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