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HomeMy WebLinkAbout07166Reception 1616741 04/22/2005 ORDINANCE NO. 7166 AN ORDINANCE APPROVING THE PLAT OF WEST LEE HILLS SUBDIVISION, FILING NO. 1 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of West Lee Hills Subdivision Filing No. 1, being a subdivision of land legally described as: A parcel of land located in the E '/2 of the NE % of Section 8 and the NW '/. of Section 9, Township 21 South, Range 65 West of the 6 th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the West line of the NW 1 /4 of Section 9, Township 21 South, Range 65 West of the 6 th P.M. to bear N. 00 °53'19" E. and all bearings contained herein being relative thereto. Beginning at the W '/. Corner of Section 9, said point also being the E '/4 Corner of Section 8; thence N. 89 0 04'42" W., along the South line of the NE '/4 of Section 8, a distance of 314.79 feet; thence N. 10 °12'52" E., a distance of 177.33 feet; thence N. 07 0 35'25" W., a distance of 115.35 feet; thence N. 44 0 31'36" W., a distance of 134.82 feet; thence N.00 °51'40" E., a distance of 89.58 feet; thence N. 61 E., a distance of 223.76 feet; thence N. 70 °06'38" E., a distance of 253.96 feet; thence N. 63 °47'25" E., a distance of 160.39 feet; thence N. 73 °40'10" E., a distance of 160.84 feet; thence N. 76 0 43'07 "' E., a distance of 80.98 feet; thence N. 71 E., a distance of 83.16 feet; thence N. 22 0 54'38" W., a distance of 20.06 feet; thence N. 63 0 00'28" E., a distance of 158.33 feet; thence N. 49 0 38'54" E., a distance of 241.65 feet; thence N. 35 0 07'07" E., a distance of 153.65 feet; thence N. 31 E., a distance of 218.05 feet; thence N. 17 °57'39" E., a distance of 158.95 feet; thence N. 09 °51'29" E., a distance of 101.50 feet; thence N. 90 0 00'00" W., a distance of 105.81 feet; thence N. 15 0 09'40" W., a distance of 160.88 feet; thence N. 25 0 44'34" W., a distance of 360.51 feet; thence N. 04 0 08'46" W., a distance of 237.11 feet; thence N. 25 0 55'16" W., a distance of 140.48 feet; thence N. 33 0 43'55" W., a distance of 184.40 feet; thence N. 69 0 13'57" W., a distance of 66.52 feet to a point on the North line of said Section 9; thence S. 88 °24'41" E., along the North line of said Section 9, a distance of 1660.41 feet to a point on the Easterly line of Regency Park 11"' Filing according to the recorded plat thereof as filed for record May 2, 1979 in the Pueblo County records; thence along the said Easterly line the following nine (9) courses: 1. S. 11 0 24'18" W., a distance of 71.73 feet, ( S. 11 0 27'02" W., a distance of 71.59 feet Plat); 2. S. 21 °13'06" W., (S. 21 °15'50" W. Plat), a distance of 210.00 feet; 3. N. 68 0 46'54" W., (N. 68 Plat), a distance of 107.00 feet; 4. S. 55 (S. 55 0 57'33" W. Plat), a distance of 79.06 feet; 5. S. 21 W., (S. 21 W. Plat), a distance of 154.00 feet; 6. S. 13 0 28'36" E., (S. 13 0 25'52" E. Plat), a distance of 79.06 feet; 7. S. 68 0 46'54" E., (S. 68 0 44'10" E. Plat), a distance of 107.00 feet; 8. S. 21 0 13'06" W., (S. 21 0 15'50" W. Plat), a distance of 140.00 feet; 9. S. 68 0 46'54" E., (S. 68 0 44'10" E. Plat), a distance of 100.00 feet to a point on the Westerly right -of -way line of Kingsroyal Boulevard; thence continuing S. 21 0 13'06" W., (S. 21 Plat), along the said Westerly right - of -way line a distance of 329.42 feet to a point on the Northerly line of Regency Park, 15 Filing according to the recorded plat thereof as filed for record April 19, 1989 in the Pueblo County records; thence along the boundary of said Regency Park, 15 Filing the following four (4) courses: 1. N. 68 0 45'50" W., (N. 68 °44'10" W. Plat), a distance of 31.41 feet; 2. along the arc of a curve to the left whose radius is 390.00 feet a distance of 203.15 feet; 3. S. 08 0 36'32" E., (S. 08 0 34'52" E. Plat), a distance of 80.00 feet; 4. S. 00 °37'31" W., (S. 00 °40'08" W. Plat), a distance of 1112.02 feet to a point on the north line of Regency Ridge Subdivision, 6 th Filing according to the record plat thereof as filed for record September 2, 1998 in the Pueblo County records; thence along said Regency Ridge Subdivision, 6 th Filing the following three (3) courses: 1. N. 89 0 22'39" W., (N. 89 0 19'52" W. Plat), a distance of 368.86 feet; 2. S. 00 a distance of 494.56 feet, (S. 00 °02'42" E., a distance of 494.39 feet Plat), to a point on the South line of the NW '/4 of said Section 9; 3. N. 88 0 29'05" W., along said Regency Ridge Subdivision, 6 Filing and the South line of the NW '/4 of said Section 9, a distance of 1331.25 feet to the Point of Beginning. Containing 75.804 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' 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 -sac in order to make better use of lot frontage for driveway access and landscaping; 4). Street crown slope 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 Parcel "B ", and "C" in order to create a more efficient drainage channel by utilizing water harvesting and sediment control. The developer must provide an addendum to the Subdivision Improvement Agreement, at the time of the Part ll Submittal, that addresses collateralization for the said low flow pans. All costs relating to the low flow pans must also be shown in the Exhibit "8" of the subdivision Improvement Agreement with a provision to require collateralization prior to the issuance of the first building permit within this subdivision. 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. 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: Y varc of ATTESTE . 8 z - PASSED AND APPROVED. AN June 14. 2004 Michael Occhiato COUNCILPERSON APPROVED: Ll 4 P ES ENT OF CITY COUNCIL June 28, 2004 Background Paper for Proposed ORDINANCE AGENDA ITEM # t' 31 DATE: JUNE 14, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JAMES MUNCH LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP TITLE AN ORDINANCE APPROVING THE PLAT OF WEST LEE HILLS SUBDIVISION FILING NO. 1 ISSUE Shall City Council approve a request to subdivide this property for the purpose of residential development? RECOMMENDATION The Planning Commission voted unanimously (7 -0) to recommend approval. BACKGROUND The applicant wants to subdivide approximately 40 acres for the construction of single - family homes in phase 1 of the approved Master Plan. 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' 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- sac in order to make better use of lot frontage for driveway access and landscaping; 4). Street crown slope 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 Parcel "B ", and "C" in order to create a more efficient drainage channel by utilizing water harvesting and sediment control. The developer must provide an addendum to the Subdivision Improvement Agreement, at the time of the Part 11 Submittal, that addresses collateralization for i the said low flow pans. All costs relating to the low flow pans must also be shown in the Exhibit `B" of the subdivision Improvement Agreement with a provision to require collateralization prior to the issuance of the first building permit within this subdivision. This application is being submitted concurrently with the rezoning request Z- 04 -04, which were both approved by the Planning Commission. The applicant has complied with all of the items listed in the Subdivision Review Committee (SRC) memo dated March 31, 2004 as confirmed in the memo from Joe Martellaro dated June 3, 2004 and is in compliance with the conditions of approval made by the Planning and Zoning Commission on May 12, 2004. An accompanying resolution will allow the exchange of land within the Lehigh Avenue right of way from Hudspeth Park to the West Lee Hills Subdivision and a slightly larger area from West Lee Hills Subdivision will be added to Hudspeth Park. This will facilitate the extension of Lehigh Avenue. FINANCIAL IMPACT None Reception 1616743 04/22/2005 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on �C br U o r 8 f - h , Zoo 5 1 between the CITY OF PUEBLO, a Municipal Corporation ( "Ci '), and Ton Land Development. LLC, a Colorado Limited Liability Company ( "Subdivider "). 130"IrMM 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 West Lee Hills, Filing No. 1 ( "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 XH 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 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: 1. Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 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 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 depositor 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. 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. DPW 101 04/09/04 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 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. DPW 101 04/09/04 IIIIII VIII IIIIII VIII IIIIII III IIIIIII III VIII IIII IIII 0 616743 Chris C. Munoz PuebloCtyClk &Rec SUBD RGR 96.00 D 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 DPwlot 04/09/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 6167 4346P C hris C. M P &Rec SUED RGR 96.00 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- 70)(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 « 16. All Required Public Improvements shall be constructed and installed in compliance with all applicable standards and specifications approved by City Council. 17. The parties 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. DPw101 04/09/04 �.��...�N�� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0616749 ��• �OTA 'Ql -•.9N IIIIIIII C hris C . Munoz Pueb10CtYC1k&Rec SUED RGR 96.00 _ D 0.00 op an Development, LLC, a Colorado % C ) Op Subdivider mi d Liabi ( ty Compan S �e� ...•• QP By; OF coo ac r ember MyCDmmiss Evires i0h7av By: The foregoing instrument was acknowledged before me on `5 Fe t) f un yu , by Jack R. Jargowsky, Member, Top Land Development, LLC, Su eider. a Colorado Limited Liability Company My commission expire -� 4� • aO Zo Notary Public �a ` CITY OF PUEBLO, a Munici al rp of By: resident o City Counc' STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 20th day of April 2005 by Robert D. Schilling, Jr. ,as President of City Council, and Gina Dutcher as City Clerk of the City of Pueblo, Colorado. P - X C , my hand and official seal. My c ssion expires: 8 -21 -2007 , *00 J.�p� Notary Public 7D AS TO FORM: City Attorney DPW 101 04/09/04 EXHIBIT "An WEST LEE HILLS, FILING Na 1 A RESUBDIVISION OF A PORTION OF PARCEL "A" IN BLOCK 18, REGENCY PARK 117H FILING AND ALL OF PARCEL "A" IN REGENCY RIDGE SUBDIVISION, 6TH FILING AND A PORTION OF THE E 1/2 OF 114E NE 1/4 OF SECTION 8 AND THE NW 1/4 OF SECTION 9 TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH P.M. COUNTY OF PUEBLO, STATE OF COLORADO KNOW ALL MEN BY THESE PRESENTS: That Top Land Development, LLC, a Colorado Limited Liability Company, being sole owner of the following property. A parcel of land located in the E 1/2 of the NE 1/4 of Section 8 and the NW 1/4 of Section 9, Township 21 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the West line of the NW 1/4 of Section 9, Township 21 South, Range 65 West of the 6th P.M. to bear N. 00'53'19" E. and all bearings contained herein being relative thereto. Beginning at the W 1/4 Corner of Section 9, said point also being the E 1/4 Corner of Section 8; thence N. 89'04'42" W, along the South line of the NE 1/4 of Section 8, a distance of 314.79 feet; thence N. 1072'52" E., a distance of 17Z33 feet; thence N. 0735'25" W, a distance of 115.35 feet; thence N. 443136" W, a distance of 134.82 feet; thence N. 005140" E, a distance of 89.58 feet; thence N. 6109'06" E., a distance of 223.76 feet; thence N. 70'06'38" E., a distance of 253.96 feet; thence N. 6347'25" E., a distance of 160.39 feet; thence N. 73'40'10" E., a distance of 160.84 feet; thence N. 76 43'07 E., a distance of 80.98 feet; thence N. 7125'57" E, a distance of 83.16 feet; thence N. 2254'38" W, a distance of 20.06 feet; thence N. 6300'28" E., a distance of 158.33 feet; thence N. 49'38'54" E., a distance of 241.65 feet; thence N. 3507'07" E., a distance of 153.65 feet; thence N. 3157'44" E, a distance of 218.05 feet; thence N. 17'57'39" E., a distance of 158.95 feet; thence N. 095129" E., a distance of 101.50 feet; thence N. 9000'00" W, a distance of 105.81 feet; thence N. 1509'40" W, a distance of 160.88 feet; thence N. 25'44'34" W, a distance of 360.51 feet; thence N. 0408'46" W. a distance of 237.11 feet; thence N. 2555'16" W, a distance of 140.48 feet; thence N. 334355" W, a distance of 184.40 feet; thence N. 6973'57" W., a distance of 66.52 feet to a point on the North line of said Section 9; thence S 8824'41" E., along the North line of said Section 9, a distance of 1660.41 feet to a point on the Easterly line of Regency Park 11th Filing according to the recorded plat thereof as filed for record May 2, 1979 in the Pueblo County records; thence along the said Easterly line the following nine (9) courses: 1. S. 1124'18" W, a distance of 71.73 feet, (S. 1127'02" W, a distance of 71.59 feet Plot); 2. S. 2173'06" W, (S. 2175'50" W. Plat), a distance of 210.00 feet; 3. N. 68'46'54" W, (N. 68'44'10' W. Plat), a distance of 107.00 feet; 4. S. 5554'49" W, (S. 5557'33" W. Plat), a distance of 79.06 feet; 5. S 21'13'06" W, (S. 2175'50" W. Plat), a distance of 154.00 feet; 6. S. 1328'36" E., (S. 1325'52" E. Plat), a distance of 79.06 feet; Z S. 68'46'54" E, (S. 6844'10" E. Plat), a distance of 107.00 feet; 8. S. 2173'06" W, (S. 2175'50" W. Plat), a distance of 140.00 feet; 9. S. 6846'54" E., (S. 6844'10" E. Plat), a distance of 100.00 feet to a point on the Westerly right-of-way line of Kingsroyal Boulevard; thence continuing S. 21'13'06" W, (S. 2175'50" W. Plat), along the said Westerly right-of-way line a distance of 329.42 feet to a point on the Northerly line of Regency Park, 15th Filing according to the recorded plat thereof as filed for record April 19, 1989 in the Pueblo County records; thence along the boundary of said Regency Park, 15th Filing the following four (4) courses: 1. N. 68'45'50" W., (N. 6844'10" W. Plot), a distance of 31.41 feet; 2. along the arc of a curve to the left whose radius is 390.00 feet a distance of 203.15 feet; 3. S 083632" E., (S. 083452" E. Plot), a distance of 80.00 feet; 4. S. 00'37'31" W, (S. 00440"08" W. Plot), a distance of 1112.02 feet to a point on the north line of Regency Ridge Subdivision, 6th Filing according to the recorded plat thereof as filed for record September 2, 1998 in the Pueblo County records; thence along said Regency Ridge Subdivision, 6th Filing the following three (3) courses: R 1. N. 8922'39" W. (N. 89'19'52" W. Plat), a distance of 368.86 feet; E 2. S. 000251" W, a distance of 494.56 feet, (S. 0002'42" E., a distance of 494.39 feet Plat), to a point on the South line of the NW 1/4 of said Section 9; A 3. N. 88'29'05" W, along said Regency Ridge Subdivision, 6th Filing and the South line of the R NW 1/4 of said Section 9, o distance of 1331.25 feet to the Point of Beginning. 1616743 D Containing 75.804 acres. 04922/2005 03:46P Chris C. Munoz PuebloCtyClk&Rec SUED AGR 96.00 D20:0.5:00193 0.00 Y NORTHSTAR ENGINEE1UNG AND SURVEYING, INC. SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: WEST LEE HILLS, FILING NO. 1 DEVELOPER: TOP LAND DEVELOPMENT, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. LEHIGH AVE PHASE I: STREETS Earthwork& Grading 4500 CY @ $2.00 /CY = $9,000 7" Asphalt over 8" Base Course (Est.) 1355 SY @ $18.50 /SY = $25,068 Curb and Gutter (Vert.) 510 LF @ $10.00 /LF = $5,100 Handicap Ramp (5) 613 SF @ $5.00 /SF $3,065 Sidewalk 5700 SF @ $2.50 /SF $14,250 Asphalt Patching at Ex. Street 5.5 TON @ $45.00 /TON $248 Embankment Protection at Arroyo 20 CY @ $50.00 /CY = $1,000 Lehigh Avenue Escrowed Items(under SIA Addendum): Escrowed Curb and Gutter(Vert.) 804 LF $10.00 /LF = $8,040 7"Asphalt over 8"Base Course(Est.) 1923 SY $18.50 /SY = $35,576 $43,616 WATER 16" PVC Water Main 225 LF @ $45.00 /LF = $10,125 Fire Hydrant Ass'y 1 EA @ $3,000.00 /EA = $3,000 SANITARY SEWER: 8" PVC Sewer Main 310 LF @ $30.00 /LF = $9,300 48" Manholes 2 EA @ $2,200.00 /EA = $4,400 Gravel Access Road (4" Depth, 12' Wide) 30 SY @ $4.00 /SY = $120 STORM SEWER Type "S" Inlet L=6' (Temp. Area Inlet) 1 EA © $2,900.00 /EA = $2,900 18" RCP 28 L.F. @ $38.00 /LF = $1,064 STREET LIGHT 1 EA @ $1,300.00 /EA = $1,300 MONUMENT BOX 3 EA @ $575.00 /EA = $1,725 SIGNAGE T-Intersection (100' R-O-W) 1 EA @ $200.00 /EA = $200 BARRICADES Type III w/ Skids (L=16') 3 EA @ $825.00 /EA = $2,475 PHASE I - LEHIGH AVE. -SUBTOTAL $94,339 11E11 1111 I MI III I 1616743 Page: 8 of 19 04/22/2005 03:46P Chris C. Munoz PuebloCtyClk&Rec SUBD AGR 96.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: WEST LEE HILLS, FILING NO. 1 DEVELOPER: TOP LAND DEVELOPMENT, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. LYNN MEADOWS DR. PHASE I: STREETS 3" Asphalt over 6" Base Course (Est.) 5200 SY @ $19.50 /SY = $101,400 Curb and Gutter(Mod. Ramp) 3620 LF @ $10.00 /LF = $36,200 Handicap Ramp (5) 613 SF © $5.00 /SF $3,065 Sidewalk 12850 SF @ $2.50 /SF $32,125 Cross pan 364 SF @ $4.25 /SF $1,547 Flowable Fill 9 LF @ $40.00 /LF = $360 WATER 8" PVC Water Main 1300 LF © $45.00 /LF = $58,500 Service 31 EA @ $500.00 /EA = $15,500 Fire Hydrant Ass'y 2 EA @ $3,000.00 /EA = $6,000 SANITARY SEWER: 8" PVC Sewer Main 1266 LF @ $30.00 /LF = $37,980 48" Manholes 6 EA @ $2,240.00 /EA = $13,440 Services 31 EA © $1,000.00 /EA = $31,000 STORM SEWER 18" RCP 264 L.F. @ $38.00 /LF = $10,032 24" RCP 147 L.F. @ $48.00 /LF = $7,056 Type "W" Inlet L=4' 1 EA @ $2,500.00 /EA = $2,500 Type "S" Inlet L=7' 1 EA @ $3,100.00 /EA = $3,100 Type "W" Inlet L=8' 1 EA @ $3,300.00 /EA = $3,300 Type "W" Inlet L=10' 1 EA @ $3,700.00 /EA = $3,700 Type 1B Manhole 2 EA @ $2,250.00 /EA = $4,500 Rip-Rap 6 CY @ $50.00 /EA = $300 STREET LIGHT 2 EA @ $1,300.00 /EA = $2,600 MONUMENT BOX 6 EA © $575.00 /EA = $3,450 SIGNAGE T-Intersection (60' R-O-W) 1 EA @ $200.00 /EA = $200 PHASE I - LYNN MEADOWS DRIVE - SUBTOTAL $377,855 1111 11111 II II I 1111 II I I ll 1616743 Page: 9 of 19 04/22/2005 03:46P Chris C. Munoz PuebloCtyClk&Rec SUED RGR 96.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: WEST LEE HILLS, FILING NO. 1 DEVELOPER: TOP LAND DEVELOPMENT, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. LA RANDA DRIVE PHASE I: STREETS 3" Asphalt over 6" Base Course (Est.) 3128 SY @ $19.50 /SY = $60,996 Curb and Gutter(Mod. Ramp) 1788 LF @ $10.00 /LF = $17,880 Handicap Ramp (4) 490 SF @ $5.00 /SF $2,450 Sidewalk 8930 SF @ $2.50 /SF $22,325 Cross pan 364 SF @ $4.25 /SF $1,547 Flowable Fill 3 LF @ $40.00 /LF = $120 WATER 8" PVC Water Main 895 LF @ $45.00 /LF = $40,275 Service 24 EA @ $500.00 /EA = $12,000 Fire Hydrant Ass'y 2 EA @ $3,000.00 /EA = $6,000 SANITARY SEWER: 8" PVC Sewer Main 1266 LF @ $33.00 /LF = $41,778 48" Manholes 3 EA @ $2,240.00 /EA = $6,720 Services 24 EA @ $1,000.00 /EA = $24,000 STORM SEWER 18" RCP 60 L.F. @ $38.00 /LF = $2,280 Type "W" Inlet L=13' 1 EA @ $2,500.00 /EA = $2,500 STREET LIGHT 2 EA @ $1,300.00 /EA = $2,600 MONUMENT BOX 4 EA @ $575.00 /EA = $2,300 SIGNAGE T-Intersection (60' R-O-W) 1 EA @ $200.00 /EA = $200 PHASE I - LA RANDA DRIVE - SUBTOTAL $245,971 11111111211 1616743 Page: 10 of 5 Chris C. Munoz PuebloCtyClk&Rec SUED PGR 96.00 04/22/20 3946P SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WEST LEE HILLS, FILING NO. 1 DEVELOPER: TOP LAND DEVELOPMENT, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. SUDBERY DRIVE PHASE I: STREETS 3" Asphalt over 6" Base Course (Est.) 2180 SY @ $19.50 /SY = $42,510 Curb and Gutter (Mod. Ramp) 1000 LF @ $10.00 /LF = $10,000 Sidewalk 6000 SF © $2.50 /SF $15,000 WATER 8" PVC Water Main 614 LF @ $45.00 /LF = $27,630 STORM SEWER 18" RCP 70 L.F. @ $38.00 /LF = $2,660 MONUMENT BOX 2 EA © $575.00 /EA = $1,150 SIGNAGE T-Intersection (60' R-O-W) 1 EA © $200.00 /EA = $200 PHASE I - SUDBERY DRIVE - SUBTOTAL $99,150 111 1111 111111 III I 1616743 Page: 11 of 19 04/22/2005 03:46P Chris C. Munoz PuebloCtyClk&Rec SUED AGR 96.00 D 0.00 ' SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WEST LEE HILLS, FILING NO. 1 DEVELOPER: TOP LAND DEVELOPMENT, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. SAVANNAH DRIVE PHASE I: STREETS 3" Asphalt over 6" Base Course (Est.) 2830 SY @ $19.50 /SY = $55,185 Curb and Gutter (Mod. Ramp) 2212 LF @ $10.00 /LF = $22,120 Handicap Ramps 245 SF @ $5.00 /SF $1,225 Sidewalk 12755 SF @ $2.50 /SF $31,888 Cross pan 364 SF @ $4.25 /SF $1,547 WATER 8" PVC Water Main 1050 LF © $45.00 /LF = $47,250 Service 24 EA @ $500.00 /EA = $12,000 SANITARY SEWER: 8" PVC Sewer Main 1315 LF © $30.00 /LF = $39,450 10" PVC Sewer Main 1315 LF @ $33.00 /LF = $43,395 48" Manholes 6 EA @ $2,240.00 /EA = $13,440 Services 24 EA @ $1,000.00 /EA = $24,000 STORM SEWER 18" RCP 142 L.F. © $38.00 /LF = $5,396 24" RCP 120 L.F. @ $48.00 /LF = $5,760 Type 1B Manhole 2 EA @ $2,250.00 /EA = $4,500 Type "S" Inlet L=4' 1 EA @ $2,500.00 /EA = $2,500 Type "S" Inlet L=6' 1 EA @ $2,900.00 /EA = $2,900 Type "W" Inlet L=6' 2 EA @ $2,900.00 /EA = $5,800 Type "W" Inlet L=20' 1 EA @ $5,700.00 /EA = $5,700 Channel D-D (Loose-Laid) 1 LS @ $750.00 /EA = $750 Channel H-H (Loose-Laid) 1 LS @ $2,200.00 /EA = $2,200 Channel 3-3 (Loose-Laid) 1 LS @ $850.00 /EA = $850 Channel A-A (Grouted) 275 SF @ $12.00 /SF $3,300 Channel B-B (Grouted) 220 SF @ $12.00 /SF $2,640 Rip-Rap 6 CY @ $50.00 /EA = $300 STREET LIGHT 2 EA @ $1,300.00 /EA = $2,600 MONUMENT BOX 15 EA @ $575.00 /EA = $8,625 SIGNAGE T-Intersection (60' R-O-W) 3 EA @ $200.00 /EA = $600 PHASE I - SAVANNAH DRIVE - SUBTOTAL $345,921 II ill 1111 II I 1111 MI II 1616743 Page: 12 of 19 04/22/2005 03:46P Chris C. Munoz PuebloCtyClk&Reo SUBD AGR 96.00 D 0.00 ' • SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: WEST LEE HILLS, FILING NO. 1 DEVELOPER: TOP LAND DEVELOPMENT, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. I ii 1 ill ii 1 1 ii 1 illi ii 1 1 ii MISC. IMPROVEMENTS 1616743Page: 13 of 19 PHASE I: 04/22/2005 03:46P (Chris C. Munoz PuebloCtyC1k&Rec SUBD PGR 96.00 D 0.00 ONSITE 10" PVC Sewer Main (Park) 1280 LF @ $33.00 /LF = $42,240 48" Manholes (Park) 3 EA @ $2,240.00 /EA = $6,720 Grading (Park&Open Space) 2500 CY @ $2.00 /CY = $5,000 Rip-Rap (Arroyo) 400 CY @ $50.00 /CY = $20,000 Revegetation (Park) 2 AC @ $12,000.00 /AC = $24,000 Park Clearing &Grubbing 5.7 AC @ $1,000.00 /AC = $5,700 10' Concrete Community Trail 32920 SF @ $3.00 /SF = $98,760 Culvert Crossing at Trail 40 LF @ $40.00 /LF = $1,600 Area Inlet at Future Lehigh Ave. 1 EA @ $4,000.00 /EA = $4,000 DETENTION POND #2 CIP Retaining Walls 59 CY @ $600.00 /CY = $35,400 Conc. Pad at Pond Bottom 752 SF @ $3.00 /SF = $2,256 10' Concrete Trickle Channel 1234 SF @ $3.00 /SF = $3,702 4' Concrete Trickle Channel 1260 SF @ $3.00 /SF = $3,780 Outlet Structure 1 EA @ $6,000.00 /EA = $6,000 24" RCP 32 LF @ $40.00 /LF = $1,280 Rip-Rap 250 CY @ $50.00 /CY = $12,500 Grading 10500 CY @ $2.00 /CY = $21,000 Revegetation 1 AC @ $12,000.00 /AC = $12,000 OFFSITE Grading 12000 CY @ $2.00 /CY = $24,000 Revegetation 0.5 AC @ $12,000.00 /AC = $6,000 Remove Ex. San. Main 1365 LF @ $7.00 /LF = $9,555 10" PVC Sewer Main 90 LF @ $33.00 /LF = $2,970 18" PVC Sewer Main 5700 LF @ $54.00 /LF = $307,800 21" PVC Sewer Main 178 LF @ $75.00 /LF = $13,350 48" Manholes (Outfall) 5 EA @ $2,240.00 /EA = $11,200 60" Manholes (Outfall) 26 EA @ $4,000.00 /EA = $104,000 Remove Ex. Manholes 9 EA @ $1,600.00 /EA = $14,400 Remove& Replace Curb 20 LF @ $12.50 /LF = $250 Flowable Fill 60 LF @ $40.00 /LF = $2,400 Re-instate Services 12 EA @ $900.00 /EA = $10,800 Asphalt Patching 1400 LF @ $60.00 /LF = $84,000 Landscaping at Median 1 LS @ $5,000.00 /EA = $5,000 Maint. of Traffic Thatcher/Long Intersection 1 LS @ $5,000.00 /EA = $5,000 6' Sidewalk along N. Edge of Lehigh at Park 1320 SF @ $2.50 /SF = $3,300 6' Sidewalk along W. Edge of Kingsroyal at Park 1980 SF @ $2.50 /SF = $4,950 Handicap Ramp 315 SF @ $3.00 /SF = $945 PHASE I - MISC. IMPROVEMENTS- SUBTOTAL $915,858 TOTAL PHASE I: $2,079,094 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WEST LEE HILLS, FILING NO. 1 DEVELOPER: TOP LAND DEVELOPMENT, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. SAVANNAH DRIVE PHASE II: STREETS 3" Asphalt over 6" Base Course (Est.) 3523 SY @ $19.50 /SY = $68,699 Curb and Gutter (Mod. Ramp) 2104 LF @ $10.00 /LF = $21,040 Handicap Ramps (6) 735 SF @ $5.00 /SF = $3,675 Sidewalk 10750 SF @ $2.50 /SF = $26,875 Cross pan (3) 1092 SF @ $4.25 /SF = $4,641 Temporary Asphalt Turn-A-Round 1 LS @ $5,000.00 /LS = $5,000 WATER 8" PVC Water Main 1146 LF @ $45.00 /LF = $51,570 Service 17 EA @ $500.00 /EA = $8,500 SANITARY SEWER: 8" PVC Sewer Main 1315 LF @ $30.00 /LF = $39,450 48" Manholes 5 EA @ $2,240.00 /EA = $11,200 Services 17 EA @ $1,000.00 /EA = $17,000 STORM SEWER 24" RCP 63 L.F. @ $48.00 /LF = $3,024 Type "W" Inlet L=20' 2 EA @ $5,700.00 /EA = $11,400 STREET LIGHT 2 EA @ $1,300.00 /EA = $2,600 MONUMENT BOX 6 EA @ $575.00 /EA = $3,450 SIGNAGE T-Intersection (60' R-O-W) 3 EA @ $200.00 /EA = $600 PHASE II - SAVANNAH DRIVE - SUBTOTAL $278,724 1616743 Page: 14 of 19 04/22/2005 03:46P Chris C. Munoz PuebloCtyClk&Rec SUBD AGR 96.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WEST LEE HILLS, FILING NO. 1 DEVELOPER: TOP LAND DEVELOPMENT, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. KIMBRA COURT PHASE II: STREETS 3" Asphalt over 6" Base Course (Est.) 3523 SY © $19.50 /SY = $68,699 Curb and Gutter (Mod. Ramp) 2104 LF © $10.00 /LF = $21,040 Sidewalk 10750 SF © $2.50 /SF = $26,875 WATER 8" PVC Water Main 244 LF © $45.00 /LF = $10,980 Service 8 EA © $500.00 /EA = $4,000 Fire Hydrant Ass'y 1 EA @ $3,000.00 /EA = $3,000 SANITARY SEWER: 8" PVC Sewer Main 266 LF © $30.00 /LF = $7,980 48" Manholes 1 EA @ $2,240.00 /EA = $2,240 Services 8 EA © $1,000.00 /EA = $8,000 MONUMENT BOX 1 EA © $575.00 /EA = $575 PHASE II - KIMBRA COURT - SUBTOTAL $153,389 II 1111 II II III 1111 1111 II 1616743 Page: 15 of 19 04/22/2005 03:46P Chris C. Munoz PuebloCtyClk&Rec SUBD PGR 96.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WEST LEE HILLS, FILING NO. 1 DEVELOPER: TOP LAND DEVELOPMENT, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. BLAIR COURT PHASE II: STREETS 3" Asphalt over 6" Base Course (Est.) 1565 SY © $19.50 /SY = $30,518 Curb and Gutter(Mod. Ramp) 890 LF © $10.00 /LF = $8,900 Sidewalk 4450 SF @ $2.50 /SF = $11,125 WATER 8" PVC Water Main 405 LF © $45.00 /LF = $18,225 Service 10 EA © $500.00 /EA = $5,000 Fire Hydrant Ass'y 1 EA @ $3,000.00 /EA = $3,000 SANITARY SEWER: 8" PVC Sewer Main 490 LF © $30.00 /LF = $14,700 48" Manholes 3 EA © $2,240.00 /EA = $6,720 Services 10 EA © $1,000.00 /EA = $10,000 STORM SEWER Channel E-E (Loose-Laid) 1 LS © $750.00 /EA = $750 4' Concrete Trickle Channel 472 SF © $3.00 /SF = $1,416 MONUMENT BOX 1 EA © $575.00 /EA = $575 PHASE II - BLAIR COURT- SUBTOTAL $110,929 ll III II II III MI II II II 1616743 Page: 16 of 19 04/22/2005 03:46P Chris C. Munoz PuebloCtyClk&Rec SUBD GR 96.00 D 0.00 ' ` SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WEST LEE HILLS, FILING NO. 1 DEVELOPER: TOP LAND DEVELOPMENT, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. MORGAN COURT PHASE II: STREETS 3" Asphalt over 6" Base Course (Est.) 673 SY @ $19.50 /SY = $13,124 Curb and Gutter(Mod. Ramp) 300 LF @ $10.00 /LF = $3,000 Sidewalk 1500 SF © $2.50 /SF = $3,750 WATER 8" PVC Water Main 117 LF @ $45.00 /LF = $5,265 Service 3 EA © $500.00 /EA = $1,500 Fire Hydrant Ass'y 1 EA @ $3,000.00 /EA = $3,000 SANITARY SEWER: 8" PVC Sewer Main 131 LF @ $30.00 /LF = $3,930 48" Manholes 1 EA © $2,240.00 /EA = $2,240 Services 10 EA © $1,000.00 /EA = $10,000 STREET LIGHT 2 EA © $1,300.00 /EA = $2,600 MONUMENT BOX 1 EA @ $575.00 /EA = $575 PHASE II - MORGAN COURT - SUBTOTAL $48,984 II IR II II III 1111 III I II 1616743 Page: 17 of 19 04/22/2005 03:46P kChris C. Munoz PuebloCtyClk&Rec SUBD AGR 96.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WEST LEE HILLS, FILING NO. 1 DEVELOPER: TOP LAND DEVELOPMENT, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. MISC. IMPROVEMENTS PHASE II: ONSITE Grouted Boulder Drop 1 LS @ $6,500.00 /LS = $6,500 Grading (Park&Open Space) 2500 CY @ $2.00 /CY = $5,000 Rip-Rap (Arroyo) 240 CY @ $50.00 /CY = $12,000 Triple Box Culvert 195 LF @ $270.00 /LF = $52,650 Concrete Wingwalls 60 CY @ $500.00 /CY = $30,000 DETENTION POND #1 10' Concrete Trickle Channel 3000 SF @ $3.00 /SF = $9,000 Outlet Structure 1 EA @ $6,000.00 /EA = $6,000 18" RCP 24 LF @ $40.00 /LF = $960 Rip-Rap Type 'M' 76 CY @ $50.00 /CY = $3,800 Rip-Rap Type 'H' 34 CY @ $50.00 /CY = $1,700 Grading 10500 CY @ $2.00 /CY = $21,000 Revegetation 1 AC @ $12,000.00 /AC = $12,000 PHASE II - MISC. IMPROVEMENTS- SUBTOTAL $160,610 OFFSITE Revegetation/Re-Sodding 0.5 AC @ $12,000.00 /AC = $6,000 Remove Ex. San. Main 3180 LF @ $7.00 /LF = $22,260 21"PVC Main (8'depth) 3,180 LF @ $75.00 /LF = $238,500 Install 60" Dia Manhole 9 EA @ $4,000.00 /EA = $36,000 Remove Ex. Manholes 9 EA @ $1,800.00 /EA = $16,200 Remove&Replace Concrete 200 LF @ $12.50 /LF = $2,500 Flowable Fill 3180 LF @ $40.00 /LF = $127,200 Re-instate Services 34 EA @ $900.00 /EA = $30,600 Asphalt Patching 3180 LF @ $60.00 /LF = $190,800 Maint. of Traffic Thatcher Ave. 1 LS @ $15,000.00 /EA = $15,000 PHASE II - MISC. IMPROVEMENTS- SUBTOTAL $685,060 TOTAL PHASE I: $2,079,094 TOTAL PHASE II: $1,437,694 GRAND TOTAL FOR BOTH PHASES: $3,516,788 ESCROW FOR LEHIGH AVENUE: $43,616 HI 1616?43 04922/2005f03.46P (Chris C. Munoz PuebloCtyClk&Reo SUED AGR 96.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WEST LEE HILLS, FILING NO. 1 DEVELOPER: TOP LAND DEVELOPMENT, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. This is an estimate only. Actual construction costs may vary. PREPARED BY: M. KAHNKE FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC. The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and on the Plans and Specifications meet the requirements of and have been designed in accordance with Chapter 4, title XII of the Pueblo Municipal Code as amended and the current standards and specifications as approved by City Council, (ii) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements and (iii) the unit prices shown hereon are to the most current prices provided by the City of Pueblo. Owilliworrrit QPpO R EGA� ' %..0 K• KOdiecF 99 1NJO / Professional Engineer Date Va% A.5•0S ...$4 -- iikniiiiimittoo REVIEWED BY: II III II II II I IIII 111111 ilus ...ire JIA 1616743 Page: 19 of 19 04/22/2005 03:46P Chris C Munoz PuebloCtyClk&Rec SUED AGR 96.00 D 0.00 Reception 1616744 04/22/2005 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (GENERAL) This Addendum shall be incorporated in and become a part of the fe.,(r ua ru 6" 2 o o 5 Subdivision Improvement Agreement for the West Lee Hills, Filing No. 1 (herein the "Subdivision') and enforceable as provided in said Subdivision Improvements Agreement. 1 #. See Attachment No. 1 (Terms and conditions of Addendum to the Subdivision Improvements Agreement) 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: PUEBLO, A MUNICIPAL CORPORATION Top Land Development, LLC IM Name: (Dark R. J Title: Member Comp ty By: r DPW 102 12/03/98 ATTACHMENT NO. 1 TO SUBDIVISION IMPROVEMENTS AGREEMENT 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 deposit $43,616, 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 Lehigh Avenue west of Lynn Meadows Drive (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 section, 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 Lehigh Avenue. 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. Subdivider shall install as a part of the initial phase of development curb and gutter along Lehigh Avenue, which is adjacent to and continuous with the north boundary of Lot 1 of Block2. At such time as Lehigh Avenue is extended to the west the elevation and grade will be made to match to this curb and gutter in accordance with the construction plans for the subdivision and continued to the Filing No. 1 plat boundary. 2. In the event of a conflict between any provision of the Addendum and any provision of the Annexation Agreement and Exhibit "I", 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 ", 3. 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. 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. 1111111111111111111111111111111111111111111111111111111 1616744 Page: 2 of 2 04/22/2005 03:46P 00 0 0.00 Reception 1616745 04/22/2005 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the re Y, aDu — , Subdivision Improvements Agreement for west Lee Hills, Filing N — o (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 Attorney. 7. The Subdivision Improvements Agreement as amended by this Addendum shall remain in full force and effect and the covenants of this Addendum shall rum 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 j h G 8 Top Land Development, LLC, a Color Subdivider Limited Liability Company DPW 103 1/6/04 I 11111111111111111 Chris C. Munoz Pueb1oCtyC1k&Rec ADD nGRR Is. STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) 1616745 Page: 2 of 3 04/22/2005 Q3:46P 00 D 0.0 By op Land By Deve . ment, LLC, a Colorado Limit Liability Company ��^^ The foregoing instrument was acknowledged before me this a day of 9, Q2:p5 by Jack R. JarQowskv, Member, Top Land - ' Subdivider. Development, LLC, a Colorado Limited Liability Company Witness my hand and official seal. My commission expires: /D 17 O Q�STA o "•,�� Q ] oo 9� FBCO O�PQO My Commission E) ires 10/17/2007 wm-' S. aj*-� Notary Public CITY OF PUEBLO, a Municipal Corporatio By sident of the C until 7 DPW 103 1/6/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 6167 4546P Chris C. Munoz PuebloCtyClk &Rec ADD AGRR 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: Block 1, Lots 1 through 38 Block 2, Lots 1 through 19 Block 3, Lots 1 through 13 Block 6, Lots 1 through 6 (b) Phase II shall consist of the following lots within the Subdivision: Block 4, Lots 1 through 15 Block 5, Lots 1 through 23 DPW 103 1/6/04 Reception 1616746 04/22/2005 ADDENDUM WHEREAS, the undersigned Declarant is the owner of all real property located within West Lee Hills, Filing No. 1 -" WHEREAS, Declarant has or intends to record a declaration or other instrument creating a common interest community pursuant to the Colorado Common Interest Ownership Act for the real property within the Special Area Plan (the "Declaration "), and WHEREAS, the Declaration is entitled " maintenance of islands at Lynn Meadows Drive ',,and WHEREAS, the Declaration provides that an associates or unit owners' association is or shall be organized under Section 38- 33.3 -301, C.R.S. (the "Association "), and WHEREAS, the City of Pueblo requires as a condition of the approval of the Special Area Plan that the Declarant clarify the duties and obligations of the unit owners and the Association with respect to public improvement and/or common area improvements within the Special Area Plan, the maintenance, repair and replacement of which the City will not undertake or be responsible for. NOW, THEREFORE, in consideration of the foregoing and City of Pueblo's approval of the Special Area Plan, Declarant hereby amends the Declaration by the addition of the following covenant which shall be incorporated in the Declaration and made a part thereof- Association shall be responsible for the maintenance, repair, and replacement of all drainage structures or facilities, and all other public improvements required by the City of Pueblo as a condition of the approval and development of the Special Area Plan or any part thereof ( "Public Improvements') as well as all common area and common area improvements shown on the plat of the Special Area Plan or any part thereof or described in the Declaration ("Common Area Improvements "), except those Public Improvements which have been dedicated to and accepted in writing by the City of Pueblo for the purpose of maintenance, repair, or replacement. If the Public Improvements and/or Common Area Improvements are not properly maintained, repaired, or replaced by the Association, the City of Pueblo may, but shall have no obligation to (a) institute legal proceedings in its name against the Association and/or owners of real property within the Special Area Plan in the Pueblo County District Court to specifically require the Association and/or owners of real property within the Special Area Plan to maintain, repair, or replace the Public Improvements and/or Common Area Improvements and to impose and collect assessments and fees therefor in accordance with the provisions of the Declaration and the Colorado Common Interest Ownership Act; and for such purpose, the Association and all DPW 112 02/06/02 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Pa ge: 61674646P Chris C. Munoz PuebIoCtyCIk &Reo RDDEN R 11.00 D 0.00 owners of real property within the Special Area Plan consent to the jurisdiction of that Court and the right and standing of the City of Pueblo to institute and proceed with such legal proceedings, or (b) perform such maintenance, repair, or replacement as the City of Pueblo in its sole discretion may determine and impose a lien for all costs thereof incurred by the City of Pueblo plus an administrative fee of fifteen percent (15 %) upon all the real property located within the Special Area Plan. City's lien shall have the same priority and may be collected in the same manner as a lien for assessments pursuant to Section 38- 33.3 -316, C.R.S., or as same may be amended. Failure of the City of Pueblo to enforce this covenant shall not subject the City of Pueblo to any liability for such failure. In the event any action is instituted to enforce this covenant, the Court shall award the prevailing party its cost and expenses, including reasonable attorney's fees. This Addendum shall be recorded contemporaneously with the recording of the Special Area Plan and Declaration and shall be and be construed to be a covenant runnin with the land within the Special Area Plan and binding upon Declarant and the owners of the land within the Special Area Plan, and their respective heirs, personal representatives, successors, and assigns. Executed the day of lea DECLARANT Top Land Development, LLC R ._,T Name: Jack Rl Jargowsky, Title: Member STATE OF LOIOt'adD ) COUNTY OF Ueo l b ss. ) The foregoing instrument was acknowledged before me this day of ���' ?00, , by Jack R. Jar$owskv as Member of Top Land Development, LLC , a Colorado Limited Liability Company URO Witness my hand and official seal. Qom: �TA�q' : f l'�'9 Commission Expires: I O) l� 1 0'1 �G ; O� Notary Public OF 112 My CffaMion E)0iWW1'M W7 Reception 1616747 04/22/2005 ADDENDUM TO SUBDIVISION E%1PROVEMENTS AGREEMENT (PER LOT FEE) This Addendum shall be incorporated in and become apart of the j P f� kG r+ e, , , ( da te ) ' 20 Subdivision Improvements Agreement for the West Lee Hills, Fil ing No. 1 (name of su vision (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. 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 $ 2,200 shall be deposited (the "Deposit ") with the Director of Finance for the future completion of Bandera Corridor Improvements Project ( "Improvement"). 2. The Deposit shall be held in an interest - bearing account identified as the ("Account"). The Deposit and interest thereon shall be expended solely for the completion of the Improvement 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 was 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 payment. 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. 3. 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 re OZ05 . To Land Development, LLC a olorado Limited Liability CompaW Subdivider By Jack R. Jar owsk , Title: Member DPW 125 8/14/02 STATE OF COLORADO COUNTY OF PUEBLO �QQ : 0TA N . 9 O` ss. 0/;!* & P Oy Commission Expires 10/1712007 The foregoing instrument was acknowledged before me this _ day of �f2� by Jack R. Jargowsky as Member of Top Land Development, LLC, a Colorado Limited Liability Company aSubdivider. My commission expires: 1()-I Notary Public CITY OF PUEBLO, a Municipal corporation By Prir sUdent of Ne Ci Council IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 616747 0 46P Chris C. Munoz PuehloCtyClk &Rec ADD AGRR 11.00 D 0.00 DPW 125 8/14/02 Reception 1616748 04/22/2005 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 7th day of February 2005 b The Proctor Family , Grantor, to PUEBLO, a Municipal Corporation, Grantee: Partnership No.2, LLLP 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 Sanitary Sewer Trunk Line 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 7th day of February , 2005 GRANTOR By: (�i — 1 1 /� C. T. Proctor Gen COUNTY OF PUEBLO ) General Partner ) SS. The Proctor Family Partnership No. 2, LLLP STATE OF COLORADO) / for going instrumen y w /, � as acknowled� befo�eme thi t / day of Witness my hand and official seal. My commission expires: (SE L) CRYSTAL L. TROUT NOTARY PUBLIC Notary blic DP 111 STATE OF COLORADO 02/0 My Commission Expires 05/13/2008