HomeMy WebLinkAbout06245Reception 1193154
11/10/1997
ORDINANCE NO. 6245
AN ORDINANCE APPROVING THE PLAT OF VINEWOOD
SUBDIVISION FILING NO. I
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Vinewood Subdivision Filing No. 1., being a subdivision of land legally
described as:
A parcel of land in the NE 1 /4of the NW 1/4 of Section 22, Township 21 South, Range
65 West of the 6th P.M. and being more particularly described as follows:
Considering the North line of said Section 22 to bear N 89 °40 "00' E. and all bearings
contained herein being relative thereto.
Beginning at the Southwest corner of Lot 1, Block 15 in South Park, Sixth
Filing, according to the recorded plat thereof, filed for record March 31, 1966;
thence S.00 °35'00" E., along the East right -of -way line extended of Hollywood
Drive. as platted in said Sixth Filing, a distance of 56.19 feet; thence South-
westerly along the arc of a curve to the right whose radius is 640.00 feet, a
distance of 302.64 feet; thence S. 26 °30'37" W., a distance of 148.64 feet;
thence Southerly along the arc of a curve to the left whose radius is 560.00
feet, a distance of 101.08 feet; thence N.73 °49'54 "W., a distance of 80.00 feet;
thence N.75 °54'16" W., a distance of 66.97 feet; thence S.89 °40'00 "W., a
distance of 406.90 feet; thence N.00 °20'00" W., a distance of 160.00 feet;
thence N.89 °40'00" E., a distance of 39.89 feet; thence N.00 °20'00" W., a
distance of 100.00 feet; thence S.89 °40'00" W., a distance of 54.00 feet;
thence N.00 °20'00" W., a distance of 100.00 feet; thence S.89 °40'00" W.,
a distance of 10.20 feet; thence N.00 °20'00" W., a distance of 175.00 feet
to the said North line of Section 22; thence N. 89 °40'00" E., along said North
line, a distance of 745.89 feet to the Point of Beginning, containing 8322 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 easements,
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public sites, parks and open spaces by the City does not obligate the City to maintain or repair
same until such streets, rights -of -way, utility and drainage easements, public sites, parks and
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.
Neither the adoption of this ordinance and the requirements imposed hereby shall create
any duty or obligation of any person, firm, corporation or other entity with regard to the enforce-
ment or nonenforcement of this ordinance or the City's Subdivision Ordinances and regulations.
No person, firm, corporation or other entity shall have any private right of action, claim or
demand against the City or its officers, employees or agents, for any injury, damage or liability
arising out of or in any way connected with the adoption, enforcement, or nonenforcement of
this ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering,
surveying, drainage improvement or other work or improvements required thereby. Nothing
in this ordinance or in the City's subdivision ordinances and regulations shall create or be
construed to create any claim, demand or liability against the City or its officers, employees
or agents, or to waive any of the immunities, limitations on liability, or other provisions of the
Colorado Governmental Immunity Act, Section 24 -10 -101, et seq. Colorado Revised Statutes,
or to waive any immunities or limitations on liability otherwise available to the City or its
officers, employees or agents.
SECTION 4.
This ordinance shall be approved upon final passage but shall not become effective
until (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of
Title XII of the 1971 Code of Ordinances meeting and complying with the subdivision require-
ments of the City have been filed with and approved by the Director of Public Works, and (b)
the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder.
If any such filings and approvals have been deferred pursuant to Section 12 -4 -5 (B) (2) of the
1971 Code of Ordinances, and are not for any reason filed and approved within one (1) year
after final passage of this Ordinance, or within any extended period granted by Resolution
of the City Council, this Ordinance shall automatically be rescinded and repealed thirty
(30) days after written notice of such rescission and repeal is given to the Subdivider. No
vested rights shall accrue to the subdivision or be acquired until this Ordinance or the final
subdivision plat becomes effective.
IIIIIII "I'I /,a 1997 Q . gA 63054 P639 ORD Rec
11 3134R1161001D0.00 N 0.00 Pueblo Cty Clk &
INTRODUCED August 11 1997
By Samuel Corsentino
Councilmember
APPROVED C"--
President the uncil
ATTEST:
City Clerk
7/30/97
Reception 1193156
11/10/1997
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this SCL day of
of 199 : , by and between the CITY OF PUEBLO, a
Municipal Corporation, hereinafter referred to as "City ", and
HORIZON COMMUNITIES, INC., a Colorado Corporation, hereinafter
referred to as "Subdivider ".
W I T N E S E T H:
WHEREAS, Subdivider has subdivided or is about to subdivide a
certain tract of land located in the City and legally described as
set forth in Exhibit "A ", which is attached hereto and
incorporated herein; and
WHEREAS, the Subdivider, as a condition of approval of the
final plat of VINEWOOD SUBDIVISION, A SPECIAL AREA PLAN, wishes to
enter into this Subdivision Improvements Agreement as authorized
by Chapter 4, Title XII of the 1971 Code of Ordinances; and
WHEREAS, Subdivider is required pursuant to Section 12- 4 -7(J)
of the 1971 Code of Ordinances of the City to construct and
install certain public improvements as set forth in Exhibit " B " ,
which is attached hereto and incorporated herein; and
WHEREAS, pursuant to Chapter 4, Title XII of the 1971 Code of
ordinances Subdivider is obligated to provide security or
collateral sufficient in the judgment of the City Council to make
reasonable provisions for the construction and completion of the
required public improvements set forth in Exhibit "B ".
NOW THEREFORE, in consideration of the following mutual
covenants and agreements, the City and Subdivider agree as
follows:
1. Subdivider agrees within one hundred and eighty (180)
days after application for a building permit to construct any
building or structure on any building site within the subdivision,
or upon the issuance of a certificate of occupancy for any such
building or structure, whichever is sooner, to construct and
install at his sole cost and expense all of those public
improvements set forth in Exhibit "B ", which is attached hereto
and incorporated herein.
2. In lieu of installing the required public improvements
set forth in Exhibit " B: within one hundred eighty (180) days,
Subdivider or any subsequent owner of the land or any portion
thereof shall deposit cash or other collateral with the Director
of Finance of the City, or with any bank or trust company licensed
in the State of Colorado, subject to an escrow agreement approved
by the City Attorney. The holder of such cash or collateral shall
pay all or any portion thereof to the City upon demand after the
time for completion of all required improvements by Subdivider or
subsequent owner shall have expired. Such deposit or escrow
agreement shall be hereinafter referred to as the "deposit ".
3. The amount of the deposit shall be computed by the
City's Director of Public Works by estimating the total costs of
all uncompleted improvements required by this section within the
block at the time application for building permit is made. The
amount of the deposit required by this alternative shall be not
less than 250 of such estimate plus the costs of extending all
required sewer and water lines from the nearest existing sewer and
water lines to the proposed building site for which a building
permit is sought, plus improvements of a like nature whichever is
nearer to the proposed building site. In any case where the
block, as hereinafter defined, shall exceed one thousand (1,000)
feet in length between intersecting streets, the estimate of the
City Director of Public Works under this paragraph may be reduced
to the total costs of all uncompleted improvements in at least
one -half of such block, and the required deposit shall be based
upon such decreased estimate,
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provided, however, Subdivider shall undertake to provide a
turnaround of at least sixty (60 feet in diameter at the mid -
block point and barricade said streets so that no through traffic
shall be permitted beyond the point to which the estimate of the
Director of Public Works is based.
4. Within one hundred eighty (180) days after subsequent
application for a building permit to construct any building or
structure upon any building site within the block, or upon the
issuance of a certificate of occupancy for any such building or
structure, whichever is sooner, Subdivider shall likewise deposit
an amount not less than the estimate of the Director of Public
Works for all required improvements from existing improvements to
the proposed building site, less any previous deposits made
hereunder upon building sites lying between the most recently
proposed site and existing improvement.
5. The City may treat the amount of such deposit as a debt
due the City from Subdivider or subsequent owner, which debt shall
be a lien upon all the land in the Subdivision and notice of lien
may be filed for record in the office of the County Clerk and
Recorder at any time after such default. Action upon such debt
may be instituted by the City within six (6) years from the date
of filing such lien for record. All remedies provided for herein
are cumulative and the use of one shall not prohibit the use of
another.
6. Upon payment of each such deposit, the City Director of
Public Works shall release the proposed building site from the
terms of this Agreement.
7. As a condition of approval of this Subdivision, and to
meet the requirements of Section 12- 4 -7(J) of the 1971 Code of
Ordinances, Subdivider specifically agrees that no certificate of
occupancy shall be issued by the Pueblo Regional Building
Department until a certificate of compliance has been approved and
issued by the City Director of Public Works and duly recorded in
the Office of the Pueblo County Clerk and Recorder which certifies
that those public improvements set forth in Exhibit "B ", or that
portion of said improvements as shall be necessary to totally
serve specific lot(s) or block(s) for which building permits or
certificates of occupancy are sought and which are covered by a
particular certificate of compliance, have been properly designed,
engineered, constructed, and accepted as meeting the
specifications and standards of the City.
These restrictions on the issuance of certificates of
occupancy shall run with the land and shall extend to and be
binding upon the heirs, executors, legal representatives,
successors and assigns of Subdivider and may be specifically
enforced by the City.
8. Acceptance of this Subdivision by the City does not
constitute an acceptance of the roads, park, and other public
improvements for maintenance by the City. Until such roads and
other park and public improvements have been installed and meet
the requirements, standards, and specifications of the City, its
Subdivision ordinances, and any applicable Parks Department
specifications, and such are specifically approved and accepted in
writing by the City Director of Public Works, and, if appropriate,
the City director of Parks and Recreation, the maintenance,
construction, and all other matters pertaining to or affecting
said roads, park and other public improvements and rights of way
are the sole responsibility of the Subdivider or any subsequent
owner(s) of the land within this Subdivision.
9. The required time for completion of all such improvements
by Subdivider within such block shall be one (1) year from the
date of application for the first building permit issued within
such block. Upon completion and written approval and acceptance
of such improvements within the required time and the payment of
all inspection costs by Subdivider, the Director of Public Works
shall cause all obligations of Subdivider relating to such
improvements within such block to be released. If said
improvements are not completed within the required time, the City
Director of Public Works may cause the proceeds of all deposits or
other collateral or -2-
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monies in escrow to be used to complete the same. If sufficient
monies are available at the end of the required time to complete
all such improvements herein required for the entire length of
such block, the Director of Public Works shall cause all
collateral or monies in escrow to be reduced in cash and shall
deposit the same with the Director of Finance and such cash shall
be used to complete that portion of the improvements the Director
of Public Works shall determine. Until all improvements are
completed and approved by the Director of Public Works, Subdivider
and the subdivided land shall remain liable and responsible
therefor.
10. For purposes of this Agreement, the word "block" shall
mean both tiers of lots fronting or abutting upon the street which
the proposed building or structure shall front to the rear
property line of such lots, or the center line of the alley, if
there is an alley, enclosed at either end by a street which
intersects both tiers of lots, and shall include the full width of
all streets upon which such lots abut.
11. Subdivider agrees to provide the City with a current
title insurance commitment at the time of final platting
evidencing that fee simple title of all lands in the Subdivision
is totally vested with the Subdivider free and clear of any and
all encumbrances. If such land is not free and clear, the holder
of such indebtedness shall subordinate its interest or encumbrance
to this Agreement and all its terms, conditions, and restrictions.
12. It is mutually agreed that the City or any purchaser of
any lot(s) within this Subdivision shall have the authority to
bring an action in any Court of competent jurisdiction to compel
the enforcement of this Agreement or any amendment thereto. Such
authority shall include the right to compel rescission of any
sale, conveyance, or transfer of any lot(s) or tract(s) contrary
to the provisions of the Ordinances of the City or this Agreement.
13. The parties hereto mutually agree that this Agreement may
be amended from time to time by mutual consent provided that such
amendment be in writing and be signed by all parties hereto.
14. This Agreement shall extend to and be binding upon the
successors and assigns of the City and upon the heirs,
administrators, executors, successors, assigns, and legal
representatives of Subdivider, and shall be placed on record in
the office of the County Clerk and Recorder Pueblo County,
Colorado, and shall constitute an agreement running with the land
until released as hereinabove set forth.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed and attested by its duly authorized and acting
officers and the seal of the Subdivider set hereon.
HORIZON COMMUNITIES, INC.
a Colorado Corporation
Subdivider
By
Edward L. Robinson, President
(S E A L)
STATE OF COLORADO)
) s s . By
COUNTY OF PUEBLO ) Robert W. Leach, Vice - President
The fo e o instrument was acknowledged before me this Q5�
day of 6CyQ_r , 199 , by Edward L. Robinson,
President and Robert W. Leach, Vice President of HORIZON
COMMUNITIES,INC., a Colorado Corporation, Subdivider.
My commission expires: 8Ja8la
4
Notary Public
Address:46 1II ES{�
PUCblO, CO S /603
CITY OF PUEBLO, a Municipal Corporation
by
Pr
City Clerk
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
0
W vV�V�
Pr V of t e Council
The foregoing instrument was acknowledged before me this
day of ) �c ,, ii` 199 by x /� t �.,, I1< , as
_)
President of City Council, and ( /IlIIt, as City
Clerk of the City of Pueblo, Colorado.
M commission e
y
y
(SUE A I,()
71 ro
APPROVED At
Notary
TO FORM:
City Attorney
blic
/ /,/c n �r >, /�/ -
1 . / �'� ,sicc/
ess:
IMAM
1 1 I
1193156 11/10/1997 09:48A 83054 P645 AGREE
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SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT " A "
A parcel of land in the NE 1/ of the NW 1/ of Section 22, Township
21 South, Range 65 West of the 6th P.M. and being more
particularly described as follows:
Considering the North line of said Section 22 to bear
N.89 0 40'00" E., and all bearings contained herein being relative
thereto.
Beginning at the Southwest corner of Lot 1, Block 15 in South
Park, Sixth Filing, according to the recorded plat thereof, filed
for record March 31, 1966; thence S.00 ° 35'00" E., along the East
right -of -way line extended of Hollywood Drive, as platted in said
Sixth Filing, a distance of 56.19 feet; thence Southwesterly,
along the arc of a curve to the right whose radius is 640.00 feet,
a distance of 302.64 feet; thence S.26 0 30'37" W., a distance of
148.64 feet; thence Southerly, along the arc of a curve to the
left whose radius is 560.00 feet, a distance of 101.08 feet;
thence N.73 0 49'54" W., a distance of 80.00 feet; thence
N.75 0 54'16" W., a distance of 66.97 feet; thence 5.89 0 40'00" W., a
distance of 406.90 feet; thence N.00 0 20'00" W., a distance of
155.00 feet; thence N.89 0 40'00" E., a distance of 39.89 feet;
thence N.00 0 20'00" W., a distance of 105.00 feet; thence
S.89 0 40'00" W., a distance of 54.00 feet; thence N.00 0 20'00" W.,a
distance of 105.00 feet; thence S.89 0 40'00" W., a distance of
10.20 feet; thence N.00 0 20'00" W., a distance of 170.00 feet to
the said North line of Section 22, thence N.89 0 40'00" E., along
said North line, a distance of 745.89 feet to the Point of
Beginning.
Containing 8.324 acres.
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: VINEWOOD SUBDIVISION A SPECIAL AREA PLAN
DEVELOPER: HORIZON COMMUNITIES. INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
BISON LANE
STREETS
Asphalt (3 ON 6" )
1887
SY
@
$11.10 /SY =
$20,946.
Curb & Gutter (6" Std.)
1266
LF
@
$7.80 /LF =
$9,875.
Curb Transition
40
LF
@
$9 /LF =
$360.
Temporary Turn - Around
23
EA
@
$480 /EA =
$11,040.
Pavement (2" on 6")
305
SY
@
$9.20 /SY =
$2,806.
Handicap Ramps
299
SF
@
$3.50 /SF =
$2,093.
WATER
8" PVC Water Main
708
LF
@
$29 /LF =
$20,532.
8" Gate Valve and Box
2
EA
@
$650 /EA =
$1,300.
Fire Hydrant Ass'y.
2
EA
@
$3,200 /EA=
$6,400.
Services (60' R.O.W.)
23
EA
@
$480 /EA =
$11,040.
Permanent Blow -off
1
EA
@
$700 /EA =
$700.
SANITARY SEWER
8" PVC Sewer Main
696
LF
@
$22 /LF =
$15,312.
48 Manhole
1
EA
@
$1,400 /EA=
$1,400.
Service (60' R.O.W.)
23
EA
@
$575/EA =
$13,225.
8" Cleanout
1
EA
@
$200 /EA =
$200.
STORM SEWER
15" HDPE Pipe
26
LF
@
$27 /LF =
$702.
24" HDPE Pipe
104
LF
@
$36 /LF =
$3744.
Type " S" Inlet L =6'
2
EA
@
$2,200 /EA=
$4,400.
Type I -B Manhole
1
EA
@
$1600 /EA =
$1,600.
STREET LIGHTS
2
EA
@
$1 , 3 0 0 / EA=
$2,600.
MONUMENTS
2
EA
@
$575/EA =
$1,150.
Total Bison Lane $120,385.
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: VINEWOOD SUBDIVISION, A SPECIAL AREA PLAN
DEVELOPER: HORIZON COMMUNITIES. INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING. INC.
BOBCAT LANE
STREETS
Asphalt (3" on 6" )
Curb & Gutter
Handicap Ramps
Curb Transition
Temporary Turn - around
Pavement (2" on 6" )
1544 SY @ $11.10 /SY =
1021 LF @ $7.80 /LF =
598 SF @ $3.50 /SF =
40 LF @ $9 /LF =
305 SY @ $9.20 /SY =
$17,139.
$7,964.
$2,093.
$360.
$2,806.
WATER
8" PVC Water
8" Gate Valve and Box
Fire Hydrant Ass'y.
Services (60' R.O.W.)
Permanent Blow -off
STORM SEWER
36"
Cl III RCP
48"
Cl III RCP
Type
I -C Manhole
Type
I -B Manhole
Type
" S" Inlet L =10'
18"
HDPE Pipe
RIP
RAP
SANITARY SEWER
8" PVC Sewer Main
48" Manhole
Services (60' R.O.W.)
8" Clean Out
STREET LIGHTS
MONUMENTS
577 LF @ $29 /LF =
2 EA @ $650 /EA =
1 EA @ $3,200 /EA =
18 EA @ $480 /EA =
1 EA @ $700 /EA =
609 LF @ $70 /LF =
68 LF @ $75 /LF =
1 EA @ $2,000 /EA =
1 EA @ $1,600 /EA =
2 EA @ $3000 /EA =
67 LF @ $29 /LF =
13 CY @ $50 /CY =
559 LF @ $70 /LF =
1 EA @ $1,400 /EA =
18 EA @ $575/EA =
1 EA @ $200 /EA =
2 EA @ $1,300 /EA =
2 EA @ $575/EA =
TOTAL BOBCAT LANE
$16,733.
$1,300.
$3,200.
$8,640.
$700.
$42,630.
$6,800.
$2,000.
$1,600.
$6,000.
$1,943.
$650.
$12,298.
$1,400.
$10,350.
$200.
$2,600.
$1,150.
$150,556.
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: VINEWOOD SUBDIVISION, A SPECIAL AREA PLAN
DEVELOPER: HORIZON COMMUNITIES. INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING. INC.
HOLLYWOOD DRIVE
STREETS
Asphalt (4" ON 8" )
Curb & Gutter
WATER
16" PVC Water Main
16 D.I. Water Main
16" Butterfly Valves
and Box
Permanent Blow -off
16 x 16 Main Connection
16" Water Main Lowering
Asphalt Cut
Asphalt Patch
16" x 8" MJ Tee
Service (80' R.O.W. )
Fire Hydrant Ass'y
SANITARY SEWER
8" PVC Sever Main
48" Manholes
8" Plug
Asphalt Cut
Asphalt Patch
STORM SEWER
Sidewalk Culvert L =2.5'
18" HDPE Pipe
MONUMENTS
STREET LIGHTS
BARRICADES
Type III Barricade L =24'
2658 SY @ $14.80/SY = $39,339.
1053 LF @ $7.80 /LF = $8,214.
227 LF @ $29 /LF = $6,583.
400 if @ $29/lf = $11,600.
6
EA
@
$2,000 /EA =
$12,000.
1
EA
@
$700 /EA =
$700.
1
EA
@
$7,000 /EA =
$7,000.
1
EA
@
$5,000 /EA =
$5,000.
1
EA
@
$150 /EA =
$150.
29
SY
@
$20 /SY =
$580.
2
EA
@
$900 /EA =
$1,800.
1
EA
@
$640 /EA =
$640.
1
EA
@
$3,200 /EA =
$3,200.
762
LF @
$22 /LF =
$16,764.
3
EA @
$1,400 /EA =
$4,200.
1
EA @
$50 /EA =
$50.
1
EA @
$350 /EA =
$350.
220
SY @
$20 /SY =
$4,400.
1 EA @ $1000 /EA = $1000.
107 LF @ $29 /LF = $3,103.
4 EA @ $575/EA = $2,300.
3 EA @ $1,300 /EA = $3,900.
1 EA @ $1,000 /EA = $1,000.
TOTAL HOLLYWOOD DRIVE $133,873.
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: VINEWOOD SUBDIVISION. A SPECIAL AREA PLAN
DEVELOPER: HORIZON COMMUNITIES. INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING. INC.
DETENTION BASIN
Earthwork
2400
CY
@
$2 /CY
= $4,800.
Outlet Structure
1
EA
@
$3,500 /EA
= $3,500.
Rip Rap
66
CY
@
$50 /CY
= $3,300.
Trickle Channel (4" )
180
SF
@
$2.50 /SF
= $450.
36" HDPE Pipe
51
LF
@
$70 /LF
= $3,570.
36" Flared End Section
1
EA
@
$700 /EA
= $700.
TOTAL DETENTION BASIN
SUBDIVISION EARTHWORK 16,000 CY @ $2 /CY
TOTAL
$16,320.
$32,000.
$453,134.
This is an estimate only. Actual Construction costs may vary.
This estimate may not include all construction costs.
PREPARED BY: A.RICKEY AUGUST 12, 1997
DATE
FIRM: NORTHSTAR ENGINEERING AND SURVEYING. INC.
REVIEWED BY: geo�� w`y1
City of Pueblo
1
Date
Reception 1193157
11/10/1997
EASEMENT AND RIGHT -OF -WAY
THIS EASEMENT, granted this d0` day of 0- be , 1917, by HORIZON COMMUNITIES, INC., a Colorado
Corporation, 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
temporary storm drainage easement and right -of -way for the purpose of storm drainage conveyance 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 Je day of OC40)0c r 19
GRANTOR: HORIZON COMMUNITIES, INC.
a Colorado Corporation
B �( O LJ , %
Robert W. Leach, Vice - President
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me in Pueblo County, Colorado this day of
C L, C be r , 19R7 by Robert W. Leach, Vice President of HORIZON COMMUNITIES INC. a Colorado Corporation.
Witness my hand and official seal.
My commission expires: $ 1a?5 /Q OOa
a p'n fn IOnJ10 SLY
Notary Public
(SEAL)
9610505.1000
r
�
a p'n fn IOnJ10 SLY
Notary Public
193157 11/10/1997 10 : 00A 83054 P651 EASE I
2 of 3 R 16.00 D 0.00 N 0.00 Pueblo CtyClk & Rec
EXHIBIT A
LAND DESCRIPTION OF TEMPORARY STORM DRAINAGE CONVEYANCE
EASEMENT:
An easement for storm drainage conveyance t eurposes in the NE1 /4 of the NW1 /4 of Section 22,
Township 21 South, Range 65 West of the 6` P.M. being more particularly described as follows:
Considering the North line of said Section 22 to bear N. 89'40'00'T. and all bearings contained
herein being relative thereto.
Beginning at the Northwest corner of Vinewood Subdivision, Filing No. 1, A Special Area Plan,
according to the recorded plat thereof; thence S.00 0 20'00 "E., along the West boundary line and
that line extended of said Subdivision, a distance of 275.00 feet; thence N. 89 °40'00" E., a
distance of 24.31 feet; thence S. 00 °20'00 "E., a distance of 260.00 feet to the Southwest corner
of said Subdivision; thence S. 89 °40'00 "W., a distance of 70.00 feet; thence N.20 0 17'40 "W., a
distance of 569.20 feet to the said North line of Section 22; thence N. 89 °40'00 "E., along said
North line, a distance of 240.00 feet to the Point of Beginning.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 Street
Pueblo, Colorado 81003
October 17, 1997
JN 96 105 05
9610505.1000
1 IN 111111111111111111111111111111 IN
1193157 11/10/1997 10:00A B3054 P652 EASE
3 of 3 R 16.00 D 0.00 N 0.00 Pueblo Cty Clk & Ree
N
N89 "E 240.00' / -- POINT OF
BEGINNING
NORTHWEST CORNER
OF VINEWOOD SUB.,
FILING NO. 1
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3 0 N89'40'00 "E 24.31'
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S89'40'00 "W 70.00'
EXHIBIT B
Reception 1193158
11/10/1997
EASEMENT AND RIGHT -OF -WAY
THIS EASEMENT, granted this -&day of SEP . 19 7 by Frank J. Scanio. Jr.- and Marion Rooke
Scanio, Trustees 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 grant to GRANTEE, its
successors and assigns, a temporary storm drainage easement and right -of -way for the purpose of storm drainage
conveyance 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) 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 GRANTOR and
GRANTEE.
SIGNED this Day of—
r ,19 `I
GRANTOR:
B ,
Y
Frank J. Scanio, Jr., Trustee
COUNTY OF t )
) ss.
STATE OF TEXAS )
n '
The foregoing instrument was acknowledged before me in \� l.�c� - County, Texas this day
Of 19 9) by Frank J. Scanio- Jr.. Trustee.
Witness my hand and official seal.
TINA
1011; C
My commission expires: T
try 0mnl -Xp
Notary Public Public
11111111111111111111111 IN 111111111111
193158 11/10/1997 10:00A 83054 P654 EASE
2 of 3 R 16.00 D 0.00 N 0.00 Pueblo Cl.y Clk & Ree
EXHIBIT A
LAND DESCRIPTION OF TEMPORARY STORM DRAINAGE EASEMENT:
An easement for storm drainage purposes in the N1 /2 of the N1 /2 of Section 22 and in the N1/2 of the NW 1/4 of
Section 23, Township 21 South, Range 65 West of the 6 P.M., being 20 feet in width, 10 feet on each side of the
following described centerline:
Considering the North line of said Section 22 to bear N.89 °40'00 "E. and all bearings contained herein being relative
thereto.
Commencing at the Northeast corner of Vinewood Subdivision, Filing No. 1, A Special Area Plan, according to the
recorded plat thereof, thence Southerly, along the East right -of -way line of Hollywood Drive, as platted in said
Vinewood Subdivision the following two (2) courses:
S.00 °35'00 "E., a distance of 56.19 feet;
along the arc of a curve to the right whose radius is 640 feet, a distance of 104.77 feet to the
Northwest comer of a temporary storm drainage detention easement;
thence along said temporary detention easement the following two (2) courses:
1. S.77° 10' 18 "E., a distance of 175.00 feet;
2. S.21 °32'58 "W., a distance of 176.00 feet to the True Point of Beginning of the easement
centerline herein described;
thence 5.68 °27'02 "E., a distance of 52.24 feet; thence Easterly, along the arc of a curve to the left whose radius is
600 feet, a distance of 262.32 feet; thence N.86 °30'00 "E., a distance of 958.53 feet; thence Northeasterly, along the
arc of a curve to the left whose radius is 600 feet, a distance of 144.86 feet; thence N.72 °40'00 "E., a distance of
704.14 feet; thence Northeasterly, along the arc of a curve to the right whose radius is 900 feet, a distance of 109.96
feet; thence N.79 °40'00 "E., a distance of 530.00 feet; thence Easterly, along the arc of a curve to the right whose
radius is 900 feet, a distance of 157.08 feet to a line lying 10 feet Southerly of and parallel to the North lines of said
Sections 22 and 23; thence Easterly, along said parallel line, a distance of 1750 feet, more or less, to the West right -
of -way line of the St. Charles Ditch (Lake Minnequa Feeder Ditch), as conveyed by deed recorded in Book 141 at
Page 427 of the Pueblo County records and the Point of Terminus.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111E. 5` Street
Pueblo, CO 81003
September 19, 1997
JN 96 105 05
9610505.1000
1 IN 1111111111111111111111111111111111
1193158 11/10/1997 10:00A 83054 P655 EASE
3 of 3 R 16.00 D 0.00 N 0.00 Pueblo Cty Clk 8
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ST. CHARLES DITCH
(LAKE MINNERUA FEEDER DITCH)
BOOK 141 PAGE 427
Reception 1193159
11/10/1997
EASEMENT AND RIGHT -OF -WAY
THIS EASEMENT, granted this Zy "day of GP7 19Z by Frank J. Scanio. Jr._ and Marion Rooke
Scanio Trustees and HORIZON COMMUNITIES. INC.. a Colorado Corporation GRANTORS 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, GRANTORS hereby grant to GRANTEE, its
successors and assigns, a temporary storm drainage detention easement and right -of -way for the purpose of storm
drainage detention 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 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 warrants 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
GRANTORS:
By -;ti .L ,-
/_ . L , .
Frank J. Scanio, Jr., Trustee
Robert W. Leach, Vice - President
COUNTY OFQ_'Ut� )
) ss.
STATE OF TEXAS )
The foregoing instrument was acknowledged before mein \ U County, Texas this. JL� t -day
of �al ii M 19rf? by Frank J. Scanio, Jr.. Trustee.
v
+ PV
Witness my hand and official seal. o`r w. °<� 4 TINA NIEMAMN
Notary Public
STATE EXA`�
M commission expires: ° 3 '; +� —�• My Coma rxr Apr; 2UO(
i
Notary Public
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me in T ue 10 County, Colorado this d 4 day of
��� r , 19gT- by Robert W. Leach, Vice President, of HORIZON COMMUNITIES_ INC a
Colorado Corporation.
',•3 • '� • Witness my hand and official seal.
�4Ta ` V • "AT y commission expires: - � q
f
1 - 1 1 Yry Public
111111111111111111111111111111 11
1193159 11/10/1997 10:00A B3054 P657 EASE
2 of 3 R 16.00 D 0.00 N 0.00 Pueblo Cty Clk & Re.
EXHIBIT A
LAND DESCRIPTION OF TEMPORARY STORM DRAINAGE DETENTION EASEMENT:
An easement for storm drainage detention purposes in the NE1 /4 of the NW 1/4 of Section 22, Township 21 South,
Range 65 West of the 6 P.M. being more particularly described as follows:
Considering the North line of said Section 22 to bear N.89 °40'00 "E. and all bearings contained herein being relative
thereto.
Commencing at the Northeast corner of Vinewood Subdivision, Filing No. 1, A Special Area Plan, according tot he
recorded plat thereof; thence Southerly, along the East right -of -way line of Hollywood Drive, as platted in said
Vinewood Subdivision the following two (2) courses:
S.00 °35'00 "E., a distance of 56.19 feet;
along the arc of a curve to the right whose radius is 640.00 feet, a distance of 104.77 feet to the
True Point of Beginning;
thence S.77 °10' 18 "E., a distance of 175.00 feet; thence S.21 °32'58 "W., a distance of 449.45 feet; thence
N.63 °29'23 "W., a distance of 175.00 feet to the said East right -of -way line of Hollywood Drive; thence Northerly,
along said East right -of -way line the following three (3) courses:
along the arc of a curve to the right whose center bears S.69 °56'57 "E. and whose radius is 560.00
feet, a distance of 63.13 feet;
N.26 °30'37 "E., a distance of 148.64 feet;
along the arc of a curve to the left whose radius is 640.00 feet; a distance of 197.87 feet to the
Point of Beginning.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
I I IE. 5 ffi Street
Pueblo, CO 81003
August 7, 1997
IN 96 105 05
9610505.1000
1 1111111111111111111111111111111111111111111111111 IN
1193159 11/10/1997 10:00A 83054 P658 EASE
3 of 3 R 16.00 D 0.00 N 0.00 Pueblo Cty Clk 8 Ree
NOT TO SCALE
VINEW ❑ ❑E SUBDIVISI ❑N
FILING N ❑,1
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COMMENCEMENT
— POINT OF BEGINNING
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EXHIBIT B
NE4 N`d4
SECTI ❑N 22
T. 21 S,
R. 65 W.
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EXHIBIT B
NE4 N`d4
SECTI ❑N 22
T. 21 S,
R. 65 W.