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HomeMy WebLinkAbout06121Reception 1157738 02/19/1997 ORDINANCE NO. 6121 AN ORDINANCE APPROVING THE PLAT OF RANCHO DEL SOL SUBDIVISION, 7TH FILING BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The final plat of Rancho Del Sol Subdivision, 7th Filing, being a subdivision of land legally described as follows: A parcel of land located within the City of Pueblo, State of Colorado, to wit: A parcel of land being a part of the Northwest 1/4 of Section 13, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows: Commencing at the Southeast corner of Rancho Del Sol Fifth Filing; Thence N 00 0 11 1 07" W along the East line of said Rancho Del Sol Fifth Filing, a distance of 80.00 feet; Thence N 89 0 46 1 30" W along the North right -of -way of Fortino Boulevard, a distance of 40.00 feet to the point of beginning; Thence N 89 0 46 1 30" W along said right -of -way of Fortino Boulevard, a distance of 110.02 feet to a point on the East right -of -way line of Paseo Del Norte; Thence the following 5 courses following said East right -of -way of Paseo Del Norte" 1) Thence N 00 0 13 1 30" a distance of 164.36 feet to the beginning of a curve to the left; 2) Thence Northwesterly along the arc of said curve, said curve having a radius of 240.00 feet and a central angle of 50 0 57 1 38 ", a distance of 213.46 feet; 3) Thence N 50 0 44 1 08" W a distance of 544.83 feet to a curve to the right; 4) Thence Northerly along the arc of said curve, said curve having a radius of 180.00 feet and a central angle of 50 0 44 1 08 ", a distance of 159.39 feet; Book: 2970 Page: 773 Chris C. Munoz Page: 2 of 3 Pueblo Co.Clk. &Rec. 5) Thence N 00 0 00 1 00" E, a distance of 116.96 feet; Thence N 90 1 00 1 00" E, a distance of 120.00 feet; Thence S 00 °00 E, a distance of 114.71 feet; Thence S 25 0 22 1 04" E, a distance of 55.48 feet; Thence N 50 0 44 1 08" W, a distance of 701.03 feet to a point on the East line of the West half of the Northwest quarter of Section 13; thence S 00 0 11 1 27" W along said East line of the West half of the Northwest quarter of Sectin 13, a distance of 344.18 feet to the point of beginning. Said parcel contains 114,894 square feet or 3.326 acres, more or less is hereby approved; and 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 be effective immediately upon final passage and approval. 4 Book: 2970 Page: 774 Chris C. Munoz Page: 3 of 3 Pueblo Co.Clk. &Rec. INTRODUCED September 9 , 1996 B y John Verna Councilmember P. APPROVE Pr o the Council ATTEST: I k)'c Yea x City Clerk 8/29/96 Reception 1157740 02/19/1997 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this 31st day of January , 199 7 and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City ", and 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 A.lyr..1 '0 S Cil_ SB A/EN - n+ PILiAl(r- 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 uncompleted 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. -1- 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 specffically 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. 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 of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as hereinabove set forth. Book: 2970 Page: 778 Chris C. Munoz Page: 2 of 7 Pueblo Co.Clk.&Rec. 1P4 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. (SEAL) STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 31st day as President of of January , 199—Z-, by J. B. Champion, Jr. yg � Champion Real Estate, Inc., a Colorado Corporation. My commission expires: r March 11, 1998 (� Nota 'Public (S E A L) �. KIH Add ss 2145 Jerry Murphy Road �Fi_.•� Pueblo, CO. 81001 G� STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) CITY OF PUEBLO, a Municipal Corporation By Pre dent otAhe Council The foregoing instrument was acknowledged before me this day of ^ 199 by -OaA14 4. 6�' ur - cicz , as President of City Council, and &I r\4 n u L 1 er as City Clerk of the City of Pueblo, Colorado. , cg; ivsion expires: ( jab f 9 a APPROVED AS TO FORM: city ! *n - Vey C;drr ess. Public p i3"klk I Co Book: 2970 Page: 779 Chris C. Munoz Page: 3 of 7 Pueblo Co.C1k.&Rec. -3- SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "All A PARCEL OF LAND BEING A PART OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF RANCHO DEL SOL FIFTH FILING, THENCE N 00'11'27" W ALONG THE EAST LINE OF SAID RANCHO DEL SOL FIFTH FILING, A DISTANCE OF 80.00 FEET; THENCE N 89'46'30" W ALONG THE NORTH RIGHT —OF —WAY OF FORTINO BOULEVARD, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; THENCE N 89'46'30" W ALONG SAID RIGHT —OF —WAY OF FORTINO BOULEVARD, A DISTANCE OF 110.02 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF PASEO DEL NORTE; THENCE THE FOLLOWING 5 COURSES ALONG SAID EAST RIGHT —OF —WAY OF PASEO DEL NORTE: 1. THENCE N 00'13'30" E A DISTANCE OF 164.36 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; 2. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, SAID CURVE HAVING A RADIUS OF 240.00 FEET AND A CENTRAL ANGLE OF 50'57'38 ", A DISTANCE OF 213.46 FEET; 3. THENCE N 50'44'08" W A DISTANCE OF 544.83 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; 4. THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, SAID CURVE HAVING A RADIUS OF 180.00 FEET AND A CENTRAL ANGLE OF 50'44'08 ", A DISTANCE OF 159.39 FEET; 5. THENCE N 00'00'00" E, A DISTANCE OF 116.96 FEET; THENCE N 90'00'00" E A DISTANCE OF 120.00 FEET; THENCE S QO'0O'OD" E. A DISTANCE OF 114.71 FEET; THENCE S 25'22'04" E. A DISTANCE 55.48 FEET; THENCE N 50'44'08" W, A DISTANCE OF 701.03 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 13; THENCE S 0011'27" W ALONG SAID EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 13, A DISTANCE OF 344.18 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 114,894 SQUARE FEET OR 3.326 ACRES MORE OR LESS. Book: 2970 Page: 780 Chris C. Munoz Page: 4 of 7 Pueblo Co.Clk. &Rec. —4— SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT nBn SUBDIVISION NAME: RANCHO DEL SOL 7TH FILING DEVELOPER: CHAMPION REAL ESTATE, INC. ENGINEER: RIMLEY —HORN AND ASSOCIATES, INC. I. TIERRA BERIENDA STA 5 +48.74 TO 7 +31.74 ITEM QUANTITY IINIT IINIT COST TOTAL ROADWAY IMPROVEMENTS 4 ROLLED C &G 281 LF 7.80 1,825.20 ASPHALT 3 ON 10" 731 Sy 14.70 10,745.70 SQUARE PAN RADIUS 2 EA 419.00 838.00 6' CONCRETE PAN 235 SF 3.80 893.00 SANITARY SEWER 8 PVC PIPE 96 LF 22.00 2,112.00 WATER MAIN 8 DIP 223 LF 29.22 6,516.06 12" DIP 58 LF 29.22 1,694.76 STORM SEWER 18" RCP 95 LF 27.00 2,565.00 5' DIA MANHOLE 1 EA 1600.00 1,600.00 MISCELLANEOUS LIGHT POLES 1 EA 1500.00 1,500.00 BARRICADES 3 EA 1000.00 3,000.00 MONUMENT BOX 1 EA 450.00 450.00 TOTAL 33,739.72 Book: 2970 Page: 781 Chris C. Munoz Page: 5 of 7 Pueblo Co.C1k.&Rec. —5— TOTAL 26,392.34 GRAND TOTAL = 60,132.06 Book: 2970 Page: 782 Chris C. Munoz Page: 6 of 7 Pueblo Co.C1k.&Rec. W-M EXHIBIT "B" (CONT) RANCHO DEL SOL 7TH FILING II. TIERRA BERIENDA STA 14 +78.98 TO 15 +95.98 ITEM QUANTITY UNIT UNIT COST TOTAL ROADWAY IMPROVEMENTS 4 ROLLED C &G 234 LF 7.80 1,825.20 ASPHALT 3 ON 10" 416 SY 14.70 6,115.20 SANITARY SEWER 5' DIA. MH 1 EA 1600.00 1,600.00 8 PVC PIPE 129 LF 22.00 2,838.00 WATER MAIN 8 DIP 127 LF 29.22 3,710.94 STORM SEWER 18" RCP 139 LF 27.00 3,753.00 5' TYPE S INLET 1 EA 2000.00 2,000.00 5' DIA MANHOLE 1 EA 1600.00 1,600.00 MISCELLANEOUS LIGHT POLES 1 EA 1500.00 1,500.00 BARRICADES 1 EA 1000.00 1,000.00 MONUMENT BOX 1 EA 450.00 450.00 TOTAL 26,392.34 GRAND TOTAL = 60,132.06 Book: 2970 Page: 782 Chris C. Munoz Page: 6 of 7 Pueblo Co.C1k.&Rec. W-M EXHIBIT "BII (CONT) RANCHO DEL SOL 7TH FILING I. TIERRA BERIENDA STA 5 +48.74 TO 7 +31.74 II. TIERRA BERIENDA STA 14 +78.98 TO 15 +95.98 GRAND TOTAL PREPARED BY: RUSSELL B. HALL PE & PLS KIMLEY HORN AND ASSOCIATES, INC. 9025 EAST KENYON AVENUE, SUITE 219 DENVER, CO 80237 33,739.72 26,392.34 $ 60,132.06 111-5 DATE REVIEWED BY• • 1"' _ ot" y" 97 CITY OF PUEBLO DATE Book: 2970 Page: 783 Chris C. Munoz Page: 7 of 7 Pueblo Co.C1k.&Rec. —7— Reception 1157741 02/19/1997 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT This Addendum shall be incorporated in and and become a part of the 3 / , 1997 Subdivision Improvements Agreement for Rancho Del Sol Seventh Filing (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. Within 180 days after issuance of a building permit to construct any building or structure on Lots 1 through 6 of Block 1, or Lots 2 through 10 of Block 2, or upon issuance of a certificate of occupancy for any said building or structure, whichever is sooner, the Subdivider shall construct a temporary cul -de -sac at the north intersection of Tierra Berienda and Paseo Del Norte in accordance with the approved plans therefor, and 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, in an amount equal to 25% of the cost of completing the public improvements to the extensions of Tierra Berienda, north and south, and to the north intersection of Tierra Berienda and Paseo Del Norte, according to the approved plans therefor. 2. Within 180 days after issuance of a building permit to construct any building or structure on Lot 7 of block 1, or Lot 1 of Block 2, or upon the issuance of a certificate of occupancy for any said building or structure, whichever is sooner, the Subdivider shall construct (i) a temporary cul -de -sac at the north intersection of Tierra Berienda and Paseo Del Norte, and (ii) the south extension of Tierra Berienda, all in accordance with the approved plans therefor, and 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, Book: 2970 Page: 785 Chris C. Munoz Page: 2 of 3 Pueblo Co.Clk. &Rec. subject to an escrow agreement approved by the City Attorney, in an amount equal to 25% of the cost of completing the public improvements to the north extension of Tierra Berienda, and to the north intersection of Tierra Berienda and Paseo Del Norte, according to the approved plans therefor. 3. Within 180 days after issuance of a building permit to construct any building or structure on Lot 11 of Block 2, or upon the issuance of a certificate of occupancy for any said building or structure, whichever is sooner, the Subdivider shall construct (i) the north intersection of Tierra Berienda, and (ii) Paseo Del Norte and the north extension of Tierra Berienda, all in accordance with the approved plans therefor, and 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, in an amount equal to 25% of the cost of completing the public improvements to the south extension of Tierra Berienda, according to the approved plans therefor. 4. All Lots and Blocks referred to in this Addendum are located within the Subdivision and the term "public improvements" as used herein, means and includes all public improvements defined and described in the Subdivision Improvements Agreement for the Subdivision. 5. The covenants of this Addendum shall run with the land within the Subdivision and shall be binding upon and may be specifically enforced against the Subdivider and its successors and assigns, and subsequent owners of lots within the Subdivision. If Subdivider or any subsequent owners of lots within the Subdivision fail to complete the improvements or make the deposits as required by this Addendum, no further 2 f Book: 2970 Page: 786 Chris C. Munoz Page: 3 of 3 Pueblo Co.C1k.&Rec. building permits shall be issued to build or construct any building or structure in the Subdivision until failure is remedied. Executed at Pueblo, Colorado as of the date and year stated above. SUBDIVIDER: Champion Real Estate, Inc. BY: ` Name: J.B. Champion, Jr. Title: President PUEBLO, A MUNICIPAL CORPORATION President if the tity Council 3