HomeMy WebLinkAbout05953Reception 1078132
04/26/1995
ORDINANCE NO. 5953
AN ORDINANCE APPROVING THE PLAT OF REGENCY
RIDGE SUBDIVISION, 2ND FILING
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION 1.
The final plat of Regency Ridge Subdivision, 2nd
Filing, 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 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 alleys adjacent to
said Blocks within Columbia Heights, according
to the recorded plat thereof filed for record
May 23, 1888 of the Pueblo County records,
Pueblo, Colorado, more particularly described
by meets and bounds as follows:
Beginning at a point on the North line of the
North 1/2 of the Southeast 1/4 of said Section
9, from which the center 1/4 corner of said
Section 9, (a 3 1/2" Alum.. cap marked C 1/4
Sec. 9) bears N 88 23' 48" W a distance of
39.30 feet:
Thence S.88 23' 48" E along said North line
and the South line of Regency Park, 4th Filing,
according to the recorded plat thereof as filed
in Book 1835 at Page 512 and 513 of the Pueblo
County records a distance of 849.30 feet;
Thence S O1° 36' 12" W a distance of 374.94 feet;
Thence S 19 59' 57" W a distance of 60.00 feet;
Thence S 20° 26' 56" W a distance of 110.00 feet;
Thence along a curve to the right a distance of
61.64 feet, said curve having a radius of 110.00
feet and a central angle of 32° 06' 23 ";
Thence S 37° 26' 40" E a distance of 176.72 feet;
Thence S 52° 33' 20" W parallel with the Northerly
right -of -way of Colorado Highway No. 78 a distance
of 473.66 feet;
Thence along a curve to the right a distance of
286.24 feet, said curve having a radius of 420.00
feet and a central angle of 39° 02' 52 ";
Thence N 88 23' 48" W parallel with the North line
of the North 1/2 of the Southeast 1/4 of said Section
9, a distance of 302.86 feet to a point on the East
line of New York Avenue of said Columbia Heights;
Thence N 00° 31' 22" E along said East line a
distance of 1100.43 feet to the point of beginning.
Said parcel contains 19.96 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 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.
Book: 2799 Page: 436 Chris C. Munoz
Page: 2 of 3 Pueblo Co.Clk. &Rec.
SECTION 3.
This ordinance shall become effective immediately
upon final passage and approval.
INTRODUCED MARCH 27 , 1995
By SAMUEL COFSENTINO
Cou ilperson
R
APPROVED
President of the Council
2/28/95
Book: 2799 Page: 437 Chris C. Munoz
Page: 3 of 3 Pueblo Co.Clk. &Kec.
Reception 1078133
04/26/1995
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this 6th day of March , 199 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, 2ND 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 treets so that no through traffic shall be permitted beyond the point to
which the estimate of the Dir ctor of Public Works is based.
4. Within one hu dred eighty (180) days after subsequent application for a building permit
to construct any building r structure upon any building site within the block, or upon the issuance of
a certificate of occup cy for any such building or structure, whichever is sooner, Subdivider shall
likewise deposit a mount not less than the estimate of the Director of Public Works for all required
improvements m existing improvements to the proposed building site, less any previous deposits
made here er upon building sites lying between the most recently proposed site and existing
improv ents.
Book: 2799 Page: 439 Chris C. Munoz
Page: 2 of 10 Pueblo Co.Clk. &Rec.
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 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 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 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.
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 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-
Toforegoir instrument was acknowledged before me this /, 3 � `day ,
of , 199 by �� ';"as President of
City CQun , , and as City Clerk of the City of Pueblo,
' � sm,expires:
JZ,
otary
Address:
�E
APPROVED AS TO FORM:
A
ity Attorney
591
Book: 2799 Page: 440 Chris C. Munoz
Page: 3 of 10 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.
Sub •eider
By
(SEAL)
STATE OF COLORADO
)
) ss.
COUNTY OF PUEBLO
)
The foregoing instrument was acknowledged
before me this Il j day
of _ �(} y /' , 199 S by
Subdivider.
My Commission expires:
x �'
Not Publ'
(S EA L)
Address:
'yj�
h `tom ,� ;.
y am , .
CITY OF PUPLO, a Municipal Corporation
President of the Council
9.
;y
y Cler
STA )R LORADO
}
' ) ss.
COUNTY OF PUEBLO
Toforegoir instrument was acknowledged before me this /, 3 � `day ,
of , 199 by �� ';"as President of
City CQun , , and as City Clerk of the City of Pueblo,
' � sm,expires:
JZ,
otary
Address:
�E
APPROVED AS TO FORM:
A
ity Attorney
591
Book: 2799 Page: 441 Chris C. Munoz
Page: 4 of 10 Pueblo Co.C1k.&Rec.
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 112 of the Southeast
114 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 alleys lying adjacent to said Blocks within Columbia
Heights, according to the recorded plat thereof filed for
record May 23, 1888 of the Pueblo County records, Pueblo,
Colorado. More particularly described by metes and bounds
as follows:
Beginning at a point on the North line of the North 112 of
the Southeast 114 of said Section 9, from which the Center
114 corner of said Section 9, (a 3 7 Alum. cap marked
C 114 Sec. 9) bears N 88' 23' 48" W a distance of 39.30
Feet:
Thence S 88' 23' 48" E along said North line and the
South line of Regency Park, 4th Filing according to the
recorded plat thereof as filed in Book 1835 at Pages 512
and 513 of the Pueblo County records a distance of 849.30
Feet:
Thence S 01' 36' 12" W a distance of 374.94 Feet:
Thence S 19' 59' 57" W a distance of 60.00 Feet:
Thence S 20' 26' 56" W a distance of 110.00 Feet:
Thence along a curve to the right a distance of 61.64 Feet,
said curve having a Radius of 110.00 Feet and a central
angle of 32' 06' 23":
Thence S 37' 26' 40" E a distance of 176.72 Feet:
Thence S 52' 33' 20" W parallel with the Northerly
Right of Way of Colorado Highway No. 78 a distance of
473.66 Feet:
Thence along a curve to the right a distance of 286.24 Feet,
said curve having a Radius of 420.00 Feet and a central
angle of 39' 02' 52 ":
Thence N 88' 23' 48" W parallel with the North line
of the North 112 of the Southeast 114 of said Section 9,
a distance of 302.86 Feet to a point on the East line
of New York Avenue of said Columbia Heights:
Thence N 00' J1' 22" F_ along said East line a distance
of 1100.43 Feet to the Point of Beginning.
Said Parcel containing 19.96 Acres, more or less.
Book: 2799 Page: 442 Chris C. Munoz
Page: 5 of 10 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: REGENCY RIDGE SUBDIVISION, 2ND FILING
DEVELOPER: REGENCY RIDGE DEVELOPMENT CO., LTD.
ENGINEER: ABEL ENGINEERING PROFESSIONALS, INC.
STREET IMPROVEMENTS
NAME: THAMES DRIVE
Remove 74 LF 21 " RCP, and plug = 1,000. 00
1 " Asphalt Overlay (PMS)
5.8 TONS @ $35 / TON = $203.00
Grade, Pavement (Including base and sub -base)
834 LF @ $49.50 / LF = $41,283.00
Curb and Gutter
1554 LF _, $7 / LF
= $10,878.00
Water Mains & Appurtenances
835 LF na, $44 / LF
= $36,740.00
Sanitary Sewer & Appurtenances
840 LF @ $47 / LF
= $39,480.00
48" RCP Storm Sewer Pipe
923.5 LF na, $79 / LF
= $72.956.50
42" RCP Storm Sewer Pipe
5 LF @ $70 / LF
= $350.00
27" RCP Storm Sewer Pipe
409.6 LF (a, $35 / LF
= $14.336.00
15" RCP Storm Sewer Pipe
117 LF @a, $25 / LF
= $2,925.00
Curb Inlet (Type W) 20 feet
2 EA a, $8000 EA
= $16.000.00
Book: 2799 Page: 443 Chris C. Munoz
Page: 6 of 10 Pueblo Co.Clk. &Rec.
REGENCY RIDGE, 2ND
PAGE 2
Curb Inlet (Type W) 12 feet
1 EA @ $4800 EA
Curb Inlet (Type W) 10 feet
2 EA Cc�r�, $4000 EA
Street Lighting
3 EA @ $1200 EA
Monument Box
4 EA a, $450 EA
Type 3 Barricade, L = 24'
1 EA @ $1000 EA
Type IC Manhole
3 EA @ $1800 EA
Square Pan Radius, Concrete Pan
7" Reinforced Concrete
6 EA a, (380 SF na_, $3.50 / SF) EA
TOTAL
NAME: NORTH TAMAR COURT
Grade, Pavement (Including base and sub -base)
36' Street 155 LF (cry $49.50 / LF
Culdesac 571 SY $13.50 / SY
Curb & Gutter
528 LF @ $7.50 / LF
Water Mains & Appurtenances
257 LF @ $41 / LF
Sanitary Sewer & Appurtenances
235 LF na, $47 / LF
Street Lighting
1 EA @ $1200 EA
Monument Box
1 EA @ $450 EA
TOTAL
$ 4,800.00
$ 8,000.00
=$3.600.00
1 800.00
_ $1,000.00
$ 5,400.00
$ 7 , 980.00
_ $268,731.50
= $7
= $7,708.50
$ 3,960.00
_ $10,537.00
_ $11,045.00
$ 1,200.00
450.00
_ $42,573.00
Book: 2799 Page: 444 Chris C. Munoz
Page: 7 of 10 Pueblo Co.Clk. &Rec.
REGENCY RIDGE, 2ND
PAGE 3
NAME: SOUTH TAMAR COURT
Grade, Pavement (Including base and sub -base)
36' Street 456 LF m $49.50 / LF = $22,572.00
Offset Culdesac 615 SY @ $13.50 / SY = 8 302.50
Curb & Gutter
1161 LF n, $7.50 / LF
= $8,707.50
Water Mains & Appurtenances
551 LF n, $41 / LF
= $22,591.00
Sanitary Sewer & Appurtenances
553 LF @ $47 / LF
= $25.991.00
Street Lighting
2 EA a, $1200 EA
= $2,400.00
Monument Box
2 EA e , $450 EA
= $900.00
TOTAL = $91,464.00
NAME: NORTH TRENT COURT
Grade, Pavement (Including base and sub -base)
36' Street 155 LF $49.50 / LF = $7,672.50
Culdesac 571 SY a $13.50 / SY = $7308.50
Curb & Gutter
528 LF na_, $7.50 / LF
= $3,960.00
Water Mains & Appurtenances
257 LF n, $41 / LF
= $10
Sanitary Sewer & Appurtenances
235 LF @ $47 / LF
= $11.045.00
Street Lighting
1 EA @ $1200 EA
= $1,200.00
Monument Box
1 EA n, $450 EA
=
TOTAL = $42,573.00
Book: 2799 Page: 445 Chris C. Munoz
Page: 8 of 10 Pueblo Co.C1k.&Rec.
REGENCY RIDGE, 2ND
PAGE 4
NAME
SOUTH TRENT COURT
Grade, Pavement (Including base and sub -base)
36' Street 386 LF @ $49.50 / LF
Offset Culdesac 615 SY @ $13.50 / SY
Curb & Gutter
1021 LF @ $7.50 / LF
Water Mains & Appurtenances
481 LF n, $41 / LF
Sanitary Sewer & Appurtenances
483 LF @ $47 / LF
Street Lighting
2 EA @ $1200 EA
Monument Box
2 EA ng, $450 EA
TOTAL
NAME: NORTH MERSEY COURT
Grade, Pavement (Including base and sub -base)
36' Street 155 LF cr $49.50 / LF
Culdesac 571 SY (7a $13.50 / SY
Curb & Gutter
528 LF @ $7.50 / LF
Water Mains & Appurtenances
257 LF @ $41 / LF
Sanitary Sewer & Appurtenances
235 LF @a, $47 / LF
Street Lighting
1 EA @ $1200 EA
Monument Box
1 EA @ $450 EA
1119irm
_ $19.107.00
$ 8,302.50
_ $7.657.50
_ $19.721.00
$ 2Z70
$ 2,400.00
900.00
_ $80,789.00
$ 7,672.50
= $7,708.50
$ 3,960.00
= $10,537.00
$ 11,045.00
_ $1.200.00
450.00
_ $42,573.00
Boot: 2799 Page: 446 Chris C. Munoz
Page: 9 of 10 Pueblo Co.Clk. &Rec.
REGENCY RIDGE, 2ND
PAGE 5
NAME: SOUTH MERSEY COURT
Grade, Pavement (Including base and sub -base)
36' Street 240 LF na $49.50 / LF = $11,880.00
Culdesac 551 SY n $13.50 / SY = $7,438.50
Curb & Gutter
701 LF @a, $7.50 / LF
= $5,257.50
Water Mains & Appurtenances
330 LF n, $41 / LF
= $13,530.00
Sanitary Sewer & Appurtenances
324 LF (cam $47 / LF
= $ 15,228.00
Street Lighting
1 EA @ $1200 EA
= $1,200.00
Monument Box
2 EA @ $450 EA
TOTAL
NAME: NORTHERN AVENUE (Deceleration Lane)
Grade, Pavement (Including base and sub -base)
2295 SF @ $1.50 / SF
Striping (570 LF)
Seeding (.3 AC)
TOTAL
OTHER IMPROVEMENTS
Grading
25,000 CY (cam $1.50 / CY
Temporary Berm
570 CY @ $3.00 / CY
TOTAL
900.00
= $55,434.00
$ 3,442.80
200.00
500.00
= $4,142.80
= $37,500.00
= $1.710.00
= $39,210.00
GRAND TOTAL ................ = $667,490.30
REGENCY RIDGE, 2ND
PAGE 6
PREPARED BY: JOHN D. CHRISMAN DATE: APRIL 3, 1995
FIRM: ABEL ENGINEERJNG PROFESSIONALS, INC.
REVIEWED BY: �//?
CITY OF PUEBLO DATE
0 k 'Acm