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HomeMy WebLinkAbout07460Reception 1690202 08/23/2006 ORDINANCE NO. 7460 AN ORDINANCE APPROVING THE PLAT OF EAGLERIDGE ESTATES SUBDIVISION, FILING NO. 2, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Eagleridge Estates Subdivision, Filing No. 2, being a subdivision of land legally described as: A parcel of land located in the SW '/. of Section 1 and the E '/z of Section 11, and the W '/2 of Section 12, Township 20 South, Range 65 West of the 6' P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the East line of the NE' /, of Section 11, Township 20 South, Range 65 West of the 6 th P.M. to bear N. 00 °31'24" W., and all bearings contained herein being relative thereto. All of Lot 1, Block 12 and Lots 1 through 4 both inclusive Block 13 AND All of Lot 11 and Lot 12, Block 18 all being in Eagleridge Estates according to the recorded plat thereof as filed for record at Reception No. 1410522 in the Pueblo County records AND Beginning at the Northeast corner of Lot 1, Block 12 in said Eagleridge Estates; thence S. 89 °59'11" E., a distance of 228.26 feet; thence N. 00 °00'49" E., a distance of 80.00 feet; thence S. 89 °59'11" E., a distance of 158.51 feet; thence Easterly along the arc of a curve to the left whose radius is 525.00 feet, a distance of 340.30 feet; thence N. 52 °52'30" E., a distance of 167.94 feet; thence Easterly along the arc of a curve to the right whose radius is 605.00 feet, a distance of 157.92 feet; thence N. 67 °49'49" E., a distance of 884.71 feet; thence S. 22 °10'11" E., a distance of 1077.26 feet; thence N. 52 °36'56" E., a distance of 600.67 feet; thence N. 87 0 54'07" E., a distance of 257.81 feet; thence S. 13 °19'17" E., a distance of 1445.30 feet to a point on the Westerly line of Skyview according to the recorded plat thereof as filed for record at Book 2049 at Page 905 in the Pueblo County records; thence S. 04 °39 "27" E., (S. 04 °40'27" E., Plat), continuing along the Westerly line of said Skyview, a distance of 51.54 feet to a point on the Northerly line of Ridge Gate, Filing No. 3, A Special Area Plan according to the recorded plat thereof as filed for record at Reception No. 1372730 in the Pueblo County records said point also being on the Northerly right -of -way line of Ridge Drive as presently III II I II I IIII VII I I I VI II VIII I III 869 of 4 P Chris C. Munoz PuebioCtyClk&Rec ORD R 21.00 D 0.00 located; thence along the Northerly and Westerly line of said Ridge Gate, Filing No. 3, A Special Area Plan the following eight (8) courses: 1. Northwesterly along the arc of a curve to the right whose radius is 310.00 feet and whose center bears N. 11 °40'42" E., a distance of 210.53 feet; 2. N. 39 0 24'40" W., a distance of 656.42 feet; 3. Northwesterly along the arc of a curve to the left whose radius is 390.00 feet, a distance of 458.89 feet; 4. S. 73 °10'19" W., a distance of 199.51 feet; 5. Southerly along the arc of a curve to the right whose radius is 550.00 feet and whose center bears S. 69° 00'05" W., a distance of 531.21 feet; 6. S. 34 °20'24" W., a distance of 788.63 feet; 7. Southerly along the arc of a curve to the left whose radius is 650.00 feet, a distance of 381.56 feet; 8. S. 00 0 42'23" W., a distance of 11.48 feet to a point on the Northwest corner of Ridge Gate Filing No. 1 A Special Area Plan according to the recorded plat thereof as filed for record at Reception No. 726327 in the Pueblo County records; thence along the Westerly line of said Ridge Gate Filing No. 1 A Special Area Plan the following three (3) courses: 1. S. 00 0 42'23" W., a distance of 601.95 feet; 2. Southerly along the arc of a curve to the right whose radius is 550.00 feet, a distance of 180.44 feet, said point also being on the Northerly right -of -way line of Eagleridge Boulevard as platted in Eagleridge, First Filing according to the recorded plat thereof as filed for record at Reception No. 701469 in the Pueblo County records; 3. S. 64 0 06'05" E., a distance of 100.52 feet to a point on the most Northerly corner of Outlook Subdivision Filing No. 7 according to the recorded plat thereof as filed for record at Reception No. 477490 in the Pueblo County records; thence along the Westerly line of said Outlook Subdivision Filing No. 7 the following three (3) courses: 1. Southerly along the arc of a curve to the right whose radius is 650.00 feet and whose center bears N. 69° 30'33" W., a distance of 82.84 feet; 2. S. 27 0 47 "34" W., a distance of 300.71 feet; 3. Southerly along the arc of a curve to the left whose radius is 550.00 feet, a distance of 210.93 feet to a point on the Northerly line of Outlook Subdivision Filing No. 3 according to the recorded plat thereof as filed for record at Reception No. 466666 in the Pueblo County records, said point also being on the Easterly right -of -way line of Outlook Boulevard as presently located; thence along the Northerly line of said Outlook Subdivision Filing No. 3 the following two (2) courses: 1. N. 84 °10'51" W., (N. 84 °10'59" W., Plat), a distance of 100.00 feet; 2. N. 63 0 38'18" W., (N. 63 °36'46" W., Plat), a distance of 369.76 feet, (370.00 feet, Plat) to a point on the Northerly line of Skyline Park Filing No. 2 according to the recorded plat thereof as filed for record at Reception No. 628021 in the Pueblo County records; thence along the Northerly line of said Skyline Park Filing No. 2 the following three (3) courses: 1. N. 20 0 06'54" W., (N. 20 °05'22" W., Plat), a distance of 153.57 feet; 2. N. 66 0 03'27" W., (N. 66 °01'55" W., Plat), a distance of 685.87 feet; III III II IIIII I III IIII IIIIIII III 8 69 3 of 4 R Chris C. Munoz PuebloCtyClkBReo ORD R 21.00 D 0.00 3. S. 78 0 24'07" W., (S. 78 °23'00" W., Plat), a distance of 73.41 feet to a point on the Easterly line of Outlook Subdivision 9 1h Filing according to the recorded plat thereof as filed for record at Reception No. 605891 in the Pueblo County records; thence along the Easterly line of said Outlook Subdivision 9 11 h Filing the following two (2) courses: 1. N. 07 °37'27" W., (N. 09 °51'44" W., Plat), a distance of 9.78 feet; 2. N. 14 0 45'38" W., (N.14 °50'54" W., Plat), a distance of 60.04 feet to a point on the Southerly line of Eagleridge Fire Station Subdivision according to the recorded plat thereof as filed for record at Reception No. 1199836 in the Pueblo County records; thence along the Southerly line of said Eagleridge Fire Station Subdivision the following two (2) courses: 1. N. 78 0 24'19" E., (N. 78 °23'00" E., Plat), a distance of 181.06 feet, (181.20 feet, Plat); 2. N. 55 0 22'38" E., (N. 55 °25'40" E., Plat), a distance of 329.38 feet, (329.38 feet, Plat) to a point on the Westerly right -of -way line of Eagleridge Boulevard as presently located in said Eagelridge, First Filing; thence along the Westerly and Southerly line of said Eagleridge First Filing the following four (4) courses: 1. N. 34 0 37'39" W., (N. 34 0 34'20" W., Plat), a distance of 374.19 feet, (374.33 feet, Plat); 2. S. 55 0 25'40" W., a distance of 106.50 feet, (106.47 feet, Plat); 3. Westerly along the arc of a curve to the right whose radius is 390.00 feet, a distance of 43.42 feet, (43.72 feet, Plat); 4. N. 28 0 11'33" E., (N. 28 °08'57" W., Plat), a distance of 80.00 feet to a point on the Southerly line of said Eagleridge Estates; thence along the Southeasterly line of said Eagleridge Estates the following nine (9) courses: 1. Easterly along the arc of a curve to the left whose radius is 310.00 feet and whose center bears N. 28 °08'57" W., a distance of 34.52 feet, (34.75 feet, Plat); 2. N. 55 0 25'40" E., a distance of 206.42 feet, (206.47, feet Plat); 3. N. 34 0 37'39" W., a distance of 457.49 feet; 4. N. 52 0 36'56" E., a distance of 595.23 feet; 5. N. 37 0 23'04" W., a distance of 70.00 feet; 6. N. 52 0 36'56" E., a distance of 673.33 feet; 7. N. 37 0 23'04" W., a distance of 613.22 feet; 8. N. 89 °59'11" W., a distance of 680.00 feet; 9. N. 00 °00'49" E., a distance of 600.00 feet to the Point of Beginning. EXCEPTING THEREFROM: All of Eagleridge, First Filing. Containing 138.83 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. 1690202 Page: 4 of 4 SECTION 2. Chr C Mu noz I III Cl I I III OR IIIIIII III 0 08/23 / 2 096 D 2:09P 0.00 The acceptance of such dedicated streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this ordinance or in the City's subdivision ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. SECTION 4. This ordinance shall be approved upon final passage but shall not become effective until (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the Pueblo Municipal Code meeting and complying with the subdivision requirements of the City with such modifications, if any, approved by City Council, have been filed with and approved by the Director of Public Works, and (b) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant to Section 12 -4 -5 (B) (2) of the Pueblo Municipal Code, and are not for any reason filed and approved within one (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes effective. y�nto cc, t QQOM (+ • o IV u ltt� D �,�.Y- ..ice- �', ✓-'r ri. ATTESTED CLERK INTRODUCED: March 27, 2006 BY: Randy Thurston COUN ERSO APPROVED: PRESIDENT OF CITY COUNCIL PASSED AND APPROVED: Anri 1 10, 2006 Background Paper for Proposed ORDINANCE AGENDA ITEM # ' 2(D DATE: MARCH 27, 2006 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/JERRY M. PACHECO TITLE AN ORDINANCE APPROVING THE PLAT OF EAGLERIDGE ESTATES SUBDIVISION, FILING NO. 2 ISSUE Shall City Council approve a request to replat their remaining 138.83 acres for residential development? The Planning and Zoning Commission, at their February 8, 2006 regular meeting, voted 6 -0 to recommend approval. BACKGROUND Eagleridge Estates Subdivision, Filing No. 2, is generally located along Eagleridge Boulevard, west of Outlook Boulevard, and south of Wills Boulevard. The applicant proposes to subdivide their remaining 138.83 acre ownership with the Master Development Plan. As proposed this subdivision will plat 33 single - family residential lots, seven (7) single lot blocks reserved for future resubdivision, a drainage parcel, a pedestrian and landscaping parcel and a park. Public Works staff confirmed that the applicant has complied with all items listed in the Subdivision Review Committee memo dated January 18, 2006. This application is concurrent with Vacation V- 06 -01, which was also approved unanimously. FINANCIAL IMPACT None. Reception 1690204 08/23/2006 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on c> between the CITY OF PUEBLO, a Municipal Corporati n ( "City "), and ERE, LLC. , a Colorado Limited Liabilitv Company k ououivluer ). 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 Eagleridge Estates Filing No 2 t 3uoulvlslon ), wisnes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the Pueblo Municipal Code; and WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ( "Required Public Improvements "); and WHEREAS, the Required Public Improvements are generally described in the attached Exhibit `B" and shown on approved construction plans and documents on file in the office of the City's Director of Public Works ( "Plans and Documents "). WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is obligated to provide security or collateral sufficient in the judgement of the Director of Public Works to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the foregoing and the following mutual covenants and agreements, the City and Subdivider agree as follows: Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, DPW 101 01 /01 /06(Revised 01 /11 /06) III I II I III I IIII VIII I III i III III II II III III 169020409E Chris C. Munoz Pusb1oCtyCIk&Rac AGREE R 141.00 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. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recent proposed site and existing improvements. 5. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be a lien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. DPW 101 01 /01/06(RevisedOl /11/06) III IIII IIII VIII VIII VIII IIIIIIIIIII III 869 of 28 1 Chris C. Munoz PuebloCtyClk8Rec AGREE R 141.00 D 0.00 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought, have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and the restriction on the issuance of building permits contained in Paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors, and assigns of the Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks, and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights -of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to compete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the DPW 101 01 /01 /06(RevisedO1 /11/06) IIIIII VIII IIIIII VIII VIII IIIIII VIII III VIII IIII IIII 869 of 28 Chris C. Munoz Pueb1oCtyC1k &Ree AGREE R 141.00 D 0.00 Required Public Improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible for all Required Public Improvements. 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots and shall include the full width of all streets upon which such lots abut. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage facilities, stormwater detention facilities, or maintenance and restoration of adjacent drainage channels, and/or associated improvements and revegetation (the "facilities "), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefore approved by, and on file with the City, and thereafter, the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right (but not the obligation) to inspect, control, repair, replace and maintain the facilities and to recover all costs and expenses therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain, or replace the facilities shall not subject the City to any liability for such failure. 12. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear, the holder of such indebtedness or encumbrance shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions. 13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation arising out of this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. Venue for any such litigation shall be Pueblo County, Colorado. DPW101 4 01/0 1 /06(Revised01/11/06) IIIIII VIII IIIIII VIII VIII IIIIII VIII III VIII IIII IIII 8690060409E Chris C. Munoz Pueb10CtyC1k4Rec AGREE R 141.00 D 0.00 14. City and Subdivider have attempted by the attached Exhibit "B" and Plans and Documents to describe all Required Public Improvements to be constructed and installed by Subdivider with respect to the Subdivision. However, if the attached Exhibit `B" and Plans and Documents fail to describe or to include, for any reason, any Required Public Improvement described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ( "Omitted Public Improvement "), Subdivider shall not be released or discharged from Subdivider's obligation to construct and install the Omitted Public Improvement in the time and manner contained in this Agreement and Chapter 4, Title XII of the Pueblo Municipal Code. In order to determine whether or not there are Omitted Public Improvements, the following shall be applicable: (a) If the Required Public Improvements are constructed and installed within ten (10) years from the date hereof, or within a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Council and interpreted as of the date hereof shall control, unless adherence to a more recent standard does not require significant engineering modifications or major revisions to the plans and documents. For the purposes of this subsection, a major revision is defined as, but not necessarily limited to the relocation or re- alignment of any curb and gutter, sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or type of sewer mains, inlets, curb and gutter or sidewalk. (b) If the Required Public Improvements are constructed and installed after ten (10) years from the date hereof, or after a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Coucil and interpreted as of the date the Required Public Improvements are constructed and installed shall control. (c) If Chapter 4 of Title XII and /or the standards and specifications approved by the City Council are modified or amended to conform with the requirements of federal or state law, rules or regulations prior to the construction and installation of the Required Improvements, they shall control as so modified and amended. 15. Except for guarantee and obligation to correct defects required by Section 12 -4- 70)(9) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to extend any obligation of the Subdivider beyond the date of written approval and accepted by the Director of Public Works of the Required Public Improvements described in attached Exhibit `B ", provided, however that the obligation of the DPW 101 5 01 /01 /06(Revised01 / 11/06) III II II I III I IIII VIII I III III III VIII I IIII 16900604091 Chris C. Munoz Pueb1oCtyCIk&Reo AGREE R 141.00 D 0.00 Developer to construct or install any Omitted Public Improvements will cease following two (2) years from the date of acceptance of the Required Public Improvements described in the attached Exhibit `B" by the Director of Public Works. 16. All Required Public Improvements shall be constructed and installed in compliance with all applicable standards and specifications approved by City Council. 17. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. 18. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as described above. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. ERE, LLC., a Colorado Limited Liability Company Subdivi (SEAL) By: R g Fonda, SY anager By: The f ore g oing f instrument was acknowledged before me on W� 9 ,AQ(2 eo , by Roger H. Fonda, Manager of ERE LLC & Subdivider. ado Limited Liability Company My commis D �yi NOTARY 1 5Y of y Public tr tz tx u� PUBLIC CITY OF P BLO, a Municipal Corporation OF cc T A�' My commission exp res 10-28 2009 d� AT T: President of City Council City Cbrk wea �+rt tic 4 i STATE OF COLORADO ) ss. �a✓ COUNTY OF PUEBLO DPW 101 01 /01 /06(Revised01/11/06) IIIIII VIII IIIIII VIII VIII IIIIII VIII III VIII 1111 Jill 869020409E Chris C. Munoz Pueb1OCtyC1k &Reo AGREE R 141.00 D 0.00 The foregoing instrument was acknowledged l before me this � day of , as n . Council, and ( n4 UU jtkerr as City Clerk of the City of hand and official seal. N A ('j : O 9 TF UB• \ fission expires: O F COL [ SEAL] Notary Public APPROVED AS TO FORM: Z!n - �� City AttQRWY DPW101 01 /01 /06(RevisedOl /11/06) IIIIII VIII IIIIII VIII VIII IIIIII VIII III VIII IIII IIII 869 of 28 Chris C. Munoz PUeb1OCtyC1k&Reo AGREE R 141.00 D 0.00 EXHIBIT A EAGLERIDGE ESTATES, FILING NO. 2 LAND DESCRIPTION A parcel of land located in the SW 1 /4 of Section 1 and the E 1 /2 of Section 11, and the W 1 /20f Section 12, Township 20 South, Range 65 West of the 6 th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the East line of the NE 1 /4 of Section 11, Township 20 South, Range 65 West of the 6"' P.M. to bear N. 00 0 31'24" W., and all bearings contained herein being relative thereto. All of Lot 1, Block 12 and Lots 1 through 4 both inclusive Block 13 AND All of Lot it and Lot 12, Block 18 all being in Eagleridge Estates according to the recorded plat thereof as filed for record at Reception No. 1410522 in the Pueblo County records AND Beginning at the Northeast corner of Lot 1, Block 12 in said Eagleridge Estates; thence S. 89 °59'11" E., a distance of 228.26 feet; thence N. 00 0 00'49" E., a distance of 80.00 feet; thence S. 89 0 59'11" E., a distance of 158.51 feet; thence Easterly along the arc of a curve to the left whose radius is 525.00 feet, a distance of 340.30 feet; thence N. 52 °52'30" E., a distance of 167.94 feet; thence Easterly along the arc of a curve to the right whose radius is 605.00 feet, a distance of 157.92 feet; thence N. 67 1 4949" E., a distance of 884.71 feet; thence S. 22 0 10'11" E., a distance of 1077.26 feet; thence N. 52 0 36'56" E., a distance of 600.67 feet; thence N. 87 0 54'07" E., a distance of 257.81 feet; thence S. 13 0 19'17" E., a distance of 1445.30 feet to a point on the Westerly line of Skyview according to the recorded plat thereof as filed for record at Book 2049 at Page 905 in the Pueblo County records; thence S. 04 0 39 "27" E., (S. 04 0 40'27" E., Plat), continuing along the Westerly line of said Skyview, a distance of 51.54 feet to a point on the Northerly line of Ridge Gate, Filing No. 3, A Special Area Plan according to the recorded plat thereof as filed for record at Reception No. 1372730 in the Pueblo County records said point also being on the Northerly right -of -way line of Ridge Drive as presently located; thence along the Northerly and Westerly line of said Ridge Gate, Filing No. 3, A Special Area Plan the following eight (8) courses: I. Northwesterly along the arc of a curve to the right whose radius is 310.00 feet and whose center bears N. 11 0 40 1 42" E., a distance of 210.53 feet; 2. N. 39 W., a distance of 656.42 feet; Chris C. Munoz IIIIII IIIII IIIIII �III� �II�I IIIIII IIIII III IIIII IIII IIII 00 69O 28 D 0.00 3. Northwesterly along the arc of a curve to the left whose radius is 390.00 feet, a distance of 458.89 feet; 4. S. 73 0 10'19" W., a distance of 199.51 feet; 5. Southerly along the arc of a curve to the right whose radius is 550.00 feet and whose center bears S. 69 00'05" W., a distance of 531.21 feet; 6. S. 34 °20'24" W., a distance of 788.63 feet; 7. Southerly along the arc of a curve to the left whose radius is 650.00 feet, a distance of 381.56 feet; 8. S. 00 0 4223" W., a distance of 11.48 feet to a point on the Northwest corner of Ridge Gate Filing No. 1 A Special Area Plan according to the recorded plat thereof as filed for record at Reception No. 726327 in the Pueblo County records; thence along the Westerly line of said Ridge Gate Filing No. 1 A Special Area Plan the following three (3) courses: I. S. 00 0 4223" W., a distance of 601.95 feet; 2. Southerly along the arc of a curve to the right whose radius is 550.00 feet, a distance of 180.44 feet, said point also being on the Northerly right -of -way line of Eagleridge Boulevard as platted in Eagleridge, First Filing according to the recorded plat thereof as filed for record at Reception No. 701469 in the Pueblo County records; 3. S. 64 1 06'05" E., a distance of 100.52 feet to a point on the most Northerly corner of Outlook Subdivision Filing No. 7 according to the recorded plat thereof as filed for record at Reception No. 477490 in the Pueblo County records; thence along the Westerly line of said Outlook Subdivision Filing No. 7 the following three (3) courses: 1. Southerly along the arc of a curve to the right whose radius is 650.00 feet and whose center bears N. 69 30'33" W., a distance of 82.84 feet; 2. S. 27 0 47 "34" W., a distance of 300.71 feet; 3. Southerly along the arc of a curve to the left whose radius is 550.00 feet, a distance of 210.93 feet to a point on the Northerly line of Outlook Subdivision Filing No. 3 according to the recorded plat thereof as filed for record at Reception No. 466666 in the Pueblo County records, said point also being on the Easterly right -of -way line of Outlook Boulevard as presently located; thence along the Northerly line of said Outlook Subdivision Filing No. 3 the following two (2) courses: 1. N. 84 0 1051" W., (N. 84 0 10'59" W., Plat), a distance of 100.00 feet; 2. N. 63 0 38'18" W., (N. 63 0 3646" W., Plat), a distance of 369.76 feet, (370.00 feet, Plat) 1690204 III I VIII IIIIII VIII I III II III VIII III IIIIII II IIII 00 / 0.00 9 2302: 0 209F Chris C. Munoz PuebjoCtyC1k&Reo AGREE R to a point on the Northerly line of Skyline Park Filing No. 2 according to the recorded plat thereof as filed for record at Reception No. 628021 in the Pueblo County records; thence along the Northerly line of said Skyline Park Filing No. 2 the following three (3) courses: 1. N. 20 0 06'54" W., (N. 20 0 05'22" W., Plat), a distance of 153.57 feet; 2. N. 66 0 03'27" W., (N. 66 0 01'55" W., Plat), a distance of 685.87 feet; 3. S. 78 0 24'07" W., (S. 78 0 23'00" W., Plat), a distance of 73.41 feet to a point on the Easterly line of Outlook Subdivision 9` Filing according to the recorded plat thereof as filed for record at Reception No. 605891 in the Pueblo County records; thence along the Easterly line of said Outlook Subdivision 9 Filing the following two (2) courses: 1. N. 07 0 3727" W., (N. 09 0 51'44" W., Plat), a distance of 9.78 feet; 2. N. 14 0 4538" W., (N. 14 0 50'54" W., Plat), a distance of 60.04 feet to a point on the Southerly line of Eagleridge Fire Station Subdivision according to the recorded plat thereof as filed for record at Reception No. 1199836 in the Pueblo County records; thence along the Southerly line of said Eagleridge Fire Station Subdivision the following two (2) courses: 1. N. 78 0 24'19" E., (N. 78 0 23'00" E., Plat), a distance of 181.06 feet, (181.20 feet, Plat); 2. N. 55 0 2238" E., (N. 55 0 25'40" E., Plat), a distance of 329.38 feet, (329.38 feet, Plat) to a point on the Westerly right -of -way line of Eagleridge Boulevard as presently located in said Eagelridge, First Filing; thence along the Westerly and Southerly line of said Eagleridge First Filing the following four (4) courses: 1. N. 34 0 37'39" W., (N. 34 0 34'20" W., Plat), a distance of 374.19 feet, (374.33 feet, Plat); 2. S. 55 0 25'40" W., a distance of 106.50 feet, (106.47 feet, Plat); 3. Westerly along the arc of a curve to the right whose radius is 390.00 feet, a distance of 43.42 feet, (43.72 feet, Plat); 4. N. 28 0 1133" E., (N. 28 0 08'57" W., Plat), a distance of 80.00 feet to a point on the Southerly line of said Eagleridge Estates; thence along the Southeasterly line of said Eagleridge Estates the following seven (9) courses: 1. Easterly along the arc of a curve to the left whose radius is 310.00 feet and whose center bears N. 28 °08'57" W., a distance of 34.52 feet, (34.75 feet, Plat); 2. N. 55 0 25'40" E., a distance of 206.42 feet, (206.47, feet Plat); 3. N. 34 0 3739" W., a distance of 457.49 feet; 4. N. 52 0 36'56" E., a distance of 595.23 feet; 5. N. 37 0 23'04" W., a distance of 70.00 feet; 6. N. 52 0 36'56" E., a distance of 673.33 feet; ge: 11 of 28 Chris C. Munoz IIIIII IIIII IIIIII �III� �IIII IIIIII IIIII III IIIIII III IIII 00 6900604 D 0.09 7. N. 37 0 23 1 04" W., a distance of 613.22 feet; 8. N. 89 0 59'11" W., a distance of 680.00 feet; 9. N. 00 °00'49" E., a distance of 600.00 feet to the Point of Beginning. EXCEPTING THEREFROM: All of Eagleridge, First Filing, Containing 138.83 acres, more or less Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5th Street Pueblo, Colorado 81003 December 5, 2005 JN 95 026 15 • 1 ►90204 Page: 12 of 28 082006 02:09{ Chris C. Munoz PuebloCtyClk&Rec AGREE R 141.00 D 0. 00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EAGLERIDGE ESTATE, FILING NO. 2 JN 9602515 DEVELOPER: ERE, LLC., ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. KINGFISHER DRIVE (Phase I) WATER Service 4 EA © $500.00 /EA = $2,000 SANITARY SEWER: Services 4 EA © $1,033.00 /EA = $4,132 SUBTOTAL $6,132 • , 1111111111111110111M 1690204 Page: 13 of 28 08/23/2006 02:09F Chris C. Munoz PuebloCtyClk&Rec AGREE R 141 .00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EAGLERIDGE ESTATE, FILING NO. 2 JN 9602515 DEVELOPER: ERE, LLC., ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. KINGFISHER LANE (Phase I) STREETS 4" Asphalt over 9" Base Course 1500 SY © $17.50 /SY = $26,250 Curb and Gutter 900 LF © $10.50 /LF = $9,450 Handicap Ramp (5) 600 SF © $3.00 /SF $1,800 Tactile bands 5 EA © $310.00 /EA $1,550 WATER 8" PVC Water Main 400 LF © $45.00 /LF = $18,000 Service 6 EA © $500.00 /EA = $3,000 Fire Hydrant Ass'y 1 EA © $3,000.00 /EA = $3,000 SANITARY SEWER: 8" PVC Sewer Main 500 LF © $31.00 /LF = $15,500 Services 6 EA © $1,033.00 /EA = $6,198 48" Manholes 1 EA © $2,273.00 /EA = $2,273 STORM SEWER 24" RCP 150 L.F. © $41.00 /LF = $6,150 36" RCP 250 L.F. © $67.00 /LF = $16,750 18" RCP 51 L.F. © $36.00 /LF = $1,836 Type I-B Manhole 2 EA © $2,324.00 /EA = $4,648 Type "S" Inlet L=8' 1 EA © $3,411.00 /EA = $3,411 Type "S" Inlet L=5' 1 EA © $2,790.00 /EA = $2,790 Curb and Gutter (Block 2) 800 LF © $10.50 /LF = $8,400 1690204 Page: 140 o6 0f0428:09;02:09F Chris C Munoz PuebloCtyClk&Rec RGREE R 141 .00 D 0.00 KINGFISHER LANE (continued) STREET LIGHT 2 EA © $1,343.00 /EA = $2,686 MONUMENT BOX 3 EA @ $594.00 /EA = $1,782 SIGNAGE T-Intersection (60' R-O-W) 1 EA @ $207.00 /EA = $207 4-Way-Intersection (60' R-O-W) 1 EA @ $310.00 /EA = $310 BARRICADES L=16' 1 EA © $852.00 /EA = $852 SUBTOTAL $136,843 • „ii 11.1 milli HI 1690204 Page: 15 of 28 08/23/2006 02:094 Chris C, Munoz PuebloCtyClk&Rec AGREE R 141.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EAGLERIDGE ESTATE, FILING NO. 2 JN 9602515 DEVELOPER: ERE, LLC., ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. AVOCET COURT (Phase I) STREETS 4" Asphalt over 9" Base Course 1500 SY @ $17.50 /SY = $26,250 Curb and Gutter 600 LF @ $10.50 /LF = $6,300 WATER 8" PVC Water Main 200 LF @ $45.00 /LF = $9,000 Service 9 EA © $500.00 /EA = $4,500 SANITARY SEWER: 8" PVC Sewer Main 200 LF @ $31.00 /LF = $6,200 Services 9 EA @ $1,033.00 /EA = $9,297 48" Manholes 1 EA © $2,273.00 /EA = $2,273 STREET LIGHT 1 EA @ $1,343.00 /EA = $1,343 MONUMENT BOX 3 EA @ $594.00 /EA = $1,782 SUBTOTAL $66,945 PHASE I SUBTOTAL $209,920 1690204 Page: 16 of 28 08/23/2006 02:09F Chris C Munoz PuebloCtyClk&Rec AGREE R 141.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EAGLERIDGE ESTATE, FILING NO. 2 ]N 9602515 DEVELOPER: ERE, LLC., ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. KINGFISHER LANE (Phase II) STREETS 4" Asphalt over 9" Base Course 1000 SY @ $17.50 /SY = $17,500 Curb and Gutter 500 LF @ $10.50 /LF = $5,250 Handicap Ramp (3) 360 SF @ $3.00 /SF $1,080 Tactile bands 3 EA © $310.00 /EA $930 Square Pan Radius 225 SF © $4.00 /SF $900 7" Concrete 256 SF © $4.00 /SF $1,024 WATER 8" PVC Water Main 300 LF © $45.00 /LF = $13,500 Service 4 EA @ $500.00 /EA = $2,000 Fire Hydrant Ass'y 1 EA @ $3,000.00 /EA = $3,000 SANITARY SEWER: 8" PVC Sewer Main 200 LF @ $31.00 /LF = $6,200 Services 4 EA © $1,033.00 /EA = $4,132 48" Manholes 2 EA @ $2,273.00 /EA = $4,546 STORM SEWER 24" RCP 176 L.F. © $41.00 /LF = $7,216 18" RCP 5 L.F. @ $36.00 /LF = $180 Type I-B Manhole 1 EA © $2,324.00 /EA = $2,324 Type "S" Inlet L=5' 1 EA © $2,790.00 /EA = $2,790 Type "S" Inlet L=10' 1 EA @ $3,825.00 /EA = $3,825 Curb and Gutter (Block 2) 400 LF © $10.50 /LF = $4,200 1690204 • IIIIPage: 17 of 28 1111111111111{ 08/23/2006 02:09F Chris C Munoz PuebloCtyClk&Rec RGREE R 141.00 D 0.00 KINGFISHER LANE (continued) STREET LIGHT 1 EA © $1,343.00 /EA = $1,343 MONUMENT BOX 1 EA © $594.00 /EA = $594 SIGNAGE T-Intersection (60' R-O-W) 1 EA @ $207.00 /EA = $207 BARRICADES L=16' 1 EA @ $852.00 /EA = $852 SUBTOTAL $83,593 1690204 Page: 18 of 28 08/23/2006 02:09F Chris C Munoz PuebloCtyCik&Rec ACRE E R 141.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EAGLERIDGE ESTATE, FILING NO. 2 ]N 9602515 DEVELOPER: ERE, LLC., ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. LAPWING COURT (Phase II) STREETS 4" Asphalt over 9" Base Course 1800 SY @ $17.50 /SY = $31,500 Curb and Gutter 960 LF @ $10.50 /LF = $10,080 WATER 8" PVC Water Main 440 LF @ $45.00 /LF = $19,800 Service 10 EA © $500.00 /EA = $5,000 SANITARY SEWER: 8" PVC Sewer Main 440 LF @ $31.00 /LF = $13,640 Services 10 EA @ $1,033.00 /EA = $10,330 48" Manholes 2 EA © $2,273.00 /EA = $4,546 STREET LIGHT 1 EA © $1,343.00 /EA = $1,343 MONUMENT BOX 5 EA @ $594.00 /EA = $2,970 SUBTOTAL $99,209 PHASE II SUBTOTAL $182,802 1690204 IIIIIIIIIIIIIIII 1111 II Page: 19 of 28 08/23/2006 02:091 Chris C Munoz PuebloCtyClk&Rec AGREE R 141 .00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EAGLERIDGE ESTATE, FILING NO. 2 JN 9602515 DEVELOPER: ERE, LLC., ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. EAGLERIDGE BLVD. (PHASE III) STREETS 7" Asphalt over 16" Base Course 3700 SY © $30.50 /SY = $112,850 Curb and Gutter 1800 LF @ $10.50 /LF = $18,900 Handicap Ramp (6) 720 SF @ $3.00 /SF $2,160 Tactile bands 6 EA @ $310.00 /EA $1,860 Sidewalk 8000 SF @ $2.50 /SF $20,000 Square Pan Radius 80 SF @ $4.00 /SF $320 7" Concrete 640 SF @ $4.00 /SF $2,560 STORM SEWER Type "S" Inlet L=5' 1 EA @ $2,790.00 /EA = $2,790 STREET LIGHT 4 EA @ $1,343.00 /EA = $5,372 MONUMENT BOX 4 EA @ $594.00 /EA = $2,376 SIGNAGE 4 Way-Intersection C80' R-O-W) 1 EA @ $413.00 /EA = $413 SUBTOTAL $169,601 1690204 11111 P08/23age:/2006 20 of 028: Chris C Munoz PuebloCtyClk&Rec AGREE R 141.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EAGLERIDGE ESTATE, FILING NO. 2 JN 9602515 DEVELOPER: ERE, LLC., ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. OUTLOOK BLVD. (PHASE IIIl STREETS 7" Asphalt over 16" Base Course 4500 SY © $30.50 /SY = $137,250 Curb and Gutter 1130 LF @ $10.50 /LF = $11,865 Sidewalk 3400 SF @ $2.50 /SF $8,500 SANITARY SEWER: 8" PVC Sewer Main 150 LF @ $31.00 /LF = $4,650 48" Manholes 1 EA © $2,273.00 /EA = $2,273 STORM SEWER 60" RCP 176 LF @ $120.00 /LF = $21,120 Rip-Rap 220 CY @ $52.00 /CY = $11,440 SUBTOTAL $197,098 1690204 Page: 21 of 28 08/23/2006 02:09F Chris C. Munoz PuebloCtyCik&Rec RGREE R 141.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EAGLERIDGE ESTATE, FILING NO. 2 JN 9602515 DEVELOPER: ERE, LLC., ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. BLOCK 10 DRAINAGE IMPROVEMENTS (PHASE III) Grading 16000 CY @ $2.00 /CY = $32,000 Rip-Rap 350 CY @ $52.00 /CY = $18,200 SUBTOTAL $50,200 PHASE III SUBTOTAL $416,899 1690204 Page: 22 of 26 08/23/2006 02:091 Chris C. Munoz PuebloCtyClk&Rec AGREE R 141 .00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EAGLERIDGE ESTATE, FILING NO. 2 JN 9602515 DEVELOPER: ERE, LLC., ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. RIDGE DRIVE (PHASE IV) STREETS 5.5" Asphalt over 11" Base Course 7300 SY @ $22.50 /SY = $164,250 Curb and Gutter 3000 LF @ $10.50 /LF = $31,500 Handicap Ramp (4) 480 SF @ $3.00 /SF $1,440 Tactile bands 4 EA @ $310.00 /EA $1,240 Sidewalk 8000 SF @ $2.50 /SF $20,000 Square Pan Radius 40 SF @ $4.00 /SF $160 7" Concrete 430 SF © $4.00 /SF $1,720 WATER 12" PVC Water Main 1500 LF @ $45.00 /LF = $67,500 SANITARY SEWER: 8" PVC Sewer Main 770 LF @ $31.00 /LF = $23,870 48" Manholes 3 EA © $2,273.00 /EA = $6,819 STORM SEWER 36" RCP 320 L.F. @ $67.00 /LF = $21,440 STREET LIGHT 6 EA © $1,343.00 /EA = $8,058 MONUMENT BOX 6 EA © $594.00 /EA = $3,564 SIGNAGE T-Intersection (80' R-O-W) 1 EA @ $310.00 /EA = $310 4-Way-Intersection (80' R-O-W) 1 EA © $413.00 /EA = $413 SUBTOTAL $352,284 . • I 1690204 II III 11111111111 Page: 23 of 28 1111111, 08/23/2006 02:091 Chris C Munoz PuebloCtyClk&Rei PGREE R 141.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EAGLERIDGE ESTATE, FILING NO. 2 JN 9602515 DEVELOPER: ERE, LLC., ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. LANDMARK ROAD (PHASE IV) STREETS 4" Asphalt over 9" Base Course 3900 SY © $16.50 /SY = $64,350 Curb and Gutter 1950 LF @ $10.50 /LF = $20,475 Sidewalk 4800 SF @ $2.50 /SF = $12,000 Handicap Ramp (2) 240 SF © $3.00 /SF $720 Tactile bands 2 EA © $310.00 /EA $620 WATER 8" PVC Water Main 1000 LF @ $45.00 /LF = $45,000 SANITARY SEWER: 8" PVC Sewer Main 600 LF @ $31.00 /LF = $18,600 48" Manholes 2 EA © $2,273.00 /EA = $4,546 STORM SEWER 42" RCP 96 L.F. @ $72.00 /LF = $6,912 STREET LIGHT 2 EA @ $1,343.00 /EA = $2,686 MONUMENT BOX 4 EA @ $594.00 /EA = $2,376 SIGNAGE T-Intersection (80' R-O-W) 1 EA @ $310.00 /EA = $310 SUBTOTAL $178,595 1690204 II Page: 24 of 28 08/23/2008 02:091 Chris C.HIMIIIPIJ AGREE R 141.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EAGLERIDGE ESTATE, FILING NO. 2 JN 9602515 DEVELOPER: ERE, LLC., ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PARK DRAINAGE IMPROVEMENTS (PHASE IV) Grading 900 CY @ $2.00 /CY = $1,800 Sidewalk 11000 SF @ $2.50 /SF $27,500 3'x5' Box Culvert 18 L.F. @ $400.00 /LF = $7,200 SUBTOTAL $29,300 DETENTION POND "L" (PHASE IV) Grading 3600 CY @ $2.00 /CY = $7,200 Outlet Structure 1 EA @ $3,100.00 /EA $3,100 Revegatation 2 AC @ $12,396.00 /AC = $24,792 SUBTOTAL 35 092 PHASE IV SUBTOTAL $595,271 1690204 0 mini Page: 25 of 28 08/23/2006 02:09F Chris C. Munoz PuebloC.yClk.Rec AGREE R 141.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EAGLERIDGE ESTATE, FILING NO. 2 JN 9602515 DEVELOPER: ERE, LLC., ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. WILLS BLVD. (PHASE V) STREETS 5.5" Asphalt over 11" Base Course 8400 SY © $22.50 /SY = $189,000 Curb and Gutter 3500 LF @ $10.50 /LF = $36,750 Handicap Ramp (4) 480 SF @ $3.00 /SF $1,440 Tactile bands 4 EA @ $310.00 /EA $1,240 Sidewalk 42 SF © $2.50 /SF $105 SANITARY SEWER: 8" PVC Sewer Main 1550 LF @ $31.00 /LF = $48,050 48" Manholes 4 EA © $2,273.00 /EA = $9,092 STREET LIGHT 5 EA © $1,343.00 /EA = $6,715 MONUMENT BOX 4 EA @ $594.00 /EA = $2,376 SIGNAGE 4 Way-Intersection (80' R-O-W) 1 EA © $413.00 /EA = $413 BARRICADES L=24' 1 EA © $1,162.00 /EA = $1,162 SUBTOTAL $296,343 PHASE V SUBTOTAL $296,343 • t II III 111111111H 111111 P10a896004228' 09E Chris C Munoz PuebloCtyClk&Reo AGREE R 141.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EAGLERIDGE ESTATE, FILING NO. 2 JN 9602515 DEVELOPER: ERE, LLC., ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. OUTLOOK BLVID (PHASE VI) STREETS 7" Asphalt over 16" Base Course 9500 SY © $30.50 /SY = $289,750 Curb and Gutter 2900 LF @ $10.50 /LF = $30,450 Handicap Ramp (2) 240 SF © $3.00 /SF $720 Tactile bands 2 EA @ $310.00 /EA $620 Sidewalk 2500 SF © $2.50 /SF $6,250 WATER 8" PVC Water Main 1420 LF @ $45.00 /LF = $63,900 STREET LIGHT 5 EA @ $1,343.00 /EA = $6,715 MONUMENT BOX 6 EA @ $594.00 /EA = $3,564 BARRICADES L=24' 1 EA @ $1,162.00 /EA = $1,162 SUBTOTAL $403,131 PHASE VI SUBTOTAL $403,131 • 1690204 II 111 1111111110 IIII Page. 27 of 28 08/23/2006 02:09F Chris C. Munoz PuebloCtyClk8.Rec PCREE R 141.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EAGLERIDGE ESTATE, FILING NO. 2 JN 9602515 DEVELOPER: ERE, LLC., ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. DETENTION POND "K" (PHASE VII) Grading 6600 CY @ $2.00 /CY = $13,200 Outlet Structure 1 EA @ $6,200.00 /EA $6,200 Revegatation 3 AC @ $12,396.00 /AC = $37,188 SUBTOTAL $56,588 PHASE VII SUBTOTAL $56,588 , . . , , 1111111E11111690204 II III I Page: 28 of 28 08/23/2006 0209f Chris C. Munoz PuebloCtyClk&Rec GREE R 141.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: EAGLERIDGE ESTATE, FILING NO. 2 JN 9602515 DEVELOPER: ERE, LLC., ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE I SUBTOTAL: $209,920 PHASE II SUBTOTAL: $182,802 PHASE III SUBTOTAL: $416,899 PHASE IV SUBTOTAL: $595,271 PHASE V SUBTOTAL: $296,343 PHASE VI SUBTOTAL: $403,131 PHASE VII SUBTOTAL: $56,588 TOTAL PROJECT: $2,160,954 This is an estimate only. Actual construction costs may vary. PREPARED BY: M. CUPPY FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC. The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and on the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the Subdivision Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council, (ii) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements and (iii) the unit prices shown hereon are the most current unit prices provided by the City of Pueblo. ,00,,tnetmlf!,!?rny, 9799 ci {RE AL w Professional ngineer Date ` A 1 4141i1J1IlIi1tY1t�+•' 7 REVIEWED BY: �,,,,t„ � C City of Pueblo I IIIIII VIII IIIIII VIII VIII IIIIII VIII III VIII IIII IIII 869020509E Chris C. Munoz Puebl QC t yCl k &Rec ADD AGAR 10.00 D 0.00 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the � o?{j Subdivision Improvements Agreement for Eagleridge Estates Filing t o. 2 (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. The Subdivider will develop the Subdivision in separate phases in the sequence described in the attached Exhibit "A ". 2. The Subdivider shall construct and install all Required Public Improvements in the manner and as described in the Subdivision Improvements Agreement needed and required to serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A ". 3. For purposes of determining the extent and timing of the Required Public Improvements, each Phase shall be considered as a separate subdivision. 4. After completion of all Required Public Improvements for any Phase and approval thereof by the Director of Public Works, the City will release the lots in that Phase from the Subdivision Improvements Agreement and this Addendum. 5. Any development of the Subdivision contrary to the phasing sequence set forth in paragraph 1 above without the prior written approval of the Director of Public Works ( "Director ") shall constitute a breach of the Subdivision Improvements Agreement and this Addendum and City may thereafter refuse to approve the issuance of building permits for construction within the Subdivision. 6. No modifications to the phasing sequence set forth in the attached Exhibit "A" shall be approved by the Director until (a) Subdivider's engineer certifies in writing that the requested modifications will not result in any lot in the Subdivision being inadequately served by required public improvements, (b) Subdivider furnishes title information satisfactory to the City showing all persons and entities having a recorded interest in all lots within the Subdivision ( "Interested Parties "), and (c) all Interested Parties execute and acknowledge their consent to and approval of the modification to the phasing sequence in form and content approved by the City Attorney. 7. The Subdivision Improvements Agreement as amended by this Addendum shall remain in full force and effect and the covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and Subdivider and their respective heirs, personal representatives, successors, and assigns. Executed at Pueblo, Colorado, as of ERE, LLC., a Colorado Limited Liability Compan Subdivider DPW 103 1/6/04 By - l �( 096f H Fonda, M 4iager By STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) � The foregoing instrument was acknowledged before me this _?_9 day of , " by Roger H. Fonda, Manager of ERE. LLC. Subdivider. a Colorado Limited Liability Company Witness my hand and official seal. My commission expires: I�1{�TARY PUBLIC 0 Mycommissionex-e a28-2DOq Notary Public CITY OF PUEBLO, a Muni ' g al Corporation By — �, l_S / c- -� Presi ent of the Council VIII VIII IIII I II IIII IIIIII VIII I VIII IIII IIII 869020509E Chris C. Munoz Pueb1OCtyC1k& ADD AGRR 15.00 D 0.00 DPW 103 1/6/04 I lillllllll111111111111111111111111111111111a 690060509F Chris C. Munoz Pueb1-CtYC1k&R.cADD AGRR 00 9.99 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" The Subdivider will develop the Subdivision in separate phases in the following sequence: (a) Phase I shall consist of the following lots within the Subdivision: Lots 1 - 14, Block 1 Lots 1 - 5, Block 2 (b) Phase II shall consist of the following lots within the Subdivision: Lots 15 - 19, Block 1 Lots 6 - 9, Block 2 Lots 1 - 5, Block 3 (c) Phase III shall consist of the following lots within the Subdivision: Lot 1, Block 10 (d) Phase IV shall consist of the following lots within the Subdivision: Parcel B and C Lot 1, Block 8 Lot 1, Block 9 (e) Phase V shall consist of the following lots within the Subdivision: Lot 1, Block 4 (f) Phase VI shall consist of the following lots within the Subdivision: Lot 1, Block 5 (g) Phase VII shall consist of the following lots within the Subdivision: Lot 1, Block 7 (h) Phase VIII shall consist of the following lots within the Subdivision: Lot 1, Block 6 DPW 103 1/6/04 IIIIIIIIIIIIIIII IIIIII Ill IIIIIIIIIIIIIII 690206 Chris C. Mu Y D 0.00 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (GENERAL) This Addendum shall be incorporated in and become a part of the 4 ,i? ODLa , Subdivision Improvements Agreement for Eagleridge Mates, Filing No. 2, (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. Upon completion of public improvements associated with Outlook Boulevard south of Eagleridge Boulevard and public roadway improvements associated with Eagleridge Boulevard between Ridge Drive and Pioneer Road (herein the "Improvements ") as outlined in Phase II of the Subdivision Improvements Agreement for the Subdivision, the City of Pueblo shall release funds held in the following escrow accounts to the Subdivider. Escrow Accounts DE0106 Ridgegate, Filing No. 3 DE0210 Silverhawk DE4836 Hillcrest Estates DE5002 Eagleridge Subdivision Settlement DE5019 Two Pines at Outlook Roadway improvements on south side of Eagleridge Boulevard between Outlook Boulevard and Pioneer Road installed and paid for by the subdivider of Eagleridge Estates, Filing No. 2, will be subject to cost recovery from the adjacent property owner of the presently undeveloped lot to the south side of Eagleridge Boulevard, between Outlook Boulevard and Pioneer Road (Lot 1, Block 2, Outlook Subdivision, Filing No. 7) in accordance with Section 12 -4-12 of the Pueblo Municipal Code of Ordinances.. 2. The covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City of Pueblo and Subdivider and their respective heirs, personal representatives, successors, and assigns. This addendum may be specifically enforced against the Subdivider and subsequent owners of lots within the Subdivision. Executed at Pueblo, Colorado as of, /W i 7 , lzcre ERE, LLC., a Colorado Limited Liability Compan y Subdivid By o er H. F a, Manager VIII VIII I IIII I II VIII III II VIII II VIII IIII IIII Pa ge: 692 of 2 f Chris C. Munoz ---- - -ClyCl kBRec RDD RGRR 11.00 D 0.00 STATE OF COLORADO COUNTY OF PUEBLO ss. The foregoing instrument was acknowledged before me this t day of aft ( , by Roger H. Fonda as Manager of ERE, LLC., a Colorado Limited Liability Co panv, a Subdivider. My commission expires: io . a8 -aoo VL 130 ly�92 NOTARY a � � N,A PUBLIC O O 9TF OF r,o�� My commission expires 10- 28-2009 Approved as to Form: CITY OF PUEBLO a Municipal Corporation By , Press ent of the City Council /Z, City Attorney R IIIII II II I I I I IIII III I I III IIII III IIII 869020709 Chris C. Munoz Pueb1oCtyC1k &Reo ADD AGAR 11.00 D 0.00 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PER LOT FEE) This Addendum shall be incorporated in and become a part of the ' 20 41P Subdivision Improvements Agreement for the Ea lg eridge Estates. Filing No. 2 (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. Prior to issuance of a building permit to build or construct any building or structure on Lots 1 through 19 in Block 1 Lots 1 through 9 in Block 2 and Lots 1 through 5 in Block 3 within the Subdivision, the sum of $9,900 ($300 /lot) shall be deposited (the "Deposit ") with the Director of Finance for the future completion of i nstallation of Traffic Signals located at the intersections of Outlook Boulevard and Wills Boulevard Outlook Boulevard and Eagleridge Boulevard, and Ea leridge Boulevard and Ridge Drive per City of Pueblo specification ( "Improvements "). 2. The Deposit shall be held in an interest - bearing account identified as the Outlook West Traffic Signals ( "Account "). The Deposit and interest thereon shall be expended solely for the completion of the Improvements within twelve (12) years of the date of the Deposit. If the improvements have not been installed within such twelve (12) year period, the twelve (12) year period shall be extended, if in the opinion of the City's Director of Public Works it appears likely the improvements will be needed, provided that such twelve (12) year period may not be extended for more than twelve additional years. Deposit not expended shall be refunded upon formal application by the Subdivider. Applications for refund shall be made in writing to the Director of Finance within six (6) months after the expiration of the twelve -year period, or as extended if applicable, following date of payment. Application shall be accompanied by a copy of the dated receipt issued for payment of the Deposit or other documents satisfactory to the Director of Finance that the fee was paid and date of payment. 3. The covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City of Pueblo and Subdivider and their respective heirs, personal representatives, successors, and assigns. This Addendum may be specifically enforced against the Subdivider and subsequent owners of lots within the subdivision. Executed at Pueblo, Colorado as of, rT `" 7 7 , ERE, LLC., a Colorado Limited Liability Compan y _,Subdivider By Roge • . Fond anager I IIIIIIVII M unoz IIIIIIIIIIIblllllllllllllllllllV AGAR IIIIII aa 6900607091 D 0.00 STATE OF COLORADO COUNTY OF PUEBLO ss. The foregoing instrument was acknowledged before me thi� day o by Roeer H. Fonda as Manaeer of ERE, LLC., a Colorad Liability mnany, a Subdivider. My commission expires: io -a8 -a oq NOTARY PUBLIC o 9TF �F CO��� MY commission expires M28 -2009 Approved as to Form: CITY OF PUEBLO a Municipal Corporation By ` I"` President of the City Council City Attorney 1 IIII VIII VIII III IIII IIIIII IIII IIIIII III 1690 of Page: 1 08/23/2006 02:09F Chris C. Munoz Pueb IOCIyCIk&Reo NOTICE R 11.00 D 0.00 NOTICE OF SHALLOW SANITARY SEWER SERVICE LINES Notice is hereby given to the owner(s) of Lot(s) see , Block attached Eagleridge Estates, Filing No. 2 , Pueblo Colorado, and their heirs, personal subdivision representatives, successors, and assigns, that sanitary sewer service to basements of these lot(s) may require a pumping system due to the elevation of the sanitary sewer line(s) in the street or public right of way. This notice is dated _ 4 ° J 20 04 SUBDIVIDER ERE, LLC., a Colorado Limited Liability Company I: Name: - Roger HvFonda Title: Manager Address: 1700 Fortino Blvd Pueblo, CO 81008 STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 0 day of 20 //lo by Roger H. Fonda, Manager of Subdivider. ERE, LLC., a Colorado Limited Liability Company Witness my hand and official seal. mission expires: 9 � J-�,NOTARY � otary Public�� � � a lNa� PUBLIC My commission expires 10-28 -2009 DPW117 VIII IIIIIIIIIIIIIIII VIII IIII IIIIIII IIIIIIIIIIII IIII 08/23/2006 Page: 0 0809{ Chris C. Munoz PuebloCtyClk4Reo NOTICE R 11.00 D 0.00 Block 1 Lots 6, 14 through 19 Block 2 Lots 5 through 9 Block 3 Lots 1 through 5