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;
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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.
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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-
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04 _ 01 , dent City Council
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ATTEST: Ad
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`'2lck (,L'u . irI 11M1IIM
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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
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BLOCK 3
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LOT 1 I REGENCY CREST SUBDIVISION E O
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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
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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
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LOT 7 c I--___
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POINT OF TERMINUS LOT 7 m - Lu
FOR EASEMENT RELEASE I —I f I -(-)
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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
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Gilbert Ortiz Clerk/Recorder. Pueblo County. Co
2125484 12/12/2018 02:39:43 PM
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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
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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
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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
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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
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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
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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
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•
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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
•
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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