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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