HomeMy WebLinkAbout07741Reception 1768304
05/08/2008
ORDINANCE NO. 7741
AN ORDINANCE APPROVING THE PLAT OF THE PARK
WEST BUSINESS CAMPUS, FILING NO. 5
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Park West Business Campus, Filing No. 5, being a
subdivision of land legally described as:
A resubdivision of all of Lot 1, Block 1 and all of Parcel A in Park West Business
Campus, Filing No. 2 according to the recorded plat thereof as filed for record at
Reception No. 1555457 and a parcel of land located in the NW '/4 of Section 22,
Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of
Colorado, and being more particularly described as follows:
Considering the North line of the NW '/4 of the NW '/4 of Section 22, Township 20 South,
Range 65 West of the 6 P.M. to bear N. 88 0 42'57" E. and all bearing contained herein
being relative thereto.
Beginning at the Northwest corner of Lot 1, Block 1 in said Park West Business
Campus, Filing No. 2 said point also being on the Easterly right -of -way line of Pueblo
Boulevard (Colorado State Highway No. 45) as presently located; thence along the
Northerly line of said Lot 1, Block 1 the following six (6) courses:
1. N. 88 0 43'39" E., a distance of 647.88 feet;
2. S. 01 0 16'21 "E., a distance of 59.01 feet;
3. Southerly along the arc of a curve to the left
whose radius is 52.00 feet and whose center
bears S. 61 °11'57" E., a distance of 217.95 feet;
4. N. 01 °16'21" W., a distance of 59.01 feet;
5. N. 88 0 43'39" E., a distance of 563.12 feet;
6. N. 01 °43'18" W., a distance of 55.58 feet
to a point on the Westerly right -of -way line of Spaulding Avenue as presently located in
said Park West Business Campus, Filing No. 2; thence Southerly along the Westerly
right -of -way line of said Spaulding Avenue the following two (2) courses:
1 Southerly along the arc of a curve to the right
whose radius is 450.00 feet and whose center
bears S. 49 0 20'08" W., a distance of 305.85 feet;
2. S. 01 0 43'18" E., a distance of 920.16 feet;
Ojtbert Ortiz clerkfRecorden Pueblo County, Co
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thence S. 89 0 12'05" W., a distance of 637.13 feet; thence S. 00 0 47'55" E., a distance of
831.12 feet to a point on the Northerly line of said Section 22, thence N. 88 0 42'57" E.,
along the Northerly line of said Section 22, distance of 550.46 feet; thence N. 88 °44'03"
E., continuing along the Northerly line of said Section 22, a distance of 1300.76 feet to a
point on the North -South centerline of said Section 22; thence S. 01 0 28'16" E., along the
North -South centerline of said Section 22, a distance of 1309.77 feet; thence S.
88 °38'31" W., a distance of 370.84 feet; thence N. 01 0 28'16" W., a distance of 655.18
feet; thence S. 88 0 41'24" W., a distance of 390.75 feet; thence Westerly along the arc of
a curve to the right, whose radius is 540.00 feet and whose center bears N. 23 0 29'10'
W., a distance of 208.92 feet; thence S. 88 °40'51" W., a distance of 1646.23 feet to a
point on the Easterly right -of -way line of said Pueblo Boulevard (Colorado State
Highway No. 45) as presently located; thence N. 00 0 34'08" W. along the Easterly right -
of -way line of said Pueblo Boulevard (Colorado State Highway No. 45), a distance of
696.75 feet; thence N. 01 0 45'08" W., continuing along the Easterly right -of -way line of
said Pueblo Boulevard (Colorado State Highway No. 45), a distance of 1972.64 feet to
the Point of Beginning.
Containing 97.26 acres, more or less.
is hereby approved, and all dedicated streets, utility and drainage easements, rights -of-
way and land set aside for public sites, parks and open spaces shown and dedicated on
said plat are hereby accepted for public use.
SECTION 2.
The acceptance of such dedicated streets, rights -of -way, utility and drainage
easements, public sites, parks and open spaces by the City does not obligate the City to
maintain or repair same until such streets, rights -of -way, utility and drainage easements,
public sites, parks and open spaces have been constructed and installed in compliance
and in accordance with the requirements and provisions of Chapter 4, Title XII of the
Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto.
SECTION 3.
Neither the adoption of this ordinance nor the requirements imposed hereby shall
create any duty or obligation of any person, firm, corporation or other entity with regard
to the enforcement or nonenforcement of this ordinance or the City's Subdivision
Ordinances and regulations. No person, firm, corporation or other entity shall have any
private right of action, claim or demand against the City or its officers, employees or
agents, for any injury, damage or liability arising out of or in any way connected with the
adoption, enforcement, or nonenforcement of this ordinance or the Subdivision
Ordinance and Regulations of the City, or the engineering, surveying, drainage
improvement or other work or improvements required thereby. Nothing in this
ordinance or in the City's subdivision ordinances and regulations shall create or be
construed to create any claim, demand or liability against the City or its officers,
employees or agents, or to waive any of the immunities, limitations on liability, or other
provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq.
Colorado Revised Statutes, or to waive any immunities or limitations on liability
otherwise available to the City or its officers, employees or agents.
SECTION 4.
This ordinance shall be approved upon final passage but shall not become
effective until (a) all information, documents, drawings, profiles, and plat required by
Chapter 4 of Title XII of the Pueblo Municipal Code meeting and complying with the
subdivision requirements of the City with such modifications, if any, approved by City
Council, have been filed with and approved by the Director of Public Works, and (b) the
final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder.
If any such filings and approvals have been deferred pursuant to Section 12 -4 -5 (B) (2)
of the Pueblo Municipal Code, and are not for any reason filed and approved within one
(1) year after final passage of this Ordinance, or within any extended period granted by
Resolution of the City Council, this ordinance shall automatically be rescinded and
repealed thirty (30) days after written notice of such rescission and repeal is given to the
Subdivider. No vested rights shall accrue to the subdivision or be acquired until this
Ordinance becomes effective.
§; r INTRODUCED: January 14 7008
BY:
COUNCILPERSON
APPROVED: ltiat.
VICE -PR SIDENT OF CITY MUNCIL
ATTESTEp".
TY CLERK
Judy Weaver
PASSED AND APPROVED: January 9a 2nna
Qrd . - Ilgt
g[D o
Background Paper for Proposed
ORDINANCE
AGENDA ITEM #&t I
DATE: JANUARY 14, 2008
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE APPROVING THE PLAT OF THE PARK WEST BUSINESS
CAMPUS. FILING NO. 5
ISSUE
Shall City Council approve a request to replat the Park West Business Campus, Filing
No. 5 to address concerns that there may be a wetland within the drainage area
currently located in Lot 2 of Block 1 and to allow for the development to proceed?
RECOMMENDATION
The Planning and Zoning Commission, at their December 12, 2007 regular meeting,
voted 6 -0 to recommend approval.
BACKGROUND
The initial subdivision, S- 07 -02, was approved by City Council on April 11, 2007, but it
was not recorded. The applicant was informed that the Army Corps of Engineers and
HUD (Housing and Urban Development) were concerned that there may be a wetland
within the drainage area currently located in Lot 2 of Block 1. The applicant decided to
move a lot line in the subdivision to clean up this issue and allow for the development to
proceed in Lot 2 of Block 1 without the wetlands concern. The applicant was informed
that this was a major change and that it would require subsequent review. Additionally,
the line in question was a dividing line between two approved zones B -3 and R -5, and
moving that line would also require that the zoning be changed to ensure that the
zoning and subdivision were in agreement. The applicant has submitted this
application to make the line change to the subdivision and has also submitted a
concurrent zoning request (Z- 07 -34).
FINANCIAL IMPACT
None.
Reception 1768306
05/08/2008
RATIFICATION OF PLAT
FOR VALUE RECEIVED, the undersigned being the owner of indebtedness
secured by a deed of trust recorded March 29, 2007, in Book at
Page , Reception Number 1719926 , does hereby ratify
and consent to the subdivision of the land platted as Park West Business Campus,
Filing No. 5 shown on the Subdivision Plat recorded by Reception
Number in the records of Pueblo County, Colorado, and confirms and joins
in the dedication of all streets, easements, rights of way and access restrictions shown
thereon and subordinates its interest in the property described in the Subdivision Plat to
the Subdivision Improvements Agreement and Addendum thereto dated February 22,
2008, between the Subdivider and City of Pueblo executed in conjunction therewith.
Signed this f - if day of /' �s� r�Dq .
United Western Bank
Company Name
r
By: ✓f
Title: cS.y 7
STATE OF COLORADO)
) ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this w day of
4 1-1 I boo$ by V &: A- No,2'st -Ey as
ZI eQic«al �l aEStciru�f of u�;f cazs�E �ztilL 7
My Commission Expires:
Public
DPW 107
02/05/02
Reception 1768307
05/08/2008
RATIFICATION OF PLAT
FOR VALUE RECEIVED, the undersigned being the owner of indebtedness
secured by a deed of trust recorded August 11 2003 , in Book
at Page Reception Number 1519121 does hereby ratify
and consent to the subdivision of the land platted as Park west Business Campus,
Filing No. 5 shown on the Subdivision Plat recorded by
Reception Number in the records of Pueblo County, Colorado, and
confirms and joins in the dedication of all streets, easements, rights of way and access
' restrictions shown thereon and subordinates its interest in the property in the
Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto
between the Subdivider and City of Pueblo executed in conjunction therewith.
Signed this A day of �Gl�
Emma Roberson Bamber Revocable Trust
Company Name
By:
Title:
COUNTY OF PUEBLO
The foregoing instrument was acknowledged befor ' me this day of
oob by C �f ��1 I' 1y Arc 1 S�� as
of Emma vsov)
My Commission Expires: VN
V'
Notary Public
DPW 107
02/05/02
STATE OF COLORADO)
BRITTANY AGEE
rF„,';,� Johnson County
)ss.
„- ,..
' �. R ; ; My Commis r . Ex pires
•.: June27,2015
2015
COUNTY OF PUEBLO
The foregoing instrument was acknowledged befor ' me this day of
oob by C �f ��1 I' 1y Arc 1 S�� as
of Emma vsov)
My Commission Expires: VN
V'
Notary Public
DPW 107
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Reception 1768308
05/08/2008
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on NDT - uacq 0,,� c�W8 , between the
CITY OF PUEBLO, a Municipal Corporatl�City "), and
Qwanzo, LLC, a Colorado Limited Liability Company and Peak View Business Campus LLC a
Colorado Limited Liab
("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 Park West
Business Campus. Filing No. 5
( "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.
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
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escrow agreement approved by the City Attorney. The holder of such cash or
collateral shall pay all or any portion thereof to the City upon demand after the time
to complete all Required Public Improvements by Subdivider or subsequent owner
expires. Such deposit or escrow agreement shall be referred to as the "deposit ".
3. The amount of the deposit shall be computed by the City's Director of Public Works
by estimating the total cost of all uncompleted Required Public Improvements within
the block at the time application for building permit is made. The amount of the
deposit required by this alternative shall not be less than 25% of such estimate plus
the cost of extending all required sewer and water lines from nearest existing sewer
and water lines to the proposed building site for which a building permit is sought,
plus the costs of extending curb, gutter, sidewalk and paving from the edge of the
Subdivision or existing improvements of a like nature, whichever is closer to the
proposed building site. In any case where the block, as later defined, exceeds one
thousand (1000') feet in length between intersecting streets, the estimate of the City
Director of Public Works under this paragraph may be reduced to the total costs of all
uncompleted Required Public Improvements in at least one half (1/2) of such block,
and the required deposit shall be based upon such decreased estimate. The
Subdivider, however, shall provide a turnaround of at least sixty (60') feet in
diameter at the mid -block point and barricade such street so that no through traffic
shall be permitted beyond the point to which the estimate of Director of Public Works
is based.
4. Within one hundred eighty (180) days after subsequent application for a building
permit to construct any building or structure upon any building site within the block,
or upon the issuance of a certificate of occupancy for any such building or structure,
whichever occurs first, Subdivider shall also deposit an amount not less than the
estimate of the Director of Public Works for all Required Public Improvements from
existing improvements to the proposed building site, less any previous deposits made
under this agreement upon building sites lying between the most recent proposed site
and existing improvements.
5. In the event the Subdivider or any subsequent owner of the land fails to complete the
Required Public Improvements or to make such deposit within the required time, no
additional building permits shall be issued to the Subdivider or the subsequent owner
or to any other person to build or construct any building or structure in the
Subdivision until such default is remedied. In addition, the City may treat the amount
of such deposit as a debt due the City from the Subdivider or subsequent owner,
which debt shall be a lien upon all the land in the Subdivision and notice of lien may
be filed for record in the office of the County Clerk and Recorder at any time after
such default. Action upon such debt may be instituted by the City within six (6)
years from the date of filing such lien for record. All remedies provided for in this
agreement are cumulative and the use of one shall not prohibit the use of another.
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6. Upon paying such deposit, the City Director of Public Works shall release the
proposed building site from the terms of the Agreement except the terms of Paragraph
7 below.
7. As a condition of approval of this Subdivision, and to meet the requirements of
Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees
that no certificate of occupancy shall be issued by the Pueblo Regional Building
Department until the Required Public Improvements, or those improvements
necessary as determined by the City Director of Public Works, to totally serve
specific lot(s) or block(s) for which certificates of occupancy are sought, have been
properly designed, engineered, constructed and accepted as meeting the specifications
and standards of the City.
The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and
the restriction on the issuance of building permits contained in Paragraph 5 shall run
with the land and shall extend to and be binding upon the heirs, legal representatives,
successors, and assigns of the Subdivider and may be specifically enforced by the
City.
8. Acceptance of this Subdivision by the City does not constitute an acceptance of the
roads, parks and other public improvements for maintenance by the City. Until such
roads, parks, and other public improvements have been installed and meet the
requirements, standards, and specifications of the City, its Subdivision ordinances
and any applicable Parks Department specifications, and such are specifically
approved and accepted in writing by the City Director of Public Works, and, if
appropriate, the City Director of Parks and Recreation, the maintenance, construction,
and all other matters pertaining to or affecting said roads, parks and other public
improvements and rights -of -way are the sole responsibility of the Subdivider or any
subsequent owner(s) of the land within the Subdivision.
9. The required time to complete all Required Public Improvements by Subdivider
within such block shall be one (1) year from the date of application for the first
building permit issued within such block. Upon completion and written approval and
acceptance of the Required Public Improvements within the required time and the
payment of all inspection costs by Subdivider, the Director of Public Works shall
cause all obligations of the Subdivider relating to the Required Public Improvements
within such block to be released. If such Required Public Improvements are not
completed within the required time, the City Director of Public Works may cause the
proceeds of all deposits or other collateral or monies in escrow to be used to compete
the same. If insufficient monies are available at the end of the required time to
complete all Required Public Improvements for the entire length of such block, the
Director of Public Works shall cause all collateral or monies in escrow to be reduced
to cash and shall deposit the same with the Director of Finance. Such cash shall be
used to complete that portion of the Required Public Improvements as the Director of
Public Works, in the Director's sole discretion, shall determine. Until all the
Required Public Improvements are completed and approved by the Director of Public
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Gl lbert Ortiz Clerkl Recorder, Pueblo County, Co
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
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installed by Subdivider with respect to the Subdivision. However, if the attached
Exhibit `B" and Plans and Documents fail to describe or to include, for any reason,
any Required Public Improvement described and set forth in Chapter 4, Title XII of
the Pueblo Municipal Code and the standards and specifications approved by City
Council ( "Omitted Public Improvement "), Subdivider shall not be released or
discharged from Subdivider's obligation to construct and install the Omitted Public
Improvement in the time and manner contained in this Agreement and Chapter 4,
Title XII of the Pueblo Municipal Code.
In order to determine whether or not there are Omitted Public Improvements, the
following shall be applicable:
(a) If the Required Public Improvements are constructed and installed within ten
(10) years from the date hereof, or within a five year extension if granted in
writing by the Director of Public Works, then Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by the
City Council and interpreted as of the date hereof shall control, unless
adherence to a more recent standard does not require significant engineering
modifications or major revisions to the plans and documents.
For the purposes of this subsection, a major revision is defined as, but not
necessarily limited to the relocation or re- alignment of any curb and gutter,
sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or
type of sewer mains, inlets, curb and gutter or sidewalk.
(b) If the Required Public Improvements are constructed and installed after ten
(10) years from the date hereof, or after a five year extension if granted in
writing by the Director of Public Works, then Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by the
City Coucil and interpreted as of the date the Required Public Improvements
are constructed and installed shall control.
(c) If Chapter 4 of Title XII and /or the standards and specifications approved by
the City Council are modified or amended to conform with the requirements
of federal or state law, rules or regulations prior to the construction and
installation of the Required Improvements, they shall control as so modified
and amended.
15. Except for guarantee and obligation to correct defects required by Section 12-4 -
70)(9) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to
extend any obligation of the Subdivider beyond the date of written approval and
accepted by the Director of Public Works of the Required Public Improvements
described in attached Exhibit `B ", provided, however that the obligation of the
Developer to construct or install any Omitted Public Improvements will cease
following two (2) years from the date of acceptance of the Required Public
Improvements described in the attached Exhibit "B" by the Director of Public Works.
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Bill N��1tiY�Kk ul �IRM4hlMIA ®1111
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
IdOl/B7,/Zp9a11dx3 u01s9IM Cunty, Colorado, and shall constitute an agreement running with the land until
e ased as described above.
A n 09 no . e carne have caused this Agreement to be executed and attested by its duly authorized
Business Campus, LLC, a Colorado Limited Liability Company and Qwanzo, LLC, a
C. Cone, Member Manager ' Outlook Development, LLC, a Colorado Limited Liability
as Managing Member for Qwanzo, LLC, a Colorado Limited Liability Company, and
Liles
The foregoing instrument was acknowledged before me on yie- bh � 6B
by Thomas C. Cone Member Manager - Dutlook Develo AN nt TLC a Subdivider.
0 ore o m to a ty ompany as ',nag ng r or anzo, LLC, a Colorado Limited
Liability Company, and Peak View Business Campus, LLC, a Colorado Limited Liability Company
My commission expires: d 1 agl.pm ( j /
I'd 41 � 21aAt.A
Notary Public
CITY OF PUEBLO, a Municipal Corporation
President of City Council
W
City (�;rk
STATE OF COLORADO ) e '
) ss.
COUNTY OF PUEBLO )
The foregoing instrument i
President of City Council, and
Pueblo, Colorado.
e
me this � /—r10 day of
)n Y� V 1 YY tLU ,as
as City Clerk of the City of
Witness my hand and official seal.
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Gilbert Ortiz ClarkfReoortler, Pueblo County, Ca
1111 PFaa'INPAl MiM1tiMVlX IAV PAN 11111
LOREN .. „ . D11 AM11 l
NOTARY PUBLIC
r8 WWE2O L ORADO
Notary Public
APPROVED AS TO FORM:
City Attor
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EXHIBIT A
LAND DESCRIPTION
PARK WEST BUSINESS CAMPUS,
FILING NO. 5
A resubdivision of all of Lot 1, Block 1 and all of Parcel A in Park West Business
Campus, Filing No. 2 according to the recorded plat thereof as filed for record at
Reception No. 1555457 . and a parcel of land located in the NW 1 /4 of Section 22,
Township 20 South, Range 65 West of the 6 th P.M. in the County of Pueblo and State of
Colorado, and being more particularly described as follows:
Considering the North line of the NW 1 /4 of the NW 1 /4 of Section 22, Township 20
South, Range 65 West of the 6 th P.M. to bear N. 88 1 42'57" E. and all bearing contained
herein being relative thereto.
Beginning at the Northwest corner of Lot 1, Block 1 in said Park West Business Campus,
Filing No. 2 said point also being on the Easterly right -of -way line of Pueblo Boulevard
(Colorado State Highway No. 45) as presently located; thence along the Northerly line
of said Lot 1, Block 1 the following six (6) courses:
1. N. 88 0 4339" E., a distance of 647.88 feet;
2. S. 01 0 16'21 "E., a distance of 59.01 feet;
3. Southerly along the arc of a curve to the left
whose radius is 52.00 feet and whose center
bears S. 61 0 11'57" E., a distance of 217.95 feet;
4. N. 01 0 1621" W., a distance of 59.01 feet;
5. N. 88 0 4339" E., a distance of 563.12 feet;
6. N. 01 0 43'18" W., a distance of 55.58 feet
to a point on the Westerly right -of -way line of Spaulding Avenue as presently located in
said Park West Business Campus, Filing No. 2; thence Southerly along the Westerly
right -of -way line of said Spaulding Avenue the following two (2) courses:
1 Southerly along the arc of a curve to the right
whose radius is 450.00 feet and whose center
bears S. 49 0 20'08" W., a distance of 305.85 feet;
2. S. 01 0 43'18" E., a distance of 920.16 feet;
thence S. 89 0 12'05" W., a distance of 637.13 feet; thence S. 00 0 4755" E., a distance of
831.12 feet to a point on the Northerly line of said Section 22, thence N. 88 0 42'57" E.,
Page 1 of 2
176 SUB AG 05/08/2008 03:59:04 PM
Ga 31erkk7Recorderr, Pueblo County Co
mill Mra�MWAI �w1114111M05WIVIA WR4 11111
along the Northerly line of said Section 22, distance of 550.46 feet; thence N. 88 0 44'03"
E., continuing along the Northerly line of said Section 22, a distance of 1300.76 feet to
a point on the North -South centerline of said Section 22; thence S. 01 E., along
the North -South centerline of said Section 22, a distance of 1309.77 feet; thence S.
88 0 38'31" W., a distance of 370.84 feet; thence N. 01 0 28'16" W., a distance of 655.18
feet; thence S. 88 0 41'24" W., a distance of 390.75 feet; thence Westerly along the arc
of a curve to the right, whose radius is 540.00 feet and whose center bears N.
23 a distance of 208.92 feet; thence S. 88 0 40'51" W., a distance of 1646.23
feet to a point on the Easterly right -of -way line of said Pueblo Boulevard (Colorado
State Highway No. 45) as presently located; thence N. 00 0 34'08" W. along the Easterly
right -of -way line of said Pueblo Boulevard (Colorado State Highway No. 45), a distance
of 696.75 feet; thence N. 01 0 45'08" W., continuing along the Easterly right -of -way line
of said Pueblo Boulevard (Colorado State Highway No. 45), a distance of 1972.64 feet
to the Point of Beginning.
Containing 97.26 acres, more or less.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 Street
Pueblo, Colorado 81003
January 24, 2007
JN 99 045 22
Page 2 of 2
Storm Sewer
18 Storm Pipe
85 LF
@
1768308 SUB PG 05/08/2008 03:59:04 PM
T3
$3,485
Page: 10 of R 66.00 D 0.00 T 66.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
8 LF
® III t �raR '��4Ni�a�+�'II�CI�rd'�a141�k�Y t�!l0�.1Y4�h ®I III
$66.00 /LF =
SUBDIVISION IMPROVEMENTS AGREEMENT
Type Inlet L =4'
EXHIBIT"B"
SUBDIVISION NAME:
PARK WEST BUSINESS CAMPUS, FILING NO. 5
DEVELOPER:
QWANZO, LLC & PEAK VIEW BUSINESS CAMPUS, LLC
ENGINEER:
NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE
$2,465
SPAULDING AVENUE
3.7 CY
pavement
Pavement (1" Asphalt Overlay)
109 Ton @ $75.00 /Ton = $8,151
Pavement (6" Asphalt)
344 SY @ $15.00 /SY = $5,160
Concrete
Curb and Gutter (6" Std.)
446 LF @ $12.00 AF = $5,352
Handicap Ramp (1)
58 SF @ $4.00 /SF = $232
Tactile Band
1 EA @ $350.00 /EA = $350
Sanitary Sewer
Service Lines - 100' ROW
1 EA @ $1,600.00 /EA = $1,600
Water
Service Lines - 100' ROW
1 EA @ $1,000.00 /EA = $1,000
Monument Boxes
1 EA @ $655.00 /EA = $655
Storm Sewer
18 Storm Pipe
85 LF
@
$41.00 /LF =
$3,485
30" Storm Pipe
"S"
8 LF
@
$66.00 /LF =
$528
Type Inlet L =4'
1 EA
@
$2,740.00 /EA =
$2,740
Type 1B Manhole
1 EA
@
$2,465.00 /EA =
$2,465
Rip Rap including Filter Fabric
3.7 CY
@
$55.00 /CY =
$204
SPAULDING AVENUE (PHASE I) SUBTOTAL $31,922
1768308 SUB AG 05/08/2008 03:59:04 PM
Page: 11 of Ta R 66.00 0 0.00 T 66.00
Gilbe O Clerk/Re Pueblo County, Cc
31ST STREET ®III fM1'd�e4'IiNI�IY�.Y71� J�i1 RA�Q�Rdk� ®I III
Pavement
Pavement (1" Asphalt Overlay) 173 Ton @ $75.00 /Ton = $12,950
Pavement (3" Asphalt /10" Base) 785 SY @ $22.00 /SY = $17,270
Striping 753 LF @ $1.35 /LF
$1,017
on rP e
Curb and Gutter (6" Std.)
1467 LF
@
$12.00 /LF =
$17,604
Handicap Ramp (4)
232 SF
@
$4.00 /SF =
$928
Tactile Band
Square Pan Radius
4 EA
@
$350.00 /EA . =
$1,400
520 SF
@
$5.00 /SF =
$2,600
Water
Relocate Fire Hydrant Assembly
2 EA
@
$500.00 /EA =
$1,000
Monum—_ ent km
2 EA
@
$655.00 /EA =
$1,310
Street Liahu
3 EA
@
$1,450.00 /EA =
$4,350
Street Name Siam & Stoo Sians
80' ROW - T- Intersection
1 EA
@
$325.00 /EA =
$325
fillaulLujilm
18" Storm Pipe
45 LF
@
$41.00 /LF =
$1,845
24" Storm Pipe
"S"
184 LF
@
$44.00 /LF =
$8,096
Type Inlet L =8'
2 EA
@
$3,620.00 /EA =
$7,240
Rip Rap including Filter Fabric
1.4 CY
@
$55.00 /CY =
$77
31ST STREET (PHASE I) SUBTOTAL $78,011
PHASE I SUBTOTAL $109,933
PHASE II
31ST STREET
Pav m n
Pavement (1" Asphalt Overlay)
Pavement (3" Asphalt/10" Base)
C oncr ete
Curb and Gutter (6" Std.)
Water
Relocate Fire Hydrant Assembly
Street Lights
Street Name Wfl & Stog Sian
80' ROW - T-Intersection 1 EA @ $325.00 /EA = $325
31ST STREET (PHASE II) SUBTOTAL $105,789
PHASE II SUBTOTAL $105,789
1768308 SUB AG 05/08/2008 03:59:04 PM
Pe 12 of 13 R 66.00 D 0.00 7 66.90
Gilbert Ortiz Clark /Recorder, Pueblo County, Co
®IIINPOICIY dWA WCRIE1id.'j f F*Kj1Wr� ®IIII
355
Ton
@
$75.00 /Ton =
$26,610
1669
SY
@
$22.00 /SY =
$36,718
2903
LF
@
$12.00 /LF =
$34,836
3
EA
@
$500.00 /EA =
$1,500
4
EA
@
$1,450.00 /EA =
$5,800
PHASE III
SPAULDING AVENUE
Pavemen
Pavement (4" Asphalt /18" Base)
6923 SY
@
$36.50 /SY
= $252,690
Striping
3986 LF
@
$1.35 /LF
$5,381
on
Curb and Gutter (6" Std.)
1978 LF
@
$12.00 /LF
= $23,736
S611:11itery Sewer
Service Lines - 100' ROW
2 EA
@
$1,600.00 /EA
= $3,200
Water
12" PVC Water Main
1000 LF
@
$49.50 /LF
= $49,500
Fire Hydrant Ass'y
2 EA
@
$3,250.00 /EA
= $6,500
Service Lines - 100' ROW
2 EA
@
$1,000.00 /EA
= $2,000
Mgnum - e—ArltBgxq6.
2 EA
@
$655.00 /EA
= $1,310
Street Lights
4 EA
@
$1,450.00 /EA
= $5,800
Storm Sewer
30" Storm Pipe
975 LF
@
$66.00 /LF
= $64,350
Type 113 Manhole
2 EA
@
$2,465.00 /EA
= $4,930
Rip Rap including Filter Fabric
3.7 CY
@
$55.00 /CY
= $204
SPAULDING AVENUE (PHASE
III) SUBTOTAL
$419,600
PHASE III SUBTOTAL
$419,600
. F ".
6 5118 AG 05/08/2008 03:89.04 P11
Gelhert of t Ortiz C ark/Re o der Pu- 111- T - uItyy0 Co
®iii
TOTAL PR03ECT: $635,322
This is an estimate only. Actual construction costs may vary.
PREPARED BY: S. Slate
FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC.
The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and on the Plans and
Specifications therefore constitute all of the public improvements required to be installed and constructed for the
Subdivision 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 pri
Pueblo. ces shown hereon are the most current unit prices
Professional Engineer Date
..
j � i4terept. 4Trspoation WD
REVIEWED BY:
Reception 1768309
05/08/2008
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(GENERAL)
14, See Attachment No. 1
(Terms and conditions of Addendum to the Subdivision Improvements Agreement)
r This Addendum shall be incorporated in and become a part of the
ellnWi Z ZCO5 Subdivision Improvement,Agreement for the
Park West Business Campus.Filing No 5 (herein the "Subdivision ") and enforceable as
provided in said Subdivision Improvements Agreement.
2 #. The covenants of this Addendum shall run with the land within the
Subdivision and shall extend to, be binding upon, and inure to the benefit of the City of
Pueblo and,Subdivider and their respective heirs, personal representatives, successors,
and assigns. This addendum may be specifically enforced against the Subdivider and
subsequent owners of lots within the Subdivision.
Executed at Pueblo, Colorado as of the date and year stated above.
SUBDIVIDER: PUEBLO, A MUNICIPAL CORPORATION
Qwanzo, LLC, a Colorado Limited
Liability Company
By: Outlook Development, LLC B
a ColoradgeZimiteld Li ili r� Company
By' CEO ( i
Name: Thomas C. Cone
Title: Member Manager
and
Peak View Business Campus, LLC, a Colorado Limited Liability Company
By: Outlook z y evelopmmeen� CJ /�t,, LLC, a Colorado Limited Liability Company
By: ` z
Name: Thomas C. Cone
Title: Member Manager
DPW 102
12/03/98
[1 768309 ADD_RGR 05/08/2008 03:59:04 PM
Pagge: 2 of 2 R 11.00 D 0.00 T 11.00
J G1lbert Ortiz Clerk /Recorder, Pueblo County, Cc
ATTACHMENT No. 1
1. If the alignment of 29 Street swings south to tie into Joe Martinez
at Pueblo Boulevard, all future design, construction and costs
associated with 31S Street east of Spaulding Avenue shall not be
required.
If the alignment of 29 Street swings north-to tie into the present
location of 31 Street, the design, construction or future cost
associated with 31 Street east of Spaulding Avenue shall be
deferred until the entire escrow requirement for that segment of
31 Street (formerly 29 Street) along the south boundary line of
the YMCA Community Campus, Filing No. 1, has been collected by
the City of Pueblo, in accordance with the Amended Annexation
Agreement for the YMCA Campus, filed for record at Reception No.
1643624.
Reception 1768310
05/08/2008
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(PHASED CONSTRUCTION)
This Addendum shall be incorporated in and become a part of the 1 P U . 0a,
Subdivision Improvements Agreement for Park West Business Campus Filing No 5 (herein
the "Subdivision ") and enforceable as provided to said Subdivision Improvements Agreement.
1. The Subdivider will develop the Subdivision in separate phases in the sequence
described in the attached Exhibit "A ".
2_ The Subdivider shall construct and install all Required Public Improvements in
the manner and as described in the Subdivision Improvements Agreement needed and required to
serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A ".
3. For purposes of determining the extent and timing of the Required Public
Improvements, each Phase shall be considered as a separate subdivision.
4. After completion of all Required Public Improvements for any Phase and
approval thereof by the Director of Public Works, the City will release the lots in that Phase from
the Subdivision hnprovements Agreement and this Addendum.
5. Any development of the Subdivision contrary to the phasing sequence set forth in
paragraph 1 above without the prior written approval of the Director of Public Works
( "Director ") shall constitute a breach of the Subdivision Improvements Agreement and this
Addendtun and City may thereafter refuse to approve the issuance of building permits for
construction within the Subdivision.
6. No modifications to the phasing sequence set forth in the attached Exhibit "A"
shall be approved by the Director until (a) Subdivider's engineer certifies in writing that the
requested modifications will not result in any lot in the Subdivision being inadequately served by
required public improvements, (b) Subdivider furnishes title information satisfactory to the City
showing all persons and entities having a recorded interest in all lots within the Subdivision
( "Interested Parties "), and (c) ail Interested Parties execute and acknowledge their consent to and
approval of the modification to the phasing sequence in form and content approved by the City
Attorney.
7. The Subdivision Improvements Agreement as amended by this Addendum shall
remain in full force and effect and the covenants of this Addendum shall run with the land within
the Subdivision and shall extend to. be bindina upon, and inure to the benefit of the City and
Subdivider and their respective heirs. personal representatives, successors. and assierns.
Executed at Pueblo. Colorado, as of lquarl 1 raccg
Peak Pieta Business Campus, LLC, a Colorado Limited Liability
Company and QtiTanzc, LLC, a. Coiorado Limited Liabi.lity Com n
Subdiviaer p"
DPW 103
1/6/04
By Thomas C. Cone Member Mana er - Outlook
Development, LLC, a Colorado Limited Liability Company
STATE OF COLORADO Managing Member for Qwanzo, LLC, a Colorado Limited
Liability Company and Peak View Business Campus, LLC,
) ss. Colorado Limited Liability Company
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this a �?7 day of
o L(49 by Thomas C. Cone, Member Manager - Outlo Development, LLC, a
Colorado Limited Liability Company as Managing Member for Qwanzo, LLC, a Colorado
Li
Witness my hand and official seal. Limited ability Company and Peak View Business
Campus, LLC, a Colorado Limited Liability Compan
Subdivider.
My commission expires: 2 Q� /�,
[SEAL]
� E blic I .
Notar blic
CITY OF PUEBLO,
a Municipal Corporation
By
President of the Council
176 ADD AGR 05/0812008 03:59:04 PM
Gllbart20,tiz3C1erk1Reoorder0 Pueblo Cou Co
®III IPalINCIVI h+LIALtihCANKLMW 11111
DPW 10,
1/6/04
My Commission Expires 02/2812011
B �
By Thomas C. Cone Member Mana er - Outlook
Development, LLC, a Colorado Limited Liability Company
STATE OF COLORADO Managing Member for Qwanzo, LLC, a Colorado Limited
Liability Company and Peak View Business Campus, LLC,
) ss. Colorado Limited Liability Company
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this a �?7 day of
o L(49 by Thomas C. Cone, Member Manager - Outlo Development, LLC, a
Colorado Limited Liability Company as Managing Member for Qwanzo, LLC, a Colorado
Li
Witness my hand and official seal. Limited ability Company and Peak View Business
Campus, LLC, a Colorado Limited Liability Compan
Subdivider.
My commission expires: 2 Q� /�,
[SEAL]
� E blic I .
Notar blic
CITY OF PUEBLO,
a Municipal Corporation
By
President of the Council
176 ADD AGR 05/0812008 03:59:04 PM
Gllbart20,tiz3C1erk1Reoorder0 Pueblo Cou Co
®III IPalINCIVI h+LIALtihCANKLMW 11111
DPW 10,
1/6/04
My Commission Expires 02/2812011
ADDENDUM TO SUBDIVISION IMPROVEMENTS
EXHIBIT A
The Subdivider will develop the Subdivision in separate phases in the following
sequence:
PHASE
Lots 1 & 2, Block I
Lot 1, Block 2
PHASE II
Lot 3, Block 1
PHASE III
Lot 1, Block 3
Lot 1, Block 4
179 ADD _RGR 05/08/2008 03:59:04 PM
Gag% l 3 Grrt ' iz ClerkmR oorderO Pueblo 1 Cou 0 n 0 ty. Co
b
gill PliAY�+�4�hbd aYriL�UY+R�IMh4�� +W ®����
Reception 1768311
05/08/2008
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this _JZ day of �((tirlt0 ri. o?p08 by
Peak view Business , Grantor, to Pueblo, a Municipal Corporation, Grantee:
Campus, LLC, a Colorado Limited Liability Company
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 drainage improvements , in, through, over, under and across Grantor'
property situated in Pueblo County, Colorado described in the attached Exhibit "A" (the
Property).
Grantor shall install drainage improvements
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.
DPW 1 t0
12/03/98
"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 day of
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
GRANTO' / % %�O L
B y' -
Thomas C. Cone, Member Manager,
Peak View Business Campus, LLC,
a Colorado Limited Liability Company
By: Outlook Develpment, LLC, a Colorado
Limited Liability Company
The foregoing instrument was ackn wledged before me this o ? 7 day of
��"�✓ K by Thomas C. Cone Member Manager, Pe View
Business Capmus, LLC, a Colorado Limited
Witness my hand and official seal. Liability Company, By: Outlook Deveopment, LLC
a Colorado Limited Liability Company
My Commission Expires: t,�-;Zg ( I
(SEAL) �� `��
. otary ublic
17 8 M
88311 EASE 05/08/2008 03:59:04 P
Gilbert 2 Or O tiz 4 ClerkMeoorder0 Pueblo County, Co
®III NFI A '161%11 : IL lit WlM9WAR 11111
My CMVftM E*lM 04/4912011
178 EASE 05/08/2008 03:59:04 PM
Gi ert z order Pueblo
4 ClerkZReo0 2 c o u nnty, Co
■111 r���>u�,a wtlr�l�ra1�1111 ®1111
EXHIBIT A
DRAINAGE EASEMENT
An easement for Drainage purposes through a portion of the NE 1 /4 of the NW 1 /4 of
Section 22, Township 20 South, Range 65 West of the 6 P.M. in the County of Pueblo
and State of Colorado, and being more particularly described as follows:
Considering the North line of the NE 1 /4 of the NW 1 /4 of Section 22, Township 20 South,
Range 65 West of the 6 P.M. to bear N. 88 0 44'03" E. and all bearing contained herein
being relative thereto.
Beginning at a point from which the NW corner of the NE 1 /4 of the NW 1 /4 of Section 22
bears N. 58 0 10'39" W., a distance of 1389.52 feet said point also being on the Easterly
right -of -way line of Spaulding Avenue as presently located in Park West Business
Campus, Filing No. 5 as filed for record in the Pueblo County records; thence N.
88 0 31'44" E., a distance of 109.29 feet; thence S. 01 0 28'16" E., a distance of 265.25
feet to a point on the Easterly right -of -way line of said Spaulding Avenue; thence
Northerly along the Easterly right -of -way line of said Spaulding Avenue, along the arc of
a curve to the left whose radius is 995.00 feet and whose center bears S. 74 0 25'24" W.,
a distance of 287.88 feet to the Point of Beginning.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 Street
Pueblo, Colorado 81003
June 8, 2007
JN 99 045 22
Page 1 of 2
—�
SCALE: 1" = 100'
Z. 0 50' 100' 200'
Y i s74 25'24 "W
` (R)
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
0. E. DRAINAGE EASEMENT
' ;`\`'' Y I y
/
I ��` Y
P 176 EASE 05/08/2008 03:59:04 PM
Gi z /Recorder, Puebla 2 Counntty. Co
P mill NpAgl4dimmwltIt 0 14110101 11111
k RJSfS OF BEARINGS:
K NORTH LINE OF THE NE 114 OF THE NW 114 OF
3 SECTION 22, TOWNSHIP 20 SOUTH, RANGE 65 NOTE:
3 WEST, 6TH P.M., BEARS N88'44'03E A DISTANCE OF THIS EXHIBIT WAS NOT PREPARED AS A
1300.76 FEET. - MONUMENTED LAND SURVEY, AND WAS
3 ONLY PREPARED TO DEPICT THE
r- NORTHSTAR ENGINEERING AND SURVEYING, INC.
ATTACHED LAND DESCRIPTION. q
PAGE 2 OF 2
0 /� d
M /u / D�TION
NW CORNER OF / J�ff / O
O/�1
NE CORNER OF NE 114
OF THE NW i/4
NE 114 OF THE NW 114 (
Q
U
OF SEC77ON 22
2
OF SECTION 22
2 I 12" ALUM. CAP LS 12697 BASIS O F _ f" i I i_ini _
3 1/2" CAP
DEPT. OF INTERIOR
- - _ _
fi 4,
1 K
P.O.B.
—�
SCALE: 1" = 100'
Z. 0 50' 100' 200'
Y i s74 25'24 "W
` (R)
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
0. E. DRAINAGE EASEMENT
' ;`\`'' Y I y
/
I ��` Y
P 176 EASE 05/08/2008 03:59:04 PM
Gi z /Recorder, Puebla 2 Counntty. Co
P mill NpAgl4dimmwltIt 0 14110101 11111
k RJSfS OF BEARINGS:
K NORTH LINE OF THE NE 114 OF THE NW 114 OF
3 SECTION 22, TOWNSHIP 20 SOUTH, RANGE 65 NOTE:
3 WEST, 6TH P.M., BEARS N88'44'03E A DISTANCE OF THIS EXHIBIT WAS NOT PREPARED AS A
1300.76 FEET. - MONUMENTED LAND SURVEY, AND WAS
3 ONLY PREPARED TO DEPICT THE
r- NORTHSTAR ENGINEERING AND SURVEYING, INC.
ATTACHED LAND DESCRIPTION. q
PAGE 2 OF 2
Reception 1768312
05/08/2008
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this __ day of 1 by
Peak view Business Grantor, to Pueblo, a Municipal Cot oration, Grantee:
Campus LLC, a Colorado Limited Liability Company
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 drainage improvements , 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 improvements
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 goodand sufficient right and title in and
to the Property and full power to grant this easement and right -of -way, and (b) will defend
Grantees quiet and peaceful possession of the Property and easement and right -of -way against
all persons who may lawfully claim title to the ropert
,
"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 a7 day of o ,7�Qit/GI�Qs/ �
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
GRANT —'�
By:
Thomas C. Cone, Member Manager,
Peak View Business Campus, LLC,
a Colorado Limited Liability Company
By: Outlook Develpment, LLC, a Colorado
Limited Liability Company
The foregoing instrument was acknowledged before me this rl?7 day of
by Thomas C. Cone, Member Manager ,. Pe ak View
Business Capmus, LLC, a Colorado.Limited
Witness mV hand and official seal. Liability Company, By: Outlook Deveopment, LLC,
a Colorado Limited Liability Company
My Commission Expires:
(SEAL)
My Commission Expires 02/28/2011
44otary P blic
17 EASE 05/08/2008 03:59:04 PM
G i a lhert 2 Orrtiz 4 ClerklReccorder0 P e blo 2 county, Co
will NFAIAIVAIlIp 1M IAlCgY7la4 hik 11111
EXHIBIT A
DRAINAGE EASEMENT
An easement for Drainage purposes through a portion of the NE 1 /4 of the NW 1 /4 of
Section 22, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo
and State of Colorado, and being more particularly described as follows:
Considering the North line of the NE 1 /4 of the NW 1 /4 of Section 22, Township 20 South,
Range 65 West of the 6 P.M. to bear N. 88 0 44'03" E. and all bearing contained herein
being relative thereto.
Beginning at a point from which the NW corner of the NE 1 /4 of the NW 1 /4 of Section 22
bears N. 48 0 04'47" W., a distance of 1635.71 feet said point also being on the Westerly
right -of -way line of Spaulding Avenue as presently located in Park West Business
Campus, Filing No. 5 as filed for record in the Pueblo County records; thence Southerly
along the Westerly right -of -way line of said Spaulding Avenue along the arc of a curve
to the right whose radius is 895.00 feet and whose center bears S. 79 0 0520"
W., a distance of 147.46 feet; thence S. 01 0 28'16" E., a distance of 43.75 feet to a
point on the Southerly line of said Park West Business Campus, Filing No. 5; thence S.
88 °38'31" W., along the Southerly line of said Park West Business Campus, Filing No. 5,
a distance of 124.16 feet; thence N. 29 0 01'03" E., a distance of 220.83 feet to the Point
of Beginning.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5th Street
Pueblo, Colorado 81003
June 11, 2007
JN 99 045 22
Page 1 of 2
1768312 EASE 05/08/2008 03:59:04 PM
Page: 3 of 4 R 21.00 D 0.00 T 21.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
® ii1VFjWN��ija ;ijdk+�twu '6Kr��+r�� fflk®1111
NW CORNER OF
N£ 114 OF THE NW 114
OF SEC 17ON 22
2 112" ALUM. CAP LS 12697 r- / i T i ir�,i
BASIS OF BEARINGS _ _
r�
NE CORNER OF NE I/
OF THE NW 114
OF SEC77ON 22
3 112" BRASS CAP
(DEPT. OF INTERIOR)
1 '1
•t. -A
SCALE: 1 " = 100'
—{ ` 0 50' 100' 200'
BASIS OF BFf1I�INGS.
NORTH LINE OF THE NE 114 OF THE NW 714 OF
SECTION 22, TOWNSHIP 20 SOUTH, RANGE 65
WEST, 67H P.M., BEARS N88 A DISTANCE OF
1300.76 FEET.
NORTHSTAR ENGINEERIN AND SURVEYING, INC.
1768312 EASE 05/08/2008 03:59:04 PM
Page: 4 of 4 R 21.00 D 0.00 T 21.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
�IC
mill NFAIM111MVI K W W11M MAAAR 11 ill
NOTE:
THIS EXHIBIT WAS NOT PREPARED AS A
MONUMENTED LAND SURVEY, AND WAS
ONLY PREPARED TO DEPICT THE
ATTACHED LAND DESCRIPTION. -
PAGE 2 OF 2
1 1 LEGEND:
�
\ ` P.O.B. POINT OF BEGINNING
(a) w` \ \yi P O D. E. DRAINAGE EASEMENT
.(
,Y �a ^,��°��
ME w
BASIS OF BFf1I�INGS.
NORTH LINE OF THE NE 114 OF THE NW 714 OF
SECTION 22, TOWNSHIP 20 SOUTH, RANGE 65
WEST, 67H P.M., BEARS N88 A DISTANCE OF
1300.76 FEET.
NORTHSTAR ENGINEERIN AND SURVEYING, INC.
1768312 EASE 05/08/2008 03:59:04 PM
Page: 4 of 4 R 21.00 D 0.00 T 21.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
�IC
mill NFAIM111MVI K W W11M MAAAR 11 ill
NOTE:
THIS EXHIBIT WAS NOT PREPARED AS A
MONUMENTED LAND SURVEY, AND WAS
ONLY PREPARED TO DEPICT THE
ATTACHED LAND DESCRIPTION. -
PAGE 2 OF 2
Reception 1768313
05/08/2008
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this r7l _ .day of �1Ma Apirta �'� by
Peak view Business Grantor, to Pueblo, a Municipal C ation, Grantee:
Campus, LLC, a Colorado Limited Liability Company
'WITNESSETH:
THAT IN CONSIDERATION of the sum of One Dollar (51.00) 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 drainage improvements n, 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 improvements
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 f or
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 Prepeme 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.
"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 day of
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
GRANTOJ I(
By:
Thomas C. Cone, Member Manager,
Peak View Business Campus, LLC,
a Colorado Limited Liability Company
By: Outlook Develpment, LLC, a Colorado
Limited Liability Company
T he foregoing instrument was acknowledged before me this _27 _ day of
4 0 26` Y' by Thomas C. Cone Member Manager, Pe View
Business Capmus, LLC, a Colorado Limited
Witness my hand and official seal. Liability Company, By: Outlook Deveopment, LLC,
a Colorado Limited Liability Company
My Commission Expires: �21Q21,2q j 1
(SEAL)
D.
�`�,a
ary Public
03:59:04 PM
P, e- t 2 O r Fz SZReoo dee0 P T o 1.0 ®Y. Co
®III N poinkly'NAN iu'4hv4V01 K91Ak ®III I
My Commission Expires 02/2812011
EXHIBIT A
DRAINAGE EASEMENT
An easement for Drainage purposes through a portion of the NE 1 /4 of the NW 1 /4 of
Section 22, Township 20 South, Range 65 West of the 6 P.M. in the County of Pueblo
and State of Colorado, and being more particularly described as follows:
Considering the North line of the NE 1 /4 of the NW 1 /4 of Section 22, Township 20 South,
Range 65 West of the 6 P.M. to bear N. 88 0 44'03" E. and all bearing contained herein
being relative thereto.
Beginning at a point from which the NE corner of the NE 1 /4 of the NW 1 /4 of Section 22
bears N. 88 0 44'03" E., a distance of 32.29 feet said point also being on the Northerly
right -of -way line of 31 Street as presently located in Park West Business Campus,
Filing No. 5 as filed for record in the Pueblo County records; thence Southwesterly
along the Northerly right -of -way line of said 31 Street along the arc of a curve to the
left whose radius is 780.00 feet and whose center bears S. 30 0 37'04" E., a distance of
126.79 feet; thence S. 50 0 04'08" W. continuing Southwesterly along the Northerly
right -of -way line of said 31 Street, a distance of 100.00 feet; thence N. 01 0 15'57" W.,
a distance of 133.31 feet to a point on the North line of the NE t/4 of the NW 1 /4 of said
Section 22; thence N. 88 0 44'03" E., along the North line of the NE 1 /4 of the NW 1 /4 of
said Section 22, a distance of 183.07 feet to the Point of Beginning.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 Street
Pueblo, Colorado 81003
June 8, 2007
JN 99 045 22
Page 1 of 2
176 EASE 03/08/2008 03:89:04 PM
Gi ClarklReoorder0 Pueblo County, Co
®III �JP1�1� d1�4C1 �> R�wlliP 11V O�Ol Il & 11111
✓ r
LEGENB:
P.O.B. POINT OF BEGINNING
D. E. DRAINAGE EASEMENT
SCALE: 1" = 100'
0 50' 100' 200'
___ BASIS OF
i- 11 f hii i
I 11__11 Yl� Yl_ll -
SJO37'04 " E
� P.O.B.
N88 44 03� _ 1 0T
� SECTION 15
1� 9n a : T iti +iii + i1,i tii 'il i;il'I
32 2 9'Y SEC770N 22
NW CORNER OF i �t it j(i!�� i�i i �' i i #, �NE CORNER OF NE 114
NE 114 OF THE NW 114 a ty 101 ,)�� a; %, i ��$,.�$ 9 / I OF THE NW 114
OF SECTION 22
g ! 3 fi i +'{ 4 + a I' 4 R.O $�
OF SECTION 22
2 112" ALUM. CAP LS 12697 ^ $ y i �Cij� � '� `' h V '' / I 3 112" BRASS CAP
'��Ii +� +'" (DEPT. OF INTERIOR)
—� ^ lq
—\ h-/K 1A1 I— 1 r kt D O 4
41 A < }/ ii - -�_ \ —✓ iii — I7 �l/ -
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/ \ I - r I r 4 I A 00 ;—
/ 1I 11%/1 1%11 I -•
R / \
E 1768313 EASE 05/08/2008 03:59:04 PM
P Page: 4 of 4 R 21.00 0 0.00 T 21.00 cc
A BASIS OF BEARINGS.
R NORTH LINE OF THE NE 114 OF THE NW 114 OF
E SECTION 22, TOWNSHIP 20 SOUTH, RANGE 65
D WEST, 6TH P.M., BEARS N8844'03E A DISTANCE OF
B 1300.76 FEET.
Y. NORTH ENGINEERING AND SURVEYING, INC.
Gi erl Ortiz Clerk /Recorder: Puebla oun Y,
m ill �1 R�I�I��t� 'I16�YhNd1tit,W��11� + Yhi��rh ®i iii
NOTE
THIS EXHIBIT WAS NOT PREPARED AS A
MONUMENTED LAND SURVEY, AND WAS
ONLY PREPARED TO DEPICT THE
FAUL z .Ur z
Reception 1768314
05/08/2008
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this J1 day of J M UCXr �d� by
TC Pueblo, LLC, a Colorado Grantor, to PUEBLO, a Municipal Corp ration, Grantee:
Limited Liability Company
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 drainage
improvements in, through, over, under and across Grantors property situated in Pueblo County,
Colorado, commonly known as unplatted land and described as follows: (the
"Property")
See attached Exhibit "A"
TOGETHER WITH the right to enter upon the Property for the purposes of construction,
replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of
Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose
not inconsistent with the right and privilege above granted and which will not interfere with or endanger
any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in
no event include the right to locate or erect or cause to be located or erected on the Property any building
or any other structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the
Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and
peaceful possession of the Proprty and easement and right -of -way against all persons who may lawfully
claim title to the property.
"Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be
binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns
of the Grantor and Grantee.
SIGNED this 7 7 day of ,� _aQQ7
GRAN TOR
,y
By
Thomas C. Cone, Manager, TC Pueblo, LLC
COUNTY OF PUEBLO ) a Colorado Limited Liability Company
) ss.
STATE OF COLORADO)
The foregoing instrument was a cknowledged before me this : P7_7 day of
z A , _.24�V � 7 a � ,by Thomas C. Cone, Manager TC Pue blo, LLC,
a Colorado Limited Liability Company
Witn _ _ official seal.
(SEAL)
t1'�g A Notar ublic r
DPW 111 FOFC0IOP
02/06/02
My Commission Expires 02/2812011
1768314 EASE 05/08/2008 03:59:04 PM
Page: 2 of 3 R 16.00 0 0.00 T 16.00
Glfbert Ortiz Clerk /Recorder, Pueblo County, Co
EXHIBIT A
DRAINAGE EASEMENT
An easement for Drainage purposes through a portion of the NE 1 /4 of the NW 1 /4 of
Section 22, Township 20 South, Range 65 West of the 6 th P.M. in the County of Pueblo
and State of Colorado, and being more particularly described as follows:
Considering the North line of the NE 1 /4 of the NW 1 /4 of Section 22, Township 20 South,
Range 65 West of the 6th P.M. to bear N. 88 0 44'03" E. and all bearing contained herein
being relative thereto.
Beginning at a point from which the NW corner of the NE 1 /4 of the NW 1 /4 of Section 22
bears N. 23 0 27'01" W., a distance of 751.25 feet said point also being on the Southerly
right -of -way line of 31 Street as presently located in Park West Business Campus,
Filing No. 5 as filed for record in the Pueblo County records; thence N. 88 0 4051" E.,
along the Southerly right -of -way line of said 31 Street, a distance of 45.00 feet; thence
S. 62 0 17'34" W., a distance of 155.81 feet to a point on the Easterly line of a Drainage
Easement recorded at Reception No. 1555469; thence N. 10 0 14'58" W., along the
Easterly line of said Drainage Easement, a distance of 20.97 feet; thence N. 62
E., a distance of 109.21 feet to the Point of Beginning.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 th Street
Pueblo, Colorado 81003
June 7, 2007
JN 99 045 22
Page 1 of 2
9
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Caf t r 3 Clerk1 Reaord•r0 Pueblo l COU 6 n 6 tY. Co
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Reception 1768315
05/08/2008
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this _�21 day of ✓l r x002 , by
TC Pueblo, LLC, a Colorado Grantor, to PUEBLO, a Municipal Cor oration, Grantee:
Limited Liability Company
WITNESSETH:
THAT INCONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable
consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to
Grantee, its successors and assigns, an easement and right of way for the purpose of drainage
improvements in, through, over, under and across Grantor's property situated in Pueblo County,
Colorado, commonly known as unplatted land and described as follows: (the
"Property ")
See attached Exhibit "A"
TOGETHER WITH the right to enter upon the Property for the purposes of construction,
replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of
Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose
not inconsistent with the right and privilege above granted and which will not interfere with or endanger
any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in
no event include the right to locate or erect or cause to be located or erected on the Property any building
or any other structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the
Property and 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.
"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 a 7 day of
GRANTOIV
By:
Thomas C. Cone, Manag Pueblo, LLC
COUNTY OF PUEBLO ) a Colorado Limited Liability Company
ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this a7 day of
by Thomas C. Cone Manager TC Pue blo, LLC,
a Colorado Limited Liability Company
d and official seal.
expires: aL;ZR al
,rte Y - I'7t+ .0
Notary Pu c
My Commission Expires 02/2812011
1768315 EASE 05/08/2008 03:59:04 PM
Page: 2 of 3 R 16.00 D 0.00 T 16.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
1111 P��1N4�Ll�l'I L'tJI��N9NJk A Yk� �I III
EXHIBIT A
DRAINAGE EASEMENT
An easement for Drainage purposes through a portion of the NE 1 /4 of the NW 1 /4 of
Section 22, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo
and State of Colorado, and being more particularly described as follows:
Considering the North line of the NE 1 /4 of the NW 1 /4 of Section 22, Township 20 South,
Range 65 West of the 6 P.M. to bear N. 88 0 44'03" E. and all bearing contained herein
being relative thereto.
Beginning at a point from which the NW corner of the NE 1 /4 of the NW 1 /4 of Section 22
bears N. 15 0 3329" W., a distance of 718.58 feet said point also being on the Southerly
right -of -way line of 31s Street as presently located in Park West Business Campus,
Filing No. 5 as filed for record in the Pueblo County records; thence S. 01 E., a
distance of 10.00 feet to a point on the Northerly line of a Drainage Easement recorded
at Reception No. 1555469; thence S. 88 0 4051" W., along the Northerly line of said
Drainage Easement, a distance of 167.40 feet; thence N. 01 0 19'09" W., a distance of
10.00 feet to a point on the Southerly right -of -way line of said 31" Street; thence N.
88 0 40'51" E., along the Southerly right -of -way of said 31s Street, a distance of 167.40
feet to the Point of Beginning.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5th Street
Pueblo, Colorado 81003
June 8, 2007
IN 99 045 22
Page 1 of 2
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