HomeMy WebLinkAbout06079Reception 1124560
06/04/1996
ORDINANCE NO. 6079
AN ORDINANCE APPROVING THE PLAT OF EAGLE HARDWARE
SUBDIVISION FILING NO. 1
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION 1.
The final plat of Eagle Hardware Subdivision Filing
No. 1, being a subdivision of land legally described as
follows:
A tract of land being a portion of the South
half of the Northwest quarter and the Northwest
quarter of the Southwest quarter of Section 13,
Township 20 South, Range 65 West of the Sixth
Principal Meridian, City of Pueblo, County of
Pueblo, State of Colorado, being more particularly
described as follows:
Basis of Bearings: The line between a No. 5 rebar
with a yellow plastic surveyor's cap stamped LS
6128 at the Southeast corner of lot 2, Block 1,
Crane Subdivision, recorded in Book 2268 at Page
142, Pueblo County Records and a No. 4 rebar with
a yellow plastic surveyor's cap stamped LS 12933
at the Southwest corner of Gateway Plaza, recorded
in Book 2791 at Page 117, Pueblo County Records, is
assumed to bear N78 1 02'00 "W, with a distance of
2365.29 feet,
Commencing at the Northerly right -of -way line of
U.S. Highway 50 West and the Southwesterly corner
of said Crane Subdivision, said point being the
point of beginning; thence N78 °02'00 "W, along the
said Northerly right -of -way line, a distance of
1356.39 feet to a point on the West line of said
Section 13; thence N.00 0 59 1 39 "W, along said West
line, a distance of 391.71 feet; thence N90 °00'00"
E, leaving said West line, a distance of 464.80
feet; thence N64 °50'00 "E, a distance of 953.74
feet to a point 40.00 feet West of the West line
Book: 2897 Page: 573 Chris C. Munoz
Page: 2 of 3 Pueblo Co.C1k.&Rec.
of Block 7 of College Road Shopping Center Subdi-
vision, recorded in Book 1680 at Page 416, Pueblo
County Records; thence N00 °05'54" E on a line
40.00 feet Westerly from and parallel with said
West line of Block 7, a distance of 351.98 feet;
Thence S89 0 54 1 07 "E on the Southerly line of
Fortino Boulevard, a distance of 40.00 feet;
thence S00 0 05 1 54 "W on the Westerly line of Block
7, a distance of 752.91 feet; thence S89 °30'54"
W, a distance of 40.00 feet; thence S00 0 05 1 54 "W,
parallel with said West line of said Block 7, a
distance of 400.00 feet to the Northwest corner
of said Crane Subdivision, monumented with a No.
5 rebar with a yellow plastic surveyor's cap
stamped LS 6128; thence S00 °11'30 "E, along the
West line of said Crane Subdivision, a distance
of 277.20 feet to the point of beginning. This
tract contains 20.917 acres,
is hereby approved; all dedicated streets, utility and
drainage easements, rights -of -way and land set aside
for public sites, parks and open spaces shown and
dedicated on said plat are hereby accepted for public use.
SECTION 2.
The acceptance of such dedicated streets, rights-
of -way, utility and drainage easements, public sites,
parks and open spaces by the City does not obligate the
City to maintain or repair same until such streets,
rights -of -way, utility and drainage easements, public
sites, parks and open spaces have been 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.
-2-
Book: 2897 Page: 574 Chris C. Munoz
Page: 3 of 3 Pueblo Co.Clk. &Bec.
SECTION 3.
This ordinance shall become effective immediately
upon final passage and approval.
��Gt3tp,
Cd r G'
Al
INTRODUCED
INTRODUCED April 8 , 1996
By Al Gurule
Councilperson
APPROVE
Presr t of t e Council
,� 1
l _ i city
4/1/96
me
Reception 1124565
06/04/1996
DECLARATION OF RECIPROCAL ACCESS,
DRAINAGE AND UTILITIES EASEMENTS
THIS DECLARATION is made this 3ot day of may , 1996, by
CHANDELLE DEVELOPMENT, LLC, a Colorado limited liability company
( "Declarant ") .
1. Purpose of Declaration Declarant is the owner of certain real prop-
erty located in the County of Pueblo, Colorado, more particularly described on Ex-
hibit A attached hereto (the "Property ") . Declarant intends that the Property be de-
veloped for commercial use, and has executed this Declaration to establish certain
covenants, conditions and easements for the use and maintenance of the Property.
2. Definitions Unless otherwise indicated, capitalized terms used in this
Declaration shall have the meanings set forth below.
(a) "Authorized Person" shall mean each Owner, the tenants, subten-
ants and concessionaires of any portion of the Property, and their respective
customers, licensees, invitees, employees and agents.
(b) "Easement Areas" shall mean the portions of the Property identi-
fied as access, utility and drainage easements (or combinations thereof) on
Exhibit B attached hereto (the "Easement Plan") which are now or hereafter
made available from time to time by any Owner for the general use and con-
venience of Authorized Persons, such as Access Drives, vehicular driveway
exits and entrances and pedestrian sidewalks, but shall not include buildings
or appurtenant loading docks. The Easement Areas are shown in more detail
on the plat of EAGLE HARDWARE SUBDIVISION NO. 1 as recorded in the
real property records of Pueblo County, Colorado.
(c) "Occupant" shall mean the Owner of a Parcel and any other person
who owns or is in exclusive legal possession of a Parcel.
(d) "Owner" shall mean each person or entity which owns fee simple title
to a Parcel, including Declarant.
(e) "Parcel" shall mean each separately owned portion of the Property,
including any legally distinct lot created by subdivision of the Property.
3. Traffic Easements Declarant hereby establishes and declares the follow-
ing traffic easements over and across the Property:
5/29/96
Book: 2897 Page: 592 Chris C. Munoz
Page: 2 of 7 Pueblo Co.Clk. &Rec.
(a) non - exclusive easements for the purpose of pedestrian traffic of
Authorized Persons over such portions of the Property as may now or hereafter
be improved and utilized from time to time as pedestrian walkways;
(b) non - exclusive easements for the purpose of the driving or parking of
motor vehicles by any Authorized Person on the access drives on the Property
which are improved now or in the future for such purposes (the "Access
Drives "); and
(c) non - exclusive easements for the purpose of furnishing access between
any of the Access Drives and the public streets and ways abutting the Property at
the points approved for access by the governmental authorities having jurisdic-
tion.
The Easement Plan shows the approved location of the Access Drives to be located on
the Property. The easements granted in this paragraph are limited to purposes con-
nected with or incidental to usual and customary use being made of the Access Drives by
an Authorized Person. No Owner will cause or permit the construction of any barricade
or other divider for the purpose of prohibiting or discouraging the free and uninterrupted
flow of vehicular or pedestrian traffic over the Easement Areas of the Property, except
any temporary barriers as may be necessary or advisable from time to time to avoid the
possibility of dedicating any such areas for public use or creating prescriptive rights
therein.
4. Water Drainage and Detention
(a) Declarant hereby establishes and declares a non - exclusive easement
over and across the areas of the Property which are paved from time to time for
the flow of a reasonable volume of surface water to the nearest drainage catch
basins or waterways; provided, however, that the effect of all improvements on
drainage of surface water shall be consistent with the overall surface water
drainage plan for the Property, and shall not alter the flow of surface water onto
any other Parcel in a manner which would materially increase the volume, or
materially decrease the purity or quality, of the surface water.
(b) The Owners shall construct, maintain, repair and replace, if
necessary, a system of pipes, grates, manholes, curb inlets and other elements for
the control and detention of surface water (collectively, the "Storm Sewer
System "), which is expected to utilize the drainage easement areas shown on the
Easement Plan and shall include a detention area located on the portion of the
Property identified on the Easement Plan (the "Detention Pond "). The Owners
shall enter into joint contracts for the construction and necessary maintenance
(including insurance) of the Storm Sewer System, and each Owner shall be
responsible for paying a portion of the cost of such construction and maintenance
2
Book: 2897 Page: 593 Chris C. Munoz
Page: 3 of 7 Pueblo Co.Clk. &Rec.
equal to the ratio between the area of such Owner's Parcel and the area of the
entire Property.
(c) Declarant hereby establishes and declares a non - exclusive easement
over and across the portions of the Property identified on the Easement Plan as
Access, Utility and Drainage Easements for the construction, maintenance, repair
and replacement, if necessary, of a sanitary sewer system serving the Property
(the "Sewer System "). Each Owner shall, at his own expense, maintain in good
condition and repair the elements of the Sewer System which are located on such
Owner's Parcel. In addition, the Owner of Lot 2, EAGLE HARDWARE
SUBDIVISION NO. 1 shall maintain the existing sanitary sewer main within the
existing 25' sanitary sewer and drainage easement as recorded in Book 2019 at
Page 263 of the real property records of Pueblo County, Colorado, which abuts
Lot 2 as shown on the Easement Plan; provided, however, that each Owner shall
be responsible for paying a portion of the cost of such maintenance equal to the
ratio between the area of such Owner's Parcel and the area of the entire Property.
5. Maintenance of Easement Areas Each Owner of any Parcel shall, at his
own expense, maintain his Parcel in accordance with all applicable laws and otherwise in
good condition and repair at all times, including, without limitation, the following:
(a) maintaining the surface and subsurface of Easement Areas in a level,
smooth and evenly - covered condition with the type of surfacing material
originally installed or such substitute as shall in all respects be at least equal in
quality, use and durability;
(b) removing all papers, ice and snow, mud and sand, debris, filth and
refuse and thoroughly sweeping the area to the extent reasonably necessary to
keep the area in a clean and orderly condition; and
(c) placing, keeping in repair and replacing any necessary or appropriate
directional signs, markers and lines.
The Owners shall endeavor in good faith to cooperate on matters of maintenance which
might benefit from coordination, such as snow removal and maintenance of Access
Drives. In the event that any Owner fails to maintain his Parcel in accordance with the
foregoing, any other Owner (the "Performing Owner ") may perform such maintenance
(or cause such maintenance to be performed) at the expense of such nonperforming
Owner (the "Defaulting Owner ") after thirty (30) days' written notice to the Defaulting
Owner specifying the nature of such failure and requesting that the unsatisfactory
condition be remedied. Notwithstanding the foregoing, however, if the failure of the
Defaulting Owner to perform such maintenance results in an emergency condition which
cannot reasonably be permitted to continue for the 30-day notice period, the Performing
Owner may perform the necessary maintenance immediately after providing five (5)
days' notice to the Defaulting Owner specifying the condition and the grounds for the
Book: 2897 Page: 594 Chris C. Munoz
Page: 4 of 7 Pueblo Co.Clk. &Rec.
emergency. The Performing Owner shall be entitled to reimbursement in full for
the costs of such maintenance within ten (10) days after presentation of a reasonably
detailed statement of the work performed and the expenses attributable to such work.
6. Taxes Each Owner shall pay, or cause to be paid, all real and per-
sonal property taxes and assessments levied against his Parcel.
7. Miscellaneous Provisions
(a) No Public Dedication Nothing contained herein is intended as a
gift or dedication of any portion of the Property to the general public or for
the use of the general public for any purpose whatsoever.
(b) Nature of Declaration This Declaration, and all easements, re-
strictions and conditions contained herein (whether affirmative or negative in
nature) are made for the direct, mutual and reciprocal benefit of the Parcels,
shall constitute covenants running with the land, and shall inure to the benefit
of, and be binding upon, every person hereafter having any fee, leasehold,
mortgage or other interest in a Parcel or any portion thereof.
(c) Amendment This Declaration may only be amended by a writ-
ing executed by or on behalf of all the then- Owners of the Parcels.
(d) Duration of Declaration This Declaration shall continue in full
force and effect until the 40th anniversary of the recording of this Declaration
(the "Termination Date "), and shall then terminate; provided, however, that
(i) the Termination Date may be extended for an indefinite number of con-
secutive 10 -year periods by agreement of the Owners, duly confirmed by an
instrument in writing recorded in the real property records in which this Dec-
laration is recorded, and (ii) the access easements hereby granted shall con-
tinue thereafter so long as they remain necessary for access between any Par-
cel and public streets.
(e) Waiver No waiver of any violation of this Declaration shall be
construed as, or constitute, a waiver of any other breach or a waiver, acquies-
cence in or consent to any further or succeeding violation of the same or any
other provision of this Declaration.
(f) Severability If any term or provision of this Declaration shall, to
any extent, be held invalid or unenforceable, the remaining terms and provisions
of this Declaration shall not be affected thereby, but each remaining term and
provision shall be valid and enforced to the fullest extent permitted by law.
(g) Governing Law This Declaration shall be governed by, and con-
strued in accordance with, the laws of the State of Colorado.
Book: 2897 Page: 595 Chris C. Munoz
Page: 5 of 7 Pueblo Ca.C1k.&Rec.
(h) Headings; Number; Gender The headings herein are inserted only
for convenient reference, and in no way define, limit or describe the scope or in-
tent of this Declaration or in any way affect the terms or provisions hereof. The
singular number includes the plural and the masculine gender includes all gen-
ders.
(i) Notices All notices under this Declaration shall be given in writing
and shall be effective for all purposes if hand delivered or sent by certified United
States Mail, postage prepaid, or by prepaid expedited courier service, with proof
of delivery or attempted delivery, addressed to the intended recipient at his prin-
cipal place of business.
IN WITNESS WHEREOF, Declarant has executed this Declaration as of the
date set forth above.
CHANDELLE DEVELOPMENT, LLC,
a Colorado limited liability company
L
Robert C. Goltermann, Manager
STATE OF COLORADO
COUNTY OF DENVER
The foregoing instrument was acknowledged before me the
�— , 1996, by Robert C. Goltermann as Manager of Chandelle
LLC, Colorado limited liability company.
Witness my hand and official seal.
My commission expires: � / 0 LC
hA
s�;• Pu BV \' ;
:Y
I C` 4- day of
Development,
Notary Public
2101 31st Street
Denver, Colnrado 80216
(303) 296 -0444
Book: 2897 Page: 596 Chris C. Munoz
Page: 6 of 7 Pueblo Co.Clk. &Rec.
EXHIBIT A
Lots 1, 2 and 3,
EAGLE HARDWARE SUBDIVISION NO. 1,
County of Pueblo
State of Colorado
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Book: 2897 Page: 597 Chris C. Munoz
Page: 7 of 7 Pueblo Co.Clk. &Rec.
Book: 2897 Page: 597 Chris C. Munoz
Page: 7 of 7 Pueblo Co.Clk. &Rec.
Reception 1124563
06/04/1996
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this 30th day of mU , I 199SL,
by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City% and
C'handel l e T)evel nnment T.T.C.
hereinafter referred to as "Subdivider".
WITNESSETH:
WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the
City and legally described as set forth in Exhibit OA7, which is attached hereto and incorporated herein; and
WHEREAS, the Subdivider, as a condition of approval of the final plat of Eagle Hardware No. 1
Subdivision, wishes to enter into this Subdivision Improvements Agreement as
authorized by Chapter 4, Title XII of the 1971 Code of Ordinances; and
WHEREAS, Subdivider is required pursuant to Section 12- 4 -7(J) of the 1971 Code of Ordinances of the
City to construct and install certain public improvements as set forth in Exhibit "B ", which is attached hereto
and incorporated herein; and
WHEREAS, pursuant to Chapter 4, Title XII of the 1971 Code of ordinances Subdivider is obligated to
provide security or collateral sufficient in the judgment of the City Council to make reasonable provisions for
the construction and completion of the required public improvements set forth in Exhibit "B ".
NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and
Subdivider agree as follows:
1. Subdivider agrees within one hundred and eighty (180) days after application for a building permit
to construct any building or structure on any building site within the subdivision, or upon the issuance of a
certificate of occupancy for any such building or structure, whichever is sooner, to construct and install at his
sole 'cost and expense all of those public improvements set forth in Exhibit "B ", which is attached hereto and
incorporated herein.
2. In lieu of installing the required public improvements set forth in Exhibit "B" within one hundred
eighty (180) days, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash
or other collateral with the Director of Finance of the City, or with any bank or trust company licensed in the
State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or
collateral shall pay all or any portion thereof to the City upon demand after the time for completion of all
required improvements by Subdivider or subsequent owner shall have expired. Such deposit or escrow
agreement shall be hereinafter referred to as the "deposit."
3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating
the total costs of all uncompleted improvements required by this section within the block at the time
application for building permit is made. The amount of the deposit required by this alternative shall be not
less than 25% of such estimate plus the costs of extending all required sewer and water lines from the
nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus
the costs of extending curb, gutter, sidewalk and paving from the edge of the subdivision or existing
improvements of a like nature whichever is nearer to the proposed building site. In any case where the block,
as hereinafter defined, shalt exceed one thousand (1,000') feet in length between intersecting streets, the
estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all
uncompleted improvements in at least one -hart of such block, and the required deposit shall be based upon
such decreased estimate, provided, however. Subdivider shall undertake to provide a turnaround of at least
sixty (60') feet in diameter at the mid -block point and barricade said streets so that no through traffic shall be
permitted beyond the point to which the estimate of the Director of Public Works is based.
4. Within one hundred eighty (180) days after subsequent application for a building permit to construct
any building or structure upon any building site within the block, or upon the issuance of a certificate of
occupancy for any such building or structure, whichever is sooner, Subdivider shall likewise deposit an
amount not less than the estimate of the Director of Public Works for all required improvements from existing
improvements to the proposed building site, less any previous deposits made hereunder upon building sites
lying between the most recently proposed site and existing improvement.
-1-
Book: 2897 Page: 581 Chris C. Munoz
Page: 2 of 10 Pueblo Co.Clk. &Rec.
5. The City may treat the amount of such deposit as a debt due the City from Subdivider or
subsequent owner, which debt shall be a Gen upon all the land in the Subdivision and notice of lien may be
filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon
such debt may be instituted by the City within sic (6) years from the date of filing such lien for record. All
remedies provided for herein are cumulative and the use of one shall not prohibit the use of another.
6. Upon payment of each such deposit, the City Director of Public Works shall release the proposed
building site from the terms of this Agreement.
7. As a condition of approval of this Subdivision, and to meet the requirements of Section 12- 4 -7(J) of
the 1971 Code of Ordinances, Subdivider specifically agrees that no certificate of occupancy shall be issued
by the Pueblo Regional Building Department until a certificate of compliance has been approved and issued
by the City Director of Public Works and duty recorded in the Office of the Pueblo County Clerk and Recorder
which certifies that those public improvements set forth in Exhibit "B ", or that portion of said improvements as
shall be necessary to totally serve specific lot(s) or block(s) for which building permits or certificates of
occupancy are sought and which are covered by a particular certificate of compliance, have been property
designed, engineered, constructed, and accepted as meeting the specifications and standards of the City.
These restrictions on the issuance of certificates of occupancy shall run with the land and shall extend
to and be binding upon the heirs, executors, legal representatives, successors and assigns of Subdivider and
may be specifically enforced by the City.
8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, park,
and other public improvements for maintenance by the City. Until such roads and other park and public
improvements have been installed and meet the requirements, standards, and specifications of the City, its
Subdivision ordinances, and any applicable Parks Department specifications, and such are specifically
approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of
Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said
roads, park and other public improvements and rights of way are the sole responsibility of the Subdivider or
any subsequent owner(s) of the land within this Subdivision.
9. The required time for completion of all such improvements by Subdivider within such block shall be
one (1) year from the date of application for the first building permit issued within such block. Upon
completion and written approval and acceptance of such improvements within the required time and the
payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of
Subdivider relating to such improvements within such block to be released. If said improvements are not
completed within the required time, the City Director of Public Works may cause the proceeds of all deposits
or other collateral or monies in escrow to be used to complete the same. If sufficient monies are available at
the end of the required time to complete all such improvements herein required for the entire length of such
block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced in cash and
shall deposit the same with the Director of Finance and such cash shall be used to complete that portion of
the improvements the Director of Public Works shall determine. Until all improvements are completed and
approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and
responsible therefor.
10. For purposes of this Agreement, the word "block" shall mean both tiers of lots fronting or abutting
upon the street which the proposed building or structure shall front to the rear property line of such lots, or
the center Gne of the alley, 0 there is an alley, enclosed at either end by a street which intersects both tiers
of lots, and shall include the full width of all streets upon which such lots abut.
11. Subdivider agrees to provide the City with a current title insurance commitment at the time of final
platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free
and clear of any and all encumbrances. If such land is not free and clear, the holder of such indebtedness
shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions.
12. It is mutually agreed that the City or any purchaser of any lot(s) within this Subdivision shall have
the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this
Agreement or any amendment thereto. Such authority shall include the right to compel rescission of any sale,
conveyance, or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this
Agreement.
13. The parties hereto mutually agree that this Agreement may be amended from time to time by
mutual consent provided that such amendment be in writing and be signed by all parties hereto.
14. This Agreement shall extend to and be binding upon the successors and assigns of the City and
upon the heirs, administrators, executors, successors, assigns, and legal representatives of Subdivider, and
shall be placed on record in the office of the County Clerk and Recorder of Pueblo County, Colorado, and
shall constitute an agreement running with the land until released as hereinabove set forth.
5,a
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its
duly authorized and acting officers and the seal of the Subdivider set hereon.
Book: 2897 Page: 582 Chris C. Munoz
Page: 3 of 10 Pueblo Co.C1k.&Rec.
Chandelle Development, LL
By
(S E A L) Robert C. Goltermann, Manager
STATE OF COLORADO)
SS.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this r� day
Of til LL' ' 1991- by / �O�r t T C �! I-) ¢ r vine+ .n /� �, as Manager of
Chandelle Aevelopment.
My commission expires: 0111 I 7
(S 4.,A L)
• �� �; OTA
'y
� •taFO
a 0 '
J «:-•' ..
Rz r r City Clerk
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
Notary Public
Address: 2101 31st Street
Denver, Colorado 80216
(303) 296 -0444
CITY OF PUEBLO, a Municipal Corporation
By
Preskierg he Council
The foregoing instrument was acknowledged before me this 30th day
of may , 199 99-L, by Fay B. Kastelic , as President of City
Coune 1, - and Gina Dutcher as City Clerk of the City of Pueblo, Colorado.
•k6a �,,0.�.tf l F, l /Ir,t
L : My 6ommission expires: W-
MY
APPROVED AS TO FORM:
City omey
N6tary Public ZZ i
Address: °1 c. oo (h L
,Co 9coa -3
Book: 2897 Page: 583 Chris C. Munoz
Page: 4 of 10 Pueblo Co.Clk. &Rec.
LEGAL DESCRIPTION:
A TRACT OF LAND BEING A PORTION OF THE SOUTH HALF OF THE NORTHWEST
QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
13, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF
PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE LINE BETWEEN A NO. 5 REBAR WITH A YELLOW
PLASTIC SURVEYOR'S CAP STAMPED LS 6128 AT THE
SOUTHEAST CORNER OF LOT 2, BLOCK 1, CRANE
SUBDIVISION, RECORDED IN BOOK 2268 AT PAGE 142,
PUEBLO COUNTY RECORDS AND A NO. 4 REBAR WITH
A YELLOW PLASTIC SURVEYOR'S CAP STAMPED LS
12933 AT THE SOUTHWEST CORNER OF GATEWAY
PLAZA, RECORDED IN BOOK 2791 AT PAGE 117, PUEBLO
COUNTY RECORDS, IS ASSUMED TO BEAR
N78'02'00 "W, WITH A DISTANCE OF 2365.29 FEET.
COMMENCING AT THE NORTHERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY 50 WEST AND
THE SOUTHWESTERLY CORNER OF SAID CRANE SUBDIVISION, SAID POINT BEING THE
POINT OF BEGINNING; THENCE N78'02'00 "W, ALONG THE SAID NORTHERLY RIGHT -OF-
WAY LINE, A DISTANCE OF 1356.39 FEET TO A POINT ON THE WEST LINE OF SAID SECTION
13; THENCE N00'05'39 "W, ALONG SAID WEST LINE, A DISTANCE OF 391.71 FEET;
THENCE N90'00'00 "E, LEAVING SAID WEST LINE, A DISTANCE OF 464.80 FEET; THENCE
N64'50'00 "E, A DISTANCE OF 953.74 FEET TO A POINT 40.00 FEET WEST OF THE WEST
LINE OF BLOCK 7 OF COLLEGE ROAD SHOPPING CENTER SUBDIVISION, RECORDED IN
BOOK 1680 AT PAGE 416, PUEBLO COUNTY RECORDS; THENCE N00*05'54 "E ON A LINE
40.00 FEET WESTERLY FROM AND PARALLEL WITH SAID WEST LINE OF BLOCK 7, A
DISTANCE OF 351.98 FEET; THENCE S89'54'07 "E ON THE SOUTHERLY LINE OF FOR11NO
BOULEVARD, A DISTANCE OF 40.00 FEET, THENCE SOO'05'54 "W ON THE WESTERLY
LINE OF BLOCK 7, A DISTANCE OF 752.91 FEET; THENCE S89'30'54 "W, A DISTANCE OF
40.00 FEET; THENCE S00'05'54 "W, PARALLEL WITH SAID WEST LINE OF SAID BLOCK 7,
A DISTANCE OF 400.00 FEET TO THE NORTHWEST CORNER OF SAID CRANE SUBDIVISION,
MONUMENTED WITH A NO. 5 REBAR WITH A YELLOW PLASTIC SURVEYOR'S CAP STAMPED
LS 6128; THENCE S00'11'30 "E, ALONG THE WEST LINE OF SAID CRANE SUBDIVISION,
A DISTANCE OF 277.20 FEET TO THE POINT OF BEGINNING.
THIS TRACT CONTAINS 20.917 ACRES.
Book: 2897 Page: 584 Chris C. Munos
Page: 5 of 10 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: Eap-le Hardware Subdivision No. I
DEVELOPER: Chandelle Development
ENGINEER: JR En ing eerinp- Ltd.
IMPROVEMENTS TO U. S. HWY. 50 WEST
(TO BE CONSTRUCTED WITH THIS SUBDIVISION)
DEMOLITION
(Median, Asphalt, C & G, Edge Asp., Etc) 1 Lump Sum $2,000.001L.S. _ $ 2,000.00
ASPHALT
6" HBP Grading "C"
1,775 SY
$ 13.50 /SY =
$ 23,963.00
4" Asphalt Curb
1,420 L.F.
$ 3.00/L.F. _
$
4,260.00
MEDIAN
Raised stamped median (match existing)
8,450 S.F.
$ 3.00 /S.F. _
$ 25,350.00
CONCRETE
6" Standard Median Curb & Gutter
780 L.F.
$ 7.50/EA =
$
5,850.00
WATER MAIN
6" PVC
80 L.F.
$ 12.00/L.F. _
$
960.00
12" x 6" Tees
2 EACH
$ 700.00/EA =
$
1,400.00
Fire Hydrant Assembly
2 EACH
$ 1,800.00/EA =
$
3,600.00
Tap into Existing 12" Main
2 EACH
$ 1,500.00/EA =
$
3,000.00
STORM DRAIN
24" CMP
6.62 L.F.
$ 25.00/L.F. _
$
166.00
24" R.C.P.
244.48 L.F
$ 35.00/L.F. _
$
8,557.00
Type 1 -B MH
1 EACH
$1,300.00/EA =
$
1,300.00
REMOVE AND RELOCATE SIGNS
4 EACH
$ 100.00/EA =
$
400.00
NEW SIGNS
7 EACH
$ 200.00/EA =
$
1,400.00
STRIPING
I Lump Sum
$1,200.00/L.S. _
$
1,200.00
TRAFFIC CONTROL
1 Lump Sum
$2,500.00/L.S. _
$
2,500.00
SEEDING/MULCHING
62,420 S.F.
$ 0.15 /S.F. _
$
9.363.00
U.S. HWY. 50 TOTAL = $ 95,269.00
This is an estimate only. Actual construction costs may vary. This estimate may not include all
construction costs.
PREPARED BY: Marc A. Whorton DATE: May 24, 1996
FIRM: JR En eri Ltd.
REVIEWED BY: L� DATE:
City of Pueblo
Page 1 of 6
Book: 2897 Page: 585 Chris C. Munoz
Page: 6 of 10 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: Eagle Hardware Subdivision No. 1
DEVELOPER: Chandelle Development
ENGINEER: JR Engineering, Ltd.
IMPROVEMENTS TO U. S. HYW. 50 WEST
(FUTURE IMPROVEMENTS REQUIRED BY THE STATE)
CONCRETE
6' Sidewalk 1,200 L.F. $ 12.00/L.F. = $ 14,400.00
Handicap Ramp 3 EACH $ 350.00/EA = $ 1,050.00
6" Standard Curb & Gutter 1,200 L.F. $ 7.501L.F. = $ 9,000.00
STREET LIGHTING
1 Lump Sum $3,600.00/L.S. =
$ 3,600.00
* U.S. HWY. 50 TOTAL
$28,050.00
* Deposit and approved escrow agreement is required for this obligation prior to issuance of any
Certificate of Occupancy within this subdivision.
This is an estimate only. Actual construction costs may vary. This estimate may not include all
construction costs.
PREPARED BY: Marc A. Whorton DATE: May 24, 1996
FIRM: JR Engineering, Ltd.
REVIEWED BY: DATE:
City of Pueblo
Page 2 of 6
Book: 2897 Page: 586 Chris C. Munoz
Page: 7 of 10 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: Eagle Hardware Subdivision No. 1
DEVELOPER: Chandelle Development
ENGINEER: JR Engineering, Ltd.
OUTLOOK BOULEVARD (EAST 1/2 OF STREET ONLY)
ASPHALT 2161 S.Y. $13.50 /S.Y. _ $ 29,174.00
CONCRETE
6" Std. Curb & Gutter 353 L.F. $ 7.50/L.F. = $ 2,648.00
Handicap Ramps 4 EACH $ 700.00/EA = $ 2,800.00
6' Sidewalk 260 L.F. $ 12.00/L.F. = $ 3,120.00
WATER
Raise valves to grade
1 Lump Sum
$1,500.00/L.S. _
$
1,500.00
BARRICADES
24' in length
1 EACH
$ 600.00/EA =
$
600.00
STRIPING
1 Lump Sum
$ 600.00/EA =
$
600.00
STREET LIGHTING
1 Lump Sum
$ 1,075.00/EA =
$
1,075.00
NEW SIGNS
3 EACH
$ 200.00/EA =
$
600.00
OUTLOOK BOULEVARD TOTAL = $ 42,117.00
This is an estimate only. Actual construction costs may vary. This estimate may not include all
construction costs.
PREPARED BY: Marc A. Whorton DATE: May 24, 1996
FIRM: JR Engineering, Ltd.
REVIEWED BY: do - g , DATE:
City of Pueblo
Page 3 of 6
Book: 2897 Page: 587 Chris C. Munoz
Page: 8 of 10 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: Eagle Hardware Subdivision No 1
DEVELOPER: Chandelle Development
ENGINEER: JR Engineering. Ltd
AS ESTIMATED IN THE GATEWAY PLAZA SUBDIVISION
IMPROVEMENT AGREEMENT APPROVED MARCH 141995
FORTINO BLVD. TOTAL $ 67,253.00
DEVELOPER
RESPONSIBILITY (25 %) x .25
* $16,813.25
* Deposit and Approved escrow agreement is required for this obligation prior to issuance of any
Certificate of Occupancy within this subdivision. Fortino Blvd. West will be installed at City's direction
upon availability of funds from other developers or Colorado Department of Transportation.
This is an estimate only. Actual construction costs may vary. This estimate may not include all
construction costs.
PREPARED BY: Marc A Whorton DATE: May 24. 1996
FIRM: JR Engineering. Ltd,
REVIEWED BY: �rC C DATE:
City of Pueblo
Page 4 of 6
Book: 2897 Page: 588 Chris C. Munoz
Page: 9 of 10 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: Eagle Hardware Subdivision No. 1
DEVELOPER: Chandelle Development
ENGINEER: JR En ing eering, Ltd.
MISCELLANEOUS
PRIVATE SANITARY SEWER (ON -SITE)
Remove existing manhole
8" PVC
8" PVCplug
48" Dia. Manhole
48" Dia. Drop Manhole
PRIVATE WATER MAIN (ON -SITE)
4" Service
2" Domestic Services
6" PVC
8" PVC
12" PVC
8" Gate Valve
6" Gate Valve
12" Gate Valve
2" x 2" Tee
12" x 8" Tee
12" x 6" Reducer
Fire Hydrant Assembly
Tap into existing 12" Main
STORM SEWER (ON -SITE)
12"
PVC Storm
18"
R.C.P. Storm
24"
R.C.P. Storm
30"
R.C.P. Storm
42"
R.C.P. Storm
48"
R.C.P. Storm
4' Type "S" Sump Inlet
MISCELLANEOUS SUB -TOTAL
1 Lump Sum
$ 500.00/L. S. =
$
500.00
1086 L.F.
$ 22.00/L.F. =
$ 23,892.00
1 EACH
$ 300.00/EA =
$
300.00
3 EACH
$1,400.00/EA =
$
4,200.00
1 EACH
$1,800.00/EA =
$
1,800.00
108 L.F.
$ 8.001L.F. _
$
864.00
1 Lump Sum
$1,500.00/L.S. _
$
1,500.00
600 L.F.
$12.00/L.F. _
$
7,200.00
30 L.F.
$18.00/L.F. _
$
540.00
981 L.F.
$21.00/L.F. _
$ 20,601.00
1 EACH
$800.00/EA =
$
800.00
7 EACH
$480.00/EA =
$
3,360.00
2 EACH
$1,050.00/EA =
$
2,100.00
1 EACH
$ 400.00/EA =
$
400.00
1 EACH
$ 800.00/EA =
$
800.00
1 EACH
$ 800.00/EA =
$
800.00
4 EACH
$1,800.00/EA =
$
7,200.00
5 EACH
$1,500.00/EA =
$
7,500.00
29.23 L.F.
$ 18.00/L.F. _
$
526.00
44.90 L.F.
$ 29.00/L.F. _
$
1,302.00
784.50 L.F.
$ 36.001L.F. _
$ 28,242.00
115.04 L.F.
$ 42.001L.F. _
$
4,832.00
735.04 L.F.
$ 48.00/L.F. _
$ 35,282.00
519.68 L.F.
$ 60.00/L.F. _
$ 31,181.00
1 EACH
$1,800/EA =
$
1,800.00
$187,522.00
This is an estimate only. Actual construction costs may vary. This estimate may not include all
construction costs.
PREPARED BY: Marc A. Whorton DATE: May 24, 1996
FIRM: JR Engineering, Ltd.
REVIEWED BY: DATE: S/ 94
City of Pueblo
Page 5 of 6
Book: 2897 Page: 589 Chris C. Munoz
Page: 10 of 10 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: Eagle Hardware Subdivision No. 1
DEVELOPER: Chandelle Development
ENGINEER: JR Engineering, L Ltd.
MISCELLANEOUS (CONTINUED)
STORM SEWER/DETENTION (ON -SITE)
6' Type "S" Sump Inlet
10' Type "S" Sump Inlet
14' Type "S" Sump Inlet
18' Type "S" Sump Inlet
42" R.C.P. F.E.S. with Saddle Headwall
48" R.C.P. F.E.S. with Saddle Headwall
10'x 10' Rip Rap Pads
Type 1 C 72" Standard Manhole
Type 1B 60" Standard Manhole
48" x 24" R.C.P. Prefab Wye
42" x 18" Prefab Wye
Mod. Type B City Standard 3.0'x 1.5' Grated Inlet
24" Prefab R.C.P. 45° Bend
1.5' Conc. Trickle Channel
Tie into existing Concrete Channel
CURB CUT ONTO FORTINO BLVD.
(Demolition of C &G)
City Standard driveway entrance
Replacement of C &G
2 EACH
$2,200.00/EA =
$
4,400.00
2 EACH
$3,000.00/EA =
$
6,000.00
1 EACH
$3,800.00/EA =
$
3,800.00
1 EACH
$4,600.00/EA =
$
4,600.00
1 EACH
$1,500.00/EA =
$
1,500.00
1 EACH
$2,000.00/EA =
$
2,000.00
23 C.Y.
$ 35.00 /C.Y. =
$
805.00
4 EACH
$2,200.00/EA =
$
8,800.00
1 EACH
$1,600.00/EA =
$
1,600.00
1 EACH
$1,500.00/EA =
$
1,500.00
2 EACH
$1,200.00/EA =
$
2,400.00
1 EACH
$1,500.00/EA =
$
1,500.00
1 EACH
$ 800.00/EA =
$
800.00
187 L.F.
$ 9.00/L.F. =
$
1,683.00
1 Lump Sum
$4,000.00/L. S. =
$
4,000.00
1 Lump Sum
$500.00/L. S. _
$
500.00
300 S.F.
$3.80 /S.F. _
$
1,140.00
20 L.F.
$7.80/L.F. _
$
156.00
With the addition of a driveway cut along the south side of Fortino Blvd. approximately 400 feet west of
the intersection of Club Manor Drive and Fortino Blvd. This driveway entrance will provide access from
Fortino Blvd. to Lot 2 of Eagle Hardware Subdivision No. 1.
MISCELLANEOUS TOTAL SUB -TOTAL = $ 47,184.00
MISCELLANEOUS TOTAL = $234,706.00
GRAND TOTAL (Escrowed) _ $ 44,863.25
GRAND TOTAL (Constructed) _ $372,092.00
This is an estimate only. Actual construction costs may vary. This estimate may not include all
construction costs.
PREPARED BY: Marc A. Whorton DATE: May 24, 1996
FIRM: JR En ineering, Ltd.
Lt
REVIEWED BY: �(� DATE: 5- 1 -3 019 6
City of Pueblo
Page 6 of 6