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.)
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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
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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
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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:
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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
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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