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HomeMy WebLinkAbout06307Reception 1217913 05/08/1998 AS AMENDED ORDINANCE NO. 6307 AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AND DESCRIBED AS LYING WEST OF INTERSTATE HIGHWAY NO. 25 TO LARIAT ROAD 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 Annexation Agreement, and the official map of the City shall be amended to show such annexation: A portion of Sections 22, 23, 26 and 27, Township 21 South, Range 65 West of the 6th P.M. lying Westerly of Interstate Highway No. 25, as presently located and being more particularly described as follows: Commencing at the Southwest corner of Lot 1, Block 15 in South Park, Sixth Filing according to the recorded plat thereof, filed for record March 31, 1966; thence Easterly, along the.South line of said Sixth Filing, a distance of 10 feet to the True Point of Beginning; thence Easterly, along the North line of said Section 22 to the Northwest corner of said Section 23; thence Easterly, along the North line of said Section 23 to an existing angle point in the Present City Limits Line located 3500.80 feet Westerly of the North- east corner of said Section 23, according to the recorded annexation plat thereof, filed for record May 23, 1973 in Book 1750 at Page 174 of the Pueblo County Records; thence along said Present City Limits Line the following two (2) courses: 1. Southerly, a distance of 7150.02 feet; 2. Easterly, a distance of 1167.60 feet to the Westerly right -of -way line of said Interstate Highway No. 25, as presently located (bein f the Westerly right -of -way line of former U.S. Highway No. 85 -87); thence Southerly, along said Westerly right -of -way line to the South line of the North 568 feet of the NW 1/4 of the SE 1/4 of said Section 26; thence Westerly along the South line of said North 568 feet and along the South line of the North 568 feet of the NE 1/4 of the SW 1/4 of said Section 26 to the East line of the NW 1/4 of the SW 1/4 of said Section 26; thence Southerly, along said East line to the Southeast corner of said NW 1/4 of the SW 1/4; thence Westerly, along the South line of the said NW 1/4 of the SW 1/4 of Section 26 to the East line of said Section 27; thence Westerly, along the South line of the N'h of the S'/ of said Section 27 to the West line of said Section 27; thence Northerly along said West line to the Southwest corner of said Section 22, thence northerly, along the West line of said Section 22 to the Present City Limits Line, as said City Limits Line crosses the right -of -way of Lariat Road, thence along said Present City Limits Line the following four (4) courses: 1. Easterly, a distance of 30 feet to the East right -of -way line of said Lariat Road; 2. Northerly, along said East right -of -way line to the South line of the North 840 feet of the NW 1/4 of said Section 22; 3. Easterly, along the South line of said North 840 feet to a line lying 10 feet Easterly of and parallel to the East right -of -way line extended of Hollywood Drive, as platted in said South Park, Sixth Filing, 4. Northerly, along said parallel line to the Point of Beginning. Containing 1535 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). 1111111 11111 11111 11111 111111 111111 11111111 11111 1111 1111 1217913 05/08/1998 08:03A 83120 P926 ORD 2 of 3 R 16.00 D 0.00 Pueblo Cty Clk & Rec. r SECTION 4 This Ordinance shall become effective immediately upon final passage and the annexation shall be effective for ad valorem tax purposes on and after January 1, 1999. INTRODUCED April 13. 1998 a r'°' Cp BY: Rich Golenda Councilp rson ��`! •: �1� tai. 4 l ✓! i L %� %ti(iG -GL�� V I e � ' J I JN .,z.. R s 1111111 IN 1217913 05/08/1998 08:03A 83120 P927 ORD 3 of 3 R 16.00 D 0.00 Pueblo Cty Clk & Rec. Reception 1217915 05/08/1998 CASE NO. A 97 -5 This Annexation Agreement entered into as of April 27, 1998, by and between the City of Pueblo, a Municipal Corporatioti, (the "City ") and Frank J. Scanio, Jr. and Marion Rooke Scanio, Trustees (the "Petitioners "), W1TNp'SSETH WHEREAS, the Petitioners are the owners of the real property located in Pueblo County, Colorado, and described on Exhibit "A" attached hereto and incorporated herein (the "Property "); WHEREAS, the Petitioners have submitted a petition for the annexation of the Property to the City; and WHEREAS, as a condition precedent to the annexation of the Property, Petitioners have agreed to enter into an annexation agreement with the City setting forth certain terms and conditions with respect to such annexations. NOW THEREFORE, in consideration of the foregoing, and the covenants and conditions set forth herein, the City and Petitioners agree as follows: Petitioners hereby represent and warrant to, and covenant with, the City as follows: (1) Petitioners are individual residents of The State of Texas. (2) Petitioners have good and marketable fee simple title to the Property subject only to Permitted Encumbrances attached hereto as Exhibit "B." (3) Petitioners are authorized to, and have taken all action required by it (a) to annex the 1111111111111111111111111111111111111111111111111 IN III 1217915 05/08/1998 08:03A 83120 P930 AGREE 2 of 19 R 96.00 0 0.00 Pueblo Cty Clk & Rec. Property to the City and (b) to execute, deliver and perform its obligations under this Annexation. Agreement, and (c) to carry out and consummate all of its transactions contemplated by this Annexation Agreement. (4) This Annexation Agreement when executed and delivered, constitutes a valid and legally binding obligation. of the Petitioners enforceable against Petitioners according to its terms. (5) Neither the execution and delivery of this Annexation Agreement nor the fulfillment of or compliance with its terms and conditions, nor the consummation of the transactions contemplated hereby, conflicts with or results in a breach of the terms, conditions or provisions or any restriction or any agreement or instrument to which the Petitioners are bound, or constitutes a default under any of the foregoing. (G) There is no litigation pending, or to the knowledge of Petitioners threatened, against the Petitioners or any person affecting the right of the Petitioners to execute this Annexation Agreement or to comply with the provisions hereof. (7) The representations and warranties of Petitioners contained herein will be true and correct in all material respects as of the date of recording the annexation plat and Ordinance of the City Council approving the annexation of the Property, as if made on the date of such recording. •s ••Et► ► Petitioners will prepare and submit or cause to be prepared and submitted to the Planning and Zoning Commission for approval a Master Development Plan for the Property. The Master Development Plan shall be prepared in consultation with the City's Subdivision Review Committee and Department of Planning and Development and submitted in its entirety to the Planning and Zoning Commission. No application for rezoning or subdivision of all or any part of the Property -2- 1111111111111111111111111111111111111111111111111111111 1217915 03/08/1998 08:03A 83120 P931 AGREE 3 of 19 R 96.00 D 0.00 Pueblo Cty Clk & Rec. will be submitted to or considered by the City until after the Master Development Plan has been approved by the Planning and Zoning Commission, except, that Petitioners may submit an application to rezone all of the Property to Single- Family Residential District (R -2) prior to the submittal and approval of the Master Development Plan, The Master Development Plan will comply with the policies of the Pueblo Regional Comprehensive Development Plan existing as of the date the Master Development Plan is approved, and will be designed to address, identify and resolve all development, drainage, utilities, traffic and other infrastructure needs and requirements and the wide range of planning and development issues involved in and with .respect to the development of the Property. The Master Development Plan as submitted and approved by the ]Tanning and Zoning Commission will have the flexibility to adapt to changing conditions over the estimated time period for the development of the Property and shall consist of the following: (a) Land Use Plan, (b) Drainage Plan, (c) Sanitary Sewer Plan, (d) Transportation Plan, and (e) Environmental Study: (1) Land Use Plan The Land Use Plan shall be prepared in accordance with the requirements of Section 12-4- 6(a) of the Pueblo Municipal Code. A phasing plan establishing the anticipated phasing of the development of the Property shall be prepared as part of the Land Use Plan. (2) Drainage Plan The Drainage Plan shall be prepared in accordance with the Storm Drainage Design. Criteria and Drainage Policies for the City of Pueblo, Colorado, published June 9, 1997, or as same may hereafter be amended (MANUAL) and be certified by a Professional Engineer competent in the field of surface water drainage engineering and registered in the State of Colorado. The Drainage Plan -3- 1 IN 1217915 05/08/1998 08:03A B3120 P932 AGREE 4 of 19 R 96.00 D 0.00 Pueblo Cty Clk & Rec. 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 on City's existing and proposed surface water drainage system shall be identified in the Drainage Plan, and those impacts which are reasonably attributable to the development of the Property as determined by the City, in its reasonable discretion, shall be mitigated through surface water drainage improvements installed by and at the expense of the Petitioners. The Drainage Plan shall include a phasing plan or schedule for such improvements. Storm water detention facilities, designed and constructed in accordance with the MANUAL, may be used to mitigate the .increased peak runoff.rattes duce to development of the Property. In addition, increased volume due to development of the Property will be mitigated whenever downstream storm water drainage facilities are impacted. The quality of storm water discharged from the Property will meet and comply with all applicable local, state and federal laws and regulations. (3) ,Sanitary Sewer Plan The Sanitary Sewer Plan shall be prepared in accordance with the standards and criteria specified in the 1996 Update of The City of Pueblo Annexation Master Plan, or as same may hereafter be amended. The Sanitary Sewer Plan 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 sanitary sewer drainage basin of which the Property is a part, The sewer drainage basin shall be approved by the Director of Public Works. Associated impacts on City's existing back -bone sanitary sewer system located outside the Property, and as it may be extended, shall be identified in the Sanitary Sewer Plan, and those impacts shall be mitigated through the installation of sanitary sewer -4- 11111111111111111111111111111111111111111111111111111111111 1217915 05/08/1998 08:03A B3120 P933 AGREE 5 of 19 R 96.00 D 0.00 Pueblo Cty Clk & Rec. improvements installed by Petitioners at their expense, exv8pt to the extent City's funds therefor are made available by Resolution of the City Council, pursuant to Section 16 -11 -14 of the Pueblo Municipal Code or as same may hereafter be amended. Such mitigation shall be in accordance and compliance with Resolution No. 7379, General Polices Related To Sanitary Sewer Development And Extension, or as same may hereafter be amended. The Sanitary Sewer Plan shall include a phasing plan or schedule for such sanitary sewer improvements. If sanitary sewers or related facilities are constructed downstream from the Property by Petitioners which are required to serve the Property and which will serve future development outside the Property but within the sewer drainage basin, a Sewer Participation Cost Recovery Agreem.cnt will be entered into between the Petitioners and the City in accordance with Chapter :5 of Title XVI of the Pueblo Municipal Code and as same may hereafter be amended. (4) Transportation Plan The Transportation Plan shall be prepared in accordance with the Pueblo Area Travel Model - Final Report dated February 1994 and the City Transportation Master Plan, or as same may hereafter be amended. The Transportation Plan shall be supported by studies and reports prepared by Professional Engineers competent in the field of transportation and registered in the State of Colorado. Associated impacts on City's existing and proposed traffic and roadway systems shall be identified in the Transportation Plan and studies, and those impacts which are attributable to the development of the Property as determined by the City, in its reasonable discretion, shall be mitigated through traffic improvements constructed and installed by and at the expense of the Petitioners (such as, but not limited to, traffic signals, signal interconnect, conduit and wire, deceleration /acceleration lanes, and median islands). The Transportation Plan shall include a -5- 111111111/ HE 111111111111111111111 H 1217915 05/08/1998 08:03A 83120 P934 AGRE 6 of 19 R 96.00 D 0.00 Pueblo Cl.y Clk & Rec. phasing plan or schedule of such traffic improvements, If street improvements through or adjacent to property outside the Property are required to be constructed, the Petitioners will pay the entire cost of such improvements and thereafter be eligible for such cost recovery as may be provided under Section 12 -4 -12 of the Pueblo Municipal Code or as same may hereafter be amended, but shall. not be eligible for any cost recovery from the City. Notwithstanding the foregoing, Petitioners shall be responsible for the construction and installation of the north one -half of Purcell Boulevard through or adjacent to the Property. If a traffic engineering study approved by the Director of Transportation shows that traffic generated by the development of the Property materially contributes to any intersection or any other portion of Purcell Boulevard being at a level of service of "D" or below, Petitioners shall be responsible for the construction and installation of the south one -half of Purcell Boulevard. (5) Environmental Studies In addition to the requirements of Section 12- 4- 6(b)(3) of the Pueblo Municipal Code, if the Property includes any land that has previously been used for solid waste disposal by land filling, the Petitioners at their expense, shall provide the City with a Phase I Environmental Study of the Property and a further in -depth study of any potential methane gas presence on, or migration from the Property. Such studies shall be performed by Professional Engineers competent in environmental engineering. The boundaries of the landfill area shall be identified on the Master Development Plan and shall be tested for the presence of methane gas in accordance with procedures approved by the appropriate State Agencies and the results summarized as a comparison to State and Federal regulatory limits of the landfill area and at the exterior boundary of the landfill area. III. ZONING AND SLBDIVISION IIIIIIIIIIIIIIIIIIIII III 111111131111111111111111111111111 1217915 05/08/1998 08:03A 83120 P935 AGREE 7 of 19 R 96.00 D 0.00 Pueblo Cty Clk & Rec. The Property skull be zoned and subdivided in conformity with the approved Master Development Plan pursuant to the requirements of Titles 12 and 17 of the Pueblo Municipal Code, or as same may hereafter be amended. The Property shall be annexed as Agricultural District (A-1). Nothing in this Annexation Agreement shall exempt or be construed to exempt the Petitioners and /or the Property or any portion thereof from abiding by, and complying with City Ordinances pertaining to minimum standards for subdivisions presently existing or as same may hereafter be amended. IV. PUBLIC FACILITIES The Petitioners shall dedicate land and right-of-way for public uses and facilities necessary and required to serve the Property or required as a result of the development of the Property as determined by the City, in its reasonable discretion, including, but not limited to, sanitary and storm. sewers, drainage ways and facilities, utilities, streets, roadways, trail systems and parks. The Petitioners at their expense shall construct and install all on -site and off -site improvements necessary and required to serve the Property or required as a result of the development of the Property as determined by the City, in its reasonable discretion, including, but not limited to, streets, street lights, curbs and gutters, sidewalks, bridges, traffic control devices, sanitary sewers, storm sewers, drainage and channel improvements and facilities, but excluding public buildings such as fire stations. All such improvements shall meet and comply with applicable City Ordinances in effect at the time of installation of such improvements. Once improvements are installed within an approved subdivision and accepted by the City, Petitioners shall not be required to cban,ge or modify such improvements. V. F JTILITIFS -7- 1 1111111111111111111111111111111111111111111111 it 11 III 1 2 17915 05/08/1998 08:03A 83120 P936 AGREE 8 of 19 R 96.00 D 0.00 Pueblo Cty Clk 8 Rec. The Petitioners shall comply with all applicable City of Pueblo (sanitary and storm sewers), Public Service Company (natural gas), WestPlains Energy Company (electric), TC1 Cablevision (cablevision), Pueblo Board of Water Works (water), and U.S. West (telephone) requirements for the installation of mains, lines, stations, and any other appurtenant utility facilities in effect at the time of such installation. VI. COMPLIANCE WITH_ORDML&NC'ES The development, subdivision and rezoning of the Property will meet and comply with all applicable ordinances, resolutions, regulations, and standards of tho City now existing or hereinafter enacted or amended. OMEN r.r• rte. e�i�r The covenants, restrictions, and agreements herein set forth arc covenants running with the Property, shall run with and bind the Property, and shall extend to and be binding upon the Petitioners and their successors and assigns. Amendments to this Annexation Agreement may only be made through formal petition to and approval by Resolution of the City Council after such amendment .has been submitted to and reviewed by the appropriate City Departments and such Departments have submitted their findings and recommendations to the City Council. All amendments to the Master Development Plan must be approved by the Planning and Zoning Commission after review and recommendation by the appropriate City Departments. -a- 111111 Illil 11111 11111111111 Illill IIIII III 11111 1111 III 1217915 05/08/1998 08:03A 83120 P937 AGREE IX. SEVERABILITY 9 of 19 R 96.00 D 0.00 Pueblo Cty Clk & Rec. If any section, clause, or other provision of this Annexation Agreement is for any reason determined to be invalid or unenforceable by any court of competent ,jurisdiction, such determination. shall not affect any of the remaining provisions of this Annexation Agreement. KJJJJJJkTJ W 9 zo N L r. As a condition of and in consideration of the City annexing the Property, the Petitioners, for itself and its successors and assigns waives and releases all previously acquired or existing vested property rights attached to or established with respect to the Property. The Petitioners acknowledge and agree that neither this Annexation Agreement not any provision hereof, nor the annexation of the Property to the City, nor the approval of the Master Development Plan, either separately or jointly (a) creates or establishes a vested property right in or for the benefit of the Petitioners or their successors or assigns, or with respect to the Property; or (b) constitutes a site - specific development plan, The terms "vested property right" and "site - specific development plan" shall have the same meaning as set forth in Section 17 -12 -2 of the Pueblo .Municipal Code and §24 -68 -101, et seq., C.R.S. M. ]ILMDING PERMITS 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 Annexation Agreement and City's ordinances, standards, and regulations and which has been approved by the City after adoption of the Master Development Plan. in XII. DI 1217915 05/08/1998 08:03A B3120 P938 AGREE (1) 12isQgnnection by Petitioner 10 of 19 R 96.00 0 0.00 Pueblo Cty Clk 8 Rec. Petitioners acknowledge and agree that immediately upon annexation of the Property, the Property shall become subject to the Charter, ordinances and rules and regulations of the City and this Agreement. Petitioners may, three (3) or more years after annexation, petition under §31-12- 119 C. R. S. for disconnection from the City if the City does not, upon demand, provide the same municipal services to the Property on the same general terms and conditions as the rest of the City receives, (2) Disrrd?� nection. by City If, for any reason, the Master Development Plan is not approved and adopted by the Planning and Zoning Commission within five (5) years from date of this Annexation Agreement, proceedings may be instituted by the City to disconnect the Property from the City, and for such purpose, the Petitioners irrevocably consent to such disconnection proceedings and waive any and all rights to contest such disconnection. ME. �,CSQELLANEOUS (1) Nosio All notices or other communications hereunder shall be sufficiently given and shall be deemed given when delivered, or mailed by registered or certified mail, postage prepaid, addressed as follows: (a) if to the City: Department of Public Works -City of Pueblo 211 East "D" Street, Pueblo, Colorado Attention: Director of Public Works -10- 111111111111111111111111111111111111111111 HIM III IN 1217915 05/08/1998 08:03A 83120 P939 AGREE it of 19 R 96.00 D 0.00 Pueblo Cty Clk & Ree. (b) if to the Petitioner: 101 No. Shoreline, Suite 600 Corpus Christi, Texas 78401 Attention: Frank 1. Scanio, Jr., or to such other address as either party by written notice given hereunder may designate. This Annexation Agreement shall be governed and construed in accordance with the Ordinances of the City and the laws of the State of Colorado, without regard to conflict of laws principles. Nothing in this Annexation Agreement expressed or .implied is intended to or shall be construed to confer upon, or to give to, any person other than the City and the Petitioners any right, remedy or claim under or by reason of this Annexation Agreement or any covenant, condition or stipulation hereof, and all the covenants, agreements and stipulations in this Annexation Agreement contained by and on behalf of the city or the Petitioners shall be for the exclusive benefit of the City and the Petitioners. (4) Singular, Plural Unless the context requires otherwise, words denoting the singular may be construed as denoting the plural. Words of the plural may be construed as denoting the singular. Words of one gender a1 as denoting the other gender, if applicable. �tatdd at P lo, Colorado as of the day and year first above written. _.: PUEB O, a Municipal Co oration .E A L B Atte President of VVe City douncil City rk -11- APPROVED AS TO FORM: City Atto77 1111111 IIIII IIIII IIIII 111111 11111111111 iii 111111 iii iii 1217915 05/08/1998 08:03A B3120 P940 AGREE 12 of 19 R 96.00 D 0.00 Pueblo C!y Clk 8 Rec. Marion Rooke Scanio, Trustee Frank J. Scanio, Jr., Trustee STATE OF COLORADO ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 2& day of 1998, by Cathy Garcia as President of City Council and Gina Dutcher as City C1(2 of Pueblo, a Municipal Corporation. Witness my hand and official sea). [e My commission expires: y Public STATE OF TEXA COUNTY OF ) ss The foregoing instrument was acknowledged before me this day of 1998, by Frank J, Scanio, Jr., and Marion Rooke Scanio, Trustees. Witness my hand and official seal My commission expires: Notary Public mm M. COX PUBLIC F TEXAS xpires 7 -31 -2000 -12- 111111111111111111111111111111111111111111111111111111 1217915 05/08/1998 08:03A B3120 P941 AGREE 13 of 19 R 96.00 D 0.00 Pueblo Cty Clk & Rec. :FIX11ful I� LAND DESCRIPTION OF AREA TO BE ANNEXED: A portion of Section 22,23,26 and 27, Township 21 South, Range 65 West of the 6' P.M. lying Westerly of Interstate Highway No. 25, as presently located and being more particularly described as follows: Commencing at the Southwest corner of Lot 1, Block 15 in South Park, Sixth Filing, according to the recorded plat thereof, filed for record March 31, 1966; thence Easterly, along the South line of said Sixth Filing, a distance of 10 feet to the True Point of Beginning; thence Easterly, along the North line of said Section 22 to the Northwest corner of said Section 23; thence Easterly, along the North line of said Section 23 to an existing angle point in the Present City Limits Line located 3500.80 feet Westerly of the Northeast corner of said Section 23, according to the recorded annexation plat thereof, filed for record May 23, 1973 in Boob 1750 at Page 174 of the Pueblo County records; thence along said Present City Limits Line the following two (2) courses: 1. Southerly, a distance of 7150.02 feet; 2. Easterly, a distance of 1167.60 feet to the Westerly right -of -way line of said Interstate Highway No. 25, as presently located (being the Westerly right -of -way line of former U.S. Highway No. 85 -87); thence Southerly, along said Westerly right -of -way line to the South line of the North 568 feet of the NW1 14 of the SETA ofsaid Section 26; thence Westerly, along the South line of said Nortli 568 feet and along the South line of the North 568 feet of the NE I/4 of the SWI14 of said Section 2,6. to the East line of the NWI /4 of the SWl /4 of said Section 26; thence Southerly, along said Fast line to the Southeast corner of said NW 114 of the SWI /4; thence Westerly, along the South line of the said NW1 14 of the SW1 /4 of Section 26 to the East line of said Section 27; thence Westerly, along the South line of the N1 of the S 1/2 of said Section 27 to the West line of said Section 27; thence Northerly, along said West line to the Southwest corner of said Section 22, thence Northerly, along the West line of said Section 22 to the Present City Limits Line, as said City Limits Line crosses the right -of -way of Lariat Road; thence along said - Present City Limits Line the following four (4) courses: 1. Easterly, a distance of 30 feet to the East right -of -way line of said Lariat Road; 2. Northerly, along said East right -of -way line to the South line of the North 840 feet of the NW1 /4 of said Section 22; 3. Easterly, along the South line of said North 840 feet to a line lyirxg 10 feet Easterly of and parallel to the East right -of -way line extended of Hollywood Drive, as platted in said South. Park, Sixth Filing; 4. Northerly, along said parallel line to the Point of Beginning. Containing 1535 acres, more or less. 9610506.1012 Exhibit B Page 1 TRANSNATION TITLE INSURANCE COMPANY Commitment No.: 7566501 C- 3 1 111111 11111 11111 11111 111111 111111 OF 11111111111 1217915 05/08/1998 08:03A 83120 P942 AGREE 14 of 19 R 96.00 D 0.00 Pueblo Cty Clk & Rec. SCHEDULE B EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Note: The above exception will not appear on policies where closing and settlement has been performed by the company. 6. a. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. b. Any and all unredeemed tax sales, if any. Note:Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception 6b will not appear on the policy to be issued hereunder. Note: PURSUANT TO CRS 10 -11 -122 NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Page 5 Exhibit B TRANSNATION TITLE INSURANCE COMPANY Page 2 Commitment No.: 7566501 C -3 SCHEDULE B - Continued EXCEPTIONS 7. Map and Statement #168480 of Orlando Canal No. 5. 8. Right of way, whether in fee or easement only, for the purpose of constructing, operating and maintaining water pipelines to Petitioner's Comanche Plant generating station South and East of the City of Pueblo, Colorado to provide water for said generating station, granted to Public Service Company of Colorado, a Colorado Corporation by the District Court in and for the County of Pueblo, State of Colorado, Civil Action No. 68859, Division B by instrument recorded July 30, 1975 in Book 1820 at Page 569, in which the specific location of the easement is not defined. 9. Lake Minnequa Feeder Ditch and Saint Charles Ditch. 10. Right of way, whether in fee or easement only, for road purposes, as granted to The County of Pueblo, State of Colorado by CF &I Steel Corporation, recorded June 16, 1969 in Book 1654 at Page 828, affecting the following described property: A tract of land in the NW1 /4NW1 /4, Section 27, and the W1/2W1/2, Section 22, Township 21 South, Range 65 West of the 6th P.M. Pueblo County, Colorado, more particularly described as follows: Beginning at a point which is the intersection of the West line of said Section 27 and the Northerly right -of -way line of the Burnt Mill Road; thence North 0 deg. 24 min. 30 sec. East, along the West line of said Section 27, a distance of 930.00 feet to the Northwest corner of said Section 27; thence North 0 deg. 01 min. 30 sec. West, along the West line of Section 22, a distance of 2715.08 feet to the West quarter corner of Section 22; thence North 0 deg. 02 min. 30 sec. West, continuing along the West line of Section 22, a distance of 2715.35 feet to the Northwest corner of Section 22; thence Easterly, along the North line of Section 22, a distance of 30.00 feet; thence South 0 deg. 02 min. 30 sec. East, parallel to and 30.00 feet Easterly from the West line of Section 22, a distance of 2130.54 feet; thence South 7 deg. 37 min. 30 sec. East, a distance of 227.00 feet; thence South 0 deg. 02 min. 30 sec. East, parallel to and 60.00 feet Easterly from the West line of Section 22, a distance of 360.00 feet to a point on the East -West centerline of Section 22; thence South 0 deg. 01 min. 30 sec. East, parallel to and 60.00 feet Easterly from the West line of Section 22, a distance of Page 6 1 IN 1217915 05/08/1998 08:03A 83120 P943 AGREE 15 of 19 R 96.00 D 0.00 Pueblo Cty Clk 6 Rec. Exhibit TRANSNATION TITLE INSURANCE COMPANY Page 3 Commitment No.: 7566501 C -3 SCHEDULE B - Continued EXCEPTIONS 2715.08 feet to the South line of Section 22; thence South 0 deg. 24 min. 30 sec. West, a distance of 862.00 feet to a point on the Northerly right -of -way line of the Burnt Mill Road; thence South 41 deg. 50 min. West, along the Northerly line of said Burnt Mill Road, a distance of 90.60 feet to the Point of Beginning. This conveyance and the lands conveyed is solely for the use by the County as a public road, and when such use ceases then title thereto shall revert to grantor or its successors or assigns, with all its appurtenances and warrants the title to the same. NOTE: Upon the above road being excepted out of the subject property the above will not be shown on final policy. 11. Any and all leases and tenancies and /or assignments thereof. 12. Right of way, whether in fee or easement only, for St. Charles Ditch (Minnequa Feeder Canal), as reserved by CF &I Steel Corporation, a Colorado Corporation in the Deed to Evergreen Land and Resource Company, a Delaware Corporation, recorded September 24, 1984 in Book 2214 at Page 239, affecting the following described property: There is expressly reserved unto the grantor herein, its successors and assigns, an easement and right -of -way sixty (60 feet in width for the St. Charles Ditch (Minnequa Feeder Canal) being thirty (30 feet on either side of the center -line of the St. Charles Ditch in its present location on, over and across the W1 /2 of Section 23 and the W1 /2 of Section 26, Township 21 South, Range 65 West of the 6th P.M. AND TOGETHER with the right to cross the reserved right -of -way of the St. Charles Ditch (Minnequa Feeder Canal) located in Sections 23 and 26, Township 21 South, Range 65 West, Pueblo County, at a reasonable number of locations; provided, however, that no such crossing shall damage said ditch or appurtenances, that there shall be no fording of such ditch, and that no structures or fences may be built upon or removed from such reserved right -of -way without prior approval of plans, specifications, and design of such structures by CF &I Steel Corporation, its successors and assigns. The right hereby granted shall run conveyed to grantee. 1 111111 "III IIIII IIIII 111111 111111 IIIII IIi 111111 III IIII 1217915 03/08/1998 08:03A B3120 P944 AGREE 16 of 19 R 96.00 D 0.00 Pueblo Cty Clk & Rec. Page Exhibit B Page 4 TRANSNATION TITLE INSURANCE COMPANY Commitment No.: 7566501 C -3 SCHEDULE B - Continued EXCEPTIONS 13. Right of way, whether in fee or easement only, for underground telecommunication cables, as granted to Mountain States Telephone and Telegraph by F. B. Rooke & Sons, a Texas Limited Partnership recorded January 24, 1985 in Book 2229 at Page 81, and to the terms, agreements, provisions, conditions and obligations as contained in said instrument, affecting the following described property: (SEE ATTACHED COPY) 14. Right to deny or restrict each and every right of access to and from the Land insured hereby, directly onto abutting street or highway designated as State Highway No. 1, now known as State Highway No. 25, and Projects Nos. F1002 -3(12) and U1002- 3(11), Units 1 and 2, along or acooss a line described in the deeds to the DEPARTMENT OF HIGHWAYS, STATE OF COLORADO. Each and every right or rights of access by the grantor(s) by reason of grant or relinquishment of said access right(s) by deeds recorded Mayl 21, 1962 in Book 1482 at Page 133, and February 17, 1956 in Book 1290 at Page 317. 15. Right to deny or restrict each and every right of access to and from the Land insured hereby, directly onto abutting street of highway designated as Colorado State Highway No. 25 formerly State Highway No. 1, along or across a line described as 25- 1(20)88 (Prof. No.) and Highway Projects Nos. along or across a line described as F1002 -3(12) and U1002 -3(11) Units 1 and 2. It is the intent of the grantor herein to reconvey to the grantee a portion of the access rights described above, along the right of way line described in deed dated May 28, 1962, and recorded in Book 1482 at Pages 133 through 136, and deed recorded January 9, 1966 in Book 1290 at Page 317, of the Pueblo County, Colorado Clerk and Recorder's records. EACH AND EVERY RIGHT OR RIGHTS OF ACCESS to and from any part of the right of way to a frontage road along Colorado State Highway No. 25 formerly State Highway No. 1, a freeway established according to the laws of the State of Colorado, along or across the access line or lines described above by reason of grant or relinquishment of said access right(s) by deed from State Department of Highways to F. B. Rooke & Sons, recorded August 26, 1986 in Book 2304 at Page 690, and deed to F. B. Rooke and Sons recorded September 19, 1985 in Book 2256 at Page 688. 111111111 111 1111111111111 11111111111111111111111111 II 1217915 05/08/1998 08:03A 83120 P945 AGREE 17 of 19 R 96.00 D 0.00 Pueblo Cl.y Clk & Rec. Page 8 Exhibit B TRANSNATION TITLE INSURANCE COMPANY Page 5 Commitment No.: 7566501 C -3 SCHEDULE B - Continued EXCEPTIONS 16. Mineral reservations, restrictions, rights of surface entry and other incidental rights affecting the land herein together with terms and conditions all as contained in the Special Warranty Deed by F. A. Rooke & Sons aka F. B. Rooke & Sons, a Texas Limited Partnership as grantor and Marion Rooke Scanio and Jeffery Neil Rooke, Trustees as grantee recorded June 15, 1988 in Book 2401 at Page 577, and any interest therein or rights thereunder. 17. Mineral reservations, restrictions, rights of surface entry and other incidental rights used, claimed or asserted under any mineral reservation, lease or conveyance affecting the land herein by Mineral Deed - Special Warranty Deed from F. B. Rooke and Sons aka F. B. Rooke & Sons, a Texas Limited Partnership to Kenneth M. Hodges, Trustee, recorded in deed recorded June 15, 1988 in Book 2401 at Page 599. (SEE ATTACHED COPY) NOTE: Deed recorded December 20, 1993 in Book 2701 at Page 262 to Rooke Scanio, Interest, Ltd. 18. Mineral reservations, restrictions and other incidental rights, conveyed by Special Warranty Deed - Mineral Deed to Alderete Ranch, Ltd., recorded July 28, 1988 in Book 2407 at Page 107. NOTE: Deed recorded December 20, 1993 in Book 2701 at Page 276 to Rooke Scanio Interest, Ltd. 19. Rights of way of the Arkansas Valley Conduit as same maybe found to intersect in Sections 22 and 27 of said Township and Range. NOTE: Upon an accurate survey by a licensed surveyor that the above does not transverse subject property the above will be deleted from the final policy. 20. Terms, agreements, provisions, conditions and obligations as contained in a certain unrecorded License Agreement to Southern Power Company dated November 22, 1960 for a 115 KV electric transmission line; also certain unrecorded License Agreement dated November 24, 1975 to Southern Colorado Power Company for an electric transmission power line located in Sections 26 and 27, Township 21 South, Range 65 West which is referred to in the instrument recorded September 24, 1984 in Book 2214 at Page 239. 1 111111 111'1 VIII 1111111111111111111111 III 111111'11 111 1217915 05/08/1998 08:03A B3120 P946 AGREE 18 of 19 R 96.00 D 0.00 Pueblo Cty Clk & Rec. Page 9 Exhibit B TRANSNATION TITLE INSURANCE COMPANY Page 6 Commitment No.: 7566501 C -3 SCHEDULE B - Continued EXCEPTIONS 21. Right of way, whether in fee or easement only, for a temporary storm drainage easement and right -of -way for the purpose of storm drainage conveyance in, through, over, under and across property, as granted to Pueblo, a Municipal Corporation by Frank J. Scanio, Jr. and Marion Rooke Scanio, Trustees, recorded November 10, 1997 in Book 3054 at Page 653, affecting the following described property: (SEE ATTACHED COPY) 22. Right of way, whether in fee or easement only, for a temporary storm drainage detention easement and right -of -way for the purpose of storm drainage detention in, through, over., under and across property, as granted to Pueblo, a Municipal Corporation by Frank J. Scanio, Jr. and Marion Rooke Scanio, Trustees and Horizon Communities, Inc., a Colorado Corporation, recorded November 10, 1997 in Book 3054 at Page 656, affecting the following described property: (SEE ATTACHED COPY) 1 1111111111111111111111111111111111111111111111111111 1217915 05/08/1998 08 :03A 83120 P947 AGREE 19 of 19 R 96.00 D 0.00 Pueblo Cty Clk & Rec. Page 10