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HomeMy WebLinkAbout07616Reception 1803818 04/30/2009 ORDINANCE NO. 7616 AN ORDINANCE APPROVING THE PLAT OF PUEBLO ICE HOUSE SUBDIVISION, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Pueblo Ice House Subdivision, being a subdivision of land legally described as: PARCEL A That portion of the Southeast one - quarter of Section 36, Township 20 South, Range 65 West and that portion of the Southwest one - quarter of the Southwest one - quarter of Section 31, Township 20 South, Range 64 West of the 6 th Principal Meridian, and of Block 100, 110, 190 and 201, South Pueblo, described as follows: Beginning at a point on the Northeasterly line of "D" Street, 104.3 feet Northwesterly from the South corner of Block 100, South Pueblo; thence Southeasterly along the. Northeasterly line of said "D" Street 328.3 feet, more or less; thence Northeasterly and parallel to the Northwesterly line of said Block 110, 400 feet, more or less; thence Northwesterly along the Northeasterly line of said Block 110, 4 feet; thence Northeasterly and parallel to the Northwesterly line of said Block 110, if'produced, 12 feet; thence Southeasterly and parallel to the Northeasterly line of said Block 110, 135.94 feet, more or less, to a point on the West line of Santa Fe Avenue; thence North along the West line of said Santa Fe Avenue 297 feet, more or less, to a point 100 feet South of the center line of the Missouri Pacific main line as it now exists; thence in a Northwesterly and Westerly direction and 100 feet a distance from and south from said Missouri Pacific main line and the Missouri Pacific Railway in connection with the Denver Rio Grande Western Railroad to a point in Lot 2, Block 190, South Pueblo which point is 34 feet, more or less, Northeasterly from the Northeasterly line of "E" Street (vacated); thence Southwesterly and parallel to the Southeasterly line of Block 100, South Pueblo, 274 feet, more or less, to a point on Lot 10 of said Block 100, which point is 196.4 feet, more or less, Northwesterly from the Southeasterly line of said Block 100; thence Southwesterly 260 feet, more or less, to the Point of Beginning. PARCEL B That portion of the Missouri Pacific Railroad Co.,'s right of way conveyed by Quit Claim Deed, dated May 21, 1930, from the Missouri Pacific Railroad Co. to the Nuckolls Packing Co., described as follows: 1803818 ORD 04/30/2009 03:36:48 PM Page: 2 of 3 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®IIIF.6411 l "Ido'AH NV YWH tlIII Beginning at a point on the West line of Santa Fe Avenue 297.0 feet North of the intersection of the prolongation of the Southerly line of "E" Street (vacated) with the said West line of Santa Fe Avenue; thence Northwesterly along the Southerly line of the present right of way of said Railroad Co., 153.0 feet; thence Southeasterly 91.97 feet to a point 43.7 feet Northeasterly at right angles from said Southerly right of way; thence Southeasterly, parallel to line of right of way 31.0 feet to the West line of Santa Fe Avenue; thence South along said West line 60.0 feet tot the Point of Beginning. County of Pueblo, State of Colorado. is hereby approved, and all dedicated streets, utility and drainage easements, rights -of -way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The acceptance of such dedicated streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this ordinance or in the City's subdivision ordinances and regulations shall 1803818 ORD 04/30/2009 03:36:48 PM Page: 3 of 3 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerkl Recorder, Pueblo County, Co ■IIIFiVYINAMKh "If, MLA N6,Eh .10 OIL 11111 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 Ordinance of "ti<sca tjC. ATTESTED shall accrue to the subdivision or be acquired until this INTRODUCED: June 11, 2007 BY: Randy Thurston COUNCILPERSO APPROVED: PRESID9NT O CITY COUNCIL PASSED AND Ond ID Background Paper for Proposed ORDINANCE AGENDA ITEM # DATE: JUNE 11, 2007 DEPARTMENT: COMMUNITY DEVELOPMENT /JERRY M. PACHECO TITLE LAND USE ADMINISTRATOR/JERRY M. PACHECO AN ORDINANCE APPROVING THE PLAT OF PUEBLO ICE HOUSE SUBDIVISION ISSUE Shall City Council approve a request to create a one, 5.71 acre, lot subdivision at the site of the old Alpha Beta Packing Plant to facilitate the mixed -use redevelopment of the property? RECOMMENDATION The Planning and Zoning Commission, at their April 11, 2007 regular meeting, voted 6 -0 to recommend approval. BACKGROUND The applicant proposes to create a one, 5.71 acre, lot subdivision at the site of the old Alpha Beta Packing Plant to facilitate the mixed -use redevelopment of the property. The subdivision involves replatting portions of the original City of South Pueblo Subdivision created in 1872. It is the recommendation of the SRC that the plat be approved with the condition that all property taxes be paid in full prior to the ordinance approving this plat being placed on the City Council Agenda. FINANCIAL IMPACT None. Reception 1803820 04/30/2009 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT" is made on DECEMBER 11 2008 between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and Pueblo Ice House, LLC, a Colorado Limited Liability Company ("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 ofapproval ofthe final plat of Pueblo Ice House Subdivision ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title X11 of the Pueblo Municipal Code; and WHEREAS, Subdivider is required by Chapter 4, Title X11 of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4, Title XI I 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 13" and shown on approved construction plans and documents on file in the office ofthe City's Director of Public Works ( "Plans and Documents "). WHEREAS, by Chapter 4, Title XII ofthe Pueblo Municipal Code, Subdivider is obligated to provide security or collateral sufficient in thejudgement ofthe Director ol'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 hollows: Subdivider agrees within one hundred and eighty (180) days after applying Ibr 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 fir any such building or structure, whichever occurs first, to construct and install at its sole cost all ofthe Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph I, Subdivider or any subsequent owner ofthe 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 1803820 SUBD AG 04/30/2009 03:36:48 PM Page: 2 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®1111 'BPS+h1��14 �h4��Pll�� h�+�ln��4 AN 1111 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 shal I 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. DI'w 101 2 Dec 2H07 18 SUBD_RG 04/30/2009 03:35:48 PM Ga tbert 3 Ort z Cler lRecorderr, Puebla County, Co Bill WiY�41��1'l �G+ �ld'OY4�1�4Ch�1�4��'U�f��IKNi'� 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 terns 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 C ity. 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 ofthe 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 ol'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. Ifsuch 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 ini 3 Dec 2007 1803820 SUBD_RG 04/30/2009 03:36:48 PM Pagge: 4 of 10 R 61.00 D 0.00 T 51.00 Gi n�ert Ortiz Clerk /Recorder, Pueblo County, Co ®III F�'iP�411I�hWS� 411 h 11111 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 in can 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 lots) 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 "D" and Plans and Documents to describe all Required Public Improvements to be constructed and DPW IOI Dec 2007 1803820 SUBD AG 04/30/2009 03:36:48 PM Page: 5 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ®III r.6FRUI M h14+'N�ICI�K �I�h;li4�.lo4�HI �6 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. DPW 101 Dec 2007 1803820 SUBD RG 04/30/2009 03:36:48 PM Pa 6 of 10 R 51.00 D 0.00 T 51.00 Gi lhart Ortiz ClerklRecorder, Pueblo County, Co ■III W.6V IV411%41191P4SIII11KWIVIN K1114 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 ofthe City and upon the heirs, successors, assigns and legal representatives of Subdivider, and shall be recorded in the office ofthe 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. Pueblo Ice House, LLC, a Colorado Limited Liabilit Subdivider ����� (SEAL) By: Kkal Torgerson, Member, Pueblo Icehouse LLC Fay: M I lC G �i, lU��s The foregoing instrument was acknowledged before roe on by Mikal Torgerson . Subdivider. My commission expires: BRIDGETT ALIMILLER NOTARY PUBLIC STATE OF COLORADO Ny commission expires February 22, 2011 ATT , T: City C STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) Notary CITY OF PITEALO, a M By: President of City C The foregoing instrument was acknowledged before me this re b rcut rV by Vera. aY4c, President of City Council, and Pueblo, Colorado. Witness my hand and official seal. A I Corporation day of as as City Clerk ofthe City of DPW 101 Dec, 2007 ' My commission expires: 1 1112 (0/ ('SE -A L.]' Notary Public APPROVED AS TO FORM: City At� 1803820 SUED AG 04/30/2009 03:36:48 PM Page: 7 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz Clerk f Rewrder, Pueblo County, Co 1IIIWP.6F 41U1NWPIhCAMlCIAllHIA411III DPW 101 7 Dec 2007 1803820 SUBD AG 04/30/2009 03:36:48 PM Page: 8 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz C1erklRecorder, Pueblo County, Co ®III v0plvdi" WWWWW10" SUBDIVISION IMPROVEMENT AGREEMENT PUEBLO ICE HOUSE SUBDIVISION EXHIBIT "A" LEGAL DESCRIPTION: 21k,1*1 THAT PORTION OF THE SOUTHEAST ONE - QUARTER OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 65 WEST AND THAT PORTION OF THE SOUTHWEST ONE - QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION 31, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND OF BLOCK 100, 110, 190 AND 201, SOUTH PUEBLO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF "D" STREET, 104.3 FEET NORTHWESTERLY FROM THE SOUTH CORNER OF BLOCK 100, SOUTH PUEBLO; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID "D" STREET 328.3 FEET MORE OR LESS, THENCE NORTHEASTERLY AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID BLOCK 110, 400 FEET MORE OR LESS; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID BLOCK 110, 4 FEET, THENCE NORTHEASTERLY AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID BLOCK 110, IF PRODUCED, 12 FEET; THENCE SOUTHEASTERLY AND PARALLEL WITH THE NORTHEASTERLY LINE OF SAID BLOCK 110, 135.94 FEET MORE OR LESS TO A POINT ON THE WEST LINE OF SANTA FE AVENUE, THENCE NORTH ALONG THE WEST LINE OF SANTA FE AVENUE 297 FEET MORE OR LESS TO A POINT 100 FEET SOUTH OF THE CENTERLINE OF THE MISSOURI PACIFIC MAIN LINE AS IT NOW EXISTS; THENCE IN A NORTHWESTERLY AND WESTERLY DIRECTION AND 100 FEET A DISTANCE FROM AND SOUTH FROM SAID MISSOURI PACIFIC MAIN LINE AND THE MISSOURI PACIFIC RAILWAY IN CONNECTION WITH THE DENVER AND RIO GRANDE WESTERN RAILWAY TO A POINT IN LOT 2, BLOCK 190, SOUTH PUEBLO WHICH POINT IS 34 FEET MORE OR LESS NORTHEASTERLY FORM THE NORTHEASTERLY LINE OF "E" STREET (VACATED); THENCE SOUTHWESTERLY AND PARALLEL WITH THE SOUTHEASTERLY LINE OF BLOCK 100, SOUTH PUEBLO, 274 FEET MORE OR LESS TO A POINT IN LOT 10 OF SAID BLOCK 100, WHICH POINT IS 1,96.4 FEET MORE OR LESS NORTHWESTERLY FORM THE SOUTHEASTERLY LINE OF SAID BLOCK 100, THENCE SOUTHWESTERLY 260 FEET MORE OR LESS TO THE POINT OF BEGINNING. PARCEL B THAT PORTION OF THE MISSOURI PACIFIC RAILROAD CO.,S' RIGHT OF WAY CONVEYED BY QUIT CLAIM DEED, DATED MAY 21, 1930, FROM THE MISSOURI PACIFIC RAILROAD CO. TO THE NUCKOLLS PACKING CO., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SANTA FE AVENUE 297.0 FEET NORTH OF THE INTERSECTION OF THE PROLONGATION OF THE SOUTHERLY LINE OF "E" STREET (VACATED) WITH THE SAID WEST LINE OF SANTA FE AVENUE; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF THE PRESENT RIGHT OF WAY OF SAID RAILROAD CO., 153.0 FEET; THENCE SOUTHEASTERLY 91.97 FEET TO A POINT 43.7 FEET NORTHEASTERLY AT RIGHT ANGLES FROM SAID SOUTHERLY LINE OF RIGHT OF WAY; THENCE SOUTHEASTERLY, PARALLEL WITH LINE OF RIGHT OF WAY 31.0 FEET TO THE WEST LINE OF SANTA FE AVENUE, THENCE SOUTH ALONG SAID WEST LINE 60.0 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL CALCULATED AREA OF 5.712 ACRES ENGINEERING Notes: This opinion of probable cost has been prepared for use by the City of Pueblo in determining fiscal surety for the subdivision project only; and is not to be used for any other purpose. Prepared by: APEX Engineering 171 North College Avenue Fort Collins, CO 80524 (970) 797 -2906 1803820 SuBD AG 04/30/2009 03:36:48 PM Page: 9 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz ClerklReoorder, Pueblo County, Co 1111 POPi IVA W WiCI'd Wl KiN A h 11111 Exhibit B - Opinion of Probable Cost For: Pueblo Ice House Date: 12/2108 Estimated Item Public Improvement Item Units Unit Cost Ouanti Cost Traffic Control LS $1,750.00 1 $1,750 Erosion Control LS $250.00 1 $250 Square Pan and cross pan (Santa Fe) SF $5.00 431 $2,155 Paving ( Sante Fe) SY $16.00 2.55 $41 Concrete sidewalk ( Sante Fe) SF $3.00 79 $237 HC ramp (Sane Fe) SF $4.00 170 $680 Curb and Gutter (Alley) LF $12.00 130 $1,560 Paving (Alley) SY $16.00 611 $9,776 Curb and Gutter (D Street) LF $12.00 55 $660 Square Pan and cross pan (D Street) SF $5.00 253 $1,265 Paving (D Street) SY $16.00 182 $2,912 Concrete sidewalk (D Street) SF $3.00 1604 $4,812 HC ramp (D Street) SF $4.00 85 $340 Water Main (6 ") LF $47.50 19 $903 Fire Hydrant, in place LS $3,250.00 1 $3,250 Subtotal $30,590 Contingency (15%) $4,589 Grand Total $35,179 Notes: This opinion of probable cost has been prepared for use by the City of Pueblo in determining fiscal surety for the subdivision project only; and is not to be used for any other purpose. Prepared by: APEX Engineering 171 North College Avenue Fort Collins, CO 80524 (970) 797 -2906 1803820 SuBD AG 04/30/2009 03:36:48 PM Page: 9 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz ClerklReoorder, Pueblo County, Co 1111 POPi IVA W WiCI'd Wl KiN A h 11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: FUC ICE Vk "4Sf- DEVELOPER: pyEgLo K0 LL-Z. ENGINEER: AK), 6N4 WESPAC -� Itemization of Required Public Improvements (Use Unit Prices Approved by Public Works in Preparation of Exhibit `B ") $ 3S, I tl — r£ *I'th-e-ft-D nY%N%+A 6 Pi2 tb 3A6VP,- C"gr This is an estimate only. Actual construction costs may vary. PREPARED BY: AMx E1S4ti IEE�tt`��y FIRM: 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 prices provided by the City of.P,ue.b jo. [P.E. SEAL] ' i :- I REVIEWED BY: 4 &rA(,Li G b w ► A 12 4 -2 Date r aaw 44W Tra sportation DX. APPROVED BY: DPW 101 Dec 2007 Board of Water Works z ay 23 Direc r ofi]ic Wor ew., ate 1803820 Sl1BD FIG 04/30/2009 03:36:48 PM Pagge: 10 of 10 R 51.00 D 0.00 T 51.00 Gi l6erl Ortiz Clerk /Recorder, Pueblo County, Cc mill Nt✓' WTAWFIV,AMMALN14IN®1111