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HomeMy WebLinkAbout06195Reception 1203067 01/30/1998 ORDINANCE NO. 619 5 AN ORDINANCE APPROVING THE PLAT OF REGENCY RIDGE SUBDIVISION, 4TH FILING BE ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that SECTION 1. The final plat of Regency Ridge Subdivision, 4th Filing, being a subdivision of land legally described as follows: A parcel of land located within the Northeast 1/4 of the Southwest 1/4 and the Northwest 1/4 of the Southeast 1/4 of Section 9, Township 21 South, Range 65 West of the 6th Principal Meridian, Pueblo County, State of Colorado, being more particularly described as: All of Lots 4 and 14, a portion of Lots 1, 2, 3, 5, 6,13, and 15 all in Block 4, a portion of Lots 11, 12, 13, 14, 15 and 16 all in Block 3, a portion of vacated Chicago Avenue, vacated Nortern Avenue, and a portion of vacated New York Avenue all within Shull's Subdivison, according to the record plat thereof filed for record July 14, 1887 of the Pueblo County Records. A portion of vacated New York Avenue lying within Columbia Heights, according to the recorded plat thereof filed for record May 23,1888 of the Pueblo County Records and being more particularly described by meets and bounds as follows: Beginning at a Point on the West line of Regency Ridge Subdivision, 2nd Filing as recorded in Book 2799 at Page 448 of the Pueblo County Records, said Point also being the Southeast corner of Lot 5, Block 1 of Regency Ridge Subdivision, 3rd Filing as recorded in Book 2689 at Page 694 of the Pueblo County records: Thence S 00° 31' 22" W, along said West line, a distance of 251.91 feet; Thence N 88° 43'06" W, a distance of 110.73 feet; Thence N 00° 40'08" E, a distance of 0.64 feet; Thence N 89° 19'52" W, a distance of 129.22 feet; Thence along a curve to the left a distance of 187.79 feet, said curve having a radius of 390.00 feet and a central angle of 27° 35'17"; Thence S 63° 04'51" W, a distance of 343.33 feet; Thence N 05° 59'37" E, a distance of 115.43 feet; Thence along a curve to the right a distance of 81.38 feet, said curve having a radius of 52.00 feet, and a central angle of 89° 39' 55 "; Thence S 79° 00'47" W, a distance of 112.00 feet; Thence S 71° 35'55" W, a distance of 80.00 feet; Thence along a curve to the right a distance of 252.66 feet; said curve having a radius of 390.00 feet, and a central angle of 37° 07'06"; Thence N 18° 43'01" E, a distance of 170.63 feet; Thence along a curve to the left a distance of 97.67 feet, said curve having a radius of 310.00 feet, and a central angle of 18° 03'09"; Thence N 00° 39' 52" E, a distance of 136.37 feet to the North line of the Southwest 1/4 of said Section 9, said point being the Southeast corner of lot 26, Block 30 of Regency Park, 15th Filing as recorded in Book 2443 at Page 186 of the Pueblo County records: Thence S 88° 26'26" E along the North line of said Southwest 1/4 a distance of 309.89 feet to the Northwest corner of Lot 1, Block 2 of said Regency Ridge Subdivision, 3rd Filing; Thence S 01' 33'34" W, a distance of 300.00 feet; Thence S 88° 26'26" E, a distance of 100.00 feet; Thence N 82° 12'37 E, a distance of 307.98 feet; Thence S 00° 40'08" W, a distance of 99.59 feet; Thence N 89° 47' 45" E, a distance of 60.01 feet; Thence N 00° 40'08" E, a distance of 47.74 feet; Thence S 89° 19' 52" E, a distance of 110.08 feet to the Point of Beginning, containing 9.09 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 ease- ments, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -ways 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 agreement entered into pursuant thereto. This ordinance shall be effective immediately upon final passage and approval. M T N� U L ity Clerk INDRODUCED May 12 1997 By Charles Jones Councilperson APPROVED Presiden of the Council 4/28/97 Reception 1203068 01/30/1998 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on , 19M, between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and RRDC II, L.L.C., a Limited Liability Corporation ( "Subdivider "). RECITALS: WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit "A "; and WHEREAS, the Subdivider, as a condition of approval of the final plat of REGENCY RIDGE SUBDIVISION, 4"' FILING Subdivision ( "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 by Section 12- 4 -7(J) of the 1971 Code of Ordinances of the City to construct and install certain public improvements generally described in attached Exhibit "B" and shown on approved construction plans and documents on file at the office of the City's Director of Public Works ( "Required Public Improvements "); and WHEREAS, by 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 to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and Subdivider agree as follows: Subdivider agrees within one hundred and eighty (180) days after applying 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 occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements 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 City Director of Finance, 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 to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit." 1111111 IIIII IIIII 1111111 111111111111111 iii IIIII IIII IN 1203068 01/30/1998 12:34P 83080 P365 AGREE 2 of 11 R 56.00 D 0.00 Pueblo Cty Clk & Rec. 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the costs of extending all required sewer and water lines from 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 closer, to the proposed building site. In any case where the block, as later defined, exceeds one thousand (1000') 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 Required Public Improvements in at least one half (1/2) of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter at the mid -block point and barricade such street 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 occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recently proposed site and existing improvements. 5. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition, the City may treat the amount of such deposit as a debt due the City from the 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 in this agreement are cumulative and the use of one shall not prohibit the use of another. 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement. 2 11111111111111111111111111111111111111111111111111111 1203068 01/30/1998 12:34P B3080 P366 AGREE 3 of 11 R 56.00 D 0.00 Pueblo Cty Clk & Rec. 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 the Required Public Improvements, or those improvements necessary to totally serve specific lot(s) or block(s) for which building permits or certificates of occupancy are sought have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this paragraph 7 and the restriction on the issuance of building permits contained in paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, 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, parks and other public improvements for maintenance by the City. Until such roads, parks and other 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, parks and other public improvements and rights -of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public 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 Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public 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 insufficient monies are available at the end of the required time to complete all Required Public Improvements 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. Such cash shallbe used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible for all the Required Public Improvements. 3 1 1203068 01/30/1998 12:34P 83080 P367 AGREE 4 of 11 R 36.00 D 0.00 Pueblo Cty Clk & Roe. 10. For purposes of this Agreement, the "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 all liens and 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. The City or the 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. 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. In the event of any litigation concerning this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorneys' fees. 13. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and be signed by all parties. 14. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, and shall be recorded in the office of theCounty Clerk and Recorder of Pueblo County., Colorado, and shall constitute an agreement running with the land until released as described above. al 1 11111111111 1111111111111111111111 1111111111 HE i 1203068 01/30/1998 12:34P 83080 P368 AGREE 5 of 11 R 56.00 D 0.00 Pueblo Cty Clk & Rec. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officers. RRDC II, L.L.C., a Limited Liability Corporation Subdivider (SEAL) By: STATE OF COLORADO ) ss. COUNTY OF PUEBLO The foregoing instrument was acknof ledged before me on C C, 199k , by t_c Or> Subdivider. My commission expires: c - c t ..... '� I Notar Publi �L� j►; '. oe i R i . 'Y) y 4 e CITY OF PUEBLO, a Municipal = » t Corporation • ,,, anA. -, , By: &;C ��/L - Presiden f the Council 5 OIL t..1, City Cle STATE OF COLORADO COUNTY OF PUEBLO ss. 1111111 1111111111111111111111111111111111111111111111 1203068 01/30/1998 12:34P B3080 P369 AGREE 6 of 11 R 36.00 D 0.00 Pueblo Cl.y Clk & Rec. The foregoing instrument was acknowledged before me on C 17 f I y - 2 - 7 , 1917 , by ( f /'y // (�Q k ", "Z , as President of City Council, and ��'n/ - tC as City Clerk of the City of Pueblo, Colorado. $44 ,bgmmission expires: APPROVED AS TO FORM: City Attorne' * tpl ic N 0 City Cle STATE OF COLORADO COUNTY OF PUEBLO ss. 1111111 1111111111111111111111111111111111111111111111 1203068 01/30/1998 12:34P B3080 P369 AGREE 6 of 11 R 36.00 D 0.00 Pueblo Cl.y Clk & Rec. The foregoing instrument was acknowledged before me on C 17 f I y - 2 - 7 , 1917 , by ( f /'y // (�Q k ", "Z , as President of City Council, and ��'n/ - tC as City Clerk of the City of Pueblo, Colorado. $44 ,bgmmission expires: APPROVED AS TO FORM: City Attorne' * tpl ic N 0 111111111111111111111111111111111111111111111111111111 IN III 1203068 01/30/1998 12:34P 83080 P370 AGREE 7 of It R 56,00 D 0.00 Pueblo C!y Clk & Rec. EXHIBIT :1 A Parcel of land located with;r. the Northeast 114 of the Southwest 114 and the Northwest 114 of the Southeast 114 of Section 9, Township 21 South, Range 65 West, of the 6th Principal Meridian, Pueblo County, State of Colorado, being more particularly described as, All of Lots 4 and 14, a portion of Lots 1, 2, 3, 5, 6, 13, and 15 all in Block 4, a portion of Lots 11, 12, 13, 14, 15 and 16 all in Block 3, a portion of vacated Chicago Avenue, vacated Northern Avenue, and a portion of vacated New York Avenue all within Shull's Subdivision, according to the record plot thereof filed for record July 14, 1887 of the Pueblo County Records. A portion of vacated New York Avenue lying within Columbia Heights, according to the recorded plat thereof filed for record May 23, 1888 of the Pueblo County Records and being more particularly described by meets and bounds as follows: Beginning at a Point on the West line of Regency Ridge Subdivision, 2nd filing as recorded in Book 2799 at Page 448 of the Pueblo County records, said Point also being the Southeast corner of Lot 5, Block 1 of Regency Ridge Subdivision, 3rd filing as recorded in Book 2968 at Page 694 of the Pueblo County records: Thence S 00' 31' 22" W, along said West line, a distance of 251.91 Feet: Thence N 88' 43' 05" W a distance of 110.73 Feet: Thence N 00' 40' 08" E a distance of 0.64 Feet: Thence N 89' 19' 52" W a distance of 129.22 Feet: Thence along a curve to the left a distance of 187.79 Feet, said curve having a radius of 390.00 Feet and a central angle of 27 35' 17": Thence S 63' 04' 51" W a distance of 343.33 Feet: Thence N 05' 59' 37" E a distance of 115.43 Feet: Thence along a curve to the right a distance of 81.38 Feet, said curve having a radius of 52.00 Feet, and a central angle of 89' 39' 55 ": Thence S 79' 00' 47" W a distance of 112.00 Feet: Thence S 71' 35' 55" W a distance of 80.00 Feet: Thence along a curve to the right a distance of 252.65 Feet, said curve having a radius of 390.00 Feet, and a central angle of 37* 07' 06 ": Thence N 18' 43' 01" E a distance of 170.63 Feet: Thence along a curve to the left a distance of 97.67 Feet, said curve having o radius of 310.00 Feet, and a central angle of 18' 03' 09 ": Thence N 00' 39' 52" E a distance of 136.37 Feet to the North line of the Southwest 114 of said Section 9, said point being the Southeast corner of Lot 26, Block 30 of Regency Park, 15th Filing as recorded in Book 2443 of Page 186 of the Pueblo County records: Thence S 88' 26' 26" E along the North line of said Southwest 114 a distance of 309.89 Feet to the Northwest corner of Lot 1, Block 2 of said Regency Ridge Subdivision, 3rd Filing: Thence S 01' 33' 34" W a distance of 300.00 Feet: Thence S 88' 26' 26" E a distance of 100.00 Feet: Thence N 82' 12' 3/" E a distance of 307.98 Feet: Thence S 00' 40' 08" W a distance of 99.59 Feet: Thence N 89' 47' 45" E a distance of 60.01 Feet: Thence N 00' 40' 08" E a distance of 47.74 Feet: Thence S 89' 19' 52" E a distance of 110.08 Feet to the Point of Beginning: Said Parcel containing 9.09 Acres more or less. 111111111111111111111111111111111111111111111111 IN 1203068 01/30/1998 12:34P 83080 P371 AGREE 8 of 11 R 56.00 D 0.00 Pueblo Cty Clk & Rec. EXHIBIT B SUBDIVISION NAME DEVELOPER: ENGINEER: STREET IMPROVEMENTS REGENCY RIDGE SUBDIVISION, 4TH FILING RRDC H, LLC., A Limited Liability Corporation ABEL ENGINEERING PROFESSIONALS, INC. NAME: THAMES DRIVE Grade, Pavement (6" full depth) 2895 SY @ $12.90 / SY = $37,345.50 Curb and Gutter (Ramp) 1352 LF a, $7.80 / LF = $10,545.60 Sidewalk (4" concrete) 5532 SF (a, $2.50 / SF = $13,830.00 Concrete Cross Pan - includes square pans 431 SF e , $3.80 / SF = $ 1,637.80 Handicap Ramp 2 @ (108 SF Qa, $3.50 L.517 _ $ 756.00 Water Main and Appurtenances Main (8 ") 766 LF @ $29.22 / LF = $22,382.52 Service Line 10 EA @ $480.00 EA = $ 4,800.00 Sanitary Sewer and Appurtenances Main (8 ") 780 LF @ $22.00 / LF = $17,160.00 Manhole 4 EA @ $1400.00 EA = $ 5,600.00 Service Line 10 EA A $575.00 EA = $ 5,750.00 Storm Sewer Pipe (27" RCP) 734 LF (ate $65.00 / LF = $47,710.00 Manhole (Type 113) 2 EA. @ $1600.00 EA = $ 3,200.00 Inlet Pipe Run (18" Polypipe) 37 LF @ $50.00 / LF = $ 1850.00 Type "S" Inlet (L =15') 1 EA @ $4000 EA = 4 Type "S" Inlet (L =10') 1 EA @ $3000 EA = 3 Monument Box 5 EA (a@ $450 EA = 2,250.00 11 IN 1203068 01/30/1998 12:34P B3080 P372 AGREE 9 of 11 R 56.00 D 0.00 Pueblo C!y Clk 8 Rec. Street Lights 2 EA n, $1,200 EA = $ 2,400.00 SUB -TOTAL = $184,217.42 NAME: KINGSROYAL BOULEVARD Grade, Pavement (7" full depth) 3,586 SY @ $14.80 / SY Curb and Gutter (6" Standard) 1405 LF @ $7.80 / LF Sidewalk (4" concrete) 4856 SF @ $2.50 / SF Concrete Cross Pan 288 SF Q $3.80 / SF Handicap Ramp 8 @ (108 SF @ $3.50 / SF) Water Main and Appurtenances Main (16 ") 647 LF Q $50.00 / LF Sanitary Sewer and Appurtenances Main (8") 548 LF @ $22.00 / LF Manhole 4 EA na, $1400.00 EA Storm Sewer Pipe (21" RCP) 251 LF $36.00 / LF Manhole (Type IB) 1 EA @ $1600.00 EA Inlet Pipe Run(21" RCP) 31.2 LF @ $36.00 / LF Type "S" Inlet (L =12') I EA @ $3400 EA Monument Box 8 EA Q $450 EA Street Lights 3 EA @ $1,200 / EA Type 3 Barricade (24' Length) 1 EA @ $1,000 / EA Type 3 Barricade (16' Length) 3 EA Q $800 / EA SUB -TOTAL = $53,072.80 = $10,959.00 = $12,140.00 _ $ 1,094.40 _ $ 3,024.00 _ $32,350.00 _ $12,056.00 _ $ 5,600.00 _ $ 9,036.00 _ $ 1,600.00 _ $ 1,123.20 3,400.00 3 _ $ 3,600.00 _ $ 1,000.00 2,400.00 _ $ 156,055.40 1 1203068 01/30/1998 12:34P 83080 P373 AG 10 of 11 R 56.00 D 0.00 Pueblo Cl.y Clk 8 Rec. NAME: THAMES COURT Grade, Pavement (5" full depth) 745 SY @ $11.00 / SY Curb and Gutter (Ramp) 307 LF (a, $7.80 / LF Sidewalk (4" concrete) 1344 SF @a, $2.50 / SF Water Main and Appurtenances Main (6 ") 130 LF @ $22.00 / LF Service Line 7 EA @ $480.00 EA Sanitary Sewer and Appurtenances Main (8 ") 130 LF 0u, $22.00 / LF Manhole 1 EA a@ $1400.00 EA Services Line 7 EA n, $575.00 EA Monument Box 1 EA @ $450 EA 8,195.00 2 = $ 3,360.00 2,860.00 3,360.00 2,860.00 1,400.00 4,025.00 450.00 SUB -TOTAL = $ 28,904.60 NAME: KINGSLEY AVENUE Grade, Pavement (5" full depth) 512 SY @ $11.00 / SY Curb and Gutter 256 LF @ $7.80 / LF Sidewalk (4" concrete) 1024 SF Cam $2.50 / SF Water Main and Appurtenances Main (8 ") 130 LF Q $22.00 / LF Service Line 4 EA _, $ 480 / EA Sanitary Sewer and Appurtenances Main (8 ") 136 LF @ $22.00 / LF Manhole 1 EA @ $1400.00 EA Service Line 4 EA @ $ 575 EA Storm Sewer Pipe(42" RCP) 120 LF @ $72 / LF 5,632.00 1 2,560.00 2,860.00 1,920.00 2,992.00 1,400.00 2,300.00 = $ 8,640.00 H 111111111111111111111111111111111111111111 HIM III IN 1203068 01/30/1998 12:34P B3080 P374 AGREE 11 of 11 R 56.00 D 0.00 Pueblo Cty Clk & Rec. Type 3 Barricade (24' Length) 1 EA @ $1,000 EA 1,000.00 SUB -TOTAL = $ 31,300.80 DRAINAGE IMPROVEMENTS Overlot Grading 6500 CY @ $2.00 /CY Flood Control Plates (to replace current plates) 1 LS @ $500.00 EA SUB -TOTAL = $ 13,000.00 500.00 = $ 13,500.00 GRAND TOTAL ........ = $ 413,978.22 PREPARED BY: STEPHEN M. BAIR DATE: JANUARY 8, 1998 FIRM: ABEL ENGINEERING PROFESSIONALS, INC. REVIEWED BY: CITY OF PUEBLO Acm . /r6 /9s DATE Reception 1203070 01/30/1998 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this _]�t day of , 1998, by RRDC II, L.L.C., Grantor, to Pueblo, a Municipal Corporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, a 60 foot easement and right of way for the purpose of drainage, in through, over, under and across Grantor's property situated in Pueblo County, Colorado, described in the attached Exhibit "A" (the "Property"). Grantor shall install a temporary ditch (the "Facilities ") in the Property in accordance with plans and specifications thereof approved by, and on file with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair and replace the Facilities. Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15% from the Grantor. For such purposes, Grantee is granted the right to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the Grantee to any liability for such failure. Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on this Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right of way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right of way against all persons who may lawfully claim title to the Property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED this day of V - , 1998 GRANTOR: By: COUNTY OF PUEBLO ) STATE OF COLORADO) s.s. The foregoing instrument was acknowledged before me this day of, by Roger H. Fonda. Witness my hand and official seal. My commission expir s:g- - I q�1 � �> . i { �ry,,`i�• � I 1 © ��n 4�' OF CCU`' a`e,F" Nota ublic ' " nnnas.4 VA 1111111111111111111111111111111111111111111111111111111 1203070 01/30/1998 12:34P 83080 P377 EASE 2 of 2 R 11.00 D 0.00 Pueblo Cty Clk & Rec. Exhibit A A 60 Feet strip of land located within the Northeast 1/4 of the Southwest 1/4 of Section 9, Township 21 South, Range 65 West, of the 6th P.M., County of Pueblo, State of Colorado, being more particularly described as: A portion of Lots 15,16,17, 18, and 19, Block 4, Shull's Subdivision, according to he recorded plat thereof, filed July 14, 1887 of :he Pueblo County Records, and being more pan, �ulariv described in the following metes and bounds description. Commencing at the Southwest corner of Lot 5.5, Block 2, Regency Ridge Subdivision, 2°" Filing as recorded April 26, 1995, in Book 2799 at Page 448, of the Pueblo County records: Thence N 88 °43'06 "W a distance of 110.73 Feet to the True Point of Beginning; Thence S 00 °40'08 "W a distance of 550.00 Feet, Thence N 89° 19'52 "W a distance of 60.00 Feet; Thence N 00 °40'08 "E a distance of 550.64 Feet; Thence S 89'19'52"E a distance of 60.00 Feet: Thence S 00 °40'08 "W a distance of 0.64 Feet, to the Point of Beginning. Said Parcel contains 0.76 Acres wore or less. Reception 1203071 01/30/1998 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this lt� day of , 1998, by R[ZDC II, L.L.C., Grantor, to Pueblo, a Municipal Corporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, a 10 foot easement and right of way for the purpose of drainage, in through, over, under and across Grantor's property situated in Pueblo County, Colorado, described in the attached Exhibit "A" (the "Property"). Grantor shall install a "V" ditch with berm section (the "Facilities ") in the Property in accordance with plans and specifications thereof approved by, and on file with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair and replace the Facilities. Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15% from the Grantor. For such purposes, Grantee is granted the right to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the Grantee to any liability for such failure. Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on this Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right of way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right of way against all persons who may lawfully claim title to the Property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED this I� day of , 1998 GRANTOR: By: COUNTY OF PUEBLO ) STATE OF COLORADO) s.s. The foregoing instrument was acknowledged before me this _11�L day of , tqq�li q by Roger H. Fonda. t CEj' Witness my hand and official seal. My commis ion ex Tres: "! } NotaV Public'••• • •••' •A ^, 1203071 01/30/1998 12:34P 83080 P379 EASE 2 of 2 R 11.00 0 0.00 Pueblo C!y Clk 8 Rec. Exhibit A. A 10 Feet strip of land located within the Northeast 1/4 of the Southwest 1/4 and the Nor- .h 1/4 of the Southeast 1/4 of Section 9, Township 21 South, Range 65 West, of the V P M., County of Pueblo, State of Colorado, being mor ; narticularly described as: A portion of Lots 5, 6, and 15, Block 4, a portion w" vacated New York Avenue, and a portio�. c vacated Chicago Avenue, all within Shull's Subdivision, according to the rec;.rde plat to :Hof, filed July 14, 1887, of the Puebl- County Records, and a portion of vacated New York Avenue, lying within Columbia Heights, according to the recorded plat thereof, ::led for record, N1ay 23, 1888, of the Pueblo County Records, and being more particularly r.escribed in the followin-g metes and bounds description. Commencing at a point on the West line of Regency Ridge Subdivision, 2 " Filing as recorded April 26, 1995, in Book 2799 at Page 448, of the P:_ County records, said point also b,-ling described as the Southeast corner of Lot 5, Bloc: 1, Regency Ridge. Subdivision, 3 "' Fi ink ..s recorded February 10, 1997, ir. Book 2968, Page 694, of the Pueblo County records: Thence S 00 °31'22 "W a distance of 251.91 Feet, along West line of said Regem;y Ridge 2''a Filing to the True Point of Be Thence N 88 °4306 "W a distance of 110.73 Feet; Thence N 00 °40'08 "E a distance of 0.64 Feet; Thence N 89° 19'52 "W a distance of 129.22 Feet Thence along a curve to the left a distance of 187.79 Feet, said curve having a radius of 3 'J.00 Feet and a central angle of 27 ° 3 5'17 " Thence S 6)'04'5 1 "W a distance of 343.33 Feet, Thence S 26 °55'09 "E a distance of 10.00 i -'eet: Thence N 63'04"5 1 , "E a distance of 343.33 Eeet: Thence along a cure to the riOh- a distance of 18' 97 Feet, saic curve having a :adlus * 3SO 0 Feet and a central angle of 27 '-Z' 17 Thence S 89° 19'52 "E a distance of 129 22 Feet; Thence S 00 °40'08 "W a distance of 0.64 Feet; Thence S 88'43'06"E a distance of 110.76 Feet to a point on the West line of said Regency Ridge Subdivision, 2"`' Filing; Thence N 00°31'22 "E a distance of 10.00 Feet to the True Point of Beginning. Said parcel contains 0.18 Acres more or less. Reception 1203072 01/30/1998 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this T�— day of , 1998, by RRDC 11, L.L.C., Grantor, to Pueblo, a Municipal Corporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, a 10 foot easement and right of way for the purpose of drainage, in through, over, under and across Grantor's property situated in Pueblo County, Colorado, described in the attached Exhibit "A" (the "Property "). Grantor shall install a "V" ditch with berm section (the "Facilities ") in the Property in accordance with plans and specifications thereof approved by, and on file with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair and replace the Facilities. Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15% from the Grantor. For such purposes, Grantee is granted the right to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the Grantee to any liability for such failure. Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on this Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right of way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right of way against all persons who may lawfully claim title to the Property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED this 'W� day o , 1998 GRANTO By: — COUNTY OF PUEBLO ) STATE OF COLORADO) s.s. The foregoing instrument was acknowledged before me this day o JG,► -- )"C", 194.`��Y• A. by Roger H. Fonda. Witness my hand and official seal. commission xpi�`a S V Notary ublic '1F Co Exhibit A A 10 Feet strip of land located within the Northwest 1/4 of the Southeast 1/4 of Sect' o.1 9, Township 21 South, Range 65 West, of the 6``' P.M., County of Pueblo, State of Colorado., being more particularly described as: A portion of vacated New York Avenue, lying within Columbia Heights, according to the recorded plat thereof, filed for record, May 23, 1888, of the Pueblo County Records, and being more particularly described in the following metes and bounds description. Beginning at the Southwest corner of Lot 55, Block 2, Regency Ridge Subdivision, 2n F itin- as, recorded April 26, 1995, in Book 2799 at Page 448, of the Pueblo County records: Thence S 00°31'22 "W along the West line of said Regency Ridge, 2n Filing, a distance c.' 550.21 Feet, to the Southwest corner of Lot 47 of said Regency Ridge, 2n" Filing; Thence N 88 °23'48 "W a distance of 10.00 Feet; Thence N 00 °31'22 "E a distance of 550.195 Feet; Thence S 88'43'06"E a distance of 10.00 Feet, to the Point of Beginning. Said Parcel contains 5500.95 Square Feet more or less.