HomeMy WebLinkAbout07989Reception 1834162
02/25/2010
ORDINANCE NO. 7989
AN ORDINANCE APPROVING THE PARK WEST
BUSINESS CAMPUS, FILING NO. 6 SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Park West Business Campus, Filing No. 6 Subdivision Plat
being a subdivision of land legally described as:
Lot 3 of Block 1, Park West Business Campus, Filing No. 5, City of
Pueblo, County of Pueblo, State of Colorado
is hereby approved, and all dedicated streets, utility and drainage easements, rights -of-
way and land set aside for public sites, parks and open spaces shown and dedicated on
said plat are hereby accepted for public use.
SECTION 2.
The Subdivision is approved with the following condition:
The sidewalk providing access to 31 Street from Lot 1 be a detached sidewalk in order
to provide safety for the residents.
SECTION 3.
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 4.
Neither the adoption of this Ordinance nor the requirements imposed hereby
shall create any duty or obligation of any person, firm, corporation or other entity with
regard to the enforcement or nonenforcement of this Ordinance or the City's Subdivision
Ordinances and regulations. No person, firm, corporation or other entity shall have any
private right of action, claim or demand against the City or its officers, employees or
agents, for any injury, damage or liability arising out of or in any way connected with the
adoption, enforcement, or nonenforcement of this Ordinance or the Subdivision
Ordinance and Regulations of the City, or the engineering, surveying, drainage
improvement or other work or improvements required thereby. Nothing in this
16 ORD 0212512616 61:12'.33 Ptl
P nl : t o f Cl a rk1 P eblo l Counnty, Co
®III V6111 A10WAIN M Gi ll W MM Ifi "tl
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 5.
This Ordinance shall be approved upon final passage but shall not become
effective until (a) all information, documents, drawings, profiles, and plat required by
Chapter 4 of Title XII of the Pueblo Municipal Code meeting and complying with the
subdivision requirements of the City with such modifications, if any, approved by City
Council, have been filed with and approved by the Director of Public Works, (b) the
conditions of Section 2 have been met and complied with, and (c) the final subdivision
plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such
filings and approvals have been deferred pursuant to Section 12 -4 -5 (B) (2) of the
Pueblo Municipal Code, and are not for any reason filed and approved within one (1)
year after final passage of this Ordinance, or within any extended period granted by
Resolution of the City Council, this Ordinance shall automatically be rescinded and
repealed thirty (30) days after written notice of such rescission and repeal is given to the
Subdivider. No vested rights shall accrue to the subdivision or be acquired until this
Ordinance becomes effective.
INTRODUCED: March 9, 2009
iii BY: Judy Weaver
COUNCIL PERSON
_:w ,� i l
' APPROVED_ V
,. PRESIDENT OF CITY COUNCIL
ATTESTED BY:
TY CLERK
PASSED AND APPROVED: March 23, 2009
WHO SRI
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 33
DATE: MARCH 9, 2009
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE APPROVING THE PARK WEST BUSINESS CAMPUS, FILING NO. 6
SUBDIVISION
ISSUE
Shall City Council approve a request to subdivide the 25.8167 -acres of land into three
lots and three parcels to facilitate development of an assisted living complex and
commercial businesses north of 31 st Street?
RECOMMENDATION
The Planning and Zoning Commission, at their February 11, 2009 Regular Meeting,
voted 7 -0 to recommend approval with the following condition:
The sidewalk providing access to 31 st Street from Lot 1 be a detached sidewalk in order
to provide safety for the residents.
BACKGROUND
The proposed subdivision is a resubdivision of Lot 3, Block 1, Park West Business
Campus Filing No. 5, which was recorded in 2006. The original subdivision was created
to facilitate commercial development along the eastern corridor of Pueblo Boulevard.
The applicant is proposing to subdivide 25.8167 -acres to facilitate development of an
assisted living complex. The subdivision consists of three lots, one for residential
purposes and two for future commercial uses. In addition to the lots, three parcels will
be created, all reserved for drainage purposes. Parcel A, which consists of the arroyo
located along the north- eastern boundary line of the subdivision will be dedicated to the
City of Pueblo and will be rezoned S -3, Flood Plain District. The other two parcels will
be reserved for drainage; however they will be privately owned and maintained.
Ownership and maintenance of Parcel B will be dedicated to the owner of Lot 3, Park
West Business Campus, Filing No. 6; ownership and maintenance for Parcel C will be
dedicated to the property owner of Lot 2, Block 1, Park West Business Campus, Filing
No. 2.
The proposed assisted living project, which will be located on Lot 1, consists of 66
assisted living units, 36 memory care beds, 96 independent living /congregate care units
and 6 cottages, which are built as single - family attached residences, with an attached
single -car garage for each unit. The development site will include 6 cottage units (3
duplexes) and one multi -story building to house the assisted living, memory care and
private apartment units.
FINANCIAL IMPACT
None.
Reception 1834165
02/25/2010
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on 7'eklZURLnZ /6 , o20 , between the
CITY OF PUEBLO, a Municipal Corporation (" ' y "), and OWANZO, LLC, a Colorado
limited liability company and CHH, LLC, a Colorado limited liability company
( "Subdivider ").
RECITALS
WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land
located in the City and legally described in attached Exhibit "A"; and
WHEREAS, the Subdivider, as a condition of approval of the final plat of
Park West Business Cam us Filing No. 6
( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by
Chapter 4, Title XII of the Pueblo Municipal Code; and
WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code
to construct and install public improvements described and set forth in Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by City Council
( "Required Public Improvements "); and
WHEREAS, the Required Public Improvements are generally described in the attached
Exhibit "B" and shown on approved construction plans and documents on file in the office of the
City's Director of Public Works ( "Plans and Documents ").
WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is
obligated to provide security or collateral sufficient in the judgement of the Director of Public
Works to make reasonable provisions to construct and complete the Required Public
Improvements.
NOW, THEREFORE, in consideration of the foregoing and the following mutual
covenants and agreements, the City and Subdivider agree as follows:
1. Subdivider agrees within one hundred and eighty (180) days after applying for a
building permit to construct any building or structure on any building site within the
Subdivision, or upon the issuance of a certificate of occupancy for any such building
or structure, whichever occurs first, to construct and install at its sole cost all of the
Required Public Improvements.
2. In lieu of installing the Required Public Improvements within the time period
prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any
portion thereof shall deposit cash or other collateral with the City Director of Finance,
or with any bank or trust company licensed in the State of Colorado, subject to an
escrow agreement approved by the City Attorney. The holder of such cash or
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collateral shall pay all or any portion thereof to the City upon demand after the time
to complete all Required Public Improvements by Subdivider or subsequent owner
expires. Such deposit or escrow agreement shall be referred to as the "deposit".
The amount of the deposit shall be computed by the City's Director of Public Works
by estimating the total cost of all uncompleted Required Public Improvements within
the block at the time application for building permit is made. The amount of the
deposit required by this alternative shall not be less than 25% of such estimate plus
the cost of extending all required sewer and water lines from nearest existing sewer
and water lines to the proposed building site for which a building permit is sought,
plus the costs of extending curb, gutter, sidewalk and paving from the edge of the
Subdivision or existing improvements of a like nature, whichever is closer to the
proposed building site. In any case where the block, as later defined, exceeds one
thousand (1000') feet in length between intersecting streets, the estimate of the City
Director of Public Works under this paragraph 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.
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.
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
® III1A ,1 140IN'�6 ®����
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 complete
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
Works, Subdivider and the subdivided land shall remain liable and responsible for all
Required Public Improvements.
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Gilbert Ortiz Clerk /Reoorder. Pueblo County. Co
®III KIDWIVIA 147.1 VIC149AN 11111
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 Iand 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
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
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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 Council and interpreted as of the date the Required Public Improvements
are constructed and installed shall control.
(c) If Chapter 4 of Title XII and /or the standards and specifications approved by
the City Council are modified or amended to conform with the requirements
of federal or state law, rules or regulations prior to the construction and
installation of the Required Improvements, they shall control as so modified
and amended.
15. Except for 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.
16. All Required Public Improvements shall be constructed and installed in compliance
with all applicable standards and specifications approved by City Council.
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Gilbert 0rtiz Clerk /Recorder, Pueblo County, Cc
® �11K�'V1NMW"KHMO¢M 110" i 11111
17. The parties agree this Agreement may be periodically amended by mutual consent
provided such amendment is in writing and signed by all parties.
18. This Agreement shall extend to and be binding upon the successors and assigns of the
City and upon the heirs, successors, assigns and legal representatives of Subdivider,
and shall be recorded in the office of the County Clerk and Recorder of Pueblo
County, Colorado, and shall constitute an agreement running with the land until
released as described above.
The parties have caused this Agreement to be executed and attested by its duly authorized
and acting officer.
11A
�* ( VIM IAtfY
(SEAL) * °
PUCL�C
n
_ GGl.Y
a'Y commisw'on expirzs 521.2011
OWANZO, LLC, a Colorado limited liability company
Subdivider
By: Outlook Development, LLC- a Colorado limited liability
company
As Mena
By
Thomas C. Cone, Manager
The foregoing instrument was acknowledged before me on /6
.20 10 , by Thomas C. Cone, as Manager of Outlook Development, fLC. a Colorado
limited liability company, as manager of OWANZO, LLC. a Colorado limited liability
company , Subdivider.
My commission expires: 5-al — ,, 2 0//
Notary Public l.20 l � / GI�MoNI ✓�
our4e6la , &0 �iooy
NOT ARY >� ,R* � CHH, LLC, a Colorado limited liability company
UBLIC Subdivider
(SEAL) i/ ` .� By: Outlook Development, LLC, a Colorado limited liability
company
My commis�on expires 521.2011 As: Mana
By:
Thomas C. Cone, Manager
The foregoing instrument was acknowledged before me on
.20 /0 by Thomas C. Cone, as Manager of Outlook I
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Gilbert Ortiz Clerk ;Recorder, Pueblo County, Co
�w +r�aINW541�r�ui ° ti� � ri��
limited liability company, as manager of CHH, LLC, a Colorado limited liability company
Subdivider.
My commission expires: $ - a- 1
r
A_
Y v
Notary Public /,;L v/ G /a,¢ �/��} f�✓�•
pm-Cb/o, Z&
CITY OF PUEBLO, a Municip Corporation
President of City Council
AT
City .1
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was
cbrar ,ZOI
President of Ci Council, and
Pueblo, Colorado.
before me this 2- day of
by -1=LW re ylce. W. AiPnc io ,as
j,+c ke v as City Clerk of the City of
Witness my hand and official seal.
expires: 0 1 - 712-011
(SEA
NOTARY
- - -4no—
PUBLIC
APPROVED AS TO FORM:
City Attorn
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EXHIBIT "A"
LAND DESCRIPTION
PARK WEST BUSINESS CAMPUS,
FILING NO. 6
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 15 AND THE NORTH HALF OF THE
NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF
THE SIXTH PRINCIPAL MERIDIAN.
THE BASIS OF BEARINGS IS N 88 0 42'57" E FROM THE SOUTHWEST CORNER OF
SAID SECTION 15, AS MONUMENTED BY A BRASS CAP STAMPED "BUR. OF LAND
MANAGEMENT ", A DISTANCE OF 1299.94 FEET ALONG THE SOUTH LINE OF SAID
SECTION 15 TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 15, AS MONUMENTED BY AN
ALUMINUM CAP STAMPED "LS 12933 ".
BEGINNING AT SAID SOUTHWEST CORNER OF SECTION 15;
THENCE THE FOLLOWING TWELVE (12) COURSES ALONG THE WESTERLY,
NORTHERLY, EASTERLY AND SOUTHERLY LINES OF LOT 3 OF BLOCK 1, OF PARK
WEST BUSINESS CAMPUS, FILING NO. 5, IN THE CITY OF PUEBLO, COUNTY OF
PUEBLO, STATE OF COLORADO:
1) N 01 °45'08" W ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 15 A DISTANCE OF 712.79 FEET;
2) S 40 A DISTANCE OF 290.56 FEET;
3) S 64 °55'48" E A DISTANCE OF 318.76 FEET;
4) S 56 °57'00" E A DISTANCE OF 266.09 FEET;
5) S 50 °27'21" E A DISTANCE OF 88.68 FEET;
6) S 00 °47'55" E A DISTANCE OF 138.37 FEET TO THE SOUTH LINE OF SAID
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15;
7) N 88 °42'57" E ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 15 A DISTANCE OF 550.46 FEET TO
THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 15;
8) S 01 °0142" E ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF
SAID NORTHWEST QUARTER OF SECTION 22 A DISTANCE OF 413.70 FEET;
9) S 62 °28'22" E A DISTANCE OF 164.88 FEET;
10) S 01 °19'09" E A DISTANCE OF 122.66 FEET TO THE NORTHERLY RIGHT -OF-
WAY LINE OF 31ST STREET AS SHOWN ON PARK WEST BUSINESS CAMPUS,
FILING NO. 5;
11) S 88 °40'51" W ALONG SAID NORTHERLY RIGHT -OF -WAY LINE A DISTANCE
OF 1450.34 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER OF
SECTION 22;
P:1 MwspucldocumentslDescriptions %PWBC Filing 6 Legal Description (120909).doc
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
12) N 00 °34'08" W ALONG SAID WEST LINE OF THE NORTHWEST QUARTER OF
SECTION 22 A DISTANCE OF 616.74 FEET TO THE POINT OF BEGINNING;
CONTAINING AN AREA OF 1,124,576 SQUARE FEET OR 25.8167 ACRES MORE OR
LESS.
Prepared By: Carroll and Lange — Manhard on December 9 2009
7442 South Tucson Way, Suite 190 -A
Centennial, CO 80112
303 - 708 -0500
P: \Mmpuc \documents \Descriptions\PWBC Filing 6 Legal Description (120909).doc
Page 2 of 2
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
PARK WEST BUSINESS CAMPUS, FILING NO. 6
DEVELOPER:
QWANZO, L.L.C., Thomas C. Cone, Gregory L.
Hahn and James R. Hadley
ENGINEER:
NORTHSTAR ENGINEERING AND SURVEYING,
INC.
ONSITE IMPROVEMENTS
Sanitary Sewer
8" Main
1216 LF @ $35.00 /LF =
$42,560
48" Diameter Manhole
5 EA @ $2,500.00 /EA =
$12,500
12' Wide Gravel Access Road
1035 SY @ $6.00 /SY
$6,210
water
Services (80' R -O -W)
1 EA @ $800.00 /EA =
$800
Drainaae
12' Wide Gravel Access Road
2452 SY @ $6.00 /SY =
$14,712
MISC. ONSITE IMPROVEMENTS SUBTOTAL $76,782
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
1111 Film PLC Allii 9MACM1 MANIC h 11111
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: PARK WEST BUSINESS CAMPUS, FILING NO. 6
DEVELOPER: QWANZO, L.L.C., Thomas C. Cone, Gregory L. Hahn and James R. Hadley
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
31ST STREET (OFFSITE)
Pavement
Pavement (1" Asphalt Overlay) 355 Ton @ $75.00 /Ton = $26,610
Pavement (3" Asphalt/10" Base) 1669 SY @ $22.00 /SY = $36,718
Concrete
Curb and Gutter (6" Std.)
2895 LF
@
$12.00 /LF =
$34,740
Handicap Ramp (4)
45 SF
@
$4.00 /SF =
$180
Tactile Band
4 EA
@
$350.00 /EA =
$1,400
Square Pan Radius
592 SF
@
$5.00 /SF =
$2,960
7" Concrete (Crosspan)
400 SF
@
$5.00 /SF =
$2,000
7" Concrete (Sidewalk)
72 SF
@
$5.00 /SF =
$360
4" Concrete (Sidewalk)
2928 SF
@
$3.00 /SF =
$8,784
Water
Relocate Fire Hydrant Assembly
3 EA
@
$500.00 /EA =
$1,500
Street Llahtr
4 EA
@
$1,450.00 /EA =
$5,800
Street Name Swans & Stop Swans
80' ROW - T- Intersection
1 EA
@
$325.00 /EA =
$325
31ST STREET (OFFSITE) SUBTOTAL $121,377
TOTAL PROJECT: $198,159
18 SUB AG 02/25/2010 01:12:33 PM
Gl lbert l Ortiz C erkRRecortler� Pu 60o Count 00 Co
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: PARK WEST BUSINESS CAMPUS, FILING NO. 6
DEVELOPER: QWANZO, L.L.C., Thomas C. Cone, Gregory L. Hahn and James R. Hadley
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
This is an estimate only. Actual construction costs may vary.
PREPARED BY: SLS
FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC.
The undersigned hereby certifies that (1) 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 prices shown hereon are the most current unit prices
providedbyt the City of Pueblo.
1834165 SUB AG 02/25/2010 01:12:33 PM
Page: 12 of 12 R 61.00 D 0.00 T 61.00
Gilbert Ortiz Clerkf Recorder, Pueblo County, q Co� y � ,
®IIII�' +P14�Y�l�I�PM�t�l�l�l Y9YrYf15iITY�RI�Y ®I III
{PE44L]';1 ,
Professional Engineer Date
„err
REVIEWED BY:
Director o ublic Works Wor — mate
1834165 SUB AG 02/25/2010 01:12:33 PM
Page: 12 of 12 R 61.00 D 0.00 T 61.00
Gilbert Ortiz Clerkf Recorder, Pueblo County, q Co� y � ,
®IIII�' +P14�Y�l�I�PM�t�l�l�l Y9YrYf15iITY�RI�Y ®I III
Reception 1834176
02/25/2010
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this — 16 -M day of , :Po /0 , by
CHH, LLC, a Colorado limited liability company Grantor, to Pueblo, dMunicipal 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 Pedestrian Services , 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 Sidewalk
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.
SIGNED this Jb* day of
CHH, LLC, a Colorado limited liability company
GRANTOR
By: Outlook Development, LLC, a Colorado limited liability
company
As: Mana er
By. r
Th mas C. Cone, Manager
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this /d 1 ' day of
wcia fz e 2010 by Thomas C. Cone, as Manager of Outlook
limited liability company .
Witness my hand and official seal.
My Commission Expires: S cZ / - cZ0 //
(SEAL)
Notary Public /ao G/�jyo�ll /r}✓F
f L ' V r Yt A v" V blD, Go 8 /o0
Mycommissicn expire; 5- 21 -2nil
1834176 EASE 02/25/2010 01:12:33 PM
Page: 2 of 4 R 21.00 0.00 T 21.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
®III 17, 14�iti��9C4 +� �NhV NUN 114®1111
1834176 EASE 02/25/2010 01:12:33 PM
Page: 3 of 4 R 21.00 D 0.00 T 21.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
1111 A?,6 WhIMIK16 ANJWr+ IMt 16Y 1114 11111
EXHIBIT A
PEDESTRIAN EASMENT
LAND DESCRIPTION
An easement for Pedestrian purposes located in a portion of Park West Business Campus, Filing
No. 6 in the County of Pueblo and State of Colorado, being more particularly described as
follows:
The Easterly 5 feet of Lot 2, Block 1 in Park West Business Campus Filing No. 6 according to
the recorded plat thereof as filed for record in the Pueblo County records.
1, David M. Stravia, being a licensed Land Surveyor in the State of Colorado, do hereby
that this land description and exhibit, being made a part hereof, were prepared unde r
responsible charge
/ e and are accurate to the best of my knowledge, information and belie
David M. Stravia A 9
Colorado P.L.S. 12933
NorthStar Engineering and Surveying, Inc.
December 21, 2009
JN 99 045 26
state
my
Page 1 of 2
i
i
\ 1 1 1 r \ 1 \
�T 1
SCALE: 1 = 100'
0 50' 100 200'
L�'G�'Nll
Q FOUND MONUMENT BOX KITH
3" BRASS CAP IN CONCRETE
(N.O.A.A.)
I
\ n l V I 1 - \ l I ♦ -\
{
I - 1
4 {,
1 .1
5' PEDESTRIAN
�l
R
E
P
A
R
E
D
Lt-
_.
1834176 EASE 02/25/2010 01:12:33 PM
Page: 4 of 4 R 21.00 D 0,00 T 21.00
Gilbert Ortiz ClerklRecorder. Pueblo County, Co
®III r IIr u liviff IAm m Ih1 Rum Mill 11111
B
Y- NORTIMA EN AND S URVEYING, INC.
fla
THIS WAS NOT PREPARED AS A
MONUM£NTED LAND SURVEY, AND WAS ONLY
PREPARED TO DEPICT THE ATTACHED LAND
DESCRIPTION.
JN 99 045 26 PAGE 2 OF 2
1
t
1-3
Ln
1 -3
.I.
1;l
V J
1
SCALE: 1 = 100'
0 50' 100 200'
L�'G�'Nll
Q FOUND MONUMENT BOX KITH
3" BRASS CAP IN CONCRETE
(N.O.A.A.)
I
\ n l V I 1 - \ l I ♦ -\
{
I - 1
4 {,
1 .1
5' PEDESTRIAN
�l
R
E
P
A
R
E
D
Lt-
_.
1834176 EASE 02/25/2010 01:12:33 PM
Page: 4 of 4 R 21.00 D 0,00 T 21.00
Gilbert Ortiz ClerklRecorder. Pueblo County, Co
®III r IIr u liviff IAm m Ih1 Rum Mill 11111
B
Y- NORTIMA EN AND S URVEYING, INC.
fla
THIS WAS NOT PREPARED AS A
MONUM£NTED LAND SURVEY, AND WAS ONLY
PREPARED TO DEPICT THE ATTACHED LAND
DESCRIPTION.
JN 99 045 26 PAGE 2 OF 2
Reception 1834177
02/25/2010
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this _ f� day of rz5hlWaAl , - 2 0/0 , by
CHH, LLC a Colorado limited liability company , Grantor, to PuebloA 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 Pedestrian Services , 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 Sidewalk
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.
SIGNED this day of f�bw,, ;Z 0/0
CHH, LLC, a Colorado limited liability company
GRANTOR
By: Outlook Development. LLC, a Colorado limited liability
company
As: Manaizey
By: '�-- ---- --
Thomas C. Cone, Manager
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this /6w day of
by Thomas C. Cone, as Manager of Outlook
limited liability company_ .
Witness my hand and official seal.
My Commission Expires:
(SEAL) Notary
f 60r4k Zo noay
NOTARY ,
�I txew=s o expires 5.21 -2011
/8334 of ASE 02/2 00 1:12:3 .00 - - - -- - -- -
Gilbert Ortiz ClerklRecorder, Pueblo County, Co
®IIIIrl IiiWINIV1141111'1 ®1III
2
EXHIBIT A
PEDESTRIAN EASMENT
LAND DESCRIPTION
An easement for Pedestrian purposes located in a portion of Park West Business Campus, Filing
No. 6 in the County of Pueblo and State of Colorado, being more particularly described as
follows:
The Westerly 5 feet of Lot 3, Block 1 in Park West Business Campus Filing No. 6 according to
the recorded plat thereof as filed for record in the Pueblo County records.
The internal easement line shall be lengthened to match the property line.
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.
Davld M. Stravia
Colorado P.L.S. 12933
NorthStar Engineering and Surveying, Inc.
December 21, 2009
JN 99 045 26
1834177 EASE 02/25/2010 01:12:33 PM
Page: 3 of 4 R 21.00 D 0.00 T 21.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
®III MIT amp MIYALICI'M M1 Phi Yl,AM "I 11111
Page 1 of 2
r
EXHI =IT A
I,
B
Y- NORTHSTAR ENGINEERING AN SU INC.
A 99 045 26
TH EXHIBIT WAS NOT PREPARED AS A
MONUMENTED LAND SURVEY. AND WAS ONLY
PREPARED TO DEPLCT THE ATTACHED LAND
DESCRIPTION.
O FOUND MONUMENT BOX NTH
J BRASS CAP IN CONCRETE
SCALE:
1 "
_
(N.O.A.A.)
= 100'
-- --
0 50'
100'
200'
I A V / /__ \_ /
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Ui
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MN
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_
5' PEDESTRIAN EASEMENT
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- -
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- -
P
A
I,
B
Y- NORTHSTAR ENGINEERING AN SU INC.
A 99 045 26
TH EXHIBIT WAS NOT PREPARED AS A
MONUMENTED LAND SURVEY. AND WAS ONLY
PREPARED TO DEPLCT THE ATTACHED LAND
DESCRIPTION.