HomeMy WebLinkAbout09154Reception 2082646
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ORDINANCE NO. 9154
AN ORDINANCE ANNEXING UNINCORPORATED LAND
COMMONLY KNOWN AS THE AIRPORT WEST
ANNEXATION PHASE I DESCRIBED AS 867.39 ACRES OF
LAND LOCATED WEST OF NORTH 27TH LANE, SOUTH OF
RAWLINGS BOULEVARD AND NORTH OF PETE JIMENEZ
BOULEVARD
WHEREAS, the City Planning and Zoning Commission has recommended that the
area described in Section 1 hereof be annexed to the City of Pueblo; and,
WHEREAS, the City Council has heretofore found and determined by Resolution
that the Petition for Annexation and the area described in Section 1 hereof to be in
compliance with the notice and other applicable provisions of the Municipal Annexation
Act of 1965 and C.R.S. §31-12-104, 105 and 107(1); and,
WHEREAS, the City Council has by Resolution found and determined that an
election is not required under C.R.S. §31-12-107 (2) and no additional terms and
conditions are to be imposed upon the area described in Section 1 other than those set
forth in the Petition for Annexation and the Annexation Agreement;
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following described area situated in Pueblo County, Colorado, is hereby
annexed to Pueblo, a Municipal Corporation, subject to the terms and conditions set forth
in the Petition for Annexation and the Annexation Agreement, and the official map of the
City shall be amended to show such annexation:
I. AREA TO BE ANNEXED:
A parcel of land, located in the S 1/2 of Section 15, the NE 1/4 of Section 21, Section 22
and the N 1/2 of Section 27, all being located in Township 20 South, Range 64 West of
the 6th P.M., County of Pueblo, State of Colorado, with all the bearings contained herein
based upon a bearing of N88°04'28"E, as measured between the W 1/4 Corner of said
Section 15, being marked on the ground by a 3 1/4" aluminum cap on #6 rebar, PLS
31161, 2000, found in place, and the E 1/4 Corner of said Section 15, being marked on
the ground by a 3 1/4" aluminum cap on #6 rebar, PLS 10093, 19840, found in place, said
parcel being more particularly described as follows:
Beginning at the SW Corner of said Section 22, being marked on the ground by a 3 1/4"
aluminum cap on 2" pipe, PLS 16128, found in place;
1) thence along the South line of said Section 22, N88°12'17"E, a distance of
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2618.17 feet, to the S 1/4 Corner of said Section 22, being marked on the ground
by a 2 1/2" aluminum cap on 2" pipe, PLS 16128, 1990, found in place;
2) thence along said North-South centerline of said Section 22, N01°24'22"W, a
distance of 1320.77 feet, to the C-S 1/16 corner of said Section 22;
3) thence along the North line of the SW 1/4 of the SE 1/4 of said Section 22,
N87°11117"E, a distance of 1300.32 feet, to the SE 1/16 Corner of said Section
22;
4) thence along the West line of the NE 1/4 of the SE 1/4 of said Section 22,
N01°26'11"W, a distance of 1309.34 feet, to the C-E 1-16 Corner of said Section
22;
5) thence along the West line of the SE 1/4 of the NE 1/4 of said Section 22,
N01°26'30"W, a distance of 1295.26 feet, to the NE 1/16 Corner of said Section
22;
6) thence along the South line of the NW 1/4 of the NE 1/4 of said Section 22,
S87°35'21"W, a distance of 1298.63 feet, to the C-N 1/16 Corner of said Section
22;
7) thence along said North-South centerline of Section 22, S01°24'22"E, a distance
of 1292.96 feet, to the C 1/4 Corner of said Section 22;
8) thence along the South line of the SE 1/4 of the NW 1/4 of said Section 22,
S87°41'29"W, a distance of 1306.84 feet, to the C-W 1/16 Corner of said Section
22;
9) thence along the West line of said SE 1/4 of the NW 1/4 of Section 22,
N01°12'45"W, a distance of 1304.01 feet, to the NW 1/16 Corner of said Section
22;
10) thence along the South line of the NW 1/4 of the NW 1/4 of said Section 22,
S88°10'27"W, a distance of 1302.30 feet, to the N 1/16 Corner of said Sections
21 and 22;
11) thence along the South line of the NE 1/4 of the NE 1/4 of said Section 21,
S89°11'35"W, a distance of 1323.65 feet, to the NE 1/16 Corner of said Section
21;
12) thence along the East line of the SW 1/4 of the NE 1/4 of said Section 21,
S01°16'06"E, a distance of 1315.92 feet, to the C-E 1/16 Corner of said Section
22;
13) thence along the East-West centerline of said Section 22, S89°09'27"W, a
distance of 801.59 feet, to a point on the North right-of-way line of Colorado
Highway No. 47;
14) thence along said North right-of-way line, N61°41'43"W, a distance of 595.17
feet, to a point on the North-South center line of said Section 21;
15) thence along said North-South centerline, N01°30'52"W, a distance of 2343.70
feet, to the N 1/4 Corner of said Section 21, being marked on the ground by a 2
1/2" aluminum cap on #6 rebar, PLS 36061, found in place;
16) thence along the North line of said Section 22, N89°13'42"E, a distance of
2658.63 feet, to the NE Corner of said Section 22, being marked on the ground
by a 3 1/4" aluminum cap on 2" pipe, PLS 16128, 1993, found in place;
17) thence along said West line of said Section 15, N01°23'28"W, a distance of
2147.99 feet, to a point on the South right-of-way line of Rawlings Boulevard as
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shown on the plat of Black Hills Subdivision, Filing No. 1, a Special Area Plan,
recorded under Reception No. 1893083;
18) thence along said South right-of-way line, the following four (4) courses:
1) 648.68 feet, along a non-tangent curve to the left, having a radius of 1310.00
feet, a tangent of 331.13 feet, a delta of 28°22'17", and a chord of 642.07 feet
that bears N73°58'45"E;
2) N59°47'37"E, a distance of 100.00 feet;
3) 572.57 feet, along a curve to the right, having a radius of 1160.00 feet, a
tangent of 292.24 feet, a delta of 28°16'52", and a chord of 566.78 feet that
bears N73°56'03"E;
4) N88°04'28"E, a distance of 3785.80 feet, to a point on the West right-of-way
line of North 27th Lane, recorded under said Reception No. 1893083;
19) thence along said West right-of-way line, the following four (4) courses:
1) S01°20'56"E, a distance of 2488.79 feet;
2) S01°28'38"E, a distance of 2595.30 feet:
3) S01°28'02"E, a distance of 2595.77 feet;
4) S01°27'23"E, a distance of 1411.87 feet, to the North most point of the
Additional North 27th Lane right-of-way, recorded under Reception No.
1881553;
20) thence along the West line of the parcel described under Reception No.
1881553, the following five (5) courses:
1) S01°18'40"W, a distance of 252.65 feet;
2) S01°26'14"E, a distance of 162.36 feet;
3) 23.87 feet, along a curve to the right, having a radius of 125.00 feet, a tangent
of 11.97 feet, a delta of 10°56'32", and a chord of 23.84 feet that bears
SO4°02'02"W;
4) 13.37 feet, along a curve to the right, having a radius of 13.75 feet, a tangent
of 7.27 feet, a delta of 55°42'21", and a chord of 12.85 feet that bears
S37°21'29"W;
5) S65°12'38"W, a distance of 17.54 feet, to a point on the North right-of-way
line of Pete Jimenez Parkway, recorded under Reception No. 1727442;
21) thence along said North right-of-way line, the following eighteen (18) courses:
1) N76°44'30"W, a distance of 134.50 feet;
2) N13°15'30"E, a distance of 40.00 feet;
3) N76°44'30"W, a distance of 100.00 feet;
4) S13°15'30"W, a distance of 40.00 feet;
5) N76°44'30"W, a distance of 602.17 feet;
6) N13°15'30"E, a distance of 40.00 feet;
7) N76°44'30"W, a distance of 279.24 feet;
8) S13°15'30"W, a distance of 40.00 feet;
9) N76°44'30"W, a distance of 1785.02 feet;
10)N 13°15'30"E, a distance of 40.00 feet;
11)N76°44'30"W, a distance of 100.00 feet;
12)S13°15'30"W, a distance of 40.00 feet;
13)N76°44'30"W, a distance of 721.06 feet;
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14)N13°15'30"E, a distance of 50.00 feet;
15)N76°44'30"W, a distance of 273.55 feet;
16)333.54 feet along a curve to the left, having a radius of 8110.00 feet, a
tangent of 166.80 feet, a delta of 02°21'23", and a chord of 333.52 feet that
bears N77°55'12"W;
17)S10°54'06"W, a distance of 50.00 feet;
18)854.99 feet along a non-tangent curve to the left, having a radius of 8060.00
feet, a tangent of 427.89 feet, a delta of 06°04'40", and a chord of 854.59 feet
that bears N82°08'14"W; to a point on the West line of said Section 27;
22) thence along said West line, N01°31'49'W, a distance of 536.55 feet, to the point
of beginning.
Said parcel contains 867.392 acres, more or less.
II. NEW CITY LIMIT:
Commencing at the NE Corner of said Section 27, being marked on the ground by a 2"
aluminum cap in 1.5'x1.5' concrete pad, PLS 13155, 2005; thence along the East line of
said Section 27, S01°27'23"E, a distance of 1916.84 feet, to a point on the North right-of-
way line of Pete Jimenez Parkway, recorded under Reception No. 1727442; thence along
said North right-of way line, N76°44'30"W, a distance of 195.09 feet to the point of
beginning;
1) thence along said North right-of-way line, the following eighteen (18) courses:
1) N76°44'30"W, a distance of 134.50 feet;
2) N13°15'30"E, a distance of 40.00 feet;
3) N76°44'30"W, a distance of 100.00 feet;
4) S13°15'30"W, a distance of 40.00 feet;
5) N76°44'30"W, a distance of 602.17 feet;
6) N13°15'30"E, a distance of 40.00 feet;
7) N76°44'30"W, a distance of 279.24 feet;
8) S13°15'30"W, a distance of 40.00 feet;
9) N76°44'30"W, a distance of 1785.02 feet;
10)N13°15'30"E, a distance of 40.00 feet;
11)N76°44'30"W, a distance of 100.00 feet;
12)S13°15'30"W, a distance of 40.00 feet;
13)N76°44'30"W, a distance of 721.06 feet;
14)N13°15'30"E, a distance of 50.00 feet;
15) N76°44'30"W, a distance of 273.55 feet;
16)333.54 feet along a curve to the left, having a radius of 8110.00 feet, a
tangent of 166.80 feet, a delta of 02°21'23", and a chord of 333.52 feet that
bears N77°55'12"W;
17)S10°54'06"W, a distance of 50.00 feet;
18)854.99 feet along a non-tangent curve to the left, having a radius of 8060.00
feet, a tangent of 427.89 feet, a delta of 06°04'40", and a chord of 854.59 feet
that bears N82°08'14"W, to a point on the West line of said Section 27;
2) thence along said West line, N01°31'49"W, a distance of 536.55 feet, to the SW
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Corner of said Section 22, being marked on the ground by a 3 1/4" aluminum
cap on 2" pipe, PLS 16128, found in place;
3) thence along the South line of said Section 22, N88°12'17"E, a distance of
2618.17 feet, to the S 1/4 Corner of said Section 22, being marked on the ground
by a 2 1/2" aluminum cap on 2" pipe, PLS 16128, 1990, found in place;
4) thence along said North-South centerline of said Section 22, N01°24'22"W, a
distance of 1320.77 feet, to the C-S 1/16 corner of said Section 22;
5) thence along the North line of the SW 1/4 of the SE 1/4 of said Section 22,
N87°11'17"E, a distance of 1300.32 feet, to the SE 1/16 Corner of said Section
22;
6) thence along the West line of the NE 1/4 of the SE 1/4 of said Section 22,
N01°26'11"W, a distance of 1309.34 feet, to the C-E 1-16 Corner of said Section
22;
7) thence along the West line of the SE 1/4 of the NE 1/4 of said Section 22,
N01°26'30"W, a distance of 1295.26 feet, to the NE 1/16 Corner of said Section
22; •
8) thence along the South line of the NW 1/4 of the NE 1/4 of said Section 22,
S87°35'21"W, a distance of 1298.63 feet, to the C-N 1/16 Corner of said Section
22;
9) thence along said North-South centerline of Section 22, S01°24'22"E, a distance
of 1292.96 feet, to the C 1/4 Corner of said Section 22;
10) thence along the South line of the SE 1/4 of the NW 1/4 of said Section 22,
S87°41'29"W, a distance of 1306.84 feet, to the C-W 1/16 Corner of said Section
22;
11) thence along the West line of said SE 1/4 of the NW 1/4 of Section 22,
N01°12'45"W, a distance of 1304.01 feet, to the NW 1/16 Corner of said Section
22;
12) thence along the South line of the NW 1/4 of the NW 1/4 of said Section 22,
588°10'27"W, a distance of 1302.30 feet, to the N 1/16 Corner of said Sections
21 and 22;
13) thence along the South line of the NE 1/4 of the NE 1/4 of said Section 21,
S89°11'35"W, a distance of 1323.65 feet, to the NE 1/16 Corner of said Section
21;
14) thence along the East line of the SW 1/4 of the NE 1/4 of said Section 21,
S01°16'06"E, a distance of 1315.92 feet, to the C-E 1/16 Corner of said Section
22;
15) thence along the East-West centerline of said Section 22, S89°09'27"W, a
distance of 801.59 feet, to a point on the North right-of-way line of Colorado
Highway No. 47;
16) thence along said North right-of-way line, N61°41'43"W, a distance of 595.17
feet, to a point on the North-South center line of said Section 21, from where the
N 1/4 Corner of said Section 21, being marked on the ground by a 2 1/2"
aluminum cap on #6 rebar, PLS 36061, found in place, bears N01°30'52"W, a
distance of 2343.70 feet,
said point also being the point of terminus.
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III. CERTIFICATION OF PERIMETER:
The perimeter of the parcel of land to be annexed, as shown and described hereon, meets
the required 1/6 contiguity with the current city limits of the City of Pueblo.
SECTION 2.
The owners of one hundred percent (100%) of the property to be annexed have
petitioned for such annexation.
SECTION 3.
The Annexation Agreement in the form and content presented to the City Council
on or before second reading of this Ordinance, with such minor changes as the President
of City Council and City Attorney may approve, is hereby authorized and approved. The
President of the City Council is hereby directed and authorized to execute and deliver the
Annexation Agreement in the name of the City and the City Clerk is directed to affix the
seal of the City thereto and attest same.
SECTION 4.
Within thirty (30) days after the effective date of the Ordinance, the City Clerk shall:
(a) File one copy of the annexation map with the original of this Ordinance in the office
of the City Clerk;
(b) File for recording three certified copies of this Ordinance and annexation map with
the Pueblo County Clerk and Recorder;
(c) File one certified copy of the annexation map and this Ordinance with the
Southeastern Colorado Water Conservancy District.
SECTION 5.
The 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.
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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 and the
annexation shall be effective for ad valorem tax purposes on and after January 1, 2018.
%�1�Lo,°04 INTRODUCED: JULY 24, 2017
h0.4
If IV! 10 � BY: Ed : _• .,,
• f..'� : ar"� • APPRO � �\,
�,, 61101111111 ePRESIDENT OF CITY COUN IL
c, .
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ATTESTED BY: N Q �
ITY CLERK
PASSED AND APPROVED: August 14, 2017
City Clerk’s Office Item # V-1
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
July 24, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT: AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY
KNOWN AS THE AIRPORT WEST ANNEXATION PHASE I DESCRIBED
TH
AS 867.39 ACRES OF LAND LOCATED WEST OF NORTH 27 LANE,
SOUTH OF RAWLINGS BOULEVARD AND NORTH OF PETE JIMENEZ
BOULEVARD
SUMMARY:
The applicant is requesting to annex the property commonly known as the Airport West
Annexation, Phase 1.
PREVIOUS COUNCIL ACTION:
On September 12, 2016 City Council approved a Resolution No. 13517 preliminarily
determining that the petition for annexation of the area commonly known as the Airport
West Annexation, Phase 1 is valid under the provisions of Colorado Revised Statutes
Section 31-12-107(1).
BACKGROUND:
The Airport West Annexation, Phase 1 is the first parcel of a three-phase annexation
th
totaling 1,311.79 acres. The Phase 1 area is located west of North 27 Lane, south of
Rawlings Boulevard, and north of Pete Jimenez Boulevard. The Petitioners are
requesting to annex 867.39 acres into the City to facilitate future development that will be
integrated with the existing eastern portion of the City and the Airport Industrial Park area.
The area proposed for annexation into the City will be integrated with the existing eastern
portion of the City and the Airport Industrial Park area. While the area is currently
th
undeveloped, the public rights-of-way for North 27 Lane, Rawlings Boulevard, and Pete
th
Jimenez Boulevard are dedicated. Both Pete Jimenez Boulevard and North 27 Lane
have been constructed and provide access for future development within the areas
proposed to be annexed. In addition, the Pueblo Board of Water Works has installed
th
water service lines along North 27 Lane and within the right-of-way of Rawlings
Boulevard connecting to the Black Hills Energy Generation Plant. These service lines can
provide water service to the Airport West annexation area. The area is currently zoned A-
1 in Pueblo County, and the annexation agreement identifies that the property will be
requested to be placed in A-1 zone district within the City. No later than ninety (90) days
after the effective date of the ordinance annexing the Property, the Petitioner will petition
the Property to be zoned Agricultural One (A-1) for a period not to exceed 120 months
from the date of the annexation is approved. However, no building or occupancy permit
will be approved by the City or issued by the Pueblo Regional Building Department for
any building or structure within any portion of the Property classified as A-1 zone district
until after that portion of the Property is zoned in the land use classification most nearly
corresponding to the land use classification into which the Property has been classified
or will in the reasonable future be classified under the Pueblo Regional Comprehensive
Development Plan.
FINANCIAL IMPLICATIONS:
The Petitioners acknowledge and agree that upon the annexation, the property 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 area, 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.
BOARD/COMMISSION RECOMMENDATION:
The City Planning and Zoning Commission reviewed the annexation at the February 8,
2017 Regular Meeting. A motion to approve the proposed annexation was made by
Commissioner Lucas, seconded by Commissioner Webb with the following conditions of
approval:
1. The annexation plats for the three phases shall be approved by the Director of Public
Works.
2. An annexation agreement is approved and signed by all Petitioners and/or authorized
representatives.
3. In compliance with C.R.S.31-12-105\[1\]-\[e\], the City Council shall approve an update
to the three-mile annexation plan prior to any final approval of the annexation.
Motion passed 5-0 (Latka and Lujan-Slak absent).
All conditions have been complied with by the Petitioners and City Departments.
STAKEHOLDER PROCESS:
Annexation Impact Reports have been filed with taxing entities as required by Colorado
Revised Statutes.
ALTERNATIVES:
Upon request of City Council, the Ordinance could be returned 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:
Approval of the Ordinance.
Attachment: Annexation Agreement
ANNEXATION AGREEMENT
CASE NO. A-16-02 AIRPORT WEST ANNEXATION
This Annexation Agreement is made effective as of A A , 2017, by and between
the City of Pueblo, a Municipal Corporation, (the "City"), for the use and benefit of, Jenro
Properties LLC, a Colorado Limited Liability Company, Gersick College Property LLC, a ,
Colorado Limited Liability Company, Joan Occhiato and Joyce M. Spiess and Michael A. a m T
Occhiato as Co-Trustees of the Joseph M. Occhiato Testamentary Trust for the Benefit of Joan
Occhiato, John Stavely, John H. Thatcher, Jr. Trust Dated March 8, 2004 and Beth R. Thatcher 8 s
Trust Dated March 8, 2004, and H.E. Smith, DTCHLS Corporation, a Colorado Corporation and mm
Frank E. Stringer and Eden Leasing,Incorporated, a Colorado Corporation(herein collectively the N @ a
"Petitioner"), WITNESSETH N ;_
mm73.
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"); ace
w i
WHEREAS,the Petitioner has submitted a petition for the annexation of the Property to the City; En_
N J
a L C
and .711
WHEREAS, as a condition precedent to the annexation of the Property, Petitioner has agreed to m
enter into an annexation agreement with the City setting forth certain terms and conditions with No'
respect to such annexation.
NOW THEREFORE, in consideration of the above, and the following covenants and conditions;
the City and Petitioner agree as follows:
I. REPRESENTATION AND WARRANTIES OF PETITIONER
Petitioner by represents and warrants to, and covenants with,the City as follows:
(1) The Colorado Department of Transportation is a state agency of the State of Colorado.
(2) Petitioner has good and marketable fee simple title to the Property subject only to Permitted
Encumbrances attached hereto as Exhibit"B."
(3) Petitioner is authorized to, and has taken all action required by it(a)to annex the Property
to the City and (b) to execute, deliver and perform its obligations under this Annexation
Agreement, and (c) to carry out and consummate all of its transactions contemplated by this
Annexation Agreement.
(4) This Annexation Agreement when executed and delivered, constitutes a valid and legally
binding obligation of the Petitioner enforceable against Petitioner according to its terms. The
document entitled"Special Improvements and Dedications"marked and attached as Exhibit "C".
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
-1-
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.
(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 and comply with this
Annexation Agreement.
(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.
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 contemporaneously with
Petitioner's application to zone the Property as provided in Article III hereof that pertains to
individual property or properties in common ownership at the time of the approval of the
annexation. A map showing the various owners of the Property is attached hereto as Exhibit C-1,
and legal descriptions of the owner's properties attached hereto as Exhibit C-1(A). The Master
Development Plan shall be prepared in consultation with the City's Subdivision Review
Committee and Department of Planning and Development and submitted in its entirety to the
Planning and Zoning Commission. The Master Development Plan will comply with the policies
of the Pueblo Regional Comprehensive Development Plan existing as of the date the Master
Development Plan is approved, and will be designed to address, identify and resolve all
development, drainage, utilities, traffic and other infrastructure needs and requirements and the
wide range of planning and development issues involved in and with respect to the development
of the Property. In addition, the Master Development Plan shall comply with the guidelines and
policies of the Pueblo Layout Plan Narrative Report for the Pueblo Memorial Airport existing as
of the date the Master Plan Development Plan is approved. The Master Development Plan shall
address the identified uses and infrastructure requirements for the land use classification into which
the Property has been classified or will in the reasonable future be classified under the Pueblo
Regional Comprehensive Development Plan. The Master Development Plan as submitted and
approved by the Planning and Zoning Commission will have the flexibility to adapt to changing
conditions over the estimated time period for the development of the Property and shall consist of
the following: (a) Development Plan, (b) Drainage Plan, (c) Sanitary Sewer Plan, (d)
Transportation Plan, and (e)Environmental Study:
(1) Development Plan. The Development Plan shall be prepared in accordance with the
requirements of Sections 12-4-5(a)(2) and 12-4-6(a) of the Pueblo Municipal Code. A
development plan establishing the anticipated phasing of the development of the Property shall be
prepared as part of the Development Plan.
(2) Drainage Plan. The Drainage Plan shall be prepared in accordance with the Storm
Drainage Design Criteria and Drainage Policies for the City of Pueblo, Colorado, published June
9, 1997,or as same may later 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
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
111 RIF0:11011ri Wil Int i i i'RI11if NEI 114 11111
• 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 may
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.
(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 later 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.
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 or may (if not installed at one
time) include a phasing plan or schedule for such sanitary sewer improvements.
If sanitary sewers within the Property are oversized to serve future development outside the
Property but within the sewer drainage basin, an Agreement to partially recover cost of
constructing oversized or off-site sewer collection system improvements ("Agreement") will be
entered into between the Petitioner and the City in accordance with Chapter 5, Title XVI of the
Pueblo Municipal Code or as same may later be amended.
If sanitary sewers are constructed downstream from the Property which will serve future
development outside the Property but within the sewer drainage basin,the Agreement may include
provisions allowing the Petitioner to be reimbursed in accordance with said Chapter 5 of the City's
ordinances.
The Agreement will comply with the City's then existing applicable ordinances but shall not
require any cost recovery from the City except to the extent that funds therefore are made available
by Resolution of the City Council pursuant to Section 16-11-4 of the Pueblo Municipal Code or
as same may later be amended for oversizing the sanitary sewer system within the Property.
(4) Transportation Plan. The Transportation Plan shall be prepared in accordance with the
criteria and general outline specified by the City Traffic Engineer and shall be supported by studies
and reports prepared by professional engineers competent in the field of transportation and
registered in the State of Colorado. Associated impacts on City's existing and proposed traffic
and roadway systems shall be identified in the Transportation Plan and studies, and those impacts
which are reasonably attributable to the development of the Property as determined by the City, in
its sole discretion, shall be mitigated through traffic improvements constructed and installed by
and at the expense of the Petitioner (including, 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
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Gilbert Ortiz Clerk/Recorder Pueblo County, Co
VIII kirori:1 ,40Ch+11:01v i:I':ITliNERil+ I"i 11111
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.
(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
No later than ninety (90) days after the effective date of the ordinance annexing the Property,
Petitioner shall petition the Property to be zoned Agricultural One(A-1) for a period not to exceed
one hundred and twenty months from the date of this Annexation Agreement. However, no
building or occupancy permit shall be approved by the City or issued by the Pueblo Regional
Building Department for any building or structure within any portion of the Property classified as
Agricultural One(A-1)zone district until after that portion of the Property is zoned in the land use
classification most nearly corresponding to the land use classification into which the Property has
been classified or will in the reasonable future be classified under the Pueblo Regional
Comprehensive Development Plan.
(1) No rights shall exist in Petitioner nor with respect to the Property arising from its
preexisting subdivision or use at the time of annexation. No application for subdivision of all or
any part of the Property shall be submitted to or considered by the City until after the Master
Development Plan has been approved by the Planning and Zoning Commission; provided,
however,that if the Property is intended to be included in a single subdivision, the application for
such subdivision may be submitted at the time the Master Development Plan is submitted to the
Planning and Zoning Commission. No subdivision of the Property shall be approved prior to the
time the ordinance annexing the Property is approved on final presentation.
(3) A petition to rezone the Property may be filed any time after the petition for annexation
has been found to be valid in accordance with the provisions of Section 31-12-107, C.R.S. The
Planning and Zoning Commission may hear the petition for zoning and make its recommendations
_4_ 2082648 ANNX_AG 09/19/2017 10:12:55 AM
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Gilbert Ortiz C1erk/Recorder, Pueblo County, Co
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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.
IV. PUBLIC FACILITIES
The Petitioner shall dedicate land and rights-of-way for public uses and facilities necessary and
required to serve the Property in accordance with the approved Master Development Plan 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
timely 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
The Petitioner shall comply with all applicable City of Pueblo (sanitary and storm sewers), Xcel
Energy (natural gas), the applicable electric utility franchised and holding a Certificate of Public
Convenience and Necessity for electric service within the annexed area, Comcast of Colorado IV,
LLC (cablevision), Pueblo Board of Water Works (water), and authorized ILEC and CLEC
(telephone/data transmission) for the installation of mains, lines, stations, and any other
appurtenant utility facilities in effect at the time of such installation. All existing and new power
lines fewer than 30,000 volts and all other overhead utilities(1)within the 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 installed underground.
VI. COMPLIANCE WITH ORDINANCES
Except as otherwise specifically provided in this Annexation Agreement to the contrary, the
development, subdivision and zoning of the Property shall meet and comply with all applicable
ordinances,resolutions, regulations, and standards of the City now existing or hereinafter enacted
or amended.
VII. BINDING EFFECT
The covenants, restrictions, and agreements herein set forth are covenants running with the
Property, shall run with and bind the Property, and shall extend to and be binding upon the
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Gart Ortiz Clerk/Recorder, Pueblo County,
Co
■III M"'7'h'lad'' '1WE'1IIAlinfiliIINI'.4' id 11111
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.
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 all appropriate City Departments and such Departments have submitted their findings
and recommendations to the City Council. All amendments to the Master Development Plan must
be approved by the Planning and Zoning Commission after review and recommendation by the
appropriate City Departments.
IX. SEVERABILITY
If any section, clause, or other provision of this Annexation Agreement is for any reason
determined to be invalid or unenforceable by any court of competent jurisdiction, such
determination shall not affect any of the remaining provisions of this Annexation Agreement.
X. VESTED RIGHTS
As a condition of and in consideration of the City annexing the Property,the Petitioner, for itself
and its successors and assigns waives and releases all previously acquired or existing vested
property rights attached to or established with respect to the Property.
The Petitioner acknowledges and agrees that neither this Annexation Agreement nor any provision
hereof, nor the annexation of the Property to the City,nor the approval of the Master Development
Plan,zoning or subdivision,either separately or jointly(a) creates or establishes a vested property
right in or for the benefit of the Petitioner or its successors or assigns, or with respect to the
Property; or (b) constitutes a site-specific development plan. The terms "vested property right"
and"site-specific development plan" shall have the same meaning as set forth in Section 17-12-2
of the Pueblo Municipal Code and §24-68-101, et seq., C.R.S.
XI. BUILDING PERMITS
No building or occupancy permit shall be approved by the City or issued by the Pueblo Regional
Building Department to occupy, construct or install any building, structure or other improvement
on the Property except within a subdivision approved by the City after adoption of the ordinance
annexing the Property which meets and complies with this Annexation Agreement and City's
ordinances, standards, and regulations.
XII. DISCONNECTION
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
1111 1111A1''t'h,1'lhr'r',r4i':I r tk'UllritilV Mk 11111
(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 reasonable 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
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 agreed to by City
and Petitioner prior to annexation of the Property to the City. The terms,conditions and obligations
imposed on Petitioner and the Property by this Annexation Agreement are not nor shall they
individually or cumulatively be construed to be conditions upon granting land-use approvals
within the meaning of sections 29-20-201 to 29-20-204, C.R.S.
XIV. SPECIAL IMPROVEMENTS AND DEDICATIONS
In addition to the on-site and off-site improvements and land dedications required to be made by
the provisions of this Annexation Agreement, Petitioner will construct and install the
improvements, dedicate the land, and pay or cause to be paid any fees described in Exhibit "C"
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.
XV. MISCELLANEOUS
(1) Notice. All notices or other communications hereunder shall be sufficiently given and shall
be deemed given when personally delivered, or mailed by registered or certified mail, postage
prepaid, addressed as follows:
(a) if to the City: Department of Public Works - City of Pueblo
211 East"D" Street, Pueblo, Colorado
Attention: Director of Public Works
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
1111 hIM:fi6yr'ALfri' illi iaLIVIIIVILIAIMIA 11111
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
(b) if to the Petitioner: William H.Nicoll •ii Ford�"�icfrovnifi I'i'y i ,u Rm` aiyi, II III
4 Fireweed Court
Pueblo, CO 81001
John Stavely
132 West B Street
Pueblo, CO 81003
John H. Thatcher, Jr and Beth E. Thatcher
PO Box 25
Pueblo, CO 81025-0025
Harvey E. Smith
2020 Baculite Mesa Road
Pueblo, CO 81001-2456
(c) copies to: James E. Spaccamonti
SpacGroup, LLC
1592 Cliffdale Lane
Pueblo, CO 81006
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 singular may
be construed as denoting the plural. Words of the plural may be construed as denoting the singular.
Words of one gender may be construed as denoting the other gender, if applicable.
(5) Entire Agreement. All prior discussions, representations, understandings and agreements,
whether oral or written, between the parties with respect to the subject matter of this Annexation
Agreement are merged in this Annexation Agreement, which constitutes the entire agreement
between the parties.
Executed at Pueblo, Colorado as of the day and year first above written.
-8-
/4 r,s;'°' \ PUEBLO, a Municipal Corporation
i:4,1i
[ S E Aut'L ' y A/,# c
J vNocw►�v y
' �i� � �o' President of the City Council
Attest: - °' -7%-%"1.-y/0 1 t
Cit . Aii►
APPROVED AS TO FORM:U
., -< . T�c7 D %✓kk
City Attorney
PETITIONERS:
JENRO PROPERTIES LLC, a Colorado Limited Liability Company:
GERSICK COLLEGE PROPERTY LLC, a Colorado Limited Liability Company:
JOAN OCCHIATO AND JOYCE M. SPIESS AND MICHAEL A. OCCHIATO AS CO-
TRUSTEES OF THE JOESEPH M. OCCHIATO TESTAMENTARY TRUST FOR THE
BENEFIT OF JOAN OCCHIATO:
By: (aA.,
// A.,
William H. Nicoll, Representative
Attest:
By
Title
JOHN STAVELY:
11i
_...mom
By: a!AIr7.IG•:/-.
Jo l'IS 7 ely,a wn-
ip
Attest: 2082648 ANNX_PG 09/19/2017 10:12:55 AM
By ert90of 2351errk/Reo' 0r, PebC800o
Title ill rdr�rH 61 Giri'areloril�hYM
rit lid 11111
-9-
JOHN H. THATCHER, JR. TRUST DATED MARCH 8,2004:
/ ohn H. Thatcher, Jr.,%rustee
Attest:
By
Title
BETH R. THATCHER TRUST DATED MARCH 8, 2004:
Beth E. Thatch r, Trustee
Attest:
By
Title
H.E. SMITH:
B
y.
H.E. Smith, Owner
Attest:
By
Title
DTCHLS CORPORATION, A COLORADO CORPORATION AND FRANK E. STRINGER
AND EDEN LEASING, INCORPORATED, A COLORADO CORPORATION:
ire/
rFrank Stringer, Pres f nt
Attest: 20826488ANNX AG 09/19/2017 10:12:55 AM
By Gilbertimr tz Cl rk/Recorder D 0b0o CouniT 83;00
Title •I11 M��.r���aN���fti��IIM���Pr� I'L' gui,015L4r'I'1'i 11111
-lo-
STATE OF COLORADO ) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this / day of 74/.tt s ,2017,by
Stephen G. Nawrocki as President of City Council and l Q b. & NQ_J4 _� as
City Clerk of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
My commission expired 1 c i',ca( O
I
[ SEAL ] ;
F. TAMMY A MARTINEZ �1 n1 (,% 11
NOTARY PUBLIC )
STATE OF COLORADO /Notary Public ✓
NOTARY ID 20164028200
MY COMMISSION EXPIRES 0712612020
STATE OF COLORADO ) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me thisa 9 day of .377, , 20 19,
by William H. Nicoll as the Representative for JENRO PROPERTIES LLC, a Colorado Limited
Liability Company, GERSICK COLLEGE PROPERTY LLC, a Colorado Limited Liability
Company, and the JOAN OCCHIATO AND JOYCE M. SPIESS AND MICHAEL A.
OCCHIATO AS CO-. TRUSTEES OF THE JOESEPH M. OCCHIATO TESTAMENTARY
TRUST FOR THE BENEFIT OF JOAN OCCHIATO
Witness my hand and official seal.
My commission expires: ) - L —/
[ SEAL] ��I , ,
,dink
11
DOTTI A RUNCO Notary 'ublic
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID#20054049426
MY COMMISSION EXPIRES JAN.04,2018
•
•
2082648 ANNX AG 09/19/2017 10:12:55 AM
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
iii I�ir ri'�?�Prif h����fii ril�i�N�I'il� iAl 11111
-11-
STATE OF COLORADO ) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this (49 day of , 201
by John Stavely, an individual owner.
Witness my hand and official seal.
My commission expires: I y-/ e
[ SEAL]
Notary Public
DOTTI A RUNCO
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID#20054049426
MY COMMISSION EXPIRES JAN.04,2018
STATE OF COLORADO ) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this&c{ day of SL i .Q_ , 201> ,
by John H. Thatcher,Jr. as Trustee of the JOHN H. THATCHER,JR.TRUST DATED MARCH
8, 2004.
Witness my hand and official seal.
My commission expires: - y -
- -119-441\ °°Q11(ig&LO
[ ` 9402'P9'NVr S313IdX3 NOISSIWWOO AN
9Z1,640P500Z#0I A2iV1ON
00Va0100 Jo 31d1S Notary Public
0nend AaVION
ooNna V 11104
STATE OF COLORADO ) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this awl day of 111 , 201? ,
by Beth R.Thatcher as Trustee of the BETH R. THATCHER TRUST DATED MARCH 8,2004.
Witness my hand and official seal.
My commission expires: I - `I -
[ SEAL]
940Z'P0 Nvr S32:11dX3 NOISSINNOD AN Notary Public
9Z4640P900Z#01 A2IV1ON
O0V2i0100 JO 31VIS
3118nd A2iVJON
OONnLIVIll00 2082648 ANNX AG 09/19/2017 10:12:55 AM
-12- Page: 12 of 35 R 183.00 D 0.00 T 183.00
Gilbert Ortiz Clerk/Recorder: Pueblo County, Co
1111���1�'��Q�h��'� � ,��'I'i 11111
STATE OF COLORADO ) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this day of , 20 ,
by H.E. Smith, an individual owner.
Witness my hand and official seal.
My commission expires: + — I B
[ DOTTI A RUNCO 41 '11
NOTARY PUBLIC
STATE OF COLORADO Notary Public
NOTARY ID#20054049426
MY COMMISSION EXPIRES JAN.04,2018
STATE OF COLORADO ) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this day of , 20 ,
by _ Frank Stringer, President of DTCHLS CORPORATION, a Colorado Corporation, EDEN
LEASING, INCORPORATED,a Colorado Corporation,and Frank Stringer, an individual owner.
Witness my hand and official seal.
My commission expires: I - y-1 c'
[ SEAL] 11.113-1: a
DOTTI A RUNCO
NOTARY PUBLIC Notary Public
STATE OF COLORADO
NOTARY ID#20054049428
MY COMMISSION EXPIRES JAN.04,2018
2082648 ANNX AG 09/19/2017 10:12:55 AM
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Gilbert Ortiz Clerk/Recorder, Pueblo County. Co
so raw II ���:�: �Yi���m i!'iliff lifiR6 11Y0, 111111
-13-
Exhibit A
PHASE 1 ANNEXATION
AREA TO BE ANNEXED:
A parcel of land, located in the S 1/2 of Section 15,the NE 1/4 of Section 21, Section 22 and the
N 1/2 of Section 27, all being located in Township 20 South, Range 64 West of the 6th P.M.,
County of Pueblo, State of Colorado,with all the bearings contained herein based upon a bearing
of N88°04'28"E,as measured between the W 1/4 Corner of said Section 15,being marked on the
ground by a 3 1/4" aluminum cap on #6 rebar, PLS 31161, 2000, found in place, and the E 1/4
Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap on #6 rebar,
PLS 10093, 19840, found in place,said parcel being more particularly described as follows:
PARCEL 1
Beginning at the SW Corner of said Section 22,being marked on the ground by a 3 1/4"aluminum
cap on 2"pipe, PLS 16128, found in place;
thence along the South line of said Section 22,N88°12'17"E, a distance of 2618.17 feet,to the S
1/4 Corner of said Section 22,being marked on the ground by a 2 1/2" aluminum cap on 2"pipe,
PLS 16128, 1990, found in place;
thence along said North-South centerline of said Section 22,N01°24'22"W,a distance of 1320.77
feet,to the C-S 1/16 corner of said Section 22;
thence along the North line of the SW 1/4 of the SE 1/4 of said Section 22, N87°11'17"E, a
distance of 1300.32 feet, to the SE 1/16 Corner of said Section 22;
thence along the West line of the NE 1/4 of the SE 1/4 of said Section 22, N01°26'11"W, a
distance of 1309.34 feet,to the C-E 1-16 Corner of said Section 22;
thence along the West line of the SE 1/4 of the NE 1/4 of said Section 22, N01°26'30"W, a
distance of 1295.26 feet, to the NE 1/16 Corner of said Section 22;
thence along the South line of the NW 1/4 of the NE 1/4 of said Section 22, S87°35'21"W, a
distance of 1298.63 feet,to the C-N 1/16 Corner of said Section 22;
thence along said North-South centerline of Section 22, S01°24'22"E, a distance of 1292.96 feet,
to the C 1/4 Corner of said Section 22;
thence along the South line of the SE 1/4 of the NW 1/4 of said Section 22, S87°41'29"W, a
distance of 1306.84 feet, to the C-W 1/16 Corner of said Section 22;
thence along the West line of said SE 1/4 of the NW 1/4 of Section 22,N01°12'45"W, a distance
of 1304.01 feet,to the NW 1/16 Corner of said Section 22;
thence along the South line of the NW 1/4 of the NW 1/4 of said Section 22, S88°10'27"W, a
distance of 1302.30 feet,to the N 1/16 Corner of said Sections 21 and 22;
thence along the South line of the NE 1/4 of the NE 1/4 of said Section 21, S89°11'35"W, a
distance of 1323.65 feet, to the NE 1/16 Corner of said Section 21;
thence along the East line of the SW 1/4 of the NE 1/4 of said Section 21,S01°16'06"E,a distance
of 1315.92 feet,to the C-E 1/16 Corner of said Section 22;
thence along the East-West centerline of said Section 22, S89°09'27"W, a distance of 801.59
feet,to a point on the North right-of-way line of Colorado Highway No. 47;
thence along said North right-of-way line,N61°41'43"W,a distance of 595.17 feet,to a point on
-14- 2082648 ANNX AG 09/19/2017 10:12:55 AM
Pag ert 10rto'z ClerkklReoorde0r;D
P a blo County 0 o
1111 Mimi'AVNI 1h4ri11471:L,i''h4'/ P'' NRd 13414 11111
the North-South center line of said Section 21;
thence along said North-South centerline,N01°30'52"W, a distance of 2343.70 feet,to the N 1/4
Corner of said Section 21, being marked on the ground by a 2 1/2" aluminum cap on #6 rebar,
PLS 36061, found in place;
thence along the North line of said Section 22, N89°13'42"E, a distance of 2658.63 feet, to the
NE Corner of said Section 22,being marked on the ground by a 3 1/4" aluminum cap on 2"pipe,
PLS 16128, 1993, found in place;
thence along said West line of said Section 15, N01°23'28"W, a distance of 2147.99 feet, to a
point on the South right-of-way line of Rawlings Boulevard as shown on the plat of Black Hills
Subdivision, Filing No. 1, a Special Area Plan, recorded under Reception No. 1893083;
thence along said South right-of-way line,the following four(4)courses:
648.68 feet, along a non-tangent curve to the left, having a radius of 1310.00 feet, a tangent of
331.13 feet, a delta of 28°22'17", and a chord of 642.07 feet that bears N73°58'45"E;
N59°47'37"E, a distance of 100.00 feet;
572.57 feet, along a curve to the right, having a radius of 1160.00 feet, a tangent of 292.24 feet,
a delta of 28°16'52", and a chord of 566.78 feet that bears N73°56'03"E;
N88°04'28"E, a distance of 3785.80 feet, to a point on the West right-of-way line of North 27th
Lane, recorded under said Reception No.1893083;
thence along said West right-of-way line,the following four(4)courses:
1) S01°20'56"E, a distance of 2488.79 feet;
2) 501°28'38"E, a distance of 2595.30 feet:
3) S01°28'02"E, a distance of 2595.77 feet;
4) S01°27'23"E, a distance of 1411.87 feet,to the North most point of the Additional North
27th Lane right-of-way, recorded under Reception No. 1881553;
thence along the West line of the parcel described under Reception No. 1881553, the following
five (5)courses:
S01°18'40"W, a distance of 252.65 feet;
S01°26'14"E, a distance of 162.36 feet;
23.87 feet, along a curve to the right, having a radius of 125.00 feet, a tangent of 11.97 feet, a
delta of 10°56'32", and a chord of 23.84 feet that bears SO4°02'02"W;
13.37 feet,along a curve to the right,having a radius of 13.75 feet, a tangent of 7.27 feet, a delta
of 55°42'21", and a chord of 12.85 feet that bears S37°21'29"W;
S65°12'38"W,a distance of 17.54 feet,to a point on the North right-of-way line of Pete Jimenez
Parkway,recorded under Reception No. 1727442;
thence along said North right-of-way line, the following eighteen(18)courses:
N76°44'30"W, a distance of 134.50 feet;
N13°15'30"E, a distance of 40.00 feet;
N76°44'30"W, a distance of 100.00 feet;
S13°15'30"W, a distance of 40.00 feet; 2082648 ANNX AG 09/19/2017 10:12:55 AM
N76°44'30"W, a distance of 602.17 feet; t 10r°z a rk/Reoord 0 ° 0 boo Coun83;0C0o
■III klrjp'rAw '1 Vroir vii Iesi,rt1 11111
-15-
2082648 ANNX AG 09/19/2017 10:12:55 AM
Page: 16 of 35 R 183.00 D 0.00 T 183.00
Pueblo County, Co
• N13°15'30"E, a distance of 40.00 feet; Gilbert
I '��:���h ��,� 11 �d��rtAY,.4j4` Ilk Li 1111
N76°44'30"W, a distance of 279.24 feet;
S13°15'30"W, a distance of 40.00 feet;
9) N76°44'30"W,a distance of 1785.02 feet;
N13°15'30"E, a distance of 40.00 feet;
N76°44'30"W,a distance of 100.00 feet;
S13°15'30"W, a distance of 40.00 feet;
N76°44'30"W, a distance of 721.06 feet;
N13°15'30"E, a distance of 50.00 feet;
N76°44'30"W,a distance of 273.55 feet;
333.54 feet along a curve to the left, having a radius of 8110.00 feet, a tangent of 166.80 feet, a
delta of 02°21'23", and a chord of 333.52 feet that bears N77°55'12"W;
S10°54'06"W, a distance of 50.00 feet;
854.99 feet along a non-tangent curve to the left, having a radius of 8060.00 feet, a tangent of
427.89 feet, a delta of 06°04'40", and a chord of 854.59 feet that bears N82°08'14"W;to a point
on the West line of said Section 27;
thence along said West line,N01°31'49"W, a distance of 536.55 feet,to the point of beginning.
said parcel contains 867.392 acres, more or less.
NEW CITY LIMIT:
Commencing at the NE Corner of said Section 27,being marked on the ground by a 2"aluminum
cap in 1.5'x1.5' concrete pad, PLS 13155, 2005; thence along the East line of said Section 27,
S01°27'23"E,a distance of 1916.84 feet,to a point on the North right-of-way line of Pete Jimenez
Parkway, recorded under Reception No. 1727442; thence along said North right-of way line,
N76°44'30"W, a distance of 195.09 feet to the point of beginning;
thence along said North right-of-way line, the following eighteen(18)courses:
N76°44'30"W, a distance of 134.50 feet;
N13°15'30"E,a distance of 40.00 feet;
N76°44'30"W, a distance of 100.00 feet;
S13°15'30"W, a distance of 40.00 feet;
N76°44'30"W, a distance of 602.17 feet;
N13°15'30"E, a distance of 40.00 feet;
N76°44'30"W,a distance of 279.24 feet;
S13°15'30"W, a distance of 40.00 feet;
9)N76°44'30"W, a distance of 1785.02 feet;
N13°15'30"E, a distance of 40.00 feet;
N76°44'30"W, a distance of 100.00 feet;
S13°15'30"W, a distance of 40.00 feet;
N76°44'30"W,a distance of 721.06 feet;
N13°15'30"E, a distance of 50.00 feet;
N76°44'30"W, a distance of 273.55 feet;
333.54 feet along a curve to the left, having a radius of 8110.00 feet, a tangent of 166.80 feet, a
delta of 02°21'23", and a chord of 333.52 feet that bears N77°55'12"W;
-16-
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Page: 17 of 35 R 183.00 D 0.00 T 183.00
Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
1111 !�1 ,�M�t�tF�,��i �, �i�'��l��:Yt�'��'iG Y4�h 11 III
S10°54'06"W, a distance of 50.00 feet;
854.99 feet along a non-tangent curve to the left, having a radius of 8060.00 feet, a tangent of
427.89 feet, a delta of 06°04'40", and a chord of 854.59 feet that bears N82°08'14"W, to a point
on the West line of said Section 27;
thence along said West line, N01°31'49"W, a distance of 536.55 feet, to the SW Corner of said
Section 22,being marked on the ground by a 3 1/4" aluminum cap on 2"pipe, PLS 16128,found
in place;
thence along the South line of said Section 22,N88°12'17"E, a distance of 2618.17 feet,to the S
1/4 Corner of said Section 22,being marked on the ground by a 2 1/2" aluminum cap on 2" pipe,
PLS 16128, 1990, found in place;
thence along said North-South centerline of said Section 22,N01°24'22"W,a distance of 1320.77
feet,to the C-S 1/16 corner of said Section 22;
thence along the North line of the SW 1/4 of the SE 1/4 of said Section 22, N87°11'17"E, a
distance of 1300.32 feet, to the SE 1/16 Corner of said Section 22;
thence along the West line of the NE 1/4 of the SE 1/4 of said Section 22, N01°26'11"W, a
distance of 1309.34 feet, to the C-E 1-16 Corner of said Section 22;
thence along the West line of the SE 1/4 of the NE 1/4 of said Section 22, N01°26'30"W, a
distance of 1295.26 feet, to the NE 1/16 Corner of said Section 22;
thence along the South line of the NW 1/4 of the NE 1/4 of said Section 22, S87°35'21"W, a
distance of 1298.63 feet, to the C-N 1/16 Corner of said Section 22;
thence along said North-South centerline of Section 22, S01°24'22"E,a distance of 1292.96 feet,
to the C 1/4 Corner of said Section 22;
thence along the South line of the SE 1/4 of the NW 1/4 of said Section 22, S87°41'29"W, a
distance of 1306.84 feet, to the C-W 1/16 Corner of said Section 22;
thence along the West line of said SE 1/4 of the NW 1/4 of Section 22,N01°12'45"W, a distance
of 1304.01 feet,to the NW 1/16 Corner of said Section 22;
thence along the South line of the NW 1/4 of the NW 1/4 of said Section 22, S88°10'27"W, a
distance of 1302.30 feet,to the N 1/16 Corner of said Sections 21 and 22;
thence along the South line of the NE 1/4 of the NE 1/4 of said Section 21, S89°11'35"W, a
distance of 1323.65 feet, to the NE 1/16 Corner of said Section 21;
thence along the East line of the SW 1/4 of the NE 1/4 of said Section 21, SO1°16'06"E,a distance
of 1315.92 feet,to the C-E 1/16 Corner of said Section 22;
thence along the East-West centerline of said Section 22, S89°09'27"W, a distance of 801.59
feet,to a point on the North right-of-way line of Colorado Highway No.47;
thence along said North right-of-way line,N61°41'43"W, a distance of 595.17 feet, to a point on
the North-South center line of said Section 21, from where the N 1/4 Corner of said Section 21,
being marked on the ground by a 2 1/2" aluminum cap on#6 rebar, PLS 36061, found in place,
bears N01°30'52"W, a distance of 2343.70 feet,
said point also being the point of terminus.
CERTIFICATION OF PERIMETER:
The perimeter of the parcel of land to be annexed, as shown and described hereon, meets the
required 1/6 contiguity with the current city limits of the City of Pueblo.
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2082648 ANNX AG 09/19/2017 10:12:55 AM
Page: 18 of 3B R 183.00 D 0.00 T 183.00
Gilbert Ortiz Clerk/Recorder; Pueblo County, Co
PHASE 2 ANNEXATION 11111 11111
AREA TO BE ANNEXED:
A parcel of land, located in the N 1/2 of Section 15, Township 20 South, Range 64 West of the
6th P.M.,County of Pueblo, State of Colorado,with all the bearings contained herein based upon
a bearing of N88°04'28"E, as measured between the W 1/4 Corner of said Section 15, being
marked on the ground by a 3 1/4" aluminum cap on #6 rebar, PLS 31161, 2000, found in place,
and the E 1/4 Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap
on#6 rebar, PLS 10093, 19840, found in place, said parcel being more particularly described as
follows:
PARCEL 1
Beginning at the NW Corner of said Section 15,being marked on the ground by a 3 1/4"aluminum
cap, PLS 31161, 2000, found in place;
thence along the North line of said Section 15,N88°05'36"E, a distance of 2595.90 feet,to the N
1/4 Corner of said Section 15,being marked on the ground by a 3 1/4"aluminum cap,PLS 31161,
2000, found in place;
thence continuing along said North line of Section 15, N88°04'42"E, a distance of 2268.34 feet,
to a point on the West right-of-way line of North 27th Lane, recorded under said Reception No.
1893083;
thence along said West right-of-way line, S01°21'42"E, a distance of 2638.65 feet,to a point on
the North right-of-way line of Rawlings Boulevard,recorded under said Reception No. 1893083;
thence along said North right-of-way line,the following four(4)courses:
1) S88°04'28"W, a distance of 3607.13 feet;
646.61 feet, along a curve to the left, having a radius of 1310.00 feet, a tangent of 330.03 feet,a
delta of 28°16'52", and a chord of 640.07 feet that bears S73°56'03"W;
S59°47'37"W, a distance of 100.00 feet;
573.24 feet, along a curve to the right, having a radius of 1160.00 feet, a tangent of 292.60 feet,
a delta of 28°18'51", and a chord of 567.43 feet that bears S73°57'02"W, to a point on the West
line of said Section 15;
thence N01°23'28"W, a distance of 342.23 feet,to the West 1/4 Corner of said Section 15,being
marked on the ground by a 3 1/4" aluminum cap on#6 rebar, PLS 31161, 2000, found in place;
thence along said West line of the Section 15, N01°23'23"W, a distance of 1649.78 feet, to the
Southeast Corner of the property recorded under Reception No. 1399111;
thence along the South line of said property recorded under Reception No. 1399111,
N88°05'11"E, a distance of 1297.95 feet,to a point of the East line of the NW 1/4 of the NW 1/4
of said Section 15;
thence along said East line of the NW 1/4 of the NW 1/4 of Section 15,N01°23'23"W, a distance
of 405.41 feet, to the Northwest Corner of the property recorded under Reception No. 1267842;
thence along the North line of said property recorded under Reception No. 1267842,
S88°05'19"W, a distance of 1297.95 feet,to a point on said West line of Section 15;
thence along said West line of Section 15, N01°23'23"W, a distance of 584.41 feet, to the point
of beginning.
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2082648 ANNX AG 09/19/2017 10:12:55 AM
Page: 19 of 31 R 183.00 D 0.00 T 183.00
Gilbert Ortiz Clerk/Recorder; Pueblo County: Co
1111 FM110JIB I�r !in Ei � iI W:15Yl411111
Said Parcel contains 287.387 acres, more or less.
NEW CITY LIMIT:
Beginning at the NW Corner of said Section 15,being marked on the ground by a 3 1/4"aluminum
cap, PLS 31161, 2000, found in place;
thence along the North line of said Section 15,N88°05'36"E,a distance of 2595.90 feet,to the N
1/4 Corner of said Section 15,being marked on the ground by a 3 1/4"aluminum cap,PLS 31161,
2000, found in place;
thence continuing along said North line of Section 15, N88°04'42"E, a distance of 1299.26 feet,
to the E 1/16 Corner of Section 10 and said Section 15,being marked on the ground by an original
axle, found in place,
said point also being the point of terminus.
ALSO,
Beginning at a point on the West line of said Section 15, being the Southeast Corner of the
property recorded under Reception No. 1399111, from where the W 1/4 Corner of said Section
15, being marked on the ground by a 3 1/4" aluminum cap on#6 rebar, PLS 31161, 2000, found
in place,bears S01°23'23"E, a distance of 1649.78 feet;
thence along the South line of said property recorded under Reception No. 1399111,
N88°05'11"E, a distance of 1297.95 feet,to a point of the East line of the NW 1/4 of the NW 1/4
of said Section 15;
thence along said East line of the NW 1/4 of the NW 1/4 of Section 15,N01°23'23"W,a distance
of 405.41 feet,to the Northwest Corner of the property recorded under Reception No. 1267842;
thence along the North line of said property recorded under Reception No. 1267842,
S88°05'19"W, a distance of 1297.95 feet,to a point on said West line of Section 15, from where
the NW Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap, PLS
31161, 2000,bears N01°23'23"W,a distance of 584.41 feet,
said point also being the point of terminus.
CERTIFICATION OF PERIMETER:
The perimeter of the parcel of land to be annexed, as shown and described hereon, meets the
required 1/6 contiguity with the current city limits of the City of Pueblo.
PHASE 3 ANNEXATION
AREA TO BE ANNEXED:
A parcel of land, located in the N 1/2 of Section 27, Township 20 South, Range 64 West of the
6th P.M.,County of Pueblo, State of Colorado,with all the bearings contained herein based upon
-19-
a bearing of N88°04'28"E, as measured between the W 1/4 Corner of said Section 15, being
marked on the ground by a 3 1/4" aluminum cap on#6 rebar, PLS 31161, 2000, found in place,
and the E 1/4 Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap
on#6 rebar, PLS 10093, 19840, found in place, said parcel being more particularly described as
follows:
PARCEL 1
Beginning at the W 1/4 Corner of said Section 27, being marked on the ground by a 3 1/4"
aluminum cap on 2"pipe, PLS 16128, 1993, found in place;
thence along the West line of said Section 27,N01°31'49"W,a distance of 1979.44 feet,to a point
on the South right-of-way line of Pete Jimenez Parkway,recorded under Reception No. 1727442;
thence along said South right-of-way line,the following eighteen(18)courses:
865.12 feet along a non-tangent curve to the right, having a radius of 7940.00 feet, a tangent of
432.99 feet,a delta of 06°44'34", and a chord of 864.69 feet that bears S81°57'29"E;
Si1°09'48"W, a distance of 85.50 feet;
287.20 feet along a curve to the left, having a radius of 7854.5 feet, a tangent of 143.61 feet, a
delta of 02°05'42", and a chord of 287.18 feet that bears S77°47'21"E;
S76°44'30"E, a distance of 299.14 feet;
N13°15'30"E, a distance of 85.50 feet;
S76°44'30"E, a distance of 687.81 feet;
S13°15'30"W, a distance of 50.00 feet;
S76°44'30"E, a distance of 115.32 feet;
N13°15'30"E, a distance of 50.00 feet;
10) S76°44'30"E, a distance of 1804.77 feet;
S13°15'30"W, a distance of 50.00 feet;
S76°44'30"E, a distance of 292.45 feet;
N13°15'30"E,a distance of 50.00 feet;
S76°44'30"E, a distance of 546.33 feet;
S13°15'30"W, a distance of 75.00 feet;
S76°44'30"E, a distance of 100.00 feet;
N13°15'30"E, a distance of 75.00 feet;
N76°44'30"W, a distance of 376.32 feet, to a point on the East line of said
Section 27;
thence along said East line of Section 27, S01°27'23"E, a distance of 598.55 feet,to the East 1/4
Corner of said Section 27, being marked on the ground by a 2" aluminum cap attached to a 1"
axle, PLS 13155, 2005, found in place;
thence along the East-West centerline of said Section 27, S87°28'36"W, a distance of 5216.94
feet,to the point of beginning.
Said Parcel contains 157.013 acres, more or less.
NEW CITY LIMIT:
Beginning at a point on East line of Section 27,also being a point on the South right-of way line
of Pete Jimenez Parkway, recorded under Reception No. 1727442, from where the East 1/4
Corner of said Section 27, being marked on the ground by a 2" aluminum cap attached to a 1"
axle, PLS 13155, 2005, found in place, bears S01°27'23"E, a distance of 598.51 feet,
-20- 2082648 ANNX AG 09/19/2017 10:12:55 AM
Paggrt20rttiz Clerkk/Reoorder DPu0eblo County, Co
■III�!�1��QM� �'',1 �I�K��ti�„N�� t!�'�P���i'ti4�I' 11111
thence along said East line of Section 27, S01°27'23"E, a distance of 598.55 feet,to said East 1/4
Corner of said Section 27;
thence along the East-West centerline of said Section 27, S87°28'36"W, a distance of 5216.94
feet,to the W 1/4 Corner of said Section 27, being marked on the ground by a 3 1/4" aluminum
cap on 2"pipe, PLS 16128, 1993, found in place;
thence along the West line of said Section 27,NO 1°31'49"W,a distance of 1979.44 feet,to a point
on said South right-of-way line of Pete Jimenez Parkway, recorded under Reception No.
1727442;
said point also being the point of terminus.
CERTIFICATION OF PERIMETER:
The perimeter of the parcel of land to be annexed, as shown and described hereon, meets the
required 1/6 contiguity with the current city limits of the City of Pueblo.
2082648 ANNX AG 09/19/2017 10:12:55 AM
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
VIII 14iraLPILPigfe,MC WEI'Mt Li, 11i II I
-21-
EXHIBIT B
(none)
2082648 ANNX AG 09/19/2017 10:12:55 AM
Page:
283 D 0.00lCou
nty,80
0
Gilbert Ortiz Clerk/Recorder, Co
■III kic11,114',1E'',MLnlel IRV II
-22-
EXHIBIT C
SPECIAL IMPROVEMENTS AND DEDICATIONS
AIRPORT WEST ANNEXATION (A-16-02)
ANNEXATION AGREEMENT
1. Off-Site Roadways
In compliance with the Pueblo Roadway Development Plan and the Pueblo Area Council
of Governments Roadway Corridor Preservation Plan, the City of Pueblo will identify for the
Petitioner the alignment of off-site freeways, arterials and collectors, which provide connectivity
to the Property. Petitioner will cause all local roadways within the Property to connect with all
adjoining local roadways. "Identify"does not mean or include surveying or engineering services.
2. Access to Property
The primary accesses to the Property are from North 27th Lane, Rawlings Blvd, Baculite
Mesa Road, and Pete Jimenez Blvd within the Phase 1 area; North 27th Lane and Rawlings Blvd
within the Phase 2 area;and North 27th Lane and Pete Jimenez Blvd within the Phase 3 area. North
27th Lane and Pete Jimenez Blvd are classified as principal arterial roadways with a one-hundred
four (104) foot rights-of-way. North 27th Lane is currently constructed as a 28' pioneer road,
constructed to the design standards and standard details as shown on attached Exhibit C-3, along
the west side of the right-of-way, with drainage culverts constructed under the right-of-way to
accommodate the full buildout of the road, along with a water line provided by the Pueblo Board
of Water Works to serve the Black Hills Airport Power Plant Facility within the eastern portion of
the right-of-way. Rawlings Blvd is classified as a minor arterial roadway with a one-hundred
(100) foot right-of-way. A Pueblo Board of Water Works water line is located within the right-
of-way of Rawlings Blvd between Troy Avenue and North 27th Lane. The Baculite Mesa Road is
20826488ANNX AG 09/19/2017 10:12:55 AM
-23_ Galbert2Ortiiz C1��erkRRe8orde0r D 0blo Coun8ty,3 00
11111
classified as a collector roadway with an eighty (80) foot right-of-way. The roadway accesses to
the Property is shown on Exhibit C-2.
If access is provided from Colorado State Highway 47 (Cesar Chavez Blvd), Petitioner
shall, at its sole cost and expense, not later than one-hundred eighty (180) days after the issuance
of the first building permit for construction within the first subdivision that includes any portion
of the Property (a) obtain a permit from the Colorado Department of Transportation (CDOT)
pursuant to the CDOT SH 47 Access Control Plan that provides access to the Property from State
Highway 47, and will bear all cost of obtaining the access permit, design, and construction of all
improvements required by the permit, (b) dedicate to the public or deed to the City right-of-way
based on the classification of the roadway within the Pueblo Roadway Development Plan in an
alignment approved by the Director of Public Works between SH 47 and the Property, and (c)
construct and install all improvements required by CDOT and the access permit. All such costs
and expenses incurred by Petitioner shall be part of the Reimbursable Costs described in Section
3 hereof.
The alignments of the 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
construction plans,all which shall be approved by the Director of Public Works. If not 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. Secondary Access Road
The Petitioner, in accordance with the 2009 International Fire Code as amended and as
2082648 ANNX AG 09/19/2017 10:12:55 AM
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age: 211-
4 of 35 R 183.00 D 0.00 T 183.00
Gilbert Qrtiz Clerk/Recorder, Pueblo County, Co
VIII I rjR,1 C7 KI:iii'iVri5 KRL'ili 11111
enacted in City Ordinance 8278, shall provide secondary access to the Property. The alignment,
design, construction and installation of the secondary access 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)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. City may refuse to approve any subsequent subdivision or issue building permits until such
secondary access is provided.
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 constructed in an alignment
acceptable to the Director Works, no fewer than twenty-eight (28) feet in width, and constructed
to the design standards and standard details as shown on attached Exhibit C-3.
4. Sanitary Sewer
If not already installed, prior to the approval of the subdivision of any portion of the
Property, Petitioner shall, at its sole expense, design and install the off-site sanitary sewer system
connecting to the existing sewer in such size, location and alignment approved by the Director of
Waste Water including, but not limited to sewer lines, mains, pump stations in compliance with
the Sanitary Sewer Master Plan as provided in Article II, Section 3 hereof. The sanitary sewer
mains and system for the Property must be designed by a Colorado Licensed Professional Engineer
and approved by the Director of Waste Water.
Based upon a flow analysis of the City's sanitary sewer system performed by the City of
Pueblo Wastewater Department, if any portion of City's existing sanitary sewer that would carry
wastewater flows from Property is at capacity, Petitioner shall construct and install at Petitioner's
2082648 ANNX AG 09/19/2017 10:12:55 AM
Mee
age: 25 of 35 R 183.00 0 0.00 T 183.00
Gilbert Or?iz ClerklRecorder, Pueblo County, Co
-25- 1111 k1r11ll 1:1+1'1L40111i i'?ii l i" 11111
sole expense additional sewer lines, mains, pump stations, and/or upgrades to pump stations in
order to provide sanitary sewer service to the Property. The size, location and capacity of such
sewer lines, mains, and pump stations will be determined by the Director of Waste Water based
upon the Sanitary Sewer Design Criteria and Policies for the City of Pueblo published December
22,2003 or as same may be hereafter amended. Such additional sewer lines,mains,pump stations
shall be installed as part of the public improvements required for subdivisions within the Property
as determined by the Director of Waste Water.
Depending upon the point of connection to the sanitary sewer system and additional
capacity resulting from the construction of the sewer mains, the Petitioner may incur and have to
pay and/or be eligible for Cost Recovery per Section 16-5-5 of the Pueblo Municipal Code for all
or a portion of the cost of the sewer main extension or improvements to the existing sanitary sewer
system. In order to be eligible for cost recovery, Petitioner must comply with and meet the
requirements and conditions of said section 16-5-5.
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 sanitary sewer easements,
in a widths and alignments 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 lines
outside of the city limits of Pueblo.
If the Petitioner,after good faith efforts,is not able to acquire from the intervening property
owners the sanitary sewer easement in an alignment acceptable to the City, the City will, 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 remainder of
the owner's property, and Condemnation Costs, including but not limited to reasonable appraisal,
relocation assistance and costs, if any, expert witness, and attorneys' costs and fees. Petitioner
2082648 ANNX AG 09/19/2017 10:12:55 AM
Page: 26 3�a .00 D 0.00 T 183.00
-26- Gilbert Ortiz ClerkR/Recor183der, Pueblo County; Co
1I,V&iiiIMORYid 11111
•
•
shall within ten (10) days, after request by the City, deposit with the City an estimate of
Condemnation Costs, as determined by the City Attorney, before the City will commence
condemnation proceedings. Petitioner shall pay the balance of the Condemnation Costs within ten
(10) days after request therefore.
Prior to condemnation, the City may attempt to acquire the property required for the
easement and will not begin condemnation proceedings as long as the property owner is
negotiating with the City. In addition to costs of acquiring the required property mentioned above,
the Petitioner is responsible for all costs incurred by the City from negotiations with the property
owner(s).
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 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 approved
by the Director of Public Works.
To the maximum extent practicable as determined by the Director of Public Works,
Petitioner must reduce the peak flows and run-off volumes from the Property through stormwater
detention and retention facilities to levels that existed before the Property was developed, or to
levels that are capable of being handled by the downstream drainage facilities, whichever is less.
Prior to the approval of any subdivision of land within the Property,the subdivision drainage report
and drainage facilities must be approved by the City's Director of Public Works.
2082648 ANNX AG 09/19/2017 10:12:55 AM
_27_ Page: 27 of 35 R 183.00 D 0.00 T 183.00
Gilbert Ortiz Clerk/Recorder, Pueblo County. Co
mill IK1FMHMINIAtii fll'�11:1/21,1a. Lai 11111
2082648 ANNX AG 09/19/2017 10:12:55 AM
Page: 28 of 35 R 183.00 D 0.00 T 183.00
Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
6. Public Safety Fee
iiia IIVAI1��i PjMIi�'.Li1WV I'�14«1 ��I�'I11111%w'i�I ��h 1101
To fund the cost and expenses of providing funding for public safety for the police and
fire departments related to the developing the Property, Petitioner and any subsequent owner of
all or any part of the Property shall, as a condition of approval of the annexation, and as a
condition of issuing a building permit for the construction within the Property, pay a Public
Safety Fee calculated by the square foot of floor space for each existing building and new
building to be constructed on the Property ("Fee") based on the following fee schedule:
Residential Building Permits 37.0 cents per square foot of floor space
Commercial Building Permits 10.6 cents per square foot of floor space
Industrial Building Permits 1.0 cent per square foot of floor space
The Fee for existing buildings shall be paid to the City within ten days after the
annexation ordinance is approved by City Council. The Fee for any new building construction
shall be paid to the City when a building permit is issued for each new building. The Fee shall
be deposited by the City in an interest bearing escrow account identified as the "Public Safety
Account." Funds deposited into the Public Safety Account shall be used solely to pay for the
cost of operation, administration, maintenance, repair, improvement,renewal,replacement and
construction of new public safety areas of the city and related costs.
An annual cumulative rate adjustment will be made based on the Consumer Price Index
(CPI-U) for the Denver, Colorado MSA for the period of time between approval of the
annexation and development. The adjustment shall be the percent change in the CPI for the
calendar year ending December 31st of each year.
6. Arterial Roadway Special Improvement Maintenance District
Petitioner shall, at the request of the City, sign a petition pursuant to Chapter 9, Title XII,
of the Pueblo Municipal Code to include the Property within a special district for the purpose of
-28-
providing for the maintenance of all landscaping within the right-of-way along all arterial
roadways as presently established and as located and constructed in the future. In order to
implement this covenant, Petitioner shall place restrictions of record sufficient to bind all the land
within the Property and subsequent owners thereof to this covenant.
7. Development Adjacent to Pueblo Memorial Airport
Petitioner shall comply with all notifications and review requirements of the Federal
Aviation Administration,or any successor entity thereto, prior to the construction,modification
or alteration of any building or structure on the Property.
2082648 ANNX AG 09/19/2017 10:12:55 AM
Page: 29 of 35 R 183.00 D 0.00 T 183.00
Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
1111Wil 11N'ritKii I'e'I 11611h 'ZMi ��L'��14+I 1I II I
-29-
Exhibit C-1
Airport West Annexation (A-16-02)
Property Ownership
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Gersick College Property—
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Airport West Annexation ;1°®
.1.1,�-3a . -r �( - 0 0.125 0.25 0.5
i ,_ =1 . 1 Miles
City Limits ` 1-- s —
1i h mu'Qa uL.—W- —Iasi ui LtiN_, +.y 8 J._
Note: In accordance with Article II—Master Development Plans must be submitted
contemporaneously with Petitioner's application to zone the Property that pertains to individual
property or properties in common ownership at the time of the approval of the annexation.
-30-
2082648 ANNX AG 09/19/2017 10:12:55 AM
Pag ert30r fz 3.7erkc/Recorde0,DPu0eblo0 Coun8ty, 0 o
111111 Prill'a NdaIllRINIDOr'ri �a141�Y4+i 5111
Exhibit C-1(A)
Property Ownership Legal Descriptions
GERSICK COLLEGE,JM CATTLE,JENRO PROPERTIES:
JOAN OCCHIATO AND JOYCE M.SPIESS AND MICHAEL A.OCCHIATO AS CO-TRUSTEESS OF
THE JOSEPH M.OCCHIATO TESTAMENTARY TRUST FOR THE BENEFIT OF JOAN OCCHIATO
AS TO PARCELS I, II, VIII_
AND
GERSICK COLLEGE PROPERTY,LLC, A COLORADO LIMITED LIABILITY COMPANY _
AS TO PARCELS ill,IV, V,VI_
AND
JENRO PROPERTIES,LLC, A COLORADO LIMITED LIABILITY COMPANY _
AS TO PARCELS I, II, VII, VIII
Legal Description:
PARCEL l:
THE NI/2 OF THE NWI/4 OF THE NWU4 OF SECTION 15,TOWNSIDP 20 SOUTH, RANGE 64
WEST OF THE 6TH P.M., COUNTY OF PUEBLO, STATE OF COLORADO, LESS THE SOUTHERLY
75.5 FEET OF THE N1/2 OF THE NW1/4 OF THE NW1/4 OF SAID SECTION 15, TOWNSHIP 20
SOUTH, RANGE 64 WEST, COUNTY OF PUEBLO, STATE OF COLORADO.
PARCEL II:
NWI/4 OF THE SW1/4 AND S1/2 OF THE S1/2 OF THE NWI/4 OF THE NWI/4 AND SW1/4 OF THE
NWI/4 OF SECTION 15,TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF
PUEBLO, STATE OF COLORADO.LESS THAT PORTION CONVEYED IN DEED RECORDED 2 11,
2010 UNDER RECEPTION NO. 1832957 AND THAT PORTION CONVEYED IN DEED RECORDED
MARCH 10, 2010 UNDER RECEPTION NO. 1835 397.
PARCEL III:
SOUTHWEST 114 OF THE SOUTHWEST 114 OF SECTION 15,RANGE 20 SOUTH, RANGE 64
WEST OF THE 6TH P.M., COUNTY OF PUEBLO, STATE OF COLORADO.
PARCEL IV:
NE1/4 OF THE SW1/4, LESS THAT PORTION CONVEYED IN DEED RECORDED FEBRUARY
2,2010 UNDER RECEPTION NO. 1831884:
SEI/4 OF THE SEI/4,LESS THAT PORTION CONVEYED IN DEED RECORDED FEBRUARY
17,2010 UNDER RECEPTION NO.1833477;
N1/2 OF THE SE1/4,LESS THAT PORTION CONVEYED IN DEEDS RECORDED FEBRUARY
2,2010 UNDER RECEPTION NO.1831883 AND RECORDED FEBRUARY 9,2010 UNDER
RECEPTION NO. 182736,ALL IN SECTION 15,TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6T"
P.M.,COUNTY OF PUEBLO,STATE OF COLORADO.
PARCELV:
NWI/4 OF THE NE1/4 AND NEI/4 OF THE NEI/4 OF SECTION 22,TOWNSHIP 20 SOUTH, RANGE 64
WEST OF THE 6TH P.M., COUNTY OF PUEBLO, STATE OF COLORADO, LESS PORTION
-31-
CONVEYED IN DEED RECORDED FEBRUARY 17,2010 UNDER RECEPTION NO.
1833478.
AND
SWU4 OF THE SEI/4 AND SEI/4 OF THE SW1/4 OF SECTION 15,TOWNSHIP 20 SOUTH,RANGE
64 WEST OF THE 6TH P.M., COUNTY OF PUEBLO, STATE OF COLORADO.
—0
,a•
PARCEL VI: N o
NEI/4 OF THE SEI/4;SW1/4 OF THE SW1/4 OF THE SEI/4;NI/2 OF THE SW1/4 OF THE SEI/4, N
ALL IN SECTION 22,TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6TH POINT.M., ®00
COUNTY OF PUEBLO, STATE OF COLORADO. moa?
PARCEL VII: -.mw
NEI/4 OF THE NE1/4 OF SECTION 21 AND NW1/4 OF THE NWI/4 OF SECTION 22,ALL IN m
TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF PUEBLO, STATE OF
COLORADO. X Mi u
ZOTE
trN
PARCEL VIII: NO�
W1/2 OF THE NEU4 OF SECTION 21; EI/2 OF THE NW1/4 AND SEI/4 OF THE SWI/4 OF THE SE1/4 OF N.co 4;`cu
SECTION 22,ALL IN TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6TH P.M.,COUNTY OF (W..
PUEBLO, STATE OF COLORADO
JOHN STAVELY
Legal Description:
EAST 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 SECTION 22,TOWNSHIP 20 SOUTH,RANGE
64 WEST OF THE 6TH P.M., COUNTY OF PUEBLO, STATE OF COLORADO, LESS THAT PORTION
SOLD IN DEED RECORDED DECEMBER 24,2009 UNDER RECEPTION NO. 1828579.
JOHN H. THATCHER,JR. TRUST DATED MARCH 8, 2004 AND BETH E.THATCHER TRUST
DATED MARCH 8,2004
Legal Description:
SEI/4 SE1/4 OF SECTION 22,TOWNSHIP 20 SOUTH RANGE 64 WEST OF THE 6TH P.M.,COUNTY
OF PUEBLO, STATE OF COLORADO._
AND
NE1/4 OF SECTION 27,TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF
PUEBLO, STATE OF COLORADO, LESS PORTION CONVEYED MAY 24,2007 UNDER RECEPTION
NO. 1727442 AND LESS PORTION CONVEYED FEBRUARY 16,2010 UNDER RECEPTION NO.1833096
AND LESS PORTION CONVEYED JULY 28,2011 UNDER RECEPTION NO.1881553.
AND
NW1/4 SECTION 27,TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF
PUEBLO, STATE OF COLORADO, LESS THAT PORTION CONVEYED IN DEED RECORDED MAY
-32-
24,2007 UNDER RECEPTION NO.1727442.
H.E.SMITH, DTCHLS CORPORATION,A COLORADO CORPORATION AND FRANK E. STRINGER
AND EDEN LEASING, INCORPORATED,A COLORADO CORPORATION
Legal Description:
NEI/4 AND E1/2 NWI/4 SECTION 15,TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6TH
P.M., COUNTY OF PUEBLO, STATE OF COLORADO,LESS THAT PORTION CONVEYED IN DEED
RECORDED FEBRUARY 18,2010 UNDER RECEPTION NO. 1833545.
2082648 ANNX AG 09/19/2017 10:12:55 AM
Page: 33 of 35 R 183.00 D 0.00 T 183.00
Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
1II1ilFailMOikiVillistil, IIIil
-33-
20882648 ANNX AG 09/19/2017 10:12:55 AM
Gilbert34 of Ortiz ClllR 13.00 erk/Recorder,DPuCounty,0eblo 8ty00
Co
•III 14!W NifMlIC HMOI Airi!,1II47,111Allikr+i i, 111111
❑ C,k f
�L� v�� / Exhibit C-2
Airport West Annexation (A-16-02)
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COLLECTOR ROAD p, N ; i!I!h= TU,1 ` _----..i.„------------ 1
E:::MINORARTRO *D. � -I :rf- 0 0.2 5 0.5 1
Pueblo City Limits yy�� 4
Miles
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-34-
2082648 ANNX AG 09/19/2017 10:12:55 AM
aee:rt 3O5rtoifz C35erkR/Rec8o3rd0e0rDPu0b0lo0 Tou1n830C0o
■III 10110 RQ 'iii CD41LIl1ILh, kJ, 1I II1
EXHIBIT C-3
RI) 'Al:°TH L'A.`.EL` '_.N `_.T<'EET :LA`:':IFICATI":>`d
E'AvE; '•:H:.,i,L ,Et L 4 — AVE .H:;.�ELEk
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Typical Cross Section of 28' Pioneer Road
The alignment, design, construction and installation of a Pioneer Road for secondary access 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) as later
amended and in accordance with construction plans, all which shall be approved by the Director
of Public Works.
-35-