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HomeMy WebLinkAbout07963Recption 1801544 04/09/2009 ORDINANCE NO. 7963 AN ORDINANCE APPROVING THE LAMAAK SUBDIVISION PLAT, SECOND FILING BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Lamaak Subdivision being a subdivision of land legally described as: Lot 4, Block 1, South Prairie Subdivision, Filing No. 2 filed for record at Book 1857, Page 709 and 710 in the Pueblo County records. Containing 1.24 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. INTRODUCED: January 12, 2009 BY: Randy Thurston �COUNCIL PERSON APPROVED: PRESIDENT OF CITY COUNCIL C��. ' CtTY CLERK PASSED AND APPROVED: January 26, 200 1801544 ORD 04/09/2009 02:34:25 PM Page: 2 of 2 R 11.00 0 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder Pueblo County, Cc mill 11% FYI VOICIfiL' 141 M MIME 10.104 11 II I Background Paper for Proposed ORDINANCE DATE: JANUARY 12, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AGENDA ITEM # q }, Lc w as k AN ORDINANCE APPROVING THE LAMAAK SUBDIVISION PLAT, SECOND FILING ISSUE Shall City Council approve a request to resubdivide 1.42 acres currently included in the South Prairie Subdivision Filing #2, into two lots to allow two businesses to operate independently? RECOMMENDATION The Planning and Zoning Commission, at their December 12, 2007 regular meeting, voted 6 -0 to recommend approval. BACKGROUND The proposed Lamaak Subdivision consists of 1.42 acres and is currently included in the South Prairie Subdivision Filing #2. The property lies just south of Pueblo Boulevard and west of Broadmoor Avenue. Development of the subdivision is complete and no new development is proposed. The applicant wishes to separate the current property into two lots to allow the two businesses to operate completely independently of each other. FINANCIAL IMPACT None. Recption 1801546 04/09/2009 SUBDIVISION IMPROVEMENTS AGREEMENT (Alternative 5) THIS AGREEMENT is made on J AN 2 4 2009 between the CITY OF PUEBLO, a Municipal Corporation ( "City"), and Roger Lamaak ( "Subdivider "). RECITALS WHEREAS, Subdivider has subdivided or is about to subdivide a certaintract 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 Lamaak Subdivision ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Section 12- 4- 70)(1)(f) 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 show on approved construction plans and documents on file in the office of the City's Director of Public Works ( "Plans and Documents "). WHEREAS, by Section 12- 4- 70)(1)(1) of the Pueblo Municipal Code, Subdivider is obligated to deposit with the Director of Finance an irrevocable letter of credit approved by the City Attorney and issued by a bank or other qualified institution authorized to do business in the state of Colorado in a stated amount equal to the cost of constructing the Required Public Improvements as estimated by the Director of Public Works ( "Letter of Credit "). NOW, THEREFORE, in consideration of the foregoing and the following mutual covenants and agreements, the City and Subdivider agree as follows: Subdivider agrees to construct and install at its sole cost and expense all of the Required Public Improvements within eighteen (18) months from date hereof. 2. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements 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. All remedies provided for in this agreement are cumulative and 1801545 SUBD_AG 04/09/2009 02:34:25 PM Page: 2 of 8 R 41.00 D 0.00 T 41.00 Gilbert Ort12 ClerklRecorder, Pueblo County, Co ®Ili Sri' +PW P4110:114'li1 Vi NNAKFIMM 11111 the use of one shall not prohibit the use of another. 3. 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 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 3 and the restriction on the issuance of building permits contained in Paragraph 2 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. 4. Approval of the 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. 5. The required time to complete all Required Pubhe Improvements by Subdivider shall be eighteen (18) months from the date hereof. 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 to be released. If all Required Public Improvements are not completed within the required time, the City Director of Public Works shall draw on the Letter of Credit an amount equal to the cost to then construct and complete the required Public Improvements, The amount drawn on the Letter of Credit shall be used to complete 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. 6. 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, -2- 1801546 SUBD AG 04/09/2009 02:34:25 PM Page: 3 of 8 R 41.00 D 0.00 T 41.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®III I 'i W199 *W OIL 11111 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 b e 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. 7. 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. S. 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 Crty 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. 9. 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 described or to include, for any reason, any Required Public Improvement described and set forth in Chapter 4, Title X11 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 XH of the Pueblo Municipal Code. 10. Except for Omitted Public Improvements, latent defects in construction, design or work, and guarantee required by Section 12- 4- 70)(9)(a) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to extend any obligation of the -3- 1801546 SUBD AG 04/09/2009 02:34:25 PM Page: 4 of 8 R 41.00 D 0.00 T 41.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ®iii Ill FYI Ali, 114ru11116101 Vil VIIIANIF11441014 11111 Subdivider beyond the date of written approval and acceptance by the Director of Public Works of the Required Public Improvements described in attached Exhibit « 11. All Required Public Improvements shall be constructed and installed in compliance with all applicable standards and specifications approved by City Council. 12. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. 13. 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 herein provided. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. (SEAL] Roger Lamaak S ider By +q vt Roger Lamaak By The foregoing instrument was acknowledged before me on 1 2A) X00 9 , by iger Lamaak , Subdivider, My commission ATTEST: City � S Notary Public C I - r 40 Pdr-b /o, 60 8100y CITY / / OF F PUEBLO, a Municipal Corporation // V L-- ♦ President of City Council 1801546 SUBD_RG 04/09/2009 02:34:25 PR Page: 5 of 8 R 41.00 D 0.00 T 41.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ®III W 21i41NW I65' 4 iLW WMI GMWO II EXHIBIT A SUBDIVISION LAND DESCRIPTION Lot 4, Block 1, South Prairie Subdivision, Filing No. 2 filed for record at Book 1857, Page 709 and 710 in the Pueblo County records. Containing 1.24 acres, more or less. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, Colorado 81003 December 27, 2007 JN 07 032 00 Page 1 of 1 1801546 SUBD_RG 04/09/2009 02:34:25 PM Gl0glbert C1erkf Reoorder Pueblo County, Co mill K11 'Ili 1Pd AN1 iWtiG N11NION6 ®1111 SUBDIVISION NAME: DEVELOPER: ENGINEER: Broadmoor Avenue Streets Curb and Gutter (6" Std.) Concrete 6" Concrete Sanitary Sewer Service Lines - 60' ROW Water Service Lines - 60' ROW SUBDMSION IMPROVEMENTS AGREEMENT EXHIBIT "B" LAMAAK SUBDIVISION ROGERLAMAAK NORTHSTAR ENGINEERING AND SURVEYING, INC. 110 LF @ 1142 SF @ $12.00 /LF = $1,320 $4.00 /SF = $4,568 1 EA @ $1,200.00 /EA = 1 EA @ $600.00 /EA = $1,200 $600 1 EA @ $1,450.00 /EA $1,450 TOTAL $9,138 This is an estimate only. Actual construction costs may vary. PREPARED BY: MSW FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC. 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 the City of Pueblo. Professional Engineer Date REVIEWED BY: REVIEWED BY: Illlliy f�A�l En g(p6ering D ivision d 41) . /, f1 ",ftk 1 �. a Waste ter De artment Trans rtation Division Board of Water WorFs Late rKTE Dl TeR PVgLIC Yd0¢KS 1801546 SUBD AG 04/09/2009 02:34:25 PM Page: 8 of 8 — R 41.00 D 0.00 T 41.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc Bill rIM11 1WA1 411III 1 Recption 1801547 04/09/2009 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this q� day of 1A uu a¢r ZC�O q b er Lamaak , Grantor, to Pueblo, a Municipal Corporation, Grantee: y 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 ingress and egress , 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 not applicable (improved surface already exists) 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. �18 EASE 04/09/2009 02:34:25 PM Gilbert of l Orrtiz Clerk der, Pueblo Cc mill W16 F711 * 01111 DPW Ilo 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 n — /ytj,- xA4—'Y _X1104 G • Roger Lamaak By Roger amaak COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) The foregoing instrument was acknowledged before me this �-9�' .�a.JUr1Lc/ ;Z�q b Roger Lamaak Witness my hand and official seal. My Commission Expires (SEAL) fly cGmais' c;.Cti:irCs5.212011 N ary Public 1 ang' A✓C P&Vy�w/o, 60 F /00 day of 1801547 EASE 04/09/2009 02:34:25 PM Page: 2 of 4 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk /Retarder, Pueblo County, Cc N111 W h 11111 1801547 EASE 04/09/2009 02:34:25 PM P, e- 3 of 4 R 21.00 D 0.00 T 21.00 Gi%Irt Ortiz Clerk /Recorder Pueblo County.. Co ■III I 'ia� P.h1lI 'I A W%W PY4,vile M ®1111 EXHIBIT A INGRESS AND EGRESS EASEMENT LAND DESCRIPTION An easement for Ingress and Egress purposes being 24 feet in width through a portion of Lamaak Subdivision located in a portion of the SW '/4 of Section 14, Township 21 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado, being 12 feet on each side of the following described centerline: Considering the South line of Lot 1, Block 1 in Lamaak Subdivision to bear N. 88'55'11 " E. and all bearings contained herein being relative thereto. Commencing at the Southeast corner of Lot 1, Block 1 in Lamaak Subdivision according to the recorded plat thereof as filed for record in the Pueblo County records said point also being on the Westerly right -of -way line of Broadmoor Road and presently located; thence N. 18 °12'41" E., along the Westerly right -of -way line of said Broadmoor Road, a distance of 38.31 feet to the Point of Beginning; thence N. 50 °1 l' 13" W., a distance of 58.48 feet; thence N. 17 °09'37" W., a distance of 31.23 feet; thence N. 18 °46'05" E., a distance of 37.83 feet; thence N. 43 °16'28" E, a distance of 37.06 feet; thence N. 59 °51'56" E., a distance of 85.82 feet to a point on the Westerly right -of -way line of said Broadmoor Road and the Point of Terminus. I, David M. Stravia, being a licensed Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. 0 a, Davifl M. Stravia Colorado P.L.S. 12933 NORTHSTAR ENGINEERING AND SURVEYING, March 17, 2009 JN 07 032 00 Page 1 of 2 A \_ l 11i ` m ~ AJ 0 m �m A m - Ip Om\ r'2 °mm mow r - m m m.. �Q w tiA O �YN O N �O I SCALE: 1" = 50' 0 25' 50' 100' C � LE'G�'NIJ P.O.C. POINT OF COMMENCEMENT IR !� � - � -I I � k• - l N1872'41 E ;\ 36.31' r �, P. /O. C. P.O.B. POINT OF BEGINNING P.O.T. POINT OF TERMINUS 0 FOUND NO. 4 REBAR WITH YELLOW PLASTIC A ^ 12933 FOUND NO. 4 B i i l ii l - I V1._/I I 0 PLASTIC CAP - L.S. Y- NORTMAR ENGINEERING AND SURVEYING, INC. N1872'41 E ;\ 36.31' r �, P. /O. C. P.O.B. POINT OF BEGINNING P.O.T. POINT OF TERMINUS 0 FOUND NO. 4 REBAR WITH YELLOW PLASTIC CAP - L.S. 12933 FOUND NO. 4 REBAR WITH RED 0 PLASTIC CAP - L.S. 12933 (1' OFFSET EAST OF TRUE CORNER) NOTE THIS EXHIBIT WAS NOT PREPARED AS A If MONUMENTED LAND SURVEY, AND WAS ONLY PREPARED TO DEPICT THE ATTACHED LAND DESCRIPTION. Recption 1801548 04/09/2009 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this ZQ rl+ dayof 'JAev -r Zeog b Roger Lamaak , Grantor, to Pueblo, a Municipal Corporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of drainage in, through, over, under and across Grantors property situated in Pueblo County, Colorado described in the attached Exhibit "A" (the Property). Grantor shall install not applicable (turf area for water quality already exists) 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. "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. SIGNEDthis 29 dayof �govuA(z-Y' , a oOq GRANTOR: Roger Lamaak By �A o- A Roger Lamaak COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) The foregoing instrument was acknowledged before me this - - '7 day of by - R og er Lamaak Witness my hand and official seal. My Commission Expires: $ oZ / a // (SEAL) P� Notary Public &X4o G/d/1Syy0+� �°� ✓ 1801548 EASE 04/09/2009 02:34:25 PM Page: 2 of 4 R 21.00 D 0.00 T 21.00 Oi rbert Ortiz Clerk /Reoarder, Pueblo County, Co �'Ycoro ;;sicn expir ^s 5- 1 -2M ■III K Pr, hAIA'MA M MM Vir liN h 11111 1801548 EASE 04/09/2009 02:34:25 PM Pa e: 3 of 4 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pue410 County, Co ®III M11 NIM.WN Nr4Lr444 tODA M1111 III EXHIBIT A DRAINAGE EASEMENT LAND DESCRIPTION An easement for Drainage purposes through a portion of Lamaak Subdivision located in a portion of the SW '/d of Section -14, Township 21 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 South line of Lot 1, Block 1 in Lamaak Subdivision to bear N. 88 °55' 11" E. and all bearings contained herein being relative thereto. Commencing at the Southeast corner of Lot 1, Block 1 in Lamaak Subdivision according to the recorded plat thereof as filed for record in the Pueblo County records said point also being on the Westerly right -of -way line of Broadmoor Road as presently located; thence N. 03 °55'49" E., a distance of 81.08 feet to the Point of Beginning; thence N. 28 °34'00" W., a distance of 32.56 feet; thence N. 32 °56'31" E., a distance of 24.15 feet; thence N. 45 °23'36" E., a distance of 38.50 feet; thence S. 18 °12'41" W., a distance of 79.90 feet to the Point of Beginning. I, David M. Stravia, being a licensed Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. David M. Stravia Colorado P.L.S. 12933 NORTHSTAR ENGINEERING AND SURVEYING, IN March 17, 2009 IN 07 032 00 Page 1 of 2 N4573'36 'E 38.50' N32 56'31 E 24.15' N28 34'00 'W 32.56' P. O.B. NO335'4 E) �J 81.08' ' >1--� I P R— N8855' 11"E '''(BASIS OF BEARINGS)''''' mm E o A Fes/ Z N av R - 1 m,yB � Y a —a Y B 6) Y NORTHSTAR ENGDaRONiG AND SURVEYING, INC. O 0 ma QyA _ 0 O Q!m3 � a• N4573'36 'E 38.50' N32 56'31 E 24.15' N28 34'00 'W 32.56' P. O.B. NO335'4 E) �J 81.08' ' >1--� I P R— N8855' 11"E '''(BASIS OF BEARINGS)''''' E A A R I 11 y I \lI l \lI I - I , B Y NORTHSTAR ENGDaRONiG AND SURVEYING, INC. _ SCALE: 1 " = 50' / 0 25' 50' 100' �i i LE'GE'ND P.O.C. POINT OF COMMENCEMENT ' - .', %•:; „ -, P.O.B. POINT OF BEGINNING 0 FOUND NO. 4 REBAR WITH YELLOW PLASTIC CAP - L.S. 12933 FOUND NO. 4 REBAR WITH RED / \ 0 PLASTIC CAP - L.S. 12933 (1' P. 0m C OFFSET EAST OF TRUE CORNER) / NOTE' / THIS EXHIBIT WAS NOT PREPARED AS A MONUMENTED LAND SURVEY, AND WAS ONLY PREPARED TO DEPICT THE ATTACHED LAND DESCRIPTION.