HomeMy WebLinkAbout07355Reception 1643624
10/14/2005
ORDINANCE NO. 7355
AN ORDINANCE AMENDING THE ANNEXATION
AGREEMENT FOR THE AREA COMMONLY KNOWN AS THE
YMCA CAMPUS AND DESCRIBED AS EAST OF PUEBLO
BOULEVARD AND SOUTH OF U.S. HIGHWAY 50, AS
APPROVED BY ORDINANCE NO. 6988 AND AUTHORIZING
THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE
SAME
WHEREAS, The Young Men's Christian Association of Pueblo, Inc., a Colorado
non - profit corporation (the "Petitioner") is the owner of property that was annexed into
the City of Pueblo commonly known as the YMCA Annexation, Case No. A -02 -02 and
described as East of Pueblo Boulevard and South of U.S. Highway 50 as approved in
Ordinance No. 6988 and are subject to the certain terms and conditions contained
within the YMCA Annexation Agreement, Case No. A- 02 -02, 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.
6988, dated April 14, 2003, a copy of which is attached hereto, having been approved
as to form by the City Attorney, is hereby approved. The President of the City Council is
authorized to execute the Amendment in the name of the City and the City Clerk is
directed to affix the seal of the City thereto and attest same. After execution thereof by
all parties, the City Clerk shall file the Amendment for record with the Pueblo County
Clerk and Recorder.
SECTION 2.
This Ordinance shall become effective immediately upon final passage and
approval.
INTRODUCED July 25, 2005
BY Michael Occhiato
COUNCIL PERSON
vyti . v ii APPROVED;
Pkr7SIDENT CI C IL
PASSED AND APPROVED: August 8, 2005
IMP
Background Paper for Proposed
ORDINANCE
AGENDA ITEM #
DATE: JULY 25, 2005
DEPARTMENT: COMMUNITY DEVELOPMENTMIM MUNCH
PLANNING DEPARTMENT /JIM MUNCH
TITLE
AN ORDINANCE AMENDING THE ANNEXATION AGREEMENT FOR THE AREA
COMMONLY KNOWN AS THE YMCA CAMPUS AND DESCRIBED AS EAST OF
PUEBLO BOULEVARD AND SOUTH OF U.S. HIGHWAY 50, AS APPROVED BY
ORDINANCE NO. 6988 AND AUTHORIZING THE PRESIDENT OF THE CITY
COUNCIL TO EXECUTE SAME
ISSUE
Shall the City Council amend Exhibit C to the Annexation Agreement for the area
commonly known as the YMCA Campus, Case No. A -02 -02, and described as East of
Pueblo Boulevard and South of U.S. Highway 50?
RECOMMENDATION
Approve the Ordinance.
BACKGROUND
The YMCA Annexation, Case No. A -02 -02, was approved by City Council on April 28,
2003 by Ordinance No. 6988. The major change to the current YMCA annexation
agreement is amending the provision that requires the construction of 29"' Street
between the City's western city limit line and the intersection with Spaulding Avenue.
This road was to be constructed within two years of the issuance of the first building
permit. This roadway included the construction of a major crossing over the Wildhorse
Creek Arroyo. The YMCA was also required to place $27,000 per year for ten years for
a total of $270,000, in escrow for the construction of Tuxedo Boulevard.
The amended agreement requires the construction of Tuxedo Boulevard between U.S.
Highway 50 and the western city limit line within two years of the issuance of the
Certificate of Occupancy for the main YMCA facility and requires the $27,000 per year
for a ten year period totaling $270,000, be placed in escrow for the construction of 2e
Street.
The purpose for the requirement to construct 29`" Street was to guarantee western
connectivity of West 29"' resulting from the closure of Baker Steamer Road. The
construction of Tuxedo Boulevard will provide the connectivity. The balance of the
funds to construct 2e Street will come from the development of the property between
the Wildhorse Creek Arroyo and Pueblo Boulevard.
Other items within the original agreement which have been completed were deleted
from this amended agreement.
FINANCIAL IMPACT
None.
Reception 1643624
10/14/2005
AMENDMENT TO ANNEXATION AGREEMENT
CASE NO. A -02 -02
This Amendment to Annexation Agreement entered into as of July 25, 2005, by and between
the City of Pueblo, a Municipal Corporation, (the "City") and The Young Men's Christian
Association of Pueblo, Inc., a Colorado non -profit corporation (the "Petitioner "), WITNESSETH
WHEREAS, the Petitioner desires to amend the Annexation Agreement, Case No. A- 02 -02,
dated April 14, 2003 entered into between the Petitioner and City for the property commonly known
as the YMCA Annexation and described as east of Pueblo Boulevard and south ofU. S. Highway 50
which was recorded in the office of the Pueblo County Clerk and Recorder on June 25, 2003
Reception No. 1509231 ( "Annexation Agreement ").
NOW THEREFORE, in consideration of the foregoing and mutual covenants contained
herein, Petitioner and City agree as follows:
1. Exhibit C to the Annexation Agreement is amended in its entirety as set forth in Exhibit C
attached hereto and Exhibit C attached hereto shall be incorporated in the Annexation Agreement as
if set out therein in full.
2. The Annexation Agreement as amended herein shall continue in full force and effect,
inuring to the benefit of and binding on Petitioner and City and their respective successors and
assigns.
Y Ua ato
't -
4 o t E ecyte4bat Pueblo, Colorado as of the day and year first above written.
, c;:.,dj tlrt
0
Rte':. erk
PUEBLO, a Municipal Corporation
By P ajZ/
resident of
rty Coun 1
APPROVED AS TO FORM:
City Attorne
y
VIII VIII IIIIII IIII VIII VIII VIII III I III II 0643624
Chris C. Munoz PuebloCtyClk &Rec ORD R 51.00 D 0.00
PETITIONER:
YOUNG MEN'S CHRISTIAN ASSOCIATION,
INC., a Colorado non -profit Corporation
09R
STATE OF COLORADO ) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this RA) day of
2005, by Robert D. Schilling as President of City Council and Gina Dutcher as City Clbrk of
Pueblo, a Municipal Corporation.
Witness my hand and official seal.
ssion expires:
Nota ublic
al
OF r€ `C ,',j r
r n
STATE OF COLORADO
COUNTY OF PUEBLO ) ss.
The foregoing instrument was acknowledged before me this J1-th day of
2005, by Terry Lockwood, CEO of the Young Men's Christian Association of Pueblo,
Colorado non -profit Corporation.
Witness my hand and official seal
LMy commission expires: /,a/, i - 7
Not Public
:, +
of `
�l.
I � 11 I 0643 12
Chris C. Munoz Pueb10CtyC1k4R.o ORD R 61.00 D 0.00
-2-
EXHIBIT "C"
SPECIAL IMPROVEMENTS DEDICATIONS AND IMPACT FEES
YMCA (A- 02 -02)
ANNEXATION AGREEMENT
1. Baker Steamer (Wildhorse) Road
Petitioner is the owner of Baker Steamer Road and will be allowed to close Baker
Steamer Road (Wildhorse Road) as shown on the attached Exhibit 1, Segment A. At
least sixty days prior to the closure, Petitioner will post signs at the north and south
entrances to the Property noting the date of closure and describing alternative routes.
At the time of closure, Petitioner will construct on the Property cul -de -sacs and, if
appropriate, barriers at the north and south boundaries to effectively discontinue the
use of Baker Steamer (Wildhorse) Road across the Property.
2. State Highway Frontage Road
Prior to the closure of Baker Steamer Road (Wildhorse Road), Petitioner will
obtain permission from the Colorado Department of Transportation (CDOT) to use
the Frontage Road as shown on the attached Exhibit 1, Segment B, as a restricted
emergency secondary access, including and obtaining an emergency access permit
from CDOT. The Frontage Road will provide emergency secondary access to those
properties north of the Property and east of the west branch of the arroyo. CDOT
access permit will remain in place until such time as an alternative secondary access is
provided. Petitioner will bear all costs of obtaining the access permit and all
improvement and maintenance costs required by CDOT. This emergency access must
connect to State Highway 45 (SH45) or by ingress /egress easement to Spaulding
II II I I I II I II I I II III III II 064 of 12 8 i
Chris C. Munoz Pueb1oDtyC1k8&Rec 0RD R 61.00 D 0.00
Avenue or Parker Boulevard in a manner acceptable to the Pueblo Fire Department.
The City of Pueblo staff will support the Petitioner's request from CDOT for the
emergency access permit.
3. Tuxedo Boulevard
Baker Steamer Road (Wildhorse Road) will become Tuxedo Boulevard as shown
on the attached Exhibit 1, Segment D. Tuxedo Boulevard is a minor arterial street.
Petitioner has dedicated, within the YMCA Community Campus, Filing No. 1, a one
hundred (100) foot wide right -of -way for Tuxedo Boulevard from the north to south
boundary of the Property in an alignment in conformity with the Pueblo Area
Transportation System Plan and approved by the Pueblo Planning and Zoning
Commission. This alignment generally lies west of and parallel to the alignment of the
Santa Fe Railroad right -of -way and connects with the existing Baker Steamer Road
(Wildhorse Road) on the south and Calder Street public right -of -way to the north,
and will access U.S. Highway 50 (US 50) at a point mutually determined by the
Colorado Department of Transportation and the Director of Public Works.
As per the City's subdivision ordinance, Petitioner will be required to design the
full 44 -foot Tuxedo Boulevard roadway within the YMCA Community Campus,
Filing No. 1 Subdivision (Segment 132). Petitioner will not be required to construct
the full 44 -foot roadway improvements but will be required, as a condition of the
subdivision improvement agreement, to design and construct within two years of the
issuance of the Certificate of Occupancy for the Campus YMCA Building within the
YMCA Community Campus, Filing No. 1 Subdivision, a 28 foot Pioneer Road
1643624
IIIIIIIVIIIIIIIIIIIIIVIIIVIIIIIIIIII
10/14/2005 Page:
00 00 2 11:0
Chris / 0
between the city limit line at West 29' Street and U.S. Highway 50 including U.S.
Highway 50 Access as depicted on attached Exhibit 1, Segment D.
The Pioneer Roadway will include three segments. Segment D1, as depicted on
Attached Exhibit l., runs from the western city limit line at the intersection of West
29"' street north along Baker Steamer Roadway Right of Way (Wildhorse Road) to
the southern boundary of the YMCA Community Campus, Filing No. 1. Segment
D2, as depicted on Attached Exhibit 1, is the Tuxedo Boulevard Right of Way
dedicated on the YMCA Community Campus, Filing No. 1. Subdivision. The
Petitioner will be responsible for the deeding or dedication of any additional right of
way or roadway easement that will be required for the alignment of the roadway
between segments Dl and D2. This area of transition is depicted as Area K on
Attached Exhibit 1. Segment D3 begins at the point of transition between Tuxedo
Boulevard and Calder Street at the north boundary of the YMCA Community
Campus, Filing No. 1 Subdivision and extends north to the access point at U.S. Hwy
50. This point being mutually acceptable to the Director of Public Works and the
Colorado Department of Transportation. Within the area encompassed by Segment
D3, the YMCA must provide the City with either a public roadway easement or
deeded right of way 100 feet in width and in an alignment acceptable to the Director
of Public Works. The Petitioner must obtain an access permit from CDOT for the
intersection of Tuxedo Boulevard and U.S. Hwy 50. The City will assist the
Petitioner in obtaining the access permit from CDOT. The YMCA will be obligated
for all costs of obtaining the access permit and improvements required by the access
permit.
III I III ( I I I I 1643624
Chris I I M Il oz Pue &R I OR I I I I 61 .00 D 0 1 .OBA
00 3
The Pioneer Road will be a minimum of 28 feet wide consisting of two 12 foot
travel lanes and associated shoulder improvements designed and constructed in a
manner acceptable to the Director of Public Works. The roadway will not include
curb, gutter, sidewalk, or streetlights, but will include all required drainage
improvements as identified by the Director of Public Works.
No funds will be made available or otherwise allocated for the construction of the
Pioneer road by the City. After construction of the Pioneer Road, acceptance by the
City, and expiration of a two -year warranty period, the YMCA will have no further
obligation with respect to the Pioneer Road.
4. West 29' Street Extension Costs and Right on Way
Within ten years after the anniversary date of the issuance of the Certificate of
Occupancy for the Campus YMCA Building within the YMCA Community Campus,
Filing No. 1, the Petitioner will place into escrow with the City $270,000 for the
design and construction of West 29"' Street. The YMCA shall pay the sum of
$27,000 per year for ten years, commencing on the first anniversary date of the
issuance of said Certificate of Occupancy and an additional $27,000 on the same day
of each year thereafter until the entire $270,000 is paid in full. This money shall be
placed an interest bearing account known as the "West 29 Street Account ", and be
used to design and construct West 29 Street.
Design and construction of the improvements to West 29 Street as required by
the City's subdivision ordinances will be deferred for the ten -year period. The
successful payment of the $270,000 will fulfill the Petitioner's requirement to design
and construct the improvements.
II III II II I II I I II II VIII 064 of 12 4
8
Chris C. Munoz PuebloCtyClk$Reo 0R0 R 61.00 D 0.00
The design and construction of West 29 Street will not under any circumstances
be the responsibility of the City, and the City, at its sole discretion, may contribute all
or a portion of the funds within the West 29'" Street Account to the design and
construction of all or a portion of this roadway by a third party.
Under no circumstances will funds in the West 29 Street Account be returned to
the Petitioner.
5. Spaulding_ Avenue
Primary access to the Property will be from Spaulding Avenue. Petitioner has or
has caused to be dedicated a one hundred (100) foot wide right -of -way for the
realignment of Spaulding Avenue between Parker Boulevard and the west boundary
of the Property as shown on the attached Exhibit 1, Segment G. The Petitioner has
dedicated or has caused to be dedicated a one hundred (100) foot wide right -of -way
for Spaulding Avenue between the south boundary of the Property and West 29
Street in an alignment in conformity with the Pueblo Area Transportation Plan
acceptable to the Director of Transportation as shown on the attached Exhibit 1,
Segment H.
A one hundred (100) foot wide right -of -way for Spaulding in conformity with the
Pueblo Area Transportation Plan and acceptable to the Pueblo Planning and Zoning
Commission as shown on the attached Exhibit 1, Segment I has been dedicated as a
part of the Park West Business Campus Filing No. 1. The full cross section of
Spaulding Avenue through the property and between Parker Boulevard and the
western boundary of the Property as shown on the attached Exhibit 1, Segment G and
the full cross section of Spaulding Avenue through the Property and from the south
1643624
IIIIII VIII IIIIII IIII VIII VIII IIIIIII III VIII IIII IIII 00 914 0011 09fi 5
0
Chn
boundary of the Property to its intersection with West 29 Street as shown on the
attached Exhibit 1, Segment H have been constructed.
6. Sanitary Sewer Easement. West of Wildhorse Arroyo
Petitioner has granted to the City a twenty (20) foot wide sanitary sewer easement,
ten (10) feet on both sides of the center line of the existing sanitary sewer line as
shown on the attached Exhibit 1, Segment J, in form and content approved by the
City Attorney. The City has conveyed by Quit Claim Deed to Petitioner the 100 -foot
street easement for the proposed Tuxedo Boulevard across the Property as described
in the easement recorded in Book 3125, Page 283. Petitioner will not construct any
improvements of a permanent nature or plant trees on, in, within, or over the twenty
(20) foot sanitary sewer easement. Petitioner will provide unrestricted access to the
sanitary sewer manholes, initially via an all weather gravel driving surface. When the
development of the property north of Highway 50, which will utilize the sewer line,
occurs at a sufficient level to require scheduled maintenance of the line, the Director
of Public Works may require a more substantial access road. Petitioner shall pay all
Cost Recovery required by Chapter 5, Title XVI, of the Pueblo Municipal Code for
the use of the sewer line, unless this requirement is waived in writing by the
beneficiary of said Cost Recovery agreement.
7. Sanitary Sewer Trunk Line
The City's master sanitary sewers plan provides for the construction of a sanitary
sewer trunk line serving Basins B and C as shown on the attached Exhibit 2, between
the Atchison, Topeka, and Santa Fe (AT &SF) rights -of -way and the Wildhorse
I IIIIIIII VIII IIII IIIIII I II II I II II 064 of 12 6
8
Chris C. Munoz PuebloCtyClk&Rec ORD R 61.00 D 0.00
Arroyo in the general alignment and within the one - hundred (100) foot Tuxedo
Boulevard right -of -way as shown on the attached Exhibit 1, Segment D.
As a condition precedent to the construction of any improvements, including and
without limitation, a golf course, between Wildhorse Arroyo and the AT &SF right-
of-way, Petitioner and the Director of Public Works shall mutually agree upon the
exact alignment of the sanitary sewer trunk line. Should the sewer trunk line not be
located within the 100 -foot Tuxedo Boulevard right -of -way, Petitioner will dedicate a
20 -foot wide easement across the Property and provide unrestricted access over a
driving surface acceptable to the Director of Public Works to access the sanitary
sewer trunk line and manholes.
Should the Petitioner not require access to and/or use of the sanitary sewer trunk
line, Petitioner will not be responsible to extend the sanitary sewer trunk line from
Design Point No. 8 to the Property's south boundary line as shown on the attached
Exhibit 2, nor from the Property's south boundary line through the Property. If
Petitioner requires access to and /or use of the sanitary sewer trunk line, Petitioner
shall be responsible to extend the sanitary sewer trunk line from Point No. 8 to the
north boundary of the property. If not required to be extended by Petitioner, the
future extension of the sanitary sewer trunk line will not under any circumstances be
the responsibility of the City, but will be the responsibility of the parties requiring
sanitary sewer north of the Property. If the sanitary sewer trunk line is not required
to be extended by Petitioner, and should Petitioner, at any time in the future, after the
sanitary sewer trunk line is constructed and installed by other persons, require access
1643624
9
IIIIIIIVIIIIIIIIIIIIIVIIIVIIIIIIII 0 14 / 00 00 11 :09A 7
Chris C.
to and/or use of the sanitary sewer trunk line, Petitioner shall be liable for Cost
Recovery payments pursuant to Section 12 -4 -12 of the Municipal Code.
8. Approvals
Anytime in this Agreement that a decision or approval is required by the City or
any of its staff or departments, a written response will be given Petitioner within thirty
(30) days after Petitioner requests in writing the decision or approval, which writing
includes all documentation required by the City or its staff or departments to make the
decision. If any documentation is missing from the written request by Petitioner, the
City shall identify the deficiency to Petitioner within ten (10) business days of the
City's receipt of the written request and documentation.
1643624
IIIIIIIVIIIIIIIIIIIIIVIIIVIIIIIIIIII 06 0914 / 00 001 1 :09A
Chris C.
J
y
III III II I I IIII II I III VIII IIII 1643624
12 of 12
Q
Chris C. Munoz PuebloCtyClk &Rec ORD R 61.00 D 0.00