HomeMy WebLinkAbout06069Reception 1118006
04/18/1996
ORDINANCE NO. 6069
,kN ORDINANCE APPROVING THE PLAT OF WIESTRIDGE, FILING N0. 2 SUBDIVISION
BE I T ORDAINED BY THE CITY COUNCIL OF PUEBLO , c='()LC)R ADO , t ha t
SECT I OI' I .
The f inal plat of W°estridge, Filing No. 2 Subdivision, being a suodivision
of land legally described as follows:
A parcel of land in the SE 1/4 and SW 1/4 of Section 11, 'Township 20 South.
Range 65 West of the 6th P.M. being more particularly described as follows:
Considering the centerline of Ridge Drive, as platted in Outloo_ Subdivision,
Filings No. 1, 3 and 4. according to the recorded plats thereof to bear
5.00 0 13'50 "F. and all bearings contained herein being relative thereto.
Beginning at the Southwest corner of Westridge. Filing No. 1. according to the
recorded plat thereof, filed for record July 3, 1995, thence Easterly along the
South boundary line of said W'estridge, Filing No. 1 the following three (3)
courses:
i. ,.89 "E., a. distance of 1?3.00 feet.,
N.00 0 13'50 "W.. a distance of 0.2- feet;
�. N.59 ° 46' IO "'E. , a distance of X97.45 feet to the West, ii.- of -���a
line of said Ridge Drive;
thence S.00 along s- id West right- of -way line. a distance of 641'.45
feet to the Northeast corner of a tract of land conveyed to Hallmark Realty.
Inc. by deed recorded in Book, „64 at Pa'i e 982 of the Pueblo County records
thence Westerl along the North line of said tract of land and that line
extended he fol l
�4 owing three (3 ) courses:
1. S. 8 09`40 ' 12 "W. . a- distance o .5- f
(N .59 0 46 1 10 "E. ' feet. deed)
?. S.. 3 °: - '02 "W. , a distance of �0. 22 feet
(N. 3"5 '0.3 "' feet, deed
3. N.S9 ° 55'53 "t ►. , a distance of S4- . `S feet
( S.39 "E. 662.30 feet, deed)
thence N.00 ° 1.3'50"W., a distance of 655.99 feet to the Point of Beginning.
Containing 1=1.636 acres.
is hereby- approved-, aail dedicated street. utility and drainage easements,
rights -of -way and land set aside for public sites, barks and open spaces shown and
dedicated on said Flat are here accepted for public use.
S E QT I ON ?.
Book: 2883 Page: 956 Chris C. Munoz
Paqe: 2 of 2 Pueblo Co.C1k.&Rec.
T se acceptance of such ded icated Streets. rights - of - w ay. Ut'sIity and drainage
easements, public sites, parks and open spaces by the Citi- does not obligate the
c '.its• to maintain or repair same urt:l l such streets, rights -of -way. «t i 11th- and
drainae 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 XI 1 o:' the 197 l Code or Ordinances as amended and any agreement
entered into pursuant thereto.
SECT I
ON 3'
This ord nance stead become effective immediat ely upon Dina=. PzASSdge ��nd
approva
Too C C. G
VA T'
ATTEST
i TI.ODUCED February 26 , 1 996
BY Charles Jones
Councilperson
,APPROVED _ ��Z�L
1, esident of Ci Counci
City C1
Reception 1118008
04/18/1996
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this .QcDr� day of r2aaLi.,�
, of 199, by and between the CITY OF PUEBLO, a Municipal
Corporation, hereinafter referred to as "City ", and Ed Robinson and
Associates, Inc., 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 WESTRIDGE, FILING NO. 2, 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-
Book: 2883 Page: 959 Chris C. Munoz
Page: 2 of 7 Pueblo Co.Clk. &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: 2883 Page: 960 Chris C. Munoz
PaQe: 3 of 7 Pueblo Co.C1k.&Rec.
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 frontina or abuttina 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—
Book: 2883 Page: 961 Chris C. Munoz
Pave: 4 of 7 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.
ED ROBINSON & ASSOCIATES, INC.
a Colorado Corporation
Subdivider
H
By
(S E A L)
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
. Robins/ President
Helen,6'�./Robinson, Secretary
The foregoing instrument was acknowledged before me this
day of `w) V--�c� 199,, by Edward L. Robinson, President
and Helen G. Robinson, Secretary of ED ROBINSON & ASSOCIATES, INC.,
Subdi
Ft y P
on expires: I- AS - °►99
�ti�Vi��tl �.
r bRLT1� S
C Yid o S
Notary Public
Address: I a5 S .1h St.
PL.b o, C0 9'10
CITY OF PUEBLO,*a Municipal Corporation
by
Presi nt of the Council
City Clerk
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
�{ 6* ission expires:
r. �.
Notary Public
A C Address: v
,'.A.PPROVtD AS TO FORM:
City ttorney
- 4 -
The foregoing instrument was acknowledged before me this 16th
day of April , 199 6 , by Fay B. Kastelic ,
as President of City Council, and Gina Dutcher as
Gzty the City of Pueblo, Colorado.
..
Book: 2883 Page: 962 Chris C. Munoz
Pave: 5 of 7 Pueblo Co.Clk. &Rec
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
A parcel of land in the SE 1/4 and SW 1/4 of Section 11, Township
20 South, Range 65 West of the 6th P.M. being more particularly
described as follows:
Considering the centerline of Ridge Drive, as platted in Outlook
Subdivision, Filings No. 1, 3 and 4, according to the recorded
plats thereof to bear S.00 °13'50 "E. and all bearings contained
herein being relative thereto.
Beginning at the Southwest corner of Westridge, Filing No. 1,
according to the recorded plat thereof, filed for record July 3
1995; thence Easterly, along the South boundary line of said
Westridge, Filing No. 1 the following three (3) courses:
1. N.89 °46'10 "E., a distance of 173.00 feet;
2. N.00 °13'50 "W., a distance of 0.27 feet;
3. N.89 °46'10 "E., a distance of 797.45 feet to
the West right -of -way line of said Ridge
Drive;
thence S.00 ° 13'50 "E., along said West right -of -way line, a distance
of 641.45 feet to the Northeast corner of a tract of land conveyed
to Hallmark Realty, Inc. by deed recorded in Book 2164 at Page 982
of the Pueblo County records; thence Westerly, along the North line
of said tract of land and that line extended the following three
(3) courses:
1. S.89 °40'12 "W.,
(N.89 °46'10 "E.
2. S.73 °57'02 "W.,
(N.73 °57'56 "E.
3. N.89 °55'53 "W.,
(S.89 °55'38 "E.
a distance of 55.13 feet
55.00 feet, deed);
a distance of 70.22 feet
70.32 feet, deed);
a distance of 847.78 feet
662.30 feet, deed);
thence N.00 °13'50 "W., a distance of 655.99 feet to the Point of
Beginning.
Containing 14.636 acres.
-5-
Book: 2883 Page: 963 Chris C. Munoz
Paae: 6 of 7 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: WESTRIDGE FILING NO. 2
DEVELOPER: ED ROBINSON & ASSOCIATES INC.
ENGINEER: KLH ENGINEERING OF PUEBLO INC.
STREETS
Asphalt (6" FULL DEPTH)SUNDANCE DR.
SENTINEL PL.
Asphalt (5 1/2" FULL DEPTH)HIDEOUT PL.
GETAWAY PL.
6 Standard Curb & Gutter
6 Ramp Curb & Gutter
Handicap Ramps
1 PMS Overlay -RIDGE DR.
Curb and Gutter Removal
7 Rein. Conc.
Square Pan
5558 SY @ $15.50 /SY $86,149
3290 SY @ $12.80 /SY $42,112
80
LF
@
$7.80 /LF
$624
4320
LF
@
$7.80 /LF
$33,696
8
EA
@
$500 /EA
$4,000
3445
SY
@
$3.50 /SY
$12,058
1
LS
@
$2,000
$2,000
270
SF
@
$3.80 /SF
$1,026
1
EA
@
$600 /EA
$600
EARTHWORK 30,000 CY @ $1.50 $45,000
STORM SEWER
42" CL III RCP
267
LF
@
$68 /LF
$18,156
30" Polypipe
304
LF
@
$50 /LF
$15,200
24" Polypipe
281
LF
@
$42 /LF
$11,802
18" Polypipe
88
LF
@
$29 /LF
$2,552
15" Polypipe
13
LF
@
$27 /LF
$351
Type 1 -B Manhole
2
EA
@
$1,600 /EA
$3,200
Type 1 -C Manhole
3
EA
@
$1,600 /EA
$4,800
Type S Inlet L =10'
1
EA
@
$3,000 /EA
$3,000
Type S Inlet L =12'
3
EA
@
$3,400 /EA
$10,200
Remove 24" RCP
236
LF
@
$20 /LF
$4,720
Open Cut, Patch -RIDGE DRIVE
285
LF
@
$35 /LF
$9,975
SANITARY SEWER
8" PVC 0 -12'
2213
LF
@
$22 /LF
$48,686
48" Manholes
10
EA
@
$1,400 /EA
$14,000
Services
68
EA
@
$575/EA
$39,100
Open Cut, Patch -RIDGE DRIVE
350
LF
@
$35 /LF
$12,250
WATER
8" PVC
1026
LF
@
$22 /LF
$22,572
6 PVC
1120
LF
@
$19 /LF
$21,280
12" Gate Valves
1
EA
@
$1,200 /EA
$1,200
8 Gate Valves
3
EA
@
$800 /EA
$2,400
6 Gate Valves
3
EA
@
$600 /EA
$1,800
Fire Hydrant Assemblies
4
EA
@
$1,800 /EA
$7,200
Permanent Blow -Off
2
EA
@
$650 /EA
$1,300
Relocate Permanent Blow -Off
1
EA
@
$450 /EA
$450
Services
61
EA
@
$480 /EA
$29,280
7
EA
@
$640 /EA
$4,480
Open Cut, Patch - Services -RIDGE DRIVE
175
LF
@
$25 /LF
$4,375
STREET LIGHTS
6
EA
@
$1,300 /EA
$7,800
6 EA @ $450 /EA $2,700
ZM.
Book: 2883 Page: 964 Chris C. Munoz
Paue: 7 of 7 Pueblo Co.Clk. &Rec
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: WESTRIDGE FILING NO. 2
DEVELOPER: ED ROBINSON & ASSOCIATES INC.
ENGINEER: KLH ENGINEERING OF PUEBLO INC.
WILDERNESS TRAIL (OFF —SITE IMPROVEMENTS)
DEMOLITION: ASPHALT; C & G; SIDEWALK;
SIDEWALK CULV.; HEADWALL; LUMP SUM
_ $2,500.
27"
CL IV RCP:
120 LF @
$50 /LF
= $6,000.
NEW
2 —BAY SIDEWALK CULVERT & SPILLWAY
= $2,000.
NEW
1 —BAY SIDEWALK CULVERT & SPILLWAY
= $1,000.
NEW
C & G:
4 0 ±LF @
$15 / LF
= $600.
NEW
4' SIDEWALK:
30 ±LF @
$12 /LF
= $360.
NEW
HEADWALL /ENDWALL:
2 EA @
$2,000 /EA
= $4,000.
NEW
CONC. APRON:
270 SF @
$2.50 /SF
= $675.
FINISH GRADING:
LUMP SUM
= $500.
SEEDING:
LUMP SUM
= $500.
SUBTOTAL OFFSITE
_ $18,135.
15% CONTINGENCY
= $2,720.
TOTAL OFFSITE
_ $20,855.
GRAND TOTAL = $552,949.
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:
K ) )/, City of Pueblo
3/20/96
DATE
DATE
9406803.201 —7—