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HomeMy WebLinkAbout08034Reception 1831253 01/27/2010 ORDINANCE NO. 8034 AN ORDINANCE APPROVING THE ANAHEIM SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO. that: SECTION 1. The final plat of the Anaheim Subdivision, being a subdivision of land legally described as: That parcel of land described in that Warranty Deed filed for record September 5, 2001 at Reception No. 1400796 in the records of the Pueblo County Clerk and Recorder which reads as follows: A tract or parcel of land in the NE 1/4 NE 1/4 of Section 4, Township 21 South, Range 65 West of the 6th P.M., described as follows: Beginning at a point on the East line of said NE 1/4 NE 1/4 422.66 feet North of the Southeast corner of said NE 1/4 NE 1/4, which point is also the Northeast corner of the tract of land described in deed recorded January 2, 1952 in Book 1172 at Page 125; thence North along the East line of said NE 1/4 NE 1/4 140.88 feet; thence West 309.8 feet, more or less, to the Easterly line of W.D.B. Land Company's Subdivision No. 1; thence South along the Easterly line of said Subdivision 140.88 feet, more or less, to the Northwest corner of the tract described in said Book 1172 at Page 125; thence East along the North line of the tract in said Book 1172 at Page 125 a distance of 309.7 feet, more or less, to the Point of Beginning, 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 on the condition that the overhead utility line along the northern property line is buried underground. 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. 1831253 ORD 01/27/2010 09:01:13 RM Page: 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Puebla County, Co I I I I wriffliholift I01iIlid!Kshlolly' 411III Neither the adoption of this Ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this Ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this Ordinance or in the City's subdivision Ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. SECTION 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: June 22, 2009 f 3 a! /y BY: Judy Weaver Cl _ COUNCIL PERSON APPROVED: Gerd PRESIDENT OF CIT COUNCIL ITY CLERK PASSED AND APPROVED: July 13, 2009 Background Paper for Proposed ORDINANCE AGENDA ITEM # 24 DATE: JUNE 22, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE ANAHEIM SUBDIVISION PLAT ISSUE Shall City Council approve a request to subdivide 1 -acre of land to facilitate the development of a Dollar General retail store? RECOMMENDATION The Planning and Zoning Commission, at their May 13, 2009 Regular Meeting, voted 4- 0 to recommend approval with the following condition: According to Section 12- 4- 7(c)(6), all utilities, except electric lines in excess of 30,000 volts, shall be placed underground. The overhead utility line along the northern property line must be buried underground. BACKGROUND The applicant is proposing to subdivide 1 -acre of land to facilitate the development of a Dollar General retail store. The property is currently unsubdivided ground described by metes and bounds. The property was annexed into the City in 1966 and zoned for commercial uses despite the fact that it had been previously developed as a residence, prior to annexation. The proposed subdivision meets all land area requirements for the B -2 Zone District and will provide an appropriate location for the development of a retail store. FINANCIAL IMPACT None. Reception 1831255 01/27/2010 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on 5t►wtuw2Y 8 —1 2010 between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and LOUIS & COMPANY INVESTMENTS, L-C, A UTAH 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 ANAHEIM SUBDIVISION ( "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: 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 Dec. 2007 1831255 SUBD AG 01/27/2010 09:01:13 AM page: 2 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc 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 ". 3. 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. DPW 101 May 2009 1831255 SUED AG 01/27/2010 09:01:13 AM Pa 3 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz Clerk /Recorder. Pueblo County Cc ®III W.6P�41G�lYh��Gf��9Ch4�N4 {���.�'� 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 1831255 S118D AG 01/27/2010 09:01:13 Am Pagge: 4 of 10 R 51.00 D 0.00 T 51.00 Gi l6ert Ortiz Clerk /Recorder, Pueblo County, Co 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) ortract(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 1833g 5 o 1255 SUBD_ D 0 AG 01/27/2010 09:01:13 AM Gl lber tOrtiz Clerk Recorder, Pueblo Coun Co 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 - 76)(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 1831255 SUBD AG 01/27/2010 09:01:13 AM Page: 6 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz Clerk /Recorder, Pueblo County., Co ®III hY' �PY4�G4ati 'IF�t�l�l�lE'�+�4hh'IN�I� �d+rlMll� ®I III 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. 1 JIM B. TH01"s a DSO SE f ( 1 ., � Stem of THOMAS STUART, MANAGER Subdivider Y: LOUIS OMPANY INVESTMENTS, L-C. A UTAH LIMITED LIABILITY COMPANY By The foregoing instrument was acknowledged before me on �""A62( g l L 2010 E by THOMAS STUART, MANAGER Subdivider. My commission expires: A S• City erk STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) Notary Public CIT OF JEBLO, a Municipal Corporation President of City Council The foregoing instrument was acknowledged before me this R 10 by LLt ) rPYI r LJ President of Ci Council, and to r� « rrhPc Pueblo, Colorado. day of rrrenclo ,as as City Clerk of the City of Witness my hand and official seal. DPW 101 May 2009 1831255 SUBD AG 01/27/2010 09:01:13 AM Page: 8 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®III KPN4iWAIMIW WIN,A' 47W h 11111 EXHIBIT A ANAHEIM SUBDIVISION Lot 1, Anaheim Subdivision Formerly know as: That parcel of land described in that Warranty Deed filed for record September 5, 2001 at Reception No. 1400796 in the records of the Pueblo County Clerk and Recorder which reads as follows: A tract or parcel of land in the NE 114 NE 1/4 of Section 4, Township 21 South, Range 65 West of the 6th P.M., described as follows: Beginning at a point on the East line of said NE 1/4 NE 1/4 422.66 feet North of the Southeast corner of said NE 114 NE 1/4, which point is also the Northeast corner of the tract of land described in deed recorded January 2, 1952 in Book 1172 at Page 125; thence North along the East line of said NE 1/4 NE 114 140.88 feet; thence West 309.8 feet, more or less, to the Easterly line of W.D.B. Land Company's Subdivision No. 1; thence South along the Easterly line of said Subdivision 140.88 feet, more or less, to the Northwest corner of the tract described in said Book 1172 at Page 125; thence East along the North line of the tract in said Book 1172 at Page 125 a distance of 309.7 feet, more or less, to the Point of Beginning, 1831255 SUBD AG 01/27/2010 09:01:13 All Page: 9 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®III WA 11111®1111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: ANAHEIM DEVELOPER: LOUIS & COMPANY INVESTMENTS LLC. A UTAH LIMITED LIABILITY COMPANY ENGINEER: JOSEPH V. GAGLIANO Itemization of Required Public Immovements (Use Unit Prices Approved by Public Works in Preparation of Exhibit `B ") This is an estimate only. Actual construction costs may vary. PREPARED BY: ANTHONY J. MIHELICH FIRM:GAGLIANO ENGINEERING 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, 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 (ii) the unit prices shown hereon are the most current unit prices provided by the City of Pueblo. [P.E. SEAL r p0 REG / •, c 37210 ' a REVIEWED BY: V d(o /o PIKIessional Engineer Date (.' 1/11 - jr, Dir ctor of Public Works Date DPW 101 May 2009 ANAHEIM SUBDIVISION EXHIBIT "B" DATE: LS 1831255 SUBD AG 01/27/2010 09:01:13 AM Page: 10 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz ClerklRecorder, Pueblo County, Co 1111111 MP1 Y0911 WSPl A W VIA NiM14 11111 Reception 1831256 01/27/2010 EASEMENT AND RIGHT OF WAY ranted this 3 rd THIS EASEMENT, g , — day of Fl ,rb Uo , by Rebecca Mae Carty, GRANTOR, to PUEBLO, a Municipal Corporation, GRANTEE: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the GRANTEE, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, an easement and right of way for the purpose of Sidewalk and Signage, in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: (the "Property") See attached Exhibits A and B TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of GRANTEE'S 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 3 day of fi coemlxf , DO 9 GRANTOR: Rebecca Mae Carty By ecca Mae Carty COUNTY OF PUEBLO ) ss. STATE OF COLORADO ) ^RO nr � The foregoing instrument was acknowledged before me this day of � , by Rebecca Mae Carty. Witness my hand and official seal. ,,, ,,,,t„ , O In I Vnmission expires: a4 aV' M � Notary Publid IJ EXHIBIT A A Sidewalk and Signage Easement within a portion of that parcel of land described in that document file for record July 3, 2008 under Reception No. 1774394 in the records of the Pueblo County Clerk and Recorder also being a portion of the NE 1/4 of the NE 1/4 of Section 4, Township 21 South, Range 65 West of the Sixth Principal Meridian being more particularly described as follows: COMMENCING at the NE comer of Lot 1, Anaheim Subdivision according to the recorded plat thereof filed for record JA9. 7 'l , 20APunder Reception No. 1831234 , in the records of the Pueblo County Clerk and Recorder; thence N 02 TV (bearings based on the north line of said Lot 1, Anaheim Subdivision monumented on the east end with a PK nail and washer, P.L.S. No. 22101 set on a 2.00 foot offset east of true corner and on line if line extended and on the west end with a No. 4 rebar and a red plastic cap P.L.S. No. 22101 set on a 2.00 foot offset east of true corner and on line assumed to bear S 89 0 15'33 "E) said point also being on the west right of way line of Colorado State Highway 45 a distance of 20.01 feet to the POINT OF BEGINNING; thence N 89 °15'33 "W a distance of 24.27 feet; thence N 43 °49'40 "E a distance of 32.12 feet to a point 3.00 feet west of said west right of way line of Colorado State Highway 45; thence N 02 7"E parallel to and 3.00 feet west of said right of way line a distance of 97.38 feet more or less to the north line of said parcel of land described in that document file for record July 3, 2008 under Reception No. 1774394 in the records of the Pueblo County Clerk and Recorder; thence S 89 °15'33 "E along said north line a distance of 3.00 feet to a point on said west right of way line of Colorado State Highway 45; thence S 02 along said west right of way line of Colorado State Highway 45 a distance of 120.85 feet to the POINT OF BEGINNING. Said Easement contains 612 Square Feet more or less. Rand . Reeves PLS 22101 For and on Behalf of Mangini Reeves, Inc. 22101 I-Z —L 1831256 EASE 01/27/2010 09:01:13 AM Page: 2 of 3 R 16.00 D 0.00 T 16.00 .'.,.�.�1.t'''�', Gilbert Ortiz Clerk /Recorder, Pueblo County, Co 4y ®III lr° 1 VINK16.1 1 MNMVK h 11111 ..�_... - -- ,m_ _.01/27 m10 09:01:13 m Pa ar §z . U 0.00 ± County. Co mill KI NOWNCIE m Sri W 1 111 ■H \ 2 N /\ \\ \j )� }\ w \� n� \� `I � {� \ \ § \k/ +$o \�} 36x $ #t 46 ± ° % {® \k {g / §� £ � . �z o' _ «sey'm } k,� WGRESS E E EASEMENT N BASIS OF BEARINGS n� z � eyr � a c , Q, _m# £s mN Ln / 2 9 \ ° ®\ \ \2 o/w �r" /\ /\ \_ \\ // }$/\ 0y y/ J ~ w> \ rQ % C) ga \j o »o \ \ \\ 2ym9 o \S% «%o= « \\ \\ x /p/ \Z: \ \ \\ \ \/( 9 \ /} } \( °m\ � \\ � V § L im L � � U. L I � � G \ \ k \� . /\ \\ \j )� }\ w \� n� \� `I � {� \ \ § \k/ +$o \�} 36x $ #t 46 ± ° % {® \k {g / §� £ � . �z o' _ «sey'm } k,� WGRESS E E EASEMENT N BASIS OF BEARINGS n� z � eyr � a c , Q, _m# £s mN Ln / 2 9 \ ° ®\ \ \2 o/w �r" /\ /\ \_ \\ // }$/\ 0y y/ J ~ w> \ rQ % C) ga \j o »o \ \ \\ 2ym9 o \S% «%o= « \\ \\ x /p/ \Z: \ \ \\ \ \/( 9 \ /} } \( °m\ � \\ � V § L im L � � U. L I � � G Reception 1831257 01/27/2010 INGRESS AND EGRESS EASEMENT Louis & Company Investments ,LLC. is the owner of that parcel of land described in that Warranty Deed filed for record March 23, 2009 at Reception No. 1799772 in the records of the Pueblo County Clerk and Recorder. Rebecca Mae Carty is the owner of that parcel of land described in that Warranty Deed filed for record July 3, 2008 at Reception No. 1774394 in the records of the Pueblo County Clerk and Recorder. Louis & Company Investments, LLC hereby conveys to Rebecca Mae Carty, its successors and assigns, a non - exclusive, perpetual, easement for ingress and egress as set out in Schedule A, attached hereto. Said easement will be deemed to run with the land and Louis & Company Investments, L.L.0 its successors and assigns will not construct buildings or other similar improvements on the Schedule A easement which would interfere with the use of the Schedule A easement for ingress and egress. Rebecca Mae Carty hereby conveys to Louis & Company Investments, L.L.C, its successors and assigns, a non - exclusive, perpetual, easement for ingress and egress as set out in Schedule B, attached hereto. Said easement will be deemed to run with the land and Rebecca Mae Carty and its successors and assigns will not construct buildings or other similar improvements on the Schedule B easement which would interfere with the use of the Schedule B easement for ingress and egress. Each party warrants to the other party that it (a) has good and sufficient right and title in and to the property encumbered by this Ingress and egress easement and full power to grant this easement and right -of -way, and (b) will defend the other's quiet and peaceful possession of the easement and right -of -way against all persons who may lawfully claim title to the easement and right -of -way. The conveyance of each of the foregoing easements is subject to reservations, restrictions, covenants and easements of record. This ingress and egress easement may not be modified or amended or revoked without the prior written consent of the City of Pueblo, Colorado. The easements hereby granted are granted with the right to construct, maintain, control and replace roads and streets within and upon the easements and to access the adjoining property for such purposes. Sig Lth` ,9 - 4 day of ��' �✓ L 1 F 2009. Louis & ompany Investments, LLC Thomas D. Stuart Witness my hand and official seal. My commission expires NO - (7• I Public m� 'OUBUG 1831257 EASE 01/27/2010 09:01:13 All Pagge: 2 of 4 R 21.00 0 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc 1111 rkIIYINo'4 WIRA1101 WNI RIO 10111 ®1111 Re ecca Mae Carty State of Colorado) ) ss. County of Pueblo) The foregoing instrument was acknowledged before me this LI day of wrcL" 2009 by Louis & Company Investments, LLC, Thomas D. Stuart. Witness my hand and official seal. NotarryyPublc JA N B. r40MAS 3eo NOnh TOO weer, go 4 North Salt t.ete, tlleh 5 res 9 My Conunieebn F�ylree Maroh YS, MOOS y commission ,E State of Utah .1 x� �..� ....... NOW Note 1, State olorado) ) SS. County of Pueblo) The foregoing instrument was acknowledged before me this -.2eay of Qh� 2009 by Rebecca Mae Carty. Witness my hand and official seal. My commission expires NO - (7• I Public m� 'OUBUG 1831257 EASE 01/27/2010 09:01:13 All Pagge: 2 of 4 R 21.00 0 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc 1111 rkIIYINo'4 WIRA1101 WNI RIO 10111 ®1111 INGRESS AND EGRESS EASEMENT SCHEDULE A An easement for the purpose of Ingress and Egress, located within a portion of the NE %4 of the NE' /4 of Section 4, Township 21 South, Range 65 West of the Principal Meridian, being more particularly described as follows: The North 20.00 feet of the East 100.00 feet of that parcel of land described in that parcel of land described in that Warranty Deed, filed for record September 6, 2001 at Reception No. 1400796 in the records of the Pueblo County Clerk and Recorder, Pueblo Comity, Colorado. RAND .REEVES PROFESSIONAL LAND SURVEYOR NO. 22101 3 -Z4- -o9 DATE 22131 3 -24 -c 1831257 EASE 01/27/2010 09:01:13 AM Page: 3 of 4 R 21.00 D 0.00 T 21.00 Gi ert Ortiz Clerk /Recorder, Pueblo County, Cc INGRESS AND EGRESS EASEMENT SCHEDULE B An easement for the purpose of Ingress and Egress, located within a portion of the NE %4 of the NE' /4 of Section 4, Township 21 South, Range 65 West of the Principal Meridian, being more particularly described as follows: The South 20.00 feet of the East 100.00 feet of that parcel of land described in that Warranty Deed filed for record July 3, 2008 at Reception No. 1774394 in the records of the Pueblo County Clerk and Recorder. Pueblo County, Colorado. - Z4-05 RAND G. REEVES DATE PROFESSIONAL LAND SURVEYOR NO. 22101 22 101 -L4 c 188 4 ' 4 31257 EASE 01/27/2010 09:01:13 AM GllbertOr�tizClerklRea 2 order, Pueblo County. Co mill ,i;rc ai + Kw��ar ISF1 111iI1 1111111