HomeMy WebLinkAbout06422Reception 1307484
11/12/1999
ORDINANCE NO. 6422
AN ORDINANCE APPROVING THE PLAT OF PRESERVE AT
BELMONT SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Preserve at Belmont Subdivision, being a subdivision of land
legally described as:
All of Block 44, Belmont 28th Filing, according to the recorded plat
thereof filed for record in Book 1714 at Pages 599 and 600 of the
Pueblo County Clerk and Recorder,
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.
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.
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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.
i
a ,
ATTEST:
• City Clerk
INTRODUCED March 22 1999
By John Verna
Councilmember
APPROVED
President of the Council
3/1/99
Reception 1307486
11/12/1999
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on st_p 1 1 S , 19C)9 , between the CITY OF
PUEBLO, a Municipal Corporation ( "City "), and The Preserve at Belmont I. LLC. a Col orado
Limited Liability Company & Belmont Development Group, LLC, a Colorado Limited
Liability 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 Preserve
@ Belmont
( "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 ('/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 `Forks 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 sic (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 (.l) 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 o'vner(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
wvithin 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.
The Preserved} Belmont I, LLC
Belmont Development Group, LLC
Subdivider
(SEAL)
STATE OF COLORADO
COUNTY OF PUEBLO
By:
By:
ss.
The foregoing instrument was acknowledged before me on September 15 , 1999 ,
by Jerome M. Gotlieb, General Manager and Member of the Preserve at Belmont I, LLC
a Colorado Limited Liability Company and of Belmori e.Group, LLC, a Colorado Limited
Liability Company , Subdivider.
My commission expires:
t), V. q , 2C(D 3
(SEAL
City
At
AT V
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0
ti
:�kl+hu
Not Publ Oc
�QF PUEB � nicipal Corporation
ent of the Council
STATE OF COLORADO )
ss.
COUNTY OF COLORADO )
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The foregoing instrument was acknowledged before me on November 5 1999 ,
by Corinne Koehler ;�� s President of City Council, and
Gina Dutcher as
My commission
(SEAL)
of Pueblo, Colorado.
My Ccr�inssicn expires 0-8,
APPROVED AS TO FORM:
City Attorney
Notary Public
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EXHIBIT A
A parcel of land located within the SE '/4 of the NE 1 /4& the NE 1 /4 of the SE 1 /4 of
Section 20, Township 20 South, Range 64 West of the 6 Principal Meridian, Pueblo
County, State of Colorado, Being more Particularly described as follows:
All of Block 44, Belmont 28 filing, according to the recorded plat thereof filed for
record in Book 1714 at Pages 599 and 600 of the Pueblo County Clerk and Recorder.
Said Parcel containing 27.23 Acres more or less.
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EXHIBIT B
SUBDIVISION NAME: PRESERVE @ BELMONT
DEVELOPER: THE PRESERVE AT BELMONT I, LLC
BELMONT DEVELOPMENT GROUP, LLC
ENGINEER: ABEL ENGINEERING PROFESSIONALS, INC.
PHASE I DEVELOPMENT
UTILITIES
Storm Sewer
Manholes (Type "1 C ")
3 each ga, $2,500 each = $7,500.00
42" (RCP)
565.5 LF
,$100.00 / LF = $56,550.00
Sanitary Sewer Lines & Amenities
8" PVC
745 LF 2 $28.00 / LF = $20,860.00
Manholes
4 each (48" dia.) A $2,100 each = $8,400.00
Detention Facilities
Detention Basin Outlet Structure (Basin A)
1 each (c,, $3,000 EACH = $3,000.00
Spillway (Basin A)
1 each $1500.00 each = $1,500.00
Concrete Chute (Spillway /Including Curb)
1950 SF A $3.80 / SF = $7,410.00
Trickle Channel
200 LF ( , $12.00 / LF = $2,400.00
Grading (Detention Basin A)
0.78 Acres g $16,000 /Acre = $12,480.00
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Planting & Establishing Vegatation
(Detention Basin A)
0.78 Acres (a� $12,000 /Acre
= $9,360.00
SUBTOTAL = $36,150.00
PHASE II DEVELOPMENT
PHASE I TOTAL = $129,460.00
Curb & Gutter
383 LF n $10.00 / LF — $3,830.00
Handicap Ramps
430 Ft n, $3.50 / Ft _ $1505.00
Striping Removal & Replacement
Per plan (Lump Sum Est.) k $1,000.00 = $1,000.00
Street Light
1 each n, $1,300.00 each = $1,300.00
Detention Basin Outlet Structure (Basin B)
1 each $3,000 EACH = $3,000.00
Spillway (Basin B)
1 each n, $1,500.00 each = $1,500.00
Poly Discharge Pipe (18" — Basin B)
57 LF A $36.00 / LF = $2,052.00
Trickle Channel (Basin B)
280 LF (a, $12.00 / LF = $3,360.00
Grading (Detention Basin B)
0.78 Acres ga, $16,000 /Acre = $12,480.00
Planting & Establishing Vegatation
(Detention Basin B)
0.78 Acres k $12,000 /Acre = $9,360.00
PHASE II TOTAL = $39,387.00
G,
PHASE III DEVELOPMENT
Street Light
1 each , $1,300.00 each
Manhole (Type "II ")
1 each $4,000 each
Manhole (Type "III A ")
1 each (a, $9,000 each
48" (RCP)
22 LF k $110.00 / LF
Type "S" Inlet (Modified) L =121'
1 each A $38,470.00 each
78" (RCP)
557 LF ,a $200.00 / LF
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— $1,300.00
= $4,000.00
= $9,000.00
= $2,420.00
_ $38,470.00
= $111,400.00
Headwall /Wingwall Transition to Trickel Chanel (Basin C)
1 each n, $13,000 each = $13,000.00
Rip Rap (Type M) Pad
200 CY k $50.00 / CY
Spillway (Basin C)
1 each (c, $1,500.00 each
Trickle Channel
240 LF $12.00 / LF
Poly Discharge Pipe (18" — Basin C)
57 LF (a, $36.00 / LF
Grading (Detention Basin C)
0.78 Acres g $16,000 /Acre
Planting & Establishing Vegatation
(Detention Basin C)
0.78 Acres g $12,000 /Acre
_ $10,000.00
— $1,500.00
— $2,880.00
= $2,052.00
_ $12,480.00
— $9,360.00
PHASE III TOTAL = $217,862.00
IO
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GRAND TOTAL ................ = $ 386,709.00
PREPARED BY: JESSIE J. SHAFFER DATE: October 26, 1999
FIRM: ABEL ENGINEERING PROFESSIONALS, INC.
REVIEWED BY:
CITY OF PUEBLO DATE
s 3 r1
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Reception 1307487
11/12/1999
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(PHASED CONSTRUCTION)
This Addendum shall be incorporated in and become a part of the , 1999
Subdivision Improvements Agreement for The Preserve @ Belmont and enforceable as provided
in said Subdivision Improvements Agreement.
1. The Subdivider will develop The Preserve @ Belmont in separate phases to be
identified herein as Phase I, Phase 11, (etc.)
2. Phase I shall consist of the following:
Lot 1, The Preserve @ Belmont
Phase II shall consist of the following:
Lot 2, Preserve @ Belmont, the decel lane at Troy Avenue & Drew Dix Drive and
the street light on Troy Avenue
4. Phase III shall consist of the following lots within the Subdivision:
Lots 3, Preserve @ Belmont and the street light on Dick Trefz Street
The Subdivider shall construct and install all of public improvements in the manner
and as described in the Subdivision Improvement Agreement needed and required to
serve the lots within each Phase.
For purposes of determining the extent and timing of the required public
improvements, each Phase shall be considered as a separate subdivision and an event
requiring completion of the improvements in one Phase will not require completion
of improvements in the other Phase
7. When the Subdivider completes the subdivision requirements and public
improvements for each Phase, the City will release the Lots in that Phase from this
agreement as if each Phase was a separate and distinct subdivision.
The Subdivision Improvements Agreement as amended by this Addendum shall
remain in full force and effect and 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 City and Subdivider and their respective heirs, personal representatives,
successors, and assigns.
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Executed at Pueblo, Colorado as of 60 CXr Z I, 1999
DIVIDER:
By: Jerome M. Gotlieb
General Manager and Member of
The Preserve at Belmont I, LLC and of
Belmont Development Group, LLC
STATE OF COLORADO)
)ss.
COUNTY OF PUEBLO )
IL
The foregoing instrument was acknowledged before me this day of OQr' ,
1999 by Jerome M. Gotlieb, General Manager and Member of The Preserve at Belmont I, LLC
and of Belmont Development Group, LLC, Subdivider.
s Z 3 {
My commission expires Not k(0
CITY OF PUEBLO, w
a Municipal Corporation/
L-
Pre ident of the City lCouncil
CONSTRUCTION PHASING PLAN
PRESERVE @ BELMONT
A RESUWWSION OF BLOCK 44, BELMONT 28th F7UTNG
LOGTEO 1N 7HE SOUTHEAST 1 4 QF THE NORTHEAST 1//4 AND
IN THE NORTHEAST 1/4 OF SOUTHEAST 1/4 Of SE�ON 2 0,
7OWNSHIP 20 SOUTH, RANGE 64 WEST, OF 7HE eth P.M.,
CITY AND COUNTY OF PUEBLO, STATE OF COLORADO
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