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HomeMy WebLinkAbout07076Reception 1542505 12/18/2003 ORDINANCE NO. 7076 AN ORDINANCE APPROVING THE PLAT OF PUEBLO CROSSINGS SUBDIVISION, FILING NO. 1 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Pueblo Crossings Subdivision, Filing No. 1, being a subdivision of land legally described as: A parcel of land being a portion of the SW 1/4 of the SE 1/4 and the SW 1/4 of Section 1 and a portion of the NW 1/4 and the W 1/2 of the NE 1/4 of Section 12, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at the intersection of the westerly right of way line of Elizabeth Street and the southerly right of way line of Dillon Drive (formally known as Platteville Boulevard), according to that document filed for record October 5, 1992 in Book 2617 at Pages 298- 299 in the records of the Pueblo County Clerk and Recorder, from which the W 1/4 corner of said Section 1 bears N 67 °39'52 "W (bearings based on the west line of the said SW 1/4 of Section 1 monumented at the north end with a 1 1/2" aluminum Tri -Co cap PLS 7168 and at the south end with a 3" brass cap on a 2" iron pipe PLS 9009 assumed to bear N 07 0 03'43 "E) a distance of 816.53 feet; thence N 72 0 27'35 "E along the said southerly right of way line of Dillon Drive a distance of 100.00 feet to a point on the easterly right of way line of said Elizabeth Street; ,thence southerly along said easterly right of way line the following ( 5 ) courses; 1. S 17 0 39'13 "E a distance of 143.10 feet; 2. thence along the arc of curve to the left having a central angle of 38 0 39'27" and a radius of 680.00 feet, a distance of 458.80 feet; 3. thence S 56 0 18'40 "E a distance of 177.61 feet; 4. thence along the arc of curve to the right having a central angle of 41 and a radius of 780.00 feet, a distance of 566.92 feet; 5. thence S 14 0 40'02 "E a distance of 164.60 feet; thence N 75 0 19'58 "E a distance of 471.71 feet to a point on the westerly right of way line of Interstate 25; thence southerly along said westerly right of way line the following (6) six courses; 1. S 13 0 15'52 "E a distance of 166.69 feet; 2. S 08 0 32'07 "W a distance of 107.70 feet; 3. S 13 0 15'52 "E a distance of 200.00 feet; 4. S 35 0 03'53 "E a distance of 107.70 feet: 5. S 13 0 15'52 "E a distance of 2338.74 feet; 6. S 05 0 44'52 "E a distance of 343.09 feet to the NE corner of Eaglecross Subdivision 4th Filing according to the recorded plat thereof filed for record December 30, 1998 at Reception No. 1256096 in the records of the Pueblo County Clerk and Recorder; thence N 89 °56'51 "W along the northerly line of said Eaglecross Subdivision 4th Filing a distance of 11.57 feet to a point on the said westerly right of way line of Elizabeth Street; thence northerly along said westerly right of way line the following ( 5 ) courses; 1. thence along the arc of a non - tangent curve to the left whose center bears S 78 0 12'45 "W and having a central angle of 01 °44'00" and a radius of 450.00 feet, a distance of 13.61 feet; 2. thence N 13 a distance of 1146.48 feet; 3. thence along the arc of a curve to the left having a central angle of 29 0 32'25" and a radius of 850.00 feet, a distance of 438.24 feet; 4. thence N 43 0 03'40 "W a distance of 511.55 feet; 5. thence along the arc of a curve to the right having a central angle of 02 0 21'44" and a radius of 950.00 feet, a distance of 39.17 feet to a point on the southerly right of way line of Wills Boulevard; thence westerly along said southerly right of way line the following (6) six courses; 1. thence S 51 °42'52 "W a distance of 116.72 feet; 2. thence along the arc of a curve to the right having a central angle of 32 0 06'05" and a radius of 460.00 feet, a distance of 257.73 feet; 3. thence S 83 0 48'57 "W a distance of 353.15 feet; 4. thence along the arc of curve to the right having a central angle of 49 0 08'47" and a radius of 460.00 feet, a distance of 394.57 feet; 5. thence N 47 °02'16 "W a distance of 224.89 feet; 6. thence along the arc of a curve to the left having a central angle of 61 and a radius of 380.00 feet, a distance of 408.59 feet; thence N 22 0 08'34 "W a distance of 80.12 feet to a point on the northerly right of way line of said Wills Boulevard; thence easterly along said northerly right of way line the following ( 2 ) courses; 1. thence along the arc of a non - tangent curve to the right whose center bears S 19 °15'13" E and having a central angle of 62 0 12'57" and a radius of 460.00 feet, a distance of 499.50 feet; 2. thence S 47 °02'16 "E a distance of 140.33 feet; thence N 15 a distance of 902.13 feet; thence N 75 0 19'58 "E a distance of 926.76 feet to a point on the said westerly right of way line of Elizabeth Street; thence northerly along said westerly right of way line the following ( 5 ) courses; 1. thence N 14 0 40'02 "W a distance of 142.51 feet; 2. thence along the arc of a curve to the left having a central angle of 41 and a radius of 680.00 feet, a distance of 494.24 feet; 3. thence N 56 0 18'40 "W a distance of 177.61 feet; 4. thence along the arc of a curve to the right having a central angle of 38 0 39'27" and a radius of 780.00 feet, a distance of 526.27 feet; 5. thence N 17 °39'13 "W a distance of 143.30 feet to the POINT OF BEGINNING. Pueblo County, Colorado. Parcel contain 51.09 acres more or less. is hereby approved, and all dedicated streets, utility and drainage easements, rights -of- way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The following modifications to the subdivision plat are hereby approved: 1). Wills Blvd. between Elizabeth Street and Outlook Blvd: Constructed at a length of 1983.73 feet between intersections, which is an additional 663.73 feet in distance; and 2). Elizabeth Street between Dillon Drive and Wills Blvd: Constructed at a length of 2688.09 feet between intersections, which is an additional 48.09 feet in distance. SECTION 3. 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 4. 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 5. 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 with such modifications, if any, approved by City Council, 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, and (c) the modifications set forth in Section 2 are met and complied with. 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. c_ n ,5 V•ec�F�� /i /0 CLERK INTRODUCED: October 27, 2003 BY: Al Gurule LPERSON APPROVED: IDENT OF CITY COUNCIL PASSED AND APPROVED: November 10, 2003 w Background Paper for Proposed ORDINANCE 0 '10(0 AGENDA ITEM # 7 ;� Q DATE: OCTOBER 27, 2003 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/GLYNIS A. JORDAN, AICP TITLE AN ORDINANCE APPROVING THE PLAT OF PUEBLO CROSSINGS SUBDIVISION, FILING NO. 1 ISSUE Shall City Council approve a request to subdivide this property for the purpose of commercial development? RECOMMENDATION The Planning Commission at their September 10, 2003 Regular Meeting voted 5 -0 -1 (Lytle) to recommend approval. Subsequently, at their October 9, 2003 Regular meeting the Planning Commission approved the applicant's requested modification to the subdivision regulation. BACKGROUND The applicant is wishing to subdivide the existing 50.82 acre parcel into six commercial lots, ranging in size from 1.85 to 12.87 acres. The applicant is requesting the following modifications to the subdivision regulation which are supported by the Pueblo Department of Transportation: 1). Wills Blvd. between Elizabeth Street and Outlook Blvd: Constructed at a length of 1983.73 feet between intersections, which is an additional 663.73 feet in distance; and 2). Elizabeth Street between Dillon Drive and Wills Blvd: Constructed at a length of 2688.09 feet between intersections, which is an additional 48.09 feet in distance. All of the conditions of approval have been addressed to the satisfaction of the Public Works Director. This application is concurrent with Rezoning Z- 03 -16, which was also approved. FINANCIAL IMPACT None Reception 1542507 12/18/2003 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT is made on December 17, 2003 between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and WL ENTERPRISES, LTD., a New Mexico partnership ( "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 Pueblo Crossing Filing 1 ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the 1971 Code of Ordinances; and WHEREAS, Subdivider is required by Section 12 -4 -7 (J) of the 1971 Code of Ordinances of the City to construct and install certain public improvements generally described in attached Exhibit `B" and shown on approved construction plans and documents on file at the office of the City's Director of Public Works ( "Required Public Improvements "); and WHEREAS, by Chapter 4, Title XII of the 1971 Code of Ordinances, Subdivider is obligated to provide security or collateral sufficient in the judgement of the City Council to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and Subdivider agree as follows: Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit ". The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the costs of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for DPW 101 10/21/98 which a building permit is sought. 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. 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 12- 4 -7(J) of the 1971 Code of Ordinances, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City. DPW 101 2 10/21/98 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 rum 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 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, stonnwater detention facilities, or maintenance and restoration of adjacent drainage channels, and/or associated improvements and revegetation (the "facilities "), located either within or outside DPW 101 3 10/21/98 of the Subdivision, Suba vicder shalTmstall 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 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 concerning this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. 14. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. 15. The Required Public Improvements to be constructed and installed by Developer pursuant to this Agreement shall, in addition to those described in Exhibit `B" hereto, include the Corporation Project and the BID Project, all as more fully described in the Intergovernmental Public Facilities Agreement dated as of November 24, 2003 among Orix Pueblo, LLC, North Gateway Number 1 Business Improvement District, North Gateway Number 1 Public Improvement Corporation and City of Pueblo, Colorado. 16. 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. DPW 101 10/21/98 The parties have caused this Agreement to be executed and attested by its duly authorized and actiD-e officer. Thomas V. Healy Designated Partner of WL Enterprises, Ltd., a New 6. ;AR (S1 RE G The foregoing instrument was ackn 2_ 3 by �I'itoMA V e6ealu Mexic partnership, on behalf of the Company Su bdivider M � , �Jt( a�u1A�Rr3ro� �(fe/• �mur�ho�ta.�at�e -> Notary Public CITY OF PUEBLO, a M 1pal rporation By: President of City Council IIIIIIIIIIIIIIIIIIIIIIIII P 542500 01P Ciri .Mun Pueblos yCl ChrisC.Munoz PuebloCtyClk6Rae SUB D AG R 51.00 0 0.00 The foregoing instrument was acknowledged before me this i' 94k day of De ceyt"b-'--;'C D d 3 by D h(� i I t .`�j tl6u as Presi ity Council, and (�u-� c,�i �- as City Clerk of the City of • b� Co$� • T p Witne�sznand and official seal. .• �� My comb is'on expires: &/-142107 'v. •. V g ��G . 0 [ Notary Public APPROVED AS TO FORM: City Atto DPW 101 10/21/98 STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT `B" SUBDIVISION NAME: Pueblo Crossing Filing I DEVELOPER: WL Enterprises ENGINEER: Joseph V. Gagliano Itemization of Public Improvements (Use Unit Prices Approved by Public Works in Preparation of Exhibit `B ") This is an estimate only. Actual construction costs may vary. PREPARED BY: Anthony Martinez FIRM: Mangini Reeves, Inc. The undersigned hereby certifies that (i) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements and (ii) the unit prices shown he the most current un price provided b th City of Pueblo. [P.E. SEAL] ah 7 >e o; 37210 Pr essional ngine r 'ba ss �pNAL E REVIEWED BY. City of Pueblo IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1542500 01P Page: 6 of ChrisC.Muncz Pueb1oCtvC1k &Rec SUBD AG R 51.00 D 0.00 DPW 101 10/21i98 1111111111 11111111111 1111 111111111111111111111111111111111 154 of 10 P hrisC.Munoz PuebloCtYCMAec SUBD AG R 51.00 D 0.00 �CHIBIT "A" A parcel of land being a portion of the SW 1/4 of the SE 1/4 and the SW 1/4 of Section 1 and a portion of the NW 1/4 and the W 1/2 of the NE 1/4 of Section 12, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at the intersection of the westerly right of way line of Elizabeth Street and the southerly right of way line of Dillon Drive (formally known as Platteville Boulevard), according to that document filed for record October 5, 1992 in Book 2617 at Pages 298 -299 in the records of the Pueblo County Clerk and Recorder, from which the W 1/4 corner of said Section 1 bears N 67 °39'52 "W (bearings based on the west line of the said SW 1/4 of Section 1 monumented at the north end with a 1 1/2" aluminum Tri-Co cap PLS 7168 and at the south end with a 3" brass cap on a 2" iron pipe PLS 9009 assumed to bear N 07 °03'43 "E) a distance of 816.53 feet; thence N 72 °27'35 "E along the said southerly right of way line of Dillon Drive a distance of 100.00 feet to a point on the easterly right of way line of said Elizabeth Street; thence southerly along said easterly right of way line the following ( 5 ) courses; 1. S 17°39'13 "E a distance of 143.10 feet; 2. thence along the arc of curve to the left having a central angle of 38°39'27" and a radius of 680.00 feet, a distance of 458.80 feet; 3. thence S 56 °18'40 "E a distance of 177.61 feet; 4. thence along the arc of curve to the right having a central angle of 41°38'38" and a radius of 780.00 feet, a distance of 566.92 feet; 5. thence S 14 °40'02 "E a distance of 164.60 feet; thence N 75'19'58"E a distance of 471.71 feet to a point on the westerly right of way line of Interstate 25; thence southerly along said westerly right of way line the following (6) six courses; 1. S 13 °15'52 "E a distance of 166.69 feet; 2. S 08 0 32'07 "W a distance of 107.70 feet; 3. S 13 °15'52 "E a distance of 200.00 feet; 4. S 35 °03'53 "E a distance of 107.70 feet: 5. S 13 °15'52 "E adistance of 2338.74 feet; 6. S 05 °44'52 "E a distance of 343.09 feet to the NE coiner of Eaglecross Subdivision 4th Filing according to the recorded plat thereof filed for record December 30, 1998 at Reception No. 1256096 in the records of the Pueblo County Clerk and Recorder; thence N 89 °56 "W along the northerly line of said Eaglecross Subdivision 4th Filing a distance of 11.57 feet to a point on the said westerly right of way line of Elizabeth Street; thence northerly along said westerly right of way line the following ( 5 ) courses; IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1542500 01P Page: a of 12/18/2003 04: ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 51.00 0 0.00 1. thence along the arc of a non - tangent curve to the left whose center bears S 78'12'45"W and having a central angle of 01'44'00" and a radius of 450.00 feet, a distance of 13.61 feet; 2. thence N 13°31'15 "W a distance of 1146.48 feet; 3. thence along the are of a curve to the left having a central angle of 29°32'25" and a radius of 850.00 feet, a distance of 438.24 feet, 4. thence N 43°03'40 "W a distance of 511.55 feet; 5. thence along the arc of a curve to the right having a central angle of 02 °21'44" and a radius of 950.00 feet, a distance of 39.17 feet to a point on the southerly right of way line of Wills Boulevard; thence westerly along said southerly right of way line the following (6) six courses; 1. thence S 51'42'52"W a distance of 116.72 feet; 2. thence along the arc of a curve to the right having a central angle of 32 °06'05" and a radius of 460.00 feet, a distance of 257.73 feet; 3. thence S 83 °48'57 "W a distance of 353.15 feet; 4. thence along the arc of curve to the right having a central angle of 49 °08'47" and a radius of 460.00 feet, a distance of 394.57 feet; 5. thence N 47 °02'16 "W a distance of 224.89 feet, 6. thence along the arc of a curve to the left having a central angle of 61'36'25" and a radius of 380.00 feet, a distance of 408.59 feet; thence N 22 °08'34 "W a distance of 80.12 feet to a point on the northerly right of way line of said Wills Boulevard; thence easterly along said northerly right of way line the following ( 2 ) courses; 1. thence along the arc of a non - tangent curve to the right whose center bears S 19 °15'13 "E and having a central angle of 62 °12 and a radius of 460.00 feet, a distance of 499.50 feet; 2. thence S 47 °02'16 "E a distance of 140.33 feet; thence N 15 °42'29 "W a distance of 902.13 feet; thence N 75 °19'58 "E a distance of 926.76 feet to a point on the said westerly right of way line of Elizabeth Street; thence northerly along said westerly right of way line the following ( 5 ) courses; 1. thence N 14 °40'02 "W a distance of 142.51 feet; 2. thence along the arc of a curve to the left having a central angle of 41 °38'38" and a radius of 680.00 feet, a distance of 494.24 feet; 3. thence N 56'18'40"W a distance of 177.61 feet; 4. thence along the are of a curve to the right having a central angle of 38°39'27" and a radius of 780.00 feet, a distance of 526.27 feet; 5. thence N 17°39'13 "W a distance of 143.30 feet to the POINT OF BEGINNING. Pueblo County, Colorado. Said parcel contains 51.09 acres more or less. EXHIBIT B SUBDIVISION: PUEBLO CROSSING FILING I SUBDIVIDER: WL ENTERPRISES J.N.: 02-437 Elizabeth Street ITEM QUANTITY UNITS PRICE TOTAL PAVEMENT 4 "HBP on 19" ABC 26404 SY $32.50 $858,130.00 CONCRETE Curb & Gutter 6" Standard 6881 LF $10.00 $68,810.00 7" Concrete 37366 SF $3.80 $141,990.80 Handicap Rams 6144 SF $3.50 $21,504.00 Square Pan Radius 5503 EA $4.25 $23,387.75 SANITARY SEWER 48" dia. Manhole 8 EA $2,240.00 $17,920.00 Service Line 6 EA $1,066.00 $6,396.00 8" Main 3187 LF $33.00 $105,171.00 WATER 16" Main 1346 LF $40.00 $53,840.00 12" Main 1142 LF $40.00 $45,680.00 Service Line 6 EA $850.00 $5,100.00 Fire Hydrant 6 EA $2,700.00 $16,200.00 OTHER Monument Boxes 7 EA $575.00 $4,025.00 Street Lights 15 EA $1,300.00 $19,500.00 Street Name Sin (4-Way Intersection 1 EA $400.00 $400.00 Traffic Signal 1 EA $150,000.00 $150,000.00 Regul ato Sin 18 EA $100.00 $1,800.00 DRAINAGE Type S Inlet L =10' 4 EA $4,000.00 $16,000.00 Stone Pi 54" 309 LF $84.00 $25,956.00 Storm Pie 36" 208 LF $66.00 $13,729.98 Storrs Pie 30" 1670 LF $60.00 $100,200.00 Storrs Pie 24" 310 LF $48.00 $14,880.00 Storrs Pie 18" 160 LF $36.00 $5,760.00 Storm Manhole 6 EA $2,000.00 $12,000.00 Storm Box 2 1 EA 1 $7,000.00 $14,000.00 ELECTRIC j Placing OVH Electric underground 1 1 1 LS 1$151,000.00 $151,000.00 Sub -total $1,893,380.53 Wills Boulevard ITEM QUANTITY UNITS PRICE TOTAL PAVEMENT 4 "HBP on 14" ABC 6176 SY $27.50 $169,840.83 CONCRETE Curb & Gutter 6" Standard 2270 LF $10.00 $22,700.00 7" Concrete 13620 SF $3.80 $51,756.00 Handicap Rams 742 SF $3.50 $2,597.00 Square Pan Radius 400 1 SF 1 $4.25 $1,700.00 OTHER Monument Boxes 4 1 EA 1 $575.00 1 $2,300.00 111111111111111111111111111111 ChrisC.Munoz Pueb1oCtyC1k&Rec SUBD AG R 1542507 Page: 9 of 10 12/18/2003 04:01P 00 0 0.00 Estimate Prepared by: Mangini reeves Inc. Date: 12/17/03 Estimate Figures Based on: City of Pueblo and RS Means 1111111111111111111111111111111111111111111111111111111 1542507 f 10 ChrisC.Munoz PuebloCtyClk&Rec SUBD AG R 51.00 D 0.00 Street Lights 4 EA $1,300.00 $5,200.00 Regulatory Sin 6 EA $100.00 $600.00 DRAINAGE Type S Inlet L =14' 4 EA $5,200.00 $20,800.00 Storm Pie 30" 120 LF $60.00 $7,200.00 Storm Pie 24" 540 LF $48.00 $25,920.00 Storrs Manholes 3 EA $2,000.00 $6,000.00 Sub -total $316,613.83 Subdivision ITEM QUANTITY UNITS PRICE TOTAL GRADING AND DETENTION Grading 800000 CY $2.00 $1,600,000.00 Planting & Establishing Vegetation 30 AC $12,000.00 $360,000.00 Straw Bales 100 EA $6.00 $600.00 Outlet Structures 2 EA $3,000.00 $6,000.00 Erosion Control Fabric 75950 SF $077 $35,696.50 Sub -total $2,002,296.50 Temp Road ITEM JQUANTITY I UNITS I PRICE ITOTAL PAVEMENT 4 "HBP on 4" ABC 1 2407 1 SY 1 $17.50 $42,122.50 TOTAL $4,254,413.36 Miscellaneous Contingencies @15% $638.162.00 GRAND TOTAL $4.892.575.36 Prepared By: Anthony E. Martinez Checked By: Joseph V. Gagliano Fimt: Mangini Reeves. Inc. /j Reviewed By: i Date: lz City of Pueblo Estimate Prepared by: Mangini reeves Inc. Date: 12/17/03 Estimate Figures Based on: City of Pueblo and RS Means