HomeMy WebLinkAbout06592Reception 1372499
03/06/2001
ORDINANCE NO. 6592
AN ORDINANCE APPROVING THE PLAT OF UNIVERSITY VILLAGE
SUBDIVISION FILING NO. 2
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of University Village Subdivision Filing No. 2. being a subdivision of
land legally described:
That parcel of land described in that document filed for record December 31,
1986 in Book 2326 at Pages 657 -659 in the records of the Pueblo County Clerk
and recorder, which reads as follows:
A parcel of land located within a portion of the SE 1/4 of Section 17, a portion
of the North 1/2 of the NE 1/4 of Section 20; all being in T. 20 S., R. 64 W.,
of the 6th P.M., being more particularly described as follows:
TRACT I - COMMENCING at the Southeast corner of said Section 17; thence
S 01'06'50"E., along the East line of said Section 20, a distance of 275.00 feet;
thence S 88 °53'10 "W., a distance of 60.00 feet, to the west right -of -way line of
Troy Avenue, as presently located and the true Point of Beginning; thence along
the said west right -of -way line, the following 3 courses:
1. S O1 °06 "50 "E, a distance of 38.08 feet;
2. Along the arc of a curve to the right whose radius is 440.00 feet, a distance
of 229.59 feet;
3. S 28 °47'00" W, a distance of 16.62 feet to the northerly right -of -way line
of Colorado State Highway No. 47 (University Boulevard), as presently
located;
thence along the said northerly right -of -way line, the following 3 courses:
1. S 69 (S 69 °28'W, Hwy), a distance of 138.80 feet;
2. N 73 °31'30" W (S 73 °26'30 "W, Hwy.), a distance of 562.90 feet;
3. N 61 (N 61 Hwy.), a distance of 755.40 feet to a point on the
easterly boundary line of the University of Southern Colorado;
thence along said easterly boundary line, the following 2 courses:
1. N 25'42'E, a distance of 404.90 feet;
2. Along the arc of a curve to the right whose radius is 1200.00 feet, a distance of
167.28 feet to the southerly right -of -way line of Alamosa Drive;
thence along the southerly right -of -way line of said Alamosa Drive, the following 6
courses:
1. S 57 °4637 "E, a distance of 452.51 feet;
2. Along the arc of a curve to the right whose radius is 450.00 feet, a distance of
114.83 feet;
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1372499 03/06/2001 10:57A ORD Chris C. Munoz
2 of 4 R 20.00 D 0.00 Pueblo C!y Clerk & Ree
3. S 43 °09'22 "E, a distance of 213.54 feet;
4. Along the arc of a curve to the left whose radius is 550.00 feet, a distance of 460.36
feet;
5. N 88 °53'10" E, a distance of 15.00 feet;
6. Along the arc of a curve to the right whose radius is 75.00 feet, a distance of 117.81
feet to the True Point of Beginning.
Said Parcel A contains 14.94 acres, more or less,
AND
A parcel of land located within a portion of the SE 1/4 of Section 17; a portion of the
N %2 of the NE 1/4 of Section 20; and a portion of the SW 1/4 of Section 16, all being
in T.20 S., R. 64 W., of the 6th P.M. being more particularly described as follows:
TRACT II - BEGINNING at the SE corner of said Section 17; thence S 88 °53'10" W,
a distance of 60.00 feet to the westerly right -of -way line of Troy Avenue as presently
located; thence S00 °49'55 "E, along the said westerly right -of -way line, a distance of
24.71 feet; thence S62 °56'44 "W, a distance of 162.02 feet to a point on the northerly
right -of -way line of Alamosa Drive; thence along said northerly right -of -way line the
following 3 courses:
1. Along the arc of a non tangent curve to the right whose center bears N 06 °13'51"
E, having a central angle of 40 °53'36" and a radius of 450.00 feet, a distance of
321.18 feet;
2. N 42 °52'33" W, a distance of 213.54 feet;
3. Along the arc of a curve to the left having a central angle of 14 °37'15" and a
radius of 550.00 feet, a distance of 140.35 feet to the SE corner of University Village
Subdivision;
thence along the easterly line of said University Village Subdivision the following 2
courses:
1. N 37 °27'39 "E a distance of 380.74 feet;
2. N 49 °58'36" E a distance of 225.70 feet, to the most northeasterly corner of said
University Village Subdivision; thence along the northerly line of said University
Village Subdivision the following 2 courses:
1. N 27 °40'07 "W, a distance of 243.00 feet;
2. N 57'23'32" W, a distance of 206.77 feet to a point on the easterly boundary line
of the University of Southern Colorado;
thence N 43 °00'09 "E along said easterly line a distance of 861.22 feet to a point on the
west line of said SW 1/4 of Section 16; thence N 01 °06'50" W along said west line a
distance of 399.17 feet; thence S 47 °37'32" E a distance of 635.58 feet to a point of the
southerly right of way line of Troy Avenue; thence along the southerly right of way line
of Troy Avenue the following 3 courses:
1. S 42 °22'30 "W, a distance of 417.90 feet;
2. Along the arc of a curve to the left having a central angle of 43 °29'20" and a radius
of 450.00 feet, a distance of 341.56 feet;
3. thence S 01 '06'50" E, a distance of 1040.73 feet to a point on the southerly line of
said Section 16;
thence S 88 °53'10 "W along said southerly line of Section 16 a distance of 50.00 feet to
the point of beginning; Said Parcel B contains 23.83 acres, more or less
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1372499 03/06/2001 10 :57A ORD Chris C. Munoz
3 of 4 R 20.00 D 0.00 Pueblo Ct.y Clerk & Roe
is hereby approved, and all dedicated streets, utility and drainage easements, rights -of -way
and land set aside for public sites, parks and open spaces shown and dedicated on said
plat are hereby accepted for public use.
SECTION 2.
The acceptance of such dedicated streets, rights -of -way, utility and drainage easements,
public sites, parks and open spaces by the City does not obligate the City to maintain or repair
same until such streets, rights -of -way, utility and drainage easements, public sites, parks and
and open spaces have been constructed and installed in compliance and in accordance with the
requirements and provisions of Chapter 4, Title XII of the Pueblo Muncipal Code, 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 Pueblo Municipal Code meeting and complying with the subdivision require-
ments of the City have been filed with and approved by the Director of Public Works, and (b)
the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder.
If any such filings and approvals have been deferred pursuant to Section 12 -4 -5 (B) (2) of the
1971 Code of Ordinances, and are not for any reason filed and approved within one (1) year
after final passage of this Ordinance, or within any extended period granted by Resolution
of the City Council, this Ordinance shall automatically be rescinded and repealed thirty
(30) days after written notice of such rescission and repeal is given to the Subdivider. No
vested rights shall accrue to the subdivision or be acquired until this Ordinance or the final
subdivision plat becomes effective.
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1372499 03/06/2001 10:57A ORD Chris C. M unoz
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INTRODUCED September 11, 2000
2000
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City Clerk
By Al r 1
cilmZw A APPROVED
President of the City Council
PASSED AND APPOVED September 25, 200
8/30/00
Reception 1372501
03/06/2001
SUBDIVISION IMPROVEMENTS AGREEMEINT
THIS AGREEMENT is made on Z Z!'°� , 2001, between the
CITY OF PUEBLO, a Municipal Corporation ( "Ci '), and Pueblo Land, LLC
( "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
University Village Subdivision Filing No. 2, 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 124-7(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:
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 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
10/21/98
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 form 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 (1/2) 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') 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 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 persons 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 form 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.
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IN
Munoz
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b. Upon paying such deposit, the City Director of Public Works shall release
the proposed building site form 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 124-7 (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 assign of
Subdivider and may be specifically enforce 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 to 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 right -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 form the date of
application for the first building permit issued within such block. Upon
completion and written approval and acceptance of the 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
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10/21/98 1372501 03/06/2001 10:57A SUBD AG Chris C. Muno:
3 of 10 R 50.00 D 0.00 Pueblo Cty Clerk S Rec
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 purposed of the 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 facilities, stormwater detention facilities, or
maintenance and 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 specification therefor approved by, and 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 cost 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' 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 or 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, condition 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.
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1372501 03/06/2001 10:57A SUBD AG Chris C. Munoz
4 of 10 R 50.00 D 0.00 Pueblo Ct.y Clerk & Rae
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
assign of the City and upon the heirs, successors, assigns and legal
representatives of the Subdivider, and shall be recorded in the office of the
County Clerk and Recorder of Pueblo County, Colorado, and shall
constitute and 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.
Subdivider: Pueblo Land, LLC
Theodore C. Knowles, Mgr.
(SEAL)
STATE OF COLORADO
COUNTY OF PUELBO
)ss.
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1372501 03/06/2001 10 :57A SUBD AG Chris C. M1 oa
5 of 10 R 50.00 D 0.00 Pueblo MY Clerk & Roe
10/21/98
o,
The forgoing instrument was acknowledge before me on f � 0 , 2001,
by Pueblo Land, LLC Subdivider, Theodore C. Knowles, Manager.
My
City
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G o Notary Public
(P 1 ?F 60 CO�pQ� � jpp Boa i 612002
CITY OF PUELO, YMunicipal Corporation
STATE OF COLORADO )
)ss.
COUNTY OF PUEBLO )
The f egoin instrument was acknowledged before me on , 2001,
by _A1 Y , as President of City Council, and
Lt Q , as City Clerk of the City of Pueblo,
Mfi§149a Expires 08/21 / i
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APPROVED AS TO FORM:
City Attorne
10/21/98
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Chris
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My ctfrir
6 of 10
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Mfi§149a Expires 08/21 / i
expires: 3 -2 - 2003
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APPROVED AS TO FORM:
City Attorne
10/21/98
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Chris
IN
C.
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Munoz
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EXHIBIT A
A parcel of land located within a portion of the SE 1/4 of Section 17; a portion of the
North 1/2 of the NE 1/4 of Section 20; all being in T. 20 S., R. 64 W., of the 6th P.M.,
being more particularly described as follows:
TRACT I - COMMENCING at the Southeast corner of said Section 17; thence S
01 °06'50 "E., along the East line of said Section 20, a distance of 275.00 feet; thence S
88 1 53'10 "W., a distance of 60.00 feet, to the west right -of -way Line of Troy Avenue, as
presently located and the true POINT OF BEGINNING; thence along the said west right -
of-way Line, the following 3 courses:
1. S 01°06'50 "E, a distance of 38.08 feet;
2. Along the arc of a curve to the right whose radius is 440.00 feet, a distance of 229.59
feet;
3. S 28 0 47'00 "W, a distance of 16.62 feet to the northerly right -of -way Line of Colorado
State Highway No. 47 (University Boulevard), as presently located;
thence along the said northerly right -of -way Line, the following 3 courses:
1. S 69 (S 69 Hwy.), a distance of 138.80 feet;
2. N 73 °31'30 "W (S 73 0 26'30 "W, Hwy.), a distance of 562.90 feet;
3. N 61 (N 61 Hwy.), a distance of 755.40 feet to a point on the easterly
boundary line of the University of Southern Colorado;
thence along said easterly boundary line, the following 2 courses:
1. N 25 °42'E, a distance of 404.90 feet;
2. Along the arc of a curve to the right whose radius is 1200.00 feet, a distance of 167.28
feet to the southerly right -of -way Line of Alamosa Drive;
thence along the southerly right -of -way of said Alamosa Drive, the following 6 courses:
1. S 57 °46'37 "E, a distance of 452.51 feet;
2. Along the arc of a curve to the right whose radius is 450.00 feet, a distance of 114.83
feet;
3. S 43 °09'22 "E, a distance of 213.54 feet;
4. Along the arc of a curve to the left whose radius is 550.00 feet, a distance of 460.36
feet;
5. N 88 °53'10 "E, a distance of 15.00 feet;
6. Along the arc of a curve to the right whose radius is 75.00 feet, a distance of 117.81
feet to the true POINT OF BEGINNING
Said Parcel A contains 14.94 acres, more or less.
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1372301 03/06/2001 10:57A SUBD AG Chris C. Munoz Al
7 of 10 R 50.00 0 0.00 Pueblo Cty Clerk 6 Roe
A parcel of land located within a portion of the SE 1/4 of Section 17; a portion of the N
1/2 of the NE 1/4 of Section 20; and a portion of the SW 1/4 of Section 16, all being in T.
20 S., R 64 W., of the 6th P.M., being more particularly described as follows:
TRACT II - BEGINNING at the SE corner of said Section 17; thence S 88 1 53'10 "W, a
distance of 60.00 feet to the westal* right -of -way Line of Troy Avenue as presently
located; thence S 00 °49'55 "E, along the said westerly right -of -way Line, a distance of
24.71 feet; thence S 62 °5644 "W, a distance of 162.02 feet to a point on the northerly
right -of -way Line of Alamosa Drive; thence along said northerly right -of -way the
following 3 courses:
1. Along the arc of a non tangent curve to the right whose center bears N 06'13'5 l "E,
having a central angle of 40 °5336" and a radius of 450.00 feet, a distance of 321.18 feet;
2. N 42 °5233 "W, a distance of 213.54 feet;
3. Along the arc of a curve to the left having a central angle of 14 °3715" and a radius of
550.00 feet, a distance of 140.35 feet to the SE comer of University Village Subdivision.
thence along the easterly line of said University Village Subdivision the following 2
courses:
1. N 37 0 27'39 "E a distance of 380.74 feet;
2. N 49 °5836 "E a distance of 225.70 feet, to the most northeasterly corner of said
University Village Subdivision; thence along the northerly line of said University Village
Subdivision the following 2 courses:
1. N 27 °40'07 "W, a distance of 243.00 feet;
2. N 57 0 23'32 "W a distance of 206.77 to a point on the easterly boundary line of the
University of Southern Colorado;
thence N 43 °00'09 "E along said easterly line a distance of 861.22 feet to a point on the
west line of said SW 1/4 of Section 16; thence N 01 1 06'50 "W along said west line a
distance of 399.17 feet; thence S 47 0 3732 "E a distance of 635.58 feet to a point of the
southerly right of way line of Troy Avenue; thence along the southerly right of way line
of Troy Avenue the following 3 courses:
1. S 42 °22'30 "W a distance of 417.90 feet;
2. Along the are of a curve to the left having a central angle of 43 0 29'20" and a radius of
450.00 feet, a distance of 341.56 feet;
3. thence S 01 0 06'50 "E a distance of 1041.70feet to a point on the southerly line of said
Section 16;
thence S 89 0 59'56 "W along said southerly line of Section 16 a distance of 50.01 feet to
the POINT OF BEGINNING.
Said Parcel B contains 23.83 acres, more or less.
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1372501 03/06/2001 10:57A SUED AG Chris C. Munoz A2
8 of 10 R 50.00 D 0.00 Pueblo C!y Clerk & Roe
UMIVERISITY VILLAGE SUBDIVISION FILIMG Mo. 2, A SPECIAL AREA PLAN
OFFSITE IMPROVEMENTS COST ESTIMATE
EXHIBIT B
Street Improvements - Troy Ave. N. of Alamosa UNITS QUANTITY PER UNIT TOTAL COST
4" Asphalt on 18" ABC
Remove Curb & Gutter
6" Standard Curb & Gutter
6" Type 2 Curb & Gutter
Handicap Ramps
Monument Boxes
Street Stop Light
Street Signs
Street Lights
Barricade
SY
11108
$30.00
$333,236.67
LF
456
$3.00
$1,368.00
LF
3736
$10.00
$37,360.00
LF
1 3852.5
$10.00
$38,525.00
SF
756
$3.50
$2,646.00
EA
3
$575.00
$1,725.00
EA
1
$200,000.00
$200,000.00
EA
1
$600.00
1 $600.00
EA
10
$1,300.00
$13,000.00
EA
1
$1,125.00
$1,125.00
SUBTOTAL $629,585.67
Street Improvements - Troy Ave. S. of Alamosa UNITS QUANTITY PER UNIT TOTAL COST
4" Asphalt on 22" ABC
Remove Curb & Gutter
6" Standard Curb & Gutter
6" Type 2 Curb & Gutter
SY
759
$30.00
$22,770.00
LF
1492
$3.00
$4,476.00
LF
916
$10.00
$9,160.00
LF
1 1240
1 $10.00
$12,400.00
SUBTOTAL $48,806.00
Water - Troy Ave. UNITS QUANTITY PER UNIT TOTAL COST
Fire Hydrant
Water Service
16" Water Main
EA
4
$2,500.00
$10,000.00
EA
2
$850.00
$1,700.00
LF
2126
$35.00
$74,410.00
SUBTOTAL $86,110.00
Sanitary Sewer - Troy Ave. UNITS QUANTITY PER UNIT TOTAL COST
48" Dia Manholes
Sewer Services
8" PVC Sanitary Sewer Main
EA
5
$2,170.00
$10,850.00
EA
1
$1,033.00
$1,033.00
LF
1792
$29.00
$51,968.00
SUBTOTAL $63,851.00
1 1 IN 1111111111111111111 IN 1111
1372501 03/06/2001 10:57A SUBD AG Chris C. Munoz
9 of 10 R 50.00 D 0.00 Pueblo Ct,y Clerk 8 Rec
Estimate Prepared by: Mangini Associates, Inc.
Date:3 /5/01
Estimate Figures Based on: City of Pueblo RS Means
C1
UNIVERISITY VILLAGE SUBDIVISION FILING No. 2 A SPECIAL AREA PLAN
OFFSITE IMPROVEMENTS COST ESTIMATE
EXHIBIT B
Drainage UNITS QUANTITY PER UNIT TOTAL COST
Outlet Structure
60" Manhole
72" Manhole
36" Storm Pipe
42" Storm Pipe
60" Storm Pipe
Rip -rap
EA
2
$3,000.00
$6,000.00
EA
3
$2,000.00
$6,000.00
EA
1
$2,500.00
$2
LF
1084
$64.00
$69,376.00
LF
191
$80.00
$15,280.00
LF
236
$144.00
$33,984.00
CY
1 452
1 $50.00
1 $22,600.00
SUBTOTAL $155,740.00
GRAND TOTAL $984,092.67
Miscellaneous Contingincies @ 15% $147,613.90
GRAND TOTAL $1,131,706.57
Reviewed By: a/ . &,—
City of Pueblo ---3 t-
1 11111111111 VIII 1111111 I'll 11111111111 I1
1372501 03/06/2001 10:57A SUBD AS
10 of 10 R 30.00 D 0.00 Pueblo Cty
Date:
Estimate Prepared by: Mangini Associates, Inc.
Date:3 /5/01
Estimate Figures Based on: City of Pueblo RS Means
1 111111111 1111
Chris C. Muno:
Clerk & Roe
C2
Reception 1372302
03/06/2001
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(University Village Subdivision, Filing No. 2, A Special Area Plan)
Whereas, Pueblo, a municipal corporation (the "City ") and Pueblo Land, LLC as
subdivider (the "Subdivider ") entered into a Subdivision Improvements Agreement dated
car. -u Z2 M 2001 (the "Agreement "), for University Village Subdivision, Filing No.
2, A Special Area Plan (the "Subdivision ").
Now therefore, in consideration of the foregoing, approval of the Agreement by
City, and the mutual covenants contained herein, City and Subdivider agree as follows:
1. The capitalized terms in this Addendum shall have the same meaning as
those terms are used in the Agreement unless the context clearly
provides otherwise.
2. This addendum shall be incorporated in and become a part of the
Agreement and enforceable as provided in the Agreement.
3. The Required Public Improvements described in Exhibit B to the
Agreement includes the construction and installation of Troy Avenue
north of Troy Avenue's intersection with Alamosa Drive (the "Troy Avenue
Improvements ") .
4. If Subdivider deposits cash or other collateral approved by City with the
City Director of Finance or with any bank or trust company licensed in
the state of Colorado, a pursuant to an escrow agreement approved by
the City Attorney (the "Deposit ") within 180 days after the issuance of the
first building permit to construct any building or structure upon any
building site within the Subdivision, the construction and installation of
Troy Avenue Improvements may be deferred until the occurrence of the
earlier of the following events: (i) three (3) years after the date of
execution of the Agreement by City and Subdivider or (ii) the Director of
Public Works determines that the Troy Avenue Improvements are
required or necessary in the public interest.
5. The Deposit described in paragraph 4 above shall be in an amount equal
to 100% of the cost to construct and install the Troy Avenue
Improvement as determined by the City's Director of Public Works.
6. Upon occurrence of the earliest of the events described in paragraph 4
above. Subdivider will at its sole cost and expense commence
construction and installation, and diligent completion of the Troy Avenue
Improvement and thereafter diligently prosecute such construction and
installation to completion in compliance with all applicable City
ordinances, codes, regulations and standards.
7. Upon failure, refusal, or neglect of Subdivider or any subsequent owner
of land within the Subdivision to make the Deposit or to commence
construction and installation, and diligent completion of the Troy Avenue
Improvement within the times specified in paragraph 4 above, no
additional building permits shall be issued to 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 to
the satisfaction of City's Director of Public Works. In addition, City may
treat the amount of the 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 in the office of the
Pueblo County Clerk and Recorder at any time after such default. This
Addendum may be specifically enforced against the Subdivider and
subsequent owners of the land within the Subdivision. All remedies
�r
provided for in this Addendum and the Agreement are cumulative and
the use of one shall not preclude the use of another.
8. 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 CityandSubdivider and their respective heirs, personal
representatives, successors, and assigns.
Executed at Pueblo, Colorado as of N/d 'may ,2001.
SUBDI .
By _Pueblo Land. C
Name Theodore C. Knowles
Title Manager
COUNTY OF PUEBLO
The fore�omg ins ent was acknowledged before me this 22x A.
day of l� , 2001 by Pueblo Land, LLC, Theodore C.
Knowles, Mgr.
��� pARL /
Witness my hand and official seal. p-T A,q�.,•
My commission expires: MYC0MM11" 11
•o
N
les e e Q Qi
>` U �. •
� •..."
.• o
F OF CO�'�9
111111 IIIII IIIII 1111111 IN 11111111111111111111 IN
1372502 03/06/2001 10:57A ADD AG Chris C
2 of 2 R 10.00 D 0.00 Pueblo Cty Clerk & Ree
STATE OF COLORADO
SS.
Reception 1372503
03/06/2001
RATIFICATION OF PLAT
FOR VALUE RECEIVED, the der igned being the owner of indebtedness secured by
a deed of trust recorded 02 9 Db at Instrument No. /04 r A &u 4,4-13 4—e
does hereby ratify and consent tot the subdivision of land platted as University Village
Subdivision Filing No. 2, A Special Area Plan shown on the Subdivision Plat recorded at
Reception No. 1-56416o of the records of Pueblo County, Colorado, and
confirms and joins in the dedication of all streets, easements, rights of way and access
restrictions shown thereon and subordinates its interest in the property described in the
Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto
between the Subdivider and the City of Pueblo executed in conjunction therewith.
Signed this /5 day of 2001.
Pueblo Bank & Trust
By:
Robert L. Easton Jr.
Title: mom - LoaW er- 2
STATE OF COLORADO)
COUNTY OF PUEBLO)
S.S.
,'he foregoing instrument was acknowledged before me
this Z.f�::f'! day ofd , 2001 by Robert L. Easton Jr. ash v `C
Commercial Loan Officer of, Piffeblo Bank & Trust.
My Commission Expires MY COMMISSION EXPIRES
Notary Public
d
F�
t)
Reception 1372504
03/06/2001
DECLARATION OF COVENANTS CONCERNING
DRAINAGE AND INGRESS & EGRESS EASEMENTS FOR UNIVERSITY
VILLAGE SUBDIVISION FILING No. 2, A SPECIAL AREA PLAN and
UNIVERSITY VILLAGE SUBDIVISION FILING No. 1.
THIS DECLARATION OF COVENANTS is made as of 71 , 2001 by
Pueblo Land, LLC, herein the "Declarant."
DEFINITIONS
"Easement" means and includes the land shown and dedicated on the plat of the
Subdivision, or otherwise granted or dedicated in or outside of the Subdivision, for
drainage, detention, streets, sidewalks, and utility purposes that serves or benefits the
Subdivision. Easements granted or dedicated outside of the Subdivision are described in
the attached Exhibit `B"
"Facilities" means and includes private drainage and ingress & egress
improvements, located in an Easement.
"Lot" means a lot or other designated parcel of land within the Subdivision other
than Easements.
"Lot Owner" means and includes all persons and entities having any right, title, or
interest in and to a lot, or any part thereof.
"Subdivision" means University Village Subdivision Filing No. 1 and University
Village Subdivision Filing No. 2, A Special Area Plan.
"Subject Property" means Lot 1, Block 1, University Village Subdivision Filing
No. 1 and Lots 1 -2, Block 2 University Village Subdivision Filing No. 2, A Special Area
Plan located in Pueblo County, Colorado.
RECITALS
A. Declarant is the record owner of, and has fee simple title to the Subject
Property.
B. Declarant intends to subdivide a portion of the subject property. The
balance of the Subject Property has been platted.
C. Declarant desires to provide for the orderly development of the
Subdivision and to insure the proper installation, maintenance and repair of the
Easements and Facilities.
NOW, THEREFORE, Declarant declares that the Subject Property and all Lots
within the Subdivision shall be held, transferred, sold, conveyed, occupied and used
subject to the following covenants, conditions and restrictions:
1. Purpose The purpose of the covenants and provisions of this Declaration
of Covenants is to insure the proper and orderly development of the Subject Property
and to provide a reasonable method to maintain and repair the Easements and Facilities to
the benefit of all the Lots within the Subdivision.
2. Covenants.
(a) Declarant shall install the Easements and Facilities in accordance
with plans and specifications therefor approved by, and on file with the City of Pueblo.
Declarant shall record this Declaration of Covenants in the office of the Pueblo County
Clerk and Recorder contemporaneously with but immediately after the recording of the
plat of the Subdivision.
(b) Each Lot Owner shall be primarily responsible for maintaining the
Facilities in good working order and condition and for the repair and replacement of the
Facilities located in an Easement on or adjacent to such Lot Owner's Lot; provided,
however, that all Lot Owners shall be jointly and severally liable for maintaining the
Facilities in good working order and condition and for the repair and replacement of the
Facilities.
(c) The City of Pueblo is granted the right at its option (but not the
obligation) to inspect, control, repair, maintain and replace the Facilities and to recover
all cost and expenses thereof plus an administrative charge of 15% from the Lot Owners.
All such City's cost and administrative charge shall become a perpetual lien on all the
Lots within the Subdivision upon recording in the office of the Pueblo County Clerk and
Recorder a statement of lien setting forth City's cost and describing the Lots 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 of Pueblo to any liability for
such failure.
3. Binding Effect Each of the covenants and provisions of this Declaration
of Covenants shall run with the Subject Property and Lots within the Subdivision, and
shall forever be binding upon and inure to the benefit of all Lot Owners and their
respective heirs, personal representatives, successors and assigns.
4. Enforcement.
(a) The covenants and provisions of this Declaration of Covenants
shall be enforceable at law or in equity by any Lot Owner or the City of Pueblo against
any person or entity violating, attempting to violate, or not complying with any of the
covenants and provisions of this Declaration of Covenants.
1 1 1111 IN
1372504 03/06/2001 10:57A DEC C Chris C. Munos
2 of 4 R 20.00 D 0.00 Pueblo C!y Clerk & Ree
(b) Failure of any Lot Owner or the City of Pueblo to enforce any of
the covenants or provisions of this Declaration of Covenants shall in no event constitute
or be deemed to constitute a waiver of the right to do so thereafter, and shall not subject
any Lot Owner or the City of Pueblo to any liability for failure to enforce.
(c) The enforcing party may seek and recover damages or injunctive
relief, or both. In the event of any action or litigation arising out of or to enforce this
Declaration of Covenants, the Court shall award the prevailing party its costs and
expenses including reasonable attorney fees. Venue for any such action shall be in the
District Court In And For The County of Pueblo, State of Colorado and, for purposes
thereof, Declarant and all Lot Owners agree to submit to the jurisdiction of that Court.
5. Survival Invalidation of any one of the covenants or provisions of this
Declaration of Covenants whether by final judgment or court order shall not affect any of
the remaining covenants or provisions, which shall remain in full force and effect.
6. Modification Neither this Declaration of Covenants nor any of the
provisions hereof may be canceled, terminated, amended or modified without the prior
written consent of all the Lot Owners and the City of Pueblo.
7. Applicable Law This Declaration of Covenants shall be construed,
interpreted and enforced in accordance with the laws of the State of Colorado.
Executed the day and year first above written.
DECLARANT Pueblo Land, L C
Theodore C. Knowles, Manager
COUNTY OF )
SS.
STATE OF COLORADO 1
foregoing instrument was acknowledged before me this � day f
2001 by - 0, eyd ave- C • k4w�lPs� I Pd -a l- Ld 4, u.e .
Witness my hand and official seal.
My commission expires: _ ye oa Irma 111 05120 02
[ SEAL ]
Notary Public
, Oq�
v� �G
k ••eC 1 G
C OLOR
11111111111111111 IN 111111 IN
1372504 03/06/2001 10:57A DEC C Chris C. Munos
3 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Roe
EXHIBIT B
Drainage Easement
An easement located within a portion of the SW' /4 of Section 16, Township 205, Range 64W of
the 6th Prinicipal meridian being more particularly described as follows:
BEGINNING at a point on the south line of said SW ' / 4 from which the SW corner of said
Section 16 bears S 89 °59'56 "W (bearings based on the west line of said SW' /4 of Section 16,
monumented at the W '/4 corner of said section with a No. 5 rebar and monumented at said SW
corner with an axle, assumed to bear N O1 °06'50 "W) a distance of 50.01 feet, said point being on
the easterly right -of -way line of said Troy Avenue as presently located; thence N O1 °06'50 "W
along said right -of -way a distance of 539.68 feet; thence southerly and easterly along the
following five (5) courses;
1. S 22 °23'08 "E a distance of 124.49 feet;
2. N 89 °59'56 "E a distance of 80.54 feet;
3. S 60 °00'04 "E a distance of 132.89 feet;
4. S 15 0 00'04 "E a distance of 246.26 feet;
5. S 00 0 00'04 "E a distance of 120.15 feet to a point on said south line of the SW '/4
of Section 16;
Thence S 89 along said south line a distance of 296.30 feet to the POINT OF
BEGINNING.
Said parcel contains 2.63 acres more or less
-- -
1 4 ,7 7 1 of
DA E
I 111111111111111111111 MIN IN 11111111111 IN
1372504 03/06/2001 10:57A DEC C Chris C. Munoz
4 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Reo
Professional Engineers & Land Surveyors
Reception 1372303
03/06/2001
DECLARATION OF COVENANTS CONCERNING
DRAINAGE AND INGRESS & EGRESS EASEMENTS FOR UNIVERSITY
VILLAGE SUBDIVISION FILING No. 2, A SPECIAL AREA PLAN
THIS DECLARATION OF COVENANTS is made as of Lt , 2001 by
Pueblo Land, LLC, herein the "Declarant."
DEFINITIONS
"Easement" means and includes the land shown and dedicated on the plat of the
Subdivision for drainage, detention, streets, sidewalks, and utility purposes that serve or
benefit the Subdivision.
"Facilities" means and includes private drainage and ingress & egress
improvements as shown on plat, located in an Easement.
"Lot" means a lot or other designated parcel of land within the Subdivision other
than Easements.
"Lot Owner" means and includes all persons and entities having any right, title, or
interest in and to a lot, or any part thereof.
"Subdivision" means University Village Subdivision Filing No. 2, A Special Area
Plan.
"Subject Property" means Lots 1 -5, Block 1, University Village Subdivision
Filing No. 2, A Special Area Plan located in Pueblo County, Colorado.
RECITALS
A. Declarant is the record owner of, and has fee simple title to the Subject
Property.
B. Declarant intends to or has subdivided the Subject Property and platted the
Subject Property as the Subdivision.
C. Declarant desires to provide for the orderly development of the
Subdivision and to insure the proper installation, maintenance and repair of the
Easements and Facilities.
NOW, THEREFORE, Declarant declares that the Subject Property and all Lots
within the Subdivision shall be held, transferred, sold, conveyed, occupied and used
subject to the following covenants, conditions and restrictions:
1. Purpose The purpose of the covenants and provisions of this Declaration
of Covenants is to insure the proper and orderly development of the Subject Property
and to provide a reasonable method to maintain and repair the Easements and Facilities to
the benefit of all the Lots within the Subdivision.
2. Covenants.
(a) Declarant shall install the Easements and Facilities in accordance
with plans and specifications therefor approved by, and on file with the City of Pueblo.
Declarant shall record this Declaration of Covenants in the office of the Pueblo County
Clerk and Recorder contemporaneously with but immediately after the recording of the
plat of the Subdivision.
(b) Each Lot Owner shall be primarily responsible for maintaining the
Facilities in good working order and condition and for the repair and replacement of the
Facilities located in an Easement on or adjacent to such Lot Owner's Lot; provided,
however, that all Lot Owners shall be jointly and severally liable for maintaining the
Facilities in good working order and condition and for the repair and replacement of the
Facilities.
(c) The City of Pueblo is granted the right at its option (but not the
obligation) to inspect, control, repair, maintain and replace the Facilities and to recover
all cost and expenses thereof plus an administrative charge of 15% from the Lot Owners.
All such City's cost and administrative charge shall become a perpetual lien on all the
Lots within the Subdivision upon recording in the office of the Pueblo County Clerk and
Recorder a statement of lien setting forth City's cost and describing the Lots 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 of Pueblo to any liability for
such failure.
3. Binding Effect Each of the covenants and provisions of this Declaration
of Covenants shall run with the Subject Property and Lots within the Subdivision, and
shall forever be binding upon and inure to the benefit of all Lot Owners and their
respective heirs, personal representatives, successors and assigns.
4. Enforcement.
(a) The covenants and provisions of this Declaration of Covenants
shall be enforceable at law or in equity by any Lot Owner or the City of Pueblo against
any person or entity violating, attempting to violate, or not complying with any of the
covenants and provisions of this Declaration of Covenants.
(b) Failure of any Lot Owner or the City of Pueblo to enforce any of
the covenants or provisions of this Declaration of Covenants shall in no event constitute
or be deemed to constitute a waiver of the right to do so thereafter, and shall not subject
any Lot Owner or the City of Pueblo to any liability for failure to enforce.
111111111111111111111111111111 I'll 11111111111111111111111 IIII
1372505 03/06/2001 10:57A DEC C Chris C. Muno:
2 of 3 R 15.00 D 0.00 Pueblo C!y Clerk 6 Roc
(c) The enforcing party may seek and recover damages or injunctive
relief, or both. In the event of any action or litigation arising out of or to enforce this
Declaration of Covenants, the Court shall award the prevailing party its costs and
expenses including reasonable attorney fees. Venue for any such action shall be in the
District Court In And For The County of Pueblo, State of Colorado and, for purposes
thereof, Declarant and all Lot Owners agree to submit to the jurisdiction of that Court.
5. Survival Invalidation of any one of the covenants or provisions of this
Declaration of Covenants whether by final judgment or court order shall not affect any of
the remaining covenants or provisions, which shall remain in full force and effect.
6. Modification Neither this Declaration of Covenants nor any of the
provisions hereof may be canceled, terminated, amended or modified without the prior
written consent of all the Lot Owners and the City of Pueblo.
7. Applicable Law This Declaration of Covenants shall be construed,
interpreted and enforced in accordance with the laws of the State of Colorado.
Executed the day and year first above written.
DECLARANT Pueblo Land, LC
Theodore C. Knowles, Manager
COUNTY OF )
SS.
STATE OF COLORADO )
r e foregoing instrument was acknowledged before me this 9? day of
l -R , 2001 by f�tA d,4v�-6 'c' C Cv►. d, L G C
Witness my hand and officii�J%J&dWw EVirOs 11/020
My commission expires:
AR /N
TA
.0 �l=•.
[ SEAL ]
G.'
gj,�oFBI.�oPa�
CO
Lv--� -(� 6�� ' -/
Notary Public
I
1372503 03/06/2001 10:57A DEC C Chris C. Munoz
3 of 3 R 15.00 D 0.00 Pueblo Cty Clerk & Rec
Reception 1372506
03/06/2001
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 7 -7 A day of �,2001
by Pueblo Land, LLC, 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 for the purpose of drainage, in, through, over, under and across GRANTOR'S
property situated in Pueblo County, Colorado, described in the attached Exhibit "A" (the
Property).
GRANTOR will install storm water drainage swale and appurtenant facilities (the
"Facilities ") in the Property in accordance with plans and specifications therefor
approved by, and on file with GRANTEE, and, thereafter, GRANTOR shall maintain the
Facilities in good working order under condition, and repair and replace the Facilities.
GRANTEE shall have the right at its option (but not the obligation) to inspect,
control, maintain, repair, and replace the Facilities and recover all costs and expenses
thereof plus an administrative charge of 15% from the GRANTOR. For such purposes,
GRANTEE is granted the right to enter upon the Property and adjoining property of the
GRANTOR. Failure of GRANDE to inspect, control, maintain, repair, or replace the
Facilities shall not subject the GRANTEE to any liability for such failure.
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 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 ' ;; '1 day of , 2001.
1111111111111111111111111111 HIM I IN
1372306 03!06/2001 10:37A EASE Chris C. M
2 of 3 R 13.00 D 0.00 Pueblo C1.y Clerk & Rae
GRANTOR:
B 4 ee OJ
Pueblo Land, LLC
Theodore C. Knowles, Manager
COUNTY OF DENVER )
SS.
STATE OF COLORADO )
The r e ing instrument was acknowledged before me this � day of
, 2001 by Pueblo Land, LLC, Theodore C. Kno les, Manager.
Witness my hand and official seal.
My commission expires:
CptrML -Ww E*rbs 11/0512002
Notary Public
[ SEAL
.
,G:
cPT `lt�: A FBC �,U�
1 111111 1111111111 1111111 IN 111111111111111111111111111 IN
1372306 03/06/2001 10:57A EASE Chris C. Munoz
3 of 3 R 15.00 D 0.00 Pueblo Cty Clerk A Roe
EXHIBIT A
Drainage Easement for University Village Subdivision Filing No. 1
An easement located within a portion of University Village Subdivision Filing No. 1, according
to that plat filed for record July 22, 1987 in Book 2357 at Page 775 in the records of the Pueblo
County Clerk and Recorder, said easement being ten feet in width and being more particularly
described as follows:
BEGINNING at the northwest corner of said University Village Subdivision Filing No. 1; thence
southerly and easterly along the north line of said subdivision the following tow (2) courses;
1. S 57 °23'32 "E a distance of 206.77 feet;
2. S 27 °40'07 "E a distance of 243.00 feet to the northeast corner of said
subdivision;
Thence S 49 °58'36 "W, along the easterly line of said subdivision, a distance of 12.80 feet; thence
northerly and westerly parallel to the said north line the following two (2) courses;
N 27 °40'07 "W a distance of 242.42 feet;
N 57 °23'32 "W a distance of 205.75 feet to a point on the westerly line of said
subdivision;
Thence N 43 °00'09 "E, along said westerly line a distance of 12.71 feet to the POINT OF
BEGINNING.
Said parcel contains 0.13 acres more or less
s . , . ► _t-
Z
DA
Professional Engineers & Land Surveyors
Reception 1372507
03/06/2001
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this A7# day of 1 2001
by Pueblo Land, LLC, 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 for the purpose of drainage, in, through, over, under and across GRANTOR'S
property situated in Pueblo County, Colorado, described in the attached Exhibit "A" (the
Property).
GRANTOR will install storm water drainage pond and appurtenant facilities (the
"Facilities ") in the Property in accordance with plans and specifications therefor
approved by, and on file with GRANTEE, and, thereafter, GRANTOR shall maintain the
Facilities in good working order under condition, and repair and replace the Facilities.
GRANTEE shall have the right at its option (but not the obligation) to inspect,
control, maintain, repair, and replace the Facilities and recover all costs and expenses
thereof plus an administrative charge of 15% from the GRANTOR. For such purposes,
GRANTEE is granted the right to enter upon the Property and adjoining property of the
GRANTOR. Failure of GRANTEE to inspect, control, maintain, repair, or replace the
Facilities shall not subject the GRANTEE to any liability for such failure.
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 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 9 A day of / j6 _ 52001.
1 111111 VIII 1111111111111 IN 11111111111 IN
1372507 03/06/2001 10:57A EASE Chris C. Munoz
2 of 3 R 15.00 D 0.00 Pueblo C!y Clerk & Rec
GRANTOR:
By u LL
Pueblo Land, LLC
Theodore C. Knowles, Manager
COUNTY OF )
SS.
STATE OF COLORADO )
The fdr" a oing instrument was acknowledged before me this � day of
2001 by Pueblo Land, LLC, Theodore C. Knowles,
L c OA - ' 6 T EAA Witness my ha nd and official seal. ✓, My commission expires: UW Cornnission Expires Notary Publi
[ SEAL ]
111111111111111111 111111 111111111111111 iii 1111111111111
1372507 03/06/2001 10:57A EASE Chris C. Mu
3 of 3 R 15.00 D 0.00 Pueblo C!y Clerk & Roo
EXHIBIT A
Drainage Easement
An easement located within a portion of the SW '/4 of Section 16, Township 20S, Range 64W of
the 6 h Prinicipal meridian being more particularly described as follows:
BEGINNING at a point on the south line of said SW '/4 from which the SW corner of said
Section 16 bears S 89 °59'56 "W (bearings based on the west line of said SW '/4 of Section 16,
monumented at the W '/4 corner of said section with a No. 5 rebar and monumented at said SW
corner with an axle, assumed to bear N 01'06'50"W) a distance of 50.01 feet, said point being on
the easterly right -of -way line of said Troy Avenue as presently located; thence N 01 °06'50 "W
along said right -of -way a distance of 539.68 feet; thence southerly and easterly along the
following five (5) courses;
1. S 22 °23'08 "E a distance of 124.49 feet;
2. N 89 °59'56 "E a distance of 80.54 feet;
3. S 60 °00'04 "E a distance of 132.89 feet;
4. S 15 °00'04 "E a distance of 246.26 feet;
S 00 °00'04 "E a distance of 120.15 feet to a point on said south line of the SW '/4
of Section 16;
Thence S 89 °59'56W along said south line a distance of 296.30 feet to the POINT OF
BEGINNING.
Said parcel 2.63 acres more or less
Z [ 7, 7 / of
DATE
Professional Engineers & Land Surveyors
Reception 1372308
03/06/2001
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 2-7 day of eb a r 1 ,2001
by PUEBLO LAND, LLC, GRANTOR, to Pueblo, a Municipal Corpor tion,
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 and public
improvements, in, through, over, under and across GRANTOR'S property situated in
Pueblo County, Colorado, described in the attached Exhibit "A" and `B" (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 - ; L 7 day of Feo(vl-a -a - 1 , 2001.
GRA
Z,
Pueblo Land, LLC
Theodore C. Knowles, Manager
COUNTY OF
STATE OF COLORADO ) I IIIIII HIM 111111 MIN 1111 IIIIII 11111 111 IIIII 1111 1111
23ofg4aR 20-00 2000 .00:PuebloSCl,yh C . M unoz
Clark&Ree
The foreog instrument was acknowledged before me this da
2001 by Pueblo Land, LLC. '
ARL°
d
:a
002 • °• ••! ° U� Q�
My commission expires: w c� Eir�s 110512 s � g TE o f �p��
Notary Public
[SEAL]
Witness my hand and official seal.
EXHIBIT A
SIDEWALK EASEMENT
An easement located within a portion of W 1 /2 of the SW' /4 of Section 16; Township 20
South, Range 64 West of the 6 Principal Meridian, being more particularly described as
follows:
BEGINNING at a point on the south line of said Section 16, from which the SW corner
of said Section 16 bears S 89 °59'56 "W, a distance of 50.01 feet; thence N 01 °06'50 "W a
distance of 1041.70 feet; thence along an arc of a curve to the right having a central angle
of 43'29'17" and a radius of 450.00 feet, a distance of 341.56 feet; thence N 42 °22'28 "E
a distance of 417.90 feet; thence S 47 °37'32 "E a distance of 5.00 feet; thence
S 42 0 22'28 "W a distance of 417.90 feet; thence along an arc of a curve to the left having
a central angle of 43 and a radius of 445.00 feet, a distance of 337.76feet; thence
S 01 °06'50 "E a distance of 619.98 feet; thence S 2 °23'22 "E a distance of 404.19; thence
S 01 0 06'50"E a distance of 17.90 feet to a point on the south line said Section 16; thence
S 89 0 59'56 "W along said south line of Section 16 a distance of 14.00 feet to the POINT
OF BEGINNING
Said parcel contains 0.3 acres more or less.
4 — _ A al
PRO D SURVEYOR NO. 16128 DATE
X1111 111111111111111111
qg l 1111111111 11111110.57A EASE Chris C- Mun
508 03/0 6 /2 00 Clerk & Re
3 of 4 R 20.00 D 0.00 Pueblo Cf.y
Professional Engineers & Land Surveyors
EXHIBIT B
CUL-DE -SAC EASEMENT
An easement located within a portion of W '/Z of the SW '/4 of Section 16; Township 20
South, Range 64 West of the 6' Principal Meridian, being more particularly described as
follows:
BEGINNING at a the most northeasterly corner of University Village Subdivision Filing
No. 2, A Special Area Plan, according to the recorded plat thereof, thence
N 47 1 37'32 "W along the northern boundary line of said subdivision, a distance of 100.00
feet to a point on the westerly right -of -way of Troy Avenue; thence N 42 °22'28 "E a
distance of 94.00 feet; thence S 47 1 37'32 "E a distance of 100.00 feet, thence
S 42 1 22'28 "W a distance of 94.00 feet to the POINT OF BEGINNING
Said parcel contains 0.22 acres more or less.
�L
—a 7 _
fiTF OF C�3� -
111111 1IIIl Illll IIIIIIIIIIIII IN 11111111111111 IN
1372508 03/06/2001 10:57A EASE Chris C. Munoz
4 of 4 R 20.00 D 0.00 Pueblo Cty Clerk 8 Roc
Professional Engineers & Land Surveyors