HomeMy WebLinkAbout06433Reception 1283772
06/11/1999
ORDINANCE NO. 6433
AN ORDINANCE ANNEXING THE AREA COMMONLY
KNOWN AND DESCRIBED AS 28TH STREET, WEST OF
LOWELL AVENUE
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 the 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 Annexation Agreement which is hereby approved, and the official
map of the City shall be amended to show such annexation:
A parcel of land located within the Southeast 1/4 of the Northeast 1/4 of Section
22, Township 20 South, Range 65 West of the 6th Principal Meridian, Pueblo
County, State of Colorado.
And being more particularly described as follows:
All of Lots 1 through 5, Block 1 and Lots 1 through 7, Block 2, together with
that portion of 28th Street, Lowell Avenue and Temple Lane adjacent to said
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Lots, all within Temple Acres as recorded May 12, 1952, Pueblo County
Records.
Together with that portion of land described in Book 2314 at Page 130,
Pueblo County Records being also described as:
Beginning at the Northeast corner of Lot 1, Block 1, Temple Acres, thence
West 138.36 feet, thence North 22 °30'00" West 38.75 feet, thence North
70 0 30'00" East 128 feet, thence South 22 °30'00 "East, 85 feet to the place
of beginning. Together with that portion of Lowell Avenue adjacent to
said description. Total area to be annexed is 2.68 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 immediately upon final passage and the
annexation shall be effective for ad valorem tax purposes on and after January 1, 2000.
t ,,
'I ST; -
City Clerk
INTRODUCED April 26, 1999
BY Al Guru
C'uncilpers
APPROVED
President of the Council
4/15/99
Reception 1283774
06/11/1999
ANNEXATION AGREEMENT
CASE NO. A -98 -5
(SHORT FORM)
This Annexation Agreement entered into as of December 1, 1998 ,
by and between the City of Pueblo, a Municipal Corporation, (the "City ") and
Susan Hart "et al" (the
"Petitioner "), WITNESSETH
WHEREAS, the Petitioner is the owner of the real property located in Pueblo County.
Colorado, and described on Exhibit "A" attached hereto and incorporated herein (the
"Property") ;
WHEREAS, the Petitioner has submitted a petition for the annexation of the Property the
City; and
WHEREAS, as a condition precedent to the annexation of the Property, Petitioner has
agreed to enter into an annexation agreement with the City setting forth certain terms and
conditions with respect to such annexation.
NOW THEREFORE, in consideration of the foregoing, and the covenants and conditions
set forth herein, the City and Petitioner agree as follows:
I. REPRESENTATIONS AND WARRANTIES OF PETITIONER
Petitioner hereby represents and warrants to, and covenants with, the City as follows:
(1) Petitioner is an ( individual ) Xx xxxxxxxxxXXXXXXXXXX )dxb gxii k
Ui �xK lx m& xxxxxxxXXXXXXXXX)c �6 )aaxwmlobegxas)aplobioccbic�.
(2) Petitioner has good and marketable fee simple title to the Property subject only to
C. A. 2/8/98
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Permitted Encumbrances attached hereto as Exhibit "B."
(3) Petitioner is authorized to, and has taken all action required by it (a) to annex the
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 Petitioner enforceable against Petitioner 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 Petitioner is bound. or
constitutes a default under any of the foregoing.
(6) There is no litigation pending, or to the knowledge of Petitioner threatened,
against the Petitioner or any person affecting the right of the Petitioner to execute this
Annexation Agreement or to comply with the provisions hereof.
(7) The representations and warranties of Petitioner 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.
II. PETITIONER'S OBLIGATION
In consideration of the City annexing the Property to the City. Petitioner shall within
N/A ( ) months from the date of recording the annexation plat for the Property:
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( NONE
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III. ZONING AND SUBDIVISION
The Property shall be zoned, developed and subdivided, if necessary, in conformity with
the requirements of all applicable ordinances, resolutions, regulations and standards of the City,
including, without limitation, Titles 12 and 17 of the Pueblo Municipal Code, or as same may
hereafter be amended. The Property shall be annexed as residential and industr
District ( R -2
I -3
Nothin; in this Annexation Agreement shall exempt or be construed to exempt the
Petitioner and/or the Property or any portion thereof from abiding, by, and complying with City
Ordinances pertaining, to zoning or minimum standards for subdivisions presently existing or as
same may hereafter be amended.
IV. BNDNG EFFECT
The covenants, restrictions, and agreements herein set forth are covenants running with
the Property, shall run with and bind the Property, and shall extend to and be binding upon the
-3-
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Petitioner and its heirs, personal representatives, successors and assigns. The Petitioner
expressly accepts and agrees to the covenants, restrictions, and agreements set forth herein by
execution of this Annexation Agreement and by the filing of its petition for annexation.
V. AMENDMENTS
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.
VI. SEVERABILITY
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.
VII. VESTED RIGHTS
As a condition of and in consideration of the City annexing the Property, the Petitioner,
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 Petitioner acknowledges and agrees that neither this Annexation Agreement nor any
provision hereof nor the annexation of the Property to the City, either separately or jointly (a)
creates or establishes a vested property right in or for the benefit of the Petitioner or its
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-
-4-
68 -101, et seq., C.R.S. 1111111111111111111111111111111 2837 74 4
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VIII. BUILDING 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 the City's ordinances, standards, and regulations.
IX. DISCONNECTION
(1) Disconnection by Petitioner
Petitioner acknowledges and agrees that upon annexation of the Property, the Property
shall become subject to the Charter, ordinances and rules and regulations of the City, but that
City shall not have any obligation to furnish or extend municipal services to the Property.
Petitioner may, three (3) or more years after annexation, petition under § 13 -12 -110 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) Disconnection by City
If, for any reason, Petitioner fails to comply with this Annexation 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.
X. MISCELLANEOUS
(1) Notice
All notices or other communications hereunder shall be sufficiently given and shall be
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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
(b) if to the Petitioner: Susan Hart
3012 West 28th Street
Pueblo, CO 81003
or to such other address as either party by written notice given hereunder may designate.
(2) Governing Law
This Annexation Agreement shall be governed and construed in accordance with the laws
of the State of Colorado, without regard to conflict of laws principles.
(3) No Third Party Beneficiaries
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 Petitioner 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 Petitioner shall be for the
exclusive benefit of the City and the Petitioner.
(4) Singular. Plural
Unless the context requires otherwise, words denoting the singular may be construed as
denoting the plural. Word of the plural may be construed as denoting the singular. Words of one
gender may be construed as denoting the other gender, if applicable.
Executed at Pueblo, Colorado as of the day and year first above written.
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APPROVED AS TO FORM:
7��Z
City Attorney
[SEAL]
Attest:
By
Title
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
PUE LC , a MunicipelIC11,
ration
B k j,-
President of the City Council
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By
dl
Title:
The foregoing instrument was acknowledged before me this �-Hq day of Apri 1 ,
1999 , by Corinne Koehler as President of the City Council and
Dutcher as City Clerk of Pueblo, a Municipal Corporation.
•5 61 ` �1.
`,Witness my hand and official seal.
My commission expires:
�rF•o •�O�0J otary Public
STATE OF 0 )
-� ) ss.
COUNTY OF L � e- 6 )
The foregoing instrument was acknowledged before me this l A day of ,
C �11 ( 1_ , by �AaLt
Witness my hand and official seal.
-7-
My commission expires:.
Notary
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