HomeMy WebLinkAbout06135Reception 1192293
11/03/1997
ORDINANCE NO. 6135
AN ORDINANCE APPROVING THE PLAT OF BELMONT
COMMONS SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION 1.
The final plat of Belmont Commons Subdivision,
being a subdivision of land legally described as
follows:
A parcel of land described in that warranty
deed filed for record March 15, 1990, in
Book 2488 at Page 704 in the records of the
Pueblo County Clerk and Recorder:
ALSO DESCRIBED AS FOLLOWS:
A parcel of land being a portion of Block 28,
Belmont Eleventh Filing, according to the
recorded plat thereof filed for record August
3, 1955 at reception number 992650 in the
records of the Pueblo County Clerk and Recorder:
All of Lots 1 through 10 and a portion of Lot
11, Block 109 and a portion of Lot 17 and all
of Lots 18 through 26, Block 108, and all of
vacated Toltec Road lying adjacent to said
Lots in Belmont Seventh Filing, according
to the recorded plat thereof filed for record
February 15, 1954 at reception number 995427
in the records of the Pueblo County Clerk and
Recorder, being more particularly described
as follows:
Beginning at the northeast corner of Lot 1
of said Block 108, Belmont Seventh Filing:
Thence easterly along the southerly right -
of -way line of Horseshoe Drive the following
four (3) courses:
1) S 76 0 36 1 06" E (S 76 1 37' E plat), a distance
of 288.08 feet;
2) along the arc of a curve to the right having
a central angle of 20 0 41 1 47" and a radius
of 788.64 feet, a distance of 284.47 feet
(284.85 feet plat);
3) S 55 0 53'06" E (S 55 0 55 1 40" E Plat), a
distance of 46.22 feet to the northwest
corner of that parcel of land described
in that document filed for record July
6, 1965 in Book 1572 at Page 397 in the
records of the Pueblo County Clerk and
Recorder:
Thence along the westerly line of said parcel
the following two (2) courses:
1) S 33 0 00'23" W (S 32 0 37' W deed), a distance
of 349.23 feet (348.67 feet deed);
2) S 34 0 24 1 23" W (S 34 W deed), a distance
of 233.60 feet (233.18 feet deed);
Thence N 83 0 28 1 31" W (N 83 0 26' W deed), a dis-
tance of 250.00 feet to a point on the east
line of said Lot 10, Block 108; Thence
Northerly along the easterly line of said Lots
1 through 10, Block 108 the following two (2)
courses:
1) along the arc of a non - tangent curve to the
left whose center bears N 83 0 28 1 31" W and
having a central angle of 08 0 10 1 15" and a
radius of 1146.07 feet, a distance of 163.38
feet (166.65 feet plat);
2) N O1 0 37'00" W, a distance of 501.15 feet
(501.17 feet plat), to the point of beginning.
Said parcel contains 26,122 square feet or
6.13 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,
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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.
ti r
roe I
Aim
City Clerk
INTRODUCED October 28 , 1996
By _ C'�� rpm a
Councilperson
APPROVED 77 J
Pre si ent o � theCouncil
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10/31/96
Reception 1192295
11/03/1997
SUB ION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this 3 rd day of 199 7
by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City ", and
Dennis Maroney, President Belmont Fitness & Training Center
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 Belmont
commnns 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
uncornp.;;,eu nrprovements 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.
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 property
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.
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 saie,
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 hereinnhove set forth.
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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
of sn !XV , 199a, by
My commission expires: - 1118
(SEAL)
Dennis Maroney
Subdivider
B — —
me this _ day
Notary
Address: G
T" I
w o o
CITY OF PUEBLO, a Municipal Corporation
By
Pre ent of t e Council
The foregoing instrument was acknowledged before me this 30' day
of tDc-q-`' /a e - , 199? , by a ' Ga �� /Q , as President of City
Council, and n4 1b" as City Clerk of the City of Pueblo, Colorado.
expires:
Pull _
rf
APPROVED AS TO FORM:
No Public
Ad es s: /0 A4� -,/ r, ,0
�O,.c,c�,G --lo
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.3-
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
EXHIBIT "A"
A parcel of land described in that warranty deed filed for record March 15, 1990 in Book
2488 at Page 704 in the records of the Pueblo County Clerk and Recorder:
ALSO DESCRIBED AS FOLLOWS:
A parcel of land being a portion of Block 28, Belmont Eleventh filing, according to the
recorded plat thereof filed for record August 3, 1955 at reception number 992650 in the
records of the Pueblo County Clerk and Recorder; All of Lots 1 through 10 and a portion
of Lot 11, Block 109 and a portion of Lot 17 and all of Lots 18 through 26, Block 108
and all of vacated Toltec Road lying adjacent to said Lots in Belmont Seventh Filing,
according to the recorded plat thereof filed for record February 15, 1954 at reception
number 995427 in the records of the Pueblo County Clerk and Recorder, being more
particularly described as follows;
BEGINNING at the northeast corner of Lot 1 of said Block 108, Belmont Seventh Filing;
Thence easterly along the southerly right of way line of Horseshoe Drive the following
three ( 3 ) courses;
1. S 76 0 36'06 "E ( S 76 plat ), a distance of 288.08 feet;
2. along the arc of a curve to the right having a central angle of 20 °41'47" and a radius
of 788.64 feet, a distance of 284.47 feet ( 284.85 feet plat );
3. S 55 °53'06" E ( S 55 °55'40" E Plat), a distance of 46.22 feet to the northwest corner
of that parcel of land described in that document filed for record July 6, 1965 in Book
1572 at Page 397 in the records of the Pueblo County Clerk and Recorder,
Thence along the westerly line of said parcel the following two ( 2 ) courses;
1. S 33 °00'23" W ( S 32 °37' W deed ), a distance of 349.23 feet ( 348.67 deed );
2. S 34 0 24'23" W ( S 34 °01' W deed ), a distance of 233.60 feet ( 233.18 feet deed );
Thence N 83 °28'31" W ( N 83 0 2655" W deed ), a distance of 250.00 feet to a point on
the east line of said Lot 10, Block 108; Thence northerly along the easterly line of said
Lots 1 through 10, Block 108 the following two ( 2 ) courses;
1. along the arc of a non - tangent curve to the left whose center bears N 83 0 28'31 "W and
having a central angle of 08 °10' 15" and a radius of 1146.07, a distance of 163.38 feet
( 166.65 feet plat );
2. N 01 °37'00" W, a distance of 501.15 feet( 501.17 feet plat)
to the POINT OF BEGINNING;
Said parcel contains 26,122 Sq. Ft. or 6.13 acres more or less.
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Subdivision Improvement Agreement Exhibit "B"
Dennis Maroney
Belmont Commons
Mangini & Associates, Inc. Job Number 96- 260 -00
Improvements
v.4 xxli.•:,:•.•.
a:::r..y :.:•:..:;, •:.......:• oc:;.. r::::•.: :.;;:::.vM1 }::. •....•: •:.. 3`3,'i333::;..::..`:... ..... .i +.n.... ., r,:;:;"�; .....3'.3333333: • ... y; .fit; , X22# :�r�`� ^�iit�:�£`:::;:;': < %:fi',:
'• i:: SLT# �E:. �::: z_:«<>:::'; a;;;,?? k; s;:>. �3 :..,.... \........,.......,..... .. \'\:�:,,. \ \ \:.,......i`�zQ�T` ::3:::::33:::
1
Excavation
13,411
CY
$2.00
$26,822
2
4" Concrete
24,631
SY
$2.50
$61,578
3
6" Sanitary Sewer main
795
LF
$20.00
$15,900
4
8" Sanitary Sewer main
347
LF
$22.00
$7,634
5
Sanitary Sewer Service Lines
62
EA
$575.00
$35,650
6
4' Sanitary Sewer Manhole
4
EA
$1,400.00
$5,600
7
Conc. Curb and Gutter
117
LF
$7.80
$913
8
6" Concrete
381
SF
$3.20
$1,219
9
8" Water Main
1,338
LF
$29.22
$39,096
10
Water Service Lines
62
LF
$480.00
$29,760
11
Fire Hydrant Assembly
1
EA
$1,800.00
$1,800
12
Outlet Structure
2
EA
$3,000.00
$6,000
13
Silt Fence
250
LF
$1.00
$250
SUB -TOTAL
Miscellaneous Contingencies @ 15%
GRAND TOTAL
$232,222
$34,833
$267,055
Prepared By: Ray Perez Date: 8/07/96 (rev 9/19/97)
Checked By: Charles DiDomenico
Firm: Mangini & Associates, Inc.
9/19/97
Reviewed By: 6Lv7, a, Date: / 9/`1
City of Pueblo
III OF 1111 IN
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Belmont Commons 03 -&t -97
BELMONT.WB1 Job No. 96- 260-00
Reception 1192296
11/03/1997
DECLARATION OF COVENANTS CONCERNING
PRIVATE SANITARY SEWER, DRAINAGE, AND PRIVATE INGRESS &
EGRESS EASEMENTS
FOR BELMONT COMMONS SUBDIVISION
This Declaration of Restrictive Covenants (Declaration) is made on
�o 1997, by Dennis Maroney, as owner and Developer (Declarant).
RECITALS
This Declaration is made concerning the following:
A. Declarant owns the real property contained in Belmont Commons Subdivision, A
Special Area Plan, located in the City of Pueblo, County of Pueblo, State of
Colorado, and described as a parcel of land described in that warranty deed filed
for record March 15, 1990 in Book 2488 at Page 704 in the records of the Pueblo
County Clerk and Recorder:
ALSO DESCRIBED AS FOLLOWS:
A parcel of land being a portion of Block 28, Belmont Eleventh filing, according
to the recorded plat thereof filed for record August 3, 1955 at reception number
992650 in the records of the Pueblo County Clerk and Recorder; All of Lots 1
through 10 and a portion of Lot 11, Block 109 and a portion of Lot 17 and all of
Lots 18 through 26, Block 108 and all of vacated Toltec Road lying adjacent to
said Lots in Belmont Seventh Filing, according to the recorded plat thereof filed
for record February 15, 1954 at reception number 995427 in the records of the
Pueblo County Clerk and Recorder, being more particularly described as follows;
BEGINNING at the northeast corner of Lot 1 of said Block 108, Belmont
Seventh Filing; .Thence easterly along the southerly right of way line of
Horseshoe Drive the following three ( 3 ) courses;
1. S 76 0 36'06 "E ( S 76 °37'E plat ), a distance of 288.08 feet;
2. along the arc of a curve to the right having a central angle of 20 °41'47" and a
radius of 788.64 feet, a distance of 284.47 feet ( 284.85 feet plat );
3. S 55 0 53'06" E ( S 55 0 55'40" E Plat), a distance of 46.22 feet to the northwest
corner of that parcel of land described in that document filed for record July 6,
1965 in Book 1572 at Page 397 in the records of the Pueblo County Clerk and
Recorder;
Thence along the westerly line of said parcel the following two ( 2 ) courses;
1. S 33 0 00'23" W ( S 32 °37' W deed ), a distance of 349.23 feet ( 348.67 deed );
Belmont Commons Subdivision
1
Declaration of Covenants
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2. S 34 0 24'23" W ( S 34 ° 01' W deed ), a distance of 233.60 feet ( 233.18 feet
deed );
Thence N 83 °28'31" W ( N 83 °26'55" W deed ), a distance of 250.00 feet to a
point on the east line of said Lot 10, Block 108; Thence northerly along the
easterly line of said Lots 1 through 10, Block 108 the following two ( 2 ) courses;
1. along the arc of a non - tangent curve to the left whose center bears N
83 °28'31 "W and having a central angle of 08 °10' 15" and a radius of 1 146.07,
a distance of 163.38 feet ( 166.65 feet plat );
2. N O1 °37'00" W, a distance of 501.15 feet ( 501.17 feet plat )
to the POINT OF BEGINNING;
B. Declarant desires to provide for the proper development of the property and to
insure for the installation, maintenance and repair of the private sanitary sewer,
Drainage, and private ingress and egress easements as shown on the plat for the
Subdivision.
Now therefore, Declarant declares that the Property is and shall be held, transferred, sold,
conveyed, occupied and used subject to the following covenants, conditions and
restrictions.
Purposes of Covenants and Restrictions:
A. To insure proper development of the Subdivision.
B. To provide reasonable methods to maintain and repair all
platted easements on -site of the Property to benefit the
Subdivision.
2. Restrictions: The Property contains easements as shown on the
Subdivision Plat. Such easements are described in attached
Exhibit "A ".
A. All of the easements comprise a plan to benefit all lots in
the Subdivision.
B. Each lot owner shall maintain and repair all improvements
and facilities installed in the easement on or adjacent to each
lot owner's respective lot, however, the owners of all lots
shall be jointly and severally responsible for the maintenance
and repair of all improvements and facilities installed on the
easements described in attached Exhibit "A ".
& Ree
Belmont Commons Subdivision 2 Declaration of Covenants
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C. No Building or structure of any kind shall be placed in any
easement on the Property.
General provisions:
A. Terms: These covenants shall run with the land and shall
be binding on all parties and all persons claiming under
them.
B. Enforcement: Enforcement shall be by proceeding at law
or equity against any person or entity violating, attempting
to violate, or not complying with any of these covenants.
The enforcing party may seek and obtain recovery of
damages, injunctive relief, or both and attorneys' fees.
C. Severability: Invalidation of any one of these covenants by
judgment or court order shall not affect the other provision
which shall remain in effect.
D. Notice: Any notice needed to be given to any owner under
the provisions of these covenants shall be sent to the last
known address of the record owner of the lot in which the
owner has an interest as shown by the records of the Pueblo
County, Colorado Clerk and Recorder at the time of such
mailing.
E. Standing: All lot owners in Belmont Commons Subdivision
shall have the right to enforce these covenants in any court
of competent jurisdiction.
Belmont Commons Subdivision 3 Declaration of Covenants
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In witness whereof the following have set their hand:
Ok to /14
IS MA ONEY DATE:
MANAGER, BELMONT COMMONS, LL .
STATE OF COLORADO)
S.S.
COUNTY OF PUEBLO )
The fore oing instrument was acknowledged before me this day
Of 1997 A.D. Dennis Maroney, Manager, Belmont Commons,
LLC.
My Commission Expires:
Al
Belmont Commons Subdivision 4 Declaration of Covenants
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EXHIBIT "A"
UTILITY AND DRAIN EA
NS SUBDIVISION
BELMONT COM
and B, Belmont Commons Subdivision, according to the recorded plat thereof,
Parcel AZ at Pa
filed for record 11°t
2 2R y , 1997 in Book g�` � to the
records of the Pueblo County Clerk and Recorder.
Declaration of Covenants
Belmont Commons Subdivision