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06564
Reception 1354681 10/18/2000 ORDINANCE NO. 6564 AN ORDINANCE APPROVING THE PLAT OF WESTRIDGE, FILING NO. 5 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Westridge, Filing No. 5 Subdivision, being a subdivision of land legally described as: A parcel of land in the S %2 of the SE 1/4 of the SW 1/4 of Section 11, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo, State of Colorado and being more particularly described as follows: Considering the South line of the SE 1/4 of the SW 1/4 of Section 11, Township 20 South, Range 65 West of the 6th P.M. to bear N. 89 °56'04" W. and all bearings contained herein being relative thereto. Beginning at the Northwest corner of Lot 9, Block 2 in Westridge, Filing No. 4, according to the recorded plat thereof, filed for record February 28, 2000; thence Southerly, along the West subdivision boundary line of said Filing No. 4, the following three (3) courses: 1. S. 00 0 04'07" W., a distance of 160.00 feet; 2. S. 89 0 55'53" E., a distance of 20.00 feet; 3. S. 00 0 04'07" W., a distance of 110.19 feet to the South line of the said SE 1/4 of Section 11; thence N. 89 °55'08" W., along said South line, a distance of 267.60 feet to the S 1/4 corner of said Section 11; thence N.89 °56'04" W., along the South line of the said SW 1/4 of Section 11, a distance of 1294.53 feet to the Southeast corner of that tract of land conveyed to the Pueblo Board of Water Works by deed recorded in Book 1478 at Page 443 of the Pueblo County records; thence N. 03 0 09'05" E., along the East boundary line of said tract of land, a distance of 349.50 feet; thence S. 86 0 50'55" E., a distance of 170.00 feet; thence S.03 0 09'05" W., a distance of 7.60 feet; thence S. 86'50'55" E., a distance of 166.91 feet; thence S.25 °30'42" E., a distance of 24.83 feet; thence N.67 °09'43" E., a distance of 166.34 feet; thence Southeasterly, along the arc of a curve to the left, whose radius is 320 feet, a distance of 16.93 feet; thence S.89 °55'28" E., a distance of 116.23 feet; thence S.62 °58'14" E., a distance of 33.95 feet; thence S.89 0 55'29" E., a distance of 29.74 feet; thence S. 00 °04'31" W., a distance of 20.46 feet; thence N.89 °46'10" E., a distance of 385.78 feet to the West subdivision boundary line of Westridge, Filing No. 3, according to the recorded plat thereof, filed for record October 27, 1997; thence along the boundary of said Filing No. 3 the following two (2) courses: 1 1354681 MIN 1 10/18/2000 09:51A ORD Chris C. Munoz 2 of 3 R 15.00 D 0.00 Pueblo Cty Clerk & Rec 1. S. 00 0 13'50" E., a distance of 46.18 feet; 2. S. 89 0 55'53" E., a distance of 115.63 feet to the Southwest corner of Lot 35, Block 1 in Westridge, Filing No. 2, according to the recorded plat thereof, filed for record April 18, 1996; thence S. 89 °55'53" E., along the South subdivision boundary line of said Filing No. 2, a distance of 338.51 feet to the point of beginning, containing 11.037 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. SECTION 2. The acceptance of such dedicated streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -way, utility and drainage easements, public sites, parks and and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the 1971 Code of Ordinances, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this ordinance and the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforce- ment or nonenforcement of this ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this ordinance or in the City's subdivision ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. SECTION 4. This ordinance shall be approved upon final passage but shall not become effective until (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the 1971 Code of Ordinances meeting and complying with the subdivision require- ments of the City have been filed with and approved by the Director of Public Works, and (b) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant to Section 12 -4 -5 (B) (2) of the I 1111111111 11111111111111111111111111111111111111111111111 1354681 10/18/2000 09:51A ORD Chris C. M uno z 3 of 3 R 15.00 D 0.00 Pueblo Cty Clerk & Rec 1971 Code of Ordinances, and are not for any reason filed and approved within one (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance or the final subdivision plat becomes effective. INTRODUCED July 10 , 2000 J � By Robert Schilling jo nc ilmern APPROVE !lL resident of the Council � A ATTES 'sea k'-i' i Cit C l e rk 6/29/00 Reception 1354683 10/18/2000 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on Sec — , Tew be y l - Zvc c2 , 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 WESTRIDGE, FILING NO. S, A SPECIAL AREA PLAN ( "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 1111111111111111111111111111111111111111111111111111111 1354683 10/18/2000 09:51A SUBD AG Chris IN C. Munoz 2 of 13 R 65.00 D 0.00 Pueblo Cty Clerk 8 Ree 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 ('/2) of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter at the mid - block point and barricade such street so that no through traffic shall be permitted beyond the point to which the estimate of the Director of Public Works is based. 4. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recently proposed site and existing improvements. 5. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be 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 111111111111111111111111111111111111111111111111111 IN 1354683 10/18/2000 09:51A SUED AG Chris C. 3 of 13 R 65.00 D 0.00 Pueblo Cty Clerk 8 Rec 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 12 -4 -7 (J) of the 1971 Code of Ordinances, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought have been properly designed., engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this paragraph 7 and the restriction on the issuance of building permits contained in paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors and assigns of Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances, and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights - of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to complete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible for all the Required Public Improvements. DPW 2/18/98 111111111111111111111111111111111111111111111111111 1334683 10/18/2000 09:51A SUBD AG Chris C. IN Munoz 4 of 13 R 65.00 D 0.00 Pueblo Ct.y Clerk & Ree 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 11111111111111111111111111111111111111111 IN 1354683 10/18/2000 09:51A SUBD AG Chris C 5 of 13 R 65.00 D 0.00 Pueblo Cty Clerk & Ree 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 (SEAL) Subdivider By: 7=� Robert W. Leach. President STATE OF COLORADO COUNTY OF PUEBLO a Colorado Corporation. Subdivider. The fore by Robert W. I SS. instrument was acknowledged before me on h E eTfllmil"B n.- President of HORIZON COMMUNITIES, INC., My commission expires: - 11 ► m 1-3- 0 +2. 2 Q-�v0 M. S7 tA ©TApy f sEI,) o � PUBLIC' ,, 0 ` ` M Grm[r►. Expires 07/1012002 . r1I `��1R OLORADO > 1 1 ) SS. - OF` COLORADO ) On N ary Public T OF PU O, a Municipal Corporation c �M By: President of the Council DPW 2/18/98 5 1 111111 IIIII 1354683 IIIII 111111 10/18/2000 111111 IIIII Iilll III 09:51A SUBD AG IIIII Chris IIII C. IIII Munoz 6 of 13 R 65.00 D 0.00 Pueblo Cty Clerk & Rec The foregoing instrument was acknowledged before me on October 4, 2000 b Corinne Koehler , as President of City Council, and Gina Dutcher as City Clerk of the City of Pueblo, Colorado. My commission expires:8- 21 -2QCO (SEAL) APPROVED AS TO FORM: 1 City Attorney J ; Z P My Commission Expires 08,21003 DPW 2/18/98 6 1334683 10/18/2000 09:51A SUBD AG Chris C. Munoz 7 of 13 R 65.00 D 0.00 Pueblo Cty Clerk 8 Rec SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT A A parcel of land in the S /2 of the SE 1 /40f the SW 1 /4 of Section 11, Township 20 South, Range 65 West of the 6 P.M. in the County of Pueblo, State of Colorado and being more particularly described as follows: Considering the South line of the SE 1 /4 of the SW 1 /4 of Section 11, Township 20 South, Range 65 West of the 6 P.M. to bear N. 89 0 56'04" W. and all bearings contained herein being relative thereto. Beginning at the Northwest corner of Lot 9, Block 2 in Westridge, Filing No. 4, according to the recorded plat thereof, filed for record February 28, 2000; thence Southerly, along the West subdivision boundary line of said Filing No. 4, the following three (3) courses: 1. S. 00 0 04'07" W., a distance of 160.00 feet; 2. S. 89 0 55'53" E., a distance of 20.00 feet; 3. S. 00 0 04'07" W., a distance of 110.19 feet to the South line of the said SE 1 /4 of Section 11; thence N. 89 0 55'08" W., along said South line, a distance of 267.60 feet to the S 1 /4 corner of said Section 11; thence N. 89 0 56'04" W., along the South line of the said SW 1 /4 of Section 11, a distance of 1294.53 feet to the Southeast corner of that tract of land conveyed to the Pueblo Board of Water Works by deed recorded in Book 1478 at Page 443 of the Pueblo County records; thence N. 03 0 09'05" E., along the East boundary line of said tract of land, a distance of 349.51 feet; thence S. 86 0 50'55" E., a distance of 170.00 feet; thence S. 03 0 09 1 05" W., a distance of 7.60 feet; thence S. 86 0 50'55" E., a distance of 166.91 feet; thence S. 25 0 30'42" E., a distance of 24.83 feet; thence N. 67 0 09'43" E., a distance of 166.34 feet; thence Southeasterly, along the arc of a curve to the left, whose radius is 320 feet, a distance of 16.93 feet; thence S. 89 0 55'28" E., a distance of 116.23 feet; thence S. 62 0 58'14" E., a distance of 33.95 feet; thence S. 89 0 5529" E., a distance of 29.74 feet; thence S. 00 0 04'31" W., a distance of 20.46 feet; thence N. 89 0 46'10" E., a distance of 385.78 feet to the West subdivision boundary line of Westridge, Filing No. 3, according to the recorded plat thereof, filed for record October 27, 1997; thence along the boundary of said Filing No. 3 the following two (2) courses: 7 1 1354683 10/18/2000 09:51A SUBD AG Chris IN C. 1111 Munoz 8 of 13 R 65.00 D 0.00 Pueblo C!y Clerk & Ree 1. S. 00 0 13'50" E., a distance of 46.18 feet; 2. S. 89 0 55'53" E., a distance of 115.63 feet to the Southwest corner of Lot 35, Block 1 in Westridge, Filing No. 2, according to the recorded plat thereof, filed for record April 18, 1996; thence S. 89 0 55'53" E., along the South subdivision boundary line of said Filing No. 2, a distance of 338.51 feet to the Point of Beginning. Containing 11.037 acres. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, CO 81003 March 21, 2000 JN 99 097 02 n 1354683 10/18/2000 09:31A SUBD AG no 9 of 13 R 63.00 D 0.00 Pueblo Cl.y Clerk & Ree SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WESTRIDGE FILING NO. 5 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. SETTLERS DRIVE PHASE I: PAVEMENTS 3" Asphalt over 15" Base Course Curb and Gutter (Mod. Ramp) WATER 8" PVC Water Main Service Fire Hydrant Ass'y SANITARY SEWER: 8" PVC Sewer Main 48" Manholes Services STREET LIGHT MONUMENT BOX BARRICADES (L =16') 2732 SY @ $25.00 /SY = $68,300 1462 LF @ $10.00 /LF = $14,620 725 LF @ $35.00 /LF = $25,375 24 EA @ $500.00 /EA = $12,000 1 EA @ $2,500.00 /EA = $2,500 1878 LF @ $29.00 /LF = $54,462 8 EA @ $2,170.00 /EA = $17,360 24 EA @ $775.00 /EA = $18,600 2 EA @ $1,300.00 /EA = $2,600 1 EA @ $575.00 /EA = $575 1 EA @ $825.00 /EA = $825 PHASE I - SETTLERS DRIVE - SUBTOTAL $217,217 9 1 1354683 10/18/2000 09:51A SUBD AS Chris C. Munoz 10 of 13 R 65.00 D 0.00 Pueblo Cty Clerk & Rec SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WESTRIDGE FILING NO. 5 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. DETENTION FACILITIES DETENTION FACILITIES Grading 28,400 CY @ $2.00 /CY = $56,800 Outlet Structure (14'x8') 1 EA @ $15,000.00 /EA = $15,000 Revegetation 4.59 AC @ $12,000.00 /AC = $55,080 Triple 30" HDPE Pipe 44 LF @ $180.00 /LF = $7,920 Rip Rap 34 CY @ $50.00 /CY = $1,700 Channel to Detention Basin (Section B -B) 1,295 CY @ $2.00 /CY = $2,590 4' Low Flow Pan (7) 1,000 SF @ $3.80 /SF $3,800 Revegetation 1.06 AC @ $12,000.00 /AC = $12,720 $155,610 TOTAL PHASE I: $372 827 10 1111111 IIIII 11111 111111 1111111111111111 iii 111111 iii IN 1354683 10/18/2000 09:51A SUBD AG Chris C. Munoz 11 of 13 R 65.00 D 0.00 Pueblo Cl.y Clerk & Ree SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WESTRIDGE FILING NO. 5 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. SETTLERS DRIVE PHASE II: STREETS 3" Asphalt over 15" Base Course Curb and Gutter (Mod. Ramp) Square Pan Radius 7" Concrete Handicap Ramps (2) WATER 8" PVC Water Main Service Fire Hydrant Ass'y SANITARY SEWER: 8" PVC Sewer Main 48" Manholes Services STORM SEWER Type "W" inlet (10') Type "W" inlet (14') Type "S" inlet (4') Type I -B Manhole 15" HDPE Pipe 18" HDPE Pipe 24" HDPE Pipe 24" Flared end section Rip Rap (10'x10'x18 ") STREET LIGHT MONUMENT BOX BARRICADES (L =16') 1530 SY @ $25.00 /SY = 798 LF @ $10.00 /LF = 151 SF @ $4.25 /SF = 269 SF @ $3.80 /SF = 184 SF @ $3.50 /SF = 405 LF @ $35.00 /LF = 10 EA @ $500.00 /EA = 1 EA @ $2,500.00 /EA = 96 LF @ $29.00 /LF = 0 EA @ $2,170.00 /EA = 10 EA @ $775.00 /EA = 1 EA @ $4,000.00 /EA = 1 EA @ $5,200.00 /EA = 1 EA @ $2,200.00 /EA = 2 EA @ $2,000.00 /EA = 11 LF @ $30.00 /LF = 28 LF @ $36.00 /LF = 310 LF @ $48.00 /LF = 1 EA @ $250.00 /EA = 5.56 CY @ $50.00 /CY = 2 EA @ $1,300.00 /EA 1 EA @ $575.00 /EA 1 EA @ $825.00 /EA $38,250 $7,980 $642 $1,022 $644 $14,175 $5,000 $2,500 $2,784 $0 $7,750 $4,000 $5,200 $2,200 $4,000 $330 $1,008 $14,880 $250 $278 $2,600 $575 $825 PHASE II - SETTLERS DRIVE - SUBTOTAL $116,893 11 1 1 IN 1354683 10/18/2000 09:51A SUED AG Chris C. Munoz 12 of 13 R 65.00 D 0.00 Pueblo Cty Clerk 8 Rec SUBDIVISION NAME: DEVELOPER: ENGINEER: SHORTHORN DRIVE PHASE II: SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" WESTRIDGE FILING NO. 5 HORIZON COMMUNITIES, INC. NORTHSTAR ENGINEERING AND SURVEYING, INC. STREETS 3" Asphalt over 10" Base Course Curb and Gutter (Mod. Ramp) WATER 8" PVC Water Main Service Fire Hydrant Ass'y SANITARY SEWER: 8" PVC Sewer Main 48" Manholes Services STREET LIGHT MONUMENT BOX SIGNAGE T- Intersection (60' R.O.W.) 1440 SY @ $20.00 /SY = $28,800 744 LF @ $10.00 /LF = $7,440 428 LF @ $35.00 /LF = $14,980 8 EA @ $500.00 /EA = $4,000 1 EA @ $2,500.00 /EA = $2,500 0 LF @ $29.00 /LF = $0 0 EA @ $2,170.00 /EA = $0 8 EA @ $775.00 /EA = $6,200 1 EA @ $1,300.00 /EA = $1,300 2 EA @ $575.00 /EA = $1,150 2 EA @ $300.00 /EA = $600 PHASE II - SHORTHORN DRIVE - SUBTOTAL ;66,970 12 1 I IN 1354683 10/18/2000 09:51A SUBD AG Chris C. Munoz 13 of 13 R 65.00 D 0.00 Pueblo C!y Clerk & Roe SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WESTRIDGE FILING NO. 5 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. WIDENER STREET PHASE II: STREETS 3" Asphalt over 15" Base Course 1406 SY @ $25.00 /SY = $35,150 Remove & Replace Asphalt (3" Max) 52 Ton @ $36.00 /Ton = $1,872 Curb and Gutter (Mod. Ramp) 743 LF @ $10.00 /LF = $7,430 Square Pan Raduis 136 SF @ $4.25 /SF = $578 7" Concrete 269 SF @ $3.80 /SF = $1,022 Sidewalks Adjacent to Parcel A, B, & C 538 SF @ $2.50 /SF = $1,345 Handicap Ramp 175 SF @ $3.50 /SF = $613 WATER 16" PVC Water Main 295 LF @ $35.00 /LF = $10,325 Service 4 EA @ $500.00 /EA = $2,000 Fire Hydrant Ass'y 1 EA @ $2,500.00 /EA = $2,500 SANITARY SEWER: 8" PVC Sewer Main 120 LF @ $29.00 /LF = $3,480 48" Manholes 0 EA @ $2,170.00 /EA = $0 Services 4 EA @ $775.00 /EA = $3,100 STREET LIGHT 1 EA @ $1,300.00 /EA = $1,300 MONUMENT BOX 4 EA @ $575.00 /EA = $2,300 BARRICADES (L =16') 1 EA @ $825.00 /EA = $825 PHASE II - WIDENER STREET - SUBTOTAL $73,840 TOTAL PHASE II: $257 GRAND TOTAL: $630 530 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: MLC FIRM: NOR HSTAR ENGINEERING AND SURVEYING, INC. REVIEWED BY: v CITY OF PUEBLO 13 Reception 1334684 10/18/2000 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This addendum shall be incorporated in and become a part of Subdivision Improvements Agreement for the WESTRIDGE, FILING NO. 5, A SPECIAL AREA PLAN and enforceable as provided in said Subdivision Improvements Agreement. 1. The Subdivider will develop WESTRIDGE, FILING NO. 5, A SPECIAL AREA PLAN in separate phases to be identified herein as Phase I and Phase II. 2. Phase I shall consist of the following lots within the subdivision: Lots 9 thru 20 in Block 1, Lots 10 thru 21 in Block 2, Offsite Detention Facility 3. Phase II shall consist of the following lots within the subdivision: Lots 21 thru 31 in Block 1, Lots 22 thru 25 in Block 2, Lots 1 thru 4 in Block 3, Lots 1 thru 3 in Block 4. 4. The Subdivider shall construct and install all of public improvements in the manner and as described in the Subdivision Improvements Agreement needed and required to serve the lots within each Phase. 5. For purposes of determining the extent and timing of the required public improvements, each Phase shall be considered as a separate subdivision and an event requiring completion of the improvements in one Phase will not require completion of improvements in the other Phase. 6. When the Subdivider completes the subdivision requirements and public improvements for each Phase, the City will release the Lots in that Phase from this agreement as if each Phase was a separate and distinct subdivision. 7. The Subdivision Improvements Agreement as amended by this Addendum shall remain in full force and effect and the covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of City and Subdivider and their respective heirs, personal representatives, successors, and assigns. 15 11111111111111111 IN IN 1354684 10/18/2000 09:51A ADD AGR Chris C. Munoz 2 of 2 R 10.00 D 0.00 Pueblo C!y Clerk 8 Rec Executed at Pueblo, Colorado of Se p - Te t" 6el� Horizon Communities, Inc. Subdivider By: ci . ^ 1 atr (SEAL) STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledge before me this 1 dayof '2 ,by (Zo�,�nr �(, l�r�►c.}} "P2t:st t4L ,p Colorado Corporation, Subdivider. 41 M. STq� �OTARy Ln O 7 PU BLIG OF CO My Comm. Expires 07/1012002 My Commission expires T` 29 0%, 1 2.1 l.4.w a „,, Pv *c " ) �wct7'oa / A otary Public 0 1 0� ( I�m �" c-i e DPW 103 12/03/98 CITY OF PUEBLO a nicipal Co o tion B A �( Y President of the Council Page 2 of 2 Reception 1354685 10/18/2000 EASEMENT AND RIGHT -OF -WAY THIS EASEMENT, granted this ?- 3 day of �i , 2000 , by BRAMBLEWOOD, LLC, a Colorado Limited Liability Comp na y 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 temporary easement and right -of -way for the purpose of draina e , in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: (the "Property") See attached EXHIBIT A 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 GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy the Property for any purpose not inconsistent 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 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 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. UPON DEDICATION of all or a portion of this Easement as a public street or right -of -way this Easement shall terminate as to the portion thereof so dedicated. SIGNED this �- day of _ , 2000 . GRANTOR: BRAMBLEWOOD, LLC, a Colorado Limited Liability Company by Hausman Management Corporation, as Manager By Thomas E. Hausman, President Page 1 of 2 11111111111111111111111111111111111111111111111111111111111111 1354685 10/18/2000 09:51A R 0 W Chris C. Munoz 3 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Rec EXHIBIT A PROPOSED DRAINAGE EASEMENT: An easement for drainage purposes through the SW 1 /4 of the SW 1 /4 of Section 11, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo, State of Colorado and being more particularly described as follows: Considering the South line of the SW 1 /4 of Section 11, Township 20 South, Range 65 West of the 6th P.M. to bear N. 89 0 56'04" W. and all bearings contained herein being relative thereto. Commencing at the Southwest corner of said Section 11; thence S. 89 °56'04" E., along the South line of the said SW 1 /4, a distance of 107.37 feet to the West right -of -way line of Crestview Drive, as platted in Crestview Hills, Filing No. 1, according to the recorded plat thereof, filed for record August 23, 1978; thence Northeasterly, along the future right -of -way line of said Crestview Drive, along the arc of a curve to the right whose center bears S. 89 0 3251" E. and whose radius is 240 feet, a distance of 80.23 feet to the True Point of Beginning of the easement herein described; thence continuing along the said future right -of -way line of Crestview Drive, along the arc of a curve to the right whose center bears S. 70 0 38'00" E. and whose radius is 240 feet, a distance of 53.77 feet; thence S. 57 0 56'16" E., a distance of 173.04 feet; thence S. 45 0 33'40" E., a distance of 38.10 feet; thence N. 86 051'36" W., a distance of 144.19 feet; thence N. 40 0 29'52" W., a distance of 81.94 feet to the Point of Beginning. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5" Street Pueblo, CO 81003 August 2, 2000 JN 99 097 02 i 4 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Roe a'I LU J Q U O Z \ \\ ----------------- - " " " "/ \ -- - - - - -- \ 1 1 .F. \ \\ 1 i 2 t,; 1A. - 7TIA � U N ri W I y n u� p 1 Ix d I - -J W r (D u ) zi • Z I � ' , U W V) vl Reception 1354686 10/18/2000 EASEMENT AND RIGHT -OF -WAY THIS EASEMENT, granted this ? f: day of - 'A , 2000, by EWOOD, LLC, a Colorado Limited Liability Comany , GRANTOR, to PUEBLO, a Municipal Corporation, GRANTEE: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the GRANTEE, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, an easement and right -of -way for the purpose of drainage detention , in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: (the "Property") See attached EXHIBIT A 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 GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy the Property for any purpose not inconsistent 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 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 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 Z 3 day of ' 2000. COUNTY OF PUEBLO ) ) ss STATE OF COLORADO) GRANTOR: BRAMBLEWOOD, LLC, a Colorado Limited Liability Company b sman Management Cor oration, as Manager By Thomas E. Hausman, President The foregoing instrument was acknowledged before me in Pueblo County, Colorado, this 'Z 3 day of A �A (. kA /- 7 , 2000 by Thomas E. Hausman, President of Hausman Witness my hand and official seal. M. STq Q��O q �ommission expires: 1 ,Q rw 0`v OoTARr VA P, / - y✓ L A e7 LA ww*� Qp P� ��`.ss �-o a ©gv y PUBLIC T Notary Public OF C o My Comm. Expires 07110/2002 Itll11 11111 11111 111111111111 II IIIIIIII 111 11111 1111 1111 1354686 10/18/2000 09:51A R 0 W Chris C. Munoz 2 of 3 R 15.00 D 0.00 Pueblo Cty Clerk & Roe EXHIBIT A PROPOSED DRAINAGE DETENTION EASEMENT: An easement for drainage detention purposes in the SE 1 /4 of the SE 1 /4 of Section 10 and in the SW 1 /4 of the SW 1 /4 of Section 11, Township 20 South, Range 65 West of the 6 th P.M. in the County of Pueblo, State of Colorado and being more particularly described as follows: Considering the South line of the SW 1 /4 of Section 11, Township 20 South, Range 65 West of the 6 th P.M. to bear N. 89 0 56'04" W. and all bearings contained herein being relative thereto. Beginning at the Southeast corner of said Section 10; thence N. 89 0 3944" W., along the South line of the said SE 1 /4 of Section 10, a distance of 195.78 feet to the East right -of -way line of the A.T. & S.F. Railroad, as conveyed by deed recorded in Book 223 at Page 187 of the Pueblo County records; thence N. 11 0 3756" E., along said East right -of -way line, a distance of 487.73 feet; thence S. 74 0 50'29" E., a distance of 71.50 feet; thence S. 89 0 54'30" E., a distance of 72.52 feet; thence S. 25 0 2937" E., a distance of 319.60 feet to the future North right -of -way line of Crestview Drive; thence Southwesterly, along said future right -of -way line, along the arc of a curve to the left, whose center bears S. 43 0 40'23" E. and whose radius is 240 feet, a distance of 192.16 feet to the South line of the said SW 1 /4 of Section 11; thence N. 89 0 56'04" W., along said South line, a distance of 107.37 feet to the Point of Beginning. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, Colorado 81003 August 2, 2000 Revised September 19, 2000 J N 99 097 02 W J v 1 111111 HIM 11111111111111111111111111111111111 IN IN 1354686 10/18/2000 09:51A R 0 W Chris C. Murnos 3 of 3 R 15.00 0 0.00 Pueblo C!y Clerk & Ree 0 z 0� tOQ00 n ^ Q C%4 N V) ;n Z Q W Q Vb 1'b om t0 O 05 z _ O M airr 7 —f z w z J z O F- 0 W N J W � � 0 o Ln U N Q GA \ LLI 1 0- W 4 In T 04 W OD v1 0� tOQ00 n ^ Q C%4 N V) ;n Z Q W Q Vb 1'b om t0 O 05 z _ O M airr 7 —f z w z J z O F- 0 W N J W � � 0 o Ln U N Q Reception 1334687 10/18/2000 EASEMENT AND RIGHT -OF -WAY THIS EASEMENT, granted this Q. - day of Ay 4"r , 2000 , by HORIZON COMMUNITIES, INC., a Colorado Corporation , 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 temporary easement and right -of -way for the purpose of drainage , in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: (the "Property") See attached EXHIBIT A 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 GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy the Property for any purpose not inconsistent 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 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 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. UPON DEDICATION of all or a portion of this Easement as a public street or right -of -way this Easement shall terminate as to the portion thereof so dedicated. SIGNED this 'I: day of /� " S H F T , 2000. GRANTOR: HORIZON COMMUNITIES, INC., a Colorado Corporation By Robert W. Leach, President Page 1 of 2 COUNTY OF PUEBLO ) 1111111111111111111111111111111111111111111111111111111 )ss 1354687 10/18/2000 09:51A R 0 W Chris C. Munoz STATE OF COLORADO) 2 of 4 R 20.00 D 0.00 Pueblo Ct.y Clerk 8 Ree The foregoing instrument was acknowledged before me in Pueblo County, Colorado, this '2-' day of A tiS v :i -r- , 2000 by Robert W. Leach, President of Horizon Communities, Inc., a Colorado Corporation. Witness my hand and official seal. My commission expires: t o M. STgq` 2,1 t -v e co r �► �&� � �� 4 & Not ry Public c_ C' E LO My Comm. Expires 07/10/2002 Page 2 of 2 111111111111111111111111111111111111111111111111111111111111111 1334687 10/18/2000 09:51A R 0 W Chris C. Munoz 3 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Ree EXHIBIT A PROPOSED DRAINAGE EASEMENT: An easement for drainage purposes through the S 1 /2 of the SW 1 /4 of Section 11, Township 20 South, Range 65 West of the 6 th P.M. in the County of Pueblo, State of Colorado, being 20 feet in width, 10 feet on each side of the following described centerline: Considering the South line of the SW 1 /4 of Section 11, Township 20 South, Range 65 West of the 6 th P.M. to bear N. 89 0 56'04" W. and all bearings contained herein being relative thereto. Commencing at the Northernmost corner of Lot 1, Block 3 in Westridge, Filing No. 5, A Special Area Plan, according to the recorded plat thereof; thence N. 67 0 09'43" E., along the North subdivision boundary line of said Filing No. 5, a distance of 19.00 feet to the True Point of Beginning of the easement centerline herein described; thence N. 33 0 14'40" W., a distance of 554.97 feet; thence N. 89 0 55'28" W., a distance of 172.18 feet to the West line of a tract of land conveyed by deed recorded February 8, 2000 at Reception No. 1319378 of the Pueblo County records and the Point of Terminus. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, Colorado 81003 August 9, 2000 IN 99 097 02 1 1111111111111111111111111111 11 11111111 111 111111111 IS 1111111111 1334687 10/18/2000 09:51A R 0 W Chris C. Munoz d' 4 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Rec Q W J U O 2 111 - sR; I III \\ '-' F` O I / - --- - - - - -- Q I 1 ( v 1 tii \ III -7 1 k I I I I 1 1 1 m III — I I OA CO W LO ° , - -- Z - �_- - - - - -- ' ' �- 111 - sR; I III 1 1 1 I 1 III I I I I 1 1 1 I III — I I Reception 1334688 10/18/2000 EASEMENT AND RIGHT -OF -WAY THIS EASEMENT, granted this Z.3 day of , 2000, by BRAMBLEWOOD, LLC, a Colorado Limited Liability Company , 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 temporary easement and right -of -way for the purpose of drainage , in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: (the "Property") See attached EXHIBIT A 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 GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy the Property for any purpose not inconsistent 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 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 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. UPON DEDICATION of all or a portion of this Easement as a public street or right -of -way this Easement shall terminate as to the portion thereof so dedicated. SIGNED this Z3 day of ' 2000. GRANTOR: BRAMBLEWOOD, LLC, a Colorado Limited Liability Company by Ha n Management Corporation, as Manager Thomas E. Hausman, President Page 1 of 2 COUNTY OF PUEBLO 1111111111111111111111111111111111111111111111111 IN IN ) ss 1334688 10/18/2000 09.31A R 0 W Chris C. Munoz STATE OF COLORADO ) 2 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Rec The foregoing instrument was acknowledged before me in Pueblo County, Colorado, this L 3 day of 4, s & 6 T , 2000 by Thomas E. Hausman, President of Hausman_ Management, Corporation, as Manager of Bramblewood, LLC, a Colorado Limited Liability Company . Witness my hand and official seal. My commission expires: '1 20 cb' PJ\ � 1�A. STq�� °1 0 TARY ..rte O Ln y� PUSLI Q OF GO My Comm Expires 01/10/200 l �j OukjzbQ-�L U'( Q , �C) Q rt4h S tU O '/v" Notary Pubic Page 2 of 2 111111111111111111111111111111111111111111111111111 1354688 10/18/2000 09:51A R 0 W Chris C. IN Munoz 3 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Reo EXHIBIT A PROPOSED DRAINAGE EASEMENT: An easement for drainage purposes through the S 1 /2 of the SW 1 /4 of Section 11, Township 20 South, Range 65 West of the 6 th P.M. in the County of Pueblo, State of Colorado, being 20 feet in width, 10 feet on each side of the following described centerline: Considering the South line of the SW 1 /4 of Section 11, Township 20 South, Range 65 West of the 6 th P.M. to bear N. 89 °56'04" W. and all bearings contained herein being relative thereto. Commencing at the Northernmost corner of Lot 1, Block 3 in Westridge, Filing No. 5, A Special Area Plan, according to the recorded plat thereof; thence N. 67 0 09'43" E., along the North subdivision boundary line of said Filing No. 5, a distance of 19.00 feet; thence N. 33 0 14'40" W., a distance of 554.97 feet; thence N. 89 0 55'28" W., a distance of 172.18 feet to the West line of a tract of land conveyed by deed recorded February 8, 2000 at Reception No. 1319378 of the Pueblo County records; thence N. 89 0 55'28" W., a distance of 608.55 feet to the True Point of Beginning of the easement centerline herein described; thence S. 59 0 08'14" W., a distance of 740.40 feet to the North line of a drainage detention easement and the Point of Terminus. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, Colorado 81003 August 16, 2000 JN 99 097 02 1 111111 11111 11111 111111 111 1111111111111 1111111111111111 ■■III ■■i■i 1111111 111111 In 111111 1111111 III 11111 1111 1111 1354688 10/18/2000 09:51A R 0 W Chris C. Munoz to 4 of 4 R 20.00 D 0.00 Pueblo C!y Clerk 8 Rec e a i 0 J Q H Q Z 8L£6l£l ON ND/Ld3�3b - -• 3Nn is w I II I 3 III 0 011) q ^ m$;I� Z pl II I I !!I I` m W J Q 3 W / � m n n ti � a� �2 NO 1 R, J'* Q � ta2 1 I es� 1 I �oQ ' I I Q�n a3 a I — N Reception 1334689 10/18/2000 EASEMENT AND RIGHT -OF -WAY THIS EASEMENT, granted this 2 -3 day of A S_ , 2000, by BRAMBLEWOOD, LLC, a Colorado Limited Liability Company RANTOR, 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 temporary easement and right -of -way for the purpose of drainage , in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: (the "Property") See attached EXHIBIT A 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 GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy the Property for any purpose not inconsistent 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 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 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. UPON DEDICATION of all or a portion of this Easement as a public street or right -of -way this Easement shall terminate as to the portion thereof so dedicated. SIGNED this 2-3 day of , 2000. GRANTOR: BRAMBLEWOOD, LLC, a Colorado Limited Liability Company by Hp sman Management Corporation, as Manager By �r a Thomas E. Hausman, President Page 1 of 2 COUNTY OF PUEBLO ) 11111i 91 1 HIM 111111111111 IN )SS 13o {54R201002D00.00�PuobR0 C�.y Clark C hris C & Roc STATE OF COLORADO) 2 The foregoin instrument was acknowledged before me in Pueblo County, Colorado, this 2 � day of 2000 by Thomas E. Hausman, President of Hausman Management, Corporation, as Manager of Bramblewood, LLC, a Colorado Limited Liability Company Witness my hand and official seal. My commission expires: - 1 21 �Lew e.AQV.- 4142 PJ\0 M. STg 1 6 10 O , v s ; / /� Not ry Public o �pTARY c ~. 4 PUBLI a , �;_C)E CO My Comm. Expires 07/10/2002 Page 2 of 2 IIi111111111111111111111111111111f11i1 III 111111111 IN 1354689 10/18/2000 09:51A R 0 W Chris C. Munos 3 of 4 R 20.00 D 0.00 Pueblo C!y Clerk 8 Roe EXHIBIT A PROPOSED DRAINAGE EASEMENT: An easement for drainage purposes through the S 1 /2 of the SW 1 /4 of Section 11, Township 20 South, Range 65 West of the 6 th P.M. in the County of Pueblo, State of Colorado, being 20 feet in width, 10 feet on each side of the following described centerline: Considering the South line of the SW 1 /4 of Section 11, Township 20 South, Range 65 West of the 6 th P.M. to bear N. 89 0 56'04" W. and all bearings contained herein being relative thereto. Commencing at the Northernmost corner of Lot 1, Block 3 in Westridge, Filing No. 5, A Special Area Plan, according to the recorded plat thereof; thence N. 67 0 09'43" E., along the North subdivision boundary line of said Filing No. 5, a distance of 19.00 feet; thence N. 33 0 14'40" W., a distance of 554.97 feet; thence N. 89 0 5528" W., a distance of 172.18 feet to the West line of a tract of land conveyed by deed recorded February 8, 2000 at Reception No. 1319378 of the Pueblo County records and the True Point of Beginning of the easement centerline herein described; thence N. 89 0 5528" W., a distance of 608.55 feet to the Point of Terminus. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, Colorado 81003 August 16, 2000 IN 99 097 02