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HomeMy WebLinkAbout06299Reception 1232199 08/04/1998 ORDINANCE NO. 6299 AN ORDINANCE APPROVING THE PLAT OF RAMADA INN SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Ramada Inn Subdivision, being a subdivision of land described as: That parcel of land described in that Special Warranty Deed filed for record August 11, 1994 in Book 2750 at Pages 387 -388 in the records of the Pueblo County Clerk and Recorder which reads as follows: All of Parcel "E", Belmont Twentieth Filing, except the following parcel: Beginning at the southeast corner of said parcel "E", thence N 89'46'W along the south line of said parcel "E", a distance of 391.02 feet, thence N 00'13' W. And parallel with the west line of said parcel "E ", a distance of 200.00 feet, thence S 89'46'E and parallel with the south line of said parcel "E ", a distance of 282.93 feet, to a point on the westerly line of Hudson Avenue, thence southeasterly along the said westerly line of Hudson Avenue on the are of a curve to the right, whose radius is 237.13 feet, a distance of 239.13 feet to the point of beginning, 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 1111111111111111111111111111 IN 1111111111111111111 IN 1232199 08/04/1998 09:15A ORD Chris C. Munoz 2 of 2 R 11.00 D 0.00 Pueblo C!y Clk & Roc. any duty or obligation of any person, firm, corporation or other entity with regard to the enforce- ment or nonenforcement of this ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this ordinance or in the City's subdivision ordinances and regulations shall create or be ' construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. SECTION 4. This ordinance shall be approved upon final passage but shall not become effective until (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the 1971 Code of Ordinances meeting and complying with the subdivision require- ments of the City have been filed with and approved by the Director of Public Works, and (b) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant to Section 12 -4 -5 (B) (2) of the 1971 Code of Ordinances, and are not for any reason filed and approved.within one (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance or the final subdivision plat becomes effective. INTRODUCED February 23, 1998 By Al Gurule Councilmember APPROVED &�__ President o e C uncil 2/10/98 Reception 1232201 08/04/1998 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on , —L 22 , 119b --.-, between the CITY OF PUEBLO, a Municipal Corporation (" ity "), and Joseph J and Barbara wo jdvla ( "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 Ramada Inn 5t4 6di11isi0A1 ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the 1971 Code of Ordinances, and WHEREAS, Subdivider is required by Section 12 -4 -7 (J) of the 1971 Code of Ordinances of the City to construct and install certain public improvements generally described in attached Exhibit "B" and shown on approved construction plans and documents on file at the office of the City's Director of Public Works ( "Required Public Improvements'); and WHEREAS, by Chapter 4, Title XII of the 1971 Code of Ordinances, Subdivider is obligated to provide security or collateral sufficient in the judgement of the City Council to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and subdivider agree as follows: 1. Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time DPW 2/18/98 1 1111111111111111111111111 IN 1111111 III 1232201 08/04/1998 09:16A AGREE Chris C. Muno: 2 of 8 R 41.00 D 0.00 Pueblo Cty Clk 8 Roe. 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 (' /s) 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 1111111111111111111111111111 IN 111111111111111 IN 1111 1232201 08/04/1998 09:15A AGREE Chris C. Muno: 3 of 8 R 41.00 0 0.00 Pueblo C!y Clk 8 Rec. 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 124-7 (1) 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 1111111111111111111111111111111111111 IN 1111111 111111111111 IN 1232201 08/04/1998 09:15A AGREE Chris C. Muno: 4 of 8 R 41.00 D 0.00 Pueblo C!y Clk & Rae. 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 .. 1 111111 II1111111111111111111111111111111111111111 1232201 08/04/1998 09:13A AGREE Chris C. Mul 5 of 8 R 41.00 D 0.00 Pueblo C!y Clk & Roe . 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. \ %gItIII Hf/ `\\\\0 gw 0TARy�. (SEALA UB LAG STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was by N-) asp Ch d U30 Ict T� - TT U before me on 'm') W10 Oki 1 , Subdivider. My commission expires: �i4 AY �►►. r `�i M/ 4 City Clerk STATE OF COLORADO ) ss. COUNTY OF COLORADO ) Lo I (-7 19" C� Notary Public CITY OF PUEBLO, a Munici Corporation By: &�I President oft ouncil DPW 2/18/98 5 1111111111111111111111111111111111 IN 11111111111111111111111 1232201 08/04/1998 09:15A AGREE Chris C. Mul 6 of 8 R 41.00 D 0.00 Pueblo Cty Clk & Ree. The foregoing instrument was acknowledged before me on August 4 , 1998 , by Cathy A. Garcia , as President of City Council, and Lorene M. Santi Stevan as Acti ng M City Clerk of the City of Pueblo, Colorado. NlI� commission expires: 6162(v 171 < l �3 U3 LN ►Q.D AS TO FORM: City Attorn Public DPW 2/18/98 6 11111111111111111111111111111111 IN 1111111 11111111 IN 1111 1232201 08/04/1998 09:15A AGREE Chris C. Munoz 7 of 8 R 41.00 D 0.00 Pueblo Cty Clk 8 Roe. SUBDIVISION IMPROVEMENTS AGREEMENT F.XHMIT A That parcel of land described in that Special Warranty Deed filed for record August 11, 1994 in Book 2750 at Pages 3 87-3 89 in the records of the Pueblo County Clerk and Recorder, which reads as follows: All of Parcel "E ", Belmont Twentieth Filing, Except the following parcel: Beginning at the southeast corner of said parcel "E "; thence N. 89° 46' W. along the south line of said parcel "E", a distance of 391.02 feet; Thence N. 00° 13' W., and parallel with the west line of said parcel `B ', A distance of 200.00 feet; thence S. 89° 46' E And parallel with the south line of said parcel "E ", a distance of 282.93 feet, to a point on the westerly line of Hudson Avenue; thence southeasterly along the said westerly line of Hudson Avenue on the arc of a curve to the right, whose radius is 237.13 feet, a distance of 238.13 feet to the point of beginning TOTAL PARCEL CONTAINS 6.98 Acres more or less. 1 IN 1111111111111111111 IN 1232201 08/04/1998 09:15A AGREE Chris C. Munoz 8 of 8 R 41.00 D 0.00 Pueblo C!y Clk 8 Roc. Subdivision Improvement Agreement Exhibit "B" Joseph and Barbra Wojdylas Ramada Inn Mangini & Associates, Inc. Job Number 97- 080 -00 Improvements 1 4" thick conc. sidewalk 60 SF $2.50 $150 2 Remove curb & gutter 5 LF $3.00 $15 3 Replace curb & gutter 5 LF $7.80 $39 4 Construct 4' conc. pan (Double Gutter) 555 LF $3.80 $2,109 5 Construct 8' conc. pan (Double Gutter) 130 LF $3.80 $494 6 SS Service Lines 60' ROW 1 EA $575.00 $575 7 H2O Service Lines 60' ROW I EA $480.00 $480 8 15" storm sewer pipe 23 LF $27.00 $621 9 Concrete Chase 1 EA $2,600.00 $2,600 10 Sidewalk Drain 1 EA $210.00 $210 it Type 2 outlet 1 EA $3,000.00 $3,000 12 Retaining wall 1 EA $7,000.00 $7.000 13 Manhole Adjustment 1 EA $250.00 $250 14 Trickel Channel 239 LF $14.50 $3,466 SUB -TOTAL $21,009 Miscellaneous Contingencies @ 15% $3,151 GRAND TOTAL Prepared By: Brian Boughton Checked By: Charlie DiDomenico Firm: Mangini & Associates Reviewed By: $24,160 Date: 5/26/98 Date: 5/26/98 Date: ? City of Pueblo Reception 1232202 08/04/1998 THIS DEED Made this 6th day of March in the year of our Lord one thousand nine hundred and ninety eight between THE STAR - JOURNAL PUBLISHING CORPORATION, a Colorado corporation of the City of Pueblo County of Pueblo State of Colorado, grantor(s) and the City of Pueblo whose legal address is City Hall of the City of Pueblo County of Pueblo, State of Colorado, grantee(s): WITNESSETH, That the grantor(s), for and in consideration of the sum of Ten Dollars and other good and valuable consideration to the said party of the first part in hand paid by the said part of the second part, the receipt whereof is hereby confessed and acknowledged, have remised, released sold, conveyed and QUIT CLAIMED, and by these presents do hereby remise, release, sell, convey, and QUIT CLAIM unto the said party of the second part, their Heirs, successor and assigns forever all the right, title, interest, claim and demand which the said party of the first part have in and to the following described property, together with improvements, in any, situate, lying and being in the City of Pueblo, County of Pueblo and State of Colorado, to- wit: (See Attached "Exhibit A ") TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and clai r, •<<$atsoever, of the said party of the second parr, their heirs and assigns forever. M WITNESS WHEREOF, The said parry of the first part have hereunto set hand and seal the day and year first above written. THE STAR--JQURNAL- PUB ISHING CORPORATIA resident I STATE OF COLORADO) ) S.S. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this � day of AW4 > 19 A.D. by Robert H. Rawlings, President of The Star - Journal Publishing Corporation, a Colorado corporation. My Commission Expires: �) S A N D R A Y ALO TZ i N OTARY 1 ST ATE OF • •'•D• Witness my hand and official seal ,1, ' ��,Jt NOTARY PUBLIC ADDRESS: EXHIBIT A DRAINACE EASEMENT A drainage easement located within a portion of the SW 114 of the NE 114 of Section 30, Township 20 South, Range 64 West of the 6th Principal Meridian, being more particularly described as follows: BEGINNING at the southwest corner of parcel E; Belmont Twentieth Filing according to the Special Warranty Deed filed for record August 11, 1994 in Book 2750 at Pages 387 -388 in the records of the Pueblo County Clerk and Recorder, thence S 89'4051 E along the south line of said parcel E", a distance of 20.00 feet, thence S 00'07'49 "E, a distance of 100.00 feet to a point on the northerly right —of —way line of 18th Street, thence • 89'40 51 "W along said northerly right —of —way line, a distance of 20.00 feet, thence • 00'0749"W, c distance of 100.00 feet to the POINT OF BEGINNING. m Z E� H o PARCEL E co W W BELMONT TWENTIETH FILING L4- Q) o ;o 2 o Storm Drainage C3 Detention Easement C14 - t) c — — -- - - - -- - - - -- — — — — — — — — 20.00 S 89'40'51 "E 272.35 20' Utility Easement o ! o 18th Street O o R=387.2 o N o w C ' 0 6 1 SQ. 32 a 1 g o W 1 qj I h 01 . ' 1):r- BOOK 2109 Z o ° 53 6 PAGE 762 p o ° o P it (CONTAINS 14315.7933 SQ. FT.) Z 0.00 "I _ N 89'40'51 " W� 35.57' \ \\ F SCALE 1"- 50' 111111 VIII VIII 11111111111 illil lillll III illll IIII Iill 1232202 08/04/1998 09:15A QUIT Chris C. Munoz NAYLOR, JOHN 2 of 2 R 11.00 D 0.00 Pueblo C! Clk & Ree. JN 97- 080 -00 LOT LAYOUT & $ 97080SK2.DWG/RMS Pmfaafionol land swvayan 6J1 laka Ava. — Pwdo CO Reception 1232203 08/04/1998 THIS DEED Made this 6th day of March in the year of our Lord one thousand nine hundred and ninety eight between COLORADO STATE FAIR AUTHORITY, a subdivision of the state of Colorado of the City of Pueblo County of Pueblo State of Colorado, grantor(s) and the City of Pueblo whose legal address is City Hall of the City of Pueblo County of Pueblo, State of Colorado, grantee(s): WITNES SETH, That the grantor(s), for and in consideration of the sum of Ten Dollars and other good and valuable consideration to the said party of the first part in hand paid by the said part of the second part, the receipt whereof is hereby confessed and acknowledged, have remised, released sold, conveyed and QUIT CLAIMED, and by these presents do hereby remise, release, sell, convey, and QUIT CLAIM unto the said party of the second part, their heirs, successor and assigns forever all the right, title, interest, claim and demand which the said party of the first part have in and to the following described property, together with improvements, in any, situate, lying and being in the City of Pueblo, County of Pueblo and State of Colorado, to- wit: (See Attached "Exhibit A ") TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the second part, their heirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part have hereunto set hand and seal the day and year first above written. COLORADO STATE FAIR STATE OF COLORADO) ) S.S. COUNTY OF PUEBLO ) AUTHORITY B "�. de a3 �- a- .r A -K c ca 6 r The foregoing instrument was acknowledged before me this /tr day of 19 98 A.D. by as Chap of COLORADO STATE FAIR AUTHORITY. My Commission Expires: ��q, Witness my hand and official seal NOTARY PUBLIC ADDRESS:f� .4 i.. jE- EXHIBIT A DRAINAGE EASEMENT 0 2 2 W m 0 ti 2 0 a A drainage easement located within a portion of the SW 114 of the NE 114 of Section 30, Township 20 South, Range 64 West of the 6th Principal Meridian, being more particularly described as follows: BEGINNING at the southwest corner of parcel EE'; Belmont Twentieth Filing according to the Special Warranty Deed filed for record August 11, 1994 in Book 2750 at Pages 387 -388 in the records of the Pueblo County Clerk and Recorder, thence S 89'4051 'E along the south line of said parcel a distance of 20.00 feet; thence S 00'07'49 ° E, a distance of 100.00 feet to a point on the northerly right —of —way line of 18th Street, thence N 89'40'51"W along said northerly right —of —way line, a distance of 20.00 feet; thence N 00'0749 "W, a distance of 100.00 feet to the POINT OF BEGINNING. c m Q) E i FQ) , En O L2 �o I o Storm Drainage o° Detention Easement N� o I 20.00( S 89'40'51 "E PARCEL E BELMONT TWENTIETH FILING I I 272.35 20' Utility Easement o �o , E 8-387. T PiN S fl 1 1 9" 0) W ! 0) GoN 6 37' 32 � � .�U BOOK 2109 O o Q 6 PAGE 762 0 o o Pl� (CONTAINS 14315.7933 SQ. FT.) O o cn Z 0.00' _ N 89'40'51 "W 35.57' \\ F NAYLOR, JOHN JN 97- 080 -00 LOT LAYOUT 97G80SK2. DWG1 N SCALE 1 50' W 18th Street N O O 9 1111111 IN 1232203 08/04/1998 09:15A QUIT Chris C. Hunan 2 of 2 R 11.00 D 0.00 Pueblo C!y Clk 8 Roe. .AK0#&V i & d"*OW44 f*G- rMf -"-1 U d Surv.yon 631 Lain A". — pu.blo. CO Reception 1232204 08/04/1998 THIS DEED Made this 6th day of March in the year of our Lord one thousand nine hundred and ninety eight between SANGRE DE CRISTO ARTS AND CONFERENCE CENTER, INC. of the Cite of Pueblo County of Pueblo State of Colorado, grantor(s) and the City of Pueblo whose legal address is City Hall of the Citv_ of Pueblo County of Pueblo, State of Colorado, grantee(s): WITNESSETH, That the grantor(s), for and in consideration of the sum of Ten Dollars and other good and valuable consideration to the said party of the first part in hand paid by the said part of the second part, the receipt whereof is hereby confessed and acknowledged, have remised, released sold, conveyed and QUIT CLAIMED. and by these presents do hereby remise, release, sell, convey, and QUIT CLAIM unto the said party of the second part, their heirs, successor and assigns forever all the right, title, interest, claim and demand which the said party of the first part have in and to the following described property, together with improvements, in any, situate, lying and being in the City of Pueblo, County of Pueblo and State of Colorado, to- wit: (See Attached "Exhibit A ") TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the second part, their heirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part have hereunto set hand and seal the day and year first above written. SANGRE DE CRISTO ARTS AND CONFERENCE CENTER, INC. Chair, Board of Trustees STATE OF COLORADO) ) S.S. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this L da of AID r, _ 19 98 A.D. by C . as of SANGRE DE CRISTO ARTS AND CONFERENCE CENTER, INC. My Commission Expires: �— q �� �- Witness my hand and officiseal NOTARY PUBLIC ADDRESS: � �yr F'. -+ � fir' •• J � � N EXHIBIT A DRAINAGE EASEMENT c� 2 2 Z W m 0 A drainage easement located within a portion of the SW 114 of the NE 114 of Section 30, Township 20 South, Range 64 West of the 6th Principal Meridian, being more particularly described as follows: BEGINNING at the southwest corner of parcel "E" Belmont Twentieth Filing according to the Special Warranty Deed filed for record August 11, 1994 in Book 2750 at Pages 387 -388 in the records of the Pueblo County Clerk and Recorder, thence S 89'4051"E along the south line of said parcel E, a distance of 20.00 feet, thence S 00'07'49'E a distance of 100.00 feet to a point on the northerly right —of —way line of 18th Street; thence N 89'40 51 'W along said northerly right —of —way line, a distance of 20.00 feet; thence N 00'0749 "W, a distance of 100.00 feet to the POINT OF BEGINNING. PARCEL E BELMONT TWENTIETH FILING 0 N o — — — — — — — — — — — 20.00;' S 89'40'51 "E 272.35 � m Q ) � o L 2 4j �o C o Storm Drainage p` Detention Easement 0 O o O o ° w A � 6 ti N o 0 o 0 o 2 12 0. 'I N 89'40 35.5; NAYLOR, JOHN JN 97- 080 -00 LOT LAYOUT 97080SK2.OWGI I 20' Utility Easement �387-; coN�6�1 SQ. 3 1 9N °, � •�° 0 - 37. BOOK 2109 10 11- 25 3 6g PAGE 762 P� (CONTAINS 14315.7933 SQ. FT.) \\ F 18th Street ;V O O� O z SCLE 1"- 50' 1 11111111111111111 11 1111111111111 11111 1 11111111 1111 IN 1232204 08/04/1998 09:15A QUIT Chris C. Munoz 2 of 2 R 11.00 D 0.00 Pueblo Cty Clk 8 Roo. P.vlLasianol . — S W*. C en pow nw. — PwWO, co _ Reception 1232205 08/04/1998 THIS DEED Made this 6th day of March in the year of our Lord one thousand nine hundred and ninety eight between UNIVERSITY OF SOUTHERN COLORADO FOUNDATION of the Citv of Pueblo County of Pueblo State of Colorado, grantor(s) and the City of Pueblo whose legal address is City Hall of the City Pueblo County of Pueblo, State of Colorado, grantee(s): WITNESSETH, That the grantor(s), for and in consideration of the sum of Ten Dollars and other good and valuable consideration to the said party of the first part in hand paid by the said part of the second part, the receipt whereof is hereby confessed and acknowledged, have remised, released sold, conveyed and QUIT CLAIMED, and by these presents do hereby remise, release, sell, convey, and QUIT CLAIM unto the said party of the second part, their heirs, successor and assigns forever all the right, title, interest, claim and demand which the said party of the first part have in and to the following described property, together with improvements, in any, situate, lying and being in the City of Pueblo, County of Pueblo and State of Colorado, to- wit: (See Attached "Exhibit A ") TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of tie said party of the second part, their heirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part have hereunto set hand and seal the day and year first above written. UNIVERSITY OF SOUTHERN COLORADO FOUNDATION B /� eA- ice President STATE OF COLORADO) ) S.S. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this --,,- ,, day of lQ a -1 � 19 98 A.D. by Bret Kelly as Vic President of UNIVERSITY OF SOUTHERN COLORADO FOUNDATION. My Conunission Expires: 1 Witness my hand and official seal NOTARY PUBLIC ADDRESS: /'. U M EXHIBIT A DRAINAGE EASEMENT A drainage easement located within a portion of the SW 114 of the NE 114 of Section 30, Township 20 South, Range 64 West of the 6th Principal Meridian, being more particularly described as follows: BEGINNING at the southwest corner of parcel E ", Belmont Twentieth Filing according to the Special Warranty Deed filed for record August 11, 1994 in Book 2750 at Pages 387 -388 in the records of the Pueblo County Clerk and Recorder, thence S 89'40'51" along the south line of said parcel E, a distance of 20.00 feet, thence S 00'07'49 "E, c distance of 100.00 feet to a point on the northerly right -of -way line of 18th Street, thence • 89'40 51 "W along said northerly right -of -way line, a distance of 20.00 feet, thence • 00'0749 "W, a distance of 100.00 feet to the POINT OF BEGINNING. PARCEL E BELMONT TWENTIETH FILING i Storm Drainage Detention Easement -- — — — — — — — — — — --f S 89'40'51 "E 272.35 20' Utility Easement O O t o C) o o l W i Ns a 9" R387.2 (3) � O 1114- G 6� 5 3', 32 , , o °� X0 69 ' 0' BOOK 2109 O c ;o 3 PAGE 762 p o o P�2� (CONTAINS 14315.7933 SQ. FT.) Z 0.00'i N 89'40'51 V 35.57' NAYLOR, JOHN JN 97- 080 -00 LOT LAYOUT 97080SK2. DWG7 SCALE 1 " 50' 4i 18th Street o O � E: 1 111111 1111111111 VIII 11I1111111111111I III VIII II III 1232205 08/04/1998 09:15A QUIT Chris C. Munoz 2 of 2 R 11.00 D 0.00 Pueblo C!y Clk 8 Rea. & .ld"00"4 9..a Pmf -'—1 L d 5urrlyon 6Ji Low Aw. — Pu�bb. CO c 2 a� �y LU Ll o m WW 0 �QI 2 z'o 0 o O �O N� c - — — o 20.001 PARCEL E BELMONT TWENTIETH FILING i Storm Drainage Detention Easement -- — — — — — — — — — — --f S 89'40'51 "E 272.35 20' Utility Easement O O t o C) o o l W i Ns a 9" R387.2 (3) � O 1114- G 6� 5 3', 32 , , o °� X0 69 ' 0' BOOK 2109 O c ;o 3 PAGE 762 p o o P�2� (CONTAINS 14315.7933 SQ. FT.) Z 0.00'i N 89'40'51 V 35.57' NAYLOR, JOHN JN 97- 080 -00 LOT LAYOUT 97080SK2. DWG7 SCALE 1 " 50' 4i 18th Street o O � E: 1 111111 1111111111 VIII 11I1111111111111I III VIII II III 1232205 08/04/1998 09:15A QUIT Chris C. Munoz 2 of 2 R 11.00 D 0.00 Pueblo C!y Clk 8 Rea. & .ld"00"4 9..a Pmf -'—1 L d 5urrlyon 6Ji Low Aw. — Pu�bb. CO