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HomeMy WebLinkAbout10029Reception 2275379 05/24/2022 10:5.4:13 AM ORDINANCE NO. 10029 AN ORDINANCE APPROVING THE LAKE AVENUE SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Lake Avenue Subdivision, being a subdivision of land legally described as: PARCEL I: A PORTION OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY RIGHT OF WAY LINE OF LAKE AVENUE FROM WHICH THE POINT OF TANGENCY ON THE CENTERLINE OF GREENHORN DRIVE SOUTHWEST OF MONARCH LANE BEARS SOUTH 05 DEGREES 06 MINUTES 11 SECONDS WEST (BEARINGS BASED ON THE SAID CENTERLINE OF GREENHORN DRIVE FROM THE SAID POINT OF TANGENCY SOUTHWEST OF MONARCH LANE TO THE POINT OF A CURVE NORTHEAST OF SAID MONARCH LANE MONUMENTED ON EACH END WITH A CONCRETE MONUMENT WITH LEAD AND BRASS TACK IN A CAST IRON RANGE BOX BEARS NORTH 37 DEGREES 28 MINUTES 11 SECONDS EAST AS ESTABLISHED ON THE RECORDED PLAT OF MINNEQUA INDUSTRIAL PARK FIRST FILING ACCORDING TO THE RECORDED PLAT THEREOF FILED FOR RECORD JANUARY 9, 1974 IN BOOK 1770 AT PAGE 252 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER)A DISTANCE OF 2607.32 FEET, SAID POINT BEING THE NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED RECORDED JULY 14, 1967 IN BOOK 1618 AT PAGE 144; THENCE NORTH 01 DEGREES 00 MINUTES 44 SECONDS WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE OF LAKE AVENUE A DISTANCE OF 636.07 FEET TO A POINT ON THE SOUTH LINE OF THAT TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED RECORDED JANUARY 2, 1985 IN BOOK 2226 AT PAGE 614; THENCE NORTH 88 DEGREES 54 MINUTES 23 SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 793.00 FEET TO THE WEST LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 1404 AT PAGE 105; THENCE SOUTH 01 DEGREES 00 MINUTES 44 SECONDS EAST, ALONG SAID WEST LINE, A DISTANCE OF 298.14 FEET TO THE SOUTHWEST CORNER OF SAID TRACT; THENCE NORTH 88 DEGREES 54 MINUTES 23 SECONDS EAST, ALONG THE SOUTH LINE OF SAID TRACT, A DISTANCE OF 463.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT; THENCE NORTH 01 DEGREES 00 MINUTES 44 SECONDS WEST, ALONG THE EAST LINE OF SAID TRACT, A DISTANCE OF 298.14 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT DESCRIBED IN BOOK 2226 AT PAGE 614; THENCE NORTH 88 DEGREES 54 MINUTES 23 SECONDS EAST LENGTH ALONG SAID SOUTH LINE, A DISTANCE OF 708.95 FEET TO THE WEST LINE OF THAT TRACT OF 2278379 05/24/2022 10.54.13 PM Page: 20 �f 5 R 33.00 D 0.00 11 33.00 G;lbert Ortiz CJerk;Recorder Puebla Counts Ce VIII Pr.?PRlhh6:1�IL' �IJ�r� ��� !li��h II III LAND DESCRIBED IN QUIT CLAIM DEED RECORDED FEBRUARY 2, 1977 IN BOOK 1875 AT PAGE 182; THENCE SOUTH 01 DEGREES 00 MINUTES 44 SECONDS EAST, ALONG SAID WEST LINE, A DISTANCE OF 305.42 FEET TO A POINT ON THE NORTHWESTERLY LINE OF INTERSTATE 25; THENCE RUNNING SOUTHWESTERLY, ALONG SAID NORTHWESTERLY LINE, THE NEXT THREEE (3) COURSES: 1) SOUTH 43 DEGREES 45 MINUTES 11 SECONDS WEST, A DISTANCE OF 537.75 FEET; 2) SOUTH 56 DEGREES 53 MINUTES 11 SECONDS WEST, A DISTANCE OF 616.10 FEET; 3) SOUTH 88 DEGREES 45 MINUTES 11 SECONDS WEST, A DISTANCE OF 92.86 FEET TO THE EASTERLY CORNER OF THAT TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED RECORDED DECEMBER 31, 1997 UNDER RECEPTION NO. 1199024 IN BOOK 3070 AT PAGE 699; THENCE RUNNING NORTHWESTERLY, ALONG THE NORTHEASTERLY LINE OF SAID TRACT THE NEXT TWO (2) COURSES: 1) NORTH 46 DEGREES 21 MINUTES 09 SECONDS WEST, A DISTANCE OF 5.81 FEET; 2) ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 42 DEGREES 05 MINUTES 40 SECONDS, HAVING A RADIUS OF 1273.00 FEET, AN ARC LENGTH OF 935.26 FEET, AND THE CHORD OF WHICH BEARS NORTH 67 DEGREES 23 MINUTES 59 SECONDS WEST, A DISTANCE OF 914.36 FEET TO THE EASTERLY CORNER OF THAT TRACT OF LAND DESCRIBED IN BOOK 3070 AT PAGE 699; THENCE NORTH 88 DEGREES 26 MINUTES 49 SECONDS WEST, ALONG THE NORTHERLY LINE OF SAID TRACT, A DISTANCE OF 129.70 FEET TO THE POINT OF BEGINNING, COUNTY OF PUEBLO, STATE OF COLORADO. PARCEL II: A PORTION OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY RIGHT OF WAY LINE OF LAKE AVENUE FROM WHICH THE POINT OF TANGENCY ON THE CENTERLINE OF GREENHORN DRIVE SOUTHWEST OF MONARCH LANE BEARS SOUTH 03 DEGREES 49 MINUTES 49 SECONDS WEST (BEARINGS BASED ON THE SAID CENTERLINE OF GREENHORN DRIVE FROM THE SAID POINT OF TANGENCY SOUTHWEST OF MONARCH LANE TO THE POINT OF A CURVE NORTHEAST OF SAID MONARCH LANE MONUMENTED ON EACH END WITH A CONCRETE MONUMENT WITH LEAD AND BRASS TACK IN A CAST IRON RANGE BOX BEARS NORTH 37 DEGREES 28 MINUTES 11 SECONDS EAST AS ESTABLISHED ON THE RECORDED PLAT OF MINNEQUA INDUSTRIAL PARK FIRST FILING ACCORDING TO THE RECORDED PLAT THEREOF FILED FOR RECORD JANUARY 9, 1974 IN BOOK 1770 AT PAGE 252 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER)A DISTANCE OF 3290.31 FEET, SAID POINT BEING THE NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED RECORDED JANUARY 2, 1985 IN BOOK 2226 AT PAGE 614; THENCE NORTH 88 DEGREES 54 MINUTES 23 SECONDS EAST, ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 1979.95 FEET TO THE NORTHEAST CORNER OF SAID TRACT, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEGREES 54 MINUTES 23 SECONDS EAST, A DISTANCE OF 338.02 FEET TO A POINT ON THE NORTHWESTERLY LINE OF INTERSTATE 25; THENCE SOUTH 43 DEGREES 45 MINUTES 11 SECONDS 2273379 05/24/2022 10:54:13 AM Page: 3 of 5 Ft 33.00 D 0.00 T 33 00 Gilbert Ortiz Clerk/Reco,aer Pueblo Count; Co ®11114!�.rt�.� !�'I�+IC'1i� ;k.,���'!�'�Y���ti<<r� l�,° ,�!�.�'�i��r�, ,III 1 WEST, ALONG SAID NORTHWESTERLY LINE, A DISTANCE OF 70.52 FEET TO THE NORTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN QUIT CLAIM DEED RECORDED FEBRUARY 2, 1977 IN BOOK 1875 AT PAGE 182; THENCE SOUTH 88 DEGREES 54 MINUTES 23 SECONDS WEST,ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 288.36 FEET TO THE SOUTHEAST CORNER OF SAID TRACT OF LAND DESCRIBED IN BOOK 2226 AT PAGE 614; THENCE NORTH 01 DEGREES 00 MINUTES 44 SECONDS WEST, ALONG THE EAST LINE OF SAID TRACT, A DISTANCE OF 50 FEET TO THE POINT OF BEGINNING, COUNTY OF PUEBLO, STATE OF COLORADO. PARCEL III: A TRACT OF LAND IN THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SECTION 13, TOWNSHIP 21 SOUTH, RANGE 65 WEST; THENCE NORTH 89°31' EAST A DISTANCE OF 881.00 FEET, MORE OR LESS TO THE EAST LINE PRODUCED SOUTHERLY OF THE ALLEY BETWEEN OAKLAND AVENUE AND WYOMING AVENUE, IN BLOCK 38 OF EASTLAKE AS SHOWN ON PLAT RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PUEBLO COUNTY, COLORADO ON MARCH 30, 1903 UNDER RECEPTION NO. 120613; THENCE SOUTH 0°29' EAST A DISTANCE OF 51.6 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF MARYLAND AVENUE AS SHOWN ON THE AFORESAID PLAT OF EASTLAKE; THENCE CONTINUING SOUTH 0°29' EAST A DISTANCE OF 501.86 FEET TO THE PONT OF BEGINNING; THENCE NORTH 89°31' EAST A DISTANCE OF 463.00 FEET TO A POINT; THENCE SOUTH 0°29' EAST, A DISTANCE OF 298.14 FEET TO A POINT; THENCE SOUTH 89°31' WEST, A DISTANCE OF 463.0 FEET TO A POINT; THENCE NORTH 0°29' WEST A DISTANCE OF 298.14 FEET TO THE POINT OF BEGINNING, TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS AS CONVEYED IN AGREEMENT RECORDED MAY 19, 1980 IN BOOK 2031 AT PAGE 840, RECEPTION NO. 637218 OF THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER, COUNTY OF PUEBLO, STATE OF COLORADO. PARCEL IV: A TRACT OF LAND IN THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SECTION 13, TOWNSHIP 21 SOUTH, RANGE 65 WEST; THENCE NORTH 89°31' EAST A DISTANCE OF 88.00 FEET, THENCE SOUTH 00°29' EAST ALONG THE EAST LINE OF LAKE AVENUE AND THE EAST LINE OF LAKE AVENUE EXTENDED, A DISTANCE OF 503.46 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°31' EAST, A DISTANCE OF 1980.15 FEET TO THE EAST R.O.W. LINE OF PINE STREET; THENCE SOUTH 00°29' EAST, ALONG SAID EAST R.O.W. LINE OF PINE STREET EXTENDED SOUTH, A DISTANCE OF 50 FEET; THENCE SOUTH 89°31' WEST, A DISTANCE OF 1980.15 FEET TO THE EAST R.O.W. LINE OF LAKE AVENUE; THENCE NORTH 00°29' WEST ALONG SAID R.O.W. LINE OF LAKE AVENUE, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. 2278379 05/2+/2022 10;54:13 AM Page: 4 of 5 R, 33. D 0.00 33.0 Gilbert Ortiz C:e�-k1Reco00de,- Pueblo 11 Count0 y. Co VIII Firellt/111145:11140 Vit ,�PrIMI 11111 attached hereto, is hereby approved. All dedicated streets, utility and drainage easements, rights- of-way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The acceptance of such dedicated streets, rights-of-way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights-of-way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this Ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this Ordinance or the City's Subdivision Ordinances and regulations. No person,firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this Ordinance or in the City's subdivision Ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. SECTION 4. The officers and staff of the City are authorized and 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. 2273379 05/24/2022 10:54.13 AM Page:: 5 of 5 R 33.00 D 0.00 T 33 00 Gilnert Ortiz C:erk/Pecordr, Pueblo County. Co ■III EY,117I61.11arlik 11111 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 October 12, 2021. Final adoption of Ordinance by City Council on October 25, 2021 . yee4e-t_st Cc/ resident of City Council Action by the Mayor: Approved on 40o7 e!,4 L „ ❑ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ❑ Council did not act to override the Mayor'sveto. ❑ Ordinance re-adopted on a vote of , on ❑ Council action on failed to override the Mayor's veto. President of City Council ATTEST <� 4°‘ JA City Cle �� �,� ; � f r _ `al,, Li 1 i1P 1J a() LAKE AVENUE SUBDIVISION A PARCEL OF LAND IN THE SW % OF SECTION 13, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6T" P. M . IN THE COUNTY OF PUEBLO, STATE OF COLORADO . CITY OF PUEBLO ATTN: DARYL PAYNE PICK UP PAGE 1 OF 2 2278380 05/24/2022 1054,13 An Page: 1. of 2 R D T 23er. Gilbert Orz Clerk/Record , P00 jeble County. Co � III LAKE AVENUE SUBDIVISION A PARCEL OF LAND IN THE SW % OF SECTION 13, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH P. M . IN THE COUNTY OF PUEBLO, STATE OF COLORADO. CITY OF PUEBLO ATTN: DARYL PAYNE PICK UP PAGE2OF2 22783B0 05/24/2022 10:54:13 AM Pagge: 2 of 2 R D T 23.00 Gilb'r'. Ort 12 Cleric/Rac:rder. Pueblo Count Co mill M«.r� r�k'�r�"«?� �"�� 4�Mti4L�ti�' h'I 'IIrins w 'i 'i, II II City Clerk’s Office Item # R-5 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: October 12, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE LAKE AVENUE SUBDIVISION SUMMARY: The applicant is requesting to subdivide approximately thirty-six (36) acres of land generally located northeast of the intersection of West Pueblo Boulevard and Lake Avenue (Parcels 15133000614, 1513300066, 1513300041, 1513300043, and 1513300062) into four non-buildable parcels. PREVIOUS COUNCIL ACTION: The applicant is concurrently requesting to rezone approximately thirty-six (36) acres of land from B-2, B-3, B-4 and R-2 to B-3, Highway and Arterial Business Zone District. BACKGROUND: The subject property is located northeast of the intersection of West Pueblo Boulevard and Lake Avenue and is currently unsubdivided. The site is currently undeveloped, and a portion of the property has historically been developed with a drive-in movie theater. The property is bounded by commercial, residential, and parks to the north, Interstate 25 to the east, West Pueblo Boulevard to the south and Lake Avenue to the west. The applicant is requesting that the subject site be subdivided into four parcels to facilitate the private sale of these parcels for future commercial development. All parcels in the proposed subdivision meet the area requirements for the proposed B-3 Zone District however, because the parcels are being subdivided as “nonbuildable” the property will need to be resubdivided prior to any development. Neither Parcel A nor Parcel B may take access from Interstate-25 or Pueblo Boulevard, therefore, it is anticipated that the developer will work with the City to acquire Parcel D and realign the access to Parcels A and B with an internal roadway access network from Lake Avenue. The site is strategically located along major arterial routes encouraging transit-oriented development along major transportation corridors within the city. This subdivision will create Parcel A which is 26.7 acres and parcel B which is 6.64 acres, both of which will be reserved for future development. Parcel C, .36 acres, is currently owned by Black Hills Energy and bisects the southern portion of JJ Raigoza Park. The proposed subdivision dedicates Parcel C for public park purposes. Parcel D is a City-owned parcel that is located north of Parcels A and B, and west of Parcel C. Parcel D, 2.27 acres, will be subdivided and will be dedicated for public ingress/egress and utilities, providing physical access to Parcels A, B, and C. It is anticipated that the City will work with Black Hills Energy to complete a property exchange. The City would deed Parcel D to Black Hills Energy and Black Hills Energy would deed Parcel C to the City, cleaning up property ownership within the developed JJ Raigoza park and within the future commercial development site. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their August 11, 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 August 11, 2021 Public Hearing Memorandum from the Department of Public Works Dated 9/27/2021, 2021 Planning and Zoning Commission Staff Report with Attachments and Exhibits Reception 2278381 05/24/2022 10.54:13 AM SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on /14a /$* , &et , between the CITY OF PUEBLO, a Municipal Corporation ("City"), and Black Hills Colorado Electric, LLC a Deleware Limited Liability Company ("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 Lake Avenue Subdivision ("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 DPW 101 August 2019 2278381 05/24/2022 10:54:13 AM Page: 2 of 14 R 78.00 D 0.00 T 78.00 Gilbert OrttizlCllerk Rercrder. Pueblo County: Co IIIA kir1 1�■,■�N �A�AI 4I�A1III i AIKIAI I i f E.11i1i1l 11111 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. DPW 101 2 August 2019 2278381 05/24/2022 10:54: 13 PM Page: 3 of 14 R 78.00 D 0.00 T 78.00 Gilbert Orttz Clerk/Recorder Pueblo County, Co VIIIk,PRIEM1111410411sFri Iififil.,11/40114111III 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 DPW 101 3 August 2019 2278381 05/24/2022 10:54:13 AM Page: }4C of Ortiz 800.0Pueblo 7o CounGilbty Co 11111 Ric/Pa INTE.171,ViiI1t6l1,71116 III III 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 DPW 101 4 August 2019 2278381 05/24/2022 10:54:13 AM Page: 5 of 14 k 78.00 D 0.00 T 78.00 Co "Gilbert Ortiz Clerk/Recorder. Pu;eblc County X1111 00lItillit°,Gail:11C16k SIF:4:14VAN1l41111; 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. DPW 101 5 August 2019 2278381 05/24/2022 10:54:13 AM Page: 6 of 14 R 78.00 D 0.00 T 78.00 Gil e,t Ortiz. Clerk/Recorder.. Pueblo County, Cc 101r.in 11. (111':kliiliiii iiiNIVKI iiiiniii!.:L'imIII II I 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. Black Hills Colorado Electric, LLC, a Delaware Limited Liability Company Subdivider (SEAL) eth Boutilier, Project Manager Transmission By: The foregoing instrument was acknowledged before me on tikAv Igo, zo2,Z by Seth Boutilier, Project Manager Transmission of Black Hills Colorado Electric, LLC, , Subdivider. a Delaware Limited Liability Company My commission expires: DANIEL J.ACKERMAN Notary Public NOTARY PUBLIC STATE OF COLORADO CITY OF PUEBLO, a Municipal Corporation NOTARY ID 20174035180 MY COMMISSION EXPIRES AUG 22,2025 4 ' May r of Pueblo Co orado ATTES : sir."0.A Ak' 4A-4 1 � } City Cliti y t1► 0 • STATE OF COLORADO ) ,� 1111M1 ) ss. COUNTY OF PUEBLO tJ The foregoing instrument was acknowledged before me is day of Vy� , e)Az by /' "« �/' '�a _r� , as Mayor of Pu6l51o, Colorado, andi(7-; 4.-D/e r as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. My commission expires: /o/v,44>�_2::i Eilene Tracey Sample rf/I NOTARY PUEUG ( l�c ' t t Af Gt o [ SEAL ] '. STATE OF COLORADO •'; Notary Public t� �yy c NOTARY ID#20074008010 APPROVED AS i V t DRMSION EXPIRES 10 102023DPW 101 August 2019 City Attomey �,, 2278381 05/24/22022 10:54:133 0 AM 78,00 Page:Gilbert f14 R C1erk;Pecorder , Pueblo Cou~lt'i, Cc KIPIMdill i;��F MilhPilititti DPW 101 7 August 2019 2278381 415/24/2022 105413 AM Page: £l of 14 R 78.00 D 0.00 T 78.00 Gllhert Ortiz Clerk/Reoorder� pueblo Cp�_intr� Co EI11 Ili, iri? tl'I r���IG���'�Mtwl�4�l�h'�4'f,N�IK'��'�tilk 11111 EXHIBIT A LAKE AVENUE SUBDIVISION Land Description PARCEL I: A PORTION OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY RIGHT OF WAY LINE OF LAKE AVENUE FROM WHICH THE POINT OF TANGENCY ON THE CENTERLINE OF GREENHORN DRIVE SOUTHWEST OF MONARCH LANE BEARS SOUTH 05 DEGREES 06 MINUTES 11 SECONDS WEST (BEARINGS BASED ON THE SAID CENTERLINE OF GREENHORN DRIVE FROM THE SAID POINT OF TANGENCY SOUTHWEST OF MONARCH LANE TO THE POINT OF A CURVE NORTHEAST OF SAID MONARCH LANE MONUMENTED ON EACH END WITH A CONCRETE MONUMENT WITH LEAD AND BRASS TACK IN A CAST IRON RANGE BOX BEARS NORTH 37 DEGREES 28 MINUTES 11 SECONDS EAST AS ESTABLISHED ON THE RECORDED PLAT OF MINNEQUA INDUSTRIAL PARK FIRST FILING ACCORDING TO THE RECORDED PLAT THEREOF FILED FOR RECORD JANUARY 9, 1974 IN BOOK 1770 AT PAGE 252 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER) A DISTANCE OF 2607.32 FEET, SAID POINT BEING THE NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED RECORDED JULY 14, 1967 IN BOOK 1618 AT PAGE 144; THENCE NORTH 01 DEGREES 00 MINUTES 44 SECONDS WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE OF LAKE AVENUE A DISTANCE OF 636.07 FEET TO A POINT ON THE SOUTH LINE OF THAT TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED RECORDED JANUARY 2, 1985 IN BOOK 2226 AT PAGE 614; THENCE NORTH 88 DEGREES 54 MINUTES 23 SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 793.00 FEET TO THE WEST LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 1404 AT PAGE 105; THENCE SOUTH 01 DEGREES 00 MINUTES 44 SECONDS EAST, ALONG SAID WEST LINE, A DISTANCE OF 298.14 FEET TO THE SOUTHWEST CORNER OF SAID TRACT; THENCE NORTH 88 DEGREES 54 MINUTES 23 SECONDS EAST, ALONG THE SOUTH LINE OF SAID TRACT, A DISTANCE OF 463.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT; THENCE NORTH 01 DEGREES 00 MINUTES 44 SECONDS WEST, ALONG THE EAST LINE OF SAID TRACT, A DISTANCE OF 298.14 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT DESCRIBED IN BOOK 2226 AT PAGE 614; THENCE NORTH 88 DEGREES 54 MINUTES 23 SECONDS EAST LENGTH ALONG SAID SOUTH LINE, A DISTANCE OF 708.95 FEET TO THE WEST LINE OF THAT TRACT OF LAND DESCRIBED IN QUIT CLAIM DEED RECORDED FEBRUARY 2, 1977 IN BOOK 1875 AT PAGE 182; THENCE SOUTH 01 DEGREES 00 MINUTES 44 SECONDS EAST, ALONG SAID WEST LINE, A DISTANCE OF 305.42 FEET TO A POINT ON THE NORTHWESTERLY LINE OF INTERSTATE 25; THENCE RUNNING 2278381 05/24/2022 10:54:130M Page: 9 of 4 te!R 78.00 D T Co78 00 ;filbert Ortiz C 'k!Re order, Pueblo untCo y; III �1 SOUTHWESTERLY, ALONG SAID NORTHWESTERLY LINE, THE NEXT THREEE (3) COURSES: 1) SOUTH 43 DEGREES 45 MINUTES 11 SECONDS WEST, A DISTANCE OF 537.75 FEET; 2) SOUTH 56 DEGREES 53 MINUTES 11 SECONDS WEST, A DISTANCE OF 616.10 FEET; 3) SOUTH 88 DEGREES 45 MINUTES 11 SECONDS WEST, A DISTANCE OF 92.86 FEET TO THE EASTERLY CORNER OF THAT TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED RECORDED DECEMBER 31, 1997 UNDER RECEPTION NO. 1199024 IN BOOK 3070 AT PAGE 699; THENCE RUNNING NORTHWESTERLY, ALONG THE NORTHEASTERLY LINE OF SAID TRACT THE NEXT TWO (2) COURSES: 1) NORTH 46 DEGREES 21 MINUTES 09 SECONDS WEST, A DISTANCE OF 5.81 FEET; 2) ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 42 DEGREES 05 MINUTES 40 SECONDS, HAVING A RADIUS OF 1273.00 FEET, AN ARC LENGTH OF 935.26 FEET, AND THE CHORD OF WHICH BEARS NORTH 67 DEGREES 23 MINUTES 59 SECONDS WEST, A DISTANCE OF 914.36 FEET TO THE EASTERLY CORNER OF THAT TRACT OF LAND DESCRIBED IN BOOK 3070 AT PAGE 699; THENCE NORTH 88 DEGREES 26 MINUTES 49 SECONDS WEST, ALONG THE NORTHERLY LINE OF SAID TRACT, A DISTANCE OF 129.70 FEET TO THE POINT OF BEGINNING, COUNTY OF PUEBLO, STATE OF COLORADO. PARCEL II: A PORTION OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY RIGHT OF WAY LINE OF LAKE AVENUE FROM WHICH THE POINT OF TANGENCY ON THE CENTERLINE OF GREENHORN DRIVE SOUTHWEST OF MONARCH LANE BEARS SOUTH 03 DEGREES 49 MINUTES 49 SECONDS WEST (BEARINGS BASED ON THE SAID CENTERLINE OF GREENHORN DRIVE FROM THE SAID POINT OF TANGENCY SOUTHWEST OF MONARCH LANE TO THE POINT OF A CURVE NORTHEAST OF SAID MONARCH LANE MONUMENTED ON EACH END WITH A CONCRETE MONUMENT WITH LEAD AND BRASS TACK IN A CAST IRON RANGE BOX BEARS NORTH 37 DEGREES 28 MINUTES 11 SECONDS EAST AS ESTABLISHED ON THE RECORDED PLAT OF MINNEQUA INDUSTRIAL PARK FIRST FILING ACCORDING TO THE RECORDED PLAT THEREOF FILED FOR RECORD JANUARY 9, 1974 IN BOOK 1770 AT PAGE 252 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER) A DISTANCE OF 3290.31 FEET, SAID POINT BEING THE NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED RECORDED JANUARY 2, 1985 IN BOOK 2226 AT PAGE 614; THENCE NORTH 88 DEGREES 54 MINUTES 23 SECONDS EAST, ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 1979.95 FEET TO THE NORTHEAST CORNER OF SAID TRACT, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEGREES 54 MINUTES 23 SECONDS EAST, A DISTANCE OF 338.02 FEET TO A POINT ON THE 2278381 05/24/2022 10:54:13 AM Page: 10 of 14 R 78.00 D 0.00 T 78.00 Gilbert Ortiz C;erk,Reco'der, Pueblo County, Co iI III NORTHWESTERLY LINE OF INTERSTATE 25; THENCE SOUTH 43 DEGREES 45 MINUTES 11 SECONDS WEST, ALONG SAID NORTHWESTERLY LINE, A DISTANCE OF 70.52 FEET TO THE NORTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN QUIT CLAIM DEED RECORDED FEBRUARY 2, 1977 IN BOOK 1875 AT PAGE 182; THENCE SOUTH 88 DEGREES 54 MINUTES 23 SECONDS WEST, ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 288.36 FEET TO THE SOUTHEAST CORNER OF SAID TRACT OF LAND DESCRIBED IN BOOK 2226 AT PAGE 614; THENCE NORTH 01 DEGREES 00 MINUTES 44 SECONDS WEST, ALONG THE EAST LINE OF SAID TRACT, A DISTANCE OF 50 FEET TO THE POINT OF BEGINNING, COUNTY OF PUEBLO, STATE OF COLORADO. PARCEL III: A TRACT OF LAND IN THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SECTION 13, TOWNSHIP 21 SOUTH, RANGE 65 WEST; THENCE NORTH 89°31' EAST A DISTANCE OF 881.00 FEET, MORE OR LESS TO THE EAST LINE PRODUCED SOUTHERLY OF THE ALLEY BETWEEN OAKLAND AVENUE AND WYOMING AVENUE, IN BLOCK 38 OF EASTLAKE AS SHOWN ON PLAT RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PUEBLO COUNTY, COLORADO ON MARCH 30, 1903 UNDER RECEPTION NO. 120613; THENCE SOUTH 0°29' EAST A DISTANCE OF 51.6 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF MARYLAND AVENUE AS SHOWN ON THE AFORESAID PLAT OF EASTLAKE; THENCE CONTINUING SOUTH 0°29' EAST A DISTANCE OF 501.86 FEET TO THE PONT OF BEGINNING; THENCE NORTH 89°31' EAST A DISTANCE OF 463.00 FEET TO A POINT; THENCE SOUTH 0°29' EAST, A DISTANCE OF 298.14 FEET TO A POINT; THENCE SOUTH 89°31' WEST, A DISTANCE OF 463.0 FEET TO A POINT; THENCE NORTH 0°29' WEST A DISTANCE OF 298.14 FEET TO THE POINT OF BEGINNING, TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS AS CONVEYED IN AGREEMENT RECORDED MAY 19, 1980 IN BOOK 2031 AT PAGE 840, RECEPTION NO. 637218 OF THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER, COUNTY OF PUEBLO, STATE OF COLORADO. PARCEL IV: A TRACT OF LAND IN THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SECTION 13, TOWNSHIP 21 SOUTH, RANGE 65 WEST; THENCE NORTH 89°31' EAST A DISTANCE OF 88.00 FEET, THENCE SOUTH 00°29' EAST ALONG THE EAST LINE OF LAKE AVENUE AND THE EAST LINE OF LAKE AVENUE EXTENDED, A DISTANCE 2278381 05/24/2022 10:54:12 AM Pagge: 101r- 1 cif 14 R 78.00 D 0.00 T 78.00 Silber' Ortiz C e-k/Recc -Jer, 'jeblo County, Co SIII Iia ? F'a!itqN10 ki II III OF 503.46 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°31' EAST, A DISTANCE OF 1980.15 FEET TO THE EAST R.O.W. LINE OF PINE STREET; THENCE SOUTH 00°29' EAST, ALONG SAID EAST R.O.W. LINE OF PINE STREET EXTENDED SOUTH, A DISTANCE OF 50 FEET; THENCE SOUTH 89°31' WEST, A DISTANCE OF 1980.15 FEET TO THE EAST R.O.W. LINE OF LAKE AVENUE; THENCE NORTH 00°29' WEST ALONG SAID R.O.W. LINE OF LAKE AVENUE, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. 2278381 05/24/2022 10:54:13 AM Palgea...}12 yof`■14L'fpf 78.r00�*0 0.00 T 78.00 1111 it11 Rik 11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: LAKE AVENUE SUBDIVISION JN 1801809 DEVELOPER: BLACK HILLS COLORADO ELECTRIC, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PARCEL A WATER 8" PVC Water Main 940 LF @ $47.50/LF = $44,650 Service 1 EA @ $1,200.00/EA = $1,200 SANITARY SEWER: Service 1 EA @ $1,200.00/EA = $1,200 UNDERGROUND ELECTRIC 1510 LF @ $60.00/LF = $90,600 SUBTOTAL $137,650 2278381 05/24/2022 10:54:13 RM :r 13 4 0.00 T .00 Gilbert Ortiz of Cl1erkR/Recor7800derD, Puebla County. Cc VIII rillI i k�Wh�� �Rf��F '�i ��.h�� 01011 MI III II I SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: LAKE AVENUE SUBDIVISION JN 1801809 DEVELOPER: BLACK HILLS COLORADO ELECTRIC, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PARCEL B WATER 8" PVC Water Main 312 LF @ $47.50/LF = $14,820 Service 1 EA © $1,200.00/EA = $1,200 SANITARY SEWER: Service 1 EA @ $1,200.00/EA = $1,200 SUBTOTAL $17,220 2278381 05/24/2022 10:54:13 AM Page: 14 of 14 R 78.00 D 0 00 T 78.00 Gilbert Ortiz C1erk'Pecorder, Pueblo County, Co ■Iil ��.rl LrN�,;r�r�l4 !1 1'iJt l;+'40ti64Eitikii ■III i SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: LAKE AVENUE SUBDIVISION JN 1801809 DEVELOPER: BLACK HILLS COLORADO ELECTRIC, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. TOTAL PROJECT: $154,870 This is an estimate only. Actual construction costs may vary. PREPARED BY: M. CUPPY FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC. The undersigned hereby certifies that(i) the Required Public Improvements shown hereon and on the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the Subdivision 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 (iii) the unit prices shown hereon are the most current unit prices provided by the City of Pueblo. •. �*t NDc�, :Z� GLS/ Z -<: I Professional eer Date • .cc, : • iFFsSipN , `. 6/11 40 Z-2- REVIE D BY: City of Pueblo