Loading...
HomeMy WebLinkAbout06289Reception 1216940 05/01/1998 ORDINANCE NO. 6289 AN ORDINANCE APPROVING THE PLAT OF SOUTHERN COLORADO MEDICAL CENTER, FILING NO. 1 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Southern Colorado Medical Center, Filing No. 1, being a subdivision of land described as: All of Lots 5 through 13, Block 4 and Lots 4 through 13, Block 5 and vacated Riviera Drive and Tahiti Drive adjacent thereto in Holiday Hills No. 3, accord- ing to the recorded plat thereof, filed for record July 21, 1961, AND A portion of Parcel A in Subdivision Variance No. 339, according to the recorded plat thereof, filed for record October 29, 1982 in Book 2132 at Page 755 of the Pueblo County records AND All of Parcel A in Subdivision Variance No. 423, according to the recorded plat thereof, filed for record March 16, 1990 in Book 2489 at Page 67 of the Pueblo County records AND A portion of the SW 1/4 of the NW 1/4 of Section 15, Township 20 South, Range 65 West of the 6th P.M. AND All being more particulary described as follows: Considering the South line of the said NW 1/4 of Section 15, Township 20 South, Range 65 West of the 6th P.M. to bear S.88 °43'53" W. and all bearings contained herein being relative thereto. Commencing at the W 1/4 corner of said Section 15; thence N.88 °43'53" E., along the said South line of NW 1/4, a distance of 80.00 feet to the Southwest corner of a tract of land conveyed by deed recorded in Book 1882 at Page 15 of the Pueblo County records and the Easterly right -of -way line of Colorado State Highway No.45 (Pueblo Blvd.), as presently located and the True Point of Beginning; thence Northeasterly, along said Easterly right -of -way line and along the boundary of said tract of land the following two (2) courses: 1. N.29 0 07'23" E., a distance of 478.00 feet; 2. N.17 0 20'53" E., a distance of 76.69 feet to the Southwest corner of a tract of land conveyed by deed recorded in Book 1783 at Page 777 of the said County records; thence continuing Northeasterly, along the said Easterly highway right -of -way line and along the boundary of said tract of land the following three (3) courses: 1. N.17 °20'53" E., a distance of 217.01 feet; 2. N.18 °05'53" E., a distance of 421.27 feet (416.97 feet, deed) to the South subdivision boundary line of said Holiday Hills No. 3; 3. N.88 0 43'53" E., along said South subdivision boundary line, a distance of 167.90 feet to the Southwest corner of Lot 8, Block 4 in said Holiday Hills No. 3; thence continuing Northeasterly, along the said Easterly highway right -of -way line and along the Southerly right -of -way line of U.S. Highway No. 50 West, as presently located the following five (5) courses: 1. N.01 0 42'34" W., along the West line of said Block 4, a distance of 308.92 feet to the Northwest corner of said Lot 5, Block 4; 2. N.88 0 43'53 "E., along the North line of said Lot 5, a distance of 110.00 feet to the Southwest corner of said Lot 13, Block 4 in Holiday Hills No. 3; 3. N.01 0 42'34" W., along the West line of said Lot 13, a distance of 74.96 feet to the Northwest corner thereof; 4. N.88 0 43'53" E., along the North line and that line extended of said Lot 13, Block 4 and said Lots 4 and 13, Block 5 in Holiday Hills No. 3, a distance of 402 .40 feet to the Northeast corner of said Lot 13, Block 5; 5. N.79 0 27'42" E., a distance of 59.53 feet to the Northwest corner of said Parcel A in Subdivision Variance No. 339; thence continuing Easterly, along the said Southerly right -of -way line and along the boundary of said Parcel A the following two (2) courses: 1. N.79 0 27'42" E. (N.79 0 45'59 "E., plat), a distance of 249.20 feet 2. S.79 0 57'18" E. (S.79 0 39'01" E., plat), a distance of 288.24 feet; thence S.30 °13'29 "E., a distance of 646.23 feet; thence N.88 °23'38" E., a distance of 222.34 feet to the East boundary line of said Parcel A; thence S. 19°33'18 " E., along said East boundary line, a distance of 84.09 feet; thence S.88 0 23'38 "W., a distance of 204.61 feet; thence S.30 °13'29 "E., a distance of 88.78 feet; thence S. 13'08'37"W., a distance of 276.77 feet; thence S.20 °19'09" E., a distance of 218.32 feet; thence S.41 °23'09" E., a distance of 297.94 feet; thence S.01'16'07" E., a distance of 40.00 feet to the said South line of the NW 1/4 of Section 15; thence S.88 0 43'53" W., along said South line, a distance of 1112.94 feet to the Northeast corner of said Parcel A in Subdivision Variance No. 423; thence along the boundary of said Parcel A the following four (4) courses: 1. S.01 E, a distance of 657.46 feet (S.00 0 00'00" W., 657.51 feet, plat); '2. S.88 0 43'39" W., a distance of 1301.00 feet (N.89 °45'45" W., 1299.99 feet, plat) to the Easterly right -of -way line of Colorado State Highway No. 45 (Pueblo Blvd.), as presently located; 3. N.01 0 45'08" W., along said Easterly right -of -way line, a distance of 27.07 feet (N.00 0 00'00 "E., 41.41 feet plat); 4. N.05 0 29'12" E., continuing along said right -of -way line, a distance of 634.86 feet (N.07 °24'09" E., 620.96 feet, plat) to the Point of Beginning. Containing 76.487 acres, total. 1 111111 11111 11111 11111 111111 11111 111111 111 11111 1111 IN 1216940 05/01/1998 01:16P 83118 P131 ORD 2 of 4 R 21.00 D 0.00 Pueblo Cty Clk & Roe. 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, 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 111111111111111111111111111111111111111111 IN IN III 1216940 03/01/1998 01:16P B3118 P132 ORD 3 of 4 R 21.00 D 0.00 Pueblo Cty Clk & Rec. y ti subdivision plat becomes effective. INTRODUCED January 12. 1998 By John Verna Councilmember ` APPROVED Gf• / ��• Y = 1 o Preside of e Council �A 'A�17 City Clerk I1II1 1 111 1 111111 II1 111 0 11 RD I I11I 1 111111 11111 II"I'llll ! 1 :1 83118 P133 ORD 1216940 05/01/19 Clk & Rec. 4 of 4 R 21.00 0 0.00 Pueblo C!y 12/29/97 Reception 1216942 05/01/1998 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on ((mot /"/ , �� , between the CITY OF PUEBLO a Municipal Corporation ( "City"), and PEAK VIEW BUSINESS CAMPUS, LLC a Colorado limited liability company ( "Subdivider") RECITALS: WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit "A "; and WHEREAS, the Subdivider, as a condition of approval of the final plat of SOUTHERN COLORADO MEDICAL CENTER, FILING NO.1 ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the 1971 Code of Ordinances; and WHEREAS, Subdivider is required by Section 12 -4 -7 (J) of the 1971 Code of Ordinances of the City to construct and install certain public improvements generally described in attached Exhibit "B" and shown on approved construction plans and documents on file at the office of the City's Director of Public Works ( "Required Public Improvements "); and WHEREAS, by Chapter 4, Title XII of the 1971 Code of Ordinances, Subdivider is obligated to provide security or collateral sufficient in the judgement of the City Council to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and subdivider agree as follows: Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time DPW 2/18/98 1 IN 1111 1216942 05/01/1998 01:16P 83118 P137 SUB AG 2 of 14 R 71.00 D 0.00 Pueblo Ct.y Clk & Rec. to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit ". 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the costs of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer, to the proposed building site. In any case where the block, as later defined, exceeds one thousand (1000) feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted Required Public Improvements in at least one half ('/2 ) of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter at the mid - block point and barricade such street so that no through traffic shall be permitted beyond the point to which the estimate of the Director of Public Works is based. 4. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recently proposed site and existing improvements. 5. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be alien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. DPW 2/18/98 2 1216942 05/01/1998 01.16P 83118 P138 SUB ii 3 of 14 R 71.00 D 0.00 Pueblo C!y Clk 8 Ree. 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 12 -4 -7 (J) of the 1971 Code of Ordinances, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought have been properly designed., engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this paragraph 7 and the restriction on the issuance of building permits contained in paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors and assigns of Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances, and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights - of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to complete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible for all the Required Public Improvements. DPW 2/18/98 3 1111111111111111 Mill 1111111111111111111 III 11111 I IN IN 1216942 09/01/1998 01:16P 83118 P139 SUB AG 3 4 of 14 R 71.00 D 0.00 Pueblo Ct.y Clk & Rec. c. 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots, and shall include the full width of all streets upon which such lots abut. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage, stormwater detention facility, or maintenance and restoration of restoration of adjacent drainage channels, and /or associated improvements and revegetation (the "facilities "), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefor approved by, and on file with the City, and thereafter, the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right (but not the obligation) to inspect, control, repair, replace and maintain the facilities and to recover all costs and expenses therefor including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charge shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain or replace the facilities shall not subject the City to any liability for such failure. 12. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear, the holder of such indebtedness shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions and restrictions. 13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation concerning this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorneys' fees. 14. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and be signed by all parties. 15. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, DPW 2/18/98 4 111111111111111111111111111111111111111111111111111 IN 1216942 05/01/1998 01:16P B3118 P140 SUB A 5 of 14 R 71.00 D 0.00 Pueblo Ct.y Clk & Rec. and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as described above. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. PEAK VIEW BUSINESS CAMPUS, LLC, (SEAL) STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) a Colorado limited liability company Subdiv' By Thomas C. Con 6 Manager By: The foregoing instrument was acknowledged before me on a 48g .L f 7 by Thomas C. Cone, Manager of PEAK VIEW BUSINESS CAMPUS, LLC, a Colorado limited liability company Subdivider. My p1 r � ? ' --�. � j — Notary Publi C (S ~ N` f OF Cps City Cl r STATE OF COLORADO COUNTY OF COLORADO ss. CITY OF PUEBLO, a Municipal Corporation By: President of the touncil DPW 2/18/98 5 The foregoing instrument was acknowledged before me on April 27 , 1998 , by, C,a by A. Garcia a'teher as City Clerk of the commission expires: 8 -21 -99 "VIVROVED AS TO FORM: , as President of City Council, and City of Pueblo, Colorado. otary Public 1 / 1 111111 11111 11111 1111 1216942 05/01/19 6 o 14R71. 111111 IN 11111111111111 1111 111 01:16P 83118 P141 SUB Rec . 0.00 Pueblo Cty DPW 2/18/98 1216942 05/01/1998 01:16P B3118 P142 SUB AG 7 of 14 R 71.00 D 0.00 Pueblo Cty Clk & Rec. SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT A All of Lots 5 through 13, Block 4 and Lots 4 through 13, Block 5 and vacated Riviera Drive and Tahiti Drive adjacent thereto in Holiday Hills No. 3, according to the recorded plat thereof, filed for record July 21, 1961 AND A portion of Parcel A in Subdivision Variance No. 339, according to the recorded plat thereof, filed for record October 29, 1982 in Book 2132 at Page 755 of the Pueblo County records AND All of Parcel A in Subdivision Variance No. 423, according to the recorded plat thereof, filed for record March 16, 1990 in Book 2489 at Page 67 of the Pueblo County records AND A portion of the SW 1/4 of the NW 1/4 of Section 15, Township 20 South, Range 65 West of the 6"' P.M. AND All being more particularly described as follows: Considering the South line of the said NW1 /4 of Section 15, Township 20 South, Range 65 West of the 6` P.M. to bear S.88 °43'53 "W. and all bearings contained herein being relative thereto. Commencing at the W1 /4 corner of said Section 15; thence N.88 °43'53 "E., along the said South line of the NW1 /4, a distance of 80.00 feet to the Southwest corner of a tract of land conveyed by deed recorded in Book 1882 at Page 15 of the Pueblo County records and the Easterly right -of -way line of Colorado State Highway No. 45 (Pueblo Blvd.), as presently located and the True Point of Beginning; thence Northeasterly, along said Easterly right -of -way line and along the boundary of said tract of land the following two (2) courses: N. 29 °07'23" E., a distance of 478.00 feet; N. 17 °20'53 "E., a distance of 76.69 feet to the Southwest corner of a tract of land conveyed by deed recorded in Book 1783 at Page 777 of the said County records; thence continuing Northeasterly, along the said Easterly highway right -of -way line and along the boundary of said tract of land the following three (3) courses: N. 17 °20'53" E., a distance of 217.01 feet; N. 18 °05'53" E., a distance of 421.27 feet (416.97 feet, deed) to the South subdivision boundary line of said Holiday Hills No. 3; N. 88 °43'53" E., along said South subdivision boundary line, a distance of 167.90 feet to the Southwest corner of Lot 8, Block 4 in said Holiday Hills No. 3; 7 11111111111111111111111111111111111111111111111111 1111 216942 03/01/1998 01:16P 83118 P14 SUB 8 of 14 R 71.00 D 0.00 Pueblo Cty Clk$BRec. SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT A (continued) thence continuing Northeasterly, along the said Easterly highway right -of -way line and along the Southerly right -of- way line of U.S. Highway No. 50 West, as presently located the following five (5) courses: 1. N. 01 °42'34" W., along the West line of said Block 4, a distance of 308.92 feet to the Northwest corner of said Lot 5, Block 4; 2. N. 88 °43'53" E., along the North line of said Lot 5, a distance of 110.00 feet to the Southwest corner of said Lot 13, Block 4 in Holiday Hills No. 3; 3. N. 01 °42'34" W., along the West line of said Lot 13, a distance of 74.96 feet to the Northwest corner thereof; 4. N. 88 °43'53" E., along the North line and that line extended of said Lot 13, Block 4 and said Lots 4 and 13, Block 5 in Holiday Hills No. 3, a distance of 402.40 feet to the Northeast corner of said Lot 13, Block 5; 5. N. 79 °27'42" E., a distance of 59.53 feet to the Northwest corner of said Parcel A in Subdivision Variance No. 339; thence continuing Easterly, along the said Southerly highway right -of -way line and along the boundary of said Parcel A the following two (2) courses: 1. N. 79 °27'42" E. (N. 79 °45'59" E., plat), a distance of 249.20 feet; 2. S. 79 E., (S. 79 °39'01" E., plat), a distance of 288.24 feet; thence S. 30 °13'29 "E., a distance of 646.23 feet; thence N. 88 °23'38" E., a distance of 222.34 feet to the East boundary line of said Parcel A; thence S. 19'33'18" E., along said East boundary line, a distance of 84.09 feet; thence S. 88 °23'38 "W., a distance of 204.61 feet; thence S. 30 °13'29 "E., a distance of 88.78 feet; thence S. 13 °08'37 "W., a distance of 276.77 feet; thence S. 20 °19'09 "E., a distance of 218.32 feet; thence S. 41 °23'09 "E., a distance of 297.94 feet; thence S. 01 °16'07 "E., a distance of 40.00 feet to the said South line of the NW 1/4 of Section 15; thence S. 88 °43'53 "W., along said South line, a distance of 1112.94 feet to the Northeast corner of said Parcel A in Subdivision Variance No. 423; thence along the boundary of said Parcel A the following four (4) course: 1. S. 01 °43'18 "E., a distance of 657.46 feet (S. 00 °00'00 "W., 657.51 feet, plat); 2. S. 88 °43'39 "W., a distance of 1301.00 feet (N. 89 °45'45 "W., 1299.99 feet, plat); to the Easterly right -of -way line of Colorado State Highway No. 45 (Pueblo Blvd.) as presently located; 3. N. 01 °45'08 "W., along said Easterly right -of -way line, a distance of 27.07 feet (N. 00 °00'00 "E., 41.41, feet, plat); 4. N. 05 °29'12 "E., continuing along said right -of -way line, a distance of 634.87 feet (N. 07 0 24'09 "E., 620.96, feet, plat) to the Point of Beginning. Containing 76.487 acres, total. 9507306.1032 8 111111111111111111111111111111111111111111111111111 IN 1216942 05/01/1998 01:16P 83118 P144 SUB AG 9 of 14 R 71.00 D 0.00 Pueblo Ct.y C1k & Rec. SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: Southern Colorado Medical Center, Filing No. 1 DEVELOPER: Peak View Business Campus, LLC ENGINEER: NorthStar Engineering and Surveying, Inc. STREETS (PARKER BOULEVARD Asphalt (3" Asphalt on 16" Base) 1097 SY @ $20.10 /SY $22,050 Asphalt (3" Asphalt on 18" Base) 11860 SY @ $21.90 /SY $259,734 Standard Curb and Gutter 5394 LF @ $7.80 /LF $42,073 Type 2 Curb and Gutter 248 LF @ $7.80 /LF $1,934 Handicap Ramps 4378 SF @ $3.50 /SF $15,323 Square Pan 16 EA @ $419.00 /EA $6,704 Cross Pan 1504 SF @ $3.80 /SF $5,715 Concrete Box Culvert 130 LF @ $600.00 /LF $78,000 Wing Walls 56 CY @ $450.00 /CY $25,200 Concrete Footer 6.3 CY @ $300.00 /CY $1,890 Rip Rap (At Box Culvert) 1111 CY @ $50.00 /CY $55,550 WATER 16" D.I. Water Main 558 LF @ $28.67 /LF $15,998 16" PVC Water Main 1649 LF @ $28.67 /LF $47,277 12" PVC Water Main 908 LF @ $28.67 /LF $26,032 Fire Hydrant Ass'y. 7 EA @ $1,800.00 /EA $12,600 Permanent Blow Off 2 EA @ $600.00 /EA $1,200 Services 8 EA @ $640.00 /EA $5,120 SANITARY SEWER $1,800 Type I- B Manhole 5 EA @ $1,600.00 /EA 8" PVC Sewer Main 2447 LF @ $22.00 /LF $53,834 48" Dia. Manholes 7 EA @ $1,400.00 /EA $9,800 Services 5 EA @ $765.00 /EA $3,825 STORM SEWER 30" HDPE Pipe 41 LF @ $50.00 /LF $2,050 24" HDPE Pipe 518 LF @ $36.00 /LF $18,648 18" HDPE Pipe 360 LF @ $29.00 /LF $10,440 15" HDPE Pipe 213 LF @ $27.00 /LF $5,751 Type "S" Inlet L =15' 3 EA @ $4,000.00 /EA $12,000 Type "S" Inlet L =8' 2 EA @ $2,600.00 /EA $5,200 Type "S" Inlet L =5' 2 EA @ $2,000.00 /EA $4,000 Type "S" Inlet L =4' 1 EA @ $1,800.00 /EA $1,800 Type I- B Manhole 5 EA @ $1,600.00 /EA $8,000 Rip Rap 19 CY @ $50.00 /CY $950 18" HDPE Flared End 1 EA @ $100.00 /EA $100 STREET LIGHTS 6 EA @ $1,300.00 /EA $7,800 MONUMENTS 3 EA @ $575.00 /EA $1,725 PARKER BOULEVARD $768,324 111111111111111 111111111111111111111111111111111111111 1216942 05/01/1998 01:16P B3118 P145 SUB AG 10 of 14 R 71.00 D 0.00 Pueblo Ct.y Clk & Rec. SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: Southern Colorado Medical Center, Filing No. 1 DEVELOPER: Peak View Business Campus, LLC Engineer: NorthStar Engineering and Surveying, Inc. STREETS (TUXEDO BOULEVARD Asphalt (3" Asphalt on 22" Base) 7963 SY @ $25.50 /SY $203,057 Asphalt (3" Asphalt on 17" Base) 3658 SY @ $21.00 /SY $76,818 Standard Curb and Gutter 1900 LF @ $7.80 /LF $14,820 Type 2 Curb and Gutter 1247 LF @ $7.80 /LF $9,727 Handicap Ramps 1592 SF @ $3.50 /SF $5,572 Square Pan 8 EA @ $419.00 /EA $3,352 Cross Pan 832 SF @ $3.80 /SF $3,162 River Rock 56 CY @ $50.00 /CY $2,800 Stamp Conc. Median (3'x 4 ") 228 LF @ $7.50 /LF $1,710 WATER 12" PVC Water Main 612 LF @ $28.67 /LF $17,546 8" PVC Water Main 402 LF @ $28.67 /LF $11,525 Fire Hydrant Ass'y. 2 EA @ $1,800.00 /EA $3,600 Permanent Blow Off 2 EA @ $600.00 /EA $1,200 Services 5 EA @ $640.00 /EA $3,200 SANITARY SEWER 4 EA @ $1,300.00 /EA $5,200 8" PVC Sewer Main 959 LF @ $22.00 /LF $21,098 48" Dia. Manholes 4 EA @ $1,400.00 /EA $5,600 Services 5 EA @ $765.00 /EA $3,825 STORM SEWER 24" HDPE Pipe 676 LF @ $36.00 /LF $24,336 15" HDPE Pipe 6 LF @ $27.00 /LF $162 Type "S" Inlet L =15' 2 EA @ $4,000.00 /EA $8,000 Type I -B Manhole 3 EA @ $1,600.00 /EA $4,800 Rip Rap 3 CY @ $50.00 /CY $150 STREET LIGHTS 4 EA @ $1,300.00 /EA $5,200 TUXEDO BOULEVARD $431,259 10 1216942 06/01/1998 01:16P 83118 P146 SUB AG it of 14 R 71.00 D 0.00 Pueblo Cty Clk & Rec. SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: Southern Colorado Medical Center, Filing No. 1 DEVELOPER: ENGINEER: STORM SEWER (East of Parker Blvd.) 54" Cl. II RCP 30" HDPE Pipe 24" HDPE Pipe Type III Manhole Type I -B Manhole 54" FES Rip Rap Revegetation Trickle Channel (4'x703') STORM SEWER (West of Parker Blvd 18" HDPE Pipe 312 LF @ $29.00 /LF Type I -B Manhole 1 EA @ $1,600.00 /EA Rip Rap 17 CY @ $50.00 /CY Peak View Business Campus, LLC NorthStar Engineering and Surveying, Inc. 245 LF @ $115.00 /LF $28,175 540 LF @ $50.00 /LF $27,000 45 LF @ $36.00 /LF $1,620 2 EA @ $4,000.00 /EA $8,000 2 EA @ $1,600.00 /EA $3,200 1 EA @ $1,500.00 /EA $1,500 417 CY @ $50.00 /CY $20,850 0.8 AC $12,000.00 /AC $9,600 2812 SF @ $2.50 /SF $7,030 $9,048 $1,600 $850 STORM SEWER (North of Tuxedo Blvd.) 36" HDPE Pipe 368 LF @ $70.00 /LF $25,760 15" HDPE Pipe 61 LF @ $27.00 /LF $1,647 SANITARY SEWER (North of Tuxedo Blvd. 8" PVC Sewer Pipe 391 LF @ $22.00 /LF 48" Dia. Manhole 1 EA @ $1,400.00 /EA WATER (West of Parker Blvd.) 16" PVC Water Main 480 LF @ $28.67 /LF Permanent Blow Off 1 EA @ $600.00 /EA TOTAL $8,602 $1,400 $13,762 $600 $170,244 11 111111111111111111111111111111111111111111111111111 IN 1216942 03/01/1996 01:16P 83118 P141 SUB AG 12 of 14 R 71.00 D 0.00 Pueblo Cty Clk & Rec. SUBDIVISION IMPROVEMENTSAGREEMENT EXHIBIT "B" SUBDIVISION NAME DEVELOPER: ENGINEER: HIGHWAY 45 IMPROVEMENTS Earthwork Asphalt (6" Full Depth) Striping Signage Traffic Control Traffic Signalization 18" Dia. CMP w /One End Section Rip Rap Type 2 Curb and Gutter Southern Colorado Medical Center, Filing No. 1 Peak View Business Campus, LLC NorthStar Engineering and Surveying, Inc. 2000 CY @ $3.00 /CY $6,000 3760 SY @ $12.90 /SY $48,504 1 LS @ $4,000.00 /LS $4,000 1 LS @ $2,500.00 /LS $2,500 1 LS @ $12,000.00 /LS $12,000 1 LS @ $100,000.00 /LS $100,000 119.5 LF @ $29.00 /LF $3,466 4.5 CY @ $50.00 /LF $225 126 LF @ $7.80 /LF $983 TOTAL HIGHWAY 45 IMPROVEMENTS $177,677 12 1216942 03/01/1998 01:16P B3118 P148 SUB AG 13 of 14 R 71.00 D 0.00 Pueblo Cty Clk 8 Rec. SUBDIVISION IMPROVEMENTS AGREEMENT 8" PVC Sewer Main 743 LF @ $22.00 /LF EXHIBIT "B" 48" Dia. Manholes 5 EA @ SUBDIVISION NAME: Southern Colorado Medical Center, Filing No. 1 DEVELOPER: Peak View Business Campus, LLC $2,700 ENGINEER: NorthStar Engineering and Surveying, Inc. OFF -SITE SANITARY SEWER (OUTFALL -A -) $3,570 21" PVC Sewer Main 3197 LF @ $36.00 /LF $115,092 18" PVC Sewer Main 410 LF @ $32.00 /LF $13,120 12" PVC Sewer Main 4029 LF @ $28.00 /LF $112,812 60" Dia. Manholes 9 EA @ $1,600.00 /EA $14,400 60" Dia. Drop Manholes 1 EA @ $1,800.00 /EA $1,800 48" Dia. Manholes 10 EA @ $1,400.00 /EA $14,000 48" Dia. Drop Manholes 1 EA @ $1,600.00 /EA $1,600 Asphalt Cut 2 EA @ $500.00 /EA $1,000 Asphalt Patch 178 SY @ $12.00 /SY $2,136 Replacement Curb and Gutter 120 LF @ $9.20 /LF $1,104 OFF -SITE SANITARY SEWER (FUTURE TUXEDO BOULEVARD 12" PVC Sewer Main 800 LF @ $28.00 /LF $22,400 10" PVC Sewer Main 805 LF @ $24.00 /LF $19,320 8" PVC Sewer Main 743 LF @ $22.00 /LF $16,346 48" Dia. Manholes 5 EA @ $1,400.00 /EA $7,000 OFF -SITE SANITARY SEWER (OUTFALL -B 8" PVC Sewer Main 1173 LF @ $22.00 /LF $25,806 10" PVC Sewer Main 408 LF @ $24.00 /LF $9,792 6" PVC Service Line 1 EA @ $765.00 /EA $765 48" Dia. Manholes 5 EA @ $1,400.00 /EA $7,000 SANITARY SEWER RECONSTRUCTION (WEST 21th STREET) 10" PVC Sewer Main 200 LF @ $24.00 /LF $4,800 Tie to Existing manhole 1 EA @ $1,000.00 /EA $1,000 Asphalt Cut 1 EA @ $500.00 /EA $500 Asphalt Patch 225 SY @ $12.00 /SY $2,700 OFFSITE REVEGETATION 1.02 A @ $3,500.00 /AC $3,570 TOTAL OFFSITE SANITARY SEWER IMPROVEMENTS $398,063 WILDHORSE ROAD Asphalt (per county requirements) 14856 SY @ $5.24 /SY $77,845 12" PVC Water Main 859 LF @ $28.67 /LF $24,628 Fire Hydrant Ass'y. 1 EA @ $1,800.00 /EA $1,800 1. Design and construction plans prepared by a licensed professional engineer and which comply with present Pueblo County standards shall be submitted to the Department of Public Works. No construction of the improvements shall occur until the plans for Wild Horse Road have been approved by the Public Works Department. 2. The construction of Wild Horse Road, including the width and depth of pavement, shall be consistent with its functional classification as a minor collector. If it can be shown that drainage will be adequately handled without curb and gutter, the rural cross section may be used. 13 I i111111111 1111111111 1111111 111i111ii111 1216942 05/01/1998 i111111i111 iii111ii 01:16P 83118 iii 111111 P149 SUB iii IN AG 14 of 14 R 71.00 D 0.00 Pueblo Ct.y Clk 8 Rec. SUBDIVISION IMPROVEMENTSAGREEMENT EXHIBIT "B" SUBDIVISION NAME: Southern Colorado Medical Center, Filing No. 1 DEVELOPER: Peak View Business Campus, LLC ENGINEER: NorthStar Engineering and Surveying, Inc. 3. The improvement of Wild Horse Road will run from the intersection at West 29th Street north to the beginning of the existing asphalt on Wild Horse Road, or alternatively, to the intersection of Parker Blvd. i Parker Blvd. is constructed between Pueblo Blvd. and Wild Horse Road, and Wild Horse Road is vacated north of Parker Blvd. No certificate of occupancy will be issued for any lot of the proposed subdivision until the improvements to Wild Horse Road are completed by the developer and are inspected and approved by Pueblo County. WILDHORSE ROAD IMPROVEMENTS $104,273 SITE GRADING 44,000 CY @ $2.00 /CY $88,000 DETENTION BASIN No. 1 Outlet Structure 1 EA @ $3,750.00 /EA $3,750 Spillway 1 EA @ $7,708.00 /EA $7,708 Revegetation 0.6 A @ $12,000.00 /AC $7,200 Trickle Channel (4'x398') 1592 SF @ $2.50 /SF $3,980 30" HDPE Pipe 103 LF @ $50.00 /LF $5,150 30" HDPE Flared End 1 EA @ $500.00 /EA $500 Rip Rap 280 CY @ $50.00 /CY $14,000 Earthwork 2400 CY @ $2.00 /CY $4,800 DETENTION BASIN No. 2 Outlet Structure 1 EA @ $5,625.00 /EA $5 Spillway 1 EA @ $12,015.00 /EA $12,015 Revegetation 1 A @ $12,000.00 /AC $12,000 Trickle Channel (4'x467') 1868 SF @ $2.50 /SF $4,670 Rip Rap 620 CY @ $50.00 /CY $31,000 Earthwork 2000 CY @ $2.00 /CY $4,000 42" CI II RCP 85 LF @ $80.00 /LF $6,800 42" Cl II RCP Flared End 1 EA @ $700.00 /EA $700 DETENTION BASIN TOTAL $123,898 GRAND TOTAL This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: A. HU FIRM: North�Sta Engineering and Surveying, Inc. REVIEWED BY: l./ L� c—�+� 14 City of Pueblo $2,261,738 D LM City of Pueblo JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT Director of Planning DATE: December 19, 1997 TO: Pueblo City Council FROM: City of Pueblo, Planning and Zoning Commission SUBJECT: CASE NO. S- 97- 31- -FINAL PLAT -- SOUTHERN COLORADO MEDICAL CENTER, FILING NO. 1 SOUTHWEST CORNER, PUEBLO BOULEVARD AND U.S. HIGHWAY 50 WEST SYNOPSIS BACKGROUND: The applicant proposes to subdivide undeveloped land to accommodate a proposed medical center and unspecified commercial development. ISSUES: Several items of concerns involving easements, drainage, roadway design and plat inclusions have been resolved to staff's satisfaction. RECOMMENDATION: The Commission recommends approval by a 6 -0 vote. GENERAL INFORMATION Applicant: Thomas C. Cone Owner of Property: Outlook Development, L.L.C. Location: Southwest Corner, Pueblo Boulevard and U.S. Highway 50 West Size: 76.152 Acres. Existing Zone: B -4 /Regional Business Zone District (See Attached ZONING /LOCATION MAP). Request: Allow Subdivision of Property. Purpose: Commercial Development. 211 E. "D" Street, P.O. Box 1427 Pueblo, Colorado 81002 -1427 (719) 543 -6006 Fax (719) 543 -0572 Pueblo City Planning Case No. 5 -97 -31 December 19, 1997 Page Two Existing Land Use: Vacant Land and Athletic Fields (See Attached SITE PHOTO). Surrounding Land Use /Zoning: Applicable Regulations: SPECIAL INFORMATION Public Utilities: NORTH - -U.S. Highway 70 West /S -1; and Vacant Land /County SOUTH -- Vacant Land /County EAST -- Vacant Land /County WEST -- Pueblo Motor Sports Park /County Minimum standards for a subdivision are contained in Section 12 -4 -7 of the City of Pueblo Code of Ordinances. -- Water: The area of the proposal is not presently serviced. The area can, however, be serviced with minimal effect on existing water pressure (61 -94 p.s.i.). Main extensions will be required within all public rights -of -way (L. Huffstutter, 11/12/97). -- Sanitary Sewer: Sanitary sewer does not exist in the area. The existing sanitary sewer into which the area under consideration would discharge could adequately accommodate any additional flow. Sanitary sewer main extensions per an approved sanitary sewer master plan will be required to serve this area. On -site and off -site easements will be needed for the main extensions (R. Morgan, 11/24/97). - -Storm Sewer: There is no existing storm sewer in the area. There is, however, surface drainage. Williams Creek borders the east edge of the subdivision. The plans and report are under review. No master drainage plan has been submitted for this ownership (R. Morgan, 11/24/97). Transportation: Existing traffic flow is "fair." The proposal may significantly affect traffic conditions. Some minor roadway details and physical connection design to Wildhorse Road needs to be resolved (D. Centa, 11/19/97). Comprehensive Area Plan: The Pueblo Regional Comprehensive Development Plan's "Land Use" Map depicts this area as a commercial and residential land use. A master plan of this area was approved by the Planning and Zoning Commission on November 12, 1997. Pueblo City Council Case No. 5 -97 -31 December 19, 1997 Page Three Other: The subdivision plat needs to be modified to include land and rights -of -way to the east boundary of their ownership. The extension of Parker Boulevard (including box culverts) to the existing Wildhorse Road will be required (R. Morgan, 11/24/97). Planning: A memorandum to the Commission from the Subdivision Review Committee dated December 4, 1997, states as follows: "This plat was submitted in accordance with City Ordinance 6192, in which public improvement plans and certain other required comments have not been provided for review. If the plat is "conditionally" approved by City Council the recording of the plat will not take place until the final improvement plans, off -site easements, covenants and subdivision improvement agreement are submitted and approved by the Director of Public Works. All plans must be submitted and approved by the Director of Public Works within one (1) year of the date of conditional approval by City Council. No building permits will be issued for any structure or building within the subdivision until all required documents have been approved by the Director of Public Works. The plat generally meets the subdivision ordinance requirements. There are some changes that need to be made on the Plat. The right -of -way for Parker Boulevard needs to be extended across the channel to Wildhorse:Road. The Drainage Plan is acceptable for this filing, but staff needs a revised Master Drainage Plan addressing the land east of the channel. Traffic needs a revised Master Traffic Study to complete their review. There are several changes in the Sanitary Sewer Plan that need to be made. The Subdivision Review Committee recommends that the plat be "conditionally" approved CONTINGENT upon the above mentioned changes being made and that the plat NOT be put on City Council's agenda until all changes have been made and approved by the Director of Public Works. ANALYSIS The applicant proposes to create a four -lot subdivision for commercial development. The property is located at the southeast corner of the intersection of U.S. Highway 50 West and Pueblo Boulevard and encompasses the former "Greater Pueblo Sports Complex" site. The plat consists of 76.152 acres and is divided into four blocks served by two proposed roadways. Access would be via Pueblo Boulevard from an extension of Tuxedo Boulevard. A medical center is proposed for one of the sites and unspecified commercial uses for the remainder. A master plan of this area has been approved by the Planning Commission. Pueblo City Council Case No. 5 -97 -31 December 19, 1997 Page Four Staff has stated that main extensions will be required in all public rights -of -way. Sanitary sewer main extensions per an approved sanitary sewer master plan and on and off -site easements will be required. The drainage plan and report are being reviewed. A master drainage plan has not been submitted. Some minor roadway details and physical connection design_ to Wildhorse Road needs to be resolved. The subdivision plat needs to be modified to include land and rights -of -way to the east boundary of their ownership. The extension of Parker Boulevard (including box culverts) to the existing Wildhorse Road will be required. No other significant issues have been identified by staff. STAFF CONCLUSION Approval of the proposal is contingent on the applicant satisfying the development concerns cited by staff. PUBLIC HEARING MINUTES (DECEMBER 10 1997, SPECIAL MEETING) Kim Kock, Northstar Engineering, appeared before the Commission to speak on this plat. He said last month the Commission heard the annexation and vacations requests on this site. He said the property has 76 acres. Southern Colorado Medical Center will construct a 140,000 square foot building. The site will also have one large commercial lot and several small retail lots. Mr. Kock said he had a copy of the Subdivision Review Committee's memorandum and most of the issues have already been addressed. He said he would be happy to answer any questions. No one else appeared to be heard. Chairman Ring made the staff report a part of the record and closed -the hearing. COMMISSION DECISION (DECEMBER 10 1997, REGULAR MEETING) Mr. Lytle, seconded by Mr. Mabie, moved to recommend approval subject to contingencies set forth in the Subdivision Review Committee's memorandum dated December 4, 1997. Motion carried 6 -0. VPM /sw ATTACHMENTS ZONING /LOCATION MAP SITE PHOTO CITY OF PUEBLO DEPARTMENT OF PLANNING & •DEVELOPMENT WC SS DA I.2 CASE: S -9 -3 EXHIBIT: ZONING /LOCATION MAP LOCATION: REQUEST:- SW CORNER PUEBLO BOULEVARD & US HIGHWAY 5 W FINAL PLAT -- SOUTHERN COLORADO MEDICAL CENTER NO. 1 Z(DUF§§Emff COLORADO hKEOXAL CEM , RUNG h6oa fl C r i r , or 1 �1r r � r = =- �,10 =Air A • Y, I" .G � i r� r � t h t 1 s 1 1 J ; i 4� 1 1 AV r � r = =- �,10 =Air A • Y, I" .G � i r� r � t h t 1 s 1 1 IIQ A A7RA1 R�QI A N iR1'f�l IIAYI� IQ .>w Aib Att er AMM A M IQ AAO A !✓A�,1f� LTA ApAlir O' ht !�/! LT 14 >'ummm!1 t1 T wMar r rl�rf LT Itw[' LOIY v JL C tgp A � ° y r vo w 1 4� 1 1 "C tt r IIQ A A7RA1 R�QI A N iR1'f�l IIAYI� IQ .>w Aib Att er AMM A M IQ AAO A !✓A�,1f� LTA ApAlir O' ht !�/! LT 14 >'ummm!1 t1 T wMar r rl�rf LT Itw[' LOIY v JL C tgp A � ° y r vo w MEMORANDUM TO: Planning and Zoning Commission FROM: Subdivision Review Committee SUBJECT: S -97 -31 SOUTHERN COLORADO MEDICAL CENTER FIL. NO. 1 DATE: December 4, 1997 This plat was submitted in accordance with City Ordinance 6192, in which public improvement plans and certain other required documents have not been provided for review. If the plat is "conditionally" approved by City Council, the recording of the plat wgl not take place until the final improvement plans, offsite easements, covenants and subdivision improvement agreement are submitted and approved by the Director of Public Works. All plans must be submitted and approved by the Director of Public Works within one (1) year of the date of conditional approval by City Council. No building permits will be issued for any structure or building within the subdivision until all required documents have been approved by the Director of Pubfic Works. The plat generally meets the subdivision ordinance requirements. There are some changes that need to be made on the Plat. The ROW for Parker Blvd. needs to be extended across the channel to Wildhorse Road. _ The Drainage Plan is acceptable for this filing, but staff needs a revised Master Drainage Plan addressing the land east of the channel. Traffic needs a revised Master Traffic Study to complete their review. There are several changes in the Sanitary Sewer Plan that need to be made. The Subdivision Review Committee recommends that the plat be 'conditionally" approved CONTINGENT upon the above mentioned changes being made and that the plat NOT be put on City Council's agenda until all changes have been made and approved by the Director of Public Works. xc: NorthStar Engineering & Surveying, Inc. 111 East 5th St. Pueblo, CO 81002 Outlook Development, LLC 511 West 29 St Pueblo, CO 81008 1 IIIII I1111 iii IIIII IIII IN 1216944 05/01/1998 01:16P 83118 P153 EASE 1 of 2 R 11.00 Q 0.00 Pueblo Cty Clk & Rec. EASEMENT AND RIGHT -OF -WAY THIS EASEMENT, granted this day of 4 _ 19 `Ati , by LARRY AND NORAH PORTER, 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, an easement and right -of -way for the purpose of sanitary sewer outfall 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 warrant to GRANTEE that GRANTORS (a) have good and sufficient right and title in and to the property and full power to grant this easement and right -of -way, and (b) will defend GRANTEE'S quiet and peaceful possession of the easement and right -of -way against all persons who may lawfully claim title to the property. "GRANTEE" shall include the plural and the feminine. This easement and right -of -way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the GRANTORS and GRANTEE. SIGNED this —A day of _ t_ . , 19 14 GRANTORS: r f , ary orter By Norah Porter COUNTY OF ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me in -- TA�k(,610 County, Colorado this Gl day of (\ 7 , 19a by Larry Porter and Norah Porter. Witness my hand and official seal. 4 ;;RA �, , My commission expires: 1 a � • o / �4 A0TAr� . PUB tary Public 9507306.1034 11111111111 IIIII 11111111111 IIIII 111111 Ill 111111111 III 1216944 05/01/1998 01:16P B3118 P154 EASE 2 of 2 R 11.00 D 0.00 Pueblo Cty Clk & Rec. EXHIBIT A SANITARY SEWER OUTFALL (20 foot R.O.W.): An easement through a portion of the SW1 /4 of the SE1 /4 of the NE1 /4 of Section 22, Township 20 South, Range 65 West of the 6 th P.M., being 20 feet in width, 10 feet on each side of the following described centerline: Commencing at the Southwest corner of the said SE1 /4 of the NEI /4; thence Northerly, along the West line of said SE1 /4 of the NE1 /4, a distance of 33.87 feet, more or less to the centerline of the proposed sanitary sewer and the True Point of Beginning of the easement centerline herein described; thence Southeasterly, along said sewer centerline, a distance of 44.61 feet, more or less to a point on the South line of the said SE1 /4 of the NE1/4, said point lying 28.95 feet, more or less, Easterly of the said Southwest corner of the SE1 /4 of the NE1 /4 and the Point of Terminus of the said easement centerline. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, CO 81003 December 29, 1997 JN 95 073 06 9507306.1035 EASEMENT AND RIGHT -OF -WAY .�G THIS EASEMENT, granted this Za day of 19 , by the EMA RUBERSON BAMBER REVOCABLE TRUST, 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, an easement and right -of -way for the purpose of sanitary sewer outfall 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 -6- day of bc« k--Li. ✓ ' 19 - S - 7 . GRANTOR: EMA RUBERSON BAMBER REVOCABLE TRUST COUNTY OF ACCU6 ) ) ss. STATE OF COLORADO ) B y Elaine R. Hayes (formerl laine R. Williams), Trustee By B G. Ruberson, T stee The foregoing instrument was acknowledged before me in P CAZ h & __ County, Colorado this 1 day of j)(20 6 E- N , 1911 by Elaine R. Hayes (formerly Elaine R. Williams) and Bryan G. Ruberson, Trustees of the EMA RUBERSON BAMBER REVOCABLE TRUST. Witness my hand and official seal. My commission expires: �-? ' �( " C - 2 DC � ary Public Q• _�• 140T 0 % o% T-" r A ' PU B c � � 1 111111 IIIII IIIII IIIII 111111 IIIII 111111 III IIIII IIII III 1216943 05/01/1998 01:16P 83118 P150 EASE 9507306.1026 1 of 3 R 16.00 D 0.00 Pueblo Cty Clk & Rec. 111111111111111111111 1216943 05/01/1998 01 2 of 3 R 16.00 D 0.00 111111111111111 111111111 1111 16P 83118 P151 EASE Pueblo Cty Clk & Rec. EXHIBIT A SANITARY SEWER OUTFALL (20 foot R.O.W.): An easement through a portion of the E1 /2 of the NW1 /4 and the SW1 /4 of the NE1 /4 of Section 22, Township 20 South, Range 65 West of the 6 th P.M., being 20 feet in width, 10 feet on each side of the following described centerline: Commencing at the N1 /4 corner of said Section 22; thence Westerly, along the North line of the said E1 /2 of the NW1 /4, a distance of 20.00 feet to the True Point of Beginning of the easement centerline herein described; thence Southerly, along a line lying 20 feet Westerly of and parallel to the East line of the said NW1 /4, a distance of 1690.11 feet; thence Southeasterly the following six (6) courses: 1. at a deflection angle to the left of 72'20'17", a distance of 20.94 feet, more or less to the said East line of the NWI /4; 2. continuing along last mentioned course, a distance of 689.06 feet; 3. at a deflection angle to the right of 60 °44'47 ", a distance of 240.00 feet; 4. at a deflection angle to the left of 37 °26'22 ", a distance of 350.00 feet; 5. at a deflection angle to the left of 06 1 28'32 ", a distance of 400.00 feet; 6. at a deflection angle to the right of 14'53'14", a distance of 12.66 feet, more or less to the East line of the said SWl /4 of the NE1 /4 and the Point of Terminus. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, CO 81003 February 12, 1998 JN 95 073 06 9507306.1027 1111111 HIM 111111111111111111111111111111111111111 IN 1216943 05/01/1998 01:16P B3118 P152 EAS 3 of 3 R 16.00 D 0.00 Pueblo C!y Clk & Rec. I f S i z C ' I � i � ' 1 � I � \ 1 j 4 I I !t 1690.11 � m i y f} K � 7i ! t m' x = t co