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
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�.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.
AMANDA FAY TREACY
0- � NOTARY PUBLIC
STATE OF COLORADO
s Natrt' Public NOTARY ID#20204029733
MY COMMISSION EXPIRES AUG 26,2024
My commission expires 1419 2CP,2O2LI .
23046E8 02/16/2023 03:70•21 PP1
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