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HomeMy WebLinkAbout05900Reception 1060853 10/28/1994 ORDINANCE NO. 5900 AN ORDINANCE APPROVING THE PLAT OF DAVIS SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The final plat of Davis Subdivision, being a subdivision of land legally described as follows: A parcel of land described in that Warranty Deed filed for record October 12, 1978 in Book 1954 at Page 931 in the records of the Pueblo County Clerk and Recorder which reads as follows: The North 214 feet of the South 643 feet of the W 1/2 of the NW 1/4 of the NE 1/4 of Section 13, Township 20 South, Range 65 West of the Sixth Principal Meridian, except any existing rights -of -way, less that portion sold by deed recorded in Book 1618, Page 994 of the Pueblo County records described as follows: Commencing at a point being the SE corner of the North 214 feet of the South 643 feet of the W 1/2 of the NW 1/4 of the NE 1/4 of Section 13, Township 20 South, Range 65 West of the Sixth Principal Meridian, thence in a westerly direction along the South line of the North 214 feet of the South 643 feet of the W 1/2 of the NW 1/4 of the NE 1/4 of said Section 13, a distance of 202 feet; thence in a northerly direction and parallel to the north and south center line of said Section 13, a distance of 72 feet; thence in an easterly direction and parallel to the south line of the NW 1/4 of the NE 1/4 of said Section 13, a distance of 88 feet, thence in a northerly direction and parallel to the north and south center line of said Section 13, a distance of 28 feet; thence in an easterly direction and parallel to the . Book: 2765 Page: 503 Chris C. Munoz Page: 2 of 3 Pueblo Co.C1k.&Rec. south line of the NW 1/4 of the NE 1/4 of said Section 13, a distance of 114 feet more or less to a point on the westerly right -of -way of old U.S. Highway No. 85 -87 (abandoned); thence in a southerly direction along the westerly right -of -way line of old U.S. High- way No. 85 -87 (abandoned) a distance of 100 feet more or less to the point of beginning excepting therefrom any granted or existing rights -of -way for roads, ditches or laterals, containing 2.51 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. SECTION 3. This ordinance shall become effective immediately upon final passage and approval. e h N 1 � # } b lyerk Book: 2765 Page: 504 Chris C. !Munoz Page: 3 of 3 Pueblo Co.C1k.&Bec. INTRODUCED September 12 , 1994 By JOHN CALIFANO Councilperson APPROVED dent e olf the Council 8/29/94 Reception 1060854 10/28/1994 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this 4th day of OCtnhar , 199! —, by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City ", and William J. Davis and Janice G. Davis , 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 Davis 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 We 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 uncompletea 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. -1- I Book: 2765 Page: 506 Chris C. Munoz Page: 2 of 5 Pueblo Co.Clk. &Rec. 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, 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, 0 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 shah subordina2;; 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. -2- . Book: 2765 Page: 507 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 and acting officers and the seal of the Subdivider set hereon. ubdivider U • o ' ,c` BY STA1 E COLORADO) ss. COUNTY OF PUEBLO ) /1 The foregoing instrument was acknowledged before me this i17 —day Q of '�191`�'O , 1999—', by W; 11;prn J DAVIS " Jctn; er G ngyis , Subdivider. My commission expires:918PUP 1� Notary Public (S E A L) Address: CITY OF PUEBLO, a Municipal Corporation BY President of the Council ATT ST. o L Cd Clerk STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was a Of 199 by »w;� �o�rqi sci expires t r , 37 APPROVED AS TO FORM: me this 14 day City Clerk of the City of Pueblo, -3- C/ , as President of City Book: 2765 Page: 508 Chris C. Munoz Page: 4 of 5 Pueblo Co.C1k.&Rec. EXHIBIT " A " The North 214 feet of the South 643 feet NW 114 of the NE 1/4 of Section 13, Town; 65 West of the Sixth Principal Meridian, rights -of -way, less that portion sold by Book 1618, Page 994 of the Pueblo County as follows: of the W 112 of the ship 20 South, Range except any existing deed recorded in records described Commencing at a point being the SE corner of the North 214 feet of the South 643 feet of the W 112 of the NW 114 of the NE 114 of Section 13, Township 20 South, Range 65 West of the Sixth Principal Meridian, thence in a westerly direction along the South line of the North 214 feet of the South 643 feet of the W 112 of the NW 114 of the NE 114 of said Section 13, a distance of 202 feet; thence in a northerly direction and parallel to the north and south center line of said Section 13, a distance of 72 feet; thence in an easterly direction and parallel to the south line of the NW 114 of the NE 114 of said Section 13, a distance of 88 feet, thence in a northerly direction and parallel to the north and south center line of said Section 13, a distance of 28 feet; thence in an easterly direction and parallel to the south line of the NW 114 of the NE 114 of said Section 13, a distance of 114 feet more or less to a point on the westerly right -of -way of old U.S. Highway No. 85 -87 (abandoned); thence in a southerly direction along the westerly right -of- way line of old U.S. Highway No. 85 -87 (abandoned) a distance of 100 feet more or less to the point of beginning, excepting therefrom any granted or existing rights -of -way for roads, ditches or laterals. ~� Book: 2765 Page: 509 Chris C. Munoz • Page: 5 of 5 Pueblo Co.C1k.&Rec. SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" SUBDIVISION NAME: DAVIS SUBDIVISION (TOPS MOTEL) DEVELOPER: ENGINEER: CLYDE B. YOUNG & CO. A. DETENTION POND GRADING, SEEDING AND PIPING UNITS Grading & seeding 18" Poly pipe Type D Endwall 5' Dia. Manhole Poly "Tee" Section 12" Rip -Rap 6 Rip - Rap Geotextile Fabric 6" Curb "Level Spreader" SUB TOTAL 2.75% BOND 10% CONTINGENCY GRAND TOTAL PREPARED BY: KEN YOUNG UNIT COST TOTAL $20,000 /ac $20,000 $17,000 /l.f. $5,270 $1,000 $3,000 $1,000 $3,000 $250 $250 $25 $325 $20 $60 $4 $100 $14 /l.f. $1,820 $33,825 $930.19 $3,382.50 $38,137.69 DATE: SEPTEMBER 22, 1994 FIRM: CLYDE B. YOUNG & CO. / REVISED BY: 70D DATE: /REV /Ect1ED ,z; �i•- -- C'err • .4 co 1.00 ac 310 l.f. each ( 3 ) each ( 3 ) each (1) 13 Tons 3 Tons 25 Sq. Yds. 130 l.f.