HomeMy WebLinkAbout06247Reception 1194666 11/21/1997 ORDINANCE NO. 6247 AN ORDINANCE APPROVING THE PLAT OF NORTH PUEBLO COMMERCIAL PARK FILING NO. 5 SUBDIVISION BE ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that SECTION 1. The final plat of North Pueblo Commercial Park Filing No. 5 Subdivision, being a sub- division of land legaliv described as follows: Lot 1, Block 2, North Pueblo Commercial Park Filing No. 3, together with a part the Northeast one - quarter of Section 13, Township 20 South, Range 65 West of the 6th P.M. and a part of the Northwest one - quarter of Section 18, Township 20 South, Range 64 West of the 6th P.M. City of Pueblo, Pueblo County, State of Colorado, the entire tract of land more particularly described as follows: Beginning at the Northwest corner of said Lot 1, Block 2, said point being on the North line of said Northeast one - quarter of Section 13, thence N 88° 17' 04" E. along the north line of said Lot 1 and along the North line of said Northeast one - quarter, a distance of 990.98 feet to the Northeast corner of said Northeast one- quarter, said point also being the Northwest conger of said Northwest one - quareter of said Section 18; Thence South 89° 22'08" East, along the north line of said Northwest one - quarter, a distance of 412.92 feet to the westerly right -of -way line of the Denver and Rio Grande Railroad, thence running southerly, along said westerly right -of -way line the next three (3) courses: 1) along the arc of a curve to the right through a central angle of 20 °24' 19" an arc distance of 643.36 feet, a radius of 1806.50 feet and a chord bearing of South 13 °19'46" West with a distance of 639.97 feet; 2) South 23 °31' 55" West, a distance of 1777.08 feet; 3) along the arc of a curve to the left through a central angle of 10° 11'47" an arc distance of 339.24 feet, a radius of 1906.25 feet and a chord bearing of south 18° 26'02" West with a distance of 338.79 feet to a point on the north right -of -way line of 40th Street, said point being 60.00 feet north of the South line of the northeast one - quarter of said Section 13; thence South 88 °24'57" West, along said North right -of -way line, parallel with and 60.00 feet north of said South line of the Northeast one - quarter of Section 13, a distance of 354.10 feet to the intersection of the southerly extension of the East line of North Pueblo Commercial Park Filing No. 4 and said North right -of -way line; thence North 13 °04'54" East, along said southerly extension and along said east line, a distance of 897.84 feet to the most southerly corner of Lot 1, Block 2, North Pueblo Commercial Park Filing No. 3 1111111 HIM 1111111111111111111111111111111111111111111 1194666 11/21/1997 10:33A 83058 P649 ORD 2 of 3 R 16.00 D 0.00 Pueblo Cty Clk & Rec. thence running along the westerly line of said Lot 1, Block 2, the next three (3) courses: 1) along the arc of a curve to the right through a central angle of 51 °41'08" an arc distance of 563.80 feet, a radius of 625.00 feet and a chord bearing of North 27 °20'31" West with a distance of 544.88 feet; 2) North 01°29'57" West, a distance of 626.61 feet; 3) North 02 °10'56" West, a distance of 573.58 feet to the point of Beginning, containing 2,213,800 square feet or 50.82 acres, more or less, is hereby approved; and all dedicated streets, utility and drainage easements, rights -of -way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The acceptance of such dedicated streets, rights -of -way, utility and drainage ease- ments, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -ways utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the 1971 Code of Ordinances, as amended and any agreement entered into pursuant thereto. SECTION 3. This ordinance shall be effective immediately upon final passage and approval. 1 111111 11111 11111 111111 111111 1111 111111 III 111111111111 1194666 11/21/1997 10:33A B3058 P650 ORD 3 of 3 R 16.00 D 0.00 Pueblo Cty Clk & Rec. " Xvt T: City Clerk INDRODUCED August 11 1997 Charles Jones Councilperson J APPROVED Ccw President of/the C ncil 7/30/97 Reception 1194671 11/21/1997 DEDICATION OF PRIVATE STORM SEWER EASEMENT This Dedication of Private Storm Sewer Easement (the "Dedication ") is executed as of November 21 - , 1997 by PORTAL DRIVE ASSOCIATES, L.L.C., a Texas limited liability company ( "Portal Drive "). PREAMBLE This Dedication is executed with respect to the following facts, understandings and intentions: A. Portal Drive is the owner of a tract of land in Pueblo County, Colorado, which tract of land has been or will be platted as Lot 1, North Pueblo Commercial Park Filing No. 5, City of Pueblo, Pueblo County, Colorado and is herein referred to as "Lot I". Portal Drive further is the owner of a second tract of land in Pueblo County, Colorado, which second tract of land has been or will be plated as Tract B, North Pueblo Commercial Park Filing No. 5, City of Pueblo, Pueblo County, Colorado and is herein referred to as "Tract B ". Lot 1 and Tract B are adjacent and contiguous to one another. Reference is here made to the recorded plat (the "Plat ") of North Pueblo Commercial Park Filing No. 5, City of Pueblo, Pueblo County, Colorado (the "Subdivision ") for a more particular description of Lot 1 and Tract B. B. A Drainage and Detention Easement (the "Detention Easement ") has been dedicated by the Plat in the Northeast corner of Lot 1. A pipeline will be constructed along the Easternmost boundary of Tract B from the Detention Easement to a point in the Northeast corner of Tract B, at which point the pipeline will cross under the railroad right -of -way adjacent to Tract B and will cross other land owned by Portal Drive East of the railroad right -of -way (the "Adjacent Property") to a point in or adjacent to Fountain Creek. The Adjacent Property is described in Exhibit "A" attached hereto and made a part hereof for all purposes. Additional pipelines may be constructed across the Adjacent Property to convey storm water from Tract B to Fountain Creek. AGREEMENT In consideration of the value to the Subdivision and other good and valuable consideration to Portal Drive in hand paid, the receipt and sufficiency of which is hereby acknowledged, Portal Drive hereby stipulates, dedicates and agrees as follows: 1. Portal Drive grants and dedicates a private storm sewer easement in, on and over that portion of the Adjacent Property which is described in Exhibit "B" attached hereto and made a part hereof for all purposes (the "Easement Area "). The owner of Lot 1 and the owner of Tract B shall have the right to install, construct, maintain, repair and replace pipelines in the Easement Area. Each person so installing a pipeline in the Easement Area shall be responsible for the payment of any and all costs which may be incurred in connection with the installation, construction, maintenance, repair and replacement of said pipeline, and further shall indemnify, defend and hold harmless the owner of the Adjacent Property, its heirs, successors, legal representatives and assigns, and all persons, natural or corporate, in privity with them or any of them, from and against any and all liability, claims, causes of action, damages, loss, cost and expense, including reasonable attorney's fees and court costs, relating to or in any way arising out of (i) any injury or damage to persons or property in, on or about the Adjacent Property arising directly or indirectly out of work performed by such person on the Adjacent Property in connection with the construction, installation, maintenance, repair and /or replacement of the pipeline, and (ii) any and all mechanic's and materialmen's liens and other liens and claims relating to labor performed I \wrk\andrews \portal stone sewer esmt 1 1194671 11/21/1997 10:33A 83058 P670 EASE 2 of 5 R 26.00 D 0.00 Pueblo Cty Clk & Rec. and materials furnished for the account of such person in connection with any said work. Portal Drive hereby grants and dedicates to the owner of Lot 1, the owner of Tract B, and their respective heirs, legal representatives, successors, lessees and assigns an irrevocable, nonexclusive easement and right of access in, over and along the Adjacent Property for purposes of constructing, installing, maintaining, repairing and replacing the pipelines described herein. The owner of the Adjacent Property shall have the right to improve the Adjacent Property, construct improvements thereon and otherwise modify and improve to Adjacent property in such manner and at such times as the owner of the Adjacent property, in its sole discretion, deems appropriate, provided that the owner of the Adjacent property shall not thereby unreasonably impair or restrict access to the easement Area by the owner of Lot 1 and/or the owner of Tract B. 2. The owner of Lot 1 shall be entitled to construct, install, maintain and replace from time to time a pipeline (the "Pipeline ") in the easement in order to convey storm water from the Detention Easement to Fountain Creek. The portion of the Pipeline which will be located on Tract B shall be located in the private storm sewer easement dedicated on the Plat along the Eastern boundary of Tract B and the portion of the Pipeline which crosses the Adjacent Property shall be in the Easement Area. The owner of Lot 1 shall be solely responsible for all costs of constructing, installing, maintaining, repairing and replacing the Pipeline. Portal Drive hereby grants and dedicates to the owner of Lot 1 an irrevocable, nonexclusive easement and right of access in, over and along the portions of Tract B adjacent to the Pipeline for purposes of constructing, installing, maintaining, repairing and replacing the Pipeline. The owner of Tract B shall have the right to improve Tract B, construct improvements thereon and otherwise modify and improve Tract B in such manner and at such times as the owner of Tract B, in its sole discretion, deems appropriate, provided that the owner of Tract B shall not thereby unreasonably impair or restrict access by the owner of Lot 1 to the Pipeline. The owner of Lot 1 shall indemnify, defend and hold harmless the owner of Tract B, its heirs, successors, legal representatives and assigns, and all persons, natural or corporate, in privity with them or any of them, from and against any and all liability, claims, causes of action, damages, loss, cost and expense, including reasonable attorney's fees and court costs, relating to or in any way arising out of (i) any injury or damage to persons or property in, on or about Tract B arising directly or indirectly out of work performed by the owner of Lot 1 on Tract B in connection with the construction, installation, maintenance, repair and/or replacement of the Pipeline, and (ii) any and all mechanic's and materialmen's liens and other liens and claims relating to labor performed and materials furnished for the account of the owner of Lot 1 in connection with any such work. No other person shall have the right to connect to the Pipeline without the prior written consent of the owner of Lot 1. 3. The City of Pueblo, Colorado is hereby granted the right, but not the obligation, to repair, replace or maintain drainage facilities within the Easement Area as the City deems necessary in its discretion and to recover the cost thereof plus 15% from the persons otherwise obligated to repair, replace and maintain the same pursuant to this Agreement. 4. Nothing contained in this Dedication shall be deemed to constitute a public dedication of or grant of any rights to the public with respect to Tract B, the Adjacent Property and/or the Easement Area, it being understood that this is a private dedication only for the benefit of the owners of Lot 1, Tract B and their respective heirs, successors, legal representatives, lessees and assigns. 5. This Dedication shall be binding upon and inure to the benefit of Portal Drive, its successors, legal representatives and assigns and all future owners of Lot 1, Tract B and/or the Easement Area. Any such owner may delegate to any lessee or other occupant of its lot or tract all of such owner's rights, privileges, duties and obligations under this Dedication, in which case this Dedication shall be binding upon and inure to the benefit of -2- j Awrk \wWrews \portal storm sewer esmt 1 1 IN 1194671 11/21/1997 10:33A 83058 P671 EASE 3 of 5 R 26.00 D 0.00 Pueblo Cty Clk 8 Rec. such lessee or other occupant. The easements, rights, privileges and duties created by this Dedication shall run with the ownership of Lot 1, Tract B and the Easement Area and may not be cancelled or terminated without the prior written consent of the Cit of Pueblo. EXECUTED as of the day and date first above written. PORTAL DRIVE ASSOCIATES, L.L.C., a Texas limited liability company THE STATE OF TEXAS COUNTY OF LUBBOCK B Z S - C�'G�itia2� Its: QuTNcrLizr-- Mz6hnr rL The foregoing instrument was acknowledged before me on the 21 S T- day of 1\� ayr--m oee , 1997, by Authorized Member of PORTAL DRIVE ASSOCIATES, L.L.C., a Texas limited liability company, on behalf of said company. PENNI SISK *►�* NOTARY PUBLIC State of Texas Comm. Exp. 09-15 -2001 Notary Public, Stat of Texa Printed Name: t n n i s k Commission Expires: 9'(501 -3- j:Awrk \andr— Aportal storm sewer esmt 1 11111111111 IIIII 111111 111111 1111 111111 111111111111 III 1194671 11/21/1997 10:33A 83058 P672 EASE 4 of 5 R 26.00 D 0.00 Pueblo Cty Clk 8 Rec. LEGAL DESCRIPTION (TITLE COMMITMENT) THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY WHICH LIES EAST OF THE EASTERLY RIGHT OF WAY LINE OF THE DENVER & RIO GRANDE RAILROAD: W1/2 OF THE NW1 /4 AND THE W1/4 OF THE E1/2 OF THE NW1 /4 OF SECTION 18, TOWNSHIP 20 SOUTH, RANGE 64 WEST, OF THE 6th P.M., COUNTY OF PUEBLO, STATE OF COLORADO AND E1/4 OF THE SE1 /4 OF THE NE1 /4 OF SECTION 13, TOWNSHIP 20 SOUTH, RANGE 65 WEST, OF THE 6th P.M., COUNTY OF PUEBLO, STATE OF COLORADO EXCEPTING FROM THE ABOVE TWO PARCELS, A TRACT OF LAND DEEDED TO E. WAVERLY AND S. HINDMAN BY DEED RECORDED DECEMBER 31, 1888 IN BOOK 1717 AT PAGE 772 AND EXCEPTING FROM SAID SECTION 13 DESCRIBED ABOVE THE SOUTH 60 FEET FOR ROAD AND A TRACT OF LAND IN THE S1 /2SE1 /4NE1 /4 OF SECTION 13, TOWNSHIP 20 SOUTH, RANGE 65 WEST, OF THE 6th P.M., COUNTY OF PUEBLO, STATE OF COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE WEST 3/4 OF SAID SE1 /4NE1 /4, SECTION 13, RUNNING THENCE WEST ALONG THE SOUTH LINE OF SAID SE1 /4NE1 /4 SECTION 13 TO THE EAST LINE OF THE RIGHT OF WAY OF THE DENVER & SANTA FE RAILWAY, THENCE NORTHEASTERLY ALONG SAID EAST LINE OF THE SAID RIGHT OF WAY TO THE NORTH BOUNDARY OF THE S1 /2SE1 /4NE1/4 SECTION 13, THENCE EASTERLY ALONG THE NORTH LINE OF SAID W3/4 S1/2SE1/4NW1/4 SECTION 13 TO THE NORTHEAST CORNER THEREOF, THENCE SOUTH ALONG THE EASTERLY LINE OF SAID TRACT TOO THE POINT OF BEGINNING, EXCEPTING THE SOUTH 60 FEET FOR ROAD. LEGAL DESCRIPTION (SURVEYED) A PART OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 20 SOUTH. RANGE 64 WEST, OF THE 6TH P.M. AND A PART OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 20 SOUTH, RANGE 65 WEST, OF the 6TH P.M., ALL LYING EAST OF THE EASTERLY RIGHT —OF —WAY LINE OF THE DENVER & RIO GRANDE RAILROAD IN PUEBLO COUNTY, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF SAID SECTION 18; THENCE SOUTH 89 DEGREES 22 MINUTES 08 SECONDS EAST, ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 513.01 FEET TO A STEEL PIN WITH CAP MARKED LS 12933 AT THE INTERSECTION OF THE EASTERLY RIGHT —OF —WAY LINE OF SAID DENVER & RIO GRANDE RAILROAD AND SAID NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 18 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE, SOUTH 89 DEGREES 22 MINUTES 08 SECONDS EAST, A DISTANCE OF 1118.50 FEET TO A POINT BEING 996.00 FEET FROM THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 01 DEGREES 43 MINUTES 10 SECONDS EAST, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 2134.05 FEET, TO THE NORTH LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 62 AT PAGE 588; THENCE SOUTH 89 DEGREES 49 MINUTES 45 SECONDS WEST, ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 638.41 FEET TO A X14 STEEL REBAR ON THE EAST LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 1717 AT PAGE 772; THENCE NORTH 01 DEGREES 28 MINUTES 45 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 326.97 FEET TO A X14 STEEL REBAR AT THE NORTHEAST CORNER OF SAID TRACT; THENCE NORTH 89 DEGREES 10 MINUTES 28 SECONDS WEST, ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 47.07 FEET TO A #4 STEEL REBAR AT THE NORTHWEST CORNER OF SAID TRACT; THENCE SOUTH 19 DEGREES 04 MINUTES 09 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID TRACT, A DISTANCE OF 840.82 FEET TO A #5 STEEL REBAR AT THE SOUTHWEST CORNER OF SAID TRACT SAID POINT BEING ON THE APPARENT SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 18 AND FROM WHICH THE SOUTH EAST CORNER OF SAID TRACT, A #5 STEEL REBAR MARKED WITH A CROSS AND SET IN A 2 INCH PIPE, BEARS NORTH 89 DEGREES 49 MINUTES 45 SECONDS EAST, A DISTANCE OF XXX.XX FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 45 SECONDS WEST, ALONG SAID SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 18, A DISTANCE OF 707.40 FEET TO THE SOUTH WEST CORNER OF SAID NORTHWEST QUARTER, A STEEL BAR SET IN CONCRETE IN A MONUMENT CASE; THENCE NORTH 00 DEGREES 25 MINUTES 29 SECONDS WEST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 60.01 FEET TO THE NORTH RIGHT —OF —WAY LINE OF 40TH STREET; THENCE SOUTH 88 DEGREES 24 MINUTES 57 SECONDS WEST, PARALLEL WITH AND 60 FEET NORTH OF THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, A DISTANCE OF 466.81 FEET TO THE INTERSECTION OF SAID NORTH RIGHT —OF —WAY LINE AND THE EASTERLY RIGHT —OF —WAY LINE OF THE DENVER & RIO GRANDE RAILROAD; THENCE NORTHERLY. ALONG SAID EASTERLY RIGHT—OF-WAY LINE. PARALLEL WITH AND 50 FEET EASTERLY OF THE CENTERLINE OF THE EXISTING TRACKS, THE NEXT THREE (3) COURSES: 1) ALONG THE ARC OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 09 DEGREES 20 MINUTES 59 SECONDS AN ARC DISTANCE OF 294.75 FEET, A RADIUS OF 1806.25 FEET AND A CHORD BEARING OF NORTH 18 DEGREES 51 MINUTES 26 SECONDS EAST WITH A DISTANCE OF 294.42 FEET; 2) NORTH 23 DEGREES 31 MINUTES 55 SECONDS EAST, A DISTANCE OF 177.08 FEET; 3) ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 20 DEGREES 32 MINUTES 10 SECONDS AN ARC DISTANCE OF 683.34 FEET, A RADIUS OF 1906.50 FEET AND A CHORD BEARING OF NORTH 13 DEGREES 15 MINUTES 50 SECONDS EAST WITH A DISTANCE OF 679.68 FEET TO THE POINT OF BEGINNING. CONTAINING 3,710,174 SQUARE FEET OR 85.17 ACRES. MORE OR LESS. EXHIBIT "A" NW C NW 1/4 I I'llli 11111 3111111 111111 IN 1111 IN S 18, 7 os, R64 W OF THE 6TH PM 1194671 11/21/1997 10:33A B3058 P673 EASE 12 7 5 of 5 R 26.00 D 0.00 Pueblo Cty Clk & Rec. N -LINE OF NW 1/4 OF SEC., 18 N89'22'08 "W 2627.52' 513.01' 13 18 0- 05'59'30" R-1906.50' L =199.37' CD- S05'59 "W LC - 199.28' ro v a z w 0 w z 0 HOR " H " U ° LO POINT OF BEGINNING CQMMEAC UL PARK FULM A= 01'05'45" R= 1906.50' L - 36.46' CD- NO9'32'07 "E LC= 36.46' a 0 LEGAL. DESCRIPTION NE COR. OF NW 1/4 SEC, 18, T20S, R64W OF THE 6TH PM ►A 18 S25'06'07 "E 5 N605�3�� �\ 1 . UNPL rTEDD A PART OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 20 SOUTH, RANGE 64 WEST, OF THE 6TH P.M., PUEBLO COUNTY, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION 18, A PART OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 20 SOUTH, RANGE 64 WEST, OF THE 6TH P.M., PUEBLO COUNTY, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION 18, THENCE SOUTH 89 DEGREES 22 MINUTES 08 SECONDS EAST, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 513.01 FEET TO THE INTERSECTION WITH THE EASTERLY RIGHT -OF -WAY LINE OF THE DENVER & RIO GRANDE RAILROAD; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT -OF -WAY LINE AND ALONG THE ARC OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 05 DEGREES 59 MINUTES 30 SECONDS AN ARC DISTANCE OF 199.37 FEET, A RADIUS OF 1906.50 FEET AND A CHORD BEARING OF SOUTH 05 DEGREES 59 MINUTES 30 SECONDS WEST WITH A DISTANCE OF 199.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 64 DEGREES 53 MINUTES 53 SECONDS EAST, A DISTANCE OF 195.55 FEET; THENCE SOUTH 25 DEGREES 06 MINUTES 07 SECONDS EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 64 DEGREES 53 MINUTES 53 SECONDS WEST, A DISTANCE OF 216.27 FEET TO A POINT ON THE EASTERLY RIGHT -OF --WAY LINE OF SAID DENVER & RIO GRANDE RAILROAD; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF --WAY LINE. AND ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 01 DEGREES 05 MINUTES 45 SECONDS AN ARC DISTANCE OF 36.46 FEET, A RADIUS OF 1906.50 FEET AND A CHORD BEARING OF NORTH 09 DEGREES 32 MINUTES 07 SECONDS EAST WITH A DISTANCE OF 36.46 FEET TO THE POINT OF BEGINNING, CONTAINING 6175 SQUARE FEET OR 0.14 ACRES, MORE OR LESS_ EXHIBIT "B" Reception 1194668 11/21/1997 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this ^ ` -1% day of �{`'" 199 L� , by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City ", and PORTAL DRIVE ASSOCIATES. L.L.C.. hereinafter referred to as "Subdivider'. WITNESSETH: WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described as set forth in Exhibit "A ", which is attached hereto and incorporated herein; and WHEREAS, the Subdivider, as a condition of approval of the final plat of North PuPhl o Commerci a l Park F i l i n g No. 5 Subdivision, wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the 1971 Code of Ordinances; and WHEREAS, Subdivider is required pursuant to Section 12- 4 -7(J) of the 1971 Code of Ordinances of the City to construct and install certain public improvements as set forth in Exhibit "B ", which is attached hereto and incorporated herein; and WHEREAS, pursuant to Chapter 4, Title XII of the 1971 Code of ordinances Subdivider is obligated to provide security or collateral sufficient in the judgment of the City Council to make reasonable provisions for the construction and completion of the required public improvements set forth in Exhibit "B ". NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and Subdivider agree as follows: 1. Subdivider agrees within one hundred and eighty (180) days after application for a building permit to construct any building or structure on any building site within the subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever is sooner, to construct and install at his sole cost and expense all of those public improvements set forth in Exhibit "B ", which is attached hereto and incorporated herein. 2. In lieu of installing the required public improvements set forth in Exhibit "B" within one hundred eighty (180) days, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the Director of Finance of the City, or with any bank or trust company licensed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time for completion of all required improvements by Subdivider or subsequent owner shall have expired. Such deposit or escrow agreement shall be hereinafter referred to as the "deposit." 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total costs of all uncompleted improvements required by this section within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall be not less than 25% of such estimate plus the costs of extending all required sewer and water lines from the nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the subdivision or existing improvements of a like nature whichever is nearer to the proposed building site. In any case where the block, as hereinafter defined, shall exceed one thousand (1,000') feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted improvements in at least one -half of such block, and the required deposit shall be based upon such decreased estimate, provided, however, Subdivider shall undertake to provide a turnaround of at least sixty (60') feet in diameter at the mid -block point and barricade said streets so that no through traffic shall be permitted beyond the point to which the estimate of the Director of Public Works is based. 4. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever is sooner, Subdivider shall likewise deposit an amount not less than the estimate of the Director of Public Works for all required improvements from existing improvements to the proposed building site, less any previous deposits made hereunder upon building sites lying between the most recently proposed site and existing improvement. 5. The City may treat the amount of such deposit as a debt due the City from Subdivider or subsequent owner, which debt shall be a lien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for herein are cumulative and the use of one shall not prohibit the use of another. 6. Upon payment of each such deposit, the City Director of Public Works shall release the proposed building site from the terms of this Agreement. 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 12- 4 -7(J) of the 1971 Code of Ordinances, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until a certificate of compliance has been approved and issued by the City Director of Public Works and duly recorded in the Office of the Pueblo County Clerk and Recorder which certifies that those public improvements set forth in Exhibit "B ", or that portion of said improvements as shall be necessary to totally serve specific lot(s) or block(s) for which building permits or certificates of occupancy are sought and which are covered by a particular certificate of compliance, have been properly designed, engineered, constructed, and accepted as meeting the specifications and standards of the City. These restrictions on the issuance of certificates of occupancy shall run with the land and shall extend to and be binding upon the heirs, executors, legal representatives, successors and assigns of Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, park, and other public improvements for maintenance by the City. Until such roads and other park and public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances, and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, park and other public improvements and rights of way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within this Subdivision. 9. The required time for completion of all such improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of such improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of Subdivider relating to such improvements within such block to be released. If said improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to complete the same. If sufficient monies are available at the end of the required time to complete all such improvements herein required for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced in cash and shall deposit the same with the Director of Finance and such cash shall be used to complete that portion of the improvements the Director of Public Works shall determine. Until all improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible therefor. 10. For purposes of this Agreement, the word "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front to the rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots, and shall include the full width of all streets upon which such lots abut. 11. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of any and all encumbrances. If such land is not free and clear, the holder of such indebtedness shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions. 12. It is mutually agreed that the City or any purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment 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 of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as hereinabove set forth. 1 1194668 11/21/1997 10:33A 83058 P654 AGREE -2 2 of 6 R 31.00 D 0.00 Pueblo Cty Clk & Rec. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its duly authorized and acting officers and the seal of the Subdivider set hereon. (SEAL) STATE OF ss. COUNTY OF Lc <.,=, Portal Drive Associates, L.L.C Subdivider By The foregoing instrument was acknowledged before me this: I - day of VQovEt -leer- 199Z , by IZv -AL CHLL- PeESS Authorized Member of Portal Drive Associates, L.L.C., Subdivider. My commission expires: tL /ir I a�L Notary Public (S E A L ) Address: 7/ 7 W * o*"Y PENN{ 8 {8K _.,7 NOTARY P C � Tx 793a�/ UBLI •, State of Texas +� a s� Comm. Exp. O6.1 W=1 ATTE T: 0 pie a97� City Clerk STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) CITY OF PUEBLO, a Municipal Corporation By V' ce President of the Council The foregoing instrument was acknowledged before me this A > y day Vice - of , �� is k: , l � IJ 199 , by 1� Y /J . rl `� 1l C , as President of City Council, and City Clerk of the City of Pueblo, Colorado. My commission expires: • D O� C') `," APPfi(� AS TO FORM: City Attorney Notary Public Address: 1111111 1111111111111111111111111111 1111 ill 111111111 IN 1194668 11/21/1997 10:33A B3058 P655 AGREE 3 of 6 R 31.00 D 0.00 Pueblo Cty Clk & Rec. -3- EXHIBIT A LEGAL DESCRIPTION. LOT 1, BLOCK 2, NORTH PUEBLO COMMERCIAL PARK FILING NO. 3, TOGETHER WITH A PART OF THE NORTHEAST ONE - QUARTER OF SECTION 13, TOWNSHIP 20 SOUTH, RANGE 65 WEST, OF THE 6111 P.M. AND A PART OF THE NORTHWEST ONE- QUARTER OF SECTION 18, TOWNSHIP 20 SOUTI1, RANGE 64 WEST, OF THE 6TH P.M., CITY OF PUEBLO, PUEBLO COUNTY, STATE OF COLORADO, THE ENTIRE TRACT OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 2, SAID POINT BEING ON THE NORTH LINE OF SAID NORTHEAST ONE - QUARTER OF SECTION 13; THENCE NORTH 88 DEGREES 17 MINUTES 04 SECONDS EAST, ALONG THE NORTH LINE OF SAID LOT I AND ALONG THE NORTH LINE OF SAID NORTHEAST ONE-QUARTER, A DISTANCE OF 990.98 FEET TO THE NORTHEAST CORNER OF SAID NORTHEAST ONE - QUARTER, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID NORTHWEST ONE- QUARTER OF SAID SECTION 18; THENCE SOUTH 89 DEGREES 22 MINUTES 08 SECONDS EAST, ALONG THE NORTH LINE OF SAID NORTHWEST ONE - QUARTER, A DISTANCE OF 412.92 FEET TO THE WESTERLY RIGHT -OF -WAY LINE OF THE DENVER AND RIO GRANDE RAILROAD; THENCE RUNNING SOUTHERLY, ALONG SAID WESTERLY RIGHT -OF -WAY LINE THE NEXT THREE (3) COURSES: 1) ALONG THE ARC OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 20 DEGREES 24 MINUTES 19 SECONDS AN ARC DISTANCE OF 643.36 FEET, A RADIUS OF 1806.50 FEET AND A CIIORD BEARING OF SOUTH 13 DEGREES 19 MINUTES 46 SECONDS WEST WITH A DISTANCE OF 639.97 FEET; 2) SOUTH 23 DEGREES 31 MINUTES 55 SECONDS WEST, A DISTANCE OF 1777.08 FEET; 3) ALONG THE ARC OF A CURVE TO TIIE LEFT THROUGH A CENTRAL ANGLE OF 10 DEGREES 11 MINUTES 47 SECONDS AN ARC DISTANCE OF 339.24 FEET, A RADIUS OF 1906.25 FEET AND A CHORD BEARING OF SOUTH 18 DEGREES 26 MINUTES 02 SECONDS WEST WITH A DISTANCE OF 338.79 FEET TO A POINT ON THE NORTH RIGI -TT -OF -WAY LINE OF 40TH STREET, SAID POINT BEING 60.00 FEET NORTH OF THE SOUTH LINE OF THE NORTHEAST ONE - QUARTER OF SAID SECTION 13; THENCE SOUTH 88 DEGREES 24 MINUTES 57 SECONDS WEST, ALONG SAID NORTH RIGHT -OF -WAY LINE, PARALLEL WITH AND 60.00 FEET NORTH OF SAID SOUTH LINE OF THE NORTHEAST ONE - QUARTER OF SECTION 13, A DISTANCE OF 3 54. 10 FEET TO THE INTERSECTION OF THE SOUTHERLY EXTENSION OF TIIE EAST LINE OF NORTH PUEBLO COMMERCIAL PARK FILING NO. 4 AND SAID NORTH RIGHT -OF -WAY LINE; THENCE NORTH 13 DEGREES 04 MINUTES 54 SECONDS EAST, ALONG SAID SOUTHERLY EXTENSION AND ALONG SAID EAST LINE, A DISTANCE OF 897.84 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 1, BLOCK 2, NORTH PUEBLO COMMERCIAL PARK FILING NO. 3; THENCE RUNNING ALONG THE WESTERLY LINE OF SAID LOT 1, BLOCK 2, THE NEXT THREE (3) COURSES: 1) ALONG THE ARC OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 51 DEGREES 41 MINUTES 08 SECONDS AN ARC DISTANCE OF 563.80 FEET, A RADIUS OF 625.00 FEET AND A CHORD BEARING OF NORTH 27 DEGREES 20 MINUTES 31 SECONDS WEST WITH A DISTANCE OF 544.88 FEET; 2) NORTH 01 DEGREES 29 MINUTES 57 SECONDS WEST, A DISTANCE OF 626.61 FEET, 3) NORTH 02 DEGREES 10 MINUTES 56 SECONDS WEST, A DISTANCE OF 573.58 FEET TO TILE POINT OF BEGINNING, CONTAINING 2,213,800 SQUARE FEET OR 50.82 ACRES, MORE OR LESS. 1 1194668 11/21/1997 10:33A 83058 P656 AGREE 4 of 6 R 31.00 D 0.00 Pueblo Cty Clk & Rec. EXHIE51r 11A11 EXHIBIT "B" IMPROVEMENTS SUBDIVISION NAME "Eagleridge" North Pueblo Commercial Park Filing No. 5 DEVELOPER: GRACO Real Estate Development Inc. /Portal Drive Associates, LLC ENGINEER: CLC Associates Inc. DILLON DRIVE - 60 F.L. /100' R.O.W Traffic Signalization: 1 @ 144,825.00/LS $144,825.00 Pavement Marking & Signage: 1 @ 44,456.00/LS $44,456.00 6' Sidewalk: 13,350 SF @ 2.50 /SF $33,375.00 Street Lights: 1 EA @ 1,000.00 /EA $1,000.00 Handicap Ramps: 600 SF @ 3.50 /SF $2,100.00 Landscape Parkwa.58 AC @ 16,200.00/AC $9,500.00 Remove Existing Curb & Gutter: 965 LF @ 4.00 /1-F $3,860.00 Remove Handicap Ramps: 2 @ 75.00 /EA $150.00 Remove 6' Sidewalk: 2,190 SF @ 1.00 /SF $2,190.00 Paving (10" asphalt): 700 SY @ 20.50 /SY $14,350.00 Channelization Islands: 2@ 1700.00 /EA $3,400.00 SUBTOTAL $259,206.00 WATER Public Water System 12" Main: 70 LF @ 29.22/1-F $2 SUBTOTAL $2,045.00 Private Water Svstem 8" Private Main: 2,705 LF @ 25.00 $67,625.00 Fire Hydrant Assembly: 8 EA @ 2,500.00 $20,000.00 Service Lines: Lot 1- 6 ": 1 EA @ 750.00 $750.00 Lot 2- 2 ": 1 EA @ 500.00 $500.00 Fut. Dillon - Lot 3- 1": 1 EA @ 1,000.00 $1,000.00 Fut. Dillon - Lot 4- 1": 1 EA @ 1,000.00 $1,000.00 Connect to existing Dillon North: 1 EA @ 1,000.00 $1,000.00 South: 1 EA @ 2,500.00 $2,500.00 Double Check Valve & Vault: 2 EA @ 20,000.00 $40,000.00 SUBTOTAL $134,375.00 SANITARY SEWER Private Sanitary Sewer Manholes: 6 EA @ 2,500.00 $15,000.00 8" Private Main: 1,105 LF @ 16.00 $17,680.00 6" Service Stub (Lot 1): 2 EA @ 3,000.00 $6,000.00 Connect to existing: 1 EA @ 500.00 $500.00 4" Service (Lot 2): 1 EA @ 1,000.00 $1,000.00 Fut. 4" Service Stub (Alt - Lot 3): 1 EA @ 5,000.00 $5,000.00 Fut. 4" Service Connect to Exist. (Lot 4): 1 EA @ 1,000.00 $1,000.00 SUBTOTAL $46,180.00 1 IN 1194668 11/21/1997 10:33A 83058 P657 AGREE 5 of 6 R 31.00 D 0.00 Pueblo Cf.y Clk & Rec. STORM SEWER 1 1194668 11/21/1997 10:33A B3058 P658 AGREE Storm Line "A" 6 of 6 R 31.00 D 0.00 Pueblo Cty Clk 8 Rec. 24" CPP: 544 LF @ 36.00 /LF $19,584.00 Manhole (5): 3 EA @ 3,000.00 /EA $9,000.00 Type "R" inlet (15'): 2 EA @ 4,000.00 /EA $8,000.00 5 ' Type "S" inlet: 1 EA @ 2,500.00 /EA $2,500.00 10' Type "S" inlet: 1 EA @ 3,000.00 /EA $3,000.00 15' Type "S" inlet: 1 EA @ 4,000.00 /EA $4,000.00 15" CPP: 134 LF @ 18.00 /1-F $2,412.00 18" CPP: 10 LF @ 19.00 1LF $190.00 SUBTOTAL $48,686.00 Lot 1 Outfall (East) Outlet Structure (in Det. Pond): 1 EA @ 2,000.00 /EA $2,000.00 15" CPP: 244 LF @ 18.00 /LF $4,392.00 18" CPP: 1,400 LF @ 19.00 /1-F $26,600.00 24" CPP: 560 LF @ 36.00 /1-F $20,160.00 30" CPP: 195 LF @ 42.00 /1-F $8,190.00 36" CPP: 105 LF @ 50.00 /1-F $5,250.00 Manholes (5'): 8 EA @ 1,600.00 /EA $12,800.00 End Section: 1 EA @ 2,500.00 /EA $2,500.00 "R" Inlet (10'): 3 EA @ 3,000.00 /EA $9,000.00 Detention Pond: 1 EA @ 5,000.00 /EA $5,000.00 Railroad Bore: 100 LF @ $75.00 /1-F $7,500.00 Outfall Headwall: 1 EA @ 2,000.00 1EA $2,000.00 Riprap Outlet: 375 CY @ 50.00 /CY $18,750.00 SUBTOTAL $124,142.00 Lot 2 Outfall 18" CPP: 145 LF @ 19.00 /1-F $2,755.00 SUBTOTAL $$2,755.00 Tract "A" Outfall (East) Outlet Structure: 1 EA @ 2,500.00 /EA $2,500.00 18" RCP CI-5: 400 LF @ 29.00 /1-F $11,600.00 Railroad Bore: 100 LF @ 75.00 /LF $7,500.00 Manhole (5): 1 EA @ 1,600.00 /EA $1,600.00 SUBTOTAL $23,200.00 Storm Sewer Line "E" (Fountain Creek) 18" RCP CI-5: 171 LF @ 29.00 /1-F $4,959.00 Outlet w /Slide Gate: 1 EA @ 2,500.00 /EA $2,500.00 Hdwl.: 1 EA @ 1,500.00 /EA $1,500.00 Riprap Channel: 666 CY @ 50.00 /CY $33,300.00 SUBTOTAL $42,259.00 Erosion Control Measures: 1 LS @ 5,000.00 $5,000.00 Planting and vegetation: 30 AC @ 1,5,0x.00 /AC $45,000.00 GRAND TOTAL $732,848.00 PREPARED BY: �/ — /z l Alex Shef h Date FIRM: CLC Associates. Inc REVIEWED BY: City of Pueblo Date Reception 1194669 11/21/1997 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT FOR NORTH PUEBLO COMMERCIAL PARR FILING NO. 5 THIS AGREEMENT is made on the -{ day of �z ,1997, between Portal Drive Associates, L.L.C., ( "Subdivider ") and the City of Pueblo, a municipal corporation ( "City "). WHEREAS, City is a body politic of the State of Colorado; and WHEREAS, Subdivider is a Texas limited liability company admitted to do business in Colorado; and WHEREAS, City has a responsibility to its residents to provide for the safe and efficient movement of vehicular traffic throughout the City; and WHEREAS, City and Subdivider executed an Addendum To Subdivision Improvements Agreement For North Pueblo Commercial Park Filing No. 3 dated August 28, 1996 and recorded in Book 2925, Page 347 of the records of the Pueblo County Clerk and Recorder ( "Filing No. 3 Addendum "); and WHEREAS, pursuant to Filing No. 3 Addendum, Subdivider agreed to contribute toward the cost of road and highway improvements including signalization ( "Subdivider's Contribution ") required because of Subdivider's proposed development of a shopping center and associated outlots in the City approximately at Dillon Drive and Eagleridge Boulevard, which development consists of Subdivision Filing Nos. 3, 4 and 5, North Pueblo Commercial Park and future adjacent Subdivisions ( "Subdivider's Development "); and WHEREAS, the operation of a shopping center and associated outlots to be developed by Subdivider in the City approximately at Dillon Drive and Eagleridge Boulevard, may add additional traffic to the existing and planned traffic volumes along Dillon Drive and Eagleridge Boulevard and other roadways under the jurisdiction of the Colorado Department of Transportation ("CDOT"); and WHEREAS, the operation of a shopping center and associated outlots to be developed by Subdivider in the City approximately at Dillon Drive and Eagleridge Boulevard, may as necessary require periodic maintenance of a detention pond; and WHEREAS, City and Subdivider have executed a Subdivision Improvements Agreement ( "Agreement ") for North Pueblo Commercial Park Filing No. 5 ( "Subdivision ") and now desire to amend the Agreement to describe each party's respective obligations with respect to the herein described impact fees and maintenance of detention facilities. NOW, THEREFORE, in consideration of the above and other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows: 1. Subdivider acknowledges and agrees that pursuant to the Filing No. 3 Addendum, Subdivider's Contribution is calculated to be $12.37 per daily vehicle trip generated by Subdivider's Development. The actual trip generation calculations for Subdivider's Development shall be based on accepted industry practices and standards for determining same for the actual uses in Subdivider's Development and Subdivider's Contribution shall be equal to $12.37 multiplied by the calculated number of daily trips for uses in Subdivider's Development. 2. Notwithstanding the provision of the Filing No. 3 Addendum, Subdivider and City agree that the first $100,000 of Subdivider's Contribution shall be paid to City in the form Page 1 of 4 1111111111111111111111111111111111111111111111111111111 1194669 11/21/1997 10:33A B3058 P660 ADD MGR 2 of 5 R 26.00 D 0.00 Pueblo Cty Clk & Rec. of a monetary payment to be used by City toward the cost of signalization of the intersection of Eagleridge /Dillon. The monetary payment shall be paid to City as follows: $70,000 within thirty (30) days after the date of filing the final plat for North Pueblo Commercial Park Filing No. 3, payment of which has been made and the City acknowledges to have received; and $30,000 within thirty (30) days after the date of filing the final plat for North Pueblo Commercial Park Filing No. 5. The balance of Subdivider's Contribution may be made in the form of, including but not limited to, monetary contribution payable to City for the use by City and /or CDOT, or contribution of land dedicating right of way to CDOT for any roadway to be constructed by CDOT across land owned by Subdivider, the value of which shall be determined by appraisal. This shall include land within the Subdivision and land owned by Subdivider adjacent to the Subdivision that shall be needed by CDOT for right of way for the completion of Dillon Drive. The balance of Subdivider's Contribution shall be due within thirty (30) days following the end of one (1) year after the filing of the final plat for the Subdivision. Said contribution shall be on the then existing and /or reasonably anticipated uses within Subdivider's Development. 3. Subdivider has completed, at its expense, the construction of Dillon Drive as part of the North Pueblo Commercial Park Filing No. 3 to the location shown on said plat filing. It is the intent of City and CDOT to connect Dillon Drive from said point to State Hwy. 47 and to connect Dillon Drive to 40th Street. Subject to funding by the State Legislature, the cost of connecting Dillon Drive to State Hwy. 47 and the cost of connecting Dillon Drive to 40th Street shall be paid by CDOT out of said funding by the State Legislature. Subdivider shall not be obligated to expend any funds on the actual construction associated with the above described work. A letter signed by City and CDOT verifying this action is attached as Exhibit " A " to this Addendum To Subdivision Improvements Agreement. 4. Subdivider and other owners of lots within the Subdivision shall maintain in proper working order the storm water drainage and detention facilities already constructed or to be constructed by Subdivider as part of the improvements for the Subdivision.* The operation and maintenance of the storm water drainage and detention facilities on Tract A of North Pueblo Commercial Park Filing No. 5 ( "Tract A shall remain the responsibility of the owner of Lot 5, Block 1, North Pueblo Commercial Park Filing No. 3, as stated in the Declaration of Covenants Concerning Drainage And Detention Easements, Private Sanitary Sewer Easements And Private Access Road Easements For North Pueblo Commercial Park Filing No. 3, recorded in Book 2925, Pages 352 -357, of the records of the Pueblo County Clerk and Recorder. City is hereby granted the right, but not the obligation, to maintain and repair the storm water drainage and detention facilities as City's Director of Public Works deems necessary in his /her discretion, and to recover the costs thereof plus 15 %, from Fs >: the owners of the lots within the Subdivision. *including drainage faciJ'tie loca ed,ia Easements and railroad pipeline crossings 5. ° At ts t i he request c L I City, Subdivider has included Tract A in the Subdivision. Subdivider shall not be required to install any public improvements in or along 40th Street or the future connector street between Dillon Drive and 40th Street, named by the City to be Carruth Court, as a result of including Tract A in said Subdivision that would not have been required if Tract A had not been included in said Subdivision. 6. Water and sewer services to Lots 2, 3 and 4 of the Subdivision shall not be required to be installed as part of the Page 2 of 4 1 111111111111111111111111111111111111111111111111111111 194669 11/21/1997 10:33A B3058 P661 ADD MGR 3 of 5 R 26.00 D 0.00 Pueblo Ct.y Clk 8 Rec. improvements required by the Subdivision Improvements Agreement for the Subdivision. Water and sewer services to each of said lots must be installed prior to issuance of a Certificate of Occupancy by the City for such lot. Water and sewer services shall be provided by public and /or private mains located outside the paved area of Dillon Drive. 7. This Addendum shall be incorporated and become part of the Subdivision Improvements Agreement for North Pueblo Commercial Park Filing No. 5 of even date, recorded on the same date with the Pueblo County Clerk and Recorder. This Addendum shall constitute a covenant running with and binding the land within the Subdivision, shall extend to, be binding upon, and inure to the benefit of the successors and assigns of the City and Subdivider. If there is a conflict between the provisions of this Addendum and those of the Subdivision Improvements Agreement, the provisions of this Addendum shall govern. 8. With reference to the provisions of Paragraph 14 of the Subdivision Improvements Agreement, City agrees that upon the completion and written approval and acceptance of the improvements constructed by Subdivider as provided in Paragraph 9 of the Subdivision Improvements Agreement, City will cause a written release of the Subdivision Improvements Agreement and this Addendum (except the obligation and responsibility to maintain and operate the storm water drainage and detention facilities) to be placed on record in the office of the County Clerk and Recorder of Pueblo County, Colorado, provided that City shall not be obligated to release its right and /or the obligations of Subdivider and the other owners of lots within the Subdivision pursuant to Paragraph 4 of this Addendum. 9. If any provision of this Addendum or the Subdivision Improvements Agreement is determined to be invalid or unenforceable, such determination shall not affect the validity of the remaining provisions. SUBDIVIDER: PORTAL DRIVE ASSOCIATES, L.L.C., a Texas Limited Liability Company By: Q e — cP S • J 1' Name: IZo ►� o w S . �+ Iz�sS Title: Authorized Member CITY OF PUEBLO, a Municipal corporati Name: Fa B. Kast 1 'c Tit ent of the Council Page 3 of 4 1 1 IN 1194669 11/21/1997 10:33A 83058 P662 ADD AGR 4 of 5 R 26.00 D 0.00 Pueblo Cty Clk & Rec. STATE OF T § S.S. COUNTY OF LUF36oGi�— § Subscribed and sworn before me on Z , 1997, by 2no^L S - C , authorized member of PORTAL DRIVE ASSOCIATES, L.L.C., a Texas limited liability company. Notary Public My commission expires STATE OF on: _'//S / COUNTY OF S.S. PENNI SISK *�* NOTARY PUBLIC •�• State of Texas t+ Comm. Exp. 09 - 2001 Subscribed and sworn before me on 1997, by r� f} y i f�1�'. 1 �,� c r �Ii CePresident of the Pueblo City Council. Notary Public My commission expires on: APPROVED AS TO FORM: 7/, — City Attorney =w; oIL Page 4 of 4 City of Pueblo DEPARTMENT OF TRANSPORTATION January 3, 1997 G. Randall Andrews Authorized Member Portal Drive Associates, L.L.C. P.O. Box 65207 Lubbock, Texas 79464 IIIIIIIIIIIIIIIIIIIIIIIII 1194669 11/21/1997 10 5 of 5 R 26.00 D 0.00 RE: Connection of Dillon Drive Dear Mr. Andrews: III IIII IIIIII III IIIII IN IN :33A B3058 P663 ADD AGR Pueblo Cty Clk & Rec. Pursuant to your currently approved plat, North Pueblo Commercial Park Filing #3, you are required to complete, at your expense, the construction of Dillon Dr. to the location shown on said plat filing. As you know, it is the intent of the City of Pueblo and Colorado Department of Transportation (CDOT) to connect Dillon Drive from said point to State Hwy. 47. Subject to funding by the State Legislature, the cost of connecting Dillon Drive to State I lwy. 47, and the cost of connecting Dillon Drive to 40th Street will be paid by CDOT out of finds received from said ft►nding. Accordingly, neither CDOT nor the City of Pueblo will require you to expend any finds on the actual construction costs associated with the above work. Should you construct any other streets on your property that connect to Dillon Drive, you will be required to construct those streets at your expense. If you have any questions, please do not hesitate to call. Sincerely, Colorado Department City of Pueblo of Transportation Ken Conyers District Engineer Lewis Quigley City Manager 350 S. Elizabeth Street Pueblo, Colorado 81003 (719) 545 -5840 Fax (719) 545 -0934 EXHIBIT "A" TO ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT Reception 1194670 11/21/1997 DECLARATION OF COVENANTS CONCERNING DRAINAGE AND DETENTION EASEMENTS, PRIVATE WATER EASEMENTS, PRIVATE SANITARY SEWER EASEMENTS, PRIVATE INGRESS AND EGRESS EASEMENTS FOR NORTH PUEBLO COMMERCIAL PARR FILING NO. 5 This Declaration of Covenants ( "Declaration ") is executed as of the later of the dates written opposite each signature, by PORTAL DRIVE ASSOCIATES, L.L.C., a Texas limited liability company ( "Portal "), and EAGLERIDGE ASSOCIATES, L.L.C., a Texas limited liability company doing business in Colorado as PUEBLO EAGLERIDGE ASSOCIATES, L.L.C. ( "Eagleridge "). RECITALS This Declaration is made concerning the following: A. Portal owns the real property described in Exhibit " A " attached hereto and made a part hereof for all purposes (the "Portal Property "). The Portal Property is or will be platted as Lots 1, 2, 3, 4, Tract A and Tract B, North Pueblo Commercial Park Filing No. 5 in the City of Pueblo, Pueblo County, Colorado. This constitutes the entire North Pueblo Commercial Park Filing No. 5 Subdivision (the "Subdivision "). B. A portion of Tract A in the Subdivision (the "Detention Easement ") , previously has been dedicated for use as storm water drainage and detention facilities for the purpose of detaining stormwater for North Pueblo Commercial Park Filing No. 3. It was designed to also detain stormwater for North Pueblo Commercial Park Filing No. 4, and a portion of North Pueblo Commercial Park Filing No. 5. The Detention Easement is more particularly described in Exhibit "B" attached hereto and made a part hereof for all purposes. C. Eagleridge owns the real property described as Lot 5, Block 1, North Pueblo Commercial Park Filing No. 3 D. Portal desires to provide for the proper development of the Subdivision and to insure for the installation, maintenance and repair of the drainage easements, water easements, sanitary sewer easements, storm sewer easements, utility easements and private ingress and egress easements shown on the plat of the Subdivision and the storm water drainage and detention facilities located in the Detention Easement. Now, therefore, Portal declares that the Subdivision is and shall be held, transferred, sold, conveyed, occupied and used subject to the following covenants, conditions and restrictions: 1. Purposes of Covenants and Restrictions: A. To insure proper development of the Subdivision. B. To provide reasonable methods to maintain and repair all platted and granted easements on -site and off - site of the Subdivision to benefit the Subdivision. 2. Restrictions: The subject property contains easements as shown on the Subdivision Plat and Detention Easement. A. All of the easements comprise a plan to benefit all lots in the Subdivision. Page 1 of 3 1 IN 111111 i 1194670 11/21/1997 10:33A 83058 P665 DEC C 2 of 5 R 26.00 D 0.00 Pueblo Cty Clk & Rec. M B. Each lot owner shall maintain and repair all improvements, service lines and facilities installed in the easements on such lot owner's respective lot; however, the owner of Lot 5, Block 1, North Pueblo Commercial Park Filing No. 3 shall be responsible for the maintenance and repair of all storm water drainage structures, detention facilities and improvements (the "Drainage Facilities ") located in the Detention Easement. The owner of said Lot 5, Block 1, North Pueblo Commercial Park Filing No. 3 and the owners of the remaining lots in the Subdivision may enter into separate agreements providing for the common maintenance of the Drainage Facilities and other improvements described herein and the sharing of the costs of such maintenance, but such agreements shall not alter or affect the obligations of the lot owners to City hereunder. C. No building or structure of any kind shall be placed in any drainage easement, storm detention easement, private sanitary sewer easement, storm sewer easement, utility easement, no -build easement or private ingress and egress easement in the Subdivision, provided that such restriction shall not prohibit improvement and use of any such easements other than the Detention Easement with landscaping or for use as paved parking and driveways. D. Eagleridge joins in execution of this instrument solely to evidence its agreement to the provisions of Paragraph 2.B. above. General provisions: A. Terms: These covenants shall run with the land and shall be binding on all parties and all persons claiming under them. B. Enforcement: Enforcement shall be by proceeding at law or equity against any person or entity violating, attempting to violate or not complying with any of these covenants. The enforcing party may seek and obtain recovery of damages, injunctive relief or both and attorney's fees. C. Severability: Invalidation of any one of these covenants by judgement or court order shall not affect the other provisions, which shall remain in effect. D. Notice: Any notice needed to be given to any owner under the provisions of these covenants shall be sent to the last known address of the record owner of the lot in which the owner has an interest as shown by the records of the Pueblo County, Colorado Clerk and Recorder at the time of such mailing. E. Standing: All owners of lots in the Subdivision shall have the right to enforce these covenants in any court of competent jurisdiction. Page 2 of 3 1 111111 1111111111111111111111 IN 111111 i 1194670 11/21/1997 10:33A 83058 P666 DEC C 3 of 5 R 26.00 D 0.00 Pueblo Cty Clk & Rec. In witness whereof the following have set their hand as of the day and date below written: PORTAL DRIVE ASSOCIATES, L.L.C., a Texas limited liability company By: ' J•cG , o� Name: IZo A S. GF IlL�� 5 Its : N THoy -1 r�r NL rr-�l 15 s;, {z EAGLERIDGE ASSOCIATES, L.L.C., a Texas limited liability company doing business in Colorado as PUEBLO EAGLERIDGE ASSOCIATES, L.L.C. By: w S. CL d'-C D Name: S. G►��t✓r�e�55 Its: A- ) - T b 12 1 z�D t i- 'm Elie— THE STATE OF § COUNTY OF L veaocK. § The foregoing instrument 21 -o,- day of I`1o��rneE2. Authorized Member of PORTAL limited liability company, on !L Yl� & NOTARY PUBLIC My Commission Expires S.S. Date: %X, /Z-L Z-1 - I Date: L / - I 1 was acknowledged before me on the _, 1997, by re- 6"isL_o S. Ga+t�r-1rLE55 , DRIVE ASSOCIATES, L.L.C., a Texas behalf of said company. PENNI SISK NOTARY PUBLIC 5 y State of Texas Comm. Exp. 09-15 -2001 THE STATE OF T 5 § S.S. COUNTY OF LO 8 ►aoc rL § The foregoing instrument was acknowledged before me on the 21s day of 1�\0 r- .BE2 1997, by QrD.-sAL-c? S. Authorized Member of EAGLERIDGE ASSOCIATES, L.L.C., a Texas limited liability company doing business in Colorado as PUEBLO EAGLERIDGE ASSOCIATES, L.L.C., on behalf of said company. -/I� &J-, NOTARY PUBLIC My Commission Expires: PENNI SISK NOTARY PUBLIC State of Texas Comm. EXP. 09-15.2001 Page 3 of 3 1111111111111111111111111111111111111111111 1194670 11/21/1997 10:33A 83058 P667 DEC 4 of 5 R 26.00 D 0.00 Pueblo C!y Clk & Rec. LX111UtT A LEGAL DESCRIPTION LOT I, BLOCK 2, NORTH PUEBLO COMMERCIAL PARK FILING NO. 3, TOGETHER WITH A PART OF THE NORTHEAST ONE - QUARTER OF SECTION 13, TOWNSIUP 20 SOUTH, RANGE 65 WEST, OF THE 6111 P.M. AND A PART OF THE NORTHWES ONE - QUARTER OF SECTION 18, TOWNSHIP 20 SOUTH, RANGE 64 WEST, OF TILE 6TI1 P.M., CITY OF PUEBLO, PUEBLO COUNTY, STATE OF COLORADO, TII ENTIRE TRACT OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 2, SAID POINT BEING ON THE NORTH LINE OF SAID NORTHEAST ONE - QUARTER OF SECTION 13; THENCE NORTH 88 DEGREES 17 MINUTES 04 SECONDS EAST, ALONG TFLE NORTH LINE OF SAID LOT 1 AND ALONG THE NORTH LINE OF SAID NORTHEAST ONE-QUARTER, A DISTANCE OF 990.98 FEET TO THE NORTHEAST CORNER OF SAID NORTHEAST ONE - QUARTER, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID NORTHWEST ONE - QUARTER OF SAID SECTION 18; THENCE SOUTH 89 DEGREES 22 MINUTES 08 SECONDS EAST, ALONG THE NORTH LINE OF SAID NORTHWEST ONE - QUARTER, A DISTANCE OF 412.92 FEET TO THE WESTERLY RIGHT -OF -WAY LINE OF THE DENVER AND RIO GRANDE RAILROAD; THENCE RUNNING SOUTHERLY, ALONG SAID WESTERLY RIGHT -OF -WAY LINE THE- NEXT THREE (3) COURSES: 1) ALONG T14E ARC OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 20 DEGREES 24 MINUTES 19 SECONDS AN ARC DISTANCE OF 643.36 FEET, A RADIUS OF 1806.50 FEET AND A CHORD BEARING OF SOUTH 13 DEGREES 19 MINUTES 46 SECONDS WEST WITH A DISTANCE OF 63997 FEET; 2) SOUTH 23 DEGREES 31 MINUTES 55 SECONDS WEST, A DISTANCE OF 1777.08 FEET; 3) ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 10 DEGREES I I t'vLJ1UTT;S 47 SECONDS AN ARC DISTANCE OF 339.24 FEET, A RADIUS OF 1906.25 FEET AND A CHORD BEARING OF SOUTH 18 DEGREES 26 MINUTES 02 SECONDS WEST WITH A DISTANCE OF 338.79 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF 40TH STREET, SAID POINT BEING 60.00 FEET NORTH OF TIIE SOUTH LINE OF THE NORTHEAST ONE - QUARTER OF SAID SECTION 13; THENCE SOUTH 88 DEGREES 24 MINUTES 57 SECONDS WEST, ALONG SAID NORTH RIGHT -OF -WAY LINE, PARALLEL WITH AND 60.00 FEET NORTH OF SAID SOUTH LINE OF THE NORTHEAST ONE - QUARTER OF SECTION 13, A DISTANCE OF 354.10 FEET TO THE INI - ERSECTION OF THE SOUTTERLY EXTENSION OF THE EAST LINE OF NORTH PUEBLO COMMERCIAL PARK FILING NO. 4 AND SAID NORTH RIGHT -OF -WAY LINE; IT NORTH 13 DEGREES 04 MINUTES 54 SECONDS EAST, ALONG SAID SOUTHERLY EXTENSION AND ALONG SAID EAST LINE, A DISTANCE OF 897.84 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 1, BLOCK 2, NORTH PUEBLO COMMERCIAL PARK FILING NO. 3; THENCE RUNNING ALONG THE WESTERLY LINE OF SAID LOT 1, BLOCK 2, THE NEXT THREE (3) COURSES: 1) ALONG THE ARC OF A CURVE TO THE RIGHT THROUGII A CENTRAL ANGLE OF 51 DEGREES 41 MINUTES 08 SECONDS AN ARC DISTANCE OF 563.80 FEET, A RADIUS OF 625.00 FEET AND A CHORD BEARING OF NORTH 27 DEGREES 20 MINUTES 31 SECONDS WEST WITH A DISTANCE OF 544.88 FEET, 2) NORTH 01 DEGREES 29 MINUTES 57 SECONDS WEST, A DISTANCE OF 626.61 FEET; 3) NORTH 02 DEGREES 10 MINUTES 56 SECONDS WEST, A DISTANCE OF 573.58 FEET TO THE POINT OF BEGINNING, CONTAINING 2,213,800 SQUARE FEET OR 50.82 ACRES, MORE OR LESS. EXH I E51 T 11 if S75'41'37 "E DRAINAGE EASEMENT � N13'04'54 "E 30.01' N75'41'37 "W 26.66' N39'23'55 "W 42.05' l� V M U N U) c N O 3 6 1 Ui Z 'I t0 fA f- 0 0 n Z tLI 2 e 41 v u d G �f 00 -nC t0 U _ d a - to U -m O 1 3 - l7 d O B � � CD � �o � m a N &O -� N 1z - � W) =0) O POINT OF BEGINNING SO1'35'03 "E 60.00' k JAI Q o 10'11' 47" R =1906.25' L =339.24' CU- S18'26'02 "W LC-338.79' S98'24'57 4 W 292.08' f •'' 44TH STREET„ 1 S88 24 57 W _ S -LINE OF THE NE LEGAL DESCRIPTION E 1/4 COR. SEC. 13 T20S, R65W, 6111 PM 1" STEEL PIN IN CONC. IN MONUMENT CASE A PART OF THE NORTHEAST QCIARIER OF SECTION 13, TOWNSHIP 20 SOUTH, RANGE 65 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PUEDI.O, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 13 FROM MUCH I11E NORTHEAST CORNER OF SAID SECTION 13 BEARS NORM 00 DEGREES 25 MINUTES 29 SECONDS WEST, A DISTANCE OF 2622.29 FEET; TIIENCE S0UT1l 88 DEGREES 24 MINUTES 57 SECONDS WEST, ALONG TIIE SOUIll LINE OF SAID NORTHEAST QUARTER, A DISTANCE 01 861.36 FEET; IIIENCE NOR1H 01 DEGREES 35 MINUTES 03 SECONDS WEST, A DISTANCE OF 60.00 FEET 10 A POINT ON THE NORIII RIG111 - -OF -WAY LINE OF 40111 S1REE 1, SAID POINT BEING 111E TRUE POINT OF BEGINNING; THENCE NORIII 13 DEGREES 04 MINUTES 54 SECONDS EAST, A DISIANCE OF 569.76 FEET; THENCE NORTH 39 DEGREES 23 MINUTES Sri SECONDS WEST, A DISTANCE OF 42.05 FFCI; IIIENCE NORTH 75 DEGREES 41 MINUTES 37 SECONDS WEST, A DISTANCE OF 26.66 FEE T IIIENCE NORIII 13 DEGREES 04 MINUTES 54 SECONDS EAST, A DISFANCE OF 30.01 FEET; IIIENCE SO0111 75 DEGREES 41 MINUTES 31 SECONDS EAST, A DISTANCE OF 37.13 FEE]; IIIENCE SOUIII 39 DEGREES 23 MINUTES 55 SECONDS EAST, A DISTANCE OF 26.84 FFET; IIIENCE HORIII 13 DEGREES 04 MINl11ES 54 SECONDS EAST, A DISIANCE OF 69.27 FFC1; IIIENCE SO0111 66 DEGREES 48 MINIIIES 38 SECONDS FAST, A DISIANCE OF 351.13 FEET 10 A 1 LYING ON TIIE WESTERLY RIGHT-OF-WAY LINE OF THE DENVER AND RIO GRANDE RAILROAD, SAID POINT DEING 50.00 FEET (MEASURED PERPENDICULAR) FROM . TIIE CENTERLINE OF TIIE EXISTING TRACKS (1996); IIIENCE SO(IIIIERI.Y ALONG SAID WESTERLY RIGIIT --OF -WAY LINE AND PARALLEL WAIT SAID CENTERLINE TIIE NEXT TWO (2) COURSES: 1) SOUTH 23 DEGREES 31 MINUTES 55 SECONDS WEST, A DISTANCE OF 206.33 FEET; 2) ALONG THE ARC OF A CURVE TO TIIE LEFT THROUGH A CENTRAL ANGLE OF 10 DEGREES 11 MINUTES 47 SECONDS, AN ARC DISTANCE OF 339.24 FEET, A RADIUS OF 1906.25 FEET AND A CHORD HEARING OF SOUTH 18 DEGREES 26 MINUTES 02 SECONDS WEST, WITH A DISTANCE OF 338.79 FEET 10 TIIE NORTH RIGIIT -OF -WAY LINE OF SAID 40111 STREET; TIIENCE SOUIII 88 OEGREFS 24 MINUTES 57 SECONDS WEST, ALONG SAID NORTH RIGIIT -OF -WAY LINE, A DISTANCE OF 292.08 FEET 10 TIIE POINT OF BEGINNING, CONTAINING 189,966 SQUARE FEET OR 4.36 ACRES, MORE OR 1 FSS. N 13'04'54 "E 69.27' S s6• S39'23'65 "E 28,84' J� l3, NE COR. SEC. 13. 120S, 865W, 6111 PM 3" ALUM. CAP LS 10093 I` 100' pm E:.XN I Bi " 13" 1/4 OF SEC. 13