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HomeMy WebLinkAbout09378Reception 2125485 12/12/2018 02:39:43 PM ORDINANCE NO. 9378 AN ORDINANCE APPROVING THE REGENCY CREST FILING NO. 11 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Regency Crest Filing No. 11 Subdivision, being a subdivision of land legally described as: A PORTION OF THE WEST HALF OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4, BEING MONUMENTED ON THE SOUTH END BY A NO. 6 REBAR WITH A 2-1/2" ALUMINUM CAP MARKED "M2 SURVEYING PLS 34587"AND ON THE NORTH END BY AN ALUMINUM PIPE WITH A 3-1/4" ALUMINUM CAP MARKED "PUEBLO COUNTY SURVEYOR PLS 16128" IS ASSUMED TO BEAR N04°01'08"E A DISTANCE OF 1390.39 FEET. BEGINNING AT THE NORTHWEST CORNER OF REGENCY CREST SUBDIVISION, FILING NO. 9 AS RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER 1974876; THENCE ON THE BOUNDARY LINE OF SAID REGENCY CREST SUBDIVISION, FILING NO. 9 THE FOLLOWING FOUR (4) COURSES: 1. S02°36'31"W A DISTANCE OF 719.38 FEET; 2. S87°23'29"E A DISTANCE OF 5.00 FEET; 3. S02°36'31"W A DISTANCE OF 97.40 FEET; 4. S14°30'10"E A DISTACNE OF 88.39 FEET TO THE SOUTHWESTERLY CORNER OF SAID REGENCY CREST SUBDIVISION FILING NO. 9, SAID POINT BEING ON THE BOUNDARY LINE OF REGENCY CREST SUBDIVISION FILING NO. 7 AS RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER 1622913; THENCE ON THE BOUNDARY LINE OF SAID REGENCY CREST SUBDIVISION, FILING NO. 7 THE FOLLOWING FOUR (4) COURSES: 1. S73°16'52"W A DISTANCE OF 110.20 FEET; 2. S16°43'08"E A DISTANCE OF 165.00 FEET; 3. N73°16'52"E A DISTANCE OF 22.04 FEET; 4. S16°43'08"E A DISTANCE OF 106.54 FEET TO A POINT ON THE NORTHERLY LINE OF REGENCY CREST SUBDIVISION, FILING NO. 8 AS RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER 1974870; 2125485 12/12/2018 02:39:43 PM Page: 2 of 3 R 23.00 D 0,00 T1 23.00 Gilbert Ortiz Clerk!Recorder. Pueblo County Co 1111 IFOI;l1r1.11 1414NLIKiLtIMF'I nh'tiliki •I II THENCE S75°10'58"W ON THE NORTHERLY LINE OF SAID REGENCY CREST SUBDIVISION, FILING NO. 8, A DISTANCE OF 184.00 FEET TO THE NORTHWESTERLY CORNER OF SAID REGENCY CREST SUBDIVISION, FILING NO. 8; THENCE N34°29'42"W A DISTANCE OF 98.96 FEET TO A POINT ON A CURVE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 530.00 FEET, A CENTRAL ANGLE OF 01°17'03", WITH AN ARC LENGTH OF 11.88 FEET WHOSE CHORD BEARS S63°52'14"W WITH A DISTANCE OF 11.88 FEET; THENCE N26°57'21"W A DISTANCE OF 60.00 FEET; THENCE N26°47'25"W DISTANCE OF 115.88 FEET; THENCE N73°16'52"E A DISTANCE OF 43.85 FEET; THENCE N14°25'17"W A DISTANCE OF 57.73 FEET; THENCE NO2°36'31"E A DISTANCE OF 716.82 FEET; THENCE N14°58'56"E A DISTANCE OF 60.00 FEET TO A POINT ON A CURVE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 570.00 FEET, A CENTRAL ANGLE OF 01°47'41", WITH AN ARC LENGTH OF 17.85 FEET WHOSE CHORD BEARS S75°54'55"E WITH A DISTANCE OF 17.85 FEET; THENCE N13°11'15"E A DISTANCE OF 120.47 FEET; THENCE N19°09'30"E A DISTANCE OF 82.00 FEET TO A POINT ON THE ARC OF A CURVE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 560.00 FEET, A CENTRAL ANGLE OF 16°32'59", WITH AN ARC LENGTH OF 161.75 FEET WHOSE CHORD BEARS S79°07'00"E WITH A DISTANCE OF 161.19 FEET TO POINT OF TANGENT; THENCE S87°23'29"E A DISTANCE OF 34.66 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 310,493 SQUARE FEET OR 7.128 ACRES. 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. 2125485 12/12/2018 02:39:43 PM Page: 3 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/Recorder Pueblo County, Co SECTION 4. 1111��f fli':R11idlietiI�'F' UPr�1 MAO i�II'AtalI II The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of the Ordinance to implement 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 effectiv �� <scoy(041 94, INTRODUCED: November 12, 2018 ' �,, � "I vc. / /, .:/ '( c BY: Ed Brown v� ,' t�` MEM: -R OF CITY COUNCI r • ., � j \o APPROVED: Or o w � P- SIDENT OF CITY COUNCIL ATTESTED B' -_J I 0 I ACTING CITY CLERK PASSED AND APPROVED: November 26, 2018 City Clerk’s Office Item # R-9 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: November 12, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE REGENCY CREST FILING NO. 11 SUBDIVISION SUMMARY: The applicant is requesting to subdivide the 7.128 -acre property, to create a thirty-three (33) lot residential subdivision. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located immediately west of Regency Crest Subdivision, Filing No. 10, in the Domega Homes neighborhood. The applicant is proposing to subdivide the area into thirty-five (33) single family residential lots. This portion of the property is part of the Regency Crest West Annexation, which was approved in 2004, amended in 2005 (First amendment), amended in 2007 (Second amendment) and amended in 2014 (Third amendment). The Third Amendment to the Annexation Agreement, in 2014, was approved to divide the Neighborhoods into smaller sections, allowing the applicant to phase public improvements along with each Neighborhood in the development. The Regency Crest West Master Plan, which provides for the coordinated development of the entire 122.75-acre property was approved by the Planning and Zoning Commission on January 12, 2005 in accordance with the Annexation Agreement. As a requirement of the Third Annexation Agreement Amendment, the Regency Crest West Master Plan, showing the revised Neighborhoods of the development was completed in conjunction with, and as a condition of this subdivision. The subject property includes Neighborhoods G2, G3 and I2, which were always intended for single family residential. The zoning map amendment associated with this subdivision rezones the properties to R-2U which was designed to provide areas primarily for single- family development of medium density, while providing opportunities for a variety of blocks, lots and setbacks. It was the intention of the R-2U Zone District to allow mixed-lot sizes and housing sizes along the same street and the same block, while not increasing the gross density of the development. As required by the R-2U Zone District, a homeowners’ association was previously created for the Domega Homes neighborhood to provide for the maintenance of common areas, private open spaces and other neighborhood assets. FINANCIAL IMPLICATIONS: The approval of this subdivision plat will not have any immediate financial impact to the City. However, build out of this lot will require a higher level of City services (police, fire, etc.) than currently is provided to the vacant land parcel. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their August 8, 2018 Regular Meeting, voted 7- 0 to recommend approval with the following conditions of approval: 1. All easements located within the proposed rights-of-way must be vacated or released prior to recording of the subdivision. The subdivision must reflect that those easements have been vacated or released. 2. Comply with all requirements of the subdivision plat and supplemental prior to the subdivision being scheduled for City Council. 3. Prior to the application being scheduled for City Council, provide an easement for water quality features and appurtenances that are not located in right of way. This includes inside and outside of proposed subdivision boundaries. 4. Update the Regency Crest West Master Plan according to the Third Amendment to Annexation Agreement, case no. A-03-04. The updated Master Plan must be reviewed and approved by Planning and Zoning Commission prior to the subdivision being scheduled for City Council. 5. Provide revised Exhibits C-1, Annexation Development Plan and C-2, Annexation Development Schedule prior to the subdivision being scheduled for City Council. 6. Construct the sidewalk along the built portion of St. Clair Avenue within six (6) months of August 9, 2018. All conditions of approval have been completed 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 August 8, 2018 Public Hearing Memorandum from the Department of Public Works Dated November 1, 2018 Planning and Zoning Commission Staff Report with Exhibits Reception 2125484 12/12/2018 02:39:43 PM RELEASE OF EASEMENTS This release of easements is made on E r-‘ , a o 8 by Pueblo, a Municipal Corporation (City), whose legal address is One City Hall Place, Pueblo, Colorado 81003, to The Proctor Family Partnership No. 2, LLLP a Colorado Limited Liability Limited Partnership (Owner) of Pueblo, Colorado. WHERAS, the Owner is the developer and property owner for the property known as The Proctor Family Partnership No. 2, LLLP a Colorado Limited Liability Limited Partnership WHERAS, the Owner is the Grantor and the City is the Grantee of the easement described in attached Exhibit"A"; and WHEREAS, the Owner has agreed to grant to the City of Pueblo alternate easements or rights-of-way for such purposes; and NOW THEREFORE in consideration of Owner granting a certain easement and right-of- way to the City of Pueblo, the City hereby releases the easement described in attached Exhibit Pueblo, - unicip- •• 4 4•00°.F- .6-04,0,4 : ?.A 04 _ 01 , dent City Council kab ATTEST: Ad , ^ , n • ti 11 ir0`!"s. `'2lck (,L'u . irI 11M1IIM C• igc,i-irn City Clerk STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me onece mIU , (Do i°, by Chris Nicoll as President of City Council, and Brenda Armijo as City Clerk. J Witness my hand and official seal. My commission expires:9 y i, C G TAMMY A MARTINEZ M ` A ()11aAL I . NOTARY PUBLIC STATE OF COLORADO Notary Public L/ l NOTARY ID 20164028200 MY COMMISSION EXPIRES 07/2612020 EXHIBIT A I LOT 12 / I ` - - , / I. BLOCK 3 ojiii H _ 2 N nil W Z j i 2 L Z O Orfi _ h I nr .= ! BLOCK4 LOT 1 I REGENCY CREST SUBDIVISION E O 11_- ' STORM SEWER OUTFALLEASEMENT d '1: RECEPTION NO.1622918 f1)0 m nit - — — (PORTION OF EASEMENT TO 'm L1- ST.CLAIR --- L _ BE RELEASED) 6y _ i 490.R.0.149 AVENUE L_ M N87°23'29'W '•o N L.67.96' r'_- 315.85' N T5 — R=513.00' POINT OF BEGINNING m m 0 ors A=7°35'27 \' r _ _ FOR EASEMENT RELEASE r ' -I L=109.43' 2[ a a ma -- LOT1 I I RQ=6109,00'1° -- _ --- NO2°28'20°E N , BLOCK 3 I I 27.00, _.--- N a. . . wl LOT9 LOTS '+ U F I I PROPOSED m POINT OF N N t.r L=119.39' REGENCY CREST O^ COMMENCEMENT y.. R=813.00' 502°36'51 I I I SUBDIVISION, — ---- 1-2 _ FOR EASEMENT RELEASE 0 = A=11°09'32' FILING N0.11 K?L.2", -- -- N p 1r A NDe, h,I I LOT LOT8 U-2 CO RO•WJ JJI zoo I tO v L rn R. <LsN 01._. _-J Lu ccEiu 1 Z Nac LOT 7 c I--___ h C0 POINT OF TERMINUS LOT 7 m - Lu FOR EASEMENT RELEASE I —I f I -(-) u- BLOCK2 -- -- Z O EASEMENT TO REMAI I I W RECEPTION NO.1622916 LOT B K_ O-. LOT6 LOT 15 ,, '.2.-O S I H 4 LOT LOTS LOT 14 i F I BLOCK 4 _._._ J LOT 13 LOT 4 LOT4 I --- H I EASEMENT RELEASE ALL THAT PORTION OF THE STORM SEWER OUTFALL EASEMENT RECORDED AT RECEPTION NUMBER 1622916 LYING WITHIN N THE BOUNDARIES OF REGENCY CREST SUBDIVISION FILING NOS.9 AND 11. 0 50' 160' 200' I SCALE:1'=100' EDWARD JAMES SURVEYING, INC. 926 Elkton Dr. 4732 Eaglerldge Circle THIS DRAWING DOES NOT REPRESENT A 0Colorado Springs,CO 80907 Pueblo,CO 81008 MONUMENTED LAND SURVEY AND IS ONLY (719)576-1216 (719)545-6240 INTENDED TO DEPICT THE LEGAL DESCRIPTION. 0911812018 JOB NO.1156-08 SHEET 2 OF 2 EDWARD-JAMES SURVEYING, INC. September 18,2018 Job No. 1156.08 Page 1 of 2 LEGAL DESCRIPTION (RELEASE OF EASEMENT) A PORTION OF THE REGENCY CREST SUBDIVISION STORM SEWER OUTFALL EASEMENT RECORDED AT RECEPTION NUMBER 1622916. SAID EASEMENT BEING A PORTION OF THE WEST ONE-HALF OF SECTION 4,TOWNSHIP 21 SOUTH,RANGE 65 WEST,OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF PUEBLO,STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: o ITC- BASIS OF BEARINGS: THE WEST LINE OF REGENCY CREST SUBDIVISION,A T SPECIAL AREA PLAN,ACCORDING TO THE RECORDED m _- PLAT THEREOF,BEING MONUMENTED ON BOTH ENDS m 5 ;14- BY A NO.6 REBAR WITH A 2-1/2"ALUMINUM CAP MARKED"M2 SURVEYING PLS 34587"IS ASSUMED TO o BREA NO3°18'38"E A DISTANCE OF 1641.38 FEET. MS- Mm COMMENCING AT THE SOUTHWEST CORNER(SW/COR)OF REGENCY CREST o SUBDIVISION,FILING NO.3,A SPECIAL AREA PLAN;THENCE,NORTH 02°26'20" mm m L- EAST,ALONG THE WESTERLY BOUNDARY OF SAID REGENCY CREST SUBDIVISION, mma FILING NO.3,A DISTANCE OF 27.00 FEET TO THE POINT OF BEGINNING OF A m o TWENTY(20)FOOT WIDE DRAINAGE EASEMENT THE CENTERLINE OF WHICH IS —.0 DESCRIBED AS FOLLOWS: N Y Ndm-r THENCE, NORTH 87°23'29"WEST A DISTANCE OF 315.85 FEET TO A POINT OF N CURVATURE;THENCE,ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 613.00 N "` FEET,THROUGH A CENTRAL ANGLE OF 10°13'41",A DISTANCE OF 109.43 FEET TO A o POINT ON A NON-TANGENT CURVE,THROUGH WHICH A RADIAL LINE TO SAID vm° p CURVE BEARS SOUTH 79°48'02"EAST;THENCE,ALONG SAID CURVE TO THE LEFT °a HAVING A RADIUS OF 513.00 FEET,THROUGH A CENTRAL ANGLE OF 07°35'27",A N mil DISTANCE OF 67.96 FEET;THENCE,SOUTH 02°36'31"WEST A DISTANCE OF 115.36 a a GAM FEET TO A POINT ON A NON-TANGENT CURVE,THROUGH WHICH A RADIAL LINE TO SAID CURVE BEARS SOUTH 03°49'26"WEST;THENCE,ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 613.00 FEET,THROUGH A CENTRAL ANGLE OF 11009'32",A DISTANCE OF 119.39 FEET TO THE POINT OF TERMINUS. SIDELINES OF SAID EASEMENT TO BE LENGTHENED OR SHORTENED AS NECESSARY. CONTAINING A CALCULATED AREA OF 0.3342 ACRES. LEGAL DESCRIPTION STATEMENT I,EDWARD R.FISHER,A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE,INFORMATION,AND BELIEF IS CORRECT. • ,.+ 8 p •0NAI LAN S • EDWARD R.FISHER,PROFESSIONAL LAND SURVEYOR COLORADO PLS NO.38042 FOR AND ON BEHALF OF EDWARD-JAMES SURVEYING,INC. 926 ELKTON DRIVE 4732 EADLERIDOC CIRCLE COLORADO BPRING ,CO 80907 PUEBLO,CO 61008 PHONE: 17191576-1216 PHONE::(719) 345-6240 PAX: (719)576-1206 FAX:(719) 545-6247 hapi/ejsurveying.com 111111111 011N 1111 it 11111II11111III. 111 012/242737/20007122 e2:59P Chri5C.Munoz PusbloCtyCikIRSo EASE R20.08 D0.00 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT,granted this 72 r? day of J3DTCTA&Y , 2002 by Domega Homes of Co. , Inc 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 0-0 to Grantee, its successors and assigns, an easement and right of way for the 51710 purpose of cL,,rm Drain ol.1tfall in, through, over, under and across Grantor's E o_77,4111 property situated in Pueblo County, Colorado, described in the attached Exhibit"A"(the Property). r- me-••• Grantor shall install (describe the facilities to be installed, e.g. storm water drainage and N: 7-4 appurtenant facilities)(the"Facilities")in the Property in accordance with plans and specifications m'6 therefor approved by,and on file with Grantee, and,thereafter, Grantor shall maintain the Facilities 03°. in good working order and condition, and repair and replace the Facilities. '+Maw Nom' N v Grantee shall have the right at its option(but not the obligation)to inspect, control,maintain, - repair and replace the Facilities and recover all costs and expenses thereof plus an administrative o-- charge of 15%from the Grantor. For such purposes,Grantee is granted the right to enter upon the y ti Property and adjoining property of Grantor. Failure of Grantee to inspect,control,maintain,repair v or replace the Facilities shall not subject the Grantee to any liability for such failure. 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. 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 24th day of JANUARY , 2002 GRANTOR: By 2 % C.T. Proctor - President DPW 110 12/03/98 iP!lill!!ililililll!!llllMllii ilIII !i i 111!!111111!i!!l 02/27/2002/ 2 4 ChriiC Munoz PuebloCtyClkiAzo EASE 02,39P R 2s.o0 D e.ve COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this.jA.thday of.Ta n„a ry 2002 by C.T. Proctor as President of Domega Homes of Colorado, Inc. Witness my hand and official seal. My commission expires: 10-23-05 (SEA, -, 1 001 ' v Notary ' blic • ty01ARy': 2125484 12/12/2018 02:39:43 PM Page: 5 of 7 R 43.00 D 0.00 T 43.00 Gilbert Ortiz Clerk/Recorder. Pueblo County. Co 2125484 12/12/2018 02:39:43 PM Page: 6 of 7 R 43.00 D 0.00 T 43.00 Gilbert Ortiz Clerk/Recorder. Pueblo County. Co VIII tl+lr rl 4 r 1Ft 0111,11',l kT,F't g4l111 II I Legal Description Storm Drain Outfall Easement No. 1 A portion of the Northwest Quarter(NW/4)of Section Four(4),Township Twenty-one(21)South, Range Sixty-five(85)West of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: Basis of Bearings: The west line of Regency Crest Subdivision, A Special Area Plan, according to the recorded plat thereof, being monumented on both ends by a No.6 rebar with a 2-1/2'aluminum cap marked"M2 Surveying PLS 34587"Is assumed to bear NO3°18'38"E a distance of 1841.38 feet. COMMENCING at the Northwest Corner of Regency Crest Subdivision, A Special Area Plan, according to the recorded plat thereof,THENCE, NO3°18'38"E a distance of 27.00 feet;THENCE, N87°23'29'W a distance of 1619.35 feet to the POINT OF BEGINNING of a twenty(20)foot wide drainage easement the centerline of which is described as follows: THENCE, continuing N87°23'29"W a distance of 315.85 feet to a point of curvature; THENCE, along a curve to the right, having a radius of 613.00 feet,through a central angle of 08°29'39", a distance of 90.88 feet; THENCE, S09°53'151W a distance of 55.67 feet to a point of curvature; THENCE, along a curve to the left, having a radius of 713.00 feet, through a central angle of 07°16'44', a distance of 90.58 feet; THENCE, S02"36'31"W a distance of 45.32 feet; THENCE, N80°04'50"W a distance of 125.39 to a point of curvature; THENCE, along a curve to the right, having a radius of 328.00 feet, through a central angle of 02°25'27", a distance of 13.88 feet to the POINT OF TERMINUS. Sidelines of said easement to be lengthened or shortened as necessary. Said easement contains 0.3387 acres,more or less. 0 REG/STS. Wrfrè 34587 ) oif2t 2 HAL LlOv 1427371 II 1111 11111 111111 11111 111 II III Page:320002 02:59P ChrIiC.Munoz Pu.bloCtyClk&Rso EASE R 25.00 D 0.00 M2 Surveying, LP 1/17/2002 172 E. Industrial Blvd.,#105 1 of 1 Pueblo West,CO 81007 (719)647-9483 111111111111111111111111 111III IIS :1;262:247;1042:59P Chr1sC.Munoz Pusb1oCtyClkMum EASE R 20.00 D 0.®0 O I \I\ s o assshesn arrr IM ad ;" 0 a . „mil" vdr or CO • _ Ai a1- � pp Z-� i— n ti cmai m - m or/re�o9siot pa a J u8 No, n N~ r i Ai gill 9 a r Z 's, rmz mI'Y z-r_i Z: o 1111 Alk, N 01q••„;a= W Z g9 Noc. a J I 0 g IA o F. w R III IEce a I I 1 1 I , I.- l 101 a 1 , I _ id –= N iii I 1 1 pl r 1 404)4,0, J Reception 2125487 12/12/2018 02:39:43 PM RATIFICATION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by a deed of trust recorded January 19 , 2018 , in Book at Page , Reception Number 2094509 , does hereby ratify and consent to the subdivision of the land platted as Regency Crest Subdivision Filing No. 11 shown on the Subdivision Plat recorded by Reception Number in the records of Pueblo County, Colorado, and confirms and joins in the dedication of all streets, easements, rights of way and access restrictions shown thereon and subordinates its interest in the property described in the Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto between the Subdivider and City of Pueblo executed in conjunction therewith. Signed this 2.4 \day of D c`kb4_17- ,_7 ()16 Y.D.O\N i\AA 1--)v--66( Corbpany Name By: - ‘y\-,.. \,1/\1`X1' cS 01p n Title: : y\U .0 V c U 1 C1 1 STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) , The foregoing instrument was acknowledged before me this t\'1( day of ?(' ppQv , 12-1)F5 by as C & ,f k of \ Qytrk Kli My Commission Expires: OCA KA)", cc-\ BRITTENY NICOLE FILBECK NOTARY LA STATE OF COLORADO _ ( e D NOTARY ID#20174042748 NotaryPublic MY COMMISSION EXPIRES OCT. 13,2021 DPW L17 02/05/02 Reception 2125488 12/12/2018 02:39:43 PM RATIFICATION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by a deed of trust recorded January 19 , 2018 , in Book at Page , Reception Number 2094511 , does hereby ratify and consent to the subdivision of the land platted as Regency Crest Subdivision Filing No. 11 shown on the Subdivision Plat recorded by Reception Number in the records of Pueblo County, Colorado, and confirms and joins in the dedication of all streets, easements, rights of way and access restrictions shown thereon and subordinates its interest in the property described in the Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto between the Subdivider and City of Pueblo executed in conjunction therewith. Signed this 2g-AI day of N)07k-(;) , 2 i . Oompany Name By: < Title: i f \ Y U IC( V >XX'Vl STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged efore `( pme this 1,1 k day of `')("\V , - 1 C ., by lXrr., VCP.0 VS as \11 v l( 2 of LQeS6 etk V.1) C_ • My Commission Expires: '. C8') ao BRITTENY NICOLE FILBECK ' I ^LQC(- fik , NOTARY PUBLIC STATE OF COLORADO Notary Public NOTARY ID#20174042748 DPW IW7OMMISSION EXPIRES OCT. 13,2021 02/05/07 Reception 2125489 12/12/2018 02.39:43 PM SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on (.. , ZC I , between the CITY OF PUEBLO, a Municipal Corporation ("City"), and The Proctor Family Partnership No.2,LLLP A Colorado Limited Liability Limited Partnership ("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 Regency Crest Subdivision Filing No.11 ("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 2125489 12/12/2018 02:39:43 PM Page: 2 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder; Pueblo County, Co SNI Pgiinlidl01;G6'1Mi 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 2125489 12/12/2018 02:39:43 PM Page: 3 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co It II I 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 2125489 12/12/2018 02:39:43 PM Page: 40 of 10 R 58. Dr 0T 5 .00 Gilbert Ortiz Clerk/Recorder00 . Pue00blo County Co Ell E,1Zf+l'I�Ir4 «'VI& ,". � riW�'�h SI II I 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 2125489 12/12/2018 02:39:43 PM Page: 5 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Reoorder. Pueblo County, Co 1111M011R121EiMilr.heViell ti : :POi'I% Ill 111 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 • 2125489 12/12/2018 02:39:43 PM Page:ertBOrtiz t z10 ClerRk/Recorde.00 Dr, PuOeblo 58.00 o un0Gityy Co 111161 RICOIP, Y.'LIN,'t 7,110, II II 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. TA / /a,C 1 12:17-1/l 2.,ih),&1 S/1 i,-J Jul o ,1 n Subdivider /4 (.�—� L ,,,, (SEAL) By: C /4:-) By: L. / The foregoing instrument was acknowledged before me on cc_,- oc c9h. by CXD\e , Subdivider. My commission expires:(x A ca�a , Le As, Notary Public BRITTENY NICOLE FILBECK NOTARY PUBLIC STATE OF COLORADOQ�C CITY OF P ': .0, a.„0000.014") ►. Co poration NOTARY ID#20174042748 �4� OZO MY COMMISSION EXPIRES OCT.13,2021/4'� ► �, r �Q 04;4'1g � / 'resident of City Cou TTEST: 15 // / RA-1n City Clerk 011111111111111115" STATE OF COLORADO )\.t.z.p ) ss. �— COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 2 Ad— day of /Wi2[ tr beA , <,201g by C'hAIs pho.N A . kJicclI , as President of City Council, and BAY/4C Arnj t% as City Clerk of the City of Pueblo, Colorado. eJ A`A ine, Witness my hand and official seal. DPW 101 6 May 2009 • 2125489 12/12/2018 02:39:43 P11 Page: 7 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co IIII NPI 117*I IiGll:11,14,iniN t!`Iia' 'M I:' 14, 11I II 1 My commission expires: TAMMY A MARTINEZ N:= `L/) ityk-,- A , r 1Ct,k NOTARY PUBLIC [ SEAL ] STATE OF COLORADO Not Public NOTARY ID 20164028200 iY COM •N EXPIRES 07/26/2020 APPROVED A" : . ic,1/4/1/tic,( — ' \� City Attorney DPW 101 7 May 2009 EDWARD-IJAMEB SURVEYING, INC. May 22,2018 Job No.1156.08 Page 1 of 2 LEGAL DESCRIPTION (PROPOSED REGENCY CREST SUBDIVISION,FILING NO.11) A PORTION OF THE WEST HALF OF SECTION 4,TOWNSHIP 21 SOUTH,RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF PUEBLO,STATE OF COLORADO,BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS:THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF 111. SAID SECTION 4,BEING MONUMENTED ON THE SOUTH END BY A NO.6 REBAR WITH A 2-1/2"ALUMINUM - CAP MARKED"M2 SURVEYING PLS 34587"AND ON THE NORTH END BY AN ALUMINUM PIPE WITH A 3-1/4" ALUMINUM CAP MARKED"PUEBLO COUNTY SURVEYOR PLS 16128"IS ASSUMED TO BEAR N04°01'08"E A DISTANCE OF 1390.39 FEET. o BEGINNING AT THE NORTHWEST CORNER OF REGENCY CREST SUBDIVISION,FILING NO.9 AS RECORDED U IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER 1974876;THENCE ON THE BOUNDARY m>, LINE OF SAID REGENCY CREST SUBDIVISION,FILING NO.9 THE FOLLOWING FOUR(4)COURSES: 03 1. 502°36'31"W A DISTANCE OF 719.38 FEET; (.3 BL= 2. S87°23'29"E A DISTANCE OF 5.00 FEET; >=r o 3. S02°36'31"W A DISTANCE OF 97.40 FEET; a. 4. S14°30'10"E A DISTACNE OF 88.39 FEET TO THE SOUTHWESTERLY CORNER OF SAID REGENCY rh®a f-� CREST SUBDIVISION FILING NO.9,SAID POINT BEING ON THE BOUNDARY LINE OF REGENCY 6••a CREST SUBDIVISION FILING NO.7 AS RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER 1622913; Mom THENCE ON THE BOUNDARY LINE OF SAID REGENCY CREST SUBDIVISION,FILING NO.7 THE N m o - FOLLOWING FOUR(4)COURSES: op pp 1. S73°16'52"W A DISTANCE OF 110.20 FEET; N a _ 2. S16°43'08"E A DISTANCE OF 165.00 FEET; ~- �mU 3. N73°16'52"E A DISTANCE OF 22.04 FEET; N N' N 4. 516°43'08"E A DISTANCE OF 106.54 FEET TO A POINT ON THE NORTHERLY LINE OF REGENCY '"("-K CREST SUBDIVISION,FILING NO.8 AS RECORDED IN THE PUEBLO COUNTY RECORDS UNDER A RECEPTION NUMBER 1974870; • . 03 • • in co THENCE S75°10'58"W ON THE NORTHERLY LINE OF SAID REGENCY CREST SUBDIVISION,FILING NO.8, N Ora- A DISTANCE OF 184.00 FEET TO THE NORTHWESTERLY CORNER OF SAID REGENCY CREST N a SUBDIVISION,FILING NO.8;THENCE N34°29'42"W A DISTANCE OF 98.96 FEET TO A POINT ON A CURVE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,HAVING A RADIUS OF 530.00 FEET,A CENTRAL ANGLE OF 01.1703-,WITH AN ARC LENGTH OF 11.88 FEET WHOSE CHORD BEARS S63°52'14"W WITH A DISTANCE OF 11.88 FEET;THENCE N26°57'21"W A DISTANCE OF 60.00 FEET; THENCE N26°47'25"W DISTANCE OF 115.88 FEET;THENCE N73°16'52"E A DISTANCE OF 43.85 FEET; THENCE N14°25'17"W A DISTANCE OF 57.73 FEET;THENCE NO2°36'31"E A DISTANCE OF 716.82 FEET; THENCE N14°58'56"E A DISTANCE OF 60.00 FEET TO A POINT ON A CURVE;THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,HAVING A RADIUS OF 570.00 FEET,A CENTRAL ANGLE OF 01°47'41",WITH AN ARC LENGTH OF 17.85 FEET WHOSE CHORD BEARS S75°54'55"E WITH A DISTANCE OF 17.85 FEET;THENCE N13°11'15"E A DISTANCE OF 120.47 FEET;THENCE N19°09'30"E A DISTANCE OF 82.00 FEET TO A POINT ON THE ARC OF A CURVE;THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,HAVING A RADIUS OF 560.00 FEET,A CENTRAL ANGLE OF 16°32'59",WITH AN ARC LENGTH OF 161.75 FEET WHOSE CHORD BEARS S79°07'00"E WITH A DISTANCE OF 161.19 FEET TO POINT OF TANGENT; THENCE S87°23'29"E A DISTANCE OF 34.66 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 310,493 SQUARE FEET OR 7.128 ACRES. LEGAL DESCRIPTION STATEMENT I,EDWARD R.FISHER,A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE,INFORMATION,AND BELIEF IS CORRECT. r.3 ;27 243 sJ yAt laN� EDWARD R.FISHER,PROFESSIONAL LAND SURVEYOR COLORADO PLS NO.38402 FOR AND ON BEHALF OF EDWARD-JAMES SURVEYING,INC. 926 ELKTDN DRIVE 4732 EAOLERIDOE CIRCLE COLORADO BPRINOB,CO 80907 PUEBLO,CO. 81008 PHONE: (719) 576-1216 FAA: (719)576-1206 PHONE:(719) 545-6240 FAA:(719) 545-6247 http://ejsurvey-ing.com SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT"B" Subdivision Name: Regency Crest Subdivision, Filing No. 11 Developer: The Proctor Family Partnership No.2, LLLP,A Colorado Limited Liability Limited Partnership Engineer: Quentin N.Armijo, P.E. Unit Description Quantity Units Unit Cost Cost Street Improvements 1. Pavement* Mli 4"HMA on 9"ABC --ti; Jill Peachcrest Drive 784 SY $23.00 $18,034.66 Hazelcrest Drive 370 SY $23.00 $8,502.23 =is Almondcrest Court 391 SY $23.00 $8,986.69 3 t PLUMCRREST Drive 3,341 SY $23.00 $76,846.02 5"HMA on9"ABC m� Saint Clair Avenue 924 SY $25.50 $23,569.28 co o Subtotal Pavement: $135,938.87 LC)U a -"+. n 2. Concrete vm; .1.114111 Curb&Gutter m 0 a N Peachcrest Drive 358 LF $12.00 $4,301.16 Mo v Hazelcrest Drive 208 LF $12.00 $2,496.00 mm Almondcrest Court 197 LF $12.00 $2,364.60 co GO w PLUMCRREST Drive 1,966 LF $12.00 $23,591.40 ..-'if)Ce Saint Clair Avenue 407 LF $12.00 $4,880.76 N a , Sq22. uare Pan Radius&7"Reinforced concrete N m PLUMCRREST Drive 407 SF $4.00 $1,628.00 N'"N Saint Clair Avenue 521 SF $4.00 $2,084.00 r" �- A.D.A.Curb Ramps 01 CI)o(-,5' ti Peachcrest Drive 355 SF $4.00 $1,419.24 co ' PLUMCRREST Drive 391 SF $4.00 $1,563.32 N�,n Saint Clair Avenue 1,257 SF $4.00 $5,028.60m Tactile Bands a • Peachcrest Drive 2 EA $350.00 $700.00 PLUMCRREST Drive 4 EA $350.00 $1,400.00 Saint Clair Avenue 2 EA $350.00 $700.00 Subtotal Street Improvements: $9,161.76 Sanitary Sewer 8"Main Line Peachcrest Drive 101 LF $35.00 $3,544.80 Almondcrest Court 246 LF $35.00 $8,598.45 PLUMCRREST Drive 833 LF $35.00 $29,158.15 48"Sanitary Manholes Peachcrest Drive 1 EA $2,500.00 $2,500.00 PLUMCRREST Drive 4 EA $2,500.00 $10,000.00 Service Line Peachcrest Drive 7 EA $1,200.00 $8,400.00 Almondcrest Court 2 EA $1,200.00 $2,400.00 PLUMCRREST Drive 24 EA $1,200.00 $28,800.00 Subtotal Sanitary Sewer: $64,601.40 Storm Drain 18"Storm Sewer PLUMCRREST Drive 70 LF $36.00 $2,507.40 6 Type S Inlet PLUMCRREST Drive 2.00 EA $2,800.00 $5,600.00 Subtotal Storm Drain $8,107.40 Water Distribution 8"Main line Peachcrest Drive 201 LF $47.50 $9,547.50 Almondcrest Court 145 LF $47.50 $6,887.50 12"Main line PLUMCRREST Drive 1,037 LF $47.50 $49,257.50 Saint Clair Avenue 101 LF $47.50 $4,797.50 Fire Hydrant Assembly PLUMCRREST Drive 2 EA $3,250.00 $6,500.00 Service Line Peachcrest Drive 7 EA $600.00 $4,200.00 Almondcrest Court 2 EA $600.00 $1,200.00 PLUMCRREST Drive 24 EA $600.00 $14,400.00 Subtotal Water Distribution: $96,790.00 Street Lights Peachcrest Drive 1 EA $1,450.00 $1,450.00 PLUMCRREST Drive 2 EA $1,450.00 $2,900.00 Saint Clair Avenue 1 EA $1,450.00 $1,450.00 Subtotal Street Lights: $5,800.00 Barricades 16'Barricade Peachcrest Drive 1 EA $940.00 $940.00 Almondcrest Court 1 EA $940.00 $940.00 Saint Clair Avenue 1 EA $940.00 $940.00 Subtotal Barricades: $2,820.00 Total Subdivision Improvements: $323,219.43 This is an estimate only.Actual construction costs may vary. The undersigned hereby certifies that(i)the Required Public Improvements shown hereon and the Plans and Specifications therefore constitute all of the public improvements reguired-to be installed and constructed for the Subdivision by Chapter 4,Title XII of the Pu _•M>dt{tttit+ + Code and the standards and specifications approved by City Council, (ii)th• •tteiittities,ot. -'1>‘,1/4;\ construction elements shown hereon accurately depicts the quantities ne, Required Public Improvements and(ii)the unitprices shown hereon are �'e q p (tpoSt4urrent prices provided by the City of Pueblo. PREPARED BY: DAT s� 1h Z( l ) tr ft uentin N.Armijo, P.E ��?`°•.,• ... f^,4.' REVIEWED BY: �,%, ATE: N�� Dire ; .i4421j orks 2125489 12/12/2018 02:39.43 PM Page: 10 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder Pueblo CountyCo P117� il 11111 Reception 2125490 12/12/2018 02:39:43 PM EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this kt day of / ii a.1 i i by Proctor Family Partnership ,Grantor,to Pueblo,a Municipal Corporation, Gran ee: No. 2 a Limited Liability Limited Partnership 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 Water Quality Basin , in,through, over,under and across Grantor's property situated in Pueblo County, Colorado described in the attached Exhibit"A"(the "Property"). Grantor shall install a Water Quality Basin (the "Facilities")in the Property in accordance with plans and specifications therefore approved by,and on file with Grantee, and,thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair and replace the Facilities. Grantee shall have the right at its option(but not the obligation)to inspect, control, maintain,repair and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15%from the Grantor. For such purposes, Grantee is granted the right to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect, control,maintain,repair or replace the Facilities shall not subject the Grantee to any liability for such failure. 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. 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. DPW 110 12/03/98 "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 /5 f day of , a °I I la • GRANTOR:Proctor Family Partnership No. 2 a Limited Liability Li ited Partnership / By: C11. t'QtY adj id-C2/8-e/1-4 C2J11/ 2 COUNTY OF PUEBLO ) )ss. STATE OF COLORADO) The foregoing instrument was acknowledged before me this 15-- day of Nbv Q IrY\.6 r , azo`g by Cole Proctor as General Partner of Proctor . Family Partnership No. 2 a Limited Liability Witness my hand and official seal. Limited Partnership My Commission Expires: - HG( (SEAL) >t(L'', JODY L. SANDERS . ( Lary Public NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20114073872 MY COMMISSION EXPIRES NOV. 18,2019 2125490 12/12/2018 02:39:43 PM Page: 2 �i Gilbert Ortz4Clak2/RecoOrd r. Pueblo02 County. Co 11111k1 NI 1, L'Ii4',F I'ik III 2 2125490 12/12R22880 D30.00 PM28.00 Pa�e�t30�tfiz4C1'rk!Recorder Pueblo County Co II 1111�II��lI`3114III4Ih IM Ia�i�NI R�,�1kYi � 11i� lll �I III EDWARDPJAMEB SURVEYING, INC. August 16, 2018 EXHIBIT A Job Na 1156.08 Page 1 of 2 LEGAL DESCRIPTION A PORTION OF WEST ONE-HALF OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 65 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4 BEING MONUMENTED ON THE SOUTH END BY A NO. 6 REBAR WITH A 21/2" ALUMINUM CAP STAMPED "M2 SURVEYING PLS 34587" AND ON THE NORTH END BY AN ALUMINUM PIPE WITH A 3 1/4" ALUMINUM CAP STAMPED "PUEBLO COUNTY SURVEYOR PLS 16128" AND ASSUMED TO BEAR N04°01'08"E A DISTANCE OF 1,390.39 FEET. COMMENCING AT THE NORTHWEST CORNER OF REGENCY CREST SUBDIVISION FILING NO. 9 AS RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER 1974876;THENCE N74°29'23'W A DISTANCE OF 546.68 FEET TO THE POINT OF BEGINNING, THENCE S13°23'48"E A DISTANCE OF 184.84 FEET;THENCE ON THE ARC OF A CURVE TO THE LEFT WHOSE CENTER BEARS S33°48'09"E, HAVING A DELTA OF 44°01'41", A RADIUS OF 52.00 FEET, AND A LENGTH OF 39.96 FEET;THENCE N47°49'51'W A DISTANCE OF 173.00 FEET;THENCE N48°12'20"E A DISTANCE OF 143.92 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 14,940 SQUARE FEET OR 0.343 ACRES. LEGAL DESCRIPTION STATEMENT I, EDWARD R. FISHER, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION, AND BELIEF IS CORRECT. ooucEy • . s :ON 455 k spa : E ........••• /04, EDWARD R. FISHER, PROFESSIONAL LAND SURVEYOR COLORADO PLS NO. 38042 FOR AND ON BEHALF OF EDWARD-JAMES SURVEYING, INC. 4732 EAGLERIDGE CIRCLE 926 ELKTON DRIVE COLORADO SPRINGS, CO 80907 PUEBLO, CO 81008 PHONE: (719) 576-1216 PHONE: (719) 545-6240 FAX: (719) 576-1206 (719) 545-6247 http://ejsurveying.com EXHIBIT B 2125490 12/12/2018 02:39:43 PM Page: 4 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder. Puebla County Co Eli Mir:PAM;147.411111.M iiil.knrill IF r,I E 1.0 1,4, NI II I LOT 12 BLOCK 3 POINT OF BEGINNING c M SIAZ N AI' Cti/ % 74°2g, p POINT OF z o 0 �pi�S/ , *I -$46 83 v1/ COMMENCEMENT w >w U Er 4!/ EASEMENT,mw __ LOT1 ` 14,940 SF 441 CA ---, BLOCK4 \ 0.343 AC % tc1 --- J>317.9 % ST. GLAIR A VE -0 Sj � �\ UNPLATrED (SO'R.O.hl) LI, pa $0 ` LOT 1 BLOCK 3 d=44°01'41" LOT9 LOT9 PROPOSED c R=$2.001 REGENCY CREST o r- L=39.96 SUBDIVISION,FILING NO.11 w z LOT 8 oO ALMONLOT8 > Z yoDCRES (60,RTCr .O.W) z 2 acluJ LOT 7 cr LOT 7 LOT 16 BLOCK2 Q O LOT6 LOT6 LOT 15 a /i LOT 5 LOTS LOT 14 Cti BLOCK 4 EASEMENT EASEMENT FOR DRAINAGE AREA=14,940 SQUARE FEET OR 0.343 ACRES N I 0 50' 100' 200' SCALE: 1'=100' 0 EDWARD-JAMES SURVEYING, INC. 926 Elkton Dr. 4732 Eagleridge Circle THIS DRAWING DOES NOT REPRESENT A Colorado Springs,CO 80907 Pueblo,Co 81008 MONUMENTED LAND SURVEY AND IS ONLY (719)576-1216 (719)545-6240 INTENDED TO DEPICT THE LEGAL DESCRIPTION. 08/16/2018 JOB NO. 1156-08 SHEET 2 OF 2