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