The URL can be used to link to this page

Home My WebLink About07128Reception 1572896 06/29/2004 ORDINANCE NO. 7128 AN ORDINANCE APPROVING THE PLAT OF SETTLERS VILLAGE SUBDIVISION, FILING NO. 3 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Settlers Village Subdivision, Filing No. 3, being a subdivision of land legally described as: A parcel of land in the NW ' / 4 of the NE' /4 and the NE' /4 of the NE' /4 of Section 22, Township 21 South, Range 65 West of the 6th P. M. in the County of Pueblo, State of Colorado and being more particularly described as follows: Considering the North line of said Section 22, Township 21 South, Range 65 West of the 6"' P.M. to bear N. 89 0 40'00" E. and all bearings contained herein being relative thereto. Beginning at the Northeast corner of Settlers Village, Filing No. 1, according to the recorded plat thereof filed for record September 12, 2000; thence N. 89 0 40'00" E. along the said North line of Section 22, a distance of 671.46 feet; thence S. 00 °20'00" E. a distance of 170.00 feet; thence S. 04 0 02'42" W., a distance of 406.43 feet; thence S. 04 °26'13" W., a distance of 60.00 feet; thence S. 00 0 42'19" W., a distance of 131.62 feet; thence N. 90 0 00'00" W., a distance of 240.00 feet; thence N. 00 0 00'00" E., a distance of 72.13 feet; thence S. 84 0 30'10" W., a distance of 288.52 feet; thence S. 03 0 26'18" E., a distance of 144.35 feet; thence S. 13 0 44'48" W., a distance of 168.64 feet; thence S. 31 °48'46" W., a distance of 139.13 feet; thence S. 52 °10'29" W., a distance of 134.41 feet; thence S. 69 0 20'26" W., a distance of 60.00 feet; thence S. 70 0 00'48" W., a distance of 110.01 feet; thence S. 83 0 18'29" W., a distance of 45.24 feet; thence N. 85 0 14'04" W., a distance of 221.57 feet; thence N. 41 0 05'20" W., a distance of 120.00 feet to a point on the Easterly line of Settlers Village, Filing No. 2 according to the recorded plat thereof as filed for record April 9, 2003; thence Northerly along the said Easterly Line of said Settlers Village, Filing No. 2, along the arc of a curve to the left whose enter bears N. 41 E. and whose radius is 540.00 feet, a distance of 360.23 feet; thence N. 10 0 41'24" E., a distance of 254.46 feet to the Southeast corner of said Settlers Village, Filing No. 1, thence along the Easterly line of said Settlers Village, Filing No. 1 the following five (5) courses: 1. N.10 0 41'24" E., a distance of 58.01 feet; 2. Northeasterly, along the arc of a curve to the right whose radius is 700.00 feet, a distance of 442.79 feet; 3. Northerly, along the arc of a curve to the left whose center bears N.40 0 58'42" W., and whose radius is 53.83 feet, a distance of 51.00 feet; 4. N. 84 0 44'05" E., a distance of 40.82 feet; 5. N. 36 °3842" E., a distance of 171.32 feet to the Point of Beginning. Containing 22.067 acres. is hereby approved, and all dedicated streets, utility and drainage easements, rights -of- way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The following modifications to the subdivision plat are hereby approved: 1). Non - radial lot lines to maintain feasible lot pattern; 2). 10 -foot side yard drainage easements (in lieu of 20' drainage easement); 3). 30 -foot wide street with detached walk transitioning to attached walk at cul -de -sacs in order to make better use of lot frontage for driveway access and landscaping; 4). Street crown lope of 3.0% (in lieu of 2.0 %) in order to improve street efficiency to accommodate storm water runoff; 5). No concrete low flow pan in drainage channels located in Parcels B, C, and D in order to create a more efficient channel by utilizing water harvesting and sediment control; 6). 10 -foot maintenance road along drainage channel in lieu of typical 12 -foot maintenance road; 7). Transition in curb and gutter type in Bobcat Lane and Pheasant Lane (modified ramp curb and gutter to 6" standard curb and gutter) to occur at mid -block in order to provide 6" standard curb and gutter around the proposed park (Parcel E) and at the drainage channel crossings (Parcels B, C, and D); and 8). Provide drainage flow arrows to illustrate drainage flow patterns rather than proposed grade contours with the Preliminary drainage report. Proposed grade contours will be designed at time of final design and provided in the Final Drainage Report. 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 andDecor 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. -00 e g 0 'r 1 t o INTRODUCED: March 22, 2004 BY: Michael Occhiato { J COUA4CILPERSON APPROVED: v e' PRESIDE F CITY COUNCIL ATTESTE� TY CLERK PASSED AND APPROVED: April 12, 2004 r112� ED ED Background Paper for Proposed ORDINANCE ^1p 3to AGENDA ITEM # am DATE: MARCH 22, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATION /JIM MUNCH, ACTING DIR. TITLE AN ORDINANCE APPROVING THE PLAT OF SETTLERS VILLAGE SUBDIVISION, FILING NO. 3 ISSUE Shall City Council approve a request to subdivide this property for the purpose of residential development? RECOMMENDATION The Planning Commission at their February 11, 2004 Regular Meeting voted 7 -0 to recommend approval of the applicant's requested modification to the subdivision regulation. BACKGROUND The applicant wants to subdivide 22 acres into 51 proposed home sites. The applicant is requesting the following modifications to the subdivision regulation which are supported by the Pueblo Department of Public Works: 1). Non - radial lot lines to maintain feasible lot pattern; 2). 10 -foot side yard drainage easements (in lieu of 20' drainage easement); 3). 30 -foot wide street with detached walk transitioning to attached walk at cul -de -sacs in order to make better use of lot frontage for driveway access and landscaping; 4). Street crown lope of 3.0% (in lieu of 2.0 %) in order to improve street efficiency to accommodate storm water runoff; 5). No concrete low flow pan in drainage channels located in Parcels B, C, and D in order to create a more efficient channel by utilizing water harvesting and sediment control; 6). 10 -foot maintenance road along drainage channel in lieu of typical 12 -foot maintenance road; 7). Transition in curb and gutter type in Bobcat Lane and Pheasant Lane (modified ramp curb and gutter to 6" standard curb and gutter) to occur at mid -block in order to provide 6" standard curb and gutter around the proposed park (Parcel E) and at the drainage channel crossings (Parcels B, C, and D); and 8). Provide drainage flow arrows to illustrate drainage flow patterns rather than proposed grade contours with the Preliminary drainage report. Proposed grade contours will be designed at time of final design and provided in the Final Drainage Report. All of the conditions of approval have been addressed to the satisfaction of the Public Works Director. FINANCIAL IMPACT None Reception 1572898 06/29/2004 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on SJ UfNe— q , - Ob , between the CITY OF PUEBLO, a Municipal Corporation ( "City"), and Horizon Communities, Inc. a Colorado Corporation ( "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 Settlers Village Filing No,3 ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title X11 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 X11 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 shown 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, subject to an DPW 101 4/9/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 289842P ChrisC.Munoz Pueb1oCtyC1k&Rec SUBD AG R 81.00 D 0.00 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 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 cost 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 alien 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. DPW 101 04/09/04 IIIIII VIII IIIIII IIII VIII VIII IIIIIII III VIII IIII IIII 657289842P ChrisC.Munoz Pueb10CtYC1k &Reo SUBD AG R 81.00 D 0.00 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, exlgineered, 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 sole discretion, shall determine. Unfit 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. DPW 101 3 04/09/04 IIIIII VIII IIIIII IIII VIII VIII IIIIIII III (IIII IIII IIII 157289842P ChrisC.Munoz Pue6loCtyC1k&Re0 SUBD AG R 81.00 0 0.00 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. 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 XII of the Pueblo Municipal Code and the standards and specifications approved by City DPW101 04/09/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 289842P ChrisC.Muncz Pueb1aCtyC1k &Rec SUBD AG R 81.00 D 0.00 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. In order to determine whether or not there are Omitted Public Improvements, the following shall be applicable: (a) If the Required Public Improvements are constructed and installed within five (5) years from the date hereof, Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Council and interpreted as of the date hereof shall control. (b) If the Required Public Improvements are constructed and installed after five (5) yeas from the date hereof, Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Council and interpreted as of the date the Required Public Improvements are constructed and installed shall control. (c) If Chapter 4 of Title XII and/or the standards and specifications approved by the City Council are modified or amended to conform with the requirements of federal or state law, rules or regulations prior to the construction and installation of the Required Public Improvements, they shall control as so modified and amended. 15. Except for Omitted Public Improvements, latent defects in construction, design or work, and guarantee required by Section 12- 4- 76)(9)(a) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to extend any obligation of the Subdivider beyond the date of written approval and acceptance by the Director of Public Works of the Required Public Improvements described in attached Exhibit 44 13» 16. All Required Public Improvements shall be constructed and installed in compliance with all applicable standards and specifications approved by City Council. 17. The parries agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. 18. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as described above. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. DPW 101 04/09/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 65720 9� 42P ChrisC.Munoz PuebloCtvC1k &Ree SUBD AG R 81.00 D 0.00 Subdivider Horizon Communities, Inc., a Colorado � Co /'� p ort _ ion (SEAL) By: ! R Robert W. Leach, President By: The foregoing instrument was acknowledged before me on 94'1 by Robert W. Leach, President of , Subdivider. D`' ;' Horizon Communities, Inc., a Colorado Corporation 1 ? pTA 'ssionexpires ip� �OZ ,9 C �••� � •�^ d.:.. Via, _ 4„ ✓. �/' Notary Public CTTy OF P LO, a Municip ora 'on F •......• Q ,P � a OF' G01-O — • By: 10/17W Pres' ent of City Council ATTEST: _ _ City STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 18th day of , 2004 by Randy Thurston as President of City Council, and Gina Dutcher as City Clerk of the City of Color ado. . E M. Tq, ess my hand and official seal. I- expires: 8 -21 -2007 � L, Notary Public AS TO FORM: City Attorney ._ DPW 101 04/09/04 IIIIII VIII IIIIII IIII VIII VIII IIIIIII III VIII IIII IIII 157 of 16 P ChrisC.Munoz Pueb1oCtYC1k&Rec SUED AG R 81.00 D 0.00 EXHIBIT A LAND DESCRIPTION OF PROPOSED SETTLERS VILLAGE, FILING NO. 3 A parcel of land in the NW 1 /4 of the NE 1 /4 and the NE 1 /a of the NE 1 /4 of Section 22, 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 North line of Section 22, Township 21, South, Range 65 West of the 6"' P.M. to bear N. 89 0 40'00" E., and all bearings contained herein being relative thereto. Beginning at the Northeast comer of Settlers Village, Filing No. 1, according to the recorded plat thereof, filed for record September 12, 2000; thence N. 89 0 40'00" E., along the said North line of Section 22, a distance of 671.46 feet; thence S. 00 0 20 1 00" E., a distance of 170.00 feet; thence S. 04 0 02'42" W., a distance of 406.43 feet; thence S. 04 0 26'13" W., a distance of 60.00 feet; thence S. 00 0 42'19" W., a distance of 131.62 feet; thence N. 90 0 00 1 00" W., a distance of 240.00 feet; thence N. 00 0 00'00" E., a distance of 72.13 feet; thence S. 84 0 30'10" W., a distance of 288.52 feet; thence S. 03 °26'18" E., a distance of 144.35 feet; thence S. 13 °44'48" W., a distance of 168.64 feet; thence S. 31 0 4846" W., a distance of 139.13 feet; thence S. 52 0 1029" W., a distance of 134.41 feet; thence S. 69 0 2026" W., a distance of 60.00 feet; thence S. 70 0 00'48" W., a distance of 110.01 feet; thence S. 83 0 1829" W., a distance of 45.24 feet; thence N. 85 °14'04" W., a distance of 221.57 feet; thence N. 41 0 0520" W., a distance of 120.00 feet to a point on the Easterly line of Settlers Village, Filing No. 2 according to the recorded plat thereof as filed for record April 9, 2003; thence Northerly along the said Easterly line of said Settlers Village, Filing No. 2, along the arc of a curve to the left whose center bears N. 41 °0520" E. and whose radius if 540.00 feet, a distance of 360.23 feet; thence N. 10 0 4124" E., a distance of 254.46 feet to the Southeast comer of said Settlers Village, Filing No. 1, thence along the Easterly line of said Settlers Village, Filing No. 1 the following five (5) courses: 1. N. 10 0 4124" E., a distance of 58.01 feet; 2. Northeasterly, along the arc of a curve to the right whose radius if 700.00 feet, a distance of 442.78 feet; 3. Northerly, along the arc of a curve to the left whose center bears N. 40 0 58'42" W., and whose radius if 53.83 feet, a distance of 51.00 feet; 4. N. 84 11 44'05" E., a distance of 40.82 feet; 5. N. 36 0 3842" E., a distance of 171.32 feet to the Point of Beginning. Containing 22.067 Acres more or less Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5"' Street Pueblo, Colorado 81003 IIIIII (IIII IIIIII (III IIII( IIIII (IIIIII III IIIII IIII IIII 06/29/2004 �22:42P ChrisC.Munoz Pueb1oCtyC1k &Reo SUBD AG R 81.00 D 0.00 SUBDMSION IMPROVEMENTS AO E EXHIBIT "B" SUBDIVISION NAME: DEVELOPER: ENGINEER: BOBCAT LANE PHASE I: STREETS 3" Asphalt over 6" Base Course Curb and Gutter (Mod. Ramp) Handicap Ramp (4) Sidewalk WATER 8" PVC Water Main Service Fire Hydrant Ass'y SANITARY SEWER: 8" PVC Sewer Main 48" Manholes Services STORM SEWER 18 RCP 27" RCP 54" RCP 60" RCP Type "S" Inlet L =6 Type 1B Manhole Rip -Rap STREET LIGHT MONUMENT BOX SIGNAGE T- Intersection (60' R -O-W) SETTLERS VILLAGE FILING NO. 3 HORIZON COMMUNITIES, INC. NORTHSTAR ENGINEERING AND SURVEYING, INC. 3150 SY @ $17.50 /SY = $55,125 2050 LF @ $10.00 /LF = $20,500 490 SF @ $3.50 /SF $1,715 1780 SF @ $2.50 /SF $4,450 1025 LF @ $40.00 /LF = $41,000 18 EA @ $500.00 /EA = $9,000 1 EA @ $2,700.00 /EA = $2,700 800 LF @ $33.00 /LF = $26,400 5 EA @ $2,240.00 /EA = $11,200 17 EA @ $800.00 /EA = $13,600 295 L.F. @ $36.00 /LF = $10,620 404 L.F. @ $54.00 /LF = $21,816 80 L.F. @ $108.00 /LF = $8,640 192 L.F. @ $120.00 /LF = $23,040 2 EA @ $2,800.00 /EA = $5,600 3 EA @ $2,000.00 /EA = $6,000 70 CY @ $50.00 /EA = $3,500 3 EA @ $1,300.00 /EA = $3,900 9 EA @ $575.00 /EA = $5,175 3 EA @ $200.00 /EA = $600 BARRICADES L =16' 1 EA @ $825.00 /EA = $825 PHASE I - BOBCAT LANE - SUBTOTAL $275,406 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 7289842P ChrisC.Munca Pueb1cCtyC1k &Rec SUBD AG R 81.00 D 0.00 SUBDMSION IMPROVEMENTS AGREEMENT EXHIBIT °B° SUBDIVISION NAME: DEVELOPER: ENGINEER: PHEASANT LANE PHASE I: STREETS 3" Asphalt over 6" Base Course Curb and Gutter (Mod. Ramp) Handicap Ramp (4) Sidewalk Flowable Fill Cross pan WATER 6" PVC Water Main Service Fire Hydrant Ass'y SANITARY SEWER: 8" PVC Sewer Main 48" Manholes Services STORM SEWER 18 RCP Type "S" Inlet L =8' 24 RCP 60" RCP Type "S" Inlet L =4' Type 1B Manhole Rip -Rap STREET LIGHT MONUMENT BOX SIGNAGE T- Intersection (60' R -O -W) SETTLERS VILLAGE FILING NO. 3 HORIZON COMMUNITIES, INC. NORTHSTAR ENGINEERING AND SURVEYING, INC. 2725 SY @ $17.50 /SY = $47,688 1780 LF @ $10.00 /LF = $17,800 162 SF @ $3.50 /SF $567 4025 SF @ $2.50 /SF $10,063 8 CY @ $65.00 /CY $520 480 SF @ $4.25 /SF $2,040 890 LF @ $40.00 /LF = $35,600 12 EA @ $500.00 /EA = $6,000 3 EA @ $2,700.00 /EA = $8,100 722 LF @ $33.00 /LF = $23,826 2 EA @ $2,240.00 /EA = $4,480 12 EA @ $800.00 /EA = $9,600 21 L.F. @ $36.00 /LF = $756 1 EA @ $3,400.00 /EA = $3,400 22 L.F. @ $48.00 /LF = $1,056 192 L.F. @ $120.00 /LF = $23,040 2 EA @ $2,200.00 /EA = $4,400 1 EA @ $2,000.00 /EA = $2,000 70 CY @ $50.00 /EA = $3,500 2 EA @ $1,300.00 /EA = $2,600 2 EA @ $575.00 /EA = $1,150 2 EA @ $200.00 /EA = $400 PHASE I - PHEASANT LANE - SUBTOTAL $2081585 IIIIII VIII IIIIII IIII VIII VIII IIIIIII III IIIIII III IIII Page: 9 289842P ChrisC.Munoz PuabloCtyClk&Rac SUED PG R 81.00 D 0.00 [VISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDMSION NAME: SETTLERS VILLAGE FILING NO. 3 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. BOBTAIL LANE PHASE I: STREETS 3" Asphalt over 6" Base Course 446 SY @ $17.50 /SY = $7,805 Curb and Gutter (Mod. Ramp) 270 LF @ $10.00 /LF = $2,700 WATER 8" PVC Water Main 145 LF @ $40.00 /LF = $5,800 MONUMENT BOX 1 EA @ $575.00 /EA = $575 BARRICADES L =16' 1 EA @ $825.00 /EA = $825 PHASE I - BOBTAIL LANE - SUBTOTAL $17,705 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 65720 9v42P ChrizC.Muncz Pueb1oCtyG1k&Rec SUBD AG R 81.00 D 0.00 SUBDMSION IMPROVEMENTS AGREEMENT EXHIBIT eB" SUBDIVISION NAME: DEVELOPER: ENGINEER: PTARMIGAN LANE PHASE I: STREETS 3" Asphalt over 6" Base Course Curb and Gutter (Mod. Ramp) WATER 8" PVC Water Main Service SANITARY SEWER: 8" PVC Sewer Main Services STORM SEWER 18" RCP 24" RCP Type "S" Inlet L =12' Type 1B Manhole BARRICADES L =16' SETTLERS VILLAGE FILING NO. 3 HORIZON COMMUNITIES, INC. NORTHSTAR ENGINEERING AND SURVEYING, INC. 340 SY @ $17.50 /SY = $5,950 220 LF @ $10.00 /LF = $2,200 110 LF @ $40.00 /LF = $4,400 2 EA @ $500.00 /EA = $1,000 101 LF @ $33.00 /LF = $3,333 2 EA @ $800.00 /EA = $1,600 95 LF @ $36.00 /LF = $3,420 21 LF @ $48.00 /LF = $1,008 1 EA @ $4,600.00 /EA = $4,600 1 EA @ $2,000.00 /EA = $2,000 1 EA @ $825.00 /EA = $825 PHASE I - PTARMIGAN LANE - SUBTOTAL $30,336 PHASE I - BIGHORN LANE - SUBTOTAL #28,270 IIIIII VIII IIIIII IIII VIII VIII IIIIIII III IIIIII III IIII of 16 6 57 12 P ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 81.00 D 0.00 SUBDMSION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SETTLERS VILLAGE FILING NO. 3 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. BIGHORN LANE PHASE I: STREET 3" Asphalt over 6" Base Course 430 SY @ $17.50 /SY = $7,525 Curb and Gutter (Mod. Ramp) 280 LF @ $10.00 /LF = $2,800 WATER 8" PVC Water Main 280 LF @ $40.00 /LF = $11,200 SANITARY SEWER 8" PVC Sewer Main 140 LF @ $33.00 /LF = $4,620 STREET LIGHTS 1 EA @ $1,300.00 /EA = $1,300 BARRICADES L =16' 1 EA @ $825.00 /EA = $825 PHASE I - BIGHORN LANE - SUBTOTAL #28,270 IIIIII VIII VIII) IIII VIII VIII IIIIIII III IIIIII III IIII 657289842P ChrisC.Munoz PuehloCtyClkOeo SURD PG R 81.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SETTLERS VILLAGE FILING NO. 3 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE I: ONSITE 8" PVC Sewer Main 595 LF @ $33.00 /LF = $19,635 48" Manholes 2 EA @ $2,240.00 /EA = $4,480 Services 8 EA @ $800.00 /EA = $6,400 Grading 17600 CY @ $2.00 /CY = $35,200 Rip -Rap 100 CY @ $50.00 /CY = $5,000 Revegetation 1.8 AC @ $12,000.00 /AC = $21,600 Park 2.44 AC @ $16,200.00 /AC = $39,528 OFFSITE Grading 33000 CY @ $2.00 /CY = $66,000 Revegetation 9 AC @ $12,000.00 /AC = $108,000 DETENTION POND Outlet Structure 1 EA @ $6,000.00 /CY = $6,000 36" RCP 160 LF @ $72.00 /LF = $11,520 Spillway 4320 SF @ $2.50 /SF $10,800 Rip -Rap 250 CY @ $50.00 /CY = $12,500 Grading 10500 CY @ $2.00 /CY = $21,000 Revegetation 5.5 AC @ $12,000.00 /AC = $66,000 PHASE I - MISC. IMPROVEMENTS - SUBTOTAL $433,663 TOTAL PHASE I: $7979 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 9 289842P ChrisC.Munoz PuebloCtYGIMec SUBD AG R 81.00 D 0.00 IIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SETTLERS VILLAGE FILING NO. 3 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. BIGHORN LANE PHASE II: STREETS 3" Asphalt over 6" Base Course 412 SY @ $17.50 /SY = $7,210 Curb and Gutter (Mod. Ramp) 270 LF @ $10.00 /LF = $2,700 WATER 8" PVC Water Main 135 LF @ $40.00 /LF = $5,400 PHASE I - BIGHORN LANE - SUBTOTAL 115,310 g e: 15 of 16 IIIIII VIII IIIIII IIII VIII VIII Ilillli III IIIIII III IIII 157289842P ChrisC.Munoz PuebloCtYM &Rec SUBD AG R 81.00 D 0.00 SUBDMSION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME DEVELOPER: ENGINEER: BIGHORN COURT PHASE II: STREET 3" Asphalt over 6" Base Course Curb and Gutter (Mod. Ramp) Handicap Ramp WATER 8" PVC Water Main Service Fire Hydrant Ass'y SANITARY SEWER: 8" PVC Sewer Main Services 48" Manholes STORM SEWER 6" Conc. Pan Sidewalk Culver STREET LIGHT I NA E T- Intersection (80' R -O -W) MONUMENT BOX SETTLERS VILLAGE FILING NO. 3 HORIZON COMMUNITIES, INC. NORTHSTAR ENGINEERING AND SURVEYING, INC. 2500 SY @ $17.50 /SY = $43,750 1460 LF @ $10.00 /LF = $14,600 162 SF @ $3.50 /SF $567 730 LF @ $40.00 /LF = $29,200 20 EA @ $500.00 /EA = $10,000 2 EA @ $2,700.00 /EA = $5,400 384 LF @ $33.00 /LF = $12,672 12 EA @ $800.00 /EA = $9,600 1 EA @ $2,240.00 /EA = $2,240 1430 SF @ $3.20 /LF = $4,576 2 EA @ $2,000.00 /EA = $4,000 2 EA @ $1,300.00 /EA = $2,600 1 EA @ $300.00 /EA = $300 4 EA @ $575.00 /EA = $2,300 PHASE II - BIGHORN COURT - SUBTOTAL $141,805 IIIIII VIII IIIIII IIII VIII VIII IIIIIII III IIIIII III IIII 06 /29/200 12 :.42P ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 81.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDMSION NAME: SETTLERS VILLAGE FILING NO. 3 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. TOTAL PHASE II: $157,115 TOTAL PROJECT: $1,151,080 Letter of Credit for pan in drainage 16,300 SF @ $2.50 /SF = $40,750 6' wide v -pan 2" depression (on -site and east to Prairie Ave) This is an estimate only. Actual construction costs may vary. PREPARED BY: M. CUPPY FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC. The undersigned hereby certifies that (i) the quantities of construction elements shown here accurately depicts the quantities necessary to construct the Required Public Improvements a (ii) shown hereon are the most current unit price provided by the City of Puel a rJ,P . 6-i0• y Pr6fessional Engineer Date C Reception 1572899 06/29/2004 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the Z00q Subdivision Improvements Agreement for Settlers village, Filing lyo. 3� (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. 6. No modifications to the phasing sequence set forth in the attached Exhibit "A" shall be approved by the Director until (a) 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, (b) Subdivider furnishes title information satisfactory to the City showing all persons and entities having a recorded interest in all lots within the Subdivision ( "Interested Parties "), and (c) all Interested Parties execute and acknowledge their consent to and approval of the modification to the phasing sequence in form and content approved by the City Attomey. 7. 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 V��,� 9 Horizon Communities, Inc. a Colorado Corporation Subdivider DPW 103 1/6/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 2 3 ChrisC.Munoz Pueb1oCtyC1k &Rec ADD AGR R 38.00 D 0.00 STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) By —AAoty Robert W. Leach, President By The foregoing instrument was acknowledged before me this C i w " day of J U1iP_ , 90N, by Robert W. Leach, President of , Subdivider. Horizon Communities, Inc., a Colorado Corporation Witness my hand and official seal. My commission expires: loll? Lz [SEAL �P,�p7AR J- 7 A L �4: o0 P O F COLO� * Commission E �Vmia117M07 Not try Public CITY OF PUEBLO, a Municipal Corporation By Presiders f the Council DPW 103 1/6/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 659 289942P ChrisC.Munoz Pueb1oCtyC1k&Rac ADD AGR R 16.00 D 0.00 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" 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 1 — 4, Block 1 Lots 1 — 9, Block 2 Lots 1 — 9, Block 3 Lots 6 — 9, Block 5 Lots 1 — 5, Block 6 (b) Phase II shall consist of the following lots within the Subdivision: Lots 10 — 16, Block 3 Lots 1 — 8, Block 4 Lots 1 — 5, Block 5 DPW 103 1/6/04 Reception 1572900 06/29/2004 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) y riv THIS EASEMENT, granted this B day of TO 91161 , Zoo ` , by Horizon Communities, Inc Grantor, to Pueblo, a Municipal Corporation, Grantee: a Colorado Corporation 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 Drainage , in, through, over, under and across Grantor's property situated in Pueblo County, Colorado described in the attached Exhibit "A" (the Property). Grantor shall install Drainage Facilities in the Property in accordance with plans and specifications therefore approved by, and on file with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair and replace the Facilities. Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15% from the Grantor. For such purposes, Grantee is granted the right to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the Grantee to any liability for such failure. Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the Property. "Grantee" shall include the plural and the feminine. This Easement and Right of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED this �rN day of , Z 00 4 GRANTOR: Horizon Communities Inc., a Colorado Corporation By: Y".,4 Robert W. Leach, President COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) The foregoing instrument was acknowledged before me this _ day of Akre. c2004 b y Robert W Leach, President Horizon Communities, Inc., a Colorado Witness my hand and official seal. Corporation My Commission Expires: i x 4 4 9• �< `s Notary Publfc •. r •. ,: to z 111111111111111111111111111111111111111 Ill 1111111111111 1572900 Page: 2 of 4 06/29/2004 12:42P 00 D 0.00 EXHIBIT A DRAINAGE EASEMENT A parcel of land located in the NE 7 /a of Section 22 and the NW 1 /4 of Section 23, Township 21 South, Range 65 West of the 6"' P.M. in the County of Pueblo, State of Colorado and being more particularly described as follows: Considering the North line of Section 22, Township 21 South, Range 65 West of the 6 t ' P.M. to bear N. 89 0 40'00" E. and all bearings contained herein being relative thereto. Beginning at the Northeast Corner of Settlers Village Filing No. 3 according to the recorded plat thereof as filed for record in the Pueblo County Records, said point also being on the North line of the NE 1 /a of said Section 22; thence N. 89 0 40'00" E., along said North line of Section 22, a distance of 1240.00 feet to the Northeast Corner of said Section 22, said point also being the Northwest Corner of said Section 23; thence N. 89 0 39'29" E., along the North line of the NW 1 /a of said Section 23, a distance of 1669.95 feet; thence S. 00 0 1024" E., a distance of 967.75 feet to a point on the Northerly right -of -way line of future Nolan Trace; thence S. 66 0 03'48" W., along said future Northerly right -of -way line a distance of 158.13 feet: thence N. 69 0 3233" W., a distance of 164.43 feet; thence N. 83 1 1132" W., a distance of 212.98 feet; thence N. 00 0 10'24" W., a distance of 736.15 feet; thence N. 45 °1528 W., a distance of 42.36 feet; thence S. 89 0 3929" W., a distance of 1129.43 feet to a point on the West line of the NW 1 /a of said Section 23, said point also being the East line of the NE' /a of said Section 22; thence S. 89 0 40'00" W., a distance of 1240.78 feet to a point on the East line of said Settlers Village Filing No. 3; thence along said East line of Settlers Village Filing No. 3 the following two (2) courses: 1. N. 04 0 02'42" E., a distance of 10.03 feet; 2. N. 00 0 20'00" W., a distance of 170.00 feet to the Point of Beginning. EXCEPTING THEREFROM: That portion of the reserved right -of -way of the St. Charles Ditch (Minnequa Feeder Canal) as presently located and recorded in Book 2746 at Page 203 in the Pueblo County Records. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 Street Pueblo, CO 81003 April 14, 2004 ]N 96 105 25 1111111111111111111111111111111111111111111111111111111 Page: 59 3 of 4 P ChrisC.Munoz PuebloCtyCIMee EASE R 21.00 D 0.00 .see GeaAs >wba1+'a t�� ._. w� � �� v .. f -• gS 4 rq -1 l \ V _ O o m I � a a 2 y i \ ♦ i i � 1 F -i II g n O I o �_. CD m r �_•• b 4 !� b t-•I _ g , �,• 4 Z ~ a O ft Vi > N0070'24 �W ;7C` 736.15' O m \� \ \ Q un \ rn ` w•� 867.75' i:5 Soo ir I '- , %` \ ` `\ APPROXIMATE CENTERLINE OF z 4, \\ THE RICHT -OF -WAY OF THE \ \ ST. CHARLES DITCH \ \\ (MINNEOUA FEEDER CANAL) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 65g 290042P ChrisC.Munoz PuebloCtyClk &Rec EASE R 21.00 D 0.00 Reception 1572901 06/29/2004 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And M-dintained By Grantor) THIS EASEMENT, granted this 12th day of May 2004 b . Y F rank J. Scanio, Jr. and , Grantor, to Pueblo, a Municipal Corporation, Grantee: Marion Rooke Scanio, Trustees WITNES SETH: 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 Drainage in, through, over, under and across Grantor's property situated in Pueblo County, Colorado described in the attached Exhibit "A" (the Property). Grantor shall install Drainage Facilities in the Property in accordance with plans and specifications therefore approved by, and on file with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair and replace the Facilities. Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15% from the Grantor. For such purposes, Grantee is granted the right to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the Grantee to any liability for such failure. Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the Property. "Grantee" shall include the plural and the feminine. This Easement and Right of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED this day of auy a o GRANTOR: Frank J. Scanio, Jr., Trustee By: /'I 1 e �/�Jl�1�i CGincn Marion Rooke Scanio, Trustee COUNTY OF NUECES ) ) ss. STATE OF TEXAS ) The foregoing instrument was acknowledged before me this /a -tt-- day of aoe by Frank J. Scanio, Jr. and Marion Scanio, Trustees Witness my hand and official seal. My Commission Expires: JL 3 _ u 8 (SEAL *,-- Notary Public TINA NIE Notary PC STATE 0'F TEXAS ond� My Comm. Exp. 04 -23 -2008 . (VIII VIII Ililll IIII VIII VIII IIIIIII III VIII IIII IIII 6 5729@ 1 42P ChrisC.Munoz Pueb10CtyC1k&R EASE R 21.00 0 0.00 2 IIIIII VIII IIIIII IIII VIII VIII IIIIIII III VIII IIII IIII 8 572901 .42P CbrisC.Munoz Pueb1cCtyC1k &Rec EASE R 21.00 D 0.00 EXHIBIT A TEMPORARY DRAINAGE EASEMENT A parcel of land located in the NE 1 /a of the NE 1 /4 of Section 22, Township 21 South, Range 65 West of the 6"' P.M. in the County of Pueblo, State of Colorado being 20 feet in width, 10 feet on each side of the following described centerline and being more particularly described as follows: Considering the North line of the NE 1 /a of Section 22, Township 21 South, Range 65 West of the a P.M. to bear N. 89 0 40 1 00" E. and all bearings contained herein being relative thereto. Commencing at the Northeast Comer of Lot 5, Block 6 in Settlers Village Filing No. 3 according to the recorded plat thereof as filed for record in the Pueblo County Records, said point also being on the Easterly right -of -way line of Bobcat Lane in said Settlers Village Filing No. 3; thence N. 04 0 26'13" E., along said Easterly right -of -way line a distance of 21.50 feet to the Point of Beginning; thence S. 85 0 3347" E., a distance of 69.59 feet; thence N. 70 0 33'07" E., a distance of 478.27 feet; thence N. 44 0 09'02" E., a distance of 406.37 feet to the Point of Terminus. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 Street Pueblo, CO 81003 April 14, 2004 JN 96 105 25 a I Y _ O I�IJ KZ „. 4. I I v t m � �I K. O 4�� p =I `, Fi I I —C e e h� `. i' • W U U f-I x // W i. g e e h� �W nn o pd o� z �W n- h� chi V w lill 5 III Hill Pa 291 ChrisC.Munoz PuebloCtyClk6Rec EASE R 21.00 D 0.00 0 H O W cQ II U v b .-1 1 , 1 I l I I I I p I I I 1 O o � IZry �W Ni W U w 2 � c3 � i m ci I �CfO I R C 0.06 (q 0.106000 Ind `. i' • w A �W nn o pd o� z �W n- h� chi V w lill 5 III Hill Pa 291 ChrisC.Munoz PuebloCtyClk6Rec EASE R 21.00 D 0.00 0 H O W cQ II U v b .-1 1 , 1 I l I I I I p I I I 1 O o � IZry �W Ni W U w 2 � c3 � i m ci I �CfO I R C 0.06 (q 0.106000 Ind