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HomeMy WebLinkAbout06408Reception 1271387 04/02/1999 ORDINANCE NO. 6408 AN ORDINANCE APPROVING THE PLAT OF EL CAMINO SUBDIVISION, 9TH FILING BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of El Camino Subdivision, 9th Filing, being a subdivision of land legally described as: A portion of Parcel A, as platted in El Camino Subdivision, 7th Filing, according to the recorded plat thereof, filed for record July 19, 1988, and A portion of the NE 1/4 of the NW 1/4 of Section 21, Township 21, South, Range 65 West of the 6th P.M. in the County of Pueblo, State of Colorado and all being more particularly described as follows: Considering the East line of the NW 1/4 of Section 21, Township 21 South, Range 65 West of the 6th P.M. to bear N.00 °36'16" E. and all bearings contained herein being relative thereto. Beginning at the Northwest corner of the said NE 1/4 of the NW 1/4; thence S.89 °12'30" E., along the North line of said NE 1/4 of the NW 1/4, a distance of 1066.62 feet to the Northwest corner of lot 1, Block 39, in said El Camino Subdivision, 7th Filing; thence S.00 °47'30" W., along the West line of said Lot 1, a distance of 120.00 feet to the North right -of -way line of Altadena Drive, as platted in El Camino Subdivision, Filing No. 7A, according to the recorded plat thereof, filed for record April 23, 1992; thence along the boundary of said Filing No. 7A the following two (2) courses: 1. N.89 0 12'30 "W., a distance of 10.00 feet; 2. S 00 °47'30 "W., a distance of 180.00 feet; Thence N.89 °12'30 "W., a distance of 395.00 feet; thence S.00 °47'30" W., a distance of 438.99 feet; thence N.89 °29'07 "W., a distance of 658.04 feet to the West line of the said NE 1/4 of the NW 1/4; thence N.00 °30'53" E., along said West line, a distance of 742.18 feet to the point of beginning, containing 13.966 acres, is hereby approved, and all dedicated streets, utility and drainage easements, rights -of -way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. 1 1271387 04/02/1999 10:22A ORD Chris C. Munoz SECTION 2. 2 of 3 R 16.00 D 0.00 Pueblo Cty Clk 8 Rec. 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 subdivision plat becomes effective. 1 1271387 04/02/1999 10:22A ORD Chris C. Munoz 3 of 3 R 16.00 D 0.00 Pueblo Cty Clk 8 Rec. *g � a . c.ot0 o , ATTES',K ty Clerk INTRODUCED February 8, 1999 By Rich Golenda C ncilmember APPROVED � resident of the Council 1/29/99 Reception 1271389 04/02/1999 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on �A&9 -.GA l'1 , ��3 °�� , between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and HORIZON COMMUNITIES, INC., a Colorado Corporation ( "Subdivider ") RECITALS: WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit "A "; and WHEREAS, the Subdivider, as a condition of approval of the final plat of EL CAMINO SUBDIVISION, 9TH FILING ( "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 11111111111 1271389 11111 1111111 1111 111111 1111/ 04/02/1999 10:22A SUB III 11111 AG Chris 1111 1111 C. Munoz 2 of 11 R 36.00 D 0.00 Pueblo Cty Clk 8 Roc. to complete ail 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 (' /z) 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 a lien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. DPW 2/18/98 2 1111111111111111111111111111111111 HE 1111111111111111 1271389 04/02/1999 10:22A SUB AG Chris C. Munoz 3 of 11 R 96.00 D 0.00 Pueblo Cty Clk & Roe. 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, constriction, 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 11111111111111111 1389 HIM 1111111111 04/02/1999 10:22A SUB HE 1111111111111111 AG Chris C. Munoz 4 of 31 R 56.00 D 0.00 Pueblo Cty 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 1111111111111111111111111111111111111111111111111111111111111 IN 1271389 04/02/1999 10:22A SUB AG Chris C. Munoz g of 11 R 36.00 D 0.00 Pueblo Cty Clk 8 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. HORIZON COMMUNITIES, INC., a Colorado Corporation Subdivider (SEAL) By: Edward L. R hinsnn. riglent By: . Rnhert W. Teach. Vice President STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on �A A - A - b Edward L. Robinson, President and Robert W. Leach, Vice President of HORIZON COMMUNITIES, INC., a Colorado Corporation , Subdivider. P M Tip 9 or �ypTA/�y �, —•— o 7 ; us CO sion expires: 111 <9 l -- 21 ►dfswvwnt . LN Ru 15q.-A-D, 60 LUP00 0 C Yq lLq 47/108002 P COLORADO ) COUNTY OF COLORADO ) M. ss. DPW 2/18/98 5 ov4m 4 N I W�� Notary Public Y OF PUEBL cipal Corporation lC ident of the Council 11111111111111111 1111111 IIII 111111 11111 iii 11111 1111 1111 1271389 04/02/1999 10:22A SUB AG Chris C. Munoz 6 of 11 R 56.00 D 0.00 Pueblo C!y Clk & Rae. The foregoing instrument was acknowledged before me on March 25 1999 by Corinne Koehler , as President of City Council, and Gina Dutcher as City Clerk of the City of Pueblo, Colorado. l A _f commission expires: 8 -21 -99 • J*� t pTA'f Notary Public OVED AS TO FORM: } City Attorney DPW 2/18/98 1 111111 1111111111 1111111 1111111111 HE i IN 1271389 04/02/1999 10:22A SUB AG Chris C. Munoz 7 of 11 R 56.00 0 0.00 Pueblo Cty Clk 8 Rec. SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT A A portion of Parcel A, as platted in El Camino Subdivision, 7 th Filing, according to the recorded plat thereof, filed for record July 19, 1988 _►I A portion of the NE1 /4 of the NW1 /4 of Section 21, Township 21 South, Range 65 West of the 6 th P.M. in the County of Pueblo, State of Colorado and all being more particularly described as follows: Considering the East line of the NW1 /4 of Section 21, Township 21 South, Range 65 West of the 6 th P.M. to bear N.00 0 36'16 "E. and all bearings contained herein being relative thereto. Beginning at the Northwest corner of the said NE1 /4 of the NW1 /4; thence S.89 0 12'30 "E., along the North line of said NE1 /4 of the NW1 /4, a distance of 1066.62 feet to the Northwest corner of Lot 1, Block 39 in said El Camino Subdivision, 7 th Filing; thence S.00 along the West line of said Lot 1, a distance of 120.00 feet to the North right -of -way line of Altadena Drive, as platted in El Camino Subdivision, Filing No. 7A, according to the recorded plat thereof, filed for record April 23, 1992; thence along the boundary of said Filing No. 7A the following two (2) courses: 1. N.89 0 12'30 "W., a distance of 10.00 feet; 2. S.00 0 47'30 "W., a distance of 180.00 feet; thence N.89 0 12'30 "W., a distance of 395.00 feet; thence S.00 0 47'30 "W., a distance of 438.99 feet; thence N.89 a distance of 658.04 feet to the West line of the said NE1 /4 of the NW1 /4; thence N.00 0 30'53 "E., along said West line, a distance of 742.18 feet to the Point of Beginning. Containing 13.966 acres. 7 I 111111111111111111111111111111111111111111 1271389 04/02/1999 10:22A SUB AG Chris IN C. Munoz 8 of 11 R 56.00 D 0.00 Pueblo C!y Clk & Rae. SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EL CAMINO SUBDIVISION 9TH FILING DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. STREETS (ALTADENA DRIVE Asphalt (3" Asphalt on 8" Base) 3217 SY @ $16.80 /SY $54,046 Asphalt (3" Asphalt on 6" Base) 1687 SY @ $15.00 /SY $25,305 Curb and Gutter 2429 LF @ $10.00 /LF $24,290 Cross Pan 269 SF @ $3.80 /SF $1,022 Square Pan 156 SF @ $4.25 /SF $663 Remove Curb and Gutter it LF @ $1.00 /LF $11 Replace 4' Sidewalk 43 SF @ $2.50 /SF $108 WATER PVC Water Main 1340 LF @ $33.28 /LF $44,595 Fire Hydrant Ass'y. 3 EA @ $1,800.00 /EA $5,400 Services 28 EA @ $480.00 /EA $13,440 Water Line Lowering 1 EA @ $3,000.00 /EA $3,000 SANITARY SEWER: 1 EA @ $3,400.00 /EA $3,400 8" PVC Sewer Main 1219 LF @ $28.00 /LF $34,132 48" Manholes 5 EA @ $2,100.00 /EA $10,500 Services 28 EA @ $750.00 /EA $21,000 STORM SEWER 30" HDPE Pipe 511 LF @ $60.00 /LF $30,660 36" HDPE Pipe 327 LF @ $66.00 /LF $21,582 15" HDPE Pipe 83 LF @ $30.00 /LF' $2,490 Type "S" Inlet L =6' 3 EA @ $2,800.00 /EA $8,400 Type "S" Inlet L =8' 1 EA @ $3,400.00 /EA $3,400 Type I- B Manhole 4 EA @ $2,000.00 /EA $8,000 STREET LIGHTS 5 EA @ $1,300.00 /EA $6,500 MONUMENT BOX 5 EA @ $575.00 /EA $2,875 ALTADENA DRIVE $321,419 8 1111111111111111111111111111111111111111111111111111111111111 1271389 04/02/1999 10:22A SUB AG Chris C. Munoz 9 of 11 R 56.00 D 0.00 Pueblo C!y Clk & Rec. SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EL CAMINO SUBDIVISION 9TH FILING DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. STREETS (MALIBU COURT) Asphalt (3" Asphalt on 6" Base) 1944 SY @ $15.00 /SY Curb and Gutter 974 LF @ $10.00 /LF WATER PVC Water Main 423 LF @ $33.28 /LF Fire Hydrant Ass'y. 1 EA @ $1,800.00 /EA Services 11 EA @ $480.00 /EA SANITARY SEWER: 8" PVC Sewer Main 445 LF @ $28.00 /LF 48" Manholes 2 EA @ $2,100.00 /EA Services 11 EA @ $750.00 /EA STORM SEWER: 15" HDPE Pipe 37 LF @ $30.00 /LF Type "S" Inlet L =6' 1 EA @ $2,800.00 /EA Type "S" Inlet L =8' 1 EA @ $3,400.00 /EA STREET LIGHTS 1 EA @ $1,300.00 /EA MONUMENT BOX 1 EA @ $575.00 /EA STREET NAME SIGNS & STOP SIGNS 60' ROW - T - Intersection 1 EA @ $200.00 /EA Regulatory 1 EA @ $100.00 /EA MALIBU COURT $29,160 $9,740 $14,077 $1,800 $5,280 $12,460 $4,200 $8,250 $1,110 $2,800 $3,400 $1,300 $575 $200 $100 $94,452 9 1111111 11111 111111111111111111111111111 iii 111111 iii 1111 1271389 04/02/1999 10:22A SUB AG Chris C. Munoz 10 of 11 R 56.00 D 0.00 Pueblo C!y Clk 8 Rec. SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EL CAMINO SUBDIVISION 9TH FILING DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. STREETS (MOJAVE DRIVE) Asphalt (3" Asphalt on 8" Base) 949 SY @ $16.80 /SY $15,943 Curb and Gutter 538 LF @ $7.80 /LF $4,196 WATER PVC Water Main 450 LF @ $33.28 /LF $14,976 Services 4 EA @ $480.00 /EA $1,920 Tie to Ex. 30" Steel Water Main 1 EA @ $2,000.00 /EA $2,000 SANITARY SEWER: 8" PVC Sewer Main 275 LF @ $28.00 /LF $7,700 Clean Out 1 EA @ $500.00 /EA $500 Services 4 EA @ $750.00 /EA $3,000 STORM SEWER: 36" HDPE Pipe 272 LF @ $66.00 /LF $17,952 STREET LIGHTS 1 EA @ $1,300.00 /EA $1,300 BARRICADE (TYPE 111 ) 1 EA @ $825.00 /EA $825 L =16' STREET NAME SIGNS & STOP SIGNS 60' ROW - T - Intersection 1 EA @ $200.00 /EA $200 Regulatory 1 EA @ $100.00 /EA $100 TRASH RACK 1 EA @ $750.00 /EA $750 MOJAVE DRIVE $71,363 10 1 1111111111111111 1111111111111 1111111111111111111111111111111 1 2 71389 04/02/1999 10:22A SUB AG Chris C. Munoz 11 of 11 R 56.00 D 0.00 Pueblo Cty Clk & Rec. SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: DEVELOPER: ENGINEER: DRAINAGE CHANNEL 4'x 4" Conc. Trickle Channel STORM DRAIN OUTFALL Precast Manhole Type 1 -C Manhole Inlet Box 15" HDPE pipe 42" Class II RCP 48" Class II RCP Trash Rack ON -SITE EARTHWORK EARTHWORK EL CAMINO SUBDIVISION 9TH FILING HORIZON COMMUNITIES, INC. NORTHSTAR ENGINEERING AND SURVEYING, INC. 1057 LF @ $10.00 /LF $10,570 1 EA @ $2,000.00 /EA $2,000 1 EA @ $2,500.00 /EA $2,500 1 EA @ $1,800.00 /EA $1,800 158 LF @ $30.00 /LF $4,740 294.6 LF @ $93.00 /LF $27,398 88 LF @ $115.00 /LF $10,120 1 EA @ $750.00 /EA $750 23,376 CY @ $2.00 /CY $46,752 ON -SITE SUBTOTAL $593,863 OFF -S ITE (AVC DITCH ) DRAINAGE IMPROVEMENTS 6'X10' RCBC TO 66" RCP TRANS. 2 EA @ $5,000.00 /EA $10,000 72" CMP CULVERT 114 LF @ $180.00 /LF $20,520 EARTHWORK 1900 CY @ $2.00 /CY $3,800 REVEGETATION 0.45 Ac. @ $12,000.00 /Ac $5,400 OFF -SITE SUBTOTAL $39,720 GRAND TOTAL $633,583 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: A. HU FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC.- REVIEWED BY: & CITY OF PUEBLO 11 Reception 1271390 04/02/1999 EASEMENT AND RIGHT -OF -WAY THIS ?SEME�T, ted this �r day of M 2! Y�, - - � , 191, by ti -! , GRANTOR, is PUEBLO, a Municipal Corgi ration , GRANTEE: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the GRANTEE, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, a 60 foot easement and right -of -way for the purpose of storm drainage and public utilities , 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 day of �`��r'K`+ , 19 GRANTOR: B -d COUNTY OF ss STATE OF COLORADO) The foregoing instrument was acknowledged before m in County, Colorado, this 5 day of L t , 19�� by , JC1 i71 S E Witness my hand d an ^ff" °,' ^,' My commission expire I IIIIII IIIII IIIII IIIIIII IIII III IIIIIIII III IIIII IIII IIII 1271390 04/02/1999 10:22A EASE Chris C. Munoz 2 of 3 R 16.00 D 0.00 Pueblo Cty Clk & Ree. EXHIBIT A PROPOSED STORM DRAINAGE EASEMENT: An easement for storm drainage purposes located in the NW1 /4 of the NW1 /4 of Section 21, Township 21 South, Range 65 West of the 6 th P.M. being 60 feet in width and being more particularly described as follows: Commencing at the Northeast corner of the said NW1 /4 of the NW1 /4; thence Southerly, along the East line of the said NW1 /4 of the NW1 /4, a distance of 120 feet to the True Point of Beginning of the easement herein described; thence Southerly, along said East line, a distance of 60 feet; thence Westerly, at right angles to said East line, a distance of 30 feet; thence Northerly, parallel to said East line, a distance of 60 feet; thence Easterly, at right angles to said East line, a distance of 30 feet to the Point of Beginning. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, Colorado 81003 February 11, 1999 JN 85 032 09 R OCA ---------- 10, ✓OS COURT - "� m tz" -------- AJ ----- — ----- - ------------------- ----- ------- V cm ED O Ln o L zi - 1271390 04/02/1999 10:22A EASE Chris C. Munoz 3 of 3 R 16.00 D 0.00 Pueblo Cty Clk & Rae.