Loading...
HomeMy WebLinkAbout09066Reception 2118355 09/27/2018 03:38:20 PM ORDINANCE NO. 9066 AN ORDINANCE APPROVING THE EAGLERIDGE ESTATES SUBDIVISION, FILING NO 3 PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Eagleridge Estates Subdivision, Filing No. 3, being a subdivision of land legally described as: A parcel of land located in the NE 1/4 and SE 1/4 of Section 11 and the NW 1/4 of Section 12, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: All of Lot 1, Block 4 in Eagleridge Estates, Filing No. 2 according to the recorded plat thereof as filed for record at Reception No. 1702445 filed for record November 16, 2006 in the Pueblo County Records. Containing 27.34 acres, more or less. attached hereto, is 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 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 upon final passage but shall not become effective until: (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the Pueblo Municipal Code meeting and complying with the subdivision requirements of the City with such modifications, if any, approved by City Council, have been filed with and approved by the Director of Public Works, and (b) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant to Section 12- 4-5(b)(2) of the Pueblo Municipal Code, and are not for any reason filed and approved within one (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes effective. ,av53I•o. o c 0 4 ,' 'fib . Ef INTRODUCED: November 14, 2016 Iff BY: Ed Brown 1114/0 r_ CO ILP-4TON • I all ti°, APPROV' _ ' N _ — _ 00 ' P' 7T OF CITY COUNCIL ATTESTED BY: o ITY CLERK PASSED AND APPROVED: November 28, 2016 2118355 09/27/2018 03:38:20 PM Page: 2 of 2 R 18.00 D 0.00 T 18.00 Gilbert Ortiz Clerk/Recorder, Pueblo County Co liiI 11MiN1a11ll11a'ie Vnitlir I WO 111111 City Clerk’s Office Item # R-7 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: November 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 EAGLERIDGE ESTATES SUBDIVISION, FILING NO. 3 PLAT SUMMARY: This Ordinance will subdivide the subject property into one hundred and three (103) legally subdivided lots, containing approximately 27 acres. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located between Wills Boulevard and Ridge Drive, along Whistler Drive, in the Eagleridge Estates neighborhood. The applicant is proposing to subdivide the area into 103 single family residential lots. The subdivision is a resubdivision of Lot 1, Block 4 of the Eagleridge Estates, Filing No. 2 Subdivision, which was approved and recorded in 2006. Staff has reviewed the lot sizes and confirms that all lots meet the minimum requirements of the R-2U Zone. FINANCIAL IMPLICATIONS: The approval of this subdivision plat will not have any immediate financial impact to the City. However, build out of the lots 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 September 14, 2016 Regular Meeting, voted 6-0 (Lucas absent) to recommend approval with the following conditions: (Unless otherwise noted, all conditions of approval must be completed prior to the case being scheduled for City Council hearing.) 1. On the plat maintenance statement that refers to drainage facilities, add the following to the end of the last sentence: “…upon which the easements are located.” 2. In the drainage report, refer to the Urban Storm Drainage Criteria Manual (latest volume) as the criteria that the water quality features must be designed in accordance with. All the conditions of approval have been complied with by the applicant. 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 September 14, 2016 Public Hearing Memorandum from the Department of Public Works Dated October 5, 2016 Planning and Zoning Commission Staff Report with Exhibits Reception 2118357 09/27/2018 03:38:20 PM SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on June 15 , 2018 , between the CITY OF PUEBLO, a Municipal Corporation ("City"), and Bella Vista Properties,LLC,a Colorado limited liability company, Manager Member: Plum Creek Associates, Inc.,a Colorado Corporation ("Subdivider"). RECITALS WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit "A"; and WHEREAS, the Subdivider, as a condition of approval of the final plat of Eagleridge Estates, Filing No.3 ("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 2118357 09/27/2018 03:38:20 PM Page: 2 of 15 R 83.00 0 0.00 T 83.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co ■iii 1�0����s1i1.,i li,f�i:1011i6 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 2118357 09/27/2018 03:38:20 PM Pagge: 30 of 15 R 83.00 D 0.00 T 83.00 Gilbert Ortiz ClerkfRecorder. Pueblo County Co F;NO 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 2118357 09/27/2018 03:38:20 PM Page: 40 of 15 R 83.00 Dr 0.00 T 83.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co 11111 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 2118357 09/27/2018 03:38:20 PM Page: 83.00 Gilbert5Ortiz t z1CleR/RecordeDr Pueblo Counts, Co 1111 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 2118357 09/27/2018 03:38:20 PM Page: 6 of 15 R 83.00 D 0.00 T 83.00 Gilbert Ortiz Clerk/Recorder. Pueblo County, Co VIII NI: l'1111,1 lC. �griliki �wi MEI Mid 11111 16. All Required Public Improvements shall be constructed and installed in compliance with all applicable standards and specifications approved by City Council. 17. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. 18. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as described above. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. Subdly er (SEAL) By: Roger H.Fonda,President By: Plum Creek Associates, Inc.,a Colorado Corporation The foregoing instrument was acknowledged before me on June 15 2018 , by Roger H. Fonda as President of Plum Creek Associates, 011100Y`/'Afl'•/ Inc. , a Colorado Corporation, Subdivider. My commission expires: 06/03/2019 ��-,1,t.,�JC;z-._- SHARON T. JOHNSON Notary NOTARY PUBLIC y P is STATE OF COLORADO Sharon T. Johnson NOTARY ID# 19994015791 MY COMMISSION EXPIRES JUNE 03,2019 CITY OF PU O • M ' . i :1 Corporation 44 � ��� President of City Council A TEST: �°� 1 �7 ' \ i. - , . • a di ity Clerk 740 • STATE OF COLORADO ) '� ss. COUNTY OF PUEBLO ) o4tpo10 The foregoing instrument was acknowledged before me this eft day of , c;Z(, 18 by (q)Ar , as President of City Council, and e,/\k htt cc A ATrl�,j v at,City Clerk of the City of Pueblo, Colorado. U (1/c)j Witness my hand and official seal. DPW 101 6 May 2009 2118357 09/27/2018 03:38:20 PM Page: 7 15 R D 0 T 83.00 Gilbert Ortiz Clerk/Recor8300 der, Pueblo.00 County, Co VIII PiPaRVIVIMi'haVii1M07R11�1'14 MAW, III My commission expires: gu,fy ,_.-4),(5.42> e) TAMMY A MARTINEZ � jn A' a't 1 [ SEAL ] NOTARY PUBLIC gVotary Public O STATE OF COLORADO NOTARY ID 20164025200 APPROVED N EXPIRES 07126/2020 *>14/19Jt.-2) sz,.:2_c_ 1.< City Attorney 1)PW IDl 7 May 2009 2118357 09/27/2018 03:38:20 PM Page: 80 of 15 R 83. D 0 T . 0 Gilbert Ortiz Clerk/Recor00der. Pueblo County Co VIII FIAT ilt%'R IrI �l�kl����'ItiN Li 111111 EXHIBIT A EAGLERIDGE ESTATES, FILING NO. 3 LAND DESCRIPTION A parcel of land located in the NE 1/4 and SE 1/4 of Section 11 and the NW 1/ of Section 12, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: All of Lot 1, Block 4 in Eagleridge Estates, Filing No. 2 according to the recorded plat thereof as filed for record at Reception No. 1702445, filed for record November 16, 2006 in the Pueblo County Records. Containing 27.34 acres, more or less. 2118357 09/27/2018 03:38:20 PM Page: 9 of 15 R 83.00 D 0.00 T 83.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 11111 Plidifin L� . � , �U411I II 1 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: Eagleridge Estates, Filing No. 3 9502616 DEVELOPER: Bella Vista Properties, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING,INC. Whistler Drive STREETS 6"Asphalt over 11"Base Course 4500 SY @ $31.00/SY = $139,500 Curb and Gutter 2300 LF @ $12.00/LF = $27,600 ADA Ramp 520 SF @ $4.00/SF $2,080 Square Pan Radius 1100 SF @ $5.00/SF $5,500 Tactile bands 13 EA @ $350.00/EA $4,550 Sidewalk 13000 SF @ $3.00/SF = $39,000 WATER 12"PVC Water Main 1110 LF @ $47.50/LF = $52,725 Service 27 EA @ $900.00/EA = $24,300 Fire Hydrant Ass'y(1 Existing) 4 EA @ $3,250.00/EA = $13,000 Blow Off Assembly 0 EA $1,800.00/EA $0 STORM SEWER: 15"RCP 190 LF @ $38.00/LF = $7,220 24"RCP 750 LF @ $44.00/LF = $33,000 30"RCP 30 LF @ $66.00/LF = $1,980 36"RCP 70 LF @ $71.00/LF = $4,970 19x30"Elliptical RCP 200 LF @ $66.00/LF = $13,200 60"Manhole 5 EA @ $2,465.00/EA = $12,325 Type S inlet L=5' 5 EA @ $2,960.00/EA = $14,800 Type S inlet L=4' 2 EA @ $2,740.00/EA = $5,480 SANITARY SEWER: 8"PVC Sanitary Sewer 1080 LF @ $35.00/L.F= $37,800 48" Diameter Manholes 5 EA @ $2,500.00/EA = $12,500 Service Line 27 EA @ $600.00/EA = $16,200 STREET LIGHTS 5 EA @ $1,450.00/EA = $7,250 MONUMENTS City Right-of-Way Monuments 2 EA @ $655.00/EA = $1,310 TRAFFIC CONTROL AND SIGNAGE T-Intersection(60'R-O-W) 2 EA @ $325.00/EA = $650 Project and Road Closure Signage 1 LS $1,500.00/LS $1,500 Barricades 4 EA @ $1,280.00/EA = $5,120 PAVEMENT MARKINGS Epoxy(lane Lines-collectors) 1400 L.F. @ $1.35 /L.F= $1,890 SUBTOTAL $485,450 9 2118357 09/27/2018 03:38:20 PM Page: 10 of 15 R 83.00 D 0.00 T 83.00 Gilbert Ortiz Clerk/Recorder. Pueblo County Co VIII Win Vi lkii.Ifitr.lilI i I'tiii1:1411:'r lI II I SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: Eagleridge Estates, Filing No. 3 9502616 DEVELOPER: Bella Vista Properties, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING,INC. King Fisher STREETS 6"Asphalt over 11"Base Course 3000 SY @ $31.00/SY = $93,000 Curb and Gutter 6000 LF @ $12.00/LF = $72,000 ADA Ramp 200 SF @ $4.00/SF $800 Square Pan Radius 0 SF @ $5.00/SF $0 Tactile bands 5 EA @ $350.00/EA $1,750 Sidewalk 9000 SF @ $3.00/SF = $27,000 WATER 12"PVC Water Main 890 LF @ $47.50/LF = $42,275 Service 15 EA @ $600.00/EA = $9,000 Fire Hydrant Ass'y(1 Existing) 0 EA @ $3,250.00/EA = $0 Blow Off Assembly 0 EA $1,800.00/EA $0 STORM SEWER: 18"RCP 30 LF @ $41.00/LF = $1,230 24" RCP 320 LF @ $44.00/LF = $14,080 60"Manhole 2 EA @ $2,465.00/EA = $4,930 Type S inlet L=5' 2 EA @ $2,960.00/EA = $5,920 Type S inlet L=7' 1 EA @ $3,400.00/EA = $3,400 SANITARY SEWER: 8"PVC Sanitary Sewer 710 LF @ $35.00/L.F= $24,850 48" Diameter Manholes 4 EA @ $2,500.00/EA = $10,000 Service Line 15 EA @ $600.00/EA = $9,000 STREET LIGHTS 3 EA @ $1,450.00/EA = $4,350 MONUMENTS City Right-of-Way Monuments 2 EA @ $655.00/EA = $1,310 PAVEMENT MARKINGS Epoxy(lane Lines-collectors) 700 L.F. @ $1.35 /L.F= $945 SUBTOTAL $325,840 10 2118357 09/27/2018 03:38:20 PM Page: 11 of 15 R 83.00 D 0.00 T 83.00 Gilbert Ortiz Clerk/Recorder. Pueblo County, Co ■III������?�4'��F����G��t N���kY 11 II SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: Eagleridge Estates, Filing No. 3 9502616 DEVELOPER: Bella Vista Properties, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING,INC. Gannet Lane STREETS 6"Asphalt over 11"Base Course 5500 SY @ $31.00/SY = $170,500 Curb and Gutter 6000 LF @ $12.00/LF = $72,000 ADA Ramp 200 SF @ $4.00/SF $800 Square Pan Radius 0 SF @ $5.00/SF $0 Tactile bands 5 EA @ $350.00/EA $1,750 Sidewalk 9000 SF @ $3.00/SF = $27,000 WATER 12"PVC Water Main 1500 LF @ $47.50/LF = $71,250 Service 37 EA @ $600.00/EA = $22,200 Fire Hydrant Ass'y(1 Existing) 3 EA @ $3,250.00/EA = $9,750 STORM SEWER: 15"RCP 20 LF @ $38.00/LF = $760 18"RCP 60 LF @ $41.00/LF = $2,460 24"RCP 70 LF @ $44.00/LF = $3,080 30"RCP 340 LF @ $66.00/LF = $22,440 36"RCP 300 LF @ $71.00/LF = $21,300 60"Manhole 3 EA @ $2,465.00/EA = $7,395 Type S inlet L=6' 2 EA @ $3,180.00/EA = $6,360 Type S inlet L=7' 1 EA © $3,400.00/EA = $3,400 Type S inlet L=8' 1 EA @ $3,620.00/EA = $3,620 SANITARY SEWER: 8"PVC Sanitary Sewer 1370 LF @ $35.00/L.F= $47,950 48" Diameter Manholes 4 EA @ $2,500.00/EA = $10,000 Service Line 37 EA © $600.00/EA = $22,200 STREET LIGHTS 6 EA © $1,450.00/EA = $8,700 MONUMENTS City Right-of-Way Monuments 2 EA @ $655.00/EA = $1,310 PAVEMENT MARKINGS Epoxy(lane Lines-collectors) 1400 L.F. @ $1.35 /L.F= $1,890 SUBTOTAL $538,115 11 2118357 09/27/2018 03:38:20 PM Page: 12 of 15 R 83.00 D 0.00 T 83.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co VIII W!rjI 11111 111MIL <<11'1N WINK h� lid 111 II 1 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: Eagleridge Estates, Filing No. 3 9502616 DEVELOPER: Bella Vista Properties, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING,INC. Crested Hill STREETS 6"Asphalt over 11" Base Course 2250 SY @ $31.00/SY = $69,750 Curb and Gutter 1000 LF @ $12.00/LF = $12,000 Sidewalk 2610 SF @ $3.00/SF = $7,830 WATER 12"PVC Water Main 570 LF @ $47.50/LF = $27,075 Service 13 EA @ $600.00/EA = $7,800 Fire Hydrant Ass'y(1 Existing) 1 EA @ $3,250.00/EA = $3,250 STORM SEWER: 15"RCP 40 LF @ $38.00/LF = $1,520 18" RCP 250 LF @ $41.00/LF = $10,250 60"Manhole 2 EA @ $2,465.00/EA = $4,930 Type S inlet L=4' 1 EA @ $2,740.00/EA = $2,740 Type S inlet L=5' 1 EA @ $2,960.00/EA = $2,960 Type S inlet L=6' 1 EA @ $3,180.00/EA = $3,180 SANITARY SEWER: 8"PVC Sanitary Sewer 360 LF @ $35.00/L.F= $12,600 48" Diameter Manholes 2 EA @ $2,500.00/EA = $5,000 Service Line 13 EA @ $600.00/EA = $7,800 STREET LIGHTS 2 EA @ $1,450.00/EA = $2,900 PAVEMENT MARKINGS Epoxy(lane Lines-collectors) 400 L.F. @ $1.35 /L.F= $540 SUBTOTAL $182,125 12 2118357 09/27/2018 03:38:20 PM Page: 13 of 15 R 83.00 D 0.00 T 83.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co 11111 PM I, 110,10),I.1 roi ilk 11 II SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: Eagleridge Estates, Filing No. 3 9502616 DEVELOPER: Bella Vista Properties, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING,INC. Darter Court STREETS 6"Asphalt over 11"Base Course 1700 SY @ $31.00/SY = $52,700 Curb and Gutter 1000 LF @ $12.00/LF = $12,000 Sidewalk 4850 SF @ $3.00/SF = $14,550 WATER 12"PVC Water Main 390 LF @ $47.50/LF = $18,525 Service 8 EA @ $600.00/EA = $4,800 Fire Hydrant Ass'y(1 Existing) 1 EA @ $3,250.00/EA = $3,250 SANITARY SEWER: 8"PVC Sanitary Sewer 310 LF @ $35.00/L.F= $10,850 48" Diameter Manholes 1 EA @ $2,500.00/EA = $2,500 Service Line 8 EA @ $600.00/EA = $4,800 STREET LIGHTS 1 EA @ $1,450.00/EA = $1,450 PAVEMENT MARKINGS Epoxy(lane Lines-collectors) 350 L.F. @ $1.35 /L.F= $473 SUBTOTAL $125,898 Effluent Line(Sheet 9) SANITARY SEWER: 8"PVC Sanitary Sewer 600 LF @ $35.00/L.F= $21,000 48" Diameter Manholes 3 EA @ $3,500.00/EA = $10,500 SUBTOTAL $31,500 Effluent Storm Sewer(Sheet 10) STORM SEWER: 36"RCP 330 LF @ $71.00/LF = $23,430 60"Manhole 1 EA @ $2,465.00/EA = $2,465 SUBTOTAL $25,895 13 2118357 09/27/2018 03:38:20 PM Page: 14 of 15 R 83.00 D 0.00 T 83.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co 11III1 � �.��ti� r'��,�t1«iD1ItiCV, II SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: Eagleridge Estates, Filing No. 3 9502616 DEVELOPER: Bella Vista Properties,LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING,INC. WILLS BLVD STREETS 5.5"Asphalt over 11"Base Course 4400 SY @ $29.75/SY = $130,900 Curb and Gutter 2000 LF @ $12.00/LF = $24,000 Handicap Ramp(4) 480 SF @ $4.00/SF $1,920 Tactile bands 4 EA @ $350.00/EA $1,400 Sidewalk 6000 SF @ $3.00/SF $18,000 SANITARY SEWER: 8"PVC Sewer Main 1000 LF @ $35.00/LF = $35,000 48"Manholes 4 EA @ $2,500.00/EA = $10,000 WATER: 12"PVC Main 1000 LF @ $47.50/LF = $47,500 Fire Hydrants 2 EA @ $3,250.00/EA = $6,500 STREET LIGHT 3 EA @ $1,450.00/EA = $4,350 MONUMENT BOX 5 EA @ $655.00/EA = $3,275 SIGNAGE 4 Way-Intersection(80'R-O-W) 1 EA @ $435.00/EA = $435 BARRICADES L=24' 2 EA @ $1,280.00/EA = $2,560 SUBTOTAL $285,840 TOTAL PROJECT: $2,000,663 14 2118357 09/27/2018 03:38:20 PM Page: 15 of 15 R 83.00 D 0.00 T 83.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co 11111 Pour rrr:Mti101111 (11,iiii ottinit,i, 11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: Eagleridge Estates, Filing No.3 9502616 DEVELOPER: Bella Vista Properties, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. This is an estimate only. Actual construction costs may vary. PREPARED BY: Drew Brice NORTHSTAR ENGINEERING AND SURVEYING,INC. FIRM: 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. pp LICE,SM *.1 • ,cG-; 1 2 402j cc% :• &, = � ��S �� R��,C` Professional En� SiON gl i Date {PE SEAL] / y/sf' REVIEWED BY: Dir •"•V r�01a'Jlic Works D to 15 Reception 2118358 09/27/2018 03:38:20 PM ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT THIS ADDENDUM entered into by and between the City of Pueblo, a municipal corporation, acting by and through its Director of Public Works ("City") and BELLA VISTA PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY ("Subdivider"). WHEREAS, Subdivider and City entered into a Subdivision Improvements Agreement ("Subdivision Improvements Agreement") and related Addenda thereto for Eagleridge Estates, Filing No. 3 ("Subdivision"), and 1. Within 180 days of the issuance of the one hundredth (100th)building permit within the Subdivision, or prior to the issuance of the one hundredth (100th) certificate of occupancy for any structure within the Subdivision, whichever occurs first, Subdivider shall: a. Deposit $285,840, as referenced in Exhibit "B" to the Subdivision Improvements Agreement, in an escrow account with the City's Director of Finance to be held in an interest-bearing account for the construction and completion of curb and gutter, City standard sidewalk, and asphalt paving on Wills Boulevard along the north boundary line of the Subdivision (in accordance with the construction plans and specifications approved by the Director of Public Works). Upon completion and acceptance by the City of the improvements described in this subsection c., the funds in the escrow account will be released and delivered to the person or entity that completed the improvements. Monies on deposit in the escrow account shall be used only for said improvements on Wills Boulevard. b. Construct a fence along the south right-of-way line of Wills Boulevard, along the north boundary line of the Subdivision to establish finish grade for future homeowners that purchase lots abutting Wills Boulevard. The elevation of the base of the fence shall take into account the approved elevations of Wills Boulevard and shall allow for proper drainage to the street. 2. The Subdivision Improvements Agreement, including Addenda and Exhibits thereto, as amended and modified by this Addendum shall remain in full force and effect and the covenants of the Subdivision Improvements Agreement and this Addendum shall run with the land in the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and Subdivider, and their respective heirs,personal representatives, successors and assigns. Page 1 of 3 2118358 09/27/2018 03:38:20 PM Pag ert2Orrtfiz3C1 a k?Reoord r0 Pu0eblo2Co 00y Co 1111110 WV rli1l4 erritI XVIII MEL Executed at Pueblo, Colorado as of June 15, 2018 SUBDIVIDER: BELLA VISTA PROPERTIES, LLC, a Colorado Limited Liability Company, Manger Member: Plum Creek Associates, Inc., a Colorado Corporation BY ►4 `I -r H. F►nda, President of Plum Creek Associates, Inc. a Colorado Corporation STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me the 15th day of June ,2018 by Roger H. Fonda as President of Plum Creek Associates, Inc. , a Colorado Corporation Witness my hand and official seal. 1 �i. My commission expires: 6/3/2019 �'�-- � �l(,A-ti \/ t)ce;* Notary Public Sharon T.()hnson SHARON T. JOtiNSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID# 19994015791 MY COMMISSION EXPIRES JUNE 03,2019 Page 2 of 3 2118358 09/27/2018 03:38:20 PM Page: 3 of 3 R 23,00 DLLA� 10.00 T 23.00 Lo1 ` , I �'i�l ,I II GiIIIRICIWEI01-112 C I� NIIII■'11�IL v�T 1wl■ AI rk AI CITY: CITY OF PUEBLO, a Municipal Corporation By Dir�is ir47blic Works STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me the /D day of 491 , 20 /g by 06,44 LJ , Director of Public Works. Witness my hand and official seal. My commission expires: i Notary 'rblic BETTY JO ARAGON STATE OF COLORADO NOTAMY COMMISSION EXPIRD ES 22 2022 Page 3 of 3 Reception 2118359 09/27/2018 03:38:20 PM EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 11th day of June , 2018 , by KBJ INVESTMENTS, LLC, a Colorado Limited Liability Company, Grantor, to PUEBLO, a Municipal Corporation, Grantee: WITNESSETH: THAT 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 Sanitary Sewer in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as Lot 1, Block 5 in Eagleridge Estates, Filing No. 2 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 11th day of June , 2018 GRANTOR: KBJ INVESTMENTS, LLC, a Colorado Limited Liability/ Comp .y By: 1 Judy ' . Fo. Managing Member COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 11th day of June , 2018 , by Judy A. Fonda as Managing Member of KBJ INVESTMENTS, LLC, a Colorado Limited Liability Company. Witness my hand and official seal. My commission expires: 06/03/2019 SHARON T. JOHNSON NOTARY PUBLIC i (SEAL) STATE OF COLORADO \ jy .) 6 .)(+"t NOTARY ID# 19994015791 MY COMMISSION EXPIRES JUNE 03, 2019 Notary Public Sharon (1 Johnson DPW 111 02/06/02 2118359 09/27/2018 03:38:20 PM Page: 2 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/Recorder. Pueblo County; Co WI�.M1i1�i071: 11, 1���i' Wirt�M�,� liiptiii 11111 EXHIBIT A 20' SANITARY SEWER EASEMENT LAND DESCRIPTION A parcel of land for Sanitary Sewer purposes being 20 feet in width located in Lot 1, Block 5 in Eagleridge Estates, Filing No. 2 according to the recorded plat thereof filed for record on November 16, 2006 at Reception No. 1702445 in the records of Pueblo County Recorder. and being more particularly described as follows: Considering the westerly line of the northwest one-quarter of Section 12, Township 20 South, Range 65 West of the 6th Principal Meridian to bear N. 00°31'24" W. monumented with 3 `/2" Brass Caps PLS No. 9009 at both ends, and all bearings contained herein being relative thereto. Commencing at the southerly corner of Lot 1 in Block 5 of Eagleridge Estates, Filing No. 2; thence N. 37°23'04" W., a distance of 120.00 feet to the Point of Beginning; thence N. 77°18'12" W. along said easterly line of Parcel C in Eagleridge Estates, Filing No. 3, a distance of 26.08 feet; thence N. 52°36'56" E. and parallel to the north line of a 120 feet Power Easement recorded at Book 1300, Page 223 and Book 1537, Page 757, a distance of 378.63 feet to a point on the westerly right-of-way line of Outlook Boulevard as presently located according to the recorded plat of Eagleridge Estates, Filing No. 2; thence S. 20°59'54" E. along the said westerly right-of-way line of Outlook Boulevard, a distance of 20.85 feet more or less to the north line of said 120 feet Power Easement; thence S. 52°36'56" W. along said north line of the said 120 feet Power Easement, a distance of 356.01 feet to the Point of Beginning. Containing 0.17 acres more or less I, Michael L. Cuppy, 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. sy % 8485 3 .o �l 's .' ,i 14'4"4L-LA S s ANN Michael L. Cuppy Colorado P.L.S. 38485 For and on Behalf of NorthStar Engineering and Surveying, Inc. June 8, 2018 JN 95 026 16 Page 1 of 2 2118359 09/27/2018 03:38:20 PM Page: 3 of 3 R 23.00 D 0.00 T 23.00 • Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 11111 ki�.dRfli ii+IvinoIiirKil Aviv,rif:h�'�,�FR�'RIailiiii'i�� II II I \ 777...\ \\ / / N \ \ \�, o \ N / i �,-`;�, 2 wcN-Y_ \\ \\ .,1 'il ' , r ---' Q°� wr. '�i \\ \\ \�, ' I 1 1' - --�\/ t-'' — O! j r.-; \ / , .\I i-''j ,i 1- 4 — Cr)Q 3 4, Q \� --' , 1 \-- 1' I1 1-' 2 LL --, aW ` I I l / ' \ - -,^'i-k1 I l/'� Lii2Q -Y1 �� • r, op\\ \\ / ' RaQW \ \ • \ k`; \ \ cc `\ \ \\ / rte: 2�U r� \ � �\ ' \ hZW / tom- r`l3\\ r t.7- \ C1 z p \* °,r\\ V P o I ,-I 4,Cc / ..`N. -a. c/35 \\ $'�- ..--- -'! 2. z Q O 1-- 1 1 I -�� s, \\ -o2 me .I ` i r^ \ `\ - -1_ Fri I 0 \1 \ r J I / \ , ' V ' ' I \\\ r �1 1 =i \ \\ Q \ �1' I t I I ----I i ` \s ,,s, `\ _ Ir I' p�1 CC i �( '`off \\ [11:Z:=3 , .. ...- \ N I I V c' \\ % 3 1 1 2 ° Y, - -L .. ! \ 1;rr1 00 N t,; U W 3 v 1 1 �3 \ :\KS ,4 4.13 4 ` I , ` i\l, \\ „^�N rn al 4 � In ON � W 1 1 - 1 1 / / I i\: ^DSO \ /7.dr\2 \ I '',h\ CI: r-. NI , e,) , .,.-, „Jo ., ....,- 4--- :i ,„ ,,,,. ...., , ....., , .\\ 1 cq LL, t co 0,.., , z , , ,._ ,_ ,4...L.L. , \ ...r; \ . , ... ,-\,s, ,,..._ ,...... (,) et, , .:, 0,0 _ , N .. 1 ..., ,-, ( — rn I OO N • O o 22 \ mss, -....1:....,,.../.\ �" � a2o' .N as �� Q,+ 3t-- i Li oti � a Was O o �;, I--.......• --•••• Nt \\7 II NY' Z e-- \ \ 1/4.0 El )\ < • • /._ , rYl . . LLJ \\,Qele � z � Reception 2118360 09/27/2018 03:38:20 PM EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 11th day of June , 2018 , by KBJ INVESTMENTS, LLC, a Colorado Limited Liability Company, Grantor, to PUEBLO, a Municipal Corporation, Grantee: WITNESSETH: THAT 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 5 in Eagleridge Estates,Filing No. 2 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 11th day of June , 2018 GRANTOR: KBJ INVESTMENTS, LLC, a Colorado Limited Liability Compal By: c . l.i Judy Fond anaging Member COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 11th day of June 2018 , by Judy A.Fonda as Managing Member of KBJ INVESTMENTS, LLC, a Colorado Limited Liability Company. Witness my hand and official seal. My commission expires: 06/03/2019 SHARON T. JOHNSON :_R1 lit ) I' (SEAL) NOTARY PUBLIC ° lt<; STATE OF COLORADO Wary PublicSharon T. ohnson NOTARY ID# 19994015791 MY COMMISSION EXPIRES JUNE 03.2019 DPW 111 02/06/02 40+ 2118360 09/27/2018 03:38:20 PM Page: 20 23.00 D 0.00 11 230 Gilbert Ortof 3 iz ClerkR /Recorder. Pueblo Coun.0ty. Co uiII POP.IIWIP.11.110M'FJ,1VailiT« RAI 11FL'iIilyi1 III III EXHIBIT A 40' DRAINAGE EASEMENT LAND DESCRIPTION A parcel of land for Drainage purposes being 40 feet in width located in Lot 1, Block 5 in Eagleridge Estates, Filing No. 2 according to the recorded plat thereof filed for record on November 16, 2006 at Reception No. 1702445 in the records of Pueblo County Recorder. and being more particularly described as follows: Considering the westerly line of the northwest one-quarter of Section 12, Township 20 South, Range 65 West of the 6th Principal Meridian to bear N. 00°31'24" W. monumented with 3 1/2" Brass Caps PLS No. 9009 at both ends, and all bearings contained herein being relative thereto. Beginning at the southerly corner of Lot 1 in Block 5 of Eagleridge Estates, Filing No. 2; thence N. 37°23'04" W., a distance of 120.00 feet; thence N. 52°36'56" E. along the north line of a 120 feet Power Easement recorded at Book 1300, Page 223 and Book 1537, Page 757, a distance of 40.00 feet; thence S. 37°23'04" E., a distance of 120.00 feet more or less to a point on the south line of the aforementioned 120 feet Power Easement; thence S. 52°36'56" W. along the south line of said 120 feet Power Easement, a distance of 40.00 feet; to the Point of Beginning. Containing 0.11 acres more or less I, Michael L. Cuppy, 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. 1--to 0 r, s. i 384115 ' °NA: :Ak "' Michael L. Cuppy Colorado P.L.S. 38485 For and on Behalf of NorthStar Engineering and Surveying, Inc. June 8, 2018 JN 95 026 16 Page 1 of 2 i 2118360 09/27/2018 03:38:20 PM Page: 3 of 3 R 23.00 D 0.00 T 23.00 \ \ Gilbert Ortiz Clerk/Recorder.. Pueblo County, Co \\\ \\\ 1111 ralilt 1.110741:1411,111IVA!L1 NI1'1111111AId III III i N �� I '\ \ f-...... _ r:_:„.... i / I / \ � i 0 y ' �\ Q/ —j /\ ' \\ - / 1 1 ' - ' i I .- d- i \ I Il) -- -1^ 1 1\)1 4g12Q J Q ,Y1 r✓ \ \,..„.„- -- \\\ - / t \ \N ........ \ • ke, — _ \ 3 ` _: a. / ' _) \ \\ i�+\ V 7+'s I i <' �'- oc,204�ivVi 4. i eCiu 1 1 I `\ • m \ o� mm 3 F,i 1 I -- \ \ gb \ �0 cj cNi 1 1 ` r ` 1 / / \\1 \\ 5NN \ I� O 1 • Q I - r ` I iI _�\\ \ \\\\ \ 1 �p \ \ [11: ::1 , _ ••_.. ..,r, �� 4 N I I Ni \ 3 C4 •-• �O ,e-Y1 I I \\ r-- V-- \ --0 tD 0 1� I - t \ \<'-'s r,�0 O W33U I 1 e-' / ` `s'^N 1n p141 toNs ' ISI I / / I' 'C 1\, \ \? 2 0) 00= Z Z \ ` I 1..../\., \ * •- /; \ \ N 0 z Ci ,--i)\,. > \nn ,, 2 ..- .... v Li.; / w =mo o W NJ _/ o ;;- j ' '-/ Ot...., 1— v) co k- ..:c o ..., 1 N ,, , ONTO . ? \ \ �' ` 'i W � cL2oh q s� * v1 Z = cs \<,‘;:"2 -1 11 / ' �'`' , i319- ? ci ci.. oo'j Fri / 7. .., \ \ Z r-- X \ Z -- ...k,.................r*I . OJ 1 ' , e--1 )\\ \ '--I g I1 ! ;LI a4 ;LI rL. 441fs! ;LI A ccy+