HomeMy WebLinkAbout07247Reception 1604634
01/28/2005
ORDINANCE NO. 7247
AN ORDINANCE ANNEXING THE AREA
COMMONLY KNOWN AS THE SOUTH VILLAGE AT
PUEBLO ANNEXATION AND DESCRIBED AS
APPROXIMATELY 25.98 ACRES NORTH OF THE
INTERSECTION OF BANDERA PARKWAY AND
COLORADO STATE HIGHWAY 78
WHEREAS, the City Planning and Zoning Commission has recommended
that the area described in Section 1 hereof be annexed to the City of Pueblo; and
WHEREAS, the City Council has heretofore found and determined by
Resolution that the Petition for Annexation and the area described in Section 1
hereof to be in compliance with the notice and other applicable provisions of the
Municipal Annexation Act of 1965 and C.R.S. §31-12-104,105 and 107(1); and
WHEREAS, the City Council has by Resolution found and determined that
an election is not required under C.R.S. §31 -12 -107 (2) and no additional terms
and conditions are to be imposed upon the area described in Section 1 other
than those set forth in the Petition for Annexation and the Annexation Agreement;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
that:
SECTION 1.
The following described area situated in Pueblo County, Colorado, is
hereby annexed to Pueblo, a Municipal Corporation, subject to the terms and
conditions set forth in the Petition For Annexation, and the Annexation
Agreement which is hereby approved, and the official map of the City shall be
amended to show such annexation:
A parcel of land located within the Northwest one - quarter of Section 16,
Township 21 South, Range 65 West of the a Principal Meridian being further
described as follows:
Beginning at the Northwest corner of said Section 16, thence S 00 E,
along the West line of said Northwest one - quarter of Section 16, a distance of
80.02 feet to the Southerly Right -of -way line of Sienna Drive (formerly Jones
Avenue); Thence S 89° 39'25" E a distance of 2.00 feet to the True Point of
Beginning;
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Thence along said Southerly Right -of -Way line (Existing City Limits Line) as
deeded to the City of Pueblo at Reception No. 1554502, Pueblo County records,
the following five courses:
1. Thence S 89 39'25" E a distance of 19.71 feet to the beginning of a
tangent curve to the left whose center bears N 00 20' 35" E, said
curve having a radius of 540.00 feet;
2. Thence along said curve through a central angle of 14 09'55", a
distance of 133.50 feet;
3. Thence N 76° 10'40" E a distance of 100.00 feet to the beginning of a
tangent curve to the right whose center bears S 13 49' 20" E, said
curve having a radius of 460.00 feet;
4. Thence along said curve through a central angle of 13 46'34", a
distance of 110.60 feet;
5. Thence N 89 57' 14" E a distance of 691.44 feet;
Thence S 42 14' 18" W, departing said Southerly Right -of -Way line, a distance
of 388.62 feet, more or less, to a point on the Southwesterly line of the Arkansas
Valley Conduit, to the beginning of a non - tangent curve to the left whose center
bears
N 62 30' 33" E, said curve having a radius of 502.50 feet;
Thence along said curve through a central angle of 48 00' 55 ", a distance of
421.11 feet;
Thence S 52 48" W, departing said Southwesterly line of the Arkansas
Valley Conduit, a distance of 147.65 feet (New City Limits Line);
Thence S 37 19'24" E, to a point on the Northerly Right -of -way line of Colorado
State Highway No. 78 (New City Limits Line) a distance of 290.43 feet, more or
less;
Thence S 52° 29' 52" W, along said Northerly Right -of -way line (Existing City
Limits Line), a distance of 839.18 feet to a point on the Northeasterly Right -of-
way line of Bandera Parkway as deeded to the City of Pueblo at Reception No.
1554502, Pueblo County records, the following four courses:
1. Thence N 37 30'03" E a distance of 71.15 feet to the beginning of a
tangent curve to the left whose center bears S 52° 29' 57" W, said
curve having a radius of 552.00 feet;
2. Thence along said curve through a central angle of 21 19'22", a
distance of 205.43 feet;
3. Thence N 58 49'25"W a distance of 101.97 feet to the beginning of a
tangent curve to the right whose center bears N 31 10' 35" E, said
curve having a radius of 448.00 feet;
4. Thence along said curve through a central angle of 58 44'32", a
distance of 459.31 feet;
Thence N 00 04'53"W, parallel with the West line of said Section 16, a distance
of 692.31 feet to the True Point of Beginning
Said Parcel contains 25.98 acres, more or less.
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SECTION
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Within thirty (30) days after the effective date of the Ordinance, the City Clerk
shall:
(a) File one copy of the annexation map with the original of this ordinance in the
office of the City Clerk;
(b) File for recording three certified copies of this Ordinance and annexation map
with the Pueblo County Clerk and Recorder;
(c) File one certified copy of the annexation map and this Ordinance with the
Southeastern Colorado Water Conservancy District.
SECTION 3
The City Council hereby consents to the inclusion of the annexed area in
the Southeastern Water Conservancy District pursuant to C.R.S. § 3745 -136
(3.6).
SECTION 4.
This ordinance shall become effective immediately upon final passage and
the annexation shall be effective for ad valorem tax purposes on and after
January 1, 2005.
ti"� INTRODUCED December 13. 2004
4
t ...,`,. BY Michael Occhiato
rr
COI INCIL PERSON
—` APPROVED
♦ '' 0 ^'' r °
PRESIDENT OF CITY COUNCIL
ATTEST:
ITY CLERK
PASSED AND APPROVED: December 27, 2004
Background Paper for Proposed
ORDINANCE
Y -7/ 47
AGENDA ITEM # 1.
DATE: DECEMBER 13, 2004
DEPARTMENT: COMMUNITY DEVELOPMENTMIM MUNCH
PLANNING DEPARTMENT /JIM MUNCH
AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE SOUTH
VILLAGE AT PUEBLO ANNEXATION AND DESCRIBED AS APPROXIMATELY 25.98
ACRES NORTH OF THE INTERSECTION OF BANDERA PARKWAY AND COLORADO
STATE HIGHWAY 78
ISSUE
Shall the City Council approve the proposed annexation of property that is located north
of the intersection of Bandera Parkway and Colorado State Highway 78?
RECOMMENW ION
The Planning and Zoning Commission, at their November 10, 2004 Regular Meeting,
voted 5-0 to recommend approval.
BACKGROUND
The South Village at Pueblo submitted by South Village at Pueblo LLC comprises 25.98
acres located south of Siena Drive and north of Colorado State Highway 78. The
property is currently zoned in an (A-4) Agricultural Zone District within Pueblo County. If
the annexation is approved, the applicant has agreed to file an application to rezone the
property to an R -2 Single Family Residential Zone District and subdivide the property
prior to the issuance of building permits. The Pueblo Regional Development Plan
identifies the future land use as both "Arterial Commercial Mixed Use' and "Urban
Residential Use ". The zoning of the property into an R -2 Single Family Residential
District may require findings that the land use character of the area has changed from the
"Arterial Commercial Mixed Use" shown on future land use map in the Pueblo Regional
Development Plan.
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.
Reception 1604636
01/28/2005
ANNEXATION AGREEMENT
• 1� 1� - - iSl.
This Annexation Agreement entered into as of December 27 , 2004, by and between
the City of Pueblo, a Municipal Corporation, (the "City") and South Village at Pueblo, LLC, a
Colorado Limited Liability Company (the "Petitioner ") WITNESSETH
WHEREAS, the Petitioner is the owner of the real property located in Pueblo County,
Colorado, and described in Exhibit "A" attached hereto and incorporated herein (the "Property");
WHEREAS, the Petitioner has submitted a petition for the annexation of the Property to the
City; and
WHEREAS, as a condition precedent to the annexation of the Property, Petitioner has agreed
to enter into an annexation agreement with the City setting forth certain terms and conditions with
respect to such annexation.
NOW THEREFORE, in consideration of the foregoing, and the covenants and conditions set
forth herein, the City and Petitioner agree as follows:
REPRESENTATION AND WARRANTIES OF PETITIONER
Petitioner hereby represents and warrants to, and covenants with, the City as follows:
(1) Petitioner is a limited liability company duly organized and validly existing under the
laws of Colorado.
(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 provisiope har f
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(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.
H. MASTER DEVELOPMENT PLAN
Petitioner will prepare and submit or cause to be prepared and submitted to the Planning and
Zoning Commission for approval a Master Development Plan for the Property. The Master
Development Plan shall be prepared in consultation with the City's Subdivision Review Committee
and Department of Planning and Development and submitted in its entirety to the Planning and
Zoning Commission. The Master Development Plan will comply with the policies of the Pueblo
Regional Comprehensive Development Plan existing as of the date the Master Development Plan is
approved, and will be designed to address, identify and resolve all development, drainage, utilities,
traffic and other infrastructure needs and requirements and the wide range of planning and
development issues involved in and with respect to the development of the Property. The Master
Development Plan as submitted and approved by the Planning and Zoning Commission will have the
flexibility to adapt to changing conditions over the estimated time period for the development of the
Property and shall consist of the following: (a) Development Plan, (b) Drainage Plan, (c) Sanitary
Sewer Plan, (d) Transportation Plan, and (e) Environmental Study:
(1) Development Plan The Development Plan shall be prepared in accordance with the
requirements of Sections 124- 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
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
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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 ofthe Pueblo Municipal
Code or as same may hereafter be amended.
If sanitary sewers are constructed downstream from the Property which will serve future
development outside the Property but within the sewer drainage basin, the Agreement may include
provisions allowing the Petitioner to he 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) 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
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.
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Petitioner may submit the Master Development Plan to the Planning and Zoning Commission
for approval any time after the City Council has found the petition for annexation of the Property to
be valid in accordance with the provisions of section 31 -12 -107, C.R.S. The City may refuse to
approve any building or occupancy permit for any portion or all of the Property until after a Master
Development Plan is approved.
III. ZONING AND SUBDIVISION
(1) No application for subdivision of all or any part of the Property shall be submitted to
or considered by the City until after the Master Development Plan has been approved by the Planning
and Zoning Commission; provided, however, that 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.
The property shall be zoned Agricultural One (A -1) for a period not to exceed
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 part of
the Property until after 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.
j_ X Petitioner will file an application to rezone the Property to a R -2 Single Family Residential
mt. Zone 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.
IV. PUBLIC FACILITIES
The Petitioner shall dedicate land and right -of -way for public uses and facilities necessary
and required to serve the Property or required as a result of the development of the Property as
determined by the City, in its sole discretion, including, but not limited to, sanitary and storm sewers,
drainage ways and facilities, utilities, streets, roadways, trail systems and parks. The Petitioner at its
expense shall construct and install all on -site and off -site improvements necessary and required to
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serve the Property or required as as re�fthe development oerfy — as Mefermined by the
City, in its sole discretion, including, but not limited to, streets, street lights, curbs and gutters,
sidewalks, bridges, traffic control devices, sanitary sewers, storm sewers, drainage and channel
improvements and facilities, but excluding public buildings such as fire stations. All such
improvements shall meet and comply with applicable City Ordinances in effect at the time of
installation of such improvements.
V. UTILITIES
The Petitioner shall comply with all applicable City of Pueblo (sanitary and storm sewers),
Public Service Company (natural gas), Aquila (electric), TCI Cablevision (cablevision), Pueblo
Board of Water Works (water), and Qwest (telephone/data transmission) requirements for the
installation of mains, lines, stations, and any other appurtenant utility facilities in effect at the time of
such installation.
VI. COMPLIANCE WITH ORDINANCES
The development, subdivision and zoning of the Property shall meet and comply with all
applicable ordinances, resolutions, regulations, and standards of the City now existing or hereinafter
enacted or amended.
VII. BINDING EFFECT
The covenants, restrictions, and agreements herein set forth are covenants running with the
Property, shall run with and bind the Property, and shall extend to and be binding upon the Petitioner
and its legal representatives, successors, assigns and transferees. The Petitioner expressly accepts
and agrees to the covenants, restrictions, and agreements set forth herein by execution of this
Annexation Agreement and by the filing of its petition for annexation. If Petitioner defaults in any
of its obligations under this Annexation Agreement, including, without limitation, land dedication
obligations, City, upon notice given to Petitioner specifying the default, may withhold all
subdivision, special area plan, and other development approvals as well as building and occupancy
permits for any building or structure within the Property until such default has been corrected to the
satisfaction of the City.
VIII. AMENDMENTS
Amendments to this Annexation Agreement may only be made through formal petition to and
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.
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As a condition of and in consideration of the City annexing the Property, the Petitioner, for
itself and its successors and assigns waives and releases all previously acquired or existing vested
property rights attached to or established with respect to the Property.
The Petitioner acknowledges and agrees that neither this Annexation Agreement nor any
provision hereof, nor the annexation of the Property to the City, nor the approval of the Master
Development Plan, zoning or subdivision, either separately or jointly (a) creates or establishes a
vested property right in or for the benefit of the Petitioner or its successors or assigns, or with respect
to the Property; or (b) constitutes a site - specific development plan. The terms "vested property
right" and "site- specific development plan" shall have the same meaning as set forth in Section 17-
12-2 of the Pueblo Municipal Code and §24 -68 -101, et seq., C.R.S.
XI. BUILDING PERMITS
No building or occupancy permit shall be approved by the City or issued by the Pueblo
Regional Building Department to occupy, construct or install any building, structure or other
improvement on the Property except within a subdivision approved by the City after adoption of the
ordinance annexing the Property which meets and complies with this Annexation Agreement and
City's ordinances, standards, and regulations.
XII. DISCONNECTION
(1) Disconnection by Petitioner Petitioner acknowledges and agrees that upon
annexation of the Property, the Property shall become subject to this Annexation Agreement, the
Charter, ordinances and rules and regulations of the City, but that City shall not have any obligation
to furnish or extend municipal services to the Property. Petitioner may, three (3) or more years after
annexation, petition under §31 -12 -119 C.R.S. for disconnection from the City if the City does not,
upon demand, provide the same municipal services to the Property on the same general terms and
conditions as the rest of the City receives.
(2) Disconnection by City If, for any reason, the Master Development Plan is not
approved and adopted by the Planning and Zoning Commission within three (3) years from date of
this Annexation Agreement, proceedings may be instituted by the City to disconnect the Property
from the City, and for such purpose, the Petitioner irrevocably consents to such disconnection
proceedings and waives any and all rights to contest such disconnection.
XIII. CONTRACTUAL NATURE OF ANNEXATION AGREEMENT
The terms, conditions and obligations of this Annexation Agreement are and shall be
construed to be purely contractual in nature, as terms, conditions and obligations voluntarily agreed
to by City and Petitioner prior to annexation of the Property to the City. The terms, conditions and
obligations imposed on Petitioner and the Property by this Annexation Agreement are not nor shall
they individually or cumulatively be construed to be conditions upon granting land -use approvals
within the meaning of sections 29 -20 -201 to 29 -20 -204, C.R.S.
IRE
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: Franklin S. Sullivan III, Manager
South Village at Pueblo, LLC
P.O. Box 50647
Colorado Springs, CO 80949
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.
(3) No Third Party Beneficiaries Nothing in this Annexation Agreement expressed or
implied is intended to or shall be construed to confer upon, or to give to, any person other than the
City and the Petitioner any right, remedy or claim under or by reason of this Annexation Agreement
or any covenant, condition or stipulation hereof; and all the covenants, agreements and stipulations in
this Annexation Agreement contained by and on behalf of the City or the Petitioner shall be for the
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 Ageement 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.
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Pueblo, Colorado as of the day and year first above written.
,9
APP RO AS TO FORM:
City Attorney
PUEBLO, a Municipal Corporation
By �,,)
--
President the City Council
PETITIONERS:
[SEAL]
Attest:
By
Title
STATE OF COLORADO ) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this&:�Nay of December ,
20 04, 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.
My commission expires: 8 -21 -2007
[SE A�ao I , - Notary Public
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South Village at Pueblo, LLC, a Colorado
0 — U -00-043D IIIIII VIII IIIIII III IIIIII IIIIIII VIII III VIII IIII IIII P 604636
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COUNTY OF
The foregoing instrument was acknowledged before me this day of Cam
2aeL, by Franklin S. Sullivan III. Manager.
Witness my hand and official seal
My commission expires: 7 -a l - 7
[SEAL]
in
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EXHIBIT A
ANNEXATION
A parcel of land located within the Northwest one -quarter of Section 16, Township 21 South,
Range 65 West of the 6 Principal Meridian being further described as follows:
Beginning at the Northwest corner of said Section 16, thence S 00° 04' 53" E, along the West
line of said Northwest one - quarter of Section 16, a distance of 80.02 feet to the Southerly Right -
of -way line of Sienna Drive (formerly Jones Avenue); Thence S 89 39'25" E a distance of 2.00
feet to the True Point of Beginning;
Thence along said Southerly Right -of -Way line (Existing City Limits Line) as deeded to the City
of Pueblo at Reception No. 1554502, Pueblo County records, the following five courses:
1. Thence S 89° 39'25" E a distance of 19.71 feet to the beginning of a tangent curve
to the left whose center bears N 00 20' 35" E, said curve having a radius of 540.00
feet;
2. Thence along said curve through a central angle of 14 09' 55 ", a distance of 133.50
feet;
3. Thence N 76 10'40" E a distance of 100.00 feet to the beginning of a tangent curve
to the right whose center bears S 13° 49' 20" E, said curve having a radius of 460.00
feet;
4. Thence along said curve through a central angle of 13° 46' 34 ", a distance of 110.60
feet;
5. Thence N 89° 57' 14" E a distance of 691.44 feet;
Thence S 42° 14' 18" W, departing said Southerly Right -of -Way line, a distance of 388.62 feet,
more or less, to a point on the Southwesterly line of the Arkansas Valley Conduit, to the
beginning of a non - tangent curve to the left whose center bears
N 62 30' 33" E, said curve having a radius of 502.50 feet;
Thence along said curve through a central angle of 48° 00' 55 ", a distance of 421.11 feet;
Thence S 52° 37'48" W, departing said Southwesterly line of the Arkansas Valley Conduit, a
distance of 147.65 feet (New City Limits Line);
Thence S 37 19'24" E, to a point on the Northerly Right -of -way line of Colorado State Highway
No. 78 (New City Limits Line) a distance of 290.43 feet, more or less;
Thence S 52° 29' 52" W, along said Northerly Right -of -way line (Existing City Limits Line), a
distance of 839.18 feet to a point on the Northeasterly Right -of -way line of Bandera Parkway as
deeded to the City of Pueblo at Reception No. 1554502, Pueblo County records, the following
four courses:
1. Thence N 37 30'03" E a distance of 71.15 feet to the beginning of a tangent curve
to the left whose center bears S 52° 29' 57" W, said curve having a radius of 552.00
feet;
2. Thence along said curve through a central angle of 21 ° 19' 22 ", a distance of 205.43
feet;
3. Thence N 58 49'25" W a distance of 101.97 feet to the beginning of a tangent curve
to the right whose center bears N 31 10'35" E, said curve having a radius of 448.00
feet;
4. Thence along said curve through a central angle of 58° 44' 32 ", a distance of 459.31
feet;
Thence N 00° 04' 53" W, parallel with the West line of said Section 16, a distance of 692.31 feet
to the True Point of Beginning
Said Parcel contains 25.98 acres, more or IeGs
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EXHIBIT B
NONE
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EXHIBIT "C"
SPECIAL IMPROVEMENTS, DEDICATIONS AND IMPACT FEES
SOUTH VILLAGE AT PUBLO (A -04-04)
ANNEXATION AGREEMENT
1. Off -Site Roadways
In compliance with the Pueblo Area Transportation System Plan, the City of
Pueblo will identify for the Petitioner the alignment of off -site freeways, arterials
and collectors, which provide connectivity to the Property. Petitioner will cause all
local roadways within the Property to connect with all adjoining local roadways.
"Identify" does not mean or include surveying or engineering services.
2. Bandera Corridor Roadways and Arroyo Crossings Assessments
In order to fund the cost and expenses for the design, engineering, and
construction of Bandera Parkway, Red Creek Springs Road, and Lehigh Avenue
including four arroyo crossings as shown on the attached Exhibit "C-1", (herein the
Bandera Corridor Project Area "), Petitioner and any subsequent owner of all or
any part of the Property shall, as a condition of the issuance of a building permit
for the construction of one or more dwelling units within the Property, pay a
development fee of $2,200.00 for each dwelling unit to be constructed within the
Property ( "Fee "). The Fee shall be paid to the City at the time a building permit is
issued for each dwelling unit and shall be deposited in an interest - bearing escrow
account identified as the "Bandera Account." Monies on deposit in the Bandera
Account shall be used only for the improvements described and shown on the
attached Exhibit "C -2" ('Bandera Corridor Improvements "), and shall not fund
infrastructure or utility improvements located within the rights -of -way of Bandera
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Parkway, Red Creek Springs Road, or Lehigh Avenue. Petitioner, for itself and its
successors and assigns, including all subsequent owners of land within the
Property, stipulate and agree that there is an essential nexus between the Fee and
the City's legitimate interest in providing for the construction and development of
the Bandera Corridor Improvements, and that the Fee is roughly proportional both
in nature and extent to the impact of the proposed development of the Property.
If Petitioner incurs cost and expenses for the installation and construction of
any part of the Bandera Corridor Improvements, ( "Reimbursable Costs "),
Petitioner may request reimbursement from the Bandera Corridor Account for the
improvements based on the pro rata share of the linear footage costs included in
the Cost Estimate attached as Exhibit C -2. All requests for reimbursement shall
be made to and approved by the Director of Public Works based upon the Cost
Estimate attached as Exhibit C -2. Request for reimbursement shall be made upon
such forms and with such supporting documents as the Director of Public Works
shall determine. Request for reimbursement may not be submitted until after the
improvements comprising a part of the Bandera Corridor Improvements for which
reimbursement is eligible and requested have been constructed or installed and
approved by the Director of Public Works, but in no event later than two (2) years
after the improvements have been constructed or installed.
If there are inadequate monies in the Bandera Account 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 for dwelling units constructed within the Bandera Corridor Project
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Area paid and deposited in the Bandera Account become available for such
payment.
Reimbursable Costs shall not be in addition to any cost recovery available
to Petitioner under Section 12 -4 -12 of the Pueblo Municipal Code ( "Cost
Recovery"). Any Cost Recovery to which Petitioner shall be entitled pursuant to
said Section 12 -4 -12 with respect to all or any part of the Reimbursable Costs for
which Petitioner has filed a request for reimbursement shall be collected by the
City and deposited in the Bandera Account.
3. Bandera Parkway /SH78 Traffic Control Signalization
As a condition to the approval of the first subdivision which includes any
portion of the Property, the Petitioner will enter into an agreement to pay a pro-rata
share of a traffic control signalization at the intersection of Bandera Parkway and
SH 78. Petitioner's pro -rata share will be determined at the time of approval of the
first subdivision which includes any portion of the Property by a traffic analysis
approved by the City and CDOT. Petitioner's pro -rata share will not be subject to
reimbursement as Reimbursable Costs described in Section 3 hereof.
4. Secondary Access Road
No more than two thousand (2,000) vehicle trips may be generated (approximately
two hundred (200) housing units constructed) before a secondary access other
than Bandera Parkway is provided to all subdivided portions of the Property. City
may refuse to approve any subsequent subdivision or issue building permits until
such secondary access is provided.
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5. Roadway Impact Fee
If the City shall impose an impact fee for the purpose of developing and
constructing major and minor arterial roadways in the Bandera Corridor Project
Area ( "Impact Fee "), the Fee required by Section 2 hereof shall no longer be
required to be paid for that portion of the Property subject to the Impact Fee prior
to the issuance of building permits for dwelling units within the Property issued
after the effective date of the imposition of the Impact Fee, provided, however, that
Petitioner and each subsequent owner of land within the Property shall consent to
and pay the Impact Fee in lieu of the Fee. In order to implement this Section and
Section 2 above, Petitioner shall place restrictive covenants of record sufficient to
bind all land within the Property thereto.
6. Bandera Boulevard Special Improvement Maintenance District
Petitioner shall, at the request of the City, sign a petition pursuant to
Chapter 9, Title XII, 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 right -of -way along 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.
7. Stormwater
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 and all stormwater releases shall meet NPDES stormwater quality
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requirements. The Petitioner shall be responsible to acquire and dedicate at its
sole expense all easements for such purposes. The Petitioner also shall construct
at its sole expense a stormwater drainage system and detention facility in
compliance with the City's Drainage Criteria Manual (June 9, 1997) and 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 Director of Public Works.
The off -site downstream storm drainage facilities 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 must be approved by the City's
Director of Public Works.
8. Trail Right -of -Way Dedication and Construction
Petitioner shall at the time of the first subdivision bordering the Bandera
Parkway right -of -way within the Property dedicate or cause to be dedicated a
recreational trail easement between the north and south boundary of the Property
adjacent to the east boundary of the right -of -way of Bandera Parkway. In addition,
the Petitioner shall at the time of the first subdivision bordering Colorado State
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Highway 78 within the Property de i�or cause to be dedicated a recreational
trail easement between the east and west boundary of the Property adjacent to the
northern boundary of the right -of -way of Colorado State Highway 78. The
alignment and width of the trail easements shall be acceptable to the City's
Director of Public Works. The Petitioner shall be responsible for all costs incurred
for the dedication of the trail easements to the City.
Petitioner shall, not later than one - hundred eighty (180) days after the
issuance of the first building permit for construction within the first subdivision
bordering the Bandera Parkway right -of -way within the Property, and prior to the
issuance of a certificate of occupancy for any structure within said property,
construct at its sole expense a 10' wide concrete trail, referenced in Section 8.
above, between the north and south boundary of the Property in the alignment
approved by the Director of Public Works that could include portions of the
Bandera Parkway right -of -way and the recreational trail easement referenced
above.
In addition, the Petitioner shall, not later than one - hundred eighty (180)
days after the issuance of the first building permit for construction within the first
subdivision bordering the Colorado State Highway 78 right -of -way within the
Property, and prior to the issuance of a certificate of occupancy for any structure
within said property, construct at its sole expense a 10' wide concrete trail, within
recreational trail easement referenced in Section 8. above, between the east and
west boundary of the Property adjacent to the northern boundary of the right -of-
way of Colorado State Highway 78.
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The construction of the recreational trails as shown on Exhibit C -3 must be
in compliance with the City's standard construction specifications and standard
details then in effect, and in an alignment as shown on plans and profiles
approved by the Director of Public Works. If the concrete trails are not constructed
within said one - hundred eighty (180) day periods all then existing and outstanding
building permits for construction within the property, except those building permits
under which actual construction commenced prior to the expiration of said one-
hundred eighty (180) day period, shall be canceled.
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EXHIBIT C -2
Bandera Corridor Project Area
Cost Estimate
Roadway and Arroyo Crossings
Roadway Improvement Costs
Bandera Parkway (48' of asphalt with landscaped median)
Curb & Gutter
48' wide Asphalt
Median
Cut & Fill
Design /Engineering (11 %)
Total $216.00/ft.
Red Creek Springs /Lehigh Ave. (East of Bandera Parkway)
Curb & Gutter $20 perft 5980 ft $119,600
44' wide Asphalt $90 perft 5980 ft $538,200
Cut & Fill $25 perft 5980 ft $149,500
Design /Engineering (11 %) $88,803
Total $150.00/ft. $896,103
Red Creek Springs /Lehigh Ave. (West of Bandera Parkway)
Curb & Gutter $20 perft 3930 ft $78,600
60' wide Asphalt $125 per ft 3930 ft $491,250
Cut & Fill $25 perft 3930 ft $98,250
Design /Engineering (11 %) $73,491
Total $189.00/ft. $741,591
$40
perft 10000 ft
$400,000
$100
perft 10000 ft
$1,000,000
$30
perft 10000 ft
$300,000
$25
perft 10000 ft
$250,000
$214,500
$2,164,500
$896,103
$741,591
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$2,164,500
Page 1 of 2
Bardera Corridor Project Area
Cost Estimate
Roadways and Arroyo Crossings
Roadway Crossings Costs
Bandera Parkway (north)
Red Creek Springs Road
Lehigh Avenue
Bandera Parkway (south)
Estimated Total Cost for Roadway Crossings
TOTAL COST FOR ROADWAYS AND
Cost Per Lot (714 acres x 4 lots /acre) 2856 lots
$1,100,000
$450,000
$450,000
$500,000
$2,500,000
$6,302,194
$2,200
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Exhibit C -3
Trail Alignments
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