HomeMy WebLinkAbout06428Reception 1304306
10/22/1999
ORDINANCE NO. 6428
AN ORDINANCE APPROVING THE PLAT OF NONA BROOKS
PLACE SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Nona Brooks Place Subdivison , being a subdivision of land
legally described as:
All of Block 25 in Regency Park, 13th Filing, according to the recorded
plat thereof, filed for record January 14, 1980, containing 5.615 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.
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.
1 1111111111111111111111111111 IN 111111111111111111 IN
1304306 10/22/1999 11:38A ORD Chris C. Munoz
SECTION 4. 2 of 2 R 10.00 D 0.00 Pueblo Ct.y C lk & Rec.
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.
INTRODUCED Apri 1 12, 1999
0 $ 4C By John Verna
o cilmember
APPROVE �^ C�
resident of the Council
ATTEST:
S�
City Clerk
3/31/99
Reception 1304308
10/22/1999
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on G c - c �Z . 12199 , between the CITY OF
PUEBLO, a Municipal Corporation ( "City "), and
PANNUNZIO, INC.,
a Colorado Corporation
( "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
NONA BROOKS PLACE, A SPECIAL AREA PLAN
( "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
DPW 2/18/98
111111111111 III111111111111111111111111 iii 11111 1111 1111
1304308 10/22/1999 11:58A SUB AG Chris C. Munoz
2 of 8 R 40.00 D 0.00 Pueblo C!y Clk & Rec.
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 ('/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.
DPW 2/18/98 2
111111111111 11111111111111111111111111111111111
1304308
10/22/1999 11:58A SUB AG
Chris
IN 1111
C. Munoz
3 of 8 R
40.00 D 0.00 Pueblo C!y
Clk 8
Rec.
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.
DPW 2/18/98
11 1 1111111111111111111111111111111111111111111111111111
4308
10/22/1999 11.58A SUB AG
Chris
C. Munoz
4 of 8 R
40.00 D 0.00 Pueblo Cty
Clk &
Ree.
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,
DPW 2/18/98 4
111111111111111111
1304308 10/22/1999 11:58A SUB AG Chris C. Munoz
5 of 8 R 40.00 D 0.00 Pueblo Cty Clk 8 Rec.
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.
PANNUNZIO, INC.,
a Colorado Corporation
Subdivider
(SEAL)
Nick Pannunzio. Presiden
By:
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on J
b Nick Pannunzio, President of
PANNUNZIO, INC., a Colorado Corporation
Subdivider.
My commission expires: V U
Aw
T
(SE LY
I_
COLORADO
STATE OF COLORADO )
ss.
COUNTY OF COLORADO )
A7 z LL
' Z-
Notary Public
C Y F 7PUEB , a Municipal Corporation
B '
President of the Council
DPW 2/18/98 5
1 111111111111111111111111111111111111 Ill HE ill III Illi IN
1304308 10/22/1999 11:58A SUB AG Chris C. Munoz
6 of 8 R 40.00 D 0.00 Pueblo Ct.y Clk & Rec.
The foregoing instrument was acknowledged before me on October 25 1999 ,
Corinne Koehler , as President of City Council, and Gina Dutcher
as City_Che City of Pueblo, Colorado.
QI
My commission
(SEAL)
LM S A /V
o: � •v
•
..o .- 0
N yT •. U B 1..�GP
FpF co\p
APPROVED AS TO F(W- tmission Expires 08,21/2003
City Attorn
1 /
N
DPW 2/18/98
1111111111311111111111111111111111111111111111111
1304308 10/22/1999 11:58A SUB AG Chris C. Munoz
7 of 8 R 40.00 D 0.00 Pueblo Cty Clk 8 Rec.
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT A
All of Block 25 in Regency Park 13 Filing, according to the recorded plat thereof,
filed for record January 14, 1980.
Containing 5.165 acres.
7
1
1304308 10/22/1999 11:58A SUB AG Chris C. Munoz
8 of 8 R 40.00 D 0.00 Pueblo Cty Clk & Rec.
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
DEVELOPER:
ENGINEER:
CURB & GUTTER
Curb and Gutter
7" Square Pan Radius
7" Conc. Pan
SANITARY SEWER
8" PVC Sewer Line
48" Dia. M. H.
Service Line
Cleanout
DETENTION POND
4" Thick -4' wide Conc.Trickle Pan
Type "M" Rip Rap Pad
Overflow Spillway
Outlet Structure
Conc. Retaining Wall
4" Thick -4' Wide Paved Surface
Grading
NONA BROOKS PLACE, A SPECIAL AREA PLAN
PANNUNZIO, INC.
NORTHSTAR ENGINEERING AND SURVEYING, INC.
47 LF
@
$10.00 /LF
$470
225 SF
@
$3.80 /SF
$855
160 SF
@
$2.50 /SF
$400
534.3 LF
@
$28.00 /LF
$14,960
2 EA
@
$2,100.00 /EA
$4,200
26 EA
@
$750.00 /EA
$19,500
10 EA
@
$500.00 /EA
$5,000
2360 SF
@
$2.50 /SF
$5,900
36 CY
@
$50.00 /CY
$1,800
1 EA
@
$5,000.00 /EA
$5,000
1 EA
@
$3,000.00 /EA
$3,000
1160 LF
@
$25.00 /LF
$29,000
4640 SF
@
$2.50 /SF
$11,600
7100 CY
@
$2.00 /CY
$14,200
TOTAL
$115,885
This is an estimate only. Actual construction costs may vary.
This estimate may not include all construction costs.
PREPARED BY:
A. H.
FIRM: NOORRTTHSTAR ENGINEERING AND SURVEYING, INC.
REVIEWED BY: 6 "
CITY OF PUEBLO
717t
T
Reception 1304309
10/22/1999
DECLARATION OF COVENANTS
CONCERNING
PRIVATE SANITARY SEWER, DRAINAGE
AND DRAINAGE DETENTION EASEMENTS
FOR
NONA BROOKS PLACE, A SPECIAL AREA PLAN
THIS DECLARATION OF COVENANTS is made as of Qg �tuber 1S , 1911 by
Pannunzio, Inc., a Colorado Corporation, herein the "Declarant."
DEFINITIONS
"Easement" means and includes the land shown and dedicated on the plat of the
Subdivision, or otherwise granted or dedicated in or outside of the Subdivision, for
drainage, detention, streets, sidewalks, and utility purposes that serve or benefit the
Subdivision.
"Facilities" means and includes all private sanitary sewer and drainage improvements
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 NONA BROOKS PLACE, 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.
1
1304309 10/22/1999 11:58A DEC C Chris C. Munoz
2 of 4 R 20.00 D 0.00 Pueblo C!y Clk & Rae.
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. 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.
2. Covenants
(a) Declarant shall install the Easements and Facilities in accordance with plans and
specifications therefore 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 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 Owner's Lot;
provided, however, that all Lot Owners shall be jointly and severally liable for
maintaining the Facilities in good working 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% 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 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 City 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 within 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
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.
111111111111111111111111111111111111111111111111111 III
1304309 10/22/1999 11:58A DEC C Chris C. Hunoz
3 of 4 R 20.00 D 0.00 Pueblo Cty Clk & Rec.
(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.
(c) The enforcing parry 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.
6. Modification Neither this Declaration of Covenants nor any of the provisions hereof
may be cancelled, terminated, amended or modified without the prior written consent
of all the Lot Owners and the City of Pueblo.
7. 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.
PANNUNZIO, INC.,
a Colorado Corporation
Nick Pannunzi esident
COUNTY OF PUEBLO )
) ss
STATE OF COLORADO)
The foregoing instrument was acknowledged before me thi day of
!�26 (2% M1694. , 19 by Nick Pannunzio, President of Pannunzio, Inc.,
a Colorado Corporation.
Witness my hand and official seal.
My commission expires:
21 Q e W PARv, L-*k-
Vuet'L z Loin. %iomi Notary Public
PJ\0 M. S Tg q �
0
7 UGLIG �T
OF CO
My ComrTL Expires 07/10/2002
iilill 11111 Ilili ilillll 111111111111111 III 11111 Ilia 1111
1304309 10/22/1999 11:38A DEC C Chris C. Munoz
4 of 4 R 20.00 D 0.00 Pueblo Cty Clk & Rec.
EXHIBIT A
All of Nona Brooks Place, A Special Area Plan, according to the recorded plat thereof.
Reception 1304310
10/22/1999
RATIFICATION OF PLAT
FOR VALUE RECEIVED, Minnequa Bank of Pueblo, being the owner of
indebtedness secured by a deed of trust recorded February 24, 1998 in
Book 3089 at Page 220 of the Pueblo County records, does hereby ratify and
consent to the subdivision of land platted as NONA BROOKS PLACE, A SPECIAL
AREA PLAN shown on the Subdivision Plat recorded at Reception No.
l2)0%4- l 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 4th day of
June
MINNEQUA BANK OF PUEBLO
By: �%!1
, 1999.
Title:
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me by Many Heming
this
4th day of
Al �
69 $ 3
June
1999.
My Commission expires 12/05/2000
Many L Fteming
Notary Public