HomeMy WebLinkAbout07677Reception 1768292
05/08/2008
ORDINANCE NO. 7677
AN ORDINANCE APPROVING RESUBDIVISION OF A PORTION OF
LAREDO AT PARKSIDE, A SPECIAL AREA PLAN
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Laredo at Parkside, Filing No. 2, being a resubdivision of land
being legally described as:
A resubdivision of a parcel of land located in a portion of Laredo at
Parkside, A Special Area Plan and Amendment No. 1 to the Special Area
Plan of: Laredo at Parkside A Special Area Plan in the County of Pueblo,
State of Colorado and being more particularly described as follows:
All of Lots 25 through 68 both inclusive Block 7, All of Blocks 8, 9, 10 and
11 and Parcels J, M and O, in Laredo at Parkside, A Special Area Plan
according to the recorded plat thereof as filed for record at Reception No.
1414302 and Amendment No. 1 to the Special Area Plan of: Laredo at
Parkside a Special Area Plan according to the recorded plat thereof as
filed for record at Reception No. 1499732 in the Pueblo County records.
Containing 8.30 acres more or less
is hereby approved, and all dedicated streets, utility and drainage easements, rights -of-
way and land set aside for public sites, parks and open spaces shown and dedicated on
said plat are hereby accepted for public use.
SECTION 2.
The acceptance of such dedicated streets, rights -of -way, utility and drainage
easements, public sites, parks and open spaces by the City does not obligate the City to
maintain or repair same until such streets, rights -of -way, utility and drainage easements,
public sites, parks and open spaces have been constructed and installed in compliance
and in accordance with the requirements and provisions of Chapter 4, Title XII of the
Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto.
SECTION 3.
Neither the adoption of this ordinance nor the requirements imposed hereby shall
create any duty or obligation of any person, firm, corporation or other entity with regard
to the enforcement or nonenforcement of this ordinance or the City's Subdivision
Ordinances and regulations. No person, firm, corporation or other entity shall have any
private right of action, claim or demand against the City or its officers, employees or
agents, for any injury, damage or liability arising out of or in any way connected with the
adoption, enforcement, or nonenforcement of this ordinance or the Subdivision
Ordinance and Regulations of the City, or the engineering, surveying, drainage
improvement or other work or improvements required thereby. Nothing in this
ordinance or in the City's subdivision ordinances and regulations shall create or be
construed to create any claim, demand or liability against the City or its officers,
employees or agents, or to waive any of the immunities, limitations on liability, or other
provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq.
Colorado 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 124-5 (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: September 24, 2007
rscc
a
BY. Randy Thurston
COUNCILPERSON
APPROVED.
P ESID NT OF CITY COUNCIL
ATTESTED Bl NJLA
(4TY CLERK
PASSED AND APPROVED: November 12, 2 007
Ord. - 7(v - 11
D ID ffi
�1 M
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 4 X .Z3
DATE: SEPTEMBER '24, 2007
DEPARTMENT: JERRY M. PACHECO, ASSISTANT CITY MANAGER FOR
COMMUNITY DEVELOPMENT
TITLE
AN ORDINANCE APPROVING A RESUBDIVISION OF A PORTION OF LAREDO AT
PARKSIDE, A SPECIAL AREA PLAN
ISSUE
Shall City Council approve a request to resubdivide in order to create 65 single - family
residential lots and three parcels for drainage, park, ingress /egress and private
utilities?
The Planning and Zoning Commission, at their August 8, 2007 regular meeting, voted
5-0 to recommend approval.
BACKGROUND
The proposed Laredo At Parkside, Filing No. 2, A Special Area Plan is a resubdivision
of Laredo at Parkside, which was approved by City Council December 2000. The
proposed land division will create 65 single - family residential lots and three (3) parcels.
Parcel A is dedicated to the public for drainage and park purposes, Parcels B and C
are dedicated to the adjacent property owners for ingresslegress and private utilities
serving the lots.
Laredo At Parkside, Filing No. 2, A Special Area Plan will reduce the number of platted
residential lots by 20 and increase the physical size of the remaining lots. The
subdivision will also provide an additional lot for park and drainage purposes, Parcel A;
but will reduce the size of Parcel U which was originally reserved for public landscaping
and drainage.
It is the recommendation of the SRC that the plat be approved; all deficiencies have
been addressed.
FINANCIAL IMPACT
None.
Reception 1768294
05/08/2008
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on I f ,between the
CITY OF PUEBLO, a Municipal Corp ation ( "City''), and.
Pannunzio,Inc., a Colorado Cor poration
( "lubdlvlder ").
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
at Parkside, Filing No. .2 A Special Area Plan
( 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:
DPW 101
Dec. 2007
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.
In lieu of installing the Required Public Improvements within the time period
Prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any
portion thereof shall deposit cash or other collateral with the City Director of Finance,
or with any bank or trust company licensed in the State of Colorado, subject to an
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Gilbert Ortiz ClerklRecorder, Pueblo County, Co
escrow agreement approved by the City Attorney. The holder of such cash or
collateral shall pay all or any portion thereof to the City upon demand after the time
to complete all Required Public Improvements by Subdivider or subsequent owner
expires. Such deposit or escrow agreement shall be referred to as the "deposit ".
The amount of the deposit shall be computed by the City's Director of Public Works
by estimating the total cost of all uncompleted Required Public Improvements within
the block at the time application for building permit is made. The amount of the
deposit required by this alternative shall not be less than 25% of such estimate plus
the cost of extending all required sewer and water lines from nearest existing sewer
and water lines to the proposed building site for which a building permit is sought,
plus the costs of extending curb, gutter, sidewalk and paving from the edge of the
Subdivision or existing improvements of a like nature, whichever is closer to the
proposed building site. In any case where the block, as later defined, exceeds one
thousand (1000'.) feet in length between intersecting streets, the estimate of the City
Director of Public Works under this paragraph may be reduced to the total costs of all
uncompleted Required Public Improvements in at least one half (1/2) of such block,
and the required deposit shall be based upon such decreased estimate. The
Subdivider, however, shall provide a turnaround of at least sixty (60') feet in
diameter at the mid -block point and barricade such street so that no through traffic
shall be permitted beyond the point to which the estimate of Director of Public Works
is based.
4. Within one hundred eighty (180) days after subsequent application for a building
permit to construct any building or structure upon any building site within the block,
or upon the issuance of a certificate of occupancy for any such building or structure,
whichever occurs first, Subdivider shall also deposit an amount not less than the
estimate of the Director of Public Works for all Required Public Improvements from
existing improvements to the proposed building site, less any previous deposits made
under this agreement upon building sites lying between the most recent proposed site
and existing improvements.
In the event the Subdivider or any subsequent owner of the land fails to complete the
Required Public Improvements or to make such deposit within the required time, no
additional building permits shall be issued to the Subdivider or the subsequent owner
or to any other person to build or construct any building or structure in the
Subdivision until such default is remedied. In addition, the City may treat the amount
of such deposit as a debt due the City from the Subdivider or subsequent owner,
which debt shall be a lien upon all the land in the Subdivision and notice of lien may
be filed for record in the office of the County Clerk and Recorder at any time after
such default. Action upon such debt may be instituted by the City within six (6)
years from the date of filing such lien for record. All remedies provided for in this
agreement are cumulative and the use of one shall not prohibit the use of another.
DPW lot
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Cc
®III MJ�1lLY4l �I f� MU LE La'd��l AT hr,JG Y4� ®I III
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 detennined 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.
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
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
mill
aw;krti °r f
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
lots) 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 XII of
the Pueblo Municipal Code and the standards and specifications approved by City
Council ( "Omitted Public Improvement "), Subdivider shall not be released or
discharged from Subdivider's obligation to construct and install the Omitted Public
Improvement in the time and manner contained in this Agreement and Chapter 4,
Title XII of the Pueblo Municipal Code.
In order to determine whether or not there are Omitted. Public Improvements, the
following shall be applicable:
(a) If the Required Public Improvements are constructed and installed within ten
(10) years from the date hereof, or within a five year extension if granted in
writing by the Director of Public Works, then Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by the
City Council and interpreted as of the date hereof shall control, unless
adherence to a more recent standard does not require significant engineering
modifications or major revisions to the plans and documents.
For the purposes of this subsection, a major revision is defined as, but not
necessarily limited to the relocation or re- alignment of any curb and gutter,
sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or
type of sewer mains, inlets, curb and gutter or sidewalk.
(b) If the Required Public Improvements are constructed and installed after ten
(10) years from the date hereof, or after a five year extension if granted in
writing by the Director of Public Works, then Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by the
City Coucil and interpreted as of the date the Required Public Improvements
are constructed and installed shall control.
(c) If Chapter 4 of Title XII and /or the standards and specifications approved by
the City Council are modified or amended to conform with the requirements
of federal or state law, rules or regulations prior to the construction and
installation of the Required Improvements, they shall control as so modified
and amended.
15. Except for guarantee and obligation to correct defects required by Section 12-4 -
70)(9) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to
extend any obligation of the Subdivider beyond the date of written approval and
accepted by the Director of Public Works of the Required Public Improvements
described in attached Exhibit "B ", provided, however that the obligation of the
Developer to construct or install any Omitted Public Improvements will cease
following two (2) years from the date of acceptance of the Required Public
Improvements described in the attached Exhibit "B" by the Director of Public Works.
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
The foregoing instrument was acknowledged before me on
Pannunzio Inc. a Colorado Corporation
Subdivider
(SEAL) By.
Nick Pannunzio, Presiden
By:
My commission
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.
OF COLORADO
COUNTY OF PUEBLO
The foregoing instrument was
20
Preside of City Council, and
Pueblo, Colorado.
CITY OF PUEBLO, a Municipal Corporation
President of City Council
me this "LY1Gt day of
vlurrtur .as
as City Clerk of the City of
Witness my hand and official seal.
DPW iol
Dec.2007
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GalbertOr C D 0.00 T
lerk Reoortler, Pueblo County, Go
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—My commission expires:
Lit - �nvz
LORENE BRAVO -NEFF
NOTARY PUBLIC
3TAT����AOO Notary Public
APPROVED AS TO FORM:
m.—
City Attorney
DPW 101
Dec. 2007
SUBDIVISION NAME:
DEVELOPER:
ENGINEER:
PHASE 1
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
STREETS (O'NEAL AVENUE)
Asphalt (3" Asphalt on 11" Base)
Curb and Gutter
Square Pan Radius
7" Conc. Pan
Handicap Ramps
Sidewalk adjacent to Parcel H
Sidewalk adjacent to Parcel T
WATER
PVC Water Main
Services
Parcel T service
Fire Hydrant Assembly
SANITARY SEWER:
8" PVC Sewer Main
48" Manholes
Services
STORM SEWER:
8' Sidewalk Drain
8' Concrete Channel
STREET LIGHTS
MONUMENT BOX
BARRICADE (RELOCATE)
LAREDO AT PARKSIDE, FILING NO. 2
A SPECIAL AREA PLAN
PANNUNZIO, INC.
NORTHSTAR ENGINEERING AND SURVEYING, INC.
2,055 SY
@
$23.50 /SY =
$48,293
1,101 LF
@
$12.00 /LF =
$13,212
196 SF
@
$4.00 /SF =
$784
583 SF
@
$5.00 /SF =
$2,915
212 SF
@
$4.00 /SF =
$848
80 SF
@
$3.00 /SF =
$240
1,089 SF
@
$3.00 /SF =
$3,267
682 LF
@
$47.50 /LF =
$32,395
11 EA
@
$600.00 /EA =
$6,600
1 EA
@
$600.00 /EA =
$600
1 EA
@
$3,250.00 /EA =
$3,250
672 LF
@
$35.00 /LF =
$23,520
3 EA
@
$2,500.00 /EA =
$7,500
11 EA
@
$1,200.00 /EA =
$13,200
2 EA
@
$2,000.00 /EA =
$4,000
20 LF
@
$30.00 /LF =
$600
2 EA @ $1,450.00 /EA = $2,900
4 EA @ $655.00 /EA = $2,620
1 EA @ $250.00 /EA = $250
O'NEAL AVENUE 166 994
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GnelbertBOre-tiz B_ ler Coun
R kfRecorderr, Pueblo 0 t0, Co
■III ®1111
E
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: LAREDO AT PARKSIDE, FILING NO. 2
A SPECIAL AREA PLAN
DEVELOPER: PANNUNZIO,INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE 1
STREETS (O'NEAL PLACE)
Asphalt (3" Asphalt on 6" Base)
835 SY
@
$16.00 /SY =
$13,360
Curb and Gutter
741 LF
@
$12.00 /LF =
$8,892
Sidewalk adjacent to Parcels I &
136 SF
@
$3.00 /SF =
$408
WATER
PVC Water Main
443 LF
@
$47.50 /LF =
$21,043
Services
11 EA
@
$600.00 /EA =
$6,600
SANITARY SEWER:
8" PVC Sewer Main
410 LF
@
$35.00 /LF =
$14,350
48" Manholes
5 EA
@
$2,500.00 /EA =
$12,500
Services
11 EA
@
$1,200.00 /EA =
$13,200
STREET LIGHTS
1 EA
@
$1,450.00 /EA =
$1,450
MONUMENT BOX
2 EA
@
$655.00 /EA =
$1,310
STREET SIGNS
Regulatory
1 EA
@
$100.00 /EA =
$100
60' R.O.W. (T- Intersection)
1 EA
@
$325.00 /EA =
$325
O'NEAL PLACE 538
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SUBDIVISION NAME:
DEVELOPER:
ENGINEER:
PHASE 1
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
LAREDO AT PARKSIDE, FILING NO. 2
A SPECIAL AREA PLAN
PANNUNZIO, INC.
NORTHSTAR ENGINEERING AND SURVEYING, INC.
MISCELLANEOUS IMPROVEMENTS
PARK
Swale, includes earthwork, 8' low
flow pan and revegetation 486 LF
Parcel T Park 1.55 AC
Park boundary pathway 4,220 SF
@ $35.00 /LF = $17,010
@ $13,150.00 /AC = $20,383
@ $3.00 /SF = $12,660
MISC. IMPROVEMENTS $50,053
TOTAL PHASE 1 $310,584
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Gilbert Ortiz ClarklRecorder, Pueblo County, Co
®III hU�1P' ��N��taJu 'I��M��F��'I�i�l4�I�ARIJ�li4� ®1111
10
SUBDIVISION NAME
DEVELOPER:
ENGINEER:
PHASE 2
iww�wl w.11.111�t
Asphalt (3" Asphalt on 11" Base)
Curb and Gutter
Square Pan Radius
7" Conc. Pan
Handicap Ramps
Sidewalk adjacent to Parcel T
WATER
PVC Water Main
Services
Parcel T water service
Fire Hydrant Assembly
Remove and replace anode bed
SANITARY SEWER:
8" PVC Sewer Main
48" Manholes
Services
STORM SEWER:
8' Sidewalk Drain
8' Concrete Channel
STREET LIGHTS
MONUMENT BOX
BARRICADE (REMOVE)
LAREDO AT PARKSIDE, FILING NO. 2
A SPECIAL AREA PLAN
PANNUNZIO, INC.
NORTHSTAR ENGINEERING AND SURVEYING, INC.
2,263 SY
@
$23.50 /SY =
$53,181
1,196 LF
@
$12.00 /LF =
$14,352
536 SF
@
$5.00 /SF =
$2,680
1,215 SF
@
$5.00 /SF =
$6,075
771 SF
@
$4.00 /SF =
$3,084
951 SF
@
$3.00 /SF =
$2,853
616 LF
@
$47.50 /LF =
$29,260
7 EA
@
$600.00 /EA =
$4,200
1 EA
@
$600.00 /EA =
$600
1 EA
@
$3,250.00 /EA =
$3,250
1 LS
@
$2,000.00 /LS =
$2,000
573 LF
@
$35.00 /LF =
$20,055
3 EA
@
$2,500.00 /EA =
$7,500
7 EA
@
$1,200.00 /EA =
$8,400
1 EA
@
$2,000.00 /EA =
$2,000
10 LF
@
$30.00 /LF =
$300
2 EA
@
$1,450.00 /EA =
$2,900
2 EA
@
$655.00 /EA =
$1,310
2 EA
@
$200.00 /EA =
$400
O'NEAL AVENUE 164 400
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
17 SUED AG 05/08/2008 03:12:43 PM
Gi rt l l
Ortiiz C1er0Reoordeer, Pueblo 91- Co
11
SUBDIVISION NAME:
DEVELOPER:
ENGINEER:
PHASE 2
new �e•�.n iw�u r•w� wtr.n� ��
Asphalt (3" Asphalt on 6" Base)
Curb and Gutter
Sidewalk adjacent to Parcels K &
Sidewalk adjacent to Parcels M &
WATER
PVC Water Main
Services
SANITARY SEWER:
8" PVC Sewer Main
48" Manholes
Services
STREET LIGHTS
MONUMENT BOX
STREET SIGNS
Regulatory
60' R.O.W. (4- Way - Intersection)
LAREDO AT PARKSIDE, FILING NO. 2
A SPECIAL AREA PLAN
PANNUNZIO, INC.
NORTHSTAR ENGINEERING AND SURVEYING, INC.
1,201 SY
@
$16.00 /SY =
$19,216
1,037 LF
@
$12.00 /LF =
$12,444
127 SF
@
$3.00 /SF =
$381
133 SF
@
$3.00 /SF =
$399
798 LF
@
$47.50 /LF =
$37,905
16 EA
@
$600.00 /EA =
$9,600
748 LF @ $35.00 /LF = $26,180
10 EA @ $2,500.00 /EA = $25,000
16 EA @ $1,200.00 /EA = $19,200
1 EA @ $1,450.00 /EA = $1,450
3 EA
@
$655.00 /EA =
$1,965
2 EA
@
$100.00 /EA =
$200
2 EA
@
$435.00 /EA =
$870
O'NEAL CIRCLE $154,810
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
1768294 SUN AG 05/08/2008 03:12:43 PM
Page: 12 of 18 R 91.00 D 0.00 T 91.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
®III I���M1L4PId�a� �Ne+RIbUl�IAMa IIIIIA KIN 11111
12
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: LAREDO AT PARKSIDE, FILING NO. 2
A SPECIAL AREA PLAN
DEVELOPER: PANNUNZIO, INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE 2
STREETS (PLAINS STREET)
Asphalt (3" Asphalt on 7" Base)
196 SY
@
$17.00 /SY =
Curb and Gutter
93 LF
@
$12.00 /LF =
Sidewalk adjacent to Parcel T
40 SF
@
$3.00 /SF =
WATER
PVC Water Main
Services
Fire Hydrant Assembly
SANITARY SEWER:
8" PVC Sewer Main
Services
MONUMENT BOX
BARRICADE
STREET SIGNS
60' R.O.W. (T- Intersection)
70 LF @ $47.50 /LF =
2 EA @ $600.00 /EA =
1 EA @ $3,250.00 /EA =
$3,332
$1,116
$120
$3,325
$1,200
$3,250
78
LF
@
$35.00
/LF
= $2,730
2
EA
@
$1,200.00
/EA
= $2,400
2
EA
@
$655.00
/EA
= $1,310
1
EA
@
$940.00
/EA
= $940
1
EA
@
$325.00
/EA
= $325
PLAINS
STREET
$20,048
1768294 Sl1BD AG 05/08/2008 03:12:43 PM
Page: 13 of 19 R 91.00 D 0.00 T 91.00
Gilbert Ortz Clerk /Recorder, Pueblo County, Cc
®III NFAI'3 Wa AWIN hLhim AAMMI1mm 11111
13
SUBDIVISION NAME:
DEVELOPER:
ENGINEER:
PHASE 2
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
LAREDO AT PARKSIDE, FILING NO. 2
A SPECIAL AREA PLAN
PANNUNZIO, INC.
NORTHSTAR ENGINEERING AND SURVEYING, INC.
MISCELLANEOUS IMPROVEMENTS
PARK
Swale, includes earthwork, 8' low
flow pan and revegetation 462 LF
Parcel T Park 1.89 AC
Park boundary pathway 4,287 SF
@
$35.00
/LF =
$16,170
@
$13,150.00
/AC =
$24,854
@
$3.00
/SF =
$12,861
MISC. IMPROVEMENTS $53,885
TOTAL PHASE 2 $393,143
17 14 8294 l SUBD AG 05/08/2008 03:12:43 PM
G, .rt Ortiz C1erkRRecorder, Puebl T
o County. Co
®iii KFARNH111 A MIRAW NP1 'm 11111
14
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
DEVELOPER:
ENGINEER:
PHASE 3
STREETS (PLAINS STREET)
Asphalt (3" Asphalt on 7" Base)
Curb and Gutter
Sidewalk adjacent to Parcel 0
Sidewalk adjacent to Parcel T
WATER
PVC Water Main
Services
Fire Hydrant Assembly
SANITARY SEWER:
8" PVC Sewer Main
48" Manholes
Services
STORM SEWER:
4' Rear Lot Low Flow Pan
STREET LIGHTS
MONUMENT BQXX
BARRICADE (REMOVE)
STREET SIGNS
60' R.O.W. (T- Intersection)
LAREDO AT PARKSIDE, FILING NO. 2
A SPECIAL AREA PLAN
PANNUNZIO, INC.
NORTHSTAR ENGINEERING AND SURVEYING, INC.
1,391 SY
@
$17.00 /SY =
$23,647
745 LF
@
$12.00 /LF =
$8,940
120 SF
@
$3.00 /SF =
$360
495 SF
@
$3.00 /SF =
$1,485
490 LF
@
$45.00 /LF =
$22,050
18 EA
@
$600.00 /EA =
$10,800
1 EA
@
$3,250.00 /EA =
$3,250
513 LF @ $35.00 /LF = $17,955
3 EA @ $2,500.00 /EA = $7,500
18 EA @ $1,200.00 /EA = $21,600
390
LF
@
$13.00
/LF
= $5,070
1
EA
@
$1,450.00
/EA
= $1,450
4
EA
@
$655.00
/EA
= $2,620
1
EA
@
$200.00
/EA
= $200
1
EA
@
$325.00
/EA
= $325
PLAINS
STREET
$127,252
17 SUBD AG 05/08/2008 03:12:43 PM
1 of 13 R e D P T
CllerklRecortlrueblo County
rt Co
mill Ft4tK��h�J P .P1ti�i� MIlI4' lly1mllik ®I III
15
SUBDIVISION NAME:
DEVELOPER:
ENGINEER:
PHASE 3
STREETS (HIGHLAND AVENUE)
Asphalt (3" Asphalt on 7" Base)
Asphalt (3" Asphalt on 6" Base)
Curb and Gutter
Square Pan Radius
7" Conc. Pan
Handicap Ramps
Sidewalk adjacent to Parcel P
Sidewalk adjacent to Parcel T
WATER
PVC Water Main
Services
SANITARY SEWER:
8" PVC Sewer Main
48" Manholes
Cleanout
STORM SEWER:
8' Sidewalk Drain
8' Concrete Channel
8' Low Flow Pan
Rip Rap
STREET LIGHTS
• u ► :• 0
STREET SIGNS
Regulatory
LAREDO AT PARKSIDE, FILING NO. 2
A SPECIAL AREA PLAN
PANNUNZIO, INC.
NORTHSTAR ENGINEERING AND SURVEYING, INC.
514 SY
@
$17.00 /SY =
$8,738
717 SY
@
$16.00 /SY =
$11,472
855 LF
@
$12.00 /LF =
$10,260
198 SF
@
$5.00 /SF =
$990
558 SF
@
$5.00 /SF =
$2,790
211 SF
@
$4.00 /SF =
$844
120 SF
@
$3.00 /SF =
$360
894 SF
@
$3.00 /SF =
$2,682
587 LF
@
$45.00 /LF =
$26,415
1 EA
@
$600.00 /EA =
$600
686 LF
@
$35.00 /LF =
$24,010
2 EA
@
$2,500.00 /EA =
$5,000
1 EA
@
$500.00 /EA =
$500
2 EA
@
$2,000.00 /EA =
$4,000
20 LF
@
$30.00 /LF =
$600
115 LF
@
$30.00 /LF =
$3,450
5 CY
@
$55.00 /CY =
$275
1 EA @ $1,450.00 /EA = $1,450
1 EA @ $655.00 /EA = $655
1 EA @ $100.00 /EA = $100
HIGHLAND AVENUE $105,191
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
176 SUBD AG 05/08/2008 03:12:43 PM
Pa: of 18 R 91.00 Gilbert Cllerk /Reoo der, Pueb Count00 Co
®III NFATk4w4h EUMN01 & 11111
16
SUBDIVISION NAME:
DEVELOPER:
ENGINEER:
PHASE 3
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
PARK
Parcel T Park
Park boundary pathway
LAREDO AT PARKSIDE, FILING NO. 2
A SPECIAL AREA PLAN
PANNUNZIO, INC.
NORTHSTAR ENGINEERING AND SURVEYING, INC.
2.29 AC @ $13,150.00 /AC = $30,114
4,962 SF @ $3.00 /SF = $14,886
MISC. IMPROVEMENTS $45,000
TOTAL PHASE 3 $277,443
TOTAL ALL PHASES 981 170
Please refer to the Laredo at Parkside, Filing No. 1, A Special Area Plan, Subdivision
Improvements Agreement as recorded in the Pueblo County records for potential
improvements that may be required to be constructed in association with Laredo at Parkside,
176 1 l 8294 SUBO AG 05/08/2008 03:12:43 PM
Gi arl0rtiz Clerk /Reoo der, B 0.00 T
Pueblo Count Y , CO
0111 r��1Pt�M � ,rI t1E44WAS+.IUMWild ®IIII
17
PREPARED BY: MSW
FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC.
The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and Plans and
Specifications therefore constitute all of the public improvements required to be installed and constructed for the
Subdivision by 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 unit prices shown hereon are the most current unit
prices provided by the City of Pueblo.
/ -3Z) -L 3
Professional Engineer Date
En i Bring Division
REVIEWED BY:
7 ate orks e6 ' Z � Public or Da
1788294 SUED AG 05/08/2008 03:12:43 PM
Pa gge: 18 of 19 R 91.00 D 0.00 T 91.00
Gi l6art Ortiz Clerk /Recorder, Pueblo County, Cc
Reception 1768295
05/08/2008
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(PHASED CONSTRUCTION)
This Addendum shall be incorporated in and become a part of the
Subdivision Improvements Agreement for LarSoecialPArearPlan No. Z — ( 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 Ace a'
Pannunzio, Inc., a Colorado Corporation
Subdivider
DPW 103
1/6/04
1768296 AU0_AGR 06/08/2008 03:12:43 PM
page: 2 of, 3 R 16.00 0 0.00 T 16.00
Gi Ibart Ortiz Clerk /Recorder Pueblo
County, Co
By 'Q , ;�..Q_
Nick Pannunzio, President �—
C
STATE OF COLORADO
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this -I-*— day of
�Dr 200$ by Nick Pannunzio, President, Pannunzio, Subdivider.
Inc., a.Colorado Corporation
Witness my hand and official seal.
My commission expires:
SHANNON REED
[SEAL ] NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 2/7109
CITY OF PUEBLO,
a Municipal Corporation
By
President of the Council
DPW103
1/6/04
17 ADD AGR 05/08/2008 03:12:43 PA
GHlbert C1 rk3ReoorderO Pu.bl. l C.UrtttY, Co
jjjj jp1jflNYI ij4yf4jj j ��I�'�
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "A"
The Subdivider will develop the Subdivision in separate phases in the following sequence:
(a) Phase Ishall consist of the following lots within the Subdivision:
Lots 1 through 5, Block 1
Lots 1 through 12, Block 2
Lots 1 through 5, Block 3
Parcel C
(b) Phase 2 shall consist of the following lots within the Subdivision:
Lots 13 through 27, Block 2
Lots 6 through 10, Block 3
Lots 1 through 3, Block 4
Lot 1, Block 5
Lot 1, Block 6
Parcel B
(c) Phase 3 shall consist of the following lots within the Subdivision:
Lots 2 through 8, Block 5
Lots 2 through 8, Block 6
Lots 1 through 4, Block 7
Parcel A
DPW 103
1/6/04
Reception 1768296
05/08/2008
ADDENDUM
WHEREAS, the undersigned Declarant is the owner of all real property located
within Laredo at Parkside, Filing No. 2, ,
a Special Area Plan (the
"Special Area Plan'), and
WHEREAS, Declarant has or intends to record a declaration or other instrument
creating a common interest community pursuant to the Colorado Common Interest
Ownership Act for the real property within the Special Area Plan (the "Declaration'), and
WHEREAS, the Declaration is entitled "Declaration of Conditions Covenants,
Restrictions and Easements for Laredo at Parkside and
WHEREAS, the Declaration provides that an associates or unit owners'
association is or shall be organized under Section 38- 33.3 -301, C.R.S. (the
"Association "), and
WHEREAS, the City of Pueblo requires as a condition of the approval of the
Special Area Plan that the Declarant clarify the duties and obligations of the unit owners
and the Association with respect to public improvement and /or common area
improvements within the Special Area Plan, the maintenance, repair and replacement of
which the City will not undertake or be responsible for.
NOW, THEREFORE, in consideration of the foregoing and City of Pueblo's
approval of the Special Area Plan, Declarant hereby amends the Declaration by the
addition of the following covenant which shall be incorporated in the Declaration and
made a part thereof:
Association shall be responsible for the maintenance, repair, and replacement of
all drainage structures or facilities, and all other public improvements required by
the City of Pueblo as a condition of the approval and development of the Special
Area Plan or any part thereof ("Public Improvements") as well as all common
area and common area improvements shown on the plat of the Special Area Plan
or any part thereof or described in the Declaration ( "Common Area
Improvements "), except those Public Improvements which have been dedicated to
and accepted in writing by the City of Pueblo for the purpose of maintenance,
repair, or replacement. If the Public Improvements and/or Common Area
Improvements are not properly maintained, repaired, or replaced by the
Association, the City of Pueblo may, but shall have no obligation to (a) institute
legal proceedings in its name against the Association and /or owners of real
property within the Special Area Plan in the Pueblo County District Court to
specifically require the Association and /or owners of real property within the
Special Area Plan to maintain, repair, or replace the Public Improvements and /or
Common Area Improvements and to impose and collect assessments and fees
therefor in accordance with the provisions of the Declaration and the Colorado
Common Interest Ownership Act; and for such purpose, the Association and all
DPW 112
02/06/02
17 ADDEN 06/08/2008 03:12:43 PM
Gilbert2Ortiz Cou
2Cierk1Reoarder0 Pueblo l a 6 ty- Co
■III pr1KVt1'U4ftiSUN wavAM1 1M 11110 11111
owners of real property within the Special Area Plan consent to the jurisdiction of
that Court and the right and standing of the City of Pueblo to institute and proceed
with such legal proceedings, or (b) perform such maintenance, repair, or
replacement as the City of Pueblo in its sole discretion may determine and impose
a lien for all costs thereof incurred by the City of Pueblo plus an administrative
fee of fifteen percent (15 %) upon all the real property located within the Special
Area Plan. City's lien shall have the same priority and may be collected in the
same manner as a lien for assessments pursuant to Section 38- 33.3 -316, C.R.S., or
as same may be amended. Failure of the City of Pueblo to enforce this covenant
shall not subject the City of Pueblo to any liability for such failure. In the event
any action is instituted to enforce this covenant, the Court shall award the
prevailing party its cost and expenses, including reasonable attorney's fees.
This Addendum shall be recorded contemporaneously with the recording of the
Special Area Plan and Declaration and shall be and be construed to be a covenant running
with the land within the Special Area Plan and binding upon Declarant and the owners of
the land within the Special Area Plan, and their respective heirs, personal representatives,
successors, and assigns.
Executed the 9 i '' ° day of (-'�r PM % I- , Z ° ° $
DECLARANT
Pannunzio Inc a Colorado Corporation
Name
By tn. -�Q
Name: Nick Pannunzio
Title:
STATE OF COLORADO
President
) ss.
COUNTY OF PUEBLO )
T e foregoing instrument was acknowledged before me this day of
, 2008 by Nick Pannunzio
as President of Pannunzio, Inc.,
a Colorado Corporation
Witness my hand and official seal.
My Commission Expires: aL7 /o g
S HpNr""PUgUv Public
NO TARY L
OF GO al'nDa
DPW 112 S�A���1selonE 08
02/06/02