HomeMy WebLinkAbout07477Reception 1711136
01/25/2007
ORDINANCE NO. 7477
AN ORDINANCE APPROVING THE PLAT OF THE VILLAGE
GREEN AT WALKING STICK, FILING NO. 2
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of The Plat Of The Village Green At Walking Stick, Filing No. 2 being a
subdivision of land legally described as:
A parcel of land located in the N Y2 of the NE '% of Section 17, Township 20
South, Range 64 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 17, Township 20 South, Range 64 West of
the 6` P.M. to bear N. 88 °45'07" E., and all bearings contained herein being
relative thereto.
Beginning at the Northeast corner of The Village Green at Walking Stick, A
Special Area Plan according to the recorded plat thereof as filed for record at
Reception No. 1592564 in the Pueblo County records; thence N. 72 °21'35" E., a
distance of 99.50 feet to a point on the North line of said Section 17; thence N.
88 °45'07" E., along the North line of said Section 17, a distance of 625.95 feet;
thence S. 01 °50'55" E., a distance of 732.77 feet; thence S. 42 °43'04" E., a
distance of 100.00 feet; thence Southwesterly along the arc of a curve to the right
whose radius is 1050.00 feet and whose center bears N. 42 0 43'04" W., a
distance of 507.96 feet; thence S. 75 0 00'00" W., a distance of 120.20 feet to a
point on the Easterly line of The Village Green at Walking Stick, A Special Area
Plan; thence Northerly along the said Easterly line of The Village Green at
Walking Stick, A Special Area Plan the following six (6) courses:
N. 15 0 00 "00"
W., a distance of 100.00 feet;
N. 01 0 55'53"
W., a distance of 185.19 feet;
N. 27 0 04'24"
W., a distance of 84.85 feet;
N. 59 °41'23"
W., a distance of 66.00 feet;
S. 87 °59'32"
W., a distance of 105.03 feet;
N. 02 °00'28"
W., a distance of 649.51 feet to the Point of Beginning.
Containing 15.09 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.
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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.
INTRODUCED: June 12, 2006
O ` BY: Randy Thurston
COLIN PERSON
APPROVED:
PRESID T OF CITY COUNCIL
ATN 4�1
e•, , TY CLERK
PASSED AND APPROVED: June 26 2006
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Background Paper for Proposed
ORDINANCE
0,0_ #IW -7-7
AGENDA ITEM # ,
DATE: JUNE 12, 2006
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATOR/JERRY M. PACHECO
TITLE
AN ORDINANCE APPROVING THE PLAT OF THE VILLAGE GREEN AT
WALKING STICK, FILING NO. 2
ISSUE
Shall City Council approve a request to replat to create a 13.58 -acre parcel that
will be sold to a developer who will resubdivide the parcel into single - family
residential building sites?
The Planning and Zoning Commission, at their May 10, 2006 regular meeting
voted 6 -0 to recommend approval.
BACKGROUND
This property is generally located north of Walking Stick Boulevard and east of
Village Green Place.
This request is a large lot "acreage subdivision ", dedicating right -of -way for
Walking Stick Boulevards and creating one (1) large and un- buildable lot that
must be resubdivided at a later date for development. Once the land is sold to
the developer under contract with the University the developer will file a
resubdivision application to create single - family residential lots.
In the Subdivision Review Committee memo dated April 26, 2006, it was their
recommendation that the plat be approved.
FINANCIAL IMPACT
None.
Reception 1711138
01/25/2007
SUBDIVISION IMPROVEMENTS AGREEMENT
(CSU- Pueblo — Subdivider)
THIS AGREEMENT is made on January 17, 2007 between the CITY OF PUEBLO, a Municipal Corporation
( "City "), and THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, a
university governing board, acting by and through Colorado State University - Pueblo ( " 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 The Village
Green at Waklingstick, Filing No. 2 ( "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
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
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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.
5. In the event the Subdivider or any subsequent owner of the land fails to complete the
Required Public Improvements or to make such deposit within the required time, no
additional building permits shall be issued to the Subdivider or the subsequent owner
or to any other person to build or construct any building or structure in the
Subdivision until such default is remedied. In addition, the City may treat the amount
of such deposit as a debt due the City from the Subdivider or subsequent owner,
which debt shall be a lien upon all the land in the Subdivision and notice of lien may
be filed for record in the office of the County Clerk and Recorder at any time after
such default. Action upon such debt may be instituted by the City within six (6) years
from the date of filing such lien for record. All remedies provided for in this
agreement are cumulative and the use of one shall not prohibit the use of another.
6. Upon paying such deposit, the City Director of Public Works shall release the
proposed building site from the terms of the Agreement except the terms of Paragraph
7 below.
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As a condition of approval of this Subdivision, and to meet the requirements of
Chapter 4, Title 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.
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. hi 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 ten (10)
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, unless adherence to a more recent standard or specification
does not require significant engineering modifications or major revisions to the plans
and documents. In such event, the more recent standards and specifications shall
control.
(b) If the Required Public Improvements are constructed and installed after ten (10)
years from the date hereof, 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 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 accepted by the Director of Public
Works of the Required Public Improvements described in attached Exhibit `B ",
provided, however, the obligation by the Developer to construct or install any Omitted
Public Improvements will cease following two years after the written approval and
acceptance of the required public improvements described in attached Exhibit `B" by
the Director of Public Works.
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
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County, Colorado, and shall constitute an agreement running with the land until
released as described above.
19. The Subdivider specifically agrees for itself, its successors and assigns and
subsequent owners of any portion of the Subdivision that no development shall be
permitted on and no building permit for any building or structure shall be issued by
the Pueblo Regional Building Department with respect to the parcel created by The
Village Green at Walking Stick, Filing No. 2 (referred to as "Block I") until (a) Block
1 is resubdivided in conformity with the Code; and (b) the Subdivider of Block I and
the City enter into a Subdivision Improvement Agreement pursuant to which the
Subdivider of Block 1 agrees to construct the Required Public Improvements required
for the development on Block 1 and the Subdivision in conformity with the Plans and
Documents and Chapter 4, Title XII of the Pueblo Municipal Code.
20. The parties acknowledge that at the time of resubdivision of Block 1, the City may:
(a) require a modification of the Plans and Documents for the Required Public
Improvements with respect to Block 1 and the Subdivision; and
(b) impose as a condition of the issuance of each building permit to build or
construct any building or such structure within the resubdivided Block 1, a
"Per Lot Fee ", for the future completion of the Required Public Improvements
in connection with the Subdivision.
21. Notwithstanding anything to the contrary set forth herein, this Agreement shall not be
construed to impose any financial obligation upon the Board of Governors of the
Colorado State University System ( "Board of Governors ") as Subdivider under this
Agreement unless the Board of Governors (a) declares its intention to assume such
obligation by resolution duly adopted; or (b) becomes the developer of the
Subdivision. The Board of Governors shall become the developer of the Subdivision
for the purposes of this paragraph if it or the Colorado State University - Pueblo or any
of their respective officers, employees or agents construct or cause to be constructed
any improvement set forth in Exhibit `B ".
The parties have caused this Agreement to be executed and attested by its duly authorized and
acting officer.
Subdivider: THE BOARD OF GOVERNORS OF THE COLORADO
STATE UNIVERSITY SYSTEM, a university governing
board, acting by and through Colorado State University-
Pueblo
By:
eeph . G arcia, President, Colorado State University-
Pueblo
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The foregoing instrument was acknowledged before me on January, 11-0 , 2007 by Joseph A.
Garcia, President, Colorado State University - Pueblo for the Board of Governors of the Colorado
State University System, a University governing board, Subdivider.
My commission expires: - T Uri) • - S , ac U q
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Z
Op.RY
F 0
"Y �lmission ExP� //
Notary Public
CITY OF PI jEBLO, a Municipal Corporation
President of City Council
'v �o
STATE OF COLORADO
ss.
COUNTY OF PUEBLO )
-t-The foregoing instrument was acknowledged before me this + day of
�J (1Y onrl , � b N �Cho Y - �Jar�1t - as
President of City Council, and �j( Yy 1 )�i C�{ as City Clerk of the City of
Pueblo, Colorado.
Q` ''t p R s my hand and official seal.
fVly;co mission expires:
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[ S E A L o Notary Public
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D AS TO FORM:
City Attorney
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EXHIBIT A
THE VILLAGE GREEN AT WALKING STICK, FILING NO. 2
LAND DESCRIPTION
A parcel of land located in the N 1 /2 of the NE 1 /4 of Section 17, Township 20 South,
Range 64 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 17, Township 20 South, Range 64 West of the 6th
P.M. to bear N. 88 0 45'07" E., and all bearings contained herein being relative thereto.
Beginning at the Northeast corner of The Village Green at Walking Stick, A Special Area
Plan according to the recorded plat thereof as filed for record at Reception No. 1592564
in the Pueblo County records; thence N. 72 0 21'35" E., a distance of 99.50 feet to a
point on the North line of said Section 17; thence N. 88 0 45'07" E., along the North line
of said Section 17, a distance of 625.95 feet; thence S. 01 0 50'55" E., a distance of
732.77 feet; thence S. 42 0 43'04" E., a distance of 100.00 feet; thence Southwesterly
along the arc of a curve to the right whose radius is 1050.00 feet and whose center
bears N. 42 0 43'04" W., a distance of 507.96 feet; thence S. 75 0 00'00" W., a distance of
120.20 feet to a point on the Easterly line of The Village Green at Walking Stick, A
Special Area Plan; thence Northerly along the said Easterly line of The Village Green at
Walking Stick, A Special Area Plan the following six (6) courses:
1. N. 15 1 00 "00" W., a distance of 100.00 feet;
2. N. 01 1 5553" W., a distance of 185.19 feet;
3. N. 27 0 04'24" W., a distance of 84.85 feet;
4. N. 59 0 41'23" W., a distance of 66.00 feet;
5. S. 87 0 59'32" W., a distance of 105.03 feet;
6. N. 02 0 00'28" W., a distance of 649.51 feet to the Point of Beginning.
Containing 15.09 acres more or less
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 Street
Pueblo, Colorado 81003
January 19, 2006
JN 05 100 01
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
THE VILLAGE GREEN AT WALKING STICK, FILING NO. 2
DEVELOPER:
BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM,
ACTING BY AND THROUGH THE COLORADO STATE UNIVERSITY- PUEBLO
ENGINEER:
NORTHSTAR ENGINEERING AND SURVEYING, INC.
WALKINGSTICK BOULEVARD
S TREET
7" Asphalt over 16" Base Course 4,185 SY @ $30.50 /SY = $127,643
Curb and Gutter
1210 LF @ $10.50 /LF = $12,705
WATER
16" Water Main
716 LF @ $45.00 /LF = $32,220
Service Line (100')
1 EA @ $900.00 /EA = $900
STREET LIGHT
3 EA @ $1,343.00 /EA = $4,029
BARRICADES
L =24'
1 EA @ $1,162.00 /EA = $1,162
CONSTRUCTION BMP'S
Straw Bales
17 EA @ $13.00 /EA = $221
WALKINGSTICK BOULEVARD - TOTAL $178,880
This is an estimate only.
Actual construction costs may vary.
PREPARED BY:
S. WINTERS
FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC.
The undersigned hereby certifies that (1) the required Public Improvements shown hereon and on the Plans and
Specifications meet the requirements of and have been designed in accordance with Chapter 4, Title 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 hereon are the most current unit prices provided by
Professional Engineer Date
� `,, Qty of Pueblo ; �C�