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HomeMy WebLinkAbout06605Reception 1362555 12/15/2000 ORDINANCE NO. 6605 AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AND DESCRIBED AS SOUTHWEST CORNER PUEBLO BOULEVARD AND U.S. HIGHWAY 50 (1511 BAHAMA DRIVE) WHEREAS, the City Planning and Zoning Commission has recommended that the area described in Section 1 hereof be annexed to the City of Pueblo; and WHEREAS, the City Council has heretofore found and determined by Resolution that the Petition for Annexation and the area described in Section 1 hereof to be in compliance with the notice and other applicable provisions of the Municipal Annexation Act of 1965 and C.R.S. § 31 -12 -104, 105 and 107 (1); and WHEREAS, the City Council has by Resolution found and determined that an election is not required under C.R.S. §31 -12 -107 (2) and no additional terms and conditions are to be imposed upon the area described in Section 1 other than those set forth in the Petition for Annexation and 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: Lot 4, 5 and 6, Block 1, Holiday Hills No. 3 and all of Bahama Drive lying East of Lots 1 thur 7, Block 1, Holiday Hills No. 3 and West of Colorado State Highway No. 45 and all of Capital Boulevard lying North of Block 1, Holiday Hills No. 3 and South of U.S. Highway 50, County of Pueblo, State of Colorado. Area to be annexed contains 1.485 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, 2001. y� 0 7 INTRODUCED October 23, 2000 ar P BY Patrick Avalos e Cou ilperson City Clerk APPROVED President of the City Council PASSED AND APPROVED November 13, 2000 10/10/00 Reception 1362557 12/15/2000 ANNEXATION AGREEMENT CASE NO. A -00 -6 (SHORT FORM) This Annexation Agreement entered into as of November 13 , 2000 , by and between the City of Pueblo, a Municipal Corporation, (the "City ") and Bryon R. & Shirley L. Corfman "Petitioner "), WITNESSETH (the 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 I 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) ( a ---------------- --- -&}y-er$arti -zecl -and va4i )L exi sting-wWQ r-th 4aws- - ---------- - - - - -) ( strike and complete as applicable). (2) Petitioner has good and marketable fee simple title to the Property subject only to C. A. 2/8/98 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 six ( 6) months from the date of recording the annexation plat for the Property: -2- (1) Extend the existing frontage road to the north lot line of Lot 4, Block 1, Holiday Hills No. 3. (2) (3) 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 District ( B- 4 ). zone 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 zoning or minimum standards for subdivisions presently existing or as same may hereafter be amended. :� 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 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- me 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 -5- 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: Bryon R. & Shirley L. Corfman 1976 Keota Dr. Pueblo West, CO 81007 ; 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. W 4 co. 4' I� APPROVED AS TO FORM: City Attorkeey [SEAL] Attest: By Title STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) By Title: The foregoing instrument was acknowledged before me this 4th day of December , 2000 , by Corinne Koehler as President of the City Council and ,ij#r as City Clerk of Pueblo, a Municipal Corporation. SA/V L tY ; e w y o "� PUE L( a Munic' C rporation By I/ r h 4, . 2�s- President of the City Council my hand and official seal. ipnission expires: 8 -21 -2003 M, y vi, STgVR op 1, 0RAD0 ) ss. COUNTY OF PUEBLO ) Votary Public The foregoing instrument was acknowledged before me this _IB__ day of N , 9000 by Bryon R. Corfman & Shirley L. Corfman Witness my hand and official seal. -7-