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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 18 M 10224 ORD 06/29/2009 03:27:26 P 9g Gilbert 2 0r�tiz 2 C1erkiRe0Dr�r0 Pueblo County, Co ®III K PN IWAY t'IMIA H tV+IAWM lky h 1111 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 DPW 101 Dec 2007 18 SUBO_gG 06/29/2009 03:27:26 PM Galye, t20 of z Recorder, Pue610 0 7 p 6 ^00 Co Ell, A "iPl°fIPJI�h �W Mi 11111 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. DPW 101 Dcc.2007 ' 1810226 SUBD AG 06/29/2009 03:27:26 PM Pa ge: 3 of 15 R 76.00 D 0.00 T 76.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co 1111 N� ONWIA1141 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 DPW 101 3 Dec.2007 1810226 SUBD AG 06/29/2009 03:27:26 PM Page: 4 of 15 R 76.00 D 0.00 T 76.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co 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 DPW 101 Dec 2007 1810226 SUBD_AG 06/29/2009 03:27:26 PM Pa 5 of 15 R 76.00 0 0.00 T 76.00 Gilbert Ortiz Clerk /Reoorder, Pueblo County, Co ®IIIhY'�YY1iYJi' FIB t¢i�'1�41�;hh+i°Ir�4'1�8�Ir�l �I��L ®1111 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. DPW 101 Dec.2007 1810226 SUED AG 06/29/2009 03:27:26 PM Pa 6 of 1S R 78.00 D 0.00 T 76.00 Gilbert Ortiz Clerk /Recorder, Puebla County, Cc 1111 K Fnipul PhWal #6 Il h 11111 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 . - �rires r n 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. DPW 101 Dec.2007 My commission expires: {SEAL] ^ 'APPROVED AS TO FORM: 9 11112,91 1 Notary . �9;� - City Attorne 1610226 SURD AG 06/29/2009 03:27:26 PM Pagge: 7 of 15 R 76.00 D 0.00 T 76.00 Gilbert Ortiz Clerk /Recorder. Pueblo County. Co DPW IN Dec. 2007 181 SUBO AG 06/29/2009 03:27:26 PM Galbert C1erkklRecorderr, Pueblo Co6 ^00 Co Mill NAMINI'Ml +f0011111ONW10VIMWi Hsi 11111 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 1810226 SUBD AG 06/29/2009 03:27:26 PM Page: 9 of 15 R 76.00 D 0.00 T 76.00 Giibert Ortiz Clerk /Recorder, Pueblo County, Co ®III M Ah 11111 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 18 SUBD AG 06/29/2009 03:27:26 PM G116e rt lOrtiz C 0 of der, Pueblo blo C u6i00 CO ®III Kp aJi KUVCN%1?N MIN IWA W-mi 11111 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 1810226 SUBD AG 06/29/2009 03:27:26 PM Page: it of 15 R 76.00 D 0.00 T 76.00 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 1810225 SUBD AG 06/29/2009 03:27:26 PM Page: 12 of 15 R 76.00 D 0.00 T 76.00 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 Page: 13 of 15 R 76.00 D 0.00 T 76.00 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 r � t T 5 , urn t t t ...... .... _ . .... 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 1810229 DEC _C 06/29/2009 03:27:26 PM Page: 2 of 4 R 21.00 D 0.00 T 21.00 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 Pan 3 of 4 R 21.00 D 0.00 T 21.00 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