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.
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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