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HomeMy WebLinkAbout06078Reception 1121784 05/16/1996 ORDINANCE NO. 6078 AN ORDINANCE APPROVING THE PLAT OF EL CAMINO ESTATES, FILING NO. 2 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The final plat of E1 Camino Estates, Filing No. 2, being a subdivison of land legally described as follows: A parcel of land in the NW 1/4 of the SE 1/4 of Section 16, Township 21 South, Range 65 West of the 6th P.M., being more particularly described as follows: Considering the West line of the SE 1/4 of Section 16, Township 21 South, Range 65 West of the 6th P.M. to bear N.00 °- 00' -48 "E. and all bearings contained herein being relative thereto. Beginning at the Northeast corner of Lot 31, Block 2 in El Camino Subdivision, Fourth Filing accord- ing to the record plat thereof, filed for record July 18, 1977, said point being also the C 1/4 corner of said Section 16; thence S.88 °43'25" E., along the boundary of said Fourth Filing, a distance of 432.60 feet to the Westerly right -of- way line of the Arkansas Valley Conduit; thence 5.48 °27'50 "E., along said Westerly right -of -way line, a distance of 382.76 feet to the Northern- most corner of Lot 66, Block 2 in El Camino Estates, according to the recorded plat thereof, filed for record June 28, 1994; thence South- westerly, along the boundary of said Estates, the following five (5) courses: 1. 5.41 0 32'10 "W., a distance 2. S.48 0 27'50 "E., a distance 3. S.41 0 32 1 10 "W., a distance 4. 5.58 0 07 1 03 "W., a distance 5. N.89 0 59 1 12 "W., a distance the East boundary line of Subdivision, Fourth Filin of of of of of s 9; 180.00 feet; 55.00 feet; 124.14 feet; 543.52 feet; 97.17 feet to id E1 Camino Book: 2892 Page: 33 Chris C. Munoz Page: 2 of 3 Pueblo Co.Clk. &Rec. thence N.00 °00'48 "E., along said a distance of 814.62 feet to the AND a portion of Parcel "D ", Block 2 Subdivision, Fourth Filing, acco recorded plat thereof, filed for 1977 and being more particularly follows: East boundary line, point of beginning. in El Camino rding to the record July 18, described as Beginning at the Easternmost corner of said Parcel "D "; thence N.88 0 43 1 25 "W., along the South line of said Parcel "D ", a distance of 259.92 feet to the corner common with Lot 26, Block 2 in said Fourth Filing; thence N.46 1 22'02 "E., along the Southeasterly line of that line extended of said Lot 26, a distance of 168.57 feet to the Northeasterly line of said Parcel "D "; thence 5.48 0 27 1 50 "E., along said North- easterly line, a distance of 184.15 feet to the Point of Beginning, containing 9.757 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. Book: 2892 Page: 34 Chris C. Munoz Page: 3 of 3 Pueblo Co.C1k.&Rec. SECTION 3. This ordinance shall become effective immediately upon final passage and approval. 7 FS�'`: City Clerk INTRODUCED April 8 , 1996 By Samuel Corsentino Councilperson APPROVED 1 Pres' ent of t e Council 3/26/96 Reception 1121786 05/16/1996 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this 22nd , of 199 6 , by and between the CITY OF PUEBLO, Corporation, hereinafter referred to as "City ", and _ ED ROBINSON & ASSOCIATES, INC., a Colorado Corporation referred to as "Subdivider ". W I T N E S S E T H: WHEREAS, Subdivider has subdivided or is about t certain tract of land located in the City and legally set forth in Exhibit " A " , which is attached hereto and herein; and day of April a Municipal hereinafter o subdivide a described as incorporated WHEREAS, the Subdivider, as a condition of approval of the f inal plat of EL CAMINO ESTATES, 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: 2892 Page: 37 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: 2892 Page: 38 Chris C. Munoz Page: 3 of 7 Pueblo Co.Clk. &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 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- Book: 2892 Page: 39 Chris C. Munoz Page: 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 Cor ration er By C — �,JM X E ward L. obin , President (S E A L) STATE OF COLORADO) ) s s . By �t COUNTY OF PUEBLO ) Hele Robinson, Secretary The foregoing instrument was acknowledged before me this day of `moo, I , 199 6 , by Edward L. Robinson, President and Helen G. Robinson, Secretary of ED ROBINSON & ASSOCIATES, INC.. a Colorado Corporation Subdivider. - commission expires: 1 r 15 cw, ara, r go Notary Public Address: I aS E, qt— Pa..ebl�, C.J givo3 e — 1' CITY OF PUEBLO, a Municipal Corporation President of the Council eau n z { . ty Clerk STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was day of Day , 199 6 , as President of City Council, and City Clerk of the City of Pueblo, My commission expires: I ' ``' • •�Q., f .,� Addr s : 9 ,i ••. . _ TO FORM: City Attorney acknowledged before me this 15t by Fay B. Kastelic Gina Dutcher as Colorado. C lic -4- r Book: 2892 Page: 40 Chris C. Munoz Page: 5 of 7 Pueblo CO.Clk. &Rec. SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" A parcel of land in the NW1 /4 of the SE1 /4 of Section 16, Township 21 South, Range 65 West of the 6th P.M., being more particularly described as follows: Considering the West line of the SE1 /4 of Section 16, Township 21 South, Range 65 West of the 6th P.M. to bear N.00 ° -48 "E. and all bearings contained herein being relative thereto. Beginning at the Northeast corner of Lot 31, Block 2 in El Camino Subdivision, Fourth Filing, according to the record plat thereof, filed for record July 18, 1977, said point being also the C1/4 corner of said Section 16; thence S.88 ° 43'25 "E., along the boundary of said Fourth Filing, a distance of 432.60 feet to the Westerly right -of -way line of the Arkansas Valley Conduit; thence S.48 ° 27'50 "E., along said Westerly right -of -way line, a distance of 382.76 feet to the Northernmost corner of Lot 66, Block 2 in E1 Camino Estates, according to the recorded plat thereof, filed for record June 28, 1994; thence Southwesterly, along the boundary of said Estates, the following five (5) courses: 1. S.41 ° 32'10 "W., a distance of 180.00 feet; 2. S.48 ° 27'50 "E., a distance of 55.00 feet; 3. S.41 ° 32'10 "W., a distance of 124.14 feet; 4. S.58 ° 07'03 "W., a distance of 543.52 feet; 5. N.89 ° 59'12 "W., a distance of 97.17 feet to the East boundary line of said E1 Camino Subdivision, Fourth Filing; thence N.00 ° 00'48 "E., along said East boundary line, a distance of 814.62 feet to the Point of Beginning. AND A portion of Parcel "D ", Block 2 in El Camino Subdivision, Fourth Filing, according to the recorded plat thereof, filed for record July 18, 1977 and being more particularly described as follows: Beginning at the Easternmost corner of said Parcel "D "; thence N.88 ° 43'25 "W., along the South line of said Parcel "D ", a distance of 259.92 feet to the corner common with Lot 26, Block 2 in said Fourth Filing; thence N.46 ° 22'02 "E., along the Southeasterly line and that line extended of said Lot 26, a distance of 168.57 feet to the Northeasterly line of said Parcel "D "; thence S.48 ° 27'50 "E., along said Northeasterly line, a distance of 184.15 feet to the Point of Beginning. Containing 9.757 acres, total. 8503216.203 Book: 2892 Page: 41 Chris C. Munoz Page: 6 of 7 Pueblo Co.C1k.&Rec, SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EL CAMINO ESTATES, FILING NO. 2 DEVELOPER: ED ROBINSON & ASSOCIATES, INC. ENGINEER: KLH ENGINEERING OF PUEBLO, INC. MIRADA COURT ASPHALT (3" ON 6 "): 1185.29 SY @ $11 /SY = $13,038. CURB & GUTTER (6 RAMP): 563.24 LF @ $7.80 /LF = 4,393. SANITARY SEWER : @ $650 /EA = 650. 1 SERVICES 8 PVC 0 -12 208 LF @ $22 /LF = 4,576. 48" MH 0 -12 1 EA @ $1400 /EA = 1,400. 4 WYES 6 EA @ $575/EA = 3,450. WATER 6 PVC 219 LF @ $28 /LF = 6,132. PERMANENT BLOW —OFF: 1 EA @ $650 /EA = 650. 1 SERVICES 6 EA @ $480 /EA = 2,880. MONUMENTS 2 EA @ $450 /EA = 900. STREET LIGHTS 1 EA @ $1300 /EA = 1,300. SUBTOTAL = $38,719. ALHAMBRA DRIVE -------- - - - - -- -------------- ASPHALT (3 11 ON 6 1 a : 3194.19 SY @ $11 /SY = $ 35,136. CURB & GUTTER (6 RAMP) 1481.34 LF @ 7.80 /LF = 11,554. 7" REINF. CONC. HANDICAP RAMPS: 2 EA @ 500 /EA = 1,000. SANITARY SEWER 8" PVC 0 -12 647.10 LF @ $22 /LF = 14,234. 48" MH 0 -12 4 EA @ $1400 /EA = 5,600. 4 WYES 13 EA @ $575/EA = 7,475. CONCRETE ENCASEMENT: 20 LF @ $20 /LF = 400. 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: (A" City of Pueblo 2/6/96 DATE DATE KLHFORM.8503216.200 —6— Book: 2892 Page: 42 Chris C. Munoz Page: 7 of 7 Pueblo Co.Clk. &Rec. SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EL CAMINO ESTATES, FILING NO. 2 DEVELOPER: ED ROBINSON & ASSOCIATES, INC. ENGINEER: KLH ENGINEERING OF PUEBLO, INC. ALHAMBRA DRIVE (CONT'D) WATER 6 " PVC 393.0 LF @ $28 /LF = 11,004. 8" PVC 136 LF @ $28 /LF = 3,808. 1 SERVICES: 13 EA @ $480 /EA = 6,240. STORM: 24" CL III RCP: 38.67 LF @ $36 /LF = 1,392. 30" CL III RCP: 185 LF @ $50 /LF = 9,250. TYPE "S" INLETS, L =8 2 EA @ $2600 /EA = 5,200. RIP RAP 8.33 CY @ $50 /CY = 417. MONUMENTS 6 EA @ $450 /EA = 2,700. STREET LIGHTS 2 EA @ $1,300 /EA = 2,600. SUBTOTAL $118,010. EARTHWORK 15,000 CY @ $1.50 /CY $22,500. GRAND TOTAL $179,229. This is an estimate only. Actual Construction costs may vary. This estimate may not include all construction costs. PREPARED BY: J. WILKERSON 2/6196 DATE FIRM: KLH ENGINEERING OF PUEBLO, INC. REVIEWED BY: ri22�1 jyG 5 `�0 -96 OK ) ) ,c City of Pueblo DATE KLHFORM.8503216.200 -7- Reception 1121787 05/16/1996 NOTICE OF SHALLOW SANITARY SEWER SERVICE LINES Notice is hereby given to the owner(s) of Lots 62 and 63, Block 2 in EL CAMINO ESTATES, FILING NO. 2, Pueblo County, Colorado, and their heirs, personal representatives, successors and assigns, that sanitary sewer service to basements of these lot(s) may require a pumping system due to the elevation of the sanitary sewer line(s) in the street or public right of way. This notice is dated April 30, 19 96 . SUBDIVIDER: ED ROBINSON & ASSOCIATES,INC. Colorado Corporation $ Edward L. Robinso , President Helen obinson, Secretary STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on Apr; 1 30, , 1996, by Edward L. Robinson, President and Helen G. Robinson, Secretary of ED ROBINSON & ASSOCIATES, INC., a Colorado Corporation. Witness my hand and seal. My commission expires: 8 -31 -98 x`1 � E • r, ,`j,. ` . , 8-5032a6 x,203 o ry Public