HomeMy WebLinkAbout05966Reception 1085432
07/03/1995
ORDINANCE NO. 9966
AN ORDINANCE APPROVING THE PLAT OF WESTRIDGE,
FILING NO. 1 SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION 1.
The final plat of Westridge, Filing No. 1 Subdivi-
sion, being a subdivision of land legally described as
follows:
A parcel of land in the SE 1/4 and the SW 1/4 of
Section 11, Township 20 South, Range 65 West of
the 6th P.M., being more particularly described
as follows:
Considering the centerline of Ridge Drive, as
platted in Outlook Subdivision, Filings No. 1,
3, and 4, according to the recorded plats thereof
to bear S.00 0 13 1 50 "E, and all bearings contained
herein being relative thereto.
Beginning at the Southwest corner of said Skyline
Park, Filing No. 1; thence S.89 °53'22" E., along
the South line of said Filing No. 1 and along the
South line of Lot 3, Block 10 in Outlook Subdivi-
sion, 4th Filing, according to the recorded plat
thereof, filed for record May 19, 1976, a distance
of 745.47 feet to the West right -of -way line of
Ridge Drive, as platted in said 4th Filing; thence
S.00 °13'50 "E., along said West right -of -way line,
• distance of 390.19 feet; thence S.89 °46'10" W.,
• distance of 797.45 feet; thence S.00 1 13 1 50 "E.,
• distance of 0.27 feet; thence S.89 0 46 1 10 "W., a
distance of 173.00 feet; thence N.00 °13'50 "W., a
distance of 396.24 feet to the said South line
extended of Skyline Park, Filing No. 1; thence
5.89 °53 E., along said South line extended,
a distance of 225.00 feet to the point of begin-
ning, containing 8.758 acres,
Book: 2814 Page: 449 Chris C. Munoz
Page: 2 of 2 Pueblo Co.Clk. &Rec.
is hereby approved; all dedicated streets, utility and
drainage easements, rights -of -way and land set aside
for public sites, parks and open spaces shown and
dedicated on said plat are hereby accepted for public use.
SECTION 2.
The acceptance of such dedicated streets, rights-
of -way, utility and drainage easements, public sites,
parks and open spaces by the City does not obligate the
City to maintain or repair same until such streets,
rights -of -way, utility and drainage easements, public
sites, parks and open spaces have been constructed and
installed in compliance and in accordance with the
requirements and provisions of Chapter 4, Title XII of
the 1971 Code of Ordinances, as amended and any agree-
ment entered into pursuant thereto.
SECTION 3.
This ordinance shall become effective immediately
upon final passage and approval.
INTRODUCED May 8 , 1995
By Charles Jones
Councilperson
APPROVE
resident o the Council
Acting ty Clerk
4/26/95
Reception 1085433
07/03/1995
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this 13 day of
of 1995, by and between the CITY OF PUEBLO, a
Munici al Corporation, hereinafter referred to as "City ", and ED
ROBINSON & ASSOCIATES, INC., a Colorado Corporation, hereinafter
referred to as "Subdivider ".
W I T N E S S E T H:
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 WESTRIDGE, FILING NO. 1 , 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(1)
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
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,
-1-
Book: 2814 Page: 451 Chris C. Munoz
Page: 2 of 10 Pueblo Co.C1k.&Rec.
provided, however, Subdivider shall undertake to provide a
turnaround of at least sixty (60 feet in diameter at the mid -
block point and barricade said streets so that no through traffic
shall be permitted beyond the point to which the estimate of the
Director of Public Works is based.
4. Within one hundred eighty (180) days after subsequent
application for a building permit to construct any building or
structure upon any building site within the block, or upon the
issuance of a certificate of occupancy for any such building or
structure, whichever is sooner, Subdivider shall likewise deposit
an amount not less than the estimate of the Director of Public
Works for all required improvements from existing improvements to
the proposed building site, less any previous deposits made
hereunder upon building sites lying between the most recently
proposed site and existing improvement.
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 owners) 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
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Book: 2814 Page: 452 Chris C. Munoz
Page: 3 of 10 Pueblo Co.Clk. &Rec.
monies in escrow to be used to complete the same. If sufficient
monies are available at the end of the required time to complete
all such improvements herein required for the entire length of such
block, the Director of Public Works shall cause all collateral or
monies in escrow to be reduced in cash and shall deposit the same
with the Director of Finance and such cash shall be used to
complete that portion of the improvements the Director of Public
Works shall determine. Until all improvements are completed and
approved by the Director of Public Works, Subdivider and the
subdivided land shall remain liable and responsible therefor.
10. For purposes of this Agreement, the word "block" shall
mean both tiers of lots fronting or abutting upon the street which
the proposed building or structure shall front to the rear property
line of such lots, or the center line of the alley, if there is an
alley, enclosed at either end by a street which intersects both
tiers of lots, and shall include the full width of all streets upon
which such lots abut.
11. Subdivider agrees to provide the City with a current title
insurance commitment at the time of final platting evidencing that
fee simple title of all lands in the Subdivision is totally vested
with the Subdivider free and clear of any and all encumbrances. If
such land is not free and clear, the holder of such indebtedness
shall subordinate its interest or encumbrance to this Agreement and
all its terms, conditions, and restrictions.
12. It is mutually agreed that the City or any purchaser of
any lot(s) within this Subdivision shall have the authority to
bring an action in any Court of competent jurisdiction to compel
the enforcement of this Agreement or any amendment thereto. Such
authority shall include the right to compel rescission of any sale,
conveyance, or transfer of any lot(s) or tract(s) contrary to the
provisions of the Ordinances of the City or this Agreement.
13. The parties hereto mutually agree that this Agreement may
be amended from time to time by mutual consent provided that such
amendment be in writing and be signed by all parties hereto.
14. This Agreement shall extend to and be binding upon the
successors and assigns of the City and upon the heirs,
administrators, executors, successors, assigns, and legal
representatives of Subdivider, and shall be placed on record in the
office of the County Clerk and Recorder Pueblo County, Colorado,
and shall constitute an agreement running with the land until
released as hereinabove set forth.
-3-
Book: 2814 Page: 453 Chris C. Munoz
Page: 4 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 the seal of the Subdivider set hereon.
P AY PV
O C
lif!M L.
(S E A L)
STATE OF COLORADO
COUNTY OF
ss.
ED ROBINSON & ASSOCIATES, INC.
a Colorado Corporation
Subdi 'der
Edward L. RZ194son, President
By
elen rz. Secretary
The foregoing instrument was acknowledged before me this
day of - Y - Y - ) o-, , 199 ,5 , by Edward L. Robinson, President
and Helen G R Secretary of ED ROBINSON & ASSOCIATES, INC.,
a Colorado Corporation.
My commission expires:
i- a (V -19g9
Notary Public
Address:
CITY OF UEBLO, a Municipal Corporation
by
\ • President of the Council
fA`bn� b City Clerk
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The f regoing instrument was acknowledged before me this --
day of 199 , by
OL� 'L• ,
as Presid4k of City Council, and a s
City Clerk of the City of Pueblo, Colorado.
My commission expires:
Qu.L
Notar Publ c
Addre s : /D
(S E A L) 3lZ
APPROVED AS TO FORM: =,
f
Ci orney
Book: 2814 Page: 454 Chris C. Munoz
Page: 5 of 10 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT " A "
A parcel of land in the SE1 /4 and the SW1 /4 of Section 11, Township
20 South, Range 65 West of the 6th P.M. being more particularly
described as follows:
Considering the centerline of Ridge Drive, as platted in Outlook
Subdivision, Filings No. 1, 3 and 4, according to the recorded
plats thereof to bear S.00 0 13 1 50 "E., and all bearings contained
herein being relative thereto.
Beginning at the Southwest corner of Skyline Park, Filing No. 1,
according to the recorded plat thereof, filed for record November
20, 1979; thence S.89 0 53 1 22 "E., (S.89 0 50 1 49" E.,plat), along the
South line of said Filing No. 1 and along the South line of Lot 3,
Block 10 in Outlook Subdivision, 4th Filing, according to the
recorded plat thereof, filed for record May 19, 1976, a distance of
745.47 feet to the West right -of -way line of Ridge Drive, as
platted in said 4th Filing; thence S.00 0 13 1 50 "E., along said West
right -of -way line, a distance of 390.19 feet; thence S.89 0 46 1 10 11 W.,
a distance of 797.45 feet; thence S.00 0 13 1 50 "E., a distance of 0.27
feet; thence 5.89 0 46 1 10 11 W., a distance of 173.00 feet; thence
N.00 °13 "W., a distance of 396.24 feet to the said South line
extended of Skyline Park, Filing No. 1; thence S.89 0 53 1 22 "E., along
said South line extended, a distance of 225.00 feet to the Point of
Beginning.
Containing 8.758 acres.
-5-
Book: 2814 Page: 455 Chris C. Munoz
Page: 6 of 10 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: WESTRIDGE, FILING NO. 1
DEVELOPER: ED ROBINSON & ASSOCIATES, INC.
ENGINEER: KLH ENGINEERING CONSULTANTS, INC.
ITEM QUANTITY PRICE TOTAL
CURB & GUTTER /CONCRETE
6 Ramp:
2,616
LF
@
$7.50 /LF
$19,620.
Square Pan:
3
EA
@
$400 /EA
1,200.
Cross Pan:
539
SF
@
$3.50 /SF
1,887.
Handicap Ramp:
7
EA
@
$350 /EA
2,450.
Square Pan /Transition:
2
EA
@
$700 /EA
1,400.
Section
40
LF
@
$30 /LF
1,200.
ASPHALT
3 Asphalt: 5,763 SY @ $13.50 /SY 77,801.
Compacted Subgrade
3/4" PMS Overlay: 800 SY @ $5 /SY 4,000.
SANITARY SEWER
8 PVC: 0' -12
1,415
LF
@
$19 /LF
26,885.
48" Manholes: 0' -12
8
EA
@
$1,200 /EA
9,600.
Wyes:
37
EA
@
$500 /EA
18,500.
Raise Manholes:
6
EA
@
$150 /EA
900.
Break into exist. MH
1
EA
@
$500 /EA
500.
Street Cut
40
LF
@
$30 /LF
1,200.
WATER
6" PVC:
366
LF
@
$12 /LF
4,380.
8" PVC:
1,022
LF
@
$14 /LF
14,308.
6 Gate Valve:
3
EA
@
$460 /EA
1,380.
8 Gate Valve:
3
EA
@
$600 /EA
1,800.
Permanent Blow -Off:
4
EA
@
$650 /EA
2,600.
Fire Hydrant:
3
EA
@
$2,300 /EA
6,900.
Assemblies (From Main
to FH)
Services:
37
EA
@
$400 /EA
14,800.
Raise Valve Boxes:
13
EA
@
$125 /EA
1,625.
Street Cut:
105
LF
@
$30 /LF
3,150.
Book: 2814 Page: 456 Chris C. Munoz
Page: 7 of 10, Pueblo Co.Clk. &Rec.
STORM SEWER
24" Poly Pipe:
42" RCP:
Type 1 -B Manhole:
Type 1 -C Manhole:
Type "S" Inlet
L = 10':
3' Concrete Low Flow
Pan:
Raise Manholes:
Remove Exist. 24" RCP:
Remove Exist. Type 1 -B
MH:
Remove Exist. 3' Conc.
Pan:
EARTHWORK
329
LF
@
$35 /LF
$11,515.
196
LF
@
$75 /LF
14,700.
1
EA
@
$1,300 /EA
1,300.
2
EA
@
$1,500 /EA
3,000.
1
EA
@
$2,600 /EA
2,600.
70
LF
@
$15.00 /LF
1,050.
1
EA
@
$150 /EA
150.
193
LF
@
$15 /LF
2,895.
1
EA
@
$500 /EA
500.
70 LF @ $5 /LF
50,000 CY @ $1.50 /CY
6 EA @ $450 /EA
STREET LIGHTS
4 EA @
$1,300 /EA
SUB TOTAL
(SITE)
OFFSITE - CULVERT CROSSING AT
RAWHIDE ROAD
Demolition: Asphalt; C &G;
Sidewalk; Conc.
Walls @
Channel:
LUMP SUM
Relocate 15 LF Exist.
33" RLP:
LUMP SUM
33" CL IV RCP:
116 LF @
$75 /LF
4 Roll Type Curb & Gutter
40 ±LF @
$15 /LF
4' Sidewalk:
40 ±LF @
$12 /LF
Headwall:
1 EA @
$2500 /EA
Concrete Apron:
300 SF @
$2.50 /SF
Finish Grading:
LUMP SUM
Seeding:
LUMP SUM
SUB TOTAL
( OFFSITE)
15% CONTINGENCY
TOTAL OFFSITE
GRAND TOTAL
350.
75,000.
2,700.
5,200.
$337,846.
2000.
500.
8,700.
600.
480.
2,500.
750.
1,000.
500.
$17,030.
2,500.
$19,585.
$357,431.
-7-
Book: 2814 Page: 457 Chris C. Munoz
Page: 8 of 10 Pueblo Co.C1k.&Rec.
This is an estimate only. Actual Construction costs may vary.
This estimate may not include all quantities and /or costs.
PREPARED BY: J. WILKERSON 4/27/95
DATE
FIRM: KLH ENGINEERING CONSULTANTS, INC.
REVIEWED BY: oZ
City of Pueblo ATE
OK ))6-
9406802.272
—8—
Book: 2814 Page: 458 Chris C. Munoz
Page: 9 of 10 Pueblo Co.C1k.&Rec.
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
This Addendum shall be incorporated in and become a part of
the (W ,1995 Subdivision Improvements Agreement for
Westridge Filing No. 1.
1. Subdivider will construct and install as part of the
required public improvements for Westridge, Filing No. 1,
improvements to the existing culvert crossing at Rawhide Road near
the north sub line of existing Outlook Subdivision, Filing No. 3.
Subdivider will construct improvements in accordance with approved
plans for said Westridge, Filing No. 1. The city of Pueblo will
replace and install base material, provide asphalt patching of
trench or trenches in the work area, and provide any overlays
deemed necessary by the City.
2. The City of Pueblo will make any necessary repairs to
existing drop structures in the existing drainage swale located
along the north line of Outlook Subdivision, Filing No. 3. The
City of pueblo will also make repairs to eroded sections of the
drainage swale lying east - northeast of Rawhide Road.
3. Subdivider will construct and install, as part of the
required public improvements for Westridge, Filing No. 2 ,
improvements to the existing culvert crossing at Wilderness Trail
near the north sub. line of existing Outlook subdivision, Filing
No. 3. Subdivider will construct improvements in accordance with
approved plans for said Westridge, Filing No. 1. the City of
Pueblo will replace and install base material, provide asphalt
patching of trench or trenches in the work area and provide any
overlays deemed necessary by the City.
4. The Subdivision Improvements Agreement as amended by this
Addendum shall remain in full force and effect until all required
improvements specified in paragraph 1 are completed by the
Subdivider and approved and accepted by the City of Pueblo.
Subdivider agrees to include the improvements described in
Paragraph 3 ( and the attached informational supplement) in the
Subdivision Improvements Agreement for Westridge, Filing No. 2 when
it is prepared.
Executed at Pueblo, Colorado as of 7 a15? , 1995.
*
flANA L.
NEE �
(S C O \ O
STATE OF COLORADO )
) ss.
COUNTY OF )
ED ROBINSON & ASSOCIATFS-, INC.
. Robinsai,, Pres
By
en G Robinson, Secretary
The foregoing instrument was acknowledged before me this
day of 7'77 , 199 , by Edward L. Robinson, President
and Helen G. 'Robinson, Secretary of ED ROBINSON & ASSOCIATES, INC.,
a Colorado Corporation.
My commission expires:- a�_��q� ....pp
_1� an,r,�,
Notary Public
Address:
Book: 2814 Page: 459 Chris C. Munoz
Page: 10 of 10 Pueblo Co.Clk. &Rec.
Li
AT
A
CITY OF PUEBLO, a Municipal Corporation
b
President of the Council
ik - K n5 Ci Clerk
STATE OF COLORADO)
)ss.
COUNTY OF PUEBLO )
The oregoing instrument was
day of ,199 , 1
as Presidbht of City Council, and
City Clerk of the City of Pueblo,
acknowledged before me this a / ,at
►y �.
•ter as
Colorado.
My commission expires:
Notar Public
Addre s:
( S E A L )
APPROVED AS TO FORM:
-10-
�%�,