HomeMy WebLinkAbout06149Reception 1158901
02/27/1997
ORDINANCE NO. 6149
AN ORDINANCE APPROVING THE PLAT OF TORRES
SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION 1.
The final plat of Torres Subdivision, being a sub-
division of land legally described as follows:
DAD!'L"T. A .
Beginning at a point 66 feet east of the
NW corner of Section 14, Township 21 S of
Range 65 W., then East on the North line
of Section 14, 627 feet to a point, thence
South 198 feet to a pipe, thence West 627
feet to a point, thence North along east
side of Prairie Avenue 198 feet to place
of beginning, County of Pueblo, State of
Colorado.
PARCEL B:
All the portion of the NW 1/4 of Section
14, Township 21 South, Range 65 West of
the 6th P.M. described as follows:
Commencing at the Northwest corner of
Section 14, Township 21 South, Range 65
West; thence East 66 feet to a point on
the East line of Prairie Avenue; thence
South along the East line of Prairie
Avenue, 198 feet to a point of beginning;
thence East 427 feet to a point; then
South 66 feet a a point; thence West
427 feet to a point; thence North 66 feet
to the point of beginning, County of Pueblo,
State of Colorado.
PARCEL C:
All the portion of the NW 1/4 of Section 14,
Township 21 South, Range 65 West of the 6th
P.M. described as follows:
Book: 2973 Page: 378 Chris C. Munoz
Page: 2 of 3 Pueblo Co.C1k.&Rec.
Commencing at the Northwest corner of
Section 14, Township 21 South, Range
65 West, thence East 66 feet to a point
on the East line of Prairie Avenue
thence South along the East line of
Prairie Avenue, 198 feet to a point;
thence East 427 feet to the point of
beginning of this description, thence
South 66 feet to a point; thence East
200 feet to a point; thence North 66
feet to a point; thence West , a dis-
tance of 200 feet to the point of
beginning, County of Pueblo, State of
Colorado, containing 3.802 acres, total.
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.
Book: 2973 Page: 379 Chris C. Munoz
Page: 3 of 3 Pueblo Co.C1k.&Rec.
- r%.LT r Y
INTRODUCED November 11 , 1996
BY Cathy Garcia
Councilperson
APPROVED
Pres' dent of the Council
MWE IMM ��M - k �
•
10/31/96
ATTEST:
Reception 1158903
02/27/1997
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this 2-5 LA- day of NoV
, of 199 ( o , by and between the C I T Y OF PUEBLO, a M u n i c i p a l
Corporation, hereinafter referred to as "City ", and Kelly Torres
and Lucille A. Torres, hereinafter referred to as "Subdivider".
W I T N E S S E T H:
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 TORRES 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 XI 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 i ssuance of a cert i f i cate of occupancy for any such bu i 1 d i ng 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. 1n 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: 2973 Page: 382 Chris C. Munoz
Page: 2 of 6 Pueblo Co.C1k.&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 b u i l d i n g 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(1) 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 c e r t i f i e s
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 s p e c i f i c a l l y 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 owners) of
the land within this Subdivision.
9. The required time for completion of all such improvements
by S u b d i v i d e r within such block sha 1 1 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: 2973 Page: 383 Chris C. Munoz
Page: 3 of 6 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.
1 1 . S u b d i v i d e r 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: 2973 Page: 384 Chris C. Munoz
Page: 4 of 6 Pueblo Co.C1k.&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.
By
Kelly To es
Lu ille A. Torres
(S E A L)
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this
day of Q0 Lwc404-14 , 199 1 7 _, by Kelly Torres and Lucille A.
Torres, Subdivid .
i
J�
My commission expires:
. �cvw.a,r,a �.. 5,�. o j•�s�c �
Notary Public
Address: 1 a5 E q s}-.
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T r,,
�.
SI��>)LJLfJSI
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City Clerk
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
CITY OF PUEBLO, a Municipal Corporation
by �•
Pr side t of the Council
The foregoing instrument was
day of , 199—,
as President of 'City Council, and
City Clerk of the City of Pueblo,
mmission expire �
to _L
p� G,� Not
' TQjj =X \ Add
=;
' A'PF 7 �Q, ^AS TO FORM:
C i t tofney
acknowledged before me this
b y (2�X-M u ?q. ,
as
Colorado.
Public
e s s : - Pz) 1q3
tae -,- , SOD-;
-4-
Book: 2973 Page: 385 Chris C. Munoz
Page: 5 of 6 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
PARCEL A:
Beginning at a point 66 feet east of the NW corner of Section 14,
Township 21 S of Range 65 W., then East on the North line of
Section 14, 627 feet to a point, thence South 198 feet to a pipe,
thence West 627 feet to a point, thence North along east side of
Prairie Avenue 198 feet to place of beginning. County of Pueblo,
State of Colorado.
PARCEL B:
All the portion of the NW1 /4 of Section 14, Township 21 South,
Range 65 West of the 6th P.M. described as follows:
Commencing at the Northwest corner of Section 14, Township 21
South, Range 65 West; thence East 66 feet to a point on the East
line of Prairie Avenue; thence South along the East line of Prairie
Avenue, 198 feet to a point of beginning; thence East 427 feet to
a point; then South 66 feet to a point; thence West 427 feet to a
point; thence North 66 feet to the Point of Beginning. County of
Pueblo, State of Colorado.
PARCEL C:
All the portion of the NW1 /4 of Section 14, Township 21 South,
Ragne 65 West of the 6th P.M. described as follows:
Commencing at the Northwest corner of Section 14, Township 21
South, Range 65 West, thence East 66 feet to a point on the East
line of Prairie Avenue, thence South along the East line of Prairie
Avenue, 198 feet to a point; thence East. 427 feet to the point of
beginning of this description, thence South 66 feet to a point;
thence East 200 feet to a point; thence North 66 feet to a point;
thence West, a distance of 200 feet to the Point of Beginning.
County of Pueblo, State of Colorado.
Containing 3.802 acres, total.
-5-
Book: 2973 Page: 386 Chris C. Munoz
Page: 6 of 6 Pueblo Co.C1k.&Rec.
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: TORRES SUBDIVISION
DEVELOPER: TORRES AND LUCILLE A. TORRES
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
ITEM QUANTITY PRICE TOTAL
WATER
Water Service 1 EA @ $480 /EA = 480.
SANITARY SEWER
Sanitary Sewer Service 1 EA @ $575/EA = 575.
STREETS
Sidewalk 1584 SY @ $2.50 /SF = 3,960.
DRAINAGE
Detention Basin
Grading
0.3
AC
@
$16,000 /AC =
4,800.
Revegetation
0.3
AC
@
$6,000 /AC =
1,800.
Outlet Structure
1
EA
@
$3,000 /EA =
3,000.
Trickle Channel
244
SF
@
$2.50 /SF =
560.
18" HDPE Pipe
318
LF
@
$29.00 /LF =
9,222.
Type lA Manhole
2
EA
@
$1, 600 /EA
= 3,200.
Drainage Channel
.26 Acres
@
$8,000 /AC =
2,080.
Rip Rap
13
CY
@
$50 /CY =
650.
Sidewalk Culvert
1
EA
@
$1,000 /EA =
1,000.
Total $31,327.
Due to lack of right -of -way of Alma Ave, the City of Pueblo will
not require improvements to be made to Alma Ave. as part of this
subdivision.
This is an estimate only. Actual Construction costs may vary.
This estimate may not include all construction costs.
PREPARED BY: A. RICKEY September 2, 1996
Date
FIRM: NORTHSS ENGINEERING AND SURVEYING, INC.
REVIEWED BY: J TA &,,— �-- - a.a - 7
City of Pueblo Date
9604600.201
Reception 1158904
02/27/1997
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 4 & 4 day of fora ,4 , 1997,
by Kelly Torres and Lucille A. Torres, GRANTOR, to PUEBLO, a
Municipal Corporation, GRANTEE:
WITNESSETH
THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and
other good and valuable consideration, paid by the GRANTEE, receipt
of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE,
its successors and assigns, a 20 foot easement and right of way for
the purpose of storm drainage conveyance, in, through, over, under
and across GRANTOR'S property situated in Pueblo County, Colorado,
and described as follows:
See EXHIBIT A
TOGETHER WITH the right to enter upon said property for the
purpose of construction, maintenance, control, and repair, and
together with the right to use so much of the adjoining property of
GRANTOR for said purposes. The GRANTOR reserves the right to use
and occupy said property for any purpose consistent with the right
and privilege above granted and which will not interfere with or
endanger any of GRANTEE'S equipment or facilities therein or use
thereof. Such reservation by the GRANTOR shall in no event include
the right to locate or erect or cause to be located or erected any
building or any other structure or mobile home trailer unit upon
the easement herein granted.
GRANTOR warrants to GRANTEE that GRANTOR (a) has good and
sufficient right and title i n and to the property and full power to
grant this easement and right -of -way, and (b) will defend GRANTEE'S
quiet and peaceful possession of the easement and right -of -way
against all persons who may lawfully claim title to the property.
"GRANTEE" shall include the plural and the feminine. This
easement and right of way shall be binding upon, and shall inure to
the benefit of the heirs, personal representatives, successors and
assigns of the GRANTOR and GRANTEE.
SIGNED this – H., — day of 1997.
GRANTOR:
COUNTY OF PUEBLO )
STATE OF COLORADO
Y -
11y To res
By
Lucille A. Torres
The foregoing instrument was acknowledged before me in Pueblo
County, Colorado this _ J9 I" day of Fati.� 1997, by Kelly
Torres and Lu.giil A. Torres.
W w ' a n d o f f i c i a l seal.
� .g
y commi''Ssion p, QU0 /q9q
iLr . �
3 d i
�op C
9604600.204
q� 0.", - d -
Notary Public
Book: 2973 Page: 388 Chris C. Munoz
Page: 2 of 3 Pueblo Co.C1k.&Rec.
EXHIBIT A
PROPOSED 20 FOOT STORM DRAINAGE EASEMENT:
An easement for storm drainage purposes through a portion of the
NW1 /4 of Section 14, Township 21 South, Range 65 West of the 6th
P.M. County of Pueblo, State of Colorado and being more
particularly described as follows:
Considering the North line of the NW1 14 of said Section 14,
Township 21 South, Range 65 West of the 6th P.M. to bear
5.89 0 56 1 12 "E., and all bearings contained herein being relative
thereto.
Commencing at the Northeast corner of Torres Subdivision, according
to the recorded plat thereof; thence S.00 0 45 1 11 11 W., along the East
boundary line of said Torres Subdivision, being also the centerline
of Alma Avenue, as platted in said Torres Subdivision, a distance
of 132.00 feet to the Southwest corner of Parcel "A ", as platted in
Gradishar Subdivision, according to the recorded plat thereof,
filed for record December 9, 1980 and the True Point of Beginning
of the easement herein described; thence S.89 0 47 1 05 11 E.
(5.89 °32 "W., plat), along the South line of said Parcel "A ", a
distance of 20.00 feet; thence S.00 0 45 1 11 11 W., a distance of 172.48
feet; thence S.89 °47 "E., a distance of 10.62 feet to the West
boundary line of said Gradishar Subdivision; thence S.00 0 45 1 11 11 W.,
along said West boundary line, a distance of 10.00 feet to the
Southwest corner of Lot 10, Block 1 in said Gradishar Subdivision;
thence continuing S.00 0 45 1 11 11 W., along the said West boundary line,
a distance if 10.00 feet; thence N.89 0 47 0 05 "W., a distance of 30.62
feet to the said centerline extended of Alma Avenue; thence
N.00 0 45 1 11 "E., along said centerline and that line extended, a
distance of 192.48 feet to the Point of Beginning.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5th Street
Pueblo, CO 81003
February 6, 1997
JN 96 046 00.100
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