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HomeMy WebLinkAbout10375 ORDINANCE NO. 10375 AN ORDINANCE APPROVING THE FOURTH AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE AREA COMMONLY KNOWN AND DESCRIBED AS NORTH OF RED CREEK SPRINGS ROAD AND EAST OF THE GOODNIGHT ARROYO, AS APPROVED BY ORDINANCE NO. 7241 WHEREAS, The Proctor Family Partnership No. 2, LLLP and Domega Homes of Colorado, Inc., a Colorado Corporation (herein collectively referred to as “Petitioners”) are the owners of the property in fee simple (other than for platted lots sold to third party purchasers) and are the successors in interest of The Proctor Family Partnership, LLP, Floyd E. Orr, Jr., The Orr Trust, Margaret L. Orr (formerly Margaret L Diodosio), William R. Ferrier and Jeannine L. Bledsoe (formerly Jeannine L. Krueger) that was annexed into the City of Pueblo commonly known as the Regency Crest West Annexation, Case No. A-03-04, and described as North of Red Creek Springs Road and East of the Goodnight Arroyo; and, WHEREAS, Petitioners desire to amend the Annexation Agreement that was previously approved pursuant to Ordinance No. 7241 of the Pueblo City Council dated December 13, 2004, and recorded with the Pueblo County Clerk and Recorder on January 19, 2005, at Reception No. 1603123, and amended pursuant to Ordinance No. 7308 of the Pueblo City Council the First Amendment to the Annexation Agreement dated May 23, 2005, and recorded with the Pueblo County Clerk and Recorder on October 14, 2005, at Reception No. 1643623, and pursuant to Ordinance No. 7638 of the Pueblo City Council the Second Amendment to the Annexation Agreement dated August 27, 2007 and recorded with the Pueblo County Clerk and Recorder on September 7, 2007, at Reception No. 1740938, and pursuant to Ordinance No. 8730 of the Pueblo City Council the Third Amendment to the Annexation Agreement dated April 28, 2014, and recorded with the Pueblo County Clerk and Recorder on May 15, 2014, at Reception No. 1974868; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Fourth Amendment to the Annexation Agreement approved by Ordinance No. 7241, dated December 13, 2004, 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 Fourth Amendment to the Regency Crest West 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. SECTION 4. This Ordinance shall become effective immediately upon final action by the Mayor and City Council and upon Petitioner executing an Agreement approving the Fourth Amendment to the Annexation Agreement set forth in Section 1 and ratifying and confirming the Fourth 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 January 9, 2023. Final adoption of Ordinance by City Council on January 23, 2023 . President of City Council Action by the Mayor: ☒ Approved on January 25, 2023 . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk's Office Item # S3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: January 9, 2023 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 FOURTH AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE AREA COMMONLY KNOWN AND DESCRIBED AS NORTH OF RED CREEK SPRINGS ROAD AND EAST OF THE GOODNIGHT ARROYO, AS APPROVED BY ORDINANCE NO. 7241 SUMMARY: This Ordinance approves the fourth amendment to the Regency Crest West Agreement that was adopted by Ordinance No. 7241 on December 13, 2004. The proposed amendment modifies the phasing of the public improvements to Red Creek Springs Road pertaining to the construction of a drainage culvert for the Goodnight Arroyo that passes under Red Creek Springs Road and the timing of the final improvements of Red Creek Springs Road to the western boundary of the property. PREVIOUS COUNCIL ACTION: On December 13, 2004, by Ordinance No. 7241, City Council approved an Annexation Agreement for the Regency Crest West area containing 122.75 acres. On May 23, 2005, by Ordinance No. 7308, City Council approved the first amendment to the Annexation Agreement for Regency Crest West. On August 27, 2007, by Ordinance No. 7638, City Council approved the second amendment to the Annexation Agreement for Regency Crest West. On April 28, 2014, by Ordinance No. 8730, City Council approved the third amendment to the Annexation Agreement for Regency Crest West. BACKGROUND: This Ordinance approves the fourth amendment to the Annexation Agreement (“Agreement”) between the City of Pueblo, a municipal corporation, and The Proctor Family Partnership No. 2 LLLP and Domega Homes of Colorado, Inc., a Colorado Corporation (collectively the “Petitioners”) related to the Regency Crest West Annexation. The amended Agreement provides for the following changes: 1. Subparagraphs (ii) and (iii) of Paragraph 3. of Exhibit C of the Third Amendment To Annexation Agreement dated April 28, 2014 at Reception No. 1974868 are amended in their entirety as follows: (ii) Within 180 days after the issuance of any building permit within the Regency Crest Neighborhoods G4 or H1, Petitioners shall construct the Red Creek Springs Road arroyo drainage improvements and reconstruct the roadway to the current roadway width and layout in the location shown on Exhibit C-1. The re-alignment and installation of the 12” water main around the new culverts will also be included with this work. The installation of the 10” sanitary sewer main from the existing main east of the proposed culverts to the first manhole west of the culverts shall also be completed at this time. All required public improvements to be constructed under this subparagraph shall be designed and constructed in accordance with the City’s Standard Construction Specifications and Standard Details (published April 11, 2022 or as same may be later amended), the City’s Storm Drainage Design Criteria and Drainage Policies for the City of Pueblo (published June 9, 1997 or as same may be later amended), other standards and criteria adopted by City Council; as well as all relevant federal, state, and local laws and ordinances. All design documents shall be signed and stamped by a licensed professional engineer in the State of Colorado who is competent to perform such work. All project design documents are subject to approval of the Director of Public Works. Petitioner shall obtain a floodplain development permit from the City prior to constructing any drainage improvements in the 100-year floodway. A No-rise Certification, supported by technical data and stamped and signed by a licensed professional engineer in the State of Colorado who is competent to perform such work, must be submitted for review and approval by the Director of Stormwater. Supporting technical data shall be based on the standard step-backwater computer model used to develop the 100-year floodway shown on the most recent Flood Insurance Rate Map (FIRM). (iii) Within 180 days after the issuance of any building permit within Regency Crest Neighborhoods H2, H3 or I3, Petitioners shall have constructed the full width street improvements (44- feet, including curb and gutter) of Red Creek Springs Road between the western boundary of Regency Crest Filing No. 2 and the western boundary of the Property as shown on Exhibit C-1. Sidewalks and curb ramps shall also be constructed on the north side of Red Creek Springs Road from Hillcrest Drive west to the western boundary of the Property. The full width street improvements shall be located 22- feet on each side of the proposed centerline of Red Creek Springs Road as shown on Exhibit C-1. The centerline of the proposed improvements of Red Creek Springs Road must align with the centerline of Red Creek Springs Road as it is presently designed at the eastern boundary of the Property. Red Creek Springs Road shall be paved at full width to the western boundary of the Property. A transition shifting the alignment of traffic lanes to accommodate the change in roadway width shall be constructed on the Property unless the City acquires the right-of-way necessary to facilitate construction of the transition to the west of the Property in accordance with subsection A.3.a of the Annexation Agreement, in which case, Petitioner shall construct the transition as an off-site improvement. The installation of the remaining 10” sanitary sewer main from the manhole built in Phase 1 west of the culverts to the west property line shall also be completed at this time. All required public improvements to be constructed under this subparagraph shall be designed and constructed in accordance with the City’s Standard Construction Specifications and Standard Details (published April 11, 2022 or as same may be later amended), the City’s Storm Drainage Design Criteria and Drainage Policies for the City of Pueblo (published June 9, 1997 or as same may be later amended), other standards and criteria adopted by City Council; as well as all relevant federal, state, and local laws and ordinances. All design documents shall be signed and stamped by a licensed professional engineer in the State of Colorado who is competent to perform such work. All project design documents are subject to approval of the Director of Public Works. Except as modified by this Fourth Amendment, the Annexation Agreement, remains in full force and effect. 2. Exhibit C-1 issued 9/23/04 recorded under reception no. 1603123 (page 29 of 39) is hereby deleted in its entirety and replaced by the attached hereto Exhibit C-1 dated 10/21/22. FINANCIAL IMPLICATIONS: None. 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. City Council could refer the proposed Annexation Agreement amendment back to City staff to address City Council’s concerns with the applicants. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. 4th Am. to Annexation Agreement 2. Regency Crest West Annexation ORD 7241 Re: Ordinance 10375 RECEPTION 2304668 FOURTH AMENDMENT TO ANNEXATION AGREEMENT Case No. A-03-04 This Fourth Amendment To Annexation Agreement, Case No. A-03-04 (the "Fourth Amendment")entered into as of October 24,2022 by and between the City of Pueblo, a Municipal Corporation (the "City") and The Proctor Family Partnership No. 2, LLLP, a Colorado limited liability limited partnership and Domega Homes of Colorado, Inc., a Colorado corporation (collectively the "Petitioners"), WITNESSETH WHEREAS, the term "Property" as used herein means and includes the real property described in Exhibit A to the Annexation Agreement,Case No.A-03-04,dated December 13,2004 and recorded January 19, 2005 at Reception No. 1603123, records of Pueblo County, as amended by an Amendment to Annexation Agreement dated May 9, 2005 and recorded October 14, 2005 at Reception No. 1643623,the Second Amendment To Annexation Agreement dated July 23,2007 and recorded September 7, 2007 at Reception No. 1740938, and the Third Amendment To Annexation Agreement dated April 28, 2014 at Reception No. 1974868 (herein collectively the "Annexation Agreement"); WHEREAS, Petitioners represent and warrant that they are the owners of the Property in fee simple (other than for platted lots sold to third party purchasers) and are the successors in interest of The Proctor Family Partnership, LLLP, Floyd E. Orr, Jr., The Orr Trust, Margaret L. Orr (formerly Margaret L. Diodosio), William R. Ferrier and Jeannine L. Bledsoe (formerly Jeannine L. Krueger) as owners of the Property; WHEREAS, Petitioners have requested certain amendments be made to the Annexation Agreement in order to assist Petitioners in proceeding with their development of the annexed property,and City is willing to amend the Annexation Agreement for such purposes upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Petitioners agree as follows: 1. Subparagraphs (ii) and (iii) of Paragraph 3. of Exhibit C of the Third Amendment To Annexation Agreement dated April 28, 2014 at Reception No. 1974868 are amended in their entirety as follows: (ii) Within 180 days after the issuance of any building permit within the Regency Crest Neighborhoods G4 or H 1, Petitioners shall construct the Red Creek Springs Road arroyo drainage improvements and reconstruct the roadway to the current roadway width and layout in the location shown on Exhibit C-1. The re-alignment and installation of the 12" water main around the new culverts will also be included with this work. The installation of the 10" sanitary sewer main from the existing main east of the proposed culverts to the first manhole west of the culverts shall also be completed at this time. All required public improvements to be constructed under this subparagraph shall be designed and constructed in accordance with the City's Standard 13,40:i828 :20:21 Pri Page: `� 0,1025/16423033003. 0A00s9 Ca (lac: RIvir-,a C/er k ri!?e�,or + r. F'ueb l,: ,omet ur t I�II�k � +� �l� r f�� LT: ' Al�a�'wn' �.III Construction Specifications and Standard Details (published April 11, 2022 or as same may be later amended), the City's Storm Drainage Design Criteria and Drainage Policies for the City of Pueblo (published June 9, 1997 or as same may be later amended), other standards and criteria adopted by City Council; as well as all relevant federal, state, and local laws and ordinances. All design documents shall be signed and stamped by a licensed professional engineer in the State of Colorado who is competent to perform such work. All project design documents are subject to approval of the Director of Public Works. Petitioner shall obtain a floodplain development permit from the City prior to constructing any drainage improvements in the 100-year floodway. A No- rise Certification, supported by technical data and stamped and signed by a licensed professional engineer in the State of Colorado who is competent to perform such work, must be submitted for review and approval by the Director of Stormwater. Supporting technical data shall be based on the standard step-backwater computer model used to develop the 100-year floodway shown on the most recent Flood Insurance Rate Map (FIRM). (iii) Within 180 days after the issuance of any building permit within Regency Crest Neighborhoods 1-12, H3 or 13, Petitioners shall have constructed the full width street improvements (44 feet, including curb and gutter) of Red Creek Springs Road between the western boundary of Regency Crest Filing No. 2 and the western boundary of the Property as shown on Exhibit C-1. Sidewalks and curb ramps shall also be constructed on the north side of Red Creek Springs Road from Hillcrest Drive west to the western boundary of the Property. The full width street improvements shall be located 22 feet on each side of the proposed centerline of Red Creek Springs Road as shown on Exhibit C-1.The centerline of the proposed improvements of Red Creek Springs Road must align with the centerline of Red Creek Springs Road as it is presently designed at the eastern boundary of the Property. Red Creek Springs Road shall be paved at full width to the western boundary of the Property. A transition shifting the alignment of traffic lanes to accommodate the change in roadway width shall be constructed on the Property unless the City acquires the right-of-way necessary to facilitate construction of the transition to the west of the Property in accordance with subsection A.3.a of the Annexation Agreement, in which case, Petitioner shall construct the transition as an off-site improvement. The installation of the remaining 10" sanitary sewer main from the manhole built in Phase 1 west of the culverts to the west property line shall also be completed at this time. All required public improvements to be constructed under this subparagraph shall be designed and constructed in accordance with the City's Standard Construction Specifications and Standard Details (published April 11, 2022 or as same may be later amended), the City's Storm Drainage Design Criteria and Drainage Policies for the City of Pueblo (published June 9, 1997 or as same may be later amended), other standards and criteria adopted by City Council; as well as all relevant federal, state, and local laws and ordinances. All design documents shall be signed and stamped by a licensed professional engineer in the State of Colorado who is competent to perform such work. All project design documents are subject to approval of the Director of Public Works. 2. Exhibit C-1 issued 9/23/04 recorded under reception no. 1603123 (page 29 of 39) is hereby deleted in its entirety and replaced by the attached hereto Exhibit C-1 dated 10/21/22. 2304688 02/16/202.3 03 2.0.2.1 PM Pad e 3 of 5 33 00 0 0 00 t' 33.00 Candace Pi,,ana (lerk/Re:'orner. Puebla County.. Co ■III AIMM" '";l �lr ",�� 'a M"r�'� ��(VEVA 11, III 3. No Other Amendments. Except as modified by this Fourth Amendment, the 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. 5. The Annexation Agreement as amended by this Fourth Amendment shall continue in full force and effect, binding upon Petitioners and the City, and their respective successors and assigns. Executed at Pueblo, Colorado as of the day and year first above written. THE CITY OF PUEBLO, a municipal corporation By: �a�j✓ /"i��''Date: �3 Nicholas A. radisar, Mayor - Attest: AIL � Mari Sto ler, City C erk c APPROVED AS TO FORM:. '>in .. l-� VQ '� '— City City Attorney State of Colorado ) ) ss: County of A.c ) I attest that the foregoing inistr ment wa acknowledged before me this c25 day of 2023, by/U4' .o lo.n r��o r as err r the Ci of Pueblo. U Eilene Tracey Sample Witness my hand and official seal. 1 • NOTARY PUBLIC • . STATY ID COLORADO NOTARY IDS M0740380107403807�0380t0 !Y COMMISSION EXPIRES 10110/2023 Notary Public 2304688 02/16/2023 03:20;21 PM rage: 4P,iof 5 ve::ra R 33,00 D 0.00 T 33.00 0fill' �w��i l�� tor* '� i��l "�C'� td unt'' Coi A Ilk VIII The Proctor Family Partnership No. 2, LLLP, a Colorado limited liability limited partnership By: UT '"?)/) Date: .2-lo Z Title: General Partner State of Colorado ) ss. County of Va ,bto ) The foregoing instrument was acknowledged before me this 1e-day of ce io 1 2022, by C.T. Proctor, General Partner of The Proctor Family Partnership No. 2, LL , a Colorado limited liability limited partnership. Wi •ss my hand an official seal. AMANDA FAY TREACY NOTARY PUBLIC / ►K�J�Cl NOTARY D#2020 0297STATE OF 033 rotary Public MY COMMISSION EXPIRES AUG 26,2024 My commission expires ill),20214. Domega Homes of Colorado, Inc., a Colorado corporation By: a TvcT P., Date: _2 !O — Z. 3 Title: President State of Colorado ) ss. County of bio ) The foregoing instrument was acknowledged before me thist0" day of R-1011,ka-C ,. 2022, by C.T. Proctor, President of Domega Homes of Colorado, Inc., a Colorado corporation. Witne s my hand and official seal. 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