HomeMy WebLinkAbout08461Reception 1908391
05/24/2012 03:53:32 PM
ORDINANCE NO. 8461
AN ORDINANCE ANNEXING THE AREA COMMONLY
KNOWN AS ST. CHARLES INDUSTRIAL PARK, PHASE
1 AND DESCRIBED AS EAST OF VESTAS TOWERS
AMERICA AND NORTH OF LIME ROAD
WHEREAS, the City Planning and Zoning Commission has recommended that
the area described in Section 1 hereof be annexed to the City of Pueblo; and
WHEREAS, the City Council has heretofore found and determined by Resolution
that the Petition for Annexation and the area described in Section 1 hereof to be in
compliance with the notice and other applicable provisions of the Municipal Annexation
Act of 1965 and C.R.S. §31 -12 -104, 105 and 107(1); and
WHEREAS, the City Council has by Resolution found and determined that an
election is not required under C.R.S. §31 -12 -107 (2) and no additional terms and
conditions are to be imposed upon the area described in Section 1 other than those set
forth in the Petition for Annexation and the Annexation Agreement;
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following described area situated in Pueblo County, Colorado, is hereby
annexed to Pueblo, a Municipal Corporation, subject to the terms and conditions set
forth in the Petition for Annexation and the Annexation Agreement, and the official map
of the City shall be amended to show such annexation:
1. AREA TO BE ANNEXED:
A portion of the SE 1/4 of Section 36, Township 21 South, Range 65 West
and a portion of the NE 1/4 of Section 1, Township 22 South, Range 65
West of the 6th P.M. County of Pueblo, State of Colorado and being more
particularly described as follows:
Commencing at the Northeast corner of Lot 1, Vestas Towers America,
according to the recorded plat thereof, as filed for record at Reception No.
1821580 in the Pueblo County records; said point also being on the
Westerly right -of -way line of the Burlington Northern and Santa Fe
Railroad (Line Segment No. 0477); thence S. 03 °00'08" W., along the
Easterly line of said Lot 1 and the Westerly right -of -way line of the
Burlington Northern and Santa Fe Railroad, a distance of 1361.98 feet to
the Point of Beginning; thence S. 86 °59'52" E., a distance of 325.00 feet;
thence S. 03 °00'08" W., a distance of 1393.87 feet to a point on the South
line of the SE 1/4 of said Section 36, Township 21 South said point also
being on the North line of the NE 1/4 of Section 1, Township 22 South;
thence S. 88 °25'10" E., along said South line of the SE 1/4 of Section 36,
Township 21 South and the North line of the NE 1/4 of Section 1,
Township 22 South, a distance of 1000.31; thence S. 03 °00'08" W., a
distance of 2455.66 feet to a point on the Northerly right -of -way line of
Lime road, according to the recorded Quit Claim Deed, as filed for record
at Reception No. 1744576 in the Pueblo County records; thence S.
41 °45'01" W., along the Northerly right -of -way line of said Lime road, a
distance of 190.30 feet to a point on the South line of the NE 1/4 of said
Section 1, Township 22 South; thence N. 88 °31'41" W., along said South
line of the NE 1/4 of said Section 1, Township 22 South a distance of
1206.32 to a point on the Easterly line of said Lot 1 and the Westerly right -
of -way line of the Burlington Northern and Santa Fe Railroad (Line
Segment No. 0477); thence N. 03 °00'08" E., along the Easterly line of said
Lot 1 and the Westerly right -of -way line of the Burlington Northern and
Santa Fe Railroad, a distance of 4005.35 feet to the Point of Beginning.
EXCEPTING THEREFROM: All of the Burlington Northern and Santa Fe
Railroad right -of -way.
Containing 71.00 acres, more or less.
2. PROPOSED NEW CITY LIMITS LINE:
Commencing at the Northeast corner of Lot 1, Vestas Towers America,
according to the recorded plat thereof, as filed for record at Reception No.
1821580 in the Pueblo County records; said point also being on the
Westerly right -of -way line of the Burlington Northern and Santa Fe
Railroad (Line Segment No. 0477); thence S. 03 °00'08" W., along the
Easterly line of said Lot 1 and the Westerly right -of -way line of the
Burlington Northern and Santa Fe Railroad, a distance of 1361.98 feet to
the Point of Beginning and the Present City Limits Line; thence S.
86 °59'52" E., a distance of 325.00 feet; thence S. 03 °00'08" W., a distance
of 1393.87 feet to a point on the South line of the SE 1/4 of said Section
36, Township 21 South said point also being on the North line of the NE
1/4 of Section 1, Township 22 South; thence S. 88 °25'10" E., along said
South line of the SE 1/4 of Section 36, Township 21 South and the North
line of the NE 1/4 of Section 1, Township 22 South, a distance of 1000.31;
thence S. 03 °00'08" W., a distance of 2455.66 feet to a point on the
Northerly right -of -way line of Lime road, according to the recorded Quit
Claim Deed, as filed for record at Reception No. 1744576 in the Pueblo
County records; thence S. 41 °45'01" W., along the Northerly right -of -way
line of said Lime road, a distance of 190.30 feet to a point on the South
line of the NE 1/4 of said Section 1, Township 22 South; thence N.
88 °31'41" W., along said South line of the NE 1/4 of said Section 1,
Township 22 South a distance of 1206.32 to a point on the Easterly line of
As Amended April 9, 2012
said Lot 1 and the Westerly right -of -way line of the Burlington Northern
and Santa Fe Railroad (Line Segment No. 0477) and the Present City
Limits line and Point the of Terminus.
EXCEPTING THEREFROM: All of the Burlington Northern and Santa Fe
Railroad right -of -way.
3. CERTIFICATION OF PERIMETER:
At least one -sixth of the boundary of the land described in paragraph one
(1) above, is now existing City Limits Line.
SECTION 2.
The owners of one hundred percent (100 %) of the property to be annexed have
petitioned for such annexation.
SECTION 3.
The Annexation Agreement in the form and content presented to the City Council
on or before second reading of this Ordinance, with such minor changes as the
President of City Council and City Attorney may approve, is hereby authorized and
approved. The President of the City Council is hereby directed and authorized to
execute and deliver the Annexation Agreement in the name of the City and the City
Clerk is directed to affix the seal of the City thereto and attest same.
SECTION 4.
Within thirty (30) days after the effective date of the Ordinance, the City Clerk
shall:
(a) File one copy of the annexation map with the original of this ordinance in the office
of the City Clerk;
(b) File for recording three certified copies of this Ordinance and annexation map with
the Pueblo County Clerk and Recorder;
(c) File one certified copy of the annexation map and this Ordinance with the
Southeastern Colorado Water Conservancy District.
SECTION 5.
The City Council hereby consents to the inclusion of the annexed area in the
Southeastern Colorado Water Conservancy District pursuant to C.R.S. §37 -45 -136
(3.6).
SECTION 6.
This Ordinance shall become effective immediately upon final passage, but shall
not become effective unless a fully signed Annexation Agreement is deposited with the
City Clerk by Petitioner on or before April 23, 2012. The annexation shall be effective
for ad valorem tax purposes on and after January 1, 2013.
o�p. INTRODUCED MARCH 26, 2012
�
� tt to
BY:
Leroy Garcia
A/ I COUNCIL PERSON
I= •
'" APPROVED , /l
PRE :ID NT iF CITY COUNCIL
ATTESTED BY:
ITY CLERK
PASSED AND APPROVED: April 9, 2012
Background Paper for Proposed
ORDINANCE
DATE: MARCH 26, 2012 AGENDA ITEM # R-1
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS ST. CHARLES
INDUSTRIAL PARK, PHASE I AND DESCRIBED AS EAST OF VESTAS TOWERS
AMERICA AND NORTH OF LIME ROAD
ISSUE
Should City Council approve the proposed annexation of property located east of
Vestas Towers America and north of Lime Road?
RECOMMENDATION
The Planning and Zoning Commission, at their March 14, 2012 Regular Meeting, voted
4-0 to recommend approval with the following condition:
Applicant must sign an Annexation Agreement, including the provisions of Section XIV -
Special Improvements, Dedications, and Impact Fees, contained within the Annexation
Agreement, which requires compliance with Exhibit C.
BACKGROUND
Scanio Family LTD, is requesting to annex a 71.00-acre site into the City known as St.
Charles Industrial Park, Phase 1 to facilitate the construction of a railroad product
manufacturing facility. The majority of product will be shipped to and from the site via
rail. This site is located along the east side of the Burlington Northern and Santa Fe
Railroad. This is a PEDCO prospect looking to relocate their operations in Pueblo and
is anticipated to provide 100 jobs.
FINANCIAL IMPACT
Subject to the terms and conditions of the annexation agreement, the City of Pueblo will
provide police and fire protection services to the property. In addition, the public roads
and sanitary sewer main extensions will be maintained by the City of Pueblo once they
have been constructed and accepted by the City.
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05/08/2012 02:21:35 PM
ANNEXATION AGREEMENT
CASE NO. A -12 -01 St. Charles Industrial Park Annexation, Phase 1
This Annexation Agreement entered into as of A f'' "z` , 2012, by and
between the City of Pueblo, a Municipal Corporation, (the "City ") and Scanio Family LTD, a
Texas Limited Partnership (herein collectively the "Petitioner "), WITNESSETH
WHEREAS, the Petitioner is the owner of the real property located in Pueblo County,
Colorado, and described in Exhibit "A" attached hereto and incorporated herein (the
"Property ");
WHEREAS, the Petitioner has submitted a petition for the annexation of the Property to
the City; and
WHEREAS, as a condition precedent to the annexation of the Property, Petitioner has
agreed to enter into an annexation agreement with the City setting forth certain terms and
conditions with respect to such annexation.
NOW THEREFORE, in consideration of the foregoing, and the covenants and
conditions set forth herein, the City and Petitioner agree as follows:
I. REPRESENTATION AND WARRANTIES OF PETITIONER
Petitioner hereby represents and warrants to, and covenants with, the City as follows:
(1) Petitioner is a limited partnership duly organized and validly existing under the
laws of Texas.
(2) Petitioner has good and marketable fee simple title to the Property subject only to
Permitted Encumbrances attached hereto as Exhibit "B."
(3) Petitioner is authorized to, and has taken all action required by it (a) to annex the
Property to the City and (b) to execute, deliver and perform its obligations under this
Annexation Agreement, and (c) to carry out and consummate all of its transactions contemplated
by this Annexation Agreement.
(4) This Annexation Agreement when executed and delivered, constitutes a valid and
legally binding obligation of the Petitioner enforceable against Petitioner according to its terms.
(5) Neither the execution and delivery of this Annexation Agreement nor the
fulfillment of or compliance with its terms and conditions, nor the consummation of the
transactions contemplated hereby, conflicts with or results in a breach of the terms, conditions or
provisions or any restriction or any agreement or instrument to which the Petitioner is bound, or
constitutes a default under any of the foregoing.
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(6) There is no litigation pending, or to the knowledge of Petitioner threatened,
against the Petitioner or any person affecting the right of the Petitioner to execute this
Annexation Agreement or to comply with the provisions hereof.
(7) The representations and warranties of Petitioner contained herein will be true and
correct in all material respects as of the date of recording the annexation plat and Ordinance of
the City Council approving the annexation of the Property, as if made on the date of such
recording.
II. MASTER DEVELOPMENT PLAN
Petitioner will prepare and submit or cause to be prepared and submitted to the Planning
and Zoning Commission for approval a Master Development Plan for the Property. The Master
Development Plan shall be prepared in consultation with the City's Subdivision Review
Committee and Department of Planning and Development and submitted in its entirety to the
Planning and Zoning Commission. The Master Development Plan will comply with the policies
of the Pueblo Regional Comprehensive Development Plan existing as of the date the Master
Development Plan is approved, and will be designed to address, identify and resolve all
development, drainage, utilities, traffic and other infrastructure needs and requirements and the
wide range of planning and development issues involved in and with respect to the development
of the Property. The Master Development Plan as submitted and approved by the Planning and
Zoning Commission will have the flexibility to adapt to changing conditions over the estimated
time period for the development of the Property and shall consist of the following: (a)
Development Plan, (b) Drainage Plan, (c) Sanitary Sewer Plan, (d) Transportation Plan, and (e)
Environmental Study:
(1) Development Plan. The Development Plan shall be prepared in accordance with
the requirements of Sections 12- 4- 5(a)(2) and 12- 4 -6(a) of the Pueblo Municipal Code. A
development plan establishing the anticipated phasing of the development of the Property shall
be prepared as part of the Development Plan.
(2) Drainage Plan. The Drainage Plan shall be prepared in accordance with the
Storm Drainage Design Criteria and Drainage Policies for the City of Pueblo, Colorado,
published June 9, 1997, or as same may hereafter be amended (MANUAL) and be certified by a
Professional Engineer competent in the field of surface water drainage engineering and
registered in the State of Colorado. The Drainage Plan shall address surface water drainage
within the Property and onto the Property from other areas, as well as the effects of the
development of the Property upon downstream properties and drainage facilities. Water quality
management and erosion control measures will be incorporated in the Drainage Plan to meet
future NPDES requirements. Associated impacts on City's existing and proposed surface water
drainage system shall be identified in the Drainage Plan, and those impacts which are reasonably
attributable to the development of the Property as determined by the City, in its sole discretion,
shall be mitigated through surface water drainage improvements installed by and at the expense
of the Petitioner. The Drainage Plan shall include a phasing plan or schedule for such
improvements. Storm water detention facilities, designed and constructed in accordance with
the MANUAL, may be used to mitigate the increased runoff due to development of
the Property.
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(3) Sanitary Sewer Plan. The Sanitary Sewer Plan shall be prepared in accordance
with the Sanitary Sewer Design Criteria and Policies for City of Pueblo published April 28,
2008, or as same may hereafter be amended, and be certified by Professional Engineers
competent in the field of sanitary sewer engineering and registered in the State of Colorado.
The Sanitary Sewer Plan shall address the needs of the entire gravity -fed sanitary sewer drainage
basin of which the Property is a part as provided in Exhibit C. The sewer drainage basin shall
be approved by the Director of Public Works. Associated impacts on City's existing non -
backbone system (less than 15 -inch diameter) and proposed sanitary sewer system shall be
identified in the Sanitary Sewer Plan, and those impacts which are reasonably attributable to the
development of the Property as determined by the City, in its sole discretion, shall be mitigated
through the installation of sanitary sewer improvements installed by and at the expense of the
Petitioner. The Sanitary Sewer Plan shall include a phasing plan or schedule for such sanitary
sewer improvements.
If sanitary sewers within the Property are oversized to serve future development outside
the Property but within the sewer drainage basin, an Agreement to partially recover cost of
constructing oversized or off -site sewer collection system improvements ( "Agreement ") will be
entered into between the Petitioner and the City in accordance with Chapter 5, Title XVI of the
Pueblo Municipal Code or as same may hereafter be amended.
If sanitary sewers are constructed downstream from the Property which will serve future
development outside the Property but within the sewer drainage basin, the Agreement may
include provisions allowing the Petitioner to be reimbursed in accordance with said Chapter 5 of
the City's ordinances.
The Agreement will comply with the City's then existing applicable ordinances but shall
not require any cost recovery from the City except to the extent that funds therefore are made
available by Resolution of the City Council pursuant to Section 16 -11 -4 of the Pueblo Municipal
Code or as same may hereafter be amended for oversizing the sanitary sewer system within the
Property.
(4) Transportation Plan. The Transportation Plan shall be prepared in accordance
with the criteria and general outline specified by the City Traffic Engineer and shall be
supported by studies and reports prepared by Professional Engineers competent in the field of
transportation and registered in the State of Colorado. Associated impacts on City's existing
and proposed traffic and roadway systems shall be identified in the Transportation Plan and
studies, and those impacts which are reasonably attributable to the development of the Property
as determined by the City, in its sole discretion, shall be mitigated through traffic improvements
constructed and installed by and at the expense of the Petitioner (such as, but not limited to,
traffic signals, signal interconnect, conduit and wire, deceleration/acceleration lanes, and median
islands). The Transportation Plan shall include a phasing plan or schedule of such traffic
improvements. If street improvements through or adjacent to property outside the Property are
required to be constructed, the Petitioner will pay the entire cost of such improvements and
thereafter be eligible for such cost recovery as may be provided under Section 12 -4 -12 of the
Pueblo Municipal Code or as same may hereafter be amended, but shall not
be eligible for any cost recovery from the City. Notwithstanding the foregoing provisions of this
Section 4, the obligation of the Petitioner for the improvements referenced in this Section 4 will
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not exceed the specific provisions of Exhibit "C" to this Annexation Agreement.
(5) Environmental Studies. In addition to the requirements of Section 12- 4- 6(b)(3)
of the Pueblo Municipal Code, if the Property includes any land that is adjacent to or has
previously been used for solid waste disposal by land filling, the Petitioner at its expense, shall
provide the City with a Phase I Environmental Study of the Property and a further in -depth study
of any potential methane gas presence on, or migration from or to the Property. Such studies
shall be performed by Professional Engineers competent in environmental engineering. The
boundaries of the landfill area shall be identified on the Master Development Plan and shall be
tested for the presence of methane gas in accordance with procedures approved by the
appropriate State Agencies and the results summarized as a comparison to State and Federal
regulatory limits of the landfill area and at the exterior boundary of the landfill area.
Petitioner may submit the Master Development Plan to the Planning and Zoning
Commission for approval any time after the City Council has found the petition for annexation
of the Property to be valid in accordance with the provisions of section 31 -12 -107, C.R.S. The
City may refuse to approve any building or occupancy permit for any portion or all of the
Property until after a Master Development Plan is approved.
III. ZONING AND SUBDIVISION
(1) No application for subdivision of all or any part of the Property shall be
submitted to or considered by the City until after the Master Development Plan has been
approved by the Planning and Zoning Commission; provided, however, that if the Property is
intended to be included in a single subdivision, the application for such subdivision may be
submitted at the time the Master Development Plan is submitted to the Planning and Zoning
Commission. No subdivision of the Property shall be approved prior to the time the ordinance
annexing the Property is approved on final presentation.
(2) Petitioner shall cause the Property to be zoned a Heavy Industrial District (I -3)
which constitutes the land use classification most nearly corresponding to the land use
classification into which the Property has been classified or will in the reasonable future be
classified under the Pueblo Regional Comprehensive Development Plan; provided, however,
that any land reserved for governmental purposes may be zoned S -1. If the Property is not so
zoned, no building or occupancy permit shall be approved by the City or issued by the Pueblo
Regional Building Department for any building or structure within any part of the Property.
(3) A petition to zone the Property may be filed at any time after the petition for
annexation has been found to be valid in accordance with the provisions of Section 31 -12 -107,
C.R.S. The Planning and Zoning Commission may hear the petition for zoning and make its
recommendations thereon prior to annexing the Property, but the proposed zoning ordinance
shall not be passed on final presentation prior to the date the ordinance annexing the Property is
approved on final presentation.
(4) The zoning provisions of this Article III relate to the initial zoning of the Property
after annexation. Such zoning is not guaranteed and the City Council of City retains its full
discretion with respect to such zoning. Nothing contained in this Article III shall be construed
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to limit the power of the City Council of City to rezone the Property or any part thereof after
approval of the initial zoning of the Property after annexation.
IV. PUBLIC FACILITIES
The Petitioner shall dedicate land and right -of -way for public uses and facilities
necessary and required to serve the Property or required as a result of the development of the
Property as determined by the City, in its sole discretion, including, but not limited to, sanitary
and storm sewers, drainage ways and facilities, utilities, streets, roadways, trail systems and
parks. The Petitioner at its expense shall construct and install all on -site and off -site
improvements necessary and required to serve the Property or required as a result of the
development of the Property as determined by the City, in its sole discretion, including, but not
limited to, streets, street lights, curbs and gutters, sidewalks, bridges, traffic control devices,
sanitary sewers, storm sewers, drainage and channel improvements and facilities, but excluding
public buildings such as fire stations, as provided in Exhibit C. All such improvements shall
meet and comply with applicable City Ordinances in effect at the time of installation of such
improvements.
V. UTILITIES
The Petitioner shall comply with all applicable requirements of the City of Pueblo
(sanitary and storm sewers), Public Service Company (natural gas), the applicable electric utility
franchised and holding a Certificate of Public Convenience and Necessity for electric service
within the annexed area, Comcast of Colorado IV, LLC (cablevision), Pueblo Board of Water
Works (water), and CenturyLink (telephone /data transmission) requirements for the installation
of mains, lines, stations, and any other appurtenant utility facilities in effect at the time of such
installation.
VI. COMPLIANCE WITH ORDINANCES
Except as otherwise specifically provided in this Annexation Agreement to the contrary ,
the development, subdivision and zoning of the Property shall meet and comply with all
applicable ordinances, resolutions, regulations, and standards of the City now existing or
hereinafter enacted or amended.
VII. BINDING EFFECT
The covenants, restrictions, and agreements herein set forth are covenants running with
the Property, shall run with and bind the Property, and shall extend to and be binding upon the
Petitioner and its legal representatives, successors, assigns and transferees. The Petitioner
expressly accepts and agrees to the covenants, restrictions, and agreements set forth herein by
execution of this Annexation Agreement and by the filing of its petition for annexation. If
Petitioner defaults in any of its obligations under this Annexation Agreement, including, without
limitation, land dedication obligations, City, upon notice given to Petitioner specifying the
default, may withhold all subdivision, special area plan, and other development approvals as
well as building and occupancy permits for any building or structure within the Property until
such default has been corrected to the satisfaction of the City.
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VIII. AMENDMENTS ill ° 11)11001, 141° ' 0 1 MI 111
Amendments to this Annexation Agreement may only be made through formal petition
to and approval by Resolution of the City Council after such amendment has been submitted to
and reviewed by the appropriate City Departments and such Departments have submitted their
findings and recommendations to the City Council. All amendments to the Master
Development Plan must be approved by the Planning and Zoning Commission after review and
recommendation by the appropriate City Departments.
IX. SEVERABILITY
If any section, clause, or other provision of this Annexation Agreement is for any reason
determined to be invalid or unenforceable by any court of competent jurisdiction, such
determination shall not affect any of the remaining provisions of this Annexation Agreement.
X. VESTED RIGHTS
As a condition of and in consideration of the City annexing the Property, the Petitioner,
for itself and its successors and assigns waives and releases all previously acquired or existing
vested property rights attached to or established with respect to the Property.
The Petitioner acknowledges and agrees that neither this Annexation Agreement nor any
provision hereof, nor the annexation of the Property to the City, nor the approval of the Master
Development Plan, zoning or subdivision, either separately or jointly (a) creates or establishes a
vested property right in or for the benefit of the Petitioner or its successors or assigns, or with
respect to the Property; or (b) constitutes a site - specific development plan. The terms "vested
property right" and "site- specific development plan" shall have the same meaning as set forth in
Section 17 -12 -2 of the Pueblo Municipal Code and §24 -68 -101, et seq., C.R.S.
XI. BUILDING PERMITS
No building or occupancy permit shall be approved by the City or issued by the Pueblo
Regional Building Department to occupy, construct or install any building, structure or other
improvement on the Property except within a subdivision approved by the City after adoption of
the ordinance annexing the Property which meets and complies with this Annexation Agreement
and City's ordinances, standards, and regulations.
XII. DISCONNECTION
(1) Disconnection by Petitioner. Petitioner acknowledges and agrees that upon
annexation of the Property, the Property shall become subject to this Annexation Agreement, the •
Charter, ordinances and rules and regulations of the City, but that City shall not have any
obligation to furnish or extend municipal services to the Property. Petitioner may, three (3) or
more years after annexation, petition under §31 -12 -119 C.R.S. for disconnection from the City if
the City does not, upon demand, provide the same municipal services to the Property on the
same general terms and conditions as the rest of the City receives.
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(2) Disconnection by City. If, for any reason, the Master Development Plan is not
approved and adopted by the Planning and Zoning Commission within three (3) years from date
of this Annexation Agreement, proceedings may be instituted by the City to disconnect the
Property from the City, and for such purpose, the Petitioner irrevocably consents to such
disconnection proceedings and waives any and all rights to contest such disconnection.
XIII. CONTRACTUAL NATURE OF ANNEXATION AGREEMENT
The terms, conditions and obligations of this Annexation Agreement are and shall be
construed to be purely contractual in nature, as terms, conditions and obligations voluntarily
agreed to by City and Petitioner prior to annexation of the Property to the City. The terms,
conditions and obligations imposed on Petitioner and the Property by this Annexation
Agreement are not nor shall they individually or cumulatively be construed to be conditions
upon granting land -use approvals within the meaning of sections 29 -20 -201 to 29 -20 -204,
C.R.S.
XIV. SPECIAL IMPROVEMENTS AND DEDICATIONS
In addition to the on -site and off -site improvements and land dedications required to be
made by the provisions of this Annexation Agreement, Petitioner will construct and install the
improvements, and dedicate or convey the land described in Exhibit "C" attached hereto and
incorporated herein. The improvements, dedication and conveyance described in said Exhibit
"C" are in addition to and not in substitution for any improvements or dedications otherwise
required by this Annexation Agreement.
XV. MISCELLANEOUS
(1) Notice. All notices or other communications hereunder shall be sufficiently
given and shall be deemed given when personally delivered, or mailed by registered or certified
mail, postage prepaid, addressed as follows:
(a) if to the City: Department of Public Works - City of Pueblo
211 East "D" Street, Pueblo, Colorado
Attention: Director of Public Works
(b) if to the Petitioner: Marion R. Scanio & C. Don Reed, Managers
Scanio Family LTD
101 N. Shoreline Blvd., Suite 600
Corpus Christi, TX 78401
or to such other address as either party by written notice given hereunder may designate.
(2) Governing Law. This Annexation Agreement shall be governed and construed in
accordance with the laws of the State of Colorado, without regard to conflict of law principles.
(3) No Third Party Beneficiaries. Nothing in this Annexation Agreement expressed
or implied is intended to or shall be construed to confer upon, or to give to, any person other
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than the City and the Petitioner any right, remedy or claim under or by reason of this Annexation
Agreement or any covenant, condition or stipulation hereof; and all the covenants, agreements
and stipulations in this Annexation Agreement contained by and on behalf of the City or the
Petitioner shall be for the exclusive benefit of the City and the Petitioner.
(4) Singular, Plural. Unless the context requires otherwise, words denoting the
singular may be construed as denoting the plural. Words of the plural may be construed as
denoting the singular. Words of one gender may be construed as denoting the other gender, if
applicable.
(5) Entire Agreement. All prior discussions, representations, understandings and
agreements, whether oral or written, between the parties with respect to the subject matter of
this Annexation Agreement are merged in this Annexation Agreement, which constitutes the
entire agreement between the parties.
-'a g, ; d at Pueblo, Colorado as of the day and year first above written.
i ` , Al r.` � 4 4 ,
, k i ' • v ti " PUEBLO, a Municipal Corporation
,, ?Ili ..'+ /rte - � B;
iii iilli l A
-..� •-,•- City Council
v ��
.: - , , er Presi nt of
APPROVED AS TO FORM:
�
City Attorn
PETITIONERS:
Scanio Family LTD, a Texas
Limited Partnership
[SEAL]
By: 2 i2 . Z C a-n-v.'
G ,X.::14....e.de..
Title: Managers
Attest�e -yUne,
BY La ✓ONNP_ SCh Ia_ba C k
Title Skj
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1906840 ANNX_AG 05/08/2012 02:21:35 PM
Page: 9 19 R 1.00 D, 000 T 101.00
Gilbert Ort iz Clerk /Reo Ft . eblo County Co
STATE OF COLORADO ) ss I II Phi 14C I it,l 1lluk 1 111
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this day of Apr , t ,
20 b-, by r ■ s K, krnw - Fvra as President of City Council and
gi- -' y ,� D c L C. r as City Clerk of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
..,r
► ommission expires: g /1 /�/ -
,r "cp. S. 0iF� ..
1 R I )A " .
a
" .1e-r-d.,..-..:-.0:-- .0.'X
• •
c N,;•. PUBLIC f' I Notary Public
COL ,,
� ants
STATE OF j�-{G�0 -J ) ss.
COUNTY OF 1 L U2.c )
The foregoing instrument was acknowledged before me this P7 d of ,
20 /Z , by Marion R. Scanio & C. Don Reed, Managers, Scanio Family, LTD, a Teas Limited
Partnership.
Witness my hand and official seal
My commission expires: _ /4
[SEAL
I > "•P °a<" LAVONNE K. SCHLABACH ' Ora-b/OlK,t-f---
': ` ° ; ' Notary Public ■ Notary Public
\ ' STATE OF TEXAS ■
s;'••••• .i4, My Comm. Exp. 02- 02- 2014' ►
-9-
1906840 ANNX AG 05/08/2012 02:21:35 PM
Pa 10 of 19 R 101 .00 D 0.00 T 101.00
Gilber Ortiz Cler /Recorder, Pueblo County, Co
III I is PrriPVANC1 Iti MINN! KM I 01
EXHIBIT A
AREA TO BE ANNEXED:
A portion of the SE 1/4 of Section 36, Township 21 South, Range 65 West and a portion of the
NE 1/4 of Section 1, Township 22 South, Range 65 West of the 6th P.M. County of Pueblo,
State of Colorado and being more particularly described as follows:
Commencing at the Northeast corner of Lot 1, Vestas Towers America, according to the
recorded plat thereof, as filed for record at Reception No. 1821580 in the Pueblo County
records; said point also being on the Westerly right -of -way line of the Burlington Northern and
Santa Fe Railroad (Line Segment No. 0477); thence S. 03 °00'08" W., along the Easterly line of
said Lot 1 and the Westerly right -of -way line of the Burlington Northern and Santa Fe Railroad,
a distance of 1361.98 feet to the Point of Beginning; thence S. 86 °59'52" E., a distance of
325.00 feet; thence S. 03 °00'08" W., a distance of 1393.87 feet to a point on the South line of
the SE 1/4 of said Section 36, Township 21 South said point also being on the North line of the
NE 1/4 of Section 1, Township 22 South; thence S. 88 °2510" E., along said South line of the
SE 1/4 of Section 36, Township 21 South and the North line of the NE 1/4 of Section 1,
Township 22 South, a distance of 1000.31 feet; thence S. 03 °00'08" W., a distance of 2455.66
feet to a point on the Northerly right -of -way line of Lime road, according to the recorded Quit
Claim Deed, as filed for record at Reception No. 1744576 in the Pueblo County records; thence
S. 41°45'01" W., along the Northerly right -of -way line of said Lime road, a distance of 190.30
feet to a point on the South line of the NE 1/4 of said Section 1, Township 22 South; thence N.
88 °31'41" W., along said South line of the NE 1/4 of said Section 1, Township 22 South, a
distance of 1206.32 feet to a point on the Easterly line of said Lot 1 and the Westerly right -of-
way line of the Burlington Northern and Santa Fe Railroad (Line Segment No. 0477); thence N.
03 °00'08" E., along the Easterly line of said Lot 1 and the Westerly right -of -way line of the
Burlington Northern and Santa Fe Railroad, a distance of 4005.35 feet to the Point of Beginning.
EXCEPTING THEREFROM: All of the Burlington Northern and Santa Fe Railroad right -of-
way.
Containing 71.00 acres, more or less.
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1906840 ANNX AG 05/08/2012 02:21:35 PM
Page: 11 of 13 R 101.00 D 0.00 T 101.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
P�� I' lI '1 !'L ! IrY'� maw rim RI 11111
EXHIBIT B
NONE
-1 1 -
• 1906840 ANNX AG 05/08/2012 02:21:35 PM
Page: 12 of tiz ?e, R 101.00 D 0.00 T 101.00
Gilbert Or Crk /Recorder, Pueblo County, Co
1111 IMPrillagiii:INTALIC WILIVEIVIC ". 11111
EXHIBIT "C"
SPECIAL IMPROVEMENTS AND DEDICATIONS
ST. CHARLES INDUSTRIAL PARK ANNEXATION, PHASE 1 (A- 12 -01)
ANNEXATION AGREEMENT
1. Off -Site Roadways
In compliance with the Pueblo Area Transportation System Plan, the City of
Pueblo will identify for the Petitioner the alignment of off -site freeways, arterials
and collectors, which provide connectivity to the Property. Petitioner will cause all
local roadways within the Property to connect with all adjoining local roadways.
"Identify" does not mean or include surveying or engineering services.
2. Access to Property
The primary access to the property will be Lime Road as shown on the
attached Exhibit C -1. If at the time of issuing the first building permit Lime Road is
under the authority of Pueblo County the Petitioner will be responsible for also
obtaining from the Pueblo County Road and Bridge Department an access permit
for Lime Road and will bear all cost of obtaining the access permit and
improvements required by the permit.
3. Secondary Access Road
The petitioner, in accordance with the 2009 International Fire Code and
amendments provided for in City Ordinance 8278, and at the discretion of the
Public Works Director based on the Property development plan, shall provide for
secondary access to the property. It is the responsibility of the Petitioner to
designate a secondary access point, which shall be approved by the Director of
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1906840 ANNX AG 05/08/2012 02:21:35 PM
Page: 13 of 13 R 101.00 D 0.00 T 101.00
Gilber Ortiz Clerk /Recorder, Pueblo County, Co
III °iII Fr) NI NI I#I' L!4 Mt MIT 11111
Public Works. The alignment, construction and installation of a secondary access
road shall be in compliance with the General Provisions for Roadway
Classification Design Standards and Policies and the City's Standard Construction
and Standard Details (Revised: March 28, 2005) or as same may be hereafter
amended and in accordance with construction plans, all which shall be approved
by the Director of Public Works. Petitioner may be eligible for Cost Recovery from
adjoining property owners for secondary access constructed outside the Property
as provided in Section 12 -4 -12 of the Pueblo Municipal Code. City may refuse to
approve any subsequent subdivision or issue building permits until such
secondary access is provided.
4. St. Charles Industrial Park Special Improvement Maintenance District
Petitioner shall, at the request of the City, sign a petition pursuant to
Chapter 9, Title XII, of the Pueblo Municipal Code to include the Property within a
special district for the purpose of providing for the maintenance of all landscaping
within the right -of -way along Lime Road, Greenhorn Drive, and South Pueblo
Parkway as presently established and as located and constructed in the future. In
order to implement this covenant, Petitioner shall place restrictions of record
sufficient to bind all the land within the Property and subsequent owners thereof to
this covenant.
5. On -site Landscaping
Petitioner and any subsequent owner of all or any part of the Property shall
provide and maintain, at its sole cost and expense, the minimum on -site
landscaping, as described below, within the Property at all times. All living and
non - living landscape materials, design, construction, plan review and approval of
2
1906840 ANNX AG 05/08/2012 02:21:35 PM
Page: 14 19 R 1 01. 0.00 T 101 00
Gilbert Ortiz of Clerk /Record D er, P ueblo County, Co
• BHA; P M,il1),',141: l 5I1,L '.r MIL Pi 11111
required landscaping shall meet and comply with Title XVII, Section 17 -4 -7
Landscaping Performance Standard of the Pueblo Municipal Code except as
otherwise specifically provided in this Annexation Agreement. Other Landscaping
Performance Standards not described herein this Annexation Agreement are
encouraged but not required.
Landscaping within the public right -of -way of Lime Road, Greenhorn Drive
and South Pueblo Parkway will not be the direct responsibility of the adjacent
property owner to said public right -of -way that is within the St. Charles Industrial
Park.
a. Site Roadway Entrance Landscaping
A landscape setback area shall be a minimum of twenty (20) feet wide and
one hundred (100) feet long along both sides of the roadway entrance into
the Property measured from the public right -of -way. One (1) shade tree for
every five - hundred (500) square feet of area within the landscape setback
area shall be planted along with ground cover. Living ground cover is
encouraged but not required.
b. Parking Lot Landscaping
Parking lot islands shall be installed at the end caps of each row of parking
spaces and throughout the parking lot, where there are no more than
twenty -five (25) consecutive parking spaces without a landscape island.
Each island shall be at least nine (9) feet wide and eighteen (18) feet long
or equal to the length of the adjacent parking stall if angled parking is used.
One (1) shade tree shall be planted in each island along with ground cover.
3
1906840 ANNX AG 05/08/2012 02:21:35 PM
Gilbert Ce r k k /Reoord 0, P ebto Coun 0 Co
1111 10,10I1: 141 SIR r 'NN ®1 111
Living ground cover is encouraged but not required. Landscape shall be
protected by standard curb head.
c. Sign Landscaping
Area surrounding free standing pole or monument sign, if any, shall be
landscaped with trees, shrubs and ground cover, living or not, for a
minimum distance of ten (10) feet all around. Sign landscape area may be
incorporated and count towards the Site Roadway Entrance Landscape
area.
6. Sanitary Sewer
Petitioner and any subsequent owner of all or any part of the Property shall
connect to the City's sanitary sewer system pursuant to Chapter 7, Title XVI, of the
Pueblo Municipal Code, at its sole cost and expense, at such time as the City
sanitary sewer system is within four hundred (400) feet of the Property. If the City
sanitary sewer system is not within four hundred (400) feet of the Property the City
will allow Petitioner to design, install at their sole cost and expense, an Individual
Sewage Disposal System ( "ISDS ") as regulated by the Colorado Department of
Public Health and Environment, and the Pueblo City- County Health Department
(Health Department Agencies "). All permit application requirements and
procedures shall be as per the Health Department Agencies. The City does not
and will not approve ISDS design or monitor its performance.
At such time if any of the Health Department Agencies determines that the
ISDS or any component of it has failed or is adversely impacting the water quality
in any water of the State of Colorado, the Petitioner and any subsequent owner of
all or any part of the Property shall be required to design, construct, obtain any
4
1906840 ANNX AG 05/08/2012 02:21:35 PM
Page: 16 of 1 � R 101.00 D 0.00 T 101
Gilber Ortiz Clerk /Recorder, Pueblo County, Co
lift MUM II 11 III
easements or agreements, at its sole cost and expense, for such infrastructure as
may be required to connect to the City's sanitary sewer system. The point of
connection shall be as approved by the Director of Public Works. If the
infrastructure includes a sanitary sewer pump station for the connection said pump
station shall be private with all operation and maintenance at the sole cost and
expense of the Petitioner in perpetuity. The City will not provide any operation or
maintenance thereof.
7. Railroad Lead Tracks
a. Petitioner has agreed to sell the Property, subject to this
annexation and subsequent subdivision. The subdivision is currently
pending as City of Pueblo Subdivision S- 12 -01, St Charles Industrial Park
Subdivision, Filing No. 1 (the "Subdivision "). As part of the subdivision the
City will require the subdividing party to convey to the City or City's
designee by special warranty deed marketable title to the westerly 125 feet
of Lot 1, Block 1 of the Subdivision, which strip of land also lies along the
east side of the Burlington Northern & Santa Fe Railway right -of -way ( "Main
Track ") for the purpose of a railroad lead track being constructed thereon
parallel to the Main Track, and for installation of other utilities (the "Rail and
Utility Corridor "). The conveyance of the Rail and Utility Corridor shall be
one hundred and twenty -five (125) feet wide (east and west) contiguous to
the Main Track the full length (north and south) of the Property.
b. At the option of the City, City may elect to purchase, and
Petitioner will also then sell to City or its designee, additional land owned by
Petitioner which is one hundred and twenty -five (125) feet wide (east and
5
1906840 ANNX AG 05/08/2012 02:21:35 PM
P 17 o f 1 9 R 1 01.00 D 0.00 T 101.
G ilbert Ortiz C lerk /Recorder, Pueblo County, C o
ialitI1��' 'i t1 tm NI111
west) contiguous to the Main Track located north and south of Lot 1, Block
1 of the Subdivision, and which may be necessary or desirable for the
installation of the railroad lead track and installment of other utilities (the
"Rail and Utility Corridor Extensions "). The purchase price for the land for
the Rail and Utility Corridor Extensions shall be $3,000.00 per acre. This
option must be exercised and the closing must occur within 180 days of the
City's approval of this Annexation Agreement or this option shall be null and
void. Upon exercise of this option City may freely re- convey the Rail and
Utility Corridor Extensions or any portions thereof, subject to any rights
which may be granted under subparagraph c. As part of the conveyance of
the Rail and Utility Corridor Extensions, Petitioner may reserve a non-
exclusive easement for access to utilize the lead track and utilities and
make connections thereto for Petitioner and Petitioner's successors and
assigns, as provided in paragraph c below.
c. In the event the City purchases the land for the Rail and Utility
Corridor Extensions, the land owned by the Petitioner or its successors in
interest which lies adjacent to the Rail and Utility Corridor Extensions shall
be granted the non - exclusive right to use the railroad lead track on an "AS
IS" and "WITH ALL FAULTS" basis. In order to use the railroad lead track,
users will be required to enter into Track Agreements governing the use of
the railroad lead track and connections thereto, as well as track
maintenance agreements and similar instruments. After its initial
construction, neither the City nor its designee shall have any continuing
responsibility to repair or maintain the railroad lead track.
6
1906840 ANNX AG 05/08/2012 02:21:35 PM
Page: 18 1 3 R .00 D 0.00 T 101 .00
Gilbert O rtiz of Clerk / Recorder 101 , Pueblo County Co
8. Stormwater ®�i� +P��,II�� "lu�'�I d r ioui���4f rocti 1 111
All stormwater flows from subdivisions within the Property must be detained
and /or retained as determined by the Director of Public Works. All stormwater
releases shall meet NPDES stormwater quality requirements. The Petitioner shall
be responsible to acquire and dedicate at its sole expense all easements for such
purposes. The Petitioner also shall construct at its sole expense a stormwater
drainage system and detention facility in compliance with the City's Drainage
Criteria Manual (June 9, 1997) and the City's Standard Construction Specifications
and Standard Details (Revised: March 28, 2005) or as same may be hereafter
amended and as shown on construction plans approved by the Director of Public
Works.
The off -site downstream storm drainage facilities must be analyzed for
capacity, and must be improved by Petitioner to handle the flows generated from
development occurring within the Property or additional detention and retention
facilities must be constructed by Petitioner. To the maximum extent practicable as
determined by the Director of Public Works, Petitioner must reduce the peak flows
and run -off volumes from the Property through stormwater detention and retention
facilities to levels that existed prior to any development within the Property, or to
levels that are capable of being handled by the downstream drainage facilities,
whichever is less.
Prior to the recording of any subdivision plat of land within the Property, the
subdivision drainage report and drainage facilities must be approved by the City's
Director of Public Works.
7
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