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HomeMy WebLinkAbout08982Reception 2037204 05/18/2016 ORDINANCE NO. 8982 AN ORDINANCE APPROVING THE TIMBERWOLF SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Timberwolf Subdivision, being a subdivision of land legally described as: A TRACT OF LAND IN THE SE4 OF SECTION 15, TOWNSHIP 21 SOUTH. RANGE 65 WEST OF THE 6TH P.M., SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: -e O ("ff= BEGINNING AT THE SE CORNER OF SAID SECTION 15; THENCE NORTH EG 0°26' EAST, ALONG THE EAST LINE OF SAID SECTION 15 A DISTANCE OF • 1207.22 FEET; THENCE NORTH 89°34'WEST, A DISTANCE OF 33.0 FEET; too THENCE SOUTH 52°26' WEST, A DISTANCE OF 284.72 FEET TO THE TRUE '46112 POINT OF BEGINNING; mm`- !1O O.D$ 1) THENCE SOUTH 52°25 WEST, A DISTANCE OF 132.00 FEET; Nmg coma 2) THENCE NORTH 37°34 WEST, A DISTANCE OF 330.00 FEET TO A POINT -21 ON THE SOUTHEASTERLY RIGHT-OF-WAY FENCE OF A COUNTY ROAD; ON O►N 3) THENCE NORTH 52°26' EAST ALONG THE SOUTHEASTERLY RIGHT-OF- mom, WAY FENCE OF THE BURNT MILL ROAD, A DISTANCE OF 132.00 FEET; N..m M A. 4)THENCE SOUTH 37°34' EAST, A DISTANCE OF 330.00 FEET TO THE TRUE ` 0 POINT OF BEGINNING, COUNTY OF PUEBLO, STATE OF COLORADO Said Parcel contains 1.01 acres more or less. is attached hereto and hereby approved. All dedicated streets, utility and drainage easements, rights-of-way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The acceptance of such dedicated streets, rights-of-way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights-of-way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. 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 3 waive any of the immunities, limitations on liability, or other provisions of the Colorado m.: Governmental Immunity Act, Section 24-10-101, et seq. Colorado Revised Statutes, or to waive any EGA immunities or limitations on liability otherwise available to the City or its officers, employees or r o agents. N ••00_—'43• SECTION 4. mm i wog— mmol The officers and staff of the City are directed and authorized to perform any and all acts Nm consistent with the intent of the Ordinance to effectuate the policies and procedures described -Y herein. nee Ce SECTION 5. o 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 Nay 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 record it—J the office of the Pueblo County Clerk and Recorder. - -r :: ;.. r ,:,. . INTRODUCED: MARCH 14, 2016 / Vii'>a Lif kt ``. ,j, '1 c BY: E.. \.;,,,,,,-;;//k,f'1i%' -4 j Eva CIL ^ - • il e '"`_ 7' _..may a frame.: • . 0c j0PRESIDENT OF CITY COUNCIL ATTESTED BY:\ ,._ . .– - - I. _l ITY CLERK PASSED AND APPROVED: March 28, 2016 City Clerk’s Office Item # R-7 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: March 14, 2016 TO: President Stephen 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 TIMBERWOLF SUBDIVISION PLAT SUMMARY: The applicant is requesting to create a one lot subdivision located east of Granada Avenue and north of Thornberry Avenue. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The applicant is proposing to subdivide a 1.01 acre parcel of land into one lot, in order to construct an addition to the front of their industrial building. The parcel was annexed into the City as an unsubdivided parcel in the early 1970s. The owner needs to subdivide the ground to pull a valid building permit for the commercial addition. The addition will be constructed to the front of the building to add office space, allowing room for future manufacturing related additions to be erected in the rear of the building. The applicant has submitted a draft exhibit showing a new drainage and sanitary sewer easement in the existing public utility easement that leaves the lot to the south and intersects with Thornberry Lane. The proposed exhibit (see attached) will address both conditions from Stormwater and Sanitary Sewer Departments. FINANCIAL IMPLICATIONS: The approval of this subdivision plat will not have any additional financial impact to the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their July 10, 2013 Regular Meeting, voted 5-0 with Commissioners Eslinger and Seybold absent, to recommend approval of the request to waive the requirement to underground the existing electric power lines that serve neighboring residences and approval of the application for subdivision with the following condition: Before going to City Council the applicant is required to provide a cross lot drainage easement with the south so water can drain to Thornberry Lane and provide a private sanitary sewer easement. The condition of approval has been completed. 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. ALTERNATIVES: If City Council does not approve this Ordinance, the current subdivision would remain and would impede the applicant’s ability to develop the property. 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 July 10, 2013 Public Hearing Planning and Zoning Commission Staff Report with Exhibits Reception 2037206 05/18/2016 03:42:17 PM &kit 11111 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on March 29 2016 ,between the CITY OF PUEBLO,a Municipal Corporation("City"), and Felix&Dee Ann Ying ("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 Timberwolf Subdivision ("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 DPW 101 Dec.2007 2037206 SUBD_AG 05/18/2016 03:42:17 PM Page: 20 of 10 R 56.00 D 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co IIIrialPinliiiMilithilinlibillaritijilliiir191111014i MI III 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(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 101 2 May 2009 2037206 SUBD_AG 05/18/2016 03:42:17 PM Page: 3 of 10 R 56.00 D 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III =I0013 44, 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. 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 101 3 May 2009 2037206 SUBD_AG 05/18/2016 03:42:17 PM Page: 40 of 10 R 56.00 D 0.00 T 56.00 Gilbert Ortiz C1erklRecorder, Pueblo County, Co aIMP CY0141, Ii: Li, NI II 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 4 May 2009 2037206 SUBD_AG 05/18/2016 03:42:17 PM Page: 5 of 10 R 56.00 D 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III 14,Wlif Ilifi fsid'F' 11 1010 I,41,ti h 111111 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 2037206 SUBD_AG 05/18/2016 03:42:17 PM • Page: 6 of 10 R 56.00 D 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III realii1/271111MAIIIIIIMINVIIIIIIIILIVIDIAIIIiii I III 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. Felix and Dee Ann Yng Subdivider (SEAL) By: AV,A By: i ,�► The foregoing instrument was acknowledged before me on 44M61/ 0 001( ,by Vd t X It inch (Inn , Subdivider. My commission expires: 2.k lay 2oi9 .e, . cI • a / �,I Jodie Roberts Notary Public Notary Public State of Colorado Notary ID#:20114065671 C OF P .' '•� 'a Muni- •1 orpora •n My Commission Expires: 10/12/2019 4�gLcf,0 044 f � . - t of City Coun A " ST: ;� ieipi/ 'Pipo � City : rk ' ° • f= 11tg.."1- STATE OF COLORADO ) A,. iiiiti01111111111 \oo ss. ' 80 � COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this dna day of aollA by 5 phe.,n U. Naulrocict , as Preside of City Council, and G i n a A-r,hex as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. DPW l0t 6 May 2009 My commission ex sires: 31 - t 4- O BRENDA ARNNJO NOTARY PUBLIC U IVt • �� $$T TE OF COLORADO No Public E"N 42 ID :4 008TOZ �Y MY COMMISSION EXPIRES 0211412020 APPROVED AS TO FORM: City Attorney 2037206 SUBD_AG 05/18/2016 03:42:17 PM Page: 7 of 10 R 56.00 D 0.00 T 56.00 Gilbert eOrtiz Clllerk/Rercco1rdrper, LPueebllo,�Cs7ountt1y, CoI® I'I®'II'Ie III k 1, I �11 liduCflll�Cl19®��I�I E illi ®.VIII 10 DPW 101 7 May 2009 2037206 SUBDAG 05/18/2016 03:42:17 PM Page: 8 of 10_ R 56.00 Dr 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co • SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: Timberwolf Subdivision DEVELOPER: Felix and Dee Ann Ying ENGINEER: Gagliano Engineering, Inc. Itemization of Required Public Improvements (Use Unit Prices Approved by Public Works in Preparation of Exhibit"B") See attached This is an estimate only. Actual construction costs may vary. PREPARED BY: Joseph V. Gagliano, P.E. FIRM: Gagliano Engineering, 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. [P.E. SEAL] / /1,4 Prof sional Engineer Date r��PpO REG/s nn � ' • p l� 37210 •‘‘`SSG • y, F_ • REVIEWED BY: - 14-A A, Direct r of Public Works Date DPW 101 8 May 2009 2037206 SUBD_AG 05/18/2016 03:42:17 PM Page: 9 of 10 R 56,00 D 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III litI� �ICr*IP e �� II Timberwolf Sub. EXHIBIT"A" A TRACT OF LAND IN THE SE4 OF SECTION 15,TOWNSHIP 21 SOUTH. RANGE 65 WEST OF THE 6TH P.M.,SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF SAID SECTION 15;THENCE NORTH 0°26' EAST, ALONG THE EAST LINE OF SAID SECTION 15 A DISTANCE OF 1207.22 FEET;THENCE NORTH 89°34'WEST, A DISTANCE OF 33.0 FEET;THENCE SOUTH 5226' WEST,A DISTANCE OF 284.72 FEET TO THE TRUE POINT OF BEGINNING; 1)THENCE SOUTH 52°25 WEST,A DISTANCE OF 132.00 FEET; 2)THENCE NORTH 37°34 WEST,A DISTANCE OF 330.00 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY FENCE OF A COUNTY ROAD; 3)THENCE NORTH 5226' EAST ALONG THE SOUTHEASTERLY RIGHT-OF-WAY FENCE OF THE BURNT MILL ROAD, A DISTANCE OF 132.00 FEET; 4)THENCE SOUTH 37°34' EAST,A DISTANCE OF 330.00 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF PUEBLO, STATE OF COLORADO Said Parcel contains 1.01 acres more or less 2037206 SUBD AG 05/18/2016 03:42:17 PM Page: 10 of 10 R 56.00 D 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co Bil M F.117:Li I.i'ligeirarill I011"I.41liil.bIII • Timberwolf Sub.Estimate of Improvement Costs i�; i'7Rs� "may{.8�'4�silv �:i�` „"S �'' `t'aiak,.��`�in. ,�`o r �" l,�rg�k�1+ �:-�'�S�"- �e�^ns�o � ;ESATEDY�a �r.+r�.r � ,� - � ;r�� w 'wx.si i; 4t $'-A law -v,`.c'' eln x r o a `46 ..}i.,afr: a4,t�., 441,*,A,a2311:,4 ,f,i 4 ../L.--,,,y, ,L ',, ,r,x`�K. , ,,,VA-' x ,i ,� ��',., t�asp tyU '''0217.114 ` � h'� a R�'° TiO:i t3!c' a,r ., t �l i as f"r 5°e"k ns .Q 4 t le a c `i; z Pr�4;. ..e'fki: -1 � f �,��n��, ,,.,,r,....,.,�:Y;�u1TE�A�� ,. ....< . �� TY�,�,�UNIT:„UNt'1'�PRICE ...�.�PRICE, �.�..> ,., , NQTES� � . ONSITE IMPROVEMENTS DETENTION FACILITIES Pond A Grading 0.07 AC $ 18,165.00 $ 1,271.55 Pond B Grading 0.05 AC $ 18,165.00 $ 908.25 Outlet Structures 2 EA $ 3,300.00 $ 6,600.00 12"Retaining Wall 317 LF $ 60.00 $ 95,100.00 8"Retaining Wall 15 LF $ 55.00 $ 5,775.00 Re-vegetation(perm.Seeding) 0.12 AC $ 13,150.00 $ 1,578.00 Rip-rap including filter fabric 50 CY $ 55.00 $ 2,750.00 SUBTOTAL $ 113,982.80 OFFSITE IMPROVEMENTS TURN LANES&DRIVEWAY 7"Concrete Pans 49 SF $ 5.00 $ 245.00 Curb&Gutter 135 LF $ 12.00 $ 1,620.00 Street Repair 1 EA $ 3,000.00 $ 3,000.00 Tnombeny Sidewalk Drains 2 EA $ 1,000.00 $ 2,000.00 SUBTOTAL , $ 6,865.00 SANITARY SEWER Sanitary Sewer Service 1 EA $ 600.00 $ 600.00 SUBTOTAL $ 600.00 TOTAL $ 121,447.80 Engineering&Contingencies ! 20% $ 24,289.56 GRAND TOTAL $ 145,737.36 EXHIBIT"B" Page 1 of 1 TIMBERWOLF EXPANSION Reception 2040740 06/27/2016 03:00:27 PM NON-EXCLUSIVE PRIVATE SANITARY SEWER AND DRAINAGE EASEMENT AGREEMENT THIS NON-EXCLUSIVE PRIVATE SANITARY SEWER AND DRAINAGE EASEMENT AGREEMENT (this "Easement") made this 8th day of April, 2014 by and between BT-OH, LLC, a Delaware limited liability company ("Grantor"), whose address is 55 Glenlake Parkway,NE,Atlanta, Georgia 30328, Attn: Real Estate Department, and Felix Ying and Dee Ann Ying (collectively, "Grantee"), whose address is 2840 Granada ., Boulevard,Pueblo, Colorado 81005. . WITNESSETH: That in consideration of the sum of Five Hundred and No/100 Dollars ($500.00), the receipt of which is hereby acknowledged, and for other good and valuable considerations, the Grantor(s) hereby grants to the Grantee, its successors and assigns, the non- exclusive perpetual right to construct, operate and maintain a sanitary sewer service line and drainage ditch or structure upon and across the lands and property of Grantor, including the right of egress & ingress to same. ,Said sanitary sewer service line and drainage ditch, or structure is located in the City of Pueblo, Pueblo County, Colorado as depicted in the drawing attached hereto as Exhibit"A" and legally described on Exhibit "B", attached hereto (the "Easement Area"). Grantor reserves the right to use and occupy the Easement Area for any purpose not inconsistent with the privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use thereof. Such reservation by 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. This Easement is subject to the Addendum attached hereto and incorporated herein by this reference. SIGNED this 8th day of April, 2014. GRANTOR: — BT-OH, LLC, a Delaware limited liability company - a ir is J a 3 sem n — �. By: ii m c Stephen M. Slifer, Vic resident �;�;.�° F- COUNTY OF C060 ) n m NO D a-•"- L ) sS. a-, M.ic STATE OF GEORGIA ) �N N 0,..-. The foregoing instrument was acknowledged before me this 8th day of 07.: tom.4j) April, 2014 by Stephen M. Slifer, Vice President of BT-OH, LLC, a Delaware limited liability m off.L— Nac, company. Witness my hand and official seal. 8119116 @/,®0 My Commission Expires: �9� �D/ %%``® 1 E J *,e 19 474 :A. 5 ,.1°ISVA.ieN �, ��' 0 A. rid .. , z. i ® 02 A+sem, N Notary Psi, is CA ° UBLAGSt:P: ♦ 0 °oNF ZQ� '', ,s , ,s% iowNTY, � � ®6/94® Addendum This Addendum is annexed to a Non-Exclusive Private Sanitary Sewer and Drainage Easement Agreement (the "Easement")granted by BT-OH, LLC, a Delaware limited liability company("Grantor"),to Felix Ying and Dee Ann Ying(collectively, "Grantee"). If there is any conflict between the terms of this Addendum and the terms of the Easement,the terms of this Addendum shall control. (1) Grantee will cause its agents, employees and contractors to use all reasonable precautions to avoid damage to Grantor's property and Grantee shall save, indemnify and hold harmless Grantor, its related companies, and its successors and assigns against any and all loss, damage, liability and expense for injury to or death to r o 3e:s Grantor's employees, agents, contractors or third parties or damage to property, caused by or attributable to the r construction, operation and maintenance of the Easement. Grantee shall indemnify and defend Grantor for, from and mm E • against any and all mechanics' and other liens and encumbrances filed by any person claiming by, through or under Grantee and against all costs, expenses, losses and liabilities (including reasonable attorneys' fees) incurred by :i-.2 Grantor in connection with any such lien or encumbrance or any action or proceeding brought thereon. Grantee at its Nma expense shall procure the discharge of record of all such liens and encumbrances within twenty(20)days after notice m Nthereof o-c- umo mm o;, (2)Grantee shall minimize any disruption to Grantor's business operations occasioned by Grantee's use of the,„,. Easement Area. Grantor hereby reserves the right to terminate the Easement if Grantee's use of the Easement Area ztre interferes with Grantor's ingress and egress to and from Grantor's property. Installation shall be accomplished in an VE„,� expeditious manner and all maintenance and repairs shall be performed in a similar fashion. Grantee shall maintain 6— comprehensive general liability insurance naming Grantee, United Parcel Service, Inc., a Delaware corporation, and am,in -0 its related companies, or any other party requested by Grantee or its successors or assigns, as an additional insured m-q;14- ‘45 and providing coverage with a combined bodily injury, death and property damage limit of Two Million Dollars Nai: ($2,000,000) or more per occurrence as same may be increased as determined by Grantor or its successors and assigns, in its sole and absolute discretion. Prior to any entry upon the Easement Area and from time to time, Grantee shall provide a certificate of insurance to Grantor evidencing that such insurance is in full force and effect upon the execution of the Easement and thirty days prior to the expiration of such policy, Grantee shall deliver a certificate to Grantor evidencing the renewal of such policy. (3) Grantee, upon conclusion of any activity upon said real property, shall cause all debris and materials incident to such activity to be removed from Grantor's property and to the extent reasonably possible, shall restore the property to its pre-existing state. (4) Grantor shall have the right to use the surface of said real property for any purpose which does not interfere with Grantee's use of the Easement conveyed, including, but not limited to, the right to pave over and park on said Easement Area. Additionally, Grantee shall not use the surface of the Easement Area for any purpose and in any mannernot specifically authorized herein. Grantee hereby covenants and agrees not to interfere with Grantor's use of the surface of the Easement Area. (5)Grantee shall comply with all Local, State and Federal environmental laws,rules, codes and regulations in connection with its activities on Grantor's premises and in the Easement Area. Grantee shall indemnify, defend and hold Grantor harmless from any breach of the foregoing covenant. (6)The Easement shall not be effective until Grantor and Grantee have executed this Addendum. GRANTOR: GRANTEE: BT OH,LLC,a Delaware limited liability company / Felix ig By: Stephen . Slifer,Vice '/esident Dee Ann Ying y� Date: April 8,2014 Date: 9 I i1 (1 , 2014 5 f 1 O444. /z / 40 zNz o 47 03. AI .19 .....1 1.00 -1 > Q . 5cn N„„„ , . / 117 z m rn , O m / °a o°0,.? ...0 -I r mO /1/ (Py-64 (NP 0,\0 -1 m �/39' bva^y •-c4 �y-D, 0 a a�� 3 () —1 aa��� -64 35d to �_ X4 0-F -1. �)� -�C; z Ton / 3 rO2/ � y ��y D� �d� Z Q "*.4"1 // ��I °b°o`�5 C \..// tt-----N ��j ,' �� ami��,ya� O O 0` ni/ y . r 35 9. O ‘.T i t 1 ` 10 0fAr n Irs ry RI . m '�.y 7Jrn O W Io0 o0 Via' Oa7 I rz m * tor- coo (�,1 , Q ,_ i) -1 9C, Or ' � P F, *2- eta I O c` 2,Z^ D p.-D J a (A �v - f9 'S O A 0 " Kz �' XNm _< Dm � �r D -1 co Z � : NI °� '+' zzo zp - mcnm ymx2 F m (A k N VDcntmn 4) sr C� C/� - ��� OHZ ED m< 2� `<-' OOC V °ot FQ. 2.0,f.;,. O R7 7 mimi •411,„ X `S' r-- rnn an -a Ko al a 0 z 57> z •‘ c—t- ZD ,54 2040740 DRAIN AGR 06/27/2016 03:00:27 PM c t Page: 4 of 5 R 31.00 D 0.00 T 31.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co Yl l-.; z III kirEV Irl I �h JP:idi l i'I III it I- r f 2040740 DRAIN AGR 06/27/2016 03:00:27 PM Page: 5 of 5 31.00 D 0.00 T 31.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ®III 1WAVIMI 1l+1'iv PRIVATE SANITARY SEWER EASEMENT AND DRAINAGE EASEMNT EXHIBIT B An easement located within a portion of Lot 13, Block 1, Graneros Industrial Park, according to the recorded plat thereof, filed for record February 5, 1975 in Book 1804 at Page 799 in the records of the Pueblo County Clerk and Recorder, located within a portion of the SE 1/4 of Section 15, Township 21 South, Range 65 West of the Sixth Principal Meridian. City of Pueblo, County of Pueblo, State of Colorado being more particularly described as follows: A 5 foot wide Private Sanitary Sewer Easement and Drainage Easement being the easterly 5.00 feet of said Lot 13 along the line common with Lot 14 of said Block 1, Graneros Industrial Park. It being understood that the sidelines of said easement extend or shorten as necessary to intersect the northeasterly line of said Lot 13, and the northerly right-of-way line of Thornberry Lane that the easement lines are a part of Said Easement contains 106 sq. ft, more or less. RAND G. REEVES DATE PROFESSIONAL LAND SURVEYOR NO.22101 .� 22101 ;Q °. .,,2-20-1.3: Fss,•. .�� ��AL LANO Reception 2040741 06/27/2016 03:00:27 PM PRIVATE SANITARY SEWER AND DRAINAGE EASEMENT AGREEMENT THIS AGREEMENT AND DEED OF EASEMENT made this )O day of `,. ' I . ( ' 20 by and between i : _ Grantor(s) and Felix Ying and Dee Ann Ying Grantee, whose address is WITNESSETH: That in consideration of the sum of One ($1.00) Dollar, the receipt of which is hereby acknowledged, and for other good and valuable considerations, the Grantor(s) hereby grants to the Grantee, its successors and assigns, the perpetual right to construct, operate and maintain a sanitary sewer service line and drainage ditch or structure upon and across the lands and property of the Grantor(s), including the right of egress & ingress to same. Said sanitary sewer service line and drainage ditch, or structure is located in the City of Pueblo, Pueblo County, Colorado as depicted in attached Exhibit"A" and described in the attached Exhibit 'B" Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the privilege above granted and which will not interfere with or endanger any 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. 2040741 DRAIN AGR 06/27/2016 03:00:27 PM Page: 2 of 4 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co MI kir nei it«e '�r f ��e�,� ' , iii 1 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. SIGNED this ) day of �c .., GRANTOR: By.tel. , / .'/4 :416I _ 1 L COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this day of (44 by -<cor e_._() k - k‘I I.i P: • Witness m hand and official seal. My.Commission Expires ;`9)Yk'ait a a. ti (SEAL) / Ny otar Public ..; '1---.. , / ,•(1:,: t,„,,,,:!.. ..:5.1 . ,•„:,., L.) -I) > / „,,,,7 , 0 z ‘.:,7" '., ..,.'!‘•1/// ,-z, ,....} / z m o K rn / :-1-1t d' 0(?) -,-6) -a- —1 -4 .rb 0 0„)00 ,..),>\4 I r / \ -,, ..z- .,-, .:,b , -b hi mo .t ,,,,i;6 ,`P'Z'O'e' (56 46 '' c. U) 0 m 1> / -b o,), 4) '6'' 4 -,- .1) c')...cZ1 robl'-6•4 (NO „0" 0 bRCc/-1-,i-- -• ‘ -'c 0'4 0 <m - • :CY r-‘ ..Lb ef2) 41?) ..\-6 , %-I M - irri• , , - . .. .. .. . . .. . , -b,i9-4 • ' • "< 0, Z 1 I I ' .' '' 0 > -0 -n !..b 0 , 0 ..0. .. , :4'7 ,‘N -,. -T.) , ,. : • IN• / ca . _.,:.i...,••ZStk // -47 ,-b / 'r ' / ( b p ,0 ,.• •,,,,s, co — . 0\'' •)'• ,.-,..) 0 0 z . . ,- ,..„„, , !,! -, ;:;:i' -4:, ! ."-•:N.,.. 71 71 Cn °I Z 13 r- : 1 1 i j '-:•,7.,..!..:. ! M °r- 0 m i k-r 0 •• --. co . X li 1 i.,i s) -•:, i ..,1.;:!,•:.: 1 •-•.;%7,] 1;;:!:' ;,!:t!ii ' ..,.•! ' , z ..,.._< i \ (7) —i 0, m q- 5 mu r,.,,,4 Z 0 0 "M m (j)I!,,;!E,.1 • . '-•:', > > GIN"20 (I) — / 1:091911111111 4 .c<` 0 —4 Z Cr3 P -vc.c, ). r- 0 f-• : : 1 m X _4 „% 0 M -c d) 0 7 ( 0 -... . - z --I >0 -i, ...-• 1 !s Ci_ ! ,?,•., -o !!! u) -r...,.._ z 0 ! •,,. ,,,,1,-: -Ti > . _ --I • :,- _ 1 > m r- 0. _ m 23H 0 5 1 s •., _ 5Z .. ... z > 2040741 DRAIN AGR 06/27/2016 03:00:27 PM (...D Page: 3 of 4 R 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co illWillirif111111:011114frillrhhgbitnrElf1111.:rdii.ily, 1111 , - — --- 2040741 DRAIN AGR 06/27/2016 03:00:27 PM Page: 4 of 4 11 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co Ilii kirdRiniviginkY.IM,Iiiill MAI filividniAll 40111111 PRIVATE SANITARY SEWER EASEMENT AND DRAINAGE EASEMNT EXHIBIT B An easement located within a portion of Lot 14. Block 1, Graneros Industrial Park, according to the recorded plat thereof, filed for record February 5, 1975 in Book 1804 at Page 799 in the records of the Pueblo County Clerk and Recorder, located within a portion of the SE 1/4 of Section 15, Township 21 South, Range 65 West of the Sixth Principal Meridian. City of Pueblo, County of Pueblo. State of-Colorado beinginore particularly described as follows: A 5 foot wide Private Sanitary Sewer Easement and Drainage Easement being the westerly 5.00 feet of said Lot 14 along the line common with Lot 13 of said Block 1, Graneros Industrial Park. It being understood that the sidelines of said easement extend or shorten as necessary to intersect the northwesterly line of said Lot 14, and the northerly right-of-way line of Thornberry Lane that the easement lines are a part of. Said Easement contains 137 sq. ft, more or less. ./. -i,-1.----..--- , be,c, ?of 462/3 RAY G. REEVES DATE PROFESSIONAL LAND SURVEYOR NO. 22101 , ,,, ,.. .. -4,..7 '..., .." . * ' - Re...„4' : : " --- • .z.••0 ..... ,•, ' ill% i il, Is- 22101 ': ; 9s .• ,•.\ : --.., -1.9,*• • st.. ,,,, --- 7:•••••,,,' 5\) ••s ''",,,,,,ittkio-`