HomeMy WebLinkAbout06258Reception 1198384
12/24/1997
ORDINANCE NO. 6258
AN ORDINANCE APPROVING THE PLAT OF TRIPLE G
SUBDIVISION
BE ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that
SECTION 1.
The final plat of Triple G Subdivision, being a subdivision of land legally described
as follows:
A parcel of land in the NW 1/4 of the NW 1/4 of Section 14, Township
21 South, Range 65 West of the 6th P.M., more particularly described
as follows:
Beginning at a point 66 feet East of the West line of the said Section
14 and 647 feet South of the NW corner of said Section 14; thence
South and parallel to the West line of said Section 14, a distance of
135.39 feet; thence East and parallel to the North line of said Section
14, a distance of 150.00 feet; thence North and parallel to the West
line of Section 14, a distance of 135.39 feet; thence West and parallel
to the North line of said Section 14, a distance of 150 feet to the Point
of Beginning, City of Pueblo, County of Pueblo, State of Colorado.
Said parcel contains 0.47 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.
SECTION 3.
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This ordinance shall be effective immediately upon final passage and approval.
INTRODUCED Sept -r H, 1997
o` a .
'4
, .ATTEST:
By Samuel Corsentino
Councilperson
APPROVED Q/
President oiqthe Vouncil
Ci Clerk
8/29/97
Reception 1198356
12/24/1997
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this 25 day of Sep tember 199 7
by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City", and
TRIPLE G INVESTORS
hereinafter referred to as "Subdivider.
W ITNESSETH:
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
Subdivision, wishes to enter into this Subdivision
authorized by Chapter 4, Title XII of the 1971 Code of Ordinances; and
Triple G
Improvements Agreement as
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 all
uncuuipt�Lau imp ovements 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.
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 any saib,
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.
sW • •
(SEAL)
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
L` �
o e
The foregoing instrument was acknowledged me this 1Q- day
/
of I jG- L ele 199 , by
My commission expires: 4 - I1(g6 `
N to u lic
(S E A L) Address: 31 Z14
on { Lo, r <
h •1 C7
, ! s (f�` o
City Clerk
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
i0 3
o 1
Subdivider. ��.•' f
''4U�1�`, i ..
CITY OF PUEBLO, a Municipal Corporation
By
Pre ' nt of t e Council
The foregoing instrument was acknowledged before me this 19th day
Of December 199 , by Cathy A. Garcia as President of City
Council, and Gina Dutcher as City Clerk of the City of Pueblo, Colorado.
: •"'Idly 'C'o!nmission expires: 8
TF' OF co c
APPROVED AS TO FORM:
City (,Aftorney
No ary Public
Address: Fataw q ), (J1
Pulbl o, CC 166 s
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-3.
EXHIBIT A
KNOW ALL MEN BY THESE PRESENT: Triple G Investors, a Colorado Limited
Liability Company, being the sole owner of the following described property:
A parcel of land in the NW 1/4 of the NW 1/4 of Section 14, Township 21 South, Range 65 West
of the 6th P.M., more particularly described as follows:
BEGINNING at a point 66 feet East of the West line of the said Section 14 and 647 feet South of
the NW comdr of said Section 14; thence South and parallel to the West line of;said Section 14, a
distance of 135.39 feet; thence East and parallel to the North line of said Section 14, a distance of
150.00 feet; thence North and parallel to the West line of Section 14, a distance of 135.39 feet,
thence West and parallel to the North line of said Section 14, a distance of 150 feet to the POINT
OF BEGINNING, City of Pueblo, County of Pueblo, State of Colorado.
Said parcel contains 0.47 acres more or less
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1198356 12/24/1997 08:248 B3068 P629 AGREE
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Subdivision Improvement Agreement Exhibit "B"
Randy Gregory
Triple G Subdivision
Mangini & Associates, Inc. Job Number 96- 546 -00
2 Replace C &G
129
LF
$7.80
$1,006.20
3 Remove Concrete Driveway
333
SF
$2.50
$832.50
4 Install Handicap Ramp
109
SF
$3.50
$381.50
5 Sanitary Service Line
1
EA
$575.00
$575.00
6 Water Service Line
1
EA
$480.00
$480.00
7 8" Water Line Extension
144
LF
$29.22
$4,207.68
8 Asphalt removal
99
SY
$15.75
$1,559.25
9 Asphalt Patch (6" thick; Tucci & Prairie)
99
SY
$16.80
$1,663.20
10 Concrete Drainage Pan
954
SF
$3.80
$3,625.20
11 Driveway (6' concrete)
136
SF
$3.20
$435.20
12 Concrete pan
1
EA
$150.00
$150.00
13 Sidewalk drain
I
EA
$190.00
MOM
SUB -TOTAL
Misc. Cont. @ 15%
GRAND TOTAL
Prepared By:
Date: 9/2/97
Checked By: Charles DiDomenico Date: 92/97
Firm: Mangini & Associates, Inc.
Reviewed By:
6H
,(Ct-A
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$15,492.73
$2,323.91
517,81664
Triple G Subdivision 09-Sep-97
96546EXB. W BI Job No. 96 -546 -00
Reception 1198357
12/24/1997
NOTICE OF SHALLOW SANITARY SEWER SERVICE LINES
TRIPLE G SUBDIVISION
Notice is hereby given to the owner(s) of Lot 1, Triple G Subdivision, Pueblo County, Colorado, and
their heirs, personal representatives, successors and assigns, that sanitary sewer service to Lot 1 may
require a pumping system due to the elevation of the sanitary sewer line(s) in the street or public
right -of -way.
This notice is dated /VnVeMbe, 21 , 1997.
Triple G Investors, —�
A Colorad artnership
Richard E. Gram
By /(r Ra o. ego
Address: 2648 Santa Fe Drive #8
Pueblo, CO 81006
STATE OF COLORADO)
) ss
COUNTY OF PUEBLO )
The foregoing instrument was acknowledge before me on ^ 7 ! 57 , 1997,
by Richard E. Gram and Randolf M. Gregory, Triple G Investors, A Colorado Partnership.
Witness my hand and seal.
My commission expires: RFF
Notary Pu>hc