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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 2417228 @9/08/2026 11:24:38 AM Page: 1 of 4 R 43.00 D 0.00 T 43.00 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 Page: 4 of 4 R 43.00 D 0.00 T 43.00 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 Page: 1 of 1 R 43.00 D 0.00 T 43.00 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 Page: 1 of 1 R 43.00 D 0.00 T 43.00 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 Page: 1 of 19 R 43.00 D 0.00 T 43.00 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 2417232 09/08/2026 11:24:38 AM Page: 2 of 19 R 43.00 D 0.00 T 43.00 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. DPW 101 August 2019 2417232 09/08/2026 11:24:38 AM Page: 3 of 19 R 43.00 D 0.00 T 43.00 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 DPW 101 August 2019 2417232 09/08/2026 11:24:38 AM Page: 4 of 19 R 43.00 D 0.00 T 43.00 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 DPW 101 4 August 2019 2417232 09/08/2026 1i:2438 AM Page: 5 of 19 R 43.00 0 0.00 7 43.00 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. DPW 101 August 2019 2417232 09/08/2026 11:24:38 AM Page: 6 of 19 R 43.00 D 0.00 T 43.00 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 DPW 101 6 August 2019 Public Li City Attorney 2417232 09/08/2026 11:24:38 AM Page: 7 of 19 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co mill iI II1 DPW 101 August 2019 2417232 09/08/2026 1i2438 M Page : 8�f 19 R43.001!0.00T43.00 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; 2417232 09/08/2025 11:24:38 All Page : 9 of 19 R 43.00 D 0.00 7 43.00 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. 2417232 09/08/2026 11:24:38 AM Page: 10 of 19 R 43.00 D 0.00 T 43.00 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 2417232 09/08/2026 11:24:38 AM Page: 11 of 19 R 43 00 D 0.00 T 43.00 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 2417232 09/08/2026 11:24:38 AM Page: 12 of 19 R 43.00 D 0.00 T 43.00 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 Page: 3 of 3 R 43.00 D 0.00 T 43.00 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 2417234 ge/08/2026 1124:3S PM 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 2417234 @9/08/2026 11:24:38 AM Page: 2 of 4 R 43.00 D 0.00 T 43.00 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 2417234 08/08/2026 11.24:38 AM Page: 3 of 4 R 43.00 D 0.00 T 4300 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 V O 0 3AIda ID21 a3ddE 3 ° „� O o� C_, cw�r CStO J tl tl r O - n �.,r .� d� � U1 a O •`'. rte., y^r� N. O . i„ .+� N t Sw U CA � y N.'I,- v ro i - ' O i -y I r yw Iliul 000 t a 91 RI II cam O�N O _ 0--- \ II �a� o 2417234 09/08/2026 11:24:38 RM Page: 4 of 4 R 43@0 D 0.00 T 43.00 Candace Rivera C1erklRacorder» Pueblo Co nt+# Co mill ��VI VI �I I ° "�I LSO 1, 4 11111 an (< 1 C� 5 rL� C1`r carer ,g+w, V < 0 IN z 0w` (n* U) 'tO N O W O Z W W UJ m En (n o N OE W d Z= F= - J (n (O Z O 2 H H ,OO.OQS I 3AIdQ 321IdW3 00,00N a,, q 0 y X/ LO W II L; O a a4paala4r�A aaSy U- 0 N w a- 0 M 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 2417235 09/08/2026 11:24:38 AM Page: 2 of 4 R 43.00 D 0.00 T 43.00 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 Page: 3 f' 4 R 43.00 D 0.00 T 43.00 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 V \- 1 \ 321IdW3 u ov om oa rti , uy, Z� W 0w` W3(n N LO , tD N 0 O -<Z w Z~ m 9 m o o LL O N W d Z= H J V Z � 0 2 OpOO� O O ^ ON O 2 � p 0-.. ... ......., ..,....... o,. IF.13 A � 7 1 N3I?l0 II O 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 4. rr S LL 0 N Lil C7 Ll 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 Page: 2 of 4 R 43.00 D 0.00 T 43.00 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 Page: 3 of 4 R 43.00 D 0.00 T 43.00 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 Pag: 4 of 4 R 43.00 D 0.00 T 43.00 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 Page: 2 of 4 R 43,00 D 0.00 T 43,00 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 JN 17 009 30 Page 1 of 2 2417237 09/08/2026 11.24:38 AM Page: 4 of 4 R 43.00 D 0.00 T 43.00 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 JN 17 009 30 PAGE 2 OF 2 2417238 09/08/2026 11:2438 AM Page: 1 of 4 R 43.00 0 0.00 T 43.00 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 DPW 110 10/04/23 2417238 03/08/2026 11 24:38 All Page: 2 of 4 R 43.00 0 0 00 T 4300 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 2417238 0/08/2026 11:2.4:38 AMM. Bugs'. 3 of 4 R 43.00 D 0.00 i 43. 0 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 JN 17 009 30 Page 1 of 2 2417238 09/08/2028 11:24:38 AM Page: 4 of 4 R 43,00 0 0,00 T 43.00 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. JN 17 009 30 PAGE 2 OF 2