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HomeMy WebLinkAbout07991Reception 1821579 10/15/2009 10:16:23 AM Substituted Copy 03/23/09 ORDINANCE NO. 7991 AN ORDINANCE APPROVING THE VESTAS TOWERS AMERICA SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Vestas Towers America Subdivision Plat being a subdivision of land legally described as: A parcel of land located in a portion of the E '/ of Section 26, the NE % and the S 1 /2 of Section 35 and the S % of Section 36, Township 21 South, Range 65 West and a portion of Section 1 and Section 2, Township 22 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the South line of the SE '/4 of Section 1, Township 22 South, Range 65 West of the 6 P.M. to bear N. 89 °09'31" W. and all bearings contained herein being relative thereto. Commencing at the most Southerly comer of Minnequa Industrial Park, Second Filing according to the recorded plat thereof as filed for record at Reception No. 1481756 in the Pueblo County records said point also being on the Easterly right -of -way line of Colorado Interstate No. 25 as presently located and the Westerly right -of -way line of Greenhorn Drive; thence S. 03 °21'00" W., along the Westerly right -of -way line of said Colorado Interstate No. 25 a distance of 328.08 feet to the Point of Beginning; thence S. 86 °37'46" E., a distance of 1.81 feet; thence N. 24 °29'17" E., a distance of 216.83 feet; thence S. 03 °21'00" W., a distance of 2173.98 feet; thence Southeasterly along the arc of a curve to the left whose radius is 460.00 feet, a distance of 479.27 feet; thence S. 56 °20'46" E., a distance of 599.31 feet; thence Southerly along the arc of a curve to the right whose radius is 540.00 feet, a distance of 1047.20 feet; thence S. 54 °45'53" W., a distance of 814.28 feet; thence Southerly along the arc of a curve to the left whose radius is 460.00 feet; a distance of 412.79 feet; thence S. 03 °21'00" W., a distance of 985.49 feet; thence S. 89 °42'11" E., a distance of 2297.28 feet; thence S. 89 °46'47" E., a distance of 2978.63 feet to a point on the Westerly right -of -way line of the Burlington Northern & Santa Fe Railroad as presently located; thence S. 02 °28'44" W., along the Westerly right -of -way line of the said Burlington Northern & Santa Fe Railroad, a distance of 6118.17 feet to a point on the Northerly right -of -way line of Lime Road; thence along the Northerly right -of -way line of said Lime Road the following three (3) courses: 1. S. 85 °27'36" W., a distance of 730.32 feet; 2. N. 04 °32'24" W., a distance of 15.00 feet; 3. S. 85 °27'36" W., a distance of 100.00 feet; thence S. 04 °32'24" E., a distance of 140.00 feet to a point on the Southerly right -of -way line of Lime Road; thence Westerly along the Southerly right -of -way line of said Lime Road the following three (3) courses: 1. S. 85 °27'36° W., a distance of 600.00 feet; 2. N. 04 °32'24" W., a distance of 15.00 feet; 3. S. 85 °27'36" W., a distance of 4314.05 feet; thence N. 00 °15'11" E., a distance of 3980.86 feet; thence N. 89 °44'49" W., a distance of 179.38 feet to a point on the Easterly right -of -way line of Colorado Interstate No. 25 as presently located; thence Northerly along the Easterly right -of -way line of said Colorado Interstate No. 25, the following three (3) courses: 1. N. 27 °53'00" E., a distance of 231.18 feet; 2. Northerly along the arc of a curve to the left whose radius is 5892.00 feet, a distance of 2522.88 feet; 3. N. 03 °21'00" E., a distance of 1093.49 feet; thence Northeasterly along the arc of a curve to the right whose radius is 540.00 feet, a distance of 484.57 feet; thence N. 54 °45'53" E., a distance of 814.28 feet; thence Northerly along the arc of a curve to the left whose radius is 460.00 feet, a distance of 892.06 feet; thence N. 56 °20'46" W., a distance of 599.31 feet; thence Northerly along the arc of a curve to the right whose radius is 540.00 feet, a distance of 562.62 feet to a point on the Easterly right -of -way line of said Colorado Interstate No. 25; thence N. 03 °21'00" E., along the Easterly right -of -way line of said Colorado Interstate No. 25, a distance of 1971.74 feet to the Point of Beginning. Containing 854.10 acres, more or Tess. 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 Govemmental 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. Substituted Copy 03/23/09 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 (I) 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. SECTION 5. The Vestas Towers America Subdivision approved by this Ordinance together with any and all information, documents, drawings, profiles and plats required by Chapter 4 of Title XII of the Pueblo Municipal Code and approved by the Director of Public Works constitutes and meets the requirements of the Master Development Plan described in Annexation Agreement, Case No. A- 08-09, Vestas Towers America. SECTION 6. Upon the effective date of this Ordinance, Vestas Towers America Subdivision shall constitute a site specific development plan creating vested property rights described in Section 17 -12 -2 of the Pueblo Municipal Code. The notice and public hearing required by Section 17 -12- 3 of the Pueblo Municipal Code are hereby waived. INTRODUCED May 24, 2010 BY Judv Weaver/Councilperson APPROVED: Vera Ortegon/President City Council ATTESTED BY: Gina Dutcher/City Clerk PASSED AND APPROVED: March 23, 2009 PMEN Background Paper for Proposed ORDINANCE AGENDA ITEM # 35 DATE: MARCH 9, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE VESTAS TOWERS AMERICA SUBDIVISION ISSUE Shall City Council approve a request to subdivide 854.10 -acres to facilitate development of the Vestas Towers America, wind turbine tower manufacturing plant? The Planning and Zoning Commission, at their February 11, 2009 Regular Meeting, voted 6 -0 -1 to recommend approval. BACKGROUND The applicants are proposing to subdivide 854.10 -acres to facilitate development of the Vestas Towers America, wind turbine tower manufacturing plant. The project site was annexed into the City on October 14, 2008 and will be developed in two phases. According to the Annexation Agreement Master Development Plan, "Phase 1" will consist of the construction of a wind turbine tower manufacturing facility and will be zoned for industrial uses. "Phase 2" will be reserved for agricultural uses, under the City's A -1 Zone District, until new development is proposed or expansion of the turbine tower plat is necessary. An Overall Development Plan is not required prior to subdivision because the entire annexation tract is being subdivided at one time. The proposed subdivision includes Greenhorn Drive commencing at the southern tip of the Minnequa Industrial Park, Filing No. 3 Subdivision and terminating at the southern boundary of the Vestas annexation site and Lime Road, which runs east to west along the southern annexation boundary. The land will be subdivided into two lots, Lot 1 306.46 -acres and Lot 2. 504.60 Acres. FINANCIAL IMPACT None. Reception 1821581 10/15/2009 10:16:23 AM Page: 1 of 15 R 76.00 D 0.00 T 76.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co III 1 % P i �� �� ��� �a l 1 111 VESTAS TOWERS AMERICA SUBDIVISION MROVEMENTS AGREEMENT THIS AGREEMENT is made on OGTOgEQ ( , 2009 , between the CITY OF PUEBLO, a Municipal Corporation ( "City"), and Vestas Towers America, Inc., a Delaware corporation ( "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"; (the "Property ") and WHEREAS, the Subdivider, as a condition of approval of the final plat of the Property for development in phases pursuant to the Annexation Agreement Case No. A -08 -09 (the "Annexation Agreement ") between City and Subdivider dated October 14, 2008 ( "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 i n 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 DPW 101 Deo. 2007 escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit ". The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the cost of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer to the proposed building site. In any case where the block, as later defined, exceeds one thousand (1000') feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph 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. 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. DPW 101 May 2009 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought, have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and the restriction on the issuance of building permits contained in Paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors, and assigns of the Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks, and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights -of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to compete the same. If insufficient monies are available at the end of the required time to 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 DPW 101 May 2009 Works, Subdivider and the subdivided land shall remain liable and responsible for all Required Public Improvements. 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots and shall include the full width of all streets upon which such lots abut. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage facilities, stormwater detention facilities, or maintenance and restoration of adjacent drainage channels, and/or associated improvements and revegetation (the "facilities "), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefore approved by, and on file with the City, and thereafter, the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right (but not the obligation) to inspect, control, repair, replace and maintain the facilities and to recover all costs and expenses therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain, or replace the facilities shall not subject the City to any liability for such failure. 12. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear, the holder of such indebtedness or encumbrance shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions. 13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation arising out of this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. Venue for any such litigation shall be Pueblo County, Colorado. 14. City and Subdivider have attempted by the attached Exhibit `B" and Plans and Documents to describe all Required Public Improvements to be constructed and DPW 101 May 2009 installed by Subdivider with respect to the Subdivision. However, if the attached Exhibit `B" and Plans and Documents fail to describe or to include, for any reason, any Required Public Improvement described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ( "Omitted Public Improvement"), Subdivider shall not be released or discharged from Subdivider's obligation to construct and install the Omitted Public Improvement in the time and manner contained in this Agreement and Chapter 4, Title XII of the Pueblo Municipal Code. In order to determine whether or not there are Omitted Public Improvements, the following shall be applicable: (a) If the Required Public Improvements are constructed and installed within ten (10) years from the date hereof, or within a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Council and interpreted as of the date hereof shall control, unless adherence to a more recent standard does not require significant engineering modifications or major revisions to the plans and documents. For the purposes of this subsection, a major revision is defined as, but not necessarily limited to the relocation or re- alignment of any curb and gutter, sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or type of sewer mains, inlets, curb and gutter or sidewalk. (b) If the Required Public Improvements are constructed and installed after ten (10) years from the date hereof, or after a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Coucil and interpreted as of the date the Required Public Improvements are constructed and installed shall control. (c) If Chapter 4 of Title XII and /or the standards and specifications approved by the City Council are modified or amended to conform with the requirements of federal or state law, rules or regulations prior to the construction and installation of the Required Improvements, they shall control as so modified and amended. 15. Except for guarantee and obligation to correct defects required by Section 12-4 - 70)(9) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to extend any obligation of the Subdivider beyond the date of written approval and accepted by the Director of Public Works of the Required Public Improvements described in attached Exhibit `B ", provided, however that the obligation of the Developer to construct or install any Omitted Public Improvements will cease following two (2) years from the date of acceptance of the Required Public Improvements described in the attached Exhibit `B" by the Director of Public Works. DPW 101 May 2009 16. All Required Public Improvements shall be constructed and installed in compliance with all applicable standards and specifications approved by City Council. 17. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. 18. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an. agreement running with the land until released as described above. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. The foregoing instrument was 7-00 , by Hans Jespersen, My Notary Public CITY OF PUEljLO, a Municipal Corporation President of City STATE OF COLORADO COUNTY OF PUEBLO a The fore oing instrument was acknowledged before me this 1 �± day of �GID Pr 1-005 by Virzi Or4ec,o . as President of City Council, and 0 ri, . �c he r as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. DPW 101 May 2009 vledged before me on (JC(rJlW-r `1 ry of Vestas Towers America, Inc. , Subdivider. EXHIBITA LEGAL DESCRIP CONSIDERING THE SOUTH LINE OF THE SE 1/4 OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN TO BEAR N 88°38'07" W., AND ALL BEARINGS CONTAINED HEREIN ARE RELATIVE THERETO. ALL OF THE S 1/2 OF SECTION 35 LYING EAST OF THE INTERSTATE 25 RIGHT -OF- WAY LINE AS PRESENTLY LOCATED AND ALL OF THE S 1/2 OF SECTION 36 LYING WEST OF THE BURLINGTON NORTHERN & SANTA FE RAILROAD RIGHT -OF -WAY LINE AS PRESENTLY LOCATED IN TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN EYE f ALL OF SECTION I LYING WEST OF THE BURLINGTON NORTHERN & SANTA FE RAILROAD RIGHT -OF -WAY LINE AS PRESENTLY LOCATED AND LYING NORTH OF THE LIME ROAD RIGHT -OF -WAY LINE AS PRESENTLY LOCATED AND ALL OF SECTION 2 LYING EAST OF INTERSTATE 25 RIGHT -OF -WAY LINE AS PRESENTLY LOCATED AND LYING NORTH OF THE LIME ROAD RIGHT -OF -WAY LINE AS PRESENTLY LOCATED IN TOWNSHIP 22 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN EXCEPTING THEREFROM: A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 2, TOWNSHIP 22 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF INTERSTATE 25 AS PRESENTLY LOCATED AND THE NORTHERLY LINE OF SECTION 2, TOWNSHIP 22 SOUTH, RANGE 65 WEST; THENCE S 89 0 13'25 "E., ALONG THE NORTHERLY LINE OF SAID SECTION 2, A DISTANCE OF 179.38 FEET; THENCE S 00 °46'35" W., A DISTANCE OF 3870.47 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF LIME ROAD AS PRESENTLY LOCATED; THENCE ALONG THE NORTHERLY RIGHT -OF -WAY LINE OF LIME ROAD AND THE EASTERLY RIGHT -OF -WAY OF INTERSTATE 25 THE FOLLOWING SEVEN (7) COURSES: I. S 85 °59'00" W., A DISTANCE OF 841.59 FEET; 2, WESTERLY ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 795.00 FEET, A DISTANCE OF 658.09 FEET; 3 N. 50 W., A DISTANCE OF 152.46 FEET; 4. NORTHWESTERLY ALONG THE ARC OF A CURVE TO THE LEFT WHOSE A -1 RADIUS IS 2915.00 FEET AND WHOSE CENTER BEARS S 43 °17!24" W., A DISTANCE OF 60.01 FEET; 5. N. 33 °51'06" W., A DISTANCE OF 380.20 FEET; 6. N. 24 °46 13" E., A DISTANCE OF 106133 FEET; 7. N. 28 °2424" E., A DISTANCE OF 2613.00 FEET TO THE POINT OF BEGINNING. ALL IN THE COUNTY OF PUEBLO, STATE OF COLORADO A -2 Vestas Towers America SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDMSION NAME: Yentas Towers America DEVELOPER: Vestas Towers America, Inc. ENGINEER: Itemization of Required Public Improvements - See Exhibit s -1 (Use Unit Prices Approved by Public Works in Preparation of Exhibit "B') This is an estimate only. Actual construction costs may vary. PREPARED BY: 5 evt Ay IB✓" FIRM: No (k As xt2k5 1nC, The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the Subdivision by Chapter 4, Tide XU 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 (ii) the unit prices shown be on are the most current unit prices provided by the City of Pueblo. [P.E, SEAL ProfeWonal Engineer Date 35834 A /ONnt E� REVIEWED BY: Director of Public Works Date DPW mt Mq 2000 B 1821581 SUBD AG 10/15/2009 10:16:23 AM Pagge: 11 of 15 R 76.00 D 0.00 T 76.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co mill r,6 ,6M,IIJVW 05 WYANIIN ur, h ®iiii Vestas Towers America Subdivision Improvements Agreement Exhibit B -1 Required Public Improvements 1. Public Roadway to be known as Greenhorn Drive which is legally described on Exhibit C attached to this Subdivision Improvements Agreement and pursuant to Plans and Specifications prepared by Northstar Engineering and Surveying Inc. dated March 25, 2009, and approved by the Department of Public Works. In lieu of six (6) foot wide sidewalks on both sides of Greenhorn Drive Subdivider may construct a ten (10) foot wide pedestrian trail on either the east or west side of Greenhorn Drive. 2. Street lighting improvements for the lighting of Lime Road or Greenhorn Drive which shall be addressed when Subdivider requests building permits for the Agricultural Parcel as defined on the Addendum attached hereto. 3. Phase 2 Offsite Sanitary Sewer in the area shown on Exhibit D to this Subdivision Improvements Agreement and pursuant to the Plans and Specifications prepared by Nolte Associates, Inc. dated October 13, 2008 and approved by the Department of Public Works. The required Cost Estimates for items 1 and 3 are set forth on page 2 to this Exhibit B -1. B -1 -1 1821581 SUBD AG 10/15/2009 10:16:23 AM Pa e: 12 of 13 R 76.00 0 0.00 T 76.00 Gilbert Ortiz Clerk /Reoorder, Pueblo County, Co ®III rJ Puti i 'b1REW41rW W MWIVU14 11111 5x1%; 6'i-l- 13 -1 Vestas Towers America - Subdivision Improvements Agreement Public Improvements Cost Estimate 9/23/2009 No. item Units Quantity Unit Price Total Cost GREENHORN DRIVE' ROADWpY'(6640 1 $ 62,300.00 $62,300.00 SF 66,400 $ 3.40 $225,760.00 EACH i Gear and Grub, replace topsoil Sy 60,500 $ 0.50 $30,250.00 2 Embankment Material Import CY 2,900 $ 18.00 $52,200.00 3 Subgrade Preparation Sy 29,500 $ 1.15 $33,925.00 4 Hot Mix Asphalt TON 9,960 $ 62.00 $617,520.00 5 Road Base /Shoulders (cl 5) TON 20,915 $ 15.00 $313,725.00 6 204 LF 12'x4' RCBC Incl. headwalls, wingwalls, EACH 1 $ 151,700.00 $151,700.00 toewalls, pedestrian railing, riprap. 7 90 LF 8'x4' RCBC ind. headwalls, wingwalls, toewalls, pedestrian railing, riprap. 8 Concrete Sidewalk 10' wide, 4" thick 9 Erosion Bales 10 Silt Fence 11 Sediment Removal and Disposal 12 Concrete Washout Structure 13 Stabilized Construction Entrance 14 Seeding/Mulching 15 Pavement Marking 4" wide (white /yellow) 16 Traffic Control 17 Mobilization 1 12" PVC SDR35 pipe 2 4' I.D. Concrete Manhole 3 Traffic Control 4 Mobilization EACH 1 $ 62,300.00 $62,300.00 SF 66,400 $ 3.40 $225,760.00 EACH 40 $ 25.00 $1,000.00 LF 10,000 $ 1.50 $15,000.00 LS 1 $ 2,000.00 $2,000.00 EACH 1 $ 1,000.00 $1,000.00 EACH 2 $ 1,500.00 $3,000.00 ACRE 4 $ 3,000.00 $12,000.00 LF 26,560 $ 0.30 $7,968.00 LS 1 $ 20,000.00 $20,000.00 LS 1 $ 50,000.00 $50,000.00 ROADWAY SUBTOTAL $1,599,348.00 11 LF 6,582 $ 40.00 $263,280.00 EACH 19 $ 4,200.00 $79,800.00 LS 1 $ 10,000.00 $10,000.00 LS 1 $ 25,000.00 $25,000.00 SANITARY SEWER SUBTOTAL $37B ROADWAY + SANITARY SEWER TOTAL $1,977,428.00 6 -1 s'a5e- a- 1821581 SUBD AG 10/15/2009 10:16:23 AM Pac l0rtiiz Clerk/Recorder, der , Pueblo 6 o C ui00 lbert Cc Mill 'iP14aPu� h2�;1�4LPNaIr��N��r�hL14i+ IFWrIN "1 ®1111 Vestas Towers America Subdivision Improvements Agreement EXHIBIT C GREENHORN DRIVE DESCRIPTION A parcel of land located in aportion of the E 59 of Section 26 and the NE K of Section 35, Townsldp 22 South, Ranga 65 West of the a P.N1. in the County of Pueblo and State of Colorado being 80 feet in width. 40 feet on each side of the following described centerline: Considerhug a portion of the South line of NE '/4 of Section 35, Tog-whip 22, South, Range 65 West of the 0 P?vi to bear N. 89°10'47" W., and all bearings contained herein being relative thereto. Commencing at The most Southerly corner of Mionegoa Industrial Park, Second Filing according to pre worded plat thereof as filed for record at Reception NO, 1481756 in the Pueblo County records said point also being on the East right of- -way line of Colorado Interstate No. 25 as .presently located; thence N. 24°29'17" E., along the Easterly line of aidd Nl S 03gna indu 0"sW Perk, Second Filing a distance of 1 t091 feet to the Point of Beginning a distance of 2403.28 fat; thence Southeasterly along the arc of a curve to the left whose radium is 500.00 feet, a distance of 520.95 feet; thence S. 56°20'46" E " a distance of 599.31 feet; thence Southerly along the arc of a curve to the right whoa radius is 500.00 feet, a distance of 969.63 feet thence S. 54 045'53" W" a distance of 814.28 feet; thence Southerly along the arc of a curve to the left whose radms is 500.00 feet, a distance of 448.68 feet, thence S, 03 °21'00" W., a distance of 987.62 feet to a point on the East-West centcttine of Section 35 and the Point of Termimu. Ali wac mat right-of-way lines are to inrxease or decrease in IWO to join existing tigM•of -way and or Section line. Containing 12.38 acres, Inane of less 1, David M. Stravia, being a licensed land Surveyor in the State of Colorado, do hereby state that Buis land description and exhibit, being made a part hereof, were prepared under MY responsible charge and are accurate to the best of myknowledge, information and belief: C -I Vestas Towers America Subdivision Improvements Agreement EXHIBIT C , page 2 GREENHORN DRIVE c�xxamnxr� —� +� ' �r , P. Q.17. ! I I ( MINNELC: I ! FLUNG P� n N24201 -. E � �` IraSr• 1DaC. I eo + 5037r'00'W EA57 \ ZWS29' � �� wAY I � , I C V & 1 5rEEL LP ! MECEPTiON N17 99P. ~i Dv" 6 Ss9.JI' ` PI1E8 tl 5118:tRBAN s ' DEVELOP -ONTO LLC i4y5'5J'W ? 'W 11 E� R p rouW Na 6 new MrN 3 Ile a'A k AaoAWmW W 'n'E f/d p e ( Fww 4. nEw wrW rr+ ) r- a,uawr w= P sa4 can , ,tows SCALE I " = 1 000 A lrNSW e- PAWL s sma PM 0 500' 1000 2000' B P.0. PAD. PaWr AK NG C O W AW $ 4 PWYT OF pMelFM2'AfFNr p 1F1011B1f WAS eer VRFDMED rS YmA AM T Wra SVIAlY, .YfO WAS ONLY v . i¢vncm ro Pwcr n� ATilCM® wm r NS3R7MM MViMMM AM WJVMNT% W— oesemr wN. C -2 1821581 SUBD AG 10/15/2009 10:16:23 AM Page: 15 of 15 A 76.00 D 0.00 T 76.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ®III iP1�Pu1�hutG�PI PY1� 4�LIN 11VINURN 11111 Vestas Towers America Subdivision Improvements Agreement EXHIBIT D OFF -SITE SANITARY SEWER LOCATIONS FOR PHASE 2 z { �I ! A r � , f, 1 1 y C + .2 I $ / OFF BtTi VAT Bµ, �. AS VESTAS TOWERS USA PUEBLO StT6 N0. 6702 �..au • �.a• Y R nn.. � Ati.� lmR. MM MIfi gRMII[C: f@f W D -i Reception 1821582 10/15/2009 10:16:23 AM Vestas Towers America ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become apart of the yestas Towers America Subdivision Improvements Agreement for yestas Towers America, Inc. (herein the "Subdivision') and enforceable as provided in said Subdivision Improvements Agreement. 1. The Subdivider will develop the Subdivision in separate phases in the sequence described in the attached Exhibit "A ". 2. The Subdivider shall construct and install all Required Public Improvements in the manner and as described in the Subdivision Improvements Agreement needed and required to serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A ". 3. For purposes of determining the extent and timing of the Required Public Improvements, each Phase shall be considered as a separate subdivision. 4. After completion of all Required Public Improvements for any Phase and approval thereof by the Director of Public Works, the City will release the lots in that Phase from the Subdivision Improvements Agreement and this Addendum. 5. Any development of the Subdivision contrary to the phasing sequence set forth in paragraph 1 above without the prior written approval of the Director of Public Works ( "Director's shall constitute a breach of the Subdivision Improvements Agreement and this Addendum and City may thereafter refuse to approve the issuance of building permits for construction within the Subdivision. & No modifications to the phasing sequence set forth in the attached Exhibit "A" shall be approved by the Director until (a) Subdivider's engineer certifies in writing that the requested modifications will not result In any lot in the Subdivision being inadequately served by required public improvements, (b) Subdivider furnishes title information satisfactory to the City showing all persons and entities having a recorded interest in all lots within the Subdivision ( "Interested Parties"), and (c) all Interested Parties execute and acknowledge their consent to and approval of the modification to the phasing sequence in form and content approved by the City Attorney. 7. The Subdivision Improvements Agreement as amended by this Addendum shall remain in full force and effect and the covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and Subdivider and their respective heirs, personal representatives, successors, and assigns. Executed at Pueblo, Colorado, as of OeTO2E2 9 i 2009 [Signatures begin on nextpagel Subdivider DPW 103 1/6/04 STATE OF COLORADO B y e rs.A yf��,a (Subdivider) Hans Jesp Senn. Secretary By ) ss. COUNTY OF ) EL-D t� The foregoing instrument was acknowledged before me this - i "" day of Q e l obr z by ClansJespersen, Secretary of Pastas Towers America, Inc. , Subdivider. Witness my hand and official seal. My commission expires: 1 1 - 09 19 PAF s " M' � 1n, ff`j' ' CITY OF PUEBLO, a Mumci al Corporation By -Gte1� President of the Council DPW 103 1/6/04 Vestas Towers America ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" The Subdivider will develop the Subdivision in separate phases in the following sequence: (a) Phase I shall consist of the following lots within the Subdivision: The wind turbine tower manufacturing facility and business on the portion of Property described on Exhibit B attached to this Addendum, and known as the "Industrial Parcel." (b) Phase 11 shall consist of the following lots within the Subdivision: The land for Phase 2 is described on Exhibit C attached to this Addendum. Phase 2 is currently zoned Agricultural One (A -1) (the "Agricultural Parcel"). If and when Subdivider intends to develop the Agricultural Parcel for a use not permitted in A -1 zoning, Subdivider shall be required to complete the "RequirectPublic Improvements" described on Exhibit B to the Subdivision Improvements Agreement and as requiredpursuant to the Annexation Agreement for the Subdivision. Subdivider shall not be required to complete the Required Public Improvements or to otherwise comply with the provisions of the Subdivision Improvements Agreement to which this Addendum is attached, unless and until the earlier of Subdivider filing for a building permit for a non - agricultural use or filing for a zoning change from A -I to develop the Agricultural Parcel. DPW 103 1/6/04 Vestas Towers America Addendum to Subdivision Improvements Agreement Ekhibit B INDUSTRIAL PARCEL (Phase 1) A pascal of head located in a pastion of the S 15 of Section 36, Tavasl ip 21 Smtb, Range 65 West and Section 1, Tovathip 22 Somh, Rangy 65 West of the 6 PIL in the Commy of Pueblo and State of Coteroda and bring mozalkaticalarly descnWd as follow. Caosidciog a nnaca of qty Nosth'line of SW V4 of Section 36, Township 21, Soudl, Range 65 West of She fi� PM to beat S. 89 °36`4T E., and all beaiap contained haa7n Being relatirx Commencing at doe W V4 coma of Section 36; theme S. 89°46'47" E., along the Eaat west centerline of said Section 36, s diname of 834AO fret to the Pains of Be&UWF dteome S. 89 ° 46'47" E, contiadng along the East-West nzgadiao of said Seetien 36, a distance cf 2154.23 fret to apoint cu the W"Wlyaign -of -may line oflhe E an do Saaape Raslmad as ptaeady located; tltentt S. 02'28'44t W, 9=9 the westedy right- o&way line of the said Budington Nocdtcm & Salo Pe Railroad a distance of 6118.17 feet to a po6n om the NOVIN111 tighcoY may line o f Lime Raa4 as patiently located; thaxa wesstedy along the Nwthaly vpht- of may line of aaididme Road the fbDo%dzSfhv (S) courses: 1. S. 85 W: a didanca of 730.32 fmk 2. N.04'32'2VW,adieUataf15.0 3. & 85'27'36' W a disraae of700.Q0 &n; 4. S 04 °32'24° E, a distance o£15.00 £eat; S. S.85 °37'36' W., a dialame of73SA9 feek theme N. o2.°2g W E, a distance of b29830&d to the Point of Begianin& Coolaid _ 306.54 ames,amotorless Vestas Towers America Addendum to Subdivision Improvements Agreement Exhibit C AGRICULTURAL PARCEL (Phase 2) A pzseel of land loeaatd in a por&mr of the 5 % of Stctioa 35 and do SW 'ti of Section 36. Township 21 South, Range 65 Wen and the W S's of Seaton 1 awl Section 2, Township 22 Soaft Range 6$ West of din 6 P.bt. in be Caacty of pnego and Sute of Colorado and being more paficalatiy deserabed a S�Ra= Cotutdarog aamtioa of dse'!iorm live of SW V. of Section 36, T,%za*ip 21, South. Raaga 65 West of the 6' Pn to bear S. 84.4947' £., and all bearings contained burin being relatica thereto. Begiowng at the W Y4 CDT= of Section 36; theme S. 89 °46'47" E., along the East -Wart ca tliw: of said Sectitm 36, a test= of 824.40 get; d cg 5.'62°28'44' gW., a distance ice 6248.30 fad to a paint am Sta Nmthedy rigid -OVMY of Lime Road as plasm Y locoet S. 85 5 27'36" Wx along 68 NmthidY a$b "f-N y of said Lime Road, a dietavice of 3014AG tect; meam 31.06°15'11" 8.. a 6seme of 44171 *a% ibenca N. 89°44'44" W., a diets= of 470.60 get; themaN. oonnr'R, a didame of 3605.83 for. tb evice Northerly dongtbe arc of a cwse to toe sight whose ra ns =460.00 feet. a di tar" of "013 alet tbeneeNOCHWAY ahmg the ma of a care to Ste hta whvee active is 547100 gat sad whale center bears N. 64 W., a distance of 22708 get deuce N. 03 E., a dismuce of 107.85 Let 0 a Point On the EW_Wert ceduliaa of Seaioa 35; donne 8. 89°42'41" V-, along the X*n centerline of said Section 35, a distance of 229'7.28 gat to die Paint of Beginai4 C.o,m;aivg 50497 acres, more or tees C -1