HomeMy WebLinkAbout06057Reception 1120750
05/08/1996
ORDINANCE NO. 6057
AN ORDINANCE APPROVING THE PLAT OF COLLEGE ROAD
SUBDIVISION 3RD FILING
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION 1.
The final plat of College Road Subdivision, 3rd
Filing, being a subdivision of land legally described as
follows:
Lot 3, Block 4, College Road Subdivision, filed
for record May 6, 1987 in Book 2346 at Page 26
in the records of the Pueblo County Clerk and
Recorder, Pueblo County, Colorado, containing
{ 14.91 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
Book: 2889 Page: 835 Chris C. Munoz
Page: 2 of 2 Pueblo CO.Clk.&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.
INTRODUCED February 12 , 1996
�L ctt , L M1 By Charles Jones
Councilperson
APPROV l -_J '
President of the Council
ATT Sri :
ity Clerk
1/31/96
Reception 1120752
05/08/1996
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this 7 / day of 112f? 199. -
by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City ", and
College Park Partnership
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 College Road 3rd Fi ling
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(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 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
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
unoowp eteu 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 improvement.
-1-
Book: 2889 Page: 838 Chris C. Munoz
Page: 2 of 5 Pueblo Co.C1k.&Rec.
5. The City may treat the amount of such deposit as a debt due the uny trom -,uDarviaer 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(1) 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 property
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 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
AgreeiYiem or any amendment thereto. Such authority shall include the right to compel rescission of any Sala,
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: 2889 Page: 839 Chris C. Munoz
Page: 3 of 5 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.
College Park Partnership
(SEAL)
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
Subdivider
J _
B , L ( , C
"_J-erome L. Crane
Jex, y L. K o�vak
By
Bill Caldwell
The foregoing instrument was acknowledged before me this _ day
of 199L, by J 12, .-iL L ( LAM , Subdivider.
by )_ EZ F; L �`�f c .�.� K
My commission expires: b
G' RFF�'Fs%
(S E A L)
s y'UBL�G 'o
�.,. .
ATTEST:
City Clerk
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
Notary Pubjicr
Address: ! 1, �, AV
CITY OF PUEBLO, a Municipal Corporation
By
President of the Council
The foregoing instrument was acknowledged before me this 7th day
of may , 199 6 b Fay B. Kastelic , as President of City
Council, and Gina Dutcher as City Clerk of the City of Pueblo, Colorado.
My commission expires
APPROVED AS TO FORM:
_.
Lary Public
Address: a ` (�o� ( C1 �
City Att, rney
3-
Book: 2889 Page: 840 Chris C. Munoz
Page: 4 of 5 Pueblo Co.Clk. &Rec.
FOR09FI- ".1
KNOW ALL MEN BY THESE PRESENTS THAT: College Park Partnership; Jerome L.
Crane, Jerry L. Novak, and Bill Caldwell as managing partners, being the sole owners of
the parcel of following described parcel of land:
Lot 3, Block 4, College Road Subdivision, filed for record May 6, 1987 in Book 2346 at
Page 26, in the records of the Pueblo County Clerk and Recorder, Pueblo County,
Colorado.
TOTAL SUBDIVISION ACREAGE: 14.91 Acres
Book: 2889 Page: 841 Chris C. Munoz
Page: 5 of 5 Pueblo Co.C1k.&Rec.
Subdivision Improvement Agreement Exhibit "B"
Jerome L. Crane / College Park Partnership
College Road Subdivision 3rd Filing
Mangini & Associates, Inc. Job Number 95 -408
1
8" PVC Main
830
LIN FOOT
$22.00
$18,260
2
48" Dia. Manhole
4
EACH
$1,400.00
$5,600
3
6" Sanitary Service Line
220
LIN FOOT
$20.00
$4,400
4
Water Service Line (80' ROW)
2
EACH
$640.00
$1,280
5
Pond Excavation
1852
CU YARD
$2.00
$3,704
6
18" RCP
230
LIN FOOT
$29.00
$6,670
7
Rip Rap (Grouted)
5.3
CU YARD
$60.00
$318
8
Outlet Structure
1
EACH
$3,000.00
$3,000
9
Planting / Vegetation
0.8
ACRE
$6,000.00
$4,800
10
Swale Excavation
24
CU YARD
$2.00
$48
11
6" Curb Head
931
LIN FOOT
$7.80
$7,262
12
Street Lights
5
EACH
$1,075.00
$5,375
13
6' Concrete Sidewalk
10500
SQ FOOT
$2.50
$26,250
14
Handicap Ramp
50
SQ FOOT
$3.50
$175
SUB -TOTAL
Miscellaneous Contingencies (&,, 15%
GRAND TOTAL
$87,142
$13,071
$100,213
Prepared By: Stephen Dear Date: 1/10/96
Checked By: Charles DiDomenico
Date: 1/10/96
Firm: Mangini & Associates, Inc.
Reviewed By: (,y-i -,-r C Date: 5
c�K�� City of Pueblo
Reception 1120753
05/08/1996
DECLARATION OF COVENANTS
CONCERNING PRIVATE SANITARY SEWER,
STORMWATER DRAINAGE AND STORMWATER DETENTION
EASEMENTS FOR COLLEGE ROAD SUBDIVISION 3RD FILING
y 1 This Declaration of Restrictive Covenants (Declaration) is made on
1996, by College Park Partnership, as owner and Developer
(Declarant).
RECITALS
This Declaration is made concerning the following:
A. Declarant owns the real property contained in Parcels "A" and "B" College Road
Subdivision 3rd Filing ( Subdivision), located in Pueblo County, State of
Colorado, and described as a Re- Subdivision of Lot 3, Block 4, College Road
Subdivision, filed for record May 6, 1987 in Book 2346 at Page 26, in the records
of the Pueblo County Clerk and Recorder, Pueblo County, Colorado (the
Property).
B. Declarant desires to provide for the proper development of the Property and to
insure for the installation, maintenance and repair of the private sanitary sewer,
drainage and detention easements as shown on the plat for the Subdivision.
Now therefore Declarant declares that the Property is and shall be held,
transferred, sold, conveyed, occupied and used subject to the following covenants,
conditions and restrictions.
1. Purposes of Covenants and Restrictions:
A. To insure proper development of the Subdivision.
B. To provide reasonable methods to maintain and repair all platted
easements on -site and off -site of the Property to benefit the
Subdivision.
2. Restrictions: The Property contains easements as shown on the
Subdivision Plat. Such easements are described in attached Exhibits
"A ", "B" and "C ".
A. All of the easements comprise a plan to benefit Parcel "A" and
Parcel `B" in the Subdivision.
College Road Subdivision 1 Declaration of Covenants
Book: 2889 Page: 843 Chris C. Munoz
Page: 2 of 7 Pueblo Co.Clk. &Rec.
B. Each parcel owner shall maintain and repair all improvements and
facilities installed in the easements either jointly or severally as
follows:
1. Parcel "B" is solely responsible for the easement described in
Exhibit "A ", Exhibit ` °B ".Exhibit "C" .
C. No Building or structure of any kind shall be placed in any
easement on the Property.
3. General provisions:
A. Terrns: These covenants shall run with the land and shall be
binding on all parties and all persons claiming under them.
B. Enforcement: Enforcement shall be by proceeding at law or equity
against any person or entity violating, attempting to violate, or not
complying with any of these covenants. The enforcing party may
seek and obtain recovery of damages, injunctive relief, or both and
attorneys' fees.
C. Severability: Invalidation of any one of these covenants by
judgment or court order shall not affect the other provision which
shall remain in effect.
D. Notice: Any notice needed to be given to any owner under the
provisions of these covenants shall be sent to the last known
address of the record owner of the parcel in which the owner has
an interest as shown by the records of the Pueblo County, Colorado
Clerk and Recorder at the time of such mailing.
E. Standing: All parcel owners in College Road Subdivision, Third
Filing and all persons who own or have the right to possess or
control property that abuts any lot in or easement that benefits
College Road Subdivision 3rd Filing, shall have the right to
enforce these covenants in any court of competent jurisdiction.
College Road Subdivision 2 Declaration of Covenants
Book: 2889 Page: 844 Chris C. Munoz
Page: 3 of 7 Pueblo Co.Clk. &Rec.
College Park Partnership
s 'Jerome L. Crane
Jemmy L. Novak
Bill Caldwell
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO)
The foregoing instrument was acknowledged before me on A,4 - Z_ ,
1996, by Jerome L. Crane Jerry L . Novak, and Bill Caldwell as managing partners of
a �eotu�uuu��
College Park Partnership. N "115`l G. �
: TAR '. s
Witness my hand and official seal. c �� V ' //,
- 0—x-4
%���, P U B k-�G.POO
i 9'
�FOF CO
� �
"Nitl+tri'Plssion expires:
Notary Publi
College Road Subdivision 3 Declaration of Covenants
Book: 2889 Page: 845 Chris C. Munoz
Page. 4 of 7 Pueblo Co.C1k.&Rec.
PRIVATE SANITARY SEWER EASEMENT
PARCEL `B ", COLLEGE ROAD SUBDIVISION 3RD FILING
An easement located within the City of Pueblo, County of Pueblo, State of Colorado,
to wit:
An easement through a portion of Section 13, Township 20 South, Range 65 West, of
the Sixth Principal Meridian, being ten feet on each side of the following described
centerline;
COMMENCING at the southwest corner of Parcel "A ", College Road Subdivision 3rd
Filing; thence N 89 °00'00 "E, ( bearings based on the north line of Lot 3, Block 4,
College Road Subdivision as filed for record May 6, 1987 in Book 2346 at Page 26, in
the Office of County Clerk and Recorder, Pueblo County, Colorado, monumented on
each end by a No.4 rebar with plastic cap L.S. 6128) a distance of 480.00 feet to the true
POINT OF BEGINNING; thence along the following five (5) courses;
1. S 01 '00'00" E, a distance of 212.29 feet,
2. N 89 °00'00" E, a distance of 369.68 feet,
3. S 00 °37'37" E, a distance of 256.80 feet,
4. S 11 '56'11 " E, a distance of 205.44 feet,
5. S 20 1 35'26" E, a distance of 6.63 feet,
to a point on the southerly line of Lot 1, College Road Subdivision, said point being the
POINT OF TERMINUS
College Road Subdivision 4 Declaration of Covenants
Book: 2889 Page: 846 Chris C. Munoz
Page: 5 of 7 Pueblo Co.Clk. &Rec.
EXHIBIT "B"
STORMWATER DRAINAGE EASEMENT
PARCEL "A ", COLLEGE ROAD SUBDIVISION 3RD FILING
An easement located within the City of Pueblo, County of Pueblo, State of Colorado,
to wit:
An easement through a portion of Section 13, Township 20 South, Range 65 West, of
the Sixth Principal Meridian, being ten feet on each side of the following described
centerline;
COMMENCING at the southwest corner of Parcel "A ", College Road Subdivision 3rd
Filing; thence N 89 °00'00" E, ( bearings based on the north line of Lot 3, Block 4,
College Road Subdivision as riled for record May 6, 1987 in Book 2346 at Page 26, in
the Office of County Clerk and Recorder, Pueblo County, Colorado, monumented on
each end by a No.4 rebar with plastic cap L.S. 6128) a distance of 460.00 feet to the true
POINT OF BEGINNING; thence S 01'00'00" E, a distance of 177.29 feet to a point on
the north line of an existing drainage easement described for record in Book 2050 at
Page 549 of the Office of County Clerk and Recorder, Pueblo County, Co., said point
being the POINT OF TERMINUS.
College Road Subdivision 5 Declaration of Covenants
Book: 2889 Page: 847 Chris C. Munoz
Page: 6 of 7 Pueblo Co.Clk. &Rec.
EXHIBIT "C"
STORMWATER DETENTION EASEMENTS
PARCEL "B ", COLLEGE ROAD SUBDIVISION 3RD FILING
Easements located within the City of Pueblo, County of Pueblo, State of Colorado,
to wit:
Easements being a portion of Section 13, Township 20 South, Range 65 West, of the
Sixth Principal Meridian, being more particularly described as follows;
Area 1
COMMENCING at the southeast corner of Parcel `B ", College Road Subdivision 3rd
Filing; thence S 88 °25'00" W, ( bearings based on the north line of Lot 3, Block 4,
College Road Subdivision as filed for record May 6, 1987 in Book 2346 at Page 26, in
the Office of County Clerk and Recorder, Pueblo County, Colorado, monumented on
each end by a No.4 rebar with plastic cap L.S. 6128) a distance of 20.34 feet to the true
POINT OF BEGINNING; thence S 88 °25'00" W, a distance of 220.00 feet to a point on
the southerly most property line of Parcel "B "; thence N 52 °06'04" E, a distance of
272.34 feet; thence S 00 °37'00 "E, a distance of 145.00 feet; thence S 12 °01'00" W, a
distance of 16.58 feet to the POINT OF BEGINNING.
Parcel contains 0.55± Acres
Area 2
COMMENCING at the southeast corner of Parcel "B ", College Road Subdivision 3rd
Filing; thence N 12 °01'00" W, ( bearings based on the north line of Lot 3, Block 4,
College Road Subdivision as filed for record May 6, 1987 in Book 2346 at Page 26, in
the Office of County Clerk and Recorder, Pueblo County, Colorado, monumented on
each end by a No.4 rebar with plastic cap L.S. 6128) a distance of 18.27 feet; thence N
00 0 37'00 "W, a distance of 292.09 feet; thence S 89 °00'00 "W, a distance of 20.00 feet
to the true POINT OF BEGINNING; thence S 89 °00'00" W, a distance of 240.00 feet;
thence N 49 °21'06" E, a distance of 313.44 feet; thence S 00 °37'00" E, a distance of
200.00 feet to the POINT OF BEGINNING.
Parcel contains 0.40± Acres
College Road Subdivision 6 Declaration of Covenants
Book: 2889 Page: 848 Chris C. Munoz
Page: 7 of 7 Pueblo Co.Clk. &Rec.
STORMWATER DETENTION EASEMENTS
PARCEL `B ", COLLEGE ROAD SUBDIVISION 3RD FILING
Easements located within the City of Pueblo, County of Pueblo, State of Colorado,
to wit:
Easements being a portion of Section 13, Township 20 South, Range 65 West, of the
Sixth Principal Meridian, being more particularly described as follows;
Area 1
COMMENCING at the southeast corner of Parcel `B ", College Road Subdivision 3rd
Filing; thence S 88 °25'00" W, ( bearings based on the north line of Lot 3, Block 4,
College Road Subdivision as filed for record May 6, 1987 in Book 2346 at Page 26, in
the Office of County Clerk and Recorder, Pueblo County, Colorado, monumented on
each end by a No.4 rebar with plastic cap L.S. 6128) a distance of 20.34 feet to the true
POINT OF BEGINNING; thence S 88 °25'00" W, a distance of 220.00 feet to a point on
the southerly most property line of Parcel "B "; thence N 52 °06'04" E, a distance of
272.34 feet; thence S 00 °37'00 "E, a distance of 145.00 feet; thence S 12 °01'00" W, a
distance of 16.58 feet to the POINT OF BEGINNING.
Parcel contains 0.55± Acres
Area 2
COMMENCING at the southeast corner of Parcel `B ", College Road Subdivision 3rd
Filing; thence N 12 °01'00" W, ( bearings based on the north line of Lot 3, Block 4,
College Road Subdivision as filed for record May 6, 1987 in Book 2346 at Page 26, in
the Office of County Clerk and Recorder, Pueblo County, Colorado, monumented on
each end by a No.4 rebar with plastic cap L.S. 6128) a distance of 18.27 feet; thence N
00 °37'00 "W, a distance of 292.09 feet; thence S 89 °00'00 "W, a distance of 20.00 feet
to the true POINT OF BEGINNING; thence S 89 °00'00" W, a distance of 240.00 feet;
thence N 49 °21'06" E, a distance of 313.44 feet; thence S 00 °37'00" E, a distance of
200.00 feet to the POINT OF BEGINNING.
Parcel contains 0.40± Acres
College Road Subdivision 7 Declaration of Covenants