HomeMy WebLinkAbout07529Reception 1712407
02/02/2007
ORDINANCE NO. 7529
AN ORDINANCE APPROVING THE PLAT OF LYNDA
COMMONS SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Lynda Commons Subdivision, being a subdivision of land legally
described as:
PARCEL A:
A parcel of land being a portion of Lot 3, Country Club Heights 14`" Filing according to
that recorded plat thereof filed for record October 10, 1979 in Book 2006 at Page 780 in
the records of the Pueblo County Clerk and Recorder, and a portion of Parcel "C ", Lot
Line Rearrangement according to the recorded plat thereof filed for record November 13,
1996 in Book 2946 at Page 23 in the records of Pueblo County Clerk and Recorder,
located within a portion of the E V2 of Section 14, Township 20 South, Range 65 West of
the Sixth Principle Meridian, being more particularly described as follows:
BEGINNING at the SW corner of said Lot 3, Country Club Heights 14" Filing; thence N
11 ° 48'10" E along the west line of said Lot 3, a distance of 31.89 feet to a point on the
south line of a parcel of land No. 345, of the Department of Transportation, State of
Colorado Project No. NH- IR(CX) 025 - 1(126) UNIT 3; thence along said south line the
following two (2) courses;
L N 89° 55'31" E, a distance of 227.17 feet;
2. along the arc of a non- tangent curve to the right whose center bears S 00° 04'32" E,
having a central angel of 05° 21'53 ", and a radius of 628.17 feet, a distance of 58.82
feet to a point on the easterly line of said Lot 3, said point also being on the south line
of a parcel of land No. 346, of the Department of Transportation, State of Colorado,
Project No. NH- IR(CX) 025 - 1(126) UNIT 3; thence southeasterly along said south
line the following two (2) courses:
1. along the arc of a non - tangent curve to the right whose center bears S 03° 31'35" W,
having a central angel of 06° 33'58 ", and a radius of 628.17 feet, a distance of 71.99
feet;
2. S 78 °08'42" E, a distance of 215.64 feet to a point on the easterly line of
parcel "C" according to that recorded plat thereof filed for record November
13, 1996 in Book 2946 at Page 23 in the records of the Pueblo County Clerk and
Recorder; thence S 11 °42'05" W along said easterly line, a distance of 90.75 feet to
the SE comer of said Parcel "C"; thence N 78'18'48" W along the south of said
Parcel "C" and along the south line of said Lot 3, a distance of 567.98 feet to the
POINT OF BEGINNING.
City of Pueblo, Pueblo County, State of Colorado.
IIIIII VIII IIIIIII III VIII IIII II VIII III VIII IIII IIII
Page: i 240 25R
Gilbert Ortiz Puebl0CtyClk &Rec ORD R 23.00 D 0.00
Said parcel contains 0.99 acres more or less.
PARCEL B:
A parcel of land located within a portion of the E %2 of Section 14, Township 20 South,
Range 65 West of the Sixth Principle Meridian, being more particularly described as
follows:
BEGINNING at the SW corner of Lot 3, Country Club Heights 14" Filing according to
that recorded plat thereof filed for record October 10, 1979 in Book 2006 at Page 780 in
the records of Pueblo County Clerk and Recorder; thence S 78'18'48" E along the south
line of said Lot 3 and along the south line of Parcel "C" of Lot Line Rearrangement,
according to that recorded plat thereof filed for record November 13, 1996 in Book 2946
at Page 23 in the records of the Pueblo County Clerk and Recorder, a distance of 567.98
feet, to the SE corner of said Parcel "C'; thence S 11 °42'05" W, a distance of 112.23
feet; thence S 79 °49'32" E, a distance of 26.30 feet to the SW corner of Lot 1, Block 1,
Country Club Heights 4 th Filing according to that recorded plat thereof filed for record
February 25, 1954 in Book 16 at Page 20 in the Pueblo County Clerk and Recorder;
thence S 00'14'37" E, a distance of 50.79 feet to the NE corner of that parcel of land
described in that deed filed for record July 7, 1967 in Book 1656 at Page 223, Reception
No. 379751 in the Pueblo County Clerk and Recorder; thence along the north and west
line of said Book 1656 at page 223 the following two (2) courses:
1. thence N 89 °18'01" W, a distance of 25.86 feet;
2. thence S 00 °10'50" E, a distance of 137.96 feet to the SW corner of said Book 1656
at Page 223 said point also being on the north line of Country Club Heights 10
Filing according to the recorded plat thereof filed for record May 17, 1972 in Book
1717 at Page 841 in the records of the Pueblo County Clerk and Recorder; thence N
78 1 07'25" W along said north line of Country Club Heights 10" Filing and along the
north line of Country Club Heights 1 I th Filing according to the recorded plat thereof
filed for record May 6, 1977 in Book 1885 at Page 845 in the records of the Pueblo
County Clerk and Recorder, a distance of 608.34 feet to a point on the easterly line of
Baltimore Plaza according to the recorded plat thereof filed for record December 26,
1975 in Book 1833 at Page 222 in the records of the Pueblo County Clerk and
Recorder; thence N 11'48'10" E along said easterly line, a distance of 331.04 feet to
the POINT OF BEGINNING.
City of Pueblo, Pueblo County, State of Colorado.
Said parcel contains 4.03 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
6 01 0 0 07
Gilbert Ortiz PuebloCtyClk &Rec ORD R 21.00 D 0.00
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
1712407
Gilbert Ortiz II II IIII I II IIII II 1 11 IIII III III IIII IIII 00 2/02/2 09:25A
0 00
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: October 10, 2006
" BY: Randy Thurston
COU PERSON
APPROVED:
PRESIDENT OF CITY COUNCIL
h
TY CLERK
PASSED AND APPROVED: October 23, 2006
LD
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # - 0 / 2/
DATE: October 10, 2006
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATORMERRY M. PACHECO
TITLE
AN ORDINANCE APPROVING THE PLAT OF LYNDA COMMONS SUBDIVISION
ISSUE
Shall City Council approve a request to subdivide 5.02 acres into 30 lots, each defining
town home units, and two (2) parcels via a special area plan?
RECOMMENDATION
The Planning and Zoning Commission, at their September 13, 2006 regular meeting,
voted 5 -0 to recommend approval, with the following noted:
Waiver from Section 12- 4- 7(c)(6)a of the Pueblo Municipal Code to allow the existing
power poles and lines traversing the property north - south, along the east property line,
to remain as a condition of subdivision.
BACKGROUND
Lynda Commons Subdivision, is located south of Kachina Drive and west of Lynda Lane
The proposed subdivision is a Special Area Plan and will be developed as town homes.
The project will include 30 lots, each defining the separate town homes and parcels A
and B. Parcel A contains the private ingress /egress driveway, central park area and
community parking. Parcel B is the open space around the proposed 30 lots. The
private road will extend from the end of the public right -of -way of Lynda Lane. The
detention pond lies on both sides of the private driveway, with the majority of the pond in
the southwest corner of Parcel B and the balance of the pond in parcel A.
In the Subdivision Review Committee memo dated August 30, 2006, it was their
recommendation that the plat be approved.
FINANCIAL IMPACT
None.
Reception 1712410
02/02/2007
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on January 11 2007 between the
CITY OF PUEBLO, a Municipal Corporation ( "City "), and
TAGG Development., A Colorado Limited Liability �bilpOOWn Co � n.n
( "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
Lynda Commons 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,
DPW 101
01 /01 /06(Revised 01/11/06)
II IIII IIII II III (IIII II I I II
Page: 0 z5R
Gilbert Ortiz Pueb1oCtyC1k &Rec SUBD RGR 61.00 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 ".
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.
DPW 101
01/01/06(RevisedOl /11/06)
III II VIII IIIIIII III VIII IIIIIII VIII III VIII IIII IIII 1712410 0 025R
Gilbert Ortiz Pueb1OCtyC1k &Rec SUED RGR 61.00 D 0.00
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
01/01ro6(RevisedOl /11/06)
IIIIIIIIIII IIIIIIIIIIIIII IIIIIIIIIIIIII IIIIIIIIIIIII a 7124 0025P
Gilbert Ortiz PUeblcCtyClk&ReC BUBD RGR 61.00 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
01/01M(Revised0l /11/06)
IIIIIII VIII IIIIIII III VIII IIIIIII VIII III VIII IIII IIII
Page: 2007 of 0025P
Gilbert Ortiz Puebl OCtyClk&Rec SUBD PGR 61.00 0 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 IIII 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 3OII 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 XH of the
Pueblo Municipal Code and the standards and specifications approved by the
City Council and interpreted as of the date hereof shall control, 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 }III 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 3III 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 -
70X9) 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.
DPw101 5
01/01/06(Revi sed01 / 11 /06)
IIII II I III II I II I IIII II VIII II 1 0 0 2 8'.25A
Gilbert Ortiz PuebloCtyClk4Rec SUBD RGR 61.00 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.
h'
(SEAL)
LE
The foregoing instrument was acknowledged before me on `]
by i Subdivider.
Deouoprrtollt o Colo ujo / c6ml"xt1?y.
My commission expires:
a -ag --UOK a rr
+ ._.._ -------- _.._. _.._.._.._.._..�
LISA M. ROMO Notary Public
I
i rIOTAP`f PUBLIC
STATE O CO CITY OF P7BLO, a Municipal Corporation
President of Ci Ty Council
ATTRCT• o� Q 1'> ,�71 �•R
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO
The foregoing instrument was acknowledged b fore, me this y of
by (J— M cc I t I g— as
President of City Coundll, — and " )�Aj r1/7 j as City Clerk of the City of
Pueblo, Colorado. _
Go f .
DPw1o1
o Uo i moLevi sedo 1 / 11 /06)
II III II II III III IIIII IIIII II III a 012410Z5
Gilbert Ortiz PueblOCtyClk8.Rec SUBU RGR GI .00 D 0.00
Witness my hand and official seal.
My commission expires:
[ SEAL]
APPROVED AS TO
"*FA.rt,aj
&1� 0 ri A AQ
Notary Public
DPW101
0 1/0 1/06(Revi sed01 / 11 /06)
Pa I IIIIII V I Ortiz P III VIII IIIIIII VIII III VIII IIII IIII 00 02 0 /240 02541
SUBDIVISION EUPROVEMENTS AGREEMENT
EXHIBIT "A"
Lynda Commons Subdivision
Legal Description
11 -14 -06
KNOW ALL MEN BY THESE PRESENTS THAT: TAGG Development, L.L.C., a Colorado
Limited Liability Company, being the sole owner of the following described parcel of land:
PARCEL A:
A parcel of land being a portion of Lot 3, Country Club Heights 14 Filing according to that
recorded plat thereof Sled for record October 10, 1979 in Book 2006 at Page 780 in the records
of the Pueblo County Clerk and Recorder, and a portion of Parcel "C ", Lot Line Rearrangement
according to the recorded plat thereof filed for record November 13, 1996 in Book 2946 at Page
23 in the records of Pueblo County Clerk and Recorder, located within a portion of the E '/2 of
Section 14, Township 20 South, Range 65 West of the Sixth Principle Meridian, being more
particularly described as follows:
BEGINNING at the SW comer of said Lot 3, Country Club Heights 10 Filing; thence N
11'48'10" E along the west line of said Lot 3, a distance of 31.89 feet to a point on the south line
of a parcel of land No. 345, of the Department of Transportation, State of Colorado Project No.
NH- IR(CX) 025 - 1(126) UNIT 3; thence along said south line the following two (2) courses;
1. N 89°55'31" E, a distance of 227.17 feet;
2. along the arc of a non - tangent curve to the right whose center bears S 00 °04'32" E,having a
central angel of 05°21'53 ", and a radius of 628.17 feet, a distance of 58.82 feet to a point on
the easterly line of said Lot 3, said point also being on the south line of a parcel of land No.
346, of the Department of Transportation, State of Colorado, Project No. NH- IR(C)) 025-
1(126) UNIT 3;
thence southeasterly along said south line the following two (2) courses:
1. along the arc of a non - tangent curve to the right whose center bears S 03°31'35" W,
having a central angel of 06 9 33'58 ", and a radius of 628.17 feet, a distance of 71.99
feet;
2. S 78 °0842" E, a distance of 215.64 feet to a point on the easterly line of parcel "C"
according to that recorded plat thereof filed for record November 13, 1996 in Book
2946 at Page 23 in the records of the Pueblo County Clerk and Recorder;
thence S 11 °42'05" W along said easterly line, a distance of 90.75 feet to the SE comer of said
Parcel "C "; thence N 78 °18'48" W along the south of said Parcel "C" and along the south line of
said Lot 3, a distance of 567.98 feet to the POINT OF BEGINNING.
City of Pueblo, Pueblo County, State of Colorado.
Said parcel contains 0.99 saes more or less.
IIIIIII VIII IIIIIII III VIII IIIIIII VIII III VIII IIII IIII
Page: 24 0025P
Gilbert Ortiz PuebloCtyClk&Rec SUBD RGR 61.00 D 0.00
PARCEL B:
A parcel of land located within a portion of the e 1 h of Section 14, Township 20 South, Range 65
West of the Sixth Principle Meridian, being more particularly described as follows:
BEGINNING at the SW corner of Lot 3, Country Club Heights 14 Filing according to that
recorded plat thereof filed for record October 10, 1979 in Book 2006 at Page 780 in the records
of Pueblo County Clerk and Recorder; thence S 78 °18'48" E along the south line of said Lot 3
and along the south line of Parcel "C" of Lot Line Rearrangement, according to that recorded
plat thereof filed for record November 13, 1996 in Book 2946 at Page 23 in the records of the
Pueblo County Clerk and Recorder, a distance of 567.98 feet, to the SE corner of said Parcel
"C "; thence S 11 ° 42'05" W, a distance of 112.23 feet; thence S 79 °49'32" E, a distance of
26.30 feet to the SW comer of Lot 1, Block 1, Country Club Heights 4th Filing according to that
recorded plat thereof filed for record February 25, 1954 in Book 16 at Page 20 in the Pueblo
County Clerk and Recorder; thence S 00 ° 14'37" E, a distance of 50.79 feet to the NE comer of
that parcel of land described in that deed filed for record July 7, 1967 in Book 1656 at Page 223,
Reception No. 379751 in the Pueblo County Clerk and Recorder; thence along the north and
west line of said Book 1656 at page 223 the following two (2) courses:
1. thence N 89 ° 18'01" W, a distance of 25.86 feet;
2. thence S 00 ° 10'50" E, a distance of 137.96 feet to the SW corner of said Book 1656 at Page
223 said point also being on the north line of Country Club Heights 10 Filing according to
the recorded plat thereof filed for record May 17, 1972 in Book 1717 at Page 841 in the
records of the Pueblo County Clerk and Recorder;
thence N 78 ° 07'25" W along said north line of Country Club Heights 10 Filing and along the
north line of Country Club Heights 11 Filing according to the recorded plat thereof filed for
record May 6, 1977 in Book 1885 at Page 845 in the records of the Pueblo County Clerk and
Recorder, a distance of 608.34 feet to a point on the easterly line of Baltimore Plaza according to
the recorded plat thereof filed for record December 26, 1975 in Book 1833 at Page 222 in the
records of the Pueblo County Clerk and Recorder; thence N 11'48'10" E along said easterly
line, a distance of 331.04 feet to the POINT OF BEGINNING.
City of Pueblo, Pueblo County, State of Colorado.
Said parcel contains 4.03 acres more or less
IIIIII Iilll IIIIIII III VIII IIIIIII VIII III IIIIII III Illl a 02/2 0
02 25A
SUBDIVISION IMPROVEMNTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: LYNDA COMMONS SUBDIVISION
DEVELOPER: TAGG Development LLC
ENGINEER: Clark Engineering, Laurie E. Clark P.E.
Unit Description Unit Price Quantity Total Unit Cost
Itemization of Required Public Improvements
PHASE I CONSTRUCTION
A. STREET
1.) Pavement
a.) 3" asphalt on 6" C16 BC $14.00 SY 2769 $ 38,771.60
2.) Concrete
a.) Curb & Gutter $12.00 LF 1964 $ 23,568.00
b.) 4" Concrete(Low Flow Pans S. Prop) $2.50 SF 1150 $ 2,875.00
3.) Public Sanitary Sewer
a.) 8" Main (0' -12') depth) $35.00 LF 1089 $ 38,125.15
b.) 48" Diameter Manhole $3,000.00 EA 8 $ 24,000.00
c.) Service Line - 60' R -O -W $1,200.00 EA 30 $ 36,000.00
4.) Water
a.) Private 4" Service Line $40.00 LF 970 $ 38,818.40
b.) Servic Line - 60' R -O -W $600.00 EA 30 $ 18,000.00
c.) Fire Hydrant Assembly $3,500.00 EA 1 $ 3,500.00
B. DRAINAGE (Phase I)
1.) Storm Sewer
a.) 15" Storm sewer $40.00 LF 131 $ 5,228.00
b.) Flared End Section $200.00 EA 2 $ 400.00
2.) Detention Facilities
a.) Grading $2.00 CY 450 $ 900.00
b.) Planting & Establishing Veg(Excl trees) $12,000.00 AC 0.42 $ 5,040.00
Prepared by Clark 1/19/2007 Page 1
IIII II II II I II I II I VIII II II V III III 0 7124 0025A
Gilbert Ortiz PuebloCtyCl kSRec SUBD RGR 61.00 D 0.00
3.) Construction and Post Construction BMP'S
a.) Straw Bales $4.00 EA 12 $ 48.00
b.) Silt Fence $5.00 /LF 868 $ 4,340.00
PHASE III CONSTRUCTION
C. DRAINAGE (Phase III)
1.) Detention Facilities
a.) Outlet Structure (8" wall)
b.) Grading
c.) Planting & Establishing Veg(Excl trees)
d.) 4" Concrete(Low Flow Pans)
e.) 18" Barrier Curb(Sediment Bed)
2.) Rock Rubble Grouted D50 =6"
a.) Rock Rubble Grouted
$1,500.00
EA
1
$
1,500.00
$2.00
CY
1078
$
2,156.00
$12,000.00
AC
0.24
$
2,880.00
$2.50
SF
1800
$
4,500.00
$10.00
LF
39
$
390.00
$50.00
CY
106
$
5,300.00
3.) Construction and Post Construction BMP'S
a.) Gravel Filled Bags @ Outlet $5.00 EA
MISCELLANEOUS SUB -TOTAL
CONTINGENCIES: 10%
TOTAL COST * *:
"Not including Engineering, Surveying fees
This is an estimate only. Actual construction costs may vary.
This estimate may not include all construction costs.
PREPARED BY: Laurie E. Clark, P. E.
3 $ 15.00
$ 256,355.15
$ 25,635.52
$ 281,990.67
DATE: 1/19/2007
FIRM: CLARK ENGINEERING, 6821 Highway 78 W, Pueblo, CO 81005
The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and
the Plans and Specifications therefore constitute all of the public improvements required to be
installed and contructed for the Subdivision by Chapter 4, Title XII of the Pueblo Muncipal
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 hnprovements and (ii) the unit prices shown hereon are the most current unit
prices provided by the City of Pueblo.
Prepared by Clark 1/19/2007 Page 2
23022
Professional Engineer
REVIEWED BY:
ACCEPTED BY:
DPW101
01 /01 /06(Revised01 /11 /06)
f
� 0
City �ebld ate
irector ofP0lic Works ate
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Pa 2of 12
R 61.00 D 0.00
Prepared by Clark 1/19/2007
Page 3
Reception 1712411
02/02/2007
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(PHASED CONSTRUCTION)
This Addendum shall be incorporated in and become a part of the
Subdivision Improvements Agreement for Lynda Commons Subdivision (herein
the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement.
1. The Subdivider will develop the Subdivision in separate phases in the sequence
described in the attached Exhibit "A ".
2. The Subdivider shall construct and install all Required Public Improvements in
the manner and as described in the Subdivision Improvements Agreement needed and required to
serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A ".
3. For purposes of determining the extent and timing of the Required Public
Improvements, each Phase shall be considered as a separate subdivision.
4. After completion of all Required Public Improvements for any Phase and
approval thereof by the Director of Public Works, the City will release the lots in that Phase from
the Subdivision Improvements Agreement and this Addendum.
5. Any development of the Subdivision contrary to the phasing sequence set forth in
paragraph 1 above without the prior written approval of the Director of Public Works
( "Director ") shall constitute a breach of the Subdivision Improvements Agreement and this
Addendum and City may thereafter refuse to approve the issuance of building permits for
construction within the Subdivision.
6. No modifications to the phasing sequence set forth in the attached Exhibit "A"
shall be approved by the Director until (a) Subdivider's engineer certifies in writing that the
requested modifications will not result in any lot in the Subdivision being inadequately served by
required public improvements, (b) Subdivider furnishes title information satisfactory to the City
showing all persons and entities having a recorded interest in all lots within the Subdivision
("Interested Parties "), and (c) all Interested Parties execute and acknowledge their consent to and
approval of the modification to the phasing sequence in form and content approved by the City
Attorney.
7. The Subdivision Improvements Agreement as amended by this Addendum shall
remain in full force and effect and the covenants of this Addendum shall run with the land within
the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and
Subdivider and their respective heirs, personal representatives, successors, and assigns.
Executed at Pueblo, Colorado, as of jl i"Af",rwy �n / a 2 0o / 7
Subdivider
DPW 103
1/6/04
By
By
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing i� trumen was acknowledged before me this � day of
by (j,o �iCtVn/1njCY1ec nS 1Ylomb4r (1f Subdivider.
i To4q i �o rterrt p Colocud0 Uo Oed UO-bi'll f
Witness my hand and fficial seal. Q0 ��at0�
My commission expires: O � y �L
W I'
S E +-j ..._.._,�.,_.,_.._.0,._,�, Not Public
LISA M. ROMO
ni�Tnr °�' P!1BLIC
ST ATE "' COLORADO
My a �mmhUan ' xwlim CITY OF PUEBLO,
a Munlclp Corporation q
B
President of the Council
I IIIIII VIII IIIIIII III VIII IIIIIII VIII ADD IIII P 0124 09:268
AGAR 16.00 D 0.00
DPW103
1/6/04
II III II II II III II IIII II
Page 124 09:256
Gilbert Ortiz Pue1blcCtyClk8.Rec ADD AGAR 16.00 D 0.00
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "A"
The Subdivider will develop the Subdivision in separate phases in the following sequence:
(a) Phase I shall consist of the following lots within the Subdivision:
a. Lots 1 through 8
b. Curb, gutter and private street within Parcel A
c. Sidewalk, fencing and landscaping adjacent to Lots 1 through 8
d. All sanitary sewer mains and services, storm culvert, water services and meter,
gas, electric and telephone lines
e. Electric transformers and gas meters to serve Lots 1 through 8
f. Detention pond in Parcel A, including rock channel, sidewalks, gazebo and
grass seeding (storm culvert will discharge into the existing detention pond)
g. Sidewalk, landscaping and fence adjacent to Kachina Drive
It. Grass block drive surface for maintenance of sanitary sewer manholes
(b) Phase II shall consist of the following lots within the Subdivision:
a. Lots 24 through 30
b. Sidewalk, fencing and landscaping adjacent to Lots 24 through 30
c. Electric transformers and gas meters to serve Lots 24 through 30
(c) Phase III shall consist of the following lots within the Subdivision:
a. Lots 9 throughl2 and 20 through 23
b. Detention pond in Parcel B
c. Sidewalk, fencing and landscaping adjacent to Lots 9 through 12 and 20
through 23
d. Electric transformers and gas meters to serve Lots 9 through 12 and 20 through
23
e. Trees and benches within detention pond in Parcel A
(d) Phase IV shall consist of the following lots within the Subdivision:
a. Lots 13 through 19
b. Sidewalk, fencing and landscaping adjacent to Lots 13 through 19
c. Electric transformers and gas meters to serve Lots 13 through 19
DPW103
1/6/04