HomeMy WebLinkAbout06145Reception 1156302
02/06/1997
ORDINANCE NO. 6145
AN ORDINANCE APPROVING THE PLAT OF HEATHERWOOD
COURT SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION 1.
The final plat of Heatherwood Court Subdivision,
being a subdivision of land legally described as
follows:
All of Lots 1 thru 40, and all of the vacated
alley in Block 115, East Pueblo Heights Subdi-
vision Second Filing, excepting therefrom that
portion conveyed to the State Highway Commission
in that document recorded June 13, 1954 at
Reception No. 964076 in the records of the
Pueblo County Clerk and Recorder and all of
Lots 9 thru 20 and the north one half of vacated
alley adjacent thereto in Block 125, East Pueblo
Heights Subdivision Second Filing and all of
vacated Seventeenth Street adjacent to said
Blocks 115 and 125, East Pueblo Heights Subdi-
vision Second Filing, being a subdivision of a
portion of the NE 1/4 of Section 29, Township
20 South, Range 64 West of the Sixth Principal
Meridian, City of Pueblo, County of Pueblo,
State of Colorado. Said parcel contains
203493.51 Sq. ft. or 4.67 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,
Book: 2967 Page: 826 Chris C. Munoz
Page: 2 of 2 Pueblo Co.Clk. &Rec.
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.
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ATTESTS
City Clerk
INTRODUCED November 11 , 1996
By Jahn NZersa
Councilperson
APPROVED X47,- >
Pre s' ent of the Council
10/31/96
Reception 1156304
02/06/1997
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this 31 day of Decembe 199 6
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by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City ", and
Douglas W. Stauffer, Pre s i dent, Tartan Associates Inc.
hereinafter referred to as "Subdivider".
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o WITNESSETH:
CO W WHEREAS, Subdivider has subdivided or is about to subdivide a certa+i'i tract of land located in the
LO City and legally described as set forth in Exhibit "A ", which is attached hereto and incorporated herein; and
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o WHEREAS, the Subdivider, as a condition of approval of the final plat of Heatherwood
as �, court Subdivision, wishes to enter into this Subdivision Improvements Agreement as
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authorized by Chapter 4, Title XII of the 1971 Code of Ordinances; and
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p° o 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
co and incorporated herein; and
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o WHEREAS, pursuant to Chapter 4, Title XII of the 1971 Code of ordinances Subdivider is obligated to
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o 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 ".
o w NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and
Subdivider agree as follows:
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A � 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
o certificate of occupancy for any such building or structure, whichever is sooner, to construct and install at his
w sole cost and expense all of those public improvements set forth in Exhibit "B ", which is attached hereto and
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a incorporated herein.
2. In lieu of installing the required public improvements set forth in Exhibit "B" within one hundred
eight 180 d Subdivider or an subs owner of the land or an
g ty ( ) y y q y portion thereof shall deposit cash
° a 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
H 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
uncurripiewu 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.
5. The City may treat the amount of such deposit as a debt due the City from Subdivider or
N a 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
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o remedies provided for herein are cumulative and the use of one shall not prohibit the use of another.
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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.
w 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 12- 4-7(J) of
co the 1971 Code of Ordinances, Subdivider specifically agrees that no certificate of occupancy shall be issued
u, by the Pueblo Regional Building Department until a certificate of compliance has been approved and issued
M by the City Director of Public Works and duly recorded in the Office of the Pueblo County Clerk and Recorder
E— 0 which certifies that those public improvements set forth in Exhibit "B ", or that portion of said improvements as
N N 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
o ro d esigned, 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, ff 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.
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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.
(S E A L)
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this � day
of ' ' 199 , by 3 ]7B1G W t )- 5 � k , Subdivider.
My commission expires
of
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N tary Public~
Address: b34 viwe
q�eIU. ') ,(1 (j(L'
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C.
naIt, City Clerk
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
CITY OF PUEBLO, a Municipal Corporation
By
President of the Council
The foregoing instrument was acknowledged before me this � ►JC day
of DP r 199 by Lt as President of City
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Council, and Cc44 nu n a bier as City Clerk of the City of Pueblo, Colorado.
My Commission expires:
TARY
(SoE:Aa6)
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"APPROVED AS TO FORM:
Ci ey
ary Public
ddress: P6 �C 153
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EXIBIT "A"
KNOW ALL MEN BY THESE PRESENTS THAT: Douglas W. Stauffer, President,
Tartan Associates Inc., being the sole owner of the following described property:
All of Lots 1 thru 40, and all of the vacated alley in Block 115, East Pueblo Heights
Subdivision Second Filing, excepting therefrom that portion conveyed to the State
Highway Commission in that document recorded June 13, 1954 at Reception No. 964076
in the records of the Pueblo County Clerk and Recorder and all of Lots 9 thru 20 and the
north one half of the vacated alley adjacent thereto in Block 125, East Pueblo Heights
Subdivision Second Filing and all of vacated Seventeenth Street adjacent to said Blocks
115 and 125, East Pueblo Heights Subdivision Second Filing, being a subdivision of a
portion of the NE 1/4 of Section 29, Township 20 South, Range 64 West of the Sixth
Principal Meridian, City of Pueblo, County of Pueblo, State of Colorado:
Said parcel contains 203493.51 Sq. Ft. or 4.67 acres more or less.
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Book: 2967 Page: 832 Chris C. Munoz
Page: 5 of 5 Pueblo Co.C1k.&Rec.
Subdivision Improvement Agreement Exhibit "B"
Doug Stauffer
Heatherwood Court Subdivision
Mangini & Associates, Inc. Job Number 96- 337 -00
Cost For Improvements To Be Constructed:
Nutakier ..: I ,.' Total .... SIntity . unit L7ntt Cost �.... :t��l Get
I Excavation
11,228
CY
$3.00
$33,684
2 Straw Bale Barrier
l I
EA
$12.00
$132
3 Sewer Service Line
6
EA
$765.00
$4,590
4 Water Service line
6
EA
$640.00
$1840
5 Outlet Structure
1
EA
$3,000.00
$3,000
6 18" Pipe
38
LF
$29.00
$1,102
7 18" Flared -End Section
I
EA
$400.00
$400
8 Rip -Rap
3
CY
$50.00
$150
9 Seeding
I
AC
$12,000.00
$12,000
10 4" Concrete Sidewalk
2,812
SF
$2.50
$7,029
11 Curb & Gutter
191
LF
$7.80
$1,489
12 6" PVC Water Line
126
LF
$29.22
$3,674
13 Fire Hydrant Assembly
I
EA
$1,800.00
$1,800
14 3" On 6" Asphalt Patch
439
SY
$11.10
$4,877
15 1" Asphalt Overlay
73
TON
$60.00
$4,350
16 Remove Curb & Gutter
158
LF
$5.00
$788
SUB -TOTAL
$82,905
Miscellaneous Contingencies @ 15%
$12,436
GRAND TOTAL $95,340
Cost For Improvements To Be Secured with a Letter of Credit: (I 8th Street)
Itetti tttti er Itctrt Arta uat?kI ty tttt t1tt:Gnst Toth "s ost
1 3" Pavement on 6" Base
985
SY
$11.10
$10,937
2 Curb & Gutter
463
LF
$7.80
$3,610
3 4" Concrete Sidewalk
850
SF
$2.50
$2,125
4 Handicap Ramp
112
SF
$3.50
$391
5 8" PVC Sanitary Sewer Main
207
IF
$22.00
$4,563
6 48" Dia. Manhole
2
LA
$1,400.00
$2,800
7 6" PVC Watermain
133
LF
$29.22
$3,889
8 Concrete Sidewalk Drain
I
EA
$300.00
$300
SUB -TOTAL
$28,616
Miscellaneous Contingencies @ 15%
$4,292
Engineering and Design @ 15%
$4,292
GRAND TOTAL" $37,201
"Note: Prior to issuance of a Certificate of Occupancy for any structure within the subdivision, The Subdivider
may defer construction of the above referenced Public Improvements until December 1, 2001 or
until determined necessary by the Director of Public Works, by means of a Satisfactory Irrevocable Letter
of Credit in the amount of the estimated cost of the improvements plus Engineering Fees.
Prepared By:
Checked By:
Reviewed By:
o K di'16
Ray Perez Date: 12/31/96
Charles DiDomenico Date: 12/31/96
Firm: Mangini & Associates, Inc.
Date: //2
,
HEATHERWOOD COURT SUBDIVISION -5-