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HomeMy WebLinkAbout07462Reception 1722169 04/18/2007 ORDINANCE NO. 7462 AN ORDINANCE APPROVING THE PLAT OF SETTLERS VILLAGE SUBDIVISION, FILING NO. 6, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Settlers Village, Filing No. 6, Subdivision, being a subdivision of land legally described as: A parcel of land located in the NW '/4 of the NE '/4 and the SW '/4 of the NE '/4 and the NE '/4 of the NW '/4 and the SE '/4 of the NW '/4 of Section 22, 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 North line of Section 22, Township 21 South, Range 65 West of the 6 P.M. to bear N. 89 °40'00" E., and all bearings contained herein being relative thereto. Beginning at a point from which the NW corner of said Section 22 bears N. 56 °24'35" W., a distance of 2579.64 feet, said point also being the Southerly most point of Settlers Village, Filing No. 2 according to the recorded plat thereof as filed for record at Reception No. 1494729 in the Pueblo County records; and on the Westerly right -of -way line of Hollywood Drive as presently located in said Settler Village, Filing No. 2; thence Easterly along the Southerly boundary line of said Settlers Village, Filing No. 2, the following two (2) courses: 1. N. 69 0 59'24" E., a distance of 479.71 feet; 2. Easterly along the arc of a curve to the left whose radius is 540.00 feet, a distance of 198.67 feet; to a point on the Southerly boundary line of Settlers Village, Filing No. 3 according to the recorded plat thereof as filed for record at Reception No. 1572897 in the Pueblo County records; thence along the Southerly boundary line of said Settlers Village, Filing No. 3 the following six (6) courses: 1. S 41 0 05'20" E., a distance of 120.00 feet; 2. S. 85 0 14'04" E., a distance of 221.57 feet; 3. N. 83 0 18'29" E., a distance of 45.24 feet; 4. N. 70 0 00'48" E., a distance of 110.01 feet; 5. N. 69 0 20'26" E., a distance of 60.00 feet; 6. N. 52 0 10'29" E., a distance of 128.85 feet; thence S. 11 °56'32" E., a distance of 174.15 feet; thence N. 78 °03'28" E., a distance of 6.86 feet; thence S. 03 °09'25" E., a distance of 70.68 feet; thence S. 03 °31'42" W., a distance of 185.70 feet; thence S. 07 °30'32" W., a distance of 263.05 feet; thence S. 07 °03'15" E., a distance of 150.00 feet; thence S. 82 °56'45" W., a distance of 222.59 feet; thence Westerly along the arc of a curve to the left whose radius is 1960.00 feet; a distance of 145.30 feet; thence N. 11 °18'06" W., a distance of 80.00 feet; thence N. 20 °00'36" W., a distance of 373.52 feet; thence S. 69 °59'24" W., a distance of 640.00 feet; thence N. 20 °00'36" W., a distance of 400.00 feet to the Point of Beginning. Containing 14.69 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. 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 IIIIIIIIIIIIIIIIIIIIIII ,IIIIII VIII VIII III VIIIIIII IIII 04/16/2007 08 04P Gilbert Ortiz 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 (I) 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. INTRODUCED: April 10. 2006 4�( BY: Randy Thurston COUNCILPERSO 4 M ,, ,� `' #' APPROVED: Gt/� t �1 = VICE PRESI NTOP CITY COUNCIL AT£'fBY ITY CLERK PASSED AND APPROVED: April 24, 2006 IIIIII VIII IIIIIII IIII VIII VIII III VIII IIII 16. 00 04/16/2007 0�04F Gilbert Ortiz f ED Background Paper for Proposed ORDINANCE AGENDA ITEM # DATE: APRIL 10, 2006 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/JERRY M. PACHECO TITLE AN ORDINANCE APPROVING THE PLAT OF SETTLERS VILLAGE, FILING NO. 6, SUBDIVISION ISSUE Shall City Council approve a request to subdivide 14.69 acres into 48 lots, a drainage parcel, and associated rights -of -way, for the purpose of single - family residential development? RECOMMENDATION The Planning and Zoning Commission, at their March 8, 2006 regular meeting, voted 5 -0 to recommend approval, with the following noted: BACKGROUND Settlers Village Subdivision, Filing No. 6, is generally located east of Hollywood Drive and south of Farabaugh Lane. On March 10, 2004, the Planning and Zoning Commission approved an amendment updating the 1997 South Point Master Development Plan. Within this section of the plan low to medium density single - family residential is permitted. This application proposes to plat 48 single - family residential lots, a drainage parcel and associated rights -of -way. Public Works staff confirmed that the applicant has complied with all items listed in the Subdivision Review Committee memo dated February 28, 2006. This application is concurrent with Z- 06 -06, which was also approved unanimously by the Planning and Zoning Commission. FINANCIAL IMPACT None. Reception 1722171 04/18/2007 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on / ✓ IpRcN Z- Zco between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and Horizon Communities. Inc., a Colorado 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 Settlers Village, Filing No. 6 ( "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 X11 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, DPW 101 01 /01 /06(Revised 01/11/06) VIII VIII IIIIIII IIII IIIIII VIII VIII III VIII IIII IIII 04/16/2007 04P Gilbert Ortiz Puebl OCtyClk &Rec SUBD RGR 01.00 D 0.00 or with any bank or trust company licensed in the State of Colorado, subject to an 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 ". 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. 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. DPW 101 01 /01/06(RevisedOl /11/06) IIIIIIIVIIIIIIIIIIIIIIIIIIIIVIIIVIIIIIIVIIIIIIIIIII00 72218:04P Gilbert Ortiz PuebloCtyClk&R*0 SUB AGR 81.0 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. 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 DPW 101 3 01 /01 /06(RevisedOl /11 /06) VIII IIIIIIIIIIIII IIIIII IIIIIIII IIIIIIIIIIIIIIII Page: 03 :04P Gilbert Ortiz PumbloCtyCIMee BUBD AGR 81.00 D 0.00 Works, Subdivider and the subdivided land shall remain liable and responsible for all Required Public Improvements. 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 DPW 101 4 01 /01 /06(Rev ised0 l / 11 /06) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 047221 ea:04P Gilbert Ortiz PueblOCtyCLMeo SUED RGR 83.00 D 0.00 installed by Subdivider with respect to the Subdivision. However, if the attached Exhibit `B" and Plans and Documents fail to describe 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 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 ten (10) years from the date hereof, or within a five year extension if granted in writing by the Director of Public Works, then 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, unless adherence to a more recent standard does not require significant engineering modifications or major revisions to the plans and documents. For the purposes of this subsection, a major revision is defined as, but not necessarily limited to the relocation or re- alignment of any curb and gutter, sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or type of sewer mains, inlets, curb and gutter or sidewalk. (b) If the Required Public Improvements are constructed and installed after ten (10) years from the date hereof, or after a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Coucil 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 Improvements, they shall control as so modified and amended. 15. Except for guarantee and obligation to correct defects required by Section 12-4 - 70)(9) 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 accepted by the Director of Public Works of the Required Public Improvements described in attached Exhibit `B ", provided, however that the obligation of the Developer to construct or install any Omitted Public Improvements will cease following two (2) years from the date of acceptance of the Required Public Improvements described in the attached Exhibit `B" by the Director of Public Works. DPW 101 5 01 /01 /06(RevisedOl /11/06) VIII IIIIII VIII (II IIIIII VIII IIII III 04/16 007 03:04P Gilbert Ortiz PuebloCtyClk6Rec SUED RGR 81.00 D 0.00 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. Horizon Communities, Inc., a Colorado Corporation Subdiv' er +' (SVAF)� By: Robert W. Leach, President l; By: " v w r4T£ OF r Tirb foregoing instrument was acknowledged before me on March 27, 0 111 "2007 , by Robert W. Leach, President of Horizon Communites Subdivider. Inc., a Colorado Corporation My commission expires- CITY OF PUEBLO, a Munic' a orporation o, By: Li •` M$4 P esiden of City Council City STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) U e foregoing instrument was acknowledged T bef ' o _ r + e me t is I ( 4 day of r I � by \TiX� la . �� as Preside t of City Council, and � j rA I t) {-c0 t) {' as City Clerk of the City of Pueblo, Colorado. DPW 101 6 01 /01 /06(RevisedOl /11/06) d and official seal. expires: 21 200 APPROVED AS TO FORM: City Art y Notary Public of III II IIII IIIIII IIII IIIIII VIII III III VIII III IIII 047 007 03:04P Gilbert Ortiz PuebloClyClkWec BUBD PGR 81.00 D 0.00 DPW 101 01 /0l /06(Revised0l / 11/06) VIII II II IIII IIII I IIII II I VIII VIII III IIII 172 of 16 4P Gilbert Ortiz PueblcCtyClk6Rec SUED RGR 83.00 D 0.00 EXHIBIT "A" LAND DESCRIPTION SETTLERS VILLAGE, FILING NO. 6 A parcel of land located in the NW 1 /4 of the NE 1 /4 and the SW 1 /4 of the NE 1 /4 and the NE 1 /4 of the NW 1 /4 and the SE 1 /4 of the NW 1 /4 of Section 22, 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 North line of Section 22, Township 21 South, Range 65 West of the 6 th P.M. to bear N. 89 0 40'00" E., and all bearings contained herein being relative thereto. Beginning at a point from which the NW corner of said Section 22 bears N. 56 W., a distance of 2579.64 feet, said point also being the Southerly most point of Settlers Village, Filing No. 2 according to the recorded plat thereof as filed for record at Reception No. 1494729 in the Pueblo County records; and on the Westerly right -of -way line of Hollywood Drive as presently located in said Settler Village, Filing No. 2; thence Easterly along the Southerly boundary line of said Settlers Village, Filing No. 2, the following two (2) courses: 1. N. 69 °5924" E., a distance of 479.71 feet; 2. Easterly along the arc of a curve to the left whose radius is 540.00 feet, a distance of 198.67 feet; to a point on the Southerly boundary line of Settlers Village, Filing No. 3 according to the recorded plat thereof as filed for record at Reception No. 1572897 in the Pueblo County records; thence along the Southerly boundary line of said Settlers Village, Filing No. 3 the following six (6) courses: 1. S 41 °05'20" E., a distance of 120.00 feet; 2. S. 85 °14'04" E., a distance of 221.57 feet; 3. N. 83 °18'29" E., a distance of 45.24 feet; 4. N. 70 0 00'48" E., a distance of 110.01 feet; 5. N. 69 0 20'26" E., a distance of 60.00 feet; 6. N. 52 0 10'29" E., a distance of 128.85 feet; thence S. 11 0 56'32" E., a distance of 174.15 feet; thence N. 78 0 03'28" E., a distance of 6.86 feet; thence S. 03 0 0925" E., a distance of 70.68 feet; thence S. 03 0 31'42" W., a distance of 185.70 feet; thence S. 07 0 30'32" W., a distance of 263.05 feet; thence S. 07 0 03'15" E., a distance of 150.00 feet; thence S. 82 0 56'45" W., a distance of 222.59 IIIIII VIII (IIIIII IIII IIIIII VIII VIII III VIII IIII IIII 04 2a 03:04P Gilbert Ortiz Pu*bl0CtyClk&Rm0 BUBD RGR 83.00 D 0.00 feet; thence Westerly along the arc of a curve to the left whose radius is 1960.00 feet; a distance of 145.30 feet; thence N. 11 0 18'06" W., a distance of 80.00 feet; thence N. 20 0 00'36" W., a distance of 373.52 feet; thence S. 69 0 5924" W., a distance of 640.00 feet; thence N. 20 0 0036" W., a distance of 400.00 feet to the Point of Beginning. Containing 14.69 acres, more or less Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 Street Pueblo, Colorado 81003 December 15, 2005 JN 96 105 30 IIIIIIIIIIIIIIIIIIIIIII VIII VIII IIIIIIIII IIIIIII004722 00 804P SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SETTLERS VILLAGE, FILING NO. 6 JN 9610530 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. TOTAL PROJECT: $715,657 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 (i) the Required Public Improvements shown hereon and on the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the Subdivisiortthapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council, (ii) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements and (iii) the unit prices shown hereon are the most current unit prices provided by the City of Pueblo. Professional Engineer Date ue REVIEWED BY: 1722171 11111 II 111111111 III I II Page: 10 of 16 04/16/2007 03:04F Gilbert Ortiz PuebloCtvClk&Rec SUBD AGR 81.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SETTLERS VILLAGE, FILING NO. 6 JN 9610530 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. NOLAN TRACE STREETS 5.5" Asphalt over 11" Base Course 1700 SY © $22.50 /SY = $38,250 Curb and Gutter 760 LF @ $10.50 /LF = $7,980 Handicap Ramp (5) 600 SF @ $3.00 /SF $1,800 Tactile bands 6 EA @ $310.00 /EA $1,860 WATER 8" PVC Water Main 380 LF @ $45.00 /LF = $17,100 Fire Hydrant Ass'y 1 EA © $3,000.00 /EA = $3,000 SANITARY SEWER: 8" PVC Sewer Main 240 LF @ $31.00 /LF = $7,440 48" Manholes 1 EA @ $2,273.00 /EA = $2,273 STREET LIGHT 1 EA @ $1,343.00 /EA = $1,343 SIGNAGE T-Intersection (60' R-O-W) 1 EA @ $207.00 /EA = $207 BARRICADES L=24' 1 EA @ $1,162.00 /EA = $1,162 SUBTOTAL $82,415 1722171 111111 Page: 11 of 16 04/16/2007 03:04F Gilbert Ortiz PuebloCtyClk&Rec SUBD PGR 81.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SETTLERS VILLAGE, FILING NO. 6 JN 9610530 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. HOLLYWOOD DRIVE STREETS 5.5" Asphalt over 11" Base Course 1800 SY @ $22.50 /SY = $40,500 Curb and Gutter 800 LF @ $10.50 /LF = $8,400 Handicap Ramp (5) 360 SF @ $3.00 /SF $1,080 Tactile bands 5 EA © $310.00 /EA $1,550 WATER 8" PVC Water Main 400 LF @ $45.00 /LF = $18,000 STREET LIGHT 1 EA @ $1,343.00 /EA = $1,343 SIGNAGE T-Intersection (60' R-O-W) 1 EA @ $207.00 /EA = $207 BARRICADES L=24' 1 EA @ $1,162.00 /EA = $1,162 SUBTOTAL $72,242 . 111111 II 111111111 1111 II 1722171 Page: 12 of 16 04/16/2007 03:04P Gilbert Ortiz PuebloCtyClk&Rec SUBD PGR 81.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SETTLERS VILLAGE, FILING NO. 6 )N 9610530 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. WAPITI LANE STREETS 4" Asphalt over 9" Base Course 3500 SY © $17.50 /SY = $61,250 Curb and Gutter 2100 LF @ $10.50 /LF = $22,050 Handicap Ramp (3) 360 SF © $3.00 /SF $1,080 Tactile bands 3 EA @ $310.00 /EA $930 WATER 8" PVC Water Main 1050 LF © $45.00 /LF = $47,250 Service 31 EA @ $500.00 /EA = $15,500 Fire Hydrant Ass'y 1 EA © $3,000.00 /EA = $3,000 SANITARY SEWER: 8" PVC Sewer Main 1050 LF @ $31.00 /LF = $32,550 Services 31 EA @ $1,033.00 /EA = $32,023 48" Manholes 4 EA @ $2,273.00 /EA = $9,092 STORM SEWER 30" RCP 37 L.F. @ $67.00 /LF = $2,479 24" RCP 22 L.F. @ $41.00 /LF = $902 18" RCP 5 L.F. @ $39.00 /LF = $195 Type I-B Manhole 1 EA © $2,324.00 /EA = $2,324 Type "S" Inlet L=10' 1 EA @ $3,825.00 /EA = $3,825 Type "W" Inlet L=10' 1 EA @ $3,825.00 /EA = $3,825 STREET LIGHT 4 EA © $1,343.00 /EA = $5,372 MONUMENT BOX 4 EA @ $594.00 /EA = $2,376 SIGNAGE T-Intersection (60' R-O-W) 1 EA @ $207.00 /EA = $207 SUBTOTAL $246,230 . III Ill II 11111 101 I I 1722171 Page: 13 of 16 04/16/2007 03:04P Gilbert Ortiz PuebloCtyClk&Rec SUBD AGR 81.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SETTLERS VILLAGE, FILING NO. 6 ]N 9610530 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. BOBTAIL LANE STREETS 4" Asphalt over 9" Base Course 2500 SY © $17.50 /SY = $43,750 Curb and Gutter 1500 LF @ $10.50 /LF = $15,750 Handicap Ramp (4) 480 SF @ $3.00 /SF $1,440 Tactile bands 4 EA © $310.00 /EA $1,240 WATER 8" PVC Water Main 750 LF @ $45.00 /LF = $33,750 Service 9 EA @ $500.00 /EA = $4,500 Fire Hydrant Ass'y 1 EA @ $3,000.00 /EA = $3,000 SANITARY SEWER: 8" PVC Sewer Main 750 LF @ $31.00 /LF = $23,250 Services 9 EA © $1,033.00 /EA = $9,297 48" Manholes 1 EA @ $2,273.00 /EA = $2,273 STORM SEWER 30" RCP 480 L.F. @ $67.00 /LF = $32,160 24" RCP 22 L.F. @ $41.00 /LF = $902 Type "S" Inlet L=10' 1 EA @ $3,825.00 /EA = $3,825 Type I-B Manhole 3 EA @ $2,324.00 /EA = $6,972 STREET LIGHT 3 EA @ $1,343.00 /EA = $4,029 MONUMENT BOX 7 EA @ $594.00 /EA = $4,158 SIGNAGE T-Intersection (60' R-O-W) 2 EA @ $207.00 /EA = $414 SUBTOTAL $190,710 1722171 11 VIII II II I II I I II 1111 II Page: 14 of 16 04/16/2007 03:04P Gilbert Ortiz PuebloCtyClk&Rec SUBD AGR 81.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SETTLERS VILLAGE, FILING NO. 6 JN 9610530 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PIKA LANE STREETS 4" Asphalt over 9" Base Course 400 SY @ $17.50 /SY = $7,000 Curb and Gutter 240 LF @ $10.50 /LF = $2,520 WATER 8" PVC Water Main 120 LF @ $45.00 /LF = $5,400 Service 2 EA @ $500.00 /EA = $1,000 Fire Hydrant Ass'y 1 EA © $3,000.00 /EA = $3,000 SANITARY SEWER: 8" PVC Sewer Main 120 LF @ $31.00 /LF = $3,720 Services 2 EA © $1,033.00 /EA = $2,066 STORM SEWER 36" RCP 100 L.F. @ $67.00 /LF = $6,700 STREET LIGHT 1 EA @ $1,343.00 /EA = $1,343 SUBTOTAL $32,749 . 111111 li 1111 II 1 1111 II 1722171 Page: 15 of 16 04/16/2007 03:04P Gilbert Ortiz PuebloCtyClk&Rec SUBD AGR 81.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SETTLERS VILLAGE, FILING NO. 6 JN 9610530 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. WILD CAT COURT STREETS 4" Asphalt over 9" Base Course 400 SY @ $17.50 /SY = $7,000 Curb and Gutter 240 LF © $10.50 /LF = $2,520 WATER 8" PVC Water Main 150 LF @ $45.00 /LF = $6,750 Service 6 EA © $500.00 /EA = $3,000 Fire Hydrant Ass'y 1 EA @ $3,000.00 /EA = $3,000 SANITARY SEWER: 8" PVC Sewer Main 140 LF © $31.00 /LF = $4,340 Services 32 EA @ $1,033.00 /EA = $33,056 48" Manholes 1 EA © $2,273.00 /EA = $2,273 STORM SEWER 30" RCP 300 L.F. @ $67.00 /LF = $20,100 24" RCP 5 L.F. © $41.00 /LF = $205 Type "S" Inlet L=10' 1 EA © $3,825.00 /EA = $3,825 Type I-B Manhole 2 EA @ $2,324.00 /EA = $4,648 MONUMENT BOX 1 EA © $594.00 /EA = $594 SUBTOTAL $91,311