HomeMy WebLinkAbout07610Reception 1745614
10/16/2007
ORDINANCE NO. 7610
AN ORDINANCE APPROVING THE PLAT OF BELLA VISTA SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Bella Vista Subdivision, being a subdivision of land legally
described as:
A parcel of land located in the E '/Z of Section 11 and the W '/2 of Section
12, Township 20 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 East line of the NE '/4 of Section 11, Township 20 South,
Range 65 West of the 6 th P.M. to bear N. 00 0 31'24" W., and all bearings
contained herein being relative thereto.
All of Lot 1, Block 8 and Lot 1, Block 9 in Eagleridge Estates, Filing No. 2
according to the recorded plat thereof as filed for record at Reception
No's. 1690203, 1702444 and 1720445 in the Pueblo County records.
Containing 28.57 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,
3
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 anyway 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, at 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
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
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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
W
INTRODUCED: June 11, 2007
a BY: Randy Thurston
'c ,_FM �_ _ MCOUN;CILPE7R
?s APPROVED:
•,` PRE DEN OF CITY COUNCIL
PASSED AND APPROVED: June 25. 2007
17 ORD 10/16/2007 03:22:40 PM
Gilbert Ortiz Clerrk /Recorde County, Co
a ■III INA Pr, «IFIAMU1' 11VII IM *111111
C� ��7lold
�J ED .a
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 3ZL
DATE: JUNE 11, 2007
DEPARTMENT: COMMUNITY DEVELOPMENTMERRY M. PACHECO
LAND USE ADMINISTRATORMERRY M. PACHECO
TITLE
AN ORDINANCE APPROVING THE PLAT OF BELLA,VISTA SUBDIVISION
ISSUE
Shall City Council approve a request to replat 28.57 acres to facilitate the development
of mixed - density residential gated community?
RECOMMENDATION
The Planning and Zoning Commission, at their May 9, 2007 regular meeting, voted 5 -0
to recommend approval.
BACKGROUND
Bella Vista Subdivision is a resubdivision of a portion of Eagleridge Estates, Filing No. 2,
which was originally approved by the Planning and Zoning Commission on February 8,
2006. The original subdivision was created in accordance with the Eagleridge Estates
Master Development Plan (Amended) that was approved October 11, 2000. As
proposed, this subdivision will plat 37 single - family detached residential lots, 22 single -
family attached residential lots and 75 town home lots within a gated community. The
project area was originally subdivided as two large lots and has been reserved for future
resubdivision and development.
FINANCIAL IMPACT
None.
Reception 1745616
10/16/2007
RATIFICATION OF PLAT
FOR VALUE RECEIVED, the undersigned being the owner of indebtedness
secured by a deed of trust recorded October 4 2006 , in Book
at Page , Reception Number 1696449 does hereby ratify
and consent to the subdivision of the land platted as
Bella Vista Subdivision shown on the Subdivision Plat recorded by
Reception Number in the records of Pueblo County, Colorado, and
confirms and joins in the dedication of all streets, easements, rights of wav and access
restrictions shown thereon and subordinates its interest in the property described in the
Subdivision Plat to any Subdivision Improvements .Agreement and Addendum thereto
between the Subdivider and City of Pueblo executed in conjunction therewith.
Signed this day of
Ridgegate at Pueblo, LLC,
_A Colorado Limited Liability Company
.Company Name
B
Title:
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 25th day of
September 2007 by Roger H. Fo as President of
Plum Creek Associates,Inc its Managing Hember of Ridgegate at Pueblo, LLC.
My Conuuission Expires: 06103/11
.% S`ARp
e
7 No[ar;- Public Sh n T. Johnson
ar
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Gilbert Ortiz Co
mill y
Clerk /Recorder, Pueblo Count, MWI �h ti R
RATIFICATION OF PLAT
FOR VALUE RECEIVED, the undersigned being the owner of indebtedness
secured by a deed of trust recorded Octob
2006 . in Book
at Page . Reception Number 1696451 does herebv ratiAr
and consent to the subdivision of the land platted as
Bella Vista Subdivision shown on the Subdivision Plat recorded by
Reception Number
in the records of Pueblo County, Colorado, and
confirms andjoins in the dedication of all streets, easements, rights of way and access
restrictions shown thereon and subordinates its interest in the property described in the
Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto
between the Subdivider and City of Pueblo executed in conjunction therewith.
Signed this day of /"$��Z �am
Fonda and Judith A. Fonda
Company Name
STATE OF COLOR-ADO)
) ss.
COUNTY OF PUEBLO )
Bv:
The foregoing instrument was acknowledged before me this 25th day of
:+ap.temb 2007 by Roger H. Fonda and Judith A Fonda /�y
l/// lllllll /lllllll /l /l /l bfll / /lll / /lll/ 111 / /l /lL /l / /ll / / /lll / /l /lllll/
MY Commission Expires: 06/03/11
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otary Public Sharon Johnson
' ly
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Gilbert 0rtlz Clerk /Recorder Pueblo Co
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SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on �etAMber 25 , 2 0bq between the
CITY OF PUEBLO, a Municipal Corporation ( "City "), and
TARBAD Development Company, 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
B ELLA VISTA
( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by
Chapter 4, Title X11 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 Xll 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 X11 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 an 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,
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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 an 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.
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Gilbert Ortiz Clerk /Recorde Pueblo Cc
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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.
7. As a condition of approval of this Subdivision, and to meet the requirements of
Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees
that no certificate of occupancy shall be issued by the Pueblo Regional Building
Department until the Required Public Improvements, or those improvements
necessary as determined by the City Director of Public Works, to totally serve
specific lot(s) orblock(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 °lmprovements
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
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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
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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 Xll 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 X11 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 Xll 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 X11 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-
7(.)(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.
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(SEAL)
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 actineofficer.
TARBAD Devel
Company, Inc.,
Subdivider /
e
By: �
Roge H.
By:
The forMtoing,41itg, ik vMpcknowledged before me on y x - 5
a007 by Roger H. Fonda Manager of TARBAD Development Subdivider.
Company, Inc., a Colorado Corporation
My commission expires: 5 'oZOII
Notaf Public 1070/ (-Ae- DI' '
1 14, '-a 3100y
CITY OF PUEBLO, a Municipal Corporation
e !r p reside t of City Council
ATQ'EvMT:
City C�rk
STATE OF COLORADO ) �ti
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this D" day of
2�U1 by �A 11C�� .P 1 C0.l)Q� as
President of City Council, and C-i Vida t J+ M y as City Clerk of the City of
Pueblo. Colorado.
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6
Witness my hand and official seal.
mmission expires: 1 1- 12
ti� f
SUSAN M. BEERY
��; �, ���
,i
•, Notary PUD11C
C.
ii; State of Color
';"
S
LAPP
TO FORM:
k. 0
ye ,, .. , ... „ orney
Notary Public
17 45618 SUBD AG 10/16/2007 03:22:40 PM
ert Ortiz Clerk /Recorder, Pueblo Co
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EXHIBIT "A"
LAND DESCRIPTION
BELLA VISTA
A parcel of land located in the E 1 /2 of Section 11 and the W 1 /2 of Section 12, Township
20 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado
and being more particularly described as follows:
Considering the East line of the NE 1 /4 of Section 11, Township 20 South, Range 65
West of the 6 P.M. to bear N. 00 0 31'24" W., and all bearings contained herein being
relative thereto.
All of Lot 1, Block 8 and Lot 1, Block 9 in Eagleridge Estates, Filing No. 2 according to
the recorded plat thereof as filed for record at Reception No's. 1690203, 1702444 and
1720445 in the Pueblo County records.
Containing 28.57 acres, more or less
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 Street
Pueblo, Colorado 81003
February 22, 2007
JN 95 026 14
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ert Ortiz C co lo
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
BELLA VISTA SUBDIVSION
IN 9602514
DEVELOPER:
TARBAD DEVELOPMENT COMPANY, INC.
ENGINEER:
NORTHSTAR ENGINEERING AND SURVEYING, INC.
SORRENTO LANE (Phase I1
PAVEMENT:
4" Asphalt over 9" Base Course
2179 SY @ $17.50 /SY = $38,133
CONCRETE:
Curb and Gutter
1445 LF @ $10.50 /LF = $15,173
Handicap Ramps
465 SF @ $3.00 /SF = $1,395
Tactile Band
8 EA @ $310.00 /SF = $2,480
SANITARY SEWER:
8" PVC Sewer Main
460 LF @ $31.00 /LF = $14,260
48" Manholes
3 EA @ $2,273.00 /EA = $6,819
WATER:
8" PVC Water Main
597 LF @ $45.00 /LF = $26,865
MONUMENT BOXES:
2 EA @ $594.00 /EA = $1,188
STREET NAME SIGNS & STOP SIGNS:
Private Road - 4 -Way Intersection
2 EA @ $310.00 /LF = $620
60' Right of Way - T Intersection
1 EA @ $207.00 /LF = $207
SUBTOTAL $1071139
POSITANO COURT (Phase Il
PAVEMENT:
4" Asphalt over 9" Base Course
CONCRETE:
7" Concrete
4" Concrete
SANITARY SEWER:
8" PVC Sewer Main
Services
48" Manholes
WATER:
8" PVC Water Main
Fire Hydrant Assembly
Service Line
AMALFI COURT (Phase Il
PAVEMENT:
4" Asphalt over 9" Base Course
CONCRETE:
7" Concrete
4" Concrete
SANITARY SEWER:
8" PVC Sewer Main
Services
48" Manholes
WATER:
B" PVC Water Main
Fire Hydrant Assembly
Service Line
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Gl lbert Ortiz Clerk /Recorder, Pueblo County, Co
II
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2710
SY
@
$17.50
/SY =
$47,425
224
SF
@
$4.00
/SF =
$896
6221
SF
@
$2.50
/SF =
$15,553
720
LF
@
$31.00
/LF =
$22,320
18
EA
@
$1,033.00
/EA =
$18,594
2
EA
@
$2,273.00
/EA =
$4,546
754
LF
@
$45.00
/LF =
$33,930
2
EA
@
$3,000.00
/EA =
$6,000
18
EA
@
$500.00
/EA =
$9,000
SUBTOTAL
$158,264
2411
SY
@
$17.50
/SY =
$42,193
112
SF
@
$4.00
/SF =
$448
5702
SF
@
$2.50
/SF =
$14,255
625
LF
@
$31.00
/LF =
$19,375
18
EA
@
$1,033.00
/EA =
$18,594
2
EA
@
$2,273.00
/EA =
$4,546
646
LF
@
$45.00
/LF =
$29,070
2
EA
@
$3,000.00
/EA =
$6,000
18
EA
@
$500.00
/EA.=
$9,000
SUBTOTAL $143,481
Construction and Post Construction BMP's (Phase I)
Straw Bales 30 EA @ $13.00 /EA = $130
Silt Fence 4417 LF @ $3.00 /LF = $13,251
Vehicle Tracking 1 EA @ $750.00 /EA = $750
SUBTOTAL $14,131
PHASE I SUBTOTAL 423 014
1745618 SUBD AG 10/16/2007 03:22:40 PM
Page: ti of 14 R 71.00 D 0.00 T 71.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
®III K N 1141 Ell Wi 11111
SUBDMSION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: BELLA VISTA SUBDIVSION
IN 9602514
DEVELOPER: TARBAD DEVELOPMENT COMPANY, INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
SORRENTO LANE (Phase II)
SANITARY SEWER:
8" PVC Sewer Main 721 LF @ $31.00 /LF = $22,351
Services 7 EA @ $1,033.00 /EA = $7,231
48" Manholes 6 EA @ $2,273.00 /EA = $13,638
SUBTOTAL $43,220
SORRENTO COURT (Phase II)
SANITARY SEWER:
8" PVC Sewer Main 505 LF @ $31.00 /LF = $15,655
Services 15 EA @ $1,033.00 /EA = $15,495
48" Manholes 2 EA @ $2,273.00 /EA = $4,546
SUBTOTAL $35,696
SARNO COURT (Phase II)
SANITARY SEWER:
8" PVC Sewer Main
Services
48" Manholes
RAVELLO COURT (Phase III
SANITARY SEWER:
8" PVC Sewer Main
Services
48" Manholes
SALERNO COURT (Phase II)
SANITARY SEWER:
8" PVC Sewer Main
Services
48" Manholes
345 LF
@
$31.00 /LF =
$10,695
15 EA
@
$1,033.00 /EA =
$15,495
4 EA
@
$2,273.00 /EA =
$9,092
SUBTOTAL
$35,282
293 LF
@
$31.00 /LF =
$9,083
18 EA
@
$1,033.00 /EA =
$18,594
4 EA
@
$2,273.00 /EA =
$9,092
SUBTOTAL
$36,769
434 LF
@
$31.00 /LF =
$13,454
21 EA
@
$1,033.00 /EA =
$21,693
3 EA
@
$2,273.00 /EA =
$6,819
SUBTOTAL $41,966
DETENTION POND "L" (Phase I )
Grading
Outlet Structure
Revegatation
30" RCP
36" RCP
60" Manholes
17 SUBD_RG 10 /16/2007 03:22:40 PM
GilbertzOrtiz4Clerk /Reeorder00Puebla County, Co
®III MR 1,1 IKa4FAW N wi 11 Ill
14000 CY
@
$2.00 /CY =
$28,000
1 EA
@
$3,100.00 /EA
$3,100
2 AC
@
$12,396.00 /AC =
$24,792
90 L.F.
@
$62.00 /LF =
$5,580
200 L.F.
@
$67.00 /LF =
$13,400
2 EA
@
$2,324.00 /EA =
$4,648
SUBTOTAL
$79,520
Construction and Post Construction BMP's (Phase III
Curb Sock Inlet Protection 2 EA @ $200.00 /EA = $400
Establishing Vegetation 2 AC @ $12,396.00 /AC = $24,792
Vehicle Tracking 1 EA @ $750.00 /EA = $750
SUBTOTAL $25,942
PHASE II SUBTOTAL 298 395
1745618 SUBD_RG 10/16/2007 03:22:40 PM
Page: 13 of 14 R 71.00 0 0.00 T 71.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
®III 11% N11 NIIINNIR 'NYlWmi N 11111
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: BELLA VISTA SUBDIVSION
IN 9602514
DEVELOPER: TARBAD DEVELOPMENT COMPANY, INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
SAARSARY SEWER:
8" PVC Sewer Main
980 LF
@
$31.00 /LF =
$30,380
Services
22 EA
@
$1,033.00 /EA =
$22,726
48" Manholes
7 EA
@
$2,273.00 /EA =
$15,911
Construction and Post
Construction BMP's (Phase
III)
Vehicle Tracking
1 EA
@
$750.00 /EA =
$750
SUBTOTAL
$69,767
PHASE III SUBTOTAL
69 767
1748618 SUBD_RG 10/16/2007 03:22:40 PM
Page: 14 of 14 R 71.00 D 0.00 T 71.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
®II! AA Pu '11m,W 11111
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: BELLA VISTA SUBDIVSION
IN 9602514
DEVELOPER: TARBAD DEVELOPMENT COMPANY, INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE I SUBTOTAL: $423,014
PHASE II SUBTOTAL: $298,395
PHASE III SUBTOTAL: $69,767
TOTAL PROJECT: $791,176
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 Subdivision Chapter 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
, eon are the most current unit prices provided by the City of Pueblo.
Professional Engineer Date
REVIEWED BY:
ACCEPTED BY:
1745619 ADD AGR 10/16/2007 03:22:40 PM
Gil Ortiz �Cle T Pueblo County, Co
mill K Fr WIFUMVISS ,14 WA 11111
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(PHASED CONSTRUCTION)
This Addendum shall be incorporated in and become a part of the x}pp}PI bW— 25, 2M 9
Subdivision Improvements Agreement for BELLA VISTA . (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 �kp�b 25 20M .
TARBAD Development Company, Inc.
a Colorado Corporation
Subdivider
3
DPW]03
1/6.04
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
an
The foregoing instrument was acknowledged before me this c Zs da of
.J . ,A 7, by Roger H. Fonda Manager of TARBAD , Subdivider.
Development Company, Inc., a Colorado Corporation
Witness my hand and official seal.
My commission expires:
[SEAL ] i OTA �Y �i Notary Public
PUCLIC r4)z-76 1D, Co /aoy
._/ o
� CITY OF PUEBLO,
My commissionexpires521.2011 a Municipal Corporatio
sy
Presid t of thq Council
17 ADD AGR 10/16/2007 03:22:40 PM
Ci P berf Ortiz 1Clerrl//leeorrderr T Pue ' County, Cc
®III 14Y� �ft�«+IF1�I� 1e4N, G4�tll � ®I III
DPwl03
1/6/04
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:
Block 2, Lots 1 — 4
Block 3, Lots 1 — 5
Block 4, Lots 1 — 8
Block 5, Lots 1 —10
Block 6, Lots 1 - 4
Block 7, Lots 1 - 5
b. Phase II shall consist of the following lots within the subdivision:
Block 6, Lot 5
Blocks 8 thru 32, Lots 1 — 3
C. Phase III shall consist of the following lots within the subdivision:
Block 1, Lots 1 - 22
17 ADD_AGR 10/16/2007 03:22:40 PM
Gilbert Ortiz Cle r Pueblo County, Co
®III PrI.WWWWONY tN 11111
t-1
1745620 DEC C 10/16/2007 03:22:40 PM
Gil Ortiz �Clerk/OReOeorOde , T Pueblo County, Co
®III A% Fr, MoUN4110 464 NINA 11 111
DECLARATION OF COVENANTS CONCERNING
Private Storm Drainage EASEMENTS FOR
(type of easement) _
BELLA VISTA
(name of subdivision)
THIS DECLARATION OF COVENANTS is made as of
207 7 by TARBAD Development Comnanv, Inc. a Colorado Corporati
herein the "Declarant'.
DEFINITIONS
Easement means and includes the land shown and dedicated on the plat of the
Subdivision, or otherwise granted or dedicated in or outside of the Subdivision, for
landscaping, drainage, storm water detention, streets, sidewalks, or utility purposes that
serve or benefit the Subdivision. Easements granted or dedicated outside of the
Subdivision are described in the attached Exhibits (`B ", "C ").
Facilities means and includes All Storm Drainage Infastructure
, located in an Easement.
Lot means a lot or other designated parcel of land within the Subdivision other
than Easements.
Lot Owner means and includes all persons and entities having any right, title or
interest in and to a Lot, or any part thereof.
Subdivision means the BELLA VISTA
Subject Property means the real property located in Pueblo County, Colorado and
described in the attached Exhibit "A".
RECITALS
A. Declarant is the record owner of, and has fee simple title to the Subject
Property.
1. Insert name and address of property owners.
2. Describe all improvements, the repair, maintenance, and replacement of which are not the
obligation of the City nor any provider of utility services.
3. Insert name ofsubdivision.
DPW 105
02/05/02
17 DEC C 10/16/2007 03:22:40 PM
Gilbert Ortiz Clerke/Reeo0rder0,?Pueblo County, Cc
Fr,+la
1 J�h�
mill l 11#4 Wk WN 11111
B. Declarant intends to or has subdivided the Subject Property and platted the
Subject Property as the Subdivision.
C. Declarant desires to provide for the orderly development of the Subdivision
and to insure the proper installation, maintenance and repair of the Easements
and Facilities.
NOW THEREFORE, Declarant declares that the Subject Property and all Lots
within the Subdivision shall be held, transferred, sold, conveyed, occupied, and used
subject to the following covenants, conditions, and restrictions:
1. Purpose The purpose of the covenants and provisions of this Declaration of
Covenants is to insure the proper and orderly development of the Subject Property and to
provide a reasonable method to maintain and repair the Easements and Facilities to the
benefit of all the Lots within the Subdivision.
2. Covenants
(a) Declarant shall install the Easements and Facilities in accordance
with the plans and specifications therefore approved by, and on file
with the City of Pueblo. Declarant shall record this Declaration of
Covenants in the office of the Pueblo County Clerk and Recorder
contemporaneously with but immediately after the recording of the
plat of the Subdivision.
(b) Each Lot Owner shall be primarily responsible for maintaining the
Facilities in good working order and condition and for the repair
and replacement of the Facilities located in an Easement on or
adjacent to such Lot Owner's Lot; provided, however, that all Lot
Owners shall be jointly and severally liable for maintaining the
Facilities in good working order and condition and for the repair
and replacement of the Facilities.
(c) The City of Pueblo is granted the right at its option (but not the
obligation) to inspect, control repair, maintain and replace the
Facilities and to recover all costs and expenses thereof plus an
administrative charge of 15% from the Lot Owners.. All such
City cost and administrative charge shall become a perpetual lien
on all the Lots within the Subdivision upon recording in the office
Of the Pueblo Canty Clerk and Recorder a statement of Iien
setting forth City's cost and describing the Lots signed by the
City's Director of Public Works. Failure of the City to inspect,
control, repair, maintain or replace the Facilities shall not subject
the City of Pueblo to any liability for such failure.
DPW 105
02/05/02
Pa ge: 30of D 4 CTR 210/16/2007
Gilbert Ortiz Clerk /Recorder,
®iii I% Pr, «IF1AIAP
3. Binding Effect
03:22:40 PM
i 21.00
Pueblo County, Co
141 Wiwi 11111
Each of the covenants and provisions of this Declaration of Covenants shall run
with the Subject Property and Lots within the Subdivision, and shall forever
be binding upon and inure to the benefit of all Lot Owners and their respective
heirs, personal representatives, successors and assigns.
4. Enforcement.
(a) The covenants and provisions of this Declaration of Covenants
shall be enforceable at law or in equity by any Lot Owner or the
City of Pueblo against any person or entity violating, attempting to
violate, or not complying with any of the covenants and provisions
of this Declaration of Covenants.
(b) Failure of any Lot Owner or the City of Pueblo to enforce any of
the covenants or provisions of this Declaration of Covenants shall
in no event constitute or be deemed to constitute a waiver of the
right to do so thereafter, and shall not subject any Lot Owner or the
City of Pueblo to any liability for failure to enforce.
(c) The enforcing party may seek and recover damages or injunctive
relief or both. in the event of any action or litigation arising out of
or to enforce this Declaration of Covenants. the Court shall award
the prevailing party its costs and expenses including reasonable
attorney fees. Venue for any such action shall be in the District
Court In And For the County of Pueblo, State of Colorado, and for
purposes thereof, Declarant and all Lot Owners agree to submit to
the jurisdiction of that Court.
5. Survival
Invalidation of any one of the covenants or provisions of this Declaration of
Covenants whether by final judgment or court order shall not affect any of the
remaining covenants or provisions, which shall remain in full force and effect.
6. Modification
Neither this Declaration of Covenants nor any of the provisions hereof may be
cancelled, terminated, amended or modified without the prior written consent of
all the Lot Owners and the City of Pueblo.
DPW 105
02/05/02
17 DEC _C 10/16/2007 03:22:40 PM
Gilbert Ortiz Clark 21 T Pueblo County, Cc
7. Applicable Law ®III K Pr«a111W 010 k M wil H 11111
This Declaration of Covenants shall be construed, interpreted and enforced in
accordance with the laws of the State of Colorado.
Executed the day and year first above
COUNTY OF PUEBLO )
)ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this o25 day of
�� � by Roger H. Fonda, Manager of .TARBAD Development
Company, Inc., a Colorado Corporation
Witness my hand and official seal.
My commission expires: 5
(SEAL) r'A \SHA 4
No ary Public /o2m7 Cbwe - 1`1&4 A�-
OTARY P�b/t) Co 8Io0y
UBLIC
My commis on expires 521 -2011
DPW ]05 4
02/05/02
3
1745621 EASE 10/16/2007 03:22:40 PM
- Page: 1 of 3 R 16.00 0 0.00 T 16.00
Gilbert Ortiiz�Clerk /Recorder, Pueblo County, Cc
■III K PSI I«+Iww4w,II1M hVA 11111
EASEMENT AND RIGHT OFF WAY
THIS EASEMENT, granted this 25 day of 2007 by
TARBAD Development Grantor, to PUEBLO, a Municipal Corporation, Grantee:
Company,Inc., a Co orado Corporation
WITNESSETH:
THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable
consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to
Grantee, its successors and assigns, an easement and right of way for the purpose of sanitary
sewer in, through, over, under and across Grantor's property situated in Pueblo County,
Colorado, commonly known as Eagleridge Estates, and described as follows: (the
"Property") Filing No. 2
See attached Exhibit "A"
TOGETHER WITH the right to enter upon the Property for the purposes of construction,
replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of
Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose
not inconsistent with the right and privilege above granted and which will not interfere with or endanger
any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in
no event include the right to locate or erect or cause to be located or erected on the Property any building
or any other structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the
Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and
peaceful possession of the Property and easement and right -of -way against all persons who may lawfully
claim title to the property.
"Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be
binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns
of the Grantor and Grantee.
SIGNED this c.Z5 day of 2007
GRANTO ARBAD Deye nt Company, Inc.,
a Colora / porat
By:
RqAerLlf. nda, Pr ident
COUNTY OF PUEBLO )
ss.
STATE OF COLORADO).
The foregoing instrument was acknowledged before me this cZ ,5 day of
bevz- , 2007 by Roger H. Fonda, President
TARBAD Development Company, Inc..,
Witness my hand and official seal. a Colorado Corporation
My commission expires: J oZ/ a0 //
(SEAL)
n Notary Public
DPW Iu 'l " {x webly c
l� gioo /
02/06/02 rs, F _. Llt'i
` _7
Idy commiesiun
EXHIBIT A
SANITARY SEWER EASEMENT
LAND DESCRIPTION
An easement for sanitary sewer purposes through a portion of Eagleridge Estates, Filing
No. 2 according to the re- recorded plat thereof as filed for record at Reception No.
1702444 located in a portion of the NW 1 /4 of Section 12, Township 20 South, Range 65
West of the 6"' P.M. in the County of Pueblo and State of Colorado being more
particularly described as follows:
Considering the West line of the NW 1 /4 of Section 12, Township 20 South, Range 65
West of the 6"' P.M. to bear N. 00 3124" W., and all bearings contained herein being
relative thereto.
Commencing at the most Southerly comer of Lot 1, Block 5 in said Eagleridge Estates,
Fling No. 2; thence N. 37 0 23'04" W., along the Westerly line of said Lot 1, Block 5, a
distance of 120.00 feet to the Point of Beginning; thence S. 52 W., a distance of
26.30 feet; thence N. 69 0 4947" W., a distance of 23.70 feet; thence N. 52 0 36'56" E., a
distance of 400.91 feet to a point on the Easterly line of said Lot 1, Block 5 said point
also being of the Westerly right -of -way line of Outlook Boulevard as presently located;
thence S. 20 0 59'54" E., along the Easterly line of said Lot 1, Block 5 and the Westerly
right -of -way line of said Outlook Boulevard, a distance of 20.85 feet; thence S.
52 0 3656" W., a distance of 356.01 feet to the Point of Beginning.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5"' Street
Pueblo, Colorado 81003
September 24, 2007
IN 95 026 15
1745621 EASE 10/16/2007 03:22:40 PM ~�
Pagge: 2 of 3 R 16.00 O 0.00 T 16.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
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17 EASE 10/16/2007 03:22:40 PM
-,� Gilbert Ortiiz�Cla /Reco T Pueb0o County, Ca
Bill K r.I I101FONIVA'NIA 11 111
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