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HomeMy WebLinkAbout06196Reception 1191927 10/31/1997 ORDINANCE NO. 6196 AN ORDINANCE APPROVING THE PLAT OF MANINNO SUBDIVISION BE ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that SECTION 1. The final plat of Mannino Subdivision, being a subdivision of land legally described as follows: Tracts 1, 2, 3, 4 and 5, Apache Investment Company's Resubdivision, County of Pueblo, State of Colorado, AND A tract of land located in Section 6, Township 21 South, Range 64 West of the 6th P.M., County of Pueblo, State of Colorado, described as: Beginning at a point 10 feet north of the northwest corner of Lot 27, Frances Subdivision of a portion of Section 6, Township2l South, Range 64 west of the 6th P.M., thence north along Santa Fe Avenue 100 feet; thence easterly at right angles 50 feet; thence southerly parallel to Santa Fe Avenue 100 feet; thence westerly at right angles 50 feet to the Point of Beginning. AND Tracts 8, 9, and 10, Apache Investment Company's Re- Subdivision, County of Pueblo, State of Colorado, EXCEPT those portions of said Tract 8 and 9 conveyed in deeds recorded in Book 1543 at Page 291, Book 1560 at Page 436, Book 1560 at Page 437 and Book 1561 at Page 925. TOGETHER WITH 1/2 of vacated Trail Avenue adjacent to Tracts 1, 2, 3, 4, and 5, Apache Investment Company's Re- Subdivision and that portion of 1/2 of vacated Trail Avenue adjacent to Tract 10 and that portion of Lots 9 and 8 described above in Apache Investment Company's Re- Subdivision, said Trail Avenue vacated in instrument recorded October 10, 1968 in book 1642 at Page 450. ALSO DESCRIBED AS: A parcel of land being a portion of the W 1/2 of Section 6, Township 21 South, Range 64 West of the Sixth Principal Meridian, City of Pueblo, County of Pueblo, State of Colorado, being more particularly described as follows: BEGINNING at a point on the easterly right of way line of Santa Fe Avenue 10.00 feet north of the northwest corner of Lot 27, Frances Subdivision, according to the recorded plat thereof filed for record December 31, 1924 in Book 11 at Page 40 in the records of the Pueblo County Clerk and Recorder; thence N 00 °39'47" W (bearings based on the northerly line of Frances Subdivision from the NE corner of Lot 156, monumented with a rebar with a 11/2" aluminum cap P.I.S. No. 19607, to the NE corner of the W 1/2 of Lot 52, monumented with 1 1 IN 1191927 10/31/1997 08:22A 83051 P502 ORD 2 of 3 R 16.00 D 0.00 N 0.00 Pueblo Cty Clk 8 Ree a 1" steel pipe, assumed to bear S 59 °43'13 "E) along the easterly right of way line of said Santa Fe Avenue, a distance of 665.15 feet to the northwest corner of Tract #5, Apache Investment Company's Re- Subdivision according to the recorded plat thereof filed for record January 21,1941, Reception No. 647307 in the records of the Pueblo County Clerk and Recorder; thence S 59 °43' 13" E along the northerly line of said Tract # 5 and said Tract #5 extended, a distance of 320.92 feet to the centerline of vacated Trail Avenue; thence S 16 °30'29" W along said centerline, a distance of 235.34 feet; thence S 73 °29'31" E, a distance of 15.00 feet to the southwest corner of that parcel of land described in that Quit Claim Deed filed for record January 9,1978 in Book 1967 at Page 882 in the rcords of the Pueblo County Clerk and Recorder; thence S 59 °43'13" E along the southerly line of that parcel described in said Quit Claim Deed, a distance of 142.72 feet to a point on the easterly line of Tract #9 of said Apache Investment Company's Re- Subdivision; thence the following two (2) courses along said easterly line of said Tract #9 and Tract 410 of said Apache Investment Company's Re- Subdivision; 1) S 30 °16'47" W, a distance of 25.00 feet; 2) S 12 °50'02" W, a distance of 191.32 feet, to the southeast corner of said Tract #10; thence S 89 °20'13 "W, to the southwest corner of said Tract #10, a distance of 150.00 feet; thence N 00 °39'47 "W, a distance of 10.00 feet; thence S 89 °20'13" W along the southerly line of said Tract #10 and said Tract# 10 extended, a distance of 135.00 feet to the Point of Beginning.Total Subdivision Acreage is 3.71 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 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. 1111111111111111111111111111111111111111111111111111 1191927 10/31/1997 08:22A 83051 P503 ORD 3 of 3 R 16.00 D 0.00 N 0.00 Pueblo Cty Clk & Ree SECTION 3. This ordinance shall be effective immediately upon final passage and approval. J': C 1. t 'mod.' a.�ia � • Introduced May 12, 1997 By Al Gurule Councilperson APPROVED President o the Vouncil C Clerk 5/1/97 Reception 1191928 10/31/1997 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this day of , 199_, by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City ", and Dome nicaMannino, Warehouse Se of Pu e b lo, L.L.C. , A Colorado Limited Liability Company hereinafter referred to as "Subdivider*. ' WIT NESS ETH: 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 Mannino 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 be reduced to the total costs of all uncuinpi�kau 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 111111 11111 VIII 11111111111111111 VIII III 11III IIII IIII 1191928 10/31/1997 08:22A 83051 P504 AGREE 1 of 6 R 31.00 D 0.00 N 0.00 Pueblo C!y Clk 8 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 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 ar,y saic, 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. 1 111111111'1 VIII 111111III11111111 11111 III VIII IIII IN 1191928 10/31/1997 08:22A 83051 P505 AGREE 2 of 6 R 31.00 D 0.00 N 0.00 Pueblo Cty Clk 8 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. (S E A L) STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) .&,� ��� 2 144 Zi6 Sul vwCvide r DomenicoMannino g1r** Warehouse Services of Pueblo, L.L.C., A Colorado Limited Liability Company The foregoing instrument was acknowledged before me this _C_L=, of , 199- -, by L. 2M CN (CZ) �n IID My commission expires: G{-1`7 `q 6 Notary lic (S E A L) Address: WW A A .4 City Clerk STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) Subdivider. CITY OF PUEBLO, a Municipal CZoration ' By . Presidf of the Council The foregoing instrument was acknowledged before me this --" day of « 1997 , by _a-M j-� �C �e �% , as President of City Council, and C-1 , Ou &A'e ! ____as City Clerk of the City of Pueblo, Colorado. rh expires: f Ir\Y Y Nota Public Put APPROVED AS TO FORM: City A ofi Add": : / D A 1111111111111111111111111111111111111111111111111111111 1191928 10/31/1997 08:22A B3051 P506 AGREE 3 of 6 R 31.00 0 0.00 N 0.00 Pueblo Cf.y Clk 8 Rec -3- 1191928 10/31/1997 08:22A 83031 P507 AGREE 4 of 6 R 31.00 D 0.00 N 0.00 Pueblo Cty Clk 8 Rec EXHIBIT A Tracts 1, 2, 3, 4 and 5, Apache Investment Company's Re- Subdivision, County of Pueblo, State of Colorado. AND A tract of land located in Section 6, Township 21 South, Range 64 West of the 6 t ' P.M., County of Pueblo, State of Colorado described as: BEGINNING at a point 10 feet north of the northwest corner of Lot 27, Frances Subdivision of a portion of Section 6, Township 21 south, Range 64 west of the 6"' P.M., thence north along Santa Fe Avenue 100 feet; thence easterly at right angles 50 feet; thence southerly parallel to Santa Fe Avenue 100 feet; thence westerly at right angles 50 feet to the POINT OF BEGINNING. AND Tracts 8, 9, and 10, Apache Investment Company's Re- Subdivision, County of Pueblo, State of Colorado, EXCEPT those portions of said Tracts 8 and 9 conveyed in deeds recorded in Book 1543 and Page 291, Book 1560 at Page 436, Book 1560 at Page 437 and Book 1561 at Page 925. TOGETHER WITH '/2 of vacated Trail Avenue adjacent to Tracts 1, 2, 3, 4 and 5, Apache Investment Company's Re- Subdivision and that portion of /2 of vacated Trail Avenue adjacent to Tract 10 and that portion of Lots 9 and 8 described above in Apache Investment Company's Re- Subdivision, said Trail Avenue vacated in instrument recorded October 10, 1968 in Book 1642 at Page 450. ALSO DESCRIBED AS: A parcel of land being a portion of the W 1/2 of Section 6, Township 21 South, Range 64 West of the Sixth Principal Meridian, City of Pueblo, County of Pueblo, State of Colorado; being more particularly described as follows: BEGINNING at a point on the easterly right of way line of Santa Fe Avenue 10.00 feet north of the northwest corner of Lot 27, Frances Subdivision, according to the recorded plat thereof filed for record December 31, 1924 in Book 11 at Page 40 in the records of the Pueblo County Clerk and Recorder; thence N 00 °39'47" W (bearings based on the northerly line of Frances Subdivision from the NE corner of Lot 156, monumented with a rebar with a 1 1/2" aluminum cap P.L.S. No. 19607, to the NE corner of the W 1/2 of Lot 52, monumented with a 1" steel pipe, assumed to bear S 59'43'13 " E) along the easterly i 111111 HIM 1111111111111111111111111111111111111111111111111 IN 1191928 10/31/1997 08:22A B3051 P508 AGREE 5 of 6 R 31.00 D 0.00 N 0.00 Pueblo Ct.y Clk & Rec right of way line of said Santa Fe Avenue, a distance of 665.15 feet to the northwest corner of Tract # 5, Apache Investment Company's Re- Subdivision according to the recorded plat thereof filed for record January 21, 1941, Reception No. 647307 in the records of the Pueblo County Clerk and Recorder; thence S 59'43'13" E along the northerly line of said Tract # 5 and said Tract # 5 extended, a distance of 320.92 feet to the centerline of vacated Trail Avenue; thence S 16 °30'29" W along said centerline, a distance of 235.34 feet; thence S 73 °29'31" E, a distance of 15.00 feet to the southwest corner of that parcel of land described in that Quit Claim Deed filed for record January 9, 1978 in Book 1967 at Page 882 in the records of the Pueblo County Clerk and Recorder; thence S 59'43'13" E along the southerly line of that parcel described in said Quit Claim Deed, a distance of 142.72 feet to a point on the easterly line of Tract # 9 of said Apache Investment Company's Re- Subdivision; thence the following two (2) courses along said easterly line of said Tract # 9 and Tract # 10 of said Apache Investment Company's Re- Subdivision; 1) S 30 °16'47" W, a distance of 25.00 feet; 2) S 12 °50'02" W, a distance. of 191.32 feet to the southeast corner of said Tract # 10; thence S 89'20'13" W to the southwest corner of said Tract # 10, a distance of 150.00 feet; thence N 00 °39'47" W, a distance of 10.00 feet; thence S 89'20'13" W along the southerly line of said Tract # 10 and said Tract # 10 extended, a distance of 135.00 feet to the POINT OF BEGINNING. TOTAL SUBDIVISION ACREAGE: 3.71 acres more or less 1111111111111111111111111111111111111111111111111111111 1191928 10/31/1997 08:22A 83051 P809 AGREE 6 of 6 R 31.00 D 0.00 N 0.00 Pueblo Cty Clk & Rec Subdivision Improvement Agreement Exhibit "B" Mannino Subdivision Mangini & Associates, Inc. Job Number 96 -558 Subdivision Improvements SUB -TOTAL $52,240 Miscellaneous Contingencies @ 15% $7,836 GRAND TOTAL $60,075 Prepared By: Stephen Dear Date: 05/28/97 Checked By: Item Number Item Total uanti Unit Unit Cost Total Cost 1 Excavation 650 CY $3.00 $1,950 2 12" ADS 78 LF $25.00 $1,950 3 Type 2 outlet structure 1 EA $3,000.00 $3,000 4 8" Water Line 450 LF $28.00 $12,600 5 Water Valve 1 EA $300.00 $300 6 Fire Hydrant 1 EA $1,800.00 $1,800 7 SS Service Lines 60' ROW 3 EA $575.00 $1,725 8 H2O Service Lines 60' ROW 3 EA $480.00 $1,440 9 Sidewalk Grate 1 EA $1,500.00 $1,500 10 8" PVC Water Line 683 LF $22.00 $15,026 11 3" HBP /6" ABC Overlay 335 SY $11.10 $3,719 12 Rip Rap W/ Fabric 111 CY $50.00 $5,550 13 Detention Facility 0.14 AC $12,000.00 $1,680 SUB -TOTAL $52,240 Miscellaneous Contingencies @ 15% $7,836 GRAND TOTAL $60,075 Prepared By: Stephen Dear Date: 05/28/97 Checked By: C. DiDomemco Date: 05/28/97 Firm: Mangini & Associates, Inc. Reviewed By: Date: City of Pueblo 4cm fite:96558mbl