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
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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
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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
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(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
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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.
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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.
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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
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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.
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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
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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;
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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
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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
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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.
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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