HomeMy WebLinkAbout05754Reception 976691
6/12/1992
ORDINANCE NO. 5754
AN ORDINANCE APPROVING THE PLAT OF J.J.J.
COMPANY SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
QP0 7
The final plat of J.J.J. Company Subdivision, being a subdivision
of land legally described as follows:
A portion of Blocks 5 and 6 in the Fountain Addition to
the City of Pueblo, according to the recorded plat thereof,
filed for record January 12, 1882 AND the vacated streets
and alleys adjacent thereto AND a portion of the NW 1/4 of
the SW 1/4 of Section 30, Township 20 South, Range 64 West
of the 6th P.M., and being more particularly described as
follows:
Considering the centerline of Albany Street to bear N. 02
04'-00"W. and all bearings contained herein being relative
thereto.
Beginning at a point 5 feet West and 12 feet South of the
Southwest corner of said Block 6, said point being the South-
west corner of those portions of Albany Street and 9th Street
vacated by Ordinance No. 1404 of the City of Pueblo; thence
N.88 00' -32" E., 12 feet South of and parallel to the North
line of said 9th Street, a distance of 331.00 feet (N.87
56'E., 330.95 feet, deed) to the West line extended of Lot
28 in said Block 6 and the Westerly right -of -way line of Inter-
state Highway No. 25, as presently located; thence Northwester-
ly, along said right -of -way line the following four (4) courses:
1. N.02 04'- 00 "W., along the West lines extended of Lot 1
and Lot 28 in said Block 6, a distance of 330.47 feet
(330.30 feet, hwy.);
2. N.24 46'- 18 "W., a distance of 498.32 feet
(N.24 46' -30" W., 498.2 feet, hwy.);
3. N.45 34' 00 "W., a distance of 74.40 feet;
4. N.65 39'- 30 "W., a distance of 136.70 feet to the cen-
terline extended of said Albany Street;
thence 5.02 ° - 04'- 00 "E., along said centerline extended, a dis-
tance of 218.76 feet (219.2 feet, more or less, deed) to the
North line of 11th Street; thence N.88 00'- 32 "E., along said
North line, a distance of 35.00 feet to the Northwest corner
Boo, 2598 P�cE136
of that portion of 11th Street vacated by Resolution of
the County of Pueblo recorded in Book 976 at Page 299 of
the County Records; thence S.02 04'- 00 "E., 5 feet West
of and parallel to the East line of said Albany Street,
a distance of 685.70 feet to the point of beginning,
containing 5.340 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.
This ordinance shall become effective immediately upon final passage
and approval.
City�`.'Clerk '
,. .
4/24/9'2
INTRODUCED
May 11 , 1992
By HOWARD WHITLOCK
Councilperson
APPROVE
Presi ent of the Council
N 76692 RECORDED g I fa ice- JUN 1 2 1992 n PAP 13'7
R1N" C u"ff. COLOMW
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this � ?& T� day of
AY , 199 , by and between the CITY OF PUEBLO,
a Municipal Corporation, hereinafter referred to as "City," and
J.J.J. COMPANY, a Par tner s hip
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 J.J.J. Company 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 -70)
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 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
aooK 2598 F�.Yr 13$
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.
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
2598 139
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.
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
pf.rmit 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
Kot 2598 140
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.
J.J.J. COMPANY, A partnership, Subdivider
By
• J seph A
(S E A L) By
STATE OF COLORADO) Joe Giannetto
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this
IS T day of 0 , 199 , by Joseph A. Fortino ,
and Joe Giannetto of J.J.J. Company, a partnership, Subdivid
-7, • KOE���\ mmission expires
o
�• (S E A 'q Notary P lic
q L f �� Address:
CITY OF PUEBLO, a Municipal
Corporation
By 1
Presid7 of the'Cottncil
ATTEST; .
C4 Clerk
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 29th
day of May , 19 by Fay B. Kastelic
as President of the City Council, and Marian D. Mead
y Clerk of the City of Pueblo, Colorado.
V ? My- commiss ion expires: r -lay 2, 1995
Notary Public
E- A,! f Address: #1 City Hall Place
" "APP'a AS TO FORM:
City Attorney Page four of four
1�001 2598 PAGE 141
A portion of Blocks 5 and 6 in the Fountain Addition to the City
of Pueblo, according to the recorded plat thereof, filed for
record January 12, 1882 AND the vacated Streets and Alleys adja-
cent thereto AND a portion of the NW 1/4 of the SW 1/4 of
Section 30, Township 20 South, Range 64 West of the 6th P.M., and
being more particularly described as follows:
Considering the centerline of Albany Street to bear
N.02 04' -00 "W. and all bearings contained herein being relative
thereto.
Beginning at a point 5 feet West and 12 feet South of the
Southwest corner of said Block 6, said point being the Southwest
corner of those portions of Albany Street and 9th Street vacated
by ordinance No. 1404 of the City of Pueblo; thence
N.88 00 32 "E., 12 feet South of and parallel to the North line
of said 9th Street, a distance of 331.00 feet (N.87 56'E.,
330.95 feet, deed) to the West line extended of Lot 28 in said
Block 6 and the Westerly right -of -way line of Interstate Highway
No. 25, as presently located; thence Northwesterly, along said
right -of -way line the following four (4) courses:
1. N.02 04 00 "W., along the West lines extended of Lot 1
and Lot 28 in said Block 6, a distance of 330.47 feet
(330.30 feet, hwy.);
2. N.24 46 18 "W., a distance of 498.32 feet
(N.24 46 30 "W., 498.2 feet, hwy.);
3. N.45 34 00 "W., a distance of 74.40 feet;
4. N.65 39 30 "W., a distance of 136.70 feet to the cen
terline extended of said Albany Street;
thence S.02 04 00 "E., along said centerline extended, a dis-
tance of 218.76 feet (219.2 feet, more or less, deed) to the
North line of 11th Street; thence N.88 00 32 "E., along said
North line, a distance of 35.00 feet to the Northwest corner of
that portion of 11th Street vacated by Resolution of the County
of Pueblo recorded in Book 976 at Page 299 of the County Records;
thence S.02 04 00 "E., 5 feet West of and parallel to the East
line of said Albany Street, a distance of 685.70 feet to the
Point of Beginning.
Containing 5.340 acres.
SUBDIVISION IMPROVEMENT AGREEMENT r� 2598 N. X142
EXHIBIT "B
SUBDIVISION NAME J.J.J. COMPANY SUBDIVISION
DEVELOPER:
J.J.J. COMPANY
ENGINEER: K L H ENGINEERING CONSULTANTS,
INC.
9TH STREET
6" STD C &G: 319 LF @ $7.00 /1-F =
$ 2,233.
Handicap Ramp: 1 EA @ $600.00 /EA =
600.
Street Patch along new curb:
130 SY 3" on 8" @ $15.00 /SY =
1,950.
ALBANY STREET
Street cut /patch: 1000 LF @ $25.00 /LF =
25,000.
Street Overlay: 3050 SY 3/4" PMS @ $5.00 /SY =
15,250.
C &G R &R @ Services: 100 LF @ $15.00 /LF =
1,500.
Curb Head @ 11th Street: 25 LF @ $10.00 /1-F =
250.
WATER
8" PVC Main: 678± LF @ $18.00 /LF =
12,204.
8" Gate Valve: 1 EA @ $1,000 /EA =
1,000.
Permanent blowoff: 1 EA @ $300.00 /EA =
300.
Services: 5 EA @ $400.00 /EA =
2,000.
SANITARY SEWER:
Services: 5 EA @ $450.00 /EA =
2,250.
DRAINAGE:
Check Dams: 3 EA @ $500.00 /EA =
1,500.
Outlet Structure: 1 EA @ $5000.00 /EA =
5,000.
48" CL III RCP: 61 LF @ $90.00 /LF =
5,490.
Break into exist drainage structure:
1 EA @ $1000.00 /EA =
1,000.
Seeding Ditch: 0.9 AC @ $6000.00 /AC =
5,400.
GRADING:
6,000 CY @ $1.50 /CY =
9,000.
TOTAL
PREPARED BY:
FIRM K L H ENGINEERING CONSULTANTS, INC.
REVI BY : G&4.f
City of Pueblo
$ 91,927.
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