HomeMy WebLinkAbout10826ORDINANCE NO. 10826
AN ORDINANCE APPROVING THE NORTH VISTA
HIGHLANDS, FILING NO. 10 SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the North Vista Highlands, Filing No.10 Subdivision, being a subdivision
of land legally described as:
A parcel of land located in the North one-half of Section 7 and the West one-half of the
Northwest one -quarter of Section 8, Township 20 South, Range 64 West of the 6th P.M. in the
County of Pueblo and State of Colorado and being more particularly described as follows:
All of Parcel "G" and portions of Parcels "P" and "Q", all in North Vista Highlands, Filing No. 7,
according to the recorded plat thereof as filed for record on October 26, 2023 at Reception No.
2326748 in the Pueblo County Records and being more particularly described as follows:
Considering the east line of the northeast Y4 of Section 8, Township 20 South, Range 64 West
of the 6th Principal Meridian to bear N. 01 °2555" E. monumented on the south end with a found
axle and the north end with a 2-h/" aluminum cap stamped with PLS. No. 16128, and all
bearings contained herein being relative thereto.
Beginning at the east corner of Parcel "Q" in North Vista Highlands, Filing No. 7, said point also
being the north corner of Parcel "B", in North Vista Highlands, Filing No. 4 according to the plat
thereof as filed for record on December 21, 2021 at Reception No. 2257458 in the Pueblo
County Records; thence S41 °27'38"W along the boundary of said Parcels "Q" and "B", a
distance of 858.21 feet; thence S86°38'57"W, a distance of 206.15 feet; thence S83°08'23"W, a
distance of 103.56 feet; thence N02°57'03"W, a distance of 111.45 feet; thence along the arc of
a curve to the right whose center bears N02°57'03"W and whose radius is 510.00 feet, a
distance of 26.27 feet; thence N90°00'00"W, a distance of 16.73 feet; thence N00°00'00"E, a
distance of 280.00 feet; thence N90°00'00"W, a distance of 30.00 feet; thence N00°00'00"E, a
distance of 177.89 feet; thence N34°23'11"E, a distance of 77.48 feet; thence N37°55'54"W, a
distance of 170.00 feet; thence along the arc of a curve to the right whose center bears
N37°55'54"W and whose radius is 170.00 feet, a distance of 9.10 feet; thence N34°51'55"W, a
distance of 110.00 feet; thence N38°32'00"E, a distance of 34.29 feet; thence N25°46'31"E, a
distance of 55.98 feet; thence N90°00'00"E, a distance of 40.00 feet; thence N00°00'00"E, a
distance of 280.00 feet; thence N90°00'00"W, a distance of 160.00 feet; thence N00°00'00"E, a
distance of 110.00 feet; thence N90°00'00"E, a distance of 14.99 feet; thence N00°00'00"E, a
distance of 190.00 feet to a point on the southern boundary of said Parcel "G"; thence
continuing along the southern, western, and northern boundary of said Parcel "G" the following
fourteen (14) courses:
1. N90°00'00"W, a distance of 456.33 feet;
2. Along the arc of a curve to the left whose radius is 1240.00 feet, a distance of 522.83
feet;
3. S65°50'31 "W, a distance of 106.22 feet;
Docusign Envelope ID: F77B5BEO-69A7-488D-8C87-3CO27A9B779A
4. Along the arc of a curve to the right whose radius is 1360.00 feet, a distance of 537.32
feet;
5. S88°28'44"W, a distance of 1148.73 feet to a point on the eastern boundary of Overton
Road as presently located;
6. N05°27'23"W, a distance of 2.42 feet;
7. Along the arc of a curve to the left whose radius is 1995.79 feet, a distance of 118.17
feet;
8. N88°28'44"E, a distance of 1160.49 feet;
9. Along the arc of a curve to the left whose radius is 1240.00 feet, a distance of 489.91
feet;
10. N65°50'31 "E, a distance of 106.22 feet;
11. Along the arc of a curve to the right whose radius is 1360.00 feet, a distance of 573.43
feet;
12. N90°00'00"E, a distance of 627.15 feet;
13. Along the arc of a curve to the right whose radius is 1360.00 feet, a distance of 286.83
feet;
14. S77°54'58"E, a distance of 476.00 feet to a point on the northern boundary of Home of
Heroes Parkway as platted in North Vista Highlands, Filing No. 2 according to the
recorded plat thereof as filed for record on August 20, 2021 at Reception No. 2240303 in
the Pueblo County Records;
Thence along the arc of a curve to the left whose center bears S54°20'07"E and whose radius is
150.00 feet, a distance of 256.09 feet to a point on the western boundary of Cedarweed
Boulevard as platted in said North Vista Highlands, Filing No. 2; thence along the arc of a curve
to the left whose center bears S82°06'06"E and whose radius is 790.00 feet, a distance of
653.69 feet to the Point of Beginning.
Containing 36.273 acres, more or less.
attached hereto, is hereby approved. 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
Docusign Envelope ID: F77B5BE0-69A7-488D-8C87-3C027A9B779A
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 4.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of the Ordinance to implement the policies and procedures described herein.
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, 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 (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.
SECTION 6.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on October 15, 2024.
Final adoption of Ordinance by City Council on October 28, 2024.
ocug&gned by:
lattff
President of Ci y oundi l
Docusign Envelope ID: F77B5BEO-69A7-488D-8C87-3CO27A9B779A
Action by the Ma or:
❑ Approved on 10/29/2024 1 5:44 PM MDT
❑ Disapproved on
based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
❑ Council did not act to override the Mayor's veto.
❑ Ordinance re -adopted on a vote of on
O Council action on failed to override the Mayor's veto.
President of City Council
ATTEST Signed by:
UIn Cc, Mbs I�
Deputy City or
Docusign Envelope ID: F77B5BEO-69A7-488D-8C87-3CO27A9B779A
City Clerk's Office Item # S1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: October 28, 2024
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Scott Hobson, Acting Director Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING THE NORTH VISTA HIGHLANDS,
FILING NO. 10 SUBDIVISION
SUMMARY:
The applicant is requesting to subdivide 36.273 -acres into single-family residential lots,
open space, and park parcels generally located west of Cedarweed Boulevard and
south of the future western extension of Home of Heroes Parkway.
PREVIOUS COUNCIL ACTION:
The applicant is concurrently requesting approval of the following subdivisions:
S-24-03 NVH Filing No.11, S-24-04 NVH Filing No.12, and S-24-05 NVH Filing No.13
BACKGROUND:
The subject property is located west of North Vista Highlands, Filing No. 2, Subdivision.
The proposed subdivision divides the property into 114 single-family residential lots,
four parcels reserved for pedestrian, trail, landscape, open space, and a park parcel.
According to the PUD Development Guide all parcels will be owned, developed and
maintained by the North Vista Highlands Metropolitan District, (Section 7, Parks and
Open Space). Parcel A is dedicated for drainage, detention, and open space, and will
be owned and maintained by the property owner. Parcels B and D are dedicated for
drainage, pedestrian, trail, landscaping, and open space purposes. Parcel C is
dedicated for a .17 -acre park. The proposed single-family residential lots meet the
minimum 3,600 sq. ft. minimum area. The lots vary in size between approximately
4,400 sq. ft. and 9,512 sq. ft., with varying lot widths. The North Vista PUD requires
lots with widths between 36-59 feet to have 20 -foot front -yard setback, lots with widths
between 60-75 feet are required to have a 25 -foot front -yard setback; and lot widths
greater than 75 -feet to have a 30 -foot setback. All proposed subdivided blocks include
varying lot widths, which will require the setbacks to vary creating an irregular
appearance from the street. The North Vista PUD Development Guide includes
extensive regulations and guidance for Park dedication to ensure that 7.5 acres of park
Docusign Envelope ID: F77B5BEO-69A7-488D-8C87-3CO27A9B779A
is provided for each 1,000 residents.
.0075 acres of land as District Park a
residential subdivision (Section 7.7.
development, First Amendment). The
the total area of Parcels A, B, C
neighborhood park in Parcel D (1.'
subdivision, combined with the trail ar
acres of required park area.
M
The PUD requires the subdivider to dedicate
nd .015 acres as Neighborhood Park with each
2.3, North Vista Master Plan, Planned Unit
applicant is requesting to include 40 -percent of
and E as park dedication. The proposed
'3 acres), which will be developed with this
d open space parcels exceeds the required 1.7
There are no financial implications for the City.
!BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their October 9, 2024 Regular Meeting, voted
5-1 to recommend approval. Commissioner Avalos dissenting, Commissioner Maestri
absent.
STAKEHOLDER PROCESS:
The Planning Department sent out Notice of the Planning and Zoning Commission
Public Hearing to all property owners located within 300 feet of the subject property.
ALTERNATIVES:
If City Council does not approve this Ordinance, the site will not be resubdivided which
will impede development of the site.
Upon request of City Council, the Ordinance could be returned to the Planning and
Zoning Commission for consideration of proposed modifications.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
S-24-02 NVH No. 10 Complete Attachments
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Candace Rivera Clerk/Recorder, Pueblo County, Co
111 11111
ORDINANCE NO. 10826
AN ORDINANCE APPROVING THE NORTH VISTA
HIGHLANDS, FILING NO. 10 SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the North Vista Highlands, Filing No.10 Subdivision, being a subdivision
of land legally described as:
A parcel of land located in the North one-half of Section 7 and the West one-half of the
Northwest one -quarter of Section 8, Township 20 South, Range 64 West of the 6th P.M. in the
County of Pueblo and State of Colorado and being more particularly described as follows:
All of Parcel "G" and portions of Parcels "P" and "Q", all in North Vista Highlands, Filing No. 7,
according to the recorded plat thereof as filed for record on October 26, 2023 at Reception No.
2326748 in the Pueblo County Records and being more particularly described as follows:
Considering the east line of the northeast '/4 of Section 8, Township 20 South, Range 64 West
of the 6th Principal Meridian to bear N. 01 °2555" E. monumented on the south end with a found
axle and the north end with a 2-1/2" aluminum cap stamped with PLS. No. 16128, and all
bearings contained herein being relative thereto.
Beginning at the east corner of Parcel "Q" in North Vista Highlands, Filing No. 7, said point also
being the north corner of Parcel "B", in North Vista Highlands, Filing No. 4 according to the plat
thereof as filed for record on December 21, 2021 at Reception No. 2257458 in the Pueblo
County Records; thence S41 °27'38"W along the boundary of said Parcels "Q" and "B", a
distance of 858.21 feet; thence S86°38'57"W, a distance of 206.15 feet; thence S83°08'23"W, a
distance of 103.56 feet; thence N02°57'03"W, a distance of 111.45 feet; thence along the arc of
a curve to the right whose center bears N02°57'03"W and whose radius is 510.00 feet, a
distance of 26.27 feet; thence N90°00'00"W, a distance of 16.73 feet; thence N00°00'00"E, a
distance of 280.00 feet; thence N90°00'00"W, a distance of 30.00 feet; thence N00°00'00"E, a
distance of 177.89 feet; thence N34°23'11"E, a distance of 77.48 feet; thence N37°55'54"W, a
distance of 170.00 feet; thence along the arc of a curve to the right whose center bears
N37°55'54"W and whose radius is 170.00 feet, a distance of 9.10 feet; thence N34°51'55"W, a
distance of 110.00 feet; thence N38°32'00"E, a distance of 34.29 feet; thence N25°46'31"E, a
distance of 55.98 feet; thence N90°00'00"E, a distance of 40.00 feet; thence N00°00'00"E, a
distance of 280.00 feet; thence N90°00'00"W, a distance of 160.00 feet; thence N00°00'00"E, a
distance of 110.00 feet; thence N90°00'00"E, a distance of 14.99 feet; thence N00°00'00"E, a
distance of 190.00 feet to a point on the southern boundary of said Parcel "G"; thence
continuing along the southern, western, and northern boundary of said Parcel "G" the following
fourteen (14) courses:
1. N90°00'00"W, a distance of 456.33 feet;
2. Along the arc of a curve to the left whose radius is 1240.00 feet, a distance of 522.83
feet;
3. 565°50'31"W, a distance of 106.22 feet;
2417228 09/08/2026 11:24:38 AM
n Envelope ID: F77B5BE0-69A7-488D-8C87-3C027A9B779A Peale c 2 of 4 R 43 .00 D 0.00 b C
00
Docusign p Candace Rivera Clerk/Rectarder, � PuebloAccra@y
mill Iw AIII41i�l w�'I i0'� ��NK AIM , 11111
4. Along the arc of a curve to the right whose radius is 1360.00 feet, a distance of 537.32
feet;
5. S88°28'44"W, a distance of 1148.73 feet to a point on the eastern boundary of Overton
Road as presently located;
6. N05°27'23"W, a distance of 2.42 feet;
7. Along the arc of a curve to the left whose radius is 1995.79 feet, a distance of 118.17
feet;
8. N88°28'44"E, a distance of 1160.49 feet;
9. Along the arc of a curve to the left whose radius is 1240.00 feet, a distance of 489.91
feet;
10. N65°50'31 "E, a distance of 106.22 feet;
11. Along the arc of a curve to the right whose radius is 1360.00 feet, a distance of 573.43
feet;
12. N90°00'00"E, a distance of 627.15 feet;
13. Along the arc of a curve to the right whose radius is 1360.00 feet, a distance of 286.83
feet;
14. S77°54'58"E, a distance of 476.00 feet to a point on the northern boundary of Home of
Heroes Parkway as platted in North Vista Highlands, Filing No. 2 according to the
recorded plat thereof as filed for record on August 20, 2021 at Reception No. 2240303 in
the Pueblo County Records;
Thence along the arc of a curve to the left whose center bears S54°20'07"E and whose radius is
150.00 feet, a distance of 256.09 feet to a point on the western boundary of Cedarweed
Boulevard as platted in said North Vista Highlands, Filing No. 2; thence along the arc of a curve
to the left whose center bears S82°06'06"E and whose radius is 790.00 feet, a distance of
653.69 feet to the Point of Beginning.
Containing 36.273 acres, more or less.
attached hereto, is hereby approved. 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
2417228 09/08/2026 11:24:38 AM
Docusign Envelope ID: F77B5BE0-69A7-488D-8C87-3C027A9B779A Page: 3 of 4 R 43.00 D r ,0Pueblo b 43.00County, p Candace Rivera Clerk/Recorder, County, Co
ill 1111
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 4.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of the Ordinance to implement the policies and procedures described herein.
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, 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 (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.
SECTION 6.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on October 15, 2024.
Final adoption of Ordinance by City Council on October 28, 2024.
Z}' c Signa4 by:
auff
President of Cify.c�u
Docusign Envelope ID: F77B5BEO-69A7-488D-8C87-3CO27A9B779A
Action by the Mayor:
l Approved on
❑ Disapproved on
10/29/2024 1 5:44 PM MDT
2417228 09/08/2026 11:24:38 AM
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Candace Rivera Clerk/Recorder, Pueblo County, Co
®III 'u' I Ill
based on the following objections:
Mayor
❑ Council did not act to override the Mayor's veto.
O Ordinance re -adopted on a vote of on
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST 5r,gned by:
VIn c Mbs
Deputy City terK
2417230 09/08/2026 11:24:38 AM
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Candace Rivera Clerk/Recorder, Pueblo County, Co
ill Irjr ,� J 1ClnP'MKA 111 f tiK 1 III
RATIFICATION OF PLAT
FOR VALUE RECEIVED, the undersigned being the owner of indebtedness
secured by a deed of trust recorded February 18 , 2025, in Book
at Page , Reception Number 2365585 , does hereby ratify
and consent to the subdivision of the land platted as
North Vista Highlands, Filing No. 10 shown on the Subdivision Plat recorded by
Reception Number in the records of Pueblo County, Colorado, and
confirms and joins in the dedication of all streets, easements, rights of way and access
restrictions shown thereon and subordinates its interest in the property described in the
Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto
between the Subdivider and City of Pueblo executed in conjunction therewith.
Signed this day of
DLP Capital Lending CH LLC, a Florida Limited Liability Company
Company Name
By:
Title: Cyn
STATE OF BOt O)
ss.
COUNTY OF P2t(LO )
The foregoing instrument was acknowledged before me this day of
by as
5jhjy of
My Commission Expires: O 30 a Qa$
Notary Pry lie
DPW 107 wry" "'° THERESAAUCE GATTEY
`=: Notar P
02/05/02 1y uolie - Stag of Fl
," Commission # HH 597785
"'°' My Comm. Expires Sep 30, 2428
Bonded through National Notary Assn.
2417231 09/08/2026 11:24:38 AM
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Candace Rivera Clerk/Recorder, Pueblo County, Co
!iii 11111
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersigned hereby executes this Statement of Authority on behalf
of NVH 1013 Development Ltd
a, Colorado Limited Liability Company , an entity other than an individual, capable of
holding title to real property (the "Entity"), and states as follows:
The name of the Entity is NVH 1013 Development Ltd
a Colorado Limited Liability Company
(state type of entity and state, country, or other governmental authority under whose laws such entity is formed)
The mailing address for the Entity is 3819 Broadview P1.
Castle Rock, CO 80109
The name or position of the person authorized to execute instruments conveying, encumbering, or other
affecting title to real property on behalf of the Entity is: David Resnick
The limitations upon the authority of the person named above or holding the position described above to
bind the Entity are as follows: None
(if no limitations, insert "None")
Other matters concerning the manner in which the Entity deals with any interest in real property are:
(if no other matters, leave this section blank)
EXECUTED this day of w
Signature:
Name (typed or printed):. David Resnick
Title (if any): Mana�r�
........
STATE OR
ss.
COUNTY OFcC. C� t._M....
The 1oi t g i ng inslrurne t eas acknowledged before me this day of(L on bel l of ..
Witness my hand and official seal.
My commission expires:
[ SEAL TACY SUZETTE BARRY
NOTARY PUBLIC
DPW 116 STATE OF COLORADO
02/07/02 NOTARY ID 20234007982
MY COMMISSION EXPIRES 02128/2027
2417232 09/08/2026 11:24:38 AM
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Candace Rivera Clerk/Recorder, Pueblo County, Co
1111 rJ 'a ��' "" 'a'� �1I tit 11 1 '' I III
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on T , Zv2._ , between the
CITY OF PUEBLO, a Municipal Corporation ("City"), and
NVH 1013 levelo ment, Ltd, a Colorado Limited Liabilit Com an
("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
North Vista Highlands; Filing No. 10
("Subdivision"), wishes to enter into this Subdivision Improvements Agreement as authorized by
Chapter 4, Title XII of the Pueblo Municipal Code; and
WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code
to construct and install public improvements described and set forth in Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by City Council
("Required Public Improvements"); and
WHEREAS, the Required Public Improvements are generally described in the attached
Exhibit "B" and shown on approved construction plans and documents on file in the office of the
City's Director of Public Works ("Plans and Documents").
WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is
obligated to provide security or collateral sufficient in the judgement of the Director of Public
Works to make reasonable provisions to construct and complete the Required Public
Improvements.
NOW, THEREFORE, in consideration of the foregoing and the following mutual
covenants and agreements, the City and Subdivider agree as follows:
1. Subdivider agrees within one hundred and eighty (180) days after applying for a
building permit to construct any building or structure on any building site within the
Subdivision, or upon the issuance of a certificate of occupancy for any such building
or structure, whichever occurs first, to construct and install at its sole cost all of the
Required Public Improvements.
2. In lieu of installing the Required Public Improvements within the time period
prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any
portion thereof shall deposit cash or other collateral with the City Director of Finance,
or with any bank or trust company licensed in the State of Colorado, subject to an
escrow agreement approved by the City Attorney. The holder of such cash or
DPW 101
August2019
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Candace Rivera Clerk/Recorder, Pueblo County, Co
1111 wh � ' MiLIfr 11111
collateral shall pay all or any portion thereof to the City upon demand after the time
to complete all Required Public Improvements by Subdivider or subsequent owner
expires. Such deposit or escrow agreement shall be referred to as the "deposit".
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.
In the event the Subdivider or any subsequent owner of the land fails to complete the
Required Public Improvements or to make such deposit within the required time, no
additional building permits shall be issued to the Subdivider or the subsequent owner
or to any other person to build or construct any building or structure in the
Subdivision until such default is remedied. In addition, the City may treat the amount
of such deposit as a debt due the City from the Subdivider or subsequent owner,
which debt shall be a lien upon all the land in the Subdivision and notice of lien may
be filed for record in the office of the County Clerk and Recorder at any time after
such default. Action upon such debt may be instituted by the City within six (6) years
from the date of filing such lien for record. All remedies provided for in this
agreement are cumulative and the use of one shall not prohibit the use of another.
6. Upon paying such deposit, the City Director of Public Works shall release the
proposed building site from the terms of the Agreement except the terms of Paragraph
7 below.
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Candace Rivera Clerk/Recorder, Pueblo County, Co
liii �:4E 1 11111
7. 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
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
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Candace Rivera Clerk/Recorder Pueblo County Co
1111 1I 7 i 11 "' N, "h k Mliii
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
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
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Candac RiveraPZE rµ r" 111 1nty Co
1 1 ,1111
X111 M �° 1
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-
7(j)(9) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to
extend any obligation of the Subdivider beyond the date of written approval and
accepted by the Director of Public Works of the Required Public Improvements
described in attached Exhibit "B", provided, however that the obligation of the
Developer to construct or install any Omitted Public Improvements will cease
following two (2) years from the date of acceptance of the Required Public
Improvements described in the attached Exhibit "B" by the Director of Public Works.
16. All Required Public Improvements shall be constructed and installed in compliance
with all applicable standards and specifications approved by City Council.
17. The parties agree this Agreement may be periodically amended by mutual consent
provided such amendment is in writing and signed by all parties.
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Candace Rivera Clerk/Recorder, Pueblo County, Co
.III G''A 1III
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.
yyH 101, D13 p t ITLtr
Subdivider
By: David ResnickManager
The foregoing instrument was acknowledged before me on
My commission expires: O t\`L12O2_9
ATTES 1) •'
City Clerk..��.. �.._..�,.��_....�..�..
STATE OF COLORADO
) ss.
COUNTY OF PUEBLO
t.imbility Cornpany
Subdivider.
rotary Public
CITY OF PUEBLO, a Municipal Corporation
By:
M or of Pueblo, Colorado
The oregging it strument was av acknowledged before me this ' day of
'as City Clerk of the City
as
Mayor o Pueblo, Colorado, and .- / _ y of
Pueblo, Colorado.
Witness my hand and official seal.
My commission expires:
NOTARY PUBLIC
TAMMY A MARTINEZ
[ SEAL ] STATE OF OLORADO N
NOTARY ID 201,64028200
APPROVED AS TO O jWpor r ssstaN EXPI ES 6712612 EG
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Public Li
City Attorney
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Candace Rivera Clerk/Recorder, Pueblo County, Co
mill iI II1
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Candace Rivera CLerk/Recorder, Puebla County, Co
1111 rAlF'off? l' ° �N �,� � �ii i�
Exhibit A
North Vista Highlands Filing No. 10
Land Description
A parcel of land located in the North one-half of Section 7 and the West one-half of
the Northwest one -quarter of Section 8, Township 20 South, Range 64 West of the
6th P.M. in the County of Pueblo and State of Colorado and being more particularly
described as follows:
All of Parcel "G" and portions of Parcels "P" and "Q", all in North Vista Highlands,
Filing No. 7, according to the recorded plat thereof as filed for record on October 26,
2023 at Reception No. 2326748 in the Pueblo County Records and being more
particularly described as follows:
Considering the east line of the northeast'/a of Section 8, Township 20 South, Range
64 West of the 6th Principal Meridian to bear N. 01°25'55" E. monumented on the
south end with a found axle and the north end with a 2-'h" aluminum cap stamped
with PLS. No. 16128, and all bearings contained herein being relative thereto.
Beginning at the east corner of Parcel "Q" in North Vista Highlands, Filing No. 7,
said point also being the north corner of Parcel "B", in North Vista Highlands, Filing
No. 4 according to the plat thereof as filed for record on December 21, 2021 at
Reception No. 2257458 in the Pueblo County Records; thence S41°27'38"W along
the boundary of said Parcels "Q" and "B", a distance of 858.21 feet; thence
S86°38'57"W, a distance of 206.15 feet; thence S83°08'23"W, a distance of 103.56
feet; thence N02°57'03"W, a distance of 111.45 feet; thence along the arc of a curve
to the right whose center bears N02°57'03"W and whose radius is 510.00 feet, a
distance of 26.27 feet; thence N90°00'00"W, a distance of 16.73 feet; thence
N00°00'00"E, a distance of 280.00 feet; thence N90°00'00"W, a distance of 30.00
feet; thence N00°00'00"E, a distance of 177.89 feet; thence N34°23'11 "E, a
distance of 77.48 feet; thence N37°55'54"W, a distance of 170.00 feet; thence
along the arc of a curve to the right whose center bears N37°55'54"W and whose
radius is 170.00 feet, a distance of 9.10 feet; thence N34°51'55"W, a distance of
110.00 feet; thence N38°32'00"E, a distance of 34.29 feet; thence N25°46'31 "E, a
distance of 55.98 feet; thence N90°00'00"E, a distance of 40.00 feet; thence
N00°00'00"E, a distance of 280.00 feet; thence N90°00'00"W, a distance of 160.00
feet; thence N00°00'00"E, a distance of 110.00 feet; thence N90°00'00"E, a
distance of 14.99 feet; thence N00°00'00"E, a distance of 190.00 feet to a point on
the southern boundary of said Parcel "G"; thence continuing along the southern,
western, and northern boundary of said Parcel "G" the following fourteen (14)
courses:
(1) N90°00'00"W, a distance of 456.33 feet;
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Candace Rivera Clerk/Reoorder, Pueblo County, Cry
®ill .r '�' W0 h 'h I" r�' a IN' 1 11111
(2) Along the arc of a curve to the left whose radius is 1240.00 feet, a distance of
522.83 feet;
(3) S65°50'31 "W, a distance of 106.22 feet;
(4) Along the arc of a curve to the right whose radius is 1360.00 feet, a distance
of 537.32 feet;
(5) S88°28'44"W, a distance of 1148.73 feet to a point on the eastern boundary
of Overton Road as presently located;
(6) N05°27'23"W, a distance of 2.42 feet;
(7) Along the arc of a curve to the left whose radius is 1995.79 feet, a distance of
118.17 feet;
(8) N88°28'44"E, a distance of 1160.49 feet;
(9) Along the arc of a curve to the left whose radius is 1240.00 feet, a distance of
489.91 feet;
(10) N65°50'31 "E, a distance of 106.22 feet;
(11) Along the arc of a curve to the right whose radius is 1360.00 feet, a distance
of 573.43 feet;
(12) N90°00'00"E, a distance of 627.15 feet;
(13) Along the arc of a curve to the right whose radius is 1360.00 feet, a distance
of 286.83 feet;
(14) S77°54'58"E, a distance of 476.00 feet to a point on the northern boundary of
Home of Heroes Parkway as platted in North Vista Highlands, Filing No. 2
according to the recorded plat thereof as filed for record on August 20, 2021
at Reception No. 2240303 in the Pueblo County Records;
Thence along the arc of a curve to the left whose center bears S54°20'07"E and
whose radius is 150.00 feet, a distance of 256.09 feet to a point on the western
boundary of Cedarweed Boulevard as platted in said North Vista Highlands, Filing
No. 2; thence along the arc of a curve to the left whose center bears S82°06'06"E
and whose radius is 790.00 feet, a distance of 653.69 feet to the Point of Beginning.
Containing 36.273 acres, more or less.
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Candace Rivera Clerk/Recorder, Pueblo County, Co
1111 11111
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT"B"
PHASE 1
SUBDIVISION NAME: NORTH VISTA HIGHLANDS, FILING NO. 10
IN 1700930
DEVELOPER:
ENGINEER:
Castor Drive
STREETS
5" Asphalt over 6" Base Course
Curb and Gutter
Handicap Ramp
Tactile bands
Sidewalk
Landscape Area (Tree Yard)
7" Concrete (Pans)
WATER
8" PVC Water Main
12" PVC Water Main
Services Lines (60' ROW)
Fire Hydrant Assembly
SANITARY SEWER.:,
8" PVC Sewer Main
15" PVC Sewer Main
Services Lines (60' ROW)
48" Sanitary Manhole
Flowable Fill (CLSM)
TQRa..LFWER
15" ADS HP Storm
18" ADS HP Storm
24" ADS HP Storm
30" ADS HP Storm
36" ADS HP Storm
48" Manhole
60" Manhole
Double Type 16 Inlet
Type R Inlet (10' Length)
Type R Inlet (15' Length)
Flowable Fill (CLSM)
STREET LIGHT
MONUMENT BOX
SIGNAGE
4 -Way Intersection
T Intersection
16' Wide Barricades
NVH 1013 Development Ltd., a Colorado Limited Liability
Company
NORTHSTAR ENGINEERING AND SURVEYING, INC.
4611
SY
@
$49.00
/SY =
2322
LF
@
$36.00
/LF =
190
SF
@
$23.00
/SF
4
EA
@
$453.00
/EA
370
SF
@
$7.00
/SF
420
SF
@
$3.60
/SF
900
SF
@
$19.00
/SF
$225,939
$83,592
$4,370
$1,812
$2,590
$1,512
$17,100
1158 LF
@
$103.00 /LF =
$119,274
0 LF
@
$113.00 /LF =
$0
41 EA
@
$1,311.00 /EA =
$53,751
3 EA
@
$9,938.00 /EA =
$29,814
1070 LF
@
$103.00 /LF =
$110,210
0 LF
@
$123.00 /LF =
$0
41 EA
@
$1,847.00 /EA =
$75,727
5 EA
@
$9,728.00 YEA =
$48,640
0 CY
@
$198.00 /CY =
$0
4 L.F.
@
$125.00 /LF =
$500
24 L.F.
@
$136.00 /LF =
$3,264
285 L.F.
@
$152.00 /LF =
$43,320
0 L.F.
@
$165.00 /LF =
$0
0 L.F.
@
$173.00 /LF =
$0
0 EA
@
$12,914.00 /EA =
$0
1 EA
@
$16,000.00 /EA =
$16,000
2 EA
@
$24,473.00 /EA =
$48,946
0 EA
@
$26,000.00 /EA =
$0
0 EA
@
$32,000.00 /EA =
$0
3 CY
@
$198.00 /CY =
$594
7 EA @ $4,018.00 /EA =
6 EA @ $1,273.00 /EA =
1 EA @ $2,280.00 /EA =
0 EA @ $1,140.00 /EA =
2 EA @ $1,608.00 /EA =
$28,126
$7,638
$2,280
$0
$3,216
SUBTOTAL $928,215
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Candace Rivera Clerk/Recorder, Pueblo County, Co
®III r'' ANA.,; 11014111 1111
TUuride Drbve
STREETS
5" Asphalt over 6" Base Course
2885 SY
@
$49.00 /SY =
$141,365
Curb and Gutter
1315 LF
@
$36.00 /LF =
$47,340
Handicap Ramp
139 SF
@
$23.00 /SF
$3,197
Tactile bands
2 EA
@
$453.00 /EA
$906
Sidewalk
590 SF
@
$14.00 /SF
$8,260
Landscape Area (Tree Yard)
660 SF
@
$3.60 /SF
$2,376
7" Concrete (Pans)
0 SF
@
$19.00 /SF
$0
WATER Existin , 'r m North VistaWHbgh9and
._F%IIp .11)
8" PVC Water Main
0 LF
@
$103.00 /LF =
$0
12" PVC Water Main
0 LF
@
$113.00 /LF =
$0
Services Lines (60' ROW)
0 EA
@
$1,311.00 /EA =
$0
Fire Hydrant Assembly
0 EA
@
$9,938.00 /EA =
$0
SANITARY SEWER:
8" PVC Sewer Main
560 LF
@
$103.00 /LF =
$57,680
15" PVC Sewer Main
0 LF
@
$123.00 /LF =
$0
Services Lines (60' ROW)
19 EA
@
$1,847.00 /EA =
$35,093
48" Sanitary Manhole
2 EA
@
$9,728.00 /EA =
$19,456
Flowable Fill (CLSM)
0 CY
@
$198.00 ICY =
$0
STORM SEWER
15" ADS HP Storm
0 L.F.
@
$125.00 /LF =
$0
18" ADS HP Storm
0 L.F.
@
$136.00 /LF =
$0
24" ADS HP Storm
0 L.F.
@
$152.00 /LF =
$0
42" ADS HP Storm
0 L.F.
@
$195.00 /LF =
$0
72" Manhole
0 EA
@
$16,000.00 /EA =
$0
Double Type 16 Inlet
0 EA
@
$24,473.00 /EA =
$0
Type R Inlet (15' Length)
0 EA
@
$32,000.00 /EA =
$0
Flowable Fill (CLSM)
0 CY
@
$198.00 ICY =
$0
STREET LIGHT
4 EA
@
$4,018.00 /EA =
$16,072
MONUMENT BOX
5 EA
@
$1,273.00 /EA =
$6,365
SIGNAGE
4 -Way Intersection
0 EA
@
$2,280.00 /EA =
$0
T Intersection
1 EA
@
$1,140.00 /EA =
$1,140
16' Wide Barricades
2 EA
@
$1,608.00 /EA =
$3,216
SUBTOTAL $342,466
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Candace Rivera Clerk/Recorder, Pueblo County, Co
mill III
Eureka O ive
STREETS
5" Asphalt over 6" Base Course
1703 SY
@
$49.00 /SY =
$83,447
Curb and Gutter
870 LF
@
$36.00 /LF _
$31,320
Handicap Ramp
253 SF
@
$23.00 /SF
$5,819
Tactile bands
8 EA
@
$453.00 /EA
$3,624
Sidewalk
370 SF
@
$7.00 /SF
$2,590
Landscape Area (Tree Yard)
360 SF
@
$3.60 /SF
$1,296
7" Concrete (Pans)
1460 SF
@
$19.00 /SF
$27,740
" 6j R E a in:, rqm lU h Vilska Fllpclhlands. Eilinci
t1 .
8" PVC Water Main
0 LF
@
$103.00 /LF =
$0
12" PVC Water Main
0 LF
@
$113.00 /LF =
$0
Services Lines (60' ROW)
0 EA
@
$1,311.00 /EA =
$0
Fire Hydrant Assembly
0 EA
@
$9,938.00 /EA =
$0
S/ tL11 R'YWE R•,
8" PVC Sewer Main
0 LF
@
$103.00 /LF =
$0
15" PVC Sewer Main
0 LF
@
$123.00 /LF =
$0
Services Lines (60' ROW)
0 EA
@
$1,847.00 /EA =
$0
48" Sanitary Manhole
0 EA
@
$9,728.00 /EA =
$0
Flowable Fill (CLSM)
0 CY
@
$198.00 /CY =
$0
STORM SEWER
15" ADS HP Storm
0 L.F.
@
$125.00 /LF =
$0
18" ADS HP Storm
0 L.F.
@
$136.00 /LF =
$0
24" ADS HP Storm
0 L.F.
@
$152.00 /LF =
$0
36" ADS HP Storm
0 L.F.
@
$173.00 /LF =
$0
60" Manhole
0 EA
@
$12,914.00 /EA =
$0
Type 16 Inlet
0 EA
@
$24,473.00 /EA =
$0
Type R Inlet (10' Length)
0 EA
@
$26,000.00 /EA =
$0
Flowable Fill (CLSM)
0 CY
@
$198.00 /CY =
$0
STREET LIGHT
2 EA
@
$4,018.00 /EA =
$8,036
NiJhtlT 647y
1 EA
@
$1,273.00 /EA =
$1,273
SIGNAGE
4 -Way Intersection
1 EA
@
$2,280.00 /EA =
$2,280
T Intersection
1 EA
@
$1,140.00 /EA =
$1,140
16' Wide Barricades
0 EA
@
$1,608.00 /EA =
$0
SUBTOTAL 65
2417232 09/08/2026 11:24:38 Al
Page 13 of 19 R 43.00 D 0.00 T 48.00
Candace Rivera Clerk/Recorder, Pueblo county, Co
mill � 4 �� 1 �"m 1 ���'� i uli 11111
ff-Site Imorovements
STREETS S (Downstream rtw roverrl a in North
Vista Highlands. Filing
le . &. '1b2;.
5" Asphalt over 6" Base Course
12200 SY
@
$49.00 /SY =
$597,800
Curb and Gutter
6600 LF
@
$36.00 /LF =
$237,600
Handicap Ramp
0 SF
@
$23.00 /SF
$0
Tactile bands
0 EA
@
$453.00 /EA
$0
Sidewalk
0 SF
@
$7.00 /SF
$0
Landscape Area (Tree Yard)
0 SF
@
$3.60 /SF
$0
7" Concrete (Pans)
3080 SF
@
$19.00 /SF
$58,520
STREETSBlaokhaw Drive from
present terminus
at MaDache Or. to Eureka Dr,
4" Asphalt over 9" Base Course
4960 SY
@
$49.00 /SY _
$243,040
Curb and Gutter
2250 LF
@
$36.00 /LF =
$81,000
Handicap Ramp
80 SF
@
$23.00 /SF
$1,840
Tactile bands
2 EA
@
$453.00 /EA
$906
Sidewalk
0 SF
@
$7.00 /SF
$0
Landscape Area (Tree Yard)
0 SF
@
$3.60 /SF
$0
7" Concrete (Pans)
800 SF
@
$19.00 /SF
$15,200
STORM SEWER (Downstream fmnrOvemeflts
in North Vista Highlands. s.
Filing No. 121
15'" ADS HP Storm
114 L.F.
@
$125.00 /LF _
$1.4,250
18" ADS HP Storm
930 L.F.
@
$136.00 /LF =
$126,480
24" ADS HP Storm
1055 L.F.
@
$152.00 /LF =
$160,360
30" ADS HP Storm
640 L.F.
@
$165.00 /LF =
$105,600
36" ADS HP Storm
175 L.F.
@
$173.00 /LF =
$30,275
42" ADS HP Storm
681 L.F.
@
$195.00 /LF =
$132,795
48" Manhole
4 EA
@
$11,000.00 /EA =
$44,000
60" Manhole
9 EA
@
$12,914.00 /EA =
$116,226
72" Manhole
2 EA
@
$16,000.00 /EA =
$32,000
Type 16 Inlet
4 EA
@
$24,473.00 /EA W
$97,892
Type R Inlet (10' Length)
11 EA
@
$32,000..00 /EA =
$352,000
Type R Inlet (15' Length)
3 EA
@
$32,000,00 /EA =
$96,000
Flowahle Fill (CLSM)
25 CY
@
$198.00 ICY
$4,950
Grading Cut (Downstream Ponds)
189330 CY
@
$2.53 /CY _
$479,0015
Grading Fill (Downstream Ponds)
177250 CY
@
$3.61 /CY
$639,873
Storm Forebay (10°x10")
1 EA
@
$8,000.00 /EA =
$8,000
Outlet Structure
1 EA
@
$41,000.00 /EA =
$41,000
Riprap Spillway
1840 CY
@
$133.00 /CY =
$244,720
Detention Pond Trickle Channel
1 EA
@
$110,000.00 /EA =
$110,000
SUBTOTAL
$4O7,331
The street and storm sewer improvements described within this "Off -Site Improvements"
section were designed as part of the
North Vista Highlands, Filing Nos. 11 & 12 subdivisions.
These downstream improvements do not represent
the
entirety of the improvements from
North Vista Highlands, Filing Nos. 11
& 12, however they were determined to
be the
improvements required for the proper functioning of the storm sewer system
within this
subdivision. At this time, it is anticipated that North
Vista Highlands, Filing Nos. 11 & 12
improvements will be completed in their entirety before
construction of North
Vista
Highlands, Filing No. 10.
2417232 03/8/2026 11H24:38 AM
Page; 14 of 19 R 43,00 D 0.00 7 43.00
Candace Rivera Clerk/Recorder Pueblo County, Co
1I II1
MISCELLANEOUS IMPROVEMENTS
Compacted Berm
Rock Socks/Inlet Protection
Dust Control
Rock Check Dam
Vehicle Tracking Control
Clearing And Grubbing
Grading Cut (Inc. Pond, Swales)
Grading Fill (Inc. Pond, Swales)
Storm Forebay (10'x10')
Detention Pond Trickle Channel
Outlet Structure
Riprap Spillway
Revegatation
Temporary Turn -Around (Castor)
Temporary Turn -Around (Copper Rock)
Decomposed Granite Trail
Concrete Trail Sections
Underground Electric Lines
USPS Cluster Boxes
1000 L.F,
@
$3.50
/LF =
$3,500
20 EA
@
$88.00
/EA
$1,760
1 EA
@
$54,000.00
/EA =
$54,000
0 EA
@
$5,000.00
/EA =
$0
3 EA
@
$4,688.00
/EA =
$14,064
13 AC
@
$1,196.00
/AC =
$15,548
48900 CY
@
$2.53
/CY =
$123,717
41300 CY
@
$3.61
/CY =
$149,093
0 EA
@
$8,000.00
/EA =
$0
0 EA
@
$110,000.00
/EA =
$0
0 EA
@
$41,000.00
/EA =
$0
0 CY
@
$133.00
/CY =
$0
13 AC
@
$6,027.00
/AC =
$78,351
830 SY
@
$49.00
/SY =
$40,670
830 SY
@
$49.00
/SY =
$40,670
3700 SF
@
$2.00
/SF =
$7,400
0 SF
@
$7.00
/SF =
$0
0 EA
@
$60,000.00
/EA =
$0
5 EA
@
$4,290.00
/EA =
$21,450
SUBTOTAL
550'223
PHASE 1 TOTAL
$6,060,800
2417232 09/08/2026 11:24:38 AM
Page: 15 of 19 R 43.010 D 0.00 T 43.00
Candace Rivera Clerk/Recorder, Pueblo County, Co
1111 ' MN� AL L P ' .44 iii
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B'
PHASE 2
SUBDIVISION NAME: NORTH VISTA HIGHLANDS, FILING NO. 10
JN 1700930
NVH 1013 Development Ltd., a Colorado Limited Liability
DEVELOPER: Company
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
Castor DO
STREETS
5" Asphalt over 6" Base Course
3939 SY
@
$49.00 /SY =
$193,011
Curb and Gutter
2066 LF
@
$36.00 /LF =
$74,376
Handicap Ramp
63 SF
@
$23.00 /SF
$1,449
Tactile bands
2 EA
@
$453.00 /EA
$906
Sidewalk
0 SF
@
$7.00 /SF
$0
Landscape Area (Tree Yard)
0 SF
@
$3.60 /SF
$0
7" Concrete (Pans)
440 SF
@
$19.00 /SF
$8,360
WATER
8" PVC Water Main
1060 LF
@
$103.00 /LF =
$109,180
12" PVC Water Main
0 LF
@
$113.00 /LF =
$0
Services Lines (60' ROW)
40 EA
@
$1,311.00 /EA =
$52,440
Fire Hydrant Assembly
1 EA
@
$9,938.00 /EA =
$9,938
TARYVR:
8" PVC Sewer Main
1250 LF
@
$103.00 /LF =
$128,750
15" PVC Sewer Main
0 LF
@
$123.00 /LF =
$0
Services Lines (60' ROW)
50 EA
@
$1,847.00 /EA =
$92,350
48" Sanitary Manhole
5 EA
@
$9,728.00 /EA =
$48,640
Flowable Fill (CLSM)
0 CY
@
$198.00 /CY =
$0
STORM SEWER
15" ADS HP Storm
0 L.F.
@
$125.00 /LF =
$0
18" ADS HP Storm
0 L.F.
@
$136.00 /LF =
$0
24" ADS HP Storm
0 L.F.
@
$152.00 /LF =
$0
30" ADS HP Storm
0 L.F.
@
$165.00 /LF =
$0
36" ADS HP Storm
0 L.F.
@
$173.00 /LF =
$0
48" Manhole
0 EA
@
$12,914.00 /EA =
$0
60" Manhole
0 EA
@
$16,000.00 /EA =
$0
Double Type 16 Inlet
0 EA
@
$24,473.00 /EA =
$0
Type R Inlet (10' Length)
0 EA
@
$26,000.00 /EA =
$0
Type R Inlet (15' Length)
0 EA
@
$32,000.00 /EA =
$0
Flowable Fill (CLSM)
0 CY
@
$198.00 /CY =
$0
STREET LIGHT
6 EA
@
$4,018.00 /EA =
$24,108
MONUMENT BOX
5 EA
@
$1,273.00 /EA =
$6,365
SIGNAGE
4 -Way Intersection
0 EA
@
$2,280.00 /EA =
$0
T Intersection
1 EA
@
$1,140.00 /EA =
$1,140
16' Wide Barricades
2 EA
@
$1,608.00 /EA =
$3,216
SUBTOTAL $754,229
2417232 019'/08/2026 1124:38 All
Page: 16 of 19 R 43.00 D 0.00 Y 43,00
Candace Rivera Clerk/Recorder, Pueblo County Co
1111 "J �C' 11 1 KII DI , 11 � I! Ill
flue de Drhe
STREETS
5" Asphalt over 6" Base Course
2221 SY
@
$49.00 /SY =
$108,829
Curb and Gutter
933 LF
@
$36.00 /LF =
$33,588
Handicap Ramp
158 SF
@
$23.00 /SF
$3,634
Tactile bands
4 EA
@
$453.00 /EA
$1,812
Sidewalk
600 SF
@
$14.00 /SF
$8,400
Landscape Area (Tree Yard)
680 SF
@
$3.60 /SF
$2,448
7" Concrete (Pans)
890 SF
@
$19.00 /SF
$16,910
WATER
8" PVC Water Main
490 LF
@
$103.00 /LF =
$50,470
12" PVC Water Main
0 LF
@
$113.00 /LF =
$0
Services Lines (60' ROW)
13 EA
@
$1,311.00 /EA =
$17,043
Fire Hydrant Assembly
0 EA
@
$9,938.00 /EA =
$0
SAdaU�€1;
8" PVC Sewer Main
850 LF
@
$103.00 /LF =
$87,550
15" PVC Sewer Main
0 LF
@
$123.00 /LF =
$0
Services Lines (60' ROW)
31 EA
@
$1,847.00 /EA =
$57,257
48" Sanitary Manhole
4 EA
@
$9,728.00 /EA =
$38,912
Flowable Fill (CLSM)
0 CY
@
$198.00 /CY =
$0
STORM SEWER
15" ADS HP Storm
0 L.F.
@
$125.00 /LF =
$0
18" ADS HP Storm
0 L.F.
@
$136.00 /LF =
$0
24" ADS HP Storm
0 L.F.
@
$152.00 /LF =
$0
42" ADS HP Storm
0 L.F.
@
$195.00 /LF =
$0
72" Manhole
0 EA
@
$16,000.00 /EA =
$0
Double Type 16 Inlet
0 EA
@
$24,473.00 /EA =
$0
Type R Inlet (15' Length)
0 EA
@
$32,000.00 /EA =
$0
Flowable Fill (CLSM)
0 CY
@
$198.00 /CY =
$0
STREET LIGHT
2 EA
@
$4,018.00 /EA =
$8,036
MONUMENT BOX
5 EA
@
$1,273.00 /EA =
$6,365
SIGNAGE
4 -Way Intersection
1 EA
@
$2,280.00 /EA =
$2,280
T Intersection
0 EA
@
$1,140.00 /EA =
$0
16' Wide Barricades
2 EA
@
$1,608.00 /EA =
$3,216
SUBTOTAL $ 446,750
2417282 09/08/2026 11:24:88 AN
Page: 17 o ' 19 R 48.00 B 0.00 T 48.00
Candace Rivera Clerk'/Recorder, Pueblo County, Co
mill I III
C er Rock 0t
STREETS
5" Asphalt over 6" Base Course
2094 SY
@
$49.00 /SY =
$102,606
Curb and Gutter
1120 LF
@
$36.00 /LF =
$40,320
Handicap Ramp
317 SF
@
$23.00 /SF
$7,291
Tactile bands
8 EA
@
$453.00 /EA
$3,624
Sidewalk
1580 SF
@
$7.00 /SF
$11,060
Landscape Area (Tree Yard)
1785 SF
@
$3.60 /SF
$6,426
7" Concrete (Pans)
0 SF
@
$19.00 /SF
$0
WATER
8" PVC Water Main
620 LF
@
$103.00 /LF =
$63,860
12" PVC Water Main
0 LF
@
$113.00 /LF =
$0
Services Lines (60' ROW)
1 EA
@
$1,311.00 /EA =
$1,311
Fire Hydrant Assembly
2 EA
@
$9,938.00 /EA =
$19,876
SANITARY SEWER:
8" PVC Sewer Main
0 LF
@
$103.00 /LF =
$0
15" PVC Sewer Main
0 LF
@
$123.00 /LF =
$0
Services Lines (60' ROW)
0 EA
@
$1,847.00 /EA =
$0
48" Sanitary Manhole
0 EA
@
$9,728.00 /EA =
$0
Flowable Fill (CLSM)
0 CY
@
$198.00 ICY =
$0
SEO,gh15EW.
15" ADS HP Storm
0 L.F.
@
$125.00 /LF =
$0
18" ADS HP Storm
0 L.F.
@
$136.00 /LF =
$0
24" ADS HP Storm
0 L.F.
@
$152.00 /LF =
$0
36" ADS HP Storm
0 L.F.
@
$173.00 /LF =
$0
60" Manhole
0 EA
@
$12,914.00 /EA =
$0
Type 16 Inlet
0 EA
@
$24,473.00 /EA =
$0
Type R Inlet (10' Length)
0 EA
@
$26,000.00 /EA =
$0
Flowable Fill (CLSM)
0 CY
@
$198.00 ICY =
$0
STREET LIGHT
2 EA
@
$4,018.00 /EA =
$8,036
MQJJJMENT BOX
1 EA
@
$1,273.00 /EA =
$1,273
SIGNAGE
4 -Way Intersection
0 EA
@
$2,280.00 /EA =
$0
T Intersection
0 EA
@
$1,140.00 /EA =
$0
16' Wide Barricades
2 EA
@
$1,608.00 /EA =
$3,216
SUBTOTAL $268,899
2417232 09/08/2026 11:24:38 AM
Page: 18 of 19 R 43.00 D 0.00 T 43.00
Candace Rivera Clerk/Recorder, Pueblo County, Co
III IIIll
,Of -Sate I,r,erlt•S
;bNITARY ' m WW RUTF...A L
15" PVC Sewer Main (Dunton Dr.)
286 LF
@
$103.00 /LF =
$29,458
15" PVC Sewer Main (Emprie Dr.)
775 LF
@
$123.00 /LF =
$95,325
Services Lines (60' ROW)
39 EA
@
$1,847.00 /EA =
$72,033
48" Sanitary Manhole
5 EA
@
$9,728.00 /EA =
$48,640
TQR LWATER JWRW`9F!R EVE .(L itwn r Gm� Zr arov ,wrweal lr{._I r�rt VGsI . f:9 8 rid .E c ,_6Gr ._1�1)
Grading Cut (Inc. Pond, Swales)
188400 CY
@
$2.53 /CY =
$476,652
Grading Fill (Inc. Pond, Swales)
159800 CY
@
$3.61 /CY =
$576,878
Storm Forebay (10'x10')
1 EA
@
$8,000.00 /EA =
$8,000
Detention Pond Trickle Channel
1 EA
@
$110,000.00 /EA =
$110,000
Outlet Structure
1 EA
@
$41,000.00 /EA =
$41,000
Riprap Spillway
325 CY
@
$133.00 /CY =
$43,225
MISCEU.ANEOUS IMPROVEMENT
Compacted Berm
Rock Socks/Inlet Protection
Dust Control
Rock Check Dam
Vehicle Tracking Control
Clearing And Grubbing
Temp. Conveyance Swales (Cut)
Grading Cut (Inc. Pond, Swales)
Grading Fill (Inc. Pond, Swales)
Storm Forebay (10'x10')
Detention Pond Trickle Channel
Outlet Structure
Riprap Spillway
Revegatation
Temporary Turn -Around (Castor)
Temporary Turn -Around (Copper Rock)
Decomposed Granite Trail
Concrete Trail Sections
Underground Electric Lines
USPS Cluster Boxes
1400 L.F.
@
$3.50
/LF =
$4,900
18 EA
@
$88.00
/EA
$1,584
1 EA
@
$54,000.00
/EA =
$54,000
1 EA
@
$5,000.00
/EA =
$5,000
3 EA
@
$4,688.00
/EA =
$14,064
15 AC
@
$1,196.00
/AC =
$17,940
1575 CY
@
$2.53
/CY =
$3,985
12150 CY
@
$2.53
/CY =
$30,740
106200 CY
@
$3.61
/CY =
$383,382
0 EA
@
$8,000.00
/EA =
$0
0 EA
@
$110,000.00
/EA =
$0
0 EA
@
$41,000.00
/EA =
$0
0 CY
@
$133.00
/CY =
$0
15 AC
@
$6,027.00
/AC =
$90,405
830 SY
@
$49.00
/SY =
$40,670
830 SY
@
$49.00
/SY =
$40,670
8090 SF
@
$2.00
/SF =
$16,180
0 SF
@
$7.00
/SF =
$0
0 EA
@
$60,000.00
/EA =
$0
3 EA
@
$4,290.00
/EA =
$12,870
SUBTOTAL $Z217,6O0
PHASE 2 TOTAL $3,68Z4178
24"11232 09/06/202 11:24 3 AP
Page: 19 of 19 R43000@0014300
Candace Rivera ClerkfPecorder, Puebiv County, Cc
I1I KIPS �� "r " "� ,fI� A I " � I itI
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: NORTH VISTA HIGHLANDS, FILING NO. 10
JN 1700930
DEVELOPER: NVH 1013 Development Ltd., a Colorado Limited Liability Company
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE I SUBTOTAL: $6,060,800
PHASE II SUBTOTAL: $3,687,478
TOTAL PROJECT: $9,748,279
This is an estimate only. Actual construction costs may vary.
PREPARED BY: J. FISHER
FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC.
The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and on the
Plans and Specifications therefore constitute all of the public improvements required to be installed and
constructed for the Subdivision Chapter 4, Title XII of the Pueblo Municipal Code and the standards and
specifications approved by City Council, (ii) t entities of construction elements shown hereon
accurately depicts the quantities neces Sn the Required Public Improvements and (iii) the
unit prices shown hereon are the m �t rovided by the City of Pueblo(II LL4 1
Date
REVIEWED BY:
City of Pueblo
4/3 /You.
2417233 09/08/2026 11:24:38 AM
Page: 1 of 3 R 43.00 D 0.00 T 43,00
Candace Rivera Clerk/Recorder, Pueblo County, Co
III U K II f A vi III 1
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(PHASED CONSTRUCTION)
This Addendum shall be incorporated in and become a part of the
Subdivision Improvements Agreement for North Vista Highlands FiUng No. 10 (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") 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.
6. 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 of4 >C si o 2.
NVH 1013 Development, Ltd., a Colorado
Limited Lia!j1typmpany
Subdivider
DPW 103
1/6/04
By � q T1
By David Resnick, as Manager
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoingfoxegoing intnient was acknowledged before me this 2I1J day of
by % , Subdivider,
Witness my hand and official seal.
My commission expires: j23
PATRICIA ANN VEGA ACKERMAN
NOTARY PUBLIC
[SEAL] STATE OF COLORADO otary Pub
NOTARY ID 20164035042
MY COMMISSION EXPIRES SEPTEMBER 23, 2028
CITY OF PUEBLO,
a Municipal C rpor tion
By
Mayor
2417233 09/08/2026 11:24:38 AM
Page: 2 of 3 R 43.00 D 0.00 T 43.00
Candace Rivera Clerk/Recorder, Pueblo County, Co
III l �' I; ILA III
DPW 103
1/6/04
2417233 09/08/2026 11:24:38 AM
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Candace Rivera Clerk/Recorder, Pueblo County, Co
1111 11111
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:
Lots 1-24 inclusive, Block 2
Lots 1-29 inclusive, Block 3
Lots 4-10 inclusive, Block 5
(b) Phase II shall consist of the following lots within the Subdivision:
Lots 1-23 inclusive, Block 1
Lots 1-19 inclusive, Block 4
Lots 1-3 inclusive, Block 5
Lots 1 & 2, Block 6
Lots 1-6 inclusive, Block 7
DPW 103
1/6/04
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Page. 1 of' 4 R 43.00 D 0.00 T 43.00
Candace Rtver`a Clerk/Recorder Puabtc County, CO
III � IVIV 1 11k1 1 X611 i k till
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this day of MLJ 0S! LOU ,by
NVH 1013 Development Ltd., , Grantor, to Pueblo, a Municipal Corporation, Grantee:
a Colorado Limited Liability Company
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 Sanitary Sewer, Public U00ty, Drainage in
through, over, under and across Grantor's property situated in Pueblo County, Colorado described in the attached
Exhibit "A" (the "Property").
Grantor shall install sanitary sewer mains, water mains, temporary drainage conveyance channels
(the "Facilities") in the Property in accordance with plans and specifications therefore approved by, and on file
with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair
and replace the Facilities.
Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and
replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15% from the
Grantor. For such purposes. Grantee is granted the right to enter upon the Property and adjoining property of
Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the
Grantee to any liability for such failure.
Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the
privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use
thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located
or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property
and full power to grant this easement and right-of-way, and (b) will defend Grantee's quiet and peaceful possession
of the Property and easement and right-of-way against all persons who may lawfully claim title to the Property.
"Grantee" shall include the plural and the feminine. This Easement and Right of Way shall be binding upon,
and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee.
SIGNED this ....,..day of l`
GRAN "
By:
David Resnick, Manager
DPW 110
10/04/23
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Candace Rivera Clerk/Recorder, Pueblo County, Co
rill 11 11AD,l�IrI111% 1111 � 1111
ACKNOWLEDGEMENT
(For a limited liability company)
STATE O'l �; ;,t r "� m`t ° )
ss.
COUNTY OF
acknowledged / a . by , � � .... r. ,ri name
The foregoinginstrument was before me this "
of manager(s)) as manager(s) of NVH 1013 Development Ltd (name of limited liability company) a
Colorado (state of organization), limited liability company.
Witness my hand and official seal.
My commission expires:.........,
(SEAL)
Notary Public (or official title)
E
Y SUZETTE BARRY
NOTARY PUBLIC
TE OF COLORADO
ARY ID 20234007982
ISSION EXPIRES 02/28/2027
DPW 110
10/04/23
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Candace Rivera C9er1IReo°rder, Puebla 'C°unty Co
®'III FI iI RI% b6°� Igo Tell r, 1 II
EXHIBIT "A"
TEMPORARY SANITARY SEWER, PUBLIC UTILITY, & DRAINAGE EASEMENT
LAND DESCRIPTION
A temporary easement for sanitary sewer, public utility, and drainage purposes located in the
northeast'/4 of Section 7, Township 20 South, Range 64 West of the 6' Principal Meridian, in the
County of Pueblo and State of Colorado, and being more particularly described as follows:
Considering the east line of the northeast '/4 of Section 8, Township 20 South, Range 64 West of
the 6`h Principal Meridian to bear N. 01°25'55" E. monumented on the south end with a found axle
and the north end with a 2-'/2" aluminum cap stamped with PLS. No. 16128, and all bearings
contained herein being relative thereto.
Beginning at the northeast corner of Lot 4, Block 2, North Vista Highlands Filing No. 11 recorded
March 03, 2026 at Reception No. 2399499 in the Pueblo County Records; thence N00°00'00"E, a
distance of 248.00 feet; thence tangent along the arc of a curve to the right whose radius is 230.00
feet, a distance of 361.28 feet; thence N90°00'00"E, a distance of 264.75 feet; thence
N00°00'00"E, a distance of 280.00 feet; thence N90°00'00"E, a distance of 284.99 feet; thence
S00°00'00"E, a distance of 60.00 feet; thence N90°00'00"W, a distance of 224.99 feet; thence
S00°00'00"W, a distance of 220.00 feet; thence N90°00'00"E, a distance of 370.00 feet; thence
S00°00'00"E, a distance of 60.00 feet; thence N90°00'00"W, a distance of 694.75 feet; thence
tangent along the arc of a curve to the left whose radius is 170.00 feet, a distance of 267.04 feet;
thence S00°00'00"E, a distance of 248.00 feet to the northeast terminus of Empire Drive in said
North Vista Highlands, Filing No. 11; thence N90°00'00"W along the northern line of Empire
Drive, a distance of 60.00 feet to the Point of Beginning.
Said Easement containing 2.43 acres, more or less
I, Michael L. Cuppy, being a licensed Professional Land Surveyor in the State of Colorado, do
hereby state that this land description and exhibit, being made a part hereof, were prepared under
my responsible charge and are accurate to the best of my knowledge, information, and belief.
Michael L. Cuppy
Colorado P.L.S. 38485
For and on Behalf of
NorthStar Engineering and Surveying, Inc.
June 03, 2026
JN 17 009 30 Page 1 of 2
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Candace Rivera C1erklRacorder» Pueblo Co nt+# Co
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2417235 09/08/2026 11:24:38 fi'1
Page: 1 of 4 R 43.00 0 0.00 T 43.00
Candace Rivera Cterk/R'ecorder, Pueblo County, Co
mill 1rof ' " 1161 41 �Iw'f 'I 4IhAk RI III
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this ] I day of __4.i S T,2C>LC, by
NVH 1013 Development Ltd., ,Grantor, to Pueblo, a Municipal Corporation, Grantee:
a Colorado Limited Liability Company
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 Drainage
through, over, under and across Grantor's property situated in Pueblo County, Colorado described in the attached
Exhibit "A" (the "Property").
Grantor shall install temporary drainage conveyance channels
(the "Facilities") in the Property in accordance with plans and specifications therefore approved by, and on file
with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair
and replace the Facilities.
Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and
replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15% from the
Grantor. For such purposes, Grantee is granted the right to enter upon the Property and adjoining property of
Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the
Grantee to any liability for such failure.
Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the
privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use
thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located
or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property
and full power to grant this easement and right-of-way, and (b) will defend Grantee's quiet and peaceful possession
of the Property and easement and right-of-way against all persons who may lawfully claim title to the Property.
"Grantee" shall include the plural and the feminine. This Easement and Right of Way shall be binding upon,
and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee.
SIGNED this,_... a'lay of .........
_.....
By: _..
David esnick, Manager
DPW 110
10/04/23
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Candace Rivera Clerk/Recorder, Puebla County, Co
1111 11111
ACKNOWLEDGEMENT
(For a limited liability company)
STATE OFu"C: _ ..
ss.
COUNTY OF t )
The forego(instrument was acknowledged before me this + '" by "reamµ^' . c_(name
of manager(s)) as manager(s) of _ NVH 1013 Development Ltd ( e of limited liability company) a
Colorado (state of organization), limited liability company.
Witness my hand and official seal.
My commission expires:
(SEAL)
Notary Public (or official title)
TACY SUZETTE �Ri .••.._" "
NOTARY PUf3l.iC
L
ATE OF COLORADO
TARY ID 20234gG7982
MISSION EXPIRE'.
/.20,7
DPW 110
10/04/23
2417235 09/08/2025 11:24:38 AM
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Candace Rivera Clerk/Reccrdar, Puebao CounkY, Cc
mill U1 III
EXHIBIT "A"
TEMPORARY DRAINAGE EASEMENT
LAND DESCRIPTION
A temporary easement for drainage purposes located in the northeast "r of Section 7, Township 20
South, Range 64 West of the 6th Principal Meridian, in the County of Pueblo and State of Colorado,
and being more particularly described as follows:
Considering the east line of the northeast 1/4 of Section 8, Township 20 South, Range 64 West of
the 6111 Principal Meridian to bear N. 01°25'55" E. monumented on the south end with a found axle
and the north end with a 2-'/2" aluminum cap stamped with PLS. No. 16128, and all bearings
contained herein being relative thereto.
Beginning at the northeast corner of Parcel "E", North Vista Highlands Filing No. 11 recorded
March 03, 2026 at Reception No. 2399499 in the Pueblo County Records; thence N90°00'00"W
along the north line of said Parcel "E", a distance of 60.00 feet; thence N00°00'00"E, a distance
of 207.00 feet; thence N36°45'53"E, a distance of 266.25 feet; thence 542°10'13"E, a distance of
175.66 feet; thence S28°37'25"E, a distance of 31.45 feet; thence along the arc of a curve to the
left whose center bears S28°37'25"E and whose radius is 230.00 feet, a distance of 54.38 feet;
thence N42°10'13"W, a distance of 121.82 feet; thence S36°45'53"W, a distance of 173.44 feet;
thence S00°00'00"E, a distance of 187.06 feet to the Point of Beginning.
Said Easement containing 0.794 acres, more or less
I, Michael L. Cuppy, being a licensed Professional Land Surveyor in the State of Colorado, do
hereby state that this land description and exhibit, being made a part hereof, were prepared under
my responsible charge and are accurate to the best of my knowledge, information, and belief.
Michael L. Cuppy
Colorado P.L.S. 38485
For and on Behalf of
NorthStar Engineering and Surveying, Inc,
June 03, 2026
JN 17 009 30 Page 1 of 2
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2417235 09/08/2026 "1124:38 AM
Rage: 4 of 4 R 43.00 D 0.00 T 43.00
Candace Rivera ClerkC/Recorder, Pueblo County, Co
X11I �" r W14 I I Ii klLL01 M'I AM ifi k iii
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2417236 09/08/2026 11:24:38 AM
Page: 1 of 4 R 43.00 D 0.00 7 43.00
Candace Rivera terk/Recor•dair, Pueblo County, Co
1111 itrial 1 " wN L" ir" rI 11
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this 11 .., ,dayof A v u 2.026
_. t... m....-> by
NVH 1013 Development nt', Ltd., Grantor, to Pueblo, a Municipal Corporation, Grantee:
a Colorado Limited Liability Company
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 a temporary turn around , in,
through, over, under and across Grantor's property situated in Pueblo County, Colorado described in the attached
Exhibit "A" (the "Property").
Grantor shall install a temporary turn around
(the "Facilities") in the Property in accordance with plans and specifications therefore approved by, and on file
with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair
and replace the Facilities.
Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and
replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15% from the
Grantor. For such purposes, Grantee is granted the right to enter upon the Property and adjoining property of
Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the
Grantee to any liability for such failure.
Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the
privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use
thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located
or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property
and full power o grant this easement and right-ot way �, and (b) will defend Grantee "s quiet and peaceful possession
of the Property and easement and right-of-way against all persons who may lawfully claim title to the Property.
"Grantee" shall include the plural and the feminine, This Easement and Right of Way shall be binding upon,
and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee.
SIGNED this.. ..... day ofm
GRAN
David R nick, Manager
DPW 110
10/04/23
2417236 09/08/2026 11:24:38 AM
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Candace Rivera Clerk/Recorder, Pueblo County, Co
mill ��"�""11�'al 'IMF°���"�� i I 1 4� iii
ACKNOWLEDGEMENT
(For a limited liability company)
STATE OF}
(7 ss.
COUNTY OF \ }
The foregoing instrument was acknowledged before me this ___ by
of manager(s)) as manager(s) of NVH 1013 Ceveloprnent Ltd
Colorado _(state of organization), limited liability company.
Witness my hand and official seal..
My commission expires: m e
(SEAL) t�
Notary Public (or official title).._
TACY SUZETTE.B...
E BARRY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20234007982
MV COMMISSION EXPIRES 02/28/2027
DPW 110
10/04/23
k. (name
(name of limited liability company) a
2417236 09/08/2026 11:24:38 AM
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Candace Rivera Clerk/Recorder, Pueblo County, Co
ill rjr1f'i,'jp 1 ' : i1 II
EXHIBIT "A"
TEMPORARY TURN AROUND EASEMENT
LAND DESCRIPTION
A temporary easement for turn -around purposes located in the northeast '/4 of Section 7, Township
20 South, Range 64 West of the 6' Principal Meridian, in the County of Pueblo and State of
Colorado, and being more particularly described as follows:
Considering the east line of the northeast '/4 of Section 8, Township 20 South, Range 64 West of
the 6th Principal Meridian to bear N. 0l02555 E. monumented on the south end with a found axle
and the north end with a 2-'/2" aluminum cap stamped with PLS. No. 16128, and all bearings
contained herein being relative thereto.
Beginning at the southwest corner of Lot 1, Block 1, in North Vista Highlands Filing No. 10
recorded at Reception No. _.. in the Pueblo County
Records; thence S00°00'00"E to a point on the north line of Lot 1, Block 7 in North Vista
Highlands Filing No. 10, a distance of 60.00 feet; thence S90°00'00"W along the north line of said
Lot 1, Block 7, a distance of 20.00 feet; thence along the arc of a curve to the right whose center
bears N54°45'56"W and whose radius is 52.00 feet, a distance of 262.77 feet; thence
N90°00'00"E, a distance of 20.00 feet to the Point of Beginning;
Said Easement containing 9,306 square feet, more or less
I, Michael L. Cuppy, being a licensed Professional Land Surveyor in the State of Colorado, do
hereby state that this lard description and exhibit, being made a part hereof, were prepared under
my responsible charge and are accurate to the best of my knowledge, information, and belief.
Michael L. Cuppy
Colorado P.L.S. 38485
For and on Behalf of
NorthStar Engineering and Surveying, Inc.
September 30, 2024
JN 17 009 30 Page 1 of 2
2417236 09/08/2026 11:24:38 AM
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Candace Rivera Clerk/Recorder, Pueblo County, Co
ill AY I' ' 11111
EXO9O9 2T' !G1
B 1 IY ®, 1__ _ __ 1 1-- 1�\ IY 1��' a l / ' A t
FJi i i vll— 1 11— f —I 1— L I1— 1 K® {s/ c _a Y
f_ kl_ 1 11`11%1 1 1 L_lI ,%/4 r
��.. .................... m,�.. ............... ._..........�, _. �..I
V / £_ \ 1 IL
I— II I I'!. —
R=52. 00'
D=28931'52
L=262.77'
90 00'00' E
60.00'
gyp...,— �.......
OW
TEMPOF
AROUNL L\JLIVILIN 1
LEGEND
P.O.B. POINT OF BEGINNING
P
R GAIL OF BEARINGS
E
P SCALE. ,IEAST LINE OF THE NE 1/4 OF SECTION 8,
A 4Q TOWNSHIP 20 SOUTH, RANGE 64 WEST
R 0 20' 40' 80, OF THE 6TH P.M.
E TO BEAR N 01'25'55" E
Drrrrr;
This ExHierr WAS NO PREPARED AS A
B MONUMENTED LIND SURVEY', AND WAS ONt.Y
Y' NORTHSI'AR ENCx O AND SURVEYII�TGI INC. D SCC I Oq DEPICT ThE A1TACWED LAND
I •—r1 11 IA •r'.%
I •L`_1 1 I__ I of Y 2 _ f
11-7 A 11
►\►1 1
1 Y1._II
li
TOTAL ACREAGE
9306.230 S.F.
0.214 ACRES
JN 17 009 30
PACE 2 OF 2
2417237 09/00/2020 1l2438 011
Page w I of 4 R 43.00 0 0.00 T 4300
Candace Rivera Clerk/Recorder, Pueblo County, Co
1111 RIF-1F " r'IwI I t III i
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this 1 i day of4- 4v 55 Z . by
NVH 1013 Development Ltd., Grantor, to Pueblo, a Municipal Corporation, Grantee.
a Colorado Limited Lability Company
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 oftemporary turn around a , in,
v.
through, over, under and across Grantor's property situated in Pueblo County, Colorado described in the attached
Exhibit "A" (the "Property").
Grantor shall install a temporary turn around
(the "Facilities") in the Property in accordance with plans and specifications therefore approved by, and on file
with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair
and replace the Facilities.
Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and
replace the Facilities and recover all costs and expenses thereof plus art administrative charge of 15% from the
Grantor. Fm such purposes, Grantee is granted the right to enter upon the Property and adjoining property of
Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the
Grantee to any liability for such failure.
Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the
privilege above, granted and which will not interfere with or endanger any equipment or facilities therein or use
thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located
or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property
and full power to grant this casement and right-of-way, and (h) will defend Grantee's quiet and peaceful possession
of the Property and casement 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 thisday of
k �
GR
By:,
David esnicMc, lNanappdr
DPW 110
10/04/23
2417237 09/08/2026 11:24:38 AM
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Candace Rivera ClerklRecorder, Pueblo County Co
��ii d�, '+�`> r � �ir i *r 'd N��" ° " r"I ` 14111 iii
ACKNOWLEDGEMENT
(For a limited liability company)
STATE Ol...,:, !e
ss.
COUNTY OF ,„ L ie.4fL )
The foregoing instrument was acknowledged before me this 4i/zz b ..„ a' (name
g g gby
of manager(s)) as manager(s) of NVH 1013 Development Ltd (name of limited liability company) a
Colorado (state of organization), limited liability company.
Witness my hand and official seal.
My commission expires: �)
(SEAL
) W
),.
( Public (or official title) � x
TACY SUZETTE BARRY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 10 20234007982
MY COMMISSION EXPIRES 02/28/2027
DPW 110
10/04/23
2417237 09/08/2026 11:24:38 AM
Page: 3 of 4 R 43.00 D 0.00 T 43.00
Candace Rivera Clerk/Recorder, Pueblo Couiy, , Co
III III
EXHIBIT "A"
TEMPORARY TURN AROUND EASEMENT
LAND DESCRIPTION
A temporary easement for turn -around purposes located in the northeast'/4 of Section 7, Township
20 South, Range 64 West of the 6th Principal Meridian, in the County of Pueblo and State of
Colorado, and being more particularly described as follows:
Considering the east line of the northeast 1/4 of Section 8, Township 20 South, Range 64 West of
the 6th Principal Meridian to bear N. 01°25'55" E. monumented on the south end with a found axle
and the north end with a 2-1/2" aluminum cap stamped with PLS. No. 16128, and all bearings
contained herein being relative thereto.
Beginning at the southwest corner of Lot 6, Block 7, in North Vista Highlands Filing No. 10
recorded at Reception No. in the Pueblo County
Records; thence S00°00'00"E to a point on the north line of Lot 1, Block 6 in North Vista
Highlands Filing No. 10, a distance of 60.00 feet; thence S90°00'00"W along the north line of said
Lot 1, Block 6, a distance of 20.00 feet; thence along the arc of a curve to the right whose center
bears N54°45'56"W and whose radius is 52.00 feet, a distance of 262.77 feet; thence
N90°00'00"E, a distance of 20.00 feet to the Point of Beginning;
Said Easement containing 9,306 square feet, more or less
I, Michael L. Cuppy, being a licensed Professional Land Surveyor in the State of Colorado, do
hereby state that this land description and exhibit, being made a part hereof, were prepared under
my responsi!J id are accurate to the best of my knowledge, information, and belief.
A'o0 Li
38485rAO
CAL L
Michael L. Cuppy
Colorado P.L.S. 38485
For and on Behalf of
NorthStar Engineering and Surveying, Inc.
September 30, 2024
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Candace Rivera C1erk/Recorder, Pueblo, County: Co
mill JFI! I I IIJ' I*H 11111
Xll/ll/Ell 7J,R
R=52. 00'
D=289'31
L=262.77'
TEMPORARY TURN-
AROUND EASEMENT
I-11—\ — I 1
1 / T \ -1- A4 F 14,e—
-Ii iI II I'iNII I
J... 1__ 1 f ek L,._ 1 W' LJ N %
1-
≥
q
N90 -00'00"E?
20.00'
P4RCE L 'F"
NL7RTH /T'c" l HIGHLAN
i Ti TtJ�, Mn 7
% 00'00'00'E
�
el
' �ll_K° 11. Pitt e r.o .
n
60.00'
x'90O0'00'W°
20.00'
R 1 ..
°ii ii/'k'
K'
✓
LEGEND I
P.O.B. POINT OF BEGINNING
P
R BASIS OF BEARINGS
A '
p _ 40, EAST LINE OF THE NE 1/4 OF SECTION 8,
A SCALE: 1
TOWNSHIP 20 SOUTH, RANGE 64 WEST
R 0 20' 40" 80' OF THE 6TH P.M.
E
TO BEAR N 01'25°55°' E
D rwwMwl_______�IwIII� fig:
THIS EXHIBITEXHIBITWAS NOT PREPARED AS A
B
MONUMENTED LAND SURVEY, AND WAS ONLY
PREPARED TO DEPICT THE ATTACHED LAND
NORTHSIAR ENG G AND SURVEYING, INC. DESCRIPnON.
TOTAL ACREAGE
9306.230 S.F.
0.214 ACRES
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Candace Rivera CkerkIReraardar Pueblo County Co
milii iii
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this rt ( day o(' .4 Z c">2 6 by
NVH 1013 Development Ltd., ,Grantor, to Pueblo, a Municipal Corporation, Grantee:
a Colorado Limited LiabiUty Company
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 a temporary turnaround in,
through, over, under and across Grantor's property situated in Pueblo County, Colorado described in the attached
Exhibit "A" (the "Property").
Grantor shall install a temporary turn around
(the "Facilities") in the Property in accordance with plans and specifications therefore approved by, and on file
with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair
and replace the Facilities.
Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and
replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15% from the
Grantor. For such purposes, Grantee is granted the right to enter upon the Property and adjoining property of
Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the
Grantee to any liability for such failure.
Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the
privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use
thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located
or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property
and full power to grant this easement and right-offway, and. (b) will defend Grantee's quiet and peaceful possession
of the Property and easement and right-of-way against all persons who may lawfully claim title to the Property.
"Grantee" shall include the plural and the feminine. This Easement and Right of Way shall be binding upon,
and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee.
SIGNED this day o i'l ...
GRANT -;
By:�"
David Resnr k, Manager
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Candace Rivera Clerk/Recorder, Pueblo County CO
mill ��.r � r "4 r" U11 � � Ih J: v *1111
ACKNOWLEDGEMENT
(For a limited liability company)
STATE OF fC fq df (
> ss.
COUNTY OF cl„ f
,
The foregoing instrument was acknowledged before me this I
by £ k(name
of manager(s)) as manager(s) of NVH 1013 Development Ltd (name of limited liability company) a
Colorado (state of organization), limited liability company.
Witness my hand and official seal.
My commission expires:
(SEAL)
Notary Public (or official title)
NOTARY PUBLIC
STATE OF COLORADO
NOTARY Ili 20234007982
MY er,
MMISSJoN EXPIRES 02/28/2027
DPW 110
10/04/23
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Candace Ra era Clerk /Re°order , Pueblo C°ua-wty °
ill 1 II1
EXHIBIT "A"
TEMPORARY TURN AROUND EASEMENT
LAND DESCRIPTION
A temporary easement for turn -around purposes located in the northeast 1/4 of Section 7, Township
20 South, Range 64 West of the 61h Principal Meridian, in the County of Pueblo and State of
Colorado, and being more particularly described as follows:
Considering the east line of the northeast 1/4 of Section 8, Township 20 South, Range 64 West of
the 6th Principal Meridian to bear N. 01°25'55" E. monumented on the south end with a found axle
and the north end with a 2-1/2" aluminum cap stamped with PLS. No. 16128, and all bearings
contained herein being relative thereto.
Beginning at the west corner of Parcel "D" in North Vista Highlands Filing No. 10 recorded
at Reception No. in the Pueblo County Records; thence
along the arc of a curve to the right whose center bears N37°55'54"W and whose radius is 230.00
feet, a distance of 34.88 feet; thence along the arc of a curve to the right whose center bears
N78°31'30"W and whose radius is 52.00 feet, a distance of 262.35 feet; thence along the arc of a
curve to the left whose center bears N3 1°06'19"W and whose radius is 170.00 feet, a distance of
20.25 feet to a point on the southeast line of Lot 2, Block 6, in North Vista Highlands Filing No.
10; thence S37°55'54"E, a distance of 60.00 feet to the Point of Beginning;
Said Easement containing 9,753 square feet, more or less
I, Michael L. Cuppy, being a licensed Professional Land Surveyor in the State of Colorado, do
hereby state that this land description and exhibit, being made a part hereof, were prepared under
my responsibl/charge and are accurate to the best of my knowledge, information, and belief.
Michael L. Cuppy
Colorado P.L.S. 38485
For and on Behalf of
NorthStar Engineering and Surveying, Inc.
September 30, 2024
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Candace Rivera C1erklReaorder , Puab1,o County, Co
liii ii iii
/EX/IIll/I3ll
/ i
/ r 1l I\ -I- I I / r t -r A I I r r- I I I A w I �l
wi_II'. i I V I I I I I i i` ihii_ii iwI �J
1 T I T A l? II- A 11
I— 1 1 1 111 I'11 1 ; I';
r \._ r L_I 1 i rP
J1 ,y i
.2. \ R=?70000' /
=_S D=06.49135.. a,N•.
L=20.25'"
N31_O9"W
D 289O4'04'' %i ,� �i % S375554"E
L=262.35'%r/a ,/,jj /%,
��' �/i / �/ ifr%� ��j/ i /j 60.00'
rr, i/l/f� ✓� r� i7, f/ �/, �//r �/ l�
R=230. 00'
D0841'18"L=34.88"
N78°31`30W
TEMPORARY TURN-
AROUND EASEMENT
TOTAL ACREAGE
LEGEND
9752.970 S.F.
P.O.B. POINT OF BEGINNING
0.224 ACRES
P
R
E
BASISOF DEARANGS
A SCALE: 1"= 40' EAST LINE OF THE NE 1/4 OF SECTION
8,
R TOWNSHIP 20 SOUTH, RANGE 64 WEST
0 20' 40 80
E OF THE 6TH P.M.
D
TO BEAR N. 01°25'55°' E.
NQIL
DCHIBfT WAS NOT PREPARED AS A
B
MONUMENIED LAND SURVEY. AND WAS ONLY
NQ'I'AR ENGINEERING AND SURVEYING, INC.
�
PREPARED TO DEPICT THE ATTACHED LAND
DESCRIPTION.
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