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HomeMy WebLinkAbout07001Reception 1517515 08/04/2003 ORDINANCE NO. 7001 AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS REGENCY PARK WEST AND DESCRIBED AS WEST OF KINGSROYAL BOULEVARD AND LEHIGH 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, 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: The NW% less the E' /2 E' /2 NW /. of Section 9, Township[ 21 South, Range 65 West of the 6th P.M., County of Pueblo, State of Colorado. Less portion sold to John Venezia Realty Consultant Inc. by Reception No. 539215. Less Portion annexed to the City by Reception No. 1215491. Containing 89.72 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 for recording three 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. § 3745 -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 CC January 1, 2004. INTRODUCED May 27, 2003 BY Al Gurule COUNCIL PERSON APPROVED PRESID T OF CITY COUNCIL ATTEST: TY CLERK PASSED AND APPROVED: June 9, 2003 Reception 1517522 08/04/2003 ANNEXATION AGREEMENT CASE NO. A -02 -05 Regency Park West Annexation This Annexation Agreement entered into as of :T,', � , 2003, by and between the City of Pueblo, a Municipal Corporation, (the "City") and Christine Hudspeth Pohja, Lee Ann Gottfried, Melanie Mellenbruch, Jaime Hudspeth, Phil K. Hudspeth IV, and Polly Kay Venard, individuals and the Kerry L. Lorincz 1989 Revocable Trust, a California Revocable Trust (herein collectively the "Petitioner "), WITNESSETH 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 ofthe Property to the City; and WHEREAS, as a condition precedent to the annexation ofthe 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) Petitioners are an individual and a Revocable Trust duly organized and validly existing under the laws of California (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 ofthe 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 Co 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) ofthe 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 ofthe 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. (3) Sanitary Sewer Plan The Sanitary Sewer Plan shall be prepared in accordance with CA 4/22/03 -2- 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 ofthe 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 ofthe 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 therefore 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 oftransportation 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 ofthe 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 CA 4/22/03 -3- 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. 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 ifthe 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 final presentation. (2) Petitioner agrees: The property shall initially be zoned Agricultural One (A -1) for a period up to but not exceeding 120 months from the date of this Annexation Agreement. However, no building or occupancy permit shall be approved by the City or issued by the Pueblo Regional Building Department for any building or structure within any portion of the Property classified as Agricultural One (A -1) zone district until after that portion of the Property is rezoned to either an R -1 or R -2 District. If the Property is not so rezoned, no building or occupancy permit shall be approved by the City or issued by the Pueblo Regional Building Department for that portion of the Property. Additionally, during the period of 120 months after date of this Annexation Agreement, the property shall not be rezoned to any Zone District other than R -1 or R -2. (3) A petition to zone the Property may be filed at any time after the petition for annexation has been found to be valid in accordance with the provisions of Section 31 -12 -107, C.R.S. The Planning and Zoning Commission may hear the petition for rezoning and make its recommendations thereon prior to annexing the Property, but the proposed zoning ordinance shall CA 4/22/03 not be passed on final presentation prior to the date 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 stone sewers), Public Service Company (natural gas), Aquila (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 ofthe 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 and agrees to the covenants, restrictions, and agreements set forth herein by execution ofthis Annexation Agreement and by the Sling 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 subdivision, 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. XL BUILDING PERMITS No building or occupancy 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 ofthe ordinance annexing the Property which meets and complies with this Annexation Agreement and 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.1LS. 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 "C" attached hereto and incorporated herein. The improvements, dedication, and impact fees described in said Exhibit "C" are in addition to and not in substitution for any improvements or dedications otherwise required by this Annexation Agreement. XV. MISCELLANEOUS (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: Phil K. Hudspeth IV 7411 Pine Bluff Drive West Pueblo, CO 81004 or to such other address as either party by written notice given hereunder may designate. (2) Governing Law and Venue 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. Venue for any action arising out of this Annexation Agreement shall be Pueblo County, Colorado. (3) No Thud 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. Executed at Pueblo, Colorado as of the day and year first above written. PUEBLO,a [SEAL] Attest: City C k APPROVED AS TO FORM: City Attor [SEAL] LM City Council PET PHIL K HUDSPETH IV Attest: By Title [SEAL] Attest: By Title CHRISTINE HUDSPETH POMA By l , POO,174t 654 ~ / I Philp ufispeth IV, her Attorney in fact LEE ANN GOTTFRIED [SEAL] By Title [SEAL] Attest: By Title [SEAL] Attest: By Title [SEAL] Attest: By Title [SEAL] Attest: By Title By S ✓ 77 7 petb IV, her Attorney in fact MELANIE MELLENBRUCH By // IV, her Attorney in fact v� JAIME HUDSPETH By A�4= ,"4w4 fl / speth IV, her Attorney in fact POLLY KAY VENARD B; '�l�. o�p IV, her Attorney in fact KERRY L. LORINCZ 1989 REVOCABLE TRUST a California Revocable Trust k erAr L. Lorincz, Trustee 1517522 IIIIIII VIII IIIIIIIIII IIIIIIIIIIIIIIIIIIIIVIIIIIIIIIII Cj 0 0 D 0 00 /04/2 2 :25P Chli'C,muncz Pueb STATE OF COLORADO ) SS. COUNTY OF PUEBLO) he fore 'ng instrument was acknowledged before me this day of �- —' 2003 , by I �/Q as President of City Council and j rva i t as City C lerk of Pueblo, a Municipal Corporation. my hand and official seal. T [SEAL]:: QoF COV- expires: A- 21 -2(b3 My Commission EzpTres 08212 STATE OF c � 0cadz ) COUNTY O 0,, lo 0 ) ri IlN� ss. The foregoing instrument was acknowledged before me this C j�' day of Z x l 20 by Phil K Hudspeth IV an individual and as attorney in fact for Christine Hudspeth Pohia, Lee Ann Gottfried Melanie Mellenbruch , Jaime Hudspeth and Polly Kay Venard. Witness my hand and official seal mmtsston expires: - �t7E SHEILA M HENDERSON [ S A L ] Notary Public State of Colorado�,� Notary Public c STATE OF CA ) COUNTYOF San Benito ) ss. The foregoing instrument was acknowledged before me this 7 t d o f Jul y 20 Kerry L Loring Trustee for the Kam L Lorincz 1989 Revocable Trust, a California Revocable Trust. Witness my hand and official seal My commission expires: Mar 9, 2007 [SEAL] See attached CA All- Purpose Acknowledgment Notary Public P Page D752225P -10- CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } } COUNTY OF San Benito SS. } On July 7, 2003 before me, the undersigned, a Notary Public in and for said State personally appeared Kerry L. Lorincz Name(s) of Signer(s) ❑ Personally known to me OR U proved to me on the basis of satisfactory evidence to be the persons} whose names} Were subscribed to the within instrument and acknowledged to me that 4Wshe/they executed the same in his /herAheir authorized capacity(ies), and that by .his/her /their signatureW on the instrument the person(s), or the Co mmMNonIT4_04 q entity upon behalf of which the person(s) acted, -. Notary Public - coNomic executed the instrument. Son BeNb County - My Comm. ExpYer Mar 9, 2007 (Area above for official notarial sea[) Witness my hand and official seal. L/11 f Signature of Notary Michele Rosales Name (Typed or Printed) Capacity Claimed by Signer • Individual(s) • Corporate Officer(s) - Title(s) ❑ Partner(s) ❑ Attorney -in -Fact IMX Trustee(s) ❑ Guardian /Conservator ❑ Other: Description of Attached Document (Although this information is optional, it could prevent fraudulent attachment of this certificate to another document.) This certificate is for attachment to the document described below: Tttleor type ofdQcument Annexation Agreement Case No. A-02- Regency Park West Annexation Number of pages 10 Date of document 7/7/03 Signer is Representing: Name of person(s) or Entity(ies) Kerry L. Lorincz 1989 e Trus SAV -191A (7/98) Signer(s) other than named above Phi 1 K. Hudspi Christine Hudspeth Pohja,Lee Ann Gott: Melanie Mellenbruch,Jaime Hudspeth, roily tray venard IIII INI����I��IIII�����I��I�III I��� 05 D 0 00225P ChrisC. Munoz Pueblo Y �th, ried IIIIII VIII IIIIII IIII IIII IIIIIII IIIIII III IIIIII III IIII 851 052225P ChrisC.Mun= PUeh10Ct YC1k &Rec ANN% AG R 126.00 D 0.00 EXHIBIT A LEGAL DESCRIPTION The NW '/4 less the E'' /z E'' /z NW' /4 of Section 9, Township 21 South, Range 65 West of the 6 P.M., County of Pueblo, State of Colorado. Less portion sold to John Venezia Realty Consultant Inc. by Reception NO. 539215. Less Portion annexed to the City by Reception No. 1215491. Containing 89.72 acres, more or less. IIIIII VIII IIIIII IIII IIII IIIIIII IIIIII III IIIIII III IIII 851 0 52 225P R 126.00 D 0.00 EXHIBIT B "None" EXHIBIT "C" SPECIAL IMPROVEMENTS, DEDICATIONS AND IMPACT FEES REGENCY PARK WEST (A -02 -05) ANNEXATION AGREEMENT 1. Off -Site Roadways In compliance with the Pueblo Area Transportation System Plan, the City of Pueblo will identify for the Petitioner the alignment of off -site freeways, arterials and collectors, which provide connectivity to the Property. Petitioner will cause all local roadways within the Property to connect with all adjoining local roadways. "Identify" does not mean or include surveying or engineering services. 2. Bandera Corridor Roadways and Arroyo Crossings Assessments In order to fund the cost and expenses for the design, engineering, and construction of Bandera Parkway, Red Creek Springs Road, and Lehigh Avenue including three arroyo crossings as shown on the attached Exhibit "C -1 ", (herein the Bandera Corridor Project Area "). 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 $2,200.00 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 Account." Monies on deposit in the Bandera Corridor Account shall be used only for the Bandera Corridor Improvements and shall not fund infrastructure or utility improvements located within the rights -of -way of Bandera Parkway, Red Creek Springs Road, or Lehigh Avenue. Petitioner, for IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII IIII Page; t ChrisC.Munoz Pueb1cCtyC1k&Reo ANN% AG R 120.00 D 0.00 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 the Bandera Corridor Improvements, and that the Fee is roughly proportional 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 Corridor Improvements, ( "Reimbursable Costs "), Petitioner may request reimbursement from the Bandera Corridor Account. All requests for reimbursement shall be made to and approved by the Director of Public Works based upon the Cost Estimate attached as Exhibit C -2. Request for reimbursement shall be made 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 Corridor Improvements 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 Corridor Account to pay in full the requested and approved Reimbursable Costs, the unpaid balance thereof shall be paid without interest as fees for dwelling units constructed within the Project and deposited in the Bandera Corridor Account become available for such payment. 1111 IN 11111111111111111111111111111 0 5 1 0 52 225P ChrisC.Munoz Pueb1OClyC1k &Reo ANNX AG R 126.00 D 0.00 Ch .M VIII PUeb1OCtYC1k&Rec IIII IIIIII III IIIIII III IIII 00 Page: D 052225P 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 Corridor Account. 3. Roadway Impact Fee If the City shall impose an impact fee for the purpose of developing and constructing major and minor arterial roadways in the Bandera Corridor Project Area ( "Impact Fee "), the Fee required by Section 2 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 2 above, Petitioner shall place restrictive covenants of record sufficient to bind all land within the Property thereto. 4. Lehigh Avenue a. Right -of -Way and Alignment Primary access to the property will be from Lehigh Avenue. Lehigh Avenue is a minor arterial with a one hundred (100) foot right -of -way and constructed by Petitioner in a 44' paved section between Kingsroyal Blvd. and Bandera Parkway according to the most current adopted roadway standards at the time of 3 IIIIII VIII IIIIII IIII IIII IIIIIII IIIIII III IIIIII III IIII 8 51 0 522 25P ChrisC.Munoz Pueb1oCtyC1k &Rec ANN% AG R 126.00 D 0.00 subdivision. The alignment of Lehigh Avenue shall be in conformity with the Pueblo Area Transportation System Plan and acceptable to the Subdivision Review Committee. At the time of the approval of the first subdivision which includes any portion of the Property, the City will dedicate a 100' right -of -way across a portion of the Hudspeth Park property in an alignment acceptable to the Director of Public Works to be used for the Lehigh Avenue right -of -way and transfer to Petitioner any remaining portion of such property owned by City located south of the dedicated right -of -way of Lehigh Avenue. In exchange for such dedication, the Petitioner agrees to grant a right -of -way along the two arroyos that pass through the Property for a recreational trail, complete the construction of the recreational trail along the Goodnight Arroyo and construct of a sidewalk along the north side of Lehigh Avenue as further clarified in Sections 6 and 7 below. b. Secondary Access Road No more than two thousand (2,000) vehicle trips may be generated (approximately two hundred (200) housing units constructed) before a secondary access other than Lehigh Avenue is provided to all subdivided portions of the Property. City may refuse to approve any subsequent subdivision or issue a building permit until such secondary access is provided. 5. Sanitary Sewer If not already dedicated to the public or deeded to the City, it will be the Petitioner's responsibility, at its sole cost and expense, to acquire and dedicate to the public a sanitary sewer easement in a width and alignment acceptable to the Director of Public Works, to connect from a point on the city's existing sanitary IIIIII VIII IIIIII IIII IIII IIIIIII IIIIII III IIIIII III IIII a 517522 ChrisC.Munoz Puab1oCtyC1k&Rec ANN% AG R 126.00 D 0.00 sewer system within the right -of -way of Thatcher Avenue, identified by the Director of Public Works, to the Property's northern boundary. If Petitioner, after good faith efforts, is not able to acquire from the property owners the sanitary sewer easement between the Property and the right -of -way of Thatcher Avenue in an alignment acceptable to the City, the City will, to the extent legally authorized, exercise its power of eminent domain to acquire the sanitary sewer easement. Petitioner shall be responsible for and shall pay all compensation for the land taken; damages, if any, to the residue of the owner's property, relocation assistance and costs, if any, and all other costs and expenses of condemnation, including, without limitation, appraisals, title insurance, engineering, expert witness, and attorney costs and fees ( "Condemnation Costs "). Petitioner shall within ten (10) days, after request by the City, deposit with the City an estimate of Condemnation Costs as determined by the City Attorney before the City will commence condemnation proceedings. Petitioner shall pay the balance of the Condemnation Costs within ten (10) days after request therefor. If Petitioner fails to exercise good faith in acquiring the sanitary sewer easement or fails to timely pay the estimate of Condemnation Costs or the balance of Condemnation Costs, City will refuse to approve the issuance of building permits to construct structures or buildings within the Property. Petitioner will be responsible for the design and installation of the off -site sanitary sewer line in such size, location and alignment approved by the Director of Public Works. Petitioner may be required to provide additional capacity within this sewer main extension as identified within the Sanitary Sewer Master Plan for the area. 5 1517522 I a IN �111111 1111111111111111111111 00 /04 2 The sanitary sewer system must be designed by a professional engineer and approved by the Director of Public Works. At the time of first subdivision within the Property, certain hydraulic bottlenecks within the City's existing sanitary sewer system, not identified as part of the backbone system, may be required to be improved by the Petitioner, based upon a flow analysis of the system performed by the City. The cost of these improvements will be the responsibility of the Petitioner. Depending upon the point of connection to the sanitary sewer system, the petitioner may incur and have to pay and /or be eligible for Cost Recovery per Section 16 -5 -5 of the City's Code of Ordinances for all or a portion of the cost of the sewer main extension or improvements to the existing sanitary sewer system. 6. Trail Right -of -Way Dedication and Construction Petitioner shall at the time of the first subdivision within the Property dedicate or cause to be dedicated a 20' wide recreational trail right -of -way along the banks of the two arroyos, providing for both a surface crossing and a possible future trail underpass below Lehigh Avenue, connecting to the City's Hudspeth Park property and a crossing of the north and south arroyo. The right -of -way shall be located outside the prudent line setback of the 100 -year flood plain paralleling the arroyos, except for the portion of the right -of -way that passes across the Goodnight Arroyo connecting the trails and the section of the right -of -way that could be utilized for a future trail underpass below Lehigh Avenue. The alignment of the trail right -of -way shall be acceptable to the Director of Parks and Recreation. The Petitioner shall be responsible for all costs incurred for the dedication of the trail right -of -way to the City. Il 1111 IN1111111111111111111111111110 5175GG Page: 20 of ChrisC.Munoz PuebloCtyClk6Rec ANN% AG R 126.00 D 0.00 Petitioner shall, not later than one - hundred eighty (180) days after the issuance of the first building permit for construction within the first subdivision which includes any portion of the Property, and prior to the issuance of a certificate of occupancy for any structure within said property, construct at its sole expense a 10' wide concrete trail along the eastern bank of the Goodnight Arroyo within the dedicated trail right -of -way between the north and south boundaries of the Property. The construction of the recreational trail as shown on Exhibit C -3 must be in compliance with the City's standard construction specifications and standard details then in effect, and in an alignment as shown on plans and profiles approved by the Director of Public Works. If the concrete trail is not constructed within said one - hundred eighty (180) day period all then existing and outstanding 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. 7. Sidewalks Bordering Hudspeth Park Within one hundred eighty (180) days of the issuance of the first building permit for the construction of any building or structure within the Property, Petitioner shall, in addition to any sidewalks required to be constructed within the Property, construct at its sole expense a 5' wide concrete sidewalk along the north side of Lehigh Avenue bordering Hudspeth Park. The Director of Public Works shall approve the design and specifications of the sidewalks, prepared by the Petitioner, prior to the construction of the sidewalk. If the sidewalk is not constructed within said one - hundred eighty (180) day period all then existing and 7 11110 � IN 1111111111111III1111111II1111 Page: 052z25P ChrisC.Munoz Pueb1oCtyC1k &Rec HNNX AG R 126.00 D 0.00 outstanding 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. 8. Inclusion of City Property within Annexation Plat The Petitioner shall include within the area to be annexed, the 10 -acre Hudspeth Park site owned by the City of Pueblo and to fully bear all the cost included in preparing the annexation plat. Petitioner will not be required to pay the annexation fee imposed by the City for the acreage included in the park site. 0 EXHIBIT C -1 Bandera Corridor Project Area a rn ry N N N N�mm � o FZ N N a N am �a mm m r_ O N w � a x z z � u U - r - 0 O � 4 D � J - E - U b = . L U Barbera Corridor Project Area Future Roads Existing Roads City Limit Hudspeth Annexation Paris. Scads & Open Space Regency Park Mat Animatio I Anap � awwn° Regency Park Wes[ Annexation Ventarta Annexation 0 420 840 1, 2520 3,760 Feat E IN IM N W +E EXHIBIT C -2 Bandera Corridor Project Area Cost Estimate Roadway and Arroyo Crossings Roadway Improvement Costs Bandera Parkway (48' of asphalt with landscaped median) Curb & Gutter 48' wide Asphalt Median Cut & Fill Design /Engineering (11 %) Total $216.00/ft. Red Creek Springs /Lehigh Ave. (East of Bandera Parkway) Curb & Gutter 44' wide Asphalt Cut & Fill Design /Engineering (11 %) Total $150.00/ft. Red Creek Springs /Lehigh Ave. (West of Bandera Parkway) Curb & Gutter 60' wide Asphalt Cut & Fill Design /Engineering (11 %) Total $189.00/ft. $40 perft 10000 ft $400,000 $100 perft 10000 ft $1,000,000 $30 perft 10000 ft $300,000 $25 perft 10000 ft $250,000 $214,500 $20 perft 5980 ft $119,600 $90 perft 5980 ft $538,200 $25 perft 5980 ft $149,500 $88,803 $20 perft 3930 ft $125 perft 3930 ft $25 perft 3930 ft $2,164,500 $896,103 $78,600 $491,250 $98,250 $73,491 $741,591 $2,164,500 $896,103 $741,591 IIIIII VIII IIIIII IIII IIII IIIIIII IIIIII II II IIII I II 851752225P ChrisC.Munoz Pueb1cCtyC1k &Rec RNNX AG R 126.00 D 0.00 Page 1 of 2 Bardera Corridor Project Area Cost Estimate Roadways and Arroyo Crossings Bandera Parkway (north) Red Creek Springs Road Lehigh Avenue Bandera Parkway (south) Estimated Total Cost for Roadway Crossings TOTAL COST FOR ROADWAYS AND CROSSINGS Cost Per Lot (714 acres x 4 lots /acre) 2856 lots $1,100,000 $450,000 $450,000 $500,000 $2,500,000 $6,302,194 $2,200 IIIIIII VIII IIIIII IIII IIII IIIIIII IIIIII III IIIIIII II IIII 851 2 0 52 2SP ChrisC.Munoz PuebloCtyCIMeo ANNX AG R 126.00 D 0.00 Page 2 of 2 EXHIBIT C -3 a N N IN r4 . N N m a�amm m 10 rc L+ o� a � K z z - O u -U O � a 0 - a O J - U = L U 6aAV � a.w•vw.xwmrv...rw ayuw 0 ��d9MiMVmi4m N W + 800 0 200 100 800 1.200 1.800 S Fee[ Recreational Trail