HomeMy WebLinkAbout05995Reception 1088882
08/04/1995
ORDINANCE NO. 5995
AN ORDINANCE APPROVING THE PLAT OF EDEN
SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION 1.
The final plat of Eden Subdivision, being a subdivi-
sion of land legally described as follows:
A portion of the NW 1/4 of the SW 1/4 of Section
14, T. 21 S., R. 65 W., of the 6th P.M., more
particularly described as follows:
Commencing at a point on the West line of said
SW 1/4 from which the SW corner of said Section
14 bears South, a distance of 2117 feet; thence
N.89 °20'E., a distance of 33 feet to the Point
of Beginning; thence North, a distance of 472.89
feet; thence N.89 °20 a distance of 368.45
feet; thence South, a distance of 472.89 feet;
thence 5.89 a distance of 368.48 feet to
the Point of Beginning, County of Pueblo, State
of Colorado, containing 3.992 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
Book: 2821 Page: 926 Chris C. Munoz
Page: 2 of 2 Pueblo Co.C1k.&Rec.
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.
.0 ,T„ly 1n , 1995
G
BY
John Cal ifano
Co ncil person
o r APPROVED
President of he Council
Acting Sty Clerk
6/26/95
Reception 1088884
08/04/1995
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this 19 -44- day of
of 199 , by and between the CITY OF PUEBLO, a Municipal
orporation, hereinafter referred to as "City ", and RUTH M. EDEN,
an individual, 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 EDEN SUBDIVISION, Subdivision, 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,
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Book: 2821 Page: 929 Chris C. Munoz
Page: 2 of 6 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 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
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Book: 2821 Page: 930 Chris C. Munoz
Page: 3 of 6 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: 2821 Page: 931 Chris C. Munoz
Page: 4 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 the seal of the Subdivider set hereon.
RUTH M. EDEN
• Subdivider
By x�- - -
(S E A L)
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this !&
day of C,- , 199 S by Ruth M. Eden, Subdivider.
,p`;' PVey
flAMONA L.
A RARE
ssion expires: I -atD- 199 9
-;� Q-� 0 f - "-� D 6-A-j -'5
Notary Public
Address:
'91,
. �► o �0
'ty Clerk
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
CITY OF PUEBLO, a Municipal Corporation
by
President of the Council
The foregoing instrument was acknowledged before me this 3rd
day of August , 199 , by Christian L. Weaver
as President of City Council, and Gina Dutcher as
City Clerk of the City of Pueblo, Colorado.
commission <res,�
of
w --! dd
;o '
'APPMtD AS TO FORM:
Cit "ttorney
26, 1999
Public _ I/
1004 W. Adams Avenue
Pueblo, CO 81004
-4-
Book: 2821 Page: 932 Chris C. Munoz
Page: 5 of 6 Pueblo Co.C1k.&Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT " A "
A portion of the NW 1/4 of the SW 1/4 of Section 14, T. 21 S., R.
65 W., of the 6th P.M., more particularly described as follows:
Commencing at a point on the West line of said SW 1/4 from which
the SW corner of said Section 14 bears South, a distance 2117 feet;
thence N.89 a distance of 33 feet to the Point of Beginning;
thence North, a distance of 472.89 feet; thence N.89 a
distance of 368.45 feet; thence South, a distance of 472.89 feet;
thence S.89 a distance of 368.48 feet to the Point of
Beginning. County of Pueblo, State of Colorado.
Containing 3.992 acres, total.
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Book: 2821 Page: 933 Chris C. Munoz
Page: 6 of 6 Pueblo Co.C1k.&Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: EDEN SUBDIVISION
DEVELOPER: RUTH M. EDEN
ENGINEER: KLH ENGINEERING CONSULTANTS, INC.
Curb & Gutter Concrete:
Driveway Cut: 2 EA @ $2000 /EA
Storm Sewer
Detention Basin:
0.6
AC
@
$15,000 /AC
Outlet Structure:
1
EA
@
$3,000 /EA
Concrete Spillway:
1
EA
@
$2,500 /EA
15" Poly Pipe
451.5
LF
@
$25.00 /LF
Concrete Slope
Protection
280
SF
@
$3.50 /SF
Rip Rap
60
CY
@
$50.00 /CY
Earthwork:
5000
CY
@
$1.50 /CY
TOTAL
$4,000.
9,000.
3,000.
2,500.
11,288.
980.
3,000.
7.500.
$41,268.
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 CONSULTANTS. INC.
REVIEWED BY: �i2 04
OK ) y � City of Pueblo
7910000.271
June 30, 1995
DATE
7/ elas-
DATE
mm