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HomeMy WebLinkAbout06240Reception 1188462 10/06/1997 ORDINANCE NO. 6240 AN ORDINANCE APPROVING THE PLAT OF CONOCO SUBDIVISION FILING NO. 2 BE ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Conoco Subdivision Filing No. 2, being a subdivision of land legally described as follows: A portion of the East 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 13, Township 20 South, Range 65 West of the 6th P.M., more particularly described as follows: Commencing at a point on the South line of said Northwest 1/4 of the Southeast 1/4 of Section 13 at its intersection with the East right -of -way line of Elizabeth Street, formerly known as U.S. Highway 85 -87, and the Northwest corner of Lot 8, Piedmont Park; thence N00° 09'00" W, along said East right -of -way line, a distance of 270.11 feet to the point of beginning; thence continuing N00 °09'00 "W, along said East right -of -way line, a distance of 249.17 feet to the point of inter- section with the westerly right -of -way line of the Interstate 25 Frontage Road, thence along said westerly right -of -way line the following five courses: 1. Thence S88 °56'00 "E a distance of 39.73 feet to a point of curve; 2. Thence along the arc of a curve to the right whose chord bears S 71 °43'39 "E a distance of 60.12 feet, said curve having a radius of 101.50 feet, a central angle of 34 °27'12" and an arc length of 61.03 feet, to a point of compound curve; 3. Thence along the arc of a curve to the right whose chord bears S46 °04'11" E a distance of 186.94 feet, said curve having a radius of 637.50 feet, a central angle of 16 °51'44 ", and an are length of 187.62 feet, to a point of non - tangent on the southerly line of a right -of -way dedication recorded at deed book 2522 page 607, Pueblo County, Colorado Records; 4. Thence along said Southerly line, N 89 °49'23" E, a distance of 16.39 feet to a point of curve; 5. Thence along the arc of a curve to the right whose chord bears S 31 °17'55 "E a distance of 181.84 feet, said curve having a radius of 646.30 feet, a central angle of 16 °10'28 ", and an are length of 182.45 feet to a point of non - tangent, Book: 3042 Page: 927 Chris C. Munoz Page: 2 of 2 Pueblo Co.Clk. &Rec. Thence S89 °13'01" W a distance of 281.52 feet; thence N00 °09'00" W, a distance of 60.00 feet; thence S89" 19'30 "W a distance of 60.00 feet to the point of beginning, containing 67,318 square feet (1.545 acres) 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. 0 i INDRODUCED August 11 1997 By Charles Jones Councilperson APPROVED at Cc,a-- President o the ouncil City Clerk 7/30/97 Reception 1188463 10/06/1997 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this 11th day of August 1991— by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City", and Conoco Inc. 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 Conoco Filing No. 2 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 may be reduced to the total costs of a!! uncompleted improvements in at !oast oine -hai' of such block, and the required deposit shall be based uoon 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- 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 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 she.!! include the right to compel rescission of any sa!e, 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. Book: 3042 Page: 929 Chris C. Munoz Page: 2 of 8 Pueblo Co.Clk. &Rec. -2- IN WITNESS. WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its duly auth. Wr acting officers and the seal of the Subdivider set hereon. W i Conoco Inc. Subdivider K. .. 'arns 'Ass i s 'C I an' --------- Y Y B 41W We$, W. R. GOVER, A TORNEY-in-Fact STATE OF COLORADO ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this —Ls±—day of July W. R. Gover, Attorney-in-Fact of f Conoco Inc. , 1 99--L, by Subdivider, a Delaware corporation. My commission expires: U < City Clerk STATE OF COLORADO) COUNTY OF PUEBLO ) ) ss. Notary/'Public Address CITY OF PUEBLO, a Municipal Corporation By President of the Council The foregoing instrument was acknowledged before me this �« day of 199/ , by as President of City Council, and as City Clerk of the City of Pueblo, Colorado. EJMUZ�rP*sion expires: Al I,Ky -is P u APPROVED AS TO FORM: Nd Public d4l e" A s s: City Poomey,/ Book: 3042 Page: 930 Chris C. Munoz Page: 3 of 8 Pueblo Co.Clk.&Rec, -3- Book: 3042 Page: 931. Chris C. Nunoz Page: 4 of 8 Pueblo Co.Clk. &Rec. SUBDIVISION 1WROVEMENT AGREEMENT 0- 1 4 mmum 1' LEGAL DESCRIPTION: A PORTION OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 13 AT ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF EUZABETH STREET, FORMERLY KNOWN AS U.S. HIGHWAY 85-87, AND THE NORTHWEST CORNER OF LOT 8, PIEDMONT PARK; THENCE NW09'00 ALONG SAID EAST RIGHT -OF -WAY LINE, A DISTANCE OF 270.11 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NW09'00"W, ALONG SAID EAST RIGHT —OF —WAY LINE, A DISTANCE OF 249.17 FEET TO THE POINT OF INTERSECTION WITH THE WESTERLY RIGHT —OF— WAY LINE OF THE INTERSTATE 25 FRONTAGE ROAD; THENCE ALONG SAID WESTERLY RIGHT —OF —WAY LINE THE FOLLOWING FIVE COURSES: 1. THENCE S88'56'00 "E A DISTANCE OF 39.73 FEET TO A POINT OF CURVE; 2. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS S71'43'39 "E DISTANCE OF 60.12 FEET, SAID CURVE HAVING A RADIUS OF 101.50 FEET, A CENTRAL ANGLE OF 3 2 AND AN ARC LENGTH OF 61.03 FEET, TO A POINT OF COMPOUND CURVE; 3. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS S46'04'11 A DISTANCE OF 186.94 FEET, SAID CURVE HAVING A RADIUS OF 637.50 FEET, A CENTRAL ANGLE OF 16'51'44 ", AND AN ARC LENGTH OF 187.62 FEET, TO A POINT OF NON - TANGENT ON THE SOUTHERLY LINE OF A RIGHT —OF —WAY DEDICATION RECORDED AT DEED BOOK 2522 PAGE 607, PUEBLO COUNTY, COLORADO RECORDS; 4. THENCE ALONG SAID SOUTHERLY LINE, N89'49'23 "E A DISTANCE OF 16.39 FEET TO A POINT OF CURVE; 5. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS S31'17'55 A DISTANCE OF 181.84 FEET, SAID CURVE HAVING A RADIUS OF 646.30 FEET, A CENTRAL ANGLE OF 16 - 10'28 - , AND AN ARC LENGTH OF 182.45 FEET TO A POINT OF NON - TANGENT; THENCE S8W 13'01 "W A DISTANCE OF 281.52 FEET; THENCE N00'09'00"W A DISTANCE OF 60.00 FEET; THENCE S8719'30"W A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING, CONTAINING 67,318 SQUARE FEET (1.545 ACRES). Book: 3042 Page: 932 Chris C. Munoz Page: 5 of 8 Pueblo Co.Clk. &Rec. SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT `B" SUBDIVISION NAME: Conoco Subdivision Filing No. 2 DEVELOPER: Conoco Inc. ENGINEER: Galloway, Romero & Associates ITEM QUANTITY UNIT PRICE COST ($) WATER MAIN (N. ELIZABETH ST.) IMPROVEMENTS Water Main (including valves, etc.) 96 LF. 40.00/LF. 3840.00 FUTURE N. ELIZABETH ST. IMPROVEMENTS AS DETERMINED BY THE CITY OF PUEBLO AND THE COLORADO DEPARTMENT OF TRANSPORTATION Roadway Improvements LUMP -SUM 10,000.00 10,000.00 STORM SEWER/DETENTION (ON -SITE) IMPROVEMENTS Type 13 Inlet w /Open Throat 1 1800.00/EA. 1800.00 Two Stage Outlet Structure 1 3000.00/EA. 3000.00 Manhole - T dia. 1 1600.00 /EA. 1600.00 8" PVC Storm Sewer 182 LF. 18.00/LF. 3276.00 12" PVC Storm Sewer 32 LF. 18.00/LF. 576.00 Type M Rip Rap Overflow Spillway 7 CY. 50.00 /CY. 350.00 Planting & Establishing Vegetation 0.209 AC. 12,000 /AC. 2508.00 Grading 377 CY. 2,00 /CY. 754.00 TOTAL: $ 27,704.00 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: Carl T. Schmidtlein DATE: Sept. 4, 1997 FIRM: Galloway, Romero & Associates REVIEWED BY: DATE: City of Pueblo F:\ CLIEN TS\ CONOCO \CO20 \DOCSVMISC\EXHBTB.CTS September 10, 1997 (11 02a ) Cc o7c Do Book: 3042 Page: 933 Chris C. Munoz Page: 6 of 8 Pueblo Co.Clk. &Rec. SECRETARY'S CERTIFICATE I, the undersigned, K. G. Williams, Assistant Secretary of Conoco Inc., a corporation organized and existing under and by virtue of the laws of the State of Delaware, hereby certify that the following is a true copy of a resolution adopted by the Board of Directors of said Corporation by unanimous written consent effective February 1 , 1988, as revised by the Assistant Secretary of this Corporation pursuant to authority granted to the Assistant Secretary in a resolution adopted by the Board of Directors of this Corporation effective February 1, 1988, and that said resolution is now in full force and effect, to wit: RESOLVED, That the president or any vice president of this Corporation, with the advice and consent of the vice president and general counsel or his designee, is authorized to execute and deliver on behalf of this Corporation any and all powers of attorney, in any form whatsoever, that they may deem necessary or expedient to conduct the business of the Corporation with national, state or local governments, corporations, partnerships, other outside organizations or individuals, whether in the United States or foreign countries. The undersigned further certifies that: 1. pursuant to the foregoing resolution J. W. Nokes with the advice and consent of the vice president and general counsel, executed on August 12, 1996, a power of attorney appointing W. R. Gover, Manager Branded Marketing, North America, an attorney -in -fact of Conoco Inc., effective February 1, 1996; and 2. on August 12, 1996, J. W. Nokes was a duly appointed, qualified and acting Vice President of Conoco Inc.; and 3. the attached is a true and correct photocopy of the Power of Attorney appointing W. R.Gover an attorney -in -fact of Conoco Inc.; and 4. W. R. Gover is and has been at all times since February 1 , 1996, until w the date hereof, a true and lawful attorney -in -fact of Conoco Inc. ,IN �Vl S WHEREOF. I have hereunto set my hand as Secretary and affixed the off'' c6fpora al of the Corporation, this 11TH day of August, 1997. <' Asti acct Secretary, Conoco Inc. STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on 11 TH day of August, 1997, by K. G. Williams, Assistant Secretary of Conoco Inc, a Delaware corporation, on behalf of the corporation. _ (i Y mot, i �.._s - ✓,. _� Notary Public . DIANE HEARD �= Notary Pubiic, State of Texas `•- My Commission Expires OCTOBER 25, 1997 S110351 Book: 3042 Page: 934 Chris C. Munoz Page: 7 of 8 Pueblo Co.C1k.&Rec. 509 -4 - Lg n /10 301071437 6110 1 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: 111.0 CONOCO INC., a Delaware corporation, acting herein through J. W. Nokes, its Vice President, said officer being duly authorized by resolution of its Board of Directors effective as of February 1, 1988, does hereby constitute, make and appoint . R. Gover who is serving as its Manager Branded Marketing, North America, its 111�9� true and lawful attomey -in -fact, for it and in its name, place and stead to exercise the following powers from February 1, 1996, until canceled or terminated: (1) To do such things, perform such acts, and to execute, acknowledge and deliver or receive such written instruments as may be necessary or convenient in connection with the disposition of real property and accompanying improvements owned by Conoco Inc. `\ (2) To do such things, perform such acts, and to execute, acknowledge and deliver or receive such written instruments as J may be necessary or convenient in connection with the acquisition in fee of real property and accompanying Improvements on behalf of Conoco Inc. (3) To do such things, perform such acts, and to execute, acknowledge and deliver or receive such written instruments as may be necessary or convenient in connection with the leasing of real property and accompanying improvements on behalf of Conoco Inc. The powers herein conferred shall extend to all acts and transactions affecting property, both real and personal, situated in any state of the United States or any county or parish thereof or the District of Columbia. The said Conoco Inc. hereby declares that each and every thing done, act performed and instrument executed and delivered by its said attorney -fact, in connection with the exercise of any or all of the powers hereinabove enumerated, shall be good, valid ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL, OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR, OR RACE, IS INVALID AND UNENFORCEABLE UNDER TH$, L LAW. f N Re , M A DER �. BEVERLY B. UFIvIAN, County Clerk Harris County, Texas Deputy "'DCUDIPES T, LOPEZ Book: 3042 Page: 935 Chris C. Munoz 509 - 1 -. 3330 Page: 8 of 8 Pueblo Co.C1k.&Rec. and effectual to all intents and purposes as If the same had been done, performed, executed or delivered by the said Conoco Inc. in its corporate presence as the case may be; and it hereby ratifies whatsoever said attorney shall lawfully do by virtue hereof. Executed on August 12 ' 1996 ° Attest: ` Conoco Inc. r Y� As distant Secretary President ,3. C�� STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on August �-L , 1996, by J. W. Nokes, Vice President of Conoco Inc., a Delaware corporation, on behalf of the Corporation. Notary Public DUNE ►IEI 1 • 100Tow 251997 III AFTER RECORDING RETURN T0: K. G. Williams Conoco Inc. P.. 0. Box 4784 Houston, TX 77210 -4784 FNANAMB91 WP ID00 wC4PPA 2 UY M WMN ON Wdd no M Owl no M ft *oft 1 ~ � III SEP 1 o 1996 w�i� i ea�n+ew ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL, OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR, OR RACE, IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. Y A cE w ATTEST: >.' BEVERLY B. gAUFMAN, County Clerk Harris County, Texas 1. LUFtj_ Deputy ) ..T a x a U � z x c� vn 4 Notary Public DUNE ►IEI 1 • 100Tow 251997 III AFTER RECORDING RETURN T0: K. G. Williams Conoco Inc. P.. 0. Box 4784 Houston, TX 77210 -4784 FNANAMB91 WP ID00 wC4PPA 2 UY M WMN ON Wdd no M Owl no M ft *oft 1 ~ � III SEP 1 o 1996 w�i� i ea�n+ew ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL, OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR, OR RACE, IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. Y A cE w ATTEST: >.' BEVERLY B. gAUFMAN, County Clerk Harris County, Texas 1. LUFtj_ Deputy