HomeMy WebLinkAbout06562Reception 1389237
06/22/2001
ORDINANCE NO. 6562
AN ORDINANCE APPROVING THE PLAT OF BERNAL ESTATES
SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Bernal Estates Subdivision, being a subdivision of land
legally described as:
A parcel of land located in part of the E %2 of the N %2 of the N %2 of the NE 1/4
of the NE 1/4 of Section 27, Township 20 South, Range 65 West of the
6th P.M., County of Pueblo, State of Colorado, more particularly described
as follows:
Beginning at a point on the West line of the E '/2 of the N %2 of the N %2 of
the NE 1/4 of the NE 1/4 of Section 27, from which the Southwest corner
of the E %2 of the N %2 of the N %2 of the NE 1/4 of the NE 1/4 bears S 00°
17' 17" W, 140.00 feet; thence continuing along the West line of the E ' /2
of the N' /2 of the N' /2 NE 1/4 of NE 1/4 N 00 °1717" E, 160.00 feet to a
point; thence N 90 °00'00" E, 315.00 feet to a point; thence S 00 °17'17" W,
160.00 feet to a point on the South line of the E' /2 of the N' /2 of the N' /2 NE 1/4
of the NE 1/4; thence 90 °00'00" W along the South line of the E %2 of the N %2 of
the N %2 of the NE 1/4 of the NE 1/4, 315.00 feet to the point of beginning,
containing 1.16 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
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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.
ATTEST:
ld %; . c
INTRODUCED July 10 , 2000
BY Patrick AA alos
C cilme
APPROVED l,( �--�
President of the Council
6/29/00
Reception 1389239
06/22/2001
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on .4 4?Af / 28 a 0/ , between the CITY
OF PUEBLO, a Municipal Corporation ( "City "), and
w/ / L3 b/1 &,+ 4
("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
Q LANg-1 Z s r.47- s
( "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, subj ect
to an escrow agreement approved by the City Attorney. The holder of such cash or
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collateral shall pay all or any portion thereof to the City upon demand after the time
to complete all Required Public Improvements by Subdivider or subsequent owner
expires. Such deposit or escrow agreement shall be referred to as the "deposit ".
3. The amount of the deposit shall be computed by the City's Director of Public Works
by estimating the total cost of all uncompleted Required Public Improvements within
the block at the time application for building permit is made. The amount of the
deposit required by this alternative shall not be less than 25% of such estimate plus
the costs of extending all required sewer and water lines from nearest existing sewer
and water lines to the proposed building site for which a building permit is sought,
plus the costs of extending curb, gutter, sidewalk and paving from the edge of the
Subdivision or existing improvements of a like nature, whichever is closer, to the
proposed building site. In any case where the block, as later defined, exceeds one
thousand (1000) feet in length between intersecting streets, the estimate of the City
Director of Public Works under this paragraph may be reduced to the total costs of
all uncompleted Required Public Improvements in at least one half (' /z) of such
block, and the required deposit shall be based upon such decreased estimate. The
Subdivider, however, shall provide a turnaround of at least sixty (60') feet in
diameter at the mid -block point and barricade such street so that no through traffic
shall be permitted beyond the point to which the estimate of Director of Public
Works is based.
4. Within one hundred eighty (18 0) 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.
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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.
7. As a condition of approval of this Subdivision, and to meet the requirements of
Section 124-7 (J) of the 1971 Code of Ordinances, Subdivider specifically agrees
that no certificate of occupancy shall be issued by the Pueblo Regional Building
Department until the Required Public Improvements, or those improvements
necessary as determined by the City Director of Public Works, to totally serve
specific lot(s) or block(s) for which certificates of occupancy are sought have been
properly designed, engineered, constructed and accepted as meeting the
specifications and standards of the City.
The restrictions on issuing certificates of occupancy contained in this Paragraph 7
and the restriction on the issuance of building permits contained in Paragraph S 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.
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 the 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
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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.
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
stotmwater drainage facilities, stormwater detention facilities, or maintenance and
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
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lot(s) or trac(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, 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.
y W10 W illiam Bernal.:'.
Subdivider
(SEAL) %
: 0 By: & d a _`80.0
O
G
��qTE O$G� O
� By:
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
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The foregoing instrument was acknowledged before me on
by William Bernal
Subdivider.
My commission expires:
� C. p
(SEAL) ::�OTAq�•:
CP •o
• G :
9T� FB O'O!
r0,
A
The foregoing instrument was acknowledged before me on June 13 , 2001
Al Guru 1 e , as President of City Council, and
,i na Dutch , as City Clerk of the City of Pueblo,
G
My Commission ExpiM SM43
city
STATE OF COLORADO )
) ss.
COUNTY OF COLORADO )
ll-�
Notary blic
aMunigipal Corporation
Council
`,. A
commission expires: August 21, 2003
tart' Public
APPROVED AS TO FORM:
I,..:
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Subdivision Improvements Agreement
Exhibit A
Legal:
A parcel of land located in part of the E 1h of the N 1 /2 of the N 1 /2 of the NE 1 /4 of the NE
1 /4 of Section 27, Township 20 South, Range 65 West of the a P.M., County of Pueblo,
State of Colorado. More Particularly as follow:
Beginning at a point on the West line of the E 1 /2 of the N 1 /2 of the N 1 /2 of the NE 1 /4 of
the NE 1 /4 of Section 27, from which the Southwest comer of the E 1 /2 of the N 1 /2 of the
NE 1 /4 of the NE 1 /4 bears S OOd17' 17" W, 140.00 feet; thence continuing along the west
line of the E 1 /2 of the N 1 /2 of the NE 1 /4 of the NE 1 /4N 00d 17'1'P' E, 160 feet, thence
90dOO'OO ", 315.00 feet to a point; thence S OOd17' 17" W, 160.00 feet to a point on the
South line of the E 1 /2 of the N 1 /2 of the NE 1 /4 of the NE 1 /4; thence 90d00'00" W, along
the South line of the E 1 /2 of the N 1h of the NE 1 /4 of the NE 1 /4, 315.00 feet to the point of
beginning, containing 1.16 acres.
1389239 06/22/2001 10:27A SUBD AG Chris C. Munoz
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'Subdivision Improvements Agreement
Exhibit B
SUBDIVISION NAME: Benral Estates
DEVELOPER: William Bernal
ENGINEER: RG Consulting Engineers, Inc.
Itemization of Public Improvements
Sewer Services
Water Services
Asphalt Patch
(Use Unit Prices Approved by Public Works in Preparation of Exhibit "B")
Item
Unit
Quantity
Cost
Total
Sewer Service
E.A
2
$775.00
$1,550.00
Water Service
E.A.
2
$500.00
$1,000.00
Asphalt Overlay
Ton
34.6
$ 36.00
$1,245.60
Asphalt Patch (4')
C.Y.
13
$ 30.00
$ 390.0
on Class 6 Base Coarse
Total $4,185.60
This is an estimate only. Actual construction costs may vary.
PREPARED BY: Robert D. Just
FIRM: RG Consulting Engineers, Inc.
Reviewed by:
City of Pueblo AAA
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