HomeMy WebLinkAbout05895Reception 1056354
09/14/1994
AN ORDINANCE APPROVING THE PLAT OF BLAZER SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION 1.
The final plat of Blazer Subdivision, being a sub-
division of land legally described as follows:
Two parcels of land located in the SW 1/4 of
Section 31, Township 20 South, Range 64 West of
6th P.M., County of Pueblo, State of Colorado more
particularly described as follows:
Parcel 1:
Beginning at a point on the Easterly line of Santa
Fe Avenue 3.75 feet North of the line between Lots
18 and 19, Block 2 in Moore's Subdivision; thence
Northerly along said Easterly line of Santa Fe Avenue
101.25 feet to a point 5.00 feet North of the line
between Lots 15 and 16, Block 2 of said Moore's Sub-
division; thence Easterly at right angles to said
East line of Santa Fe Avenue 400.00 feet; thence
Northerly at right angles 74.60 feet to a point on
the Southerly right of way line of A.T. & S. F. R.R.
Co; thence Southeasterly at a angle of 127 deg. 20
min. right along said A.T. & S.F. R.R. Co. 33.70 feet
to the P.C. of a curve to the left having a radius
of 2914.9 feet; thence Southeasterly along said A.T.
& S.F. R.R. Co. right of way on a curve of 2914.9
feet radius to the left 807.45 feet to the inter-
section of the Southerly right of way line of the
A.T. & S.F. R.R. Co. with the Northerly right of
way line of the D. & R.G.W. R.R. Co; thence South-
westerly along said Northerly right of way line of
the D. & R.G.W. R.R. Co. 502.50 feet, thence North-
westerly at right angles along said D. & R.G.W. R.R.
Co. right of way line 20.00 feet; thence Westerly
along said D. & R.G.W. R.R. Co. right of way on a
curve to the right having a radius of 478.34 feet
246.50 feet; thence North and parallel to the
Easterly line of said Santa Fe Avenue 381.05 feet;
thence Westerly at right angles 400.00 feet to the
point of begining.
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Book: 2756 Page: 915 Chris C. Munoz
Page: 2 of 3 Pueblo Co.Clk. &Rec.
Parcel 2:
Beginning at a point on the East line of Santa Fe
Avenue 504.50 feet North of the intersection of the
East line of said Santa Fe Avenue with the North
line of the right of way of the Denver and Rio
Grande Railroad and being the Northwest corner of
the tract of ground conveyed to the National Broom
Manufacturing Company as recorded in Book 589,
Page 549, of the Pueblo County records; thence
North along the East line of said Santa Fe Avenue
100.00 feet; thence East and parallel with the
North line of said Broom Co. Tract 400.00 feet;
thence South and parallel with the East line of
said Santa Fe Avenue to the North line of the
right of way of the present spur track of said
railroad.; thence Westerly along the North line
of said spur track of said to the East line of
the said. Broom Co. tract; thence North along the
East line of said Broom Co. tract to the North-
east corner thereof; thence West along the North
line of said Broom Co. tract 300.00 feet to the
East line of said Santa Fe Avenue and the point
of beginning, containing 7.28 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 agree-
ment entered into pursuant thereto.
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Book: 2756 Page: 916 Chris C. Munoz
Page: 3 of 3 Pueblo Co.Clk. &Aec.
This ordinance shall become effective immediately
upon final passage and approval.
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A.TTFST: Cp s
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. C tyP* le c
INTRODUCED August 8 , 1994
By JOHN CALIFANO
Councilperson
APPROVED
Y e dent of the Council
7/25/94
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Reception 1056355
09/14/1994
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this 24th day of August 199 4
by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City ", and
Michael Blazer, President, Blazer Electric Supply Company of Pueblo
hereinafter referred to as "Subdivider".
WITNESSETH:
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 Blazer Subdivision
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 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 s te. 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 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.
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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 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 property
designed, engineered, constructed, and accepted as meeting the specifications and standards of the City.
These restrictions 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 and accepted in writing by the City Director of Public Works, and, 'f 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.
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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.
(SEAL)
By 4 �A�� - 7
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STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
tt ,It i iiWl ,..
The foregoing instrument was acknowledged before me this _day 0 13 4 p
of , 199 , by k1Cjn6n L o'sp V' , Subdtb ic:' e rr"
My commission expires:
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(S E A L) Addres G31 L-aLe flh(�tG
`Rtk/6[0 1 0 t (�3 ( 9b 4-
COUNTY OF PUEBLO
The foregoing instrument was
of 199
Council, an y aL
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. •. y'F t�1 A Cs;, �bq, expires:
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F .. F.
APPROVED AS TO FORM:
Michael Blazer, Pre.Gident, Bla. r Electric Supply Comp of Pueblo
Subdivider
L 9 YA
day
b as President of City
24�-- City Clerk of the City of Pueblo, Colorado.
6 1319
f*5iary P bli
Address:
City Attorr y
CITY OF PUEBLO, a Municipal Corporation
i
By
President of the Council
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Book: 2756 Page: 919 Chris C. Munoz
Page: 3 of 5 Pueblo Co.C1k.&Rec.
EXHIBIT "A"
Two parcels of land located in the SW 1/4 of Section 31,
Township 20 South, Range 64 West of the Sixth Principal
Meridian and a portion of Lot 15 and all of Lots 16 thru 21,
Block 2, and a portioh of the vacated alley adjoining Block
2, Moores Subdivision, County of Pueblo, State of Colorado,
being more particularly described as follows:
PARCEL 1:
BEGINNING at a point on the Easterly line of Santa Fe Avenue
3.75 feet North of the line between Lots 18 and 19, Block 2
in Moore's Subdivision; thence Northerly along said Easterly
line of Santa Fe Avenue 101.25 feet to a point 5.00 feet
North of the line between Lots 15 and 16, Block 2 of said
Moore's Subdivision; thence Easterly at right angles to said
East line of Santa Fe Avenue 400.00 feet; thence Northerly
at right angles 74.60 feet to a point on the Southerly right
of way line of A.T. & S.F. R.R. Co; thence Southeasterly at
a angle of 127 deg. 20 min. right along said A.T. & S.F.
R.R. Co. 33.70 feet to the P.C. of a curve to the left
having a radius of 2914.9 feet; thence Southeasterly along
said A.T. & S.F. R.R. Co. right of way on a curve of 2914.9
feet radius to the left 807.45 feet to the intersection of
the Southerly right of way line of the A.T. & S.F. R.R. Co.
with the Northerly right of way line of the D. & R.G.W. R.R.
Co; thence Southwesterly along said Northerly right of way
line of the D. & R.G.W. R.R. Co. 502.50 feet; thence
Northwesterly at right angles along said D. & R.G.W. R.R.
Co. right of way line 20.00 feet; thence Westerly along said
D. & R.G.W. R.R. Co. right of way on a curve to the right
having a radius of 478.34 feet 246.50 feet; thence North and
parallel to the Easterly line of said Santa Fe Avenue 381.05
feet; thence Westerly at right angles 400.00 feet to the
POINT OF BEGINNING. Said parcel contains 5.81 Acres.
PARCEL 2:
BEGINNING at a point on the East line of Santa Fe Avenue
504.50 feet North of the intersection of the East line of
said Santa Fe Avenue with the North line of the right of way
of the Denver and Rio Grand Railroad and being the Northwest
corner of the tract of ground conveyed to the National Broom
Manufacturing Company as recorded in Book 589, Page 549, of
the Pueblo County records; thence North along the East line
of said Santa Fe Avenue 100.00 feet; thence East and
parallel with the North line of said Broom Co. Tract 400.00
feet; thence South and parallel with the East line of said
Santa Fe Avenue to the North line of the right of way of the
present spur track of said Railroad; thence Westerly along
the North line of said spur track of said to the East line
of the said Broom Co. tract; thence North along the East
line of said Broom Co. tract to the Northeast corner
thereof; thence West along the North line of said Broom Co.
tract 300.00 feet to the East line of said Santa Fe Avenue
and the POINT OF BEGINNING. Said parcel contains 1.46 Acres.
TOTAL ACREAGE: 7.27
Book: 2756 Page: 920 Chris C. Munoz
Page: 4 of 5 Pueblo Co.C1k.&Rec.
Book: 2756 Page: 921 Chris C. Munoz
Page: 5 of 5 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: BLAZER SUBDIVISION
DEVELOPER: MIKE BLAZER, PRESIDENT BLAZER ELECTRIC SUPPLY COMPANY
ENGINEER: CLYDE B. YOUNG & COMPANY
UNITS QUANTITY UNIT COST TOTAL COST
A. DRAINAGE
outlet struc. ea.
1
$1,500.00
$1,500.00
transport ea.
1
$250.00
$250.00
detention pond Acre
0.25
$20,000.00
$5,000.00
grass swale Acre
0.02
$20,000.00
$ 400.00
410 l.f. 1 -1/4" Sch. 80 PVC
410
$2.00
$ 820.00
"BARNES" grinder pump
1
$1,778.00
$1,778.00
Cut & repair existing inlet
1
500.00
$ 500.00
SUB TOTAL $10,248.00
2.75% BOND $281.82
10% CONTINGENCY $1,024.80
GRAND TOTAL $11,554.62
PREPARED BY: KEN YOUNG DATE: AUGUST 25, 1994
FIRM: CLYDE B. YOUNG & COMPANY
REVIEWED BY: DATE:
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