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HomeMy WebLinkAbout06042Reception 1104099 12/18/1995 ORDINANCE NO. 6042 AN ORDINANCE APPROVING THE PLAT OF VERSAILLES TOWNHOMES SUBDIVISION NO. 1, A SPECIAL AREA PLAN AMENDMENT NO. 1 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The final plat of Versailles Townhomes Subdivision, Filing No. 1, A Special Area Plan Amendment No. 1, being a subdivision of land legally described as follows: All of Block 16 in Starlite Hills 5th Filing, according to the recorded plat thereof, filed for record January 13, 1976, 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 Book: 2853 Page: 705 Chris C. Munoz Page: 2 of 2 Pueblo Co.C1k.&Rec. 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. ��LG.�Ot tl A . 1 H � � F .. INTRODUCED November 27 , 1995 By Charles Jones Counc'lperson APPROVE President of the Council Ci�y Clerk 11/27/95 Reception 1104100 12/18/1995 SUBDIVISION I1APIZOVEMEi TS AGiZECMEIJT THIS A0I11:1 :ti1GlJT made grid er►lerecl into tills 27th day of November 19 95 by and belweet► li►e CITY or PUEBLO, a Murtic -51 t:or�wr�ttion, flat - iaiier referr to as "City," and Colum P roperties LLC Tier einalter referred to as s Ic Iv l der. l W I T iJ L" S S E 'T f i: WIIGIZEAS, Subdivider has subdivided or is about to subdivide a certain tract of land located In the City and legally described as set forth In Exhlblt "A," which is attached hereto and incorporated herein; and WIIEIZCAS, the Subdivider, as a condition of approval of the final plat of Versai Townhomes Subdi vision, Filing No; 1, A Special Area Ma wishes to enlel `ility l ti Su�ivisi�ti iitthrove►nents Agreettient, as Amendment No.1 authorized by Chaplet 4, Title XII of ilia 1971 Code of ordinances; and WIWIZE_AS Subdivider is required pursuant to Section 12- 11 =7(J) of the 1971 Code of OrdMances of llte City to construct and install certain public improven►enls as set forth in Exhfblt "13", which is attached hereto and fncurporated herein; and WIICiZEAS, pursuant to Chapter 4, Tllle XII of tite 1971 Code of Ordinances, Subdivider Is .oblitlated to provide security or collateral sufficient .fn the judgment of the City Council, to inalte reasonable provisions for the construction and completion of the required public fntprovenrents set forth In Exhibit 43 ". NOW 'Tl1EiZCi'OfZL" In consfderntion of tite following n►utual covenants and agreements, the City a►►d Subdivider agree as follows: i. Subdivider ntirees within one hundred nrnd eighty (100) days after appifcallon for a building pertl►fl to construct any building or structure on nny buildh►cl site within the subdivision, or upon the Issuance of a cerlificate 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 11 13," which is attached hereto and Incorporated herein. 2. In Ifeu of Installing the' required public Improvements' set forth In Exhibit 43" within one hundred eighty (i001 days, Subdivider - or any subsequent owner of ilia land or any portion thereof shall deposit cash or other cvllaleral with ll ►e virectvr of finance of the City, or with any bank or trust company licensed in Ilia Stale of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or cvllaleral shall pay 711 or uny portion thereof to the City upon demand after Ilse time for contplelbn of all required improvements by Subdivider or subsequent owner shall have expired. Such deposit or escrow ngreentent shall be hereinafter referred to as the "deposit." 3. 'fie htnount of the deposit shall be computed by lire City's Ufrector of i "WAIc harks by r_stitrtalIlly tite total costs of all uncompleted improvements required by thls section Nvithin 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 estlmale plus Ilia costs of extendina all required sewer and water lines train ilia nearest exislhtt) sr_wr_r and water lines to the proposed building site for which a bulidlnU permit is sought, plus the costs of extending curb, gutter, l at)e one of four 1 Book: 2853 Page: 707 Chris C. Munoz Page: 2 of 6 Pueblo Co.C1k.&Rec. 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 (I, pail) feel in length between intersecting streets, the estimate of the City Director of Public Works under this paragrnph nray he reduced to the total costs of all uncompleted Improve- ments in nt least one -half of such block, and the required deposit shall be based upon such decreased estimate, provided, however, Subdivider snail undertake to provide a turnaround of at least sixty (60) feet in diameter at the nrid -block point and barracade said streets so that no through traffic shall be permitted beyond the point to which the estimate of lire Director or Public Worlcs is based. If. 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 or a certificate of occupancy for any such building or structure, whichever is sooner, Subdivider shall likewise deposit an amount not less Bran the estimate of the Director or Public Works for all required Improvements from existing Improvements to the proposed building site, less any previous deposits trade hereunder upon building sites lying between the most recently proposed site and existing improvement. S. The City may treat the amount of such deposit as a debt due lice City train 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 lilt- office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City wtlhlrr six (G) years from the date of filing such lien for record. All remedies provided for herein are cumulative and the use of one shall not prohlbil ilia use of another. 6. Upon pnyment 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 requireme_nls of Section 12- 1 1-7(J) of the 1971 Code of Ordinances, Subdivider specifically agrees that no building permit or certificate of occupancy shall be issued by (lie Pueblo Regional Building Department until a certificate of compliance has been approved and issued by ilia City Director of Public Works and duly recorded in ilia Office or the Pueblo County Clerk and Recorder wliicli certifies that those public improvements set forth In Exhibit "13, 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. 'riiese restrictions an the issuance or buildinq permits and cert- ificates 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. U. Acceptance of this SllbdiViSion by the City does not constitute an acceplance of the roads, park, and other public improvements for maintenance by the City. Until such roads and other park and public intproventr+.nls have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances, and any applicable Pat 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, pnric and other public improvements and rights of way are tine sole responsibility of ilia Subdivider or any subsequent owner(s) of the land within this Subdivision. Page two of lour Book: 2853 Page: 708 Chris C. Munoz Page: 3 of 6 Pueblo Co.Clk.6tiec. 9. The required time for completion of all such improvements by Subdivider within such blocic shall be one (1) year from the date of application for tine first building permit issued within such blocic. Upon completion and written approval and acceptance of suci) Improve- ments within the required time and the payment of ail Inspection costs by Subdivider, the Director of Public Works shall cause all obligations of Subdivider relating to such improvements within such blocic to be released. I f 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 and of the required time to complete all such improvements herein required for the en tire • length of such block, the Director of Public Worlcs shall cause all collateral or monies irn 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 Worlcs shall determine. Until all improvements are completed and approved by the Director of Public Worlcs, Subdivider and the subdivided land shall remain liable and responsible therefore. 1U. ror purposes of this Agreement, the word "blocic" shall mean bolls 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 lime 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 Folder 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 sliall have ilie authority to bring an actbn 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 lots) or tract(s) contrary to the provislons of the Ordinances of the City or this Agreement. Such action, however, shall be commenced prior to the issuance of a building permit or prior to commencement of construction on any lot(s) or tract(s) of land. 13. Tile 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. Ili. This Acireemenl shall extend to and be binding upon the successors and assigns of the City and upon the heirs, administrators, executors, successors, assigns, acid legal representatives of Subdivider, and shall be placed on record in the office of the County Cleric and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land unlit released as hereirnabove set forth. Page llu of four Boor: 2853 Page: 709 Chris C. Munoz Page: 4 of 6 Pueblo CO.Clk.&Rec. IN WITNESS WIIEREOr, the parties hereto have caused .this Agreement to be executed avid bttested by Its duly authorized arid acting officers and the seal of the Subdivider set hereon. Columbia Properties LLC by T -E -H Develov_ ers, Inc., as Manager �; • : Subdivider SEAL • ... .(SEAL) 4lulll;t;" Thomas E. Hausman, President STATE Or COLORADO) 1! Pilso ) ss . COUNTY or P####f4 ) The loregoing Instrument was acknowledged before me this 27th day of November 19 9 , by Thomas E, Hausman, Pre sident T -E-H Devietapers, c. ; as Manager o Co lumbia Properties T.T,r Subdivider My (S E Ia) ••, s� q X0 1 • T a i►1 slo expires zAg ft- , Y 9 Z Notary 0 Address: 465 Cherry Is Way Colorado Springs, CO 80921 • U B OsseI. oo CITY OF i UEBLO, a Municipal Corporation By Tres ent of l le Counc City CI Ic STATE O COLORAW ) ) ss. COUNTY O PUEBLO ) The foregoing instrument was acknowledged before me this a day of 1VoyemLer 19 95 , by Oj, � as President President of the City Council, and CaL na D y4,4 -er- as City_ Clerk of the City of Pueblo, Colorado. L • ��'�M GQ milliss loll expires. • i1. c ►.E ) Addr ; � City nllf�rlll'y 1'09r. foul Book: 2853 Page: 710 Chris C. Munoz Page: 5 of 6 Pueblo Co.Clk. &Rec. EXHIBIT "A" Block 16, Starlite Hills Subdivision, 5th Filing. Book: 2853 Page: 711 Chris C. Munoz Page: 6 of 6 Pueblo Co.C1k.&Rec. EXHIBIT °B° SUBDIVISION NUM: Versailles Townhomes Subdivision, Filing No 1 A Special Area Plan, Amendment No. 1 DEVELOPER: Columbia Properties LLC ENGINEER: KLH Encrineerina Consultants, Inc. & Nolte & Assoc Inc STREET IMPROVffi43NTS : 1. SURFWOOD LANE: 4' Concrete Sidewalk Handicap Ramp (Radial) Street Light SUBTOTAL 2. CHATALET LANE: 4' Double Gutter Type 2 Curb & Gutter 15' Rad. Curb Return 6' Conc. Sidewalk (Thickened Edge) Handicap Ramps (Straight) Asphalt - 3 Depth Base - 7 Depth Asphalt - 1 Overlay SUBTOTAL 3. STORM SEWER: Sidewalk Drain Grade, Sodding 3:1 Stabilization SUBTOTAL GRAND TOTAL QTY UNIT TOTAL 425 LF 8.00 3,400.00 1 EA 450.00 450.00 1 EA 800.00 800.00 4,650.00 54 LF 14.00 756.00 130 LF 7.00 910.00 4 EA 400.00 1,600.00 415 LF 15.00 6,225.00 4 EA 250.00 1 581 SY 7.00 4,067.00 581 SY 6.50 3,776.50 912 SY 2.70 2,462.40 20,796.90 1 EA 700.00 700.00 500 LF 6.00 3,000.00 LS 1000.00 11000.00 4,700.00 30,146.90 REVIEWED BY' --DATE: oK ,,,1.1.a CITY OF PUEBLO