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HomeMy WebLinkAbout07461Reception 1722165 04/18/2007 ORDINANCE NO. 7461 AN ORDINANCE APPROVING THE PLAT OF SETTLERS VILLAGE SUBDIVISION, FILING NO. 5 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Settlers Village, Filing No. 5, Subdivision, being a subdivision of land legally described as: A parcel of land located in the NW '/4 of the NE' /4 and the NE '/4 of the NE Y4 and the SW '/4 of the NE '/4 of Section 22, Township 21 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 North line of Section 22, Township 21 South, Range 65 West of the 6` P.M. to bear N. 89 0 40'00" E., and all bearings contained herein being relative thereto. Beginning at a point from which the NE corner of said Section 22 bears N. 58 °42'58" E., a distance of 1490.65 feet, said point also being the SE corner of Lot 5, Block 6, in Settlers Village, Filing No. 3 according to the recorded plat thereof as filed for record at Reception No. 1572897 in the Pueblo County records and also being on the Westerly boundary line of Settlers Village, Filing No. 4 according to the recorded plat thereof as filed for record at Reception No. in the Pueblo County records; thence along the Westerly boundary line of said Settlers Village, Filing No. 4 the following four (4) courses: S. 00 °00'00" W., a distance of 70.69 feet; N. 83 °12'20" E., a distance of 117.57 feet; S. 06 °47'40" E., a distance of 127.50 feet; N. 84 °08'24" E., a distance of 60.00 feet; thence S., 06 0 47'40" E., a distance of 118.05 feet; thence S. 83 °12'20" W., a distance of 60.00 feet; thence N. 06 a distance of 4.03 feet; thence S. 85 °19'31" W., a distance of 132.67 feet; thence S 83 0 27'21" W., a distance of 295.66 feet; thence S. 14 °50'32" W., a distance of 128.10 feet; thence S. 03 0 10'38" E., a distance of 60.00 feet; thence S. 01 °20'34" E., a distance of 234.06 feet; thence S. 02 0 02'47" W., a distance of 263.59 feet; thence S. 04 0 20'49" E., a distance of 77.71 feet; thence S. 07 °03'15" E., a distance of 80.00 feet; thence S. 82 °56'45" W., a distance of 321.29 feet; thence N. 07 °03'15" W., a distance of 150.00 feet; thence N. 07 0 30'32" E., a distance of 263.05 feet; thence N. 03 °31'42" E., a distance of 185.70 feet; thence N. 03 °09'25" W., a distance of 70.68 feet; thence S. 78 °03'28" W., a distance of 6.86 feet; thence N. 11 0 56'32" W., a distance of 174.15 feet to a point on the Southerly boundary line of said Settlers Village, Filing No. 3; thence along the Southerly boundary line of said Settlers Village, Filing No. 3 the following seven (7) courses: N. 52 °10'29" E., a distance of 5.56 feet; N. 31 E., a distance of 139.13 feet; N. 13 0 44'48" E., a distance of 168.64 feet; N. 03 °26'18" W., a distance of 144.35 feet; N. 84 °30'10" E., a distance of 288.52 feet; S. 00 0 00'00" W., a distance of 72.13 feet; S. 90 0 00'00" E., a distance of 240.00 feet to the Point of Beginning Containing 11.47 acres, more or less, is hereby approved, and all dedicated streets, utility and drainage easements, rights -of -way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The acceptance of such dedicated streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. 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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 2165 01r Gilbert Ortiz PUebloCtyClk &Reo ORD R 10.00 D 0.00 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 X11 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. oQY Vae� c r INTRODUCED: April 10, 2nn6 BY: Randy Thurston L COUNCILP ERS APPROVED: VICE PRE ENT F CITY COUNCIL 0 CITY PASSED AND APPROVED: April 24, 2006 IIIIIIIIIIIIIIII IIIIIIIIIIIIIIII III 04 722 0 65 01E Gilbert Ortiz Pu@bloCtyClk &R@o ORD R 10.00 D 0.00 AGENDA ITEM # 15 DATE: APRIL 10, 2006 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATORMERRY M. PACHECO TITLE AN ORDINANCE APPROVING THE PLAT OF SETTLERS VILLAGE, FILING NO. 5, SUBDIVISION ISSUE Shall City Council approve a request to subdivide 11.47 acres into 45 lots and associated rights -of -way, for the purpose of single - family residential development? RECOMMENDATION The Planning and Zoning Commission, at their March 8, 2006 regular meeting, voted 5 -0 to recommend approval. BACKGROUND Settlers Village Subdivision, Filing No. 5, is generally located east of Hollywood Drive and south of Farabaugh Lane. On March 10, 2004, the Planning and Zoning Commission approved an amendment updating the 1997 South Point Master Development Plan. Within this section of the plan low to medium density single - family residential is permitted. This application proposes to plat 45 single - family residential lots and associated rights -of -way. Public Works staff confirmed that the applicant has complied with all items listed in the Subdivision Review Committee memo dated February 28, 2006. This application is concurrent with Z- 06 -06, which was also approved unanimously by the Planning and Zoning Commission. FINANCIAL IMPACT None. Reception 1722167 04/18/2007 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on AAAvu N 2- Zcu* between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and Horizon Communities, Inc., a Colorado Corporation ( "Subdivider "). RECITALS WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit "A"; and WHEREAS, the Subdivider, as a condition of approval of the final plat of Settlers Village, Filing No. 5 ( "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 X11 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 /0 1 /06(Revised 01/11/06) IIIIIII VIII 09 1722167 g /16/2907 03 1 :01P or with any bank or trust company licensed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit ". The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the 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) I jjj 1111I I I 11111I III 1111I III 11111 04 2167 01P Gilbert Ortiz Pue1bloCtyClk6Rec SUBD RGR 76.00 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. 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(RevisedOl /11 /06) IIII IIII IIIIIII VIII IIIIII III III IIIIIII Page: 20 67BtP Gilbert Ortiz Pue1bloCtyClk6Rec SUBD RGR 76.00 0 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 bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation arising out of this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. Venue for any such litigation shall be Pueblo County, Colorado. 14. City and Subdivider have attempted by the attached Exhibit "B" and Plans and Documents to describe all Required Public Improvements to be constructed and DPW 101 4 01 /01 /06(RevisedOl /11/06) IIII IIII VIII II VIII II IIII II IIII IIII III Page: 2007 03:01P Gilbert Ortiz PuebloCtyClk6Rec SUED RGR 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(RevisedOl /11 /06) IIII VIII IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIII a 1 722 Pa Gilbert Ortiz PueblaCtyClkBRec SUED RGR 76.00 D 0.00 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. Horizon Communities, Inc., a Colorado Corporation Subdivide � y (SEAL) By: f��,G/�� Robert W. Leach, President By: The foregoing instrument was acknowledged before me on March 27, 2007 by Robert W. Leach, President of Hori Communities, Subdivider. t : ( N u tN " r 4 � 0 r �pv ATTEST: City Inc., a Colorado Corporat expires: 8- 1 ��•�'.as.o, poY STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) CITY OF PUEBLO, a Municipal rporation By: Pr ident qYCity Council The foregoing instrument was acknowledged before me t n 06 1 1 - '7 by n � President of City Council, and t rl <i L)t) t C Pueblo, Colorado. day of ,uru ,as as City Clerk of the City of DPW 101 01 /01 /06(RevisedO l /1 1/06) d and official seal. expires: 8 /21/206 ` 7 APPROVED AS TO FORM: &,�47r n &� Notary Public IIIIIIIIIIIII VIII IIIIIIIIIIIIIIIIIIIIIIII IIII Page: 7 of 15 P Gilbert Ortiz PuebloCtyClk6Rec SUED PGR 76.00 0 0.00 DPW 101 01 /01 /06(Revised0l /1 1/06) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 216703P Gilbert Ortiz Puebl OCtyClk&Rec SUBD RGR 76.00 D 0.00 EXHIBIT "A" LAND DESCRIPTION SETTLERS VILLAGE, FILING NO. 5 A parcel of land located in the NW 1 /4 of the NE 1 /4 and the NE 1 /4 of the NE 1 /4 and the SW 1 /4 of the NE 1 /4 of Section 22, Township 21 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 North line of Section 22, Township 21 South, Range 65 West of the 6th P.M. to bear N. 89 0 40'00" E., and all bearings contained herein being relative thereto. Beginning at a point from which the NE corner of said Section 22 bears N. 58 0 4258" E., a distance of 1490.65 feet, said point also being the SE corner of Lot 5, Block 6, in Settlers Village, Filing No. 3 according to the recorded plat thereof as filed for record at Reception No. 1572897 in the Pueblo County records and also being on the Westerly boundary line of Settlers Village, Filing No. 4 according to the recorded plat thereof as filed for record at Reception No. in the Pueblo County records; thence along the Westerly boundary line of said Settlers Village, Filing No. 4 the following four (4) courses: 1. S. 00 0 00'00" W., a distance of 70.69 feet; 2. N. 83 0 12'20" E., a distance of 117.57 feet; 3. S. 06 0 4740" E., a distance of 127.50 feet; 4. N. 84 0 08'24" E., a distance of 60.00 feet; thence S., 06 0 4740" E., a distance of 118.05 feet; thence S. 83 0 12'20" W., a distance of 60.00 feet; thence N. 06 0 47'40" W., a distance of 4.03 feet; thence S. 85 0 1931" W., a distance of 132.67 feet; thence S 83 0 27'21" W., a distance of 295.66 feet; thence S. 14 0 5032" W., a distance of 128.10 feet; thence S. 03 0 1038" E., a distance of 60.00 feet; thence S. 01 E., a distance of 234.06 feet; thence S. 02 0 02'47" W., a distance of 263.59 feet; thence S. 04 0 20'49" E., a distance of 77.71 feet; thence S. 07 0 03'15" E., a distance of 80.00 feet; thence S. 82 0 5645" W., a distance of 321.29 feet; thence N. 07 0 03'15" W., a distance of 150.00 feet; thence N. 07 0 30'32" E., a distance of 263.05 feet; thence N. 03 0 31'42" E., a distance of 185.70 feet; thence N. 03 0 09'25" W., a distance of 70.68 feet; thence S. 78 0 03'28" W., a distance of 6.86 feet; thence N. 11 0 5632" W., a distance of 174.15 feet to a point on the Southerly boundary line of said Settlers Village, Filing No. 3; thence along the Southerly boundary line of said Settlers Village, Filing No. 3 the following seven (7) courses: I. N. 52 °10'29" E., a distance of 5.56 feet; 2. N. 31 °4846" E., a distance of 139.13 feet; 3. N. 13 °4448" E., a distance of 168.64 feet; 4. N. 03 0 26 1 18" W., a distance of 144.35 feet; 5. N. 84 0 30'10" E., a distance of 288.52 feet; 6. S. 00 0 00'00" W., a distance of 72.13 feet; 7. S. 90 °00'00" E., a distance of 240.00 feet to the Point of Beginning Containing 11.47 acres, more or less Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, Colorado 81003 January 18, 2006 JN 96 105 29 IIIIIIIVIIIIIIIIIIIIII ,IIIIIIVIIIVIIIIIIVIIIIIIIIIII 04 722 0 6 6.00 D 0.00 1722167 III 11111 1111 III III Page: 10 of 15 04/16/2007 03:01P Gilbert Ortiz PuebloCtyClk&Rec SUBD PGR 76.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SETTLERS VILLAGE, FILING NO. 5 JN 9610529 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PIIKA LANE STREETS 4" Asphalt over 9" Base Course 950 SY @ $17.50 /SY = $16,625 Curb and Gutter 600 LF @ $10.50 /LF = $6,300 Handicap Ramp (4) 480 SF @ $3.00 /SF $1,440 Tactile bands 4 EA @ $310.00 /EA $1,240 Flowable-Fill 10 CY @ $67.00 /CY $670 WATER 8" PVC Water Main 300 LF @ $45.00 /LF = $13,500 Service 1 EA @ $500.00 /EA = $500 Fire Hydrant Ass'y 1 EA © $3,000.00 /EA = $3,000 SANITARY SEWER: 8" PVC Sewer Main 160 LF @ $31.00 /LF = $4,960 Services 1 EA @ $1,033.00 /EA = $1,033 48" Manholes 1 EA @ $2,273.00 /EA = $2,273 STORM SEWER 36" RCP 340 L.F. @ $67.00 /LF = $22,780 Type I-B Manhole 1 EA @ $2,324.00 /EA = $2,324 STREET LIGHT 1 EA @ $1,343.00 /EA = $1,343 MONUMENT BOX 3 EA @ $594.00 /EA = $1,782 SIGNAGE 4-Way-Intersection (60' R-O-W) 1 EA @ $310.00 /EA = $310 BARRICADES L=16' 2 EA © $852.00 /EA = $1,704 SUBTOTAL $81,784 P 01111111111 1111 11111 PI 1722167 Page: 11 of 15 04/16/2007 03:01P Gilbert Ortiz PuebloCtyClk&Rec SUBS PGR 76.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SETTLERS VILLAGE, FILING NO. 5 JN 9610529 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. NOLAN TRACE STREETS 5.5" Asphalt over 11" Base Course 1500 SY @ $22.50 /SY = $33,750 Curb and Gutter 640 LF @ $10.50 /LF = $6,720 WATER 8" PVC Water Main 320 LF @ $45.00 /LF = $14,400 STREET LIGHT 1 EA @ $1,343.00 /EA = $1,343 SUBTOTAL $56,213 11111 II 11111 1111 II 1722167 Page: 12 of 15 04/16/2007 03:01P Gilbert Ortiz PuebloCtyClk&Rec SUBD AGR 76.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SETTLERS VILLAGE, FILING NO. 5 JN 9610529 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. GRIZZLY LANE STREETS 4" Asphalt over 9" Base Course 1700 SY @ $17.50 /SY = $29,750 Curb and Gutter 1050 LF @ $10.50 /LF = $11,025 Handicap Ramp (2) 240 SF @ $3.00 /SF $720 Tactile bands 2 EA @ $310.00 /EA $620 WATER 8" PVC Water Main 330 LF @ $45.00 /LF = $14,850 Service 11 EA @ $500.00 /EA = $5,500 Fire Hydrant Ass'y 2 EA @ $3,000.00 /EA = $6,000 SANITARY SEWER: 8" PVC Sewer Main 320 LF @ $31.00 /LF = $9,920 Services 11 EA @ $1,033.00 /EA = $11,363 48" Manholes 1 EA @ $2,273.00 /EA = $2,273 STORM SEWER 24" RCP 22 L.F. @ $41.00 /LF = $902 18" RCP 5 L.F. @ $39.00 /LF = $195 Type "S" Inlet L=10' 1 EA @ $3,825.00 /EA = $3,825 Type "S" Inlet L=15' 1 EA @ $4,860.00 /EA = $4,860 Type I-B Manhole 1 EA @ $2,324.00 /EA = $2,324 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 SUBTOTAL $108,802 111111 11111 111111 1722167 Page: 13 of 15 04/16/2007 03:01P Gilbert Ortiz PuebloCtyClk&Reo SUBD PGR 76.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SETTLERS VILLAGE, FILING NO. 5 JN 9610529 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. LIONS PRIDE LANE STREETS 4" Asphalt over 9" Base Course 400 SY © $17.50 /SY = $7,000 Curb and Gutter 240 LF @ $10.50 /LF = $2,520 WATER 8" PVC Water Main 120 LF @ $45.00 /LF = $5,400 SANITARY SEWER: 8" PVC Sewer Main 120 LF @ $31.00 /LF = $3,720 STORM SEWER 48" RCP 150 L.F. @ $103.00 /LF = $15,450 STREET LIGHT 1 EA @ $1,343.00 /EA = $1,343 BARRICADES L=16' 2 EA @ $852.00 /EA = $1,704 SUBTOTAL $37,137 172 11111 111111111 fl11 1111 III Pae: 14 of 04/g16/2007 03216715:01P Gilbert Ortiz PuebloCtyClk&Rec SUBD PGR 76.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SETTLERS VILLAGE, FILING NO. 5 .IN 9610529 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PTARMIGAN LANE STREETS 4" Asphalt over 9" Base Course 4000 SY © $17.50 /SY = $70,000 Curb and Gutter 2400 LF © $10.50 /LF = $25,200 Handicap Ramp (1) 120 SF @ $3.00 /SF $360 Tactile bands 1 EA @ $310.00 /EA $310 WATER 8" PVC Water Main 1200 LF © $45.00 /LF = $54,000 Service 32 EA @ $500.00 /EA = $16,000 SANITARY SEWER: 8" PVC Sewer Main 1200 LF @ $31.00 /LF = $37,200 Services 32 EA © $1,033.00 /EA = $33,056 48" Manholes 4 EA © $2,273.00 /EA = $9,092 STORM SEWER 24" RCP 36 L.F. © $41.00 /LF = $1,476 18" RCP 200 L.F. @ $39.00 /LF = $7,800 15" RCP 22 L.F. @ $36.00 /LF = $792 Type "S" Inlet L=5' 2 EA © $2,790.00 /EA = $5,580 Type "S" Inlet L=10' 1 EA © $3,825.00 /EA = $3,825 Type I-B Manhole 1 EA © $2,324.00 /EA = $2,324 STREET LIGHT 2 EA @ $1,343.00 /EA = $2,686 MONUMENT BOX 8 EA © $594.00 /EA = $4,752 SUBTOTAL $274,453 III VIII VIII II VIII II IIII I IIIIII V III 947220 6701P Gilbert Ortiz PuebloCtyClk6Rao BUBD PGR 76.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SETTLERS VILLAGE, FILING NO. 5 IN 9610529 DEVELOPER: HORIZON COMMUNITIES, INC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. TOTAL PROJECT: $558,389 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. �� 3- , Professional Engineer Date City o e to REVIEWED BY: Reception 1722168 04/18/2007 EASEMENT AND RIGHT OF WAY THIS EASEMENT, ranted this q g �_ day of cL ao rl , by Frank J. Scanio and Marion Rooke Scanio Trustees Grantor, to PUEBLO, a Municipal Corporation, Grantee: 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 Temporary Drainage in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as Settlers Village, Filing No. 5 and described as follows: (the "Property ") See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this 2 T 4 �t- day of y1,4-9L /-/ , 2007 . GRANTOR: Frank J. Scanio Trustee Un COUNTY OF NUECES ) ) ss. STATE OF TEXAS ) GRANTOR: Marion Rook Scanio Trustee By: ryl G l� cry b � 64nv b (� The foregoing instrument was acknowledged before me this k 9 day of O f y Vy J— e o 7 , by Frank J. Scanio and Marion Rooke Scanio Trustees. Witness my hand and official seal. My commission expires: 'u- 13 _ o (SEAL EM MANN Notary Public 4 �z 7 � I -O � — vblic TEXAS DPW I 02/06/0 04 -23 -2008 8 172216 Gilbert 11111111111111111111 III pill 111111111 03:01P D 0.00 EXHIBIT A TEMPORARY DRAINAGE EASEMENT An easement for Temporary Drainage purposes located in a portion of the NW 1 /4 of the NE 1 /4 and the NE 1 /4 of the NE 1 /4 of the Section 22, Township 21 South, Range 65 West of the 6th P.M. in the County of Pueblo, State of Colorado being 40 feet in width, 20 feet on each side of the following described centerline and being more particularly described as follows: Considering the North line of Section 22, Township 21 South, Range 65 West of the 6th P.M. to bear N. 89 0 40'00" E. and all bearings contained herein being relative thereto. Commencing at the Southwest corner of Lot 1, Block 7 in Settlers Village, Filing No. 4 according to the recorded plat thereof as filed for record at Reception No. 166187 in the Pueblo County Records; said point also being on the Easterly right -of -way line of Lions Pride Lane; thence S. 06 0 47'40" E., along the future right -of -way line of said Lions Pride Lane, a distance of 118.05 feet; thence S. 83 0 12'20" W., a distance of 20.00 feet to the Point of Beginning; thence S. 06 0 47'40" E., a distance of 29.64 feet; thence Southerly along the arc of a curve to the right whose radius is 810.00 feet, a distance of 115.99 feet; thence N. 87 0 52'57" W., a distance of 122.28 feet; thence Westerly along the arc of a curve to the left whose radius is 410.00 feet, a distance of 82.56 feet; thence S. 80 0 34'49" W., a distance of 209.57 feet; thence Westerly along the arc of a curve to the right whose radius is 590.00 feet, a distance of 64.28 feet; thence S. 86 0 4922" W., a distance of 31.79 feet to the Point of Terminus. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 Street Pueblo, CO 81003 January 4, 2007 JN 96 105 29 Page 1 of 2