Loading...
HomeMy WebLinkAbout06519Reception 1366326 01/19/2001 ORDINANCE NO. 6519 AN ORDINANCE APPROVING THE PLAT OF NORTH POINT ESTATES SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of North Point Estates Subdivision, being a subdivision of land legally described as: A parcel of land located within a portion of the S 1/2 of the N 1/2 and a and a portion of the NE 114 of the SW 1/4 and a portion of the N 1/2 of the SE 1/4 of Section 2, Township 20 South, Range 65 West of the Sixth Principal Median, Pueblo County, Colorado, being more particu- larly described as follows: Beginning at a point on the north line of the S 1/2 of the N 1/2 of said Section 2 from which the NW corner of the said S 1/2 of the N 1/2 bears S 88 °58'25" W (bearings based on the north line of the said S 1/2 of the N 1/2 monumented at the west end with a 3 1/4" brass cap and on the east end with a 3 1/2" brass cap assumed to bear N 88 °58'25" E) a distance of 1717.46 feet; thence N 88 °58'25" E along the said north line of the S 1/2 of the N 1/2 Section 2 a distance of 2555.67 feet more or less to a point on the proposed easterly right -of -way line of Outlook Boulevard; thence southerly along said proposed easterly right -of -way line the following three (3) courses: 1) S 00 °00'00 "E a distance of 568.21 feet; 2)Along the arc of a curve to the left having a central angle of 17 °26'23" and a radius of 450.00 feet, a distance of 136.97 feet; 3) S 17 °26'23" E a distance of 1295.84 feet more or less to a point on the northerly right -of -way line of Platteville Boulevard according to that document filed for record April 25, 1996 in Book 2885 at Page 991 in the records of the Pueblo County Clerk and Recorder; Thence westerly along said northerly right -of -way the following four (4) courses: 1) Along the arc of a non - tangent curve to the right whose center bears N 20 °27'56" W having a central angle of 33 °59'28" and a radius of 1000.27 feet, a distance of 593.42 feet; 2) N 76 °28'28" W a distance of 655.93 feet; 3) Along the arc of a curve to the right having a central angle of 12 °18'39" and a radius of 1200.32 feet, a distance of 257.91 feet; 4) N 64 °09'49" W a distance of 1647.84 feet; Thence N 01°01'35" W a distance of 970.89 feet more or less to the point of beginning. EXCEPTING THEREFROM that parcel of land described in that Warranty Deed filed for record July 3, 1991 in Book 2549 at Page 640 and 641 in the records of the Pueblo County Clerk and Recorder. Said parcel contains 91.50 acres more or less, is hereby approved, and all dedicated streets, utility and drainage easements, rights -of -way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The acceptance of such dedicated streets, rights -of -way, utility and drainage 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. 1366326 01/19/2001 09:14A ORD Chris C. Munoz 3 of 3 R 15.00 D 0.00 Pueblo Cty Clerk & Ree 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. -111, „ , � .. - r r, ATTE� INTRODUCED February 14, 2000 By Robert S illin oincilmemb APPROVED����( / �C. resident of the Council 11/29/99 Reception 1366328 01/19/2001 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on IVd u em her J7 , 2000, between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and SUN COMMUNITIES OPERATING LIMITED PARTNERSHIP, ( "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 North Point Estates ( "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 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 judgment of the City Council to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THERFORE, 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 is 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 to complete all Required Public Improvements by Subdivider or subsequent owner 111111111111111111111111111111111111111111111111111111111111111 IN 1366328 01/19/2001 09:14A SUBD AG Chats C. Munoz 2 of 9 R 49.00 D 0.00 Pueblo Cty Clerk & Ree 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 the nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer, to the proposed building site. In any case where the block, as later defined, exceeds one thousand feet (1000') 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 a least one half (Y2) 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 feet (60') 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 FEI 1 111111 1111111111 1111111 iii 1111111 11111 iii 111111111 IN 1366328 01/19/2001 09:14A SUBD AG Chris C. Munoz 3 of 9 R 45.00 D 0.00 Pueblo Cl.y Clerk & Roe 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. 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 11111111111111111 1111111 iii 1111111 11111 iii 11111 IIII IN 1366328 01/19/2001 09:14A SUBD AG Chris C. Munoz 4 of 9 R 45.00 D 0.00 Pueblo C1.y Clerk & Reo 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. 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. 4 11111 R IN 1366328 01/19/2001 09:14A SUBD AG Chris C. Munoz 5 of 9 R 45.00 D 0.00 Pueblo Cty Clerk 8 Ree 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 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, 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 ca used this Agreement to be executed and attested by its duly authorized acting officer. - S .Ui v i p E': SUN C01A.MUNITIE5 OPERATING �; LIMI'1'Ell PAWFNERSHIP, a Michigan Cti �Leo limited jiarwership By: Sun Colninunities, Inc., a Michigan corporation r By: . dtr�tlian I�1. Colman Senior Vice President State of N ichigau ) )55 , Comity of Oakland ) Before me the undersigned, a l�jotary Public in aiid for the Comity and State aforesaid, personally appeared 5oti.a`l l.c_ �d.ak� the Senior Vice President of Sun Communities, Inc., the general partner of Sun Communities Operating Lin Partnership, a Michigan limited N .. S.. , nershi a who aclmorvled ed the execution of the foregoing AA re enierrt as his free act and a`�\' 1� g g g g deed r 0 Tai ,' y: d . 4> O® IN WITNESS WHEREOF, I have hereunto set hiy hand and seal this day of - e K , 2000. DONNA S. BUCKSNI Natary Public, Oakland County, M(�� C4 1Ay commission expires:? 11111111111111111111111111111111111111111111111111111111111 IN IN 1366328 01/19/2001 09:14A SUED AG Chris C. Munoz 6 of 9 R 45.00 D 0.00 Pueblo Cty Clerk 8 Ree CITY OF PUEBLO, a Muni ' al Corporation ire i e W of tYi o bb diic iI STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) ZcoI The foregoing instrument was acknowledged before me on c - JanUQYU I$ , 2GGG by Albert L. Gurgle as President of City Council, and Gina rn,tchPr as City Clerk of the City of Pueblo, Colorado. ^M commission expires g - 21 -260,3 tary Public APPROVi2b AS TO FORM: City Attorney dlw n 1366328 01/19/2001 09:14A SUBD AG Chris C. Munoz 7 of 9 R 45.00 D 0.00 Pueblo C!y Clerk & Ree Exhibit A LEGAL DESCRIPTION A parcel of land located within a portion of the S 112 of the N 112 and a portion of the NE 114 of the SW 114 and a portion of the N 112 of the SE 114 of Section 2, Township 20 South, Range 65 West of the Sixth Principal Meridian. Pueblo County, Colorado, being more particularly described as follows: BEGINNING at a point on the north line of the S 112 of the N 112 of said Section 2 from which the NW corner of the said S 112 of the N 112 bears S 88'5825 "W (bearings based on the north line of the said S 112 of the N 112 monumented at the west end with a 3 114" brass cap and on the east end with a 3 112" brass cap assumed to bear N 88'5825 "E) a distance of 1717.46 feet; thence N 88'5825 "E along the said north line of the S 112 of the N 112 Section 2 a distance of 2555.67 feet more or less to a point on the easterly right —of —way line of Outlook Boulevard; thence southerly along said easterly right —of —way line the following three (3) courses: 1) S 00'00'00 "E a distance of 568.21 feet, 2) Along the arc of a curve to the left having a central angle of 1726'23" and a radius of 450.00 feet, a distance of 136.97 feet, 3) S 172623" E a distance of 1295.84 feet more or less to a point on the northerly right --of —way line of Platteville Boulevard according to that document filed for record April 25, 1996 in Book 2885 at Page 991 in the records of the Pueblo County Clerk and Recorder; Thence westerly along said northerly right —of —way the following four (4) courses: 1) Along the arc of a non — tangent curve to the right whose center bears N 20'2756" W having a central angle of 33'5928" and a radius of 1000.27 (1050.0001) feet, a distance of 593.42 (68,3-31D1) feet; 2) N 76'28'28" W a distance of 655.93 (655.76D 1) feet; 3) Along the arc of a curve to the right having a central angle of 12'18'39" and a radius of 1200.32 (1250.0001) feet, a distance of 257.91 (268.58D 1) feet; 4) N 64'09'49 W a distance of 1647.84 (3101.25D 1) feet; Thence N 01'01 '35" W a distance of 970.89 feet more or less to the POINT OF BEGINNING. EXCEPTING THEREFROM that parcel of land described in that Warranty Deed filed for record July 3, 1991 in Book 2549 at Page 640 and 641 in the records of the Pueblo County Clerk and Recorder. Said parcel contains 91.51 Acres more or less. NORTH Po/NT ESTATES oFFS/TE IMPROVEMENTS COST ESTIMATE EXH /B /T B 6" Asphalt Full Depth 3" Overlay 6" Curb & Gutter 7" Concrete Pan Square Pan Radius Handicap Ramps Monument Boxes Street Signs Street Lights Plant Screen Along ROW (Tree) SY 11429 $16.50 SY 23925 $6.00 LF 6299 $10.00 SF 1412 $ 3.80 SF 1973 $4.25 SF 3456 $3.50 EA 4 $575.00 EA 1 $600.00 EA 13 $1,300.00 EA 102 $75.00 $188,578.50 $143,550.00 $62,990.00 $5,365.60 $8,385.25 $12,096.00 $2,300.00 $600.00 $16,900.00 $7,650.00 $448.415.3b Street Improvements - Outlook Boulevard UNITS QUANTITY PER UNIT TOTAL COST 4" Asphalt on 20" Base Course 6" Curb & Gutter Monument Boxes Street Lights 24' Barricade 15" Storm Pipe 18" Storm Pipe 24" Storm Pipe Plant Screen Along ROW (Tree) SY 12946 $32.00 $414,272.00 LF 4008 $10.00 $40,080.00 EA 2 $575.00 $1,150.00 EA 9 $1,300.00 $11,700.00 EA 1 $1,125.00 $1,125.00 LF 325 $30.00 $9,750.00 LF 53 $36.00 $1,908.00 LF 206 1 $48.00 1 $9,888.00 EA 67 $75.00 $5,025.00 SUBTOTAL $7 Water - Platteville Boulevard UNITS QUANTITY PER UNIT TOTAL COST Fire Hydrant 16" Water Main EA 4 $2,500.00 $10,000.00 LF 202 $52.00 $10,504.00 SUBTOTAL $20,504.00 Water - Outlook Boulevard UNITS QUANTITY PER UNIT TOTAL COST 12" Water Main Fire Hydrant Service Line - 100' ROW LF 2033 $36.00 $73,188.00 EA 4 $2,500.00 $10,000.00 EA 1 $850.00 $850.00 SUBTOTAL $84,038.00 I IIIIII I'I'I IIIII IIIIIII III IIIIIII IIIII III IIIIIIIII IN 1366328 01/19/2001 09:14A SUBD AG Chris C. Munoz 8 of 9 R 45.00 D 0.00 Pueblo Cty Clerk & Ree Estimate Prepared by: Mangini Associates, Inc. Date:1 /10/01 Estimate Figures Based on: City of Pueblo RS Means C1 NORTH POINT ESTATES OFFSITE IMPROVEMENTS COST ESTIMATE EXHIBIT B Sanitary Sewer - Platteville Boulevard UNITS QUANTITY PER UNIT TOTAL COST 48" Dia Manholes 8" PVC Sanitary Sewer Main 6" PVC Private Sanitary Sewer Main 8" PVC Private Sanitary Sewer Main 48" Dia Private Manholes EA 2 $2,170.00 $4,340.00 LF 334 $29.00 $9,686.00 LF 1268 $26.00 $32,968.00 LF 1559 $29.00 $45,211.00 EA 12 $2,170.00 $26,040.00 SUBTOTAL $118,245.UU Sanitary Sewer - Outlook Boulevard UNITS QUANTITY PER UNIT TOTAL COST 48" Dia Manholes 6" PVC Private Sanitary Sewer Main 8" PVC Private Sanitary Sewer Main 8" PVC Sanitary Sewer Main 10" PVC Sanitary Sewer Main 12" PVC Sanitary Sewer Main EA 20 $2,170.00 $43,400.00 LF 285 $26.00 $7,410.00 LF 57 $29.00 $1,653.00 LF 2060 $29.00 $59,740.00 LF 517 $33.00 $17,061.00 LF 4205 $36.00 $151,380.00 SUBTOTAL $280,644.00 Drainage UNITS QUANTITY PER UNIT TOTAL COST 4' Type S Inlet Outlet Structure 60" Manhole EA 2 $2,200.00 $4,400.00 EA 4 $3,000.00 $12,000.00 EA 2 $2,000.00 $4,000.00 SUBTOTAL $20.400.00 Erosion Control UNITS QUANTITY PER UNIT TOTAL COST Straw Bales Rock Check Dam EA 97 $9.75 $945.75 EA 30 $100.00 $3,000.00 SUBTOTAL $3,945.75 GRAND TOTAL $1,471,090.10 1= liscel'a::e::iw5 cantingindes a 15 $220,663.52 GRAND TOTAL $16c1753,62 Reviewed By: g4D- City of Pueblo T -A Estimate Prepared by: Mangini Associates, Inc. Date:1 /10/01 Estimate Figures Based on: City of Pueblo RS Means Date: /Z 11 /d / 111110 11111111111111111 111111111111111111111111111 IN 1366328 01/19/2001 19:14A SUBD AG Chris C. Munoz 9 of 9 R 45.00 D 0.00 Pueblo Cty Clerk 8 Rae l:L Reception 1366329 01/19/2001 ADDENDUM TO SUBDIVISION IMPROVEMENTTS AGREEMENT NORTH POINT ESTATES This Addendum shall be incorporated in and become a part of the /jovcm6, 17 , 2000 Subdivision Improvements Agreement for the North Point Estates, A Special Area Plan (herein the "Subdivision ") and Enforceable as provided in said Subdivision Improvements Agreement. 1. Collateralization of the Required Public Improvements will be required within one hundred eighty (180) days of the application for a building permit on any site or upon the approved final inspection by the Pueblo Regional Building Authority for any building or structure, whichever occurs first, except as modified by paragraphs 2 and 3 below. 2. Subdivider will not be required to build Outlook Boulevard, or any portion thereof, as provided in Exhibit B to the SIA, until at least three years have passed from Subdividers obtaining a building permit for any site within the Subdivision. Collateralization of the construction of Outlook Boulevard, as set forth in the Required Public Improvements, will be required within one hundred eighty (180) days of the application for a building permit on any site or upon the approved final inspection by the Pueblo Regional Building Authority for any building or structure, whichever occurs first. After the passage of the referenced three year period, the City may required Subdivider to build Outlook Boulevard, or such portion thereof as the City in its sole discretion deems appropriate, as set forth in Exhibit B to the SIA. So long as the City defers the construction of Outlook Boulevard, or any portion thereof which Subdivider is required to construction as part of the Required Public Improvement, Subdivider will continue to collateralize its obligation for construction of Outlook Boulevard as required by the SIA and this Addendum. 3. Subdivider will not be required to build Platteville Boulevard, or any portion thereof, as provided in Exhibit B to the SIA, until at least three years have passed from Subdividers obtaining a building permit for any site within the Subdivision. Collateralization of the construction of Platteville Boulevard, as set forth in the Required Public Improvements, will be required within one hundred eighty (180) days of the application for a building permit on any site or upon the approved final inspection by the Pueblo Regional Building Authority for any building or structure, whichever occurs first. After the passage of this referenced three year period, the City may require Subdivider to build Platteville Boulevard, or such portion thereof as the City in its sole discretion deems appropriate, as set forth in Exhibit B to the SIA. So long as the City defers the construction of Platteville, or any portion thereof which Subdivider is required to construct as part of the Required Pubic Improvement, Subdivider will continue to collateralize its obligation for construction of Platteville Boulevard as required by the SIA and this Addendum. 1 111111 1111111111 1111111 iii 1111111 11111 iii 111111111 IN 1366329 01/19/2001 09:14A ADD AG Chris C. Munoz 2 of 2 R 10.00 D 0.00 Pueblo Cty Clerk & Ree Executed at Pueblo, Colorado as of the date and year stated above. PUEBLO, A MUNICIPAL CORPO)RATION SUN COMMUNITIES OPERATING LIMITED PARTNERSHIP, a Michigan limited partnership By: Sun Communities, Inc., a Michigan corporation By Jonathan M. Colman Senior Vice President SUBDIVIDER: Reception 1366330 01/19/2001 EASEMENT KNOW ALL MEN BY 'THESE PRESENTS That the undersigned SUN COMMUNITIES OPERATING LIMITED PARTNERSHIP, a Michigan limited partnership having its principal office at 31700 Middlebelt Road, Suite 145, Farmington Hills, Michigan 48334, hereinafter called the "Grantor", in consideration of the sum of One Dollar and other valuable consideration, to the undersigned in hand paid by the BOARD OF WATER WORKS OF PUEBLO, COLORADO, which controls, manages and operates the municipal water works system of the City of Pueblo, in the County of Pueblo, and State of Colorado, the receipt whereof is hereby acknowledged, hereby grants to PUEBLO, a municipal corporation organized and existing as a Home Rule City under Article XX of the Constitution of the State of Colorado, hereinafter called the "Grantee ", its successors and assigns, operating by and through said Board of Water Works of Pueblo, Colorado, the easement of right -of -way to construct, maintain, change, renew and operate a subsurface water main or water mains for the conveyance and carriage of water over, upon, along and under a strip of land owned by the grantor in the County of Pueblo, State of Colorado, described as follows: Exhibit "A" and "B" Together with the right of ingress to and egress from said strip of land for the foregoing purposes. Grantor covenants and agrees that said ingress and egress shall not be impeded by the construction of masonry walls or fences, or other structures that effectively prevent ingress and egress by vehicles or equipment of the Grantee. Further, Grantee shall have the right to make temporary openings in metal, wire or wooden fences to permit such ingress or egress by vehicles or equipment of the Grantee. TO HAVE AND 'TO HOLD said strip of land for so long as the same shall be used for the purposes aforesaid, said easement or right -of -way to cease if and when said strip of land shall have ceased to be used for said purposes for a continuous period of ten years. The Grantor convenants and agrees for himself, its successors and assigns, not to erect any building or structure within the limits of said strip of land, and the Grantee, its successors and assigns, through said Board of Water Works of Pueblo, Colorado, shall have the right to remove, at Grantor's expense, objects interfering with the ingress and egress to, and the construction, maintenance, operation, control and use of said water main or water mains. The easement of right -of -way hereby granted is subject to the right of the Grantor, its successors and assigns, to pass over, across, along and upon said strip of land and otherwise use the surface thereof, provided such passage and use shall not be inconsistent or interfere with the use of said strip by the Grantee, its successors and assigns, through and said Board of Water Works of Pueblo, Colorado, for the purposes aforesaid. The word "Grantor" wherever used in this instrument shall mean, include and apply to the feminine and neuter genders as well as the masculine gender, and the plural as well as the singular. GRANTEE: 1 SUN COMMUNITIES OPERATING LIMITED PARTNERSHIP, a Michigan limited partnership r By: Sun Communities, Inc., a Michigan corporation By: Jonathan M. Colman ` Senior Vice President State of Michigan ) )ss County of Oakland ) Before me the tnidersi ed, otary Public in and for the County and State aforesaid, personally appeared . :7o the Senior Vice President of Sun Communities, Inc., the general partner of Sun Communities Operating Limited Partnership, a Michigan limited partnership, who acknowledged the execution of the foregoing Agreement as his free act and '',.`. eed� TNESS WHEREOF, I have hereunto set my hand and seal this 1 day of -e , 2000. DONNA S. BUCKSHi . A Public, Oakland County, MI 6ommis i sfon expires: . r iec 12/1 Notary Public 1 1111111111111111 1111111 iii 1111111 11111 iii IIIII 11111111 1366330 01/19/2001 09:14A EASE Chris C. Munoz 2 of 3 R 15.00 D 0.00 Pueblo Cty Clerk & Rec EXHIBIT A WATERLINE AND FIRE HYDRANT EASEMENT A fire hydrant easement located within a portion of the S 1/2 of the NW 1/4 of Section 2, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at the SE corner of that parcel of land described in that Warranty Deed filed for record July 3, 1991 in Book 2549 at Pages 640 and 641 in the records of the Pueblo County Clerk and Recorder; thence N 25 °50' 11 "E (bearings based on the north line of the S 1/2 of the N 1/2 of said Section 2, monumented at each end with a 3 1/4" brass cap, assumed to bear N 88 °58'25 "E) along the west line of said Book 2549 at Pages 640 and 641, a distance of 13.00 feet; thence S 64 °09'49 "E a distance of 13.00 feet; thence S 25 1"W a distance of 13.00 feet, to a point on the northerly right -of -way of Platteville Boulevard according to that document filed for record April 25, 1996 in Book 2885 at Page 991 in the record of the Pueblo County Clerk and Recorder; thence N 64 °09'49 "W along said northerly right -of -way line, a distance of 13.00 feet to the POINT OF BEGINNING. Said easement contains 169.0 square feet, more or less. PROFESSIO URVEYOR NO. 16128 DAT Professional Engineers & Land Surveyors 1 111111 11111111111111111 iii 1111111 11111 iii 111111111 IN 1366330 01/19/2001 09:14A EASE Chris C. Munoz 3 of 3 R 13.00 D 0.00 Pueblo Cty Clerk & Ree EXHIBIT B WATERLINE AND FIRE HYDRANT EASEMENT A fire hydrant easement located within a portion of the N 1/2 of the SE 1/4 of Section 2, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at a point on the westerly right -of -way line of Outlook Boulevard from which the SE corner of North Point Estates, according to the recorded plat thereof, bears N 79 1 14'44 "E, a distance of 100.68 feet; thence S 72 °33'37 "W, a distance of 10.00 feet; thence N 17 °26'23 "W, a distance of 10.00 feet; thence N 72 °33'37 "E, a distance of 10.00 feet to a point along said westerly right -of -way line of Outlook Boulevard; thence S 17 °26'23" E, along said westerly right -of -way line, a distance of 10.00 feet to the POINT OF BEGINNING. Said easement contains 100.0 square feet, more or less. 1 ONAL L?Rffll SIJRVEYOR NO. 16128 A J / Professional Engineers & Land Surveyors Reception 1366331 01/19/2001 EASEMENT AND AGREEMENT The Board of Water Works of Pueblo, Colorado, which controls, manages and operates the municipal water works system of the City of Pueblo in the County of Pueblo, State of Colorado, hereinafter called the "grantor" or "Board," owns the property described on Exhibit " A," attached hereto and incorporated by reference herein. The Board now has, and will continue to have and maintain, a water main or mains running through and under the Exhibit " A " real property The Board presently has a graveled road running the length of the described real property for ingress to and egress from the Board's water tank site, commonly known as the Platteville tank site. Sun Communities, Inc., hereinafter called the "grantee" or "Sun," intends to acquire approximately 91.5 acres adjoining the property of the Board both easterly and westerly of the Board's property and intends to develop the same as a residential community for manufactured homes. Sun, upon it's acquisition of the 91.5 acres, intends to build a private road for ingress to and egress from its property on the Board's Exhibit "A" real property. In consideration of the sum of One Dollar and other valuable consideration, to it in hand paid by Sun, and performance by Sun, its successors and assigns of the terms, conditions and covenants set out below, the Board hereby grants to Sun, its successors and assigns an easement or right -of -way for ingress and egress across the real property described on Exhibit "A," together with the right to enter upon said real property and to grade, level fill, drain, pave, build, maintain and repair, and rebuild a road, together with such culverts and ramps as may be necessary, on, over and across the property described on Exhibit "A." Any grade changes, however, may be made only with the prior written 1 HIM IN III 1366331 01/19/2001 09:14A EASE Chris C. Munoz 2 of 6 R 30.00 D 0.00 Pueblo Ct.y Clerk & Reo approval of the Board. The easement and right -of -way granted by this instrument covers a strip of real property 50 feet in width and approximately 621 feet in length. In consideration of the grant of this easement from the Board to Sun, Sun for itself, its successors and assigns, covenants and agrees as follows: ar►d 6,.� 1. That a road will be designevwithin the 8 years from the date Sun closes on the acquisition of the property including the property described on Exhibit "A" at Sun's expense to accommodate all planned traffic, including that of the Board, which road will have a minimum pavement area of twenty- six (26) feet including curb and gutter, in width for the length of the easement with grass cover for the remaining area of the easement. Sun also agrees to construct any additional drainage facilities made necessary by runoff from the facilities to be constructed by Sun either on the right -of- way or on Sun's adjoining properties. 2. That in the construction, maintenance and use of the roadway on the easement granted hereunder that Sun will not interfere with the grantor's water main, nor with the grantor's maintenance, repair, construction and re- construction thereof. 3. That Sun will not interfere with the Board's continued use of the existing roadway, or any roadway to be constructed on the easement by Sun, by the Board, its employees, contractors, agents, successors and assigns. 4. That Sun will properly maintain and repair the roadway along this easement throughout the duration of this easement at Sun's expense. 5. That if the Board, in its sole discretion and in the exercise of ordinary care, has to tear up part of the surface of said roadway, excavate or otherwise disturb the roadway for appropriate maintenance and repair, construction and re- construction of its water mains beneath the roadway, Sun will pay the expense of repair of the roadway so 2 1111111111111111111111111111111111111111111111111111111111111 1366331 01/19/2001 09:14A EASE Chris C. Munoz 3 of 6 R 30.00 D 0.00 Pueblo Cty Clerk & Rec disturbed by the Board's appropriate maintenance and repair activities. Such payment will be made by Sun promptly upon submission of bills therefore by the Board to Sun. 6. Sun further agrees to release, defend, indemnify and hold harmless the Board and its agents, directors, officers, servants and employees from and against any and all claims, loss, damage, injury, liability, costs and expenses of whatsoever kind or nature, including attorney's fees, demands, recoveries, and judgments howsoever the same may be caused including: A. any and all claims arising from Sun's use of the easement hereby granted or the use of the easement by any third parties or from the conduct of Sun's business or from any activity, work, or other action permitted or suffered by Sun or its officers, agents, employees, tenants, guests, or invitees, on the easement hereby granted; B. any and all claims arising from any breach or default of the terms, covenants and conditions of this agreement, or arising from any act or negligence of Sun and its officers, agents, employees, tenants, guests, or invitees, and from all costs, attorneys' fees, and liabilities incurred in the defense of any claim, action, or proceeding brought hereon. In case any action or proceeding is commenced against the Board for any reason other than claims for acts or omissions of the Board relating to any such claim or arising out of or in any way related to this easement and agreement, Sun, upon notice from the Board, shall defend the same at Sun's expense by counsel reasonably satisfactory to the Board. Sun, as a material part of the consideration to the Board, hereby assumes all risk of loss, theft, misappropriation, or damage to property or injury to persons on the easement hereby granted, from any cause, and Sun hereby 1 HE 111111111111111111111111 1366331 01/19/2001 09:14A EASE Chris C. Munoz 4 of 6 R 30.00 D 0.00 Pueblo Cty Clerk 6 Rec waives all claims with respect thereto against the Board. Sun shall give prompt notice to the Board in case of casualty or accidents on the easement hereby granted. 7. Sun further agrees that the Board or its agents, directors, officers, servants and employees shall not be liable for any loss or damage to persons or property resulting from fire, explosion, noise, rain or water which may leak from any part of the easement hereby granted or the Platteville tank site, including water from the mains and equipment of the Board, or from the road, the subsurface or from any other place, or for any other cause whatsoever, except for property damage or personal injury caused by the gross negligence of the Board, and its agents, or employees. The Board, or its agents, shall not be liable for any latent defects in the Premises. Sun shall have and hold the easement for so long as the same shall be used for the purposes aforesaid, said easement or right -of -way shall cease and terminate if and when said easement shall have ceased to be used for said purposes for a continuous period of five (5) years or upon the failure of Sun, its successors and /or assigns to perform their obligations required by the covenants, terms and conditions of this agreement. The easement or right -of -way hereby granted is subject to the right of the Board, its successors and assigns, employees, contractors and agents to pass over, across and along said strip of land or roadway, and otherwise use the surface thereof, for access to its Platteville tank site, and for access to and repair or reconstruction of the pipeline owned by it and constructed in said roadway. This Agreement is contingent upon Sun's acquisition of the Subject property and shall be null and void if Sun does not close on the acquisition of the subject property within two hundred seventy (270) days of the date of this Agreement. 11111111111111111 IN 1366331 01/19/2001 09:14A EASE Chris C. Munoz 3 of 6 R 30.00 D 0.00 Pueblo Cty Clerk A Roe This agreement shall run with the land described on Exhibit " A," and this agreement shall be binding upon the successors and assigns of Sun and the Board. WITNESS our hand and seals this day of jyja 1 1-99 BOARD OF WATER WORKS OF PUEBLO, COLORADO By: , Exe utive Director STATE OF COLORADO ) )ss COUNTY OF PUEBLO ) BEFORE ME duly appeared the undersigned Executive Director of the Board of Water Works of Pueblo, Colorado, this R7�- day of MARC , L�'J My Commission Expires: 6 1 — t ? 1 GRANTEE 310� 1 athan Colman, Senior Vice President, Acquisitions un Communities Operating Limited Partnership STATE OF MICHIGAN ) )ss COUNTY OF OAKLAND ) BEFORE ME duly appeared the undersigned '10ao- 60 _,n� rr,� r� this ' / day of I&r-c.L , i 999. " ;Lwn. My Commission Expires: _ ,I - / I 4/ DEBRA K. MELLO Notary Public, Oakland County. MI My commission Expires 011412003 i.. e "te' ", `, s 0 TA Y� °w Notary Public •f Y. EXHIBIT "A" NTH LINE Sf I/� NV 1/� SfC. 2 la bh NW CaV" town M/4 CaW" srac sCT M Pam lam muenr «` VI /4 &%W" fulm AOM/ENT SV cab" SI /4 WW" fam mus rnwrn AtMR CAP WITH 1 1R' AUK CAP A S 114 CORNER SEC. 2, FOUND 112" ALUM. CAP & REBAR SET IN CONCRETE h IW 3 z Z h W V4 COD" z" ACIK ITN 11/2_ UN CAP � 11 SCALE 1" = 200' Im IW :5 i, i i= . r H W LEGAL DESCRIPTION A parcel of land located in the City of Pueblo, g County of Pueblo, State of Colorado, to —wit: zy 5 A parcel of land being a portion of the SE 1/4 of the NW 1/4 of Section 2, Township 20 South, Range 65 West, of the Sixth Principal Meridian, being more particularly described as follows: I I I I 1 IIIIII IIIII IIIII IIIIIII III IIIIIII IIIII III IIIII IIII III 1366331 01/19/2001 09:14A EASE Chris C. Munoz 6 of 6 R 30.00 D 0.00 Pueblo Cty Clerk & Ree BEGINNING at a point an the northerly °9 right —of —way line of Platteville Boulevard, from 9' g which the SW corner of Section 2, Township 20 South, Range 65 West, bears S 32'50' 16" W, (bearings and grid distances are based on the J South line of the SE 1/4 of said Section 2 to bear N 88' 44' 51" E according to the SURVEY of PUEBLO WEST, COLORADO recorded in Book Pages 53 1689 of 52 and of the Pueblo County Records), a distance of 3492.95 feet; thence N 64'09' 49" W, parallel to and 50 feet northerly of the centerline of said Platteville Boulevard, a distance of 50.00 feet; thence N 25'50' 11" E. a distance of 620.97 feet; thence S 64'09' 49" E a distance SE 2 of 50.00 feet; thence S 25'50' 11" W, a 1/R 65 W of 620.97 feet to the POINT of ` SW 1 5., N B EGINN ING . N E 2 0 T I I I I 1 IIIIII IIIII IIIII IIIIIII III IIIIIII IIIII III IIIII IIII III 1366331 01/19/2001 09:14A EASE Chris C. Munoz 6 of 6 R 30.00 D 0.00 Pueblo Cty Clerk & Ree Reception 1366332 01/19/2001 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this /7 day of QdobcY ,2000 by WL. ENTERPRISES LTD. INC., GRANTOR, to Pueblo, a Municipal Corporation, GRANTEE: WITNESSETH THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the GRANTEE, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, a sidewalk easement and right of way for the purpose of sidewalk, in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, described in the attached Exhibit "A ", `B ", and "C" (the Property). TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of the GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy the Property for any purpose not inconsistent with the 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 on the Property any building or any other structure or manufactured or mobile home or trailer unit. 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 Property and easement and right -of -way against all persons who may lawfully claim title to the Property. "GRANTEE" shall include the plural and 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 17 day of Oc+obtr , 2000. 11111111111111111 1111111111111 111 1111111111111 HE 111111111111111 1366332 01/19/2001 09:14A EASE Chris C. Munoz 2 of 3 R 23.00 D 0.00 Pueblo Cty Clerk & Rec GRANT R: Wayne ovelady, General PV WL. ENTERPRISES, LTD. COUNTY OF PUEBLO ) SS. STATE OF COLORADO ) Th foregoing instrument was acknowledged before me this J '( day of 2000 by Wayne Lovelady, General Partner, WL. Enterprises, LTD. Inc. Witness my hand and official seal. My commission expires Notary Public ; .NOTARy� : AFB L�� 1 IN 1366332 01/19/2001 09:14A EASE Chris C. Munoz 3 of 5 R 25.00 D 0.00 Pueblo Cty Clerk & Ree EXHIBIT A SIDEWALK EASEMENT AT THE INTERSECTION OF PLATTEVILLE AND OUTLOOK BOULEVARD A parcel of land located within a portion of the N '/2 of the SE '/4 of Section 2, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at the SE corner of Northpointe Estates, according to the recorded plat thereof, thence N 17 °26'23 "W, along the easterly right -of -way line of Outlook Boulevard, a distance of 12.30 feet; thence S 49 °30'55 "E, a distance of 14.01 feet to a point on the northerly right -of -way of Platteville Boulevard according to that document filed for record April 25,1996 in Book 2885 at Page 991 in the record of the Pueblo County Clerk and Recorder; thence westerly along said northerly right -of -way line along the arc of a non - tangent curve to the right whose center bears N 20 °53'33 "W having a central angle of 0 °25'37" and a radius of 1000.27 feet, a distance of 7.45 feet to the POINT OF BEGINNING; Pueblo County, Colorado. Said parcel contains 45.8 square feet more or less. PROFES L SURVEYOR NO. 16128 /0 //' L, DAT Professional Engineers & Land Surveyors 1 1111111111111111 1111111 iii 1111111 11111 iii 1111111111111 1366332 01/19/2001 09:14A EASE Chris C. Munoz 4 of 5 R 25.00 D 0.00 Pueblo Cty Clerk & Re: EXHIBIT B SIDEWALK EASEMENT AT THE INTERSECTION OF PLATTEVILLE AND OUTLOOK BOULEVARD A parcel of land located within a portion of the N 1 /2 of the SE '/4 of Section 2, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at a point on the southerly right -of -way line of Platteville Boulevard according to that document filed for record April 25,1996 in Book 2885 at Page 991 in the record of the Pueblo County Clerk and Recorder, from which the SE corner of Northpointe Estates, according to the recorded plat thereof, bears N 17 1 26'23 "W, a distance of 100.13 feet; thence easterly along said southerly right -of -way line along the arc of a non - tangent curve to the left whose center bears N 20 °11'25 "W having a central angle of 0 °32' 11" and a radius of 1100.27 feet, a distance of 10.30 feet; thence S 42 0 07'35 "W, a distance of 11.93 feet to a point along the easterly right -of -way line of Outlook Boulevard according to that document filed for record May 6, 1996 in Book 2892 at Pages 85 -88 in the record of the Pueblo County Clerk and Recorder; thence N 17 °26'23 "W, a distance of 5.50 feet to the POINT OF BEGINNING; Pueblo County, Colorado. Said parcel contains 28.2 square feet more or less. 10 1 60 167) PROFESSI OR NO. 16128 DATE: Professional Engineers & Land Surveyors 1 IN III 1366332 01/19/2001 09:14A EASE Chris C. Munoz 5 of 5 R 25.00 D 0.00 Pueblo C!y Clerk & Roe EXHIBIT C SIDEWALK EASEMENT AT THE INTERSECTION OF PLATTEVILLE AND OUTLOOK BOULEVARD A parcel of land located within a portion of the N' /Z of the SE' /4 of Section 2, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at a point on the westerly right-of-way line of Outlook Boulevard according to that document filed for record May 6, 1996 in Book 2892 at Pages 85 -88 in the record of the Pueblo County Clerk and Recorder, from which the SE corner of Northpointe Estates, according to the recorded plat thereof, bears N 27 °27'04 "E, a distance of 141.69 feet; thence S 17 °26'23 "E along said westerly right -of -way line, a distance of 10.57 feet; thence N 44 °58'44" W, a distance of 12.21 feet to a point on the southerly right -of -way line of Platteville Boulevard according to that document filed for record April 25, 1996 in Book 2885 at Page 991 in the records of the Pueblo County Clerk and Recorder; thence easterly along said southerly right -of -way line along the arc of a non - tangent curve to the left whose center bears N 14'41'13"W having a central angle of 0 °17'39" and a radius of 1100.27 feet, a distance of 5.65 feet to the POINT OF BEGINNING; Pueblo County, Colorado. Said parcel contains 29.8 square feet more or less. 10 Ito 10 NO. 16128 DATE: Professional Engineers & Land Surveyors Reception 1366333 01/19/2001 EASEMENT AGREEMENT This Easement Agreement ( "Agreement ") is made as of the 17 day of Mo ✓ tvt, 44✓ , 2000, by and between BOARD OF WATER WORKS OF PUEBLO, COLORADO (the "Grantor" or "Board "), whose address is 319 West Fourth Street, Pueblo, Colorado and SUN COMMUNITIES OPERATING LIMITED PARTNERSHIP, a Michigan limited partnership having its principal office at 31700 Middlebelt Road, Suite 145, Farmington Hills, Michigan 48334 (the "Grantee" or "Sun"). RECITALS A. The Grantor owns fee simple title to a certain parcel of real property located in the City of Pueblo, Pueblo County, Colorado, which is more particularly described in Exhibit A attached hereto and made a part hereof by this reference (the "Grantor Property ") B. Grantee is about to acquire fee simple title to a certain parcel of real property located immediately adjacent to the Grantor's Property, in the City of Pueblo, Pueblo County, Colorado, which is more particularly described in Exhibit B attached hereto and made a part hereof by this reference (the "Grantee Property "). C. Grantor desires to grant to Grantee certain easements, as more particularly described herein, all upon the terms and subject to the conditions set forth below. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, and other good and valuable consideration, the receipt and adequacy thereof being expressly acknowledged, the parties hereto hereby agree as follows. 1. Easement for Utilities. Grantor does hereby create, grant and convey to Grantee a perpetual non - exclusive easement on, over, across and through those portions of the Grantor Property described on Exhibit C attached hereto and made a part hereof (the "Utility Easement Area ") for the purposes of locating and permitting the connection, use and repair of water mains, water lines, and sanitary sewer facilities installed or to be installed upon the Grantee Property as more particularly specified on Exhibit C and any associated equipment. Grantor does hereby further create, grant and convey to Grantee a perpetual non - exclusive easement on, over, across and through the Utility Easement Area for the purpose of constructing, installing, repairing, maintaining and replacing such utilities. In the exercise of its rights hereunder, Grantee shall not interfere with Grantor's water main located on the Grantor Property and within the Utility Easement Area, nor with the maintenance, repair and construction or reconstruction thereof. The easements granted to Grantee Sun herein shall be subject to the superior right of the Grantor Board to install, repair, maintain and replace the Board's transmission water main or mains located on the Grantor's Property described in Exhibit A, attached hereto. If, in the installation, repair, maintenance or replacement of Grantor's transmission main or mains it becomes necessary, in Grantor's sole discretion, to move or relocate any of the water or sewer lines located within this easement other than the Grantor's transmission main or mains, then Grantee and/or its successors and assigns shall be responsible for the costs of such relocation. 2. Persons Entitled to Use the Utility Easement Area. Grantee and its successors, assigns, grantees, tenants, invitees, agents, employees, licensees, mortgagees and all persons having business with any of the foregoing, and all persons claiming by, through or under any of the foregoing shall have the non - exclusive right in common to use the Utility Easement Area for the purposes more particularly specified on Exhibit C. 3. Appurtenant Easement. The easements created pursuant to paragraph 1 shall be deemed easements appurtenant to and to run with the Grantor Property and the Grantee Property, shall burden the Grantor Property, and shall be binding upon and inure to the benefit of Grantor and Grantee, and their respective successors, assigns, grantees, and mortgagees, including, without limitation, any person or entity who may in the future become a fee title owner of all or 1 1111111111111111 1'1"11 11 111111111111 111111111111 111 1366333 01/19/2001 09:14A EASE Chris C. Munoz 2 of 11 R 55.00 D 0.00 Pueblo Cty Clerk & Rae any portion of the Grantor Property or the Grantee Property, and all persons claiming by, through or under them. 4. Indemnity. Grantee further agrees to release, defend, indemnify and hold harmless Grantor and its agents, directors, officers, servants and employees from and against any and all claims, loss, damage, injury, liability, costs and expenses of whatsoever kind or nature, including attorney's fees, demands, recoveries and judgments relating to Grantee's exercise of its rights hereunder. Grantee further agrees that Grantor or its agents, directors, officers, servants and employees shall not be liable for any loss or damage to persons or property resulting from fire, explosion, noise, rain or water which may leak from any part of the easement hereby granted, except for property damages or personal injury caused by the gross negligence of the Grantor, its agents or employees. 5. Monumenting. On or before the time that any water line or sanitary sewer is installed on the easements granted hereunder, Grantee agrees to monument the actual location of the easements on the ground with identifiable permanent surveyor's monuments. 6. Alterations and Additions. No walls, fences, or barriers shall be constructed or maintained in the Utility Easement Area which may prevent or impair the use or exercise of the easements and rights granted herein, or the free access and movement of pedestrian and vehicular traffic within the Utility Easement Area.. 7. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Colorado. 8. Severability. If any term, provision or condition contained in this Agreement shall, to any extent be invalid or unenforceable, the remaining provisions of this Agreement (and the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable) shall not be affected thereby, and each term, 11111111111111111111111111111111111111111111111111111 1366333 01/19/2001 09:14A EASE Chris C. IN 1111 Munoz 3 of 11 R 63.00 0 0.00 Pueblo Cty Clerk & Roc provision and condition of this Agreement shall be valid and cnlorceable to the fullest extent permitted by law. 9. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective successors and assigns. 10. Termination. Sun, its successors and assigns, shall have and hold the easement for so long as the same shall be used for the purposes aforesaid; said easement or right of way shall cease and terminate if and when said easement shall have ceased to be used for said purposes for a continuing period of five years, or upon the failure of Sun its successors and or assigns to perform their obligations required by the covenants terms and conditions of this agreement. Upon termination Grantee Sun shall remove from the easement any water lines or sewer lines constructed thereon other than Grantor Board's transmission main or mains at Sun's expense. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Witness: C '• " BOARD OF WATER WORKS OF PUE O, COLORADO By: C Its: Executive Director (signatures continued on following page) 1111111 111'1 1366333 1111111111111111111111 01/19/2001 11111 III 1'111'1'1 09:14A EASE Chris C. IN Munoz 4 of 11 R 53.00 D 0.00 Pueblo Cty Clerk & Ree Z GRAN•rrl.: State of Colorado ) )ss.. County of Pueblo ) SUN COMMUNITIES OPERATING LIMITED PARTNERSIIIP, a Michigan limited partnership By: Sun Communities, Inc., a Michigan corporation By: Jonathan M. Colman Senior Vice President Before me the undersigned, a Notary Public in and for the County and State aforesaid, personally appeared A � C_ �cLw�e the executive director of the Board of Water Works of Pueblo, Colorado, who acknowledged the execution of the foregoing Agreement as his free m JN WITNESS WHEREOF, I have hereunto set my hand and seal this day of 0 iPi.lbr= , 2000. *wo issiomexpires: 9-13-01 Notary Public , State of Michigan ) )ss County of Oakland ) Before me the undersigned, a Notary Public in and for the County and State aforesaid, personally appeared Cd i w,a q ,. the Senior Vice President of Sun Communities, Inc., the general partner of Sun Communities Operating Limited Partnership, a Michigan limited partnership, who acknowledged the execution of the foregoing Agreement as his free act and deed. IN;,WJTNESS WHEREOF, I have hereunto 2000. DONNA S. :y d BUCKSNI A l y ;� r�`'3 Y Puh 0_a!<land County, Mi wv4ni sion 4xpires M1 %1' { umsriSS!(n an,iras. LI C', : set my hand and seal this / day of Notary Public 1 111111 "III IIIII 1111111 III 1111111 IIIII III 11111 1366333 01/19/2001 09:14A EASE Chris C. 5 of 11 R 55.00 D 0.00 Pueblo Cty Clerk 1111111 Munoz & Rec 1111111111111111111111111111111111111111111111111111111 1366333 01/19/2001 09:14A EASE Chris C. Munoz 6 of 11 R 63.00 D 0.00 Pueblo Cty Clerk & Ree 1;X111131T A LEGAL DESCRIPTION - Grantor Property A parcel of land being a portion of the SE 1/4 of the NW 1/4 of Section 2, Township 20 South, Range 65 West, of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at a point on the north line of said SE 1/4 of the NW 1/4 of Section 2, form which the SW corner of said Section 2 bears S 31 °35'25 "W (bearings and grid distances are based on the south line of the SE 1/4 of said Section 2 to bear N 88 °44'51 "E according to the SURVEY OF PUEBLO WEST, COLORADO recorded in Book 1689 at Pages 52 & 53 of the Pueblo County Records), a distance of 4718.50 feet; thence S 02 °25'44 "W, parallel to and 50 feet westerly of the east line of said SE 1/4 of the NW 1/4 of Section 2, a distance of 520.95 feet; thence S 88 °58'25 "W, parallel to and 520 feet southerly of said north line, a distance of 285.00 feet; thence S 25 1"W, a distance of 620.97 feet to a point on the northerly right -of -way line of Platteville Boulevard if extended easterly, said point being 50 feet northerly of the centerline of Platteville Boulevard as located on the ground in July, 1989; thence N 64 °09'49 "W, parallel to and 50 feet northerly of said centerline, a distance of 50.00 feet; thence N 25'50'1 FE, a distance of 620.97 feet; thence N 64 °09'49 "W, a distance of 184.85 feet; thence N 02 °25'44 "E, parallel to and 550 feet westerly of said east line, a distance of 414.64 feet to a point on said north line; thence along said north line, a distance of 500.91 feet to the POINT OF BEGINNING. County of Pueblo, State of Colorado. 1 1366333 01/19/2001 HE 1111111111111111 09:14A EASE Chris C. Munoz 7 of 11 R 55.00 D 0.00 Pueblo C!y Clerk & Ree EXHIBIT B LEGAL DESCRIPTION - Grantee Property Lots 1 and 2, North Point Estates, according to the recorded plat thereof. County of Pueblo, State of Colorado. I IIIIII IIIII IIIII IIIIIII III IIIIIII IIIII III IIIII IIII IN 1366333 01/19/2001 09:14A EASE Chris C. Munoz 6 of 11 R 53.00 D 0.00 Pueblo Cl.y Clerk 6 Ree EXHIBIT C LEGAL DESCRIPTION — Utility Easement Area WATERLINE EASEMENT A waterline easement located within a portion of the S 1/2 of the NW 1/4 of Section 2, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at a point on the west line of that parcel of land described in that Warranty Deed filed for record July 3, 1991 in Book 2549 at Pages 640 and 641 in the records of the Pueblo County Clerk and Recorder, from which the SW corner of said Book 2549 at Pages 640 and 641 bears S 25'50'1 1"W (bearings based on the north line of the S 1/2 of the N 1/2 of said Section 2, monumented at each end with a 3 1/4" brass cap, assumed to bear N 88 °58'25 "E) a distance of 221.79 feet; thence N 25'50'1 l"E, along said west line a distance of 10.00 feet; thence S 64 °09'49 "E a distance of 50.00 feet to a point on the east line of said Book 2549 at Pages 640 and 641; thence S 25'50'1 1 "W, along said east line, a distance of 10.00 feet; thence N 64 °09'49 "W a distance of 50.00 feet to the POINT OF BEGINNING. Said easement contains 0.01 acres, more or less. 1 111111 11111 1366333 11111 1111111 01/19/2001 III 1111111 11111 111111111111111 09:14A EASE Chris C. Muno: 9 of 11 R 53.00 D 0.00 Pueblo C!y Clerk 8 Ree SANITARY SEWER LINE EASEMENT A sanitary sewer line easement located within a portion of the S 1/2 of the NW 1/4 of Section 2, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at a point on the west line of that parcel of land described in that Warranty Deed filed for record July 3, 1991 in Book 2549 at Pages 640 and 641 in the records of the Pueblo County Clerk and Recorder, from which the SW corner of said Book 2549 at Pager 640 and 641 bears S 25'50'1 VW (bearings based on the north line of the S 1/2 of the N 1/2 of said Section 2, monumented at each end with a 3 1/4" brass cap, assumed to bear N 88 °58'25 "E) a distance of 157.18 feet; thence N 25'50'1 1"E, along said west line a distance of 10.00 feet; thence S 64 °09'49 "E a distance of 50.00 feet to a point on the east line of said Book 2549 at Pages 640 and 641; thence S 25"50'1 l"W, along said east line, a distance of 10.00 feet; thence N 64 °09'49 "W a distance of 50.00 feet to the POINT OF BEGINNING. Said easement contains 0.01 acres, more or less. 1111111111111111111111111111111111111111111111111111111 1366333 01/19/2001 09:14A EASE Chris C. Muno: 10 of 11 R 55.00 D 0.00 Pueblo C!y Clerk 8 Ree WATERLINE EASEMENT A waterline easement located within a portion of the S 1/2 of the NW 1/4 of Section 2, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at the SW corner of that parcel of land described in that Warranty Deed filed for record July 3, 1.991 in Book 2549 at Pages 640 and 641 in the records of the Pueblo County Clerk and Recorder; thence N 25'50'11 "E (bearings based on the north line of the S 1/2 of the N 1/2 of said Section 2, monumented at each end with a 3 1/4" brass cap, assumed to bear N 88 °58'25 "E) along the west line of said Book 2549 at Pages 640 and 641, a distance of 10.00 feet; thence S 64 °09'49 "E a distance of 50.00 feet to a point on the east line of said Book 2549 at Pages 640 and 641; thence S 25'50'1 1"W, along said east line, a distance of 10.00 feet; thence N 64 °09'49 "W a distance of 50.00 feet to the POINT OF BEGINNING. Said easement contains 0.01 acres, more or less. 1 111111 1111111111 1366333 1111111 01/19/2001 iii 1111111 11111 09:14A EASE iii 111111 iii IN Chris C. Munoz 11 of 11 R 55.00 0 0.00 Pueblo C1.y Clerk & RL WATERLINE EASEMENT A waterline easement located within a portion of the S 1/2 of the NW 1/4 of Section 2, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at a point on the west line of that parcel of land described in that Warranty Deed filed for record July 3, 1991 in Book 2549 at Pages 640 and 641 in the records of the Pueblo County Clerk and Recorder, from which the SW corner of said Book 2549 at Pager 640 and 641 bears S 25'50'1 1"W (bearings based on the north line of the S 1/2 of the N 1/2 of said Section 2, monumented at each end with a 3 1/4" brass cap, assumed to bear N 88 °58'25 "E) a distance of 611.18 feet; thence N 25'50'1 1"E, along said west line a distance of 10.00 feet; thence S 64 °09'49 "E a distance of 50.00 feet to a point on the east line of said Book 2549 at Pages 640 and 641; thence S 25'50'1 l"W, along said east line, a distance of 10.00 feet; thence N 64 °09'49 "W a distance of 50.00 feet to the POINT OF BEGINNING. Said easement contains 0.01 acres, more or less.