Loading...
HomeMy WebLinkAbout07691Reception 1806690 05/28/2009 ORDINANCE NO. 7691 AN ORDINANCE APPROVING THE PLAT OF THE LA VITTORIA SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the La Vittoria Subdivision, being a subdivision of land legally described as: A parcel of land located within the Southeast 'Y4 of the Southwest 'Y4 of Section 13, Township 20 South, Range 65 West of the 6th Principal Meridian, County of Pueblo, State of Colorado being more particularly described as follows: All of Lot 2, Villager Inn Subdivision, according to the recorded plat thereof filed for record December 18, 2002 at Reception No. 1475346, of the Pueblo County Records, County of Pueblo, State of Colorado. And that portion of the Southeast '% of the Southwest % of said Section 13, beginning at the Southeast corner of said Lot 2, said point also being the Northeast corner of the Southeast % of the Southwest Y4, Section 13. Thence the following courses. 1. S 01° 22' 07" E, along the East line of the Southeast '% of the Southwest % of Section 13, a distance of 225.00 feet. 2. N 82 02'24" W a distance of 865.00 feet. 3. N 68° 06'55" W a distance of 191.00 feet more or less to the southwest comer of Parcel No. 3, Club Manor Subdivision, according to the recorded plat thereof filed for record June 20, 1972 in Book 1720 at Page 780 of the Pueblo County Records, County of Pueblo, State of Colorado. 4. N 88 06' 33" E a distance of 1029.09 feet more or less along the South line of Club Manor Subdivision and also along the South line of said Lot 2, Villager Inn Subdivision, to the Point of Beginning. Said Parcel contains 135,647.47 Square Feet (3.11 Acres), more or less. Property contains 7.559 Acres more or less. P9 moo 0 00 p NOD NEp m�mt o m a� Bearings are based on the East line of Lot 2, Villager Inn Subdivision from the North comer monumented with a PK nail and disk L.S. #16128 to the South corner monumented with a 2 Y" aluminum cap on a #6 rebar PLS #16128 which bears S 01 0 20'35" E. 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. i SECTION 3. EFE Neither the adoption of this ordinance nor the requirements imposed hereby shall of create any duty or obligation of any person, firm, corporation or other entity with regard ;go N o� to the enforcement or nonenforcement of this ordinance or the City's Subdivision Mmd m ma� Ordinances and regulations. No person, firm, corporation or other entity shall have any moat_ NmU private right of action, claim or demand against the City or its officers, employees or N�p �o!v agents, for any injury, damage or liability arising out of or in any way connected with the O r adoption, enforcement, or nonenforcement of this ordinance or the Subdivision i m� 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. INTRODUCED: November 12, 2007 Q� '1 BY: i A APPROVED: ATTESTED BY:' TY CLERK Randy Thurston COUNCILPERSON PRE IDE OF CITY COUNCIL jE x= uv T� Et9c m N m'� I m�v mmo Nm m � m m� m U� � 0.,.� o�_ mum m �— PASSED AND APPROVED: Nove 6. 2 007 Background Paper for Proposed ORDINANCE AGENDA ITEM # 2�9 3CD DATE: NOVEMBER 12, 2007 DEPARTMENT: JERRY M. PACHECO, ASSISTANT CITY MANAGER FOR r COMMUNITY DEVELOPMENT TITLE AN ORDINANCE APPROVING THE PLAT OF THE LA VITTORIA SUBDIVISION ISSUE Shall City Council approve a request to replat Lot 2, Villager Inn Subdivision and a portion of the Pueblo Golf and Country Club to facilitate the mixed -use redevelopment of the property? The Planning and Zoning Commission, at their September 12, 2007 regular meeting, voted 7 -0 to recommend approval. BACKGROUND The applicant proposes to resubdivide Lot 2, Villager Inn Subdivision and a portion of the Pueblo Golf and Country Club. This subdivision will create one (1) 7.56 -acre lot, which is proposed to be rezoned to PUD, Planned Unit Development. This subdivision and rezoning will facilitate the mixed -use redevelopment of the property. In accordance with the PUD Development Guide, the proposed lot area meets the minimum subdivision requirements. FINANCIAL IMPACT None. Reception 1806692 05/28/2009 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on ��r ; k1 I1 , 2008 , between the CITY OF PUEBLO, a Municipal Corpor�ty "), and LaVittoria RLLLP, a Restricted Limited Liability 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 La Vittoria Subr)ivision ( "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, or with any bank or trust company licensed in the State of Colorado, subject to an DPW 101 Dec 2007 1806692 AGREE 06/28/2009 10:33:23 All Page: 2 of 9 R 46.00 D 0.00 T 46.00 Gilbert Ortiz Clerk /Recorder. Pueblo County, Cc ®III rJ11 1 RUAIAM94M1 41 RM kh 11111 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 tines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer to the proposed building site. In any case where the block, as later defined, exceeds one thousand (1000') feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted Required Public Improvements in at least one half (1/2) of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter at the mid -block point and barricade such street so that no through traffic shall be permitted beyond the point to which the estimate of Director of Public Works is based. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recent proposed site and existing improvements. 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 Dec.2OO7 1806692 AGREE 05/28/2009 10:33:23 AM Pagge: 3 of 9 R 48.00 D 0.00 T 46.00 Gi ]hert Ortiz Clerk /Recorder. Pueblo County, Cc ®III P161 V PIER PY N AN 11 111 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. 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 Dec.2007 18 AGREE 05/28/2009 10:33:23 AM Gel6ert ClerkIReoorder0 Pe 610 C 00Y Co ®��� I 'i���h7���f11C4h�;1,�11 m, WIN W 1i1Akl'I1,1111 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 party its costs and expenses, including reasonable expert witness and attorney's fees. Venue for any such litigation shall be Pueblo County, Colorado. 14. City and Subdivider have attempted by the attached Exhibit "B" and Plans and Documents to describe all Required Public Improvements to be constructed and DPW 101 Dee.2007 1806692 AGREE 05/28/2009 10:33:23 AM Page: 5 of 9 R 46.00 D 0.00 T 45.00 Gilbert Ortiz Clerk /Recorder., Pueblo County, Cc ®III ri1illi1AVIA INLEMM4 11III 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 1602 AGREE 05/28/2009 10:33:2 AM 0g Galbert g zClerk /Recorder, Puebl 4 oCOUIty' Co mill rim,um mk ii i i'lim GMd 10 X11 "iii 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 Agreem t to be executed and attested by its duly authorized , cp and acting officer. Subdivider (SEAL) By: Louie D. Carleo, Managing Member of La Vittoria RLLLP, a Restricted Limited Liability B Limited Partnership The foregoing instrument was acknowledged before me on P\P i 4 2008 , by Louie D. Carleo, Managing Member of LLLAV oria RLLLP , Subdivider. My commission expires: ti;A Notary Public CITY OF PUEBLO, a Municipal Corporation r� T �® )}' President of City Coun it Cit ' erk •" �` �a'�y1t1 -61 STATE OF COLORADO ss. •._�' COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this cU fk day of d by Qr , as President o City Council, and w e ^ as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. DPW 101 Dec.2007 1806692 AGREE 05/28/2009 10:33:23 AM Pa gge: 7 of 9 R 46.00 D 0,00 T 46.00 Gilbert Ortiz Clerkl Recorder, Pueblo County, Co ®III hri'a����hN�L L� L G�R�4+1� 4����im1i®1111 �T £71F t.Na q d l ox'` 0 bt✓ expires: 11 2-D/ � FJ i I I • S TO FORM: City Attomey DPW 101 Dec.2007 1806692 AGREE 05/28/2009 10:33:23 AM Page: 8 of 9 R 46.00 D 0.00 T 46.00 Gilbert Ortiz ClerklReoorder, Pueblo County, Cc Mill rJ11 W1 M MUMN 11111 EXHIBIT B DEVELOPMENT: LA VITTORIA SUBDIVISION DEVELOPER: LA VITTORIA, RLLLP ENGINEER: ABET. ENGINEERING PROFESSIONALS, INC. Demo Concrete Curb & Gutter 40 LF @ $5.00 / LF — $200.00 Demo Asphalt in Street 240 SY @ $3.50 / SY = $840.00 DEMOLITION SUBTOTAL = $1,040.00 IMPROVEMENTS Pond Grading 3180 LF @ $3.00 / /LF 0.60 AC 1, $16,528.00 / AC — $9,916.80 Temporary Swale = $416.00 Vehicle Tracking Control 643 LF @ $100 / AT = $1,286.00 Concrete Pan 400 SF @ $20.00 / SF = $8,000.00 Temporary Swale 643 LF (a, $2.00 / , LF = $1,286.00 Outlet Structure I EA r@ 55,000.00 / EA = $5,000.00 Storm Sewer Pipe, 24" 40 EA $42.00 / EA = S1,680.00 Storm Sewer Pipe, 18" 116 LF @ 539.00 / LF = S4,524.00 Trench 76 LF @ $5.00 / LF = S380.00 6' Chainlink Fence 57t LF @ $25.001 LF = $14,275.00 IMPROVEMENT'SUB'I'OTAL = $46,347.80 f �IZ.YLI]�C�ZI � C Silt Fence 3180 LF @ $3.00 / /LF = $9,540.00 Ripmp at base of concrete chutes 8 CY (W $52.00 / CY = $416.00 Vehicle Tracking Control IEA (rA $750.00 / EA = $750.00 EROSION CONTROL SUBTOTAL = $10,706.00 ADDITIONAL ITEMS (PENDING) Remove Overhead Power and Burry (per Aquila) 1 EA @ / EA =$0.00 ADDITIONAL ITEMS SUBTOTAL $0.00 Grand Total $58,093.80 Page t 18 AGREE 05/28/2009 10:33:23 AM Pe: 9 Gilbert Or�tiz r0 Puebla 4 Pueblo C ■III M llinvil % 161 M W NAND W1I4 1mli 11111 EXHIBIT B DEVELOPMENT: LA VITTORIA SUBDIVISION DEVELOPER: LA VITTORIA, RLLLP ENGINEER: ABEL ENGINEERING PROFESSIONALS, INC. NOTES: L This is an estimate only. Actual construction costs may vary. PREPARED BY: Darlene K. Horn FIRM: Abel Engineering Professionals, Inc. The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and the Plans and Specifications therefore constitute all of the public improvements required to be with Chapter 4, Title XIl of the Pueblo Municipal Code as amended and the currents standards installed and constructed for the Subdivision by Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specification approved by the City Council, (ii) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements and (ii) the unit prices shown hereon are the most current unit prices provided by the City of Pueblo. FG [P.E. SEAL] V :' M 8,y�� . 9Q narbiggieerr Date � 29434 REVIEWED BY: Q9 0�' • • F Q l gs$f �.... NG En� Leering Division Date� OVAL E � t4.1 k Wasterw rDment Date Stn pa ent ate� r11 a Transportation Division Date tV IA as /Z;r Board of Water Works Daze APPROVED BY Director Public Worl — r Date Page 2 Reception 1806693 03/28/2009 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this Cgs day of f , d , by Louie D. Carleo _,Grantor, to Pueblo, a MunicipaT Corporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of Detention , in, through, over, under and across Grantor's property situated in Pueblo County, Colorado described in the attached Exhibit "A" (the Property). Grantor shall install drainage & detention facilities in the Property in accordance with plans and specifications therefore approved by, and on file with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair and replace the Facilities. Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15% from the Grantor. For such purposes, Grantee is granted the right to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the Grantee to any liability for such failure. Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the Property. i s DPW 110 12/03/98 -- -- - -- - - - -- 1806693 EASE 05/28/2009 10:33:23 AM Page: 2 of 7 R 36.00 0 0.00 T 36.00 Gilbert Ortiz ClerkfRaoorder, Pueblo County, Co 1111 ri 1 If"I ilPYlOM WKWIMN 11111 "Grantee" shall include the plural and the feminine. This Easement and Right of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED this p day of COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) , w0. GRAN By: Louie D. Carleo, Managing Member of La Vittoria RLLLP, a Restricted Limited Liability Limited Partnership The foregoing instrument was acknowledged before me this day of !4QC; � , 006E by Louie D. Carleo, Managing Member o La Vittoria RLLLP, a Restricted Limited Liability Limited Partnership. Witness my hand and official seal. mmission Expires: ( -�(• (7 Notary Public 1806693 EASE 05/28/2009 10:33:23 AM Page: 3 of 7 R 36.00 D 0.00 T 36.00 Gilbert Ortiz Clerk /Recorder, Puebla County, Co 1111KIINdi"ICKA EXHIBIT "A" Date: February 12, 2008 An easement located in the E 1/2 of the SW 1/4 of Section 13, Township 20 South, Range 65 West, of the 6` Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: Beginning at the Northeast corner of Lot 1, La Vittoria Subdivision as recorded in the office of the Pueblo County Clerk and Recorder at Reception No. , County of Pueblo, State of Colorado. Said point also being on the Southerly Right -of -Way line of State Highway No. 50 West, and the Point of Beginning. Thence the following courses: I. SO 1 20' 35 "E along the Easterly line of said Lot 1, La Vittoria Subdivision, a distance of 563.94 to the SE corner of the NE 1/4 of the SW 1/4, said point also being an angle point on the said Easterly line of said Lot 1, La Vittoria Subdivision. 2. SO1 o 22' OTT along the Easterly line of said Lot 1, La Vittoria Subdivision, a distance of 152.89 feet. 3. S88 37' 53 "W, a distance of 69.91 feet. 4. N13o 45' 37 "E, a distance of 137.07 feet. 5. NO2 30' 57 "W, a distance of 244.31 feet. 6. N 16' 02' 57 "W, a distance of 144.59 feet. 7. S88o 39' 25 "W, a distance of 54.05 feet. 8. NOV 20' 35 "W, a distance of 41.52 feet. 9. N77o 42' 09 "W, a distance of 157.89 feet. 10. S59 44' 17 "W, a distance of 78.64 feet. 11. NO1 o 21' 15 "W, a distance of 24.51 feet to a point on the Northerly boundary line of said Lot 1, La Vittoria Subdivision. 12. N88o 38' 45 "E along said Northerly boundary line of Lot 1, La Vittoria Subdivision, a distance of 3.02 feet. 13. NOlo 21' 15 "W along the said Northerly boundary line of Lot 1, La Vittoria Subdivision, a distance of 56.41 feet to the Southwest comer of Lot 1, Villager Inn Subdivision, as recorded in the office of the Pueblo County Clerk and Recorder at Reception No. 1475346, County of Pueblo, State of Colorado. ------ - - - - -- 1806593 EASE 05/28/2009 10:33:23 AM Page: 4 of 7 R 36.00 0 0.00 T 36.00 Gilbert Ortiz ClerkiRecorder, Pueblo County, Co ®III IIW +I��IhaaIl I�YIIP� &KA IW4YLIC Mi l fl III 14. S84° 26' 09 "E, a distance of 269.13 feet. 15. N04 30' 45 "E, to a point on said Southerly Right of Way line of State Highway No. 50 West and said Northerly boundary line of said Lot 1, La Vittoria Subdivision, a distance of 120.28 feet. 16. S84 21' 48 "E, along said Southerly Right of Way line of said State Highway No. 50 West and said Northerly boundary line of Lot 1, La Vittoria Subdivision, a distance of 70.22 feet, to the Point of Beginning. The above described easement contains 1.26 acres (55,000 sq. ft.), more or less. Basis of Bearings: Bearings are based on the East line of Lot 2, Villager Inn Subdivision as recorded in the office of the Pueblo County Clerk and Recorder at Reception No. 1475346, County of Pueblo, State of Colorado, from the North corner monumented with a PK nail and disk L.S. # 16128 to the South corner monumented with a 2 1/2" aluminum cap on a No. 6 rebar PLS No. 16128, which bears SO ° 20' 35 "E. Rodney A. Quillen, PLS 36061 Abel Engineering Professionals, Inc. z: 102 South Onieda St., Pueblo CO 81003 6061 o o ': EXHIBIT ' 11 U.S. HIGHWAY NO. 50 WEST FRONTAGE ROAD POINT OF NO. BEARING S 84' 48" E 71' 0 0 0W BEGINNING OETENP h UTILITY EASEMENT —{ — 54.05' 150.27' N 01' 20' 35" W FROM CLUB MANOR SUBONISIGN W I'u�k 7822, BLOCK I JRP FlLING N 88' 38' 45" E ✓M•M1 U � W r� /ANGR N o J LOT 3, BLOCK 1 I LOT 1 m CLUB MANOR SUBDIVISION VILLAGER SUBDIVISION O 10' EASEMENT 3RD FILING , ° h QO BOARD OF WATER WORKS OF PUEBLO , p FR.L "JQ � (BOOK 1792 PAGE 394) ^ 45" E 188. �m -I CASEMEN N 88' 38' = NT EASEMENT FOR }=10' — S 8 4 - pg Pg INGRESS EGRESS WATER INGRESS E 262.l AND SANffARY SE EXTENSION N 88' 38' 45" E 23.02 O j 0 1541 PAGE 659) ACTUAL LOCATION CAN NOT BE i / PLOTT7 ED FROM LEGAL PROVIDED R DRAINAGE OENTENRON EASEMENT i I I II 4 E/ FROM CLUB MANOR SUBDIVISION, f 4 JRD FLING L - OM rl � III -_ POWER EAS E M ENT FROM— CLUB MANOR NOR S UBONISION, JRO RUNG L.VI q- �a a;,oRl„ sUaDlasDN GAS COMPANY EASEMENT (BOOK 1549 PACE 4J9) - 10' UTILITY EASEMENT-1 II 2 1 CENTERLINE OF I 10' MOUNTAIN STATES T k TELEGRAPH COMPANY ---L8 2088 PAGE SCALE: 1" _ 100' L I N E D A T A NO. BEARING DISTANCE L 1 S 88' 39' 25" W 54.05' L2 N 01' 20' 35" W i t L3 LOT 2, BLOCK I L4 N 88' 38' 45" E 3.02' U � W r� /ANGR J cLU O m`a 0 i a7H - O r! 3 r SUBDIVISION 3R0 FR.L "JQ � N� U� �m -I CASEMEN gi m }=10' ar WM•;,� (BO OK 17 1510 PAGE CLUB MANOR SUBINWSI WSION) CLUB E Il I3 I { 1 -10' WESTERN POWER S GAS COMPANY EASEMENT (BOOK 1549 PACE 4J9) - 10' UTILITY EASEMENT-1 II 2 1 CENTERLINE OF I 10' MOUNTAIN STATES T k TELEGRAPH COMPANY ---L8 2088 PAGE SCALE: 1" _ 100' L I N E D A T A NO. BEARING DISTANCE L 1 S 88' 39' 25" W 54.05' L2 N 01' 20' 35" W 41.52' L3 N 01' 21' 15" W 24.51 L4 N 88' 38' 45" E 3.02' 02 S. ONEIDA STREET ' UEELO, CO 81003 'EL 719- 548.2235 'AX 71 9-548.2166 W 0 's N -10' WESTERN POWER & GAS COMPANY EASEMENT (BOOK 1478 PACE f6) O N U � W J O m`a 0 i a7H - O r! 3 r 1 0 � N� U� �m gi m W U� ar WM•;,� I mLo® 1806693 EASE 05/28/2009 10:33:23 AM Page: 6 of 7 R 38.00 D 0.00 T 36.00 Gilbert Ortiz ClerklRecorder, Pueblo County, Co ®III IliF'6II*4 9 M WIFLWIP Wd++ht h 11111 EXHIBIT "C" Date: February 12, 2008 DESCRIPTION An easement located in the E 1/2 of the SW 1/4 of Section 13, Township 20 South, Range 65 West, of the 6` Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: Beginning at the Southeast corner of Parcel No. 3, Club Manor Subdivision as recorded in the office of the Pueblo County Clerk and Recorder, June 20, 1972, in Book 1720 at Page 780, County of Pueblo, State of Colorado. Said point being the Point of Beginning. Thence the following courses: 1. N88° 06' 33 "E along the Westerly boundary line of Lot 1, La Vittoria Subdivision as recorded in the office of the Pueblo County Clerk and Recorder at Reception No. , County of Pueblo, State of Colorado, said line also being the South line of the NE 1/4 of the SW 1/4 of said Section 13, a distance of 307.00. 2. NO1° 21' 15 "W along said Westerly boundary line of Lot 1, La Vittoria Subdivision, a distance of 432.33 feet to a point on the Northerly boundary line of said Lot 1, La Vittoria Subdivision. 3. N88° 38' 45 "E along said Northerly boundary line of said Lot 1, La Vittoria Subdivision, a distance of 20.00 feet. 4. SO1° 2P 15 "E and parallel to said Westerly boundary line of Lot 1, La Vittoria Subdivision, a distance of 452.14 feet. 5. S88° 06' 33 "W and parallel to said South line of the NE 1/4 of the SW 1/4 of Section 13, a distance of 326.81 feet. 6. NO 1' 53' 27 "W a distance of 20.00 feet to the Point of Beginning. The above described easement contains 0.35 acres (15,183 sq. ft.), more or less. Basis of Bearings: Bearings are based on the East line of Lot 2, Villager Inn Subdivision as recorded in the office of the Pueblo County Clerk and Recorder at Reception No. 1475346, County of Pueblo, State of Colorado, from the North corner monumented with a PK nail and disk L.S. # 16128 to the South corner monumented with a 2 1/2" aluminum cap on a No. 6 rebar PLS No. 16128, which bears SO1 ° 20' 35 "E. Rodney A. Quillen, PLS 36061 Abel Engineering Professionals, Inc. 102 South Onieda St., Pueblo CO 9 1003 `..