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HomeMy WebLinkAbout07000Reception 1564173 05/05/2004 ORDINANCE NO. 7000 AN ORDINANCE APPROVING THE PLAT OF VENTANA SUBDIVISION FILING NO. 1 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Ventana Subdivision Filing No. 1, being a subdivision of land ' legally described as: A parcel of land in the E %2 of the NE' /4 and in the E' /z of the NE' /4 of the NW' /4 of the NE 1 / of Section 17, Township 21 South, Range 65 West of the 6th P.M., lying North of the Northerly right -of -way line of Colorado State Highway No. 78, as presently located, in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the East line of the NE '/4 of Section 17, Township 21 South, Range 65 West of the 6 P.M. to bear N. 00 0 04'53" W. and all bearings contained herein being relative thereto. Beginning at the Northeast corner of said Section 17; thence S. 00 0 04'53" E., along the said East line of the NE ' / 4 of Section 17, a distance of 1783.64 feet to the Northerly right -of -way line of said Colorado State Highway No. 78, as presently located; thence Southwesterly along said right -of -way line the following two (2) courses: 1. S. 52 0 29'36" W., a distance of 604.46 feet; 2. Southwesterly, along the arc of a curve to the right whose radius is 34, 305 feet, a distance of 574.62 feet; thence Northwesterly, along the arc of a curve to the left whose center bears S. 50 0 57'03" W. and whose radius is 170 feet, a distance of 56.08 feet; thence N. 57 0 56'55" W., a distance of 56.84 feet; thence Northwesterly, along the arc of a curve to the right whose radius is 230 feet, a distance of 121.13 feet; thence N. 27 0 46'22" W., a distance of 60.29 feet; thence Northeasterly, along the are of a curve to the left whose center bears N. 21 0 37'20" W. and whose radius is 280 feet, a distance of 77.01 feet; thence N. 52 0 37'07" E., a distance of 75.64 feet to the East side of a natural drainage feature; thence Northerly, along said East side the following twenty -six (26) courses: 1. N. 37 0 22'53" W., a distance of 131.13 feet; 2. N. 27 0 07'42" W., a distance of 178.56 feet; 3. N. 33 0 12'12" E., a distance of 71.31. feet; 4. Northerly, along the arc of a curve to the right whose center bears N. 58 0 45'33" E. and whose radius is 52 feet, a distance of 44.61 feet; 5. N. 72 0 00'55" W., a distance of 82.09 feet; 6. N. 11 0 10'39" W., a distance of 123.88 feet; 7. N. 12 0 47'01" E., a distance of 159.34 feet; 8. N. 43 °30'11" E., a distance of 20.00 feet; 9. Northerly, along the arc of a curve to the right whose center bears N. 43 °30'11" E. and whose radius is 52 feet, a distance of 56.34 feet; 10. N. 74 0 25'09" W., a distance of 60.62 feet; 11. N. 12 °36'21" W., a distance of 135.43; 12. N. 06 0 20'02" E., a distance of 109.73 feet; 13. N. 63 0 39'20" E., a distance of 91.42 feet; 14. Northerly, along the arc of a curve to the right whose center bears N. 64 0 05'27" E. and whose radius is 52 feet, a distance of 58.31 feet; 15. N. 50 0 29'37" W., a distance of 20.92 feet; 16. N. 09 0 54'59" W., a distance of 128.44 feet; 17. N. 65 0 40'10" E., a distance of 70.75 feet; 18. N. 15 0 51'39" E., a distance of 142.25 feet; 19. N. 59 0 15'32" E., a distance of 50.64 feet; 20. Northerly, along the arc of a curve to the right whose center bears N. 59 0 15'32" E. and whose radius is 52 feet, a distance of 40.43 feet; 21. N. 76 0 11'49" W., a distance of 31.14 feet; 22. N. 16 0 59'46" W., a distance of 188.37 feet; 23. N. 29 °52'11" E., a distance of 108.85 feet; 24. Northerly, along the arc of a curve to the right whose center bears N. 29 0 52'28" E. and whose radius is 52 feet, a distance of 47.69 feet; 25. S. 82 0 25'25" W., a distance of 20.00 feet; 26. N. 51 °11'15" W., a distance of 214.41 feet; Thence N. 38 0 48'45" E., a distance of 6.76 feet; thence Northeasterly, along the arc of a curve to the right whose radius is 790 feet, a distance of 710.51 feet to the North line of the said NE' /. of Section 17; thence S. 89 0 39'25" E., along said North line, a distance of 706.76 feet to the Point of Beginning. Containing 59.297 acres. is hereby approved, and all dedicated streets, utility and drainage easements, rights -of- 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 Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement 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 requirements 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 Pueblo Municipal Code, 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 becomes effective. INTRODUCED: May 27, 2003 BY: Al Gurule . YaeLO. COUNCILPE P% Q C APPROVED: r ' PRMDENT OF CITY COUNCIL F t A 8r t Li CLERK 4 �4A7y PASSED AND APPROVED: June 9, 2003 Background Paper for Proposed ORDINANCE AGENDA ITEM # ' �O DATE: May 27, 2003 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/GLYNIS A. JORDAN, AICP TITLE AN ORDINANCE APPROVING THE PLAT OF VENTANA SUBDIVISION FILING NO. 1 ISSUE Shall City Council approve a request to subdivide this property for the purpose of residential and commercial development? RECOMMENDATION The Planning Commission voted unanimously to recommend approval. BACKGROUND The applicant is proposing to subdivide the existing 59.297 -acre parcel into multiple parcels for the purposes of residential and commercial (1 lot) development. Additionally, the predominately residential development will be constructed on a public street system. Except for one item (drainage), the conditions of approval as described in the Subdivision Review Committee memo dated February 26, 2003, and approved by the Planning Commission, have been satisfactorily addressed. The remaining drainage item will be resolved prior to the City Council hearing this item. FINANCIAL IMPACT None Reception 1564175 05/05/2004 RATIFICATION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by a deed of trust recorded March 28 , 2002 in Book at Page , Reception Number 1421971 , does hereby ratify and consent to the subdivision of the land platted as Ventana shown on the Subdivision Plat recorded by Reception Number in the records of Pueblo County, Colorado, and confirms and joins in the dedication of all streets, easements, rights of way and access restrictions shown thereon and subordinates its interest in the property described in the Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto between the Subdivider and City of Pueblo executed in conjunction therewith. Signed this 8th day of April , 2004 Holloran Family Partnership, RLLLP Company Name /. Title: General Partner STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 8th day of April , 2004 by Joseph W. Holloran as General Partner of Holloran Family Partnership, RLLLP My Commi�sinn R , R DPW 107 " 02/05/02 -� ;GA I O �.: 0 ' 5 00 O* 06/03/07 Notary Public Sharon T. Johns Reception 1564176 05/05/2004 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on Mof&) a 3 , C7 ) = q between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and Ridgegate at Pueblo, LLC a Colorado Limited Liabitlity 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 Ventana, Filing No,l ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the Pueblo Municipal Code; and WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ( "Required Public Improvements "); and WHEREAS, the Required Public Improvements are generally described in the attached Exhibit `B" and show on approved construction plans and documents on file in the office of the City's Director of Public Works ( "Plans and Documents "). WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is obligated to provide security or collateral sufficient in the judgement of the Director of Public Works to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the foregoing and 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, DPW 101 02/03/04 subject to an escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner 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 Improve- ments 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 (1/2) of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider, however, shall provide a turnaround of at least sixty (60') 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 recent 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 02/03/04 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 Chapter 4, Title XII of the Pueblo Municipal Code, 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 the 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 compete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's DPW 101 02/03/04 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 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 therefore 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 therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges 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 or encumbrance shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions. 13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation arising out of this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. Venue for any such litigation shall be Pueblo County, Colorado. DPW 101 02/03/04 14. City and Subdivider have attempted by the attached Exhibit `B" and Plans and Documents to describe all Required Public Improvements to be constructed and installed by Subdivider with respect to the Subdivision. However, if the attached Exhibit `B" and Plans and Documents fail to described or to include, for any reason, any Required Public Improvement described and set forth in Chapter 4, Title X11 of the Pueblo Municipal Code and the standards and specifications approved by City Council ("Omitted Public Improvement "), Subdivider shall not be released or discharged from Subdivider's obligation to construct and install the Omitted Public Improvement in the time and manner contained in this Agreement and Chapter 4, Title XII of the Pueblo Municipal Code. 15. All Required Public Improvements shall be constructed and installed in compli- ance with all applicable standards and specifications approved by City Council. 16. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. 17. 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 rye officer. T �u c ••..o G �o of cod My Gommirim EKOm 10/17007 Ridgegate at Pueblo, LLC, a Colorado Limited Liability Company Subdivider By: Roger H. Fo a, P nt o um Cree ssociates, Inc., a Co orado Corporation as Managing Member of Ridgegate at Pueblo, LLC, a Colorado Limited Liability Company The fore oing instrument was acknowledged before me on I Y o fch o� 3 by Roger H. Fonda, President f Plum Creek Associates, Inc Subdivider. a Colorado Corporation as Managing Member of Ridgegate at Pueblo LLC, a Colorado Limited Liability Company My commission explr6s: , o 11-110- Notary Public DPw101 02/03/04 ATTEST: City 'lerk STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) CITY OF PUEBLO, a Municip oration By: Present of City Council The foregoing instrument was acknowledged before me this 5th day of May ' 2004 by Randy Thurston ,as President of City Council, and Gina Dutrhar as City Clerk of the City of Pueblo, Colorado. my hand and official seal. ? My c ission expires: 8 -21 -2007 v e .G. AW N otary Public OF APPROVED AS TO FORM: f Ac--� City Attorney DPW 101 02/03/04 EXHIBIT A A parcel of land in the E 1 /2 of the NE 1 /4 and in the E 1 /2 of the NE 1 /4 of the NW 1 /4 of the NE 1 /4 of Section 17, Township 21 South, Range 65 West of the 6"' P.M., lying North of the Northerly right -of -way line of Colorado State Highway No. 78, as presently located, in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the East line of Section 17, Township 21 South, Range 65 West of the 6th P.M. to bear N. 00 0 04'53" W. and all bearings contained herein being relative thereto. Beginning at the Northeast corner of said Section 17; thence S. 00 0 04'53" E., along the said East line of Section 17, a distance of 1783.64 feet to the Northerly right -of -way line of said Colorado State Highway No. 78, as presently located; thence Southwesterly, along said right -of -way line the following two (2) courses: 1. S. 52 0 2936" W., a distance of 604.46 feet; 2. Southwesterly, along the arc of a curve to the right whose radius is 34,305 feet, a distance of 574.62 feet; thence Northwesterly, along the arc of a curve to the left whose center bears S. 50 °57'03" W. and whose radius is 170 feet, a distance of 56.08 feet; thence N. 57 0 56'55" W., a distance of 56.84 feet; thence Northwesterly, along the arc of a curve to the right whose radius is 230 feet, a distance of 121.13 feet; thence N. 27 0 4622" W., a distance of 60.29 feet; thence Northeasterly, along the arc of a curve to the left whose center bears N. 21 0 37'20" W. and whose radius is 280 feet, a distance of 77.01 feet; thence N. 52 0 37'07" E., a distance of 75.64 feet to the East side of a natural drainage feature; thence Northerly, along said East side the following twenty -six (26) courses: 1. N. 37 0 22'53" W., a distance of 131.13 feet; 2. N. 27 0 07'42" W., a distance of 178.56 feet; 3. N. 33 0 12'12" E., a distance of 71.16 feet; 4. Northerly, along the arc of a curve to the right whose center bears N. 33 0 12'12" E. and whose radius is 52 feet, a distance of 62.99 feet; 5. N. 77 0 2323" W., a distance of 62.20 feet; 6. N. 32 0 04'47" W., a distance of 71.32 feet; 7. N. 12 0 47'01" E., a distance of 222.00 feet; 8. N. 43 0 30'11" E., a distance of 20.00 feet; 9. Northerly, along the arc of a curve to the right whose center bears N. 43 0 30'11" E. and whose radius is 52 feet, a distance of 56.34 feet; 10. N. 74 0 25'09" W., a distance of 60.62 feet; 11. N. 12 0 36'21" W., a distance of 135.43 feet; 12. N. 06 0 20'02" E., a distance of 109.73 feet; 13. N. 63 0 39'20" E., a distance of 91.42 feet; 14. Northerly, along the arc of a curve to the right whose center bears N. 64 0 05'27" E. and whose radius is 52 feet, a distance of 58.31 feet; 15. N. 50 0 2937" W., a distance of 20.92 feet; 16. N. 09 0 54'59" W., a distance of 128.44 feet; 17. N. 65 0 40'10" E., a distance of 70.75 feet; 18. N. 15 0 51'39" E., a distance of 142.25 feet; 19. N. 59 0 1532" E., a distance of 50.64 feet; 20. Northerly, along the arc of a curve to the right whose center bears N. 59 0 15'32" E. and whose radius is 52 feet, a distance of 40.43 feet; 21. N. 76 0 11'49" W., a distance of 31.14 feet; 22. N. 16 0 5946" W., a distance of 188.37 feet; 23. N. 29 0 52'11" E., a distance of 108.85 feet; 24. Northerly, along the arc of a curve to the right whose center bears N. 29 0 5228" E. and whose radius is 52 feet, a distance of 47.69 feet; 25. S. 82 0 2525" W., a distance of 20.00 feet; 26. N. 51 0 11'15" W., a distance of 214.41 feet; 1564176 Page: 8 of 22 05/05/2004 11:35A 00 D 0.00 thence N. 38 0 4845" E., a distance of 6.76 feet; thence Northeasterly, along the arc of a curve to the right whose radius is 790 feet, a distance of 710.51 feet; thence S. 89 0 39'25" E., a distance of 706.76 feet to the Point of Beginning. Containing 59.341 acres. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, Colorado 81003 January 30, 2003 JN 01 018 06 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDMSION NAME: VENTANA SUBDIVISION FILING NO. 1 DEVELOPER: Ridgegate at Pueblo, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 1 STREETS (BANDERA BLVD) Asphalt (4" Asphalt on 10" Base) 4 SY @ $23.50 /SY = $101,050 Curb and Gutter 4 LF @ $10.00 /LF = $42,000 Handicap Ramps 400 SF @ $3.50 /SF = $1,400 Sidewalk 3,400 SF @ $2.50 /SF = $8,500 Crosspan 715 SF @ $3.80 /SF = $2,717 WATER 12" PVC Water Main 1,600 LF @ $40.00 /LF = $64,000 Fire Hydrant Assembly 3 EA @ $2,700.00 /EA = $8,100 SANITARY SEWER: 8" PVC Sewer Main 880 LF @ $35.00 /LF = $30,800 48" Manholes 4 EA @ $2,240.00 /EA = $8,960 STORM SEWER 30" HDPE Pipe 770 LF @ $60.00 /LF = $46,200 Type 1 -B Manhole 4 EA @ $2,000.00 /EA = $8,000 Flowable Fill 3 CY @ $50.00 /CY = $150 STREET LIGHTS 3 EA @ $1,300.00 /EA = $3,900 MONUMENT BOX 3 EA @ $575.00 /EA = $1,725 BARRICADE 1 EA @ $1,125.00 /EA = $1,125 STREET SIGNS 100' R.O.W. (T- Intersection) 2 EA @ $400.00 /EA = $800 BANDEM BLVD $329,427 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1564176 Page: 9 of 22 ChrtsC.Munoz PuebloCtyClk6Ra IIIIIII 05/05/2004 11.35A c SUBO AG R 111.00 0 0.00 I SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: VENTANA SUBDIVISION FILING NO. 1 @ DEVELOPER: Ridgegate at Pueblo, LLC. Type "S" Inlet, L =20' ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 1 $14,600 Flowable Fill 12 CY @ STREETS (SIENA DRIVE) $600 Rip -Rap 25 CY @ Asphalt (5" Asphalt on 9" Base) 1,850 SY @ $24.50 /SY = $45,325 Curb and Gutter 900 LF @ $10.00 /LF = $9,000 Handicap Ramps 200 SF @ $3.50 /SF = $700 Sidewalk 1 SF @ $2.50 /SF = $4,500 Crosspan 715 SF @ $3.80 /SF = $2,717 WATER 16" PVC Water Main 1,300 LF @ $40.00 /LF = $52,000 Fire Hydrant Assembly 3 EA @ $2,700.00 /EA = $8,100 SANITARY SEWER: 8" PVC Sewer Main 1,360 LF @ $33.00 /LF = $44,880 Services 10 EA @ $800.00 /EA = $8,000 48" Manholes 5 EA @ $2,240.00 /EA = $11,200 61fffflzl � 24" HDPE Pipe 240 LF @ $48.00 /LF = $11,520 Type "S" Inlet, L =20' 2 EA @ $7,300.00 /EA = $14,600 Flowable Fill 12 CY @ $50.00 /CY = $600 Rip -Rap 25 CY @ $50.00 /CY = $1,250 STREET LIGHTS 2 EA @ $1,300.00 /EA = $2,600 MONUMENT BOX 3 EA @ $575.00 /EA = $1,725 STREET SIGNS 60' R.O.W. (T Intersection) 1 EA @ $200.00 /EA = $200 STREETS A WENA DRIVE ESCROIM Asphalt (5" Asphalt on 9" Base) 4,150 SY @ $24.50 /SY = $101,675 Curb and Gutter 1 LF @ $10.00 /LF = $17,000 Sidewalk 3 SF @ $2.50 /SF = $8,500 $127,175 IIIIII VIII IIIIII IIIIII IIII VIII IIIIII III IIIIII III III) 564176 P 05/05/2004 11.3 9 SIENA DRIVE $346,092 ChrisC.Munoz Pueb1OCtyC1k&Rec SUED AG R 111.00 0 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" DEVELOPER: ENGINEER: PHASE 1 STREETS ( VENTANA CIRCLE) Asphalt (4" Asphalt on 9" Base) Curb and Gutter Handicap Ramps Crosspan WATER Water Main Services Fire Hydrant Assembly SANITARY SEWER: 8" PVC Sewer Main Services 48" Manholes 6711:3�R2N( .e�' K MONUMENT BOX STREET SIGNS 60' R.O.W. (4 -Way- Intersection) VENTANA SUBDIVISION FILING NO. 1 Ridgegate at Pueblo, LLC. NORTHSTAR ENGINEERING AND SURVEYING, INC. 5 SY @ $22.50 /SY = $130,500 3,500 LF @ $10.00 /LF = $35,000 1,000 SF @ $3.50 /SF = $3,500 1 SF @ $3.80 /SF = $5,434 1,255 LF @ $40.00 /LF = $50,200 4 EA @ $500.00 /EA = $2,000 2 EA @ $2,700.00 /EA = $5,400 200 LF @ $35.00 /LF = $7,000 1 EA @ $800.00 /EA = $800 2 EA @ $2,240.00 /EA = $4,480 6 EA @ $1,300.00 /EA = $7,800 3 EA @ $575.00 /EA = $1,725 3 EA @ $300.00 /EA = $900 VENTANA CIRCLE $254,739 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 5 564 0 76 ChrisC.Munoz PuebloCtyClk&Rec SUBD AG R 111.00 0 0.00 10 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: f7�l�EiTl�:�i ENGINEER: PHASE 1 STREETS (TERRICINA PLACE) Asphalt (3" Asphalt on 6" Base) Curb and Gutter Sidewalk Tree Root Barrier WATER Water Main Services Fire Hydrant Assembly SANITARY SEWER: 8" PVC Sewer Main Services 48" Manholes STORM SEWER 18" RCP Pipe 24" RCP Pipe 36" RCP Pipe 42" RCP Pipe Type 1 -C Manhole Type "S" Inlet, L =7' Type "S" Inlet, L =10' Sidewalk Drain Flowable Fill VENTANA SUBDMSION FILING NO. 1 Ridgegate at Pueblo, LLC. NORTHSTAR ENGINEERING AND SURVEYING, INC. 3 SY @ $17.50 /SY = $61,250 2 LF @ $10.00 /LF = $21,000 200 SF @ $2.50 /SF = $500 500 LF @ $2.00 /LF = $1,000 1 LF @ $40.00 /LF = $40,000 28 EA @ $500.00 /EA = $14,000 1 EA @ $2,700.00 /EA = $2,700 950 LF @ $35.00 /LF = $33,250 18 EA @ $800.00 /EA = $14,400 6 EA @ $2,240.00 /EA = $13,440 63 LF @ $36.00 /LF = $2,268 22 LF @ $48.00 /LF = $1,056 67 LF @ $72.00 /LF = $4,824 1,100 LF @ $78.00 /LF = $85,800 2 EA @ $2,500.00 /EA = $5,000 2 EA @ $3,100.00 /EA = $6,200 1 EA @ $4,000.00 /EA = $4,000 1 EA @ $1,500.00 /EA = $1,500 12 CY @ $50.00 /CY = $600 STREET LIGHTS 2 EA @ $1,300.00 /EA = $2,600 MONUMENT BOX 4 EA @ $575.00 /EA = $2,300 IIIIII VIII VIII) IIIIII )III VIII IIIIII III IIIIII III )III 55640 35A 76 TERRICINA PLACE $317,688 ChrisC.Munoz PuebloCtvC1k6Rec SUBD AG R 111.00 D 0.00 11 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: xA Wei ;l" ENGINEER: PHASE 1 STREETS (MAGGIANO PLACE) Asphalt (3" Asphalt on 6" Base) Curb and Gutter Sidewalk Tree Root Barrier WATER Water Main Services Fire Hydrant Assembly SANITARY SEWER: 8" PVC Sewer Main Services 48" Manholes STORM SEWER 15" RCP Pipe Type "S" Inlet, L =5' Sidewalk Drain STREET LIGHTS MONUMENT BOX VENTANA SUBDIVISION FILING NO. 1 Ridgegate at Pueblo, LLC. NORTHSTAR ENGINEERING AND SURVEYING, INC. 3 SY @ $17.50 /SY = $59,500 2 LF @ $10.00 /LF = $20,000 200 SF @ $2.50 /SF = $500 500 LF @ $2.00 /LF = $1,000 1 LF @ $40.00 /LF = $40,000 27 EA @ $500.00 /EA = $13,500 1 EA @ $2,700.00 /EA = $2,700 1 LF @ $35.00 /LF = $36,575 27 EA @ $800.00 /EA = $21,600 5 EA @ $2,240.00 /EA = $11,200 56 LF @ $30.00 /LF = $1,680 1 EA @ $2,500.00 /EA = $2,500 1 EA @ $1,500.00 /EA = $1,500 2 EA @ $1,300.00 /EA = $2,600 6 EA @ $575.00 /EA = $3,450 MIGGIANO PLACE $218,305 IIIIII VIII IIIIII IIIIII IIII VIII IIIIII III IIIIII III IIII 55640 76336 ChrisC.Munoz Pueb1oCtyC1k&Rec SUED AG R 111.00 D 0.00 12 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: DEVELOPER: Lill lei PHASE 1 STREETS ( VENEZIA PLACE) Asphalt (4" Asphalt on 9" Base) Asphalt (3" Asphalt on 6" Base) Curb and Gutter Sidewalk Handicap Ramps Tree Root Barrier WATER Water Main Services Fire Hydrant Assembly SANITARY SEWER: 8" PVC Sewer Main Services 48" Manholes STORM SEWER Sidewalk Drain STREET LIGHTS MONUMENT BOX VENTANA SUBDMSION FILING NO. 1 Ridgegate at Pueblo, LLC. NORTHSTAR ENGINEERING AND SURVEYING, INC. 2,000 SY @ $22.50 /SY = $45,000 1,700 SY @ $17.50 /SY = $29,750 2 LF @ $10.00 /LF = $25,000 200 SF @ $2.50 /SF = $500 2 SF @ $3.50 /SF = $7,000 250 LF @ $2.00 /LF = $500 1,130 LF @ $40.00 /LF = $45,200 19 EA @ $500.00 /EA = $9,500 2 EA @ $2,700.00 /EA = $5,400 1 LF @ $35.00 /LF = $39,900 19 EA @ $800.00 /EA = $15,200 5 EA @ $2,240.00 /EA = $11,200 1 EA @ $1,500.00 /EA = $1,500 2 EA @ $1,300.00 /EA = $2,600 7 EA @ $575.00 /EA = $4,025 VENEZIA PLACE $242,275 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 5 564 0 f 22 ChrisC._Munoz PuebloCtyC1k6Reo SUBD AG R 111.00 0 0.00 13 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDMSION NAME: VENTANA SUBDMSION FILING NO. 1 DEVELOPER: Ridgegate at Pueblo, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 1 MISCELLANEOUS IMPROVEMENTS Earthwork 45,000 CY @ $2.00 /CY = $90,000 6' Low Flow Pan 5 SF @ $3.20 /SF = $16,000 Forbay 4 SF @ $3.80 /SF = $16,340 Type "M" Riprap 165 CY @ $50.00 /CY = $8,250 Outlet Structure 1 EA @ $5,000.00 /EA = $5,000 Wingwalls 2 EA @ $5,000.00 /EA = $10,000 Box Culvert 100 LF @ $200.00 /LF = $20,000 Planting and Revegetation 2.05 AC @ $12,000.00 /AC = $24,600 TOTAL $190,190 WATEROUALITY PONDS Earthwork 2 CY @ $2.00 /CY = $4,000 7' Low Flow Pan 2 SF @ $3.20 /SF = $7,680 Planting and Revegetation 1.00 AC @ $12,000.00 /AC = $12,000 TOTAL $23,680 OUTFALL SANITARY SEWER (Drainage Parcel): 8" PVC Sewer Main 1 LF @ 48" Manholes 2 EA @ OUTFALL SANITARY SEWER (Highway 78): 15" PVC Sewer Main 2 LF @ 48" Manholes 6 EA @ $35.00 /LF = $43,575 $2,240.00 /EA = $4,480 TOTAL $48,055 $35.00 /LF = $71,050 $2,240.00 /EA = $13,440 TOTAL $84,490 111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 55640 76 tYC1kBRec SUBD AG 11.35p ChrisC.Munoz PUehloC R 111.00 D 0.00 14 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: VENTANA SUBDMSION FILING NO. 1 DEVELOPER: Ridgegate at Pueblo, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 1 MISCELLANEOUS IMPROVEMENTS (CONTA HIGHWAY 78 IMPROVEMENTS Asphalt (8" Full Depth) 671 SY @ $23.50 /SY = $15,769 24" CMP 50 LF @ $48.00 /LF = $2,400 Type "M" Riprap 30 CY @ $50.00 /CY = $1,500 TOTAL $19,669 STREETS (SIENA DRIVE) (PHASE 2 FOR ANTELOPE TRAIL) Asphalt (3" Asphalt on 6" Base) 5 SY @ $17.50 /SY = $94,115 Curb and Gutter 2,186 LF @ $10.00 /LF = $21,860 Sidewalk 4,320 SF @ $2.50 /SF = $10,800 WATER 8" PVC Water Main 1,102 LF @ $40.00 /LF = $44,080 20" PVC Water Main 1 LF @ $75.00 /LF = $92,175 Services 5 EA @ $500.00 /EA = $2,500 Fire Hydrant Assembly 3 EA @ $2,500.00 /EA = $7,500 SANITARY SEWER: 12" PVC Sewer Main 1,188 LF @ $33.00 /LF = $39,204 48" Manholes 4 EA @ $2,240.00 /EA = $8,960 R��O 24" RCP Pipe 98 LF @ $47.00 /LF = $4,606 Type "W" Inlet 1 EA @ $4,500.00 /EA = $4,500 Type 1 -B Manhole 1 EA @ $2,000.00 /EA = $2,000 TOTAL $332,300 MISC. IMPROVEMENTS $698,384 TOTAL PHASE 1 $2,406,910 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 55640 7635A ChrisC.Munoz Pueb1oCtyC1k6ReC SUED AG R 111.00 D 0.00 15 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: VENTANA SUBDIVISION FILING NO. 1 @ DEVELOPER: Ridgegate at Pueblo, LLC. Type "S" Inlet, L =7' ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE II $3,100 Sidewalk Drain 1 EA @ STREETS(BELLAGIO WAY) $1,500 STREET LIGHTS 2 EA @ Asphalt (3" Asphalt on 6" Base) 3 SY @ $17.50 /SY = $66,500 Curb and Gutter 2,260 LF @ $10.00 /LF = $22,600 Handicap Ramps 400 SF @ $3.50 /SF = $1,400 Sidewalk 200 SF @ $2.50 /SF = $500 Tree Root Barrier 500 LF @ $2.00 /LF = $1,000 WATER Water Main 1,130 LF @ $40.00 /LF = $45,200 Services 25 EA @ $500.00 /EA = $12,500 Fire Hydrant Assembly 1 EA @ $2,700.00 /EA = $2,700 SANITARY SEWER: 8" PVC Sewer Main 1 LF @ $35.00 /LF = $36,400 Services 25 EA @ $800.00 /EA = $20,000 48" Manholes 6 EA @ $2,240.00 /EA = $13,440 STORM SEWER 18" RCP Pipe 50 LF @ $36.00 /LF = $1,800 Type "S" Inlet, L =7' i EA @ $3,100.00 /EA = $3,100 Sidewalk Drain 1 EA @ $1,500.00 /EA = $1,500 STREET LIGHTS 2 EA @ $1,300.00 /EA = $2,600 MONUMENT BOX 6 EA @ $575.00 /EA = $3,450 BELLAGIO WAY $234,690 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1564176 IIIIIIIIIIII Page: 17 of ChrisC. Munoz Puebl oCtyC1k &Rec SUBD AG 05 /05/2004 11 1: :33R R 311.00 D 0.00 liti SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: VENTANA SUBDMSION FILING NO. 1 DEVELOPER: Ridgegate at Pueblo, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE II STREETS (AVENTURA WAY) Asphalt (3" Asphalt on 6" Base) 1 SY @ $17.50 /SY = $33,250 Curb and Gutter 1 LF @ $10.00 /LF = $11,200 Handicap Ramps 400 SF @ $3.50 /SF = $1,400 Sidewalk 200 SF @ $2.50 /SF = $500 Tree Root Barrier 250 LF @ $2.00 /LF = $500 WATER 8" PVC Water Main 560 LF @ $40.00 /LF = $22,400 Services 10 EA @ $500.00 /EA = $5,000 Fire Hydrant Assembly 1 EA @ $2,700.00 /EA = $2,700 SANITARY SEWER: 8" PVC Sewer Main 650 LF @ $35.00 /LF = $22,750 48" Manholes 4 EA @ $2,240.00 /EA = $8,960 Services 10 EA @ $800.00 /EA = $8,000 STORM SEWER Sidewalk Drain 1 EA @ $1,500.00 /EA = $1,500 STREET LIGHTS 1 EA @ $1,300.00 /EA = $1,300 MONUMENT BOX 4 EA @ $575.00 /EA = $2,300 AVENTURA WAY $121 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1564176 35A ChrisC.Munoz Pueb1oCtyC1k6Rec SUBD AG R 111.00 D 0.00 17 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDMSION NAME: I�7a�l� ENGINEER: PHASE II STREETS ( VENTANA CIRCLE) Asphalt (4" Asphalt on 9" Base) Curb and Gutter Handicap Ramps Crosspan WATER 8" PVC Water Main Services Fire Hydrant Assembly SANITARY SEWER: 8" PVC Sewer Main 48" Manholes Services STREET LIGHTS MONUMENT BOX STREET SIGNS 60' R.O.W. (T- Intersection) VENTANA SUBDIVISION FILING NO. 1 Ridgegate at Pueblo, LLC. NORTHSTAR ENGINEERING AND SURVEYING, INC. 4,450 SY @ $22.50 /SY = $100,125 2,660 LF @ $10.00 /LF = $26,600 250 SF @ $3.50 /SF = $875 715 SF @ $3.80 /SF = $2,717 1,330 LF @ $40.00 /LF = $53,200 6 EA @ $500.00 /EA = $3,000 3 EA @ $2,700.00 /EA = $8,100 450 LF @ $35.00 /LF = $15,750 3 EA @ $2,240.00 /EA = $6,720 4 EA @ $800.00 /EA = $3,200 4 EA @ $1,300.00 /EA = $5,200 8 EA @ $575.00 /EA = $4,600 3 EA @ $200.00 /EA = $600 VENTANA CIRCLE $230,687 I IIIIII VIII IIIIII IIIIII IIII VIII IIIIII III IIIIII III III P a ge: 564176 ChrisC.Munoz PuebloCtyC1k &Rec SUED I 5/2004 11.35A RG R 111.00 D 0.00 In SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" VENTANA SUBDMSION FILING NO. 1 DEVELOPER: Ridgegate at Pueblo, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE II STREETS ( VENTANA WAY) Asphalt (4" Asphalt on 9" Base) 1 SY @ $22.50 /SY = $26,550 Curb and Gutter 740 LF @ $10.00 /LF = $7,400 8" PVC Water Main 330 LF @ $40.00 /LF = $13,200 Fire Hydrant Assembly 1 EA @ $2,700.00 /EA = $2,700 STREET LIGHTS 1 EA @ $1,300.00 /EA = $1,300 MONUMENT BOX 4 EA @ $575.00 /EA = $2,300 VENTANA WAY $53,450 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII 1564176 358 ChrisC.Munoz Puab1cCtyC1k&Rec SUBD AG R 111.00 0 0.00 19 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: DEVELOPER: ENGINEER: PHASE II PARCEL "B" SANITARY SEWER: 8" PVC Sewer Main 48" Manholes STORM SEWER 30" RCP Pipe Type 1 -B Manhole Flowable Fill Type "M" Riprap VENTANA SUBDIVISION FILING NO. 1 Ridgegate at Pueblo, LLC. NORTHSTAR ENGINEERING AND SURVEYING, INC. 406 LF @ $35.00 /LF = $14,210 2 EA @ $2,240.00 /EA = $4,480 475 LF @ $60.00 /LF = $28,500 1 EA @ $2,000.00 /EA = $2,000 9 CY @ $50.00 /CY = $450 30 CY @ $50.00 /CY = $1,500 PARCEL "B" $51,140 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 55640 76358 ,ChrisC.Munoz Pueb1oCtyC1k6Rec SUED AG R 111.00 D 0.00 20 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDMSION NAME: VENTANA SUBDMSION FILING NO. 1 DEVELOPER: Ridgegate at Pueblo, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE II MISCELLANEOUS IMPROVEMENTS OUTFALL SANITARY SEWER (Drainage Parcel- 8" PVC Sewer Main 840 LF @ $35.00 /LF = $29,400 48" Manholes 3 EA @ $2,240.00 /EA = $6,720 TOTAL $36,120 HIGHWA 78 IMPROVEMENTS Asphalt (8" Full Depth) 670 SY @ $23.50 /SY = $15,745 24" CMP 75 LF @ $48.00 /LF = $3,600 Type "M" Riprap 30 CY @ $50.00 /CY = $1,500 TOTAL $20,845 10' Bike path along Highway No. 78 to be escrowed. $29,476 Overhead power withen the subdivision boundaries shall be rerouted in new underground power system. MISC. IMPROVEMENTS $86,441 TOTAL PHASE 2 $778 11 TOTAL ALL PHASES $3,185,078 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. The undersigned hereby certifies that (I) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements nit prices shown hereon are the most current unit prices provided by _ A 19799 = !W Professional Engineer Date PREPARED BY:'' / %,; s!p "'p '.. E, ! MLC FIRM: ...... a NORTHSTAR ENGINEERING AND SURVEYING, INC. REVIEWED BY: OF PUEBLO 21 I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1564176 0 358 ChrizC.Munoz Pueb1oCtyC1k6Rec SUBD AG R 111.00 D 0.00 Reception 1564177 05/05/2004 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT This Addendum and attached "Exhibit "B ", Special Improvements, Dedications, and Impact Fees" (herein "Exhibit "1 ") to the Ventana Annexation Agreement A -01 -04 (hereinafter "Annexation Agreement ") shall be incorporated in and become a part of the /VAR. i► Z3 I 200cA , Subdivision Improvements Agreement for Ventana, Filing No. 1, (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. Within 180 days of the issuance of the first building permit with the Subdivision, or prior to the issuance of the first certificate of occupancy for any structure within the Subdivision, whichever occurs first, Subdivider shall: a. Construct two (2) lanes of travel, each lane not less than 12 feet in width, and 16- foot wide median and landscaping on Bandera Boulevard within the Subdivision (herein the "On -Site Improvements ") as approved by the Director of Public Works. All costs and installation of On -Site Improvements incurred by Subdivider shall not be part of the Reimbursable Costs described in Section 3 hereof. b. Pursuant to Section 6 of Exhibit "1 ", deposit with the City's Director of Finance the amount of $71,000 for the future construction of traffic control signalization at Bandera Boulevard and State Highway 78. If said funds are not used to complete all or part of such traffic control signalization within twelve (12) years after deposit, such funds shall be refunded to the Subdivider without interest. c. Deposit $127,175, as referenced in Exhibit `B" to the Subdivision Improvements Agreement, in an escrow account with the City's Director of Finance to be held in an interest - bearing account for the construction and completion of curb and gutter, City standard sidewalk, and asphalt paving on Siena Drive west of Ventana Circle (in accordance with the construction plans and specifications approved by the Director of Public Works) within the Subdivision. Upon completion and acceptance by the City of the improvements described in this subsection c., the funds in the escrow account will be released and delivered to the person or entity that completed the improvements. Monies on deposit in the escrow account shall be used only for said improvements on Siena Drive. Subdivider agrees to complete these improvements within five (5) years of the issuance of the first certificate of occupancy in the Subdivision. The 5 -year period may be extended with the approval of the Director of Public Works. d. Construct a fence along the south right -of -way line of Siena Drive, in the Subdivision to establish finish grade for future homeowners that purchase lots abutting Siena Drive. The elevation of the base of the fence shall take into account the approved elevations of Siena Drive and shall allow for proper drainage to the street. J 2. Within one - hundred eighty (180) days of the issuance of the first building permit for Lots 17 and 18 in Block 1, a 10 -foot wide by 4 -inch thick concrete bike path shall be constructed along State Highway 78 frontage in accordance with construction plans approved by the Director of Public Works. The above - referenced bike path must be completed in accordance with City's specifications prior to the issuance of the certificate of occupancy for the referenced lots. 3. a. Pursuant to Section 3 of Exhibit "I", as a condition precedent to the issuance of each building permit to build or construct any building or structure within the Subdivision, the sum of $2,000 shall be deposited (the "Deposit") with the City's Director of Finance. b. The Deposit shall be held in an interest - bearing account identified as the "Bandera Boulevard Account" ( "Account "). The Deposit and interest thereon shall be expended solely for the completion of the Bandera Project either as direct costs thereof or reimbursable costs as defined in Section 3 of Exhibit "1" within twelve (12) years of the date of the Deposit on a first in, first out basis, that is, the first Deposit in the Account paid shall be considered the first Deposit expended. Deposits not so expended shall be refunded upon application to the record owner of the property for which the Deposit is made. Applications for refund shall be made in writing to the Director of Finance within six (6) months after the expiration of the twelve -year period following date of deposit. Application shall be accompanied by a copy of the dated receipt issued for payment of the Deposit or other documents satisfactory to the Director of Finance that the fee was paid and date of payment, together with a copy of the deed to such property showing the applicant to be the current record owner of the property. c. Subdivider reimbursement from the Account for Reimbursable Costs shall be in accordance with Section 3 of Exhibit "I". 4. In the event of a conflict between any provision of the Addendum and any provision of the Annexation Agreement and Exhibit "1 ", the provisions of the Annexation Agreement and Exhibit "1" shall control. No provision of this Addendum shall be deemed to supercede, amend, or modify the provisions of the Annexation Agreement or Exhibit "1 ". 5. 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 the City of Pueblo and Subdivider and their respective heirs, personal representatives, successors, and assigns. This addendum may be specifically enforced against the Subdivider and subsequent owners of lots within the Subdivision. 6. If any provisions of this Addendum shall be determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the other provisions of this Addendum, which shall remain in full force and effect. Executed at Pueblo, Colorado, as of the date and year stated above. SUBDIVIDER: PUEBLO, A MUNICIPAL CORPORATION Ridgegate at Pueblo, LLC By: 22tn- A Colorado Limited Liability Company Presi nt of City Council By: Name: Roger H. Fonda Title: President of Plum Creek Associates, Inc. A Colorado Corporation, as Managing Member of Ridgegate at Pueblo, LLC, a Colorado Limited Liability Company Approved as to Form: City Attorney EXHIBIT 1 EXHIBITE SPECIAL IMPROVEMENTS, DEDICATIONS, AND IMPACT FEES (VENTANA ANNEXATION AGREEMENT A- 01 -04) 1. The primary access to and from the Property shall be Bandera Boulevard. Any access from State Highway 78 (SH 78) will be secondary and restricted to three- quarter movement (left -in, right -in and right -out permitted; left -out prohibited). The Transportation Plan and roads within the Property will be designed and developed so that primary access is to Bandera Boulevard and secondary limited access is to SH 78. Notwithstanding the foregoing, Petitioner may elect to provide access for the first subdivision of the Property (not to exceed seventy lots) from SH 78. In such event, City will support Petitioners request to the Colorado Department of Transportation (CDOT) for a temporary full- movement access permit from SH 78 until Bandera Boulevard is constructed. Such temporary access will be located approximately one - quarter mile west of the intersection of Bandera Boulevard and SH 78. If a temporary full movement access permit from SH 78 is obtained from CDOT, Petitioner shall in writing advise all purchasers of lots in the Property of the temporary nature of and future restrictions on such access. All costs and expenses of obtaining either the three- quarter movement or the temporary full- movement access permit from CDOT and all improvements required thereby shall be the sole responsibility of Petitioner and shall not be subject to reimbursement as Reimbursable Costs described in Section 3 hereof. 2. Petitioner shall, at its cost and expense, not later than one - hundred eighty (180) days after the issuance of the first building permit for construction within the first subdivision that includes any portion of the Property (a) obtain an access permit for Bandera Boulevard pursuant to the SH 78 Access Control Plan from CDOT, (b) dedicate to the public or deed to the City a 100 -foot right -of -way for Bandera Boulevard in an alignment approved by the Director of Public Works 2/22/02 -1- between SH 78 and the Property, and (c) construct and install a l - l improvements required by CDOT and the access permit. All such costs and expenses incurred by Petitioner shall be part of the Reimbursable Costs described in Section 3 hereof. Should the Petitioner, after good faith efforts, not be able to acquire from the property owners the 100 -foot Bandera Boulevard right -of -way between the Property and SH 78 in an alignment acceptable to the City, the City will, to the extent legally permissible, exercise its power of eminent domain to acquire the right -of -way. Petitioner shall be responsible for all compensation, damages, cost and expense of condemnation, including reasonable appraisal, expert witness and attorney fees, which shall be part of the Reimbursable Costs described in Section 3 hereof. On or before the issuance of the fiftieth (50th) building permit for construction within the Property, Petitioner shall commence and thereafter diligently complete construction and installation of (a) two (2) lanes of travel, each lane not less than 12 feet in width, and a 16 foot wide median and landscaping in Bandera Boulevard between SH 78 and the Property at such locations in Bandera Boulevard as the Director of Public Works shall approve, and (b) all improvements required by CDOT and the access permit. All road and other improvements shall comply with the Citys Standard Construction and Standard Details (February 26, 2001). All costs of construction and installation of such improvements incurred by Petitioner shall be part of the Reimbursable Costs described in Section 3 hereof. If any of the above requirements are not timely met and complied with for any reason, the City may in its sole discretion refuse to issue additional building permits for construction within the Property. If the roadway right -of -way is not dedicated or deeded to the City within said one - hundred (180) day period, or if construction of two lanes of travel and median of Bandera Boulevard is not commenced upon the issuance of the fiftieth (50th) building permit, all then existing and outstanding -2- building permits for construction within the property, except those building permits under which actual construction commenced prior to the expiration of said one - hundred eighty (180) dayperiod, shall be canceled. 3. In order to fund the cost and expenses for the development and construction of Bandera Boulevard including access and traffic signalization ( Bandera Project ),Petitioner and any subsequent owner of all or any part of the Property shall, as a condition of the issuance of a building permit for the construction of one or more dwelling units within the Property, pay a development fee of $2,000.00 for each dwelling unit to be constructed within the Property (Fee). The Fee shall be paid to the City at the time a building permit is issued for each dwelling unit and shall be deposited in an interest- bearing account identified as the Bandera Boulevard Account. Monies on deposit in the Bandera Boulevard Account shall be used only for the Bandera Project. Petitioner, for itself and its successors and assigns, including all subsequent owners of land within the Property, stipulate and agree that there is an essential nexus between the Fee and the Citys legitimate interest in providing for the construction and development of Bandera Boulevard, and that the Fee is roughly proportionate both in nature and extent to the impact of the proposed development of the Property. If Petitioner incurs cost and expenses for the installation and construction of any part of the Bandera Project which Petitioner was not required to install or construct pursuant to Citys subdivision ordinances or any Subdivision Improvements Agreement between City and Petitioner (Re imbursable Costs ), Petitioner may request reimbursement from the Bandera Boulevard Account for the Reimbursable Costs. IfPetitioner is required by the Subdivision Improvements Agreement to install all four lanes, median and landscaping of Bandera Boulevard adjacent to the Property, the cost of installing two (2) lanes of travel and 1/2 of the median and landscaping costs shall be part of the Reimbursable Costs. All requests for reimbursement shall be made to the Director of Public Works -3- upon such forms and with such supporting documents as the Director of Public Works shall determine. Request for reimbursement may not be submitted until after the improvements comprising apart of the Bandera Boulevard Project for which reimbursement is requested have been constructed or installed and approved by the Director of Public Works, but in no event later than two (2) years after the improvements have been constructed or installed. If there are inadequate monies in the Bandera Boulevard Account to pay in full the requested Reimbursable Costs, the unpaid balance thereof shall be paid without interest as monies in the Bandera Boulevard Account become available for such payment. Reimbursable Costs shall not be in addition to any cost recovery available to Petitioner under Section 12 -4 -12 of the Pueblo Municipal Code (Cost Recovery). Any Cost Recovery to which Petitioner shall be entitled pursuant to said Section 12 -4 -12 with respect to all or any part of the Reimbursable Costs for which Petitioner has filed a request for reimbursement shall be collected by the City and deposited in the Bandera Boulevard Account. 4. If the City shall impose an impact fee for the purpose of developing and constructing Bandera Boulevard including access and traffic signalization as presently established and as located and constructed in the future (Impact Fee), the Fee required by Section 3 hereof shall no longer be required to be paid for that portion of the Property subject to the Impact Fee prior to the issuance of building permits for dwelling units within the Property issued after the effective date of the imposition of the Impact Fee, provided, however, that Petitioner and each subsequent owner of land within the Property shall consent to and pay the Impact Fee in lieu of the Fee. In order to implement this Section and Section 3 above, Petitioner shall place restrictive covenants of record sufficient to bind all land within the Property thereto. 5. Petitioner may design, construct, and maintain a monument -style roadway -4- identification sign at or near the Bandera Boulevard access to the Property within the non - roadway portions of the Bandera Boulevard public right -of -way, including the median on Bandera Boulevard for the purpose of identifying Bandera Boulevard as the primary entrance to the Property. Such sign shall not create a traffic hazard and must be in conformance with all City regulations and be approved by the Subdivision Review Committee and maintained by the Petitioner or a subsequent Homeowners Association. 6. As a condition to the approval of the first subdivision which includes any portion of the Property, the Petitioner will enter into an agreement to pay a pro -rata share of a traffic control signalization at the intersection of Bandera Boulevard and SH 78. Petitioners pro -rata share will be determined at the time of approval of the first subdivision which includes anyportion of the Property by a traffic analysis approved by the City and CDOT. Petitioners pro -rata share will not be subject to reimbursement as Reimbursable Costs described in Section 3 hereof. 7. Petitioner will, at the request of the City, sign a petition pursuant to Chapter 9, Title XII, of the Pueblo Municipal Code to include the Property within a special district for the purpose of providing for the maintenance of all landscaping within the right -of -way along Bandera Boulevard as presently established and as located and constructed in the future. In order to implement this covenant, Petitioner shall place restrictions of record sufficient to bind all the land within the Property and subsequent owners thereof to this covenant. 8. After dedication of Bandera Boulevard right -of -way described in Section 2 hereof, City will request Pueblo County to rezone the triangular parcel of land between Bandera Boulevard, SH 78, and the easterly portion of the Property to a zone district compatible with Petitioners proposed use of the Property. -5- Reception 1564178 05/05/2004 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGGREEMENT (GENERAL) This Addendum shall be incorporated in and become a part of the ,44g1 -c4 Z 3 , 1 =44 Subdivision Improvements Agreement for the 1/E Flt-14r„ fro. 1 (herein the "Subdivision') and enforceable as provided in said Subdivision Improvements Agreement. 1. The developer agrees to pay $28,576 for the park dedication requirements for Ventana, Filing No. 1. Refer to Exhibit "A" for summary of park dedication fees. A future developed park will be located in Ventana, Filing No. 2. The park when developed will satisfy the park dedication requirements for both Ventana, Filing No. 1 and Ventana, Filing No. 2. Upon approval by the City of the dedication and development of said park, the cash paid for park dedication ($28,576) for Ventana, Filing No. l shall be refunded to the developer. 2. 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 the City of Pueblo and Subdivider and their respective heirs, personal representatives, successors, and assigns. This addendum may be specifically enforced against the Subdivider and subsequent owners of lots within the Subdivision. Executed at Pueblo, Colorado as of the date and year stated above. SUBDIVIDER: Ridgegate at Pueblo, LLC, a Colorado Limited Liability Company By: Roger H. Fo resi t of Plum Creek Associates, Inc., a Colorado Corporation as Managing Member of Ridgegate at Pueblo, LLC, a Colorado Limited Liability Company PUEBLO, A MUNICIPAL CORPORATION By: Exhibit "A" Park Dedication Calculation Ventana, Filing No. 1 — 59.297 acres Area of Streets curb line to curb line — 10.256 acres Platting Cost is $38,430 Raw Land Value is $6,500 /acre Area applicable to fee: 59.297 acres — 10.256 acres = 49.041 acres Raw land value: 49.041 acres x $6,500 /acre = $318,767 Total land value: $318,767 + $38,430 = $357,197 Park Escrow Value: $357,197 x 8 %= $28,576 Reception 1564179 05/05/2004 ADDENDUM TO SUBDIVISION IMPROVEMENTS AG MENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become apart of the /V1Anc. Zoa!q , Subdivision Improvements Agreement for Ventana, Filing No. l (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. The Subdivider will develop the Subdivision in separate phases in the sequence described in the attached Exhibit "A ". 2. The Subdivider shall construct and install all Required Public Improvements in the manner and as described in the Subdivision Improvements Agreement needed and required to serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A ". 3. For purposes of determining the extent and timing of the Required Public Improvements, each Phase shall be considered as a separate subdivision. 4. After completion of all Required Public Improvements for any Phase and approval thereof by the Director of Public Works, the City will release the lots in that Phase from the Subdivision Improvements Agreement and this Addendum. 5. Any development of the Subdivision contrary to the phasing sequence set forth in paragraph 1 above without the prior written approval of the Director of Public Works ( "Director ") shall constitute a breach of the Subdivision Improvements Agreement and this Addendum and City may thereafter refuse to approve the issuance of building permits for construction within the Subdivision. No modifications to the phasing sequence set forth in the attached Exhibit "A" shall be considered by the Director until the Subdivider's engineer certifies in writing that the requested modifications will not result in any lot in the Subdivision being inadequately served by required public improvements. 6. 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 the City and Subdivider and their respective heirs, personal representatives, successors, and assigns. Executed at Pueblo, Colorado, as of AA" z'>, Zooy Ridegate at Pueblo, LLC, a Colorado Limited Liability Company Subdivider By: je� � R ger H onda, t.�Xsiddht of Plum Cree Associates, Inc., a Colorado Corporation as Managing Member of Ridgegate at Pueblo, DPW103 LLG, a Colorado Limited Liability Company August 1, 2002 1 STATE OF COLORADO ) I IIIIII VIII IIIIII IIIIII (III VIII IIIIII III VIII IIII IIII 55640 793sa SS. COUNTY OF PUEBLO ChrisC.Munoz Pueb1oCtyC1k &Rec ADD AGR R 18.00 D 0.00 ) ��/� The foregoing instrument was acknowledged before me this a ' 5 day of M � OX - C/ ► , Cgo0 by Roger H.,:Fonda, President of Plum C reek Subdivider. Associates, Inc., a Colorado Corporation, as Managing Member of Ridgegate at Pueblo, LLC Witness my hand and official seal. a Colorado Limited Liability Company My commission expires: 1 co 'S. � [SEA ,1J G� S.,�pOiy� Notary Public O •; CITY OF PUEBLO, t A Municipal Corporation ��`. 0 OF COL MyCmmksbn Evims 101 B President o ity Council DPW 103 2 August 1, 2002 IIIIII VIII IIIIII IIIIII (III VIII IIIIII III VIII IIII IIII 55640 7935A ChrisC.Munoz Pueb1oCtyC1k &Reo ADD AGR R 16.00 D 0.00 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT 1X 4:11:30 div. The Subdivider will develop the Subdivision in separate phases in the following sequence: (a) Phase I shall consist of the following lots within the Subdivision: Lots 5 -18, Blk 1 Lots 1,9 -14, Blk 6 Lots 1 -12, Blk 7 Lots 1 -9, Blk 8 (b) Phase II shall consist of the following lots within the Subdivision: Lots 1 -4, Blk 1 Lots 1 -24, Blk 2 Lots 1 -10, Blk 3 Lots 1 -16, Blk 4 Lots 1 -16, Blk 5 Lots 2 -8, Blk 6 DPW 103 3 August 1, 2002 Reception 1564180 05/05/2004 DECLARATION OF COVENANTS CONCERNING Landscape EASEMENTS FOR (type of easement) Ventana, Filing No..l (name of subdivision) THIS DECLARATION OF COVENANTS is made as of April 28 , 2004 by Ri_dgegate at Pueblo, LLC , herein the "Declarant". DEFINITIONS Easement means and includes the land shown and dedicated on the plat of the Subdivision, or otherwise granted or dedicated in or outside of the Subdivision, for landscaping, drainage, storm water detention, streets, sidewalks, or utility purposes that serve or benefit the Subdivision. Easements granted or dedicated outside of the Subdivision are described in the attached Exhibits (`B ", "C "). Facilities means and includes _ Landscaping , 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 Ventana, Filing No. 1 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. 1. Insert name and address of property owners. 2. Describe all improvements, the repair, maintenance, and replacement of which are not the obligation of the City nor any provider of utility services. 3. Insert name of subdivision. DPW 105 02/05/02 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 T EREFORE, 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 the 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 costs 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. DPW 105 02/05/02 3. Bindin¢Effect ChrisC.Munoz Pueb1oCtYC1k&Rec DEC C R 31.00 0 0.00 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. DPW 105 02/05/02 7. AnnlicableLaw ChrisC.Munoz Pueb1oCtyC1k &Rec DEC C R 31.00 D 0.00 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 writte Ddclar COUNTY OF PUEBLO ) Roger H. onda, President of Plum Creek )ss. Associates, Inc., a Colorado Corporation STATE OF COLORADO) as Managing Member of Rldgegate at Pueblo, LLC, a Colorado Limited Liability Company The foregoing instrument was acknowledged before me this i?9 day of A6g— by Roger H. Fonda, President o f Plum Creek Associates, Inc., a Colorado Corporation as Managing Member of Ridgegate Witness my hand and official seal. at Pueblo, LLC, a Colorado Limited Liability Company My commission expires: . 10 1 17 Vdy S. �� (SEAL) S Dq Notary Public 7,F0 6LO`O�O MP Dn E*Ms t0/t7M7 DPW 105 02/05/02 A parcel of land in the E 1 /2 of the NE 1 /4 and in the E 1 /2 of the NE 1 /4 of the NW 1 /4 of the NE 1 /4 of Section 17, Township 21 South, Range 65 West of the 6 th P.M., lying North of the Northerly right -of -way line of Colorado State Highway No. 78, as presently located, in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the East line of Section 17, Township 21 South, Range 65 West of the 6 t ' P.M. to bear N. 00 1 04'53" W. and all bearings contained herein being relative thereto. Beginning at the Northeast corner of said Section 17; thence S. 00 0 04 1 53" E., along the said East line of Section 17, a distance of 1783.64 feet to the Northerly right -of -way line of said Colorado State Highway No. 78, as presently located; thence Southwesterly, along said right -of -way line the following two (2) courses: 1. S. 52 0 29'36" W., a distance of 604.46 feet; 2. Southwesterly, along the arc of a curve to the right whose radius is 34,305 feet, a distance of 574.62 feet; thence Northwesterly, along the arc of a curve to the left whose center bears S. 50 0 57'03" W. and whose radius is 170 feet, a distance of 56.08 feet; thence N. 57 0 56 1 55" W., a distance of 56.84 feet; thence Northwesterly, along the arc of a curve to the right whose radius is 230 feet, a distance of 121.13 feet; thence N. 27 0 4622" W., a distance of 60.29 feet; thence Northeasterly, along the arc of a curve to the left whose center bears N. 21 0 37'20" W. and whose radius is 280 feet; a distance of 77.01 feet; thence N. 52 0 37'07" E., a distance of 75.64 feet to the East side of a natural drainage feature; thence Northerly, along said East side the following twenty -six (26) courses: 1. N. 37 0 22'53" W., a distance of 131.13 feet; 2. N. 27 0 07 1 42" W., a distance of 178.56 feet; 3. N. 33 0 12'12" E., a distance of 71.16 feet; 4. Northerly, along the arc of a curve to the right whose center bears N. 33 0 12'12" E. and whose radius is 52 feet, a distance of 62.99 feet; 5. N. 77 0 23'23" W., a distance of 62.20 feet; 6. N. 32 0 04'47" W., a distance of 71.32 feet; 7. N. 12 0 47'01" E., a distance of 222.00 feet; 8. N. 43 0 30'11" E., a distance of 20.00 feet; 9. Northerly, along the arc of a curve to the right whose center bears N. 43 0 30'11" E. and whose radius is 52 feet, a distance of 56.34 feet; 10. N. 74 0 25'09" W., a distance of 60.62 feet; 11. N. 12 0 36 1 21" W., a distance of 135.43 feet; 12. N. 06 0 20'02" E., a distance of 109.73 feet; 13. N. 63 0 39'20" E., a distance of 91.42 feet; 14. Northerly, along the arc of a curve to the right whose center bears N. 64 0 05'27" E. and whose radius is 52 feet, a distance of 58.31 feet; 15. N. 50 0 29'37" W., a distance of 20.92 feet; 16. N. 09 0 5459" W., a distance of 128.44 feet; 17. N. 65 0 40'10" E., a distance of 70.75 feet; 18. N. 15 °51'39" E., a distance of 142.25 feet; 19. N. 59 0 15'32" E., a distance of 50.64 feet; 20. Northerly, along the arc of a curve to the right whose center bears N. 59 0 15'32" E. and whose radius is 52 feet, a distance of 40.43 feet; 21. N. 76 0 11'49" W., a distance of 31.14 feet; 22. N. 16 0 5946" W., a distance of 188.37 feet; 23. N. 29 0 52'11" E., a distance of 108.85 feet; 24. Northerly, along the arc of a curve to the right whose center bears N. 29 0 52'28" E. and whose radius is 52 feet, a distance of 47.69 feet; 25. S. 82 0 2525" W., a distance of 20.00 feet; 26. N. 51 0 11'15" W., a distance of 214.41 feet; thence N. 38 0 4845" E., a distance of 6.76 feet; thence Northeasterly, along the arc of a curve to the right whose radius is 790 feet, a distance of 710.51 feet; thence S. 89 0 39'25" E., a distance of 706.76 feet to the Point of Beginning. Containing 59.341 acres. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, Colorado 81003 January 30, 2003 JN 01 018 06 Reception 1564181 05/05/2004 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 13th day of January , 2004 by A. Knezevich , Grantor, to PUEBLO, a Municipal Corporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of Storm Water Detention in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as N/A and described as follows: (the "Property") See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this 13th day of January , 2004 GRANTOR: Mary A. Knezevich B Mary A. ezevich COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) The foregoing instrument was acknowledged before me this 13th day of January , 2004 by Mary A. Knezevich Witness my hand and official seal. My commission expires: 06/03/07 2 0� g�• ��.L ( ANotaPublic Sha T. Johnson DPW 111 (P A 02/06/02 �� �O \1ti COL - EXHIBIT A STORM WATER DETENTION EASEMENT An easement for storm water detention purposes in the SE 1 /40f Section 17, Township 21 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 East line of Section 17, Township 21 South, Range 65 West of the 6"' P.M. to bear N. 00 W, and all bearings contained herein being relative thereto. Beginning at a point on the Northerly right -of -way line of Colorado State Highway No. 78 as presently located, said point also being on the centerline of Section 17; thence along the northerly right -of -way line of said Colorado State Highway No. 78 the following four (4) courses: 1. along the arc of a curve to the right whose radius is 34305.00 feet and whose center bears N. 36 W., a distance of 2.33 feet; 2. S 53 0 5643" W., a distance of 204.90 feet; 3. N. 36 W., a distance of 100.00 feet; 4 S. 53 0 5643" W., a distance of 240.21 feet; thence N. 14 E., a distance of 68.66 feet; thence N. 00 0 25'15" E., a distance of 118.85 feet to a point on the centerline of said Section 17; thence S. 89 0 3445" E., along said centerline a distance of 403.09 feet to the Point of Beginning. Containing 0.799 acres more or less Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5"' Street Pueblo, Colorado 81003 September 9, 2003 IN 01 018 06 EXHIBIT B POINT OF BEGINNING OF SEC77ON » NE 1/4 S89 34'45 "E N36 *O3 "38 "W (R) � 0.799 ACRES 2 06 0 56 - P� 403.09' SE 7/4 R= 34305.00' =00 00'14" L =233' °� o , SP�� � ' 0 ' 0 �P \\\ 00 zz � O NOT TO SCALE r P G (R)= RADIAL R E P A R f D B c ' Y i NURTHSTAR ENGINEERING AND SURVEYING INC Reception 1564182 05/05/2004 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 7th day of January '2o04 by Darlene Stadler and Grantor, to PUEBLO, a Municipal Corporation, Grantee: Dorothy M. Wilson WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of Roadway and , Public Utilites in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as and described as follows: (the "Property") See attached Exhibit "A and B" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this 7th day of January 2004 By: Darlene Stadler COUNTY OF PUEBLO ) ) SS. STATE OF COLORADO) Darlene Stadler and GRANTOR Dorothy M. Wilson By. /11 - Q Dorothy . WA son The foregoing instrument was acknowledged before me this 7th day of January , 2004 by I74VY Dorothy M. ,Wilson. Witness my hand and official seal. My commission expires: 06/03/07 111 i1Gt./l eat a ��• Notary Public Sharo T Johnson G 0 0 00 BU 9F Co COUNTY OF �dl±8tb O ) )Ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 1 ,)` day of 2004 by Darlene Stadler Witness my hand and official seal. My commission expires: *Commissioff&pire 18, 2007 (SEAL) A L Notary Pub is vQ ? 9�� U1 cA�;•. PUBLIC 0 �OF Co EXHIBIT A ROADWAY AND PUBLIC UTILITY EASEMENT An easement for roadway and public utility purposes in the SE 1 /4 of Section 8, Township 21 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 South line of Section 8, Township 21 South, Range 65 West of the 6` P.M. to bear N. 89 W., and all bearings contained herein being relative thereto. Beginning at the Southeast corner of said Section 8; said point also being the Northeast corner of Ventana, Filing No. 1 according to the recorded plat thereof as filed in the County of Pueblo and State of Colorado; thence N. 89 W., along the South line of Section 8 and the North line of Ventana, Filing No. 1, a distance of 102.00 feet; thence N. 00 E., a distance of 10.00 feet; thence S. 89 E., and parallel to the South line of said Section 8, a distance of 102.10 feet to a point on the East line of Section 8; thence S. 00 W., a distance of 10.00 feet to the Point of Beginning. Containing 0.023 acres more or less Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 Street Pueblo, Colorado 81003 September 17, 2003 IN 01018 06 EXHIBIT B NOO20'35E 10.00' SZEIVA PRIVR ----- - - - - -- - - - -- I B OCK ,2 - 9 4 5 !J 4 , -- .� qRA4 - -- -- t 01 1 � R R 6 D I B ylm I i q I NOT TO SCALE M 0101806 I IIIIII VIII IIIIII IIIIII IIII IIIIII VIII III VIII IIII IIII 156418 f 4 ChrisC.Muncz Puebl0CtyClk &Rec EASE R 21.00 D 0.00 i J , ul W SOO 53 20 "W 10.00' P.O.g I i q I NOT TO SCALE M 0101806 I IIIIII VIII IIIIII IIIIII IIII IIIIII VIII III VIII IIII IIII 156418 f 4 ChrisC.Muncz Puebl0CtyClk &Rec EASE R 21.00 D 0.00 Reception 1564183 05/05/2004 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this Z / day of 00 by Rldkikate at Pueblb , LLC , Grantor, to PUEBLO, a Municipal Corporation, Grantee: a Colorado Limited Liability Company WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as and described as follows: (the "Property") * Drainage, Sanitary Sewer, Park, Open Space, Pedestrian and Public Utilities See attached Exhibit "A "and B" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair; and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this -z3 day of � • GRANTOR :Ridgegate at Pueblo, LLC, Colo Lim ed Liability Company � oge and , President of Plum Creek COUNTY OF PUEBLO ) Asso iation, Inc. , a Colorado Corporation, )Ss. as'Managing Member of Ridgegate at Pueblo, LLC STATE OF COLORADO) The foregoing instrument w � acknowledged before me this a 3 day of V2 eern ho r _ate , by Roger H. Fonda, President of Plum Inc., a Colorado Corporation, as ess my hand and official seal. of Ridgegate at Pueblo, LLC xOrAmission expires: O (SEAL) a A Not Public 2'/f{A2 - Creek Associates Managing Member CW ?�RwE iGii 1564183 111 111111111 IN 05/05/200411: ChrizC.Munoz Pueb1oCtyC1k &Rec EASE R 21.00 D 0.00 EXHIBIT A DRAINAGE, SANITARY SEWER, PARK, OPEN SPACE, PEDESTRIAN AND PUBLIC UTILITY EASEMENT: An easement for drainage, sanitary sewer, park, open space, pedestrian and public utility purposes in the NE 1 /4 of Section 17, Township 21 South, Range 65 West of the 6"' P.M., lying North of the Northerly right -of -way line of Colorado State Highway No. 78, as presently located, in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the East line of the NE 1 /4 of Section 17, Township 21 South, Range 65 West of the 6"' P.M. to bear N. 00 W. and all bearings contained herein being relative thereto. Commencing at the Northeast corner of said Section 17; thence N. 89 0 39'25" W., along the North line of the said NE 1 /4 of Section 17, a distance of 706.76 feet to the True Point of Beginning of the easement herein described; thence N. 89 W., continuing along said North line, a distance of 859.22 feet; thence S. 00 W., a distance of 2681.64 feet to the South line of the said NE 1 /4; thence S. 89 E., along said South line, a distance of 406.61 feet to the Northerly right -of -way line of said Colorado State Highway No. 78, as presently located; thence Northeasterly, along said Northerly right -of -way line and along the arc of a curve to the left whose center bears N. 36 0 03'38" W. and whose radius is 34,305 feet, a distance of 299.59 feet; thence Northwesterly, along the arc of a curve to the left whose center bears S. 50 0 57'03" W. and whose radius is 170 feet, a distance of 56.08 feet; thence N. 57 W., a distance of 56.84 feet; thence Northwesterly, along the arc of a curve to the right whose radius is 230 feet, a distance of 121.13 feet; thence N. 27 W., a distance of 60.29 feet; thence Northeasterly, along the arc of a curve to the left whose center bears N. 21 W. and whose radius is 280 feet, a distance of 77.01 feet; thence N. 52 E., a distance of 75.64 feet to the East side of a natural drainage feature; thence Northerly, along said East side the following twenty-six (26) courses: 1. N. 37 W., a distance of 131.13 feet; 2. N. 27 W., a distance of 178.56 feet; 3. N. 33 0 12'12" E., a distance of 71.31 feet; 4. Northerly, along the arc of a curve to the right whose center bears N. 58 E. and whose radius is 52 feet, a distance of 44.61 feet; 5. N. 72 W., a distance of 82.09 feet; 6. N. 11 W., a distance of 123.88 feet; 7. N. 12 E., a distance of 159.34 feet; 8. N. 43 E., a distance of 20.00 feet; 35 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1183 564 331 ChrisC.Munoe Pueb1oCtyC1k &Rec EASE R 21.00 D 0.00 9. Northerly, along the arc of a curve to the right whose center bears N. 43 E. and whose radius is 52 feet, a distance of 56.34 feet; 10. N. 74 W., a distance of 60.62 feet; 11. N. 12 W., a distance of 135.43 feet; 12. N. 06 E., a distance of 109.73 feet; 13. N. 63 E., a distance of 91.42 feet; 14. Northerly, along the arc of a curve to the right whose center bears N. 64 0 05'27" E. and whose radius is 52 feet, a distance of 58.31 feet; 15. N. 50 0 29'37" W., a distance of 20.92 feet; 16. N. 09 W., a distance of 128.44 feet; 17. N. 65 E., a distance of 70.75 feet; 18. N. 15 E., a distance of 142.25 feet; 19. N. 59 0 15 1 32" E., a distance of 50.64 feet; 20. Northerly, along the arc of a curve to the right whose center bears N. 59 E. and whose radius is 52 feet, a distance of 40.43 feet; 21. N. 76 0 11'49" W., a distance of 31.14 feet; 22. N. 16 0 5946" W., a distance of 188.37 feet; 23. N. 29 0 52'11" E., a distance of 108.85 feet; 24. Northerly, along the arc of a curve to the right whose center bears N. 29 E. and whose radius is 52 feet, a distance of 47.69 feet; 25. S. 82 W., a distance of 20.00 feet; 26. N. 51 W., a distance of 214.41 feet; thence N. 38 E., a distance of 6.76 feet; thence Northeasterly, along the arc of a curve to the right whose radius is 790 feet, a distance of 710.51 feet to the North line of the said NE 1 /a of Section 17 and the Point of Beginning. Containing 25.719 acres, more or less Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 Street Pueblo, Colorado 81003 November 19, 2003 JN 01 018 06 ENOW F mo p° L : 710.51 �-1'.rzti ( R -521 — {0 =49V [ L =44.4 \ �C1P R) (Rl D e D 4 P E* D B Yl ...... ... 706 76... 8 r9 17 16 P. 0.B. :O. C. SCALE N.T.S. A 1 L I v N52 J7'07'E 75.64' / R= 270.00' / R 280. 33' L= 77.01' / 1+21�712� N575655 "W 8 ( 56.84" N27'4622'W1 (R= 170.00'�� 60.29' f 0- 785358 S L =56.08' 0 =JO7600 fl 0= 121 . 1 33 ))) [R) Blv (R� \ 00 00 589 J4 45 £ fl � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIII Page: 4 83 0 3 ChrisC.Munoz PuebloCtyClk &Rec EASE R 21.00 0 0.00 FILE. DRAINAGE AND SANITARY EASEMENT EXHISIT.DWG 20.00' -520 �i D= 523257' L =4769' ! (R) "2'11 E _ IOB.B5' m (R) u iN7671'4; ((( 31.14' 25.719 ACRES S0R 44J2 C L =40.4. . `LN�9,7 1E Q H (R h {N59.6' ? (( 50.8. N65'40'10 'E N50'29 '37'W 70.75' 20.92' pg54'59'W 128.44' N6: Ej 91..42' 42' I 9 R= 52.00' 0= 64'14'48 \ L= 58.J1' \ nas (R) (R) N1236'21'W N0670 E 109.73' IJ5.4J' (R) N7475 091Y 60.62' (R) R =520Q' N4J'JO'11 Ey 0- 62104 40' 20.00' ) , -u TA �-1'.rzti ( R -521 — {0 =49V [ L =44.4 \ �C1P R) (Rl D e D 4 P E* D B Yl ...... ... 706 76... 8 r9 17 16 P. 0.B. :O. C. SCALE N.T.S. A 1 L I v N52 J7'07'E 75.64' / R= 270.00' / R 280. 33' L= 77.01' / 1+21�712� N575655 "W 8 ( 56.84" N27'4622'W1 (R= 170.00'�� 60.29' f 0- 785358 S L =56.08' 0 =JO7600 fl 0= 121 . 1 33 ))) [R) Blv (R� \ 00 00 589 J4 45 £ fl � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIII Page: 4 83 0 3 ChrisC.Munoz PuebloCtyClk &Rec EASE R 21.00 0 0.00 FILE. DRAINAGE AND SANITARY EASEMENT EXHISIT.DWG