HomeMy WebLinkAbout05858Reception 1039025
03/28/1994
ORDINANCE NO. 5858
AN ORDINANCE APPROVING THE PLAT OF CARRUTH SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION 1.
The final plat of Carruth Subdivision, being a
Subdivision of land legally described as follows:
A certain parcel of land located in the SE 1/4
of Section 13, Twp. 20 South, Range 65 West of
the 6th P.M., and more particularly described
as follows:
Commencing at the Northwest corner of the SW 1/4
of the SE 1/4 of said Section 13; thence S. 0 -31-
20 E., along the North -South centerline of said
Section 13, a distance of 374.80 feet to the true
point of beginning; thence continuing S. 0 -31 -20 E.
along the North -South centerline of said Section,
a distance of 282.50 feet to the southwest corner
of the NW 1/4 of the SW 1/4 of the SE 1/4 of said
Section 13, thence N. 89 -08 -20 E. along the South
line of the NW 1/4 of the SW 1/4 of the SW 1/4 of
said Section 13, a distance of 310.01 feet; thence
N. 0 -31 -20 W., a distance of 127.53 feet; thence
N. 89 -28 -40 E., a distance of 298.00 feet, to a
point on the West line of Elizabeth Street; thence
N. 0 -31 -40 W., and along the West line of Elizabeth
Street, a distance of 152.10 feet; thence S. 89 -28-
40 W., a distance of 607.99 feet to the true point
of beginning, containing 3.054 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
Book: 2721 Page: 862 Chris C. Munoz
" Page: 2 of 2 Pueblo Co.C1k.&Rec.
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 agree-
ment entered into pursuant thereto.
SECTION 3.
This ordinance shall become effective immediately
upon final passage and approval.
'a Lot �
. .
ATTEST: -
ity Clerk
INTRODUCED February 14, 1994
BY CHARLES JONES
Councilperson
APP
1/28/94
Reception 1039026
03/28/1994
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this��ay of EBKlu9Zf 1997 , by and
between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City ", and
Ann Carruth
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
Carruth Subdivision, wishes to enter into the 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 of 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 alterative 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, sidewalk and paving from the edge of the subdivision of
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 improvements 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 barricade 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 construction 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 any 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.
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Book: 2721 Page: 864 Chris C. Munoz
Page: 2 of 5 Pueblo Co.C1k.&Rec.
5. The City may treat the amount o
Subdivider or subsequent owner, which debt
Subdivision and notice of lien may be filed
and Recorder at any time after such default.
the City within six (6) years from the date
provided for herein are cumulative and the use
f such deposit as a debt due the City from
shall be a lien upon all the land in the
for record in the office of the County Clerk
Action upon such debt may be instituted by
of filing such lien for record. All remedies
e 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
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 restriction on the issuance of certificates 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 an 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.
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
improvements 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 therefor.
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.
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. Upon recording of the certificate
of compliance referred to in paragraph 7 hereof, this Agreement shall be fully complied with
and no longer an encumbrance upon the property described in Exhibit "A ".
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Book: 2721 Page: 865 Chris C. Munoz
Page: 3 of 5 Pueblo Co.C1k.&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.
Ann Carruth
Subdivider
By_ L;Z� —
(S E A L)
STATE OF COLORADO)
COUNTY OF PUEBLO )
)ss
c'foregoing instrument was acknowledged before me this &M day of
'
199q by ANK Carry 4l l Subdivider.
�M� , t(mmission expires:
(S- E tA"_I) Notary Pub c
Z " j Address:
s
e..
k�
CITY OF PUEBLO, a Municipal Corporation
By
The foregoing instrument was acknowledged before me this0!_ day of
199 T', by Joyce R. Lawrence as President of City
Council, and Marian. D. Mead as City Clerk of the City of PuebA Colorado.
A
+ ,rl�T'leb "ifri expires: May 29, 1994
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Ord ,....••o e ,.��
APPROVED AS TO FORM:
City,.—Attorney
-3-
- Pmare s s
1 City Hall Place
Pueblo, CO 81003
,/
COUNTY OF PUEBLO )
Book: 2721 Page: 866 Chris C. Munoz
Page: 4 of 5 Pueblo Co.Clk.&Aec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT A
LEGAL DESCRIPTION
SUBDIVISION NAME: CARRUTH SUBDIVISION
DEVELOPER: ANN CARRUTH
ENGINEER: CLYDE B. YOUNG & ASSOCIATES
A certain parcel of land located in the S.E. 1/4 of Section 13, Township
20 South, Range 65 West of the 6th P.M. and more particularly described
as follows:
Commencing at the Northwest corner of the S.W. 1/4 of the S.E. 1/4 of
said Section 13; thence S. 0 -31 -20 E., along the North -South centerline
of said Section 13, a distance of 374.80 feet; to the true point of
beginning; thence continuing S. 0 -31 -20 E., along the North -South
centerline of said Section, a distance of 282.50 feet, to the southwest
corner of the N.W. 1/4 of the S.W. 1/4 of the S.E. 1/4 of said Section
13, thence N. 89 -08 -20 E. along the South line of the N.W. 1/4 of the
S.W. 1/4 of the S.W. 1/4 of said Section 13, a distance of 310.01 feet;
thence N 0 -31 -20 W., a distance of 127.53 feet; thence N. 89 -28 -40 E., a
distance of 298.00 feet, to a point on the West line of Elizabeth Street;
thence N. 0 -31 -40 W., and along the West line of Elizabeth Street a
distance of 152.10 feet; thence S 89 -28 -40 W., a distance of 607.99 feet
to the true point of beginning: containing 3.054 acres.
Book: 2721 Page: 867 Chris C. Munoz
Page: 5 of 5 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT B
SUBDIVISION NAME: CARRUTH SUBDIVISION
DEVELOPER: ANN CARRUTH
ENGINEER: CLYDE B. YOUNG & ASSOCIATES
DRAINAGE:
Outlet Structure
Transport
Detention Pond
Grass Swale
CONCRETE TRENCH
conc. delivery
labor
secured grate
concrete curb
paved swale
seeding
silt fence
garden hose
sprinkler
SUB TOTAL
10% CONTINGENCY
GRAND TOTAL
Units
Quantity
Per Unit
TOTAL COST
ea.
1
$1500.00
$1500.00
ea.
1
250.00
$ 250.00
Acre
0.22
$20000.00
$4400.00
Acre
0.10
$20000.00
$2000.00
Cu. Yds.
0.60
$90.00
$90.00
Man hrs.
32
$15.00
$480.00
ea
6
$60.00
$360.00
Lin. Ft.
310
$7.00
$2170.00
Sp. Yd.
690
$9.00
$6210.00
Sq. Ft.
16,600
$0.08
$1328.00
Lin. Ft.
30
$2.50
$75.00
Lin. Ft.
200
$0.10
$20.00
ea
1
$10.00
$10.00
PREPARED BY CLYDE B. YOUNG
FIRM CLYDE B. YOUNG & ASSOCIATES
$18893.00
$1889.30
$20782.30
Date
REVIEWED BY a -3 Z1S �f e
City of Pueblo Date