HomeMy WebLinkAbout06411Reception 1306386
11/04/1999
ORDINANCE NO. 6411
AN ORDINANCE APPROVING THE PLAT OF WEST VALLEY
ESTATES SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of West Valley Estates Subdivision being a subdivision of land
legally described as:
A parcel of land in the SW 1/4 of Section 22, Township 20 South,
Range 65 West of the 6th P.M. being more particularly described
as follows:
Beginning at a point from which the SW corner of said Section 22
bears S 36 °29'22 "W (bearings based on the West line of the SW 1/4
of said Section 22, Township 20 South, Range 65 West monumented
at each end with a 3" BLM brass cap assumed to bear N 00 °06 15 "W)
a distance of 1040.45 feet; thence N 29 °24'15" E a distance of 752.16
feet to a point on the southerly right of way line of 24th Street; thence
S 60 °35'45" E (S 60 °35'48 "E - Deed) along the southerly right -of -way
line of said 24th Street a distance of 187.24 feet; Thence along the arc
of a curve to the left having a central angle of 30 °45'00 ", a radius of
1075.00 feet, and a distance of 576.94 feet; Thence N 88 °39'15" E
(N 88 °39'12" E -Deed) along the southerly right -of -way line of said
24th Street, a distance of 957.24 feet (957.21 feet - Deed); Thence
S 00 °59'18" E along the east line of the Southwest 1/4 of said Section
22, a distance of 399.52 feet to a point on the northerly right -of -way
line of 23rd Street; Thence S 89 °10'49 "W along the said northerly
right -of -way line of said 23rd Street, a distance of 1300.56 feet;
Thence S 00 °59'18" E, a distance of 265.00 feet; Thence S 89 °33'37"
W, a distance of 110.00 feet; Thence N 77 °56'23 "W, a distance of
368.00 feet; Thence N 60 °40'04 "W, a distance of 325.28 feet to the
point of beginning. Said parcel contains 22.20 acres, more or less,
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.
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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.
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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1306386 11/04/1999 04:03P ORD Chris C. Munoz
3 of 3 R 15.00 D 0.00 Pueblo Ct.y Clk 8 Ree.
A i'Tl ST: g;
.
City Clerk
INTRODUCED February 8, 1999
By John Verna
Co cilmember
APPROVED b ,
President of the Council
1/29/99
Reception 1305082
10/27/1999
1306388
11/04/1999
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on •ate -�,^ -� , between the CITY OF
PUEBLO, a Municipal Corporation ("City") ' and
Clayton Street Properties, L.L.C., a Colorado Limited is i i y Company
( "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
West Vallev Estates 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 all Required Public Improvements by Subdivider or subsequent owner
expires. Such deposit or escrow agreement shall be referred to as the "deposit ".
3. The amount of the deposit shall be computed by the City's Director of Public Works
by estimating the total cost of all uncompleted Required Public Improvements within
the block at the time application for building permit is made. The amount of the
deposit required by this alternative shall not be less than 25% of such estimate plus
the costs of extending all required sewer and water lines from nearest existing sewer
and water lines to the proposed building site for which a building permit is sought, plus
the costs of extending curb, gutter, sidewalk and paving from the edge of the
Subdivision or existing improvements of a like nature, whichever is closer, to the
proposed building site. In any case where the block, as later defined, exceeds one
thousand (1000) feet in length between intersecting streets, the estimate of the City
Director of Public Works under this paragraph may be reduced to the total costs of
all uncompleted Required Public Improvements in at least one half (' /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 alien 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.
Q
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 124-7 (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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Munoz
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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)
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on
by �ri'� ►' � k �`���;�ce J U.f as managers of Clayton Street
Properties, LEC, a Colorado Limited Liability Company
, Subdivider.
R
j Sudivider Clayton Street Properties,
.C.,a�;olorado Limited Liability Cc
4 yry ., c rane, manager
By: W V ►--
William Fiedelman, Manager
My commission expires: -7
Notary Public
a ,a
C ,�F PUEBLO, ,,Mu "pal Corporation
B :'h�
y
President of the Council
STATE OF COLORADO
COUNTY OF COLORADO
ss.
1 111111 VIII
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1305082 10/27/1999 03:36P SUB AG Chris C. Munoz
6 of 16 R 80.00 D 0.00 Pueblo Cty Clk & Rec.
The foregoin instrument was acknowledged before me on nr4"'6�r' I g , I�� ,
by (`�, t`; ��P ve In ler , as President of City Council, and
as City Clerk of the City of Pueblo, Colorado.
My commission expires: (rz /a (?�') o 0 <
No ublic
APPROVED AS TO FORM:
t
City ttorne
1 11111111111
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DPW 2/18/98 6
Reception 1316286
01/14/2000
NOTICE OF SHALLOW SANITARY SEWER SERVICE LINES
Notice is hereby given to the owner(s) of Lots 1 -65 and 90 -93, West Valley
Estates Subdivision, A Special Area Plan, Pueblo County, Colorado, and their heirs,
personal representatives, successors and assigns, that sanitary sewer service to the
basements of these lots may require a pumping system due to the elevation of the sanitary
sewer line in the street or public right of way.
This notice is dated 23 December 09 99
l l: /11001;
Hett� R. Crade/
Clayton Street Properties, LLC
A Colorado Limited Liability Company
William Fiedelman
Clayton Street Properties, LLC
A Colorado Limited Liability Company
COUNTY OF PUEBLO )
SS
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this 23rd day of
D , 19 by Henry R. Crane, Manager, and William Fiedelman, Manager,
Clayton Street Properties, LLC, a Colorado Limited Liability Company.
Witness my hand and official seal.
My commission expires: LP11 7 1V0A , ),
Notary Public
AOTAgy''
p�B L1G,
1
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IN 1111
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KNOW ALL MEN BY THESE PRESENTS: That Clayton Street Properties, L.L.C., a
Colorado Limited Liability Company, being the sole owner of the following described
parcel of land:
A parcel of land in the SW 1/4 of Section 22, Township 20 South, Range 65 West of the
6 t ' P.M. being more particularly described as follows:
BEGINNING at a point from which the SW corner of said Section 22 bears S
36 °29'22 "W (bearings based on the West line of the SW 1/4 of said Section 22,
Township 20 South, Range 65 West monumented at each end with a 3" BLM brass cap
assumed to bear N 00'06'1 5"W) a distance of 1040.45' feet; Thence N 29'24'1 5'T- a
distance of 752.16' feet to a point on the southerly right of way line of 24` street;
Thence S 60 °35'45 "E (S 60 °35'48 "E -Deed) along the southerly right of way line of said
24` street a distance of 187.24' feet; Thence along the arc of a curve to the left having a
central angle of 30 °45'00 ", a radius of 1075.00' feet, and a distance of 576.94' feet;
Thence N 88'39'1 5"E (N 88'39'1 2"E-Deed) along the southerly right of way line of said
20' street a distance of 957.24' feet (957.21' feet - Deed); Thence S 00'59'18"E along
the east line of the Southwest 1/4 of said section 22 a distance of 399.52' feet to a point
on the northerly right of way line of 23 street; Thence S 89'10'49"W along the said
northerly right of way line of said 23` street a distance of 1300.56' feet; Thence S
00'59'1 8'T a distance of 265.00' feet: Thence S 89 °33'37 "W a distance of 110.00' feet;
Thence N 77 °56'23 "W a distance of 368.00' feet; Thence N 60 °40'04 "W a distance of
325.28' feet to the POINT OF BEGINNING.
Said parcel of land contains 22.20 acres, more or less.
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111111 IIIII IIIII 1111111 IIII 111111 IIIII III IIIII IIII IIII
1305082 10/27/1999 03:36P SUB AG Chris C. Muncz
1EXHIm— g• 8 of 16 R 80.00 D 0.00 Pueblo Cty Clk & Rec.
SUBDIVISION: WEST VALLEY ESTATES SUBDIVISION
SUBDIVIDER: Clayton Street Properties, L.L.C., a Colorado Limited Liability Company
J.N.: 98- 004 -01
HERRICK
SUB -TOTAL
$116,613.68
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PAVEMENT
3" asphalt on 8" base course
2581
SY
$16.80
$43,360.80
Sub -total
CONCRETE
$43,360.80
Curb & Gutter
1416
LF
$10.00
$14,160.00
Handicap Ramp
227
SF
$3.50
$794.50
Square Pan Radius
234
SF
$4.25
$994.50
8' Concrete Pan 7" reinforced concrete
160
SF
$3.80
$608.00
Sub -total
SANITARY SEWER
$16,557.00
48" dia. Manhole
3
EA
$2,100.00
$6,300.00
" Main
268
LF
$28.00
$7,504.00
10" Main
495
LF
$32.00
$15,840.00
Sub -total
WATER
$29,644.00
8" Main (including valves
746
LF
$33.28
$24,826.88
Sub-total
MONUMENTS
$24,826.88
Monument Boxes
2
EA
$575.00
$1,150.0
Sub-total
SIGNS
$1,150.00
Barricades L =16'
1
EA
$875.00
$875.00
0' ROW Street Names Intersection
1
EA
$200.00
$200.00
Sub -total
$1,075.00
SUB -TOTAL
$116,613.68
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PERRY
ITEM
QUANTITY
UNITS
PRICE
TOTAL
P AVEMENT
8
Rec.
" asphalt on 8" base course
2010
SY
$16.80
$33,768.00
Sub -total
CONCRETE
$33,768.0
Curb & Gutter
786
LF 1
$10.00
$7,860.00
Handicap Ramp
357
SF
$3.50
$1,249.50
Square Pan Radius
340
SF
$4.25
$1,445.00
' Concrete Pan 7" reinforced concrete
256
SF
$3.80
$972.80
Sub - total
SANITARY SEWER
$11,527.30
8" dia. Manhole
1
EA
$2,100.00
$2,100.00
10" Main
358
LF
$32.00
$11,456.00
Sub -total
WATER
$13,556.00
8" Main (including valves
484
LF
$$16,107.52
Sub -total
NUMENTS
$16,107.52
Monument Boxes
2
EA
$575.00
$1,150.00
Sub -total
SIGNS
$1,150.00
0' ROW Street Names T Intersection
1
EA
$200.00
$200.00
120' ROW Street Names Intersection
1
EA
$500.00
$500.0
Sub -total
$700.00
SUB -TOTAL $60,701.30
1 11111111111 111 1111111 1111111111111 111 11111 1111 1111
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ITEM
gg
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NEWPORT
3" asphalt on 8" base course
1670
SY
$16.80
ITEM
QUANTITY
UNITS
PRICE
TOTAL
PAVEMENT
0.00 Pueblo Cty Clk &
Rec.
3" asphalt on 8" base course
1670
SY
$16.80
$28,056.00
Sub -total
CONCRETE
$28,056.00
Curb & Gutter
751
LF
1 $10.00
$7,510.00
Handicap Ramp
440
SF
$3.50
$1,540.00
Square Pan Radius
450
SF
$4.25
$1,912.50
8' Concrete Pan T reinforced concrete
320
SF
$3.80
$1,216.00
Sub -total
SANITARY SEWER
$12,178.50
8" dia. Manhole
1
EA
$2,100.00
$2,100.00
8" Main
302
LF
$28.00
$8,456.00
Sub -total
M ONUMENT'S
$10,556.00
Monument Boxes
2
EA
$575.00
$1,150.
Sub -total
SIGNS
$1,150.00
1
EA
$500.00
$500.00
120' ROW Street Names T Intersection
0' ROW Street Names 4 Way Intersection
1
EA
$300.00
$300.00
Sub -total
$800.00
SUB -TOTAL $52,740.50
111111111111111111111111111111111111111111
1306388
11/04/1999
111111111
04:03P AGREE Chris C.
IN
Munoz
10 of 16
R 80.00 D
0.00 Pueblo Cty Clk &
Rec.
gAq/N_r 13
Private Streets
I
1305082
10/27/1999
03:36P SUB
AG Chris C
11 of 16
R 80.00 D
0.00 Pueblo
Cty Clk &
ITEM
QUANTITY
UNITS
PRICE
TOTAL
SANITARY SEWER
0.00 Pueblo Ct.y Clk 8
Rec.
8" dia. Manhole
3
EA
$2,100.00
$6,300.00
Clean outs
15
EA
$500.00
$7,500.00
" Main
2070
LF
$26.00
$53,820.00
Sub -total
$67,620.00
SUB -TOTAL
23rd Street
$67,620.00
11111i
Mumer
Rec.
ITEM
QUANTITY
UNITS
PRICE
TOTAL
WATER
0.00 Pueblo Ct.y Clk 8
Rec.
" Main (including valves
1053
EA
$33.28
$35,043.84
8" Main (including valves
313
LF
$33.28
$10,416.
Sub -total
$45,460.48
SUB -TOTAL $45,460.48
1
1306388
11/04/1999
HIM
04:03P AGREE Chris C.
III IN
Munoz
11 of 16
R 80.00 D
0.00 Pueblo Ct.y Clk 8
Rec.
�/ 1 IN 1 IN
�/`T' + g� $ 1305082 10/27/1999 03:36P SUB AG Chris C. Munoz
12 of 16 R 80.00 D 0.00 Pueblo Cty Clk & Rec.
24th Street
ITEM
QUANTITY
UNITS
PRICE
TOTAL
PAVEMENT
14' Asphalt Mat
1423
SY
$14.90
$21,202.70
" Full Depth Asphalt
10214
SY
$14.90
$152,188.60
"As halt Curb
486
LF
$4.15
$2,016.90
A sphalt Removal
218
SY
$7.50
$1,635.00
A sphalt Curb Removal
50
LF
$4.00
$200.00
Sub -total
CONCRETE
$177,243.20
Curb & Gutter
2534
LF
$10.00
$25,340.00
Spill Curb & Gutter
3365
LF
$10.00
$33,650.00
Curb & Gutter Removal
866
LF
$4.00
$3,464.00
Handicap Ramp
1564
SF
$3.50
$5,474.00
Square Pan Radius
936
SF
$4.25
$3,978.0
7" reinforced concrete
546
SF
$3.80
$2,074.80
Sub -total
TRAFFIC
$73,980.80
- Intersection
1
EA
$350.00
$350.00
4 -Way
1
EA
$300.00
$300.00
Sub -total
UT&MES
$650.00
Street light
7
EA
$1,300.00
$9,100.00
Power Pole Relocation
1
EA
$0.00
$0.00
T elephone Pad Relocation
2
EA
$0.00
$0.00
Sub -total
SANITARY SEWER
$9,100.00
8" Manhole
5
EA
$2,100.00
$10,500.00
10" PVC Main
854
LF
$32.00
$27,328.00
Sub -total
WATER
$37,828.00
Fire Hydrant Assembl
3
EA
$1,800.00
$5,400.00
Sub -total
GRADING
$5,400.00
Grading cut
5783
CY
$2.00
$11,566.00
Grading fill
2708
CY
$2.00
$5,416.00
Sub -total
$16,982.00
111111111111111111111111111111111 11111 iii 111111 iii 1111
1306388 11/04/1999 04:03P AGREE Chris C. Munoz
12 of 16 R 80.00 D 0.00 Pueblo Cty Clk & Rec.
1
1305082 10/27/1999
03:36P SUB AG Chris
C.
Munoz
13 of 16 R 80.00 D
0.00 Pueblo Cty Clk
&
Rec.
24th Street
ITEM
QUANTITY
UNITS
PRICE
TOTAL
PAVEMENT
14' Asphalt Mat
1423
SY
$14.90
$21,202.70
" Full Depth Asphalt
10214
SY
$14.90
$152,188.60
"As halt Curb
486
LF
$4.15
$2,016.90
A sphalt Removal
218
SY
$7.50
$1,635.00
A sphalt Curb Removal
50
LF
$4.00
$200.00
Sub -total
CONCRETE
$177,243.2
Curb & Gutter
2534
LF
$10.00
$25,340.00
Spill Curb & Gutter
3365
LF
$10.00
$33,650.00
Curb & Gutter Removal
866
LF
$4.00
$3,464.00
Handicap Ramp
1564
SF
$3.50
$5,474.00
Square Pan Radius
936
SF
$4.25
$3,978.00
7" reinforced concrete
546
SF
$3.80
$2,074.80
Sub -total
TRAFFIC
$73,980.80
- Intersection
1
EA
$350.00
$350.00
4 -Way
1
EA
$300.00
$300.00
Sub -total
UTILMES
$650.00
Street light
7
EA
$1,300.00
$9,100.00
Power Pole Relocation
1
EA
$0.00
$0.00
T elephone Pad Relocation
2
EA
$0.00
$0.00
Sub -total
SANITARY SEWER
$9,100.00
8" Manhole
5
EA
$2,100.00
$10,500.00
10" PVC Main
854
LF
$32.00
$27,328.00
Sub -total
WATER
$37,828.00
Fire Hydrant Assembl
3
EA
$1,800.00
$5,400.00
Sub -total
GRADING
$5,400.00
Grading cut
5783
CY
$2.00
$11,566.00
Grading fill
2708
CY
$2.00
$5,416.00
Sub -total
$16,982.
SU13-TOTAL 111111111111111111111111111111111111111111111111111111111 $321,184.00
1306388 11/04/1999 04:03P AGREE Chris C. Munoz
13 of 16 R 80.00 D 0.00 Pueblo Ct.y Clk & Rec.
t5
Overall Subdivision
11111111111111111111111
1305082
10/27/1999
IN 11111111111111111111111
03:36P SUB AG Chris
C.
IN
Munoz
14 of 16
R 80.00 D
0.00 Pueblo Cty Clk
&
Rec.
ITEM
QUANTITY
UNITS
PRICE
TOTAL
WATER
0.00 Pueblo Cty Clk &
Rec.
Fire Hydrant Assembly
3
EA
$1,800.00
$5,400.00
Service line 60' ROW
93
EA
$480.00
$44,640.00
Sub -total
Sanitary Sewer
$44,640.00
Service Lines
93
EA 1
$750.00
$69,750.00
Sub -total
GRADING
$69,750.00
Grading (Cu t
19453
CY
$2.00
$38,906.00
Grading Fill
8953
CY
$2.00
$17,906.00
Sub -total
DRAINAGE
$17,906.00
0" dia Manhole
2
EA
$2,000.00
$4,000.00
Typ "S" Inlet L =6'
1
EA
$2,800.00
$2,800.00
Typ "S" Inlet L =7'
2
EA
$3,100.00
$6,200.00
Typ "S" Inlet L =9'
1
EA
$3,700.00
$3,700.00
"S" Inlet L =11'
1
EA
$4,300.00
$4,300.00
Typ "S" Inlet L =12'
1
EA
$4,600.00
$4,600.00
Typ "S" Inlet L =14'
1
EA
$5,200.00
$5,200.00
15" Pie
92
LF
$30.00
$2,760.00
18" Pie
343
LF
$36.00
$12,348.00
1" Pie
602
LF
$42.00
$25,284.00
, Rip Rap
50
CY
$50.00
$2,500.00
11 Sub-total
$73,692.00
SUB -TOTAL
SUB -TOTAL
Miscellaneous Contingencies @ 15%
GRAND TOTAL
Prepared By: Jennifer E. Powell
Checked By:
Firm:Mangini & Associates Inc.
Reviewed By: �&
City of Pueblo -zs-SK
$205,988.00
$870,307.96
$130,546.19
$1,000,354.15
Date: August 30, 1999
Date: August 30, 1999
X
1306388
11/04/1999
04:03P AGREE Chris C.
Munoz
14 of 16
R 80.00 D
0.00 Pueblo Cty Clk &
Rec.
Date: / P y
1 11111111111111111111111
1305082
10/27/1999
IN 1
03:36P SUB AG Chris
C.
Munoz
15 of 16
R 80.00 D
0.00 Pueblo Cty Clk
8
Rec.
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
WEST VALLEY ESTATES
This Addendum shall be incorporated in and become a part of the September 20,
1999 Subdivision Improvement Agreement for the West Valley Estates Subdivision, A
Special Area Plan (herein the "Subdivision ") and enforceable as provided in said
Subdivision Improvements Agreement.
A. 1. This Addendum hereby acknowledges that special sanitary sewer collection
system cost recovery fees are due as a condition of approval of the Subdivision.
2. The fees arE! due and payable prior to connection of any sanitary sewer within said
subdivision, to the City's sanitary sewer collection system, in accordance with Chapter
5, Title XVI, of 1he Pueblo Municipal Code.
3. The sewer cost recovery fees to be paid by the Subdivider are calculated as
follows:
a. 24th Street Newer Cost Recovery (CDBG Project 98 -053) $36.68 per foot
frontage X 335 Lin. Ft. frontage = $12,287.80
b. Southern Colorado Medical Center Subdivision Filing No. I Sewer Cost Recovery
$631.00 per Acre X 22.20 Acres = $14,008.20
(This fee is e stimated based on Exhibit "B" costs for the Southern Colorado Medical
Center Subcivision Filing No. I and is subject to change when actual construction
costs become available. The Subdivider shall be required to pay the difference
between the final approved cost and the estimated cost within forty -five (45) days
after notice by the City.)
The above fees will be adjusted each year in accordance with said Chapter 5 of the
Pueblo Municipal Code.
B. 1. C:ollateralization of the Required Public Improvements will be required
within one hundred eighty (180) days of the application for a building permit on any site
or upon the issuan �e of a certificate of occupancy for any building or structure , whichever
occurs first.
2. Subdivid E)r will not be required to build 24th Street, or any portion thereof, as
provided in Exhibit B to the SIA, until at least three years have passed from Subdividers
first obtaining a building permit or certificate of occupancy, whichever occurs first, for any
site within the Subdivision. Collateral ization of the construction of 24 Street, as set forth
in the Required Public Improvements, will be required within one hundred eighty (180) days
of the application fDr a building permit on any site or upon the issuance of a certificate of
occupancy for any building or structure, whichever occurs first. After the passage of this
1
1306388
11/04/1999
04:03P AGREE Chris C.
Munoz
15 of 16
R 80.00 D
0.00 Pueblo Cty Clk 8
Rec.
111111111111111111111111
1305082
10/27/1999
1111 11111111111 I I 1 111111
03:36P SUB AG Chris
I
C.
I 1 1111
Munoz
16 of 16
R 80.00 D
0.00 Pueblo Cl.y Clk
&
Rec.
referenced three year period, the City may require Subdivider to build 24th Street, or such
portion thereof as the City in its sole discretion deems appropriate, as set forth in Exhibit
B to the SIA. So long as the City defers the construction of 24th Street, or any portion
thereof which Subdivider is required to construct as part of the Required Public
Improvements, Subdividerwill continue to collateral ize its obligation for construction of 24th
Street as required by the SIA and this Addendum.
C. Each lot within West Valley Estates Subdivision is assessed a traffic impact
fee for signalization at 24 Street and Pueblo Boulevard in the amount of $88.00. At the
time application for building permit is made for a lot, the $88.00 impact fee will need to be
paid by the owner of the lot or applicant for the building permit before the building permit
will be issued.
The covenants of this Addendum shall run with the land within the Subdivision and
shall extend to, be binding upon, and inure to the benefit of the City of Pueblo and
Subdivider and their respective heirs, personal representatives, successors, and assigns.
This Addendum may be specifically enforced against the Subdivider and subsequent
owners of lots within the Subdivision.
Executed at Pueblo, Colorado as of the date and year stated above.
SUBDIVIDER: PUEBLO, A MUNICIPAL CORPORATION
U By
Name - clyvy - ' , t,YGei
Title Q W(Ak /'
1
1306388 11/04/1999
04:03P AGREE
HIM 111
Chris C.
IN
M
16 of 16 R 80.00 D
0.00 Pueblo
Ct.y Clk &
Rec.
Reception 1305084
10/27/1999
1305089
11/04/1999
DECLARATION OF COVENANTS CONCERNING
PRIVATE SANITARY SEWER, DRAINAGE, UTILITIES, AND INGRESS &
EGRESS EASEMENTS FOR WEST VALLEY ESTATES SUBDIVISION, A
SPECIAL AREA PLAN
c 1-h r� THIS DECLARATION OF COVENANTS is made as of DCEL 18 , 19
Clayton Street Properties, L.L.C., a Colorado Limited Liability Company, herein the
Sh 0)
"Declarant."
IN)
CS)
m -8h DEFINITIONS
vW=
m "Easement" means and includes the land shown and dedicated on the plat of the
m Subdivision, or otherwise granted or dedicated in or outside of the Subdivision, for
W drainage, detention, streets, sidewalks, and utility purposes that serve or benefit the
o Subdivision.
"Facilities" means and includes private sanitary sewer, drainage, utility, and
.c ingress & egress improvements as shown on plat, located in an Easement.
A S
�. "Lot" means a lot or other designated parcel of land within the Subdivision other
go than Easements.
"Lot Owner" means and includes all persons and entities having any right, title, or
o F� interest in and to a lot, or any part thereof.
N
"Subdivision" means the West Valley Estates Subdivision, A Special Area Plan.
"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.
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, conveyed, occupied and used
subject to the following covenants, conditions and restrictions:
1. PqMose. 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.
2. Covenants
(a) Declarant shall install the Easements and Facilities in accordance
with plans and specifications therefor approved by, and on file with 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
00 Facilities in good working order and condition and for the repair and replacement of the
w Facilities located in an Easement on or adjacent to such Lot Owner's Lot; provided,
however, that all Lot Owners shall be jointly and severally liable for maintaining the
m�
Facilities in good working order and condition and for the repair and replacement of the
CS 4Pb Facilities.
m
° o (c) The City of Pueblo is granted the right at its option (but not the
`
obligation) to inspect, control repair, maintain and re
m � � g ) Pe p � , lace the Facilities and to recover P
CS 4Pb all cost and expenses thereof plus an administrative charge of 15% from the Lot Owners.
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
0 � Recorder a statement of lien setting forth City's cost and describing the Lots signed by
.C- 0 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 of Pueblo to any liability for
X M _ = such failure.
go
A
a 3. Binding Effect Each of the covenants and provisions of this Declaration
c of Covenants shall run with the Subject Property and Lots within the Subdivision, and
N 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 enforceable at law or in equity by any Lot Owner or the City of Pueblo against
any person or entity violating, 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 City of Pueblo 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 right to do so thereafter, and shall not subject
any Lot Owner or the City of Pueblo to any liability for failure to enforce.
111111111111111111111111 IN 111111 HE 1111111111111111
1305084 10/27/1999 03:36P DEC C Chris C. Munoz
2 of 4 R 20.00 D 0.00 Pueblo Cty Clk & Rec.
(c) The enforcing party may seek and recover damages or injunctive
relief, or both. In the event of any action or litigation 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.
5. 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.
o 6. Modification Neither this Declaration of Covenants nor any of the
M � provisions hereof may be canceled, terminated, amended or modified without the prior
w = written consent of all the Lot Owners and the City of Pueblo.
m 7. Applicable Law This Declaration of Covenants shall be construed,
m zb" interpreted and enforced in accordance with the laws of the State of Colorado.
v o�
m w Executed the day and year first above written.
(9 40h
DECLARANTt Henry R. Crane, manager
O Clayton Street Properties, L.L.C.
n
A Colorado Limited Liability Company
A S S�LiLCiL.t.QA�h��•
DECLARANT William Fiedelman, Manager
Clayton Street Properties, L.L.C.
3 A Colorado Limited Liability Company
N COUNTY OF PUEBLO )
SS.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this r:, ' ` day of
1 ,19 )? by
Witness my hand and official seal.
My commission expires: (_rl i it�'t� z;
`ARA B����i�
v
OF CGLO�\��' \\
:ar ;al!t1
Notary Public
11111111111 I I I I 1 1111111 1111 11111111111 I I 1 111111111 I I I I
1305084 10/27/1999 03:36P DEC C Chris C. Md�no?
3 of 4 R 20.00 D 0.00 Pueblo Cty Clk & Rec.
Clli
KNOW ALL MEN BY THESE PRESENTS: That Clayton Street Properties, L.L.C., a
Colorado Limited Liability Company, being the sole owner of the following described
parcel of land:
A parcel of land in the SW 1/4 of Section 22, Township 20 South, Range 65 West of the
6 P.M. being more particularly described as follows:
BEGINNING at a point from which the SW corner of said Section 22 bears S
c o 36 °29'22 "W (bearings based on the West line of the SW 1/4 of said Section 22,
40- OD Township 20 South, Range 65 West monumented at each end with a 3" BLM brass cap
;U w assumed to bear N 00'06'1 5"W) a distance of 1040.45' feet; Thence N 29'24'1 5"E a
distance of 752.16' feet to a point on the southerly right of way line of 24 street;
Thence S 60 °35'45 "E (S 60 °35'48 "E -Deed) along the southerly right of way line of said
o 24 th street a distance of 187.24' feet; Thence along the arc of a curve to the left having a
central angle of 30 °45'00 ", a radius of 1075.00' feet, and a distance of 576.94' feet;
m m Thence N 88'39'15"E (N 88'39'12"E-Deed) along the southerly right of way line of said
CD m 24` street a distance of 957.24' feet (957.21' feet- Deed); Thence S 00'59'1 8"E along
M _U _ the east line of the Southwest 1/4 of said section 22 a distance of 399.52' feet to a point
o ° m � on the northerly right of way line of 23 street; Thence S 89'10'49"W along the said
n 0 � northerly right of way line of said 23 street a distance of 1300.56' feet; Thence S
.< � = 00 °59' 18 "E a distance of 265.00' feet: Thence S 89 °33'37 "W a distance of 110.00' feet;
ox
Thence N 77 °56'23 "W a distance of 368.00' feet; Thence N 60 °40'04 "W a distance of
Ir y 325.28' feet to the POINT OF BEGINNING.
go
Said parcel of land contains 22.20 acres, more or less.
3
o
N
111111 111111111111111111111111111111111 111 1111111111111
1305084 10/27/1999 03:36P DEC C Chris C. Munoz
4 of 4 R 20.00 D 0.00 Pueblo Cty Clk 8 Rec.