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
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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.
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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.
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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.
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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 )
.&,� ��� 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
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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
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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
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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
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