HomeMy WebLinkAbout05869Reception 1049971
07/08/1994
ORDINANCE NO. 5869
AN ORDINANCE APPROVING THE PLAT OF PUEBLO
METRO - CENTER MALL FILING NO. 3 SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The final plat of Pueblo Metro - Center Mall Filing No. 3,
being a subdivision of land legally described as follows:
All of Block 32 and portions of Blocks 29, 30, 31,
39 and 40 and the vacated streets and alleys adja-
cent thereto, in Columbia Heights, according to the
recorded plat thereof, filed for record May 23, 1888,
and being more particularly described as follows:
Beginning at the Southwest corner of Lot 1, Block 1,
in Pueblo Metro - Center Mall Filing No. 2, a Special
Area Plan, according to the recorded plat thereof,
being a point on the Centerline of vacated Eiler
Avenue, as platted in said Columbia Heights; thence
along the boundary of said Pueblo Metro - Center Mall
Filing No. 2, the following two (2) courses:
1. S.89 29'- 00 "E., a distance of 826.16 feet;
2. 5.00 31'- 00 "W., a distance of 911.99 feet to
the North line of a parcel of land as described
in Book 2279 at Page 299 of the Pueblo County
Records;
thence Westerly, along said North line, the following
two (2) courses:
1. S.88 14 00 "W., a distance of 303.04 feet;
2. N.88 32 00 "W., a distance of 24.34 feet to the
Northeast corner of Starlite Hills, 5th Filing,
according to the recorded plat thereof, filed
for record January 13, 1976;
thence N.89 36' -55 "W. (S.89 °- 59'- 41 "W., Plat), along
the North boundary line of said Starlite Hills, 5th
Filing, a distance of 499.03 feet to the said Center-
line of vacated Eiler Avenue; thence N.00 °- 31'- 00 "E.,
along said Centerline, a distance of 924.81 feet to
the point of beginning, containing 17.496 acres,
i
Book: 2743 Page: 981 Chris C. Munoz
Page: 2 of 2 Pueblo Co.C1k.&Rec.
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
INTRODUCED May 9 , 1994
passage and approval.
ATTEST:
A vYlaA.1,1�. i
City Cle
Councilperson
APPROV
sident of the Council
4/27/94
Reception 1049972
07/08/1994
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this day of
1994 , by and between the CITY OF PUEBLO,
a Municipal 2 1 " o poration, hereinafter referred to as "City," and
COLUMBIA HEIGHTS, LTD., a Colorado Limited 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 area plan
final plat of PUEBLO METRO - CENTER MALL, FILING NO. 3, A SP ECIAL 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 -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,
4
Page one of four
Book: 2743 Page: 983 Chris C. Munoz
Page: 2 of 6 Pueblo Co.C1k.&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: 2743 Page: 984 Chris C. Munoz
Page: 3 of 6 Pueblo Co.Clk. &Rec.
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: 2743 Page: 985 Chris C. Munoz
Page: 4 of 6 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.
COLUMBIA HEIGHTS, LTD.,
a Colorado Limited Partnersh Subdivider
(S E A L) Thomas E. Hausman, General Partner
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this
1 971+ day of rn , 199 by Thomas E. Hausman, Gener Partner
of COLUMBIA HEIGHTS, LTD., Subdivider,
a Colorado Limited Partnership
My commission expires:
i
O
O F GO
Notary Publid/
Address: Wpl--b
Lo �+
CITY OF PUEBLO, a Municipal
Corporation
W WR% - '� -� -1 1
h
G
a
STA T� ' COLORADO )
) ss.
COUNTY OF PUEBLO )
T e regoing instrument was acknowl
day of 199 b
of the City Council, and
City' of the City of Pueblo, olora(
t1 sign expires:
a
Address
!l.5••..M• ,.�
APPROVED AS TO FORM:
City Attorn Page four of four
bef me (hA _Z
Book: 2743 Page: 986 Chris C. Munoz
Page: 5 of 6 Pueblo Co.Clk. &Rec.
All of Block 32 and portions of Blocks 29, 30, 31, 39 and 40 and
the vacated streets and alleys adjacent thereto, in Columbia
Heights, according to the recorded plat thereof, filed for record
May 23, 1888, and being more particularly described as follows:
Beginning at the Southwest corner of Lot 1, Block 1 in Pueblo
Metro - Center Mall, Filing No. 2, a Special Area Plan, according to
the recorded plat thereof, being a point on the Centerline of
vacated Eiler Avenue, as platted in said Columbia Heights; thence
along the boundary of said Pueblo Metro - Center Mall, Filing No. 2,
the following two (2) courses:
1. S.89 ° - 29'- 00 'E., a distance of 826.16 feet;
2. S.00 31'- 00 "W., a distance of 911.99 feet to the North
line of a parcel of land as described in Book 2279 at
Page 299 of the Pueblo County Records;
thence Westerly, along said North line, the following two (2)
courses:
1. S.88'- 14'- 00 "W., a distance of 303.04 feet;
2. N.88'- 32'- 00 "W., a distance of 24.34 feet to the
Northeast corner of Star 1 i to H i 1 1 s, 5th F i l i ng, accord i ng
to the recorded plat thereof, filed for record January
13, 1976;
thence N.89'- 36' -55 "W. (S.89 °- 59'- 41 "W., Peat), along the North
boundary l i n e of said Star l i to Hills, 5th Filing', a distance of
499.03 feet to the said Centerline of vacated Eiler Avenue; thence
N.00'- 31'- 00 "E., along said Centerline, a distance of 924.81 feet
to the Point of Beginning.
Containing 17.486 acres.
Book: 2743 Page: 987 Chris C. Munoz
Page: 6 of 6 Pueblo Co.C1k.&Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
PUEBLO METRO CENTER
SUBDIVISION NAME: A SPECIAL AREA PLAN
DEVELOPER: COLUMBIA HEIGHTS LTD.
MALL FILING NO.
3,
ENGINEER: KLH ENGINEERING CONSULTANTS INC.
Services:
SURFWOOD LANE
Services:
2
EA
@
STREET
= 1,000.
WATER
10,000 CY
@ $1.50
Cuts in Street
Water Tie in to
$ 126,987.
(Services, Watermain):
81 LF
@
$30.00 /LF
= $ 2,430.
1" Overlay
EA
@
$3,000 /EA
= 3,000.
(@ Services, Watermain):
107 SY
@
$6.00 /SY
= 642.
R & R Curb & Gutter
Services:
2
EA
@
(@ Services):
40 LF
@
$15.00 /LF
= 600.
Drive Cut:
1 EA
@
$2000 /EA
= 2,000.
6'Conc. Sidewalk:
837 LF
@
$12 /LF
= 10,044.
SANITARY SEWER
832 LF
@ $14.00 /LF
= 11,648.
Services:
10 EA
Services:
2
EA
@
$500 /EA
= 1,000.
WATER
10,000 CY
@ $1.50
- 15.000.
Water Tie in to
$ 126,987.
This is an estimate
only. Actual
Construction Costs
may vary.
Exist Main:
1
EA
@
$3,000 /EA
= 3,000.
8" Gate Valve:
1
EA
@
$600 /EA
= 600.
Services:
2
EA
@
$400 /EA
= 800.
STREET LIGHT
1
EA
@
$1100 /EA =
1,100.
MONUMENTS
2
EA
@
$450 /EA =
900.
PARCEL A (PRIVATE ROAD)
STREET
6" Curb & Gutter:
1118
EA
@
$7.50/
= 8,385.
Asphalt:
1863.3
SY
@
$13.50/SY
= 25,155.
Cuts in Asphalt:
550
LF
@
$30.00 /LF
= 16,500.
SANITARY SEWER
8" PVC:
743.86
LF
@
$19.00 /LF
= 14,133.
48" Manholes, 0 -12':
2
EA
@
$1200 /EA
= 2,400.
Services:
12
EA
@
$500 /EA
= 6,000.
WATER
8" PVC:
832 LF
@ $14.00 /LF
= 11,648.
Services:
10 EA
@ $400 /EA
= 4,000.
Permanent Blow -Off:
1 EA
@ $650 /EA
= 650.
EARTHWORK
10,000 CY
@ $1.50
- 15.000.
TOTAL
$ 126,987.
This is an estimate
only. Actual
Construction Costs
may vary.
This estimate may not
include all construction costs.
PREPARED BY: J. WILKERSON
FIRM KLH ENGINEERING CONSULTANTS, INC.
REVIEWED BY:
City of Pueblo
0 K ���
5/20/94
DATE
6-1-9
DATE