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HomeMy WebLinkAbout06720Reception 1408259 10/25/2001 ORDINANCE NO. 6720 AN ORDINANCE AMENDING ORDINANCE NO. 6561 TO CORRECT LEGAL DESCRIPTION CONTAINED IN SECTION 1 THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The legal description contained in Section 1 of Ordinance No. 6561 is hereby amended to read as follows: Parcel A: A portion of the following described property: All of that portion of blocks 2 and 3 and such streets and alleys adjacent thereto, of the vacated University Place, a subdivision of the northeast quarter of Section 10, Township 21 south, Range 65 west of the 8 th P.M., and a portion of the NE1 /4 of the NE1 /4 of Section 10, Township 21 south, Range 65 west of the 6 th P.M., contained within the following boundaries: Beginning at a point on the south line of the present Colorado State Highway No. 78 right -of -way (old State Highway No. 76), and 422 feet west of the west line of Prairie Avenue; thence due south a distance of 125.00 feet; thence N 89 degrees 58 minutes E, a distance of 125.00 feet; thence due south a distance of 498.00 feet; thence due west a distance of 677.50 feet; thence due north a distance of 616.30 feet to the said south right -of -way line of the present Colorado State Highway No. 78; thence easterly along the said south highway right -of -way line and along the arc of a curve to the right, with a radius of 1392.5 feet, a distance of 10.10 feet; thence continuing along the said south highway right -of -way line, N 88 degrees 19 minutes E, a distance of 246.40 feet; thence continuing along the said south highway right -of -way line, N 89 degrees 58 minutes E, a distance of 296.20 feet to the point of beginning; except that portion now known as Marobeck Park Subdivision, County of Pueblo, State of Colorado. Less and except parcel B: All of Marobeck Park Subdivision, County of Pueblo, State of Colorado. 1408259 Page: 2 of 3 10/25/2001 03:43F Parcel C: ChrisC.Munoz Pueb10CtyC1k &Rec ORD R 15.00 D 0.00 Easement for roadway purposes as created by easement agreement recorded November 20, 1968 in Book 1644 at Page 526 through and over the following property: Commencing at a point 46 feet west of the city monument at Prairie and Northern Avenue, thence south 523 feet and along the west side of Prairie Avenue to a point on the west side of Prairie Avenue which is the place of beginning, thence west 297 feet, thence north 40 feet and parallel to the west side of Prairie Avenue, thence east 297 feet to a point on the west side of Prairie Avenue, thence south 40 feet along the west side of Prairie Avenue to the place of beginning, in the northeast quarter of Section 10, Township 21 south, Range 65 west, County of Pueblo, State of Colorado. Being more particularly described as follows: A tract of land being a portion of the northeast quarter of Section 10, Township 21 south, Range 65 west of the Sixth Principal Meridian, in the City of Pueblo, County of Pueblo, State of Colorado, more particularly described as follows: Basis of bearing: The southerly right -of -way line of Northern Ave. lying westerly of the northwest corner of Sierra Subdivision, is assumed to bear N89 0 24'55 "E, a distance of 296.15 feet. Beginning at the northwest corner of Sierra Subdivision as recorded January 12, 1998, in Book 3073, Page 456 of plats, in the Office of the Recorder of said Pueblo County, said northwest corner being on the south right -of -way line of Northern Avenue; thence South 00 °51'38" east along the most westerly boundary of said Sierra Subdivision, 125.00 feet; thence North 89 1 05'32" East continuing along the boundary line of said Sierra Subdivision, 124.96 feet; thence South 00 1 50'23" East along said boundary, 344.26 feet to the southwest corner of said Sierra Subdivision; thence South 00 0 50'23" East a distance of 154.41 feet, more or less, to a point on the north right -of -way line of Wedgewood Drive; thence South 89 0 09'23" West along said north right -of -way line, 676.88 to its intersection with the east right -of -way line of Moore Avenue; thence North 00 0 55'18" West along said east right -of -way line, 421.45 feet; thence North 87 1 29'07" East a distance of 174.98 feet; thence North 00 0 50'13" West a distance of 195.70 feet, more or less, to the aforementioned south right -of -way line of Northern Avenue; thence North 87 0 14'52" East along said south right -of -way line 81.46 feet; thence continuing east along said south right -of -way line North 89 0 24'55" East, 296.15 feet, more or less, to point of beginning. containing a calculated area of 8.541 acres. .qFr.T1nN 9 Ordinance No. 6468 as amended by Section 1 hereof is hereby approved, confirmed and ratified. 1408259 Page: 3 of 3 SECTION 3. ChrisC.Munoz PuebloCtyClk &Rec ORD R 15.0010/25/2001 D 0 0 3:43F This ordinance shall become effective immediately upon final passage and approval. A I u ? n l � lr � l � QJF, INTRODUCED: July 23 2001 BY: Corinne Koehler ttoUNCI PE SON APPROVED: ENI\QF CITY COUNCIL ATTESTED BY.� T ERK PASSED AND APPROVED: Auqust 13, 2001 Background Paper for Proposed ORDINANCE 6&- 4& -) -�;o AGENDA ITEM DATE: JULY 23, 2001 DEPARTMENT: DEPARTMENT OF ZONING TITLE AN ORDINANCE AMENDING ORDINANCE NO. 6561 TO CORRECT LEGAL DESCRIPTION CONTAINED IN SECTION 1 THEREOF ISSUE Should the City Council approve an amended ordinance for King Soopers Subdivision RECOMMENDATION Approval of this Ordinance BACKGROUND This ordinance is being amended so that the legal description of the property will be same as is detailed in the deed for the property. FINANCIAL IMPACT None 1 11111111111111111111111111111111 II 1408261 Page: 1 of 10 10/25/2001 03:43F AG R 50.00 D 0.00 SL LVfPROVE-NiE�'TS AGREEMENT THIS AGREEtiIENT is made on StVA4111 n 09 2001 bens - ten the CITY OF PL - EBLO, atilunicipal Corporation ( "Cin- "). and NAKS, LLC, an Arizona limited liability compan ("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 &ej2A Q King Soopers Subdivision ( "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 and documents on file at the office of the City's Director of Public Works ( "Required Public Improvements "); and WHEREAS, by Chapter 4, Title XII of the 1971 Code of Ordinances, Subdivider is obligated to provide security or collateral sufficient in the judgement of the City Council to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and Subdivider agree as follows: 1. Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or DPW 101 10/21/98 1408261 Page: 2 of 10 10/25/2001 03:43F ChrisC.Munoz PuebloCtYM &Rec SUB AG R 50.00 0 0.00 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 ". . 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 (18 0) 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 10/21/98 2 1408261 Page: 3 of 10 10/25/2001 03:43F ChrisC.Munoz Pueb1oCtyC1k &Rec SUB AG R 50.00 D 0.00 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 (3) 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 fast 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 ofthe 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 10/21/98 3 1408261 Page: 4 of 10 10/25/2001 03:43F ChrisC.Munoz PuebloCtYC1k &Rec SUB AG R 50.00 D 0.00 be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible for all the Required Public Improvements. 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots, and shall include the full width of all streets upon which such lots abut. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage 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 its terms, conditions and restrictions. 13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance or transfer of any DPW 101 10/21/98 4 1408261 1111111 1111111 Page: 5 of 10 10/25/2001 03:43F ChrisC.Munoz Pueb1aCtyC1k &Rec SUB AG R 50.00 D 0.00 lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation concerning this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorneys' fees. 14. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and be signed by all parties. 15. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement runnin 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. NAKS, LLC., an Arizona limited liabilit Subdivider company (SEAL) GGIcNTY • Y STATE OF ARIZONA ) s s . COUNTY OF MARICOPA ) B Crai . Ei nberg, Trustee By: DPW 101 10/21 /98 5 1408261 #$moll Nil Page: 6 of 10 ChrisC.Munoz PuebloCtyClk &Rec SUB AG R 50.00 10/25/2001 D0 00 3:43F The foregoing instrument was acknowledged before me on G a 2001 by NAKS, LLC, an Arizona limited liability company Craig F. Eisenberg, Trustee of NAKS, LLC, an Arizona l liabi ,ty company. Subdivider. My commission expires: September 30, 2004 City STATE OF COLORADO ) ) ss COUNTY OF COLORADO ) Notary Public - Suzanne Miilikin CITY` PUEB O, cipal Co oration The foregoing instrument was acknowledged before me on October 22 2001 by Al Gurul P , as President of City Council, and Gina D u t r h P r _ , as City Clerk of the City of Pueblo, O Q . . L • p . mmission expires: 8 -21 -2003 • p 'Notary Public My Cowrissm E);m Mi x? APPROVED AS TO FORM : ity Attomey DPW 101 10/21/98 0 Dy , P Aident of the Council The foregoing instrument was acknowledged before me on October 22 2001 by Al Gurul P , as President of City Council, and Gina D u t r h P r _ , as City Clerk of the City of Pueblo, O Q . . L • p . mmission expires: 8 -21 -2003 • p 'Notary Public My Cowrissm E);m Mi x? APPROVED AS TO FORM : ity Attomey DPW 101 10/21/98 0 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" PARCEL A: A PORTION OF THE FOLLOWING DESCRIBED PROPERTY: ALL OF THAT PORTION OF BLOCKS 2 AND 3 AND SUCH STREETS AND ALLEYS ADJACENT THERETO, OF THE VACATED UNIVERSITY PLACE, A SUBDIVISION OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 8 TH P.M., AND A PORTION OF THE NE 1/4 OF THE NE 1/4 OF SECTION 10, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6' P.M., CONTAINED WITHIN THE FOLLOWING BOUNDARIES: BEGINNING AT A POINT ON THE SOUTH LINE OF THE PRESENT COLORADO STATE HIGHWAY NO. 78 RIGHT -OF -WAY (OLD STATE HIGHWAY NO. 76), AND 422 FEET WEST OF THE WEST LINE OF PRAIRIE AVENUE; THENCE DUE SOUTH A DISTANCE OF 125.00 FEET; THENCE N 89 DEGREES 58 MINUTES E, A DISTANCE OF 125.00 FEET; THENCE DUE SOUTH A DISTANCE OF 498.00 FEET; THENCE DUE WEST A DISTANCE OF 677.50 FEET; THENCE DUE NORTH A DISTANCE OF 616.30 FEET TO THE SAID SOUTH RIGHT -OF -WAY LINE OF THE PRESENT COLORADO STATE HIGHWAY NO. 78; THENCE EASTERLY ALONG THE SAID SOUTH HIGHWAY RIGHT - OF -WAY LINE AND ALONG THE ARC OF A CURVE TO THE RIGHT, WITH A RADIUS OF 1392.5 FEET, A DISTANCE OF 10.10 FEET; THENCE CONTINUING ALONG THE SAID SOUTH HIGHWAY RIGHT -OF -WAY LINE, N 88 DEGREES 19 MINUTES E, A DISTANCE OF 246.40 FEET, THENCE CONTINUING ALONG THE SAID SOUTH HIGHWAY RIGHT -OF -WAY LINE, N 89 DEGREES 58 MINUTES E, A DISTANCE OF 296.20 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION NOW KNOWN AS MAROBECK PARK SUBDIVISION, COUNTY OF PUEBLO, STATE OF COLORADO. LESS AND EXCEPT PARCEL B: ALL OF MAROBECK PARK SUBDIVISION, COUNTY OF PUEBLO, STATE OF COLORADO. PARCEL C: EASEMENT FOR ROADWAY PURPOSES AS CREATED BY EASEMENT AGREEMENT RECORDED NOVEMBER 20, 1968 IN BOOK 1644 AT PAGE 526 THROUGH AND OVER THE FOLLOWING PROPERTY: COMMENCING AT A POINT 46 FEET WEST OF THE CITY MONUMENT AT PRAIRIE AND NORTHERN AVENUE, THENCE SOUTH 523 FEET AND ALONG THE WEST SIDE OF PRAIRIE AVENUE TO A POINT ON THE WEST SIDE OF PRAIRIE AVENUE WHICH IS THE PLACE OF BEGINNING, THENCE WEST 297 FEET, THENCE NORTH 40 FEET AND PARALLEL TO THE WEST SIDE OF PRAIRIE AVENUE, THENCE EAST 297 FEET TO A POINT ON THE WEST SIDE OF PRAIRIE AVENUE, THENCE SOUTH 40 FEET ALONG THE WEST SIDE OF PRAIRIE AVENUE TO THE PLACE OF BEGINNING, IN 1408261 Page: 7 of 10 10/25/2001 03:43F ChrisC.Munoz PuebloCtyClk &Rec SUB AG R 50.00 D 0.00 THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 21 SOUTH, RANGE 65 WEST, COUNTY OF PUEBLO, STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A TRACT OF LAND BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE SOUTHERLY RIGHT -OF -WAY LINE OF NORTHERN AVE. LYING WESTERLY OF THE NORTHWEST CORNER OF SIERRA SUBDIVISION, IS ASSUMED TO BEAR N89 0 24'55 "E, A DISTANCE OF 296.15 FEET. BEGINNING AT THE NORTHWEST CORNER OF SIERRA SUBDIVISION AS RECORDED JANUARY I2, 1998, IN BOOK 3073, PAGE 456 OF PLATS, IN THE OFFICE OF THE RECORDER OF SAID PUEBLO COUNTY, SAID NORTHWEST CORNER BEING ON THE SOUTH RIGHT -OF -WAY LINE OF NORTHERN AVENUE; THENCE SOUTH 00 0 51'38" EAST ALONG THE MOST WESTERLY BOUNDARY OF SAID SIERRA SUBDIVISION, 125.00 FEET; THENCE NORTH 89 0 05'32" EAST CONTINUING ALONG THE BOUNDARY LINE OF SAID SIERRA SUBDIVISION, 124.96 FEET; THENCE SOUTH 00 0 50'23" EAST ALONG SAID BOUNDARY, 344.26 FEET TO THE SOUTHWEST CORNER OF SAID SIERRA SUBDIVISION; THENCE SOUTH 00 °50'23" EAST A DISTANCE OF 154.41 FEET, MORE OR LESS, TO A POINT ON THE NORTH RIGHT -OF- WAY LINE OF WEDGEWOOD DRIVE; THENCE SOUTH 89 0 09'23" WEST ALONG SAID NORTH RIGHT -OF -WAY LINE, 676.88 TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF MOORE AVENUE; THENCE NORTH 00 °55' 18" WEST ALONG SAID EAST RIGHT -OF -WAY LINE, 421.45 FEET, THENCE NORTH 87 0 29'07" EAST A DISTANCE OF 174.98 FEET; THENCE NORTH 00 WEST A DISTANCE OF 195.70 FEET, MORE OR LESS, TO THE AFOREMENTIONED SOUTH RIGHT -OF -WAY LINE OF NORTHERN AVENUE; THENCE NORTH 87 0 14'52" EAST ALONG SAID SOUTH RIGHT - OF -WAY LINE 81.46 FEET; THENCE CONTINUING EAST ALONG SAID SOUTH RIGHT - OF -WAY LINE NORTH 89 0 24'55" EAST, 296.15 FEET, MORE OR LESS, TO POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 8.541 ACRES. 1408261 Page: 8 of 10 10/25/2001 03:43F ChrisC.Munoz PuebloCtyClk &Rec SUB AG R 50.00 D 0.00 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" SUBDIVISION NAME: PUEBLO KING SOOPERS SUBDIVISION DEVELOPER: NAKS, LLC, AN ARIZONA LIMITED LIABILITY COMPANY ENGINEER: MAURITA J. CASPER, P.E. Unit Description Unit Price Units Quantity Total Unit Cost DRAINAGE 1. "V" NOTCHED WIER OUTFALL STRUCTURE $ 800.00 EA l $ 800.00 2. SIDEWALK DRAIN $ 250.00 LF 1 $ 250.00 3. GRADING $ 2.00 CY 1,200 $ 2,400.00 4. ESTABLISHING VEGETATION $ 12,000.00 AC 0.17 $ 2,040.00 SANITARY SEWER 1. SANITARY SEWER SERVICE (80' ROW) $ 1,049.00 EA 1 $ 1,049.00 2. 6" FULL DEPTH ASPHALT PATCH $ 19.50 SY 20 $ 390.00 WATER MAIN EXTENSION 1. 6" PVC WATER LINE $ 40.00 LF 251 $ 10,040.00 2. FIRE HYDRANT ASSEMBLY $ 2,700.00 EA 1 $ 2,700.00 3. 6" FULL DEPTH ASPHALT PATCH $ 19.50 SY 112 $ 2,184.00 4. 1" ASPHALT OVERLAY $ 45.00 TON 67.33 $ 3,030.00 EROSION CONTROL (ON -SITE) L MIRAFI 100X SILT FENCE $ 2.75 LF 100 $ 275.00 2. STRAW BALE CHECK DAM $ 4.00 EA 10 $ 40.00 MISCELLANEOUS SUB -TOTAL $ 25,198.00 This is an estimate only, utilizing prices from the UNIT PRICE LIST FOR EXHIBIT `B" as provided by the City of Pueblo and may not include all construction costs. Actual construction costs may vary. PREPARED BY: DATE: C1 T oy , , = d Designs REVIEWED BY: ,���'� "� DATE: Adaurita Casper, P.1, MJ( Consulting, LLC -- REVIEWED BY: ) 41 L DATE: CITY OF PUEBLO q 1 408261 Revised: September 25, 2001 111 11111111111111111111111 11 1111111 100/25/2001 03:43F ChrisC.Munoz Pueb1oCtYC1k &Re0 SUB AG R 50.00 D 0.00 CONSENT OF LENDER The undersigned being the holder of the indebtedness secured by the Deed of Trust, Security Agreement, Financing Statement and Fixture Filing With Absolute Assignment of Rents and Leases, dated June 29, 2000, and recorded July 14, 2000, at Reception No. 1341896, Pages 1 -52 ( "Deed of Trust "), does hereby consent to the recordation of the Subdivision Plat recorded at Reception No. Ho $ X., the records of Clerk and Recorder of Pueblo County, Colorado, and consents to the dedication of all streets, easements, rights of way and access restrictions shown thereon. The undersigned hereby subordinates its security interest in the real property described in the Deed of Trust to any Subdivision Improvements Agreement or Addendum thereto between the Subdivider and the City of Pueblo, executed in conjunction therewith. By executing this Consent, the undersigned shall not be bound by or be required to undertake any of Subdivider's obligations or liabilities under any Subdivision Improvements Agreement or Addendum, nor is the undersigned a co- subdivider, joint venturer or partner with Subdivider. The foregoing subordination to any Subdivision Improvements Agreement or Addendum shall not constitute a subordination of the undersigned's other rights or interests granted to the undersigned in any instruments, documents, or agreements. Further, this Consent does not change any of the terms, conditions, liabilities or obligations of Subdivider set forth in any of the documents or instruments evidencing the indebtedness of Subdivider to the undersigned. Signed this � 4Jx day of September, 2001. FARM BUREAU LIFE INSURANCE COMPANY oger PJ SWIFer Investment Vice President -Real Estate STATE OF IOWA ) SS COUNTY OF POLK ) The foregoing instrument was acknowledged before me this V1 day of September, 2001, by Roger PJ Soener as Investment Vice President -Real Estate of Farm Bureau Life Insurance Company. My commission expires /0 (c, - G 0 01 `O MICHELLE L. COOK Commission Number 1860,;; oW p My Comm. Exp. D -4 - Zoo ,Notary Public 1408261 Page: 10 of 10 1 111111 Munoz Pueblo SUB AG R 50.00 0/25 3:43F JPITCHER/1214723.1 /32078.008