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HomeMy WebLinkAbout06185Reception 1179469 07/30/1997 ORDINANCE NO. 6185 AN ORDINANCE APPROVING THE PLAT OF WILLS COMMERCIAL PARK FILING NO 2 SUBDIVISION BE ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that SECTION 1. The final plat of Wills Commercial Park Filing No. 2 Subdivision, being a subdivision of land legally described as follows: All of Lots 1 through 7, both inclusive, Block 1 in G and D Park Sub- division First Filing, according to the recorded plat thereof field for record February 5, 1975 AND all of the vacated Frontage Road and vacated Olive Street and vacated 36th Street adjacent thereto, containing 12.773 acres, 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 ease- ments, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -ways 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 agreement entered into pursuant thereto. Book: 3021 Page: 516 Chris C. Munoz Page: 2 of 2 Pueblo Co.C1k.&Rec. SECTION 3. This ordinance shall be effective immediately upon final passage and approval. r1 J ATTEST "`''" y Clerk INTRODUCED March 24 5 1997 By Fay B. Kastelic Councilperson r w APPROVED 4/fie �'f/ -- President of the Council 2/24/97 Reception 1179471 07/30/1997 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this day of _ eta , of 199, by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City ", and W.A. Wills, Jr. and Lee Wills, as individuals, hereinafter referred to as "Subdivider ". W I T N E 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 WILLS COMMERCIAL PARK, FILING NO. 2 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(1) 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 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, M -1- Book: 3021 Page: 519 Chris C. Munoz Page: 2 of 6 Pueblo Co.Clk. &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 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 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 -2- Book: 3021 Page: 520 Chris C. Munoz Pa 3 of 6 Pueblo Co.C1k.&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. 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 Pueblo County, Colorado, and shall constitute an agreement running with the land until released as hereinabove set forth. -3- Book: 3021 Page: 521 Chris C. Munoz Page: 4 of 6 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. By By (S E A L) STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of 1'1 , 199, by W.A. Wills, Jr. and Lee Wills aka Lee R. Wills, Subdivider. City Clerk STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The regoing instrument was ackn wledged bore me this,2 F4 day of 199, by as Presid t f City Council, and as City Clerk of the City of Pueblo, Colorado. ""' -My commission expires: rte' Not LU. i ` - Add APP K0 , AS TO FORM: Cit orney Public c�'�� -4- Lee Wills aka Lee R. Wills emission expires:l��� - � ° ��� Y , Notary Public Address: Ia5 E. RAMOINVIA L �,,�.�I�, W o CITY OF PUEBLO, a Municipal Corporation + C► " rip' by esidelk of the Council City Clerk STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The regoing instrument was ackn wledged bore me this,2 F4 day of 199, by as Presid t f City Council, and as City Clerk of the City of Pueblo, Colorado. ""' -My commission expires: rte' Not LU. i ` - Add APP K0 , AS TO FORM: Cit orney Public c�'�� -4- Lee Wills aka Lee R. Wills Book: 3021 Page: 522 Chris C. Munoz Page: 5 of 6 Pueblo Co.Clk. &Rec. SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" All of Lots 1 through 7, both inclusive, Block 1 in G and D Park Subdivision First Filing, according to the recorded plat thereof filed for record February 5, 1975 AND all of the vacated Frontage Road and vacated Olive Street and vacated 36th Street adjacent thereto. Containing 12.773 acres. 9404502.200 —5— Book: 3021 Page: 523 Chris C. Munoz Page: 6 of 6 Pueblo Co.Clk. &Rec. SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WILLS COMMERCIAL PARK, FILING NO. 2 DEVELOPER: W.A. WILLS, JR. AND LEE WILLS ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. ITEM QUANTITY PRICE TOTAL STREETS: KACHINA PLACE 6" STANDARD CURB AND GUTTER 927 LF @ $7.80 /LF = $7,191.00 ASPHALT 7" 1 EA @ $16.00 /EA = $1,600.00 FULL DEPTH 1813 SY @ $14.80 /SY = $26,832.00 WATER 7.5 CY @ $50.00 /CY = $375.00 6 PVC WATERMAIN 385 LF @ $29.22/LF = $11,250.00 16" PVC WATERMAIN 600 LF @ $29.22/LF = $17,532.00 WATER SERVICE 1 EA @ $640 /EA = $640.00 SANITARY SEWER SANITARY SEWER SERVICE 1 EA @ $765/EA = $765.00 BARRICADES FIXED TYPE III BARRICADE 1 EA @ $1,620 /EA = $1,620.00 WITH WING RAILS L =36' PLUS WING RAILS TYPE III BARRICADE L =16' 1 EA @ $800 /EA = $800.00 STORM SEWER 19" X 30" CL IV RP 127 LF @ $59.00 /LF = $7,493.00 TYPE 1 —B MANHOLE 1 EA @ $16.00 /EA = $1,600.00 DROP INLET 1 EA @ $2,600 /EA = $1,620.00 RIP RAP 7.5 CY @ $50.00 /CY = $375.00 15" CL IV RCP 24 LF @ $27.00 /LF = $648.00 STREET LIGHTS 1 EA @ $1,300 /EA = $1,300.00 TOTALS $79,666.00 THIS IS AN ESTIMATE ONLY. ACTUAL CONSTRUCTION MAY VARY. THIS ESTIMATE MAY NOT INCLUDE ALL CONSTRUCTION COST. PREPARED BY: A. RICKEY APRIL 15, 1997 FIRM: NORTHSTAR ENGI AND SURVEYING, INC. REVIEWED BY: CJ.GE�Yt/I Ci tw_ 7 4 7 CITY OF PUEBLO DATE c n " 9404502.201 —6— Reception 1179472 07/30/1997 AMENDMENT TO GRANT OF EASEMENT WHEREAS, W. A. WILLS, JR. and LEE R. WILLS, as individuals ( "Grantors "), executed a Grant of Easement dated February 23, 1996, which was recorded March 15, 1996, in Book 2874 at Page 541 of the records of the Clerk and Recorder of Pueblo County, Colorado (hereinafter referred to as the "Grant of Easement "); WHEREAS, pursuant to said Grant of Easement, the Grantors granted and set aside an easement for storm drainage detention purposes, as was described on Exhibit A attached to the Grant of Easement and made a part thereof, WHEREAS, Exhibit A contains an error in the legal description of said easement for storm drainage detention purposes; WHEREAS, the Grantors desire to amend the Grant of Easement to correct the said error in Exhibit A; WHEREAS, all of the undersigned owners of the real property listed on Exhibit B to the Grant of Easement consent to this Amendment; NOW, THEREFORE, in consideration of mutual covenants contained herein, the undersigned parties agree as follows: Exhibit A to the said Grant of Easement shall be amended in its entirety to read as follows: All of the storm drainage detention easement as platted in Lot I, Block 1 in Wills Commercial Park, Filing No. 2, according to the recorded plat thereof in Pueblo County, Colorado. 2. Except as otherwise amended hereby, the said Grant of Easement shall remain in full force and effect. 3. This Amendment to the Grant of Easement shall be binding upon and shall inure to the benefit of the parties, their heirs, personal representatives, successors, and assigns. DATED: d �✓ "�� HARRINGTON & AMES, INC. DEFERRED /J BENEFIT PENSION PLAN W. A. S, JR. ~ By: �, ` //%G j laje l.� G. MICHAEL FASCIA, Trustee LEE R. WILL R. . LTD. LIABILITY CO. l � By: �J - � Manager THOMAS' F RLEY HIGH SQ AUTOPLEX, L.L.C. BRET KELLY Vanag STATE OF COLORADO ) )ss. COUNTY OF EL PASO ) The foregoing instrument was acknowledged before me this 1 day of 1997, by W. A. WILLS, JR. WITNESS MY HAND AND OFFICIAL SEAL. i; My commission expires: 9 9 IC 1 r ARY PUBLIC' Book: 3021 Page: 525 Chris C. Munoz STATE OF COLORADO Page: 2 of 2 Pueblo Co.Clk.&Rec. ) )ss. COUNTY OF EL PASO ) The foregoing. instrument was acknowledged before me this day of f 99T, - by LEE R- WILDS. WITNESS MY HAND AND OFFICIAL SEAL. '. y commission expires: /a 90t)kRYAPU IC STATE OF ) Plai te )ss. 2 N. Cast le, 5te.1000 COUNTY OF ) Carlo. upr (+C903 -1651 4 ''/21197 The foregoing instrument was acknowledged before me this 3 day of l' /1 /C 1997, by G. MICHAEL FASCIA, Trustee of HARRINGTON & AMES,,INC. DEFINED BENEFIT PENSION PLAN. WITNESS MY HAND AND OFFICIAL SEAL. r My commission expires: JANET F. A _ Comm. # 1082095 ARY PUBLIC • NOTARY PuBW - CAL i�oR STATE OF COLORADO ) d Los Angeles County I1 ,41FORN My Comm. Expires Dec. 1999- )ss. COUNTY OF Pg a -61,Z) ) The foregoing instrument wa ackno before me this 1 / ' day of 17)AX 19 as Manager of R.C.R. LTD. LIABILITY CO. '. 41J S HAND AND OFFICIAL SEAL. My comnyissi expires: : ice, C� . cn� q j. ;` 0 NOTARY IftLIC b� O > o F GO )ss. CO�c ° r th The foregoing instrument was acknowledged before me this ff 4 day of / /��-F 1997, by. >._ l as Manager of HIGHWAY 50 AUTOPLEX, L.L.C. Koss` AND AND OFFICIAL SEAL. co 'N on pires: D I •- 2-6-0 NOTAR UBLICa�, E- O )ss. s T co The foregoing instrument was acknowledged before me this day of ' A 1 t s 1997, by THOMAS T. FAR-LEY. c� d WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: ' CO W l w't> NOTARY PUBLIC STATE OF COLORADO ) )ss. COUNTY OF P���; L-0 ) -0 Myv c r Issio 1 O r�.. 0F.. co instrument was acknowledged before me this �� �/f day of 1 Y. ]AND AND OFFICIAL SEAL. expires: D / - - - >G •` D NOTARY BLIC 0 Reception 1179473 07/30/1997 AMENDMENT TO DECLARATION OF COVENANTS CONCERNING DRAINAGE AND DETENTION EASEMENTS FOR WILLS COMMERCIAL PARK This Amendment is made and entered into this C3 120 day of 1997, by W. A. WILLS, JR., LEE R. WILLS, HARRINGTON & AMES, INC. DEFINED BENEFIT PENSION PLAN, R.C.R. LTD. LIABILITY CO., HIGHWAY 50 AUTOPLEX, L.L.C., THOMAS T. FARLEY, and BRET KELLY. WITNESSETH: WHEREAS, the Declaration of Covenants Concerning Drainage and Detention Easements for Wills Commercial Park (hereinafter "Declaration ") was made on February 23, 1996, by W. A. WILLS, JR. and LEE IZ. WILLS, as owners and developers ( "Declarant "); WHEREAS, said Declaration was recorded on March 15, 1996, in Book 2874 at Page 537 of the records of the Clerk and Recorder of Pueblo County, Colorado; WHEREAS, attached to the said Declaration and made a part thereof was Exhibit A, which contained the legal description of the storm drainage detention basin easement; WHEREAS, it has been discovered that there is an error in the legal description in said Exhibit A and that the said Exhibit A needs to be amended to correct said error; NOW, THEREFORE, in consideration of mutual covenants contained herein, the parties agree as follows: Exhibit A to the Declaration shall be amended in its entirety to read as follows: All of the storm drainage detention easement as platted in Lot 1, Block I in Wills Commercial Park, Filing No. 2, according to the recorded plat thereof in Pueblo County, Colorado. The undersigned parties own all of the real property affected by said Declaration and Exhibit A. As amended hereby, the Declaration will remain in full force and effect. 4. The provisions of this Amendment shall run with the land and shall be binding upon all parties and all persons claiming under them. IN WITNESS WHEREOF, the parties have set their hands and seals effective the day and year first above written. /-v 4,� W. A. WILLS /�. LEE R. WILLS I AL THOMA T. FARLIEY 1 ti-) BRET KELLY HARRINGTON & AMES, INC. DEFINED BENEFIT PENSION PLAN By: a( _,<-j, U� G. MICHAEL FASCIA, Trustee R.C LTD. LIABIL TY CO. By: r� Ile Manager i HIGH A'Y 0 AUTOPLEX, L.L.C. By: ` e STATE OF COLORADO )ss. COUNTY OF EL PASO ) The foregoing instrument was acknowledged before me this day of -- 1997, by W. A. WILLS, JR. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: 99 f ARY PUBLIC „� m Book: 3021 Page: 527 Chris C. Munoz Page: 2 of 2 Pueblo Co.Clk. &Rec. STATE OF COLORADO )ss. COUNTY OF EL PASO ) The foregoing instrument was acknowledged before me this �3 day of 1997, by LEE R. WILLS. W TNESS,MY HAND AND OFFICIAL SEAL. JAy commission expires: /Z-,?/-/f77 malr u Pla:vte N TARY UB 2 M CasC1 M 1000 STATE OF_1� /f ) C010 v js '_[3 0903 -1651 )ss. C u: >.c" _% : 12121/97 COUNTY OF "O, The foregoing instrument was acknowledged before me this _ day of _� 1997, by G. MICHAEL FASCIA, Trustee of HARRINGTON & AMES, INC. DEFI PENSION PLAN. WITNESS MY HAND AND OFFICIAL SEAL. ` My commission expires: / Ir JANET F. ATWOOD Q Comm.# NOTARY 1082095 ARY UBLIC o RY PUBLIC - CALIFORNIA STATE OF COLORADO ) '+ Los Angeles county L a FoaN t4 Comm. Expires Dec. 29, 1999 -A ,- )ss. COUNTY OF PU 1 C ) re oing instrument w s acknowledged before me this 9f day of `��� 19 �y i as Manager of R.C.R. LTD. LIABILITY CO. '$ HAND AND OFFICIAL SEAL. a My commissio expires: Off'— Z " D 1 `j'g•. A \ G.��4, 1 NOTAR PUBLIC l✓ O ) o.F 00 )ss. COU -f to > The foregoing instrument was acknowledged before me this 187i� day of 1 _ f M ; L ep - (g on) as Manager of HIGHWAY 50 AUTOPLEX, L.L.C. Q� '� Tvplyla Y HAND AND OFFICIAL SEAL. My comhiiss n expires: 0 1 1 Typ o �c-v� w . � • �t cP�� � NOTAR UBLIC DO ) O )ss. CO OF G U ) A The foregoing instrument was acknowledged before me this `�_ day of 1997, by THOMAS T. FARLEY. IL 1 WITNESS MY HAND AND OFFICIAL SEAL. lI •` My commission expires: q 9 NOTARY PUBLIC k STATE OF COLORADO )ss. COUNTY OF Puc 6 ) The foregoing instrument was acknowledged before me this / 4r/_" of 1997 LY. y comiss�lon i AND OFFICIAL SEAL. i f I S r� PL-� t-6, Q glor))3 NOTARY BLIC 2