HomeMy WebLinkAbout06033Reception 1102796
12/06/1995
ORDINANCE NO. 6033
AN ORDINANCE APPROVING THE PLAT OF RANCHO DEL SOL
SUBDIVISION, SIXTH FILING
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION 1.
The final plat of Rancho Del Sol Subdivision, Sixth
Filing, being a subdivision of land legally described as
follows:
A portion of land located in the West 1/2 of the
Northwest 1/4, Section 13, Township 20 South,
Range 65 West of the 6th P.M., City of Pueblo,
State of Colorado, more particularly described
as follows:
All of Block 4, Rancho Del Sol Fifth Filing,
according to the recorded plat thereof filed
for record in Book 2807 at Page 646, Pueblo
County Records. Said parcel contains 2.73
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,
Book: 2850 Page: 581 Chris C. Munoz
Page 2 of 2 Pueblo Co.C1k.&Rec.
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.
3� {
O sY tJCaCp, ta
Y
O T b tier,,, azr
ATT
INTRODUCED Nmmmber 1 , 1995
By John Califano
Councilperson
APPROVE
President of the Council
1 = rk
10/31/95
Reception 1102797
12/06/1995
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this 27th day of ,soyen t r , 1995. by and
between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City" and
CHAMPION REAL ESTATE. INC. , 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 RANCHO DEL
SOL, SIXTH 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(n 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.
-1-
Book: 2850 Page: 583 Chris C. Munoz
Page: 2 of 5 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: 2850 Page: 584 Chris C. Munoz
Page: 3 of 5 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 acting officers and the seal of the Subdivider set hereon.
Aubdivide
(SEAL)
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
he foregoing instrument was acknowledged before me this / 71Uy _
Of AICAALM hLe 1995 by ,,1/3�'rr,�,�
Subdivider.
My Commission expires:
qi lggq
(SEAL
KA a , �N A.
' COX ,
Or Vs
01
0
STATE OF COLORADO
ss.
COUNTY OF PUEBLO
The foregoing instrument was acknowledged before me this 5th d
of . December , 199 5 , by ChrivWeavas President of
City Council, and Gina Dutcher as City Clerk of the City of Pueblo,
Colorado.
minission expires: 8/21/99
4 � AU�lt
i
OF
` ,VPRO 'AS TO FORM:
i
i
y Attorney
Notary PublCq j
Address: , j
CITY OF P BLO, a Municipal Corporation
By
President of the Council
930 Farabaugh Lane, Pueblo, CO 81005
Notary Public
Address:
-3-
Book: 2850 Page: 585 Chris C. Munoz
Page: 4 of 5 Pueblo Co.C1k.&Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
A portion of land located in the West 1/2 of the Northwest 1/4, Section 13, Township 20
South, Range 65 West, of the 6th P.M., City of Pueblo, State of Colorado, more
particularly described as follows:
All of Block 4, Rancho Del Sol, Fifth Filing, according to the recorded plat thereof, filed
in Book 2807 at Page 646, Pueblo County Records.
Said parcel contains 2.73 Acres, more or less.
Book: 2850 Page: 586 Chris C. Munoz
Page: 5 of 5 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: RANCHO DEL SOL, SIXTH FILING
DEVELOPER: CHAMPION REAL ESTATE, INC.
ENGINEER: ABEL ENGINEERING PROFESSIONALS, INC.
STREET IMPROVEMENTS
NAME: FORTINO BOULEVARD
Grade, Pavement (Including base and sub -base)
675 LF @ $93.00 / LF = $62,775.00
Curb & Gutter
1283 LF (2 $7.80 / LF = $10,007.40
Monument Box
1 EA g $450 EA = $450.00
Street Lighting
1 EA g $1,200 EA = $1,200.00
TOTAL = $74,432.40
NAME: PASEO DEL NORTE
Grade, Pavement (Including base and sub -base)
460 LF (a7
$60.50 / LF
= $27,830.00
Curb & Gutter
936 LF (cry
$7.80 / LF
= $7,300.80
Monument Box
2 EA @ $450 EA
= $900.00
Street Lighting
1 EA @a,
$1,200 EA
= $1,200.00
TOTAL = $37,230.80
GRAND TOTAL ................ = $111,663.20
PREPARED BY: JEFF BAILEY DATE: NOVEMBER 9, 1995
FIRM: ABEL ENGINEERING PROFESSIONALS, INC.
REVIEWED BY: �� 9_vv� /A -/ - � S�
0 CITY OF PUEBLO
Reception 1102798
12/06/1995
AGREEMENT TO PARTIALLY RECOVER
STREET IMPROVEMENT COSTS
This Agreement is made on November 27 , 19 between Pueblo,
a Municipal Corporation ("City" and CHAMPION REAL ESTATE, INC.
( "Subdivider ").
WITNESSETH:
WHEREAS, under Section 12 -4 -12 of the 1971 Code of Ordinances
of the City of Pueblo, when a subdivider is required to construct
or install street improvements through or adjacent to property not
in the subdivider's subdivision, the subdivider must pay the entire
cost of such street improvements, but is later eligible to recover
a portion of the costs.
In consideration of the above ordinance and covenants, it is
agreed as follows:
1. The Subdivider will construct approximately 675
lineal feet of FORTINO BLVD. Street within RANCHO DEL SOU, SIXTH FILIN
Subdivision ( "the Subdivision ") in the City of Pueblo, Colorado.
2. The Subdivider will file with the City Director of Public
Works ( "Director ") within 60 days after completing the street
improvements, a cost recovery statement to certify the actual costs
of the street improvements with receipts and other evidence of such
costs, and a list of the names and addresses of the record owners
and legal descriptions of property abutting the street improvements
verified by the Subdivider to be true and accurate together with
a certificate from the office of the Pueblo County Assessor.
3. The Director will determine the cost recovery and
allocation to abutting property based upon the Subdivider's cost
recovery statement and other such information concerning the street
improvements which is reasonable in relation to the actual cost of
such development.
4. The Director will send by first class mail written notice
of the Director's determination to the Subdivider and the owners
shown on the Subdivider's verified list.
5. The City will require adjoining property owners, before
final approval of a subdivision pursuant to Section 12- 4- 12(e), to
develop their land, to deposit the amounts provided in the
Director's cost recovery statement together with interest at the
rate of eight percent (8%) per year for not more than ten (10)
years computed from the date the street improvements were accepted
by the City. Liability for the cost recovery shall be limited to
fifteen (15) years after acceptance of the street improvements by
the City.
PAGE 1 OF 3
Book: 2850 Page: 588 Chris C. Munoz
Page: 2 of 3 Pueblo Co.C1k.&Rec.
6. The Subdivider shall perform or contract to have
performed the work to install and complete the street improvements
required for the Subdivision. Upon completion of the work, the
Subdivider shall furnish the Director with evidence satisfactory
to the Director that the Subdivider has fully paid the contractor
for all street improvement work.
This Agreement was executed on the above date.
SUBDIVIDER
By:
STATE OF COLORADO)
ss.
COUNTY OF PUEBLO )
, , � , / / The foregoing instrument was acknowledged before me on
/VQ✓[11Q2U /7 , 199 by . f�3 � _jr -( ,� //!/
Subdivider.
Witness my hand and official seal.
My commission expires:
KATHY A.
Cox � y
A0 . 4
No ary lic
PUEBLO, A Municipal Corporation
By: _ i 2/
Director of Public Works
PAGE 2 OF 3
Book: 2850 Page: 589 ueblo Co.C1kU
P age: 3 of 3 &Rec.
STATE OF COLORADO)
ss.
COUNTY OF PUEBLO )
A . The foregoing instrument as acknowledged before me on
/ , 199 , by a_o__e , Director of
Public Works for a Municipal Corporation.
Witness my hand and official seal.
My, commission expires:
C) .: * : Notary Public
� ca
`
r "
:, F �, .
PAGE 3 OF 3