HomeMy WebLinkAbout05908Reception 1065017
12/12/1994
ORDINANCE NO. 5908
AN ORDINANCE APPROVING THE PLAT OF
WALKING STICK ESTATES FILING NO. 2
SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
The final plat of Walking Stick Estates Filing No. 2 Subdivi-
sion being a subdivision of land legally described as follows:
A portion of the SW 1/4 and the W 1/2 of the SE 1/4 of
Section 8, Township 20 South, Range 64 West of the 6th P.M.
being more particularly described as follows:
Considering the South line of said Section 8 to bear
N.88 °45 "E, and all bearings contained herein being rela-
tive thereto.
Beginning at the Easternmost corner of Parcel A in Walking
Stick Estates, Filing No. 1, A Special Area Plan, according
to the recorded plat thereof, filed for record April 29,
1994; thence Northeasterly, along the arc of a curve to the
right, whose center bears 5.46 0 48 1 34 "E. and whose radius is
900 feet, a distance of 278.53 feet; thence N.60 0 55 1 20 11 E., a
distance of 240.00 feet; thence Northeasterly, along the arc
of a curve to the left, whose radius is 960 feet, a distance
of 409.27 feet; thence Southeasterly along the arc of a curve
to the left, whose center bears N.37 1 53 1 46 "E. and whose
radius is 760 feet, a distance of 480.96 feet; thence
5.88 0 21 1 48" E., a distance of 170.00 feet; thence Southeast-
erly, along the arc of a curve to the right, whose radius is
1240 feet, a distance of 658.72 feet; thence 5.57 1 55 1 35 "E., a
distance of 318.00 feet; thence Southeasterly along the arc
of a curve to the left, whose radius is 760 feet, a distance
of 356.65 feet; thence 5.05 °11 W., a distance of 291.20
feet; thence 5.29 0 56 1 25" W., a distance of 105.85 feet;
thence 5.34 0 57 1 53 "W., a distance of 200.53 feet to the North
boundary line of Walking Stick Golf Course; thence westerly,
along said North boundary line the following five (5)
courses:
j
-1-
r
Book: 2773 Page: 385 Chris C. Munoz
Page: 2 of 3 Pueblo CO.Clk. &Rec.
1.
N.85 0 32 1 52"
W.,
a distance
of
78.09
feet;
2.
N.78 0 05 1 57"
W.,
a distance
of
340.24
feet;
3.
N.89 0 32 1 09"
W.,
a distance
of
415.25
feet;
4.
S.81 0 53 1 21"
W.,
a distance
of
316.49
feet;
5.
N.89 0 40 1 46"
W.,
a distance
of
406.94
feet to the
Easternmost
corner of said
Walking
Stick
Estates,
Filing No.
1, A
Special Area
Plan;
thence Northwesterly, along the boundary of said Filing No. 1
the following ten (10) courses:
1. N.23 0 01 1 12 11 W., a distance of 291.67 feet;
2. 5.75 0 39 1 52 11 W., a distance of 38.82 feet;
3. 5.53 0 42 1 43 "W., a distance of 166.57 feet;
4. N.47 0 28 1 17 "W., a distance of 127.71 feet;
5. Northeasterly along the arc of a curve to the right
whose center bears 5.47 0 28 1 17" E. and whose radius is
570 feet, a distance of 22.80 feet;
6. N.45 0 10 1 46 "W., a distance of 60.00 feet;
7. N.44 0 12 1 44 "W., a distance of 375.18 feet;
8. 5.74 0 22 1 37 "W., a distance of 100.00 feet;
9. Southwesterly, along the arc of a curve to the left,
whose center bears 5.45 0 31 1 57" E. and whose radius is
820 feet, a distance of 18.28 feet;
10. N.46 0 48 1 34" W., a distance of 80.00 feet to the Point
of Beginning, containing 42.756 acres,
is hereby approved; all dedicated streets, utility and drainage
easements, rights -of -way and land set aside for public sites,
parks and open spaces shown and dedicated on said plat are hereby
accepted for public use.
SECTION 2
The acceptance of such dedicated streets, rights -of -way,
utility and drainage easements, public sites, parks and open
spaces by the City does not obligate the City to maintain or
repair same until such streets, 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.
-2-
Book: 2773 Page: 386 Chris C. Munoz
Page: 3 of 3 Pueblo Co.C1k.&Rec.
SECTION 3
This ordinance shall become effective immediately upon final
passage and approval.
". `✓ - City Cle k
INTRODUCED November 14 , 1994
BY CHUCK JONES
Councilperson
APPROVED
tX si ( dent of the Council
-3-
Reception 1065022
12/12/1994
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this day of ��'
of 1994 by and between the CITY OF PUEBLO, a
Municipal Corporation, hereinafter referred to as "City ", and
WALKING STICK U.S. LIMITED PARTNERSHIP, a Colorado limited
artnership, hereinafter referred to as "Subdivider"
W I T N E S S E T H:
WHEREAS, Subdivider has subdivided or is about to subdivide 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 WALKING STICK ES TATES, FILING NO. 2, A SPECIAL AREA
PLAN, 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 X1 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 subdivision, or upon
the i ssuance of a cert i f i cate of occupancy for any such bu i 1 d i ng or
structure, whichever is sooner, 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
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 t h i s paragraph may be reduced to the total costs of a 1 1
uncompleted improvements in at least one -half of such block, and
the required deposit shall be based upon such decreased estimate,
-1-
Book: 2773 Page: 393 Chris C. Munoz
Page: 2 of 16 Pueblo Co.C1k.&Rec.
provided, however, Subdivider shall undertake to provide a
turnaround of at least sixty (60') feet in diameter at the mid -
block point and barricade said streets so that no through traffic
shall be permitted beyond the point to which the estimate of the
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 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(1) of the 1971 Code of
Ordinances, Subdivider specifically agrees that no 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 Of f i ce of the Pueb 1 o County C 1 erk and Recorder wh i ch cert i f i es
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.
These restrictions on the issuance of 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 owner(s) of
the land within this Subdivision.
9. The required time for completion of all such improvements
by S u b d i v i d e r within such block sha 1 1 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 Subdivider 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
-2-
Book: 2773 Page: 394 Chris C. Munoz
Page: 3 of 16 Pueblo Co.C1k.&Rec.
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 Director of Public
Works shall determine. Until all improvements 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 w i dth of all streets upon
which such lots abut.
1 1 . S u b d i v i d e r agrees to provide the C i t y w i t h 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 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 ernforcement 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.
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 Pueblo County, Colorado,
and shall constitute an agreement running with the land until
released as hereinabove set forth.
-3-
Book: 2773 Page: 395 Chris C. Munoz
Page: 4 of 16 Pueblo Co.C1k.&Rec.
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.
WALKING STICK U.S. LIMITED PARTNERSHIP
a Colorado Limited Partnership
Subdivider
By
Don d Goldman President of
Hol s ne Develop Corporation a
Colorado Corporation, the sole
general partner of Walking Stick U.S.
Limited Partnership
(S E A L)
STATE OF COLORADO)
COUNTY OF PUEBLO )
ty Cldr
The fo egoin instrument was
Ry Q4f 0 • \,\ \,\ e r , 199 q ,
r ,rt < f , o bne D.aveT•opment Corporat
1 e 'n 1 DArtr
Sub 7 v) F
1.`
>
M Wm i s s i o'n
4
y
COUNTY dF
ss.
acknowledged before me this J—
by Donald S. Goldman, President
on, a Colorado Corporation, the
tick U.S. Limited Partnershin.
expires:
C�
Notary Public
Address: 6- Vl
C - e y l a C. v
CITY OF PUEBLO, a Municipal Corporation
by
Viep_President of the Council
COLORADO)
) ss.
PUEBLO_)
The;fboing instrument was acknowledged before me this 9th
day of, < .- , /DPCemhPr 199 4 , by Christian L. [weaver ,
a §. Pr s �be -qt,� of X i ty Council, and Marian D. Mead as
Xi y.0, -P'e S�,. ,tfie City of Pue lo, Colorado.
' expires:
-A`% Nota Pub
*" fi t• ^••_ c Address: 1 City Hall Place
Pueblo, CO 81003
APPROVED AS TO FORM:
Cit A or y -4-
Book: 2773 Page: 396 Chris C. Munoz
Page: 5 of 16 Pueblo Co.C1k.&Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
A portion of the SW 1 /4 and the W1/2 of the SE 1/4 of Section 8,
Township 20 South, Range 64 West of the 6th P.M., County of Pueblo,
State of Colorado, being more particularly described as follows:
Considering the South line of said Section 8 to bear N.88 ° 45'07 "E.
and all bearings contained herein being relative thereto.
Beginning at the Easternmost corner of Parcel A in Walking Stick
Estates, Filing No. 1, A Special Area Plan, according to the
recorded plat thereof, filed for record April 29, 1994; thence
Northeasterly, along the arc of a curve to the right, whose center
bears S.46 ° 48'34 "E. and whose radius is 900 feet, a distance of
278.53 feet; thence N.60 ° 55'20 "E., a distance of 240.00 feet;
thence Northeasterly, along the arc of a curve to the left, whose
radius is 960 feet, a distance of 409.27 feet; thence
Southeasterly, along the arc of a curve to the left, whose center
bears N.37 ° 53'46 "E. and whose radius is 760 feet, a distance of
480.96 feet; thence S.88 ° 21'48 "E., a distance of 170.00 feet;
thence Southeasterly, along the arc of a curve to the right, whose
radius is 1240 feet, a distance of 658.72 feet; thence
S.57 ° 55'35 "E., a distance of 318.00 feet; thence Southeasterly,
along the arc of a curve to the left, whose radius is 760 feet, a
distance of 356.65 feet; thence S.05 ° 11'11 "W., a distance of 291.20
feet; thence S.29 ° 56'25 "W., a distance of 105.85 feet; thence
S.34 ° 57'53 "W., a distance of 200.53 feet to the North boundary line
of Walkingstick Golf Course; thence Westerly, along said North
boundary line the following five (5) courses:
1.
N.85 ° 32'52
"W., a
distance
of
78.09 feet;
2.
N.78 ° 05'57
"W., a
distance
of
340.24 feet;
3.
N.89 ° 32'09
"W., a
distance
of
415.25 feet;
4.
S.81 ° 53'21
"W., a
distance
of
316.49 feet;
5.
N.89 ° 40'46
"W., a
distance
of 406.94 feet to the
of
Easternmost
corner
of said
Walking
Stick Estates, Filing
along
No. 1, A
Special
Area Plan;
curve to the right,
thence Northwesterly, along the boundary of said Filing No. 1 the
following ten (10) courses:
1.
N.23 ° 01'12
"W.,
a
distance
of
291.67
feet;
2.
S.75 ° 39'52
"W.,
a
distance
of
38.82
feet;
3.
S.53 ° 42'43
"W.,
a
distance
of
166.57
feet;
4.
N.47 ° 28'17
"W.,
a
distance
of
127.71
feet;
5.
Northeasterly,
along
the
arc
of a
curve to the right,
whose center
bears
S.47 ° 28'17
"E. and whose radius is 570
feet, a
distance
of 22.80
feet;
6.
N.45 ° 10'46
"W.,
a
distance
of
60.00
feet;
7.
N.44 ° 12'44
"W.,
a
distance
of
375.18
feet;
8.
S.74 ° 22'37
"W.,
a
distance
of
100.00
feet;
Page 1 of 2
Book: 2773 Page: 397 Chris C. Munoz
Page: 6 of 16 Pueblo Co.C1k.&Rec.
9. Southwesterly, along the arc of a curve to the left,
whose center bears S.45 ° 31 '57 "E. and whose radius is 820
feet, a distance of 18.28 feet;
10. N.46 ° 48'34 "W., a distance of 80.00 feet to the Point of
Beginning.
Containing 42.756 acres.
Page 2 of 2
Book: 2773 Page: 398 Chris C. Munoz
Page: 7 of 16 Pueblo Co.C1k.&Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: WALKING STICK ESTATES, FILING NO. 2. A SPECIAL AREA PLAN
COMPLETE SUBDIVISION
DEVELOPER: WALKING STICK U.S. LIMITED PARTNERSHIP
ENGINEER: KLH ENGINEERING CONSULTANTS INC.
CURB & GUTTER: CONCRETE
6" STD.
5549
LF @
6" RAMP
10212
LF @
SQUARE PAN:
3
EA @
CROSS PAN:
1093
SF @
HANDICAP RAMP:
44
EA @
TRANSITION SECTION
78
LF @
(CURB RETURN)
EA @
60"
SQUARE PAN /TRANSITION
SECT. 1
EA @
4' SIDEWALK SECTION
5509
LF @
$7.50 /LF
= $41,618.
$7.50 /LF
= $ 76,590.
$400 /EA
= $ 1,200.
$3.50 /SF
= $ 3,826.
$350 /EA
= $ 15,400.
$15.00 /LF
= $1,170.
$700 /EA = $700.
$8.00 /LF = $44,072.
ASPHALT
5Z" FULL DEPTH ASPHALT ON COMPACTED SUBGRADE
12,426 SY @ $13.50/SY = $167,751.
6" FULL DEPTH ASPHALT ON COMPACTED SUBGRADE
6,741 SY @ $13.50/SY = $91,004.
7" FULL DEPTH ASPHALT ON COMPACTED SUBGRADE
12,857 SY @
TEMPORARY TURN AROUND 305 SY @
(2" ASPHALT ON COMPACTED
SUBGRADE)
SANITARY SEWER
8"
PVC: 0' -12':
3,830
LF @
15"
PVC: 0' -12':
191
LF @
15"
PVC: 20' -25':
935
LF @
48"
MANHOLES: 0' -12':
18
EA @
48"
MANHOLES: 20' -25':
1
EA @
60"
MANHOLES: 12' -20':
1
EA @
48"
DROP MANHOLES: 20' -25':
3
EA @
WYES:
= $13,650.
72
EA @
RAISE
MANHOLES:
24
EA @
WATER
6" PVC:
8" PVC:
12" PVC:
6" GATE VALVE:
8" GATE VALVE:
12" GATE VALVE:
PERMANENT BLOW -OFF:
FIRE HYDRANT ASSEMBLIES
(FROM MAIN TO FH)
SERVICES:
RAISE VALVE BOXES:
REIMBURSEMENT TO WATER
$13.50/SY = $173,570.
$8.50 /SY = $2,593.
$19 /LF
= $72,770.
$22 /LF
= $4,202.
$27 /LF
= $25,245.
$1200 /EA
= $21,600.
$2000 /EA
= $2,000.
$2100 /EA
= $2,100.
$2300 /EA
= $6,900.
$500 /EA
= $36,000.
$150 /EA
= $3,600.
2,013
LF
@
$12 /LF
= $24,156.
1,139
LF
@
$14 /LF
= $15,946.
4,061
LF
@
$21 /LF
= $85,281.
7
EA
@
$460 /EA
= $3,220.
6
EA
@
$600 /EA
= $3,600.
13
EA
@
$1050 /EA
= $13,650.
11
EA
@
$650 /EA
= $7,150.
BOARD
9 EA @
72 EA @
48 EA @
PREPARED BY: A. SPRITZER
FIRM KLH ENGINEERING CONSULTANTS, INC.
REVIEWED BY: a
City of Pueblo
$2300 /EA = $20,700.
$400 /EA = $28,800.
$125 /EA = $6,000.
= $15,279.
12/08/94
DATE
1AAlf
DATE
Page 1 of 7
Book: 2773 Page: 399 Chris C. Munoz
Page: 8 of 16 Pueblo Co.C1k.&Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: WALKING STICK ESTATES FILING NO. 2 A SPECIAL AREA PLAN
COMPLETE SUBDIVISION CONTINUED
DEVELOPER: WALKING STICK U.S. LIMITED PARTNERSHIP
ENGINEER: KLH ENGINEERING CONSULTANTS INC
STORM SEWER
15" POLY PIPE:
431
LF
@
$24/1-F
= $10,344.
18" POLY PIPE:
499
LF
@
$27.50/LF
= $13,723.
24" POLY PIPE:
307
LF
@
$35 /LF
= $10,745.
30" POLY PIPE:
111
LF
@
$50 /LF
= $5,550.
TYPE 1 -B MH:
7
EA
@
$1300 /EA
= $9,100.
RAISE MH:
10
EA
@
$150 /EA
= $1,500.
TYPE "S" INLET
L =4':
1
EA
@
$1200 /EA
= $1,200.
L =5':
1
EA
@
$1500 /EA
= $1,500.
L =6':
2
EA
@
$1800 /EA
= $3,600.
L =8':
3
EA
@
$2200 /EA
= $6,600.
L =10':
2
EA
@
$2600 /EA
= $5,200.
L =15':
1
EA
@
$3400 /EA
= $3,400.
RIP RAP PAD:
29.6 CY
TYPE L
(AV.
ROCK DIA =9 ")
@
$50 /CY
= $1,480.
CONCRETE ENCASEMENT:
(@ WATER CROSSING
@ FUTURE DESERT CANDLE)
LUMP SUM
= $500.
EARTHWORK
GRADING, SWALES,
ETC.
59,500
CY
@
$1.50 /CY
= $89,250.
MONUMENTS
34
EA
@
$450 /EA
= $15,300.
STREET LIGHTS
37
EA
@
$1300 /EA
= $48,100.
BARRICADES
L =24'
2
EA
@
$ 800 /EA
= $1,600.
L =16'
3
EA
@
$ 600 /EA
= $1,800.
SUB TOTAL
$1,248,185.
THIS IS AN ESTIMATE ONLY. ACTUAL CONSTRUCTION COSTS MAY VARY. THIS ESTIMATE
MAY NOT INCLUDE ALL CONSTRUCTION COSTS.
PREPARED BY: A.SPRITZER
FIRM KLH ENGINEERING CONSULTANTS, INC.
REVIEWED BY: �Iw
City of Pueblo
12/08/94
DATE
Ole
DATE
Page 2 of 7
Book: 2773 Page: 400 Chris C. Munoz
Page: 9 of 16 Pueblo Co.C1k.&Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: WALKING STICK ESTATES, FILING NO. 2. A SPECIAL AREA PLAN
PHASE 1. FILING 2. PART A
DEVELOPER: WALKING STICK U.S. LIMITED PARTNERSHIP
ENGINEER: KLH ENGINEERING CONSULTANTS INC
CURB & GUTTER
6" RAMP
5196
LF
@
$7.50 /LF
= $ 38,970.
SQUARE PAN:
1
EA
@
$400 /EA
= $400.
CROSS PAN:
269
SF
@
$3.50 /SF
= $942.
HANDICAP RAMP:
12
EA
@
$350 /EA
= $4,200.
ASPHALT
5 FULL DEPTH ASPHALT ON
COMPACTED
SUBGRADE
5,964
SY
@
$13.50/SY
= $80,514.
6" FULL DEPTH ASPHALT ON
COMPACTED
SUBGRADE
3,488
SY
@
$13.50 /SY
= $47,088.
TEMPORARY TURN AROUND:
305
SY
@
8.50 /SY
= $2,593.
(2" ASPHALT ON COMPACTED
SUBGRADE)
SANITARY SEWER
8" PVC: 0' -12':
2,392
LF
@
$19.00 /LF
= $45,448.
48" MANHOLES: 0' -12':
11
EA
@
$1200 /EA
= $13,200.
WYES:
37
EA
@
$500 /EA
= $18,500.
RAISE MANHOLES:
10
EA
@
$150 /EA
= $1,500.
WATER
6" PVC:
896
LF
@
$12 /LF
= $10,752.
12" PVC:
889
LF
@
$21 /LF
= $18,669.
6" GATE VALVE:
3
EA
@
$460 /EA
= $1,380.
12" GATE VALVE:
2
EA
@
$1050 /EA
= $2,100.
PERMANENT BLOW -OFF:
4
EA
@
$650 /EA
= $2,600.
FIRE HYDRANT ASSEMBLIES
(FROM MAIN TO FH)
1
EA
@
$2300 /EA
= $2,300.
SERVICES:
37
EA
@
$400 /EA
= $14,800.
RAISE VALVE BOXES:
10
EA
@
$125 /EA
= $1,250.
REIMBURSEMENT TO WATER BOARD
= $5,668.
PREPARED BY: A. SPRITZER
FIRM KLH ENGINEERING CONSULTANTS, INC.
REVIEWED BY:
City of Pueblo
12/08/94
DATE
2,/ Lqx
DATE
Page 3 of 7
Book: 2773 Page: 401 Chris C. Munoz
Page: 10 of 16 Pueblo Co.C1k.&Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: WALKING STICK ESTATES, FILING NO 2 A SPECIAL AREA PLAN
PHASE 1. FILING 2. PART A CONTINUED
DEVELOPER: WALKING STICK U.S. LIMITED PARTNERSHIP
ENGINEER: KLH ENGINEERING CONSULTANTS, INC.
STORM SEWER
15" POLY PIPE:
421
LF
@
$24/1-F
= $10,104.
18" POLY PIPE:
198
LF
@
$27.50/LF
= $5,445.
24" POLY PIPE:
179
LF
@
$35.00 /LF
= $6,265.
TYPE 1 -13 MH:
4
EA
@
$1300 /EA
= $5,200.
TYPE "S" INLET
L =4':
1
EA
@
$1200 /EA
= $1,200.
L =6':
2
EA
@
$1800 /EA
= $3,600.
L =8':
1
EA
@
$2200 /EA
= $2,200.
L =10':
2
EA
@
$2600 /EA
= $5,200.
RIP RAP PAD:
29.6 CY TYPE
L
(AV. ROCK
DIA =9')
@
$50 /CY
= $1,480.
CONCRETE ENCASEMENT:
(@ WATER CROSSING
@ FUTURE DESERT CANDLE)
LUMP SUM
= $500.
RAISE MH :
3
EA
@
$150 /EA
= $450.
EARTHWORK:
GRADING, SWALES,
ETC.
26,500 CY @
$1.50 /CY
= $39,750.
MONUMENTS:
13
EA
@
$450 /EA
= $5,850.
STREET LIGHTS:
12
EA
@
$1300 /EA
= $15,600.
BARRICADES:
L =16'
2
EA
@
$ 600 /EA
= $1,200.
TOTAL
$ 416,918.
This is an estimate only. Actual Construction Costs may vary.
This estimate may not include all construction costs.
PREPARED BY: A. SPRITZER
FIRM KLH ENGINEERING CONSULTANTS, INC.
REV I EWED BY: O y;w 04
City of Pueblo
12/08/94
DATE
1 w9 Q
DATE
Page 4 of 7
Book: 2773 Page: 402 Chris C. Munoz
Page: 11 of 16 Pueblo Co.C1k.&Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: WALKING STICK ESTATES FILING NO 2 A SPECIAL AREA PLAN
PHASE 1. FILING 2. PART B
DEVELOPER: WALKING STICK U.S. LIMITED PARTNERSHIP
ENGINEER: KLH ENGINEERING CONSULTANTS INC
CURB & GUTTER: CONCRETE
6" RAMP
5016
LF
@
$7.50 /LF
= $37,620.
SQUARE PAN:
2
EA
@
$400 /EA
= $800.
CROSS PAN:
490
SF
@
$3.50 /SF
= $1,715.
HANDICAP RAMP:
20
EA
@
$350 /EA
= $7,000.
ASPHALT
52" FULL DEPTH ASPHALT ON COMPACTED SUBGRADE
6,462 SY @ $13.50/SY = $87,237.
6" FULL DEPTH ASPHALT ON COMPACTED SUBGRADE
FIRM KLH ENGINEERING CONSULTANTS, INC.
REVIEWED BY: (Z; / v1 p App e,
City of Pueblo DATE
Page 5 of 7
3,253
SY
@
$13.50 /SY
= $43,916.
SANITARY SEWER
8" PVC: 0' -12':
1,438
LF
@
$19 /LF
= $27,322.
15" PVC: 0' -12':
191
LF
@
$22 /LF
= $4,202.
15" PVC: 20' -25':
935
LF
@
$27 /LF
= $25,245.
48" MANHOLES: 0' -12':
7
EA
@
$1200 /EA
= $8,400.
48" MANHOLES: 20' -25':
1
EA
@
$2000 /EA
= $2,000.
60" MANHOLES: 12' -20':
1
EA
@
$2100 /EA
= $2,100.
48" DROP MANHOLES: 20' -25':
3
EA
@
$2300 /EA
= $6,900.
WYES:
35
EA
@
$500 /EA
= $17,500.
RAISE MANHOLES:
11
EA
@
$150 /EA
= $1,650.
WATER
6" PVC:
1,117
LF
@
$12 /LF
= $13,404.
8" PVC:
224
LF
@
$14 /LF
= $3,136.
12" PVC:
1115
LF
@
$21 /LF
= $23,415.
6" GATE VALVE:
4
EA
@
$460 /EA
= $1,840.
8" GATE VALVE:
1
EA
@
$600 /EA
= $600.
12" GATE VALVE:
6
EA
@
$1050 /EA
= $6,300.
PERMANENT BLOW -OFF:
4
EA
@
$650 /EA
= $2,600.
FIRE HYDRANT ASSEMBLIES
(FROM MAIN TO FH)
4
EA
@
$2300 /EA
= $9,200.
SERVICES:
35
EA
@
$400 /EA
= $14,000.
RAISE VALVE BOXES:
20
EA
@
$125 /EA
= $2,500.
REIMBURSEMENT TO WATER
BOARD
= $9,368.
PREPARED BY: A.
SPRITZER
12/08/94
DATE
FIRM KLH ENGINEERING CONSULTANTS, INC.
REVIEWED BY: (Z; / v1 p App e,
City of Pueblo DATE
Page 5 of 7
Book: 2773 Page: 403 Chris C. Munoz
Page: 12 of 16 Pueblo Co.C1k.&Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: WALKING STICK ESTATES, FILING NO. 2 A SPECIAL AREA PLAN
PHASE 1. FILING 2. PART B CONTINUED
DEVELOPER: WALKING STICK U.S. LIMITED PARTNERSHIP
ENGINEER: KLH ENGINEERING CONSULTANTS, INC.
STORM SEWER
15" POLY PIPE:
18" POLY PIPE:
24" POLY PIPE:
30" POLY PIPE:
TYPE 1 -B MH:
TYPE "S" INLET L =5':
L =8'.
L =15'.
RAISE MH:
10
LF
@
$24/1-F
= $240.
301
LF
@
$27.50/LF
= $8,278.
128
LF
@
$35 /LF
= $4,480.
111
LF
@
$50 /LF
= $5,550.
3
EA
@
$1300 /EA
= $3,900.
1
EA
@
$1500 /EA
= $1,500.
2
EA
@
$2200 /EA
= $4,400.
1
EA
@
$3400 /EA
= $3,400.
3
EA
@
$150 /EA
= $450.
EARTHWORK
GRADING, SWALES, ETC. 16,500 CY @
MONUMENTS
STREET LIGHTS
BARRICADES L =16'
$1.50 /CY
= $24,750.
13 EA @ $450 /EA = $5,850.
10 EA @ $1300 /EA = $13,000.
1 EA @
$ 600 /EA
$600.
$ 436,368.
TOTAL
THIS IS AN ESTIMATE ONLY. ACTUAL CONSTRUCTION COSTS MAY VARY. THIS ESTIMATE
MAY NOT INCLUDE ALL CONSTRUCTION COSTS.
PREPARED BY: A. SPRITZER 12/08/94
DATE
FIRM KLH ENGINEERING CONSULTANTS, INC.
REVIEWED BY: (/�e dow
City of Pueblo
/yg /gy
DATE
Page 6 of 7
Book: 2773 Page: 404 Chris C. Munoz
Page: 13 of 16 Pueblo Co.C1k.&Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: WALKING STICK ESTATES, FILING NO. 2 A SPECIAL AREA PLAN
PHASE 1. FILING 2. PART C
DEVELOPER:
ENGINEER:
WALKING STICK U.S.
KLH ENGINEERING
LIMITED PARTNERSHIP
CONSULTANTS, INC.
12" PVC:
CURB & GUTTER; CONCRETE
LF @
8" GATE VALVE:
5 @
6" STD:
5549
LF
@
$7.50 /LF
= $41,618.
SQUARE PAN /TRANS.
SECT. 1
EA
@
$700 /EA
= $700.
CROSS PAN:
334
SF
@
$3.50 /SF
= $1,169.
HANDICAP RAMP:
12
EA
@
$350 /EA
= $4,200.
TRANSITION SECTION
78
LF
@
$15 /LF
= $1,170.
4' SIDEWALK
5509
LF
@
$8 /LF
= $44,072.
ASPHALT
7" FULL DEPTH ASPHALT ON COMPACTED SUBGRADE
12,857 SY @ $13.50 /SY
SANITARY SEWER
RAISE MANHOLES: 3 EA @ $150 /EA
WATER
8" PVC:
915
LF @
12" PVC:
2,057
LF @
8" GATE VALVE:
5 @
12" GATE VALVE:
5
EA @
PERMANENT BLOW -OFF:
3
EA @
RAISE VALVE BOXES:
18
EA @
REIMBURSEMENT TO WATER
BOARD
FIRE HYDRANT ASSEMBLIES
4
EA @
STORM SEWER
RAISE MH: 4 EA @
EARTHWORK:
GRADING, SWALES, ETC. 16,500 CY @
MONUMENTS:
STREET LIGHTS
BARRICADES
8 EA @
15 EA @
L =24' 2 EA @
TOTAL
$14 /LF
$21 /LF
$600 /EA
$1050 /EA
$650 /EA
$125/EA
$2300 /EA
$150 /EA
$1.50 /CY
$450 /EA
$1300 /EA
$ 800 /EA
= $173,570.
$450.
$12,810.
_ $50,085.
$43,197.
$5,250.
_ $1,950.
_ $2,250.
$243.
$9,200.
$600.
$24,750.
$3,600.
_ $19,500.
$1,600.
$ 394,899.
THIS IS AN ESTIMATE ONLY. ACTUAL CONSTRUCTION COSTS MAY VARY. THIS ESTIMATE
MAY NOT INCLUDE ALL CONSTRUCTION COSTS.
PREPARED BY: A. SPRITZER
FIRM KLH ENGINEERING CONSULTANTS, INC.
REVIEWED BY:
City of Pueblo
12/08/94
DATE
DATE
9410000.550 Page 7 of 7
Book: 2773 Page: 405 Chris C. Munoz
Page: 14 of 16 Pueblo CO.C1k.&Rec.
ADDENDUM
This Addendum is made and entered into this !Z6 day of &��iAy , 1994
by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as
"City ", and WALKING STICK U.S. LIMITED PARTNERSHIP, a Colorado Limited
Partnership, hereinafter referred to as "Subdivider ", which Addendum is made and entered
into between the parties the same date as the Subdivision Improvement Agreement. The City
and the Subdivider agree as follows:
1. This Addendum shall modify and supplement the Subdivision Improvement
Agreement of this same date between the parties.
2. The purpose of this Addendum is to allocate the Subdivider agreements and
responsibilities contained in the Subdivision Improvement Agreement for Walking Stick Estates
Filing No. 2 by segregating and applying the agreements, responsibilities and obligations into
a Part A Development or a Part B Development.
3. Walking Stick Estates, Filing No. 2, Part A Development shall consist of the
residential lots that are legally described as follows:
Lots 6 through 11, Block 1
Lots 4 through 12 and Lots 18 through 23, Block 2
Lots 18 through 45, Block 3
4. Walking Stick Estates, Filing No. 2, Part B Development shall consist of the
residential lots that are legally described as follows:
Lots 12 through 27, Block 1
Lots 13 through 17, Block 2
Lots 46 through 60, Block 3
5. The Subdivider agreements contained in the Subdivision Improvement Agreement
shall be segregated and only required based upon issuance of a building permit for construction
of any building or structure on any building within either Part A Development or Part B
Development as described above.
6. The Subdivider further agrees to construct temporary turnarounds with applicable
barricades at the following locations for the development of lots within Part A Development
until such time as the roadways are completed and extended beyond those points:
1. At the temporary end of St. Andrews Drive approximately located at the
easterly boundary of Lot 11, Block 1; and
2. At the temporary end of Muirfield Road approximately located at the easterly
boundary of Lot 45 at Block 3 .
Book: 2773 Page: 406 Chris C. Munoz
Page: 15 of 16 Pueblo Co.C1k.&Aec.
P ft k
Expires:
.......
J> -3 -9G
CZM� /" f
Notary Public
Address:
S
U Jv
CITY OF P EBLO, a Municipal Corporation
�y
Vt e E — Presi ent of the Council
2
7. The Subdivider further agrees to construct temporary turnarounds with applicable
barricades during the Part B Development at the following location:
1. The intersection of St. Andrews Drive and Walking Stick Boulevard with a
temporary turnaround to be placed at the end of St. Andrews Drive.
(SEAL)
STATE OF COLORADO )
SS.
COUNTY OF PUEBLO )
WALKING STICK, U.S. LIMITED PARTNERSHIP
a Colorado Limited Partnership
Subdivider
By
Do d . o dman, President of
Holy one Development Corporation,
a Colorado Corporation, the sole
general partner of Walking Stick
U.S. Limited Partnership
The foregoing instrument was acknowledged before me this ? day of
D e- c- e r- , 1994 by Donald S. Goldman, President of Holystone Development
Corporation, a Colorado Corporation, the sole general partner of Walking Stick U.S. Limited
Partnership, Subdivider.
Book: 2773 Page: 407 Chris C. Munoz
Page: 16 of 16 Pueblo Co.C1k.&Rec.
STATE OF COLORADO )
) SS.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 9th day of
December , 1994 by Christian L. Weaver , as President of City Council
and Marian D. Mead as City Clerk of the City of Pueblo, Colorado.
�1 ,4t&nission Expires: 7une 3 1998
-Public
: Address: 1 City Hall Place
Pueblo, CO 81003
APPROVED AS TO FORM:
Ate
3
Reception 1065024
12/12/1994
EASEMENT AND RIGHT OF WAY
This Easement is made by the CITY OF PUEBLO, a home rule municipality duly
organized and existing under the laws of the State of Colorado, GRANTOR, for WALKING
STICK U.S. LIMITED PARTNERSHIP, a Colorado Limited Partnership, its successors
and assigns, as GRANTEE.
RECITALS
A. The City of Pueblo is the owner of real property commonly known as the Walking
Stick Golf Course ( "Golf Course ") which includes in part an Easement to be granted as
described in Exhibit "A ".
B. The property adjacent to the Golf Course is being developed as family residences.
C. The City of Pueblo, pursuant to an Annexation Agreement dated June 25, 1990
"requires installation on the adjacent land and maintenance by the property owner thereof of
aesthetically acceptable fence, wall or other buffer material between the property and the Golf
Course..." (the "Fence ").
D. To comply with this requirement and for the installation and maintenance of the
Fence on the property adjacent to the Golf Course, it is necessary to create this Easement.
THEREFORE, THE GRANTOR AGREES AND DECLARES AS FOLLOWS:
1. GRANT OF EASEMENT. In consideration of the sum of $10.00 and other good
and valuable consideration paid by Grantee, receipt of which is acknowledged, the Grantor
grants and conveys to the Grantee, its successors and assigns, a 10 -foot easement and right of
way ( "Easement ") for the purpose of installation and maintenance of the Fcnce to be installed
on lots adjacent to the Golf Course, which Easement is through, over, under and across
Grantor's property situated in the County of Pueblo, Colorado and legally described in Exhibit
"A" which is attached and incorporated by reference (the "Property "). This Easement shall
include the right to enter upon the said Property for the purpose of installation, construction,
maintenance, control, repair, and replacement of the Fence.
2. DURATION. This Easement is perpetual.
3. ACCESS. Grantor grants to Grantee the right of ingress and egress over and across
the real property of Grantor adjoining the Easements at locations approved in advance by
Grantor for the purpose of installation, construction, maintenance, control and repair, removing
or replacing the Fence.
4. REPAIRS. Grantee shall repair and restore the Property, and Grantor's other
property damaged or disturbed during Grantee's construction, maintenance, repair, removing
or replacing of the Fence and use with respect to the Easement to as near original condition
as reasonably possible.
Book: 2773 Page: 415 Chris C. Munoz
Page: 2 of 3 Pueblo Co.Clk.&Rec.
5. RESERVATION OF RIGHTS. The Grantor reserves the right to use and occupy
the Property for any purpose consistent with the right and privilege above granted. This
reservation by the Grantor shall not include the right to locate or cause to be located or erected
any building or other structure on the easement.
6. BINDING EFFECT. This Easement and Right of Way shall run with the land and
shall be binding upon and inure to the benefit of the heirs, personal representatives, successors
and assigns of the Grantor and Grantee.
7. EFFECTIVE DATE. This Easement shall become effective on the date it is
recorded.
8. GOVERNING LAW. This Easement shall be governed by, construed and enforced
in accordance with the laws of the State of Colorado.
Signed this / day of December, 1994.
GRANTOR:
STATE OF COLORADO
COUNTY OF PUEBLO
The CITY OF PUEBLO, a home rule municipality
duly organized and existing under the laws of the
State of Colorado
B 2
CHRISTIAN L. WEAVER
�p`�, resident Pro Tein f City Counq
ti; fo
y,.
) SS.
D. MEAD, City Clerk
The foregoing instrument was acknowledged before me this 9th day of
December, 1994 by Christian L. Weaver, President Pro Tern of City Council and Marian D.
Mead, City Clerk of the CITY OF PUEBLO, a home rule municipality duly organized and
existing under the laws of the State of Colorado.
-.,My-Commission Expires: June 3. 1994
SS N1• �JIAND AND OFFICIAL
I~ ; it. r.+Iall °i'lace
wPue?-' a eO ' -8003
.1,,.
Book: 2773 Page: 416 Chris C. Munoz
Page: 3 of 3 Pueblo Co.C1k.&Rec.
10' ACCESS EASEMENT ON WALKINGSTICK GOLF COURSE
An easement for fence maintenance access through a portion of the
SW1 /4 and the W1/2 of the SE1 /4 of Section 8, Township 20 South,
Range 64 West of the 6th P.M. and through a portion of Walkingstick
Golf Course, said easement being 10 feet in width, lying South of
and immediately adjacent to the following described reference line:
Considering the South line of said Section 8 to bear N. 88 °45'07 "E.
and all bearings contained herein being relative thereto.
Beginning at the Southwest corner of Lot 6, Block 1 in Walking
Stick Estates, Filing No. 2, A Special Area Plan, according to the
recorded plat thereof; thence Easterly, along the South line of
said Filing No. 2 and along the North boundary line of said
Walkingstick Golf Course, the following five (5) courses:
1. S.89 ° 40'46 "E., a distance of 406.94 feet;
2. N.81'53'21 "E., a distance of 316.49 feet;
3. S.89 ° 32'09 "E., a distance of 415.25 feet;
4. S.78'05'57 "E., a distance of 340.24 feet;
5. S.85 ° 32'52 "E., a distance of 78.09 feet
to the Point of Terminus.
Prepared by: KLH ENGINEERING CONSULTANTS, INC.
111 E. 5TH STREET
PUEBLO, COLORADO 81003
September 22, 1994
9410000.255
EXHIBIT "A"
Reception 1065025
12/12/1994
EASEMENT AND RIGHT OF WAY
The Colorado State Board of Agriculture, a university governing board established
pursuant to the laws and Constitution of the State of Colorado ( "Grantor "), whose street
address is 110 16th Street, Suite 640, Denver, Colorado 80202, acting by and through its duly
appointed attorney -in -fact, the University of Southern Colorado, an institution of higher
education established pursuant to the laws and Constitution of the State of Colorado, for one
dollar and other good and valuable consideration in hand paid, hereby grants and conveys to
the City of Pueblo, a home rule municipality duly organized and existing under the laws and
Constitution of the State of Colorado ( "Grantee "), whose street address is I City I -lall Place,
Pueblo, Colorado 81003, the following casement ( "Easement ") for storm drainage:
1. An Easement for storm drainage and the right, without any obligation to do so, to
construct, maintain, remove, and replace the storm drainage and appurtenant facilities upon,
over, under, and across Grantor's property situated in the County of Pueblo, Colorado and
described in the attached Exhibit "A ".
2. The above Easement is granted subject to the following terms and conditions:
a. Grantor reserves for itself and its successors and assigns the right to use the
Easement for purposes not inconsistent with the rights herein granted, provided Grantor shall
not erect or place any permanent structures on the Easement, or otherwise interfere with or
endanger Grantee's facilities therein or the use thereof.
b. Grantor grants to Grantee the right of ingress and egress over and across the
real property of the Grantor adjoining the Easement for the purpose of constructing, operating,
maintaining, removing or replacing utilities, roads and incidental appurtenances therein located.
If publicly dedicated rights of way provide reasonable access, such right of ingress and egress
may be limited to publicly dedicated rights of way.
c. Grantor grants to Grantee the right to permit other public entities or utility
companies to use the Easement described on Exhibit "A" jointly with the Grantee for utility
purposes under the same terms and conditions contained herein.
d. Grantor covenants and warrants that Grantor is the owner in fee of the
Easement, has good and lawful right to convey the Easement, and the Easement is free of all
liens and encumbrances except all matters affecting title shown on Exhibit "B" hereto.
e. Grantee shall repair and restore Grantor's property damaged during Grantee's
construction, maintenance and use with respect to the Easement to as near original condition
as reasonably possible.
Book: 2773 Page: 418 Chris C. Munoz
Page: 2 of 4 Pueblo Co.C1k.&Rec.
f. The Easement hereby granted shall run with the land and be binding upon and
inure to the benefit of the Grantee and Grantor and their respective successors and assigns.
g. Upon dedication of all or a portion of this Easement as a public street or right
of way, this Easement shall terminate as to the portion thereof so dedicated.
GRANTOR:
THE COLORADO STATE BOARD OF
AGRICULTURE, a university governing
board, acting by and through its duly
appointed Attorney in Fact, the University
of Southern Colorado
By
Title: President of the Univer ity of
Southern Colorado
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this day of
r e r., � r- , 1994 by Dr. Robert C. Shirley, President of the University of Southern
Colorado.
Witness my hand and official seal.
My Commission Expires: rk —' / — I
w A R Y+ i 140tary Public
P t1 E Q .
e j�pfiptions shown on Exhibit "A" were prepared by Raymond F. Koester, Registered
yor, KLH Engineering Consultants, Inc., 111 East 5th Street, Pueblo, Colorado,
81003.
ra
Book: 2773 Page: 419 Chris C. Munoz
Page: 3 of 4 Pueblo Co.Clk. &Rec.
STORM DRAINAGE EASEMENTS
Two (2) easements for storm drainage purposes in the W1 /2 of the
SW1 /4 of Section 8, Township 20 South, Range 64 West of the 6th
P.M., lying Northwesterly of and immediately adjacent to the
Northwesterly right -of -way line of Cedarweed Boulevard, as platted
in Walking Stick Estates, Filing No. 2, A Special Area Plan,
according to the recorded plat thereof and being more particularly
described as follows:
Considering the South line of said Section 8, Township 20 South,
Range 64 West of the 6th P.M. to bear N.88'45'07 "E. and all
bearings contained herein being relative thereto.
SOUTH EASEMENT:
Beginning at the Easternmost corner of Parcel A in Walking Stick
Estates, Filing No. 1, A Special Area Plan, according to the
recorded plat thereof, filed for record April 29, 1994; thence
N.44'53'57 "W., along the North line of said Parcel A, a distance of
51.97 feet; thence N.45'06'03 "E., a distance of 60.00 feet; thence
S.44'53'57 "E., a distance of 51.97 feet to the said Northwesterly
right -of -way line of Cedarweed Boulevard; thence Southwesterly,
along said right -of -way line and along the arc of a curve to the
left, whose center bears S.42'59'21 "E. and whose radius is 900
feet, a distance of 60.01 feet to the Point of Beginning.
WEII
NORTH EASEMENT:
Beginning at the Northernmost corner of said Walking Stick Estates,
Filing No. 2, A Special Area Plan; thence Southwesterly, along the
said Northwesterly right -of -way line of Cedarweed Boulevard and
along the arc of a curve to the right, whose center bears
N.53'30'15 "W. and whose radius is 960 feet, a distance of 80.03
feet; thence Northwesterly, along the arc of a curve to the right,
whose center bears N.37'59'25 "E. and whose radius is 840 feet, a
distance of 53.99 feet; thence N.41 °40'22 "E., a distance of 80.00
feet; thence Southeasterly, along the arc of a curve to the left,
whose center bears N.41'40'22 "E. and whose radius is 760 feet, a
distance of 50.10 feet to the Point of Beginning.
Prepared by: KLH ENGINEERING CONSULTANTS, INC.
111 E. Fifth Street
Pueblo, CO 81003
October 12, 1994
JN 94 100 00
9410000.257
EXHIBIT "A"
Book: 2773 Page: 420 Chris C. Munoz
Page: 4 of 4 Pueblo Co.C1k. &Rec.
1. Rights or claims of parties in possession not shown by the
public records.
2. Easements, or claims of easements , not shown by the public
records.
3. Any lien, or right to a lien, for services, labor or material
theretofore or hereafter furnished, imposed by law and not shown by
the public records.
4. Taxes due and payable,; and any tax, special assessments,
charge or lien imposed for water or sewer service, or for any other
special taxing district.
5. Reservation of right of proprietor of any penetrating vein or
lode to extract his ore, in U.S. Patent recorded August 18, 1890 in
Book 91 at Page 23.
6. Terms, agreements, provisions, conditions and obligations as
contained in Memorandum of Agreement by and between The State Board
of Agriculture of the State of Colorado and 11olys tone Corporation,
a Colorado corporation, recorded September 22, 3.992 in 13ook 2615,
at Page 211.
7. Terms, agreements, provisions, conditions and obligations as
contained in that certain Agreement dated April 7, 1992 by and
between the Development Corp., a Colorado non - profit corporation,
and Holystone Corporation, a Colorado corporation.
8. Terms, agreements, provisions, conditions and obligations as
contained in that certain Annexation Agreement dated June 25, 1990
and recorded August 7, 1990 in Hook 2510, Page 657 of the Pueblo
County, Colorado Real Estate Records and that certain Contract
dated October 25, 1993 by and between the City of Pueblo and
1-Iolystone Corporation, a Colorado corporation.
EXHIBIT "B"
Reception 1065026
12/12/1994
EASEMENT AND RIGHT OF WAY
The Colorado State Board of Agriculture, a university governing board established
pursuant to the laws and Constitution of the State of Colorado ( "Grantor "), whose street
address is 110 16th Street, Suite 640, Denver, Colorado 80202, acting by and through its duly
appointed attorney -in -fact, the University of Southern Colorado, an institution of higher
education established pursuant to the laws and Constitution of the State of Colorado, for one
dollar and other good and valuable consideration in hand paid, hereby grants and conveys to
the City of Pueblo, a home rule municipality duly organized and existing under the laws and
Constitution of the State of Colorado ( "Grantee "), whose street address is 1 City Hall Place,
Pueblo, Colorado 81003, the following easement ( "Easement ") for sanitary sewer and
maintenance road:
1. An Easement for sanitary sewer and maintenance road and the right, without any
obligation to do so, to construct, maintain, remove, and replace the sanitary sewer and
maintenance road and appurtenant facilities upon, over, under, and across Grantor's property
situated in the County of Pueblo, Colorado and described in the attached Exhibit "A ".
2. The above Easement is granted subject to the following terms and conditions:
a. Grantor reserves for itself and its successors and assigns the right to use the
Easement for purposes not inconsistent with the rights herein granted, provided Grantor shall
not erect or place any permanent structures on the Easement, or otherwise interfere with or
endanger Grantee's facilities therein or the use thcrcol'.
b. Grantor grants to Grantee the right of ingress and egress over and across the
real property of the Grantor adjoining the Easement for the purpose of constructing, operating,
maintaining, removing or replacing utilities, roads and incidental appurtenances therein located.
If publicly dedicated rights of way provide reasonable access, such right of ingress and egress
may be limited to publicly dedicated rights of way.
c. Grantor grants to Grantee the right to permit other public entities or utility
companies to use the Easement described on Exhibit "A" jointly with the Grantee for utility
purposes under the same terms and conditions contained herein.
d. Grantor covenants and warrants that Grantor is the owner in fee of the
Easement, has good and lawful right to convey the Easement, and the Easement is free of all
liens and encumbrances except all matters affecting title shown on Exhibit "B" hereto.
e. Grantee shall repair and restore Grantor's property damaged during Grantee's
construction, maintenance and use with respect to the Easement to as near original condition
as reasonably possible.
Book: 2773 Page: 422 Chris C. Munoz
Page: 2 of 5 Pueblo Co.C1k.&Rec.
f. The Easement hereby granted shall run with the land and be binding upon and
inure to the benefit of the Grantee and Grantor and their respective successors and assigns.
g. Upon dedication of all or a portion of this Easement as a public street or right
of way, this Easement shall terminate as to the portion thereof so dedicated.
GRANTOR:
THE COLORADO STATE BOARD OF
AGRICULTURE, a university governing
board, acting by and through its duly
appointed Attorney in Fact, the University
of Southern Colorado
By --
Title: President of the Univer 'ty of
Southern Colorado
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this day of
1994 by Dr. Robert C. Shirley, President of the University of Southern
Colorad .
Witness my hand and official seal.
My Commission Expires:
w
0 P'Ry Notary Public
r
U o
P o
, jaga(o iptions shown on Exhibit "A" were prepared by Raymond F. Koester, Registered
Lan urveyor, KLH Engineering Consultants, Inc., 111 East 5th Street, Pueblo, Colorado,
81003.
2
Book: 2773 Page: 423 Chris C. Munoz
Page: 3 of 5 Pueblo Co.Clk. &Rec.
SANITARY SEWER AND MAINTENANCE ROAD EASEMENT
An easement for sanitary sewer
through a portion of the W1/2 of
20 South, Range 64 West of the 6th
described as follows:
and maintenance road purposes
the SE1 /4 of Section 8, Township
P.M. and being more particularly
Considering the South line of said Section 8 to bear N.88 ° 45'07 "E.
and all bearings contained herein being relative thereto.
Beginning at the Northeast corner of Walking Stick Estates, Filing
No. 2, A Special Area Plan, according to the recorded plat thereof;
thence Southerly, along the East boundary of said subdivision the
following three (3) courses:
1. S.05 ° 11'11 "W., a distance of 291.20 feet;
2. S.29'56'25 "W., a distance of 105.85 feet;
3. S.34 ° 57'53 "W., a distance of 200.53 feet
to the North boundary line of Walkingstick
Golf Course;
thence S.85 °3252 "E., along said North boundary line, a distance of
108.00 feet; thence N.04'27'08 "E., a distance 18.00 feet; thence
N.31 ° 30'07 "W., a distance of 50.00 feet; thence N.11 ° 19'31 "E., a
distance of 65.00 feet; thence N.34 ° 57'53 "E., a distance of 51.20
feet; thence N.29 ° 56'25 "E., a distance of 109.01 feet; thence
N.05 11'11 "E., a distance 293.83 feet; thence N.84 ° 48'49 "W., a
distance of 12.00 feet to the Point of Beginning.
Prepared by: KLH ENGINEERING CONSULTANTS, INC.
111 E. 5th Street
Pueblo, Colorado 81003
November 23, 1994
JN 94 100 00
9410000.258
EXHIBIT "A"
s
Book: 2773 Page: 424 Chris C. Munoz
Page: 4 of 5 Pueblo Co.Clk. &Rec.
S Y4
SE %4
SCALE. I" — 100'
AY SEWER AND
WJANCE ROAD EASEREW
VANCE ROAD E4SE1tW
WALKINGSTICK GOLF COURSE
S W % SE %4
EXHIBIT "A"
S
Book: 2773 Page: 425 Chris C. Munoz
Page: 5 of 5 Pueblo Co.C1k.&Rec.
1. Rights or claims of parties in possession not shown by the
public records.
2. Easements, or claims of casements , not shown by the public
records.
3. Any lien, or right to a lien, for services, labor or material
theretofore or hereafter furnished, imposed by law and not shown by
the public records.
4. Taxes due and payable,; and any tax, special assessments,
charge or lien imposed for water or sewer service, or for any other
special taxing district.
5. Reservation of right of proprietor of any penetrating vein or
lode to extract his ore, in U.S. Patent recorded August 1£3, 1£390 in
Book 91 at Page 23.
6. Terms, agreements, provisions, conditions and obligations as
contained in Memorandum of Agreement by and between The State Board
of Agriculture of the State of Color-ado and Itol.y tone Corporation,
a Colorado corporation, recorded September 22, 1992 in Book 263.5,
at Page 211.
7. Terms, agreements, provisions, conditions and obligations as
contained in that certain Agreement dated April 7, 1992 by and
between the Development Corp., a Colorado non - profit corporation,
and Holystone Corporation, a Colorado corporation.
8. Terms, agreements, provisions, conditions and obligations as
contained in that certain Annexation Agreement dated June 25, 1990
and recorded August 7, 1990 in Book 2510, Page 657 of the Pueblo
County, Colorado Real Estate Records and that certain Contract
dated October 25, 1993 by and between the City of Pueblo and
Holystone Corporation, a Colorado corporation.
EXHIBIT "B"
Reception 1065023
12/12/1994
CONTRACT
THIS CONTRACT is entered into the 28th day of November, 1994 between Pueblo, a
municipal corporation, 1 City Hall Place, Pueblo, Colorado (herein "City ") and Walking Stick US
Limited Partnership, a Colorado Limited Partnership, 301 North Main Street, Suite 207, Pueblo,
Colorado, 81003 (herein "Company "), WITNESSETH:
WHEREAS, City and Colorado State Board of Agriculture entered into an Annexation
Agreement Case No. A -90 -1 dated June 25, 1990 and recorded August 7, 1990 in Book 2510, at
Page 564 of the records of the County Clerk and Recorder (the "Annexation Agreement "), and
WHEREAS, pursuant to the Annexation Agreement the developer of the Master Plan Area
is obligated to construct and install street and other improvements required by the development of
the Master Plan Area, and
WHEREAS, the subdivision ordinances of the City require the developer of land within the
City to install subdivision and other improvements including streets adjacent to land being
subdivided, and
WHEREAS, Company has submitted to the City for approval Walking Stick Estates Filing
No. 2 Subdivision and Walking Stick Estates Filing No. 2 Special Area Plan which may require the
installation of a portion of Walking Stick and Cedarweed Boulevards, and
WHEREAS, City and Company are willing to enter into a contract with respect to the
deposit of funds to secure the installation and completion of Walking Stick and Cedarweed
Boulevards in accordance with City's specifications and requirements.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained
herein, City and Company agree as follows:
A. DEFINITIONS
1. Definitions When used herein, the following terms shall have the following meaning
unless the context clearly requires otherwise:
(a) "Boulevards" means Cedarweed and Walking Stick Boulevards as shown on
the attached Exhibit "A ".
(b) "Master Plan Area" means the Master Plan Area as defined in the Annexation
Agreement recorded in Book 2510, at Page 564 of the records of the Pueblo County Clerk and
Recorder.
(c) "Subdivisions" means Walking Stick Estates Filing No. 2 Subdivision and
Book: 2773 Page: 409 Chris C. Munoz
Page: 2 of 6 Pueblo Co.Clk. &Rec.
Walking Stick Estates Filing No. 2 Special Area Plan.
(d) "Escrow Account" means the funds on deposit in escrow account pursuant
to Paragraph C. Deposit of Funds of this Contract.
(e) "Director" means the City's Director of Public Works.
B. EFFECTIVE DATE
1. Effective Date This Contract shall become effective upon the recording of either
or both of the Plats for the Subdivisions.
C. DEPOSIT OF FUNDS
1. Deposit Company and City acknowledge and agree that the Boulevards are not at
this time required to be installed but will be required to be installed as the Master Plan Area is
further developed. Therefore, the parties agree that in order to secure the installation and
construction of the Boulevards by the developer of the Master Plan Area, a specified amount upon
the sale of each residential lot within the Master Area Plan (except lots located within Walking Stick
Estates Filing No. 1, a Special Area Plan and Villa at Walking Stick, a Special Area Plan) shall be
deposited in an interest - bearing Escrow Account. Company and any other successor or substitute
developer of the Master Plan Area shall deposit into the Escrow Account Five Hundred Sixty -Five
and No /100 Dollars ($565) for each residential lot sold by Company or such other successor or
substitute developer of the Master Plan Area. The amount to be deposited shall be deposited at the
time of the initial sale of each lot in the Subdivisions and in any other subdivision or special area
plan located within the Master Plan Area subsequently approved by City, whether by individual lot,
or multiple lots, or en mass. No building permit will be issued for any residential lot within the
Master Area Plan (except lots located within Walking Stick Estates Filing No. 1, a Special Area Plan
and Villa at Walking Stick, a Special Area Plan) until the required deposit therefor has been made.
The agreement for the Escrow Account shall be in substantially the same form and content as the
Escrow Agreement attached as Exhibit "B ". Funds deposited in the Escrow Account and all
earnings therefor shall be used solely to secure the construction and installation of the Boulevards.
2. Deposit Adjustment On January 1, 1996 and on January 1 of each subsequent year,
the amount to be deposited upon the sale of each residential lot shall be increased or decreased by
a percentage increase or decrease of the Consumer Price Index for all urban consumers (CPI -U).
All Items (1982 -1984 =100) published by the Bureau of Labor Statistics of the United States Department
of Labor (the "Bureau "). If the Bureau ceases to publish the CPI -U or materially changes its computation,
the City and Company shall accept comparable statistics regarding the purchasing power of the consumer
dollar as published by a responsible financial periodical or recognized authority to be then mutually
agreed upon.
3. Use of Deposit
-2-
Book: 2773 Page: 410 Chris C. Munoz
Page: 3 of 6 Pueblo Co.Clk.&Rec.
(a) The funds on deposit in the Escrow Account shall be held by City as Escrow
Agent as security for the timely construction and installation of the Boulevards. Upon final completion
of the construction and installation of the Boulevards in accordance with City's specifications and
requirements therefor, no additional deposits upon the sale of lots shall be required, and the funds
in the Escrow Account shall be paid as determined by the Director to the persons or entities who paid
for the construction and installation of the Boulevards, in proportion to that portion of the Boulevards
installed and construction by such person or entity based upon linear feet. For example, the length
of the Boulevards is approximately 8,784 linear feet, if a person or entity pays for the construction
and installation of 4,392 linear feet of the Boulevards, upon final construction and installation of
the Boulevards, such person or entity would be entitled to be paid an amount equal to one -half of
funds in the Escrow Account. Notwithstanding the foregoing, if the Boulevards are not constructed
and installed when needed as determined by the Director, City may withdraw from the funds in the
Escrow Account an amount necessary for the construction and completion of the Boulevards or any
portion thereof. In which event, the persons or entities who paid for any construction and installation
of the Boulevards shall be entitled to a pro -rata share of the balance of the funds in the Escrow Account,
if any, after the withdrawal of funds by the City.
(b) If a dispute develops between the Director and Company regarding the withdrawal
of the funds in the Escrow Account by the City, Company shall submit to the Director and the City
Manager a written notice specifying the existence and nature of the dispute. If the Director and Company
are unable to resolve the dispute within thirty (3 0) days after Company's notice to the City, the City
and Company shall submit the dispute to a mutually acceptable qualified traffic engineer for resolution
by non - binding arbitration. All costs of such arbitration including the arbitrator's expenses and fees
shall be shared equally by the City and Company provided the City and Company shall pay their
own costs and expenses including attorney fees and expert witness fees associated with such arbitration.
The decision of the non - binding arbitration shall be made within 60 days. If Company or the City
refuse to accept the determination by non - binding arbitration, then the City Planning and Zoning
Commission, after full consideration of the determination by non - binding arbitration and such other
matters as it shall deem relevant, shall make a final determination.
4. Developer's Obligation The obligation to install and construct the Boulevards and
other public improvements, including without limitation, paving, curb and gutter, storm sewer and
drainage facilities, sanitary sewers, water mains, street lighting, sidewalks and survey monuments
is the obligation of the developer of the Master Plan Area and not the obligation of the City.
5. Improvements Company and City acknowledge and agree that the Boulevards and
other improvements within the Master Plan Area associated with the Subdivisions and future subdivisions
and/or special area plans will be required as the Master Plan Area is developed in phases. The Boulevards
and other improvements will be installed and constructed as the Master Plan Area is developed.
6. Modifications If changes in the approved Master Plan required modifications to the
Boulevards, Company and City shall negotiate in good faith regarding the modifications of the terms
and provisions of this Contract and adjustments in the amount of the deposit required by Paragraphs
-3-
Book: 2773 Page: 411 Chris C. Munoz
Page: 4 of 6 Pueblo Co.C1k.&Rec.
C.1. and C.2. hereof.
7. Termination of Escrow If Company for whatever reasons ceases to be the developer
of the Master Plan Area, Company's right, title and interest in and to the Escrow Account shall
automatically terminate, except to the extent Company is entitled to payment under Paragraph C.3.(a)
hereof.
8. Releas e . The City shall release the lots from the provisions of this Contract upon payment
and deposit of the required amount for each residential lot. The Director of Public Works is authorized
to execute and issue such releases in the name of the City. The release shall be in the form acceptable
for recordation, including but not limited to the legal description of the specific property to be released.
D. MISCELLANEOUS PROVISIONS
1. Invalidity. If any provision of this Contract is determined to be invalid or unenforceable,
such determination shall not affect the validity of any other provision hereof.
2. Entire Understanding This Contract incorporates and includes all understandings
and agreements between the parties with respect to the subject matter hereof and shall be governed
by and construed in accordance with the laws of the State of Colorado.
3. Litigation In the event of litigation arising out of this Contract, the Court shall award
to the prevailing party all reasonable costs and expenses including attorney fees.
4. Delay No delay or omission by the City to exercise any right or remedy shall impair
any such right or remedy or constitute a waiver thereof.
5. Binding_ Effect The covenants and agreements set forth herein shall be construed
to be covenants running with the land in the Master Plan Area and shall be binding upon and inure
to the benefit of the parties hereto and their respective successors and assigns, except that this Contract
shall not be construed to impose upon The Colorado State Board of Agriculture the obligation to
assume the financial obligations of the developer or Company hereunder unless The Colorado State
Board of Agriculture declares its intention to do so by resolution or otherwise becomes the developer
of J TuVPin the Master Plan Area.
co r
eatu blo, Colorado and day and year first above written.
PUEBLO, a municipal corporation
By
�/`--
rk re d of the City d6uncil
S!
r
Book: 2773 Page: 412 Chris C. Munoz
Page: 5 of 6 Pueblo Co.Clk. &Rec.
[SEAL]
ATTEST: r
Secret
WALKING STICK U.S. LIMITED
PARTNERSHIP, A COLORADO LIMITED
PARTNERSHIP
By a
Dona S. G man, President of
Holystone Development Corporation,
a Colorado Corporation, the sole
general partner of Walking Stick U.S.
Limited Partnership
APPROVAL BY STATE BOARD OF AGRICULTURE
The State Board of Agriculture ( "SBA ") hereby approves, accepts and agrees to the terms
and provisions of this Contract, and also agrees that the covenants of this Contract are covenants running
with and binding upon the land in the Master Plan Area and SBA, its successors and assigns except
as limited by paragraph D(5) of this Contract.
THE COLORADO STATE BOARD OF
AGRICULTURE, a university governing board
acting by and through its duly appointed
attorney -in -fact, the University of Southern
Colorado, an institution of higher education
r —
ATTEST: ,� By
Execut ve Director
Planning and Development
J: \CITY\ANNEXAT\WALKSTIK \CONTRACT WPD
-5-
Dr. Robert C. Shirley, President
as attorney -in -fact for the Colorado 8tate
Board of Agriculture, a university governing
board
RetlOMnW 2i
63 Ape
RMM6ntlm1 2.1
123 Ape
i r VS �i�d
Book: 2773 Page: 413 Chris C. Munoz
Page: 6 of 6 Pueblo Co.Clk. &Rec.
R J R661MMW 2-6
12.6 Am$ 26.6 Acr66
R6oMe1W 2-4
16.7 Ape
a M
Rer66nU61 2-4
16.3 Ape FAWN11 Y 4-12
M Ape
3 0 0
M i, 1 0
R 1 1 2.1
17.0 AGM
Ot a /ca drarcim
6.6 Ape
R6
1a "20
EXHIBIT "A"
TUCK YOUNG, P.C.
201 West 8th Street, Suite 420
TUCK YOUNG Pueblo, Colorado 81003 Telephone: (719) 544 -8080
Attorney at Law Facsimile: (719) 546 -2116
December 21, 1994
Marian D. Mead
City Clerk
City of Pueblo
1 City Hall Place
Pueblo, CO 81003
HAND DELIVERED
Re: Walking Stick Estates Filing No. 2
Dear Ms. Mead:
Pursuant to our phone conversations of December 20, 1994, enclosed is the original Contract
between the City and Walking Stick U.S. Limited Partnership dated November 28, 1994 and
recorded on December 12, 1994 in Book 2773 at Page 408, Reception No. 1065023 of the
records of the Clerk and Recorder for the County of Pueblo, Colorado.
Based upon your request of December 20, 1994, enclosed also for your review and records are
copies of the following Easements:
1. Easement and Right of Way by City of Pueblo for Walking Stick U.S. Limited
Partnership, a 10 -foot easement and right of way for the purpose of installation and
maintenance of a fence dated December 9, 1994 and recorded on December 12, 1994 in Book
2773 at Pages 414 -416, Reception No. 1065024;
2. Easement and Right of Way by Colorado State Board of Agriculture for the City of
Pueblo, Colorado for storm drainage dated December 9, 1994 and recorded on December 12,
1994 in Book 2773 at Pages 417 -420, Reception No. 1065025;
3. Easement and Right of Way by Colorado State Board of Agriculture for the City of
Pueblo, Colorado for a sanitary sewer and maintenance road dated December 9, 1994 and
recorded on December 12, 1994 in Book 2773 at Pages 421 -425, Reception No. 1065026.
Prior to the signing and recording of the above Easements, drafts of the Easements were
delivered to Thomas E. Jagger for review and acceptance. To our knowledge, these Easements
were accepted by the City. However, based upon our phone conversations of December 20,
1994, apparently a Resolution approving the Easements and Rights of Way may not have been
passed by City Council on November 28, 1994. For example, for Filing No. 1, Resolution
Number 7373 was adopted approving similar types of Easements. Specifically, the 10 -foot
Easement and Right of Way for the fence is a continuation of the same Easement referenced
in Resolution Number 7373, Section 1(c).
Marian D. Mead
December 21, 1994
Page 2
If you have any questions or comments, please call or write this office within ten (10) days of
the date of this letter.
Thank you for your time and consideration.
Respectfully,
l
Tuck Yo g
TY /alp
Enclosure
cc: Thomas E. Jagger, Esq. (w /encl)
cc: Walking Stick U.S. Limited Partnership (w /o encl)