HomeMy WebLinkAbout06347Reception 1271380
04/02/1999
ORDINANCE NO. 6347
AN ORDINANCE APPROVING THE PLAT OF SPRADLEY SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Spradley Subdivision, being a subdivision of land legally
legally described as:
A parcel of land in the SE 1/4 of the NW 1/4 and the NE 1/4 of the
SW 1/4 of Section 14, Township 20 South, Range 65 West of the 6th
P.M. and being more particularly described as follows:
Considering the West line of said NW 1/4 of said Section 14, Township
20 South, Range 65 West of the 6th P.M. to bear N.01' 10'00 "W. and
all bearings contained herein being relative thereto.
Beginning at the Northwest corner of Warehouses, Inc. Subdivision,
according to the recorded plat thereof, filed for record March 15, 1978;
thence S 01'20'05" E., along the West boundary line of said Subdivision,
a distance of 830.99 feet (North, 831.34 feet, plat) to the Southwest corner
thereof; thence S.89 °15'02 "W., a distance of 494.21 feet; thence N. 01°04'
43" W., a distance of 438.99 feet to the Southeast corner of a tract of land
conveyed by deed recorded in Book 1078 at Page 302 of the Pueblo County
records; thence continuing N. 01'04'43" W., along the East line of said
tract of land, a distance of 489.37 feet to the South line of the right -of -way
of U.S. Highway No. 50 West, as presently located; thence S.79° 31'51" E.,
along said South right -of -way line, a distance of 500.62 feet to the Point
of Beginning, containing 9.941 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 easements,
public sites, parks and open spaces by the City does not obligate the City to maintain or repair
same until such streets, rights -of -way, utility and drainage easements, public sites, parks and
and open spaces have been constructed and installed in compliance and in accordance with the
requirements and provisions of Chapter 4, Title XII of the 1971 Code of Ordinances, as amended
and any agreement entered into pursuant thereto.
SECTION 3.
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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 improvement or other work or improvements required thereby. Nothing
in this ordinance or in the City's subdivision 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 liability 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.
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 after written notice of such rescission and repeal is given to the Subdivider. No
vested rights shall accrue to the subdivision or be acquired until this Ordinance or the final
subdivision plat becomes effective.
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P IT 8 coy j r3
1
INTRODUCED August 10, 1998
Lm
John Verna
City Clerk
Councilmember
APPROVED 1
President 6 the ouncil
7/27/98
Reception 1271382
04/02/1999
RATIFICATION OF PLAT
FOR VALUE RECEIVED, the SPRADLEY GROUP, L.L.C., a Colorado limited liability
company, being the owner of the subject property as conveyed by deed recorded on December
28, 1998 at Reception No. 1255564 of the records of Pueblo County, Colorado, does hereby
ratify and consent to the subdivision of the land platted as SPRADLEY SUBDIVISION shown
on the Subdivision Plat recorded at Reception No. of the records of
Pueblo County, Colorado, and confirms and joins in the dedication of all streets, easements, rights
of way and access restrictions shown thereon and subordinates its interest in the property
described in this Subdivision Plat to any Subdivision Improvements Agreement between the
Subdivider and the City of Pueblo executed in conjunction therewith.
Signed thi day of , ' 1999.
SPRADLEY GROUP, L.L.C.
A Colorado limited liability company
By By: . .
Dale E. Spradley L pradley
Title: I e s Title: e e„ 17T &as
;i ! WK r
r
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument wps acknowledged be fore me by Dale E. Spradley, Larry Spradley, and
Lynn Spradley this day of - L F — , , 9 � , 1999.
My Commission expires c �? f � /.2 a<. P
Notary Public
Reception 1271383
04/02/1999
RATIFICATION OF PLAT
FOR VALUE RECEIVED, The Pueblo Bank & Trust Company, being the owner of
indebtedness secured by a deed of trust recorded January 26, 1998 in Book 3077
at Page 984, does hereby ratify and consent to the subdivision of the land
platted as SPRADLEY SUBDIVISION shown on the Subdivision Plat recorded at
Reception No. of the records of Pueblo County,
Colorado, and confirms and joins in the dedication of all streets, easements,
rights of way and access restrictions shown thereon and subordinates its interest
in the property described in this Subdivision Plat to any Subdivision
Improvements Agreement between the Subdivider and the City of Pueblo
executed in conjunction therewith.
Signed this << day of 5A1 ' 1999.
THE PUEBLO BANK & TRUST COMPANY
By: �L`'� ----
Title: S E t�' ( cl e- Vice Pe-es ( oE^ 1
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me by
this q f' day of
1999.
••���4rnn,�eNN ri
{
My Commission expir es�,�� �(r1� .
Reception 1271384
04/02/1999
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on C Y)gKi1,1,aIQ� is ,� 7 , between the CITY OF
PUEBLO, a Municipal Corporation ( "City "), and
DALE SPRADLEY MOTORS PARTNERSHIP,
a Colorado General Partnership
( "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
SPRADLEY 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 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:
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.
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
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to complete ail 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 ( /z) 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.
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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
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 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
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.
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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. If the Required Public Improvements are for a commercial subdivision and include
stormwater drainage, stormwater detention facility, or maintenance and restoration
of restoration of adjacent drainage channels, and /or associated improvements and
revegetation (the "facilities "), located 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 hereto. 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,
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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.
(SEAL)
DALE SPRADLEY MOTORS
PARTNERSHIP, a Colorado General
Partnership
Subdivi
By:
Dale E. Soradlev. Partner
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on JAW u A 2 f
by Dale E. Spradley, Partner of DALE SPRADLEY MOTORS PARTNERSHIP,
a Colorado General Partnership
My commis
21 4WgPA\Z lt-A
(Q6tra►v.;'L - (a, 1310o1 i
JSEAL)
STATE OF COLORADO )
ss.
COUNTY OF COLORADO )
on \o WS - 1 � 10 f SOV -
PJ RgLi
1, V 40TAp y 9
o
KUBLIG 4��
OF OV
My Comm. Expires 7 /10/2002
, Subdivider.
Notary Public
of the Council
Corporation
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The foregoing instrument was acknowledged before me on March 25 1999
by Corinne Koehler , as President of City Council, and
Gina Dutcher as City Clerk of the City of Pueblo, Colorado.
�,.f .•;' �, commission expires: 8-21 -99
Notary Public
�F D AS TO FORM:
1'
City Attorn
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT A
A parcel of land in the SE1 /4 of the NW1 /4 and the NE1 /4 of the SW1 /4 of Section 14,
Township 20 South, Range 65 West of the 6 th P.M. and being more particularly
described as follows:
Considering the West line of said NW1 /4 of said Section 14, Township 20 South, Range
65 West of the 6 th P.M. to bear N.01 "W. and all bearings contained herein being
relative thereto.
Beginning at the Northwest corner of Warehouses, Inc. Subdivision, according to the
recorded plat thereof, filed for record March 15, 1978; thence S. 01 0 20'05 "E., along the
West boundary line of said Subdivision, a distance of 830.99 feet (North, 831.34 feet,
plat) to the Southwest corner thereof; thence S. 89 0 15'02 "W., a distance of 494.21
feet; thence N.01 0 04'43 "V1 /., a distance of 438.99 feet to the Southeast corner of a tract
of land conveyed by deed recorded in Book 1078 at Page 302 of the Pueblo County
records; thence continuing N. 01 0 04'43 "W., along the East line of said tract of land, a
distance of 489.38 feet to the South line of the right -of -way of U.S. Highway No. 50
West, as presently located; thence S.79 0 31'51 "E., along said South right -of -way line, a
distance of 500.62 feet to the Point of Beginning.
Containing 9.941 acres.
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: SPRADLEY SUBDIVISION
DEVELOPER: DALE SPRADLEY MOTORS PARTNERSHIP
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
STREETS ( KACHINA DRIVE WEST OF EASTERLY 25 '_DRAINAGE EASEMENT LINE
Asphalt (7" full depth)
1842 SY @
$14.80 /SY
$27,262
Curb and Gutter
1022 LF @
$7.80 /LF
$7,972
Square Pan Radius
4 EA @
$419.00 /EA
$1,676
Conc. Pan
1200 SF @
$3.80 /LF
$4,560
WATER
12" PVC Water Main 514 LF @ $33.28 /LF $17,106
Fire Hydrant Ass'y. 1 EA @ $1,800.00 /EA $1,800
Services 5 EA @ $480.00 /EA $2,400
SANITARY SEWER:
8" PVC Sewer Main 514 LF @ $22.00 /LF $11,308
48" Manholes 1 EA @ $1,400.00 /EA $1,400
Services 5 EA @ $575.00 /EA $2,875
STORM SEWER
30" HDPE Pipe
384 LF
@
$50.00 /LF
$19,200
24" HDPE Pipe
103 LF
@
$36.00 /LF
$3,708
18" HDPE Pipe
6 LF
@
$29.00 /LF
$174
15" HDPE Pipe
26 LF
@
$27.00 /LF
$702
Type "S" Inlet L =10'
1 EA
@
$2,600.00 /EA
$2,600
Type "S" Inlet L =6'
1 EA
@
$2,200.00 /EA
$2,200
Type 1- B Manhole
3 EA
@
$1,600.00 /EA
$4,800
Type 1 -A Manhole
1 EA
@
$1,600.00 /EA
$1,600
Handrail
1 EA
@
$500.00 /EA
$500
Sidewalk Culvert
1 EA
@
$1,000.00 /EA
$1,000
4 " -6' Wide Conc. Culvert
5.5 LF
@
$22.40 /LF
$123
STREET LIGHTS
2 EA
@
$1,300.00 /EA
$2,600
MONUMENT BOX
1 EA
@
$575.00 /EA
$575
KACHINA DRIVE SUBTOTAL
$118,140
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: SPRADLEY SUBDIVISION
DEVELOPER: DALE SPRADLEY MOTORS PARTNERSHIP/
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
STREETS ( KACHINA DRIVE EAST OF EASTERLY 25' DRAINAGE EASEMENT LINE)
Asphalt Pavement (7" Full Depth) 1334 SY @ $14.80 /SY $19,743
Curb and Gutter 763 LF @ $7.80 /LF $5,951
WATER
12" PVC Water Main
398 LF
@
$33.28 /LF
$13,245
Service
2 EA
@
$480.00 /EA
$960
Fire Hydrant Ass'y
1 EA
@
$1,800.00 /EA
$1,800
SANITARY SEWER:
8" PVC Sewer Main
4 LF
@
$22.00 /LF
$88
48" Manholes
1 EA
@
$1,400.00 /EA
$1,400
Services
1 EA
@
$575.00 /EA
$575
STREET LIGHT
1 EA
@
$1,300.00 /EA
$1,300
EARTHWORK
600 CY
@
$2.00 /CY
$1,200
MONUMENT BOX
3 EA
@
$575.00 /EA
$1,725
KACHINA DRIVE SUBTOTAL $47,988
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: SPRADLEY SUBDIVISION
DEVELOPER: DALE SPRADLEY MOTORS PARTNERSHIP
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
STREETS (HIGHWAY 50 WEST
Asphalt (6" Full Depth)
1168 SY
@
$12.90 /SY
$15,067
Curb and Gutter
563 LF
@
$7.80 /LF
$4,391
24" Dia. CMP
14 LF
@
$36.00 /LF
$504
Signage
3 EA
@
$500.00 /EA
$1,500
Remove Ex. Pavement Marking
1 LS
@
$800.00 /LS
$800
New Pavement Marking
1 LS
@
$1,200.00 /LS
$1,200
Traffic Control
1 EA
@
$3,000.00 /EA
$3,000
2" Conduit
501 LF
@
$10.00 /LF
$5,010
Pull Box
2 EA
@
$150.00 /EA
$300
4" - 10' Wide Bicycle Path
465 LF
@
$25.00 /LF
$11,625
HIGHWAY 50 SUBTOTAL
$43,398
DRAINAGE CHANNEL
Conc. Trickle Channel (4')
3988 SF
@
$2.50 /SF
$9,970
Rip Rap
38 CY
@
$50.00 /CY
$1,900
Earthwork
1400 CY
@
$2.00 /CY
$2,800
CHANNEL SUBTOTAL $14,670
SUBDIVISION GRAND TOTAL $224,196
This is an estimate only. Actual construction costs may vary.
This estimate may not include all construction costs.
PREPARED BY: A. H.
FIRM: NORTHSTAR / ENGINEERING AND SURVEYING, INC.
REVIEWED BY: 9k.
CITY OF OF PUEBLO
SSM
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