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HomeMy WebLinkAbout06265Reception 1198358 12/24/1997 ORDINANCE NO. 6265 AN ORDINANCE APPROVING THE PLAT OF EAGLE HARDWARE SUBDIVISION NO. 2 BE ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that SECTION 1. The final plat of Eagle Hardware Subdivision No. 2 being a Subdivision of land legally described as follows: Lot 1, Eagle Hardware Subdivision No. 1 as recorded in Book 2897, Page 590, Pueblo County Records, containing 5.612 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. 111111111111111111111111111111111111111111111111111 Iff 1198358 12/24/1997 08:51A 83068 P633 ORD 2 of 2 R 11.00 D 0.00 Pueblo Cty Clk & Rec. v 1 r f � ® 1_ k INTRODUCED October 14 . 1997 By Patrick Avalos Councilperson APPROVE 2,u� Preside ouncil 10/2/97 Reception 1198360 12/24/1997 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on e�nrt lro e v' 19 °ice, between the CITY OF PUEBLO, a Municipal Corporation ( "City), and A-11 t ---) i I tt . I_ _ i, n ("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 Eagle Hardware Subdivision No. 2 Subdivision ( "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(J) 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 judgment 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: 1. 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. Et 1198360 12/24/1997 08:51A 83068 P636 SUB AG 2 of 9 R 46.00 D 0.00 Pueblo Cty Clk & Rec. 2. In lieu of installing the Required Public Improvements 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 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 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 ( %) 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 2 ' I IIIIII VIII VIII IIIIII IIII IIIIIII VIII III VIII IIII IIII 1198360 12/24/1997 08:51A 83068 P637 SUB AG 3 of 9 R 46.00 D 0.00 Pueblo Cty Clk & Ree. 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 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 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. 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 the Required Public Improvements, or those improvements necessary to totally serve specific lot (s) or block(s) for which building permits or 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 3 1 1 HE 111111111111111 1198360 12/24/1997 08:51A B3068 P638 SUB AG 4 of 9 R 46.00 D 0.00 Pueblo C!y Clk 8 Rec. 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. S. 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 in cash and shall deposit the same with the Director of Finance. Such cash shall 4 1 1198360 12/24/1997 08:51A B3068 P639 SUB AG 5 of 9 R 46.00 D 0.00 Pueblo Cty Clk & Rec. 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. 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. 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. 12. 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. 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. 13. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and be signed by all parties. 14. This Agreement shall extend to and be binding upon the `1 IIIIII IIIII (IIII IIIIII IIII lHill HE III I IN 1198360 12/24/1997 08:51A 83068 P640 SUB AG F' 6 of 9 R 46.00 D 0.00 Pueblo Cty Clk & Rec. successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, 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 officers. OuPtok /",' I Subdivider (SEAL) By: STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) Tie f / oregoing instrument was acknowle��dg d before me on y► ; 2.�mmission expires �'�� �,� Notary Public (SEAL) CITY OF PUEBLO, a Municipal Corporation By: Presi nt f the Council 3 r V yarn SjjF ,b WRADO ) Cf{P3�fKzQ�P',. PUEBLO ) 1 1111111111111111111111 �►�► Ilillll 1111111111111 IN IN 1198360 12/24/1997 08:51A 83068 P641 SUB AG 7 of 9 R 46.00 0 0.00 Pueblo Cty Clk & Rec. The foregoing instrument was ac owledged b ore me on - D--C m h V- ) 9 , 1 9 97 , by ('-a4i-,Lj A. � -�-)jrojin as President of City Council, and as City Clerk of the City of Pueblo, Colorado. commission expires : 8-2149 G •,1,VD AS TO FORM: City Attoi ey N FARIWO If M2 0 'a- - M4 't 7 I I IN III 1198360 12/24/1997 08:51A B3068 P642 SUB AG 8 of 9 R 46.00 D 0.00 Pueblo Cty Clk & Rec. SUBDIVISION IMPROVEMENT AGREMENT EXHIBIT "A" LEGAL DESCRIPTION: LOT 1, AS PLATTED IN EAGLE HARDWARE SUBDIVISION NO. 1, RECORDED IN BOOK 2897 AT PAGE 590, PUEBLO COUNTY, COLORADO, BEING A PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN; BASIS OF BEARING: THE SOUTH LINE OF LOT 1 AS PLATTED IN EAGLE HARDWARE NO. 1, RECORDED IN BOOK 2897 AT PAGE 590, PUEBLO COUNTY, COLORADO, BEING MONUMENTED AT THE EASTERLY END BY A NO.5 REBAR WITH A YELLOW PLASTIC SURVEYOR'S CAP STAMPED "M & A 16128" AND AT THE WESTERLY END BY A NO.5 REBAR WITH YELLOW PLASTIC CAP STAMPED "M & A 16128 ", IS. ASSUMED TO BEAR N78 0 02'00 "W, A DISTANCE OF 582.31 FEET. CONTAINING A CALCULATED AREA OF 5.612 ACRES. 1 111111 11111 IIIII 1111111111 1111111 11111 iii 111111111 iii 1198360 12/24/1997 08:51A 83068 P643 SUB AG 9 of 9 R 46.00 D 0.00 Pueblo Cty Clk & Rec. SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" SUBDIVISION NAME Eagle Hardware Subdivision No. 2 DEVELOPER: ENGINEER JR Engineering, Ltd. MISCELLANEOUS PRIVATE SANITARY SEWER (ON -SITE) 4" PVC 75 L.F. $ 20.00 /L.F. _ $ 1,500.00 8" PVC 382 L.F. $ 22.00 /L.F. _ $ 8,404.00 48" Dia. Manhole 2 each $1,400.00 /E.A. _ $ 2,800.00 PRIVATE WATER SERVICE (ON -SITE 4" Service -Fire Service 132 L.F. $ 8.00 /L.F. _ $ 1,056.00 2" Domestic Services 2 Lump sum $1,500.00 /L.S. _ $ 3,000.00 4" Gate Valve 2 each $ 480.00 /EA. _ $ 960.00 Tap into existing 12" main 4 each $1,500.00 /EA. _ $ 6,000.00 EROSION CONTROL (ON -SITE) Mirafi 100X Silt Fence 2055 L.F. $ 2.75/L.F. _ $ 5,651.00 Straw Bale Check Dam 18 each $ 4.00 /EA. _ $ 72.00 Rip -Rap Type 1 17 C.Y. $ 50.00 /C.Y. _ $ 850.00 MISCELLANEOUS SUB -TOTAL = $30,293.00 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: Daniel L. Alonzo DATE: December 9, 1997 FIRM: JR Engineering, , / .,/ Ltd. REVIEWED BY: ` I order " DATE: \1ae \403500 \siaexhb Reception 1198361 12/24/1997 SPECIAL WARRANTY DEED THIS DEED, Made this day of 19 between Outlook Retail Center, LTC, a Colorado Limited Liability Company of the County of Pueblo and State of Colorado gramor(s), and Ravinia Ltd. Liability Company, a Colorado limited liability company ATE DOCUMENTARY FEE PUEBLO r C 1 OUNTY AD $ - t V V - - - -- ------ - - - - -- whose legal. address is 410 17th Street, Suite 1705, Denver, CO 80202 of the City and County of Denver and State of Colorado , grantee(s): WITNESSETH, That the gtantor(s), for and in consideration of the sum of TEN AND NO/ 10 0--------------- ------------------------------------------------------ DOLLARS, ($10.0a ), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Pueblo , and State of Colorado, described as follows: See Exhibit "A" attached hereto and incorporated herein. 01% also known by street and number as Vacant land, Pueblo, Colorado TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs and assigns forever. The grantor(s), for himself, his heirs and personal representatives or successors, does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. Outlook R i Cent LC, a Colorado limited liability company By: . Its Manager STATE of Cu Of—A NO ) ) 53. COUNTY OF The foregoing instrument was acknowledged before me this t 'J44% day of R i chArd. • Sap Ka'n • ; ,q P v My Commission expires:' 0/—If Zow Wi ss my hand e4officialse Z E NNE Y • 1 ( ODNE Notary Pub 'c • ti. ••• , • SPECIAL WARRANITDF.:EDppgcwt)) 4p- LV50g Y N'Ag1 File #KC51013 11111111111111111111111 IN 111111111111 MINIM[ 1198361 12/24/1997 08:51A 83068 P645 WD 2 of 2 R 11.00 D 40.00 Pueblo Cty Clk & Rec. EXHIBIT A PROPERTY Lot 1, Eagle Hardware Subdivision No. 2, Together with easement rights for private sanitary sewer purposes as dedicated on the plat of Eagle Hardware Subdivision Filing No. 2, recorded , 1997 at Reception: No. t t q - o 3 S 9 , and together with those easement rights as contained in the instruments recorded June 4, 1996 in Book 2897 at Page 576 and June 4, 1996 in Book 2897 at Page 591, County of Pueblo, State of Colorado P1F\55245\270787.01