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HomeMy WebLinkAbout06871Reception 1485650 02/19/2003 ORDINANCE NO. 6871 AN ORDINANCE AMENDING ORDINANCE NO. 6746 APPROVING THE PLAT OF SOUTHPOINTE TRADE CENTER, FILING NO. 1 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The legal description of the land located in South Pointe Trade Center, Filing No. 1 Subdivision and described in Section 1 of Ordinance No. 6746 is hereby amended to read as follows: A portion of the NE ' / 4, SE '/a and E %z of the SW '/ of Section 23, Township 21 South, Range 65 West of the 6 P.M., lying West of the Westerly right -of -way line of Interstate Highway No. 25 in the County of Pueblo, State of Colorado and being more particularly described as follows: Considering the North line of said Section 23, Township 21 South, Range 65 West of the 6 P.M. to bear N. 89839'29" E. and all bearings contained herein being relative thereto. Commencing at the Northeast corner of said Section 23; thence S. 89839'29" W. (S. 88836'W., hwy.), along the said North line of Section 23, a distance of 272.44 feet to the Westerly right -of -way line of Interstate Highway No. 25, as conveyed to the State Highway Commission of Colorado by Special Warranty Deed recorded in Book 1290 at Page 305 of the Pueblo County records; thence Southwesterly, along said Westerly right -of -way line the following two (2) courses: 1. along the arc of a curve to the right whose center bears N. 70823'03" W. and whose radius is 4484 feet, a distance of 369.20 feet (chord bears S. 21858'29" W., S. 20855'W., hwy.); 2. S. 24819'29" W. (S. 23816' W., hwy.), a distance of 219.68 feet to the South line of a tract of land conveyed to the Pueblo Kennel Association by deed recorded in Book 1744 at Page 827 of the said County records and the True Point of Beginning of the parcel of land herein described; thence continuing Southwesterly, along the said Westerly right -of -way line of Interstate Highway No. 25 the following two (2) courses: 1. S. 24819'29" W. (S. 23816'W., hwy.), a distance of 2149.09 feet; 2. S. 10828'10" E. (S. 11828' E., hwy.), a distance of 42.07 feet; thence Southwesterly, along the arc of a curve to the right whose center bears N. 58805'55" W. and whose radius is 4550 feet, a distance of 1043.57 feet; thence S. 42811'47" W., a distance of 180.21 feet; thence Southwesterly, along the arc of a curve to the right whose center bears N. 42841'48" W. and whose radius is 4562.50, a distance of 501.96 feet; thence S. 53836'25" W., a distance of 59.64 feet; thence S. 12832'30" W., a distance of 62.76 feet; thence S. 32845'11" E., a distance of 5.18 feet; thence S. 53836'25" W., a distance of 113.22 feet; thence N. 82843'12" W., a distance of 61.05 feet; thence S. 57841'00" W., a distance of 3.88 feet; thence N. 36823'35" W., a distance of 132.36 feet; thence N. 07823'21" E., a distance of 64.01 feet; thence N. 53836'25" E., a distance of 113.03 feet; thence S. 39830'12" E., a distance of 3.22 feet; thence S. 82843'12" E., a distance of 61.05 feet; thence N. 57841'00" E., a distance of 59.65 feet; thence N. 53836'25" E., a distance of 7.38 feet; thence Northeasterly, along the arc of a curve to the left whose radius is 4437.50 feet, a distance of 311.15 feet; thence N. 52826'47" E., a distance of 178.85 feet; thence Northeasterly, along the arc of a curve to the left whose center bears N. 42842'40" W. and whose radius is 4450 feet, a distance of 2255.15 feet; thence Northeasterly, along the arc of a reverse curve to the right whose center bears S. 71844'50" E. and whose radius is 3520.50 feet, a distance of 1030.86 feet; thence Northeasterly, along the arc of a second reverse curve to the left whose center bears N. 54858'12" W. and whose radius is 1150 feet, a distance of 84.37 feet to the South line of that said tract of land conveyed to the Pueblo Kennel Association; thence N. 89839'29" E., along said South line, a distance of 7.80 feet to the Point of Beginning. Containing 8.055 acres. is hereby approved, and 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 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 1971 Code of Ordinances, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this ordinance and 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. -qFr.TinN a 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 1971 Code of Ordinances meeting and complying with the subdivision requirements of the City 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 1971 Code of Ordinances, 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 or the final subdivision plat becomes effective. ti,�no to._s O _.1 n P J INTRODUCED: July 22, 2002 BY: Al Gurule CODUN� CILPERSON APPROVED: ®% `C V PRESIDENT OF CITY COUNCIL ATTESTED BY: Y CLERK PASSED AND APPROVED: August 12, 2002 IIIIII VIII IIIIII VIII IIIIII IIII IIIIII III VIII IIII IIII 0 485650 26P ChrisC.Munoz Pueb1oCtvC1k &Reo ORD R 26.00 0 0.00 I CD Background Paper for Proposed ORDINANCE AGENDA ITEM # r-7- DATE: JULY 22, 2002 I'5;zg- DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT/ JIM MUNCH TITLE AN ORDINANCE AMENDING ORDINANCE NO. 6746 APPROVING THE PLAT OF SOUTHPOINTE TRADE CENTER, FILING NO. 1 SUBDIVISION ISSLIE Shall City Council approve a request to amend Ordinance No. 6746 approving the plat of Southpointe Trade Center, Filing No. 1 Subdivision. RECOMMENDATION Staff recommends approval of the amendment. BACKGROUND After the original ordinance was passed for Southpointe Trade Center, Filing no. 1, surveying work on adjacent property discovered additional ROW markers which altered the Southpointe survey by approximately two feet. This amendment will correct that survey boundary. FINANCIAL IMPACT Unknown. Reception 1485653 02/19/2003 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT is made on y *-LE Mye-Q, °� , 'L ov-L , between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and HORIZON COZRMITIES, INC., a Colorado Corporation ( "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 SOUTHPOINTE TRADE CENTER, FILING NO. 1 ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the 1971 Code of Ordinances; and WHEREAS, Subdivider is required by Section 12 -4 -7 (J) of the 1971 Code of Ordinances of the City to construct and install certain public improvements generally described in attached Exhibit `B" and shown on approved construction plans and documents on file at the office of the City's Director of Public Works ( "Required Public Improvements "); and WHEREAS, by Chapter 4, Title XII of the 1971 Code of Ordinances, Subdivider is obligated to provide security or collateral sufficient in the judgement of the City Council to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of 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 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 ". DPW 101 10/21/98 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 costs 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. 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 12- 4 -7(J) of the 1971 Code of Ordinances, Subdivider specifically agrees DPW 101 2 10/21/98 that no certificate of occupancy shalt 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 rear property line of such lots, or the center line of the alley, if there is an DPW 101 3 10/21/98 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 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 concerning this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. 14. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. 15. 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. DPW 101 4 10/21/98 The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. HORIZON COMMUNITIES, INC., a Colorado Corporation Subdivider (SEAL) By: By: d � Robert W. 17eacTT, President The foregoing instrument was acknowledged before me on r cz r.,gaT 1.190 by Robert W. Leach, President of HORIZON COMMUNITIES, INC. Subdivider. a Colorado Corporation " " "j-- .,1yly commission expires: 'l ► o �'lc�v 4 ST' - 2l )4SWPL,rX LOW& ,�• ,..... .••.9p rfa �1.•16Ps�.o� Co WILOO• nT, A X10 0 i ATTEST: * Notary Public CITY OF PUEBLO, a Mui*efpal Co ration j Z� Pr 'dent of City Council City STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 30+lk day of (�T "1 AQ_y a by President of City Council, and in as as City Clerk of the City of L n and and official seal. ri iss n expires: -Z1 -2003 o rJ CC Notary Public NYW� 99 1 " FORM: City Attorney DPW 101 10/21/98 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT A A portion of the NE 1 /4, SE 1 /4 and E 1 /2 of the SW 1 /a of Section 23, Township 21 South, Range 65 West of the 6 th P.M., lying West of the Westerly right -of -way line of Interstate Highway No. 25 in the County of Pueblo, State of Colorado and being more particularly described as follows: Considering the North line of said Section 23, Township 21 South, Range 65 West of the 6 th P.M. to bear N. 89 0 3929" E. and all bearings contained herein being relative thereto. Commencing at the Northeast corner of said Section 23; thence S. 89 0 39'29" W. (S. 88 0 36' W., hwy.), along the said North line of Section 23, a distance of 272.44 feet to the Westerly right -of -way line of Interstate Highway No. 25, as conveyed to the State Highway Commission of Colorado by Special Warranty Deed recorded in Book 1290 at Page 305 of the Pueblo County records; thence Southwesterly, along said Westerly right -of -way line the following two (2) courses: 1. along the arc of a curve to the right whose center bears N. 70 °23'03" W. and whose radius is 4484 feet, a distance of 369.20 feet (chord bears S. 21 0 5829" W., S. 20 hwy.); 2. S. 24 °19'29" W. (S. 23 hwy.), a distance of 219.68 feet to the South line of a tract of land conveyed to the Pueblo Kennel Association by deed recorded in Book 1744 at Page 827 of the said County records and the True Point of Beginning of the parcel of land herein described; thence continuing Southwesterly, along the said Westerly right -of -way line of Interstate Highway No. 25 the following two (2) courses: 1. S. 24 0 19'29" W. (S. 23 hwy.), a distance of 2149.09 feet; 2. S. 10 0 28'10" E. (S. 11 E., hwy.), a distance of 42.07 feet; thence Southwesterly, along the arc of a curve to the right whose center bears N. 58 0 05'55" W. and whose radius is 4550 feet, a distance of 1043.57 feet; thence S. 42 0 11'47" W., a distance of 180.21 feet; thence Southwesterly, along the arc of a curve to the right whose center bears N. 42 0 41'48" W. and whose radius is 4562.50, a distance of 501.96 feet; thence S. 53 0 3625" W., a distance of 59.64 feet; thence S. 12 0 32'30" W., a distance of 62.76 feet; thence S. 32 0 45'11" E., a distance of 5.18 feet; thence S. 53 0 3625" W., a distance of 113.22 feet; thence N. 82 0 43'12" W., a distance of 61.05 feet; thence S. 57 0 41'00" W., a distance of 3.88 feet; thence N. 36 0 2335" W., a distance of 132.36 feet; thence N. 07 0 2321" E., a distance of 64.01 feet; thence N. 53 0 36'25" E., a distance of 113.03 feet; thence S. 39 0 30'12" E., a distance of 3.22 feet; thence S. 82 0 43'12" E., a distance of 61.05 feet; thence N. 57 0 41'00" E., a distance of 59.65 feet; thence N. 53 0 3625" E., a distance of 7.38 feet; thence Northeasterly, along the arc of a curve to the left whose radius is 4437.50 feet, a distance of 311.15 feet; thence N. 52 0 2647" E., a distance of 178.85 feet; thence Northeasterly, along the arc of a curve to the left whose center bears N. 42 0 42'40" W. and whose radius is 4450 feet, a distance of 2255.15 feet; thence Northeasterly, along the arc of a reverse curve to the right whose center bears S. 71 0 44'50" E. and whose radius is 3520.50 feet, a distance of 1030.86 feet; thence Northeasterly, along the arc of a second reverse curve to the left whose center bears N. 54 0 58'12" W. and whose radius is 1150 feet, a distance of 84.37 feet to the South line of that said tract of land conveyed to the Pueblo Kennel Association; thence N. 89 0 39'29" E., along said South line, a distance of 7.80 feet to the Point of Beginning. Containing 8.055 acres. 7 IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDMSION NAME: SOUTHPOINTE TRADE CENTER, FILING NO. 1 DEVELOPER: HORIZON COMMUNITIES ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 1 STREETS (LAKE AVENUE) Asphalt (4" Asphalt on 16" Base) 4,945 SY @ $29.50 /SY = $145,878 Curb and Gutter 1,410 LF @ $10.00 /LF = $14,100 Handicap Ramps 860 SF @ $3.50 /SF = $3,010 Sidewalk 8,710 SF @ $2.50 /SF = $21,775 WATER 16" PVC Water Main 62 LF @ $40.00 /LF = $2,480 12" PVC Water Main 720 LF @ $40.00 /LF = $28,800 Fire Hydrant Assembly 1 EA @ $2,700.00 /EA = $2,700 SANITARY SEWER: 18" PVC Sewer Main 90 LF @ $35.00 /LF = $3,150 24" PVC Sewer Main 655 LF @ $40.00 /LF = $26,200 60" Manholes 2 EA @ $2,500.00 /EA = $5,000 STORM SEWER 24" RCP Pipe 84 LF @ $48.00 /LF = $4,032 Type "S" Inlet, L =10' 1 EA @ $4,000.00 /EA = $4,000 STREET LIGHTS 6 EA @ $1,300.00 /EA = $7,800 MONUMENT BOX 6 EA @ $575.00 /EA = $3,450 BARRICADE 1 EA @ $1,125.00 /EA = $1,125 STREET SIGNS 100' R.O.W. (T- Intersection) 1 EA @ $400.00 /EA = $400 LAKE AVENUE $273,900 IIIIII VIII IIIIII VIII IIIIII VIII VIII III VIII IIII IIII Page: 5653 26P ChrisC.Munoz Pueb1OCtyC1k4Rec SUBD AG R 81.00 0 0.00 i SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBITeB" SUBDIVISION NAME: SOUTHPOINTE TRADE CENTER, FILING NO. 1 DEVELOPER: HORIZON COMMUNITIES ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 1 MISCELLANEOUS IMPROVEMENTS FRONTAGE ROAD: Temporary Access Road 765 SY @ $17.50 /SY = $13,388 Remove existing Frontage Road 785 SY @ $10.00 /SY = $7,850 MISC. IMPROVEMENTS $7,850 TOTAL PHASE 1 $281,750 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 485653 Page: 26P ChrisC.Munoz PuebloCtyClk &Ree SUBD AG R 81.00 0 0.00 0 SUBDMSION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SOUTHPOINTE TRADE CENTER, FILING NO. 1 DEVELOPER: HORIZON COMMUNITIES ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 2 STREETS (LAKE AVENUE) Asphalt (4" Asphalt on 16" Base) Curb and Gutter Sidewalk WATER 12" PVC Water Main Fire Hydrant Assembly SANITARY SEWER: 18" PVC Sewer Main 60" Manholes 6,280 SY @ 1,885 LF @ 11,310 SF @ $29.50 /SY = $10.00 /LF = $2.50 /SF = $185,260 $18,850 $28,275 STREET LIGHTS MONUMENT BOX BARRICADE 945 LF @ $40.00 /LF = 2 EA @ $2,700.00 /EA = 1,030 LF @ $35.00 /LF = 2 EA @ $2,500.00 /EA = 3 EA @ $1,300.00 /EA = 1 EA @ $575.00 /EA = 1 EA @ $1,125.00 /EA = LAKE AVENUE $37,800 $5,400 $36,050 $5,000 $3,900 $575 $1,125 $322,235 IIIIII VIII IIIIII VIII IIIIII VIII VIII III IIIIII III IIII 14856 16 02/19/2003 02:26P ChrisC.Munoz Pueb1oCtyC1k&Rec SUED AG R 81.00 D 0.00 10 IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDMSION NAME: SOUTHPOINTE TRADE CENTER, FILING NO. 1 DEVELOPER: HORIZON COMMUNITIES ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 2 MISCELLANEOUS IMPROVEMENTS FRONTAGE ROAD: Temporary Access Road 990 SY @ $17.50 /SY = $17,325 Remove existing Frontage Road 3 SY @ $10.00 /SY = $31,650 MM. IMPROVEMENTS $31,650 TOTAL PHASE 2 $353,885 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII 0 485653 26E ChrisC.Munoz PuehloCtyClk&Rec SUED AG R 81.00 D 0.00 11 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SOUTHPOINTE TRADE CENTER, FILING NO. 1 DEVELOPER: HORIZON COMMUNITIES ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 3 Asphalt (4" Asphalt on 16" Base) 6,940 SY @ $29.50 /SY = $204,730 Curb and Gutter 2,080 LF @ $10.00 /LF = $20,800 Square Pan Radius 340 SF @ $4.25 /SF = $1,445 7" Conc. Pan 160 SF @ $3.80 /SF = $608 Sidewalk 12,485 SF @ $2.50 /SF = $31,213 Handicap Ramps 124 SF @ $3.50 /SF = $434 WATER 16" PVC Water Main 44 LF @ $40.00 /LF = $1,760 12" PVC Water Main 1,045 LF @ $40.00 /LF = $41,800 Fire Hydrant Assembly 2 EA @ $2,700.00 /EA = $5,400 SANITARY SEWER: 18" PVC Sewer Main 1,095 LF @ $35.00 /LF = $38,325 60" Manholes 1 EA @ $2,500.00 /EA = $2,500 STORM SEWER 42" RCP Pipe 117 LF @ $84.00 /LF = $9,828 54" RCP Pipe 694 LF @ $108.00 /LF = $74,952 Type II Manhole 2 EA @ $2,000.00 /EA = $4,000 Type III Manhole 1 EA @ $5,000.00 /EA = $5,000 STREET LIGHTS 5 EA @ $1,300.00 /EA = $6,500 BARRICADE 1 EA @ $1,125.00 /EA = LAKE AVENUE $1,125 $450,420 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIII 485653 Pa ge: 26P ChrisC.Munoz PuebloCtyClk &Rec SUBD AG R 81.00 D 0.00 12 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SOUTHPOINTE TRADE CENTER, FILING NO. i DEVELOPER: HORIZON COMMUNITIES ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 3 MISCELLANEOUS IMPROVEMENTS FRONTAGE ROAD: Temporary Access Road 580 SY @ $17.50 /SY = $10,150 Remove existing Frontage Road 2 SY @ $10.00 /SY = $27,550 MISC. IMPROVEMENTS $27,550 TOTAL PHASE 3 $477,970 I IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII 1485653 13 of 16 48 P ChrisC.Munoz PueblcCtyClk &Rec SUED AG R 81.00 D 0.00 13 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDMSION NAME: SOUTHPOINTE TRADE CENTER, FILING NO. 1 DEVELOPER: HORIZON COMMUNITIES ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 4 STREETS (LAKE AVENUE) Asphalt (4" Asphalt on 16" Base) 17,250 SY @ $29.50 /SY = $508,875 Curb and Gutter 4,340 LF @ $10.00 /LF = $43,400 Handicap Ramps 2 SF @ $3.50 /SF = $8,855 Sidewalk 22,175 SF @ $2.50 /SF = $55,438 WATER 16" PVC Water Main 285 LF @ $40.00 /LF = $11,400 12" PVC Water Main 1,985 LF @ $40.00 /LF = $79,400 Fire Hydrant Assembly 4 EA @ $2,700.00 /EA = $10,800 SANITARY SEWER: 18" PVC Sewer Main 2 LF @ $35.00 /LF = $71,750 60" Manholes 6 EA @ $2,500.00 /EA = $15,000 STORM SEWER 42" RCP Pipe 1,980 LF @ $84.00 /LF = $166,320 Type II Manhole 2 EA @ $2,000.00 /EA = $4,000 Type 1 -C Manhole 2 EA @ $2,500.00 /EA = $5,000 STREET LIGHTS 11 EA @ $1,300.00 /EA = $14,300 BARRICADE 6 EA @ $1,125.00 /EA = $6,750 STREET SIGNS 100' R.O.W. (4 Way - Intersection) 1 EA @ $600.00 /EA = $600 LAKE AVENUE $1,001 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 485653 Page: 26P ChrisC.Munoz Pueb1oCtyC1k4Rec SUBD AG R 81.00 D 0.00 14 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SOUTHPOINTE TRADE CENTER, FILING NO. 1 DEVELOPER: HORIZON COMMUNITIES ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 4 MISCELLANEOUS IMPROVEMENTS NOLAN TRACE STORM SEWER: 36" RCP Pipe 640 LF @ $72.00 /LF = $46,080 42" RCP Pipe 30 LF @ $84.00 /LF = $2,520 54" RCP Pipe 51 LF @ $108.00 /LF = $5,508 Type 1 -B Manhole 2 EA @ $2,000.00 /EA = $4,000 Type III Manhole 1 EA @ $5,000.00 /EA = $5,000 Type "S" Inlet, L =10' 1 EA @ $4,000.00 /EA = $4,000 DETENTION BASIN Earthwork 15,000 CY @ $2.00 /CY = $30,000 Type "M" Riprap 6 CY @ $50.00 /Cy = $300 Type 1 -B Manhole 2 EA @ $2,000.00 /EA = $4,000 27" RCP outfall 280 LF @ $54.00 /LF = $15,120 36" RCP outfall 366 LF @ $66.00 /LF = $24,156 24" RCP slob 8 LF @ $48.00 /LF = $384 Outlet Structure 1 EA @ $1,000.00 /EA = $1,000 MISC. IMPROVEMENTS $142,068 TOTAL PHASE 4 $1,143,356 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII P 485653 26P ChrisC.Munoz Pueb1oCtyC1k &Rec SUED AG R 81.00 0 0.00 15 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "Be SUBDMSION NAME: SOUTHPOINTE TRADE CENTER, FILING NO. 1 DEVELOPER: HORIZON COMMUNITIES ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE S MISCELLANEOUS IMPROVEMENTS LAKE AVENUE STORM SEWER OUTFALL: 54" RCP Pipe 438 LF @ $108.00 /LF = $47,304 Type 1 -B Manhole 1 EA @ $2,000.00 /EA = $2,000 FUTURE STREET STORM SEWER OUTFALL: 34 "x53" HERCP Pipe 775 LF @ $120.00 /LF = $93,000 43 "x68" HERCP Pipe 396 LF @ $130.00 /LF = $51,480 Type III Manhole 3 EA @ $5,000.00 /EA = $15,000 DETENTION BASIN Earthwork 50,000 CY @ $2.00 /CY = $100,000 Type "M" Riprap 115 CY @ $50.00 /CY = $5,750 6" Concrete Spillway 2,150 SF @ $3.50 /SF = $7,525 TOTAL PHASE 5 #322,059 TOTAL ALL PHASES $2,579,019 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. The undersigned hereby certifies that (I) 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. -c' a. � ".��.• `l \ \ .��' iF � Professional Engineer Date PREPARED BY: PWT FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC. REVIEWED BY: CITY OF PUEBLO 16 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 485653 26E ChrisC.Munoz Pueb1oCtyC1k&R SUBD AG R 81.00 D 0.00 Reception 1485654 02/19/2003 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (Southpointe Trade Center, Filing No. 1) Whereas, Pueblo, a municipal corporation (the "City") and Horizon Communities, Inc., a Colorado corporation, as subdivider (the "Subdivider ") entered into a Subdivision Improvements Agreement dated Uecnm�r Q , 2002 (the "Agreement "), for Southpointe Trade Center, Filing No. 1 (the "Subdivision "). Now therefore, in order to induce the City to approve and execute the Agreement and in consideration of the foregoing, and the mutual covenants contained herein, City and Subdivider agree as follows: 1. The capitalized terms in this Addendum shall have the same meaning as those terms are used in the Agreement unless the context clearly provides otherwise. 2. This Addendum shall be incorporated in and become a part of the Agreement and enforceable as provided in the Agreement. 3. Subdivider represents and warrants that it is the record owner in fee simple of the real property adjacent to the Subdivision and described in the attached Exhibit "A" (the "Adaj cent Land ") and has the legal authority to bind the Adjacent Land and subject it to the obligations and restrictions contained in this Addendum. 4. Subdivider shall, within one hundred eighty (180) days after applying for a building permit to construct any building or structure within the Adjacent Land, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, construct and install at its sole cost the Required Public Improvements described in Exhibit `B" to the Agreement or as specified and described in any subsequent Subdivision Improvements Agreement and Phasing Addendum for all or any part of the Adjacent Land. The Required Public Improvements shall not be deemed to have been constructed or installed until after approval thereof by the City's Director of Pubic Works ( "Director "). 5. Upon failure, refusal, or neglect of Subdivider or any subsequent owner of the Adjacent Land to timely construct and install the Required Public Improvements, no additional building permits shall be issued to Subdivider or the subsequent owner or to any other person to build or construct any building or structure within the Adjacent Land until such default is remedied to the satisfaction of the Director. In addition, City is granted the right (but not the obligation) to construct and install all or any part of the Required Public Improvements and to recover all cost and expense therefor including an administrative charge of 15% from the Subdivider and the owners of the Adjacent Land. All such City's cost and administrative charge plus interest thereon at the rate 8 percent per annum shall become a perpetual lien on the Adjacent Land 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 Adjacent Land signed by the Director. This Addendum maybe specifically enforced against the Subdivider and subsequent owners of the Adjacent Land. All remedies provided for in IIIIII IIIII IIIIII IIIII IIIIII IIIII IIIII III VIII IIII IIII 0 485654 ChrisC.Munoz Pueb1oCt YCIk &Rec ADD AG R 26.00 D 0.00 this Addendum and the Agreement are cumulative and the use of one shall not preclude the use of another. The covenants of this Addendum shall run with the Adjacent Land and shall extend to, be binding upon, and inure to the benefit of City and Subdivider and their respective successors and assigns. Executed at Pueblo, Colorado as of SUBDIVIDER: HORIZON COMMUNITIES, INC. 3. "Agn Lar v ?J > 2001. PUEBLO, A MUNICIPAL CORPORATION By Director of Public Works Title: President STATE OF COLORADO COUNTY OF PUEBLO ss The foregoing instrument was acknowledged before me the 8th day of January 200$3by Robert. W. Leach Inc. a Colorado corporation. Witness my hand and official seal. My commission expires: C 8 -31 -06 as President and Horizon Communities, Flfi1w\CITYWublic WorWSids\ADDNDM2.wpd _2 "EXHIBIT A" LAND DESCRIPTION OF COMMERCIAL SITE ADJACENT TO LAKE AVENUE: A portion of the NE 1 /4, SE 1 14, E 1 /2 of the SW 1 /a and SE' /a of the NW 1 /a of Section 23, Township 21 South, Range 65 West of the 6"' P.M., lying West of the Westerly right -of- way line of Interstate Highway No. 25 in the County of Pueblo, State of Colorado and being more particularly described as follows: Considering the North line of said Section 23, Township 21 South, Range 65 West of the 6 P.M. to bear N. 89 0 3929" E. and all bearings contained herein being relative thereto. Commencing at the Northeast corner of said Section 23; thence S. 89 0 3929" W., along the said North line of Section 23, a distance of 272.44 feet (S. 88 0 36' W. 272.1 feet, hwy.) to the Westerly right -of -way line of Interstate Highway No. 25, as conveyed to the State Highway Commission of Colorado by Special Warranty Deed recorded in Book 1290 at Page 305 of the Pueblo County records; thence Southwesterly, along said Westerly right -of -way line the following three (3) courses: 1. along the arc of a curve to the right whose center bears N. 70 °23'03" W. and whose radius is 4484 feet, a distance of 369.20 feet (chord bears S. 21 0 5829" W., S. 20 hwy.); 2. S. 24 0 19'29" W. (S. 23 "W., hwy.), a distance of 219.68 feet to the South line of a tract of land conveyed to the Pueblo Kennel Association by deed recorded in Book 1744 at Page 827 of the said County records; 3. continuing S. 24 0 19'29" W. (S. 23 hwy.), a distance of 159.43 feet to the True Point of Beginning of the parcel of land herein described; thence continuing Southwesterly, along the said Westerly right -of -way line of Interstate Highway No. 25 the following two (2) courses: 1. S. 24 (S. 23 hwy.), a distance of 1989.65 feet; 2. S. 10 0 28'10" E. (S. 11 hwy.), a distance of 182.50 feet to the Westerly right -of -way line of State Highway No. 1, as conveyed to The Department of Highways, State of Colorado by deed recorded in Book 1482 at Page 152 of the said Pueblo County records; "EXHIBIT A" thence continuing Southwesterly, along the said Westerly right -of -way line of Interstate Highway No. 25 (State Highway No. 1) the following two (2) courses: 1. S. 24 °1929" W., a distance of 920.15 feet (S. 24 909.7 feet, hwy.); 2. Southwesterly, along the arc of a curve to the left whose center bears S. 65 0 4031" E. and whose radius is 5780 feet, a distance 1508.77 feet; thence N. 15 0 05'08" W., a distance of 231.26 feet; thence Northwesterly, along the arc of a curve to the left whose radius is 2000 feet, a distance of 743.77 feet; thence N. 36 0 23'35" W., a distance of 1111.95 feet; thence Northeasterly, along the arc of a curve to the left whose center bears N. 36 0 2335" W. and whose radius is 1500 feet, a distance of 477.16 feet; thence N. 35 0 22'51" E., a distance of 1884.74 feet; thence Northerly, along the arc of a curve to the left whose radius is 1000 feet, a distance of 623.48 feet; thence N. 00 0 2031" W., a distance of 124.52 feet; thence N. 89 0 3929" E., a distance of 725.58 feet; thence Southeasterly, along the arc of a curve to the right whose radius is 500 feet, a distance of 298.95 feet; thence S. 56 0 05'05" E., a distance of 32.24 feet to the Point of Beginning. Containing 96.152 acres. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 Street Pueblo, CO 81003 May 7, 2002 JN 96 105 08 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 485654 Page: 26P ChrisC.Mun= PuebloCtvC1k &ReC ADD AG R 26.00 D 0.00 .m w07uouss parcrplexh.dwg 4 c 6 ` c POC se9 J929b' 2724' 14 13 L- 36920' 23 4 R -44"00 p N S A- 04 T om Q� ~ 8 % "La / , i Plx90 • 175247979'W Q i — MOLAN TRACE 379.17' `� � ��.-- i 124.52 L- 29&95 f /i R -70 8 j d'��26J tQ.�� •ty a_t' &-J5'4 -j Rs6ns 2 3224' 1 h 96.152 ACRES 1 NW 1/4 NE 1/4 / s79WmT / L -477.76 / R- 7501409 A-w7jw L, V SW 1/4 SE 1/4 l � R SCALE. 1' = 600 {( 37 99a 9 ( A- 143722' 0 30a soo• lzoa i f 7%J�7 L-ux } A-27 Nis 26 1485654 IIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 02/19/2003 02:26 ChrisC.Munoz PuebloC tyClk6Rec ADD AG R 26.00 D 0.00 .m w07uouss parcrplexh.dwg Reception 1485655 02/19/2003 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the �DE canzErs- 9 , 2002 , Subdivision Improvements Agreement for SOUTHPOINTE TRADE CENTER, FILIN NO. 1 (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. The Subdivider will develop the Subdivision in separate phases in the sequence described in the attached Exhibit "A ". 2. The Subdivider shall construct and install all Required Public Improvements in the manner and as described in the Subdivision Improvements Agreement needed and required to serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A ". 3. For purposes of determining the extent and timing of the Required Public Improvements, each Phase shall be considered as a separate subdivision. 4. After completion of all Required Public Improvements for any Phase and approval thereof by the Director of Public Works, the City will release the lots in that Phase from the Subdivision Improvements Agreement and this Addendum. 5. Any development of the Subdivision contrary to the phasing sequence set forth in paragraph 1 above without the prior written approval of the Director of Public Works ( "Director ") shall constitute a breach of the Subdivision Improvements Agreement and this Addendum and City may thereafter refuse to approve the issuance of building permits for construction within the Subdivision. No modifications to the phasing sequence set forth in the attached Exhibit "A" shall be considered by the Director until the Subdivider's engineer certifies in writing that the requested modifications will not result in any lot in the Subdivision being inadequately served by required public improvements. 6. The Subdivision Improvements Agreement as amended by this Addendum shall remain in full force and effect and the covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and Subdivider and their respective heirs, personal representatives, successors, and assigns. Executed at Pueblo, Colorado, as of HORIZON COMMUNITIES, INC., a Colorado Corporation Subdivider By: LJo Robert W. Leach, President C DPW 103 August 1, 2002 STATE OF COLORADO ss I IIIIII VIII IIIIII VIII IIIIII VIII VIII III VIII IIII IIII 1485655 2 of 3 P COUNTY OF PUEBLO ChrisC.Mun= Pueh1oCtyC1k &Rec ADD AG R 16.00 D 0.00 The foregoing instrument was acknowledged before me this day of 8G.6Vn,'NM 2 , 2002 by Robert W. Leach, President , of Subdivider. Horizon Communities, Inc., a Colorado Corporation Witness my hand and official seal. My commission expires: -) 11 Q1 -Lt b G c c 21 N6wR qo. Y.. LAtrs 1 Q GoL.oQ.Q{►v s fM C) 01 Notary Public CITY OF PUEBLO, A Municipal Corporation By: President of City Council DPW103 August 1, 2002 IIIIII VIII IIIIII VIII IIIIII VIII VIII III VIII IIII IIII 148 of 3 P ChrisC.Munoz Pueb1oCtyC1k &Rec ADD AG R 16.00 D 0.00 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" The Subdivider will develop the Subdivision in separate phases in the following sequence: 1. Phase 1 shall consist of the following street improvements within the Subdivision: Lake Avenue begin Station 16 +28.14 end Station 23 +57.79 and access road to existing frontage road 2. Phase 2 shall consist of the following street improvements within the Subdivision: Lake Avenue begin Station 23 +57.79 end Station 33 +00.00 and access road to existing frontage road 3. Phase 3 shall consist of the following street improvements within the Subdivision: Lake Avenue begin Station 33 +00.00 end Station 43 +40.45 and access road to existing frontage road 4. Phase 4 shall consist of the following street improvements within the Subdivision: Lake Avenue begin Station 43 +40.45 end Station 63 +10.35 5. Phase 5 shall consist of the following 'off- site" improvements for the Subdivision: Off -site storm drainage improvements, including storm drainage detention basin 3 Reception 1485656 02/19/2003 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 4 day of J)2 `- , 2002 , by PUEBLO KENNEL ASSOCIATION, a Grantor, to Pueblo, a Municipal corporation, Grantee: Colorado Corporation WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, a 20 foot easement and right of way for the purpose of storm drainarae , in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, and described as follows See attached EXHIBITS A and B TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance, control and repair, and together with the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy said property for any purpose consistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected any building or any other structure upon the easement. Grantee shall have the right to remove, at Grantor's expense, buildings, structures and other objects located on the easement interfering with the construction, maintenance, operation, control or use of the easement for its intended purpose. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the easement and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This easement and right of way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED this q1t_ day of ]1- .2002 Grantor: PUEBLO KENNEL ASSOCIATION, a Colorado rporation By: Ty Howard, President COUNTY OF PUEBLO ) STATE OF COLORADO ) sg_ 'The foregoing instrument was acknowledged before me this q day of 200 by Ty Howard President of Puebl Kennel Association, a Colorado Corporation x y "Prta}y hand and official seal. N �{ 14J0 TA My . t rte d � sionexpires: s ; LS U Q L Q) Notary Notary Public EXHIBIT A STORM DRAINAGE EASEMENT: An easement for storm drainage purposes, through a portion of the SE 1 /4 of the SE '/a of Section 14, Township 21 South, Range 65 West of the 6"' P.M., lying West of the Westerly right -of -way line of Interstate Highway No. 25 in the County of Pueblo, State of Colorado, being 20 feet in width and being more particularly described as follows: Considering the South line of said Section 14, Township 21 South, Range 65 West of the 6"' P.M. to bear N. 89 0 39'29" E. and all bearings contained herein being relative thereto. Beginning at the Southwest corner of Palmer Avenue, as platted in Lake Gardens, Second Filing, according to the recorded plat thereof, filed for record May 29, 1902: thence N. 89 0 28'06" E., along the South subdivision boundary line of said Second Filing, a distance of 26.68 feet; thence S. 40 0 54'30" W., a distance of 102.65 feet; thence S. 00 0 35'29" W., a distance of 114.80 feet to the South line of said Section 14; thence S. 89 °39'29" W., along said South line, a distance of 20.00 feet to the West line of the said SE 1 /a of the SE 1 /4; thence N. 00 0 3529" E., along said West line, a distance of 122.47 feet; thence N. 40 0 54'30" E., a distance of 92.33 feet to the Point of Beginning. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 Street Pueblo, CO 81003 August 7, 2002 IN 96 105 08 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 485656 Page: 26P Chr i I . Mun z Pu C EASE R 16.00 D 0.00 ChrisC.Munoz PueblCCtyClk &Re E X H IB I T "B " Q 4 P.O.B. 2 06"E 6.68 .4. 5 20' DRAWA E EASEMEFVT N)N ✓t 889 SOUTH LINE SECTION 14 PUEBLO KENNEL ASSOCIATION BOOK 1744 PACE 827 NOT M ScAtE FUTURE STREET -F A IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 485656 Page: III IIII ChrisC. Munoz Pue6loCt Clk Y &Rec /19/2003 02.26P EASE R 16.00 D 0.00 Reception 1485657 02/19/2003 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this - day of y Frank J. Scanio, Jr. and . Grantor, to PUEBLO, a Municipal Corporation, Gran Z �b Marion Rooke Scanio, Trustees WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of ingress and egree drainage and all public utilities in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as and described as follows: (the "Property") See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this ® ' day of , 1 2 i . GRANTOR GRANTOR /� ,{ By: /C u-*� es'C&n Frank J. Scanio, Jr., Trustee Marion Rooke canio, Trustee COUNTY OF ffJMM ) NUECES ss. STATE OF GfiLX=AM) TEXAS l /f The fore oing instrument was acknowledged before me this �� day of J,e0D-,0-- , by Frank J. Scanio, Jr. and Marion Rooke Scanio, Trustees. Witness my hand and official seal. My commission expires: (SEAL) Lew EAVONNE SCHLAIACH Notary Public Ot8 nhlic DPW 111 My Cmm. Erp. 02-02 2006 1485657 Page: I of 02/06/02 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 48 2 of 3 P ChrisC.Munoz Pueb1OCtyC1k &Reo EASE R 16.00 0 0.00 EXHIBIT A INGRESS AND EGRESS, DRAINAGE AND PUBLIC UTILITY EASEMENT: An easement for ingress and egress, drainage and public utility purposes through a portion of the NE 1 /a of Section 23, Township 21 South, Range 65 West of the 6"' P.M., lying West of the Westerly right -of -way line of Interstate Highway No. 25 in the County of Pueblo, State of Colorado, being 80 feet in width and being more particularly described as follows: Considering the North line of said Section 23, Township 21 South, Range 65 West of the 6 P.M. to bear N. 89 0 39'29" E. and all bearings contained herein being relative thereto. Commencing at the Northeast corner of said Section 23; thence S. 89 0 39'29" W., along the said North line of Section 23, a distance of 1189.92 feet to the Northwest corner of a tract of land conveyed to the Pueblo Kennel Association by deed recorded in Book 1744 at Page 827 of the Pueblo County records; thence S. 00 0 3231" E., along the West line of said tract of land, a distance of 541.10 feet to the Southwest corner thereof; thence S. 89 0 39'29" W., along the South line of a Drainage Detention Easement, a distance of 456.47 feet; thence S. 00 0 2031" E., a distance of 80.00 feet to the True Point of Beginning of the easement herein described; thence N. 89 0 3929" E., along the South line of an Ingress and Egress Easement, a distance of 80.00 feet; thence S. 00 0 20'31" E., a distance of 84.52 feet; thence Southwesterly, along the arc of a curve to the right whose radius is 1040 feet, a distance of 648.42 feet; thence S. 35 0 2251" W., a distance of 120.01 feet; thence N. 54 0 37'09" W., a distance of 80.00 feet; thence N. 35 0 22'51" E., a distance of 120.01 feet; thence Northeasterly, along the arc of a curve to the left whose radius is 960 feet, a distance of 598.54 feet; thence N. 00 0 2031" W., a distance of 84.52 feet to the Point of Beginning. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5"' Street Pueblo, CO 81003 February 15, 2002 JN 96 105 08 EXHIBI T "a" 80' INGRESS AND EGRESS, DRAINAGE AND PUBLIC UTILITY EASEMENT JN 9F I IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIII VIII IIII II I 1485657 3 of 3 P I ChrisC.Munoz PuebloCtyClk6Rec EASE R 16.00 0 0.00 Reception 1485658 02/19/2003 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this day of �DD ts y Frank J. Scanio,Jr. and Grantor, to PUEBLO, a Municipal Corporation, Grantee: Marion Rooke Scanio, Trustees WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of drainage , in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as and described as follows: (the «Pr operty „ ) See attached Exhibit "A” TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this day of dJ iiv , 4 VD,1� GRANTOR: GRA � N / T �j OR Q we By: aA"011 Frank J. Scanio, Jr., Trustee Marion Rooke Scanio, Trustee COUNTY OF PBU9& ) NUECES ss. STATE OF WLtRAM) TEXAS The fo egoing instrument was acknowledged before me this day of ,&( p0L by Frank J. Scanio, Jr. and Marion Rooke Scanio, Trustees. Witness my hand and official seal. My commission expires: 04 O!Q (SEAL) �,,..�, LAVONNE SCHLABACH Notary Public � /�J�j'f c � , �IVOtary b11C DPW 111 •o�✓' Comm. D• 02 02 EXHIBIT A DRAINAGE EASEMENT: An easement for drainage purposes, through a portion of the NE 1 /4 of Section 23, Township 21 South, Range 65 West of the 6 th P.M., lying West of the Westerly right -of- way line of Interstate Highway No. 25 in the County of Pueblo, State of Colorado, being 20 feet in width, 10 feet on each side of the following described centerline: Considering the North line of said Section 23, Township 21 South, Range 65 West of the 6 th P.M. to bear N. 89 0 3929" E. and all bearings contained herein being relative thereto. Commencing at the Northeast corner of said Section 23; thence S. 89 0 3929" W., along the said North line of Section 23, a distance of 1189.92 feet to the Northwest corner of a tract of land conveyed to the Pueblo Kennel Association by deed recorded in Book 1744 at Page 827 of the Pueblo County records; thence S. 00 0 3231" E., along the West line of said tract of land, a distance of 541.10 feet to the Southwest corner thereof; thence S. 89 0 3929" W., along the South line of a Drainage Detention Easement, a distance of 456.47 feet; thence S. 00 0 2031" E., a distance of 80.00 feet to the West line of an Ingress and Egress Easement; thence Southwesterly, along said West line the following three (3) courses: 1. S. 00 0 2031" E., a distance of 84.52 feet; 2. Southwesterly, along the arc of a curve to the right whose radius is 960 feet, a distance of 598.54 feet; 3. S. 35 0 22'51" W., a distance of 89.97 feet; 4. S. 54 0 37'09" E., a distance of 80.00 feet to the True Point of Beginning of the easement centerline herein described; thence S. 54 0 35'20" E., a distance of 813.96 feet to the Westerly right -of -way line of Lake Avenue, as platted in SouthPointe Trade Center, Filing No. 1, according to the recorded plat thereof and the Point of Terminus. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, CO 81003 February 18, 2002 ]N 96 105 08 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIII 485658 Page: 26P ChrisC.Munoz Pueb1oCtyC1k&Rec EASE R 16.00 D 0.00 EXHIBI r °e 20' DRAINAGE EASEMENT IIIIII VIII IIIIII VIII VIII) VIII VIII III VIII IIII IIII Page: 3 of 3 1485658 ChrisC.Munoz PuebloCtyClk&Rec EASE R 16.00 D 0.00 Reception 1485659 02/19/2003 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this J � day of y Frank J. Scanio, Jr. and Grantor, to PUEBLO, a Municipal Corporation, Grantee: Marion Rooke Scanio, Trustees WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of ingress and egr ess, drainage and all p ublic utilities in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as and described as follows: (the "Property") See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this day of _�l�Gi74f✓ A GRANTOR: GRANTOR By: Gj9a��^ -�-0 L By: Q/L! Frank J. Sc io, Jr., Trustee Marion Rooke canio, Trustee COUNTY OF RUEEM ) NUECES ss. STATE OF aCIVflMM) TEXAS The fore mg instrument was acknowledged before me this ° I day of F e- l , by Frank J. Scanio, Jr. and Marion Scanio, Trustees. Witness my hand and official seal. My commission expires: (SEAL) r ,,.•�•�. LAVONNE SCHLABACH Notary Public STATE OF DPW 11 '�►a�*' My Comm. UP. 0 X5200 /1485659 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 48565926P ChrisC.Munoz Pueb1OCtYC1k&Rec EASE R 16.00 D 0.00 EXHIBIT A INGRESS AND EGRESS, DRAINAGE AND PUBLIC UTILITY EASEMENT: An easement for ingress and egress, drainage and public utility purposes through a portion of the NE 1 /a of Section 23, Township 21 South, Range 65 West of the 6 th P.M., lying West of the Westerly right -of -way line of Interstate Highway No. 25 in the County of Pueblo, State of Colorado, being 80 feet in width and being more particularly described as follows: Considering the North line of said Section 23, Township 21 South, Range 65 West of the 6 th P.M. to bear N. 89 0 3929" E. and all bearings contained herein being relative thereto. Commencing at the Northeast corner of said Section 23; thence S. 89 0 3929" W., along the said North line of Section 23, a distance of 1189.92 feet to the Northwest corner of a tract of land conveyed to the Pueblo Kennel Association by deed recorded in Book 1744 at Page 827 of the Pueblo County records; thence S. 00 0 3231" E., along the West line of said tract of land, a distance of 541.10 feet to the Southwest corner thereof and the True Point of Beginning of the easement herein described; thence N. 89 0 3929" E., a distance of 309.11 feet; thence Southeasterly, along the arc of a curve to the right whose radius is 540 feet, a distance of 322.87 feet; thence S. 56 0 05'05" E., a distance of 0.24 feet to the said Westerly right -of -way line of Interstate Highway No. 25, as conveyed to the State Highway Commission of Colorado by Special Warranty Deed recorded in Book 1290 at Page 305 of the Pueblo County records; thence Southwesterly, along said Westerly right -of -way line and along the arc of a curve to the right whose center bears S. 55 0 26'01" E. and whose radius is 3520.50 feet, a distance of 80.00 feet; thence N. 56 0 05'05" W., a distance of 0.24 feet; thence Northwesterly, along the arc of a curve to the left whose radius is 460 feet, a distance of 275.04 feet; thence S. 89 0 39'29" W., a distance of 765.58 feet; thence N. 00 0 2031" W., a distance of 80.00 feet to the South line of a Drainage Detention Easement; thence N. 89 0 3929" E., along said South line, a distance of 456.47 feet to the Point of Beginning. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, CO 81003 February 8, 2002 IN 96 105 08 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1485659 11111 Jill 1111 Page: 3 of 3 ChrisC.Munoz PuebloCtyClkBReo EASE 0 2/19/2003 02:28P R 18.00 D 0.00 EXHIBI T »B INGRESS AND EGRESS, DRA /NAGS AND PUBLIC UTILITY EASEMENT A 9610508 Reception 148566 02/19/2003 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this � day of �(!Oi ®�,,,,,��� by Frank J. Scanio, Jr. and Grantor, to PUEBLO, a Municipal Corporation, Grantee Marion Rooke Scanio, Trustees WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of drainage derenti on in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as and described as follows: (the "Property") See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this � -4 ay of GRANTOR: 2 Frank J. Scanio, Jr., Trustee COUNTY OF NUUBM ) NUECES ) SS. STATE OF OMORMM ) TEXAS GRANTOR By: )n Ri Marion Rooke Scanio, Trustee The fore oing instrument was acknowledged before me this day of ` fri B ®1 by Frank J. Scanio, Jr. and Marion Rooke Scanio, Trustees. Witness my hand and official seal. My commission expires: 2-11 ps (SE ).. LAyONNE SCHLABACH Notary Public DPW • y STATE OF TEXAS 3on�`�� 02/06 My Comm. UP. 02 -02 -2006 L� ot blic 1111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII P 48 of 3 P ChrisC.Munoz Pueb1OCtyC1k&Rec EASE R 16.00 D 0.00 EXHIBIT A DRAINAGE DETENTION EASEMENT: An easement for drainage detention purposes through a portion of the NE 1 /a of Section 23, Township 21 South, Range 65 West of the 6 P.M., lying West of the Westerly right -of -way line of Interstate Highway No. 25 in the County of Pueblo, State of Colorado and being more particularly described as follows: Considering the North line of said Section 23, Township 21 South, Range 65 West of the 6 th P.M. to bear N. 89 0 3929" E. and all bearings contained herein being relative thereto. Commencing at the Northeast corner of said Section 23; thence S. 89 0 3929" W., along the said North line of Section 23, a distance of 1189.92 feet to the Northwest corner of that tract of land conveyed to the Pueblo Kennel Association by deed recorded in Book 1744 at Page 827 of the Pueblo County records and the True Point of Beginning of the easement herein described; thence S. 00 0 3231" E., along the West line of said tract of land, a distance of 541.10 feet to the Southwest corner thereof; thence S. 89 0 3929" W., a distance of 1052.32 feet; thence N. 00 0 2031" W., a distance of 541.10 feet to the said North line of Section 23; thence N. 89 0 3929" E., along said North line, a distance of 1050.43 feet to the Point of Beginning. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, CO 81003 February 6, 2002 IN 96 105 08 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Pa ge: 485660 ChrisC.Munoz PuebloCtyClk &Reo EASE R 16.00 D 0.00 EXHIBI T °a" DRAINAGE DETENTION EASEMENT ------- +-- - - - - -� I I LOT 3 I i LOT F I -Aj I I �* + I r LoT s I II 1 L------- I -L- - I - - - -- A 9610508