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HomeMy WebLinkAbout10335Reception 2299719 12/21/2022 10.08:09 AM ORDINANCE NO. 10335 AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE RESTATED ANNEXATION AGREEMENT FOR THE AREA COMMONLY KNOWN AS THE NORTH VISTA ANNEXATION DESCRIBED AS LAND NORTH OF VISION HILLS PARKWAY AND WEST OF TROY AVENUE WHEREAS, pursuant to Resolution No. 13916 of the Pueblo City Council a Restated Annexation Agreement dated March 12, 2018, and recorded with the Pueblo County Clerk and Recorder on March 29, 2018, at Reception No. 2100918 ("Annexation Agreement") was entered into by and between the City of Pueblo, a municipal corporation, (the "City"), and BLH Properties, LLC, a Colorado limited liability company, Pete Urenda a/k/a Albert Pete Urenda, and Home Town Finance Co., a/k/a The Hometown Finance Co., a Colorado corporation, collectively referred to as "Petitioners" as owners of the real property described of the Annexation Agreement; and, WHEREAS, pursuant to Resolution No. 14739 of the Pueblo City Council the First Amendment to the Restated Annexation Agreement dated March 12, 2018, and recorded with the Pueblo County Clerk and Recorder on October 28, 2021, at Reception No. 2250175 ("First Amendment to the Annexation Agreement") was entered into by and between the City of Pueblo, a municipal corporation, (the "City"), and Pueblo Heights LLC, a Colorado limited liability company ("Pueblo Heights") referred to as "Petitioner" as owner of the real property described of the Annexation Agreement; and, WHEREAS, Pueblo Heights consented to and approved the Annexation Agreement and is the successor-in-title to Petitioners' interest in the Property which remains subject to the Restated Annexation Agreement and the First Amendment to the Annexation Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Second Amendment to the Restated Annexation Agreement, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute said Second Amendment to the North Vista Restated Annexation Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest to the same. SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. 2299719 1.2/2112022 10:08.09 AM Page' 20r° of 4 18 00 DP 41 00 T1 Gilbert Cr: 22(;irr iRecorde.r, Pueblo C18ount0 y, Co SII!PediliViii'a 'IlF r l' f r . r ,IIII SECTION 4. This Ordinance shall become effective immediately upon final action by the Mayor, City Council and upon Petitioner executing an Agreement approving the Second Amendment to the Restated Annexation Agreement set forth in Section 1 and ratifying and confirming the Second Amendment to the Annexation Agreement which will thereafter be recorded by the City Clerk in the records of the Pueblo County Clerk and Recorder. Action by City Council: Introduced and initial adoption of Ordinance by City Council on November 14, 2022. Final adoption of Ordinance by City Council on November 28, 2022 I President of ity Council Action by the Mayor; Approved on j;—c—p? ❑ Disapproved on based on the following objections: ayor Action by City Council After Disapproval by the Mayor: ❑ Council did not act to override the Mayor's veto. O Ordinance re-adopted on a vote of , on ❑ Council action on failed to override the Mayor's veto. President of City Council ATTEST City C City Clerk's Office Item # R9 Background Paper for Proposed Ordinance November 14, 2022 COUNCIL MEETING DATE: TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE RESTATED ANNEXATION AGREEMENT FOR THE AREA COMMONLY KNOWN AS THE NORTH VISTA ANNEXATION DESCRIBED AS LAND NORTH OF VISION HILLS PARKWAY AND WEST OF TROY AVENUE SUMMARY: This Ordinance approves the second amendment to the Restated North Vista Annexation Agreement that was adopted by Resolution No. 13916 on March 12, 2018. The first amendment to the Restated Annexation Agreement was adopted by Resolution No. 14739 on October 25, 2021. The proposed amendment requires the Petitioner to expand and enlarge the main sanitary sewer lines in Jerry Murphy Road between Candytuft Boulevard and Vision Hills Parkway and within Castor Drive north of Vision Hills Parkway which will allow for additional residential building permits to be issued prior to the extension of Jerry Murphy Road and the main sanitary sewer line to serve areas north of Home of Heroes Parkway. PREVIOUS COUNCIL ACTION: On April 13, 2009, by Ordinance No. 7996, City Council approved an Annexation and Annexation Agreement for the North Vista area containing 1172.09 acres. On March 12, 2018, by Resolution No. 13916, City Council approved a Restated Annexation Agreement for the North Vista Annexation. On October 25, 2021, by Resolution No. 14739, City Council approved the First Amendment to the Restated Annexation Agreement for the North Vista Annexation. BACKGROUND: This Ordinance approves the second amendment to the Restated Annexation Agreement (“Agreement”) between the City of Pueblo, a municipal corporation and Pueblo Heights LLC, a Colorado limited liability company (“Pueblo Heights”) related to the North Vista Annexation. The amended agreement provides for the following changes: 1. Exhibit C-1, Section 5 is deleted in its entirety and replaced as follows: 5. Construction of Offsite Sanitary Sewer. a. The Petitioner shall design and construct, at no cost to the City, within one hundred th eighty (180) days after the three hundredth (300) building permit is issued to construct any dwelling unit on the Property, an eighteen inch (18”) sanitary sewer main and all related facilities in Jerry Murphy Road from Candytuft Boulevard to Vision Hills Parkway. Petitioner must complete construction of the sanitary sewer improvements according to design and construction standards required by the City and the approved Sanitary Master Plan. Petitioner may apply for cost recovery for the off-site sanitary sewer improvements described above, pursuant to Section 16-5-5 of the Pueblo Municipal Code. b. The Petitioner shall design and construct, at no cost to the City, an eighteen inch (18”) sanitary sewer main from the south boundary of the Property within the right-of- way of Castor Drive connecting to the wastewater manhole located at the intersection of Castor Drive and Vision Hills Parkway. This improvement shall be completed prior st to the issuance of the one thousand three hundred and fifty-first (1,351) residential dwelling unit on the Property located south of Home of Heroes Parkway and east of the st drainage arroyo as shown on Exhibit A or prior to the one hundred and first (101) building permit for residential dwelling units that drain into the Caster Drive sanitary sewer main. Any damages to the roadways and other public improvements within the rights-of-ways of Caster Drive and Vision Hills Parkway shall be repaired, at no cost to the City. Petitioner must complete construction of the sanitary sewer improvements according to design and construction standards required by the City and the approved Sanitary Master Plan. c. Following the completion and acceptance by City of the sanitary sewer improvements in Section 5.a. and Section 5.b. above, the Petitioner shall be allowed a maximum of seventeenth hundred fifty (1,750) building permits for dwelling units located south of Home of Heroes Parkway and east of the drainage arroyo. Petitioner shall, at no cost to the City, be responsible for the design and construction of the sanitary sewer improvements within the right-of-way of Jerry Murphy Road from Vison Hills Parkway to the southern boundary of the Property according to design and construction standards required by the City and the approved Sanitary Master Plan. The design and construction of the sanitary sewer improvements shall be coordinated with the concurrent construction of Jerry Murphy Road and any associated drainage channel improvements identified in paragraph 6.b.(2) below. Petitioner may apply for cost recovery for the off-site sanitary sewer improvements described above, pursuant to Section 16-5-5 of the Pueblo Municipal Code. 2. Exhibit C-1, Section 6.b.(1) is deleted in its entirety and replaced as follows: 6. Construction of Road Improvements. b. Petitioner Roadway Construction of Jerry Murphy Road from Vision Hills Parkway to Future Home of Heroes Parkway completed by Petitioner 1. Petitioner shall, at no cost to the City, be responsible for the following roadway improvements in accordance with the following requirements: (a) Within one hundred eighty (180) days after the three hundredth (300th) building permit is issued to construct any dwelling unit on the Property, Petitioner shall be responsible for chip sealing Overton Road from Vision Hills Parkway northerly to the northern property line adjacent to Overton Road; and, (b) Within one hundred eighty (180) days after the issuance of the seventeenth hundred fifty-first (1,751st) building permit is issued to construct any dwelling unit on the Property, Petitioner shall be responsible to design and construct Jerry Murphy Road between the intersection of Vision Hills Parkway and Future Home of Heroes Parkway at no cost to the City, as a four lane, median divided, principal arterial roadway section. (c) Within one hundred eighty (180) days after the issuance of a building permit for any dwelling unit located north of Home of Heroes Parkway or west of the drainage arroyo as shown on Exhibit A, Petitioner shall be responsible to design and construct Jerry Murphy Road between the intersection of Vision Hills Parkway and Future Home of Heroes Parkway at no cost to the City, as a four lane, median divided, principal arterial roadway section. 3. Except as modified by this Second Amendment, the Restated Annexation Agreement, remains in full force and effect. FINANCIAL IMPLICATIONS: This Amendment to the Restated Annexation Agreement will not change the required payment of $6,500 for each dwelling unit that is collected at the issuance of all residential dwelling units for specific transportation improvements (Transportation Impact Fee) or for the Petitioner to make sanitary sewer main improvements to Jerry Murphy Road between Candytuft Boulevard and Vision Hills Parkway, and the upsize the sanitary sewer main in Castor Drive prior to the issuance of specific number of residential building permits on the Property. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: If City Council does not approve this Ordinance, the current Annexation Agreement will remain in effect. The current Restated Annexation Agreement requires the construction of a new sanitary sewer main and the northern extension of Jerry Murphy Road prior to st the 751 residential building permit being issued within the Property. The sanitary sewer and Jerry Murphy roadway extensions are not needed to serve approximately 1,750 residential units that could be constructed south of Home of Heroes Parkway and accessed from Vision Hills Parkway. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. 2nd Amendment to NV Restated Annexation Agreement 2. Recorded Amendment No. 1 to NV Restated Annexation Agreement 3. Recorded NV Restated Annexation Agreement 2299720 12✓21/2022 10:08:09 AM Page 1 fi R 38. 1? 0.00 T 38.00 Gilbey: Ortcfiz ;IerkiRecn00 de Pueblo Co.irity (.. 11111 Kral °'Ili 11 Iw 1ah°r '�P� IF.'1'4III SECOND AMENDMENT TO RESTATED ANNEXATION AGREEMENT Recitals A. Pursuant to Resolution of the Pueblo City Council as set forth in Resolution No. 13916, a Restated Annexation Agreement dated March 12, 2018, was recorded with the Pueblo County Clerk and Recorder on March 29, 2018, at Reception No. 2100918. B. Pursuant to Resolution of the Pueblo City Council as set forth in Resolution No. 14739, an Amendment to the Restated Annexation Agreement dated October 27, 2021„ was recorded with the Pueblo County Clerk and Recorder on October 28, 2021, at Reception No. 2250175. The Restated Annexation Agreement and Amendment are collectively referred to as the "Annexation Agreement". C. In accordance with Article VIII, of the Annexation Agreement, the City and Pueblo Heights desire to enter into a second amendment to the Restated Annexation Agreement pursuant to the terms and conditions outlined herein ("Second Amendment"). Amendment NOW THEREFORE, the City and Pueblo Heights agree that the Annexation Agreement is amended as follows: 1. Exhibit C-1, Section 5 is deleted in its entirety and replaced as follows: 5. Construction of Offsite Sanitary Sewer. a. The Petitioner shall design and construct, at no cost to the City, within one hundred eighty (180) days after the three hundredth (300th) building permit is issued to construct any dwelling unit on the Property, an eighteen inch (18") sanitary sewer main and all related facilities in Jerry Murphy Road from Candytuft Boulevard to Vision Hills Parkway. Petitioner must complete construction of the sanitary sewer improvements according to design and construction standards required by the City and the approved Sanitary Master Plan. Petitioner may apply for cost recovery for the off-site sanitary sewer improvements described above, pursuant to Section 16-5-5 of the Pueblo Municipal Code. b. The Petitioner shall design and construct, at no cost to the City, an eighteen inch (18") sanitary sewer main from the south boundary of the Property within the right-of- way of Castor Drive connecting to the wastewater manhole located at the intersection of Castor Drive and Vision Hills Parkway. This improvement shall be completed prior to the issuance of the one thousand three hundred and fifty-first (1,351st) residential dwelling unit on the Property located south of Home of Heroes Parkway and east of the 2299720 12/21/2022 10:08:09 AM 1:3j 20 . otf G P 38 00 D 0.00 1 38.00 Giibe t Ortiz :.Aerk/Recnrdar. Pueblo County, Co rffilEM11111131111141V?1;11 raj 1111:11W11 0111'111)1 111 drainage arroyo as shown on Exhibit A or prior to the one hundred and first (101st) building permit for residential dwelling units that drain into the Caster Drive sanitary sewer main. Any damages to the roadways and other public improvements within the rights-of-ways of Caster Drive and Vision Hills Parkway shall be repaired, at no cost to the City. Petitioner must complete construction of the sanitary sewer improvements according to design and construction standards required by the City and the approved Sanitary Master Plan. Petitioner may apply for cost recovery for the off-site sanitary sewer improvements pursuant to Section 16-5-5 of the Pueblo Municipal Code. c. Following the completion and acceptance by City of the sanitary sewer improvements in Section 5.a. and Section 5.b. above, the Petitioner shall be allowed a maximum of seventeenth hundred fifty (1,750) building permits for dwelling units located south of Home of Heroes Parkway and east of the drainage arroyo as shown on Exhibit A. Petitioner shall, at no cost to the City, be responsible for the design and construction of the sanitary sewer improvements within the right-of-way of Jerry Murphy Road from Vison Hills Parkway to the southern boundary of the Property according to design and construction standards required by the City and the approved Sanitary Master Plan in accordance with the following requirements: (1) Within one hundred eighty (180) days after the seventeenth hundred fifty-first (1,751st) building permit for any dwelling unit on the Property, Petitioner shall, at no cost to the City, be responsible for the design and construction of the sanitary sewer improvements within the right-of-way of Jerry Murphy Road from Vison Hills Parkway to the southern boundary of the Property according to design and construction standards required by the City and the approved Sanitary Sewer Master Plan. (2) Within one hundred eighty (180) days after the issuance of a building permit for any dwelling unit located north of Home of Heroes Parkway or west of the drainage arroyo as shown on Exhibit A, Petitioner shall, at no cost to the City, be responsible for the design and construction of the sanitary sewer improvements within the right-of-way of Jerry Murphy Road from Vison Hills Parkway to the southern boundary of the Property according to design and construction standards required by the City and the approved Sanitary Sewer Master Plan. The design and construction of the sanitary sewer improvements shall be coordinated with the concurrent construction of Jerry Murphy Road and any associated drainage channel improvements identified in paragraph 6.b.(2) below. Petitioner may apply for cost recovery for the off-site sanitary sewer improvements described above, pursuant to Section 16-5-5 of the Pueblo Municipal Code. 2299720 12/21/2022 10:08:09 AM Page: 3 of 6 R 38.00 D 0.00 T 38.00 G,loert Ortiz C1.erkiReoor•der Pueblo County, Co IIIII Pridli141101BielqiilikilIPIA! iI"nF X14:11 r� 2. Exhibit C-1, Section 6.b.(1) is deleted in its entirety and replaced as follows: 6. Construction of Road Improvements. b. Petitioner Roadway Construction of Jerry Murphy Road from Vision Hills Parkway to Future Home of Heroes Parkway completed by Petitioner (1) Petitioner shall, at no cost to the City, be responsible for the following roadway improvements in accordance with the following requirements: (a) Within one hundred eighty (180) days after the three hundredth (300th) building permit is issued to construct any dwelling unit on the Property, Petitioner shall be responsible for chip sealing Overton Road from Vision Hills Parkway northerly to the northern property line adjacent to Overton Road; and (b) Within one hundred eighty (180) days after the issuance of the seventeenth hundred fifty-first (1,751 st) building permit is issued to construct any dwelling unit on the Property, Petitioner shall be responsible to design and construct Jerry Murphy Road between the intersection of Vision Hills Parkway and Future Home of Heroes Parkway at no cost to the City, as a four lane, median divided, principal arterial roadway section. (c) Within one hundred eighty (180) days after the issuance of a building permit for any dwelling unit located north of Home of Heroes Parkway or west of the drainage arroyo as shown on Exhibit A, Petitioner shall be responsible to design and construct Jerry Murphy Road between the intersection of Vision Hills Parkway and Future Home of Heroes Parkway at no cost to the City, as a four lane, median divided, principal arterial roadway section. (2) The alignment, design, and construction plan for the roadway improvements shall be approved in the sole discretion of the Director of Public Works. If any portion of the improvements required in this subparagraph are tributary to the drainage channel located approximately five hundred (500) feet south of the south boundary line of the Property (the "Box Culvert"), Petitioner shall be responsible to increase the size and capacity of the Box Culvert as determined by the final storm drainage study and then prepared at Petitioner's cost in accordance with the Storm Drainage Design Criteria and Drainage Policies for the City, published June 9, 1997, or as same may later be amended ("MANUAL") and be certified by a Professional Engineer competent in the 2299720 12/21/2022 10:33:09 AM Page: 40 of 6 R 38.00 C 0.00 T 38.00 Gt.aert Ort;z C:erk:Recorder PLIe7iO Ccu: ty, Co VIIIkr r MLi'IO°I )'NA V,NO Olt MIA Id Ili II I field of surface water drainage engineering and registered in the State of Colorado. 3. No Other Amendments. Except as modified by this Second Amendment, the Restated Annexation Agreement, remains in full force and effect. 4. Effective Date. This Amendment will become effective upon execution of both parties and recording with the Pueblo County Clerk and Recorder. THE CITY OF PUEBLO, a municipal corporation c By: ,. f Date: AR Nicholas A. Gradi r, Mayor Attest: Mari Stoller, City Clerk APPROVED AS TO FORM: City Attorney State of Colorado ) ) ss: County of Pueblo ) I attest that the foregoing instrument was acknowledged before me this day of , 2022, by Nicholas A. Gradisar as Mayor and Marisa Stoller, as City Clerk for the City of Pueblo. Eilene Tracey Sample NOTARY PUBMC • STATE OF COLORADO Witness my hand and official s-al. NOTARY ID#20074038010 �" ; MY COMMISSION EXPIRES 10/10/2023 (L6 Notary Public My commission expires JO I 1.1:=1 21,23 . 2299720 12/21/2022 10:08:09 AM Page' 5 o 6 R 38,00 D 0.00 T 38.00 Gilbert. Ortiz Cierk/Re+carder, Pueblr, County ,r 11199 Mira 1:1411 link liii ri tri a llriMilii 111111 PUEBLO HEIGHTS LLC, a Colorado limited liability company, by Jevin Investments, Inc., its manager ('-----------,, , ,T., By: `'" % Date: \ 1 T 2-2 Title: President State of Colorado ) ) ss. County of tt eu 3 ) The foregoing instrument was acknowledged before me this brk day of NoieMDc.12 , 2022, by David Resnick, President of Jevin Investments, Inc., as Manager of Pueblo Heights LLC. Witness my hand and official seal. HEATHER SHIELDS / NOTARY PUBLIC ------ STATE OF COLORADO' ' NOTARY ID s t.�, Public MY COMMISSION EXPIRES 04/20/2023 My commission expires L//ZD JlC) 3 llii" P i5 11115 iiiiiiiikiliii II 01 1F26/21P/203822.00100:008:pL00,9et,i0 courtv, co TIM138p.00 (72;1;1;7,./..2.t.60Cr0. t)2 C.:,7i-k/Rear1ci:etri,, VIII F.;l':ifilyi VI.Iiiii.raid 41 .'1 . .,_., .,..1..r,.!.',..t.-4.,..,...,-,„!%t, ,, ' ,.. t ill 1 i es # ... 0 - .- ,, ',. ,.... ,---„,„ ,z-, i „I\ b- 1 / ..,' i ! -- ;2 . . ./..,___, ,.... , -,,,,, :,, 'i: 1,,,,„.7.,,,,,,..)t, i i / , i ...... .ii—„,,, ,,v„ , „.„, . ., i , , . pe. .,..- :, t .,..,,,„ ;,5•• ,,,,.,,,,,,,, _„,,,,,,,,,,,,, .,,,, 1,,, , . , ., ( • ..• „/ !' 7 .... 0, op 'k, i #r.- 4 " tierrAVP-ap-77,4110E r_ _53 1,,,, , ,.. ce Lo e < V ! c • ""-Y..l;i;;,„,.,--' '„,,,,-`:'7's, -,'5„,,,,, ,e-'-s, „_•,,,,,,,„4. A',„ ',. i'ill' * ' :'.: -: ,'" - 't ;7,.,„ 10' k c , v i -$: k l-j: t''' ''..,. .,C 1 ' - .. 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