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HomeMy WebLinkAbout06070Reception 1124834 06/06/1996 ORDINANCE NO. 6070 AN ORDINANCE APPROVING THE PLAT OF ELEVENTH FAIRWAY SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The final plat of Eleventh Fairway Subdivision, being a subdivision of land legally described as follows: A parcel of land being a portion of Country Club Village Subdivision, according to the recorded plat thereof filed for record February 11, 1981 in Book 2062 at Page 150 in the records of the Pueblo County Clerk and Recorder, being more particularly described as follows; BEGINNING at the most southeasterly corner of said Country Club Village Subdivision thence S 89 -34 -35 W (bearing based on the South line of Country- Club Village Subdivision monumented at the southwesterly corner with a No. 4 rebar with plastic cap PLS No. 6128 and at the most southeasterly corner with an axle, assumed to bear S 89 -34 -35 W) along the south line of said Country Club Village Subdivision, a distance of 373.35 feet to the southwesterly corner of said Country Club Village Subdivision; thence N 01 -19 -13 W along the westerly line of said subdivision, a distance of 577.24 feet to the southeasterly corner of Country Club Village Subdivision 2nd Filing according to the recorded plat thereof filed for record October 31, 1986 in Book 2314 at Page 242 in the records of the Pueblo County Clerk and Recorder; thence N 52 -38 -20 E along the southeasterly line of said Country Club Village Subdivision 2nd Filing, a distance of 51.14 feet to a point on the easterly line of said Country Club Village Subdivision; thence S 37 -21 -40 E along the easterly line of said Country Club Village Subdivision, a distance of 565.11 feet; thence S 01 -07 -36 E along the east line of said subdivision, a distance of 156.23 feet to the POINT OF BEGINNING; City of Pueblo, County of Pueblo, State of Colorado; Said parcel contains 3.48 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, rights -of -way, utility and drainage easements, public sites, parks and open spaces have been S Book: 2898 Page: 222 Chris C. Munoz Page: 2 of 2 Pueblo Co.Clk. &Rec. 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. INTRODUCED February 26 , 1996 -r BY Charles Jones Councilperson "• APPROVED ,c i sL Pr ident of City Council A City C1 6k Reception 1124836 06/06/1996 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this °� 3 day of 199, by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City ", and Pueblo Country Club hereinafter referred to as "Subdivider". ' WITNESSETH: 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 Eleventh Fairway Subdivision, wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the 1971 Code of Ordinances; and WHEREAS, Subdivider is required 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 subdivision, or upon the issuance of a certificate of occupancy for any such building 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 the costs of extending curb, gutter, sidewalk and paving from the edge of the subdivision 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 uncornpieteu 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 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. Book: 2898 Page: 225 Chris C. Munoz Page: 2 of 5 Pueblo Co.C1k.&Rec. S. 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 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 certfies 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 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 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 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 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 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 enforcement of this Agreemem 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 of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as hereinabove set forth. -2- Book: 2898 Page: 226 Chris C. Munoz Page: 3 of 5 Pueblo Co.C1k.&Rec. IN WITNESS WHEREOF, the parties hereto have causea tnls Agreement to be executed and attested by its duly authorized and acting officers and the seal of the Subdivider set hereon. Pueblo Country Club Subdivider By Judy A. 30da, President ss. r BY F - Rayi9nd Mattarocci, Secretary /Treasurer ument was acknowledged be rr P reiside�dday nt Raymond ,\199 6 , by Mattarocci as Secretary of Pueblo , Subdivider. Country Club My commission expires 2/5/97 Notary PpbliC Cheryl A. Shirley 4S E'/4�4), %. Address 1721 Highway 50 West Pueblo, CO 81UO8 aAV X , / /�•�llllfl Hi1f1,, s ee c a, 4C' CITY OF PUEBLO, a Municipal Corporation B y President he Council CZ 1:L a R A' City Clerk STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 29th day of May , 199 ..., by Fay B. Kastel ; c- , as President of City Council, and Gina Dutcher as City Clerk of the City of Pueblo, Colorado. m mission expires: v - ) ` a �1'I'I�J i, Public Z c6t ' rY u G. S (�- f�ter -fr.) 's dress: �6od (ltidd(erJee�c A eF �. APPROVED AS TO FORM: ;;/5 1 �- Cit Att rney -3- Book: 2898 Page: 227 Chris C. Munoz Page: 4 of 5 Pueblo Co.C1k.&Rec. EXHIBIT "A" Eleventh Fairway Subdivision Description A parcel of land being a portion of Country Club Village Subdivision, according to the recorded plat thereof filed for record February 11, 1981 in Book 2062 at Page 150 in the records of the Pueblo County Clerk and Recorder, being more particularly described as follows: BEGINNING at the most southeasterly corner of said Country Club Village Subdivision thence S 89 °34'35 "W ( bearings based on the south line of Country Club Village Subdivision monumented at the southwesterly corner with a No. 4 rebar with plastic cap PLS No. 6128 and at the most southeasterly corner with an axle, assumed to bear S 89 °34'35 "W ) along the south line of said Country Club Village Subdivision, a distance of 373.35 feet to the southwesterly corner of said Country Club Village Subdivision; thence N 01 ° 19'13 "W along the westerly line of said subdivision, a distance of 577.24 feet to the southeasterly corner of Country Club Village Subdivision 2nd Filing, according to the recorded plat thereof filed for record October 31, 1986 in Book 2314 at Page 242 in the records of the Pueblo County Clerk and Recorder; thence N 52 °38'20 "E along the southeasterly line of said Country Club Village Subdivision 2nd Filing, a distance of 51.14 feet to a point on the easterly line of said Country Club Village Subdivision; thence S 37 °21'40 "E along the easterly line of said Country Club Village Subdivision, a distance of 565.11 feet; thence S 01 °07'36 "E along the east line of said subdivision, a distance of 156.23 feet to the POINT OF BEGINNING; City of Pueblo, County of Pueblo, State of Colorado; Said parcel contains 3.48 acres. Book: 2898 Page: 228 Chris C. Munoz Page: 5 of 5 Pueblo Co.C1k.&Rec. Subdivision Improvement Agreement Exhibit "B" Triple B Partners Eleventh Fairway Subdivision Mangini & Associates, Inc. Job Number 95 -312 Subdivision Improvements Item Number Item Total Quantity Unit Unit Cost Total Cost 1 Excavation 650 CY $3.00 $1,950 2 Paving 4230 SY $11.00 $46,530 3 Sanitary Sewer - 8" 1300 LIN FOOT $22.00 $28,600 4 Sanitary Sewer Manhole 7 EACH $1,400.00 $9,800 5 CDOT Type D Inlet 1 EACH $1,950.00 $1,950 6 8" Water Line 650 LIN FOOT $28.00 $18,200 7 Water Valve 2 EACH $300.00 $600 8 Fire Hydrant 1 EACH $1,800.00 $1,800 9 SS Service Lines 60' ROW 6 EACH $575.00 $3,450 10 H2O Service Lines 60' ROW 6 EACH $480.00 $2,880 11 Monument Box 2 EACH $450.00 $900 12 Concrete C & G 24.5 LIN FOOT $7.80 $191 13 Remove C & G 8.54 LIN FOOT $3.00 $26 SUB -TOTAL $116,877 Miscellaneous Contingencies @ 15% $17,532 GRAND TOTAL $134,408 Prepared By: Stephen Dear Checked By: Charles DiDomemco Date: 05/20/96 Date: 05/20/96 Firm: Mangini & Associates, Inc. Reviewed By: Date: S 1Y' 4 4' City of Pueblo fi1e:gpM95312xb.wb1 Reception 1124837 06/06/1996 DECLARATION OF COVENANTS CONCERNING PRIVATE SANITARY SEWER AND PRIVATE ACCESS ROAD EASEMENTS FOR ELEVENTH FAIRWAY SUBDIVISION This Declaration of Restrictive Covenants (Declaration) is made on March 25, 1996, by Pueblo Country Club, Incorporated, as owner and Developer (Declarant). RECITALS This Declaration is made concerning the following: A. Declarant owns the real property contained in Eleventh Fairway Subdivision, A Special Area Plan, located in the City of Pueblo, County of Pueblo, State of Colorado, and described as a parcel of land being a portion of Country Club Village Subdivision, according to the recorded plat thereof filed for record February 11, 1981 in Book 2062 at Page 150 in the records of the Pueblo County Clerk and Recorder, being more particularly described as follows: BEGINNING at the most southeasterly corner of said Country Club Village Subdivision; thence S 89 °3435 "W ( bearings based on the south line of Country Club Village Subdivision, monumented at the southwesterly comer with a No. 4 rebar with plastic cap P.L.S. No. 6128 and the most southeasterly comer with an axle assumed to bear S 89 °34'35" W) along the south line of said Country Club Village Subdivision, a distance of 373.35 feet to the southwesterly corner of said Country Club Village Subdivision; thence N 01'19'13" W along the westerly line of said subdivision, a distance of 577.24 feet to the southeasterly comer of Country Club Village Subdivision 2nd Filing according to the recorded plat thereof filed for record October 31, 1986 in Book 2314 at Page 242 in the records of the Pueblo County Clerk and Recorder; thence N 52 °38'20" E along the southeasterly line of said Country Club Village Subdivision 2nd Filing, a distance of 51.14 feet to a point on the easterly line of said Country Club Village Subdivision; thence S 37 °21'40 "E along the easterly line of said Country Club Village Subdivision, a distance of 565.11 feet; thence S 01 °07'36" E along the east line of said subdivision, a distance of 156.23 feet to the POINT OF BEGINNING; City of Pueblo, County of Pueblo, State of Colorado; (the Property). B. Declarant desires to provide for the proper development of the property and to insure for the installation, maintenance and repair of the private sanitary sewer, storm sewer and private ingress and egress easements as shown on the plat for the Subdivision. I l th Fairway Subdivision 1 Declaration of Covenants Book: 2898 Page: 230 Chris C. Munoz Page: 2 of 7 Pueblo Co.Clk. &Rec. Now therefore, Declarant declares that the Property is and shall be held, transferred, sold, conveyed, occupied and used subject to the following covenants, conditions and restrictions. Purposes of Covenants and Restrictions: A. To insure proper development of the Subdivision. B. To provide reasonable methods to maintain and repair all platted and granted easements on -site and off -site of the Property to benefit the Subdivision. 2. Restrictions: The Property contains easements as shown on the Subdivision Plat. Such easements and granted easements are described in attached Exhibits "A "B" and "C ". A. All of the easements comprise a plan to benefit all lots in the Subdivision. B. Each lot owner shall maintain and repair all improvements, service lines and facilities installed in the easement on or adjacent to each lot owner's respective lot, however, the owners of all lots shall be jointly and severally responsible for the maintenance and repair of all improvements and facilities installed on the easements described in attached Exhibits "A ", `B" and "C ". C. No Building or structure of any kind shall be placed in any easement on the Property. 3. General provisions: A. Terms: These covenants shall run with the land and shall be binding on all parties and all persons claiming under them. B. Enforcement: Enforcement shall be by proceeding at law or equity against any person or entity violating, attempting to violate, or not complying with any of these covenants. The enforcing party may seek and obtain recovery of damages, injunctive relief, or both and attorneys' fees. C. Severability: Invalidation of any one of these covenants by judgment or court order shall not affect the other provision which shall remain in effect. 11th Fairway Subdivision 2 Declaration of Covenants Book: 2898 Page: 231 Chris C. Munoz Page: 3 of 7 Pueblo Co.Clk. &Rec. D. Notice: Any notice needed to be given to any owner under the provisions of these covenants shall be sent to the last known address of the record owner of the lot in which the owner has an interest as shown by the records of the Pueblo County, Colorado Clerk and Recorder at the time of such mailing. E. Standing: All lot owners in Eleventh Fairway Subdivision and all persons who own or have the right to possess or control property that abuts any lot in or easement that benefits Eleventh Fairway Subdivision, shall have the right to enforce these covenants in any court of competent jurisdiction. In witness whereof the following have set their hand: THE PUEBLO COUNTRY CLUB, INC. 5 -XI - 9G JUb A O A, DATE: PRESID A �22 10 / �t OND MATTAROCCI, DAT . SECRETARY TREASURER STATE OF COLORADO) S.S. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of "— , 1996 A.D. by The Pueblo County Club, Inc., Judy A. Fonda, President and Ra and Mattarocci, Secretary Treasurer. ER �.. My Commission Expires: w , LIC . -J O e Q Z -S T P0 lthTairway Subdivision 3 Declaration of Covenants ..4 Book: 2898 Page: 232 Chris C. Munoz Page: 4 of 7 Pueblo Co.Clk. &Rec. EXHIBIT "A" PRIVATE SANITARY SEWER EASEMENT ELEVENTH FAIRWAY SUBDIVISION An easement located within the City of Pueblo, County of Pueblo, State of Colorado to wit: An easement for the purpose of a private sanitary sewer through a portion of the E 1 /2 of the SE 1 /4 of Section 14, Township 20 South, Range 65 West of the Sixth Principal Meridian; An easement being twenty ( 20' ) feet in width, ten ( 10' ) feet on each side of the following described centerline; BEGINNING at a point from which the southwest corner of Eleventh Fairway Subdivision, according to the recorded plat thereof filed for record 6 - i - 4 (- , 1996 in Book a,l?RB at Page .113 in the records of the Pueblo County Clerk and Recorder bears S 23 °14'30 "W, ( bearings based on the south line of Country Club Village Subdivision monumented at the southwesterly corner with a No. 4 rebar with plastic cap P.L.S. No. 6128 and at the most southeasterly corner with an axle assumed to bear S 89 °34'35 "W ) a distance of 415.31; thence S 00 a distance of 136.69 feet; thence S 71 a distance of 181.74 feet; thence S 17'01'36'T-, a distance of 216.18 feet; thence S 06 a distance of 600.99 feet; thence S 59 a distance of 133.03 feet; thence S 0 l °15'39 "E, a distance of 9.02 feet more or less to the POINT OF TERMINUS on the north line of Block 22, Grand View Place, according to the recorded plat thereof, filed for record December 5, 1889 in Book 5 at Page 15 in the records of the Pueblo County Clerk and Recorder; 11th Fairway Subdivision 4 Declaration of Covenants Book: 2898 Page: 233 Chris C. Munoz Page: 5 of 7 Pueblo Co.Clk. &Rec. EXHIBIT "B" INGRESS - EGRESS AND UTILITY EASEMENT An easement located within the City of Pueblo, County of Pueblo, State of Colorado, to -wit; An easement for the purpose of ingress and egress and utilities located within a portion of W' /z of the SW' /4 of Section 13, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows; BEGINNING at a point on the easterly line of 1 lth Fairway Subdivision, according to the recorded plat thereof, from which the southeast comer of said subdivision bears S 01 °03'39 "E, a distance of 39.86 feet; thence along the westerly and southerly line of said easement the following seven ( 7 ) courses; 1). S 17 0 4538 "E a distance of 57.83 feet; 2). along the arc of a curve to the right having a central angle of 14 °26'06" and a radius of 54.00 feet a distance of 13.60 feet; 3). S 03 °19'32 "E a distance of 211.21 feet; 4). along the arc of a curve to the left having a central angle of 03 0 38'34" and a radius of 76.00 feet a distance of 4.83 feet; 5). S 06 °58'06 "E a distance of 342.38 feet; 6). along the arc of a curve to the left having a central angle of 46 °31'46" and a radius of 76.00 feet a distance of 61.72 feet; 7). S 53 °29'51 "E a distance of 99.60 feet to a point on the north line of Block 22, Grand View Place, according to the recorded plat thereof, filed for record December 5, 1889 in Book 5 at Page 15 in the records of the Pueblo County Clerk and Recorder; thence easterly along the said northerly line of Block 22 and the said northerly right of way line of Eight Avenue a distance of 219.40 feet more or less; thence along the northerly and easterly line of said easement the following ten ( 10 ) courses; 1). N 00° 18'09 "W a distance of 28.48 feet; 2). S 88 °44'21 "W a distance of 20 1. 00 feet; 3). along the arc of a curve to the right having a central angle of 37 1 45'48" and a radius of 54.00 feet a distance of 35.59 feet; 4). N 53 °29'51 "W a distance of 65.02 feet; 5). along the arc of a curve to the right having a central angle of 46 °31'46" and a radius of 54.00 feet a distance of 43.85 feet; 6). N 06 1 58'06" W a distance of 342.38 feet; 7). along the arc of a curve to the right having a central angle of 03 °38'34" and a radius of 54.00 feet a distance of 3.43 feet; 11th Fairway Subdivision 5 Declaration of Covenants Book: 2898 Page: 234 Chris C. Munoz Page: 6 of 7 Pueblo Co.Clk. &Rec. 8). N 03 °19'32 "W a distance of 211.21 feet; 9). along the arc of a curve to the left having a central angle of 14 0 26'06" and a radius of 76.00 feet a distance of 19.15 feet; 10.) N 17 0 45'38 "W a distance of 131.47 feet to a point on the said easterly line of 11th Fairway Subdivision; thence S 01 °03'39" E along said easterly line a distance of 76.85 feet to the POINT OF BEGINNING. TOGETHER WITH: An easement located within the City of Pueblo, County of Pueblo, State of Colorado, to -wit; An easement for the purpose of ingress and egress and public utilities located within a portion of the El /z of the SE' /4 of Section 14, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows; BEGINNING at a point on the northeasterly line of 11th Fairway Subdivision, according to the recorded plat thereof, from which the southeast comer of said subdivision bears S 07 °19'41 "E a distance of 184.51 feet; thence N 37 °22'02 "W along said northeasterly line a distance of 260.80 feet; thence along the arc of a non - tangent curve to the right whose center bears S 07 °16'59 "W and having a central angle of 45 °20'09" and a radius of 37.00 feet a distance of 29.28 feet; thence S 37 °22'52 "E a distance of 184.21 feet; thence along the arc of a curve to the right having a central angle of 19 °37' 14" and a radius of 111.00 feet a distance of 38.01 feet; thence S 17 °45'38 "E a distance of 13.81 feet to the POINT OF BEGINNING. AND: A Public Utility and Emergency Ingress - Egress easement located within a portion of the E' /Z of the SE' /4 of Section 14, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows; BEGINNING at the most northerly corner of Eleventh Fairway Subdivision, according to the recorded plat thereof, thence N 52 0 37'58" E, a distance of 19.00 feet; thence S 37 °22'02" E, parallel to the northeasterly line of said subdivision a distance of 505.32 feet to a point on the west line of a water line easement described in that deed filed for record July 12, 1957 in Book 1332 at Page 83 in the records of the Pueblo County Clerk and Recorder; thence S 01 °03'39" E, along said west line, a distance 32.29 feet to a point on the said northeasterly line of Eleventh Fairway Subdivision; thence N 37 °22'02 "W, along said northeasterly line, a distance of 531.27 feet to the POINT OF BEGINNING; 11th Fairway Subdivision 6 Declaration of Covenants Book: 2898 Page: 235 Chris C. Munoz Page: 7 of 7 Pueblo Co.C1k.&Rec. EXHIBIT "C" UTILITY SERVICE LINE AND DRAINAGE EASEMENT IIth FAIRWAY SUBDIVISION Parcels A, B and C, Eleventh Fairway Subdivision, according to the recorded plat thereof, filed for record 6 — ` — 9 j � , 1996 in Book ,2 i(V at Page 2 23 in the records of the Pueblo County Clerk and Recorder. 11th Fairway Subdivision 7 Declaration of Covenants Reception 1124838 06/06/1996 GRANT OF EASEMENT The PUEBLO COUNTRY CLUB hereby grants the following described easements to the owners of Lots 1 thru 6, Eleventh Fairway Subdivision: See attached legal descriptions, Exhibits A, B and C. The easements 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. Dated: V v \ �,,- E , 1996 Attest: PUEBLO COUNTRY CLUB Ray d Mattarocci Jud A. F d President Secretary/Treasurer STATE OF COLORADO) )ss. COUNTY OF PUEBLO ) The foregoing document was acknowledged before me by Judy A. Fonda, President and Raymond Mattarocci, Secretay/.Treasurer of the Pueblo County Club this .2 3 day of May, 1996. My Commission expires 2 S/— C 'it'••r .........., . � r t 0 O F y; ;' ll Notary Public 11th Fairway Subdivision 1 Declaration of Covenants Book: 2898 Page: 237 Chris C. Munoz Page: 2 of 5 Pueblo Co.C1k.&Rec. EXHIBIT "A" PRIVATE SANITARY SEWER EASEMENT ELEVENTH FAIRWAY SUBDIVISION An easement located within the City of Pueblo, County of Pueblo, State of Colorado to wit: An easement for the purpose of a private sanitary sewer through a portion of the E % of the SE 1 /4 of Section 14, Township 20 South, Range 65 West of the Sixth Principal Meridian; An easement being twenty ( 20' ) feet in width, ten ( 10' ) feet on each side of the following described centerline; BEGINNING at a point from which the southwest corner of Eleventh Fairway Subdivision, according to the recorded plat thereof filed for record � -- 6 — 9 �- 1996 in Book. ,5 r9 kat Pagea in the records of the Pueblo County Clerk and Recorder bears S 23 °14'30 "W, ( bearings based on the south line of Country Club Village Subdivision monumented at the southwesterly corner with a No. 4 rebar with plastic cap P.L.S. No. 6128 and at the most southeasterly corner with an axle assumed to bear S 89 °34'35 "W ) a distance of 415.31; thence S 00'24'14"W, a distance of 136.69 feet; thence S 71 °57'14 "E, a distance of 181.74 feet; thence S 17 °01'36 "E, a distance of 216.18 feet; thence S 06°26'21 "E, a distance of 600.99 feet; thence S 59 °31'54 "E, a distance of 133.03 feet; thence S O1 °15'39 "E, a distance of 9.02 feet more or less to the POINT OF TERMINUS on the north line of Block 22, Grand View Place, according to the recorded plat thereof, filed for record December 5, 1889 in Book 5 at Page 15 in the records of the Pueblo County Clerk and Recorder; 11th Fairway Subdivision 2 Declaration of Covenants Book: 2898 Page: 238 Chris C. Munoz Page: 3 of 5 Pueblo Co.C1k.&Rec. EXHIBIT "B" INGRESS - EGRESS AND UTILITY EASEMENT An easement located within the City of Pueblo, County of Pueblo, State of Colorado, to -wit; An easement for the purpose of ingress and egress and utilities located within a portion of W' /z of the SW' /4 of Section 13, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows; BEGINNING at a point on the easterly line of 11th Fairway Subdivision, according to the recorded plat thereof, from which the southeast corner of said subdivision bears S 01 °03'39 "E, a distance of 39.86 feet; thence along the westerly and southerly line of said easement the following seven ( 7 ) courses; 1). S 17 °45'38 "E a distance of 57.83 feet; 2). along the arc of a curve to the right having a central angle of 14 °26'06" and a radius of 54.00 feet a distance of 13.60 feet; 3). S 03 °19'32 "E a distance of 211.21 feet; 4). along the arc of a curve to the left having a central angle of 03 °38'34" and a radius of 76.00 feet a distance of 4.83 feet; 5). S 06 °58'06 "E a distance of 342.38 feet; 6). along the arc of a curve to the left having a central angle of 46 °31'46" and a radius of 76.00 feet a distance of 61.72 feet; 7). S 53 °29'51 "E a distance of 99.60 feet to a point on the north line of Block 22, Grand View Place, according to the recorded plat thereof, filed for record December 5, 1889 in Book 5 at Page 15 in the records of the Pueblo County Clerk and Recorder; thence easterly along the said northerly line of Block 22 and the said northerly right of way line of Eight Avenue a distance of 219.40 feet more or less; thence along the northerly and easterly line of said easement the following ten ( 10 ) courses; 1). N 00° 18' 09 "W a distance of 28.48 feet; 2). S 88 °44'21 "W a distance of 201.00 feet; 3). along the arc of a curve to the right having a central angle of 37 °45'48" and a radius of 54.00 feet a distance of 35.59 feet; 4). N 53 °29'51 "W a distance of 65.02 feet; 5). along the arc of a curve to the right having a central angle of 46 °31'46" and a radius of 54.00 feet a distance of 43.85 feet; 6). N 06 °58'06" W a distance of 342.38 feet; 7). along the arc of a curve to the right having a central angle of 03 °38'34" and a radius of 54.00 feet a distance of 3.43 feet; 11th Fairway Subdivision 3 Declaration of Covenants Book: 2898 Page: 239 Chris C. Munoz Page: 4 of 5 Pueblo Co.Clk. &Rec. 8). N 03 °19'32 "W a distance of 211.21 feet; 9). along the arc of a curve to the left having a central angle of 14 °26'06" and a radius of 76.00 feet a distance of 19.15 feet; 10.) N 17 °45'38 "W a distance of 131.47 feet to a point on the said easterly line of 11th Fairway Subdivision; thence S O1 °03'39" E along said easterly line a distance of 76.85 feet to the POINT OF BEGINNING. TOGETHER WITH: An easement located within the City of Pueblo, County of Pueblo, State of Colorado, to -wit; An easement for the purpose of ingress and egress and public utilities located within a portion of the E' /z of the SE' /4 of Section 14, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows; BEGINNING at a point on the northeasterly line of 11th Fairway Subdivision, according to the recorded plat thereof, from which the southeast corner of said subdivision bears S 07 °19'41 "E a distance of 184.51 feet; thence N 37 °22'02 "W along said northeasterly line a distance of 260.80 feet; thence along the arc of a non - tangent curve to the right whose center bears S 07 °16'59 "W and having a central angle of 45 °20'09" and a radius of 37.00 feet a distance of 29.28 feet; thence S 37 °22'52 "E a distance of 184.21 feet; thence along the arc of a curve to the right having a central angle of 19 °37' 14" and a radius of 111.00 feet a distance of 38.01 feet; thence S 17 °45'38 "E a distance of 13.81 feet to the POINT OF BEGINNING. F4 1� A Public Utility and Emergency Ingress- Egress easement located within a portion of the E '/2 of the SE '/4 of Section 14, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows; BEGINNING at the most northerly corner of Eleventh Fairway Subdivision, according to the recorded plat thereof; thence N 52 °37'58" E, a distance of 19.00 feet; thence S 37 °22'02" E, parallel to the northeasterly line of said subdivision a distance of 505.32 feet to a point on the west line of a water line easement described in that deed filed for record July 12, 1957 in Book 1332 at Page 83 in the records of the Pueblo County Clerk and Recorder; thence S O1 °03'39" E, along said west line, a distance 32.29 feet to a point on the said northeasterly line of Eleventh Fairway Subdivision; thence N 37°22'02 "W, along said northeasterly line, a distance of 531.27 feet to the POINT OF BEGINNING; 11th Fairway Subdivision 4 Declaration of Covenants Book: 2898 Page: 240 Chris C. Munoz Page: 5 of 5 Pueblo Co.Clk. &Rec. EXHIBIT "C" UTILITY SERVICE LINE AND DRAINAGE EASEMENT 11th FAIRWAY SUBDIVISION Parcels A, B and C, Eleventh Fairway Subdivision, according to the recorded plat thereof, filed for record G - 4 — f 1. , 1996 in Boob ' at Page -�.Z3 in the records of the Pueblo County Clerk and Recorder. 11th Fairway Subdivision 5 Declaration of Covenants