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HomeMy WebLinkAbout06841Reception 1470530 11/20/2002 ORDINANCE NO. 6841 AN ORDINANCE APPROVING THE PLAT OF BONFORTE PARK SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Bonforte Park Subdivision, being a subdivision of land legally described as: A certain parcel of land, being a part of Block 28, of Belmont Eleventh Filing, according to the recorded plat thereof, filed for record August 3, 1955, more particularly described as follows: Beginning at the Northeasterly corner of the said Block 28, said point being the Southwesterly corner of the intersection of Bonforte Blvd. And Horseshoe Drive; thence N. 55 0 55'40 "W., along the Northerly line of the said Block 28, a distance of 290.00 feet; thence S. 32 a distance of 125 feet to a point, thence Southeasterly and parallel to the South line of Horseshoe Drive a distance of 290.00 feet, more or less, to the Easterly line of the said Block 28, thence Northerly along the Easterly line of said Block 28 to the point of beginning. County of Pueblo, State of Colorado. Morton L. Levitch Trust, DTD 2/13/96 , being the sole owner of the following described parcel of land: Portion of Block 28, Belmont Eleventh Filing, Described as beginning at the Northeasterly corner of Block 28, thence 55 0 55'40" W 290.00 feet; thence S 32 348.69 feet; thence S 34'01'W 223.18 feet; thence S 64 271.64 feet to the East line of Block 28; thence Northeasterly along the East line said Block 542.57 feet to the Point of Beginning, Less tract 151 feet by 160 feet on East line of Block 28 conveyed to Metropolitan Life Insurance Co. and Tract on Northeasterly 125 feet by 290 feet for Apartment Building. County of Pueblo, State of Colorado. Kenneth E. Kentner Revocable, Trust, being the sole owner of the following described parcel of land: A certain parcel of land, being a part of Block 28 of Belmont Eleventh Filing, more particularly described as follows: Commencing at the Northeasterly corner of the said Block 28, said point being the southwesterly corner of the intersection of Bonforte Boulevard and Horseshoe Drive; thence Southwesterly along the easterly boundary of the said Block 28, along the arc of a curve tot he left whose radius is 869.00 feet, a distance of 84.80 feet; thence 1111111111111111111111111111111111111111111111111111111 Page 2 of 5 ChrisC.Munoz Pueb1oCtyC1k &Reo ORD R 26.00 D 0.00 continuing along the said boundary of the said Block 28, along the arc of a curve to the right, whose radius is 666.78 a distance of 174.56 feet; thence continuing along said easterly boundary of the said Block 28, along the arc of a curve to the left, whose radius is 832.13 feet, a distance of 89.00 feet to the true point of beginning of the herein described parcel, which point is also the southeasterly corner of the tract described in Memorandum of Lease recorded May 9, 1967 in Book 1614 at page 443; thence continuing along the easterly line of said Block 28, along the arc of a curve to the left, whose radius is 832.13 feet, a distance of 51 feet; thence North 55 degrees 55'40" West, a distance of 160.00 feet; thence along the arc of a curve to the right, whose radius is 832.13 feet, a distance of 51.00 feet to the Southwesterly corner of said tract described in Book 1614 at page 443; thence South 55 degrees 55'40" East, along the southerly line of the tract described in Book 1614 at page 443, a distance of 160.00 feet to the true point of beginning. Pueblo County, State of Colorado. William R. Casey, Jr. and B. Dionne Casey, being the sole owner of the following described parcel of land: A certain Parcel of Land, being a part of Block 28, of Belmont Eleventh Filing, according to the recorded plat thereof, filed for record August 3, 1955, More Particularly described as follows: Commencing at the Northeasterly corner of the said Block 28, Said Point Being the Southwesterly corner of the Intersection of Bonforte Boulevard and Horseshoe Drive; thence southwesterly along the Easterly Boundary of the said Block 28, Along the Arc of a curve to the Left whose radius is 869.00 feet a distance of 84.80 feet; thence continuing along the said Boundary of the said Block 28, along the Are of a curve to the Right, whose Radius of 666.78 feet, a distance of 163.56 feet To The Point of Beginning of the herein described Parcel of Land; thence continuing along said Easterly Boundary of the said Block 28, along the Arc of a Curve to the Right whose Radius is 666.78 feet, a distance of 11.00 feet; thence continuing along said Easterly Boundary of the said Block 28, along the Arc of a Curve to the Left whose radius is 832.13 feet, a distance of 89.00 feet; thence N 55 0 55'40 "W., a distance of 160.00 feet; thence Northeasterly, Parallel to the said East Boundary of Block 28, along the Arc of a curve to the right whose radius is 832.13 feet, a distance of 89.00 feet; thence continuing parallel to the said East Boundary of said Block 28, along the Are of a Curve to the Left, whose radius is 666.78 feet, a distance of 11.00 feet; thence S 55 0 55'40 "E., a distance of 160.00 feet; To The Point of Beginning. County of Pueblo, State of Colorado. Total Parcel contains 3.54 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. 2. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 Page: 3 of 5 47 0530 SECTION ChrisC.Munoe PuebloCtyC1k &Reo ORD R 26.00 D 0.00 The ordinance is approved upon the following condition: A four to five foot 9 Ga. chain link fence with a top and bottom rail, be installed along that portion of Lot 2, Block 28, Belmont 11 Filing, that borders Belmont Park. SECTION 3. 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 4. 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 11111111111111111111111111111111111111111 147 0530 Chr 1111111111111i sC. eo ORD R 26.00 D 0.00 hriMun oz PuebloCtyClk &R Mun 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 5. 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. INTRODUCED: May 14, 2002 IIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIII 14® 053 @ 04 '- ChrisC.Munoz Puebl0CtYClk &Rec ORD R 26.00 D 0.00 v�� BY: Al Gurule 8 ��� . CO NCILPERSON APPROVED: ti PRESIDENT OF CITY COUNCIL ATTEST:- CI •CLERK PASSED AND APPROVED: May 28, 2002 IL Background Paper for Proposed ORDINANCE DATE: MAY 13, 2002 &-d- 4 &gq I AGENDA ITEM # 3;F ;9 i$aI'P, DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT /JIM MUNCH TITLE AN ORDINANCE APPROVING THE PLAT OF BONFORTE PARK SUBDIVISION ISSUE Shall City Council approve a request to subdivide this property of approximately 3.5 acres into four lots in an R -5 zone district? RECOMMENDATION The Planning and Zoning Commission voted 6 -0 to recommend approval of the plat subject to staff's recommendations. BACKGROUND The applicant is proposing to subdivide land into 4 individual lots in an R -5 zone district. The land has casually been sold off in unsubsidized pieces over the years. The subdivision will bring the land into compliance with Chapter 12 of the City Ordinances. FINANCIAL IMPACT None Reception 1470532 11/20/2002 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT is made on August 29 2002 , between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and &T Partnership #1, a Colorado general partnership; Mnr }nn r Levitrh TrL7at, mmn 2/13/96; Kenneth E. Kentne Rpyn( -AbiP, Tr,is+; Metropolitan, ( "Subdivider "). a Colorado Limited Liability Company 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 Bonforte Park Subdivision ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the 1971 Code of Ordinances; and WHEREAS, Subdivider is required by Section 12 -4 -7 (J) of the 1971 Code of Ordinances of the City to construct and install certain public improvements generally described in attached Exhibit "B" and shown on approved construction plans and documents on file at the office of the City's Director of Public Works ( "Required Public Improvements "); and WHEREAS, by Chapter 4, Title XII of the 1971 Code of Ordinances, Subdivider is obligated to provide security or collateral sufficient in the judgement of the City Council to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and Subdivider agree as follows: Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit ". DPW 101 10/21/98 III VIII IIIIIII III VIII IIII IIII 147053204 Chri IIIIIIIIIIIIII b10 ChrisC.Munoz PuebloCtyClk &Ree SU BD AG R 71.00 D 0.00 3. The amount of the deposit shah oe computed - by the Uity's Iirector 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 (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 from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recent 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. 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 DPW 101 2 10/21/98 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 147 0532 ChrisC.Munoz Pueb1oCtyC1k&Rec SUED AG R 71.00 D 0.00 Department until the Required Public Improvements, or those improvement 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 the 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 compete 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 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 DPW 101 3 10/21/98 IIIIII IIIII IIIIII IIIIII III IIIII (IIIIII III IIIII IIII IIII 147 0532 ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 71.00 D 0.00 alley, enclosed at either ena b y a streeTwMich intersects - both tiers oflots 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 therefore 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 therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges 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 attorney's fees. 14. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and 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. DPW 101 4 10/21/98 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 147 0532 ChrisC.Munoz PuebloCtYM &Rec SUBD AG R 71.00 0 0.00 The parties have caused this Agreementto be executed and attested by its duly authorized and acting officer. ��yy � , N�r�b�yiy Morton L. Levitch Tru DTD 2/ 3/96 Sub i� TARY '0U8L1G:• a By: I he'400 � acknowledged before me on a9 RX)a b Ch 4� Subdivider. Notary Public CITY OF , P BLO, a Municipal Corporation B President of City Council The foreaning instrument was acknowledged before me this 11th day of NnvamhPr V 2002 by Michael A. Occhiato as President of City Council, and as City Clerk of the City of Pueblo Colorado. M• Pj �c.� TA .•• •. S '•O qJ•.��G Witness my hand an @cil seal. . v My commission exp Fpfi COO [ SEAL] Notary Public My Commission Expires 08,21/2003 APPROVED AS TO FORM: City Attome DPW t01 5 10i21/98 STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) Y IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 147 0532 ChrisC.Munoz Pueb1oCtyC1k &Rec SUED AG R 71.00 D 0.00 The parties have caused this Agreement to be execute attested by its duly authorized and acting officer. HST Pa rtne rs hip 4 1, a Colorado general q% lk Su bdivider �artoership 16TAe�`O,,* J L R By. y: - o-o -o- B y : trument was acknowledged before me on 29 , .40o L.>`yi-kh ctss Gen eral iJ�rlet' D� �-h2 �l ff n ,�pSubdivider. �} 1 1 aC'.oIDrocto My commission' es:lol1T 1 up a � Ob � N CITY OF LO, a Municipal Corporation By: President of City Council The foregoing instrument was acknowledged before me this 11th day of November , 2002 by Michael A. Occhiato as President of City Council, Dijtrhpr as City Clerk of the City of Pueblo, Colorado. Witness my My [ SEAL] > , 'pT.4I .�F V official seals z Co' My Commission Expires 08(21/2003 APPROVED AS TO FORM: Ciry Attorney M'' &x � W-1 d 1 0 A W41 r4 A, w o, I w 1w IWA D DPW 101 j 10/21/98 STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) IIIIII VIII IIIIII IIIIII III VIII IIIIIII III VIII IIII IIII 147 7 of 14 ChrisC.Munoz PUeb1oCtyC1k&Rec SUBD AG R 71.00 D 0.00 Thal \ar MOM4 caused this Agreement to be executed and attested by its duly authorized NpTAR Subdivider The foregoing instrument was eZbR by 1,,�n�+h E. j before me My commission expires: 110� o�CSkau� Notary Public A Municipal Corporation 7� �zwi {rl President . City i STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrum^ nt was acknowledged before me this 11th day of Nnvemher 2002 by Michael A. Occ hiato as President of City Counci Pueblo, Colorado. .4 Witness my My commis [ SEAL] �,�pTAR� ;and official sehF OF CC My Commission Expires 001003 APPROVED AS TO FORM: ��- City Attorney DPW 101 10/21/98 5 Subdivider. as City Clerk of the City of I IIIIII VIII IIIIII IIIIII III VIII IIIIIII III VIII IIII IIII 147 8 of 14 ChrisC.Mun02 Pueb1oCtvC1k &Rec SUBD AG R 71.00 D 0.00 The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. ►�, .C. a C�ora�lo Su divider j M i 1 i Y C>171 P6t `l ' (SEAL) By: By: The foregoes instrument was acknowledged before me on ,4 1 , c 1 ,. <-f �9 Dopes , by tVl� -� co My commi Leslie A. c �► Biggs O 9 9� ATTEST: City STATE OF COLORADO COUNTY OF PUEBLO �- a �- �fo Notary Public ro 0 CITY OF P BLO, a iVlunicipal Corporation By: r I President of City Council At The foregoing instrument was ackmo,.vledg d before n__ this 11th day of November ,_2002 by Michael A. Occhiato President of City Council, Pueblo, Colorado. Witness my My commission [ SEAL] c.: ��• O 9j •.��G ¢ ofFcial seal. z BL; OF My Commission Expires 0812112063 APPROVED AS TO FORM: City Attorney as as City Clerk of the City of r FA DPW 101 10/21/98 Mangini & Associates Inc. 4718 N. Elizabeth St., Ste. A Pueblo, Colorado 81008 (719) 544 -0865 (719) 544- 0876Faz 1111111111111111111111111111111111111111111111111111111 147 9 of 14 ChrisC.Munoz PuebloCtyC1k6Rec SUBD AG R 71.00 D 0.00 LEGAL DESCRIPTION A certain parcel of land, being a part of Block 28, of Belmont Eleventh Filing, according to the recorded plat thereof, filed for record August 3, 1955, more particularly described as follows: Beginning at the Northeasterly corner of the said Block 28, said point being the Southwesterly comer of the intersection of Bonforte Blvd. and Horseshoe Drive; thence N. 55 °55'40 "W., along the Northerly line of the said Block 28, a distance of 290.00 feet; thence S. 3237'W., a distance of 125 feet to a point, thence Southeasterly and parallel to the South line of Horseshoe Drive a distance of 290.00 feet, more or less, to the Easterly line of the said Block 28, thence Northerly along the Easterly line of said Block 28 to the point of beginning. County of Pueblo, State of Colorado. Professi p"j 0 gUgjMCrA.&.L S eMo Mangini & Associates Inc. 4718 N. Elizabetb St., Ste. A o 14 (719) 544-0865 (719) 544 -0876 Fax II IIIIII IIIIII III VIII IIIIIII III IIIIII III IIII 140 053204 ChriisC.M unoz PuebloCtyC1 k &Rec SUBD AG R 73.00 D 0.00 ChrsC.M _ 1 LEGAL DESCRIPTION 1 Portion of Block 28, Belmont Eleventh Filing, Described as beginning at the Northeasterly corner of Block 28, thence 55 °55'40" W 290.00 feet; thence S 32 °37'W 348.69 feet; thence S 34 W 223.18 feet; thence S 64 271.64 feet to the East line of Block 28; thence Northeasterly along the East line said Block 542.57 feet to the Point of Beginning, Less tract 151 feet by 160 feet on East line of Block 28 conveyed to Metropolitan Life Insurance Co. and Tract.on Northeasterly 125 feet by 290 feet for Apartment Building. County of Pueblo, State of Colorado. Professional Engineers & Land Surveyors K1200l\2001424\doc\MoROn L. Levitch Trust -legal descrip.doc 8/812002 Mangini & Associates Inc. 4718 N. Elizabeth St., Ste. A Pueblo, Colorado 81008 (719) 544-0865 Page: il of 14 (71 9) 544 -0876 Fax I IIIIII VIII IIIIII IIIIII III VIII IIIIIII III IIIIII III IIII 147053204 ChrisG.Munoz Pueb1oCtyC1k &Rec SUBD AG R 71.00 D 0.00 LEGAL DESCRIPTION A certain parcel of land, being a part of Block 28 of Belmont Eleventh Filing, more particularly described as follows: Commencing at the Northeasterly corner of the said Block 28, said point being the southwesterly corner of the intersection of Bonforte Boulevard and Horseshoe Drive; thence Southwesterly along the easterly boundary of the said Block 28, along the arc of a curve to the left whose radius is 869.00 feet, a distance of 84.80 feet; thence continuing along the said boundary of the said Block 28, along the arc of a curve to the right, whose radius is 666.78 a distance of 174.56 feet; thence continuing along said easterly boundary of the said Block 28, along the arc of a curve to the left, whose radius is 832.13 feet, a distance of 89.00 feet to the true point of beginning of the herein described parcel, which point is also the southeasterly corner of the tract described in Memorandum of Lease recorded May 9, 1967 in Book 1614 at page 443; thence continuing along the easterly line of said Block 28, along the arc of a curve to the left, whose radius is 832.13 feet, a distance of 51 feet; thence North 55 degrees 55'40" West, a distance of 160.00 feet; thence along the arc of a curve to the right, whose radius is 832.13 feet, a distance of 51.00 feet to the Southwesterly corner of said tract described in Book 1614 at page 443; thence South 55 degrees 55' 40" East, along the southerly line of the tract described in Book 1614 at page 443, a distance of 160.00 feet to the true point of beginning. Pueblo County, State of Colorado. Pro fessi LRaWjmw,&bkJw,9d_4i4WfiWrfarioo2 Mangini & Associates Inc. 4718 N. Elizabeth St., Ste. A Pueblo, Colorado 81008 (71.9) 544-0865 (719) 544 -0876 Fax I VIII IIIIIII III IIIIII III IIII Pa of 14 IIIIIIIIIIIIIIIIIIIIIIIIII uBD AG R 71.00 D 0.00 ChrisC.Munoz PuebloCtyClk0ec S _ _ _ _ LEGAL DESCRIPTION A certain Parcel of Land, being a part of Block 28, of Belmont Eleventh Filing, according to the recorded plat thereof, filed for record August 3, 1955, More Particularly described as follows: Commencing at the Northeasterly corner of the said Block 28, Said Point Being the Southwesterly corner of the Intersection of Bonforte Boulevard and Horseshoe Drive; thence southwesterly along the Easterly Boundary of the said Block 28, Along the Arc of a curve to the Left whose radius is 869.00 feet a distance of 84.80 feet; thence continuing along the said Boundary of the said Block 28, along the Arc of a curve to the Right, whose Radius of 666.78 feet, a distance of 163.56 feet To The Point of Beginning of the herein described Parcel of Land; thence continuing along said Easterly Boundary of the said Block 28, along the Arc of a Curve to the Right whose Radius is 666.78 feet, a distance of 11.00 feet; thence continuing along said Easterly Boundary of the said Block 28, along the Arc of a Curve to the Left whose radius is 832.13 feet, a distance of 89.00 feet; thence N 55 °55'40 "W., a distance of 160.00 feet; thence Northeasterly, Parallel to the said East Boundary of Block 28, along the Arc of a curve to the right whose radius is 832.13 feet, a distance of 89.00 feet; thence continuing parallel to the said East Boundary of said Block 28, along the Arc of a Curve to the Left, whose radius is 666.78 feet, a distance of 11.00 feet; thence S 55 °55'40 "E., a distance of 160.00 feet; To The Point of Beginning. County of Pueblo, State of Colorado. ProfeSSi tOEUgiUW&&IeAIM4.&* ors SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT `B" SUBDIVISION NAME: Bonforte Park Subdivision DEVELOPER: H &T Partnership #1, a Colorado general partnership; Morton L. Levitch Trust, DTD 2/13/96; Kenneth E. Kentner Revocable, Trust; 9k wktan, L.L.C, a Colorado Limited Liability Company Mangini & Associates, INC. Itemization of Public Improvements (Use Unit Prices Approved by Public Works in Preparation of Exhibit `B ") See attached. This is an estimate only. Actual construction costs may vary. PREPARED BY: Joe Gagliano FIRM: Mangini & associates, INC The undersigned hereby certifies that (i) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements and (ii) the unit prices shown hereo most current unit price provided by the City of Pueblo. Gam. ^. ^. ; �4ZT PL1fTFR [P.E. SEAL] h Professional Engineer Date l0J40 - i cS' A E � � '�O REVIEWED BY: OF City of Pueblo 1470532 I IIIIII VIII IIIIII IIIIII I I VIII IIIIIII III IIIIII III IIII 11/20/2002 ChrisC. Munoz PuabloC yCl k &Rao SUBD AG 2 12.: 04 R 71.00 D 0.00 DPW 101 6 - - - - 10/21/98 BONFORTE PARK SUBDIVISION IMPROVEMENTS COST ESTIMATE EXHIBIT 6 Water UNITS QUANTITY PER UNIT TOTAL COST Service Line - 100'ROWI EA 1 1 $850.00 1 $850.00 SUBTOTAL $850.00 Sanitary Sewer UNITS QUANTITY PER UNIT TOTAL COST 6" PVC Private Sanitary Sewer Service LS 1 $1,066.00 $1,066.00 SUBTOTAL $1,066.00 Erosion Control, Temporary UNITS QUANTITY PER UNIT TOTAL COST Straw Balesl EA 1 12 1 $9.75 1 $117.00 SUBTOTAL $117.00 Stormwater Drainage UNITS QUANTITY PER UNIT TOTAL COST Type II Inlet Pond 1 Grading Concrete Trickle Pans Asphalt curbs EA 1 $3,000.00 $3,000.00 BCY 1500 $3.00 $4,500.00 SF 648 $3.80 $2,462.40 LF 238 $8.00 $1,904.00 SUBTOTAL $11,866.40 GRAND TOTAL $ 13,899.40 Miscellaneous Contingincies @ 15% $2,084.91 GRAND TOTAL $15,984.31 Reviewed By: City of Pueblo Date: I ! l �— IIIIIIIIIIII 1470532 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1�/20 2D0 00 12 4 Chri . uabloCtyC1k6Reo SUBD AG R 71.0 _ ChrisC.Munoz P - Estimate Prepared by: Mangini Associates, Inc. Date: 11 /5/2002 Estimate Figures Based on: City of Pueblo and RS Means COA'D 6ytSTF�pR �!�< Q wyr L � L �� A �6�• y. �cf OF M-" C1