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HomeMy WebLinkAbout07241Reception 1603121 01/192005 ORDINANCE NO. 7241 AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS REGENCY CREST WEST ANNEXATION AND DESCRIBED AS APPROXIMATELY 122.7533 ACRES LOCATED NORTH OF RED CREEK SPRINGS ROAD AND EAST OF THE GOODNIGHT ARROYO 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: A portion of the West Half (W /2) 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 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 North 03 degrees 18 minutes 38 seconds East a distance of 1641.38 feet. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 3 1 5 1:190 C hrisC.Munoz PuebloCt yClk&Rec ORD R 21.00 D 0.00 COMMENCING at the southeast comer (SE/COR) of the Northeast Quarter of the Southwest Quarter (NE /4 SW /4) of said Section Four (4); THENCE, North 88 degrees 07 minutes 38 seconds West, along the south line of said Northeast Quarter of the Southwest Quarter (NE/4 SW /4), a distance of 160.40 feet to the POINT OF BEGINNING; THENCE, Continuing North 88 degrees 07 minutes 38 seconds West, along said south line, a distance of 1153.23 feet to the southeast corner (SE/COR) of the Northwest Quarter of the Southwest Quarter (NW /4 SW /4) of said Section Four (4); THENCE, North 88 degrees 35 minutes 53 seconds West, along the south line of said Northwest Quarter of the Southwest Quarter (NW /4 SW /4), a distance of 1163.64 feet; THENCE, North 04 degrees 01 minutes 08 seconds East a distance of 610.83 feet; THENCE, North 88 degrees 35 minutes 53 seconds West a distance of 150.00 feet to the west line of the Southwest Quarter (SW /4) of said Section Four (4); THENCE, North 04 degrees 01 minutes 08 seconds East, along said west line, a distance of 779.56 feet to the southwest comer (SW /COR) of the Northwest Quarter (NW /4) of said Section Four (4); THENCE, North 04 degrees 05 minutes 55 seconds East, along the west line of said Northwest Quarter (NW /4), a distance of 433.21 feet; THENCE, South 60 degrees 11 minutes 44 seconds East a distance of 162.85 feet; THENCE, South 84 degrees 38 minutes 44 seconds East a distance of 300.00 feet; THENCE, South 51 degrees 57 minutes 44 seconds East a distance of 169.00 feet; THENCE, South 21 degrees 02 minutes 44 seconds East a distance of 172.00 feet; THENCE, North 07 degrees 28 minutes 16 seconds East a distance of 115.00 feet; THENCE, North 34 degrees 25 minutes 44 seconds West a distance of 213.00 feet; THENCE, North 61 degrees 38 minutes 44 seconds West a distance of 370.00 feet; THENCE, North 03 degrees 50 minutes 16 seconds East a distance of 96.00 feet; THENCE, North 63 degrees 25 minutes 16 seconds East a distance of 233.00 feet; THENCE, North 15 degrees 12 minutes 16 seconds East a distance of 185.00 feet; THENCE, North 26 degrees 57 minutes 44 seconds West a distance of 243.00 feet; THENCE, North 06 degrees 01 minutes 16 seconds East a distance of 144.65 feet to the north line of the Southwest Quarter of the Northwest Quarter (SW /4 NW /4) of said Section Four (4); THENCE, South 88 degrees 12 minutes 59 seconds East, along said north line, a distance of 1372.58 feet to the northwest comer (NW /COR) of Regency Crest Subdivision, Filing No. 3, A Special Area Plan; THENCE, southerly along the boundary of said Regency Crest Subdivision, Filing No. 3 the following fourteen (14) courses: 1) South 01 degrees 43 minutes 57 seconds West a distance of 100.40 feet; THENCE, 2) South 01 degrees 44 minutes 19 seconds East a distance of 60.52 feet; THENCE, 3) South 01 degrees 43 minutes 57 seconds West a distance of 91.05 feet; THENCE, 4) South 19 degrees 21 minutes 51 seconds West a distance of 97.56 feet; THENCE, 5) South 40 degrees 41 minutes 00 seconds West a distance of 58.41 feet; THENCE, 1603121 I IIIIII VIII IIIIII IIIIII IIII VIII IIIIII III VIII IIII Page: 2 of 4 IIII 01//19/2005 11:1% ChrisC.Mun02 Pueb1oCtyC1k &Rec ORD R 21.00 D 0.00 6) South 38 degrees 16 minutes 06 seconds West a distance of 64.46 feet; THENCE, 7) South 35 degrees 55 minutes 05 seconds West a distance of 55.11 feet; THENCE, 8) South 33 degrees 45 minutes 13 seconds West a distance of 55.05 feet; THENCE, 9) South 45 degrees 51 minutes 53 seconds West a distance of 56.17 feet; THENCE, 10) South 43 degrees 08 minutes 43 seconds West a distance of 46.07 feet; THENCE, 11) South 14 degrees 19 minutes 22 seconds West a distance of 108.34 feet; THENCE, 12) South 07 degrees 36 minutes 53 seconds West a distance of 60.83 feet; THENCE, 13) South 02 degrees 26 minutes 20 seconds West a distance of 184.37 feet; THENCE, 14) South 87 degrees 23 minutes 29 seconds East a distance of 1018.94 feet; THENCE, South 02 degrees 33 minutes 59 seconds West a distance of 111.22 feet; THENCE, South 87 degrees 26 minutes 01 seconds East a distance of 18.51 to the westerly boundary of Regency Crest Subdivision, Filing No. 2, A Special Area Plan; THENCE, South 03 degrees 18 minutes 38 seconds West, along said westerly boundary, a distance of 1541.72 feet to the northerly right - of-way line of Red Creek Springs Road; THENCE, North 88 degrees 07 minutes 38 seconds West, along said northerly right -of -way line, a distance of 56.16 feet; THENCE, South 02 degrees 01 minutes 19 seconds West a distance of 30.00 feet to the POINT OF BEGINNING. Containing a calculated 122.7533 acres. 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. Ch ii sC Munoz ii IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 30 21.19E ChrasC.Munoz PuebloCtyClk &Rec ORD R 21 .00_ _ _D 0.00_ _. SECTION 3 IIIIII VIII IIIIII IIIIII IIII VIII IIIIII III VIII IIII IIII Page: 6@3121.199 ChrisC.Munoz Pueb1oCtyC1k &Reo ORD R 21.00 0 0.00 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, 2005. c U co INTRODUCED November 22. 2004 BY Michael Occhiato APRSID L P I r APPROVED U NT OF CITY COUNCIL ATTEST: CITY CLERK PASSED AND APPROVED: December 13, 2004 ad. 0 '7241' o = ---- io4w Background Paper for Proposed ORDINANCE 3 3 AGENDA ITEM # DATE: NOVEMBER 22, 20 04 DEPARTMENT: COMMUNITY DEVELOPMENTMIM MUNCH PLANNING DEPARTMENT /JIM MUNCH TITLE AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS REGENCY CREST WEST ANNEXATION AND DESCRIBED AS APPROXIMATELY 122.7533 ACRES LOCATED NORTH OF RED CREEK SPRINGS ROAD AND EAST OF THE GOODNIGHT ARROYO ISSUE Shall the City Council approve the proposed annexation of property that is located north of Red Creek Springs Road and east of the Goodnight Arroyo? The Planning and Zoning Commission recommends approval by a vote of 6-0 -0. BACKGROUND The Regency Crest West Annexation submitted by The Proctor Family Partnership, LLC and Floyd E. Orr, Jr., The Orr Trust, Margaret L. Orr, William R. Ferrier and Jeannine L. Bledsoe comprises 122.7533 acres located north of Red Creek Springs Road and east of the Goodnight Arroyo. The property is currently zoned in an (A-4) Agricultural Zone District within Pueblo County. The applicant has agreed to have the property zoned Agricultural (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 "Suburban Residential FINANCIAL IMPACT The Petitioners acknowledge and agree that upon the annexation, the area shall become subject to the Charter, ordinances, resolutions, rules and regulations of the City. Provided the petitioners comply with the terms, covenants and conditions of the annexation agreement, the City will provide municipal services (but not infrastructure) to the property on the same general terms and conditions as the rest of the City receives. This includes the provision of police and fire protection services to the property, in addition the public roads and sanitary sewer main extensions will be maintained by the City of Pueblo once they have been constructed and accepted by the City. Reception 1603123 01/192005 ANNEXATION AGREEMENT CASE NO. A -03 -04 This Annexation Agreement entered into as of December 13 , 2004, by and between the City of Pueblo, a Municipal Corporation, (the "City") and The Proctor Family Partnership, LLLP, Floyd E. Orr, Jr., The Orr Trust, Margaret L. Orr (formerly Margaret L. Diodosio), William R. Ferrier and Jeannine L. Bledsoe (formerly Jeannine L. Krueger) (herein collectively the "Petitioner"), WITNESSETH WHEREAS, the Petitioner is the owner of the real property located in Pueblo County, Colorado, and described in Exhibit "A" attached hereto and incorporated herein (the "Property"); WHEREAS, the Petitioner has submitted a petition for the annexation ofthe Property to the City, and WHEREAS, as a condition precedent to the annexation ofthe Property, Petitioner has agreed to enter into an annexation agreement with the City setting forth certain terms and conditions with respect to such annexation. NOW THEREFORE, in consideration ofthe 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) The Proctor Family Partnership, LLLP and the Orr Trust are duly organized and validly existing under the laws of Colorado. All other persons who constitute the Petitioner 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 ofthe Petitioner and except as provided in Article XV enforceable against Petitioner according to its terms. (5) Neither the execution and delivery of this Annexation Agreement nor the fulfillment of or compliance with its terms and conditions, nor the consummation of the transactions contemplated hereby, conflicts with or results in a breach of the terms, conditions or provisions or any restriction or any agreement or instrument to which the Petitioner is bound, or constitutes a default under any of the foregoing. (6) There is no litigation pending, or to the knowledge of Petitioner threatened, against the Petitioner or any person affecting the right ofthe Petitioner to execute this Annexation Agreement or to comply with the provisions hereof. (7) The representations and warranties of Petitioner contained herein will be true and correct in all material respects as of the date of recording the annexation plat and Ordinance of the City Council approving the annexation of the Property, as if made on the date of such recording. II. MASTER DEVELOPMENT PLAN Petitioner will prepare and submit or cause to be prepared and submitted to the Planning and Zoning 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 ofthe Property and shall consist of the following: (a) Development Plan, (b) Drainage Plan, (c) Sanitary Sewer Plan, (d) Transportation Plan, and (e) Environmental Study: (1) Development Plan The Development Plan shall be prepared in accordance with the requirements of Sections 12- 4- 5(a)(2) and 12- 4 -6(a) ofthe Pueblo Municipal Code. A development plan establishing the anticipated phasing ofthe development ofthe 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 current and future NPDES requirements. Associated impacts on City's existing and proposed surface water drainage system shall be identified in the Drainage Plan, and those impacts which are reasonably attributable to the development ofthe Property as determined by the City, in its sole discretion, shall be mitigated through surface water drainage improvements installed by and at the expense of the Petitioner. The Drainage Plan shall include a phasing plan or schedule for such improvements. Storm water detention facilities, designed and constructed in accordance with the MANUAL, may be used to mitigate the increased runoff due to development of the Property. (3) Sanitary Sewer Plan The Sanitary Sewer Plan shall be prepared in accordance with 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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 05199 ChrisC.Munoz Pueb1oCtyC1k &Rec RNNX AG R 196.00 D 0.00 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 ofPublic 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 ofthe Pueblo Municipal Code or as same may hereafter be amended for upgrading the existing off -site sanitary sewer system serving 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 ofthe 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 124- 6(bx3) ofthe 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 ofthe landfill area shall be identified on the Master Development Plan and shall be tested for the presence of methane IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIII IIIIIIII 1603123 19E Page: 3 ChrisC.Munoz PuebloCtyCIAReo ANNX AG R 196.00 D 0.00 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 Property has been classified under the City's comprehensive plan. X The property shall be zoned Agricultural One (A -1) for a period not to exceed one hundred e�e and twenty months from the date ofthis Annexation Agreement. However, no building or occupancy Initial 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 Initial 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 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. I IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 6030 23199 ChrisC.Munoz PuabloCtyClk &Reo RNNX AG R 196.00 _ D 0.00 IV. PUBLIC FACILITIES The Petitioner shall dedicate land and right -of -way for public uses and facilities necessary and required to serve the Property or required as a result of the development of the Property as determined by the City, in its sole discretion, including, but not limited to, sanitary and storm sewers, drainage ways and facilities, utilities, streets, roadways, trail systems and parks 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. The parties agree that, with respect to the Property, Petitioner's obligation to acquire and dedicate land and rights -of -way and to construct facilities, with regard to Red Creek Springs Road, the Red Creek Springs Road arroyo crossing, Bandera Parkway, the Bandera Parkway arroyo crossing and St. Clair Avenue are set forth in Exhibit C attached hereto and made a part hereof, and shall not be changed without the mutual consent of the parties. The parties further agree that, with respect to the Property, Petitioner's obligation to pay impact fees and/or construct improvements in lieu of paying impact fees in support of costs associated with the Bandera Corridor Improvements described in Exhibit C -3, is as set forth in Exhibit C, and shall not be changed without mutual consent of the parties. 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 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 serve 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 Petitioner's heirs, 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. IfPetitioner 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 IIIIII IIIII IIIIII IIIIII IIII IIIII IIIIII III VIII IIII IIII 0 6030 23199 ChrisC.Muno Pueb1o CtyC1k &Rec RNNX AG - R 196.00 D 0.00 satisfaction of the City. I IIIIII VIII IIIIII IIIIII IIII VIII IIIIII III VIII IIII IIII 0 1603123 19E VIII. AMENDMENTS ChrisC.Munoz Pu RNNX AG R 19 6.00 D 0 .00 Amendments to this Annexation Agreement may only be made through formal petition to and approval by Resolution of the City Council after such amendment has been submitted to and reviewed by the appropriate City Departments and such Departments have submitted their findings and recommendations to the City Council. All amendments to the Master Development Plan must be approved by the Planning and Zoning Commission after review and recommendation by the appropriate City Departments. IX. SEVERABILITY If any section, clause, or other provision of this Annexation Agreement is for any reason determined to be invalid or unenforceable by any court of competent jurisdiction, such determination shall not affect any of the remaining provisions of this Annexation Agreement. X. VESTED RIGHTS As a condition of and in consideration of the City annexing the Property, the Petitioner, for itself, its heirs, personal representatives, 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, either separately or jointly (a) creates or establishes a vested property right in or for the benefit of the Petitioner or its heirs, personal representatives, successors or assigns, or with respect to the Property; or (b) constitutes a site- specific development plan. The terms `bested 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 ofthe ordinance annexing the Property which meets and complies with this Annexation Agreement and City's ordinances, standards, and regulations. XII. DISCONNECTION (1) Disconnection by Petitioner Petitioner acknowledges and agrees that upon annexation of the Property, the Property shall become subject to this Annexation Agreement, the Charter, ordinances and rules and regulations of the City. Provided Petitioner complies with the terms, covenants and conditions of this Annexation Agreement, the City shall provide municipal services (but not infrastructure) 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 on this Annexation Agreement, proceedings may be instituted by the City to disconnect the Property from the City, and for such purpose, the Petitioner irrevocably consents to such disconnection proceedings and waives any and all rights to contest such disconnection. NM. 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 M PROVEMENTS_ 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. LIMITED RESTRICTION ON PERSONAL LIABILITY Petitioner, Floyd E. Orr, Jr., the Orr Trust, Margaret L. Orr (formerly Margaret L. Diodosio), William R. Ferrier and Jeannine L. Bledsoe (formerly Jeannine L. Krueger) (herein collectively the "Orrs ") have represented to the City that they are the owners of a large portion of the Property, that the Property they own is under contract or option to sell to The Proctor Family Partnership, LLLP, and that they will not and do not intend to develop the Property, or become the developers of the Property. Therefore, so long as the Orrs do not individually or jointly develop or become the developers of the Property and notwithstanding any contrary provision in this Annexation Agreement, the Orrs shall not be personally liable to perform the financial obligations of Petitioner set forth in the Annexation Agreement. Neither this Article XV nor any provisions hereof shall be or be deemed to be a release or impairment of any of the covenants, restrictions, obligations and agreements set forth in this Annexation Agreement with respect to the Property, The Proctor Family Partnership, LLLP, and, except as provided in the preceding paragraph, the Orrs, or preclude, or in any manner hinder the City from enforcing any and all rights, covenants, restrictions, obligations and agreements under this Annexation Agreement against the Property, The Proctor Family Partnership, LLLP, and, except as provided in the preceding paragraph, the On s. XVI. 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: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 519E ChrisC.Munoz Pueb1oCtyC1k &Rec RNNX PG R 196.00 0 0.00 (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: The Proctor Family Partnership, LLLP Attention: C.T. Proctor Drawer 3430 Pueblo, CO 81005 -0430 or to such other address as either party by written notice given hereunder may designate. (2) Governing Law This Annexation Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles. Venue for any action arising out of this Annexation Agreement shall be Pueblo County, Colorado. (3) No Third PAM Beneficiaries Nothing in this Annexation Agreement expressed or implied is intended to or shall be construed to confer upon, or to give to, any person other than the City and the Petitioner any right, remedy or claim under or by reason of this Annexation Agreement or any covenant, condition or stipulation hereof, and all the covenants, agreements and stipulations in this Annexation Agreement contained by and on behalf of the City or the Petitioner shall be for the exclusive benefit of the City and the Petitioner. (4) Singular, Plural Unless the context requires otherwise, words denoting the singular may be construed as denoting the plural. Words of the plural may be construed as denoting the singular. Words of one gender may be construed as denoting the other gender, if applicable. (5) Entire Agreement All prior discussions, representations, understandings and agreements, whether oral or written, between the parties with respect to the subject matter of this Annexation Agreement are merged in this Annexation Agreement, which constitutes the entire agrcMWdeen the parties. x+eted iRt Pueblo, Colorado as of the day and year first above written. PUEBLO, a Munici o oration i BY LAI President the City Council APPROVED AS TO FORM: City Attorn - IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 19E ChrisC.Munoz Pueb1oCtyC1k &Rec RNNX AG R 196.00 D 0.00 5:11 PETITIONER: THE PROCTOR FAMILY PARTNERSHIP, LLLP Un Title: C.T. Proctor, General Partner STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) oyd E. i6rr, Jr., individually; as trustee o the Orr Trust; and as agent and attorney in fact for Margaret L. Orr (formerly Margaret L. Diodosio), William R. Ferrier and Jeannine L. Bledsoe (formerly Jeannine L. Krueger) The foregoing instrument was acknowledged before me this / &ih day of r yj 2004, by Randy Thurston as President of City Council and Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. t W expires: 8 - Z) --ZCO? )LORADO ) ss. PUEBLO ) k"" NotMy Public The foregoing instrument was acknowledged before me this I— day of 2004, by C.T. Proctor as general partner of The Proctor Family Partnership, LLLP. Witness my hand and official seal My commission expires: CRYSTAL L. TROUT NOTARY PUBLIC STATE OF COLORADO My Commission Expires 05/13/2008 IIII IIIIII IIIIII IIII VIII IIIIII III VIII IIII IIII 0 603123 Chri I I Ct Clk &Rec ANNX AG R 196.00 D 0.00 ChrisC.Munoz Pueblo v i s$ IIIIII VIII IIIIII IIIIII IIII VIII IIIIII III IIIIII III IIII P 603123 STATE OF COLORADO ) ss 01/19/2005 11:19$ COUNTY OF PUEBLO ) ChrisC.Munoz PuebloCtYM&Rec RNNX AG R 196.00 D 0.00 The f regoing instrument was acknowledged before me thi day of 2004, by Floyd E. Orr, Jr., who executed this instrument individually; as T stee of the Orr Trust; and as agent and attorney in fact for Margaret L. Orr (formerly Margaret L. Diodosio), William R. Ferrier and Jeannine L. Bledsoe (formerly Jeannine L. Krueger). Witness my hand and official seal My commission expires: - 1 4- 0 [SEAL] CRYSTAL L. TROUT NOTARY PUBLIC STATE OF COLORADO My Commission Expires 05/13/2008 -10-