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HomeMy WebLinkAbout09681Reception 2177689 05/11/2020 03:33:41 PM ORDINANCE NO. 9681 AN ORDINANCE APPROVING THE REGENCY CREST SUBDIVISION, FILING NO. 12 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Regency Crest Subdivision, Filing No. 12 being a subdivision of land legally described as: A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER 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 NORTHWESTERLY CORNER OF REGENCY CREST SUBDIVISION, FILING NO. 10 AS RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER 2052923; THENCE ON THE WESTERLY BOUNDARY LINE OF SAID REGENCY CREST SUBDIVISION, FILING NO. 10 THE FOLLOWING TEN (10) COURSES: 1. S01°47'01"W A DISTANCE OF 166.16 FEET; 2. S88°12'59"E A DISTANCE OF 12.61 FEET; 3. S01°47'01"W A DISTANCE OF 110.00 FEET; 4. S88°12'59"E A DISTANCE OF 9.84 FEET; 5. S27°19'06"W A DISTANCE OF 285.05 FEET; 6. S10°29'40"W A DISTANCE OF 69.46 FEET; 7. S80°32'29"E A DISTANCE OF 48.78 FEET; 8. S06°42'53"W A DISTANCE OF 101.56 FEET; 9. N87°23'29"W A DISTANCE OF 3.75 FEET; 10.S02°36'31"W A DISTANCE OF 167.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF ST. CLAIR AVENUE, AS PLATTED IN REGENCY CREST SUBDIVISION FILING 9 AND FILING 11, RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBERS 1974876 AND 2125486 RESPECTIVELY; THENCE ON SAID NORTHERLY RIGHT-OF-WAY OF ST. CLAIR AVENUE THE FOLLOWING TWO (2) COURSES: • 2177689 05/11/2020 03:33:41 PM Page: 2 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder.. Pueblo County, Co 1111 ErallIVI IIIAClil'ildiN fiN al,0iL01ii, 11111 1. N87°23'29"W A DISTANCE OF 81.26 FEET TO A POINT OF CURVE; 2. ON THE ARC OF A CURVE TO THE RIGHT, HAVING A DELTA OF 16°32'59", A RADIUS OF 560.00 FEET, AND A LENGTH OF 161.75 FEET TO THE NORTHWESTERLY CORNER OF SAID REGENCY CREST SUBDIVISION, FILING NO. 11; THENCE ON THE WESTERLY BOUNDARY OF SAID REGENCY CREST SUBDIVISION, FILING NO. 11, S19°09'30"W A DISTANCE OF 80.00 FEET TO THE NORTHWESTERLY CORNER OF LOT 1, BLOCK 2, SAID REGENCY CREST SUBDIVISION, FILING NO. 11; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 640.00 FEET, A CENTRAL ANGLE OF 27°03'36", WITH AN ARC LENGTH OF 302.26 FEET, WHOSE CHORD BEARS N57°18'42"W WITH A DISTANCE OF 299.46 FEET; THENCE N43°46'54"W A DISTANCE OF 59.96 FEET; THENCE S48°12'20"W A DISTANCE OF 6.64 FEET; THENCE N41°47'40"W A DISTANCE OF 104.00 FEET; THENCE N48°12'20"E A DISTANCE OF 10.16 FEET TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT, HAVING A DELTA OF 44°22'03", A RADIUS OF 948.00 FEET, AND A LENGTH OF 734.09 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4; THENCE ON SAID NORTH LINE, S88°12'59"E A DISTANCE OF 416.79 TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 435,310 SQUARE FEET OR 9.993 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 2177689 05/11/2020 03:33:41 PM Page: 3 of 4 R 28.00 D 0,00 1 28.00 Gilbert Ortiz C!erkiRecorder, Pueblo County Co 1111 111P.r ITHIVIIIa' Il1411111 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. This Ordinance shall be approved upon final passage but shall not become effective until: (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the Pueblo Municipal Code meeting and complying with the subdivision requirements of the City with such modifications, if any, approved by City Council, have been filed with and approved by the Director of Public Works, and (b) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant to Section 12-4-5(b)(2) of the Pueblo Municipal Code, and are not for any reason filed and approved within one (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes effective. SECTION 6. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on February 24, 2020. Final adoption of Ordinance by City Council on Marc /s 2.20 . il/iiru President of City Council 2177689 05/11/2020 03:33:41 PM Pag e:r t 40rntf z4Cl R k2.00 Dr0.0 0b11 o 28.00y Co 11111 Nil I P ,YLti i III Action by the Mayor: So Approved on -a,Qatj ❑ Disapproved on based on the following objections: .1.atitriatzereggiour Mayor Action by City Council After Disapproval by the Mayor: ❑ Council did not act to override the Mayor's veto. ❑ Ordinance re-adopted on a vote of , on ❑ Council action on failed to override the Mayor's veto. President of City Council ATTEST .c City Clerk 4 ` m e1 ox sx r a.r ^a, nrt: City Clerk’s Office Item # R-8 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: February 24, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE REGENCY CREST SUBDIVISION, FILING NO. 12 SUMMARY: The applicant is requesting to subdivide a previously un-subdivided 9.993-acre parcel into 35 single-family lots. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located north of St. Clair Avenue and west of Aspencrest Drive. The 35-lot subdivision will facilitate Domega Home’s single-family residential development with a density of 3.5 units per acre. The subdivision request has been submitted concurrently with the proposed rezoning. The subdivision area is located within Neighborhoods F2 and E2 of the 2018 Amended Regency Crest West Master Plan. The F2 and E2 Neighborhoods are reserved for single-family residential use which is consistent with Amended Regency Crest West Master Plan, approved by the City Planning and Zoning Commission on September 12, 2018. The conditions of approval from the Planning and Zoning Commission requiring minor modifications of the Subdivision Plat have been completed by the applicant. FINANCIAL IMPLICATIONS: The approval of this subdivision plat will not have any immediate financial impact to the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their November 13, 2019 Regular Meeting, voted 7-0 to recommend approval. 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. ALTERNATIVES: If City Council does not approve this Ordinance, the site will remain un-subdivided and impede development of the site. 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: Proposed Ordinance Minutes of the Planning and Zoning Commission November 13, 2019 Public Hearing Memorandum from the Department of Public Works Dated February 6, 2020 Planning and Zoning Commission Staff Report with Attachments and Exhibits Reception 2177691 05/11/2020 03:33:41 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. 12 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 6th day of February 2020 . Legacy Bank Cennpany Name RANDALL pHILLIP AR€LLANO JR NOTARY PUBLIC STATE OF COLORADO B \ i I (/1 NOTARY ID#20194038919 y• l✓// / MY COMMISSION EXPIRES OCT. 10,2023 / Title: Jo i y Sans ers, ice President STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 6th day of February , 2020 by Jody Sanders as Vice President of Legacy Bank My Commission Expires: 1 0/ ) 2-3 Cax....„" Notary Public DPW 107 02/05/02 Reception 2177692 05/11/2020 03:33:41 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. 12 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 6th day of February , 2020 . Legay Bank Company Name RANDALL PHILLIP ARELLANO JR NOTARY PUBLIC STATE OF COLORADO NOTARY ID#20194038919 ,` MY COMMISSION EXPIRES OCT. 10,2023 By' Title: Jod Sand rs, Vice P esident STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 6th day of February , 2020 by Jody Sanders as Vice President of Legacy Bank My Commission Expires: `"/ 0 "23 Notary Public DPW 107 02/05/02 Reception 2177693 05/11/2020 03:33:41 PM SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on January27 , 2020 , between the CITY OF PUEBLO, a Municipal Corporation ("City"), and Proctor Family Partnership No.2,LLLP ("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 12 ("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 2177693 05/11/2020 03:33:41 P11 Page: 2 of 11 R 63.00 D 0.00 T 63.00 Gilbert Ortiz Clerk/Recorder, Pueblo County• Co 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 2177693 05/11/2020 03:33:41 PM Page: 3 of 11 R 63.00 D 0.00 T 63.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co ■III I rjI14Il,L14N«'CI'0IO(l , UI 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 2177693 05/11/2020 03:33:41 PM Page: 40 of 11 R 63.00 D 0.00 T 63.00 Gilbert Ortiz Clerk/Recorder, Pueblo County: Co 11111 KOPP AlIl 'hillil L ,hl P.tlainthi"11,411111 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 2177693 05/11/2020 03:33:41 PM Page: 5 of 11 R 63.00 D 0.00 T 63.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co 111114 .rl I . tI1 . 1I 01 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 2177693 05/11/2020 03:33:41 PM • Gi7glbertage: 6Or tizlCler1 k/Reco Clerk/Recorder, Pueblo County Co VIIIi1Jk r i1:i4iti 111111 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. Proctor Family Partnership No.2,A Limited Liability Limited Partnership Subdivider (SEAL) By:CT Proctor General Partner The foregoing instrument was acknowledged before me on `?3. UCa t Joao by CT Proctor as a General Partner Proctor Family Partnership No.2,A Limited Liability Limited Partnership , Subdivider. My commission expires:CO- t3 t_ BRITTENY NICOLE FILBECK Notary Public NOTARY PUBLIC STATE OF COLORADO NOTARY ID#20174042748 CITY OF PUEBLO, a Municipal Corporation MY COMMISSION EXPIRES OCT.13,2021 By: _Arjlkrib,dCIIje4eqAb____ 'NEST: , nOtik *Lai t U 1ty Clerk , ,U \ c STATE OF COLORADO ) ,-y ) ss. o COUNTY OF PUEBLO ) , -- $ Tre foregoing instrument was acknowledged before me this day of 4rt 1 , by NI Glib Ict GraGi(SV , as !Awe' , and eietievto k Vr✓1l2 as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. DPW 101 6 May 2009 21776937 05/11/2020 03:33:41 PM Giilbert7Orfiz1ClerPk/RecordeDr,0Pueblo o3n00 Co VIII MOrditlIFPI:ihkhil'141 K1'k' '!1111'N/ill 11111 My carritiiMititiA6fres: OZ (d3 I NOTARY PUBLIC STATE OF i'"`'LORADO f Vulleg-a9 NOTARY ID 2o094005563 [ S YACIPA4ISSION EXPIRES FEBRUARY 23,2021 Notary Public APP' VE II AS TO 0• • I 11/1Ammeir'I._,-- Atm Nair i DPW 101 7 May 2009 EDWARD...IAMES SURVEYING, INC. May 30, 2019 Job No. 1156.09 Page 1 of 2 LEGAL DESCRIPTION (PROPOSED REGENCY CREST SUBDIVISION, FILING NO. 12) A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER 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 i 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 NORTHWESTERLY CORNER OF REGENCY CREST SUBDIVISION, FILING NO. 10 AS m i RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER 2052923;THENCE ON THE m c WESTERLY BOUNDARY LINE OF SAID REGENCY CREST SUBDIVISION, FILING NO. 10 THE FOLLOWING TEN 2,-lc (10)COURSES: ai-or 1. S01°47'01"W A DISTANCE OF 166.16 FEET; 2. S88°12'59"E A DISTANCE OF 12.61 FEET; mo 3. S01°47'01"W A DISTANCE OF 110.00 FEET; m 4. S88°12'59"E A DISTANCE OF 9.84 FEET; ma o 5. S27°19'06"W A DISTANCE OF 285.05 FEET; N 6. S10°29'40"W A DISTANCE OF 69.46 FEET; - 7. S80°32'29"E A DISTANCE OF 48.78 FEET; 8. S06°42'53"W A DISTANCE OF 101.56 FEET; :..0 9. N87°23'29"W A DISTANCE OF 3.75 FEET; N"N 10. S02°36'31"W A DISTANCE OF 167.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF ST. 6)o CLAIR AVENUE,AS PLATTED IN REGENCY CREST SUBDIVISION FILING 9 AND FILING 11, 01"37'11:.RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBERS 1974876 AND 2125486 RESPECTIVELY; - NO. THENCE ON SAID NORTHERLY RIGHT-OF-WAY OF ST. CLAIR AVENUE THE FOLLOWING TWO(2) COURSES: 1. N87°23'29"W A DISTANCE OF 81.26 FEET TO A POINT OF CURVE; 2. ON THE ARC OF A CURVE TO THE RIGHT, HAVING A DELTA OF 16°32'59",A RADIUS OF 560.00 FEET, AND A LENGTH OF 161.75 FEET TO THE NORTHWESTERLY CORNER OF SAID REGENCY CREST SUBDIVISION, FILING NO. 11; THENCE ON THE WESTERLY BOUNDARY OF SAID REGENCY CREST SUBDIVISION, FILING NO. 11, 519°09'30"W A DISTANCE OF 80.00 FEET TO THE NORTHWESTERLY CORNER OF LOT 1, BLOCK 2, SAID REGENCY CREST SUBDIVISION, FILING NO. 11;THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 640.00 FEET,A CENTRAL ANGLE OF 27°03'36",WITH AN ARC LENGTH OF 302.26 FEET,WHOSE CHORD BEARS N57°18'42"W WITH A DISTANCE OF 299.46 FEET;THENCE N43°46'55"W A DISTANCE OF 59.96 FEET;THENCE S48°12'20"W A DISTANCE OF 6.64 FEET;THENCE N41°47'40"W A DISTANCE OF 104.00 FEET; THENCE N48°12'20"E A DISTANCE OF 10.16 FEET TO A POINT OF CURVE;THENCE ON THE ARC OF A CURVE TO THE LEFT, HAVING A DELTA OF 44°22'03",A RADIUS OF 948.00 FEET,AND A LENGTH OF 734.09 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4;THENCE ON SAID NORTH LINE, S88°12'59"E A DISTANCE OF 416.79 TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 435,310 SQUARE FEET OR 9.993 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. i' %41 010100,. -f} o ,. ...._ ;" 8042 ,6 '+ .. . .NAL LP -ter` EDWARD R. FISHER, PROFESSIONAL LAND SURVEYOR COLORADO PLS NO. 38402 FOR AND ON BEHALF OF EDWARD-JAMES SURVEYING, INC. 926 ELKTON DRIVE 4732 EAGLERIDGE CIRCLE COLORADO SPRINGS, CO 80907 PUEBLO, CO. 81008 PHONE: (719) 576-1 216 FAx: (71 9) 576-1 206 PHONE: (71 9) 545-6240 FAX: (719) 545-6247 h t tp•//efs ur ve ving.coin 2177693 05/11/2020 03:33:41 PM PagGilbert il ert9OrotfizlCler1 R63.00 k/Reco Cle0.00 T rk/Recorder. PuebloCoun0t0 yCo • •l kirAlfill ielln Me VP Inrilil CinfikAityl 111111 EXHIBIT A I I I I I jI - - - -I I- --- - I I .T *CITY VIEW I SUBDIVISION SUBDIVISION* I I tl SUBDIVISION*CITY VIEW I- - - - - 2ND FILING* - -4 I I *CITY VIEW SUBDIVISION* orri III I I L l(NW/4 NW/4 SEC 4) - I i S88°12'59"E I BEGINNING (SW/4 NW/4 SEC 4) 416.79' I I - I 1 I I I I _ LOT THE LOT LCAES"'SF OWN V(TWIN T IS PARCEL ••"---•t° _ BOUNDARY ARE FOR VISUAL REFERENCE ° S88°1 2'59"—E ONLY AND MY NOT BE THE FINAL LIEZL STREET - 1 LOT AT THE TIME OF I 12'61' (60'R.O.W.) t SUBDIV)SION. `. -1._.__._..-"___._.,,. I I ' I I I I 1 *UNPLATTED* _.__ -- i II I I t I tS88°12'59"E 11 SO1°47'01"W 9.84' / /_ . 110.00' 4 I *REGENCY CREST SUBDIVISION, r a o o / i I FILING NO.10* N^) t'sc Dryer PROPOSED REGENCY CREST E \ / .qz a SUBDIVISION, FILING NO. 12 - I \ ' l/ r7 435,310 SF h I \ /44 s. / . 9.993 AC / 11 ti, w S At'''')' N48°12'20"E / 10.16' f S10°29'40"W / 69.46' -880°32'29"E / r ` `: f , 48.78' N41°47'40"W' / / .M..-....,. 104.00' .- 7 / r 1 t t / t ! I io M ) l / t to In I `•.... r N87°23'29"WI o v , 3.75' 0 59.96' , I _. / - BERRY CREST t ? (60'R.O.W.) 1 S48°12'20"W --1 r' i i 1 1 6.64' / l t I o M p S19°09'30"W / / i M `` ` p 80.00' I o 99• p? ° 81.26' (i)VPLATTED* 46' 6' pd"3 L-161 75' L -- C '4,. B" R_56D N87°23'29"W hgL8q 00' ST. CLAIR AVENUE NS) Op, a`16°32'59„ 78, (80'R.O.W.) 42„ *LOT 1,BLOCK 2 REGENCY CREST / I SUBDIVISION,FILING N0.11* ___H HALMON'DCRESTCT 1 (60'R.O.W.) T I --- ---I I - --1 ----, —*REGENCY CREST SUBDIVISION, I *REGENCY CREST SUBDIVISION, 1 FILING NO.11* I} FILING NO.9* t 1 r A I E~ _ _ , , , - ______, , ,i_____ , , ,____ _____, 0 75' 150' 300' 1 I SCALE: 1”=150' 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. 05/30119 JOB NO. 1156-09 SHEET 2 OF 2 • SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT"B" Subdivision Name: Regency Crest Subdivision,Filing No. 12 III Developer: The Proctor Family Partnership No.2,LLLP,A Colorado Limited Liability Limited Partnership mlml Engineer: Quentin N.Armijo, P.E. C Unit Description Quantity Units Unit Cost Cost m .,VI Street Improvements 1. Pavement* 2° 4"HMA on9"ABC ~U-. Liezl Street 1,141 SY $23.00 $26,252.10 a m o Y Berrycrest Drive 1,108 SY $23.00 $25,476.87 mm-� Throncrest Drive 1,930 SY $23.00 $44,398.56 vma M�� 5"HMA on9"ABC Saint Clair Avenue 1,612 SY $25.50 $41,098.95 tO0-2 Bandera Boulevard 3,535 SY $26.50 $93,671.79 m„� mCa Subtotal Pavement: $230,898.26 01 Nom" 2. Concrete -.'� Curb&Gutter -..-.0_, utteru,t.N_, Liezl Street 358 LF $12.00 $4,301.16 m o„ Berrycrest Drive 607 LF $12.00 $7,281.00 - Throncrest Drive 1,109 LF $12.00 $13,306.08 mmo ti Saint Clair Avenue 674 LF $12.00 $8,088.00ui 48"Manhole 1.00 EA $2,500.00 $2,500.00 • Bandera Boulevard — Water Quality Ponds 00 EA $7,500.00 $15,000.00 MI Subtotal Storm Drain $77,236.00 ,.,...-. jii Water Distribution lic 8"Main line Liezl Street 436 LF $47.50 $20,710.00 �'_ Berrycrest Drive 243 LF $47.50 $11,561.98 m rY Throncrest Drive 594 LF $47.50 $28,234.00 ,� Bandera Boulevard 750 LF $47.50 $35,625.00 'D 0 a Saint Clair Avenue 80 LF $47.50 $3,800.00 12"Main line LF $47.50 $3,562.50 d Bandera Boulevard v a s Saint Clair Avenue 365 LF $47.50 $17,337.50 20 ie Fire Hydrant Assembly = ..p EA $3,247.00 $0.00 `) ••a Liezl Street Thorncrest Drive 2 EA $3,247.00 $6,494.00 N� g Saint Clair Avenue 0 EA $3,247.00 $0.00 N�Y far Bandera Boulevard 3 EA $3,247.00 $9,741.00 L N N Q)..J Service Line ~~ S Liezl Street 9 EA $600.00 $5,400.00 N .N a 10 EA $600.00 $6,000.00 m o-' Berrycrest Drive ` Thorncrest Drive 16 EA $600.00 $9,600.00 Sr:0`= Subtotal Water Distribution: $158,065.98 ..iu N o+�_ Monument BoxesNO'" 1111 Liezl Street 1.00 EA $595.00 $595.00 Berrycrest Drive 2.00 EA $595.00 $1,190.00 Throncrest Drive 3.00 EA $595.00 $1,785.00 Bandera Boulevard 5.00 EA $595.00 $2,975.00 Saint Clair Avenue 1.00 EA $595.00 $595.00 Subtotal Monument Boxes: $7,140.00 Street Lights Liezl Street 1 EA $1,450.00 $1,450.00 Berrycrest Drive 2 EA $1,450.00 $2,900.00 Throncrest Drive 1 EA $1,450.00 $1,450.00 Saint Clair Avenue 1 EA $1,450.00 $1,450.00 Bandera Boulevard 4 EA $1,450.00 $5,800.00 Subtotal Street Lights: $13,050.00 Barricades 16'Barricade Bandera Boulevard 6 EA $940.00 $5,640.00 Subtotal Barricades: $5,640.00 Total Subdivision Improvements: $642,527.63 , 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 required to be installed and constructed for the Subdivision by Chapter 4,Title XII of the Pueblo Munici•al Code and the standards and specifications approved by City Council,(ii)the • l ' �'` construction elements shown hereon accurately depicts the quantities nec- �' Required Public Improvements and(ii)the unit prices shown hereon are trr) gurnrn"L/44; nttu► T� /4 prices provided by therC�i y of Pueblo. w./..-0'4 .4 \90 P PREPARED BY: ` DA' : , Z/' v , 0 Que n N.Armijo, P.E: r W REVIEWED BY: � ` 03 117IZOZ0 DAT i;v.:\ `'• Director of Public Wo s . "S�ONAk- * cJ, ` Reception 2177694 05/11/2020 03:33:41 PM EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this 18TH day of October , 2019 , by Proctor Family Partnership No., Grantor, to Pueblo, a Municipal Corporation, Grantee: 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"C" (the Property). Grantor shall install Water Quality Basin 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 2177694 05/11/2020 03:33:41 PM Page: 2 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz ClerklRecorder, Pueblo County. Co 1111FMRi:1 1f1hdi 71101 11 III "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. h SIGNED this day of J 1 of r c h , 2 U2,O Proctor Family Partnership No. 2 a Limited GRANTOR: Liability Limited Partnershipe By: c2 r sh COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) th The foregoing instrument was acknowledged before me this V 0 day of /1/ I D‘rC,h , 'Z OZ.O by CT Proctor as General Partner of Proctor Proctor Family Partnership No. 2 a Limited Witness my hand and official seal. Liability Limited Partnership My Commission Expires: / 10 a0 Z:)) (SEAL) " C-\Ailv\-1- Notary Public RANDALL PHILLIP ARELLANO JR NOTARY PUBLIC STATE OF COLORADO NOTARY ID#20194038919 MY COMMISSION EXPIRES OCT. 10,2023 2 EDWARD-rJAM ES 8LIRVEYINEI, INC. October 24, 2019 Job No. 1156.09 Page 1 of 2 EXHIBIT C 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 2 1/2"ALUMINUM CAP STAMPED "M2 SURVEYING PLS 34587"AND ON THE NORTH END BY AN ALUMINUM PIPE WITH m=t• A 3 1/4"ALUMINUM CAP STAMPED "PUEBLO COUNTY U, SURVEYOR PLS 16128"AND ASSUMED TO BEAR N04°01'08"E N A DISTANCE OF 1,390.39 FEET. a~ 3 ; 'I. COMMENCING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 1, REGENCY CREST Mm SUBDIVISION, FILING NO. 10 AS RECORDED IN THE PUEBLO COUNTY RECORDS UNDERv=a RECEPTION NUMBER 2052923, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE mm PROPOSED REGENCY CREST SUBDIVISION, FILING NO.12; THENCE ON THE BOUNDARY OF N •m SAID PROPOSED SUBDIVISION THE FOLLOWING THREE (3) COURSES; nmiN cc Nr 1. N88°12'59'W A DISTANCE OF 416.79 FEET TO A POINT OF NON-TANGENT CURVE; N 2. ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF m o 948.00 FEET, A CENTRAL ANGLE OF 2°46'46", WITH AN ARC LENGTH OF 45.99 FEET, WHOSE CHORD BEARS S5°13'40"W WITH A DISTANCE OF 45.98 FEET TO THE POINT ,01n OF BEGINNING; r DI , 3. CONTINUING ON SAID ARC A CENTRAL ANGLE OF 1°25'23", AN ARC LENGTH OF 23.54 (7,1 G' FEET,WHOSE CHORD BEARS S7°19'44'W WITH A DISTANCE OF 23.54 FEET; THENCE N50°49'27'W A DISTANCE OF 54.89 FEET;THENCE N88°12'59'W A DISTANCE OF 386.69 FEET;THENCE S5°50'34'W A DISTANCE OF 52.66 FEET;THENCE N83°58'44'W A DISTANCE OF 105.00 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND AS RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER 1600755; THENCE ON SAID BOUNDARY THE FOLLOWING TWO(2)COURSES; 1. N6°01'16"E A DISTANCE OF 80.99 FEET; 2. S88°12'59"E A DISTANCE OF 105.01 FEET; THENCE S5°50'34'W A DISTANCE OF 16.04 FEET; THENCE S88°12'59"E A DISTANCE OF 392.04 FEET;THENCE S50°49'27"E A DISTANCE OF 49.24 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 17,729 SQUARE FEET OR 0.407 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. — 90 LICE I% oCk • , w 38042 o s 10/21/ .: EDWARD R. FISHER, PROFESSIONAL LAND SURVEYOR COLORADO PLS NO. 38042 FOR AND ON BEHALF OF EDWARD-JAMES SURVEYING, INC. 926 ELKTON DRIVE 4732 EAGLERIDGE CIRCLE COLORADO SPRINGS, CO 80907 PUEBLO, CO 81 008 PHONE: (719) 576-1216 PHONE: (71 9) 545-6240 FAX: (719) 576-1206 FAX: (719) 545-6247 http://ejsurveying.com 21877694 05/11/2020 03:33.41 PM 4of Gilbert Ortz4Clerk/Recorder, P eblo2 ou0nty Co IIIII h .r twl.1A'1l4:L li '9K'1f4,111:r 'i f',),Y44111111 EXHIBIT C REGENCY CREST LOT 1 % ' I LOT 1 SUBDIVISION,FILING NO.10 BLOCK 1 RECEPTION NO.2052923 BLOCK 3 / POINT OF LOT6 LOTS COMMENCEMENT / E) LOTS LOT2 IP PROPOSED LOT I/ N REGENCY CREST _BLOCK 'CITY VIEW r SUBDIVISION' SUBDIVISION,FILING 2 Z LOT4 NO.12 LOT4 LOT1 LOT5 LOT6 LOT 7 LOT 3 THORNCREST DRIVE W i (60'R.O.W.) LOT 2 a -, BLOCK N o 1 ti V LOT 10 LOT1 LOT1 Tay VIEW o1 L0T2 SUBDIVISION' (a BLOCK LOT3 v 3 LOT4 A=2°46'46" L=45.99' R=948.00' LOT5 — — — — _ _ Ch=45.98' ChB=S5°13'40"W LOT6 LONG STREET POINT OF — — — BEGINNING 4'44'4 S50°49'27"E 49.24' / (lo O '9r t L=23.54' R=948.00' I I d=1°25'23" Ch=23.54' , , ChB=S7°19'44"W L 1\i L N50°49'27"W T - 7 - 7 - - J 54.89' I 1 I I I I NI 3 FLOYD LANE 4,ico M coM EASEMENT T -T - - -1 - -h 00 17,729 SF 1 1 I 0.407 AC UNPLATTED I I I RECEPTION NO. 1600755 I S5°50'34"W I S5°50'34"W 16.04' 5Z66' P4 I3 o c Ie0 Z immik CO ° o tel CN1 1`.4 IP. j 0 50' 100' 200' —_ 1I r....= '16'"E --------- SCALE: 1"=100' 80,99' EASEMENT EASEMENT FOR DRAINAGE AREA=17,729 SQUARE FEET OR 0.407 ACRES 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. 10/24/2019 JOB NO. 1156-09 SHEET 2 OF 2 Reception 2177695 05/11/2020 03:33:41 PM EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this 18TH day of October , 2019 , by Proctor Family Partnership No., Grantor, to Pueblo, a Municipal Corporation, Grantee: 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 "B" (the Property). Grantor shall install Water Quality Basin 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 2177695 05/11/2020 03:33:41 PM Page: 2 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ■III MIN?:HiIlEtiIf 14141k1JIM il.MtaiiiiriF'r iiih 11111 "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 t.6.I., day of rn 00-C K , 720 . Proctor Family Partnership No. 2 a Limited GRANTOR: Liability Limited Partnership By: C71 2 COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) The foregoing instrument was acknowledged before me this (A L\ day of (ANN Q V\, , q&)2 U by CT Proctor as General Partner of Proctor . Proctor Family Partnership No. 2 a Limited Witness my hand and official seal. Liability Limited Partnership My Commission Expires: 1l0\10 2.02 `') e (SEAL) I `1 Notary Public rRANDALL PHILLIP ARELLANO JR NOTARY PUBLIC STATE OF COLORADO NOTARY ID#20194038919 MY COMMISSION EXPIRES OCT. 10,2023 2 EDWARD-JAMES SURVEYING, INC. October 22, 2019 Job No. 1156.09 Page 1 of 2 EXHIBIT B 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 m o A 2 1/2"ALUMINUM CAP STAMPED"M2 SURVEYING PLS (00v" 34587"AND ON THE NORTH END BY AN ALUMINUM PIPE WITH a A 3 1/4"ALUMINUM CAP STAMPED "PUEBLO COUNTY —0 N- ` am'3 SURVEYOR PLS 16128"AND ASSUMED TO BEAR N04°01'08"E rfima A DISTANCE OF 1,390.39 FEET. M ®o COMMENCING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 3, REGENCY CREST m w- SUBDIVISION, FILING NO. 11 AS RECORDED IN THE PUEBLO COUNTY RECORDS UNDER mN % RECEPTION NUMBER 2125486, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY (N1 RIGHT-OF-WAY LINE OF ST. CLAIR AVENUE;THENCE ON THE SOUTHERLY BOUNDARY OF THE PROPOSED REGENCY CREST SUBDIVISION, FILING NO. 12, THE FOLLOWING FOUR (4) 04- COURSES; ° c u)r . 11- 1. ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF v°'= C 640.00 FEET,A CENTRAL ANGLE OF 27°03'36", WITH AN ARC LENGTH OF 302.26 FEET, aa WHOSE CHORD BEARS N57°18'42'W WITH A DISTANCE OF 299.46 FEET; 2. N43°46'54'W A DISTANCE OF 59.96 FEET; 3. S48°12'20"W A DISTANCE OF 6.64 FEET; 4. N41°47'40'W A DISTANCE OF 13.50 FEET TO THE POINT OF BEGINNING; THENCE S48°12'20'W A DISTANCE OF 73.64 FEET; THENCE N86°47'40'W A DISTANCE OF 167.58 FEET;THENCE S48°12'20'W A DISTANCE OF 79.48 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND AS RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER 1600755; THENCE ON SAID BOUNDARY THE FOLLOWING TWO (2)COURSES; 1. N61°38'44'W A DISTANCE OF 185.26 FEET; 2. N3°50'16"E A DISTANCE OF 67.80 FEET; THENCE S69°52'12"E A DISTANCE OF 232.28 FEET;THENCE N87°21'53"E A DISTANCE OF 182.44 FEET;THENCE N48°12'20'W A DISTANCE OF 35.29 FEET TO A POINT ON THE SAID SOUTHERLY BOUNDARY OF THE PROPOSED REGENCY CREST SUBDIVISION, FILING NO. 12; THENCE S41°47'40"E, ON SAID SOUTHERLY BOUNDARY, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 23,628 SQUARE FEET OR 0.542 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. p00 LICE 1, —.ate -7.7, I1 % 38042 i 1%. iclizt7-0111 .....• IIII VAL LPX' _„ EDWARD R. FISH.'' OFESSIONAL LAND SURVEYOR COLORADO PLS NO. 38042 FOR AND ON BEHALF OF EDWARD-JAMES SURVEYING, INC. 926 ELKTON DRIVE 4732 EAGLERIDGE CIRCLE COLORADO SPRINGS, CO 80907 PUEBLO, CO 810013 PHONE: (719) 576-1216 PHONE: (719) 545-6240 FAX: (719) 576-1206 FAX: (719) 545-6247 h ttp•%/ej s ur veying.com 2177695 05/11/2020 03:33:41 P11 Page: 4 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co Rome a rrnil4,'I+h4 EV Ali/I I,L+,11 i,I Oki Ill III EXHIBIT B LOT fo 04 REGENCY CREST IS, SUBDIVISION,FILING NO.11 l4,0 +4 BLOCK 403 LOT 13 RECEPTION NO.2125486 (6 c'{' S1 4 L¢ 4.17,-i o d ` d LOT5 ) LOT 12 LOT1 o LOTS PROPOSED BLOCK 3 o b REGENCY CREST LOT SUBDIVISION,FILING LOT7 NO.12 LOTH O bry o° POINT OF „o p^ COMMENCEMENT ^) /iD h LOT ° '? LOT 10 ;/)1' G r BLOCK 3 N'§' ) "CD) co i. c51?` LOT9 1 ti v c5.N. '" Or 0' .N. '" -14, . off. Ipg! yA UNPLATTED '0 -14- RECEPTION NO.1600755 rk6 BEGINNING • POINT OF "G S48°12'20"W 6.64' S41°47'40"E N41°47'40"W 20.00' \ 13.50' / N41°47'40"w \ '_548°12'20"W . 70.50' Ilr \ 73.64' N48°12'2 0"E '' 35.29' W / Irl 4 IiZ Co / / N N r. n / co Ico z IZ EASEMENT ° 23,628 SF 1 >%° . / i 0.542 AC A'P . 11 \ .,,,,N N N q .4 i ri !' b 41, i I on)to. 4 L_ UNPLATTED I RECEPTION NO.857658 I N3°50'16"E 67.80' 1 / _...11, Z MIIIIIMIII o so ioo 200' EASEMENT I I SCALE: 1'=ioo' EASEMENT FOR DRAINAGE AREA=23,628 SQUARE FEET OR 0.542 ACRES CI) 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. 10122/2019 JOB NO. 1156-09 SHEET 2 OF 2 Reception 2177696 05/11/2020 03:33:41 PM DECLARATION OF COVENANTS CONCERNING Drainage EASEMENTS FOR (type of easement) Regency Crest Filing 12 (name of subdivision) THIS DECLARATION OF COVENANTS is made as of October 18,2019 ,by Proctor Family Partnership No. 2 a Limited Liability Limited Partnership 952 Peachcrst Dr. Pueblo, CO 81004 , herein the "Declarant". DEFINITIONS Easement means and includes the land shown and dedicated on the plat of the Subdivision, or otherwise granted or dedicated in or outside of the Subdivision, for landscaping, drainage, storm water detention, streets, sidewalks, or utility purposes that serve or benefit the Subdivision. Easements granted or dedicated outside of the Subdivision are described in the attached Exhibits ("B", "C"). Facilities means and includes 2 Water Quality Basins to be maintained with sediment removal and proper working outlet structure 2, located in an Easement. Lot means a lot or other designated parcel of land within the Subdivision other than Easements. Lot Owner means and includes all persons and entities having any right, title or interest in and to a Lot, or any part thereof. Subdivision means the Regency Crest Filing 12 3. Subject Property means the real property located in Pueblo County, Colorado and described in the attached Exhibit"A". RECITALS A. Declarant is the record owner of, and has fee simple title to the Subject Property. 1. Insert name and address of property owners. 2. Describe all improvements, the repair, maintenance, and replacement of which are not the obligation of the City nor any provider of utility services. 3. Insert name of subdivision. DPW 105 02/05/02 2177696 05/11/2020 03:33:41 PM Page: 20 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County: Co 1111kirjI',41M1141:11q110107 11111 B. Declarant intends to or has subdivided the Subject Property and platted the Subject Property as the Subdivision. C. Declarant desires to provide for the orderly development of the Subdivision and to insure the proper installation, maintenance and repair of the Easements and Facilities. NOW THEREFORE, Declarant declares that the Subject Property and all Lots within the Subdivision shall be held,transferred, sold, conveyed, occupied, and used subject to the following covenants, conditions, and restrictions: 1. Purpose. The purpose of the covenants and provisions of this Declaration of Covenants is to insure the proper and orderly development of the Subject Property and to provide a reasonable method to maintain and repair the Easements and Facilities to the benefit of all the Lots within the Subdivision. 2. Covenants (a) Declarant shall install the Easements and Facilities in accordance with the plans and specifications therefore approved by, and on file with the City of Pueblo. Declarant shall record this Declaration of Covenants in the office of the Pueblo County Clerk and Recorder contemporaneously with but immediately after the recording of the plat of the Subdivision. (b) Each Lot Owner shall be primarily responsible for maintaining the Facilities in good working order and condition and for the repair and replacement of the Facilities located in an Easement on or adjacent to such Lot Owner's Lot; provided, however, that all Lot Owners shall be jointly and severally liable for maintaining the Facilities in good working order and condition and for the repair and replacement of the Facilities. (c) The City of Pueblo is granted the right at its option (but not the obligation) to inspect, control, repair, maintain and replace the Facilities and to recover all costs and expenses thereof plus an administrative charge of 15% from the Lot Owners. All such City's cost and administrative charge shall become a perpetual lien on all the Lots within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth City's cost and describing the Lots 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 of Pueblo to any liability for such failure. DPW 105 2 02/05/02 2177696 05/11/2020 03:33:41 PM Page: 3 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder. Pueblo County, Co VIII hitirlA'i triiiM 'rria' 'Clii1«1#110,4l0F.\'iI'ih 11111 3. Binding Effect. Each of the covenants and provisions of this Declaration of Covenants shall run with the Subject Property and Lots within the Subdivision, and shall forever be binding upon and inure to the benefit of all Lot Owners and their respective heirs, personal representatives, successors and assigns. 4. Enforcement. (a) The covenants and provisions of this Declaration of Covenants shall be enforceable at law or in equity by any Lot Owner or the City of Pueblo against any person or entity violating, attempting to violate, or not complying with any of the covenants and provisions of this Declaration of Covenants. (b) Failure of any Lot Owner or the City of Pueblo to enforce any of the covenants or provisions of this Declaration of Covenants shall in no event constitute or be deemed to constitute a waiver of the right to do so thereafter, and shall not subject any Lot Owner or the City of Pueblo to any liability for failure to enforce. (c) The enforcing party may seek and recover damages or injunctive relief or both. In the event of any action or litigation arising out of or to enforce this Declaration of Covenants, the Court shall award the prevailing party its costs and expenses including reasonable attorney fees. Venue for any such action shall be in the District Court In And For the County of Pueblo, State of Colorado, and for purposes thereof, Declarant and all Lot Owners agree to submit to the jurisdiction of that Court. 5. Survival. Invalidation of any one of the covenants or provisions of this Declaration of Covenants whether by final judgment or court order shall not affect any of the remaining covenants or provisions, which shall remain in full force and effect. 6. Modification. Neither this Declaration of Covenants nor any of the provisions hereof may be cancelled, terminated, amended or modified without the prior written consent of all the Lot Owners and the City of Pueblo. DPW 105 3 02/05/02 2177696 05/11/2020 03:33:41 PM Page: 4 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 11111FA IWirIir:ftMIN'WI II OM 1111 7. Applicable Law. This Declaration of Covenants shall be construed, interpreted and enforced in accordance with the laws of the State of Colorado. Executed the day and year first above written. Declarant COUNTY OF PUEBLO ) Proctor Family Partnership No. 2 a Limited )ss. Liability Limited Partnership STATE OF COLORADO ) The foregoing instrument was acknowledged before me this (04 k day of Y\to(` 1.-\ , 2o 2D by Cole Proctor as General Partner of Proctor Proctor Family Partnership No. 2 a Limited Witness my hand and official seal. Liability Limited Partnership My commission expires: \\ LI 2[2 jot, 1) (SEAL) Notary Public RANDALL PHILLIP ARELLANO JR NOTARY PUBLIC STATE OF COLORADO NOTARY ID#20194038919 MY COMMISSION EXPIRES OCT. 10,2023 DPW 105 4 02/05/02 • EDWARD-JAMES SURVEYING, INC. October 18, 2019 Job No. 1156.09 Page 1 of 2 EXHIBIT A LEGAL DESCRIPTION U (PROPOSED REGENCY CREST SUBDIVISION, FILING NO. 12) A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: m aN BASIS OF BEARINGS:THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF 1Oo'ww- SAID SECTION 4, BEING MONUMENTED ON THE SOUTH END BY A NO.6 REBAR WITH A 2-1/2"ALUMINUM E 2 CAP MARKED"M2 SURVEYING PLS 34587"AND ON THE NORTH END BY AN ALUMINUM PIPE WITH A 3-1/4" ®w' ALUMINUM CAP MARKED"PUEBLO COUNTY SURVEYOR PLS 16128" IS ASSUMED TO BEAR N04°01'08"E A DISTANCE OF 1390.39 FEET. ML -t- M ale m a- BEGINNING AT THE NORTHWESTERLY CORNER OF REGENCY CREST SUBDIVISION, FILING NO. 10 AS os'6 RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER 2052923; THENCE ON THE NamOE WESTERLY BOUNDARY LINE OF SAID REGENCY CREST SUBDIVISION, FILING NO. 10 THE FOLLOWING TEN m Y (10)COURSES: � 1. S01°47'01"W A DISTANCE OF 166.16 FEET; ulr 2. S88°12'59"E A DISTANCE OF 12.61 FEET; G,••• 3. S01°47'01"W A DISTANCE OF 110.00 FEET; to in -0 4. S88°12'59"E A DISTANCE OF 9.84 FEET; O1n• L`� 5. S27°19'06"W A DISTANCE OF 285.05 FEET; u,2 6. S10°29'40"W A DISTANCE OF 69.46 FEET; ND um 7. S80°32'29"E A DISTANCE OF 48.78 FEET; 8. S06°42'53"W A DISTANCE OF 101.56 FEET; 9. N87°23'29"W A DISTANCE OF 3.75 FEET; 10. S02°36'31"W A DISTANCE OF 167.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF ST. CLAIR AVENUE,AS PLATTED IN REGENCY CREST SUBDIVISION FILING 9 AND FILING 11, RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBERS 1974876 AND 2125486 RESPECTIVELY; THENCE ON SAID NORTHERLY RIGHT-OF-WAY OF ST.CLAIR AVENUE THE FOLLOWING TWO(2) COURSES: 1. N87°23'29"W A DISTANCE OF 81.26 FEET TO A POINT OF CURVE; 2. ON THE ARC OF A CURVE TO THE RIGHT, HAVING A DELTA OF 16°32'59",A RADIUS OF 560.00 FEET, AND A LENGTH OF 161.75 FEET TO THE NORTHWESTERLY CORNER OF SAID REGENCY CREST SUBDIVISION, FILING NO. 11; THENCE ON THE WESTERLY BOUNDARY OF SAID REGENCY CREST SUBDIVISION, FILING NO. 11, S19°09'30"W A DISTANCE OF 80.00 FEET TO THE NORTHWESTERLY CORNER OF LOT 1, BLOCK 2, SAID REGENCY CREST SUBDIVISION, FILING NO. 11;THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 640.00 FEET,A CENTRAL ANGLE OF 27°03'36",WITH AN ARC LENGTH OF 302.26 FEET,WHOSE CHORD BEARS N57°18'42"W WITH A DISTANCE OF 299.46 FEET; THENCE N43°46'54"W A DISTANCE OF 59.96 FEET;THENCE S48°12'20"W A DISTANCE OF 6.64 FEET;THENCE N41°47'40"W A DISTANCE OF 104.00 FEET; THENCE N48°12'20"E A DISTANCE OF 10.16 FEET TO A POINT OF CURVE;THENCE ON THE ARC OF A CURVE TO THE LEFT, HAVING A DELTA OF 44°22'03",A RADIUS OF 948.00 FEET,AND A LENGTH OF 734.09 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4;THENCE ON SAID NORTH LINE, S88°12'59"E A DISTANCE OF 416.79 TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 435,310 SQUARE FEET OR 9.993 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. 42-�NOO LICE 141Ii 1• 38042 ;moo ' 8J ,� i ?Q• �, ss; •........ cn EDWARD R. FISHER, PROFESSIONAL LAND SURVEYOR COLORADO PLS NO.38402 FOR AND ON BEHALF OF EDWARD-JAMES SURVEYING, INC. 926 ELKTON DRIVE 4732 EAGLERIDGE CIRCLE COLORADO SPRINGS, CO 80907 PUEBLO, CO. 81 008 PHONE: (719) 576-1216 FAX: (719) 576-1206 PHONE: (719) 545-6240 FAX: (719) 545-6247 http://ejsurveying.com 2177696 05/11/2020 03:33:41 PM Page: 6 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder. Pueblo County, Co 11111 FON rilititheIiyt'Iti6.t:1 f F 0100/116'.'i 114 /1111 EXHIBIT A ffI I I I i 1 2 *CITY SUBDIVISION I_..._ _SUBDIVISION*J I - — - 2ND FILING* —.- —I I I *CITY VIEW SUBDIVISION' Co CO I I I I I �..- �(NW/4 NW/4JEC 4) I S88°12�9"E POINT OF (SW/4NW/4 SEC 4) I BENNIN 416.79' _I_ r r i II1 Tn ii I I THE LOT LINES SHOWN WITHIN THIS PARCEL r v BOUNDARY ARE FOR VISUAL REFERENCE N $88°12'59"E ONLY AND MY NOT BE THE FINAL 12 61' LIEZL STREET CONFIGURATION OF LOT AT THE TIME OF (60'RO.W.) SUBDIVISION. *UNPLATTED" T T ) I S88°12'59"E S01°47'01"W 9.84' I / / 110.00' o, ( REGENCY CREST SUBDIVISION, 0 0 0"' FILING NO.10* A. viii p0` ii \ A / h PROPOSED REGENCY CREST *^� \ /C i9 SUBDIVISION, FILING NO. 12 4\1' 447*/N N 435,310 SF Q" / \ N48°12'20"E 9.993 AC N 10.16' \ / S10°29'40W \ 69.46' —S80°32'29„E 48.78' N41°47'40"W • / 104.00' _/ / ? N87°23'29"W S N43°46'54"W • 3.75' - o \ 59.96' °____I I --- --_____ _____7 BERRY CREST (60'RO.W,) L S48°12'20"V1l I o 6.64' 0,4N , S19°09'30"W II.' m ``?�`u' 80.00' CO N VPLATTED* •`r'e ?s' 03' =161.7 81.26' C �4�.36" R, 5' N87°23'29"W — he'`NS> gyp, --'-'16°,32,59„ ST.CLAIR AVENUE 78,42" (80'RO.W.) 'LOT 1,BLOCK REGENCY CRESTr_77----- -I i______ Ti SUBDIVISION,FILING NO.11* ALMOIVDCRE r—L____ ___I ____d_____ ____H i______ I (6o'e.o.w.sTcr H — _ — — I REGENCY CREST SUBDIVISION, I +REGENCY CREST SUBDIVISION, FILING NO.11' i— FILING NO.9*i rz 1 -. � U a 1,- 0 75' 150' 300' SCALE: 1'=150' 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. 10/18/19 JOB NO. 1158-09 SHEET 2 OF 2 • EDWARD-I,IAMEB SURVEYING, INC. October 22, 2019 Job No. 1156.09 Page 1 of 2 EXHIBIT B i LEGAL DESCRIPTION A PORTION OF WEST ONE-HALF OF SECTION 4,TOWNSHIP 21 SOUTH, RANGE 65 WEST, OF 3.� THE 6TH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE m PARTICULARLY DESCRIBED AS FOLLOWS: m + BASIS OF BEARINGS: THE WEST LINE OF THE NORTHWEST QUARTER OF THE al-o' SOUTHWEST QUARTER OF SAID SECTION 4 BEING MONUMENTED ON THE SOUTH END BY A NO. 6 REBAR WITH .1-6)• - A 2 1/2"ALUMINUM CAP STAMPED "M2 SURVEYING PLS 34587"AND ON THE NORTH END BY AN ALUMINUM PIPE WITH ,;;m A 3 1/4"ALUMINUM CAP STAMPED"PUEBLO COUNTY mm° SURVEYOR PLS 16128"AND ASSUMED TO BEAR N04°01'08"E lmvc°i� A DISTANCE OF 1,390.39 FEET. Nc ..(90 COMMENCING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 3, REGENCY CREST SUBDIVISION, FILING NO. 11 AS RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER 2125486, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY CD RIGHT-OF-WAY LINE OF ST. CLAIR AVENUE;THENCE ON THE SOUTHERLY BOUNDARY OF N oi� THE PROPOSED REGENCY CREST SUBDIVISION, FILING NO. 12, THE FOLLOWING FOUR (4) COURSES; NO 1. ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 640.00 FEET, A CENTRAL ANGLE OF 27°03'36",WITH AN ARC LENGTH OF 302.26 FEET, WHOSE CHORD BEARS N57°18'42'W WITH A DISTANCE OF 299.46 FEET; 2. N43°46'54'W A DISTANCE OF 59.96 FEET; 3. S48°12'20'W A DISTANCE OF 6.64 FEET; 4. N41°47'40'W A DISTANCE OF 13.50 FEET TO THE POINT OF BEGINNING; THENCE S48°12'20'W A DISTANCE OF 73.64 FEET; THENCE N86°47'40'W A DISTANCE OF 167.58 FEET;THENCE S48°12'20'W A DISTANCE OF 79.48 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND AS RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER 1600755;THENCE ON SAID BOUNDARY THE FOLLOWING TWO (2)COURSES; 1. N61°38'44'W A DISTANCE OF 185.26 FEET; 2. N3°50'16"E A DISTANCE OF 67.80 FEET; THENCE S69°52'12"E A DISTANCE OF 232.28 FEET;THENCE N87°21'53"E A DISTANCE OF 182.44 FEET;THENCE N48°12'20'W A DISTANCE OF 35.29 FEET TO A POINT ON THE SAID SOUTHERLY BOUNDARY OF THE PROPOSED REGENCY CREST SUBDIVISION, FILING NO. 12; THENCE S41°47'40"E, ON SAID SOUTHERLY BOUNDARY, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 23,628 SQUARE FEET OR 0.542 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. \\\\\\\1 �PpO LICF�IIih 38042 a: •••• •S ,.CONAL LAN`4" EDWARD R. FISHER, PROFESSIONAL LAND SURVEYOR COLORADO PLS NO. 38042 FOR AND ON BEHALF OF EDWARD-JAMES SURVEYING, INC. 926 ELKTON DRIVE 4732 EAfLERIDOE CIRCLE COLORADO SPRINGS, CO 80907 PUEBLO, CO 51005 PHONE: (719) 576-1216 PHONE: (719) 545-6240 FAX: (719) 576-1206 FAX: (71 9) 545-6247 http•//ejsurveying com 2177696 05/11/2020 03:33:41 PM Page: 8 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1111EIPAIFTII;TI.fIifill3101171101 11411Li' f%;WI1111411111 EXHIBIT B ' REGENCY CREST LOT 10 1:4b1:4b BLOCK �O- SUBDIVISION,FILING NO.11 t cy y-• LOT 13 RECEPTION NO.2125486 U 4,I,c' 2 C) p (6p ) C' 444 k: LOTS ����'� .�y �O C.) p LOT 12 LOT 1 Z LOT6 PROPOSED BLOCKS e REGENCY CREST .. y LOT SUBDIVISION,FILING LI NO.12 LOT 11 O ,ry co POINT OF PD P,< COMMENCEMENT cy // h 8 O F � LOT 10 _ '2^Gr( BLOCK p 2' U 3 Sl�V O�ca �v �� b i LOT9 ' 1 v cbC5. X9426 C., 4 re, sr,+O y�, UNPLATTED • $'IP RECEPTION NO. 1600755 POINT OF BEGINNING fit*h°' S48°12'20"W• 6.64' S41°47'40"E N41°47'40"W 20.00' 13.50' N41°4740"W \ ��_S48°12'20"W 70.50' \ 73.64' N48°12'20"E 35.29' W I es, N N n � 1 '�D H Z i� ' J, EASEMENT / / •I xd,� 23,828 SF c�- 0.542 AC / ‘�3�O \ / N . i N�/ N °) ti/ ,h j e / N�' � 1 � / � b, 11 ry \ / \ L UNPLATTED I RECEPTION NO.857658 , N3°50'16"E 67.80' 1 _ Z MillIMI 0 so 100' 200' EASEMENT I 1 SCALE: 1"loo EASEMENT FOR DRAINAGE AREA=23,628 SQUARE FEET OR 0.542 ACRES CI) 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. 10/22/2019 JOB NO. 1156-09 SHEET 2 OF 2 • • EDWARD-.JAM E9 9LIRVEYING, INC. October 24, 2019 Job No. 1156.09 Page 1 of 2 EXHIBIT C 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: Uri BASIS OF BEARINGS: THE WEST LINE OF THE NORTHWEST QUARTER OF THE m r2 SOUTHWEST QUARTER OF SAID SECTION 4 BEING m MONUMENTED ON THE SOUTH END BY A NO. 6 REBAR WITH n5,� A 2 1/2"ALUMINUM CAP STAMPED"M2 SURVEYING PLS coalE 34587"AND ON THE NORTH END BY AN ALUMINUM PIPE WITH am M A 3 1/4"ALUMINUM CAP STAMPED"PUEBLO COUNTY _is co SURVEYOR PLS 16128"AND ASSUMED TO BEAR N04°01'08"EMo A DISTANCE OF 1,390.39 FEET. ,:;maw COMMENCING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 1, REGENCY CREST Nuom SUBDIVISION, FILING NO. 10 AS RECORDED IN THE PUEBLO COUNTY RECORDS UNDER Ne RECEPTION NUMBER 2052923, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE timU� PROPOSED REGENCY CREST SUBDIVISION, FILING NO.12; THENCE ON THE BOUNDARY OF SAID PROPOSED SUBDIVISION THE FOLLOWING THREE (3)COURSES; 1. N88°12'59'W A DISTANCE OF 416.79 FEET TO A POINT OF NON-TANGENT CURVE; v;aE 2. ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF a— 948.00 FEET, A CENTRAL ANGLE OF 2°46'46",WITH AN ARC LENGTH OF 45.99 FEET, °1a" WHOSE CHORD BEARS S5°13'40'W WITH A DISTANCE OF 45.98 FEET TO THE POINT OF BEGINNING; 3. CONTINUING ON SAID ARC A CENTRAL ANGLE OF 1°25'2T,AN ARC LENGTH OF 23.54 FEET,WHOSE CHORD BEARS S7°19'44"W WITH A DISTANCE OF 23.54 FEET; THENCE N50°49'27'W A DISTANCE OF 54.89 FEET;THENCE N88°12'59'W A DISTANCE OF 386.69 FEET;THENCE S5°50'34'W A DISTANCE OF 52.66 FEET; THENCE N83°58'44'W A DISTANCE OF 105.00 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND AS RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER 1600755; THENCE ON SAID BOUNDARY THE FOLLOWING TWO (2) COURSES; 1. N6°01'16"E A DISTANCE OF 80.99 FEET; 2. S88°12'59"E A DISTANCE OF 105.01 FEET; THENCE S5°50'34'W A DISTANCE OF 16.04 FEET; THENCE S88°12'59"E A DISTANCE OF 392.04 FEET; THENCE 550°49'27"E A DISTANCE OF 49.24 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 17,729 SQUARE FEET OR 0.407 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. pp0 L/Ck- 114 �.1tti • i� i► 38042�,,,q: or 1D/4/ eflY `�,. SI "°NAL LANv�J4_s X11uw\ ����%. EDWARD R. FISHER, PROFESSIONAL LAND SURVEYOR COLORADO PLS NO. 38042 FOR AND ON BEHALF OF EDWARD-JAMES SURVEYING, INC. 926 ELKTON DRIVE 4732 EAGLERIDGE CIRCLE COLORADO SPRINGS, CO 80907 PUEBLO, CO 81008 PHONE: (719) 576-1216 PHONE: (719) 545-6240 FAX: (719) 576-1208 FAX: (71 9) 545-6247 http•//ejsurveymg.com 2177696 05/11/2020 03:33:41 PM Page: 10 of 10 R 58.00 D 0.00 1 58.00 Gilbert Ortiz Clerk/Recorder: Pueblo County: Co 1111 kW li.O.MI'I11f'Cli h LiiiI#I'11 lerillaiii 11111 EXHIBIT C REGENCY CREST LOT/ I LOT 1 SUBDIVISION,FILING NO.10 BLOCK 1 RECEPTION NO.2052923 BLOCK 3 i' — — — — — — — POINT OF LOT6 Lora i I COMMENCEMENT LOT5 LOT2 14, PROPOSED Lor/ NREGENCY CREST BLOCK 'CITY VIEW 7 SUBDIVISION,FILING 2 SUBDIVISION' 2 LOT4 NO.12 LOT4 LOT1 LOT5 LOT 6 — LOTLOT7 3 THORNCREST DRIVE (60'R.O.W.) LOT2 O BLOCK N a , 1 ti b J LOT/o LOT 1 LOT 1 'CITY VIEW En LOT 2 SUBDIVISION' 1� 6 BLOCK LOT3 V 3 LOT 4 A=2°46'46" L=45.99' R=948.00' LOTS • — — — _ _ _ _ — _ Ch=45.98' ChB=S5°13'40"W LONG S LOT 6 __ TREET POINT OF — F — — -- BEGINNING 81'�'dt� S50°49'27"E / (I0 P,gVr 49.24' g !11j v4 ( ( L=23.54' R=948.00' d=1°25'23" = Ch=23.54' s ChB=S7°19'44"W L N50°49'27"W T - T - 1- 7 - - J 54.89' I I 1 I I I yr a 'v, 1 - - 1 _ _ J _ -'— In N � _ LANE oN ~ FLOYD c M COM EASEMENT T — ' � - -� Z 17,729 SF 1 I 0.407 AC UNPLATTED I I I RECEPTION NO.1600755 I S5°50'34"W I S5°50'34"W 16.04' 52.66' EQ j — ; 4 M ti i 0 50' 100' 200' N6°01'16"E SCALE 1'=100' 80.99' EASEMENT EASEMENT FOR DRAINAGE AREA= 17,729 SQUARE FEET OR 0.407 ACRES CI) 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. 10/24/2019 JOB NO. 1156-09 SHEET 2 OF 2