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HomeMy WebLinkAbout07468Reception 1694051 09/09/2006 ORDINANCE NO. 7468 AN ORDINANCE APPROVING THE PLAT OF PARK WEST BUSINESS SUBDIVISION, FILING NO. 4 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Park West Business Subdivision, Filing No. 4, being a subdivision of land legally described as: A parcel of land located in the E'' /2 of the NW ' / 4 and the W '/2 of the NE 1 /4 of Section 15, 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 South line of the SE 1/4 of the NW ' / 4 of Section 15, Township 20, Range 65 West of the 6 th P.M. to bear N. 88 0 43'53" E., and all bearings contained herein being relative thereto. Parcels A, B and C of Subdivision Variance 339 according to the recorded plat thereof as filed for record at Reception No. 704092 in the Pueblo County records, excepting there from that portion of said parcel in Southern Colorado Medical Center, Filing No. 1 according to the recorded plat thereof at Reception No. 1216941 in the Pueblo County records; /_1►U] Lots 1 through 40, Block 132 both inclusive in Wiley's Park Heights according to the recorded plat thereof as filed for record at Reception No. 40353 in the Pueblo County records; own All of the Colorado Kansas Railway Companys formally the Kansas Colorado Railroad Co. in the NW ' / 4 of Section 15, Township 20 South, Range 65 West lying South of U. S. Highway 50 West right -of -way line as presently located; AND IIIIII VIII IIIIII IIIIII IIII IIII (IIIIII III VIII IIII IIII 0 Page: 4051.32E Chris C 0 0.00 All of vacated Wildhorse Road as located in the N '/z of Section 15, Township 20 South, Range 65 West of the 6th P.M. lying South of U. S. Highway 50 West right -of -way line as presently located; AND All of vacated Scott Street lying West of Lots 1 through 24 both inclusive and the South '/2 of vacated 37 Street lying North of Lot 1 and the West '/z of vacated Torpy Street lying East of Lots 25 through 40 both inclusive and all of vacated 36 Street lying South of Lots 24 and 25 and the West '/z of the vacated alley lying between Lots 1 through 8 both inclusive and all of the alley between Lots 9 through 40 both inclusive all being in Block 132 in said Wiley's Park Heights; AND All of that portion of Lots 21 through 24 both inclusive in Block 117 as described in the Quit Claim Deed as recorded at Reception No. in the Pueblo County records and the vacated Scott Street and 37 Street adjacent thereto. Containing 16.08 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 VIII II II III I IIII III IIII Iillll II VIII IIII IIII 9 694051 .32; Chris C, Munoz PuebloCtyClk &Rec ORD R 21.00 D 0.00 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 notefor any reason filed and approved within one 1694051 IIII VIII Munoz I IIIl [ III I III III VIII III IIII 00 0 9/19 / 2 006 0 02:32F C. 0 00 (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes effective. INTRODUCED: May 8, 2006 0 Co y 0 x2 "'?�-ITY CLERK BY: Randy Thurston CO NCILPERSON APPROVED: PR IDENT OF CITY COUNCIL PASSED AND APPROVED: May 22, 2006 Background Paper for Proposed ORDINANCE AGENDA ITEM # 0 2 DATE: MAY 8, 2006 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/JERRY M. PACHECO TITLE AN ORDINANCE APPROVING THE PLAT OF PARK WEST BUSINESS CAMPUS SUBDIVISION, FILING NO. 4 ISSUE Shall City Council approve a request to subdivide the subject 16.03 acre property into three (3) lots and two (2) drainage parcels for commercial development? RECOMMENDATION The Planning and Zoning Commission, at their April 12, 2006 regular meeting, voted 6 -0 to recommend approval. BACKGROUND Park West Business Campus Subdivision, Filing No. 4, is generally located south of Highway 50 West and east of Parker Boulevard. With this request the applicant proposes to subdivide the subject 16.03 acre property into three (3) commercial lots and two (2) drainage parcels that will be dedicated to the City for the Wildhorse Creek drainage way. It is the recommendation of the SRC that the plat be approved with the condition that all property taxes must be paid in full prior to the ordinance approving this plat being placed on the City Council agenda. FINANCIAL IMPACT None. Reception 1698889 10/23/2006 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on e A , between the CITY OF PUEBLO, a Municipal Corpor ion ( "City "), and Peak View Business Campus L LC., a Colorado Limited Liabilitv Company ( "5ubdlvlder" ). 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 Park West Business Campus Filing No 4 ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the Pueblo Municipal Code; and WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ( "Required Public Improvements "); and WHEREAS, the Required Public Improvements are generally described in the attached Exhibit `B" and shown on approved construction plans and documents on file in the office of the City's Director of Public Works ( "Plans and Documents "). WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is obligated to provide security or collateral sufficient in the judgement of the Director of Public Works to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the foregoing and the following mutual covenants and agreements, the City and Subdivider agree as follows: Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an DPW 101 4/9/04 III 1111101111 1111I V 0 69 2 of 10 Chris C. Munoz Pueb1oCtyC1kSRec SUBD RGR 51.00 D 0.00 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. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recent proposed site and existing improvements. 5. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be a lien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. DPW 101 04/09/04 III 111 111111111111 11� 11111 III 0 69 3 of 10 { Chris C. Munoz PuebloCtyClk &Reo SUBD RGR 51.00 D 0.00 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. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to compete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible for all Required Public Improvements. DPW 101 04/09/04 IIII IIII IIII I IIII I VIII Ililll VIII I II III 069888958 Chris C. Munoz Pueb1oCtyC1k &Reo SUBD RGR 51.00 D 0.00 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 installed by Subdivider with respect to the Subdivision. However, if the attached Exhibit `B" and Plans and Documents fail to described 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 DPW 101 4 04/09/04 II 1111111111 III 111 111 IIIIII 0 69 5 of 10 8 Chris C. Munoz PuebloCtyClk &Reo SUBD PGR 51.00 D 0.00 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 five (5) years from the date hereof, 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. (b) If the Required Public Improvements are constructed and installed after five (5) yeas from the date hereof, 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 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 Public Improvements. they shall control as so modified and amended. 15. Except for Omitted Public Improvements, latent defects in construction, design or work, and guarantee required by Section 12- 4- 70)(9)(a) 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 acceptance by the Director of Public Works of the Required Public Improvements described in attached Exhibit " 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. DPW101 04/09/04 IIIIIII IIIIIIIIIII V II I VIII II III I IIIIIIII 069888958E Chris C. Munoz PuebloCtyClk &Rec SUBD PGR 51.00 D 0.00 Subdivider (SEAL) By: By: Thomas C. Cone Manager of Peak View Busi Campus, LLC., a Colorado Limited Liability Company The fing instrument was acknowledged before me on _: or l ,by Thomas C. C one, Manager of Peak Vi Campus, LLC. for My commission expires: X P1L BO(y� lD- o?a -� ' � � NOTARY tO+A U� PUBLIC 9TF OF CGS My commission exoir�g142! A City STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) he foregoing instrument was President of City Council, and Pueblo, Colorado. d and official seal. Subdivider. Limited Liability Company l Notary Public CITY OF PLTBLO, a Municipal Corporation ident of City Council me this L(JtYI day of by - t ic Iu "Lk e l t , as as City Clerk of the City of expires: & 2J -2cc Notary Public am City Attorney DPW 101 04/09/04 I II 1111111111111111 III 1111 069888958E Chris C. Munoz PuebloCtyClk &Rec BUBD RGR 51.00 D 0.00 EXHIBIT A LAND DESCRIPTION A parcel of land located in the E 1 /2 of the NW 1 /4 and the W 1 /2 of the NE t/4 of Section 15, 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 South line of the SE 114 of the NW 1 /4 of Section 15, Township 20, Range 65 West of the 6 P.M. to bear N. 88 0 43'53" E., and all bearings contained herein being relative thereto. Parcels A, B and C of Subdivision Variance 339 according to the recorded plat thereof as filed for record at Reception No. 704092 in the Pueblo County records, excepting there from that portion of said parcel in Southern Colorado Medical Center, Filing No. 1 according to the recorded plat thereof at Reception No. 1216941 in the Pueblo County records; AND Lots 1 through 40, Block 132 both inclusive in Wiley's Park Heights according to the recorded plat thereof as filed for record at Reception No. 40353 in the Pueblo County records; AND All of the Colorado Kansas Railway Companys formally the Kansas Colorado Railroad Co. in the NW 1 /4 of Section 15, Township 20 South, Range 65 West lying South of U. S. Highway 50 West right -of -way line as presently located; AND All of vacated Wildhorse Road as located in the N 1 /2 of Section 15, Township 20 South, Range 65 West of the 6th P.M. lying South of U. S. Highway 50 West right -of -way line as presently located; AND All of vacated Scott Street lying West of Lots 1 through 24 both inclusive and the South 1 /2 of vacated 37 Street lying North of Lot 1 and the West 1 /2 of vacated Torpy Street lying East of Lots 25 through 40 both inclusive and all of vacated 36 Street lying South of Lots 24 and 25 and the West 1 /2 of the vacated alley lying between Lots 1 through 8 both inclusive and all of the alley between Lots 9 through 40 both inclusive all being in Block 132 in said Wiley's Park Heights; II II I 11 HIIII III IIIIIII I III IIIIIIII IIIII 069888958E AND Chris C. Munoz PuebloCtyClk &Rec SUBD RGR 51.00 D 0.00 All of that portion of Lots 21 through 24 both inclusive in Block 117 as described in the Quit Claim Deed as recorded at Reception No. 1666045 in the Pueblo County records and the vacated Scott Street and 37 Street adjacent thereto. Containing 16.08 acres, more or less Prepared by, NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, Colorado 81003 March 14, 2006 JN 99 045 14 Reception 1694053 09/19/2006 RATIFICATION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by a deed of trust recorded May 31 1 2005 , in Book at Page , Reception Number 1677573 , does hereby ratify and consent to the subdivision of the land platted as Park West Bu siness Campus Filing No. 4 shown on the Subdivision Plat recorded by Reception Number in the records of Pueblo County, Colorado, and confirms and joins in the dedication of all streets, easements, rights of way and access restrictions shown thereon and subordinates its interest in the property described in the Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto between the Subdivider and City of Pueblo executed in conjunction therewith. Signed this day of X 0 (4 11 Wt ., U.S. Bank N.A. Company Name n`. ru e x . .M►' Title: [i ✓cL /'� f oc STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me t h i s /P day of > oSoa<� by U.S. Bank as /CF 7!�,'-c i6E.J of (.l. -S My Commission Expires: �,l- /2--pd Notary Public DPW 107 02/05/02 Reception 1694054 09/19/2006 NOTICE OF SHALLOW SANITARY SEWER SERVICE LINES Notice is hereby given to the owner(s) of Lot(s) 1 and 2 , Block Park Wes Business Campus, Filing No. 4 , 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 20�? _. SUBDIVIDER By: Name: Thomas C. Cone Title: Manager of Peak View Business Campu LLC., a Co'o ado LImit d Liability Comppany Address: f0 N. Casca�e Ave., Suite 2S0 Colorado Springs, CO 80903 STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this a7 day of kLA 20Q� by Thomas C. Cone, Manager of , Subdivider. Peak View Business Campus, LLC., Witness my hand and official sea[. a Colorado Limited Liability Company My commission expires: 0 WRj 92 NOTARY � � o � PUBLIC o0 lF OF CO My commission expires 10182009 �6NOtary Public DPW] 17 Reception 1694055 09/19/2006 DECLARATION OF COVENANTS CONCERNING Drainage EASEMENTS FOR (type of easement) Park West Business Campus, Filing No. 4 (name of subdivision) THIS DECLARATION OF COVENANTS is made as of by Peak View Business Campus, LLC., a Colorado Limited Liability Company , herein the "Declarant'. Easement means and includes the land shown and dedicated on the plat of the Subdivision, or otherwise granted or dedicated in or outside of the Subdivision, for landscaping, drainage, storm water detention, streets, sidewalks, or utility purposes that serve or benefit the Subdivision. Easements granted or dedicated outside of the Subdivision are described in the attached Exhibits (`B ", "C"). Facilities means and includes storm water detention and drainage located in an Easement. Lot means a lot or other designated parcel of land within the Subdivision other than Easements. Lot Owner means and includes all persons and entities having any right, title or interest in and to a Lot, or any part thereof. Subdivision means the Park West Business CaIDDUS, Filing No. 4 Subject Property means the real property located in Pueblo County, Colorado and described in the attached Exhibit `A ". RECITALS A. Declarant is the record owner of, and has fee simple title to the Subject Property. 1. insert name and address of property owners. 2. Describe all improvements, the repair, maintenance, and replacement of which are not the obligation of the City nor any provider of utility services. 3. Insert name of subdivision. DPW 105 02/05/02 IIIIII IIIII Ip 11111111111111111111111111111111 .00 0 694055 32F D 0. 00 Chris C. Munoz B. Declarant intends to or has subdivided the Subject Property and platted the Subject Property as the Subdivision. C. Declarant desires to provide for the orderly development of the Subdivision and to insure the proper installation, maintenance and repair of the Easements and Facilities. NOW THEREFORE, Declarant declares that the Subject Property and all Lots within the Subdivision shall be held, transferred, sold, conveyed, occupied, and used subject to the following covenants, conditions, and restrictions: 1. Purpose. The purpose of the covenants and provisions of this Declaration of Covenants is to insure the proper and orderly development of the Subject Property and to provide a reasonable method to maintain and repair the Easements and Facilities to the benefit of all the Lots within the Subdivision. 2. Covenants (a) Declarant shall install the Easements and Facilities in accordance with the plans and specifications therefore approved by, and on file with the City of Pueblo. Declarant shall record this Declaration of Covenants in the office of the Pueblo County Clerk and Recorder contemporaneously with but immediately after the recording of the plat of the Subdivision. (b) Each Lot Owner shall be primarily responsible for maintaining the Facilities in good working order and condition and for the repair and replacement of the Facilities located in an Easement on or adjacent to such Lot Owner's Lot; provided, however, that all Lot Owners shall be jointly and severally liable for maintaining the Facilities in good working order and condition and for the repair and replacement of the Facilities. (c) The City of Pueblo is granted the right at its option (but not the obligation) to inspect, control, repair, maintain and replace the Facilities and to recover all costs and expenses thereof plus an administrative charge of 15% from the Lot Owners. All such City's cost and administrative charge shall become a perpetual lien on all the Lots within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth City's cost and describing the Lots 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 of Pueblo to any liability for such failure. DPW 105 02/05/02 IIIIII C. M IIIIII IIIIII IIII IIII IIIIIII III VIII IIII IIII 0 Page: 69405532E 3. Bindin¢ Effect Each of the covenants and provisions of this Declaration of Covenants shall run with the Subject Property and Lots within the Subdivision, and shall forever be binding upon and inure to the benefit of all Lot Owners and their respective heirs, personal representatives, successors and assigns. 4. Enforcement. (a) The covenants and provisions of this Declaration of Covenants shall be enforceable at law or in equity by any Lot Owner or the City of Pueblo against any person or entity violating, attempting to violate, or not complying with any of the covenants and provisions of this Declaration of Covenants. (b) Failure of any Lot Owner or the City of Pueblo to enforce any of the covenants or provisions of this Declaration of Covenants shall in no event constitute or be deemed to constitute a waiver of the right to do so thereafter, and shall not subject any Lot Owner or the City of Pueblo to any liability for failure to enforce. (c) The enforcing party may seek and recover damages or injunctive relief or both. In the event of any action or litigation arising out of or to enforce this Declaration of Covenants, the Court shall award the prevailing party its costs and expenses including reasonable attorney fees. Venue for any such action shall be in the District Court In And For the County of Pueblo, State of Colorado, and for purposes thereof, Declarant and all Lot Owners agree to submit to the jurisdiction of that Court. 5. Survival Invalidation of any one of the covenants or provisions of this Declaration of Covenants whether by final judgment or court order shall not affect any of the remaining covenants or provisions, which shall remain in full force and effect. 6. Modification Neither this Declaration of Covenants nor any of the provisions hereof may be cancelled, terminated, amended or modified without the prior written consent of all the Lot Owners and the City of Pueblo. DPW t05 02/05/02 IIIIII M unoz IIIIII IIIIII IIII IIII IIIIIII III VIII IIII IIIIO Pa ge: 69405532E Applicable Law This Declaration of Covenants shall be construed, interpreted and enforced in accordance with the laws of the State of Colorado. Executed the day and year first above written. Declarant Thomas C. Cone, Manager of COUNTY OF PUEBLO ) Peak View Business Campus, LLC. , )ss. a Colorado Limited Liability Company STATE OF COLORADO) The foregoing instrument was acknowledged before me this A " day of 006 by Thomas C. Cone, Manager of Peak View Business Campus, LLC., a Colorado Limited Liability Company Witness my hand and official seal. My commission expires: o -'29 -C;�90 BOGy2 NOTARY to Public -�t * * * kua PUBLIC o Mycommission expires lMS -2009 DPW 105 02/05/02 Reception 1694056 09/19/2006 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this J 4 1 - - h day of ��,L I by Peak Vi Business Campus, LLC. , , Grantor, to PUEBLO, a MunicipaKoorporation, Grantee: a Colorado Limited Liability Company 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 Ingress/ Egress in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as See attached Exhibit "A" 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 propose 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 V day of jj4— DD� . Al `Phomas C. Cone, Manager of COUNTY OF PUEBLO ) Peak View Business Campus, LLC., )ss. a Colorado Limited Liability Company STATE OF COLORADO) hh// � The for going instrumn�� ac knowledged before me this day of e R Q0 tA Thomas C. Cone, Manager of Pea View Business Campus, LLC., a Colorado Limited Liability Company Witness my hand and official seal. Q (� My commission expires: �. noly NOTARY x� PUBLIC o 0 9TF �F GOL�� 04��l z tw�x� Notary Pu c My commission Roos ha -MD09 II II II Munoz I IIII II III lRec IIII VIII III O Page: 69405632E EXHIBIT A INGRESS /EGRESS EASEMENT An easement for Ingress /Egress purposes through a portion of the SE 1 /4 of the NW 1 /4 Of Section 15, 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 Easterly right -of -way line of Parker Boulevard as presently located in Southern Colorado Medical Center, Fling No. 1 according to the recorded plat thereof as filed for record at Reception No. 1216941 in the Pueblo County records to bear N. 19 0 33'18" W., and all bearings contained herein being relative thereto. Commencing at the Southeast corner of said Parker Boulevard right -of -way line as presently located in Southern Colorado Medical Center, Filing No. 1; thence N. 88 0 2338" E., along the Southerly right -of -way line of future Parker Boulevard if extended easterly, a distance of 27.38 feet to the Point of Beginning; thence continuing N. 88 E., along the Southerly right -of -way line of said future Parker Boulevard if extended easterly, a distance of 31.58 feet; thence S. 19 0 4833" E., a distance of 90.14 feet; thence S. 70 0 1127" W., a distance of 30.00 feet; thence N. 19 0 4833" W., a distance of 100.00 feet to a point on the Southerly right -of -way line of said future Parker Boulevard if extended easterly and the Point of Beginning. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5"' Street Pueblo, Colorado 81003 May 24, 2006 IN 99 045 14 Page 1 of 2 Reception 1694057 09/19/2006 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this day of ' ku , , �(�� r , by Peak View B usiness Campus, LLC. , , Grantor, to Pueblo, a Municipal 66rporation, Grantee: a Colorado Limited Liability Company WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged. Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of Drainage Improvements , in, through, over, under and across Grantor's property situated in Pueblo County, Colorado described in the attached Exhibit "A" (the Property). Grantor shall install Drainage Improvements in the Property in accordance with plans and specifications therefore approved by, and on file with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair and replace the Facilities. Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15% from the Grantor. For such purposes. Grantee is granted the right to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the Grantee to any liability for such failure. Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way. and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the Property. "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 a� day of i COUNTY OF PUEBLO Thomas C. Cone, Manager of Peak View Business Campus, LLC., a Colorado Limited Liability Company ) ss. STATE OF COLORADO) The foregoing instrument w as ac before me this O(/ ,- day of p(QD (O by Thomas C. Cone, Manager of Pueak V iew Business Campus, LLC., a Colorado Limited Liability Witness my hand and official seal. q Company g mission Expires: 9 Not y Pu lie Q my commission expires 10 -28 -2009 Ch ris IIIII VIII IIIIII IIIIiI IIII IN 1111111111111111111111 I 9694 @5732F EXHIBIT A DRAINAGE EASEMENT An easement for Drainage purposes through a portion the N '/z of Section 15, 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 South line of the SE 1 /4 of the NW 1 /4 of Section 15, Township 20, South, Range 65 West of the 6"' P.M. to bear N. 88 0 43'53" E., and all bearings contained herein being relative thereto. Commencing at the Center of said Section 15, Township 20 South, Range 65 West; said point also being the Southwest corner of Wiley's Park Heights according to the recorded plat thereof as filed for record at Reception No. 40353 in the Pueblo County records; thence N. 88 0 40'59" E., along the South line of the NE 1 /4 of said Section 15 and the Southerly line of said Wiley's Park Heights a distance of 81.68 feet to the Point of Beginning; thence N. 88 0 40'59" E., continuing along the South line of the NE 1 /4 of said Section 15 and the Southerly line of said Wiley's Park Heights, a distance of 240.65 feet to a point on the centerline of Torpy Street in said Wiley's Park Heights; thence N. 01 0 35'35" W., along the centerline of said Torpy Street, a distance of 130.00 feet; thence S. 88 0 40'59" W., parallel to the south line of the NE 1 /4 of said Section 15 and through a portion of Lots 20 and 29, Block 132 in said Wiley's Park Heights, a distance of 364.24 feet; thence S. 45 0 00'53" E., a distance of 179.81 feet to a point on the South line of the NE 1 /4 of said Section 15 and the Southerly line of said Wiley' Park Heights to the Point of Beginning. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5"' Street Pueblo, Colorado 81003 May 24, 2006 IN 99 045 14 Page 1 of 2 1694057 2006 0 IEIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0.00 2.32F Chris C. Munoz Reception 1694058 09/19/2006 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this' AO day of Ly, by Peak View B usiness Campus, LLC. , Grantor, to Pueblo, a Municipal Vorporation, Grantee: a Colorado Limited Liability Company WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of Drainage Improvements , in, through, over, under and across Grantor's property situated in Pueblo County, Colorado described in the attached Exhibit "A" (the Property). Grantor shall install Drainage Improvements in the Property in accordance with plans and specifications therefore approved by, and on file with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair and replace the Facilities. Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15% from the Grantor. For such purposes. Grantee is granted the right to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the Grantee to any liability for such failure. Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) wil I 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 ay day of GRANTO B _ homas C. Cone, Manager of Peak View Business Campus, LLC., a Colorado Limited Liability Company COUNTY OF PUEBLO ) ss. STATE OF COLORADO) �7 The foregoing instrument was aclynowledged before me this q day of (pa(�Q _ by Thomas C. Cone, Manager of Pueak V iew Business Campus, LLC., a Colorado Limited Liability Witness my hand and official seal Q Company My Commission Expires: SE BOkk, Notary tic NOTARY P� PUBLIC F OF co My commission expires 1x28 -2009 I IIIIII VIII IIIIII IIIIII IIII VIII &R III IIIII I I 1111 694058 32 Chris C. Munoz Pueb l CC t yCl EXHIBIT A DRAINAGE EASEMENT An easement for Drainage purposes through a portion of the NW 1 /4 of Section 15, 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 Easterly right -of -way line of Parker Boulevard as presently located in Southern Colorado Medical Center, Filing No. 1 according to the recorded plat thereof as filed for record at Reception No. 1216941 in the Pueblo County records to bear N. 19 0 33'18" W., and all bearings contained herein being relative thereto. Commencing at the Northeast corner of said Parker Boulevard as presently located in Southern Colorado Medical Center, Filing No. 1; thence N. 88 0 2338" E., along the Northerly right -of -way line of future Parker Boulevard if extended easterly, a distance of 58.57 feet to the Point of Beginning; thence N. 19 0 4833" W., a distance of 44.18 feet to a point on the Southerly right -of -way line of U.S. Highway No. 50 West as presently located; thence N. 70 0 2642" E., along the said Southerly right -of -way line of U.S. Highway No. 50 West, a distance of 1.48 feet; thence N. 88 0 2338" E., a distance of 196.04 feet to a point on the Westerly right -of -way line of Scott Street as presently located in Wiley's Park Heights according to the recorded plat thereof as filed for record at Reception No. 40353 in the Pueblo County records; thence S. 01 E., along the Westerly right -of -way line of said Scott Street, a distance of 49.15 feet to a point on the Northerly right -of -way line of future Parker Boulevard if extended easterly; thence Westerly along said Northerly right -of -way line of future Parker Boulevard if extended easterly, along the arc of a curve to the left whose radius is 540.00 feet and whose center bears S. 07 0 2654" W., a distance of 85.34 feet; thence S. 88 0 2338" W., continuing along the said Northerly right -of -way line of future Parker Boulevard if extended easterly, a distance of 98.66 feet to the Point of Beginning. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5th Street Pueblo, Colorado 81003 May 24, 2006 IN 99 045 14 Page 1 of 2 Chris IIIIO 9694058 32E Reception 1694059 09/19/2006 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this CA day of cam by Peak Vi Business Campus, LLC. , , Grantor, to PUEBLO, a MunichjI Corporation, Grantee: a Colorado Limited Liability Company WITNESSETH: THAT INCONSIDERATION 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 Ingress/ Egress in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as See attached Exhibit "A" and described as follows: (the "Property ") See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for the proposes 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 1 57?Oday of GRAN Bv: omas C. Cone, Manager of COUNTY OF PUEBLO ) Peak View Business Campus, LLC., )ss. a Colorado Limited Liability Company STATE OF COLOR-ADO) The foregoing instrument�w�knowledged before me this R�� Jm of by Thomas C. Cone, Manager of Pea View Business Campus, LLC., a Colorado Limited Liability Company Witness my hand and official seal. My commission expires: rT Ow - ARY Notary Public �wi•v .._�� I'Un�w i .o My commission expires 10-2 8-2009 Munoz Page; 69405932F Ch EXHIBIT A INGRESS /EGRESS EASEMENT An easement for Ingress /Egress purposes through a portion the N 1 /2 of Section 15, 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 South line of the SE 1 /4 of the NW 1 /4 of Section 15, Township 20, South, Range 65 West of the 6 th P.M. to bear N. 88 0 43'53" E., and all bearings contained herein being relative thereto. Commencing at the Center of said Section 15, Township 20 South, Range 65 West; said point also being the Southwest corner of Wiley's Park Heights according to the recorded plat thereof as filed for record at Reception No. 40353 in the Pueblo County records; thence N. 88 0 40'59" E., along the South line of the NE 1 /4 of said Section 15 and the Southerly line of said Wiley's Park Heights, a distance of 81.68 feet to the Point of Beginning; thence N. 19 0 4833" W., through a portion of Lots 18 through 24 both inclusive in Block 132 in said Wiley's Park Heights, a distance of 766.21 feet; thence N. 70 0 11'27" E., a distance of 30.00 feet; thence S. 19 0 4833" E., through a portion of Lots 15 through 24 both inclusive Block 132 in said Wiley's Park Heights, a distance of 776.24 feet to a point on the South line of the NE 1 /4 of said Section 15 and the Southerly line of said Wiley's Park Heights; thence S. 88 0 40'59" W., along the South line of the NE 1 /4 of said Section 15 and the Southerly line of said Wiley's Park Heights, a distance of 31.63 feet to the Point of Beginning. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5"' Street Pueblo, Colorado 81003 May 24, 2006 JN 99 045 14 Page 1 of 2 Reception 1694060 09/19/2006 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this _ C;�f_ day of , JWLP by Peak Vi Business Campus, LLC. , , Grantor, to PUEBLO, a Municipa orporation, Grantee: a Colorado Limited Liability Company 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 Ingress/ , Egress in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as See attached Exhibit "A" 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 -wav 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 � day of Lo GRANTO B_v: Thomas C. Cone, Manager of COUNTY OF PUEBLO ) Peak View Business Campus, LLC., )ss. a Colorado Limited Liability Company STATE OF COLORADO) The foregoing instnnnent was acknowledged before me this �� day of �t7(o ,by Thomas C. Cone, Manager of Pea View Business Campus, LLC., a Colorado Limited Liability Company Witness my hand and official seal. My c is&j I ires: /d - C25 -X0 / SEAL; NOTARY a Notary Publi DPNV II PUBLIC o 02/06 /02 ' My commission expires 10-2 &2009 111111111111111111111EIII1111111111111111111111111111 0 694 @ Chris C. Munoz Pue Y EXHIBIT A INGRESS /EGRESS EASEMENT An easement for Ingress /Egress purposes through a portion of the NW 1 /4 of Section 15, 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 Easterly right -of -way line of Parker Boulevard as presently located in Southern Colorado Medical Center, Filing No. 1 according to the recorded plat thereof as filed for record at Reception No. 1216941 in the Pueblo County records to bear N. 19 0 33'18" W., and all bearings contained herein being relative thereto. Commencing at the Northeast corner of said Parker Boulevard right -of -way line as presently located in Southern Colorado Medical Center, Filing No. 1; thence N. 88 0 23'38" E., along the Northerly right -of -way line of future Parker Boulevard right -of- way line if extended easterly, a distance of 26.99 feet to the Point of Beginning; thence N. 19 0 48'33" W., a distance of 34.44 feet to a point on the Southerly right -of -way line of U.S. Highway No. 50 West as presently located; thence N. 70 0 2642" E., along the said Southerly right -of -way line of U.S. Highway 50 West, a distance of 30.00 feet; thence S. 19 0 4833" E., a distance of 44.18 feet to a point on Northerly right -of -way line of said future Parker Boulevard if extended easterly; thence S. 88 0 2338" W., along the Northerly right -of -way line of said future Parker Boulevard if extended easterly, a distance of 31.58 feet to the Point of Beginning. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5"' Street Pueblo, Colorado 81003 May 24, 2006 JN 99 045 14 Page 1 of 2