HomeMy WebLinkAbout07329Reception 1630544
07/25/2005
ORDINANCE NO. 7329
AN ORDINANCE APPROVING THE PLAT
OF WESTGATE ON THE BOULEVARD, FILING NO. 4
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Westgate on the Boulevard Subdivision, Filing No. 4, being a
subdivision of land legally described as:
Considering the North line of the NW '/< of Section 27, Township 20 South, Range 65
West of the 6 th P.M. to bear N. 88 °12'52" E. and all bearings contained herein being
relative thereto. All of Blocks 3,4, and 5 as platted in Westgate on the Boulevard, Filing
No. 1 according to the recorded plat thereof, as filed for record at Reception No.
1538298. Containing 3.605 acres,
is hereby approved, and all dedicated streets, utility and drainage easements, rights -of-
way and land set aside for public sites, parks and open spaces shown and dedicated on
said plat are hereby accepted for public use.
SECTION 2.
The acceptance of such dedicated streets, rights -of -way, utility and drainage
easements, public sites, parks and open spaces by the City does not obligate the City to
maintain or repair same until such streets, rights -of -way, utility and drainage easements,
public sites, parks and open spaces have been constructed and installed in compliance
and in accordance with the requirements and provisions of Chapter 4, Title XII of the
Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto.
SECTION 3.
Neither the adoption of this ordinance nor the requirements imposed hereby shall
create any duty or obligation of any person, firm, corporation or other entity with regard
to the enforcement or nonenforcement of this ordinance or the City's Subdivision
Ordinances and regulations. No person, firm, corporation or other entity shall have any
private right of action, claim or demand against the City or its officers, employees or
agents, for any injury, damage or liability arising out of or in any way connected with the
adoption, enforcement, or nonenforcement of this ordinance or the Subdivision
Ordinance and Regulations of the City, or the engineering, surveying, drainage
improvement or other work or improvements required thereby. Nothing in this
ordinance or in the City's subdivision ordinances and regulations shall create or be
construed to create any claim, demand or liability against the City or its officers,
employees or agents, or to waive any of the immunities, limitations on liability, or other
provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq.
Colorado Revised Statutes, or to waive any immunities or limitations on liability
otherwise available to the City or its 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 Pueblo Municipal Code meeting and complying with the
subdivision requirements of the City with such modifications, if any, approved by City
Council, have been filed with and approved by the Director of Public Works, and (b) the
final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder.
If any such filings and approvals have been deferred pursuant to Section 12-4 -5 (B) (2)
of the Pueblo Municipal Code, and are not for any reason filed and approved within one
(1) year after final passage of this Ordinance, or within any extended period granted by
Resolution of the City Council, this ordinance shall automatically be rescinded and
repealed thirty (30) days after written notice of such rescission and repeal is given to the
Subdivider. No vested rights shall accrue to the subdivision or be acquired until this
Ordinance becomes effective.
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b)3Y:
INTRODUCED: June 13, 2005
BY: Michael Occhiato
COUNCILPERSON
APPROVED:
PRES E F CIT UNCIL
Cly CLERK
PASSED AND APPROVED: ,liana 27, 20nS
DATE: JUNE 13, 2005
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP
TITLE
AN ORDINANCE APPROVING THE PLAT OF WESTGATE ON THE
BOULEVARD SUBDIVISION, FILING NO. 4
ISSUE
Shall City Council approve a request to subdivide this property for the purpose of
residential development?
RECOMMENDATION
The Planning Commission, at their May 11, 2005 regular meeting, voted 6 -0 to
recommend approval.
BACKGROUND
Westgate on the Boulevard Subdivision, Filing No. 4 is generally located on the
west side of Pueblo north of Candice Lane between Pueblo Boulevard and Perry
Avenue. With this request the applicant intends to replat the southern 25
residential lots in Filing No. 1 into 21 residential lots.
Public Works staff confirmed that the applicant has complied with all items listed
in the Subdivision Review Committee memo dated May 25, 2005.
FINANCIAL IMPACT
None.
Reception 1630546
07/25/2005
RATIFICATION OF PLAT
FOR VALUE RECEIVED, the undersigned being the owner of indebtedness
secured by a deed of trust recorded A „g„ Qr 10 2004 in Book
at Page - Reception Number 1579669 , does hereby ratify
and consent to the subdivision of the land platted as
Westgate on the Boulevard,
Filing No 4 shown on the Subdivision Plat recorded by
Reception Number I l0 3 o S rj 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 o3d- day of _ M D01
1
Sterns Bank National Association
Company Name
By:
Title: Senior Vice President
STATE - OF WyNnc50A
C0UNTY'(5 ... ,rm;. �.
The foregoing instrument was acknowledged before me this 23rd•. day of
QV ZOTD by D21)r\I.S 1` nSc a as
�eni�r U ifP.�rPSir�en -F ofQ nK I(�
My Commission Expires: - 3
MW. M. SA Public
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Reception 1630547
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SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on M ot.N lip 2 QO 5 , between the
CITY OF PUEBLO, a Municipal Corpora ' n ( "City"), and
The Nicholas Group, a Wyoming Corporation
( "Subdivider").
RECITALS
WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land
located in the City and legally described in attached Exhibit "A "; and
WHEREAS, the Subdivider, as a condition of approval of the final plat of
Westgate on the'Boulevard, Filing No. 4
( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by
Chapter 4, Title XII of the Pueblo Municipal Code; and
WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code
to construct and install public improvements described and set forth in Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by City Council
( "Required Public Improvements "); and
WHEREAS, the Required Public Improvements are generally described in the attached
Exhibit `B" and shown on approved construction plans and documents on file in the office of the
City's Director of Public Works ( "Plans and Documents ").
WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is
obligated to provide security or collateral sufficient in the judgement of the Director of Public
Works to make reasonable provisions to construct and complete the Required Public
Improvements.
NOW, THEREFORE, in consideration of the foregoing and the following mutual
covenants and agreements, the City and Subdivider agree as follows:
Subdivider agrees within one hundred and eighty (180) days after applying for a
building permit to construct any building or structure on any building site within the
Subdivision, or upon the issuance of a certificate of occupancy for any such building
or structure, whichever occurs first, to construct and install at its sole cost all of the
Required Public Improvements.
2. In lieu of installing the Required Public Improvements within the time period
prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any
portion thereof shall deposit cash or other collateral with the City Director of Finance,
or with any bank or trust company licensed in the State of Colorado, subject to an
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escrow agreement approved by the City Attorney. The holder of such cash or
collateral shall pay all or any portion thereof to the City upon demand after the time
to complete all Required Public Improvements by Subdivider or subsequent owner
expires. Such deposit or escrow agreement shall be referred to as the "deposit".
3. The amount of the deposit shall be computed by the City's Director of Public Works
by estimating the total cost of all uncompleted Required Public Improvements within
the block at the time application for building permit is made. The amount of the
deposit required by this alternative shall not be less than 25% of such estimate plus
the cost of extending all required sewer and water lines from nearest existing sewer
and water lines to the proposed building site for which a building permit is sought,
plus the costs of extending curb, gutter, sidewalk and paving from the edge of the
Subdivision or existing improvements of a like nature, whichever is closer to the
proposed building site. In any case where the block, as later defined, exceeds one
thousand (1000') feet in length between intersecting streets, the estimate of the City
Director of Public Works under this paragraph may be reduced to the total costs of all
uncompleted Required Public Improvements in at least one half (1/2) of such block,
and the required deposit shall be based upon such decreased estimate. The
Subdivider, however, shall provide a turnaround of at least sixty (60') feet in
diameter at the mid -block point and barricade such street so that no through traffic
shall be permitted beyond the point to which the estimate of Director of Public Works
is based.
4. Within one hundred eighty (180) days after subsequent application for a building
permit to construct any building or structure upon any building site within the block,
or upon the issuance of a certificate of occupancy for any such building or structure,
whichever occurs first, Subdivider shall also deposit an amount not less than the
estimate of the Director of Public Works for all Required Public Improvements from
existing improvements to the proposed building site, less any previous deposits made
under this agreement upon building sites lying between the most recent proposed site
and existing improvements.
5. In the event the Subdivider or any subsequent owner of the land fails to complete the
Required Public Improvements or to make such deposit within the required time, no
additional building permits shall be issued to the Subdivider or the subsequent owner
or to any other person to build or construct any building or structure in the
Subdivision until such default is remedied. In addition, the City may treat the amount
of such deposit as a debt due the City from the Subdivider or subsequent owner,
which debt shall be a lien upon all the land in the Subdivision and notice of lien may
be filed for record in the office of the County Clerk and Recorder at any time after
such default. Action upon such debt may be instituted by the City within six (6)
years from the date of filing such lien for record. All remedies provided for in this
agreement are cumulative and the use of one shall not prohibit the use of another.
6. Upon paying such deposit, the City Director of Public Works shall release the
proposed building site from the terms of the Agreement except the terms of Paragraph
7 below.
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7. As a condition of approval of this Subdivision, and to meet the requirements of
Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees
that no certificate of occupancy shall be issued by the Pueblo Regional Building
Department until the Required Public Improvements, or those improvements
necessary as determined by the City Director of Public Works, to totally serve
specific lot(s) or block(s) for which certificates of occupancy are sought, have been
properly designed, engineered, constructed and accepted as meeting the specifications
and standards of the City.
The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and
the restriction on the issuance of building permits contained in Paragraph 5 shall run
with the land and shall extend to and be binding upon the heirs, legal representatives,
successors, and assigns of the Subdivider and may be specifically enforced by the
City.
8. Acceptance of this Subdivision by the City does not constitute an acceptance of the
roads, parks and other public improvements for maintenance by the City. Until such
roads, parks, and other public improvements have been installed and meet the
requirements, standards, and specifications of the City, its Subdivision ordinances
and any applicable Parks Department specifications, and such are specifically
approved and accepted in writing by the City Director of Public Works, and, if
appropriate, the City Director of Parks and Recreation, the maintenance, construction,
and all other matters pertaining to or affecting said roads, parks and other public
improvements and rights -of -way are the sole responsibility of the Subdivider or any
subsequent owner(s) of the land within the Subdivision.
9. The required time to complete all Required Public Improvements by Subdivider
within such block shall be one (1) year from the date of application for the first
building permit issued within such block. Upon completion and written approval and
acceptance of the Required Public Improvements within the required time and the
payment of all inspection costs by Subdivider, the Director of Public Works shall
cause all obligations of the Subdivider relating to the Required Public Improvements
within such block to be released. If such Required Public Improvements are not
completed within the required time, the City Director of Public Works may cause the
proceeds of all deposits or other collateral or monies in escrow to be used to compete
the same. If insufficient monies are available at the end of the required time to
complete all Required Public Improvements for the entire length of such block, the
Director of Public Works shall cause all collateral or monies in escrow to be reduced
to cash and shall deposit the same with the Director of Finance. Such cash shall be
used to complete that portion of the Required Public Improvements as the Director of
Public Works, in the Director's sole discretion, shall determine. Until all the
Required Public Improvements are completed and approved by the Director of Public
Works, Subdivider and the subdivided land shall remain liable and responsible for all
Required Public Improvements.
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10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or
abutting upon the street which the proposed building or structure shall front, to the
rear property line of such lots, or the center line of the alley, if there is an alley,
enclosed at either end by a street which intersects both tiers of lots and shall include
the full width of all streets upon which such lots abut.
11. If the Required Public Improvements are for a commercial subdivision and include
stormwater drainage facilities, stormwater detention facilities, or maintenance and
restoration of adjacent drainage channels, and/or associated improvements and
revegetation (the "facilities "), located either within or outside of the Subdivision,
Subdivider shall install the facilities in accordance with plans and specifications
therefore approved by, and on file with the City, and thereafter, the facilities shall be
repaired, replaced and maintained in good working order and condition by the owners
of the land within the Subdivision. The City is granted the right (but not the
obligation) to inspect, control, repair, replace and maintain the facilities and to
recover all costs and expenses 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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(SEAL)
State of California )
) ss.
County of Son c 4\
On M" t V , 1 %
- )-00� 7_ before me,
Cv[YU&JQ
tA96 KiM , Notary Public,
personally appeared
Me L i N PA Go Ld C-N
, personally known to me to be
the person whose name is subscribed to the within instrument and acknowledged to me
that he sh executed the same in his authorized capacity, and that by his/
signature on the instrument the person, or entity upon behalf which the person acted,
executed t
Comm. # 1377205 Ow
s ° NOTARY PUBLIC - CALIFORNIA WITNESS m d and official seal.
Banta Clara Lun4
„„ MV t,omm. Eapiies Sept•?8, ?000
ATTEST: � Notary Public
Subdivider: The Nicholas Group, a Wyoming Corporation
By: "
Melinda Got, esident
CITY PU L0, a is al g r tion
resident of C ty Council
STATE OF
1414101elwKsM
a4
The foregoing a
of 1 by 1
President ot City Council, and i ✓1
Colorado.
0100 yO
r)�78ij�4!24q fitness my hand and official seal.
this 21 S+ day
as City Clerk'of the City of
commission expires: g 21 -2tt�`
6r V.L0 6 Notary Public
APPROVED AS TO FORM:
IIIIIIIIIIIIIIIIII Jill IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 630547
Chris C. Munoz Puwb &Rso SUED RGR 41.00 DZ0.00 9.40p
City AttO - - - - -
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Reception 1630548
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ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(PER LOT FEE)
This Addendum shall be incorporated in and become a part of the hn a y I k ,
(da
20 0 S Subdivision Improvements Agreement for the Westgate on the Boulevard, Filing N o.4
(name of subdivision)
(herein the "Subdivision") and enforceable as provided in said Subdivision Improvements Agreement.
1. As a condition precedent to the issuance of each building permit to build or construct
any building or structure within the Subdivision, the sum of $ 113.00 shall be deposited (the
"Deposit ") with the Director of Finance for the future completion of
18th Street and Lambert Avenue
coati 14
2. The Deposit shall be held in an interest - bearing account identified as the 18th /Lamb
Traffic signal ( "Account "). The Deposit and interest thereon shall be expended
solely for the completion of the Improvement within twelve (12) years of the date of the Deposit on a
first in, first out basis, that is, the first Deposit in the Account paid shall be considered the first Deposit
expended. Deposits not so expended shall be refunded upon application to the record owner of the
property for which the Deposit was made. Applications for refund shall be made in writing to the
Director of Finance within six (6) months after the expiration of the twelve -year period following date
of payment. Application shall be accompanied by a copy of the dated receipt issued for payment of the
Deposit or other documents satisfactory to the Director of Finance that the fee was paid and date of
payment, together with a copy of the deed to such property showing the applicant to be the current
record owner of the property.
3. The covenants of this Addendum shall run with the land within the Subdivision and shall
extend to, be binding upon, and inure to the benefit of the City of Pueblo and Subdivider and their
respective heirs, personal representatives, successors, and assigns. This Addendum may be specifically
enforced against the Subdivider and subsequent owners of lots within the Subdivision.
52rafioa Ca l�f or nl * el
Executed at P. ...', iexade as of _
Traffic Signal at
("Improvement").
ZOOS
The Nicholas Group, a Wyoming Corpora
�nn Subdivider
By -
Title: Preside
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STATE OF CALIFORNIA ) I IIIIII VIII IIIIII IIIIII IIII IIIIII VIII III VIII IIII IIII Pa ge: 63054840A
SS. Chris C. Munoz PuebloCtyClk&Rec ADD AGRR 11.00 D 0.00
COUNTY OF Sank, C y
On M ON , �b � �O o�`
before me,
67 ( � U N C R 6�
j:Z t M , Notary
Public, personally appeared
M I L I N ()A
G 0 L D &N
, personally known to me to
be the person whose name is subscribed to the within instrument and acknowledged to
me that heto executed the same in hiso authorized capacity, and that by his
signature on the instrument the person, or entity upon behalf which the person acted,
executed the instrument.
GYUNu HEE KIM
N Comm. # 1377205 N
NOTARY PUBLIC CALIFORNIA
Santa Clara County
My Low Expires Sept. 28, 2006
WITNESS my hand and official seal.
CITY OF PUEBLO,
j Municipal Corporation