HomeMy WebLinkAbout06221Reception 1205871
02/17/1998
ORDINANCE NO. 6221
AN ORDINANCE APPROVING THE PLAT OF REGENCY
RIDGE SUBDIVISION, 5TH FILING
BE ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that
SECTION 1.
The final plat of Regency Ridge Subdivision, 5th Filing, being a subdivision of land
legally described as follows:
A parcel of land located within the Southwest 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 3, 4, 5, a portion of Lots 1, 2, 6, 7, 12, 13, 14, 15, and 16, all in
Block 3, a portion of vacated Chicago Avenue all within Shull's Subdivi-
sion, according to the recorded plat thereof filed for record July 14, 1887 of
the Pueblo County Records, and being more particularly described by meets
and bounds as follows:
Commencing at a point on the North line of the Southwest 1/4 of said Section
9, said Point also being the Southeast corner of Lot 26 of Regency Park,
15th Filing as recorded in Book 2443 at Page 186 of the Pueblo County records;
Thence S 02° 36'01" W a distance of 201.01 feet to the True Point of Beginning:
Thence along a curve to the right a distance of 32.67 feet, said curve having a
radius of 310.00 feet and a central angle of 06° 02' 20 "; Thence S 18° 43' 01" W,
a distance of 170.63 feet; Thence along a curve to the left 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 71° 35' 55" E a distance of 80.00 feet; Thence N 79° 00' 47" E a
distance of 112.00 feet; thence along a curve to the left a distance of 40.69 feet,
said curve having a radius of 52.00 feet and a central angle of 44° 49' 57 "; Thence
S 50° 49'35" W a distance of 106.55 feet; thence S 63° 04'51" W a distance of
80.00 feet; Thence N 26° 55' 09" W a distance of 16.48 feet; Thence S 74° 27' 44"
W a distance of 105.72 feet; Thence S 90° 00'00" W a distance of 136.44 feet;
Thence S 77° 15'26" W a distance of 202.31 feet; Thence N 00° 02' 42" W a
distance of 727.09 feet; Thence S 65° 38'47" E a distance of 1259.35 feet; Thence
S 78° 09'53" E a distance of 326.34 feet to the Point of Beginning, said parcel
contains 6.16 acres, more or less,
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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.
x
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ATTEST:
ity Clerk
INDRODUCED July 14 1997
By Samuel Corsentino
Councilperson
APPROVED
Presiden6of th Council
6/30/97
Reception 1205872
02/17/1998
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on . R' , 199&, 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, 5 " 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."
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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.
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.
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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
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subdivided land shall remain liable and responsible for all the Required Public
Improvements.
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.
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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 Liabili , Corporation
Subdivider
(SEAL)
STATE OF COLORADO
COUNTY OF PUEBLO
By:
ss.
The foregoing instrument was acknowledged before me on
. 0.� . C , 1991, by e Air • A be-v An—
Subdivider.
My commission expires:
qq
Nota y Public
-; (SEAL)
CITY OF PUEBLO, a Municipal
Corporation
President o he Council
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ATTEST:
City Clefl
STATE OF COLORADO
COUNTY OF PUEBLO
ss.
The foregoing instru ent w acknowled d before me on
r ��z. , l a , b
(Ti n h ,
as President of rty Council, and
as City Clerk of the City of Pueblo, Colorado.
� • ,::. .. My, commission expires: g ZI -
-SEAL)
APPROVED AS TO FORM:
City Attorney-"
4 va-, t I L r I . J" 1,
Notary Public
C,
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EXHIBIT A
A Parcel of loud located within tho `-southwest 1 4 o.
9, Township 21 South, Range 65 West, of the 61h Pnnclpai
Meridion, Pueblo County, State of Colorado, being mc-e
particularly described as,
All of Lots 3, 4, 5, a portion of lots 1, 2, 6, 7, 12, 1.5,
14, 15, and 16, all in Block 3, a portion of vacated
Chicago Avenue all within Shull's Subdivision, according to
the recorded plot thereof filed for record July 14, 1887 of
the Pueblo County Records, and being more particularly
described by meets and bounds as follows:
Commencing at a Point on
the North line of the Southwest
114 of said Section 9,
said
Point also being the Southeast
corner of Lot 26, Block 30
of Regency Park, 15th Filing cs
recorded in Book 2443
at Page 186
of the Puehlo Cneunly
records:
Thence S 02' 36' 01"
W a
distance
of 201.01 Feet to the
TRUE POINT OF BE GINNING:
Thence along a curve
to the right a
distance of 32.67 feet,
said curve having a radius
of 310.00 Feet and a central
angle of 06' 02' 20 ":
Thence S 18' 43' 01"
W a
distance
of 170.63 Feet:
Thence along a curve
to the left a
distance of 252.66 Feet,
said curve having a radius
of 390.00 Feet and o central
angle of 37' 07' 06 ":
Thence N 71' 35' 55"
E a
distance
of 80.00 Feet:
Thence N 79' 00' 47 "
E a
distance
of 112.00 Feet:
Thence along a curve
to the
left a
distance of 40.69 Feet,
said curve having a radius
of 52.00
Feet and a central
angle of 44' 49' 57 ":
Thence S 50' 49' 35"
W a
distance
of 106.55 Feet:
Thence S 63' 04' 57"
W a
distance
of 80.00 Feet:
Thence N 26' 55' 09"
W a
distance
of 16.48 Feet:
Thence S 74' 27' 44"
W a
distance
of 105.72 Feet:
Thence S 90' 00' 00"
W a
distance
of 136.44 Feet:
Thence S 77' 15' 26"
W o
distance
of 202.31 Feet:
Thence N 00' 02' 42"
W a
distance
of 727.09 Feet:
Thence S 65' 38' 47"
E a
distance
of 159.35 Feet:
Thence S 78' 09' 53 "
E a
distance
of 326.34 Feet to the
POINT OF BEGINNING.
Said Parcel containing 6.16 Acres more of less.
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SUBDIVISION NAME: REGENCY RIDGE SUBDIVISION, 5TH FILING
DEVELOPER: RRDC H, L.L.C., A Limited Liability Corporation
ENGINEER: ABEL ENGINEERING PROFESSIONALS, INC.
STREET IMPROVEMENTS
NAME: HARDWICK COURT
Grade, Pavement (5" full depth)
1501.4 SY @ $11.00 / SY
= $ 16,515.40
Curb and Gutter
674.9 LF n, $7.80 / LF
= $ 5,264.22
Sidewalk (4" concrete)
2699.6 SF a, $2.50 / SF
= $ 6,749.00
Water Main and Appurtenances
Main (6 ") 314.5 LF @ $29.22 / LF
= $ 9,189.69
Service Line 12 EA e , $480.00 EA
= $ 5,760.00
Sanitary Sewer and Appurtenances
Main (8 ") 316.5 LF Cad $22.00 / LF
= $ 6,963.00
Manhole 1 EA @ $1400.00 EA
= $ 1,400.00
Service line 12 EA. @ $575.00 EA.
= $ 6,900.00
Street Lights
2 EA @ $1200 EA
= $ 2,400.00
Monument Box
2 EA @a $450 EA
= .$ 900.00
SUB -TOTAL = $ 62,041.31
NAME: STONEACRE COURT
Grade, Pavement (5" full depth)
834.2 SY @ $12.90 / SY = $ 10,761.18
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Curb and Gutter
611.63 LF @ $7.80 / LF
= $ 4,770.71
Sidewalk (4" concrete)
2446.52 SF n, $2.50 / SF
= .$ 6,116.30
Water Main and Appurtenances
Main (6 ") 285.7 LF Q $29.22 / LF
= $ 8,348.15
Service Lines 12 EA @ $480 / EA
= $ 5,760.00
Sanitary Sewer and Appurtenances
Main (8 ") 287.7 LF @ $22.00 / LF
= $ 6,329.40
Service Lines 12 EA @ $575 / EA
= $ 6,900.00
Manhole 1 EA e $1400.00 EA
= $ 1,400.00
Street Lights
2 EA @ $1200 EA
= $ 2,400.00
Monument Box
3 EA @ $450 EA
= $ 1,350.00
SUB -TOTAL = $54,135.74
DRAINAGE IMPROVEMENTS
Overlot Grading
10500 CY @ $2.00 /CY = $ 21,000.00
Flood Control Plates (to replace current plates)
1 LS @ $500.00 EA = 500.00
SUB -TOTAL = $ 21,500.00
GRAND TOTAL ................ = $ 137,677.05
PREPARED BY: JOHN D. CHRISMAN DATE: JANUARY 7, 1998
FIRM: ABEL ENGINEERING PROFESSIONALS, INC—
REVIEWED BY: (: I a.— / r /9?
CITY OF PUEBLO DATE
A-M
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ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
FOR
REGENCY RIDGE SUBDIVISION, 5th FILING
This Addendum shall be incorporated in and become apart of the MIN. 8 , 1998
Subdivision Improvements Agreement for the Regency Ridge Subdivision, 5th Filing (herein
the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement.
Lots 1 through 12, Block 1, Regency Ridge Subdivision, 5th Filing may not be
sold or transferred or building permits issued, and Hardwick Court shall not be
constructed until drainage facilities have been provided to accept surface storm water
drainage from said lots and street, in accordance with construction plans approved in
writing by the City Director of Public Works.
2. The covenants of this Addendum shall run with the land within the Subdivision and
shall extend to, be binding upon, and inure the benefit of the City of Pueblo and
Subdivider and their respective heirs, personal representatives, successors, and
assigns. This Addendum may be specifically enforced against the Subdivider and
subsequent owners of lots within the Subdivision.
Executed at Pueblo, Colorado as of the date and year stated above.
SUBDIVIDER: PUEBLO, A MUNICIPAL CORPORATION
By:
By:
Name:
Title: iW,4zt / k,) C, 1.4-1'L - 11-1P A;1 /L_-
Reception 1205874
02/17/1998
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this V-- day of / , 1998, by RRDC II, L.L.C.,
Grantor, to Pueblo, a Municipal Corporation, Grantee:
1hLM1IRLM
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 a temporary 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 7 Pk day of 1�Cte\"ct,- y , 1998
GRANTOR:
By: -�� )O�
COUNTY OF PUEBLO )
STATE OF COLORADO) s.s.
The foregoing instrument was acknowledged before me this 0 ' day of� `1'98 • • ''• -i
by Roger H. Fonda. �:• ` �Q1� +'; y
Witness my hand and official seal M commission ex 'res:/
CL XA
Notary Nb lic rr "'r ^ +rarrnr
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Exhibit A
A 10 Feet strip of land located within the Southwest 1/4 of Section 9, Township 21 South, Range
65 West, of the 6' Principal Meridian, County of Pueblo, State of Colorado, Being more
particularly described as;
A portion of Lots 6, 7, 16, and 17, Block 3, all within Shull's Subdivision, according to the
recorded plat thereof, filed July 14, 1887 of the Pueblo County Records, and being more
particularly described as;
Commencing at a point on the North line of the Southwest 1/4 of said Section 9, said point also
being the Southeast corner of Lot 26, Block 30, Regency Park, 15"' Filing, as recorded in Book
2443, Page 186, of the Pueblo County Records:
Thence S 02'58'17"W a distance of 723.28 Feet to the True Point of Beginning;
Thence S 74 °27'44 "W a distance of 105.72 Feet,
Thence S 90 °00'00 "W a distance of 136.4=1 Feet;
Thence S 77° 15'26 "W a distance of 202.31 Feet;
Thence S 00 °02'42 "E a distance of 10.25 Feet,
Thence N 77° 15'26 "E a distance of 203.44 Feet;
Thence N 90 °00'00 "E a distance of 136.69 Feet,
Thence N 74 °27'44 "E a distance of 109.10 Feet,
Thence N 26 °55'09 "W a distance of 10.20 Feet to the Point of Beginning.
Said parcel contains 4468.50 Square Feet, more or less.
Bearings are based on the assumption that the North line of the Southwest 1\4 of said Section 9
bears N 88 °26'26 "W.
Reception 1205875
02/17/1998
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 7M day of J CuAL&k,r - 4 , 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 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 a temporary 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 c k #- 1998
GRANTOR:
By:
COUNTY OF PUEBLO )
STATE OF COLORADO) s.s. ,,.•�` A .,
' . • C' �j ,.-
The foregoing instrument was acknowledged before me this A day o •:
by Roger H. Fonda.
Witness my hand and official seal. My commis on e Tres: B \SG o
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Nota Publ ,c
1 1111 11111 IIIII 1111111 III I 1 1111111111 iii 111111111 iii
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Exhibit A
A 10 Feet strip of land located within the Southwest 1/4 of Section 9, Township 3l South, Ran�_e
65 West, of the 6 "' Principal Meridian, County of Pueblo, State of Colorado, Being more
particularly described as;
A portion of Lots 1,2, and 12, Block 3, all within Shull's Subdivision, according to the recorded
plat thereof, filed July 14, 1887 of the Pueblo County Records, and being more particularly
described as;
Commencing at a point on the North line of the Southwest 1/4 of said Section 9, said point also
being the Southeast corner of Lot 26, Block 30, Regency Park, 15"' Filing, as recorded in Book
2443, Page 186, of the Pueblo County Records.
Thence S 00°39'52 "W a distance of 136.37 Feet;
Thence along a curve to the right a distance of 55.00 Feet, said curve having a radius of 310 00
Feet and a central angle of 10 °09'55" to the True Point of Beginning;
Thence along said curve to the right a distance of 10.00 Feet, said curve to the right having a
radius of 310.00 Feet and a central ankle of 1 '50'54"
Thence N 78° 09'53 "W a distance of 32634 Feet;
Thence N 65' 38'47 "W a distance of 159. Feet,
Thence N 00° 03'42 "W a distance of 10.98 Feet;
Thence S 65°38'47 "E a distance of 162.78 Feet,
Thence S 78° 09'5 '1"E a distance of 325.23 Feet to the Point of Beginning.
Said parcel contains 4868 75 Square Feet, more or less
Bearings are based on the assumption that the North line of the Southwest 1\4 of said Section 9
bears N 88 °26'26 "W.
Reception 1205876
02/17/1998
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this lt� day of ov' , 1998, by RRDC I1, 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 80 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 1 day of g , 1998
GRANTOR:
B
COUNTY OF PUEBLO )
STATE OF COLORADO) s.s. , %4 A ''•
The foregoing instrument was acknowledged before me this day of � CL V - ILL r w -, ,A i
by Roger H. Fonda.
r z
Witness my hand and official seal. My commis ion ex p' es
'�y r 0 cot-
Nota Public
11111111111111111111111111111111111111111111111 IN
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Exhibit A
A strip of land located within the Southwest 1/4 of Section 9, Township 21 South, Range 65
West, of the 6"' Principal Meridian, County of Pueblo, State of Colorado, Being more particularly
described as;
A portion of Lots 16,17, 18, and 19, Block 3, a portion of Lots 8, 9, and 10, Block 4, and a
portion of vacated Chicago Avenue, all within Shull's Subdivision, according to the recorded plat
thereof, filed July 14, 1887 of the Pueblo County Records, and being more particularly described
as;
Commencing at a point on the North line of the Southwest 1/4 of said Section 9, said point also
being the Southeast corner of Lot 26, Block 30, Regency Park, 15 "' Filing, as recorded in Book
2443, Page 186, of the Pueblo County Records:
Thence S 03 °22'22 "E a distance of 702.00 Feet to theTrue Point of Beginning;
Thence S 26 °55'09 "E a distance of 300.00 Feet;
Thence S 63' 04'5 t "W a distance of 80.00 Feet;
Thence N 26 55'09 "W a distance of 300.00 Feet,
Thence N 6')'04'5 1 "E a distance of 80.00 Feet to the Point of Beginning.
Said parcel contains 0.55 acres, more or less.
Bearings are based on the assumption that the North line of the Southwest 1 of said Section 9
bears N 88 °26'26 "W.
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