HomeMy WebLinkAbout07105Reception 1552261
02/24/2004
ORDINANCE NO. 7105
AN ORDINANCE APPROVING THE PLAT OF
EAGLECROSS SUBDIVISION SEVENTH FILING
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Eaglecross Subdivision Seventh Filing, being a subdivision of
land legally described as:
A parcel of land being a portion of the NE' /4 of the SW' /4 of Section 12, Township 20
South, Range 65 West of the Sixth Principal Meridian being more particularly described
as follows:
BEGINNING at a point on the north line of Lot 2, Block 3, Eaglecross Subdivision
Second Filing according to the recorded plat there of filed for record March 16, 1995 in
Book 2790 at Page 867 in the records of the Pueblo County Clerk and Recorder, from
which the northeast corner of said Lot 2 bears S 89 °47'17 "E (bearings based on the
east line of said Lot 2 monumented at the north end with a No. 4 rebar and yellow
plastic surveyor's cap and at the south end with a No. 4 rebar and a red surveyor's cap,
P.L.S. 16128, to bear S 00 0 12'43 "W, as established on the recorded plat of Eaglecross
Subdivision Second Filing) a distance of 206.96 feet; thence N 89 T W a distance
of 389.32 feet to a point on the east right of way line of Eagleridge Circle; thence along
the easterly and southerly said right of way line the following five (5) courses;
1. N 00 0 12'43 "E, a distance of 404.45 feet;
2. along the arc of a curve to the right having a central angle of 90 0 19'59 ", a radius of
210.00 feet, a distance of 331.09 feet;
3. S 89 0 27'18 "E, a distance of 378.83 feet;
4. along the arc of a curve to the right having a central angle of 61 a radius of
310.00 feet, a distance of 332.62 feet;
5. S 27 0 58'46 "E, a distance of 82.80 feet;
thence S 62 °01'14 "W, a distance of 160.28 feet; thence N 89 °47'17 "W, a distance of
370.00 feet; thence S 00 0 12'43 "W a distance of 300.00 feet to the POINT OF
BEGINNING.
Said parcel contains 8.34 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.
4 t °to! INTRODUCED: January 26, 2004
° o
a w BY: Michael Occh i ato
C UNCILPERSON
T APPROVED:
PkESIPtNT OF CITY COUNCIL
AT � BY: DL
Y CLERK
PASSED AND APPROVED: February 9, 2004
B� �1 _ Lt
Background Paper for Proposed
ORDINANCE
� ; fJ7 1 )16g -
AGENDA ITEM #
DATE: January 26, 2004
DEPARTMENT: COMMUNITY DEVELOPMENT /JAMES MUNCH
LAND USE ADMINISTRATORMAMES MUNCH, ACTING DIR.
TITLE
AN ORDINANCE APPROVING THE PLAT OF EAGLECROSS SUBDIVISION
SEVENTH FILING
ISSUE
Shall City Council approve a request to subdivide this property for the purpose of
commercial development?
RECOMMENDATION
The Planning Commission voted 4-0-1 (Lytle abstaining) to recommend approval.
BACKGROUND
Eaglecross Subdivision Seventh Filing is generally located on the northside of
Pueblo, northwest of the intersection of Eagleridge Boulevard and Elizabeth
Street, adjoining Eagleridge Circle. The applicant is proposing to subdivide the
unplatted land (one parcel) into ten (10) lots, ranging in size from .51 to 1.56
acres, for the purposes of commercial development. The applicant has complied
with all of the items listed in the SCR memo dated May 28, 2003 as confirmed in
the memo from Joe Martellaro dated January 15, 2004 in compliance with the
conditions of approval made by the Planning and Zoning Commission on June 11,
2003.
FINANCIAL IMPACT
None
Reception 1552263
02/24/2004
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on February 18 2004 between the
CITY OF PUEBLO, a Municipal Corporation ( "City "), and
W.L. Enterprises, L TD, a New Mexico Limited Partnership
( "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
Eaglecross Subdivision Seventh Filing
( "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 show 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,
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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 Improve-
ments 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.
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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
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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
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.
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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 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.
15, All Required Public Improvements shall be constructed and installed in compli-
ance with all applicable standards and specifications approved by City Council.
16. The parties agree this Agreement may be periodically amended by mutual consent
provided such amendment is in writing and signed by all parties.
17. 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.
W .L. Enterprises, LTD, a New Mexico Limited Partners
;- O T A R y £ Subdivider
G (/ VI
(SEAL�%sTp L ` B G
y'
General Partner
By:
The fgregoi y l instrument was acknowledged before me on
by W.L. Enterprises, LTD, a New Mexico Limited Pa rtnershi Subdivider.
t 4,ayne Lovelady as General Partner of
My commission expires:
Notary Public
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ATTEST:
A.
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
CITY OF PUEBLO, a Municipal Corporation
By:
Pr ident of City Council
The foregoing instrument was acknowledged before me this 23rd day of
February , 2004 by Randy Thurston as
President of City Council, and Gina Dutcher as City Clerk of the City of
I
4
4
• - •1Nitn
XOT4
My co'!E
^�`• �'�9 LA {r
my hand and official seal.
expires:
ED AS TO FORM:
City Attorney
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Exhibit "A"
Ea, [ecross Subdivision Seventh Filing.
LEGAL DESCRIPTION
A parcel of land being a portion of the NE %4 of the SW V. of Section 12, Township 20 South,
Range 65 West of the Sixth Principal Meridian being more particularly described as follows:
BEGINNING at a point on the north line of Lot 2, Block 3, Eaglecross Subdivision Second Filing
according to the recorded plat there of filed for record March 16, 1995 in Book 2790 at Page 867
in the records of the Pueblo County Clerk and Recorder, from which the northeast corner of said
Lot 2 bears S 89 °47'17 "E (bearings based on the east line of said Lot 2 monumented at the north
end with a No. 4 rebar and yellow plastic surveyor's cap and at the south end with a No. 4 rebar
and a red surveyor's cap, P.L.S. 16128, to bear S 00 0 12'43 "W, as established on the recorded
plat of Eaglecross Subdivision Second Filing) a distance of 206.96 feet; thence N 89 °47'17 "W a
distance of 389.32 feet to a point on the east right of way line of Eagleridge Circle; thence along
the easterly and southerly said right of way line the following five (5) courses;
1. N 00 °12'43 "E, a distance of 404.45 feet;
2. along the arc of a curve to the right having a central angle of 90 °19'59 ", a radius of 210.00
feet, a distance of 331.09 feet;
3. S 89 0 27'18 "E, a distance of 378.83 feet;
4. along the arc of a curve to the right having a central angle of 61'28'32", a radius of 310.00
feet, a distance of 332.62 feet;
5. S 27 0 58'46 "E, a distance of 82.80 feet;
thence S 62 °01'14 "W, a distance of 160.28 feet; thence N 89 °47'17 "W, a distance of 370.00 feet;
thence S 00 0 12'43 "W a distance of 300.00 feet to the POINT OF BEGINNING.
Said parcel contains 8.34 acres more or less.
Exhibit A
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SUBIIIVIMUN INTPROVE'VIENTS AGREENIENT
EXHIBIT "B"
SUBDIVISION NAME: Eaglecross Subdivision Seventh Filing
DEVELOPER: W.L. Enterprises, LTD, a New Mexico Limited Partnership
ENGINEER: Mangini Reeves, Inc.
Itemization of Public Improvements
(Use Unit Prices Approved by Public Works in Preparation of Exhibit "B ")
EAGLECROSS SUBDIVISION 7th FILING IMPROVEMENTS COST ESTIMATE
14_4 :114trc]
Water UNITS QUANTITY PER UNIT TOTAL COST
N/Al EA 1 $0.00 $0.00
SUBTOTAL $0.00
Sanitary Sewer UNITS QUANTITY PER UNIT TOTAL COST
N/Al LS 1 $0.00 1 $0.00
SUBTOTAL $0.00
Erosion Control UNITS QUANTITY PER UNIT TOTAL COST
Temporary Seeding
AC
8.34
2000
$16,680.00
Erosion Control Blanket
SF
4,000
0.75
$3,000.00
Silt Fence
LF
2,000
$1.50
$3,000.00
Straw Bales (replaced one time)
EA
66
$9.75
$643.50
SUBTOTAL $23,323.50
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Stormwater Drainage UNITS QUANTITY PER UNIT TOTAL COST
Grading
Permanent Seeding
Type II Inlet
Concrete Trickle Pans
18" RCP
Rip -Rap
Concrete Pond Footer
Concrete Pond Walls
Concrete Pond Maintenance Drive Slab
Concrete Pond Guard Rail
CY
24,000
$2.00
$48,000.00
AC
4
$2,000.00
$7,400.00
EA
2
$3,000.00
$6,000.00
SF
1120
$3.80
$4,256.00
LF
50
$36.00
$1,800.00
TON
105
$65.00
$6,825.00
CY
66
$150.00
$9,900.00
CY
66
$220.00
$14,520.00
SF
220
$3.20
$704.00
LF
408
$11.00
$4,488.00
SUBTOTAL
$103,893.00
TOTAL $127,216.50
Miscellaneous Contingincies @ 15% $19,082.48
GRAND TOTAL $146,298.98
This is an estimate only. Actual construction costs may vary.
PREPARED BY: Joseph V. Gagliano, P.E.
FIRM: Mangini Reeves, Inc.
The undersigned hereby certifies that (i) the quantities of construction elements shown hereon
REVIEWED BY:
antities necessary to construct the Required Public Improvements and
hereon are the most current unit price provided by the City of Pueblo.
Pr fessional Enair-eer Date
6� Cry 2/Z3/60
City of Pueblo
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