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HomeMy WebLinkAbout05732Reception 970461 4/03/1992 ORDINANCE NO. 5732 AN ORDINANCE APPROVING THE PLAT OF EL CAMINO SUBDIVISION, 10TH FILING BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: CVrMTnM 1 The final plat of E1 Camino Subdivision, 10th Filing, being a sub- division of land legally described'as follows: A parcel of land in the SW of the SEA and the W 1/2 of the SEk of the SE4 of Section 16, Township 21 South, Range 65 West of the 6th P.M., being more particularly described as follows: Considering the South line of the SE4 of Section 16, Township 21 South, Range 65 West of the 6th P.M. to bear S.89 16' -29" E. and all bearings contained herein relative thereto. Beginning at the Northeast corner of Lot 11, Block 20 in E1 Camino Subdivision, 8th Filing, according to the recorded plat thereof, filed for record December 17, 1990: thence N. 00 ° - 47'- 29 "E., a distance of 74.64 feet; thence S. 89 12'- 31 "E., a distance of 120.00 feet; thence N. 00 ° - 47'- 29 "E., a distance of 5.51 feet; thence S. 89 ° - 12'- 31 "E., a distance of 170.65 feet; thence N. 03 ° - 47'- 38 "E., a distance of 70.80 feet; thence N. 21 ° - 30'-37 "E., a distance of 65.88 feet; thence N. 63 22'- 37 "E., a distance of 82.69 feet; thence N. 73 53'- 39 "E., a distance of 58.98 feet; thence N. 00 00'- 00 "W., a distance of 169.73 feet; thence N. 12 51'- 31 "E., a distance of 97.36 feet; thence N. 00 50'- 26 "E., a distance of 97.36 feet; thence S. 89 ° - 09'- 34 "E., a distance of 229.61 feet; thence S. 73 32'- 56 "E., a distance of 60.00 feet; thence Southwesterly, along the arc of a curve to the left whose center bears S.73 ° - 32' -56 "E. and whose radius is 450.00 feet, a distance of 21.57 feet; thence 5.76 17' -42" E., a distance of 110.00 feet; thence S.07 47 -48" W., a distance of 70.00 feet; thence N.85 50' -55" E., a distance of 236.50 feet to the Westerly line of the Arkansas Valley Conduit; thence Southerly, along said Westerly line the following two (2) courses: booK 2585 PAGE 732 1. along the arc of a curve to the right whose center bears S.85 50' -55 "W. and whose radius is 905.00 feet, a distance of 126.82 feet; 2. S.03 52'- 39 "W., a distance of 751.80 feet to the Northeast corner of Lot 1, Block 42 in said E1 Camino Subdivision, 8th Filing; thence along the North subdivision boundary of said E1 Camino Subdivision, 8th Filing the following eight (8) courses: 1. N.89 16'- 29 "W., a distance 2. S.00 43- 31 "W., a distance 3. N.89 16'- 29 "W., a distance 4. N.00 47'- 29 "E., a distance 5. N.89 12'- 31 "W., a distance 6. S.00 47'- 29 "W., a distance 7. N.89 12'- 31 "W., a distance 8. N.00 47'- 29 "E., a distance to the point of beginning, contain of of of of of of of of ing 163.46 feet; 10.00 feet; 589.43 feet; 129.43 feet; 170.65 feet; 15.51 feet; 120.00 feet; 255.36 feet; 17.699 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 agreement entered into pursuant thereto. SECTION 3. This ordinance shall become effective immediately upon final passage and approval. -2- r�4�"C• Lp °� ., J CAM '% (jiffy Clerk -3- BOOK 2585 PAu 733 INTRODUCED February 10 , 1992 By MICHAEL OCCHIATO Councilperson APPROVED Pre 1/27/92 Reception 970462 4/03/1992 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this 10th day of February , 19 92 , by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City," and EL CAMINO JOINT V ENTURE, a Colorado General Partnership , 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 EL CAMINO SUBDIVISION, 10TH FILING 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 or 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 agreement the City and Subdivider agree as follows: i. 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 b hereinafter referred to as the "deposit." 3. The amount of the deposit shall be computed by the City's Director of Public Works oy estimating the total costs of all uncompleted improvements require l 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 Boa 2585 P,nE !J5 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 building 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. S. 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 ma 2585 FA.rF736 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 length 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. 11. Subdivider agrees to provide the City with a current title insurance commitment at the time of 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 Boot 2585 D,GE737 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. ED ROBINSON AND ASSOCIATES, as Managing Partner of EL CAMINO JOINT VENTURE A Colorado General Partnership Subdivider B Edward L. Robinson, - President (SEAL) STATE OF COLORADO) ss . Df i da M. Kelly, As ista ecret y COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 23rd day of March 199 , by E dward L. Robinson, Preside and L inda M. Kelly, Assistant Secretary , of ED ROBINSON AND ASSOCIATES, as Managing Partner of EL CAMINO JOINT VENTURE, a Colorado General Partnership. My commission expires: 9 -08 -92 � I., A r • �3:r'� . Al �Idrk STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) Notary Public M E. Diana Address • 1721 Highway 50 West Pueblo, CO 81008 CITY OF PUEBLO, a Municipal Corporation B� Presi nt of the Council The foregoing instrument was acknowledged before me this 1st day .of :;; April 199 by Fay B. Kastelic a!&A0fesj(jiW1 -,,pf the City Council, and �s- �C VII iii ,.isf e``City of Pueblo t WyN db)r m'isi.ion expires: Ma c, APPROVED AS TO FORM: C o l orado . I • • � N • . l� l • -• • CO S City At ney Paqe four of four ,mK2585 P�tc� 738 A parcel of land in the SW 1/4 of the SE 1/4 and the W 1/2 of the SE 1/4 of the SE 1/4 of Section 16, Township 21 South, Range 65 West of the 6th P.M., being more particularly described as fol- lows: Considering,the South line of the SE 1/4 of Section 16, Township 21 South, Range 65 West of the 6th P.M. to bear S.89 ° - 16' -29 "E. and all bearings contained herein being relative thereto. Beginning at the Northeast corner of Lot 11, Block 20 in El Camino Subdivision, 8th Filing, according to the recorded plat thereof, filed for record December thence N.00 ° - 47 29 "E., a distance thence S.89 ° - 12'- 31 "E., a distance thence N.00 47 29 "E., a distance thence S.89 °- 12'- 31 "E., a distance thence N.03 ° - 47'- 38 "E., a distance thence N.21 ° - 30'- 37 "E., a distance thence N.63 22'- 37 "E., a distance thence N.73 53'- 39 "E., a distance thence N.00 ° - 00'- 00 "W., a distance thence N.12 51'- 31 "E., a distance thence N.00 50 26 "E., a distance thence S.89 ° - 09'- 34 "E., a distance thence S.73 ° - 32'- 56 "E., a distance 17 of of of of of of of of of of of of of 1990; 74.64 feet; 120.00 feet; 5.51 feet; 170.65 feet; 70.80 feet; 65.88 feet; 82.69 feet; 58.98 feet; 169.73 feet; 97.36 feet; 97.36 feet; 229.61 feet; 60.00 feet; thence Southwesterly, along the arc of a curve to the left whose center bears S.73 ° - 32' -56 "E. and whose radius is 450.00 feet, a distance of 21.57 feet; thence S.76 ° - 17'- 42 "E., a distance of 110.00 feet; thence S.07 ° - 47 48 "W., a distance of 70.00 feet; thence N.85 50 55 "E., a distance of 236.50 feet to the Westerly 'line of the Arkansas Valley Conduit; thence Southerly, along said Westerly line the following two (2) courses: 1. along the arc of a curve to the right whose center bears S.85 50' -55 "W. and whose radius is 905.00 feet, a distance of 126.82 feet; 2. S.03 52'- 39 "W., a distance of 751.80 feet to the Northeast corner of Lot 1, Block 42 in said E1 Camino Subdivision, 8th Filing; thence along the North subdivision boundary of said E1 Camino Subdivision, 8th Filing the following eight (8) courses: 1. N.89 16 29 "W., a distance of 163.46 feet; 2. S.00 43'- 31 "W., a distance of 10.00 feet; 3. N.89 16 29 "W., a distance of 589.43 feet; 4. N.00 47 29 "E., a distance of 129.43 feet; 5. N.89 12'- 31 "W., a distance of 170.65 feet; 6. S.00 47'- 29 "W., a distance of 15.51 feet; 7. N.89 12 31 "W., a distance of 120.00 feet; 8. N.00 47 29 "E., a distance of 255.36 feet; to the point of beginning. Containing 17.699 acres. ' �OGn 2585 P�.G� �J9 SUBDIVISION IMPROVEMENT AGREEM EXHIBIT "B SUBDIVISION NAME: EL CAMINO SUBDIVISION, 1OTI4FILING - PHASE I DEVELOPER: EL CAMINO JOINT VENTURE ENGINEER: KLH ENGINEERING CONSULTANTS, INC. STREETS 4" Rolled C &G: 1710 LF @ $7.00 /LF = $ 11,970. 6" STD. C &G: 686.2 LF @ $7.00 /LF = 4,803. Transition Sections: 51.1 LF @ $7.00 /LF = 358. Asphalt - 3 on 12 ": 4710 SY @ $13.00 /SY = 61,230. Asphalt (Temp Cul) 2" on Compacted Subgrade: 1350 SY @ $9.00 /SY = 12,150. Street Signs: 1 EA @ $125.00 /EA = 125. Traffic Signs: 1 EA @ $200.00 /EA = 200. Street Lights: 4 EA @ $1000.00 /EA = 4,000. Monuments: 5 EA @ $450.00 /EA = 2,250. SANITARY SEWER 8" PVC: 1131.1 LF @ $40.00 /LF = 45,244. 8" Plug: 1 EA @ $150.00 /EA = 150. WATER 6" PVC: 483 LF @ $14.00 /LF = 6,762. 8" PVC: 742.4 LF @ $18.00 /LF = 13,363. 1" Services: 28 EA @ $425.00/EA = 11,900. Fire Hydrant Assemblies: 1 EA @ $1500.00 /EA = 1,500. Permanent Blowoff: 1 EA @ $300.00 /EA = 300. Temporary Blow Off: 2 EA @ $300.00 /EA = 600. 6" Gate Valve: 1 EA @ $500.00 /EA = 500. STORM SEWER 15" CL IV RCP: 180.1 LF @ $25.00 /LF = 4,503. 18" CL IV RCP: 402.2 LF @ $30.00 /LF = 12,066. Type "S" Inlet, L =4': 1 EA @ $1400.00 /EA = 1,400. Type "S" Inlet, L =': 2 EA @ $2200.00 /EA = 4,400. Type 1 -A Manhole: 1 EA @ $1000:00 /EA' = 1,000. Conc. Channel: 171 LF @ $30.00 /LF = 5,130. Rip Rap: 26.5 CY @ $50.00 /CY = 1,325. EARTHWORK: 9000 CY @ $1.50 /CY = 13,500. TEMP. DITCH: Lump Sum = 1,000. BARRICADE: 2 EA @ $500.00 = 1,000. EROSION CONTROL: Lump Sum = 1,000. TOTAL PREPARED BY: FIRM KLH ENGINEERING CONSULTANTS, INC. REVIEWED BY: ( /IAM (/ C t of Pueblo wGw $ 223,729. 311.39 z ate 7 07 X Date SUBDIVISION IMPROVEMENT AGREEMENT BOOK 2 585 PA E740 EXHIBIT "B SUBDIVISION NAME: EL CAMINO SUBDIVISION, IOT14FILING - PHASE II DEVELOPER: EL CAMINO JOINT VENTURE ENGINEER: KLH ENGINEERING CONSULTANTS, INC. STREETS 4" Rolled C &G = 2405.2 LF @ $7.00 /LF = $ 16,836. 6 STD C &G = 206.1 LF @ $7.00 /LF = 1,443. Transition Sections = 45.6 LF @ $7.00 /LF = 319. Asphalt - 3" on 12" - 5664.9 SY @ $13.00 /SY = 73,644. Street Signs: 2 EA @ $125.00 /EA = 250. Traffic Signs: 2 EA @ $200.00 /EA = 400. Street Lights: 4 EA @ $1000.00 /EA = 4,000. Monuments: 11 EA @ $450.00 /EA = 4,950. SANITARY SEWER 8" PVC: 1.118.7 LF @ $40.00 /LF = 44,748. WATER 6" PVC: 737.7 LF @ $14.00 /LF = 10,328. 8" PVC: 610.1 LF @ $18.00 /LF = 10,982. 1" Services: 26 EA @ $425.00/EA = 11,050. Fire Hydrant Assemblies: 1 EA @ $1500.00 /EA = 1,500. Permanent Blow -Off: 3 EA @ $300.00 /EA = 900. Temporary Blow -Off: 1 EA @ $300.00 /EA = 300. 6" Gate Valves: 3 EA @ $500.00 /EA = 1,500. 8" Gate Valves: 2 EA @ $800.00 /EA = 1600. STORM SEWER 15" CL IV RCP: 4.5 LF @ $25.00 /LF = 113. • 18" CL IV RCP: 420 LF @ $30.00 /LF = 12,600. Type "S" Inlet, L =4': 1 EA @ $1400.00 /EA = 1,400. Type "S" Inlet, L =8': *2 EA.@ $2200.00 /EA = 4400. Type 1 -A Manhole: 1 EA @ $1000.00 /EA = 1000. Conc. Channel: 182 LF @ $30.00 /LF = 5,460. Rip Rap: 10 CY @ $50.00 /CY = 500. EARTHWORK: 6000 CY @ $1.50 /CY = 9,000. BARRICADE: 1 EA @ $1000.00 /EA = 1,000. EROSION CONTROL: Lump Sum = 1,000. TOTAL $ 221,223. PREPARED BY: vim• FIRM KLH ENGINEERING CONSULTANTS, INC. REVIEWED BY : . C ty of Pueblo o 'A*W 3/13/9 Z, Date 3/ �7 ? _ Date SUBDIVISION IMPROVEMENT AGREEMENT nog 2585 P ".G` 741 EXHIBIT "B SUBDIVISION NAME: EL CAMINO SUBDIVISION, 1OTI4FILING DEVELOPER: EL CAMINO JOINT VENTURE ENGINEER: KLH ENGINEERING CONSULTANTS, INC. STREETS 4" Rolled C & G: 4115.2 LF @ $7.00 /LF - $ 28,806. 6" STD. C & G: 892.3 LF @ $7.00 /LF = 6,246. Transition Sections: EA @ $1400.00 /EA 96.7 LF @ $7:00 /LF = 677. Asphalt - 3 on 12" - 10374.9 SY @ $13.00 /SY = 134,874. Asphalt (Temp. Cul) - 2" on compacted subgrade: = 10,590. Rip Rap: 36.5 CY @ $50.00 /CY 675 SY @ $9.00 /SY = 6,075.. Street Signs: 3 EA @ $125.00 /EA = 375. Traffic Signs: 3 EA @ $200.00 /EA = 600. Street Lights: 8 EA @ $1000.00 /EA = 8,000. Monuments: 16 EA @ $450.00 /EA = 7,200. SANITARY SEWER 8" PVC: 2249.8 LF @ $40.00 /LF = $ 89,992. WATER 6" PVC: 1220.7 LF @ $14.00 /LF. _ $ 17,090. 8" PVC: 1352.5 LF @ $18.00 /LF = 24,345. 1" Services: 54 EA @ $425.00/EA = 22,950. Fire Hydrant Assemblies: 2 EA @ $1500.00 /EA = 3,000. Permanent Blow -Off: 4 EA @ $300.00 /EA = 1,200. 'Temporary Blow -Off: 2 EA @ $300.00 /EA = 600. 6 ",Gate Valves: 4 EA @ $500.00 /EA = 2,000. 8" Gate Valves: 2 EA @ $800.00 /EA = 1,600. S TORM SE WER 15" CL I4 RCP: 184.6 LF @ $25.00 /LF = 4,615. 18" CL IV RCP: 822.2 LF @ $30.00 /LF = 24,666. Type "S" Inlet, L =4 2 EA @ $1400.00 /EA = 2,800. Type "S" Inlet, L =8': 4 EA @ $2200.00 /EA = 8,800. Type 1 -A Manhole: 2EA @ $1000.00 /EA = 2,000. Conc Channel: 353 LF @ $30.00 /LF = 10,590. Rip Rap: 36.5 CY @ $50.00 /CY = 1,825. EARTHWORK: 15,000 CY @ $1.50 /CY = 22,500. TEMP. DITCH: Lump Sum = 1,000. BARRICADE, L =8': 1 EA @ $500.00 /EA = 500. BARRICADE, L =28': 1 EA @ $1000.00 /EA = 1,000. EROSION CONTROL: Lump Sum = 1,500. TOTAL $ 437,426. PREPARED BY: ��.t�..o�� -- .M3Lf Date FIRM_ KLH ENGINEERING CONSU LTANTS, INC. REVIEWED BY : 312,719p'-- -clei City of Pueblo Date •e BOOK 2585 PAGE 742 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR EL CAMINO SUBDIVISION, 10TH FILING Notwithstanding anything to the contrary in the attached Subdivision Improvements. Agreement for E1 Camino Subdivision, 10th Filing, the City of Pueblo, a municipal corporation ( "City ") and Ed Robinson and Associates, as managing partner of El Camino Joint Venture ( "Subdivider ") agree as follows: 1. The Subdivision will be developed in two separate and distinct phases. 2. Phase 1 (28 lots) shall consist of Lots 13 through 16, Block 20, Lots 10 through 13 and 42 through 56, Block 43, and Lots 2 through 6, Block 42. 3. Phase 2, (26 lots) shall consist of Lots 25 through 41, Block 43 and Lots 7 through 15, Block 42. 4. The Subdivider shall construct and install all of the public improvements in and needed to serve the lots within each Phase as described in Exhibit "B" of the Subdivision Improvements Agreement. 5. When the Subdivider completes the Subdivision requirements and public improvements for Phase 1, the City will release all of the lots in Phase 1 from this Agreement as if 'Phase 1 was a separate and distinct subdivision. 6. This addendum shall become a part of the Subdivision Improvements Agreement, shall constitute a covenant running with the property, shall extend to, be binding upon and inure to the benefit of the successors and assigns of the City and the Subdivider. If there is a conflict between the provisions of this Addendum and the Subdivision Improvements Agreement, the provisions of this Addendum shall control. 7. If any provision of this Addendum or the Subdivision Improvements Agreement is determined to be invalid or unenforceable, such determination shall not affect the validity of other provisions. 8. All rights and remedies of the City under this Addendum or the Subdivision Improvements Agreement shall be cumulative and in addition to any right or remedy existing at law or in equity. Neither delay nor failure by the City to exercise any right or remedy shall impair any such right or remedy or constitute a waiver. 9. If litigation is filed concerning the Subdivision 1 1, . sooK 2585 PAGE 143 Improvements Agreement or this Addendum, the prevailing party shall receive reasonable attorneys' fees from the other party. SUBDIVIDER: Ed Robinson and Associates, as managing partner of E1 Camino Joint Venture ATTEST: 9 44A ,-" Helen G. obinson, Secretary STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) Subscribed and sworn to before me on , 1992, by Edward L. Robinson as President and Iteelen G. Robinson as Secretary of Ed Robinson and Associates, as managing partner of E1 Camino Joint Venture. A i ,p►''ti4;iy commission expires: t ry Public CITY OF PUEBLO, a Municipal Corporation By: xi-, tte— Y �v President o t e Council F J STATE OF COLORADO) ss. COUNTY OF PUEBLO ) BOOK 2585 PAf E - 144 Subscribed and sworn to before me on April 1 , 1992, by Fay B. Kaste as President and Marian D. Mead as Sec .,etA of the City of Pueblo, a Municipal Corporation. , c . 1A • 0 "I ;Y .•'IKy c ion expires: • r -9 x;1994 P U ��t�'• ..... . o APPF 6VED AS TO FORM: City Atto ey K Reception 970464 4/03/1992 RATIFICATION OF PLAT FOR VALUE RECEIVED, the Board of Education, School District No. 60, County of Pueblo, State of Colorado, being the owner of indebtedness secured by a deed of trust recorded November 30, 1990 in Book 2523 at Page 406, does hereby ratify and consent to the subdivision of the land platted as E1 Camino Subdivision 10th Filing shown on the fpbdivision Plat recorded in Plat Book at Page 1 � of the records of Pueblo County, Colorado, and confirms and joins in the dedication of all streets, easements, rights -of -way and access restrictions shown thereon and subordinates its interest in the property described in this Subdivision Plat to any Subdivision Improvements Agreement between the Subdivider and the City of Pueblo executed in conjunction therewith. Signed this 10 day of March, 1992. Board of Education, School District No. 60, County of Pueblo, State of Colorado By : Title: P esident, Boaed of E ucation STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me b James M. Gutierrez , President Board of Education, School District No. 60, County of Pueblo, State Colorado this 10 day of March, 1992.. My Commission expires March 10. 1996t" vpa� Notary Public Reception 970465 4/03/1992 RATIFICATION OF PLAT FOR VALUE RECEIVED, Joseph W. Gagliano, Buddy W. Rice and Patrick E. Pate, as tenants in common, being the owner of indebtedness secured by a deed of trust recorded November 30, 1990 in Book 2523 at Page 412, does hereby ratify and consent to the subdivision of the land platted as E1 Camino Subdivision 10th Filing shown 9n the Subdivision Plat recorded in Plat Book �S' at Page of the records of Pueblo County, Colorado, and confirms and joins in the dedication of all streets, easements, rights of way and access restrictions shown thereon and subordinates its interest in the property described in this Subdivision Plat to any Subdivision Improvements Agreement between the Subdivider and the City of Pueblo executed in conjunction therewith. Signed this _o::� day of F"�, 1992. egg W. Gaglia Buddy W. i _"Z& z z&L Patrick E. Pate STATE OF COLORADO) ss. COUNTY OF PUEBLO ) The for oin i1ptru ent was cknowledged before, r by tariv C2 VCK �. this �Q day of , 1992. �• i'/ My Commission expires o ry Public Q P C, Reception 970466 4/03/1992 RATIFICATION OF PLAT FOR VALUE RECEIVED, Bank Western Federal Savings Bank, a Federal chartered savings and loan association, being the owner of indebtedness secured by a deed of trust recorded February 1, 1991 in Book 2530 at Page 257, does hereby ratify and consent to the subdivision of the land platted as E1 Camino Subdivision 10th Filing shown on the Subdivision Plat recorded in Plat Book 6 � at Page 7 qS of the records of Pueblo County, Colorado, and confirms and joins in the dedication of all streets, easements, rights of way and access restrictions shown thereon and subordinates its interest in the property described in this Subdivision Plat to any Subdivision Improvements Agreement between the Subdivider and the City of Pueblo executed in conjunction therewith. Signed this day of y, 1992. 1� Bank Western Federal Savings Bank, a Federally chartered savings and loan association STATE OF COLORADO) SS. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me by tZL�I'e ►� � �'�' of Bank Western Federal Savings Bank, a Federally Chartered savings and loan association this 2 i-A day of -terry, 1992. jNa hG h. My Commission expires S t ua M t Q_ 1 g q 4 �. C L c v � ,,Notary Public ks Reception 970467 4/03/1992 RATIFICATION OF PLAT FOR VALUE RECEIVED, Field Corporation, a Colorado corporation, being the owner of indebtedness secured by a deed of trust recorded February 1, 1991 in Book 2530 at Page 328 and a deed of trust recorded February 1, 1991 in Book 2530 at Page 343, does hereby ratify and consent to the subdivision of the land platted as E1 Camino Subdivision 10th Filing shown on the Subdivision Plat recorded in Plat Book at Page -71K5 of the records of Pueblo County, Colorado, and confirms and joins in the dedication of all streets, easements, rights of way and access restrictions shown thereon and subordinates its interest in the property described in this Subdivision Plat to any Subdivision Improvements Agreement between the Subdivider and the City of Pueblo executed in conjunction therewith. Signed this 28� day of February, 1992. Field Corporation, a Colorado corporation By: ai A Title: ' STATE OF COLORADO) ss. COUNTY OF PUEBLO ) T foregoing instrument was acknowledged before me by , Field Corporation, a Colorado corporation, this - day of February, 1992. My Commission expires M y COMMiSSion Expires Jan. 25,1993 `` Notary Public