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HomeMy WebLinkAbout06553Reception 1346637 08/21/2000 ORDINANCE NO. 6553 AN ORDINANCE APPROVING THE PLAT OF FAIRWAY INN SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Fairway Inn Subdivision, being a subdivision of land legally described as: A portion of the Northeast 1/4 of Section 4, in Township 21 South, Range 65 West, of the 6th P.M., Pueblo County, State of Colorado and being more particularly described in Book 2562 at Page 40 of the Pueblo County Records as follows: Beginning at a point on the East line of said Section 4, 288.00 feet South of the Northeast corner thereof, Thence Westerly parallel with the North line of said Section 4, along the existing fence a distance of 220.00 feet to a steel pin; Thence Southerly parallel with the East line of said Section 4, a distance of 146.00 feet to an iron pipe; Thence Easterly parallel with the North line of said Section 4, a distance of 220.00 feet to a steel pin; Thence Northerly along the East line of said Section 4, a distance of 146.00 feet to the point of beginning. Also a portion of the Northeast 1/4 of Section 4, in Township 21 South, Range 65 West of the 6th P.M. Pueblo County, State of Colorado and being more particularly described in Book 2884 at Page 589 of the Pueblo County Records as follows: Beginning at an iron pipe on the East line of said Section 4, Township 21 South, Range 65 West, 6th P.M. 434 feet more or less South of the NE corner of said Section 4; Thence Westerly parallel with the North line of said Section 4, a distance of 220.00 feet, more or less; Thence South parallel with the East line of said Section 4, a distance of 50.00 feet, more or less; Thence East parallel with the North line of said Section 4, a distance of 220.00 feet, more or less to a point on the East line of said Section 4; Thence North along the East line of said Section 4, a distance of 50.00 feet, to the point of beginning. Said parcels contains 43075 square feet or 0.99 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. 1 1346637 08/21/2000 01:24P ORD Chris C. Munoz 2 of 3 R 13.00 D 0.00 Pueblo Cty Clerk 8 Ree 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. INTRODUCED June 12, 2000 By Patrick Avalos Councilmember APPROVE V U President of the Council .� LaJZ-�—�9 � City Clerk 111111111111111111111111111111111 1346637 08/21/2000 01:24P ORD Chris C. Munoz 3 of 3 R 15.00 D 0.00 Pueblo Cty Clerk & Ree 5/30/00 Reception 1346639 08/21/2000 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on , between the CITY OF PUEBLO, a Municipal Corporation (" y "), and Ernest Sisneros and Susan E. Sisneros ( "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 Fairway Inn 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: 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 1 111111 111111111111111 IIIII 111111 111111 1346639 08/21/2000 01:24P SUB AG iii 111111111 Chris C. 1111 Munoz 2 of 8 R 40.00 D 0.00 Pueblo Cty Clerk 8 Roe 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 Pubfic 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. 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 1111111111111111111111111111111111111111111111111111111 1346639 08/21/2000 01:24P SUB AG Chris C. Munoz 3 of 8 R 40.00 D 0.00 Pueblo Cty Clerk & Ree 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 3 I I IT I IIIII III 1 IN I IN 1346639 08/21/2000 01:24P SUB AG Chris C. 4 of 8 R 40.00 D 0.00 Pueblo Cty Clerk & Rae 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 4 111 1111 IIIII III I 1111111111 111111111111111111111111 IN 1346639 08/21/2000 01:24P SUB AG Chris C. Munoz 3 of 8 R 40.00 D 0.00 Pueblo Ct.y Clerk & 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. r x C E E. 6 ,...... pTgR: Ernest Sisneros and Susan E. S isneros S• �•' Subdivider • • 4 (SEAL) ' By OF COLON`` By STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on R UL - r i `1 too , by Fe,N,Es'C Subdivider. My commission expires: My Commission Expires 02/04 /2004 Notary Public CIT PUEBLO, unici al Corporation n � B : Y President of the Council City rk STATE OF COLORADO COUNTY OF COLORADO ss. DPW 2/18/98 1 1346639 08/21/2000 01:24P SUB AG Chris C. IN Munoz 6 of 8 R 40.00 D 0.00 Pueblo Cty Clerk 8 Reo The foregoing instrument was acknowledged before me on -] Co ri nn� Kde h ler' v as President of City Council, and c y�Gc r,City Clerk of the City of Pueblo, Colorado. �h APPR0� X'g't V V "r -03 City Attorney No Public DPW 2/18/98 6 111111111111111111111111111111111111111111111111111111 1346639 08/21/2000 01:24P SUB AG Chris IN IN C. Munoz 7 of 8 R 40.00 D 0.00 Pueblo Cty Clerk & Rec SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" FAIRWAY INN SUBDIVISION LEGAL DESCRIPTION: SOUTHERLY PARCEL BEGINNING POINT ON THE EAST LINE OF SECTION 4, BEING 434 FEET MORE OR LESS TO THE NE CORNER OF SEC 4, THENCE WESTERLY 220 FEET, THENCE SOUTHERLY 50 FEET, THENCE EASTERLY 220 FEET, THENCE NORTHERLY 50 FEET TO THE POINT OF BEGINNING, IN SECTION 4, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, CONTAINING 0.25 ACRES MORE OR LESS. NORTHERLY PARCEL A PORTION OF THE NE '/4 SECTION 4, TOWNSHIP 21 SOUTH, RANGE 65 WEST DESCRIBED AS: BEGINNING AT POINT ON THE EAST LINE SECTION 4, BEING 288 FEET SOUTH OF THE NE CORNER, THENCE WESTERLY AND PARALLEL TO THE NORTH LINE, ALONG THE EXISTING FENCE A DISTANCE OF 220 FEET TO A STEEL PIN, THENCE SOUTHERLY AND PARRALLEL WITH THE EAST LINE A DISTANCE OF 146 FEET TO AN IRON PIPE, THENCE EASTERLY AND PARALLEL TO THE NORTH LINE OF SECTION 4 A DISTANCE OF 220 FEET TO A STEEL PIN, THENCE NORTHERLY ALONG THE EAST LINE A DISTANCE OF 146 FEET TO THE POINT OF BEGINNING. SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" SUBDIVISION NAME: FAIRWAY INN SUBDIVISION OWNER ERNEST SISNEROS ENGINEER LAURIE E. CLARK, CLARK ENGINEERING Unit Description Unit Price Quantity Total Unit Cost CONCRETE 1. CURB AND GUTTER $ 10.001LF 63 $ 630.00 2. 4" CONCRETE $ 2.50 /SF 912 $ 2,280.00 3. 6" CONCRETE $ 3.20 /SF 350 $ 1,120.00 4. HANDICAP RAMPS $ 3.50 /SF 120 $ 420.00 DETENTION FACILITIES 1. GRATED INLETS $1,500.00/EA 2 $ 3,000.00 2. SIDEWALK DRAIN $ 50/LF 10 $ 500.00 EROSION CONTROL (ON -SITE) 1. MIRAFIl00X SILT FENCE $ 3.00/LF 465 $ 1,395.00 MISCELLANEOUS SUB -TOTAL $ 9,345.00 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: DATE- � - Y - GY FIRM: CLARK ENGINEERING 45 Verdosa Drive Pueblo Colorado 81005 REVIEWE BY: DATE: CITY 6F PUEBLO _., , III t 11111111111111111111 I00 01: 24P AG Chr is C . liul 1346639 08/211 Clerk 8 Rec 8 of 8 R 40.00 D 0.00 Pueblo CtY