HomeMy WebLinkAbout07445Reception 1705313
12/08/2006
ORDINANCE NO. 7445
AN ORDINANCE APPROVING THE PLAT
OF PUEBLO CROSSING SUBDIVISION, FILING NO. 2
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Pueblo Crossing Subdivision, Filing No. 2, being a subdivision of
land legally described as:
PARCEL A
A parcel of land located within the SW 114 of Section 1, Township 20 South,
Range 65 West of the Sixth Principal Meridian, being more particularly described
as follows:
BEGINNING at the NW corner of Lot 2, Pueblo Crossing Filing No. 1 according
to the recorded plat thereof filed for record December 18, 2003 at Reception No.
1542506 in the records of the Pueblo County Clerk and Recorder from which the
SW corner of Section 1 bears S 48 °10'56 "W (bearings based on the west line of
said SW 114 monumented at the SW corner with a 3" brass cap on a 2" iron pipe
PLS 9009 to the W 1/4 corner with a 1 1/2" aluminum Tri -Co cap PLS 7168
assumed to bear N 07 °03'43 "E) a distance of 1344.36 feet; thence N 15 °42'29 "W
a distance of 289.83 feet; thence S 74 °1731 "W a distance of 81.00 feet: thence
N 13 °06'53 "W a distance of 242.49 feet; thence N 75 °19'58 "E a distance of
763.01 feet; thence N 33 0 41'20 "E a distance of 95.79 feet to a point on the
westerly right of way line of Elizabeth Street as established on said recorded plat
of Pueblo Crossing Filing No. 1; thence along said westerly right of way line the
following two (2) courses:
1. Along the arc of a non - tangent curve to the right whose center bears S
33 °41'20 "E having a central angle of 41 °38'38" and a radius of 680.00 feet a
distance of 494.24 feet;
2. S 14 °40'02 "E a distance of 142.51 feet to the NE corner of said Lot 2;
Thence S 75 °19'58 "W along the north line of said Lot 2 a distance of 926.76 feet
to the POINT OF BEGINNING.
Said Parcel contains 11.51 acres more or less.
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PARCEL B
A parcel of land located within the SW 1/4 of Section 1, Township 20 South,
Range 65 West of the Sixth Principal Meridian, being more particularly described
as follows:
BEGINNING at the NW corner of Lot 6, Pueblo Crossing Filing No. 1 according
to the recorded plat thereof filed for record December 18, 2003 at Reception No.
1542506 in the records of the Pueblo County Clerk and Recorder from which the
SW corner of Section 1 bears S 60 °26'08 "W (bearings based on the west line of
said SW 1/4 monumented at the SW corner with a 3" brass cap on a 2" iron pipe
PLS 9009 to the W 1/4 corner with a 1 1/2" aluminum Tri -Co cap PLS 7168
assumed to bear N 07 °03'43 "E) a distance of 2300.30 feet; thence along the
easterly right of way line of Elizabeth Street as established on said recorded plat
of Pueblo Crossing Filing No. 1 the following two (2) courses;
L N 14 °40'02 "W a distance of 164.60 feet;
2. Along the arc of a curve to the left having a central angle of 30 °01'28" and
a radius of 780.00 feet a distance of 408.08 feet;
Thence N 45 °18'30 "E a distance of 90.44 feet; thence N 60 0 06'52 "E a distance of
282.74 feet; thence S 22 °25'30 "E a distance of 206.98 feet; thence N 62 0 34'52 "E
a distance of 41.68 feet; thence S 21 °01'17 "E a distance of 315.81 feet; thence
S 14 °40'02 "E a distance of 164.60 feet to the NE corner of said Lot 6; thence S
75 °19'58 "W along the north line of said Lot 6 a distance of 350.00 feet to the
POINT OF BEGINNING.
Said Parcel contains 5.06 acres more or less.
Total parcels contain 51.09 acres more or less.
is hereby approved, and all dedicated streets, utility and drainage easements, rights -of-
way and land set aside for public sites, parks and open spaces shown and dedicated on
said plat are hereby accepted for public use.
SECTION 2.
The 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,
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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.
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
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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.
"::.•.- - INTRODUCED: February 27 2006
- V vaato. c
„;' BY: CO an CILPERSON
r .
2 APPROVED:
--' PRESIDENT OF CITY COUNCIL
l
An _
OTY CLERK
PASSED AND APPROVED: March 7 2006
4. ...h 1....,...
L f
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # Wo
DATE: FEBRUARY 27, 2006
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATOR/JERRY M. PACHECO
TITLE
AN ORDINANCE APPROVING THE PLAT OF PUEBLO CROSSING
SUBDIVISION, FILING NO. 2
ISSUE
Shall City Council approve a request to subdivide 16.57 acres into 3 lots to
construct the second phase of a commercial shopping center?
RECOMMENDATION
The Planning and Zoning Commission, at their February 8, 2006 regular
meeting, voted 5 -0 to recommend approval.
BACKGROUND
Pueblo Crossing Subdivision, Filing No. 2, is generally located south of Platteville
Boulevard and west of 1 -25.
Applicant proposes to subdivide the subject 16.57 acre property into three (3)
lots in order to construct the second phase of a commercial shopping center.
Public Works staff confirmed that the applicant has complied with all items listed
in the Subdivision Review Committee memo dated January 18, 2006.
FINANCIAL IMPACT
None.
Reception 1705315
12/08/2006
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on Nov 3 Q 2006 between the
CITY OF PUEBLO, a Municipal Corporation ( "City "), and
WL ENTERPRISES, LTD. a New Mexico limited partnership
( "Subdivider ").
RECITALS
WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land
located in the City and legally described in attached Exhibit "A'; and
WHEREAS, the Subdivider, as a condition of approval of the final plat of
Pueblo Crossine Filine No. 2
( "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,
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or with any bank or trust company licensed in the State of Colorado, subject to an
escrow agreement approved by the City Attorney. The holder of such cash or
collateral shall pay all or any portion thereof to the City upon demand after the time
to complete all Required Public Improvements by Subdivider or subsequent owner
expires. Such deposit or escrow agreement shall be referred to as the "deposit ".
3. The amount of the deposit shall be computed by the City's Director of Public Works
by estimating the total cost of all uncompleted Required Public Improvements within
the block at the time application for building permit is made. The amount of the
deposit required by this alternative shall not be less than 25% of such estimate plus
the cost of extending all required sewer and water lines from nearest existing sewer
and water lines to the proposed building site for which a building permit is sought,
plus the costs of extending curb, gutter, sidewalk and paving from the edge of the
Subdivision or existing improvements of a like nature, whichever is closer to the
proposed building site. In any case where the block, as later defined, exceeds one
thousand (1000') feet in length between intersecting streets, the estimate of the City
Director of Public Works under this paragraph may be reduced to the total costs of all
uncompleted Required Public Improvements in at least one half (1/2) of such block,
and the required deposit shall be based upon such decreased estimate. The
Subdivider, however, shall provide a turnaround of at least sixty (60') feet in
diameter at the mid -block point and barricade such street so that no through traffic
shall be permitted beyond the point to which the estimate of Director of Public Works
is based.
4. Within one hundred eighty (180) days after subsequent application for a building
permit to construct any building or structure upon any building site within the block,
or upon the issuance of a certificate of occupancy for any such building or structure,
whichever occurs first, Subdivider shall also deposit an amount not less than the
estimate of the Director of Public Works for all Required Public Improvements from
existing improvements to the proposed building site, less any previous deposits made
under this agreement upon building sites lying between the most recent proposed site
and existing improvements.
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.
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6. Upon paying such deposit, the City Director of Public Works shall release the
proposed building site from the terms of the Agreement except the terms of Paragraph
7 below.
As a condition of approval of this Subdivision, and to meet the requirements of
Chapter 4, Title 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.
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
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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 brine an action in an 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
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installed by Subdivider with respect to the Subdivision. However, if the attached
Exhibit `B" and Plans and Documents fail to describe or to include, for any reason,
any Required Public Improvement described and set forth in Chapter 4, Title XII of
the Pueblo Municipal Code and the standards and specifications approved by City
Council ( "Omitted Public Improvement "), Subdivider shall not be released or
discharged from Subdivider's obligation to construct and install the Omitted Public
Improvement in the time and manner contained in this Agreement and Chapter 4,
Title XII of the Pueblo Municipal Code.
In order to determine whether or not there are Omitted Public Improvements, the
following shall be applicable:
(a) If the Required Public Improvements are constructed and installed within ten
(10) years from the date hereof, or within a five year extension if granted in
writing by the Director of Public Works, then Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by the
City Council and interpreted as of the date hereof shall control, unless
adherence to a more recent standard does not require significant engineering
modifications or major revisions to the plans and documents.
For the purposes of this subsection, a major revision is defined as, but not
necessarily limited to the relocation or re- alignment of any curb and gutter,
sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or
type of sewer mains, inlets, curb and gutter or sidewalk.
(b) If the Required Public Improvements are constructed and installed after ten
(10) years from the date hereof, or after a five year extension if granted in
writing by the Director of Public Works, then Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by the
City Coucil and interpreted as of the date the Required Public Improvements
are constructed and installed shall control.
(c) If Chapter 4 of Title XII and/or the standards and specifications approved by
the City Council are modified or amended to conform with the requirements
of federal or state law, rules or regulations prior to the construction and
installation of the Required Improvements, they shall control as so modified
and amended.
15. Except for guarantee and obligation to correct defects required by Section 12-4 -
70)(9) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to
extend any obligation of the Subdivider beyond the date of written approval and
accepted by the Director of Public Works of the Required Public Improvements
described in attached Exhibit `B ", provided, however that the obligation of the
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.
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(SEAL)
0
The foregoing instrument was acknowledged
by WAyA)E IL
WLEnterprises,
My commission expires:
/V,w � l3 za�
� ea t'
Ltd
me on
24)
New Mexico limited partnership
Notary Publ
The foregoing instrument was acknowledged
6 =C M by
President of City Council, and
Pueblo, Colorado.
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.
IS. 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 anA attested by its duly authorized
and acting officer. Fnterpr s, New Mexico limited
partnership
1, I
Subdivi er Genera Partner
By:
a Municipal Corporation
of City Council
me this ✓ 14b day of
t CCY\ICAII) , as
as City Clerk of the City of
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STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
d and official seal.
expires: , ZJ-2W - 7
��(IJJd
Notary Public
APPROVED AS FORM:
z�2c`.
City Attorney
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A parcel of land located within the SW 1/4 of Section 1, Township 20 South, Range 65
West of the Sixth Principal Meridian, being more particularly described as follows:
BEGINNING at the NW comer of Lot 2, Pueblo Crossing Filing No. 1 according to the
recorded plat thereof filed for record December 18, 2003 at Reception No. 1542506 in the
records of the Pueblo County Clerk and Recorder from which the SW comer of Section 1
bears S 48° 10'56 "W (bearings based on the west line of said SW 1/4 monumented at the
SW corner with a 3" brass cap on a 2" iron pipe PLS 9009 to the W 1/4 comer with a 1
1/2" aluminum Tri-Co cap PLS 7168 assumed to bear N 07 °03'43 "E) a distance of
1344.36 feet; thence N 15 °42'29 "W a distance of 289.83 feet; thence S 74 °17'31 "W a
distance of 81.00 feet: thence N 13 °06'53 "W a distance of 242.49 feet; thence
N 75 °19'58 "E a distance of 763.01 feet; thence N 33 °41'20 "E a distance of 95.79 feet to
a point on the westerly right of way line of Elizabeth Street as established on said
recorded plat of Pueblo Crossing Filing No. 1; thence along said westerly right of way
line the following two (2) courses:
I . Along the are of a non - tangent curve to the right whose center bears
S 33 °41'20 "E having a central angle of 41 °38'38" and a radius of 680.00 feet a distance
of 494.24 feet;
2. S 14 °40'02 "E a distance of 142.51 feet to the NE comer of said Lot 2;
Thence S 75 °19'58 "W along the north line of said Lot 2 a distance of 926.76 feet to the
POINT OF BEGINNING.
Said Parcel contains 11.51 acres more or less.
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A parcel of land located within the SW 1/4 of Section 1, Township 20 South, Range 65
West of the Sixth Principal Meridian, being more particularly described as follows:
BEGINNING at the NW comer of Lot 6, Pueblo Crossing Filing No. 1 according to the
recorded plat thereof filed for record December 18, 2003 at Reception No. 1542506 in the
records of the Pueblo County Clerk and Recorder from which the SW comer of Section 1
bears S 60 °26'08 "W (bearings based on the west line of said SW 1/4 monumented at the
SW corner with a 3" brass cap on a 2" iron pipe PLS 9009 to the W 1/4 corner with a 1
1/2" aluminum Tri-Co cap PLS 7168 assumed to bear N 07 0 03'43 "E) a distance of
2300.30 feet; thence along the easterly right of way line of Elizabeth Street as
established on said recorded plat of Pueblo Crossing Filing No. 1 the following two (2)
courses;
1. N 14 °40'02 "W a distance of 164.60 feet;
2. Along the arc of a curve to the left having a central angle of 30 °01'28" and a
radius of 780.00 feet a distance of 408.08 feet;
Thence N 45 °18'30 "E a distance of 90.44 feet; thence N 60 °06'52 "E a distance of
282.74 feet; thence S 22 °25'30 "E a distance of 206.98 feet; thence N 62 °34'52 "E a
distance of 41.68 feet; thence S 21'01'17"E a distance of 315.81 feet; thence
S 14 °40'02 "E a distance of 164.60 feet to the NE comer of said Lot 6; thence
S 75'19'58"W along the north line of said Lot 6 a distance of 350.00 feet to the PONT
OF BEGINNING.
Said Parcel contains 5.07 acres more or less.
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: Pueblo Crossing Subdivision Filing No. 2
DEVELOPER: W.L. Enterprises, LTD, A New Mexico Limited Partnership
ENGINEER: Mangini Reeves, Inc.
Itemization of Required Public Improvements
(Use Unit Prices Approved by Public Works in Preparation of Exhibit `B ")
This is an estimate only. Actual construction costs may vary.
PREPARED BY:Joseph V. Gagliano
FIRM: Mangini Reeves, Inc.
The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and
the Plans and Specifications therefore constitute all of the public improvements required to be
installed and constructed for the Subdivision by Chapter 4, Title XII of the Pueblo Municipal
Code and the standards and specifications approved by City Council, (ii) the quantities of
construction elements shown hereon accurately depicts the quantities necessary to construct the
Required Public Improvements and (ii) the unit prices shown hereon are the most current unit
prices provided by the City of Pueblo.
[P.E. SEAL] p`'; � � �
c '1 ofessiona Engir eer Date
REVIEWED BY:
ACCEPTED BY:
L.
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ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(PHASED CONSTRUCTION)
This Addendum shall be incorporated in and become a part of the
Noue *,den. 30 QOX Subdivision Improvements Agreement for Pueblo Crossing Filing
No. 2 (herein the "Subdivision ") and enforceable as provided in said Subdivision
Improvements Agreement (herein the "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, including certain Off Site Improvements, as detailed in Exhibit B of the
SIA 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 ". That portion of the Exhibit B that details the Off Site
Improvements for the West Phase shall be modified upon approval by the Director of
Public Works of the final design drawings for those improvements by the Developer's
Engineer.
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
IIIIIII VIII IIIIIII III IIIIII
IN III lull IIII 1111 1 705316 47P D 0.00
to the benefit of the City and Subdivider and their respective heirs, personal
representatives, successors, and assigns.
Executed at P - � � - , as of -Vpo -o ti ZO 20 ,rli
WL Enterprises, Ltd.
a New Mexico limited partnership
Subdivider
By — OV Lovela y, Genera Partner
IU QW -77-4t/4 f _ D
STATE OF GehORAI)O')
a W-Vk�
COUNTY OFP G )
The foregoing instrument was acknowledged before me this 2� A day of
Aj 1 2006, by Wayne Lovelady as General Partner, WL Enterprises, Ltd.,
Subdivider. a New Mexico limited
partnership
Witness my hand and official seal.
My commission expires: /0.44,4&2. 1 / " G 7
1!c" ,
r )4�
Notary Public
CITY OF PUEBLO,
a Munici Corporation
By
PresidcYrr6f the Council
II I 111 III 11 1 II VIII 111 ��11 III 1705316
4,P
Chris C. Munoz PuehloCtyClk6Rec ADD AGRR 16.00 D 0.00
ADDENDUM TO SUBDIVISION IMPROVEMENTS
AGREEMENT EXHIBIT "A"
The Subdivider will develop the Subdivision in separate phases in the following
sequence:
(a) East Phase (Phase I) shall consist of the following lots within the Subdivision:
Lots 2 and 3.
(b) West Phase (Phase II) shall consist of the following lots within the Subdivision:
Lot 1
Reception 1705317
12/08/2006
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
PUEBLO CROSSING FILING NO. 2.
This Addendum shall be incorporated in and become a part of the
November 3D , 2006, Subdivision Improvements Agreement for the
Pueblo Crossing Filing No. 2 Subdivision (herein the "Subdivision ") and
enforceable as provided in said Subdivision Improvements Agreement (herein
the "SIA ").
Whereas, the Subdivision is being constructed in accordance with a
Phased Construction Addendum, and
Whereas the Phased Construction Addendum provides for an East Phase
and a West Phase of the Subdivision, and
Whereas, there are certain off site improvements to Eagleridge Boulevard,
and Elizabeth Street, which are reflected on the attached Exhibit "C (herein the
"Off Site Improvements ")and,
Whereas, the Off Site Improvements are entirely off site from the
Subdivision with a portion of the Off Site Improvements tied to the East Phase
and a portion tied to the West Phase, all as reflected upon the Phased
Construction Addendum as shown on the attached Exhibit "C ".
Now therefore,
In consideration of the approval of the Subdivision by the City of Pueblo
upon recordation of the Subdivision plat and transfer to ORIX of title and prior to
obtaining a building permit for structures ORIX MK Pueblo Crossing Venture
( "Developer") will escrow with the City of Pueblo, pursuant to an Escrow
Agreement, in the form attached hereto, the sum of $ 362,355.40. The escrow
has been made based upon the estimate prepared by the Developer's Engineer
and approved by the Director of Public Works for the Off Site Improvements to be
done as reflected on Exhibit C. Developer has contracted with SEH ( "Traffic
Consultant') for a traffic impact analysis (herein the "TIA ") with regard to the
Eagleridge Boulevard/ Elizabeth Street intersection improvements. The final
plans for Elizabeth Street Off Site Improvements will be based upon the TIA
prepared by the Traffic Consultant.
Upon the periodic partial completion of the work , but not more frequently
than every 45 days and acceptance of such work for each phase of Off -Site
Improvements, invoices reflecting actual amounts paid for the work for the Off
Site Improvements will be presented to the Director of Public Works for review
and approval. Upon review and confirmation by the Director of Public Works of
the invoices and actual amounts paid for work done for the Off Site
Improvements the Director of Public Works will direct the release of funds from
the escrow in an amount reflecting actual amounts expended as confirmed by the
Director of Public Works review. While the above referenced escrow of funds will
satisfy the provisions of Section 6 of the SIA it is agreed and understood that
except as expressly modified by this Addendum, the Escrow Agreement and the
Phased Construction Addendum, the provisions of the SIA remain in full force
and effect. By way of reference only, and not by way of limitation, compliance
with Section 7 of the SIA will be a requirement.
Upon the completion of the TIA, final design and plans related to Elizabeth
Street/West Phase Off Site Improvements will be completed. The construction of
the West Phase will be subject to the requirements of the SIA relating to
construction of Required Public Improvements, including but not limited to the
West Phase Off Site Improvements, for the timely construction or escrow of
funds. Prior to issuance of a building permit for any structure within the West
Phase the total amount required to be escrowed for construction of the Off Site
Improvements for the West Phase will be equal to one hundred fifty percent
(150 %) of the estimated cost of construction of the West Phase Off Site
Improvements ( as such estimated cost is determined after the final design and
plans are completed based upon the TIA, as referenced above). Funds which
remain in escrow after the completion of the East Phase Off Site Improvements,
and reimbursement for same as contemplated herein, will be considered and
applied to the escrow that is required for the West Phase Off Site Improvements.
The covenants of this Addendum shall run with the land within the
Subdivision and shall extend to, be binding upon, and inure to the benefit of the
City of Pueblo and Subdivider and their respective heirs, personal
representatives, successors and assigns. This addendum may be specifically
enforced against the Subdivider and subsequent owners of lots within the
Subdivision.
Executed at Pueblo, Colorado as of the date and year stated above.
SUBDIVIDER: PUEBLO, A MUNICIPAL CORPORATION
WL Enterprises,Ltd
a New Mexico limited partn hip
By.
Name:Wayne Lovelady
Title:General Partner
DEVELOPER:
Deleted: At the time of appli cation
J
Deleted: for
IIII IIII IIIII II VIII IIII IIIII IIIII I I IIII
12/08/2006 01:47P
Chris C. Munoz PuebloCtyClkBReo ADD AGRR 26.00 D 0.00
ORIK MK Crossing Venture
an Illinois General Partnership
By: ORIX Pueblo, LLC, an Illinois limited liability company, a general partner
By: ORIX Real Estate Capital, Inc.
a Delaware corporation, its sole member
and CEO
Illllll lull 111111111111111111111111111111111 t
Page: 053 01 47P
QGRR 26.00 D 0.00
Pueblo Crossing
Filing No. 2
Exhibit C
1 7053 7
1111111111111111111111111111111111111111111111111111111 e47P D 0.00
Chris C. Munoz Pusb1oCtYC1k&ReoAD0 AGRR
Prepared by dcm 11/30/2006 Page 1
-ITEM
QTY
UNIT
.UNIT PRICE
ESTIMATED
PRICE �
s .
.NOTES':
East Phase Offsite
Roadway Improvements - Including additional lane on Eagleridge
between Elizabeth and southbound off-ramp of I -25.
Ea lerid e
Street
Demo
7800
SF
$ 2.50
$ 19,500.00
Sawcut
600
LF
$ 2.00
$ 1,200.00
12" Asphalt on 6" Base
Course
900
SY
$ 30.50
$ 27,450.00
1" Asphalt Overlay
0
Ton
$ 46.50
$ -
Striping
550
LF
$ 3.50
$ 1,925.00
Square Pans
800
SF
$ 4.00
$ 3,200.00
Reset Fire Hydrants
1
EA
$ 3,200.00
$ 3,200.00
Concrete
Curb & Gutter
600
LF
$ 10.50
$ 6,300.00
Sidewalk
3600
SF
$ 2.50
$ 9,000.00
Traffic Signal
36" Signal Foundation
1
1 EA
$ 4,000.00
$ 4,000.00
Pull Box
1
I EA
$ 650.00
$ 650.00
2 -3" Conduit
300
LF
$ 15.00
$ 4,500.00
Install Signal Face
4
EA
$ 280.00
$ 1,120.00
Reset Camera
1
EA
$ 800.00
$ 800.00
Traffic Control
1
LS
$ 9,000.00
$ 9,000.00
Mobilization
1
LS
$ 7,000.00
$ 7,000.00
Construction Survey
1
LS
$ 2,000.00
$ 2,000.00
Reset Signs
3
EA
$ 103.00
$ 309.00
Mast Arm
1
1 EA
$ 5,000.00
$ 5,000.00
Outside of ROW
Reset Sin
1
EA
$ 10,000.00
$ 10,000.00
Estimate Only
Reset Electric or Phone Box
2
EA
$ 5,000.00
$ 10,000.00
Estimate Only
SUBTOTAL
$ 126,154.00
5 En ineerin
$ 6,307.70
5% Continge nc
$ 6,307.70
TOTAL
$138,769.40
1 7053 7
1111111111111111111111111111111111111111111111111111111 e47P D 0.00
Chris C. Munoz Pusb1oCtYC1k&ReoAD0 AGRR
Prepared by dcm 11/30/2006 Page 1
Pueblo Crossing
Filing No. 2
Exhibit C
11111111111111111111111111111111111111111111111 P 0 0 531 7 47,
R 26.00 D 0.00
Prepared by dcm 11/30/2006 Page 2
ITEM
QTY
I UNIT
UNIT PRICE
PRICE,
NOTES
West Phase Offsite
Roadway Improvements - Including additional lane on Elizabeth
between Eacileridge and Wingate drivewa
Elizabeth St.
Street
Demo
11500
SF
$ 2.50
$ 28,750.00
Sawcut
1000
LF
$ 2.00
$ 2,000.00
12" Asphalt on 6" Base
Course
1300
BY
$ 30.50
$ 39,650.00
1 " Asphalt Overla
300
Ton
$ 46.50
$ 13,950.00
Striping
1500
LF
$ 3.50
$ 5,250.00
Square Pans
800
SF
$ 4.00
$ 3,200.00
Reset Fire Hydrants
1
EA
$ 5,000.00
$ 5,000.00
Concrete
Curb & Gutter
1000
LF
$ 10.50
$ 10,500.00
Sidewalk
6300
SF
$ 2.50
$ 15,750.00
Traffic Signal
36" Signal Foundation
3
EA
$ 4,000.00
$ 12,000.00
Pull Box
3
EA
$ 650.00
$ 1,950.00
2 -3" Conduit
900
LF
$ 15.00
$ 13,500.00
Install Signal Face
12
EA
$ 280.00
$ 3,360.00
Reset Camera
3
EA
$ 800.00
$ 2,400.00
Traffic Control
1
LS
$ 9,000.00
$ 9,000.00
Mobilization
1
LS
$ 7,000.00
$ 7,000.00
Construction Survey
1 LS $ 5,000.00 $ 5,000.00
Outside of ROW
Reset Electric or Phone Box
5
EA
$ 5,000.00
$ 25,000.00
Estimate Only
SUBTOTAL
$ 203,260.00
5 % Engineering
$ 10,163.00
5 % Contingency
$ 10,163.00
TOTAL
$223,586.00
NOTE:
THIS ESTIMATE IS BASED ON CONCEPTUAL LANE GEOMETRY DEVELOPED BY MANGINI REEVES, INC.
WHICH HAS NOT BEEN REVIEWED OR APPROVED BY CDOT OR THE CITY OF PUEBLO. THIS IS NOT AN
ESTIMATE FOR CONSTRUCTION AND SHOULD BE USED FOR BUDGET PURPOSES ONLY.
11111111111111111111111111111111111111111111111 P 0 0 531 7 47,
R 26.00 D 0.00
Prepared by dcm 11/30/2006 Page 2
Reception 1705318
12/08/2006
ESCROW AGREEMENT
THIS AGREEMENT, made and entered into this 36 / t - day of
1 6 o e & G eti 2006, by and between the CITY OF PUEBLO, a Municipal
Corporation, hereinafter referred to as "City ", and WL Enterprises, Ltd., hereinafter
referred to as "Subdivider ", ORIX MK Crossing Venture, an Illinois General
Partnership, "Developer "and Lawyers Title of Pueblo, Inc., hereinafter referred to as
"Escrow Agent ".
WITNESSETH:
WHEREAS, Subdivider is the owner of a certain tract of land located in the
City and legally described as set forth in Exhibit "A ", which is attached hereto and
incorporated herein; and
WHEREAS, Subdivider is required, pursuant to Section 12- 4 -7(J) of the 1971
Code of Ordinances of the City, to construct certain public improvements as set forth
in Exhibit "C ", these particular public improvements being in the nature of off site
improvements, which is attached hereto and incorporated herein; and
WHEREAS, the Subdivider and Developer agree that the estimate approved by
the City Director of Public Works to construct and install such improvements is
reasonable; and
WHEREAS, Developer agrees to establish an Escrow Account to guarantee
payment of the costs of installation and construction of said public improvements
according to City's Subdivision Regulations and this Agreement.
NOW THEREFORE, in consideration of the City approving the plat for
Pueblo Crossing Filing Nn 7
Subdivision,
I. Subdivider and Developer agree:
1. To establish an Escrow Account with Escrow Agent and to deposit
C ����� �� ���
IIIIII IN IIIIIII III IIIII IIII 1111 00 1 705318 47P
with Escrow Agent $362,355.40 being an amount equal to the
estimate of the public improvements required by the City Subdivision
Regulations and the City Director of Public Works as described in Exhibit
"C ", which is attached hereto and incorporated herein. It is agreed that
any interest on the Escrow Account will accrue to the Subdivider and
Developer and may be paid to the Subdivider and Developer after
deducting any unpaid escrow fees, charges, or expenses monthly or at
such other time as Escrow Agent and Subdivider and Developer agree.
2. To install the required public improvements in said Subdivision as
described in Exhibit "C ", as amended for the West Phase work following
submittal and approval of final design of the West Phase Off Site
Improvements by Developer's Engineer.
That the funds deposited in the Escrow Account may be withdrawn at
the discretion of the City upon written request by the City's Director of
Public Works delivered to Escrow Agent, Subdivider and Developer.
4. When Subdivider or Developer completes and the City has accepted all or
a portion of the required Off Site Improvements for a phase as described in
Exhibit "C ", Subdivider or Developer may apply to the City for a release of the
amount in the Escrow Account based upon the actual costs as evidenced by
invoices submitted to the Director of Public Works, andupon written notice of the
City's Director of Public Works to the Escrow Agent, Escrow Agent shall release
said escrowed funds to the Subdivider and/or Developer as directed by the
Director of Public Works. Application for partial payments may not be made
more frequently than every 45 days and application for partial payments will not
be made in amounts of less than $30,000. Developer agrees that it will provide a
spread sheet, based upon Exhibit C, delineating the amounts requested with each
payment request and the amounts paid as the result of any previous payment
request. Developer agrees that it will not submit more than three requests for
payment for the East Phase work, nor more than three requests for payment for
the West Phase work, as such work is generally described on the attached Exhibit
C.
II. Escrow Agent agrees:
5. That $362,355.40 has been deposited by Developer, and Escrow
Agent has established an Escrow Account to be held by the Escrow Agent
and disbursed and paid only as herein provided.
6. To release from said Escrow Account and pay out therefrom only such
escrowed funds as Escrow Agent shall be directed to release and pay by
written direction from the City's Director of Public Works.
2
1111111111111111 1 X11III11111 1111 1 Page: 053 e$a7P
Chris C. Munoz PuebloC[yClk &Reo ESC AG R 36.00 D 0.00
In the event that Subdivider or Developer fail to install all or any part of
the required public improvements described in Exhibit "C ", on or before
two (2) years from the date of this Escrow Agreement, Escrow Agent
shall, upon demand from the City's Director of Public Works, pay the
balance remaining in the Escrow Account to the City, and the City may
use the amount so paid to complete all or any part of the said
improvements. Upon request of the Developer or Subdivider the City
Director of Public Works may extend this period of time to allow for
delays that may occur. .
IIl. The City agrees:
8. To accept this Escrow Agreement as Subdivider's and
Developer's guarantee of the completion of the improvements described in
Exhibit "C" and required by the City Subdivision Regulations and
Ordinances.
9. To have the City's Director of Public Works or his designee periodically
inspect said improvements while under construction and inspect
completed improvements within a reasonable time after receiving
written notice that the improvement has been completed. The City's
Director of Public Works shall notify the Subdivider and Developer
within 30 days after inspection of the required public improvements if the
same are satisfactorily completed and approved by the City and if so
satisfactorily completed and approved, the Director of Public Works shall
authorize a partial release and payment of said escrowed funds to be made
to Subdivider and /or Developer in an amount determined by the Director
of Public Works based on the percentage of improvements completed and
approved.
IV. Instructions to Escrow Agent:
10. The Escrow Agent shall not be personally liable for any act it may do or
omit to do hereunder as such agent, while acting in good faith and in the
exercise of its own best judgment.
11. The Escrow Agent is hereby expressly authorized to comply with and
obey any and all orders, judgments, or decrees of any court of competent
jurisdiction relating to this transaction, and in case the said Escrow Agent
obeys or complies with any such order, judgment, or decree of any such
court, it shall not be liable to any of the parties hereto or to any other
person, firm, or corporation by reason of such compliance,
notwithstanding any such order, judgment, or decree by subsequently
1705318
VIII VIII VII III I III IIIIII III 1FI I I 00 290 8/ 2 0 0001 :47P
reversed, modified, annulled, set aside, or vacated, or found to have been
entered without jurisdiction.
12. If at any time a dispute shall exist as to the duty of the Escrow Agentl
under the terms thereof, the Escrow Agent may deposit the documents
and money in its hands, with the Clerk of the District Court of the County
of Pueblo, and State of Colorado, and may interplead the parties hereto.
Upon so depositing such documents and money and filing its complaint
in interpleader, the Escrow Agent shall be released from all liability,
under the terms hereof, as to the documents and money so deposited.
The parties hereto, for themselves, their heirs, successors, and assigns,
do hereby submit themselves to the jurisdiction of said Court.
13. In consideration of the acceptance of this Agreement by the Escrow
Agent, Subdivider, Developer and City agree, jointly and severally, for
themselves, their heirs, executors, administrators, successors, and assigns,
to indemnify and hold Escrow Agent harmless as to any liability by it
incurred to any other person or corporation by reason of its having
accepted the same, or in connection herewith. Developer and Subdivder
agree to reimburse Escrow Agent for all its fees, expenses, including,
among other things, counsel fees and court costs incurred in connection
herewith. City, Developer and Subdivider agree that the Escrow Agent
shall have a first and prior lien upon all deposits made hereunder to secure
the performance of said agreement of indemnity and the payment of its
fees, charges, and expenses. Escrow fees or charges as distinguished from
other expenses hereunder, shall be as written above the Escrow Agent's
signature at the time of its acceptance hereof.
CITY OF UEBLO
c
c
By
Presr of City Council
A ST: \ y City erk �o�®�rp WL Enterprise , ,Ltd.
S DIVID a w � lVe cio limited
� �p
b Wayy L$vel Partner, WL
Subscribed and sworn to before me Mils ay o �,
�pG . My commission expires: 3 zoQ Enterprises
Ltd. a New /�
64 _ mox ico 1imitQ,ot
L. �� Notary Public partnership
4�
rA
0
By; ORIX Pueblo, LLC, an Illinois limited
Liability company, a general partner
By: ORIX Real Estate Capital, Inc.
a Delaw c oration, its sole member
avid rown, President and CEO
Subscribed and sworn to before me this IS 'day of AIMO PLW , 2006 by David
R. Brown, President and CEO ORIX Real Estate Capital, Inc., sole member of ORIX
Pueblo, LLC, general partner of ORIX MK Crossing Venture.
My Commission expires: 4 •Q,
star 111inois
N
ESCROW AGENT
r
Subscribed and sworn to before me this 1" day o f.! �iLX� L14� �, •
My commission expires: /�
;'
titi .
Notary Public (j
+.PUBLIC
17O5
7
III 1111 1111 1 1111111 I V III III
Chris C. Munoz Pueb1oCtyC1k &Rec ESC AG R 36.00 D 0.00
DEVELOPER
ORIX MK Crossing Venture
an Illinois General Partnership
By; ORIX Pueblo, LLC, an Illinois limited
Liability company, a general partner
By: ORIX Real Estate Capital, Inc.
a Delaw c oration, its sole member
avid rown, President and CEO
Subscribed and sworn to before me this IS 'day of AIMO PLW , 2006 by David
R. Brown, President and CEO ORIX Real Estate Capital, Inc., sole member of ORIX
Pueblo, LLC, general partner of ORIX MK Crossing Venture.
My Commission expires: 4 •Q,
star 111inois
N
ESCROW AGENT
r
Subscribed and sworn to before me this 1" day o f.! �iLX� L14� �, •
My commission expires: /�
;'
titi .
Notary Public (j
+.PUBLIC
Pueblo Crossing
Filing No. 2
Exhibit C
Chris C Munoz 111111IIIiI1111111111lillll 111 Hill 0 1111
D 0.00
Prepared bydcm 11/30/2006 Page 1
ITEM
QTY
UNIT
UNIT PRICE :
ESTIMATED
PRICE . `;
NOTES':
East Phase Offsite
Roadway Improvements - Including additional lane on Eagleridge
between Elizabeth and southbound off-ramp of I -25.
Ea lerid e
Street
Demo
7800
SF
$ 2.50
$ 19,500.00
Sawcut
600
LF
$ 2.00
$ 1,200.00
12" Asphalt on 6" Base
Course
900
SY
$ 30.50
$ 27,450.00
1" Asphalt Overlay
0
Ton
$ 46.50
$ -
Striping
550
LF
$ 3.50
$ 1,925.00
Square Pans
800
SF
$ 4.00
$ 3,200.00
Reset Fire Hydrants
1
EA
$ 3,200.00
$ 3,200.00
Concrete
Curb & Gutter
600
LF
$ 10.50
$ 6,300.00
Sidewalk
3600
SF
$ 2.50
$ 9,000.00
Traffic Signal
36" Signal Foundation
1
EA
$ 4,000.00
$ 4,000.00
Pull Box
1
EA
$ 650.00
$ 650.00
2 -3" Conduit
300
LF
$ 15.00
$ 4,500.00
Install Signal Face
4
EA
$ 280.00
$ 1,120.00
Reset Camera
1
EA
$ 800.00
$ 800.00
Traffic Control
1
LS
$ 9,000.00
$ 9,000.00
Mobilization
1
LS
$ 7,000.00
$ 7,000.00
Construction Survey
1
1 LS
$ 2,000.00
$ 2,000.00
Reset Signs
3
EA
$ 103.00
$ 309.00
Mast Arm
1
EA
$ 5,000.00
$ 5,000.00
Outside of ROW
Reset Sin
1
EA
$ 10,000.00
$ 10,000.00
Estimate only
Reset Electric or Phone Box
2
EA
$ 5,000.00
$ 10,000.00
Estimate only
SUBTOTAL
$ 126,154.00
5 En ineeri
$ 6,307.70
5% Conting nc
$ 6,307.70
TOTAL
$138,769.40
Chris C Munoz 111111IIIiI1111111111lillll 111 Hill 0 1111
D 0.00
Prepared bydcm 11/30/2006 Page 1
Pueblo Crossing
Filing No. 2
Exhibit C
IIIIIIIIIIIIIIIIIIIIII
IIIIII IIIIIII11111111111111110P 0053
01:47P
Prepared by dcm 11/30/2006 Page 2
ITEM
I QTY
UNIT
UNIT PRICE
STIMATED
I PRICE'-
NOTES!
West Phase Offsite
Roadway Improvements - Including additional lane on Elizabeth
between Ea lerid a and Wingate drivewa
Elizabeth St.
Street
Demo
11500
SF
$ 2.50
$ 28,750.00
Sawcut
1000
LF
$ 2.00
$ 2,000.00
12" Asphalt on 6" Base
Course
1300
SY
$ 30.50
$ 39,650.00
1" Asphalt Overlay
300
Ton
$ 46.50
$ 13,950.00
Striping
1500
LF
$ 3.50
$ 5,250.00
Square Pans
800
SF
$ 4.00
$ 3,200.00
Reset Fire Hydrants
1
EA
$ 5,000.00
$ 5,000.00
Concrete
Curb & Gutter
1000
LF
$ 10.50
$ 10,500.00
Sidewalk
6300
SF
$ 2.50
$ 15,750.00
Traffic Signal
36" Signal Foundation
3
EA
$ 4,000.00
$ 12,000.00
Pull Box
3
EA
$ 650.00
$ 1,950.00
2 -3" Conduit
900
LF
$ 15.00
$ 13,500.00
Install Signal Face
12
EA
$ 280.00
$ 3,360.00
Reset Camera
3
EA
$ 800.00
$ 2,400.00
Traffic Control
1
LS
$ 9,000.00
$ 9,000.00
Mobilization
1
LS
$ 7,000.00
$ 7,000.00
Construction Survey
1 LS $ 5,000.00 1 $ 5,000.00
Outside of ROW
Reset Electric or Phone Box
5
EA
$ 5,000.00
$ 25,000.00
Estimate only
SUBTOTAL
$ 203,260.00
5 % Engineering
$ 10,163.00
5 %Contingency
$ 10,163.00
TOTAL
$223,586.00
NOTE:
THIS ESTIMATE IS BASED ON CONCEPTUAL LANE GEOMETRY DEVELOPED BY MANGINI REEVES, INC.
WHICH HAS NOT BEEN REVIEWED OR APPROVED BY CDOT OR THE CITY OF PUEBLO. THIS IS NOT AN
ESTIMATE FOR CONSTRUCTION AND SHOULD BE USED FOR BUDGET PURPOSES ONLY.
IIIIIIIIIIIIIIIIIIIIII
IIIIII IIIIIII11111111111111110P 0053
01:47P
Prepared by dcm 11/30/2006 Page 2
Reception 1705319
12/08/2006
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 5 " day of �4y*. �?ee6 , by
WL ENTERPRISES, LTD., A NEW Grantor, to PUEBLO, a Municipal Corporation, Gran tee:
- MEXICO LIMITED PARTNERSHIP
WITNESSETH:
THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable
consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to
Grantee, its successors and assigns, an easement and right of way for the purpose of Drainage
in, through. over. under and across Grantor's property situated in Pueblo County,
Colorado, commonly known as Vacant Land and described as follows: (the
"P roperty „)
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 5 day of .Zoeb
GRANTOR
By: �.�v�laoo1.�J %�2, f�ivre
DEE ROGERS ROWN, PROJECT MANAGER
COUNTY OF PUEBLO ) WL ENTERPRISES, LTD„ A NEW MEXICO
) SS. LIMITED PARTNERSHIP
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this 6 day of
D, by DEE ROGERS- BROWN, PROJECT MANAGER
- WL ENTERPRISES, LTD., A NEW MEXICO LIMITED PARTNERSHIP
..„itness my hand and official seal.
S�
Y ission expires: Mp I - I
Notary Public
3
47P
EXHIBIT "A"
An easement for the purpose of drainage located within a portion of the SW 1/4 of Section 1,
Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly
described as follows:
COMMENCING at the NW corner of Lot 6 Pueblo Crossing Filing No. 1 according to the
recorded plat thereof filed for record December 18, 2003 at Reception No. 1542506 in the
records of the Pueblo County Clerk and Recorder said point also being on the easterly right of
way line of Elizabeth Street, thence along the easterly right of way of Elizabeth Street the
following two (2) courses:
1. N 14 °40'02 "W (bearings based on the north line of the said Lot 6 monumented at both
ends with a No. 4 rebar and a yellow plastic surveyors cap affixed to the top, PLS
16128 to bear N 75'19'58"E as established on the recorded plat of Pueblo Crossing
Filing No. 1) a distance of 164.60 feet;
2. Along the arc of a curve to the left having a radius of 780.00 feet, a central angle of
30 °01'28" a distance of 408.74 feet to the POINT OF BEGINNING;
Thence continuing along said easterly right of way line along the arc of a curve to the left
having a radius of 780.00 feet, a central angle of 3 °14'02" a distance of 44.02 feet; thence N
45 1 18'30 "E a distance of 97.40 feet; thence N 60 °06'52 "E a distance of 556.94 feet to a point
on the westerly right of way line of Colorado Interstate No. 25; thence along said westerly
right of way line the following two (2) courses:
1. Along the arc of a non - radial curve to the left whose center bears N 78'34'14"E
having a radius of 5830.00 feet, a central angle of 1 °50'06 ", a distance of 186.72 feet;
2. Thence S 13 °15'52 "E a distance of 600.91 feet to the NE corner of Parcel A of said
Pueblo Crossing Filing No. 1;
thence S 75 1 19'58 "W along the north line of said Parcel A, a distance of 121.71 feet to the
NE comer of said Lot 6; thence N 14 °40'02 "W a distance of 164.60 feet; thence
N 21 *01' 17 "W a distance of 315.81 feet; thence S 62 °34'52 "W a distance of 41.68 feet;
thence N 22 °25'30 "W a distance of 206.98 feet; thence S 60 °06'52 "W a distance of 282.74
feet; thence S 45 °18'30 "W a distance of 90.44 feet to the POINT OF BEGINNING
County of Pueblo, State of Colorado.
Said Parcel contains 3.38 acres more or less.
Rand . Reeves PLS 22101
IIIIIII Munoz 1111111 PuebloCtyClk&Reo llll 1EASE 1111111111 90 0053 1 :47P ris 0
�X M^Ir
IIIIIII VIII IIIIIII III IIIIII IIII IIIIIII EASE III IIII IIII 12 /0 8/2006 053 0` :47P
Chris C. Munoz P
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DRAINAGE EASEMENT
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= NO. 4 REBAR WITH
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PLS NO. 16128
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LENGTH
0
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1 44.02
1 780.00
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LINE TABLE
LINE
LENGTH
BEARING
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41.68
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L2
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Asamp" fam
Professional Engineers and Professional Land Surveyor
ale N.M Si: h S - N.bb, M
(719) 54{-0665 Fax Mg) 5 W76
Reception 1705320
12/08/2006
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this day of 3r,Z Zvo.6 , by
WL ENTERPRISES, LTD., ANEW P , Grantor, to Pueblo, a Municipal Corporation, Grantee:
MEXICO LMTED PARTNERSHI
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 Draina private utilities, ingress and egress , in, through, over, under and across Grantor's
property situated in Pueblo County, Colorado described in the attached Exhibit "A" (the
Property).
Grantor shall install Drainage, private utilities, and driveway
in the Property in accordance with plans and specifications therefore approved by, and on file
with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and
condition, and repair and replace the Facilities.
Grantee shall have the right at its option (but not the obligation) to inspect, control,
maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an
administrative charge of 15% from the Grantor. For such purposes, Grantee is granted the right
to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect,
control, maintain, repair or replace the Facilities shall not subject the Grantee to any liability for
such failure.
Grantor reserves the right to use and occupy the Property for any purpose not inconsistent
with the privilege above granted and which will not interfere with or endanger any equipment or
facilities therein or use thereof. Such reservation by the Grantor shall in no event include the
right to locate or erect or cause to be located or erected on the Property any building or any other
structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and
to the Property and full power to grant this easement and right -of -way, and (b) will defend
Grantee's quiet and peaceful possession of the Property and easement and right -of -way against
all persons who may lawfully claim title to the Property.
DPW 110
12/03/98
1705320
III I VIII IIIIII III VIII IIII II III III VIII III IIII
Pa
208201 :47P
Chris 0. Munoz PuebjoCtyC1k&Rsc EASE R 00 / 0.00
"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 5 day of Irk .Zoo(p
By:
DEE ROGERS- BROWN, PROJECT MANA ER 4
WL ENTERPRISES, LTD., A NEW MEXICO LIMITED
PARTNERSHIP
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
The f o r egoing instrument was acknowledged before me this 5 day of
l�p� I n
a�� 2
�`) m(o by WL ENTERPRISES LTD., NEW MEXICO LIMITED
PARTNERSHIP
„. „Witness my hand and official seal.
IOTA y ,
mmission Expires:
p LV G , P_ Notary Public
2
EXHIBIT "A"
A 63.00 foot easement for the purpose of drainage, private utilities, ingress and egress
located within a portion of the SW 1/4 of Section 1, Township 20 South, Range 65 West
of the Sixth Principal Meridian, being more particularly described as follows:
COMMENCING at the NW corner of Lot 2 Pueblo Crossing Filing No. 1 according to
the recorded plat thereof filed for record December 18, 2003 at Reception No. 1542506 in
the records of the Pueblo County Clerk and Recorder, thence N 15 °42'29 "W (bearings
based on the north line of the said Lot 2 monumented at both ends with a No. 4 rebar and
a yellow plastic surveyors cap affixed to the top, PLS 16128 to bear N 75 °19'58 "E as
established on the recorded plat of Pueblo Crossing Filing No. 1) a distance of 289.83
feet; thence S 74 °17'31 "W a distance of 81.00 feet; thence N 13 0 06'53 "W a distance of
242.49 feet to the POINT OF BEGINNING; thence N 13 °06'53 "W a distance of 63.02
feet; thence N 75 °19'58 "E a distance of 737.35 feet; thence N 33 °41'20 "E a distance of
71.83 feet to a point on the westerly right of way line of Elizabeth Street as shown on the
aforementioned plat of Pueblo Crossing Filing No. 1; thence S 56 °18'40 "E along said
westerly right of way a distance of 63.00 feet; thence S 33 °41'20 "W a distance of 95.79
feet; thence S 75 °19'58 "W a distance of 763.01 feet to the POINT OF BEGINNING,
County of Pueblo, State of Colorado.
Said Parcel contains 1.21 acres more or less.
Randy Reeves PLS No. 22101
12
Date
IIIIIII IIIII IIIIIII 111111111111111111111111111111111111 P 0 05320
Chris C. Munoz PUeb1oCtyCIkSReo EASE R 26.00 D 0.00
12- 5 -06 Page 1
COORDINATE FILE : 05117.CRD
21 Das;1;7;6;.02; 16491.96, 9521.37;;4 ^15.4229; 289 .83;3 ^74.1731;81;4 ^13.0653;24
2.49;
MAP CHECK #1 - INPUT COURSES
FROM B
BEARING /ANGLE D
DISTANCE TO N
NORTH E
EAST E
ELEV
16491.9600 9
9521.3700
NW 1
15 4
42 2
289.830 1
16770.9659 9
9442.9026
SW 7
74 1
17'31.00" 8
81.000 1
16749.0363 9
9364.9277
NW 1
13 0
06'53.00" 2
242.490 1
16985.2016 9
9309.9063
NW 1
13 0
06'53.00" 6
63.020 1
17046.5779 9
9295.6070
NE 7
75 1
19'58.00" 7
737.350 1
17233.2783 1
10008.9288
NE 3
33 4
41 7
71.830 1
17293.0453 1
10048.7717
SE 5
56 1
18'40.00" 6
63.000 1
17258.1003 1
10101.1916
SW 3
33 4
41'20.00" 9
95.790 1
17178.3971 1
10048.0585
SW 7
75 1
19'58.00" 7
763.010 1
16985.1995 9
9309.9129
SE 1
13 0
06'53.00" 2
242.490 1
16749.0342 9
9364.9343
NE 7
74 1
17'31.00" 8
81.000 1
16770.9638 9
9442.9092
SE 1
15 4
42'29.00" 2
289.830 1
16491.9579 9
9521.3766
CLOSURE:
NW 7
72 2
20'59.55" .
.007 1
16491.9600 9
9521.3700
ERROR: -
-.0021 .
.0066
1 PART IN 4
436128
PERIMETER A
AREA (sq £
£t) AREA (
(acres)
3020.6468 5
52544.80 1
1.21
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Reception 1705321
12/08/2006
P.O. Box 11677
Pueblo, CO 81001 -0677
719. 583 -2357
Fax 719 -544 -9801
November 30, 2006
Mr. Daniel E. Centa
Director of Public Works
City of Pueblo
111 E. `D' Street
Pueblo, CO 81003
Re: Pueblo Crossing Filing No. 2, Eagleridge off sites
Dear Mr. Conte
This will confirm that a construction permit will not be applied for nor will
construction be commenced upon the Pueblo Crossing Filing No.2, East Phase
off site construction of the Eagleridge Blvd. acceleration and deceleration lane
until such time as it is determined that necessary easements for the curb, gutter
and sidewalk on the north side of Eagleridge Blvd, between the 1 -25 right of way
and Elizabeth Street are of record. Should you need anything further on this
please let me know. Thank you very much for your assistance in this matter.
Sincerely
Dee Rogers Brown
Project Manager