HomeMy WebLinkAbout07953Reception 1795306
02/09/2009
ORDINANCE NO. 7953
AN ORDINANCE APPROVING THE BELLA VISTA
SUBDIVISION, FILING NO. 2 SUBDIVISION PLAT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO. that:
SECTION 1.
The final plat of the Bella Vista Subdivision, Filing No. 2 being a subdivision of
land legally described as:
A resubdivision of a portion of Bella Vista Subdivision located in a portion
of the W '/: of Section 12 and the E '/z of Section 11, Township 20 South,
Range 65 West of the 6 th P.M. in the County of Pueblo, State of Colorado
and being more particularly described as follows:
Considering the Northwesterly right -of -way line of Outlook Boulevard as
presently located in Ridge Gate, Filing No. 3 A Special Area Plan
according to the recorded plat thereof as filed for record at Reception No.
1372730 in the Pueblo County records to bear N. 34 °20'24" E., and all
bearings contained herein being relative thereto.
All of Lots 1 through 4 both inclusive Block 2, Lots 1 through 5 both
inclusive Block 3, Lots 1 through 4 both inclusive Block 4, Lots 1 through 5
both inclusive Block 5, Lot 5, Block 6, Lots 1 through 5 both inclusive
Block 7 and all of Blocks 8 through 32 both inclusive and Parcels G, K, L,
M and O all being in Bella Vista Subdivision according to the recorded plat
thereof as filed for record at Reception No. 1745615 in the Pueblo County
records.
Containing 16.34 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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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.
A
INTRODUCED: December 8, 2008
Judy Weaver
C— OODUNNCIL PERSON
=1 ° APPROVED:
^4 PRESIDENT OF CITY COUNCIL
ATTESTED BY:
C Y.CLERK
PASSED AND APPROVED: December 22, 20 08
D D O
y — A � � �= I �ED �'�L - - �'� ------------ 7
Background Paper for Proposed
ORDINANCE
DATE: DECEMBER 8, 2008
AGENDA ITEM # 43
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE APPROVING THE BELLA VISTA SUBDIVISION, FILING NO. 2
SUBDIVISION PLAT
ISSUE
Shall City Council approve a request to resubdivide the property to facilitate the
development of an assisted living complex and increase the number of lots for single -
family detached residences?
RECOMMENDATION
The Planning and Zoning Commission, at their November 12, 2008 regular meeting,
voted 5 -0 to recommend approval.
BACKGROUND
Bella Vista Subdivision, Filing No. 2 is a resubdivision of Bella Vista Subdivision, which
was approved on June 25, 2007. The Bella Vista Subdivision replaced a portion of
Eagleridge Estates, Filing No. 2 that was approved by the Planning and Zoning
Commission on February 8, 2006. The original subdivision was created in accordance
with the Eagleridge Estates Master Development Plan (Amended). The purpose of the
resubdivision is to facilitate the development of an assisted living complex and increase
the number of lots for single - family detached residences. Originally, the northern
portion of the subdivision was reserved for townhome development and contained a
series of parcels for landscaping and resident access. The proposed resubdivision will
create 18 new single - family home lots and one 217,802 square foot lot for the assisted
living complex. The applicant also proposes to reduce the lot area of all lots in Blocks
1 -4, which will result in an additional nine new single - family residential lots.
FINANCIAL IMPACT
•C7iT�
Reception 1795303
02/09/2009
RELEASE OF EASEMENT
This Release of Easement is made on f L b 0t a ✓y Z 200 9 , by
Pueblo, a Municipal Corporation (City), whose legal address is One City Hall Place,
Pueblo, Colorado, 81003.
In consideration of One Dollar and other good and valuable consideration, the
City does hereby terminate, cancel, and release the Easement granted by the Easement
and Right of Way recorded _March 7th_, _2001_ as Reception No. 1372736 of the
records of the Pueblo County Clerk and Recorder and more particularly described on
attached Exhibit "A ".
Pueblo, a Municipal Corporation
By:
4-
President of City Council
A
City Clerk
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
d09
The foregoing instrument was acknowledged before me this day of
Fe--bragr , 2001_ by (/e r& 0/-�r 0h as President of City
Council, and Gina Dutcher as City Clerk of City of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
a ' $1"w commission expires: M f Notary Public
;. J
Reception 1795308
02/09/2009
RATIFICATION OF PLAT
FOR VALUE RECEIVED, the undersigned being the owner of indebtedness
secured by a deed of trust recorded July. 22 008 , in Book_
at Page . Reception Number 1776372 S 1776373 , does hereby ratify
and consent to the subdivision of the land platted as Bella Vista Subdivision
Filing No. 2 shown on the Subdivision Plat recorded by
Reception Number _/ 79 S 3 07 in the records of Pueblo County, Colorado, and
confirms and joins in the dedication of all streets, easements, rights of way and access
restrictions shown thereon and subordinates its interest in the property described in the
Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto
between the Subdivider and City of Pueblo executed in conjunction therewith.
Signed this day of U ORCV9
U.S. Bank N A
Compmty Name
C
Title: j��cL / nte6e4c.•l'
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
'Tile foregoing instrument was acknowledged before me this _/�_ day of
�J/��C/f�/2LI oLOd by EU IA) . /IIP�G%2�G1 �It as
/CE �.t�E SIOE u� of
My Commission Expires:
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LINDA TOWNE
NOTARY PUBLIC
E STATE OF COLORADO
MY COMMISSION EXPRES 2/2112012
Reception 1795309
02/09/2009
RATIFICAnON OF PLAT
FOR VALUE RECEIVED, the undersigned being the owner of indebtedness
secured by a deed of trust recorded October, 4 2006 in Book
at Page , Reception Number 1696449 , does hereby ratify
and consent to the subdivision of the land platted as Bella Vista Subdivision,
Filing No, 2 shown on the Subdivision Plat recorded by
Reception Number 17 in the records of Pueblo County, Colorado, and
confirms and joins in the dedication of all streets, easements, rights of way and access
restrictions shown thereon and subordinates its interest in the property described in the
Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto
between the Subdivider and City of Pueblo executed in conjunction therewith.
Signed this /Z� day of
1/
S'rA'rE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 12th day of
January 2009 by Roger H. Fonda as
Manager of Ridgegate at Pueblo, LLC
My Commission Expires: 06/03/2011
Q h aAd /J
� msf Notary Public
co 46 DPW t07 I-f 0 °
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Reception 1795310
02/09/2009
RATIFICATION OF PLAT
FOR VALUE RECEIVED, the undersigned being the owner of indebtedness
secured by a deed of trust recorded — August 14 2008 , in Book
at Page , Reception Number 1778779 , does hereby ratify
and consent to the subdivision of the land platted as Bella Vista Subdivision,
Filing No. 2 shown on the Subdivision Plat recorded by
Reception Number / 79 5 30 in the records of Pueblo County, Colorado, and
confirms and joins in the dedication of all streets, easements, rights of way and access
restrictions shown thereon and subordinates its interest in the property described in the
Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto
between the Subdivider and City of Pueblo executed in conjunction therewith.
Signed this 11: day of
Tarbad Development Co In
Company Name
S "rA'rE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
'rhe foregoing instrument was acknowledged before me this 12th day of
January 2009 by Roger H. Fonda as
President of Tarbad Development Co., In c.
My Commission Ex ires: 06/03/2011
C `e NQ� .o
co e
�Z 1�,. Notary Public `J
DFNV 107
02.05102 ;t 8
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Reception 1795311
02/09/2009
SUBDIVIsioN IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on a a t� ✓ /3 aq , between the
CITY OF PUEBLO, a Municipal Corporation (" and
Bella Vista of Pueblo LLC a Colorado Limited Liability Com an
( "5ubdlvtder" ).
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
Bella Vista_ Subdivision, Filing No 2
( "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:
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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escrow agreement approved by the City Attorney. The holder of such cash or
collateral shall pay all or any portion thereof to the City upon demand after the time
to complete all Required Public Improvements by Subdivider or subsequent owner
expires. Such deposit or escrow agreement shall be referred to as the "deposit".
The amount of the deposit shall be computed by the City's Director of Public Works
by estimating the total cost of all uncompleted Required Public Improvements within
the block at the time application for building permit is made. The amount of the
deposit required by this alternative shall not be less than 25% of such estimate plus
the cost of extending all required sewer and water lines from nearest existing sewer
and water lines to the proposed building site for which a building permit is sought,
plus the costs of extending curb, gutter, sidewalk and paving from the edge of the
Subdivision or existing improvements of a like nature, whichever is closer to the
proposed building site. In any case where the block, as later defined, exceeds one
thousand (1000') feet in length between intersecting streets, the estimate of the City
Director of Public Works under this paragraph may be reduced to the total costs of all
uncompleted Required Public Improvements in at least one half (1/2) of such block,
and the required deposit shall be based upon such decreased estimate. The
Subdivider, however, shall provide a turnaround of at least sixty (60') feet in
diameter at the mid -block point and barricade such street so that no through traffic
shall be permitted beyond the point to which the estimate of Director of Public Works
is based.
4. Within one hundred eighty (180) days after subsequent application for a building
permit to construct any building or structure upon any building site within the block,
or upon the issuance of a certificate of occupancy for any such building or structure,
whichever occurs first, Subdivider shall also deposit an amount not less than the
estimate of the Director of Public Works for all Required Public Improvements from
existing improvements to the proposed building site, less any previous deposits made
under this agreement upon building sites lying between the most recent proposed site
and existing improvements.
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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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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Dec.2O07
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 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.
Bella Vis Pueblo LLC a Colora do Limited
Subdivi lity mpany
(SEAL) B
Rog r . F n a, Mang r
By:
The foregoing instrument was acknowledged before me on
� by Roger H. Fonda. Manager of Bella Vista of Pueblo T r , Subdivider.
a Colorado Limited Liability Company
My commission expires:
Y
i PURI i
City
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was
rP Aauani , 2
President of City'Council, and - q
Pueblo, Colorado.
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Witness my hand and official seal.
Notarf Public ! Aoi c/a/!E/NCnNf' A✓+c.
PuE6/v, Gp 8 /00y
CITY OF PU a Municipal Corporation
By: �
President of City Counci
n�L
;fore me this — day of
r Orfr j y, , as
as City Clerk of the City of
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IIII FY�'�PJ'�WAN 14L140910MM 114 /1111
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torntrussion expires:
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'At oVED AS TO FORM:
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P u b lic Notary
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1111P16 PhUrhN HAW ligmClIVNIIIAM14 11111
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
DEVELOPER:
ENGINEER:
BELLA VISTA SUBDIVISION, FILING NO. 2
JN 9602519
BELLA VISTA OF PUEBLO, LLC
NORTHSTAR ENGINEERING AND SURVEYING, INC.
24" Pipe
86 LF
@
$44.00 /LF =
$3,784
42" Pipe
403 LF
@
$76.00 /LF =
$30,628
48" Pipe
192 LF
@
$81.00 /LF =
$15,552
10' Type S Inlet
1 EA
@
$4,060.00 /EA =
$4,060
Water Quality Outlet Structure
1 EA
@
$3,300.00 /EA =
$3,300
Manhole -72"
1 EA
@
$3,000.00 /EA =
$3,000
SUBTOTAL
�� K•l i_K.1 7771 • •
Straw Bales
Silt Fence
Storm Drain Inlet Protection
Establishing Vegetation
Storm Drain Outlet Protection
25% Maintenance and Replacement
7 EA
@
$14.00 /EA =
645 LF
@
$3.50 /LF =
4 EA
@
$220.00 /EA =
0.1 AC
@
$1,300.00 /AC =
1 EA
@
$100.00 /EA =
$60,324
$98
$2,258
$880
$130
$100
$866
SUBTOTAL $4,332
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
r
®iii IP'ni � eNd ifs ICI ��ACh� r��i��,x� 11111
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: BELLA VISTA SUBDIVISION, FILING NO. 2
IN 9602519
DEVELOPER: BELLA VISTA OF PUEBLO, LLC
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
IT
PAVEMENT
3" Asphalt on 14" Base Course
3864 SY
@
$28.00 /SY =
$108,192
CONCRETE
Curb and Gutter
1250 LF
@
$12.00 /LF =
$15,000
Handicap Ramps
594 SF
@
$4.00 /SF =
$2,376
Tactile Band
8 EA
@
$350.00 /EA =
$2,800
Square Pan Radius
498 SF
@
$5.00 /SF =
$2,490
WATER
8" Water Main (Private)
75 LF
@
$47.50 /LF =
$3,563
Fire Hydrant Ass'y (Relocate)
1 EA
@
$3,250.00 /EA =
$3,250
SANITARY SEWER
8" PVC Sewer Main
75 LF
@
$35.00 /LF =
$2,625
48" Manholes
1 EA
@
$2,500.00 /EA =
$2,500
Cleanout
1 EA
@
$500.00 /EA =
$500
STREET LIGHT
2 EA
@
$1,450.00 /EA =
$2,900
MONUMENT BOX
1 EA
@
$655.00 /EA =
$655
SIGNAGE
T- Intersection (100' R -O -W)
1 EA
@
$325.00 /EA =
$325
BARRICADES
Relocate Barricade
1 EA
@
$200.00 /EA =
$200
SUBTOTAL $147,376
17 SUBD AG 02/09/2009 03:06:08 PM
00
Clerk
Gilbert /Reeorderr, Pueblo County, Cc
1111 h IlD NYh1+9A KAN 11111
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
BELLA VISTA SUBDIVISION, FILING NO. 2
IN 9602519
DEVELOPER:
BELLA VISTA OF PUEBLO, LLC
ENGINEER:
PHASE 1
NORTHSTAR ENGINEERING AND SURVEYING, INC.
RIDGE DRIVE (OFFSITE)
PAVEMENT
5.5" Asphalt over 11"
Base Course 3104 SY @ $29.75 /SY =
$92,344
Temp. Turn - Around
621 SY @ $29.75 /SY =
$18,475
CONCRETE
Curb and Gutter
1343 LF @ $12.00 /LF =
$16,116
Sidewalk
4168 SF @ $3.00 /SF =
$12,504
Handicap Ramps
122 SF @ $4.00 /SF =
$488
Tactile Band
2 EA @ $350.00 /EA =
$700
WATER
12" PVC Water Main
800 LF @ $47.50 /LF =
$38,000
8" PVC Water Main
50 LF @ $47.50 /LF =
$2,375
Service Line
1 EA @ $800.00 /EA =
$800
Fire Hydrant Ass'y
1 EA @ $3,250.00 /EA =
$3,250
MONUMENT BOX
1 EA @ $655.00 /EA =
$655
STREET LIGHTS
2 EA @ $1,450.00 /EA =
$2,900
STREET SIGNAGE
Relocate Barricade
1 EA @ $200.00 /EA =
$200
SUBTOTAL $188,807
PHASE 1 SUBTOTAL
400 838
1795311 SUBD AG 02/09/2009 03:06:08 PM
Pa 11 of 23 R 116.00 D 0.00 T 116.00
Gilbert Ortiz Clerk /Reoorder, Pueblo County, Co
®iii rigr��l�u�t
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
BELLA VISTA SUBDIVISION, FILING NO. 2
JN 9602519
DEVELOPER:
BELLA VISTA OF
PUEBLO,
LLC
ENGINEER:
PHASE 2
NORTHSTAR ENGINEERING AND SURVEYING,
INC.
SORRENTO LANE
PAVEMENT
4" Asphalt over 9" Base Course
1153 SY
@
$23.00 /SY =
$26,519
CONCRETE
Curb and Gutter
800 LF
@
$12.00 /LF =
$9,600
Sidewalk
91 SF
@
$3.00 /SF =
$273
Handicap Ramps
140 SF
@
$4.00 /SF =
$560
Tactile Band
4 EA
@
$350.00 /SF =
$1,400
SANITARY SEWER:
8" PVC Sewer Main
326 LF
@
$35.00 /LF =
$11,410
48" Manholes
1 EA
@
$2,500.00 /EA =
$2,500
WATER:
8" PVC Water Main
314 LF
@
$47.50 /LF =
$14,915
Fire Hydrant Assembly
1 EA
@
$3,250.00 /EA =
$3,250
Service
1 EA
@
$600.00 /EA =
$600
STREET NAME SIGNS & STOP SIGNS:
Private Road - 4 -Way Intersection
1 EA
@
$435.00 /LF =
$435
STORM SEWER
24" Pipe
182 LF
@
$44.00 /LF =
$8,008
Manhole - 60"
1 EA
@
$2,465.00 /EA =
$2,465
SUBTOTAL $81,935
1795311 SUBD AG 02/09/2009 03:06:08 PM
Page: 12 of 23 R 116.00 D 0.00 T 116.00
Gilbert Ortiz Clerkl Recorder, Pueblo County, Co
®III F1611 P N"WIW WA AMN KGhhLh 11 111
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
DEVELOPER:
ENGINEER:
PHASE 2
POSITANO COURT
PAVEMENT:
4" Asphalt over 9" Base Course
Flowable Backfill
CONCRETE:
Curb and Gutter
Sidewalk
SANITARY SEWER:
8" PVC Sewer Main
Services
48" Manholes
WATER:
6" PVC Water Main
Fire Hydrant Assembly
Service Line
STREET LIGHTS:
STORM SEWER
10' Type "S" Inlet
5' Type "S" Inlet
24" Pipe
30" Pipe
Manhole - 60"
BELLA VISTA SUBDIVISION, FILING NO. 2
IN 9602519
BELLA VISTA OF PUEBLO, LLC
NORTHSTAR ENGINEERING AND SURVEYING, INC.
2563
SY
@
$23.00
/SY =
$58,949
72
CY
@
$75.00
/CY =
$5,400
1849
LF
@
$12.00
/LF =
$22,188
232
SF
@
$3.00
/SF =
$696
421
LF
@
$35.00
/LF =
$14,735
27
EA
@
$1,200.00
/EA =
$32,400
2
EA
@
$2,500.00
/EA =
$5,000
789
LF
@
$47.50
/LF =
$37,478
2
EA
@
$3,250.00
/EA =
$6,500
27
EA
@
$600.00
/EA =
$16,200
3 EA @ $1,450.00 /EA = $4,350
1 EA
@
$4,060.00 /EA =
$4,060
1 EA
@
$2,960.00 /EA =
$2,960
75 LF
@
$44.00 /LF =
$3,300
445 LF
@
$66.00 /LF =
$29,370
1 EA
@
$2,465.00 /EA =
$2,465
SUBTOTAL $246,051
1795311 SUBD AG 02/09/2009 03:06:08 PM
Page: 13 of 23 R 116.00 D 0.00 T 116.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
®III I POD N' 1WIM H+LWM C44tIWWh 11 III
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME
DEVELOPER:
ENGINEER:
BELLA VISTA SUBDIVISION, FILING NO. 2
JN 9602519
BELLA VISTA OF PUEBLO, LLC
NORTHSTAR ENGINEERING AND SURVEYING, INC.
CONSTRUCTION AND POST CONSTRUCTION
BMP'S
Straw Bales
28 EA
@
$14.00 /EA =
Silt Fence
1700 LF
@
$3.50 /LF =
Storm Drain Inlet Protection
6 EA
@
$220.00 /EA =
Establishing Vegetation
0.2 AC
@
$1,300.00 /AC =
Storm Drain Outlet Protection
1 EA
@
$100.00 /EA =
Vehicle Tracking
1 EA
@
$800.00 /EA =
25% Maintenance and Replacement
$392
$5,950
$1,320
$260
$100
$800
$2,206
SUBTOTAL $11,028
1795311 SUBD AG 02/09/2009 03:06:08 PM
Page: 14 of 23 R 116.00 D 0.00 T 116.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
®III F-J N'FAK III HUM WMAN 11111
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: BELLA VISTA SUBDIVISION, FILING NO. 2
IN 9602519
DEVELOPER: BELLA VISTA OF PUEBLO, LLC
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE 2
PARCEL 3 - WATER QUALITY POND (OFFSITE)
Outlet Structure 1 EA @ $3,300.00 /EA = $3,300
Establishing Vegetation 0.2 AC @ $13,150.00 /EA = $2,630
SUBTOTAL $5,930
VE(OFFSITE
PAVEMENT
5.5" Asphalt over 11" Base Course 1950 SY @ $29.75 /SY = $58,013
CONCRETE:
Curb and Gutter 596 LF @ $12.00 /LF = $7,152
Sidewalk 3570 SF @ $3.00 /SF = $10,710
7" Concrete 232 SF @ $5.00 /SF = $1,160
WATER:
12" PVC Water Main
390 LF
@
$47.50 /LF =
$18,525
Fire Hydrant Assembly
1 EA
@
$3,250.00 /EA =
$3,250
Service Line
1 EA
@
$800.00 /EA =
$800
MONUMENT BOX:
2 EA
@
$655.00 /EA =
$1,310
STREET LIGHTS:
1 EA
@
$1,450.00 /EA =
$1,450
RELOCATE BARRICADE
1 EA
@
$200.00 /EA =
$200
SUBTOTAL $102,570
1795311 SUBD AG 02/09/2009 03:06:08 PM
Page: 15 of 23 R 116.00 D 0.00 T 116.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
mill Fri WIN$NIVIA &KIN KIM& H 11111
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
BELLA VISTA SUBDIVISION, FILING NO. 2
IN 9602519
DEVELOPER:
BELLA VISTA OF PUEBLO, LLC
ENGINEER:
NORTHSTAR ENGINEERING AND SURVEYING,
INC.
PHASE 2
LANDMARK ROAD (OFFSITE)
PAVEMENT
4" Asphalt over 9" Base Course
3500 SY @ $23.00 /SY =
$80,500
CONCRETE
Curb and Gutter
1836 LF @ $12.00 /LF =
$22,032
Handicap Ramps
660 SF @ $4.00 /SF =
$2,640
Tactile Band
5 EA @ $350.00 /SF =
$1,750
Sidewalk
9937 SF @ $3.00 /SF =
$29,811
SANITARY SEWER
8" PVC Sewer Main
650 LF @ $35.00 /LF =
$22,750
48" Manholes
2 EA @ $2,500.00 /EA =
$5,000
WATER
8" PVC Water Main
1055 LF @ $47.50 /LF =
$50,113
Fire Hydrant Assembly
1 EA @ $3,250.00 /EA =
$3,250
Service Line
1 EA @ $600.00 /EA =
$600
STORM SEWER
42" RCP
96 LF @ $72.00 /LF =
$6,912
STREET LIGHTS
2 EA @ $1,450.00 /EA =
$2,900
MONUMENT BOX
4 EA @ $655.00 /EA =
$2,620
STREET SIGNAGE
T Intersection (80' R -O -W)
1 EA @ $325.00 /EA =
$325
Private Road - T Intersection
1 EA @ $325.00 /LF =
$325
SUBTOTAL $231,528
PHASE 2 SUBTOTAL
$679,040
STORM SEWER
24" Pipe 111 LF @ $44.00 /LF = $4,884
Manhole - 60" 1 EA @ $2,465.00 /EA = $2,465
SUBTOTAL $51,779
1795311 SUBD AG 02/09/2009 03:06:08 PM
Page: 16 of 23 R 116.00 D 0.00 T 116.00
Gilbert Ortiz Clerk /Reoorder, Pueblo County, Co
BY K PIWAY 101tIMAM M VIA #1111111
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
BELLA VISTA SUBDIVISION, FILING NO. 2
IN 9602519
DEVELOPER:
BELLA VISTA OF PUEBLO, LLC
ENGINEER:
PHASE 3
NORTHSTAR ENGINEERING AND SURVEYING, INC.
SORRENTO LANE
PAVEMENT
4" Asphalt over 9" Base Course
902 SY @ $23.00 /SY =
$20,746
CONCRETE
Curb and Gutter
467 LF @ $12.00 /LF =
$5,604
Handicap Ramps
300 SF @ $4.00 /SF =
$1,200
Tactile Band
4 EA @ $350.00 /SF =
$1,400
SANITARY SEWER
8" PVC Sewer Main
127 LF @ $35.00 /LF =
$4,445
48" Manholes
1 EA @ $2,500.00 /EA =
$2,500
WATER
8" PVC Water Main
140 LF @ $47.50 /LF =
$6,650
STREETLIGHTS
1 EA @ $1,450.00 /EA =
$1,450
STREET NAME SIGNS & STOP SIGNS
Private Road - 4 -Way Intersection
1 EA @ $435.00 /LF =
$435
STORM SEWER
24" Pipe 111 LF @ $44.00 /LF = $4,884
Manhole - 60" 1 EA @ $2,465.00 /EA = $2,465
SUBTOTAL $51,779
SUBTOTAL $199,422
1795311 SUBD AG 02/09/2009 03:06:08 PR
Page: 17 of 23 R 116.00 D 0.00 T 116.00
Gilbert Ortiz Clerk /Recorder, Puebla County, Cc
®iii
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
BELLA VISTA SUBDIVISION, FILING NO. 2
JN 9602519
DEVELOPER:
BELLA VISTA OF PUEBLO, LLC
ENGINEER:
PHASE 3
NORTHSTAR ENGINEERING AND SURVEYING,
INC.
AMALFI COURT
PAVEMENT:
4" Asphalt over 9" Base Course 2342 SY @ $23.00 /SY =
$53,866
Flowable Back-fill
72 CY @ $75.00 /CY =
$5,400
CONCRETE:
Curb and Gutter
1661 LF @ $12.00 /LF =
$19,932
Sidewalk
130 SF @ $3.00 /SF =
$390
SANITARY SEWER:
8" PVC Sewer Main
624 LF @ $35.00 /LF =
$21,840
Services
18 EA @ $1,200.00 /EA =
$21,600
48" Manholes
2 EA @ $2,500.00 /EA =
$5,000
WATER:
6" PVC Water Main
648 LF @ $47.50 /LF =
$30,780
Fire Hydrant Assembly
3 EA @ $3,250.00 /EA =
$9,750
Service Line
18 EA @ $600.00 /EA =
$10,800
STREET LIGHTS:
2 EA @ $1,450.00 /EA =
$2,900
STORM SEWER
10' Type "S" Inlet
1 EA @ $4,060.00 /EA =
$4,060
5' Type "S" Inlet
3 EA @ $2,960.00 /EA =
$8,880
15" Pipe
27 LF @ $38.00 /LF =
$1,026
18" Pipe
78 LF @ $41.00 /LF =
$3,198
SUBTOTAL $199,422
1795311 SUED AG 02/09/2009 03:06:08 PM
Page: 18 of 23 R 116.00 D 0.00 T 116.00
Gilbert Ortiz Clerk /Recorder, Pueblo County. Co
®1uFA,WF Eli {1HJ 10r<10MVIRKPi®1111
IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
DEVELOPER:
ENGINEER:
BELLA VISTA SUBDIVISION, FILING NO. 2
]N 9602519
BELLA VISTA OF PUEBLO, LLC
NORTHSTAR ENGINEERING AND SURVEYING, INC.
CONSTRUCTION AND POST
CONSTRUCTION BMP's
$238
Straw Bales
17 EA
@
Silt Fence
1825 LF
@
Storm Drain Inlet Protection
5 EA
@
Vehicle Tracking
1 EA
@
25% Maintenance and Replacement
RIDGE DRIVE (OFFSITE)
PAVEMENT
5.5" Asphalt over 11" Base Course
Remove Temp. Turn Around
CONCRETE:
Curb and Gutter
Sidewalk
WATER:
12" PVC Water Main
STREET LIGHTS:
RELOCATE BARRICADE
$14.00
/EA =
$238
$3.50
/LF =
$6,388
$220.00
/EA =
$1,100
$800.00
/EA =
$800
3493 SF
@
$2,131
SUBTOTAL $10,657
1517 SY
@
$29.75 /SY =
$45,131
225 SY
@
$10.00 /SY =
$2,250
582 LF
@
$12.00 /LF =
$6,984
3493 SF
@
$3.00 /SF =
$10,479
290.58 LF
@
$47.50 /LF =
$13,803
1 EA
@
$1,450.00 /EA =
$1,450
1 EA
@
$200.00 /EA =
$200
SUBTOTAL $80,296
PHASE 3 SUBTOTAL $342, 154
SUBTOTAL $16,764
1795311 SUBD AG 02/09/2009 03:06:06 PM
Page: 19 of 23 R 116.00 D 0.00 T 116.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
miur i�lita
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
BELLA VISTA SUBDIVISION, FILING NO. 2
JN 9602519
DEVELOPER:
BELLA VISTA OF PUEBLO, LLC
ENGINEER:
PHASE 4
NORTHSTAR ENGINEERING AND SURVEYING, INC.
SORRENTO LANE
PAVEMENT
4" Asphalt over 9" Base Course
489 SY @ $23.00 /SY = $11,247
CONCRETE
Curb and Gutter
325 LF @ $12.00 /LF = $3,900
Handicap Ramps
148 SF @ $4.00 /SF = $592
Tactile Band
2 EA @ $350.00 /SF = $700
STREET NAME SIGNS & STOP SIGNS
Private Road - T- Intersection
1 EA @ $325.00 /LF = $325
SUBTOTAL $16,764
1795311 SUED AG 02/09/2009 03:06:08 PM
Page: 20 of 23 R 116.00 D 0.00 T 116.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME
DEVELOPER:
ENGINEER:
PHASE 4
GREVE COURT
PAVEMENT:
4" Asphalt over 9" Base Course
CONCRETE:
Curb and Gutter
Sidewalk
Handicap Ramps
Tactile Band
SANITARY SEWER:
8" PVC Sewer Main
Services
48" Manholes
WATER:
6" PVC Water Main
Fire Hydrant Assembly
Service Line
BELLA VISTA SUBDIVISION, FILING NO. 2
JN 9602519
BELLA VISTA OF PUEBLO, LLC
NORTHSTAR ENGINEERING AND SURVEYING, INC.
STREET LIGHTS:
STREET NAME SIGNS & STOP SIGNS
Private Road - T- Intersection
1856 SY
@
$23.00 /SY =
$42,688
1403 LF
@
$12.00 /LF =
$16,836
130 SF
@
$3.00 /SF =
$390
187 SF
@
$4.00 /SF =
$748
2 EA
@
$350.00 /SF =
$700
670 LF
@
$35.00 /LF =
$23,450
18 EA
@
$1,200.00 /EA =
$21,600
3 EA
@
$2,500.00 /EA =
$7,500
671 LF
@
$47.50 /LF =
$31,873
2 EA
@
$3,250.00 /EA =
$6,500
18 EA
@
$600.00 /EA =
$10,800
2 EA
@
$1,450.00 /EA =
$2,900
1 EA @ $325.00 /LF = $325
SUBTOTAL $166,310
1795311 SUED AG 02/09/2009 03:06:08 PM
Pa ge: 21 of 23 R 116.00 D 0.00 T 116.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
mill �ri•�P14 Y�ti'MyllG'W IiM l � WA N,19MM411111
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
DEVELOPER:
ENGINEER:
BELLA VISTA SUBDIVISION, FILING NO. 2
]N 9602519
BELLA VISTA OF PUEBLO, LLC
NORTHSTAR ENGINEERING AND SURVEYING, INC.
CONSTRUCTION AND POST CONSTRUCTION
$238
BMP's
Straw Hales
17 EA
@
Silt Fence
1390 LF
@
Storm Drain Inlet Protection
1 EA
@
Establishing Vegetation
0.1 AC
@
Vehicle Tracking
1 EA
@
25% Maintenance and Replacement
;_• •; •
PAVEMENT
5.5" Asphalt over 11" Base Course
Remove Temp. Turn Around
CONCRETE:
Curb and Gutter
Sidewalk
Handicap Ramps
Tactile Band
WATER:
12" PVC Water Main
Fire Hydrant Assembly
STREET LIGHTS:
MONUMENT BOX
$14.00 /EA =
$238
$3.50 /LF =
$4,865
$220.00 /EA =
$220
$1,300.00 /AC =
$130
$800.00 /EA =
$800
$12.00 /LF =
$1,563
SUBTOTAL $7,816
840 SY
@
$29.75 /SY =
$24,990
450 SY
@
$10.00 /SY =
$4,500
640 LF
@
$12.00 /LF =
$7,680
3832 SF
@
$3.00 /SF =
$11,496
302 SF
@
$4.00 /SF =
$1,208
4 EA
@
$350.00 /SF =
$1,400
162 LF
@
$47.50 /LF =
$7,695
1 EA
@
$3,250.00 /EA =
$3,250
1 EA
@
$1,450.00 /EA =
$1,450
1 EA
@
$655.00 /EA =
$655
SUBTOTAL $64,324
PHASE 4 SUBTOTAL 255 214
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
DEVELOPER:
ENGINEER:
BELLA VISTA SUBDIVISION, Filing No. 2
IN 9602519
BELLA VISTA OF PUEBLO, LLC
NORTHSTAR
AND SURVEYING, INC.
PHASE 1 SUBTOTAL:
$400,838
PHASE 2 SUBTOTAL:
$679,040
PHASE 3 SUBTOTAL:
$342,154
PHASE 4 SUBTOTAL:
$255214
TOTAL PR03ECT:
$1,677,246
This is an estimate only. Actual construction costs may vary.
PREPARED BY: S. Slate
FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC.
17 SURD AG 02/09/2009 03:06:08 PM
G, .rt Clark2 of 23 D Pueblo Count o
0111 K6 PIUVANNI VW N EW Ili 11111
1795311 SUBD AG 02/09/2009 03:06:08 PM
Page: 23 of 23 R 116.00 D 0.00 T 116.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
®III Kh WNINIA K A NCI HEWN M11 11 III
The undersigned hereby certifies that (1) the Required Public Improvements shown hereon and on the Plans and
Specifications therefore constitute all of the public improvements required to be installed and constructed for the
Subdivision Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by
City Council, (ii) the quantities of construction elements shown hereon accurately depicts the quantities necessary
to construct the Required Public Improvements and (iii) the unit prices shown hereon are the most current unit
prici'dthe City of Pueblo.
k SEAL]
REVIEWED BY:
Professional Engineer Date
Waste ter D pt.
All.
Board of Water rks
Reception 1795312
02/09/2009
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(PHASED CONSTRUCTION)
This Addendum shall be incorporated in and become a part of the 'TddV 3 v co ,
Subdivision Improvements Agreement for Bella vista Subdivision Filing o. 2 (herein
the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement.
1. The Subdivider will develop the Subdivision in separate phases in the sequence
described in the attached Exhibit "A ".
2. The Subdivider shall construct and install all Required Public Improvements in
the manner and as described in the Subdivision Improvements Agreement needed and required to
serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A ".
3. For purposes of determining the extent and timing of the Required Public
Improvements, each Phase shall be considered as a separate subdivision.
4. After completion of all Required Public Improvements for any Phase and
approval thereof by the Director of Public Works, the City will release the lots in that Phase from
the Subdivision Improvements Agreement and this Addendum.
5. Any development of the Subdivision contrary to the phasing sequence set forth in
paragraph 1 above without the prior written approval of the Director of Public Works
( "Director ") shall constitute a breach of the Subdivision Improvements Agreement and this
Addendum and City may thereafter refuse to approve the issuance of building permits for
construction within the Subdivision.
6. No modifications to the phasing sequence set forth in the attached Exhibit "A"
shall be approved by the Director until (a) Subdivider's engineer certifies in writing that the
requested modifications will not result in any lot in the Subdivision being inadequately served by
required public improvements, (b) Subdivider furnishes title information satisfactory to the City
showing all persons and entities having a recorded interest in all lots within the Subdivision
( "Interested Parties "), and (c) all Interested Parties execute and acknowledge their consent to and
approval of the modification to the phasing sequence in form and content approved by the City
Attorney.
7. The Subdivision Improvements Agreement as amended by this Addendum shall
remain in full force and effect and the covenants of this Addendum shall run with the land within
the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and
Subdivider and their respective heirs, personal representatives, successors, and assigns.
Executed at Pueblo, Colorado, as of �itev / 3, zzfo0?
�ista of Pueblo, LLC
a Colorado Limited Liability Compan
Subdivider
1
DPW 103
1/6/04
By _
oge H nda, Manager
CA
STATE OF COLORADO
COUNTY OF PUEBLO
ss.
The foregoing instrument was acknowledged before me this ! 344 day of
by Roger H. Fonda, Manager of Bella Vista Subdivider.
T om — of Pueblo, LLC, a Colorado Limited Liability Company
Witness my hand and official seal.
My commission expires:
SEAL Notary Public 2 ao2 G /�iyoN1i A✓E
l
A
k
CITY OF PUEBLO,
hi � ^o:�ma.i,� c;ni - a Muni ' C rporatio / �
S i r rt3 521 -2011 By .li
President of the Council
1795312 ADD AGR 02/09/2009 03:06:08 PM
Pa e: 2 of 3 R 15.00 D 0.00 T 16.00
Gilbert Ortiz Cierk /Recorder, Pueblo County, Co
®IIIhY'iHS1P�,1�fh�h1�;� �f�hLAwn I�kMI'j®1111
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1795312 ADD RGR 02/09/2009 03: 06:08 PM
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r
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "A"
The Subdivider will develop the Subdivision in separate phases in the following sequence:
(a) Phase 1 shall consist of the following lots within the Subdivision:
Block 8, Lot 1
Ridge Drive and Outlook Boulevard adjacent to the Lot listed above.
(b) Phase 2 shall consist of the following lots within the Subdivision:
Block 1, Lots I -7
Block 2, Lots 1 -6
Block 3, Lots 1 -6
Block 4, Lots 1 -8
Parcel A
Parcel J (Bella Vista Subdivision)
Parcels H, I, and N (Bella Vista Subdivision) adjacent to the Lots and Parcels
listed above.
Ridge Drive adjacent to the Lots and Parcels listed above.
Landmark Road between Ridge Drive and Outlook Boulevard
(c) Phase 3 shall consist of the following lots within the subdivision:
Block 6, Lots 6 -10
Block 4, Lots 5 -8 (Bella Vista Subdivision)
Block 5, Lots 6 -10 (Bella Vista Subdivision)
Block 6, Lots 1 -4 (Bella Vista Subdivision)
Parcels H, I, and N (Bella Vista Subdivision) adjacent to the Lots listed above.
Ridge Drive adjacent to the Lots and Parcels listed above.
(d) Phase 4 shall consist of the following lots within the subdivision:
Block 5, Lots 1 -4
Block 6, Lots 1 -5 .
Block 7, Lots 1 -9
Parcels B, C, and D
Ridge Drive adjacent to the Lots and Parcels listed above.
Note: Phase 2 may be built before Phase 1.
Reception 1795313
02/09/2009
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(GENERAL)
This Addendum shall be incorporated in and become a part of the September 25, 2007,
Subdivision Improvements Agreement for Bella Vista Subdivision Filing No 2 , (herein the
"Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement.
1. Prior to the issuance of a building permit to build or construct any building or
structure on each lot with the Subdivision, the sum of 300 shall be deposited (the "Deposit ")
with the Director of Finance for the future completion of installation of Traffic Signals located at
the intersections of Outlook Blvd. and Wills Blvd Outlook Blvd and Ea leridge Blvd and
Eaglendee Blvd. and Ridge Drive per City of Pueblo specification ( "Improvement ").
2. The Deposit shall be held in an interest- bearing account identified as the Outlook
West Traffic Signals ( "Account "). The Deposit and interest thereon shall be expended solely for
the completion of the Improvement within twelve (12) years of the date of the Deposit on a first
in, first out basis, that is, the first Deposit in the Account paid shall be considered the first
Deposit expended. If the improvements have not been installed within such twelve (12) year
period, the twelve year period shall be extended, if in the opinion of the City's Director of Public
Works, it appears likely the improvements will be needed, provided that such twelve (12) year
period may not be extended for more than twelve additional years. Deposits not so expended
shall be refunded upon application to the record owner of the property for which the Deposit was
made. Applications for refund shall be made in writing to the Director of Finance within six (6)
months after the expiration of the twelve -year period following date of payment. Application
shall be accompanied by a copy of the dated receipt issued for payment of the Deposit or other
documents satisfactory to the Director of Finance that the fee was paid and date of payment,
together with a copy of the deed to such property showing the applicant to be the current record
owner of the property.
3. The covenants of this Addendum shall run with the land within the Subdivision
and shall extend to, be binding upon, and inure to the benefit of the City of Pueblo and
Subdivider and their respective heirs, personal representatives, successors, and assigns. This
addendum may be specifically enforced against the Subdivider and subsequent owners of lots
within the Subdivision.
Executed at Pueblo, Colorado as of, � �vu /d / 1
�m q,
Bella Vista of Pueblo, LLC. a Colorado Limited Liability Company
Roger H. Fonda, Manager
1795313 RDD_RGR 02/09/2009 03:06:08 PM
Page: 2 of 2 R 11.00 D 0.00 T 11.00
STATE OF COLORADO ) Gilb ert Ortiz Clerk /Recorder, Pueblo County, Cc
ss. ®III It'd 1 1 Pall #'liW IN W MW M ®1 III
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 1.3 -41 day f T u
Y,
. 200 - ? _ , by Roger H. Fonda as Manager of Bella Vista of Pueblo, LLC, a Colorado Limited
Liability Comnanv, a Subdivider.
My commission expires:
�,,.�.• -r,,, - 7
/t1 ZJ�Tn!�y Y1
1!
ti 1 1r%
nj
ti'y ccmriseiG;le pi;es5.21 -2011
Approved as to Form:
!� /l�
Notory Public iap/ G/ Pv'e
Parb /a, co 8160V
CITY OF PUEBLO
a Municipal Corporation
By
President of the City Counc'
City Attorneyej`
Reception 1795314
02/09/2009
Drainage and Private Utility EASEMENTS FOR
(type of easement)
Bella Vista Subdivision, Filing No. 2
(name of subdivision)
THIS DECLARATION OF COVENANTS is made as of
Bella Vista of Pueblo. LLC, a Colorado Limit
Liability Company ', herein the "Declarant"
Easement means and includes the land shown and dedicated on the plat of the
Subdivision, or otherwise granted or dedicated in or outside of the Subdivision, for
landscaping, drainage, storm water detention, streets, sidewalks, or utility purposes that
serve or benefit the Subdivision. Easements granted or dedicated outside of the
Subdivision are described in the attached Exhibits (`B ", "C ").
Facilities means and includes All Private Storm Drainage and
Private Water Main Infastructure Z , located in an Easement.
Lot means a lot or other designated parcel of land within the Subdivision other
than Easements.
Lot Owner means and includes all persons and entities having any right, title or
interest in and to a Lot, or any part thereof.
Subdivision means the Bella Vista Subdivision, 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.
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.
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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.
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Gilbert Ortiz Cl Pueblo County, Co
mill VIM IffAIVIlHAVI MMIAliIy h 11 111
3. Binding Effect
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.
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Gilbert Ortiz CierklRecorder, Pueblo County. Co
Applicable Law ®III I�Y'iYY�11 t���ll Ih� ItG����flG�4L4Ff�lH'� 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 writte .
D cl ant
COUNTY OF PUEBLO )
)ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this )3 day of
.7 by Roger H. Fonda. Manager of Bella Vista of Pueblo, LLC,
a Colorado Limited Liability Company
Witness my hand and official seal.
My commission expires: S- al'oPZlI
�:� pn1� � Vim
(SEAL) -. otary blic /aol a/�445/
�'Y � Pu /o, co �i y
Myccmm!zs!m expires 521 -2011
DPW 105
02/05/02