HomeMy WebLinkAbout05982Reception 1087450
07/21 /1995
ORDINANCE NO. 5982
AN ORDINANCE AMENDING ORDINANCE NO. 5933
TO CORRECT LEGAL DESCRIPTION CONTAINED IN
SECTION 1 THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
that:
SECTION 1.
The legal description contained in Section 1 of Ordinance
No.5933 is hereby amended to read as follows:
A portion of the SW 1/4 of the SE 1/4 of the NW 1/4,
Section 28, Township 20 South, Range 64 West of the
6th P.M. County of Pueblo, State of Colorado, more
particularly described as follows:
Beginning at the Southwest corner of Block 1, Lee
Edwards Addition according to the recorded plat
thereof, filed for record June 4, 1951, from which
the Southwest corner of Lee Edwards Addition (Found
Axle) bears S 00° 00' 13" W, a distance of 59.95 feet;
Thence S 90 00' 00" W parallel with and 30 feet North
of the Survey Monument line of 13th Street, a distance
of 229.68 feet to the centerline of Amarillo Avenue
extended North; Thence S 89° 58' 20" W along the
North line of a 60 foot wide strip of land conveyed
to Pueblo, A Municipal Corporation, in instrument
recorded August 23, 1967 in Book 1620 at Page 675
of the Pueblo County records a distance of 230.00
feet; Thence N 00 O1' 04" W a distance of 100.00
feet; Thence N 89 58' 20" E a distance of 230.10
feet to the centerline of Amarillo Avenue extended
North; Thence N 90 00' 00" E a distance of 229.64
feet to the West line of Block 1 of said Lee Edwards
Addition; Thence S 00 00' 13" W along said West
line a distance of 100.00 feet to the point of
beginning. Said parcel contains 1.06 acres, more
or less.
SECTION 2.
Ordinance No. 5933 as amended in Section 1 hereof is
hereby approved, confirmed and ratified.
Book: 2818 Page: 615 Chris C. Munoz
Page: 2 of 2 Pueblo Co.Clk. &Rec.
SECTION 3.
This ordinance shall become effective immediately upon
final passage and approval.
' ATTEST
Actin City Clerk
c-
INTRODUCED June 12 , 1995
By Sam Corsentino
Councilperson
APPROVED l v l a"1 1—
President of the Couincil
5/31/95
Reception #: 1087451
07/21/1995
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this � day of , 1995 by and between the
CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City" and
Sabio Concialdi, Frances C. Concialdi, & Housing Authority of the City of Pueblo
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 AMENDED
SAGEBRUSH HEIGHTS SUBDIVISION 1 ST 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 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
improvements.
4-
Book: 2818 Page: 617 Chris C. Munoz
Page: 2 of 6 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-
Book: 2818 Page: 618 Chris C. Munoz
• Page: 3 of 6 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.
Subdivider �
(SEAL)
STATE OF COLORADO
) ss.
COUNTY OF PUEBLO
The foregoing instrument was acknowledged before me this l C) day
of _ u u _ , 1995 , by `JE b d O�r�c� C • a n of d ;
Subdi vider,)
My Q 1 / ' on expires: �•���
J Y•y f�tt�•'1 Gr'���bp
Notary Pubic
(S E L�• A
A, ddress: QA
Ki M' A.
COx
(S E A L)
STATE OF COLORADO
) ss.
COUNTY OF PUEBLO
The foregoing instrument was acknowledged before met 's I ( ay
of , 199 by , i
Subdivider. _
(S E
� t
My Commission
KATHY A.
i COX
F OF'Cd�.
expires: Sy-k : cj , ng7S
Notary Pubh
Address:] c
CITY OF UEBLO, a Municipal Corporation
By �..., 2 Gr/
President of the Council
• ,_ '.�} ' , "bft"City Clerk
r ' _WATE OF COLORADO
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this lk4 day
of 199 b}( ca[a«r as president of
City CoLYncil, and as City Clerk of the City of Pueblo,
Colorado.
. -My commission expires: -3-7
(S� A L)
c .
AF Qj'$I A 'TO FORM:
U
y ftorney
a
Notary blic nn
Addres .
-3-
Book: 2818 Page: 619 Chris C. Munoz
Page: 4 of 6 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
KNOWN ALL MEN BY THESE PRESENTS: That Sabio Concialdi,
Frances C. Concioldi, and Housing Authority of the City of
Pueblo, being the sole owner of the following described
property;
A portion of the SW 114 of the SE 114 of the NW 114,
Section 28, Township 20 South, Range 64 West, of the 6th
P.M., County of Pueblo, State of Colorado, more particularly
described as follows:
Beginning at the Southwest corner of Block 1, Lee Edwards
Addition according to the recorded plat thereof, filed
for record June 4, 1951, from which the Southwest corner
of Lee Edwards Addition (Found Axle) bears S 00' 00' 13" W
a distance of 59.95 Feet:
Thence S 90' 00' 00" W parallel with and 30 Feet North of
the Survey Monument line of 13th Street a distance of 229.68
Feet to the centerline of Amarillo Avenue extended North:
Thence S 89' 58' 20" W along the North line of a 60 Foot
wide strip of land conveyed to Pueblo, A Municipal
Corporation, in instrument recorded August 23, 1967 in Book
1620 at Page 675 of the Pueblo County records a distance
of 230.00 Feet:
Thence N 00' 01' 40" W a distance of 100.00 Feet:
Thence N 89' 58' 20" E a distance of 230.10 Feet to the
centerline of Amarillo Avenue extended North:
Thence N 90' 00' 00" E a distance of 229.64 Feet to the
West line of Block 1 of said Lee Edwards Addition:
Thence S 00' 00' 13" W along said West line a distance
of 100.00 Feet to the Point of Beginning:
Said parcel contains 1.06 Acres, more or less.
Book: 2818 Page: 620 Chris C. Munoz
Page: 5 of 6 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: SAGEBRUSH HEIGHTS SUBDIVISION, 1 ST FILING
DEVELOPER: PUEBLO HOUSING AUTHORITY
ENGINEER: ABEL ENGINEERING PROFESSIONALS, INC.
STREET IMPROVEMENTS
NAME: EAST 13TH STREET
1.
Pavement
2.
Curb and Gutter
3.
Sidewalk
4.
Sanitary Sewer
5.
and Appurtenances
5.
Temporary Culdesac
6.
Pavement
6.
Street Lighting
736 SY @ $13.50 / SY
= $9,936.00
235 LF @ $ 7.00 / LF
= $1,645.00
211.5 LF @ $2.00 / LF
= $423.00
246 LF @ $47.00 / LF
= $11,562.00
600 SY @ $13.50 / SY
1 EA @ $1200.00 EA
TOTAL
= $8,100.00
= $1,200.00
= $32,866.00
NAME: AMARILLO AVENUE
1.
Pavement
2.
Curb and Gutter
3.
Sidewalk
4.
Handicapped Ramp
5.
Water Mains
and Appurtenances
6.
Sanitary Sewer
and Appurtenances
7.
Type 3 Barricade
8.
Street Lighting
409 SY @ $13.50 / SY
206.5 LF @ $ 7.00 / LF
206.5 LF @ $2.00 / LF
1 EA @ $250.00 EA
141 LF @ $25.00 / LF
130 LF @ $21.00 / LF
1 EA @ $1000.00 EA
1 EA @ $1200.00 EA
= $5,521.50
= $1,445.00
= $413.00
$250.00
= $3,525.00
TOTAL
= $2,730.00
= $1,000.00
= $1,200.00
= $16,085.00
Book: 2818 Page: 621 Chris C. Munoz PAGE2
Page: 6 of 6 Pueblo Co.Clk. &Rec.
OTHER IMPROVEMENTS
1. Detention Facility 0.94 ACRES @ $20,000.00 /ACRE = $1,880.00
with Landscaping
2. Outlet Structure 2 EA @ $500.00 EA = $1,000.00
and Appurtenances
TOTAL = $2,880.00
GRAND TOTAL ................... = $51,831.00
PREPARED BY: JOHN D. CHRISMAN DATE: JANUARY 16, 1995
REVISED
FIRM: ABEL ENGINEERING PROFESSIONALS INC.
REVIEWED BY: LL W & DATE:
0 K �� " CITY OF PUEBLO