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HomeMy WebLinkAbout07253Reception 1608701 03/01/2005 ORDINANCE NO. 7253 AN ORDINANCE APPROVING THE PLAT OF OF FOREST GLEN SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Forest Glen Subdivision, being a subdivision of land legally described as: A parcel of land located in the NW ' / 4 of Section 16, Township 21 South, Range 65 West of the 6 th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the West line of the NW '/ of Section 16, Township 21 South, Range 65 West of the 6 th P.M. to bear N. 00 0 04'53" W., and all bearings contained herein being relative thereto. Beginning at the Northwest Corner of said Section 16; thence S. 88 °36'21" E., along the North line of NW '/4 of said Section 16, a distance of 1097.63 feet to a point on the Southerly right -of -way line of Siena Drive (Jones Avenue) as platted in Antelope Trail A Special Area Plan according to the recorded plat thereof as filed for record at Reception No. 1557400 in the Pueblo County records; said point also being on the North line of Parcel F in said Antelope Trail A Special Area Plan; thence continuing along said Southerly right -of -way line of Siena Drive (Jones Avenue) and the North line of Parcel F the following two (2) courses: 1. N. 89 0 57'14" E., a distance of 1135.77 feet, (1115.51 feet Plat); 2. S. 37 0 30'10" E., a distance of 36.68 feet, (37.86 feet Plat), to a point on the Northerly right -of -way line of Colorado State Highway No. 78 as presently located; thence S. 52 °29'57" W., along said Northerly right -of -way line of Colorado State Highway No. 78, a distance of 910.23 feet; thence Northwesterly along the arc a curve to the left whose radius is 154.06 feet and whose center bears S. 36 0 57'48" W., a distance of 104.20 feet; thence S. 88 0 12'39" W., a distance of 186.80 feet; thence Northwesterly along the arc of a curve to the right whose radius is 502.50 feet, a distance of 562.83 feet; thence N. 42 0 18'09" E., a distance of 389.23 feet to a point on the Southerly right -of -way line of said Siena Drive (Jones Avenue) as deeded to the City of Pueblo at Reception No. 1554502 in the Pueblo County records; thence continuing Westerly along the Southerly right -of -way line of said Siena Drive (Jones Avenue) the following five (5) courses: 1. S. 89 0 57'14" W., a distance of 691.44 feet; 2. Westerly along the arc of a curve to the left whose radius is 460.00 feet, a distance of 110.60; 3. S. 76 0 10'40" W., a distance of 100.00 feet; 4. Westerly along the arc of a curve to the right whose radius is 540.00 feet, a distance of 133.50 feet; 5. N. 89 0 39'25" W., a distance of 19.71 feet to a point on the West line of said Section 16; thence N. 00 °04'53" W., along the West line of said Section 16, a distance of 80.02 feet to the Point of Beginning. Containing 13.522 Acres, more or less. is hereby approved, and all dedicated streets, utility and drainage easements, rights -of- way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The acceptance of such dedicated streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. The following modifications to the subdivision regulations are hereby approved: 1. Non - radial lot lines to maintain the feasible lot pattern. 2. 10 foot side yard drainage easements (in lieu of 20' drainage easement). 3. 30 -foot wide street with detached walk transitioning to attached walk at cul -de -sac in order to make better use of lot frontage for driveway access and landscaping. 4. Street crown slope of 3.0 % (in lieu of 2 %) in order to improve street efficiency to accommodate storm water runoff. 5. Install storm sewer pipe behind the curb and gutter on Starview Way adjacent to Lots 13 and 14 in Block 4, to accommodate the existing Public Service (Comanche) 30" raw water line, proposed water line and proposed sanitary sewer pipe. SECTION 4. The ordinance is approved upon the following condition: In order install of the storm sewer line behind the curb and gutter on Starview Way, adjacent to Lots 13 and 14 in Block 4, full depth flowable fill must be constructed along the entire length of the trench. 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 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 condition set forth in Section 4 hereof has been 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 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 r Ordinance beco c'tIV 4 �`� �v 4 INTRODUCED: December 13, 2004 BY: Michael Occhiato COUNCILPERSON 7 4 APPROVED: WESIqtNT OF CITY COUNCIL ATTESTED BY: etc ITY CLERK PASSED AND APPROVED: December 27, 2004 Ord * ") 25.3 Background Paper for Proposed ORDINANCE -Not AGENDA ITEM # a 1 DATE: DECEMBER 13, 2004 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP TITLE AN ORDINANCE APPROVING THE PLAT OF FOREST GLEN SUBDIVISION ISSUE Shall City Council approve a request to subdivide this property for the purpose of residential development? RECOMMENDATION The Planning Commission, at their November 10, 2004 Regular Meeting, voted 5 -0 to recommend approval and allow with the following condition and modifications: CONDITION: In order install of the storm sewer line behind the curb and gutter on Starview Way, adjacent to Lots 13 and 14 in Block 4, full depth flowable fill must be constructed along the entire length of the trench. MODIFICATIONS: 1. Non - radial lot lines to maintain the feasible lot pattern. 2. 10 foot side yard drainage easements (in lieu of 20' drainage easement). 3. 30 -foot wide street with detached walk transitioning to attached walk at cul -de -sac in order to make better use of lot frontage for driveway access and landscaping. 4. Street crown slope of 3.0 % (in lieu of 2 %) in order to improve street efficiency to accommodate storm water runoff. 5. Install storm sewer pipe behind the curb and gutter on Starview Way adjacent to Lots 13 and 14 in Block 4, to accommodate the existing Public Service (Comanche) 30" raw water line, proposed water line and proposed sanitary sewer pipe. BACKGROUND Forest Glen Subdivision is generally located on the southside of Pueblo and south of Siena Drive, east of Bandera Boulevard, and north of Colorado State Highway No. 78. The applicant wishes to subdivide the 13.522 acre property into 54 single - family residential lots. Public Works staff confirmed that the applicant has complied with all items listed in the Subdivision Review Committee memo dated November 29, 2004. FINANCIAL IMPACT None. Reception 1608703 03/01/2005 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on " - R' , Zoo 5 , between the CITY OF PUEBLO, a Municipal Corporation ("City"), and Ventana at Pueblo, LLC ("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 Forest Glen Subdivision ( "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: 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 DPW101 4/9/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 6087 03meA C hris C. Munoz Pueb 1oCtYC1k &Reo SUBD AGR 76.00 D 0.00 escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such 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 agremevt,upon- building sites lyingbetween 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. DPW101 04/09/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 6087 03iOA 'Chris C. Munoz Pueb1oCtYC1k &Rec SUBD AGR 76.00 D 0.00 As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title 719 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 sushblock.. Upen 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 04/09/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 80 03i0a Chris C. Munoz Pueb1oCtyC1k&Rec SUBD RGR 76.00 D 0.00 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots and shall include the full width of all streets upon which such lots abut. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage facilities, stormwater detention facilities, or maintenance and restoration of adjacent drainage channels, and/or associated improvements and revegetation (the "facilities "), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefore approved by, and on file with the City, and thereafter, the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right (but not the obligation) to inspect, control, repair, replace and maintain the facilities and to recover all costs and expenses therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain, or replace the facilities shall not subject the City to any liability for such failure. 12. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear, the holder of such indebtedness or encumbrance shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, - and -re st rirtions 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 X1I of the Pueblo Municipal Code and the standards and specifications approved by City DPW 101 4 04/09/04 IIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII a 608703 Chris C. Munoz Pueb10CtyC1k&R SUED AGR 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 XH 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 XH 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 XH 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 constriction 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- Ex -hibit « 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 runnin with the land until released as described above. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. DPW 101 04/09/04 TA (SEAL) i \G0 9�� O 9 O�OF,P My Commission Expires 10/17/2oo7 Ventana at Pueblo, LLC, a Colorado Subdivider 'ted Liabi t Co any By: C� Rog H. F 201 manaagr By: The foregoing instrument was acknowledged before me on F rt A n r,.,r 8 , (9005 , by Roger H. Fonda, Manager of Ventana at Pueblo, C , Subdivider. a Colorado Limited Liability Company" My commission expires: 1 - 1 p C5. nto� Notary Public The foregoing instrument was acknowlei Ec & u r _ by President of City ouncil, and Yina Di O �`0►i¢ ft hand and official seal. My co ion expires: A t APPROVED AS TO FORM: City o , WFIG to M a ;me o il . , � me this _ "/ l hN day of Chllll►1C1� C r- ,as as City Cle o f the City of A loraL ( h &' Notary Public IIIIII VIII IIIIII IIII IIII VIII Illillll III VIII IIII IIII 16 @ f o 15 a Chris C. Munoz Pueb10CtyC1k&R SUBD RGR 76.00 D 0.00 DPW 101 04/09/04 STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII page: 80 O310A Chris C. Munoz PUebjoCtyC1k&Re0 SUBD RGR 76.00 D 0.00 EXHIBIT A LAND DESCRIPTION A parcel of land located in the NW 1 /a of Section 16, Township 21 South, Range 65 West of the 6"' P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the West line of the NW 1 /4 of Section 16, Township 21 South, Range 65 West of the 6"' P.M. to bear N. 00 0 04'53" W., and all bearings contained herein being relative thereto. Beginning at the Northwest Corner of said Section 16; thence S. 88 °3621" E., along the North line of NW 1 /4 of said Section 16, a distance of 1097.63 feet to a point on the Southerly right -of -way line of Siena Drive (Jones Avenue) as platted in Antelope Trail A Special Area Plan according to the recorded plat thereof as filed for record at Reception No. 1557400 in the Pueblo County records; said point also being on the North line of Parcel F in said Antelope Trail A Special Area Plan; thence continuing along said Southerly right -of -way line of Siena Drive (Jones Avenue) and the North line of Parcel F the following two (2) courses: 1. N. 89 0 57'14" E., a distance of 1135.77 feet, (1115.51 feet Plat); 2. S. 37 0 30'10" E., a distance of 36.68 feet, (37.86 feet Plat), to a point on the Northerly right -of -way line of Colorado State Highway No. 78 as presently located; thence S. 52 0 2957" W., along said Northerly right -of -way line of Colorado State Highway No. 78, a distance of 910.23 feet; thence Northwesterly along the arc a curve to the left whose radius is 154.06 feet and whose center bears S. 36 0 5748" W., a distance of 104.20 feet; thence S. 88 0 12'39" W., a distance of 186.80 feet; thence Northwesterly along the arc of a curve to the right whose radius is 502.50 feet, a distance of 562.83 feet; thence N. 42 0 18'09" E., a distance of 389.23 feet to a point on the Southerly right -of -way line of said Siena Drive (Jones Avenue) as deeded to the City of Pueblo at Reception No. 1554502 in the Pueblo County records; thence continuing Westerly along the Southerly right -of -way line of said Siena Drive (Jones Avenue) the following five (5) courses: 1. S. 89 0 57'14" W., a distance of 691.44 feet; 2. Westerly along the arc of a curve to the left whose radius is 460.00 feet, a distance of 110.60; 3. S. 76 a distance of 100.00 feet; IIIIII VIII IIIIII IIII IIII VIII IIIIIIII III VIII IIII IIII a 608703 Chris C. Munoz PueCloCtyC1k &Rae SUBD RGR 76.00 D 0.00 4. Westerly along the arc of a curve to the right whose radius is 540.00 feet, a distance of 133.50 feet; 5. N. 89 0 39`25" W., a distance of 19.71 feet to a point on the West line of said Section 16; thence N. 00 0 04'53" W., along the West line of said Section 16, a distance of 80.02 feet to the Point of Beginning. Containing 13.522 Acres, more or less. Prepared by: NorthStar Engineering and Surveying, Inc. 111 E. 5 th Street Pueblo, Colorado 81003 July 28, 2004 IN 01 018 03 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 80 0310a Chris C. Munoz PuebloCtyClk &Rec BUBD RGR 76.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDMSION NAME: DEVELOPER: ENGINEER: D CEDAR COURT fPhase I 3" Asphalt over 6" Base Course Curb and Gutter Handicap Ramp (3) Tactile bands Square pan WATER 8" PVC Water Main Service Fire Hydrant Ass'y SANITARY SEWER: 8" PVC Sewer Main Services 48" Manholes STORM SEWER 30" RCP 18" RCP Type I -B Manhole Type "W" Inlet L =12' STREET LIGHT MONUMENT BOX SIGNAGE T- Intersection (60' R -O -W) FOREST GLEN SUBDMSION JN 0101803 VENTANA AT PUEBLO, LLC NORTHSTAR ENGINEERING AND SURVEYING, INC. 2400 SY @ $12.00 /SY = $28,800 1548 LF @ $10.00 /LF = $15,480 360 SF @ $3.00 /SF $1,080 3 EA @ $300.00 /EA $900 250 SF @ $4.00 /SF $1,000 780 LF @ $45.00 /LF = $35,100 29 EA @ $500.00 /EA = $14,500 2 EA @ $3,000.00 /EA = $6,000 780 LF @ $30.00 /LF = $23,400 29 EA @ $1,000.00 /EA = $29,000 4 EA @ $2,200.00 /EA = $8,800 288 L.F. @ $60.00 /LF = $17,280 259 L.F. @ $38.00 /LF = $9,842 2 EA @ $2,250.00 /EA = $4,500 1 EA @ $4,100.00 /EA = $4,100 3 EA @ $1,300.00 /EA = $3,900 5 EA @ $575.00 /EA = $2,875 1 EA @ $200.00 /EA = $200 RED CEDAR - SUBTOTAL $206,757 IIIIIIIIIIIIIIIII IIII IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII Page: 80 0310A Chris C. Munoz Pueb l oC t yCI k &Reo SUBD AGR 76.00 D 0.00 SUBDMSION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: DEVELOPER: ENGINEER: STONE PINE DRIVE (Phase I1 STREETS 3" Asphalt over 6" Base Course Curb and Gutter WATER 8" PVC Water Main Service STORM SEWER 30" RCP 24" RCP Type "W" Inlet L =20' Flowable Fill MONUMENT BOX FOREST GLEN SUBDMSION JN 0101803 VENTANA AT PUEBLO, LLC NORTHSTAR ENGINEERING AND SURVEYING, INC. 1140 SY @ $12.00 /SY = $13,680 740 LF @ $10.00 /LF = $7,400 370 LF @ $45.00 /LF = $16,650 2 EA @ $500.00 /EA = $1,000 229 L.F. @ $60.00 /LF = $13,740 36 L.F. @ $40.00 /LF = $1,440 1 EA @ $5,700.00 /EA = $5,700 8 CY @ $65.00 /CY $520 3 EA @ $575.00 /EA = $1,725 STONE PINE - SUBTOTAL $61,855 IIIIII VIII IIIIII IIII IIII VIII IIIIIIII III IIIIII III IIII 0 508 ge: 11 0310a C hris C. Munoz Pueb1oCtyC1k &Rec SUBD PGR 76.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: FOREST GLEN SUBDMSION 7N 0101803 DEVELOPER: VENTANA AT PUEBLO, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. SANITARY SEWER OUTFALL (Phase I) 8" PVC Sewer Main 380 LF @ $30.00 /LF = $11,400 Services 4 EA @ $1,000.00 /EA = $4,000 48" Manholes 1 EA @ $2,200.00 /EA = $2,200 DETENTION POND (Phase I Establish vegetation 1.12 AC @ $12,000.00 /AC = $13,440 Outlet Structure 1 EA @ $3,600.00 /AC = $3,600 24" RCP 78 LF @ $40.00 /LF = $3,120 Rip Rap 23 CY @ $50.00 /CY = $1,150 6' Conc. Pan 1175 SF @ $4.00 /SF $4,700 6" Conc. Pan 3700 SF @ $3.00 /SF $11,100 Sidewalk (4 ") 1380 SF @ $2.50 /SF $3,450 Grading 4000 CY @ $2.00 /CY = $8,000 BIKE PATH (Phase I) Sidewalk (6 ") 9100 SF @ $3.00 /SF $27,300 SUB TOTAL $9 3 r 460 PHASE I SUBTOTAL $362,072 IIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 6087 0310A Ch C. Munoz Pueb1oCtyC1k4Rec SUBD AG 75.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDMSION NAME: FOREST GLEN SUBDIVISION JN 0101803 DEVELOPER: VENTANA AT PUEBLO, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. BLUE SPRUCE DRIVE (Phase II 3" Asphalt over 6" Base Course 2600 SY @ $12.00 /SY = $31,200 Curb and Gutter 1660 LF @ $10.00 /LF = $16,600 Handicap Ramp (6) 720 SF @ $3.00 /SF $2,160 Tactile bands 6 EA @ $300.00 /EA $1,800 Square pan 500 SF @ $4.00 /SF $2,000 Sidewalk (4 ") 750 SF @ $2.50 /SF $1,875 WATER 8" PVC Water Main 840 LF @ $45.00 /LF = $37,800 Service 24 EA @ $500.00 /EA = $12,000 Fire Hydrant Ass'y 3 EA @ $3,000.00 /EA = $9,000 SANITARY SEWER: 8" PVC Sewer Main 663 LF @ $30.00 /LF = $19,890 48" Manholes 3 EA @ $2,200.00 /EA = $6,600 Services 20 EA @ $1,000.00 /EA = $20,000 STORM SEWER 18" RCP 350 L.F. @ $38.00 /LF = $13,300 15" RCP 8 L.F. @ $35.00 /LF = $280 Type "W" Inlet L =12' 1 EA @ $4,100.00 /EA = $4,100 Type I -B Manhole 2 EA @ $2,250.00 /EA = $4,500 Flowable Fill 8 CY @ $65.00 /CY $520 STREET LIGHT 3 EA @ $1,300.00 /EA = $3,900 MONUMENT BOX 6 EA @ $575.00 /EA = $3,450 SIGNAGE T- Intersection (60' R -O -W) 2 EA @ $200.00 /EA = $400 BARRICADES L1(i 1 EA @ $825.00 /EA = $825 BLUE SPRUCE DRIVE - SUBTOTAL X592,200 ge: 13 of 15 IIIIII VIII IIIIII IIII IIII VIII IIIIIIII III IIIIII III IIII 0 60870310a C hris C. Mun PuebloCt &Rec SUBS AGR 76.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBITnBn SUBDMSION NAME: FOREST GLEN SUBDMSION JN 0101803 DEVELOPER: VENTANA AT PUEBLO, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. MANOR RIDGE DRIVE (Phase III STREETS 3" Asphalt over 6" Base Course 580 SY @ $12.00 /SY = $6,960 Curb and Gutter 350 LF @ $10.00 /LF = $3,500 STORM SEWER 18" RCP 37 LF @ $38.00 /LF = $1,406 Type "S" Inlet L =6' 1 EA @ $2,900.00 /EA = $2,900 MANOR RIDGE DRIVE - SUBTOTAL $141766 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 80 0310A Chris C. Munoz Pueb1oCtyC1k&Rec SUBD RGR 76.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDMSION NAME: FOREST GLEN SUBDIVISION JN 0101803 DEVELOPER: VENTANA AT PUEBLO, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PARK (Phase III Develop park (to be escrowed) 0.28 AC @ $16,200.00 /AC = $4,536 Spilt rail fence 150 LF @ $5.00 /LF = $750 SUBTOTAL 15 PHASE II SUBTOTAL $212,252 ge: 15 of 15 IIIIII VIII IIIIII IIII IIII VIII IIIIIIII III IIIIII III IIII 0 60870310a Chris C. Munoz PuebloCtyC1k&Reo SUBD RGR 76.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDMSION NAME: FOREST GLEN SUBDMSION IN 0101803 DEVELOPER: VENTANA AT PUEBLO, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE I SUBTOTAL: $362,072 PHASE II SUBTOTAL: $212 TOTAL PROJECT: $574 This is an estimate only. Actual construction costs may vary. PREPARED BY: M. CUPPY FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC. The undersigned hereby certifies that (1) the required Public Improvements shown hereon and on the Plans and Specifications meet the requirements of and have been designed in accordance with Chapter 4, Title X11 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. Professional Engineer Date Reception 1608704 03/01/2005 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the f ee Lrog! y k ZcoS , Subdivision Improvements Agreement for Forest Glen Subdivision (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. The Subdivider will develop the Subdivision in separate phases in the sequence described in the attached Exhibit "A ". 2. The Subdivider shall construct and install all Required Public Improvements in the manner and as described in the Subdivision Improvements Agreement needed and required to serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A ". 3. For purposes of determining the extent and timing of the Required Public Improvements, each Phase shall be considered as a separate subdivision. 4. After completion of all Required Public Improvements for any Phase and approval thereof by the Director of Public Works, the City will release the lots in that Phase from the Subdivision Improvements Agreement and this Addendum- 5. Any development of the Subdivision contrary to the phasing sequence set forth in paragraph 1 above without the prior written approval of the Director of Public Works ( "Director ") shall constitute a breach of the Subdivision Improvements Agreement and this Addendum and City may thereafter refuse to approve the issuance of building permits for construction within the Subdivision. 6. No modifications to the phasing sequence set forth in the attached Exhibit "A" shall be approved by the Director until (a) Subdivider's engineer certifies in writing that the requested modifications will not result in any lot in the Subdivision being inadequately served by required public improvements, (b) Subdivider furnishes title information satisfactory to the City showing all persons and entities having a recorded interest in all lots within the Subdivision ( "Interested Parties "), and (c) all Interested Parties execute and acknowledge their consent to and approval of the modification to the phasing sequence in form and content approved by the City Attorney. 7. The Subdivision Improvements Agreement as amended by this Addendum shall remain in full force and effect and the covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and Subdivider and their respective heirs, personal representatives, successors, and assigns. Executed at Pueblo, Colorado, as of Ventana at Pueblo, LLC n Colorado imp d iabi1 y Compa Subdivider DPW103 1/6/04 By W,� Ro M er H onda nager By STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this G day of elhrua W Zby Roger H. Fonda, Manager of Ventana Subdivider. at Pueblo, LLC, a Colorado Limited Liability Company Witness my hand and official seal My commission expires: jD► i�Jr) j J }- •.9� Notary Public '1 Fg L oP W Commission Expires 10117/2007 111111111111111111111111111111111111111111111111111111111111111 Chris C. Munoz PuebloCtyClk&Reo ADD AGRR 16. 1608704 Page: 2 of 3 03/01/2005 10:108 00 D 0.00 DPW 103 1/6/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 6087 0410A Chri C. Mu noz PuebloCtyClk &Reo ADD AGRR 16.00 D 0.00 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" The Subdivider will develop the Subdivision in separate phases in the following sequence: (a) Phase I shall consist of the following lots within the Subdivision: Lots 1 -4, Block 3 Lots 14 -40, Block 4 and Parcel A (b) Phase II shall consist of the following lots within the Subdivision: Lots 1 -6, Block 1 Lots 1 -4, Block 2 Lots 1 -13, Block 4 and Parcel B DPW103 1/6/04 Reception 1608705 03/01/2005 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (GENERAL) This Addendum shall be incorporated in and become a part of the February 8 , 2005 Subdivision Improvement Agreement for the Forest Glen Subdivision (herein the "Subdivision') and enforceable as provided in said Subdivision Improvements Agreement. 1 #. See Attachment No.l (Terms and conditions of Addendum to the Subdivision Improvements Agreement) 2 #. 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 the date and year stated above. SUBDIVIDER: PUEBLO, A MUNICIPAL CORPORATION Ventana at Pueblo, LLC, a Colorado Limited LiabilityB Companl By: !! Name. Roger H. Fonda Title: Manager DPW 102 12/03/98 IIIIII VIII IIIIII IIII (IIII VIII IIIIIiI III VIII IIII IIII 160 of 2 A Chris C. Munoz Pueb1oCtYC1k &Rec ADD AGRR 11.00 D 0.00 ATTACHMENT NO. 1 The Subdivider shall deposit with the City's Director of Finance the amount of $11,275.00 for the future construction of traffic control signalization at Bandera Boulevard and State Highway 78. If said funds are not used to complete all or part of such construction within twelve (12) years after deposit, such funds shall be refunded to the Subdivider without interest. Reception 1608706 03/01/2005 NOTICE OF SHALLOW SANITARY SEWER SERVICE LINES Notice is hereby given to the owner(s) of Lot(s) 12 and 13 , Block q , Lot 2, Block 3 Forest Glen Subdivision , Pueblo Colorado, and their heirs, personal subdivision representatives, successors, and assigns, that sanitary sewer service to basements of these lot(s) may require a pumping system due to the elevation of the sanitary sewer line(s) in the street or public right of way. This notice is dated deb ru -f , 20 06 Ij Ventana at Pueblo, LLC, a SUBDIVIDER Colorado Limited Liability Company By: !�Y Name: Roger H onda Title: Manager Address: 1700 Fortino Blvd. Pueblo, CO 81008 STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this E) day of _ �, 20 �_ by Roger H. Fonda, Manager of Ventana > Subdivider. at Pueblo, LLC, a Colorado Limited Liability Company Witness my hand and official seal. My commission expires: 11D� 7 0'7 �P.�0 130 . O • P Op COLON MyCOmmissi0n Expires 10/17/2007 Notary Public