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HomeMy WebLinkAbout07330Reception 1647777 11/10/2005 ORDINANCE NO. 7330 AN ORDINANCE APPROVING THE PLAT OF PUEBLO DEL SOL SUBDIVISION AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Pueblo Del Sol Amended, being a subdivision of land legally described as: All of that tract of land, conveyed by deed, recorded in Book 2718 at Page 405 of the Pueblo County records and being more particularly described at follows: A tract of land in the W '/z of Section 16 and the SE ' / 4 of Section 17, all in Township 21 South, Range 65 West of the 6 th P.M., more particularly described as follows: Beginning at the W ' / 4 corner of said Section 16; thence N 89 ° -33' E along the E -W centerline of said Section 16, 880 feet to the TRUE Point of Beginning; thence N. 0 E. 1360 feet, more or less, to the southerly right -of -way line of Colorado State Highway No. 78 as presently located; thence S. 52'-06'W (deed) along the Southerly right -of- way line of the Colorado State Highway No. 78, to the north corner of Watson Addition No. 1, according to the recorded plat thereof, filed for record October 12, 1983; thence southerly along the boundary of said Watson Addition No.1, the following 3 courses: 1) along the arc of a curve to the right whose center bears S 52 °- 58' -21" W and whose radius is 450 feet, a distance of 294.09 feet; 2) S° -25' W a distance of 175.40 feet; 3) S 52°- 58' -21" W a distance of 126.5 feet, more or less, to a point 520 feet east of the west line of said Section 16; thence S 0 and parallel to the west line of the said Section 16, a distance of 1447 feet; thence N 89 ° -35' W a distance of 210 feet; thence S 45 a distance of 540 feet; thence S 22 a distance of 440 feet; thence S 44 14' -30" E a distance of 259.50 feet to a point; Thence S 45 45' -30" W a distance of 670.24 feet; thence S 0 W a distance of 290.65 feet, more or less, to a point which is 40 feet normally distant north of the south line of the said Section 17; thence easterly, parallel to and 40 feet north of the said south line of Section 17, to its intersection with the boundary of El Camino Subdivision Fourth Filing, according to the recorded plat thereof; thence N 45 45'30" E and along the boundary of El Camino Subdivision Fourth Filing, a distance of 675.30 feet, to a corner of a parcel of property recorded in Book 2191 at Page 342, Instrument No.740190; thence along the boundary of said parcel, the following 3 courses: 1) N 33 03' -55" W, a distance of 123.79 feet; 2) N 55 °- 59' -47" E, a distance of 189.16 feet; 3) S 16 °- 48' -13" E, a distance of 98.95 feet; Thence N. 45 45' -30" E and along the boundary of said El Camino Subdivision Fourth Filing, a distance of 419.34 feet; thence N 0 E, and along the boundary of El Camino Subdivision Second Filing, according to the recorded plat thereof, and that line extended, a distance of 1745 feet, more or less, to the TRUE Point of Beginning. AND All of that parcel of land, conveyed by deed, recorded in Book 2191 at Page 342 of the Pueblo County records and being more particularly described as follows: A parcel of land in the SW '/< of the SW '/< of Section 16, Township 21 South, Range 65 West of the 6 P.M., lying North of and immediately adjacent to the North boundary line of El Camino Subdivision, Fourth Filing, according to the recorded plat thereof, filed for record July 18, 1977, and being more particularly described as follows: Beginning at the Northeast corner of Lot 18, Block 11 in said El Camino Subdivision, Fourth Filing; thence N. 45 45' -30" E., along the said North boundary line of El Camino Subdivision, Fourth Filing, a distance of 22.54 feet; thence N. 16 48' -13" W., a distance of 98.95 feet; thence S. 55 °- 59' -47" W., a distance of 189.16 feet; thence S. 33 °- 03' -55" E., a distance of 123.79 feet to the said North boundary line of El Camino Subdivision, Fourth Filing; thence N.45e45-30" E., along said North boundary line, a distance of 142.01 feet to the Point of Beginning. County of Pueblo, State of Colorado Containing 50.433 acres, total. 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. Chris C. Munoz Pueb1OCtyC1k &Reo 0RD R 21.00 D 0.00 Neither the adoption of this ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this ordinance or in the City's subdivision ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. SECTION 4. This ordinance shall be approved upon final passage but shall not become effective until (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the Pueblo Municipal Code 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. N t vaa� o INTRODUCED: June 13, 2005 4 y BY: Michael Occhiato OUNCILPERS N APPROVED: SID N F CITY CIL ATT�'• Y CLERK PASSED AND APPROVED: June 27, 2005 DATE: JUNE 13, 2005 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP TITLE AN ORDINANCE APPROVING THE PLAT OF PUEBLO DEL SOL SUBDIVISION AMENDED ISSUE Shall City Council approve a request to approve the corrections to the plat of Pueblo Del Sol Subdivision Amended? RECOMMENDATION Approve this ordinance. BACKGROUND Pueblo Del Sol Subdivision is generally located on the south side of Pueblo at the southeast corner of Colorado State Highway 78 and Bandera Parkway. The project is submitted for City Council approval to revise the Bandera Boulevard corridor to allow for medians in the street, to revise various easements, and minor revisions to lot lines. Research indicated that this plat was approved by Ordinance No. 6199 on May 12, 1997 by City Council. Public Works staff confirmed that the applicant has complied with all items listed in the Subdivision Review Committee memo dated May 31, 2005. FINANCIAL IMPACT ►IL[ml - Reception 1647779 11/10/2005 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT is made on Vg%(LwAn. x, 1 , 2004 , between the CITY OF PUEBLO, a Municipal Corporation ( "City"), an Pueblo Del Sol, LLC, a Colorado Limited Liability Company ( "Subdivider "). RECITALS WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit "A"; and WHEREAS, the Subdivider, as a condition of approval of the final plat of Pueblo Del Sol, AmeedeA ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the 1971 Code of Ordinances; and WHEREAS, Subdivider is required by Section 12 -4 -7 (J) of the 1971 Code of Ordinances of the City to construct and install certain public improvements generally described in attached Exhibit `B" and shown on approved construction plans and documents on file at the office of the City's Director of Public Works ( "Required Public Improvements "); and WHEREAS, by Chapter 4, Title XII of the 1971 Code of Ordinances, Subdivider is obligated to provide security or collateral sufficient in the judgement of the City Council to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and Subdivider agree as follows: Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit ". The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the costs of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for 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. 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 12- 4 -7(J) of the 1971 Code of Ordinances, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building DPW 101 10 z i9a � 11� 111 11111111 1 III 11111 I III Page: e? 99 27R Chris C. Munoz Pueb1OCtyC1k &Rec SUBD AGR 151.00 D 0.00 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. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks, and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights -of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to compete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible for all Required Public Improvements. 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots and shall include the full width of all streets upon which such lots abut. IIIII IIIII III II IIII IIII l Y ll1111111III II II IIII III 0 64 0 927A Chris C. Munoz DPW 101 10/21/98 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 shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions. 13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation concerning this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. 14. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. 15. The covenants, provisions and agreements of this Modified Subdivision Improvements Agreement shall supercede the conflicting provisions of the Subdivision Improvements Agreement and Addendum thereto dated 6 , 39 1993between the City and Subdivider recorded in the records of the Pueblo County Clerk and Recorder as Instruments No. 1 z z 6 'y1. . In the event of any conflict between the provisions of this Modified Subdivision Improvements Agreement and the above described Subdivision Improvements Agreement, the provisions of this Modified Subdivision Improvements Agreement shall control. 16. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as described above. 1647779 Page: 4 of 30 DPW 101 / I IIII VIII u llll I I Illl C lllll kg ull Il U lllll I II illl 0 11/10/2005 00009 :27A �,OTAp --0-- A OB0 0 . The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. Pueblo Del Sol, LLC, a Colorado Limited Liability Company Subdivider (SEAL) By: By: e L K. ajor, anag The foregoing instrument was acknowledged before me on -, -1 0 �} by Ken L. Major, Ma nager of P ueblo Del S ol, LLC, Subdivider. a Colorado Limited Liability Company ommissionexpires: ,l1a�- z..oa Ll tAswet - 1-40t�p �v,� C- ©wnd .0o Notary Public O & oo 1 My Commis°' r-.. - M 1 0117q 140 x ss. L The for going instrument was acknowledged be re thi day of N 20OS. by RQl eh , as President of City Council, and _ i 1 fy . as Cky Cl rk of the City of Pueblo, Colorado. M. B ess my hand and official seal. 1hyvo ission expires: • Cp_ 1Y_I C' k01�11 ty�°eo0 Notary Public AS TO FORM: City Atto e I IIIIII VIII IIIIII IIII VIII VIII iilllll III VIII IIII IIII Page: 0of 3 0 Chris C. Munoz Pueb1ottyC1kSReo SUBD RGR 151.00 D 0.00 DPW 101 10/21/98 COUNTY OF PUEBLO Reception 1647780 11/10/2005 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the February 17, Subdivision Improvements Agreement for Pueblo Del Sol, Amended (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 run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and Subdivider and their respective heirs, personal representatives, successors, and assigns. Executed at Pueblo, Colorado, as of S St 2 2 n J 2 Dos —�` Pueblo Del Sol, LLC a Colorado Limited Liability Company Subdivider DPWI03 1/6/04 Reception 2012477 08/06/2015 11:37:57 AM SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on ju"c- IC zrjr , between the CITY OF PUEBLO, a Municipal Corporation ("City"), and Fellowship of the Rockies, Inc., a Colorado Non -Profit Corporation ("Subdivider"). RECITALS WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit "A"; and WHEREAS, the Subdivider, as a condition of approval of the final plat of Pueblo Del Sol, Amended ("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: 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. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an DPW 101 Dec. 2007 2012477 SUB AG 08/06/2015 11:37:57 AM Page: 2 of 26 R 136.00 D 0.00 T 136.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III 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. DPW 101 2 May 2009 2012 7 B 11:37:57 AM Pane473 ofu2gAGR0136.00 D5O.00 T 136.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co iii dPi, 6 l,1R1 1ti11 ti111/INLIfirl1 n1ktii) �� 1111 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. 7. As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought, have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and the restriction on the issuance of building permits contained in Paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors, and assigns of the Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks, and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights-of-way are the sole responsibility of the Subdivider or any subsequent owner(s)of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1)year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time,the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to compete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block,the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public DPW tot 3 May 2009 2012 7 B AG 15 7:57 AM Page474 ofU2g R0836.0000 0.003T 136.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III IFEJNITN I 1 11'r1 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. 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 DPW 101 4 May 2009 2012477 SUB AG 08/06/2015 11:37:57 AM Page: 5 of 2fi R 136.00 D 0.00 T 136.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co MI'gild NVI VAIN:I �w 11i� rRi gel 14 4, 11111 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- 7(j)(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 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. DPW 101 5 May 2009 2012477 SUB AG 08/06/2015 11:37:57 AM Page: 6 of 2g R 136.00 D 0.00 T 136.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co IIIFiglEillENAMIWIVI 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. Fellowship of the Rockies,Inc.,a Colorado Non-Profit Corporation KERI KARLENE KOCK Subd' r NOTARY PUBLIC /� �J� (SE L) STATE OF COLORADO 663 MY COM COMMISSIONEXPIRESO07 17 By. By:Thomas A.Atkinson,Administrative Pastor The foregoing instrument was acknowledged before me on Tuwt /`—r� a o S , by --Thormn.) 4 A?'K ./so. / , Subdivider. My commission expires: 7/Z 9//7 4 �r'� On f9 n o Notary Public cITY ' - : O, a Mu cipal CorporationIF 4,//,47 � -silent of City Council AT ST: ' ►,. ...�. ._, � /e City`lerk STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) /� The a foregoing instrument was acknowledged before me this day of Q.U.¢ , 0 015' by ..Ski-2. . (\O-(AJtV C�'-J , as President o City Council, and .J as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. DPW 101 6 May 2009 20112477 SUB 2�AGR0136. 00015011.0031 A Gilbert Ortofiz Clerk/Recorder, Pueblo County, Co e1111 ElFdii nIi‘pr4y', '���ti�4'4L��J�J��f'��L'�rl�'�,�ti'h 111111 / a• aa . 111 My enmmiccinn expirec• CINDY J. I A04tatit_t_ NOTARY PUBLIC STATE OF COLORADO [ SEAL PJOTARY ID 19934019940 Nota Public !W COMMON EXPIRES moan 20.=011 APPROVED AS TO FORM: c7/21/1,4-e-4 , City Attorney DPW 101 7 May 2009 2012477 SUB AG 08/06/2015 11:37:57 AM Page: 8 of 2� R 136.00 D 0.00 T 136.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III�1��N'�:INV�I r�itt MPJ k+'JI��1 �00.tilkii MI II EXHIBIT A LAND DESCRIPTION FOR PUEBLO DEL SOL, AMENDED All of that tract of land, conveyed by deed, recorded in Book 2718 at Page 405 of the Pueblo County records and being more particularly described as follows: A tract of land in the W 1/2 of Section 16 and the SE 1/4 of Section 17, all in Township 21 South, Range 65 West of the 6th P.M., more particularly described as follows: Beginning at the W 1/4 corner of said Section 16; thence N 89°-33' E along the E-W centerline of said Section 16, 880 feet to the TRUE Point of Beginning; thence N. 0°-25' E. 1360 feet, more or less, to the southerly right-of-way line of Colorado State Highway No. 78 as presently located; thence S. 52°-06' W (deed) along the southerly right of-way line of Colorado State Highway No. 78, to the north corner of Watson Addition No. 1, according to the recorded plat thereof, filed for record October 12, 1983; thence southerly along the boundary of said Watson Addition No. 1, the following 3 courses: 1) along the arc of a curve to the right whose center bears S 52°-58'- 21" W and whose radius is 450 feet, a distance of 294.09 feet; 2) S 0°-25' W a distance of 175.40 feet; 3) S 52°-58'-21" W a distance of 126.5 feet, more or less, to a point 520 feet east of the west line of said Section 16; thence S 0°-25' W, and parallel to the west line of the said Section 16, a distance of 1447 feet; thence N 89°-35' W a distance of 210 feet; thence S 45°-25" W a distance of 540 feet; thence S 22°-55" W a distance of 440 feet; thence S 44°- 14'-30" E a distance of 259.50 feet to a point; thence S 45°-45'-30" W a distance of 670.24 feet; thence S 0°-25'W a distance of 290.65 feet, more or less, to a point which is 40 feet normally distant north of the south line of the said Section 17; thence easterly, parallel to and 40 feet north of the said south line of Section 17, to its intersection with the boundary of El Camino Subdivision Fourth Filing, according to the recorded plat thereof; thence N 45°-45'-30" E and along the boundary of El Camino Subdivision Fourth Filing, a distance of 675.30 feet, to a corner of a parcel of property recorded in Book 2191 at Page 342, Instrument No. 740190; thence along the boundary of said parcel, the following 3 courses: 1) N 33°-03'-55" W, a distance of 123.79 feet; 2) N 55°-59'-47" E, a distance of 189.16 feet; 3) S 16°-48'-13" E, a distance of 98.95 feet; thence N 45°-45'-30" E and along the boundary of said El Camino Subdivision Fourth Filing, a distance of 419.34 feet; thence N 0°-25'E, and along the boundary of El Camino Subdivision Second Filing, according to the recorded plat thereof, and that line extended, a distance of 1745 feet, more or less, to the TRUE Point of Beginning. AND 2012477 SUB AG 08/06/2015 11:37:57 AM Gilbert9orrtfiz2CClerRk/Recorder, Pueblo C u36Y00o iiiPritAlierti AVIA AMINO Pill h I III All of that parcel of land, conveyed by deed, recorded in Book 2191 at Page 342 of the Pueblo County records and being more particularly described as follows: A parcel of land in the SW 1/4 of the SW 1/4 of Section 16, Township 21 South, Range 65 West of the 6th P.M., lying North of and immediately adjacent to the North boundary line of El Camino Subdivision, Fourth Filing, according to the recorded plat thereof, filed for record July 18, 1977, and being more particularly described as follows: Beginning at the Northeast corner of Lot 18, Block 11 in said El Camino Subdivision, Fourth Filing; thence N. 45°-45'-30" E., along the said North boundary line of El Camino Subdivision, Fourth Filing, a distance of 22.54 feet; thence N.16°-48'-13" W., a distance of 98.95 feet; thence S. 55°-59'-47" W., a distance of 189.16 feet; thence S. 33°-03'-55" E., a distance of 123.79 feet to the said North boundary line of El Camino Subdivision, Fourth Filing; thence N.45°- 45'-30" E., along said North boundary line, a distance of 142.01 feet to the Point of Beginning. County of Pueblo, State of Colorado Containing 50.433 acres, more or less. 2012477 SUB AG 08/06/2015 11:37:57 AM Page: 10 of 26 R 136.00 D 0.00 T 136.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III fieri F f'�'A4�'�Iwr�g�� �J'1`'i��11� X0,11/0 14 I III SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 1 DEVELOPER: PUEBLO DEL SOL L.L.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Streets(Bandera BIvd.1 Asphalt(6"Asphalt on 7" Base) 20986 SY @ $25.00 /SY = $524,700 Standard Curb and Gutter 8400 LF @ $12.00 /LF = $100,800 Square Pan Radius 8400 SF @ $5.00 /SF = $42,000 Sidewalks Adjacent to Parcels 2300 SF @ $3.00 /SF = $6,900 Sidewalk from Filing 2 to Northern on west 14000 SF @ $3.00 /SF = $42,000 Tactile bands 34 EA @ $350.00 /EA = $11,900 ADA Ramp 6120 SF @ $4.00 /SF = $24,500 Flowable Backfill 100 CY @ $75.00/CY = $7,500 Water 12"PVC Water Main 1900 LF @ $47.50/LF = $90,300 8" PVC Water Main 2400 LF @ $47.50/LF = $114,000 6" PVC Water Main 200 LF @ $47.50/LF = $9,500 Fire Hydrant Ass'y. 7 EA @ $3,250.00/EA = $22,800 Services(100' ROW) 25 EA @ $900.00/EA = $22,500 Sanitary Sewer 12" PVC Sewer Main 1100 LF © $42.00/LF = $46,200 10" PVC Sewer Main 2100 LF @ $38.00/LF = $79,800 8" PVC Sewer Main 200 LF @ $35.00 /LF = $7,000 48" Manholes 12 EA @ $2,500.00 /EA = $30,000 Services(100' ROW) 24 EA @ $1,200.00 /EA = $28,800 Storm Sewer 36" RCP Pipe 110 LF @ $71.00 /LF = $7,900 30" RCP Pipe 550 LF © $66.00 /LF = $36,300 24" RCP Pipe 710 LF @ $44.00 /LF = $31,300 18" RCP Pipe 700 LF @ $41.00 /LF = $28,700 15" RCP Pipe 160 LF @ $38.00 /LF = $6,100 54"Class III RCP Pipe 40 LF @ $162.00/LF = $6,500 43"x 68" Eliptical Pipe 100 LF © $189.00/LF = $18,900 36"Class II RCP Pipe 220 LF @ $72.00/LF = $15,900 10 2012477 SUB AG 08/06/2015 11:37:57 AM Page: 11 of 26 R 136.00 D 0.00 T 136.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III 1111 �� ',1h 9 1R P��9h ® ),hML l:iirl. iii MI III SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 1 DEVELOPER: PUEBLO DEL SOL L.L.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING,INC. Bandera Blvd. Continued Storm Sewer Continued. Type 1-B Manhole 7 EA @ $2,465.00/EA = $17,300 Type III Manhole 2 EA @ $4,000.00/EA = $8,000 Type"S"Inlet L=4' 2 EA @ $2,740.00/EA = $5,500 Type"S"Inlet L=6' 1 EA @ $3,180.00/EA = $3,200 Type"S"Inlet L=10' 1 EA @ $4,060.00/EA = $4,100 R-3382 Inlet Grate 1 EA @ $3,000.00/EA = $3,000 Barricade L=16' 1 EA @ $1,280.00/EA = $1,300 Signage T-Intersection (60' ROW) 7 EA @ $325.00/EA = $2,300 Street Lights 11 EA @ $1,450.00/EA = $15,950 Monuments 20 EA @ $655.00/EA = $13,100 Landscaping 73100 SF @ $3.50/EA = $255,900 Landscape design (10%of landscape cost) $25,590 Total Phase 1 - Bandera Blvd. $1,718,040 11 20 7 5 7 AM Pagie4712 of826G R8136.001D 0.00775136.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 1 DEVELOPER: PUEBLO DEL SOL L.L.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING,INC. Streets(Lomita Drive) Asphalt(4"Asphalt on 8" Base) 840 SY @ $21.50 /SY = $18,100 Rolled Curb and Gutter 320 LF @ $12.00 /LF = $3,900 Cross Pan 576 SF @ $5.00 /SF = $2,900 Square Pan 680 SF @ $5.00 /SF = $3,400 ADA Ramp 1000 SF @ $4.00/SF = $4,000 Tactile bands 3 EA @ $350.00 /EA = $1,100 Water 8" PVC Water Main 217 LF @ $47.50 /LF = $10,400 Services(60' ROW) 1 EA @ $600.00 /EA = $600 Sanitary Sewer 8"PVC Sewer Main 10 LF @ $35.00/LF = $400 48" Manhole 1 EA @ $2,500.00/EA = $2,500 Services(60' ROW) 1 EA @ $1,200.00 /EA = $1,200 Total Phase 1 - Lomita Drive $48,500 12 2012477 SUB AG 08/06/2015 11:37:57 AM Page: 13 ofiz 26 R 136.00 D 0.00 T 136.00 Gilbert OrtClerk/Recorder, Pueblo County, Co III Ira�'IITI Rig'BI1 ' 141.115514NICr itiMit tii, 11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 1 DEVELOPER: PUEBLO DEL SOL L.L.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Streets(Delicias Drivel Asphalt(4"Asphalt on 8" Base) 3000 SY @ $21.50/SY = $64,500 Modified Ramp Curb and Gutter 1600 LF @ $12.00/LF = $19,200 ADA Ramp 360 SF @ $4.00/SF = $1,500 Square Pan Radius 1200 SF @ $5.00/SF $6,000 Tactile bands 2 EA @ $350.00/EA = $700 Water 8" PVC Water Main 820 LF @ $47.50/LF = $39,000 12"PVC Water Main 1100 LF @ $47.50/LF = $52,300 Fire Hydrant Ass'y. 1 EA @ $3,250.00/EA = $3,300 Services(60'ROW) 8 EA @ $600.00/EA = $4,800 Sanitary Sewer 8" PVC Sewer Main 820 LF @ $35.00/LF = $28,700 48" Manholes 2 EA @ $2,500.00/EA = $5,000 Services(60'ROW) 8 EA @ $1,200.00/EA = $9,600 Storm Sewer 15"RCP Pipe 40 LF @ $38.00/LF = $1,600 18" RCP Pipe 820 LF @ $41.00/LF = $33,700 30" RCP 130 LF @ $66.00/LF = $8,600 Type I-B Manhole 4 EA @ $2,465.00/EA = $9,900 Type S inlet L=6' 1 EA @ $3,180.00/EA = $3,200 Type"5"Inlet L=15' 2 EA @ $5,160.00/LF = $10,400 Type"S"Inlet L=10' 1 EA @ $4,060.00 /LF = $4,100 Street Lights 2 EA @ $1,450.00 /EA = $2,900 Monuments 3 EA @ $655.00 /EA = $2,000 SIGNAGE T-Intersection (60' R-O-W) 1 EA @ $325.00/EA = $400 Barricades 1 EA @ $1,280.00/EA = $1,300 Total Phase 1 - Delicias Drive $312,700 13 Pag1e4714 ofB26G R8136/0010 01007T 71 3 . Gilbert Ortiz ClerklRecorder, Pueblo County, Co III � ��L " %'r r ;!NL P'a i'd!11:1,Mitih III SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 1 DEVELOPER: PUEBLO DEL SOL L.L.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Detention Facilities Detention Basin No. 1 Rip Rap 14 CY @ $55.00/CY = $800 Revegetation 0.8 AC @ $13,150.00/AC $10,600 Concrete Channel 854 SF @ $4.00/SF = $3,500 Total Phase 1 - Detention Facilities $14,900 Phase 1 Earthwork 46513 CY @ $3.00/CY = $139,600 $139,600 14 2012477 SUB AG 08/06/2015 11 :37:57 AM Page: 15 of C1 R 136.00 D 0.00 T 136.00 Gilbert Ortiz ClerklRecorder, Pueblo County; Co SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 1 DEVELOPER: PUEBLO DEL SOL L.L.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Streets(Capri Place Asphalt(3"Asphalt on 8" Base) 796 SY @ $21.50 /SY = $17,200 Modified Ramp Curb and Gutter 352 LF @ $12.00 /LF = $4,300 Sidewalk Adjacent to Parcel 280 SF @ $3.00 /SF = $900 ADA Ramp 628 SF @ $4.00/SF = $2,600 Tactile bands 4 EA @ $350.00 /EA = $1,400 Water 6" PVC Water Main 122 LF @ $47.50 /LF = $5,800 Services(60' ROW) 5 EA @ $600.00 /EA = $3,000 Sanitary Sewer 8"PVC Sewer Main 120 LF @ $35.00/LF = $4,200 48" Manhole 1 EA @ $2,500.00/EA = $2,500 Services(60' ROW) 4 EA @ $1,200.00 /EA = $4,800 Storm Sewer 36" RCP Pipe 213 LF @ $71.00 /LF = $15,200 Concrete Channel 226 SF @ $4.00 /SF = $1,000 6'Sidewalk Culvert 1 EA @ $2,500.00 /EA = $2,500 Type"S"Inlet L=18' 1 EA @ $5,820.00/EA = $5,900 Monuments 1 EA @ $655.00/EA = $700 Total Phase 1 -Capri Place $72,000 15 2012477 SUB AG 08/06/2015 11 :37:57 AM Page: 16 of 26 R 136.00 D 0.00 T 136.00 iiii , ueblo County, Co Fillifigni lkilegI d FIVIM LI4111L'WPC 14 OH! SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 1 DEVELOPER: PUEBLO DEL SOL L.L.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Streets(Mendecino Drivel Asphalt(4"Asphalt on 8" Base) 1006 SY @ $21.50/SY = $21,700 Rolled Curb and Gutter 518 LF @ $12.00/LF = $6,300 Cross Pan 288 SF @ $5.00/SF = $1,500 Square Pan 340 SF @ $5.00/SF = $1,700 ADA Ramp 628 SF @ $4.00/SF = $2,600 Tactile bands 4 EA @ $350.00 /EA = $1,400 Water 8" PVC Water Main 260 LF @ $47.50 /LF = $12,400 Services(60'ROW) 4 EA @ $600.00/EA = $2,400 Sanitary Sewer 8" PVC Sewer Main 91 LF @ $35.00 /LF = $3,200 48" Manhole 1 EA @ $2,500.00 /EA = $2,500 Services(60' ROW) 4 EA @ $1,200.00 /EA = $4,800 Storm Sewer 15" RCP Pipe 12 LF @ $38.00 /LF = $500 Sidewalk Culvert L=4' 1 EA @ $2,500.00 /EA = $2,500 Sidewalk Culvert L=6' 1 EA @ $2,500.00 /EA = $2,500 Type"S" Inlet L=4' 2 EA @ $2,740.00 /EA = $5,500 Total Phase 1 - Mendincino Drive $71,500 16 - 5 57 Pag1e4717 ofB$6G R8136.001D 0.0071 136M00 Gilbert Ortiz Clerk/Reccorder, Pueblo County, Co III ralo ilaTYbI4EM li41sT r Vfli :Ii °kJ. 11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 1 DEVELOPER: PUEBLO DEL SOL L.L.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING,INC. Streets(El Rincon Place) Asphalt(3"Asphalt on 8" Base) 1069 SY @ $21.50/SY = $23,000 Modified Ramp Curb and Gutter 361 LF @ $12.00/LF = $4,400 Cross Pan 288 SF @ $5.00/SF = $1,500 Square Pan 340 SF © $5.00/SF = $1,700 ADA Ramp 628 SF @ $4.00/SF = $2,600 Tactile bands 4 EA @ $350.00 /EA = $1,400 Water 6"PVC Water Main 122 LF @ $47.50 /LF = $5,800 Services(60' ROW) 6 EA @ $600.00 /EA = $3,600 Sanitary Sewer 8" PVC Sewer Main 120 LF © $35.00/LF = $4,200 48" Manhole 1 EA @ $2,500.00/EA = $2,500 Services(60' ROW) 6 EA @ $1,200.00 /EA = $7,200 Storm Sewer 18" RCP Pipe 183 LF @ $41.00 /LF = $7,600 Concrete Channel 287 SF @ $4.00/SF = $1,200 Type S Inlet L=4' 1 EA @ $2,740.00 /EA = $2,800 Monuments 1 EA @ $655.00/EA = $700 Total Phase 1 - El Rincon Place $70,200 17 2012477 SUB AG 08/06/2015 11:37:57 AM Page: 18 of 26 R 136.00 D 0.00 T 136.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III��r flitki�JIB?i ,KPS ti�i4s11iiit��ha Mitlqiiri 11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 1 DEVELOPER: PUEBLO DEL SOL L.L.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Streets(Amistad Place) Asphalt(3"Asphalt on 8" Base) 850 SY @ $21.50/SY = $18,300 Modified Ramp Curb and Gutter 349 LF @ $12.00/LF = $4,200 Cross Pan 288 SF @ $5.00/SF = $1,500 Square Pan 340 SF @ $5.00/SF = $1,700 ADA Ramp 628 SF @ $4.00/SF = $2,600 Tactile bands 4 EA @ $350.00/EA = $1,400 Water 6"PVC Water Main 112 LF @ $47.50/LF = $5,400 Services(60' ROW) 6 EA @ $300.00/EA = $1,800 Sanitary Sewer 8"PVC Sewer Main 120 LF @ $35.00 /LF = $4,200 48" Manhole 1 EA @ $2,500.00/EA = $2,500 Services(60' ROW) 6 EA @ $1,200.00/EA = $7,200 Storm Sewer 18" RCP Pipe 180 LF @ $41.00/LF = $7,400 15" RCP Pipe 29 LF @ $38.00/LF = $1,200 Concrete Channel 285 SF @ $4.00/SF = $1,200 Type S Inlet L=4' 3 EA @ $2,740.00/EA = $8,300 Monuments 1 EA @ $655.00/EA = $700 Total Phase 1 -Amistad Place $69,600 18 2012477 SUB AG 08/06/2015 11:37:57 AM Pa :rt 19rtoif 26lerkR/Rec3o6r.d0e0r,DPu0eb0o0 Tou1n3t6y.0C0o III POPall'IT III SUBDIVISION IMPROVEMENTSAGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 1 DEVELOPER: PUEBLO DEL SOL L.L.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Detention Facilities Detention Basin No. 2 Rip Rap 12 CY @ $55.00/CY = $700 Outlet Structure/Spillway 1 EA @ $3,300.00/EA = $3,300 Revegation 0.54 AC @ $13,150.00 /AC $7,200 Total Phase 1 - Detention Facilities $11,200 Phase 1 Earthwork 40336 CY @ $3.00 /CY = $121,100 $ 121,100.00 Phase 1 On-Site Improvements $2,649,340 19 2012477 SUB AG 08/06/2015 11:37:57 AM Pagge: 20 of 26 R 136.00 D 0 00 T 136.00 Giibert Ortiz Clerk/Recorder, Pueblo County, Co rd '1714:JV 10141i:I KURIA 1111 SUBDIVISION IMPROVEMENTSAGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 2 DEVELOPER: PUEBLO DEL SOL L.L.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING,INC. Streets(Delicias Drive) Asphalt(4"Asphalt on 8" Base) 3990 SY © $21.50/SY = $85,800 Modified Ramp Curb and Gutter 1929 LF @ $12.00/LF = $23,200 Asphalt Curb&Gutter 150 LF @ $7.80 /LF = $1,200 Temporary Cul-de-sac 298 SY © $12.00 /SY = $3,600 Water Fire Hydrant Ass'y. 3 EA @ $3,250.00/EA = $9,800 Services(60' ROW) 29 EA @ $600.00/EA = $17,400 Sanitary Sewer 8" PVC Sewer Main 1029 LF @ $35.00/LF = $36,100 48" Manholes 3 EA @ $2,500.00/EA = $7,500 Services(60'ROW) 29 EA @ $1,200.00/EA = $34,800 Storm Sewer 18" RCP Pipe 115 LF @ $41.00 /LF = $4,800 Type I- B Manhole 1 EA @ $2,465.00/EA = $2,500 Street Lights 4 EA @ $1,450.00 /EA = $5,800 Monuments 3 EA @ $655.00 /EA = $2,000 Barricade(Relocate) 1 EA @ $1,280.00 /EA = $1,300 Total Phase 2- Delicias Drive $235,800 Phase 2 Earthwork 28936 CY @ $3.00 /CY = $86,900 Phase 2 On-Site Improvements $322,700 20 2012477 SUB AG 08/06/2015 11:37:57 AM Page: 21 of $6 R 136.00 D 0.00 T 136.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ®iii ����� ,��i ehlit hMi ile iNi Mith 11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE 3 DEVELOPER: PUEBLO DEL SOL L.L.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. STREETS(Encantada Drive) Asphalt(4"Asphalt on 8"Base) 3676 SY @ $21.50/SY = $79,100 Modified Ramp Curb and Gutter 1838 LF @ $12.00/LF = $22,100 Asphalt Curb&Gutter 150 LF @ $7.80 /LF = $1,200 Temporary Culd-de-sac 298 SY @ $12.00 /SY = $3,600 Handicap Ramp 372 SF @ $4.00/SF = $1,500 Tactile bands 2 EA @ $350.00/EA = $700 WATER 8" PVC Water Main 1156 LF @ $45.00/LF = $52,100 Fire Hydrant Ass'y. 2 EA @ $3,000.00/EA = $6,000 Services(60' ROW) 29 EA @ $500.00/EA = $14,500 Sanitary Sewer 10"PVC Sewer Main 1000 LF @ $38.00/LF = $38,000 48" Manholes 3 EA @ $2,500.00/EA = $7,500 Services(60' ROW) 27 EA @ $1,200.00 /EA = $32,400 Storm Sewer 15" RCP Pipe 36 LF @ $38.00/LF = $1,400 18" RCP Pipe 215 LF @ $41.00 /LF = $8,900 24" RCP Pipe 23 LF @ $44.00/LF = $1,100 54"CI II RCP 948 LF © $162.00/LF = $153,600 Rip Rap 170 CY @ $55.00 /CY = $9,400 Type"5"Inlet L=15' 3 EA @ $5,160.00/EA = $15,500 Type I-B Manhole 2 EA @ $2,465.00/EA = $5,000 Type III Manhole 3 EA @ $4,000.00/EA = $12,000 Street Lights 3 EA @ $1,450.00 /EA = $4,400 Monuments 4 EA @ $655.00 /EA = $2,700 Barricade(Relocate) 1 EA @ $1,280.00/EA = $1,300 Total Phase 3- Encantada Drive $474,000 Phase 3 Earthwork 20577 CY @ $3.00/CY = $61,800 Phase 3 On-Site Improvements $535,800 21 2012477 SUB AG 08/06/2015 11:37:57 AM Page: 22 of 26 R 136.00 0 0.00 T 136.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III fir p h'1141if Nig hili i«i Kiklyi, MIIII SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE NO. 1 DEVELOPER: PUEBLO DEL SOL L.L.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING,INC. Phase 1 Offsite Improvements Colorado State Highway No. 78 Improvements Asphalt(Left Turn Lane, 6" Full Depth) 1200 SY @ $25.00/SY = $30,000 Asphalt(Widen Highway,6" Full Depth) 2800 SY @ $23.50/SY = $65,800 Asphalt(6"Asphalt on 7" Base, Bandera Blvd) 1064 SY @ $21.50/SY = $22,900 Asphalt(2"overlay) 840 TON @ $75.00 TON = $63,000 Curb and Gutter 250 LF @ $12.00/LF = $3,000 Concrete(10'x 4"Sidewalk) 450 SF @ $3.00/SF = $1,400 ADA Ramp 360 SF @ $4.00/SF $1,500 Tactile bands 2 EA @ $350.00 /EA $700 Traffic Control 1 LS @ $8,000.00/LS = $8,000 Removing Striping 1 LS @ $10,000.00/LS = $10,000 Striping 1 LS @ $10,000.00 /LS = $10,000 Traffic Signs 6 EA @ $500.00/EA = $3,000 Remove/RelocateTraffic Signs 2 EA @ $300.00 /EA = $600 Earthwork 2000 CY @ $3.00 /CY = $6,000 Street Names and Stop Signs,T-Intersection 1 EA @ $325.00 /EA = $400 Total Off-Site Phase 1 Roadway Improvements $226,300 Off-Site Storm Sewer 24" Poly Pipe 120 LF @ $44.00 /LF $5,300 Rip Rap 5 CY @ $55.00 /CY = $300 Total Off-Site Phase 1 Storm Sewer Improvements $5,600 Off-Site Sanitary Sewer 15" PVC Sewer Main 2500 LF @ $35.00 /LF = $87,500 4' ID Manholes 7 EA @ $2,500.00 /EA = $17,500 Total Off-Site Phase 1 Sanitary Sewer Improvements $105,000 Total Phase 1 Off-Site Improvements $336,900 22 2012477 SUB AG 08/06/2015 11:37:57 AM Page: 23 of $6 R 136.00 D 0.00 T 136.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL, PHASE NO. 2 DEVELOPER: PUEBLO DEL SOL L.L.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Phase 2 Offsite Improvements Off-Site Storm Sewer 24" Poly Pipe 66 LF @ $44.00/LF $3,000 Total Off-Site Phase 2 Storm Sewer Improvements $3,000 Off-Site Water 12" PVC Water 630 LF @ $47.50 /LF $30,000 Total Off-Site Phase 2 Water Improvements $30,000 Total Off-Site Phase 2 Improvements $33,000 23 2012477 SUB AG 08/06/2015 11:37:57 AM Page: 24 of 26 R 136.00 D 0.00 T 136.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III I�,iP� `���w'a �i� ���� III SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL DEVELOPER: PUEBLO DEL SOL L.L.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Phase 1 On-Site Improvements $2,649,340 Phase 1 Off-Site Improvements $336,900 Total Phase 1 Improvements $2,986,240 Phase 2 On-Site Improvements $322,700 Phase 2 Off-Site Improvements $33,000 Total Phase 2 Improvements $355,700 Phase 3 On-Site Improvements $535,800 Phase 3 Off-Site Improvements $0 Total Phase 3 Improvements $535,800 Total Subdivision Improvements $3,877,740 24 2012477 SUB AG 08/06/2015 11:37:57 AM Page: 25 of 26 R 136.00 D 0.00 T 136.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co • III Pd1��,e � � ,'i� r���� rL �� ti����, i iii SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL DEVELOPER: PUEBLO DEL SOL L.L.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING,INC. Total Subdivision Improvements $3,877,740 Construction and Post-Construction BMP costs-SWMP ADD $23,025 Parcel A revegetation, silt fence, straw bales,sediment traps etc. Cost recovery agreement from Pueblo Board of Waterworks ADD $7,642 (Offsite water Main in Bridle Trail per Water Main Assessment's recorded 2/11/02 at Rec. No. 1424925, 1424926,and 1424927) TOTAL SUBDIVISION IMPROVEMENTS $3,908,407 This is an estimate only. Actual construction costs may vary. PREPARED BY: M.CUPPY UPDATED BY: T. MUHIC 7/14/05 UPDATED BY: M.CUPPY 6/3/15 FIRM: NORTHSTAR ENGINEERING AND SURVEYING,INC. The undersigned hereby certifies that(i)the Required Public Improvements shown hereon and on the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the Subdivision 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 accurately depicts the quantities necessary to construct the Required Public Improvements and(iii)the unit prices shown hereon are the most current unit prices provided by the City of Pueblo. -O\ .� C• sy 0 40 11 (PE SEAL] Professional Engineer Date REVIEWED BY: -' c rector of Public Works D to \96\9603502\XLS\EXHIBITB_R9 6-25-14.XLS 25 2012477 SUB AG 08/06/2015 11:37:57 AM Page: 26 of 26 R 136.00 D 0.00 T 136.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "C" COLORADO STATE HIGHWAY NO. 78 TRAFFIC SIGNALIZATION Per letter dated February 27, 1997 from the State of Colorado, Department of Transportation,the Subdivider will be responsible for a proportionate share of the estimated costs, outlined as follows: The developer will be required to escrow with or provide a letter of credit, in the amount of 20%of$150,000 or$30,000, to the City of Pueblo for the future installation of a traffic signal at Northern Avenue (SH78) & Bandera Blvd at the time the 70th lot is developed. The escrow or letter of credit shall be for a period of 7 years. If the traffic signal is not installed by the end of the escrow time period, the escrow shall be returned to the developer. Reception 2012476 08/06/2015 11:37:57 AM • 2012476 ADD_AGR 08/06/2015 11:37:57 AM ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the 1.0.;1c 1 , zoic Subdivision Improvements Agreement for Pueblo Del Sol,Amended (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 run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and Subdivider and their respective heirs, personal representatives, successors, and assigns. Executed at Pueblo, Colorado, as of Svac ►c., Zoi1 FELLOWSHIP OF THE ROCKIES, INC., a Colorado Non-Profit Corporation Subdivider DPW 103 1/6/04 2012476 ADD_AGR 08/06/2015 11:37:57 AM • Page: 2 of 3 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co KireiNNOCEIMigliolifAlik V I III ByY - Th mas A.Atkinson,Administrative Pastor By STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this /G -r4 day of TuNe , zots;by -y7 oMa,S A 47-4.1-,,s , Subdivider. Witness my hand and official seal. My commission expires: 7/z 91/7 KERI KARLENE KOCK [ SEAL] NOTARY PUBLIC Notary Public STATE OF COLORADO NOTARY ID 20134047663 MY COMMISSION EXPIRES 07/29/2017 CITY OF PUEBLO, - a M 1p. •rp r y 'resident of the Council • DPW 103 1/6/04 • 2012476 ADD_AGR 08/06/2015 11:37:57 AM Page: 3 of 3 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III PAINie4'r+n' draYF,IM/I A Li i II ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"A" The Subdivider will develop the Subdivision in separate phases in the following sequence: (a) Phase I shall consist of the following lots within the Subdivision: Lots 1 thru 17, Block 1, Pueblo Del Sol,Amended; Lots 1 thru 18, Block 2, Pueblo Del Sol,Amended; Lots 1 thru 7, Block 3, Pueblo Del Sol,Amended; Lots 1 thru 19 and 33, Block 4, Pueblo Del Sol,Amended; Lots 1 thru 8 and Lot 36, Block 6, Pueblo Del Sol,Amended; Lot 1, Block 8, Pueblo Del Sol,Amended; Lots 1 thru 28, Block 5, Pueblo Del Sol,Amended (b) Phase II shall consist of the following lots within the Subdivision: Lots 20 thru 32, Block 4, Pueblo Del Sol,Amended; Lots 9 thru 19, Block 6, Pueblo Del Sol,Amended (c) Phase Ill shall consist of the following lots within the Subdivision: Lots 20 thru 35, Block 6, Pueblo Del Sol,Amended; Lots 1 and Lots 4 thru 13, Block 7, Pueblo Del Sol,Amended DPW 103 1/6/04 Reception 2012478 08/06/2015 11:37:57 AM EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this /lo) day of , Zo i S _, by Fellowship of the Rockies, Inc.,a , Grantor,to PUEBLO,a Municipal Corporation, Grantee: Colorado Non-Profit Corporation WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar($1.00)and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged,Grantor hereby grants to o Grantee, its successors and assigns, an easement and right of way for the purpose of sidewalk and , a pedestrian purposes in,through, over, under and across Grantor's property situated in Pueblo County, am Colorado, commonly known as Pueblo Del Sol,Amended and described as follows: (the LO "Property") o Mme? •"ma ala See attached Exhibit"A" . _ IS) L Y TOGETHER WITH WITH the right to enter upon the Property for the purposes of construction, N replacement, maintenance, control, and repair,and the right to use so much of the adjoining property of mw Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose 2,re not inconsistent with the right and privilege above granted and which will not interfere with or endanger N any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in wwY no event include the right to locate or erect or cause to be located or erected on the Property any building 0 . or any other structure or manufactured or mobile home or trailer unit. N v o+ = N0. 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 /G n day of -7-(4"4.. , Z.o I s • GRANTOR Fellowship of the Rockies, Inc., a Colorado Non-Profit Corporation By: ( " Th as A.Atkinson,Administrative Pastor COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) The foregoing instrument was acknowledged before me this /G-1-4 day of .InnJ L. , Zo IS ,by Thomas A.Atkinson,Administrative Pastor of . Fellowship of the Rockies, Inc., a Colorado Witness my hand and official seal. Non-Profit Corporation My commission expires: -7 J/Z 9/17 (SEAL) KERI KARLENE KOCK ' - STATE OF COLORADO DPW 1 i NOTARY ID 20134047863 MY COMMISSION EXPIRES 07/29/2017 02/06/02 2012478 EASE 08/06/2015 11:37:57 AM Page: 2 of 4 R 26. De 0.00 11 26.00 Gilbert Ortiz Clerk/Recorder00 , Pueblo County, Co III lritien1/101I ,6Kar A1'1P' E VII 'alb III EXHIBIT A SIDEWALK& PEDESTRIAN EASEMENT LAND DESCRIPTION Easements for Sidewalk and Pedestrian purposes located in a portion of Pueblo Del Sol, Amended, being more particularly described as follows: Considering the West line of the SW 1/4 of Section 16, Township 21 South, Range 65 West of the 6th Principal Meridian to bear N. 00°25'00" E. and all bearings contained hereon and being relative hereto. Easement No. 1 Beginning at the southeast corner of Lot 20, Block 6 located in Pueblo Del Sol, Amended according to the recorded plat thereof as filed for record at Reception No. 1647778 in the Pueblo County records; thence N. 88°22'10" W., a distance of 9.00 feet; thence N. 49°02'28" E., a distance of 13.25 feet; thence along the arc of a curve to the left whose radius is 300.00 feet and whose center bears S. 82°41'20" E., a distance of 9.00 feet to the Point of Beginning. Easement No. 2 Beginning at the southwest corner of Lot 13, Block 7 located in Pueblo Del Sol, Amended according to the recorded plat thereof as filed for record at Reception No. 1647778 in the Pueblo County records; thence along the arc of a curve to the right whose radius is 240.00 feet and whose center bears S. 83°24'55" E., a distance of 9.00 feet thence S. 40°21'19" E., a distance of 12.04 feet; thence N. 88°22'10" W., a distance of 9.00 feet to the Point of Beginning. Page 1 of 3 2012478 EASE 08/06/2015 11:37:57 AM Page: 3 of 4 R 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III ARK a lli, 1 Mrl14°1a' 11,hi ifil4 044 11111 I, David M. Stravia, being a licensed Land Surveyor in the State of Colorado, do hereby state that these land descriptions and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief 40,0 M. Sr, IE' . ' r 12933 • n•l 'IN iN SURE, �# Pt inminumino— David M. Stravia Colorado P.L.S. 12933 For and on Behalf of NorthStar Engineering and Surveying, Inc. June 19, 2015 JN 9603505 Page 2 of 3 \ 2012478 EASE 08/06/2015 11:37:57 AM aa Page: 4 of 4 R 26.00 D 0.00 T 26.00M ..\ , Gilbert Ortiz Clerk/Recorder, Pueblo Count y, Co III PRAM1:11ffil vitig cki 1Iii.r.rAfilba111l1'i1111 II I o /\ w -- , \ I a 1 1 ` , i / '1-.CsI I I <' ..Y I \ / , M w I I---I �'- N / <�; I r-_I � 1 I N ,1 , I - I I I mo = L_ I • �`lw o �z r--1 - , \ z �E I I T ` I \ er r` `'''Y',--- i ` \ � , I \ i�JI Ir \ I _� ter` r/I/icerte` �d0 in -aim. - - I r _1 I I 1 \ CCOQ-J _�i I r-_I ki2 ---\ ....... i� ® M 1 I 4i, I O O/ n nn _ Jv cD / v w - I I rn �`: ; / y�~/ Nin O mz , I I Z `_� r" NN p O ;_1 - - w z I CO Osw ; I -c 4 I I I ow I vn o_ I ai I J p I Ir, �Z I I COaNJ I IA- I Q3o ID FEn woU I O O 1 $ w a� Z Z Nin wrQ O Z 1,_(.0 mw C7 w �wQ ace m azo oN II w s.,-Z... Z0I O Lii NZW r Z cn�wo 3�0 0 z �0aio ~m�z Da N U w E LL ZN mZ00 Q N m W gONCL tX�Q� CL Er- (r) N a3. � E-N`°� o ��ao 0 0_1 Ncnwla Z z m I-I- ar r4a.-t gwA oa .. Reception 2012479 08/06/2015 11:37:57 AM EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this (t,.A day of -5,,, e , Zov , by Fellowship of the Rockies, Inc., a ,Grantor,to PUEBLO, a Municipal Corporation, Grantee: =_ Colorado Non-Profit Corporation WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar($1.00)and other good and valuable consideration paid by the Grantee,receipt of which is hereby acknowledged, Grantor hereby grants to tm Grantee, its successors and assigns,an easement and right of way for the purpose of sidewalk and Emw> pedestrian purposes in,through, over, under and across Grantor's property situated in Pueblo County, -e Colorado, commonly known as Pueblo Del Sol,Amended and described as follows: (the I° "Property") flm ,a See attached Exhibit"A" Nm m•U TOGETHER WITH the right to enter upon the Property for the purposes of construction, ANY replacement,maintenance, control, and repair, and the right to use so much of the adjoining property of c0 CZ m— Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose N,,, not inconsistent with the right and privilege above granted and which will not interfere with or endanger w4 any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in ,0 i; no event include the right to locate or erect or cause to be located or erected on the Property any building N -0 or any other structure or manufactured or mobile home or trailer unit. NIG 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 /6"r6 day of .774-de , Z o 1 S GRANTOR Fellowship of the Rockies, Inc., a Colorado Non-Profit Corporation By: Th mas A.Atkinson,Administrative astor COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) The foregoing instrument was acknowledged before me this /6-13 day of Tj^../E , 2•o 15--, by Thomas A.Atkinson,Administrative Pastor of . Fellowship of the Rockies, Inc., a Colorado Witness my hand and official seal. Non-Profit Corporation My commission expires: '7/Z 9 A 7 SEAL K KARLENE KOCK <. ( ) NOTARY PUBLIC STATE OF COLORADO Notary Public NOTARY ID 20134047663 DPW 111 MY COMMISSION EXPIRES 07/29/2017 02/06/02 012479 EASE 08/06/2015 11:37:57 AM Page: 2 of 3 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1III Rilrreg'tii 'MIr YAN'I5V PA:MIOki IA OH I EXHIBIT A SIDEWALK& PEDESTRIAN EASEMENT LAND DESCRIPTION An easement for Sidewalk and Pedestrian purposes located in a portion of Pueblo Del Sol, Amended, being more particularly described as follows: Considering the West line of the SW 1/4 of Section 16, Township 21 South, Range 65 West of the 6th Principal Meridian to bear N. 00°25'00" E. and all bearings contained hereon and being relative hereto. Beginning at the northeast corner of Lot 1, Block 6 located in Pueblo Del Sol, Amended according to the recorded plat thereof as filed for record at Reception No. 1647778 in the Pueblo County records; thence S. 00°25'00" W., a distance of 11.50 feet; thence N. 29°03'33" W., a distance of 13.21 feet; thence S. 89°35'00" E., a distance of 6.50 feet to the Point of Beginning. I, David M. Stravia, being a licensed Land Surveyor in the State of Colorado, do hereby state that these land descriptions and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief �'�PJ\D M. ST/2ek p oG1STERF0 /..,%, *� . 12933 Fi cer 0.71 , stow ‘) - David M. Stravia Colorado P.L.S. 12933 For and on Behalf of NorthStar Engineering and Surveying, Inc. June 19, 2015 JN 9603505 Page 1 of 2 2012479 EASE 08/06/2015 11:37:57 AM Gilbert3Or�tiz3Cle k?RecOorder0 D 0.00 Pueblo2Cou0nty0 , Co N III rrpinNIirlIrPgiglb4 R.U1719 11.14 hil®'1T111111 z Z U. Q _1 N Q3w 0 oo0 < 1A-1w z< a}Q LIJ CLxe O N I- zCIU N z W 3Jo Iii �\.I '-7 /^\ -I I/ 11 1}i i-i�4 -I 1 I\I '-i)- 1-W- 0 O k-L \_1 V / 1 --1 1 1 1 L_1 \.L V \_1 __1 \-L 1 11 V `L m r0 o Z w�QiTea ciiNzocrw oImao z m 00 1 in r___ . O (V 0 I I to J I/ ,I 1 1 - -_ I r- 1 In k.'...%1 Lu ZLu , I 1 = I til C-j r) - o_ co I I M r w� _cn w - �'V r-)_ r_ __ 1 t-� I a�f M N Q i Z - , OM ix c; !-I - ` NLii _ LI.. 3 Z oZ r i ' I [LI0 W O I I O 1 in CC _ _ i 1 _ �t 1 1 te_ V 1 , 1 1 1 MI rm,1 --- 1 r�1�' r--1 .! y -1- LL / r_ 1 0 ':- 1 1 Z O- w b in ca O N Z wz O z �0a \zo In W a a m m W II W s W 0 Z z N U In N IE IA a I`IONaO 4 5 c7 a J m W a In z_=Z w oup N ~E rr N o J a Q3W��m x m aa4ala44aGwA cci Reception 2012480 08/06/2015 11:37:57 AM , EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this /c; day of 'Solis- , Zoi _,by Fellowship of the Rockies, Inc., a ,Grantor,to PUEBLO, a Municipal Corporation, Grantee: Colorado Non-Profit Corporation WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar($1.00)and other good and valuable consideration paid by the Grantee,receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of sidewalk and pedestrian purposes in,through,over,under and across Grantor's property situated in Pueblo County, Colorado,commonly known as Pueblo Del Sol,Amended 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 /6-5 day of 71,4^1 L , 7.0 1 5 . GRANTOR Fellowship of the Rockies, Inc., a Colorado Non-Profit Corporation By: Th as A.Atkinson,Administrative Pastor COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) The foregoing instrument was acknowledged before me this /6"2 day of L , Zo 1 3'" , by Thomas A.Atkinson,Administrative Pastor of . Fellowship of the Rockies, Inc., a Colorado Witness my hand and official seal. Non-Profit Corporation My commission expires: 74 4/17 (SEAL) KERI KARLENE KOCK 4 / NOTARY PUBUC Notary Public STATE OF COLORADO DPW 111 NOTARY ID 20134047683 02/06/02 MY COMMISSION EXPIRES 07/29/2017 2012480 EASE 08/06/2015 11 :37:57 AM Page: 2 of 3 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III Fa ati° °fth°inOti,11N00tlti MN ii Eyi MI III EXHIBIT A SIDEWALK & PEDESTRIAN EASEMENT LAND DESCRIPTION An easement for Sidewalk and Pedestrian purposes located in a portion of Pueblo Del Sol, Amended, being 2 feet in width and being more particularly described as follows: Considering the West line of the SW 1/4 of Section 16, Township 21 South, Range 65 West of the 6th Principal Meridian to bear N. 00°25'00" E. and all bearings contained hereon and being relative hereto. Commencing from the northwest corner of Lot 7, Block 3, in Pueblo Del Sol, Amended according to the recorded plat thereof as filed for record at Reception No. 1647778 in the Pueblo County records; thence S. 89°35'00" E., a distance of 10.00 feet to the Point of Beginning. Thence continuing along the north line of said Lot 7, Block 3, S. 89°35'00" E., a distance of 2.00 feet; thence S. 00°25'00" W., a distance of 75.00 feet to a point on the south line of said Lot 7, Block 3; thence N. 89°35'00" W. along the south line of said Lot 7, Block 3, a distance of 2.00 feet; thence N. 00°25'00" E., a distance of 75.00 feet to the Point of Beginning. I, David M. Stravia, being a licensed Land Surveyor in the State of Colorado, do hereby state that these land descriptions and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. rh�KtlNInlfulrngi1/�i SD M. S t/pw,, aQ'cs,OSTEReo �''.,. ;1 �'; t ' p12933 :,I��* 4 .141-1 4- pi SUR11- Qs) F O .. David M. Stravia Colorado P.L.S. 12933 For and on Behalf of NorthStar Engineering and Surveying, Inc. June 19, 2015 JN 9603505 Page 1 of 2 • • N >- Jo Li- ZZ O O <V)-1 N 4.1 Q T 0<0 w 0 2 Q O p U a. a i- W r Q \ \ 1 /-, 1-1 --1 r- }- N 1I I I>-1 I mui / 1 \_ 1.._1 1 `L c' OAU Z p N Z W -1 CDZo0 w F I .7-- 1- I -r. -_ Lu a <, NZwN w 1 Z �MdO I_ _ .kt o p. Y� r _ - P o J Z I I ,'�o in Q� 00 J oppp I irn n o / fnN �^ ON •OfN I / 1 v.N I w.i V)0 co / / 0:::::3 N� Z.., r _1 co ® — — I 1 zw I O EC:4) • .41 If __ I Z po ® �" 01_ I_ _I i_ 0 + r - 1 z L 0 CC! ,$V .1-L1 8LLL179I. 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JQ b 1---1 "I 1 N2012480 EASE 08/06/2015 11:37:57 AM Page: 3 of 3 R 21 .00 D 0.00 T 21.00 O Gilbert OrtiiaClerkk/Recorder, Pueblo County, Co C IlI INiMi0 1'®\Alli, IIIII A Rag waeawA 04 Reception 2012481 08/06/2015 11:37:57 AM EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this I& day of '5u is Zo l S , by Fellowship of the Rockies, Inc., a ,Grantor,to PUEBLO, a Municipal Corporation, Grantee: — Colorado Non-Profit Corporation WITNESSETH: "E Sal T THAT IN CONSIDERATION of the sum of One Dollar($1.00)and other good and valuable a o consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to .• o ° Grantee, its successors and assigns, an easement and right of way for the purpose of sidewalk and ^?m pedestrian purposes in,through,over, under and across Grantor's property situated in Pueblo County, oma 1 Colorado, commonly known as Pueblo Del Sol,Amended and described as follows: (the o v "Property") Nm o 1 See attached Exhibit"A" 03 CP IX W TOGETHER WITH the right to enter upon the Property for the purposes of construction, w "Erc replacement,maintenance, control, and repair, and the right to use so much of the adjoining property of °o Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose v.m not inconsistent with the right and privilege above granted and which will not interfere with or endanger Nam 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 /G - day of Z'N,✓i. , z o i . GRANTOR Fellowship of the Rockies, Inc., a Colorado on-Profit Corporation By: iikorr– -. Th mas A.Atkinson,Administrative Pastor COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this / day of ✓GN✓L , Zo 1 S , by Thomas A.Atkinson,Administrative Pastor of . Fellowship of the Rockies, Inc., a Colorado Witness my hand and official seal. Non-Profit Corporation My commission expires: V2 9//7 (SEAL) KENO KARLENE KOCK NOTARY PUBLIC STATE OF COLORADO Notary Public 111 NOTARY ID 20134047863 DPW MY COMMISSION EXPIRES 0712912017 02/06/02 • 2012481 EASE 08/06/2015 11:37:57 AM Page: 2 of 3 R 21.00 D 0.00 T 21 .00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III kind 9icrillI ifiC14/4141+®'h ��' ,fir ti4, 11111 EXHIBIT A SIDEWALK& PEDESTRIAN EASEMENT LAND DESCRIPTION An easement for Sidewalk and Pedestrian purposes located in a portion of Pueblo Del Sol, Amended, being more particularly described as follows: Considering the West line of the SW 1/4 of Section 16, Township 21 South, Range 65 West of the 6th Principal Meridian to bear N. 00°25'00" E. and all bearings contained hereon and being relative hereto. Beginning at the northeast corner of Lot 1, Block 7 located in Pueblo Del Sol, Amended according to the recorded plat thereof as filed for record at Reception No. 1647778 in the Pueblo County records; thence along the arc of a curve to the right whose radius is 1150.00 feet and whose center bears N. 81°32'38" E., a distance of 5.99 feet; thence N. 42°20'51" W., a distance of 6.50 feet; thence along the arc of a curve to the right whose radius is 240.00 feet and whose center bears S. 18°15'00" E., a distance of 3.65 feet to the Point of Beginning. I, David M. Stravia, being a licensed Land Surveyor in the State of Colorado, do hereby state that these land descriptions and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. , ,Iww,4 ; t • 12933 11i Q-14(-1,5;. "'-,,/? O SUW4 �Q,�: Ai/ 0 F C O\2'#' David M. Stravia Colorado P.L.S. 12933 For and on Behalf of NorthStar Engineering and Surveying, Inc. June 19, 2015 JN 9603505 Page 1 of 2 2012481 EASE 08/06/2015 11:37:57 AM Page: 3 of 3 R 21.00 D 0.00 T 21.00 ' Gilbert Ortiz Clerk/Recorder, Pueblo County, Co N III!Organ II'I Il'I®N fill li 1i1lIi ti i III o z o \ Q J N \ Q3w Q Op(=j O- W Z Q ..... — ....------ .- --------------N aQ� • Li CC w p�� z . -_� �� r,I `v >-:_ to Z w —. � O!A Z Z U U. M o^a, xwCCa W morn LJ O 4i �I ono WZ 4 U i �o� W Oecw — ------\ N/_ w� OPMd0 cit ______ — -- -----\ r ON W _—J \✓ W O I I '- cson NOMw __ II II .. sA z� 1r-_1 `1r. \ ,si. /\� Ma � 1 I I I --v...„.....\ in o kftz2 r---...% c'TIo_ -—- r-, .0%'••• 'r-- uo co Lam" I � _-- / '' \ \ (Yl\\<J_ - \ -1.1'....N : 1 'i `.i ---- r= ..\ V \ z .`(1` \ -, Ir 0 / O I- w 00 0ly to Z O w Z O Z Z 0 NI- Lu cc m 3 .LAJ il w0 . wPwp Z Z•NUIn N Oil 1 I c7. • QO N 8 w � . g ZZ fiJ LI- =� fQ N O f� Z NZOce 3wQ x(n CCl: Q3� m w O J 13.404Wa440 44n Oa Reception 2012482 08/06/2015 11:37:57 AM EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this /te4 day of """ll-De- , 2 ois' y b --- Fellowship of the Rockies, Inc.,a ,Grantor,to PUEBLO, a Municipal Corporation,Grantee: Colorado Non-Profit Corporation WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar($1.00)and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged,Grantor hereby grants to Grantee, its successors and assigns,an easement and right of way for the purpose of sidewalk and pedestrian purposes in,through, over, under and across Grantor's property situated in Pueblo County, Em Colorado,commonly known as Pueblo Del Sol,Amended and described as follows: (the o "Property") See attached Exhibit"A" w G TOGETHER WITH the right to enter upon the Property for the purposes of construction, Nm a replacement,maintenance, control, and repair, and the right to use so much of the adjoining property of m •LO Lie Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose m not inconsistent with the right and privilege above granted and which will not interfere with or endanger w any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in as no event include the right to locate or erect or cause to be located or erected on the Property any building o8 or any other structure or manufactured or mobile home or trailer unit. N V Grantor warrants to Grantee that Grantor(a) has good and sufficient right and title in and to the Nam 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 /6.4i day of Tk,.lt. , Lo S • GRANTOR Fellowship of the Rockies, Inc., a Colorado Non-Profit Corporation By: T mas A.Atkinson,Administrative actor COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this /6 day of TU.vF , Z o I.S , by Thomas A.Atkinson,Administrative Pastor of Fellowship of the Rockies, Inc., a Colorado Witness my hand and official seal. Non-Profit Corporation My commission expires: '7491/7 (SEAL) KERI KARLE 4E KOCK NOTARY PUBLIC e STATE OF COLORADO Notary Public DPW 111 NOTARY ID 20134047663 MY COMMISSION EXPIRES 07/29/2017 02/06/02 2012482 EASE 08/06/2015 11:37:57 AM Page: 2 of 4 R 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III NM Rrillfl1it 6'AMoi, MI III EXHIBIT A SIDEWALK& PEDESTRIAN EASEMENT LAND DESCRIPTION Easements for Sidewalk and Pedestrian purposes located in a portion of Pueblo Del Sol, Amended, being more particularly described as follows: Considering the West line of the SW 1/4 of Section 16, Township 21 South, Range 65 West of the 6th Principal Meridian to bear N. 00°25'00" E. and all bearings contained hereon and being relative hereto. Easement No. 1 Beginning at the southeast corner of Lot 32, Block 4 located in Pueblo Del Sol, Amended according to the recorded plat thereof as filed for record at Reception No. 1647778 in the Pueblo County records; thence N. 88°22'10" W., a distance of 9.00 feet; thence N. 46°37'50" E., a distance of 12.73 feet; thence S. 01°37'50" W., a distance of 9.00 feet to the Point of Beginning. Easement No. 2 Beginning at the southwest corner of Lot 19, Block 6 located in Pueblo Del Sol, Amended according to the recorded plat thereof as filed for record at Reception No. 1647778 in the Pueblo County records; thence N. 01°37'50" E., a distance of 9.00 feet; thence S. 43°22'10" E., a distance of 12.73; thence N. 88°22'10" W., a distance of 9.00 feet to the Point of Beginning. Page 1 of 3 2012482 EASE 08/06/2015 11:37:57 AM Page: 3 of 4 R 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co IIIKR1511.1a' i t iA6D6111°,111: 11.114 4 11111 I, David M. Stravia, being a licensed Land Surveyor in the State of Colorado, do hereby state that these land descriptions and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. •ç -i,i 9TERFO L, s 12933 '� `' 190•11 ,1 5 .(44suot 4NOF CO-°0#1 C ° °1 N/Ib11aiNINt1 David M. Stravia Colorado P.L.S. 12933 For on Behalf of NorthStar Engineering and Surveying, Inc. June 19, 2015 JN 9603505 Page 2 of 3 2012482 EASE 08/06/2015 11:37:57 AM Page: 4 of 4 R 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co r rI Mill Pid11 r.k1L I ,D i la I Ilf®�l® lI 14,111 I III o to / I I a3w O O U a WZ< ct LLI Q I d Q - - ' I act I 0NV I Zo <<0 y� = I w rz I mP.'-g __ ; 1 < I W I 2ZWp `f� w I F'i xLLI�CCn- __ _ w ocd 0 1_ I Omdo 1z I/ /I c�- e3 Nn b'Of OZ I / CI(nd '9N Z cc 3 W fn 1 I r-_1 i i ._i L� Q. 1...\O -_I I ___ 20 I —_ — - �o—Mrn - I - I -1- I in rzzzi r—- I 1 I .s. V .. ._�.. i__s Li_ O r O I I — �Y1 ol J - —_ _ _Ct%::33 _:N I o I O I co -ham—= I NI r_ 1 v_ -,I W aDZ CD I ItrIB L.61 Iirrn I M^ NO •OZ r),- 3 I -_-/ 2 (p- co Os W• -- - Y, Z z W y�jw --� �t - p W I �! I < > _ Nd I -cam US Lk O ; I- v) UW Lo co C7 Li tD Z �0a C7 0 _Z \Z (, 0' m mw II w Gi w�w� O MI Z E Li_ Z• N g O QONE8 Li.J a m waa ot Q N O fly M �1 co (n Z d Q 3om m a,0Gwa.4a4wA ai Reception 2012483 08/06/2015 11:37:57 AM EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this /c. day of Sonic , Zoic , by Fellowship of the Rockies, Inc.,a , Grantor,to PUEBLO, a Municipal Corporation,Grantee: Colorado Non-Profit Corporation WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar($1.00)and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged,Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of sidewalk and pedestrian purposes in,through,over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as Pueblo Del Sol,Amended 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 16 day of u , , Z o iS GRANTOR Fellowship of the Rockies, Inc., a Colorado on-Profit Corporation By: Tho as A.Atkinson,Administrative astor COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) The foregoing instrument was acknowledged before me this /6- day of ?u 'L , Z.o c (,by Thomas A.Atkinson,Administrative Pastor of Fellowship of the Rockies, Inc., a Colorado Witness my hand and official seal. Non-Profit Corporation My commission expires: 1/2.? /17 (SEAL) KERI KARLENE KOCK 6 .✓` NOTARY PUBLIC Notary Public STATE OF COLORADO DPW 111 NOTARY ID 20134047663 02/06/02 MY COMMISSION EXPIRES 07/29/2017 2012483 EASE 08/06/2015 11:37:57 AM Page: 2 of 4 R 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III illitidlinieldWIER1111141111131U1 ®�Yi1611fallai 1III EXHIBIT A SIDEWALK & PEDESTRIAN EASEMENTS LAND DESCRIPTIONS Easements for Sidewalk and Pedestrian purposes located in a portion of Pueblo Del Sol, Amended, being 2 feet in width and being more particularly described as follows: The Westerly 2 feet of Lots 1 thru 6 both inclusive, Block 3 in Pueblo Del Sol, Amended according to the recorded plat thereof as filed for record at Reception No. 1647778 in the Pueblo County records. Together with a triangular 15 feet by 15 feet easement for Sidewalk and Pedestrian purposes located in the northwesterly corner of Lot 1, Block 3 in Pueblo Del Sol, Amended according to the recorded plat thereof as filed for record at Reception No. 1647778 in the Pueblo County records, being more particularly described as follows: Considering the West line of the SW 1/4 of Section 16, Township 21 South, Range 65 West of the 6th Principal Meridian to bear N. 00°25'00" E. and all bearings contained hereon and being relative hereto. Beginning at the northwest corner of Lot 1, Block 3; thence S. 89°16'03" E., a distance of 15.00 feet; thence S. 45°34'28" W., a distance of 21.15 feet; thence N. 00°25'00" E., a distance of 15.00 feet to the Point of Beginning. Page 1 of 3 2012483 EASE 08/06/2015 11:37:57 AM Page: 3 of 4 R 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III I I, David M. Stravia, being a licensed Land Surveyor in the State of Colorado, do hereby state that these land descriptions and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. " \0 tM w�S,t, 44. .r;PsfRF 4�; 12933 1!►' =' di04,.<441-6-Ickci ,Oa+i„ uO- a`` David M. Stravia Colorado P.L.S. 12933 For and on Behalf of NorthStar Engineering and Surveying, Inc. June 19, 2015 JN 9603505 Page 2 of 3 r . / XllhIllllT A .„ S89'16'03"E am°ni 15.00' 15'x 15' SIDEWALK & 0 Eft PEDESTRIAN EASEMENT - - - - ION N00'215500"E , S4'321''28"W L ..:!'f1 A hi- y 1 - I -;m un 1 1'x;1 i%f_ , .. 1 BLOCK 3 ---, _ I ,n0 -- _}+-2' SIDEWALK & I IV - m0- PEDESTRIAN EASEMENT I i iNB` "-REFER TO DETAIL "A" 6;) LEFT HEREON W •G) DETAIL "A" I `'"T ' C"Y 2' SIDEWALK & CO mem— NOT TO SCALE I PEDESTRIAN EASEMENT m 2 - - la 0 I .4az - r, - , ,1.0 WimL H ti L _ 0, .-i W I ' LOT c :_ I Mv. s \ 00 F-- , _ ' I ! 2' SIDEWALK & ••v L: i_; E.:3I PEDESTRIAN EASEMENT r?= ,N, i 1 :; — — m 6.. lid ii_ LOT 3 I v ":: 2' SIDEWALK & --, Drmu PEDESTRIAN EASEMENT SCALE: 1" = 100' _ - - - •=Y= __ =1, 0 50' 100' 200' L.L.2LOT 4 -1 2' SIDEWALK & Li__j ermsm= 1 } PEDESTRIAN EASEMENT- r 'Y1 _ , i LOT 5 I ;YFG ED 2' SIDEWALK & __ P.O.B. POINT OF BEGINNING I I PEDESTRIAN EASEMENT , - _ _ PASIS OF BEARINGS: LOT 6 WEST LINE OF THE SW 1/4 OF SECTION 16, I 2' SIDEWALK & TOWNSHIP 21 SOUTH, RANGE 65 WEST OF I PEDESTRIAN EASEMENT THE 6TH PRINCIPLE MERIDIAN. I — — — — — BEARS N. 00'25'00" E. — — —1 I DEL L_ICIA:. I I LOT 7 1 - - - n T - - - - ,.,,, ,. , P R E P A R NOTE: E THIS EXHIBIT WAS NOT PREPARED AS A D MONUMENTED LAND SURVEY, AND WAS ONLY PREPARED TO DEPICT THE ATTACHED LAND B DESCRIPTION. y: NORTHSTAR ENGINEERING AND SURVEYING, INC. JN 96 035 05 PAGE 3 OF 3