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HomeMy WebLinkAbout06678Reception 1412511 11/21/2001 ORDINANCE NO. 6678 AN ORDINANCE APPROVING THE PLAT OF WESTRIDGE SUBDIVISION FILING NO. 6 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: 4RC'.TTON 1 _ The final plat of Westridge Subdivision Filing No. 6, being a subdivision of land legally described: Beginning at the Northwest corner of Lot 3, Block 4 in Westridge, Filing No. 5, according to the recorded plat thereof, filed for record October 18, 2000; thence N.03° 09'05" E., along the East boundary line of a tract of land conveyed to the Pueblo Board of Water Works by deed recorded in Book 1478 at Page 443 of the Pueblo County records, a distance of 313.93 feet, to the Northeast corner of said tract of land; thence N. 89° 55'28" W. along North boundary line of said tract of land, a distance of 39.80 feet to the centerline of a power easement, being 20 feet in width, conveyed by deed recorded in Book 1551 at Page 587 of the said County records; thence N. 03° 09'05" E., along said easement centerline, a distance of 305.37 feet; thence S. 86° 48'59" E., a distance of 210.25 feet; thence S. 03° 11'01" W., a distance of 13.55 feet; thence S. 89° 55' 28" E., a distance of 892.98 feet to a point on the West boundary line of Westridge Filing No. 1, according to the recorded plat thereof, filed for record July 3, 1995; thence S. 00° 13'50" E., along side West subdivision boundary line, a distance of 16.17 feet to the Northwest corner of Westridge, Filing No. 2, according to the recorded plat thereof, filed for record April 18, 1996; thence S. 00° 13' 50" E., along the West subdivision boundary line of said Filing No. 2, a distance of 60.00 feet to the North line of Westridge, Filing No. 3, according to the recorded plat thereof, filed for record October 27, 1997; thence along the boundary of said Filing No. 3 the following two (2) courses: 1. S. 89 0 46'10" W., a distance of 30.00 feet; 2. S. 00 13'50" E., a distance of 549.65 feet to the Northerly corner of Lot 17, Block 2 in said Westridge, Filing No. 5; thence along the Northerly subdivision boundary line of said Westridge, Filing No. 5 the following eleven (11) courses; 1. S. 89 46' 10" W., a distance of 385.78 feet; 2. N. 00° 04' 31" E,, a distance of 20.46 feet; 3. N. 89 55'29" W., a distance of 29.74 feet; 4. N. 62 58'14" W., a distance of 33.95 feet; 5. N. 89 55' 28" W., a distance of 116.23 feet; 6. Northwesterly, along the arc of a curve to the right, whose center bears N. 64° 07' 52" E. and whose radius is 320 feet, a distance of 16.93 feet; 7. S. 67 09' 43" W., a distance of 166.34 feet; 8. N. 25 30'42" W., a distance of 24.83 feet; 9. N. 86 48' 59" W., a distance of 166.75 feet; 10. N. 03 11' 01" E., a distance of 7.41 feet; ChrisC.Munoz Pueb1oCtyC1k &Rec ORD R 15.00 0 0.00 11. N. 86 48' 59" W., a distance of 170.16 feet to the Point of Beginning. Containing 15.193 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. M M ra"Al hil W 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. 4FC..TTON I 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 enforcement 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 requirements 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. e INTRODUCED: April 9 2001 • , ENT OF CITY COUNCIL � ATTESTED B:: ITY CLERK PASSED AND APPROVED: Sri 1 231 23 , 2001 Reception 1412513 11/21/2001 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on A M �% 4 ,-, 1 , 2.0 0 1 , between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and Horizon Communities Inc., A Colorado Corporation ( "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 Westridge, Filing No 6 ( "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 DPW 101 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 ". 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 (' /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 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. 1412513 Page: 2 of 17 11/21/2001 02:021 ChrisC.Munoz PuebloCtyC1k &Rec SUBD AG R 85.00 D 0.00 DPW 101 2 10/21/98 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 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 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 1412513 page: /21 /2001 02:021 ChrisC.Munoz Puebl0CtyC1k &Rec SUBD AG R 85.00 D 0.00 DPW 101 3 10/21/98 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 the 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 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 is 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 1412513 Page: 4 of 17 ChrisC.Munoz PuebloCtyCI Mec SUED AG R 85.00 1/21D20 00 2.021 DPW 101 4 10/21/98 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 it 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. Horizon Communities Inc., A Colorado Corporation Subdivider (SEAL) By: Robert W. Leach, President By: STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) 1412513 Page: 5 of 17 11/21/2001 02:021 ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 85.00 D 0.00 DPW 101 10/21/98 The foregoing instrument was acknowledged before me on A w► %h by Robert W. Leach, President of Horizon Communities, Inc., A Colorado Corporation Subdivider. commission expires: — 11 lol2,p0 y, X AOT AID y %too) NoNo ry Public . (SEA4 -j -� pU191-10 ,'V C� CIT f PUEB O, a Municipal Corporation OF CO / V Comm. Expires 07/10/2002 By: L4y r y ` tAe- Council 1 C `4 1 O Ci erk STATE OF COLORADO COUNTY OF PUEBLO ) �.� 0 The foregoing instrument was acknowledged before me on November 9 2001 by Al Gurul e , as President of City Council, and Gina Dutcher , as City Clerk of the City of Pueblo, Colorado. My commission expires: 8 -21 -2003 n o Public l (SEAL) APPROVED AS TO FORM: C City Attome 1412513 Page: 6 of 17 11/21/2001 02:021 ChrisC.Munoz PuebloCtYClk &Reo SUBD AG R 85.00 D 0.00 DPW 101 10/21/98 EXHIBIT A LAND DESCRIPTION OF PROPOSED WESTRIDGE, FILING NO. 6: A parcel of land in the SE 1 /4 of the SW 1 /4 of Section 11, Township 20 South, Range 65 West of the 6 P.M. in the County of Pueblo, State of Colorado and being more particularly described as follows: Considering the South line of the SE 1 /4 of the SW 1 /4 of Section 11, Township 20 South, Range 65 West of the 6 P.M. to bear N. 89 0 56'04" W. and all bearings contained herein being relative thereto. Beginning at the Northwest corner of Lot 3, Block 4 in Westridge, Filing No. 5, according to the recorded plat thereof, filed for record October 18, 2000; thence N. 03 0 09'05" E., along the East boundary line of a tract of land conveyed to the Pueblo Board of Water Works by deed recorded in Book 1478 at Page 443 of the Pueblo County records a distance of 313.93 feet, to the Northeast corner of said tract of land; thence N. 89 0 55'28" W. along North boundary line of said tract of land, a distance of 39.80 feet to the centerline of a power easement, being 20 feet in width, conveyed by deed recorded in Book 1551 at Page 587 of the said County records; thence N. 03 0 09'05" E., along said easement centerline, a distance of 305.37 feet; thence S. 86 0 48'59" E., a distance of 210.25 feet; thence S. 03 0 11'01" W., a distance of 13.55 feet; thence S. 89 0 55'28" E., a distance of 892.98 feet to a point on the West boundary line of Westridge Filing No. 1, according to the recorded plat thereof, filed for record July 3, 1995; thence S. 00 0 13'50" E., along said West subdivision boundary line, a distance of 16.17 feet to the Northwest corner of Westridge, Filing No. 2, according to the recorded plat thereof, filed for record April 18, 1996; thence S. 00 0 13'50" E., along the West subdivision boundary line of said Filing No. 2, a distance of 60.00 feet to the North line of Westridge, Filing No. 3, according to the recorded plat thereof, filed for record October 27 1997; thence along the boundary of said Filing No. 3 the following two (2) courses: 1. S. 89 0 46'10" W., a distance of 30.00 feet; 2. S. 00 0 13'50" E., a distance of 549.65 feet to the Northerly corner of Lot 17, Block 2 in said Westridge, Filing No. 5; thence along the Northerly subdivision boundary line of said Westridge, Filing No. 5, the following eleven (11) courses: 1. S. 89 0 46'10" W., a distance of 385.78 feet; 2. N. 00 0 0431" E., a distance of 20.46 feet; 3. N. 89 0 55'29" W., a distance of 29.74 feet; 1412513 Page: 7 of 17 11/21/2001 02:021 ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 85.00 D 0.00 4. N. 62 0 58'14" W., a distance of 33.95 feet; 5. N. 89 0 55'28" W., a distance of 116.23 feet; 6. Northwesterly, along the arc of a curve to the right, whose center bears N. 64 0 07'52" E. and whose radius is 320 feet and, a distance of 16.93 feet; 7. S. 67 0 09'43" W., a distance of 166.34 feet; 8. N. 25 0 30'42" W., a distance of 24.83 feet; 9. N. 86 0 48'59" W., a distance of 166.75 feet; 10. N. 03 0 11'01" E., a distance of 7.41 feet; 11. N. 86 0 48'59" W., a distance of 170.16 feet to the Point of Beginning. Containing 15.193 acres. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 Street Pueblo, CO 81003 December 20, 2000 IN 99 097 04 1412513 11/21 /2001 02:021 ChrisC.Munoz PuebloCtyG1k &Reo SUBD AG R 85.00 D 0.00 i SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: DEVELOPER: ENGINEER: WESTRIDGE, FILING NO. 6 HORIZON COMMUNITIES INC. NORTHSTAR ENGINEERING AND SURVEYING, INC. WIDENER PHASE I: STREETS 3" Asphalt over 16" Base Course Curb and Gutter (Mod. Ramp) Temporary turn - around (3" thick) SANITARY SEWER: 8" PVC Sewer Main 48" Manholes Services 1178 SY @ $27.50 /SY = 630 LF @ $10.00 /LF = 314 SY @ $7.43 /SY = 309 LF @ $32.00 /LF = 1 EA @ $2,202.00 /EA = 12 EA @ $787.00 /EA = $32,395 $6,300 $2,333 $9,888 $2,202 $9,444 WATER 16" PVC Water Main Services STREET LIGHT 313 LF @ $40.00 /LF = 12 EA @ $500.00 /EA = 1 EA @ $1,300.00 /EA = $12,520 $6,000 $1,300 TOTAL WIDENER STREET PHASE I $82,382 1412513 Page: 9 of 17 11/21/2001 02:021 ChrisC.Munoz PuebloCtvC1k &Rec SUBD AG R 85.00 D 0.00 2 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: DEVELOPER: ENGINEER: SETTLERS DRIVE PHASE I: STREETS 3" Asphalt over 18" Base Course Curb and Gutter (Mod. Ramp) Handicap Ramp (2) SANITARY SEWER: 8" PVC Sewer Main 48" Manholes Services WATER 8" PVC Water Main Service MONUMENT BOX STREET LIGHT BARRICADES STORM 18" RCP Pipe 24" RCP Pipe Type 1 -B Manhole Type "S" Inlet L =8' Type "S" Inlet L =18' Type "S" Inlet L =12' 6" concrete overflow pan STREET SIGNS WESTRIDGE, FILING NO. 6 HORIZON COMMUNITIES INC. NORTHSTAR ENGINEERING AND SURVEYING, INC. 1112 SY @ $29.50 /SY = $32,804 595 LF @ $10.00 /LF = $5,950 244 SF @ $3.50 /SF = $854 301 LF @ $32.00 /LF = $9,632 2 EA @ $2,202.00 /EA = $4,404 6 EA @ $787.00 /EA = $4,722 300 LF @ $40.00 /LF = $12,000 5 EA @ $500.00 /EA = $2,500 1 EA @ $575.00 /EA = $575 2 EA @ $1,300.00 /EA = $2,600 1 EA @ $825.00 /EA = $825 28 L. F. @ $36.00 /LF = $1,008 295 L. F. @ $48.00 /LF = $14,160 3 EA. @ $2,000.00 EA. _ $6,000 1 EA. @ $3,400.00 EA. _ $3,400 1 EA. @ $6,400.00 EA. _ $6,400 1 EA. @ $4,600.00 EA. _ $4,600 2283 SF @ $3.20 /SF = $7,306 1 EA @ $300.00 /EA = $300 TOTAL SETTLERS DRIVE PHASE I $120,040 1412513 11/21/2 2 021 00 i 5.00 / 00 ChrisC.Munoz PuebloCtyClk &Rec SUB/ AG R S SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WESTRIDGE, FILING NO. 6 DEVELOPER: HORIZON COMMUNITIES INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. WIDENER PHASE II: STREETS 3" Asphalt over 16" Base Course 1130 SY @ $27.50 /SY = $31,075 Curb and Gutter (Mod. Ramp) 477 LF @ $10.00 /LF = $4,770 Handicap Ramp (4) 488 SF @ $3.50 /SF = $1,708 WATER 16" PVC Water Main 304 LF @ $40.00 /LF = $12,160 Services 6 EA @ $500.00 /EA = $3,000 Fire Hydrant Assembly 1 EA @ $2,700.00 /EA = $2,700 SANITARY SEWER: 8" PVC Sewer Main 300 LF @ $32.00 /LF = $9,600 48 Manholes 1 EA @ $2,202.00 /EA = $2,202 Services 6 EA @ $775.00 /EA = $4,650 STREET LIGHT 1 EA @ $1,300.00 /EA = $1,300 MONUMENT BOX 1 EA @ $575.00 /EA = $575 BARRICADES 1 EA @ $825.00 /EA = $825 STORM 36" RCP Pipe 142 L. F. @ $72.00 /LF = $10,224 STREET SIGNS 1 EA @ $300.00 /EA = $300 TOTAL WIDENER STREET PHASE II $85,089 1412513 111 111111111111111111111 11 13921/2001f 02 ?021 ChrisC.Munoz Puebl0CtvC1k &Rec SUBD AG R 85.00 D 0.00 12 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WESTRIDGE, FILING NO. 6 DEVELOPER: HORIZON COMMUNITIES INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. SETTLERS DRIVE PHASE II: STREETS 3" Asphalt over 18" Base Course 456 SY @ $29.50 /SY = $13,452 Curb and Gutter (Mod. Ramp) 244 LF @ $10.00 /LF = $2,440 Handicap Ramp (2) 244 SF @ $3.50 /SF = $854 WATER 8" PVC Water Main 148 LF @ $40.00 /LF = $5,920 Fire Hydrant Ass'y 1 EA @ $2,700.00 /EA = $2,700 Services 1 EA @ $500.00 /EA = $500 STORM 36" RCP Pipe 166 L. F. @ $72.00 /LF = $11,952 TOTAL SETTLERS DRIVE PHASE II $37,818 14'125'13 11921 /2 001 1 / 2001 02i I 111 ChrisC.Munoz PuebloCtyClk &Rec SUBD RG R 85.00 D 0.00 13 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WESTRIDGE, FILING NO. 6 DEVELOPER: HORIZON COMMUNITIES INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. LONGHORN DRIVE PHASE II: STREETS 3" Asphalt over 16" Base Course 722 SY @ $27.50 /SY = $19,855 3" Asphalt over 15" Base Course 1120 SY @ $26.50 /SY = $29,680 3" Asphalt over 12" Base Course 2481 SY @ $23.50 /SY = $58,304 Curb and Gutter (Mod. Ramp) 1803 LF @ $10.00 /LF = $18,030 WATER 53 LF @ $30.00 /LF = $1,590 8" PVC Water Main 956 LF @ $40.00 /LF = $38,240 Service 26 EA @ $500.00 /EA = $13,000 Fire Hydrant Ass'y 1 EA @ $2,700.00 /EA = $2,700 SANITARY SEWER: 6 CY @ $50.00 /LF = $300 8" PVC Sewer Main 778 LF @ $32.00 /LF = $24,896 48" Manholes 3 EA @ $2,202.00 /EA = $6,606 Services 26 EA @ $775.00 /EA = $20,150 STORM SEWER Type "W" inlet (12') 1 EA @ $4,600.00 /EA = $4,600 Type "S" inlet (8') 1 EA @ $3,400.00 /EA = $3,400 Type "S" inlet (4') 1 EA @ $2,200.00 /EA = $2,200 Type I -C Manhole 3 EA @ $2,500.00 /EA = $7,500 15" RCP Pipe 53 LF @ $30.00 /LF = $1,590 18" RCP Pipe 7 LF @ $36.00 /LF = $252 34 "X53" RCP Pipe 267 LF @ $98.00 /LF = $26,166 42" RCP Pipe 177 LF @ $78.00 /LF = $13,806 RIP RAP PAD 6 CY @ $50.00 /LF = $300 STREET LIGHT 4 EA @ $1,300.00 /EA = $5,200 MONUMENT BOX 1 EA @ $575.00 /EA = $575 BARRICADES (L =16') 1 EA @ $825.00 /EA = $825 TOTAL 19TH STREET PHASE II $297875 TOTAL PHASE II: $420,782 1412513 Page: 14 of 17 11/21/2001 02:021 ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 85.00 D 0.00 TOTAL PHASE I: $342,722 TOTAL PHASE II: $420,782 GRAND TOTAL $763,503 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: MLC FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC. REVIEWED BY: �" CITY OF PUEBLO 1412513 Page: 15 of 17 11/21/2001 02:021 ChrisC.Munoz PuebloCtyC1k&Rec SUBD AG R 85.00 D 0.00 15 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This addendum shall be incorporated in and become a part of the Subdivision Improvements Agreement for the WESTRIDGE, FILING NO. 6 and enforceable as provided in said Subdivision Improvements Agreement. 1. The Subdivider will develop WESTRIDGE, FILING NO. 6 in separate phases to be identified herein as Phase I and Phase II. 2. Phase I shall consist of the following lots within the subdivision: Lots 26 thru 44 in Block 2, Lots 5 thru 10, Lots 15 thru 19 and Parcel A in Block 3, Lots 4 thru 9 in Block 4, 3. Phase II shall consist of the following lots within the subdivision: Lots 45 thru 69 in Block 2, Lots 11 thru 14 in Block 3, Lots 10 and 11 in Block 4, Lots 1 and 2 in Block 5. 4. The Subdivider shall construct and install all of public improvements in the manner and as described in the Subdivision Improvements Agreement needed and required to serve the lots within each Phase. 5. For purposes of determining the extent and timing of the required public improvements, each Phase shall be considered as a separate subdivision and an event requiring completion of the improvements in one Phase will not require completion of improvements in the other Phase. 6. When the Subdivider completes the subdivision requirements and public improvements for each Phase, the City will release the Lots in that Phase from this agreement as if each Phase was a separate and distinct subdivision. 7. The Subdivision Improvements Agreement as amended by this Addendum shall remain in full force and effect and the covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of City and Subdivider and their respective heirs, personal representatives, successors, and assigns. 1412513 Page: 16 of 17 ChrisC.Munoz Pueb10CtyC1k &Rec SUBD AG R 85.00 1/21 2.02E 16 Executed at Pueblo, Colorado as of \h 5 �• s t- 1 S �� O Horizon Communities, Inc. A Colorado Corporation Subdivider By: C zJ GEC Robert W. Leach, President By: STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledge before me this 1'7T u day of vA c,,,v► - r 1 , by Robert W. Leach, President of Horizon Communities, Inc., A Colorado Corporation Subdivider. L p:.rr 9 � ®TARP —•— o � m. PU OF CO My Comm. Expires 07/10/2002 My Commission expires - 1 2 0 oz. Nevo - o ) Go L0#Lt b j - ( 81up1 Notary Public City of Pnehln 0 'I 4'I 25 i 3 1192112001f 02 021 ChrisC.Mun0 PuebI0CtYClk6Rec SUBD AG R 85.00 D 0.00 17