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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; 1 11111111111111111111111 1111 11111111111 iii 11111 IIII iii 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 11111111111111111111111111111111111111111 1111111111111 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. 111111 IIIII IIIII 111111! Ills 11111 illlil III IIIII IIII 1372499 03/06/2001 10:57A ORD Chris C. M unoz 4 of 4 R 20.00 D 0.00 Pueblo C!y Clerk & Rae INTRODUCED September 11, 2000 2000 ti ` R Q� r � �Y• lte.� � 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. 10/21/98 1 11111111111111111111 1372301 MIN 1111111111111111111111111111111 03/06/2001 10:57A SUED AG Chris C. IN Munoz 2 of 10 R 50.00 D 0.00 Pueblo Ct.y Clerk & Roe 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 1111111 HIM 111111111111111111 I'll 11111111111111111111111 IN 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. 10/21/98 11111111111111111 MIN IIII MIN 11111111111111111 IN 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. 1 111111 11111 11111 1111111 IN 111111111111111111111111111 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 n �� e � S • • 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 expires: 3 -2 - 2003 r - W avivou"), � ic APPROVED AS TO FORM: City Attorne 10/21/98 1 1111111111 1372501 03/06/2001 10:57A SUED AG Chris -� My ctfrir 6 of 10 R 30.00 D 0.00 Pueblo C!y Clerk & Roe Mfi§149a Expires 08/21 / i expires: 3 -2 - 2003 r - W avivou"), � ic APPROVED AS TO FORM: City Attorne 10/21/98 1 1111111111 1372501 03/06/2001 10:57A SUED AG Chris IN C. 1111 Munoz 6 of 10 R 30.00 D 0.00 Pueblo C!y Clerk & Roe T f ' r 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. 1 11111111111111111111111111 MIN IN 11111111111111111111111 IN IN 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. 1111111111111111111111111111111111 HIM 11111111 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