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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. -2- 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