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HomeMy WebLinkAbout05731Reception 979203 7/10/1992 ORDINANCE NO. 5731 AN ORDINANCE APPROVING THE PLAT OF GATEWAY SUBDIVISION, 4TH FILING BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: QRrTTnM 1 The final plat of Gateway Subdivision, 4th Filing, being a subdivi- sion of land legally described as follows: A parcel of land in the Southeast one - quarter (SE 1/4) of the Northeast one - quarter (NE 1/4) of Section 14, Township 20 South, Range 65 West of the 6th Principal Meridian, being a portion of the tract of land described in Book 2030 at Page 302 of the Pueblo County Records and being more particularly described as follows: Considering the East line of Section 14, Township 20 South, Range 65 West of the 6th P.M., to bear N 00 0 02'07" E, and all bearings contained herein being relative thereto. Beginning at the Southeast (SE) corner of Gateway Subdivision, Second Filing, according to the recorded plat thereof, filed for record March 29, 1988, in Book 2391 at Page 111 of the Pueblo County records in the North Right -of -Way line of U.S. Highway No. 50; thence N.12 0 06'00" E. and along the East line of Lot 1, Block 1, in said Gateway Subdivision, Second Filing, a Distance of 393.00 feet, to the Northeast corner of said Lot 1; thence N.77 ° 52'46" W. and along the North line of said Lot 1, a distance of 230.00 feet, to the Northwest corner of said Lot 1 and in the East Right -of -Way line of Fortino Boulevard, as platted in Gateway Subdivision, First Filing, according to the recorded plat thereof, filed for record June 26, 1979; thence N.12 ° 06'00" E. (S.12 0 06'55" W., Plat), along the East Right -of -Way line of Fortino Boulevard, as platted in Gateway Subdivision, First Filing, according to the recorded plat thereof, filed for record June 26, 1979, a distance of 60.00 feet, to the Southwest corner of Lot 1, Block 1, Gateway Subdivision, Third Filing, according to the recorded plat thereof, filed for record in Book 2418 at Page 610, Pueblo County Records; thence 5.77 0 52' 46" E. and along the South line of Lot 1, Block 1 in said Gateway Subdivision, Third Filing, extended, a distance of 331.57 feet, to a point of curve; thence Southeast and along the arc of a curve to the right, whose radius is 400.00 feet, a distance of 125.07 feet, (the chord of which bears S.68 ° 55'20" E, a distance eooK2602 PA,cES47 of 124.56 feet), to a point of Tangency; thence S.59 57'53" E., a distance of 204.93 feet, to a point of curve; thence Southeast and along the arc of a curve to the left, whose radius is 340.00 feet, a distance of 178.02 feet (the chord of which bears S.74 ° 57'53" E., a distance of 176.00 feet), to a point of tangency; thence S.89 0 57'53" E., a distance of 100.00 feet, more or less, to the East line of said Section 14; thence S.00 0 02'07" W. and along the East line of said Section 14, a distance of 391.05 feet, to the intersection of the East line of said Section 14 with the North Right -of -Way line of U.S. Highway No. 50; thence N.77 0 53'33" W. (S 77 0 53'05 "E, deeded) and along the said North Right -of -Way line of U.S. Highway No. 50, a distance of 774.87 feet, more or less, to the point of beginning, containing 7.07 acres more or less, is hereby approved. All dedicated streets, utility and drainage easements, rights -of -way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. 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 1971 Code of Ordinances, as amended and any agreement entered into pursuant thereto. SECTION 3. This ordinance shall become effective immediately upon final passage and approval. -2- •wr ei AZ Clerk Bov2602 PAP '848 INTRODUCED December 9 , 1991 By JOHN CALIFANO Councilperson APPROVED ~ Pre si ent of a Council -3- Reception 979204 7/10/1992 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this -] 1�% day of C t , 191 , by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City," and -J A nA 55 15- D E A , hereinafter referred to as "Subdivider." W I T N E S S E T H: WHEREAS, Subdivider has subdivided or is about to sub- divide a certain tract of land located in the City and legally described as set forth in Exhibit "A," which is attached hereto and incorporated herein; and WHEREAS, the Subdivider, as a condition of approval of the final plat of 6 " Q-( Subdivision, rpofz111 FiL -(ilk 1 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 pursuant to Section 12- 4 -7(J) of the 1971 Code of Ordinances of the City to construct and install certain public improvements as set forth in Exhibit "B," which is attached hereto and incorporated herein; and WHEREAS, pursuant to Chapter 4, Title XII of the 1971 Code of Ordinances Subdivider is obligated to provide security or collateral sufficient in the judgment of the City Council to make reasonable provisions for the construction and completion of the required public improvements set forth in Exhibit "B." 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 application for a building permit to construct any building or structure on any building site within the sub- division, or upon the issuance of a certificate of occupancy for any such building or structure, whichever is sooner, Bou 2602 PAv'850 to construct and install at his sole cost and expense all of those public improvements set forth in Exhibit "B," which is attached hereto and incorporated herein. 2. In lieu of installing the required public improvements set forth in Exhibit "B" within one hundred eighty (180) days, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the Director of Finance of the City, 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 for completion of all required improvements by Subdivider or subsequent owner shall have expired. Such deposit or escrow agreement shall be hereinafter referred to as the "deposit." 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total costs of all uncompleted improvements required by this section within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall be not less than 25% of such estimate plus the costs of extending all required sewer and water lines from the 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 sub- division or existing improvements of a like nature whichever is nearer to the proposed building site. In any case where the block, as hereinafter defined, shall exceed one thousand (1,000) 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 improvements in at least one -half of such block, and the required deposit shall be based upon such decreased estimate, provided, however, Subdivider shall undertake to provide a turnaround of at least sixty (60) feet in diameter at the mid -block point and barracade said streets so that no through traffic shall be permitted beyond the point to which the estimate of the Director of aooK 26002 P,�cE'851 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 is sooner, Subdivider shall likewise deposit an amount not less than the estimate of the Director of Public Works for all required improvements from existing improvements to the proposed building site, less any previous deposits made hereunder upon building sites lying between the most recently proposed site and existing improvement. 5. The City may treat the amount of such deposit as a debt due the City from 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 herein are cumulative and the use of one shall not prohibit the use of another. 6. Upon payment of each such deposit, the City Director of Public Works shall release the proposed building site from the terms of this Agreement. 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 building permit or certificate of occupancy shall be issued by the Pueblo Regional Building Department until a certificate of compliance has been approved and issued by the City Director of Public Works and duly recorded in the Office of the Pueblo County Clerk and Recorder which certifies that those public improvements set forth in Exhibit "B," or that portion of said improvements as shall be necessary to totally serve specific lot(s) or block(s) for which building permits or certificates of occupancy are sought and which are covered by a particular certificate of compliance, have been properly designed, engineered, constructed, and accepted as meeting the specifications and standards of the City. BOOK 2602 PAH ' 852 These restrictions on the issuance of building permits and certificates of occupancy shall run with the land and shall extend to and be binding upon the heirs, executors, legal representatives, successors and assigns of 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, park, and other public improvements for maintenance by the City. Until such roads and other park and 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, park and other public improvements and rights of way are the sole responsibility of the Subdivider or any subsequent owners) of the land within this Subdivision. 9. The required time for completion of all such improve- ments 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 such improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of Sub- divider relating to such improvements within such block to be released. If said 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 complete the same. If sufficient monies are available at the end of the required time to complete all such improvements herein required for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced in cash and shall deposit the same with the Director of Finance and such cash shall be used to complete that portion of the improvements the Boor 2602 P�H'853 Director of Public Works shall determine. Until all improve- ments are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible therefor. 10. For purposes of this Agreement, the word "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 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. 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 Subdi- vision is totally vested with the Subdivider free and clear of any and all 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. 12. It is mutually agreed that the City or any 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 thereto. 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. 13. The parties hereto mutually agree that this Agreement may be amended from time to time by mutual consent provided that such amendment be in writing and be signed by all parties hereto. -5- • � r ��++ c � o 14. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, administrators, executors, successors, assigns, and legal representatives of Subdivider, and shall be placed on record 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 hereinabove set forth. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its duly authorized and acting officers and the seal of the Subdivider set hereon. ls;mas Subdivider (S E A L) STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) By r ,`- The foregoing instrument was acknowledged before me this day of � l) ST ► 199 - L, by _)AMec �, c�� nJG�d L ► Subdivider. My commission expires: ,. li:1 i1111r1 (, v t - � •e c at♦ li Notary Public { JA Address Zap( C- ranr1 Q✓2 6 1,4 CITY OF PUEBLO, a Municipal Corporation B Presi nt of th Council o `�TES"VC r - • ci Ott • : x,.13 STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 9th day of Julv , 19 92 , by Fay B. Kastelic as President of the City Council, and Marian D. Mead as City Clerk of the City of Pueblo, Colorado. My commission expires: '*'day 29, 1994 z 07 A ;A�� � S Ck L) 0 F 4 ti •� 1tP, Addres Pueblo, CO 81003 APPROVED AS TO FORI4: 3;�� - City Attor e - 7 - Boor 2602 +LF'855 EXHIBIT "A" LEGAL DESCRIPTION Boos 2602 A PARCEL OF LAND IN THE SOUTHEAST ONE - QUARTER (SE 1/4) OF THE NORTHEAST ONE (NE 1/4) OF SECTION 14, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING A PORTION OF THE TRACT OF LAND DESCRIBED IN BOOK 2030 AT PAGE 302 OF THE PUEBLO COUNTY RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE EAST LINE - OF SECTION 14, TOWNSHIP 20 SOUTH, RANGE 65.WEST OF THE 6TH P- M-, TO BEAR N 00 ° 02'07" E , AND ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO- BEGINNING AT THE SOUTHEAST (SE) CORNER OF GATEWAY­SUBDIVISION, SECOND FILING, ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR RECORD MARCH 29 1988, IN BOOK 2391 AT PAGE 111 OF THE PUEBLO COUNTY RECORDS, IN THE NORTH RIGHT LINE OF U.S. HIGHWAY N0. 50; THENCE N.12 0 06'00" E.AND ALONG THE EAST LINE OF LOT 1, BLOCK 1, IN SAID GATEWAY SUBDIVISION, SECOND FILING, A DISTANCE OF 393.00 FEET, TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE N.77 0 52'46" WAND ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 230.00 FEET, TO THE NORTHWEST CORNER OF SAID LOT 1 AND IN THE EAST RIGHT LINE OF FORTINO BOULEVARD, AS PLATTED IN GATEWAY SUBDIVISION, FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR RECORD .JUNE 26,1919; THENCE N.12'06'00" E. (S.12 °06' 55" W., PLAT), ALONG THE EAST RIGHT LINE OF FORTINO BOULEVARD, AS PLATTED IN GATEWAY SUBDIVISION, FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, Fl -IED FOR RECORD .JUNE 26, 1979, A DISTANCE OF 60.00 FEET, TO THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, GATEWAY SUBDIVISION, THIRD .FILING, ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR RECORD IN BOOK 2418 AT PAGE 610, PUEBLO COUNTY RECORDS; THENCE S.77 ° 52'46" E. AND ALONG THE SOUTH LINE OF LOT 1 BLOCK 1 IN SAID GATEWAY SUBDIVISION, THIRD FILING, EXTENDED, A DISTANCE OF 331.57 FEET, TO A POINT OF CURVE; THENCE SOUTHEAST AND ALONG THE ARC OF A CURVE TO THE RIGHT, WHOSE RADIUS IS 400.00 FEET, A DISTANCE OF 125.07 FEET, ( THE CHORD OF WHICH BEARS S.68 0 55'20" E,, A DISTANCE OF 124.56 FEET), TO A POINT OF TANGENCY; THENCE S.59 ° 57'53" E,, A DISTANCE OF 204.93 FEET, TO A PINT OF CURVE; THENCE SOUTHEAST AND ALONG THE ARC OF A CURVE TO THE LEFT, WHOSE RADIUS IS 340.00 FEET, A DISTANCE OF 178.02 FEET THE CHORD OF WHICH BEARS S.74 °57 E, A DISTANCE OF 176.00 FEET), TO A POINT OF TANGENCY; THENCE &89 0 57'53" E, A DISTANCE OF 100.00 FEET., MORE OR LESS, TO THE EAST LINE OF SAID SECTION 14; THENCE S. 00 W AND ALONG THE EAST LINE OF S A I D SECTION 1 1 1, A DISTANCE OF 391.05 FEET, TO THE INTERSECTION OF THE EAST LINE OF SAID SECTION 14 WITH THE NORTH RIGHT OF LINE OF U.S. HIGHWAY N0. 50; THENCE N. 77 0 53'33" W (S 77 0 53'05" E, DEEDED) AND ALONG THE SAID NORTH RIGHT LINE•OF U.S. HIGHWAY N0. 50, A DISTANCE OF 774-8 FEET,, MORE OR LESS, TO THE POINT OF BEGINNING- CONTAINING 7.07* ACRES. SUBDIVISION NAME: DEVELOPER: ENGINEER: STREET IMPROVEMENTS 1. DEMOLITION a. Existing b. Existing c. Existing d. Existing e. Existing f . Median curb & gutter storm inlets sidewalk concrete pan asphalt 2. CONSTRUCTION a. Asphalt curb b. Curb & utter c. 4' or 6' Side L.F. Ea. L.F. L.F. 294 S. Y. 50 L.F. 529 Sidewalk 2554 d. Asphalt W= 36' S. F. e. Asphalt Overlay 53 f. Asphalt Patch S. Y. g. Monument Box 8 h. Street lights L.F. i. 15" Storm pipe 445 7. 24" Storm pipe L.F. k. 30" Storm .pipe 87 1. - 6" - Storm pipe Ea. M . 34" X 53" Storm pipe 1 n. 38" X 60" Storm pipe Ea. o. Type S Inlet, L= 4 p. Type S Inlet, L= 6 q. Type S Inlet, L= 10 r. Type S Inlet, L= Ea. S. - 12 7- 8 Sanitary Sewer w7MH t. Manhole Type 1 -b 1 Ea. U. Manhole Type 1 -c 75 V. Water Dia. 8" Ea. W. Water Dia. 12" X. Barricade x1. Sidewalk drains x2. HC Ramps x3. Concrete pan x4. Median (Type 2) x5. Rip Rap x6. 38 "X60" FES x7. Earthwork a. Asphalt curb b. Curb & utter c. 4' or 6' Side L.F. Ea. L.F. L.F. 294 S. Y. 50 L.F. 529 L. F. 2554 L. F. 1488 S. F. 684 L. F. 53 Ton 2557 S. Y. 7 Ea. 8 Ea. 34 L.F. 37 L.F. 445 L.F. 697 L.F. 462 L.F. 87 L.F. 1 Ea. 2 Ea. 1 Ea. 1 Ea. 1349 L.F. 2 Ea. 5 Ea. 998 L. F. 445 L. F. 1 Ea. 2 Ea. 6 Ea. 1 Ea. 157 L.F. 75 Ton 1 Ea. 1 L. S. at $ L.F. at $ Ea. at $ L.F. at $ L.F. at $ 3.00 S. Y. at $ 10.00 L.F. at at at at at at at at at at at at at at at at at at at at at at at at at at at at at at at PREPARED BY: William T. Boies APPROVED BY: - City of Pueblo oft' f" EX �� �� � BOOf 2602 P.AGr ' 057 EX B IMPROVEMENTS Gateway Subdivision 4th Filin James E. O'Neal William T. Boies $ 5.00 L.F. $ 7.00 L.F. $ 2.00 S. F. $ 49.50 L.F. $ 35.00 Ton $ 13.50 S. Y. $ 450.00 Ea. $ 1200.00 Ea. $ 25.00 L. F. $ 33.00 L.F. $ 41.50 L. F. $ . 58.00 L.F. $ 87.00 L. F. $ 96.00 L.F. $ 900.00 Ea. $ 1300.00 Ea. $ 2000.00 Ea. $ 2400.00 Ea. $ 40.00 L.F. $ 1000.00 Ea. $ 1200.00 Ea. $ 41.00 L.F. $ 23.00 L. F. $ 500.00 Ea. $ 1288.00 Ea. $ 250.00 Ea. $_ 1000 00 Ea. $ 14.00 L.F. $ 30.00 $ 3000.00 $ L. S. TOTAL DATE: $ 882,00 $ 500.00 $ 2,645.00 $ 17,878.00 $ 2,976.00 $ 33,858.00 $ . 1,855.00 $ 34,519.50 $ 3,150.00 $ 9,600.00 $ 850.00 $ 1,221.00 $ 18,467.50 $ 40,426.00 $ 40,194.00 $ 8,352.00 $ 900.00 $ 2,600.00 $ 2,000.00 $ 2,400.00 $ 53,960.00 $ 2,000.00 $ 6,000.00 $ 40,918.00 $ 10,235.00 $ 500.00 $ 2,400.00 $ 1,500.00 $ 1,000.00 $ 2,198.00 $ 2,250.00 $ 3,000.00 $ 42,978.00 $ 394,213.00 DATE.: .t2. Recption 979205 7/10/1992 EASEMENT This easement Y is ranted on 91 b JAMES E. O'NEAL ( "Grantor ") to PUEBLO, a Municipal Corporation ( "Grantee "): In consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by Grantor, Grantor grants to Grantee, its successors and assigns, a 20 foot sewer easement for sewer lines and other public facilities upon, over, under and across Grantor's real property. Such sewer easement is legally described as follows: A 20 foot sewer easement being a portion of the E 1/2 of the NE 1/4 of Section 14, Township 20 South, Range 65 West of the 6th Principal Meridian, being more particularly described as follows: Lying 10 feet on each side of the following described centerline: Beginning at a point on the east line of said Section 14, from which point the northeast corner of said Section 14 bears North 00 °02 East, a distance of 2242.41 feet; Thence North 89 0 57 1 53" West, a distance of 15.00 feet, to the True Point of Beginning; Thence North 00 °02 East and parallel with the East line of said Section 14, a distance of 760.47 feet, more or less, to the south right -of -way line of Fortino Boulevard and the Point of Terminus. The Grantor reserves the right to use the property adjoining the easement for purposes not inconsistent with the rights granted in this Easement. The Grantor, however, shall neither erect nor place any structures, buildings or trees on the property. The Grantee shall not be liable for their removal if so placed. The Grantor shall construct the sanitary sewer. The Grantee shall maintain and repair such sewer after Grantee has approved and accepted the easement for maintenance purposes. Grantor covenant and warrants that Grantor is the fee owner of the property, has good and lawful right to convey the property, and the property is free of all liens and encumbrances. This basement shall run with the land and be binding upon and inure to the benefit of the Grantee and Grantor and their respective heirs, personal representatives, successors and assigns. The singular includes the plural and the masculine includes the feminine and neuter. PAGE 1 OF 2 Signed on , 1991. GRANTOR: By: r Bm 2602 P�r,:'859 STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) he foregoing instrument was acknowledged before me on tz_ , 1991, by James E. O'Neal, Grantor. x commission expires: :••' "'••: y,r,'lp commission expires 10 -05 -94 -- -I IN R Y `4500 Lookout 'Road 86blder, CO 80301 G Notary ub is PAGE 2 OF 2 Reception 979206 7/10/1992 TEMPORARY EASEMENT This easement, is granted on 1991, by James E. O'Neal ( "Grantor ") to PUEBLO, a Mu icipal Corporation ( "Grantee ") In consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by Grantor. Grantor grants to Grantee, its successors and assigns, a 20 foot temporary drainage easement for drainage lines and other public facilities upon, over, under and across Grantor's real property. Such temporary drainage ease- ment islegally described as follows: A 20 foot temporary drainage easement lucated in a portion of the SA of the NW4 of Section 13 and in a portion of the SE-'4 of the NE- of Section 14, all in Township 20 South, Range 65 West of the 6th Principal Meridian, being more particularly described as follows: Lying 10 feet on each side of the following described centerline:: Beginning at a point on the east line of said Section 14, from which point the northeast corner of said Section 14 bears North 00 02' 07" E., a distance of 2242.41 feet; thence North 89 57' 53" West, a distance of 15.00 feet to the True Point of Beginning; Thence North 00 02' 07" East and parallel with the East line of said Section 14, a distance of 35.5 feet; thence South 89 57' 53" East, a distance of 90.41 feet; thence North 600 49' 34" East, a distance of 724.64 feet, to the centerline of existing easement as recorded in Book 2386 at Page 167 of the Pueblo County Records, thence South 89 44' 36" East and along said easement line a distance of 19.0 feet to the point of terminus on the west line of an easement to the City of Pueblo as recorded in Book 1991 at Page 450 of the Pueblo County Records. The Grantor reserves the right to use the property adjoining the easement for purposes not inconsistent with the rights granted in this Easement. The Grantor, however, shall neither erect nor place any structures, buildings or trees on the property. The Grantee shall not be liable for their removal if so placed. The Grantor shall construct, operate, maintain, repair, remove and replace, if necessary, the temporary drainage easement until such easement is moved to another permanent location on Grantor's property and this easement is released by the Grantee. Grantor convenant and warrants that Grantor is the fee owner of the property, has good and lawful right to convey the property, and the property is free of all liens and encumbrances. This easement shall run with the land and be binding upon and inure to the benefit of the Grantee and Grantor and their resp- ective heirs, personal representatives, successors and assigns. The singular includes the plural and the masculine includes the feminine and neuter. PAGE 1 OF 2 Signed on , 1991. GRANTOR: BooK 2602 FA c �r861 By : STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on ( , 1991, by James E. O'Neal, Grantor. iy commission expires: ;q' expires: 10.05.94 4 910, out Road 80301 PAGE 2 OF 2