HomeMy WebLinkAbout07154Reception 1594312
11/16/2004
ORDINANCE NO. 7154
AN ORDINANCE APPROVING THE PLAT OF
WESTGATE ON THE BOULEVARD SUBDIVISION,
FILING NO. 2
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Westgate on the Boulevard Subdivision, Filing No. 2, being a
subdivision of land legally described as:
A portion of Block 9, 10, 19 and 20 and portions of the vacated alleys and vacated
Candice Lane adjacent thereto in Chamberlin's Subdivision, according to the recorded
plat thereof, filed for record August 8, 1887. Including that portion dedicated as Perry
Avenue and Newport Street in the Right -of -Way and Drainage Easement Dedication
recorded at Reception No. 1363725 in the Pueblo County records and all being more
particularly described as follows:
Considering the East line of the Northwest' /. of Section 27, Township 20 South, Range
65 West of the 6 P.M. to bear N. 01 W. and all bearings contained herein being
relative thereto.
Beginning at a point from which the North '/. corner of Section 27, Township 20 South,
Range 65 West Bears N. 01 0 28'23" E., a distance of 166.47 feet, said point also being
on the Westerly Right -of -Way line of future Spaulding Avenue, thence along the said
Westerly right -of -way line of future Spaulding Avenue the following three (3) courses:
1. S. 05 0 44'06: W., a distance of 63.01 feet;
2. along the arc of a curve to the left whose radius is 390.00 feet,
a distance of 42.41 feet;
3. S. 00 0 29'56" E., a distance of 239.01 feet;
Thence S. 89 0 30'04" W., a distance of 1120.00 feet to the Westerly right -of -way line of
Perry Avenue. Thence along said Westerly right -of -way line the following five (5)
courses:
1. N. 00 0 29'56" W., a distance of 208.00 feet;
2. along the arc of a curve to the left whose radius is 170.00 feet,
a distance of 66.92 feet;
3. N. 23 °03'11" W., a distance of 89.42 feet;
4. along the arc of a curve to the right whose radius is 230.00 feet,
a distance of 90.54 feet;
5. N. 00 0 29'56" W., a distance of 20.00 feet;
thence N. 89 0 30'04" E., a distance of 60.00 feet to a point on the Easterly right -of -way
line of Perry Avenue, thence along said Easterly right -of -way line the following three (3)
courses:
1. S. 00 0 29'56" E., a distance of 20.00 feet;
2. along the arc of a curve to the left whose radius is 170.00 feet,
a distance of 66.92 feet
3. S. 2 3 °03'11" E., a distance of 37.68 feet;
thence N. 89 °30'04" E., a distance of 466.40 feet to the Westerly right -of -way line
Newport Street, thence along said Westerly Right -of -Way line along the arc of a curve
to the right, whose radius is 230.00 feet and whose center bears N. 58 0 03'08" E., a
distance of 126.24 feet, thence N. 89 0 30'04" E., a distance of 60.00 feet to the Easterly
right -of -way line of Newport Street, thence along said Easterly right -of -way line the
following two (2) courses:
1. along the arc of a curve to the left whose radius is 170.00 feet and whose center
bears N. 89 0 30'04" E., a distance of 125.93 feet;
2. along the arc of a curve to the right whose radius is 230.00 feet,
a distance of 7.05 feet;
thence N 89 30' 04" E., a distance of 564.74 feet to the point of Beginning.
Containing 9.254 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.
This ordinance is approved upon the following condition:
1. Condition per Section 12-4 -7 (e) (4). The subdivider will deposit with the City
a cash deposit equal to the cash payment made in -lieu of land dedication, which will be
held in escrow until land for park and recreation purposes is dedicated within the
Westgate on the Boulevard Master Plan.
SECTION 3.
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 4.
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 5.
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
conditions set forth in Section 2 are met and complied with, and (c) 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 (I)
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
becomes effective.
c
4Q ..
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INTRODUCED: May 24, 2004
BY: Michael Occhiato
C NCI PERSON
APPROVED:
PRESID T OF CITY COUNCIL
ATTESTED BY:
1ITY CLERK
PASSED AND APPROVED: June 14, 2004
Background Paper for Proposed
ORDINANCE
DATE: MAY 24, 2004
0 # rIl54
AGENDA ITEM # M `jo
DEPARTMENT: COMMUNITY DEVELOPMENT /JAMES MUNCH
LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP
TITLE
AN ORDINANCE APPROVING THE PLAT OF WESTGATE ON THE
BOULEVARD SUBDIVISION, FILING NO. 2
ISSUE
Shall City Council approve a request to subdivide this property for the purpose of
residential development?
RECOMMENDATION
The Planning Commission voted 5 -0 -1 (Lytle) to recommend approval of the plat
with the following condition:
Condition per Section 12-4 -7 (e) (4). The subdivider will deposit with the City a
cash deposit equal to the cash payment made in -lieu of land dedication, which will
be held in escrow until land for park and recreation purposes is dedicated within
the Westgate on the Boulevard Master Plan.
BACKGROUND
Westgate on the Boulevard Filing No. 2 is located east of Perry Avenue on both
sides of Candice Lane in the existing Chamberlin Subdivision. The applicant
wishes to re- subdivide a small piece of the Chamberlin Subdivision to make the
existing lots compatible with current zoning requirements, to establish a new name
for this portion of the subdivision, and to construct single - family homes with public
water, sewer, and utilities. This subdivision will establish 27 lots and one parcel of
2.26 acres on 9.25 acres. The conditions of approval as described in the
Subdivision Review Committee memo dated March 31, 2004, have been
addressed to the satisfaction of the Director of Public Works.
FINANCIAL IMPACT
None
Reception 1594320
11/16/2004
SUBDIVISION HAPROVEMENTS AGREEMENT
(Alternative 5)
THIS AGREEMENT is made ea- �u< fV; 260Y 2004 , between the CITY OF PUEBLO, a
Municipal Corporation ( "City"), and Today's Land Company, LLC,
a Colorado Limited Liability Company
('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
Westgate on the Boulevard, Filing No. 2
( "Subdivision'), wishes to enter into this Subdivision Improvements Agreement as authorized by
Section 12- 4- 70)(1)(f) of the Pueblo Municipal Code; and
WHEREAS, Subdivider is required by Chapter 4, Title 3GI of the Pueblo Municipal Code
to construct and install public improvements described and set forth in Chapter 4, Title 3GI 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 Section 12- 4- 70)(1)(f) of the Pueblo Municipal Code, Subdivider is
obligated to deposit with the Director of Finance an irrevocable letter of credit approved by the City
Attorney and issued by a bank or other qualified institution authorized to do business in the state of
Colorado in a stated amount equal to the cost of constructing the Required Public Improvements as
estimated by the Director of Public Works ("Letter of Credit ").
NOW, THEREFORE, in consideration of the foregoing and the following mutual covenants
and agreements, the City and Subdivider agree as follows:
Subdivider agrees to construct and install at its sole cost and expense all of the
Required Public Improvements within eighteen (18) months from date hereof.
2. In the event the Subdivider or any subsequent owner of the land fails to complete the
Required Public Improvements 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. All remedies provided for in this agreement, are cumulative and
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ChrisC.Munoz Pueb1oCtyC1k &Reo SUBD AG R 41.00 D 0.00
the use of one shall not prohibit the use of another.
3. As a condition of approval of this Subdivision, and to meet the requirements of
Chapter 4, Title X11 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 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 3
and the restriction on the issuance of building permits contained in Paragraph 2 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.
4. Approval of the 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 ofthe 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.
5. The required time to complete all Required Public Improvements by Subdivider shall
be eighteen (18) months from the date hereof. 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
to be released. If all Required Public Improvements are not completed within the
required time, the City Director of Public Works shall draw on the Letter of Credit
an amount equal to the cost to then construct and complete the required Public
Improvements. The amount drawn on the Letter of Credit shall be used to complete
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.
6. 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,
50Z
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ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 41.00 D 0.00
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.
7. 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.
8. 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.
9. 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 X11 of the Pueblo Municipal Code.
10. Except for Omitted Public Improvements, latent defects in construction, design or
work, and guarantee required by Section 12- 4- 7G)(9)(a) of the Pueblo Municipal
Code, nothing in this Agreement shall be construed to extend any obligation of the
-3-
1 11111111 VIII IIIIII 1111111111111111 1594 8
ChrisC.Munoz PuebloCtyClk &Rec SUED RG R 41.00 D 0.00
Subdivider beyond the date of written approval and acceptance by the Director of
Public Works of the Required Public Improvements described in attached Exhibit
«
11. All Required Public Improvements shall be constructed and installed in compliance
with all applicable standards and specifications approved by City Council.
12. The parties agree this Agreement may be periodically amended by mutual consent
provided such amendment is in writing and signed by all parties.
13. 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 runnin with the land
until released as herein provided.
The parties have caused this Agreement to be executed and attested by its duly authorized and acting
S £�A LA
7 �,)�; O 41 8 Igot% O
Today's Land Company, LLC
a Colorado Limited Liability Company
Subdivid
Y
Bruce W. Botterbusch, Manager
I�
' YC0 0 "WftHaP dig instrument was acknowledged before me on S!0 • oZ 2004 by
Bruce W. Botterbusch, Manager . Subdivider.
Today's Land Company, LLC, a Colorado Limited Liability Company
CITY OF PUEBLO, a Municipal Corporation
By !
Presi t of City Council
-4-
MY comupssion expires:
10 1 0-1
IIIIII VIII IIIIII IIIIII II IIIIiII IIIIII III VIII IIII IIII 1594320
Page: 5 of 8
STATE OF COLORADO 11/16/2004 09:15A
SS. ChrisC.Munoz PuebloCtyC1k &Rec SUBD AG R 41.00 D 0.00
COUNTY OF PUEBLO
The foregoing instrument was acknowledged before me this day of y
as President of City Council, and ►
&jeGj W,ClJrk of the City of Pueblo, Colorado.
7V;;..:.: J O ASTO x.1y hand and official seal.
ssion expires:
•. �� FORM:
[SEA
No Public
City Attorne
-5-
1111111111111111111111111111111111111111111111111111111 159 of 8 p
ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 41.00 D 0.00
EXHIBIT A
LAND DESCRIPTION
A portion of Blocks 9, 10, 19 and 20 and portions of the vacated alleys and vacated
Candice Lane adjacent thereto in Chamberlin's Subdivision, according to the recorded
plat thereof, filed for record August 8, 1887. Including that portion dedicated as Perry
Avenue and Newport Avenue in the Right -of -Way and Drainage Easement Dedication
recorded at Reception No. 1363725 in the Pueblo County records and all being more
particularly described as follows:
Considering the East line of the NW 1 /4 of Section 27, Township 20 South, Range 65
West of the 6"' P.M. to bear N. 01 0 1430" W. and all bearings contained herein being
relative thereto.
Beginning at a point from which the North 1 /4 corner of Section 27, Township 20 South,
Range 65 West bears N. 04 0 3639" E., a distance of 167.03 feet, said point also being
on the Westerly right -of -way line of future Spaulding Avenue; thence along the said
Westerly right -of -way line S. 00 0 2956" E., a distance of 344.00 feet; thence S.
89 0 30'04" W., a distance of 1120.00 feet to the Westerly right -of -way line of Perry
Avenue; thence along said Westerly right -of -way line the following five (5) courses:
1. N. 00 °2956" W., a distance of 208.00 feet;
2. along the arc of a curve to the left whose radius is 170.00 feet, a distance
of 66.92 feet;
3. N. 23 0 03'11" W., a distance of 89.42 feet;
4. along the arc of a curve to the right whose radius is 230.00 feet, a
distance of 90.54 feet;
5. N. 00 0 2956" W., a distance of 20.00 feet;
thence N. 89 0 30'04" E., a distance of 60.00 feet to a point on the Easterly right -of -way
line of Perry Avenue; thence along said Easterly right -of -way line the following three (3)
courses:
1. S. 00 0 2956" E., a distance of 20.00 feet;
2. along the arc of a curve to the left whose radius is 170.00 feet, a distance
of 66.92 feet;
3. S. 23 0 03'11" E., a distance of 37.68 feet;
thence N. 89 0 30'04" E., a distance of 466.40 feet to the Westerly right -of -way line of
Newport Avenue; thence along said Westerly right -of -way line along the arc of a curve
to the right, whose radius is 230.00 feet and whose center bears N. 58 0 03'08" E., a
distance of 126.24 feet, thence N. 89 0 30'04" E., a distance of 60.00 feet to the Easterly
1111111111111111111111111111111111111111111111111111111111 159 of 8 A
ChrisC.Munoa Pueb1oCtYC1k &Rec SUBD AG R 41.00 D 0.00
right -of -way line of Newport Avenue, thence along said Easterly right -of -way line the
following two (2) courses:
1. along the arc of a curve to the left whose radius is 170.00 feet and whose
center bears N. 89 0 30'04" E., a distance of 125.93 feet;
2. along the arc of a curve to the right whose radius is 230.00 feet, a
distance of 7.05 feet;
thence N. 89 0 30'04" E., a distance of 555.59 feet to the Point of Beginning.
Containing 9.245 acres.
Prepared by: NorthStar Engineering and Surveying, Inc.
111 E. 5"' Street
Pueblo, Colorado 81003
March 29, 2004
]N 02 043 03
C hris IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII P 594320158
ChrisC.Munoz PuebloCtyClk &Roc SUED AG R 41.00 D 0.00 _
EXHIBIT B.
SUBDIVISION NAME:
DEVELOPER:
ENGINEER:
WESTGATE ON THE BOULEVARD, FILING NO. 2
TODAY'S LAND DEVELOPMENT, LLC
NORTHSTAR ENGINEERING AND SURVEYING, INC.
A. STREETS
1. PAVEMENT
a.) Perry Avenue (3" Asphalt on 8" Base)
b.) Alley north of Candice Lane
(3" Asphalt on 6" Base)
5.) MONUMENT BOXES
6.) STREET LIGHTS
7.) STREET SIGNS
a.) +way Intersection, 60' R -O-W
8.) BARRICADES (L = 24')
1784 SY
0
$14.00 /SY =
$24,976
1,918 SY
@
$12.00 /SY =
$23,016
2 EA
@
$575.00 /EA =
$1,150
1 EA
@
$1,300.00 /EA =
$1,300
4 EA
@
$300.00 /EA =
$1,200
2 EA
@
$1,125.00 /EA =
$2,250
SUBTOTAL
$53,892
B. DRAINAGE
3.) DETENTION FACILITY
c.) Vegetation
Ifolf14
2 AC @ $12,000.00 /AC = $24,000
SUBTOTAL $24,000
This is an estimate only. Actual construction costs may vary
7:74•]-
FIRM:
$77,892
The undersigned hereby certifies that (i) the quantities of construction elements shown hereon
°^curately depicts ffie quantities necessary to construct the Required Public Improvements and
the unit prices shown hereon are the most current unit price provided by the City of Pueblo.
nai Engineer Date
11 -t1 -o
ity P blo
Reception 1594321
11/16/2004
ADDENDUM TO SUBDIVISION IM ROVEMENTS AGREEMENT
(PER LOT FEE)
This Addendum shall be incorporated in and become a part of the Z� l yr ,
2 0(Y Subdivision Improvements Agreement for the Westgate on the Boulevard, Filing N o.2
(name of�su division)
(herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement.
1. As a condition precedent to the issuance of each building permit to build or construct
any building or structure within the Subdivision, the sum of $ i 13.00 shall be deposited (the
"Deposit ") with the Director of Finance for the future completion of a traffic signal at the
intersection of 18th Street and Lambert Avenue ( "Improvemenf').
2. The Deposit shall be held in an interest - bearing account identified as the 18th/
Lambert Traffic Signal ( "Account "). The Deposit and interest thereon shaft be expended
solely for the completion of the Improvement within twelve (12) years of the date of the Deposit on a
first in, first out basis, that is, the first Deposit in the Account paid shall be considered the first Deposit
expended. Deposits not so expended shall be refunded upon application to the record owner of the
property for which the Deposit was made. Applications for refund shall be made in writing to the
Director of Finance within six (6) months after the expiration of the twelve -year period following date
of payment. Application shall be accompanied by a copy of the dated receipt issued for payment of the
Deposit or other documents satisfactory to the Director of Finance that the fee was paid and date of
payment, together with a copy of the deed to such property showing the applicant to be the current
record owner of the property.
3. 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 of Pueblo and Subdivider and their
respective heirs, personal representatives, successors, and assigns. This Addendum may be specifically
enforced against the Subdivider and subsequent owners of lots within the Subdivision.
Executed at Pueblo, Colorado as of 51,9 4--4, (t� , o
Tadayts Land Company,.,LLC, a Colorado
T.iini t-pd Liahi T i ty- Comnanv
Subdivider
By
Title: Manager
DPW 125
8/14/02
STATE OF COLORADO
1
Page: 2 of 2
1111111 11111 111111111111 II 111111111 111111 III 1111111111111
COUNTY OF PUEBLO
ss. ChrisC.Munoz Pueb10CtyC1k &Ree ADD AGR R 11.00 D 0.00
)
� L The foregoing instrument was acknowledged before me this day of ,se o,
�,�_ a
by Bruce W. Botterbusch as Manager
of Today's Land Company, LLC, a Colorado Limited Liability Company , a Subdivider.
My commission expires:
R AR
.0
CITY OF PUEBLO,
a Municipal corporation
the Citv Council
DPW 125
8/14/02
Reception 1594322
11/16/2004
ESCROW AGREEMENT
THIS AGREEMENT, made and entered into this day of —fk2&X 46*E ,
2004 , by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter
referred to as "City ", and Today's Land Company, LLC ,
a Colorado Limited Liability Company
hereinafter referred to as "Subdivider" and Land Title Guarantee Company
hereinafter referred to as "Escrow Agent ".
WITNESSETH:
WHEREAS, Subdivider is the owner of a certain tract of land located in the City and
legally described as set forth in Exhibit "A ", which is attached hereto and incorporated herein;
and
WHEREAS, Subdivider is required, pursuant to Section 12- 4 -7(J) of the 1971 Code of
Ordinances of the City, to construct certain public improvements as set forth in Exhibit "B ",
which is attached hereto and incorporated herein; and
WHEREAS, the Subdivider agrees that the estimate of the City Director of Public Works
to construct and install such improvements is reasonable; and
WHEREAS, Subdivider agrees to establish an Escrow Account to guarantee payment of
the costs of installation and construction of said public improvements according to City's
Subdivision Regulations and this Agreement.
NOW THEREFORE, in consideration of the City approving the plat for
Westgate on the Boulevard, Filing No. 2 Subdivision,
I. Subdivider agrees:
1. To establish an Escrow Account with Escrow Agent and to deposit with Escrow
Agent $ 664.00 being an amount equal to the estimate of the public
improvements required by the City Subdivision Regulations and the City Director of
Public Works as described in Exhibit "B ", which is attached hereto and incorporated
herein. It is agreed that any interest on the Escrow Account will accrue to the
Subdivider and may be paid to the Subdivider after deducting any unpaid escrow fees,
DPW 114
02/06/02
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ChrisC.Mun02 PUeb1oCtYG1k &Rec AGREE R 41.00 D 0.00
charges, or expenses monthly or at such other time as Escrow Agent and Subdivider
agree.
2. To install the required public improvements in said Subdivision as described in
Exhibit `B ".
3. That the funds deposited in the Escrow Account may be withdrawn at the discretion
of the City upon written request by the City's Director of Public Works delivered to
Escrow Agent and Subdivider.
4. When Subdivider completes all or a portion of the improvements described in Exhibit
"B ", Subdivider may apply to the City for a partial or full release of the Escrow
Account and, upon written notice of the City's Director of Public Works to the
Escrow Agent, Escrow Agent shall release said escrowed funds to the Subdivider as
directed by the Director of Public Works.
II. Escrow Agent agrees:
5. That $
664.00
has been deposited by Subdivider, and Escrow Agent has
established an Escrow Account to be held by the Escrow Agent and disbursed and
paid only as herein provided.
6. To release from said Escrow Account and pay out therefrom only such escrowed
funds as Escrow Agent shall be directed to release and pay by written direction from
the City's Director of Public Works.
7. In the event that Subdivider fails to install all or any part of the required public
improvements described in Exhibit `B ", on or before two (2) years from the date of
this Escrow Agreement, Escrow Agent shall, upon demand from the City's Director
of Public Works, pay the balance remaining in the Escrow Account to the City, and
the City may use the amount so paid to complete all or any part of the said
improvements.
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III. The City agrees' ChrisC.Munoz Pueb1OCtYC1k &Reo AGREE R 41.00 D 0.00
8. To accept this Escrow Agreement as Subdivider's guarantee of the completion of the
improvements described in Exhibit "B" and required by the City Subdivision
Regulations and Ordinances.
9. To have the City's Director of Public Works or his designee periodically inspect said
improvements while under construction and inspect completed improvements within
a reasonable time after receiving written notice that the improvement has been
completed. The City's Director of Public Works shall notify the Subdivider within 10
days after inspection of the required public improvements if the same are
satisfactorily completed and approved by the City and if so satisfactorily completed
and approved, the Director of Public Works shall authorize a partial release and
payment of said escrowed funds to be made to Subdivider in an amount determined
by the Director of Public Works based on the percentage of improvements completed
and approved.
IV. Instructions to Escrow Agent:
10. The Escrow Agent shall not be personally liable for any act it may do or omit to do
hereunder as such agent, while acting in good faith and in the exercise of its own best
judgement.
11. The Escrow Agent is hereby expressly authorized to comply with and obey any and
all orders, judgements, or decrees of any court of competent jurisdiction relating to
this transaction, and in case the said Escrow Agent obeys or complies with any such
order, judgement, or decree of any such court, it shall not be liable to any of the
parties hereto or to any other person, firm, or corporation by reason of such
compliance, notwithstanding any such order, judgement, or decree by subsequently
reversed, modified, annulled, set aside, or vacated, or found to have been entered
without jurisdiction.
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12. If at any time a dispute shall exist as to the duty of the Escrow Agent under the terms
thereof, the Escrow Agent may deposit the documents and money in its hands, with
the Clerk of the District Court of the County of Pueblo, and State of Colorado, and
may interplead the parties hereto. Upon so depositing such documents and money
and filing its complaint in interpleader, the Escrow Agent shall be released from all
liability, under the terms hereof, as to the documents and money so deposited. The
parties hereto, for themselves, their heirs, successors, and assigns, do hereby submit
themselves to the jurisdiction of said Court.
13. In consideration of the acceptance of this Agreement by the Escrow Agent,
Subdivider and City agree, jointly and severally, for themselves, their heirs,
executors, administrators, successors, and assigns, to indemnify and hold Escrow
Agent harmless as to any liability by it incurred to any other person or corporation by
reason of its having accepted the same, or in connection herewith. Subdivider agrees
to reimburse Escrow Agent for all its fees, expenses, including, among other things,
counsel fees and court costs incurred in connection herewith. City and Subdivider
agree that the Escrow Agent shall have a first and prior lien upon all deposits made
hereunder to secure the performance of said agreement of indemnity and the payment
of its fees, charges, and expenses. Escrow fees or charges as distinguished from other
hereunder, shall be as written above the Escrow Agent's signature at the
m� " fine dckeptance hereof.
CITY OF PUEBLO
By
•• ..,
�.r Presi t of City Council
ATTES °:: r
City
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SUBDIVIDER Today's Land Company, LLC
a Colorado Limited Liability Company
Ykfice W. Botterbusch, Manager
Subscribed and sworn to before me this _ ,a_ day of 2004
My commission expires: 101 n lob
0 7Q :N•OTA.4t?
ci►9 'AFB LAG O0
r �DF Cov
, __m.lM S.
Notary Public
ESCROW AGENT Land Title Guarantee Company
My Commission Expires 10117/2007
B�
'1 Chris Kaufman, Branch
Subscribed and sworn to before me this day of 5e(?kMn FA , 2004
My commission expires: \d \)a
; F G. ........ v
�9J� /8 0 q�'O
'�h, 6 ) CO G
My Commisscion Expires 10117/2007
� W7 S -
Notary Public
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EXHIBIT A
LAND DESCRIPTION
A portion of Blocks 9, 10, 19 and 20 and portions of the vacated alleys and vacated
Candice Lane adjacent thereto in Chamberlin's Subdivision, according to the recorded
plat thereof, filed for record August 8, 1887. Including that portion dedicated as Perry
Avenue and Newport Avenue in the Right -of -Way and Drainage Easement Dedication
recorded at Reception No. 1363725 in the Pueblo County records and all being more
particularly described as follows:
Considering the East line of the NW 1 /4 of Section 27, Township 20 South, Range 65
West of the 6"' P.M. to bear N. 01 0 1430" W. and all bearings contained herein being
relative thereto.
Beginning at a point from which the North 1 /4 corner of Section 27, Township 20 South,
Range 65 West bears N. 04 0 3639" E., a distance of 167.03 feet, said point also being
on the Westerly right -of -way line of future Spaulding Avenue; thence along the said
Westerly right -of -way line S. 00 0 2956" E., a distance of 344.00 feet; thence S.
89 0 30'04" W., a distance of 1120.00 feet to the Westerly right -of -way line of Perry
Avenue; thence along said Westerly right -of -way line the following five (5) courses:
1. N. 00 0 2956" W., a distance of 208.00 feet;
2. along the arc of a curve to the left whose radius is 170.00 feet, a distance
of 66.92 feet;
3. N. 23 0 03'11" W., a distance of 89.42 feet;
4. along the arc of a curve to the right whose radius is 230.00 feet, a
distance of 90.54 feet;
5. N. 00 0 2956" W., a distance of 20.00 feet;
thence N. 89 0 30'04" E., a distance of 60.00 feet to a point on the Easterly right -of -way
line of Perry Avenue; thence along said Easterly right -of -way line the following three (3)
courses:
1. S. 00 1 2956" E., a distance of 20.00 feet;
2. along the arc of a curve to the left whose radius is 170.00 feet, a distance
of 66.92 feet;
3. S. 23 0 03'11" E., a distance of 37.68 feet;
thence N. 89 0 30'04" E., a distance of 466.40 feet to the Westerly right -of -way line of
Newport Avenue; thence along said Westerly right -of -way line along the arc of a curve.
to the right, whose radius is 230.00 feet and whose center bears N. 58 0 03'08" E., a
distance of 126.24 feet, thence N. 89 0 30'04" E., a distance of 60.00 feet to the Easterly
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right -of -way line of Newport Avenue, thence along said Easterly right -of -way line the
following two (2) courses:
1. along the arc of a curve to the left whose radius is 170.00 feet and whose
center bears N. 89 0 30'04" E., a distance of 125.93 feet;
2. along the arc of a curve to the right whose radius is 230.00 feet, a
distance of 7.05 feet;
thence N. 89 0 30'04" E., a distance of 555.59 feet to the Point of Beginning.
Containing 9.245 acres.
Prepared by: NorthStar Engineering and Surveying, Inc.
111 E. 5 Street
Pueblo, Colorado 81003
March 29, 2004
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ESCROW AGREEMENT
EXHIBIT "B"
SUBDMSION NAME:
DEVELOPER:
ENGINEER:
PAVEMENT
3" ASPHALT ON 6" BASE
r_ONCQ_
3' CONCRETE PAN (7" DEPTH)
ALLEY DRIVEWAY (7" DEPTH)
BOULEVARD PARK, PHASE 2
TODAY'S LAND COMPANY, LLC
NORTHSTAR ENGINEERING AND SURVEYING, INC.
15 SY @ $12.00 /SY = $180
44 SF @ $4.00 /LF = $176
77 SF @ $4.00 /LF = $308
TOTAL $664
This is an estimate only. Actual construction costs may vary.
PREPARED BY:
FIRM: NORTHST E� INEERIJG AN RVEYING, INC.
REVIEWED BY:
BLO
The undersigned hereby certifies that (i) tie quantities of construction elements shown hereon
accurately depicts the quantities necessary to construct the Required Public Improvements and
(ii) the unit prices shown hereon are the most current unit price provided by the City of Pueblo.
a� _ 9-..l a
Profesgonal Engineer Date