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Home My WebLink About07038Reception 1603118 01/19/2005 ORDINANCE NO. 7038 AN ORDINANCE AMENDING THE ANNEXATION AGREEMENTS FOR THE AREA COMMONLY KNOWN AND DESCRIBED AS WEST OF CHERRY CREST DRIVE, NORTH OF RED CREEK SPRINGS ROAD, AS APPROVED BY ORDINANCE NO. 6684 AND AMENDING THE ANNEXATION AGREEMENT FOR THE AREA COMMONLY KNOWN AND DESCRIBED AS SOUTH OF SAGE STREET, NORTH OF ST. CLAIR AVENUE AS APPROVED BY ORDINANCE NO. 6685 WHEREAS, The Proctor Family Partnership, LLLP ( "Petitioner ") petitioned for the annexation of the property commonly known and described as West of Cherry Crest Drive, North of Red Creek Springs Road, and the property commonly known and described as South of Sage Street, North of St. Clair Avenue, and entered into Annexation Agreement Case No. A -00-4 and Annexation Agreement Case No. A -00 -5 for each respective annexation, desires to amend the Annexation Agreements. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Section 2, Exhibit B, Special Improvements, Dedications and Impact Fees, Regency Crest Annexation Agreement No. 11, Case No. A -00-4, and Section 1, Exhibit B, Special Improvements, Dedications and Impact Fees, Regency Crest Annexation Agreement No. III, Case No. A -00-5 are hereby amended to read as follows: (a) To fulfill the Petitioner's park dedication requirements for Regency Crest Subdivision, Filing No. 2, and Regency Crest Subdivision, Filing No. 3, the Petitioner will convey to the City by warranty deed free of liens and encumbrances fee simple title, 5.0558 acres more or less and described as: A portion of the Northwest Quarter (NW /4) of Section Four (4), Township Twenty - one (21) South, Range Sixty -five (65) West of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: Basis of Bearings: The west line of Regency Crest Subdivision, A Special Area Plan, according to the recorded plat thereof, being monumented on both ends by a No. 6 rebar with a 2 -1/2" aluminum cap marked "M2 Surveying PLS 34587" is assumed to bear NO3 °18'38 "E a distance of 1641.38 feet. COMMENCING at the Northwest Corner of Regency Crest Subdivision, A Special Area Plan, according to the recorded plat thereof, THENCE, N87 °23'29 "W a distance of 1073.18 feet to the POINT OF BEGINNING; THENCE, S02 a distance of 192.48 feet to a point of curvature; THENCE, along said curve to the right, having a radius of 650.00 feet, through a central angle of 53 0 18'02 ", a distance of 604.68 feet; THENCE, N31 °26'47 "W a distance of 132.49 feet to a point of curvature; THENCE, along said curve to the right, having a radius of 270.00 feet, through a central angle of 34 °03'18 ", a distance of 160.48 feet; THENCE, NO2 °36'31 "E a distance of 452.68 feet; THENCE, S87 °23'29 "E a distance of 382.04 feet to the POINT OF BEGINNING. Said Property contains 5.0558 acres, more or less. The Property may be greater than the 8% land dedication requirements for Regency Crest Subdivision, Filings No. 2 and No. 3. Any land greater than the 8% may be credited toward future subdivision filings. A portion of the Property is encumbered by a drainage easement. That portion of the Property which is encumbered by the drainage easement and unusable for park purposes, as determined by the Director of Parks, will not be included within the 8% land credit. All subdivision required drainage improvements within the Property will be the responsibility of the Petitioner. The City will agree to allocate the $30,000 it received as cash in lieu of park dedication for Regency Crest Subdivision, Filing No. 1, for park improvement when budgeted as a Capital Improvement Project by the City Council. (b) Prior to the acceptance of the warranty deed for the Property, Petitioner must receive, if required by Pueblo County, a subdivision exemption for the Property. (c) Upon acceptance of the warranty deed for the Property, the City will deed back to the Petitioner Block 2, Lots 44 -64 Regency Crest Filing 2, a Special Area Plan held by the City for park dedication within Regency Crest Subdivision, Filing No. 2. (d) Petitioner agrees to include with the next annexation and subdivision the property as a dedicated park parcel. The Petitioner will bear all of the costs of annexation and subdivision for the Property. In any event, the City will not allow the Petitioner to develop the Property as a detention basin nor will the City budget any funds for park improvements until such time as the Property is annexed and included with an approved subdivision. Petitioner, its successors, and assigns are responsible for all public improvements surrounding the park as required by 12- 4- 7(e)(1). SECTION 2. This Ordinance shall become effective upon Petitioner executing an agreement approving the amendments to the Annexation Agreements set forth in Section 1 and ratifying and confirming the Annexation Agreements which will thereafter be recorded by the City Clerk in the records of the Pueblo County Clerk and Recorder. P INTRODUCED: July 28, 2003 BY: Al Gurul = j ; n 9 0 OF CITY COUNCIL ATTESTED BY: CLERK PASSED AND APPROVED: August 11. 2003 Background Paper for Proposed ORDINANCE ,_,, &d, # 70 3g' AGENDA ITEM # -�j ) 9 DATE: July 28, 2003 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /CATHY GREEN, AICP TITLE AN ORDINANCE AMENDING THE ANNEXATION AGREEMENTS FOR THE AREA COMMONLY KNOWN AND DESCRIBED AS WEST OF CHERRY CREST DRIVE, NORTH OF RED CREEK SPRINGS ROAD, AS APPROVED BY ORDINANCE NO. 6684 AND AMENDING THE ANNEXATION AGREEMENT FOR THE AREA COMMONLY KNOWN AND DESCRIBED AS SOUTH OF SAGE STREET, NORTH OF ST. CLAIR AVENUE AS APPROVED BY ORDINANCE NO. 6685 ISSUE Shall the City of Pueblo amend the park land dedication requirement within Exhibit B to Annexation Agreement Case No. A -00-4 and Exhibit B to Annexation Agreement Case No. A -00 -5 RECOMMENDATION Approve the Ordinance. BACKGROUND The Petitioner for annexation is developing the Regency Crest Area according to a plan which identifies certain park parcels. Due to the phasing of the development, the Petitioner was not able to dedicate park land for Regency Crest Subdivision II and III. The Petitioner chose, as a part of the annexation agreement, to transfer lots within Regency Crest Filing 2 to the City to hold as collateral for the park land dedication until the Petitioner could acquire the land for the park as identified within the master plan. The Petitioner has now acquired the land and is in the process of annexing and subdividing the property. Due to improving home sales, the Petitioner would like to transfer the park parcels to the City prior to completing annexation and subdivision. This would free up the existing lots encumbered by the agreement for sale and development. The Petitioner agrees to pay all the costs of annexation and subdivision for the park parcel and included it within the first subdivision within the newly annexed property. The Petitioner would also like to use the cash in lieu payment for parks paid in the Regency Crest One subdivision to fund the development of the park. This agreement will run with the land so all subsequent owners will be bound by this agreement. The Director of Parks and Recreation has approved the amendment. FINANCIAL IMPACT There should not be any adverse financial impact to the City. The Petitioner will be bound by all City ordinances including developing the roadway around the park. The City will budget the funds paid as cash in lieu for Regency Crest Filing One to develop the park. Reception 1603119 01/19/2005 AMENDMENT TO ANNEXATION AGREEMENT CASE NO. A -00 -04 This Amendment to Annexation Agreement entered into as of October 31 - 5 2003, by and between the City of Pueblo, a Municipal Corporation, (the "City ") and THE PROCTOR FAMILY PARTNERSHIP, LLLP (the "Petitioner "), WITNESSETH WHEREAS, the Petitioner desires to amend the Annexation Agreement, Case No. A -00 -4 entered into for the property commonly known and described as West of Cherry Crest Drive and North of Red Creek Springs Road. NOW THEREFORE, the City and Petitioner agree that Section 2 of Exhibit B, Special Improvements, Dedication, and Impact Fees, Regency Crest Annexation No. 1I Agreement, Case No. A -00 -4 is hereby amended as approved by Ordinance No. 7038 to read as follows: (a) To fulfill the Petitioner's park dedication requirements for Regency Crest Subdivision, Filing No. 2, the Petitioner will convey to the City by warranty deed free of liens and encumbrances fee simple title, 5.0558 acres more or less and described as: A portion of the Northwest Quarter (NWl /4) of Section Four (4), Township Twenty -one (21) South, Range Sixty -five (65) West of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: Basis of Bearings: The west line of Regency Crest Subdivision, A Special Area Plan, according to the recorded plat thereof, being monumented on both ends by a No. 6 rebar with a 2'/2" aluminum cap marked "M2 Surveying PLS 34587" is assumed to bear N0YI8'38 "E a distance of 1641.38 feet. COMMENCING at the Northwest Corner of Regency Crest Subdivision, A Special Area Plan, according to the recorded plat thereof; THENCE, N87 °23'29 "W a distance of 1073.18 feet to the POINT OF BEGINNING; THENCE, S02 °36'31 "W a distance of 192.48 feet to a point of curvature; THENCE, along said curve to the right, having a radius of 650.00 feet, through a central angle of 53 °18'02 ", a distance of 604.68 feet; THENCE, N31 °26'47 "W a distance of 132.49 feet to a point of curvature; THENCE, along said curve to the right, having a radius of 270.00 feet, through a central angle of 34 °03'18 ", a distance of 160.48 feet; THENCE, NO296'31 "E a distance of 452.68 feet; THENCE, S87 °23'29 "E a distance of 382.04 feet to the POINT OF BEGINNING. Said Property contains 5.0558 acres, more or less. x The Property may be greater than the 8% land dedication requirement for Regency Crest Subdivision, Filing No. 2. Any land greater than the 8% may be credited toward future subdivision filings. A portion of the Property is encumbered by a drainage easement. That portion of the Property which is encumbered by the drainage easement and unusable for park purposes, as determined by the Director of Parks, will not be included within the 8% land credit. All subdivision required drainage improvements within the Property will be the responsibility of the Petitioner. The City will agree to allocate the $30,000 it received as cash in lieu of park dedication for Regency Crest Subdivision, Filing No. 1, for park improvement when budgeted as a Capital Improvement Project by the City Council. (b) Prior to the acceptance of the warranty deed for the Property, Petitioner must receive, if required by Pueblo County, a subdivision exemption for the Property. (c) Upon acceptance of the warranty deed for the Property, the City will deed back to the Petitioner Block 2, Lots 44 -64 Regency Crest Filing 2, a Special Area Plan held by the City for park dedication within Regency Crest Subdivision, Filing No. 2. (d) Petitioner agrees to include with the next annexation and subdivision the property as a dedicated park parcel. The Petitioner will bear all of the costs of annexation and subdivision for the Property. In any event, the City will not allow the Petitioner to develop the Property as a detention basin nor will the City budget any funds for park improvements until such time as the Property is annexed and included with an approved subdivision. Petitioner, its successors, and assigns are responsible for all public improvements surrounding the park as required by 12- 4- 7(e)(1). (e) The Regency Crest No. II Annexation Agreement as herein amended shall remain in full force and effect. Executed at Pueblo, Colorado as of the day and year first above written. c.. [ S Attest. APPROVED AS TO FORM: t' City Attorney PUEBLO, a Corpor n / Y President of the City Council PETITIONER: [SEAL] By_ Title THE PROCTOR FAMILY PARTNERSHIP, LLLP By / Title: STATE OF COLORADO ) ss. COUNTY OF PUEBLO The foregoing instrument was acknowledged before me this day of October 20 03 , by Bill Sova as President of City Council and Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. . • Sion ex ires: 6/26/2007 T •. P :[SEAL] 0 6 Notary Public Vtw� " STATE OF Colorado ss. COUNTY OF Pueblo The foregoing instrument was acknowledged before me this 31st day of October 20 03 by C.T. Proctor, General Partner of the PROCTOR FAMILY PARTNERSHIP, LLLP. Witness my hand and official seal My commission expires: o [SEAL] * KELLY A. CONGER Not Public NOTARY PUBLIC STATE OF COLORADO -3- Reception 1603120 01/19/2005 AMENDMENT TO ANNEXATION AGREEMENT CASE NO. A -00 -05 This Amendment to Annexation Agreement entered into as of October 31 1 2003, by and between the City of Pueblo, a Municipal Corporation, (the "City ") and THE PROCTOR FAMILY PARTNERSHIP, LLLP (the "Petitioner "), WITNESSETH WHEREAS, the Petitioner desires to amend the Annexation Agreement, Case No. A -00 -5 entered into for the property commonly known and described as South of Sage Street and North of St. Clair Avenue. NOW THEREFORE, the City and Petitioner agree that Section 1 of Exhibit B, Special Improvements, Dedication, and Impact Fees, Regency Crest Annexation No. III Agreement, Case No. A -00 -5 is hereby amended as approved by Ordinance No. 7038 to read as follows: (a) To fulfill the Petitioner's park dedication requirements for Regency Crest Subdivision, Filing No. 3, the Petitioner will convey to the City by warranty deed free of liens and encumbrances fee simple title, 5.0558 acres more or less and described as: A portion of the Northwest Quarter (NWl /a) of Section Four (4), Township Twenty -one (21) South, Range Sixty -five (65) West of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: Basis of Bearings: The west line of Regency Crest Subdivision, A Special Area Plan, according to the recorded plat thereof, being monumented on both ends by a No. 6 rebar with a 2 %z" aluminum cap marked "M2 Surveying PLS 34587" is assumed to bear NO3'1 8'38"E a distance of 1641.38 feet. COMMENCING at the Northwest Corner of Regency Crest Subdivision, A Special Area Plan, according to the recorded plat thereof; THENCE, N87 °23'29 "W a distance of 1073.18 feet to the POINT OF BEGINNING; THENCE, S02 0 36 1 31 "W a distance of 192.48 feet to a point of curvature; THENCE, along said curve to the right, having a radius of 650.00 feet, through a central angle of 53 °18'02 ", a distance of 604.68 feet; THENCE, N31 °26'47 "W a distance of 132.49 feet to a point of curvature; THENCE, along said curve to the right, having a radius of 270.00 feet, through a central angle of 34 °03'18 ", a distance of 160.48 feet; THENCE, NO2 °36'31 "E a distance of 452.68 feet; THENCE, S87 °23'29 "E a distance of 382.04 feet to the POINT OF BEGINNING. Said Property contains 5.0558 acres, more or less. The Property may be greater than the 8% land dedication requirement for Regency Crest Subdivision, Filing No. 3. Any land greater than the 8% may be credited toward future subdivision filings. A portion of the Property is encumbered by a drainage easement. That portion of the Property which is encumbered by the drainage easement and unusable for park purposes, as determined by the Director of Parks, will not be included within the 8% land credit. All subdivision required drainage improvements within the Property will be the responsibility of the Petitioner. The City will agree to allocate the $30,000 it received as cash in lieu of park dedication for Regency Crest Subdivision, Filing No. 1, for park improvement when budgeted as a Capital Improvement Project by the City Council. (b) Prior to the acceptance of the warranty deed for the Property, Petitioner must receive, if required by Pueblo County, a subdivision exemption for the Property. (c) Upon acceptance of the warranty deed for the Property, the City will deed back to the Petitioner Block 2, Lots 44 -64 Regency Crest Filing 2, a Special Area Plan held by the City for park dedication within Regency Crest Subdivision, Filing No. 2. (d) Petitioner agrees to include with the next annexation and subdivision the property as a dedicated park parcel. The Petitioner will bear all of the costs of annexation and subdivision for the Property. In any event, the City will not allow the Petitioner to develop the Property as a detention basin nor will the City budget any funds for park improvements until such time as the Property is annexed and included with an approved subdivision. Petitioner, its successors, and assigns are responsible for all public improvements surrounding the park as required by 12- 4- 7(e)(1). (e) The Regency Crest No. II Annexation Agreement as herein amended shall remain in full force and effect. Executed at Pueblo, Colorado as of the day and year first above written. a ' ' PUEBLO, a Municipal Co ton By President of the City Council A ? APPROVED AS TO FORM: City Attorney [SEAL] PETITIONER: THE PROCTOR FAMILY PARTNERSHIP, LLLP B y C / /-- Title: Attest: By_ Title STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 31st day of October 20 03 , by Bill Sova as President of City Council Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation. If my hand and official seal. �. 1V�y sion expires: 6/26/2007 ;[SEAL] t (s C , : o �r r'v - Notary Public STATE OF Colorado COUNTYOF Pueblo ) ) ss. and The foregoing instrument was acknowledged before me this 31st day of October 20 03 ,by C.T. Proctor General Partner of the PROCTOR FAMILY PARTNERSHIP. LLLP. Witness my hand and official seal My commission expires: O O [SEAL] L A. CONGER N Public ARY PUBLIC OF COLORADO Page: 3 of 3