Loading...
HomeMy WebLinkAbout09154Reception 2082646 09/19/2017 10:12:55 AM 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 2082646 ORD 09/19/2017 10:12:55 AM Page: 2 of 7 R 43.00 D 0.00 T 43.00 Gilbert Ortiz Clerk/Recorder, Pueblo County: Co EI1114PI11M1.11411 :11K118ti Ilii��'�K�rfi Yti���IA111 411(111 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 2082646 ORD 09/19/2017 10:12:55 AM Page: 3 of 7 R 43.00 D 0.00 T 43.00 Gilbert Ortiz Clerk/Recorder.. Pueblo County. Co liiIWillidinDVlr IV, LL' 10I113 hlhIii 1IIII 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; 2082646 ORD 09/19/2017 10:12:55 AM Pagge: 4 of 7 R 43.00 D 0.00 T 43.00 Gilbert Ortiz Clerk/Recorder. Pueblo County, Co 1111 klr IPAridli lld 16114 111111 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 2082646 ORD 09/19/2017 10:12:55 AM Page: 5 of 7 R 43.00 D 0.00 11 43.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, co 11111 1110.411 NONI1 I1',1ti4:1 r6' VIhi P,V iwti�i1t�h 111 II 1 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. 2082646 ORD 09/19/2017 10:12:55 AM Page: 6 of 7 CleR 43.00 D 0.00 T 43.00 Gilbert Ortiz rk/Recorder: Pueblo County, Co .111 IM i Mti I ,' 1 III fS $11:11(P I 4 A 1114 11111 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. 2082646 ORD 09/19/2017 10:12:55 AM Page: 7 of 7 R 43.00 D 0.00 1 43.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co ■III h��.r1111 l� iI ti IJ F�kl 1i• r'J'�lifili Mki.l ILIA II II I 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, . ..42;55E )// 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 2082648 ANNX_AG 09/19/2017 10:12:55 AM Page: 2 of 35 R 183.00 0 0.00 T 183.00 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 -3- 2082648 ANNX_AG 09/19/2017 10:12:55 AM Page: 3 of 35 R 183.00 D 0.00 T 183.00 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 Mee age: 40 of 35 R 183.00 D 0.00 T 183.00 Gilbert Ortiz C1erk/Recorder, Pueblo County, Co lIII RIrid NI �rrr�4l�. �ti'N4�II�fy 'rl �IhMwt'i,114, 11111 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 -5- 2082648 N _AG 91.901000 T 255 A0 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 2082648 ANNX_AG 09/19/2017 10:12:55 AM Page: 6 of 35 R 183.00 D 0.00 T 183.00 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 -7- 2082648 ANNX_AG 09/19/2017 10:12:55 AM Page: 7 of 35 R 183.00 D 0.00 T 183.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1111 hIM:fi6yr'ALfri' illi iaLIVIIIVILIAIMIA 11111 2082648 ANNX_AG 09/19/2017 10:12:55 AM Page: 80 of 35 R 183.00 0 0.00 T 183.00 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 Page: 11 of 35 R 183.00 D 0.00 T 183.00 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 Page: 13 of 35 R 183.00 D 0.00 T 183.00 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- 2082648 ANNX AG 09/19/2017 10:12:55 AM 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. -17- 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. -18- 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 Page: 21 °f 35 R 183.00 D 0.00 T 183.00 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 -24- Mee:- 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 i 1 i „:' , _mil. _ M Cattle Mil =-1111-26- Smith/Stringer [L- Ir. .-,loll( ill _ - E m am c' � 1 mut i - aMas .- in ca Wil ', IP :' Gersick College • �� rf �� r moa., t L.1-a-1�C / r m li t k Nm %`'J 1F ui % 1 Am�7t ( . Cr) •L WI F \Cil* LD L .I a' - Cra) isa Cattle x ro ¢ it" i ,lavi•ly 24-N ., EfterC JL�- �ML�ti N W i5 Gersick m m,— College N a cA ll r Il---._ _._ .�..� _, Gersick — — -- +f ! i ��College Legend a Pro �"— Thatcher Gersick College Property— ® JM Cattle I! •• . ... _ Thatcher �~'"`` I Jenro Properties 171 J 1.. i�5 Smith lr ----- ' 1 �I Stavley ;:21.4"_ti _ I Thatcher al CI ti = � N !- nu: pp j 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) : --j_ I Ili If — — --,---- T 4 I ii.0 ��fr isove ill ! ! ti • ---"'i - -- 3 . _ .. 1 .. '-J et • C _311C-L, PII LE-----7 1,''I — jt f LVD — • .1[71;1 I it. ��Si - 1. ':; , / F • , sA DR - , Phase 1 1 ,y s 5:-..,:.1, i1,1--:::'""..4- -01149 -14t) —1-6—r - ..,,,,..44r ,i, ,j., r. s0� _..� �._..._.. ..�..,-.. 4 e _ .. � l - Z..y1 .MI 'rs t iv• Rt; �A., r:, s SID. ..4 • } : oe ti, pi-i C I I.-. . j ...inmmnn�mrt�l� II gel ,I �IIf Legend �r'.,,.' i Ll I �Airport West Annexation bliii711•$0 1 111 . - g-------, 3 , - I 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 ir- vcr'e rsWmt-ain�Eni-e- l - 'I --------:,,A-q-- I I A! r- -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 v A' EL h F-: EL . 1 i •E )11 1-' 1 2 C : —i- ;H. ./L"E? -E° I�:El TI=.L +,it.'Er�:�:.I-L H . Li El 27, r `; ,/,i ,�' /.�.•'.�� ' .� �'.:•, .' 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-