HomeMy WebLinkAbout05902Reception 1067344
01/04/1995
ORDINANCE NO. 5902
AN ORDINANCE APPROVING THE PLAT OF HILLVILLE
HEIGHTS SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION 1.
The final plat of Hillville Heights subdivision,
being a subdivision of land legally described as follows:
The easterly 18 (eighteen) feet of Lot 7 and
all of Lot 8 in Block 2 in Biby Subdivision,
according to the recorded plat thereof, filed
for record January 22, 1953, A.D. and the
west 1/2 of vacated Ogden Avenue as shown in
the recorded plat of Biby Subdivision north
of the south line of Block 2 extended east to
the east line of Ogden Avenue containing
9177.49 feet,
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.
8/29/94
INTRODUCED September 12 , 1994
By JOHN CALIFANO
Councilperson
)VED
e r s ildenE of the Council
Book: 2777 Page: 914 Chris C. Munoz
Page: 2 of 2 Pueblo Co.Clk. &Rec.
Reception 1067345
01/04/1995
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this 16 day of SEtrt'E.t�At3ER 199 ,
by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City", and
L
14 y s 9 �itt.t. R 1JD !l t.l@.E t— • �& t.t—
hereinafter referred to as "Subdivider".
WIT NESS ETH:
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 R tt.L-%e«-L_ r=
t al rs m ys 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:
IM„
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 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 improvaitiailw III di iris% ' O(Al. 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-
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 thoswpublic 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, 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 amenament 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.
Book: 2777 Page: 916 Chris C. Munoz
Page: 2 of 6 Pueblo Co.Clk. &Rec.
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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)
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
By
tk
The foregoing instrument was acknowledged before me this day
�ov2t" be 199 , by /UC(SaK 6 f,`l f 7r �/� �2e L �� �r , Subdivider.
e mission ;Z3, 1914 expires:
a 4 `O TA Notary Public
� �A L�` � • .^ Address: 1307 44' Sf
V) rr" ;` t � � Ce) r oo �
' r.
ATTAT: =` � ± D
tZ
r
STAT ' m ch
OF UEBLO )
The foregoing instrument was
sion expires:
T A
On
APPROVED AS TO FORM:
r
City tto '
CITY OF PUEBLO, a Municipal Corporation
By
President of the Council
edged befoke " this .1: Lr -ay
as President of City
City Clerk ofjhe City of Pueblo, Colorado.
rM � E
Book: 2777 Page: 917 Chris C. Munoz
Page: 3 of 6 Pueblo Co.Clk. &Rec.
.3-
EXHIBIT "A"
HILLVILLE HEIGHTS
LEGAL DESCRIPTION
THE EASTERLY 18 (EIGHTEEN) FEET OF LOT 7 AND ALL OF LOT 8 IN BLOCK 2 IN
BIBY SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR
RECORD JANUARY 22, 1953, A.D. AND THE WEST ONE/HALF OF VACATED OGDEN
AVENUE AS SHOWN ON THE RECORDED PLAT OF BIBY SUBDIVISION NORTH OF THE
SOUTH LINE OF BLOCK 2 EXTENDED EAST TO THE EAST LINE OF OGDEN AVENUE.
Book: 2777 Page: 918 Chris C. Munoz
Page: 4 of 6 Pueblo Co.C1k.&Aec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: HILLVILLE HEIGHTS
DEVELOPER: NELSON B. HILL & ALICE L. HILL
ENGINEER: BILL BOIES
STREET IMPROVEMENTS
NAME ANITA STREET
PAVEMENT 164.9FT..$49.50/L.F. $8162.55
C & G 164.9FT. $14.00/L.F. $2308.18
SIDEWALK 131.4FT. $ 3.75 1L.F. $ 492.56
$ 10965
DRIVEWAY IMPROVEMENTS
PAVEMENT 30FT. $15.00 /L.F. $ 450.00
C & G 54.2FT. $14.00 /L. F. $ 757.68
$1208
MONUMENT BOXES
1 @ 525.00 1EACH $ 525.00
$ 525.00
TOTAL $ 12698.00
MISCELLANEOUS CONTINGENCIES 15% $1905.00
GRAND TOTAL $ 14770.00
PREPARED BY DANIEL HANTEN SEPTEMBER 15, 1994
FIRM HANTEN SURVEYING, INC.
REVIEWED BY c DATE: 23 9
OK J- J'0'
Book: 2777 Page: 919 Chris C. Munoz
Page: 5 of 6 Pueblo Co.C1k.&Rec.
UNIT PRICE LIST FOR EXHIBIT 0 fr
A. STREET
1) Pavement ($1.50 /S.F. — $13.50/S.Y.)
— ($7.00 /L.F.)
— $47.00 /L.F.
— $44.00 L.F.
— $25.00 /L.F.
$ 1,800 /EA.
— $450 /EA
— Est. Cost
from Centel
1) Storm Sewer — Estimate a general per L.F. cost to include appurtenances
from Drainage Report:
2) Channel — Estimate general per L.F. cost to include appurtenances
from Drainage Report.
3) Detention Facilities —
a With Landscaping and Irrigation . . . . . . . . — $ 25,000 /AC.
b With Landscaping only . . . . . . . . — $20,000 /AC.
c Without Landscaping . . . . . . . . — $ 15,000 /AC.
C. PARKS
a) With Irrigation . . . . . . . . — $12,000 /AC.
b) Without Irrigation — $ 6,000 /AC.
*Unit Prices To Be Used Through May 31, 1995.
Water Unit Prices Good Through May 31, 1995
Book: 2777 Page: 920 Chris C. Munoz
Page: 6 of 6 Pueblo Co.Clk. &Rec.
a 36' Street —
$49.50/L.F.
b 44' Street —
$60.00 /L.F.
c 60' Street —
$84.00 /L.F.
d Divided Street
with 25' Driving Lanes — $66.00 /L.F.
e One Inch (1 ")
Overlay '—
$35.00 /Ton
2)
Curb & Gutter
a Normal 'Street
—
$14.00 /L. F.
b With Median
—
$28.00 /L.F.
C Sidewalk
—
$ 2.00 /S.F.
d 7' Reinforced
Concrete —
$ 3.50 /S.F.
3)
8" Sewer Main (including 48"
manholes & service lines)
* *4)
Water
a Including Fire
Hydrants &
Service Lines . . . . . . . .
b Water Main only
. . . . . . . .
C Fire Hydrants
. . . . . .
5)
Monument Boxes
6)
Street Lighting
. . . . . _ . .
B. DRAINAGE
— ($7.00 /L.F.)
— $47.00 /L.F.
— $44.00 L.F.
— $25.00 /L.F.
$ 1,800 /EA.
— $450 /EA
— Est. Cost
from Centel
1) Storm Sewer — Estimate a general per L.F. cost to include appurtenances
from Drainage Report:
2) Channel — Estimate general per L.F. cost to include appurtenances
from Drainage Report.
3) Detention Facilities —
a With Landscaping and Irrigation . . . . . . . . — $ 25,000 /AC.
b With Landscaping only . . . . . . . . — $20,000 /AC.
c Without Landscaping . . . . . . . . — $ 15,000 /AC.
C. PARKS
a) With Irrigation . . . . . . . . — $12,000 /AC.
b) Without Irrigation — $ 6,000 /AC.
*Unit Prices To Be Used Through May 31, 1995.
Water Unit Prices Good Through May 31, 1995
Book: 2777 Page: 920 Chris C. Munoz
Page: 6 of 6 Pueblo Co.Clk. &Rec.
I t ( It
HOUSING AUTHORITY of the CITY OF PUEBLO
1414 No. Serra Fe Ame. (10th Floor) / pueblo, CO 81003 -3795 / Phone (719) 5444230 / FAX (719) 542-M EXECUTIVE DIRECTOR:
voke/TDD Jack Quinn
September 14, 1994
Mr. Nelson Hill
1358 Anita Street
Pueblo, Colorado 81001
Dear Mr. Hill:
COMMISSIONERS:
Judge Gordon R. Cooper
Mr. Robert L. Hawkins
Mr. Manuel Rosales
Mr. Ben Weindling
Ms. Elizabeth B. Wilson
The Housing Authority of the City of Pueblo is the owner of the
residential property at 2104 Ogden and has agreed through a
resolution from the Board of Commissioners to vacate a portion of
Ogden Street. If the request to vacate is approved by the City
Council, the process would convert that portion of the street to
a private driveway.
The private driveway would continue to serve as an exit for the
residents of the Ogden property. In addition the Housing
Authority formally submits this letter of assurance granting
permanent access to adjacent property owners currently utilizing
Ogden Street as a rear access to their properties. Specifically,
the affected property owners and locations are:
1. Dr. Walter Ballard 1416 Constitution
2. Mr. James Schaeffer 1418 Constitution
If you should have any questions or concerns, you may call Mr.
Frank Pacheco at (719) 544 - 6230.
y.
Jacx Quinn
Executive Director
cc: File
0�10117Y11171