Loading...
HomeMy WebLinkAbout08730ORDINANCE NO. 8730 AN ORDINANCE APPROVING THE THIRD AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE AREA COMMONLY KNOWN AND DESCRIBED AS NORTH OF RED CREEK SPRINGS ROAD AND EAST OF THE GOODNIGHT ARROYO, AS APPROVED BY ORDINANCE NO. 7241, AND AMENDED BY ORDINANCE NO. 7308 AND ORDINANCE NO. 7638 AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, The Proctor Family Partnership No. 2 LLLP and Domega Homes of Colorado, Inc., a Colorado Corporation (herein collectively the “Petitioners”) are the owners of property that was annexed into the City of Pueblo commonly known as the Regency Crest West Annexation, Case No. A-03-04, and described as North of Red Creek Springs Road and East of the Goodnight Arroyo as approved in Ordinance No. 7241; are subject to the certain terms and conditions contained within the Regency Crest West Annexation Agreement, Case No. A-03-04; and desire to amend the said Annexation Agreement; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Third Amendment to the Annexation Agreement approved by Ordinance No. 7241, dated December 13, 2004, a copy of which Third Amendment is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance to effectuate the policies and procedures described herein. SECTION 3. This Ordinance shall become effective immediately upon Petitioners’ execution of the Third Amendment to the Annexation Agreement described in Section 1 and attached hereto, which Second Amendment will thereafter be recorded by the City Clerk in the records of the Pueblo County Clerk and Recorder. INTRODUCED: _ April 14, 2014 BY: Ami Nawrocki COUNCILPERSON PASSED AND APPROVED: April 28, 2014 City Clerk’s Office Item # R-4 REGULAR MEETING AGENDA ITEM COUNCIL MEETING DATE: April 14, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier – Director of Planning & Community Development SUBJECT: AN ORDINANCE APPROVING THE THIRD AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE AREA COMMONLY KNOWN AND DESCRIBED AS NORTH OF RED CREEK SPRINGS ROAD AND EAST OF THE GOODNIGHT ARROYO, AS APPROVED BY ORDINANCE NO. 7241, AND AMENDED BY ORDINANCE NO. 7308 AND ORDINANCE NO. 7638 AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME SUMMARY: Attached is the Third Amendment to the Annexation Agreement between the City of Pueblo, The Proctor Family Partnership No. 2, LLLP, and Domega Homes of Colorado, Inc. PREVIOUS COUNCIL ACTION: Original Annexation Agreement approved December 13, 2004 by Ordinance No. 7241; Amendment to Annexation Agreement approved May 9, 2005 by Ordinance No. 7308, and Second Amendment to Annexation Agreement approved July 23, 2007 by Ordinance No. 7638. BACKGROUND: The Petitioners of the property have requested to amend the Annexation Agreement for the subject property to account for final roadway construction cost estimates and phasing of public improvements for certain areas in the Regency Crest development. Also, the Petitioner will pay to the City a sum of $10,000 for their contribution for the future right-of-way of Bandera Boulevard. FINANCIAL IMPLICATIONS: There are no direct costs to the City for the approval of the Third Amendment to the Annexation Agreement. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: Staff has worked with the Petitioner to arrive at mutually agreeable changes to the Annexation Agreement. ALTERNATIVES: Denial of the request. The Petitioner has requested the changes to facilitate the efficient and cost effective means to develop the remainder of the residential project. RECOMMENDATION: Approval of the Ordinance. PROPOSED MOTION: This Ordinance will be placed on the April 14, 2014 Consent Agenda for First Presentation and on the April 28, 2014 Regular Agenda for Final Presentation and Public Hearing. Attachments: Third Amendment to Annexation Agreement Reception 1974868 05/15/2014 01:44:20 PM re: Ordinance 8730 THIRD AMENDMENT TO ANNEXATION AGREEMENT Case No. A -03 -04 This Third Amendment To Annexation Agreement, Case No. A -03 -04 (the "Third Amendment ") entered into as of Anril 28, 2014 by and between the City of Pueblo, a Municipal Corporation (the "City ") and The Proctor Family Partnership No. 2, LLLP, and Domega Homes of Colorado, Inc., a Colorado corporation (collectively the "Petitioners "), WITNESSETH WHEREAS, the term "Property" as used herein means and includes the real property described in Exhibit A to the Annexation Agreement, Case No. A- 03 -04, dated December 13, 2004 and recorded January 19, 2005 at Reception No. 1603123, records of Pueblo County, as amended by an Amendment to Annexation Agreement dated May 9, 2005 and recorded October 14, 2005 at Reception No. 1643623, and Second Amendment to Annexation Agreement dated July 23, 2007 and recorded September 7, 2007 at Reception No. 1740938 (herein collectively the "Annexation Agreement "); WHEREAS, Petitioners represent and warrant that they are the owners of the Property in fee simple (other than for platted lots sold to third party purchasers) and are the successors in interest of The Proctor Family Partnership, LLLP, Floyd E. Orr, Jr., The Orr Trust, Margaret L. Orr (formerly Margaret L. Diodosio), William R. Ferrier and Jeannine L. Bledsoe (formerly Jeannine L. Krueger) as owners of the Property; WHEREAS, Petitioners have requested certain amendments be made to the Annexation Agreement in order to assist Petitioners in proceeding with its development of the annexed property, and City is willing to amend the Annexation Agreement for such purposes upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Petitioners agree as follows: 1. EXHIBIT "C" — Subparagraphs A. 2. b. ii. (a) through (e) are amended in their entirety to read as follows: (a) Red Creek Springs Road from Property's easterly boundary to west right of way of Suncrest Lane: $295,000 (1,585 1.f.) (b) Red Creek Springs Road from west right of way of Suncrest Lane to westerly boundary of Property, excluding Red Creek Springs arroyo crossing: $149,935 (785 I.f.) (c) Red Creek Springs Road arroyo crossing: $280,000 (d) East half of Bandera Parkway plus median: $118,825 (50% of 780 1.f. plus 780 I.f. of median) (e) West half of Bandera Parkway: $115,857 (50% of 780 I.f.) 1974868 ANNX_AG 05/15/2014 01:44:20 PM Page: 2 of 7 R 41.00 D 0.00 T 41.00 Gilbert rdliTIMEI ; IVIII 1'�KNig MI III 2. Paragraph 3.b. of Section A of Exhibit C of the Annexation Agreement is amended by the addition of the following subparagraphs (i) and (ii). (i) In full and final satisfaction of Petitioners' obligation to acquire and dedicate additional right of way for Bandera Parkway arroyo crossing at the location and in the alignment as shown on Exhibit C -1, Petitioners shall pay to the City, within twenty (20) days after the date of this Third Amendment, the sum of $10,000.00 as a reasonable estimate of compensation for land to be taken, damages, if any, to the residue of the owner's property, cost and expenses of condemnation, including reasonable appraisal, expert witness and attorney fees. (ii) The City has as of the date of this Third Amendment made arrangements with another developer to acquire and dedicate land that may be required for the transition of Bandera Parkway as shown on Exhibit C -1 from the northern boundary of the Property to the centerline of the roadway as it presently exists. Therefore, Petitioners shall have no further obligation to acquire and dedicate the Transition Area, provided, however, that Petitioners shall not be released from and shall have continuing responsibility to construct such transition. 3. Subparagraph (i), (ii) and (iii) of paragraph 4.a. of Section A of Exhibit C of the Annexation Agreement is amended in its entirety as follows: (i) Within 180 days after the issuance of the first building permit in Neighborhood G1 or I1. Petitioners shall construct the full width street improvements (44 feet, including curb and gutter) of Red Creek Springs Road between the western boundary of Regency Crest Filing No. 2 and the western right of way of Suncrest Lane as shown on Exhibit C -1. The full width street improvements shall be located 22 feet on each side of the proposed centerline of Red Creek Springs Road as shown on Exhibit C -1. The centerline of the proposed improvements of Red Creek Springs Road must align with the centerline of Red Creek Springs Road as it is presently designed at the eastern boundary of the Property. At the western right -of- way of Suncrest Lane, Red Creek Springs Road must transition, as approved by the Director of Public Works, from the full width improvements to the existing roadway width west of Suncrest Lane. The grading of the Lots south of Applecrest Drive must be completed by Petitioners to the satisfaction of the Department of Public Works in order to provide an appropriate transition from the rear lot lines to the future elevation of Red Creek Springs Road. (ii) Within 180 days after building permits have been issued for 85% of the total number of lots and or units within Neighborhoods E through J, Petitioners shall have constructed the full width street improvements (44 feet, including curb and gutter) of Red Creek Springs Road between the western boundary of Regency Crest Filing No. 2 and the western boundary of the Property as shown on Exhibit C-1. The full width street improvements shall be located 22 feet on 2 1974868 ANNX_AG 05/15/2014 01:44:20 PM Page: 3 of 7 R 41.00 D 0.00 T 41.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co 1111PirriNCI MIIII each side of the proposed centerline of Red Creek Springs Road as shown on Exhibit C -1. The centerline of the proposed improvements of Red Creek Springs Road must align with the centerline of Red Creek Springs Road as it is presently designed at the eastern boundary of the Property. At the western boundary of the property, Red Creek Springs Road must transition, as approved by the Director of Public Works, from the full width improvements to the existing roadway width. Petitioners' obligation to construct the transition at the west end of the Property shall be contingent on the City's acquisition of the necessary right of way for this transition, as stated above in subsection A.3.a. (iii) Within the deadline and times specified in ii., above, Petitioners shall construct the Red Creek Springs Road arroyo crossing as shown on Exhibit C -1, which will be designed and constructed according to the most current adopted roadway standards at the time of subdivision. The roadway transition shall occur beyond the arroyo crossing adjacent to Petitioners' property. 4. Petitioners shall, at least 30 days prior to approval and recordation of this Third Amendment, submit to City (a) an estimate of the current costs of constructing the Roadway Improvements certified by a Colorado licensed engineer, (b) a re- determination of the amount of the per lot deposit based upon such current estimated costs, and (c) a certified statement of the balance of the Account. Thereafter, the amount of the per lot deposit shall be equal to the re- determination by Petitioners and approved by the City Manager, which approval shall not be unreasonably delayed or withheld. Notwithstanding anything contained in this Third Amendment to the contrary, this Third Amendment shall not become effective nor binding on either City or Petitioners, until Petitioners comply with the provisions of this paragraph and the re- determined amount of the per lot deposit has been approved by the City Manager. This process shall be reviewed annually to determine whether the $2,200.00 per lot fee is sufficient to construct the Roadway Improvements. 5. In lieu of the condition of approval No. 5 of the Regency Crest Filing No. 8 subdivision, City will accept a grant by Petitioners of a "blanket" easement free of liens and encumbrances on, over and across Block 6, Parcel "E" and Parcel "F" to allow the City's future design and construction of a recreational trail. The Easement may contain appropriate provisions associated with the actual construction and maintenance of the recreational trail, must be in form and content approved by City, and be received by City executed and acknowledged for recording with 90 days from date of this Third Amendment. Petitioners shall not be obligated to construct any improvements associated with the recreational trail. 6. Paragraph 4.b. of Section A of Exhibit C of the Annexation Agreement shall be amended as follows: Bandera Parkway is one of the primary access roads to the Property. Bandera Parkway is a minor arterial with a one hundred four (104) foot right -of -way shown on Exhibit C -1 and will be designed and constructed according to the most current adopted roadway standards at the 3 1974868 ANNX_AG 05/15/2014 01:44:20 PM Page: 4 of 7 R 41.00 D 0.00 T 41.00 Gilbert Ortiz Clerk /Reoorder, Pueblo County, Co III R 1 �i � 1 111 time of subdivision. Petitioner shall in accord with Exhibit C -2, the schedule of improvements for Neighborhoods A through J, be solely responsible within 180 days after the issuance of the first building permit in Neighborhood F1 for construction of the east half of Bandera Parkway (29 feet, including curb and gutter along the east side of the roadway and a 16 — foot wide median along the west side of the roadway) from the north boundary of the Property to the south right -of -way of St. Clair Avenue as shown on Exhibit C -1. At the northern boundary of the Property, Bandera Parkway must transition, as approved by the Director of Public Works, to the existing roadway width north of the Property. 7. Paragraph 4.c. of Section A of Exhibit C of the Annexation Agreement shall be amended as follows: St. Clair Avenue is one of the primary access roads to the Property. St. Clair Avenue is a minor arterial with an eighty (80) foot right -of -way shown on Exhibit C -1 and will be designed and constructed according to the most current adopted roadway standards at the time of subdivision. Within 180 days after the issuance of the first building permit in Neighborhood F2 or G4, as applicable, Petitioner shall dedicate all land required for and construct St. Clair Avenue from the eastern boundary of the Property to the centerline of the Bandera Parkway right -of -way as shown on Exhibit "C -1 ". 8. Exhibit C -1 of the Annexation Agreement shall be amended, as follows: Neighborhood E will now be known as El and E2 Neighborhood F will now be known as F1 and F2 Neighborhood G will now be known as G1 through G4 Neighborhood H will now be known as H1 through H3 Neighborhood I will now be known as I1 through I3 Neighborhood boundary lines could vary to accommodate new proposed lot sizes. 9. Exhibit C -2 of the Annexation Agreement shall be amended, as necessary, to implement the changes set forth in this Third Amendment above. Such changes shall include the following partial section amendments: Neighborhood El and E2 Schedule of Improvements: If not already constructed as a requirement of Neighborhoods F2, G1 and G4 construct St. Clair Avenue from eastern boundary of property to the west boundary of Neighborhood E2. Neighborhood F1 and F2 Schedule of Improvements: 4 1974868 ANNX_AG 05/15/2014 01:44:20 PM Page: 5 of 7 R 41.00 D 0.00 T 41.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co E Mill W 1 As a requirement of F2, construct St. Clair Avenue from eastern boundary of the Property and connect with Bandera Parkway. As a requirement of Fl, construct east half of Bandera Parkway and median with transition at north end of roadway to align with existing pavement. The road shall be constructed from north boundary of property to the south right -of -way of St. Clair Avenue. Neighborhood G1 through G4 Schedule of Improvements: If Neighborhood G4 is built prior to Neighborhood E2, F2 and G1 then St. Clair Avenue will be constructed from the eastern boundary of the Property and connect with Bandera Parkway. Neighborhood Hl through H3 Schedule of Improvements: Pursuant to subparagraph ii of paragraph 4a of Section A of Exhibit C of the Third Amendment to the Annexation Agreement. Neighborhood I1 through I3 Schedule of Improvements: Pursuant to subparagraph iii of paragraph 4a of Section A of Exhibit C of the Third Amendment to the Annexation Agreement. Neighborhood J Schedule of Improvements: Construct west half of Bandera Parkway and, if not already constructed as part of Neighborhood Fl, a median with a transition at north end of roadway to align with existing pavement. The road shall be constructed from north boundary of property to the south right -of -way of St. Clair Avenue. 10. Exhibit C -5, Paragraph 3. subparagraph (i) (a) through (e) shall be amended to read as follows: (a) Red Creek Springs Road from Property's easterly boundary to west right of way of Suncrest Lane: $295,000 (1,585 1.f.) (b) Red Creek Springs Road from west right of way of Suncrest Lane to westerly boundary of Property, excluding Red Creek Springs arroyo crossing: $149,935 (785 1.f.) (c) Red Creek Springs Road arroyo crossing: $280,000 5 1974868 ANNXAG 05/15/2014 01:44:20 PM Page: 6 of 7 R 41.00 D 0.00 T 41.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co imh 11111 (d) East half of Bandera Parkway plus median: $118,825 (50% of 780 feet plus 780 feet of median) (e)West half of Bandera Parkway: $115,857 (50% of 780 feet) The Annexation Agreement as amended by this Third Amendment shall continue in full force and effect, binding on Petitioners and the City, and their respective successors and assigns. Executed at Pueblo, Colorado as of the day and year first above written. PUEBLO, A Municipal Corpora ion [SEAL] By: L/ /1!' - 1 !i Sandra Daff, President of err ouncil ATTEST: ■ Gina tcher, City Clerk APPROVED AS TO FORM: Daniel C. Kogosek ` PETITIONERS: The Proctor Family Partnership No. 2, LLLP, a Colorado limited liability limited partnership By: C.T. Proctor, General Partner Domega Homes of Colorado, Inc., a Colorado corporation By: .P7 *. C.T. Proctor, President 6 1974868 ANNXAG 05/15/2014 01:44:20 PM G o 7 -R Clerk /Re P Pueblo C ou 40 nty, Co III r�N� .I ®.I�IrI���R��t rw 11111 STATE OF COLORADO ) )ss. COUNTY OF PUEBLO ) A The foregoing instrument was acknowledged before me this 2gu, day of , 2014, by Sandra Daff as President of the City Council and Gina Dutcher as the City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. Mifroontateission expires: 5 _ 21 - 2O I LORENE BRAVO -NEFF 19FAIE?UBLIC STATE OF COLORADO j Notary Public STATE OF COLORADO ) )ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this ' } l day of March, 2014, by C.T. Proctor as general partner of The Proctor Family Partnership No.2, LLLP, a Colorado limited liability limited partnership. Witness my hand and official seal. My commission e ! ires: �� I i' • rS IGI-I NOORI ARV PUBLIC • STATE OF COLORADO i1 �t} /\ NOTARY ID 1999401560 My Commission Expires June 1, 2015 Notary liC STATE OF COLORADO ) )ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this » day of March, 2014, by C.T. Proctor as president of Domega Homes of Colorado, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: t [ (/) NOTARY PUBLIC STATE OF COLORADO Notary i' , lic NOTARY ID 19994015500 My Commission Expires June 1, 2015 7