HomeMy WebLinkAbout06885Reception 1481755
01/28/2003
ORDINANCE NO. 6885
AN ORDINANCE APPROVING THE PLAT OF MINNEQUA
INDUSTRIAL PARK, 2ND FILING SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Minnequa Industrial Park, 2nd Filing Subdivision, being a
subdivision of land legally described as:
A parcel of land being a portion of the East one -half of Section 23, a portion of the West
one -half of Section 24 and a portion of the Northeast one - quarter of Section 26,
Township 21 South, Range 65 West of the Sixth Principal Meridian, City of Pueblo,
County of Pueblo, State of Colorado, said parcel being more particularly described as
follows:
Beginning at a point on the Easterly right of way of Interstate Highway No. 25 said point
being the most Westerly corner of Minnequa Industrial Park First Filing, as recorded in
Book 1770 at Page 253 of the Pueblo County Records. Said point being the True Point
of Beginning.
Thence S 14 46'55" W along the Easterly right of way of Interstate Highway No. 25, a
distance of 3464.93 feet to the beginning of a tangent curve to the left having a radius of
5568.00 feet.
Thence along the arc of a curve 1111.55 feet through a central angle of 11 ° 26' 17"
along said right of way.
Thence S 03 20'38" W a distance of 1032.48 feet along said right of way.
Thence N 24 28'56" E a distance of 5528.84 feet.
Thence N 65 32'25" W a distance of 782.99 feet.
Thence N 75 15' 11" W a distance of 475.06 feet to the True Point of Beginning.
Said parcel contains 94.45 acres more or less,
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 open spaces have been constructed and installed in compliance
and in accordance with the requirements and provisions of Chapter 4, Title XII of the
Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto.
SECTION 3.
Neither the adoption of this ordinance nor the requirements imposed hereby shall
create any duty or obligation of any person, firm, corporation or other entity with regard
to the enforcement or nonenforcement of this ordinance or the City's Subdivision
Ordinances and regulations. No person, firm, corporation or other entity shall have any
private right of action, claim or demand against the City or its officers, employees or
agents, for any injury, damage or liability arising out of or in any way connected with the
adoption, enforcement, or nonenforcement of this ordinance or the Subdivision
Ordinance and Regulations of the City, or the engineering, surveying, drainage
improvement or other work or improvements required thereby. Nothing in this
ordinance or in the City's subdivision ordinances and regulations shall create or be
construed to create any claim, demand or liability against the City or its officers,
employees or agents, or to waive any of the immunities, limitations on liability, or other
provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq.
Colorado Revised Statutes, or to waive any immunities or limitations on liability
otherwise available to the City or its officers, employees or agents.
SECTION 4.
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 with such modifications, if any, approved by City
Council, have been filed with and approved by the Director of Public Works, and (b) the
final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder.
If any such filings and approvals have been deferred pursuant to Section 12 -4 -5 (B) (2)
of the Pueblo Municipal Code, and are not for any reason filed and approved within one
(1) year after final passage of this Ordinance, or within any extended period granted by
Resolution of the City Council, this ordinance shall automatically be rescinded and
repealed thirty (30) days after written notice of such rescission and repeal is given to the
Subdivider. No vested rights shall accrue to the subdivision or be acquired until this
Ordinance becomes effective.
t
INTRODUCED: August 12, 2002
BY: Al Gurule
C NCILPERSON
APPROVED: ""'
PR (DENT OF CITY COUNCIL
S ) .,
ATTESTED BY:
CLERK
PASSED AND APPROVED: August 26 2002
9�a ��sss
CD �j
u
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # ><, 19
DATE: AUGUST 12, 2002
DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT /JIM MUNCH
TITLE
AN ORDINANCE APPROVING THE PLAT OF MINNEQUA INDUSTRIAL PARK 2ND
FILING SUBDIVISION
ISSUE
Shall City Council approve a request to subdivide this property for the purpose of
developing multiple industrial sites?
RECOMMENDATION
The Planning and Zoning Commission voted 6 -0 to recommend approval of the plat.
The following modifications were made to the plat which are allowed in the City Code of
Ordinances, Sec. 12 -4 -10. Modifications.
1. No secondary access for the subdivision is required
2. No intersecting roadways within '/a mile
BACKGROUND
The applicant is proposing to subdivide property into 2 lots for the purpose of
constructing an industrial warehouse.
FINANCIAL IMPACT
None
Reception 1481757
01/28/2003
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made on January 8 2003 , between the CITY OF
PUEBLO, a Municipal Corporation ( "City"), and PEDCO Foundation, 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
Minnequa Industrial Park, Second Filing
( "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 impro- emcnts 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:
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 am 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
that no certificate C_ occupancy shall be issued by the Pueblo Regional Building
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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
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ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 51.00 D 0.00
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
and acting officer.
r
i
(SEAL)
By: RoL f'Anderson. Chairma
PEDCO Foundation, Inc.
By:
The foregoing instrument was acknowledged
ledged before me on n n t % Subdivider.
200 3 , by Rolf Anderson Chairman PEDQ0 Foundation, Inc—)
My commission
C- , a ZC
•uni K�Aa •P;
\ t Cox
O its
ATTEST:
A
STATE OF COLORADO ) .
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was ackno"
c�YVtia 7 -
President of ity C
Pueblo, Colorado.. ; ' '•
Witness m�, hand and official $eat.
tP�.•,p4 �Gr •Qp
N4y commi5 If S.40 P
C ^
Notary Public
�ITY OF PUEBLO, a M oration
By:
President of City Council
3'
d before me this day of
1\�'5oua , as
A,o r as City Clerk of the City of
r
[ SEAL]
My Commission Expires 05/26/2003
APPROVED AS TO FORA:
City Attome, �—
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Notary Public
1
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ChrisC.munoz PuebloCtYCIARec. SUBD R c R
5
duly authorized
Exhibit A
A Parcel of Land being a portion of the East one -half of Section 23, a portion of the West one -
half of Section 24 and a portion of the Northeast one - quarter of Section 26, Township 21 South,
Range 65 West, of the Sixth Principal Meridian, City of Pueblo, County of Pueblo, State of
Colorado, said parcel being more particularly described as follows:
Beginning at a point on the Easterly right of way of Interstate Highway No. 25 said point being
the most Westerly corner of Minnequa Industrial Park First Filing, as recorded in Book 1770 at
Page 253 of the Pueblo County Records. Said point being the True Point of Beginning.
Thence S 14° 46' 55 "W along the Easterly right of way of Interstate highway No. 25, a
distance of 3464.93 feet to the beginning of a tangent curve to the left having a radius of
5568.00 feet.
Thence along the arc of a curve 1111.55 feet through a central angle of 11 ° 26' 17" along said
right of way.
Thence S03° 20' 38 "W a distance of 1032.48 feet along said right of way.
Thence N24° 28' 56 "E a distance of 5528.84 feet.
Thence N65° 32' 25 "W a distance of 782.99 feet.
Thence N75° 15' 11 "W a distance of 475.06 feet to the True Point of Beginning.
Said parcel contains 94.45 acres more or less.
Basis of Bearings: Bearings are based on the East line of a parcel of land surveyed by Mangini
and Associates dated August 28 1998. Found monuments being the Southeast corner the most
Westerly corner of Minnequa Industrial Park First Filing as recorded in Book 1770 at Page 253 of
the Pueblo County Records (found 1.5" Aluminum cap LS 808 1) and the most Southerly corner
of said Mangini and Associates Plat (No. 3 Rebar) which bears S24° 28' 56 "W.
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ChrisC.Munoz PuebloCtyClk &Rec S
SUBDIVISION EMIPROVEMENTS AGREEMENT
EXHIBIT B
SUBDIVISION NAME: MINNEQUA INDUSTRIAL PARK, SECOND FILING
DEVELOPER: STANDARD SALES COMPANY
ENGINEER: ABEL ENGINEERING PROFESSIONALS, INC.
PHASE I 1481757
page: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page. 7 of 10
GREENHORN SUBD AG R 51.00 D 0.00
DRj 01/28/2003 04:36P
Improvements IIIIIIIIII
ChrisC.Munoz PuebloetyClk &Rec
Asphalt paving ( 3" on 18"
3,750 yd' c, $10.00 / yd'
= $150,000.00
Curb & Gutter
1 LF (a), $10.00 / LF
= $15,740.00
Street Lights
3 each (n, $1,300.00 each
= $3,900.00
Concrete Pan (7" reinforced)
400 f " A $3.80 / ft
= $1,520.00
Square Pan Radii
1 954 ft'" $425 / ft _ $8,304.50
Handicap Ramps
216 ft' r. 53.50 / ft' = $756.00
Water Lines & Amenities
16" PVC ( Water Main -,v/ valves)
193 LF (a; 550.00 / LF = $9,650.00
12" PVC ( Water Main valves )
596 LF (d. 540.00 / LF = $23,840.00
2" Service Line (80' R.O.W)
I each r. $650.00 each = $650.00
Fire Hydrants
2 each (d; $1,800.00 eac = $3,600.00
Blowoff
2 each a�0 ea ch = $3,600.00
Sanitary Sewer Lines & Amenities
Manholes ( 48" dia. )
3 each (a1 $2,170.00 each
8" PVC ( Sewer Main)
820 LF A $29.00 / LF
1111111111 0 48 00 0 57 36P
I ��IuI �l����11 0 0 0.0
IIIIIII .Mu lCCtYClk &Reg SUBD RG R 51.0
ChrisC.Munoz Pueb _ _
1
r
_ $6,510.00
= $23,780.00
SUBTOTAL = $251,850.50
GRAVEL ACCESS ROAD
Street Improvements
4" Deep Gravel Access Road
516 yd'" (chi $5.00 / yd''
= $2,580.00
Water Lines & Amenities
12" PVC ( Water Main w/ valves )
512 LF (a? $40.00 / LF
= $20,480.00
Sanitary Server Lines & Amenities
Manholes (48" dia. )
1 each (n ) $2,170.00 each
= $2,170.00
8" PVC ( Sewer Main)
448 LF (d, 529.0 / LF
= $12,992.00
Drainage Improvements
"V" Ditch Channel
770 LF (ci; $5.00 / LF
= $3,850.00
Outlet Stucture
1 each (d, $3.000.0 each
Grading
18,711 yd (a�, $2.00 / yd
Planting R Establishing Vegetation
4.6 AC (d. $12.000 / AC
Rip Rap Including Filter Fabric
7 vd C 550.00 / Yd
3
= $3,000.00
= $37,422.00
= $55,200.00
= $374,200.00
SUBTOTAL = $511,894.00
PHASE II
GREENHORN DRIVE
Street Improvements
Asphalt paving ( 3" on 18" )
23 yd' $40.00 / yd' = $945
Curb & Gutter
4,834 LF $10.00 / LF = $48,340.00
Street Lights
14 each $1,300.00 each = $18,200.00
Water Lines & Amenities
12" PVC ( Water Main w/ valves )
4,832 LF (a, $40.00 / LF = $193,280.00
Fire Hydrants
10 each $1,800.00 each = $18,000.00
Blowoff
1 each r $1,800.00 each = $1,800.00
Sanitary Sewer Lines & Amenities
Manholes ( 48" dia. )
11 each (a, $2,170.00 each = $23,870.00
8" PVC ( Se«er Main )
4.380 LF (d, $29.00 / LF = $127,020.00
SUBTOTAL = 51,375,830.00
GRAND TOTAL ................. _ $2,139,574.50
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Chr 00 1111111111
noz PuebloCtYCI" 8
isC.Mu - - -
This is an estimate only. Actual Construction costs may vary.
PREPARED BY:
/
Abel Engineering Professionals, Inc.
102 South Oneida Street
Pueblo, CO 81003
(719) 546 -2235
The undersigned hereby certifies that (1) the quantities of construction elements shown
heron accurately depicts the quantities necessary to construct the Required Public
Improvements and (2) the unit prices shown hereon are the most current unit prices
provided by the City of Pueblo.
J4 34
4 o Engineer Date
Reviewed by: o 3
City of Pueblo
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ChrisC.Munoz PuedloCtyClk6Rec SUBD _
Reception 1481758
01/28/2003
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(PHASED CONSTRUCTION)
This Addendum shall be incorporated in and become a part of the jQr1 (.tAr't.( b ,
ZOO 3 , Subdivision Improvements Agreement for Minnequa Industrial Park, Sec ond Filing
(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 contra— to the phasing sequence set forth in
paragraph I 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 Subdividers 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 Jotfl kov -tr�D ZOO'S
PEDCO undation Inc. a Colorado Cor oration
b " ider
By:
By:
DP W I03
August 1, 2002
11111 IN IIIIIIIIIIIII 1111111111111111 01 /2 8/2 003 1 s 36F
STATE OF COLORADO ) ChrisC.Munoz PuebloCtyC1k4Rec ADD AG R 16.00 D 0.00
) ss. -
COUNTY OF PUEBLO )
regoing instrument was acknowledged before me this day of
a� The fo 2003 by Rolf Anderson, Chairman, PEDCO Fot }ndation, Inc.
as Colorado Corporation, Subdivider.
Witness my hand and official seal.
My commission expires: 5�4A. 9 3
[SEAL] gg5S! �"q
�': �' L
Q jotary Public
KATHY A.
COX CITY OF PUEBLO,
A Municipal Corporation
By:
President of City Council
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ChrisC.Munoa PuebloC C1k &Rec ADD AG R 16.00 y
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "A"
The Subdivider will develop the Subdivision in separate phases in the following sequence:
(a) Phase I shall consist of the following lots within the Subdivision:
Lot 1, Minnequa Industrial Park, Second Filing
(b) Phase II shall consist of the following lots within the Subdivision:
Lot 2, Minnequa Industrial Park, Second Filing
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Reception 1481759
01/28/2003
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this $ day of 2003, by PEDCO Foundation, Inc.,
Colorado Corporation, Grantor, to Pueblo, a Municipal Corporation, Grantee:
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, described in the attached
Exhibits "A" and "B" (the "Property").
Grantor shall maintain drainage improvements (the "Facilities ") in the Property in accordance with
plans and specifications thereof approved by, and on file with Grantee, and, thereafter, Grantor shall
maintain the Facilities in good working order and condition, and repair and replace the Facilities.
Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair
and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15%
from the Grantor. For such purposes, Grantee is granted the right to enter upon the Property and adjoining
property of Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not
subject the Grantee to any liability for such failure.
Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the
privilege above granted and which will not interfere with or endanger any equipment or facilities therein or
use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to
be located or erected on the Property any building or any other structure or manufactured or mobile home or
trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the
Property and full power to grant this easement and right of way, and (b) will defend Grantee's quiet and
peaceful possession of the Property and easement and right of way against all persons who may lawfully
claim title to the Property.
"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.
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 1 481 7 59 003 36F
ChrisC.Munoz Pueb1oCtyC1k &Rec EASE R 21.00 D 0.00
i
SIGNED this day of , 2003
GRANTOR:
By:
Rolf Ande on hairman
PEDCO undation, Inc.
COUNTY OF PUEBLO )
) s.s.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this Vt day of , 2003 by Rolf
Anderson, Chairman, PEDCO Foundation, Inc.
Witness my hand and official seal.
My commission expires: �. 9 ?M3
kATHY A. �7, Not ry Pu
Cox i
0.tc
IIIIIIIIII N 10 4$ 003 0j36F
ChrisC.Munoz PuebloCtYMSReo EASE R 21.00 D 0.00
EXHIBIT A
A portion of land located within a portion of the East 1 /2 of Section 23 and a portion of the West
%2 of Section 24, Township 21 South, Range 65 West, of the 6th Principal Meridian, being more
particularly described as:
Beginning at the Northwest corner of Lot 2, Minnequa Industrial Park Second Filing, according
to the recorded plat thereof, filed for record , 2009 at Reception No.
of the Pueblo County Records,
Thence Southerly along the North line of said Lot 2, S 68° 47' 47" E, a distance of 594.92 feet,
to the True Point of Beginning;
Thence departing said North line, S 24° 28' 56" W a distance of 450.00 feet;
Thence S 68° 47' 47" E a distance of 450.00 feet, to a point on the East line of said Lot 2;
Thence N 24° 28' 56" E, along said East line, a distance of 450.00 feet, to the Northeast comer of
said Lot 2;
Thence N 68° 47' 47" W, along the Northerly line of said Lot 2, a distance of 450.00 feet to the
True Point of Beginning.
EXHIBIT " B "
POINT OF BEGINNING
CIV
ti
LOT I
MINNEQUA INDUSTRIAL PARK
SECOND FILING
EASEMENT 10 � - :Op .
30' DRAINAGE-/ e 3
ti ?/
DETENTION
EASEMENT //
S
4, gso O¢ // F
0-
75'
LOT 2
S
�O
DRAINAGE EASEMENT
MINNEQUA INDUSTRIAL PARK EX. RIGHT OF WAY AND /OR EASEMENT
SECOND FILING GIVEN TO CENTRAL TELEPHONE &
UTILITIES CORPORATION, RECORDED
w / / IN BOOK 1907 AT PAGE 188
EX. RIGHT OF WAY AND /OR EASEMENT
GIVEN TO CENTRAL TELEPHONE &
UTILITIES CORPORATION, RECORDED
IN BOOK 1907 AT PAGE 188
N
1481759
Page: 4 of 4
01/28/2003 04:
00 D 0.00
36F
Reception 1481760
01/28/2003
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this 1 5"-'h day of 2003, by PEDCO Foundation, Inc., a
Colorado Corporation, Grantor, to Pueblo, a Municipal Corporati n, Grantee:
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, described in the attached
Exhibits "A" and "B" (the "Property ").
Grantor shall maintain drainage improvements (the "Facilities ") in the Property in accordance with
plans and specifications thereof approved by, and on file with Grantee, and, thereafter, Grantor shall
maintain the Facilities in good working order and condition, and repair and replace the Facilities.
Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair
and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15%
from the Grantor. For such purposes, Grantee is granted the right to enter upon the Property and adjoining
property of Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not
subject the Grantee to any liability for such failure.
Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the
privilege above granted and which will not interfere with or endanger any equipment or facilities therein or
use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to
be located or erected on the Property any building or any other structure or manufactured or mobile home or
trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the
Property and full power to grant this easement and right of way, and (b) will defend Grantee's quiet and
peaceful possession of the Property and easement and right of way against all persons who may lawfully
claim title to the Property.
"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.
2 of 1�� lot II���liltIII III IIII 111 0 P a ge: 003 ® @36F
Chri sC.Mu I ^ noz PuebloCty C1k &Rec EASE R 22.00 D 0.00
hri
SIGNED this O L day of 2003
i
GRANTOR:
By:
Rolf Anderokh, dairman
PEDCO Foundation, Inc.
COUNTY OF PUEBLO )
) s.s.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this R!�: day of c IQllu0.r 2003 by Rolf
Anderson, Chairman, PEDCO Foundation, Inc.
Witness my hand and official seal.
My commission expires: Z UJA_ . ow 3
" i
Not ry Pub
Or
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 48176 @36F
ChrisC.Munoz PuebloCtYCR&Rec EASE R 21.00 D 0.00
EXHIBIT A '
A portion of land located within a portion of the East '/2 of Section 23 and a portion of the West
'/2 of Section 24, Township 21 South, Range 65 West, of the 6th Principal Meridian, being more
particularly described as:
Beginning at the Northwest corner of Lot 1, Minnequa Industrial Park Second Filing, according
to the recorded plat thereof, filed for record , 2003 at Reception No.
of the Pueblo County Records,
Thence Southerly along the North line of said Lot 1, S 75° 15' 37" E, a distance of 345.24 feet,
to the True Point of Beginning;
Thence departing said North line, S 14° 44' 23" W a distance of 164.81 feet;
Thence S 75° 15' 43" E a distance of 311.46 feet;
Thence S 18° 19' 29" E a distance of 227.15 feet;
Thence S 14° 44' 17" W a distance of 281.00 feet;
Thence S 50° 35' 38" W a distance of 41.92 feet;
Thence N 75° 00' 00" W a distance of 48.77 feet;
Thence S 14° 44' 12" W a distance of 22.40 feet;
Thence N 75° 15' 37" W a distance of 49.82 feet;
Thence S 75° 14' 14" E a distance of 363.13 feet to a point on the East line of said Lot 1;
Thence N 24° 28' 56" E, along said East line, a distance of 569.32 feet, to the Northeast corner of
said Lot 1;
Thence N 65° 32' 25" W, along the Northerly line of said Lot 1, a distance of 782.99 feet;
Thence N 75° 15' 37" W, along the Northerly line of said Lot 1, a distance of 49.82 feet to the
True Point of Beginning.
EXHIBIT ))
I /1T 7/1
l.Vl A_V
S 14A 44' 23 " W N 6
164.81'
S 5
¢^ "
v M \
Q, \ \
. ,4"o
/
DETENTION ,`�
LOT 1 �1 m EASEMENT // / �
MINNEQUA INDUSTRIAL PARK l
SECOND FILING
O
� It
POINT OF BEGINNING ^T
1/IA /Alr/lI IA IA II I ^T ^ //AI ')A^
IYIII YIYL Vf VII I /YLlVJI /„t. . „n, / c 7
3"5 2g , 7 E FlIRST
35' PUBLIC UTILITY EASEMENT
75' DRAINAGE EASEMENT
EX. RIGHT OF WAY AND /OR EASEMENT
GIVEN TO CENTRAL TELEPHONE &
UTILITIES CORPORATION, RECORDED
IN BOOK 1907 AT PAGE 188
W