HomeMy WebLinkAbout05942Reception 1074137
03/17/1995
ORDINANCE NO. 5942
AN ORDINANCE APPROVING THE PLAT OF
REGENCY RIDGE SUBDIVISION, 1ST FILING.
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
that:
SECTION 1.
The final plat of Regency Ridge Subdivision, 1st Fil-
ing, being a subdivision of land legally described as
follows:
A parcel of land located in the North 1/2 of the
Southeast 1/4 of Section 9, Township 21 South, Range 65
West, of the 6th Principal Meridian, being more par-
ticularly described as a portion of Blocks 2, 3, 4, 7,
8, 9, 13, 14 and 18 along with those portions of the
vacated streets and alleys lying adjacent to said
Blocks within Columbia Heights, according to the re-
corded plat thereof filed for record May 23, 1888 of
the Pueblo County records, Pueblo, Colorado, more par-
ticularly described by meets and bounds as follows:
Beginning at a point from which the Center 1/4 corner
of said Section 9 (3 1/2" alum. cap marked C 1/4 Sec.
9) bears N 72° 05' 15" W a distance of 925.85 feet;
Thence S 88° 23' 48" E parallel with the South line of
Regency Park 13th Filing according to the recorded plat
thereof as filed in Book 2018 at Page 811 of the Pueblo
County Records a distance of 926.94 feet; Thence N 00°
31' 22" E a distance of 260.05 feet to the South line
of said Regency Park 13th Filing, said point also being
on the North line of the N 1/2 of the SE 1/4 of said
Section 9; Thence S 88° 23' 48" E along said South line
a distance of 125.00 feet to a point of the West line
of Regency Square Subdivision according to the recorded
plat thereof as filed in Book 1857 at Page 726 of the
Pueblo County Records; Thence S 00° 31' 22" W along
said West line a distance of 410.00 feet;
Book: 2791 Page: 132 Chrls C. Munoz
Page: 2 of 3 Pueblo Co. Clk.&Bec.
Thence N 88° 23' 48" W a distance of 332.50 feet;
Thence S 00° 31' 22" W a distance of 85.06 feet; Thence
S 71° 48' 00" W a distance of 132.93 feet; thence N 88°
23' 48" W a distance of 250.00 feet; Thence S 52° 33'
20" W a distance of 123.83 feet; Thence S 37° 26' 40" E
a distance of 651.41 feet to the Northerly right of way
of Colorado State Highway No. 78; Thence S 52° 33' 20"
W along said right of way a distance of 60.00 feet~
Thence N 37° 26' 40" W a distance of 673.40 feet;
Thence S 52° 33' 20" W a distance of 110.00 feet;
Thence N 37° 26' 40" W a distance of 176.72 feet;
Thence along a curve to the left a distance of 61.64
feet, said curve having a radius of 110.00 feet and a
Central angle of 32° 06' 23"; Thence N 20° 26' 56" E a
distance of 110.00 feet$ Thence N 19° 59' 27" E a
distance of 60.00 feet; Thence N 01° 36' 12" E a
distance of 114.94 feet to the point of beginning.
Said parcel contains 8.22 acres, more or less,
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 compli-
ance and in accordance with the requirements and provisions
of Chapter 4, Title XII of the 1971 Code of Ordinances, as
amended and any agreement entered into pursuant thereto.
SECTION 3.
This ordinance shall become effective immediately upon
final passage and approval.
INTRODUCED February 13 , 1995
FAY B. KASTELIC
BY
Councilperson
A
Reception 1074139
03/17/1995
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this 6th day of March , 1995. by and between
the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City" and
REGENCY RIDGE DEVELOPMENT CO., LTD., A Colorado Corporation ,
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 REGENCY
RIDGE SUBDIVISION, 1ST FILING , 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 thereafter 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 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
improvements.
-I-
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 ofthis 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
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 properly designed, engineered,
constructed, and accepted as meeting the specifications and standards ofthe 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 a~ecting 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 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 centerline 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.
1:2. 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 is to 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: 2791 Page: 137 Chrls C. Munoz
Page: 3 of 7 Pueblo Co. Clk.&Rec.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested
by its duly authorized and acting officers and acting officers and the seal of the Subdivider set hereon.
(S E AL)
STATE OF COLORADO )
) SS.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this L0'1'3- day ~
Subdivider.
SUBDMSION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: REGENCY RIDGE SUBDIVISION, 1 ST FILING
DEVELOPER: REGENCY RIDGE DEVELOPMENT CO., LTD.
ENGINEER: ABEL ENGINEERING PROFESSIONALS, INC.
STREET IMPROVEMENTS
NAME: NORTHERN AVENUE and HIGHWAY 78
Water Mains & Appurtenances
695 LF @ $41 /LF = $28,495.00
Sanitary Sewer & Appurtenances
818 LF @ $47 / LF = $38,446.00
20" Diameter Steel Casing
95 LF @ $180 /LF = $17,100.00
Street Lighting
1 EA @ $1200 EA = $1,200.00
Culvert Pipe with End Sections (24" HDP)
80 LF @ $25 / LF = $2,000.00
TOTAL = $87,241.00
NAME: THAMES DRIVE
Grade, Pavement (Including base and sub-base)
1025 LF @ $49.50 / LF = $50,738.00
Curb & Gutter
1886 LF @ $7 / LF = $13,202.00
Water Mains & Appurtenances
1003 LF @ $41 / LF = $41,123.00
Monument Box
4 EA @ $450 EA = $1,800.00
REGENCY RIDGE, 1ST
PAGE 2
Street Lighting
2 EA @ $1200 EA = $2,400.00
Sanitary Sewer & Appurtenances
1025 LF @ $47 / LF = $48,175.00
Storm Sewer, 48" RCP (Including joim connections, labor)
239 LF @ $79 / LF = $18,881.00
Storm Sewer, 15" RCP (Including joint connections, labor)
25.7 LF @ $25 / LF = $642.50
Type 1C Manhole
1 EA ~ $1800 EA = $1,800.00
Curb Inlet (6' Type S)
1 EA @ $1000 EA = $1,000.00
Drainage "V" Ditch
1 EA ~ $500 EA = $500.00
TOTAL = $180,261.50
NAME: AVON COURT
Grade, Pavement (Including base and sub-base)
36' Street: 388 LF @ $49.50 / LF = $19,206.00
Culdesac: 600 SY @ $13.50 / SY = $8,100.00
Curb & Gutter
1202 LF @ $7.50 / LF = $9,015.00
Water Mains & Appurtenances
493 LF @ $41 / LF = $20,213.00
Monument Box
3 EA @ $450 EA = $1,350.00
Street Lighting
2 EA @ $1200 EA = $2,400.00
Sanitary Sewer & Appurtenances
411 LF @ $47 /LF = $19,317.00
REGENCYRIDGE, 1ST
PAGB 3
Storm Sewer, 48" RCP (Including joint connections)
497 LF @ $79 / LF = $39,263.00
Type 1C Manhole
1 EA @ $1800 EA = $1,800.00
Curb Inlet (12' Type S)
1 EA @ $1400 EA = $1,400.00
TOTAL = $122,064.00
OTHER IMPROVEMENTS
Detention Inlet Pipe, 54" RCP (Including joint connections)
150 LF @ $112 /LF = $16,800.00
Detention Outlet Pipe, 42" RCP (Including joint connections)
50 LF @ $75 / LF = $3,750.00
Detention Pond
1.89 Acres @ $20,000 / Acre = $37,800.00
Rip Rap
2 EA @ $1500 EA = $3,000.00
Detention Outlet Structure
1 EA @ $1500 EA = $1,500.00
Overflow Structure
1 EA @ $2000 EA = $2,000.00
TOTAL = $64,850.00
GRAND TOTAL ................ = $454,416.50
PREPARED BY: JOHN CHRISMAN DATE: FEBRUARY 23, 1995
FIRM: ABEL ENGINEERING PROFESSIONALS, INC.
CITY OF PUEBLO
o~, d.C./.4.
EXHIBIT "A'
KNOW ALL MEN BY THESE PRESENTS: That Regency Ridge
Development Co. Ltd., a Limited Partnership, being sole owners
of the following described property.
A parcel of land located in the North 1/2 of the Southeast
1/4 of Section 9, Township 21 South, Range 65 West, of the
6th Principal Meridian, being more particularly described
as a portion of Blocks 4, 7, 14, 16 and all of Blocks 5, 6,
and 15, along with those portions of the vacated streets
and a~eys lying adjacent to said Blocks within Columbia
Heights, according to the recorded plat thereof filed for
record May 25, 1888 of the Pueblo County records, Pueblo,
Colorado. More particularly described by metes and bounds
as fo~ows:
Beginning at a point from which the Center 1/4 corner of
said Section 9 (,3 1/2" Alum. cap marked C 1/4 Sec. 9) bears
N 72' 05' 15" W a distance of 925.85 Feet:
Thence S 88' 2,3' 48" E paraflel with the South line of
Regency Park l,3th Filing according to the recorded plat
thereof as filed in Book 2018 at Page 811 of the Pueblo
County records a distance of 926.94 Feet:
Thence N 00' ,31' 22" E a distance of 260.05 Feet to the
South line of said Regency Park l,3th Filing, said point also
being on the North line of the N 1/2 of the SE 1/4 of said
Section 9:
Thence S 88' 2,3' 48" E along said South line a distance
of 125.00 Feet to a point on the West line of Regency Square
Subdivision according to the recorded plat thereof as filed
in Book 1857 at Page 726 of the Pueblo County records:
Thence S 00' ,31' 22" W along said West line a distance' of
410.00 Feet:
Thence N 88' 2,3' 48" W a distance of ,3,32.50 Feet:
Thence S 00' ,31' 22" W a distance of 85.06 Feet:
Thence S 71' 48' 00" W a distance of 1,32.9,3 Feet:
Thence N 88' 2,3' 48" W a distance of 250.00 Feet:
Thence S 52' ,3,3' 20" W a distance of 12,3.85 Feet:
Thence S ,37' 26' 40" E a distance of 651.41 Feet to
the Northerly Right of Way of Colorado State Highway
No. 78:
Thence S 52' 3,3' 20" W along Said Right of Way a distance
of 60.00 Feet:
Thence N ,37' 26' 40" W a distance of 673.40 Feet:
Thence S 52' 5,3' 20" W a distance of 110.00 Feet:
Thence N ,37' 26' 40" W a distance of 176.72 Feet:
Thence along a curve to the left a distance of 61.64 Feet,
said curve having a Radius of 110.00 Feet and a Central
angle of ,32' 06' 2,3":
Thence N 20' 26' 56" E a distance of 110.00 Feet:
Thence N 19' 59' 57' E a distance of 60.00 Feet:
Thence N 01' ,36' 12" E a distance of 114.94 Feet to the
Point of Beginning.
Said Parcel containin~l 8.22 Acres, more or less.
Reception 1074140
03/17/1995
NOTICE OF SHALLOW SANITARY SEWER SERVICE LINES
Notice is hereby given to the owner(s) of Lot(s) 5 through 12, Block 1, Regency Ridge
Subdivision, 1st Filing Pueblo County, Colorado, and their heirs, personal representatives,
successors and assigns, that sanitary sewer service to basements of these lot(s) may require a
pumping system due to the elevation of the sanitary sewer line(s) in the street or public right of
way.
This notice is dated fiTarch q/ 1995.
SUBDIVIDER /~/'~4 ~
By
ROGER H. FONDA
Name
GENERAL PARTNER
Title
26 COUNTRY CLUB VILLAGE
Address
PUEBLO, COLORADO
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
;Z;rev~ng instrument was acknowledged before me on/'],q~,'r-~ q/ , 1995,
by
Witness my hand and seal.