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HomeMy WebLinkAbout10828 2379359 07/17/2025 09:55:14 RIB Docusign Envelope ID.F77B5BE0-69A7-488D-8C87-3CO27A9B779A PagIIIe: 1 e 4300 d0.OPb o3 00 Rivera CrR e Pueblo County, t y, Co kirA11 1�'Clerk/Recorder, i 1111 II I ORDINANCE NO. 10828 AN ORDINANCE APPROVING THE NORTH VISTA HIGHLANDS, FILING NO. 12 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the North Vista Highlands, Filing No.12 Subdivision, being a subdivision of land legally described as: A portion of Parcels "0" and "Q", 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 '/. 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-Y2" aluminum cap stamped with PLS. No. 16128, and all bearings contained herein being relative thereto. Beginning at the Center corner of Section 7, Township 20 South, Range 64 West of the 6th P.M., said point also being on the southern boundary of said Parcel "O", in North Vista Highlands, Filing No. 7; thence S89°32'10"W, a distance of 574.98 feet; thence NO2°57'44"E, a distance of 113.88 feet; thence N35°07'44"E, a distance of 235.15 feet; thence N08°08'01"W, a distance of 41.63 feet; thence N43°59'53"E, a distance of 856.65 feet; thence S45°48'58"E, a distance of 212.92 feet; thence N45°30'12"E, a distance of 520.00 feet; thence S44°29'48"E, a distance of 432.92 feet; thence S35°21'14"E, a distance of 60.00 feet; thence along the arc of a curve to the right whose radius is 170.00 feet and whose center bears S35°21'14"E, a distance of 11.72 feet; thence S25°32'22"E, a distance of 131.13 feet; thence S63°06'30"W, a distance of 16.05 feet; thence along the arc of a curve to the left whose radius is 340.00 feet, a distance of 96.45 feet; thence S45°30'12"W, a distance of 179.18 feet; thence S44°29'48"E, a distance of 170.00 feet; thence N45°30'12"E, a distance of 10.42 feet; thence S44°29'48"E, a distance of 21.43 feet; thence S80°54'16"E, a distance of 50.64 feet; thence N90°00'00"E, a distance of 520.00 feet; thence N00°00'00"E, a distance of 10.31 feet; thence N90°00'00"E, a distance of 456.27 feet to a point on the western boundary 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 S01°31'52"E along the western boundary of said Parcel "B", a distance of 371.12 feet to a point on the east-west centerline of said Section 7; thence S89°30'31"W along said east-west centerline, a distance of 2041.81 feet to the Center corner of Section 7 and the Point of Beginning; Ei. Containing 37.015 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. 2379359 07/17/2025 09:55:14 AM Docuslgn Envelope ID F7785BE0-69A7-488D-8C87-3CO27A9B779A Page: 2 of 3 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co III W11rjIiiiililiJiM4111 i l'i N:6411:11. l'Crl'V.Viiiiiii iki 111111 SECTION 2. The acceptance of such dedicated streets, rights-of-way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights-of-way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this Ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this Ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this Ordinance or in the City's subdivision Ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado 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. mmomilmor 2379359 07/17/2025 09:55:14 AM Docusign Envelope ID F77B5BE0-69A7-488D-8C87-3CO27A9B779A Page: 3R of eraa Clerk/Recorder,43.00 D 0 00 T 43.00 County: Co lIII I lr l:' i 'iinillittiCliii,V wJpOOFt,'LYIyi, 11IIII 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. —DacuSipnedby: itwf President o"—Cty GoABc i Action by the Mayor: ❑ Approved on 10/29/2024 1 5:44 PM MDT ❑ Disapproved on based on the following objections: 8ryn.J b,. Ltc . dl,me2 Mayor Action by City Council After Disapproval by the Mayor: ❑ Council did not act to override the Mayor's veto. 0 Ordinance re-adopted on a vote of , on ❑ Council action on failed to override the Mayor's veto. President of City Council 0 ATTEST Slgnedby•paosa. O44 . ' to ` /10 Deputy City Cler t! • • r+ I, r,�,�rr�7 y�• O4rPoRATti9 ORDINANCE NO. 10828 AN ORDINANCE APPROVING THE NORTH VISTA HIGHLANDS, FILING NO. 12 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the North Vista Highlands, Filing No.12 Subdivision, being a subdivision of land legally described as: A portion of Parcels "O" and "Q", 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 ¼ of Section 8, Township 20 South, Range 64 West axle and the north end with a 2- bearings contained herein being relative thereto. th Beginning at the Center corner of Section 7, Township 20 South, Range 64 West of the 6 curve to the right wh 16.05 feet; thence along the arc of a curve to the left whose radius is 340.00 feet, a distance of 4 according to the plat thereof as filed for record on December 21, 2021 at Reception No. 2257458 in the Pueblo County Records; thence -west centerline of said Section 7; thence S8-west centerline, a distance of 2041.81 feet to the Center corner of Section 7 and the Point of Beginning; Containing 37.015 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 enf 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 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-l0-l0l, 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. ____________________________ President of City Council Action by the Mayor: Approved on _______________. 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 _____________ ____________________________ President of City Council ATTEST ________________________________ Deputy City Clerk City Clerk's Office Item # S3 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. 12 SUBDIVISION SUMMARY: The applicant is requesting to subdivide 37.015-acres into single-family residential lots, open space, park, and future development parcels generally located north of Castor Drive 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-24-02 NVH Filing No.10, S-24-03 NVH Filing No.11, and S-24-05 NVH Filing No.13 BACKGROUND: The subject property is located north of Castor Drive and south of the future western extension of Home of Heroes Parkway. The proposed subdivision divides the property into 124 single-family residential lots, three parcels reserved for drainage, open space, pedestrian, trail, landscape, 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 1.53-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 13,930 sq. ft., with varying lot widths. The North Vista PUD requires lot widths between 36-59 feet to have 20-foot front-yard setback, lots with widths between 60-75 feet wide 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 allow the setbacks to vary creating an irregular appearance from the street. The PUD Development Guide requires a 40-foot buffer between the North Vista development and the existing single- family residences in the University Park and Walking Stick Vista Subdivisions. The North Vista PUD Development Guide includes extensive regulations and guidance for Park dedication to ensure that 7.5 acres of park is provided for each 1,000 residents. The PUD requires the subdivider to dedicate .0075 acres of land as District Park and .015 acres as Neighborhood Park with each residential subdivision (Sectio 7.7.2.3, North Vista Master Plan, Planned Unit development, First Amendment). The applicant is requesting to include 40-percent of the total area of Parcels B and D as park dedication. The proposed neighborhood park in Parcel C (1.53 acres), which will be developed with this subdivision, combined with the trail and open space parcels exceeds the required 1.58 acres of required park area FINANCIAL IMPLICATIONS: 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: 1. S-24-04 NVH 12 Complete Attachments 2379361 07/17/2025 09:55:14 AM i7 Page: 1 of 17 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co III INrAV Ilhy lkVOiC'NOIOClMMCNIWvh II II SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on JuL.y Q9 , 2OZS , between the CITY OF PUEBLO, a Municipal Corporation ("City"), and NVH 1013 Development, Ltd, a Colorado Limited Liability Company ("Subdivider"). RECITALS WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit"A"; and WHEREAS, the Subdivider, as a condition of approval of the final plat of North Vista Highlands, Filing No. 12 ("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 August 2019 : ti.: 2379361 07/17/2025 09:55:14 AM Page: 2 of 17 R 43.00 D 0.00 T 43.00 • Candace Rivera Clerk/Recorder. Pueblo County, Co FIJ11111111111110hn 111d1141kilire3911'Y�sh 111111 collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the"deposit". 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25%of such estimate plus the cost of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer to the proposed building site. In any case where the block, as later defined, exceeds one thousand(1000') feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted Required Public Improvements in at least one half(1/2) of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider,however, shall provide a turnaround of at least sixty(60') feet in diameter at the mid-block point and barricade such street so that no through traffic shall be permitted beyond the point to which the estimate of Director of Public Works is based. 4. Within one hundred eighty(180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recent proposed site and existing improvements. 5. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition,the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be a lien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. 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 2 August 2019 2379351 07/17/2025 09:55:14 AM Page: 3 of 17 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co 111111 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 3 August 2019 2379361 07/17/2025 09:55:14 AM Page: 4 of 17 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co 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 2379361 07/17/2025 09:55:14 AM Page: 5 of 17 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co li11 I rrlinhr���4"11111 INKI«'Iiik Ill III 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 5 August 2019 2379361 07/17/2025 09:55:14 AM . Page: 6 of 17 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co 11111 NP'111,1?11094Wi!'Y 41.61ahik1141E 14111/114 /1111 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. NVH 1013 Development, Ltd, a Colorado Limited Liability Company Subdivider (� _�P 1 ( ) 0 (SEAL) By: By: David Resnick, Manager The foregoing instrument was acknowledged before me on J 41 C f1 �1 S , , by Ve,,v; R e S fr1►LAC , Subdivider. My commission expires: Oil I 18 )2021 ./r.-- RILEY DUANE MARLER Notary Public NOTARY PUBLIC STATE OF COLORADO CITY OF PUEBLO a Municipal Corporation NOTARY ID 20254015587 MY COMMISSION EXPIRES 04/18/2029 By: ayor of Pueblo, Colorado ATTEST: ..4]__ City CI STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The fore in instrument was acknowledged before met 's A.S.— day f by Q a- , as Mayor f Pu o, Colorado, and,rza G.C_/C. as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. My commission expires: /04122 7 EilOTA Sample NOTARY PUBLIC Z4-4- [ SEAL] jaAl STATE 20074038010R0 Notary Public NOTARY ID ID# MY COMMISSION EXPIRES 10-10-2027 APPROVED AS TO FORM: DPW 101 August 2019 2379361 07/17/2025 09:55:14 AM Page: 7 of 17 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co III WlrArnIll iCil'0Gi1/F i1NRININ161 Y1,Y), II III City Attorney DPW 101 7 August 2019 2379361 07/17/2025 09:55:14 AM Page: 8 of 17 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co 1111 PlidinVIIII I AiP;4L�!OhlIINVINAII�i�Y4��� ill III Exhibit A North Vista Highlands Filing No. 12 Land Description A parcel of land located in the South one-half of the North one-half of Section 7, 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: A portion of Parcels "O" and "Q", 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 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" aluminum cap stamped with PLS. No. 16128, and all bearings contained herein being relative thereto. Beginning at the Center corner of Section 7, Township 20 South, Range 64 West of the 6th P.M., said point also being on the southern boundary of said Parcel"0", in North Vista Highlands, Filing No. 7; thence S89°32'10"W, a distance of 574.98 feet; thence NO2°57'44"E, a distance of 113.88 feet; thence N35°07'44"E, a distance of 235.15 feet; thence N08°08'01"W, a distance of 41.63 feet; thence N43°59'53"E, a distance of 856.65 feet; thence S45°48'58"E, a distance of 212.92 feet; thence N45°30'12"E, a distance of 520.00 feet; thence S44°29'48"E, a distance of 432.92 feet; thence S35°21'14"E, a distance of 60.00 feet; thence along the arc of a curve to the right whose radius is 170.00 feet and whose center bears S35°21'14"E, a distance of 11.72 feet;thence S25°32'22"E, a distance of 131.13 feet;thence S63°06'30"W, a distance of 16.05 feet; thence along the arc of a curve to the left whose radius is 340.00 feet, a distance of 96.45 feet;thence S45°30'12"W, a distance of 179.18 feet; thence S44°29'48"E, a distance of 170.00 feet; thence N45°30'12"E, a distance of 10.42 feet; thence S44°29'48"E, a distance of 21.43 feet; thence S80°54'16"E, a distance of 50.64 feet; thence N90°00'00"E, a distance of 520.00 feet; thence N00°00'00"E, a distance of 10.31 feet; thence N90°00'00"E, a distance of 456.27 feet to a point on the western boundary 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 S01°31'52"E along the western boundary of said Parcel"B", a distance of 371.12 feet to a point on the east-west centerline of said Section 7; thence S89°30'31"W along said east-west centerline, a distance of 2041.81 feet to the Center corner of Section 7 and the Point of Beginning; Containing 37.015 acres, more or less. 2379361 07/17/2025 09:55:14 AM Page: 9 of 17 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co III KM:u�1,;F��rii�'��I+�k���'Ft+�tiltiit haIli 11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"0" SUBDIVISION NAME: NORTH VISTA HIGHLANDS,FILING NO. 12 JN 1700930 North Vista Pueblo Land Investment,LLC,a Colorado DEVELOPER: Limited Liability Company ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. intorlIIIB STREETS 5"Asphalt over 6"Base Course 3943 SY @ $49.00 /SY = $193,208 Curb and Gutter 1988 LF @ $36.00 /LF = $71,553 Handicap Ramp 190 SF @ $23.00 /SF $4,368 Tactile bands 6 EA © $453.00/EA $2,718 Sidewalk 1255 SF @ $7.00/SF $8,785 Landscape Area(Tree Yard) 750 SF @ $3.60/SF $2,700 7"Concrete(Pans) 0 SF @ $19.00 /SF $0 WATER 8"PVC Water Main 0 LF @ $103,00 /LF = $0 12" PVC Water Main 1044 LF @ $113,00 /LF = $118,004 Services Lines(60'ROW) 25 EA @ $1,311,00 /EA = $32,775 Fire Hydrant Assembly 1 EA @ $9,938.00/EA = $9,938 NTARX...SEWER; 8"PVC Sewer Main 0 LF © $103.00/LF = $0 15"PVC Sewer Main 1035 LF @ $123.00/LF = $127,305 Services Lines(60'ROW) 25 EA @ $1,847.00/EA = $46,175 48"Sanitary Manhole 6 EA @ $9,728.00 /EA = $58,368 Flowable Fill(CLSM) 3 CY @ $198.00 /CY = $594 QR W & 15"ADS HP Storm 28 L.F. @ $125.00 /LF = $3,500 18"ADS HP Storm 115 L.F. @ $136.00/LF = $15,640 30"ADS HP Storm 520 L.F. @ $165.00/LF = $85,800 36"ADS HP Storm 85 L.F. @ $173.00/LF = $14,705 30"ADS HP Storm Plug 1 EA © $3,000.00/EA = $3,000 48"Manhole 1 EA @ $11,000.00/EA = $11,000 60"Manhole 2 EA @ $12,914.00/EA = $25,828 72" Manhole 1 EA @ $16,000.00 /EA = $16,000 Double Type 16 Inlet 3 EA @ $24,473.00/EA = $73,419 Type R Inlet(10'Length) 1 EA @ $26,000.00 /EA = $26,000 Type R Inlet(15'Length) 2 EA @ $32,000.00/EA = $64,000 Flowable Fill(CLSM) 5 CY @ $198.00/CY = $990 STREET UGHT 5 EA @ $4,018.00/EA = $20,090 MONUMENT BOX 6 EA @ $1,273.00/EA = $7,638 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 2 EA @ $1,608.00 /EA = $3,216 SUBTOTAL $1,050,736 2379361 07/17/2025 09:55:14 AM Page: 10 of 17 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co 1111 PidVf ei, VI.'I t 1 YIyi, 11111 Telluride Drive STREETS 5"Asphalt over 6"Base Course 2676 SY @ $49,00 /SY = $131,115 Curb and Gutter 1240 LF @ $36,00 /LF = $44,640 Handicap Ramp 180 SF @ $23.00 /SF $4,140 Tactile bands 2 EA @ $453.00 /EA $906 Sidewalk(Storm Chase) 205 SF @ $14.00 /SF $2,870 Landscape Area(Tree Yard) 230 SF @ $3,60/SF $828 7"Concrete(Pans) 0 SF @ $19.00 /SF $0 w IeR B"PVC Water Main 640 LF @ $103.00 /LF = $65,920 12" PVC Water Main 0 LF @ $113.00 /LF = $0 Services Lines(60'ROW) 29 EA @ $1,311.00/EA = $38,019 Fire Hydrant Assembly 1 EA @ $9,938.00/EA = $9,938 SmIII.m-5EY1lm 8"PVC Sewer Main 584 LF @ $103.00 /LF = $60,152 16"PVC Sewer Main 0 LF @ $123.00 /LF = $0 Services Lines(60'ROW) 29 EA @ $1,847.00 /EA = $53,563 48"Sanitary Manhole 2 EA @ $9,728.00 /EA = $19,456 Flowable Fill(CLSM) 0 CY @ $198.00 /CY = $0 15"ADS HP Storm 0 L.F. @ $125.00 /LF = $0 18"ADS HP Storm 31 L.F. @ $136.00 /LF = $4,216 24"ADS HP Storm 0 L.F. @ $152.00 /LF $0 42"ADS HP Storm 396 L.F. @ $195.00 /LF = $77,220 72"Manhole 1 EA @ $16,000.00 /EA = $16,000 Double Type 16 Inlet 1 EA @ $24,473.00 /EA = $24,473 Type R Inlet(15'Length) 0 EA @ $32,000.00 /EA = $0 Flowable Fill(CLSM) 0 CY @ $198.00 /CY = $0 STRE ,LIGHT 3 EA @ $4,018.00 /EA = $12,054 MONUMENT BOX 1 EA @ $1,273.00 /EA = $1,273 ,SIGNAL +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 $571,139 2379361 07/17/2025 09:55:14 AM Page: 11 of 17 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co i11111 i11111P,i 4F0 iPSi�illY,5 i,111,1,00111t1,101iiiii, 111111 Goldfield Drive STREETS 5"Asphalt over 6"Base Course 2955 SY @ $49.00 /SY = $144,776 Curb and Gutter 1459 LF @ $36.00 /LF = $52,525 Handicap Ramp 127 SF @ $23.00 /SF $2,912 Tactile bands 4 EA @ $453.00 /EA $1,812 Sidewalk 560 SF @ $7.00 /SF $3,920 Landscape Area(Tree Yard) 730 SF @ $3.60 /SF $2,628 7"Concrete(Pans) 464 SF @ $19.00 /SF $8,816 AATIR 6"PVC Water Main 235 LF @ $103.00/LF = $24,205 8"PVC Water Main 545 LF @ $103.00/LF = $56,135 12"PVC Water Main 0 LF @ $113.00/LF = $0 Services Lines(60'ROW) 21 EA @ $1,311,00 /EA = $27,531 Fire Hydrant Assembly 2 EA @ $9,938.00/EA = $19,876 G.AdIZAf3YEMIl Ri 8"PVC Sewer Main 785 LF @ $103.00 /LF = $80,855 16"PVC Sewer Main 0 LF @ $123.00 /LF = $0 Services Lines(60'ROW) 21 EA @ $1,847.00 /EA = $38,787 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. (o $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(15'Length) 0 EA @ $32,000.00 /EA = $0 Flowable Fill(CLSM) 0 CY @ $198.00/CY = $0 STREET I,I HT 4 EA @ $4,018.00/EA = $16,072 MONUMENT BOX 5 EA @ $1,273.00/EA = $6,365 SLGlE 4-Way Intersection 1 EA @ $2,280.00/EA = $2,280 T Intersection 1 EA @ $1,140.00/EA = $1,140 16'Wide Barricades 2 EA @ $1,608.00 /EA = $3,216 SUBTOTAL $532,762 2379361 07/17/2025 09:55:14 AM Page: 12 of 17 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co 1111 $tunner Drfv STREETS 5"Asphalt over 6" Base Course 4505 SY @ $49.00/SY = $220,741 Curb and Gutter 2334 LF @ $36.00 /LF = $84,024 Handicap Ramp 63 SF @ $23.00 /SF $1,456 Tactile bands 2 EA @ $453.00 /EA $906 Sidewalk 1437 SF @ $7.00 /SF $10,059 Landscape Area(Tree Yard) 1870 SF @ $3.60 /SF $6,732 7"Concrete(Pans) 928 SF @ $19.00 /SF $17,632 YOUR 8" PVC Water Main 1198 LF @ $103.00 /LF = $123,394 12"PVC Water Main 0 LF @ $113.00 /LF = $0 Services Lines(60'ROW) 36 EA @ $1,311.00 /EA = $47,196 Fire Hydrant Assembly 2 EA @ $9,938.00 /EA = $19,876 NITARY ES WER. 8"PVC Sewer Main 1115 LF @ $103.00 /LF = $114,845 16"PVC Sewer Main 0 LF @ $123.00 /LF = $0 Services Lines(60'ROW) 36 EA @ $1,847.00 /EA = $66,492 48"Sanitary Manhole 5 EA @ $9,728.00 /EA = $48,640 Flowable Fill(CLSM) 165 CY @ $198.00 /CY = $32,707 SE? M.LMOQR 15"ADS HP Storm 0 L.F. @ $125.00 /LF = $0 18"ADS HP Storm 38 L.F. @ $136.00 /LF = $5,168 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(15'Length) 2 EA @ $32,000.00 /EA = $64,000 Flowable Fill(CLSM) 6 CY @ $198.00 /CY = $1,115 STREETLIGHT 6 EA @ $4,018.00 /EA = $24,108 tiON 4 EA @ $1,273.00 /EA - $5,092 4-Way Intersection 0 EA @ $2,280.00 /EA = $0 T Intersection 3 EA @ $1,140.00 /EA = $3,420 16'Wide Barricades 2 EA @ $1,608.00 /EA = $3,216 SUBTOTAL $900,818 2379361 07/17/2025 09:55:14 AM Page: 13 of 17 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co 11111 PA Y 101'i'iw PSI?1'i0W1' 14rtW1 'iyi 111111 2111M11111011 Drive Aspha5" lt over 6" Base Course 1222 SY @ $49.00 /SY = $59,865 Curb and Gutter 485 LF @ $36.00/LF = $17,460 Handicap Ramp 63 SF @ $23.00 /SF $1,456 Tactile bands 2 EA @ $453.00 /EA $906 Sidewalk 210 SF @ $7.00 /SF $1,470 Landscape Area(Tree Yard) 250 SF @ $3.60 /SF $900 7"Concrete(Pans) 0 SF @ $19.00 /SF $0 WATER 8"PVC Water Main 326 LF @ $103.00/LF = $33,578 12"PVC Water Main 0 LF @ $113.00 /LF = $0 Services Lines(60' ROW) 12 EA @ $1,311.00 /EA = $15,732 Fire Hydrant Assembly 1 EA @ $9,938.00/EA = $9,938 SWIARY SEWER: 8" PVC Sewer Main 315 LF @ $103.00 /LF = $32,445 16"PVC Sewer Main 0 LF @ $123.00 /LF = $0 Services Lines(60'ROW) 14 EA @ $1,847.00 /EA = $25,858 48"Sanitary Manhole 0 EA @ $9,728.00 /EA = $0 Flowable Fill(CLSM) 0 CY @ $198.00 /CY = $0 SIQRRM 5DNER 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 285 L.F. @ $195.00 /LF = $55,575 72"Manhole 0 EA @ $16,000.00/EA = $0 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) 5 CY @ $198.00 /CY = $990 STREET LIGHT 1 EA @ $4,018.00 /EA = $4,018 MMIUMENI BOX 0 EA @ $1,273.00 /EA = $0 IGNAGE 4-Way Intersection 0 EA @ $2,280.00/EA = $0 T Intersection 2 EA @ $1,140.00 /EA = $2,280 16'Wide Barricades 0 EA @ $1,608.00 /EA = $0 SUBTOTAL $262,471 2379361 07/17/2025 09:55:14 AM Page: 14 of 17 R 43.00 D 0.00 T 43,00 Candace Rivera Clerk/Recorder, Pueblo County, Co 1Ii1 hiiitNANaitill hallt E ih'11 q1w4 KI4il:NIkill II II I raNdadliaittAdaite STREETS 5"Asphalt over 6"Base Course 431 SY @ $49.00/SY = $21,097 Curb and Gutter 214 LF @ $36.00 /LF = $7,704 Handicap Ramp 63 SF @ $23.00 /SF $1,456 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) 0 SF @ $19.00 /SF $0 MIER 8"PVC Water Main 135 LF @ $103.00 /LF = $13,905 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 SAKTAB.Y SEWER 8"PVC Sewer Main 0 LF @ $103.00 /LF = $0 16" 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(15'Length) 0 EA @ $32,000.00 /EA = $0 Flowable Fill(CLSM) 0 CY @ $198.00/CY = $0 STREET LIGHT 0 EA @ $4,018.00 /EA = $0 MONUM NI.3O)S 0 EA @ $1,273.00 /EA = $0 WAGE 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 $49,424 2379361 07/17/2025 09:55:14 AM Page: 15 of 17 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder; Pueblo County, Co dill 111 rA N�rri ,� KM MY it 111111 sOver Cliff Drive STREETS 5"Asphalt over 6"Base Course 469 SY @ $49.00 /SY = $22,997 Curb and Gutter 235 LF @ $36.00 /LF = $8,460 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) 0 SF @ $19.00 /SF $0 WEIR 8"PVC Water Main 146 LF @ $103.00 /LF = $15,038 12"PVC Water Main 0 LF @ $113.00 /LF = $0 Services Lines(60'ROW) 0 EA @ $1,311.00 /EA = $0 Fire Hydrant Assembly 1 EA @ $9,938.00 /EA = $9,938 SANITARY SEWER; 8"PVC Sewer Main 0 LF @ $103.00 /LF = $0 16"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..SEEWER 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(15'Length) 0 EA @ $32,000.00 /EA = $0 Flowable Fill(CLSM) 0 CY @ $198.00 /CY = $0 STREET LIGHI 0 EA @ $4,018.00 /EA = $0 MONUMENT,SQ,),( 0 EA @ $1,273.00 /EA = $0 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 #63144 2379361 07/17/2025 09:55:14 AM Page: 16 of 17 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co IIIII Ric/Mk I10111A04141, f,Y 71.1,11 i. 11I 111 StarmAntsdadttli 5"Asphalt over 6"Base Course 0 SY @ $49.00/SY = $0 Curb and Gutter 0 LF @ $36.00/LF = $0 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) 0 SF @ $19.00 /SF $0 WATER 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 SA UTARY SPWEk 8"PVC Sewer Main 0 LF @ $103.00 /LF = $0 16"PVC Sewer Main 0 IF @ $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 = $0 £IQBL1.SEWS$ 15"ADS HP Storm 0 L.F. @ $125.00 /LF = $0 18"ADS HP Storm 295 L.F. @ $136.00 /LF = $40,120 24"ADS HP Storm 675 L.F. @ $152.00 /LF = $102,600 36"ADS HP Storm 0 L.F. @ $173.00 /LF = $0 60"Manhole 2 EA @ $12,914.00 /EA = $25,828 Type C Inlet(With Apron) 2 EA @ $12,000.00 /EA = $24,000 Type R Inlet(15'Length) 0 EA @ $32,000.00 /EA = $0 Flowable Fill(CLSM) 9 CY @ $198.00 /CY = $1,687 Sjg [J,Cj 0 EA @ $4,018.00 /EA = $0 Ma=TH @QM 0 EA @ $1,273.00 /EA = $0 SIGNAGE 4-Way Intersection 0 EA @ $2,280.00 /EA = $0 T Intersection 0 EA @ $1,140.00 /EA = $0 16'Wide Barricades 0 EA @ $1,608.00 /EA = $0 SUBTOTAL $194,235 2379361 07/17/2025 09:55:14 AM Page: 17 of 17 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co 1111 PA K Al1'01111.1 VII NI Mtiiaiit4Alliii4. 1I III MISCELLANEOUS IMPROVEMENTS Compacted Berm 4090 L.F. @ $3.50 /LF = $14,315 Rock Socks/Inlet Protection 14 EA @ $88.00 /EA $1,232 Dust Control 1 EA @ $54,000.00 /EA = $54,000 Rock Check Dam 2 EA @ $5,000.00 /EA = $10,000 Vehicle Tracking Control 2 EA @ $4,688.00 /EA = $9,376 Clearing And Grubbing 37 AC @ $1,196.00 /AC = $44,252 Grading Cut(Inc. Pond,Swales) 189330 CY @ $2.53 /CY = $479,005 Grading Fill(Inc. Pond,Swales) 177250 CY @ $3.61 /CY = $639,873 Storm Forebay(10'x10') 2 EA @ $8,000.00 /EA = $16,000 Detention Pond Trickle Channel 1 EA @ $110,000.00 /EA = $110,000 Outlet Structure 1 EA @ $41,000.00 /EA = $41,000 Riprap Spillway 1840 CY @ $133.00 /CY = $244,720 Revegatation 15 AC @ $6,027.00 /AC = $90,405 26'Gravel Fire Access(Castor) 45600 SF @ $3.00 /SF = $136,800 26'Gravel Fire Access(Telluride) 14000 SF @ $3.00 /SF = $42,000 26'Gravel Fire Access(Goldfield) 22800 SF @ $3.00 /SF = $68,400 Temporary Turn-Around(Stunner) 855 SY @ $49.00 /SY = $41,895 Decomposed Granite Trail 49740 SF @ $2.00 /SF = $99,480 Concrete Trail Sections 820 SF @ $7.00 /SF = $5,740 Underground Electric Lines 1 EA @ $60,000.00 /EA = $60,000 USPS Cluster Boxes 10 EA @ $4,290.00 /EA = $42,900 SUBTOTAL $2 251 392 SUBDIVISION TOTAL $5,876,121 This is an estimate only. Actual construction costs may vary. PREPARED BY: J. FISHER FIRM: NORTHSTAR ENGINEERING AND SURVEYING,INC. The undersigned hereby certifies that(i)the Required Public Improvements shown hereon and on the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the Subdivision Chapter 4,Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council,(ii)the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements and(iii)the unit prices shown hereon are the most current unit prices provided by the City of Pueblo. ``""\\ � 'l.AD !C,,I1 Co3/11:Z r. S ,' _,,cp f, Pro ession I gineer Date / (a `: G -0 : 40 ZQ 73 ` 1 •Di 1$, (1%''•3aCe Q ii REVIEWED BY: .!i�///.� /u Zo '�‘‘ \�,N\AL Era - City of Pueblo \����� 2379362 07/17/2025 09:55:14 AM Page: 1 of 1 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co 11111 Mr.tral'i IlitMLIA14111L01 E'Mai 11111 RATIFICATION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by a deed of trust recorded October 24 , 2024 , in Book at Page , Reception Number 2356408 , does hereby ratify and consent to the subdivision of the land platted as North Vista Highlands, Filing No. 12 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 16414 day of J0" -- , Doe) ---. DLP Lending Fund LLC, a Delaware Limited Liability Company Company Name By: t Title: Auz ec-- Q S,r..,. y F).anWi- �J STATE OF G9tO"1t7tDO ) . Jo(4 LS) ss. COUNTY OF PtrEl3tt ) The foregoing instrument was acknowledged before me this 1 bA day of juhQ..._ , (9 Dd.c by ('Art I..J- got u as AAvut- - 3.4;1 ,47.,,), of bL. L LA ct T've.d, _1._1- . My Commission Expires: fY\ ccill 1-(2 c%2_(c, -► % ww o,u►♦ �� Vu .ie7:s`+ ; E LAWSON of ry Public l DPW 107 :i, ' J MycoMuissloN,HH 208874 02/05/02 ''''f•-- EXPIRES,(G�#rch 7.2026 2379363 07/17/2025 09:55:14 AM Page: 1 of 4 R 43.00 D 0.00 T 43.00 G� Candace Rivera Clerk/Recorder, Pueblo County, Co 11111 F CGVFI+6 M: ,I:1 I14, 11111 DECLARATION OF COVENANTS CONCERNING Drainage, Detention, Temporary Access EASEMENTS FOR (type of easement) North Vista Highlands, Filing No. 12 (name of subdivision) THIS DECLARATION OF COVENANTS is made as of ,by NVH 1013 Development, Ltd, a Colorado Limited Liability Company 3819 Broadview PI, Castle Rock, CO 80109 �, herein the "Declarant". DEFINITIONS Easement means and includes the land shown and dedicated on the plat of the Subdivision, or otherwise granted or dedicated in or outside of the Subdivision, for landscaping, drainage, storm water detention, streets, sidewalks, or utility purposes that serve or benefit the Subdivision. Easements granted or dedicated outside of the Subdivision are described in the attached Exhibits ("B", "C"). Facilities means and includes Access roads, temporary turn-around, storm sewer, detention pond with associated improvements 2, located in an Easement. Lot means a lot or other designated parcel of land within the Subdivision other than Easements. Lot Owner means and includes all persons and entities having any right, title or interest in and to a Lot, or any part thereof. Subdivision means the North Vista Highlands, Filing No. 12 3. Subject Property means the real property located in Pueblo County, Colorado and described in the attached Exhibit"A". RECITALS A. Declarant is the record owner of, and has fee simple title to the Subject Property. 1. Insert name and address of property owners. 2. Describe all improvements,the repair,maintenance,and replacement of which are not the obligation of the City nor any provider of utility services. 3. Insert name of subdivision. DPW 105 02/05/02 2379363 07/17/2025 09:55:14 AM Page: 2 of 4 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co lIII ���' h'nl�hl�ril��'. ii''i 11I II I B. Declarant intends to or has subdivided the Subject Property and platted the Subject Property as the Subdivision. C. Declarant desires to provide for the orderly development of the Subdivision and to insure the proper installation,maintenance and repair of the Easements and Facilities. NOW THEREFORE, Declarant declares that the Subject Property and all Lots within the Subdivision shall be held,transferred, sold, conveyed, occupied, and used subject to the following covenants, conditions, and restrictions: 1. Purpose. The purpose of the covenants and provisions of this Declaration of Covenants is to insure the proper and orderly development of the Subject Property and to provide a reasonable method to maintain and repair the Easements and Facilities to the benefit of all the Lots within the Subdivision. 2. Covenants (a) Declarant shall install the Easements and Facilities in accordance with the plans and specifications therefore approved by, and on file with the City of Pueblo. Declarant shall record this Declaration of Covenants in the office of the Pueblo County Clerk and Recorder contemporaneously with but immediately after the recording of the plat of the Subdivision. (b) Each Lot Owner shall be primarily responsible for maintaining the Facilities in good working order and condition and for the repair and replacement of the Facilities located in an Easement on or adjacent to such Lot Owner's Lot; provided, however, that all Lot Owners shall be jointly and severally liable for maintaining the Facilities in good working order and condition and for the repair and replacement of the Facilities. (c) The City of Pueblo is granted the right at its option(but not the obligation)to inspect, control, repair, maintain and replace the Facilities and to recover all costs and expenses thereof plus an administrative charge of 15% from the Lot Owners. All such City's cost and administrative charge shall become a perpetual lien on all the Lots within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth City's cost and describing the Lots 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 of Pueblo to any liability for such failure. DPW 105 2 02/05/02 2379363 07/17/2025 09:55:14 AM Page: 3 of 4 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co IIIIIKIIIMMAIRAYr111101‘hilicillirliCkliiiiiiii 11111 3. Binding Effect. Each of the covenants and provisions of this Declaration of Covenants shall run with the Subject Property and Lots within the Subdivision, and shall forever be binding upon and inure to the benefit of all Lot Owners and their respective heirs,personal representatives, successors and assigns. 4. Enforcement. (a) The covenants and provisions of this Declaration of Covenants shall be enforceable at law or in equity by any Lot Owner or the City of Pueblo against any person or entity violating, attempting to violate, or not complying with any of the covenants and provisions of this Declaration of Covenants. (b) Failure of any Lot Owner or the City of Pueblo to enforce any of the covenants or provisions of this Declaration of Covenants shall in no event constitute or be deemed to constitute a waiver of the right to do so thereafter, and shall not subject any Lot Owner or the City of Pueblo to any liability for failure to enforce. (c) The enforcing party may seek and recover damages or injunctive relief or both. In the event of any action or litigation arising out of or to enforce this Declaration of Covenants,the Court shall award the prevailing party its costs and expenses including reasonable attorney fees. Venue for any such action shall be in the District Court In And For the County of Pueblo, State of Colorado, and for purposes thereof, Declarant and all Lot Owners agree to submit to the jurisdiction of that Court. 5. Survival. Invalidation of any one of the covenants or provisions of this Declaration of Covenants whether by final judgment or court order shall not affect any of the remaining covenants or provisions, which shall remain in full force and effect. 6. Modification. Neither this Declaration of Covenants nor any of the provisions hereof may be cancelled, terminated, amended or modified without the prior written consent of all the Lot Owners and the City of Pueblo. DPW 105 3 02/05/02 2379363 07/17/2025 09:55:14 AM Page: 4 of 4 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co liII rArrYIN1P«N W r ��I ,�Y��Q Pill14':Li, 11I III 7. Applicable Law. This Declaration of Covenants shall be construed, interpreted and enforced in accordance with the laws of the State of Colorado. Executed the day and year first above written. (7- Declarant COUlrY OF-PUEBLO ) pi- STATE OF COLORADO-)ss '�eOti ck e. � The foregoing ins _ en as acknowle ed before me this 11 ' y of tA� ,20 _ )_ nY Vat) .r� >r��r)) <h . Witness my hand and official seal. My commission expires: c 'ic/i V ao,k (SEAL) Notary Public • '`•. RESECCA I.HOWARD rotary Public•State of Florida Commission M HH 580206 My Comm,Expires Aug 8,2028 8orced through rkationa:Notary Assr. DPW 105 4 02/05/02 2379364 07/17/2025 09:55:14 AM Page: 1 of 4 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co 11111 1rrIOC1POI1le I 'Mi'IM 14P,1LI•hi'L+31.1 'i14, 11111 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this �6 day of , Top Land Investment LLC.,a ,Grantor,to Pueblo,a M icipal Corporation,Grantee: 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 adross 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-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. DPW 110 12/03/98 2379364 07/17/2025 09:55:14 AM Page: 2 of 4 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder; Pueblo County, Co •III '10 �Wi a��'�'�L'+ ��'��v'16Y44111111 "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 92(-1" day of T(-1111& GRAN OR: By: /`&, 4r(t) Mischa Jargd sky Top Land Investment LLC a Colorado Limited Liability Company COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) he foregoing instrument was acknowledged before me this Cv �of by /72O6&, h • Witness my hand and official seal. My Commission Expires: 43. (SEAL) Notary Pubb PATRICIA ANN VEGA ACKERMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164035042 MY COMMISSION EXPIRES SEPTEMBER 23,2028 2 2379364 07/17/2025 09:55:14 AM Page: 3 of 4 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co YI�P�11114110 �i� �IL�r41111F'1„' ii4' ill III EXHIBIT"A" TEMPORARY TURN AROUND EASEMENT LAND DESCRIPTION A temporary easement for turn-around purposes located in the northeast'A 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 'A 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-I " aluminum cap stamped with PLS. No. 16128, and all bearings contained herein being relative thereto. Beginning at the southeast corner of Parcel"D",in North Vista Highlands Filing No. 12 recorded at Reception No. in the Pueblo County Records;thence N90°00'00"E, a distance of 20.80 feet; thence along the arc of a curve to the right whose center bears S54°46'56"E and whose radius is 52.00 feet,a distance of 262.77 feet;thence N90°00'00"W, a distance of 19.20 feet; thence N01°31'52"W, a distance of 60.02 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 responsible charge and are accurate to the best of my knowledge, information, and belief. 0O' C,C0�i,/ � �+ to III ��0 1-,Otiq"AN°S_ Michael L. Cuppy Colorado P.L.S. 38485 For and on Behalf of NorthStar Engineering and Surveying,Inc. February 06,2025 JN 17 009 30 Page 1 of 2 =._____ IXll1llllT 'r A a' .. 1 f____ _A V > 1 g L't fig i TN --06 �•�4• LOT I PARCEL 'A' I �,�4R 1�-1 aI-0i r �= I .tea %^' In. Ng 13 '`- I I I I �, I , U `_`_ I I _ I Na_-Ma {t - L �.j I' - ; i;Y PARR L_ „r- 0116 L i; s� I r;Jr -.tm�, L1= 1.-i I - I ' N90'00'00"E R=52 00' m-W r- i`i i cJ 20.80' D=289 31'52" .r v II-._, I I P.O.B. L=262M..m -..i NO — grgeillil ` .$54_ 56"E :1' `•T t %T.imi= i1 nk)i k1i-- (R) .-• r l/r tr yr-. . Sir ♦.•. • r-- (60' PUBLIC RIGHT--OF--WAY) N90.00'00; E_ 62.47 N0131'52"W 60.02' f I PF J I I I � I 90170'00V 19.20' 'j t',,-, . to � • O _ ^a '‘"`'Li7 LOT I f I L ; I . R1EL ,1 , I 25 26 '' ..."" N. P. ''�1 1 1 I L i ,...... I ,„ .,..... ,,: . ..,.. %, , ,... ,...- II' j l- j. , I 11( LEGEND TOTAL ACREAGE P.O.B. POINT OF BEGINNING 9306.230 S.F. 0.214 ACRES p BASIS OF BEARINGS R EAST LINE OF THE NE 1/4 OF SECTION 8, B TOWNSHIP 20 SOUTH, RANGE 64 WEST p OF THE 6TH P.M. A SCALE: 1 " = 60' TO BEAR N. 01'25'55" E. R 0 30' 60' 120' B �� ; D � THIS EXH181T WAS NOT PREPARED AS A B MONUMENTED LAND SURVEY. AND WAS ONLY r NOIGINSTAR ENORIBERIBIG AND SURVEYING. INCPERSECRI PREPARED TO DEPICT THE ATTACHED LAND JN 17 009 30 PAGE 2 OF 2 ilaimaiatreamomer 2379365 07/17/2025 09:55:14 AM Page: 1 of 4 R 43.00 D 0.00 T 43.00 • Candace Rivera Clerk/Recorder, Pueblo County, Co �1 III 14lrjI','fiWW:I4ViA 14,111,LifitVILd IAA 111111 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this 1 day of October , 2024 ,by North Vista Pueblo Land Investment,, Grantor, to Pueblo, a Municipal Corporation, Grantee: LLC.,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 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. DPW 110 12/03/98 2379365 07/17/2025 09:55:14 AM Page: 2 of 4 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co IIIII Mir jI°M� t��I�P+.Iti' Y,4 W 11111 "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. St SIGNED this / ' day of e f(4!/ -1(--i i GRANTOR: _ (1 (1; By: c David Resnick, Manager North Vista Pueblo Land Investment, LLC a Colorado Limited Liability Company COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) rc_Th fore oing instrument was a�ck,�no�vledg ore met is day of G'�/ - ``-%'" by �t�f� /� .�11-� Witness my hand and official seal. My Commission Expires: C - ' / Z //� (SEAL) Notary c PATRICIA ANN VEGA ACKERMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164035042 MY COMMISSION EXPIRES SEPTEMBER 23,2028 2 2379365 07/17/2025 09:55:14 AM Page: 3 of 4 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co H;INi11l$1 IL M4,11.11 h 111111 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 '/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 2-1/4" aluminum cap stamped with PLS. No. 16128, and all bearings contained herein being relative thereto. Beginning at the northeast corner of Lot 4, Block 5, in North Vista Highlands Filing No. 12 recorded , at Reception No. in the Pueblo County Records;thence N00°00'00"E,a distance of 20.00 feet; thence along the arc of a curve to the right whose center bears N35°14'04"E and whose radius is 52.00 feet, a distance of 262.77 feet; thence S00°00'00"W, a distance of 20.00 feet; thence S90°00'00"W, a distance of 60.00 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 tha 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. Q,00 Fti i ;%%,9V�� L NOc•`r�O111 i 38485 `;o 1 J Zp2 ltIss,Ip - ,,yJ� ,,%%ON4::ANo 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 2379365 07/17/2025 09:55:14 PM Page: 4 of 4 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co 11111 Kri':'rrillinliE I INIIIA i'iiII'MMI I1li'1141 •III EXIH1III$3'IIT 'A ' (Li .._ .. , ...1 -F.-, . !—i ]e A 1 1 1, CI'. ' — ` 1-1-t-1 J LOT LOT �'_ L. , ' CL.JT I , I %i_ /QI` 1 ' At T 1tt - -- - * A\I 1 , •I - \R \ .r 1 I I r N" Li i ....1 03 't�l' .' L1!! 1 y 7 ll! ;71 I :�' _ - R's200' 8 TEMPORARY TURN— ) ,' ri' r °2 28 27 ' AROUND EASEMENT --! I,I <.- i4' 1: 11 50012009 W :> - -1-- B 14''24"E.� . 20.00 - R <' 77 N '00-E -r- - - - ,.., 20.00' '"- 590'00'00, "W r < r-,1 ,I P.O.B. ;1- -xr. I so.00 -:- ./I 1 1, K , , LOT - _ ►—▪i 4_ 1:5 t l l l t`s I ' �11F ' ! OT N �N 1 I -_ ,�► 7 i '-- j 1 ▪ (1:r 1 •ems r_)'ti '-1 - 1- -1 - - - ' a- I - I - - sCj `•I• 1S.11.11.• W '1W r %/i- -I ldr rr rr--r ♦ !ter •a r r__ (GO' PUBLIC RIGHT--DF--WAY) I I I I I I I I I LEGEND TOTAL ACREAGE -..1( P.O.B. POINT OF BEGINNING 9306.230 S.F. 0.214 ACRES r BASIS OF BEARINGS EAST LINE OF THE NE 1/4 OF SECTION 8, IITOWNSHIP 20 SOUTH, RANGE 64 WEST p OF THE 6TH P.M. A SCALE: 1 = 601 TO BEAR N. 01.25'55" E. R 0 30' 60' 120' II D immirlommil I NOTE THIS EXHIBIT WAS NOT PREPARED AS A B MONUMENTED LAND SURVEY, AND WAS ONLY V NCFAR ENCRNIMIUNG AND SURVEYING, INC. PR PARED TO DEPICT THE ATTACHED LAND JN 17 009 30 PAGE 2 OF 2 2379366 07/17/2025 09:55:14 AM Page: 1 of 4 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co 11113111Vinkkifitliffiligiligl�M4GRU k+ II EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this 1 day of October , 2024 ,by North Vista Pueblo Land Investment,, Grantor,to Pueblo, a Municipal Corporation, Grantee: LLC.,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 temporary access , 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 access road (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. DPW 110 12/03/98 NNW 2379366 07/17/2025 09:55:14 AM Page: 2 of 4 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co lIII 14irj1,M4Il'#lN'I i Mti3 1111,111714IS0it111111 "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 tthhef Grantor and Grantee. SIGNED this / day of 11 6) GRANTOR: �\ By: \ ) David Resnick, Manager North Vista Pueblo Land Investment,LLC a Colorado Limited Liability Company COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) • (� e fo egoing instrument was ackn ledge_,�q re me tit bb�� day of 6,.,/(2 Witness my hand and official seal. "j My Commission Expires: ✓ z (SEAL) Notary P c PATRICIA ANN VEGA ACKERMAN NOTARY PUBLIC STATE OF COLORADO ID 20164035042 MY COMMISSION NOTARY EXPIRESSEPTEMIER 23,2028 2 2379366 07/17/2025 09:55:14 AM Page: 3 of 4 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co l+dak'h� M121I� � ��� 11111 EXHIBIT"A" TEMPORARY ACCESS EASEMENT LAND DESCRIPTION A temporary easement for access purposes located in the northeast 'A 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 'A of Section 8, Township 20 South, Range 64 West of the 6th Principal Meridian to bear N. 01°25'5 5"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. Said easement being 50.00 feet in width and 25.00 feet either side of the following described centerline: Beginning at the centerline of the eastern terminus of Castor Drive in North Vista Highlands Filing No. 12 recorded , at Reception No. in the Pueblo County Records; thence along the arc of a curve to the right whose center bears S35°21'14"E and whose radius is 200.00 feet, a distance of 123.41 feet; thence N90°00'00"E, a distance of 866.77 feet; thence along the arc of a curve to the left whose radius is 480.00 feet, a distance of 406.64 feet; thence N41°27'38"E, a distance of 365.82 feet; thence along the arc of a curve to the left whose radius is 200.00 feet, a distance of 198.03 feet; thence N15°16'12"W, a distance of 163.72 feet; thence N74°43'48"E, a distance of 159.98 feet to the Point of Terminus, said point being on the western boundary of Cedarweed Boulevard in North Vista Highlands, Filing No. 2 recorded August 20, 2021 at Reception No. 2240303 in the Pueblo County Records; Said Easement containing 2.622 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. _ \p Fy .o, 38485 ;cr T ,y 41 O4i LAND 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 2379366 07/17/2025 09:55:14 AM Page: 4 of 4 R 43.00 D 0.00 T 43.00 , Candace Rivera Clerk/Recorder, Pueblo County, Co 11111 NrJI71141Iti 11AR164 W.%14l'IY1:4,41:iLITl11i1 111111 L��U - U i OD OD --�- .,may. m4 "'"' AY ---.- I, "1/1+�` rI i.: BLOCK J 4-..___ i / i I.-1--1-�l_.1...1_-1--.t__L I i ," .r`r i 5m rr- .. \ p,,, � � I i I r ._ , ALA• - ,i I 1 1 I r J_ r j a 1 r-- 1 — I ! BLOCK 7 I'$'i,.g,1t. / `/'r •• 56 r' I I I < I r " Ir • '"' '4II I ' + ' , J lCI7 '43'48'F I ~ I �-.j 11�__L__r ,r / . 11- I c r_r !ri' ,5,16'12-w - T,\ 1pO.T. f� .,,,1 III ,,,,,, 16'1`2 --'•, . \ i 1 I BL , >, , \ imivg p\ to 1 1 I i i `° \ 'Y \ Ack II'IXI!• fr , ,iI , I " 1ai i1 i _a \` 1.kir`_ " ,,...r d \ i ci il \Q� I �` C` p ` ^`` , -------- ` '-•\ \<1nz \\ �I:4,c1 I I \ /gam , `•Y� fP is "'' I r A\ X q I .> `. fib f . ' `,. . ✓ \"N,O Q4C/V� 1"tA __j , gyp_-,-� _ % '.`. ,_ y ids..,A •,,,Ass.per`. . ,',,. // \\ ,ti�? `$r-'-1 I- - -r—I---,1----r—^—r-r i i r— •` Y . / . . L . ., / tiv 1 I ,�, I I BLOCKA 1 i s i i 1 \ ` `y1 0 \ y/ `,/` . - / 1'(t f.._...I 1--.__J:4`1,q,I,R,i.,T i ,I,fir I:fir I a�i i`1 9'1 ray`i.t I,i •a4,i rr,I ,I I it e : / .\ ' . '�'s `. / .: . 1 1 C 1 i i i I I I i I i i i 1 i i i r I \ O,,,�� 1. 9' 1� r I i I I I 1" `` ' v'"v ' `. A ' y - . . \yr�\ R=200.00' I /\1. ,--_ � r ,, T ,c' •'`;f �'�.\` ` ` t° D=5643'50" r\ �', -, r yrv° rr' r� �'T:cnr rrIxrn-nr rl,l —I—�— T'� ��`� 2/ \\,g. 'N /I L=198.03' \ �\ \! I a I.,r ,0,- I ,-I 1 A I 1 Y aJV 1t-I u, F-II . I'I I '. 1" 1 ,\W . ' \ `. `. / >'/\ 1► �--- 1 tm 1 e 't l' 14'r 1 r, +, /'r_- 1-'lz? ''1 > \\r� , \ .\ / r y y x'`I y s I �'i I I I r r- y r - \ y EXCEPTION RECEPTION \ I `'Q' I I ,-F' , : , 41.11 ,I '1 1' `R' I 1 I 1'y , `\if\44' \ ,`. rL ./`\ Na 2257460 Y /` \w\ , i9 I I I 1— i i t N 1 ''r I ,, l ' . ,,,,,,,,...4,•` , \ A \y\ \ ;4 I I'' I I9'I�'I'4' g9o'OD'OFr E --- I ,, \if' °, `. `\4.'' N4127'38 E �'�' \y\ X \ 4 \ 1 1 1 I 1 8.6.77 ' '17' I ' • \ •\' `✓ 365.82' <K\1fw\ h \'fr\ ,''s. ;I \ / 1 N X \Vr\ . \ \ 'PP `v \r\ \ �i�BL \if V , , _, „,r 1,`g I 1 i I l l 1 I y, 1 \.,4;�y v,4'V vY/ I \ \Mr /I \ �1 '20©.'O 1 %I`8 ( I f I,m 1�j '..t;, I l..__-_..1 I " 11 11 `, _./ \\ \'f\� \IIF\ Dif3521,1i4_'. '_.`F__.1 -_1--. ._1---1 1_1--I L-1-1''—`' — R=480.00' \ C�\Y'�\Yy ^ \ L=123, 1" I r I 1 9 I 1 ;I 'h / D=483222" ; �, v)rt t i ° I '�' i ____ r____i L. - is / L=406.64 I •4I \ir\ V \if\/ \ ,' i i Lt. I I i 1 ;if, i k, I i e,? yr / 0 /' y_L .J__L.T _1__L..-..J F-...___..4...,(p.._...1 F.. I W \ oar .� �/\ y 4, .._ 1�1-_ir—. _4`W-4 d4�_.' . 4 a'.p• $ sr << \'!B D \ PA�RCEL I I.n T r ___ I r ._ . . i F�'�} • /•c; / \r \ \� \ ,w'. I Q ' s & I " PARCEL 'B' I .\ \ti. A.//\,G V1 \Y v \� ^ r '�-J ' ��71 RECEPTION NO, 2257460 Q= ��' K ift / 1 TT 7-1-BiTac�a 1-r 7—T—i1 ° 5 I_1�I BL�c ' -j '.�? r' `� ,r >, <2, 1`I'PII`�rlTITI'PI'rltrl'� IVIII' I�9 liwirilwifgl1 `fril".`I ��' �'' f I �Y,e, �-._.1_I_L1_I_1.�1_I_LJEt L�_I_LJ11 I--I_I_y r,�� _I...— \ . I^ E/ 7` TIMKR APNE J I v1 q�'( \ / TyrTy�w trTyrl rfiTWyrl-WIWIWIWI WI-WIWIWIifI I - .I ,p \yr • / I I I I I I I I I i BLOCK Ib WI WI 1 1 1 1 1 1 1 1 , I -.01 004011011.r LEGEND TOTAL ACREAGE P.O.B. POINT OF BEGINNING 114225.360 S.F. P.O.T. POINT OF TERMINUS 2.622 ACRES P R BASIS OF BEARINGS E EAST LINE OF THE NE 1/4 OF SECTION 8, P TOWNSHIP 20 SOUTH, RANGE 64 WEST A SCALE: 1 = 300' OF THE 6TH P.M. R TO BEAR N. 01'25'55" E. E 0 150' 300' 600' D Liorlimmiliml MIL THIS EXHIBIT WAS NOT PREPARED AS A MONUMENTED LAND AND WAS B PREPARED TO DEPICT THE ATTACHED LAND ONLY Y: NOR') 'AR ENGINEERING AND SURVEYING, INC, DESCRIPTION. JN 17 009 30 PAGE 2 OF 2 2379367 07/17/2025 09:55:14 AM Page: 1 of 4 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co III Mrll riNilkiMi9iNVIRA4141,5,'0114111111 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this 1 day of October , 2024 ,by North Vista Pueblo Land Investment,, Grantor,to Pueblo, a Municipal Corporation, Grantee: LLC.,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 temporary access , 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 access road (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. DPW 110 12/03/98 2379367 07/17/2025 09:55:14 AM Page: 2 of 4 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County; Co 11111 Iiird4' 1411(Il1 10N0r5lh4101 "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 /554- day of , /2/04 • R: By: Davi Resnick, Manager North Vista Pueblo Land Investment, LLC a Colorado Limited Liability Company COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) T e for going i}�strument was ackn wled re a his 1..--� day o Ci/C eA /( by C Witness my hand and official seal. My Commission Expires: `''2-3' / Au, �'` (SEAL) *,,�.11�i 1.A. 411 /,11 C/1J Notary ' b)1c r M PATRICIA ANN VEGA ACKERMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184035042 MY COMMISSION EXPIRES SEPTEMBER 23,2028 2 2379367 07/17/2025 09:55:14 AM Page: 3 of 4 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co 11111 111111 EXHIBIT"A" TEMPORARY ACCESS EASEMENT LAND DESCRIPTION A temporary easement for access 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-'/2" aluminum cap stamped with PLS. No. 16128, and all bearings contained herein being relative thereto. Said easement being 50.00 feet in width and 25.00 feet either side of the following described centerline: Beginning at the centerline of the eastern terminus of Goldfield Drive in North Vista Highlands Filing No. 12 recorded , at Reception No. in the Pueblo County Records; thence N45°30'12"E, a distance of 179.18 feet; thence along the arc of a curve to the right whose radius is 200.00 feet, a distance of 155.32 feet; thence N90°00'00"E, a distance of 315.50 feet; thence S00°00'00"E, a distance of 220.31 feet to the Point of Terminus, said point being at the northern centerline terminus of Crested Butte Drive in North Vista Highlands, Filing No. 12; Said Easement containing 0.999 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 respon • • . ge and are accurate to the best of my knowledge, information, and belief. . .Ds LeF%%1 - 3 5 :oi 1,1‘‘ HIL LOP '`J/ 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 2379367 07/17/2025 09:55.14 AM Page: 4 of 4 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co 110 f illinVillf illgikk M 01114 INIRDWi KI I rid It 01 IEXlllluI3llT 'A ' LOT \ \ - - - - - - - , - - - _, - - - -� - - - -� - - - - - - - - - - - - - - -� r - - 3 '\ I I I I I I I I I LOT \ \ X / \ I I I I I I I I L� 4 • �l I I I I I I I 1 ,_',] 4P I , I I I I I I cl: i \ y ' \ 1 , I I 1 I I I 1'l • / *, 0 ` \\ I I I I, I I I I Lil l- , \ I I I 1 I" I I I " Q_ \ \ 2.�T �, I -I yll��i1� I I I I ��a ��l� 41" / LOT (.-,1-,‘, ^- - I -4-4-$\ `r t1 I I i i U -' V 19 \ \'4 PI-1 r• -4-/ /1 . , c•-1- / 1 T e--1..II I A /1,;. I `-1 ' Q``r /� i`��-ii fit v/ i1%= i i • F-i ^t1� iil i-ii`J1��=� I LaI� 1 �.• \ LOT\ \ \ i I 1 ill f 1 I I'-4 L - - \8 \ I I I I I 1 I lit \ ' _ \ I I I I I I 2 b LOT r-T I T� r 1 ri : , r t�+ - - 17 \ \ \ I I- 1 1 I 1 1,1 rl loll 1 I i i l I I LOT A A \ \\ \\ \ 1 1 1/—t J.1 v'..4 I 1 ,r L-11 I I I 1 /� 16 il_ \ \ 1 — I I I I I J \ LOT\ 1, -..i1 \ �_, w.�e \ 1 \ 7 i I • • LQT\5 i �:-::- v v , --- Itai" PUBLIC lap "" — - O\ ,-..;" ,7�; \ // a /-- - " 500190'00"E t \ I I - - v ` '` N9000s0 E 220.31 L \ / . R=200.00' 315.�0' r v v ' D=4429'48" \ \\ \ ,' . f L=155.32' 1 �/ / / I I \ ` .5 /"' / 50' WIDE TEMPORARY I --1p, I ,' ACCESS EASEMENT 1 ` LOT e _ , , LOT N4530'12E 1 1 1 1 . 1--1-- _ 1 \ � I11 179.18' PARK - ' y I ---7 r 7 ,..., Ir., _.,T J1 -L-III P.OT.. >\ r' PARCEL LLOT LOT LO QT LOT LOT QT QT IOT SAT1 1 1 1 I ____] _____ 14_ _i_ ____1 _ h ____J ,.......1 44 Lu .4 „,, •-, ,„\ --___I 4 CK f� ....:,, rcNNER DRIVE I T i60' PUBLIC RIGHT--OF--WAY: LOT / I 1 TI FTI rT - rT -H \ I LOT LOT LOT LOT LOT LIFT LOT LOT LOT LQT LOT LOT L / PARCEL T ( 8 19 ( 10 I 11 ( Sc 11 I 14 I 15 I 16 I 17 I 18 I 'B' I I _ I 1 1 _ I 1_;1L ± ] _ LJ SCALE: 1 " = 100' BASIS OF BEARINGS EAST LINE OF THE NE 1/4 OF SECTION 8, P 0 50' 100' 200' TOWNSHIP 20 SOUTH, RANGE 64 WEST .M. B LiErmli ITOOF BHA 6N. 1'2B TO BEAR N. 01'25'S5" E. A LEGEND TOTAL ACREAGE R43516.000 S.F. B P.O.B. POINT OF BEGINNING 0.999 ACRES D P.O.T. POINT OF TERMINUS NOTE; THIS EXHIBIT WAS NOT PREPARED AS A MONUMENTED LAND SURVEY, AND WAS ONLY B PREPARED TO DEPICT THE ATTACHED LAND r NORTENTAR ENGINEERING AND SURVBVINa INC. DESCRIPTION. JN 17 009 30 PAGE 2 OF 2 2379368 07/17/2025 09:55:14 AM Page: 1 of 4 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co II III EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT,granted this I day of October , 2024 ,by North Vista Pueblo Land Investment,, Grantor,to Pueblo, a Municipal Corporation, Grantee: LLC.,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 temporary access , 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 access road (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. DPW 110 12/03/98 2379368 07/17/2025 09:55:14 AM Page: 2 of 4 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co IIIII W:7VIM,'IIII1IiIV 114114111kriN4ifW11I ali III II "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 the1Grantor and Grantee. ?� SIGNED this / day of od-a l/ L%(/ Z,./• GRA By: c2.\------H David Resnick, Manager North Vista Pueblo Land Investment, LLC a Colorado Limited Liability Company COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) ck Cche f e oing i strument wa ac wledgeo efore met 's / day of by ��� C -t-Z • Witness my hand and official seal. • 2 My Commission Expires: C) "Z3 , (SEAL) (.i.-/ ti/ 41'[-4-1.v Notary Pu PATRICIA ANN VEGA ACKERMAN / • NOTARY PUBLIC STATE OF COLORADO SY ID ESE4jE5042 MY COMMISSION EXPIRES 23,2028 2 2379368 07/17/2025 09:55:14 AM Page: 3 of 4 R 43.00 D 0.00 T 43.00 • Candace Rivera Clerk/Recorder, Pueblo County, Co III EirolL'i12111.11.1/i ' �«1�Yt�iwr,r, kit 11111 EXHIBIT"A" TEMPORARY ACCESS EASEMENT LAND DESCRIPTION A temporary easement for access purposes located in the northeast 1/4 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 '/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-'/2" aluminum cap stamped with PLS. No. 16128, and all bearings contained herein being relative thereto. Said easement being 50.00 feet in width and 25.00 feet either side of the following described centerline: Beginning at the centerline of the eastern terminus of Telluride Drive in North Vista Highlands Filing No. 12 recorded , at Reception No. in the Pueblo County Records; thence N45°30'12"E, a distance of 37.29 feet; thence along the arc of a curve to the right whose radius is 200.00 feet, a distance of 155.32 feet;thence N90°00'00"E, a distance of 51.65 feet; thence S00°00'00"E, a distance of 148.49 feet; thence along the arc of a curve to the left whose radius is 200.00 feet, a distance of 77.95 feet; thence S22°19'55"E, a distance of 76.23 feet; thence along the arc of a curve to the left whose center bears S22°19'55"E and whose radius is 200.00 feet, a distance of 45.46 feet to the Point of Terminus, said point being the eastern centerline terminus of Castor Drive in North Vista Highlands, Filing No. 12; Said Easement containing 0.681 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. •� O C�CF ,1I it 11/0 •s �Il� i a; 38485 \ ' Jbl111 Zd • ' Jai 11�‘� LAND�JQ' 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 2379368 07/17/2025 09:55:14 All Page: 4 of 4 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co ' 11IIIPIIFAIII III/I+Ear:114Ir11/4I11141111 110111Lh1CPIWI 11111 ExAgllBil I glaa fp I - PARCEL_ r�_ r NOR TH v�i.- i .4 HIGH___AND:::, - i iL_iisv G� i�i�_i, 10 T1 ^> L ----1 ,.. . C`: I L�, 1 ''' , Nf_1t:(7; :;T_; -A r;li=(-1L_AN 1:=. I ;_= I R.c�d I B�,_-I..-,I„ .I j. I ir-..3 ii J �n W� 1 I , 1 I $ N90190'00"E I I I R=200.00'" 1 _ �_ J L 51.65 I I _I _I /\ L=155.32' .y' TELLURIDE DRI1/E (60' PUBLIC RIGHT-Ur-WAY) - -*- , r ' '�y \2 ` , .OT / ' I I I S00170'00"E I I `� 1 148.49' I 1 �% \ / 1 I J I ,( „ LOT ' N45 30'12"E A 1/-j - .r;.-/- / /T�-1 „-ii n A ,,1,—, / \A^I.,.,'�\8t? .O g 3Z29' ;�v�_/l A I v/ i. i -� i-i i 110....1�-� ��Ji h�/ • L T ` I I 1 I (� \- V PARCI--�_ I £ --�I1 \ LIIT S r•ir I F ---I---- 8 \ � ' 4Q \ t I- I 1 I I\I, 1%1111 \.i I ' L4 ,0 50' DE TEMPORARY ,-' I I \/ �'SiS" .0 �\ �1CCE EASE ENT 1 �� % 'R) 1 1 9ti LOT /R=200.00' 1 \ 522-19'55"E 1 \,�, ( \ \ 28 \ >\o=229'55 1 76.23' I 1 I 's Q \• \ E1 \ x \ LOT\ 1\ L-- rt ,'c \LOT \ LOT 1 CAf TOR DRIVE �E' X \ 8 \ m (60' PUBLIC RIGHT-OF-WAY) \ \2gT \ L rr \ , 37Z —a --,-- -- --- ----,-- / K \24 \R i it �K' LIIT P.O.T. ' R=200.00' 1 I 1 \23T \ LOT ✓v1� L=45.46' 1 I I I \ 5 \ \ '_fir'F ` :i `1 I 1 I I \l�OT \ \l�/ LET \ �,0 LOT 1 i I , , i t, ❑T \ \ 6 \ �_ Q��� \ 20 ';C; \\ I 1r„,��'I I �c1 \ LOT \/ ,,'��u < LOT \ c o. 1 -I-- 1;,.�'' I I r \ \ \ 8T \ \ \o Q /\ 1ST ti S 1 1 1 1 \/ \ LOT \ \ , t A \ \ \ - 1 I SCALE: 1 " = 100' BASIS OF BEARINGS EAST LINE OF THE NE 1/4 OF SECTION 8, P 0 50' 100' 200' TOWNSHIP 20 SOUTH, RANGE 64 WEST iR I OF THE 6TH P.M. B _.4 ( TO BEAR N. 01'25'55" E. a LEGEND TOTAL ACREAGE 29646.270 S.F. B P.O.B. POINT OF BEGINNING 0.681 ACRES D P.O.T. POINT OF TERMINUS THIS EXHIBIT WAS NOT PREPARED AS A MONUMENTED LAND SURVEY, AND WAS ONLY $ PREPARED TO DEPICT THE ATTACHED LAND r NOEDITTAR ENODBIBUNG AND SURVEYING. INC. DESCRIPTION. JN 17 009 30 PAGE 2 OF 2 2379369 07/17/2025 09:55:14 AM Page: 1 of 7 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co III IiV.W4?411 Ilk 111111 STORMWATER FACILITY MAINTENANCE AGREEMENT This Stormwater Maintenance Agreement is entered into this 01 day of October 20 24,by and between Pueblo,a municipal corporation("the City")and North Vista Pueblo Land Investment LLC.a Colorado Limited Liability Company (the"Owner"),and collectively referred to as the"Parties". RECITALS WHEREAS,Owner owns certain real property located in the City of Pueblo legally described as follows: See Attached. and more commonly known as North Vista Highlands, Filing No. 12 (the"Property");and WHEREAS,a Drainage Report and Plan("Plan")for the Property has been approved by the City subject to and conditioned upon faithful performance by Owner of all duties created by this Agreement;and WHEREAS,said Plan provides for stormwater management facilities including such facilities intended to reduce,detain,convey,and manage stormwater runoff and also water quality facilities(collectively referred to as"Facilities");and WHEREAS,the Facilities shown on the Plan shall be constructed and adequately maintained by the Owner; and WHEREAS,the City requires that the Owners submit an Operation and Maintenance Manual("0&M Manual")as specified by the City. NOW,THEREFORE,in consideration of the foregoing and mutual covenants contained herein,the sufficiency of which is mutually acknowledged,the Parties agree as follows: AGREEMENT I. The Owner shall maintain the Facilities as described in the Plan to ensure that such Facilities are and will remain in proper working condition in accordance with the approved 0&M Manual and other applicable legal requirements.Maintenance shall include,but not be limited to,routine landscaping, sediment removal,repair,reconstruction,or replacement of the Facilities as necessary to meet the requirements of this Agreement. 2. The maintenance of the Facilities shall be performed in accordance with the 0&M Manual for the Facilities. SFMA 10/04/23 2379369 07/17/2025 09:55:14 All Page: 2 of 7 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co IiirdiTrliw��ai ����wc�►� u ����� k 11111 3. The Owner shall cause the inspections of the Facilities to be conducted as follows: a. The Owner agrees to cause inspections of the Facilities,at the Owner's expense at least once every calendar year. b. An inspection report for the facilities shall be submitted in writing to the City for each calendar year by no later than April 1'of the following year.The inspection report shall be in accordance with the requirement set forth in the 0&M Manual. c. The Owner agrees to perform promptly all needed maintenance and repairs and report such activity to the City pursuant to the 0&M Manual. 4. The Owner,hereby,grants,bargains and conveys to the City,officers,agents,and employees an easement over the Property for access from public rights-of-way,abutting private roadways,and/or private driveways,to the Facilities for the purpose of inspecting,operating,installing,constructing, reconstructing,maintaining,repairing or replacing the Facilities to the extent that the Owner fails to do so and as necessary to ensure their proper working condition as provided in paragraphs one and two above. 5. In the event the Owner fails to inspect,report,or properly maintain the Facilities within thirty(30)days after written notice by the City of such deficiencies to the Owner,the City may enter upon the Property and take whatever steps it deems necessary to maintain or repair the Facilities and bill the owner for such expense plus an administrative charge of 15%.However,if the Owner's failure to properly maintain the facilities could cause damage to property,loss of life or violation of a NPDES MS-4 Permit,the City may take immediate action,without notice to the Owner,to maintain or repair the Facilities. It is expressly understood and agreed that the City is under no obligation to maintain or repair the Facilities,and in no event shall this Agreement be considered to impose any such obligation on the City. 6. The Owner agrees that it will not at any time dedicate the Facilities to the public,to public use or to the City without the City's written consent,nor will it subdivide or convey the Property without a covenant providing that a proportional share of the cost of maintenance and other costs associated with any other of the obligations and duties contained herein runs with each subdivided or conveyed part of the original Property. 7. In an event of emergency involving the Facilities,the City,its officers,agents,and employees may enter immediately upon the Property and take whatever reasonable steps it deems necessary to meet the emergency.The City shall notify the Owner of such emergency and entry as soon as possible but in no event later than twenty-four(24)hours after such entry.Alternatively,the City may notify the Owner by phone to take whatever reasonable action is necessary within a specified time period. Should the Owner fail to respond,or should the Owner inform the City that it intends to not respond within the specified period of time,the City,its officers,agents,and employees may enter immediately upon the emergency. 8. The City shall not pay any compensation at any time for its use of the Property in any way necessary for the inspections and maintenance of the Facilities,including access to the Facilities. SFMA 10/04/23 2379369 07/17/2025 09:55:14 AM Page: 3 of 7 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County. Co III Iiii111!'211M111 1�I �I ,P�1 S I( IIJr1M IAA 111 III 9. In the event the City,pursuant to this Agreement,performs work or expends any funds reasonably necessary for the maintenance or repair of the Facilities,including labor,equipment,supplies and materials, the Owner agrees to reimburse the City within thirty(30)days after the City gives the Owner written notice of such expense. If the Owner or its successors or assigns fail to make timely payment as required herein, interest on such payment shall accrue at the rate of 1.5%per month until paid in full. 10. Any amount owed to the City and not paid within thirty(30)days of notification shall be the joint and several obligation of any owner of record of the Property or any portions thereof served by the Facilities and any successors in interest to such owner on the date such maintenance or repair was performed. The City shall have the right to take any legal action necessary to collect said amounts,and any such owner shall be responsible for all reasonable costs of collection,including attorney's fees,and accrued interest. The City's rights and remedies hereunder shall be in addition to any rights,remedies or enforcement authority under applicable law and City Ordinance including but not limited to§16-12-10, PMC. 11. The Owner,its successors,and assigns shall indemnify and hold harmless the City,its officers,agents,and employees for any and all damages,accidents,casualties,occurrences or claims which might arise or be asserted against the City arising out of or resulting from the construction,presence,existence of maintenance or use of the Facilities.The Owner shall notify the City when the Owner transfers its interest in the Property or any portion thereof. The Owner shall provide the City with a copy of any such deed. 12. The responsibilities and obligations of the Owner shall constitute a covenant running with the land,and shall be binding upon all present and subsequent owners,their administrators,executors,assigns,heirs,and any other successors in interest so long as they own an interest in the Property or any portion thereof served by the Facilities. 13. The Owner acknowledges that any future site plan,master plan,drainage plan or other process determined by the City to be a final plan,shall include the following language(or similar language approved in writing by the City): "The property owner,its successors,and assigns shall be responsible for maintenance of the Stormwater Facilities pursuant to the Operations and Maintenance(0&M)Manual and all permanent Best Management Practices(BMPs). Requirements include,but are not limited to,installing the specified BMPs contained in the Drainage Report and Plan and maintaining the Facilities as shown in the 0&M Manual as approved by the City.If the Facilities are not properly maintained,the City may provide necessary maintenance and assess the cost to the Owner of the property in accordance with the Stormwater Facility Maintenance Agreement approved by the City and recorded at the Pueblo County Clerk and Recorder's Office." 14. This Agreement shall be recorded at the Pueblo County Clerk and Recorder's Office. 15. In the event either of the Parties hereto files a lawsuit to enforce the terms of the Agreement,the prevailing party shall be entitled to its reasonable costs and attorney fees. SFMA 10/04/23 2379369 07/17/2025 09:55:14 AM Page: 4 of 7 R 43.00 D 0.00 T 43.00 • Candace Rivera Clerk/Recorder, Pueblo County, Co 11 11 MILIIIiii211%14111.1110511Mirlii'YId 111111 IN WITNESS WHEREOF,the City and the Owner have executed this Agreement on the date set forth above. CITY: By: �� Director of Stormwater,City of Pueblo,Colorado(§16-12-10(d),P.M.C.) Approved as to Form: ity Attorney,City of Pueblo,Colorado OWNER: North Vista Pueblo Land Investment, LLC. ,a Colorado Limited Liability Company (corp/llc, indicate) l By: \\\ David Resnick,as Manager Or(if non corporate entity) (The Acknowledgement(notarization)will vary for Owner depending on if Owner is an individual,corporation, partnership,etc. Also,where there is a mortgage on the property,the mortgage holder must sign the Subordination section of this Agreement)An Affidavit of Authority/Incumbency to execute shall be supplied for any entity. SFMA 10/04/23 2379369 07/17/2025 09:55:14 AM Page: 5 of 7 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co l�AIM a;1'N%I' p0'11:401,t . , 11111 ACKNOWLEDGEMENT (For a limited liability company) STATE OF Co (b j� ) ss. COUNTY OF T (Ap �1 V ) The foregoing instrument was acknowledged before me this i l t7t.22-4y David Resnick (name of manager(s))as manager(s)of North Vista Pueblo Land Investment, LLC (name of limited liability company)a Colorado (state of organization),limited liability company. Witness my hand and offic. 1 se 1. My commission expires: (SEAL) teh-9 rkt-OA—} Notary Public(or official title) PATRICIA ANN VEGA AC ERMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164035042 MY COMMISSION EXPIRES SEPTEMBER 23,2028 SFMA 10/04/23 2379369 07/17/2025 09:55:14 AM Page: 6 of 7 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co 1111 .ri� 41Mill ��I'I�+?� � 11I II Exhibit A North Vista Highlands Filing No. 12 Land Description A parcel of land located in the South one-half of the North one-half of Section 7, 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: A portion of Parcels "0" and "Q", 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 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" aluminum cap stamped with PLS. No. 16128, and all bearings contained herein being relative thereto. Beginning at the Center corner of Section 7,Township 20 South, Range 64 West of the 6th P.M., said point also being on the southern boundary of said Parcel"0", in North Vista Highlands, Filing No. 7; thence S89°32'10"W, a distance of 574.98 feet; thence NO2°57'44"E, a distance of 113.88 feet; thence N35°07'44"E, a distance of 235.15 feet;thence N08°08'01"W, a distance of 41.63 feet;thence N43°59'53"E, a distance of 856.65 feet; thence S45°48'58"E, a distance of 212.92 feet; thence N45°30'12"E, a distance of 520.00 feet; thence S44°29'48"E, a distance of 432.92 feet; thence S35°21'14"E, a distance of 60.00 feet; thence along the arc of a curve to the right whose radius is 170.00 feet and whose center bears S35°21'14"E, a distance of 11.72 feet; thence S25°32'22"E, a distance of 131.13 feet;thence S63°06'30"W, a distance of 16.05 feet;thence along the arc of a curve to the left whose radius is 340.00 feet, a distance of 96.45 feet;thence S45°30'12"W, a distance of 179.18 feet; thence S44°29'48"E, a distance of 170.00 feet; thence N45°30'12"E, a distance of 10.42 feet; thence S44°29'48"E, a distance of 21.43 feet;thence S80°54'16"E, a distance of 50.64 feet; thence N90°00'00"E, a distance of 520.00 feet;thence N00°00'00"E, a distance of 10.31 feet; thence N90°00'00"E, a distance of 456.27 feet to a point on the western boundary 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 S01°31'52"E along the western boundary of said Parcel"B", a distance of 371.12 feet to a point on the east-west centerline of said Section 7;thence S89°30'31"W along said east-west centerline, a distance of 2041.81 feet to the Center corner of Section 7 and the Point of Beginning; Containing 37.03 acres, more or less. 2379369 07/17/2025 09:55:14 AM Page: 7 of 7 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co liii r rjI' !ri lliD ilthliti rENIVI �:E ilk 11111 ACKNOWLEDGEMENT AND PERFORMANCE OBLIGATION North Vista Highlands Metropolitan District No. 1, a Colorado special district("District"), submits this Acknowledgement and Performance Obligation with respect to the Stormwater Facility Maintenance Agreement("SFMA")by and between Pueblo, a municipal corporation,and North Vista Pueblo Land Investment, LLC, a Colorado Limited Liability Company ("Owner") dated October 01, 2024 . In support of and as a condition of City's approval of the SFMA, District stipulates,acknowledges and agrees to the following: 1. District shall perform all obligations of Owner under the SFMA, including without limitation, the maintenance, inspection and reporting responsibilities and obligations set forth in paragraph 1-3 of the SFMA, and the reimbursement and indemnification obligations set forth in paragraphs 9 and 11 of the SFMA. 2. Any failure of District to perform such obligations of Owner shall not release Owner of such obligation under the SFMA or in any manner limit or condition City's rights under the SFMA. Signed this 01 day of October, 2024 North Vista Highlands Metropolitan District No. 1 - r , By: David Resnick, President ATTEST: Kevin Resnick, Secretary