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HomeMy WebLinkAbout07037Reception 1525023 09/10/2003 ORDINANCE NO. 7037 AN ORDINANCE APPROVING THE PLAT OF 4 & ABRIENDO ECKERDS SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the 4th & Abriendo Eckerds Subdivision, being a subdivision of land legally described as: A parcel of land located within the E % of Section 35, Township 20 South, Range 65 West of the Sixth Principal Meridian. City of Pueblo, Pueblo County being more particularly described as follows: BEGINNING at the point of intersection of the easterly right of way line Avenue and the southerly right of way line of State Highway 96 (4 Street ) the south end of the surrey monument line of Carlile Place bears N (bearings based on said survey monument line from Abriendo Avenue Place, monumented at each end with a cast iron box, assumed to bear N 45 0 00'00 "E feet along the said south Street), a distance of 366.74 feet to Avenue; thence along the northerly twelve (12) courses; a concrete monument with lead and of Abriendo , from which 51 6"W to Elmhurst brass tack in 19 1 03'45 "E) a distance of 706.22 feet; thence N Drly right of way line of State Highway 96 (aka 4th i point on the northerly right of way line of Wilson right of way line of Wilson Avenue the following 1) S 45 °00'00 "E, a distance of 25.00 feet; 2) S 43 0 15'45 "E, a distance of 25.00 feet; 3) S 38 °12'55 "E, a distance of 25.00 feet; 4) S 28 1 53'57 "E, a distance of 25.00 feet; 5) S 21 °05'12 "E, a distance of 25.00 feet; 6) S 15 °54'53 "E, a distance of 25.00 feet; 7) S 10 °58'45 "E, a distance of 25.00 feet; 8) S 07 0 06'25 "E, a distance of 30.00 feet; 9) S 04 °26'47 "E, a distance of 32.00 feet; 10) S 10 11 23'57 "W, a distance of 35.00 feet; 11) S 09 0 25'41 "W, a distance of 52.22 feet; 12) S 34 "47 "W, a distance of 20.33 feet to a point of intersection with northerly right of way line of Gale Avenue; thence along the northerly right of way line of Gale Avenue the following three (3) courses; ®r- 1) along the arc of a non - tangent curve to the right whose center bears N 58 0 23'13 "W, having a central angle of 18 0 40'44 ", a radius of 175.65 feet, a distance of 57.26 feet; 2) S 51 °07'28 "W, a distance of 36.00 feet; 3) along the arc of a curve to the left having a central angle of 34 1 30'56 ", a radius of 166.00 feet, a distance of 100.00 feet to a point on the easterly right of way line of Abriendo Avenue; thence N 45 along said easterly right of way line, a distance of 285.36 feet to the POINT OF BEGINNING. Said parcel contains 1.98 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 Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this ordinance nor 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 rescissigQ and repeal is given to the Subdivider. No vested rights shall accrue to the npol�,be acquired until this Ordinance becomes effective. •' � INTRODUCED: July 28, 2003 �. ^� BY: Al G l e C N ILPE ON �hf.Tr APPROVED: OF CITY COUNCIL ATTESTED BY: rr�a1� TY CLERK PASSED AND APPROVED: August 11, 2003 T Background Paper for Proposed ORDINANCE 1� AGENDA ITEM # DATE: July 28, 2003 DEPARTMENT: PUBLIC WORKS DIRECTOR —TOM CVAR, P. E. TITLE AN ORDINANCE APPROVING THE PLAT OF 4 AND ABRIENDO ECKERDS SUBDIVISION ISSUE Shall City Council approve a request to subdivide this property for the purpose of residential and commercial development? The Planning Commission voted unanimously to recommend approval. BACKGROUND The applicant is proposing to subdivide 1.98 acres of land at the corner of 4 and Abriendo for the purpose of commercial development. One of the two lots created in this subdivision will include an Eckerds Drug Store. All conditions required by the Planning and Zoning Commission have been met to the satisfaction of the Director of Public Works. FINANCIAL IMPACT None Reception 1525025 09/10/2003 RATIFICATION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by a deed of trust recorded June 12th 1 2003 , in Book n/a at Page n/a , Reception Number 1506711 does hereby ratify and consent to the subdivision of the land platted as 4th & Abriendo Eckerds Subdivision Reception Number shown on the Subdivision Plat recorded by in the records of Pueblo County, Colorado, and confirms and joins in the dedication of all streets, easements, rights of way and access restrictions shown thereon and subordinates its interest in the property described in the Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto between the Subdivider and City of Pueblo executed in conjunction therewith. Signed this . 1q ,- ) ay of STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) August 2003 ORIX Real Estate Equities, Inc., a Delaware Corporation Company Name �By: chael J. AkCullo Title: srninr F. :elntive V t> .. ex The foregoing instrument was acknowledged before me this day of by ® !� of 0 My Commission Expires: �l n "OFFi CIAL SEAL" �l �SGat i Sheila Honan Notary Public DPW 107 Notary Public, State or Illinois 02/05/02 My Commission Eap.08 /152005 Reception 1525023 09/10/2003 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT is made on .� u Ly 24 2003 ,between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and ORIX ALLIANT PUEBLO ABRIENDO VENTURE AN ILLINOIS GENERAL PARTNERSHIP. ORIX PUEBLO ABRIENDO LLC AN ILLINOIS LIMITED LIABILITY COMPANY ORIX REAL ESTATE EQUITIES INC. IT'S SOLE MEMBER MICHAEL J. MCCULLOUGH, SENIOR EXECUTIVE VICE PRESIDENT AND ALLIANT PUEBLO ABRIENDO, LLC A FLORIDA LIMITED LIABILITY COMPANY, ALLIANT PARTNERS, LLC, IT'S SOLE MEMBER JOHN J. TWOMEY III, ITS CHIEF OPERATING OFFICER ( "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 4TH (� Ec -V-EQbS Sv6D1Ut5�ow� ( "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 DPW 101 10/21/98 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 ". 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. hl 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 DPW 101 10/21/98 2 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. 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 DPW 101 Improvements are not completed within the required time, the City 10/21/98 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 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. DPW 101 10/21/98 0 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. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. Michael J. McCullough, Senior Vice President ORIX ALLIANT PUEBLO ABRIENDO VENTURE AN ILLINOIS GENERAL PARTNERSHIP ORIX PUEBLO ABRIENDO, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY ORIX REAL ESTATE EQUITIES, INC., IT'S SOLE MEMBER, Subdivider (SEAL) Mich a cCullough, Senio xecutive Vice President By: The foregoing instrument was acknowledged before me on l7 a 6 U by Michael J. McCullough, Senior Executive Vice President, ORIX ALLIANT PUEBLO ABRIENDO VENTURE AN ILLINOIS GENERAL PARTNERSHIP, ORIX PUEBLO ABRIENDO, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY. ORIX REAL ESTATE EQUITIES. INC.. IT'S SOLE MEMBER Subdivider. My commission expires: 9y13' "pFFICIAL SEAL Notary Public " . `BARBARA A. STANKO n COMMISSION EXPIRES 08/13/03 DPW 101 5 10/21/98 The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. John J. Twomey III, It's Chief Operating Officer, ALLIANT PUEBLO ABRIENDO, LLC, A FLORIDA LIMITED LIABILITY COMPANY, ALLIANT PARTNERS, OOC, IT'S SOLE MEMEBER, Subdivider (SEAL) By: Jo . Twomey III, Chief Operating Offic The foregoing instrument was acknowledged before me on , 2003 , by John J. Twomey III, Its Chief Operating Officer, ALLIANT PUEBL( ABRIENDO, LLC, A FLORIDA LIMITED LIABILITY COMPANY, ALLIANT PARTNERS, LLC, IT'S SOLE MEMEBER Subdivider. My commission expires: E MAF" L FOLASM Notar (Public W COMMISSION i DD 15M EXPIRE8:0aW* 20, 2008 IWI M TM NM" Pak Lkd ~ CITY OF PUEB � M • ipal Corpo tion M City STATE OF COLORADO )' 1 )s COUNTY OF PUEBLO ) Council The foregoing instrument was acknowledged before me this 29th day of August 1 2003 by Bill Sova ,as P ent of City Council, and Gina Dutcher as City Clerk of the f Pueblo, Colorado. 4- X . Witxless y hand and official seal. VAR), , Ivey cbm fission expires: 8 -21 -2007 t I/B1\�' ,:f. 5 AL] Notary Public APPIY .1 D AS TO FORM: City Attorney DPW 101 10/21/98 t6 EXHIBIT "A" A parcel of land located within the E '/z of Section 35, Township 20 South,. Range 65 West of the Sixth Principal Meridian. City of Pueblo, Pueblo County, Colorado being more particularly described as follows; BEGINNING at a the point of intersection of the easterly right of way line of Abriendo Avenue and the southerly right of way line of State Highway 96 (4` Avenue), from which the south end of the survey monument line of Carlile Place bears N 51 *30'1 6"W (bearings based on the said survey monument line from Abriendo avenue to Elmhurst Place,.monumented at each end with a concrete monument with lead and brass tack in a cast iron box, assumed to bear N 19 °03'45 "E) a distance of 706.22 feet; thence N 45 °00'00 "E along the said southerly right of way line of State Highway 96 (aka 4 Street), a distance of 366.74 feet to a point on the northerly right of way line of Wilson Avenue; thence along the northerly right of way line of Wilson Avenue the following twelve (12) courses; 1. S 45 °00'00 "E, a distance of 25.00 feet; 2. S 43'15'45"E, a distance of 25.00 feet; 3. S 38 °12'55 "E, a distance of 25.00 feet; 4. S 28 °53'57 "E, a distance of 25.00 feet; 5. S 21'05'12"E, a distance of 25.00 feet; 6. S 15 °54'53 "E, a distance of 25.00 feet; 7. S 10 °58'45 "E, a distance of 25.00 feet; 8. S 07 °06'25 "E, a distance of 30.00 feet; 9. S 04 °26'47 "E, a distance of 32.00 feet; 10. S 10 °23'57 "W, a distance of 35.00 feet; 11. S 09 °25'41 "W, a distance of 52.22 feet; 12. S 34 0 37 "47 "W, a distance of 20.33 feet to a point of intersection with northerly right of way line of Gale Avenue; thence along the northerly right of way line of Gale Avenue the following three (3) courses; 1. along the arc of a non - tangent curve to the right whose center bears N 58 °23' 13 "W, having a central angle of 18 °40'44 ", a radius of 175.65 feet, a distance of 57.26 feet; 2. S 51'07'28"W, a distance of 36.00 feet; 3. along the arc of a curve to the left having a central angle of 34 °30'56 ", a radius of 166.00 feet, a distance of 100.00 feet to a point on the easterly right of way line of Abriendo Avenue; thence N 45 °00'00 "W along said easterly right of way line, a distance of 285.36 feet to the POINT OF BEGINNING. Said parcel contains 1.98 acres more or less. SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT °B" SUBDIVISION NAME: 4` & Abriendo Eckerds Subdivision DEVELOPER: Orix Alliant Pueblo Abriendo Venture an Illinois General Partnership ENGINEER: Joseph V. Gagliano Itemization of Public Improvements (Use Unit Prices Approved by Public Works in Preparation of Exhibit `B ") set; ATf"AG IIIIIIVIII IIIIII VIII IIII VIII IIIIIII IIIVIII IIII illl 0 9525026 risunoz Z8P This is an estimate only. Actual construction costs may vary. PREPARED BY: Joseph V. Gagliano FIRM: Mangini Reeves, 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 cunent pri ce provided b the ity of Pueblo. [P.E. SEAL] �P��, f 07 Zy p3 fessional Engineer Date REVIEWE: City of Pueblo DPW 101 Is 10/21/98 4th ABRIENDO ECKERDS SUBDIVISION IMPROVEMENTS COST ESTIMATE EXHIBIT B Stonnwater Drainage UNITS QUANTITY PER UNIT TOTAL COST Excavation CY 1011.11 $2.00 $2,022.22 Outlet Structure 4'x4' EA 2 $3,000.00 $6,000.00 Type S inlet EA 1 $2,500.00 $2,500.00 Sidewalk Chase LF 29 $20.00 $580.00 60" Storm Pi LF 240 $85.00 $20,400.00 18" CMP LF 34.5 $36.00 $1,242.00 SUBTOTAL $32,744.22 stet UNITS QUANTITY PER UNIT TOTAL COST Curb and Gutter LF 967.5 $10.00 $9,675.00 Handicap Ramps SF 308.75 $3.50 $1,080.63 Sanitary Sewer Service Line 60' ROW EA 2 $800.00 $1,600.00 Water Service Line -60' ROW EA 2 ' $1,000.00 Street Si ns-R ulato EA 1 $100.00 $100.00 SUBTOTAL $13,455.63 GRAND TOTAL ,653.35 MlsceBaneous Contingincies 015% $7,298.00 GRAND TOTAL $55,951.35 Reviewed By: Date: City of Pueblo IIIIIIVIII IIIIII VIII IIII Illll lllllll 111 lull llll llll a Page: 52502628P Ch Estimate Prepared by: Mangini Associates, Inc. Date:7/24/2003 Estimate Figures Based on: City of Pueblo and RS Means C1