HomeMy WebLinkAbout07522Reception 1729322
06/07/2007
ORDINANCE NO. 7522
AN ORDINANCE APPROVING THE PLAT OF THE EAGLECROSS BUSINESS
CENTER SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of The Plat Of The Eaglecross Business Center Subdivision being a
subdivision of land legally described as:
A re- subdivision of Lots 1 through 10 Block 2 and Lots 5 through 9 and 11
through 20, Block 3, Fountain Park Commercial Center and a portion of the E /3
of Section 12 and a portion of the SW Y, of the SE' /. of Section 1, Township 20
South, Range 65 West of the Sixth Principal Meridian. City of Pueblo, Pueblo
County, Colorado.
Said parcels contains 64.49 acres, more or less.
is hereby approved, and all dedicated streets, utility and drainage easements, rights -of -way and
land set aside for public sites, parks and open spaces shown and dedicated on said plat are
hereby accepted for public use.
SECTION 2.
The acceptance of such dedicated streets, rights -of -way, utility and drainage easements,
public sites, parks and open spaces by the City does not obligate the City to maintain or repair
same until such streets, rights -of -way, utility and drainage easements, public sites, parks and
open spaces have been constructed and installed in compliance and in accordance with the
requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended
and any agreement entered into pursuant thereto.
SECTION 3.
Neither the adoption of this ordinance nor the requirements imposed hereby shall create
any duty or obligation of any person, firm, corporation or other entity with regard to the
enforcement or nonenforcement of this ordinance or the City's Subdivision Ordinances and
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regulations. No person, firm, corporation or other entity shall have any private right of action,
claim or demand against the City or its officers, employees or agents, for any injury, damage or
liability arising out of or in any way connected with the adoption, enforcement, or
nonenforcement of this ordinance or the Subdivision Ordinance and Regulations of the City, or
the engineering, surveying, drainage improvement or other work or improvements required
thereby. Nothing in this ordinance or in the City's subdivision ordinances and regulations shall
create or be construed to create any claim, demand or liability against the City or its officers,
employees or agents, or to waive any of the immunities, limitations on liability, or other
provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq. Colorado
Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the
City or its officers, employees or agents.
SECTION 4.
This ordinance shall be approved upon final passage but shall not become effective until
(a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of
the Pueblo Municipal Code meeting and complying with the subdivision requirements of the City
with such modifications, if any, approved by City Council, have been filed with and approved by
the Director of Public Works, and (b) the final subdivision plat is recorded in the office of the
Pueblo County Clerk and Recorder. If any such filings and -approvals have been deferred
pursuant to Section 12-4 -5 (B) (2) of the Pueblo Municipal Code, and are not for any reason
filed and approved within one (1) year after final passage of this Ordinance, or within any
extended period granted by Resolution of the City Council, this ordinance shall automatically be
rescinded and repealed thirty (30) days after written notice of such rescission and repeal is
given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this
Ordinance becomes effective.
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SECTION 5.
The City Council finds and determines that the Subdivision, its development and use,
and traffic generated on, to and from the Subdivision will impact and contribute to the need and
necessity for the proposed Dillon Drive /Platteville split- diamond interchange on Interstate 25
(the "Project "). Therefore, no building permit shall be issued for any building or structure on any
lot within the Subdivision until Subdivider enters into an agreement with the City providing for
the payment of a Project fee roughly proportional both in nature and extent of the impact of the
proposed use or development of the Subdivision. This restriction on issuance of building
permits shall be noted on the Subdivision plat.
ATTESTED'�MR
CITY CLERK
INTRODUCED: August 28, 2006
BY: Randy Thurston
J fCj {! COU ERSON
APPROVED:
PR SIDENT OF CITY COUNCIL
PASSED AND APPROVED: Spptpmhpr 11 2nO6
Background Paper for Proposed
ORDINANCE
&d - �
AGENDA ITEM # I S
DATE: AUGUST 28, 2006
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATORWERRY M. PACHECO
TITLE
AN ORDINANCE APPROVING THE PLAT OF THE EAGLECROSS BUSINESS
CENTER SUBDIVISION
0
Shall City Council approve a request to replat 64.49 acres to create 22 commercial lots and
facilitate the realignment of the future Dillon Drive?
The Planning and Zoning Commission, at their June 14, 2006 regular meeting, voted 5-0 to
recommend approval.
BACKGROUND
This property is generally located 1,000 feet north of the intersection of Dillon Drive and
Eagleridge Boulevard, east of Interstate 25.
Applicant proposes to combine a portion of vacant unplatted land with several lots from the
Fountain Park Commercial Center Subdivision and associated rights -of -way to be vacated into
a new subdivision. As proposed, this 64.49 -acre subdivision will plat 22 lots, a drainage parcel
and necessary rights -of -way.
In the Subdivision Review Committee memo dated May 31, 2006, it was their recommendation
that the plat be approved if the deficiencies were addressed; and if all property included within
this subdivision is required to contribute a proportionate financial contribution to fund the public
improvements to the Dillon Drive /Platteville split- diamond interchange on 1 -25.
Section 5 of the subdivision ordinance requires the property owner to enter into an agreement
with the City to provide for the property owner's proportionate financial contribution to fund the
public improvements to the Dillon Drive /Platteville split- diamond interchange on Interstate 25.
WMTKUWLi
None.
Reception 1729324
06/07/2007
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on � Y9 7 ADO , between the
CITY OF PUEBLO, a Municipal Corporation (`' ity "), and
W.L. Ent Ltd., a New Mexico Limited Partnership
("Subdivider ").
RECITALS
WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land
located in the City and legally described in attached Exhibit "A "; and
WHEREAS, the Subdivider, as a condition of approval of the final plat of
ss Business Park
( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by
Chapter 4, Title XII of the Pueblo Municipal Code; and
WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code
to construct and install public improvements described and set forth in Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by City Council
( "Required Public Improvements"); and
WHEREAS, the Required Public Improvements are generally described in the attached
Exhibit `B" and shown on approved construction plans and documents on file in the office of the
City's Director of Public Works ( "Plans and Documents ").
WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is
obligated to provide security or collateral sufficient in the judgement of the Director of Public
Works to make reasonable provisions to construct and complete the Required Public
Improvements.
NOW, THEREFORE, in consideration of the foregoing and the following mutual
covenants and agreements, the City and Subdivider agree as follows:
1. Subdivider agrees within one hundred and eighty (180) days after applying for a
building permit to construct any building or structure on any building site within the
Subdivision, or upon the issuance of a certificate of occupancy for any such building
or structure, whichever occurs first, to construct and install at its sole cost all of the
Required Public Improvements.
2. In lieu of installing the Required Public Improvements within the time period
prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any
portion thereof shall deposit cash or other collateral with the City Director of Finance,
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or with any bank or trust company licensed in the State of Colorado, subject to an
escrow agreement approved by the City Attorney. The holder of such cash or
collateral shall pay all or any portion thereof to the City upon demand after the time
to complete all Required Public Improvements by Subdivider or subsequent owner
expires. Such deposit or escrow agreement shall be referred to as the "deposit ".
3. The amount of the deposit shall be computed by the City's Director of Public Works
by estimating the total cost of all uncompleted Required Public Improvements within
the block at the time application for building permit is made. The amount of the
deposit required by this alternative shall not be less than 25% of such estimate plus
the cost of extending all required sewer and water lines from nearest existing sewer
and water lines to the proposed building site for which a building permit is sought,
plus the costs of extending curb, gutter, sidewalk and paving from the edge of the
Subdivision or existing improvements of a like nature, whichever is closer to the
proposed building site. In any case where the block, as later defined, exceeds one
thousand (1000') feet in length between intersecting streets, the estimate of the City
Director of Public Works under this paragraph may be reduced to the total costs of all
uncompleted Required Public Improvements in at least one half (1/2) of such block,
and the required deposit shall be based upon such decreased estimate. The
Subdivider, however, shall provide a turnaround of at least sixty (60') feet in
diameter at the mid -block point and barricade such street so that no through traffic
shall be permitted beyond the point to which the estimate of Director of Public Works
is based.
4. Within one hundred eighty (180) days after subsequent application for a building
permit to construct any building or structure upon any building site within the block,
or upon the issuance of a certificate of occupancy for any such building or structure,
whichever occurs first, Subdivider shall also deposit an amount not less than the
estimate of the Director of Public Works for all Required Public Improvements from
existing improvements to the proposed building site, less any previous deposits made
under this agreement upon building sites lying between the most recent proposed site
and existing improvements.
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.
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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.
7. As a condition of approval of this Subdivision, and to meet the requirements of
Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees
that no certificate of occupancy shall be issued by the,Pueblo Regional Building
Department until the Required Public Improvements, or those improvements
necessary as determined by the City Director of Public Works, to totally serve
specific lot(s) or block(s) for which certificates of occupancy are sought, have been
properly designed, engineered, constructed and accepted as meeting the specifications
and standards of the City.
The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and
the restriction on the issuance of building permits contained in Paragraph 5 shall run
with the land and shall extend to and be binding upon the heirs, legal representatives,
successors, and assigns of the Subdivider and may be specifically enforced by the
City.
8. Acceptance of this Subdivision by the City does not constitute an acceptance of the
roads, parks and other public improvements for maintenance by the City. Until such
roads, parks, and other public improvements have been installed and meet the
requirements, standards, and specifications of the City, its Subdivision ordinances
and any applicable Parks Department specifications, and such are specifically
approved and accepted in writing by the City Director of Public Works, and, if
appropriate, the City Director of Parks and Recreation, the maintenance, construction,
and all other matters pertaining to or affecting said roads, parks and other public
improvements and rights -of -way are the sole responsibility of the Subdivider or any
subsequent owner(s) of the land within the Subdivision.
9. The required time to complete all Required Public Improvements by Subdivider
within such block shall be one (1) year from the date of application for the first
building permit issued within such block. Upon completion and written approval and
acceptance of the Required Public Improvements within the required time and the
payment of all inspection costs by Subdivider, the Director of Public Works shall
cause all obligations of the Subdivider relating to the Required Public Improvements
within such block to be released. If such Required Public Improvements are not
completed within the required time, the City Director of Public Works may cause the
proceeds of all deposits or other collateral or monies in escrow to be used to compete
the same. If insufficient monies are available at the end of the required time to
complete all Required Public Improvements for the entire length of such block, the
Director of Public Works shall cause all collateral or monies in escrow to be reduced
to cash and shall deposit the same with the Director of Finance. Such cash shall be
used to complete that portion of the Required Public Improvements as the Director of
Public Works, in the Director's sole discretion, shall determine. Until all the
Required Public Improvements are completed and approved by the Director of Public
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Works, Subdivider and the subdivided land shall remain liable and responsible for all
Required Public Improvements.
10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or
abutting upon the street which the proposed building or structure shall front, to the
rear property line of such lots, or the center line of the alley, if there is an alley,
enclosed at either end by a street which intersects both tiers of lots and shall include
the full width of all streets upon which such lots abut.
11. If the Required Public Improvements are for a commercial subdivision and include
stormwater drainage facilities, stormwater detention facilities, or maintenance and
restoration of adjacent drainage channels, and/or associated improvements and
revegetation (the "facilities "), located either within or outside of the Subdivision,
Subdivider shall install the facilities in accordance with plans and specifications
therefore approved by, and on file with the City, and thereafter, the facilities shall be
repaired, replaced and maintained in good working order and condition by the owners
of the land within the Subdivision. The City is granted the right (but not the
obligation) to inspect, control, repair, replace and maintain the facilities and to
recover all costs and expenses therefore including an administrative charge of 15%
from the owners of the land within the Subdivision. All such City's costs and
administrative charges shall become a perpetual lien on all the land within the
Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a
statement of lien setting forth the City's costs and describing the land signed by the
City's Director of Public Works. Failure of the City to inspect, control, repair,
maintain, or replace the facilities shall not subject the City to any liability for such
failure.
12. Subdivider agrees to provide the City with a current title insurance commitment at the
time of final platting evidencing that fee simple title of all lands in the Subdivision is
totally vested with the Subdivider free and clear of all liens and encumbrances. If
such land is not free and clear, the holder of such indebtedness or encumbrance shall
subordinate its interest or encumbrance to this Agreement and all its terms,
conditions, and restrictions.
13. The City or the purchaser of any lot(s) within this Subdivision shall have the
authority to bring an action in any Court of competent jurisdiction to compel the
enforcement of this Agreement or any amendment hereto. Such authority shall
include the right to compel rescission of any sale, conveyance, or transfer of any
lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this
Agreement. In the event of any litigation arising out of this Agreement, the Court
shall award the prevailing parry 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
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installed by Subdivider with respect to the Subdivision. However, if the attached
Exhibit `B" and Plans and Documents fail to describe or to include, for any reason,
any Required Public Improvement described and set forth in Chapter 4, Title XII of
the Pueblo Municipal Code and the standards and specifications approved by City
Council ("Omitted Public Improvement"), Subdivider shall not be released or
discharged from Subdivider's obligation to construct and install the Omitted Public
Improvement in the time and manner contained in this Agreement and Chapter 4,
Title XII of the Pueblo Municipal Code.
In order to determine whether or not there are Omitted Public Improvements, the
following shall be applicable:
(a) If the Required Public Improvements are constructed and installed within ten
(10) years from the date hereof, or within a five year extension if granted in
writing by the Director of Public Works, then Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by the
City Council and interpreted as of the date hereof shall control, unless
adherence to a more recent standard does not require significant engineering
modifications or major revisions to the plans and documents.
For the purposes of this subsection, a major revision is defined as, but not
necessarily limited to the relocation or re- alignment of any curb and gutter,
sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or
type of sewer mains, inlets, curb and gutter or sidewalk.
(b) If the Required Public Improvements are constructed and installed after ten
(10) years from the date hereof, or after a five year extension if granted in
writing by the Director of Public Works, then Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by the
City Coucil and interpreted as of the date the Required Public Improvements
are constructed and installed shall control.
(c) If Chapter 4 of Title XII and/or the standards and specifications approved by
the City Council are modified or amended to conform with the requirements
of federal or state law, rules or regulations prior to the construction and
installation of the Required Improvements, they shall control as so modified
and amended.
15. Except for guarantee and obligation to correct defects required by Section 12-4 -
70)(9) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to
extend any obligation of the Subdivider beyond the date of written approval and
accepted by the Director of Public Works of the Required Public Improvements
described in attached Exhibit `B ", provided, however that the obligation of the
Developer to construct or install any Omitted Public Improvements will cease
following two (2) years from the date of acceptance of the Required Public
Improvements described in the attached Exhibit `B" by the Director of Public Works.
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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
&1d acting officer.
r O W. L. E n te rpri ses L A New Mexico Limited Partnership
.p.0,0 Subdivider
1 By: ( l'r . �,��r17� 9f� = o - 0: -
Dee Roger rown - Project Manager
out 11% By:
The foregoing instrument was acknowledged before me on
Mee Roge -Bro as Proje Manager of W.L. Enterprises LTD., A New Mexico Urnite artnership , Subdivider..
Nolitry Public
CITY OF PUEBLO, a M icipal Corporation
By:
vice- President of City Council
The foregoing instrument was acknowledged before me this 6th day of
June 1 2007 by Barbara Vidmar as
Vi ce- President of City Council, and Gina Dutcher as City Clerk of the City of
Pueblo, Colorado.
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STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
t y hand and official seal.
=at y.•.
My co Sion expires:
q �G : Cj
�kY Notary Public
AS TO FORM:
v v�e
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Clerk/Recorder, P
ueblaCounty, Co
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EXHIBIT A
LEGAL DESCRIPTION
A parcel of land being a portion of the E'' /Z of Section 12 and the S%: of Section 1,
Township 20 South, Range 65 West of the Sixth Principal Meridian, City of Pueblo,
Pueblo County, Colorado. Being more particularly described as follows:
BEGINNIi 1G at the NW comer of Lot 4, in Block 3, of Fountain Park Commercial
Center, according to the recorded plat thereof, filed for record in Book 1752 at Page 345
in the records of the Pueblo County Clerk and Recorder, said point being identical with
the SW comer of the parcel herein described, which point is on the easterly right of way
of Interstate Highway No. 25, from which the SW corner of said Section I bears N
48'53'17" W (Bearings based upon the south line of the SW `/, of said Section 1,
monumented at the west end with a 2" iron pipe and 3" brass cap, PLS 9009, and at the
east end with a no. 6 rebar and 2 - %Z" aluminum cap, PLS 10402, assumed to bear S
89 °00'30 "E) a distance of 4827.95 feet; thence along said easterly right of way of said
Interstate Highway No. 25, the following three (3) courses:
1. N 11'51'22" W a distance of 549.15 feet;
2. along the are of a non - tangent curve to the left, whose center bears S 87 °41'09" W,
having a central angle of 10 0 59'41" and a radius of 5884.00 feet, distance of 1129.09
feet; N 12 0 55'43" W a distance of 122.70 feet;
3. N 13 0 15'52" W a distance of 2447.03 feet;
thence N 69 °51' 56" E a distance of 528.89 feet to a point on the westerly right -of- way
line of the D &RGW Railroad; thence along said westerly right -of -way line the following
three (3) courses;
1. along the arc of a non - tangent curve to the right, whose center bears S 67 W,
having a central angle of 04 °42'32" and a radius of 5827.37 feet, a distance of 478.94
feet;
2. S 17'48'12" E a distance of 1503.16;
3. along the arc of a curve to the left, having a central angle of 06 °00'32" and a radius of
5814.58, a distance of 609.80 feet to a point on the easterly line of said Fountain Park
Commercial Center;
thence along said easterly line the following two (2) courses;
1. S 00 °43'04" W a distance of 161.34 feet;
2. S 05 °06'47" E a distance of 1202.74 feet to the NW corner of Lot 5, Block 1 of said
Fountain Park Commercial Center, said point also being the most northerly comer of
that parcel of land conveyed to the City of Pueblo in that document filed for record
January 5, 2004 at Reception No. 1544764 in the records of the Pueblo County Clerk
and Recorder.
thence along said parcel conveyed to the City of Pueblo the following three (3) courses
1. S 49 °07'13 "W, a distance of 92.92 feet;
2. S 40 °49'44 "E, a distance of 25.26 feet;
3. along the arc of a curve to the right, having a central angle of 19 °35'45" and a radius
of 390.00 feet, a distance of 133.42 feet to the NW corner of Lot 4 of said Block 1
Fountain Park Commercial Center;
thence S 89 °07'37 "W, a distance of 86.91 feet to the NE corner of said Lot 10 of said
Block 3 Fountain Park Commercial Center; thence S 63 °10'16 "W, along the northerly
line of said Lot 10, a distance of 275.41 feet to the NW corner of said Lot 10; thence
S 11 °33'35 "E, along the westerly line of said Lot 10, a distance of 208.60 feet to the SW
corner of said Lot 10, said point also being on the northerly line of said Lot 4; thence
S 89 °12'22" W along said northerly line of Lot 4, a distance of 311.76 feet to the POINT
OF BEGINNING.
said Parcel Contains 64.49 acres, more or less.
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: Eaglecross Business Park
DEVELOPER: W.L. Enterprises, LTD, A New Mexico Llmited Partnership
ENGINEER: Mangini Reeves, Inc.
Itemization of Required Public Improvements
(Use Unit Prices Approved by Public Works in Preparation of Exhibit `B ")
This is an estimate only. Actual construction costs may vary.
PREPARED BY: Charles F. DIDonnenico
FIRM: Mangini Reeves, Inc.
The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and
the Plans and Specifications therefore constitute all of the public improvements required to be
installed and constructed for the Subdivision by Chapter 4, Title XII of the Pueblo Municipal
Code and the standards and specifications approved by City Council, (ii) the quantities of
construction elements shown hereon accurately depicts the quantities necessary to construct the
Required Public Improvements and (ii) the unit prices shown hereon are the most current unit
City of Pueblo.
6 s u�7
Professional Engineer Dat
O
For: 'tits f Pueblo ( Date
ACCEPTED BY: � \ f P � blic
a4It ,/4 ) Co
Directo Works Date
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REVIEWED BY:
EagleCross Business Park
Exhibit B
ITEM_ I
QT(a
UNITi
l PRICE
PRIG ,�,
E
NOTS ' ,
Dillon Drive
Drainage Improvements
Onsite
18" Storm Sewer Pipe
100
LF
$ 3,900.00
24" Storm Sewer Pipe
640
LF
$ 26,240.00
30" Storm Sewer Pipe
510
LF
$ 31,620.00
36" Storm Sewer Pipe
630
LF
$ 67,00
$ 42,210.00
48" Storm Sewer Pipe
200
LF
$ 18,000.00
54" Storm Sewer Pie
1120
LF
100
$ 112,000.00
60" Storm Sewer Pi a
350
LF
120
$ 42,000.00
5' Diamater Manhole
4
EA
$ 9,296.00
6' Sq. Base Manhole
2
EA
$ 10,000.00
12.5'x 10' Base Manhole
2
EA
$ 9,UUU.UU
$ 18,000.00
10' Type S Inlet
2
EA
$ 7,650.00
13' Type S Inlet
2
EA
4,44b.UU
$ 8,892.00
15' Type S Inlet
1
EA
$ 4,860.00
20' Type S Inlet
5
A
$ 29,475.00
20'Type W Inlet
1
EA
$ 9,830.00
$ 9,830.00
99'Overall
Type D Inlet
1
A
$ 3,000.00
Onsite Gradin
Grade & backfill
554500
CY
1 $ 2.00
$ 1,109,000.00
Without Shrink/Swetl Factors
Import Fill
70000
CY
$ 3.00
$ 210,000.00
Roadway Improvements
4" Asphalt on 19" Base
Course
34200
SY
$ 27.50
$ 940,500.00
Dillon Drive
4" Asphalt on 16" Base
Course
4400
SY
$ 24.50
$ 107,800.00
Helakwa Ct., Iron Eagle Ct.,
War Eagle Ct. Storage Rd.
Curb & Gutter
12000
LF
$ 10.50
$ 126,000.00
Square Pan Radius
1650
SF
$ 4.00
$ 6,600.00
Handicap Rams
2500
SF
$ 3.00
$ 7,500.00
Tactile Band
24
EA
$ 310.00
$ 7,440.00
Sidewalk
61800
SF
$ 2.50
$ 154,500.00
Monument Boxes
13
EA
$ 594.00
$ 7,722.00
Sanitary Sewer Improvements
Onsite
8" PVC mains
1320
LF
$ 31.00
$ 40,920.00
21" PVC mains
3700
LF
$ 60.00
$ 222,000.00
48" Manholes
6
EA
2.27 TO T O
13,638.00
60" Manholes
12
$ 2,400.00
$ 28,800.00
Sanitary Sewer Services
19
EA
$ 1,500.00
$ 28,500.00
Water Main & Service Imp rovements
Water Line
5860
LF
$ 45.00
$ 263,700.00
Private taps & services
19
EA
$ 500.00
$ 9,500.00
Fire Hydrants
10
EA
$ 3,000.00
$ 30,000.00
Street Lights
24
EA
$ 1,343.00
1 $ 32,232.00
SUBTOTAL
$ 3,723,325.00
10% Engineering
$ 372,332.50
10% Contingency
$ 372,332.50
TOTAL
$ 4,467,990.00
1729324 SUBD_RG 06/07/2007 02:36:17 PM
Page'. 11 of 13 R 66.00 0 0.00 T 65.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
Prepare 1111 N% FUN 11111
EagleCross Business Park
Detention Ponds
Exhibit B
1729324 SUBD_AG 06/07/2007 02:36:17 PM
Pege: 12 of 13 R 66.00 D 0.00 T 66.00
Gl lbert Ortiz Clerk /Recorder, Puebla County, Cc
■III K N11 A l i"INMEA&M kVjW Wi 11111
Prepared by dcm 513/2007 Page 1
'.'•i u-
ITEM
QT }Y
1'.NITj
NIT PRIG ,"
ESTIMATED
PRICE
"
NOTE ,
Detention Ponds
Grade & Backfill
130000
CY
$ 2.00
$ 260,000.00
without Shrink/swell Factors
Outlet Structures
4
EA
$ 5,000.00
$ 20,000.00
Flared End Sections
12
EA
$ 3,500.00
$ 42,000.00
R1pRap
940
CY
$ 52.00
$ 48,880.00
Bioswales
1275
LF
$ 20.00
$ 25,500.00
Planting and Establishing
Vegetation
70
AC
$ 1,200.00
$ 84,000.00
Silt Fence
5000
LF
$ 3.00
$ 15,000.00
Straw Bales
64
EA
$ 13.00
$ 832.00
SUBTOTAL
$ 496,212.00
10% Engineering
$ 49,621.20
10% Contingency
$ 49,621.20
TOTAL
$ 595,454.40
1729324 SUBD_AG 06/07/2007 02:36:17 PM
Pege: 12 of 13 R 66.00 D 0.00 T 66.00
Gl lbert Ortiz Clerk /Recorder, Puebla County, Cc
■III K N11 A l i"INMEA&M kVjW Wi 11111
Prepared by dcm 513/2007 Page 1
EagleCross Business Park
Offsite Improvements
Exhibit B
'
a ITEM' QTkI(' i' NI,T UNIT PRIC,_ .
Dillon Drive
� ESTTf MATEQ
P,RI . _ ,
N9,TE5'
Roadway Improvements
4" Asphalt on 19" Base
Course
1600
SY
$ 27.50
$ 44,000.00
I
Dillon Drive Extension
2" Asphalt Overlay
660
Ton
$ 46.50
$ 30,690.00
Curb & Gutter
2000
LF
$ 10.50
$ 21,000.00
Sawcut
220
LF
$ 2.00
$ 440.00
Sidewalk
11100
SF
$ 2.50
$ 27,750.00
Water Main & Service Imp rovements
Relocate Utility Boxes
1
EA
$ 15,000.00
$ 15,000.00
Eagleridge Blvd. and Dillon Dr.
SUBTOTAL
$ 138,880.00
10% Engineering
$ 13,888.00
10% Contingency
$ 13,888.00
TOTAL
$ 166,656.00
1729324 SUBD_AG 06/07/2007 02:36:17 PM
Page: 13 of 13 R 66.00 D 0.00 T 66.00
Gi lberk Ortiz Clerk /Recorder, Pueblo County, Cc
®III hY' NTIA I I'llimWiff'r WIM Wi 11111
Prepared by dcm 5/3/2007 Page 1
Reception 1729325
06/07/2007
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 1" day of June, 2007 by Mark T. Uhernik, Grantor,
to PUEBLO, a Municipal Corporation, Grantee:
WTTNESSETH:
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 a roadway easement in, through, over, under and across Grantor's property situated in Pueblo
County, Colorado, 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 fill 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 more to the benefit of the heirs, personal representatives,
successors, and assigns of the Grantor and Grantee.
SIGNED this I day of June, 2007.
GRANTTORR
COUNTY OF PUEBLO
) ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this _4- ' day of June, 2007,
by Mark T. Uhernik.
Witness my hand and official seal.
My commission expires: - 0 C0 • / E l 0
a , /
Notary Public
1729328 EASE 06/07/2007 02:36:17 PM
Page: 2 of 3 R 16.00 D 0.00 T 16.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
1111 K FIMOV�r W NEE M 1111
17 EASE 06/07/2007 02:36:17 PM
G
lbert of Clark/Recorder, r T
orrder,Pueblo County, Co
■iii K r� 11WIFA AKIA10111111
EXHIBIT "A"
EASEMENT FOR PUBLIC RIGHT -OF -WAY
An easement located within a portion of Lot 5, Block 1 of Fountain Park Commercial
Center, according to the recorded plat thereof, filed for record May 14, 1975 in Book
1813 at Page 533 in the records of the Pueblo County Clerk and Recorder; being more
particularly described as follows:
An easement for the purpose of Public Right -of -Way being 25.00 feet in width, 12.50 feet
on each side of the following described centerline:
BEGINNING at a point from which the NW corner of said Lot 5 bears S 57°05' 13" W a
distance of 22.98 feet; thence N 88 °26' 14 "E parallel with and 12.50 feet south of the
north line of said Lot 5, a distance of 445.69 feet; thence along the arc of a curve to the
right, having a central angle of 24 °02'35" and a radius of 75.00 feet, a distance of 31.48
feet to a point on the east line of said Lot 5 being the POINT OF TERMINUS.
It being understood that the sidelines of said easement extend or shorten as necessary to
intersect the southerly right of way line of proposed Storage Drive and the east line of said
Lot 5 that the POINT OF BEGINNING AND POINT OF TERMINUS are a part of
Said easement contains 0.26 acres, more or less.
THIS EASEMENT is granted with a possibility of reverter to the GRANTOR. When
the connection of Dillon Drive north to Interstate 25 is completed, this easement shall
terminate and all rights granted herein shall revert back to the Grantor. Notwithstanding
the foregoing, GRANTOR must exercise this reverter right by placing an affidavit of
record within one (1) year from the date thereof that the north connection of Dillon Drive
is completed and that the GRANTOR is exercising the reverter right. Upon recording
such Affidavit and written notice thereof is given to GRANTEE, this easement shall be
null and void. If said affidavit is not timely recorded, the possibility of reverter and rights
reserved to GRANTOR shall expire.
Z� 6 -/ -07
PROFES IONAL LAND SURVEYOR NO. 22101 DATE
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22101