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