HomeMy WebLinkAbout07164Reception 1608129
02/23/2005
ORDINANCE NO. 7164
AN ORDINANCE APPROVING THE PLAT OF
WESTGATE ON THE BOULEVARD SUBDIVISION,
FILING NO. 3
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Westgate on the Boulevard Subdivision Filing No. 3, being a
subdivision of land legally described as:
A portion of Blocks 26, 27, 28, 36, 37, and 38 and vacated alleys adjacent thereto in
Chamberlin's Subdivision, according to the recorded plat thereof, filed for record August
8, 1887 in the Pueblo County records and all being more particularly described as
follows:
Considering the North line of the Northwest' /. of Section 27, Township 20 South, Range
65 West of the 6 P.M. to bear N. 88 0 20'24" E. and all bearings contained herein being
relative thereto.
Beginning at a point from which the N 1 14 corner of Section 27, Township 20 South,
Range 65 West bears N. 64 °06'06" E., a distance of 1189.92 feet, said point also being
on the Easterly right -of -way line of Perry Avenue in said Chamberlin "s Subdivision;
thence S. 00 ° 29'56" E., along said Easterly right -of -way line a distance of 672.00 feet;
thence S. 89 0 30'04" W., a distance of 1505.92 feet to a point on the West line of said
Chamberlin's Subdivision; thence N. 01 °05'16" W., along said West line a distance of
128.01 feet to a point on the South right -of -way line of 18 Street in said Chamberlin's
Subdivision; thence S. 89 °30'04" W., along said South right -of -way line a distance of
92.80 feet to a point on the Easterly right -of -way line of Colorado State Highway No. 45
(Pueblo Boulevard); thence N. 00 °55'35" W., along the said Easterly right -of -way line a
distance of 80.00 feet to a point on the North right -of -way line of said 18 Street; thence
N. 89 0 30'04" E., along said North right -of -way line a distance of 92.57 feet to a point on
the West line of said Chamberlin's Subdivision; thence N. 01 0 05'16" W., along said
West line a distance of 128.01 feet; thence N. 89 °30'04" E., a distance of 1449.37 feet
to a point on the Westerly right -of -way line of Perry Avenue; thence N. 00 0 29'56" W.,
along said Westerly right -of -way line a distance of 336.00 feet; thence N. 89 0 30'04" E.,
a distance of 60.00 feet to the Point of Beginning.
Containing 12.262 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 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 o ic�ployees 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.
. lvyeCO. ;D
<0
9
n
INTRODUCED: June 14, 2004
BY: Michael Occhiato
OUNCILPERSON
APPROVED:
PRES ENT OF CITY COUNCIL
�+R.z
ATTESTED BY:
CLERK
PASSED AND APPROVED: June 28, 2004
� J
Background Paper for Proposed
ORDINANCE
O if r)lcey
- ;;L9
AGENDA ITEM #
DATE: JUNE 14, 2004
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. 3
ISSUE
Shall City Council approve a request to re- subdivide this property for the purpose
of residential development?
RECOMMENDATION
The Planning Commission voted 6 -0 -1 (Lytle abstaining) to recommend approval.
BACKGROUND
Westgate on the Boulevard Subdivision, Filing No. 3 is generally located off of
Pueblo Boulevard on the westside of Pueblo, on the north and south side of
the 3100 -3300 blocks of West 18"' Street with this residential development
ending at Perry Avenue. This is a re- subdivision of the former Chamberlin's
Subdivision. The applicant wishes to subdivide the 12.26 acres in order to
construct 52 single - family homes. This application is being submitted concurrently
with Alley Vacation V- 04 -03, which were both approved by the Planning
Commission. The applicant has complied with all of the items listed in the
Subdivision Review Committee (SRC) memo dated April 28, 2004 as confirmed in
the memo from Joe Martellaro dated June 1, 2004.
FINANCIAL IMPACT
None
Reception 1608131
02/23/2005
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on - 1- ,) e CeK hW q , cQQQq , 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.3 �
( "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 MI 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:
1. Subdivider agrees within one hundred and eighty (180) days after applying for a
building permit to construct any building or structure on any building site within the
Subdivision, or upon the issuance of a certificate of occupancy for any such building
or structure, whichever occurs first, to construct and install at its sole cost all of the
Required Public Improvements.
2. In lieu of installing the Required Public Improvements within the time period
prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any
portion thereof shall deposit cash or other collateral with the City Director of Finance,
or with any bank or trust company licensed in the State of Colorado, subject to an
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escrow agreement approved by the City Attorney. The holder of such cash or
collateral shall pay all or any portion thereof to the City upon demand after the time
to complete all Required Public Improvements by Subdivider or subsequent owner
expires. Such deposit or escrow agreement shall be referred to as the "deposit ".
3. The amount of the deposit shall be computed by the City's Director of Public Works
by estimating the total cost of all uncompleted Required Public Improvements within
the block at the time application for building permit is made. The amount of the
deposit required by this alternative shall not be less than 25% of such estimate plus
the cost of extending all required sewer and water lines from nearest existing sewer
and water lines to the proposed building site for which a building permit is sought,
plus the costs of extending curb, gutter, sidewalk and paving from the edge of the
Subdivision or existing improvements of a like nature, whichever is closer to the
proposed building site. In any case where the block, as later defined, exceeds one
thousand (1000') feet in length between intersecting streets, the estimate of the City
Director of Public Works under this paragraph may be reduced to the total costs of all
uncompleted Required Public Improvements in at least one half (1/2) of such block,
and the required deposit shall be based upon such decreased estimate. The
Subdivider, however, shall provide a turnaround of at least sixty (60') feet in
diameter at the mid -block point and barricade such street so that no through traffic
shall be permitted beyond the point to which the estimate of Director of Public Works
is based.
4. Within one hundred eighty (180) days after subsequent application for a building
permit to construct any building or structure upon any building site within the block,
or upon the issuance of a certificate of occupancy for any such building or structure,
whichever occurs first, Subdivider shall also deposit an amount not less than the
estimate of the Director of Public Works for all Required Public Improvements from
existing improvements to the proposed building site, less any previous deposits made
under this agreement upon building sites lying between the most recent proposed site
and existing improvements.
5. In the event the Subdivider or any subsequent owner of the land fails to complete the
Required Public Improvements or to make such deposit within the required time, no
additional building permits shall be issued to the Subdivider or the subsequent owner
or to any other person to build or construct any building or structure in the
Subdivision until such default is remedied. In addition, the City may treat the amount
of such deposit as a debt due the City from the Subdivider or subsequent owner,
which debt shall be a lien upon all the land in the Subdivision and notice of lien may
be filed for record in the office of the County Clerk and Recorder at any time after
such default. Action upon such debt may be instituted by the City within six (6)
years from the date of filing such lien for record. All remedies provided for in this
agreement are cumulative and the use of one shall not prohibit the use of another.
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.
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7. As a condition of approval of this Subdivision, and to meet the requirements of
Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees
that no certificate of occupancy shall be issued by the Pueblo Regional Building
Department until the Required Public Improvements, or those improvements
necessary as determined by the City Director of Public Works, to totally serve
specific lot(s) or block(s) for which certificates of occupancy are sought, have been
properly designed, engineered, constructed and accepted as meeting the specifications
and standards of the City.
The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and
the restriction on the issuance of building permits contained in Paragraph 5 shall run
with the land and shall extend to and be binding upon the heirs, legal representatives,
successors, and assigns of the Subdivider and may be specifically enforced by the
City.
8. Acceptance of this Subdivision by the City does not constitute an acceptance of the
roads, parks and other public improvements for maintenance by the City. Until such
roads, parks, and other public improvements have been installed and meet the
requirements, standards, and specifications of the City, its Subdivision ordinances
and any applicable Parks Department specifications, and such are specifically
approved and accepted in writing by the City Director of Public Works, and, if
appropriate, the City Director of Parks and Recreation, the maintenance, construction,
and all other matters pertaining to or affecting said roads, parks and other public
improvements and rights -of -way are the sole responsibility of the Subdivider or any
subsequent owner(s) of the land within the Subdivision.
9. The required time to complete all Required Public Improvements by Subdivider
within such block shall be one (1) year from the date of application for the first
building permit issued within such block. Upon completion and written approval and
acceptance of the Required Public Improvements within the required time and the
payment of all inspection costs by Subdivider, the Director of Public Works shall
cause all obligations of the Subdivider relating to the Required Public Improvements
within such block to be released. If such Required Public Improvements are not
completed within the required time, the City Director of Public Works may cause the
proceeds of all deposits or other collateral or monies in escrow to be used to compete
the same. If insufficient monies are available at the end of the required time to
complete all Required Public Improvements for the entire length of such block, the
Director of Public Works shall cause all collateral or monies in escrow to be reduced
to cash and shall deposit the same with the Director of Finance. Such cash shall be
used to complete that portion of the Required Public Improvements as the Director of
Public Works, in the Director's sole discretion, shall determine. Until all the
Required Public Improvements are completed and approved by the Director of Public
Works, Subdivider and the subdivided land shall remain liable and responsible for all
Required Public Improvements.
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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
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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.
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Subdivider
Today's Land Company, LLC,!a':Colorado Limited
(SEAL) By: Liability Company
By:
B3fuce W. Botterbusch, Manager
The foregoing instrument was acknowledged before me on
ZXXA �
— , by Bruce W. Botterbusch, Manaeer-•of Today's h§hd Compahy Subdivider.
Colorado Limited Liability Company
STATE OF COLORADO
COUNTY OF PUEBLO
) N
ss.
VMS
The foregoing instrument was acknowledg before me this - k - 1 day of
_ by I I ` Jr . as
President of Ciey Council, and C rvi as City Clerk of e City of
Pueblo, Colorado.
hand and official seal.
My con is on expires: �- 21 f - 7
,;�oQ Notary Public
AS TO FORM:
City Attorney
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EXHIBIT A
LAND DESCRIPTION
A parcel of land located In a portion of Blocks 26, 27, 28, 36, 37, and 38 and vacated
alleys adjacent thereto in Chamberlin's Subdivision, according to the recorded plat
thereof filed for record August 8, 1887 in the Pueblo County records and all being more
particularly described as follows:
Considering the North line of the Northwest 1 /4 of Section 27, Township 20 South,
Range 65 West of the 6"' P.M. to bear N. 88 0 20'24" E. and all bearings contained herein
being relative thereto.
Beginning at a point from which the N 1 /4 comer of Section 27, Township 20 South,
Range 65 West bears N. 64 0 06'06" E., a distance of 1189.92 et, said point also being on
the Easterly right -of -way line of Perry Avenue In said Chamberlin "s Subdivision; thence
S. 00 0 29'56" E., along said Easterly right -of -way line a distance of 672.00 feet; thence
S. 89 0 30 1 .04" W., a distance of 1505.92 feet to a point on the West line of said
Chamberlin "s Subdivision; thence N. 01 W., along said West line a distance of
128.01 feet to a point on the South right -of -way line of 18"' Street in said Chamberlin's
Subdivision; thence S. 89 0 30'04" W., along said South right -of -way line a distance of
92.80 feet to a point on the Easterly right -of -way line of Colorado State Highway No. 45
(Pueblo Boulevard); thence N. 00 0 55'35" W., along the said Easterly right -of -way line a
distance of 80.00 feet to a point on the North right -of -way line of said 18 Street,
thence N. 89 0 30'04" E., along said North right -of -way line a distance of 92.57 feet to a
point on the West line of said Chamberlin "s Subdivision; thence N. 01 0 05'16" W., along
said West line a distance of 128.01 feet, thence N. 89 0 30'04" E., a distance of 1449.37
feet to a point on the Westerly right -of -way line of Perry Avenue; thence N. 00 0 2956"
W., along said Westerly right -of -way line a distance of 336.00 feet; thence N.89 ° 30'04"
E., a distance of 60.00 feet to the Point of Beginning.
Containing 12.262 Acres.
Prepared by: NorthStar Engineering and Surveying, Inc.
111 E. 5"' Street
Pueblo, Colorado 81003
March 4, 2004
A 0� 043 03
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EXHIBIT "B"
SUBDIVISION NAME:
WESTGATE ON THE BOULEVARD, FILING
NO. 3
DEVELOPER:
TODAYS LAND DEVELOPMENT, LLC
ENGINEER:
NORTHSTAR
ENGINEERING AND SURVEYING, INC.
A.
STREETS
1.
PAVEMENT
a.) Perry Avenue (3" Asphalt on 8" Base)
2028 SY
@
$14.00 /SY =
$28,392
b.) 18th Street (4" Asphalt on 15" Base)
8000 SY
@
$23.00 /SY =
$184,000
c.) Westgate Place (3" Asphalt on 8" Base)
935 SY
@
$14.00 /SY =
$13,090
d.) Donley Avenue (3" Asphalt on 8" Base)
935 SY
@
$14.00 /SY =
$13,090
2.)
CONCRETE
a.) Curb and Gutter
Perry Avenue
1053 LF
@
$10.00 /LF =
$10,530
18th Street
2028 LF
@
$10.00 /LF =
$20,280
Westgate Place
491 LF
@
$10.00 /LF =
$4,910
Donley Avenue
491 LF
@
$10.00 /LF =
$4,910
Q Square Pan Radius
18th Street
661 SF
@
$4.00 /SF =
$2,644
3.)
SANITARY SEWER
a.) 8" Main (0' -12' depth)
Perry Avenue
720 LF
@
$30.00 /LF =
$21,600
18th Street
1450 LF
@
$30.00 /LF =
$43,500
b.) 48" Diameter Manhole
Perry Avenue
3 EA
@
$2,200.00 /EA =
$6,600
18th Street
4 EA
@
$2,200.00 /EA =
$8,800
c.) Service Une
18th Street - 80' ROW
57 EA
@
$1,200.00 /EA =
$68,400
4.)
WATER
a.) Main (including valves)
Perry Avenue
755 LF
@
$45.00 /LF =
$33,975
18th Street
1592 LF
@
$45.00 /LF =
$71,640
Westgate Place
341 LF
@
$45.00 /LF =
$15,345
b.) Fire Hydrant Assembly
Perry Avenue
1 EA
@
$3,000.00 /EA =
$3,000
18th Street
4 EA
@
$3,000.00 /EA =
$12,000
c.) Service Une
18th Street - 80' ROW
57 EA
@
$700.00 /EA =
$39,900
5.)
MONUMENT BOXES
4 EA
@
$575.00 /EA =
$2,300
6.)
STREET LIGHTS
9 EA
@
$1,300.00 /EA =
$11,700
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7.) STREET NAME SIGNS & STOP SIGNS
a.) +way Intersection, 60' R -O-W
Perry Avenue
b.) +way Intersection, 80' R -O-W
18th Street
d.) Barricades
Perry Avenue
18th Street
8.) STREET STRIPING
B. DRAINAGE
1.) STORM SEWER
a.) 15" Pipe
18" Pipe
21" Pipe
30" Pipe
b.) Manhole - 60"
c.) Type "S" Inlet - L = 6'
Radial Catch Basin - L = 10'
3.) DETENTION FACILITY
24" Storm Sewer
Outlet Structure
Concrete Pans (4" Depth)
Rip Rap
Grading
Revegetation
Gravel Access Road (4" Depth, 12' Wide)
1 EA @ $300.00 /EA =
3 EA @ $400.00 /EA =
2 EA @ $825.00 /EA =
1 EA @ $1,125.00 /EA =
1 LS @ $10,000.00 /LS =
SUBTOTAL
100 LF @ $35.00 /LF =
445 LF @ $38.00 /LF =
47 LF @ $39.00 /LF =
332 LF @ $60.00 /LF =
2 EA @ $2,250.00 /EA =
3 EA @ $2,900.00 /LF =
1 EA @ $3,700.00 /LF =
68 LF @ $40.00 /LF =
1 EA @ $3,000.00 /EA =
1,800 SF
@
$2.50 /SF =
17 CY
@
$50.00 /CY =
3,700 CY
@
$2.00 /CY =
1.5 AC
@
$12,000.00 /AC =
420 SY
@
$4.00 /SY =
TOTAL
This is an estimate only. Actual construction costs may vary
PREPARED BY:
FIRM:
Kim K. Kock, P.E. 19799
$300
$1,200
$1,650
$1,125
$10,000
$634,881
$3,500
$16,910
$1,833
$19,890
$4,500
$8,700
$3,700
$2,720
$3,000
$4,500
$850
$7,400
$18,000
$1,680
$97,183
$732,064
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, Tide 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 the quantities necessary to construct the Required Public
Improvements and (iii) the unit prices shown hereon are the most current unit prices provided by the City of Pueblo.
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REVIEWED BY: = ; Q
ITA
eblo
Reception 1608132
02/23/2005
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(PER LOT FEE)
This Addendum shall be incorporated in and become apart of the 1 pno tyrq ,
t
20 G�, SubdivisionImprovementsAgreementforthe Westgate on the Boule ard, Filing No.3
(name of subdivision)
(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 $ 113.00 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 ( "Improvement").
2. The Deposit shall be held in an interest - bearing account identified as the 18th/
Lambert Traffic Signal ("Account "). The Deposit and interest thereon shall 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
Today's Land Company, LLC, a Colorado
Limited Liability Company
Subdivider
By
Title: Manager
DPW 125
8/14/02
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 6081 32
Chris C. Munoz Pueb1oCtyC1k &RecRDD RGR R 11.00 0 0.00
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this day of tj��
�M ay 's by Bruce W. Botterbusch as Manager
Land Company, LLC, a Colorado Limited Liability Company ,a!Subdivider.
My commission expires:
Ci 1 . 6to
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DPW 125
8/14/02
CITY OF PUEBLO,
a Mnnirinal rnnnnratinn
Reception 1608133
02/23/2005
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this day of ('em btc , by
Today's Land Company LLC Grantor, to PUEBLO, a Municipal Corporation, Grantee:
a Colorado Limited Liability Company
WITNESSETH:
THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable
consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to
Grantee, its successors and assigns, an easement and right of way for the purpose of sidewalk and.-,;
utilit xoyements * through, over, under and across Grantor's property situated in Pueblo County
Colorado, commonly ]mown as Chamberlin's Subdivision and described as follows: (the
61 11roperty ' )
See attached Exhibit "A and B"
TOGETBER WITH the right to enter upon the Property for the purposes of construction,
replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of
Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose
not inconsistent with the right and privilege above granted and which will not interfere with or endanger
any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in
no event include the right to locate or erect or cause to be located or erected on the Property any building
or any other structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the
Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and
peaceful possession of the Property and easement and right -of -way against all persons who may lawfully
claim title to the property.
"Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be
binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns
of the Grantor and Grantee.
SIGNED this day of (Y1�Pa ate
GRANTOR Today's Land Company, LLC
o L ited Liability Company
By:
COUNTY OF PUEBLO
ruce . Botterbusch, Manager
)
) ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this 6 1 day of
1 X[ , by Bruce W. Botterbusch, Manager of Today's Land
Company, a Colorado Limited Liability Company.
Witness cial seal.
My p
s
(SEAL) �;.� Q�
A�/91.�Gd�B Notary Pubiic `
DPW 111 � p�'
02/06/02
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Page: 80 3332P
Chris C. Munoz Pueb1oCtyC1k &RecEASE R 16.00 D 0.00
EXHIBIT A
PEDESTRIAN AND PUBLIC UTILITY EASEMENT
An easement for Pedestrian use through a portion of the following Lots and
Blocks in Chamberlin's Subdivision, according to the recorded plat thereof as flied
for record August 8, 1887 being more particularly described as follows;
Considering the West line of Lot 21, Block 29 in Chamberlin's Subdivision to bear
N. 00 °2956" W., and all bearings contained herein being relative thereto.
EASEMENT NO. 1
Beginning at the Southwest comer of Lot 21, Block 29 in said Chamberlin's
Subdivision; thence N. 00 0 2956" W., along the West line of Lot 21, a distance of
6.00 feet; thence S. 45 0 2956" E., a distance of 8.49 feet to a point on the South
line of said Lot 21; thence S. 89 0 30'04" W. along said South line, a distance of
6.00 feet to the Point of Beginning.
EASEMENT NO. 2
Beginning at the Northwest comer of Lot 1, Block 39 in said Chamberlin's
Subdivision; thence N. 89 0 30 1 04" E., along the North line of Lot 1, a distance of
6.00 feet; thence S. 44 0 30 1 04" W., a distance of 8.49 feet to a point on the West
line of said Lot 1; thence N. 00 0 2956" W. along said West line, a distance of
6.00 feet to the Point of Beginning.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5"' Street
Pueblo, Colorado 81003
September 28, 2004
IN 02 043 03
IIIIII VIII IIIIII IIII IIIIII IIII Illilll III VIII IIII IIII 160 of 3 P
Chris C. Munoz PuebloCtyClk &RecERSE R 16.00 D 0.00
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