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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., 1111111111111111111111111111111111111111111111111111111 IN 1214506 04/17/1998 12:55P 83111 P443 ORD 2 of 3 R 16.00 D 0.00 Pueblo Cty Clk & Rae. 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. 111111111111111111111111111111111111111111111111111111111111 IN 1214506 04/17/1998 12:55P 83111 P444 ORD 3 of 3 R 16.00 D 0.00 Pueblo Cty Clk 8 Rec. 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 ". 1 1214508 04/17/1998 12:55P 83111 P447 SUB A 2 of 11 R 56.00 D 0.00 Pueblo Cl.y Clk & Rec. 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 1 1214508 04/17/1998 12:55P 83111 P448 SUB AG 3 of 11 R 56.00 D 0.00 Pueblo Cty Clk & Rec. 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 1 111111 IIIII IIIII IIIII 11111 111111 111111 iii 1111111111111 1214508 04/17/1998 12:55P 83111 P449 SUB AG 4 of 11 R 56.00 D 0.00 Pueblo Cty Clk & Rec. 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 I IIIIII IIIII IIIII IIIII IIIII IIIIII IiIIII III IIIII 11ii III 1214508 04/17/1998 12:55P B3111 P450 SUB AG 5 of 11 R 56.00 D 0.00 Pueblo Cty Clk & Rec. (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 1214508 04/17/1998 12:55P B3111 P451 SUB AG 6 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 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 1 1 1214508 04/17/1998 12:55P 83111 P453 SUB AG 8 of 11 R 56.00 D 0.00 Pueblo Ct.y Clk 8 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 PASQUIN.WB1 1 I N 1214508 04/17/1998 12.55P B3111 P455 SU AG 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