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HomeMy WebLinkAbout08790Reception 1992311 12/17/2014 08:36:33 AM ORDINANCE NO. 8790 AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE SOUTHERN COLORADO CLINIC ANNEXATION AND DESCRIBED AS SOUTH OF HIGHWAY 50 WEST, NORTH OF THE YMCA COMMUNITY CAMPUS, AND EAST OF WILDHORSE ROAD, AND APPROVING AN ANNEXATION AGREEMENT RELATING THERETO 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 o compliance with the notice and other applicable provisions of the Municipal Annexation "=3 Act of 1965 and C.R.S. §31-12-104, 105 and 107(1); and Emc mM° WHEREAS, the City Council has by Resolution found and determined that an M ° election is not required under C.R.S. §31-12-107 (2) and no additional terms and (1813:- conditions are to be imposed upon the area described in Section 1 other than those set mm forth in the Petition for Annexation and the Annexation Agreement; NOW THEREFORE, " v BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: NW- SECTION 1. on° owe .4,0% The following described area situated in Pueblo County, Colorado, is hereby N v 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: AREA TO BE ANNEXED: A parcel of land being a portion of Wiley's Park Heights, according to the recorded plat thereof, filed for record May 31, 1890 at Reception No. 40353 in the records of the Pueblo County Clerk and Recorder, located within a portion of the NE 1/4 of Section 15, Township 20 South, Range 65 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: BEGINNING at a point on the south line of said NE 1/4 of Section 15, said point also being on the easterly right-of-way line of the A.T. & S.F. Railroad, from which the E 1/4 corner of said Section 15 bears N 88°40'53"E (bearings based on the east line of the NE 1/4 of Section 15, Township 20 South, Range 65 West of the Sixth Principal Meridian, monumented at the E 1/4 corner with a No. 6 rebar with 2 1/2" aluminum cap P.L.S. No. 10402 and monumented at the NE corner with an axle with 2 1/2" Brass Cap P.L.S. No. 10402, assumed to bear N 01°36'02"W), a distance of 945.01 feet; thence S 88°41'03"W, along said south line of the NE 1/4 of Section 15, a distance of 1300.02 feet to a point on the easterly right-of-way line of Torpy Street; thence N 01°35'39"W, along said easterly right-of-way line of Torpy Street, a distance of 419.33 feet to the SW corner of Lot 8, Block 131 of said Wiley's Park Heights; thence S 88°24'21"W and along the southerly line of Lot 41, Block 132 of said Park West Business Campus, Filing No. 4, a distance of 185.00 feet to the SW corner of said Lot 41; thence N 01°35'39"W, along the easterly right-of- way line of the Alley within said Block 132, a distance of 259.99 feet to SW corner of Lot 25, Block 117 of said Wiley's Park Heights; thence S 88°28'22"W, along the northerly right-of-way line of 37th Street, a distance ee— of 103.77 feet to a point on the east line of Park West Business Campus MMB Filing No. 4; thence N 24°51'05"W, along said easterly line of Park West Business Campus Filing No. 4, a distance of 91.75 feet to a point on the easterly right-of-way line of Scott Street; thence N 01°35'39"W, along said G• eD easterly right-of-way line of Scott Street, a distance of 517.09 feet to the NW corner of said Block 117, said point also being on the southerly right- Nm• 0—c of-way line of U.S. Highway No. 50; thence along said southerly right-of- ;Y way line of U.S. Highway No. 50, the following five (5) courses: Nim N N 1) N 88°29'43"E, a distance of 321.70 feet; o2 MN 2) S 80°39'37"E, a distance of 931.93 feet; , 3) N 88°31'53"E, a distance of 200.12 feet; 4) along the arc of a non-tangent curve to the left whose center bears N 13°09'22"E, having a central angle of 03°09'01" and a radius of 5855.00 feet, a distance of 321.91 feet; 5) S 79°58'26"E, a distance of 142.70 feet to a point on the westerly right- of-way line of the A.T. & S.F. Railroad; thence along said westerly right-of-way line of the A.T. & S.F. Railroad, the following five (5) courses: 1) S 01°35'39"E, a distance of 21.67 feet; 2) S 88°24'21"W, a distance of 125.00 feet; 3) S 01°35'39"E, a distance of 660.00 feet; 4) S 88°24'21"W, a distance of 140.00 feet; 5) S 01°35'39"E, a distance of 325.66 feet to the POINT OF BEGINNING. Said Annexation Parcel contains 42.74 acres more or less. PROPOSED NEW CITY LIMITS LINE: A parcel of land being a portion of Wiley's Park Heights, according to the recorded plat thereof, filed for record May 31, 1890 at Reception No. 40353 in the records of the Pueblo County Clerk and Recorder, located within a portion of the NE 1/4 of Section 15, Township 20 South, Range 65 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: BEGINNING at a point on the south line of the said NE 1/4 of Section 15, said point also being on the easterly right-of-way line of the A.T. & S.F. Railroad being on the existing city limits line, from which the E 1/4 corner of said Section 15 bears N 88°40'53"E (bearings based on the east line of the NE 1/4 of Section 15, Township 20 South, Range 65 West of the Sixth Xs m Principal Meridian, monumented at the E 1/4 corner with a No. 6 rebar a" with 2 1/2" aluminum cap P.L.S. No. 10402 and monumented at the NE Myo? corner with an axle with 2 1/2" Brass Cap P.L.S. No. 10402, assumed to •• bear N 01°36'02"W), a distance of 945.01 feet, thence along said aL mm westerly right-of-way line of the A.T. & S.F. Railroad, the following five (5) rrol courses: mmo ms,04- AMY 1) N 01°35'39"W, a distance of 325.66 feet; 1xm- U 21 M N;ffili2) N 88°24'21"E, a distance of 140.00 feet; 0 ""' 3) N 01°35'39"W, a distance of 660.00 feet; mom— '"a" 4) N 88°24'21"E, a distance of 125.00 feet; 5) N 01°35'39"W, a distance of 21.67 feet to a point on the southerly right- of-way line of U.S. Highway No. 50; thence along said southerly right-of-way line, the following five (5) courses: 1) N 79°58'26"W, a distance of 142.70 feet; 2) along the arc of a non-tangent curve to the right whose center bears N 10°00'22"E, having a central angle of 03°09'01" and a radius of 5855.00 feet, a distance of 321.91 feet; 3) S 88°31'53"W, a distance of 200.12 feet; 4) N 80°39'37"W, a distance of 931.93 feet; 5) S 88°29'43"W, a distance of 321.70 feet to the POINT OF TERMINUS being the NW corner of Block 117 of said Wiley's Park Heights and the 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 at this meeting 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 es name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 4. MS Within thirty (30) days after the effective date of the Ordinance, the City Clerk Mr00 shall: Mmj- °3cLam • (a) File one copy of the annexation map with the original of this Ordinance in the office 4°� of the City Clerk; Nm°o- ��Y (b) File for recording three certified copies of this Ordinance and annexation map with the Pueblo County Clerk and Recorder; U 1 (3o (c) File one certified copy of the annexation map and this Ordinance with the P) Southeastern Colorado Water Conservancy District. mom= SECTION 5. The officers of the City are hereby authorized and directed to take all other actions necessary or appropriate, on behalf of the City, to effectuate the provisions of this Ordinance and the Annexation Agreement. SECTION 6. If any provisions of this Ordinance or Annexation Agreement shall be held or deemed to be illegal, inoperative, or unenforceable, the same shall not affect any other provisions or provisions of this Ordinance or Annexation Agreement or render the same invalid, inoperative, or unenforceable, except as otherwise expressly provided in the Annexation Agreement. SECTION 7. 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 8. This Ordinance shall become effective immediately upon final passage, but shall not become effective unless a fully signed Annexation Agreement is deposited by Petitioner on or before October 14, 2014 with the City Clerk. The annexation shall be effective for ad valorem tax purposes on and after January 1, 2015. INTRODUCED: September 22, 2014 c BY: Ed Bro -- ` ! y r CO - . ERS+ ° ...- �o APPROVE•�� ��/ \ " i � �� ►�� "ESID T OF CITY COUNCIL / ATTESTED :�f ..__ w� ., ITY CLERK PASSED AND APPROVED: November 10, 2014 1992311 ORD 12/17/2014 08:36:33 AM Page: 5 of 5 R 31 .00 D 0.00 T 31.00 Gilbert Ortiz ClerklRecorder, Pueblo County, Co ®��� MOW �w I��;MJ �'��I IS ,Wailikh 11111 City Clerk’s Office Item # R-1 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: September 22, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Department of Planning & Community Development SUBJECT: AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE SOUTHERN COLORADO CLINIC ANNEXATION AND DESCRIBED AS SOUTH OF HIGHWAY 50 WEST, NORTH OF THE YMCA COMMUNITY CAMPUS, AND EAST OF WILDHORSE ROAD, AND APPROVING AN ANNEXATION AGREEMENT RELATING THERETO SUMMARY: The proposed Ordinance would execute the annexation of a 43.55 acre parcel of land located in unincorporated Pueblo into the City limits. PREVIOUS COUNCIL ACTION: On September 8, 2014, City Council approved Resolution No. 13047, determining the annexation petition complied with Section 31-12-107(1) of the Colorado Revised Statutes and set the final Public Hearing for October 14, 2014. BACKGROUND: The Southern Colorado Clinic Annexation comprises 43.55-acres south of Highway 50 West, north of the YMCA Community Campus, and east of Wildhorse Road. Approval of this Ordinance will execute the annexation of the property into the City limits and approve an Annexation Agreement related to the development of the property. FINANCIAL IMPLICATIONS: The Petitioner acknowledges and agrees that upon the annexation of the area proposed to be annexed, the area shall become subject to the Charter, Ordinances, Resolutions, rules and regulations of the City, but that the City shall have no obligation to furnish or extend municipal services, including but not limited to sanitary sewer services, to the area proposed to be annexed. 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. As Amended 10/31/14 BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission will review the annexation at their October 8, 2014, meeting. A recommendation will be provided to the City Council for the October 14th Public Hearing. STAKEHOLDER PROCESS: Annexation Impact Reports will be filed with all taxing entities as required by Colorado Revised Statutes. ALTERNATIVES: City Council could recommend changes to the Annexation Agreement and then return the Ordinance to the Planning and Zoning Commission for consideration of proposed modifications. City Council could vote to not approve the annexation Ordinance. The applicant could resubmit an annexation petition in the future subject to the applicable provisions of the Municipal Annexation Act of 1965 and C.R.S. §31-12-104, 105 and 107(1). RECOMMENDATION: Approve the Ordinance. Attachments: Annexation Agreement Reception 1992313 12/17/2014 08:36:33 AM 22 ANNEXATION AGREEMENT CASE NO. A-11-02 SOUTHERN COLORADO CLINIC ANNEXATION This Annexation Agreement is made effective as of , 2014, by and between the City of Pueblo, a Municipal Corporation, (the "City"), for the use and benefit of SOUTHERN COLORADO CLINIC, P.C., ("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 Fij 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 m" conditions with respect to such annexation. E •7. "° NOW THEREFORE, in consideration of the foregoing, and the covenants and conditions Ih V a+ - set forth herein, the City and Petitioner agree as follows: CS)a, mt 5111I. REPRESENTATION AND WARRANTIES OF PETITIONER NQ- - r-'°°' Petitioner hereby represents and warrants to, and covenants with, the City as follows: WNL (1) The Colorado Department of Transportation is a state agency of the State of g Ne Colorado. OL (2) Petitioner has good and marketable fee simple title to the Property subject only to = Permitted Encumbrances attached hereto as Exhibit "B." -.a. (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. The document entitled "Special Improvements and Dedications" marked as Exhibit C, and attached hereto, is incorporated herein by this reference. In the event of a conflict between the terms and conditions of Exhibit C and this Agreement, the terms and conditions contained in Exhibit C shall control. (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. -1- i (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 _ contemporaneously with Petitioner's application to zone the Property as provided in Article III hereof. 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 a;o resolve all development, drainage, utilities, traffic and other infrastructure needs and M�0 requirements and the wide range of planning and development issues involved in and with 0� respect to the development of the Property. The Master Development Plan as submitted and mCS;a approved by the Planning and Zoning Commission will have the flexibility to adapt to changing ao - conditions over the estimated time period for the development of the Property and shall consist Nma of the following: (a) Development Plan, (b) Drainage Plan, (c) Sanitary Sewer Plan, (d) Nv.m Transportation Plan, and (e) Environmental Study: wau (1) Development Plan. The Development Plan shall be prepared in accordance with ta.7N Nthe requirements of Sections 12-4-5(a)(2) and 12-4-6(a) of the Pueblo Municipal Code. A ago development plan establishing the anticipated phasing of the development of the Property shall Nr � be prepared as part of the Development Plan. W m Oi 01� -aC (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 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. -2- (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 gravity-fed sanitary sewer drainage basin of which the Property is a part from the tributary area north of the Property through the Property to the south Property line 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-principal sanitary sewer 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 6)(3 the Property but within the sewer drainage basin, an Agreement to partially recover cost of Qo 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 Mm Pueblo Municipal Code or as same may hereafter be amended. : = -411LO� If sanitary sewers are constructed downstream from the Property which will serve future Nm� development outside the Property but within the sewer drainage basin, the Agreement may r=iti 8 include provisions allowing the Petitioner to be reimbursed in accordance with said Chapter 5 of Nthe City's ordinances. t N N The Agreement will comply with the City's then existing applicable ordinances but shall a� not require any cost recovery from the City except to the extent that funds therefore are made L- m"'° ` 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 mao 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 not exceed the specific provisions of Exhibit"C"to this Annexation Agreement. -3- (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 . a (1) No rights shall exist in Petitioner nor with respect to the Property arising from its M~� preexisting subdivision at the time of annexation. No application for subdivision of all or any ta o,r part of the Property shall be submitted to or considered by the City until after the Master CcIm d W Development Plan has been approved by the Planning and Zoning Commission; provided, mma- `12.. however, that if the Property is intended to be included in a single subdivision, the application Nmaa for such subdivision may be submitted at the time the Master Development Plan is submitted to NW 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. L�- IX NWNu (2) No later than ninety (90) days after the effective date of the ordinance annexing N a``�- the Property, Petitioner shall cause the Property to be zoned which constitutes the land use L �".o`'® classification most nearly corresponding to the land use classification into which the Property or°= has been classified or will in the reasonable future be classified under the City's comprehensive °:ate plan. (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. Petitioner shall not seek to rezone Property or any portion thereof to B-4 nor higher density zoning use. 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 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. -4- 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, parks and open space. 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, trail systems, parks, 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. All such improvements shall meet — and comply with applicable City Ordinances in effect at the time of installation of such - improvements. V. UTILITIES Em r� The Petitioner shall comply with all applicable City of Pueblo (sanitary and storm •a:° a 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 roc- area, Comcast of Colorado IV, LLC (cablevision), Pueblo Board of Water Works (water), and 002- authorized ILEC and CLEC (telephone/data transmission) for the installation of mains, lines, 0 - stations, and any other appurtenant utility facilities in effect at the time of such installation. All Nm existing and new power lines less than 30,000 volts and all other overhead utilities (1) within the �ID� Property, (2) within the public rights-of-way adjoining the Property, and (3) within the areas � adjacent to the Property which serves the Property shall be placed underground. W WNO N"_ VI. COMPLIANCE WITH ORDINANCES a0 O L Tenn ea_v Except as otherwise specifically provided in this Annexation Agreement to the contrary, e===- 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. -5- VIII. AMENDMENTS 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. a�eX. VESTED RIGHTS As a condition of and in consideration of the City annexing the Property, the Petitioner, o�Tfor itself and its successors and assigns waives and releases all previously acquired or existing mma vested property rights attached to or established with respect to the Property. Vie - NGL The Petitioner acknowledges and agrees that neither this Annexation Agreement nor any N~. provision hereof, nor the annexation of the Property to the City, nor the approval of the Master W� Development Plan, zoning or subdivision, either separately or jointly (a) creates or establishes a WN(..) vested property right in or for the benefit of the Petitioner or its successors or assigns, or with oo respect to the Property; or (b) constitutes a site-specific development plan. The terms "vested (10..`� property right" and "site-specific development plan" shall have the same meaning as set forth in mot°= Section 17-12-2 of the Pueblo Municipal Code and §24-68-101, et seq., C.R.S. maw 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. (2) Disconnection by City. If Petitioner defaults in any provision or condition of this Annexation Agreement and such default is not cured within ninety (90) days after written notice -6- specifying the default is given by City to Petitioner, or, if the default is one which cannot be cured within said 90-day period, and Petitioner fails to undertake the cure of such default within said 90-day period and diligently prosecutes same to completion, 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 11111 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. U� a(4� XIV. SPECIAL IMPROVEMENTS AND DEDICATIONS � Go In addition to the on-site and off-site improvements and land dedications required to be co • made by the provisions of this Annexation Agreement, Petitioner will construct and install the %ta improvements, dedicate the land, and pay or cause to be paid any fees described in Exhibit "C" Nm� attached hereto and incorporated herein. The improvements, dedication, and fees described in ; said Exhibit "C" are in addition to and not in substitution for any improvements or dedications ...�- �� otherwise required by this Annexation Agreement. WNO re XV. MISCELLANEOUS O "rte (1) Notice. All notices or other communications hereunder shall be sufficiently given m maw® 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: Patrick Timms, M.D. Southern Colorado Clinic, P.C. P.O. Box 9000 Pueblo, CO 81008 (c) copies to: David Lytle 229 Colorado Avenue Pueblo, CO 81004 Michael Cuppy NorthStar Engineering and Surveying, Inc. 1 l 1 E. 5th Street Pueblo, CO 81003 -7- or to such other address as either party by written notice given hereunder may designate. (2) Governing Law and Venue. 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. Venue for any action arising out of this Annexation Agreement shall be Pueblo County, Colorado. (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 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 ,,,Ss singular may be construed as denoting the plural. Words of the plural may be construed as a��a denoting the singular. Words of one gender may be construed as denoting the other gender, if � . applicable. I cod (5) Entire Agreement. All prior discussions, representations, understandings and 6.92-aaagreements, whether oral or written, between the parties with respect to the subject matter of this Nm� Annexation Agreement are merged in this Annexation Agreement, which constitutes the entire (4 Lo agreement between the parties. N m Executed at Pueblo, Colorado as of the day and year first above written. GNU la a'0 (Signatures on following page) N O1 OL= Via..11111 -8- O` ! 7. )- �,� ,� ' ; PUEBLO . :.�o ration c ; Ve X By .►''r ° -V ,..�.., residen o t e City Council dk 17 s-rp. 1111 ' APPROVED AS TO FORM: City Attorney ---___ PETITIONER: SOUTHERN COLORADO CLINIC, P.C.: Ell By: di,....y-N____, Patrick Timms, M.D. O �U_ G ¢10 c AtteSt.• 14-1-t, MFo By .vroij (2,._„Lr_nS / Mme 'rifle CC D.._.Soa Mter�..._et*L,a�Qo [°fes s -- mma'je a•0 ;CI Nm0� \.OKE ..mm3§ STATE OF COLORADO ) ss. � NNM COUNTY OF PUEBLO ) ma).ti The foregoing instrument was acknowledged before me this 11)tday of..._.._011Qe'Y_Iber, (-4-.m__ 2(14_, by 6-Etphi? ___r) G. NIAAwOCkt as President of City Council and N°�— __G-1 , .G&..._.....i Tch Lit as City Clerk of Pueblo, a Municipal Corporation. mai El Witness my hand and official seal. My commission expires: Math get{do 17 [ SEAL ] ‘ e.14. / JEANETTE R.GONZALES _._.......__....._.._... OF NOTARY PUBLIC tars Public STATE OF COLORADO NOTARY ID 20134016224 MY COMMISSION EXPIRES MARCH 29,2017 _9_ Exhibit A AREA TO BE ANNEXED: A parcel of land being a portion of Wiley's Park Heights, according to the recorded plat thereof, filed for record May 31, 1890 at Reception No. 40353 in the records of the Pueblo County Clerk and Recorder, located within a portion of the NE 1/4 of Section 15, Township 20 South, Range 65 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: BEGINNING at a point on the south line of said NE 1/4 of Section 15, said point also being on the westerly right-of-way line of the A.T. & S.F. Railroad, from which the E 1/4 corner of said Section 15 bears N 88°40'53"E (bearings based on the east line of the NE 1/4 of Section 15, MIN Township 20 South, Range 65 West of the Sixth Principal Meridian, monumented at the E 1/4 corner with a No. 6 rebar with 2 1/2" aluminum cap P.L.S. No. 10402 and monumented at the ° NE corner with an axle with 2 1/2" Brass Cap P.L.S. No. 10402, assumed to bear N m" 01°36'02"W), a distance of 945.01 feet; thence S 88°41'03"W, along said south line of the NE aV 1/4 of Section 15, a distance of 1300.02 feet to a point on the easterly right-of-way line of Torpy (11-0 Street; thence N 01°35'39"W, along said easterly right-of-way line of Torpy Street, a distance of Mm- 419.33 feet to the SW corner of Lot 8, Block 131 of said Wiley's Park Heights; thence S 2.2 - 88°24'21"W and along the southerly line of Lot 41, Block 132 of said Wiley's Park Heights, a distance of 185.00 feet to the SW corner of said Lot 41; thence N 01°35'39"W, along the VIE— easterly right-of-way line of the Alley within said Block 132, a distance of 259.99 feet to SW M corner of Lot 25, Block 117 of said Wiley's Park Heights; thence S 88°28'22"W, along the northerly right-of-way line of 37th Street, a distance of 103.77 feet to a point on the east line of WN2� Park West Business Campus Filing No. 4; thence N 24°51'05"W, along said easterly line of a oYaTITPark West Business Campus Filing No. 4, a distance of 91.75 feet to a point on the easterly right- mo a of-way line of Scott Street; thence N 01°35'39"W, along said easterly right-of-way line of Scott M.. Street, a distance of 517.09 feet to the NW corner of said Block 117, said point also being on the m southerly right-of-way line of U.S. Highway No. 50; thence along said southerly right-of-way line of U.S. Highway No. 50, the following five (5) courses: 1) N 88°29'43"E, a distance of 321.70 feet; 2) S 80°39'37"E, a distance of 931.93 feet; 3) N 88°31'53"E, a distance of 200.12 feet; 4) along the arc of a non-tangent curve to the left whose center bears N 13°09'22"E, having a central angle of 03°09'01" and a radius of 5855.00 feet, a distance of 321.91 feet; 5) S 79°58'26"E, a distance of 142.70 feet to a point on the westerly right-of-way line of the A.T. & S.F. Railroad; thence along said westerly right-of-way line of the A.T. & S.F. Railroad, the following five (5) courses: 1) S 01°35'39"E, a distance of 21.67 feet; -10- 2) S 88°24'21"W, a distance of 125.00 feet; 3) S 01°35'39"E, a distance of 660.00 feet; 4) S 88°24'21"W, a distance of 140.00 feet; 5) S 01°35'39"E, a distance of 325.66 feet to the POINT OF BEGINNING. Said Annexation Parcel contains 42.74 acres more or less. PROPOSED NEW CITY LIMITS LINE: A parcel of land being a portion of Wiley's Park Heights, according to the recorded plat thereof, 33 filed for record May 31, 1890 at Reception No. 40353 in the records of the Pueblo County Clerk mcsk— and Recorder, located within a portion of the NE '/4 of Section 15, Township 20 South, Range 65 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being more described as follows: M'"o� particularly MFv. nom BEGINNING at a point on the south line of the said NE 1/4 of Section 15, said point also being moats on the westerly right-of-way line of the A.T. & S.F. Railroad being on the existing city limits mm m line, from which the E 1/4 corner of said Section 15 bears N 88°40'53"E (bearings based on the N •13 east line of the NE 1/4 of Section 15, Township 20 South, Range 65 West of the Sixth Principal om Meridian, monumented at the E 1/4 corner with a No. 6 rebar with 2 1/2" aluminum cap P.L.S. No. 10402 and monumented at the NE corner with an axle with 2 1/2" Brass Cap P.L.S. No. WNo 10402, assumed to bear N 01°36'02"W), a distance of 945.01 feet, thence along said westerly a 43 " right-of-way line of the A.T. & S.F. Railroad, the following five (5) courses: p1Lins - 1) N 01°35'39"W, a distance of 325.66 feet; Via(® 2) N 88°24'21"E, a distance of 140.00 feet; 3) N 01°35'39"W, a distance of 660.00 feet; 4) N 88°24'21"E, a distance of 125.00 feet; 5) N 01°35'39"W, a distance of 21.67 feet to a point on the southerly right-of-way line of U.S. Highway No. 50; thence along said southerly right-of-way line, the following five (5) courses: 1) N 79°58'26"W, a distance of 142.70 feet; 2) along the arc of a non-tangent curve to the right whose center bears N 10°00'22"E, having a central angle of 03°09'01" and a radius of 5855.00 feet, a distance of 321.91 feet; 3) S 88°31'53"W, a distance of 200.12 feet; 4) N 80°39'37"W, a distance of 931.93 feet; -11- 5) S 88°29'43"W, a distance of 321.70 feet to the POINT OF TERMINUS being the NW corner of Block 117 of said Wiley's Park Heights and the existing city limits line. 3. CERTIFICATION OF PERIMETER: At least one-sixth of the area to be annexed is contiguous with existing City Limits Line, as continuity is permitted across public land as set forth in Section 31-12-104 Et. Seq. Colorado Revised Statutes 1994 (as amended) 2 l9°o._ • C tO a.•« to tl I- tom O 1 Mmeas- CO t9 j 1 G a31E GG N�L6t - N8 NO:Y�~ L m WN10 N t.) CD 4.-N� a O � No� Of k •tip® -12- EXHIBIT B (none) 1992313 AGREE 12/17/2014 08:36:33 AM Page: 13 of 22 R 116.00 D 0.00 T 116.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ■III x.4714,101 ,nno'NINAIli Ll'if Yah 111111 • • -13- EXHIBIT "C" SPECIAL IMPROVEMENTS AND DEDICATIONS SOUTHERN COLORADO CLINIC ANNEXATION (A-11-02) ANNEXATION AGREEMENT l. Off-Site Roadways In compliance with the Pueblo Roadway Development Plan and the Pueblo Area Council 2 ti of Governments Roadway Corridor Preservation Plan, the City of Pueblo will identify for the o� £�; 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 LOG 0 oa� adjoining local roadways. "Identify" does not mean or include surveying or engineering ;02313 m ®m13 �;� services. NOCY� 2. Access to Property �NO4 V�N aaoon Tuxedo Blvd extending south of US Highway 50 and Parker Blvd are the primary access m roadways to the Property. Tuxedo Blvd is classified as a minor arterial with a one hundred (100) main® foot right-of-way and Parker Blvd is classified as a mixed-use collector with an eighty (80) foot right-of-way. Both roadways are shown on Exhibit C-1. In connection with the development of Phase 2, as Phase 2 is defined and provided in paragraph 4, below, the Petitioner will be responsible for obtaining from the Colorado Department of Transportation (CDOT) an access permit for Tuxedo Blvd at US Highway 50, and will bear all cost of obtaining the access permit, design, and construction of all improvements required by the permit. The alignments of both roadways shall comply 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 constructionP lans, all which shall be approved by the Director of Public Works. If not -14- previously done, the Petitioner, at its sole cost, shall dedicate or convey by general warranty deed the necessary right-of-way in an alignment that is acceptable to the Director of Public Works. Such dedication or conveyance shall be done within 180 days after the Property, which either roadway or portion of roadway crosses, is subdivided. 3. Emergency Access Road The Petitioner, in accordance with the 2009 International Fire Code as amended and as enacted in City Ordinance 8278, shall provide emergency access to the Property. Petitioner has designated an emergency access point. This was approved by the Colorado Department of Transportation through emergency services access permit No. 214001 to the City of Pueblo. &-' The Director of Public Works has determined that CDOT Permit No. 214001 will provide a-� Memergency access that complies with City Ordinance 8278. The alignment, design, construction, Mm of mm 0, and installation of the emergency access road shall be in compliance with the CDOT permit N•o standards. For Phase 2 of the development of the Property, Petitioner will designate a secondary access to the Property which shall be approved by the Director of Public Works. The alignment, WN0 a- design, construction and installation of the secondary access, for Phase 2 of the development N • shall comply with the General Provisions for Roadway Classification Design Standards and 01 f '"a" 110 Policies and the City's Standard Construction and Standard Details (Revised: March 28, 2005) as later 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. If the Director of Public Works determines a "pioneer road" is appropriate, to serve as a secondary access to the Property, the paved roadway width shall be no fewer than twenty-eight (28) feet in width and be constructed in an alignment acceptable to the Director. The City may refuse to approve any subsequent subdivision or withhold issuing building permits for Phase 2 until such secondary access is provided. -15- 4. Sanitary Sewer If not already dedicated to the public or conveyed to the City, it will be the Petitioner's responsibility, at its sole cost, to acquire, dedicate and grant to the public a sanitary sewer easement, in a width and alignment according to the approved Sanitary Sewer Master Plan, and secure any permits that may be required by Pueblo County for the installation of the sanitary sewer line outside of the city limits of Pueblo. The principal sanitary sewer line shall be located on the east side of the Wild Horse Arroyo. The or easement for the principal sanitary sewer line will be designated of sufficient width to accommodate not only the principal sanitary sewer line but other pipelines for sanitary, storm or treated effluent conveyance. Such systems, installed by any entity of any type shall be located within this easement as approved by the City. The Property is divided into two areas by the existing Wild Horse Creek Arroyo. The O SC Go� E,o; west side is designated as Phase 1 and the east side as Phase 2, as shown on the attached Exhibit a..--SE Mme C-2. Phase 1 development will extend the existing 8 inch sanitary sewer in Parker Boulevard to CO el; ZIZ 6)0 the east. Phase 2 development will require the extension of the principal sanitary sewer system r1�L tO -.ID0- from the existing terminus point at the sanitary sewer manhole identified as MH # 415823.4 •-••-• NO'S W N!'+, north to the south Property line. Development of Phase 2 will extend the principal sanitary UiNo a0; sewer system from the south Property line to the south right-of-way line of State Highway No. VoilE 50 for future development on the east side of Wild Horse Creek Arroyo. If development north of m0. State Highway 50 extends the principal sanitary sewer system through the Property then the Petitioner will be subject to or eligible for a cost recovery for the principal sanitary sewer line system extension through Phase 2. Prior to the approval of the subdivision of any portion of the Property, Petitioner at its sole expense will be responsible to design the off-site sanitary sewer line connecting to the existing sewer line as identified within the Sanitary Sewer Master Plan, in such size, location and alignment approved by the Director of Waste Water. The sanitary sewer system must be -16- designed by a Colorado Licensed Professional Engineer and approved by the Director of Waste Water. Depending upon the point of connection to the sanitary sewer system, the Petitioner may incur and have to pay and/or be eligible for Cost Recovery per Section 16-5-5 of the City's Code of Ordinances for all or a portion of the cost of the sewer main extension or improvements to the existing sanitary sewer system. If the Petitioner, after good faith efforts, is not able to acquire from the intervening property owners the sanitary sewer easements in an alignment acceptable to the City, the City may, to the extent legally authorized, exercise its power of eminent domain to acquire the easement. Petitioner shall be responsible for all compensation for the land taken, damages, if any, to the residue of the owner's property, cost and expense of condemnation, including reasonable appraisal, expert witness, and attorneys' fees (Condemnation Costs). Petitioner will U g m alo OM deposit funds with the City in an amount equal to an estimate of Condemnation Costs, plus a M MF—V� Mm contingency amount all as determined by the City Attorney, before the City will commence '2'I .40` condemnation proceedings. N0 � 0 If for any reason the sanitary sewer main south of the Property has not already been en W'Y W N installed, Petitioner shall, for the purpose of proceeding with Phase 2 development, at V'W RA a�oo Petitioner's expense, design and install the off-site sanitary sewer main as identified in the M.. aL = Sanitary Sewer Master Plan and plans therefore approved by the Director of Waste Water within maw the sanitary sewer easement. The sanitary sewer main and system for the Property must be designed by a Colorado licensed Professional Engineer and approved by the Director of Waste Water. If Petitioner installs the sewer main, Petitioner may be eligible for reimbursement for any additional capacity resulting from the construction of the sewer main by the Petitioner under Section 16-5-5 of the Pueblo Municipal Code. Within the Property this principal sanitary sewer line system shall, as provided above in this Section 4, shall be located on the east side of the Wild Horse Arroyo as shall all other -17- pipelines for conveyance of storm, sewer or treated effluent installed by any entity of any type and as approved by the City. 5. Stormwater All stormwater flows from subdivisions within the Property must be detained or retained as determined by the Director of Public Works. All stormwater releases shall meet NPDES stormwater quality requirements. The Petitioner shall acquire and dedicate at its sole expense all easements for such purposes. The Petitioner also shall construct and install at its sole expense a stormwater drainage system and detention facility in compliance with the City's Drainage rid Criteria Manual (June 9, 1997) and the City's Standard Construction Specifications and Standard Details (March 25, 2005) or as same may be later amended and as shown on construction plans E�am approved by the Director of Public Works. a r,) 3 To the maximum extent practicable as determined by the Director of Public Works, moax Petitioner must reduce the peak flows and run-off volumes from the Property through stormwater �mL N�o-A detention and retention facilities to levels that existed before the Property was developed, or to r�o ....m— !*-."'YEa levels that are capable of being handled by the downstream drainage facilities, whichever is less. LUNc73 a o"� Prior to the approval of any subdivision of land within the Property, the subdivision c0nio N v m drainage report and drainage facilities must be approved by the City's Director of Public Works. ••• -.mom=-.ao 6. Trail Right-of-Way Dedication and Construction Petitioner shall at the time of the first subdivision dedicate or cause to be dedicated a recreational trail easement between the north and south boundary of the Property adjacent to the east bank of the Wild Horse Creek Arroyo ("Arroyo Trail"). The trail easement shall be a minimum of twenty (20) feet wide and shall be located outside of the 100 year floodplain and may also be utilized as a maintenance access road for the principal sanitary sewer system if in alignment of said sewer. In addition, the Petitioner shall at the time of the first subdivision dedicate a recreational trail easement between the east and west boundary of the Property -18- adjacent to the northern edge of the Property adjacent to Highway 50 ("Highway Trail"). The recreational trail easement may be used to construct the trail as well as landscape setback requirements required at the time of building permit. Petitioner shall pay all costs incurred in dedicating the trail easement to the City and in securing CDOT permits for the trail easement. Petitioner shall, within one hundred eighty days after the issuance of the first building permit for construction in Phase 2 of the Property, and prior to the issuance of a certificate of occupancy for any structure within Phase 2 of said Property, construct the Arroyo Trail at its sole expense. The construction of the Arroyo Trail must be in compliance with the City's standard construction specifications and standard details then in effect, as shown on plans and profiles 83 a`° approved by the Director of Public Works. Alignment of the trail shall be as approved by the MSU iom o Director of Parks and Recreation in the exercise of his reasonable discretion. If the trail is not mm S ° g constructed within the one hundred eighty day period, all then existing and outstanding building ...so L- CD 19 mC r-�m permits for construction within Phase 2, except those building permits under which actual • r r1�Y� WN miiconstruction commenced prior to the expiration of said one hundred eighty day period, shall be WNO 0wNi amorig revoked. L 1rf• ~. � Noff In the event the City is able to obtain complete construction of the Arroyo Trail by a third !air BEI party without expense to City, the requirement of Trail construction by Petitioner is hereby waived. Petitioner shall complete any remaining unfinished portions of the Arroyo Trail not completed by a third non-private party. 7. North - South Utility Corridor Prior to the approval of the subdivision of any portion of the Property, Petitioner shall dedicate and grant to the City a North — South Utility Corridor right-of-way or easement located on the east side of Wild Horse Creek Arroyo from the south Property line to the north Property line. Such easement will be designed to sufficient width to accommodate not only the principal sanitary sewer line system but other pipelines for sanitary, storm or treated effluent conveyance. -19- All such systems, installed by any entity of any type, shall be located within this right-of-way or easement and shall be approved by the Director of Public Works. 1992313 AGREE 12/17/2014 08:36:33 AM Page: 20 of 22 R 116.00 0 0.00 T 116.00 Gilbert Ortiz. 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'`#� �f�.,� "'Ilirk v ri a' F f a xx ,' r�' �z ,s � e $I'�" ' �3 7 "fsr � ,� � d t a :�$'.� i�dn .o� �3At� '� r r � r z 2a .. (i'F # � 4 yM ' K< 7 ,y-•'tr 1" „.,,,,,,P.P. 1 fi' r� _ tt}I ,✓ A L ,; h t. *a t r }, * . 7> Pi' s s .4,,!.,g';';',ry� �• f .`.3"::J ' .'1^ t0(p' '(,,/co., .'"'. -N..-1.-7,c,..fl.$)''> 4 i .*ycf,a •�s s, " n. y. The boundary between Phases 1 and 2 as denoted on this Exhibit C-2 is along the western edge of the arroyo. -22-