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HomeMy WebLinkAbout07177Reception 1592563 11/03/2004 Substituted Copy dated 7/26/04 ORDINANCE NO. 7177 AN ORDINANCE APPROVING THE PLAT OF THE VILLAGE GREEN AT WALKING STICK SUBDIVISION A SPECIAL AREA PLAN BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of The Village Green at Walking Stick Subdivision, A Special Area Plan, being a subdivision of land legally described as: A portion of land located within the North one -half of Section 17, Township 20 South, Range 64 West, of the a Principal Meridian, Pueblo County, State of Colorado, being more particularly described as follows: Beginning at a point within Section 17 from which the Northeast corner of said Section 17 bears N 87° 52'52" E, a distance of 1847.23 feet; thence, S 02 00'28" E, a distance of 649.51 feet; thence, N 87 59' 32" E, a distance of 105.03 feet; thence S 59 41'23" E, a distance of 66.00 feet; thence, S 27 04' 24" E, a distance of 84.85 feet; thence, S 01 ° 55' 53" E, a distance of 185.19 feet; thence, S 15 00' 00" E, a distance of 100.00 feet; thence, S 75 00' 00" W, a distance of 374.56 feet, to the beginning of a tangent curve to the right, said curve having a radius of 1050.00 feet and a central angle of 13 04' 47 "; thence along said curve, Westerly and Southerly, an arc distance 239.70 feet; thence, S 88 04' 47" W, a distance of 119.75 feet, to the beginning of a tangent curve to the left, said curve having a radius of 900.00 feet and a central angle of 45 35' 14 "; thence along said curve, Westerly and Southerly an arc distance of 716.08 feet, to a point on the Easterly right of way line of Walking Stick Boulevard, said point also being at the Northeast corner of Enclave at Walking Stick, as recorded at Reception No. 1353559, County of Pueblo records; thence N 47 30' 27" W, a distance of 100.00 feet, to a point at the Northeast comer of Lot 1, Block 1, said Enclave at Walking Stick, said point being the beginning of a non - tangent curve to the right, said curve having a radius of 1000.00 feet, a central angle of 38° 49'31", and from which a radial line bears S 47° 30'27" E; thence along said curve and along the Southeasterly line of that parcel of land described in Book 2430 at Page 651, Northerly and Easterly an arc distance of 677.63; thence continuing along the Southeasterly lines of said parcel described in Book 2430, at Page 651, the following five courses. N 01 ° 49' 31" W, a distance of 399.24 feet; thence, N 61 46' 30" W, a distance of 120.16 feet; thence, N 07° 45'54" W, a distance of 612.93 feet, to a point being 30.00 feet Southerly of the Northerly line of said Section 17; thence 30.00 feet distant and parallel to said Northerly line, N 88° 45'07" E, a distance of 775.56 feet; thence, N 72° 21'35" E, a distance of 9.90 feet, to the point of beginning of this description. Said Parcel contains 21.50 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 Al of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. 1. This ordinance is approved upon the following conditions: a). Ingress and egress to and from the land and adjacent Walking Stick Golf Course is prohibited. b). Subdivider and subsequent owners of the land adjacent to Walking Stick Golf Course shall install and maintain on such adjacent land a fence, wall or other buffer material between the land and Walking Stick Golf Course acceptable to the City of Pueblo Parks Department. c). Subdivider and subsequent owners of the land waive and release the City, its officers, employees, agents, contractors, invitees and users of the Walking Stick Golf Course ( "Released Parties "), from and against any and all claims, actions, proceedings and causes of action at law or in equity, with respect to, or for damages or injury to persons (including death) or property caused by or resulting in any manner from the construction, installation, maintenance, use and operation of the Walking Stick Golf Course or any facilities or improvements thereon, including but not limited to, errant golf balls, or the negligence of any of the Released Parties with respect thereto. d). The foregoing conditions, restrictions, requirements, release and waiver shall be shown on the plat and incorporated in covenants running with the land to be filed contemporaneously with the plat. 2. The subdivision plat shall incorporate and include the following modification: Non - radial lot lines will be allowed. SECTION 4. 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 .5. 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 � 111111 lilt 1111111 Hill IIII IN IIIIII 1111 11111111 159z56 ChrisC.Muno¢ Pueb1oCtyC1k&Rec ORD R 26.00 D 0.00 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 6. 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, (b) the conditions set forth in Section 3 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 (1) year after final passage of this Ordinance, or within any extended period granted by IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII P 59256341A ChrisC.Munoz Pueb1oCtyC1k &Reo ORD R 26.00 D 0.00 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. ` t;cB�G Y , +�,,.. tic _�,: �'• M1r�t � ATTES .8-y" -_ INTRODUCED: July 12, 2004 BY: Michael Occhiato CO NCILPERSON APPROVED: 4� PRESID T OF CITY COUNCIL CI�Y CLERK PASSED AND APPROVED: July 26, 2004 DATE: JULY 12, 2004 AGENDA ITEM #20 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP TITLE AN ORDINANCE APPROVING THE PLAT OF THE VILLAGE GREEN AT WALKING STICK SUBDIVISION, A SPECIAL AREA PLAN ISSUE Shall City Council approve a request to subdivide this property for the purpose of residential development? RECOMMENDATION The Planning and Zoning Commission at their June 9, 2004 Regular Meeting voted 6 -0 to recommend approval of the applicant's requested one modification to the subdivision regulation and to recommend approval with the following conditions: a). Ingress and egress to and from the land and adjacent Walking Stick Golf Course is prohibited. b). Subdivider and subsequent owners of the land adjacent to Walking Stick Golf Course shall install and maintain on such adjacent land a fence, wall or other buffer material between the land and Walking Stick Golf Course acceptable to the City of Pueblo Parks Department. c). Subdivider and subsequent owners of the land waive and release the City, its officers, employees, agents, contractors, invitees and users of the Walking Stick Golf Course ( "Released Parties "), from and against any and all claims, actions, proceedings and causes of action at law or in equity, with respect to, or for damages or injury to persons (including death) or property caused by or resulting in any manner from the construction, installation, maintenance, use and operation of the Walking Stick Golf Course or any facilities or improvements thereon, including but not limited to, errant golf balls, or the negligence of any of the Released Parties with respect thereto. d). The foregoing conditions, restrictions, requirements, release and waiver shall be shown on the plat and incorporated in covenants running with the land to be filed contemporaneously with the plat. 2. The subdivision plat shall incorporate and include the following modification: Non - radial lot lines will be allowed. BACKGROUND The Village Green at Walking Stick Subdivision, A Special Area Plan is a residential project located in the Walking Stick development in the NE Quadrant of the City of Pueblo. The project abuts the Walking Stick Golf Course along its northern and western sides. The applicant wishes to subdivide the 21.50 acres in order to construct 55 single - family homes. The applicant has complied with all of the items listed in the Subdivision Review Committee (SRC) memo dated May 26, 2004 as confirmed in the memo from Joe Martellaro dated July 1, 2004. The Planning and Zoning Commission also voted 6 -0 to recommend approval of The concurrent special area plan (SAP- 04 -03) and rezoning (Z- 04 -11) applications. FINANCIAL IMPACT None Reception 1592565 11/03/2004 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on October 26 , 2004 , between the CITY OF PUEBLO, a Municipal Corporation ( "City "), an Board of Governors of the Colorado State University System ( "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 The Village Green at Walk Stick, A Special Area pla ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the Pueblo Municipal Code; and WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ( "Required Public Improvements "); and WHEREAS, the Required Public Improvements are generally described in the attached Exhibit "B" and shown on approved construction plans and documents on file in the office of the City's Director of Public Works ( "Plans and Documents "). WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is obligated to provide security or collateral sufficient in the judgement of the Director of Public Works to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the foregoing and the following mutual covenants and agreements, the City and Subdivider agree as follows: Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an DPW 101 4/9/04 Page: 2 of 15 IIIIII VIII IIIIII VIII IIII IIIIIII VIII III VIII IIII IIII 159256541A ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 76.00 D 0.00 escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such 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. DPW 101 2 04/09/04 Page: 3 of 15 IIIIII VIII IIIIII VIII IIII IIIIIII VIII III VIII IIII IIII 159256541H ChrisC.Munoz Pueb1oCtyC1k &Reo SUBD AG R 76.00 D 0.00 7. As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought, have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and the restriction on the issuance of building permits contained in Paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors, and assigns of the Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks, and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights -of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the 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. DPW 101 3 04/09/04 Page: 4 of 15 II IIIIII VIII IIII IIIIIII VIII III VIII IIII IIII 159256541A Chri I III CI ARec SUED AG R 76.00 D 0.00 ChrisC.Munoz PuebloCty _ 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots and shall include the full width of all streets upon which such lots abut. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage facilities, stormwater detention facilities, or maintenance and restoration of adjacent drainage channels, and/or associated improvements and revegetation (the "facilities "), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefore approved by, and on file with the City, and thereafter, the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right (but not the obligation) to inspect, control, repair, replace and maintain the facilities and to recover all costs and expenses therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain, or replace the facilities shall not subject the City to any liability for such failure. 12. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear, the holder of such indebtedness or encumbrance shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions. 13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation arising out of this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. Venue for any such litigation shall be Pueblo County, Colorado. 14. City and Subdivider have attempted by the attached Exhibit `B" and Plans and Documents to describe all Required Public Improvements to be constructed and installed by Subdivider with respect to the Subdivision. However, if the attached Exhibit `B" and Plans and Documents fail to described or to include, for any reason, any Required Public Improvement described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City DPW 101 4 04/09/04 Page: 5 of 15 IIIIII VIII IIIIII VIII IIII Iilllll (IIII III VIII IIII IIII 159256541A ChrisC.Munoz PuebloCtyCA8 SUBD AG R 76.00 D 0.00 Council ( "Omitted Public Improvement "), Subdivider shall not be released or discharged from Subdivider's obligation to construct and install the Omitted Public Improvement in the time and manner contained in this Agreement and Chapter 4, Title XII of the Pueblo Municipal Code. In order to determine whether or not there are Omitted Public Improvements, the following shall be applicable: (a) If the Required Public Improvements are constructed and installed within five (5) years from the date hereof, Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Council and interpreted as of the date hereof shall control. (b) If the Required Public Improvements are constructed and installed after five (5) yeas from the date hereof, Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Council and interpreted as of the date the Required Public Improvements are constructed and installed shall control. (c) If Chapter 4 of Title XII and /or the standards and specifications approved by the City Council are modified or amended to conform with the requirements of federal or state law, rules or regulations prior to the construction and installation of the Required Public Improvements, they shall control as so modified and amended. 15. Except for Omitted Public Improvements, latent defects in construction, design or work, and guarantee required by Section 12- 4- 70)(9)(a) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to extend any obligation of the Subdivider beyond the date of written approval and acceptance by the Director of Public Works of the Required Public Improvements described in attached Exhibit « 16. All Required Public Improvements shall be constructed and installed in compliance with all applicable standards and specifications approved by City Council. 17. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. 18. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as described above. DPW 101 5 04/09/04 Pa 6 of 15 IIIIII VIII IIIIII VIII IIII IIIIIII VIII III VIII IIII IIII 159256541A ChrisC.Munoz Pue6loCtyC1k8,Rec SUBD AG R 7 D 0._00 19. This Agreement shall not be construe to impose any financial obligation upon the Board of Governors of the Colorado State University System ("Board of Governors ") as Subdivider under this agreement unless the Board of Governors (i) declares its intention to assume such financial obligation by resolution duly adopted, or (ii) becomes the developer of the Subdivision. The Board of Governors shall become the developer of the subdivision for purposes of this paragraph if it or The Colorado State University — Pueblo or any of their respective officers, employees or agents construct or cause to be constructed any improvement set forth in Exhibit « The parties have caused this Agreement to be executed and attested by its duly Authorized and acting officer. G9 Ronald Applbaum, President Subdivider Colorado State University - Pueblo Board of Governors of the (SEAL) By: Colorado S University System The foregoing instrument was acknowledged before me on 9 +h q� ow t)O4 , by Ronald Applbaum President Subdivider. Colorado State University - Pueblo My com expires: Board of Governors of the ••••• e Colorado State Universitem �i ' •, m : b � �+ � ce Notary Public City ClAk STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) CITY OF P BLO, a Municipal Corporation By: P sident of City Council The foregoing instrument was acknowledged before me this 28th day of October 2004 by Randy Thurston ,as President of City Council, and Gina Dutcher as City Clerk of the City of Puebin_Colorado. hand and official seal. j. _O My coram ion expires: 8 -21 -2007 t V Notary Public AS TO FORM: City homey Page: 7 of 15 IIIIII VIII IIIIII VIII IIII illllll VIII III VIII IIII IIII 1592565 ChrisC.Munoz PuebloCtyC1k &Rec SUBD AG R 76.00 D 0.00 DPW 101 7 04/09/04 q • •a•...• e �'A ,•o iNIRr .. .. ATT 'r T - � ' A 0 City ClAk STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) CITY OF P BLO, a Municipal Corporation By: P sident of City Council The foregoing instrument was acknowledged before me this 28th day of October 2004 by Randy Thurston ,as President of City Council, and Gina Dutcher as City Clerk of the City of Puebin_Colorado. hand and official seal. j. _O My coram ion expires: 8 -21 -2007 t V Notary Public AS TO FORM: City homey Page: 7 of 15 IIIIII VIII IIIIII VIII IIII illllll VIII III VIII IIII IIII 1592565 ChrisC.Munoz PuebloCtyC1k &Rec SUBD AG R 76.00 D 0.00 DPW 101 7 04/09/04 111111111111111111111111111111111111111111111111111111111111111 1 Page: 8 of 15 592565 ChrisC.Munoz Puab1oCtyC1k &Rec SUED AG R 76.00 D 0.00 EXHIBIT "A" - — KNOW ALL MEN BY THESE PRESENTS: That the Board of Governors of the Colorado State University System and the City of Pueblo, a Municipal Corporation, being the sole owners of the following described property. A portion of land located within the North one -half of Section 17, Township 20 South, Range 64 West, of the 6 th Principal Meridian, Pueblo County, State of Colorado, being more particularly described as follows: Beginning at a point within Section 17 from which the Northeast corner of said Section 17 bears N 87 52' 52" E, a distance of 1847.23 feet; thence, S 02 00'28" E, a distance of 649.51 feet; thence, N 87 59' 32" E, a distance of 105.03 feet; thence S 59 41'23" E, a distance of 66.00 feet; thence, S 27 04'24" E, a distance of 84.85 feet; thence, S 01 ° 55' 53" E, a distance of 185.19 feet; thence, S 15 00' 00" E, a distance of 100.00 feet; thence, S 75'00'00" W, a distance of 374.56 feet, to the beginning of a tangent curve to the right, said curve having a radius of 1050.00 feet and a central angle of 13 04'47"; thence along said curve, Westerly and Southerly, an arc distance 239.70 feet; thence, S 88 04'47" W, a distance of 119.75 feet, to the beginning of a tangent curve to the left, said curve having a radius of 900.00 feet and a central angle of 45 35' 14 "; thence along said curve, Westerly and Southerly an arc distance of 716.08 feet, to a point on the Easterly right of way line of Walking Stick Boulevard, said point also being at the Northeast corner of Enclave at Walking Stick, as recorded at Reception No. 1353559, County of Pueblo records; thence N 47 30'27" W, a distance of 100.00 feet, to a point at the Northeast corner of Lot 1, Block 1, said Enclave at Walking Stick, said point being the beginning of a non - tangent curve to the right, said curve having a radius of 1000.00 feet, a central angle of 38 49' 31 ", and from which a radial line bears S 47 30' 27" E; thence along said curve and along the Southeasterly line of that parcel of land described in Book 2430 at Page 651, Northerly and Easterly an arc distance of 677.63; thence continuing along the Southeasterly lines of said parcel described in Book 2430, at Page 651, the following five courses. N 01° 49' 31" W, a distance of 399.24 feet; thence, N 61' 46'30" W, a distance of 120.16 feet; thence, N 07° 45' 54" W, a distance of 612.93 feet, to a point being 30.00 feet Southerly of the Northerly line of said Section 17; thence 30.00 feet distant and parallel to said Northerly line, N 88 45'07" E, a distance of 775.56 feet; thence, N 72° 21'35" E, a distance of 9.90 feet, to the point of beginning of this description. Said Parcel contains 21.50 acres, more or less. 8 Page: 9 of 15 IIIIII VIII IIIIII VIII IIII IIIIIII VIII III VIII IIII IIII 1592565 ChrisC.Munoz PuebloCtyC1k&Rec SUBD AG R 76.00 D 0.00 EXHIBIT CA S SUBDIVISION NAME: Village Green at Walking Stick, A Special Area Plan OWNER: Board of Governors of the Colorado State University System ENGINEER: C & M Consulting, LLC Chianti Court Improvements (Private) Asphalt Paving (4" asphalt on 8" base) 1235 SY A $16.00 /SY = $ 19,760.00 Curb & Gutter 830 LF (W $10.00 /LF = $ 8,300.00 Water Lines & Amenities 6" PVC (Water Main w / valves) 390 L F (M $45.00 /LF = $ 17,550.00 Service Lines (use Pricing for 60' R.O.W.) 12 EA A $500.00 EA = $ 6,000.00 Sanitary Sewer Lines & Amenities 8" PVC (Sewer Main) 385 LF (ED $30.00 / LF = $ 11,550.00 48" Diameter Manhole 1 EA 0- $2,200.00 EA = $ 2,200.00 Sidewalk (5' wide) 4,300 SF 0- $2.50 SF = $10,750.00 SUBTOTAL =$76,110.00 Tuscan Court Improvements (Private) Asphalt Paving (4" asphalt on 8" base) 935 SY (& $ 16.00 /SY = $ 14,960.00 Curb & Gutter 645 LF (& $10.00/ LF = $ 6,450.00 Water Lines & Amenities �j 111111111111111111111111111111111111111111111111111111111111111 P 5925 15 ChrisC.Munoz Pueb1oCtYC1k &Rec SUBD AG R 76.00 D 0.00 6 "PVC (Water Main w/ valves) 290 LF (&7 $45.00 /LF = $ 13,050.00 Service Lines (use pricing for 60' R.O.W.) 12 EA 0 $500.00 EA = $ 6,000.00 Sanitary Sewer Lines & Amenities 8" PVC (Sewer Main) 290 LF (&- $30.00 /LF = $ 8,700.00 48" Diameter Manhole 1 EA a $2,200.00 EA = $ 2,200.00 Sidewalk (5' wide) 3,300 SF @ $2.50 SF = $ 8,250.00 SUB -TOTAL = $ 59,610.00 Palazzo Lane Improvements (Private) Asphalt paving (4" asphalt on 8" base) 1335 SY (& $16.00 SY = $ 21,360.00 Curb & Gutter 765 LF C&_ $10.00/ LF = $ 7,650.00 Water Lines & Amenities 6" PVC (Water Main w / valves) 420 LF (&- $45.00 /LF = $ 18,900.00 Service Lines (use pricing for 60' R.O.W.) 12 EA 0- $500.00 EA = $ 6,000.00 Sanitary Sewer Lines & Amenities 8" PVC (Sewer Main) 360 LF 0- $30.00 /LF = $ 10,800.00 48" Diameter Manhole 1 EA Q $2,200.00 EA = $ 2,200.00 Sidewalk (5' wide) 3925 SF Q $2.50 /SF = $ 9,812.50 10 Page: 11 of 15 IIIIII VIII IIIIII VIII IIII IIIIIII VIII III IIIIII III IIII 1592565418 ChrisC.Munoz PuebloCtyC1k &Rec SUBD AG R 76.00 0 0.00 SUBTOTAL =$76,722.50 Porta Fina Drive Improvements (Private) Asphalt Paving (4" asphalt on 8" base) 2687 SY Cad $ 16.00 /SY = $ 42,992.00 Curb & Gutter 2,035 LF Q $10.00 /LF =$ 20,350.00 Water Lines & Amenities 6" PVC (Water Main w/ valves) 810 LF t& $45.00 /LF = $ 36,450.00 Service Lines (Use Pricing for 60' R.O.W.) 20 EA A $500.00 EA = $ 10,000.00 Sanitary Sewer Lines & Amenities 8" PVC (Sewer Main) 1452 LF (a7 $30.00 /LF = $ 43,530.00 48" Diameter Manhole 7 EA a, $2,200.00 EA = $ 15,400.00 Sidewalk (5' wide) 9,550 SF Ca)_ $2.50 /SF = $ 23,875.00 Storm Sewer (24" R.C.P.) 589 LF a $40.00 LF = $ 23,560.00 Type "S" Inlet L =8' 3EA A- $3,300.00 EA = $ 9,900.00 Type "S" Inlet L = 10' 1 EA (aD- $3,700.00 EA = $ 7,400.00 Type "S" Inlet L = 12' 1 EA Cca $4,100.00 EA = $ 4,100.00 60" Diameter Manhole 3 EA Q- $2,250.00 EA = $ 6,750.00 Handicap Ramps 11 EA Q $1,250.00 EA = $ 13,750.00 11 1 1111111111111 1111111 11111 11111111111 1111111111111111111111 159 of 15 A ChrisC.Munoz Pueb1oCtYC1k &Rec SUBD AG R 76.00 D 0.00 Signage ('T' Intersection) 3EA 0- $200.00 EA = $ 600.00 Fire Hydrants 3EA Cad $3,300.00 EA SUBTOTAL Village Green Place Improvements Asphalt Paving (5 asphalt on 12" base) 2,156 SY Cad $22.00 /SY Curb & Gutter 1,287 LF t- $10.00 /LF Sidewalk (5'wide) 2,823 SF (&- $2.50 /SF Handicap Ramps 8 EA Cad $1,250.00 EA Water Lines & Amenities 8" PVC (Water Main w /valves) 385 LF Cad $45.00 /LF Fire Hydrant 1 EA Cad $3,000.00 EA Signage ('T' Intersection, Roundabout) 1 EA C� $1,500.00 EA Barricade (L =16') 2 EA $825.00 EA _ $ 9,900.00 _ $ 268,557.00 _ $ 47,432.00 _ $ 12,870.00 _ $ 7,057.50 _ $ 10,000.00 _ $ 17,325.00 _ $ 3,000.00 _ $ 1,500.00 _ $ 1,650.00 SUBTOTAL = $ 100,834.00 Walking Stick Improvements Asphalt Paving (7" asphalt on 15" base) 11,16 SY 29.00 /SY Curb & Gutter _ $ 323,785.00 12 SUBTOTAL = $ 418,927.00 Drainage Improvements Grading (detention pond, earth swales) 5 AC (a) $ 16,000.00 /AC Detention Pond Outlet Structure 1 EA (a- $3,000.00 EA Emergency Overflow Structure 1 EA (aD- $1,500.00 EA Concrete Channels (trickle pan, rear line pans) 2427 LF @ $10.00 /LF Rip Rap 5 CY A $50.00 /CY _ $ 80,000.00 _ $ 3,000.00 _ $ 1,500.00 _ $ 24,270.00 _ $ 250.00 13 159256541A IIIIII VIII IIIIII VIII IIII IIIIIII (IIII III IIIIII III IIII Page: 13 of 15 ChrisC.Munoz Pueb1oCtyC1k&Rec SUBD AG R 76.00 D 0.00 2,956 LF (c- $10.00 /LF = $ 29,560.00 Sidewalk (6' wide) 8,868 SF (&- $2.50 /SF = $ 22,170.00 Storm Pipe (24' RCP) 406 LF (& $40.00 /LF = $ 16,240.00 Type "S" Inlet (L =8') 2 EA 0- $3,300.00 = $ 6,600.00 Drop Inlet (4'x 4') 1 EA (& $2500.00 EA = $ 2,500.00 Street Lights (250 watt, Breakaway Pole) 8 EA (c- $1,300.00 EA = $ 10,400.00 Signage ( "T" Intersection) 1 EA (a)_ $500.00 EA = $ 500.00 Handicap Ramps 2 EA (& $1,250.00 EA = $ 2,500.00 Concrete and Square Pan Radii (7" Conc.) 1,168 SF Ca) $4.00 /SF = $ 4,672.00 SUBTOTAL = $ 418,927.00 Drainage Improvements Grading (detention pond, earth swales) 5 AC (a) $ 16,000.00 /AC Detention Pond Outlet Structure 1 EA (a- $3,000.00 EA Emergency Overflow Structure 1 EA (aD- $1,500.00 EA Concrete Channels (trickle pan, rear line pans) 2427 LF @ $10.00 /LF Rip Rap 5 CY A $50.00 /CY _ $ 80,000.00 _ $ 3,000.00 _ $ 1,500.00 _ $ 24,270.00 _ $ 250.00 13 II IIIIIII VIII III IIIIII III IIII 1592565 41P IIIIIIIIIIIIIIIIIIIIIIIII c sueD AG R 76.00 D 0.00 Chr isC. Munoz Puab 10C t yGI k &Ra _ _ _ SUBTOTAL = $ 109,020.00 Construction and Post Construction Best Management Practices (BMP's) Silt Fence 4,500 LF (a- $ 5.00 /LF Vehicle Tracking Control Pad 1 EA A $50.00 EA Inlet Protection 9 EA A- $50.00 EA Straw Bale Check Dam 5 EA (cD- $ 50.00 EA Outlet Protection 3 EA (cD- $50.00 EA Reseeding 5 Acres (a)- $ 16,000.00 /Acre Temporary Irrigation for reseeding Lump Sum = $ 22,500.00 = $ 50.00 = $ 450.00 = $ 250.00 = $ 150.00 = $ 80,000.00 = $ 2,500.00 SUBTOTAL = $ 105,900.00 GRAND TOTAL = $ 1,215,680.50 14 IIIIII VIII IIIIII VIII IIII IIIIIII VIII III IIIIII III IIII 1592565 of 15 ChrisC. Munoz PuehloCtyC1k &Rec SUBD AG R 7 D 0 This is an estimate only. construction costs may vary. PREPARED BY: John D. Chrisman P.E. FIRM: C & M Consulting, LLC The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the subdivision by Chapter 4, Title XII of the Municipal Code and standards and specifications approved by City Council, (ii) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements and (ii) the unit prices shown hereon are the most current unit prices provided by the Citblo. c ° �' te a' C yR �cp • 't`� [P.E. SEAL] o 33838 z t . p. go . •••0000•••P •C �a /(MIG�.�N REVIEWED BY: 15