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HomeMy WebLinkAbout07169Reception 1661969 02/15/2006 ORDINANCE NO. 7169 AN ORDINANCE APPROVING THE PLAT OF YMCA COMMUNITY CAMPUS SUBDIVISION, FILING NO. 1 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of YMCA Community Campus, Filing No. 1, being a subdivision of land legally described as: A portion of the E '/z of the SW ' / 4 and the SE ' / 4 of Section 15, Township 20 South, Range 65 West of the 6 th P.M. in the County of Pueblo, State of Colorado and being more particularly described as follows: Considering the South Line of the West'' /2 of the Southwest' /4 of Section 15, Township 20 South, Range 65 West of the 6 th P.M. to bear N. 88 0 42'57" E., and all bearings contained herein being relative thereto. Beginning at the Northeast corner of Parcel A in Rearrangement of Property Boundaries, filed for record March 11,2004 in the Pueblo County Records, said point also being on the East -West centerline of said Section 15; thence N 88 0 43'53" E., along said East -West centerline, a distance of 1301.35 feet; thence N. 88 0 40'59" E., continuing along said East -West centerline, a distance of 1662.82 feet to a point on the Westerly right -of -way line of the Atchison Topeka and Santa Fe (A.T. & S.F.) Railway Company, as presently located, as described in deeds recorded in Book 206 at Page 166 and in Book 246 at Page 614 of the Pueblo County records; thence along said Westerly right -of -way line the following two (2) courses: 1. S. 10 0 06'14" W., a distance 228.13 feet; 2. along the arc of a curve to the left whose radius is 4406.10 feet, a distance of 1087.05 feet; thence S. 04 0 01'54" E., a distance of 245.83 feet; thence along the arc of a curve to the right whose radius is 995.00 feet, a distance of 564.40 feet; thence S. 28 0 28' 06" W., a distance of 102.80 feet; thence along the arc of a curve to the left whose radius is 895.00 feet, a distance of 320.25 feet; thence S. 07 0 58'00" W., a distance of 72.50 feet; thence along the arc of a curve to the right whose radius is 995.00 feet and whose center bears S., 10 0 50'49" W., a distance of 239.19 feet to a point on the South line of said Section 15; thence S. 88 °42'45" W., along said South line of Section 15, a distance of 1454.96 feet; thence S. 88 °44'03" W., continuing along said South line of Section 15, a distance of 731.84 feet to a point of the Easterly right -of -way line of Spaulding Avenue in Park West Business Campus, Filing No. 2, according to the recorded plat thereof , filed for record March 11, 2004; thence along said Easterly right -of -way line of Spaulding Avenue the following four (4) courses: 1. N. 39 0 55'52" W., a distance of 440.54 feet; 2. along the arc of a curve to the right whose radius is 450.00 feet, a distance of 300.10 feet; 3. N. 01 W., a distance of 1125.14 feet; 4. along the arc of a curve to the left whose radius is 550.00 feet, a distance of 484.56 feet to a point on the Southeast corner of said Parcel A in Rearrangement of Property Boundaries; thence N. 01 0 43'18" W., along the East line of said Parcel A, a distance of 460.46 feet to the Point of Beginning, containing 157.367 Acres more or less, is hereby approved, and all dedicated streets, utility and drainage easements, rights -of- way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The acceptance of such dedicated streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. The following modifications to the subdivision regulations are hereby approved: a). Proposed 29 Street between proposed Tuxedo Boulevard and Spaulding Avenue exceeds 1320 feet. b). Proposed 29 Street east of the proposed round -about has a horizontal curve with a radius of 730' and will not be super elevated. c). The prudent line as shown on the plat is approximate in nature. This line will be modified upon channel improvements being designed and the 100 -year floodplain being re- evaluated. SECTION 4. The ordinance is approved upon the following conditions: (a). Applicant will escrow, with the City of Pueblo, an amount equal to the cost of constructing a 6 -foot wide sidewalk to City of Pueblo standards from the southern property line of the herein described land, along Spaulding, to the intersection with the existing 45 -foot utility easement on Parkview Medical Center property. Should the City of Pueblo be unsuccessful in securing matching funds for constructing the combination sidewalk/trail segment within two years after recording the subdivision plat, then the City will make the escrowed funds available to the YMCA for required sidewalk construction along Spaulding. (b). Subdivider will furnish a 20 -foot easement within the existing 45 -foot Parkview utility easement, via a separate easement agreement, that continues north from the intersection of the western property boundary of the herein described land and the existing Parkview Medical Center utility easement to the northern boundary of the herein described land. The 20 -foot easement will follow the northern boundary of the herein described land until it joins the flowline of the Wild Horse Creek Arroyo. The portion of the easement parallel to the northern boundary of the herein described land is to be provided in a combination of separate easement agreement between the Subdivider and the Parkview Medical Center and easement dedicated by the Subdivider. Escrow funds for this combination sidewalk/trail shall be provided to the City of Pueblo by Subdivider as provided in the Subdivision Improvements Agreement. Off site easements for the combination sidewalk/trail shall be provided to and proved by the City of Pueblo prior to recordation of the subdivision plat. SECTION 5. 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 6. 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, (b) the conditions set forth in Section 4 hereof have been met and complied with, and (c) 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. v J . ky ot >�D IIIIIIIII IIII IIIIII VIII VIII IIIIII III 1661 969 Chris C. Munoz PuebloCtyClk &Rec ORD R 26.00 0 0.00 INTRODUCED: June 28, 2004 by: Michael Occhiato COUNCILPERSON APPROVED: PRES150INT OF CITY COUNCIL PASSED AND APPROVED: July 12, 2004 Background Paper for Proposed ORDINANCE b # �i�9 AGENDA ITEM # 21 DATE: JUNE 28, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JAMES MUNCH LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP TITLE AN ORDINANCE APPROVING THE PLAT OF YMCA COMMUNITY CAMPUS, FILING NO. 1 ISSUE Shall City Council approve a request to subdivide this property for the YMCA community campus and golf course? RECOMMENDATION The Planning Commission voted unanimously (7 -0) to recommend approval of the applicant's requested modification to the subdivision regulation and to recommend approval with the following conditions: (a). Applicant will escrow, with the City of Pueblo, an amount equal to the cost of constructing a 6 -foot wide sidewalk to City of Pueblo standards from the southern property line of the herein described land, along Spaulding Avenue, to the intersection with the existing 45 -foot utility easement on Parkview Medical Center property. Should the City of Pueblo be unsuccessful in securing matching funds for constructing the combination sidewalk/trail segment within two years after recording the subdivision plat, then the City will make the escrowed funds available to the YMCA for required sidewalk construction along Spaulding Avenue. (b). Subdivider will furnish a 20 -foot easement within the existing 45 -foot Parkview utility easement, via a separate easement agreement, that continues north from the intersection of the western property boundary of the herein described land and the existing Parkview Medical Center utility easement to the northern boundary of the herein described land. The 20 -foot easement will follow the northern boundary of the herein described land until it joins the flowline of the Wild Horse Creek Arroyo. The portion of the easement parallel to the northern boundary of the herein described land is to be provided in a combination of separate easement agreement between the Subdivider and the Parkview Medical Center and easement dedicated by the Subdivider. Escrow funds for this combination sidewalk/trail shall be provided to the City of Pueblo by Subdivider as provided in the Subdivision Improvements Agreement. Off site easements for the combination sidewalk/trail shall be provided to and proved by the City of Pueblo prior to recordation of the subdivision plat. BACKGROUND The applicant wants to subdivide a parcel into one 157 acre lot for a campus and recreational facilities as part of Phase I of the approved Master Plan. The applicant is requesting the following modifications to the subdivision regulations which are supported by the Pueblo Department of Public Works: a). Proposed 29 Street between proposed Tuxedo Boulevard and Spaulding Avenue exceeds 1320 feet. b). Proposed 29 Street east of the proposed round -about has a horizontal curve with a radius of 730' and will not be super elevated. c). The prudent line as shown on the plat is approximate in nature. This line will be modified upon channel improvements being designed and the 100 -year floodplain being re- evaluated. This application is being submitted concurrently with the rezoning request Z- 04 -08, 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 April 28, 2004 as confirmed in the memo from Joe Martellaro dated June 1, 2004 and is in compliance with the conditions of approval made by the Planning and Zoning Commission on May 12, 2004. FINANCIAL IMPACT None Reception 1661971 02/15/2006 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on \. )Ml.ltl ► 4 I --� , , between the CITY OF PUEBLO, a Municipal Corporation ("'City") and Young Men's Christian Association of Pueblo, Colorado, a Colorado ( "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 YMCA Community Campus, Filing No.l ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the Pueblo Municipal Code; and WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ( "Required Public Improvements "); and WHEREAS, the Required Public Improvements are generally described in the attached Exhibit `B" and 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, DPW 101 01 /01 /06(Revised 01/11/06) IIIIII VIII IIIIII IIIIII III IIIIII IIIIII III it II IIII IIII 166 19700.14P Chris C. Munoz Pueb1OCtyC1k4Reo SUBD AGR 51.00 0 0.00 or with any bank or trust company licensed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit ". 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 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. DPwl01 01 /01 /06(RevisedOl /11/06) I III II II I VIII I IIII II IIIIII I III III VIII I IIII 1661971 of 10 Chris C. Munoz PuebloCtyClk &Rec SUBD AGR 51.00 D 0.00 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title XIl of the Pueblo Municipal Code, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought, have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and the restriction on the issuance of building permits contained in Paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors, and assigns of the Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks, and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights -of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to compete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the DPWI01 01 /01 /06(RevisedOl /11/06) II IIII IIII I II II II II II II (I II 1661971 of 0 P Chris C. Munoz Pueb1aCtyC1k4Rec SUED PGR 51.00 D 0.00 Required Public Improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible for all Required Public Improvements. 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots and shall include the full width of all streets upon which such lots abut. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage facilities, stormwater detention facilities, or maintenance and restoration of adjacent drainage channels, and /or associated improvements and revegetation (the "facilities "), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefore approved by, and on file with the City, and thereafter, the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right (but not the obligation) to inspect, control, repair, replace and maintain the facilities and to recover all costs and expenses therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain, or replace the facilities shall not subject the City to any liability for such failure. 12. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear, the holder of such indebtedness or encumbrance shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions. 13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation arising out of this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. Venue for any such litigation shall be Pueblo County, Colorado. DPW 101 4 01 /01/06(Revised0l /11 /06) Page: 5 of Ch Munoz IIIIII IIIIII III Illlll III VIII IIII IIII a 166 01 14a ec 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 describe 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 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 ten (10) years from the date hereof, or within a five year extension if granted in writing by the Director of Public Works, then 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, unless adherence to a more recent standard does not require significant engineering modifications or major revisions to the plans and documents. For the purposes of this subsection, a major revision is defined as, but not necessarily limited to the relocation or re- alignment of any curb and gutter, sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or type of sewer mains, inlets, curb and gutter or sidewalk. (b) If the Required Public Improvements are constructed and installed after ten (10) years from the date hereof, or after a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Coucil 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 Improvements, they shall control as so modified and amended. 15. Except for guarantee and obligation to correct defects required by Section 12-4 - 70)(9) 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 accepted by the Director of Public Works of the Required Public Improvements described in attached Exhibit `B ", provided, however that the obligation of the DPW 101 01 /01 /06(Revised0l /11/06) VIII VIII IIIIII IIIIII III IIIIII IIIIII II VIII IIII III 1 1 0: 14P Chris C. Munoz PuebloCtyCl k &Rec SUED RGR 51.00 D 0.00 Developer to construct or install any Omitted Public Improvements will cease following two (2) years from the date of acceptance of the Required Public Improvements described in the attached Exhibit `B" by the Director of Public Works. 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 &nd acting officer. 'OTqR� � Young Men's Christian Association of Pueblo, . Colorado, a Colorado Non - Profit Corporation Subdivide o By: vBL� . P o OF COt- B rry Lockwood, President MyCommisslon E; s R7/ V Ing instrument was acknowledged before me on Q.Y) (,(a_ f(4 a o e . ((p E by Terry Lockwood, President of the Young Men's Ch stian ,Subdivider. Association of Pueblo, Colorado, a Colorado Non - Profit Corporation My commission 0 City STATE OF COLORADO COUNTY OF PUEBLO Notary Public CITY OF PUEBLO, a Municipal Co oration 3 � By: p :�.�..�„� Q. ,��° President of City Council ss. DPW 101 01 /01 /06(RevisedOl /11/06) IIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIII III III VIIIIII llll 0266 0970 14P Chris C. Munoz Pueb1OCtyC1k$Rec SUED RGR 51.00 D 0.00 The foregoing instrument was acknowledged before me this day of February , 2006 by Michael A. Occhiato as President of City Council, and Gina Outrhar as City Clerk of the City of Pueblo, Colorado. my hand and official seal. v1Y ssion expires: 5 -21 -2007 fr II & I tI Notary Public AS TO FORM: `. City Attorn DPW 101 01 /01 /06(RevisedOl /11/06) III III III I II I IIIIII I III (II II I III a 6619 :14P Chris C. Munoz Puehl OCtyC1k8&Rsc SUBD PGR 51.00 D 0.00 EXHIBIT A LAND DESCRIPTION A portion of the E 1 /2 of the SW 1 /4 and the SE 1 /4 of Section 15, Township 20 South, Range 65 West of the 6 th P.M. in the County of Pueblo, State of Colorado and being more particularly described as follows: Considering the South Line of the West 1 /2 of the Southwest t/4 of Section 15, Township 20 South, Range 65 West of the 6 th P.M. to bear N. 88 0 42'57" E., and all bearings contained herein being relative thereto. Beginning at the Northeast corner of Parcel A in Rearrangement of Property Boundaries, filed for record March 11,2004 in the Pueblo County Records, said point also being on the East -West centerline of said Section 15; thence N 88 0 43'53" E., along said East - West centerline, a distance of 1301.35 feet; thence N. 88 0 40'59" E., continuing along said East -West centerline, a distance of 1662.82 feet to a point on the Westerly right - of -way line of the Atchison Topeka and Santa Fe (A.T. & S.F.) Railway Company, as presently located, as described in deeds recorded in Book 206 at Page 166 and in Book 246 at Page 614 of the Pueblo County records; thence along said Westerly right -of -way line the following two (2) courses: 1. S. 10 0 06'14" W., a distance 228.13 feet; 2. along the arc of a curve to the left whose radius is 4406.10 feet, a distance of 1087.05 feet; thence S. 04 0 01'54" E., a distance of 245.83 feet; thence along the arc of a curve to the right whose radius is 995.00 feet, a distance of 564.40 feet; thence S. 28 0 28' 06" W., a distance of 102.80 feet; thence along the arc of a curve to the left whose radius is 895.00 feet, a distance of 320.25 feet; thence S. 07 0 58'00" W., a distance of 72.50 feet; thence along the arc of a curve to the right whose radius is 995.00 feet and whose center bears S., 10 0 50'49" W., a distance of 239.19 feet to a point on the South line of said Section 15; thence S. 88 0 4245" W., along said South line of Section 15, a distance of 1454.96 feet; thence S. 88 0 44'03" W., continuing along said South line of Section 15, a distance of 731.84 feet to a point of the Easterly right -of -way line of Spaulding Avenue in Park West Business Campus, Filing No. 2, according to the recorded plat thereof , filed for record March 11, 2004; thence along said Easterly right -of -way line of Spaulding Avenue the following four (4) courses: 1. N. 39 0 5552" W., a distance of 440.54 feet; 2. along the arc of a curve to the right whose radius is 450.00 feet, a distance of 300.10 feet; III IIII VIII III II IIII III (IIII III III Page: 0970 14P Chris C. Munoz PuebloCtyClk &Rec SUBD PGR 51.00 D 0.00 3. N. 01 0 43'18" W., a distance of 1125.14 feet; 4. along the arc of a curve to the left whose radius is 550.00 feet, a distance of 484.56 feet to a point on the Southeast corner of said Parcel A in Rearrangement of Property Boundaries; thence N. 01 W., along the East line of said Parcel A, a distance of 460.46 feet to the Point of Beginning. Containing 157.367 Acres more or less Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, Colorado 81003 June 1, 2004 IN 01 063 00 EXHIBIT B SUBDIVISION NAME: DEVELOPER: ENGINEER: DATE: TUXEDO BLVD. A. STREETS 1) PAVEMENT a.) Pavement (5 1 /2 "Asphalt/11" Bas 5) MONUMENT BOXES a.) Monument Boxes 8) STRIPING a.) 4" CENTER SKIP STRIPE b.) 4" SOLID EDGE STRIPE B. DRAINAGE 1) STORM SEWER a.) 30" RCP 60" RCP YMCA Community Campus, Filing No. 1 Young Men's Christian Association of Pueblo, Colorado NORTHSTAR ENGINEERING AND SURVEYING, INC. 12/15/2005 19155 SY @ $22.50 /SY $594.00 /EA $3.00 /LF $3.00 /LF $62.00 /LF $91.00 /LF $5.00 /Cy $52.00 /CY _ $430,988 _ $3,564 _ $9,240 _ $36,942 6 EA @ 3080 LF @ 12,314 LF @ 48 LF @ 96 LF @ 2) CHANNEL a.) Roadside Swales 2477 CY @ 4) RIP RAP INCLUDING FILTER FABRIC a.) 6'x 12'x 36" Rip Rap Pads 8 CY @ 5.) CONSTRUCTION AND POST CONSTRUCTION BMP'S a.) Silt Fence 100 LF @ b.) Check Dams 52 EA @ c.)Vehicle Traking Control 1 EA @ _ $2,976 _ $8,736 $12,385 _ $416 $3.00 /LF = $300 $200.00 /LF = $10,400 $750.00 /EA = $750 SUBTOTAL $516,697 This is an estimate only. Actual construction costs may vary. PREPARED BY: S. SLATE FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC The undersigned hereby certifies that (1) the Required Public Improvements shown hereon and the Plans and Specifications therefore constitute all of the public Improvements required to be installed and constructed for the Subdivision by Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council, (ii) the quantities of construction elements shown hereon jurately depicts the quantities necessary to construct the Required Public Improv I (Ijfye unit prices shown hereon are the most current unit prices provided by the CIW Si',. 7(, o. a ry m� N r. � omm ' " r mNm r^ N O LO W W rn� H a m m m N rc a 0 m N U N K x U T U 0 n m J n N O C J S V Reception 1661972 02/15/2006 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (GENERAL) This Addendum shall be incorporated in and become a part of the ` i� 4 A R c /,. _ 20 C6 Subdivision Improvement Agreement for the YMCA Community ' Campus, 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 Young Men's Christian Association of Pueblo, Colorado B a Colora o Non- 't Cor oration By: c Name: Ter Lockwood Title: P resident / C.E.O. DPW 102 12/03/98 VIIIII II IIII VIII I IIII IIII IIII II III 6 66 20 6 0? 14P Chris C. Munoz PuebloCtyC1k4Rec ADD AGAR 71.00 0 0.00 ATTACHMENT No. 1 1. Design of off -site improvements outlined in the Amended Annexation Agreement, filed for record October 14, 2005 in the Pueblo County Records at Reception No. 1643624, shall be completed within 180 days of issuance of the first Certificate of Occupancy within the YMCA Community Campus, Filing No. 1. (See recorded Amended Annexation Agreement attached hereto.) 2. All subdivision improvements shall be constructed in accordance with the Amended Annexation Agreement, filed for record October 14, 2005 in the Pueblo County Records at Reception No. 1643624. (See recorded Amended Annexation Agreement attached hereto.)