HomeMy WebLinkAbout07029Reception 1526537
09/18/2003
ORDINANCE NO. 7029
AN ORDINANCE ANNEXING THE AREA
COMMONLY KNOWN AS THE HUDSPETH
ANNEXATION AND DESCRIBED AS WEST
OF LEHIGH AVENUE EXTENDED AND
NORTH OF STATE HIGHWAY 78
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:
All of the E' /2 of the NE'/ and the N Y2 of the NE'/ of the SE 1 /4 of
Section 8, Township 21 South, Range 65 West of the 6 P.M. in the County of
Pueblo and State of Colorado.
Containing 100 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. § 37-45 -136
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, 2004.
A l i t .
or
ATTE
CITY CLERK
INTRODUCED July 14, 2003
BY Al Gurule
COUNCIL P ON
APPROVED
PRESI NT OF CITY COUNCIL
PASSED AND APPROVED: July 28, 2003
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Reception 1526539
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1526539
ANNEXATION AGREEMENT
CASE NO. A-03-03 Hudspeth Annexation
This Annexation Agreement entered into as of o t3t , 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 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) 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.
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(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
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
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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 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 of transportation and
registered in the State of Colorado. Associated impacts on City's existing and proposed traffic and
roadway systems shall be identified in the Transportation Plan and studies,and those impacts which
are reasonably attributable to the development of the Property as determined by the City, in its sole
discretion, shall be mitigated through traffic improvements constructed and installed by and at the
expense of the Petitioner(such as,but not limited to,traffic signals,signal interconnect,conduit and
wire,deceleration/acceleration lanes, and median islands). The Transportation Plan shall include a
phasing plan or schedule of such traffic improvements. If street improvements through or adjacent to
property outside the Property are required to be constructed,the Petitioner will pay the entire cost of
such improvements and thereafter be eligible for such cost recovery as may be provided under
Section 12-4-12 of the Pueblo Municipal Code or as same may hereafter be amended, but shall not
be eligible for any cost recovery from the City.
(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
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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+Vplication 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 inna 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 must approve and initial one of the following:
The Property shall be zoned , the land use classification
most nearly corresponding to the land use classification into which Property has been classified under
the City' comprehensive plan.
i0 he property shall be zoned Agricultural One (A-1) for a period not to exceed /2 0
mont 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 zoned in the land use classification most nearly corresponding to
the land use classification into which such land has been classified under the City's comprehensive
plan.
Petitioner will file an application to rezone the Property to a District
( ) no later than ninety(90)days after the time of approval of the annexation ordinance.
If the Property is not so zoned, no building or occupancy permit shall be approved by the City or
issued by the Pueblo Regional Building Department for any part of the Property.
(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 al"id Zoning Commission may hear the petition for rezoning and make its
recommendations thereon prior to annexing the Property, but the proposed zoning ordinance shall
not be passed on final presentation prior to the date the ordinance annexing the Property is approved
on final presentation.
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IV. PUBLIC FACILITIES car- sc Munoz PuebloCt Clk&Rei ArJNX AG R 111 .00 D 0.00
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),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 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 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 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
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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 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 of the
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
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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"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 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
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(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.
E_xccuted at Pueblo, Colorado as of the day and year first above written.
PUEBLO . ic.a . 6orporatio
[ SEAL ]
p By
Attest: v. -,.. vs_N President of the City Council
City rk
APPROVED AS TO FORM:
City Attorney
PETI
[ SEAL ]
PHIL K. HUDSPETH IV
Attest:
By - --
Title
CHRISTINE HUDSPETH POHJA
[ SEAL ] /
BY ba.Vezcv /. i / car:1
Attest: eeth IV, her Attorney in fact
By
Title
-8-
LEE ANN GOTTFRIED
[ SEAL]
By - .o: _ 1G' 7e/= ?
Attest: speth IV, her Attorney in fact
By
Title
MELANIE MELLENBRUCH
[ SEAL]
By A Ai 4aet- ?,try
Attest: /3 11 K. 4 speth IV, her Attorney in fact
By
Title , _ _--
JAIME HUDSPETH
[ SEAL]
By J = (L/k,-7/-
Attest:
L/k;-7/_Attest: 6 f P.' . . peth IV, his Attorney in fact
By
Title •-y-�—
POLLY KAY VENARD
[ SEAL] ^✓ / `
By /of
Attest: a/Ph' Xspeth IV, her Attorney in fact
By
Title
KERRY L. LORINCZ 1989 REVOCABLE
TRUST, a California Revocable Trust
[ SEAL]
By L--/ e.,./ QL 2
Attest: kehy L. Lorincz,"Trustee
By
Title
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The foregoing instrument was acknowledged before me this 9th day of September ,20 03,by
Bi 11 Soya as President of City Council and
Gi na Dutcher as City Clerk of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
My commission expires: 8-21-2007
[ SEAL]
ry )7kift - li Udl'\--
NotaryPublic
STATE OF 00 .0(''0,4.10 )
COUNTY OF (b ) ss.
The foregoing instrument was acknowledged before me this 4 day of 3144%12 , 2004.3,by
Phil K.Hudspeth IV,an individual, and as attorney in fact for Christine Hudspeth Pohja,Lee Ann Gottfried,
Melanie Mellenbruch , Jaime Hudspeth, and Polly Kay Venard.
Witness my hand and official seal
♦lei o 11 0! e. •i,es: -.-. 14
[ S E 4 L] SHEILA M HENDERSON
Notary Public , : Pili( 1 V ,
1 State of Colorado L.Gc(/ IUUU
Notary Public
STATE OF CA Art,ict„ )
COUNTY OF 641'7 132/u, ) ss.
The foregoing instrument was acknowledged before me this SD'µday of /'pCt, l , 2003,by
Kerry L.Lorincz, Trustee for the Kerry L. Lorincz 1989 Revocable Trust,a California Revocable Trust.
Witness my hand and official seal
My commission expires: NOV•A.5;‘,/004/
[ SEAL]
4 j a, 41Y:1A—
a SHERRY A. BITTER
N. a Public
. Commission# 1387169 '
w yl:v. Z
`z . -rr8. Notary Public - California f.,► San Benito County
My Comm.Expires Nov 25,2006
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EXHIBIT A
LEGAL DESCRIPTION
All of the E '/2 of the NE '/a and the N `/2 of the NE 1/4 of the SE 1/4 of Section 8,
Township 21 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of
Colorado.
Containing 100 acres, more or less.
EXHIBIT B
"None"
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EXHIBIT "C"
SPECIAL IMPROVEMENTS, DEDICATIONS AND IMPACT FEES
HUDSPETH ANNEXATION (A-03-03)
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
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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.
2
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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
and in a 60' paved section between Bandera Parkway to the western boundary of
3
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the Property according to the most current adopted roadway standards at the time
of subdivision. The alignment of Lehigh Avenue shall be in conformity with the
Pueblo Area Transportation System Plan and acceptable to the Subdivision
Review Committee.
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
building permits 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
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
4
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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.
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
5
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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
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 south bank of the arroyo. The right-of-way shall be located outside the prudent
line setback of the 100-year flood plain paralleling the arroyo. The alignment of
the trail right-of-way shall align with other trail rights-of-way along the south bank
of the arroyo dedicated to the City east or west of the boundary of the annexation
and shall be in an alignment 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.
6
EXHIBIT C-1
Bandera Corridor Project Area
}y
G ...r `-. ' E
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f Arroyo
a Crossing
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._IN v cei i Crossing
rl
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MII-IIMIIIIM o Regency Park
MIIIIIIIM' Hu speth West Annexation e §
a An -xation
ellommimo N 1 4
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Legend Annexation
DBandera Corridor Project Area
-Future Roads 111111101- Existing Roads
2 ,City Limit v'
0 Hudspeth Annexation 44k' r N
El Ventana Annexation e /\
W+E
Partes,Schools&Open Space
0 420 840 1,880 2,520 3,380
Q Regency Park West Annexation MI NIilMilFeet S
EXHIBIT C-2
Bandera Corridor Project Area
Cost Estimate
Roadway and Arroyo Crossings
Roadway Improvement Costs
Bandera Parkway (48' of asphalt with landscaped median) $2,164,500
Curb & Gutter $40 per ft 10000 ft $400,000
48' wide Asphalt $100 per ft 10000 ft $1,000,000
Median $30 per ft 10000 ft $300,000
Cut & Fill $25 per ft 10000 ft $250,000
Design/Engineering (11%) $214,500
Total $216.00/ft. $2,164,500
Red Creek Springs/Lehigh Ave. (East of Bandera Parkway) $896,103
Curb & Gutter $20 per ft 5980 ft $119,600
44' wide Asphalt $90 per ft 5980 ft $538,200
Cut & Fill $25 per ft 5980 ft $149,500
Design/Engineering (11%) $88,803
Total $150.00/ft. $896,103
Red Creek Springs/Lehigh Ave. (West of Bandera Parkway) $741,591
Curb & Gutter $20 per ft 3930 ft $78,600
60' wide Asphalt $125 per ft 3930 ft $491,250
Cut & Fill $25 per ft 3930 ft $98,250
Design/Engineering (11%) $73,491
Total $189.00/ft. $741,591
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Page 1 of 2
Bardera Corridor Project Area
Cost Estimate
Roadways and Arroyo Crossings
Roadway Crossings Costs
Bandera Parkway (north) $1,100,000
Red Creek Springs Road $450,000
Lehigh Avenue $450,000
Bandera Parkway (south) $500,000
Estimated Total Cost for Roadway Crossings $2,500,000
TOTAL COST FOR ROADWAYS AND CROSSINGS $6,302,194
Cost Per Lot(714 acres x 4 lots/acre) 2856 lots $2,200
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Page 2 of 2
EXHIBIT C-3
Recreational Trail
...104r,.„,..
\........ 1..$ I il
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Legend
.ice Future Roads
Exison9 Roads N
O Regency Park West Annexation 0 200 400 800 1,200 1,600
Qty Limil
ud pdnAnnexation W E NMI = Feet
lJ Ventere Annexe ron S
Parks,S hods 6 Open Space