HomeMy WebLinkAbout06645Reception 1418241
12/28/2001
ORDINANCE NO. 6645
AN ORDINANCE APPROVING THE PLAT OF LUKAS FAMILY
SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Lukas Family Subdivision, being a subdivision of land
legally described as:
Lot 1, Block 1, of Big "O" Tires Subdivision, as shown on a plat recorded in the
Pueblo County Clerk's Office June 9, 1999, Reception No. 1283321, County of
Pueblo, State of Colorado, said parcel contains 1.20 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
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.
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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.
f
ATTE_- Vf:
' C�ty-C1`erk
INTRODUCED J a n i 1 a r,y 8, 2001
BY Corinne Koehler
Cour#cilmember
r!
APPROVED
,p sident of the Council
PASSED AND APPROVED January?, ZM
12/29/00
Reception 1418243
12/28/2001
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on b2v 3 , 2001, between the CITY OF PUEBLO,
a Municipal Corporation ( "City "), and
THE LUKAS FAMIL Y LIMITED PARTNERSHIP. A COLORADO LIMITED
PARTNERSHIP ( " 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
LUKAS FAMILY 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:
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 this 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 to complete all
Required Public Improvements by Subdivider or subsequent owner
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expires. Such deposit or escrow agreement shall be referred to as the
"deposit ".
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 cost 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 (1/2) 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 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 form 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
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.
S. 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 specification, 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 blocks 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
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ChrisC.Munoz PuebloCt
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.
10. For purpose 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 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 id 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" 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.
4
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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 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.
(SEAL)
The Lukas Family Limited
Subdivider Partnership, a
Colorado limited
partnership
Margaret . Lukas, Limited Partner
The Lukas F ily Limited Partnership
STATE OF COLORADO) A Colorado Limited Partnership
)SS.
COUNTY OF BOULDER)
The foregoing instrument was acknowledged before me on , '� C � ' 3
2001, by MARGARET L. LUKAS, A LIMITED PARTNER, THE LUKAS
FAMILYLIMITED PARTNERSHIP, A COLORADO LIMITED
PARTNERSHIP Subdivider.
My Commission Expires: , --1 _� -
Notary P blic
(SEAL)
CITY OF PUEBLO, a Municipal Corporation
<Momm. Expires 03/13/2003
/r � •v
�i
In
city
LVf
,.
STATE OF COLORADO)
)SS.
COUNTY OF PUEBLO)
The foregoing instrument was acknowledged before me on
2001, by t- `r.< -z (�_ , as President of City Council, and
:« E�� ft , as City Clerk of the City of Pueblo,
Colorado.
My Commission Expires: 3 '/ - -) < ( /
(SLAL)
APPROVED AS TO FORM:
City Attorn
7 � ,
] ytary Public
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40.00 2928 D 00 00 01:0*
t.I+I :I ski
r ,
\
My Commission Expires: 3 '/ - -) < ( /
(SLAL)
APPROVED AS TO FORM:
City Attorn
7 � ,
] ytary Public
1418243
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40.00 2928 D 00 00 01:0*
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 1, Big "O" Tires Subdivision, County of Pueblo, State of Colorado.
Said Parcel contains 1.23 acres, more or less.
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Subdivider: THE LUKAS FAMILY PARTNERSHIP,
A COLORADO LIMITED PARTNERSHIP
J.N.: 2000 -283
GRAND TOTAL $5 558.53
Prepared By: Jennifer E. Powell
Checked By: J. Frank Cordova
Firm: Mangini & Associates, Inc.
Reviewed B '' ' —'`
y: . � � �' � „ �, Date:
City of Pueblo
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LUKAS FAMILY SUBDIVISION
ITEM
QUANTITY UNITS
PRICE
TOTAL
GRADING
Grading Cut & Fill
500
CY $2.00
$1 000.00
DRAINAGE
Rip Rap
66.67
CY $50.00
$3,333.50
WATER
Service Line
1
EA
$500.00
$500.00
SUB -TOTAL
$4,833.50
Misc. Contingencies (a) 15%
$725.03
GRAND TOTAL $5 558.53
Prepared By: Jennifer E. Powell
Checked By: J. Frank Cordova
Firm: Mangini & Associates, Inc.
Reviewed B '' ' —'`
y: . � � �' � „ �, Date:
City of Pueblo
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Rerception 1418244
12/28/2001
DRAINAGE EASEMENTS FOR LUKAS FAMILY SUBDIVISION
THIS DECLARATION OF COVENANTS is made as of NOVEMBER 23, 2001 by
Margaret L. Lukas, Limited Partner, The Lukas Family Partnership, A Colorado Limited
Partnership, 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 private sanitary sewer, drainage, utility, and
ingress & egress improvements as shown on plat, 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 LUKAS FAMILY SUBDIVISION
"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:
Purpose The purpose of the covenants and provisions of this Declaration
C R 15.00 D 0. 00
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 ffect 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 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 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.
DECLARAN�
Margaret L. Lukas, Limited Partner
The Lukas Family Partnership
A Colorado Limited Partnership
COUNTY OF BOULDER )
SS.
STATE OF COLORADO 1
V A
The foregoing instrument was acknowledged before me this day of
/a V , 2001 by Margaret L. Lukas, Limited Partner, The Lukas Family
Partnership, A Colorado limited partnership.
Witness my hand and official seal.
My commission expires: S - I' -- 0'2,
[ SEAL ]
icy Comm. Expires 03113/2003
Notary Public
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Reception 1418245
12/28/2001
NOTICE OF SHALLOW SANITARY SEWER SERVICE LINES
Notice is hereby given to the owner(s) of Lot 2, Lukas Family Subdivision,
Pueblo County, Colorado, and their heirs, personal representatives, successors and
assigns, that sanitary sewer service to the basements of these lots may require a pumping
system due to the elevation of the sanitary sewer line in the street or public right of way.
This notice is dated j.. � r' , 2001.
Subdivider: / _
Margaret L! ukas, Limited Partner
The Lukas Fa ily Limited Partnership
A Colorado Limited Partnership
COUNTY OF BOULDER )
SS
STATE OF COLORADO
f .{
The foregoing instrument was acknowledged before me this � ,� day of
` i. c ),., 1 c : , 2001 by Margaret L. Lukas, Limited Partner, The Lukas Family
Limited Partnership.
Witness my hand and official seal.
My Commission Expires: ' 2) _ C
[ SEAL ]
icy Comm.
Notary ub is