HomeMy WebLinkAbout06163Reception 1161587
03/20/1997
ORDINANCE NO. 6163
AN ORDINANCE APPROVING THE PLAT OF GATEWAY
SUBDIVISION, 5TH FILING
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION 1.
The final plat of Gateway Subdivision, 5th Filing,
being a subdivision of land legally described as follows:
A parcel of land in the southwest one - quarter
(SW 1/4) of the northwest one - quarter (NW 1/4)
of Section 13, and in the southeast one - quarter
(SE 1/4) of the northeast one - quarter (NE 1/4)
of Section 14, all in Township 20 South, Range
65 West of the 6th Principal Meridian, being a
portion of the tract of land described in Book
2030 at Page 302 of the Pueblo County Records
and being more particularly described as follows:
Considering the east line of Gateway Plaza to
bear N 00 02' 07" E and monumented at each end
with a #4 rebar with yellow plastic cap L.S. No.
12933, and all bearings contained herein being
relative thereto.
Beginning at the northeast corner of afore
mentioned Gateway Plaza; Thence westerly along
the north boundary line of said Gateway Plaza,
the following three (3) courses:
1) N 89 57' 53" W, a distance of 144.31 feet;
2) N 77° 52' 46" W, a distance of 474.81 feet;
3) S 12 06' 00" W, a distance of 110.00 feet to
the Northeast corner of Gateway Subivision,
Third Filing, according to the recorded plat
thereof, filed for record November 1, 1988;
Thence N 77 52' 46" W and along the North line
of said Gateway Subdivision, Third Filing,a
distance of 227.23 feet, to the Northwest corner
of said Subdivision, on a nontangent curve;
Thence northeasterly and along the southerly line
of Gateway Subdivision, First Filing, according
to the recorded plat thereof filed for record
June 26, 1979, and along a non tangent curve to
the right with a radius of 510.00 feet, the chord
of which bears (N 54 03' 45" E, a distance of
599.18 feet) an arc length of 640.16 feet; Thence
Book: 2979 Page: 535 Chris C. Munoz
Page: 2 of 3 Pueblo Co.C1k.&Rec.
N 90° 00' 00" E, a distance of 369.20 feet, to a
point on the east line of said Section 14; Thence
S 89 48'34" E. (S 89° 44' 08" E (D)), a distance of
1329.92 feet to the east line of the West 1/2 of the
NW 1/4 of said Section 13; Thence S 00 11' 19"
W, (S 00° 11' 27" W deed), along said East line,
a distance of 135.56 feet to the Northeast
corner of a tract of land as described in Book
1991 at Page 450 of the Pueblo County Records;
Thence along the boundary of said tract of land
the following four (4) courses:
1) N 89 48' 34" W, 685.46' (M), N 89 44'08"
W (D), a distance of 687.59 (D) feet;
2) S 00 08'45" W (M), S 00 04'32" W (D), a
distance of 40.00 feet;
3) S 89° 48' 34" E (M) , S 89 44' 08" E (D) ,
a distance of 68.18 feet;
4) S 00 02' 07" W, (S 00 00' 00" W, deed), a
distance of 217.23 feet (217.01 feet, deed)
to the North line of a tract of land recorded
in Book 2223 at Page 968 of said County Records;
Thence S 89 48' 34" E, (S 89 43' 56" E deed), a
distance of 531.47' (D), 531.27 feet (M), to the
North line of a tract of land described in Book
1687 at Page 630 of said County Records; Thence
along said North line and North line extended
the following two (2) courses:
1) S 64 56' 00" W, (S 64 59' 04" W deed), a
distance of 857.18 feet (D) 857.24' (M);
2) N 89 59' 45" W, (N 89° 59' 05" W deed), a
distance of 467.24 (D) feet, 467.18' (M) to
the west line of said Section 13;
Thence N 00° 02' 07" E, along the said W line
of Section 13, a distance of 368.48 feet, to the
Point of Beginning, containing 21.48 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,
-2-
Book: 2979 Page: 536 Chris C. Munoz
Page: 3 of 3 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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ATTEST:
INTRODUCED January 13 , 1997
By Charles Jones
Councilperson
APPROVED
Presiden I of e Council
City Clerk
12/27/96
calm
Reception 1161589
03/20/1997
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this day of MA i m , 199Z,
by 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 G5 S u r3Dw' S to N ,
FiF Fi �� �G� 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-
Book: 2979 Page: 539 Chris C. Munoz
Page: 2 of 5 Pueblo Co.Clk. &Rec.
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 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.
-2-
Book: 2979 Page: 540 Chris C. Munoz
Page: 3 of 5 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.
r
S ubdivider
By
(SEAL)
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this IJ ��__da��y
of Ma M A , 199 , by ��W E-S � n ' 0(!d ✓ , Subdivider.
My commission expires: 7 - to - q -7
IS E A L)
NOTAgi,
PV 0LIC
w
City Clerk
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
tary Public
Ad dress: bj . c)O g4A,
- PGc I& � N $ 16of
CITY OF PUEBLO, a Municipal Corporation
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B P
Pr ident he Council
The foregoing instrument was acknowledged before me this day
of 1 ylast0 1997, by �`��'1�1 rt G rO-LCL , as President of City
City Clerk of the City of Pueblo, Colorado.
APPROVED AS TO FORM:
City y
ary Public
ddress: J ( ( W
PwW6 �6 g�0d
-3-
Book: 2979 Page: 541 Chris C. Munoz
Page: 4 of 5 Pueblo Co.Clk. &Rec.
A parcel i F land in th� south,, est_ one- quarter (SW 1/1) of thc�
noi_thwest_ oie- quarter 11iAl 1/4) of Section 13, and in the
soui_heast on quarter �F, 1/4) 1 the >ortheast one-quarter E
1/4) of Section l4, all in Toi«rn, hip 20 South, Range 65 VJest of
the CTH prin'iple merelian, being a porLlon of the tract of land
described in Bo, 20Y At Pra 302 of f he Pueblo County Records
and being me e- part icularl� _les.- ribed as follows:
Considering Iie ea; line UL Cal .eway Plaza to bear N 00 02' 07"
E and monumented ai. each end with a #4 rebar with yellow plastic:
cap L.S. No. 12933, aid all bearings c< herein being
relati•. thereto.
Beginning at t'e northeast corner of fore mentioned Gateway
Plaza; Thence we.st along the north boundary line of said
Gateway Plaza, thy - ) Ilowinq three (3) courses:
1) ' 1 89 57' tint, a ,! stance of 144.31 feet;
2) N 77° 52' V1, a distance of 474.81 feet;
3) S 12 06' )o" W, a distance of 110.00 feet to the
Northeast corneL of Gateway Subdivision, Third Filing,
according to the recorded plat thereof, filed for record
November 1, 1988:
Thence N 77 52' 46" W and along the North line of said G.:- iteway
Subdivisior, Third filing, a distance of 227.23 feet, to the
Northwest corner of said Subdivision; on a non- tangent curve;
Thence noi ind along the southerly line of Gateway
Subdivision First Filing, according to the recorded plat
thereof, filed for record June 26, 1979, and along a non- tangent
curve to the rigl,_ with a radius of 510.00 feet, the chord of
which bears (N 54 03' 45" E, a distance of 599.18 feet), an arc
length of 610.16 feet; Thence N 90 00' 00" E, a distance of
369.20 feet, to a point in the east line of said Section 14;
Thence S 89' 48' 34" E, (S 89 44' 08" E (D)), a distanc, of
1329.92 feet, to the East line of the West 1/2 of the NW 1/4 of
said Section 13; Thence S 00 11' 19" W, (S 00 11' 27" W (D)),
along said East line, a distance of 135.56 feet to the Northeast
corner of a Tract of land as described in Book 1''91 at Page 450
of the Pueblo CbunLy Records; Thence along the boundary of said
TrEtct of land, the following four (4) co arses:
1) N 89 IP' 34" W, a distance of 035.46 feet (M), N 89 44'
08" W (D), a distance of 687.59 Eeet (D);
2) S 00 08' 45"W (M), S 00 04' 3Z" W (D), a distance of
40.('') feet.
3) S 8'- 48' 34" E (14), S 89 44' 03" E (D) , a distance of
68.18 feet.
4) S 00 02' 07" W, (S 00 00' 00" U, (D)) , a distance of
217.23 feet (217.01 feet, (D)) t the North line of a
tract of land recorded in Book 2 "'_23 at Page 968 of said
C Records.
Thence S 89 48' 34" E, (S 89 43' 56" E, deed), a distance of
531.47 feet (D), 531.27 feet (M), to the North line of a tract of
land described in Book 1687 "at Page 630 of said County Records;
Thence along said North line and North line extended, the
following two (2) courses:
1) S 64" 56' 00" W, (S 64" 59' 04" ld, deed) , a distance of
857.18 feet (D) , 857.24 feet (M) ;
2) N 89 59' 45" W, (N 89 59' 05" 11, deed) , a distance of
467.24 feet (D), 467.18 feet (M) to the West line of said
Section 13;
Thence N 00 02' 07" E, along the said West line of Section 13, a
distance of 368.48 feet, to the Point of Beginning.
Containing 21.46± Acres.
Book: 2979 Page: 542 Chris C. Munoz
Page: 5 of 5 Pueblo Co.Clk. &Rec.
.
GATEWAY SUBDIVISION, FIFTH FILING
JAMES E. O'NEAL
WILLIAM T. BOIES
CURB & GUTTER WEST SIDE
CURB & GUTTER EAST SIDE
HANDICAP RAMP (3 EA)
PAVEMENT 4" ASPH ON 16" BASE
SAN. SEWER SERVICE LINES
WATER MAIN 12"
SAN. SEWER SERVICE LINES
VALVE FOR 6" FIRE HYADRANT
STORM SEWER
TYPE "S"
TYPE "S"
TYPE "S"
TYPE "S' FRONT & REAR OPEN BO
REMOVE STUB TO DITCH, L.1 B. 1
28" HE -V RCP
32" POLY
38" POLY
48" POLY
54" POLY
RIP RAP
60" MANHOLE
72" MANHOLE
TYPE 3 MANHOLE
FORTINO BOULEVARD
WATER SERVICE (5 EA)
SEWER SERVICE (10 EA)
PAVEMENT OVERLAY 1 INCH
ASPHALT CUTS (10 EA)
STREET LIGHTS
MONUMENT BOX
ROAD IMPROV. CLUB MANOR DR
SERVICE LINE PATCH (WATER,SA
SERVICE LINE PATCH (WATER)
QUANTITY UNIT COST TOTAL COST
358.38 LF
758.74 LF
64'X 6'
4005.69 YDS
7 EA.
462 LF
7 EA
1 EA
7.80 /FT
7.80 / FT
3.50 / SQ FT
22.00/YD
765.00/EA
29.22 /LF
640.00 EA
921.00 EA
2795.36
5918.17
4032.01
66895.02
5355.01
11980.21
4480.01
921.01
8 L.F
14 L.F.
18 L.F.
14 L.F.
30 L.F.
51 24 LF
23.15 LF
65.39 LF
631.30 LF
304.32 LF
20.74 CU YD
1 EA
3 EA
2 EA
43.00 / LF
52.00 /LF
50.00 /LF
79.00 /LF
88.00 /LF
50.00 /CUYD
1600.00 EA
1800.00 EA
6000.00 EA
5 EA
640.00 EA
10 EA
765.00 EA
210.22 TONS
60.00 /TON
27 SQYD
12.90 / SQYD
5 EA
3 EA
450.00 EA
5 EA. 161 S.Y.
22.00 /S.Y.
5 EA 42.22 S.Y.
22.00 /S.Y.
Ee]:L6`l� •
PREPARED BY: DANIEL R. HANTEN
FIRM: HANTEN SU YI G, INC
REVIEWED BY: av w
CITY OF PUEBLO
DATE:
2200.01
3800.01
4600.01
4000.01
1000.01
2203.32
1203.81
3792.62
49872.71
26780.16
1037.04
1600.01
5400.01
12000.01
3200.01
7650.01
12613.33
3440.01
1350.01
17000.01
3544.45
928.89
$271,593.26
01 -20 -97
DATE: 3 /s %-7
Reception 1161590
03/20/1997
NOTICE OF SHALLOW SANITARY SERVICE LINES
Notice is hereby given to the owners of Lots 1,2,3 and 4, Block 1, and Lots 6,7, and
8, Block 2, Gateway Subdivision, 5th Filing, Pueblo County, Colorado, and their heirs,
personal representatives, successors and assigns, that sanitary sewer service to basements
of these lots may require a pumping system due to the elevation of the sanitary sewer lines
in the street or public right of way.
this notice is dated � 15 , 1997
SUBDIVIDER
r
by:
S gnature
JAMES E. ONEAL
OWNER
4964 CLUBHOUSE COURT
BOULDER, COLORADO 80301
STATE OF COLORADO )
s. s.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on / 1 w1ck C s
1997,
b s .
Witness my hand and seal.
My commission expires: 7 - [U -
Notary Public :',Q� •'
NOTARY
•o P (J R �