HomeMy WebLinkAbout06606Reception 1362657
12/18/2000
ORDINANCE NO. 6606
AN ORDINANCE APPROVING THE PLAT OF GRISHAM SUBDIVISION
BE ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that
SECTION 1.
The final plat of Grisham Subdivision, being a subdivision of land legally described
as follows:
Those parcels described in that Correction Warranty Deed filed for record May
15, 2000, as Reception No. 1333210 in the records of the Pueblo County Clerk
and Recorder which reads as follows:
All that portion of the Southwest corner of Section 33, Township 20 South,
Range 65 West of the 6th P.M. bounded and described as follows:
Commencing at a stone, being the Southeast corner of Section 33, Township 20
South, Range 65 West of the 6th P.M., County of Pueblo, State of Colorado;
Thence westerly along the Section line between Section 33, Township 20 South,
Range 65 West and Section 4, Township 21 South, Range 65 West of the 6th P.M.,
a distance of 3501.27 feet to a point; thence Northerly at an angle of 90 °00' to the
right, a distance of 23.0 feet to the Point of Beginning; said point of beginning being
on the North right of way line of County Road;
thence continuing Northerly, a distance of 295.17 feet to a point;
thence Westerly at an angle of 90 °00' to the left, a distance of
295.17 feet to a point; said point being on the North right of way line of the
County road; thence Easterly at an angle of 90 °00' to the left along the North
right of way line of the County road, a distance of 295.17 feet to the Point of
Beginning.
EXCEPTING THEREFROM the East 134.20 feet in width, more particularly
described in that certain Warranty Deed recorded in Book 825 at Page 406 of the
Pueblo County Records.
ALSO that portion of the Southwest 1/4 of Section 33, Township 20 South, Range
65 West of the 6th P.M., bounded and described as follows:
COMMENCING at a stone, being the Southeast corner of Section 33, Township
20 South, Range 65 West of the 6th P.M.; thence Westerly along the Section line
between Section 33, Township 20 South, Range 65 West of the 6th P.M. and Section
4, Township 21 South, Range 65 West of the 6th P.M., a distance of 3635.47 feet,
more or less to a point; thence Northerly 318.17 feet, more or less to a point,
which is the Point of Beginning; thence Westerly 160.97
feet, more or less to a point; thence Northerly 240.72 feet, more or less to a point
on the South right of way line of the Bessemer Ditch Company ditch; thence to the
right on an angle of 86 °21'30" in an Easterly direction along the South line of the
right of way of the Bessemer Ditch Company ditch, a distance of 161.29 feet,
more or less to a point; thence to the right in a southerly direction on an angle
of 93 °38'30" a distance of 250.96 feet, more or less to the point of beginning, County
of Pueblo, State of Colorado, said parcel contains 2.15 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 ease-
ments, public sites, parks and open spaces by the City does not obligate the City to maintain
or repair same until such streets, rights -of -ways utility and drainage easements, public sites,
parks 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 Pueblo Municipal Code,
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 improvements 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 liabilities 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
Pueblo Municipal Code, 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 Subdividor. No
vested rights shall accrue to the subdivision or be acquired until this Ordinance or the final
subdivision plat becomes effective.
� � P
40
ity Clerk
INTRODUCED Ootober 23, 2000
I�
of the City Council
PASSED AND APPROVED November 13 , 200
10/17/00
Reception 1362659
12/18/2000
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on _/Vo v cA&be r 99 2 6o 0 , between the CITY OF
PUEBLO, a Municipal Corporation ("City"), and John R Grisham and
Ruth N. Grisham
( "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
Grisham 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 (I) 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 XH of the 1971 Code of Ordinances, Subdivider is obligated
to provide security or collateral sufficient in the judgement of the City Council to make reasonable
provisions to construct and complete the Required Public Improvements.
NOW, THEREFORE, in consideration of the following mutual covenants and agreements,
the City and subdivider agree as follows:
1. Subdivider agrees within one hundred and eighty (180) days after applying for a
building permit to construct any building or structure on any building site within the
Subdivision, or upon the issuance of a- certificate of occupancy for any such building
or structure, whichever occurs first, to construct and install at its sole cost all of the
Required Public Improvements.
2. In lieu of installing the Required Public Improvements within the time period
prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any
portion thereof shall deposit cash or other collateral with the City Director of Finance,
or with any bank or trust company licensed in the State of Colorado, subject to an
escrow agreement approved by the City Attorney. The holder of such cash or
collateral shall pay all or any portion thereof to the City upon demand after the time
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1362659 12/18/2000 10:36A SUBD AG Chris C. Munoz
2 of 8 R 40.00 D 0.00 Pueblo Cty Clerk A 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 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 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. }
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1362659 12/18/2000 10:36A SUBD AG Chris C. Munoz
3 of 8 R 40.00 D 0 00 Pueb Cty Clerk & Rec
7. As a condition of approval of this Subdivision, and to meet the requirements of
Section 12-4 -7 (n 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.
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1362659 12/18/2000 10:36A SUBD AG Chris C. Munoz
4 of 8 R 40.00 D 0.00 Pueblo Ct.y Clerk 8 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,
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1362659 12/18/2000 10:36A SUBD AG Chris C. Munoz
5 of 8 R 40.00 D 0.00 Pueblo Cty Clerk & Ree
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.
(SEAL)
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
e forego' }g instrument was
by o N f� /sf / ,ijro
Subdivider
B cyt
G `hn R Gris in
By: ewn
Ruth N. Grisham
on ZYb 16 , �()o
, Subdivider.
My commission expires:
1
4L
Y
City Clerk
t
STATE OF Cog?
COUNTY OF COL nI D0 )
�-13 - 05
Notary Public
C P a Municipal Corporation
/ t
U
By: G
President of the Council
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1362659 12/18/2000 10:36A SUBD AG Chris C. Munoz
6 of 8 R 40.00 D 0.00 Pueblo Cty Clerk 8 Roc
The foregoing instrument was acknowledged before me on December 12 2000
by r , as President of City Council, and r i na Du t r h e r
'< /s 't Clerk of the City of Pueblo, Colorado.
0 .
¢i>�ussion fix' 8 -21 -2003
ry
otary Public
tj
(SEAL) OF co' -(6"
My Commission Expires 08121/2003
APPROVED AS TO FORM:
4 iA tto e
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1362659 12/18/2000 10:36A SUED AG Chris C. Munoz
7 of 8 R 40.00 D 0.00 Pueblo Cty Clerk & Roe
EXHIBIT A
A parcel of land located within a portion of the SW 1/4 of Section 33, Township 20
South, Range 65 West of the Sixth Principal Meridian being more particularly described
as follows:
Those parcels described in that Correction Warranty Deed filed for record May 15, 2000
as reception No. 1333210 in the records of the Pueblo County Clerk and Recorder which
reads as follows:
All thavortion of the southwest 1/4 of Section 33, Township 20 South, Range 65 West
of the 6 P.M., bounded and described as follows:
COMMENCING at a stone, being the Southeast corner of Section 33, Township 20
South, Range 65 West of the 6�' P.M., County of Pueblo, State of Colorado thence
westerly along the Section line between Section 33, Township 20 South, Range 65 West
and Section 4, Township 21 South, Range 65 West of the 6`" P.M., a distance of 3501.27
feet to a point; thence Northerly at an angle of 90 °00' to the right, a distance of 23.0 feet
to the POINT OF BEGINNING, said POINT OF BEGINNING being on the North right
of way line of County Road; thence continuing Northerly, a distance of 295.17 feet to a
point; thence Westerly at an angle of 90 °00' to the left, a distance of 295.17 feet to a
point; said point being on the North right of way line of the County road; thence Easterly
at an angle of 90 °00' to the left along the North right of way line of the County road, a
distance of 295.17 feet to the POINT OF BEGINNING.
EXCEPTING THEREFROM the East 134.20 feet in width, more particularly described
in that certain Warranty Deed recorded in Book 825 at Page 406 of the Pueblo County
Records.
ALSO that portion of the Southwest 1/4 of Section 33, Township 20 South, Range 65
West of the 6 P.M., bounded and described as follows:
COMMENCING at a stone, being the Southeast corner of Section 33, Township 20
South, Range 65 West of the 6 P.M.; thence Westerly along the Section line between
Section 33, Township 20 South, Range 65 West of the 6 P.M. and Section 4, Township
21 South, Range 65 West of the 6 P.M., a distance of 3635.47 feet, more or less to a
point; thence Northerly 318.17 feet, more or less to a point, which is the POINT OF
BEGINNING; thence Westerly 160.97 feet, more or less to a point; thence Northerly
240.72 feet, more or less to a point on the South right of way line of the Bessemer Ditch
Company ditch; thence to the right on an angle of 86 °21'30" in an Easterly direction
along the South line of the right of way of the Bessemer Ditch Company ditch, a distance
of 161.29 feet, more or less to a point; thence to the right in a southerly direction on an
angle of 93 °38'30" a distance of 250.96 feet, more or less to the POINT OF
BEGINNING, County of Pueblo, State of Colorado.
Said parcel contains 2.15 acres, more or less.
SUBDIVISION: GRISHAM SUBDIVISION
SUBDIVIDER: John Grisham
J.N.: 2000 -070
ITEM
QUANTITY
UNITS
PRICE
TOTAL
CONCRETE
6 'X 6" Sidewalk
287
SF
$3.20
$918.40
6 'X 4" Sidewalk
619
SF
$2.50
$1,548.00
Curb & Gutter
2
LF
$10.00
$20.00
4'X 4" Pan
393
SF
$2.50
$982.50
4 'X 7" Pan
120
SF
$3.80
$456.00
Sub -total
SANITARY SEWER
$3,924.90
Service line
1
EA
$1,033.00
$1,033.00
Sub -total
DETENTION & DRAINAGE
$1,033.00
Detention pond wall
720
I
SF
I 1
$2.00
$1,439.88
Sub -total
1 $1,439.88
SUB -TOTAL
Miscellaneous Contingencies a@ 15%
GRAND TOTAL
$6,397.78
$959.67
$7,357.45
Prepared By:
Checked By:
Firm:Mangini & Associates Inc.
Reviewed By�, &A7A.
City of Pueblo
- 3 - 5 f
Date: November 28,2000
Date:
Date: /�L -0.00
1 111111 Hill 111111 111111111111111111111111111111 11 111 1
1362639 12/18/2000 10:36A SUBD AG Chris c.Muro
8 of 8 R 40.00 D 0.00 Pueblo Cty Clerk & Roe
Reception 1362660
12/18/2000
RATIFICATION OF PLAT
FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by
a deed of trust recorded March 8, 2000 at Instrument No. 1323310 does hereby ratify and
consent to the subdivision of land platted as Grisham Subdivision shown on the
Subdivision Plat recorded at Reception No. /3CG, 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 the Subdivision Plat to any Subdivision
Improvements Agreement and Addendum thereto between the Subdivider and the City of
Pueblo executed in conjunction therewith.
Signed this
day of ��/ , 2000.
Centennial' Bath(of
Lo
Title: .��a /D rll
STATE OF COLORADO)
COUNTY OF PUEBLO)
S.S.
The for going instrument w acknowl dged ore me
this % �C day of O 1/ , 2000 by� ,eff� 17 06Fas lSiDE 7 of
Centennial Bank of Blende.
My Commission Expires (' - G - 3
6 .
CARk �
i
otary Public
Reception 1362661
12/18/2000
RATIFICATION OF PLAT
FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by
a deed of trust recorded April 22, 1998 at Instrument No. 1215127 does hereby ratify and
consent to the subdivision of land platted as Grisham Subdivision shown on the
Subdivision Plat recorded at Reception No. / 2>tpQJo5P 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 the Subdivision Plat to any Subdivision
Improvements Agreement and Addendum thereto between the Subdivider and the City of
Pueblo executed in conjunction therewith.
Signed this 2 � Y� day of W&eW4� ' 2000.
of
STATE OF COLORADO)
COUNTY OF PUEBLO)
S.S.
Title:
The fo going instrument w acknowle ged re me
this k day of b 1/ 2000 by / D Eg Ao,€ir - f of
Centennial Bank of Blende.
My Commission Expires C, ` 13
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otary Public /