HomeMy WebLinkAbout07172Reception 1591287
10/25/2004
ORDINANCE NO. 7172
AN ORDINANCE ANNEXING THE AREA
COMMONLY KNOWN AS THE PASTORA
RANCH ANNEXATION AREA A AND
DESCRIBED AS SOUTH OF BANDERA
PARKWAY AND PASCADERO DRIVE
WHEREAS, the City Planning and Zoning Commission has recommended
that the area described in Section 1 hereof be annexed to the City of Pueblo; and
WHEREAS, the City Council has heretofore found and determined by
Resolution that the Petition for Annexation and the area described in Section 1
hereof to be in compliance with the notice and other applicable provisions of the
Municipal Annexation Act of 1965 and C.R.S. §31-12-104,105 and 107(1); and
WHEREAS, the City Council has by Resolution found and determined that
an election is not required under C.R.S. §31 -12 -107 (2) and no additional terms
and conditions are to be imposed upon the area described in Section 1 other
than those set forth in the Petition for Annexation and the Annexation Agreement;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
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 SW 1/4 OF THE NW 1/4 AND THE W 1/2 OF THE W 1/2 OF THE
W 1/2 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 21, TOWNSHIP 21
SOUTH, RANGE 65 WEST OF THE 6TH P.M.
Containing 46 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
(3.6).
SECTION 4.
This ordinance shall become effective immediately upon final passage and
the annexation shall be effective for ad valorem tax purposes on and after
January 1, 2005.
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tg'. 5 Gov: -
CITY CLERK
INTRODUCED April 12, 2004
BY Michael Occhiato
COUNCIL PE SO
APPROVED
PRESIDEXrOF CITY COUNCIL
Ordinance No. 7172 FAILED to pass by a vote of 3 to 4 on April 26, 2004.
Upon reconsideration by City Council, Ordinance No. 7172 was PASSED AND APPROVED
July 12, 2004.
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM # �5
DATE: APRIL 12, 2004 (UPDATED JUNE 28, 2004)
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMENT /CATHY GREEN
TITLE
AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE PASTORA
RANCH ANNEXATION AREA A AND DESCRIBED AS SOUTH OF BANDERA
PARKWAY AND PASCADERO DRIVE
ISSUE
Shall the City Council approve the proposed annexation of the 46 acres that is the first
parcel of a series annexation containing 110 acres located south of Bandera Parkway
and Pascadero Drive?
RECOMMENDATION
The Planning and Zoning Commission recommends approval of the annexation by a
5 -0 -1 vote (Soldan abstaining).
BACKGROUND
At the May 10, 2004 City Council meeting a motion was approved to Suspend the
Time Limits of Rule 29 of the Legislative Procedures and Rules of City Council in order
to reconsider two ordinances relating to the Pastora Ranch Annexation, which did not
receive the affirmative vote of the membership of the entire City Council for final
passage at the City Council meeting held April 26, 2004. At the May 10, 2004 meeting
an additional motion was approved by City Council to reconsider this ordinance at the
June 28, 2004 City Council meeting.
The Pastora Ranch Annexation submitted by Nick Pannunzio, Susan McCarthy, Jeffry
Moore, and Scott Moore comprises 46 acres that is the first parcel in a series of two
annexations that total 110 acres. The 110 -acre area proposed to be annexed through
the series annexation is located south of Bandera Parkway and Pascadero Drive. The
two annexations that make up the series annexation will be combined for the purposes of
the public hearing. The action taken by City Council will be considered by a separate
ordinance for each of the two annexations in the series.
The property included in the proposed annexation is a portion of the 240 acre area that
was proposed to be annexed in 2002 and was ultimately denied by City Council on May
12, 2003. The applicants submitted a new annexation petition containing a smaller area
that is adjacent to El Camino Filings 14, 16 & 17. An ordinance to approve this
annexation was not approved by City Council at the April 26, 2004 meeting, but is being
reconsidered at the June 28, 2004 City Council meeting.
The applicant has agreed to have the property zoned Agricultural One (A -1) for a period
not to exceed 120 months from the date of the approval of the annexation. However, no
building or occupancy permit shall be approved by the City or issued by the Pueblo
Regional Building Department for any portion of the property until after the property is
zoned in the land use classification most nearly corresponding to the land use
classification under the City's comprehensive plan.
The Pueblo Regional Development Plan identifies the future land use as "Urban
Residential ". The R -1 and R -2 Single Family Residential Districts are the zone
districts most nearly corresponding to the "Urban Residential" future land use
classification.
FINANCIAL IMPACT
The City of Pueblo will be responsible for providing police and fire protection services
to the property. In addition the public roads and sanitary sewer main extensions will
be maintained by the City of Pueblo once they have been constructed and accepted
by the City. In addition the applicant will be required to comply with the provisions of
the Pastora Ranch Annexation Agreement.
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Background Paper for Proposed Reurr,,Sjc6a4ic" V°
ORDINANCE 5-10 -, *' 1
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AGENDA ITEM #
Co"Aiv%"ed -h 7 -►a -04
DATE: APRIL 12, 2004 A fffovf-c� A 5
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH `"` '1 -I a - 0
PLANNING DEPARTMENT /CATHY GREEN
TITLE
AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE PASTORA
RANCH ANNEXATION AREA A AND DESCRIBED AS SOUTH OF BANDERA
PARKWAY AND PASCADERO DRIVE
F-TI"
Shall the City Council approve the proposed annexation of the 46 acres that is the first
parcel of a series annexation cxmtaiNng 110 acres located south of Bandera Parkway
and Pascadero Drive?
����•ITIuI ��7?iii�I�]►
The Planning and Zoning Commission recommends approval of the annexation by a
5-0-1 vote (Solden abstaining).
BACKGROUND
The Pastore Ranch Annexation submitted by Nick Pannunzio, Susan McCarthy, Jeffry
Moore, and Scott Moore comprises 46 acres that is the first parcel in a series of two
annexations that total 110 acres. The 110 -acre area proposed to be annexed through
the series annexation is located south of Bandera Parkway and Pascadero Drive. The
two annexations that make up the series annexation will be combined for the purposes of
the public hearing. The action taken by City Council will be considered by a separate
ordinance for each of the two annexations in the series.
The property included in the proposed annexation is a portion of the 240 acre area that
was proposed to be annexed in 2002 and was ultimately denied by City Council on May
12, 2003. The applicants have submitted a new annexation petition containing a smaller
area that is adjacent to Ell Camino Filings 14, 16 817.
The applicant has agreed to have the property zoned Agricultural One (A -1) for a period
not to exceed 120 months from the date of the approval of the annexation. However, no
building or occupancy permit shall be approved by the City or issued by the Pueblo
Regional Building Department for any portion of the property until after the property is
zoned in the land use classification most nearly corresponding to the land use
classification under the City's comprehensive plan.
The Pueblo Regional Development Plan identifies the future land use as "Urban
Residential ". The R -1 and R -2 Single Family Residential Districts are the zone
districts most nearly corresponding to the "Urban Residential" future land use
classification.
FINANCIAL IMPACT
The City of Pueblo will be responsible for providing police and fire protection services
to the property. In addition the public roads and sanitary sewer main extensions will
be maintained by the City of Pueblo once they have been constructed and accepted
by the City. In addition the applicant will be required to comply with the provisions of
the Pastora Ranch Annexation Agreement.
Reception 1591289
10/25/2004
ANNEXATION AGREEMENT
CASE NO. A -03 -07 Pastora Ranch
This Annexation Agreement entered into as of Tl 2004, by and between the
City of Pueblo, a Municipal Corporation, (the "City ") and Pannunzio, Inc., a Colorado Corporation,
Vista Ridge, L.L.C., a Colorado Limited Liability Company, Susan McCarthy, Jeffry Moore, and
Scott Moore (herein collectively the "Petitioner ") WrTNESSETH
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) Pannunzio, Inc., is a corporation duly organized and validly existing under the laws of
Colorado, Vista Ridge L.L.C. is a limited liability company duly organized and validly existing
under the laws of Colorado, and Susan McCarthy, Jeffry Moore and Scott Moore are individuals.
(2) Petitioner has good and marketable fee simple title to the Property subject only to
Permitted Encumbrances attached hereto as Exhibit `B."
(3) Petitioner is authorized to, and has taken all action required by it (a) to annex the
Property to the City and (b) to execute, deliver and perform its obligations under this Annexation
Agreement, and (c) to carry out and consummate all of its transactions contemplated by this
Annexation Agreement.
(4) This Annexation Agreement when executed and delivered, constitutes a valid and
legally binding obligation of the Petitioner enforceable against Petitioner according to its terms.
(5) Neither the execution and delivery of this Annexation Agreement nor the fulfillment
of or compliance with its terms and conditions, nor the consummation of the transactions
contemplated hereby, conflicts with or results in a breach of the terms, conditions or provisions or
any restriction or any agreement or instrument to which the Petitioner is bound, or constitutes a
default under any of the foregoing.
(6) There is no litigation pending, or to the knowledge of Petitioner threatened, against
the Petitioner or any person affecting the right of the Petitioner to execute this Annexation
Agreement or to comply with the provisions hereof.
(7) The representations and warranties of Petitioner contained herein will be true and
correct in all material respects as of the date of recording the annexation plat and Ordinance of the
City Council approving the annexation of the Property, as if made on the date of such recording.
II. MASTER DEVELOPMENT PLAN
Petitioner will prepare and submit or cause to be prepared and submitted to the Planning and
Zoning Commission for approval a Master Development Plan for the Property within three (3) years
from the date of this Annexation Agreement. 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
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
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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
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
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gas in accordance with procedures approved by the appropriate State Agencies and the results
summarized as a comparison to State and Federal regulatory limits of the landfill area and at the
exterior boundary of the landfill area.
Petitioner may submit the Master Development Plan to the Planning and Zoning Commission
for approval any time after the City Council has found the petition for annexation of the Property to
be valid in accordance with the provisions of section 31 -12 -107, C.R.S.; provided however, that the
proposed Master Development Plan shall not be approved prior to the time the ordinance annexing
the Property is approved on final presentation. The City may refuse to approve any building or
occupancy permit for any portion or all of the Property until after a Master Development Plan is
approved.
III. ZONING AND SUBDIVISION
(1) No application for subdivision of all or any part of the Property shall be submitted to
or considered by the City until after the Master Development Plan has been approved by the Planning
and Zoning Commission; provided, however, that if the Property is intended to be included in a
single subdivision, the application for such subdivision may be submitted at the time the Master
Development Plan is submitted to the Planning and Zoning Commission. No subdivision of the
Property shall be approved prior to the time the ordinance annexing the Property is approved on 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's comprehensive plan.
n P X The property shall be zoned Agricultural One (A -1) for a period not to exceed 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 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
( 1 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 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
not be passed on final presentation prior to the date the ordinance annexing the Property is approved
on final presentation.
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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, parks and open space. 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, trail systems, parks,
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. All existing and new power lines less than 30,000 volts and all other overhead
utilities (1) within the Property, (2) within the public rights -of -way adjoining the Property, and (3)
within the areas adjacent to the Property which serves the Property shall be placed underground.
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
approval by Resolution of the City Council after such amendment has been submitted to and
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reviewed by the appropriate City uepartments 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. SEVERABILTTY
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.
X11. DISCONNECTION
(l) 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
I Me
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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: Pannunzio. Inc_
200 West I" Street, Suite 200
Pueblo, CO 81003
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 he 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.
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(4) Singular, Plural t re
Unless the contexquires otherwise, words mg 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.
scato, .
xete�iieblo, Colorado as of the day and year first above written.
PUEBLO, a Municipal ratio -
AA1 � i
APPROVED AS TO FORM:
City Attor
By
President of he City Council
PETITIONERS:
PANNUNZIO, INC.,
a C olorado Corporation
[SEAL]
Attest:
By—
Title
By:
Title: Nick Pannunzio Presiden
VISTA RIDGE L.L.C.
a C olorado Limited Liability Company
[SEAL]
Attest:
By_
Title
By
Title: Nick Pannunzio, Manage
In
STATE OF COLORADO ) ss.
COUNTY OF PUEBLO )
The fore ing i stru nt was acknowledged before me this day of ,
20 by J�11Y5�fllrl as President of City Cou cil and
`I YICa as City Clerk of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
expires: 8
In
No ary Public
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
059 02$9Z7P
ChrisC.Munoz Pueb10CtyC1k &Rec ANN%
AG R 106.00 D 0.00
Susan McCarthy
an individual
[SEAL]
B
Susan McCarthy
Attest:
By
Title
Jeffry Moore
an indivi;
[SEAL]
By
Jeffry M
Attest:
By
Title
Scott Moore
an individual
[SEAL]
By
Scott Moore
Attest:
By
Title
STATE OF COLORADO ) ss.
COUNTY OF PUEBLO )
The fore ing i stru nt was acknowledged before me this day of ,
20 by J�11Y5�fllrl as President of City Cou cil and
`I YICa as City Clerk of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
expires: 8
In
No ary Public
10 STATE OF 1 111111 IIIII 111111 IIIII III IIIIIIII IIIII III 111111 III IIII 05s 0 z8�z 7P
ChrisC.Munoz Pueb1oCtyC1k&Rec ANNX AG R 106.00 D 0.00
COUNTY OF
The foregoing instrument was acknowledged before me this '1b day of f ,
20 b q, by Nick Pannunzio as President of Pannunzio, Inc., a Colorado Corporation
Witness my hand and official seal
[SEAL]
4�r� - y
Notaly Public
STATE OF Cd&1 a d,,7 )
COUNTY OF 4,, ,,_IA4D ) ss.
The foregoing instrument was acknowledged before me this 1 - 1 day of ,
20P�L, by Nick Pannunzio as Manager of Vista Ridge L.L.C., a Colorado Limite Liability
Company
,Witness my hand and official seal
mission expires: 11 —/q- OF
t1� otary Public
STATE OF G' O D Je
COUNTY OF AA(98 b SS.
.
The foregoing instrument was acknowledged before me this 14 day of ! ! tG U.S
20 b y, by Susan McCarthy, an individual.
0"
Ot
a
y P[0�\�
My commission expires: 1 1-19 - '
my hand and official seal
expires: — e lr 0 6
Notary Public
SGZ
n IIIIII VIII IIIIII VIII III Ililllll VIII III IIIIII III IIII 1591289
Page: 11 of 21
STATE OF 0 d /L AeAD0 _ 10/25/2004 04:27P
COUNTY OF ��(6Qf�a ) ChrisC.Munoz PuebloCtyC1k &Rec RNNX AG R 106.00 D 0.00
- - _ - - --
The foregoing instrument was acknowledged before me this 14 day of iW r
200 , by Jeffry Moore, an individual.
�4.0 , l ; Vytess my hand and official seal
emission expires:
; V% ,
t.
Notary Public
STATE OF C' OLOR,¢�O )
COUNTY OF
The foregoing instrument was acknowledged before me this 1 day of .4 G At s ,
2004, by Scott Moore, an individual.
. . - Witness my hand and official seal
E M �. k'ygongnission expires: e S 06
1 J ��er,. • Q Notary Public
-11-
AS AMENDED 7 -12 -04
EXHIBIT "C"
SPECIAL IMPROVEMENTS DEDICATIONS AND IMPACT FEES
PASTORA RANCH (A- 03 -07)
ANNEXATION AGREEMENT
1. Off -Site Roadway
In compliance with the Pueblo Area Transportation System Plan, the City of Pueblo will
identify for the Petitioner the alignment of off -site freeways, principal arterials, minor 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.
A. Bandera Parkway
The primary access to the Property, shown on the attached Exhibit "C -1" will be Bandera
Parkway which is classified as a minor arterial roadway with four travel lanes and a landscaped
median. Petitioner shall, at the time of any subdivision within the Property, be required to construct
additional off -site improvements to Bandera Parkway between SH78 and the northern boundary of
the Property in compliance with the City's Standard Construction Specifications and Standard
Details (February 26, 2001) or as same may be hereafter amended and as shown on construction
plans approved by the City Director of Public Works. The timing and nature of such improvements
will be based upon the results of the traffic study, the cumulative traffic impact of the intervening
development, and Petitioner's subsequent subdivisions. Petitioner will be eligible for Cost
Recovery from adjoining property owners for off -site improvements to Bandera Parkway made by
Petitioner as provided in Section 12 -4 -12 of the Pueblo Municipal Code. "Offsite improvements"
means improvements, not constructed within the Property.
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Petitioner shall, if not already dedicated to the public or deeded to the City, at its cost and
expense, not later than one - hundred eighty (180) days after the issuance of the first building permit
for construction within the first subdivision that includes any portion of the Property dedicate to the
public or deed to the City, by warranty deed, a 104 -foot right -of -way for Bandera Parkway in
compliance with the General Provisions for Roadway Classification Design Standards and Policies
and in an alignment approved by the Director of Public Works between the northern and southern
boundaries of the Property. If the Petitioner, after good faith efforts, is not able to acquire from the
owners of land located outside the Property the additional right of way necessary to provide a 104-
foot right -of -way for Bandera Parkway between the northern and southern boundaries of the
Property in an alignment acceptable to the City, the City will, to the extent legally authorized,
exercise its power of eminent domain to acquire the right -of -way.
Petitioner shall be responsible for all compensation for the land taken, damages, if any, to
the residue of the owner's property, cost and expense of condemnation, including reasonable
appraisal, expert witness, and attorney fees (Condemnation Costs). Petitioner will deposit an
estimate of Condemnation Costs, as determined by the City Attorney, before the City will
commence condemnation proceedings.
B. Nolan Trace
The secondary access to the Property shown on the attached Exhibit "C -1" will be from
Nolan Trace. Nolan Trace is identified as a mixed -use collector on the Pueblo Area Transportation
System Map. If not already dedicated to the public or deeded to the City, Petitioner shall, at its
cost and expense, obtain title to and deed to the City by warranty deed a right of way between
Manhole No. 463727.8 and the eastern boundary of the Property. The width of the right of way
shall comply with the General Provisions for Roadway Classification Design Standards and
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Policies, and be located in an alignment approved by the Director of the Department of Public
Works.
If the Petitioner, after good faith efforts, is not able to acquire from the property owners a
warranty deed for the right of way in an alignment acceptable to the City, the City will, to the extent
legally authorized, exercise its power of eminent domain to acquire the right of way. Petitioner
shall be responsible for all compensation for the land taken, damages, if any, to the residue of the
owner's property, cost and expense of condemnation, including reasonable appraisal, expert
witness, and attorney fees (Condemnation Costs). Petitioner will deposit an estimate of
Condemnation Costs, as determined by the City Attorney, before the City will commence
condemnation proceedings.
Petitioner shall, within said 180 -day period, and prior to the issuance of any certificate of
occupancy for any structure within the Property complete construction and installation of two (2)
lanes of travel not less than twelve (12) feet in width within the eighty (80) foot right -of -way of
Nolan Trace from the Property to the intersection of Nolan Trace and Starlite Drive (future
Vinewood Lane). If not already constructed and installed, Petitioner shall, at its cost, extend
Starlite Drive (future Vinewood Drive) to Nolan Trace. The construction and installation of Nolan
Trace and extension of Starlite Drive (future Vinewood Drive) shall be in compliance with the
General Provisions for Roadway Classification Design Standards and Policies and the City's
Standard Construction and Standard Details (February 26, 2001) or as same may be hereafter
amended and in accordance with construction plans approved by the Director of Public Works. As
a part of each subdivision plat, Petitioner shall dedicate and improve Nolan Trace through each
respective subdivision. Petitioner may be eligible for Cost Recovery from adjoining property
owners for Nolan Trace constructed outside the Property as provided in Section 12 -4 -12 of the
Pueblo Municipal Code.
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Nolan Trace shall be constructed as a continuous roadway through the Property connecting
with Bandera Parkway in accordance with the Pueblo Area Transportation System Plan.
2. Storm Water Drainage
All stormwater flows from subdivisions within the Property must be detained or retained as
determined by the Director of Public Works. Only historic volumes and flows may be released
from the Property and/or individual subdivisions within the Property due to the limited capacity of
the existing downstream storage facilities (Minnequa Lake). The off -site downstream storm
drainage facilities (AVC ditch) must be analyzed for capacity, and must be improved by Petitioner
to handle the flows generated from development occurring within the Property or additional
retention facilities must be constructed by Petitioner. Petitioner must reduce the peak flows and
run -off volumes from the Property through storm water detention and retention facilities to levels
that existed prior to any development within the Property, or to levels that are capable of being
handled by the downstream drainage facilities, whichever is less.
Prior to the approval of any subdivision of land within the Property, the subdivision
drainage report and drainage facilities in the AVC ditch must be approved by the owner of Lake
Minnequa, which is currently Rocky Mountain Steel Corporation.
3. Sanitary Sewer
If not already installed, Petitioner shall, at its expense, design and install the off -site sanitary
sewer main as identified in the Sanitary Sewer Master Plan and Impact Report for Southpointe and
plans therefore approved by the Director of Public Works within the public right of way of Nolan
Trace as described in paragraph I.B. above from Manhole No. 463727.8 to the eastern boundary of
the Property. The sanitary sewer main and system for the Property must be designed by a
professional engineer and approved by the Director of Public Works. If Petitioner installs the sewer
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ChrisC.Munoz Pueb1oCtYC1k&Rac RNNX AG R 106.00 0 0.00
main, Petitioner may be eligible for cost recovery for any additional capacity resulting from the
construction of the sewer main from other parties utilizing the additional capacity as set forth under
Section 16 -5 -5 of Pueblo Municipal Code. In order to be eligible for cost recovery, Petitioner must
comply with and meet the requirements and conditions of said section 16 -5 -5.
Based upon a flow analysis of the City's sanitary sewer system performed by the City of
Pueblo Wastewater Department, a portion of City's existing sanitary sewer that would carry
wastewater flows from Property is at capacity. Therefore, Petitioner shall construct and install at
Petitioner's sole expense additional sewer lines and mains in order to provide sanitary sewer service
to the Property. The size, location and capacity of such sewer lines and mains will be determined
by the Director of Public Works based upon the Sanitary Sewer Design Criteria and Policies for the
City of Pueblo published December 22, 2003 or as same may be hereafter amended. Such
additional sewer lines and mains shall be installed as part of the public improvements required for
subdivisions within the Property as determined by the Director of Public Works. Petitioner may be
eligible for cost recovery under Section 16 -5 -5 of the Pueblo Municipal Code for all or a portion of
the cost of such additional sewer lines and mains. In order to be eligible for cost recovery,
Petitioner must comply with and meet the requirements and conditions of said section 16 -5 -5.
Notwithstanding the provisions of the foregoing paragraph, if City, within two (2) years
after the date of this Annexation Agreement, adopts ordinances and/or sanitary sewer policies that
authorize the cost of any relief main or upgrade to the existing sanitary sewer system required to be
constructed and installed by Petitioner pursuant to the foregoing paragraph ( "Sewer Upgrades "), to
be paid out of the Sanitary Sewer Collection System Improvement Fund ( "Improvement Fund "),
then, in such event, and subject to sufficient moneys being on deposit in the Improvement Fund, the
cost of the Sewer Upgrades will be reimbursed to Petitioner out of the Improvement Fund, if
Petitioner has constructed and installed the Sewer Upgrades, and if Petitioner has not, City will
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ChrisC.Munoz Pueb1OCtYC1k &Rec ANNX AG R 106.00 D 0.00
cause the Sewer Upgrades to be constructed and paid for out of the moneys on deposit in the
Improvement Fund. Petitioner's reimbursement, if any, will be processed and computed by the
Director of Wastewater in accordance with the procedures required to determine and compute cost
recovery under Section 16 -5 -5 of the Pueblo Municipal Code. Failure of Petitioner to submit all
information required by Section 16 -5 -5 to the Director of Wastewater within sixty (60) days after
written acceptance of the Sewer Upgrades by the City shall be deemed a waiver by Petitioner of any
claim for reimbursement and Petitioner will be ineligible for reimbursement.
If there are inadequate monies in the Improvement Fund to pay in full the requested and
approved Reimbursable Costs, the unpaid balance thereof shall be paid proportionately with other
unpaid approved reimbursable costs, without interest, as Fees are collected and deposited in the
Improvement Fund account for such payment.
If Petitioner has constructed and installed the Sewer Upgrades and has not been reimbursed
in full therefore out of the Improvement Fund, then and in that event, funds paid to City for the
Sewer Upgrades under the Sanitary Sewer Master Plan and Impact Report for Southpointe
( "Southpointe Funds ") shall, upon receipt by the City, be paid to Petitioner. In no event, shall
Petitioner receive from either or both the Improvement Fund and Southpointe Fund monies in an
amount greater than Petitioner's actual cost for the Sewer Upgrades.
Any reimbursement to Petitioner under the foregoing paragraphs will be in lieu of any cost
recovery available to Petitioner for the Sewer Upgrades pursuant to Section 16 -5 -5 of the Pueblo
Municipal Code. Petitioner does hereby assign to City all of its right, title and interest in and to
cost recovery for the Sewer Upgrades, and authorize the Director of Wastewater to file all
documents and information on behalf of Petitioner to effect such assignment and collection of such
cost recovery. All cost recovery collected by City, less expenses and costs incurred by City
therefore, shall be deposited in the Improvement Fund.
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Petitioner shall have a professional engineer determine the costs of all off -site
improvements to the sanitary sewer system identified and required by the Director of Public Works.
The City's engineering staff will provide all available information to the Petitioner and Petitioner's
engineer, upon request.
4. Monument Sign
Subject to obtaining revocable permits therefore, Petitioner may design, construct, and
maintain a monument -style roadway identification sign at or near the Bandera Parkway or Nolan
Trace access to the Property within the non - roadway portions of the Bandera Parkway or Nolan
Trace public rights -of -way, including the median, if any, on Bandera Parkway, for the purpose of
identifying the neighborhood. Such signage shall not create a traffic hazard, must be in
conformance with all City regulations, must be approved by the Revocable Permit Committee, and
City Council, and maintained by the Petitioner or accepted for maintenance by a subsequent
Homeowner's Association.
5. Special District for Maintenance of Right -of -Way Landscaping
Petitioner will, at the request of the City, sign a petition pursuant to Chapter 9, Title XH, of
the Pueblo Municipal Code to include the Property within a special district for the purpose of
providing for the maintenance of all landscaping within the rights -of -way of Bandera Parkway, as
presently established and as located and constructed in the future. In order to implement this
covenant, Petitioner shall place restrictions of record sufficient to bind all the land within the
Property and subsequent owners thereof to this covenant.
6. Additional Road Improvements Nolan Trace
If not already constructed, Petitioner shall, at its sole cost and expense, not later than one-
hundred eighty (180) days after the issuance of the first building permit for construction within the
first subdivision that includes any portion of the Property, or the issuance of the first certificate of
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occupancy for any building within the property, whichever occurs first (a) complete construction
and installation of a pioneer road not less than twenty -four (24) feet in width within a one hundred
and twenty foot (120) right -of -way to be acquired and dedicated by Petitioner in an alignment
acceptable to the Director of Public Works from the existing terminus of Prairie Avenue to the
intersection of the Prairie Avenue as extended and Nolan Trace; and (b) complete construction and
installation of a pioneer road not less than twenty -four (24) feet in width within the eighty (80) foot
right -of -way of Nolan Trace from the intersection of Starlite Drive (future Vinewood Lane) to the
intersection of Prairie Avenue and Nolan Trace in an alignment acceptable to the City.
Construction plans for each pioneer road shall be approved by the Director of Public Works.
7. Architectural Compatibility
Prior to the recording of any subdivision within the Property which directly abuts El
Camino Filing 14 or Filing 16, Petitioner will develop covenants enforceable by the subdivision
homeowners association which will cause the subdivision development to be generally compatible
in style and exterior finish with the adjoining El Camino Filing 14 and Filing 16.
8. Entry Feature
Petitioner will be required to design and install a landscaped entryway along and adjoining
Bandana Boulevard where it enters the Property of sufficient size and design which will serve as a
visual and physical separation showing where El Camino ends and the Property begins. The design
of the entryway will be approved by the Director of Planning. This entry feature will be constructed
within the Bandera Boulevard Right -of -way. Petitioner shall dedicate additional land to widen the
Bandera Boulevard Right of way to accommodate the entry feature. Maintenance of this entry
feature will be the responsibility of the Bandera Parkway Maintenance District.
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W
EXHIBIT A
ANNEXATION A
AREA TO BE ANNEXED:
ALL OF THE SW 1/4 OF THE NW 1/4 AND THE W 1/2 OF THE W 1/2 OF THE W 1/2
OF THE SE 1/4 OF THE NW 1/4 OF SECTION 21, TOWNSHIP 21 SOUTH, RANGE 65
WEST OF THE 6TH P.M.
Containing 46 acres, more or less.
2. PROPOSED NEW CITY LIMITS LINE:
BEGINNING AT THE NORTHEAST CORNER OF THE W 1/2 OF THE W 1/2 OF THE
W 1/2 OF THE SE1 /4 OF THE NW1 /4 OF SECTION 21, TOWNSHIP 21 SOUTH,
RANGE 65 WEST OF THE 6TH P.M., BEING A POINT ON THE PRESENT CITY
LIMITS LINE: THENCE SOUTHERLY ALONG THE EAST LINE OF THE W 1/2 OF
THE W1/2 OF THE W1 /2 OF THE SE1 /4 OF THE NW1 /4 OF SAID SECTION 21 TO
THE SOUTH LINE OF THE NW1 /4 OF SAID SECTION 21; THENCE WESTERLY
ALONG THE SOUTH LINE OF THE NW OF SAID SECTION 21, TO THE WEST
LINE SAID SECTION 21, THENCE NORTHERL Y ALONG THE WEST LINE OF SAID
SECTION 21, TO THE NORTH LINE OF THE NW1 /4 OF SAID SECTION 21, BEING A
POINT ON THE PRESENT CITY LIMITS LINE AND THE POINT OF TERMINUS.
ANNEXATION B
AREA TO BE ANNEXED:
ALL OF BLOCKS 4, 5, 6, 7, 8, 9, 10, 11, 12 AND 13, AND LOTS 5, 6, 7 AND 8, BLOCK
14, 15, 16, LOTS 1, 2, 3 AND 4, BLOCK 17, 18, 19, 20, 21, 22, 23 AND 24 IN LIBERTY
HEIGHTS SUBDIVISION OF THE: SW1 /4 OF SECTION 21, TOWNSHIP 21 SOUTH,
RANGE: 65 WEST OF THE 6TH P.M.
Containing 64 acres, more or less.
2. PROPOSED NEW CITY LIMIT LINE:
BEGINNING A T THE SOUTHEAST CORNER OF THE W1/2 OF THE W1/2 OF THE
W1 /2 OF THE SE1 /4 OF THE NW1 /4 OF SECTION 21, TOWNSHIP 21 SOUTH,
RANGE 65 WEST ALONG THE: SOUTH LINE OF THE SE1 /4 OF THE NW1 /4 OF
SAID SECTION 21 TO THE EAST LINE OF LOT 1, BLOCK 4 IN LIBERTY HEIGHTS
SUBDIVISION IF EXTENDED NORTH; THENCE SOUTHERLY ALONG THE EAST
LINES OF BLOCKS 4, AND 13 OF SAID LIBERTY HEIGHTS SUBDIVISION TO THE
SOUTHEAST CORNER OF LOT 4, BLOCK 13 IN SAID LIBERTY HEIGHTS
SUBDIVISION; THENCE EASTERLY ALONG THE NORTH LINES OF LOTS 6 AND 5
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BLOCKS 14, 15, AND LOT 6 AND LOT 5, BLOCK 16 IF EXTENDED EAST TO THE
NORTH -SOUTH CENTERLINE OF SAID SECTION 21, THENCE SOUTHERLY
ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 21 TO THE SOUTH
LINE OF LOT 4, BLOCK 17 IN SAID LIBERTY HEIGHTS SUBDIVISION IF EXTENDED
EAST; THENCE WESTERLY ALONG THE SOUTH LINES OF LOTS 4 AND 3 BLOCK
17, 18, 19, 20. 21, 22,23 AND LOT 4 AND LOT 3, BLOCK 24 IN SAID LIBERTY
HEIGHTS SUBDIVISION IF EXTENDED WEST TO THE WEST LINE OF SAID
SECTION 21; THENCE NORTHERLY, ALONG THE WEST LINE OF SAID SECTION
21 JO THE SOUTH LINE OF THE NW1 /4 OF SAID SECTION 21, BEING A POINT ON
THE PRESENT CITY LIMITS LINE AND THE POINT OF TERMINUS.
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R 106.00 D 0.00