HomeMy WebLinkAbout06875Reception 1475345
12/18/2002
ORDINANCE NO. 6875
AN ORDINANCE APPROVING THE PLAT OF
VILLAGER INN SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Villager Inn Subdivision, being a subdivision of land legally
described as:
A part of the NE 1 / of the SW ' / 4 of Section 13, Township 20 South, Range 65 West of
the 6 th Principal Meridian, described as follows:
BEGINNING at the southeast corner of said NE' /4 of the SW' /; thence westerly along
the south line of said NE '/4 of the SW ' / 4, 373.0 feet; thence northerly parallel with the
north -south centerline of said Section 13, a distance of 641.0 feet, more or less to a
point on the southerly right of way line of U.S. Highway 50 as presently located; thence
southeasterly along said southerly right of way line of U.S. Highway 50, as presently
located, 393.0 feet, more or less, to its intersection with the said north -south centerline
of Section 13; thence southerly, along said north -south centerline, 558.3 feet to the
POINT OF BEGINNING.
Excepting therefrom that portion described within the following described tract:
COMMENCING at the southeast corner of said NE ' / 4 of the SW '/4 of Section 13;
thence westerly, along the south line of said NE ' / 4 of the SW ' / a, 350.0 feet; thence
northerly parallel to the north -south centerline of said Section 13, a distance of 627.07
feet, more or less, to a point on the southerly right of way line of U.S. Highway 50, being
the TRUE POINT OF BEGINNING; thence southerly parallel with said north -south
centerline, 197.61 feet; thence westerly perpendicular to the last described line, 206.0
feet; thence northerly perpendicular to the last described line, 295.76 feet, more or less,
to a point on the southerly right of way line of said highway 50; thence easterly along
said southerly right of way line, 228.32 feet to the TRUE POINT OF BEGINNING.
Except that portion in warranty deed to Department of Transportation State of Colorado
Recorded June 24, 1999 Reception No. 1285964.
Total parcel contains 4.94 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.
01== M]
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 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 Subdivider. No vested rights shall accrue to
the subdivision or be acquired until this Ordinance or the final subdivision plat becomes
effective. ,�• ��co,� t .
U - �''� ✓ O
INTRODUCED:
L
July 22, 2002
Al Gurule
C CILPERSON
APPROVE
PRESIDENT F CITY COUNCIL
ATTESTED BY:
CLERK
PASSED AND APPROVED: August 12, 2002
DATE: JULY 22, 2002
DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT /JIM MUNCH
TITLE
AN ORDINANCE APPROVING THE PLAT OF VILLAGER INN SUBDIVISION
ISSUE
Shall City Council approve a request to subdivide this property into a one -half acre
lot for a restaurant along U.S. Highway 50 West?
RECOMMENDATION
Approve the subdivision. The Planning and Zoning Commission voted 7 -0 to
approve this subdivision.
BACKGROUND
Applicant proposes to subdivide 4.94 acre parcel into two lots. Lot 1 contains the
site of Villager Inn & Lot 2 contains a one -half acre lot intended for a restaurant
along U.S. 50 West. The subdivision was recommended for approval on July 19,
2000 and the City Council approved the subdivision on August 14, 2000.
The applicant did not submit all the material needed for the final signatures on the
final plat by the one year deadline which is allowed by ordinance. Per the ordinance
passed by City Council on August 14, 2000, the subdivision automatically becomes
void of the final plat has not been recorded in one year. This is a resubmittal of the
same subdivision.
FINANCIAL IMPACT
Unknown.
Reception 1475347
12/18/2002
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made on e ;�Z ! / / , 2tZ, between the CITY OF
PUEBLO, aMunicipal Corporation ( "City "), and 1 T. wojdvla and
Rarhara Wnjdyla
( "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
Villager Inn 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
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 (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.
DPW 101 2
10/21/98
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 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 0-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.
DPW 101 3
10/21/98
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 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.
DPW 101 4
10/21/98
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.
ivider
(SEAL)
I '
IC
The foregoing instrument was acknowledged before me on Mau 1 0
'
by Joseph J. Wojdyla and Barbara Wojdyla J
Subdivider.
My commission expires: f p i 17 �Q
N0TARY
- P-0-0-
° •' O U6L\ 0
'pp .A
APPROVED AS TO FORM:
0
City Attor (ey
STATE OF COLORADO )
COUNTY OF PUEBLO )ss.
RjaAbwo'
Notary Public
a Municipal Corporation
'President of City Council
n�
City Clerk
The foregoing instrument was acknowledged before me this 16th day of
Dpr pmhpr ?nn? by Michael A Orrhiatn _ ,as
President of City Council, and Gina Dutcher as City Clerk of the City of
Pueblo, Color,
SAN
Tiuutr d official seal.
[SEAL]
�•.�o
0.
9TF F �
DPW 101 5
10/21 /98 My Commission Expires 0812112003
A part of the NE 1/4 of the SW 1/4 of Section 13, Township 20 South, Range 65 West, of
the 6th Principal Meridian, described as follows:
BEGINNING at the southeast corner of said NE 1/4 of the SW 1/4; thence westerly
along the south line of said NE 1/4 of the SW 1/4, 373.0 feet; thence northerly parallel
with the north -south centerline of said Section 13, a distance of 641.0 feet, more or less to
a point on the southerly right of way line of U.S. Highway 50 as presently located;
thence southeasterly along said southerly right of way line of U.S. Highway 50, as
presently located, 393.0 feet, more or less, to its intersection with the said north -south
centerline of Section 13; thence southerly, along said north -south centerline, 558.3 feet
to the POINT OF BEGINNING.
Excepting therefrom that portion described within the following described tract:
COMMENCING at the southeast corner of said NE 1/4 of the SW 1/4 of Section 13;
thence westerly, along the south line of said NE 1/4 of the SW 1/4, 350.0 feet; thence
northerly parallel to the north -south centerline of said Section 13, a distance of 627.07
feet, more or less, to a point on the southerly right of way line of U.S. Highway 50, being
the TRUE POINT OF BEGINNING; thence southerly parallel with said north -south
centerline, 197.61 feet; thence westerly perpendicular to the last described line, 206.0
feet; thence northerly perpendicular to the last described line, 295.76 feet, more or less,
to a point on the southerly right of way line of said highway 50; thence easterly along
said southerly right of way line, 228.32 feet to the TRUE POINT OF BEGINNING.
Except that portion in warranty deed to Department of Transportation State of Colorado
Recorded June 24, 1999 Reception No. 1285964.
Total parcel contains 4.94 acres more or less.
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: villager Inn
DEVELOPER: Joseph J. and Barbara Wojdyla
ENGINEER: 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 hereon are the most current unit price provided by the
[P.E. SEAL] «�
L Professional Engineer
Date
REVIEWED BY:
City of Pueblo
City of Pueblo.
DPW 101
10/21/98
VILLAGER INN SUBDIVISION IMPROVEMENTS COST ESTIMATE
EXHIBIT B
Water UNITS QUANTITY PER UNIT TOTAL COST
Service Line - 100' ROW EA 1 $850.00 $850.00
SUBTOTAL $850.00
Sanitary Sewer UNITS QUANTITY PER UNIT TOTAL COST
48" Dia Manholes
8" PVC Sanitary Sewer Main
6" PVC Private Sanitary Sewer Service
EA
2
$2,202.00
$4,404.00
LF
260
$32.00
$8,320.00
LS
1
$1,049.00
$1,049.00
SUBTOTAL $13,773.00
Erosion Control, Temporary UNITS QUANTITY PER UNIT TOTAL COST
Straw Bales EA 12 $9.75 $117.00
SUBTOTAL $117.00
Stormwater Drainage UNITS QUANTITY PER UNIT TOTAL COST
18" RCP
Type II Inlet
Type 13 Inlet
Pond A Grading
Pond B Grading
Pond B Vault - -SEE ATTACHED
Asphalt patching
Curb & Gutter Repair
LF
145
$36.00
$5,220.00
EA
1
$3,000.00
$3,000.00
EA
1
$3,000.00
$3,000.00
BCY
120
$2.50
$300.00
BCY
1100
$2.50
$2,750.00
LS
1
$121,000.00
$121,000.00
SY
50
$17.50
$875.00
LS
1
$1,200.00
$1,200.00
SUBTOTAL $137,345.00
GRAND TOTAL $152,085.00
Miscellaneous Contingincies @ 15 %, $22,812.75
GRAND TOTAL $174,897.75
Reviewed By: [' Date:
City of Pueblo �—
IIIIII VIII IIIIII IIII IIIIIII IIII IIIIII III VIII IIII IIII 1475347
Estimate Prepared by: Mangini Associates, Inc. Page
12/18/2002 04:31F
Date:4 /29/02
C hrisC.Munoz Pueb1oCtyC1k &Reo SUBD AG R 48.00 D 0.00
Estimate Figures Based on: City of Pueblo RS Means
VILLAGER INN SUBDIVISION
VAULT ESTIMATE
ITEM
QTY
Unit
$ /Unit
Price
Demo - Asphalt
150.00
BCY
$
1.50
$
225.00
Excavation
2075.00
BCY
$
2.00
$
4,150.00
Haul waste
3175.00
TONS
$
2.60
$
8,255.00
Backfill
2600
LCY
$
3.00
$
7,800.00
Import fill
1500.00
TONS
$
3.00
$
4,500.00
Monoslab
5320.00
SF
$
5.00
$
26,600.00
Bearing walls
630
LF
$
20.00
$
12,600.00
Top Slab
5320.00
SF
$
7.00
$
37,240.00
Asphalt Patching
890
SY
$
17.50
$
15,575.00
Engineering
1
Ls
$
3,000.00
$
3,000.00
Grated Inlet
2
Ea
$
500.00
$
1,000.00
TOTAL $120,945.00
4
1111111111111111111111111111111111111111111111111111111 P 7 5347
31F
ChrisC.Munoa Pueb1aCtyC1k&Rec SUBD AG R 46.00 D 0.00
Mangini S Associates 4129/02 Joe Gagliano