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HomeMy WebLinkAbout07719Reception 1765210 04/15/2008 ORDINANCE NO. 7719 AN ORDINANCE APPROVING THE WALKING STICK VISTA SUBDIVISION, FILING NO. 1 SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Walking Stick Vista Subdivision, Filing No. 1 being a subdivision of land legally described as: A parcel of land located in the S % of Section 8, Township 20 South, Range 64 West of the 6"' P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the line between the Calibration Baseline, 973 -1983 USC and the E Y4 Comer of Section 8, Township 20 South, Range 64 West of the a P.M. to bear N. 01 0 50'04" E., and all bearings contained herein being relative thereto. Beginning at the E % Corner of Section 8, thence S. 00 0 50'06" W., along the North - South centerline of said Section 8, a distance of 2232.39 feet; thence N. 89 °09'54" W., a distance of 834.01 feet to a point on the Easterly line of the Walking Stick Goff Course as deeded to the City of Pueblo at Reception Nos. 879766 and 993446 in the Pueblo County records; thence along the Easterly and Northerly line of the said Walking Stick Golf Course the following six (6) courses: 1. N. 00°50'06" E., a distance of 335.60 feet; 2. N. 41 °49'52" W., a distance of 96.75 feet; 3. N. 83 °10'49° W., a distance of 168.30 feet; 4. S. 68 °46'19" W., a distance of 345.78 feet; 5. S. 87 °17'19° W., a distance of 426.43 feet; 6. N. 85 °34'14" W, a distance of 779.49 feet to a point on the Easterly line of Walking Stick Estates, Filing No. 2, A Special Area Plan; according to the recorded plat thereof as filed for record at Reception No 1065018 in the Pueblo County records; thence along the Easterly line of said Walking Stick Estates, Filing No. 2, A Special Area Plan the following three (3) courses: 1. N. 34 0 57'26" E., a distance of 200.52 feet; 2. N. 29 0 55'58" E., a distance of 105.85 feet; 1 N. 05 °10'45" E., a distance of 251.20 feet to a point on the centerline of Walking Stick Boulevard as presently located in said Walking Stick Estates, Filing No. 2, A Special Area Plan; thence Westerly along the centerline of said Walking Stick Boulevard the following five (5) courses: 1765210 ORD 04/15/2008 11:56:17 AM Page: 2 of 4 R 21.00 D 0.00 T 21.00 Gl lbert Ortiz�Clerk /Recorder, Pueblo County, Cc ■��� K M I«�+laVIRA� 911 INIA 11 111 1. Westerly along the are of a curve to the right whose radius is 800.00 feet and whose center bears N. 05 0 10'45" E., a distance of 375.42 feet; 2. N. 57 °56'01" W., a distance of 318.00 feet; 3. Westerly along the are of a curve to the left whose radius is 1200.00 feet, a distance of 637.47 feet; 4. N. 88 0 22'14" W., a distance of 170.00 feet; 5. Westerly along the arc of a curve to the right whose radius is 800.00 feet, a distance of 425.93 feet to a point on the Easterly right -of -way line of Cedarweed Boulevard as presently located in said Walking Stick Estates Filing No. 2, A Special Area Plan; thence Northeasterly along the Easterly line of said Cedarweed Boulevard along the arc of a curve to the left whose radius is 1040.00 feet and whose center bears N. 51 0 25'19" W., a distance of 40.19 feet to a point on the Northerly right -of -way line of said Cedarweed Boulevard; thence along the Northerly and Westerly right-of -way line of said Cedarweed Boulevard the following three (4) courses: 1. Northwesterly along the arc of a curve to the right whose radius is 760.00 feet and whose center bears N. 31 E., a distance of 80.07 feet; 2. Southwesterly along the arc of a curve to the right whose radius is 960.00 feet and whose center bears N. 53 °30'41" W., a distance of 409.26 feet; 3. S. 60 °54"53" W., a distance of 240.00 feet; 4. Southwesterly along the arc of a curve to the left whose radius is 900.00 feet, a distance of 278.53 feet to a point on the Northerly line of Walking Stick Estates, Filing No. 1, A Special Area Plan according to the recorded plat there as filed for record at Reception No. 1042940 in the Pueblo County records; thence Westerly along the Northerly line of said Walking Stick Estates, Filing No. 1, a Special Area Plan the following two (2) courses: 1. N. 46'49'01"W., a distance of 51.97 feet; 2. Westerly along the arc of a curve to the left whose radius is 230.00 feet, a distance of 310.88 feet to a point on the Westerly line of said Section 8 and the Easterly line of University Park 19 Filing according to the recorded plat thereof as filed for record at Reception No. 1492673 in the Pueblo County records; thence N. 00 0 46'05" E., along the Westerly line of said Section 8 and the Easterly line of said University Park 19"' Filing, a distance of 959.74 feet to a point on the East-West centerline of said Section 8, thence N. 87 °29'01" E., along the East-West centerline of said Section 8, a distance of 2660.16 feet; thence N. 87 0 28'12" E., continuing along the East -West centerline of said Section 8, a distance of 2657.68 feet to the Point of Beginning. 17 ORD 04/15/2008 11:56:17 AM Gifiber! Ortiz Clerk/ReR 21.00 County, Co ®III 9 11 O'l WYE Wb 11 111 Containing 166.28 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. The Ordinance is approved upon the following condition: The construction of 47"' Street from its existing terminus shall be required with phase I of the construction and all construction traffic must be routed along 47"' Street to lessen the impact this development will have on the established neighborhoods. SECTION 4. 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 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- 10401, 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 5. 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 17 ORD 04/15/2008 11:56:17 AM Pa Gl lbert Ortiz Clerk//Reco County, Co mill K PaMOV1w1AW91 %Wr Wi 11111 Council, have been filed with and approved by the Director of Public Works, and (b) conditions of Section 3 have been met and complied with, (c) 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. rr�rr- n� rr1�L� December 31, 2007 Randy Thurston COUNCILPERSON iVED PRESIDENT OF CITY COUNCIL PASSED AND APPROVED: January 14, 2008 Background Paper for Proposed ORDINANCE AGENDA ITEM # ° " DATE: DECEMBER 31, 2007 DEPARTMENT: JERRY M. PACHECO, ASSISTANT CITY MANAGER FOR COMMUNITY DEVELOPMENT TITLE AN ORDINANCE APPROVING THE WALKING STICK VISTA SUBDIVISION, FILING NO. 1 SUBDIVISION PLAT ISSUE Shall City Council approve a request to subdivide a 166.28 -acre parcel of land into 113 residential lots, 7 lots /parcels for drainage, landscape and pedestrian access, and two parcels reserved for future development? The Planning and Zoning Commission, at their December 12, 2007 regular meeting, voted 5 -1 to recommend approval, with the following noted: CONDITION OF APPROVAL The construction of 47"' Street from its existing terminus shall be required with phase I of the construction and all construction traffic must be routed along 47 Street to lessen the impact this development will have on the established neighborhoods. On November 14, 2007 this Commission forwarded a recommendation of approval to City Council for the Walking Stick Vista PUD, which established the guidelines for development within this property. As proposed the 166.28 -acre subdivision includes 113 residential lots, 7 lots /parcels for drainage, landscape and pedestrian access, and two parcels reserved for future development. Concurrently with this request, the applicant is requesting to vacate the northern 40' of the existing 80' wide Walking Stick Boulevard right -of -way as platted in Walking Stick Estates, 2n Filing. The vacation of this right -of -way and the realignment of Walking Stick Boulevard will facilitate the creation of a 40' wide off - system trail that will be installed and maintained by the Walking Stick Vista Homeowners Association. This public trail will create a buffer between lots that adjoin the trail in the existing Walking Stick neighborhood and will help serve as the required transition of lots sizes. FINANCIAL IMPACT None. Reception 1765212 04/15/2008 SUBDIVISION IMPROVEMENTS AGREEMENT (CSU- Pueblo — Subdivider) THIS AGREEMENT is made on /t4 a" ZO Z003 , between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM a university governing board, acting by and through Colorado State University- Pueblo ( "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 Walking Stick Vista, Filing No. I ( "Subdivision'), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the Pueblo Municipal Code; and WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ( "Required Public Improvements "); and WHEREAS, the Required Public Improvements are generally described in the attached Exhibit `B" and shown on approved construction plans and documents on file in the office of the City's Director of Public Works ( "Plans and Documents "). WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is obligated to provide security or collateral sufficient in the judgement of the Director of Public Works to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the foregoing and the following mutual covenants and agreements, the City and Subdivider agree as follows: Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. DPW101 0 1 /01 /06(Revised 01/11/06) Modified 1/10/07 for CSU - Pueblo 1765212 SUBD AG 04/15/2008 11:56:17 AM Page: 2 of 23 11 116.00 D 0.00 T 116.00 Gilbert Ortiz clerk /Recorder, Pueblo County, Cc �r ®iii K rIVINA NM AWN ®iii 1 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 escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit ". The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the cost of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer to the proposed building site. In any case where the block, as later defined, exceeds one thousand (1000') feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph maybe 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 DPW 101 01/01 /06(Revisedol /11/06) Modified 1/10/07 for CSU- Pueblo 1765212 SUBD AG 04/15/2008 11:56:17 AM Page: 3 of 23 11 116.00 0 0.00 T 116.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc K mill r M������r r: � ww9h ®i such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. 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 DPW 101 01 /01 /06(Revi sed01 / 11 /06) Modified 1/10/07 for CSU- Pueblo 17 ye: 65212 SUBD AG 04/15/2006 11:56:17 AM ci ert of C llerk//Reeorder00Pueblo County, Cc ®iii K r "111JA N111D iam ,i it i complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible for all Required Public Improvements. 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. 1 I . 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 DPW 101 01 /01 /06(RevisedO l/ 11/06) Modified 1/10/07 for CSU- Pueblo 1765212 SUBD AG 04/15/2008 11:56:17 AM Page: 5 of 23 A 116.00 D 0.00 T 116.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®III K rRPJIgFAIII WIN WOWN 11111 to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation arising out of this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. Venue for any such litigation shall be Pueblo County, Colorado. 14. City and Subdivider have attempted by the attached Exhibit `B" and Plans and Documents to describe all Required Public Improvements to be constructed and installed by Subdivider with respect to the Subdivision. However, if the attached Exhibit `B" and Plans and Documents fail to 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, 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. In such event, the more recent standards and specifications shall control. (b) If the Required Public Improvements are constructed and installed after ten (10) years from the date hereof, 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 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 Omitted Public Improvements, latent defects in construction, design or work, and guarantee 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 DPW 101 01 /01 /06(Revised01/11/06) Modified 1/10/07 for CSU- Pueblo Pag 1a 7 652 1 6 2 of s 3 UBD AG 4 116.00 008T1116.00 7 AM Gilbert Ortiz Clerk /Recorder, Pueblo County, Ca mill K r�N�l��g�� PA5IONWH 11111 Works of the Required Public Improvements described in attached Exhibit `B ", provided, however, the obligation by the Developer to construct or install any Omitted Public Improvements will cease following two (2) years after the written approval and acceptance of the Required Public Improvements described in the attached Exhibit "B" by the Director of Public Works. 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. 19. Notwithstanding anything to the contrary set forth herein, this Agreement shall not be construed to impose any financial obligation upon the Board of Governors of the Colorado State University System ( "Board of Governors ") as Subdivider under this Agreement unless the Board of Governors (a) declares its intention to assume such obligation by resolution duly adopted; or (b) becomes the developer of the Subdivision. The Board of Governors shall become the developer of the Subdivision for the purposes of this paragraph if it or the Colorado State University- Pueblo or any of their respective officers, employees or agents construct or cause to be constructed any improvement set for in Exhibit `B ". The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. Subdivider: THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, a university governing board, acting by and through Colrado State Universtiy- u uuinnp2, Pueblo `\`\� P ... l q (SEALS O j \ 4olARy G` By: sep A. Garcia, President, Colorado State ,nr'•, PUB�1G ;`p� University- Pueblo COV The foxegomg instrument was acknowledged before me on � , by Joseph A. Garcia, President, Colorado State Universtiy- Pueblo for the Board of Governors of the Colorado State University System, a University governing board, Subdivider. DPW101 01 /01 /o6 (Revi sedO l / 11 /06) Modified 1 /10 /07 for.CSU- Pueblo 17 SUBD AG 04/16/2008 11:86:17 AM Gilbe O / T 116.00 Ortiz C llerk/Reeo County, Co ®iii n r�a�l ivib��l wn ®i iii My commission expires: My Commission Expires April 18, 2009 Notary PublicU CITY OF A City STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged loor l by President of City Council, and I Pueblo, Colorado. Witness my hand and official seal. Corporation President of City Council me this 94+-1 day of uff V t(2ryC.IV ,as as City Clerk of the City of �e lone pires: 9 2 - 201 1 LORENEBR VO NOTARY PUBLIC _ S[f4f LORADO Notary Public If APPROVED AS TO FORM: z City Attorney DPW 101 01 101 /06(RevisedOl /11/06) Modified 1/10/07 for CSU- Pueblo 17 SUBD AG 04/15/2008 11:56:17 AM Gl lbert o Clerk/Recor der r 0 rder0Pueblo County, Co ■iii in rRYWI =��M�� M�mmiol 11111 EXHIBIT A WALKING STICK VISTA, FILING NO. 1 LAND DESCRIPTION A parcel of land located in the S' /2 of Section 8, Township 20 South, Range 64 West of the 6 P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the line between the Calibration Baseline, 973 -1983 USC and the E 1 /4 Corner of Section 8, Township 20 South, Range 64 West of the 6 P.M. to bear N. 01 0 50'04" E., and all bearings contained herein being relative thereto. Beginning at the E 1 /4 Corner of Section 8, thence S. 00 0 50'06" W., along the North - South centerline of said Section 8, a distance of 2232.39 feet; thence N. 89 1 09'54" W., a distance of 834.01 feet to a point on the Easterly line of the Walking Stick Golf Course as deeded to the City of Pueblo at Reception Nos. 879766 and 993446 in the Pueblo County records; thence along the Easterly and Northerly line of the said Walking Stick Golf Course the following six (6) courses: 1. N, 00 0 50'06" E., a distance of 335.60 feet; 2. N. 41 0 49'52" W., a distance of 96.75 feet; 3. N. 83 0 10'49" W., a distance of 168.30 feet; 4. S. 68 0 46'19" W., a distance of 345.78 feet; 5. S. 87 0 17'19" W., a distance of 426.43 feet; 6. N. 85 0 34'14" W, a distance of 779.49 feet to a point on the Easterly line of Walking Stick Estates, Filing No. 2, A Special Area Plan; according to the recorded plat thereof as filed for record at Reception No 1065018 in the Pueblo County records; thence along the Easterly line of said Walking Stick Estates, Filing No. 2, A Special Area Plan the following three (3) courses: 1. N. 34 0 57'26" E., a distance of 200.52 feet; 2. N. 29 0 55'58" E., a distance of 105.85 feet; 3. N. 05 1 10'45" E., a distance of 251.20 feet to a point on the centerline of Walking Stick Boulevard as presently located in said Walking Stick Estates, Filing No. 2, A Special Area Plan; thence Westerly along the centerline of said Walking Stick Boulevard the following five (5) courses: 1. Westerly along the arc of a curve to the right whose radius is 800.00 feet and whose center bears Page 1 of 3 17 SUBD AG 04/15/2008 11:36:17 AM T 116-00 Gl lbert Ortiz C�lerk//R orrder0 County, Co ®III K PIVINAWINIMyWEN 11111 N. 05 0 10'45" E., a distance of 375.42 feet; 2. N. 57 0 56'01" W., a distance of 318.00 feet; 3. Westerly along the arc of a curve to the left whose radius is 1200.00 feet, a distance of 637.47 feet; 4. N. 88 0 22'14" W., a distance of 170.00 feet; 5. Westerly along the arc of a curve to the right whose radius is 800.00 feet, a distance of 425.93 feet to a point on the Easterly right -of -way line of Cedarweed Boulevard as presently located in said Walking Stick Estates Filing No. 2, A Special Area Plan; thence Northeasterly along the Easterly line of said Cedarweed Boulevard along the arc of a curve to the left whose radius is 1040.00 feet and whose center bears N. 51 0 25'19" W., a distance of 40.19 feet to a point on the Northerly right -of -way line of said Cedarweed Boulevard; thence along the Northerly and Westerly right -of -way line of said Cedarweed Boulevard the following three (4) courses: 1. Northwesterly along the arc of a curve to the right whose radius is 760.00 feet and whose center bears N. 31 1 51'09" E., a distance of 80.07 feet; 2. Southwesterly along the arc of a curve to the right whose radius is 960.00 feet and whose center bears N. 53 0 3041" W., a distance of 409.26 feet; 3. S. 60 0 54 "53" W., a distance of 240.00 feet; 4. Southwesterly along the arc of a curve to the left whose radius is 900.00 feet, a distance of 278.53 feet to a point on the Northerly line of Walking Stick Estates, Filing No. 1, A Special Area Plan according to the recorded plat there as filed for record at Reception No. 1042940 in the Pueblo County records; thence Westerly along the Northerly line of said Walking Stick Estates, Filing No. 1, a Special Area Plan the following two (2) courses: 1. N. 46 a distance of 51.97 feet; 2. Westerly along the arc of a curve to the left whose radius is 230.00 feet, a distance of 310.88 feet to a point on the Westerly line of said Section 8 and the Easterly line of University Park 19 Filing according to the recorded plat thereof as filed for record at Reception No. 1492673 in the Pueblo County records; thence N. 00 0 46'05" E., along the Westerly line of said Section 8 and the Easterly line of said University Park 19` Filing, a distance of 959.74 feet to a point on the East -West centerline of said Section 8, thence N. 87 0 29'01" E., along the East -West centerline of said Section 8, a distance of 2660.16 feet; thence N. 87 0 28'12" E., continuing along the East -West centerline of said Section 8, a distance of 2657.68 feet to the Point of Beginning. Page 2 of 3 Containing 166.28 acres, more or less Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 Street Pueblo, Colorado 81003 October 11, 2007 17 SUBD RG 04/15/2008 11:56:17 AM Gilbe■ r'11 e. 7GrEiz3�CYJerk %IReearde0,0Pueblocounty, Co ®III III i lu191 1� IY l� fl Page 3 of 3 17 SUBD AG 04/15/2008 11:56:17 AM G1lbertl 0.00 T Co X11 ®III K hEli +Ifl is Ow IN 11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WALKING STICK VISTA, FILING NO. 1 ]N 0702202 DEVELOPER: COLORADO STATE UNIVERSITY- PUEBLO ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. 4" Asphalt over 9" Base Course 9380 SY @ $23.00 /SY = $215,800 Curb and Gutter 6490 LF @ $12.00 /LF = $77,900 Handicap Ramp 3120 SF @ $4.00 /SF $12,500 Tactile bands 26 EA @ $350.00 /EA $9,100 Square Pan Radius +7" Conc, Pan +; 350 SF @ $5.00 /SF $1,800 Sidewalk 1170 SF @ $3.00 /SF $3,600 WATER 8" PVC Water Main 3240 LF @ $47.50 /LF = $153,900 Service 64 EA @ $600.00 /EA = $38,400 Fire Hydrant Ass'y 4 EA @ $3,250.00 /EA = $13,000 SANITARY SEWER: 8" PVC Sewer Main 3240 LF @ $35.00 /LF = $113,400 Services 64 EA @ $1,200.00 /EA = $76,800 48" Manholes 11 EA @ $2,500.00 /EA = $27,500 STORM SEWER 18" RCP 422 L.F. @ $41.00 /LF = $17,400 24" RCP 50 L.F. @ $44.00 /LF = $2,200 36" RCP 505 L.F. @ $71.00 /LF = $35,900 Type I -B Manhole 3 EA @ $2,465.00 /EA = $7,400 Type S Inlet L =10' 3 EA @ $4,060.00 /EA = $12,200 UNDERDRAIN 6" SDR 35 Main w/ steel cover c.o. 3240 L.F. @ $30.00 /LF = $97,200 Services 64 EA @ $800.00 /EA = $51,200 4104 iSI 10 EA @ $1,450.00 /EA = 17 EA @ $655.00 /EA = $14,500 MONUMENT BOX GSI NAGE T- Intersection (60' R -O -W) 4- Way - Intersection (60' R -O -W) 4- Way - Intersection (80' R -O -W) $11,200 4 EA @ $325.00 /EA = $1,300 1 EA @ $435.00 /EA = $500 1 EA @ $435.00 /EA = $500 BARRICADES L=16 1 EA @ $940.00 /EA = $1,000 L =24' 1 EA @ $1,280.00 /EA = $1,300 SUBTOTAL $997,500 17 SUBD AG 04/15/2008 11:56:17 AM Gi lbert llerk %Recorderr, Cc mill K f11f I14HIMMI 6 N,101 ®1111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WALKING STICK VISTA, FILING NO. 1 IN 0702202 DEVELOPER: COLORADO STATE UNIVERSITY- PUEBLO $30.00 /LF = ENGINEER: PATRIOT COURT NORTHSTAR ENGINEERING AND SURVEYING, INC. STREETS 4" Asphalt over 9" Base Course 850 SY @ $23.00 /SY = $19,600 Curb and Gutter 340 LF @ $12.00 /LF = $4,100 Handicap Ramp 240 SF @ $4.00 /SF $1,000 Tactile bands 2 EA @ $350.00 /EA $700 Square Pan Radius +7" Conc, Pan 350 SF @ $5.00 /SF $1,800 WATER 6" PVC Water Main 170 LF @ $47.50 /LF = $8,100 Service 5 EA @ $600.00 /EA = $3,000 SANITARY SEWER: 8" PVC Sewer Main 155 LF @ $35.00 /LF = $5,500 Services 5 EA @ $1,200.00 /EA = $6,000 48" Manholes 1 EA @ $2,500.00 /EA = $2,500 AZDT#ff W 6" SDR 35 Main w/ steel cover c.o. 170 L.F. @ $30.00 /LF = $5,100 Services 5 EA @ $800.00 /EA = $4,000 MONUMENT BOX 3 EA @ $655.00 /EA = $2,000 SIGNAGE T- Intersection (60' R -O -W) 4 EA @ $325.00 /EA = $1,300 SUBTOTAL $64,700 17 SUED _RG 04/15/2008 11:56:17 AM Gl lber t tt z3clerk /Recorderr Pueblo Co ®III K f1�N �L lY�4ill N 11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WALKING STICK VISTA, FILING NO. 1 IN 0702202 DEVELOPER: COLORADO STATE UNIVERSITY- PUEBLO ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. 4" Asphalt over 9" Base Course 2675 SY @ $23.00 /SY = $61,600 Curb and Gutter 1850 LF @ $12.00 /LF = $22,200 W ATER 8" PVC Water Main 920 LF @ $47.50 /LF = $43,700 Service 13 EA @ $600.00 /EA = $7,800 Fire Hydrant Ass'y 2 EA @ $3,250.00 /EA = $6,500 SANITARY SEWER: 8" PVC Sewer Main 800 LF @ $35.00 /LF = $28 Services 13 EA @ $1,200.00 /EA = $15,600 48" Manholes 4 EA @ $2,500.00 /EA = $10,000 STORM SEWER 24" RCP 220 L.F. @ $44.00 /LF = $9,700 30" RCP 300 L.F. @ $66.00 /LF = $19,800 36" RCP 15 L.F. @ $71.00 /LF = $1,100 Type I -B Manhole 3 EA @ $2,465.00 /EA = $7,400 Type S Inlet L =10' 2 EA @ $4,060.00 /EA = $8,200 UNDERDRAIN 6" SDR 35 Main w/ steel cover c.o. 800 L.F. @ $30.00 /LF = $24,000 Services 13 EA @ $800.00 /EA = $10,400 STREET LIGHT 3 EA @ $1,450.00 /EA = $4,400 MONUMENT BOX 5 EA @ $655.00 /EA = $3,300 SUBTOTAL $283,700 17 SUBD AG 04 /15/2006 11:56:17 AM Gi Ortiof Cc ®III WAN 1111 W&A 101 ®III SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WALKING STICK VISTA, FILING NO. 1 )N 0702202 DEVELOPER: COLORADO STATE UNIVERSITY- PUEBLO ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. MICA STREET STREETS 4" Asphalt over 9" Base Course 1880 SY @ $23.00 /SY = $43,300 Curb and Gutter 1300 LF @ $12.00 /LF = $15,600 Handicap Ramp 480 SF @ $4.00 /SF $2,000 Tactile bands 4 EA @ $350.00 /EA $1,400 WATER B" PVC Water Main 650 LF @ $47.50 /LF = $30,900 Fire Hydrant Ass'y 2 EA @ $3,250.00 /EA = $6,500 SANITARY SEWER: 8" PVC Sewer Main 960 LF @ $35.00 /LF = $33,600 48" Manholes 4 EA @ $2,500.00 /EA = $10,000 STORM SEWER 24" RCP 265 L.F. @ $44.00 /LF = $11,700 30" RCP 180 L.F. @ $66.00 /LF = $11,900 Type I -B Manhole 2 EA @ $2,465.00 /EA = $5,000 STREET LIGHT 3 EA @ $1,450.00 /EA = $4,400 MONUMENT BOX 2 EA @ $655.00 /EA = $1,400 SIGNAGE 4-Way- Intersection (80' R -O -W) 1 EA @ $413.00 /EA = $500 BARRICADES 1 1lK 2 EA @ $940.00 /EA = $1,900 SUBTOTAL $180,100 17 SUBD_RG 04/15/2008 11:56:17 AM Gi l6ertgOrtiz3�Clerk /Recorderr, Pueblo 06 County, Co ■III K W UNNIFARI IWIN 11111 SUBDMSION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WALKING STICK VISTA, FILING NO. 1 ]N 0702202 DEVELOPER: COLORADO STATE UNIVERSITY- PUEBLO ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. CEDARWEED BOULEVARD STREETS 5 1/2" Asphalt over 11" Base Cour. 2200 SY @ $29.75 /SY = $65,500 Curb and Gutter 980 LF @ $12.00 /LF = $11,800 Sidewalk 2280 SF @ $3.00 /SF $6,900 WATER 8" PVC Water Main 500 LF @ $47.50 /LF = $23,800 Service 4 EA @ $800.00 /EA = $3,200 Fire Hydrant Ass'y 2 EA @ $3,250.00 /EA = $6,500 SANITARY SEWER: 8" PVC Sewer Main 355 LF @ $35.00 /LF = $12,500 Services 4 EA @ $1,400.00 /EA = $5,600 48" Manholes 11 EA @ $2,500.00 /EA = $27,500 STORM SEWER 30" RCP 380 L.F. @ $66.00 /LF = $25,100 24" RCP 81 L.F. @ $44.00 /LF = $3,600 36" RCP 630 L.F. @ $71.00 /LF = $44,800 Type I -B Manhole 5 EA @ $2,465.00 /EA = $12,400 Type S Inlet L =10' 4 EA @ $4,060.00 /EA = $16,300 UNDERDRAIN 6" SDR 35 Main w/ steel cover c.o. 270 L.F. @ $30.00 /LF = $8,100 Services 4 EA @ $800.00 /EA = $3,200 STREET LIGHT 2 EA @ $1,450.00 /EA = $2,900 MONUMENT BOX 3 EA @ $655.00 /EA = $2,000 BARRICADES L_24 1 EA @ $1,280.00 /EA = $1,300 SUBTOTAL $283,000 17 SUBD_AG 04/15/2008 11:56:17 AM 0.00 T Cc ®III m Nll p IlL4HINA1111AMN 11 Ill SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WALKING STICK VISTA, FILING NO. 1 ]N 0702202 DEVELOPER: COLORADO STATE UNIVERSITY- PUEBLO ENGINEER: FELDSPAR STREET NORTHSTAR ENGINEERING AND SURVEYING, INC. STREETS 4" Asphalt over 9" Base Course 1460 SY @ $23.00 /SY = $33,600 Curb and Gutter 1010 LF @ $12.00 /LF = $12,200 WATER 6" PVC Water Main 510 LF @ $47.50 /LF = $24,300 Service 7 EA @ $600.00 /EA = $4,200 Fire Hydrant Ass'y 2 EA @ $3,250.00 /EA = $6,500 SANITARY SEWER: 8" PVC Sewer Main 610 LF @ $35.00 /LF = $21,400 Services 7 EA @ $1,200.00 /EA = $8,400 48" Manholes 5 EA @ $2,500.00 /EA = $12,500 STORM SEWER 24" RCP 24 L.F. @ $44.00 /LF = $1,100 Type S Inlet L =30' 1 EA @ $4,060.00 /EA = $4,100 UNDERDRAIN 6" SDR 35 Main w/ steel cover c.o. 610 L.F. @ $30.00 /LF = $18,300 Services 7 EA @ $800.00 /EA = $5,600 STREET LIGHT 2 EA @ $1,450.00 /EA = $2,900 MONUMENT BOX 4 EA @ $655.00 /EA = $2,700 SUBTOTAL $157,800 17g65212 oSUZBD_RGl 6400 0. 8 I e6 07 AM /filbert Ortiz Clerk /Recorder, Puebla County, Cc SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WALKING STICK VISTA, FILING NO. 1 3N 0702202 DEVELOPER: COLORADO STATE UNIVERSITY- PUEBLO ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. WALKING STICK BOULEVARD STREETS 7" Asphalt over 16" Base Course 4890 SY @ $41.00 /SY = $200,500 Curb and Gutter 3830 LF @ $12.00 /LF = $46,000 Handicap Ramp 480 SF @ $4.00 /SF $2,000 Tactile bands 4 EA @ $350.00 /EA $1,400 Square Pan Radius +7" Conc. Pan 400 SF @ $5.00 /SF $2,000 Sidewalk 225 SF @ $3.00 /SF $700 &TIACO 16" PVC Water Main 960 LF @ $47.50 /LF = $45,600 Service 19 EA @ $1,000.00 /EA = $19,000 Fire Hydrant Ass'y 1 EA @ $3,250.00 /EA = $3,300 SANITARY SEWER: 2 EA @ $2,465.00 /EA = $5,000 8" PVC Sewer Main 932 LF @ $35.00 /LF = $32,700 Services 19 EA @ $1,400.00 /EA = $26,600 48" Manholes 3 EA @ $2,500.00 /EA = $7,500 7 e' i 18" RCP 508 L.F. @ $41.00 /LF = $20,900 24" RCP 111 L.F. @ $44.00 /LF = $4,900 Type S Inlet L =10' 1 EA @ $4,060.00 /EA = $4,100 Type I -B Manhole 2 EA @ $2,465.00 /EA = $5,000 UNDERDRAIN 6" SDR 35 Main w/ steel cover c.o. 932 L.F. @ $30.00 /LF = $28,000 Services 19 EA @ $800.00 /EA = $15,200 STREET LIGHT 7 EA @ $1,450.00 /EA = $10,200 MONUMENT BOX 4 EA @ $655.00 /EA = $2,700 SIGNAGE T- Intersection (60' R -O -W) 2 EA @ $325.00 /EA = $700 SUBTOTAL $479,000 1765212 SUBD_RG 04/15/2008 11:56:17 AM Mbert /Reeorderr, Pueblo 0.00 6 County, Co mill m N1I M MM h 11111 IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WALKING STICK VISTA, FILING NO. 1 IN 0702202 DEVELOPER: COLORADO STATE UNIVERSITY- PUEBLO ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC 0112#011 4" Asphalt over 9" Base Course 1460 SY @ $23.00 /SY = $33,600 Curb and Gutter 1010 LF @ $12.00 /LF = $12,200 Square Pan Radius +7" Conc, Pan 700 SF @ $5.00 /SF $3,500 Sidewalk 400 SF @ $3.00 /SF $1,200 WATER 12" PVC Water Main 505 LF @ $47.50 /LF = $24,000 Service 2 EA @ $600.00 /EA = $1,200 Fire Hydrant Ass'y 1 EA @ $3,250.00 /EA = $3,300 SANITARY SEWER: 8" PVC Sewer Main 130 LF @ $35.00 /LF = $4,600 Services 2 EA @ $1,200.00 /EA = $2,400 48" Manholes 1 EA @ $2,500.00 /EA = $2,500 STORM SEWER 18" RCP 30 L.F. @ $41.00 /LF = $1,300 Type S Inlet L =10' 1 EA @ $4,060.00 /EA = $4,100 Flowable -Fill 4 CY @ $75.00 /CY = $300 UNDERDRAIN 6" SDR 35 Main w/ steel cover c.o. 130 L.F. @ $30.00 /LF = $3,900 Services 2 EA @ $800.00 /EA = $1,600 STREET LIGHT 2 EA @ $1,450.00 /EA = $2,900 MONUMENT BOX 2 EA @ $655.00 /EA = $1,400 SUBTOTAL 5104,000 1 8" PVC Water Main 1240 LF 1765212 SUBD AG 04/18/2008 11:56:17 AM $47.50 (LF = Gil8gbert9Ortiz3Clerk Recorde Cc 16" PVC Water Main ■III%% 14 lip WilimW o 114 *1 i *Y ®I Il l SUBDIVISION IMPROVEMENTS AGREEMENT $47.50 /LF = EXHIBIT "B" SUBDIVISION NAME: WALKING STICK VISTA, FILING NO. 1 @ IN 0702202 DEVELOPER: COLORADO STATE UNIVERSITY- PUEBLO ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. 47th STREET $19,500 STREETS 7" Asphalt on 16" Basecourse 6985 SY @ $41.00 /SY = $286,400 Curb and Gutter 5400 LF @ $12.00 /LF = $64,800 Sidewalk 32400 SF @ $3.00 /SF $97,200 1 8" PVC Water Main 1240 LF @ $47.50 (LF = $58,900 16" PVC Water Main 1460 LF @ $47.50 /LF = $69,400 Service 2 EA @ $600.00 /EA = $1,200 Fire Hydrant Ass'y 6 EA @ $3,250.00 /EA = $19,500 SANITARY SEWER: 8" PVC Sewer Main 2300 LF @ $35.00 /LF = $80,500 48" Manholes 8 EA @ $2,500.00 /EA = $20,000 BARRICADES L =24' 1 EA @ $1,280.00 /EA = $1,300 SUBTOTAL $699,200 1765212 SUBD_RG 04/15/2008 11:56:17 AM Page: 20 of 23 R 116.00 D 0.00 T 116.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®III K NIMIANItUMVIVA 11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WALKING STICK VISTA, FILING NO. 1 ]N 0702202 DEVELOPER: COLORADO STATE UNIVERSITY- PUEBLO ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC BLOCK 8 ALLEY 6114 a" 4" Asphalt over 9" Base Course 770 SY @ $23.00 /SY = $17,800 Double Gutter 2300 SF @ $4.00 /SF $9,200 BLOCK 9 ALLEY STREETS 4" Asphalt over 9" Base Course 650 SY @ $23.00 /SY = $15,000 Double Gutter 1950 SF @ $4.00 /SF $7,800 BLOCK 10 ALLEY STREETS 4" Asphalt over 9" Base Course 694 SY @ $23.00 /SY = $16,000 Double Gutter 2082 SF @ $4.00 /SF $8,400 SUBTOTAL $74,200 176521 g11 of 23 Z 0 e0 TIi166 AM " Gilbert Ortiz Clerk /Recorder, Pueblo County, Ca SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WALKING STICK VISTA, FILING NO. 1 ]N 0702202 DEVELOPER: COLORADO STATE UNIVERSITY- PUEBLO ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. MISCELLANEOUS GRADING Total Site Grading EF1 -2 -C DETENTION Outlet Structure 30" RCP Rip -Rap LANDSCAPING Park Sites with Irrigation ISLAND LANDSCAPING Median Landscaping EROSION AND SEDIMENT CONTROL Erosion and Sediment Control 120000 CY @ $3.00 /CY = $360,000 1 EA @ $3,300.00 /EA = $3,300 184 L.F. @ $66.00 /LF = $12,200 128 CY @ $55.00 /CY = $7,100 6.24 AC @ $18,500.00 /AC = $115,500 0.14 AC @ $36,000.00 /AC = $5,100 $3,960 POWER LINE derground -E�j. Overhead line 1 LS @ $0.00 /LS = $0 6KKPIWG Uvft1hGAQ e�WCR 4co4G Nltth-A 1^M SN+-u- W gpnilo49V) U VTt% -" CO.tp4* Caws SUBTOTAL $507,160 'rb 556 k%4U M&U i►1 q AV'L14A FF31S j0 sol D'V %uw Ldrs. 1764212 SUBD_RG 04/18/2008 11:66:17 AM Page: 22 of 23 R 116.00 D 0.00 T 116.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co BIII K N 19MVIANN 410 111 hN wi 11 111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WALKING STICK VISTA, FILING NO. 1 JN 0702202 DEVELOPER: COLORADO STATE UNIVERSITY- PUEBLO ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. TOTAL PROJECT: $318 360 This is an estimate only. Actual construction costs may vary. PREPARED BY: MLC FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC. 17 SUBD_RG 04/18/2006 11:56:17 AM Pa G/l'art lark /Racorderr, County, Ca mill K N 11 MINAhNMIll lib 1111 The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and 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 (iii) the unit prices shown hereon are the most current unit prices provided by tba.Clty of Pueblo. l .;., •1)9 e y'g�� 3'.;tJ- Professional Engineer. Date Board of Water Wast ater epartment Trififsporta tion Divis n a31ea /01? REVIEWED BY: , k J / ZcJro Director of Public Wor Date Reception 1765213 04/15/2008 ADDENDUM TO SUBDIVISION IMPROVEMENT AGREEMENT THIS ADDENDUM entered into by and between the City of Pueblo, a municipal corporation, acting by and through its Director of Public Works ( "City ") and THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, a university governing board, acting by and through Colorado State University - Pueblo ( "Subdivider "). WHEREAS, Subdivider and City entered into a Subdivision Improvements Agreement ("Subdivision Improvements Agreement ") and related Addenda thereto for Walking Stick Vista, Filing No. 1 ( "Subdivision "); and WHEREAS, City is willing to cooperate with Subdivider and grant its request to allow the deferment of the design and construction of 47 Street for this subdivision. WHEREAS, Subdivider desires to construct a 28' wide "Pioneer" road with an asphalt section of 5" of asphalt on 16" of base course in the final alignment of 47` Street from the west subdivision boundary to the intersection of Walking Stick Boulevard as platted in the Subdivision. WHEREAS, City desires for Subdivider to: (i) submit Construction documents to the City for 47` Street including the intersection on 47` Street and Walking Stick Boulevard and the construction documents for the 16" PVC water main at the intersection of 47` Street and Walking Stick Boulevard at the time of issuance of the 50` building permit in the Subdivision; and (ii) commence construction of the south one -half of 47` Street, including the south curb and gutter and the south one half of the median and including a 2" overlay of the "Pioneer Road ", and the construction of the 16" PVC water main at the intersection of 47` Street and Walking Stick Boulevard, at the time of the issuance of the 100` building permit in the Subdivision. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Subdivider agree as follows: 1. The Subdivision Improvements Agreement including Addendum and Exhibits thereto as amended and modified by this shall remain in full force and effect and the covenants of the Subdivision Improvements Agreement and this Addendum shall run with the land in the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and Subdivider, and their respective heirs, personal representatives, successors and assigns. 2. Subdivider shall construct: (i) a 28' wide "Pioneer" road with an asphalt section of 5" of asphalt on 16" of base course in the final alignment of 47` Street from the west subdivision boundary to the intersection of Walking Stick Boulevard as platted in the Subdivision; and (ii) approximately 160 lineal feet of 16" PVC water main connecting the 16" PVC water main in 47` Street to the 16" PVC water main in Walking Stick Boulevard, 3. Subdivider shall: (i) submit Construction documents to the City for 47` Street including the intersection on 47` Street and Walking Stick Boulevard and the construction documents for the 16" PVC water main at the intersection of 47` Street and Walking Stick Boulevard at the time of issuance of the 50` building permit in the Subdivision; and (ii) commence construction of the south one -half of 47` Street, including the south curb and gutter and the south one half of the median and including a 2" overlay of the "Pioneer Road ", and the construction of the 16" PVC I 17 ADD _AGR 04/15/2008 11:56:17 AM G l lbert Ortiz Clerk/Recorder, orrderr, County, Co ®III K FiV«IaMWWLM110111 III water main at the intersection of 47 Street and Walking Stick Boulevard, at the time of the issuance of the 100 building permit in the subdivision. Executed at Pueblo, Colorado as of APnNt_ 14.7 w , 2008. STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) „• 6E`Cb ADo Sui 'r The foregoing instrument was acknowledged CITY OF PUEBLO, LIM of before me the 1�_ day of (, 2008 Centa, Director of Public Works. Witness my hand and official seal. My commission )(D ,2010. Notary Public BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, a university governing board, acting by and through Colorado State University- Pueblo "Notwithstanding anything to the contrary set forth herein, this Application shall not be construed to impose any financial obligation upon the Board of Governors of the Colorado State University System (the "Board ") unless the Board (a) declares its intention to assume such obligation by resolution duly adopted; or (b) becomes the "developer" of the property that is the subject of this Application. The Board shall become the "developer" for the purposes of this provision if it or Colorado State University - Pueblo or any of their respective officers, employees or agents co tract or causes t be constructed any improvements thereon." By: Josep is Titl resident, Colorado State University - Pueblo STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) �� The foregoing instrument was acknowledged before me the � day of 20 b 8 by Joseph A. Garcia, President, Colorado State University- Pueblo for the Board of Governors of the Colorado State University System, a University governing board, Subdivider. Witness my hand and official seal. My Commission Exptree My commission expires: April 18, 2 009 20 �.<<` P , VF( o, Q;. G Notary Public O:` NOtARk `'•; N PU G 8L1 < .y �'4l OF envo . c`N� 17 ADD AGR 04/13/2008 11:86:17 AM -� Gl lbert Ortiz Cle r Pueblo County, Co CITY OF PUEBLO, a Municipal Corporation B President of City Council n Cit STATE OF COLORADO ) ss. COUNTY OF PUEBLO Th regoin instrument was acknowledged before me this 1,9 �h day of 9 by as President of City Council, and as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. My commission expires: 9- LORENEBRAVO -NEFF �— NOTARY PUBLIC 4ATI t4ORADO ary Public APPROVED AS TO FORM: s Reception 1765214 04/15/2008 ADDENDUM To SUBDIVISION IMPROVEMENTS AGREEMENT (PER LOT FEE) This Addendum shall be incorporated in and become a part of the _ Subdivision Improvements Agreement for the Walking Stlek Vist Piling t (herein the "Subdivision ") and enforceable as provided in said Subdivision improvements Agreement. I . Prior to the issuance of a building permit to build or construct an building or structure within the Subdivision. the suns of $_3 ?,_ shall be deposited (the "Deposit ") Frith the Director ofFlnanceforthe ttirecotttpletiollOf_'dalking tid e} lkm Gedarwee ar Itoul o , and ther offsite L ranspurCa tmprovwiinrits iu icrord aiice with the dovel opment afire Iri2nt Der CitV Of'PLtcblo speclfcalion ( "Improvement-), for the Walking Sticf: Master Plan 2. file Deposit shall be held in an interest - bearing account identified as the walkl ng stick Acer:"�t im: a l _ _ ("Account"). the Deposit and interest thereon shall he expended soleh filr the completion of the lnlprovement within twelve (12) v'e;ars ofthe date of the Deposit on a First in. first out basis. that is. the first Deposit in the Account paid Shall be considered the first Deposit expended. I f the improvements have not been installed within such twelve t 12) year period, the twelve 12 year period shall he extended(. if in the opinion of the City s Director of public Forks. it appears likely the improvements will be needed, provided that such twelve ( 12) year period may not he extended for more than txvehc additional years. Deposits not so upended shall be refunded upon application to the record owner of the property for which the Deposit was made. applications for refund shall be made in writing to the Director of Finance within six (6) months after the expiration of the uvelve -)rear period following date of payment. Application Shall be accompanied by a copy of the dated receipt issued for payment of the Deposit or other d0Cl1I11e111S sausfuctory to the Director of Finance that the lee was paid and (late of payment. together with a copy of the cleed to such property showing the applicant to be the current record owner of the property. 1. The covenants of this Addendum shall run with the land within the Subdivision and shat l extend to_ be binding upon. and inure to the benefit of the City of Puehlo and Subdivider and their respective heirs, personal representatives. successors. and assigns. Allis Addendum may he specifically enforced against the Subdivider and subsequent owners of lots within the Subdivision. "Notwithstanding anything to the comrary set forth herein. this Application shall not be construed to impose any financial obligation upon the Board of Governors of the Colorado State University System (the "Board ") unless the Board (a) declares its intention to assure such obligation by resolution duly adopted: or (b) becomes the "developer of the property that is the subject of this Application. The Board shall become the "developer" for file purposes of this provision if it or Colorado State University - Pueblo of any of their respective officers. employees of agents construct or causes to he constructed any improvements thereon." DPW I �= 13 "_0106 �N Executed at Pueblo. Colorado as of % -2tj i 544-t �Q b Board of Governors of the Colorado State University System OW111,,,1 -,. S bdivider p . ......... G Fr By �ptPR Y Title President o �o�e ` Colorado State University - Pueblo STATE 6F &? D0 ) COUNTY OF PUEBLO ) fhe foregoing instrument was acknowledged before me this day of 1 - 6 u()­eA )DO6 , by Joseph A. Garcia as President of Colorado State University— Pueblo, a Subdivider. My commission expires: My Comm r � e� 2 009 Ire CITY OF PUEBLO, a Municipal Corporat' By President of the City Council 1765214 ADD_RGR 04/15/2008 11:56:17 AM Page: 2 of 2 R 11.00 0 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®III K 11 I V11114110 M IMM 11111 DPW 125 12 /20 /O6