HomeMy WebLinkAbout05883Reception 1053818
08/18/1994
ORDINANCE NO. 5883
AN ORDINANCE APPROVING THE PLAT OF REGENCY PARK
BUSINESS CENTER FILING NO. 2 SUBDIVISION,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION 1.
The final plat of Regency Park Business Center Filing
No. 2, being a subdivision of land legally described as
follows:
All of Lots 6 and 7 and a portion of Lots 3, 4,
5 and 8, Block 15 in Regency Park 5th Filing,
according to the recorded plat thereof, filed
for record February 9, 1977 and being more
particularly described as follows:
Beginning at the Northwest corner of said Block
15, thence along the boundary of said Block 15
the following two (2) courses:
1. S.87 0 07 1 21 "E., a distance of 496.71 feet;
2. S.03 0 19'57 "W., a distance of 78.00 feet to
the Northernmost corner of Regency Park
Business Center, according to the recorded
plat thereof, filed for record May 9, 1983,
thence along the boundary of said Regency Park
Business Center the following eight (8) courses:
1. S.08 0 18'08 "W., a distance of 138.52 feet;
2. S.03 0 19'57 "W., a distance of 230.24 feet;
3. along the arc of a curve to the right whose
radius is 50 feet, a distance of 78.54 feet;
4. N.86 0 40'03 "W., a distance of 68.00 feet;
5. along the arc of a curve to the right whose
radius is 20 feet, a distance of 31.42 feet;
6. N.86 0 40'03 "W., a distance of 50.00 feet;
7. S.03 0 19'57 "W., a distance of 20.00 feet;
8. N.86 0 40 1 03 "W., a distance of 279.89 feet to
the West line of said Block 15,
thence N.01 °22 "E., along said West line a
distance of 492.58 feet to the point of beginning,
containing 5.407 acres,
Boot: 2751 Page: 734 Chris C. NUD02
Page: 2 of 2 Pueblo Co.Clk -066.
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 agree-
ment entered into pursuant thereto.
SECTION 3.
This ordinance shall become effective immediately upon final
passage and approval.
t
INTRODUCED July 11 , 1994
By SAMUEL CORSENTINO
Councilperson
APPROVED
e dent of the Council
6/27/94
Reception 1053819
08/18/1994
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this 2 5 � day of J UL Y of 1994,
by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as
"City ", and J V R C. INC., a Colorado Corporation ,
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 Subd i v i der, as a cond i t i on of approva 1 of the f i na 1 p 1 at of RECENCY PARK
BUS I NESS CENTER, F I L I NQ NO. 2 , w i shes to enter i nto th i s Subd i v i s i on I mprovements 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(1) 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 X1 I 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 alt 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 al l or any port ion thereof to the City upon demand after the t ime for comp 1 et ion of a 11
requ i red 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 camputed by the City's Director of Public Works
by estimating the total costs of al l unco mp 1 eted 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, 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 uncarp 1 eted 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 traf f i c
sha 11 be permitted beyond the point to which the estimate of the Director of Pub 1 i c 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 i ssuance of a cert i f i cate of occupancy for any such bu i 1 d i ng or structure, wh i chever
is sooner, Subdivider shall likewise deposit an amount not less than the estimate of the
Director of Pub 1 i c Works for al l requ i red 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.
-1-
Boot: 2751 Page: 736 Chris C. Munoz
Page: 2 of 5 Pueblo Co.Clk.&Bec.
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 1 ien may be f i led for record in the off ice of the County Clerk and
Recorder at any time after such defau 1 t . Action upon such debt may be instituted by the City
within six (6) years from the date of f i 1 ing such 1 ien for record. Al 1 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(1) 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 comp 1 i ance has been approved and issued by the City Director of Public Works
and duly recorded in the Off ice of the Pueblo County Clerk and Recorder which certif ies that
those public improvements set forth in Exhibit "B" or that
to total serves portion of said improvements as
shall be necessary Y s pecific lot(s) or block(s) for which building permits
or cart i f i cates of occupancy are sought and wh i ch are covered by a part icu 1 ar cert i f i cate of
camp 1 i ance, have been proper 1 des i gned, engi neered, constructed, and accepted as meeting the
spec i f i cat ions and standards of the City.
These restrictions on the issuance of cert i f icates of occupancy shal 1 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 publ is improvements for maintenance by the City. Unti 1 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 respons ibi 1 ity
of the Subdivider or any subsequent owner(s) of the land within this Subdivision.
9. The requ i red time for coup 1 etion of all such improvements by Subdivider within such
block shal 1 be one (1) year frarn the date of application for the f i rst building permit issued
within such block. Upon coop 1 et ion and written approval and acceptance of such improvements
within the requ i red time and the payment of al l 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 camp 1 eted within the requ i red
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 Pub 1 i c Works shal l cause al 1 col lateral
or monies in escrow to be reduced in cash and shall deposit the same with the Director of
Finance and such cash shal l 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
front i ng or abutt i ng upon the street wh i ch the proposed bu i 1 di ng 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 fram 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 Pueblo County, Colorado, and shall constitute an agreement running with
the land until released as hereinabove set forth.
-2-
Book: 2751 Page: 737 Chris C. Munoz
Page: 3 of 5 Pueblo Co.C1k.&ReC.
1N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
and attested by its duly author i zed and acting officers and the seal of the
Subdivider set hereon.
J V R C, INC.
a Colorado Corporation
now known as
VINTAGE DEVELOPMENT COMPANY
a Colorado Coporation
Sub der
Edward . Robi ice ent
(SEAL )
STATE OF COLORADO )
) ss.
COUNTY OF ) Lori L. Kurtz, S story
The foregoing instrument was acknowledged before me this , `W'� - day
of TU l 1994, by Edward L. Robinson Vice-President and Lori L.
DEVELOPMENT COMPANY, a Colorado Corporation, Subdivider.
My cammission expires:
STA
COUNT OF PUEBLO
ss:
Notary P6b lic
A ddress: I F - t fv
CI OF PUI$LO i c i pal Corparat i on
By
a
President of the Council
The foregoing instrument fwas acknowledged before me this 1 lth day of _
August 199A by Joyce R. Lawrence as President of City
Counci and Marian D. Mead as City Clerk of the City of Pueblo,
Colorado.
'My commission expires: 5/2/95
APPROVED AS TO FORM:
Notary Public
Address: #1 City Hall Place
Pueblo, CO 81003
Ci Attorney
mm
Boot: 2751 Page: 738 Chris C. Nuns
Page: 4 of 5 Pueblo Co.Clt.&Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
All of Lots 6 and 7 and a portion of Lots 3,4,5 and 8, Block 15 in
Regency Park 5th Filing, according to the recorded plat thereof,
filed for record February 9, 1977 and being more particularly
described as follows:
Beginning at the Northwest corner of said Block 15; thence along
the boundary of said Block 15 the following two (2) courses:
1. S.87 ° 07'21 "E., a distance of 496.71 feet;
2. S.03 ° 19'57 "W., a distance of 78.00 feet to the
Northernmost corner of Regency Park Business Center,
according to the recorded plat thereof, filed for record
May 9, 1983,
thence along the boundary of said Regency Park Business Center the
following eight (8) courses:
1.
S.08 ° 18'08
"W., a distance of 138.52 feet;
2.
S.03 ° 19'57
"W., a distance of 230.24 feet;
3.
along the
arc of a curve to the right whose radius is 50
feet, a
distance of 78.54 feet;
4.
N. 86 ° 40'03
"W., a distance of 68.00 feet;
5.
along the
arc of a curve to the right whose radius is 20
feet, a
distance of 31.42 feet;
6.
N.86 ° 40'03
"W., a distance of 50.00 feet;
7.
S.03 ° 19'57
"W., a distance of 20.00 feet;
8.
N.86 °40'03
"W. , a distance of 279.89 feet to the West line
of said
Block 15;
thence
N.01 ° 22'39 "E.,
along said West line, a distance of 492.58
feet to
the Point
of Beginning.
Containing
5.407 acres.
Book: 2751 Page: 739 Chris C. Munoz
Page: 5 of 5 Pueblo Co.C1k.6Bec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: REGENCY PARK BUSINESS CENTER, FILING NO 2
DEVELOPER: J V R C. INC.
ENGINEER: KLH ENGINEERING CONSULTANTS INC
DEMOLITION /FINE GRADING:
6" STD. CURB & GUTTER:
CURB RETURN /SQUARE PAN:
CONCRETE CROSS PANS:
ASPHALT:
WATER
8" PVC:
Services:
STORM
Type "S" Inlet, L = 10':
STREET LIGHTS:
MONUMENTS:
Lump
Sum
= $2,000.
974.86 LF
@
$7.50 /LF
= 7,311.
2 EA
@
$400 /EA
= 800.
256 SF
@
$3.50 /SF
= 896.
1765.08 SY
@
$13.50/SY
= 23,829.
502.49 LF @ $25.00 /LF = 12,562.
6 EA @ $400 /EA = 2,400.
1 EA @ $2400 /EA = 2,400.
2 EA @ $1300 /EA = 2,600.
5 EA @ $450 /EA = 2,250.
TOTAL $ 57,048.
This is an estimate only. Actual Construction costs may vary.
This estimate may not include all construction costs.
PREPARED BY: J. WILKERSON 6/6194
DATE
FIRM KLH ENGINEERING CONSULTANTS._ INC.
REV I EWED BY: 7`' 2f/- 9 ;_
OK '� '�),r City of Pueblo DATE
8210001.351