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HomeMy WebLinkAbout07248Reception 1604637 01/28/2005 ORDINANCE NO. 7248 AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE SOUTH VILLAGE 2 AT PUEBLO ANNEXATION AND DESCRIBED AS APPROXIMATELY 3.35 ACRES SOUTHWEST OF BANDERA PARKWAY AND NORTH OF 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 comer 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 1092.04 feet to the Southerly Right -of -way line of Bandera Parkway as deeded to the City of Pueblo at Reception No. 1554502, Pueblo County records and the True Point of Beginning, thence along the following four courses: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 604637 07A Chri .Mun Puebl c ORD R 16.00 0 0.00 ChrisC.Munoz PuebloCivClk &Re Said point is also the beginning of a non - tangent curve to the left whose center bears N 54 31'39" E, said curve having a radius of 552.00 feet; 1. Thence along said curve through a central angle of 23 21' 04 ", a distance of 224.97 feet (Existing City Limits Line); 2. Thence S 58 49' 25" E a distance of 101.97 feet to the beginning of a tangent curve to the right whose center bears S 31 ° 10' 35" W, said curve having a radius of 448.00 feet; 3. Thence along said curve through a central angle of 21 19' 22 ", a distance of 166.72 feet; 4. Thence S 37 30' 03" E, to a point on the Northerly Right -of -way line of Colorado State Highway No. 78, a distance of 71.15 feet, more or less; Thence S 52 29' 52° W, along said Northerly Right -of -way line to a point on the West line of said Northwest one -quarter of Section 16, a distance of 525.46 feet, more or less; Thence N 00 04' 53" W, along said West line (Existing City Limits Line), a distance of 691.64 feet to the True Point of Beginning Said Parcel contains 3.35 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). IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIII 604637 Page: 07A ChrisC.Munoz PuebloCtYMSRe0 ORD R 16.0 D 0.00 IIIIIII VIII IIIIIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIIIIIII 0 SECTION 4. 604637 elizaiz0es 11:07a C PuebloCtyC1k &Rec ORD R 16 .00 0 0.00 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, 2QQI% 4. c.. , , 4tv ` INTRODUCED December 13. 2004 ' rx 44- BY Michael Occhiato f4'J , J am: • COUNCIL PERSON APPROVED PRES19ENT OF CITY COUNCIL ATTEST: !: -- � , -: 1 , Q"k ITY CLERK PASSED AND APPROVED: December 27, 2004 r� V '� � ED �ZS 0 i10 Background Paper for Proposed ORDINANCE AGENDA ITEM # DATE: DECEMBER 13, 2004 DEPARTMENT: COMMUNITY DEVELOPMENTMIM MUNCH PLANNING DEPARTMENTMIM MUNCH Fit-= AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE SOUTH VILLAGE 2 AT PUEBLO AND DESCRIBED AS APPROXIMATELY 3.35 ACRES SOUTHWEST OF BANDERA PARKWAY AND NORTH OF COLORADO STATE HIGHWAY 78 ISSUE Shall the City Council approve the proposed annexation of property that is southwest of Bandera Parkway and north of Colorado State Highway 78? RECOMMENDATION The Planning and Zoning Commission, at their November 10, 2004 Regular Meeting, voted 5-0 to recommend approval. BACKGROUND The South Village 2 at Pueblo submitted by South Village at Pueblo LLC comprises 3.35 was located southwest of Bandera Parkway 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 "Arterial Commercial Mixed 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. , i, _.%1 ,19 1� 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 1604639 01/28/2005 ANNEXATION AGREEMENT CASE NO. A -04 -05 South Village 2 at Puehl This Annexation Agreement entered into as of December 27 , 2004, by and between the City of Pueblo, a Municipal Corporation, (the "City") and South VillaQe%t Pueblo, LLC, a Colorado Limited Liability Company (the "Petitioner") WTTNESSETH 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 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. Il. MASTER DEVELOPMENT PLAN Petitioner will prepare and submit or cause to be prepared and submitted to the Planning and Zoning Commission for approval a Master Development Plan for the Property. The Master Development Plan shall be prepared in consultation with the City's Subdivision Review Committee and Department of Planning and Development and submitted in its entirety to the Planning and Zoning Commission. The Master Development Plan will comply with the policies of the Pueblo Regional Comprehensive Development Plan existing as of the date the Master Development Plan is approved, and will be designed to address, identify and resolve all development, drainage, utilities, traffic and other infrastructure needs and requirements and the wide range of planning and development issues involved in and with respect to the development of the Property. The Master Development Plan as submitted and approved by the Planning and Zoning Commission will have the flexibility to adapt to changing conditions over the estimated time period for the development of the Property and shall consist of the following: (a) Development Plan, (b) Drainage Plan, (c) Sanitary Sewer Plan, (d) Transportation Plan, and (e) Environmental Study: (1) Development Plan The Development Plan shall be prepared in accordance with the requirements of Sections 12- 4- 5(a)(2) and 124-6(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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 6O4639 Page: 07A ChrisC.Munoz Pueb1oCtyC1k &Rec fANNX RC R 106.00 D 0.00 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 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 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. 1111111111111111111111111111111111111111 1604639 Q 3 of 21 Ghr 111111111111111 . mun z Rec RNNX AG R 106.00 0 0.00 Chr isC.Munoz PuebloCtyClk& _ _ _ 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. X Petitioner will file an application to rezone the Property to a R -2 Single Family Residential inL 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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII 6O4639 Page: 07A ChrisC.Mun02 Pueb1oCtyC1k&Rec ANNX AG R 106.00 D 0.00 serve the Property or required as a result of the development of the Property as determined by the City, in its sole discretion, including, but not limited to, streets, street lights, curbs and gutters, sidewalks, bridges, traffic control devices, sanitary sewers, storm sewers, drainage and channel improvements and facilities, but excluding public buildings such as fire stations. All such improvements shall meet and comply with applicable City Ordinances in effect at the time of installation of such improvements. V. UTILITIES The Petitioner shall comply with all applicable City of Pueblo (sanitary and storm sewers), Public Service Company (natural gas), Aquila (electric), TCI Cablevision (cablevision), Pueblo Board of Water Works (water), and Qwest (telephone/data transmission) requirements for the installation of mains, lines, stations, and any other appurtenant utility facilities in effect at the time of such installation. VI. COMPLIANCE WITH ORDINANCES The development, subdivision and zoning of the Property shall meet and comply with all applicable ordinances, resolutions, regulations, and standards of the City now existing or hereinafter enacted or amended. VII. BINDING EFFECT The covenants, restrictions, and agreements herein set forth are covenants running with the Property, shall run with and bind the Property, and shall extend to and be binding upon the Petitioner and its legal representatives, successors, assigns and transferees. The Petitioner expressly accepts and agrees to the covenants, restrictions, and agreements set forth herein by execution of this Annexation Agreement and by the filing of its petition for annexation. If Petitioner defaults in any of its obligations under this Annexation Agreement, including, without limitation, land dedication obligations, City, upon notice given to Petitioner specifying the default, may withhold all subdivision, special area plan, and other development approvals as well as building and occupancy permits for any building or structure within the Property until such default has been corrected to the satisfaction of the City. VIII. AMENDMENTS Amendments to this Annexation Agreement may only be made through formal petition to and 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. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 6O4639 P 07A ChrisC.Munoa Pueb1cCtvC1k &Rec ANNX AG R 106.00 D 0.00 X. VESTED RIGHTS As a condition of and in consideration of the City annexing the Property, the Petitioner, for itself and its successors and assigns waives and releases all previously acquired or existing vested property rights attached to or established with respect to the Property. The Petitioner acknowledges and agrees that neither this Annexation Agreement nor any provision hereof, nor the annexation of the Property to the City, nor the approval of the Master Development Plan, zoning or subdivision, either separately or jointly (a) creates or establishes a vested property right in or for the benefit of the Petitioner or its successors or assigns, or with respect to the Property; or (b) constitutes a site - specific development plan. The terms "vested property right" and "site- specific development plan" shall have the same meaning as set forth in Section 17- 12-2 of the Pueblo Municipal Code and §24 -68 -101, et seq., C.R.S. XI. BUILDING PERMITS No building or occupancy permit shall be approved by the City or issued by the Pueblo Regional Building Department to occupy, construct or install any building, structure or other improvement on the Property except within a subdivision approved by the City after adoption of the ordinance annexing the Property which meets and complies with this Annexation Agreement and City's ordinances, standards, and regulations. XII. DISCONNECTION (1) Disconnection by Petitioner Petitioner acknowledges and agrees that upon annexation of the Property, the Property shall become subject to this Annexation Agreement, the Charter, ordinances and rules and regulations of the City, but that City shall not have any obligation to furnish or extend municipal services to the Property. Petitioner may, three (3) or more years after annexation, petition under §31 -12 -119 C.R.S. for disconnection from the City if the City does not, upon demand, provide the same municipal services to the Property on the same general terms and conditions as the rest of the City receives. (2) Disconnection by City If, for any reason, the Master Development Plan is not approved and adopted by the Planning and Zoning Commission within three (3) years from date of this Annexation Agreement, proceedings may be instituted by the City to disconnect the Property 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 terns, 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. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 0 6 of 21 p ChrisC.Munoz Pueb1OCtYC1k &Rec RNNX AG R 106.00 0 0 .00 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 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. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 6O4639 Page: 07A ChrisC.Munoa Pueb1oCtyC1k &Rec RNNX AG R 106.00 D 0.00 -7- fast C Axe u�t at PuSbIo as of the day and year first above written. g PUEBL a Municipal Corpora ion SE 1 []� B Attest:' 0 President o the City Council 'C k APPROVED AS TO FORM: City Atto PETITIONERS: [SEAL] Attest: By Title STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this aL iay 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 Sc "e!Q9 O R j • �O No Vary Public 9TF F coy ° PP °Q I IIIIII VIII IIIIII III IIIIII Pa ge: 604639 IIII IIIIIIII III VIII IIII ills 01,26,2005 11.07A P ChrisC.Munoa Pueb1oCtyC1k &Reo RNNX AG R 106.00 0 0.00 South Village at Pueblo, LLC, a Colorado STATE OF (;0e-PA=)O ) COUNTY OF Pc)F —F—A— ? ) ss. The foregoing instrument was acknowledged before me this 14� day of 20 O , by Franklin S. Sullivan III. Manager. Witness my hand and official seal My commission expires: [SEAL] Z, Notary�u lic V \1 "���' "'•• - o-o-o- O c c% IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIII a 6O4639 07A ChrisC.Munoz PuebloCtyClk6Rec RNNX AG R 106.00 D 0.00 &I 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 1092.04 feet to the Southerly Right -of -way line of Bandera Parkway as deeded to the City of Pueblo at Reception No. 1554502, Pueblo County records and the True Point of Beginning, thence along the following four courses: Said point is also the beginning of a non - tangent curve to the left whose center bears N 54 31' 39" E, said curve having a radius of 552.00 feet; 1. Thence along said curve through a central angle of 23 21'04 ", a distance of 224.97 feet (Existing City Limits Line); 2. Thence S 58° 49' 25" E a distance of 101.97 feet to the beginning of a tangent curve to the right whose center bears S 31 ° 10' 35" W, said curve having a radius of 448.00 feet; 3. Thence along said curve through a central angle of 21 19'22", a distance of 166.72 feet; 4. Thence S 37° 30' 03" E, to a point on the Northerly Right -0f - -way line of Colorado State Highway No. 78, a distance of 71.15 feet, more or less; Thence S 52 29' 52" W, along said Northerly Right -of -way line to a point on the West line of said Northwest one - quarter of Section 16, a distance of 525.46 feet, more or less; Thence N 00 04' 53" W, along said West line (Existing City Limits Line), a distance of 691.64 feet to the True Point of Beginning Said Parcel contains 3.35 acres, more or less. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 60 010of21 q ChrisC.Munoz Pueb1oCtyC1k&Rec ANNX AG R 106.00 D 0.00 -10- EXHIBIT B NONE 111111 dV'�pl�'I��V�I�NNM 1604639 Page: 11 of 21 01/28/2005 11:078 00 D 0.00 -11- EXHIBIT "C" SPECIAL IMPROVEMENTS, DEDICATIONS AND IMPACT FEES SOUTH VILLAGE AT PUBLO 2 (A -0405) 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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 6O4639 07A ChrisC.Munoz Pueb10CtYC1k&Rec RNNX AG R 106.00 D 0.00 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 costs 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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 604639 Page: 07A 2 ChrisC.Munoz PuebloCtyClkMec ANNX AC R 106.00 D 0.00 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 Sionalization 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. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 6@4639 070 ChrisC,Munoz Pueb1cCtYC1k &Rec RNNX AG R 106.00 D 0.00 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 IIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 6O463907A a ChrisC.Munoz Pueb1oCtyC1k &Rec ANNX AG R 108.00 D 0.00 ge: 16 of 21 IIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 60463907A ChrisC.Munoz Pueb1oCtYC1k &Rec ANNX AG R 106.00 D 0.00 requirements. The Petitioner - swan i 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 Colorado State Highway 78 within the Property dedicate 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 easement shall be acceptable to the City's Director 5 of Public Works. The Petitioner shall be responsible for all costs incurred for the dedication of the trail easement 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 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. 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. IIIIII VIII IIIIII III IIIIII IIII IIIIIIII III IIIIII III IIII 160 of 21 ChrisC.Munoz PuebloCtyMMeo RNNX AG R 106.00 D 0.0 2 m m m 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 44' wide Asphalt Cut & Fill Design /Engineering (11 %) Total $150.00/ft. 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 $2,164,500 $896,103 $741,591 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 60 Page: f ChrisC.Munoz Pueb1OCtyC1k &Rec ANN% AG R 106.00 D 0.00 $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 $20 perft 5980 ft $119,600 $90 perft 5980 ft $538,200 $25 perft 5980 ft $149,500 $88,803 $2,164,500 $896,103 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 k 11011 f_1 W910 1.12101:111:10119171_\E -KL` I9Zd;T-g1 *-i IZ1 *1 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 IIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 160 of 21 ` ChrisC.Munoz Pueb1oCtYC1k &Rec ANNX AG R 106.00 0 0.00 Page 2 of 2 Legend Trails Align South Village 2 DOCUMFNT P 1--L jv,-�-, 1-1--�,,� NO T I - E-U` ! P L E F 0 R 1 N 1: A '3 1 NIG Exhibit Trail Alignment 1604639 Page: 21 of 21 01/28/2005 11 OT CnrisC Munoz PuebloCtyCik&Rec ANNX AG R 106.00 0 0.00