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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 DPW 101 Dec. 2007 1834165 SUB AG 02/25/2010 01:12:33 PM Pa ge: 2 of 12 R 61.00 D 0.00 T 61.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc 1111Fri'i1Y�ti�� �h4��ChYl4�V'hMr:��h�� �� LM4 11111 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. DPW 101 Dec. 2007 1834165 SUB AG 02/25/2010 01:12:33 PM Page: 3 of 12 R 61.00 D 0.00 T 61.00 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. DPW 101 Dec. 2007 1834165 S116 AG 02/25/2010 01:12:33 PM Pagge: 4 of 12 R 61.00 D 0.00 T 61.00 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 DPW 101 Dec. 2007 1834165 SUB AG 02/25/2010 01:12:33 PM Page: 5 of 12 R 61.00 D 0.00 T 61.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc 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. DPW 101 Dec. 2007 1834165 SUB AG 02/25/2010 01:12:33 PM Pa 6 of 13 R 61.00 0 0.00 T 61.00 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 DPW 101 Dec. 2007 - - 1834165 SUB AG 02/25/2010 01:12:33 PM Page: 7 of 12 R 61.00 D 0.00 T 61.00 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 DPW 101 Dec. 2007 1834165 SUB AG 02/25/2010 01:12:33 PM Pa e: 8 of 12 R 61.00 D 0.00 T 61.00 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 Page 1 of 2 1839165 SUB AG 02/25/2010 01:12:33 PM Pa e: 9 of 1'! R 61.00 D 0.00 T 61.00 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 1834165 SUB AG 02/25/2010 01:12:33 PM Page: 10 of T2 R 61.00 D 0.00 T 61.00 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 / /__ \_ / jE Ui C) MN a3 -� _� •'° - - m od _ _ 5' PEDESTRIAN EASEMENT NNy STS. ct W Oi J l -- r/ 'A 'r I- ! t l lv!l - 1 r- n -•� [i I 11__11 V\.� Il�ll / VL_ // \_ d tia� r.� I C7 I R - (i_ ^,;fr:`%':.Y E- - - - - - - - - - - - - - - - - - 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.