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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. 111111111111 11111 III IIIIII IIII IIIIIII III IIIII IIII 1111 1 Page: 2 of 7053 03 a7P Chris C. Munoz PuebloCtyClk &Rec ORD R 21.00 D 0.00 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, 1111111111111111111111111111111111111111111111111111111 10 053 0 3 47P Chris C. Munoz Pueh1oCtyC1k&Rec ORD R 21.00 0 0.00 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 IIIIIII VIII IIIIIII III IIIIII IIII IIIIIII III VIII IIII IIII 17053 03 <7P Chris C. Munoz Pueb1oCtyC1k &Rec ORD R 21.00 D 0.00 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, DPW 101 01 /01 /06(Revised 01/11/06) X1 111111111 IIIII 11111 IIIII 10053 15 547P Chris C. Munoz Pueb1oCtyC1k &Reo SUBD RGR 76.00 0 0.00 or with any bank or trust company licensed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit ". 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the cost of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer to the proposed building site. In any case where the block, as later defined, exceeds one thousand (1000') feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted Required Public Improvements in at least one half (1/2) of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter at the mid -block point and barricade such street so that no through traffic shall be permitted beyond the point to which the estimate of Director of Public Works is based. 4. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recent proposed site and existing improvements. 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 01 /01 /06(RevisedOl /11/06) 1705315 Page: 3 of 15 III 2/08 Chris VIII u lllll III VIII IIII II III III VIII III IIII 00 / 2 0 0 01 :47P 00 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title 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 DPW 101 3 01 /01 /06(RevisedO1 /11/06) � 111 III I 1111111 !�� III II 1705315 47P Chris C. Munoz Pueb1oCtyC1k&Rec SUBD RGR 76.00 D 0.00 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 DPW 101 4 01 /01 /06(Revised01/11/06) 11 III IIIIII IIII IIIIII II 10053 0547P Chris C. Munoz PuebloCtyClk &Rec SUED PGR 76.00 D 0.00 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. DPW 101 5 01 /01 /06(Revi s ed01 / 11 /06) IIII IIII IIII III IIIIIII VIII IIII III 1 Pa 0531547E Chris C. Munoz Puebl OCtyClkS.Rec SUBD RGR 76.00 D 0.00 (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 DPW 101 0 /06(RevisedOl /11/06) 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 IIIIIII VIII IIIIIII III IIIIII IIII IIIIIII III VIII IIII 76 P 1 7053 1 5 47P Chris C. Munoz P DPW 101 01 /01 /06(Revised0l /11/06) 1 *3 6 11:31 1I:\ 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. 1705315 a o f 15 IIHIIIEIlII IIIIIIIIIIIIIIIIIIII IIIIIIIII IIII 00290813 00 00 01:47P Chris C. Munoz Pueblo IIIIIII C. M IIIIIII III IIIIII IIII IIIIIII III VIII IIII IIII 60 00530 547P ec 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. Chris C. Munoz 111111 IIIII IIIIIII III IIIIII l IIII 1111111111111111 001 Page: 10 70530 5 47P 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. DPW 101 01 /01 /06(RevisedOl /11/06) Reception 1705316 12/08/2006 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 v o ' Ol 5561. o� o .06 5?f / o 9m v DRAINAGE EASEMENT 1 h N CONTAINS 3.38-+ ACRES 'f 282 V13 £ �..�.�' 6 5 os t "`� 5 6c 0 6 !5 6 j 7-7- O N Npl W o :... t W W66 ' �GC�4000 G�1 9 m SCALE. 1" =100' = NO. 4 REBAR WITH YELLOW PLASTIC CAP PLS NO. 16128 � rn LENGTH 0 W m Cl 1 44.02 1 780.00 Z S45'1 8'30"W m� 1 xT -� 1 T 6 ,\ m o NW ,ORNCRO S NG FILING N NE CO RNER LO �5 �1 oN P NE8L0 LINE L01 6 RING NORTH BA SIS 58" W 3517 CO S 75 " 9 6 LO SING PLJ EBUNG No 1 z m 0 A 2 A D A <7 a POCE oA CRO BS NG 1 FWNG NO. CURVE TABLE CURVE ILENGTHI LENGTH W m Cl 1 44.02 1 780.00 Z S45'1 8'30"W m� 01 Z 1 xT -� 1 T 6 ,\ m o NW ,ORNCRO S NG FILING N NE CO RNER LO �5 �1 oN P NE8L0 LINE L01 6 RING NORTH BA SIS 58" W 3517 CO S 75 " 9 6 LO SING PLJ EBUNG No 1 z m 0 A 2 A D A <7 a POCE oA CRO BS NG 1 FWNG NO. CURVE TABLE CURVE ILENGTHI LENGTH RADIUS DELTA Cl 1 44.02 1 780.00 1 3 LINE TABLE LINE LENGTH BEARING L1 41.68 S62'34'52"W L2 90.44 S45'1 8'30"W 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 1705320 : 4 of 5 47P c ERSE R 26.00 D 0.00 EN Ems' " m col �h yn S U �N O 0 a I gQ � O y t W = W ., I I Z \ U Z N O O O W U K O O m U w ZQ z� w N U N Z O CC N p Z fY z 2 O 1C1 WV_ O \n EL Z Q m� N £g 69Z N 3 M 5ZZ eh O r ' Q EX 3 �b ,u poi W ova J $ � II , M Y6� £ygp£L Z II IIII II II III III VIII III IIIIIII 1 705 3 2 0 : of 5 Chris C. Munoz Puebl oCtyCl k &Rec ERSE R 26.00 D 0.00 t 1 O 1 0 \ �►\ w , \ ,w \ \ w � w o 1 /� on e A 3 N Q w1 ON. —{� W Z r A "1 7 z \ O Z\ � U \ �� W 1— 11 % Q \ d 1 \\ A r1 \ z \ 0 I I Z \ U Z N O O O W U K O O m U w ZQ z� w N U N Z O CC N p Z fY z 2 O 1C1 WV_ O \n EL Z Q m� N £g 69Z N 3 M 5ZZ eh O r ' Q EX 3 �b ,u poi W ova J $ � II , M Y6� £ygp£L Z II IIII II II III III VIII III IIIIIII 1 705 3 2 0 : of 5 Chris C. Munoz Puebl oCtyCl k &Rec ERSE R 26.00 D 0.00 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