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
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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
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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 ".
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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LOT F
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- - - --
A 9610508