HomeMy WebLinkAbout05670Reception 950636
06/28/1991
ORDINANCE NO. 5670
AN ORDINANCE APPROVING THE PLAT OF BELMONT
VILLA SUBDIVISION FILING NO. 4
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
gVVTTnM 1
The final plat of Belmont Villa Subdivision Filing NO. 4, being a sub-
division of land legally described as follows:
All of Lot 21, Block 141 in Belmont Villa, Filing No. 3,
according to the recorded plat thereof, filed for record
June 3, 1987,
AND
A certain parcel of land situated in the SW4 of the SE-
of Section 19, Twp 20 South, Range 64 West of the 6th P.M.,
more particulary described as follows: Beginning.at the
intersection of the Westerly property lines of Jerry Murphy
Road and Bonforte Blvd., according to the recorded plat of
Belmont 7th Filing; thence North 41 46' West along the said
Westerly line of Jerry Murphy Road, a distance of 125.00
feet; thence South 48 14' West, a distance of 125.00 feet;
thence South 41 46' East, a distance of 130.62 feet, more
or less to a point on the Westerly line of Bonforte Blvd.,
according to the recorded plat of Belmont 13th Filing;
thence Northeasterly along the said Westerly line of Bonforte
Blvd., on a curve to the right, whose radius is 1196.00 feet,
a distance of 115.28 feet; thence continuing along the said
Westerly line of Bonforte Blvd;, North 48 14' East, a dis-
tance of 9.74 feet to the point of beginning, being in Pueblo
County, Colorado,
AND
A certain parcel of land situated in the SW4 of the SE4 of
Section 19, Township 20 South, Range 64 West of the 6th P.M.,
more particularly described as follows:
Beginning at a point on the Westerly line of Bonforte Blvd.,
said point, measured along the said Westerly line of Bonforte
Blvd., being 125.02 feet Southwesterly from the intersection
of the Westerly property lines of Jerry Murphy Road and Bon -
forte Blvd. according to the recorded plat of Belmont, Thirteenth
Filing, thence N 41 46 "W., a distance of 130.62 feet; thence
S.48 W., a distance of 100.00 feet; thence S.41 ° -46" E.,
MOK 2548 '
a distance of 144.52 feet, more or less, to a point on the
said Westerly line of Bonforte Blvd.; thence N.38 ° -14" E.,
along the said Westerly line of Bonforte Blvd., a distance
of 7.84 feet; thence continuing along the said Westerly line
of Bonforte Blvd., along a curve to the right, whose radius
is 1,196.00 feet, a distance of 93.46 feet to the point of
beginning, containing 1.247 acres,
is hereby approved. All dedicated streets, utility and drainage easements,
rights -of -way and land set aside for public sites, parks and open spaces
shown and dedicated on said plat are hereby accepted for public use.
SECTION 2.
The acceptance of such dedicated streets, rights -of -way, utility and
drainage easements, public sites, parks and open spaces by the City does not
obligate the City to maintain or repair same until such streets, rights -of -way,
utility and drainage easements, public sites, parks and open spaces have been
constructed and installed in compliance and in accordance with the requirements
and provisions of Chapter 4, Title XII of the 1971 Code of Ordinances, as
amended and any agreements entered into pursuant thereto.
SECTION 3.
This ordinance shall become effective immediately upon final passage
and approval.
.a
P.
11/2
INTRODUCED December 10 , 1990
By KENNETH H UNTER
Councilperson
APPROVED
President of the Council
R� 5 � �?� JUN 2 8 1991
. O1�
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this i -; —.y day of
/� , 1990 , by and between the CITY OF PUEBLO,
a Municipal Corporation, hereinafter referred to as "City," and
Phillips 66 Company, a Delaware Corporation
hereinafter referred to as "Subdivider."
W I T N E S S E T H:
WHEREAS, Subdivider has subdivided or is about to subdivide
a certain tract of land located in the City and legally described as
set forth in Exhibit "A," which is attached hereto and incorporated
herein; and
WHEREAS, the Subdivider, as a condition of approval of the
final plat of BELMONT VILLA, FILING NO. 4 Subdivision,
wishes to enter into this Subdivision Improvements Agreement as
authorized by Chapter 4, Title XII of the 1971 Code of Ordinances;
and
WHEREAS, Subdivider is required pursuant to Section 12- 4 -7(J)
of the 1971 Code of Ordinances of the City to construct and install
certain public improvements as set forth in Exhibit "B ", which is
attached hereto and incorporated herein; and
WHEREAS, pursuant to Chapter 4, Title XII of the 1971 Code of
Ordinances, Subdivider is .obligated to provide security ors collateral
sufficient in the judgment of the City Council, to make reasonable
provisions for the construction and completion of the required public
improvements set forth in Exhibit "B ".
NOW THEREFORE in consideration of the following mutual covenants
and agreements, the City and Subdivider agree as follows:
1. Subdivider agrees within one hundred and eighty (180) days
after application for a building permit to construct any building or
structure on any building site within the subdivision, or upon the
issuance of a certificate of occupancy for any such building or structure,
whichever is sooner, to construct and install at his sole cost and expense
all of those public improvements set forth in Exhibit "B," which is
attached hereto and incorporated herein.
2. In lieu of installing the required public improvements
set forth in Exhibit "B" within one hundred eighty ( 180) days, Subdivider
or any subsequent owner of the land or any portion thereof shall deposit
cash or other collateral with the Director of Finance of the City, or with
any bank or trust company licensed in the State of Colorado, subject
to an escrow agreement approved by the City Attorney. The holder of such
cash or collateral shall pay all or any portion thereof to the City upon
demand after the time for completion of all required improvements by
Subdivider or subsequent owner shall have expired. Such deposit or
escrow agreement shall be hereinafter referred to as the "deposit."
3. The amount of the deposit shall be computed by the City's
Director of Public Works by estimating the total costs of all uncompleted
improvements required by this section within the block at the time
application for building permit is made. The amount of the deposit required
by this alternative shall be not less than 25% of such estimate plus the
costs of extending all required sewer and water lines from the nearest
existing sewer and water lines to the proposed building site for which a
building permit is sought, plus the costs of extending curb, gutter,
Page one of four
e %Z 48 iA+ f 8o5
sidewalk and paving from the edge of the subdivision or existing
improvements of a like nature whichever is nearer to the proposed
building site. In any case where the block, as hereinafter defined,
shall exceed one thousand (1,000) feet in length between intersecting
streets, the estimate of the City Director of Public Works under this
paragraph may be reduced to the total costs of all uncompleted improve-
ments in at least one -half of such block, and the required deposit
shall be based upon such decreased estimate, provided, however,
Subdivider shall undertake to provide a turnaround of at least sixty
(60) feet in diameter at the mid -block point and barracade said streets
so that no through traffic shall be permitted beyond the point to which
the estimate of the Director of Public Works is based.
4. Within one hundred eighty ( 180) days after subsequent
application for a building permit to construct any buildin or structure
upon any building site within the block, or upon the issuance of a
certificate of occupancy for any such building or structure, whichever
is sooner, Subdivider shall likewise deposit an amount not less than
the estimate of the Director of Public Works for all required improvements
from existing improvements to the proposed building site, less any
previous deposits made hereunder upon building sites lying between the
most recently proposed site and existing improvement.
5. The City may treat the amount of such deposit as a debt due
the City from Subdivider or subsequent owner, which debt shall be a
lien upon all the land in the Subdivision and notice of lien may be filed
for record in the office of the County Clerk and Recorder at any time
after such default. Action upon such debt may be instituted by the
City within six (6) years from the date of filing such lien for record.
All remedies provided for herein are cumulative and the use of one shall
not prohibit the use of another.
6. Upon payment of each such deposit, the City Director of
Public Works shall release the proposed building site from the terms
of this Agreement.
7. As a condition of approval of this Subdivision, and to meet the
requirements of Section 12- 4 -7(J) of the 1971 Code of Ordinances, Subdivider
specifically agrees that no building permit or certificate of occupancy shall
be issued by the Pueblo Regional Building Department until a certificate
of compliance has been approved and issued by the City Director of
Public Works and duly recorded in the Office of the Pueblo County Clerk
and Recorder which certifies that those public improvements set forth
in Exhibit "B," or that portion of said improvements as shall be necessary
to totally serve specific lot(s) or block(s) for which building permits or
certificates of occupancy are sought and which are covered by a particular
certificate of compliance, have been properly designed, engineered,
constructed, and accepted as meeting the specifications and standards
of the City.
These restrictions on the issuance of building permits and cert-
ificates of occupancy shall run with the land and shall extend to and be
binding upon the heirs, executors, legal representatives, successors
and assigns of Subdivider and may be specifically enforced by the City.
8. Acceptance of this Subdivision by the City does not constitute
an acceptance of the roads, park, and other public improvements for
maintenance by the City. Until such roads and other park and public
improvements have been installed and meet the requirements, standards,
and specifications of the City, its Subdivision ordinances, and any
applicable Parks Department specifications, and such are specifically
approved and accepted in writing by the City Director of Public Works,
and, if appropriate, the City Director of Parks and Recreation, the
maintenance, construction, and all other matters pertaining to or
affecting said roads, park and other public improvements and rights of
way are the sole responsibility of the Subdivider or any subsequent
owner(s) of the land within this Subdivision.
Page two of four
BOOK 2548 iA!° 8j
9. The required time for completion of all such improvements
by Subdivider within such block shall be one (1) year from the date of
application for the first building permit issued within such block.
Upon completion and written approval and acceptance of such improve-
ments within the required time and the payment of all inspection costs by
Subdivider, the Director of Public Works shall cause all obligations
of Subdivider relating to such improvements within such block to be
released. If said improvements are not completed within the required
time, the City Director of Public Works may cause the proceeds of
all deposits or other collateral or monies in escrow to be used to
complete the same. If sufficient monies are available at the end of the
required time to complete all such improvements herein required for
the entire lenath of such block, the Director of Public Works shall
cause all collateral or monies in escrow to be reduced in cash and
shall deposit the same with the Director of Finance and such cash shall
be used to complete that portion of the improvements the Director of
Public Works shall determine. Until all improvements are completed
and approved by the Director of Public Works, Subdivider and the
subdivided land shall remain liable and responsible therefore.
10. For purposes of this Agreement, the word "block" shall
mean both tiers of lots fronting or abutting upon the street which
the proposed building or structure shall front to the rear property
line of such lots, or the center line of the alley, if there is an alley,
enclosed at either end by a street which intersects both tiers of lots,
and shall include the full width of all streets upon which such lots
abut.
* prior to recordation
11. Subdivider agrees to provide the City with a current
title insurance commitment )atxAkccx"wjexof final platting evidencing
that fee simple title of all lands in the Subdivision is totally vested
with the Subdivider free and clear of any and all encumbrances. If
such land is not free and clear, the holder of such indebtedness
shall subordinate its interest or encumbrance to this Agreement and
all its terms, conditions, and restrictions.
12. It is mutually agreed that the City or any purchaser of
any lot(s) within this Subdivision shall have the authority to bring
an action in any Court of competent jurisdiction to compel the
enforcement of this Agreement or any amendment thereto. Such
authority shall include the right to compel rescission of any sale,
conveyance, or transfer of any lot(s) or tract(s) contrary to the
provisions of the Ordinances of the City or this Agreement. Such
action, however, shall be commenced prior to the issuance of a building
permit or prior to commencement of construction on any lot(s) or
tract(s) of land.
13. The parties hereto mutually agree that this Agreement
may be amended from time to time by mutual consent provided that
such amendment be in writing and be signed by all parties hereto.
14. This Agreement shall extend to and be binding upon the
successors and assigns of the City and upon the heirs, administrators,
executors,. successors, assigns, and legal representatives of Subdivider,
and shall be placed on record in the Office of the County Clerk and
Recorder of Pueblo County, Colorado, and shall constitute an
agreement running with the land until released as hereinabove set
forth.
Page three of four
BOOK 2540
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and attested by its duly authorized and
acting officers and the seal of the Subdivider set hereon.
PHILLIPS 66 COMPANY , Subdivider
A Delaware Corporation
By –_ —_
(S E A L) ATTORNEY IN FACT
STATE OF
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
j� day. of a , f 19 q 1' by JC'rV A. HCUSTOM ,
ATTORNE FACT Subdivider.
My , commission expires:
(S E A L) N ary Public
Address:
CITY OF PUEBLO, a Municipal
Corporation
By
I ` ,
PresiVwit oft a Council
ATT ST `,
' 4
City r C'lel - �C
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowleoged before me this
r
day of J 2�– _ , 19 � / , b
as Fresid of the City Council, and ��.� __
as of the City of Pueblo, Colora o.
t� P�1�Ad6prniss ion / expires:
Q L � ota P b rc
Addres
8
F C
APPROVED AS TO FORM;
City Attorn Page four of four
BOOK 2548 1 "A {;f 8
All of Lot 21, Block 141 in Belmont Villa, Filing No. 3, according to the recorded
plat thereof, filed for record June 3, 1987.
AND
A certain parcel of land, situated in the SW %, of the SE 4, of Section 19, Twp.
20 South, Range 64 West of the 6th P.M., more particularly described as follows:
Beginning at the intersection of the Westerly property lines of Jerry Murphy
Road and Bonforte Blvd., according to the recorded plat of Belmont 7th, Filing;
thence North 41 46' West, along the said Westerly line of Jerry Murphy Road,
a distance of 125.00 feet; thence South 48° 14' West a distance of 125.00 feet;
thence South 41 ° 46' East, a distance of 130.62 feet, more or less, to a point
on the Westerly line of Bonforte Blvd., according to the recorded plat of Belmont
13th Filing; thence Northeasterly along the saidWesterly line of Bonforte Blvd.,
on a curve to the right, whose radius is 1196.00 feet, a distance of 115.28 feet;
thence continuing along the said Westerly line of Bonforte Blvd., North 48 14'
East, a distance of 9.74 feet to the point of beginning, being in Pueblo County,
Colorado.
AND
A certain parcel of land, situated in the SWY of the SE 34 of Section 19, Township
20 South, Range 64 West of the 6th P.M., more particularly described as follows:
Beginning at a point on the Westerly line of Bonforte Blvd., said point, measured
along the said Westerly line of Bonforte Blvd., being 125.02 feet Southwesterly
from the intersection of the Westerly property lines of Jerry Murphy Road and
Bonforte Blvd., according to the recorded plat of Belmont, Thirteenth Filing;
thence N.41 a distance of 130.62 feet; thence S.48 14 a distance
of 100.00 feet; thence S.41 1 -46' E., a distance of 144.52 feet, more or less, to
a point on the said Westerly line of Bonforte Blvd.; thence N.38 °- 14'E., along
the said Westerly line of Bonforte Blvd., a distance of 7.84 feet; thence continuing
along the said Westerly line of Bonforte Blvd., along a curve to the right, whose
radius is 1,196.00 feet, a distance of 93.46 feet to the Point of Beginning.
Containing 1.247 acres, total.
SUBDIVISION IMPROVEMENT AGREEMENT
EX I II I31T "B
SUBDIVISION NAME: Belmont Villa, Filing No. 4
800K 2:
DEVELOPER: Phillips 66 Company
ENGINEER:
K L H Engineering Consultants, Inc.
6" Curb & Gutter: 530 LF @ $7.00 /LF
Cross Pans /Fillets: 1006 SF @ $3.10
Sidewalk: 1696 SF @ $2.00 /SF
Handicap Ramps: 5 EA @ $250.00 EA
6" Curb Head in Villa Park Lot: 228 LF @ $5.00 /LF
Detention Basin: 0.0472 AC @ $20,000 /AC
3' Retaining wall @ Det. Basin: 208 LF @-$18.00 /LF
Outlet Structure: 1 EA. @ $3,000 /EA
Chute: 15.5 LF @ $ 20.00 /LF
15" Pipe: 166 LF @ $15.00 /LF
Rip Rap: 15 CY @ $50.00 /CY
Type "S" Inlet: 1 EA @ $1,400.00
Demolition: 60" CMP @ Lump Sum
Demolition: Asphalt, C &G, Etc. - Lump Sum
60" RCP: 37.5 LF @ $125.00 /LF
60" Collars: 2 EA @ $1,500 /EA
Grading: Sitework - 1700 CY± @ $2.50 /CY
Asphalt Patch: Lump Sum
$ 3,710;
3,119.
3,392.
1,250.
1,140.
944.
3,744.
3,000.
310.
2,490.
750.
1,400.
2,500.
5,000.
4,687.
3,000.
4,250.
1,200.
$ 45., 886.
PREPARED BY: J. Wilkerson
FIRM K L H ENGINEERING CONSULTANTS, INC
REVIEWED BY
C tyoF Pueblo
led
Rev. 3/20/91
Rev. 3/14/91
1/9/91
Date
dO 199
—fJate