HomeMy WebLinkAbout06450Reception 1328021
04/07/2000
ORDINANCE NO. 6450
AN ORDINANCE APPROVING THE PLAT OF EAGLE HEIGHTS
SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Eagle Heights Subdivision, being a subdivision of land
legally described as:
A portion of land located within the Northwest 1/4 of the Northwest
1/4 of Section 13, Township 20 South, Range 65 West, of the 6th
Principal Meridian, Pueblo County, State of Colorado, being more
particularly described as:
Lot 1, Block 5, Rancho Del Sol Eight Filing, according to the recorded
plat thereof filed for record in the records of the Pueblo County and Clerk
and Recorder, Pueblo, Colorado,
Said parcel contains 4.85 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.
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
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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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AT*4T,,
City Clerk
INTRODUCED June 14, 1999
By Robert Schillin
C ncilmemb r
APPROVED
President of the Council
5/28/99
Reception 1328023
04/07/2000
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on OCJr0I'JQ-r 2 �qq 0, , between the CITY OF
PUEBLO, a Municipal Corporation ( "City"), and Joseph Vega of Joseph Vega & Associate
DBA S & V Developers
("Subdivider ")
RECITALS:
�`UEREAS, 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
Eagle Heights, 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
WI-IEREAS, by Chapter 4, Title XII of the 1971 Code of Ordinances, Subdivider is obligated
to provide security or collateral sufficient in the judgement of the City Council to make reasonable
provisions to construct and complete the Required Public Improvements.
NOW, THEREFORE, in consideration of the following mutual covenants and agreements,
the City and subdivider agree as follows:
Subdivider agrees within one hundred and eighty (180) days after applying for a
building permit to construct any building or structure on any building site within the
Subdivision, or upon the issuance of a certificate of occupancy for any such building
or structure, whichever occurs first, to construct and install at its sole cost all of the
Required Public Improvements.
2. In lieu of installing the Required Public Improvements within the time period
prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any
portion thereof shall deposit cash or other collateral with the City Director of Finance,
or with any bank or trust company licensed in the State of Colorado, subject to an
escrow agreement approved by the City Attorney. The holder of such cash or
collateral shall pay all or any portion thereof to the City upon demand after the time
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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 (V2 ) of such block,
and the required deposit shall be based upon such decreased estimate. The Subdivider,
however, shall provide a turnaround of at least sixty (60) feet in diameter at the mid -
block point and barricade such street so that no through traffic shall be permitted
beyond the point to which the estimate of the Director of Public Works is based.
4. Within one hundred eighty (180) days after subsequent application for a building
permit to construct any building or structure upon any building site within the block,
or upon the issuance of a certificate of occupancy for any such building or structure,
whichever occurs first, Subdivider shall also deposit an amount not less than the
estimate of the Director of Public Works for all Required Public Improvements from
existing improvements to the proposed building site, less any previous deposits made
under this agreement upon building sites lying between the most recently proposed
site and existing improvements.
5. In the event the Subdivider or any subsequent owner of the land fails to complete the
Required Public Improvements or to make such deposit within the required time, no
additional building permits shall be issued to the Subdivider or the subsequent owner
or to any other person to build or construct any building or structure in the
Subdivision until such default is remedied. In addition, the City may treat the amount
of such deposit as a debt due the City from the Subdivider or subsequent owner, which
debt shall be a lien upon all the land in the Subdivision and notice of lien may be filed
for record in the office of the County Clerk and Recorder at any time after such
default. Action upon such debt may be instituted by the City within six (6) years from
the date of filing such lien for record. All remedies provided for in this agreement are
cumulative and the use of one shall not prohibit the use of another.
6. Upon paying such deposit, the City Director of Public Works shall release the
proposed building site from the terms of the Agreement except the terms of Paragraph
7 below.
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7. As a condition of approval of this Subdivision, and to meet the requirements of
Section 12-4 -7 (.1) 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 `Yorks, 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 owrier(s) of the
land within the Subdivision.
9. The required time to complete all Required Public Improvements by Subdivider within
such block shall be one (1) year from the date of application for the first building
permit issued within such block. Upon completion and written approval and
acceptance of Required Public Improvements within the required time and the payment
of all inspection costs by Subdivider, the Director of Public Works shall cause all
obligations of the Subdivider relating to the Required Public Improvements within
such block to be released. If such Required Public Improvements are not completed
'within the required time, the City Director of Public Works may cause the proceeds
of all deposits or other collateral or monies in escrow to be used to complete
the same. If insufficient monies are available at the end of the required time to
complete all Required Public Improvements for the entire length of such block, the
Director of Public Works shall cause all collateral or monies in escrow to be reduced
to cash and shall deposit the same with the Director of Finance. Such cash shall be
used to complete that portion of the Required Public Improvements as the Director
of Public Works, in the Director's sole discretion, shall determine. Until all the
Required Public Improvements are completed and approved by the Director of Public
Works, Subdivider and the subdivided land shall remain liable and responsible for all
the Required Public Improvements.
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10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or
abutting upon the street which the proposed building or structure shall front, to the
rear property line of such lots, or the center line of the alley, if there is an alley,
enclosed at either end by a street which intersects both tiers of lots, and shall include
the full width of all streets upon which such lots abut.
11. If the Required Public Improvements are for a commercial subdivision and include
stormwater drainage, stormwater detention facility, or maintenance and restoration
of restoration of adjacent drainage channels, and/or associated improvements and
revegetation (the "facilities "), located either within or outside of the Subdivision,
Subdivider shall install the facilities in accordance with plans and specifications
therefor approved by, and on file with the City, and thereafter, the facilities shall be
repaired, replaced and maintained in good working order and condition by the owners
of the land within the Subdivision. The City is granted the right (but not the
obligation) to inspect, control, repair, replace and maintain the facilities and to
recover all costs and expenses therefor including an administrative charge of 15% from
the owners of the land within the Subdivision. All such City's costs and
administrative charge shall become a perpetual lien on all the land within the
Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a
statement of lien setting forth the City's costs and describing the land signed by the
City's Director of Public Works. Failure of the City to inspect, control, repair,
maintain or replace the facilities shall not subject the City to any liability for such
failure.
12. Subdivider agrees to provide the City with a current title insurance commitment at the
time of final platting evidencing that fee simple title of all lands in the Subdivision is
totally vested with the Subdivider free and clear of all liens and encumbrances. If such
land is not free and clear, the holder of such indebtedness shall subordinate its interest
or encumbrance to this Agreement and all its terms, conditions and restrictions.
13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority
to bring an action in any Court of competent jurisdiction to compel the enforcement
Of this Agreement or any amendment hereto. Such authority shall include the right
to compel rescission of any sale, conveyance or transfer of any lot(s) or tract(s)
contrary to the provisions of the Ordinances of the City or this Agreement. In the
event of any litigation concerning this Agreement, the Court shall award the prevailing
party its costs and expenses, including reasonable expert witness and attorneys' fees.
14. The parties agree this Agreement may be periodically amended by mutual consent
provided such amendment is in writing and be signed by all parties.
15. This Agreement shall extend to and be binding upon the successors and assigns of the
City and upon the heirs, successors, assigns and legal representatives of Subdivider,
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and shall be recorded in the office of the County Clerk and Recorder of Pueblo
County, Colorado, and shall constitute an agreement running with the land until
released as described above.
The parties have caused this Agreement to be executed and attested by its duly authorized and
acting officer.
Joseph Vega of Joseph Vega & Associates
DBA S & V Developers
Subdivider
(SEAL)
By:
By:
STATE OF COLORADO
ss.
COUNTY OF PUEBLO )
The foregoing i strument w s ac owledged before me on V39-
by qe , � -4- 1 e
Subdivider.
My commission expires:
(SEAL) A.
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C PUEBLO, u / r Corporation
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Pr sident of the Council
City erk
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STATE OF COLORADO )
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COUNTY OF COLORADO )
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IN
C. Munoz
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Ct.y
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Roc.
The foregoing instrument was acknowledged before me on March 29 2000 ,
by Cori Koehler , as President of City Council, and
Gina Dutcher as City Clerk of the City of Pueblo, Colorado.
My commission expires: 8 -21 -2003
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R otary Public
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APPRG ''AS TO FORTH:
City Attorney
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EXHIBIT A
A portion of land located within the Northwest 1 /4 of the Northwest 1 /4 of Section 13, Township
20 South, Range 65 West, of the 6 Principal Meridian, Pueblo County, State of Colorado, being
more particularly described as:
Lot 1, Block 5, Rancho Del Sol Eighth Filing, A Special Area Plan, according to the record plat
thereof filed for record at Reception No. / 3901 of the Pueblo County records, Pueblo,
Colorado.
Said Parcel contains 4.85 Acres, more or less
EXHIBIT B
SUBDIVISION NAME: EAGLE HEIGHTS, A SPECIAL AREA PLAN
DEVELOPER: .JOSEPH VEGA OF .JOSEPH VEGA & ASSOCIATES
DBA S & V DEVELOPERS
ENGINEER: ABEL ENGINEERING PROFESSIONALS, INC.
STREET IMPROVEMENTS
Asphalt Paving ( 5" full depth)
2335 yd n, $13.00 / vd 2 _ $ 30,355.00
Curb & Gutter
1560 LF g $10.00 / LF = $15,600.00
Water Lines & Amenities
6" PVC (Water Main w /valves)
840 LF (a, $33.28 / LF = $27,955.20
Service Lines (Use Pricing for 60' R.O.W.)
16 each g $480.00 each = $7,680.00
Sanitary Sewer Lines & Amenities
Manholes
5 each ( 48" dia.)n, $2,100.00 each = $10,500.00
6" PVC (Sewer Main)
687 LF g $28.00 / LF = $19,236.00
6" PVC Cleanouts
11 Each (a, $75.00 Each = $825.00
Service Lines (Use Pricing for 60' R.O.W.)
16 each (a, $750.00 each = $12,000.00
SUBTOTAL = $124,151.20
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8
DRAINAGE IMPROVEMENTS
Storm Sewer
Manholes ( Type "1B ") 24' deep
1 each g $4,000.00 each = $4,000.00
18" (Poly Pipe)
349 LF 2 $36.00 / LF = $12,564.00
Drop Inlet
1 each (, $3,000.00 each = $3,000.00
Trickle Pan (Includes wide pans from curb cuts)
150 LF g, $20.00 / LF = $3,000.00
SUBTOTAL = $22,564.00
GRAND TOTAL ................ = $ 146,715.20
PREPARED BY: JESSIE J. SHAFFER DATE: March 20, 2000
FIRM: ABEL ENGINEERING PROFESSIONALS, INC.
REVIEWED BY: olyl3 31v Do
CITY OF PUEBLO DATE
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x
Reception 1328024
04/07/2000
DECLARATION OF COVENANTS CONCERNING
THE PRIVATE SANITARY SEWER & DRAINAGE EASEMENT FOR
EAGLE HEIGHTS
A SPECIAL AREA PLAN
THIS DECLARATION OF COVENANTS is made as of , 1999 by
Joseph Vega of Joseph Vega & Associates DBA S & V Developers, 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 street, sanitary sewer facilities, drainage improvements,
water lines, gas lines, and electrical lines 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 Eagle Heights, 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:
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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 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
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.
(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.
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(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 judgement 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 canceled, 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.
Declarant
STATE OF COLORADO)
)ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this � day of
1999, by Joseph Vega of Joseph Vega & Associates DBA S & V Developers.
Witness my hand and official seal.
7 o3
My commission expires N
EXHIBIT A
A portion of land located within the Northwest' /4 of the Northwest' /4 of Section 13, Township
20 South, Range 65 West, of the 6` Principal Meridian, Pueblo County, State of Colorado, being
more particularly described as:
Lot 1, Block 5, Rancho Del Sol Eighth Filing, A Special Area Plan, according to the record plat
thereof filed for record at Reception No. '7-9 of the Pueblo County records, Pueblo,
Colorado.
Said Parcel contains 4.85 Acres, more or less
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