HomeMy WebLinkAbout05819Reception 1042947
04/29/1994
ORDINANCE NO. 5819
AN ORDINANCE APPROVING THE VILLAS AT WALKING STICK
SPECIAL AREA PLAN
WHEREAS, the Villas at Walking Stick Special Area Plan
has been submitted to the Planning and Zoning Commission for
approval pursuant to Section 17 -4 -29 of the 1971 Code of Ordi-
nances, and
WHEREAS, the Planning and Zoning Commission after a public
hearing found and determined the objectives and requirements
of said Section 17 -4 -29 can and will be met, and
WHEREAS, the Planning and Zoning Commission has recommended
the approval of the Villas at Walking Stick Special Area Plan
without conditions; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
that:
SECTION 1.
The Villas at Walking Stick Special Area Plan is hereby
approved.
SECTION 2.
This ordinance shall become effective immediately upon
final passage and approval.
ATTEST:
City Cle c
INTRODUCED July 12 1993
BY SAMUEL CORSENTINO
Councilperson
APPROVE /Z ��
P ent of the Council
reed
6/28/93
Reception #: 1042950
04/29/1994
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS GREE ENT made and entered into this Z841 day of
199 , by and between the CITY OF PUEBLO,
a Muni ipal Corporation, hereinafter referred to as "City," and
WALKIN STICK U. S. L I M ITE D PARTNERSHIP, a C lim ited part
hereinafter referred to as "Subdivider."
W ITNESSETH:
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 VILLAS AT WALKING STICK, A SPECIAL AREA PLAN,
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 ]n 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
Book: 2729 Page: 734 Chris C. !Munoz
Page: 2 of 7 Pueblo CO.Clk.&Rec.
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
Book: 2729 Page: 735 Chris C. !Munoz
Page: 3 of 7 Pueblo Co.C1k.&Hec.
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
Book: 2729 Page: 736 Chris C. Munoz
Page: 4 of 7 Pueblo Co.Clk. &Rec.
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.
WALKING STICK U.S. LIMITED PARTNERSHIP
a Colorado limited par tnershipSubdivider
By
(S E A L) Dona S. Goldman, President of Holystone
Development Corporation,a Colorado
STATE OF COLORADO) Corporation, the sole general partner of
ss. Walking Stick U.S. Limited Partnership
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this
day of = r , 199 by Donald S. Goldman, Pres ident
Subdivider. of Holystone Development Corporatic
a Colorado Corporation, the sole
My commission expires: 6 general partner of Walking Stick
I
U.S.�Liimited Partnership
Notary Public
Address: 6 -;
CITY OF PUEBLO, a Municipal
Corporation
XT IIR
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
By k "-
Pre ictknt of the Council
The foregoing instrument was acknowledged before me this 28th
day of April , 199 by Joyce R. Lawrence
as President of the City Council, and Marian D. Mead
as
, ,,,City Clerk of the City of Pueblo, olorado.
mission expires:
y ti t9, 1994
o ry bI
;rg.1
Addr s:1 City Hall Place
Pueblo, CO 81003
S / O FORM:
City Attorney Page four of four
Book: 2729 Page: 737 Chris C. Munoz
Page: 5 of 7 Pueblo Co.C1k.&Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT " A "
A portion of the SW 1/4 of the SW 1/4 of Section 8, Township 20 South, Range
64 West of the 6th P.M. being more particularly described as follows:
Considering the South line of said Section 8 to bear N.88 ° - 45' -07 "E. and all
bearings contained herein being relative thereto.
Beginning at the Southwest corner of said Section 8; thence N.00 ° - 46'- 30 "E.,
along the West line of the said SW 1/4 of Section 8, a distance of 205.73
feet to the Southwest corner of Walking Stick Estates, Filing No. 1, A
Special Area Plan, according to the recorded plat thereof; thence along the
boundary of said subdivision the following nine (9) courses:
along the arc of a curve to the left whose center bears
N.03 ° - 50' -58 "W. and whose radius is 315 feet, a distance
thence Southerly, along the boundary of said Golf Course the following four
(4) courses:
1.
of 540.58
feet;
a distance
of
201.80
feet;
2.
N.12 ° - 10'-
37 "W.,
a distance
a
distance of
341.78
feet;
3.
N.77 ° - 49'-
23 "E.,
of
a
distance of
29.43
feet;
4.
along the
arc
of
a curve to the
left whose radius is 635
South line
feet, a distance
of
32.36 feet;
5.
N.67 ° - 22'-
03 "E.,
a
distance of
58.57
feet;
6.
along the
arc
of
a
curve to the
left
whose center bears
N.20 ° - 23'
-03 "W.
and
whose radius is 630 feet, a distance
of 88.86
feet;
7.
S.26 ° - 38'-
46 "E.,
a
distance of
49.98
feet;
8.
S.54 ° - 00'-
00 "E.,
a
distance of
158.47
feet;
9.
S.01 ° - 21'-
26 "E.,
a
distance of
40.84
feet to the West
boundary
line
of
Walkingstick
Golf
Course;
thence Southerly, along the boundary of said Golf Course the following four
(4) courses:
1.
S.01'- 21'-
26 "E.,
a distance
of
201.80
feet;
2.
S.22 ° - 47'-
34 "E.,
a distance
of
145.99
feet;
3.
S.02 ° - 07'-
44 "E.,
a distance
of
244.82
feet;
4.
S.27 ° - 04'-
34 "E.,
a distance
of
244.54
feet to the said
South line
of Section 8;
thence S.88 ° - 45'- 07 "W., along said South line, a distance of 746.06 feet to
the Point of Beginning.
Containing 9.019 acres.
Book: 2729 Page: 738 Chris C. Munoz
Page: 6 of 7 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: VILLAS AT WALKING STICK
DEVELOPER: WALKING STICK U.S. LIMITED PARTNERSHIP
ENGINEER: KLH ENGINEERING CONSULTANTS INC.
ASPHALT
5" Full Depth on Compacted
Subgrade - 5054 SY @ $13.50/SY = $68,229.
TYPE 2 C &G:
198 LF @ $7.50 LF = 1,485.
6" WIDE x 12" DEEP CONCRETE "CURB "
3890 LF @ $7.00 LF = 27,230.
3' WIDE CONCRETE PAN
2018 LF @ $10.50 /LF = 21,189.
SANITARY SEWER- PRIVATE
8" PVC: 1348 LF @ $19.00 /LF = 25,612.
48" Manhole: 0' -12' 5 EA @ $1200 /EA = 6,000.
Services: 49 EA @ $800.00 EA = 39,200.
WATER- PRIVATE
8" PVC: 286 LF @ $14.00 /LF = 4,004.
8" Gate Valve: 1 EA. @ $600.00 /EA = 600.
Fire Hydrant Assembly (from main to FH):
2 EA @$2300.00 /EA = 4,600.
Permanent Blow -off: 1 EA @$650.00 /EA = 650.
WATER - PUBLIC
12" PVC: 1130 LF @ $21.00 /LF - $23,730.
12" Gate Valve: 2 EA @ $1050.00 /EA - 2,100.
Services: 49 EA @ $600.00 /EA = 29,400.
Tap Exist. 16" AC: 1 EA @ $1500 /EA = 1,500.
Crossing @ 30" water line: 1 EA @$4500.00 /EA = 4,500.
2 -1" Combination Air Release Valve:
1 EA @ $2200 /EA = 2,200.
STORM SEWER - PRIVATE (TURNBERRY CRESCENT
15"
Poly:
10 LF @ $24.00 /LF
= $ 240.
18"
Poly:
378
LF @
$27.50/LF
- 10,285.
24"
Poly:
140
LF @
$35.00 /LF
= 4,235.
30"
Poly:
386
LF @
$50.00 /LF
= 19,200.
Type
"S"
Inlet,
L =6':
2 EA @ $1800.00 /EA
= 3,600.
Type
1 -A
MH: 2
EA.
@ $1200.00 /EA
- 2,400.
Type
1 -13
MH: 1
EA.
@ $1420.00/EA
= 1,420.
STORM SEWER - PRIVATE (Along Golf Course Boundrv)
15" Poly Pipe: 196 LF @ $24.00 /LF - 4,704.
DROP INLET: 2 EA @ $2000.00 /EA = 4,000.
STREET LIGHTS: (Private)
15 EA @ $1100.00 /EA
16,500.
This is an estimate only. Actual Construction costs may vary.
This estimate may not include all construction costs.
PREPARED BY: J. WILKERSON
FI
REVIEWED BY:
City of Pueblo
4/94
DATE
DATE
1 of 2
Book: 2729 Page: 739 Chris C. Munoz
Page: 7 of 7 Pueblo Co.C1k.&Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: VILLAS AT WALKING STICK
DEVELOPER: WALKING STICK U.S. LIMITED PARTNERSHIP
ENGINEER: KLH ENGINEERING CONSULTANTS INC
EARTHWORK:
(INCLUDED IN EXHIBIT "B" FOR WALKING STICK
ESTATES, FILING NO.1) = 0.
TOTAL = $328,813.
This is an estimate only. Actual Construction costs may vary. This
estimate may not include all construction costs.
PREPARED BY: J. WILKERSON 4/94
DATE
FIRM KLH ENGINEERING CONSULTANTS INC.
REV I EWED BY • ZLZ
City of Pueblo 1 DATE
9210001.501
2of2
Reception 1042949
04/29/1994
RATIFICATION OF PLAT
FOR VALUE RECEIVED, the Colorado State Board of Agriculture, a university
governing board established pursuant to the laws and Constitution of the State of Colorado,
acting by and through its duly appointed attorney -in -fact, the University of Southern Colorado,
an institution of higher education established pursuant to the laws and Constitution of the State
of Colorado, ratifies and consents to the subdivision of the land shown on the Subdivision Plat
recorded in Plat Book Z 7Z 9 at Page 7 Z 9 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 April, 1994.
COLORADO STATE BOARD OF AGRICULTURE, a
university governing board established pursuant to the laws
and Constitution of the State of Colorado, acting by and
through its duly appointed attorney -in -fact, the University
of Southern Colorado, an institution of higher education
established pursuant to the laws and Constitution of the
State of Colorado
Y
Dr. Robert C. Shirley, President of
the University of Southern Colorado
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this �) Y day of April, 1994
by Dr. Robert C. Shirley, President of the University of Southern Colorado, an institution of
higher education established pursuant to the laws and Constitution of the State of Colorado,
acting as the duly appointed attorney -in -fact for the Colorado State Board of Agriculture, a
university governing board established pursuant to the laws and Constitution of the State of
S my hand and official seal.
O F Co,
Expires:
Notary Public