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.
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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
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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
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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
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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
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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
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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
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SjjF ,b WRADO )
Cf{P3�fKzQ�P',. PUEBLO )
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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
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•,1,VD AS TO FORM:
City Attoi ey
N FARIWO
If M2 0 'a- - M4 't
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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.
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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
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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