HomeMy WebLinkAbout05970Reception #: 1085435
07/03/1995
ORDINANCE NO. 5970
AN ORDINANCE APPROVING THE PLAT OF GATEWAY
PLAZA, FILING NO. 2 SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION 1.
The final plat of Gateway Plaza Filing No. 2 Subdivi-
sion, being a subdivision of land legally described as
follows:
All of Lot 2, Block 1 in Gateway Plaza, accord-
ing to the recorded plat threof, filed for
record March 17, 1995, containing 5.448 acres,
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: 2814 Page: 462 Chris C. Munoz
SECTION 3. Page: 2 of 2 Pueblo CO.Clk.&Rec-
This ordinance shall become effective immediately
upon final passage and approval.
-- VTJ ;C. INTRODUCED ma g , 1995
t r ' By Charles Jones
t k Councilperson
u
APPROVE
? r ident of the Council
Acting CEty Clerk
4/26/95
Reception #: 1085436
07/03/1995
#816 - Hwy. 50 & Outlook
Pueblo, CO
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this lob` day of
, of 199 6 , by and between the C I TY OF PUEBLO, a Mun i i pa 1
Corporation, hereinafter referred to as "City ", and ALBERTSON'S,
INC., a Delaware 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 GATEWAY PLAZA, FILING NO. 2, 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 X1 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 i ssuance of a cert i f i cate of occupancy f or any such bu i 1 d i ng 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 sha 1 1 deposit cash or other col lateral 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 sha11 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,
6
Book: 2814 Page: 464 Chris C. Munoz
Page: 2 of 6 Pueblo Co.Clk. &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 d e f a u l t . 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 c e r t i f i e s
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 S u b d i v i d e r within such block sha 1 1 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: 465 Chris C. Munoz
Page: 3 of 6 Pueblo Co.C1k.&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: 466 Chris C. Munoz
Page: 4 of 6 Pueblo Co.C1k.&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.
(S E A L)
STATE OF IDAHO )
) ss.
COUNTY OF ADA )
ss.
The foregoing instrument was acknowledged before me this
day of June , 199 5 , by William Arnold,Vice
President of Real Estate Law of Albertson's, Inc., a Delaware
Corporation, Subdivider.
My commis s,,i�aa. s pires:
s
OTA Notary ubli
• s
y Addres Boise, Id o
'• AU B LZC'
v S GO, r : c1� •• .• J
� O .
�' a`� ` °s 9T'•••••••'� .`CITY OF PUEBLO, a Municipal Corporation
O I'D
nr ) it t
. y - V '`F V
--ACang City Clerk
STATE OF COLORADO)
COUNTY OF PUEBLO )
The foregoing
day of June
President of City
Clp of the City
4 • �i�+ gmmi s s ion
o
ALBERTSON'S, INC.
a Delaware Corporation
Subdivider
By
William Arnold, Vice President of
Real Estate Law
b
President of the Council
instrument was acknowledged before me this 23rd
, 199 5 , by Christian L. Weaver , as
Council, and Gina Dutcher as =VjActing City
of Pueblo, Colorado.
expires: 3-7 "
--► Y P`d c A
E
iTE Z'
APPROVED AS TO FORM:
ss:
-4-
Book: 2814 Page: 467 Chris C. Munoz
Page: 5 of 6 Pueblo Co.C1k.&Rec.
SUBDIVISIO14 IMPROVEMENT AGREEMENT
EXHIBIT " A "
All of Lot 2, Block 1 in Gateway Plaza, according to the
recorded plat thereof, filed for record March 17,1995 .
Containing 5.448 acres.
—5—
Book: 2814 Page: 468 Chris C. Munoz
Page: 6 of 6 Pueblo Co.C1k.&Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: GATEWAY PLAZA FILING NO. 2
DEVELOPER: ALBERTSON'S, INC.
ENGINEER: KLH ENGINEERING CONSULTANTS, INC.
Sanitary Sewer Service: 1 EA @ $500 /EA = $500.
Water Service, 2 ": 1 EA @ $400 /EA = $400.
NOTE:
Service lines to be installed at time of initial construction of
new improvements for Gateway Plaza.
This is an estimate only. Actual Construction costs may vary.
This estimate may not include all construction costs.
PREPARED BY: J. WILKERSON
FIRM: KLH ENGINEERING CONSU LTANTS, INC.
REVIEWED BY: _ . - A"YY!
0 ��,� City of Pueblo
9404805.271
3/09/95
DATE
DATE
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