HomeMy WebLinkAbout06074Reception 1120724
05/08/1996
ORDINANCE NO. 6074
AN ORDINANCE APPROVING THE PLAT OF THATCHER
HEIGHTS SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION 1.
The final plat of Thatcher Heights Subdivision, being
being a subdivision of land legally described as follows:
follows:
A portion of the N 1/2 of the NW 1/4 of Section
4, Township 21 South, Range 65 West of the 6th
P.M., more particularly described as follows:
Beginning at a point on the south right of way
line of Colorado State Highway No. 96, said point
being 57 feet south and 977.7 feet west of the
north 1/4 corner of said Section 4; thence South
and parallel to the north and south center line
of Section 4, a distance of 700 feet; thence
west and parallel to the said south right of way
line of Colorado State Highway No. 96, a distance
of 600 feet; thence north and parallel to the
said north and south center line of Section 4,
a distance of 700 feet to a point in the said
south right of way line of Colorado State High-
way No. 96; thence east along said south right
of way line of Colorado State Highway No. 96 a
distance of 600 feet to the point of beginning;
and
A portion of the N 1/2 of the NW 1/4 of Section
4, Twp. 21 South, Range 65 West of the 6th
Principal Meridian, more particularly described
as follows:
Beginning at a point on the south right -of -way
line of Colorado State Highway No. 96, said
point being 57 feet south and 1577.7 feet west
of the north one - quarter corner of said Section
4; thence south and parallel to the north and
Book: 2889 Page: 768 Chris C. Munoz
Page: 2 of 3 Pueblo Co.C1k.&Rec.
south center line of said Section 4, a distance
of 700 feet; thence east and parallel to the
said south right of way line of Colorado State
Highway No. 96, a distance of 600 feet to a
point on the west boundary line of W.D.B
Subdivision No. 5; thence south along said
west boundary line a distance of 200 feet;
thence west and parallel to the said south
right of way line of Colorado State Highway
No. 96, a distance of 750 feet; thence north
and parallel to the said north and south
center line of said Section 4, a distance
of 900 feet, more or less to a point on the
said south right of way line of Colorado
State Highway No. 96; thence easterly along
said south right of way of Colorado State
Highway 96, a distance of 150 feet, more or
less, to the point of beginning; containing
15.52 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.
-2-
Book: 2889 Page: 769 Chris C. !Munoz
Page: 3 of 3 Pueblo Co.C1k.&Rec.
SECTION 3.
This ordinance shall become effective immediately
upon final passage and approval.
=t
INTRODUCED March 25 , 1996
By Samuel Corsentino
Councilperson
APPROVED
Presid t of the Council
L ,ity Clerk
001 Mw
1/31/96
-3-
Reception 1120727
05/08/1996
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this day of 1, 199_,
by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City", and
THATCHER HETGHTS LLQ
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 THATCHER HEIGHTS
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
uncoriipieteu 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.
Book: 2889 Page: 774 Chris C. Munoz
Page: 2 of 8 Pueblo Co.C1k.&Rec.
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 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.
1 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 salt,
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.
IN
Book: 2889 Page: 775 Chris C. Munoz
Page: 3 of 8 Pueblo Co.C1k.&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.
THATCHER HEIGHTS, LLC
Subdivider
(SEAL)
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
WILLIAM C. BENNETT
MANAGEMENT MEMBER
The foregoing instrument was acknowledged before me this day
0 10 do
of 199-(e--, by 01111Q C. 6enn e l Z, r 4 Y ..
, d`•, e
s,.
My commission expires:
(S E A L)
you
�reezx
H
ATTEST:
PA.
City Clerk
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
Notary t�u'DNc�J \ "
Address:
CITY OF PUEBLO, a Municipal Corporation
By
Presiders f the Council
The foregoing instrument was acknowledged before me this day
of fh m L , 199 CS , by L I B. Ka n , k Lt C , as President of City
Council, and _mil hnL ])LA hClIC as City Clerk of the City of Pueblo, Colorado.
ion expires:
�A,Si FORM:
City or y
w
IC
-3-
Book: 2889 Page: 776 Chris C. Munoz
Page: 4 of 8 Pueblo Co.C1k.&Rec.
Subdivision Improvement Agreement
Exhibit " A "
BEGINNING at a point on
Colorado State Highway
south and 977.7 feet we
Section 4; thence south
center line of said Sec
west and parallel to th
Colorado State Highway
north and parallel to t
of Section 4 a distance
south right of way line
thence east along said
State Highway No. 96 a
beginning;
the south right of way line of
No. 96, said point being 57 feet
st of the north 114 corner of said
and parallel to the north and south
Lion 4 a distance of 700 feet; thence
e said south right of way line of
No. 96 a distance of 600 feet; thence
he said north and south center line
of 700 feet to a point in the said
of Colorado State Highway No. 96;
south right of way line of Colorado
distance of 600 feet to the point of
and
A portion of the N 112 of the NW 114 of Section 4, Twp. 21
South, Range 65 WSest of the 6th Principal Meridian, more
partcularly sescribed as follows:
Beginning at a point on the south right of way line of
Colorado State Highway No. 96, said point being 57 feet
south and 1577.7 feet west of the north one - quarter corner
of said Section 4; thence south and parallel to the north
and south center line of said Section 4 a distance of 700
feet; thence east and parallel to the said south right of
way line of Colorado State Highway No. 96 a distance of 600
feet to a point on the west boundary line fo W.D.B.
Subdivision No. 5; thence south along said west boundary
line a distance of 200 feet; thence west and parallel to the
said south right of way line of Colorado State Highway No.
96 a distnace of 750 feet; thence north and parallel to the
said north and south center line fo said Section 4 a
distance of 900 feet, more or less, to a point on the said
south right of way line of Colorado State Highway No. 96;
thence easterly, along said south right of way of Colorado
State Highway 96 a distance of 150 feet, more or less, to
the point of beginning;
Said described parcel of land contains 5.85 Acres more or
less.
TOTAL SUBDIVISION ACREAGE: 15.52 Acres.
Book: 2889 Page: 777 Chris C. Munoz
Page: 5 of 8 Pueblo Co.Clk. &Rec.
Subdivision Improvement Agreement Exhibit "B"
Bill Bennett
Thatcher Heights
Mangini & Associates, Inc. Job Number 95 -107
Street Improvements
( Athos Court
Item Number Item Total Quantity Unit Unit Cost Total Cost
1
Excavation
650
CY
$3.00
$1,950
2
Paving
2340
SY
$11.00
$25,740
3
Curb & Gutter
1189
LIN FOOT
$7.80
$9,274
4
Concrete Sidewalk
4756
SQ FOOT
$2.50
$11,890
5
Sanitary Sewer - 8"
589
LIN FOOT
$22.00
$12,958
6
Sanitary Sewer Manhole
3
EACH
$1,400.00
$4,200
7
6" Water Line
650
LIN FOOT
$28.00
$18,200
8
Water Valve
2
EACH
$300.00
$600
9
Fire Hydrant
2
EACH
$1,800.00
$3,600
10
SS Service Lines 60' ROW
19
EACH
$575.00
$10,925
11
H2O Service Lines 60' ROW
19
EACH
$480.00
$9,120
12
Monument Box
2
EACH
$450.00
$900
13
Street Lights
3
EACH
$1,075.00
$3,225
14
Type S Inlet 16'
1
EACH
$4,200.00
$4,200
15
Type S Inlet 13'
1
EACH
$3,600.00
$3,600
SUB -TOTAL
$120,382
Book: 2889 Page: 778 Chris C. Munoz
Page: 6 of 8 Pueblo Co.C1k.&Rec.
Subdivision Improvement Agreement Exhibit "B"
Bill Bennett
Thatcher Heights
Mangini & Associates, Inc. Job Number 95 -107
Street Improvements
Porthos Court
Item Number Item Total Quantity Unit Unit Cost Total Cost
I
Excavation
650
CY
$3.00
$1,950
2
Paving
2340
SY
$11.00
$25,740
3
Curb & Gutter
1189
LIN FOOT
$7.80
$9,274
4
Concrete Sidewalk
4756
SQ FOOT
$2.50
$11,890
5
Sanitary Sewer - 8"
589
LIN FOOT
$22.00
$12,958
6
Sanitary Sewer Manhole
3
EACH
$1,400.00
$4,200
7
6" Water Line
650
LIN FOOT
$28.00
$18,200
8
Water Valve
2
EACH
$300.00
$600
9
Fire Hydrant
2
EACH
$1,800.00
$3,600
10
SS Service Lines 60' ROW
19
EACH
$575.00
$10,925
11
H2O Service Lines 60' ROW
19
EACH
$480.00
$9,120
12
Monument Box
2
EACH
$450.00
$900
13
Street Lights
3
EACH
$1,075.00
$3,225
14
Type S Inlet 16'
1
EACH
$4,400.00
$4,400
15
Type S Inlet 13'
1
EACH
$3,400.00
$3,400
SUB -TOTAL
$120,382
Book: 2889 Page: 779 Chris C. Munoz
Page: 7 of 8 Pueblo Co.Clk. &Rec.
Subdivision Improvement Agreement Exhibit "B"
Bill Bennett
Thatcher Heights
Mangini & Associates, Inc. Job Number 95 -107
Street Improvements
Aramis Court
Item Number Item Total Quantity Unit Unit Cost Total Cost
1
Excavation
650
CY
$3.00
$1,950
2
Paving
2340
SY
$11.00
$25,740
3
Curb & Gutter
1189
LIN FOOT
$7.80
$9,274
4
Concrete Sidewalk
4756
SQ FOOT
$2.50
$11,890
5
Sanitary Sewer - 8"
589
LIN FOOT
$22.00
$12,958
6
Sanitary Sewer Manhole
3
EACH
$1,400.00
$4,200
7
6" Water Line
650
LIN FOOT
$28.00
$18,200
8
Water Valve
2
EACH
$300.00
$600
9
Fire Hydrant
2
EACH
$1,800.00
$3,600
10
SS Service Lines 60' ROW
19
EACH
$575.00
$10,925
11
H2O Service Lines 60' ROW
19
EACH
$480.00
$9,120
12
Monument Box
2
EACH
$450.00
$900
13
Street Lights
3
EACH
$1,075.00
$3,225
14
Type S Inlet 15'
1
EACH
$4,000.00
$4,000
15
Type S Inlet 13'
1
EACH
$3,600.00
$3,600
SUB -TOTAL
$120,182
Book: 2889 Page: 780 Chris C. Munoz
Page: 8 of 8 Pueblo Co.C1k.&Rec.
0
Subdivision Improvement Agreement Exhibit "B"
Bill Bennett
Thatcher Heights
Mangini & Associates, Inc. Job Number 95 -107
Street Improvements
Long Street
Item Number Item Total Quantity Unit Unit Cost Total Cost
I Excavation
920
CY
$3.00
$2,760
2 Paving
3311
SY
$12.90
$42,712
3 Curb & Gutter
2191
LIN FOOT
$7.80
$17,090
4 Concrete Sidewalk
3200
SQ FOOT
$2.50
$8,000
5 Handicap Ramp
385
SQ FOOT
$3.50
$1,348
6 Monument Box
1
EACH
$450.00
$450
7 24" RCP
383
LIN FOOT
$36.00
$13,788
8 18" RCP
325
LIN FOOT
$29.00
$9,425
9 30' TYPE S INLET
3
EACH
$7,000.00
$21,000
10 48" Manhole
1
EACH
$1,300.00
$1,300
11 60" Manhole
2
EACH
$1,600.00
$3,200
12 4' Sidewalk Culvert
1
EACH
$225
$225
13 Removal of C & G
120
LF
$3
$360
14 Removal of Type S Inlet
1
EACH
$900
$900
15 Type S hilet 4'
3
EACH
$1,800.00
$5,400.00
SUB -TOTAL
$127,957
Subdivision Improvement Agreement Exhibit "B"
Bill Bennett
Thatcher Heights
Mangini & Associates, Inc. Job Number 95 -107
Street Improvements
Thatcher Avem_ ie
i Item Number Item Total Quantity Unit Unit Cost Total Cost
1 Curb & Gutter
75
LIN FOOT
$7.80
$585
2 Concrete Sidewalk
2800
SQ FOOT
$2.50
$7,000
3 Storm Sewer 27 "x 42"
694
LIN FOOT
$45.00
$31,230
4 Storm Sewer - 24"
45
LIN FOOT
$36.00
$1,620
5 Type S hilet Box - 16'
1
EACH
$4,000.00
$4,000
6 60" Storm Manhole
4
EACH
$1,600.00
$6,400
7 Rip Rap
17.5
CY
$36.00
$630
8 Grading - Channel
235
CY
$2.00
$470
9 Planting - Channel
0.3
ACRE
$6,000.00
$1,800
10 Paving
86
SY
$12.90
$1,109
SUB -TOTAL $54,844
PROJECT SUB -TOTAL $543,748
Miscellaneous Contingencies @ 15% $81,562
GRAND TOTAL $625,310
Prepared By: Stephen Dear Date: 04/19/96
Checked By: Charles DiDomenico Date: 04/19/96
Firm: Mangim & Associates, Inc. /—
Reviewed By: l l./l�T �^'� Date:
K J j City of Pueblo