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Home My WebLink About07308Reception 1643623 10/14/2005 ORDINANCE NO. 7308 AN ORDINANCE AMENDING THE ANNEXATION AGREEMENT FOR THE AREA COMMONLY KNOWN AND DESCRIBED AS NORTH OF RED CREEK SPRINGS ROAD AND EAST OF THE GOODNIGHT ARROYO, AS APPROVED BY ORDINANCE NO. 7241 WHEREAS, The Proctor Family Partnership No. 2, and Domega Homes of Colorado, Inc., a Colorado corporation (herein collectively the °Petitioner") are the owners of property that was annexed into the City of Pueblo commonly known as the Regency Crest West Annexation, Case No. A -03-04 and described as North of Red Creek Springs Road and East of the Goodnight Arroyo as approved in Ordinance No. 7241 and are subject to the certain terms and conditions contained within the Regency Crest West Annexation Agreement, Case No. A -03-04, desires to amend the Annexation Agreement. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment to the Annexation Agreement as approved by Ordinance No. 7241, dated December 13, 2004, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. This Ordinance shall become effective immediately upon Petitioner executing an agreement approving the amendment to the Annexation Agreement set forth in Section 1 and ratifying and confirming the Annexation Agreement which will thereafter be recorded by the City Clerk in the records of the Pueblo County Clerk and Recorder. GH LO. C: � 4 �"„ INTRODUCED Mav 9. 2005 PASSED AND APPROVED: May 23, 2005 Background Paper for Proposed ORDINANCE AGENDA ITEM 0 j-A i q DATE: MAY 9 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENTMIM MUNCH TITLE AN ORDINANCE AMENDING THE ANNEXATION AGREEMENT FOR THE AREA COMMONLY KNOWN AND DESCRIBED AS NORTH OF RED CREEK SPRINGS ROAD AND EAST OF THE GOODNIGHT ARROYO, AS APPROVED BY ORDINANCE NO. 7241 ISSUE Shall the City Council amend Exhibit C to Annexation Agreement Case No. A -03-04 allowing for the subdivision of Neighborhood D prior to the completion of Orr Park? RECOMMENDATION Approval of Ordinance. BACKGROUND The Regency Crest West Annexation, Case No. A -03-04, was approved by City Council on December 13, 2004 through Ordinance No. 7241. The annexation agreement requires the completion of the construction of Orr Park prior to the subdivision of Neighborhoods D -J which is identified in Exhibit C -1 of the Annexation Agreement. The Petitioner would like to include Neighborhoods A -D in the first subdivision of the property and is requesting the Annexation Agreement be amended to allow for Neighborhood D to be subdivided prior to the construction of Orr Park. The timing for the construction of Orr Park is included within the Annexation Agreement in Exhibit C -2, Schedule of Improvements, September 27, 2004, Regency Crest West Master Plan Development Schedule. The schedule identifies the following timing for the park construction: Neighborhood A Grade Drainage Facility /Orr Park site Neighborhood B Commence construction of Orr Parts according to park plan approved by Parks Department and begin draw down of funds in park escrow fund for the construction of Orr Park. Neighborhood C Complete construction of Orr Park according to park plan approved by Parks Department and draw balance of funds in the park escrow fund for the construction of Orr Park. None. Reception 1643623 10/14/2005 CASE NO. A -03 -04 This Amendment to Annexation Agreement entered into as of /" ? Q , 2005, by and between the City of Pueblo, a Municipal Corporation, (the "City") and The Proctor Family Partnership No. 2, LLLP, and Domega Homes of Colorado, Inc., a Colorado corporation (herein collectively the "Petitioner"), WITNESSETH WHEREAS, the term "Property" as used herein means and includes the real property described in Exhibit A to the Annexation Agreement Case No. A -03-04 dated December 13, 2004; and WHEREAS, Petitioner represents and warrants that they are the owners of the Property in fee simple and are the successors in interest of 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) as owners of the Property; and WHEREAS, the Petitioner desires to amend the Annexation Agreement, Case No. A -03 -04 entered into for the property commonly known and described as North of Red Creek Springs Road and East of the Goodnight Arroyo. NOW THEREFORE, the City and Petitioner agree that Section 7. a. of Exhibit C, Special Improvements, Dedications, and Impact Fees, Regency Crest West Annexation Agreement, Case No. A -03 -04 is hereby amended to read as follows: a. The Petitioner has previously deeded to the City by warranty deed land within the Property for Orr Park to serve the residents of Regency Crest Subdivisions No. 2, No. 3, and the Property. Prior to the issuance of the first building permit within the first subdivision in the Property, the Petitioner shall submit a Detention Pond/Orr Park Phasing Plan for Neighborhood A to be approved by the Director of Parks and the Director of Public Works. Prior to the approval of any subdivision of any portion of Neighborhoods E -J or the issuance of the first building permit in Neighborhood D, the Petitioner shall construct, at its sole expense, Orr Park as shown on construction plans prepared by the Petitioner and approved by the Director of Parks and the Director of Public Works in accordance with the Schedule of Improvements for Neighborhoods A through C of Exhibit C -2, September 27, 2004, Regency Crest West Master Plan Development Schedule. Any funds previously deposited by Petitioner into the City's Park Escrow account for the construction of a park within the developed Regency Crest subdivisions shall be used to develop Orr Park. The dedication of the property for Orr Park, construction of the park as shown on construction plans prepared by the Petitioner and approved by the Director of Parks and the Director of Public Works, and the acceptance of the park by the Director of Parks shall fulfill the requirements of Section 124-7(e) of the Pueblo Municipal Code for Regency Crest Subdivisions No. 2, No. 3, and the Property. The Annexation Agreement as amended herein shall continue in full force and effect binding on Petitioner and City and their respective successors and assigns. Executed at Pueblo, Colorado as of the day and year first above written. (SEAL] Attest: City rk APPROVED AS TO FOKM: City Attorney PUEBLO, a Municipal Corporation By wl r sident of theTity Co it PETITIONM: THE PROCTOR FAMILY PARTNERSHIP N0. Y 2, LLLP B 0, 7 Title: C.T. Proctor, General Partner DOMPGA HOMRS OF COLORADO, INC., a Colorado Corporation BY ,�_. � Title: C.T. Proctor, President II III III I I VIII I II III II II III 0643 4 Chris C. Munoz PuebloCtyClk4Rec 0RD R 21.00 D 0.00 -2- STATE OF COLORADO ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 9" day of 2005, by Robert D. Schilling as President of City Council and Grin Dutcher as City Clerk df Pueblo, a Municipal Corporation. Witness my hand and official seal. STATE OF COLORADO COUNTY OF PUEBLO �.. �l4I ssi.on expires:_ b'ZI �()() E „OP'pTAp� G Notarf Public y ; o 0 OR COLO ss. The foregoing instrument was acknowledged before me this day of M 2005, by C.T. Proctor as general partner of The Proctor Family Partnership No. 2, LLL Witness my hand and official seal My commission expires:__ /3A [ [ YSTAL L TROUT NOTARY PUBLIC STATE OF COLORADO My Commission Expires 05/13/2008 STATE OF COLORADO ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this j day of &0*011 2005, by C.T. Proctor as President of Domega Homes of Colorado, Inc., a Colora. Witn ess my hand and official seal My conunission expues:-,�_,13-4 [SEAL] CRYSTAL L. TROUT NOTARY PUBLIC STATE OF COLORADO My Commission Expires 05/13/2008 I llllll lull llllll llll lull lull lllllll 111 lull llll llll a 16436523 098 Chris C. Munoz P