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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 17 ORD 06/07/2007 02:36:17 PM Pa Gilbert Ortiz Clerk0 ec County, Co 1111 K rYr«+ WN 4610ML N Hit 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. 1729322 ORD 06/07/2007 02:36:17 PM Page: 3 of 3 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Ca ■iii � r�r «�����i�������� ■i iii 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, DPW101 01 /01 /06(Revised 01 /11 /06) 1729324 SUBD AG 06/07/2007 02:36:17 PM Pa gge: 2 of 13 66.00 0 0.00 T 86.00 G116ert Ortiz Clerk /Recorder, Pueblo County, Cc ®III !I p��II��RFY hIorWwi 11111 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. DPW 101 01 /0 1 /06 (RevisedO l / 11 /06) 1729324 SUBD AG 06/07/2007 02:36:17 PM Page: 3 of 13 9 66.00 D 0.00 T 66.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc VI�c ®iii K FAIM IFI SAM, N 11111 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 DPW 101 3 01 /01 /06(Revised01/11/06) 1729324 SUBD AG 06/07/2007 02:36:17 PM Page: 4 of 13 1 66.00 D 0.00 T 66.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co mill il�E�hia�h�� 11 II 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 DPW 101 4 01/0 1/06 (RevisedO l/ 11/06) 17 SUBDRG 06/07/2007 02:36:17 PM Cil'art Ortiz _ Cle /Reeorderr, Puebla County, Co ■III I% 11 MWIN 11111 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. DP W l0l 5 0101/06(RevisedOl /11 /06) 1729324 SUBD AG 06/07/2007 02:36:17 PM Page: 6 of 13 A 66.00 D 0.00 T 66.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®III I% PAI.hRFVtMPWtWirwN 11111 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. DPW 101 01/0 1/06 (RevisedO l / 11 /06) 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 17 SUBD AG 06/07/2007 02:36:17 PM Gilbert o rtiz 1 6 Clerk/Recorder, P ueblaCounty, Co ■ I111YY�l j�ll� .�RI�Zt+Mi�{Y1�{�4'h+pjl�� ®1111 DPW 101 0 1/0 1 /06(Revised0l / 11/06) ......+ Wow nu vvivncaur V&;: O:ai rn Gilbert Ortiz C�le /Reeorderr, Pueblo County, Co Bill N% ljNAIINl$A411 MIrIFIWI M 11111 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. 17 SUBD_RG 06/07/2007 02:36:17 PM P Gl lbert Orti Clerk Cc mill 11%M111 11111 17 SUBD AG 06/07/2007 02:36:17 PM Gilbert Ortlz C /Recorde Puebla county, cc mill K FAIMMID u 04 6 Iimpi ,III 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 DPW 101 01 /01 /06(Revised0l /11/06) 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 < 22101