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HomeMy WebLinkAbout06301Reception 1215489 04/24/1998 " AS AMENDED ORDINANCE NO. 6301 AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AND DESCRIBED AS WEST OF KINGSROYAL BOULEVARD AND NORTH OF THAMES DRIVE 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 Annexation Agreement; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The following described area situated in Pueblo County, Colorado, is hereby annexed to Pueblo, a Municipal Corporation, subject to the terms and conditions set forth in the Petition For Annexation, and the official snap of the City shall be amended to show such annexation: A parcel of land located within the Southeast 1/4 of the Northwest 1/4 and the Southwest 1/4 of the Northwest 1/4 of Section 9, Township 21 South, Range 65 West, of the 6th Principal Meridian, Pueblo County, State of Colorado: And being more particularly described as follows: Beginning at a point on the South line of said Southeast 1/4 of the Northwest 1/4 of Section 9, said point also being the Southwest corner of Regency Park, 15th Filing as recorded in Book 2443 at Page 186 of the Pueblo County Records: Thence N 88 °26'26" W along said South line a distance of 994.92 feet; Thence N 00 °00'00" E a distance of 484.57 feet; Thence S 89 1 19'52" E a distance of 1000.48 feet to the West line of said Regency Park,15th Filing; Thence S 00'40'18" W along said West line a distance of 500.00 feet to the point of beginning. Total area to be annexed is 11.27 acres more or less, SECTION 2. Within thirty (30) days after the effective date of the Ordinance, the City Clerk shall: (a) File one copy of the annexation map with the original of this ordinance in the office of the City Clerk; (b) File two certified copies of this Ordinance and annexation map with the Pueblo County Clerk and Recorder; (c) File one certified copy of the annexation map and this Ordinance with the Southeastern Colorado Water Conservancy District. SECTION 3. The City Council hereby consents to the inclusion of the annexed area in the Southeastern Water Conservancy District pursuant to C.R. S. §37 -45 -136. (3.6). SECTION 4. This Ordinance shall become effective upon execution of the Annexation Agreement incorporating the changes that were agreed upon during the March 23, 1998 City Council Meeting and the annexation shall be effective for ad valorem tax purposes on and after January 1, 1999. �Q f" � 0 ti 4 Al -- City Clerk INTRODUCED February 23, 1998 BY Rich Golenda A ouncilperson APPROVED Presiden f tv Council 11111111111 Hill HE 1111111111111111 Hill 311111111 III Hill 11111111111111 1213489 04/24/1998 08:06A 83113 P999 ORD 2 of 2 R 11.00 D 0.00 Pueblo Cty Clk 8 Rec. Reception 1215490 04/24/1998 ANNEXATION AGREEMENT CASE NO. A -97 -3 This Agreement entered into the 6th day of April , 1998, by and between the City of Pueblo, a Municipal Corporation (herein "City'), and RRDC II, LLC, a Colorado Limited Liability Company (herein "Petitioner"), WITNESSETH WHEREAS, the Petitioner is the owner of the real property located in Pueblo County, Colorado, and described as follows: A Parcel of land located within the SE % of the NW % and the SW % of the NW Y4 of Section 9, Township 21 South, Range 65 West, of the 6 th Principal Meridian, Pueblo County, State of Colorado. Containing 11.27 acres more or less (herein "Property"); WHEREAS, the Petitioner has submitted a petition for the annexation of the Property to the City; and WHEREAS, the City is willing to annex Petitioner's Property upon and subject to the terms and conditions hereinafter set forth and in compliance with the annexation laws of the State of Colorado; NOW THEREFORE, in consideration of the foregoing and convenants and conditions set forth herein, the City and Petitioner agree as follows: I. MASTER PLAN The Petitioner will prepare and submit to the Planning and Zoning Commission for adoption a Master Plan of the Property. Prior to the submittal of any zoning amendment or subdivision application for any of the Property, other than a request to rezone the entire Property to Single - Family Residential District, R -2 Zone, the Master Plan for all of the Property shall be submitted and approved in its entirety by the Planning and Zoning Commission. The Property shall not be rezoned for any use other than the uses permitted in a Single - Family, Residential District, R -2 Zone. The Master Plan will comply with the policies of the Pueblo Regional Comprehensive Development Plan and consist of the (1) Development Plan, (2) Drainage Plan, (3) Sanitary Sewer Plan, (4) Transportation Plan and (5) Environmental Study as outlined below. 1 111111 1111111111111111111111111 HIM i IN III Devel 1215490 04/24/1998 08:06A 83114 P2 AGREE ( ) p 2 of 6 R 31.00 D 0.00 Pueblo Cty Clk & Rec. The Development Plan shall be prepared by the Petitioner in consultation with the City's Subdivision Review Committee and Department of Planning and Development In accordance with the requirements of Section 12- 4 -6(A) of the 1971 Code of Ordinances of the City of Pueblo and as same may be subsequently amended. (2) Drainage Plan The Drainage Plan shall be prepared by the Petitioner in accordance with the Storm Drainage Design Criteria and Drainage policies for City of Pueblo, Colorado, published June 9, 1997, (MANUAL) and be certified by a Professional Engineer competent in the field of surface water drainage engineering and registered in the State of Colorado. The Drainage Plan shall address surface water drainage within the Property and onto the Property from other areas, as well as the effects of the development of the Property upon downstream properties and drainage facilities. Associated impacts identified in the Drainage Plan will be mitigated through surface water drainage improvements financed by the Petitioner. The Drainage Plan shall include a schedule of such improvements. It is not the intent of the City to require Petitioner to install downstream surface water drainage improvements in addition to those required or identified as associated impacts in the Drainage Plan. Storm water detention facilities, designed and constructed in accordance with the MANUAL, may be used to mitigate the increased runoff due to development. (3) Sanitary Sewer Plan A Sanitary Sewer Plan shall be prepared by the Petitioner in accordance with the standards specified by the City Engineer and shall be supported by studies and reports prepared 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 entire gravity-fed basin (sewer drainage basin), which sewer drainage basin shall be approved by the Director of Public Works. Associated impacts identified in the Sanitary Sewer Plan will be mitigated in accordance with the City's then existing ordinances and policies. FA 11111111111111111111111111111111 HIM 111111111111 IN (4) Transportation Plan 1215490 04/24/1998 08:06A B3114 P3 AGREE 3 of 6 R 31.00 D 0.00 Pueblo Cty Clk & Rec. A Transportation Plan shall be prepared by the Petitioner in accordance with the criteria and general outline specified by the City Traffic Engineer and shall be supported by studies and reports prepared by Professional Engineers competent in the field of transportation and registered in the State of Colorado. (5) Environmental Studv The Petitioner at their expense, shall provide the City with a Phase I Environmental Study and a further in depth study of any potential methane gas presence on this site. Both of these studies will be performed by Professional Engineers competent in the field of Environmental Engineering in the State of Colorado. The tests for methane will be drilled sample wells with the air from those wells analyzed by an independent laboratory. The results will be summarized as a comparison to Federal and State regulations pertaining to Solid Waste Disposal Sites. These tests will be conducted on the property to be annexed and used for residential construction. II. ZONING AND SUBDIVISION The Property shall be zoned and subdivided in conformity with the Approved Master Plan pursuant to the requirements of Titles 12 and 17 of the 1971 Code of Ordinances of the City of Pueblo, and as same may be subsequently amended. Nothing In the criteria contained herein exempts any party from abiding by the 1971 Code of Ordinances pertaining to minimum standards for subdivisions presently existing and as same may hereafter be amended. III. PUBLIC FACILITIES The Petitioner shall dedicate land and right -of -way for public uses and facilities required by the City, in its sole discretion, including, but not limited to, sanitary and storm sewers, utilities, drainage ways, roadways. The Petitioner at his expense shall construct and install all on -site and off -site improvements required by the City, in its sole discretion, including, but not limited to, streets. curbs and gutters, sidewalks, sanitary sewers, storm sewers, drainage channel improvements and facilities, but excluding public buildings such as fire stations. 3 IV. UTILITIES 111111l 11111111111111111111111111111111111111111111 IN IN 1215490 04/24/1998 08:06A B3114 P4 AGREE 4 of 6 R 31.00 D 0.00 Pueblo My Clk 8 Rec. The Petitioner shall comply with all applicable City of Pueblo (sanitary and storm sewers), Public Service Company (gas), WestPlains Energy Company (electric), TO Cable Vision (cablevision), and Pueblo Board of Water Works (water) requirements for the installation of mains, lines, stations, and any other appurtenant utility facilities. V. COMPLIANCE WITH ORDINANCES The development of the Property will be subject to and constructed in conformity with all applicable ordinances, resolutions, regulations, and standards of the City now existing or hereinafter enacted or amended. VI. ASSIGNS The convenants, restrictions, and agreements herein set forth shall run with the Property and shall extend to and be binding upon the Property and Petitioner and its successors and assigns. The Petitioner expressly accepts and agrees to the covenants, restrictions, and agreements set forth herein by execution of this Agreement and the petition for annexation. VII. AMENDMENTS Amendments to this Agreement may only be made through formal petition to and approval by Resolution of the City Council. The City Departments will review when applicable any proposed amendment and submit their findings and recommendation to the City Council. VIII. SEVERABILITY If any section, clause, or other provision of this Agreement for any reason is invalid or unenforceable, the invalidity or unenforceability of such section, clause, or other provision shall not affect any of the remaining provisions of this Agreement. 4 I II'lll "I'I III'I III IX. BUILDING PERMITS 1215490 of 6 8 08:06A 8 04/24/19 3114 P5 AGREE Clk & Rec. 5 of 6 R 31.00 D 0.00 Pueblo Cty No building permit shall be approved by the City or issued by the Pueblo Regional Building Department to construct or install any building, structure or other improvement on the Property except within a subdivision which meets and complies with this Agreement and City's ordinances, standards, and regulations and has been approved by the City after adoption of the Master Plan. X. DISCONNECTION If, for any reason, the Master Plan of the Property is not approved and adopted by the Planning and Zoning Commission within five (5) years from date of this Agreement, 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. XI. GRADE LEVEL The finished grade level of any street or developed land, lawn or other ground surface within the Property shall be no higher in elevation than the existing grade of the land in its original natural state, and other drainage control means shall also be provided to prevent increased runoff onto previously developed property, including without limitation, a temporary drainage swale during development. S Executed at Pueblo, Colorado, the day and year first written above. RRDC II, LLC By: Manag c r ` As To .Form: City A e State of Colorado County of Pueblo Pueblo, a Municipal Corporation By . �. President of the Cify Council The foregoing instrument was acknowledged before me this 20th day of Apri 1 , 1997, by Cathy Garcia as President of City Council and Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation. ...�, B Witness my hand and official seal • µ (g Y �sio expires -T l 7 State of Colorado County of Pueblo tary Public The foregoing instrument was acknowledged before me this (P day of Iq4� r tW, by Roger H. Fonda as Managing Partner and Charles Stephens as Secretary of RRDC II, LLC, a Colorado Limited Liability Company. �, .. .. .... ... 4 H�s my hand and official seal o f P expires �` b . O� G0 Notary Public 1 HIS 1111111111111111 1215490 04/24/1998 08:06A B3114 P6 AGREE 6 of 6 R 31.00 D 0.00 Pueblo Cty Clk & Rec. KE O E M , City of Pueblo JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT Director of Planr:ng DATE: July 23, 1997 TO: Pueblo City Council FROM: City of Pueblo. Planning and Zoning Commission SUBJECT: CASE NO. A- 97- 3-- ANNEXATION REQUEST - -WEST OF KINGSROYAL BOULEVARD AND NORTH OF THAMES STREET SYNOPSIS BACKGROUND: The applicant requests annexation of undeveloped land in order to utilize City services for residential development. ISSUES: No significant issues have been identified with this request. The proposal appears to be a logical extension of the existing City limit boundary. A Phase II Environmental Study will be required to address issues of the proximity to an abandoned land fill. An Annexation Impact Report has been provided. Approval of the proposal will provide additional property tax revenue to the City without imposing unreasonable expense or demand on existing City services. RECOMMENDATION: The Commission recommends approval by a 7 -0 vote. GENERAL INFORMATION Applicant: Abel Engineering Professional, Inc Owner of Property: Roger Fonda & Jaime Hudspeth Bailey Location: West of Kingsroyal Boulevard. North of Thames Street Size: 11.27 Acres Type of Annexation: 100% Petition by Property Owner. Public Utilities: -- Water: The area of the proposal is not presently serviced. There are no adopted plans to service the area. The area can, however. be serviced with no effect on existing water pressure (65 p.s.i.) (L. Huff stutter, 6/12/97). -- Sanitary Sewer: There is no existing sanitary sewer in the area. The capacity of the existing sanitary sewer into which the area under consideration would discharge can adequately accommodate additional flow (R. Morgan. 6/20/97). 211 E. "D" Street, P.O. Box 1427 Pueblo, Colorado 81002 -1427 e (719) 543 -6006 9 Fax (719) 543 -0572 _ity of Pueblo. Planning and Zoning Commission �ase No. A -97 -3 -uly 23, 1997 Page Two -Storm Sewer: There is no existing storm sewer in the area. There is, however, surface drainage. All development in the Goodnight Arroyo drainage basin will require detention: the location and size will be determined with the subdivision plat (R. Morgan, 6/20/97). Transportation: Existing traffic flow is "fair." The proposal will not significantly affect traffic conditions (D. Centa. 6/20/97). Other: A Phase II Environmental Study will be required to address issues of the proximity to the old City landfill and any potential methane problems (R. Morgan, 6/20/97), STATUTORY REQUIREMENTS WHICH EXIST FOR ANNEXING PURPOSES 1. That not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous to the existing City limits (contiguity may be established by the annexation of one or more parcels in a series. which may be completed simultaneously and considered together for the purposes of the public hearing). The Annexation consists of a single parcel of which is not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with existing boundaries of the City. 2. That a community of interest exists between the area proposed to be annexed and the City of Pueblo. -- A community of interest exists between the area proposed to be annexed and the City of Pueblo. 3. That said area is urban or will be urbanized in the near future. -- The area will be urbanized in the near future. 4. That the area is integrated or is capable of being integrated with the City of Pueblo. -- The area is capable of being integrated with the City of Pueblo. 5. That this proposed Annexation extends no further than a 3 -mile distance from the existing Pueblo City limits. -- This Annexation extends the City limits approximately 600 feet to the west. 6. That a plan for the area within 3 miles of the existing Pueblo City limits has been prepared and will be in place prior to completion of this proposed Annexation. - The City of Pueblo Annexation Master Plan 1996 Update was approved by Pueblo City Council Resolution in December, 1996. 7. That the area is greater than 11.27 acres. An Annexation Impact Report has been prepared and submitted to the City Clerk and Board of County Commissioners. The area consists of 11.27 - acres. An Annexation Impact Report has been prepared and submitted to the City Clerk and Board of County Commissioners. City of Pueblo. Planning and Zoning Commission Case No. A -97 July 23. 1997 Page Three ESTIMATED COSTS Public Works: The Department of Public works has no improvements in the area to be annexed nor are any anticipated. -- Estimated Cost: None. Police Protection: Upon Annexation. City police will have jurisdiction over the site. Estimated Cost: None (Absorbed by Existing Service). Fire Protection: Fire Station No. 7 is located approximately one -mile north of this site. This expanded service area will not further impact the Fire Department. -- Estimated Cost: None (Absorbed by Existing Service). Sewer or Storm Sewer Services: There are currently no City sanitary or storm sewer services serving this site. Future improvements will be provided by the Developer. Estimated Cost: None. Parks /Recreation: There are no existing park sites within this proposed annexation area. -- Estimated Cost: None. Estimated Departmental Costs: None. Estimated Benefits: If the area remains in private ownership, additional property tax will be generated. OTHER CONSIDERATIONS Schools: The property lies within School District No. 60 boundaries. Approximately 22 children (1.9 children per acre) will be generated at build -out. `his increase can be absorbed into the present system. ANALYSIS The area proposed for annexation consists of 11.27 -acres bordering the west side of the developed Regency Ridge Subdivision and a portion of undeveloped property to the south which was annexed in 1995. The property is undeveloped with no roads or infrastructure in place. The proposed annexation appears to be a logical extension of the existing City limit boundary. The property will be used for residential development. A Phase II Environmental Study will be required to address issues of the proximity to the old City landfill and any potential methane problems. C -�y of Pueblo. Planning and Zoning Commission -��e No. A -97 -3 , , 23, 1997 Page Four S -AFF CONCLUSION Approval of the proposal will provide additional property tax revenue to the City without imposing ur expense or demand on existing City services. PUBLIC HEARING MINUTES (JULY 9, 1997, SPECIAL MEETING) Roger Fonda appeared before the Commission and said this annexation was approved before by the Commission but Cit Council had some concerns which have been addressed. They are now back for the Commission's approval. M Fonda said this parcel of land meets all the annexation requirements. He said he would rather develop t ^e land in the City than in the County. Some of Council's concerns that have been addressed included c control. site grade to meet sewer grade, maintenance of the arroyo. and testing of the soil to assure no landfill material was found on the site. "WISSION DECISION (JULY 9 1997 REGULAR MEETING) V Verna. seconded by Mr. Reiff. moved to recommend approval. Motion carried 7 -0. V ?M /sw ATTACHMENTS ZONING /LOCATION MAP SITE PHOTO _99 CITY C ITY OF PUEBLO f2tal i e ANNEXATION INFORMATION SHEET 1- 2( Attached is a blank Petition For Annexation to be completed and filed with the City Clerk of the City of Pueblo together with an original and sixteen (16) prints of an annexation map and satisfactory evidence of the names and addresses of all the owners of land within the area proposed to be annexed. All petitioners must sign the Petition For Annexation within 180 days before the date of filing with the City Clerk. Prior to filing with the City Clerk all documents must be reviewed by the City's Director of Zoning. TO BE COMPLETED BY PETITIONERS Name of Annexation: Regency Place II Brief Description Of The Area Proposed To Be Annexed: Park, 15th Filing & North of Schull s Siihdivi ci nn Area commonly known and described as West of Kingsroyal Blvd. and North of Thames Drive Location And Size In Acres: Section 9 , Township 21 South, Range 65 , West of the 6th P.M., County of Pueblo, Colorado, 7.19 acres. 100% of Owners Yes ; Less than 100% of Owners School District No. 60 ; Special Districts: Pueblo RPVinnal Library Distric Impact Report: If the area proposed to be annexed is more than 10 acres in size, a draft of an impact report meeting the provisions of C.R.S. §31 -12 -108.5 is required to be prepared by Petitioners and submitted to the City's Director of the Department of Planning and Development on the same date the Petition For Annexation is filed with the City Clerk. Annexation Agreement: The City may require the Petitioners to enter into an Annexation Agreement prior to the effective date of the annex- ation. Such Agreement shall constitute conditions of annexation as effectively as if set forth in the Petition For Annexation. For Office Use Only Date Reviewed by Director of Zoning 1 -22 -98 Date Petition Filed Filing Fee $ -- C Paid -- c) Resolution Finding Substantial Compliance adopted Z -9 -98_ Date of Public Hearing 3 -2 -98 ; Notice of Public Hearing Published: a2- ILo -9% A -a3 -98 3 -a -13 , and 3 -9 -98 , Copy of published Notice and Petition For Annexation sent by Regis- tered Mail on A_ -9 9 to Pueblo County Board of County Commis- sioners, Pueblo � ount LfacQ Attorney, School District No. ,- J _ , and special district: Y, "Jn J�ic-rrtc.} � Sourheas� ern Coln l ikje r Consrxant Upon receipt of this Annexation Information Sheet, Petition For Annex- ation, 16 prints of the annexation map, and evidence of ownership, the City Clerk will forward copies of the Annexation Information Sheet and Petition For Annexation together with the evidence of ownership and 12 prints of the annexation map to the Director of Zoning and refer the Petition For Annexation to the City Council as a communication. CITY OF PUEBLO PETITION FOR ANNEXATION TO THE CITY COUNCIL OF PUEBLO, COLORADO: Pursuant to the Municipal Annexation Act of 1965 and C.R.S. S31 -12- 107(1) the undersigned landowners within the area proposed for annexation hereby petition the City Council of the City of Pueblo for annexation to the City of Pueblo (herein "City") of the following described unincorporated area located in the County of Pueblo, State of Colorado: A parcel of land located within the Southeast 1/4 of the Northwest 1/4 and the Southwest 1/4 of the Northwest 1/4 of Section 9, Township 21 South, Range 65 West of the 6th Principal Meridian, Pueblo County, State of Colorado: And being more particularly described as follows: Beginning at a point on the South line of said Southeast 1/4 of the Northwest 1/4 of Section 9, said point also being the Southwest corner of Regency Park, 15th Filing as recorded in Book 2443 at Page 186 of the Pueblo County Records: Thence N 88° 26'26" W along said South line a distance of 994.92 feet; Thence N.00 °00'00" E a distance of 484.57 feet: Thence S 89'19'52" E a distance of 1000.48 feet to the West line of said Regency Paris, 15th Filing: Thence S 00 °40" 18" W along said West line a distance of 500.00 feet to the Point of Beginning. Total area to be annexed is 11.27 acres more or less. As grounds for this annexation, petitioners state: 1. It is desirable and necessary that the area herein de- scribed be annexed to the City. 2. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with existing boundaries of the City. 3. This petition for annexation has been signed by persons comprising more than fifty percent (50 %) of the land- owners in the area proposed to be annexed and owning more than fifty percent (50 %) of the area, excluding public streets, alleys, and any land owned by the City. 4. A community of interest exists between the area proposed to be annexed and the City. 5. The area proposed to be annexed is urban or will be urbanized in the near future. 6. The area proposed to be annexed is integrated with or is capable of being integrated with the City. 7. No land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (a) is divided into separate parts or parcels without the written consent of the landowners thereof, unless such tracts or parcels are separated by a dedicated street, road, or other public way; or, (b) comprises twenty (20) acres or more and which, together with the buildings and improvements situated thereon has an assessed value in excess of $200,000.00 for ad valorem tax purposes for the year preceding the annexation, is included within the territory proposed to be annexed without the written consent of the landowner or landowners. 8. The mailing address of each signer, the legal descrip- tion of the land owned by each landowner and the date of signing of each signature are shown on this petition. 9. Attached to this petition is the affidavit of the circu- lator of this petition that each signature hereon is the signature of the person whose name it purports to be. 10. Accompanying this petition are an original and sixteen (16) prints of an annexation map containing the follow- ing information: (a) A written legal description of the boundaries of the area proposed to be annexed; (b) A map showing the boundary of the area proposed to be annexed. (Such map shall be prepared by and contain the seal of a Colorado registered engineer or land surveyor); (c) Within the annexation boundary map there is shown the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks. (d) Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City and the area proposed to be annexed with the dimension of such boundary. 11. The area proposed to be annexed is not presently a part of any incorporated city or town. 12. No part of the area proposed to be annexed is more than three miles in any direction from any point of the boundaries of the City as such was established more than -2- one year before this annexation will take place. 13. As conditions of and in consideration of the City annex- ing the area proposed to be annexed, Petitioners, for themselves and their heirs, personal representatives, successors and assigns: (a) waive and release all previously acquired or existing vested property rights attached to or established with respect to the area proposed to be annexed and acknowledge and agree that the annexa- tion of the area proposed to be annexed is not a site specific development plan and no vested property right shall attached to or be established with respect to the area proposed to be annexed. (b) acknowledge and agree that upon the annexation of the area proposed to be annexed, the area shall become subject to the Charter, ordinances, resolu- tions, 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. (c) "vested property right" and "site specific develop- ment plan' shall have the same meaning as set forth in Chapter 12 of Title XVII of the 1971 Code of Ordinances of the City and Article 60, Title 24, C.R.S. 14. Petitioners consent and agree to the following condi- tions: (a) Petitioners and the Annexation Agreement this annexation. City shall enter into an prior to the effective date of (b) (c) (d) (e) WHEREFORE, Petitioners request that the City Council of Pueblo approve the annexation of the above described area to the City of Pueblo (all Petitioners must sign this Petition within 180 days prior to the date of filing with the City Clerk). -3- Signatures Mailing Address Legal Description 1.4No NvA4 Date of Signing Z2- -4- STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) CIRCULATOR'S OATH The undersigned of lawful age being first duly sworn upon oath deposes and states that I circulated the foregoing Petition For Annexation and that each signature therein is the signature of the person whose name it purports to be. Cir"ul or's Signature Subsc ibed and sworn to before me thi day of iyu� 19�� by 1, n My commission expires: -QS -Q/ [SEAL] NotaryoPbblic C OLORP O -5- i ° � n a 9 n 8� 8 a I a -- at 1 - g -------------- - - - - -1 t lit ra ����`yjq � • ;�� p..;� I I j 2Sa a _ ___ _ _ l n• a a ;a y r 5th g • AogTm - SOVIN Cf?/ MR.0 SEUKri 9 0 V e Oi n cS tvO �� O r ~ N 3 � o ti� 8 os^ a a >c a y 0 O y y 0 b 0 NOTICE OF PUBLIC HEARING Notice is hereby given that on Monday, March 23, 1998, at 7:30 P.M, or as soon thereafter as City Council business allows, in the City Council Chambers, Second Floor, City Hall, #1 City Hall Place, Pueblo, Colorado, the City Council of the City of Rieblo, Colorado will hold a Public Hearing on the Petition for Annexation of the hereinafter described area to determine if the area meets the applicable requirement of C.R.S 31 -12 -104 and 31 -12 -105, and is eligble for annexation under the Municipal Annexation Act of 1965 All interested persons may appear at said hearing and present evidence upon any matter to be determined by the City Council. The Petition for Annexation is available for public inspection and acquisition in the Office of the City Clerk. AREA TO BE ANNEXED: A parcel of land located within the Southeast 1/4 of the Northwest 114 and the Southwest 114 of the Northwest 114 Section 9, Township 21 South, Range 65 West, of the 6th Principal Meridian, Pueblo County, State of Colorado: And being more particularly described as follows: Beginning at a Point on the South line of said Southeast 1/4 of the Northwest 1/4 of Section 9, said Point also being the Southwest comer of Regency Park, 15" Filing as recorded in Book 2443 at Page 186 of the Pueblo County Records: Thence N 88° 26'26" W along said South line a distance of 994.92 feet, Thence N 00° 00' 00" E a distance of 464.57 feet, Thence S 89° 19' 52" E a distance of 1000.48 feet to the West line of said Regency Park, 15° Filing; Thence S 00° 40' 18" W along said West line a distance of 500.00 feet to the Point of Beginning. PROPOSED NEW CITY LIMITS LINE Beginning at a Point on the South line of the Southeast 1/4 of the Northwest 1/4 of Section 9 (Existing City Limits Line): Thence N 88° 26' 26" W along said south line a distance of 631.23 Feet, Thence N 00° 00'00" E a distance of 484.57 Feet; Thence S 89° 19' 52" E a distance of 1000.48 Feet to the West line of said Regency Park 15" Filing (Existing City Limits Line) CERTIFICATION OF PERIMETER 29 0% of the boundary cf the land described in area to be annexed is presently the Existing City Limits Line. Total area to be annexed is 1127 acres more or less IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Pueblo, Colorado, this 16" day of February, 1998. (S E A L) Gina Dutcher City Clerk 1st Publication: February 16, 1998 2nd Publication: February 23, 1998 3rd Publication: March 2, 1998 4th Publication: March 9, 1998 6 , September 16, 1997 RRDC2 LLC 1721 Highway 50 West Pueblo, Colorado 81008 Attn.: Mr. Roger Fonda Re: Review of Methane Analysis Results Limited Phase 11 Exploration Proposed Regency Ridge Development 40 Acres south of Kingsley Avenue, Pueblo, Colorado Terracon Project No. 23977603 Irerracon CONSULTANTS WESTERN, INC. EMPIRE DIVISION 740 Wooten Road, Suite 108 Colorado Springs, Colorado 60915 (719) 597 -2116 Fax; (719) 597 -2117 C. Kirk Fraser, C.P.G. Scott D. Neely, P.E. Jerry W. Hai!9, C.P.G. Richard E. Webb, P.E. Terracon Consultants Western, Inc. (Terracon) has reviewed the results of the field screening for methane and laboratory analysis of samples obtained from three (3) methane monitoring wells installed on the above referenced site. These wells were installed as part of a limited geotechnical and environmental assessment at the subject site for landfill materials and the potential presence of methane gas. Please see Terracon's report dated July 14, 1997 (Terracon Project Number 23977603) for additional details concerning installation and field screening of the methane monitoring wells. Terracon also performed a preliminary geotechnical exploration for the southern portion of the subject site in September 1996 (Terracon Project Number 23965062). Based on information by Mr. Roger Fonda, a "burn" landfill is suspected to exist near the west edge of the proposed development. Part of the work scope performed by Terracon was to obtain information regarding the potential presence of landfill materials and high concentrations of methane at the subject site. Based on information contained in the two (2) previously referenced reports, soils observed during the performance of soil borings within the presently proposed subject site boundaries did not appear to be soils normally associated with landfill activities. In addition, per the 40 Code of Federal Regulations (CFR) Part 258.23 and 6 Code of Colorado Regulations (CCR) 1007 -2, Section 2.31(B), Regulations Pertaining to Solid Waste Disposal Sites and Facilities, the methane concentration at the boundary of a landfill may not exceed five percent (5 %) by volume in air. Based upon the field screening of samples obtained during the site assessment and laboratory results from samples obtained from the three (3) methane monitoring wells performed during the assessment activities performed in July 1997, methane concentrations were not observed above the previously described regulatory guidelines. Methane concentrations observed during field screening ranged from below detection limits to 0.02% by volume in air. Methane concentrations observed during laboratory analysis of samples was below laboratory Offices of The Terracon Companies, Inc. Geotechnicat, Environmental and Materials Engineers Arizona U Arkansas C Colorado ■ Idaho ■ iliinois ■ Iowa ■ Kansas ■ Minnesota Missouri It Montana ■ Nebraska ■ Nevada ■ Oklahoma 1 Tennessee ■ Texas ■ Utah m Wyoming QUALITY ENGINEERING SINCE 1965 Proposed Regency Ridge Development Pueblo, Colorado Project No. 23977603 September 16, 1997 Terracon detection limits of 2.0 micrograms per liter of air (µg/Q. These results are applicable only to the specific time and location of the samples. Based on the information contained in the previously referenced reports, landfill materials were not observed in the soil borings performed to the depths indicated at locations within the present boundaries of the subject site. In addition, observed methane gas concentrations were well below the regulatory limits for methane at the boundary of a landfill. Based on the information discussed in this report regarding the potential presence of landfill materials and high concentrations of methane gas, it appears that the subject site could be developed as proposed. The information presented in this report is based upon data obtained from field exploration. The nature and extent of variations beyond the location of test borings may not become evident until construction. The results of methane analysis reflects concentrations observed in samples obtained during field activities. These results are applicable only to the specific time and location of the samples. Results obtained at other locations and /or time may vary. If variations then appear evident, it may be necessary to conduct additional field exploration activities. Our professional services were performed using that degree of care and skill ordinarily exercised, under similar circumstances, by reputable geotechnical environmental engineers practicing in this or similar localities. No warranty, express or implied, is made. We have appreciated being of service to you in this phase of this project, and are prepared to assist you during the design and construction phases as well. If you have any questions concerning this report or any of our testing, inspection, design and consulting services, please do not hesitate to contact us. Sincerely, TERRACON CONSULTANTS WESTERN, INC. C. Kirk Fraser, C.P.G. Associate Principal Scott D. Ne Proje er CKF \SDN \N:\ PROJECTS \23977603\REPORTS\Methane2. DOC PETITION FOR DISAPPROVAL OF "AN ORDINANCE A THE AREA COMMONLY KNOWN AND DESCRIBED AS WEST OF KINGSROYAL BOULEVARD AND NORTH OF THAMES DRIVE " also called "Regency Place II" by Petitioners and further described by them as "West of Regency Park, 15th Filing & North of Schulls Subdivision ". March 23, 1998 WE, THE UNDERSIGNED, being homeowners in Regency Park subdivision of the m City of Pueblo, Colorado, do hereby petition the City Council of Pueblo, Colorado as follows: WHEREAS, we believe annexation of the area "WEST OF KINGSROYAL BOULE- VARD AND NORTH OF THAMES DRIVE" would be detrimental to the well being of property owners in the vicinity, and to the City as a whole, because of the immediate proximity to the old City Dump in its existing condition; and WHEREAS, we believe development of this area would be much better served if incorporated into comprehensive long -range planning 'of the Goodnight Arroyo drainage basin and the proposed Bandara Boulevard; and WHEREAS, the immediately adjacent property has experienced storm water drainage problems during heavy rains due to the elevation of the ground in the proposed annexation area, and the developer has stated he intends to extend development to the very limit of the sanitary sewer elevation that is necessary for service, which we believe would require even higher ground levels than now exist, exacerbating the potential flooding problems: THEREFORE, WE PETITION CITY COUNCIL TO DISAPPROVE THE ANNEXATION ORDINANCE HOWEVER, since Council, in spite of the foregoing objections, may nevertheless approve the annexation: WE FURTHER PETITION COUNCIL to provide some measure of protection to the existing property owners against increased flooding danger by amending the ordinance prior to a final vote to require Annexation Petitioners to enter into Annexation Agreements with the City substantially as follows: #1. "The finished grade level of any street or developed land, lawn, or other ground surface in the annexed area shall be no higher in elevation than the existing grade of the land in its original natural state, and other drainage control means shall also be provided to prevent increased water runoff onto previously developed property," and #2. "The Property Developer shall be required to post SURETY BONDS in the amount of ONE MILLION DOLLARS to pay for damage resulting from any elevated grade level which is in violation of Annexation Agreement #1." Address 1,,71S - /� r 1247 Signature of Property Owner PETITION FOR DISAPPROVA OF "AN ORDINANCE ANNE M, THE AREA COM ONLY KNOWN AND DESCRIBED AS WEST OF KINGSROYAL B011LET ARD AND NORTH OF THAMEZ DRIVE" Signature of Property Owner 5 C c. tW 13 14 15 16 17 18 19 23 24 25 XIlcr t . �4 4��3. z 26 Address Le 1:7 9— 20 (.— _- 1._V�. 1:� 67—�� T A %ma L 6&3 f� - - ✓� gLI 28 30 _ (A-T4 t ��S - PETITION FOR DISA PPROV AL Off' "AN ORDINANCE A';* 7Nf THE AREA N, dLY KNOWN AND DESCRIBED AS WEST OF KINGSROY 'L B0'L YARD AND NORTH OF THATIES DRIVE" S ignature of Property Omer I I Address /Sd / i acre 'Z64�i`Q Oz _ � 1 17�) 4-- f a»e �D C -7 o� Ki,v- sS V( v IUD. W� 31 JCS 4 �Sf" 51 Q'OvI w • P ETITION FOR DISAPPROVAL OF "AN ORDINANCE ANNEXINC THF, AREA C OMMONLY KNOWN AND DESCRIBED AS WEST OF KINGSROYAL BOTTLEVARD AND NORTH OF THA.IHS DRIVE" 57 58 59 60 61 62 M 0,4 lJr - - - -- 6 3 �� =z 64 65 66 67 68 .• Address 7 16"6 9(;�QsrohkL Signature of Propertv Owner 82 6- 2,6 o ,_ ll V P ETITION FOR DISA OF "AN ORDINANCE ANti , T XING THE AREA MITIONLY KNOWN AND DMCRIB'ED AS WEST OF K BOIIL -YARD AND NORTH OF THAI a DRIVE Signature of Property Owner Address 9o- 91. 92 93• 94- 95, 96_ 97 98 99, 100 101 102, 103 104• 105 106 107 108 4 0 r , ✓ rte y rcI YN-07