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HomeMy WebLinkAbout06211Reception 1182951 08/26/1997 ORDINANCE NO. 6211 AN ORDINANCE APPROVING THE PLAT OF KESSLER SUBDIVISION BE ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that SECTION 1. The final plat of Kessler Subdivision, being a subdivision of land legally described as follows: A parcel of land located within a portion of the NW 1/4 of the SE 1/4 of Section 34, Township 20 South, Range 64 West of the Sixth Principal Meridian located within the City of Pueblo, County of Pueblo, State of Colorado, to wit: That parcel of land described in that Warranty Deed filed for record February 16, 1996, in Book 2867 at Page 472, Reception No. 1110488, in the records of the Pueblo County Clerk and Recorder which reads as follows: Lots 44 to 48, Block 19, Carlile Parks, and that portion of vacated Dupps Avenue adjacent to Lot 48, Block 19, Carlile Parks, containing 17,304.02 square feet 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. Book: 3029 Page: 55P Chris ueb1oCoCC Page: 2 of 2 SECTION 3. This ordinance shall be effective immediately upon final passage and approval. INTRODUCED June 9, 1997 :40 r -o G . try : � r� f •� r p � 06 Clerk By Samuel Corsentino Councilperson APPROVED d4tt44' 'IA4 L President oft e C ncil 5/30/97 Reception 1182952 08/26/1997 SUBDIVISION IMPRC :. LNTS AGREEMENT -� THIS AGREEMENT made and entered into this 2nd day of Agri 1 , 199L by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City ", and Charles W. Kessler hereinafter referred to as "Subdivider*. WIT NESS ETH: WHEREAS, Subdivider has subdivided or is �:a - .:o 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 Kessler 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 )i the City Council to make reasonable provisions for the construction and completion of the re ^wired public i,,iprovements 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 th,H total costs of all uncornp;;iwu 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 bare -;ade said streets so that no through traffic shall be permitted beyond the point to which the estimate of the actor of Public Works is based. 4. Within one hundred eighty (180) days after sup tijent application for a building permit to construct any building or structure upon any building site within block, or upon the issuance of a certificate of occupancy for any such building or structure, whiche is sooner, Subdivider shall likewise deposit an amount not less than the estimate of the Director of Pu,:.:: Works for all required improvements from existing improvements to the proposed building site, less any p, ; , ious deposits made hereunder upon building sites lying between the most recently proposed site and existing improvement, Book: 3029 Page: 553 Chris C. Munoz Page: 2 of 5 Pueblo Co.C1k.&Rec. 5. The City may treat the amount of such ft,.,t ds a MIDI 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 `he office of the County Clerk and Recorder at any time after such default. Action upon such debt may tie instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided �or 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 th4 terms of this Agreement. 7. As a condition of approval of this Sub and to meet the requirements of Section 12- 4-7(J) of the 1971 Code of Ordinances, Subdivider spec! ally agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department un' I a certificate of compliance has been approved and is by the City Director of Public Works and duly re° girded in the Office of the Pueblo County Clerk and Recorder which certifies that 'hose public improvements sft forth in Exhibit "B ", or that portion of said improvements as shall be necessary to totally serve specific to +': or block(s) for which building permits or certificates of occupancy are sou;�ht and which are covered ')y a particular certificate of compliance, have been properly designed, engineered, constructed, and accepter` as meeting the specifications and standards of the City. These restrict °ons on the issuance of certificates of occupancy shall run with the land and shall extend to and be binding upon the heirs, executors, lec-1 representatives, successors and assigns of Subdivider and may be specifically inforced by the City. 8. Acceptar.^e of this Subdivision by the City does not constitute an acceptance of the roads, park, and other public improvements for• maintenanc(, by the City. Until such roads and other park and public improvements have been installed and meet th,- requirements, standards, and specifications of the City, its Subdivision ordinances, and any applicable I' `rks 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 Recreat`on, the maintenance, construction, and all other matters pertaining to or affecting said roads, park and otf public improvements and rights of way are the sole responsibility of the Subdivider or any subsequent ow ^er(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 frorr 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 th i required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be usAd 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 -)f Public Works shall cause all collateral or monies in escrow to be reduced in cash and shall deposit the s me with the Director of Finance and such cash shall be used to complete that portion of the improvements 'he 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 pumoses 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 t',e 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 What 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 itr-, interest or encumbrance to this Agreement and all its terms, conditions, and restrictions. 12. It is mu "ually 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 ��rnendment thereto. Such authority shall include the right to compel rescission of any sale, conveyance, or trarsfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. 13. The °pa hereto mutually agree that this Agreement may be amended from time to time by mutual consent pro�rlded that such amendment be in writing and be signed by all parties hereto. 14. This Acs - Bement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, ad - ninistrators, executors,. suck ( Fors, assigns, and legal representatives of Subdivider, and shall be placed on record in the office of the C .jnty Clerk and Recorder of Pueblo County, Colorado, and shall constitute an :agreement running with the IF ' until released as hereinabove set forth. -2- Book: 3029 Page: 554 Chris C. Munoz Page: 3 of 5 Pueblo Co.Clk. &Rec. IN WITNESS WHEREOF, the parties hereto have cause .< .!its Agreement to be executed and attested by its duly authorized and acting officers and the seal of the S, odivider set hereon. (SEAL) STATE OF COLORADO) SS. COUNTY OF PUEBLO ) l� -Lj�f L, Subdivider By churl PS W- Kpq,; I Pr The foregoing instrument was acknowledged beforf me this day nL _ I , of 199..., by 0RA,u es Subdivider.. - jp'' ;'' o ©.. '� �VO My commission expires: s$� -I"� � �'/ n Notary lic dQIA (S E A Address: (, (.A �;�,. .. •;��a i V45 e ATTEST: STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) CITY OF PUEBLO, a Municipal Corporation By Pr s' ent , r he Council V The foregoing instrument was acknowledged before me this day of 199 , by . 1q• pia , as President of City Council, and �ina. .LJI.I er as City Clerk of the City of Pueblo, Colorado. My commission expires: (SEAL) APPROVED AS TO FORM: City Attorney ary Public ddress: -3- Book: 3o2g Page: 555 Chris C. Munoz Page: 4 of 5 Pueblo Co.Clk. &Rec. EXHIBIT A KNOW ALL MEN BY THESE PRESENT. • That Charles W. Kessler, being the sole owner of the following described property: A parcel of land located within a portion of the NW 114 of the SE 114 of Section 34, Township 20 South, Range 64 West of the Sixth Principal Meridian, located within the City of Pueblo, County of Pueblo, State of Colorado to wit: That parcel of loud described in that Warranty Deed filed for record February 16, 1996 in Book 2867 at Page 472, Reception No. 1110488, in the records of the Pueblo County Clerk and Recorder which reads as follows: Lots 44 to 48, Block 19, Carlile Parks. AND Thot portion of vacated Dupps Avenue adjacent to Lot 48, Block 19, Carlile Parks. TOTAL SUBDIVISION ACREAGE. 0.40 Acre more or less Book: 3029 Page: 556 Chris C. Munoz Page: 5 of 5 Pueblo Co.Clk. &Rec. Subdivision Improvement Agreement Exhibit "B" Charles W. Kessler Kessler Subdivision Mangini & Associates, Inc. Job Number 96- 224 -00 Improvements I Cone. Curb & Gutter 197 LF $7.80 $1,537 2 Remove Curb & Gutter 120 LF $5.00 $600 3 Concrete Alley Aproach 120 SF $3.80 $456 4 Concrete Driveway Aproach 252 SF $3.80 $958 5 6' Sidewalk 2048 SF $2.50 $5,120 6 4' Type "S" Inlet 1 EA $1,800.00 $1,800 7 Handicap Ramp 54 SF $3.80 $205 8 18" Storm Sewer 50 LF $29.00 $1,438 9 Monument Box 3 EA $450.00 $1,350 10 Outlet Structure 1 EA $3,000.00 $3,000 11 Concrete Chase 22 LF $5.00 $110 12 Asphalt Patch 231 SY $11.10 $2,564 SUB -TOTAL Miscellaneous Contingencies @ 15% GRAND TOTAL $19,138 $2,871 $22,009 Prepared By: Brian Boughton Date: 6/12/97 Checked By: Charles DiDomenico Date: 6/12/97 Firm: Mangini & Associates, Inc. Reviewed By: O N 4 ;'c"j Date: x' /.20,/9 Kessler Subdivision 09- Jul -97 KESSLER.WB1 Job No. 96- 224 -00