HomeMy WebLinkAbout07051Reception 1565416
05/12/2004
ORDINANCE NO. 7051
AN ORDINANCE APPROVING THE PLAT OF
MCDANIEL SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
. The final plat of the McDaniel Subdivision, being a subdivision of land legally
described as:
A portion of land located within the Northeast one - quarter of Section 17,
Township 20 South, Range 64 West, of the 6 Principal Meridian, Pueblo
County, State of Colorado, being more particularly described as follows:
Lots 1 through 7, Block 4, Gateway Subdivision, First Filing according to the
recorded plat thereof, filed for record on June 26, 1979 in Book 1991 at Page 460
in the Office of the Clerk & Recorder, County of Pueblo, State of Colorado.
Said Parcel contains 1.84 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 with such modifications, if any, approved by City
Council, 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 becomes effective.
INTRODUCED: September 8, 2003
BY: Al Gurule
C CILP N
APPROVED: L
PRE7SIDENT OF CITY CO IL
ATTESTED BY:
ITY CLERK
PASSED AND APPROVED: September 22, 2003
Reception 1565418
05/12/2004
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on April 28, , 2004 , between the
CITY OF PUEBLO, a Municipal Corporation ( "City"), and Fore Properties, LLC
A Colorado Limited Liability Companv
( "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
McDaniel Subdivision
( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by
Chapter 4, Title XII of the Pueblo Municipal Code; and
WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code
to construct and install public improvements described and set forth in Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by City Council
( "Required Public Improvements "); and
WHEREAS, the Required Public Improvements are generally described in the attached
Exhibit `B" and shown on approved construction plans and documents on file in the office of the
City's Director of Public Works ( "Plans and Documents ").
WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is
obligated to provide security or collateral sufficient in the judgement of the Director of Public
Works to make reasonable provisions to construct and complete the Required Public
Improvements.
NOW, THEREFORE, in consideration of the foregoing and 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
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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 cost of extending all required sewer and water lines from nearest existing sewer
and water lines to the proposed building site for which a building permit is sought,
plus the costs of extending curb, gutter, sidewalk and paving from the edge of the
Subdivision or existing improvements of a like nature, whichever is closer to the
proposed building site. In any case where the block, as later defined, exceeds one
thousand (1000') feet in length between intersecting streets, the estimate of the City
Director of Public Works under this paragraph may be reduced to the total costs of all
uncompleted Required Public Improvements in at least one half (1/2) of such block,
and the required deposit shall be based upon such decreased estimate. The
Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter
at the mid -block point and barricade such street so that no through traffic shall be
permitted beyond the point to which the estimate of Director of Public Works is
based.
4. Within one hundred eighty (180) days after subsequent application for a building
permit to construct any building or structure upon any building site within the block,
or upon the issuance of a certificate of occupancy for any such building or structure,
whichever occurs first, Subdivider shall also deposit an amount not less than the
estimate of the Director of Public Works for all Required Public Improvements 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.
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6. Upon paying such deposit, the City Director of Public Works shall release the
proposed building site from the terms of the Agreement except the terms of Paragraph
7 below.
7. As a condition of approval of this Subdivision, and to meet the requirements of
Chapter 4, Title XII of the Pueblo Municipal Code, 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 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
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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 or encumbrance 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 arising out of this Agreement, the Court shall award the prevailing party its
costs and expenses, including reasonable expert witness and attorney's fees. Venue
for any such litigation shall be Pueblo County, Colorado.
14. City and Subdivider have attempted by the attached Exhibit "B" and Plans and
Documents to describe all Required Public Improvements to be constructed and
installed by Subdivider with respect to the Subdivision. However, if the attached
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Exhibit "B" and Plans and Documents fail to described or to include, for any reason,
any Required Public Improvement described and set forth in Chapter 4, Title XII of
the Pueblo Municipal Code and the standards and specifications approved by City
Council ( "Omitted Public Improvement "), Subdivider shall not be released or
discharged from Subdivider's obligation to construct and install the Omitted Public
Improvement in the time and manner contained in this Agreement and Chapter 4,
Title XII of the Pueblo Municipal Code.
In order to determine whether or not there are Omitted Public Improvements, the
following shall be applicable:
(a) If the Required Public Improvements are constructed and installed within five (5)
years from the date hereof, Chapter 4, Title XII of the Pueblo Municipal Code and
the standards and specifications approved by the City Council and interpreted as
of the date hereof shall control.
(b) If the Required Public Improvements are constructed and installed after five (5)
yeas from the date hereof, Chapter 4, Title XII of the Pueblo Municipal Code and
the standards and specifications approved by the City Council and interpreted as
of the date the Required Public Improvements are constructed and installed shall
control.
(c) If Chapter 4 of Title XII and/or the standards and specifications approved by the
City Council are modified or amended to conform with the requirements of
federal or state law, rules or regulations prior to the construction and installation
of the Required Public Improvements, they shall control as so modified and
amended.
15. Except for Omitted Public Improvements, latent defects in construction, design or
work, and guarantee required by Section 12- 4- 70)(9)(a) of the Pueblo Municipal
Code, nothing in this Agreement shall be construed to extend any obligation of the
Subdivider beyond the date of written approval and acceptance by the Director of
Public Works of the Required Public Improvements described in attached Exhibit
"
16. All Required Public Improvements shall be constructed and installed in compliance
with all applicable standards and specifications approved by City Council.
17. The parties agree this Agreement may be periodically amended by mutual consent
provided such amendment is in writing and signed by all parties.
18. 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.
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The parties have caused this Agreement to be executed and attested by its duly authorized
and acting officer.
Fore Properties, LLC
Subdivider
(SEAL) $ Tho lack, ana Apr
By: r
The foregoing instrument was acknowledged before me on April 28
2004 by Thomas A. Mans er Fore Properties, LLC Subdivider.
.ePRY. SKl�•
A Colorado Limited Liability Company
• •
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F r CITY OF PUEBLO, a Municipal Corporation
• of C
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v
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STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 10th day of
May 2004 by Randy Thurston _ ,as
President of City Council, and Gina Dutcher as City Clerk of the City of
Pueblo, Colorado.
Witness my hand and official seal.
��. • p` R y'•..
ommission expires: 8 -21 -2007 �
:0
• A r g1 Notary Public
�:'• UBL••' O
ED AS TO FORM:
City Attorney
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EXHIBIT "A"
Lots 1 through 7, Block 4, Gateway Subdivision, First Filing, according to the recorded
plat thereof, filed for record on June 26, 1979 in Book 1991 at Page 460 in the Office of
the Clerk and Recorder, County of Pueblo, State of Colorado,
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
DEVELOPER:
ENGINEER:
Fortino Boulevard
MCDANIEL SUBDIVISION
FORE PROPERTIES, LLC
C & M CONSULTING, LLC
Curb & Gutter
88 LF 9 $10.00 /LF = $880.00
4" Concrete Sidewalk
1,260 SF (j� $2.50 /SF ° $3,150.00
Water Service Line (80' ROW)
1 EA 2 $1,066.00 / EA = $1,066.00
SUBTOTAL = $5,746.00
Outlook Boulevard
Curb & Gutter
86 LF (a1 $10.00 /LF = $860.00
4" Concrete Sidewalk
2,310 SF g $2.50 / SF = $5,775.00
Handicap Ramp
1 EA $250.00 /EA = $250.00
SUBTOTAL = $6,885.00
Drainage Basin
Concrete Pan
1,628 SF (a� $3.40 /SF = $5,535.20
Concrete Chute
287 SF (a $3.40 /SF = $975.80
SUBTOTAL = $6,511.00
TOTAL= $19,142.00
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This is an estimate only. Actual construction costs may vary.
PREPARED BY: John D. Chrisman
FIRM: C & M Consulting, LLC
The undersigned hereby certifies that (i) the Required Public Improvements shown hereon
and the Plans and Specifications therefore constitute all of the public improvements required
to be installed and constructed for the subdivision by Chapter 4, Title XII of the Municipal
Code and standards and specifications approved by City Council, (ii) 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 prices pro by the City of Pueblo. ^
o�PO REG /ST
a 2m 4-
ri
[P.E. EA 33$38 ' j ofessional Engineer Date
ONAt -E
REVIEWED BY: City of Pueblo