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HomeMy WebLinkAbout06077Reception 1137235 08/28/1996 ORDINANCE NO. 6077 AN ORDINANCE APPROVING THE PLAT OF NORTH PUEBLO COMMERCIAL PARK FILING NO. 3 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The final plat of Noth Pueblo Commercial Park Filing No. 3 Subdivision, being a subdivision of land legally described as follows: A parcel of land located within a portion of the NE 1/4 of Section 13, Township 20 South, Range 65 West of the Sixth Principal Meridian, located within the City of Pueblo, County of Pueblo, State of Colorado to wit: Commencing at the Northeast corner of said North- east quarter of Section 13, thence South 88 degrees 17 minutes 04 seconds West, along the North line of said Section 13, a distance of 678.03 feet to the Northeast corner of the Northwest quarter of North- east quarter of the Northeast quarter of said Section 13 and the True Point of Beginning; thence South 00 degrees 43 minutes 46 seconds East, a distance of 1309.07 feet to a 1" O.D. iron pipe; thence North 88 degrees 51 minutes 30 seconds East, a distance of 48.47 feet to a 1" O.D. iron pipe; thence South 13 degrees 04 minutes 54 seconds West, a distance of 677.62 feet to a number 4 rebar with a yellow plastic cap marked LS 16128; thence South 88 degrees 17 minutes 04 seconds West, a distance of 564.12 feet to metal disk set in a 6" concrete cylinder; thence South 01 degrees 21 minutes 24 seconds East, a distance of 356.78 feet to a number 4 rebar with a yellow plastic cap marked LS 16128 marking the Northeast corner of U -Haul Subdivision Filing No. 1; thence South 88 degrees 22 minutes 43 seconds West, along the North line of said subdivision, a distance of 253.91 feet to a point on the easterly right -of- way line of Interstate Highway 25 as witnessed by an aluminum cap bearing south 10 degrees 25 minutes 49 seconds East, a distance of 2.00 feet -1- Book: 2924 Page: 617 Chris C. Munoz Page: 2 of 3 Pueblo Co.Clk. &Rec. from said point; thence running Northernly along said Easterly right -of -way line the next three (3) courses: 1) North 10 degrees 25 minutes 49 seconds West, a distance of 1023.76 feet to a cross chiseled in concrete; 2) North 10 degrees 22 minutes 03 seconds West, a distance of 332.62 feet to a number 4 rebar with a yellow plastic cap marked LS 16128; 3) North 04 degrees 25 minutes 43 seconds West, a distance of 695.93 feet to the Southwesterly corner of North Pueblo Commercial Park Filing No. 1; thence running along the Southerly line of said subdivision the next three (3) courses: 1) along the arc of a non - tangent curve to the right, through a central angle of 70 degrees 31 minutes 09 seconds, an arc distance of 443.08 feet, a radius of 360.00 feet and a chord bearing of North 53 degrees 01 minutes 30 seconds East, with a distance of 415.64 feet; 2) North 88 degrees 17 minutes 04 seconds East, a distance of 100.00 feet; 3) along the arc of a curve to the left through a central angle of 26 degrees 08 minutes 21 seconds, an arc distance of 200.73 feet, a radius of 440.00 feet and a chord bearing of North 75 degrees 12 minutes 54 seconds East, with a distance of 199.00 feet to the North line said Section 13; thence continuing along the Southerly line of said North Pueblo Commercial Park Filing No. 1 and along the North line of said Section 13, North 88 degrees 17 minutes 04 seconds East, a distance of 572.24 feet to the Point of Beginning, containing 2,248,845 square feet or 51.63 acres, more or less, is hereby approved; all dedicated streets, utility and drainage easements, rights -of -way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. 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 50Z Book: 2924 Page: 618 Chris C. Munoz Page: 3 of 3 Pueblo Co.Clk. &Rec. City to maintain or repair same until such streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the 1971 Code of Ordinances, as amended and any agree- ment entered into pursuant thereto. SECTION 3. This ordinance shall become effective immediately upon final passage and approval. Y� C ti {.p INTRODUCED April 8 , 1996 By Charles Jones Councilperson APPROVED Presi nt of the Council N J 0 . -` Mx Cl - 3/28/96 -3- AJG 26 1 96 14:56 FR HERE09RUM- LIEINSHIENK 303 629 7610 ?0 4 P.09/10 ` r SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT made aid entered Into this 2 45r1tl day of ,�u Eh u5'T' , 199 by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City', and Pj.RTAT+ IIRTVP_nl;snclAg'RR , r : r. . and tI _ b pa, , U . B . A . INC. hereinafter referred to as 'Subdivider`. W ITNES8ETHc WHEREAS, Subdivider has subdivided or Is about to subdivide a certain tract of land located in the City and legally descrloed 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 NDRTH P1Jz JT,Q C01,91S PA FILING _N0.3. Subdivision, wishes to enter hito this Subdivision improvements Agreement as authorized by Chapter 4, Title X11 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 ae, set forth kt Exhibit '8 ", which Is attached harelo and Incorporated herein; and WHEREAS, pursuant to Chapter 4, Title XII of the 1971 Code of ordinances Subdivider Is obfigaled 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 lollowing mutual covenants and agreements, the City and Subdivider agree as lollows7 1. Subdivider agrees within one hundred and eighty (180) days after application for a building permit to construct any building or structure on any twilling site within the subdivision, or upon the Issuance of a oerllkals of occupancy for any such building or structure, whichever is sooner, to construct and Instal 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 (160) days, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with Ilia 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 ail or any portion thereof to the City upon demand alter 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 sougtri, plus the costs of extending curb, gutter, sidewak and pavkrg 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') feel in length between intersecting streets, Uhe estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted improvements in at least one -half of such block, and the required deposit shall be based upon such decreased estimate, provided, however. Subdivider shall undertake to provide a turnaround of at least sixty (60') feel In diameter at the mid -block point and barricade said streets so that no through traffic shall be permitted beyond the poini to which the estimate of the Director of Public Works Is based. 4. Within one hundred eighty (180) days after subsequent epptication for a building permit to construct any building or structures 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 ilia 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 kmrovement. If PUG 26 '96 14:57 FR BERENBPUM- WEINSHIENK 303 629 7610 TO *005730565917145 P.09i1G 5.. The CNy 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 file Subdivision and notice of Ron nuty be filed for record in the office of the County Clerk and Recorder at any time after such delauit. 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. a. Upon payment of each such deposit, the City Director of Public Works shall release the proposed building *No from the terms of this Agreement. 7. As a cortditlon of approval of this Subdivision, and to meet the requirements of Sootion 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 eertfliente of compliance has been approved and issued by the City Director of public Works and duly recorded in the Office of the Pueblo County Cleric and necorder which certifies that those public improvements set forth in Exhibit '6°, or that portion of sold Improvements as shall be necessary to totally serve specific bt(s) or blocks) for which buildin0 penTAS or certificates of occupancy are sought and which are covered by a particular certificate of complance, have boon property designed, engineered, consirvcted, 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 acceplance of the roads, park, and other publlc Mnprovements for maintenance by the City. Urnll such mods and other park anti public Improvements have been instatted and meet the requirements, standards, and specifications of the City, its Subdivision ordinances, and any applicable Parks Department specifications, and such are speeilkally approved and accepted In writing by the City Director of Public Works, and, N appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other mattero pertalning to or aHecling said roads, park and other public Improvements and rights of way are the sole responsibility of the Subdvider or any subsequent owner(s) of the land within this Subdivision. 9. The required time for completion of all such Improvements by Subcovlder within such block shall be ono (1) year tram the date of application for the first build'mg permit issued within such bbdk. Upon completion and written approval and acceptance of such Improvements within the required time and ilia Payment of ail hispecOon costs by Subdivider, ilia Director of Public Works shall cause all obligations of Subdivider relating to such Improvernonts within such block to be released. If said improvements are not completed within the required tune, ilre City Diredor of Public Works may cause the proceeds of all deposits or other collateral or monies In escrow to be used to complete tite same. If suliiclent monies are available at the and of the required time to complete all such krWovements herein required for the entire leFQth of such block, the Director of Public Works shalt cause all collateral or monles In escrow to be reduced In cash and shall deposll the same with the Director of f=inance and such cast` shall be used to complete that portion of the improvements the Director of Public Works shall determine. Unlit all improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain ffable and responsible therefor. 10. For purposes of this Agreement, the word *block7 shall mean both Hers of lots fronting or abutting upon the street which file proposed building or structure shall front to the rear property fine or such lots, or the center lire of the alley, M 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 streels upon which such lots abut. j 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 of 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 ►eslrt Wns. 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 compelem jurisdiction to compel the enforcement of this Agreement or any amendment therelo. Such authority shall Inckide the Might to compel rescission of any sale, Conveyance, or transfer of any lot(s) or tracl(s) contrary to the provisions of the Ordinances of Ills City or this Agreement. 13. The parties hereto mutually agree Ihat this Agreement may be amended from Inv 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 wxl be blndirtg upon the successors and assigns of the Coy 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 heretrtabove sal forth. Book: 2925 Page: 340 Chris C. Munoz -2- Page: 2 of 13 Pueblo Co.C1k.&Rec. RUG 26 '96 14:5B FR BERENBRUM- WEINSNIENK 303 629 7610 TO *005730565917145 P.10F16 IN' WITNESS WMEREOP, Ifte parries hereto Have caused Nils Agmernenl to be executed and attested by ks duly sullmdUd and Actirp offers artd tie seal of Vio Subdivider set lie :eon• (SEAL) STATE OF COUNTY OV RA Cv i s. _P-OR *I'AL DRZE �SSOCIA_TE$,._ L. Y.. C Jkft BY Names : L L 425 11 toregotng histrumerrt was acknowledged before me thle R --Oday of AL4 Q s r 199,x, by G ; �or�> �►,.t+�r�r,.�. 5ubrvkler, My comndsslon expires: t E w N ` _ o l tary eM Pubfb ex 1b 12 r Fe 0 (StAL) Y N uvjw/.- BTATE OF Title !k COUNTY OP, lbe lorega w ackrwwledged balers me tlrls clay Of 199 _ -- -- 8uhdIvIder. My 00"W N291011 expires' r Notary Public (5 E A L) Address: Q ca,, Book: 2925 Page: 341 Chris C. Munoz Page: 3 of 13 Pueblo Co.C1k.&Rec. —3— STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On August 27, 1996, before me, PHYLLIS A. RUOFF, a Notary Public in and for said state, personally appeared DANIEL R. HATCH, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 2 SIGNATURE OF NOTAR BLIC ., PFIYUJS A. ROOK COMM. # 106111 (SEAL) E COUNN My Comm. 9;*0 tW 26.1994 Book: 2925 Page: 342 Chris C. Munoz Page: 4 of 13 Pueblo Co.C1k.&Rec. RUG 26 '96 14:58 FR BERENBRUM- WEINSHIENK 303 629 7610 TO *005730565917145 P.11/18 ' SPAR If O F CM4RAD0 �3. COUNTY OF PUEBLO CITY OF PUEBLO, a Municipal Co"ratbn g / 1 6slider4 - ol tho Council e foregoing instrument was acknawiedged before tm Ibis ll,�..� day 141 199 . by , as President of CNy • r1 f� as ky Clerk of the City of Pueblo. Colorado. ,� i r ♦ rr♦r♦ ♦♦ ♦ ♦� sir .. } ,1'`;� ; mTsbn expire9:g_Z�_C�'9 J n- . • - x • 4 }: IL A in &I • Address: - s OF APPROVED AS TO FORM: II` Book: 2925 Page: 343 Chris C. Munoz Page: 5 of 13 Pueblo CO.Clk.&Rec. —4— AUG 26 '96 14:58 FR BERENBAUM- WEINSW ENK 303 629 7610 TO *005730565917145 P.12f18 EXHIBIT "A" A part of the Northeast quarter of Section 13, Township 20 South, Range 65 West, of the Sixth Principal Meridian, City of Pueblo, Pueblo County, State of Colorado, deeoribed as follows; Commencing at the Northeast corner of said Northeast quarter of Section 13, thence South 88 West, along the North lire of said Section 13, a distance of 678.03' to the Northeast corner of the Northwest quarter of Northeast quarter of the Northeast quarter of said Section 13 and the True Point of Beginning; Thence South 00 East, a distance of 1309.07 to a IN o.d. iron pipet Thence North 88 East, a distance of 48.47' to a 1" o. d. iron pipe; Thence South 13 0 04 1 54" West, a distance of 677.62' to a Number 4 rebar with a yellow plastic cap marked LS 16128: Thence South 88 *17 1 04f 1 West, a distance of 564.12 to a metal disk set in a 6 11 concrete cylinder; Thence South 01`21 East, a distance of 356.78 to a Number 4 rebar with a yellow plastic cap marked LS 16128 marking the Northeast corner of U -Haul Subdivision Filing No. 11 Thence South 88'22 West, along the Northerly lino of said subdivision, a distance of 253.91' to a point on the Easterly right -of -way line of Interstate 25 as witnessed by an aluminum cap bearing South 10 East, a distance of 2.00' from said point; Thence running Northerly along said Easterly right -of -way line the next three (3) courses: 1) North 10 "2 1 5 1 49 11 West, a distance of 1023.76 to a croas chiseled in concretes; 2) North 10 0 22 1 03" West, a distance of 332.62 to a Number 4 rebar with a yellow plastic cap marked L8 1612a; 3) North 04'25 West, a distance of 695.93 to the Southwesterly corner of North Pueblo Commercial Park Filing No. 11 Thence running along the Southerly line of said subdivision the next three (3) courses: 1) Along the arc of a non- tangent curve to the right, through a Central angle of 70 ", an are distance of 443.08 a radius of $60.00' and a chord bearing of North 53`01 East, with a distance of 415.64 2) North 88 °17 East, a distance of 100.00 3) Along the arc of a curve to the left through a central angle of 26'08 an arc distance of 200.73 a radius of 440.00 and a chord nearing of North 75 °I2 East, with a distance of 199.00 to the North line of said Section 131 Thence continuing along the Southerly line of said North Pueblo Commercial Park Filing No. 1 and along the North line of said Section 13 North 88 East, a distance of 572.24 to the Point of Beginning. EXHIBIT "All Book: 2925 Page: 344 Chris C. Munoz Page: 6 of 13 Pueblo Co.C1k.&Rec. RUG 26 '96 14:59 FR BERENBRUM- WEINSHIENK 303 629 7610 TO *005730565917145 P,15%18 ADDENDUM TO BUDDIVIBION IKPROVMUNTS AGiREMONT POR WORTH PUEBLO CONMRCIAL PARK FILING NO. 3 THIS AGREEMENT is made on the 2 E5Tfi day of ABC u5T' _ , 3996, between Portal Drive Associates, L.L.C., and Home Depot U.S.k., Inc. ( "Subdivider ") and the City of Pueblo, a municipal corporation ("City"). WHEREAS, City is a body politic of the State of Colorado; and WHEREAS, subdivider is a Texas limited liability company admitted to do business in Colorado and a Delaware corporation= and WHEREAS, City has a responsibility to its reoidtnts to provide for the safe and efficient movement of vehicular traffic throughout the city: and WHEREAS, the operation of a shopping center and associated outpads to be developed by Subdivider in the City approximately at Interstate 25 and Eagleridge Boulevard, may add additional traffic to the existing and planned traffic volumes along Eagleridge and other roadways under the jurisdiction of the Colorado Department of Transportation ( "CDOT") ; and WHEREAS, the operation of a shopping center and associated outpads to be developed by Subdivider in the city approximately at Interstate 25 and Eagleridge Boulevard, may as necessary require periodic maintenance of a detention pond; and WHEREAS, City and Subdivider have executed a Subdivision Lmprovsments Agreement for North Pueblo Commercial Park Filing No. 3 ( " Agreement ") and now desire to amend the Agreement to describe each party's respective obligations. NOW, THEREFORE, in consideration of the above and other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows Subdivider agrees to contribute toward the cost of road and highway improvements required because of Subdivider's proposed development. subdivider and City agree that the amount of Subdivider's contribution is estimated to be $12.37 per daily vehicle ($100,400 estimated average cost of signalization per intersection x 60% r 4 daily trips - $12.37 per daily trip. The final per daily trip cost shall be based on the foregoing formula. The actual trip generation calculations for Subdivider's development shall be based on accepted industry practices and standards for determining same for the tactual uses in the development and Subdivider's contribution shall be equal to the product of the above referenced daily trip cost per vehicle multiplied by the calculated number of daily trips for Subdivider's development. Subdivider and city agree that the first $70,000 of Subdivider's total contribution shall be paid to City within thirty (30) days following the filing of the final plat for Subdivider'& development and shall be in the form of a monetary payment to be used by City toward the cost of signalization of the intersection at Eagleridge /Dillon. Any subsequent contributions may be made in the form of, including but not limited to, monetary contribution payable to city, or contribution of land for dedicated right of way to CDOT, the value of which shall be daterminad by appraisal. The balance of Subdividers contribution shall be due within thirty (30) days following the and of the first year following the filing of the final plat for Subdivider's development. Such balance shall be on the than existing and /or reasonably Page 1 of 4 Book: 2925 Page: 347 Chris C. Munoz Page: 9 of 13 Pueblo Co.C1k.&Rec. RUG 26 '96 14:59 FR BERENBRUM- WEINSHIENK 303 629 7610 TO *005730565917145 P.16/18 anticipated uses within Subdivider's development; provided, however, that to the extent any part of the balance of Subdivider's monetary contribution is based on reasonably anticipated (as opposed to actual) uses and if, within five (5) years following Subdivider's payment of such balance, the actual use shall vary from the previously anticipated use thereof such that Subdivider -in fact paid in excess of Subdivider's actual monetary contribution, Subdivider's excess payment shall be refunded to Subdivider within thirty (30) days following Subdivider's delivery to City of written documentation of the overpayment unless City challenges such documentation. In that event CDOT shall determine the amount of the overpayment. It is acknowledged that City, based upon CDOT plans, requested a realignment of a public street known as Dillon Drive to be constructed within the Subdivision by Subdivider. The realignment of Dillon Drive caused Subdivider to incur additional engineering cost in the amount of $ 8.344 and it is agreed that Subdivider shall receive a credit for such additional engineering cost against the first payment following the initial payment of $70,040 due from Subdivider hereunder. Subdivider and other owners of lots within the Subdivision shall maintain in proper working order the storm water drainage and detention facilities to be constructed by Subdivider are part of the improvements for the Subdivision (the "Stoma Water Facility ") . City is hereby granted the right, but not the obligation, .to maintain and repair the storm Water Facility as City's Director of Public Works deems necessary in his /her discretion, and to recover the costs thereof plus 1.5$, from the owners of the lots within the Subdivision. Anything contained elsewhere in the Subdivision Improvements Agreement and /oar this Addendum to the contrar , as between Portal Drive Associates;, L.L.C. and Home Depot U.S.A., Inc., Portal Drive Associates, L.L.C. shall be solely responsible for the performance of the obligations of the Subdivider under the terms of the Subdivision Improvements Agreement and this Addendum. Home Depot, U.S.A., Inc, joins in execution of the Subdivision Improvements Agreement and this Addendum for the purpose of evidencing its consent to the terms and provisions thereof and its agreement that to the extent Portal Drive Associates, L.L.C. shall fail to perform the obligations of the Subdivider under the terms of the Subdivision Improvements Agreement and /or this Addendum, Home Depot U.S.A., Inc. will perform such obligations for the account of Portal Drive Associates, L.L.C. In such case, Portal Drive Associates, L.L.C. shall reimburse to Home Depot U.S.A., Inc. all reasonable costs incurred by Home Depot U.S.A., Inc. in so performing such Subdivider's obligations, such reimbursement to be paid within ten (10) days following receipt by Portal Drive Associates, L.L.C. of a written statement setting out the amcunt of the reimbursement due. Portal Drive Associates, L.L.C. is granted an easement for purposes of access to and use of all lots located in the Subdivision in connection with its performance of its obligations hereunder, provided that such use shall not unreasonably interfere with the use of such lots by the respective owners thereon. Portal Drive Aarpociatesa, L.L.C. has entered or may enter into separate agreements with Home Depot, U.S.A., Inc. and /or other owners of Iota in the Subdivision in connection with its performance of the obligations of the Subdivider hereunder, but such agreements shall not alter or affect the obligations of Portal Drive Associates, L.L.C. under the terms of the Subdivision Improvements Agreement and this Addendum. Page 2 of 4 Book: 2925 Page: 348 Chris C. Munoz Page: 10 of 13 Pueblo Co. M.&Rec. RUG 26 '96 15:00 FR BERENBRUM- WEINSHIENK 303'629 7610 TO *005730565917145 P.17/16 This Addendum shall be incorporated and become part of the Subdivision Improvements Agreement for North Pueblo Commercial Park Filing No. 3, recorded on the 2 STH day of NU c u s T 1996, in Book 2-124 , at Page <p_IA of the records of the Pueblo County Clerk and Recorder. This Addendum shall constitute a covenant running with the North Pueblo Commercial Park Filing No. 3 ("Property "), shall extend to, be binding upon, and inure to the benefit of the successors and assigns of the City and Subdivider. if there is a conflict between the provisions of this Addendum and those of the Subdivision Improvements Agreement, the provisions of this Addendum shall govern. With reference to the provisions of Paragraph 14 of the Subdivision Improvements Agreement, city agrees that upon the completion and written approval and acceptance of the improvements constructed by Subdivider as provided in Paragraph 9 of the Subdivision Improvements Agreement, City will cause a written release of the Subdivision Improvements Agreement and this Addendum to be placed on r000rd in the office of the County Clerk and Recorder of Pueblo County, Colorado. If any provisions of this Addendum or the Subdivision Improvements Agreement is determined to be invalid or unenforceable, such determination shall not affect the validity of the remaining provisions. SUBD IDER; PORTAL DRIVE ASSOCIATES, L.L.C., a Texas Lim' Lia li Company By. —� Name: Title: SUBDIVIDER: HOME DEPOT U.S.A., INC. a Del a rporat'on Nan .19 CITY OF PUEBLO a Municip Corporati Name 13 sTE L i L _ Title• President of the caunci Book: 2925 Page: 349 Chris C. Munoz Page: 11 of 13 Pueblo Co.Clk.&Rec. Page 3 of 4 RUG 26 '96 15 :00 FR BERENBR N•1- WEINSHIENK 303 629 7610 TO *005730565917145 P.18f18 STATE OF C a ILUQ § rft.B COUNTY OF P § SIB. Subscribed and sworn before me on k u COs ]' by C-n . 12.-s r� .a �-�- ►'�.� r� rwS authorized member of PORTAL DRIVE ASSOCIATES, L.L.C., a Texas limited liability oompany. V a '�� �'• ,•...... v Q •• �� n • Notary Pub h My commis ion expires on. 1__/2v- .g- t STATE OF �— Colorado g S.S. COUNTY OF __ _. Pueblo § Subscribed and sworn before me on _ DEPOT U.S.A., a Delaware corporation. Notary Public My commission expires on: ., 1996, of HOME STATE OF Colorado S.S. �,�� g � Tj,F�•���''� COUNTY OF 7 hl c) § �✓. ' q . + ` Subscribed and sworn before me on August 28 , 1996, :by( , President of the Pueblo City Council. • �•� �,� • � otary Fu 1 1C -; ���•'- My commission expires on: 8 -21 -99 APPROVED AS TO FORM: City Attar Book: 2925 Page: 350 Chris C. Munoz Page: 12 of 13 Pueblo Co.C1k.&Rec. Pave 4 of 4 ** TOTAL PAL ** S STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On August 27, 1996, before me, PHYLLIS A. RUOFF, a Notary Public in and for said state, personally appeared DANIEL R. HATCH, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY PU L F tti� A. RUOFF T , _ ' , COMM. # 1054114 z ag (SEAL) z J- ' Notary Public — Califomio GRAN SE COUNTY My Comm. Expires MAR 26,1999 PMYva A. WJOFF COMM, f 1064111 NoficrY PubNc — Cc ifomla ORANGE C � My Comm. E �, 1994 M�� Book: 2925 Page: 351 Chris C. Munoz Page: 13 of 13 Pueblo Co.C1k.&Rec. Reception 1137541 08/30/1996 DECIMUTION OF COVENANTS CONCERNIM; DRAINAGE AND DETENTION EASEKENTS, PRIVATE GANITARY SEWER EASEMENTS AND PRIVATE ACCESS ROAD EASEMENTS BOR NORTH PUEBLO CtOMMERCIAL PARK FILING No. 3 This Declaration of Covenants (the "D eclarat io n ") is executed as of August �LS , 1996, by PORTAL DRIVS ASSOCIATES, L.L.C., a Texas limited liability company ( "Portal Drive ") , and HOME DEPOT U.S.A., INC., a Delaware Corporation (Home Depot ") . RECITALS This Declaration is made concerning the following: A. Portal Drive owns the real property described in Exhibit "All attached hereto and made a part hereof for all purposes ( the "Portal Drive Property"). The Portal Drive Property is or will be platted as block 1, Lots 2 -8, and Black 2, Lot 1 North Pueblo Commercial Park Filing No. 3 in the City of Pueblo, Pueblo County, Colorado. Home Depot owns the real property described in Exhibit "B" attached hereto and made a part hereof for all purposes (the "Home Depot Property " ). The Home Depot Property is or will be platted as Block 1 Lot 1, North Pueblo Commercial Park Filing trio. 3 in the City of Pueblo, Pueblo County, Colorado. The Portal Drive Property and the Home Depot Property constitute the entire North Pueblo Commercial Park Filing No. 3 subdivision (the "Subdivision "). B. Portal Drive also owns the real property adjacent to the Subdivision (the "Detention Easement "). The Detention Easement is more particularly described in Exhibit "C" attached hereto and made a part hereof for all purposes. C. Portal Drive and Home Depot desire to provide for the proper development of the Subdivision and to insure for the installation, maintenance and repair of the drainage, sanitary sewer, storm sewer and private ingress and egress easements as shown on the plat of the Subdivision and the storm water detention facilities located on the Detention Easement. Now, therefore, Portal Drive and Home Depot declare that the Subdivision is and shall be held, transferred, sold, conveyed, occupied and used subject to the following covenants, conditions and restrictions: AUG 26 '96 14:55 FR BERENBAUM- WEINSHIENK 303 629 ?E10 TO *005731565917145 P.05 /1B Book: 2925 Page: 353 Chris C. Munoz Page: 2 of 6 Pueblo Co.Clk. &Rec. i. 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 Subdivision to benefit the Subdivision. 2. Restrictions: The subject property contains easements as shown on the Subdivision Plat and Detention Easement. 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 easements on such lot owner's respective lot; however, the owner of Lot 5 shall be responsible for the maintenance and repair of all storm water drainage structures, detention facilities and improvements (the "Drainage Facilities") located on the Detention Easement. The owner of Lot 5 and the owners of the remaining lots in the Subdivision may enter into separate agreements providing for the common maintenance of the Drainage Facilities and other improvements described herein and the sharing of the costs of such maintenance, but such agreements shall not alter or affect the obligations of the lot owners to City hereunder. C. No building or structure of any kind shall be placed in any drainage easement, stoma detention easement, private sanitary sewer easement, storm sewer easement or private ingress and egress easement on the Subdivision, provided that such restriction shall not prohibit improvement and use of any such easements other than the Detention Easement with landscaping or for use as paved parking and driveways. 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. $. 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 attorney's fees. -2- AUG 26 '96 14.55 FR BERENDAUM- WEINSHIENK 303 629 7610 TO *005730565917145 P.06 /1B Book: 2925 Page: 354 Chris C. Munoz Page: 3 of 6 Pueblo Co.Clk. &Rec. C. Severability: Invalidation of any one of these covenants by judgement or court order shall not affect the other provisions, which shall remain in effect. 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 the Subdivision and all persons who own or have the right to possess or control property that abuts any lot in or easement that benefits the Subdivision shall have the right to enforce these covenants in any court of competent jurisdiction. In witness whereof the following have set their hand as of the day and date first above written: PORTAL DRIVE ASSOCIATES, L. L. C,. , a Texas 1 li bi 'ty company S G. call An s, Authorized Member HOME DEPOT U. INC.. a Delawa oration • 13y . Name ' Argl tZ NR C-1 I � ���� Cv�poralG Co uv sF-c� Date: -3- AUG 26 '96 14 :56 FR BERENBAUM- WEINSHIEW 303 629 7610 TO *0 05730565917145 P.07/18 THE STATE OF § GoL..o R�•t�p S.S. COUNTY OF bras. o Book: 2925 Page: 355 Chris C. Munoz Page: 4 of 6 Pueblo Co.C1k.&Rec. The foregoing instrument was acknowledged before me on the day of - eq q zi S r ,. , 19 9 6 , by G. RANDALL ANDREWS,, Authorized Member of PORTAL DRIVE ASSOCIATES L. limited liability company, on behalf of said company. a Texas TARY P�71c 4 ." . 0 so My commiSs Expires THE STATE OF COUNTY OF The foregoing instrument day of _ of F corporat =on, on behalf of sa NOTARY PUBLIC / My Commission Expires: f • & A [ i j was before we 996, by ;41E EPOT U INC., a corporation. on the Deiaware -4- STATE OF CALIFORNIA COUNTY OF ORANGE } ) ss. Book: 2925 Page: 356 Chris C. Munoz Page: 5 of 6 Pueblo Co.Clk. &Rec. On August 27, 1996, before me, PHYLLIS A. RUOFF, a Notary Public in and for said state, personally appeared DANIEL R. HATCH, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY 04JKLIC PHYLLIS A. RUOFF (SEAL) � COMM. # 10641 to Notary Public — Callfomia y Co ORANGE COUNTY mm. Exr*es MAR 26,1999 Reception 1137542 08/30/1996 STORM DRAINAGE DETENTION BASIN EASEMENT This Storm Drainage Detention Basin Easement (the "Agreement ") is executed as of the 28 day of AUC- -,UST , 1996 by PORTAL DRIVE ASSOCIATES, L.L.C.. a Texas Limited Liability Company (the "Owner "). PREAMBLE Owner is the owner of certain property described as Block 1, Lots 2 -8, inclusive, and Block 2, Lot 1, all in North Pueblo Commercial Park Filing No. 3 in the City of Pueblo, Pueblo County, State of Colorado (the "Subdivision "). HOME DEPOT U.S.A., Inc., a Delaware corporation ( "Home Depot "), is the owner of certain property described as Block 1, Lot 1, in the Subdivision. Owner further is the owner of a tract out of the Northeast Quarter (NE /4) of Section 13, Township 20 South, Range 65 West, of the Sixth Principal Meridian, County of Pueblo, State of Colorado (the "Easement Tract "), the Easement Tract being more particularly described by metes and bounds in Exhibit " A " attached hereto and made a part hereof for all purposes. Owner desires to dedicate the Easement Tract as a storm water drainage detention basin for the purpose of receiving and storing storm water runoff from the Subdivision and releasing the same from the Easement Tract to Fountain Creek to the East of the Easement Tract. DEDICATION For a valuable consideration, Owner hereby grants, dedicates and sets aside to the City of Pueblo, Colorado (the "City ") and to the present and future owners of all or any part of the Subdivision an easement in and on the Easement Tract for use of the same as a storm water drainage detention basin for purposes of storing storm water runoff from the Subdivision and releasing the same from the Easement Tract to Fountain Creek to the East of the Easement Tract. The Easement shall include the free and uninterrupted use of and access to the Easement Tract for purposes of constructing, maintaining and repairing storm water drainage structures, detention facilities, and improvements (the "Drainage Facilities ") on the Easement Tract. -1- Book: 2925 Page: 359 Chris C. Munoz Page: 2 of 3 Pueblo Co.Clk. &Rec. Owner and other owners of lots within the Subdivision shall maintain in proper working order the Drainage Facilities to be constructed by Owner as part of the improvements for the Subdivision. City is hereby granted the right, but not the obligation, to maintain and repair the Drainage Facilities, as City's Director of Public Works deems necessary in his /her discretion, and to recover the costs thereof plus 15% from the owners of the lots within the Subdivision. The covenants contained in this Agreement shall run with the Subdivision and may be specifically enforced against the Owner and all subsequent owners of all or any part of the Subdivision. TO HAVE AND TO HOLD the rights, privileges and easements herein granted unto City and all present and future owners of all or any part of the Subdivision, together with their respective heirs, legal representatives, successors and assigns. EXECUTED the day and date first above written. PORTAL DRIVE ASSOCIATES, L.L.C., A Texas limited liability company ,r B• andall rews, Authorized Member THE STATE OF TEXAS § COUNTY OF LUBBOCK § The foregoing instrument was acknowledged before me on the day of August, 1996, by G. RANDALL ANDREWS, authorized Member of PORTAL DRIVE ASSOCIATES, L.L.C., a Texas limited liability company, on behalf of said company. R Notary Publ ' State of Printed Na J�C s ZMUK60te &tai AIJI My Commission r � expires O :2 o 0 w� • • . w • 0 �..� .; e e 'l: 1;11114• Book: 2925 Page: 360 Chris C. Munoz Page: 3 of 3 Pueblo Co.C1k.&Rec. S75'41'37 "E • 37.13' Y13 5� "E 30.01' N75'41'37 "W 26.66' N39'23'55 "W 42.05' o p EXHIBIT A DRAINAGE EASEMENT N13 "E 69.27' I& S3 28.8-V *5 "E +�J 2 POINT OF BEGINNING SO 1'35'03 "E 60.00' A- 1011'47" Ra1906.25' L =339.24' CD- S1B'26'02 "W LC- 338.79' NE COR. SEC. 13. T20S, R65W, 6TH PM 3" ALUM. CAP LS 10093 I� tom► / IQ 5 0.01 / o � �Q i Q / S88'24'57 "W 292.08' 0' 40TH STREET J S -LINE OF THE 14E 1/4 OF SEC. 13 LEGAL DESCRIPTION V) N N N O 3 w a , z cv w o u- Z o w Z i w E 1/4 COR. SEC. 13 T20S, R65W, 6TH PM Y' STEEL PIN IN CONC. IN MONUMENT CASE A PART OF THE NORTHEAST QUARTER OF SECTION 13. TOWNSHIP 20 SOUTH, RANGE 65 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 13 FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 13 BEARS NORTH 00 DEGREES 25 MINUTES 29 SECONDS WEST, A DISTANCE OF 2622.29 FEET; THENCE SOUTH 88 DEGREES 24 MINUTES 57 SECONDS WEST, ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 661.36 FEET; THENCE NORTH 01 DEGREES 35 MINUTES 03 SECONDS WEST, A DISTANCE OF 60.00 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF 40TI1 STREET, SAID POINT BEING TIIE TRUE POINT OF BEGINNING; THENCE NORTH 13 DEGREES 04 MINUTES 54 SECONDS EAST, A DISTANCE OF 569.76 FEET; THENCE NORTH 39 DEGREES 23 MINUTES 55 SECONDS WEST, A DISTANCE OF 42.05 FEET; THENCE NORTH 75 DEGREES 41 MINUTES 37 SECONDS WEST, A DISTANCE OF 26.66 FEET; THENCE NORTH 13 DEGREES 04 MINUTES 54 SECONDS EAST. A DISTANCE OF 30.01 FEET; THENCE SOUIII 75 DEGREES 41 MINUTES 37 SECONDS EAST, A DISTANCE OF 37.13 FEET; THENCE SOUTH 39 DEGREES 23 MINUTES 55 SECONDS EAST, A DISTANCE OF 28.84 FEET; THENCE NORTH 13 DEGREES 04 MINUTES 54 SECONDS EAST, A DISTANCE OF 69.27 FEET; THENCE SOUTH 66 DEGREES 48 MINUTES 38 SECONDS EAST. A DISTANCE OF 357.13 FEET TO A POINT LYING ON THE WESTERLY RIGHT -OF -WAY LINE OF THE DENVER AND RIO GRANDE RAILROAD, SAID POINT BEING 50.00 FEET (MEASURED PERPENDICULAR) FROM THE CENTERLINE OF THE EXISTING TRACKS (1996); THENCE SOUTIIERLY ALONG SAID WESTERLY RIGHT -OF -WAY LINE AND PARALLEL WITH SAID CENTERLINE THE NEXT TWO (2) COURSES: 1) SOUTH 23 DEGREES 31 MINUTES 55 SECONDS WEST, A DISTANCE OF 206.33 FEET; 2) ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 10 DEGREES 11 MINUTES 47 SECONDS, AN ARC DISTANCE OF 339.24 FEET. A RADIUS OF 1906.25 FEET AND A CHORD BEARING OF SOUTH 18 DEGREES 26 MINUTES 02 SECONDS WEST, WITI-I A DISTANCE OF 338.79 FEET TO THE NORTH RIGHT -OF -WAY LINE OF SAID 40TH STREET; THENCE SOUTH 88 DEGREES 24 MINUTES 57 SECONDS WEST, ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 292.08 FEET TO ]HE POINT OF BEGINNING, CONTAINING 189,966 SQUARE FEET OR 4.36 ACRES. MORE OR LESS. Book: 2925 Page: 345 Chris C. Munoz Page: 7 of 13 Pueblo Co.C1k.&Rec. EXHIBIT "B" IMPROVEMENTS SUBDIVISION NAME "Eagle�ridoe" North Pueblo Commercial Park Filing No. 3 DEVELOPER: Portal_ Drive Associates,, L.L.C. , and Home Depot U.S.A.. Inc. ENGINEER: CLC Associates, Inc. DILLON DRIVE - 60 F.L./100' R.O.W 6" Std. Curb and Gutter: 3300 LF @ 7.80 /LF $25,740.00 Paving: (10" asphalt): 11,350 SY @ 20.50 /SY 232,675.00 6' Sidewalk: 18,600 SF @ 2.50 /SF 46500.00 Monument Boxes: 4 EA @ 450.00/EA 1,800.00 Street Lights: 7 EA @ 1,000 /EA 7,000.00 Crosspans: 3600 SF @ 3,80 /SF 13,680.00 Handicap Ramps: 600 SF @ 3.50 /SF 2,100.00 Barricades: 4 EA @ 1000.00 /EA 4,000.00 Landscape Parkwy 1.0 AC @ 16,200/AC 16,200.00 SUBTOTAL $349,695.00 WATER 12" Main: 1850 LF @ 29.22/1-F $54,057.00 Service Lines: 9 EA @ 1,000 /EA 9,000.00 Fire Hydrant Assembly: 4 EA @ 1,800.00 /EA 7.200.00 SUBTOTAL $70,257.00 SANITARY SEWER $27 Adjust Manholes: 5 EA @ 500.00 /EA $2 Service Lines: $17 Lot 1, Blk 2 $6,930.00 6" Service @ %500.00 500.00 Lot 1, 2, & 3, Blk 1 $3,000.00 Private Main 6" - 1,500'@ 10.00 15,000.00 Manholes 3 @ $750.00 2,250.00 Cleanout 11 @ $400.00 4,400.00 6" Service 3 @ $500.00 1,500.00 Lot 4, Blk 1 6" Service 1 @ $2,000.00 2,000.00 Lot 5, Blk 1 6" Service 1 @ $500.00 500.00 Lot 6, Blk1 6" Service 1 @ $500.00 500.00 Lot 7, Blk 1 6" Service 1 @ $500.00 500.00 Lot 8, Blk 1 6" Service 1 @ $500.00 500.00 SUBTOTAL $30,150.00 STORM SEWER 15" RCP, 55 LF @ $27.00 /1-F $1 18" RCP, 958 LF @ $29.00 /1-F $27 24" RCP, 260 LF @ $36.001LF $9 36" RCP, 347 LF @ $50.00 /1-F $17 60" RCP, 55 LF @ $126.00 /1-F $6,930.00 98" x 63" HERCP, 169 LF @ $150.00 $25,350.00 Type "S" Inlet (10') 1 EA @ $3,000 /EA $3,000.00 Type "S" Inlet (15') 5 EA @ $4, 000 /EA $20,000.00 Manholes (60 ") 5 EA @ $1,600 /EA $8,000.00 Book: 2925 Page: 346 Chris C. Munoz Page: 8 of 13 Pueblo Co.Clk.&Rec. Manholes (72 ") 1 EA @ $2,500 /EA Manholes (Special) 1 EA @ $3,000 /EA F.E.S. 1 EA @ $2,500 /EA Outlet Structure 1 EA @ $4,000 /EA Concrete Trickle Channel 400 LF @ $15 /LF Detention Pond Grading 20,000 CY @ $2.00 /CY Planting and Vegetation 5 AC @ $6,000 /AC Riprap Outlet 6 CY @ $50.00 /CY SUBTOTAL EARTHWORK 5,000 CY @ 2.00 /CY EROSION CONTROL: 1 LS @ 2,000.00 $2,500.00 $3,000.00 $2,500.00 $4,000.00 $6,000.00 $40,000.00 $30 $207,257.00 $10,000.00 2,000.00 Note: Powerlines to be relocated by Westpiains Energy and reimbursed through rate Agreement. SUBTOTAL $12.000.00 $669,359.00 PREPARED BY: FIRM: CLC Associates. mu. REVIEWED BY: 64�1 City of Pueblo Date Date OK6fa ex u 1151 "C „ DRAINAGE EASEMENT M cn I U N lal N La. O 3 W ` Q3 Z N W u} aV O O Z W Z J I W S -LINE OF THE NE 1/4 OF SEC. 13 LEGAL DESCRIPTION E 1/4 COR. SEC. 13 T20S, R65W, 6TH PM 1" STEEL PIN IN CONC. IN MONUMENT CASE A PART OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 20 SOUTH, RANGE 65 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 13 FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 13 BEARS NORTH 00 DEGREES 25 MINUTES 29 SECONDS WEST, A DISTANCE OF 2622.29 FEET; THENCE SOUTH 88 DEGREES 24 MINUTES 57 SECONDS WEST, ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 861.36 FEET; THENCE NORTH 01 DEGREES 35 MINUTES 03 SECONDS WEST, A DISTANCE OF 60.00 FEET TO A POINT ON THE NORTH RIGHT -OF --WAY LINE OF 40TH STREET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 13 DEGREES 04 MINUTES 54 SECONDS EAST, A DISTANCE OF 569.76 FEET; THENCE NORTH 39 DEGREES 23 MINUTES 55 SECONDS WEST, A DISTANCE OF 42.05 FEET; THENCE NORTH 75 DEGREES 41 MINUTES 37 SECONDS WEST, A DISTANCE OF 26.66 FEET; THENCE NORTH 13 DEGREES 04 MINUTES 54 SECONDS EAST, A DISTANCE OF 30.01 FEET; THENCE SOUT14 75 DEGREES 41 MINUTES 37 SECONDS EAST, A DISTANCE OF 37.13 FEET; THENCE SOUTH 39 DEGREES 23 MINUTES 55 SECONDS EAST, A DISTANCE OF 28.84 FEET; THENCE NORTH 13 DEGREES 04 MINUTES 54 SECONDS EAST, A DISTANCE OF 69.27 FEET; THENCE SOUTH 66 DEGREES 48 MINUTES 38 SECONDS EAST, A DISTANCE OF 357.13 FEET TO A POINT LYING ON THE WESTERLY RIGHT -OF -WAY LINE OF THE DENVER AND RIO GRANDE RAILROAD, SAID POINT BEING 50.00 FEET (MEASURED PERPENDICULAR) FROM THE CENTERLINE OF THE EXISTING TRACKS (1996); THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT - -OF -WAY LINE AND PARALLEL WITH SAID CENTERLINE THE NEXT TWO (2) COURSES: 1) SOUTH 23 DEGREES 31 MINUTES 55 SECONDS WEST, A DISTANCE OF 206.33 FEET; 2) ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 10 DEGREES 11 MINUTES 47 SECONDS, AN ARC DISTANCE OF 339.24 FEET, A_ RADIUS OF 1906.25 FEET AND A CHORD BEARING OF SOUTH 18 DEGREES 26 MINUTES 02 SECONDS WEST, WITH A DISTANCE OF 3313.79 FEET TO THE NORTH RIGHT -OF -WAY LINE OF SAID 40TH STREET; THENCE SOUTH 88 DEGREES 24 MINUTES 57 SECONDS WEST, ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 292.08 FEET TO THE POINT OF BEGINNING, CONTAINING 189,966 SQUARE FEET OR 4.36 ACRES, MORE OR LESS. NE COR. SEC. 13. T20S, R65% 6TH PM 3" ALUM. CAP LS 10093 I ' Book: 2925 Page: 357 Chris C. Munoz Page: 6 of 6 Pueblo Co.Clk. &ReC.