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HomeMy WebLinkAbout09488RESOLUTION NO. 9488 A RESOLUTION APPROVING A PUBLIC IMPROVEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE SUNSET PARK CONGREGATION JEHOVAH'S WITNESSES CONCERNING THE ISSUANCE OF A BUILDING PERMIT FOR A NEW CHURCH BUILDING AT NATURE CENTER ROAD AND AMHERST AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Public Improvement Agreement dated January 10, 2002, a copy of which is attached hereto and made a part hereof, after having been approved as to form by the City Attorney, by and between Pueblo, a Municipal Corporation, and the Sunset Park Congregation Jehovah's Witnesses is hereby approved. SECTION 2. The President of City Council is hereby authorized to execute the said Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. The City Clerk is also directed to record the executed documents in the office of the Pueblo County Clerk and Recorder. INTRODUCED: Janijary 2A 2002 BY: Al Gurule C99NCIL PERSON APPROVED: O f ` / � p �`'`� PRESIDENT OF CITY COUNCIL ATTESTED BY: ITY CLERK Background Paper for Proposed RESOLUTION /` 4 0 i1 AGENDA ITEM # DATE: JANUARY 28, 2002 DEPARTMENT: PUBLIC WORKS TOM CVAR - DIRECTOR TITLE A RESOLUTION APPROVING A PUBLIC IMPROVEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE SUNSET PARK CONGREGATION JEHOVAH'S WITNESSES CONCERNING THE ISSUANCE OF A BUILDING PERMIT FOR A NEW CHURCH BUILDING AT NATURE CENTER ROAD AND AMHERST AVENUE ISSUE Should the City Council enter into a Public Improvement Agreement with the Sunset Park Congregation Jehovah's Witnesses. RECOMMENDATION Approval of this Resolution. BACKGROUND The Sunset Park Congregation Jehovah's Witnesses wish to construct a new church building on land presently outside the City limits, at the corner of Nature Center Road and Amherst Avenue. As a condition of obtaining water service, the church must apply for annexation of the property into the city and their petition for annexation is forthcoming. The church, however, wishes to begin construction of the new building prior to the final approval of their annexation petition. This Resolution will authorize an agreement which specifies the conditions upon which the City will authorize the issuance of the building permit. These conditions pertain to the construction of roadway, sidewalk, drainage, parking, and landscaping improvements that would normally be required by the City as a condition of building permit. FINANCIAL IMPACT This agreement will allow the development of a church building. The developer will install necessary infrastructure to service the site and, when accepted, the City will provide maintenance of roads and drainage system. The cost of this future maintenance has not been established. y. Resolution No. 9488 IIIIIIIIIIIIIIIIIIIIIII 02 / 01 /2 9 0 2 � � 11:23f IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 1 S ChrisC.Munoz Pueb1oCtyC1k&Rec AGREE R 23.00 0 0.00 PUBLIC IMPROVEMENT AGREEMENT THIS AGREEMENT made and entered into as of January 10 , 2002 by and between Pueblo, a Municipal Corporation ( "City ") and Sunset Park Congregation Jehovah's Witnesses, a Colorado nonprofit corporation ( "Owner "), WITNESSETH: Recitals A. Owner owns in fee simple the property described and shown in attached Land Survey Plat ( "Property"). The Property is located in the unincorporated area of Pueblo County, Colorado and lies within Permit Area A described in Chapter 1 of Title XVI of the Pueblo Municipal Code and shown on the Extraterritorial Water Service Permit Areas map. B. Pursuant to Chapter 2 of Title XVI of the Pueblo Municipal Code and as a condition to receiving water services, the Property must be annexed to the City and improvements thereon must be developed and constructed in accordance with all City codes and ordinances. C. Owner will annex the Property to the City, but pending completion of annexation proceedings Owner desires to apply for a building permit to construct a building on the Property. D. City is willing to approve the issuance of a building permit for the building to be located as shown on the attached Land Survey Plat ( "Building ") upon the terms and conditions herein set forth (the "Building Permit "). Agreement In consideration of the foregoing Recitals and mutual covenants contained herein, City and Owner agree as follows: 1. The foregoing Recitals are true and correct and incorporated herein as if set out herein in full. 2. Owner shall annex the Property to the City and will file and execute all documents and perform all acts required to complete such annexation including, but not limited to, filing a complete Petition For Annexation on forms supplied by City and executing an Annexation Agreement in form and content approved by City. 3. City will approve the issuance of the Building Permit contingent upon and subject to: (a) Owner filing a complete Petition For Annexation; (b) City's Director of Public Works ( "Director ") approving the site plan for the Property; and IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 1 2002 11:251 ChrisC.Munoz Pusb1oCtYC1k&R@c AGREE R 25.00 D 0.00 (c) All engineering plans and specifications for the public improvements described in the attached June 27, 2001 letter from the Director (the "June 27, 2001 Letter ") be prepared and stamped by a Colorado licensed professional engineer and approved by the Director. 4. Owner shall construct and install, at it sole cost and expense, the public improvements described in paragraphs 1, 2, 3, 4, 5, 7 and 8 of the June 27, 2001 Letter before a certificate of occupancy will be issued for the Building. Owner shall not occupy or use the Building until after a certificate of occupancy has been issued for the Building. 5. Owner shall construct and install, at its sole cost and expense, the public improvements described in paragraph 6 of the June 27, 2001 Letter within 180 days after written notice is given to Owner by Director directing that the public improvements be constructed and installed. 6. The public improvements required pursuant to paragraphs 4 and 5 above shall not be considered to have been constructed and installed until after approval thereof by the Director. 7. Upon the Owner's failure, refusal or neglect for any reason to construct and install the public improvements within the time specified in paragraphs 4 and 5 above, City shall have the following remedies which shall be cumulative and the exercise of one or more shall not preclude the exercise of the others: (a) if the public improvements described in paragraph 4 hereof are not installed and approved as specified in said paragraphs 4 and 6, City may enjoin the use and occupancy of the Building; or, (b) if the public improvements described in paragraph 5 are not installed and approved as specified in paragraphs 5 and 6, City may institute appropriate proceedings to enforce the installation and construction of the public improvements; or cause the public improvements to be constructed and installed at the cost and expense of the Owner, and impose a lien upon the Property for the cost and expense thereof plus an amount equal to fifteen percent (15 %) of such cost and expense as an administrative fee and charge, by recording in the office of the Pueblo County Clerk and Recorder a statement of lien under oath of the Director showing the costs and expenses thereof and describing the Property. Upon recording the statement of lien, the costs, expenses, and administrative fee, plus interest thereon at the rate of 10% per annum, shall be a perpetual lien on the Property and remain in full force and effect until paid in full. 8. The Agreement is and shall be construed to be a covenant running with the Property and shall be recorded in the office of the Pueblo County Clerk and Recorder. -2- I IIIIII VIII IIIIII VIII III IIIIIIII VIII III VIII IIII IIII P age: 14 233 4 9 02 11:251 ChrisC.Muncz Pueb1cCtyC1k&Rec AGREE R 25.00 0 0.00 9. This Agreement shall inure to the benefit of and be binding upon the Property, and City and Owner, and their respective successors and assigns. 10. Any notice required to be given under this Agreement shall be given by personal service or by certified mail, postage prepaid, addressed: (a) if to City, Director of Public Works, City of Pueblo, 211 East "D" Street, Pueblo, Colorado, 81003; or (b) if to Owner, 987 West BellaCasa, Pueblo West, Colorado, 81007. 11. Owner and the person signing this Agreement on behalf of Owner represent and warrant that they have been duly authorized to execute and deliver this Agreement in the name of Owner and that this Agreement is a valid and binding legal obligation of the Owner enforceable in accordance with its terms. IN WITNESS WHEREOF, the parties have signed this Agreement in Pueblo, Colorado on the day and year first above written. _-r PUEBLO, A MUNICIPAL CORPORATION SUNSEYWARK CONGREGATION J 'S WITNESSES By BY 7 President of the City Council BQlr 4-e ( S Name: STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) Title: V tC� - O - Pres i & e-n } 2002 The foregoing instrument was acknowledged before me this 29th day of J anuary , %alai by Michael Occhi ato as President of the City Council of Pueblo, a Municipal Corporation. Witness my hand and official seal. [ SE M SAIyT�S • .9 FB 0.O 9911 ary Public My commission expires: 8 -21 -2003 My Commission Expires OBP2I= I IIIIII VIII IIIIII VIII III IIIIIIII VIII III VIII IIII IIII Page 13 004 11:259 Chr,sC.Muncz Pueb10CtyC1k&Rac AGREE R 25.00 D 0.00 STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) 2002 The foregoing instrument was acknowledged before me this O day of J� , 2661 �- by Lct-+ bo -y4e -1 c as V 1 Pr St d-tt }� of Sunset Park Jehovah's Witnesses, a Colorado Nonprofit Corporation. Witness my hand and official seal. 4f4 �i,Y, S VQ q . �0 . Notary Public My commission expires: v Z -4- LAND A5• UR VAT FLA 7' NE c«• ACREAGE B oak 42 A PORTION OF BLOCK 51, WESTSIDE ADDITION, AND A PORTION IF 10TH STREET AND AMHERST AVENUE, ° Black 51 narih Of may - 0.e1 Ave ± LOCATED WITH A PORTION OF THE SEl /4 OF THE SEL /4 OF SECTION 28, TOWNSHIP 2a SOUTH, '? ''g 11" 51 mouth of a11ey - 0.30 Ao,e 1• ' n Alley whin Bbd, 51 . 0.09 Aom y I Q W RANGE 65 VEST, OF THE 6th PM. PUEBLO COUNTY, COLORADO w ed ItOw 10 Stmt end Amhad Ave. S '+ Lit Rlghl- of -W - 0.45 Am ! , x Z >< Q tal To Avr re ge legal - 1.05 A. r LLI J e`ook 42 ° I- khd Uaple keage = 110 kres a= w BASIS OF BEARINGS Found /4 real M pes SE Black 42 SE ay. Q (Mock 42 N 11W 16' 47 E 530.41 (N) �•-- „,, .w+ 6' Back Iron F0.0 /4 nbor k I �R • +.«1,.. � Perimeter Fence Plasue cop PIS Iei1e 2Y -0• N 111 55' 23 E J1290 (D) 11111 se a , a 1 r 99' 10TH STREET l $ M.µ w.arr r _ r 8 t Mee - -N Site Reach Ngrk take rtm (no record or vocation) y 9 FJey.- 100.00 (aeswed) +4 Ober and Cop r _ _ _ - f Nadue ca ” pb NA - - - 1110SGPED AFA It 1 M9. USE fflblf • 4 } ! -0' O 7 d Parking [Walls L �" Total number of spaces 69 ch O h1 W 0 9' x 18' Parking Spaces Building + o' r-0 Q s 11 or s4 w ° too 9 " " • BO 9' x 18' Panting Spaces with alp 0 n e' o ,r 221_0. 0 — Three 9 x 18 Handicap and two 9' x 18' Stall's o � \ `oo ti y 259' -0• �� CO 10' x 20' Parking Spaces a �o. x :• -0• ,; — - N �� r OC C, B c . , -• ' • ��� — Signs Scale: �. _ .. • o — e sd _ r 1111 ♦V y — — —A' DIIveway • {� — n Leech Field „• 3n_ a 9 . — 36 wide Road Pine 1111111'11 n LEGEND j ...• — — — - — — D 9999 On - PLAT DISTANCE FSmid 14 W te ' .,: — — a a) - NEASIMSO DISTANCE wM; x" Merit S1 = _ _ � t'AOPERT D,.,,T,a Parcel 528- 051020 m CD) - DEED DISTANCE FROM — — — (� flat — — — — A Pars! of Black 51 al w eetaidm Addlilon,eei man TITLE ADSrRACT ez9aomr19t — — ny por11auNry droribed at roman the lnk a Uon of UN X011111 Line of the SE 1/4 W SE 1/4 of Smadm 29, 0 • SET IA2• REDAR VITH YELLOW F _ — — — , Tmmehi 10 South, Re 65 Wet « the en1 P.N., and the Wad M of mold N CAP 1S 925948 — — — 6 Sdewalk gOOI s' E.endod 4 a O NoAh y rhanae Fsday a lma ulh "We Narih Mae « MN SEI /4 N at the i 1 Nlmoe at 3211 ro Then Sa 14 21' Wr! o dNtanae — — — « 174.55 F to Alp Narlhedy Dr of a 1vad,uy, lhmae Swth 9il 11' Wrl, m — — — wid rN N Slock 5111 « o a Cfelr! « 317.04 Feet, to Ow Weet m a 9 1 Wr «sold Block 51 (hake Nadh 00' 07 Erik dmo DIe Wr! Dn0 and ar Week Dx edended al eatd .oak 51, a Distance « 31 d3 Feel to the Point of ,✓ 2 cub k gutter « Pwab, sate « aaa.da, m ;; N PC-0' A 'A" and esrpllnp th"fmm any paeal f otm Or Amha t et venue, D •. ` QA4pDl / located a2hM tlr boundaries of UN above tleeatbad 10D1 s prapnly. N Q w •.,,.,Y ow.. wl.PW N •- m w PIN m .+ N (0 r i N a ,f Y ED City of Pueblo DEPARTMENT OF PUBLIC WORKS June 27, 2001 Mr. Kurt Bartells Sunset Park Congregation of Jehovah's Witnesses 987 West Bella Casa Pueblo West, CO 81007 Re: Property at Nature Center Road and Amherst Street Dear Mr. Bartells: You have requested clarification of the public improvement requirements by the City for the property located at the northwest corner of Nature Center Drive and Amherst Avenue, as a condition of receiving extra territorial water service. These improvements would include the following: 1) Curb, gutter (both sides) and asphalt paving (full width) of Nature Center Road for the entire length of the property frontage plus asphalt transitions at each end, the width of this roadway is anticipated to be 36 feet. 2) Six -foot sidewalk, property side only. 3) Sanitary sewer with manholes, per approved plans, installed along property frontage on Nature Center Road. This pipe will be capped at each end for future connection to live system. 4) Drainage improvements per drainage plan approved by City Engineering. 5) Landscaping requirements per City Ordinance. 6) Public improvements to 10' Street and Amherst Street may be deferred upon execution of a Public Improvements Agreement, in a form approved by the City Attorney (see attached form). 7) Parking requirements per City Ordinance. 8) Water system per Board of Water Works requirements. 9) Plans and specifications for the above listed public improvements, prepared and stamped by a licensed Professional Engineer. 211 E. "D" Street Pueblo, Colorado 81003 (719) 543 -2860 Fax (719) 542 -6244 I Mr. Kurt Bartells June 20, 2001 Page 2 I hope that this answers your questions. If you need additional clarification, please call me. Sincerely, Tom Cvar Director of Public Works TC:bt pc: Jim Munch, Director of Planning & Development Dan Centa, Director of Transportation