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
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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.
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INTRODUCED April 8 , 1996
By Charles Jones
Councilperson
APPROVED
Presi nt of the Council
N J 0 . -`
Mx Cl -
3/28/96
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AJG 26 1 96 14:56 FR HERE09RUM- LIEINSHIENK 303 629 7610 ?0 4 P.09/10 `
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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.
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'
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
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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
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My Commission
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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
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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
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S88'24'57 "W 292.08' 0'
40TH STREET J
S -LINE OF THE 14E 1/4 OF SEC. 13
LEGAL DESCRIPTION
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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
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DRAINAGE EASEMENT
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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.