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Reception 2159275 11/15/2019 09:06:31 AM ORDINANCE NO. 9405 AN ORDINANCE APPROVING THE NORTH VISTA HIGHLANDS, FILING NO. 1 SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the North Vista Highlands, Filing No. 1, being a subdivision of land legally described as: A PARCEL OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 7 AND THE NORTH ONE-HALF OF SECTION 8, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6TH P.M. IN THE COUNTY OF PUEBLO AND STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE FOLLOWING LOTS AND BLOCKS IN THE FOUNTAIN LAKE SUBDIVISION ACCORDING TO THE RECORDED PLAT THEREOF, AS FILED FOR RECORD ON DECEMBER 12, 1888 IN PUEBLO COUNTY RECORDS ALL OF BLOCKS 1 THRU 9, BOTH INCLUSIVE; LOTS 1 THRU 3 AND LOTS 26 THRU 28, BOTH INCLUSIVE, BLOCK 10; LOTS 26 THRU 28, BOTH INCLUSIVE, BLOCK 12; LOTS 15 THRU 28, BOTH INCLUSIVE, BLOCK 13; ALL OF BLOCKS 14 THRU 28, BOTH INCLUSIVE; ALL OF BLOCKS 33 THRU 45, BOTH INCLUSIVE; LOTS 15 THRU 28, BOTH INCLUSIVE, BLOCK 51; ALL OF BLOCKS 52 THRU 54, BOTH INCLUSIVE; LOTS 1 THRU 7. LOTS 18 THRU 22, AND LOTS 28 THRU 34, BOTH INCLUSIVE, BLOCK 55; LOTS 15 THRU 28, BOTH INCLUSIVE, BLOCK 56; LOTS 15 THRU 28, BOTH INCLUSIVE, BLOCK 57; ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS IS THE EAST LINE OF THE NORTHEAST ONE- QUARTER OF SECTION 8, MONUMENTED ON THE NORTH WITH A 2 '/2" ALUMINUM CAP STAMPED WITH P.L.S. NO. 16128 AND MONUMENTED ON THE SOUTH WITH A FOUND AXLE WITH NO MARKS, TO BEAR N. 01°25'55" E. AND ALL BEARINGS BEING RELATIVE THERETO. 2159275 11/15/2019 09:06:31 AM Page: 2 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder Pueblo County. Co liII Mi1R'� i'I '�k'� .�lied 11:lhlr�iW�h 11111 BEGINNING AT THE SOUTHEAST CORNER OF THE NE 1/4 OF SAID SECTION 8; THENCE S. 88°02'18" W. ALONG SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 8 AND THE NORTH BOUNDARY LINE OF WALKING STICK VISTA, FILING NO. 1 ACCORDING TO THE RECORDED PLAT THEREOF FILED FOR RECORD ON APRIL 15, 2008 AT RECEPTION NO. 1765211 IN THE RECORDS OF PUEBLO COUNTY RECORDER, A DISTANCE OF 2,657.70 FEET TO THE CENTER CORNER OF SAID SECTION 8; THENCE S. 88°03'11" W. ALONG SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 8 AND THE NORTH BOUNDARY LINE OF SAID WALKING STICK VISTA, FILING NO. 1, A DISTANCE OF 2,660.32 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 7 AND THE NORTHWEST CORNER OF SAID WALKING STICK VISTA, FILING NO. 1; THENCE S. 89°30'31" W. ALONG SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 7, A DISTANCE OF 1,315.80 FEET; THENCE N. 01°07'27"W., A DISTANCE OF 529.76 FEET; THENCE N. 88°52'33" E., A DISTANCE OF 571.55 FEET; THENCE N. 01°07'27" W., A DISTANCE OF 137.76 FEET; THENCE N. 88°52'33" E., A DISTANCE OF 420.11 FEET; THENCE N. 01°07'27" W., A DISTANCE OF 676.08 FEET; THENCE N. 88°52'33" E., A DISTANCE OF 439.65 FEET; THENCE N. 01°07'27" W., A DISTANCE OF 338.04 FEET; THENCE N. 88°52'33" E., A DISTANCE OF 840.22 FEET; THENCE N. 01°07'27"W., A DISTANCE OF 200.28 FEET; THENCE N. 88°52'33" E., A DISTANCE OF 420.11 FEET; THENCE N. 01°07'27" W., A DISTANCE OF 338.04 FEET; THENCE N. 88°52'33" E., A DISTANCE OF 962.34 FEET; THENCE S. 01°07'27" E., A DISTANCE OF 200.29 FEET; THENCE N. 88°52'33" E., A DISTANCE OF 116.33 FEET; THENCE N. 01°07'27" W., A DISTANCE OF 338.04 FEET; THENCE N. 88°52'33" E., A DISTANCE OF 828.87 FEET; THENCE S. 46°47'43" E., A DISTANCE OF 143.71 FEET; THENCE S. 06°20'38" E., A DISTANCE OF 189.00 FEET; THENCE S. 38°18'22" E., A DISTANCE OF 31.59 FEET; THENCE N. 41°04'03" E., A DISTANCE OF 183.83 FEET; THENCE S. 44°42'07" E., A DISTANCE OF 192.63 FEET; THENCE N. 48°45'34" E., A DISTANCE OF 140.33 FEET; THENCE S. 47°19'33" E., A DISTANCE OF 60.18 FEET; THENCE S. 80°14'09" E., A DISTANCE OF 353.32 FEET; THENCE S. 21°48'49" E., A DISTANCE OF 156.29 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 565.00 FEET AND WHOSE CENTER BEARS S. 15°35'48" W., A DISTANCE OF 535.12 FEET; THENCE S. 67°11'28" E., A DISTANCE OF 313.09 FEET; THENCE S. 78°19'02" E., A DISTANCE OF 137.36 FEET; THENCE N. 44°03'42" E., A DISTANCE OF 196.76 FEET; THENCE S. 64°11'31" E., A DISTANCE OF 239.77 FEET TO THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 8; THENCE S. 01°25'55" W. ALONG THE SAID EAST LINE OF THE NORTHEAST QUARTER OF SECTION 8, A DISTANCE OF 1,330.76 FEET TO THE SOUTHEAST CORNER OF THE SAID NORTHEAST ONE- QUARTER OF SECTION 8 AND THE POINT OF BEGINNING. CONTAINING 259.33 ACRES, MORE OR LESS. 2159275 11/15/2019 09:06:31 AM Page: 3 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 11111 ildP'IltHNIMLliyl�M�r'1Ijl'1 �h �IIII attached hereto, is hereby approved. All dedicated streets, utility and drainage easements, rights-of-way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The acceptance of such dedicated streets, rights-of-way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights-of-way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this Ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this Ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this Ordinance or in the City's subdivision Ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. SECTION 4. The officers and staff of the City are 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. The subdivision is approved with the following conditions: 1. Per 4.1 of the PUD Development Guide, the Homeowner's Association must be created with this first subdivision. Provide a copy of the covenants, building restrictions, etc for review and approval by Staff to verify the covenants and building restrictions are compatible with the Development Guide prior to the Subdivision Plat being recorded. 2. Trail and park improvements must be included in the Subdivision Improvements Agreement prior to the Subdivision Plat being recorded. 2159275 11/15/2019 09:06:31 AM Page: 40 4 R 28. 0.00 11 28. 0 Gilbert Ortofiz Clerk/Recorder00 D ; Pueblo Cou0nty: Co 1111 '1 fgIll%�I��r Lir UMW i i 11111 3. All drainage areas that will be used as open space must comply with the requirements of 7.7.3.3 including a., b. and c of the PUD Development Guide prior to the Subdivision Plat being recorded. 4. Provide a final drainage report and plan for review and approval by the Stormwater Department prior to the Subdivision Plat being recorded. See attached memorandum dated December 3, 2018 from M. Turner, Drainage Engineer. SECTION 6. This Ordinance shall be approved upon final passage but shall not become effective until: (a) the specific conditions set forth in the above section 5 have been satisfied; (b) 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 (c) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant to Section 12-4-5(b)(2) of the Pueblo Municipal Code, and are not for any reason filed and approved within one (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes effective. ;0' 4. o.Q\INTRODUCED: January 14, 2019 tv t1 i�jir C.•Y: Ed Brown ME 4:E' tiF CITY COUNCIL J Il i \ TI ° / PPROVED : 71q/r ~-"Q PRE ID NT OF CITY COUNCIL TO ATTESTED B : !L � . . „— ACTING CITY CLERK PASSED AND APPROVED: Tan„ary 9R, 7n1 9 Reception 2159277 11/15/2019 09:06:31 AM SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on Nu,/ 1 0-111 , ,between the CITY OF PUEBLO,a Municipal Corporation("City"), and Sprout Tiny Homes,LLC,a Colorado Limited Liability Company, Rod Stambaugh,Managing Member ("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 North Vista Highlands,Filing No.1 ("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 2159277 11/15/2019 09:06:31 AM Page: 2 of 25 R 133.00 D 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co VIII W iliac r'tiIai•.'I IMIriair«nI',F110111 h 111111 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 2159277 11/15/2019 09:06:31 AM Page: 3 of 25 R 133.00 D 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co Km,duly). 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 2159277 11/15/2019 09:06:31 AM Page: 4 of 25 R 133.00 D 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder Pueblo County, Co 1111 R «��I ��:��i1L�1LrrI ��M l �I II Works, Subdivider and the subdivided land shall remain liable and responsible for all Required Public Improvements. 10. For purposes of this Agreement,the"block"shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front,to the rear property line of such lots,or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots and shall include the full width of all streets upon which such lots abut. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage facilities,stormwater detention facilities,or maintenance and restoration of adjacent drainage channels, and/or associated improvements and revegetation (the"facilities"), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefore approved by,and on file with the City, and thereafter,the facilities shall be repaired,replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right(but not the obligation)to inspect, control,repair, replace and maintain the facilities and to recover all costs and expenses therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain,or replace the facilities shall not subject the City to any liability for such failure. 12. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear,the holder of such indebtedness or encumbrance shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions. 13. The City or the purchaser of any lot(s)within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot(s)or tract(s)contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation arising out of this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. Venue for any such litigation shall be Pueblo County, Colorado. 14. City and Subdivider have attempted by the attached Exhibit"B"and Plans and Documents to describe all Required Public Improvements to be constructed and DPW 101 4 May 2009 2159277 11/15/2019 09:06:31 AM Page: 5 of 25 R 133.00 D 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder. Pueblo County, Co Till NF1RRNT''INN I#,�'PIA.I4RFJ 1,151.0141 4,1 14, 11111 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 2159277 11/15/2019 09:06:31 AM Page: 6 of 25 R 133.00 D 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder. Pueblo County. Co 11111 Eli 11111 16. All Required Public Improvements shall be constructed and installed in compliance with all applicable standards and specifications approved by City Council. 17. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. 18. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors,assigns and legal representatives of Subdivider, and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as described above. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. Sprout Tiny Homes,LLC, : Colora Limited Liability Company Subdiv (SEAL) By:Rod Stambaugh, naging Me ber The foregoing instrument was acknowledged before me on '7 Hh4&y O c���$E� 2014 , by ,got, STAmAAUG-H ,Subdivider. My commission expires: /}uc-utir 25,2c?'ZI DANIEL J.ACKERMAN Notary Public NOTARY PUBLIC STATE OF COLORADO CITY OF PUEBLO, . • u' cipal Co..soration NOTARY ID 20174035108 COMMISSION EXPIRES AUG.25,2021 /// A EST: - . 1 c r�;, �;� —11L. '1 .L1� "4 't City Clerk �7%% t1. y,es str v cry STATE OF COLORADO )ss. COUNTY OF PUEBLO co0.0 H !'\ da The foregoing instrument was acknowledged before me this .\ y of IVbU olbe- " , ab rq by Tvy NW(npac4, DepurkMayor ,-as- , and 431e►�c�� 1-'1rry j 0 as City Cleofthe City of Pueblo,Colorado. Witness my hand and official seal. DPW 101 6 May 2009 2159277 11/15/2019 09:06:31 AM Page: 70 of 25 R 133.00 D 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder, Pueblo County; Co 111114!rj! i :C 'Ii 0111117.16101#k 1niiii4 Eli 11111 My 62 s Aires: U4 Jc 31;i $ NOTARY PUBLIC f� i/i STATE OF COLORADO C S E A EgTARY ID 20094005563 MY COMMISSION EXPIRL o,F E©RUARY 23,2021 Notary Public APPROVED AS TO FORM: /<70 City Attorney DPW 101 May 2009 2159277 11/15/2019 09:06:31 AM Page: 8 of 25 R 133.00 D 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ■III ��' �R141h'� Obig 111111 EXHIBIT A NORTH VISTA HIGHLANDS, FILING No. 1 LAND DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 7 AND THE NORTH ONE-HALF OF SECTION 8, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6TH P.M. IN THE COUNTY OF PUEBLO AND STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE FOLLOWING LOTS AND BLOCKS IN THE FOUNTAIN LAKE SUBDIVISION ACCORDING TO THE RECORDED PLAT THEREOF, AS FILED FOR RECORD ON DECEMBER 12, 1888 IN PUEBLO COUNTY RECORDS ALL OF BLOCKS 1 THRU 9, BOTH INCLUSIVE; LOTS 1 THRU 3 AND LOTS 26 THRU 28, BOTH INCLUSIVE, BLOCK 10; LOTS 26 THRU 28, BOTH INCLUSIVE, BLOCK 12; LOTS 15 THRU 28, BOTH INCLUSIVE, BLOCK 13; ALL OF BLOCKS 14 THRU 28, BOTH INCLUSIVE; ALL OF BLOCKS 33 THRU 45, BOTH INCLUSIVE; LOTS 15 THRU 28, BOTH INCLUSIVE, BLOCK 51; ALL OF BLOCKS 52 THRU 54, BOTH INCLUSIVE; LOTS 1 THRU 7. LOTS 18 THRU 22, AND LOTS 28 THRU 34, BOTH INCLUSIVE, BLOCK 55; LOTS 15 THRU 28, BOTH INCLUSIVE, BLOCK 56; LOTS 15 THRU 28, BOTH INCLUSIVE, BLOCK 57; ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS IS THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 8, MONUMENTED ON THE NORTH WITH A 2 1/2" ALUMINUM CAP STAMPED WITH P.L.S. NO. 16128 AND MONUMENTED ON THE SOUTH WITH A FOUND AXLE WITH NO MARKS, TO BEAR N. 01°25'55" E. AND ALL BEARINGS BEING RELATIVE THERETO. BEGINNING AT THE SOUTHEAST CORNER OF THE NE 1/4 OF SAID SECTION 8; THENCE S. 88°0218" W. ALONG SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 8 AND THE NORTH BOUNDARY LINE OF WALKING STICK VISTA, FILING NO. 1 ACCORDING TO THE RECORDED PLAT THEREOF FILED FOR RECORD ON APRIL 15, 2008 AT RECEPTION NO. 1765211 IN THE RECORDS OF PUEBLO COUNTY RECORDER, A DISTANCE OF 2,657.70 FEET TO THE CENTER CORNER OF SAID SECTION 8; THENCE S. 88°03'11"W. ALONG SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 8 AND THE NORTH BOUNDARY LINE OF SAID WALKING STICK VISTA, FILING NO. 1, A DISTANCE OF 2,660.32 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 7 AND THE Page 1 of 2 2159277 11/15/2019 09:06:31 AM Page: 9 of 25 R 133.00 D 0.00 T 133.00 Gilbe.■frlt Ortiz lrNk/Recorder',' PuMblo CoLun1t�y■n, rC■ro 1111 Ili�� 11 ■ I I��11■II�11 � 11 Li 11111 NORTHWEST CORNER OF SAID WALKING STICK VISTA, FILING NO. 1; THENCE S. 89°30'31"W. ALONG SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 7, A DISTANCE OF 1,315.80 FEET; THENCE N. 01°07'27"W., A DISTANCE OF 529.76 FEET; THENCE N. 88°52'33" E., A DISTANCE OF 571.55 FEET; THENCE N. 01°07'27"W., A DISTANCE OF 137.76 FEET; THENCE N. 88°52'33" E., A DISTANCE OF 420.11 FEET; THENCE N. 01°07'27" W., A DISTANCE OF 676.08 FEET; THENCE N. 88°52'33" E., A DISTANCE OF 439.65 FEET; THENCE N. 01°07'27" W., A DISTANCE OF 338.04 FEET; THENCE N. 88°52'33" E., A DISTANCE OF 840.22 FEET; THENCE N. 01°07'27" W., A DISTANCE OF 200.28 FEET; THENCE N. 88°52'33" E., A DISTANCE OF 420.11 FEET; THENCE N. 01°07'27" W., A DISTANCE OF 338.04 FEET; THENCE N. 88°52'33" E., A DISTANCE OF 962.34 FEET; THENCE S. 01°07'27" E., A DISTANCE OF 200.29 FEET; THENCE N. 88°52'33" E., A DISTANCE OF 116.33 FEET; THENCE N. 01°07'27"W., A DISTANCE OF 338.04 FEET; THENCE N. 88°52'33" E., A DISTANCE OF 828.87 FEET; THENCE S. 46°47'43" E., A DISTANCE OF 143.71 FEET; THENCE S. 06°20'38" E., A DISTANCE OF 189.00 FEET; THENCE S. 38°18'22" E., A DISTANCE OF 31.59 FEET; THENCE N. 41°04'03" E., A DISTANCE OF 183.83 FEET; THENCE S. 44°42'07" E., A DISTANCE OF 192.63 FEET; THENCE N. 48°45'34" E., A DISTANCE OF 140.33 FEET; THENCE S. 47°19'33" E., A DISTANCE OF 60.18 FEET; THENCE S. 80°14'09" E., A DISTANCE OF 353.32 FEET; THENCE S. 21°48'49" E., A DISTANCE OF 156.29 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 565.00 FEET AND WHOSE CENTER BEARS S. 15°35'48" W., A DISTANCE OF 535.12 FEET; THENCE S. 67°11'28" E., A DISTANCE OF 313.09 FEET; THENCE S. 78°19'02" E., A DISTANCE OF 137.36 FEET;THENCE N. 44°03'42" E., A DISTANCE OF 196.76 FEET; THENCE S. 64°11'31" E., A DISTANCE OF 239.77 FEET TO THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 8; THENCE S. 01°25'55" W. ALONG THE SAID EAST LINE OF THE NORTHEAST QUARTER OF SECTION 8, A DISTANCE OF 1,330.76 FEET TO THE SOUTHEAST CORNER OF THE SAID NORTHEAST ONE-QUARTER OF SECTION 8 AND THE POINT OF BEGINNING. CONTAINING 259.33 ACRES, MORE OR LESS. Page 2 of 2 2159277 11/15/2019 09:06:31 AM Page: 10 of 25 R 133.00 D 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co gill �l�lf���L�lleiHr'hlt�'w�.l�ihilli i FA:OWN! 11 II SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" PHASE 1 SUBDIVISION NAME: North Vista Highlands, Filing No. 1 1700901 DEVELOPER: Sprout Tiny Homes, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Walking Stick Boulevard (half) STREETS 5.5" Asphalt over 11" Base Course 2200 SY @ $31.00 /SY = $68,200 Curb and Gutter 1700 LF @ $12.00 /LF = $20,400 ADA Ramp 360 SF @ $4.00 /SF $1,440 Square Pan Radius 110 SF @ $5.00 /SF $550 Tactile bands 6 EA @ $350.00 /EA $2,100 Sidewalk 5200 SF @ $3.00 /SF = $15,600 WATER 8" PVC Water Main 1000 LF @ $47.50 /LF = $47,500 Fire Hydrant Ass'y (1 Existing) 1 EA @ $3,250.00 /EA = $3,250 Blow Off Assembly 1 EA $1,800.00 /EA $1,800 STORM SEWER: 15" RCP 6 LF @ $38.00 /LF = $228 36" RCP 460 LF @ $71.00 /LF = $32,660 60" Manhole 1 EA @ $2,465.00 /EA = $2,465 Type R inlet L=9' 2 EA @ $3,840.00 /EA = $7,680 SANITARY SEWER: 8" PVC Sanitary Sewer 42 LF @ $35.00 /LF = $1,470 STREET LIGHTS 6 EA @ $1,450.00 /EA = $8,700 MONUMENTS City Right-of-Way Monuments 2 EA @ $655.00 /EA = $1,310 TRAFFICCONTROL AND SIGNAGE B-1 • 2159277 11/15/2019 09:06:31 AM Page: 11 of 25 R 133.00 DP 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co VIII 14�i�.rL'�4��L�k11emr Epoxy (lane Lines-collectors) 2900 L.F. @ $1.35 /L.F = $3,915 SUBTOTAL $226,213, Vision Hills Parkway (half) STREETS 7" Asphalt over 16" Base Course 2900 SY @ $41.00 /SY = $118,900 Curb and Gutter 1150 LF @ $12.00 /LF = $13,800 ADA Ramp 120 SF @ $4.00 /SF $480 Tactile bands 2 EA @ $350.00 /EA $700 Sidewalk 6900 SF @ $3.00 /SF = $20,700 WATER 8" PVC Water Main 980 LF @ $47.50 /LF = $46,550 Blow Off Assembly 1 EA $1,800.00 /EA $1,800 STORM SEWER: 24" RCP 110 LF @ $44.00 /LF = $4,840 Type R inlet L=9' 1 EA @ $3,840.00 /EA = $3,840 SANITARY SEWER: 8" PVC Sanitary Sewer 1150 LF @ $35.00 /L.F,= $40,250 48" Diameter Manholes 4 EA @ $2,500.00 /EA = $10,000 STREET LIGHTS 4 EA @ $1,450.00 /EA = $5,800 MONUMENTS City Right-of-Way Monuments 2 EA @ $655.00 /EA = $1,310 TRAFFIC CONTROL AND SIGNAGE T-Intersection (60' R-O-W) 2 EA @ $325.00 /EA = $650 Project and Road Closure Signage 1 LS $1,500.00 /LS $1,500 Barricades 4 EA @ $1,280.00 /EA = $5,120 PAVEMENT MARKINGS Epoxy (lane Lines-collectors) 3500 L.F. @ $1.35 /L.F = $4,725 SUBTOTAL 280,965, Fl Prinrinin flrivp B-2 2159277 11/15/2019 09:06:31 AM Page: 12 of 25 R 133.00 DP 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1111 l P1�L.4«Jl�l•vh:rig K1 111 i' .f !'1!,1 i Ili%iii 11111 Square Pan Radius 200 SF @ $5.00 /SF $1,000 Tactile bands 10 EA @ $350.00 /EA $3,500 Sidewalk 6500 SF @ $3.00 /SF = $19,500 WATER 8" PVC Water Main 665 LF @ $47.50 /LF = $31,588 Service 24 EA @ $900.00 /EA = $21,600 Fire Hydrant Ass'y (1 Existing) 2 EA @ $3,250.00 /EA = $6,500 Blow Off Assembly 1 EA $1,800.00 /EA $1,800 STORM SEWER: 15" RCP 170 LF @ $38.00 /LF = $6,460 42" RCP 580 LF @ $71.00 /LF = $41,180 60" Manhole 3 EA @ $2,465.00 /EA = $7,395 Type R inlet L=9' 2 EA @ $3,840.00 /EA = $7,680 Type R inlet L=3' 6 EA @ $2,740.00 /EA = $16,440 SANITARY SEWER: 8" PVC Sanitary Sewer 675 LF @ $35.00 /L.F = $23,625 48" Diameter Manholes 3 EA @ $2,500.00 /EA = $7,500 Service Line 24 EA @ $600.00 /EA = $14,400 STREET LIGHTS 6 EA @ $1,450.00 /EA = $8,700 MONUMENTS City Right-of-Way Monuments 2 EA @ $655.00 /EA = $1,310 TRAFFIC CONTROL AND SIGNAGk T-Intersection (60' R-O-W) 2 EA @ $325.00 /EA = $650 Barricades 1 EA @ $1,280.00 /EA = $1,280 PAVEMENT MARKINGS Epoxy (lane Lines-collectors) 2000 L.F. @ $1.35 /L.F = $2,700 SUBTOTAL $288,408 Cuchara Drive STREETS 4" Asphalt over 9" Base Course 2400 SY (1 $23.00 /SY = $55.200 B-3 2159277 11/15/2019 09:06:31 AM Page: 13 cf 25 R 133.00 D 0.00 T 133.00 Gilbert Ortiz ClerklRecoder, Pueblo County. Co 1111 ���'��IL11«fillrh�,lYr5l0;if,iIG4�.I''Iwirickyi, EN WATER 8" PVC Water Main 800 LF @ $47.50 /LF = $38,000 Service 8 EA @ $900.00 /EA = $7,200 Fire Hydrant Ass'y (1 Existing) 2 EA @ $3,250.00 /EA = $6,500 STORM SEWER: 15" RCP 45 LF @ $38.00 /LF = $1,710 18" RCP 34 LF @ $41.00 /LF = $1,394 36" RCP 370 LF @ $44.00 /LF = $16,280 60" Manhole 4 EA @ $2,465.00 /EA = $9,860 Type R inlet L=9' 5 EA @ $3,840.00 /EA = $19,200 SANITARY SEWER: 8" PVC Sanitary Sewer 620 LF @ $35.00 /L.F = $21,700 48" Diameter Manholes 2 EA @ $2,500.00 /EA = $5,000 Service Line 8 EA @ $600.00 /EA = $4,800 STREET LIGHTS 3 EA @ $1,450.00 /EA = $4,350 MONUMENTS City Right-of-Way Monuments 2 EA @ $655.00 /EA = $1,310 TRAFFIC CONTROL AND SIGNAGE T-Intersection (60' R-O-W) 3 EA @ $325.00 /EA = $975 PAVEMENT MARKINGS Epoxy (lane Lines-collectors) 2250 L.F. @ $1.35 /L.F = $3,038 SUBTOTAL $241,442 Cuchara Court STREETS 4" Asphalt over 9" Base Course 1000 SY @ $23.00 /SY = $23,000 Curb and Gutter 600 LF @ $12.00 /LF = $7,200 ADA Ramp 120 SF © $4.00 /SF $480 Square Pan Radius 110 SF © $5.00 /SF $550 Tactile bands 2 EA © $350.00 /EA $700 Sidewalk 3200 SF @ $3.00 /SF = $9,600 B-4 2159277 11/15/2019 09:06:31 AM Pae: 14 of 25 R 133.00 D 0.00 T 133.00 Gil ert Ortiz Clerk/Recorder, Pueblo County. Co 1111 rain IL 1,40�'� ��I � ��il'#ih h" 't ?�il�' 11 II 1 STORM SEWER: 36" RCP 316 LF @ $71.00 /LF = $22,436 60" Manhole 1 EA @ $2,465.00 /EA = $2,465 Type R inlet L=9' 1 EA @ $3,840.00 /EA = $3,840 Outfall Pipe 42" 100 LF @ $75.00 /LF = $7,500 SANITARY SEWER: 8" PVC Sanitary Sewer 316 LF @ $35.00 /L.F.= $11,060 48" Diameter Manholes 1 EA @ $2,500.00 /EA = $2,500 Service Line 9 EA @ $600.00 /EA = $5,400 STREET LIGHTS 1 EA @ $1,450.00 /EA = $1,450 MONUMENTS City Right-of-Way Monuments 1 EA © $655.00 /EA = $655 TRAFFIC CONTROL AND SIGNAGE T-Intersection (60' R-O-W) 1 EA @ $325.00 /EA = $325 PAVEMENT MARKINGS Epoxy (lane Lines-collectors) 960 L.F. @ $1.35 /LF = $1,296 SUBTOTAL $1271857 Plaza Oeste Circle STREETS 4" Asphalt over 9" Base Course 650 SY @ $23.00 /SY = $14,950 Curb and Gutter 375 LF @ $12.00 /LF = $4,500 ADA Ramp 300 SF @ $4.00 /SF $1,200 Square Pan Radius 275 SF @ $5.00 /SF $1,375 Tactile bands 5 EA © $350.00 /EA $1,750 Sidewalk 1800 SF @ $3.00 /SF = $5,400 WATER 8" PVC Water Main 200 LF @ $47.50 /LF = $9,500 Service 2 EA @ $900.00 /EA = $1,800 Fire Hydrant Ass'y (1 Existing) 0.5 EA @ $3,250.00 /EA = $1,625 SANITARY SEWER: B-5 2159277 11/15/2019 09:06:31 AM Page: 15 of 25 R 133.00 0 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder. Pueblo County. Co Mor rL'«i ��I�Itim M''�w1/41,141,Kim_ �i i ��II TRAFFIC CONTROL AND SIGNAGE T-Intersection (60' R-O-W) 1 EA @ $325.00 /EA = $325 PAVEMENT MARKINGS Epoxy (lane Lines-collectors) 600 L.F. @ $1.35 /L.F,= $810 SUBTOTAL $52,710 PHASE TOTAL: $1,217,594 B-6 • 2159277 11/15/2019 09:06:31 AM Page: 16 of 25 R 133.00 D 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co •III 11rdL ll.ii14iM1,1411��N,�fiF��l«�G 4 ��riin rc, IIIII SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" PHASE 2 SUBDIVISION NAME: North Vista Highlands, Filing No. 1 1700901 DEVELOPER: Sprout Tiny Homes, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Cuchara Drive STREETS 4" Asphalt over 9" Base Course 6300 SY @ $23.00 /SY = $144,900 Curb and Gutter 3850 LF @ $12.00 /LF = $46,200 ADA Ramp 1320 SF @ $4.00 /SF $5,280 Square Pan Radius 330 SF @ $5.00 /SF $1,650 Tactile bands 22 EA @ $350.00 /EA $7,700 Sidewalk 19250 SF @ $3.00 /SF = $57,750 WATER 8" PVC Water Main 2000 LF @ $47.50 /LF = $95,000 Service 22 EA © $900.00 /EA = $19,800 Fire Hydrant Ass'y (1 Existing) 4 EA @ $3,250.00 /EA = $13,000 Blow Off Assembly 2 EA $1,800.00 /EA $3,600 STORM SEWER: 15" RCP 110 LF @ $38.00 /LF = $4,180 18" RCP 90 LF @ $41.00 /LF = $3,690 24" RCP 960 LF @ $44.00 /LF = $42,240 60" Manhole 6 EA @ $2,465.00 /EA = $14,790 Type R inlet L=9' 9 EA @ $3,840.00 /EA = $34,560 SANITARY SEWER: 8" PVC Sanitary Sewer 1600 LF @ $35.00 /L.F = $56,000 48" Diameter Manholes 7 EA @ $2,500.00 /EA = $17,500 Service Line 22 EA @ $600.00 /EA = $13,200 STREET LIGHTS 8 EA @ $1,450.00 /EA = $11,600 6-7 ' 2159277 11/15/2019 09:06.31 AM Page: 17 of 25 R 133.00 D 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder Pueblo County, Co VIII Kfili�.� I sil , 'cilli lt'kiliN If iJ�Il��' '' iki 11111 Project and Road Closure Signage 1 LS $1,500.00 /LS $1,500 Barricades 4 EA @ $1,280.00 /EA = $5,120 PAVEMENT MARKINGS Epoxy (lane Lines-collectors) 5900 L.F. @ $1.35 /L.F = $7,965 SUBTOTAL $611,140 Conejos Place STREETS 4" Asphalt over 9" Base Course 1800 SY @ $23.00 /SY = $41,400 Curb and Gutter 1200 LF @ $12.00 /LF = $14,400 ADA Ramp 120 SF @ $4.00 /SF $480 Square Pan Radius 110 SF @ $5.00 /SF $550 Tactile bands 2 EA @ $350.00 /EA $700 Sidewalk 5000 SF @ $3.00 /SF = $15,000 WATER 8" PVC Water Main 560 LF @ $47.50 /LF = $26,600 Service 15 EA @ $900.00 /EA = $13,500 Fire Hydrant Ass'y 2 EA @ $3,250.00 /EA = $6,500 SANITARY SEWER: 8" PVC Sanitary Sewer 565 LF @ $35.00 /L.F = $19,775 48" Diameter Manholes 1 EA © $2,500.00 /EA = $2,500 Service Line 15 EA @ $600.00 /EA = $9,000 STREET LIGHTS 3 EA © . $1,450.00 /EA = $4,350 TRAFFIC CONTROL AND SIGNAGE T-Intersection (60' R-O-W) 1 EA @ $325.00 /EA = $325 PAVEMENT MARKINGS Epoxy (lane Lines-collectors) 1800 L.F. @ $1.35 /L.F = $2,430 SUBTOTAL f157,510 La Jara Drive STRFFTS B-8 2159277 11/15/2019 09:06:31 AM Page: 18 of 25 R 133.00 D 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 11111 Miral�'T:Lillrib'IlGLNlii ii'i���J ��Y'I.C.1LC'ii'ri III 111 Tactile bands 6 EA @ $350.00 /EA $2,100 Sidewalk 5500 SF @ $3.00 /SF = $16,500 WATER 8" PVC Water Main 565 LF @ $47.50 /LF = $26,838 Fire Hydrant Ass'y 1 EA @ $3,250.00 /EA = $3,250 STORM SEWER: 15" RCP 100 LF @ $38.00 /LF = $3,800 18" RCP 210 LF @ $41.00 /LF = $8,610 21" RCP 305 LF @ $44.00 /LF = $13,420 60" Manhole 2 EA @ $2,465.00 /EA = $4,930 Type R inlet L=9' 2 EA @ $3,840.00 /EA = $7,680 SANITARY SEWER: 8" PVC Sanitary Sewer 565 LF @ $35.00 /L.F = $19,775 48" Diameter Manholes 1 EA @ $2,500.00 /EA = $2,500 STREET LIGHTS 3 EA @ $1,450.00 /EA = $4,350 MONUMENTS City Right-of-Way Monuments 1 EA @ $655.00 /EA = $655 TRAFFIC CONTROL AND SIGNAGE T-Intersection (60' R-O-W) 3 EA @ $325.00 /EA = $975 PAVEMENT MARKINGS Epoxy (lane Lines-collectors) 1700 L.F. @ $1.35 /L.F = $2,295 SUBTOTAL $174,428 Antonito Way STREETS 4" Asphalt over 9" Base Course 1200 SY @ $23.00 /SY = $27,600 Curb and Gutter 750 LF @ $12.00 /LF = $9,000 ADA Ramp 240 SF @ $4.00 /SF $960 Square Pan Radius 220 SF @ $5.00 /SF $1,100 Tactile bands 6 EA @ $350.00 /EA $2,100 Sidewalk 3750 SF e $3.00 /SF = 111.250 B-9 2159277 11/15/2019 09:06:31 AM Page: 19 of 25 R 133.00 D 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co �J����4�'tLI �M�i7 :11k 11111 8" PVC Sanitary Sewer 320 LF @ $35.00 /L.F = $11,200 48" Diameter Manholes 2 EA @ $2,500.00 /EA = $5,000 STREET LIGHTS 2 EA @ $1,450.00 /EA = $2,900 MONUMENTS City Right-of-Way Monuments 2 EA @ $655.00 /EA = $1,310 TRAFFIC CONTROL AND SIGNAGE T-Intersection (60' R-O-W) 2 EA @ $325.00 /EA = $650 PAVEMENT MARKINGS Epoxy (lane Lines-collectors) 1150 L.F. @ $1.35 /L.F.= $1,553 SUBTOTAL $93,148 PHASE TOTAL: $1,036,225 B-10 2159277 11/15/2019 09:06:31 AM Pagge: 20 of 25 R 133.00 DP 0.00 Cou133.00 Gilbert Ortiz ClerklRecorder; 1 ,�1I v'64PL'%), II 11� SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" PHASE 3 SUBDIVISION NAME: North Vista Highlands, Filing No. 1 1700901 DEVELOPER: Sprout Tiny Homes, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. El Principio Drive STREETS 4" Asphalt over 9" Base Course 3200 SY @ $23.00 /SY = $73,600 Curb and Gutter 2100 LF @ $12.00 /LF = $25,200 ADA Ramp 700 SF @ $4.00 /SF $2,800 Square Pan Radius 130 SF @ $5.00 /SF $650 Tactile bands 10 EA @ $350.00 /EA $3,500 Sidewalk 10500 SF @ $3.00 /SF = $31,500 WATER 8" PVC Water Main 1085 LF @ $47.50 /LF = $51,538 Service 37 EA @ $900.00 /EA = $33,300 Fire Hydrant Ass'y (1 Existing) 2 EA @ $3,250.00 /EA = $6,500 Blow Off Assembly 1 EA $1,800.00 /EA $1,800 STORM SEWER: 15" RCP 32 LF @ $38.00 /LF = $1,216 21 30" RCP 640 LF @ $44.00 /LF = $28,160 36" RCP 300 LF @ $71.00 /LF = $21,300 60" Manhole 4 EA @ $2,465.00 /EA = $9,860 Type R inlet L=9' 4 EA @ $3,840.00 /EA = $15,360 SANITARY SEWER: 8" PVC Sanitary Sewer 1085 LF @ $35.00 /L.F = $37,975 48" Diameter Manholes 3 EA @ $2,500.00 /EA = $7,500 Service Line 38 EA @ $600.00 /EA = $22,800 STREET LIGHTS 5 EA @ $1,450.00 /EA = $7,250 B-11 2159277 11/15/2019 09:06:31 AM Page: 21 a 5 R 133.00 DP 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder, Pueblc C4/Iiiiiitiati11111 . C lisilt 1� legtP 101111 T-Intersection (60' R-O-W) 4 EA @ $325.00 /EA = $1,300 Barricades 1 EA @ $1,280.00 /EA = $1,280 PAVEMENT MARKINGS Epoxy (lane Lines-collectors) 3250 L.F. @ $1.35 /L.F = $4,388 SUBTOTAL $390,086 Antonito Way STREETS 4" Asphalt over 9" Base Course 720 SY @ $23.00 /SY = $16,560 Curb and Gutter 450 LF @ $12.00 /LF = $5,400 ADA Ramp 140 SF @ $4.00 /SF $560 Square Pan Radius 130 SF @ $5.00 /SF $650 Tactile bands 2 EA @ $350.00 /EA $700 Sidewalk 2250 SF @ $3.00 /SF = $6,750 WATER 8" PVC Water Main 165 LF @ $47.50 /LF = $7,838 Service EA @ $900.00 /EA = $0 SANITARY SEWER: 8" PVC Sanitary Sewer 190 LF @ $35.00 /L.F = $6,650 48" Diameter Manholes 1 EA @ $2,500.00 /EA = $2,500 STREET LIGHTS 1 EA @ $1,450.00 /EA = $1,450 MONUMENTS City Right-of-Way Monuments 1 EA @ $655.00 /EA = $655 TRAFFIC CONTROL AND SIGNAGE T-Intersection (60' R-O-W) 1 EA @ $325.00 /EA = $325 PAVEMENT MARKINGS Epoxy (lane Lines-collectors) 690 L.F. @ $1.35 /L.F = $932 SUBTOTAL $50,969 PHASE TOTAL: $441,055 B-12 2159277 11/15/2019 09:06:31 AM Page: 22 of Per 5 R 133.00 D 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder. Pueblo County, Co BD Fill lid la!I �k�l �+�ti��� r ����'sIM 4111 II1 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" PHASE 4 SUBDIVISION NAME: North Vista Highlands, Filing No. 1 1700901 DEVELOPER: Sprout Tiny Homes, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Manassa Street STREETS 4"Asphalt over 9" Base Course 4600 SY @ $23.00 /SY = $105,800 Curb and Gutter 3000 LF @ $12.00 /LF = $36,000 ADA Ramp 240 SF @ $4.00 /SF $960 Square Pan Radius 55 SF @ $5.00 /SF $275 Tactile bands 4 EA @ $350.00 /EA $1,400 Sidewalk 15000 SF @ $3.00 /SF = $45,000 WATER 8" PVC Water Main 1500 LF @ $47.50 /LF = $71,250 Service 50 EA @ $900.00 /EA = $45,000 Fire Hydrant Ass'y(1 Existing) 4 EA @ $3,250.00 /EA = $13,000 STORM SEWER: 15" RCP 60 LF @ $38.00 /LF = $2,280 24" RCP 500 LF @ $44.00 /LF = $22,000 60" Manhole 3 EA @ $2,465.00 /EA = $7,395 Type R inlet L=9' 4 EA @ $3,840.00 /EA = $15,360 SANITARY SEWER: 8" PVC Sanitary Sewer 1500 LF @ $35.00 /L.F = $52,500 48" Diameter Manholes 5 EA @ $2,500.00 /EA = $12,500 Service Line 51 EA @ $600.00 /EA = $30,600 STREET LIGHTS 6 EA @ $1,450.00 /EA = $8,700 MONUMENTS City Right-of-Way Monuments 3 EA @ $655.00 /EA = $1,965 TRAFFIC CONTROL AND SIGNAGE T-Intersection (60' R-O-W) 2 EA @ $325.00 /EA = $650 PAVEMENT MARKINGS B-13 • 2159277 11/15/2019 09:06:31 AM Page: 23 of 5 R 133.00 D 0.00 T 133.00 ii bert ortiz Clerk/Recorder, Pueblo County Co II 1!r./12Il,��11011�h IN II" NI'iirL' F:PCI 1114 11 111 4"Asphalt over 9" Base Course 1000 SY @ $23.00 /SY = $23,000 Curb and Gutter 600 LF @ $12.00 /LF = $7,200 ADA Ramp 120 SF @ $4.00 /SF $480 Square Pan Radius 110 SF @ $5.00 /SF $550 Tactile bands 2 EA @ $350.00 /EA $700 Sidewalk 3200 SF @ $3.00 /SF = $9,600 WATER 8" PVC Water Main 300 LF @ $47.50 /LF = $14,250 Fire Hydrant Ass'y (1 Existing) 1 EA @ $3,250.00 /EA = $3,250 Blow Off Assembly 1 EA $1,800.00 /EA $1,800 STREET LIGHTS 2 EA @ $1,450.00 /EA = $2,900 MONUMENTS City Right-of-Way Monuments 1 EA @ $655.00 /EA = $655 TRAFFIC CONTROL AND SIGNAGE T-Intersection (60' R-O-W) 2 EA @ $325.00/EA = $650 Project and Road Closure Signage 1 LS $1,500.00 /LS $1,500 Barricades 4 EA © $1,280.00 /EA = $5,120 PAVEMENT MARKINGS Epoxy(lane Lines-collectors) 960 L.F. @ $1.35 /L.F = $1,296 SUBTOTAL $72,951 Plaza Oeste Circle STREETS 4" Asphalt over 9" Base Course 650 SY @ $23.00 /SY = $14,950 Curb and Gutter 375 LF @ $12.00 /LF = $4,500 ADA Ramp 300 SF @ $4.00 /SF $1,200 Square Pan Radius 275 SF @ $5.00 /SF $1,375 Tactile bands 5 EA @ $350.00 /EA $1,750 Sidewalk 1800 SF @ $3.00 /SF = $5,400 WATER 8" PVC Water Main 200 LF © $47.50 /LF = $9,500 Service 2 EA @ $900.00 /EA = $1,800 B-14 2159277 11/15/2019 09:06:31 RM Page: 24 of 25 R 133.00 DP 0.00 T 133.00 Gilbert Ortiz ClerkfRecorder; Pueblo County., Co •III MIT u X1114 M+ ti�+rl I��� la Ilh'r,'Milli! 1I II 1 Fire Hydrant Ass'y (1 Existing) 0.5 EA @ $3,250.00 /EA = $1,625 SANITARY SEWER: 8" PVC Sanitary Sewer 195 LF @ $35.00 /L.F = $6,825 Service Line 2 EA © $600.00 /EA = $1,200 STREET LIGHTS 1 EA @ $1,450.00 /EA = $1,450 TRAFFIC CONTROL AND SIGNAGE T-Intersection (60' R-O-W) 1 EA @ $325.00 /EA = $325 PAVEMENT MARKINGS Epoxy (lane Lines-collectors) 600 L.F. @ $1.35 /L.F = $810 SUBTOTAL $52 710 Antonito Way STREETS 4" Asphalt over 9" Base Course 480 SY @ $23.00 /SY = $11,040 Curb and Gutter 300 LF @ $12.00 /LF = $3,600 ADA Ramp 100 SF © $4.00 /SF $400 Square Pan Radius 90 SF @ $5.00 /SF $450 Sidewalk 1500 SF @ $3.00 /SF = $4,500 WATER 8" PVC Water Main 220 LF @ $47.50 /LF = $10,450 Service 2 EA @ $900.00 /EA = $1,800 SANITARY SEWER: 8" PVC Sanitary Sewer 130 LF @ $35.00 /L.F = $4,550 48" Diameter Manholes 2 EA © $2,500.00 /EA = $5,000 Service Line 1 EA @ $600.00 /EA = $600 MONUMENTS City Right-of-Way Monuments 2 EA @ $655.00 /EA = $1,310 PAVEMENT MARKINGS Epoxy (lane Lines-collectors) 460 L.F. @ $1.35 /L.F = $621 SUBTOTAL $44,321 PHASE TOTAL: $648,692 PROJECT TOTAL: $3,343 566 B-15 2159277 11/15/2019 09:06:31 PM 4 Page: 25 of 25 R 133.00 D 0.00 T 133.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 111311WitIlalfrififiiiiiiiiiiEdilAKI11714, 111111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: North Vista Highlands, Filing No. 1 DEVELOPER: Sprout Tiny Homes, LLC, a Colorado Limited Liability Company ENGINEER: NorthStar Engineering and Surveying, Inc. This is an estimate only. Actual construction costs may vary. PREPARED BY: Kevin Petross FIRM: NorthStar Engineering and Surveying, Inc. The undersigned hereby certifies that(i)the Required Public Improvements shown hereon and the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the Subdivision by Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council, (ii)the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements and(ii)the unit prices shown hereon are the most current unit prices provided by the City of Pueblo. mss. .. [P.E. SEAL] �' 14, /I GI, Pr'e D, nal 'ntifz Date .$ ; 40 •r • g • � 1 \\°A,,.L c-rAC,;�,t.. REVIEWED BY: - 1qu,4� U // /¢ 20i Director of Public Wo s Date May 2009 DPW 101 B-16 Reception 2159278 11/15/2019 09:06:31 AM ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the 1\; V 20 ' , Subdivision Improvements Agreement for North Vista Highlands,Filing No.1 (herein the"Subdivision")and enforceable as provided in said Subdivision Improvements Agreement. 1. The Subdivider will develop the Subdivision in separate phases in the sequence described in the attached Exhibit"A'. 2. The Subdivider shall construct and install all Required Public Improvements in the manner and as described in the Subdivision Improvements Agreement needed and required to serve all lots within each Phase and in the sequence set forth in the attached Exhibit"A". 3. For purposes of determining the extent and timing of the Required Public Improvements, each Phase shall be considered as a separate subdivision. 4. After completion of all Required Public Improvements for any Phase and approval thereof by the Director of Public Works, the City will release the lots in that Phase from the Subdivision Improvements Agreement and this Addendum. 5. Any development of the Subdivision contrary to the phasing sequence set forth in paragraph 1 above without the prior written approval of the Director of Public Works ("Director") shall constitute a breach of the Subdivision Improvements Agreement and this Addendum and City may thereafter refuse to approve the issuance of building permits for construction within the Subdivision. 6. No modifications to the phasing sequence set forth in the attached Exhibit "A" shall be approved by the Director until (a) Subdivider's engineer certifies in writing that the requested modifications will not result in any lot in the Subdivision being inadequately served by required public improvements, (b) Subdivider furnishes title information satisfactory to the City showing all persons and entities having a recorded interest in all lots within the Subdivision ("Interested Parties"), and(c) all Interested Parties execute and acknowledge their consent to and approval of the modification to the phasing sequence in form and content approved by the City Attorney. 7. The Subdivision Improvements Agreement as amended by this Addendum shall remain in full force and effect and the covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and Subdivider and their respective heirs, personal representatives, successors, and assigns. Executed at Pueblo, Colorado, as of 0\-/ / 1 Sprout(Tiny Homes, LLC, a Colorado Limited Liability Company Subdivider DPW 103 1/6/04 Awl By CIA Lill Rid StambTgh, !nag g Member By STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 7 day of v'enis&e.,vik, by jf S-r-9r�,BHUf / , Subdivider. Witness my hand and official seal. My commission expires: /10&oe,-; Z51 2021 DANIEL J.ACKERMAN £ /J Z. S E A L NOTARY PUBLIC Notary Pub11 STATE OF COLORADO NOTARY ID 20174035108 COMMISSION EXPIRES AUG.25,2021 - CITY OF PUEBL• ; 145v-1:3.1'a- .\tea Munici•. --:. .- on e$ '4 llifflr •AdirAllrepr41\ ty \ ',',,/'',,, 4$ i. eir m A,y,r4.____ ,y 2159278 11/15/2019 09:06:31 AM Page: 2 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/Recorder; Pueblo County, Co ■III M!r rIIVI IIIO:«V IIICfI 1111:11,1.i111014,,6iiiiii, II it DPW 103 1/6/04 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"A" The Subdivider will develop the Subdivision in separate phases in the following sequence: (a) Phase I shall consist of the following lots within the Subdivision: Block 3, lots 1 through 4; Block 5, lots 1 through 8; Block 4, lots 1 through 12; Block 17, lots 1 through 13; Block 18, lots 1 through 4. (b) Phase II shall consist of the following lots within the Subdivision: Block 14, lots 1 through 7; Block 15, lots 1 through 14; Block 16, lots 1 through 7. (c) Phase Ill shall consist of the following lots within the subdivision: Block 11, lots 1 through 15; Block 12, lots 1 through 10; Block 13, lots 1 through 12. (d) Phase IV shall consist of the following lots within the subdivision: Block 1, lots 1 through 6; Block 2, lots 1 through 4; Block 6, lots 1 through 11; Block 7, lots 1 through 6; Block 8, lots 1 through 14; Block 9, lots 1 through 8; Block 10, lots 1 through 7. 2159278 11/15/2019 09:06:31 AM Page: 30 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/Pecorder. Pueblo County, Co •iii�1F���IIt�IVIV ���,�ti��a tih�,r��tal�����, 11111 DPW 103 1/6/04 City Clerk’s Office Item # R-7 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: January14, 2019 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 NORTH VISTA HIGHLANDS, FILING NO. 1 SUBDIVISION PLAT SUMMARY: This Ordinance creates a subdivision of approximately 259 acres generally located north of Walking Stick Vista and University Hills subdivisions with residential, mixed use, community, park land uses and several parcels for future development. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject site is a 259.33 acre multiple-parcel property that is located north of Walking Stick Vista, Filing 1 and University Hills Subdivision, Filing 1. The proposed subdivision splits the property into approximately 162 lots and 24 non-buildable parcels that will include single family dwellings, townhomes, and approximately 43,000 square feet of neighborhood retail space. The subdivision also includes approximately 4.6 acres of developed park, 7 acres of natural open space and a community center. With the subdivision, the applicant has also requested to vacate the undeveloped streets and alleys within a portion of the Fountain Lake Subdivision (case No. V-18-07). This subdivision will replat the vacated streets and alleys, as well as a portion of the existing lots in the Fountain Lake Subdivision. Several parcels, Parcels I, J, K and L are reserved for future development and will require future subdivision prior to developing or building upon these parcels. The remainder of the parcels are reserved for multiple uses including drainage, detention, access, pedestrian, landscape, trails and public utility purposes and are owned and maintained by either the Metro District or the Home Owners Association. FINANCIAL IMPLICATIONS: The approval of this subdivision plat will not have any immediate financial impact to the City. However, build out of this lot will require a higher level of City services (police, fire, etc.) than currently is provided to the vacant land parcel. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their December 12, 2018 Regular Meeting, voted 6-0 (Lujan-Slak absent) to recommend approval with the following conditions: 1. Per 4.1 of the PUD Development Guide, the Homeowner's Association must be created with this first subdivision. Provide a copy of the covenants, building restrictions, etc for review and approval by Staff to verify the covenants and building restrictions are compatible with the Development Guide prior to the Subdivision Plat being recorded. 2. On the dedication sheet, identify the number of acres to be dedicated as park land, and provide a note that the developer (HOA or Metro District) will be responsible for the improvements to the park. 3. Trail and park improvements must be included in the Subdivision Improvements Agreement prior to the Subdivision Plat being recorded. 4. All drainage areas that will be used as open space must comply with the requirements of 7.7.3.3 including a., b. and c of the PUD Development Guide prior to the Subdivision Plat being recorded. 5. Parcels B, O, Q, R, S, T, V and X must also be designated as trail easements. Include trail purposes to the parcels B, D, F, G, M, N, O, P, Q, R, S, T, U, V, W and X dedication statement. 6. Revise street names according to the attached memorandum dated 11/27/18 from D. Romines, GIS Coordinator. 7. Provide a final drainage report and plan for review and approval by the Stormwater Department prior to the Subdivision Plat being recorded. See attached memorandum dated December 3, 2018 from M. Turner, Drainage Engineer. Conditions of approval 2, 5 and 6. have been complied with by the applicant. Conditions 1, 3, 4 and 7 must be complied with prior to the subdivision being recorded. 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 December 12, 2018 Public Hearing Memorandum from the Department of Public Works Dated January 2, 2019 Planning and Zoning Commission Staff Report with Exhibits