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
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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 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.
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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.
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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 -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
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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 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.
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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
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) ss.
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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;
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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
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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