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HomeMy WebLinkAbout06601Reception 1372729 03/07/2001 ORDINANCE NO. 6601 AN ORDINANCE APPROVING THE PLAT OF RIDGE GATE FILING NO. 3 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Ridge Gate Filing No. 3 Subdivision, being a subdivision of land legally described as: A parcel of land in the NW 1/4 of Section 12, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the West line of the NW 1/4 of said Section 12 to bear N.00 °31' 24" W. and all bearings contained herein being relative thereto. Beginning at the Northeast corner of Ridge Gate, Filing No. 1, a Special Area Plan, according the recorded plat thereof, filed for record August 24, 1983; thence Westerly, along the North boundary line of said Filing No. 1, the following eleven (11) courses: 1. S.89 0 03'44 "W., a distance of 130.00 feet; 2. S.00 0 56'16" E., a distance of 16.34 feet; 3. S.89 0 03'44 "W., a distance of 75.00 feet; 4. N.59 0 27'48 "W., a distance of 142.69 feet; 5. S.30 0 32'12" W., a distance of 33.51 feet; 6. along the arc of curve to the right whose radius is 170 feet, a distance of 18.85 feet; 7. N.53 0 06'36" W., a distance of 70.00 feet; 8. S.47 0 47'20 "W., a distance of 37.82 feet; 9. S.69 0 35'12" W., a distance of 37.82 feet; 10. S.88 0 31'06" W., a distance of 41.57 feet; 11. N.89 0 17'37 "W., a distance of 219.99 feet to the West right -of -way line of Outlook Boulevard, as platted in said Ridge Gate, Filing No. 1; Thence Northerly, along the future West right -of -way line of said Outlook Boulevard the following four (4) courses: 1. N.00 0 42'23 "E., a distance of 11.48 feet; 2. along the arc of a curve to the right whose radius is 650 feet, a distance of 381.56 feet; 3. N.34 0 20'24 "E., a distance of 788.63 feet; 4. along the arc of a curve to the left whose radius is 550 feet, a distance of 531.21 feet to the future North right -of -way line of Ridge Drive (Coronis Drive ); thence Southeasterly, along said future North right -of -way line the following four (4) courses: 1. N.73 0 10'19" E., a distance of 199.51 feet; 2. along the arc of a curve to the right whose radius is 390 feet, a distance of 458.89 feet; 3. 5.39 0 24'40 "E., a distance of 656.42 feet; 4. along the arc of a curve to the left whose radius is 310 feet, a distance of 210.53 feet to the West subdivision boundary line of Skyview, according to the recorded plat thereof, filed for record November 5, 1980, thence 5.04 °39'27 "E., along said West subdivision boundary line, a distance of 385.14 feet; thence N.89 °59'19" W., a distance of 919.21 feet; thence 5.44 °32'12" W., a distance of 280.63 feet; thence 5.00 °56'16" E., a distance of 276.45 feet to the point of beginning, containing 35.025 acres, is hereby approved, and all dedicated streets, utility and drainage easements, rights -of -way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The acceptance of such dedicated streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the 1971 Code of Ordinances, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this ordinance and the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforce- ment or nonenforcement of this ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this ordinance or in the City's subdivision ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. SECTION 4. This ordinance shall be approved upon final passage but shall not become effective until (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the 1971 Code of Ordinances meeting and complying with the subdivision require- ments of the City have been filed with and approved by the Director of Public Works, and (b) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant to Section 12 -4 -5 (B) (2) of the 1971 Code of Ordinances, and are not for any reason filed and approved within one (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance or the final subdivision plat becomes effective. •; • ra k� C'n 'C'ity Clerk INTRODUCED October 10_, 2000 BY C u=-� APPROVE ,C Presid ent of the Council PASSED AND APPROVED October 23, 2000 9/29/00 Reception 1372733 03/07/2001 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on f�a'VA4, � — 1 i 2eVo 1 . between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and RIDGEGATE AT PUEBLO, LLC, a Colorado Limited Liability Company ( "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 RIDGE GATE, FILING NO. 3, A SPECIAL AREA PLAN ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the 1971 Code of Ordinances; and WHEREAS, Subdivider is required by Section 12 -4 -7 (J) of the 1971 Code of Ordinances of the City to construct and install certain public improvements generally described in attached Exhibit `B" and shown on approved construction plans and documents on file at the office of the City's Director of Public Works ( "Required Public Improvements "); and WHEREAS, by Chapter 4, Title XII of the 1971 Code of Ordinances, Subdivider is obligated to provide security or collateral sufficient in the judgement of the City Council to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and Subdivider agree as follows: Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or DPW 101 10/21/98 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 expires. Such deposit or escrow agreement shall be referred to as the "deposit ". 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the costs of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer, to the proposed building site. In any case where the block, as later defined, exceeds one thousand (1000') feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted Required Public Improvements in at least one half ( % 2) of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter at the mid -block point and barricade such street so that no through traffic shall be permitted beyond the point to which the estimate of Director of Public Works is based. 4. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recently proposed site and existing improvements. 5. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be a lien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. DPW 101 2 10/21/98 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 12 -4 -7 (J) of the 1971 Code of Ordinances, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and the restriction on the issuance of building permits contained in Paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors and assigns of Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances, and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights -of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of 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 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 DPW 101 3 10/21/98 be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public Works, Subdivider and the Subdivided land shall remain liable and responsible for all the Required Public Improvements. 10. For purposes of 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 specifications therefor approved by, and on file with the City, and thereafter, the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right (but not the obligation) to inspect, control, repair, replace and maintain the facilities and to recover all costs and expenses therefor including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charge shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain or replace the facilities shall not subject the City to any liability for such failure. 12. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear, the holder of such indebtedness shall subordinate its interest or encumbrance to this Agreement and all is terms, conditions and restrictions. 13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance or transfer of any DPW 101 4 10/21/98 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 it costs and expenses, including reasonable expert witness and attorneys' fees. 14. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and be signed by all parties. 15. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as described above. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. RIDGEGATE AT PUEBLO, LLC, a Colorado Limited Liability Company Subdivider (SEAL) By: R er FcVda, Man r By: STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) DPW 101 10/21/98 The foregoing instrument was acknowledged before me on by Roger Fonda, Manager of Ri at Pueblo, LLC, a Colorado Limited Lia iliti 2D b 1 Subdivider. commission expires: J�O w S rcWPA�I.,ti. Lr,res fwi/ o� GO�.m rLAOI� �IDb` T1 Not Public (S F"" y PUBLIC % U icip 1 Corporation OF Ca i My Comm. Expires 07/10/2002 B ae, ant t STATE OF COLORADO COUNTY OF PUEBLO h The foregoing instrument was acknowledged before me on M a- rck 6 .2 by lq / 6 u. r Z'L /(f' as President of City Council, and C, , n o, Dt4"-, , e r , as City Clerk of the City of Pueblo, Colorado. VC*gommission expires: R Y Uj � r �SEAPV .Q: AS TO FORM: Notary Pblic City Attoffiev DPW 101 6 10/21/98 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT A A parcel of land in the NW 1 /4 of Section 12, Township 20 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the West line of the NW 1 /4 of said Section 12 to bear N. 00 0 31'24" W. and all bearings contained herein being relative thereto. Beginning at the Northeast corner of Ridge Gate, Filing No. 1, A Special Area Plan, according to the recorded plat thereof, filed for record August 24, 1983; thence Westerly, along the North boundary line of said Filing No. 1 the following eleven (11) courses: 1. S. 89 0 03'44" W., a distance of 130.00 feet, 2. S. 00 0 56'16" E., a distance of 16.34 feet; 3. S. 89 0 03'44" W., a distance of 75.00 feet; 4. N. 59 0 2748" W., a distance of 142.69 feet; 5. S. 30 0 32'12" W., a distance of 33.51 feet; 6. along the arc of a curve to the right whose radius is 170 feet, a distance of 18.85 feet; 7. N. 53 0 0636" W., a distance of 70.00 feet; 8. S. 47 0 47'20" W., a distance of 37.82 feet; 9. S. 69 0 35'12" W., a distance of 37.82 feet; 10. S. 88 0 31'06" W., a distance of 41.57 feet; 11. N. 89 0 1737" W., a distance of 219.99 feet to the West right - of -way line of Outlook Boulevard, as platted in said Ridge Gate, Filing No. 1; thence Northerly, along the future West right -of -way line of said Outlook Boulevard the following four (4) courses: 1. N. 00 0 4223" E., a distance of 11.48 feet; 2. along the arc of a curve to the right whose radius is 650 feet, a distance of 381.56 feet; 3. N. 34 0 20'24" E., a distance of 788.63 feet; 4. along the arc of a curve to the left whose radius is 550 feet, a distance of 531.21 feet to the future North right -of -way line of Ridge Drive (Coronis Drive); 7 thence Southeasterly, along said future North right -of -way line the following four (4) courses: 1. N. 73 0 10'19" E., a distance of 199.51 feet; 2. along the arc of a curve to the right whose radius is 390 feet, a distance of 458.89 feet; 3. S. 39 0 24'40" E., a distance of 656.42 feet; 4. along the arc of a curve to the left whose radius is 310 feet, a distance of 210.53 feet to the West subdivision boundary line of Skyview, according to the recorded plat thereof, filed for record November 5, 1980 thence S. 04 °3927" E., along said West subdivision boundary line, a distance of 385.14 feet; thence N. 89 0 59'19" W., a distance of 919.21 feet; thence S. 44 032'12" W., a distance of 280.63 feet; thence S. 00 056'16" E., a distance of 276.45 feet to the Point of Beginning. Containing 35.025 acres. n SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: RIDGE GATE, FILING NO. 3, A SPECIAL AREA PLAN DEVELOPER: RIDGE GATE AT PUEBLO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE I STREETS (OUTLOOK BOULEVARD) Asphalt (3" Asphalt on 14" Base) 4,229 SY @ Curb and Gutter 1,359 LF @ WATER 12" PVC Water Main Fire Hydrant Ass'y. SANITARY SEWER: 684 LF @ 1 EA @ 12" PVC Sewer Main 48" Manholes • 0-:9, 1 671 LF @ 2 EA @ 3 EA @ 2 EA @ 1 EA @ $24.00 /SY = $10.00 /LF = $35.00 /LF = $2,500.00 /EA = $29.00 /LF = $2,170.00 /EA = $1,300.00 /EA = $575.00 /EA = $1,125.00 /EA = $101,496 $13,594 $23,940 $2,500 $19,459 $4,340 $3,900 $1,150 $1,125 OUTLOOK BOULEVARD 1171 1 111111 IIIII IIIII 1111111 IN 1111111111111111111 IN 1111 1372733 03/07/2001 11:09A SUED AG Chris C. Munoz 9 of 27 R 135.00 D 0.00 Pueblo Cty Clerk & Roe SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: RIDGE GATE, FILING NO. 3, A SPECIAL AREA PLAN DEVELOPER: RIDGE GATE AT PUEBLO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE I STREETS (LANDMARK ROAD) Asphalt (3" Asphalt on 6" Base) 1010 SY @ Curb and Gutter (Rolled) 302 LF @ Curb and Gutter (Modified Ramp) 210 LF @ WATER PVC Water Main Services Fire Hydrant Ass'y. SANITARY SEWER: 8" PVC Sewer Main 48" Manholes Services STREE! LIGHTS MONUMENT BOX 16' BARRICADE STREET SIGNS 60' R.O.W. (4 -Way- Intersection) 324 LF @ 6 EA @ 1 EA @ 212 LF @ 2 EA @ 6 EA @ 1 EA @ 2 EA @ 1 EA @ $16.00 /SY = $10.00 /LF = $10.00 /LF = $35.00 /LF = $500.00 /EA = $2,500.00 /EA = $29.00 /LF = $2,170.00 /EA = $775.00 /EA = $1,300.00 /EA = $575.00 /EA = $825.00 /EA = $16,160 $3,020 $2,100 $11,340 $3,000 $2,500 $6,148 $4,340 $4,650 $1,300 $1,150 $825 1 EA @ $300.00 /EA = $300 LANDMARK ROAD $56 111111 IIIII ON 1111111 IN 111111 IIIII III 111111 III IN 1372733 03/07/2001 11:09A SUBD AG Chris C. Munoz 10 of 27 R 135.00 D 0.00 Pueblo Cty Clerk & Ree 10 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: RIDGE GATE, FILING NO. 3, A SPECIAL AREA PLAN DEVELOPER: RIDGE GATE AT PUEBLO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE I STREETS (PIONEER ROAD) Asphalt (3" Asphalt on 6" Base) Curb and Gutter (Rolled) Curb and Gutter (Modified Ramp) Square Pan Radius 7" Conc. Pan Handicap Ramps WATER PVC Water Main Services SANITARY SEWER: 8" PVC Sewer Main 48" Manholes Services STREET LIGHTS MONUMENT BOX STREET SIGNS 60' R.O.W. (T- Intersection) 1,667 SY @ 459 LF @ 419 LF @ 536 SF @ 533 SF @ 615 SF @ 467 LF @ 8 EA @ 474 LF @ 3 EA @ 8 EA @ 1 EA @ 4 EA @ $16.00 /SY = $10.00 /LF = $10.00 /LF = $4.25 /SF = $3.80 /SF = $3.50 /SF = $35.00 /LF = $500.00 /EA = $29.00 /LF = $2,170.00 /EA = $775.00 /EA = $1,300.00 /EA = $575.00 /EA = 1 EA @ $200.00 /EA = PIONEER ROAD $26,672 $4,590 $4,190 $2,278 $2,025 $2,153 $16,345 $4,000 $13,746 $6,510 $6,200 $1,300 $2,300 $200 $92,509 I 11111111111111111111 1111111111111 IN 11111111111111111111111 IN 1372733 03/07/2001 11:09A SUBD AG Chris C. Munoz 11 of 27 R 133.00 D 0.00 Pueblo Cty Clerk & Ree 11 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: RIDGE GATE, FILING NO. 3, A SPECIAL AREA PLAN DEVELOPER: RIDGE GATE AT PUEBLO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE I STREETS (PIONEER PLACE3 Asphalt (3" Asphalt on 6" Base) 829 SY @ $16.00 /SY = $13,264 Curb and Gutter 802 LF @ $10.00 /LF = $8,020 7" Conc. Pan 533 SF @ $3.80 /SF = $2,025 WATE R PVC Water Main 339 LF @ $35.00 /LF = $11,865 Services 16 EA @ $500.00 /EA = $8,000 SANITARY SEWER: 8" PVC Sewer Main 324 LF @ $29.00 /LF = $9,396 48" Manholes 2 EA @ $2,170.00 /EA = $4,340 Services 16 EA @ $775.00 /EA = $12,400 MONUMENT BOX 3 EA @ $575.00 /EA = $1,725 STREET SIGNS 60' R.O.W. (T- Intersection) 0 EA @ $200.00 /EA = $0 PIONEER PLACE 71035 1111111 111111111111111111111111111 IN 1372733 03/07/2001 11:09A 5U9D AG Chris C 12 of 27 R 133.00 D 0.00 Pueblo C!y Clerk & Reo 12 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: RIDGE GATE, FILING NO. 3 A SPECIAL AREA PLAN DEVELOPER: RIDGE GATE AT PUEBLO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE I MISCELLANEOUS IMPROVEMENTS EARTHWO Earthwork 6.97 AC @ $16,000.00 /AC = $111,520 MISC. IMPROVEMENTS 1111 TOTAL PHASE I 503 402 I Illlll Illll llllt llllilt fill ������ 11111111111111111 IN _ 13 R 0.00APueblo Chris C. BMRee 13 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: RIDGE GATE, FILING NO. 3, A SPECIAL AREA PLAN DEVELOPER: RIDGE GATE AT PUEBLO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC, PHASE II STREETS (OUTLOOK BOULEVARD) Asphalt (3" Asphalt on 14" Base) 3 SY @ Curb and Gutter 979 LF @ Handicap Ramps 361 SF @ WATER 12" PVC Water Main Fire Hydrant Ass'y. SANITARY SEWER: 8 PVC Sewer Main 48" Manholes STORM SEWER 5' Sidewalk Drain 5' Concrete Channel STREET LIGHTS MONUMENT B0 RELOCATE BARRICADE STREET SIGNS 100' R.O.W. (T- Intersection) 496 LF @ 1 EA @ 497 LF @ 1 EA @ 1 EA @ 16 LF @ 2 EA @ 2 EA @ 1 EA @ $20.00 /SY = $10.00 /LF = $3.50 /SF = $35.00 /LF = $2,500.00 /EA = $29.00 /LF = $2,170.00 /EA = $1,800.00 /EA = $25.00 /LF = $1,300.00 /EA = $575.00 /EA = $100.00 /EA = $63,800 $9,790 $1,264 $17,360 $2,500 $14,413 $2,170 $1,800 $400 $2,600 $1,150 $100 1 EA @ $200.00 /EA = $200 OUTLOOK BOULEVARD $117,5,47 1 1111111111111111111111111111 111111i II 1111 Munoz 11111111111 09A 03/07/2001 11:09A SUED AG Chris 14 of 27 R 133.00 D 0.00 Pueblo C!y Clerk & Roe 14 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: RIDGE GATE, FILING NO. 3, A SPECIAL AREA PLAN DEVELOPER: RIDGE GATE AT PUEBLO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC, PHASE II STREETS (LANDMARK ROAD) Asphalt (3" Asphalt on 10" Base) 1163 SY @ $20.00 /SY = $23,260 Curb and Gutter 606 LF @ $10.00 /LF = $6,060 WATER PVC Water Main 338 LF @ $35.00 /LF = $11,830 Services 7 EA @ $500.00 /EA = $3,500 SANITARY SEWER: 8" PVC Sewer Main 307 LF @ $29.00 /LF = $8,903 48" Manholes 2 EA @ $2,170.00 /EA = $4,340 Services 7 EA @ $775.00 /EA = $5,425 STREET LIGHTS 2 EA @ $1,300.00 /EA = $2,600 MONUMENT BOX 4 EA @ $575.00 /EA = $2,300 STREET SIGNS 60' R.O.W. (T- Intersection) 1 EA @ $200.00 /EA = $200 LANDMARK ROAD $68,418 1 1111 1372733 03/07/2001 11:09A SUED AG Chris C. Munoz 15 of 27 R 135.00 D 0.00 Pueblo Cty Clerk & Rec 15 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: RIDGE GATE, FILING NO. 3 A SPECIAL AREA PLAP DEVELOPER: RIDGE GATE AT PUEBLO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE II STREETS (5ILVERQUEEN ROAD) 36 LF @ $48.00 /LF = $1,728 Asphalt (3" Asphalt on 7" Base) 5,250 SY @ $17.00 /SY = $89,250 Curb and Gutter 2,556 LF @ $10.00 /LF = $25,560 Square Pan Radius 713 SF @ $4.25 /SF = $3,030 7" Conc. Pan 1,366 SF @ $3.80 /SF = $5,191 Handicap Ramps 823 SF @ $3.50 /SF = $2,881 WKTE R PVC Water Main 1,290 LF @ $35.00 /LF = $45,150 Services 38 EA @ $500.00 /EA = $19,000 Fire Hydrant Ass'y. 2 EA @ $2,500.00 /EA = $5,000 ANITARY SEWER: 8" PVC Sewer Main 1 LF @ $29.00 /LF = $37,816 48" Manholes 5 EA @ $2,170.00 /EA = $10,850 Services 38 EA @ $775.00 /EA = $29,450 24" HDPE Pipe 36 LF @ $48.00 /LF = $1,728 18" HDPE Pipe 181 LF @ $36.00 /LF = $6,516 15" HDPE Pipe 39 LF @ $30.00 /LF = $1,170 Type "W" Inlet L =14' 2 EA @ $5,200.00 /EA = $10,400 STREET LIGHTS 4 EA @ $1,300.00 /EA = $5,200 MONUMENT BOX 8 EA @ $575.00 /EA = $4,600 STREET SIGNS 60' R.O.W. (T- Intersection) 1 EA @ $200.00 /EA = $200 60' R.O.W. (4-Way- Intersection) 1 EA @ $300.00 /EA = $300 SILVERQUEEN ROAD $303 I 111111111111111111111 IIIII IIIIII1 11111111 HIM III IN 1372733 03/07/2001 11:09A SUED AG Chris 16 of 27 R 135.00 D 0.00 Pueblo Cty Clerk & Rae SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: RIDGE GATE, FILING NO. 3, A SPECIAL AREA PLAP DEVELOPER: RIDGE GATE AT PUEBLO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE II STREETS (BUCHANAN DRIVE) 291 LF @ $36.00 /LF = $10,476 Asphalt (3" Asphalt on 8" Base) 4,847 SY @ $18.00 /SY = $87,246 Curb and Gutter (Modified Ramp) 2,038 LF @ $10.00 /LF = $20,380 Curb and Gutter (Standard) 449 LF @ $10.00 /LF = $4,490 Square Pan Radius 387 SF @ $4.25 /SF = $1,645 7" Conc. Pan 539 SF @ $3.80 /SF = $2,048 Handicap Ramps 434 SF @ $3.50 /SF = $1,519 WATER PVC Water Main 1,449 LF @ $35.00 /LF = $50,715 Fire Hydrant Ass'y. 2 EA @ $2,500.00 /EA = $5,000 Services 32 EA @ $500.00 /EA = $16,000 SANITARY SEWER 8" PVC Sewer Main 1,360 LF @ $29.00 /LF = $39,440 48" Manholes 5 EA @ $2,170.00 /EA = $10,850 Services 32 EA @ $775.00 /EA = $24,800 18" HDPE Pipe 291 LF @ $36.00 /LF = $10,476 15" HDPE Pipe 62 LF @ $30.00 /LF = $1,860 Type 1 -B Manhole 2 EA @ $2,000.00 /EA = $4,000 Type "W" Inlet L =8' 2 EA @ $3,400.00 /EA = $6,800 STREET LIGHTS 5 EA @ $1,300.00 /EA = $6,500 MONUMENT BOX 8 EA @ $575.00 /EA = $4,600 STREET SIGNS 60' R.O.W. (T- Intersection) 2 EA @ $200.00 /EA = $400 60' R.O.W. (4- Way - Intersection) 1 EA @ $300.00 /EA = $300 BUCHANAN DRIVE $299,069 I llllll 11111 ����� Illllll llll 111111111111111111 i IN = 1372733 03/07/2001 11:09A SUED AG Chris 17 of 27 R 135.00 0 0.00 Pueblo C!y Clerk & Re e SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: RIDGE GATE, FILING NO. 3, A SPECIAL AREA PLA& DEVELOPER: RIDGE GATE AT PUEBLO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE II STREETS (HOMESTAKE LANE) 178 LF @ $48.00 /LF = $8,544 Asphalt (3" Asphalt on 8" Base) 1,870 SY @ $18.00 /SY = $33,660 Curb and Gutter 864 LF @ $10.00 /LF = $8,640 Square Pan Radius 345 SF @ $4.25 /SF = $1,466 7" Conc. Pan 539 SF @ $3.80 /SF = $2,048 Handicap Ramps 400 SF @ $3.50 /SF = $1,400 WATER PVC Water Main 415 LF @ $35.00 /LF = $14,525 Services 4 EA @ $500.00 /EA = $2,000 SANITARY SEWER: 8" PVC Sewer Main 185 LF @ $29.00 /LF = $5,365 48" Manholes 1 EA @ $2,170.00 /EA = $2,170 Services 4 EA @ $775.00 /EA = $3,100 STORM SEWER: 24" HDPE Pipe 178 LF @ $48.00 /LF = $8,544 15" HDPE Pipe 28 LF @ $30.00 /LF = $840 Type 1 -B Manhole 2 EA @ $2,000.00 /EA = $4,000 Type "W" Inlet L =8' 1 EA @ $3,400.00 /EA = $3,400 STREET LIGHTS 1 EA @ $1,300.00 /EA = $1,300 MONUMENT BOX 2 EA @ $575.00 /EA = $1,150 HOMESTAKE LANE $93,608 11111111111111111111111111111111111111111 IN 1372733 03/07/2001 11:09A SUBD AG Chris C. Munoz 18 of 27 R 135.00 D 0.00 Pueblo Cty Clerk & Roe IN SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: RIDGE GATE, FILING NO. 3, A SPECIAL AREA PLAN DEVELOPER: RIDGE GATE AT PUEBLO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC, PHASE II S STREETS (TABOR LANE) Asphalt (3" Asphalt on 6" Base) 348 SY @ $16.00 /SY = $5,568 Curb and Gutter 165 LF @ $10.00 /LF = $1,650 WATE R PVC Water Main 125 LF @ $35.00 /LF = $4,375 Fire Hydrant Ass'y. 1 EA @ $2,500.00 /EA = $2,500 Services 0 EA @ $500.00 /EA = $0 SANITARY SEWER: 8" PVC Sewer Main 113 LF @ $29.00 /LF = $3,277 Services 0 EA @ $775.00 /EA = $0 BARRICADE 1 EA @ $825.00 /EA = $825 STREET SIGNS 60' R.O.W. (T- Intersection) 0 EA @ $200.00 /EA = $0 TABOR LANE $18 111111111111111111111111111111 IN 1111111111111111111111111 IN 1372733 03/07/2001 11:09A SUED AG Chris C. ML 19 of 27 R 135.00 D 0.00 Pueblo C!y Clerk & Ree 19 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: RIDGE GATE, FILING NO. 3, A SPECIAL AREA PLAN DEVELOPER: RIDGE GATE AT PUEBLO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC, PHASE II STREETS (GOLDKING ROAD) Asphalt (3" Asphalt on 7" Base) 273 SY @ $17.00 /SY = $4,641 Curb and Gutter 129 LF @ $10.00 /LF = $1,290 WATER PVC Water Main 105 LF @ $35.00 /LF = $3,675 Services 0 EA @ $500.00 /EA = $0 SANITARY SEWER: 1 EA @ $4,000.00 /EA = $4,000 8" PVC Sewer Main 92 LF @ $29.00 /LF = $2,668 Services 0 EA @ $775.00 /EA = $0 STORM SEWER: 18" HDPE Pipe 83 LF @ $36.00 /LF = $2,988 15" HDPE Pipe 36 LF @ $30.00 /LF = $1,080 Type "W" Inlet L =10' 1 EA @ $4,000.00 /EA = $4,000 MONUMENT BOX 1 EA @ $575.00 /EA = $575 BARRICADE 1 EA @ $825.00 /EA = $825 STREET SIGNS 60' R.O.W. (T- Intersection) 1 EA @ $200.00 /EA = $200 GOLDKING ROAD $21,942 11111111111111111 MIN IN 11111111111111111111111 IN 1372733 03/07/2001 11:09A SUBD AG Chris C. Munoz 20 of 27 R 133.00 D 0.00 Pueblo Cty Clerk & Roe P SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: RIDGE GATE, FILING NO. 3, A SPECIAL AREA PLAP DEVELOPER: RIDGE GATE AT PUEBLO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC, PHASE II STREETS (RIDGE DRIVE) Asphalt (3" Asphalt on 13" Base) 1 SY @ $23.00 /SY = $38,640 Curb and Gutter 564 LF @ $10.00 /LF = $5,640 WATER PVC Water Main 0 LF @ $35.00 /LF = $0 Fire Hydrant Ass'y. 1 EA @ $2,500.00 /EA = $2,500 ANITARY SEWER: 8" PVC Sewer Main 383 LF @ $29.00 /LF = $11,107 48" Manholes i EA @ $2,170.00 /EA = $2,170 30" HDPE Pipe 105 LF @ $60.00 /LF = $6,300 24" HDPE Pipe 80 LF @ $48.00 /LF = $3,840 18" HDPE Pipe 47 LF @ $36.00 /LF = $1,692 Type 1 -B Manhole 1 EA @ $2,000.00 /EA = $2,000 Type "W" Inlet L =14' 2 EA @ $5,200.00 /EA = $10,400 STREET LIGHTS 2 EA @ $1,300.00 /EA = $2,600 MONUMENT BOX 1 EA @ $575.00 /EA = $575 RIDGE DRIVE e7 j 464 I 111111111111111111111111111111111111111 IN 11111111111111111111111111111 IN 1372733 03/07/2001 11:09A SUBD AG Chris C. Munoz 21 of 27 R 133.00 D 0.00 Pueblo Cty Clerk & Roo 21 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: RIDGE GATE, FILING NO. 3, A SPECIAL AREA PLAN DEVELOPER: RIDGE GATE AT PUEBLO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC, PHASE II MISCELLANEOUS IMPROVEMENTS DETENTION POND 4" Thick -4' Wide Conc. Trickle Pan 818 SF @ $2.50 /SF = $2,045 Outlet Structure 1 EA @ $9,000.00 /EA = $9,000 Type "L" Rip Rap 133 CY @ $50.00 /Cy = $6,650 Planting /vegetation 0.58 AC @ $12,000.00 /AC = $6,960 PARCEL "B" IMPROVEM 4" Thick -4' Wide Conc. Trickle Pan 36 SF @ $2.50 /SF = $90 Type "L" Rip Rap 255 CY @ $50.00 /CY = $12,750 EARTHWORK Earthwork 17.45 AC @ $16,000.00 /AC = $279,200 MISC. IMPROVEMENTS $316,695 TOTAL PHASE II _ t1,32�6,2 111111111111111111111111111111111111 IN 1111111111111111111111111111111 IN 1372733 03/07/2001 11:09A SUBD AG Chris C. Munoz 22 of 27 R 135.00 D 0.00 Pueblo Cty Clerk A Roe 22 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: RIDGE GATE, FILING NO. 3, A SPECIAL AREA PLAN DEVELOPER: RIDGE GATE AT PUEBLO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE III STREETS (OUTLOOK BOULEVARD) Asphalt (3" Asphalt on 14" Base) 3,864 SY @ $24.00 /SY = $92,736 Curb and Gutter 1,091 LF @ $10.00 /LF = $10,910 Handicap Ramps 335 SF @ $3.50 /SF = $1,173 WATE R PVC Water Main (12 ") 585 LF @ $35.00 /LF = $20,475 SANITARY SEWER: 8" PVC Sewer Main 564 LF @ $29.00 /LF = $16,356 48" Manholes 2 EA @ $2,170.00 /EA = $4,340 Cleanout 1 EA @ $500.00 /EA = $500 STREET LIGHTS 2 EA @ $1,300.00 /EA = $2,600 0. NUMENT BOX 1 EA @ $575.00 /EA = $575 RELOCA'T'E BARRICADE 1 EA @ $100.00 /EA = $100 STREET SIGNS 100' R.O.W. (T- Intersection) 1 EA @ $200.00 /EA = $200 OUTLOOK BOULEVARD 149 965 1111111111111111111111111111111111111111111111111111111 IN 1372733 03/07/2001 11:09A SUBD AG Chris C. Munoz 23 of 27 R 138.00 D 0.00 Pueblo Cty Clerk 8 Rec 23 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: RIDGE GATE, FILING NO. 3 A SPECIAL AREA PLAN DEVELOPER: RIDGE GATE AT PUEBLO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE III STREETS (TABOR LANE Asphalt (3" Asphalt on 6" Base) 1,711 SY @ $16.00 /SY = $27,376 Curb and Gutter 898 LF @ $10.00 /LF = $8,980 WATE R PVC Water Main 492 LF @ $35.00 /LF = $17,220 Fire Hydrant Ass'y. 1 EA @ $2,500.00 /EA = $2,500 Services 15 EA @ $500.00 /EA = $7,500 SANITARY SEWER: 8" PVC Sewer Main 335 LF @ $29.00 /LF = $9,715 48" Manholes 2 EA @ $2,170.00 /EA = $4,340 Services 14 EA @ $775.00 /EA = $10,850 MONUMENT BQX 4 2 EA @ $575.00 /EA = $1,150 TABOR LANE 18 . 9 j 631 111111111111111111111111 1111 111111111 111111111111111 1 11 0= 1372733 03/07/2001 11.09A SUBD AG Chris 24 of 27 R 135.00 D 0.00 Pueblo Cty Clerk & Roe 24 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: RIDGE GATE, FILING NO. 3, A SPECIAL AREA PLAN DEVELOPER: RIDGE GATE AT PUEBLO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE III STREETS (GOLDKING ROAD) Asphalt (3" Asphalt on 6" Base) 3,026 SY @ $16.00 /SY = $48,416 Curb and Gutter 1 LF @ $10.00 /LF = $15,140 Square Pan Radius 176 SF @ $4.25 /SF = $748 7" Conc. Pan 269 SF @ $3.80 /SF = $1,022 Handicap Ramps 207 SF @ $3.50 /SF = $725 WATER PVC Water Main 726 LF @ $35.00 /LF = $25,410 Services 30 EA @ $500.00 /EA = $15,000 SANITARY DER; 8" PVC Sewer Main 708 LF @ $29.00 /LF = $20,532 48" Manholes 3 EA @ $2,170.00 /EA = $6,510 Services 30 EA @ $775.00 /EA = $23,250 STORM SEWER: 18" HDPE Pipe 249 LF @ $36.00 /LF = $8,964 15" HDPE Pipe 6 LF @ $30.00 /LF = $180 Type 1 -8 Manhole 1 EA @ $2,000.00 /EA = $2,000 Type "W" Inlet L =10' 1 EA @ $4,000.00 /EA = $4,000 STREET LIGHTS 2 EA @ $1,300.00 /EA = $2,600 MONUMENT BOX 5 EA @ $575.00 /EA = $2,875 STREET SIGNS 60' R.O.W. (T- Intersection) 1 EA @ $200.00 /EA = $200 GOLDKING ROAD 572 *177 I l ��r�r �r« ri��rr cirri iii rr�irri» >Min oz 1 3727 3 03/ k& Roe 25 of 3 135.00D10.00 PuebloACt.yhClar'C 23 of 2 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: RIDGE GATE, FILING NO. 3 A SPECIAL AREA PLAN DEVELOPER: RIDGE GATE AT PUEBLO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE III STREET (RIDGE DRIVE1 Asphalt (3" Asphalt on 10" Base) 4 SY @ $20.00 /SY = $91,800 Curb and Gutter 2,065 LF @ $10.00 /LF = $20,650 SANITARY SEWER: 8 PVC Sewer Main 909 LF @ $29.00 /LF = $26,361 48" Manholes 3 EA @ $2,170.00 /EA = $6,510 NORM SEWER: 30" HDPE Pipe 1,257 LF @ $60.00 /LF = $75,420 Type 1 -B Manhole 4 EA @ $2,000.00 /EA = $8,000 Type "13" Inlet 2 EA @ $2,500.00 /EA = $5,000 STREET LIGHTS 6 EA @ $1,300.00 /EA = $7,800 MONUMENT BOX 2 EA @ $575.00 /EA = $1,150 RIDGE DRIVE $242,691 11111111111111111111111 IIIINI I1 I 1 3727 3 0 3/07/21001 IIII 11: 09A SUBD AG Chris C • & 111R = 26 of 3 0o o 26 of 27 R 135.00 D 0.00 Pueblo Cl.v Clerk 26 - C. SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: RIDGE GATE, FILING NO. 3, A SPECIAL AREA PLAN DEVELOPER: RIDGE GATE AT PUEBLO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE III MISCELLANEOUS IMPROVEMENTS EARTHWORK Earthwork 10.61 AC @ $16,000.00 /AC = $169,760 Earthwork CY @ $2.00 /CY = $0 MISC. IMPROVEMENTS TOTAL PHASE III TOTAL ALL PHASES 1169 760 829,618 $2,659,249 PER LOT FEE There is a $500 per lot fee that will be collected by the City of Pueblo at the time of building permit for roadway and drainage improvements for future Outlook Blvd. Future improvements 160 LOTS @ $500.00 /LOT = $80,000 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: JKM FIRM: N��__ O ENGINEERING AND SURVEYING, INC. REVIEWED BY: V 0-41w' CITY OF PUEBLO 7 11111111111111111111111111111111111111111111111111111 0= 1372733 03/07/2001 11.09A SUED AG Chris 27 of 27 R 133.00 D 0.00 Pueblo Cty Clerk & Roe 27 Reception 1372734 03/07/2001 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This addendum shall be incorporated in and become a part of the fiMuAC.i '1 , 2001 Subdivision Improvements Agreement for RIDGE GATE, FILING NO. 3, A SPECIAL AREA PLAN and enforceable as provided in said Subdivision Improvements Agreement. 1. The Subdivider will develop RIDGE GATE, FILING NO. 3, A SPECIAL AREA PLAN in separate phases to be identified herein as Phase I, Phase II and Phase III. 2. Phase I shall consist of the following lots and parcels within the Subdivision: Lots 7, 8 and 9, Block 7 Lots 7 through 11, Block 8 Lots 3 through 24, Block 14 3. Phase II shall consist of the following lots and parcels within the Subdivision: Lots 12 through 34, Block 8 Parcel A Lots 1 and 2, Block 9 Parcel B Lots 1 through 13, Block 10 Lots 1 and 17 through 27, Block 11 Lots 1 through 6 and 36, Block 12 Lots 25 through 52, Block 14 4. Phase III shall consist of the following lots and parcels within the Subdivision: Lots 2 through 16, Block 11 Lots 7 through 35, Block 12 5. The Subdivider shall construct and install all public improvements in the manner and as described in the Subdivision Improvements Agreement needed and required to serve the lots within each Phase. 6. For purposes of determining the extent and timing of the required public improvements, each Phase shall be considered as a separate subdivision and an event requiring completion of the improvements in one Phase will not require completion of improvements in the other Phases. 7. When the Subdivider completes the subdivision requirements and public improvements for each Phase, the City will release the Lots in that Phase from this agreement as if each Phase was a separate and distinct subdivision. 1 8. The Subdivision Improvements Agreement as amended by this Addendum shall remain in full force and effect and the covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of City and Subdivider and their respective heirs, personal representatives, successors, and assigns. Executed at Pueblo, Colorado as of P, Qvl fl H "1 , 2001. RIDGEGATE AT PUEBLO, LLC, a Colorado Limited Liability Company, Subdivider By: - 71� oge nda, Ma ger ( SEAL ) STATE OF COLORADO ) ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this ?�_ day of Tfe f3 %%A 0, 7 -�: j , 2001, by Roger Fonda, Manager of Ridgegate at Pueblo, LLC, a Colorado Limited Liability Company, Subdivider. My Commission expires: Z l o Zno 2 21 NE - w9m)4 PJ\n por STq� a, �OTARy, to "� A � 7. PU BLIG 0 F co Exp ires o By My Comm. Exp 1 f, & ,j /'V A� Notary Public CITY OF PUEBLO, A Municipal C4oration �c of th'e(Council 2 Reception 1372735 03/07/2001 DECLARATION OF COVENANTS CONCERNING PRIVATE DRAINAGE AND DRAINAGE DETENTION EASEMENTS FOR RIDGE GATE, FILING NO. 3, A SPECIAL AREA PLAN THIS DECLARATION OF COVENANTS is made as of February 20, 2001 by Ridgegate at Pueblo, LLC, a Colorado Limited Liability Company, 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 serve or benefit the Subdivision. "'Facilities" means and includes all private drainage 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 the RIDGE GATE, FILING NO. 3, A SPECIAL AREA PLAN. "Subject Property" means the real property located in Pueblo County, Colorado and described in the attached Exhibit "A ". 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 therefore 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. (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 cancelled, 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. RIDGEGATE AT PUEBLO, LLC, a Colorad imited Lia ility Company W r H. Fond6i, Manager COUNTY OF PUEBLO ) ) ss STATE OF COLORADO) The foregoing instrument was acknowledged before me this day of u , 2001 by Roger H. Fonda, Manager of Ridgegate at Pueblo, LLC, a 6lorado Limited Liability Company. Witness my hand and official seal. My commission expires: -11 . / V j& ill t� 2. 40 ( �V �,.,s � �� i Notary Pubic Stye) VA. STg L c._ � *Ww p F � UBL1G ® F G v�'� W Comm. Expires 07/10/2002 EXHIBIT A All of Ridge Gate, Filing No. 3, A Special Area Plan, according to the recorded plat thereof. Reception 1372736 03/07/2001 EASEMENT AND RIGHT -OF -WAY (Facilities to be Installed and Maintained by Grantor) THIS EASEMENT, granted thi al day of , 2001 , by LT Properties, Inc., a Delaware Corporation, Grantor, to Pueblo, a Municipal C6fporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, a temporary easement and right -of -way for the purpose of drainage, in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, described in the attached Exhibit "A" (the Property). Grantor shall install a temporary drainage swale and inlet structure (the "Facilities' in the Property in accordance with plans and specifications therefor approved by, and on file with the Grantee, and thereafter, Grantor shall maintain the Facilities in good working order and 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 Properly and adjoining property of 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 the feminine. This Easement and Right -of -Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. � SIGNED this � day of , 2001. GRANTOR: LT PROPERTIES, INC., a Delaware Corporation w By Patrick Bienvenue, President f or �` ° OOLORES L.� MILLER 1r 529 East South kh $41 1 Sak Lake City, Utl02 ♦ r June 12,2004 State o f Utah. r COUNTY OF SALT LAKE ) ) ss STATE OF UTAH ) 11111111111111111111111111111111 11 1372736 03/07/2001 11:09A EASE Chris C. M111 2 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & R e foregoing i trument_was acknowledged before me this o;:� E' day of 2001 by Patrick Bienvenue, President of LT PROPERTIES, INC., a Delaware C ration. Witness my hand and official seal. My commission expires: .2 c,/ Notary Public DOLOR ES VOELLEfl y B 52s East south Temple 1 UtM 84102 Sak Lake MY CC"WWWon EExpim June 12, 2004 EXHIBIT A PROPOSED TEMPORARY DRAINAGE EASEMENT: A temporary easement for drainage purposes located in the NW1 /4 of Section 12, Township 20 South, Range 65 West of the 6 th P.M. being 20 feet in width, lying West of and immediately adjacent to the following described reference line: Beginning at the Southwest corner of Ridge Gate, Filing No. 3, A Special Area Plan, according to the recorded plat thereof; thence Northerly, along the West subdivision boundary line of said Ridge Gate, Filing No. 3 the following four (4) courses: 1. N. 00 0 4223" E., a distance of 11.48 feet; 2. along the arc of curve to the right whose radius is 650 feet, a distance of 381.56 feet; 3. N. 34 0 20'24" E., a distance of 788.63 feet; 4. along the arc of a curve to the left whose radius is 550 feet, a distance of 531.21 feet to the Northwest corner of said Ridge Gate, Filing No. 3; thence continuing Northerly, along said arc of a curve to the left whose radius is 550 feet, a distance of 20.08 feet to the Point of Terminus of the reference line herein described. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. Stn Street Pueblo, Colorado 81003 November 16, 2000 IN 82 049 35 EXHIBI T B R= 550.00' A= 02'05'32" L= 20.08' N73' 10' 19 "E 20.12' M � 1 O \ 0 100 200 400 \ 0 O \ \ SCALE: 1 " =200' / O � a RIDGE GA TE, o �\ FILING N0. 3, o A SPECIAL AREA PLAN M co � ' � Illllli 1111111111111111 a � , � - 1 111111 IIIII IIIII IIIIIilllllllll Noo'42'23 "E 36 03/07/2001 11: Q S0942'23"w 1372709A EASE Ch ris MRoe 11.48' 11.48' 4 of 4 R 20.00 D 0.00 Pueblo Cl.Y Clerk B N89'20'1 5" P.O.B. 20.00' Reception 1372737 03/07/2001 EASEMENT AND RIGHT -OF -WAY (Facilities to be Installed and Maintained by Grantor) THIS EASEMENT, granted this � day of , 2001 , by LT Properties, Inc., a Delaware Corporation, Grantor, to Pueblo, a Munici I Corporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, a temporary easement and right -of -way for the purpose of drainage, in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, described in the attached Exhibit "A" (the Property). Grantor shall install a temporary drainage swale (the "Facilities' in the Property in accordance with plans and specifications therefor approved by, and on file with the Grantee, and thereafter, Grantor shall maintain the Facilities in good working order and 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 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 Properly 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 the feminine. This Easement and Right -of -Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. T SIGNED this day of cl�� c ., , 2001. GRANTOR: LT PROPERTIES, INC., a Delaware Corporation By Patrick Bienvtmlre, President COUNTY OF SALT LAKE ) ) ss STATE OF UTAH ) OR iiii i»i 1372737 03/07/2001 11:09A EASE Chris C. 2 of 4 R 20.00 D 0.00 Pueblo Cby Clerk & Roe — The foregoing instru ent was acknowledged before me this r -sue day of .l , 2001 by Patrick Bienvenue, President of LT PROPERTIES, I ., a Delaware Corporation. Witness my hand and official seal. My commission expires: ag G `'L Notary Public ------ -r. ._— DOLORES L. WELLER 1 ak East C ity, Temple ° R �"y� Em •. June 12 2004 es ^� $tlote 0t Utah J EXHIBIT A PROPOSED TEMPORARY CONSTRUCTION EASEMENT: A temporary easement for construction purposes located in the NW1 /4 of Section 12, Township 20 South, Range 65 West of the 6 P.M. being 20 feet in width, lying North of and immediately adjacent to the following described reference line: Beginning at the Northwest corner of Ridge Gate, Filing No. 3, A Special Area Plan, according to the recorded plat thereof; thence Easterly, along the North subdivision boundary line of said Ridge Gate, Filing No. 3 the following three (3) courses: 1. N. 73 0 10'19" E., a distance of 201.34 feet; 2. along the arc of a curve to the right whose radius is 390 feet, a distance of 458.89 feet; 3. S. 39 0 24'40" E., a distance of 504.88 feet to the Point of Terminus of the reference line herein described. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 Street Pueblo, Colorado 81003 November 16, 2000 JN 82 049 35 EXHIB /T B 0 100 200 400 SCALE: 1 " =200' R= 550.00' A= 02'05'32° �0 " R =41 .00' Q\6 + L =20.08 10 29 34 R =390. S O 01,1101 1g, 01 + l ` P.O.B. s G 0 / >Z RIDGE GA TE / / ��. s •s FILING NO. J , / / S50''35'�0 20.00 A SPECIAL AREA PLAN- >` i Reception 11372738 03/07/2001 EASEMENT AND RIGHT -OF -WAY (Facilities to be Installed and c Maintained by Grantor) THIS EASEMENT, granted this � day of 2001 , by LT Properties, Inc., a Delaware Corporation, Grantor, to Pueblo, a Munici al Corporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, a temporary easement and right -of -way for the purpose of drainage detention, in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, described in the attached Exhibit "A" (the Property). Grantor shall install a temporary drainage detention basin and outlet structure (the "Facilities' in the Property in accordance with plans and specifications therefor approved by, and on file with the Grantee, and thereafter, Grantor shall maintain the Facilities in good working order and 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 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 the feminine. This Easement and Right -of -Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. -'2 SIGNED this ,�2 day of , 2001. GRANTOR: LT PROPERTIES, INC., a Delaware Corporation By Patrick Bien-venue, President STATE OF UTAH ) The foregoing in ent was acknowledged before me thw1v day of 2001 by Patrick Bienvenue, President of LT PROPERTI NC., a Delaware Corporation. Witness my hand and official seal. My commission expires: r No ary Public ' 0 0MIQ Notary Public rt DOLORES L. VOELLER 6E9 8aa South Temple 3aM lake ity, Utah 84102 My aCOMW �pIf6S �.. �.. �. _ ...... Stato ai Utah j EXHIBIT A PROPOSED TEMPORARY DRAINAGE DETENTION EASEMENT: A temporary easement for drainage detention purposes located in the NW1 /4 of Section 12, Township 20 South, Range 65 West of the 6th P.M. and being more particularly described as follows: Beginning at the Northeast corner of Ridge Gate, Filing No. 3, A Special Area Plan, according to the recorded plat thereof; thence Westerly, along the North subdivision boundary line of said Ridge Gate, Filing No. 3 the following two (2) courses: 1. along the arc of curve to the right whose radius is 310 feet, a distance of 210.53 feet; 2. N. 39 0 24'40" W., a distance of 151.54 feet; thence N. 50 0 35'20" E., a distance of 20.00 feet; thence N. 81 a distance of 204.51 feet to the West subdivision boundary line of Skyview, according to the recorded plat thereof, filed for record November 5, 1980; thence Southerly, along said West line the following two (2) courses: 1. S. 13 0 19'10" E., a distance of 222.18 feet; 2. S. 04 0 3927" E., a distance of 51.54 feet to the Point of Beginning. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 Street Pueblo, Colorado 81003 November 17, 2000 Revised February 28, 2001 JN 82 049 35 EXH�B�T B 0 1 00 200 SCALE: 1 % =200= RIDGE IL.IIVG NO. J. w1' , r \ �� PORWY N / �►EW x GATE , F A SPECIAL AREA PLA i i i "51.54 '.O.B. R =310.00' A° L=210.53' 1 11111111111111111111111 OII Ill 1 738 03 /07/2001 11. @94 EA 1 11 1 1 1 11111 1 1 1 1 1 11 11 C c . M oz 4 R 20.00 D 0.00 PuebloCt M un oz Y Clerk C. lerk & Ree Reception 1372739 03/07/2001 EASEMENT AND RIGHT -OF -WAY r --- THIS EASEMENT, granted this L6 day of . v -ir , 2001 , by ABUNDANT LIFE MINISTRIES GRANTOR, to PUEBLO. a Municipal Co poration , GRANTEE: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the GRANTEE, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, a 20 foot temporary easement and right -of -way for the purpose of construction in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: See attached EXHIBIT A TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance, control and repair, and together with the right to use so much of the adjoining property of GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy said property for any purpose consistent with the right and privilege above granted and which will not interfere with or endanger any of GRANTEE'S equipment or facilities therein or use thereof. Such reservation by the GRANTOR shall in no event include the right to locate or erect or cause to be located or erected any building or any other structure or mobile home trailer unit upon the easement herein granted. GRANTOR warrants to GRANTEE that GRANTOR (a) has good and sufficient right and title in and to the property and full power to grant this easement and right -of -way, and (b) will defend GRANTEE'S quiet and peaceful possession of the easement and right -of -way against all persons who may lawfully claim title to the property. "GRANTEE" shall include the plural and the feminine. This easement and right -of -way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the GRANTOR and GRANTEE. SIGNED this — - day of GRj COUNTY OF RkQ610 ) ss STATE OF 00(o do ) The foregoing instrument was acknowledged before me in ?IkQ v County � c 1or-tz cw this (5�'� day of "e h1 u , 2001 by r s �e S i aty - of Abundant Life Ministries. hand and official seal. .•�, 'a` '� expires 9 - a5 -a�ol Lh • Nota Public B1. •• G. u'4$' O F • • O� OQP O C My WMS Commission `i a5 V i EXHIBIT A PROPOSED TEMPORARY CONSTRUCTION EASEMENT: A temporary easement for construction purposes in Lot 1, Block 1 in Skyview, according to the recorded plat thereof, filed for record November 5, 1980 being more particularly described as follows: The West 20 feet of said Lot 1. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, Colorado 81003 November 17, 2000 JN 82 049 35 EXHIBIT 8 0 100 200 400 SCALE: 1 " =200' RIDGE FILING A SPECIAL N89'59' 19 1111111111111111111111111111 1111 1111111111111111111 1111 1372739 03/07/2001 11:09A EASE Chris C. Muns 3 of 3 R 13.00 D 0.00 Pueblo Cty Clerk & Re: \ \ 1 1 1 \ 1 1 \ \ \ I r GATE, r N0. 3, AREA PLAN`S "W 919.21'(OVERAU4) VJ --20' TEMPORARY CONSTRUCTION EASEMENT Reception 1372728 03/07/2001 SPECIAL. WARRANTY DEED THIS DEED, Made this 3.3tsh day of February , 2001 between L.T. PROPERTIES, ITC., A DELAWARE CORPORATION of the said Coumy of and State of , grantor, and RIDGEGATE AT PUEBLO, LLC, A COLORADO LIMITED LIABILITY COMPANY whose legal address is 26 COUNTRY CLUB VILLAGE PUEBLO, CO 81008 of the said County of PUEBLO and State of COLORADO grantee: WITNESS, that the grantor, for and in consideration of the sum of TEN & 00 /100 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of PUEBLO and State of Colorado described as follows: See Exhibit "A ", PUEBLO, CO 81008 A. C\� STATE DOCUMENTARY F PUEBLO COUNTY te a _ as known by street and number as: TOGETHER with all and singular the hereditainents and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what - soevcr of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the a$ipurtenances, unto the grantee , his heirs and assigns forever. The grantor, for himself, his heirs, and personal representatives or successors, do covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the granter, his heirs and assigns. against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor. The singular number shall include the plural, the plural and the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WIMREOF, the grantor has executed this deed on the date set forth above. Attest: S �j awre.nce V. Pinnock State of Utab ) I ) ss. County of Sal t Lake ) II L.T. PROPERTIES, INC., A DELAWARE CORPORATION By �. PATRIC NVENUE, PRESIDENT The foregoing instrument was acknowledged before me this 16th day of February ,2001 by PATRICK HIENVENVE, PRE SIDENT OF L.T. PROPERTIES, INC., A DELAWARE �1 CORPORATION li i My commissio>k OrO +ate Puli7tc �. DOLORES L. VOELLER 629 East South Temple yg Salt Lake 01% Utah 84102 ' v ra My Commission Expires 1 �., .� June 12.2004 tog State of Utah I "Wee— Witness my hand and official seal. Notary Public File No. 1t1MS03 Stewart ritle of Pueblo, LLC No. 16 SPECIAL WARRANTY Deem Rev. 9/97 TOTAL P.02 EXHIBIT A Order Number: 200002503 LEGAL DESCRIPTION "PORTION OF PARCEL 3 11 A PARCEL OF LAND IN THE NW 14 OF SECTION 12, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH P.M., IN THE COUNTY OF PUEBLO AND STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE NW 14 OF SAID SECTION 12 TO BEAR NORTH 00 31' 24" WEST, AND ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO. BEGINNING AT THE NORTHEAST CORNER OF RIDGE GATE, FILING NO. 1, A SPECIAL AREA PLAN, ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR RECORD AUGUST 24, 1983; THENCE WESTERLY, ALONG THE NORTH BOUNDARY LINE OF SAID FILING NO. 1 THE FOLLOWING ELEVEN (11) COURSES: 1. SOUTH 89 0 03' 44" WEST, A DISTANCE OF 130.00 FEET; 2. SOUTH 00 0 56' 16" EAST, A DISTANCE OF 16.34 FEET; 3. SOUTH 89 0 03' 44" WEST, A DISTANCE OF 75.00 FEET; 4. NORTH 59 0 27' 48" WEST, A DISTANCE OF 142.69 FEET; 5. SOUTH 30 0 32' 12" WEST, A DISTANCE OF 33.51 FEET; 6. ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 170 FEET, A DISTANCE OF 18.85 FEET; 7. NORTH 53 0 06' 36" WEST, A DISTANCE OF 70.00 FEET; 8. SOUTH 47 0 47' 20" WEST, A DISTANCE OF 37.82 FEET; 9. SOUTH 69 0 35' 12" WEST, A DISTANCE OF 37.82 FEET; 10. SOUTH 88 0 31' 06" WEST, A DISTANCE OF 41.57 FEET; 11. NORTH 89 0 17' 37" WEST, A DISTANCE OF 219.99 FEET TO THE WEST RIGHT -OF -WAY LINE OF OUTLOOK BOULEVARD, AS PLATTED IN SAID RIDGE GATE, FILING NO. 1; THENCE NORTHERLY, ALONG THE FUTURE WEST RIGHT -OF -WAY LINE OF SAID OUTLOOK BOULEVARD THE FOLLOWING FOUR (4) COURSES: 1. NORTH 00 42' 23 EAST, A DISTANCE OF 11.48 FEET; 2. ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 650 FEET, A DISTANCE OF 381.56 FEET; 3. NORTH 34 20' 24" EAST, A DISTANCE OF 788.63 FEET; 4. ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 550 FEET, A DISTANCE OF 531.21 FEET TO THE FUTURE NORTH RIGHT- OF-WAY LINE OF RIDGE DRIVE (CORONIS DRIVE); THENCE SOUTHEASTERLY, ALONG SAID FUTURE NORTH RIGHT-OF -WAY LINE OF THE FOLLOWING FOUR (4) COURSES: 1. NORTH 73 10' 19 EAST, A DISTANCE OF 199.51 FEET; Continued on next page i Continuation of Schedule A - Legal Description Order Number: 200002503 2. ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 390 FEET, A DISTANCE OF 458.89 FEET; 3. SOUTH 39 0 24' 40" EAST, A DISTANCE OF 656.42 FEET; 4. ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 310 FEET, A DISTANCE OF 210.53 FEET TO THE WEST SUBDIVISION BOUNDARY LINE OF SKYVIEW, ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR RECORD NOVEMBER 5, 1980; THENCE SOUTH 04 39' 27" EAST, ALONG SAID WEST SUBDIVISION BOUNDARY LINE, A DISTANCE OF 385.14 FEET; THENCE NORTH 89° 59' 19" WEST, A DISTANCE OF 919.21 FEET; THENCE SOUTH 44° 32' 12 WEST, A DISTANCE OF 280.63 FEET; THENCE SOUTH 00° 56' 16" EAST, A DISTANCE OF 276.45 FEET TO THE POINT OF BEGINNING. 1 IN 1372728 03/07/2001 10:58A WD Chris C. Munoz 3 of 3 R 19.00 D 29.76 Pueblo Cty Clerk & Roe