HomeMy WebLinkAbout06223Reception 1190918
10/24/1997
ORDINANCE NO. 6223
AN ORDINANCE APPROVING THE PLAT OF WILLS COMMERCIAL
PARK FILING NO. 3 SUBDIVISION
BE ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that
SECTION 1.
The final plat of Wills Commercial Park Filing No. 3 Subdivision, being a Subdivision
of land legally described as follows:
All of Lot 1, Block 1 in Wills Commercial Park, according to the recorded plat
thereof, filed for record March 15, 1996,
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.
SECTION 3.
This ordinance shall be effective immediately upon final passage and approval.
Book: 3048 Page: 834 Chris C. Munoz
Page: 2 of 2 Pueblo Co.Clk. &Rec.
INTRODUCED July 14 , 1997
J G" g
wWON y + t
A
By Charles Jones
Councilperson
APPROVED u
President of t9e Co4ncil
CitkCIerk
6/30/97
Reception 1190919
10/24/1997
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this c day of
of 199 by and between the CITY OF PUEBLO, a
Mullicipal Corporation, hereinafter referred to as "City ", and
R.C.R. Ltd. Limited Liability Co., a Colorado Limited Liability
Company, 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. 3 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 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,
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Book: 3048 Page: 836 Chris C. Munoz
Page: 2 of 7 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
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Book: 3048 Page: 837 Chris C. Munoz
Page: 3 of 7 Pueblo Co.Clk. &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 herein above set forth.
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Book: 3048 Page: 838 Chris C. Munoz
Page: 4 of 7 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.C.R. Ltd. Liability Company,
a Colorado Limited Liability Company
(S E A L)
STATE OF COLORADO) -
ss. By
COUNTY OF PUEBLO ) Charles Hedrick, Manage
The oregoing instrument was acknowledged before me this a�
day of n4••4Lyy. .. , 199t_, by Charles R. Hedrick, Manager
Subdivider.
My commission expires: F 1
0 Notary Public
Address: (X5 45.
• �. ��SS r. �� •
City Clerk
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
CITY OF PUEBLO, a Municipal Corporation
by �.
President o f the Council
The foregoing instrument was acknowledged bef re me this
day of CCc0 6� , 199 , by cL�fi ��.ti��_� ,
as President of City Council, and a s
City,��lerk of the City of Pueblo, Colorado.
.
E a
1C My:��gmmission expires: �- `�" °zc'OO t �
R Y
w O _ N ry Pu
A ress:
E e10 ;
APPROVED AS TO FORM:
-
Cit torney
blic
Idai16 /n , e--e) F /ao/
-4-
Book: 3048 Page: 839 Chris C. Munoz
Page: 5 of 7 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT " A "
All of Lot 1, Block 1 in Wills Commercial Park, according to the
recorded plat thereof, filed for record March 15, 1996.
Containing 11.259 acres.
9404503.1000
—5—
Book: 3048 Page: 840 Chris C. Munoz
Page: 5 of 7 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
DEVELOPER:
ENGINEER:
STREETS (WILLS BLVD.)
Asphalt (8 Full Depth)
Standard Curb and Gutter
Cross Pan
Square Pan
Handicap Ramps
SANITARY SEWER:
8 PVC Sewer Main
48" Manholes
Services
WATER
12" PVC Water Main
Fire Hydrant Ass'y.
Services
STREET LIGHTS
MONUMENTS
WILLS COMMERCIAL PARK,
FILING NO.3
R.C.R. LTD. LIABILITY CO.
NORTHSTAR ENGINEERING AND SURVEYING, INC.
3496
SY @
$16.70
/SY
$58,383
996
LF @
$7.80
/LF
$7,769
860
SF @
$3.80
/SF
$3,268
804
SF @
$3 .80
/SF
$3,055
4
EA @
$500.00
/EA
$2,000
228 LF @ $22.00 /LF $5,016
1 EA @ $1,400.00 /EA $1,400
1 EA @ $765.00 /EA $765
612 LF @ $29.00 /LF $17,748
2 EA @ $3,000.00 /EA $6,000
1 EA @ $640.00 /EA $640
4 EA @ $1,300.00 /EA $5,200
2 EA @ $575.00 /EA $1,150
WILLS BLVD. TOTAL $112,394
Book: 3048 Page: 841 Chris C. Munoz
Page: 7 of 7 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
DEVELOPER:
ENGINEER:
STREETS (KACHINA PLACE)
Asphalt (7 Full Depth)
Standard Curb and Gutter
Cross Pan
Square Pan
Handicap Ramps
SANITARY SEWER:
Services
WATER
8 PVC Water Main
Fire Hydrant Ass'y.
Services
Permanent Blowoff
8 MJ Tee
8 "Gate Valve
STREET LIGHTS
MONUMENTS
WILLS COMMERCIAL PARK,
FILING NO.3
R.C.R. LTD. LIABILITY CO.
NORTHSTAR ENGINEERING AND SURVEYING, INC.
1090
SY
@
$14.80
/SY
$16,132
445
LF
@
$7.80
/LF
$3,471
248
SF
@
$3.80
/SF
$942
340
SF
@
$3.80
/SF
$1,292
2
EA
@
$500.00
/EA
$1,000
1
EA
@
$575.00
/EA
$575
248
LF
@
$29.00
/LF
$7,192
1
EA
@
$3,000.00
/EA
$3,000
1
EA
@
$640.00
/EA
$640
1
EA
@
$600.00
/EA
$600
1
EA
@
$300.00
/EA
$300
1
EA
@
$600.00
/EA
$600
1
EA
@
$1,300.00
/EA
$1,300
1
EA
@
$575.00
/EA
$575
TOTAL(Kachina Place) $37,619
GRAND TOTAL $150,014
This is an estimate only. Actual construction costs may vary.
This estimate may not include all construction costs.
PREPARED BY:
A. RICKEY
FIRM: NORTHSTA / RE - NGIN� J EER , IN NG G AND SURVEYING, INC.
REVIEWED BY:
City of Pueblo
RlM
D: \ACADTEXT \9404503 \EXHI8ITB.XLS