HomeMy WebLinkAbout06794Reception 1433653
04/09/2002
ORDINANCE NO. 6794
AN ORDINANCE ANNEXING THE AREA
COMMONLY KNOWN AND DESCRIBED AS
NORTH OF HIGHWAY 78 AND WEST OF REGENCY
RIDGE
WHEREAS, the City Planning and Zoning Commission has recommended that
the area described in Section 1 hereof be annexed to the City of Pueblo, subject to the
conditions set forth in the Annexation Agreement; 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, 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 attached hereto, which is
hereby approved, and the official map of the City shall be amended to show such
annexation:
Area No. 1:
All that portion of the E '/z of the NE 1 /4 of Section 17, Township 21 South, Range 65
West of the 6 1h P.M., lying North of the Northerly right -of -way line of Colorado State
Highway No. 78, as presently located, in the County of Pueblo, State of Colorado.
Containing 69.28 acres, more or less.
Area No. 2:
all of the W 1 /2 of the NE 1/4 of Section 17, Township 21 South, Range 65 West of the 6th
P.M. in the County of Pueblo, State of Colorado.
Containing 81.47 acres, more or less.
SECTION 2.
shall:
Within thirty (30) days after the effective date of the Ordinance, the City Clerk
(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 is hereby approved on final presentation and shall become
effective upon the Petitioner for Annexation executing and delivering the Annexation
Agreement to the City Clerk within thirty days. If the Petitioner for Annexation fails to
execute and deliver the Annexation Agreement within said 30 -day period, this ordinance
shall automatically be deemed void and of no effect, and the area described in Section 1
hereof shall not be annexed to Pueblo, a municipal corporation. If this ordinance
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becomes effective as herein provided, it shall be effective for ad valorem tax proposed on
and after January 1, 2003.
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ATTEST BY:
CITY CLERK
INTRODUCED February 25, 2002
BY Al Gurule
COUNCILPERSON
APPROVED. --�
PRE IDENT OF CITY COUNCIL
PASSED AND APPROVED: Mar ch 25, 2002
1, �` • � ,
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # _�g 3
DATE: FEBRUARY 25, 2002
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT/ JIM MUNCH
TITLE
AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AND
DESCRIBED AS NORTH OF HIGHWAY 78 AND WEST OF REGENCY RIDGE
ISSUE
Shall City Council approve a request to annex property located north of Highway 78 and
west of Regency Ridge?
RECOMMENDATION
The Planning and Zoning Commission voted 4 -0 to recommended approval of the
annexation subject to the Annexation Agreement being finalized and presented to the
Planning and Zoning Commission for review before the matter goes before City Council.
At the January 17, 2002 Planning and Zoning Commission Work Session, Mr. Munch
informed the Commission of the annexation of Ventana subject to the provisions of the
annexation agreement. Planning will put it on the January 28, 2002 City Council
Meeting with a hearing in March. After Further discussion regarding Highway 78 and
Ventana with 70 units for Bandara the will support the temporary move for the
intersection. Also, a fund will be set up with residence to help with the annexation of
Bandara.
BACKGROUND
This is a 150.76 -acre area located north of Highway 78 and west of the Regency Ridge area.
The property has two parcels including Area No. 1 containing 69.28 acres, and area No. 2 to
the west containing 81.47 acres. The area is proposed to be developed with approximately
310 to 330 single - family residential units at a density of 2.5 dwelling units per acre. The
site is vacant property that is identified in both the 1980 Pueblo Regional Comprehensive
Development Plan and the soon to be adopted Pueblo Regional Development Plan as Urban
Residential.
FINANCIAL IMPACT
Exhibit B of the Ventana Annexation Agreement stipulates the following financial
conditions:
1. The petitioner will, on or before the issuance of the fiftieth (50 building permit
for construction within the property, commence and complete construction of two
lanes of travel, each lane not less than 12 feet in width, and a 16 foot median in
Bandera Boulevard between SH 78 and the petitioner's property.
2. In order to fund the cost for the construction of Bandera Boulevard including traffic
signalization, the petitioner and any subsequent owner shall pay as a condition of
the issuance of a building permit a development fee of $2,000.00 for each dwelling
unit constructed within the property. Monies shall be deposited in the Bandera
Boulevard Account and be used only for the Bandera Project.
3. If the petitioner incurs costs for the construction of any part of the Bandera Project
that was not required pursuant to the City's subdivision ordinances or any
Subdivision Improvements Agreement, the petitioner may request reimbursement
from the Bandera Boulevard Account for reimbursable costs.
4. As a condition to approval of the first subdivision on the property, the petitioner
will enter into an agreement to pay a pro -rata share of a traffic control signalization
at the intersection of Bandera Boulevard and SH 78.
The City of Pueblo will be responsible for providing police and fire protection services to
the property. In addition the public roads and sanitary sewer main extensions will be
maintained by the City of Pueblo once they have been constructed and accepted by the
City.
Reception 1433655
04/09/2002
ANNEXATION AGREEMENT
This Annexation Agreement entered into as of Marc 25
between the City of Pueblo, a Municipal Corporation, (the "City ") and
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"Petitioner "), WITNESSETH
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(the
WHEREAS, the Petitioner is the owner of the real property located in Pueblo County,
Colorado, and described in 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 THEREFORE, 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 an (ind al) (a 4/4— duly organized and validly
existing under the laws of Co%Pe -sari ) (strike and complete as applicable).
(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) 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. 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. 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 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:
(1) Development Plan The Development Plan shall be prepared in accordance with the
requirements of Sections 12- 4- 5(a)(2) and 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. Water quality management and erosion control measures will be
incorporated in the Drainage Plan to meet future NPDES requirements. 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
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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.
(3) Sanitary Sewer Plan The Sanitary Sewer Plan shall be prepared in accordance with
the Sanitary Sewer Design Criteria and Policies for City of Pueblo published May 12, 1999, or as
same may hereafter be amended, and be certified 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 non - backbone system (less than 15 -inch diameter) 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, an Agreement to partially recover cost of constructing
oversized or off -site sewer collection system improvements ( "Agreement ") will be entered into
between the Petitioner and the City in accordance with Chapter 5, Title XVI 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 Agreement may include
provisions allowing the Petitioner to be reimbursed in accordance with said Chapter 5 of the City's
ordinances.
The Agreement will comply with the City's then existing applicable ordinances but shall not
require any cost recovery from the City except to the extent that funds therefor 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 for oversizing the sanitary sewer system within the Property.
(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
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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.
(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 is adjacent to or 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 or to 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.
Petitioner may submit the Master Development Plan to the Planning and Zoning
Commission for approval any time after the City Council has found the petition for annexation of
the Property to be valid in accordance with the provisions of section 31 -12 -107, C.R.S.; provided
however, that the proposed Master Development Plan shall not be approved prior to the time the
ordinance annexing the Property is approved on final presentation. The City may refuse to approve
any building or occupancy permit for any portion or all of the Property until after a Master
Development Plan is approved.
III. ZONING AND SUBDIVISION
(1) No application for subdivision of all or any part of the Property shall be submitted
to or considered by the City until after the Master Development Plan has been approved by the
Planning and Zoning Commission; provided, however, that if the Property is intended to be included
in a single subdivision, the application for such subdivision may be submitted at the time the Master
Development Plan is submitted to the Planning and Zoning Commission. No subdivision of the
Property shall be approved prior to the time the ordinance annexing the Property is approved on first
presentation.
(2) Petitioner must initial either of the following:
The Property shall be classified in the City zone or classification district most nearly
corresponding to the zone or classification district in which the Property was classified under the
terms and provisions of the Pueblo County Zoning Resolution, or
Petitioner will file an application to rezone the Property to A 4ul� Z Districts
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no later than ninety (90) days after the time of approval of the annexation ordinance.
If the Property is not so zoned, City may refuse to approve any building or occupancy permit for
any portion or all of the Property.
(3) A petition to zone the Property may be filed concurrently with the petition for
annexation of the Property. The Planning and Zoning Commission may hear the petition for
rezoning and make its recommendations thereon prior to annexing the Property, but such rezoning
may not be approved prior to the time the ordinance annexing the Property is approved on final
presentation.
IV. PUBLIC FACILITIES
The Petitioner 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 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 Qwest (telephone /data transmission)
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 zoning of the Property shall meet and comply with all
applicable ordinances, resolutions, regulations, and standards of the City now existing or hereinafter
enacted or amended.
VII. BINDING 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 Petitioner
and its legal representatives, successors, assigns and transferees. The Petitioner expressly accepts
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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. If Petitioner defaults in any
of its obligations under this Annexation Agreement, including, without limitation, land dedication
obligations, City, upon notice given to Petitioner specifying the default, may withhold all subdivi-
sion, special area plan, and other development approvals as well as building and occupancy permits
for any building or structure within the Property until such default has been corrected to the
satisfaction of the City.
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.
The Petitioner acknowledges and agrees that neither this Annexation Agreement nor any
provision hereof, nor the annexation of the Property to the City, nor the approval of the Master
Development Plan, zoning or subdivision, 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 or occupany permit shall be approved by the City or issued by the Pueblo
Regional Building Department to occupy, construct or install any building, structure or other
improvement on the Property except within a subdivision approved by the City after adoption of the
ordinance annexing the Property which meets and complies with this Annexation Agreement and
in
City's ordinances, standards, and regulations.
XII. DISCONNECTION
(1) Disconnection by Petitioner Petitioner acknowledges and agrees that upon
annexation of the Property, the Property shall become subject to this Annexation Agreement, 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 -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) Disconnection by City If, for any reason, the Master Development Plan is not
approved and adopted by the Planning and Zoning Commission within three (3) 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 Petitioner irrevocably consents to such disconnection
proceedings and waives any and all rights to contest such disconnection.
XIII. CONTRACTUAL NATURE OF ANNEXATION AGREEMENT
The terms, conditions and obligations of this Annexation Agreement are and shall be
construed to be purely contractual in nature, as terms, conditions and obligations voluntarily agreed
to by City and Petitioner prior to annexation of the Property to the City. The terms, conditions and
obligations imposed on Petitioner and the Property by this Annexation Agreement are not nor shall
they individually or cumulatively be construed to be conditions upon granting land -use approvals
within the meaning of sections 29 -20 -201 to 29 -20 -204, C.R.S.
XIV. SPECIAL IMPROVEMENTS, DEDICATIONS AND IMPACT FEES
In addition to the on -site and off -site improvements and land dedications required to be made
by the provisions of this Annexation Agreement, Petitioner will construct and install the
improvements, dedicate the land, and pay or cause to be paid the impact fees described in Exhibit
"B" attached hereto and incorporated herein. The improvements, dedication, and impact fees
described in said Exhibit "B" are in addition to and not in substitution for any improvements or
dedications otherwise required by this Annexation Agreement.
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(1) Notice All notices or other communications hereunder shall be sufficiently given
and shall be deemed given when personally 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: .+k AU &'g C-
as P:::C>,e 0 09/ 1/'0
me;-, Ga Eto ;
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 law 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. 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.
(5) Entire Agreement All prior discussions, representations, understandings and
agreements, whether oral or written, between the parties with respect to the subject matter of this
Annexation Agreement are merged in this Annexation Agreement, which constitutes the entire
agreement between the parties.
acectted at P4leblo, Colorado as of the day and year first above written.
71 1 PUEB , a Municipal Corporation
By
Attu'. President of the City Council
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APPROVED AS TO FORM:
City Attor Uy
[SEAL]
Attest:
By
Title
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO
Ridgegate at Pueblo, LLC
By:
Title: Man ger
The foregoing instrument was acknowledged before me this l
20 G2 by Mi chael Occhi ato as President
Gina Dutcher
day of V ,
of City douncil and
as City Clerk of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
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STA LOW
expires: -
Notary Public
1433655
Page: 9 of 15
04/09/2002 11:27A
ChrisC.Munoz Pueb1oCtyC1k &Rec ANNX AG R 75.00 D 0.00
PETITIONER:
ss.
The foregoing instrument was acknowledged before me this 14th day of March ,
2002 by Roger H. Fonda as Manager of Ridgegate at Pueblo, LLC
Witness my hand and official seal
My commission expires: 06103103
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N otary Public Sharon T ohnson
EXHIBIT "A"
LEGAL DESCRIPTION
AREA NO. 1:
ALL THAT PORTION OF THE E V2 OF THE NE V4 OF SECTION 17,
TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6 TH P.M., LYING NORTH
OF THE NORTHERLY RIGHT -OF -WAY LINE OF COLORADO STATE
HIGHWAY NO. 78, AS PRESENTLY LOCATED, IN THE COUNTY OF
PUEBLO, STATE OF COLORADO.
CONTAINING 69.28 ACRES, MORE OR LESS.
ALL OF THE W V2 OF THE NE1 /4 OF SECTION 17, TOWNSHIP 21 SOUTH,
RANGE 65 WEST OF THE 6 TH P.M. IN THE COUNTY OF PUEBLO, STATE OF
COLORADO.
CONTAINING 81.47 ACRES, MORE OR LESS.
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ChrisC.Munoz PuebloCtYClk&Reo RNNX AG R 75.00 D 0.00
EXHIBIT "B"
SPECIAL IMPROVEMENTS, DEDICATIONS, AND IMPACT FEES
(VENTANA ANNEXATION AGREEMENT A- 01 -04)
1. The primary access to and from the Property shall be Bandera Boulevard. Any access
from State Highway 78 (SH 78) will be secondary and restricted to three - quarter movement (left -in,
right -in and right -out permitted; left -out prohibited). The Transportation Plan and roads within the
Property will be designed and developed so that primary access is to Bandera Boulevard and
secondary limited access is to SH 78. Notwithstanding the foregoing, Petitioner may elect to provide
access for the first subdivision of the Property (not to exceed seventy lots) from SH 78. In such
event, City will support Petitioner's request to the Colorado Department of Transportation (CDOT)
for a temporary full- movement access permit from SH 78 until Bandera Boulevard is constructed.
Such temporary access will be located approximately one - quarter mile west of the intersection of
Bandera Boulevard and SH 78. If a temporary full movement access permit from SH 78 is obtained
from CDOT, Petitioner shall in writing advise all purchasers of lots in the Property of the temporary
nature of and future restrictions on such access. All costs and expenses of obtaining either the three-
quarter movement or the temporary full- movement access permit from CDOT and all improvements
required thereby shall be the sole responsibility of Petitioner and shall not be subject to
reimbursement as Reimbursable Costs described in Section 3 hereof.
2. Petitioner shall, at its cost and expense, not later than one - hundred eighty (180) days
after the issuance of the first building permit for construction within the first subdivision that
includes any portion of the Property (a) obtain an access permit for Bandera Boulevard pursuant to
the SH 78 Access Control Plan from CDOT, (b) dedicate to the public or deed to the City a 100 -foot
right -of -way for Bandera Boulevard in an alignment approved by the Director of Public Works
2/22/02 -1-
between SH 78 and the Property, and (c) construct and install all improvements required by CDOT
and the access permit. All such costs and expenses incurred by Petitioner shall be part of the
Reimbursable Costs described in Section 3 hereof.
Should the Petitioner, after good faith efforts, not be able to acquire from the property
owners the 100 -foot Bandera Boulevard right -of -way between the Property and SH 78 in an
alignment acceptable to the City, the City will, to the extent legally permissible, exercise its power
of eminent domain to acquire the right -of -way. Petitioner shall be responsible for all compensation,
damages, cost and expense of condemnation, including reasonable appraisal, expert witness and
attorney fees, which shall be part of the Reimbursable Costs described in Section 3 hereof.
On or before the issuance of the fiftieth (50th) building permit for construction within the
Property, Petitioner shall commence and thereafter diligently complete construction and installation
of (a) two (2) lanes of travel, each lane not less than 12 feet in width, and a 16 foot wide median and
landscaping in Bandera Boulevard between SH 78 and the Property at such locations in Bandera
Boulevard as the Director of Public Works shall approve, and (b) all improvements required by
CDOT and the access permit. All road and other improvements shall comply with the City's
Standard Construction and Standard Details (February 26, 2001). All costs of construction and
installation of such improvements incurred by Petitioner shall be part of the Reimbursable Costs
described in Section 3 hereof.
If any of the above requirements are not timely met and complied with for any reason, the
City may in its sole discretion refuse to issue additional building permits for construction within the
Property. If the roadway right -of -way is not dedicated or deeded to the City within said one - hundred
(180) day period, or if construction of two lanes of travel and median of Bandera Boulevard is not
commenced upon the issuance of the fiftieth (50th) building permit, all then existing and outstanding
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building permits for construction within the property, except those building permits under which
actual construction commenced prior to the expiration of said one - hundred eighty (180) day period,
shall be canceled.
3. In order to fund the cost and expenses for the development and construction of
Bandera Boulevard including access and traffic signalization ( "Bandera Project "), Petitioner and any
subsequent owner of all or any part of the Property shall, as a condition of the issuance of a building
permit for the construction of one or more dwelling units within the Property, pay a development fee
of $2,000.00 for each dwelling unit to be constructed within the Property ( "Fee "). The Fee shall be
paid to the City at the time a building permit is issued for each dwelling unit and shall be deposited
in an interest - bearing account identified as the "Bandera Boulevard Account." Monies on deposit
in the Bandera Boulevard Account shall be used only for the Bandera Project. Petitioner, for itself
and its successors and assigns, including all subsequent owners of land within the Property, stipulate
and agree that there is an essential nexus between the Fee and the City's legitimate interest in
providing for the construction and development of Bandera Boulevard, and that the Fee is roughly
proportionate both in nature and extent to the impact of the proposed development of the Property.
If Petitioner incurs cost and expenses for the installation and construction of any part of the
Bandera Project which Petitioner was not required to install or construct pursuant to City's
subdivision ordinances or any Subdivision Improvements Agreement between City and Petitioner
( "Reimbursable Costs "), Petitioner may request reimbursement from the Bandera Boulevard Account
for the Reimbursable Costs. If Petitioner is required by the Subdivision Improvements Agreement
to install all four lanes, median and landscaping of Bandera Boulevard adjacent to the Property, the
cost of installing two (2) lanes of travel and 1/2 of the median and landscaping costs shall be part
of the Reimbursable Costs. All requests for reimbursement shall be made to the Director of Public
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Works upon such forms and with such supporting documents as the Director of Public Works shall
determine. Request for reimbursement may not be submitted until after the improvements
comprising a part of the Bandera Boulevard Project for which reimbursement is requested have been
constructed or installed and approved by the Director of Public Works, but in no event later than two
(2) years after the improvements have been constructed or installed.
If there are inadequate monies in the Bandera Boulevard Account to pay in full the requested
Reimbursable Costs, the unpaid balance thereof shall be paid without interest as monies in the
Bandera Boulevard Account become available for such payment.
Reimbursable Costs shall not be in addition to any cost recovery available to Petitioner under
Section 12 -4 -12 of the Pueblo Municipal Code ( "Cost Recovery "). Any Cost Recovery to which
Petitioner shall be entitled pursuant to said Section 12 -4 -12 with respect to all or any part of the
Reimbursable Costs for which Petitioner has filed a request for reimbursement shall be collected by
the City and deposited in the Bandera Boulevard Account.
4. If the City shall impose an impact fee for the purpose of developing and constructing
Bandera Boulevard including access and traffic signalization as presently established and as located
and constructed in the future ( "Impact Fee "), the Fee required by Section 3 hereof shall no longer
be required to be paid for that portion of the Property subject to the Impact Fee prior to the issuance
of building permits for dwelling units within the Property issued after the effective date of the
imposition of the Impact Fee, provided, however, that Petitioner and each subsequent owner of land
within the Property shall consent to and pay the Impact Fee in lieu of the Fee. In order to implement
this Section and Section 3 above, Petitioner shall place restrictive covenants of record sufficient to
bind all land within the Property thereto.
5. Petitioner may design, construct, and maintain a monument -style roadway
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identification sign at or near the Bandera Boulevard access to the Property within the non - roadway
portions of the Bandera Boulevard public right -of -way, including the median on Bandera Boulevard
for the purpose of identifying Bandera Boulevard as the primary entrance to the Property. Such sign
shall not create a traffic hazard and must be in conformance with all City regulations and be
approved by the Subdivision Review Committee and maintained by the Petitioner or a subsequent
Homeowner's Association.
6. As a condition to the approval of the first subdivision which includes any portion of
the Property, the Petitioner will enter into an agreement to pay a pro -rata share of a traffic control
signalization at the intersection of Bandera Boulevard and SH 78. Petitioner's pro -rata share will
be determined at the time of approval of the first subdivision which includes any portion of the
Property by a traffic analysis approved by the City and CDOT. Petitioner's pro -rata share will not
be subject to reimbursement as Reimbursable Costs described in Section 3 hereof.
7. Petitioner will, at the request of the City, sign a petition pursuant to Chapter 9, Title
XII, of the Pueblo Municipal Code to include the Property within a special district for the purpose
of providing for the maintenance of all landscaping within the right -of -way along Bandera Boulevard
as presently established and as located and constructed in the future. In order to implement this
covenant, Petitioner shall place restrictions of record sufficient to bind all the land within the
Property and subsequent owners thereof to this covenant.
8. After dedication of Bandera Boulevard right -of -way described in Section 2 hereof,
City will request Pueblo County to rezone the triangular parcel of land between Bandera Boulevard,
SH 78, and the easterly portion of the Property to a zone district compatible with Petitioner's
proposed use of the Property.
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