HomeMy WebLinkAbout07978Reception 1805863
05/19/2009
Ordinance No. 7978
AN ORDINANCE APPROVING THE D.A.V. SUBDIVISION PLAT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the D.A.V. Subdivision Plat being a subdivision of land legally
described as:
Block 113, Beulah Heights, First Filing, Except a right -of -way conveyed to
Pueblo, a Municipal corporation, More particularly described as the
Easterly 16 feet of Block 1B, Beulah Heights, First Filing, running Parallel
and adjacent to Prairie Avenue, County of Pueblo, State of Colorado.
Property contains 3.952 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 Subdivision is approved with the following conditions:
Allow the waiver for overhead power lines to remain overhead along O'Neal Avenue
if landscape improvements are made within the right -of -way along Prairie Avenue.
All landscaping must conform with Municipal standards and be completed prior to
the issuance of a Certificate of Occupancy for any building permit issued for Lots 1
or 2, Block 1B, D.A.V. Subdivision.
2. All electric feeds to the streetlights located on the northern and southern property
lines of the subdivision (adjacent to O'Neal Avenue and Aster Street) must be
buried.
3. Approval subject to a design review of the proposed structure on Lot 2 by the staff of
the Planning Department to determine that the design is appropriate for the location
both as it relates to Prairie Avenue and the adjacent neighborhood in order to
continue to enhance the appearance of the neighborhood.
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.
1805863 ORD 05/19/2009 03:19:27 PM
Pe e: 2 of 2 R 11.00 D 0.00 T 13,00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
SECTION 4. 11111AMIVICHICIVIV MI ILK
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 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, (b) the
conditions of Section 2 have been met and complied with, and (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.
t
ATTESTED BY.
Y`CLERK
INTRODUCED: February 9, 2009
BY: Randy Thurston
COUNCIL PERSON
APPROVED: LGs✓
PRESIDENT OF CIT COUNCIL
PASSED AND APPROVED: February 23, 200
ON aim I ff. NO=
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 16
DATE: FEBRUARY 9, 2009
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE APPROVING THE D.A.V. SUBDIVISION PLAT
ISSUE
Shall City Council approve a request to resubdivide Block 1 B, Beulah Heights
Subdivision into two lots to facilitate redevelopment on the southern portion of the
parcel?
The Planning and Zoning Commission, at their January 14, 2009 Regular Meeting,
voted 6 -0 to recommend approval with the following conditions:
1. Allow the waiver for overhead power lines to remain overhead along O'Neal Avenue
if landscape improvements are made within the right -of -way along Prairie Avenue.
All landscaping must conform with Municipal standards and be completed prior to
the issuance of a Certificate of Occupancy for any building permit issued for Lots 1
or 2, Block 1 B, D.A.V. Subdivision.
2. All electric feeds to the streetlights located on the northern and southern property
lines of the subdivision (adjacent to O'Neal Avenue and Aster Street) must be
buried.
3. Approval subject to a design review of the proposed structure on Lot 2 by the staff of
the Planning Department to determine that the design is appropriate for the location
both as it relates to Prairie Avenue and the adjacent neighborhood in order to
continue to enhance the appearance of the neighborhood.
BACKGROUND
The applicants are proposing to resubdivide Block 1 B, Beulah Heights Subdivision into
two lots to facilitate redevelopment on the southern portion of the parcel. The
subdivision would create two large lots, Lot 1, 85,040 square feet and Lot 2, 87,120
square feet.
Currently the DAV occupies the northern half of Block 1B with a lounge /hall. The
southern portion of parcel is a vacant and vegetated with native grasses. The east and
west property lines are fenced with chain -link and the power for the building and parking
lot lighting is provided from overhead feeds. The applicants have requested a waiver to
allow all power, along O'Neal and Prairie Avenues, to remain overhead. Staff supports
the request for waiver, allowing the power lines to remain, with the condition that the
right of way adjacent to Prairie Avenue and the proposed subdivision be landscaped.
The electric feeds located on the northern and southern property lines adjacent to
O'Neal Avenue and Aster Street will be buried.
FINANCIAL IMPACT
None.
Reception 1805865
05/19/2009
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on _&a,4 17 between the
CITY OF PUEBLO, a Municipal Corporation ( "City "), and
Steel City Chapter 39 Disabled Americana Veterans a Colorado Corporation
( "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
D.A.V. Subdivision Filing Nol
( "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
DPW 101
Dec. 2007
18 SUBO AG 05/19/2009 03:19:27 PM
G116ert z /Recorde: Pueblo Courty,
O r 0 , Cc
®III M16KPIKAk1MAr, MN 1���IMIMMil 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 ".
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
Dec, 2007
1805865 SU60_RG 05/19/2009 03:19:27 PM
Page: 3 of 10 R 51.00 D 0.00 T 51.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
®III RAPMMKINH OMICKAltiAi A1014, 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 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.
The required time to complete all Required Public Improvements by Subdivider
within such block shall be one (l) 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
Dee. 2007
18 SUED _RG 05/19/2009 03:19:27 PM
GHlbert z Pueblo Coun Cc
®III N�' iNdri�ut�Iq t�I��ICI�h'bM�1�4'I�+�II�iY 1 ®I III
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
DPW 101
Dec 2007
1805855 SUBD_RG 05/19/2009 03:19:27 PM
Page: 5 of 10 R 51.00 D 0.00 T 51.00
Gilbert Ortiz Clark /Recorder Puebla County.. Cc
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 XI 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 XI 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 Xll 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.
DPW 101
Dec. 2007
1805355 SUBO_RG 05/19/2009 03:19:27 PM
Giilbert Clerk/Recorde de P r 0 0 blo ounty Cc
uF
1111M %MINM'��iw�rl�Tt�tir&W A Kii 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.
Steel City Chapter 39 Disabled American Veter
Subdivider
(SEAL)
By: Lee Romer
By: y -
The foregoing instrument was
acknowledged before me on Nsk a
? by Steel City
Chapter 39 Disabled American Veterans Subdivider.
pe10R111f q '
' ion expires:
�� �11{�}LEiomYss
a
j*4-o
O ' C '•'�
_ tt o :a
Nota y Public
Co 4
Y
Y OF PUEBLO, a Municipal Corporation
i� day�� 4yl�t`
; " / /GCS✓
top � r`` .
B f
City Council
President of
AT ST
ra
City rk
KI °
N #�
STATE OF COLORADO
) 1 2.� $
ss.
COUNTY OF PUEBLO
)
The foregoing instrument
was acknowledged before me this f day of
gAnl
' 2009 by Ve rat 01_jr as
President of C ty Council, and
&) )-\A - as City Clerk of the City of
Pueblo, Colorado.
Witness my hand and official seal.
DPW 101
Dec.2007
r. J
, My c9mmission expires
�.SEA�
,,A4RC�V .l� TO FORM:
City
// 719/
-mw
i
1805865 SUBD AG 05/19/2009 03:19:27 PM
Pa ge: 7 of 10 R 51.00 D 0.00 T 51.00
Gilbert Ortiz ClerkfRecortler, Pueblo County, Co
®IIIIrY'6 Plil ���� '11 4�R1 4��1 +tiMA14 ®1III
DPW 101
Dec.2007
EXHIBIT "A"
SCHEDULE NO: 1515111301
LOCATION ADDRESS: 2850 CNEAL AVE., PUEBLO, CO. 81005
OWNER: STEEL CITY CHAPTER 39 DISABLED AMERICAN VETERANS
DATE: February 18, 2009
DESCRIPTION
Block 113, Beulah Heights, First Filing, except right -of -way conveyed to Pueblo, a
Municipal Corporation more particularly described as the Easterly 16 feet of Block 113,
Beulah Heights, First Filing, running parallel and adjacent to Prairie Avenue, County of
Pueblo, State of Colorado.
1805865 SUBD AG 05/19/2009 03:19:27 PM
Page: 8 of 10 R 51.00 D 0.00 T 51.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
���� �W�PJ�illu l�4L��d' i,h�h 11 Uk+ti WI M"l 11111
1805865 SUBD AG 05/19/2009 03:19:27 PM
Page: 9 of 10 R 51.00 D 0.00 T 51.00
F.MBIT'B" Gilbert Ortiz Clerk /Recerderrr, Puebla County, Cc
DEVELOPMENT: D.A.V. SUBDIVISION ®III I�.6MI ��hM�h#�i3ff HTWM,1W6101 M "i 1 1111
DEVELOPER: GLORYA AND PHILIP SILVA, D.A V.
ENGINEER: ABEL CONSULTING SERVICES, INC.
PHASE 1
DevsahWaa
Sawcul Asphalt
yd'
S1,408.00
610 LF @ $1.10 /
LF
= $671.00
Demo Asphalt
SF
= $2,346.00
2,410 SY @ $4.00 /
SY
= $9,640.00
Demo Concrete Curb & Gutter along Aster St.
SF
= $5,499.00
361 LF (a $8.00 /
LF
= $2,888.00
Demo Concrete Sidewalk along Aster St.
LF
= $4,332.00
1,444 SF @, $3.80 /
SF
= $5,487.20
Demo Concrete Sidewalk along Prairie Ave.
SF
= $408.00
541 SF @ $3.80 /
SF
= $2,055.80
'Remove Overhead Power and Burry (per Blackhills
E.)
= $6,230.00
EA @ /
EA
= S2,184.47
'Includes the war to convert OH street lights on Aster to an UG System and
retirement of the overhead conductors
IRIProYLIIKRrr
Asphalt Patch in Streets
88 yd' @ $16.00 /
yd'
S1,408.00
4" Concrete Sidewalk along Prairie Avenue
782 SF @ $3.00 /
SF
= $2,346.00
4" Concrete Sidewalk along Aster Street
1,833 SF @ S3.00 /
SF
= $5,499.00
Concrete Curb &Gutter along Aster Street
361 LF @ S12.00 /
LF
= $4,332.00
Handicap Ramps
102 SF na $4.00 /
SF
= $408.00
7" Drive Cut
1,246 SF @ $5.00 /
SF
= $6,230.00
UClrtles
Fire Hydrant Assembly
1 EA @ $3,250.00 /
EA
= $3,250.00
Water Service Line
1 EA @ $1,000.00 /
EA
= $1,000.00
Sanitary Sewer Service Line
1 EA @ $1,200.00 /
EA
= $1,200.00
Drainage IRryrovementr 6 Erosion Control
Overlot Grading
4,274 CY @ 52.20 /
CY
= S9,402.80
Fine Grading (Pond & Channel)
0.84 AC @ $18,165.00 /
AC
= $15,258.60
Pond and Channel Planting and Vegetation
.
0.84 AC @ $1,300.00 /
AC
= $1,092.00
Interim Soil Stabilization Fabric
10000 SF @ $0.65 /
SF
= $6,500.00
Retaining Wall Structure
86.00 LF @ S200.00/
LF
= $17,200.00
E.U.R.V. Release Plate
1.00 EA @ $200.00 /
EA
= S200.00
Sidewalk Chase
1 EA @ $200.00 /
EA
= $200.00
Silt Fence
600 LF @ $3.00 4
/LF
= $1,800.00
Straw Bales (Swale)
12 EA @ $13.00 /
EA
= $156.00
Vehicle Tracking Control
1 EA @ S800.00 /
EA
= $800.00
PHASE 1 TOTAL = $101,206.87
Page 1
1805865 SUBD PC 05/19/2009 03 PM
E
n Galbert l 0rt iz Cg rkRR pueblo C 51. Co
XR7BTl "B"
DEVELOPMENT: D.A.V. SUBDIVISION ®III jFlut"wilrEN lwj i8'Ii:W' Y71Lw'y 'Y®IIII
DEVELOPER: GLORYA AND PHILIP SILVA, D.A.V.
ENGINEER: ABEL CONSULTING SERVICES, INC.
PHASE 2
Demaladon
Demo Concrete Sidewalk along Prairie Ave.
1,533 SF A $3.80 / SF = S5,825.40
Removal of Water Meter and Decomission Service Line
1 EA (d $500.00 / EA = S500.00
'Rcmc•ro C ? :cad Power and Duiv, fpe: B ckYullr: E.i
EA EA
-Due to the Phase 2 taking place at some unkown future date, the
pricing for burial of power lines will be assessed at that time
Impovemeatr
4" Concrete Sidewalk along Prairie Avenue
1,860 SF A $3.00 / SF = $5,580.00
Handicap Ramps
102 SF A $4.00 / SF - $408.00
PHASE TOTAL = $12,313.40
NOTES:
1. This is an estimate only. Actual construction costs may vary.
2. Landacping costs are NOT included in this estimate with the exception of reseeding the pond and channels.
These costa will be provided by Landscape Architect.
PREPARED BY: Darlene K. Horn, P.E.
FIRM: Abel Consulting Services, Inc.
The undersigned hereby certifies that (i) the REQUIRED Public Improvements shown hereon and
on the Plans and Specifications meet the requirements of and have been designed in accordance
with Chapter 4, Title XII of the Pueblo Municipal Code as amended and the currents standards
and specifications as 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 arq the most current wit prices provided by the City of Pueblo.
11 F
PK
�AAJ
REVIEWED BY.
a r
Board of Water Works
APPROVED BY: _T-T Direc r Of Pub Date
Page 2
Reception 1806687
05/28/2009
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(PHASED CONSTRUCTION)
This Addendum shall be incorporated in and become a part of the MA%zr 4 F7 , 20o9 ,
Subdivision Improvements Agreement for D.A. V. Subdivision Filing No 1 (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 I 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 17 11 d A y 0 F 'A r4 i 2
Steel City Chapter 39
Disabled American Veterans
Subdivider
DPW 103
1/6/03
By (7:�
By Lee Romero
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this irk tL day of
(V� 2oo9 by Steel City Chapter 39 Subdivider.
Disabled American Veterans
Witness my hand and official seal.
commission expires: I vL 10
7 �3�C1.5
'• k
S�A� ]� = Not *y Phblic
CITY OF PUEBLO,
a Municipal Corporation
B �{�u
President of the Council
1806687 ADD AGR 05/28/2009 10:25:49 AM
Page: 2 of 3 R 36.00 D 0.00 T 16.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
®III NNLN IA51+ih144 {014 11111
DPW 103
1/6/04
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "A"
The Subdivider will develop the Subdivision in separate phases in the following sequence:
(a) Phase I shall consist of the following lots within the Subdivision:
Lot 2 Block 1B, D.A.V. Subdivision, Filing No. 1, Formerly
block 1B, Beulah Heights Subdivision, Filing No. 1,:.Located
within a Parcel of land located in the East one half of the NE
Quarter, Section 15, Township 21 South, Range 65 West of the
6th Principal Meridian, City of Pueblo, County of Pueblo,
State of Colorado.
(b) Phase II shall consist of the following lots within the Subdivision:
Lot. 1,,. Block 1B, D.A.V. Subdivision, Filing No. 1, Formerly
Block 1B, Beulah Heights Subdivision, Filing No. 1, Located
within a Parcel of land located in the East one half of the NE
Quarter. Section 15, Township 21 South, Range 65 West of the
6th Principal Meridian, City of Pueblo, County of Pueblo,
State of Colorado.
18 ADD_RGR 05/28/2009 10:25:49 AM
Gllbe 3 of Pueblo l Cou 0 nty, Co
®III F� I�ithl�� �4�xh4a,N9N W M MLIM N 1111
DPW 103
1/6/04