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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