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HomeMy WebLinkAbout06199Reception 1226540 03/25/1997 ORDINANCE NO. 6199 AN ORDINANCE APPROVING THE PLAT OF PUEBLO DEL SOL SUBDIVISION BE ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that SECTION 1. The final plat of Pueblo Del Sol Subdivision, being a subdivision of land described as follows: All of that tract of land, conveyed by deed, recorded in Book 2718 at Page 405 of the Pueblo County records and being more particularly described as follows: A tract of land in the W 1/2 of Section 16 and the SE 1/4 of Section 17, all in Township 21 South, Range 65 West of the 6th P. M., more particularly described as follows: Beginning at the W 1/4 corner of said Section 16; thence N 89'-33'E along the E -W centerline of Section 16, 880 feet to the True Point of Beginning; thence N.0 ° -25' E. 1360 feet more or less to the southerly right -of -way line of Colorado State Highway No. 78 as presently located; thence S 52'-06'W (deed) along the southerly right -of -way line of Colorado State Highway No. 78, to the north corner of Watson Addition No. 1, according to the recorded plat thereof, filed for record October 12,1983; thence southerly along the boundary of said Watson Addition No. 1, the following three courses; 1) along the arc of a curve to the right whose center bears S 52 °- 58' -21" W and whose radius is 450 feet, a distance of 294.09 feet; 2) S 0'-25'W a distance of 175.40 feet'; 3) S 52 °- 58' -21" W, a distance of 126.5 feet, more or less to a point 520 feet east of the west line of said Section 16; thence S 0 ° -25' W, and parallel to the west line of the said Section 16, a distance of 1447 feet; thence N.89 ° -35' W a distance of 210 feet; thence S 45 ° -25" W a distance of 540 feet; thence S 22 °55" W a distance of 440 feet; thence S 44 °- 14' -30" E, a distance of 259.50 feet to a point; thence S 45 °- 45' -30" W, a distance of 670.24 feet; thence S 0'-25'W a distance of 290.65 feet, more or less to a point which is 40 feet normally distant north of the south line of the said Section 17; thence easterly, parallel to and 40 feet north of the said south line of Section 17, to its intersection with the boundary of El Camino Subdivision Fourth Filing, according to the recorded plat thereof, thence N 45 °- 45' -30" E and along the boundary of El Camino Subdi- vision Fourth Filing, a distance of 675.30 feet, to a corner of a parcel of property recorded in Book 2191 at Page 342, Instrument No. 740190; thence along the boundary of said parcel, the following 3 courses: 1) N.33 °- 03'-55" W, a distance of 123.79 feet; 2) N 55 °- 59' -47" E, a distance of 189.16 feet; 3) S 16 °- 48' -13" E. a distance of 98.95 feet; thence N 45 °- 45' -30" E and along the boundary of said El Camino Subdivi- sion Fourth Filing, a distance of 419.34 feet; thence N 0 ° -25' E, and along the boundary of El Camino Subdivision Second Filing, according to the recorded plat thereof, and that line extended, a distance of 1745 feet, more or less, to the True Point of Beginning. And All of that parcel of land, conveyed by deed, recorded in Book 2191 at Page 342 of the Pueblo County records and being more particularly described as follows: A parcel of land in the SW 1/4 of the SW 1/4 of Section 16, Township 21 South, Range 65 West of the 6th P.M., lying North of and immediately adjacent to the North boundary line of El Camino Subdivision, Fourth Filing, according to the recorded plat thereof, filed for record July 18, 1977, and being more particulary described as follows: Beginning at the Northeast corner of Lot 18, Block 11 in said El Camino Sub- division, Fourth Filing; thence N. 45 °- 45' -30" E., along the said boundary line of El Camino Subdivision, Fourth Filing, a distance of 22.54 feet; thence N.16 °- 48' -13" W., a distance of 98.95 feet; thence S. 55 °- 59' -47" W., a distance of 189.16 feet; thence S. 33 °- 03' -55" E, a distance of 123.79 feet to the said North boundary line of El Camino Subdivision, Fourth Filing; thence N.45 °- 45' -30" E., along said North boundary line, a distance of 142.01 feet to the Point of Beginning, containing 50.433 acres. 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. SECTION 3. This ordinance shall be effective immediately upon final passage and approval. INTRODUCED May 12, 1997 BY Samuel Corsentino Councilperson I AATE�T �� C APPROVED President of th Council 11111111111111111111111111111 IN 111111111111111111111 1226540 06/30/1998 12:02P ORD Chris C. Munoz 3 of 3 R 16.00 D 0.00 Pueblo C!y Clk 8 Rec. Reception 1226542 06/30/1998 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on v -J u n e 1 , 1995 , between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and PUEBLO DEL SOL, LLC, a Colorado Limited Liability Company ( "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 PUEBLO DEL SOL ( "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 judgement 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: 1. 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 the time period prescribed in Paragraph 1, 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 DPW 2/18/98 to complete ail Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be 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 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 ('/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 except the terms of Paragraph 7 below. DPW 2/18/98 2 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 as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which 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 to cash and shall deposit the same with the Director of Finance. Such cash shall be 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. DPW 2/18/98 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. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage, stormwater detention facility, or maintenance and restoration of restoration of adjacent drainage channels, and /or associated improvements and revegetation (the "facilities "), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefor approved by, and on file with the City, and thereafter, the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right (but not the obligation) to inspect, control, repair, replace and maintain the facilities and to recover all costs and expenses therefor including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charge shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain or replace the facilities shall not subject the City to any liability for such failure. 12. 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. 13. 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 hereto. 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. 14. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and be signed by all parties. 15. 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, DPW 2/18/98 4 and shall be recorded 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 described above, The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. PUEBLO DEL SOL, LLC, a Colorado Limited Liability Company (SEAL) STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) Sub 'eider By: 1 Pnh Watcnn. 111. ManaQPr By: The foregoing instrument was acknowledged before me on J. "a E / s I q 9 $ b Joseph O. Watson. III. Manager of PUEBLO DEL SOL. LLC. a Colorado Limited Liabilitv Comnanv My commission expires: 0 v e s /t S'rr'. r z:Z;3�� . � �4 g o ,,,��� OF G , Subdivider. Notary Puglic , 4 � Q By: city STATE OF COLORADO ) ss. COUNTY OF COLORADO ) CITY OF PUEBLO, a Municip 1 Corporation President of the Ouncil . DPW 2/18/98 5 The foregoing instrument was acknowledged before me on June 29th 1998 by Cathy A. Garcia , as President of City Council, and Gina Dutcher as City Clerk of the City of Pueblo, Colorado. ommission expires: otary Public DASTOFORM: City Attorney DPW 2/18/98 6 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" All of that tract of land, conveyed by deed, recorded in Book 2718 at Page 405 of the Pueblo County records and being more particularly described as follows: A tract of land in the W 1/2 of Section 16 and the SE 1/4 of Section 17, all in Township 21 South, Range 65 West of the 6th P.M., more particularly described as follows: Beginning at the W 1/4 corner of said Section 16; thence N 89'-33'E along the E -W centerline of said Section 16, 880 feet to the TRUE Point of Beginning; thence N. 0 ° -25' E. 1360 feet, more or less, to the southerly right -of -way line of Colorado State Highway No. 78 as presently located; thence S. 52'-06'W (deed) along the southerly right of -way line of Colorado State Highway No. 78, to the north corner of Watson Addition No. 1, according to the recorded plat thereof, filed for record October 12, 1983; thence southerly along the boundary of said Watson Addition No. 1, the following 3 courses: 1) along the arc of a curve to the right whose center bears S 52 °- 58' -21" Wand whose radius is 450 feet, a distance of 294.09 feet; 2) S 0'-25'W a distance of 175.40 feet; 3) S 52 °- 58' -21" W a distance of 126.5 feet, more or less, to a point 520 feet east of the west line of said Section 16; thence S 0 ° -25' W, and parallel to the west line of the said Section 16, a distance of 1447 feet; thence N 89 ° -35' W a distance of 210 feet; thence S 45 ° -25" W a distance of 540 feet; thence S 22 ° -55" W a distance of 440 feet; thence S 44 °- 14' -30" E a distance of 259.50 feet to a point; thence S 45 °- 45' -30" W a distance of 670.24 feet; thence S 0 ° -25'W a distance of 290.65 feet, more or less, to a point which is 40 feet normally distant north of the south line of the said Section 17; thence easterly, parallel to and 40 feet north of the said south line of Section 17, to its intersection with the boundary of El Camino Subdivision Fourth Filing, according to the recorded plat thereof; thence N 45 °- 45'30" E and along the boundary of El Camino Subdivision Fourth Filing, a distance of 675.30 feet, to a corner of a parcel of property recorded in Book 2191 at Page 342, Instrument No. 740190; thence along the boundary of said parcel, the following 3 courses: 1) N 33 °- 03' -55" W, a distance of 123.79 feet; 2) N 55 °- 59' -47" E a distance of 189.16 feet; 3) S 16 °- 48'-13" E, a distance of 98.95 feet; thence N 45 °- 45' -30" E and along the boundary of said El Camino Subdivision Fourth Filing, a distance of 419.34 feet; thence N 0 ° -25'E, and along the boundary of El Camino Subdivision Second Filing, according to the recorded plat thereof, and that line extended, a distance of 1745 feet, more or less, to the TRUE Point of Beginning. VA All of that parcel of land, conveyed by deed, recorded in Book 2191 at Page 342 of the Pueblo County records and being more particularly described as follows: A parcel of land in the SW 1/4 of the SW 1/4 of Section 16, Township 21 South, Range 65 West of the 6th P.M., lying North of and immediately adjacent to the North boundary line of El Camino Subdivision, Fourth Filing, according to the recorded plat thereof, filed for record July 18, 1977, and being more particularly described as follows: Beginning at the Northeast corner of Lot 18, Block 11 in said El Camino Subdivision, Fourth Filing; thence N. 45 °- 45' -30" E., along the said North boundary line of El Camino Subdivision, Fourth Filing, a distance of 22.54 feet; thence N.16 °- 48' -13" W., a distance of 98.95 feet; thence S. 55 ° -59'- 47" W., a distance of 189.16 feet; thence S. 33 °- 03' -55" E., a distance of 123.79 feet to the said North boundary line of El Camino Subdivision, Fourth Filing; thence N.45 °- 45' -30" E., along said North boundary line, a distance of 142.01 feet to the Point of Beginning. County of Pueblo, State of Colorado Containing 50.433 acres, total. SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 1 DEVELOPER: PUEBLO DEL SOL, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Streets (Mendecino Drive) 91 LF @ $22.00 /LF $2,002 Asphalt (4" Asphalt on 8" Base) 1009 SY @ $14.80 /SY $14,933 Rolled Curb and Gutter 518 LF @ $7.80 /LF $4,040 Crosspan 264 SF @ $3.80 /SF $1,003 Water 8" PVC Water Main 316 LF @ $28.67 /LF $9,060 Services 4 EA @ $480.00 /EA $1,920 Sanitary Sewer 8" PVC Sewer Main 91 LF @ $22.00 /LF $2,002 48" Manhole 1 EA @ $1,400.00 /EA $1,400 Services 4 EA @ $575.00 /EA $2,300 Tie to Existing Sewer 1 LS @ $500.00 /LS $500 Storm Sewer Sidewalk Culvert L =4' 1 EA @ $2,300.00 /EA $2,300 Sidewalk Culvert L =6' 1 EA @ $2,500.00 /EA $2,500 Street Lights 1 EA @ $1,300.00 /EA $1,300 TOTAL Mendecino Drive $43,259 9 SUBDIVISION IMPROVEMENTSAGREEMENT EXHIBIT "B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 1 DEVELOPER: PUEBLO DEL SOL, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Streets (Capri Place) Asphalt (3" Asphalt on 8" Base) Ramp Curb and Gutter Water 6" PVC Water Main Services Permanent Blowoff Sanitary Sewer 8" PVC Sewer Main 48" Manhole Services Storm Sewer 36" HDPE Pipe Concrete Channel 6' Sidewalk Culvert Rip Rap Outlet Structure /Spillway Monuments 796 SY @ $12.90 /SY $10,268 352 LF @ $7.80 /LF $2,746 179 LF @ $28.67 /LF $5,132 5 EA @ $480.00 /EA $2,400 1 EA @ $600.00 /EA $600 166 LF @ $22.00 /LF $3,652 1 EA @ $1,400.00 /EA $1,400 4 EA @ $575.00 /EA $2,300 213 LF @ $60.00 /LF $12,780 232 SF @ $2.50 /SF $580 1 EA @ $2,500.00 /EA $2,500 12 CY @ $50.00 /CY $600 1 EA @ $5,000.00 /EA $5,000 1 EA @ $550.00 /EA $550 TOTAL Capri Place 50 508 10 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 1 DEVELOPER: PUEBLO DEL SOL, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Streets (Bandera Blvd. Asphalt (5" Asphalt on 15" Base) 15129 SY @ $23.00 /SY $347,967 Asphalt (3" Asphalt on 6" Base) 172 SY @ $11.10 /SY $1,909 Standard Curb and Gutter 4701 LF @ $7.80 /LF $36,668 Handicap Ramps 4186 SF @ $3.50 /SF $14,651 Square Pan 10 EA @ $419.00 /EA $4,190 Cross Pan 1033 SF @ $3.80 /SF $3,925 Water 12" PVC Water Main 2033 LF @ $28.67 /LF $58,286 8" PVC Water Main 970 LF @ $28.67 /LF $27,810 Fire Hydrant Ass'y. 6 EA @ $3,000.00 /EA $18,000 Services 16 EA @ $800.00 /EA $12,800 Permanent Blowoff 3 EA @ $600.00 /EA $1,800 Sanitary Sewer 12" PVC Sewer Main 1076 LF @ $27.00 /LF $29,052 10" PVC Sewer Main 1335 LF @ $25.00 /LF $33,375 48" Manholes 9 EA @ $1,400.00 /EA $12,600 Services 17 EA @ $950.00 /EA $16,150 20" Steel Casing (Bore & Jack) 62 LF @ $225.00 /LF $13,950 Storm Sewer 36" RCP 212 LF @ $60.00 /LF $12,720 36" HDPE Pipe 110 LF @ $60.00 /LF $6,600 30" HDPE Pipe 249 LF @ $50.00 /LF $12,450 24" HDPE Pipe 755 LF @ $36.00 /LF $27,180 18" HDPE Pipe 699.6 LF @ $29.00 /LF $20,289 15" HDPE Pipe 198.4 LF @ $27.00 /LF $5,357 Type 1 -B Manhole 7 EA @ $1,600.00 /EA $11,200 Rip Rap 7.5 CY @ $50.00 /CY $375 Type "S" Inlet L =4' 5 EA @ $1,800.00 /EA $9,000 Type "S" Inlet L =6' 1 EA @ $2,200.00 /EA $2,200 Type "S" Inlet L =10' 1 EA @ $3,000.00 /EA $3,000 Type "S" Inlet L =18' 1 EA @ $4,600.00 /EA $4,600 Type "W" Inlet 1 EA @ $3,000.00 /EA $3,000 Headwall 1 EA @ $5,000.00 /EA $5,000 Revegetation 0.75 A @ $12,000.00 /AC $9,000 Concrete Checker Structure 17 EA @ $130.00 /EA $2,210 11 SUBDIVISION IMPROVEMENTSAGREEMENT EXHIBIT "B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 1 DEVELOPER: PUEBLO DEL SOL, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Streets ( Bandera Blvd. Continuous) Barricade L =36' 1 EA @ $1,500.00 /EA $1,500 Barricade L =16' 1 EA @ $800.00 /EA $800 Street LiQhts Monuments 7 EA @ $1,300.00 /EA 16 EA @ $550.00 /EA TOTAL Phase 1 Bandera Blvd. $9,100 $8,800 $787,514 12 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 1 DEVELOPER: PUEBLO DEL SOL, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Street (Lomita Drive) Asphalt (4" Asphalt on 8" Base) 585 SY @ $14.80 /SY $8,658 Rolled Curb and Gutter 320 LF @ $7.80 /LF $2,496 Water 8" PVC Water Main 211 LF @ $28.67 /LF $6,049 Services 1 EA @ $480.00 /EA $480 Sanitary Sewer 8" PVC Sewer Main 10 LF @ $22.00 /LF $220 48" Manhole 1 EA @ $1,400.00 /EA $1,400 Services 1 EA @ $575.00 /EA $575 Storm Sewer 4' Sidewalk Culvert 1 EA @ $2,300.00 /EA $2,300 Monuments 1 EA @ $550.00 /EA $550 TOTAL Phase 1 Lomita Drive 22 728 13 SUBDIVISION IMPROVEMENTSAGREEMENT EXHIBIT "B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 1 DEVELOPER: PUEBLO DEL SOL, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Street (Amistad Place) 180 LF @ $29.00 /LF $5,220 Asphalt (3" Asphalt on 8" Base) 850 SY @ $12.90 /SY $10,965 Ramp Curb and Gutter 345 LF @ $7.80 /LF $2,691 Water 1 EA @ $1,800.00 /EA $1,800 6" PVC Water Main 179 LF @ $28.67 /LF $5,132 Services 6 EA @ $480.00 /EA $2,880 Permanent Blowoff 1 EA @ $600.00 /EA $600 Sanitary Sewer 8" PVC Sewer Main 167 LF @ $22.00 /LF $3,674 48" Manhole 1 EA @ $1,400.00 /EA $1,400 Services 6 EA @ $575.00 /EA $3,450 Storm Sewer 18" HDPE Pipe 180 LF @ $29.00 /LF $5,220 15" HDPE Pipe 46 LF @ $27.00 /LF $1,242 Concrete Channel 285 SF @ $2.50 /SF $713 Type S Inlet L =4' 1 EA @ $1,800.00 /EA $1,800 Monuments 1 EA @ $550.00 /EA $550 TOTAL Amistad Place 40 316 14 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "S" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 1 DEVELOPER: PUEBLO DEL SOL, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Street (El Rincon Place) 165 LF @ $22.00 /LF $3,630 Asphalt (3" Asphalt on 8" Base) 874 SY @ $12.90 /SY $11,275 Ramp Curb and Gutter 361 LF @ $7.80 /LF $2,816 Water 6 PVC Water Main 179 LF @ $28.67 /LF $5,132 Services 6 EA @ $480.00 /EA $2,880 Permanent Blowoff 1 EA @ $600.00 /EA $600 Sanitary Sewer 8" PVC Sewer Main 165 LF @ $22.00 /LF $3,630 48" Manhole 1 EA @ $1,400.00 /EA $1,400 Services 6 EA @ $575.00 /EA $3,450 Storm Sewer 18" HDPE Pipe 183 LF @ $29.00 /LF $5,307 Concrete Channel 287 SF @ $2.50 /SF $718 Type S Inlet L =6' 1 EA @ $2,200.00 /EA $2,200 Monuments 1 EA @ $550.00 /EA $550 TOTAL El Rincon Place $39,957 15 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 1 DEVELOPER: PUEBLO DEL SOL, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Phase 1 Offsite Improvements Colorado State Hiohwav No. 78 Imarovements Asphalt 6670 SY @ $18.50 /SY $123,395 Traffic Control 1 LS @ $6,000.00 /LS $6,000 Striping 1 LS @ $5,000.00 /LS $5,000 Traffic Signs 3 EA @ $300.00 /EA $900 Rip Rap 2 CY @ $50.00 /CY $100 Earthwork 2000 CY @ $2.00 /CY $4,000 Sidewalk 2944 SF @ $2.50 /SF $7,360 24" HDPE Pipe 112 LF @ $36.00 /LF $4,032 Total Off -Site Phase 1 Roadway Improvements $150,787 Off -Site Sanitary Sewer 12" PVC Sewer Main 4625 LF @ $27.00 /LF $124,875 4' ID Manholes 14 EA @ $1,400.00 /EA $19,600 Engineering 1 LS @ $9,220.00 /LS $9,220 Total Off -Site Phase 1 Sanitary Sewer Improvements $153,695 Off -Site Water Services 1 EA @ $1,000.00 /EA $1,000 Total Off -Site Phase 1 Water Improvements $1,000 Phase 1 Earthwork TOTAL Phase 1 Off -Site Improvements $305,482 42209 CY @ $2.00 /CY $84,418 TOTAL Phase 1 Improvements $1,374,182 16 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 2A DEVELOPER: PUEBLO DEL SOL, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Street ( Bandera Blvd Asphalt (5" Asphalt on 15" Base) Standard Curb and Gutter Handicap Ramps Square Pan Cross Pan Water 12" PVC Water Main Fire Hydrant Ass'y. Services Sanitary Sewer 10" PVC Sewer Main 48" Manholes Services Storm Sewer 54" Cl. II RCP 43"x68" RCP 30" HDPE Pipe 24" HDPE Pipe Rip Rap Concrete Channel Type III Manhole Type II Manhole Headwall Trash Rack Outlet Structure /Spillway Revegetation Concrete Checker Structure Barricade (Relocate) Street Lights Monuments 5485 SY @ $23.00 /SY $126,155 1672 LF @ $7.80 /LF $13,042 1196 SF @ $3.50 /SF $4,186 2 EA @ $419.00 /EA $838 206 SF @ $3.80 /SF $783 851 LF @ $28.67 /LF $24,398 2 EA @ $3,000.00 /EA $6,000 8 EA @ $480.00 /EA $3,840 835 LF @ $25.00 /LF $20,875 3 EA @ $1,400.00 /EA $4,200 8 EA @ $950.00 /EA $7,600 367 LF @ $133.00 /LF $48,811 100 LF @ $133.00 /LF $13,300 120 LF @ $50.00 /LF $6,000 207 LF @ $36.00 /LF $7,452 25 CY @ $50.00 /CY $1,250 1746 SF @ $2.50 /SF $4,365 1 EA @ $2,200.00 /EA $2,200 2 EA @ $1,600.00 /EA $3,200 1 EA @ $5,000.00 /EA $5,000 1 EA @ $1,000.00 /EA $1,000 1 EA @ $5,000.00 /EA $5,000 0.75 A @ $12,000.00 /AC $9,000 7 EA @ $130.00 /EA $910 1 EA @ $500.00 /EA $500 3 EA @ $1,300.00 /EA 5 EA @ $550.00 /EA TOTAL Phase 2A Bandera Blvd. $3,900 $2,750 $326,555 17 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 2A DEVELOPER: PUEBLO DEL SOL, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Street ( Bandea Place) Asphalt (3" Asphalt on 8" Base) 1052 SY @ $12.90 /SY $13,571 Curb and Gutter 478 LF @ $7.80 /LF $3,728 Water 6" PVC Water Main 226 LF @ $29.00 /LF $6,554 Services 7 EA @ $480.00 /EA $3,360 Permanent Blowoff 1 EA @ $600.00 /EA $600 Sanitary Sewer 8" PVC Sewer Main 215 LF @ $22.00 /LF $4,730 48" Manhole 1 EA @ $1,400.00 /EA $1,400 Services 7 EA @ $575.00 /EA $4,025 TOTAL Bandera Place 37 968 18 SUBDIVISION IMPROVEMENTSAGREEMENT EXHIBIT "B" SUBDIVISION NAME: PUEBLO DEL SOL, $29.00 /LF $17,719 PHASE 2A 1 EA @ DEVELOPER: PUEBLO DEL SOL, LLC Services ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Street (Lomita Drive) 12 "Gate Valve 1 EA @ Asphalt (4" Asphalt on 8" Base) 2243 SY @ $14.80 /SY $33,196 Ramp Curb and Gutter 1200 LF @ $7.80 /LF $9,360 Asphalt Curb & Gutter 150 L @ $7.80 LF $1,170 Temporary cul -de -sac 298 SY @ $11.10 /SY $3,308 Water 12" PVC Water Main 611 LF @ $29.00 /LF $17,719 Fire Hydrant Ass'y. 1 EA @ $3,000.00 /EA $3,000 Services 15 EA @ $480.00 /EA $7,200 12 "Gate Valve 1 EA @ $1,000.00 /EA $1,000 Permanent Blowoff 1 EA @ $600.00 /EA $600 Sanitary Sewer 8" PVC Sewer Main 765 LF @ $22.00 /LF $16,830 48" Manholes 2 EA @ $1,400.00 /EA $2,800 Services 16 EA @ $575.00 /EA $9,200 Street Lights 2 EA @ $1,300.00 /EA $2,600 Monuments 2 EA @ $550.00 /EA $1,100 TOTAL Phase 2A Lomita Drive $109,083 Earthwork (Phase 2A) 25889 CY @ $2.00 /CY 5 778 Phase 2A On -Site Improvements $525,384 19 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 2A DEVELOPER: PUEBLO DEL SOL, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Phase 2A Off -Site Improvements Future Bridle Trail Off -Site Water 16" PVC Water Main 12" Permanent Blow -off 12" PVC Water Main 1555 LF @ $28.67 /LF 1 EA @ $600.00 /EA 26 LF @ $28.67 /LF $44,582 $600 $745 Phase 2A Off -Site Improvements $45,927 20 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT " B " SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 2B DEVELOPER: PUEBLO DEL SOL, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Street (Lomita Drive Asphalt (4" Asphalt on 8" Base) 2372 SY @ $14.80 /SY $35,106 Ramp Curb and Gutter 1334 LF @ $7.80 /LF $10,405 Cross Pan 198 SF @ $3.80 /SF $752 Handicap Ramps 398 SF @ $3.50 /SF $1,393 Square Pan 2 EA @ $419.00 /EA $838 Water 1 EA @ $1,500.00 /EA $1,500 12" PVC Water Main 673 LF @ $28.67 /LF $19,295 Fire Hydrant Ass'y. 1 EA @ $3,000.00 /EA $3,000 Services 15 EA @ $480.00 /EA $7,200 Sanitary Sewer 8" PVC Sewer Main 379 LF @ $22.00 /LF $8,338 48" Manholes 1 EA @ $1,400.00 /EA $1,400 Services 14 EA @ $575.00 /EA $8,050 Storm Sewer 18" HDPE Pipe 179 LF @ $29.00 /LF $5,191 Concrete Channel 430 SF @ $2.50 /SF $1,075 Type "S" Inlet L =4' 1 EA @ $1,800.00 /EA $1,800 Rip Rap 1 CY @ $50.00 /CY $50 Type I- B Manhole 1 EA @ $1,600.00 /EA $1,600 Handrail 1 EA @ $1,500.00 /EA $1,500 Street Lights 2 EA @ $1,300.00 /EA $2,600 Monuments 4 EA @ $550.00 /EA $2,200 TOTAL Phase 2B Lomita Drive $111,793 21 SUBDIVISION IMPROVEMENTSAGREEMENT EXHIBIT "B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 2B DEVELOPER: PUEBLO DEL SOL, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Street (Delicias Drive) Asphalt (4" Asphalt on 8" Base) Ramp Curb and Gutter Handicap Ramps Asphalt Curb & Gutter Temporary cul -de -sac Water 8" PVC Water Main 12" PVC Water Main Fire Hydrant Ass'y. Services Sanitary Sewer 8" PVC Sewer Main 48" Manholes Services Storm Sewer 15" HDPE Pipe 18" HDPE Pipe Type I- B Manhole Type "S" Inlet L =15' Type "S" Inlet L =10' Street Liohts Monuments 5753 SY @ $14.80 /SY $85,144 3129 LF @ $7.80 /LF $24,406 2392 SF @ $3.50 /SF $8,372 150 L @ $7.80 LF $1,170 298 SY @ $11.10 /SY $3,308 640 LF @ $28.67 /LF $18,349 1035 LF @ $28.67 /LF $29,673 4 EA @ $3,000.00 /EA $12,000 35 EA @ $480.00 /EA $16,800 1481 LF @ $22.00 /LF $32,582 4 EA @ $1,400.00 /EA $5,600 35 EA @ $575.00 /EA $20,125 34 LF @ $27.00 /LF $918 581 LF @ $29.00 /LF $16,849 3 EA @ $1,600.00 /EA $4,800 2 EA @ $4,000.00 /LF $8,000 1 EA @ $3,000.00 /LF $3,000 5 EA @ $1,300.00 /EA 6 EA @ $550.00 /EA TOTAL Delicias Drive $6,500 $3,300 $300,897 22 SUBDIVISION IMPROVEMENTSAGREEMENT EXHIBIT "B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 2B DEVELOPER: PUEBLO DEL SOL, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Street (Delicias Place) Asphalt (3" Asphalt on 8" Base) 780 SY @ $12.90 /SY $10,062 Ramp Curb and Gutter 383 LF @ $7.80 /LF $2,987 Water 6" PVC Water Main 142 LF @ $28.67 /LF $4,071 Fire Hydrant Ass'y. 1 EA @ $3,000.00 /EA $3,000 Services 6 EA @ $480.00 /EA $2,880 Permanent Blowoff 1 EA @ $600.00 /EA $600 Sanitary Sewer 8" PVC Sewer Main 147 LF @ $22.00 /LF $3,234 48" Manholes 1 EA @ $1,400.00 /EA $1,400 Services 6 EA @ $575.00 /EA $3,450 Storm Sewer Cross Pan 320 SF @ $3.80 /SF $1,216 Monuments 1 EA @ $550.00 /EA $550 TOTAL Delicias Place $33,451 Phase 2B Earthwork 25888 CY @ $2.00 /CY $51,776 TOTAL Phase 2B On -Site Improvements $497,916 23 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 3 DEVELOPER: PUEBLO DEL SOL, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Street (Encantada Drive) Asphalt (4 "Asphalt on 8 "Base) Ramp Curb and Gutter Asphalt Curb & Gutter WATER 8" PVC Water Main Fire Hydrant Ass'y. Services Permanent Blowoff Sanitary Sewer 10" PVC Sewer Main 48" Manholes Services Storm Sewer 15" HDPE Pipe 18" HDPE Pipe 24" HDPE Pipe 54" Cl II RCP 72 "x54" Reducer Rip Rap Type "S" Inlet L =15' Type I -B Manhole Type III Manhole Type II Manhole Trash Rack Street Lights Monuments 4626 SY @ $14.80 /SY $68,465 2417 LF @ $7.80 /LF $18,853 150 LF @ $7.80 /LF $1,170 377 LF @ $28.67 /LF $10,809 2 EA @ $3,000.00 /EA $6,000 29 EA @ $480.00 /EA $13,920 1 EA @ $600.00 /EA $600 1129 LF @ $25.00 /LF $28,225 4 EA @ $1,400.00 /EA $5,600 29 EA @ $575.00 /EA $16,675 36 LF @ $27.00 /LF $972 215 LF @ $29.00 /LF $6,235 23 LF @ $36.00 /LF $828 1133 LF @ $133.00 /LF $150,689 1 EA @ $3,000.00 /EA $3,000 170 CY @ $50.00 /CY $8,500 3 EA @ $4,000.00 /EA $12,000 2 EA @ $1,600.00 /EA $3,200 2 EA @ $2,200.00 /EA $4,400 1 EA @ $1,600.00 /EA $1,600 1 EA @ $1,000.00 /EA $1,000 4 EA @ $1,300.00 /EA $5,200 6 EA @ $550.00 /EA $3,300 TOTAL Encatada Drive 371 240 Phase 3 Earthwork 42377 CY @ $2.00 /CY $84,754 TOTAL Phase 3 On -Site _11g,994 24 SUBDIVISION IMPROVEMENTSAGREEMENT EXHIBIT "B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 3 DEVELOPER: PUEBLO DEL SOL, LLC ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Phase 3 Offsite Improvements Future Bridle Trail Off -Site Water 12" PVC Water Main 370 LF @ $28.67 /LF $10,608 12" Permanent Blow -off 1 EA @ $600.00 /EA $600 TOTAL Off -Site Phase 3 Improvements $11,208 TOTAL Phase 3 Improvements 467 202 PHASE 1 CONSTRUCTION TOTAL $1,372,032.00 PHASE 2A CONSTRUCTION TOTAL $570,401.00 PHASE 2B CONSTRUCTION TOTAL $497,916.00 PHASE 3 CONSTRUCTION TOTAL $467,202.00 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: DAVE M. STRAVIA FIRM: NORTHSTAR ENGIIN,-E�ER�I /NG AND SURVEYING, INC. REVIEWED BY: CITY OF PUEBLO C M &-1 25 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "C" COLORADO STATE HIGHWAY NO. 78 TRAFFIC SIGNALIZATION Per letter dated February 27, 1997 from the State of Colorado, Department of Transportation, the Subdivider will be responsible for a proportionate share of the estimated costs, outlined as follows: The developer will be required to escrow with or provide a letter of credit, in the amount of 20% of $150,000 or $30,000, to the City of Pueblo for the future installation of traffic signals at the time the 125' lot is developed. The escrow or letter of credit shall be for a period of 7 years. The signal will not be installed until it is warranted. If the signal is not warranted by the end of the escrow time period, the escrow would be returned to the developer. 26 Reception 1226543 06/30/1998 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR PUEBLO DEL SOL Notwithstanding anything to the contrary in the attached Subdivision Improvements Agreement for PUEBLO DEL SOL, the CITY OF PUEBLO, a Municipal Corporation ( "City") and PUEBLO DEL SOL, LLC, a Colorado Limited Liability Company, ( "Subdivider ") agree as follows: 1. The Subdivision will be developed in four separate and distinct phases. 2. Phase 1 (37 lots) shall consist of Lots 1 through 17, Block 1, Lots 1 through 18, Block 2, Lot 33, Block 4 and Lot 1, Block 8. 3. Phase 2A (30 lots) shall consist of Lots 1 through 7, Block 3, Lots 1 through 9, Block 4, Lots 1 through 6 and Lots 22 through 28, Block 5 and Lot 36, Block 6. 4. Phase 2B (57 lots) shall consist of Lots 10 through 32, Block 4, Lots 7 through 21, Block 5 and Lots 1 through 19, Block 6. 5. Phase 3 (29 lots) shall consist of Lots 20 through 35, Block 6 and Lots 1 through 13, Block 7. 6. The Subdivider shall construct and install all of the public improvements in and needed to serve the lots within each Phase as described in Exhibit `B" of the Subdivision Improvements Agreement. 7. When the Subdivider completes the Subdivision requirements and public improvements for a particular Phase, the City will release all of the lots in said Phase from this Agreement as if said Phase was a separate and distinct subdivision. 8. Phases 2B and 3 contain certain lots on which temporary improvements will be constructed as each Phase is built, the "Restricted Lots" which are: Phase 2B — Lot 31, Block 4 Lot 32, Block 4 Lot 18, Block 6 Lot 19, Block 6 temporary improvements — drainage control berm street turnaround Phase 3 — Lot 20, Block 6 Lot 21, Block 6 Lot 22, Block 6 Lot 23, Block 6 Lot 12, Block 7 Lot 13, Block 7 temporary improvements — drainage control berm detention basin street turnaround The Subdivider shall not sell, transfer or otherwise dispose of the Restricted Lots and no building permit will be issued for the Restricted Lots, until such time that the final Phase 3 drainage improvements, associated with Encantada Drive are extended Southerly across the future right -of -way of Bridle Trail and the Director of Public Works releases, in writing, the Restricted Lots from such restriction. All of the remaining lots in Phases 2B and 3 are not and will not be affected by the condition described above. 9. This addendum shall be incorporated in and become a part of the Subdivision Improvements Agreement of Pueblo Del Sol Subdivision and enforceable as provided therein, shall constitute a convenant running with property and shall extend to, be binding upon and inure to the benefit of the successors and assigns of the City and the Subdivider. If there is a conflict between the provisions of this Addendum and the Subdivision Improvements Agreement, the provisions of this Addendum shall control. 10. If any provisions of this Addendum or the Subdivision Improvements Agreement are determined to be invalid or unenforceable, such determination shall not effect the validity of other provisions. 11. All rights and remedies of the City under this Addendum or the Subdivision Improvements Agreement shall be cumulative and in addition to any right or remedy existing at law or in equity. Neither delay nor failure by the City to exercise any right or remedy shall impair or constitute a waiver. 12. If litigation is filed concerning the Subdivision Improvements Agreement or this Addendum, the prevailing party shall receive reasonable attorney's fees from the other party. SUBDIVIDER: PUEBLO DEL SOL, LLC, a Colorado Limited Liability Company By: 0 l osep) (0 . Watson, III, Manager STATE OF COLORADO COUNTY OF PUEBLO ss. Subscribed and sworn to me on J" N 1 I S _, 1998, by Joseph O. W� Manager of Pueblo Del Sol, LLC, a Colorado Limited eiability Company. J My Commission Expires: 1 0 ItI Z , Sr SZ. Qc'�ny '�d, Co ' f Muir ytbva ;���, Al J ti : l [9N7.'1 � ►y Notary CITY OF PUEBLO, a Municipal Corporation By: L President of the CC#cil z fp cn `A,Z,, O G OB' City Cl 9603502.1000 Reception 1226544 06/30/1998 EASEMENT AND RIGHT -OF -WAY THIS EASEMENT granted this / day of ���-�- X1997, by BLRD, LLC, a Colorado Limited Liability Company, 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 all public utilities, in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: SEE ATTACHED EXHIBIT A TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance, control, and repair, and together with the right to use so much of the adjoining property of GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy said property for any purpose consistent with the right and privilege above granted and which will not interfere with or endanger any of GRANTEE'S 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 any building or any other structure or mobile home trailer unit upon the easement herein granted. 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 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 ; 1997. BLRD, LLC, a Colorado Limited Liability Com Za�� B Y Manager / 11 STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before. me in Pueblo County, Colorado, this � day of c iii = ,1997 by �Clt • 1��2�._ ��'���: _ as Manager of BLRD, LLC. Witness my hand and official seal. My commission expires: ` N6tary P blic EXHIBIT A An easement for all public utilities through a portion of the South 40 feet of Section 17, Township 21 South, Range 65 West of the 6th P.M. being 60 feet in width, 30 feet on each side of the following described centerline: Considering the South boundary line of Pueblo Del Sol, according to the recorded plat thereof to bear N. 88 °22'10 "W. and all bearings contained herein being relative thereto. Beginning at the intersection of the centerline of Delicias Drive, as platted in said Pueblo Del Sol and the South boundary line of said subdivision; thence S.01 0 37 1 50 "W., a distance of 40.00 feet to the South line of said Section 17 and the Point of Terminus. E An easement for all public utilities through a portion of the South 40 feet of Section 17, Township 21 South, Range 65 West of the 6th P.M. being 60 feet in width, 30 feet on each side of the following described centerline: Considering the South boundary line of Pueblo Del Sol, according to the recorded plat thereof to bear N. 88 0 22 1 10 "W. and all bearings contained herein being relative thereto. Beginning at the intersection of the centerline of Encantada Drive, as platted in said Pueblo Del Sol and the South boundary line of said subdivision; thence Southerly, along the arc of a curve to the left whose center bears S.83 °58 "E. and whose radius is 270.00 feet, a distance of 20.75 feet; thence S.01 0 37 1 50 "W., a distance of 19.27 feet to the South line of said Section 17 and the Point of Terminus. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5th Street Pueblo, CO 81003 August 19, 1997 JN 96 035 02 9603502.100 b oo -- - - - - -------------- --------- - - - -- ti \. 0 rq Gi o ` o \ n1 � b " (JI • . <• \� � -y / � � ' \ I cn y r �?1 6:0 0 "i i V •� i 0 0 t ' i 0 i 0 o Reception 1226545 06/30/1998 EASEMENT AND RIGHT -OF -WAY THIS EASEMENT, granted this Thomas Moore, Jr. and Danette Municipal Corporation, GRANTEE: day of � 19 c by Pantleo, GRANTOR 6, to PUEBLO, a W I T N E S E T H: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the GRANTEE, receipt of which is hereby acknowledged, GRANTORS hereby grant to GRANTEE, its successors and assigns, a 20 foot easement and right -of -way for the purpose of storm drainage, in, through, over, under and across GRANTORS' property situated in Pueblo County, Colorado, and described as follows: See attached EXHIBIT A TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance, control, and repair, and together with the right to use so much of the adjoining property of GRANTORS for said purposes. The GRANTORS reserve the right to use and occupy said property for any purpose consistent with the right and privilege above granted and which will not interfere with or endanger any of GRANTEE'S equipment or facilities therein or use thereof. Such reservation by the GRANTORS shall in no event include the right to locate or erect or cause to be located or erected any building or any other structure or mobile home trailer unit upon the easement herein granted. GRANTORS warrant to GRANTEE that GRANTORS (a) have good and sufficient right and title in and to the property and full power to grant this easement and right -of -way, and (b) will defend GRANTEE'S quiet and peaceful possession of the easement and right -of -way against all persons who may lawfully claim title to the property. "GRANTEE" shall include the plural and the feminine. This easement and right -of -way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the GRANTORS and GRANTEE. SIGNED this day of ,.� 19_7. GRANTORS: By: Thomas Moore, Jr. By �- . r �t., f � y ` Y7_. 1, � " T: Dan tte Pantleo PUEBLO ) cn )SS. -Vf i"] QF COLORADO ) . The foregoing instrument was acknow edged before me in '' %, F$t�e o ounty, Colorado this �� day of , '•`!�ra1A `` by Thomas Moore, Jr. and Danette Pantleo. Witness my hand and official seal. My commission expires: tia — /i Nptary Public (SEAL) 9603502.103 EXHIBIT A PROPOSED STORM DRAINAGE EASEMENT: An easement for storm drainage purposes, being 20 feet in width and being the North 20 feet of the following described parcel of land: A certain parcel of land, being a part of the W1/2 of the NW1 /4 of Section 16, Township 21 South, Range 65 West, more particularly described as follows: Commencing at a point on the East -West centerline of the said Section 16, said point being 880 feet East of the West 1/4 corner of the said Section 16, thence N.0 parallel and 880 feet East of the West line of said Section 16, a distance of approximately 990 feet, to a point 350.00 feet South of the right - of -way line of Colorado State Highway No. 76, measured along this line of extended to the said right -of -way, and the Point of Beginning of the herein described parcel of land; thence N.52 parallel with the right -of -way line of Colorado State Highway No. 76, a distance of 200.00 feet; thence S. 0 parallel with the said West line of Section 16, a distance of 350.00 feet; thence S.52 parallel with the said right -of- way, a distance of 200.00 feet; thence N.0 parallel with the said West line of Section 16, a distance of 350.00 feet to the Point of Beginning. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5th Street Pueblo, CO 81003 September 17, 1997 JN 96 035 02 0.11193" P� �G 5 P� O P P.O.B. P o P� 's QP� s , 0 h� 0 U W SC AIL 1" - too' 1 111111 11111 11111111111 1111111111111111 111 111111111 111 1226545 06/30/1998 12:20P EASE Chris C. Munoz 3 of 3 R 16.00 D 0.00 Pueblo Cty Clk 8 Rec. 0 0 U W EXHIBIT A PER 8001: 2401. PAGE 409 RECORDED JUNE 15. 1988