HomeMy WebLinkAbout07851Reception 1810224
06/29/2009
ORDINANCE NO. 7851
AN ORDINANCE APPROVING THE WALKING STICK
VISTA, FILING NO. 2, SUBDIVISION PLAT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Walking Stick Vista Subdivision, Filing No. 2 being a
subdivision of land legally described as:
A resubdivision of a portion of Walking Stick Vista, Filing No. 1 located in a
portion of the S''Y2 of Section 8, Township 20 South, Range 64 West of the
6 1h P.M. in the County of Pueblo and State of Colorado and being more
particularly described as follows:
All of Lot 1 Block 5 in Walking Stick Vista, Filing No. 1 according to the
recorded plat thereof as filed for record at Reception No. 1765211 in the
Pueblo County Records.
Said Parcel containing 7.92 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.
Upon the recommendation by the Planning and Zoning Commission this
Ordinance is approved with the following condition:
Parcel "A° is to serve as a privately developed and Homeowner Association maintained
park area.
SECTION 3.
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 4.
0
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
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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 5.
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)
conditions of Section 2 have been met and complied with, (c) the final subdivision plat is
recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and
approvals have been deferred pursuant to Section 12-4 -5 (B) (2) of the Pueblo
Municipal Code, and are not for any reason filed and approved within one (1) year after
final passage of this Ordinance, or within any extended period granted by Resolution of
the City Council, this Ordinance shall automatically be rescinded and repealed thirty
(30) days after written notice of such rescission and repeal is given to the Subdivider.
No vested rights shall accrue to the subdivision or be acquired until this Ordinance
becomes effective.
INTRODUCED: July 14, 2008
BY: Judy Weaver
COUNCIL PERSON
APPR OVED: �-
- - - PRESIDENT OF CITY COUNCIL
ATTESTED BY: \
TY CLERK
PASSED AND APPROVED: July 28. 2008
®rd..
Background Paper for Proposed
ORDINANCE
AGENDA ITEM #
DATE: JULY 14, 2008
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE APPROVING THE WALKING STICK VISTA, FILING NO. 2,
SUBDIVISION PLAT
ISSUE
Shall City Council approve a request to resubdivide Lot 1 into 31 residential lots to
facilitate the development of attached single - family homes?
RECOMMENDATION
The Planning and Zoning Commission, at their June 11, 2008 regular meeting, voted 6-
0 to recommend approval with the following condition:
Per the memorandum issued by Rich Zajac, Director of Parks & Recreation, Parcel "A"
is to serve as a privately developed and Homeowner Association maintained park area.
BACKGROUND
Walking Stick Vista, Filing No. 1 was approved by City Council on January 14, 2008.
The 166.28 -acre subdivision created 113 residential lots, multiple drainage parcels and
two areas reserved for future development. Lot 1 of Block 5 is subdivided as a 7.92 -
acre lot reserved for higher density residential development of up to 3.5 dwelling units
per acre. Walking Stick Vista, Filing No. 2 proposes to resubdivide Lot 1 into 31
residential lots to facilitate the development of attached single - family homes.
FINANCIAL IMPACT
None.
Reception 1810226
06/29/2009
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on a 00 4 � between the
CITY OF PUEBLO, a Municipal Corporation ( "City "), and
Encore Communities USA, LLP, a Colorado Limited Liability Partnershi
( "Jubcllvlder" ).
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
Walking Stick Vista Filing No 2
( - iubo1visiori'), 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:
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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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.
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.
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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) 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
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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 "13" 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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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.
Encore Communities USA LLP a Colorado Limited
Subdivider Liabi ity P rtnership
(SEAL) B f ��
Larry Belkin, Partner
By:
The foregoing instrument was acknowledged before me on A
�, /a
,20!!2 by Larry Belkin Partner Encore Communities USA LLP Subdivider.
a Colorado Limited Liability partnership
My commission expires: 5
PU2 LIC
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Ely cot^1n;a>io ;l c ru -i ll
A ST:
� aoQ�A��� o l�
City erk
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was a
Su h C. 200
President of City Council, and
Pueblo, Colorado.
T�of ary Public /mot G/ Akf.
tDi -b /o, GD $Ipoc
- -ITY OF PUEBLO, a Municipal Corporation
By: it
President of City ouncil
before me this o7 % � day of
'ra 00-4t50r ,as
as City Clerk of the City of
Witness my hand and official seal.
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My commission expires:
{SEAL]
^ 'APPROVED AS TO FORM:
9 11112,91 1
Notary .
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City Attorne
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EXHIBIT "A"
WALKING STICK VISTA, FILING NO. 2
LAND DESCRIPTION
A resubdivision of a portion of Walking Stick Vista, Filing No. 1 located in a portion of
the S 1 /2 of Section 8, Township 20 South, Range 64 West of the 6th P.M. in the County
of Pueblo and State of Colorado and being more particularly described as follows:
All of Lot 1 Block 5 in Walking Stick Vista, Filing No. 1 according to the recorded plat
thereof as filed for record at Reception No. in the Pueblo County Records.
Containing 7.92 acres, more or less.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 Street
Pueblo, Colorado 81003
April 1, 2008
IN 07 022 06
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: WALKING STICK VISTA, FILING NO. 2
IN 0702206
DEVELOPER: ENCORE COMMUNITIES (USA) INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
VILETTA CARING CIRCLE
3" Asphalt over 6" Base Course
5200 SY
@
$16.00
/SY =
$83,200
Curb and Gutter
3540 LF
@
$12.00
/LF =
$42,500
Handicap Ramp
1400 SF
@
$4.00
/SF
$5,600
Tactile bands
10 EA
@
$350.00
/EA
$3,500
Square Pan Radius +7" Conc. Pani
800 SF
@
$5.00
/SF
$4,000
Sidewalk
14160 SF
@
$3.00
/SF
$42,500
WATER
8" PVC Water Main
1800 LF
@
$47.50
/LF =
$85,500
Service
31 EA
@
$600.00
/EA =
$18,600
Fire Hydrant Ass'y
2 EA
@
$3,250.00
/EA =
$6,500
SANITARY SEWER:
8" PVC Sewer Main
1580 LF
@
$35.00
/LF =
$55,300
Services
30 EA
@
$1,200.00
/EA =
$36,000
48" Manholes
13 EA
@
$2,500.00
/EA =
$32,500
STORM SEWER
18" RCP
56 L.F.
@
$41.00
/LF =
$2,300
24" RCP
36 L.F.
@
$44.00
/LF =
$1,600
30" RCP
170 L.F.
@
$66.00
/LF =
$11,300
Type I -B Manhole
0 EA
@
$2,465.00
/EA =
$0
Type S Inlet L =10'
3 EA
@
$4,060.00
/EA =
$12,200
Rip -Rap
12 CY
@
$55.00
/CY =
$700
Flowable -Fill
4 CY
@
$75.00
/CY =
$300
UNDERDRAIN
6" SDR 35 Main w/ steel cover c.o
1590 L.F.
@
$30.00
/LF =
$47,700
Services
30 EA
@
$800.00
/EA =
$24,000
STREET LIGHT
5 EA
@
$1,450.00
/EA =
$7,300
MONUMENT BOX
1 EA
@
$655.00
/EA =
$700
SIGNAGE
T- Intersection (60' R -O -W)
3 EA
@
$325.00
/EA =
$1,000
4- Way - Intersection (60' R -O -W)
0 EA
@
$435.00
/EA =
$0
4- Way - Intersection (80' R -O -W)
0 EA
@
$435.00
/EA =
$0
SUBTOTAL 5524,800
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: WALKING STICK VISTA, FILING NO. 2
IN 0702206
DEVELOPER: ENCORE COMMUNITIES (USA) INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
VILLETTA CARINO COURT
Curb and Gutter
WATE
Service
80 LF @ $12.00 /LF =
5 EA @ $600.00 /EA =
$1,000
Services
UNDERDRAIN
Services
MONUMENT BOX
T- Intersection (60' R -O -W)
$3,000
5 EA @
$1,200.00 /EA =
$6,000
5 EA @
$800.00 /EA =
$4,000
1 EA @
$655.00 /EA =
$700
1 EA @
$325.00 /EA =
$400
SUBTOTAL
$15,100
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Gilbert Ortiz ClerklRecorder, Pueblo County, �Co W,`
®IIIRY�'aP1�PUIX RIALIC M$1 IMU18�1i 11 III
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: WALKING STICK VISTA, FILING NO. 2
JN 0702206
DEVELOPER: ENCORE COMMUNITIES (USA) INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
471th STREET (SOUTH HALF AT 100TH BUILDING PERMIT)
7" Asphalt over 16" Base Course
560 SY
@
$41.00 /SY =
$23,000
2" Overlay
6700 SY
@
$8.26 /SY =
$55,400
Curb and Gutter
5000 LF
@
$12.00 /LF =
$60,000
Asphalt removal
1200 SY
@
$41.00 /SY =
$49,200
Handicap Ramp
720 SF
@
$4.00 /SF
$2,900
Tactile bands
6 EA
@
$350.00 /EA
$2,100
Pavement Marking
2500 LF
@
$1.35 /LF =
$3,400
WATER
16" PVC Water Main
260 LF
@
$47.50 /LF =
$12,400
STREET LIGHT
3 EA
@
$1,450.00 /EA =
$4,400
MONUMENT BOX
5 EA
@
$655.00 /EA =
$3,300
SUBTOTAL $216,100
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Gi ert Ortiz Clerk /Recorder, Pueblo County, Cc
0111) PIl X111' WAMMALMISIMCHBllil
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: WALKING STICK VISTA, FILING NO. 2
JN 0702206
DEVELOPER: ENCORE COMMUNITIES (USA) INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
OUND -A -BOUT (INITIAL CONSTRUCTION AT 100TH BUILDING
5" Asphalt over 16" Base Course
900 SY
@
$36.00 /SY =
$32,400
Curb and Gutter
1280 LF
@
$12.00 /LF =
$15,400
Sidewalk
4500 SF
@
$3.00 /SF
$13,500
Handicap Ramp
360 SF
@
$4.00 /SF
$1,500
Tactile bands
3 EA
@
$350.00 /EA
$1,100
Pavement Marking (arrows)
6 EA
@
$85.00 /EA =
$600
Pavement Marking
600 LF
@
$1.35 /LF =
$900
Truck Apron
2600 SF
@
$6.00 /SF
$15,600
WATER
16" PVC Water Main
300 LF
@
$47.50 /LF =
$14,300
Fire Hydrant Ass'y
1 EA
@
$3,250.00 /EA =
$3,300
Service (2" irrigation)
1 EA
@
$600.00 /EA =
$600
SANITARY SEWER:
8" PVC Sewer Main
70 LF
@
$35.00 /LF =
$2,500
STORM SEWER
24" RCP
326 L.F.
@
$44.00 /LF =
$14,400
Type I -B Manhole
1 EA
@
$2,465.00 /EA =
$2,500
Type S Inlet L =10'
1 EA
@
$4,060.00 /EA =
$4,100
OOx 3 EA @ $655.00 /EA = $2,000
4 EA @ $1,450.00 /EA = $5,800
SIGNAGE
4 -Way Intersection 2 EA @ $435.00 /EA = $900
BARRICADES
L =24' 1 EA @ $1,280.00 /EA = $1,300
SUBTOTAL $132,700
1810226 Sl1BD AG 06/29/2009 03:27:26 PM
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Gilbert Ortiz CierklReoorder, Puebla County, Co
1111 �wJD,FUi'kVI LNLIru jai jai �l+a
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
WALKING STICK VISTA, FILING NO. 2
JN 0702206
DEVELOPER:
ENCORE COMMUNITIES (USA) INC.
ENGINEER:
MISCELLANEOUS
NORTHSTAR ENGINEERING AND SURVEYING, INC.
GRADING
Total Site Grading
18,000 CY @ $3.00 /CY = $54,000
BID SWALE
Retaining Wall
140 LF @ $50.00 /LF = $7,000
Rip -Rap
60 CY @ $55.00 /CY = $3,300
LANDSCAPING
Park Sites with Irrigation
2 AC @ $50,000.00 /AC = $100,000
EROSION AND SEDIMENT CONTROL
Erosion and Sediment Control
$18,288
POWER LINE
Underground -Ex. Overhead line
1 LS @ $250,000.00 /LS = $250,000
SUBTOTAL $432,588
1810226 SUBD AG 06/29/2009 03:27:26 PM
Pa 14 of 15 R 76.00 D 0.00 T 76.00
Gilbert Ortiz ClerklReoorder, Pueblo County, Co
®III P 'a *,M1 Mt N t M111 ®1111
IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: WALKING STICK VISTA, FILING NO. 2
JN 0702206
DEVELOPER: ENCORE COMMUNITIES (USA) INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
TOTAL PROJECT: 1 32 2288
This is an estimate only. Actual construction costs may vary.
PREPARED BY: MLC
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.
LICEN
Cr
U
199 c u
��
Professional Engineer Date
REVIEWED BY:
Waste ate Department
REVIEWED BY:
Director of Public Works Date
1810226 SI18D AG 06/29/2009 03:27:25 PM
Page: 15 of 15 R 76.00 D 0.00 T 76.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
®111r.6FlUU11,h1V*M11AM YJM%MMij 11111
i
Board of Water Wo
Reception 1810227
06/29/2009
ADDENDUM TO SUBDIVISION IMPROVEMENT AGREEMENT
THIS ADDENDUM entered into by and between the City of Pueblo, a municipal
corporation, acting by and through its Director of Public Works ( "City ") and Encore
Communities USA, LLP, a Colorado Limited Liability Partnership ( "Subdivider ").
WHEREAS, Subdivider and City entered into a Subdivision Improvements
Agreement ( "Subdivision Improvements Agreement ") and related Addenda thereto for
Walking Stick Vista, Filing No. 2 ( "Subdivision "); and
WHEREAS, City is willing to cooperate with Subdivider and grant its request to
allow the deferment of the construction of 47 Street for this Subdivision.
WHEREAS, Subdivider desires to commence construction of the south one -half
of 47 Street, including the south curb and gutter and the south one half of the median, a
2" overlay of the "Pioneer Road" and round -a -bout median curb and gutter including one
travel lane at the intersection of 47 Street and Walking Stick Boulevard, at the time of
the issuance of the 100 building permit in the Subdivision and Walking Stick Vista,
Filing No. 1.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants
contained herein, City and Subdivider agree as follows:
The Subdivision Improvements Agreement including Addendum and Exhibits
thereto as amended and modified by this shall remain in full force and effect
and the covenants of the Subdivision Improvements Agreement and this
Addendum shall run with the land in 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.
2. Subdivider shall commence construction of the south one -half of 47 Street,
including the south curb and gutter and the south one half of the median, a 2"
overlay of the "Pioneer Road" and round -a -bout median curb and gutter
including one travel lane at the intersection of 47 Street and Walking Stick
Boulevard, at the time of the issuance of the 100 building permit in the
Subdivision and Walking Stick Vista, Filing No. 1.
18 ADD_AGR 06/29/2009 03:27:26 P11
Gl /Reccorder, Pueblo 1 ounn Cc
Executed at Pueblo, Colorado as of a'AQe_ a. , 2009.
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
CITY OF PUEBLO,
a Municipal Corporation
By
Director of Public Works
The foregoing instrument was acknowledged before me the D day of
2009 by U/f) kin-S M Director of Public Works.
Witness my hand and official seal.
expires: L} (�;v 4
Encore Communities USA, L,LPP, as Colorado Limited Liability Partnership
By: �
Larry Belkin
Title: Partner
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me the day of
m , 2009 by Larry Belkin, partner of Encore Communities USA, LLP, a
Colora ddLimited Partnership, Subdivider. Witness my hand and official seal.
My commission expires: 5 -oZ/'..O //
0.
q 6c
r
:c.
ADO
_.
Encore Communities USA, L,LPP, as Colorado Limited Liability Partnership
By: �
Larry Belkin
Title: Partner
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me the day of
m , 2009 by Larry Belkin, partner of Encore Communities USA, LLP, a
Colora ddLimited Partnership, Subdivider. Witness my hand and official seal.
My commission expires: 5 -oZ/'..O //
Notar c la 4 RW4 R✓6
PvEb /o, w Brody
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urn t
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Notar c la 4 RW4 R✓6
PvEb /o, w Brody
1810227 ADD AGR 06/29/2009 03:27:26 PM
Pa ge: 3 of 3 R 16.00 D 0.00 T 16.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
®III F AM P016X VIA NOMIRWAU4 11111
SUN .\
CITY OF PUEBLO, a Municipal Corporation
By:
President of q1ty Council
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 2Z� day of
hL 2062 by keA O. -fryo— as
President of City Council, and (ri Da {c tier as City Clerk of the
City of Pueblo, Colorado. Witness my hand and official seal.
a
My commis slon.expires: 911/ Z2-011
6�
C
Yti j '
APPROVED AS TO FORM:
(�
City Atto
Reception 1810228
06/29/2009
ADDENDUM TO SUBDIVISION IMPROVEMENT AGREEMENT
THIS ADDENDUM entered into by and between the City of Pueblo, a municipal
corporation, acting by and through its Director of Public Works ( "City ") and Encore
Communities USA, LLP, a Colorado Limited Liability Partnership ( "Subdivider ").
WHEREAS, Subdivider and City entered into a Subdivision Improvements
Agreement ( "Subdivision Improvements Agreement') and related Addenda thereto for
Walking Stick Vista, Filing No. 1 ( "Subdivision "); and
WHEREAS, City is willing to cooperate with Subdivider and grant its request to
allow the deferment of the acquisition and dedication of the Walking Stick Boulevard
right -of -way through THE BOARD OF GOVERNORS OF THE COLORADO STATE
UNIVERSITY SYSTEM, a university governing board, acting by and through Colorado
State University - Pueblo ( "University ") owned property for this Subdivision.
WHEREAS, Subdivider desires to acquire Walking Stick Boulevard right -of -way
through University owned property and dedicate or deed said right -of -way to the City
prior to recordation of the resubdivision of Parcel I.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants
contained herein, City and Subdivider agree as follows:
I. The Subdivision Improvements Agreement including Addendum and Exhibits
thereto as amended and modified by this shall remain in full force and effect
and the covenants of the Subdivision Improvements Agreement and this
Addendum shall run with the land in 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.
2. Subdivider shall acquire Walking Stick Boulevard right -of -way through
University owned property and dedicate or deed said right -of -way to the City
prior to recordation of the resubdivision of Parcel I.
1810228 ADD_RGR 06/29/2009 03:27:26 PM
Pan 2 of 3 R 15.00 D 0.00 T 16.00
Gi ert Ortiz Clerk /Recorder, Pueblo County, Cc
®III rXM FU 1AWAWIN I'm WAH 11111
Executed at Pueblo, Colorado as of S a '3 . , 2009.
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
CITY OF PUEBLO,
a Municipal Corporation
By
Director of Public Works
The foregoing instrument was acknowledged before me the as day of
2009 by a Director of Public Works.
',,1y hand and official seal.
' : B 'e�om
° RA OO
SUBDIVIDER:
expires: L} JaW IaD1 �" L
Notary Public
Encore Communities USA, LLP, a Colorado Limited Liability Partnership
By: �/� 4X 1
Larry Belkin
Title: Partner
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me the / day of
, 2009 by Larry Belkin, partner of Encore Communities USA, LLP, a
Colorado Limited Liability Partnership, Subdivider. Witness my hand and official seal.
My commission expires:
t Notary Public !e;01 c lwet'lmf AV
Pd�6 /a, LD �iooy
INycamra Gr s;;J;;r, 21 - 2013
• r
18 ADD _HGR 06/29/2009 03:27:26 PM
G1lbert Z /Recorder, Pueblo 1 Counn0y, CO
®III
CITY OF PUEBLO, a Municipal Corporation
By:
President of CRY Council
ATT T:
City C1 w
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The fobr going instrument was acknowledged before me this 46, day of
J 'h C- , 200 by as
President of City Council, and G-/ ' k-,11- (��f ��e r- as City Clerk of the
City of Pueblo, Colorado. Witness my hand and official seal.
My commission expires: E11112-0
S
EL !IM.
APPROVED AS TO FORM:
City Attomey
Reception 1810229
05/29/2009
DECLARATION OF COVENANTS CONCERNING
Drainage EASEMENTS FOR
(type of easement)
Walking Stick Vista, Filing No. 2
(name of subdivision)
THIS DECLARATION OF COVENANTS is made as of
by Encore Communities USA, LLP, a Colorado Limited
Liability Partnership , 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 drainage facilities
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 Walking Stick Vista, Filing No. 2 3
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 of subdivision.
DPW 105
02/05/02
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Gilbert Ortiz ClerklReoorder, Pueblo County, Co
®III rJO YMM'X IIt VNI V WiRW+I 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's cost and administrative charge shall become a perpetual lien
on all the Lots within the Subdivision upon recording in the office
of the Pueblo County Clerk and Recorder a statement of lien
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
1810229 DEC C 06/29/2009 03:27:26 PM
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Gilbert Ortiz Clerk /Recorder. Pueblo County, Cc
3. Binding Effect ®III IVi P:11 MAIP AMIR IM M IMIN4 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
1810229 DEC_C 06/29/2009 03:27:26 PM
Page:
Gilbert Ortiz Clerkf Recorder, Pueblo County, Co
7. Applicable Law ®III KFIVIAMIV, IM IV V1 V9V IVS 44Ptih 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 written.
,—; ( G 3
Durant `�" T
COUNTY OF PUEBLO )
)ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this � day of
j l e 2 4 �)V by Larry Belkin, Partner, Encore Communities USA LLP
a Colorado Limited Liability Partnership
Witness my hand and official seal.
My commission expires: S e2/ 0Z0//
(SEAL) ✓' `� "'` "� �'/ Notary Pdblic IAO/ G/aA6�/DN�
h1y lxmm.swon cxp r:?s 5 -21 -2011
DPW 105 ¢
02/05/02