Loading...
HomeMy WebLinkAbout06158Reception 1157037 02/12/1997 ORDINANCE NO. 6158 AN ORDINANCE APPROVING THE PLAT OF NORTH PUEBLO COMMERCIAL PARK FILING NO. 4 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The final plat of North Pueblo Commercial Park Filing No. 4 Subdivision, being a subdivision of land legally described as follows: Commencing at the Southwest corner of Lot 7, Block 1, of said North Pueblo Commercial Park, Filing No. 3; Thence North 10 degrees 25 minutes 49 seconds West, along the westerly line of said Lot 7, a distance of 285.66 feet to the Southwest corner of said Lot 6 and the True Point of Begin- ning; Thence North 88 degrees 30 minutes 03 seconds East, along the south line of said Lot 6, a dis- tance of 298.96 feet, to the Northeast corner of said Lot 7, thence South 01 degrees 21 minutes 24 seconds east, along the East line of said Lot 7, a distance of 175.16 feet; thence North 88 degrees 38 minutes 02 seconds East, a distance of 498.78 feet; thence North 13 degrees 04 minutes 54 seconds East, a distance of 436.62 feet to the Northeast corner of said Lot 8, said point being on the Southwesterly right -of -way line of Dillon Drive; thence Northwesterly, along said South- westerly line, and along the arc of a curve to the right through a central angle of 20 degrees 57 minutes 55 seconds an arc distance of 265.29 feet, a radius of 725.00 feet and a chord bearing of North 46 degrees 08 minutes 01 seconds West with a distance of 263.8 feet to the most northerly corner of said Lot 8; thence running along the Northerly line of said Lots 8 and 6, the next three (3) courses: 1) South 56 degrees 43 minutes 14 seconds West, a distance of 6.62 feet; 2) along the arc of a curve to the right through a central angle of 31 degrees 46 minutes 48 seconds an arc distance of 127.57 feet, a radius of 230.00 feet and a chord bearing of South 72 degrees 36 minutes 39 seconds West with a distance of 125.94 feet (3) South 88 degrees Book: 2969 Page: 204 Chris C. Munoz Page: 2 of 3 Pueblo Co.Clk. &Rec. 30 minutes 03 seconds West, a distance of 657.34 feet to the Northwest corner of said Lot 6; thence South 10 degrees 25 minutes 49 seconds East, along the Westerly line of said Lot 6, a distance of 400.86 feet to the point of beginning, containing 444,412 square feet or 10.20 acres, more or less, is hereby approved; and 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. SECTION 3. This ordinance shall be effective immediately upon final passage and approval. IWZ Book: 2969 Page: 205 Chris C. Munoz Page: 3 of 3 Pueblo Co.Clk. &Rec. �r��� *o ATTEST.' INTRODUCED December 23 , 1996 By Al Gurule Councilperson APPROVED Presider of /the Council City Clerk 11/25/96 Reception 1157038 02/12/1997 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this 11th day of February , 199 7 , by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City ", and PORTAL DRIV ASS L L C and YELLOW FREIGHT YSTF'M, TNC'_ , hereinafter referred to as "Subdivider'. WITNESSETH: WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described as set forth in Exhibit "A ", which is attached hereto and incorporated herein; and WHEREAS, the Subdivider, as a condition of approval of the final plat of NORTH PUEBLO CO 24ERC PARK FILING NO, 4 Subdivision, wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the 1971 Code of Ordinances; and WHEREAS, Subdivider is required pursuant to Section 12- 4 -7(J) of the 1971 Code of Ordinances of the City to construct and install certain public improvements as set forth in Exhibit "B ", which is attached hereto and incorporated herein; and WHEREAS, pursuant to Chapter 4, Title XII of the 1971 Code of ordinances Subdivider is obligated to provide security or collateral sufficient in the judgment of the City Council to make reasonable provisions for the construction and completion of the required public improvements set forth in Exhibit "B ". NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and Subdivider agree as follows: 1. Subdivider agrees within one hundred and eighty (180) days after application for a building permit to construct any building or structure on any building site within the subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever is sooner, to construct and install at his sole cost and expense all of those public improvements set forth in Exhibit "B ", which is attached hereto and incorporated herein. 2. In lieu of installing the required public improvements set forth in Exhibit "B" within one hundred eighty (180) days, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the Director of Finance of the City, or with any bank or trust company licensed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time for completion of all required improvements by Subdivider or subsequent owner shall have expired. Such deposit or escrow agreement shall be hereinafter referred to as the "deposit." 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total costs of all uncompleted improvements required by this section within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall be not less than 25% of such estimate plus the costs of extending all required sewer and water lines from the nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the subdivision or existing improvements of a like nature whichever is nearer to the proposed building site. In any case where the block, as hereinafter defined, shall exceed one thousand (1,000) feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted improvements in at least one -Ralf of such black, 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. -11- 5. The City may treat the amount of such deposit as a debt due the City from Subdivider or subsequent owner, which debt shall be a lien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for herein are cumulative and the use of one shall not prohibit the use of another. 6. Upon payment of each such deposit, the City Director of Public Works shall release the proposed building site from the terms of this Agreement. 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 12- 4 -7(J) of the 1971 Code of Ordinances, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until a certificate of compliance has been approved and issued by the City Director of Public Works and duly recorded in the Office of the Pueblo County Clerk and Recorder which 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 properly designed, engineered, constructed, and accepted as meeting the specifications and standards of the City. These restrictions on the issuance of certificates of occupancy shall run with the land and shall extend to and be binding upon the heirs, executors, legal representatives, successors and assigns of Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, park, and other public improvements for maintenance by the City. Until such roads and other park and public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances, and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, park and other public improvements and rights of way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within this Subdivision. 9. The required time for completion of all such improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of such improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of Subdivider relating to such improvements within such block to be released. If said improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to complete the same. If sufficient monies are available at the end of the required time to complete all such improvements herein required for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced in cash and shall deposit the same with the Director of Finance and such cash shall be used to complete that portion of the improvements the Director of Public Works shall determine. Until all improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible therefor. 10. For purposes of this Agreement, the word "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front to the rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots, and shall include the full width of all streets upon which such lots abut. 11. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of any and all encumbrances. If such land is not free and clear, the holder of such indebtedness shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions. 12. It is mutually agreed that the City or any purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment therew, Such authority shat 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. Book: 2969 Page: 207 Chris C. Munoz Page: 2 of 7 Pueblo Co.Clk. &Rec. 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. PORTAL DRIVE ASSOCIATES, L.L.C. Subdivider By (SEAL)__ � ©,,•��,,�p S. CHi�vrzESS STATE OF k yr - ) Printed or Typed Name ss. COUNTY OF L)a f. The foregoing instrument was acknowledged before me this 22" of :Jpoa 1992 by vim► \C �l.��CK"t SS ` , Subdivider. My commission expires: 4(L (SEAI Notary Public Address: C.-L �-L,Lbta OGK Book: 2969 Page: 208 Chris C. Munoz Page: 3 of 7 Pueblo Co.C1k.&Rec. -3.-- 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. j -1 (SEAL) STATE ) COUNTY O„�� ss. YELLOW FREIGHT SYSTEM, INC Subdivider By �4 -�' 1 - 1 1 t i' , '��i (� -, - 1 �h lr Al Printed or Typed Name foregoing instrument was acknowledged before me this day of 199 , by Tf,�D/l� kd - .� ti ;jn , Subdivider. 01 1 n My commission expires: (SEAL) _ wAww�ll► ' J . , \ h *ST• -ar sr 4! " City Clerk CITY OF PUEBLO, a Municipal Corporation By Pr ident o (the Council STATE OF COLORADO) COUNTY OF PUEBLO ) ss. The foregoing instrument was acknowledged before me this day of rLI 199 , by Oa-A A-. � ��� i a , as President of City Council, and (S: t h a- [,t, e - as City Clerk of the City of Pueblo, Colorado. . {� 'Mrcom mission expires: lo1.. 1�j - oo;4P- P�j Q tNC APPROVED AS TO FORM: � J ary Public ddress: F>b (-3oX ! 9 3 FIXe�'Lh , CD E ll)-)- 3 - ........ City Book: 2969 Page: 209 Chris C. Munoz Page: 4 of 7 Pueblo Co.Clk. &Rec. -4- t Book: 2969 Page: 221 Chris C. Munoz Page: 5 of 7 Pueblo Co.Clk. &Rec. 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, County of Pueblo, State of Colorado, more particularly described as follows: Commencing at the Southwest corner of Lot 7, Block 1, North Pueblo Commercial Park Filing No.3; Thence North 10 °25 West, along the Westerly line of said Lot 7, a distance of 285.66' to the Southwest corner of Lot 6, Block 1, North Pueblo Commercial Park Filing No.3 and the True Point of Beginning; Thence North 88 °30 East, along the South line of said Lot 6, a distance of 298.96 to the Northeast corner of said Lot 7; Thence South 01 °21 East, along the east line of said Lot 7, a distance of 175.16 Thence North 88 °38 East, a distance of 498.78 Thence North 13 °04 East, a distance of 436.62 to the Northeast corner of Lot 8, Block 1, North Pueblo Commercial Park Filing No. 3, said point being on the Southwesterly right -of -way line of Dillon Drive: Thence Northwesterly along said southwesterly line, and along the arc of a curve to the right through a central angle of 20 °57 ", an arc distance of 265.29 a radius of 725.00 and a chord bearing of North 46 °08 West, with a distance of 263.81' to the most Northerly corner of said Lot 8; Thence running along the Northerly line of said Lots 8 and 6, the next three (3) courses: 1) South 56 °43 West, a distance of 6.62 2) Along the arc of a curve to the right through a central angle of 31 °46 an arc distance of 127.57 a radius of 230.00 and a chord bearing of South 72 °36 West with a distance of 125.94 3) South 88 °30 West, a distance of 657.34' to the Northwest corner of said Lot 6; Thence South 10 °25 East, along the Westerly line of said Lot 6, a distance of 400.86' to the Point of Beginning. EXHIBIT "A" EXHIBIT "B" IMPROVEMENTS SUBDIVISION NAME "Eagleridge" North Pueblo Commercial Park Filing No. 4 DEVELOPER: GRACO Real Estate Development Inc. /Portal Drive Associates, LLC ENGINEER: CLC Associates, Inc. DILLON DRIVE - 60 F.L. /100' R.O.W 6" Std. Curb and Gutter: 3,300 LF @ 7.80 /1-F $25,740.00 Paving: (10" asphalt): 11,350 SY @ 20.50 /SY 232,675.00 6' Sidewalk: 18,600 SF @ 2.50 /SF 46,500.00 Monument Boxes: 3 EA @ 450.00 /EA 1,350.00 Street Lights: 1 EA @ 1,000 /EA 1,000.00 Crosspans: 800 SF @ 3.80 /SF 3,040.00 Handicap Ramps: 100 SF @ 3.50 /SF 350.00 Barricades: 2 EA @ 1000.00 /EA 2,000.00 Landscape Parkwy .08 AC @ 16,200/AC 1.300.00 SUBTOTAL $313,955.00 WATER 12" Main: 220 LF @ 29.22/LF $6,430.00 Service Lines: 1 EA @ 500 /EA 500.00 Fire Hydrant Assembly: 1 EA @ 1,800.00 /EA 1.800.00 SUBTOTAL $8,730.00 SANITARY SEWER Adjust Manholes: 1 EA @ 500.00 /EA $500.00 60" Manholes: 4 EA @ 2,500 /EA 10,000.00 18" Main: 845 LF @ 35 /LF 29,575.00 48" Manhole: 3 EA @ 1,500 4,500.00 8" Main 618 LF @ 22.00 13,596.00 Cleanouts: 1 EA @ 750.00 750.00 Service Lines: Lot 2, Blk 1 6" Service 1 EA @ 2000 /EA 2,000.00 Lot 1, Blk 1 6" Service 1 EA @ 500 /EA 500.00 Alt. 6" Service (Fil 3) - 1 EA @ 2,000 /EA 2,000.00 SUBTOTAL $63,421.00 STORM SEWER 15" CPP, 55 LF @ $27.00 /1-F $1,485.00 18" CPP, 224 LF @ $29.00 /1-F $6,496.00 24" CPP, 301 LF @ $36.00 /LF $10,836.00 30" CPP, 136 LF @ $42/1-F $5,712.00 36" CPP, 62 LF @ $50.00 /1-F $3,100.00 60" RCP, 201 LF @ $126.00/1-F $25,326.00 78" RCP, 164 LF @ $150 /1-F $24,600.00 Type "S" Inlet (10') 1 EA @ $3,000 /EA $3,000.00 Type "S" Inlet (15') 3 EA @ $4,000 /EA $12,000.00 Manholes (60 ") 2 EA @ $1,600 /EA $3,200.00 Manholes (72 ") 2 EA @ $2,500 /EA $5,000.00 Manholes (Special) 1 EA @ $3,000 /EA $3,000.00 F.E.S. 1 EA @ $2,500 /EA $2,500.00 Outlet Structure 1 EA @ $4,000 /EA $4,000.00 Concrete Trickle Channel 400 LF @ $15/1-17 $600.00 Planting and Vegetation 5 AC @ $6,000 /AC $30,000.00 Riprap Outlet 6 CY @ $50.00 /CY $300.00 SUBTOTAL $141,155.00 Book: 2969 Page: 211 Chris C. Munoz Page: 6 of 7 Pueblo Co.C1k.&Aec. EARTHWORK 2,500 CY @ 2.00 /CY EROSION CONTROL 1 LS @ 1,000.00 PREP/ FIRM: REVIE SUBTOTAL GRAND TOTAL $5,000.00 $ 1,000.00 $6,000.00 $533,261.00 1101 �z Date . /a -5 7 City of Pueblo Date Book: 2969 Page: 212 Chris C. Munoz Page: 7 of 7 Pueblo Co.Clk. &Rec. Reception 1157039 02/12/1997 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR NORTH PUEBLO COMMERCIAL PARR FILING NO. 4 THIS AGREEMENT is made on the 11th day of February , 1997, between Portal Drive Associates, L.L.C., and Yellow Freight System, 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 an Indiana corporation; and WHEREAS, City has a responsibility to its residents 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 Improvements Agreement for North Pueblo Commercial Park Filing No. 4 ( "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: 1. 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 ($100,000 estimated average cost of signalization per intersection x 60% - 4,851 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 actual 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. 2. 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 determined by appraisal. Subdivider's contribution shall be due within thirty (30) days following the end of the first year following the filing of the final plat for Subdivider's development. Said contribution shall be on the then existing and /or reasonably 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 Page 1 of 4 Book: 2969 Page: 214 Chris C. Munoz Page: 2 of 4 Pueblo Co.Clk. &Rec. 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. 3. 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 as part of the improvements for the Subdivision (the "Storm 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 15 %, from the owners of the lots within the Subdivision. 4. Anything contained elsewhere in the Subdivision Improvements Agreement and /or this Addendum to the contrary notwithstanding, 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. Yellow Freight System, Inc. joins in execution of the Subdivision Improvements Agreement and this Addendum solely for the purpose of evidencing its consent to the terms and provisions thereof. ____ ___ INITIAL PORTAL YEWQW Le I B - - - - -- - - - -- - 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 thereof. Portal Drive Associates, L.L.C. has entered or may enter into separate agreements with Yellow Freight System, Inc. and /or other owners of lots 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. 5. This Addendum shall be incorporated and become part of the Subdivision Improvements Agreement for North Pueblo Commercial Park Filing No. 4, recorded on the day of , 1997, in Book , at Page , 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. 4 ( "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. 6. 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 Page 2 of 4 Book: 2969 Page: 215 Chris C. Munoz Page: 3 of 4 Pueblo Co.Clk. &Aec. 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 record in the office of the County Clerk and Recorder of Pueblo County, Colorado, except that City shall not be obligated to release its right and /or the obligations of Subdivider and the other owners of lots within the Subdivision pursuant to Paragraph 3 of this Addendum. 7. 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. SUBDIVIDER: PORTAL DRIVE ASSOCIATES, L.L.C., a Texas Limited Liability Company By: 1 c( 'S' c:tu • ',t . Name: !24z 15. G V4i MC-5 Title uTHOi -ILeD 1" (r= tg;or- SUBDIVIDER: YELLOW FREIGHT SYSTEM, INC., an Indiana Corporation �7 By: Name. ^ Titl CITY OF PUEBLO, a Municipal Corporation By: cz� Name • Cath A. Garcia Title: President of the Council Page 3 of 4 STATE OF § S.S. COUNTY OF § Book: 2969 Page: 216 Chris C. Munoz Page: 4 of 4 Pueblo Co.Clk. &Rec. - Subscribed and swor before me on by 0 5 - ' , authorized member of PORTAL A O IATES, L.L.C., a exas limi ed liability company. ` Notary Public My commission expires on: 41ay f STATE OF S COUNTY OF Subscribed and sworn S.S. 1997, DRIVE before me on 4 1997, its / 4 of SYSTEM, INC., an Indiana corporation. otai2$'Public My commission expires on: 'l� � WWP ornEw u4rwe* STATE OF ODIaradr, § S.S. COUNTY OF l 1p_b I b § Subscribed and sworn before me on N , 1997, President of the Pueblo City Council. a , ) ,Pubic 1 issjbn expires on: APPROVED AS TO FORM: City At o ey Page 4 of 4 Reception 1157040 02/12/1997 DECLARATION OF COVENANTS CONCERNING DRAINAGE AND DETENTION EASEMENTS, PRIVATE SANITARY SEWER EASEMENTS AND PRIVATE ACCESS ROAD EASEMENTS FOR NORTH PUEBLO COMMERCIAL PARR FILING NO. 4 This Declaration of Covenants (the "Declaration ") is executed as of the later of the dates written opposite each signature, by PORTAL DRIVE ASSOCIATES, L.L.C., a Texas limited liability company ( "Portal Drive "), YELLOW FREIGHT SYSTEM, INC., an Indiana Corporation ( "Yellow Freight "), and EAGLERIDGE ASSOCIATES, L.L.C., a Texas limited liability company doing business in Colorado as PUEBLO EAGLERIDGE ASSOCIATES, L.L.C. ( "Eagleridge "). RECITALS This Declaration is made concerning the following: A. Portal Drive owns the real property described in Exhibit " A " attached hereto and made a part hereof for all purposes (the "Portal Drive Property "). Yellow Freight owns the real property described in Exhibit "B" attached hereto and made a part hereof for all purposes (the "Yellow Freight Property "). The Portal Drive Property and the Yellow Freight Property is or will be platted as Block 1, Lots 1 and 2, North Pueblo Commercial Park Filing No. 4 in the City of Pueblo, Pueblo County, Colorado. The Portal Drive Property and the Yellow Freight Property constitute the entire North Pueblo Commercial Park Filing No. 4 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. Eagleridge owns the real property described as Lot 5, Block 1, North Pueblo Commercial Park Filing No. 3 D. Portal Drive and Yellow Freight 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 shown on the plat of the Subdivision and the storm water detention facilities located on the Detention Easement. Now, therefore, Portal Drive and Yellow Freight declare that the Subdivision is and shall be held, transferred, sold, conveyed, occupied and used subject to the following covenants, conditions and restrictions: 1. 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. Book: 2969 Page: 218 Chris C. Munoz Page: 2 of 7 Pueblo Co.Clk.&Rec. 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, Block 1, North Pueblo Commercial Park Filing No. 3 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, Block 1, North Pueblo Commercial Park Filing No. 3 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, storm 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. D. Eagleridge joins in execution of this instrument solely to evidence its agreement to the provisions of Paragraph 2.B. above. 3. General provisions: A. Terms: These covenants shall run with the land and shall be binding on all parties and all persons claiming under them. B. Enforcement: Enforcement shall be by proceeding at law or equity against any person or entity violating, attempting to violate or not complying with any of these covenants. The enforcing party may seek and obtain recovery of damages, injunctive relief or both and attorney's fees. 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. -2- N Book: 2969 Page' 219 pueblo munoz Page: 3 of 7 &Rec. In witness whereof the following have set their hand as of the day and date below written: PORTAL DRIVE ASSOCIATES, L.L.C., a Texas limited l�i,,ab(ility company By: 2,.s G�S C�k - 'e' .o Name: Its: YELLOW FREIGHT SYSTEM, INC., an Indiana corporation By: Name: �v4.n r tax zk Its: EAGLERIDGE ASSOCIATES, L.L.C., a Texas limited liability company doing business in Colorado as PUEBLO EAGLERIDGE ASSOCIATES, L.L.C. By : t2,, � 'E> C - Zja .o Name: P-46► -LAL-r, S, GHtL-L Its: AuTHoC=IZ�D MECMOeO- 9 Date • � 15 1 /a 7 Date: Date • -3- M Book: 2969 Page: 220 Chris C. Munoz Page: 4 of 7 Pueblo Co.C1k.&Rec. THE STATE OF § S.S. COUNTY OF § The foregoi instrument was acknowledged before me on the day of , 1997, by RONALD S. CHILDRESS , Auth rized Member of POJZTAL DRIVE ASSOCIATES, L.L.C., a Texas limi ed liability com y, on be if of said company. NOTARY PUBLIC My Commission Expires: THE STATE OF iC14S § COUNTY OF D,UAISQJ § S.S. The foregoing instrument was acknowled ed before me on the 4j day of , 1997, by oWy s of YELLOW FREIGHT SYSTEM, INC., an Indiana corp ratioN pa behalf of said corporation. f4OTAR PUBLIC ~� ""MMORMS My Commission Ex ires: 't-1. 0 O NNfARYK" STATE OF KVW THE STATE OF (Q�JtN- § ,J S.S. COUNTY OF ►,, �I § The forego instrument was acknowledged before me on the day of ` P4 1',2_ , 1997, by RONALD S. CHILDRESS, Authorized Memb of EAGLERIDGE ASSOCIATES, L.L.C., a Texas limited liability company doing business in Colorado as PUEBLO EAGLERIDGE ASSOCIATES, L.L.C., on C be al� of said com an . � O I NOTARY PUBLIC `�Q''YP f � QQ: ZPR Vg .9 My Commission Expires: co -4- k Book: 2969 Page: 222 Chris C. Munoz Page: 6 of 7 Pueblo Co.C1k.&Rec. EXHIBIT "B" A part of the Northeast quarter of Section 13, Township 20 South, Range 65 West, of the Sixth Principal Meridian, City of Pueblo, County of Pueblo, State of Colorado, more particularly described as follows: Commencing at the Southeast corner of Lot 7, Block 1 of North Pueblo Commercial Park Filing No. 3, a subdivision recorded in the office of the Pueblo County Clerk and Recorder; thence North 01 °21 West, along the East line of said Lot 7, a distance of 106.49' to the True Point of Beginning; Thence North 88 °38 East, a distance of 498.78 Thence North 13 °04 East, a distance of 262.01' to the Southeast corner of Lot 8, Block 1, of said North Pueblo Commercial Park Filing No. 3; Thence South 88 °17 West, along the South line of said subdivision, a distance of 564.12' to an angle point in said South line; Thence South 01 °21 East, along the East line of said subdivision, a distance of 250.28' to the Point of Beginning. EXHIBIT "B" Book: 2969 Page: 223 Chris C. Munoz Page: 7 of 7 Pueblo Co.Clk. &Rec. EXHI BIT T / DRAINAGE EASEMENT NE CO SEC. 13. T20S, R65W, 6TH PM 3" ALUM. CAP LS 10093 N1 3'04'54 "E 69.27' S75'41' 37 "E • 37.13' I) N13'04 54 "E / S6 6 30.01' / // / // 48, Te " N75'41'37 "W / / S39'2355 "E 26.66' /' 28.84' ho I N39'23'55 "W 42.05' A j �ff �fl/ Q N w AZ / In Q cv 0 4W N Z e-to't1'47" R =1906.25' �Q o 0 L =339.24' % % / z o M CD— S18'26'02 "W i' z z / % LC- 338.79 i POINT OF E 1/4 COR. SEC. 13 BEGINNING ��� /;/ ;' ,/ / T20S, R65W, 6TH PM 1" STEEL PIN IN CONC. -. -- S88'24'57 "W 292.08' 5 U•U' IN MONUMENT CASE r ' 35 ' 03 " E 40TH STREET _ 0.00' r 861.36 S88'24'57 "W r S -LINE OF THE NE 1/4 OF SEC. 13 LEGAL DESCRIPTION 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 WHICII 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 SOU111 LINE OF SAID NORTHEAST QUARTER. A DISTANCE OF 861.36 FEET; THENCE NOR111 01 DEGREES 35 MINUTES 03 SECONDS WEST, A DISTANCE OF 60.00 FEET TO A POINT ON THE NORTH RIGHT —OF —WAY LINE OF 40111 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; (HENCE NOR II 113 DEGREES 04 MINUTES 54 SECONDS EAST, A DISTANCE OF 30.01 FEET; THENCE SOUTi1 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 NORM( 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 IHE 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 TIIROUGH 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 MINUIES 02 SECONDS WEST, Willi A DISTANCE OF 338.79 FEET TO THE NORTH RIGIiT -OF -WAY LINE OF SAID 40111 STREET; THENCE SOUTH 86 DEGREES 24 MINUTES 57 SECONDS WEST, ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 292.08 FEET TO I11E POINT OF BEGINNING, CONTAINING 189,966 SQUARE FEET OR 4.36 ACRES, MORE OR LESS. Reception 1157041 02/12/1997 EASEMENT This Easement made this 3o day of J 4,A v Ae 1997 between EAGLERIDGE ASSOCIATES, L.L.C., a Texas limited liability company doing business in Colorado as PUEBLO EAGLERIDGE ASSOCIATES, L.L.C., and PORTAL DRIVE ASSOCIATES, L.L.C., a Texas limited liability company (collectively, the "Grantor ") and the CITY OF PUEBLO, a Municipal corporation, 1 City Hall Place, Pueblo, Colorado 81003 (the "Grantee "). WITNESSETH: In consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantor, Grantor grants and conveys to Grantee, its successors, assigns, and agents an easement and right -of -way in perpetuity, and the right to construct, operate, maintain, remove and replace such sanitary sewer lines, mains and other public facilities, from time to time, as Grantee may require, upon, over, under and across the real property located in Pueblo County, Colorado and described on the attached Exhibit "A" (the "Property"). 1. Grantor reserves the right to use the Property for purposes not inconsistent with the rights herein granted, provided Grantor shall not erect or place any structures, buildings or trees on the Property and Grantee shall not be liable for their removal if they are so placed. 2. Grantor grants to Grantee the right of ingress and egress over and across the real property of the Grantor adjoining the Property for the purpose of constructing, operating, maintaining, removing or replacing sanitary sewer lines, mains and other public facilities. 3. Grantor covenants and warrants that Grantor is the owner in fee of the Property, has good and lawful right to convey the Property, and the Property is free of all liens and encumbrances except mortgages or deeds of trust in favor of GUARANTY FEDERAL BANK, F.S.B. and AMERICAN BANK OF COMMERCE, Wolfforth, Texas, who have consented to the granting of this easement. 4. Grantee shall restore Grantor's property damaged during Grantee's construction and maintenance operations to as near original condition as reasonably possible. 5. This Easement shall run with the land and be binding upon and inure to the benefit of the Grantee and Grantor and their respective heirs, personal representatives, t Book: 2969 Page: 225 Chris C. Munoz Page: 2 of 5 Pueblo Co.Clk. &Rec. successors and assigns. The singular includes the plural and the masculine includes the feminine and neuter. GRANTOR: EAGLERIDGE ASSOCIATES, L.L.C., a Texas limited liability company doing business in Colorado as PUEBLO EAGLERIDGE ASSOCIATES, L.L.C. By: � S. ct 0 Its: Authorized Member PORTAL DRIVE ASSOCIATES, L.L.C., a Texas limited liability company B F- d Its: Authorized Member THE STATE OF TEXAS § COUNTY OF LUBBOCK § The foregoing instrument was acknowled ed before me on the day of Yf - nu��Yw 1997, by T,a.1 a 5 Authorized ( IMember of EAGLERIDGE ASSOCIATES, L.L.C., a Texas limited liability company, on behalf of said company. Notary Public, State of T exas Printed Nam - � - -t c, �7 : Sr c My commission expir `-� 11.4 ! LL L - , -� -2- Book: 2969 Page: 226 Chris C. Munoz Page: 3 of 5 Pueblo Co.C1k.&Rec. THE STATE - OF TEXAS COUNTY OF LUBBOCK M The foregoing instrument was acknowledged before me on the day of 1997, by Authorized Me ber of PORTAL DRIVE ASSOCIATES, L.L.C., a Texas limited liability company, on behalf of said company. - 0 E Notary Pub , tate of Teas Printed Na L^ art, � Or al My commission expir `li 4 CONSENT TO GRANT OF EASEMENT For value received, the undersigned consents to the grant of the foregoing easement and subordinates its interest in the Property described to said easement. GUARANTY FEDERAL BANK, F.S.B. ATTEST: Secretary By Its: CONSENT TO GRANT OF EASEMENT For value received, the undersigned consents to the grant of the foregoing easement and subordinates its interest in the Property described to said easement. AMERICAN BANK OF COMMERCE, Wolfforth, Texas ATTEST: B Its: i iGe, e%;iQC Ji 5911 Secretary / -' r ",��f B Its: i iGe, e%;iQC Ji 5911 t THE STATE OF COUNTY OF V Book: 2969 Page: 227 Chris C. Munoz Page: 4 of 5 Pueblo Co.Clk. &Rec. 0 M The foregoing instrument was acknowled e b fore a - the day of 1997, by ���e�ly� c� , of GUARANTY FEDERAL BANK, F.S.B., a banking corporation, on behalf of said corporation. CHARLOTTE ANDERTON NOTARY PUBLIC State of Texas Comm. Exp. 01 -31 -2000 THE STATE OF TEXAS COUNTY OF LUBBOCK Notary Public, State of Printed Nam My commission exp The foregoing instrument was acknowledged before me on the day of 1997, by _2 -- _ f�T��it��_ `� �� CE of AMERICAN BANK OF COMMERCE, Wolfforth, Texas, a banking corporation, on behalf of said corporation. °tA LEAH i,Lc V;N6E�� 7. U10 Notary Public, State offf exas -' Printed Nam ( { (_ ' 1_e Au My commission expir -4- EXHIBIT 'A' 20' PUBLIC SANITARY SEWER EASEMENT "'� \*A leo A= 01'20'04" R = 725.00' spy L = 16.88' F' P.O.B. 0 = 00'45'27" R = 725.00' L = 9.59' 0 S85'01'02 "E 70.11' N01'29'17 "V 20.13' FILING No. 3 LOT 5 , BLOCK 1 LEGAL DESCRIPTION / 20'P ATE J EASEMENT PRIVATE DRAINAGE EASEMENT FILING NO. 4 \ i LOT 1, BLOCK 1 85.18' _ EXISTING 20' PUBLIC SANITARY SEWER EASEMENT - (BOOK 1799 PAGE 867) 'ESS AND ATE UTILITY EASEMENT 50 0 25 50 100 ( IN FEET ) 1 inch = 50 ft. A PART OF LOT 5, BLOCK 1, NORTH PUEBLO COMMERCIAL PARK, FILING NO. 3, TOGETHER WITH A PART OF LOT 1, BLOCK 1, NORTH PUEBLO COMMERCIAL PARK, FILING NO. 4, ALL BEING SITUATED IN THE NORTHEAST QUARTER 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, THE ENTIRE TRACT OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 1, BLOCK 1, THENCE SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, BLOCK 1 AND ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 01 DEGREES 20 MINUTES 04 SECONDS AN ARC DISTANCE OF 16.88 FEET, A RADIUS OF 725.00 FEET AND A CHORD BEARING OF SOUTH 36 DEGREES 19 MINUTES 05 SECONDS EAST WITH A DISTANCE OF 16.88 FEET; THENCE NORTH 85 DEGREES 01 MINUTES 02 SECONDS WEST, A DISTANCE OF 85.18 FEET TO A POINT ON AN EXISTING PUBLIC SANITARY SEWER EASEMENT RECORDED IN BOOK 1799 AT PAGE 867 OF THE PUEBLO COUNTY RECORDS; THENCE NORTH 01 DEGREES 29 MINUTES 17 SECONDS WEST, ALONG THE EAST LINE OF SAID EASEMENT, A DISTANCE OF 20.13 FEET; THENCE SOUTH 85 DEGREES 01 MINUTES 02 SECONDS EAST, A DISTANCE OF 70.11 FEET TO A POINT ON THE NOR7HiEASTEP,LY LINE OF SAID LOT 5, 01 -CC1' 1; THENCE SOUTHEASTERLY, ALONG SAID NORTHEASTERLY LINE AND ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 00 DEGREES 45 MINUTES 27 SECONDS AN ARC DISTANCE OF 9.59 FEET, A RADIUS OF 725.00 FEET AND A CHORD BEARING OF SOUTH 35 DEGREES 16 MINUTES 20 SECONDS EAST WITH A DISTANCE OF 9.59 FEET TO THE POINT OF BEGINNING, CONTAINING 1551 SQUARE FEET OR 0.04 ACRES, MORE OR LESS. LEGAL DESCRIPTION PREPARED BY: WARREN L. RUBY, REGISTERED LAND SURVEYOR COLORADO REGISTRATION NUMBER 24966 FOR AND ON BEHALF OF CLC ASSOCIATES, INC. Book: 2969 Page: 228 Chris C. Munoz Page: 5 of 5 Pueblo Co.Clk. &Rec. I9 Reception 1157042 02/12/1997 EASEMENT This Easement made this ' day of u AeZ , 1997 between PORTAL DRIVE ASSOCIATES, L.L.C., a Texas limited liability company (the "Grantor ") and the CITY OF PUEBLO, a Municipal corporation, 1 City Hall Place, Pueblo, Colorado 81003 (the "Grantee "). WITNESSETH: In consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantor, Grantor grants and conveys to Grantee, its successors, assigns, and agents an easement and right -of -way in perpetuity, and the right to construct, operate, maintain, remove and replace such sanitary sewer lines, mains and other public facilities, from time to time, as Grantee may require, upon, over, under and across the real property located in Pueblo County, Colorado and described on the attached Exhibit "A" (the "Property"). 1. Grantor reserves the right to use the Property for purposes not inconsistent with the rights herein granted, provided Grantor shall not erect or place any structures, buildings or trees on the Property and Grantee shall not be liable for their removal if they are so placed. 2. Grantor grants to Grantee the right of ingress and egress over and across the real property of the Grantor adjoining the Property for the purpose of constructing, operating, maintaining, removing or replacing sanitary sewer lines, mains and other public facilities. 3. Grantor covenants and warrants that Grantor is the owner in fee of the Property, has good and lawful right to convey the Property, and the Property is free of all liens and encumbrances except mortgages or deeds of trust in favor of AMERICAN BANK OF COMMERCE, Wolfforth, Texas, who has consented to the granting of this easement. 4. Grantee shall restore Grantor's property damaged during Grantee's construction and maintenance operations to as near original condition as reasonably possible. 5. This Easement shall run with the land and be binding upon and inure to the benefit of the Grantee and Grantor and their respective heirs, personal representatives, successors and assigns. The singular includes the plural and the masculine includes the feminine and neuter. anarea.immad. i THE STATE OF TEXAS Book: 2969 Page: 230 Chris C. Munoz Page: 2 of 5 Pueblo Co.C1k.&Rec. GRANTOR: PORTAL DRIVE ASSOCIATES, L.L.C., a Texas limited liability company By:— r2r, 1� C( I s - OLO d�(� Its: Authorized Member COUNTY OF LUBBOCK § The foregoing instrument was acknowledged before me on the day of ,1997, by - 5. S Authorized Me ber of PORTAL DRIVE ASSOCIATES, L.L.C., a Texas limited liability company, on behalf of said company. a 30 b % Notary Public of i p ' Printed Nam �a j. r�9 yo�'•Z ='. My commission expir � •.....•• �+e � �i�i11111�� CONSENT TO GRANT OF EASEMENT For value received, the undersigned consents to the grant of the foregoing easement and subordinates its interest in the Property described to said easement. ATTEST: Secretary j' - AMERICAN BANK OF COMMERCE, Wolfforth, Texas By - Its: `7�'i✓io�c ECG ✓lls %� C�r -2- THE STATE OF TEXAS § COUNTY OF LUBBOCK § Book: 2969 Page: 231 Chris C. Munoz - Page: 3 of 5 Pueblo Co.Clk.&Rec. The foregoing instrument was acknowled ed before me on the 7� �` _ day of '►���f� �/ _ 7 ^< , _ 1997, by i z�Zy HT,I,�1e_c �_�f tj I L ►z \; �_ 1 �t< �� fir; " of AMERICAN BALK OF COMMERCE, Wolfforth, Texas, a banking corporation, on behalf of said corporation. LE- H LLE AWlNaFA �L >t .� v X11 �(—Ct (� hqY GG , ?';;ISS;C ! EXNISES Notary Public, State of - _ 1 t �L $ ' Februarry 7, 'i leg ° ----- - - - - -- m Printed Nam My commission expir es•"�`�1�5' -3- EXHIBIT 'A' 20' PUBLIC SANITARY SEWER EASEMENT SHEET 1 OF 2 Book: 2969 Page: 232 Chris C' Munoz Page: 4 of 5 Pueblo Co.Clk. &Rec. LEGAL DESCRIPTION A PART THE NORTHEAST QUARTER 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, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER NORTH PUEBLO COMMERCIAL PARK, FILING NO. 3, THENCE NORTH 13 DEGREES 04 MINUTES 54 SECONDS EAST, ALONG THE SOUTHEASTERLY LINE OF SAID NORTH PUEBLO COMMERCIAL PARK, A DISTANCE OF 37.68 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE, NORTH 13 DEGREES 04 MINUTES 54 SECONDS EAST, A DISTANCE OF 22.53 FEET; THENCE SOUTH 49 DEGREES 31 MINUTES 37 SECONDS EAST, A DISTANCE OF 35.59 FEET; THENCE SOUTH 13 DEGREES 17 MINUTES 09 SECONDS WEST, A DISTANCE OF 408.70 FEET; THENCE SOUTH 32 DEGREES 37 MINUTES 08 SECONDS WEST, A DISTANCE OF 90.13 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF A PUBLIC SANITARY SEWER EASEMENT RECORDED IN BOOK 1799 A T PAGE 875 OF THE PUEBLO COUNTY RECORDS; THENCE NORTH 13 DEGREES 04 MINUTES 54 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE, A DISTANCE OF 59.81 FEET; THENCE NORTH 32 DEGREES 37 MINUTES 08 SECONDS EAST, A DISTANCE OF 30.36 FEET; THENCE NORTH 13 DEGREES 17 MINUTES 09 SECONDS EAST, A DISTANCE OF 393.09 FEET, THENCE NORTH 49 DEGREES 31 MINUTES 37 SECONDS WEST, A DISTANCE OF 13.01 FEET TO THE POINT OF BEGINNING, CONTAINING 9709 SQUARE FEET OR 0.22 ACRES, MORE OR LESS. LEGAL DESCRIPTION PREPARED BY: WARREN L. RUBY, REGISTERED LAND SURVEYOR COLORADO REGISTRATION NUMBER 24966 FOR AND ON BEHALF OF CLC ASSOCIATES, INC. `cXHIBIT 'A' 20' PUBLIC SANITARY SEWER EASEMENT SHEET 2 OF 2 SE CORNER NORTH PUEBLO COMMERCIAL PARK FILING NO. 3 NORTH PUEBLO COMMERCIAL PARK FILING NO. 4 LOT 1 , BLOCK 1 N32'37'08" 30.36' 20' PRIVATE UTILITY EASEMENT FILING NO. 3 P.O.B. N13'04'54 "E . 37.68'-- N4 W 13.0 13.01' ' / N13'17'09 "E 393.09' N 13'04' 54" E 22.53' S49'31'37 "E — 35.59' S13 *17'09 "W PRIVATE ff 4 08.70' DRAINAGE EASEMENT ^I ' p ro �w w� I m m l� Q� �o oo� I I J I E z N w I I W U,liVPLATTED N1 3'0454 "E 59.81' 30' PRIVATE SAN. SEWER EASEMENT S32'37'08" W 90.13' Reception 1157043 02/12/1997 EASEMENT This Easement made this day of .JAN « A P . y _ , 1997 between EAGLERIDGE ASSOCIATES, L.L.C., a Texas limited liability company doing business in Colorado as PUEBLO EAGLERIDGE ASSOCIATES, L.L.C. (the "Grantor ") and the OWNERS OF LOTS IN NORTH PUEBLO COMMERCIAL PARK FILING NO. 3 TO THE CITY OF PUEBLO, PUEBLO COUNTY, COLORADO (the "Grantee "). WITNESSETH: In consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantor, Grantor grants and conveys to Grantee, its successors, assigns, and agents an easement and right -of -way in perpetuity, and the right to construct, operate, maintain, remove and rerlace such sanitary sewer and storm water drainage lines, mains and other public facilities, from time to time, as Grantee may require, upon, over, under and across the real property located in Pueblo County, Colorado and described on the attached Exhibit "A" (the "Property "). 1. Grantor reserves the right to use the Property for purposes not inconsistent with the rights herein granted, provided Grantor shall not erect or place any structures, buildings or trees on the Property and Grantee shall not be liable for their removal if they are so placed. 2. Grantor grants to Grantee the right of ingress and egress over and across the real property of the Grantor adjoining the Property for the purpose of constructing, operating, maintaining, removing or replacing sanitary sewer lines, mains and other public facilities. 3. Grantor covenants and warrants that Grantor is the owner in fee of the Property, has good and lawful right to convey the Property, and the Property is free of all liens and encumbrances except mortgages or deeds of trust in favor of GUARANTY FEDERAL BANK, F.S.B., who has consented to the granting of this easement. 4. Grantee shall restore Grantor's property damaged during Grantee's construction and maintenance operations to as near original condition as reasonably possible. 5. This Easement shall run with the land and be binding upon and inure to the benefit of the Grantee and Grantor and their respective heirs, personal representatives, successors and assigns. The singular includes the plural and the masculine includes the feminine and neuter. .ndmw. /e mmtl Book: 2969 Page: 235 Chris C. Munoz Page: 2 of 4 Pueblo Co.C1k.&Rec. GRANTOR: THE STATE OF TEXAS § COUNTY OF LUBBOCK § EAGLERIDGE ASSOCIATES, L.L.C., a Texas limited liability company doing business in Colorado as PUEBLO EAGLERIDGE ASSOCIATES, L.L.C. By: Q- S r :t .Jw Its: Authorized Member The foregoing instrument was acknowledT d before me on the day of 1997, by 6 5 C�,�1C 5-� Authorized Member of EAGLERIDGE ASSOCIATES, L.L.C., a Texas limited liability company, on behalf of said company. MCD U i `��� .•'p�tY P g'•.9� �i � � � � t Notary Public tate of — Printed Nam me � �" A( c� goFy.' sz . My commission expir Zit l ZOO CONSENT TO GRANT OF EASEMENT For value received, the undersigned consents to the grant of the foregoing easement and subordinates its interest in the Property described to said easement. ATTEST: Secretary GUARANTY FEDERAL BANK, F.S.B. Its: -2- r Book: 2969 Page: 236 Chris C. Munoz Page: 3 of 4 Pueblo Co.C1k.&Rec. THE STATE OF ��� § COUNTY OF IT ��� L�'� § The foregoing instrument was acknowled�Led before me-,on, the S day of / "� tt l 1997, by ,C - _1Z'4 0 k V'Lo -c cu� of GUARANTY FEDERAL BANK, F.S.B., a banking corporation, on behalf of said corporation. -------------------------- CHARLOTTE ANDERTON NOTARY PUBLIC N State of Texas Exp. 01 -31 -2000 Notary Public, State of Printed Nam My commission expire, 512 EXHIBIT 'A' PRIVATE SANITARY SEWER AND DRAINAGE EASEMENT 0= 04'39'17" R = 725.00' L = 58.90' Z� = 15'16' 50" , R = 170.00' O L= 45.34' X %00 S61'25'30 "W ID ` 4 �P� 20.59' OF' 0 R\GN YJ S46'27'37 "E 50.81' � '�S55'37'39 "W — 26.79 — — — S34'22'21 "E 20.00' N55'37'39 "E ° 31.07' S 46'27' 37 "E 12.2 PRIVATE SANITARY AND DRAINAGE EASEMENT N01'29'57" 38.07' FILING NO. 3 LOT 5 , BLOCK 1 LEGAL DESCRIPTION A PART OF LOT 5, BLOCK 1, NORTH NORTHEAST QUARTER OF SECTION 13, PRINCIPAL MERIDIAN, LOCATED WITHIN COLORADO, DESCRIBED AS FOLLOWS: A = 08'29'40" R = 170.00' L = 25.20' ACCESS AND PRIVATE UTILITY EASEMENT I 25 50 100 ( IN FEET ) 1 inch = 50 ft. PUEBLO COMMERCIAL PARK, FILING NO. 3, SITUATED IN THE TOWNSHIP 20 SOUTH, RANGE 65 WEST, OF THE SIXTH THE CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF, COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5, THENCE NORTHWESTERLY, ALONG THE NORTHEASTERLY LINE OF SAID LOT 5, AND ALONG THE ARC OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 04 DEGREES 39 MINUTES 17 SECONDS AN ARC DISTANCE OF 58.90 FEET, A RADIUS OF 725.00 FEET AND A CHORD BEARING OF NORTH 26 DEGREES 54 MINUTES 24 SECONDS WEST WITH A DISTANCE OF 59.25 FEET TO THE NORTH LINE OF AN ACCESS AND PRIVATE UTILITY EASEMENT AS PLATTED IN SAID NORTH PUEBLO COMMERCIAL PARK, FILING NO. 3; THENCE SOUTH 61 DEGREES 25 MINUTES 30 SECONDS WEST, ALONG SAID NORTH LINE, A DISTANCE OF 20.59 FEET; THENCE CONTINUING ALONG SAID NORTH LINE, ALONG THE ARC OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 15 DEGREES 16 MINUTES 50 SECONDS AN ARC DISTANCE OF 45.34 FEET, A RADIUS OF 170.00 FEET AND A CHORD BEARING OF SOUTH 69 DEGREES 03 MINUTES 55 SECONDS WEST WITH A DISTANCE OF 45.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE, ALONG THE ARC OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 08 DEGREES 29 MINUTES 40 SECONDS AN ARC DISTANCE OF 25.20 FEET, A RADIUS OF 170.00 FEET AND A CHORD BEARING OF SOUTH 80 DEGREES 57 MINUTES 10 SECONDS WEST WITH A DISTANCE OF 25.18 FEET; THENCE NORTH 46 DEGREES 27 MINUTES 37 SECONDS WEST, A DISTANCE OF 39.80 FEET; THENCE SOUTH 55 DEGREES 37 MINUTES 39 SECONDS WEST, A DISTANCE OF 7.06 FEET TO THE EAST LINE OF A PRIVATE SANITARY SEWER AND DRAINAGE EASEMENT AS PLATTED IN SAID NORTH PUEBLO COMMERCIAL PARK, FILING NO. 3 ; THENCE NORTH 01 DEGREES 29 MINUTES 57 SECONDS WEST, ALONG SAID EAST LINE, DISTANCE OF 38.07 FEET; THENCE SOUTH 46 DEGREES 27 MINUTES 37 SECONDS EAST, A DISTANCE OF 12.25 FEET; THENCE NORTH 55 DEGREES 37 MINUTES 39 SECONDS EAST, A DISTANCE OF 31.07 FEET; THENCE SOUTH 34 DEGREES 22 MINUTES 21 SECONDS EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 55 DEGREES 37 MINUTES 39 SECONDS WEST, A DISTANCE OF 26.79 FEET; THENCE SOUTH 46 DEGREES 27 MINUTES 37 SECONDS EAST, A DISTANCE OF 50.81 FEET TO THE POINT OF BEGINNING, CONTAINING 1932 SQUARE FEET OR 0.04 ACRES, MORE OR LESS. LEGAL DESCRIPTION PREPARED BY: Book 2969 Page: 237 Chris C. Munoz WARREN L. RUBY, REGISTERED LAND SURVEYOR Page: 4 of 4 Pueblo Co.C1k.&Rec. COLORADO REGISTRATION NUMBER 24966 FOR AND ON BEHALF OF CLC ASSOCIATES, INC. SE CORNER LOT 5, BLOCK 1 PRIVATE DRAINAGE EASEMENT FILING NO. 4 _ P.O.B. V LOT 1 BLOCK 1 EXISTING 20 ` PUBLIC SANITARY SEWER ASEMENT — (BOOK 1799 PAGE 86 7) N 46'27' 37" W 39.80' S55'37'39 "W 7.06'