HomeMy WebLinkAbout07931Reception 1791634
12/29/2008
ORDINANCE NO. 7931
AN ORDINANCE APPROVING THE MICHAEL'S
SUBDIVISION PLAT, FIRST FILING
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Michael's Subdivision being a subdivision of land legally
described as:
A resubdivision of a portion of Thatcher and Gast's Subdivision and State Addition to
Pueblo and located in the County of Pueblo, State of Colorado and being more
particularly described as follows:
Considering the West line of Lot 8, Block 18 in State Addition to Pueblo to bear N.
01 0 27'21" W. and all bearings contained herein being relative thereto.
Beginning at the Southeast corner of Lot 1, Block 2 in Ladd Subdivision Filing No 1
according to the recorded plat thereof as filed for record at Reception No. 568733 in the
Pueblo County records said point also being on the Westerly right -of -way line of West
Street as presently located and the North line of Lot 1, Block 1 in State Addition to
Pueblo according to the recorded plat thereof as filed for record on January 28, 1878;
thence S. 88 0 32'39" W. along the South line of Lot 1, Block 2 in said Ladd Subdivision
Filing No 1, distance of 125.52 feet; thence S. 01 0 23'21" E., continuing along the
Southerly line of Lot 1, Block 2 in said Ladd Subdivision Filing No. 1, a distance of 12.39
feet to a point on the Northerly line of Lot 1, Block 2 in Thatcher and Gast's Subdivision
according to the recorded plat thereof as filed for record at Reception No. 45858 in the
Pueblo County records; thence S. 89 0 14'35" W., along the Northerly line of Lot 1, Block
2 in said Thatcher and Gast's Subdivision, a distance of 224.59 feet to the Northwest
corner of Lot 1, Block 2 in said Thatcher and Gast's Subdivision; thence S. 00 °45'25" E.,
along the Westerly line of Lots 1, 2, 3 and 4 in said Thatcher and Gast's Subdivision, a
distance of 118.34 feet; thence N. 89 °22'16" E., a distance of 351.55 feet to a point on
the Westerly right -of -way line of said West Street; thence N. 00 °37'57" W., along the
Westerly right -of -way line of said West Street, a distance of 128.00 feet to the Point of
Beginning.
Containing 0.97 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.
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SECTION 3.
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
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 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: November 10, 2008
r FY'CO(p C A
BY: Randy Thurston
COUNCIL PE ON
° °,,
I ._ APPROV
PRESIDENT OF CITY COUNCIL
PASSED AND APPROVED: November 24, 20 08
E ������ L
MOW
Background Paper for Proposed
ORDINANCE
DATE: NOVEMBER 10, 2008
AGENDA ITEM # 29
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE APPROVING THE MICHAEL'S SUBDIVISION PLAT, FIRST FILING
ISSUE
Shall City Council approve a request to resubdivide a portion of the old Thatcher and
Gast's (1890) and State Addition (1878) Subdivisions to facilitate redevelopment of the
site?
RECOMMENDATION
The Planning and Zoning Commission, at their October 8, 2008 regular meeting, voted
5 -0 -1 to recommend approval.
BACKGROUND
The proposed subdivision is a resubdivision of a portion of the old Thatcher and Gast's
(1890) and State Addition (1878) Subdivisions. Michael's Subdivision consists of one
.63 -acre lot and one .34 -acre parcel. It is the intention of the developer to
systematically resubdivide and improve the entire shopping center located between
Midtown Circle, West Street, 4 Street and 6 Street. A professional office complex has
been proposed for Lot 1, and a plat note prohibits development for Parcel A because it
does not front a public street or road. The purpose of the subdivision is to facilitate
redevelopment of the site, which is currently used as an expansive parking area for the
surrounding businesses.
FINANCIAL IMPACT
None.
Reception 1791636
12/29/2008
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on oalr�. use.. , 2110a between the
CITY OF PUEBLO, a Municipal Corporation ( "City "), and
Central Pueblo Cent T a Colorado Limited Liability Company
("Subdivider ").
RECITALS
WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land
located in the City and legally described in attached Exhibit "A "; and
WHEREAS, the Subdivider, as a condition of approval of the final plat of
Michael's Subdivision, 1st Filing
( "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:
I. Subdivider agrees within one hundred and eighty (180) days after applying for a
building permit to construct any building or structure on any building site within the
Subdivision, or upon the issuance of a certificate of occupancy for any such building
or structure, whichever occurs first, to construct and install at its sole cost all of the
Required Public Improvements.
2. In lieu of installing the Required Public Improvements within the time period
prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any
portion thereof shall deposit cash or other collateral with the City Director of Finance,
or with any bank or trust company licensed in the State of Colorado, subject to an
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
1111 M6ru�u��rira�tn�r�a�i ,��ri��
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.
Within one hundred eighty (180) days after subsequent application for a building
permit to construct any building or structure upon any building site within the block,
or upon the issuance of a certificate of occupancy for any such building or structure,
whichever occurs first, Subdivider shall also deposit an amount not less than the
estimate of the Director of Public Works for all Required Public Improvements from
existing improvements to the proposed building site, less any previous deposits made
under this agreement upon building sites lying between the most recent proposed site
and existing improvements.
5. In the event the Subdivider or any subsequent owner of the land fails to complete the
Required Public Improvements or to make such deposit within the required time, no
additional building permits shall be issued to the Subdivider or the subsequent owner
or to any other person to build or construct any building or structure in the
Subdivision until such default is remedied. In addition, the City may treat the amount
of such deposit as a debt due the City from the Subdivider or subsequent owner,
which debt shall be a lien upon all the land in the Subdivision and notice of lien may
be filed for record in the office of the County Clerk and Recorder at any time after
such default. Action upon such debt may be instituted by the City within six (6)
years from the date of filing such lien for record. All remedies provided for in this
agreement are cumulative and the use of one shall not prohibit the use of another.
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
1111 r.6 I RIVWC4iNNI,Ah 11111
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 XIl 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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®1111M.6 Nl�l�r kith°�4�I ��N'�1�' �W+�,��+�,lN'� 11111
Works, Subdivider and the subdivided land shall remain liable and responsible for all
Required Public Improvements.
10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or
abutting upon the street which the proposed building or structure shall front, to the
rear property line of such lots, or the center line of the alley, if there is an alley,
enclosed at either end by a street which intersects both tiers of lots and shall include
the full width of all streets upon which such lots abut.
11. If the Required Public Improvements are for a commercial subdivision and include
stormwater drainage facilities, stormwater detention facilities, or maintenance and
restoration of adjacent drainage channels, and /or associated improvements and
revegetation (the "facilities "), located either within or outside of the Subdivision,
Subdivider shall install the facilities in accordance with plans and specifications
therefore approved by, and on file with the City, and thereafter, the facilities shall be
repaired, replaced and maintained in good working order and condition by the owners
of the land within the Subdivision. The City is granted the right (but not the
obligation) to inspect, control, repair, replace and maintain the facilities and to
recover all costs and expenses therefore including an administrative charge of 15%
from the owners of the land within the Subdivision. All such City's costs and
administrative charges shall become a perpetual lien on all the land within the
Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a
statement of lien setting forth the City's costs and describing the land signed by the
City's Director of Public Works. Failure of the City to inspect, control, repair,
maintain, or replace the facilities shall not subject the City to any liability for such
failure.
12. Subdivider agrees to provide the City with a current title insurance commitment at the
time of final platting evidencing that fee simple title of all lands in the Subdivision is
totally vested with the Subdivider free and clear of all liens and encumbrances. If
such land is not free and clear, the holder of such indebtedness or encumbrance shall
subordinate its interest or encumbrance to this Agreement and all its terms,
conditions, and restrictions.
13. The City or the purchaser of any lot(s) within this Subdivision shall have the
authority to bring an action in any Court of competent jurisdiction to compel the
enforcement of this Agreement or any amendment hereto. Such authority shall
include the right to compel rescission of any sale, conveyance, or transfer of any
lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this
Agreement. In the event of any litigation arising out of this Agreement, the Court
shall award the prevailing party its costs and expenses, including reasonable expert
witness and attorney's fees. Venue for any such litigation shall be Pueblo County,
Colorado.
14. City and Subdivider have attempted by the attached Exhibit "B" and Plans and
Documents to describe all Required Public Improvements to be constructed and
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installed by Subdivider with respect to the Subdivision. However, if the attached
Exhibit "B" and Plans and Documents fail to describe or to include, for any reason,
any Required Public Improvement described and set forth in Chapter 4, Title 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 stains, 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 X11 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.
Central.Pueblo Center, LLC,
Subdivide im' ed q ility Company
(SEAL) By: — ' '-
By:
The foregoing instrument was acknowledged before me on November 5
2008 , by Wm. Lytle, Manager, Central Pueblo u dfvi er.'
Q a Limited Liability Company
My commissio o � N C
o • cam
e
J Notary Public
CITY OF PUEBLO, a Municipal Corporation
"� ,� f�.:A(l. �1 President of City Council
STATE OF COLORADO
ss. �,v
COUNTY OF PUEBLO ) -<
Th foregoing instrument was acknowledged before me this (A'T 1 ' day of
ef�l�i�1v by as
President of City Council, and ( ((J f c _ e ( as City Clerk of the City of
Pueblo, Colorado.
Witness my hand and official seal.
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® �I�IBNf +'�1*11deGI��I�I�dwwwl wco10h11111
My commission expires: ako l U
[ SEAL]
APPROVED AS TO FORM:
7Z-ec
City Attorney
.l wL
Notary Public
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
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EXHIBIT A
LAND DESCRIPTION
MICHAEL'S SUBDIVISION, 1 FILING
A resubdivision of a portion of Thatcher and Gast's Subdivision and State Addition to Pueblo
and located in the County of Pueblo, State of Colorado and being more particularly described as
follows:
Considering the West line of Lot 8, Block 18 in State Addition to Pueblo to bear N. 01 °27'21"
W. and all bearings contained herein being relative thereto.
Beginning at the Southeast comer of Lot 1, Block 2 in Ladd Subdivision Filing No 1 according
to the recorded plat thereof as filed for record at Reception No. 568733 in the Pueblo County
records said point also being on the Westerly right -of -way line of West Street as presently
located and the North line of Lot 1, Block 1 in State Addition to Pueblo according to the
recorded plat thereof as filed for record on January 28, 1878; thence S. 88 °32'39" W. along the
South line of Lot 1, Block 2 in said Ladd Subdivision Filing No 1, distance of 125.52 feet;
thence S. 01 °23'21" E., continuing along the Southerly line of Lot 1, Block 2 in said Ladd
Subdivision Filing No. 1, a distance of 12.39 feet to a point on the Northerly line of Lot 1, Block
2 in Thatcher and Gast's Subdivision according to the recorded plat thereof as filed for record at
Reception No. 45858 in the Pueblo County records; thence S. 89 °14'35" W., along the Northerly
line of Lot 1, Block 2 in said Thatcher and Gast's Subdivision, a distance of 224.59 feet to the
Northwest corner of Lot 1, Block 2 in said Thatcher and Gast's Subdivision; thence S. 00 °45'25"
E., along the Westerly line of Lots 1, 2, 3 and 4 in said Thatcher and Gast's Subdivision, a
distance of 118.34 feet; thence N. 89 °22'16" E., a distance of 351.55 feet to a point on the
Westerly right -of -way line of said West Street; thence N. 00 0 37'57" W., along the Westerly
right -of -way line of said West Street, a distance of 128.00 feet to the Point of Beginning.
Containing 0.97 acres, more or less.
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: MICHAEL'S SUBDIVISION, 1ST FILING
IN 0802700
DEVELOPER:
CENTRAL PUEBLO CENTER,LLC.
ENGINEER:
WEST STREET
NORTHSTAR ENGINEERING
AND SURVEYING, INC.
STREETS
Asphalt Patch 4" on 9"
100 SY
@
$23.00 /SY =
$2,300
Asphalt Patch 4" on 9" removal
100 SY
@
$23.00 /SY =
$2,300
Curb and Gutter
136 LF
@
$12.00 /LF =
$1,700
Curb and Gutter removal
136 LF
@
$8.00 /LF =
$1,100
WATER
8" PVC Water Main
128 LF
@
$47.50 /LF =
$6,100
Service
1 EA
@
$600.00 /EA =
$600
SUBTOTAL $14,100
TOTAL PROJECT: 14 100
This is an estimate only. Actual construction costs may vary.
PREPARED BY: MLC
FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC.
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
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
0eite wn hereon are the most current unit prices provided by the City of Pueblo.
1110Larir 911.1 i
Professional Engineer Date
Waste Water epartment
L �Am�
TrarWortatlon Division
Board of Water Wo
Directo of Publ' rks D to
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