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Reception 2264835 02/15/2022 03.38.04 PM ORDINANCE NO. 10103 AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS THE WILDHORSE ANNEXATION PHASE 1 TO THE CITY OF PUEBLO DESCRIBED AS 80.40 ACRES OF LAND LOCATED NORTH OF THE U.S. HIGHWAY 50 WEST AND THE PUEBLO BOULEVARD INTERCHANGE 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; NOW,THEREFORE, 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 Colorado 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: 1. AREA TO BE ANNEXED WILDHORSE ANNEXATION 1 A portion of three parcels of land located in sections 9 and 10, Township 20 South, Range 65 West, of the 6th Principal Meridian in the County of Pueblo and State of Colorado, being more particularly described as follows: Commencing at the SE corner of the W 1/2 of the E '/2 of the SW 1/4 of said Section 10; Thence S89 degrees 10 minutes 16 seconds W, a distance of 612.25 feet to the point of beginning the present city limits line; thence N89 degrees 10 minutes 16 seconds E, a distance of 612.25 feet; thence NO1 degrees 40 minutes 27 seconds E, a distance of 2661.29 feet to the Northeast corner of the W 1/2 of E 1/2 of the SW 1/4 of section 10; thence S 2264835 02/95/2022 03:38:04 pM Page: 20 _ of 4 R 28.00 f1 0.00 T 28.00 Gi!.hert Or'iR- l:lerkiRecarder. Pueblo County. Co ■III li l r ,rir " ? 'L ' a 144 P tiikily1 u1 II1 88 degrees 57 minutes 11 seconds W, along the said north line, a distance of 665.40 feet, to the Northwest corner of the W 1/2 of the E '/2 of the SW 'A of Section 10; thence SO degrees 0 minutes 0 seconds W, a distance of 1492.67 feet; thence N90 degrees 0 minutes 0 seconds W, a distance of 2318.65 feet; thence S 29 degrees 39 minutes 59 seconds E, a distance of 1269.12 feet to a point on the west line of the E 1/2 of the E '/2 of the E 1/2 of the SE '/4 of said Section 9 and the north line of Colorado State Highway No. 50, and the present city limits line; thence S 88 degrees 08 minutes 38 seconds E, continuing along said City Limits line, a distance of 178.88 feet; thence N 77 degrees 48 minutes 53 seconds E, continuing along said City Limits line, a distance of 152.37 feet; thence N 77 degrees 32 minutes 17 seconds E, continuing along said City Limits line, a distance of 312.70 feet; thence N 67 degrees 53 minutes 08 seconds E, continuing along said City Limits line, a distance of 309.71 feet; thence N 10 degrees 48 minutes 11 seconds, continuing along said City Limits line, a distance of 460.12 feet; thence S 74 degrees 30 minutes 12 seconds E, continuing along said City Limits line, a distance of 441.31 feet; thence S 06 degrees 04 minutes 05 seconds E, continuing along said City Limits line, a distance of 385.19 feet; thence S 23 degrees 35 minutes 46 seconds E, continuing along said City Limits line, a distance of 141.19 feet; thence S 55 degrees 35 minutes 35 seconds E, continuing along said City Limits line, a distance of 166.17 feet to a point on the south line of W1/2 of the E '/z of the SW 1/4 of said section 10 and the point of beginning. Containing 80.40 acres, more or less. 2. PROPOSED NEW CITY LIMITS LINE: Commencing at the SE corner of the W 1/2 of the E 1/2 of the SW 1/4 of said Section 10; Thence S89 degrees 10 minutes 16 seconds W, a distance of 612.25 feet to the point of beginning the present city limits line; thence N89 degrees 10 minutes 16 seconds E, a distance of 612.25 feet; thence N01 degrees 40 minutes 27 seconds E, a distance of 2661 .29 feet to the Northeast corner of the W 1/2 of E 1/2 of the SW '/4 of section 10; thence S 88 degrees 57 minutes 11 seconds W, along the said north line, a distance of 665.40 feet, to the Northwest corner of the W '/2 of the E 1/2 of the SW 'A of Section 10; thence SO degrees 0 minutes 0 seconds W, a distance of 1492.67 feet; thence N90 degrees 0 minutes 0 seconds W, a distance of 2318.65 feet; thence S 29 degrees 39 minutes 59 seconds E, a distance of 1269.12 feet to a point on the west line of the E '/2 of the E '/2 of the E 1/2 of the SE 1/4 of said Section 9 and the north line of Colorado State Highway No. 50, and the present city limits line. 3. CERTIFICATION OF PERIMETER: At least one-sixth of the boundary of the land described in paragraphs one (1) above, is now existing City Limits Line. 22648358 02/15/2022 03:38:04 PM 611ke: t 31;o 4GieR h28.00 0 0.00bTo28 0oy Go SECTION 2. IIII N111.0.1711r 11i.iaLOANI I411; 11111 The owners of one hundred percent (100%) of the property to be annexed have petitioned for such annexation. SECTION 3. The Annexation Agreement in the form and content presented to the City Council at this meeting is hereby authorized and approved. The President of the City Council is hereby 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; and, (b) File for recording three certified copies of this Ordinance and annexation map with the Pueblo County Clerk and Recorder; and, (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 to take all other actions necessary or appropriate, on behalf of the City, to implement the provisions of this Ordinance and the Annexation Agreement. SECTION 6. If any provisions of this Ordinance or Annexation Agreement shall be held or deemed to be illegal, inoperative or unenforceable, the same shall not affect any other provisions or provisions of this Ordinance or Annexation Agreement or render the same invalid, inoperative or unenforceable, except as otherwise expressly provided in the Annexation Agreement. SECTION 7. The City Council hereby consents to the inclusion of the annexed area in the Southeastern Colorado Water Conservancy District pursuant to C.R.S. §37-45-136 (3.6). 2264835 02/i5/2022 03:38'04 PM Page 4 of 4 R 28.00 D 0 00 T 28.00 Gilbert Ortiz Clerk/Recorder. Pueblo County Co SECTION 8. I I i r °G` 1"!' u' ' .I I tt 1' h II"IA ill III 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, 2023. Action by City Council: Introduced and initial adoption of Ordinance by City Council on January 10, 2022. Final adoption of Ordinance by City Council on January 24, 2022 . President f City Council Action by the Mayor: Approved on /— . El Disapproved on based on the following objections: 7(cfa4I,X412, yor Action by City Council After Disapproval by the Mayor: El Council did not act to override the Mayor's veto. ❑ Ordinance re-adopted on a vote of , on El Council action on failed to override the Mayor's veto. 4riziL c0 esident of City Council ATTEST S A .,f t` ,. City - City Clerk’s Office Item # R-4 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: January 10, 2022 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS THE WILDHORSE ANNEXATION 1 TO THE CITY OF PUEBLO DESCRIBED AS 80.40 ACRES OF LAND LOCATED NORTH OF THE U.S. HIGHWAY 50 WEST AND THE PUEBLO BOULEVARD INTERCHANGE SUMMARY: The Petitioner is requesting to annex the property containing 80.40 acres into the City of Pueblo commonly known as the Wildhorse Annexation 1 to the City of Pueblo. This is the first phase of a two-phase annexation that will total 179.38 acres. PREVIOUS COUNCIL ACTION: On June 14, 2021 City Council approved a Resolution No. 14632 preliminarily determining that the petition for annexation of the area commonly known as the Wildhorse Annexation 1 is valid under the provisions of Colorado Revised Statutes Section 31-12-107(1). BACKGROUND: The Wildhorse Annexation 1 is located north of the U.S. Highway 50 West and the Pueblo Boulevard Interchange. The Petitioner is requesting to annex 80.40 acres into the City to facilitate the development of a mixture of retail uses, high density residential, and business park uses. The proposed annexation site is located north of unincorporated Pueblo County (A-1, Agricultural One, A-2, Agricultural Two, A-3, Agricultural Three Districts), which are undeveloped except for a self- storage facility within the A-2 Agricultural District. The property to the east is undeveloped A-1, Agricultural One in Pueblo County. The property to the south has A-3, Agricultural Three, A-1, Agricultural One, and S-1, Public Use Districts within unincorporated Pueblo County. There is one residence south of the property within the Holiday Hills Subdivision in unincorporated Pueblo County. In addition, the Colorado Department of Transportation Maintenance Facility and Yard is located south of the property within city limits. The area west of the property is undeveloped A- 3, Agricultural Three in Pueblo County. The annexation agreement identifies that the property will be zoned City A-1, Agricultural One as an interim zone district. The annexation agreement allows for the A-1 zone district to continue for not more than 10 years and prohibits building permits from being issued until the property is rezoned to a zone district that is consistent with the Pueblo Comprehensive 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. BOARD/COMMISSION RECOMMENDATION: The City Planning and Zoning Commission reviewed the annexation at the December 8, 2021, Regular Meeting. A motion to approve the proposed annexation was made by Commissioner Bailey and seconded by Commissioner Avalos to recommend approval of the proposed annexation petition. Motion passed 7-0. 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. Attachments: Proposed Ordinance Wildhorse Annexation Agreement Wildhorse Annexation 1 Plat Minutes of the Planning and Zoning Commission December 8, 2021 Planning and Zoning Commission Staff Report with Exhibits Reception 2264837 02/15/2022 03:38:04 PM ANNEXATION AGREEMENT CASE NO. A-20-04 WILDHORSE ANNEXATION This Annexation Agreement is made effective as of I JZI I ZZ , 2022, by and between the City of Pueblo, a Municipal Corporation, (the "City"), for the use and benefit of Wildhorse Land and Holdings, LLC a Colorado limited liability company, ("Petitioner"), WITNESSETH WHEREAS, the Petitioner is the owner of the real property located in Pueblo County, Colorado, and described in Exhibit"A" attached hereto and incorporated herein (the "Property"); WHEREAS,the Petitioner has submitted a petition for the annexation of the Property to the City; and WHEREAS,as a condition precedent to the annexation of the Property, Petitioner has agreed to enter into an annexation agreement with the City setting forth certain terms and conditions with 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. REPRESENTATIONS AND WARRANTIES OF PETITIONER Petitioner hereby represents and warrants to, and covenants with, the City as follows: (1) Petitioner has good and marketable fee simple title to the Property subject only to Permitted Encumbrances attached hereto as Exhibit"B." (2) 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. (3) This Annexation Agreement when executed and delivered constitutes a valid and legally binding obligation of the Petitioner enforceable against Petitioner according to its terms.The document entitled "Special Improvements and Dedications" marked as Exhibit "C", and attached hereto, is incorporated herein by this reference. In the event of a conflict between the terms and conditions of Exhibit C and this Agreement, the terms and conditions contained in Exhibit C shall control. (4) Neither the execution and delivery of this Annexation Agreement nor the fulfillment of or compliance with its terms and conditions, nor the consummation of the transactions contemplated hereby, conflicts with or results in a breach of the terms, conditions or provisions or any restriction or any agreement or instrument to which the Petitioner is bound or constitutes a default under any of the foregoing. -1- W\BMW1RnnI Famm\3495.004-HMW 9-23-2021 Rm To I3MA 0-30-2021 RFV TO Wildhorro Anna.cauon Agreement Draft 5-14-21 W AH And Signature Page Changes(City Of Pueblo V-6-22-2021)-Docx 2264837 02/15/2022 03:38;04 PM Page 2 of 28 R 148.00 D 0.00 T 148.00 Gilbert Ortiz Clerk/Recorder; Pueblo Courts, Co till ���ti�l� ���� (5) 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. (6) 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 If the Property is not intended to be included in a single subdivision, Petitioner will prepare and submit or cause to be prepared and submitted to the Planning and Zoning Commission for approval a Master Development Plan for the Property contemporaneously with Petitioner's application to zone the Property as provided in Article III hereof. The Master Development Plan shall be prepared in consultation with the City's Subdivision Review Committee and Department of Planning and Community 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. 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 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: (I) 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 hereafter be amended(MANUAL)and be certified by a Professional Engineer competent in the field of surface water drainage engineering and registered in the State of Colorado. Stormwater flows from subdivisions within the Property must be detained and/or retained as determined by the Director of Public Works. The Petitioner shall construct, at its sole expense, such detention and retention facilities, along with the complete stormwater conveyance system (collectively the "Drainage Facilities") in full compliance with the MANUAL and the City's Standard Construction Specifications and Standard Details, published March 28, 2005, or as either may be hereafter amended and as shown on the construction plans approved by the Director of Public Works. The Petitioner, at its sole expense, shall be responsible for the acquisition and dedication of -2- W\IIMWUicnl I:sia0014951104-BMW 9-21-2021 RL,'1011M336 3(1 2021 RI V I()WIWhr,s;Annexauun Aarccn ni Draft 5-14-21 W AH And Signature Page Changes(City Of Pueblo V-6-22-2021).Docz 2264837 02/15!2022 03:38:04 PM Page: 3 of 28 R 148.00 0 0.00 T 148.00 Gilbert Ortiz Clerk/Recorder, ouebio County, Co •iii Farr Pill:U:14d VA, all on-site and off-site easements to facilitate the installation of the Drainage Facilities on and off the Property and to provide conveyance for site stormwater run-off to downstream receiving waters. The Drainage Plan shall address surface water drainage within the Property, upstream drainage tributary to the Property, as well as effects of the development of the Property upon downstream properties and drainage facilities. Negative impacts on the surrounding properties, as determined by the City's Director of Public Works, which are reasonably attributable to the development shall be mitigated through stormwater drainage improvements installed by and at the expense of the Petitioner. Additionally, if off-site downstream storm drainage facilities are determined to be inadequate, supplemental detention and retention facilities must be constructed by the Petitioner. The Drainage Plan shall include a phasing plan or schedule addressing proposed drainage improvements for the Property. Stormwater releases, water quality management, and erosion control measures shall be incorporated into the Drainage Plan to meet current and future NPDES requirements. The Petitioner must reduce peak flows and run-off volumes from the Property, to the maximum extent practicable, to levels that existed prior to any development within the Property, or to levels that are capable of being handled by the downstream drainage facilities, whichever is less, as determined by the Director of Public Works. Prior to the approval of any subdivision of land within the Property, a subdivision drainage report must be submitted to the City's Director of Public Works for approval. (3) Sanitary Sewer Plan. The Sanitary Sewer Plan shall be prepared in accordance with the Sanitary Sewer Design Criteria and Policies for City of Pueblo published April 28, 2008, or as same may hereafter be amended, and be certified by Professional Engineers competent in the field of sanitary sewer engineering and registered in the State of Colorado. The Sanitary Sewer Plan shall address the needs of the gravity-fed sanitary sewer drainage basin of which the Property is a part. from the tributary area north of the Property through the Property to the south Property line as provided in Exhibit C. The sewer drainage basin shall be approved by the Director of Public Works. Associated impacts on City's existing non-principal sanitary sewer system (less than 15-inch diameter) and proposed sanitary sewer system shall be identified in the Sanitary Sewer Plan, and those impacts which are reasonably attributable to the development of the Property as determined by the City, in its sole discretion, shall be mitigated through the installation of sanitary sewer improvements installed by and at the expense of the Petitioner. The Sanitary Sewer Plan shall include a phasing plan or schedule for such sanitary sewer improvements. If sanitary sewers within the Property are oversized to serve future development or are designed and constructed off-site of the Property but within the sewer drainage basin, an Agreement to recover an equitable share of the cost of constructing oversized and off-site sewer collection system improvements ("Agreement") may 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. -3- W\RMWU2cel Ifsmle\3495 004-BMW 9-2,1-2021 12ec In ISMS 6-30-2021121:V 10 Wildhnrse Annexanon Agmemant Draft 5-14-21 W All And Signature Page Changes(City Of Pueblo V-6-22-2021)Docz 2264837 02/15/2022 03:38:04 PM Page: 4 of 28 R 148.00 D 0.00 T 148.00 Gilbert Ortiz Clerk/Recorder, Pueblo County Co IVIPAT hL1giCle,i111 1KI1111111 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 shall 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 hereafter be amended for oversizing the sanitary sewer system within the Property. (4) Transportation Plan. The Transportation Plan has been prepared by professional engineers competent in the field of transportation and registered in the State of Colorado and submitted to the City Traffic Engineer. Associated impacts on City's existing and proposed traffic and roadway systems are identified in the Transportation Plan and studies, and those impacts which are reasonably attributable to the development of the Property as determined by the Transportation Plan 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 includes a general phasing plan or schedule of such traffic improvements. 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§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 (1) No later than ninety (90) days after the effective date of the ordinance annexing the Property, Petitioner shall cause the Property to be zoned an Agricultural District (A-1). If the Property is not so zoned, 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 part of the Property. -4- W WMWV2cal itstatc\349,004-HMW 0-23-2021 1444 HMS 6102021 121 VIll W,Idhorsc Anncxohun Aµrecmcnl Draft 5-14-21 W All And Signature Page Changes(City Of Pueblo V-6-22-2021).Dr= 2264837 02/15/2022 03:38:04 PM Page: 5 of 28 R 148.00 D 0.00 1148.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co MIA 111111 (2) For any land use that is not a permitted use in the Agricultural District (A-1) or is allowed upon the approval and issuance of a special use permit by the Zoning Board of Appeals, 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 part of the Property until after that portion of the Property is zoned into the land use classification most nearly corresponding to the land use classification identified in the Pueblo Regional Comprehensive Development Plan, as amended. (3) 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. (4) An application to rezone the Property may be filed at any time after the petition for annexation has been found to be valid in accordance with the provisions of§31-12-107, C.R.S. The Planning and Zoning Commission may hear the petition for zoning and make its recommendations thereon prior to annexing the Property, but the proposed zoning ordinance shall not be passed on final presentation prior to the date the ordinance annexing the Property is approved on final presentation. (5) 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 Pueblo 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 Pueblo 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 right-of-way for public uses and facilities necessary to serve the Property or required as a result of the development of the Property as determined by the City, in its sole discretion, including, but not limited to, sanitary and storm sewers, drainage ways and facilities, utilities, streets, roadways, trails, travel systems, parks and open space. The Petitioner at its expense shall timely construct and install all on-site improvements, and all offsite improvements as set forth in this Agreement (as well as those where an essential nexus exists between the offsite improvement and a legitimate government interest, and the cost of the improvement is roughly proportionate both in nature and extent to the impact of the proposed development of the Property), "that are necessary 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, trails, 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. -5- W\IIMIAARLal I(state\319511114-BMW 9 25-21121 Rcv Io liMS 6-10-2021 RI 10 Wddhor.Annes0uon Agreement Draft 5-14-21 W AH And Signature Page Changes(City Of Pueblo V-6-22-2021).Donis 2264837 02/15/2022 03:38:04 PM Page: 6 of 28 R 148.00 D 0.00 T 148.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co V. UTILITIES ■III CII11IJN�1��;�11a1t,4'14 �119J�I�r1�J'h.���� 'iif i YLYJ I III 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 less than 30,000 volts and all other overhead utilities within 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 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 reasonable satisfaction of the City. VIII. AMENDMENTS Amendments to this Annexation Agreement may only be made through formal petition to and approval by Ordinance of the City Council after such amendment has been submitted to and reviewed by the appropriate City Departments and such Departments have submitted their findings and recommendations to the City Council. All amendments to the Master Development Plan must be approved by the Planning and Zoning Commission after review and recommendation by the appropriate City Departments. IX. SEVERABILITY If any section, clause, or other provision of this Annexation Agreement is for any reason determined to be invalid or unenforceable by any court of competent jurisdiction,such determination shall not affect any of the remaining provisions of this Annexation Agreement. -6- W BM .., Mate 349,004-BMW 9 21-2021 Rev To BMS 0-30-2021 101W TO Wildhorse Anne,a ion A4roanent Draft 5-14-21 W AH And Signature Page Changes(City Of Pueblo V-6-22-2021).Docx 2264837 02/15/2022 03:38.04 PM Page: 7 of 28 R 148.00 D 0.00 T 148.00 Gilbert Ortiz Clerk/Recorder, Pueblo Cour,ty, Co X. VESTED RIGHTS 1111 ,:114 N41L"!�1' 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 (I) 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 prosecute 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§§29-20-201 to 29-20-204, C.R.S. -7- W u1MWVdoa1 ismm\749,001-HMW e-22-2021 ac,in 13MS 610-2021(I V to Wildhnrsc Anncxuion Agrccmcot Draft 5-14-21 W AH And Signature Page Changes(City Of Pueblo V-6-22-2021).Docx 2264337 02/15/2022 03:38:04 PM Page: 8 of 28 R 148.00 D 0.00 T 148.00 Gilbert Ortiz Clerk/Recorder. Pueblo County. Cc {II M1rrLgIkJ:141'l{I�uf'�N, 'r ,rI1Y�"LF,'��.11�4��, I!III XIV. SPECIAL IMPROVEMENTS AND DEDICATIONS AND SYSTEM DEVELOPMENT FEES 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 the system development fees described in Exhibit C attached hereto and incorporated herein. The improvements, dedications, and system developments 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: Mayor, City of Pueblo 1 City Hall Place, 2nd Floor Pueblo, CO 81003 (b) copy to: City Attorney 1 City Hall Place, 3rd Floor Pueblo, CO 81003 (c) if to the Petitioner: Warren Dean Wildhorse Land and Holdings, LLC P.O. Box 64140 Colorado Springs, CO 80962 (d) copies to: Michael Cuppy NorthStar Engineering and Surveying, Inc. 111 E. 5th Street Pueblo, CO 81003 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 -8- i49,(0)4-HMW v-23-2021 Ito%1 n IrMS 6-10-2021121:V II)Wddhorsu Annexaumi Agru.ment Draft 5-14-21 W AH And Signature Page Changes(City Of Pueblo V-6-22-2021).Dons 2264837 02/15/2022 03:38:04 PM Page: 9 of 28 R 148. 0.00 148.00 Gilbert Cr-ti2 C.ierk(Recorder00 D, PuebloT County, Co ■III kirdi l ini.v:,1144 I,111T;Teliki,1 prikilici, ii iii 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. CITY OF PUEBLO, a Municipal Corporation [ SEAL ] 7(adeo4ter<er"e444 By: Attest: Mayor City C //k: ,'RA\ �rrt 1. ':,,t(" rt "�� APPROVED AS TO FORM: `' t 1r16, i4 "..,� gyp,pxn-rr r^av ori�.,'�+ City Attorney ` + , N.1•4t PETITIONER: WILDHORSE LAND AND HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY: \/---.. By: Warren Dean Manager Attest: .-4(146 BY a-% -1.. G-,— Title .‘co -9- W:U3MWU2eel 6elete03495.004-13MW 0.23-2021 Res 1 o 33MS ea0-2021 RI V 10 Wlldhorse Annesalon Agreement Draft 5-14-21 W AH And Signature Page Changes(City Of Pueblo V-6-22-2021).Docx 2264837 02/15/2022 03:38:04 PM Page: 10 of 28 R 148.00 D 0.00 T 148 00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co STATE OF COLORADO ) ss. ■111 l�!F iN I,11iMr��'I rI I� +f'+ ,Pi ar'40 11111 COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 31 day ofua ; 2022, by Nicholas A. Gradisar as Mayor of the City of Pueblo and Marisa Stoller a City Clerk(/of Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission expires: /0 110 I [ SEAL ] EEiiene Tracey Sample3A4`-42 NOTARY RAW • STATE OF COLORADO . NOTARY ID/20074098010 MY COMMISSION EXPIRES 10110/2023 Notary Public STATE OF COLORADO ) ss. COUNTY OF EL PASO ) The foregoing instrument was acknowledged before me this SI 11 day ofjf�kr1K , 20 -',y by Warren Dean, as Manager of Wildhorse Land and Holdings, LLC, a Colorado nim ed liability company. Witness my hand and official seal. My commission expires: — Dle,— , - [ SEAL] LISA BISHAW ---- NOTARY PUBLIC Notary Pu.• - STATE OF COLORADO NOTARY ID 20024027657 My Commission Expires August 26,2022 -10- W:\BMW\Reel Elate\3495 004-I3MW 0-21-2021 Rev'1013MS 6-30-202 I REV 12)WIldhorse Annexation Apeement Draft 5-14-21 W AH And Signature Page Changes(Coy Of Pueblo V-6-22-2021).Door 2264837 02/15/2022 03:38:04 PM Page: 11 of 28 R 148.00 D 0.00 7 148.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co ■III FAI 411'.14110111.121C ' !NIMr11 Li, Ill II I Exhibit A AREA TO BE ANNEXED: WILDHORSE ANNEXATION 1 A portion of three parcels of land located in sections 9 and 10, Township 20 South, Range 65 West, of the 6th Principal Meridian in the County of Pueblo and State of Colorado, being more particularly described as follows: Commencing at the SE corner of the W '/2 of the E '/2 of the SW '/4 of said Section 10; Thence S89 degrees 10 minutes 16 seconds W, a distance of 612.25 feet to the point of beginning the present city limits line; thence N89 degrees 10 minutes 16 seconds E, a distance of 612.25 feet; thence NO1 degrees 40 minutes 27 seconds E,a distance of 2661.29 feet to the Northeast corner of the W 1/2 of E '/2 of the SW 'A of section 10; thence S 88 degrees 57 minutes 11 seconds W, along the said north line,a distance of 665.40 feet,to the Northwest corner of the W '/2 of the E '/2 of the SW '/4 of Section 10; thence SO degrees 0 minutes 0 seconds W, a distance of 1492.67 feet; thence N90 degrees 0 minutes 0 seconds W, a distance of 2318.65 feet; thence S 29 degrees 39 minutes 59 seconds E, a distance of 1269.12 feet to a point on the west line of the E '/2 of the E '/2 of the E '/2 of the SE 'A of said Section 9 and the north line of Colorado State Highway No. 50, and the present city limits line; thence S 88 degrees 08 minutes 38 seconds E, continuing along said City Limits line, a distance of 178.88 feet; thence N 77 degrees 48 minutes 53 seconds E, continuing along said City Limits line, a distance of 152.37 feet; thence N 77 degrees 32 minutes 17 seconds E, continuing along said City Limits line, a distance of 312.70 feet; thence N 67 degrees 53 minutes 08 seconds E, continuing along said City Limits line, a distance of 309.71 feet; thence N 10 degrees 48 minutes 11 seconds, continuing along said City Limits line, a distance of 460.12 feet; thence S 74 degrees 30 minutes 12 seconds E, continuing along said City Limits line, a distance of 441.31 feet;thence S 06 degrees 04 minutes 05 seconds E, continuing along said City Limits line, a distance of 385.19 feet; thence S 23 degrees 35 minutes 46 seconds E, continuing along said City Limits line, a distance of 141.19 feet; thence S 55 degrees 35 minutes 35 seconds E, continuing along said City Limits line, a distance of 166.17 feet to a point on the south line of W '/2 of the E '/2 of the SW '/4 of said section 10 and the point of beginning. Containing 80.40 acres, more or less. 2. PROPOSED NEW CITY LIMITS LINE: Commencing at the SE corner of the W '/2 of the E %2 of the SW '/4 of said Section 10; Thence S89 degrees 10 minutes 16 seconds W, a distance of 612.25 feet to the point of beginning the present city limits line; thence N89 degrees 10 minutes 16 seconds E, a distance of 612.25 feet; thence NO1 degrees 40 minutes 27 seconds E, a distance of 2661.29 feet to the Northeast corner of the W 1/2 of E %2 of the SW '/4 of section 10;thence S 88 degrees 57 minutes 11 seconds W, along the said north line,a distance of 665.40 feet,to the Northwest corner of the W '/2 of the E '/2 of the SW 1/4 of Section 10; thence SO degrees 0 minutes 0 seconds W, a distance of 1492.67 feet; thence N90 degrees 0 minutes 0 seconds W, a distance of 2318.65 feet; thence S 29 degrees 39 minutes 59 seconds E, a distance of 1269.12 feet to a point on the west line of the E %2 of the E %2 of the E '/2 of the SE '/4 of said Section 9 and the north line of Colorado State Highway No. 50, and the present city limits line. -11- W:\E3MW\Ree1 Feiate\7495004-HMW 0-23-2021 Rev To HMS 610-2021 RI'fo Wlidhoree Armes.n Agreement Draft 5-14-21 W All And Siy;nature Page Changes(City Of Pueblo V-6-22-2021).Docx 22648376g02/15/2022 03:38:04 PM Pane: 12 of Clerk/Recorder 8 rkPRe48 00 CP 0.00 7 10 �ta148,00Gilbnty 0 VIII ,Ir,� 110 ACK z IIIIII 3. CERTIFICATION OF PERIMETER: At least one-sixth of the boundary of the land described in paragraphs one (1) above, is now existing City Limits Line. WILDHORSE ANNEXATION 2 A portion of three Parcels of land located in sections 9 and 10, Township 20 South, Range 65 West, of the 6th Principal Meridian in the County of Pueblo and State of Colorado, being more particularly described as follows: Commencing at the SE corner of the W 1/2 of the E 1/2 of the SW 'A of said Section 10; thence NO l degrees 40 minutes 27 seconds E,a distance of 2661.29 feet to the Northeast corner of the W 1/2 of E '/2 of the SW 'A of the SW '/4 of section 10; thence S 88 degrees 57 minutes 11 seconds W, along the north line,a distance of 665.40 feet,to the Northwest corner of the W 1/2 of the E 1/2 of the SW 'A of Section 10 and point of beginning;thence S 89 degrees 54 minutes 17 seconds W, along the north line, a distance of 1331.50 feet,to the Northeast corner of the E ''/4 of section 9; thence S 89 degrees 58 minutes 22 seconds W, along the north line, a distance of 328.94 feet to the NW corner of the E 1/2 of the E 1/2 of the E 1/2 of the SE 'A of Section 9; thence S 0 degrees 40 minutes 42 seconds W, along the west line, a distance of 1258.29 feet to a point on a non-tangent curve, having a radius of 1019.00 feet, a radial line bears N 39 degrees 23 minutes 00 seconds E from said point; thence northwesterly along the arc of last said curve through a central angle of 14 degrees 18 minutes 07 seconds, a distance of 254.36 feet; thence N 36 degrees 19 minutes 40 seconds W, tangent to last said curve, a distance of 1258.29 feet, to a point on the north line of the SE 'A of said Section 9; thence N 89 degrees 58 minutes 03 seconds W, along said north line, a distance of 991.15 feet to a point on the center line of the Kansas and Colorado Railroad abandoned right of way; thence N 42 degrees 46 feet 50 seconds, along said center line,distance of 187.77 feet to the beginning of a curve to the right having a radius of 5864.93 feet; thence northwesterly, continuing along said center line, along the arc of said curve,through a central angle of 11 degrees 29 minutes 01 seconds, a distance of 574.22 feet; thence N 31 degrees 39 minutes 05 seconds W continuing along said center line a distance of 26.62 feet; thence S 02 degrees 50 minutes 55 seconds W, leaving said center line, a distance of 379.17 feet; thence S 11 degrees 18 minutes 19 seconds E, a distance of 290.71 feet; thence S25 degrees 46 minutes 13 seconds E, a distance of 494.36 feet; thence S 74 degrees 06 minutes 44 seconds E, a distance of 738.34 feet; thence S 45 degrees 34 minutes 43 seconds E, a distance of 1107.74 feet to the present city limits line; thence N 90 degrees 0 minutes 0 seconds E continuing along said city limits line, a distance of 2318.65 feet; thence N 0 degrees 0 minutes 0 seconds W,continuing along said city limits line,a distance of 1492.67 feet to the point of beginning. Said parcels contain 98.98 acres, more or less. 2. PROPOSED NEW CITY LIMITS LINE: Commencing at the SE corner of the W 1/2 of the E 1/2 of the SW 'A of said Section 10; thence NO 1 degrees 40 minutes 27 seconds E, a distance of 2661.29 feet to the Northeast corner of the W 1/2 of E 1/2 of the SW 'A of the SW 'A of section 10; thence S 88 degrees 57 minutes 11 seconds W, along the north line, a distance of 665.40 feet,to the Northwest corner of the W '/2 of the E 1/2 of the SW '/4 of Section 10 and point of beginning;thence S 89 degrees 54 minutes 17 seconds W, along the north -12- W:\BMW\Real L late\3495.004-13MW 9-20-2021 Rev'I HMS 6-30-2021 R1 TO Wldhorso Annexation Agt cement Draft 5-14-21 W AH And Signature Page Changes(Coy Of Pueblo V-6-22-2021).Docx 2264837 02/13/2022 03:38:04 PCI Page: 13 of 28 R 148,00 D 0.00 T 148.00 Gi.fber'. Ortiz Cle'-kfRecorder, Pueblo Counts/ Co 1111114�i11.1r � N. ��L` Irii��r�Lc�'i �+Wit hitt rill ret14, 11111 line, a distance of 1331.50 feet,to the Northeast corner of the E ''/4 of section 9; thence S 89 degrees 58 minutes 22 seconds W, along the north line, a distance of 328.94 feet to the NW corner of the E '/2 of the E 1/2 of the E 1/2 of the SE '/4 of Section 9; thence S 0 degrees 40 minutes 42 seconds W, along the west line, a distance of 1258.29 feet to a point on a non-tangent curve, having a radius of 1019.00 feet, a radial line bears N 39 degrees 23 minutes 00 seconds E from said point; thence northwesterly along the arc of last said curve through a central angle of 14 degrees 18 minutes 07 seconds, a distance of 254.36 feet; thence N 36 degrees 19 minutes 40 seconds W, tangent to last said curve, a distance of 1258.29 feet, to a point on the north line of the SE '/4 of said Section 9; thence N 89 degrees 58 minutes 03 seconds W, along said north line, a distance of 991.15 feet to a point on the center line of the Kansas and Colorado Railroad abandoned right of way; thence N 42 degrees 46 feet 50 seconds,along said center line,distance of 187.77 feet to the beginning of a curve to the right having a radius of 5864.93 feet; thence northwesterly, continuing along said center line, along the arc of said curve,through a central angle of 11 degrees 29 minutes 01 seconds, a distance of 574.22 feet; thence N 31 degrees 39 minutes 05 seconds W continuing along said center line a distance of 26.62 feet; thence S 02 degrees 50 minutes 55 seconds W, leaving said center line, a distance of 379.17 feet; thence S 11 degrees 18 minutes 19 seconds E, a distance of 290.71 feet; thence S25 degrees 46 minutes 13 seconds E, a distance of 494.36 feet; thence S 74 degrees 06 minutes 44 seconds E, a distance of 738.34 feet; thence S 45 degrees 34 minutes 43 seconds E, a distance of 1107.74 feet to the present city limits line; 3. CERTIFICATION OF PERIMETER: At least one-sixth of the boundary of the land described in paragraphs one(1)above, is now existing City Limits Line. -13- W.03MWUReal Estate lt499004-HMW 9-21-2021 Rev I HMS 6-10-202 I REV 10 WIIdhorea Annesalion AQ.roemerrl Draft 5-14-21 W AH And Signature Page Changes(City Of Pueblo V-6-22-2021).Doox EXHIBIT B None 2264837 02/15/2022 03:38:04 PM PagE: 14 of 28 R 148.00 D 0.00 T 148.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1111 Mira K',0101:1ON 11011100k 1kiiilr'llitwiiilli 11 11 1 -14- W\BMWMeal R tme\3495 004-HMW 0-23-2021 Rev 70 HMS 6-30-2021 REV TO Wildhorse Annexation Agreement Draft 5-14-21 W AH And Signature Page Changes(City Of Pueblo V-6-22-2021).Docx 2264837 02/15/20222 03:38:04 PM Page: 15 of 28 R 148.00 D 0.00 T 148.00 Gilbert Ortiz Clerk/Recorder, Pueblo Courts, Co 101 Nrani$11.X114.111414IKM,11&N:1I I1110 k77 P.1,T.l i,l), 1I 111 EXHIBIT C SPECIAL IMPROVEMENTS AND DEDICATIONS WILDHORSE ANNEXATION (A-20-04) ANNEXATION AGREEMENT 1. Off-Site Roadways In compliance with the latest version of the Pueblo Area Council of Governments Long Range Transportation Plan, the City of Pueblo will identify for the Petitioner the alignment of off-site expressways, arterials, and collectors, which provide connectivity to the Property. Petitioner will cause all local roadways within the Property to connect with all adjoining publicly dedicated local roadways. 2. Roadway Design, Alignment and Accesses to Property The primary existing roadway accesses to the Property, shown on the attached Exhibit C-1, are from Pueblo Boulevard and Wildhorse Road which are described in paragraphs a and b below. Future roadway network connectivity with the Property may be provided via a future extension of Industrial Boulevard from Pueblo West Municipal District and is described in paragraph c below. a. Pueblo Boulevard. Pueblo Boulevard extending from the southern boundary of the Property to the northern boundary of the Property shall be designed to accommodate the NR-C Non- Rural Arterial standards, as described and shown on Exhibit C-5,with a one hundred fifty (150)foot right-of-way, with full movement intersection spacing as shown on the attached Land Use Plan, Exhibit C-2, and shall be accepted by the City as a City street. The one hundred fifty (150) foot right-of-way may be expanded to no greater than a maximum of one hundred seventy-five(175)feet in specific roadway segments if the traffic study results warrant additional width. The right-of-way will include sufficient width for a center median which allows for the installation of full movement -15- w 313MW31Re4l 1srete\3495.004-/BMW 9-23-2021 Rev 10 I3Ms 6-30-2021 RFV 10 Wildhorse Annermion Apzemem Draft 5-14-21 W All And Signature Page Changes(City Of Pueblo V-6-22-2021).Docx 2264837 02/15/2022 03:38:04 PM Page: 16 cf 28 R 148.00 D 0.00 T 148 00 Gilbert Orli; Clerk/Recorder, Pueblo 1County, Co ■1!I kirjr+ N�as!1, ;L�!�1� 'F�n Il����:i7��1c1 IV, Il l!! turn lanes and intersections. A development plan providing for the general phasing of the construction of Pueblo Boulevard is included in Petitioner's Traffic Study. Provisions for the phased roadway development plan for Pueblo Boulevard shall also be included within any Subdivision Improvement Agreement pertaining to the future subdivisions within the Property. b. Wildhorse Road. Wildhorse Road's proposed alignment from the north-western boundary of the Property to the intersection with Pueblo Boulevard shall be designed as a Mixed- Use Collector roadway with an eighty (80)foot right-of-way. The eighty(80)foot right-of-way may be expanded to no greater than a maximum of one hundred ten (110) feet in specific roadway segments if the traffic study results warrant additional width. Wildhorse Road is currently constructed with a 24 foot wide asphalt roadway within a right-of-way that varies between 40 feet and 80 feet. Any extension of Wildhorse Road from Pueblo Boulevard toward the eastern boundary of the Property shall be determined in connection with the development of Areas PA-1 and PA-2 as shown on the approved Land Use Plan. A development plan providing for the general phasing of the construction of Wildhorse Road is included in Petitioner's Traffic Study. Provisions for the phased roadway development plan for Wildhorse Road shall also be included within any Subdivision Improvement Agreement pertaining to the future subdivisions within the Property. c. Industrial Boulevard(future extension). Industrial Boulevard is an existing roadway in Pueblo West that predominantly runs parallel to US Highway 50 West and currently extends from the western boundary of the Pueblo West Metropolitan District,just west of Clintwood Drive, east approximately 4.5-miles to the intersection with Vineyard Drive. The dedicated right-of-way for Industrial Boulevard ends on the west side of Williams Creek approximately 1,300 feet west of the boundary of the Property. Road improvement plans for the Property shall include reserving an eighty (80) foot right-of-way to accommodate the future expansion of Industrial Boulevard east to -16- w_a3MW\teal Gsmt03495004-BMW 9 23 2021 Rnr To RMS 6-30-2021 RI V 10 Wddhorse Ann.inion AgLecmcnt Draft 5-14-21 W All And Signature Page Changes(City Of Pueblo V-6-22-2021).Docx 2264837 02/15/2022 03:38:04 PM ?age: 17 of 28 R 148.00 D 0.00 T 148.00 Gilbert Ortiz Jerk/P,eoorder; pueblo. GC Hilt Co II1IINYI OLCNii 11:611) b 4Iti411S111iniyII III Wildhorse Road, extended to provide transportation network connectivity between Pueblo West and the Property. A development plan providing for dedication of the reserved right-of-way for Industrial Boulevard upon Industrial Boulevard being extended to the west boundary of the Property shall be drafted by the Petitioner. The development plan shall be based on projected development and anticipated traffic and safety considerations and shall be approved by the Director of Public Works. Provisions for the phased roadway development plan for the proposed roadway shall also be included within any Subdivision Improvement Agreement pertaining to the future subdivisions within the Property. All Road Improvements will be constructed in conjunction with the development of each Planning Area shown on attached Exhibit C-2 and as otherwise provided in the Annexation Agreement. All such roadways shall be designed and aligned in accordance with the 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 designs and plans shall be approved by the Director of Public Works. Petitioner acknowledges and agrees that, if Petitioner fails to construct the Roadway Improvements as herein agreed or defaults on any other provision of this Exhibit C or the Annexation Agreement,the City shall have all legal remedies available at law or in equity to enforce Petitioner's construction obligation and any other obligations including but not limited to a legal action against Petitioner for breach of contract and/or default on an indebtedness. In addition, and as set forth elsewhere in the Annexation Agreement, the City may withhold building permits, occupancy permits,subdivision approvals,zoning approvals and all other governmental grants of authority until such time as Petitioner shall have cured any default in performance under Exhibit C or the Annexation Agreement as a whole. -17- W.\HMW\Real h000\3495004-BMW 9.23-2021 Res-'rn HMS 6.30-2021 REV TO WIldhorse Annexation Agreemno Draft 5-14-2I W AH And Signature Page Changes(City Of Pueblo V-6-22-2021).Docx 2264837 02/15/2022 03:38.04 PM Paye: 18 of 28 R 148.00 D 0.021 T 14800 Gilbert Ortiz C.lerk'Recorder, Pueh'1Jo County, Co 1111 :r l�ail��'L �l�4�lk'��! 1��1 ttiVI G'I hit), 11111 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 completed within one hundred (180) days after the adjacent portion of the Property is subdivided. The on-site roadway right-of-way reservation for Industrial Boulevard required to be dedicated by Petitioner is in excess of what would be required just to serve development of the Property, and is intended to be part of a planned regional transportation network. Consequently, in consideration for the reservation of said right-of-way, Petitioner shall not be required to contribute to the construction of any off-site transportation infrastructure for the connection of Industrial Boulevard to the Property. 3. Off-Site Roadway and Sanitary Sewer Right-of-Way Acquisition If not already dedicated to the public or deeded to the City, it will be the Petitioner's responsibility, at its sole cost and expense, to dedicate to the public or deed to the City, by warranty deed any off-site sanitary sewer rights-of-way to connect from a point on the City's existing sanitary sewer system or off-site roadway rights-of-way to comply with primary roadway and secondary access requirements in widths and alignments acceptable to the Director of Public Works and any required rights-of-way for stormwater flow and/or detention/retention facilities. If Petitioner, after good faith efforts, is not able to acquire from the property owners off-site sanitary sewer, off-site roadway rights-of-way and/or stormwater rights-of-way in alignments acceptable to the City, the City will, to the extent legally authorized, exercise its power of eminent domain to acquire the off-site sanitary sewer and/or off-site roadway rights-of-way. Petitioner shall be responsible for and shall pay all compensation for the land taken; damages, if any, to the residue of the owner's property, relocation assistance and costs, if any, and all other costs and expenses of condemnation, including,without limitation, appraisals,title insurance, engineering, expert witness, -18- W \3495.004-13MW 9-23-202 I Rur 1 FIM`,610-2021 RI3V 10 Wildhoroe AamexaIun Agraumon1 Draft 5-14-21 W AH And Signature Page Changes(City Of Pueblo V-6-22-2021)-Docx 2264837 02/15/2022 03:38:04 PM Pagge: 1.9 0I 28 R 148.00 Ll 0.00 T 148.00 Gilham Ortiz Glerk/Revorder. Pueblo Ccun:y, Cu wlll ild 4111101l,.10,t iit K '1r w it hi ITlII II and attorney costs and fees ("Condemnation Costs"). Petitioner 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 therefor. If Petitioner fails to exercise good faith in acquiring the off-site sanitary sewer, or off-site roadway rights-of-way and/or off-site stormwater rights-of-way or fails to timely pay the estimate of Condemnation Costs or the balance of Condemnation Costs, City may refuse to approve the issuance of building permits to construct structures or buildings within the Property. 4. Sanitary Sewer If not already installed, an 18' diameter sanitary sewer main extending east from Manhole No. 406397.7 (104°39'17.32" W 38°18'40.38" N) crossing Wildhorse Creek to the junction of the two 18" lines to the southern boundary of the Southern Colorado Clinic Annexation property shall be designed and installed by Petitioner. Additionally, Petitioner will design and install a 21" line from the junction of the two 18" lines to the southern boundary of the Southern Colorado Clinic Annexation to connect with the City's new 21" line (collectively, the "South Extension"). The two sewer mains shall be designed and installed in a location and alignment approved by the Director of Wastewater. Such additional sewer lines and mains shall be installed as part of the public improvements required for subdivisions within the Property as determined by the Director of Wastewater. Petitioner will be entitled to cost recovery for the South Extension, as provided by Pueblo Municipal Code based on the acreage of other users' property utilizing the South Extension compared to the total acreage of land which could be served by the South Extension, payable upon a building permit being issued to such other users. The Director of Wastewater will verify the acreage utilized by such other users submitted by the Developer. -19- W.\OMwUteal!ante\3495.004-BMW 9-23-2021 Rev 10 HMS 6 10-2021 RFV 1(41)/161601w Annenuiion AVoumem Draft 5-14-21 W AH And Signature Page Changes(City Of Pueblo V-6-22-2021).Docx 2264837 02/15/2022 03:38'04 PM Page. 20 of 28 R 148.00 D 0.00 T 148.00 Gilbert Ortiz Clerk/Recorder- Pueblo County, Co VIII PAPIll.ak: r IrilfliiI l 'IMA1JI11411.4l 11 111 The City shall install the 21"sanitary sewer line at its cost and expense extending from the southern boundary of the Southern Colorado Clinic Annexation Property within the following easements granted to the City that extend south to Manhole No. 415823.4 (104°38'57.22"W 38°17'40.43"N) as shown on attached Exhibit C-3: a. Easement granted by YMCA Community Campus, LLC, dated April 24, 2017 and recorded on June 14, 2017, Reception No. 2073123 in the office of the Pueblo County Clerk and Recorder. b. Easement granted by Glenn H. Kittinger,Trustee of the Glenn H. Kittinger Trust,and Betty J. Kittinger, Trustee of the Betty J. Kittinger Trust, dated June 26, 2015 and recorded on June 14, 2017, Reception No. 2073119 in the office of the Pueblo County Clerk and Recorder. c. Easement granted by Elaine R. Hayes and Bryan G. Ruberson as Trustees of the Emma Ruberson Bamber Revocable Trust, dated May 26, 2015 and recorded on June 14, 2017, Reception No. 2073121 in the office of the Pueblo County Clerk and Recorder. The installation of the 21"diameter sanitary sewer main by the City shall be initiated and completed within a 24-month period of time following the final approval of the redesign of the sanitary sewer line from an 18"to a 21"diameter,paid for by Petitioner,extending from the southern boundary of the Southern Colorado Clinic Annexation Property to Manhole No. 415823.4 (104°38'57.22"W 38°17'40.43"N) as shown on attached Exhibit C-3 paid by the Petitioner. Until the portion of 21"diameter sanitary sewer main from MH 415823.4(104°38'57.22"W 38°17'40.43"N) to the southern boundary of the Southern Colorado Clinic Annexation Property is completed by the City, Petitioner may connect, on a temporary basis, to the existing sanitary sewer main at Manhole No. 406397.7 (104°39'17.32"W 38°18'40.38"N) as shown on Exhibit C-3 to provide a sanitary sewer connection for the Property. Upon the completion of the 21" diameter main by the City described above, Petitioner will -20- W\0MW\Reel Estate v3495.004-HMW 9-23-2021 Res Co HMS 0-30-2021 REV 10 Wildhorxe Annonanon Agreement Draft 5-14-21 W AH And Signature Page Changes(City Of Pueblo V-6-22-2021).Docx 2264837 02/15/2022 03:38:04 PM Page 21 ot 28 R 148.00 D 0 00 T 148.00 Ci lherr+. Or.iz Clel^k(Reccordeerr, Pueblo County Cr * ` ®III MIMEO' hll�(II� P"Yi f I�i� ��l��l il'SI�iIfI II 1 be required to construct the main to direct the flow to the 21" diameter main within 180 days from the first building permit or the next building permit if building permit(s) have been issued and the temporary sanitary sewer connection is utilized. The temporary sanitary sewer connection will no longer be allowed to be utilized once the main line connection is completed on or before the 180- day period. Petitioner may request and extension to the timeframe for the temporary connection that may be approved by the Director of Wastewater. 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 facilities 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. 6. Landscaping Setback Areas Within Public Rights-of-Way In accordance with Section 17-4-7 (3) (a) 3. of the Pueblo Municipal Code — Landscape Performance Standards, Landscape Setback Area, the Petitioner shall be allowed to extend the -21- W VBMW\Real Halalet349i 004-I3MW e-23-2021 Re.To CIMS 6-30-2021 REV 10 Wildhoroe Amu.emion Agreement Draft 5-14-21 W AH And Signature Page Changes(City Of Pueblo V-6-22-2021)-Docx 2264837 02/152022 03:38:04 PM Page: 22 of 28 R 148.00 D 0.00 T 148.00 Gilbert Ortiz Clerk/Recd^der. Pueblo County, Cc 1II31!� �I+uligIlltNal Ill r ii landscape requirements into the public rights-of-way, or portions thereof, in a manner that meets the general intent of this section of the Pueblo Municipal Code. 7. Recreational Trail Right-of-Way Dedication Within one hundred eighty (180) days following the issuance of the first building permit within Planning Area PA-2A, Petitioner shall dedicate a 20' wide recreational trail right-of-way along the east bank of the Wildhorse Creek Arroyo as generally shown on attached Exhibit C-4 and will record a memorandum applicable to all the Property to the east of this trail right-of-way requiring the then owner of such Property to construct a recreational trail with 7"thick concrete at a width of 12' upon this trail right-of-way being connected to the City's offsite trail system. The right- of-way shall be located outside the prudent line setback of the 100-year flood plain paralleling the arroyo. If previously dedicated, the alignment of the trail right-of-way shall align with other trail rights-of-way along the east bank of the Wildhorse Creek Arroyo dedicated to the City north or south of the boundary of the annexation and shall be in an alignment acceptable to the Director of Parks and Recreation. The Petitioner shall be responsible for all costs incurred for the dedication of the trail right-of-way and the then owner of the portion of the Property to the east of the right-of-way shall be responsible for construction of the recreational trail as provided above. -22- W\I3MWUtwI Esmte\3495.004-BMW 9-23.2021 Rev b OMs 0-30-2021 REV TO Wddhmxc Annss Den Agreement Draft 5-14-21 W AH And Signature Page Changes(City Of Pueblo V-6-22-2021).Docx 2264837 02/15/2022 03:38:04 PM Page. 23 of 28 R 148.00 D 0.00 T 148.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Ccs! WW `` I ill '�i1�i" i dli iLYd 1i I111i1*IAI:Ri f il'i'i{I 11111 1 EXHIBIT C-1 i k, 1 ., Wildhorse Annexation ,i Roadway Alignments and Classifications -. a {_ ._,t„`.-i' rib + i 1 r i. A,"' • • ''0 r 4• It1 Or r � 1 �o rr•••r■•■r ' r■• •ter a r •r • IP • f 5 II 44m 2 • 4•.4 = A 0 44 1 ! it % Id II• - a I �„•;, _ 0 •• 1 1 r • r N ~`` Hwy 50 ......,. ,U. .., Legend I a r liWidhors,Annexation I -' O Ns ■nNSr Pueblo Blvd Extension-NRC Non-Rural/vimrk l Ii av _I �` —Widhorse Road-MOW Use Collector ` # f 1 1 sDunnAve-Local ; 1t ,,' — L�City Limits / 47 i Exhibit C-1 ' tea.Mit t - -- -23- W IBMW\Real Estate\3495.004-BMW 9-23-2021 Rev To BMS 6-30-2021 REV TO Wildhorse Annexation Agreement Draft 5-14-21 W AH And Signature Page Changes(City Of Pueblo V-6-22-2021).Docx 2264837 02/15/2022 03:38:04 PM Pagge 24 of 28 R 148.00 D 0.00 T 143.00 Filbert. 0rtlz C1e-k/Recorder. Pueh10 County, Co INFiraNVIKi�411 �lil,�t0ka,lifail Fi I fiNeiri litiiii II III EXHIBIT C-2 p . 0( e to,i "3 Y tot IL ,!' r k1 fir r • ., t' _ cn .� a) � o a a : - ¢ m t in cN1cc nSg� 4 c 3 I r�' f el m t5 C tQ 1 i n c 'm . c� m CO t t t ii Y c o ii1 ✓.'� a� � 9_It:-. / d w. c a a m :0111F" il: 11 -11i § Il �wy� �e � * 1— c to iv • i ' ' it 3 - 111110I010110I01a111U1I01 r . 01111011111111111101110101 g.i ,,a01[1uI110 101010001 1101 .,.. 1*-E g N. 1;3° . • JPIIIHMMIMIflI raruru�ll� :; -24- W.\BMVARea1 Estate\3495.004-BMW 9-23-2021 Rev 1o BMS 6-30-2021 REV TO Wildhorse Annexation Agreement Draft 5-14-21 W AH And Signature Page Changes(City Of Pueblo V-6-22-2021).Docx 2264837 02/15/2022 03:38:04 P11 Page. 25 of 28 R 148.00 D 0.00 T 148.00 Gilbert Ortiz ClerklRecorder, Pueblo County, Co BP Pr ,rNIIM4 Mt:t1'Nrl IL'11710rL111h;U1iNtriikiii Ill!II EXHIBIT C-3 \ il:t-, 0Wildhorse Annexation 1 Off-Site Wastewater Plan I NR`�H t. �_ J err WHWY500 " ,.. '9 1,C 1 t l I ~ H' 1'Ys� i ,,� NEWCASTLE R. S .`�""�.;, jtli_,-1i�•� �, -- �/�;i, CROWNRIDGE'DR` A. • ,o _� \ Wus �. i / Hwy --- FARKER BLvD�`r�• . ` - ���= 'i f /l ' 406397.7 tl, I I ,- , . . i KACHINA DR { - 1 i I1 SANCHEZLN ( 1 11 . 1 � 1 m � V1 _ I" , > p 1 -7 t W , i � 4, 1 4 �. Legend "; w r 1 a El City Wastewater Line Installation 1 % g I O ` Ell SC Clinic Annexation + _ _w - i 3 "_W 29TH ST< Parker Blvd sewer extension 1 w 1 CDOT Existing WW Line ; I -rr \04. 1iim 28TH=ST Wildhorse Annexation '--" rl '''* ---. " I , `i 1 TT-7w 27TH ST ti ' '' y ' Exhibit C-3 Frrl 415823 4 Y -25- w:IBMWIReaI Eeme\3493.004-BMW 9-23-2021 Rev To BMS 6.30.2021 REV TO Wildhorse Annexation Agreement Draft 5-14-21 W AH And Signature Page Changes(City Of Pueblo V-6-22-2021).Docx 2264837 02/15/2022 03:38:04 PM Page: 26 of 28 R 148.00 D 0.00 T 148.00 Gilbert Ortiz Clerk/Recorder. Pueblo County Co ■III raNill+ill`' 'I4t1411K1411,!1/4'i Ii.V.11111!1/4Y 'kii II II EXHIBIT C-4 , t Wildhorse Annexation s it Trail Right-of-Way Alignment ; :* i~r qty • SY r 1 11 1 044 1 944,404o 0011Iv 0► % 40 lok 1,4 Isew 1i sit 11 ma rmei mil • `` isr fa 4... �� Trail i la Location im , o 4 \I ,i �. 1 •1 ``ms.r ''---._S 'wY Sow i co Legend I •e,se_ els Iwo PACOG_2040_ProposedTraiis I 'J j limn i i i Wildhorse Annexation N J e L 1 City limits / .- ill/s a°° Exhlibit C-4 4. qr . . -26- W9BMWIRee1 Estate3495 -BMW 9.23-2021 Rev To BMS 6.30.2021 REV TO Wildhoree Annexation Agreement Draft 5-14-21 W AH And Signature Page Changes(City Of Pueblo V-6-22-2021).Docx EXHIBIT C-5 NON-RURAL ARTERIAL ROADWAY DESIGN CRITERIA FOR EXTENSION OF PUEBLO BOULEVARD NORTH OF U.S. HIGHWAY 50 Non-Rural Arterial Land Use Mixed Use Function Provides for continuous traffic movement connecting � neighborhoods, areas, and regional features at higher speeds NI with limited access aiii Speed Limit 35 to 55 mph a Roadway Width 80' (4-Lane)to 94' (6 Lane) measured from flowline 6L ROW 150' minimum A r_- The dedication of additional ROW at intersections may be F s required for auxiliary lanes or other roadway appurtenances £8 am Median All arterials are divided roadways . a.@ o Off-Street Parking Adjacent properties must comply with zone district regulations •Qa_le Sidewalk 6' minimum detached sidewalk or approved off road trail ©,Mme connection N9* - d Road Segment Length 1320' before intersection with another street(4-Way). Points of rgre. access must be approved by City Director of Public Works or neo Traffic Engineer and the Colorado Department of Transportation .-.N,.,N�.•„ '-- when roadway is classified as a State Highway 0r , Emergency Access Must retain a 20' clearance for emergency vehicles N - . m ro da AuxiliaryLanes Pursuant to design requirements approved by City Director of "o a,° = Public Works or Traffic Engineer and the Colorado Department of facle Transportation when roadway is classified as a State Highway Roadway Design Standards Additional design standards pursuant to City Roadway Classification Design Standards and Policies ti 150'MIN I 1 1 Q Z W N U W U 8 ty� cv as W ZZ zg W W eN W Q _Q IrIrJr4r ttl1 -27- W:tBMW3Real Eatate33495.004-BMW 9-23-2021 Rev To BMS 6-30-2021 REV TO Wildhorse Annexation Agreement Draft 5-14-21 W AH And Signature Page Changes(City Of Pueblo V-6-22-2021).Docx Non-Rural Arterial Pueblo Boulevard Extension Typical Cross-Section (Six Lane) Roadway Classification Non-Rural Arterial Right of Way(ROW)Width 150'* Roadway width(FL to FL) 80'(4 Lane)—94'(6 Lane) Median Width 20' Number of Travel Lanes 4 (interim)—6(ultimate) Left Turn Lanes Required Y(at access) Right turn Lanes Required Y(at access) Designated Shoulder/Bike N Shoulder/Bike Lane Width(including None gutter) On-Street Parking Lane Width None Off-Street Parking Requirements Per Zoning Code Minimum Sidewalk Width 6' Sidewalk(Attached or Detached) D Minimum Landscape Tree Yard 10' Posted Speed Limit,mph 35**-55 Design Speed Limit,mph 60 Access Limited—City Standards, COOT Access Code Driveway Configuration Radius Curb Type(Vertical or Ramp) V Minimum Distance Between "T"—400' Intersections 4-WAY-1320' Maximum Distance Between 2640' Intersections Maximum Cul-de-sac Length Not Allowed Minimum Centerline Radius 1235'w/normal crown orAASHTO General Land Uses All Areas *The dedication of additional ROW at intersections may be required for auxiliary lanes or other roadway appurtenances. **Lower posted speed limit at intersection approach or on roadway segment as approved by City Director of Public Works. 2254837 02/15/2022 03:38:04 PM Page: 28 of 28 R 148.00 D 0 00 T 148.00 Gilbert Ortiz Clerk/Recorder Pueblo County Co SII! RIFIMPV11111110115,11ter �l�� ��JIP�,�I■I'ff��lll II!!! -28- W:\BMWVteal Estate!3495.004-BMW 9-23-2021 Rev To BMS 6-30-2021 REV TO W.Idhorse Annexation Agreement Draft 5-14-21 W AH And Signature Page Changes(City Of Pueblo V-6-22-2021).Docx