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HomeMy WebLinkAbout08899Reception 2043639 07/27/2016 02:38:01 PM ORDINANCE NO. 8899 AN ORDINANCE APPROVING THE PINION RIDGE COMMERCIAL CENTER SUBDIVISION, FILING NO. 2 SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Pinion Ridge Commercial Center Subdivision, Filing No. 2, being a subdivision of land legally described as: A PARCEL OF LAND LOCATED WITHIN THE NORTHWEST ONE- QUARTER OF SECTION 1, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 1, THENCE S 89°43'46" E ALONG THE SOUTHERN BOUNDARY OF PINION RIDGE COMMERCIAL SUBDIVISION, A DISTANCE OF 341.76 FEET TO THE POINT OF BEGINNING; THENCE S 01°16'19" W, A DISTANCE OF 285.82 FEET; THENCE S 88°43'41" E, A DISTANCE OF 109.93 FEET; THENCE S 89°45'20" E, A DISTANCE OF 522.47 FEET; THENCE N 06°50'31" E, A DISTANCE OF 289.36 FEET TO A POINT ON THE SOUTH LINE OF LOT 1, BLOCK 1 OF PINION RIDGE COMMERCIAL SUBDIVISION; THENCE S 89°43'46" E ALONG THE SOUTH LINE OF SAID PINION RIDGE COMMERCIAL SUBDIVISION A DISTANCE OF 120.02 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 1 OF PINION RIDGE COMMERCIAL SUBDIVISION; THENCE, THE FOLLOWING 4 COURSES ALONG THE PERIMETER OF SAID LOT 1, BLOCK 1 OF PINION RIDGE COMMERCIAL SUBDIVISION: 1. N 01°16'01" E, A DISTANCE OF 364.87 FEET; 2. N 84°49'16" E, A DISTANCE OF 397.63 FEET; 3. N 88°43'49" W, A DISTANCE OF 195.00 FEET; 4. S 01°16'01" W, A DISTANCE OF 402.30 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK 1 OF PINION RIDGE COMMERCIAL SUBDIVISION; THENCE S 89°43'46" E, ALONG THE SOUTHERN BOUNDARY OF SAID PINION RIDGE COMMERCIAL SUBDIVISION A DISTANCE OF 120.02 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 381,991 SQUARE FEET OR 8.769 ACRES MORE OR LESS. attached hereto, is hereby approved. 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. SECTION 3. 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. 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 5. This Ordinance shall be approved and effective upon final passage, provided, however, that (a) 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 and (b) 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. 4o&L0•Cp 44 1 1 L°,\ INTRODUCED: JULY 13, 2015 s ,) BY: Ed Brown 1 c— ' CIL PO ON .,/,,eni''-111111111111r141-triall 4° -..... APPROV J PR SIDENT OF CITY COUNCIL ATTESTED BY: ° _ M.: 0 • TY CLERK PASSED AND APPROVED: July 27, 2015 City Clerk’s Office Item # R-5 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: July 13, 2015 TO: President Stephan G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE PINION RIDGE COMMERCIAL CENTER SUBDIVISION, FILING NO. 2 SUBDIVISION PLAT SUMMARY: The applicant is requesting to subdivide and combine the 8.75-acre property into the existing Lot 1, Block 1, Pinion Ridge Commercial Center Subdivision creating the new Lot 1, Block 1, Pinion Ridge Commercial Center Amendment No. 1 Subdivision. PREVIOUS COUNCIL ACTION: The Pinion Ridge Commercial Center Rezoning will be heard concurrently with this item. BACKGROUND: The subject property is located south of 1250 Drew Dix Parkway (6470 N. Elizabeth), Loves Travel Stop. The applicant is proposing to subdivide the 8.75-acre parcel and combine it into Lot 1, Block 1, Pinion Ridge Commercial Center Subdivision, creating Lot 1, Block 1, Pinion Ridge Commercial Center Amendment No. 1 Subdivision. The proposed subdivision will facilitate the expansion of the existing Loves Travel Stop parking lot to accommodate more customers. FINANCIAL IMPLICATIONS: The approval of this subdivision plat will not have any immediate financial impact to the City. However, build out of this lot will require a higher level of City services (police, fire, etc.) than currently is provided to the vacant land parcel. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their December 10, 2014 Regular Meeting, voted 6-0-0 with Commissioner Webb absent, to recommend approval with conditions. Subsequently, the applicant has complied with all conditions of approval. STAKEHOLDER PROCESS: The Planning Department sent out Notice of the Planning and Zoning Commission Public Hearing to all property owners located within 300 feet of the subject property. A Public Notice poster was placed on the subject property 15 days prior to the Public Hearing. The applicant was represented at the Planning and Zoning Commission Public Hearing by Highline Engineering and Surveying who testified in favor of the application. ALTERNATIVES: If City Council does not approve this Ordinance, the current subdivision would remain and would impede the applicant’s ability to construct the buildings. Upon request of City Council, the Ordinance could be returned to the Planning and Zoning Commission for consideration of proposed modifications. RECOMMENDATION: Approval of the Ordinance. Attachments: Minutes of the Planning and Zoning Commission December 10, 2014 Public Hearing Planning and Zoning Commission Staff Report with Exhibits Reception 2043641 07/27/2016 02:38:01 PM SUBDIVISIUN IMPRUVEMENTS AGREEMENT . THIS AGREEMENT is made on JVNE Z J 0il0 between the CITY OF PUEBLO, a Municipal Corporation ("City"), and LOVE'S TRAVEL STOPS & COUNTRY STORES, INC., an Oklahoma 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 Pinion Ridge Commercial Center 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: 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 escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit". 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the cost of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer to the proposed building site. In any case where the block, as later defined, exceeds one thousand feet (1000') in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be 1 t00172508.nocx;4) 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 feet (60') 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. 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 2 {00172508.DOCX;4} 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 complete 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 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 other than (i) that certain Right of Way dated August 10, 1960, in favor of The Mountain States Telephone and Telegraph Company (or its successor), filed of record in Book 1427 at Page 575 of the real property records of the Pueblo County Clerk and Recorder; and (ii) that certain Ordinance No. 3880 ordained by the City Council of the City of Pueblo, Colorado on May 27, 1974 and recorded in Book 1799 at Page 683 (and amended in Book 2901 at Page 714) of the real property records of the Pueblo County Clerk and Recorder. 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 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 3 {00172508.DOCX;4} 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 Council 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. 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. 4 {00172508.DOCX;4} The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. SUBDIVIDER: LOVE'S TRAVEL STOPS &COUNTRY STORES, INC., An Oklahoma Corporation By: R Name: R14,DLO(4.k/c/ Title: j p i 7?qC 4.)44 , .4-- STATE OF OKLAHOMA ) ss. COUNTY OF OKLAHOMA The foregoing instrument was acknowledged _ before me on .xn _ 23 2016, by • r_ _h,,__` as'rPI2,p`ii G\ 4- 4kci;,Jof LOVE'S TRAVEL STOPS & COUNTRY STORES, INC., an Oklahoma corporation. My c mmission expires: _ . © S 271 y Notary Public (SEAL) Ga TARI' le/1004893%moi U EXP.05/27/19 a NG/es ",ggdqupp0 ' 5 {00172508.DOCX;4} 4 1#LQ.Qp The parties have caused this Agreement to beiecccit;d a d .,tlst- by its duly authorized and acting officer. t ft. CITY OF PU = • cepa '• oration f i / c , 4 Presidentof City 1 Council _•11•1,' J r - c . By. ATTEST: City Itork STATE OF COLORADO ) ss. COUNTY OF PUEBLO The foregoing instrument was acknowledged before me thjj d f 2016, by I'VQ,W(-G I4 , as President of City Council, and (3-►v.ct.) btri-GlieV— as City Clerk, of the City of Pueblo, Colorado. Witness my hand and official seal. My commission expires: Notary Public (.EAL) NOTARY PUBLIC STATE OF COLORADO NOTARY ID,1 98 m EX , 0n A" .•r 1 A • •-N ,,I . a City Attorney 2043641 SUBD AG 07/27/2016 02:38:01 PM Page: 6 of 10— R 56.00 D 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co IA ti 'I Oi Li MI II 6 {00172508.DOCX;4} SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"A" Legal Description A PARCEL OF LAND LOCATED WITHIN THE NORTHWEST ONE-QUARTER OF SECTION 1,TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF PUEBLO, COUNTY OF PUEBLO,STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER OF SAID SECTION 1,THENCE S 89°43'46" E ALONG THE SOUTHERN BOUNDARY OF PINION RIDGE COMMERCIAL SUBDIVISION, A DISTANCE OF 341.76 FEET TO THE POINT OF BEGINNING; THENCE S 01°16'19" W, A DISTANCE OF 285.82 FEET; THENCE S 88°43'41" E, A DISTANCE OF 120.00 FEET; THENCE S 89°45'20" E, A DISTANCE OF 512.39 FEET; THENCE N 06050'31" E, A DISTANCE OF 289.36 FEET TO A POINT ON THE SOUTH LINE OF LOT 1, BLOCK 1 OF PINION RIDGE COMMERCIAL SUBDIVISION; THENCE S 89°43'46" E ALONG THE SOUTH LINE OF SAID PINION RIDGE COMMERCIAL SUBDIVISION A DISTANCE OF 36.40 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 1 OF PINION RIDGE COMMERCIAL SUBDIVISION; THENCE,THE FOLLOWING 4 COURSES ALONG THE PERIMETER OF SAID LOT 1, BLOCK 1 OF PINION RIDGE COMMERCIAL SUBDIVISION: 1. N 01°16'01" E, A DISTANCE OF 364.87 FEET; 2. N 84°49'16" E, A DISTANCE OF 397.63 FEET; 3. N 88°43'49"W,A DISTANCE OF 195.00 FEET; 4. S 01°16'01"W,A DISTANCE OF 402.30 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK 1 OF PINION RIDGE COMMERCIAL SUBDIVISION; THENCE S 89°43'46" E,ALONG THE SOUTHERN BOUNDARY OF SAID PINION RIDGE COMMERCIAL SUBDIVISION A DISTANCE OF 120.02 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 381,991 SQUARE FEET OR 8.769 ACRES MORE OR LESS. 7 (00172508.DOCX;4} EXHIBIT B ENGINEERS ESTIMATE LOT 1,PINION RIDGE COMMERCIAL CENTER FILING NO.2 July 18,2016 DEVELOPER: LOVES TRAVEL STOP ENGINEER: HIGHLINE ENGINEERING &SURVEYING COMPANY,INC. DESCRIPTION UNIT QUANTITY UNIT COST AMOUNT I. ROADWAYS ELIZABETH STREET os 6"C&G LF 627 $12.00 $7,524.00 ASPHALT(7.5"HMA/16ABC) SY 3,525 $42.25 $148,931.25 6'CONCRETE WALK SF 1,740 $3.00 $5,220.00 ADA CURB RAMP sf 175 $4.00 $700.00 8'CONCRETE PAN(6"THICK) SF 655 $5.00 $3,275.00 STRIPING/PAINTING LF 1,536 $1.35 $2,073.60 STREET LIGHT POLE EA 1 $1,450.00 $1,450.00 RELOCATE STREET LIGHT POLE EA 1 $500.00 $500.00 RELOCATE STREET BARRACADE EA 1 $1,000.00 $1,000.00 REMOVE REINFORCED CONCRETE SF 164 $3.00 $492.00 REMOVE CURB&GUTTER LF 40 $4.50 $180.00 REMOVE ASPHALT SF 1,827 $3.00 $5,481.00 MEADIAN BOULDERS- EA 86 $100.00 $8,600.00 (ELIZABETH ST.&DREW DIX PKWY) SUBTOTAL A $177,902.85 II. STORM SEWER 18"PVC LF 39 $41.00 $1,603.10 5 DIAMETER MH EA 1 $2,500.00 $2,500.00 TYPE L RIPRAP(OVERFLOW) CY 15 $55.00 $797.50 LOW FLOW CHANNEL LF 44 $10.00 $440.00 2'CONCRETE PAN LF 280 $10.00 $2,800.00 SUBTOTAL II $8,140.60 III. SANITARY SEWER 8"PVC SEWER(MAIN) LF 288 $50.00 $14,400.00 REMOVE 8"PLUG&CONNECT TO EXIS1 EA 1 $350.00 $350.00 4'DIA. MANHOLE EA 1 $3,500.00 $3,500.00 SERVICE LINE(120'ROW) EA 1 $1,400.00 $1,400.00 SUBTOTAL III $19,650.00 PAGE 1 EXHIBIT B ENGINEERS ESTIMATE LOT 1,PINION RIDGE COMMERCIAL CENTER FILING NO.2 July 18,2016 IV.WATER 12"PVC C-900 LF 287 $47.50 $13,627.75 12"GATE VALVE EA 1 $1,800.00 $1,800.00 12"PLUG WKB EA 1 $1,200.00 $1,200.00 SERVICE LINE(120'ROW) EA 1 $1,000.00 $1,000.00 SUBTOTAL IV $16,627.75 V.EROSION CONTROL PLAN SILT FENCE LF 1,156 $3.50 $4,046.00 CONCRETE WASHOUT BASIN EA 1 $1,000.00 $1,000.00 VEHICLE TRACKING EA 1 $800.00 $800.00 INLET PROTECTION EA 3 $220.00 $660.00 ESTABLISH VEGITATION AC 0.8 $1,300.00 $1,040.00 SUBTOTAL V $7,546.00 VI.CHANNEL GRADING CY 1,966 $3.50 $6,881.00 TYPE VL RIPRAP CY 785 $25.00 $19,625.00 ESTABLISH VEGITATION AC 0.3 $1,300.00 $390.00 V-NOTCH WEIR LF 110.0 $20.00 $2,200.00 RETAINING WALL LF 80.5 $40.00 $3,220.00 LOW FLOW CHANNEL LF 983 $10.00 $9,830.00 DROP STRUCTURE EA 4 $2,000.00 $8,000.00 PAGE 2 EXHIBIT B ENGINEERS ESTIMATE LOT 1,PINION RIDGE COMMERCIAL CENTER FILING NO.2 July 18,2016 SUBTOTAL VI $26,506.00 VII.DETENTION POND OUTLET STRUCTURE EA 1 $3,300.00 $3,300.00 GRADING CY 740 $2.20 $1,628.00 ESTABLISH VEGITATION AC 0.6 $13,150.00 $7,364.00 SUBTOTAL VII $8,992.00 SUBTOTAL I-VII $265,365.20 10%CONTINGENCY $26,536.52 GRAND TOTAL $291,901.72 THIS IS AN ESTIMATE ONLY.ACTUAL CONSTRUCTION COSTS MAY VARY. PREPARED BY: RUSSELL B. HALL P.E., P.L.S. HIGHLINE EINGEERING&SURVEYING COMPANY, INC. THE UNDERSIGNED HEREBY CERTIFIES THAT(I)THE REQUIRED PUBLIC IMPROVEMENTS SHOWN HEREON AND THE PLANS AND SPECIFICATIONS THEREFORE CONSTITUTE ALL OF THE PUBLIC IMPROVEMENTS REQUIRED TO BE INSTALLED AND CONSTRUCTED FOR THE SUBDIVISION BY CHAPTER 4,TITLE XII OF THE PUEBLO MUNICIPAL CODE AND THE STANDARDS AND SPECIFICATIONS APPROVED BY CITY COUNCIL, (II)THE QUANTITIES OF CONSTRUCTION ELEMENTS SHOWN HEREON ACCURATELY DEPICTS THE QUANTITIES NECESSARY TO CONSTRUCT THE REQUIRED PUBLIC IMPROVEMENTS AND(II)THE UNIT PRICES SHOWN HEREON ARE THE MOST CURRENT UNIT PRICES PROVIDED BY THE CITY OF PUEBLO. RUSSELL B. HALL P.E., P.L.S. DATE •••amwom•nHIGHLINE EINGEERING&SURVEYING COMPANY, INC. 130.110,0 • G3:g + fi• r: • 26715 • 07/18/16 REVIEWED BY: DIRE OR 0 PUBLIC WORKS ATE PAGE 3