HomeMy WebLinkAbout06298Reception 1214506
04/17/1998
ORDINANCE NO. 6298
AN ORDINANCE APPROVING THE PLAT OF SOUTHGATE
SUBDIVISION
BE ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that
SECTION 1.
The final plat of Southgate Subdivision, being a subdivision of land legally described
as follows:
A portion of the SW 1/4 of Section 13, the SE 1/4 of Section 14, the NE 1/4
of Section 23 and the NW 1/4 of Section 24, Township 21 South, Range 65 West
of the Sixth Principal Meridian, being more particularly described as follows:
Beginning at a point on the Northwesterly right of way line of Interstate
No. 25 from which the point of tangency on the centerline of Greenhorn
Drive southwest of Monarch Lane bears S 15 °21'59" W (bearings based
on the Centerline of Greenhorn Drive from the point of tangency south-
west of Monarch Lane to the point of curve Northeast of said Monarch
Lane monumented on each end with a concrete monumented with a lead
and brass tack in a cast iron range box to bear N 37 °28'11" E as established
on the recorded plat of Minnequa Industrial Bank First Filing according
to the recorded plat thereof filed for record January 9, 1974 in Book 1770
at Page 252 -253 the records of the Pueblo County Clerk and Recorder)
a distance of 1185.06 feet; thence S 48 °45'11" W, along said northwesterly
right of way line a distance of 294.22 feet; thence S 89 °10'11" W, a
distance of 169.52 feet to a point on the proposed easterly right -of -way
line of Lake Avenue; thence northerly along said easterly right of way
the following four (4) courses:
1) N 27 °06'36" E., a distance of 184.41 feet;
2) Along the arc of a curve to the left having a central angle of 14 °33'47"
a radius of 1850.00 feet a distance of 470.22 feet;
3) Along the arc of a curve to the left whose center bears N 77 °27'11 "W
and having a central angle of 5 °43'10" and a radius of 2550.00 feet a
distance of 254.54 feet;
4) Along the arc of a curve to the left whose center bears N 83° 10'21 W
and having a central angle of 5 °46'09 ". and a radius of 5050.00 feet, a
distance of 508.49 feet;
thence N 44 °48'20" E., a distance of 100.41 feet, thence N 88 °58'41" E.,
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a distance of 22.03 feet, thence along the arc of a curve to the right whose
center bears S 01'01'19" E and having a central angle of 44 °46'30" and a
raduis of 847.50 feet a distance of 662.30 feet; thence S 46'14'49" E, a
distance of 84.61 feet, thence S 6 °57'49" E., a distance of 135.04 feet,
thence S 31 °32'26" W, a distance of 496.41 feet, thence S 48 °45'11" W,
a distance of 587.81 feet to the point of beginning, Pueblo County,
Colorado. Total Subdivision acreage 17.65 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.
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 improvements or other work or improvements required thereby. Nothing
in this ordinance or in the City's subdivisiof 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 liabilities 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.
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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 afer written notice of such rescission and repeal is given to the Subdividor. No
vested rights shall accrue to the subdivision or be acquired until this Ordinance or the final
subdivision plat becomes effective.
y tt a a C'
l r: dr ,�
AT
ity Clerk
INTRODUCED February 23 , 1998
BY John Verna
Councilmember
I '�/'
APPROVED �WX'61'
President o the C ncil
2/13/98
Reception 1214508
04/17/1998
SUBDIVISION I'N1PRON AGREEMENT
THIS AGREEMENT is made on /d
PUEBLO, a Municipal Corporation'( "City "), and
("Subdivider ").
RECITALS:
betv. the CITY OF
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 I
( REAS, the Subdivider, as a condition of approval of the final plat of h T�
T i Subdivision ( "), wishl to
enter into this ubdivisi n 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 (n 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
to complete all Required Public Improvements by Subdivider or subsequent owner
expires. Such deposit or escrow agreement shall be referred to as the "deposit ".
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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 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 except the terms of Paragraph
7 below.
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
2
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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 «citing 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.
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.
3
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11. If the Required Public Improvements are for a commercial subdivision and include
stormwater drainage, stormwater detention facility, and /or associated improvements
and revegetation (the "facilities ") located in easements 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. 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,
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.
0
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(SEAL)
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
C ow(amc� e covo.
Subdivider
By.
I
The foregoing ins was acknowledged before me on I o� { 1
ri , ,
by 0) D�'Yl 2 ez nor , Subdivider.
My commission expires:
: � �• t �..� �
�4 Cot Z - -
4 rt} Cler n
ST 'EPIs COLORADO )
COUNTY OF COLORADO )
Notary Public
CITY F PUEBLO, a M ui ipal Corporation
By:
'2%(,��
President of V"'Coi4il
The foregoing in trument was acknowledged before me on `f /s
by as President of City Council, and
tC as City Clerk of the City of Pueblo, Colorado.
commission expires: - Y)
oZ
PV a 1.y = Nota ublic
(SEAL)
APPROVED AS TO FORM:
-)" �---
City Attorney -
1 111111 IIIII 111111111111111111111 111111 iii 111111111 iii
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Subdivision Improvement Agreement Exhibit "B"
Carl & Todd Pasquin
Southgate Phase I Subdivision
Mangini & Associates, Inc. Job Number 96- 062 -00
Construc L AKE AVE. (WEST)
Cost For Improvements To Be
...................... --............................. ............................... ..................
Vern Number Item 'To tal (uairurh t,riit Lgirt Cast 1 , 0U.11 C OSI
1
Excavation/Import
1,700
CY
$3.00
$5,100
2
Paving 3" Asph. on 6" Base
1,200
SY
$11.00
$13,200
3
Paving 2" Asphalt Overlay
5,220
SY
$11.00
$57,420
4
Asphalt Removal
1,000
SY
$21.00
$21,000
5
Sanitary Sewer - 8"
730
LF
$22.00
$16,060
6
4' Sanitary Sewer Manhole
4
EA
$1,400.00
$5,600
7
Type II Conc. Curb & Gutter
1,597
LF
$7.80
$12,457
8
Rip -Rap Pad
30
CY
$50.00
$1,500
9
7" Reinforced Concrete
1,030.00
SF
$3.80
$3,914
10
Grading
0.94
AC
$16,000.00
$15,040
11
Planting & Vegetation
0.94
AC
$12,000.00
$11,280
SUB -TOTAL
Miscellaneous Contingencies @ 15%
GRAND TOTAL
$162,571
$24,386
$186,956
SOUTHGATE SUBDIVISION Page 1 of 5 31- Mar -98
PASQUIN.WB1
111111111111111111111111111111111111111111111111111111
1214508 04/17/1998 12:55P 83111 P452 SUB AG
7 of 11 R 56.00 D 0.00 Pueblo Cty Clk 8 Rec.
Subdivision Improvement Agreement Exhibit "B"
Carl & Todd Pasquin
Southgate Phase I Subdivision
Mangim & Associates, Inc. Job Number 96- 062 -00
Constructed L AKE AVE. (EAST)
f
� .. .. . ... . . . ....
r.lFo u Improvement To Be ........ Item .......... . . .... ... ........ ... .. ... Totl uantt��-- -...._ t ::......................... ....
' ' ' illt t��illll' Cost Ut�91 � �, Uhl
..
1
Excavation/Import
3,300
CY
$3.00
$9,900
2
Paving 3" Asph. on 6" Base
2,170
SY
$11.00
$23,870
3
Paving 2" Asphalt Overlay
8,300
SY
$11.00
$91,300
4
Asphalt Removal
2,170
SY
$21.00
$45,570
5
Type H Conc. Curb & Gutter
1,701
LF
$7.80
$13,268
6
6" Concrete
10,206
SF
$3.20
$32,659
7
Handicap Ramps
880
SF
$3.50
$3,080
8
8" & 16" Water Main
1,000
LF
$28.00
$28,000
9
Fire Hydrant Assembly
2
EA
$1,800.00
$3,600
10
Monument Boxes
7
EA
$450.00
$3,150
11
Manhole - 60" dia.
1
EA
$1,600.00
$1,600
12
30" Storm Sewer Pipe
219
LF
$36.00
$7,884
SUB -TOTAL
Miscellaneous Contingencies @ 15%
GRAND TOTAL
$263,881
$39,582
$303,463
SOUTHGATE SUBDIVISION Page 2 of 5 31- Mar -98
PASQUIN.WB1
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AG
8 of 11
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Rec.
Subdivision Improvement Agreement Exhibit "B"
Carl & Todd Pasquin
Southgate Phase I Subdivision
Mangim & Associates, Inc. Job Number 96- 062 -00
C ost Fo
Improvements To Be Constructed SOU THGATE PL.
. .. ........
.. ... . ...........
--
hein Nuriiher Item #'atal C�uat7titr C: rtrt
L Init Cost 1'(4,11 Cost
1
Excavation/Import
35,000
CY
$3.00
$105,000
2
Paving 3" Asph. on 6" Base
2,495
SY
$11.00
$27,445
5
Sanitary Sewer - 8"
576
LF
$22.00
$12,672
6
4' Sanitary Sewer Manhole
3
EA
$1,400.00
$4,200
7
Sewer Service Line - 60' ROW
5
EA
$575.00
$2,875
8
6" Std. Concrete Curb & Gutter
1,052
LF
$7.80
$8,206
9
6" Concrete
7,290
SF
$3.20
$23,328
10
Handicap Ramps
220
SF
$3.50
$770
11
8" & 16" Water Main
550
LF
$28.00
$15,400
12
Fire Hydrant Assembly
2
EA
$1,800.00
$3,600
13
Water Service Line - 60' ROW
5
EA
$480.00
$2,400
14
Monument Boxes
3
EA
$450.00
$1,350
15
Street Lights
2
EA
$1,075.00
$2,150
16
Manhole - 60" dia.
2
EA
$1,600.00
$3,200
17
Manhole - 72" dia.
2
EA
$2,000.00
$4,000
18
18" Storm Sewer Pipe
26
LF
$29.00
$754
19
24" Storm Sewer Pipe
313
LF
$36.00
$11,268
20
29 "x45" Storm Sewer Pipe
125
LF
$58.00
$7,250
21
34 "x53" Storm Sewer Pipe
174
LF
$65.00
$11,310
22
38 "x60" Storm Sewer Pipe
238
LF
$73.00
$17,374
23
4' Type "S" Inlet
1
EA
$1,800.00
$1,800
24
6' Type "S" Inlet
1
EA
$2,200.00
$2,200
25
8' Type "S" Inlet
1
EA
$2,600.00
$2,600
26
Type III Manhole
3
EA
$3,000.00
$9,000
27
Outlet Box
1
EA
$3,000.00
$3,000
28
RipRap
10
CY
50.00
$500
29
Detention Pond Seeding
0.92
AC
12,000.00
$11,040
SUB -TOTAL
$294,692
Miscellaneous Contingencies @
15%
$44,204
GRAND TOTAL
$338,895
SOUTHGATE SUBDIVISION Page
3 of 5
31- Mar -98
PASQUIN.WB1
111 1111111111111111111111111111111111111111111 IN III
1214508 04/17/1998 12:55P 83111 P454 SUB AG
9 of 11 R 56.00 D 0.00 Pueblo Cty Clk & Rec.
Subdivision Improvement Agreement Exhibit "B"
Carl & Todd Pasquin
Southgate Phase I Subdivision
Mangini & Associates, Inc. Job Number 96- 062 -00
Cost F or Improvements To Be Constructed: GATEWAY DR.
Itein titan be lreni 'Total t7ua11tirc l.tan 1;1111 ost .1 - 0.1al c (Al
1
Excavation/Import
50,000
CY
$3.00
$150,000
2
Paving 3" Asph. on 6" Base
4,375
SY
$11.00
$48,125
5
Sanitary Sewer - 8"
921
LF
$22.00
$20,262
6
4' Sanitary Sewer Manhole
2
EA
$1,400.00
$2,800
7
Sewer Service Line - 60' ROW
7
EA
$575.00
$4,025
8
6" Std. Concrete Curb & Gutter
1,520
LF
$7.80
$11,856
9
6" Concrete
13,200
SF
$3.20
$42,240
10
8" & 16" Water Main
910
LF
$28.00
$25,480
11
Fire Hydrant Assembly
1
EA
$1,800.00
$1,800
12
Water Service Line - 60' ROW
7
EA
$480.00
$3,360
13
Monument Boxes
3
EA
$450.00
$1,350
14
Street Lights
2
EA
$1,075.00
$2,150
15
Manhole - 60" dia.
2
EA
$1,600.00
$3,200
16
18" Storm Sewer Pipe
33
LF
$29.00
$957
17
24" Storm Sewer Pipe
821
LF
$36.00
$29,556
18
36" Storm Sewer Pipe
5
LF
$58.00
$290
19
34 "x53" Storm Sewer Pipe
386
LF
$65.00
$25,090
20
4' Type "S" Inlet
1
EA
$1,800.00
$1,800
21
16' Type "S" Inlet
1
EA
$4,200.00
$4,200
22
Type III MH
1
EA
$3,000.00
$3,000
SUB -TOTAL
Miscellaneous Contingencies @ 15%
GRAND TOTAL
$381,541
$57,231
$438,772
SOUTHGATE SUBDIVISION Page 4 of 5 31- Mar -98
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10 of 11 R 56.00 D 0.00 Pueblo Cty Clk & Rec.
Subdivision Improvement Agreement Exhibit "B"
Carl & Todd Pasquin
Southgate Phase I Subdivision
Mangini & Associates. Inc. Job Number 96- 062 -00
Cost For Im rovenlents To Be Constructed: PROJECT TOTALS
:.;• 7t�nx: 1'! d' umb�::.;:.; :.::.::.:::::.::.::.::.::.::.:;;:;:•: �;:.;:.;:.:;.;:.;:.;:.;:.;:.;:. ;:.;: »:• >:•::•::• >:• >:. >:;:�`.v tat... at�1t..::::::::::::::::::::: :::.#.Unix.�: fast ::::::::::.'•t'vEl }#.•.C�t:...
1
Excavation/Import
90,000
CY
$3.00
$270,000
2
Paving 3" Asph. on 6" Base
10,240
SY
$11.00
$111640
3
Paving 2" Asphalt Overlay
13,520
SY
$11.00
$148.720
4
Asphalt Removal
3,170
SY
$21.00
$66,570
5
Sanitary Sewer - 8"
2,227
LF
$22.00
$48,994
6
4' Sanitary Sewer Manhole
9
EA
$1,400.00
$12,600
7
Sewer Service Line - 60' ROW
12
EA
$575.00
$6,900
8
'Type II Cone. Curb & Gutter
3,298
LF
$7.80
$25.724
9
6" Std. Concrete Curb & Gutter
2,572
LF
$7.80
$20,062
10
6" Concrete
30,696
SF
$3.20
$98,227
11
8" & 16" Water Main
2,460
LF
$28.00
$68,880
12
Fire Hydrant Assembly
5
EA
$1,800.00
$9,000
13
Water Service Line - 60' ROW
12
EA
$480.00
$5,760
14
Monument Boxes
13
EA
$450.00
$5,850
15
Street Lights
4
EA
$1,075.00
$4,300
16
Manhole - 60" dia.
5
EA
$1,600.00
$8,000
17
Manhole - 72" dia.
2
EA
$2,000.00
$4,000
18
18" Storm Sewer Pipe
59
LF
$29.00
$1,711
19
24" Storm Sewer Pipe
1,134
LF
$36.00
$40,824
20
30" Storm Sewer Pipe
219
LF
$36.00
$7,884
21
36" Storm Sewer Pipe
5
LF
$58.00
$290
22
29 "x45" Storm Sewer Pipe
125
LF
$58.00
$7,250
23
34 "x53" Storm Sewer Pipe
560
LF
$65.00
$36,400
24
38 "x60" Storm Sewer Pipe
238
LF
$73.00
$17374
25
4' Type "S" Inlet
2
EA
$1,800.00
$3,600
26
6' Type "S" Inlet
1
EA
$2,200.00
$2,200
27
8' Type "S" Inlet
1
EA
$2,600.00
$2,600
28
16' Type "S" Inlet
1
EA
$4,200.00
$4,200
29
Rip -Rap Pad
40
CY
$50.00
$2,000
30
Grading
0.94
AC
$16,000.00
$15,040
31
Planting & Vegetation
0.94
AC
$12,000.00
$11,280
32
7" Reinforced Concrete
1030
SF
$3.80
$3,914
33
Handicap Ramps
1100
SF
$3.50
$3,850
34
Type III Manhole
4
EA
$3,000.00
$12,000
35
Outlet Box
1
EA
$3,000.00
$3,000
36
Detention Pond Seeding
0.92
AC
$12,000.00
$11,040
SUB -TOTAL $1,102,684
Miscellaneous Contingencies @ 15% $165,403
GRAND TOTAL $1,268,087
Prepared By: Stephen Dear Date: 02/27/98
Checked By: Charles DiDomenico Date: 02/27/98
Firm: Mangini & / Associates Inc. ,l
Reviewed By: fir . 0 . 0 / Date:
City_ of Pueblo
SOUTHGATE SUBDIVISION Page 5 of 5
PASQUIN WB1
31- Mar -98
1 HIM i i
1214508 04/17/1998 12:55P 83111 P456 SUB AG
it of 11 R 56.00 D 0.00 Pueblo Cty Clk & Rec.
SUBDIVISION IMPROVEMENT AGRF.F.MENT ADDENDUM
EXHIBIT "B"
SUBDIVISION NAME: Southgate Subdivision Off -site Drainage Improvements
DEVELOPER: Todd Pasquin
ENGINEER: JR Engineering, Ltd.
1. Channel cleanout and regrading 1500 L.F. $10 /L.F. $ 11,500.00
(Includes re- establishment of vegetation)
2. 36" C.M.P. storm crossings (3) 200 L.F. $30 /L.F. $ 6,000.00
3. Asphalt replacement at the driveway 1 Lump Sum $ 4,000.00
entrance and two side street entrances
onto Pueblo Boulevard
4. Traffic control (along Pueblo Boulevard) 1 Lump Sum $ 1,000.00
5. Sign relocations (where required) 1 Lump Sum $ 700.00
TOTAL S 23.200.00
This is an estimate only. Actual construction costs may vary. This estimate may not include all
construction costs.
PREPARED BY: Marc A. Whorton, E.I. DATE: May 13,1997
FIRM: JR Engineering, Ltd.
REVIEWED BY: ail -414 0- �1� DATE: 3 /F /�j
'fe A4 City of Pueblo
1cw /889300 1subdagr2irm
Reception 1214509
04/17/1998
EASEMENT AGREEMENT
THIS EASEMENT is granted ;2 a , 1997, by !! e&e4 c 6
As-- �„ #,r ) . ( Grantor) to Pueblo, a
Municipal Corporation, 1 City Hall Place, Pueblo, Colorado ( Grantee ).
WITNESSETH
1. In consideration of Ten Dollars ( $10.00 ) and other good and valuable
consideration, the receipt and sufficiency of which is acknowledged by
Grantor, Grantor grants and conveys to Grantee, its successors and
assigns, an easement and right -of -way in perpetuity for a public sidewalk,
public utilities, traffic control devices and signage and drainage channel,
drainage culverts and appurtenances, upon, over, under and across the real
property ( the Easement ) located in Pueblo, Colorado, and described as
follows:
EASEMENT
LEGAL DESCRIPTION
TWO (2) EASEMENTS HEREIN REFERRED TO AS PARCELS A AND B, AND
BEING A PORTION OF LOT 1 AND LOT 8 BLOCK 2 OF LAKE GARDENS
SUBDIVISION SECOND FILING AS RECORDED IN BOOK 9 AT PAGE 29 OF
THE RECORDS OF THE CITY OF PUEBLO, PUEBLO COUNTY, STATE OF
COLORADO.
BASIS OF BEARING: THE PLAT OF LAKE.GARDENS SUBDIVISION AS
RECORDED IN BOOK 9 AT PAGE 29, CITY OF
PUEBLO, COUNTY OF PUEBLO, STATE OF
COLORADO.
PARCEL "A"
COMMENCING AT THE NORTHEAST CORNER OF LOT 8, BLOCK 1, LAKE
GARDENS SUBDIVISION, THENCE S00 °00'00" W, A DISTANCE OF 54.00
FEET; THENCE N90 0 00'00 "W, A DISTANCE OF 198.80 FEET TO THE POINT
OF BEGINNING; THENCE S00 °00'00 "W, A DISTANCE OF 14.00 FEET;
THENCE N90 0 00'00 "W, A DISTANCE OF 428.20 FEET; THENCE N00 °00'00" E,
A DISTANCE OF 14.00 FEET; THENCE S90 0 00'00 "E, A DISTANCE OF 428.20
FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 2783.200 SQUARE FEET.
1111111111111111111111111111111111111111111111111111111
1214509 04/17/1998 12:55P B3111 P458 EASE
PARCEL "B" 2 of 4 R 21.00 D 0.00 Pueblo Cty Clk & Rec.
BEGINNING AT THE NORTHWEST CORNER OF LOT 8, BLOCK 1, LAKE
GARDENS SUBDIVISION, THENCE S00 °00'00" W, A DISTANCE OF 14.00
FEET; THENCE N90 0 00'00 "W, A DISTANCE OF 30.00 FEET; THENCE
N00 °00'00 "E, A DISTANCE OF 14.00 FEET; THENCE S90 0 00'00 "E, A
DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 420.000 SQUARE FEET.
(SEE ATTACHED EXHIBIT B)
2. Grantor reserves the right to use the property for purposes not inconsistent
with the rights granted in this Agreement, provided Grantor shall not erect
or place any structures, buildings, or fences, on the Easement and Grantee
shall not be liable for their removal if they are so placed.
3. Grantor covenants that it or its successors or assigns, will continuously
maintain this easement except for the traffic control devices and signage,
and the utility lines which Grantee, or the appropriate utility company,
will maintain.
4. Grantor covenants and warrants that Grantor is the owner in fee of the
property, containing the Easement, has full and lawful right to convey the
Easement, and the property containing the Easement is free of all liens and
encumbrances except mortgages or deeds of trust in favor of
who has consented to the granting of this easement.
Grantor grants to Grantee the right to permit other public entities or utility
companies to use the Easement jointly with the Grantee for utility
purposes.
6. This easement shall run with the land and be binding upon and inure to the
benefit of the Grantee and Grantor and their respective successors and
assigns. The singular includes the plural and masculine includes the
feminine and neuter.
2
1 IN 1111
STATE OF 1214509 04/17/1998 12:55P 83111 P459 EASE
3 of 4 R 21.00 D 0.00 Pueblo Cty Clk 8 Rec.
COUNTY OF � ��, � ���., U .)
The foregoing instrument was acknowledged before me on the v day
of j /�% , 1997, by 6c :ezej /f�E.yv L s S`UC . . - L/y c
( Grantor ).
, .jW'v!jVitpess
EE N t�� •..
: .1 1060,TJONN
sr•.pUsL�G:°
my hand and official seal.
expires: Z- .:� :, - ;?- 0 ,n6
�r
Notary Public
Engineering, Ltd EASEMENTS
i ]'?t 4935 North 30th Street EXHIBIT B
s, Colorado 80919 JOB N 4009
Colorado
(719) 593 • FAX 719) 528 -6613 PAGE 1 OF 1
( 9/10/97
1
1214509 04/17/1998 12:55P B3111 P460 EASE
4 of 4 R 21.00 D 0.00 Pueblo Cty Clk & Rec. AaN�T�
PUEBLO BLVD. (120' R.O.W.)
LOT 1,
BLOCK 2
LOT 8, BLOCK 2
Q
PARCEL 'A'
100' 50' 0 100'
w
Q
J
200'
-- .. - .„ 4^^9
Reception 1214510
04/17/1998
DECLARATION OF COVENANTS CONCERNING
V OL 1A61 EASEMENTS FOR
(type of s ment)
01 - f �e Ff k Ne),
name of subdivision)
THIS DECL.AR.ATION OF COQ "ENA\TS is made as of C 195 by
herein the "Declarant "
DEFINTTIONS
"Easement" means and includes the land shown and dedicated on the plat of the Subdivision,
or otherwise C7ranted or dedicated in or outside of the Subdivision. for drainage, detention, streets,
sidewalks, and utility purposes that serve or benefit the Subdivision. Easements granted or
dedicated outside of the Subdivision are described in the attached Exhibits ( "B ", "C ").
"Facilitie " means and includes 4 ,?Cl l �' rit Ovt 00 A a vi
S_�o �(M u�a ✓ a �, a n e p r',aP S 'located in an Easement.
"Lot" means a lot or other designated parcel of land within the Subdivision other than
Easements.
"Lot Owner" means and includes all persons and entities having any right, title or interest
in and to a Lot, or any part thereof.
"Subdivision" means the �ce a `� 91L Eli ��(V� Sc 0✓( , �` 11 - /Jo. 1
"Subject Property" means the real property located in Pueblo County, Colorado and
described in the attached Exhibit "A ".
RECITALS
A. Declarant is the record owner of, and has fee simple title to the Subject Property.
' insert name and address of property owners
I describe all improvements, the repair, maintenance and replacement of which are not
the obligation of the City nor anv provider of utility services
3 insert name of subdivision
CA 12 -3 -97
111111111111111111111111111111111111111111111111111 IN
1214510 04/17/1998 12:55P 83111 P462 DEC C
2 of 3 R 16.00 D 0.00 Pueblo Ct.y Clk & Rec.
B. Declarant intends to or has subdivided the Subject Property and platted the Subject
Property as the Subdivision.
C. Declarant desires to provide for the orderly development of the Subdivision and to
insure the proper installation, maintenance and repair of the Easements and Facilities.
NOW, THEREFORE, Declarant declares that the Subject Property and all Lots within the
Subdivision shall be held, transferred, sold. convey_ ed, occupied and used subject to the following
covenants, conditions and restrictions:
1. Purpose The purpose of the covenants and provisions of this Declaration of
Covenants is to insure the proper and orderly development of the Subject Property and to provide
a reasonable method to maintain and repair the Easements and Facilities to the benefit of all the Lots
within the Subdivision.
?. Covenants
(a) Declarant shall install the Easements and Facilities in accordance with plans
and specifications therefor approved by, and on file .vith the City of Pueblo. Declarant shall record
this Declaration of Covenants in the office of the Pueblo County Clerk and Recorder
contemporaneously with but immediately after the recording of the plat of the Subdivision.
(b) Each Lot Owner shall be primarily responsible for maintaining the Facilities
in good working order and condition and for the repair and replacement of the Facilities located in
an Easement on or adjacent to such Lot O%vner's Lot; provided, however, that all Lot Owners shall
be jointly and severally liable for maintaining the Facilities in good workinL order and condition
and for the repair and replacement of the Facilities.
(c) The City of Pueblo is granted the right at its option (but not the obligation)
to inspect, control. repair, maintain and replace the Facilities and to recover all cost and expenses
thereof plus an administrative charge of 15 1 /0' from the Lot O"yners. All such City's cost and
administrative charge shall become a perpetual lien on all the Lots within the Subdivision upon
recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth
City's cost and describing the Lots signed by the City's Director of Public Works. Failure of the
Citv to inspect, control. repair, maintain or replace the Facilities shall not subject the City of Pueblo
to any liability for such failure.
3. Binding, Effect Each of the covenants and provisions of this Declaration of
Covenants shall run with the Subject Property and Lots xyithin the Subdivision, and shall forever
be binding upon and inure to the benefit of all Lot Owners and their respective heirs, personal
representatives, successors and assigns.
4. Enforcement
(a) The covenants and provisions of this Declaration of Covenants shall be
-I)-
111111 IIIII IIIII IIIII IIIII 111111111111 III IIIII III IIII
1214510 04/17/1998 12:55P B3111 P463 DEC I
3 of 3 R 16.00 D 0.00 Pueblo Cty Clk & Rec.
enforceable at la%v or in equity by any Lot O«ner or the City of Pueblo a_ainst any person or entity
violatin -g. attempting to violate, or not complying with any of the covenants and provisions of this
Declaration of Covenants.
(b) Failure of any Lot Owner or the Cite of Pue' ^lo to enforce any of the
covenants or provisions of this Declaration of Covenants shall in no event constitute or be deemed
to constitute a waiver of the ri,ht to do so thereafter, and shall not subject any Lot O,..vner or the Cite
of Pueblo to anv liability for failure to enforce.
(c) The enforcing party may seek and recover damages or injunctive relief. or
both. In the event of any action or litivation arising out of or to enforce this Declaration of
Covenants, the Court shall award the prevailing party its costs and expenses including reasonable
attorney fees. Venue for any such action shall be in the District Court In And For The County of
Pueblo. State of Colorado and, for purposes thereof, Declarant and all Lot Owners agree to submit
to the jurisdiction of that Court.
4. Survival Invalidation of any one of the covenants or provisions of this Declaration
of Covenants whether by final judgment or court order shall not affect any of the remaining
covenants or provisions. which shall remain in full force and effect.
6. Modification Neither this Declaration of Covenants nor any of the provisions hereof
may be cancelled- terminated, amended or modified without the prior %vritten consent of all the Lot
Owners and the Cite of Pueblo.
?. Applicable Law This Declaration of Covenants shall be construed, interpreted and
enforced in accordance with the laws of the State of Colorado.
Executed the day and year first above written.
ecla ran
t
COL�T1' OF PUEBLO )
STATE OF COLORADO ) ss.
Th fore o' ins rumen was acknowledged before me this �� day of
l � _ M CIA / 0 1)(0.
Witness my hand and official seal.
My commission expires: _
aT
�� �% q Public