HomeMy WebLinkAbout07287Reception 1620178
05/16/2005
ORDINANCE NO. 7287
AN ORDINANCE APPROVING THE PLAT
OF WILDE SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Wilde Subdivision, being a subdivision of land legally described
as:
All of Block 13 in Sunny Side, according to the recorded plat, filed for record June 4,
1902, County of Pueblo, State of Colorado,
is hereby approved, and all dedicated streets, utility and drainage easements, rights -of-
way and land set aside for public sites, parks and open spaces shown and dedicated on
said plat are hereby accepted for public use.
SECTION 2.
The acceptance of such dedicated streets, rights -of -way, utility and drainage
easements, public sites, parks and open spaces by the City does not obligate the City to
maintain or repair same until such streets, rights -of -way, utility and drainage easements,
public sites, parks and open spaces have been constructed and installed in compliance
and in accordance with the requirements and provisions of Chapter 4, Title XII of the
Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto.
SECTION 3.
Neither the adoption of this ordinance nor the requirements imposed hereby shall
create any duty or obligation of any person, firm, corporation or other entity with regard
to the enforcement or nonenforcement o this or finance or the i y s u ivision
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 4.
This ordinance shall be approved upon final passage but shall not become
effective until (a) all information, documents, drawings, profiles, and plat required by
Chapter 4 of Title XII of the 1971 Code of Ordinances meeting and complying with the
subdivision requirements of the City with such modifications, if any, approved by City
Council, have been filed with and approved by the Director of Public Works, and (b) the
final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder.
If any such filings and approvals have been deferred pursuant to Section 12-4 -5 (B) (2)
of the Pueblo Municipal Code, and are not for any reason filed and approved within one
(1) year after final passage of this Ordinance, or within any extended period granted by
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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.
w'
FA
QTY CLERK
INTRODUCED:
March 28, 2005
BY: Michael Occhiato
COUNCILPE S
APPROVED
RESI E OF CITJ UNCIL
PASSED AND APPROVED: April 11 2005
DATE: MARCH 28, 2005
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATORIMICHAEL SMYTH, AICP
TITLE
AN ORDINANCE APPROVING THE PLAT OF WILDE SUBDIVISION
ISSUE
Shall City Council approve a request to subdivide this property for the purpose of
commercial development?
RECOMMENDATION
The Planning Commission, at their January 12, 2005 Regular Meeting, voted
5 -0 to recommend approval.
BACKGROUND
Wilde Subdivision is generally located on the southside of Pueblo, at the
northwest corner of the intersection of Lake Avenue and Pueblo Boulevard. The
applicant is requesting a re- subdivision of Lots 1 through 46, Block 13, in the
Sunny Side Subdivision to create four (4) commercial lots and dedicate additional
right -of -way for Lake Avenue. One of the four commercial lots will be home to a
new Loaf `N Jug convenience store.
Public Works staff confirmed that the applicant has complied with all items listed
in the Subdivision Review Committee memo dated February 17, 2005.
FINANCIAL IMPACT
None.
Reception 1620179
05/16/2005
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Sk6d,�;SIon
Reception 1620180
05/16/2005
RATIFICATION OF PLAT
FOR VALUE RECEIVED, the undersigned being the owner of indebtedness
secured by a deed of trust recorded November 23 2004 in Book
at Page , Reception Number 1595306 , does hereby ratify
and consent to the subdivision of the land platted as
Wilde Subdivision shown on the Subdivision Plat recorded by
Reception Number / /p.� O/ `j? in the records of Pueblo County, Colorado, and
confirms and joins in the dedication of all streets, easements, rights of way and access
restrictions shown thereon and subordinates its interest in the property described in the
Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto
between the Subdivider and City of Pueblo executed in conjunction therewith.
Signed this day of
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tyfit?
STATE OF COLORADO)
U.S. Bank, N.A.
Company Name
By: - + C
Kevin McCarthy
Title: Vice President
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this day of
p�GpS by Kevin McCarthy as
Virg PrPRidPnt of U.S. Bank, N.A.
My Commission Expires:
G% 4&4'
Notary Public
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Reception 1620181
05/16/2005
DECLARATION OF COVENANTS CONCERNING
Drainage and Utility EASEMENTS FOR
(type of easement)
Wilde Subdivision
(name of subdivision)
THIS DECLARATION OF COVENANTS is made as of I r 1Q,LI (p
o - ,by Greg Hahn, Manager, Wilde Investing. LLC, a Colorado
Limited Liability Company , herein the "Declarant ".
Easement means and includes the land shown and dedicated on the plat of the
Subdivision, or otherwise granted or dedicated in or outside of the Subdivision, for
landscaping, drainage, storm water detention, streets, sidewalks, or utility purposes that
serve or benefit the Subdivision. Easements granted or dedicated outside of the
Subdivision are described in the attached Exhibits (`B ", "C ").
Facilities means and includes drainage facilities and sanitary
sewer 2 , located in an Easement.
Lot means a lot or other designated parcel of land within the Subdivision other
than Easements.
Lot Owner means and includes all persons and entities having any right, title or
interest in and to a Lot, or any part thereof.
Subdivision means the Wilde Subdivision
Subject Property means the real property located in Pueblo County, Colorado and
described in the attached Exhibit "A ".
RECITALS
A. Declarant is the record owner of, and has fee simple title to the Subject
Property.
1. Insert name and address of property owners.
2. Describe all improvements, the repair, maintenance, and replacement of which are not the
obligation of the City nor any provider of utility services.
3. Insert name of subdivision.
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B. Declarant intends to or has subdivided the Subject Property and platted the
Subject Property as the Subdivision.
C. Declarant desires to provide for the orderly development of the Subdivision
and to insure the proper installation, maintenance and repair of the Easements
and Facilities.
NOW THEREFORE, Declarant declares that the Subject Property and all Lots
within the Subdivision shall be held, transferred, sold, conveyed, occupied, and used
subject to the following covenants, conditions, and restrictions:
1. Purpose The purpose of the covenants and provisions of this Declaration of
Covenants is to insure the proper and orderly development of the Subject Property and to
provide a reasonable method to maintain and repair the Easements and Facilities to the
benefit of all the Lots within the Subdivision.
2. Covenants
(a) Declarant shall install the Easements and Facilities in accordance
with the plans and specifications therefore approved by, and on file
with the City of Pueblo. Declarant shall record this Declaration of
Covenants in the office of the Pueblo County Clerk and Recorder
contemporaneously with but immediately after the recording of the
plat of the Subdivision.
(b) Each Lot Owner shall be primarily responsible for maintaining the
Facilities in good working order and condition and for the repair
and replacement of the Facilities located in an Easement on or
adjacent to such Lot Owner's Lot; provided, however, that all Lot
Owners shall be jointly and severally liable for maintaining the
Facilities in good working order and condition and for the repair
and replacement of the Facilities.
(c) The City of Pueblo is granted the right at its option (but not the
obligation) to inspect, control, repair, maintain and replace the
Facilities and to recover all costs and expenses thereof plus an
administrative charge of 15% from the Lot Owners. All such
City's cost and administrative charge shall become a perpetual lien
on all the Lots within the Subdivision upon recording in the office
of the Pueblo County Clerk and Recorder a statement of lien
setting forth City's cost and describing the Lots 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 of Pueblo to any liability for such failure.
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3. Bindine Effect Chris C. Munoz Pueb l oC t YC1 k &R
Each of the covenants and provisions of this Declaration of Covenants shall run
with the Subject Property and Lots within the Subdivision, and shall forever
be binding upon and inure to the benefit of all Lot Owners and their respective
heirs, personal representatives, successors and assigns.
4. Enforcement.
(a) The covenants and provisions of this Declaration of Covenants
shall be enforceable at law or in equity by any Lot Owner or the
City of Pueblo against any person or entity violating, attempting to
violate, or not complying with any of the covenants and provisions
of this Declaration of Covenants.
(b) Failure of any Lot Owner or the City of Pueblo to enforce any of
the covenants or provisions of this Declaration of Covenants shall
in no event constitute or be deemed to constitute a waiver of the
right to do so thereafter, and shall not subject any Lot Owner or the
City of Pueblo to any liability for failure to enforce.
(c) The enforcing party may seek and recover damages or injunctive
relief or both. In the event of any action or litigation arising out of
or to enforce this Declaration of Covenants, the Court shall award
the prevailing party its costs and expenses including reasonable
attorney fees. Venue for any such action shall be in the District
Court In And For the County of Pueblo, State of Colorado, and for
purposes thereof, Declarant and all Lot Owners agree to submit to
the jurisdiction of that Court.
5. Survival
Invalidation of any one of the covenants or provisions of this Declaration of
Covenants whether by final judgment or court order shall not affect any of the
remaining covenants or provisions, which shall remain in full force and effect.
6. Modification
Neither this Declaration of Covenants nor any of the provisions hereof may be
cancelled, terminated, amended or modified without the prior written consent of
all the Lot Owners and the City of Pueblo.
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7. Applicable Law Chris C. Munoz PuebloCtyClk &Rec DEC C R 21 .00 D 0.00
This Declaration of Covenants shall be construed, interpreted and enforced in
accordance with the laws of the State of Colorado.
Executed the day and year first above written. (�
COUNTY OF PUEBLO )
)ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this �V day of
ao °5
by -Greg Hahn, Manager
Wilde Investing, LLC a Colorado Limited Liability Company
Witness my hand and official seal.
My commission expires: 1
Notary Public
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My Canmision Expires 10/17/2007
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SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on � cy b -Lp 4 , between the
CITY OF PUEBLO, a Municipal Corporation ( "City "), and
Wilde Investing, LLC a Colorado Limited Liability Company
( "Subdivider ").
RECITALS
WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land
located in the City and legally described in attached Exhibit "A'; and
WHEREAS, the Subdivider, as a condition of approval of the final plat of
Wilde 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 this agreement upon building sites lying between the most recent proposed site
and existing improvements.
5. In the event the Subdivider or any subsequent owner of the land fails to complete the
Required Public Improvements or to make such deposit within the required time, no
additional building permits shall be issued to the Subdivider or the subsequent owner
or to any other person to build or construct any building or structure in the
Subdivision until such default is remedied. In addition, the City may treat the amount
of such deposit as a debt due the City from the Subdivider or subsequent owner,
which debt shall be a lien upon all the land in the Subdivision and notice of lien may
be filed for record in the office of the County Clerk and Recorder at any time after
such default. Action upon such debt may be instituted by the City within six (6)
years from the date of filing such lien for record. All remedies provided for in this
agreement are cumulative and the use of one shall not prohibit the use of another.
6. Upon paying such deposit, the City Director of Public Works shall release the
proposed building site from the terms of the Agreement except the terms of Paragraph
7 below.
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Chris C. Munoz Pueb loCtyClk &Roc _ _ _ _
7. As a condition of approval of this Subdivision, and to meet the requirements of
Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees
that no certificate of occupancy shall be issued by the Pueblo Regional Building
Department until the Required Public Improvements, or those improvements
necessary as determined by the City Director of Public Works, to totally serve
specific lot(s) or block(s) for which certificates of occupancy are sought, have been
properly designed, engineered, constructed and accepted as meeting the specifications
and standards of the City.
The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and
the restriction on the issuance of building permits contained in Paragraph 5 shall run
with the land and shall extend to and be binding upon the heirs, legal representatives,
successors, and assigns of the Subdivider and may be specifically enforced by the
City.
8. Acceptance of this Subdivision by the City does not constitute an acceptance of the
roads, parks and other public improvements for maintenance by the City. Until such
roads, parks, and other public improvements have been installed and meet the
requirements, standards, and specifications of the City, its Subdivision ordinances
and any applicable Parks Department specifications, and such are specifically
approved and accepted in writing by the City Director of Public Works, and, if
appropriate, the City Director of Parks and Recreation, the maintenance, construction,
and all other matters pertaining to or affecting said roads, parks and other public
improvements and rights -of -way are the sole responsibility of the Subdivider or any
subsequent owner(s) of the land within the Subdivision.
9. The required time to complete all Required Public Improvements by Subdivider
within such block shall be one (1) year from the date of application for the first
building permit issued within such block. Upon completion and written approval and
acceptance of the Required Public Improvements within the required time and the
payment of all inspection costs by Subdivider, the Director of Public Works shall
cause all obligations of the Subdivider relating to the Required Public Improvements
within such block to be released. If such Required Public Improvements are not
completed within the required time, the City Director of Public Works may cause the
proceeds of all deposits or other collateral or monies in escrow to be used to compete
the same. If insufficient monies are available at the end of the required time to
complete all Required Public Improvements for the entire length of such block, the
Director of Public Works shall cause all collateral or monies in escrow to be reduced
to cash and shall deposit the same with the Director of Finance. Such cash shall be
used to complete that portion of the Required Public Improvements as the Director of
Public Works, in the Director's sole discretion, shall determine. Until all the
Required Public Improvements are completed and approved by the Director of Public
Works, Subdivider and the subdivided land shall remain liable and responsible for all
Required Public Improvements.
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10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or
abutting upon the street which the proposed building or structure shall front, to the
rear property line of such lots, or the center line of the alley, if there is an alley,
enclosed at either end by a street which intersects both tiers of lots and shall include
the full width of all streets upon which such lots abut.
11. If the Required Public Improvements are for a commercial subdivision and include
stormwater drainage facilities, stormwater detention facilities, or maintenance and
restoration of adjacent drainage channels, and /or associated improvements and
revegetation (the "facilities "), located either within or outside of the Subdivision,
Subdivider shall install the facilities in accordance with plans and specifications
therefore approved by, and on file with the City, and thereafter, the facilities shall be
repaired, replaced and maintained in good working order and condition by the owners
of the land within the Subdivision. The City is granted the right (but not the
obligation) to inspect, control, repair, replace and maintain the facilities and to
recover all costs and expenses therefore including an administrative charge of 15%
from the owners of the land within the Subdivision. All such City's costs and
administrative charges shall become a perpetual lien on all the land within the
Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a
statement of lien setting forth the City's costs and describing the land signed by the
City's Director of Public Works. Failure of the City to inspect, control, repair,
maintain, or replace the facilities shall not subject the City to any liability for such
failure.
12. Subdivider agrees to provide the City with a current title insurance commitment at the
time of final platting evidencing that fee simple title of all lands in the Subdivision is
totally vested with the Subdivider free and clear of all liens and encumbrances. If
such land is not free and clear, the holder of such indebtedness or encumbrance shall
subordinate its interest or encumbrance to this Agreement and all its terms,
conditions, and restrictions.
13. The City or the purchaser of any lot(s) within this Subdivision shall have the
authority to bring an action in any Court of competent jurisdiction to compel the
enforcement of this Agreement or any amendment hereto. Such authority shall
include the right to compel rescission of any sale, conveyance, or transfer of any
lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this
Agreement. In the event of any litigation arising out of this Agreement, the Court
shall award the prevailing party its costs and expenses, including reasonable expert
witness and attorney's fees. Venue for any such litigation shall be Pueblo County,
Colorado.
14. City and Subdivider have attempted by the attached Exhibit `B" and Plans and
Documents to describe all Required Public Improvements to be constructed and
installed by Subdivider with respect to the Subdivision. However, if the attached
Exhibit `B" and Plans and Documents fail to described or to include, for any reason,
any Required Public Improvement described and set forth in Chapter 4, Title XII of
the Pueblo Municipal Code and the standards and specifications approved by City
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Council ( "Omitted Public Improvement "), Subdivider shall not be released or
discharged from Subdivider's obligation to construct and install the Omitted Public
Improvement in the time and manner contained in this Agreement and Chapter 4,
Title XII of the Pueblo Municipal Code.
In order to determine whether or not there are Omitted Public Improvements, the
following shall be applicable:
(a) If the Required Public Improvements are constructed and installed within five (5)
years from the date hereof, Chapter 4, Title XII of the Pueblo Municipal Code and
the standards and specifications approved by the City Council and interpreted as
of the date hereof shall control.
(b) If the Required Public Improvements are constructed and installed after five (5)
yeas from the date hereof, Chapter 4, Title XII of the Pueblo Municipal Code and
the standards and specifications approved by the City Council and interpreted as
of the date the Required Public Improvements are constructed and installed shall
control.
(c) If Chapter 4 of Title XII and /or the standards and specifications approved by the
City Council are modified or amended to conform with the requirements of
federal or state law, rules or regulations prior to the construction and installation
of the Required Public Improvements, they shall control as so modified and
amended.
15. Except for Omitted Public Improvements, latent defects in construction, design or
work, and guarantee required by Section 12- 4- 70)(9)(a) of the Pueblo Municipal
Code, nothing in this Agreement shall be construed to extend any obligation of the
Subdivider beyond the date of written approval and acceptance by the Director of
Public Works of the Required Public Improvements described in attached Exhibit
«
16. All Required Public Improvements shall be constructed and installed in compliance
with all applicable standards and specifications approved by City Council.
17. The parties agree this Agreement may be periodically amended by mutual consent
provided such amendment is in writing and signed by all parties.
18. This Agreement shall extend to and be binding upon the successors and assigns of the
City and upon the heirs, successors, assigns and legal representatives of Subdivider,
and shall be recorded in the office of the County Clerk and Recorder of Pueblo
County, Colorado, and shall constitute an agreement running with the land until
released as described above.
The parties have caused this Agreement to be executed and attested by its duly authorized
and acting officer.
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Subdivider Wilde Investing, LLC, a Colorado Limited
By: Liability Company
The foregoing instrument was acknowledged before me
"2Mj by Greg Hahn. Manager Wilde Imvest
Loon
Limited Liability Company
My commission
er
N, .
Subdivider.
Notary Public
- �Na-
city
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
CITY PUEBLQ, a M ici
By:
President o ity Council
The foregoing instrument was acknowledged before me this 13th day of
May , 2005 by Robert D. Schilling, Jr. ,as
President of City Council, and Gina Dutcher as City Clerk of the City of
Pueblo, Colorado.
Witness my hand and official seal.
commission expires: R -21 -2007
O'•
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[
SE • Notary Public
S G•
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City
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SUBDMSION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
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SUBDMSION NAME: WILDE SUB
DEVELOPER: WILDE INVESTING, LLC
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
ON_ SIT
48" Manholes (On -Site)
1 EA
@
$2,273.00 /EA =
$2,273
8" PVC Sewer Main
170 LF
@
$31.00 /LF =
$5,270
Services - Length Special
3 EA
@
$200.00 /EA =
$600
4" Service to Lot 3 with 3 Cleanouts
1 EA
@
$1,200.00 /EA =
$1,200
OFFSITE
Bury Overhead Line at Lake Ave.
100 LF
@
$150.00 /LF =
$15,000
Maint. of Traffic Lake Ave / Pueblo Blvd.
1 LS
@
$10,000.00 /EA =
$10,000
Channel Imps Downstream to Palmer
580 LF
@
$5.00 /LF =
$2,900
DETENTION POND #1
Outlet Structure
1 EA
@
$3,600.00 /EA =
$3,600
Planting & Vegetation
0.45 AC.
@
$12,396.00 /AC
$5,578
Grading
1200 CY
@
$2.00 /CY =
$2,400
DETENTION P OND #
CIP Retaining Walls
24 CY @
$600.00 /CY =
$14,400
Outlet Structure
1 EA @
$3,100.00 /EA =
$3,100
Planting & Vegetation
0.14 AC. @
$12,396.00 /AC
$1,735
Grading
500 CY @
$2.00 /CY =
$1,000
MISC. IMPROVEMENTS - SUBTOTAL $69,057
TOTAL : $337,049
This is an estimate only. Actual construction costs may vary.
PREPARED BY:
FIRM:
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M. KAHNKE
NORTHSTAR ENGINEERING AND SURVEYING, INC.
The undersigned hereby certifies that (i) 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 XII of the Pueblo Municipal Code as
amended and the current standards and specifications as approved by City Council, (ii)
the quantities of construction elements shown hereon accurately depicts the quantities
necessary to construct the Required Public Improvements and (iii) the unit prices shown
` Ro mnia o the most current prices provided by the City of Pueblo.
` PO Q� A
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REVIEWED BY:
of
Reception 1620183
05/16/2005
EA : SEMEN7`A1SD1UG - HT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS $ASEIUIT, granted this day of MA Z4Cr , by
Wild Col orst
ado a (`nl nradn T imi L imi ted Grantor, to Pueblo, a Municipal 'orporation, Grantee:
>
Liability Company
WITNESSETH:
THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and
valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor
hereby grants to Grantee, its successors and assigns, an easement and right of way for the
purpose of Drainage , in, through, over, under and across Grantor's
property situated in Pueblo County, Colorado described in the attached Exhibit "A" (the
Property).
Grantor shall install
detention facilities
in the Property in accordance with plans and specifications therefore approved by, and on file
with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and
condition, and repair and replace the Facilities.
Grantee shall have the right at its option (but not the obligation) to inspect, control,
maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an
administrative charge of 15% from the Grantor. For such purposes, Grantee is granted the right
to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect,
control, maintain, repair or replace the Facilities shall not subject the Grantee to any liability for
such failure.
. Grantor reserves the right to use and occupy the Property for any purpose not inconsistent
with the privilege above granted and which will not interfere with or endanger any equipment or
facilities therein or use thereof. Such reservation by the Grantor shall in no event include the
right to locate or erect or cause to be located or erected on the Property any building or any other
structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and
to the Property and full power to grant this easement and right -of -way, and (b) will defend
Grantee's quiet and peaceful possession of the Property and easement and right -of -way against
all persons who may lawfully claim title to the Property.
M
DPW 110
12/03/98
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Pa ge: 620183
Chris C. Munoz PuebloCtrClk &Rec EASE R 21.00 D 0.00
"Grantee" shall include the plural and the feminine. s Easement and Rlgk of Way
shall be binding upon, and shall inure to the benefit of the heirs, personal representatives,
successors and assigns of the Grantor and Grantee.
SIGNED this day of kA f�
GRANTOR: Wilde Investing, LLC
Color o Limited Liability Company
By:
G n Member
COUNTY OF PUEBLO )
ss.
STATE OF COLORADO.)
n The foregoing instrument was acknowledged before me this (P day of
nl� �pD� g
by Greg Hahn, Member, Wild Investing,
LLC, a Colorado Limited Liability Company
Witness my hand and official seal.
Commission Expires: 101 % IOZ
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EXHIBIT A
DRAINAGE EASEMENT
A portion of Block 13 in Sunny Side as filed for record on June 4, 1902 in the County of
Pueblo and the State of Colorado, said parcel in the process of being replatted into
Wilde Subdivision, and being more particularly described as follows:
Considering the North line of Block 13 in Sunny Side according to the recorded plat
thereof as filed for record on June 4, 1902 in the Pueblo County records to bear N
89 0 29'11" E., and all bearings contained herein being relative thereto.
Beginning at the Northwest corner of Block 13 in said Sunny Side; thence N. 89 0 29'11"
E., along the North line of said Block 13 a distance of 145.46 feet; thence S. 00 0 30'49"
E., a distance of 132.00 feet; thence S. 89 0 29'11" W., and parallel to the North line of
said Block 13, a distance of 145.46 feet to a point on the West line of Block 13; thence
N. 00 0 30'49" W., along the West line of said Block 13, a distance of 132.00 feet to the
Point of Beginning.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 th Street
Pueblo, Colorado 81003
March 28, 2005
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Reception 1620184
05/16/2005
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this b l day of Bi , � ° � , by
Wilde Investin LLC Grantor
a ('nl nracin - T.imi�ed , , to Pueblo, a Muni cipat Corporation, Grantee:
Liability Company
WITNESSETH:
THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and
valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor
hereby grants to Grantee, its successors and assigns, an easement and right of way for the
purpose of drainage ' in, through, over, under and across Grantor's
property situated in Pueblo County, Colorado described in the attached Exhibit "A" (the
Property).
Grantor shall install
detention facilities
in the Property in accordance with plans and specifications therefore approved by, and on file
with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and
condition, and repair and replace the Facilities.
Grantee shall have the right at its option (but not the obligation) to inspect, control,
maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an
administrative charge of 15% from the Grantor. For such purposes, Grantee is granted the right
to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect,
control, maintain, repair or replace the Facilities shall not subject the Grantee to any liability for
such failure.
. Grantor reserves the right to use and occupy the Property for any purpose not inconsistent
with the privilege above granted and which will not interfere with or endanger any equipment or
facilities therein or use thereof. Such reservation by the.Grantor shall in no event include the
right to locate or erect or cause to be located or erected on the Property any building or any other
structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and
to the Property and full power to grant this easement and right -of -way, and (b) will defend
Grantee's quiet and peaceful possession of the Property and easement and right -of -way against
all persons who may lawfully claim title to the Property.
DPW 110
12/03/98
"Grantee" shall include the plural and the feminine. This Easement and Right of Way
shall be. binding upon, and shall inure to the benefit of the heirs, personal representatives,
successors and assigns of the Grantor and Grantee.
SIGNED this _ 06 day of
GRANTOR: Wilde Investing, LLC
a Co o ado Limited Liability Company
By:
reg H hn, Member
COUNTY OF PUEBLO )
ss.
STATE OF COLORADO.)
The foregoing instrument was acknowledged before me this Co day of
m o;2OOS by Greg Hahn, Member, Wilde Investing
LLC, a Colorado Limited Liability Company
Witness my hand and official seal.
My Commission Expires: d 1 -1101
1 VIUY C. �� • �.IrM15� }�
Notary Public
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EXHIBIT A
DRAINAGE EASEMENT
A portion of Block 13 in Sunny Side as filed for record on June 4, 1902 in the County of
Pueblo and the State of Colorado, said parcel in the process of being replatted into
Wilde Subdivision, and being more particularly described as follows:
Considering the North line of Block 13 in Sunny Side according to the recorded plat
thereof as filed for record on June 4, 1902 in the Pueblo County records to bear N
89 0 29'11" E., and all bearings contained herein being relative thereto.
Beginning at the Northeast corner of Block 13 in said Sunny Side; thence S. 00 0 30'49"
E., along the East line of said Block 13, a distance of 110.00 feet; thence S. 89 0 29'11"
W., a distance of 45.38 feet; thence N. 50 0 30'49" W., a distance of 127.24 feet; thence
N. 00 0 30'49" W., a distance of 28.21 feet to a point on the North line of said Block 13;
thence N. 89 0 29'11" E., along the North line of said Block 13, a distance of 142.86 feet
to the Point of Beginning.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5"' Street
Pueblo, Colorado 81003
March 28, 2005
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Reception 1620185
05/16/2005
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 0 G day of may , ZA 0 by
Wilde Investing, LLC, a , Grantor, to PUEBLO, a Municipal Corporation, Grantee:
Colorado Limited Liability Company
WITNESSETH:
THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable
consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to
Grantee, its successors and assigns, an easement and right of way for the purpose of Public Utiliti
ingress /egress in, through, over, under and across Grantor's property situated in Pueblo County,
Colorado, commonly known as Wilde Subdivision and described as follows: (the
"Property")
See attached Exhibit "A and B"
TOGETHER WITH the right to enter upon the Property for the purposes of construction,
replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of
Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose
not inconsistent with the right and privilege above granted and which will not interfere with or endanger
any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in
no event include the right to locate or erect or cause to be located or erected on the Property any building
or any other structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the
Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and
peaceful possession of the Property and easement and right -of -way against all persons who may lawfully
claim title to the property.
"Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be
binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns
of the Grantor and Grantee.
SIGNED this Q L day of M
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
GRANTOR Wilde Investing, LLC,
a Colora Limi ed Liability Company
By:
eg Ha Member
The foregoing instrument was acknowledged before me this CP day of
by Greg Hahn, Member, Wilde Inves
LLC, a Colorado Limited Liability Company
Witness my hand and official seal.
G � ommission expires: l0 l7
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(SEAL) ?
Notary Public
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IIIIII IIIII IIIIII VIII IIII IIIIIII IIIII III IIIII IIII IIII 56200 04 15P
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EXHIBIT A
PUBLIC UTILITIES AND INGRESS /EGRESS EASEMENT
A portion of Block 13 in Sunny Side as filed for record on June 4, 1902 in the County of
Pueblo and the State of Colorado, said parcel in the process of being replatted into
Wilde Subdivision, and being more particularly described as follows:
Considering the North line of Block 13 in Sunny Side according to the recorded plat
thereof as filed for record on June 4, 1902 in the Pueblo County records to bear N
89 0 29'11" E., and all bearings contained herein being relative thereto.
Commencing at the Southwest corner of Block 13 in said Sunny Side; thence N.
00 1 30'49" W., along the West line of said Block 13 a distance of 107.00 feet to the
Point of Beginning; thence N. 00 0 30'49" W., continuing along the West line of said
Block 13, a distance of 25.00 feet; thence N. 89 1 29'11" E., a distance of 145.46 feet;
thence N. 62 °55'17" E., a distance of 27.95 feet; thence N. 89 0 29'11" E., a distance of
3.67 feet; thence S. 00 0 30'49" W., a distance of 25.00 feet; thence S. 62 0 55'17" W., a
distance of 27.95 feet; thence S. 89 0 29'11" W., a distance of 149.13 feet to a point on
the West line of said Block 13 and the Point of Beginning.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 Street
Pueblo, Colorado 81003
March 28, 2005
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