HomeMy WebLinkAbout06457Reception 1289657
07/20/1999
ORDINANCE NO. 6457
AN ORDINANCE ANNEXING THE AREA COMMONLY
KNOWN AND DESCRIBED AS SOUTH AND WEST OF
KINGSROYAL BOULEVARD AND DONNINGTON STREET
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 situated in the Southwest 1/4 and the Southeast 1/4 of Section
9, Township 21 South, Range 65 West of the 6th Principal Meridian and
located within Columbia Heights according to the recorded plat thereof, filed
for record May 23, 1888, and located within Shull's Subivision, according to
the recorded plat thereof, filed for record July 14, 1887, and being more
particularly described as follows:
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All of Lots 1 through 5 and Lots 11 through 15, Block 8, all of Lots 3
through 5 and Lots 11 through 15, Block 7, all of Lots 1 through 10 and
Lots 13 through 20, Block 6, all of Lots 5 through 8 and Lots 13 through
18, Block 5, all of that portion of Lot 1 and Lot 11, Block 10, lying North
of the South line of said Section 9, all of Highland Park and all adjacent
Streets thereto, all within said Shull's Subdivision; That portion of New
York Avenue lying North of the easterly prolongation of the South line
of said Lot 15, Block 8 and South of the Southerly right -of -way line of
Shull Avenue extended East, all within said Columbia Heights.
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
11 be effective for ad valorem tax purposes on and after January 1, 2000.
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City Clerk
INTRODUCED June 14, 1999
BY Ric Golenda
C ilperson
APPROVED i Z-
President of the Council
6/11/99
Reception 1289658
07/20/1999
ANNEXATION AGREEMENT
CASE NO.
This Annexation Agreement entered into as of June 14 , 19 , by and
between the City of Pueblo, a Municipal Corporation, (the "City ") and RRDC, III a
Limited Liability Corporation (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 to 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 THERFORE, in consideration of the foregoing, and the covenants and
conditions set forth herein, the City and Petitioner agree as follows:
I. REPRESENTATION AND WARRANTIES OF PETITIONER
Petitioner hereby represents and warrants to, and covenants with, the City as
follows:
(1) Petitioner is a Corporation duly organized and validly existing under the
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(2) Petitioner has good and marketable fee simple title to the Property subject
only to 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) 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.
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II. MASTER DEVELOPMENT PLAN
Petitioner 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 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 Petitioner 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 of 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 Planning 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) Development
Plan, (b) Drainage Plan, (c) Sanitary Sewer Plan, (d) Transportation Plan, and (e)
Environmental Study:
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The Development Plan shall be prepared in accordance with the requirements of
Section 12- 4 -6(a) of the Pueblo Municipal Code. A development plan establishing the
anticipated phasing of the development of the Property shall be prepared as part of the
Development 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 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 sole discretion, shall be
mitigated through surface water drainage improvements installed by and at the expense of
the Petitioner. 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 runoff due to development of
the Property.
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The Sanitary Sewer Plan shall be prepared in accordance with the standards
specified by the City Engineer and shall be supported by studies and reports prepared by
Professional Engineers competent in the field of sanitary sewer engineering and
registered in the State of Colorado. The Sanitary Sewer Plan shall address the needs of
the entire gravity -fed 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 and proposed sanitary sewer system shall be identified in the
Sanitary Sewer Plan, and those impacts which are reasonably attributable to the
development of the Property as determined by the City, in its sole discretion, shall be
mitigated through the installation of sanitary sewer improvements installed by and at the
expense of the Petitioner. The Sanitary Sewer Plan shall include a phasing plan or
schedule for such sanitary sewer improvements.
If sanitary sewers within the Property are oversized to serve future development
outside the Property but within the sewer drainage basin, a Sewer Participation Cost
Recovery Agreement will be entered into between the Petitioner and the City in
accordance with Sections 16 -5 -12 and 13 of the Pueblo Municipal Code or as same may
hereafter be amended.
If sanitary sewers are constructed downstream from the Property which will serve
future development outside the Property but within the sewer drainage basin, the Sewer
Participation Cost Recovery Agreement may include provisions allowing the Petitioner to
be reimbursed in accordance with the then applicable provisions of City's ordinances.
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The Sewer Participation Cost Recovery Agreement will comply with the City's
then existing applicable ordinances and be approved by the City Council but shall not
require any cost recovery from the City except to the extent that funds are made available
by Resolution of the City Council pursuant to Section 16 -11 -4 of the Pueblo Municipal
Code or as same may hereafter be amended.
(4) Transportation Plan
The Transportation Plan shall be prepared in accordance with the criteria and
general outline specified by the City Traffic Engineer and shall be supported by studies
and reports prepared by Professional Engineers competent in the field of transportation
and registered in the State of Colorado. 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 reasonably attributable to the development of the
Property as determined by the City, in its sole discretion, shall be mitigated through
traffic improvements constructed and installed by and at the expense of the Petitioner
(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 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
Petitioner 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.
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(5) Environmental Studies
In addition to the requirements of Section 12- 4- 6(b)(3) if the Pueblo Municipal
Code, if the Property includes any land that has previously been used for solid waste
disposal by land filling, the Petitioner at its 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 SUBDIVISION
The Property shall 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 Regency Ridge District ( R -2 ).
Nothing 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 minimum standards for subdivisions presently
existing or as same may hereafter be amended.
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IV. PUBLIC FACILITIES
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The Petitioner shall dedicated 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 sole discretion, including, but not limited to,
sanitary and storm sewers, drainage ways and facilities, utilities, streets, roadways, trail
systems and parks. The Petitioner at its 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 sole 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.
V. UTILITIES
The Petitioner shall comply with all applicable City of Pueblo (sanitary and storm
sewers), Public Service Company (natural gas), WestPlains Energy Company (electric),
TCI 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 ORDINANCES
The development, subdivision and rezoning of the Property will meet and comply
with all applicable ordinances, resolutions, regulations, and standards of the City now
existing or hereinafter enacted or amended.
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VII. BINDING EFFECT 9 of 13 R 63.00 D 0.00 Pueblo C!y Clk 8 Roe.
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 Petitioner and its successors and assigns. The Petitioner expressly
accepts and agrees to the covenants, restrictions, and agreements set forth herein by
execution of this Annexation Agreement and by the filing of its petition for annexation.
VIII. 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. 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.
IX. 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.
X. 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.
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The Petitioner acknowledges and agrees that neither this Annexation Agreement
nor any provision hereof, nor the annexation of the Property by 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 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 -68 -101, et
seq., C.R.S.
XI. 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 City's ordinances, standards, and regulations and which
has been approved by the City after adoption of the Master Development Plan.
XII. 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
§31 -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.
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(2) Disconnection by City 11 of 13 R 65.00 0 0.00 Pueblo Ct.y Clk & Rec.
If, for any reason, the Master Development Plan is not approved and adopted by
the Planning and Zoning Commission within five (5) years from the date of this
Annexation Agreement, proceedings may be institued 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.
XIII. MISCELLANEOUS
(1) Notice
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
(b) If to the Petitioner: RRDC, III
26 Country Club Village Dr.
Pueblo, CO 81008
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
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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. Words 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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Attest:
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STATE OF COLORADO) 1289658 07/20/1999 11:36A AGREE Chris C. Munoz
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COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me thisl9th day of July ,
1999, by Corinne Koehler as President of City Council and
Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation.
itr ess m . d and official seal.
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TIATE; -OF'"COLORADO)
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COUNTY OF PUEBLO )
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The foregoing instrument was acknowledged before me this 2.3 day of
1999, by Roger H. Fonda, General Partner of RRDC It a Limited Liability Corporation.
Witness my hand and official seal
My commission expires:
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