HomeMy WebLinkAbout09885Reception 2283786
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ORDINANCE NO. 9885
AN ORDINANCE APPROVING THE UPLANDS TOWNHOMES
FILING NO. 3 SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Uplands Townhomes, Filing No. 3, being a subdivision of land legally
described as:
(2) TWO PARCELS OF LAND BEING A PORTION OF HOUSING SUBDIVISION
RECORDED ON MAY 24, 1952 IN THE OFFICE OF THE CLERK AND
RECORDER OF THE COUNTY OF PUEBLO UNDER RECEPTION NUMBER
913457 (BOOK 16, PAGE 3), A PORTION OF LOT 13, BLOCK 23 OF
UPLANDS PARK RECORDED ON FEBRUARY 19, 1886 IN SAID RECORDS IN
BOOK 2B AT PAGES 33-34 AND A PORTION OF UPLANDS TOWNHOMES
FILING NO. 2 RECORDED ON DECEMBER 6, 2019 IN SAID RECORDS
UNDER RECEPTION NUMBER 2161535; LOCATED IN THE NORTHWEST
ONE-QUARTER OF SECTION 11, TOWNSHIP 21 SOUTH, RANGE 65 WEST
OF THE 6TH PRINCIPAL MERIDIAN; MORE PARTICULARLY DESCRIBED AS
FOLLOWS WITH BEARINGS REFERENCED TO THE NORTH LINE OF SAID
HOUSING SUBDIVISION, MONUMENTED ON THE WEST END BY A FOUND
1-1/2" ALUMINUM TAG STAMPED "MANGINI REEVES INC, PLS 22101" AND
ON THE EAST END BY A FOUND 1" YELLOW PLASTIC CAP STAMPED
"CARDINAL, PLS 22101" (A 1-FOOT WITNESS CORNER), AND IS ASSUMED
TO BEAR NORTH 88°54'18" EAST 1253.48 FEET.
PARCEL 1
COMMENCING AT THE WEST END OF SAID NORTH LINE; SAID POINT
BEING ALSO THE NORTHWEST CORNER OF SAID HOUSING SUBDIVISION
AND A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH PRAIRIE
AVENUE; THENCE NORTH 88°54'18" EAST, ON SAID NORTH LINE OF
HOUSING SUBDIVISION, A DISTANCE OF 381.43 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUE NORTH 88°54'18" EAST ON SAID NORTH LINE, A
DISTANCE OF 230.44 FEET TO THE NORTHWESTERLY CORNER OF SAID
UPLANDS TOWNHOMES FILING NO. 2;
THENCE ON THE EXTERIOR OF SAID UPLANDS TOWNHOMES FILING NO.
2 THE FOLLOWING (4) FOUR COURSES:
1. THENCE SOUTH 01°05'42" EAST, A DISTANCE OF 178.95 FEET;
2. THENCE SOUTH 89°26'28" WEST, A DISTANCE OF 32.02 FEET;
3. THENCE SOUTH 01°06'56" EAST, A DISTANCE OF 60.09 FEET;
4. THENCE SOUTH 44°14'08" WEST, A DISTANCE OF 41.63 FEET TO A
184.06 FOOT RADIUS NON-TANGENT CURVE WHOSE CENTER BEARS
NORTH 13°35'26" WEST, BEING ALSO THE NORTHERLY RIGHT-OF-WAY
LINE OF TRIBAL NATIONS AVENUE, AS SHOWN ON THE PLAT OF SAID
UPLANDS TOWNHOMES FILING NO. 2;
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THENCE ON SAID EXTERIOR THE FOLLOWING (4) FOUR COURSES:
1. THENCE WESTERLY ON SAID CURVE, THROUGH A CENTRAL
ANGLE OF 05°56'58", AN ARC DISTANCE OF 19.11 FEET TO A 28.73 FOOT
•
RADIUS NON-TANGENT CURVE WHOSE CENTER BEARS NORTH 07°32'42"
WEST;
2. THENCE WESTERLY ON SAID CURVE, THROUGH A CENTRAL
ANGLE OF 51°19'09", AN ARC DISTANCE OF 25.74 FEET;
3. THENCE NORTH 46°13'38" WEST, A DISTANCE OF 64.92 FEET;
4. THENCE SOUTH 43°46'26" WEST, A DISTANCE OF 2.99 FEET TO
THE NORTHEASTERLY CORNER OF SITTER PLACE, AS SHOWN ON THE
PLAT OF SAID HOUSING SUBDIVISION;
THENCE NORTH 46°05'32" WEST ON THE NORTHERLY RIGHT-OF-WAY
LINE OF SAID SITTER PLACE, A DISTANCE OF 22.57 FEET;
THENCE NORTH 48°21'35" EAST, A DISTANCE OF 17.11 FEET;
THENCE NORTH 01°06'04" WEST, A DISTANCE OF 47.47 FEET;
THENCE SOUTH 88°53'56" WEST, A DISTANCE OF 76.58 FEET;
THENCE NORTH 00°38'19" WEST, A DISTANCE OF 144.77 FEET TO THE
POINT OF BEGINNING.
THE ABOVE PARCEL DESCRIPTION CONTAINS A CALCULATED AREA OF
47,937 SQUARE FEET OR (1.10048 ACRES), MORE OR LESS, AND IS
DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR REFERENCE.
PARCEL 2
COMMENCING AT THE WEST END OF SAID NORTH LINE OF HOUSING
SUBDIVISION; SAID POINT BEING ALSO THE NORTHWEST CORNER OF
SAID HOUSING SUBDIVISION AND A POINT ON THE EAST RIGHT-OF-WAY
LINE OF SOUTH PRAIRIE AVENUE;
THENCE SOUTH 01°05'45" EAST ON SAID EAST RIGHT-OF-WAY LINE, A
DISTANCE OF 477.95 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 88°53'56" EAST, A DISTANCE OF 260.82 FEET;
THENCE NORTH 01°06'02" WEST, A DISTANCE OF 83.87 FEET;
THENCE NORTH 88°54'36" EAST, A DISTANCE OF 178.06 FEET;
THENCE NORTH 00°50'50" WEST, A DISTANCE OF 49.79 FEET;
THENCE NORTH 89°45'13" EAST, A DISTANCE OF 22.78 FEET;
THENCE NORTH 01°06'04" WEST, A DISTANCE OF 46.64 FEET TO THE
EXTERIOR OF SAID UPLANDS TOWNHOMES FILING NO. 2, BEING ALSO
THE SOUTHERLY RIGHT-OF-WAY LINE OF SITTER PLACE, AS SHOWN ON
THE PLAT OF SAID UPLANDS TOWNHOMES FILING NO. 2;
THENCE ON SAID EXTERIOR, SAID SOUTHERLY RIGHT-OF-WAY LINE,
AND THE SOUTHERLY RIGHT-OF-WAY LINE OF TRIBAL NATIONS AVENUE,
AS SHOWN ON THE PLAT OF SAID UPLANDS TOWNHOMES FILING NO. 2,
THE FOLLOWING (2) TWO COURSES:
1. THENCE SOUTH 46°13'38" EAST, A DISTANCE OF 15.21 FEET TO A
72.76 FOOT RADIUS NON-TANGENT CURVE WHOSE CENTER BEARS
NORTH 43°46'21" EAST;
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2. THENCE SOUTHEASTERLY ON SAID CURVE, THROUGH A
CENTRAL ANGLE OF 15°53'10", AN ARC DISTANCE OF 20.17 FEET TO A
75.64 FOOT RADIUS NON-TANGENT CURVE WHOSE CENTER BEARS
NORTH 27°59'04" EAST;
THENCE CONTINUE ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF
TRIBAL NATIONS AVENUE THE FOLLOWING (7) SEVEN COURSES:
1. THENCE EASTERLY ON SAID CURVE, THROUGH A CENTRAL
ANGLE OF 23°09'13", AN ARC DISTANCE OF 30.57 FEET TO A 300.00 FOOT
RADIUS REVERSE CURVE;
2. THENCE EASTERLY ON SAID REVERSE CURVE, THROUGH A
CENTRAL ANGLE OF 10°01'39", AN ARC DISTANCE OF 52.50 FEET TO A
39.00 FOOT RADIUS COMPOUND CURVE;
3. THENCE SOUTHEASTERLY ON SAID CURVE, THROUGH A
CENTRAL ANGLE OF 25°37'02", AN ARC DISTANCE OF 17.44 FEET TO A
63.17 FOOT RADIUS REVERSE CURVE;
4. THENCE EASTERLY ON SAID REVERSE CURVE, THROUGH A
CENTRAL ANGLE OF 83°11'16", AN ARC DISTANCE OF 91.72 FEET TO A
38.83 FOOT RADIUS REVERSE CURVE;
5. THENCE NORTHEASTERLY ON SAID REVERSE CURVE, THROUGH
A CENTRAL ANGLE OF 25°31'58", AN ARC DISTANCE OF 17.30 FEET TO A
301.18 FOOT RADIUS COMPOUND CURVE;
6. THENCE EASTERLY ON SAID CURVE, THROUGH A CENTRAL
ANGLE OF 08°14'17", AN ARC DISTANCE OF 43.30 FEET;
7. THENCE NORTH 88°54'27" EAST, A DISTANCE OF 527.92 FEET TO
THE EXTERIOR OF SAID UPLANDS TOWNHOMES FILING NO. 2, BEING
ALSO THE WESTERLY RIGHT-OF-WAY LINE OF ACERO AVENUE;
THENCE SOUTH 01°05'33" EAST ON SAID EXTERIOR AND SAID WESTERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 31.69 FEET TO THE
SOUTHEASTERLY CORNER OF SAID UPLANDS TOWNHOMES FILING NO.
2, BEING ALSO THE NORTHEASTERLY CORNER OF SAID LOT 13, BLOCK
23 OF UPLANDS PARK;
THENCE CONTINUE SOUTH 01°05'33" EAST ON SAID EXTERIOR AND SAID
WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 297.23 FEET TO THE
SOUTHEASTERLY CORNER OF SAID LOT 13, BLOCK 23 OF UPLANDS
PARK, BEING ALSO THE INTERSECTION OF SAID WESTERLY RIGHT-OF-
WAY LINE WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SPRAGUE
AVENUE;
THENCE SOUTH 88°54'57" WEST ON SAID EXTERIOR AND SAID NORTH
RIGHT-OF-WAY LINE, A DISTANCE OF 626.63 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 13, BLOCK 23 OF UPLANDS PARK AND THE
SOUTHEAST CORNER OF BLOCK 3 OF SAID HOUSING SUBDIVISION;
THENCE CONTINUE SOUTH 88°54'57" WEST ON THE EXTERIOR OF SAID
HOUSING SUBDIVISION AND SAID NORTH RIGHT-OF-WAY LINE, A
DISTANCE OF 626.81 FEET THE SOUTHWEST CORNER OF SAID HOUSING
SUBDIVISION, BEING ALSO THE INTERSECTION OF SAID NORTH RIGHT-
OF-WAY LINE WITH SAID EAST RIGHT-OF-WAY LINE OF SOUTH PRAIRIE
AVENUE;
THENCE NORTH 01°05'45" WEST ON SAID EXTERIOR AND SAID EAST
RIGHT-OF-WAY LINE, A DISTANCE OF 181.65 FEET TO THE POINT OF
BEGINNING.
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THE ABOVE PARCEL DESCRIPTION CONTAINS A CALCULATED AREA OF
359,855 SQUARE FEET OR (8.26114 ACRES), MORE OR LESS, AND IS
DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR REFERENCE.
THE OVERALL PARCEL DESCRIPTION CONTAINS A CALCULATED AREA
OF 407,792 SQUARE FEET OR (9.36162 ACRES), MORE OR LESS, AND IS
DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR REFERENCE.
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 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
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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 8, 2021.
Final adoption of Ordinance by City Council on February 22, 2021.
.40
President of City Council
Action by the Mayor:
'1,1 Approved on •4;14— 47/
❑ Disapproved on based on the following objections:
r 49.4.00&14
Mayor
Action by City Council After Disanoroval by the Mayor:
❑ Council did not act to override the Mayor's veto.
❑ Ordinance re-adopted on a vote of , on
El Council action on failed to override the Mayor's veto.
esident of City Council
ATTEST V
. . 4 ,f
City Clerk +- ,
k0/
City Clerk’s Office Item # R-7
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: February 8, 2021
TO: President Lawrence W. Atencio 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 UPLANDS TOWNHOMES FILING
NO. 3 SUBDIVISION
SUMMARY:
The applicant is requesting to resubdivide the 9.36-acre property into three lots and one
parcel for future multifamily residential development and to accommodate the existing
Boys and Girls Club, Sprague Clubhouse.
PREVIOUS COUNCIL ACTION:
On September 11, 2017 City Council approved the Uplands Townhomes Filing No. 1 by
Ordinance No. 9176. Filing No. 2 was approved on February 25, 2019 by Ordinance No.
9433.
BACKGROUND:
The subject property is located east of S. Prairie Avenue and west of the Uplands
Townhomes, Filing No 2 subdivision, which was approved in 2019. The Pueblo Housing
Authority is requesting to resubdivide the property into three lots for the proposed
Uplands Townhomes Phase 2B development and dedicate the Alma Avenue public
right of way. Uplands Townhomes 2B includes replacing 12 Sangre De Cristo multi-
family structures with 12 new multi-family structures containing 49 dwelling units and 65
parking spaces within two of the proposed lots. Lot 3 will house the existing Boys and
Girls Club, Sprague Clubhouse. The pedestrian friendly environment with narrow traffic
lanes and neighborhood courts for active and passive recreation, established by the first
two Uplands Townhomes Subdivisions, will be continued with the proposed Uplands
Townhomes 2B subdivision. The proposed subdivision is the third of four phases for
affordable multi-family housing and is intended to replace the aging Sangre de Cristo
apartments that were originally constructed in 1952 as part of a federal housing initiative
completed by the Pueblo Reginal Housing Authority. The applicant is concurrently
requesting to vacate the remaining portion of Crawford Street and a public utility
easement. A PUD Site Plan Review of the multi-family development will be required
before a building permit is approved by the Planning Department for the new
development.
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 January 13, 2021 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 not be resubdivided which
will 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 January 13, 2021
Public Hearing
Memorandum from the Department of Public Works Dated January 19,
2021
Planning and Zoning Commission Staff Report with Attachments and
Exhibits
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SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on l'i.A L'j g , 2022 , between the
CITY OF PUEBLO, a Municipal Corporation("City"), and
Housing Authority of the City of Pueblo,Colorado, a corporate;body politic
("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
Uplands Townhomes Phase 3
("Subdivision"), wishes to enter into this Subdivision Improvements Agreement as authorized by
Chapter 4, Title XII of the Pueblo Municipal Code; and
WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code
to construct and install public improvements described and set forth in Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by City Council
("Required Public Improvements"); and
WHEREAS, the Required Public Improvements are generally described in the attached
Exhibit"B"and shown on approved construction plans and documents on file in the office of the
City's Director of Public Works ("Plans and Documents").
WHEREAS, by Chapter 4,Title XII of the Pueblo Municipal Code, Subdivider is
obligated to provide security or collateral sufficient in the judgement of the Director of Public
Works to make reasonable provisions to construct and complete the Required Public
Improvements.
NOW, THEREFORE, in consideration of the foregoing and the following mutual
covenants and agreements, the City and Subdivider agree as follows:
1. Subdivider agrees within one hundred and eighty(180) days after applying for a
building permit to construct any building or structure on any building site within the
Subdivision, or upon the issuance of a certificate of occupancy for any such building
or structure,whichever occurs first, to construct and install at its sole cost all of the
Required Public Improvements.
2. In lieu of installing the Required Public Improvements within the time period
prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any
portion thereof shall deposit cash or other collateral with the City Director of Finance,
or with any bank or trust company licensed in the State of Colorado, subject to an
escrow agreement approved by the City Attorney. The holder of such cash or
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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.
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.
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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
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
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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
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
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Cifberrlt Orttiz C1erk!P,acorder, Pueblo C7ounty..I'Co
1111 wl IOIII IItA fl !MCI ,)III
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.
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.
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Gilbert Ortiz: Clerk/Recorder P,Jeblo County, Co
1111 kir 17.1 54'I MfyitgrilP i )I%11h f,1F1h'li kvh 11 II
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.
Housing Authority of t City of Pueblo, Colorado,a corporate body politic
Subdivider
n
(SEAL) By: . (jt7..,,4/271,1../C4-t.)
By: EjC•()Ccam 't. / _).(_/2-C.(-4-4-
The foregoing instrument was acknowledged before me on ,
,by Housing Authority of the City of Pueblo, Colorado,a corporate body politic , Subdivider.
My commission expires: C 3)0Z124
C-6AA-, A IL.).al ___---
Notary Public
CHERYL L.WILKERSON
NOTARY CITY OF PUEBLO, a Municipal Corporation
STATE OF COLORADO
NOTARY ID# 19964004153 / /
MY COMMISSION EXPIRES 03/08/2024
440 ' Mayor of Pueblo, Colorado
ATTEST: ° ' -= ii.
city Cly 4t4q
STATE OF COLORADO ) _ ;
) ss. Jcce:Z49 i
COUNTY OF PUEBLO ) `-.. G '
The foregoi ins ment was acknowledged before me his day/of
, 1 ;,/ by X. i'CI- C•7 4,-a a/.5-a,4 , as
Mayor of geblo, olorado, and Gii-v3 c< _ _ Nir,fi../.L as City Clerk of the City of
Pueblo, Colorado.
Witness my hand and official seal.
My commission expires: 70/0/26Z-3
Eilene Tracey Sample
NOTARY PUBl1C CLO, c 40-1) /
SEAL STATE OF COLORADO Not..0 'ublic
NOTARY ID#20074036010
MY COMMISSION EXPIRES 1010:2023
APPROVED AS TO FORM:
.0 7o,.,Q,t,,K6
City Attorney
}
<411
2435 Research Parkway,Suite 300
atrIColorado Springs,Colorado 80920
Phone:719-575-01o0
www.matrixdesigngroup.com
EXHIBIT A
LEGAL DESCRIPTION
(UPLANDS TOWNHOMES-FILING 3 PLAT)
(2)TWO PARCELS OF LAND BEING A PORTION OF HOUSING SUBDIVISION RECORDED ON MAY 24, 1952 IN
THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PUEBLO UNDER RECEPTION NUMBER
913457(BOOK 16, PAGE 3),A PORTION OF LOT 13,BLOCK 23 OF UPLANDS PARK RECORDED ON
FEBRUARY 19, 1886 IN SAID RECORDS IN BOOK 2B AT PAGES 33-34 AND A PORTION OF UPLANDS
TOWNHOMES FILING NO.2 RECORDED ON DECEMBER 6,2019 IN SAID RECORDS UNDER RECEPTION
NUMBER 2161535; LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 11,TOWNSHIP 21 SOUTH,
RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN;MORE PARTICULARLY DESCRIBED AS FOLLOWS WITH
BEARINGS REFERENCED TO THE NORTH LINE OF SAID HOUSING SUBDIVISION, MONUMENTED ON THE
WEST END BY A FOUND 1-1/2"ALUMINUM TAG STAMPED"MANGINI REEVES INC, PLS 22101"AND ON
THE EAST END BY A FOUND 1"YELLOW PLASTIC CAP STAMPED"CARDINAL, PLS 22101"(A 1-FOOT
WITNESS CORNER),AND IS ASSUMED TO BEAR NORTH 88°54'18"EAST 1253.48 FEET.
PARCEL 1
COMMENCING AT THE WEST END OF SAID NORTH LINE;SAID POINT BEING ALSO THE NORTHWEST
CORNER OF SAID HOUSING SUBDIVISION AND A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH a+
PRAIRIE AVENUE;THENCE NORTH 88°54'18" EAST,ON SAID NORTH LINE OF HOUSING SUBDIVISION,A cs,
DISTANCE OF 381.43 FEET TO THE POINT OF BEGINNING; cd
THENCE CONTINUE NORTH 88°54'18" EAST ON SAID NORTH LINE,A DISTANCE OF 230.44 FEET TO THE r~0-
4 - Noma
NORTHWESTERLY CORNER OF SAID UPLANDS TOWNHOMES FILING NO.2; 23,111
co
THENCE ON THE EXTERIOR OF SAID UPLANDS TOWNHOMES FILING NO.2 THE FOLLOWING(4)FOUR o .C°
COURSES: • m
eD`o-A
1. THENCE SOUTH 01°05'42"EAST,A DISTANCE OF 178.95 FEET; Ncd m
NRS
2. THENCE SOUTH 89°26'28"WEST,A DISTANCE OF 32.02 FEET; o Y
3. THENCE SOUTH 01°06'56"EAST,A DISTANCE OF 60.09 FEET; " •
y
4. THENCE SOUTH 44°14'08"WEST,A DISTANCE OF 41.63 FEET TO A 184.06 FOOT RADIUS NON-
TANGENT CURVE WHOSE CENTER BEARS NORTH 13°35'26"WEST,BEING ALSO THE NORTHERLY @(4-
RIGHT-OF-WAY
RIGHT-OF-WAY LINE OF TRIBAL NATIONS AVENUE,AS SHOWN ON THE PLAT OF SAID UPLANDS mr-"
TOWNHOMES FILING NO.2; N•rn a;
coo or°
THENCE ON SAID EXTERIOR THE FOLLOWING(4)FOUR COURSES:
1. THENCE WESTERLY ON SAID CURVE,THROUGH A CENTRAL ANGLE OF 05°56'58",AN ARC
DISTANCE OF 19.11 FEET TO A 28.73 FOOT RADIUS NON-TANGENT CURVE WHOSE CENTER
BEARS NORTH 07°32'42"WEST;
2. THENCE WESTERLY ON SAID CURVE,THROUGH A CENTRAL ANGLE OF 51°19'09",AN ARC
DISTANCE OF 25.74 FEET;
3. THENCE NORTH 46°13'38"WEST,A DISTANCE OF 64.92 FEET;
4. THENCE SOUTH 43°46'26"WEST,A DISTANCE OF 2.99 FEET TO THE NORTHEASTERLY CORNER OF
SITTER PLACE,AS SHOWN ON THE PLAT OF SAID HOUSING SUBDIVISION;
THENCE NORTH 46°05'32"WEST ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID SITTER PLACE,A
DISTANCE OF 22.57 FEET;
THENCE NORTH 48°21'35"EAST,A DISTANCE OF 17.11 FEET;
THENCE NORTH 01°06'04"WEST,A DISTANCE OF 47.47 FEET;
tJ ]v., t ., uCi. of r ry5 rf70(:ftlf •^-1;trij?.Irr to, ' ; i CFS.,'; }•. .7fS r7t f;r,. . .. '•%`. :. f _
j;•7 y
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
■III Piiir it nEakI ICNI16014F 11N ralirli ii UI III
THENCE SOUTH 88°53'56"WEST,A DISTANCE OF 76.58 FEET;
THENCE NORTH 00°38'19"WEST,A DISTANCE OF 144.77 FEET TO THE POINT OF BEGINNING.
THE ABOVE PARCEL DESCRIPTION CONTAINS A CALCULATED AREA OF 47,937 SQUARE FEET OR(1.10048
ACRES),MORE OR LESS,AND IS DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR REFERENCE.
PARCEL 2
COMMENCING AT THE WEST END OF SAID NORTH LINE OF HOUSING SUBDIVISION;SAID POINT BEING
ALSO THE NORTHWEST CORNER OF SAID HOUSING SUBDIVISION AND A POINT ON THE EAST RIGHT-OF-
WAY LINE OF SOUTH PRAIRIE AVENUE;
THENCE SOUTH 01°05'45" EAST ON SAID EAST RIGHT-OF-WAY LINE,A DISTANCE OF 477.95 FEET TO THE
POINT OF BEGINNING;
THENCE NORTH 88°53'56"EAST,A DISTANCE OF 260.82 FEET;
THENCE NORTH 01°06'02"WEST,A DISTANCE OF 83.87 FEET;
THENCE NORTH 88°54'36" EAST,A DISTANCE OF 178.06 FEET;
THENCE NORTH 00°50'50"WEST,A DISTANCE OF 49.79 FEET;
THENCE NORTH 89°45'13"EAST,A DISTANCE OF 22.78 FEET;
THENCE NORTH 01°06'04"WEST,A DISTANCE OF 46.64 FEET TO THE EXTERIOR OF SAID UPLANDS
TOWNHOMES FILING NO.2, BEING ALSO THE SOUTHERLY RIGHT-OF-WAY LINE OF SITTER PLACE,AS
SHOWN ON THE PLAT OF SAID UPLANDS TOWNHOMES FILING NO.2;
THENCE ON SAID EXTERIOR,SAID SOUTHERLY RIGHT-OF-WAY LINE,AND THE SOUTHERLY RIGHT-OF-WAY
LINE OF TRIBAL NATIONS AVENUE,AS SHOWN ON THE PLAT OF SAID UPLANDS TOWNHOMES FILING NO.
L THE FOLLOWING(2)TWO COURSES:
1. THENCE SOUTH 46°13'38" EAST,A DISTANCE OF 15.21 FEET TO A 72.76 FOOT RADIUS NON-
TANGENT CURVE WHOSE CENTER BEARS NORTH 43°46'21"EAST;
2. THENCE SOUTHEASTERLY ON SAID CURVE,THROUGH A CENTRAL ANGLE OF 15°53'10",AN ARC
DISTANCE OF 20.17 FEET TO A 75.64 FOOT RADIUS NON-TANGENT CURVE WHOSE CENTER
BEARS NORTH 27°59'04" EAST;
THENCE CONTINUE ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF TRIBAL NATIONS AVENUE THE
FOLLOWING(7)SEVEN COURSES:
1. THENCE EASTERLY ON SAID CURVE,THROUGH A CENTRAL ANGLE OF 23°09'13",AN ARC
DISTANCE OF 30.57 FEET TO A 300.00 FOOT RADIUS REVERSE CURVE;
2. THENCE EASTERLY ON SAID REVERSE CURVE,THROUGH A CENTRAL ANGLE OF 10°01'39",AN ARC
DISTANCE OF 52.50 FEET TO A 39.00 FOOT RADIUS COMPOUND CURVE;
3. THENCE SOUTHEASTERLY ON SAID CURVE,THROUGH A CENTRAL ANGLE OF 25°37'02",AN ARC
DISTANCE OF 17.44 FEET TO A 63.17 FOOT RADIUS REVERSE CURVE;
4. THENCE EASTERLY ON SAID REVERSE CURVE,THROUGH A CENTRAL ANGLE OF 83°11'16",AN ARC
DISTANCE OF 91.72 FEET TO A 38.83 FOOT RADIUS REVERSE CURVE;
5. THENCE NORTHEASTERLY ON SAID REVERSE CURVE,THROUGH A CENTRAL ANGLE OF 25°31'58",
AN ARC DISTANCE OF 17.30 FEET TO A 301.18 FOOT RADIUS COMPOUND CURVE;
6. THENCE EASTERLY ON SAID CURVE,THROUGH A CENTRAL ANGLE OF 08°14'17",AN ARC
DISTANCE OF 43.30 FEET;
7. THENCE NORTH 88°54'27" EAST,A DISTANCE OF 527.92 FEET TO THE EXTERIOR OF SAID
UPLANDS TOWNHOMES FILING NO.2, BEING ALSO THE WESTERLY RIGHT-OF-WAY LINE OF
ACERO AVENUE;
rx att;fw PNAThi, / 7J71;. .o Atl f' ,., . rat rP . ti;._ '7)c 'i :' , rfi ,
'
•
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Gilbert Ortiz Clerk/Recorder, P.eblo County; Co
•
VIII N Arl 13Kuhl FI « AII A f'A! ' 14laNaY'i 111!1
THENCE SOUTH 01°05'33"EAST ON SAID EXTERIOR AND SAID WESTERLY RIGHT-OF-WAY LINE,A
DISTANCE OF 31.69 FEET TO THE SOUTHEASTERLY CORNER OF SAID UPLANDS TOWNHOMES FILING NO.2,
BEING ALSO THE NORTHEASTERLY CORNER OF SAID LOT 13,BLOCK 23 OF UPLANDS PARK;
THENCE CONTINUE SOUTH 01°05'33"EAST ON SAID EXTERIOR AND SAID WESTERLY RIGHT-OF-WAY LINE,
A DISTANCE OF 297.23 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 13,BLOCK 23 OF UPLANDS
PARK. BEING ALSO THE INTERSECTION OF SAID WESTERLY RIGHT-OF-WAY LINE WITH THE NORTHERLY
RIGHT-OF-WAY LINE OF SPRAGUE AVENUE;
THENCE SOUTH 88°54'57"WEST ON SAID EXTERIOR AND SAID NORTH RIGHT-OF-WAY LINE,A DISTANCE
OF 626.63 FEET TO THE SOUTHWEST CORNER OF SAID LOT 13,BLOCK 23 OF UPLANDS PARK AND THE
SOUTHEAST CORNER OF BLOCK 3 OF SAID HOUSING SUBDIVISION;
THENCE CONTINUE SOUTH 88°54'57"WEST ON THE EXTERIOR OF SAID HOUSING SUBDIVISION AND SAID
NORTH RIGHT-OF-WAY LINE,A DISTANCE OF 626.81 FEET THE SOUTHWEST CORNER OF SAID HOUSING
SUBDIVISION,BEING ALSO THE INTERSECTION OF SAID NORTH RIGHT-OF-WAY LINE WITH SAID EAST
RIGHT-OF-WAY LINE OF SOUTH PRAIRIE AVENUE;
THENCE NORTH 01°05'45"WEST ON SAID EXTERIOR AND SAID EAST RIGHT-OF-WAY LINE,A DISTANCE OF
181.65 FEET TO THE POINT OF BEGINNING.
THE ABOVE PARCEL DESCRIPTION CONTAINS A CALCULATED AREA OF 359,855 SQUARE FEET OR(8.26114
ACRES),MORE OR LESS,AND IS DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR REFERENCE.
THE OVERALL PARCEL DESCRIPTION CONTAINS A CALCULATED AREA OF 407,792 SQUARE FEET OR
(9.36162 ACRES),MORE OR LESS,AND IS DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR
REFERENCE.
DO REG/
%-VOA•• 'J •• 'P .,,',
9 . a
s ys s
7042 >
•°`12I63I2O2U
ALLANd`'J=
PATRICK S.JERNIGAN,PLS 37042
PREPARED FOR AND ON BEHALF OF
MATRIX DESIGN GROUP,INC.
2435 RESEARCH PKWY,SUITE 300
COLORADO SPRINGS,CO 80920
PH.(719)575-0100
Denver Colorado Springs Phoenix Anniston Atlanta Omaha Parsons Pueblo Sacramento Washington,Y.C.
nutria esig;graupccnr
to `'S 5
2283788 07/08/2022 03:14:36 PM
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+ irt Orti.z Clerk/Recorder, Pueblo County, Co
•i !rr 1f laliri11 Pc SRI Ll .Plik liallMiliii 11111
P.O.C.
FOUND 1-1.2"ALUMINUM TAG
PLS 22101 FND 1"YELL. PLAS. CAP, PLS 22101
I I t. 7 _ OCCIDENTAL PLACE SECOND FILING — » 8 I
OCK s -BLOCK I I REC. N0. 45366 _BLOCK_ 1°BLOCK
15 to 3 N88°54'18"E 1253.48' 15 _ 2 _ 's 1 'o I
--1 I 14 4 11 "(BASIS OF BEARINGS)13 12 14 12 N
13 12 13 .
— — — 381.43' 230.44' —
BLOCK 1 En F- P.O.B.
°0 4 PARCEL 1 = UPLANDS TOWNHOMES
— z L10 L2 FILING NO. 2
' ES SITTER PLACE ° Q,' REC. NO. 2161535 I '
': — — — _ L8 \-j• C2 FUTURE PLAT S1°05'33"E
Wmrrs. L7 !S . - BOUNDARY 31.69'
'J w BLOCK 2 L6 • • • b
I HOUSING SUBDIVISION ip.1..,F 5C1 TR/BAL NATIONSAI/ENUE
QI o BK 16PG3 L14 • C G9W - L12 •.• •••• C7 — — — — N88°54'27"E 527.92'=_-- — —
L11
z N 1°06'02"W ° ' C4 I C8 N
hF I 83.87'—• . / C6 ►-
I N88°53'56"E 260.82' j 5C3 N j
' ' CRAWFORD STREET / L13 1 LOT 13, BLOCK 23 1J I
_ PARCEL 2 UPLANDS PARK M j
`r' `r' P.O.B. c BK 2B PG 33-34 i e I
0. o R
o m PARCEL 2 BLOCK 3 c W
I—Z ° °Q
- S88°54'57"W 626.81' - I - _ —S88°54'57"W 626.63' -
SPRAGUE AVENUE _ I r— -_ _ -—I 1
N
I
100' 0 200'
I
SCALE:V=200'
PARCEL 1 AREA 47,937 SQ. FT. 1.10048 (ACRES)
PARCEL 2 AREA 359,855 SQ. FT. 8.26114(ACRES)
OVERALL AREA 407,792 SQ. FT. 9.36162 (ACRES)
2435 Research Parkway UPLANDS TOWNHOMES
Suite 300 FILING NO. 3 PLAT
441
ic Colorado Springs,CO. 80920 EXHIBIT "A"
Ii Fi *' t rPhone 719-575-0100
I Fax 719-575-0208 CHECKED BY: PSJ DATE:DECEMBER 03,2020 4 OF 5
JN: 18.1003.001
S:\18.1003.001 Uplands Townhomes\700 Survey\Legal Descriptions\Uplands Townhomes Plat Phases\FILING 3\Uplands Plat FILING 3 Exhibit.dwg
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`
Gert Ortiz Clerk/RecorCer, Pueblo County. Co
1111 krOILAVViht liti!'k11'4'61, Li 11111
LINE TABLE CURVE TABLE
LINE BEARING LENGTH CURVE DELTA RADIUS LENGTH CHORD BEARING CHORD LENGTH
L1 S01°05'42"E 178.95' Cl 5°56'58" 184.06' 19.11' S79°23'03"W 19.10'
L2 S89°26'28"W 32.02' C2 51°19'09" 28.73' 25.74' N71°53'08"W 24.88'
L3 S01°06'56"E 60.09' C3 15°53'10" 72.76' 20.17' S54°10'14"E 20.11'
L4 S44°14'08"W 41.63' C4 23°09'13" 75.64' 30.57' S73°35'33"E 30.36'
L5 N46°13'38"W 64.92' C5 10°01'39" 300.00' 52.50' S80°09'20"E 52.44'
L6 S43°46'26"W 2.99' C6 25°37'02" 39.00' 17.44' S62°20'00"E 17.29'
L7 N46°05'32"W 22.57' C7 83°11'16" 63.17' 91.72' N88°52'54"E 83.87'
L8 N48°21'35"E 17.11' C8 25°31'58" 38.83' 17.30' N60°03'15"E 17.16'
L9 N01°06'04"W 47.47' C9 8°14'17" 301.18' 43.30' N76°56'22"E 43.27'
L10 S88°53'56"W 76.58'
L11 N88°54'36"E 178.06'
L12 N00°50'50"W 49.79'
L13 N89°45'13"E 22.78'
L14 N01°06'04"W 46.64'
L15 S46°13'38"E 15.21'
PARCEL 1 AREA 47,937 SQ. FT. 1.10048 (ACRES)
PARCEL 2 AREA 359,855 SQ. FT. 8.26114 (ACRES)
OVERALL AREA 407,792 SQ. FT. 9.36162 (ACRES)
2435 Research Parkway UPLANDS TOWNHOMES
Suite 300 FILING NO. 3 PLAT
• Colorado Springs,CO. 80920 EXHIBIT "A"M r x Phone 719-575-0100 Fax 719-575-0208 CHECKED BY: PSJ DATE:DECEMBER 3,2020 5 OF 5
JN: 18.1003.001
S:\18.1003.001 Uplands Townhomes\700 Survey\Legal Descriptions\Uplands Townhomes Plat Phases\FILING 3\Uplands Plat FILING 3 Exhibit.dwg
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Gilbert Ortiz Clerk/Rercrder, Pueblo County, Co
VIII KrivIdierieRl
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: Crawford Townhomes (Uplands Townhomes Phase 3)
DEVELOPER: Housing Authority of the City of Pueblo
ENGINEER: Matrix Design Group
Itemization of Required Public Improvements
(Use Unit Prices Approved by Public Works in Preparation of Exhibit"B")
This is an estimate only. Actual construction costs may vary.
PREPARED BY: Trevor Stevens
FIRM: Matrix Design Group
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.
[P.E. SEAL] ,e90+I4-
Professiona Eng eer Date
0- ,DO 1k;ttl ,
ra 2 34
/5125((
/ •
111 'hV ihitz
RE
Director of Public Works Date
DPW 101 8
August 2019
L*iii Matrix
Excellence by Design
Crawford Townhomes(Uplands Townhomes Phase 2B)
Conceptual Opinion of Probable Construction Costs
Public Infrastructure
June 29,2022
Section 1 I ARTHWORK Quantity Unit Average Unit Cost Total Cost
1.1* Project Safety/Fencing 1 Is $ 50,000.00 $ 50,000
1.2 Earthwork Cut/Fill 640 cy $ 2.20 $ 1,408
1.3* Earthwork Export 625 cy $ 32.75 $ 20,469
1.4* Fine Grading 3,959 sy $ 3.15 $ 12,471
1.5* Erosion Controls 1 Is $ 70,000.00 $ 70,000
$ 154,348
Section 2 ST12t1T AND SIDE WALKS Quantity Unit Average Unit Cost Total Cost
2.1* 4"Thick Hot Bituminous Pavement(32'width urban local) 21 tons $ 90.79 $ 1,939
2.2* 6"Colored Concrete w/Fiber Mesh 390 sf $ 5.00 $ 1,949
2.3 6"Concrete on Compacted Subgrade 954 sf $ 4.00 $ 3,815
2.4* Class VI aggregate Base Course(6"depth) 164 cy $ 57.50 $ 9,453
2.5 Sidewalks(5.5'both sides) 11,539 sf $ 3.00 $ 34,617
2.6 6"Vertical or Ramp Curb&Gutter 2,267 If $ 12.00 $ 27,208
2.7* Cross Pan 241 If $ 63.00 $ 15,154
2.8 A.D.A.Pedestrian Curb Ramps 1,320 sf $ 4.00 $ 5,282
2.9 T-intersection 1 ea $ 325.00 $ 325
2.10 Warning 2 ea $ 115.00 $ 230
2.11 Perform Thermoplastic(crosswalk,stopbars) 48 If $ 3.00 $ 144
$ 100,116
Section 3 SANITARY SI WI 12 IMPROVEMENTS Quantity Unit Average Unit Cost Total Cost
3.1* Connect to existing ' 2 ea $ 3,750.00 $ 7,500
3.2 8"PVC Sanitary Sewer 1,023 If $ 35.00 $ 35,805
3.3 8"PVC Sanitary Sewer Stub 18 If $ 35.00 $ 630
3.4' Removal of Existing 10"PVC Sanitary Sewer 112 If $ 65.00 $ 7,280
35* Removal of Sanitary Manhole 1 ea $ 1,000.00 $ 1,000
3.6 Sanitary Manhole 9 ea $ 2,500.00 $ 22,500
$ 74,715
Section 4 WATI 12 IMPI2OVI MI NTS Quantity Unit Average Unit Cost Total Cost
4.1' Connect to existing 2 ea $ 25,000.00 $ 50,000
4.2 6"Main(Including valves and fittings) 43 If $ 47.50 $ 2,062
4.3 8"Main(Including valves and fittings) 962 If $ 55.00 $ 52,910
4.4' Water Lowering 1 ea $ 2,000.00 $ 2,000
4.5 Fire Hydrant Assembly 2 ea $ 3,250.00 $ 6,500
$ 113,472
Section 5 StktF TI(GUTS Quantity Unit Average Unit Cost Total Cost
5.1 Streetlights 26 ea $ 1,450.00 $ 37,700
$ 37,700
Section 6 DRAINAGE Quantity Unit Average Unit Cost Total Cost
6.1 18"RCP Pipe 61 If $ 41.00 $ 2,496
6.2 18"HDPE Pipe 79 If $ 41.00 $ 3,227
6.3 30"RCP Pipe 36 If $ 66.00 $ 2,364
6.4 36"RCP Pipe 456 If $ 71.00 $ 32,392
6.5* 30"x19"Horizontal Ellipitical RCP 72 .If $ 100.00 $ 7,174
6.6' 18"Flared End Section 1 ea $ 400.00 $ 400
6.7 Storm Manhole 5 ea $ 2,465.00 $ 12,325
6.8' Full Spectrum Underground Water Quality/Detention Facilities 3 ea $ - $ -
Note:Onsite detention facilities are privately owned. $ 60,378
2283788 07/08/2022 03:14:36 PM
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
1111 RWPISI i INi li4tf'L ttYikailliKiFl=il ttYLtii111111
Section 7 LANDSCAPE Quantity Unit Average Unit Cost Total Cost
7.1• Streetscape&Irrigation 26,550 sf $ 5.00 $ 132,750
$ 132,750
TOTAL $ 635,779
General Notes:
Since ENGINEER has no control over the costs of labor,materials,equipment,services provided by others,or over the Contractors method of determining pricing,or over the competitive
1 bidding or market conditions,the opinion of probable cost provided herein are made on the basis of experience and qualifications.Engineer cannot and does not guarantee that proposals,
bids or actual Projects or construction Cost will not vary from this opinon of probable costs.
2 This summary of probable construction cost was prepared for estimating purposes only.Matrix Design Group cannot be held responsible for variances from this estimate as actual costs
may vary due to bid and market fluctuations.
3 Unit Prices are taken from City of Pueblo Standard Unit Price List fro Exhibit"B".'Denotes items not included on the City of Pueblo Standard Unit Price List fro Exhibit"B".
4 This cost opinion does not include estimates for land acquisition,development or construction permitting,environmental remediation or special handling of materials other than identified
within the cost opinon line items.
5 Cost Opinion has been performed using quantities from the Crawford Townhomes(Uplands Townhomes Phase 2B)by Matrix Design Group,February 2022.Some cost utilized have been
provided by others based on recent construction projects within the City of Pueblo geographic region.
2283788 07/08/2022 03:14:36 PM
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Gilbert Ortiz ClericiRecorder, Pueblo County. Co
VIII I ! s,ril' a i ' r ihi t! ' ' 'u44114M I` ti t L k III II
Reception 2283789
07/08/2022 03. 14:36 PM
STORMWATER FACILITY MAINTENANCE
AGREEMENT
This Stormwater Maintenance Agreement is entered into this 6th day of July
20 22,by and between Pueblo,a municipal corporation("the City")and Housing Authority of the City
of Pueblo Colorado,a corporate body politic (the"Owner"),and collectively referred to
as the"Parties".
RECITALS
WHEREAS,Owner owns certain real property located in the City of Pueblo legally described as follows:
See attached Exhibit A(five pages)
and more commonly known as Uplands Townhomes Filing No.3 (the"Property");and
WHEREAS,a Drainage Report and Plan("Plan")for the Property has been approved by the City subject
to and conditioned upon faithful performance by Owner of all duties created by this Agreement;and
WHEREAS,said Plan provides for stormwater management facilities including such facilities intended to
reduce,detain,convey,and manage stormwater runoff and also water quality facilities(collectively referred to
as"Facilities");and
WHEREAS,the Facilities shown on the Plan shall be constructed and adequately maintained by the Owner;
and
WHEREAS,the City requires that the Owners submit an Operation and Maintenance Manual("0&M
Manual")as specified by the City.
NOW,THEREFORE,in consideration of the foregoing and mutual covenants contained herein,the sufficiency
of which is mutually acknowledged,the Parties agree as follows:
AGREEMENT
I. The Owner shall maintain the Facilities as described in the Plan to ensure that such Facilities are and
will remain in proper working condition in accordance with the approved 0&M Manual and other
applicable legal requirements.Maintenance shall include,but not be limited to,routine landscaping,
sediment removal,repair,reconstruction,or replacement of the Facilities as necessary to meet the
requirements of this Agreement.
2. The maintenance of the Facilities shall be performed in accordance with the 0& M Manual
for the Facilities.
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Gilbert Ortiz ClerkfRecorder. Pueblo County. Go
1111 I IIPtArrhirlOWI 1sr0:k1M19114Rk I�rrr�tir�r 11111
3. The Owner shall cause the inspections of the Facilities to be conducted as follows:
a. The Owner agrees to cause inspections of the Facilities,at the Owner's expense at least once
every calendar year.
b. An inspection report for the facilities shall be submitted in writing to the City for each calendar
yearby no later than April I'of the following year.The inspection report shall be in accordance
with the requirement set forth in the 0&M Manual.
c. The Owner agrees to perform promptly all needed maintenance and repairs and report such activity to
the City pursuant to the 0&M Manual.
4. The Owner,hereby,grants,bargains and conveys to the City,officers,agents,and employees an easement
over the Property for access from public rights-of-way,abutting private roadways,and/or private
driveways,to the Facilities for the purpose of inspecting,operating,installing,constructing,
reconstructing,maintaining,repairing or replacing the Facilities to the extent that the Owner fails to do so
and asnecessary to ensure their proper working condition as provided in paragraphs one and twoabove.
5. In the event the Owner fails to inspect,report,or properly maintain the Facilities within thirty(30)days
after written notice by the City of such deficiencies to the Owner,the City may enter upon the Property
and take whatever steps it deems necessary to maintain or repair the Facilities and bill the owner forsuch
expense plus an administrative charge of 15%. However, if the Owner's failure to properly maintain the
facilities could cause damage to property, loss of life or violation of a NPDES MS-4 Permit,the City may
take immediate action,without notice to the Owner,to maintain or repair the Facilities. It is expressly
understood and agreed that the City is under no obligation to maintain or repair the Facilities,and in no
event shall this Agreement be considered to impose any such obligation on the City.
6. The Owner agrees that it will not at any time dedicate the Facilities to the public,to public use or to the
City without the City's written consent,nor will it subdivide or convey the Property without a covenant
providing that a proportional share of the cost of maintenance and other costs associated with any other
of the obligations and duties contained herein runs with each subdivided part of the original tract or parcel
of land.
7. In an event of emergency involving the Facilities,the City, its officers,agents,and employees may enter
immediately upon the Property and take whatever reasonable steps it deems necessary to meet the
emergency.The City shall notify the Owner of such emergency and entry as soon as possible but in no
event later than twenty-four(24)hours after such entry.Alternatively,the City may notify the Owner by
phone to take whatever reasonable action is necessary within a specified time period. Should the Owner
fail to respond,or should the Owner inform the City that it intends to not respond within the specified
period of time,the City,its officers,agents,and employees may enter immediately upon the emergency.
8. The City shall not pay any compensation at any time for its use of the Property in any way necessary for the
inspections and maintenance of the Facilities, including access to the Facilities.
2283789 @7/08/2022 03.14'36 PM
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Gilbert Ortiz Cierk/Recorder Pueblc County, Co
illi kird117%11i1:ENINIII IIG;A'I4 I111! Li Ike, 11111
9. In the event the City,pursuant to this Agreement,performs work or expends any funds reasonably
necessary for the maintenance or repair of the Facilities,including labor,equipment,supplies and materials,
the Owner agrees to reimburse the City within thirty (30)days after the City gives the Owner written
notice of such expense. If the Owner or its successors or assigns fail to make timely payment as required
herein, interest on such payment shall accrue at the rate of 1.5%per month until paid in full.
10. Any amount owed to the City and not paid within thirty(30)days of notification shall be the joint and
several obligation of any owner of record of the Property or any portions thereof served by the Facilities
and any successors in interest to such owner on the date such maintenance or repair was performed.
11. The Owner,its successors,and assigns shall indemnify and hold harmless the City,its officers,agents,and
employees for any and all damages,accidents,casualties,occurrences or claims which might arise or be
asserted against the City arising out of or resulting from the construction,presence,existence of
maintenance or use of the Facilities.The Owner shall notify the City when the Owner transfers its interest
in the Property or any portion thereof. The Owner shall provide the City with a copy of any such deed.
12. The responsibilities and obligations of the Owner shall constitute a covenant running with the land,and
shall be binding upon all present and subsequent owners,their administrators,executors, assigns, heirs,and
any other successors in interest so long as they own an interest in the Property or any portion thereof served
by the Facilities.
13. The Owner acknowledges that any future site plan,master plan,drainage plan or other process determined
by the City to be a final plan,shall include the following language: "The property owner,its successors,
and assigns shall be responsible for maintenance of the Stormwater Facilities pursuant to the Operations
and Maintenance(0&M)Manual and all permanent Best Management Practices(BMPs). Requirements
include,but are not limited to,installing the specified BMPs contained in the Drainage Reportand Plan and
maintaining the Facilities as shown in the 0&M Manual as approved by the City. If the Facilities are not
properly maintained,the City may provide necessary maintenance and assess the cost to the Owner of the
property in accordance with the Stormwater Facility Maintenance Agreement approved by the City and
recorded at the Pueblo County Clerk and Recorder's Office."
14. This Agreement shall be recorded at the Pueblo County Clerk and Recorder's Office.
IS. In the event either of the Parties hereto files a lawsuit to enforce the terms of the Agreement,theprevailing
party shall be entitled to its reasonable costs and attorney fees.
[Remainder of this page left intentionally blank]
2288g3789 07/08/2022 03:14:36 PM
PaGilbert4Cofr1. RClerk/Recorder Pueblo CoJnttyy, Co
IIIA PlifakIlliii"iliglrelifil,3110,VINIKAISlyi, Ill it
IN WITNESS WHEREOF,the City and the Owner have executed this Agreement on the date set forth above.
CITY: 4
, ..
By:
Jeff Ha i s,Director of Stormwater
Approved as to form:
/*14i4e4
City Attorney
Sot
OWNER:
Housing Authority of the City of Pueblo,Colorado,a corporate body politic
By. ..
teven L.Trujillo,Executive Director
22883789 07/08/2022 0:3.14 :36 PM
Page: 5o of 14rtiz 1ePkr78.00 D, p,001T 78u .00GilbCc
III
ACKNOWLEDGEMENT
State of Colorado
)ss
County of Pueblo
The foregoing instrument was acknowledged before me this day of July ,2022 by tue_
L. Er;��x\�.L as Ey.-e e 17,c rcr of the
11,t (R\..\ o Pus-VA u ,a e c c eor c ) i#c corporation,on behalf of the corporate n.
[seal] al4,49Notary Plic
My Commission Expires:
03/0 /2 V
CHERYL L. VV1UCERSON
NOTARY PUBUC
STATE OF COLORADO
NOTARY ID#19964004153
MY COMMISSION EXPIRES 03/08/2024
2435 Research Parkway,Suite 300
1tYColorado Springs,Colorado 80920
Phone:719-575-0100
www.matrixdesigngrouo.com
EXHIBIT A
LEGAL DESCRIPTION
(2)TWO PARCELS OF LAND BEING A PORTION OF HOUSING SUBDIVISION RECORDED ON MAY 24, 1952 IN
THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PUEBLO UNDER RECEPTION NUMBER
913457(BOOK 16, PAGE 3),A PORTION OF LOT 13, BLOCK 23 OF UPLANDS PARK RECORDED ON ai
FEBRUARY 19, 1886 IN SAID RECORDS IN BOOK 2B AT PAGES 33-34 AND A PORTION OF UPLANDS
TOWNHOMES FILING NO.2 RECORDED ON DECEMBER 6, 2019 IN SAID RECORDS UNDER RECEPTION
0
JIB
NUMBER 2161535; LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 11,TOWNSHIP 21 SOUTH, ,,of
RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN; MORE PARTICULARLY DESCRIBED AS FOLLOWS WITH
BEARINGS REFERENCED TO THE NORTH LINE OF SAID HOUSING SUBDIVISION, MONUMENTED ON THE
WEST END BYA FOUND 1-1/2"ALUMINUM TAG STAMPED"MANGINI REEVES INC, PLS 22101"AND ON a~o�
THE EAST END BY A FOUND 1"YELLOW PLASTIC CAP STAMPED"CARDINAL, PLS 22101" (A 1-FOOT wm m ti
WITNESS CORNER), AND IS ASSUMED TO BEAR NORTH 88°54'18"EAST 1253.48 FEET. csa
-"o1(ii�y
PARCEL 1 ma
COMMENCING AT THE WEST END OF SAID NORTH LINE;SAID POINT BEING ALSO THE NORTHWEST moet 76
wx
CORNER OF SAID HOUSING SUBDIVISION AND A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH • - —
PRAIRIE AVENUE;THENCE NORTH 88°54'18"EAST,ON SAID NORTH LINE OF HOUSING SUBDIVISION,A ago
DISTANCE OF 381.43 FEET TO THE POINT OF BEGINNING; m't!1
THENCE CONTINUE NORTH 88°54'18" EAST ON SAID NORTH LINE,A DISTANCE OF 230.44 FEET TO THE coto ""
co..t
NORTHWESTERLY CORNER OF SAID UPLANDS TOWNHOMES FILING NO. 2; �f- =
ji t9
THENCE ON THE EXTERIOR OF SAID UPLANDS TOWNHOMES FILING NO.2 THE FOLLOWING (4)FOUR NNar6.'a
COURSES:
1. THENCE SOUTH 01°05'42"EAST,A DISTANCE OF 178.95 FEET;
2. THENCE SOUTH 89°26'28"WEST,A DISTANCE OF 32.02 FEET;
3. THENCE SOUTH 01°06'56"EAST,A DISTANCE OF 60.09 FEET;
4. THENCE SOUTH 44°14'08"WEST,A DISTANCE OF 41.63 FEET TO A 184.06 FOOT RADIUS NON-
TANGENT CURVE WHOSE CENTER BEARS NORTH 13°35'26"WEST, BEING ALSO THE NORTHERLY
RIGHT-OF-WAY LINE OF TRIBAL NATIONS AVENUE,AS SHOWN ON THE PLAT OF SAID UPLANDS
TOWNHOMES FILING NO.2;
THENCE ON SAID EXTERIOR THE FOLLOWING(4) FOUR COURSES:
1. THENCE WESTERLY ON SAID CURVE,THROUGH A CENTRAL ANGLE OF 05°56'58",AN ARC
DISTANCE OF 19.11 FEET TO A 28.73 FOOT RADIUS NON-TANGENT CURVE WHOSE CENTER
BEARS NORTH 07°32'42"WEST;
2. THENCE WESTERLY ON SAID CURVE,THROUGH A CENTRAL ANGLE OF 51°19'09",AN ARC
DISTANCE OF 25.74 FEET;
3. THENCE NORTH 46°13'38"WEST,A DISTANCE OF 64.92 FEET;
4. THENCE SOUTH 43°46'26"WEST,A DISTANCE OF 2.99 FEET TO THE NORTHEASTERLY CORNER OF
SITTER PLACE,AS SHOWN ON THE PLAT OF SAID HOUSING SUBDIVISION;
THENCE NORTH 46°05'32"WEST ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID SITTER PLACE,A
DISTANCE OF 22.57 FEET;
THENCE NORTH 48°21'35"EAST,A DISTANCE OF 17.11 FEET;
THENCE NORTH 01°06'04"WEST,A DISTANCE OF 47.47 FEET;
2283789 07/08/2022 03.14:36 °M
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Gilbert P,tiz Clerk,!Recorder. Pueblo County Co
IDIN100.1 111II1
THENCE SOUTH 88°53'56"WEST,A DISTANCE OF 76.58 FEET;
THENCE NORTH 00°38'19"WEST,A DISTANCE OF 144.77 FEET TO THE POINT OF BEGINNING.
THE ABOVE PARCEL DESCRIPTION CONTAINS A CALCULATED AREA OF 47,937 SQUARE FEET OR(1.10048
ACRES), MORE OR LESS,AND IS DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR REFERENCE.
PARCEL 2
COMMENCING AT THE WEST END OF SAID NORTH LINE OF HOUSING SUBDIVISION;SAID POINT BEING
ALSO THE NORTHWEST CORNER OF SAID HOUSING SUBDIVISION AND A POINT ON THE EAST RIGHT-OF-
WAY LINE OF SOUTH PRAIRIE AVENUE;
THENCE SOUTH 01°05'45"EAST ON SAID EAST RIGHT-OF-WAY LINE,A DISTANCE OF 477.95 FEET TO THE
POINT OF BEGINNING;
THENCE NORTH 88°53'56"EAST,A DISTANCE OF 260.82 FEET;
THENCE NORTH 01°06'02"WEST,A DISTANCE OF 83.87 FEET;
THENCE NORTH 88°54'36" EAST,A DISTANCE OF 178.06 FEET;
THENCE NORTH 00°50'50"WEST,A DISTANCE OF 49.79 FEET;
THENCE NORTH 89°45'13"EAST,A DISTANCE OF 22.78 FEET;
THENCE NORTH 01°06'04"WEST,A DISTANCE OF 46.64 FEET TO THE EXTERIOR OF SAID UPLANDS
TOWNHOMES FILING NO.2,BEING ALSO THE SOUTHERLY RIGHT-OF-WAY LINE OF SITTER PLACE,AS
SHOWN ON THE PLAT OF SAID UPLANDS TOWNHOMES FILING NO.2;
THENCE ON SAID EXTERIOR,SAID SOUTHERLY RIGHT-OF-WAY LINE,AND THE SOUTHERLY RIGHT-OF-WAY
LINE OF TRIBAL NATIONS AVENUE,AS SHOWN ON THE PLAT OF SAID UPLANDS TOWNHOMES FILING NO.
2 THE FOLLOWING(2)TWO COURSES:
1. THENCE SOUTH 46°13'38"EAST,A DISTANCE OF 15.21 FEET TO A 72.76 FOOT RADIUS NON-
TANGENT CURVE WHOSE CENTER BEARS NORTH 43°46'21"EAST;
2. THENCE SOUTHEASTERLY ON SAID CURVE,THROUGH A CENTRAL ANGLE OF 15°53'10",AN ARC
DISTANCE OF 20.17 FEET TO A 75.64 FOOT RADIUS NON-TANGENT CURVE WHOSE CENTER
BEARS NORTH 27°59'04" EAST;
THENCE CONTINUE ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF TRIBAL NATIONS AVENUE THE
FOLLOWING(7)SEVEN COURSES:
1. THENCE EASTERLY ON SAID CURVE,THROUGH A CENTRAL ANGLE OF 23°09'13",AN ARC
DISTANCE OF 30.57 FEET TO A 300.00 FOOT RADIUS REVERSE CURVE;
2. THENCE EASTERLY ON SAID REVERSE CURVE,THROUGH A CENTRAL ANGLE OF 10°01'39",AN ARC
DISTANCE OF 52.50 FEET TO A 39.00 FOOT RADIUS COMPOUND CURVE;
3. THENCE SOUTHEASTERLY ON SAID CURVE,THROUGH A CENTRAL ANGLE OF 25°37'02",AN ARC
DISTANCE OF 17.44 FEET TO A 63.17 FOOT RADIUS REVERSE CURVE;
4. THENCE EASTERLY ON SAID REVERSE CURVE,THROUGH A CENTRAL ANGLE OF 83°11'16",AN ARC
DISTANCE OF 91.72 FEET TO A 38.83 FOOT RADIUS REVERSE CURVE;
5. THENCE NORTHEASTERLY ON SAID REVERSE CURVE,THROUGH A CENTRAL ANGLE OF 25°31'58",
AN ARC DISTANCE OF 17.30 FEET TO A 301.18 FOOT RADIUS COMPOUND CURVE;
6. THENCE EASTERLY ON SAID CURVE,THROUGH A CENTRAL ANGLE OF 08°14'17",AN ARC
DISTANCE OF 43.30 FEET;
7. THENCE NORTH 88°54'27" EAST,A DISTANCE OF 527.92 FEET TO THE EXTERIOR OF SAID
UPLANDS TOWNHOMES FILING NO.2, BEING ALSO THE WESTERLY RIGHT-OF-WAY LINE OF
ACERO AVENUE;
f
2283789 07/08/2022 03:14.36 PM
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Gilbert Ortiz C.1erk/Reoarde-, Pueblo County. Co
VIII i�atrr Nivoi�w��G�i�'ivio����ti�1Morta N rrrivii 111111
THENCE SOUTH 01°05'33"EAST ON SAID EXTERIOR AND SAID WESTERLY RIGHT-OF-WAY LINE,A
DISTANCE OF 31.69 FEET TO THE SOUTHEASTERLY CORNER OF SAID UPLANDS TOWNHOMES FILING NO.2,
BEING ALSO THE NORTHEASTERLY CORNER OF SAID LOT 13,BLOCK 23 OF UPLANDS PARK;
THENCE CONTINUE SOUTH 01°05'33"EAST ON SAID EXTERIOR AND SAID WESTERLY RIGHT-OF-WAY LINE,
A DISTANCE OF 297.23 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 13, BLOCK 23 OF UPLANDS
PARK.BEING ALSO THE INTERSECTION OF SAID WESTERLY RIGHT-OF-WAY LINE WITH THE NORTHERLY
RIGHT-OF-WAY LINE OF SPRAGUE AVENUE;
THENCE SOUTH 88°54'57"WEST ON SAID EXTERIOR AND SAID NORTH RIGHT-OF-WAY LINE,A DISTANCE
OF 626.63 FEET TO THE SOUTHWEST CORNER OF SAID LOT 13,BLOCK 23 OF UPLANDS PARK AND THE
SOUTHEAST CORNER OF BLOCK 3 OF SAID HOUSING SUBDIVISION;
THENCE CONTINUE SOUTH 88°54'57"WEST ON THE EXTERIOR OF SAID HOUSING SUBDIVISION AND SAID
NORTH RIGHT-OF-WAY LINE,A DISTANCE OF 626.81 FEET THE SOUTHWEST CORNER OF SAID HOUSING
SUBDIVISION,BEING ALSO THE INTERSECTION OF SAID NORTH RIGHT-OF-WAY LINE WITH SAID EAST
RIGHT-OF-WAY LINE OF SOUTH PRAIRIE AVENUE;
THENCE NORTH 01°05'45"WEST ON SAID EXTERIOR AND SAID EAST RIGHT-OF-WAY LINE,A DISTANCE OF
181.65 FEET TO THE POINT OF BEGINNING.
THE ABOVE PARCEL DESCRIPTION CONTAINS A CALCULATED AREA OF 359,855 SQUARE FEET OR(8.26114
ACRES),MORE OR LESS,AND IS DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR REFERENCE.
THE OVERALL PARCEL DESCRIPTION CONTAINS A CALCULATED AREA OF 407,792 SQUARE FEET OR
(9.36162 ACRES),MORE OR LESS,AND IS DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR
REFERENCE.
:=O' •.• REG/S, .
oma•• ••.....•.•
v`� S. , 9Q.,•,
•
< X7042 .!
3�2a2o �°C
AL LANG
PATRICK S.JERNIGAN,PLS 37042
PREPARED FOR AND ON BEHALF OF
MATRIX DESIGN GROUP,INC.
2435 RESEARCH PKWY,SUITE 300
COLORADO SPRINGS,CO 80920
PH.(719)575-0100
Denver Colorndo Sprrno; Phoeni,n Arington Ationto 001(4111 Parsons Pueblo Sarrarnenro Vit shingtnrr,D.C.
r?7ili(;Y,i?i3crJ ntr-U'.fl?._:'r„
3 5
2283789 07/08/2022 03:14:36 PM
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Gilbert Ortiz Clerk/Recorder, Pueblo County; Co
lIII KIA II1iii.' '�h?'�'�11 �r�rhi�'VF 1lki' , ti1i, III DI
P.O.C.
FOUND 1-1.2"ALUMINUM TAG
PLS 22101 FND 1"YELL. PLAS. CAP, PLS 22101
— OCCIDENTAL PLACE SECOND FILING — ;; a I
MCK a —BLOCK 1 1 REC. NO. 45366 _BLOCK_ 1°BLOCK °
1s 4 10 3 N88°54'18"E 1253.48' 15 _ 2 _ 15 10 I
14 11 "
(BASIS OF BEARINGS)" 11 14 1 11 I
I F 13 12 13 . . • 13 12 13 12
I — — — 381.43' 230.44' — I
BLOCK 1 r ' P.O.B. UPLANDS TOWNHOMES
M nr PARCEL 1
I — — - ---.8 ' L10 L2 FILING NO. 2 1
I to SITTER PLACE ° o,' REC. NO. 2161535 I
rn _ _ _ _
n L8 �N. • C2 '�,� FUTURE PLAT S 1°05'33"E
nr L7 IW w L6 I• �S '�"'� BOUNDARY 31.69'..\
J BLOCK 2
Z HOUSING SUBDIVISION �� • �'�
h S • C1 — — — TRIBAL NATIONS AVENUE
BK 16 PG 3 L14 ` . C5 G9
I� I r. L12 •0••' '; C7 — N88°54'27"E 527.92'. —
1 N1°06'02"W o L11 / C4 C8 N
rui
83.87'—�� C6 I N88°53'56"E 260.82' / / C3 N j
' CRAWFORD STREET //L13 I LOT 13, BLOCK 23 LLI Lj=
_ — _ _�_ / PARCEL 2 UPLANDS PARK o,
v 4" P.O.B. BK 2B PG 33-34 0 0 1 1
IS) ;:-) PARCEL 2 BLOCK 3 ° U 1
—Z O 0 Q
o S88°54'57"W 626.81' — I — —S88°54'57"W 626.63' —
SPRAGUE AVENUE _ _ � , _ _ _ _ -1 1
N
100' 0 200'
SCALE: 1".200'
PARCEL 1 AREA 47,937 SQ. FT. 1.10048 (ACRES)
PARCEL 2 AREA 359,855 SQ. FT. 8.26114 (ACRES)
OVERALL AREA 407,792 SQ. FT. 9.36162 (ACRES)
2435 Research Parkway UPLANDS TOWNHOMES
�I/,�► Suite 300 FILING NO. 3 PLAT
Matrix
Colorado SpringsPhone ,CO. 80920719-575-0100EXHIBIT "A"
Fax 719-575-0208 CHECKED BY: PSJ DATE:DECEMBER 03,2020 4 OF 5
JN: 18.1003.001
S:118.1003.001 Uplands Townhomes\700 Survey\Legal Descriptions\Uplands Townhomes Plat Phases\FILING 3\Uplands Plat FILING 3 Exhibit.dwg
2283789 07/08/2022 03:14:36 PM
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Gilbert Ortiz C1erk7Recorder, Pueblo County, Co
VIII kIrdP501r�� 'f�'���'I ���'ark'���'a '�Y.��4i��� l'� inti ii 01111
LINE TABLE CURVE TABLE
LINE BEARING LENGTH CURVE DELTA RADIUS LENGTH CHORD BEARING CHORD LENGTH
L1 S01°05'42"E 178.95' Cl 5°56'58" 184.06' 19.11' S79°23'03"W 19.10'
L2 S89°26'28"W 32.02' C2 51°19'09" 28.73' 25.74' N71°53'08"W 24.88'
L3 S01°06'56"E 60.09' C3 15°53'10" 72.76' 20.17' S54°10'14"E 20.11'
L4 S44°14'08"W 41.63' C4 23°09'13" 75.64' 30.57' S73°35'33"E 30.36'
L5 N46°13'38"W 64.92' C5 10°01'39" 300.00' 52.50' S80°09'20"E 52.44'
L6 S43°46'26"W 2.99' C6 25°37'02" 39.00' 17.44' S62°20'00"E 17.29'
L7 N46°05'32"W 22.57' C7 83°11'16" 63.17' 91.72' N88°52'54"E 83.87'
L8 N48°21'35"E 17.11' C8 25°31'58" 38.83' 17.30' N60°03'15"E 17.16'
L9 N01°06'04"W 47.47' C9 8°14'17" 301.18' 43.30' N76°56'22"E 43.27'
L10 S88°53'56"W 76.58'
L11 N88°54'36"E 178.06'
L12 N00°50'50"W 49.79'
L13 N89°45'13"E 22.78'
L14 N01°06'04"W 46.64'
L15 S46°13'38"E 15.21'
PARCEL 1 AREA 47,937 SQ. FT. 1.10048 (ACRES)
PARCEL 2 AREA 359,855 SQ. FT. 8.26114 (ACRES)
OVERALL AREA 407,792 SQ. FT. 9.36162 (ACRES)
2435 Research Parkway UPLANDS TOWNHOMES
,/°1 Suite 300 FILING NO. 3 PLAT
kJ1/ t i Colorado Springs,CO. 80920 EXHIBIT "A"
In. X Phone 719-575-0100
Fax 719-575-0208 CHECKED BY: PSJ DATE:DECEMBER 3,2020 5 OF 5
JN: 18.1003.001
S:\18.1003.001 Uplands Townhomes\700 Survey\Legal Descriptions\Uplands Townhomes Plat Phases\FILING 3\Uplands Plat FILING 3 Exhibit.dwg
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Gilbert Otiz lerk//Feccc dere Pueblo Count,' Co
t� . +!! aiikiti � F,im'�:1'i i"�ouyi, Bill
RESOLUTION #2355
HOUSING AUTHORITY OF THE CITY OF PUEBLO, COLORADO
APPROVAL OF THE SALE OF HOUSING AUTHORITY OF THE CITY OF PUEBLO,
COLORADO PROPERTY LOCATED ADJACENT TO OR NEAR 2601 CRAWFORD
STREET, PUEBLO,COLORADO 81004 AND APPROVAL OF THE HOUSING
AUTHORITY'S PARTICIPATION IN VARIOUS ASPECTS OF THE DEVELOPMENT
OF CRAWFORD TOWNHOMES
WHEREAS, the Housing Authority of the City of Pueblo, Colorado (the "Authority")owns that
certain property located adjacent to or near 2601 Crawford Street, Pueblo,Colorado
81004 as more particularly described in EXHIBIT A attached hereto (the
"Property");
WHEREAS, to maximize the value of the Property and improve affordable housing options for
low-income persons in the City of Pueblo, the Authority has determined that it
would be in its best interest to sell the Property (the "Sale") to Crawford
Townhomes, LLLP, a Colorado limited liability limited partnership (the
"Partnership")to allow for the development of a 49-unit affordable housing project
to be known as Crawford Townhomes(the"Project");
WHEREAS, the Authority desires to support the Project financing by accepting a Purchase
Money Note from the Partnership to evidence the Partnership obligation to pay to
the Authority the Sale price(the "Purchase Money Loan");
WHEREAS, the Partnership's Agreement of Limited Liability Limited Partnership is anticipated
to be amended and restated (the "Amended and Restated LPA") to reassign the
Authority's current interest in the Partnership to an additional limited partner
interest and to admit RBC Community Investments, LLC as a new limited partner
(the"Investor Partner") in the Partnership;
WHEREAS, for all of the units in the Project, the current public housing subsidy for the Sangre
de Cristo public housing complex will be converted to Section 8 project based rental
assistance pursuant to the U.S. Department of Housing and Urban Development's
("HUD") Rental Assistance Demonstration ("RAD") Program, and subsequently
transferred to the Project units once constructed;
WHEREAS, as part of the RAD conversion, the Authority will help facilitate the execution of
various RAD documents,ongoing RAD compliance,and other aspects of the RAD
program;
WHEREAS, The Authority desires to provide funding for the Project as follows: (a) a loan in
the approximate amount of$1,800,000 from certain public housing capital funds
("HACP Capital Funds Loan"); (b)a loan in the approximate amount of$1,584,452
from certain non-federal funds ("HACP Loan"); (c) a loan in the approximate
amount of $3,430,000 funded from grant funds awarded to the Authority and
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Gilbert Ortiz Clerk/Records,, Pueblo County Co
VIII �ref fi 411/1411 'NOMINIIi I IIVORani���l�
administered by the State of Colorado Division of Housing Department of Local
Affairs ("HACP DOLA Loan"); (d) a permanent loan of proceeds of Capital
Manager Funds grant(described below in the approximate amount of$350,000(the
"CMF Loan"); and (e) the Purchase Money Loan;
WHEREAS, the Authority desires to support the Partnership and its general partner Crawford
MM, LLC(the"General Partner")in the development of the Project by assembling,
filing and providing necessary due diligence applications for other funding sources,
including,but not limited to,a construction loan from JPMorgan Chase Bank,N.A.,
("Chase"), a permanent loan from the Colorado Housing and Finance Authority
("CHFA") SIMPLE program, a construction/permanent loan of HOME Investment
Partnership Funds from the City of Pueblo, Colorado, a construction/permanent
loan of HOME Investment Partnership Funds from the Pueblo County, Colorado, a
permanent loan and a grant of Capital Magnet Funds from CHFA, all in amounts
determined and approved by the General Partner (collectively the "Additional
Project Financing");
WHEREAS, the Partnership desires to retain the Authority to serve as the Project developer and
to provide property management services to the Project and the Authority is willing
and able to act as the developer and provide such property management services;
WHEREAS, the Authority desires to further support the financing of the Project by deferring a
portion the Purchase Money Loan of its developer fee in the approximate amount
of$250,000;
WHEREAS, as a condition of making capital contributions to the Partnership, the Investor
Partner requires that the Authority guarantee certain obligations of General Partner;
and
WHEREAS, as a condition of making the construction loan, Chase requires that the Authority
guarantee certain obligations of the Partnership.
NOW, THEREFORE BE IT RESOLVED, that the Board of Commissioners of the Housing
Authority of the City of Pueblo, Colorado hereby through this Resolution approves the sale of the
Property to the Partnership;
FURTHER RESOLVED that Steven L. Trujillo, in his capacity as the Executive Director of the
Authority, and on behalf of the Authority, is authorized to do the following:
1. Execute and deliver all documents, and take (or cause to be taken) all other necessary
actions to complete the fee simple transfer of the Property to the Partnership;
2. Execute and deliver a Purchase and Sale Agreement with the Partnership setting forth
the terms for the transfer of the Property and accept from the Partnership one or more
promissory notes to the extent necessary to confirm the Purchase Money Loan and the
payment of the balance of the purchase in accordance with the Purchase and Sale
Agreement;
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Gilbert Ortiz Clerk/Re000der. Pueblo County; Cc
VIII �P.rI fil'�'r�k� LW:1110410 Bill
3. Execute and deliver grant funding documents necessary to obtain the State grant funds
and upon receipt, provide the HACP DOLA Loan and CMF Loan to the Partnership;
4. Execute and deliver the Amended and Restated LPA and all ancillary equity documents
as may be required by the Investor Partner;
5. Execute and deliver all documents and agreements, and take all other necessary action to
facilitate the RAD conversion and assemblage of necessary financing including, but not
limited to, the RAD Use Agreement, the RAD Section 8 Housing Assistance Payments
Contract, HUD-required certifications, the HACP Capital Funds Loan, the HACP Loan,
the HACP DOLA Loan and the CMF Loan to the Partnership and the advance of funds to
El Centro Pueblo Development Corporation, Inc. as may be needed in connection with the
Project in an amount to be determined by the Executive Director;
6. Execute and deliver all contracts or agreements, and take all other necessary action to
cause the Authority to reassign its current interest to an additional limited partner of the
Partnership in accordance with the Amended and Restated LPA;
7. Execute and deliver a Property Management Agreement, and provide property
management services to the Project in accordance with said Agreement;
8. Execute and deliver all applications, filings, and due diligence documentation necessary
to assist with securing the Additional Project Financing;
9. Execute and deliver all contracts or agreements, and take all necessary action to cause the
Authority to serve as the developer of the Project defer a portion of its developer fee to
the extent necessary, and guarantee certain obligations as may be required by the
Partnership's construction lender, Chase, the Investor Partner, and any of the Additional
Project Financing;
10. Appoint one or more designees to take any of the foregoing actions on behalf of the
Authority;
11. Modify the final dollar amounts by a percentage of 20%greater or lesser, in each instance,
in connection with the sale price for the transfer of the Property to the Partnership, and the
making of the HACP Capital Funds Loan, the HACP Loan, the HACP DOLA Loan and
the CMF Loan;
12. Take such other action, and execute such other agreements as may be deemed appropriate
or convenient in connection with the development and operation of the Project.
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
will MilfdiillvV 1410,1II'14 Fig FAIIMLE lath #i II
RESOLVED FURTHER that any filings or applications made and any and all transactions taken
by or on behalf of the Authority prior to the adoption of this Resolution to support the formation
of the Partnership, and/or the General Partner, file documents and materials with HUD pursuant
to the RAD program or otherwise in support of the Project be and the same hereby is in all respects
ratified, approved and confirmed.
******************************************************************************
I certify that the above Resolution was adopted by the Board of Commissioners of the Housing
Authority of the City of Pueblo,Colorado at its Regular Meeting held June 16, 2022.
14tCiry
�'‘ ''" " •�%,c> J Quinn, Chairman
Eis-;'40eirts
J4w4A- '4'414
'1 - t • Steven L. Trujillo _.
Executive Director
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