HomeMy WebLinkAbout05757Reception 990305
11/09/1992
ORDINANCE NO. 5757
AN ORDINANCE APPROVING THE PLAT OF PATTY'S
SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The final plat of Patty's Subdivision, being a subdivision of land
legally described as follows:
A certain parcel of land located within the NE4 of the SW-
of Section 13, Township 20 South, Range 65 West of the 6th
P.M., and being more particularly described as follows:
Considering the North line of the said SW- of Section 13 to
bear S.88 25'- 00 "W., and all bearings contained herein
being relative thereto:
Commencing at the Northeast corner of the SW- of said Section
13, being also the Northeast corner of Arby' Subdivision, First
Filing, according to the recorded plat thereof, filed for
record September 6, 1978; thence 5.88 25' -00" W., along the
North line of said SW4 and the North line of said Subdivision,
a distance of 198.68 feet; thence S.00 28' -02" E. (S.00
- 23 "E., Plat), along the West line of said Subdivision, a
distance of 163.89 feet (161.26 feet, Deed) to the True Point
of Beginning; thence continuing S.00 28'- 02 "E., along said
West line, a distance of 262.49 feet to the Northerly right -of-
way line of U.S. Highway No. 50, as presently located: thence
N.83 53' -28" W., along said Northerly right -of -way line, a
distance of 234.50 feet; thence N.00 28' -02" W., a distance
of 160.59 feet (North, 161.00 feet, Deed); thence N.88 -13'-
36" E. (East, Deed), a distance of 67.00 feet; thence N.00 ° -
32'-38" W. (North, Deed), a distance of 70.00 feet; thence
N.88 19' -18" E., a distance of 166.10 feet (East, 166.02 feet,
Deed) to the True Point of Beginning, containing 1.211 acres,
AND
A certain parcel of land located within the NE4 of the SW- of
Section 13, Township 20 South, Range 65 West of the 6th P.M.
and being more particularly described as follows:
Considering the North line of the said SW4 of Section 13 to
bear S.88 25'- 00 "W., and all bearings contained herein being
relative thereto.
3ov 2624 P:+. rH 176
Commencing at the Northeast corner of the SW-4 of said Section
13, being also the Northeast corner of Arby' Subdivision, First
Filing, according to the recorded plat thereof, filed for
record September 6, 1978; thence 5.88 ° - 25' -00" W., along the
North line of said SW4 and the North line of said Subdivision,
a distance of 198.68 feet to the True Point of Beginning;
thence S.00 28'- 02 "E., (S.00 ° - 36' -23 "E, Plat), along the West
line of said Subdivision, a distance of 163.89 feet, (161.26
feet, Deed); thence S.88 ° - 19'- 18 "W., a distance of 166.10 feet
(West, 166.02 feet, Deed); thence S.00 32' -38" E. (South, Deed),
a distance of 70.00 feet; thence S.88 13' -36" W, (West, Deed),
a distance of 67.00 feet; thence S.00 28' -02 "E. a distance of
160.59 feet (South, 161.00 feet, Deed) to the Northerly right -
of -way line of U.S. Highway No. 50, as presently located; thence
N. 83 53' -28" W., along said Northerly right -of -way line, a
distance of 165.45 feet; thence N.00 28' -02" W., a distance
of 372.33 feet (North, 372.90 feet, Deed) to the North line
of the said SW4 of Section 13; thence N.88 25'- 00 "E., along
said North line, a distance of 397.39 feet to the True Point
of Beginning, containing 2.434 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-
�,0o' 2624 � � 477
INTRODUCED June 8 , 1992
By
HOWARD WHITLOCK
Councilperson
ATTEST:
city Clerk•.
5/26/92
APPROVED �fg
Pres i ent of the Council
-3-
Reception 990306
11/09/1992
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this day of
J c /u e - , 19 92 , by and between the CITY OF PUEBLO,
a Municipal Corporation, hereinafter referred to as "City," and
John P. Patti and Theresa M. Patti ,
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 Patty Is 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 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 250 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
2624 P� �Y 179
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
�00! 2624
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
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
2624 1$
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.
John P. Patti and
Theresa M. Patti Subdivider
By
(S E A L) Joh P. Patti
STATE OF COLORADO) By �� ---',
) ss. Theresa M. Patti aka Theresa N. Patti
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this
day of '� o !ti L 19 9 2 by Jo hn P. P a tt i and ,
B There a M. Patti
Theresa N. Patti Subdivider.
My commission expires:
i C)
... .•
®F GO
Notary Pub is
Address: "7'
CITY OF PUEBLO, a Municipal
Corporation
Presid t of the Council
ATTEST : �',
r
Ciy Clem
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
T e foregoing instrument was acknowl
day of 19 92 , by-,
as Pwe'�id of the City Council, and
s
as T City - Clzrk of the City of Pueblo, Colors
• r � cn s ioP expires:
9 12,x.
(S E A L) Add
d before me phis
MEMO,,
APPROVED AS TO FORM:
City Attorney Paqe four of four
4100� 2624 po
A certain parcel of land located within the NE 1/4 of the SW 1/4 of Section 13,
Township 20 South, Range 65 West of the 6th P.M., and being more particularly
described as follows:
Considering the North line of the said SW 1/4 of Section 13 to bear
S.88 °- 25'- 00 "W., and all bearings contained herein being relative thereto:
Commencing at the Northeast corner of the SW 1/4 of said Section 13, being also
the Northeast corner of Arby's Subdivision, First Filing, according to the
recorded plat thereof, filed for record September 6, 1978; thence S.88 °- 25'- 00 "W.,
along the North line of said SW 1/4 and the North line of said Subdivision, a
distance of 198.68 feet; thence S.00 °- 28' -02 "E. (S.00 °- 36'- 23 "E., Plat), along the
West line of said Subdivision, a distance of 163.89 feet (161.26 feet, Deed) to the
True Point of Beginning; thence continuing S.00'- 28'- 02 "E., along said West line,
a distance of 262.49 feet to the Northerly right -of -way line of U.S. Highway No.
50, as presently located; thence N.83 °- 53'- 28 "W., along said Northerly right -of -way
line, a distance of 234.50 feet; thence N.00'- 28'- 02 "W., a distance of 160.59 feet
(North, 161.00 feet, Deed); thence N.88 °- 13' -36 "E. (East, Deed), a distance of 67.00
feet; thence N.00 °- 32' -38 "W. (North, Deed), a distance of 70.00 feet; thence N.88'-
19'-18"E., a distance of 166.10 feet (East, 166.02 feet, Deed) to the True Point of
Beginning.
Containing 1.211 Acres.
AND
A certain parcel of land located within the NE 1/4 of the SW 1/4 of Section 13,
Township 20 South, Range 65 West of the 6th P.M. and being more particularly
described as follows:
Considering the North line of the said SW 1/4 of Section 13 to bear
S.88'- 25'- 00 "W., and all bearings contained herein being relative thereto:
Commencing at the Northeast corner of the SW 1/4 of said Section 13, being also
the Northeast corner of Arby's Subdivision, First Filing, according to the
recorded plat thereof, filed for record September 6, 1978; thence S.88 °- 25'- 00 "W.,
along the North line of said SW 1/4 and the North line of said Subdivision, a
distance of 198.68 feet to the True Point of Beginning; thence S.00 ° - 28' -02 "E.
(S.00 Plat), along the West line of said Subdivision, a distance of
163.89 feet, (161.26 feet, Deed); thence S.88'-19'-18"W., a distance of 166.10 feet
(West, 166.02 feet, Deed); thence S.00'- 32 -38 "E. (South, Deed), a distance of 70.00
feet; thence S.88 °- 13' -36 "W. (West, Deed), a distance of 67.00 feet; thence
S.00'- 28' -02 "E. a distance of 160.59 feet (South, 161.00 feet, Deed) to the
Northerly right -of -way line of U.S. Highway No. 50, as presently located; thence
N.83'- 53'- 28 "W., along said Northerly right -of -way line, a distance of 165.45 feet;
thence N.00'- 28'- 02 "W., a distance of 372.83 feet (North, 372.90 feet, Deed) to the
North line of the said SW 1/4 of Section 13; thence N.88 °- 25'- 00 "E., along said
North line, a distance of 397.39 feet to the True Point of Beginning.
Containing 2.434 Acres.
I
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B
SUBDIVISION NAME Patty ' s Subdivision
DEVELOPER John P. Patti and Theresa M. Patti
ENGINEER: KLH Engineering Consultants, Inc.
HIGHWAY 50
6" Std Curb & Gutter: 335 LF @ $7.00 /LF = $ 2,345.
30'Radius Corners: 2 EA @ $1400.00 /EA = 2,800.
Crosspan: 200 SF @ $3.10 /SF = 620.
Asphalt Slope Protection: 81 SY @ $5.00 /SY = 405.
Asphalt Patch: 6" thick 400 LF @ $7.00 /1-F = 2,800.
WATER
Services: 1 EA (2 existing) @ $500.00 /EA = 500.
SANITARY SEWER
Services: 1 EA (2 existing) @ $450.00 /EA = 450.
DRAINAGE
Detention Basin: 0.28 acres @ $20,000.00 /AC = 5,600.
Outlet Structure: 1 EA @ $4000.00 /EA = 4,000.
Concrete Chutes: 52 LF @ $20.00 /1-F = 1,040.
Spillway: 455 SF @ $2.00 /SF = 910.
15" CL IV RCP: 64 LF @ $25.00 /LF = 1,600.
18" CL IV RCP: 265 LF @ $30.00 /LF = 7,950.
Type 1 -A Manhole: 1 EA @ $1000.00 /EA = 1,000.
Rip Rap: 14 CY @ $50.00 /CY = 700.
Grouted Rip Rap: 10 CY @ $75.00 /CY = 750.
SUB - TOTAL $ 33,470.
FUTURE "FRONTAGE ROAD" IMPROVEMENTS
Paving /curb & gutter - 36' Street:
397.39 LF @ $63.50/LF = 25,234.
Water Main: 397.39 LF @ $23.00 /LF = 9,140.
Lighting: Lump sum = 2,000.
SUB - TOTAL $ 36,374.
GRAND TOTAL $ 69,844.
PREPARED BY: 4"19Z
Date
FIRM KLH E ngin ee ring C Inc.
REVIEWED BY: C& - !��!` z--
City of Pueblo Date
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