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HomeMy WebLinkAbout06058Reception #: 1113921 03/15 /1996 ORDINANCE NO. 6058 AN ORDINANCE APPROVING THE PLAT OF WILLS COMMERCIAL PARK SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The final plat of Wills Commercial Park Subdivision, being a subdivision of land legally described as follows: follows: A portion of the SW 1/4 of the NW 1/4 and the NW 1/4 of the SW 1/4 of Section 14, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo, State of Colorado and being more particularly described as follows: Considering the West line of the NW 1/4 of said Section 14, township 20 South, Range 65 West of the 6th P.M. to bear N.01 °10'00" W. and all bearings contained herein being relative thereto. Beginning at the W 1/4 corner of said Section 14; thence N.01 0 10'00" W. along the West line of the said NW 1/4. a distance of 872.06 feet to the South right of way line of U. S. Highway 50 West, as presently located: thence Southeasterly, along said South right- of -wav line the following two (2) courses: 1. S.83 0 33'07 "E. (S.84 0 20'30 "E. hwy.), a distance of 926.92 feet; 2. S.79 0 31'50 "E. (S.79 hwy.);, a distance of 12.69 feet; thence 5.10 0 28 1 10 "W., a distance of 489.70 feet to the West line of a tract of land conveyed by deed and recorded in Book 1078 at Page 302 of the Pueblo County records; thence S.01 °04' 42 "E. (S.0 deed), along the West line of said tract of land and that line extended, a distance of 626.12 feet to the South line of a parcel of land conveyed by deed and recorded L' I f ie f!f .< Pleb 1 1 t1 5c it Pr =. in Book 2053 at Page 104 of the said County records; thence S89 1 15'02 "W., along the South line of said parcel of land and that line ex- tended, a distance of 831.44 feet to the West line of SW 1/4; thence N.01 °10'12" W; along said West line, a distance of 353.04 feet to the point of beginning, containing 22.959 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 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. -2- Buok ?4 Page� 5Z7 �brzs C. �uooc Page� 9 ot 9 Pueblo Co.( lk.&Rer. INTRODUCED Fehru , 1996 '-. . � B y — Samuel Corsentino Coonoilperaoo , ^ � - APPROVED IN Presic / C i'-- -- - i At �-� ��ity Clerk l/3l/96 -3- Reception #: 1113923 03/15 /1996 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this c_�3_ day of ��� of 199U , by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City ", and W.A. WILLS JR. AND LEE R. WILLS 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 WILLS COMMERCIAL PARK , 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 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, -1- Bonk: 2874 Page. ''3 C. Htinnz P.a,je, ? _!f R Pljeb.lo "o.r1k.&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 -2- Book : 2874 P ! `D"' C'h "i s C . P�un��2 P ;�, ; .� r, f 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— B(inu: 2874 Page: 5`s? Chri:� f'. lil -w0z Page; 4 of Pv ehlo ('o.('1k. &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. W.A. WILLS JR. A LEE R. WILLS Subdiv'd r By 4 ot W.A. WILLS, JR. (S E A L) STATE OF COLORADO) ) ss. By /�- COUNTY OF PUEBLO ) L R. WILLS The foregoing instrument was acknowledged before me this day of FJ-,n L &aA ! 199 b , by W.A. WILLS, JR. AND LEE R. WILLS Subdivider. My , commission expires: /� 1 ( — 1 OT S Notary Public Address 1 as 15. n +� S-I- �''�I�� co g�vo3 CITY OF PUEBLO, a Municipal Corporation .� b T= Preside t of the Council ATTEST: 'T City Clerk STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of / 199 L-- by %� <<. , ��_.. t< <, , as President of City Council, and 7' as City Clerk of the City of Pueblo, Colorado. My commission expires: Notz Addz (S" E A,� AP Ot`F7 `4 S TO FORM City ` Att rney i y� Public I l e !- _1 v���c -< [,tZ Sic � -4- Pc: 2974 PagF_ ; : 3 Ctir �' tRuri�t Page: 4 n f R Pi�abj�R r,, f�k. ReC, SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" A portion of the SW1 /4 of the NW1 /4 and the NW1 /4 of the SW1 /4 of Section 14, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo, State of Colorado and being more particularly described as follows: Considering the West line of the NW1 /4 of said Section 14, Township 20 South, Range 65 West of the 6th P.M. to bear N.01 0 10 1 00 11 W. and all bearings contained herein being relative thereto. Beginning at the W1 /4 corner of said Section 14; thence N.01 °10'00 "W., along the West line of the said NW1 /4, a distance of 872.06 feet to the South right -of -way line of U.S. Highway No. 50 West, as presently located; thence Southeasterly, along said South right -of -way line the following two (2) courses: 1. 5.83 °33 11 E. (S.84 0 20 1 30 "E. hwy.) , a distance of 926.92 feet; 2. S. 79-31 (S.79 hwy.), a distance of 12.69 feet; thence S. 10 °28' 10 11 W. , a distance of 489.70 feet to the West line of a tract of land conveyed by deed and recorded in Book 1078 at Page 302 of the Pueblo County records; thence S.01 0 04 1 42 11 E. (S.0 deed), along the West line of said tract of land and that line extended, a distance of 626.12 feet to the South line of a parcel of land conveyed by deed and recorded in Book 2053 at Page 104 of the said County records; thence S.89 0 15 1 02 11 W., along the South line of said parcel of land and that line extended, a distance of 831.44 feet to the West line of the said SW1 /4; thence N.01 0 10 1 12 11 W., along said West line, a distance of 353.04 feet to the Point of Beginning. Containing 22.959 acres. -5- Sauk: 2e74 Page: 514 Chri: C. Munoz Page: h of 01 Puebla (`o.Clk. &kec. SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WILLS COMMERCIAL PARK DEVELOPER: W.A. WILLS, JR. AND LEE R. WILLS ENGINEER: KLH ENGINEERING OF PUEBLO, INC. STREETS 6" CURB AND GUTTER NEW MEDIAN (HWY 50) ASPHALT PATCH (HWY 50) ASPHALT (WILLS BLVD. 8 FULL DEPTH) ASPHALT (KACHINA DR. 7 FULL DEPTH) ASPHALT (OLIVE ST. 7" FULL DEPTH) CROSSPANS SQUARE PANS HANDICAP RAMPS ASPHALT (HWY 50) WATER 8" PVC 12" PVC 16" PVC 16" BUTTERFLY VALVES SERVICES 60' ROW 80' ROW PERMANENT BLOWOFF FIRE HYDRANT ASSEMBLY (FROM MAIN TO HYDRANT) SANITARY SEWER 8" PVC, 0 -12' 48" MANHOLES SERVICES STORM DRAIN SIDEWALK CULVERT RIP RAP TYPE S INLETS L =4' L =6' L =8' 48" CL II RCP 42" CL II RCP 36" CL III RCP 30" CL III RCP 21" CL IV RCP 18" CL IV RCP 15" CL IV RCP 29 "X45" ELLIPTICAL RCP TYPE 1 -A MANHOLE TYPE 1 -B MANHOLE TYPE 1 -C MANHOLE SPILLWAY OUTLET STRUCTURE DETENTION BASIN REVEGETATION DRAINAGE CHANNEL 5599.7 LF @ $7.80 /LF $43,677 441.5 LF @ $6.80 /LF $3,002 444 SY @ $12.90 /SY $5,728 6221 SY @ $16.70/SY $103,891 2965 SY @ $14.80 /SY $43,882 3039 SY @ $14.80/SY $44,997 300 SF @ $3.50 /SF $1,050 132 SF @ $3.80 /SF $502 6 EA @ $500 /EA $3,000 438 SY @ $11 /SY $4,818 23 LF @ $14 /LF $322 808.83 LF @ $21 /LF $18 1924 LF @ $35 /LF $67,340 4 EA @ $1,650/EA $6,600 11 EA @ $480 /EA $5,280 3 EA @ $640 /EA $1,920 3 EA @ $650 /EA $1,950 7 EA @ $1,800 /EA $12,600 1228.5 LF @ $22 /LF $28,347 4 EA @ $1,400 /EA $5,600 11 EA @ $765/EA $8,415 1 EA @ $1,500 /EA $1,500 5.5 CY @ $50 /CY $275 1 EA @ $1,800 /EA $1,800 3 EA @ $2,200 /EA $6,600 5 EA @ $2 /EA $13,000 120.0 LF @ $85 /LF $10,200 670.7 LF @ $68 /LF $45,607 352.5 LF @ $59 /LF $20,798 125.0 LF @ $50 /LF $6,250 139.9 LF @ $32 /LF $4,477 261.5 LF @ $29 /LF $7,584 57.7 LF @ $27 /LF $1,558 277.1 LF @ $65 /LF $18,012 2 EA @ $1;600 /EA $3,200 2 EA @ $1,600 /EA $3,200 4 EA @ $1,600 /EA $6,400 1 EA @ $8,500 /EA $8,500 1 EA @ $4,000 /EA $4,000 3.2 A @ $6,000 /A 1 EA @ $1,280 /EA $19,200 $1,280 -G- Fnnk . 2t Par76. 5 - 3� Chr i (7. Hunn z Page ; 7 n f P, P STREET LIGHTS 16 EA @ $1,300 /EA $20,800 BARRICADES L =24' 1 EA @ $1,000 /EA $1,000 L =16' 2 EA @ $800 /EA $1,600 MONUMENTS 8 EA @ $450 /EA $3,600 EARTHWORK 31,000 CY @ $2 /CY $62,000 RIP RAP 1475 CY @ $50 /CY $73,750 SUBTOTAL $757,568 WATER BOARD REIMBURSEMENT 16" WATER BOARD REIBURSEMENT 12" 1924 LF @ $15.20 /LF <$29,244.80> 808.83 LF @ 3.75/LF <$3,023.11> TOTAL $725,290 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 OF PUEBLO, INC. REVIEWED BY: City of Pueblo 02/6/96 DATE 3 /1 j;/FL DATE 9404500.210 -7- Face: 8 0 a Pi_tebio r'o.0 kARec, ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT This Addendum shall be incorporated in and become a part of the �e Y-Lkary 23 , 1996 Subdivision Improvements Agreement for the Wills Commercial Park Subdivision (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. Subdivider shall install all public improvements in Olive Street adjacent to the Subdivision in accordance with the plans, specifications and profiles approved by the Director of Public Works. The Olive Street public improvements shall be completed within the time required for completion of other improvements within the Subdivision pursuant to the Subdivision Improvements Agreement. 2. Subdivider and other owners of lots within the Subdivision shall maintain the storm water drainage pond facility to be constructed by Subdivider as part of the improvements for the Subdivision (the "Storm Water Facility "). City is hereby granted the right, but not the obligation, to maintain the Storm Water Facility as City deems necessary in its discretion, and to recover the costs thereof plus 15 %, from the owners of the lots within the Subdivision. 3. Subdivider shall resubdivide the G &O Subdivision within one year of the date of final approval of the Subdivision (the "Resubdivision "). The Resubdivision will incorporate the easement for the Storm Water Facility within one or more lots of sufficient size to make them marketable and will include portions of all vacated streets adjacent thereto and owned by Subdivider. 4. The covenants of this Addendum shall run with the land within the Subdivision and may be specifically enforced against the Subdivider and subsequent owners of lots within the Subdivision. Executed at Pueblo, Colorado as of the date and year stated above. PUEBLO, A MUNICIPAL CORPORATION Name: Title: p��l =ners