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HomeMy WebLinkAbout08621Reception 1963795 12/23/2013 03:09:33 PM ORDINANCE NO. 8621 AN ORDINANCE APPROVING THE PARK WEST BUSINESS CAMPUS, FILING NO. 8 SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: ata SECTION 1. Y The final plat of the Park West Business Campus, Filing No. 8 Subdivision, being a� subdivision of land legally described as: am ;' �oY r A resubdivision of all of Lot 1, Block 1 in Park West Business Park, Filing No. 5 °--- in the County of Pueblo and State of Colorado and being more particularly described as follows: mm —� �aa Considering the west line of Lot 1, Block 1 in Park West Business Park, Filing Nm v No. 5 to bear N.01 °45'08" E. and all bearings contained herein being relative N: \ Y thereto. N � ON U — • All of Lot 1, Block 1 Park West Business Campus, Filing No. 5 according to the ° o N recorded plat thereof as filed for record at Reception No. 1768305 in the Pueblo �� ° Co unty records " ° Containing 43.97 acres, more or less attached hereto, is hereby approved. SECTION 2. The subdivision is approved with the following conditions: 1. Water main and appurtenances will need to be installed in Counzo Lane prior to the installation of the public improvements and prior to taking service to Lot 1. 2. A water service line, and possibly a fire line, will need to be installed from the water main into proposed Lot 1 prior to the installation of the public improvements and prior to taking service to Lot 1. SECTION 3. The acceptance of such dedicated streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 4. 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, 0. 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. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance to effectuate the policies and procedures described herein. SECTION 6. This Ordinance shall be approved and effective upon final passage, provided, however, that the final plat complies with Chapter 4 of Title XII of the Pueblo Municipal Code and with the subdivision requirements of the City with such modifications, if any, approved by City Council, and has been filed with and approved by the Director of Public Works, (b) the conditions of Section 2 have been agreed to in writing by the subdivision developer, and (c) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. All information, documents, drawings and profiles required by Chapter 4 of Title XII of the Pueblo Municipal Code shall be submitted and filed with the subdivision plat, except that the filing and approval of required detailed plans and profiles for streets, sanitary sewers, storm sewers and other drainage facilities, off -site easement, covenants or subdivision improvements agreement, described in a written instrument mutually acceptable to the subdivider and the Director of Public Works may be deferred for up to one (1) year from the date the final subdivision plat is approved by ordinance adopted by the City Council (the "Deferred Filings "). If a complete set of such Deferred Filings are for any reason not filed with and approved by the Director of Public Works within said one -year period, the ordinance conditionally approving the final subdivision plat may be rescinded and repealed by Ordinance adopted by City Council not sooner than thirty (30) days after written notice of such deficiency is given to the subdivision developer. No vested rights shall accrue to the subdivision or be acquired until such Deferred Filings are approved by the Director of Public Works and recorded in the office of the Pueblo County Clerk and Recorder. i itLc co / 14v- - ( co, INTRODUCED: AUGUST 12, 2013 is , / v ( A , V ., BY: Chris Kai f . • ,..�;�:; I'�" 1'lr•,,,..�. • APPROVE � � - ._.r_" A. t a A° / ' - - BENT OF CITY C IL ATTESTS b , ' `,y.�;r _ t CITY CLERK PASSED AND APPROVED: August 26, 2013 1963795 ORD 12/23/2013 03:09:33 PM Page: 2 of 2 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ®iii R 5p�.1101i/0eII Iw r kin �i ti tAi 11111 Background Paper for Proposed ORDINANCE DATE: AUGUST 12, 2013 AGENDA ITEM # S-4 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JULIE ANN WOODS, AICP/ASLA, DIRECTOR TITLE AN ORDINANCE APPROVING THE PARK WEST BUSINESS CAMPUS, FILING NO. 8 SUBDIVISION PLAT ISSUE Should City Council approve the request to resubdivide the 43.97-acre (1,772,892 square foot) property into two (2) lots and a drainage parcel? RECOMMENDATION The Planning and Zoning Commission, at their June 12, 2013 Regular Meeting, voted 4-0 to recommend approval with the following conditions: 1. Water main and appurtenances will need to be installed in Counzo Lane prior to the installation of the public improvements and prior to taking service to Lot 1. 2. A water service line, and possibly a fire line, will need to be installed from the water main into proposed Lot 1 prior to the installation of the public improvements and prior to taking service to Lot 1. BACKGROUND The subject property is located across Spaulding Avenue from the YMCA Campus. The applicant is proposing to resubdivide the 43.97-acre parcel of land into two (2) lots and a drainage parcel (Parcel A), to facilitate the development of the Spanish Peaks Health and Wellness Center Campus. The subdivision will also dedicate a new street to the north of Lot 1 to provide access to the lots, as well as serve as a future connection to Parker Boulevard. FINANCIAL IMPACT The approval of this subdivision plat will not have any immediate financial impact to the City. However, build out of this campus with the various social and health services provided will, like other developments, require a higher level of City services (police, fire, etc.) than currently is provided to the vacant land parcel. Reception 1963797 12/23/2013 03:09:33 PM SUBDIVISION IMPROVEMENTS AGREEMENT f THIS AGREEMENT is made on a : ,41441/9tAA- /Z , �/ 3 , between the CITY OF PUEBLO, a Municipal Corporation ( "City"), and Qwanzo, LLC, a Colorado Limited Liability Company f ff ( "Subdivider "). . RECITALS 1 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 Park West Business Campus, Filing No. 8 ( "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: 1. 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 DPW101 Dec. 2007 1963797 SUBD_AG 12/23/2013 03:09:33 PM Page: 2 of 12 R 66.00 D 0.00 T 66.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co gill 1 escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit ". 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within y 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. DPW I01 2 May 2009 1963797 SUBD_AG 12/23/2013 03:09:33 PM Page: 3 of 12 R 66 00 D 0.00 T 66.00 Gilbert Ortiz Clerk /Recorder Pueblo County, Co 111 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. 7. As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought, have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and the restriction on the issuance of building permits contained in Paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors, and assigns of the Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks, and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights -of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to compete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public DPW 1Oi 3 May 2009 1963797 SUBD_AG 12/23/2013 03:09:33 PM Page: 4 of 12 R 66.00 D 0.00 T 66.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co III �r o Pr'«4k � �lpa f r w'tiJ W 1 111 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, ff 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 l 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 10l 4 May 2009 { �f 1963797 SUBD_AG 12/23/2013 03:09:33 PM Page: 5 of 12 R 66.00 D 0.00 T 66.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co III lF ria � ' � il l a l �l� �1�` �' �1 '��V� � '� I111 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 - 7(j)(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 5 May 2009 1963797 SUBD AG 12/23/2013 03:09:33 PM Page: 6 of 12 R 66.00 D 0.00 T 66.00 Gilbert Ort Clerk /Recorder, Pueblo County, Co III E i rh 0 1111 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. Qwanzo, LLC, a Colorado Limited Liability Company a.4. _a T a .n.a ten. — .w.. war —.u. JESSICA L. MOCIRE by Outlook Development, LLC, a Colorado Limited Liability Company, its Manager NOTARY PUBLIC Subdivider ' STATE OF COLORADO L - (St :AD)OTARY ID 20134067379 By: My Commission Expires 1045-2017 . Thomas C. Cone, Manager of Outlook Development, LLC By: The fore oing instrument was cknowledged before me on - Actin her 1 V 3, by l tir. , Subdivider. My commission expires: 10 ` ' - t / 4 off lPA_w.. / 1 01 No sr b is CITY i LO, a Anic .al Corporation re-; t of City Council A 1ST: \ y 1.A 10 ° Acdiv9 City Clerk // . • I 1 STATE OF COLORADO ) \ , 11111111111118 ss. °'- COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this / .day of Lece� 6.e.r , ,?0/3 by c_Sfeher? N a roro ck r , as f�i President of City Council, and iv m/p -we • C.f as City Clerk of the City of Pueblo, Colorado. a q Witness my hand and official seal. ./ DPW 101 6 May 2009 JEANETTE R. GONZALES NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134016224 MY COMMISSION EXPIRES MARCH 29, 2017 1963797 SUBD AG 12/23/2013 03 PM Page: 7 of 12 — R 66.00 D 0.00 T 66.00 Gilbert Ortiz Cle rk /Recorder, Pueblo County, Co III �4IPdN'aliiIi 'f4ti�'F�a��'rt ' � jL ' ti I III My commission expires: J � � 7 All r « .' L.60 [ SEAL] Notary Public $ GONZALES APPROVED AS TO FORM: 1 4t4 / &I � — JEAN NOTARY PUBLIC City Attorney STATE OF COLORADO NOTARY ID 20134016224 MY COMMISSION EXPIRES MARCH 29, 2017 I 1 • DPW 101 7 May 2009 1963797 SUBD_AG 12/23/2013 03:09:33 PM Page: 8 of 12 R 66.00 D 0.00 T 66.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co NI MI III EXHIBIT A LAND DESCRIPTION • A resubdivision of all of Lot 1, Block 1 in Park West Business Park, Filing No. 5 in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the west line of Lot 1, Block 1 in Park West Business Park, Filing No. 5 to bear N.01 °45'08" E. and all bearings contained herein being relative thereto. All of Lot 1, Block 1 Park West Business Campus, Filing No. 5 according to the recorded plat thereof as filed for record at Reception No. 1768305 in the Pueblo County records Containing 43.97 acres, more or less 1963797 SUBD AG 12/23/2013 03:09:33 PM Page: 9 of 12 R 66.00 D 0.00 T 66.00 Gilbert Ortiz Clerk /Recorder, Pueb County, Co III ElitrrdE V i iro' SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: PARK WEST BUSINESS CAMPUS, FILING NO. 8 JN 9904536 DEVELOPER: QUANZO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. SANCHEZ LANE STREETS 4" Asphalt over 9" Base Course 2959 SY © $23.00 /SY = $68,100 Curb and Gutter 1504 LF @ $12.00 /LF = $18,100 Handicap Ramp 720 SF @ $4.00 /SF $2,900 Square Pan Radius 1200 SF © $5.00 /SF $6,000 Tactile bands 6 EA @ $350.00 /EA $2,100 Flowable Backfill 50 CY © $75.00 /CY = $3,800 WATER 8" PVC Water Main 770 LF @ $47.50 /LF = $36,600 Service 1 EA @ $600.00 /EA = $600 Fire Hydrant Ass'y 2 EA © $3,250.00 /EA = $6,500 SANITARY SEWER: 8" PVC Sewer Main 770 LF @ $35.00 /LF = $27,000 Services 1 EA @ $1,200.00 /EA = $1,200 48" Manholes 2 EA @ $2,500.00 /EA = $5,000 STREET LIGHTS 2 EA @ $1,450.00 /EA = $2,900 MONUMENTS City Right -of -Way Monuments 1 EA @ $655.00 /EA = $700 SIGNAGE T- Intersection (60' R -O -W) 1 EA © $325.00 /EA = $400 Barricades 1 EA © $1,280.00 /EA = $1,300 SUBTOTAL $183,200 1 of 4 1963797 SUBD AG 12/23/2013 03:09:33 PM Pa 10 12 66 00 0.00 . 00 Gilber Ortiz of. Cler / R Reco rder D , Pueblo T Coun t y, Co Mill I r efM il t i Jb� P r� 4« WA ' 1 111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: PARK WEST BUSINESS CAMPUS, FILING NO. 8 JN 9904536 DEVELOPER: QUANZO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. SPAULDING AVENUE STREETS 4" Asphalt over 18" Base Course 160 SY @ $36.50 /SY = $5,900 Curb and Gutter 180 LF @ $12.00 /LF = $2,200 DRAINAGE 42" RCP 16 LF @ $90.00 /LF = $1,500 30" RCP 112 LF @ $66.00 /LF = $7,400 Manhole - 72" 1 EA @ $3,000.00 /EA = $3,000 Rip Rap 80 CY © $55.00 /CY = $4,400 SUBTOTAL $24,400 2 of 4 1963797 SUBD AG 12/23/2013 03:09:33 PM Pa 11 of 12 R 66.00 D 0.00 T .00 Co Gilber Or tiz Clerk /Recorder, Pueblo Coun HAM SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: PARK WEST BUSINESS CAMPUS, FILING NO. 8 JN 9904536 DEVELOPER: QUANZO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. MISC. IMPROVEMENTS CHANNEL Grading 9300 CY @ $2.20 CY = $20,500 SANITARY SEWER: 8" PVC Sewer Main 820 LF @ $35.00 /LF = $28,700 Services 1 EA @ $1,200.00 /EA = $1,200 48" Manholes 2 EA @ $2,500.00 /EA = $5,000 DRAINAGE 42" RCP 102 LF @ $90.00 /LF = $9,200 Manhole - 72" 1 EA @ $3,000.00 /EA = $3,000 Flared end section 1 EA © $3,000.00 /EA = $3,000 Rip Rap 30 CY @ $55.00 /CY = $1,700 SUBTOTAL $72,300 3 of 4 1963797 SUBD AG 12/23/2013 03:09:33 PM Page: 12 of 12 R 66.00 0 0.00 T 66.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co 1111 E P � �� � I � � P1' r 1 111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: PARK WEST BUSINESS CAMPUS, FILING NO. 8 JN 9904536 DEVELOPER: QUANZO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. TOTAL PROJECT: $279,900 This is an estimate only. Actual construction costs may vary. PREPARED BY: J. HAWKINS FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC. The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and on the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the Subdivision Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council, (ii) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements and (iii) the unit prices shown hereon are the most current unit prices provided by the City of Pueblo. • p t% • � - : � i 4020 ' -° • • • izii4V(Z1 s s �ONAI E�G= /z {PE SEAL] P ofessional E •ine-./ Date REVIEWED BY: Dire or of Public Works 4 DDate 4 of 4 Reception 1963798 12/23/2013 03:09:33 PM EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this ,2 day of ���,$��_ oh9/ by It QWANZO, LLC, a Colorado limited liability company, Grantor, to PUEBLO, a Municipal Corporation, Grantee: WITNESSETH: TI IAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of drainage in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as Lot 1, Block 1, Park West Business Campus, 4 Filing No. 5 and described as follows: (the "Property") See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this /Z day of ��j'J�� , . GRANTOR QWANZO, LLC, a Colorado Limited Liability Company, by Outlook Development, LLC, a Colorad s • ited Liability Co any, its Manager By: Thomas C. Cone, its Manager COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) f, The foregoing instrument was acknowledged before me this 19.4.1 day of �Qc ber a pt 3 , by Thomas C. Cone, as Manager of Outlook Development, LLC, a Colorado limited liability company, the Manager of Qwanzo, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: ( P - 1 " i 7 ._.w ethlta JESSICA L. MOORE P 411,411" NOTARY PUBLIC PW ISTATE OF COLORADO y '� mmi Expiires 10-25-2017 • 1963798 EASE 12/23/2013 03:09:33 PM Page 2 o 3 R 2 1.00 D 0 T 21.00 Gilbert Ortiz C lerklRecorder, Pueblo County, Co III R P oi 'OW I Ia: VII kY� i V VR Wi; I. 'h MI111 EXHIBIT A DRAINAGE EASEMENT LAND DESCRIPTION An easement for Storm Drainage purposes through a portion of the W '/2 of the SW 1 /4 of Section 15, Township 20 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado, being 30 feet in width, 15 feet on each side of the following described centerline: Considering the South line of Park West Business Campus, Filing No. 3 to bear N. 88 °43'39" E. and all bearings contained herein being relative thereto. Commencing at the southwest corner of Lot 1, Block 1 in Park West Business Campus, Filing No. 3 according to the recorded plat thereof as filed for record at Reception No. 1626947 in the Pueblo County records; thence N. 88 °43'39" E., along the south line of said Lot 1, a distance of 31.51 feet to the Point of Beginning; thence S 00 °41'34" E., a distance of 251.34 feet; thence southerly along the arc of a curve to the right whose radius is 150.00 feet, a distance of 119.62 feet; thence S. 45 °00'00" W., a distance of 56.90 feet; thence southerly along the arc of a curve to the left whose radius is 150.00 feet, a distance of 122.32 feet; thence S. 01°43'18" E. a distance of 648.12 feet; thence N. 89 °12'05" E., a distance of 104.57 feet to the westerly line of a 30 foot Drainage Easement recorded at Reception No. 1555457 in the Pueblo County records and the Point of Terminus. I, David M. Stravia, being a licensed Professional Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. 1t filutullnp ry/ ,�. 4;1 M. sr,�4, + ,,� ,, iC STERFQ �' * #12933 <1,17/ '11,6z- 0 SUR�� Q, David M. Stravia g, „iO on (TOP Colorado P.L.S. 12933 NorthStar Engineering and Surveying, Inc. December 13, 2013 JN 99 045 36 Page 1 of 2 ,:. . ,, . t A PARK WEST BUSINESS CAMPUS, \ P.O.0 I FILING NO. 3 \ — — ¢ L_ .N88 °43'39' (BASIS OF BEARINGS) 563.12'—. \ -- \ ig w P. ❑.B. `�, ' \ n d N88 °43'39'E \ as J 1 31.51' S '34'E 1 112511..3434' ,i I I ' 'I // II // / R= 150.00' li 1 / / / i D =119.e 62 ' 34 ' --))[- :: / ,/ S4 °00'00'W / 56 .90' j I / R= 150.00' D =46 °43'18' 1 L= 122.32' � 15' ----I I q LOT 1, BLOCK 1 SCALE: 1' = 200' PARK WEST BUSINESS 7 q; 15' CAMPUS, FILING NO. 5 i 0 100' 200' 4 00' 1 (RECEPTION NO. 1768305) 1 EMU 1 I 1 7 S01 ° 43 ' 18 ' E I I 648.12' 7 I 1 II iii I N89 °12'05'E 1 � L 104.57' 30' DRAINAGE EASEMENT (RECEPTION NO. 1555457) L ❑.T VILLAS AT PARK WEST S.A.P. BASIS OF BEARINGS: LEGEND SOUTH LINE OF LOT 1, BLOCK 1 P.O.B. POINT ❑F BEGINNING PARK WEST BUSINESS CAMPUS, P FILING NO. 5 BEARS N89 °12'05'E P.O.C. P ❑INT OF COMMENCEMENT R P.O.T. P ❑INT OF TERMINUS E FOUND N❑. 4 REBAR WITH 1' DIAMETER P YELLOW PLASTIC CAP, P.L.S. 12933 A KITE, 1963798 EASE 12/23/2013 03:09:33 PM E THIS EXHIBIT WAS NOT PREPARED AS A P 2 1 . D 0 0 D MONUMENTED LAND SURVEY, AND WAS ONLY Gilbe e:r 3 O rrto f 1z 3 Cle r kk //Re r r de r 0 , .0P ue blo 2 Coun 1 .0 t y,Go PREPARED TO DEPICT THE ATTACHED LAND DESCRIPTION, III loci � ikiiiw •mi11'Iie irici�'ft': N 0 ilium, III I B Y: NORTHSTAR ENGINEERING AND SURVEYING, INC. JN 99 045 36 PAGE 2 OF 2