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HomeMy WebLinkAbout07052Receptionn 1611998 03/22/2005 ORDINANCE NO. 7052 AN ORDINANCE APPROVING THE PLAT OF WESTRIDGE SUBDIVISION, FILING NO. 7 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Westridge Subdivision, Filing No. 7 being a subdivision of land legally described as: A parcel of land in the SW ' / 4 of Section 11, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo, State of Colorado and being more particularly described as follows: Considering the South line of the SE ' / 4 of the SW '/ of Section 11, Township 20 South, Range 65 West of the 6 P.M. to bear N. 89 0 56'04" W. and all bearings contained herein being relative thereto. Beginning at the Northeast corner of Lot 55, Block 2 in Westridge, Filing No. 6, according to the recorded plat thereof, filed for record November 21, 2001; thence Westerly, along the North subdivision boundary line of said Westridge, Filing No. 6 the following three (3) courses: 1. N. 89 0 55'28" W., a distance of 892.98 feet; 2. N. 03 °11'01" E., a distance of 13.55 feet; 3. N. 86 0 48'59" W., a distance of 210.25 feet to the West line of the SE '/4 of the SW '/4 of said Section 11 and the centerline of a power easement, being 20 feet in width, conveyed by deed recorded in Book 1551 at Page 587 of the said County records; thence N. 03 0 09'05" E., along said West line, a distance of 85.19 feet; thence N. 89 0 55'28" W., a distance of 6.46 feet; thence N. 00 0 04'32" E., a distance of 340.00 feet; thence S. 89 0 55'28" E., a distance of 25.22 feet; thence N. 00 0 04'32" E., a distance of 116.06 feet; thence S. 89 0 55'28" E., a distance of 156.52 feet; thence S.85 0 55'55" E., a distance of 60.00 feet; thence S. 89 0 40'26" E., a distance of 619.67 feet; thence S. 00 0 19'34" W., a distance of 70.00 feet; thence S. 89 0 40'26" E., a distance of 114.38 feet; thence S. 74 0 41'03" E., a distance of 60.00 feet; thence along the arc of a curve to the right whose radius is 430.00 feet and whose center bears N. 74 0 41'03" W., a distance of 26.17 feet; thence S. 77 0 59'32" E., a distance of 104.22 feet; thence S. 06 °52'40" W., a distance of 46.60 feet to the North subdivision boundary line of Westridge, Filing No. 1, according to the recorded plat thereof, filed for record July 3, 1995; thence along the subdivision boundary of said Filing No. 1 the following two (2) courses: 1. N. 89 0 53'22" W., a distance of 20.00 feet; 2. S. 00 0 13'50" E., a distance of 380.07 feet to the Point of Beginning. Containing 13.586 acres, is hereby approved, and all dedicated streets, utility and drainage easements, rights -of- way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. 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 Al 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. APPROVED: ATTESTED BY: ucly I Ur U I Y UUUINUIL PASSED AND APPROVED: September 22, 2003 INTRODUCED: September 8. 2003 �ti of 7cl S Z p Background Paper for Proposed ORDINANCE AGENDA ITEM # vZ DATE: SEPTEMBER 8, 2003 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/GLYNIS A. JORDAN, AICP TITLE AN ORDINANCE APPROVING THE PLAT OF WESTRIDGE SUBDIVISION, FILING NO. 7 Issue Shall City Council approve a request to subdivide this property for the purpose of residential development? RECOMMENDATION The Planning Commission voted unanimously (6 -0) to recommend approval. BACKGROUND The applicant is proposing to subdivide the existing 14 -acre parcel into 62 single - family lots ranging in size from 5,500 to 13,415 square feet. The conditions of approval as described in the Subdivision Review Committee memo dated July 30, 2003, and approved by the Planning Commission, have been addressed to the satisfaction of the Director of Public Works. FINANCIAL IMPACT None L3 IIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 612000 P 54A Chris C. Munoz PuebloCtyClk &Reo SUBD AGR 76.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on _fl;13Qy PP--q 1 5 , -1 5 , between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and Horizon Communities, Inc. a Colorado Corporation ( "Subdivider "). RECITALS WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit "A "; and WHEREAS, the Subdivider, as a condition of approval of the final plat of Westridge, Filing No 7 ("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 X11 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. 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 DPW101 4/9/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 612000 Chris C. Munoz Pueb1oCtYC1k &Rec SUBD AGR 76.00 D 0.00 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 depositor 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. 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 04/09/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 15 4Q Chris C. Munoz Pueb1oCtYC1k &Reo SUBD RGR 76.00 D 0.00 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 fast 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. DPW 101 3 04/09/04 IIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 612 000 54A Chris C. Munoz PuebloCtyClk &Reo SUBD AGR 76.00 D 0.00 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 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 DPW 101 04/09/04 IIIIIIIIIIIIIIIII IIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIII 0 612000 Chris C. Munoz PuebloCtyClk&Rec SUBD PGR 76.00 D 0.00 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. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. DPW 101 04/09/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 612000 54A Chris C. Munoz Pueb1oCtyC1k &Rec SUBD AGR 76.00 D 0.00 Horizon Communities, Inc. Subdivid r a Colo ad Corpor (SEAL) By: /� Robert W. Leach, President By: The foregoing instrument was acknowledged before me on rF59,0pQ14 2005 , by Robert W. Leach, President of Horizon Communities, Ir ; cSubdivider. ,- a Colorado Corporation J M . . . mmission expires: '1 i o� 2mw� OP•eeEv,, . L� ref fV�- L✓Pp2L�. L.OM� O R '• ,� � T A —�— Notary Public � 1 F COL My Commission Exoires 07 Al COUNTY OF PUEBLO I ss. j "The forrego "ng instrument was acla yn c President of City Council, and olorado. 1 5110 ;OTAR my hand and official seal. My G •; C-rame � t it , as as City Clerk f the City of expires: 1 � CCL Notary Public APPROVED AS TO FORM: City Attorney DPW 101 6 04/09/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1155 12000 Chris C. Munoz PuebloCtyC1k&Rec SUBD RGR 76.00 D 0.00 EXHIBIT "A" LAND DESCRIPTION: A parcel of land in the SW 1 /4 of Section 11, Township 20 South, Range 65 West of the 6 P.M. in the County of Pueblo, State of Colorado and being more particularly described as follows: Considering the South line of the SE' /4 of the SW 1 /4 of Section 11, Township 20 South, Range 65 West of the 6"' P.M. to bear N. 89 W. and all bearings contained herein being relative thereto. Beginning at the Northeast corner of Westridge, Filing No. 6, according to the recorded plat thereof, filed for record November 21, 2001; thence Westerly, along the North subdivision boundary line of said Filing No. 6 the following three (3) courses: 1. N. 89 W., a distance of 892.98 feet; 2. N. 03 E., a distance of 13.55 feet; 3. N. 86 W., a distance of 210.25 feet to the West line of the SE 1 /4 of the SW 1 /4 of said Section 11 and the centerline of a power easement, being 20 feet in width, conveyed by deed recorded in Book 1551 at Page 587 of the said County records; thence N. 03 °09'05" E., along said West line, a distance of 85.19 feet; thence N. 89 W., a distance of 6.46 feet; thence N. 00 E., a distance of 340.00 feet; thence S. 89 0 5528" E., a distance of 25.22 feet; thence N. 00 E., a distance of 116.06 feet; thence S. 89 0 5528" E., a distance of 156.52 feet; thence S. 85 0 55 1 55" E., a distance of 60.00 feet; thence S. 89 0 40'26" E., a distance of 619.67 feet; thence S. 00 W., a distance of 70.00 feet; thence S. 89 E., a distance of 114.38 feet; thence S. 74 E., a distance of 60.00 feet; thence along the arc of a curve to the right whose radius is 430.00 feet and whose center bears N. 74 W., a distance of 26.17 feet; thence S. 77 E., a distance of 104.22 feet; thence S. 06 0 52'40" W., a distance of 46.60 feet to the North subdivision boundary line of Westridge, Filing No. 1, according to the recorded plat thereof, filed for record July 3, 1995; thence along the subdivision boundary of said Filing No. 1 the following two (2) courses: 1. N. 89 W., a distance of 20.00 feet; 2. S. 00 E., a distance of 380.07 feet to the Point of Beginning. Containing 13.586 acres. Prepared by: NorthStar Engineering and Surveying, Inc. 111 E. 5"' Street Pueblo, CO 81003 June 3, 2003 JN 99 097 05 IIIIII IIIII IIIIII IIII VIII IIIII IIIIIII III IIIII IIII IIII 16 12000 54A Chris C. Munoz PuebloCt vClk &Reo SUBD RGR 76.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: DEVELOPER: ENGINEER: PHASE I: STREETS 3" Asphalt over 6" Base Course Curb and Gutter Handicap Ramp (4) WATER 8" PVC Water Main Service Fire Hydrant Ass'y SANITARY SEWER: 8" PVC Sewer Main 48" Manholes Services STORM SEWER 36" RCP Type I -B Manhole STREET LIGHT MONUMENT BOX SIGNAGE 4- WAY - Intersection (60' R -O -W) BARRICADES WESTRIDGE FILING NO. 5 HORIZON COMMUNITIES, INC. NORTHSTAR ENGINEERING AND SURVEYING, INC. 1010 SY @ $12.00 /SY = $12,120 540 LF @ $10.00 /LF = $5,400 480 SF @ $3.00 /SF $1,440 2980 LF @ $45.00 /LF = $134,100 2 EA @ $500.00 /EA = $1,000 1 EA @ $3,000.00 /EA = $3,000 265 LF @ $30.00 /LF = $7,950 1 EA @ $2,200.00 /EA = $2,200 2 EA @ $1,000.00 /EA = $2,000 265 L.F. @ $65.00 /LF = $17,225 1 EA @ $2,250.00 /EA = $2,250 1 EA @ $1,300.00 /EA = $1,300 1 EA @ $575.00 /EA = $575 1 EA @ $300.00 /EA = $300 L=16' 1 EA @ $825.00 /EA = $825 PHASE I - WIDENER STREET - SUBTOTAL $191,685 Page: 9 of 15 IIIIII VIII IIIIII IIII VIII VIII IIIIIiI III VIII IIII IIII 161200054P Chris C. Munoz PuebloCtyClk4Rec SUBD RGR 76.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WESTRIDGE FILING NO. 5 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. MEADOWLARK LANE AND MEAD OWLARK PLACE PHASED @ $30.00 /LF = STREETS @ $800.00 /EA = 3" Asphalt over 6" Base Course 4350 SY @ Curb and Gutter 2400 LF @ Handicap Ramp (2) 244 SF @ Flowable Fill 8 CY @ WATER 8" PVC Water Main Service Fire Hydrant Ass'y SANITARY SEWER: 8" PVC Sewer Maln Services 48" Manholes 1180 LF @ 33 EA @ 2 EA @ 990 LF @ 33 EA @ 3 EA @ STORM SEWER 24" RCP 18" RCP Type I -B Manhole Type "S" Inlet L =8' Type "S" Inlet L =10' Type "S" Inlet L =14' UNDERDRAIN 6" SDR 35 Main Services STREET LIGHT MONUMENT BOX SIGNAGE T- Inters ection (60' R -O -W) BARRICADES L =16' 78 L.F. @ 740 L.F. @ 3 EA @ 1 EA @ 1 EA @ 1 EA @ $12.00 /SY = $10.00 /LF = $3.00 /SF $65.00 /CY $52,200 $24,000 $732 $520 $45.00 /LF = $53,100 $500.00 /EA = $16,500 $3,000.00 /EA = $6,000 $30.00 /LF = $1,000.00 /EA = $2,200.00 /EA = $29,700 $33,000 $6,600 $40.00 /LF = $38.00 /LF = $2,250.00 /EA = $3,300.00 /EA = $3,700.00 /EA = $4,500.00 /EA = 990 LF @ $30.00 /LF = 33 EA @ $800.00 /EA = 2 EA @ $1,300.00 /EA = 3 EA @ $575.00 /EA = 1 EA @ $200.00 /EA = $3,120 $28,120 $6,750 $3,300 $3,700 $4,500 $29,700 $26,400 $2,600 $1,725 $200 2 EA @ $825.00 /EA = $1,650 PHASE I - MEADOWLARK - SUBTOTAL $334,117 SUBDIVISION IMPROVEMENTS AGREEMENT SUBDMSION NAME: DEVELOPER: ENGINEER: PHASE II: STREETS 3" Asphalt over 6" Base Course Curb and Gutter Handicap Ramp (4) WATER 8" PVC Water Main Service Fire Hydrant Ass'y SANITARY SEWER: 8" PVC Sewer Main 48" Manholes Services STORM SEWER 36" RCP Type I -B Manhole STREET LIGHT MONUMENT BOX SIGNAGE 4- WAY - Intersection (60' R -O -W) ����� VIII IIIIII IIII VIII VIII IIIIIII III IIIIII III IIII 1612000 541g Chris C. Munoz PuebloCtyCik &Reo SUBD RGR 76.00 D 0.00 EXHIBIT "B" WESTRIDGE FILING NO. 5 HORIZON COMMUNITIES, INC. NORTHSTAR ENGINEERING AND SURVEYING, INC. 1050 SY @ $12.00 /SY = $12,600 560 LF @ $10.00 /LF = $5,600 480 SF @ $3.00 /SF $1,440 280 LF @ $45.00 /LF = $12,600 4 EA @ $500.00 /EA = $2,000 1 EA @ $3,000.00 /EA = $3,000 280 LF @ $30.00 /LF = $8,400 1 EA @ $2,200.00 /EA = $2,200 4 EA @ $1,000.00 /EA = $4,000 145 L.F. @ $65.00 /LF = $9,425 1 EA @ $2,250.00 /EA = $2,250 1 EA @ $1,300.00 /EA = $1,300 1 EA @ $575.00 /EA = $575 1 EA @ $300.00 /EA = $300 1 EA @ $825.00 /EA = $825 PHASE II - WIDENER STREET - SUBTOTAL $66,515 Page: 11 of 15 IIIIII VIII IIIIII IIII VIII VIII IIIIIII III IIIIII III IIII 161200054: Chris C. Munoz PuebloCtyC1k &Rec SUBD AGR 76.00 0 0.00 SUBDIVISION JLMFKUVEMENTS AGREEMENT EXHIBIT "B" SUBDMSION NAME: DEVELOPER: 491c)(0 l INSPIRATION LANE PHASE II: STREETS 3" Asphalt over 6" Base Course Curb and Gutter Handicap Ramp (6) Flowable Fill WATER 8" PVC Water Main Service SANITARY SEWER: 8" PVC Sewer Main Services 48" Manholes STORM SEWER 36" RCP 24" RCP 18" RCP Type I -B Manhole Type "S" Inlet L =7' Type "S" Inlet L =9' Type "S" Inlet L =11' Type "S" Inlet L =14' UNDERDRAIN 6" SDR 35 Main Services STREET LIGHT MONUMENT BOX IGNAGE T- Intersection (60' R -O -W) WESTRIDGE FILING NO. 5 HORIZON COMMUNITIES, INC. NORTHSTAR ENGINEERING AND SURVEYING, INC. 3650 SY @ $12.00 /SY = $43,800 1950 LF @ $10.00 /LF = $19,500 720 SF @ $3.00 /SF $2,160 16 CY @ $65.00 /CY $1,040 975 LF @ $45.00 /LF = $43,875 20 EA @ $500.00 /EA = $10,000 775 LF @ $30.00 /LF = $23,250 20 EA @ $1,000.00 /EA = $20,000 3 EA @ $2,200.00 /EA = $6,600 40 L.F. @ $65.00 /LF = $2,600 260 L.F. @ $40.00 /LF = $10,400 350 L.F. @ $38.00 /LF = $13,300 3 EA @ $2,250.00 /EA = $6,750 2 EA @ $3,100.00 /EA = $6,200 1 EA @ $3,500.00 /EA = $3,500 1 EA @ $3,900.00 /EA = $3,900 1 EA @ $4,500.00 /EA = $4,500 775 LF @ $30.00 /LF = $23,250 20 EA @ $800.00 /EA = $16,000 3 EA @ $1,300.00 /EA = $3,900 6 EA @ $575.00 /EA = $3,450 2 EA @ $200.00 /EA = $400 PHASE II - INSPIRATION - SUBTOTAL $268,375 61200054 III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 - Chris C Munoz PuebloCtyC1k &Rec SUBD RGR 76.00 D 0.00 . SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WESTRIDGE FILING NO. 5 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. MEADOWLARK LANE PHASE II: STREETS 3" Asphalt over 6" Base Course 750 SY @ $12.00 /SY = $9,000 Curb and Gutter 400 LF @ $10.00 /LF = $4,000 WATER 8" PVC Water Main 200 LF @ $45.00 /LF = $9,000 Service 2 EA @ $500.00 /EA = $1,000 SANITARY SEWER: 8" PVC Sewer Main 110 LF @ $30.00 /LF = $3,300 Services 2 EA @ $1,000.00 /EA = $2,000 UNDERDRAIN 6" SDR 35 Main 50 LF @ $30.00 /LF = $1,500 Services 2 EA @ $800.00 /EA = $1,600 MONUMENT BOX 1 EA @ $575.00 /EA = $575 BARRICADES L =16' 1 EA @ $825.00 /EA = $825 PHASE II - MEADOWLARK - SUBTOTAL $32,800 1612000 54` Chris C. Munoz PuebloCtyC1k &Rec SUBD AGR 75.00 0 0.00 SUBDIVISION 1F1PR0VEMENTSAGREEMENT EXHIBIT "B" SUBDIVISION NAME: Ibl4vl4 Kola 4 iA ENGINEER: EMERALD LANE PHASE II: STREETS 3" Asphalt over 6" Base Course Curb and Gutter WATER 8" PVC Water Main Fire Hydrant Ass'y SANITARY SEWER: 8" PVC Sewer Main MONUMENT BOX BARRICADES L =16' WESTRIDGE FILING NO. 5 HORIZON COMMUNITIES, INC. NORTHSTAR ENGINEERING AND SURVEYING, INC. 520 SY @ $12.00 /SY = $6,240 280 LF @ $10.00 /LF = $2,800 170 LF @ $45.00 /LF = $7,650 1 EA @ $3,000.00 /EA = $3,000 160 LF @ $30.00 /LF = $4,800 1 EA @ $575.00 /EA = $575 1 EA @ $825.00 /EA = $825 PHASE II - EMERALD - SUBTOTAL $25,890 IIIIII IIIIIIIIII IIIIIIIII IIIIIIIIIIII IIIIIIIIIIIIIII 0 61200054 Chris C. Munoz Pueb1oCtyC1k %Rec SUED AGR 76.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: DEVELOPER: ENGINEER: ERINDALE LANE PHASE II: STREETS 3" Asphalt over 6" Base Course Curb and Gutter WATER 8" PVC Water Main Fire Hydrant Ass'y SANITARY SEWER: 8" PVC Sewer Main MONUMENT BOX BARRICADES L=16' WESTRIDGE FILING NO. 5 HORIZON COMMUNITIES, INC. NORTHSTAR ENGINEERING AND SURVEYING, INC. 520 SY @ $12.00 /SY = $6,240 280 LF @ $10.00 /LF = $2,800 170 LF @ $45.00 /LF = $7,650 1 EA @ $3,000.00 /EA = $3,000 160 LF @ $30.00 /LF = $4,800 1 EA @ $575.00 /EA = $575 1 EA @ $825.00 /EA = $825 PHASE II - ERINDALE - SUBTOTAL $25,890 1 111111 IN 111111 161 of 15 ` Chris C. Munoz Pueb1oCtyC1k &Rec SUBD RGR 76.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDMSION NAME: WESTRIDGE FILING NO. 5 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. TOTAL PHASE I: $525,802 TOTAL PHASE II: $419,470 TOTAL PROJECT: $945,272 This is an estimate only. Actual construction costs may vary. PREPARED BY: M.CUPPY FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC. The undersigned hereby certifies that (1) the required Public Improvements shown hereon and on the Plans and Specifications meet the requirements of and have been designed in accordance with Chapter 4, Title XII of the Pueblo Municipal Code as amended and the current standards and specifications as approved by City Council, (ii) the quantities of construction elements shown hereon accurately depicts th%�WW s necessary to construct the Required Public Improvements and (iii) the unit prices shown it�l ��,.,glost current unit prices provided by the City of Pueblo. Professional Engineer REVIEWED BY: I IIIII VIII IIIIII IIII II IIIII III IIIII VIII II IIII 612001 0 .54E Chris C. Munoz Pueb1oCtyC1k&Rec ADD AGRR 15.00 D 0.00 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the ftK%kA a-A I r IW O S , Subdivision Improvements Agreement for Westridge, Filing No. 7 (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. The Subdivider will develop the Subdivision in separate phases in the sequence described in the attached Exhibit "A ". 2. The Subdivider shall construct and install all Required Public Improvements in the manner and as described in the Subdivision Improvements Agreement needed and required to serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A ". 3. For purposes of determining the extent and timing of the Required Public Improvements, each Phase shall be considered as a separate subdivision. 4. After completion of all Required Public Improvements for any Phase and approval thereof by the Director of Public Works, the City will release the lots in that Phase from the Subdivision Improvements Agreement and this Addendum. 5. Any development of the Subdivision contrary to the phasing sequence set forth in paragraph 1 above without the prior written approval of the Director of Public Works ( "Director ") shall constitute a breach of the Subdivision Improvements Agreement and this Addendum and City may thereafter refuse to approve the issuance of building permits for construction within the Subdivision. 6. No modifications to the phasing sequence set forth in the attached Exhibit "A" shall be approved by the Director until (a) Subdivider's engineer certifies in writing that the requested modifications will not result in any lot in the Subdivision being inadequately served by required public improvements, (b) Subdivider furnishes title information satisfactory to the City showing all persons and entities having a recorded interest in all lots within the Subdivision ( "Interested Parties "), and (c) all Interested Parties execute and acknowledge their consent to and approval of the modification to the phasing sequence in form and content approved by the City Attorney. 7. The Subdivision Improvements Agreement as amended by this Addendum shall remain in full force and effect and the covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and Subdivider and their respective heirs, personal representatives, successors, and assigns. Executed at Pueblo, Colorado, as of 1 S 2,m m S Horizon Communities, Inc. Subdivider a Colorado Corporation DPW 103 1/6/04 BY '� Robert W. Leach, President C STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 1 day of fZuAp.� ,�90 ,by Robert W. Leach, President of ,Subdivider. Horizon Communities, Inc., a Colorado Corporation. Witness my hand and official seal. My commission expires: I 21 NBN OA rly— �� SE X - L OpTAr�Y o C COL My Comml,��r_o = ;,tires 07 -10 -2006 1101 zmoob UAW gtool Q �, Notar Public CITY OF PUEBLO, a unicipal Co oT/n ' By 7 President of ouncil 1612001 Page: 2 of 3 1111111111111111111111111111111111111111111111111111111 03/22/2005 11 : 549 Chris C. Munoz PuebloCtyClk&Rec ADD AGRR 16.00 D 0.00 DPW 103 1/6/04 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" The Subdivider will develop the Subdivision in separate phases in the following sequence: (a) Phase I shall consist of the following lots within the Subdivision: Block 2, Lots 70 - 88 Block 5, Lot 3 Block 6, Lots 1 and 2 Block 11, Lots 1 - 12 (b) Phase II shall consist of the following lots within the Subdivision: Block 2, Lots 89 - 91 Block 6, Lots 3 and 4 Block 7, Lots 14 and 15 Block 8, Lots 11 - 13 Block 9, Lots 11 - 14 Block 10, Lots 11 and 12 Block 11, Lots 13 - 24 IIIIII VIII I II III (III VIII IIIIII III VIII III IIII 612001 Page: .541 Chris C. Munoz Pueb1oCtyC1k &Reo ADD AGRR 16.00 D 0.00 DPW 103 1/6/04