HomeMy WebLinkAbout05949Reception 1082177
06/02/1995
ORDINANCE NO. 5949
AN ORDINANCE APPROVING RANCHO DEL SOL 5TH
FILING SPECIAL AREA PLAN
WHEREAS, the Rancho Del Sol 5th Filing Special Area Plan
has been submitted to the Planning and Zoning Commission for
approval pursuant to Section 17-4-29 of the 1971 Code of
Ordinances, and
WHEREAS, the Planning and Zoning Commission after a public
hearing found and determined the objectives and requirements
of said Section 17-4-29 can and will be met, and
WHEREAS, the Planning and Zoning Commission has recommended
the approval of the Rancho Del Sol 5th Filing Special Area Plan
without conditions: NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLO~DO,
that:
SECTION 1.
The Rancho Del Sol 5th Filing Special Area Plan is hereby
approved.
SECTION 2.
This ordinance shall become effective immediately upon
final passage and approval.
INTRODUCED MARCH 27 1995
by John Califano
Councilperson
Reception 1082179
06/02/1995
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMISNT made and entered into this "7'~ day of ~,"~.~'C~-m(~'64~.--- , 199~,
by and be~eer~ the CITY OF PUEBLO, a Municipal Co~ration, hereina~er referred to as "Ci~', and
herein~er referred to as "Su~ivider.
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 iry/Exhibit "A",")which is attached hereto and incorporated herein; and
WHEREAS, the Subdivider, as a condition of approval of the final plat of ~,,,,k..x"_~ OF_L_ .S,c~...-
.~1-~ F-iC~jCr- Subdivision. wishes to enter into this Subdivision Improvements Agreement as
authorized by Chapter 4, T'~tle 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 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 t!~is 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 cedificate 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 beb.,~een the most recently proposed site and existing improvemerit.
-1-
5. The City may treat the amount of such deposit as a debt due the City from Subdivider or
subseque~t owner, which debt shall be a ~ien upon ai~ the land in the Subdivision and notice of ~ien may be
flied 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 fi~ing such ~ien for record. All
remedies provided for herein are cumulative and the use of one sha~l not prohibff the use of another.
6. Upon payment of each such deposit, the City Director of Public Works shall re~ease the proposed
building site from the terms of this Agreement.
7. As a condition of approva~ of this Subdivision, and to meet the requirements of Section 12-4-7(J) of
the 197t Code of Ordinances, Subdivider specifically agrees that no certificate of occupancy shall be issued
by the Pueblo Regiona~ Building Department until a certificate of compliance has been apFoved and issued
by the City Director of Public Works and du~y recorded in the Office of the Pueblo County C~erk and Recorder
which certifies that those public improvements set forth in Fxhibit 'B', or that portion of sa~d improvements as
sha~l be necessa~/to totaUy serve specific ~ot(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 propedy
designed, engineerea, constructed, and accepted as meeting the specifications and standards of the City.
These restrictions on the issuance of certificates of occupancy shaU run with the ~and and sha~l exte~d
to and be binding upon the heirs, executors, ~egal representatives, successors and assigns of Subdivider and
may be specitically 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. Unti~ 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 C~y Director of
Parks and Recreation, the maintenance, construction, and al~ other matters pertaining to or affecting said
roads, pax and other public improvements and rights of way are the so~e responsibi~ffy of the SubdMder or
any subsequent owner(s) of the land within this Subdivision.
9. The required time for completion of a~ such improvements by SubdMder within such b~ock sha~ be
one (1) year from the date of application for the first building permit issued within such bloc~. Upon
completion and written approval and acceptance of such improvements within the required time and the
payment of al~ inspection costs by Subdivider, the Director of Public Works shaU cause a~l obligations of
Subdivider relating to such improvements within such block to be re~eased. if said improvements are not
completed within the required time, the City Director of Public Works may cause the proceeds of aJ~ deposits
or other coi~atera~ or monies in escrow to be used to complete the same. ff sufficient monies are available at
the end of the required time to complete a~l such improvements herein required for the entire length of such
b~ock, the Director of Public Works shall cause all coUateral or monies in escrow to be reduced in cash and
shaU deposit the same with the Director of Finance and such cash sha~l be used to complete that portion of
the improvements the Director of Public Works shai~ determine. Until al~ improvements are completed and
approved by the Director of Public Works, Subdivider and the subdivided ~and shall remain ~iab~e 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 ur d,'~y ame,'~dment 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, arid 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-
IN WITNESSWHEREOF, the padies hereto have caused this Agreementto be executed and afie~ed by ~s
duly authorized andacting offsets and the sealofthe Subdivider sethereon,
Subdivider
By
By
(S E A L)
STATE OF COLORADO)
COUN~ OF PUEBLO )
The foregoing ,instrument was acknowledged before me this 7oh day
of December , 199.~.., by J. B. Champion, Jr. , Subdivider.
My commission expires: March 11,199~ ne~
Nota lic Ja . Kihn
(S E A L) Add 2145 Jerry Murphy Road
Pueblo, CO. 81001
.,,, ," ~,,,~ .'.-;, ./,/, '--,
~,,- . '~ . . .......,..,,,;:
. ,-' .. ,, ., -~_
%..;,~;7..,~ ~"""' , Municipal Corporation
President of the Council
A'FT'EST:
'~' "A~:~g~ity Clerk
STATE OF COLORADO)
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this ._2Jthday
of May , 199 5 , by Chr~ st~ an T,. W~aver .. , as President of City
Council, and Gina Dutcher asi~:itt;E?erk of the City of Pueblo, Colorado.
-3-
EXHIBIT "A"
HIGHLINE ENGINEERING AND SURVEYING COMPANY
5031 S. ULSTER STREET PKWY., SUITE 200, DENVER, COLORADO 80237 (303) 843-9553
Date 2/2/95 Job No 144
A PARCEL OF LAND BEING A PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 14 AND A PORTION OF THE NORTHWEST 1/4 OF
SECTION 13, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 13;
THENCE S 00°00'00" W ALONG THE WEST LINE OF SAID SECTION 13, A DISTANCE OF 429.70 FEET;
THENCE N 81 ° 12'49" W, A DISTANCE OF 10.36 FEET TO THE POINT OF BEGINNING; THENCE S 81 °12'49" E A DISTANCE OF 145.00 FEET
TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, SAID CURVE HAVING A RADIUS OF 340.00
FEET AND A CENTRAL ANGLE OF 08°47'11 ", A DISTANCE OF 52.14'; THENCE N 90°00'00" E, A DISTANCE OF 460.00 FEET; THENCE S 00°00'00" W, A
DISTANCE OF 116.96 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, SAID CURVE
HAVING A RADIUS OF 180.00 FEET AND A CENTRAL ANGLE OF 50°44'08'., A DISTANCE OF 159.39 FEET; THENCE S 5044'08" E A DISTANCE OF 544.83
FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, SAID CURVE HAVING A
RADIUS OF 240.00 FEET AND A CENTRAL ANGLE OF 50°57'38", A DISTANCE OF 213.46 FEET; THENCE S 00013'30" W, A DISTANCE OF 164.36 FEET;
THENCE S 89°46'30" E, A DISTANCE OF 150.02 FEE TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF FORTINO BOULEVARD, SAID POINT ALSO
BEING THE SOUTHWEST CORNER OF LOT 1, BLOCK 5 OF COLLEGE ROAD SHOPPING CENTER SUBDIVISION AS RECORDED IN THE PUEBLO
COUNTY CLERK AND RECORDERS OFFICE UNDER BOOK 1680, PAGE 416; THENCE S 00°11'27" W ALONG THE SOUTH LINE OF SAID SUBDIVISION,
A DISTANCE OF 80.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID FORTINO BOULEVARD.
THENCE N 89°46'30" W, A DISTANCE OF 676.02 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF FORTINO BOULEVARD AS PLA'ITED IN
RANCHO DEL SOL FIRST FILING AS RECORDED IN THE OFFICE OF THE PUEBLO COUNTY CLERK AND RECORDERS OFFICE UNDER BOOK 2041,
PAGE 557, SAID POINT ALSO BEING A POINT ON THE EAST RIGHT-OF-WAY LINE OF RANCHO DEL SOL EXTENDED; THENCE N 00° 13'30"E TO A
POINT ON SAID EAST RIGHT-OF-WAY LINE OF RANCHO DEL SOL, A DISTANCE OF 261.67 FEET TO THE BEGINNING OF A CURVE TO THE LEFT;
THENCE ALONG THE ARC OF SAID CURVE, SAID CURVE HAVING A RADIUS OF 280.00 FEET AND A CENTRAL ANGLE OF 03°40'41 ", A DISTANCE OF
17.98 FEET; THENCE N 86032'49'' E ALONG THE SOUTHERLY LINE OF BLOCK 4 OF RANCHO DEL SOL THIRD FILING AS RECORDED IN THE
PUEBLO COUNTY CLERK AND RECORDERS OFFICE UNDER BOOK 2117, PAGE 183, A DISTANCE OF 212.76 FEET; THENCE N 39° 15'52" E, A
DISTANCE OF 56.00 FEET TO A POINT BEING THE SOUTHEAST CORNER OF SAID BLOCK 4; THENCE N 50°44'08" W ALONG THE EASTERLY LINE
OF SAID BLOCK 4, A DISTANCE OF 200.85 FEET; THENCE N 45°09'54'. W ALONG THE EASTERLY LINE OF SAID BLOCK 4, A DISTANCE OF 285.01
FEET TO A POINT BEING THE NORTHEAST CORNER OF SAID BLOCK 4; THENCE S 44°09'54" W, A DISTANCE OF 38.74 FEET TO A POINT BEING THE
SOUTHEASTERLY CORNER OF BLOCK 2 OF SAID RANCH DEL SO FILING NO. 3; THENCE N 29°20'37.' W ALONG THE EASTERLY LINE OF SAID
BLOCK 2, A DISTANCE OF 224.63 FEET TO A POINT BEING THE NORTHEAST CORNER OF SAID BLOCK 2; THENCE S 90°00'00" W ALONG THE
NORTHERLY LINE OF SAID BLOCK 2, A DISTANCE OF 214.41 FEET; THENCE N 43°46'40.' W ALONG THE NORTHERLY LINE OF SAID BLOCK 2, A
DISTANCE OF 18.95 FEET; THENCE S 90°00'00" W ALONG THE NORTHERLY LINE OF SAID BLOCK 2, A DISTANCE OF 163.40 FEET TO A POINT
BEING THE NORTI--I~VEST CORNER OF SAID BLOCK 2; THENCE S 08°47'11" W, A DISTANCE OF 43.61 FEET TO THE BEGINNING OF A CURVE TO THE
LEFT; THENCE SOUTHWESTERLY ALONG THE WESTERLY BOUNDARY OF SAID BLOCK 2 AND ALONG THE ARC OF SAID CURVE, SAID CURVE
HAVING A RADIUS OF 450.00 FEET AND A CENTRAL ANGLE OF 08 °47'11 ", A DISTANCE OF 69.01 FEET; THENCE S 00°00'00" W ALONG THE
WESTERLY LINE OF SAID BLOCK 2, A DISTANCE OF 237.67 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF OUTLOOK BOULEVARD AS
PLATTED IN GATEWAY SUBDIVISION FIRST FILING, RECORDED IN THE PUEBLO COUNTY CLERK AND RECORDERS OFFICE UNDER BOOK 1991,
PAGE 460; THENCE N 90000'00.' W ALONG THE NORTHERLY LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 100.00 FEET;
THENCE N 00 °00'00"E DEPARTING SAID RIGHT-OF-WAY, A DISTANCE OF 237.67 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, SAID CURVE HAVING A RADIUS OF 550.00 FEET AND A CENTRAL ANGLE OF
08°47'11 ", A DISTANCE OF 84.34 FEET; THENCE N 08°47'11" E, A DISTANCE OF 237.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 480,397 SQUARE FEET OR 11.028 ACRES MORE OR LESS.
OF 56.00 FEET
" '
HIGHLINE ENGINEERING ~D SURVEYING COHPANY
5031 S. ULSTER STREET PARKWAY, SUITE 200
DENVER, COLOI~DO 80237
(303) 843-9553
FEBRUARY 7, 1995
EXHIBIT "B"
FOR
RANCHO DEL SOL 5TH FILNG
l. PASEO DEL NORTE STA 0+33.00 TO 11+71.89
ITEM QUANTITY UNIT UNIT COST TOTAL
ROADWAY IMPROVEMENTS
4" ROLLED C&G 2277 LF 7.00 15,939.00
ASPHALT 4556 SY 13.50 61,506.00
SANITARY SEWER
8" PVC PIPE 1292 LF 47.00 60,724.00
4' DIAMH 4 EA
SSL 19 EA
WATER MAIN
12" DIP 1300 LF 44.00 57,200.00
12" X 8" CROSS 1 EA
12" GV & BOX 4 EA
FH ASSY 1 EA
WSL 19 EA
STORM SEWER
30" RCP 26 LF 48.00 1,248.00
24" RCP 351 LF 36.00 12,636.00
18" RCP 830 LF 25.00 20,750.00
5' DIAMH 5 EA 1800.00 9,000.00
12' TYPE S INLET 1 EA 4500.00 4,500.00
8' TYPE S INLET 1 EA 3500.00 3,500.00
7' TYPE S INLET 1 EA 3300.00 3,300.00
MISCELLANEOUS
STREET BARICADES 2 EA 500.00 1,000.00
SURVEY MONUMENTS 4 EA 450.00 1,800.00
LIGHT POLES 6 EA 1500.00 9,000.0
EXHIBIT B - RANCHO DEL SOL 5TH FILING FEBRUARY 7, 1995
PAGE 2
II. TIERRA BERIENDA STA 0+47.00 TO 6+14.74
ITEM QUANTITY UNIT UNIT COST TOTAL
ROADWAY IMPROVEMENTS
4" ROLLED C&G 1098 LF 7.00 7,686.00
ASPHALT 2153 SY 13.50 29,065.50
8' CONC. PAN 1 EA 1500.00 1,500.00
SANITARY SEWER
8" PVC PIPE 481 LF 47.00 22,607.00
4' DIAMH 3 EA
SSL 12 EA
WATER MAIN
8" DIP 568 LF 44.00 24,992.00
12" GV & BOX 1 EA
8" GV & BOX 2 EA
FH ASSY 2 EA
TEMP BLOW OFF 2 EA
WSL 12 EA
STORM SEWER
18" RCP 48 LF 25.00 1,200.00
5' DIAM}{ i EA 1800.00 1,800.00
8' TYPE S INLET 1 EA 3500.00 3,500.00
MISCELLANEOUS
SURVEY MONUMENTS 3 EA 450.00 1,350.00
LIGHT POLES 2 EA 1500.00 3,000.0
EXHIBIT B - RKNCHO DEL SOL 5TH FILING FEBRUARY 7, 1995
PAGE 3
III. OUTLOOK BOULEVARD STA - (0+23.00) TO 5+42.01
ITEM OUANTITY UNIT UNIT COST TOTAL
ROADWAY IMPROVEMENTS
6" VERT. C&G 1025 LF 7 · 00 7,175.00
ASPHALT 3640 SY 13 · 50 49,140.00
SANITARY SEWER
8" PVC PIPE 510 LF 47.00 23,970.00
4 ' DIA MH 3 EA
WATER MAIN
12" DIP 515 LF 44.00 22,660.00
8" DIP 155 LF
12" GV &BOX 3 EA
8" GV &BOX 2 EA
12" X 8" REDUCER 1 EA
24" X 8" SADDLE TAP 1 EA
12" X 12" TEE 1 EA
12" PLUG & B.O. 1 EA
STORM SEWER
REMOVE 15" RCP 56 LF 15.00 840.00
18" RCP 510 LF 25.00 12,750.00
5' DIA MH 1 EA 1800.00 1,800.00
8' TYPE S INLET 1 EA 3500.00 3,500.00
ADJUST RIM ON MH 1 EA 100.00 100.00
MISCELLANEOUS
STREET BARRICADES 3 EA 500.00 1,500.00
SURVEY MONUMENTS 3 EA 450.00 1,350.00
LIGHT POLES 5 EA 1500 · 00 7,500.00
°
EXHIBIT B - RANCHO DEL SOL 5TH FILING FEBRUARY 7, 1995
PAGE 4
IV. FORTINO BOULEVARD STA 6+98.65 TO 13+73.14
ITEM OUANTITY UNIT UNIT COST TOTAL
ROADWAY IMPROVEMENTS
6" VERT. C&G 1330 LF 7.00 9,310.00
ASPHALT 3804 SY 13.50 51,354.00
WATER MAIN
12" DIP 721 LF 44.00 31,724.00
12" GV &BOX 3 EA
12" X 12" TEE 1 EA
12" PLUG & B · 0 · 1 EA
FH ASSY 1 EA
MISCELLANEOUS
SURVEY MONUMENTS 1 EA 150.00 150.00
TYPE S INLET 1 EA 3500.00 3,500.00
EXHIBIT B - RANCHO DEL SOL 5TH FILING FEBRUARY 7, 1995
PAGE 5
I. PASEO DEL NORTE STA 0+33.00 TO 11+71.89 262,103.00
II. TIERRA BERIENDA 8TA 0+47.00 TO 6+14.74 97,700.50
III. OUTLOOK BOULEVARD STA -(0+23.00) TO 5+42.01 132,285.00
IV. FORTINO BOULEVARD STA 6+98.65 TO 13+73.14 96,038.00
GRAND TOTAL $ 588,126.50
HIGHLINE ENGINEERING AND SURVEYING COMPANY
5031 SOUTH ULSTER STREET PARKWAY, SUITE 200
DENVER, CO 80237
CITY OF PUEBLO
Reception 1082180
06/02/1995
AGREEMENT TO PARTIALLY RECOVER STREET IMPROVEMENT COSTS
This Agreement is made on January 20 , 1995, between Pueblo,
a Municipal Corporation ("City") and Champion Real Estate, Inc.
("Subdivider").
WITNESSETH:
WHEREAS, under Section 12-4-12 of the 1971 Code of Ordinances
of th~ City of Pueblo, when a subdivider is required to construct
or install street improvemen,~ through or adjacent to property not
in the subdivider's subdivision, the subdivider must pay the. entire
cost of such street improvements, but is later eligible to,recover
a portion of the costs.
In consideration of the above ordinance and covenants, it is
agreed as follows:
1. The Subdivider will construct approximately 670
lineal feet of Fortino Blvd. Street within Rancho Del Sol, Sth Fi]in9
Subdivision ("the Subdivision") in the City of Pueblo, Colorado.
2. The Subdivider will file with the City Director of Public
Works ("Director") within 60 days after completin9 the street
improvements, a cost recovery statement to certify the actual costs
of the street improvements with receipts and other evidence of such
costs, and a list of the names and addresses of the record owners
and legal descriptions of property abuttin9 the street improvements
verified by the Subdivider to be true and accurate together with
a certificate from the office of the Pueblo County Assessor.
3. The Director will determine the cost recovery and
allocation to abuttin9 property based upon the Subdivider's cost
recovery statement and other such information concernin9 the street
improvements which is reasonable in relation to the actual cost of
such development.
4. The Director will send by first class mail Written notice
of the Director's determination to the Subdivider and the owners
shown on the Subdivider's verified list.
5. The City will require adjoinin9 property owners, before
final approval of a subdivision pursuant to Section 12-4-12(e), to
develop their land, to deposit the amounts provided in the
Director's cost recovery statement together with interest at the
rate of eight percent (8%) per year for not more than ten (10)
years computed from the date the street improvements were accepted
by the City. Liability for the cost recovery shall be limited to
fifteen (15) years after acceptance of the street improvements by
the City.
PAGE 1 OF 3
6. The Subdivider shall perform or contract to have
performed the work to install and complete the street improvements
required for the Subdivision. Upon completion of the work, the
Subdivider shall furnish the Director with evidence satisfactory
to the Director that the Subdivider has fully paid the contractor
for all street improvement work.
This Agreement was executed on the above date.
SUBDIVIDER
CHAMPION REAL ESTATE, INC.
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before
January 20 199 5 b J.B. Champion, Jr as Pres~e ~n
., n
Sl~/iiRgr/. o~ C~ampion'll~a ~ inc. a Colorado CorporaLioa'.
state ,1 ,
Witness my hand and official seal.
My commission expires:
March 11, 1998
., N ary Public
"" ...... ' P. O. Box 11100, Pueblo, CO. 81001
/~I/l'~ / ~~j PUEB~, A Municipal Corporation
D
PAGE 2 OF 3
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on
May 15 , 199 95, by Tcm Cvar , Director of
Public Works for Pueblo, a Municipal Corporation.
Witness my hand and official seal.
My commission expires: August 18, 1995
Reception 1082181
06/02/1995
AGREEMENT TO PARTIALLY RECOVER STREET IMPROVEMENT COSTS
This Agreement is made on J~uary 25 , 1995, between Pueblo,
a Municipal Corporation ("City")and Champion Real Estate, Inc.
("Subdivider").
WITNESSETH:
WHEREAS, under Section 12-4-12 of the 1971 Code of Ordinances
of th~ City of Pueblo, when a subdivider is required to construct
or install street improvemen.~ through or adjacent to property not
in the subdivider's subdivision, the subdivider must pay theentire
cost of such street improvements, but is later eligible to.recover
a portion of the costs.
In consideration of the above ordinance and covenants, it is
agreed as follows:
1. The Subdivider will construct approximately 504'
lineal feet of0utlook Blvd. Street within Rancho Del Sol 5th
Subdivision ("the Subdivision") in the City of Pueblo, Colorado.
2. The Subdivider will file with the City Director of Public
Works ("Director") within 60 days after completing the street
improvements, a cost recovery statement to certify the actual costs
of the street improvements with receipts and other evidence of such
costs, and a list of the names and addresses of the record owners
and legal descriptions of property abutting the street improvements
verified by the Subdivider to be true and accurate together with
a certificate from the office of the Pueblo County Assessor.
'\
3. The Director will determine the cost recovery and
allocation to abutting property based upon the Subdivider's cost
recovery statement and other such information concerning the street
improvements which is reasonable in relation to the actual cost of
such development.
4. -The Director will send by first class mail Written notice
of the Director's determination to the Subdivider and the owners
shown on the Subdivider's verified list.
5. The City will require adjoining property owners, before
final approval of a subdivision pursuant to Section 12-4-12(e), to
develop their land, to deposit the amounts provided in the
Director's cost recovery statement together with interest at the
rate of eight percent (8%) per year for not more than ten (10)
years computed from the date the street improvements were accepted
by the City. Liability for the cost recovery shall be limited to
fifteen (15) years after acceptance of the street improvements by
the City.
PAGE 1 OF 3
6. The Subdivider shall perform or contract to have
performed the work to install and complete the street improvements
required for the Subdivision. Upon completion of the work, the
Subdivider shall furnish the Director with evidence satisfactory
to the Director that the Subdivider has fully paid the contractor
for all street improvement work.
This Agreement was executed on the above date.
SUBDIVIDER
CHAMPION REAL ESTATE, INC.
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on
January 25 , 199 5, by J. B. Champion, Jr., as President,
Si~c~i~]/c~e~YJ of Champion Real Estate, Inc., a Colorado Corporation,
Subdivider.
Witness my hand and official seal.
My commission expires:
March 11, 1998
=_~".,o~ L\C, P. 0. Box 11100, Pueblo, CO. 8100;
~.~"'. ...........".xD ,~j PUEBLO, A Municipal Corporation
By ~ .~~"
: Director of Public Works
PAGE 2 OF 3
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on
May 25 , 1995 , by Tcln Cvar , Director of
Public Works for Pueblo, a Municipal Corporation.
Witness my hand and official seal.
My commission expires: August 18, 1995
PAGE 3 OF 3