HomeMy WebLinkAbout06229Reception 1231567
07/31/1998
ORDINANCE NO. 6229
AN ORDINANCE APPROVING THE PLAT OF REGENCY
BUTCHER SUBDIVISION 1 ST FILING
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Regency Butcher Subdivision 1st Filing, being a subdivision of land
legally described as:
A parcel of land located in the North 1/2 of the Southeast 1/4 of Section 9,
Township 21 South, Range 65 West of the 6th Principal Meridian, being
more particularly described as a portion of Block 13 and Block 18 and a
portion of vacated Eiler Avenue, all lying within Columbia Heights,
according to the recorded plat thereof filed for record May 23, 1888, of
the Pueblo County records, Pueblo, Colorado. And being more particularly
described by metes and bounds as follows:
Beginning at a point on the Northerly Right of Way of Colorado State
Highway No. 78, from which the Centerline of Thames and the intersection
of Colorado State Highway No. 78 (City of Pueblo Monument with a 2 inch
alum. Cap marked PLS 25948) as shown on Regency Ridge Subdivision,
1st Filing and filed for record in Book 2791 at Page 134 of the Pueblo County
Records, bears S 52° 33'20" W a distance of 30.00 feet; thence N 37° 26' 40"
W along the Easterly Right of Way of said Thames Drive a distance of
269.74 feet; thence N 52° 33' 20" E a distance of 290.61 feet to the centerline
of said vacated Eiler Avenue; Thence S 00° 31' 22" W a distance of 342.15
feet to the North Right of Way of said Colorado State Highway No. 78;
Thence S 52° 33'20" W along said North Right of Way a distance of 80.12
feet to the point of Beginning. Said parcel contains 1.15 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 easements,
public sites, parks and open spaces by the City does not obligate the City to maintain or repair
same until such streets, rights -of -way, utility and drainage easements, public sites, parks and
and open spaces have been constructed and installed in compliance and in accordance with the
111111111111 HE 1111111111111111 IN 111111 i
1231367 07/31/1998 08:15A ORD Chris C. Munoz
2 of 3 R 16.00 D 0.00 Pueblo C!y Clk & Roe.
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.
Neither the adoption of this ordinance and the requirements imposed hereby shall create
any duty or obligation of any person, firm, corporation or other entity with regard to the enforce-
ment or nonenforcement of this ordinance or the City's Subdivision Ordinances and regulations.
No person, firm, corporation or other entity shall have any private right of action, claim or
demand against the City or its officers, employees or agents, for any injury, damage or liability
arising out of or in any way connected with the adoption, enforcement, or nonenforcement of
this ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering,
surveying, drainage improvement or other work or improvements required thereby. Nothing
in this ordinance or in the City's subdivision ordinances and regulations shall create or be
construed to create any claim, demand or liability against the City or its officers, employees
or agents, or to waive any of the immunities, limitations on liability, or other provisions of the
Colorado Governmental Immunity Act, Section 24 -10 -101, et seq. Colorado Revised Statutes,
or to waive any immunities or limitations on liability otherwise available to the City or its
officers, employees or agents.
SECTION 4.
This ordinance shall be approved upon final passage but shall not become effective
until (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of
Title XII of the 1971 Code of Ordinances meeting and complying with the subdivision require-
ments of the City have been filed with and approved by the Director of Public Works, and (b)
the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder.
If any such filings and approvals have been deferred pursuant to Section 12 -4 -5 (B) (2) of the
1971 Code of Ordinances, and are not for any reason filed and approved within one (1) year
after final passage of this Ordinance, or within any extended period granted by Resolution
of the City Council, this Ordinance shall automatically be rescinded and repealed thirty
(30) days after written notice of such rescission and repeal is given to the Subdivider. No
vested rights shall accrue to the subdivision or be acquired until this Ordinance or the final
subdivision plat becomes effective.
111111111111111111111111111111111111111111111111 .
1231 67R 16 0 o.00 PuebloDCl.yrClkC& Roc.
INTRODUCED July 14, 1997
By John Verna
Councilmember
APPROVED C c
President o he uncil
City Clerk
7/10/97
Reception 1231569
07/31/1998
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on July 27, , _ i AQ R , between the CITY OF
PUEBLO, a Municipal Corporation ( "City "), and James x Bi,trhpr
( "Subdivider ")
RECITALS:
WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located
in the City and legally described in attached Exhibit "A "; and
WHEREAS, the Subdivider, as a condition of approval of the final plat of Regency Butc her
Subdivision, 1st Filing
( "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 by Section 12 -4 -7 (7) of the 1971 Code of Ordinances of
the City to construct and install certain public improvements generally described in attached Exhibit
"B" and shown on approved construction plans and documents on file at the office of the City's
Director of Public Works ( "Required Public Improvements "); and
WHEREAS, by Chapter 4, Title XII of the 1971 Code of Ordinances, Subdivider is obligated
to provide security or collateral sufficient in the judgement of the City Council to make reasonable
provisions to construct and complete the Required Public Improvements.
NOW, THEREFORE, in consideration of the following mutual covenants and agreements,
the City and subdivider agree as follows:
Subdivider agrees within one hundred and eighty (180) days after applying 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 occurs first, to construct and install at its sole cost all of the
Required Public Improvements.
2. In lieu of installing the Required Public Improvements within the time period
prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any
portion thereof shall deposit cash or other collateral with the City Director of Finance,
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
DPW 2/18/98
111111111111111111111111111111111111111111111111111 IN =
1231869 07/31/1998 08:13A SUB AS Chris C. Mun
2 of 9 R 46.00 0 0.00 Pueblo Cl.y Clk & Rec.
to complete all Required Public Improvements by Subdivider or subsequent owner
expires. Such deposit or escrow agreement shall be 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 cost of all uncompleted Required Public Improvements within
the block at the time application for building permit is made. The amount of the
deposit required by this alternative shall not be less than 25% of such estimate plus
the costs of extending all required sewer and water lines from 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 closer, to the
proposed building site. In any case where the block, as later defined, exceeds one
thousand (1000) 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 Required Public Improvements in at least one half ( /2 ) of such block,
and the required deposit shall be based upon such decreased estimate. The Subdivider,
however, shall provide a turnaround of at least sixty (60') feet in diameter at the mid -
block point and barricade such street 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 occurs first, Subdivider shall also deposit an amount not less than the
estimate of the Director of Public Works for all Required Public Improvements from
existing improvements to the proposed building site, less any previous deposits made
under this agreement upon building sites lying between the most recently proposed
site and existing improvements.
5. In the event the Subdivider or any subsequent owner of the land fails to complete the
Required Public Improvements or to make such deposit within the required time, no
additional building permits shall be issued to the Subdivider or the subsequent owner
or to any other person to build or construct any building or structure in the
Subdivision until such default is remedied. In addition, the City may treat the amount
of such deposit as a debt due the City from the Subdivider or subsequent owner, which
debt shall be alien 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 in this agreement are
cumulative and the use of one shall not prohibit the use of another.
6. Upon paying such deposit, the City Director of Public Works shall release the
proposed building site from the terms of the Agreement except the terms of Paragraph
7 below.
DPW 2/18/98 2
111111111111111111111111111111111111111111111111111111111 IN
1231569 07/31/1998 08:15A SUB AS Chris C. Munoz
3 of 9 R 46.00 D 0.00 Pueblo Cty Clk 8 Rea.
7. As a condition of approval of this Subdivision, and to meet the requirements of
Section 124-7 (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 the Required Public Improvements, or those improvements necessary
as determined by the City Director of Public Works, to totally serve specific lot(s) or
block(s) for which certificates of occupancy are sought have been properly designed.,
engineered, constructed and accepted as meeting the specifications and standards of
the City.
The restrictions on issuing certificates of occupancy contained in this paragraph 7 and
the restriction on the issuance of building permits contained in paragraph 5 shall run
with the land and shall extend to and be binding upon the heirs, 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, parks and other public improvements for maintenance by the City. Until such
roads, parks and other 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, parks and other public improvements and rights -
of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the
land within the Subdivision.
9. The required time to complete all Required Public 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 Required Public Improvements within the required time and the payment
of all inspection costs by Subdivider, the Director of Public Works shall cause all
obligations of the Subdivider relating to the Required Public Improvements within
such block to be released. If such Required.Public 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 insufficient monies are available at the end of the required time to
complete all Required Public Improvements for the entire length of such block, the
Director of Public Works shall cause all collateral or monies in escrow to be reduced
to cash and shall deposit the same with the Director of Finance. Such cash shall be
used to complete that portion of the Required Public Improvements as the Director
of Public Works, in the Director's sole discretion, shall determine. Until all the
Required Public Improvements are completed and approved by the Director of Public
Works, Subdivider and the subdivided land shall remain liable and responsible for all
the Required Public Improvements.
DPW 2/18/98 3
11111111111111111111111111111 IN 111111111111111111 IN
1231569 07/31/1998 08:15A SUB AG Chris C. Mum
4 of 9 R 46.00 D 0.00 Pueblo Cty Clk 8 Roo.
10. For purposes of this Agreement, the - ' 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. If the Required Public Improvements are for a commercial subdivision and include
stormwater drainage, stormwater detention facility, or maintenance and restoration
of restoration of adjacent drainage channels, and/or associated improvements and
revegetation (the "facilities "), located either within or outside of the Subdivision,
Subdivider shall install the facilities in accordance with plans and specifications
therefor approved by, and on file with the City, and thereafter, the facilities shall be
repaired, replaced and maintained in good working order and condition by the owners
of the land within the Subdivision. The City is granted the right (but not the
obligation) to inspect, control, repair, replace and maintain the facilities and to
recover all costs and expenses therefor including an administrative charge of 15% from
the owners of the land within the Subdivision. All such City's costs and
administrative charge shall become a perpetual lien on all the land within the
Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a
statement of lien setting forth the City's costs and describing the land signed by the
City's Director of Public Works. Failure of the City to inspect, control, repair,
maintain or replace the facilities shall not subject the City to any liability for such
failure.
12. 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 all liens and 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.
13. The City or the 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 hereto. 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. In the
event of any litigation concerning this Agreement, the Court shall award the prevailing
party its costs and expenses, including reasonable expert witness and attorneys' fees.
14. The parties agree this Agreement may be periodically amended by mutual consent
provided such amendment is in writing and be signed by all parties.
15. This Agreement shall extend to and be binding upon the successors and assigns of the
City and upon the heirs, successors, assigns and legal representatives of Subdivider,
DPW 2/18/98 4
11111111111111111111111111111111111111111111111111111111111111 IN
1231569 07/31/1998 08:15A SUB AG Chris C. Murno:
5 of 9 R 46.00 0 0.00 Pueblo C!y Clk 8 Roe.
and shall be recorded 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 described above.
The parties have caused this Agreement to be executed and attested by its duly authorized and
acting officer.
(SEAL)
STATE OF COLORADO )
} ss.
COUNTY OF PUEBLO )
by
U-
The foregoing instrument was acknowledged before me on L3 y Z --1 -�
My commission expires:
�PF
CL
Acfin9 rty Clerk
STATE OF COLORADO )
ss.
COUNTY OF COLORADO )
, Subdivider.
Nota Public
C11Y OF PUEBLO, a Municipal Corporation
President o e Council
DPW 2/18/98 5
111111111111111111111111111111111111111111111111111 IN
1231569 07/31/1998 08.15A SUB AG Chris C. M
6 of 9 R 46.00 D 0.00 Pueblo Cty Clk 8 Roe.
The foregoing instrument was acknowledged before me on July 30 , , 1988 ,
by Cathy A Garcia , as President of City Council, and Lorene M. Santi stevan
as. Actin _City Clerk of the City of Pueblo, Colorado.
�'My commission expires:
N ry Public
TA,��..
�Y k
f�
AS TO FORM:
City Attorney
DPW 2/18/98 6
11111111111111111111111111111 IN 1111111111111111111111
1231569 07/31/1998 08:15A SUB
AG
Chris
C. Munos
7 of 9 R 46.00 D 0.00 Pueblo
C!y
Clk &
Rae.
EXHIBIT A
A parcel of land located in the North %z of the Southeast % of Section 9, Township 21 South, Range 65
West of the 6th Principal Meridian, being more particularly described as a portion of Block 13 and
Block 18 and a portion of Vacated Eiler Avenue, all lying within Columbia Heights, according to the
recorded plat thereof filed for record May 23, 1888, of the Pueblo County Records, Pueblo, Colorado.
And being more particularly described by metes and bounds as follows:
Beginning at a Point on the Northerly Right of Way of Colorado State Highway No. 78, from which the
Centerline of Thames Drive and the intersection of Colorado State Highway No. 78 (City of Pueblo
Monument with a 2inch alum. cap marked PLS 25948) as shown on Regency Ridge Subdivision, 1st
Filing, and filed for record in Book 2791 at Page 134 of the Pueblo County Records,
Bears S 52 ° 33'20 " W a distance of 30.00 Feet;
Thence N 37 ° 26'40 " W along the Easterly Right of Way of said Thames Drive a distance of 269.74
Feet;
Thence N 52 ° 33'20 " E a distance of 290.61 Feet to the Centerline of said Vacated Eiler Avenue;
Thence S 00 '31 '22 " W a distance of 342.15 Feet to the North Right of Way of said Colorado State
Highway No. 78;
Thence S 52 '33'20 " W along said North Right of Way a distance of 80.12 Feet to the Point of
Beginning.
Said Parcel contains 1.15 Acres, more or less.
7
1111111 111111111111111111111111111111111111111111 IN
1231569 07/31/1998 08:15A SUB AG Chris C. Munoz
8 of 9 R 46.00 D 0.00 Pueblo Ct,y Clk & Rea.
EXHIBIT B
Subdivision Name: Regency Butcher Subdivision, 1st Filing
Developer: Butcher and Associates, Inc.
Engineer: Abel Engineering Professionals, Inc.
Improvements Amount Units Cost/Unit
Name: Northern Avenue / Highway No. 78
Asphalt
5" full depth bike path extension 7 SY $11.00
Concrete
Handicap ramp
6" Standard curb and gutter
Storm Sewer
24" HDP
Name: Thames Drive
Total
$77.00
60 SF $3.50 $210.00
121 LF $7.80 $943.80
10 LF $36.00
Subtotal $1,590.80
Pavement
5" Full depth asphalt patch (utilities) 54 SY $11.00
Remove and replace asphalt (drivecuts) 27 SY $11.00
Concrete
6' Sidewalk (4" depth)
Handicap ramps
Driveway (7)
Remove and replace curb and gutter
Sanitary Sewer and Appurtenances
Service lines -- 60' ROW
Water Main and Appurtenances
Service lines -- 60' ROW
1707 SF $2.50
90 SF $3.50
492 SF $3.80
122 LF $10.00
$360.00
$594.00
$297.00
$4,267.50
$315.00
$1,869.60
$1,220.00
1 EA $480.00
1 EA $575.00
$480.00
$575.00
11111111111111111111111111111111111111111111111111 IN
1231569 07/31/1998 08:15A SUB AG Chris C. Munoz
9 of 9 R 46.00 0 0.00 Pueblo C!y Clk 8 Ree.
Drainage
Type 2 outlet structure
1
EA
$3,000.00
$3,000.00
15" Pipe
56
LF
$27.15
$1,520.40
Trickle Channel
392
LF
$10.00
$3,920.00
Riprap
5.7
CY
$50.00
$285.00
Grading
205
CY
$2.00
$410.00
Concrete spillway
2.25
CY
$32.00
$72.00
Subtotal
$18,825.50
Grand Total
$20,416.30
Prepared by: Stephen M. Bair
Firm: Abel Engineering Professionals, Inc.
Reviewed by: czi� &101_ --
City of Pueblo
ADDITIONAL IMPROVEMENTS NORTHERN AVENUE / HWY 78
Highway Median (curb and gutter with raised concrete paving)
DESIGN (survey, engineering design, plan and profile drawing)
CONSTRUCTION
450 LF @ $37.60 / LF
SUB -TOTAL
FINAL GRAND TOTAL
Date: July 27, 1998
Date: 7 1 ;ZY 1 1 If
$ 3,000.00
$ 16,920.00
$ 19,920.00
----------------
----------------
$ 40,336.30
9
Reception 1231570
07/31/1998
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 23rd day of July, 1998, by James H. Butcher, General Partner of
Regency Partners, Grantor, to Pueblo, a Municipal Corporation, Grantee:
WITNESSETH:
THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable
consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to
Grantee, its successors and assigns, an easement and right of way for the purpose of drainage and access,
in through, over, under and across Grantor's property situated in Pueblo County, Colorado, described in
the attached Exhibit "A" (the "Property") and shown in the attached Exhibit "B ".
Grantor shall install a Concrete Trickle Channel and maintenance road within the 25 feet Drainage
& Access Easement and a maintenance road within the 15 feet Access Easement (the "Facilities ") in the
Property in accordance with plans and specifications therefor approved by, and on file with Grantee, and,
thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair and
replace the Facilities.
Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain,
repair and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of
15% from the Grantor. For such purposes, Grantee is granted the right to enter upon the Property and
adjoining property of Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the
Facilities shall not subject the Grantee to any liability for such failure.
Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the
right and privilege above granted and which will not interfere with or endanger any equipment or facilities
therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect
or cause to be located or erected on this Property any building or any other structure or manufactured or
mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the
Property and full power to grant this easement and right of way, and (b) will defend Grantee's quiet and
peaceful possession of the Property and easement and right of way against all persons who may lawfully
claim title to the Property.
"Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be
binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of
the Grantor and Grantee.
SIGNED this 23rd day of July, 1998
GRANTOR: Regency Partners
A. Butcher
1 Partner
111111 Iliii iiill 111111111111 IIII 111111 III IIIII IIII IIII
COUNTY OF PUEBLO 1231370 07/31/1998 08:13A EASE Chris C. Munoz
2 of 3 R 16.00 0 0.00 Pueblo Cty Clk 8 Roe.
) S.S.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this 23rd day of July, 1998 by James H.
Butcher, General Partner of Regency Partners.
Witness my hand and official seal.
My commission expires:— — I I q 9
A. C
9 U
•49C't�