HomeMy WebLinkAbout07367Reception 1644569
10/21/2005
Substituted Copy 9 -12 -05
ORDINANCE NO. 7367
AN ORDINANCE ANNEXING THE AREA COMMONLY
KNOWN AS THE ROCKY MOUNTAIN STEEL
ANNEXATION PHASE 1 AND DESCRIBED AS WEST OF
LIME ROAD AND SOUTHEAST OF THE INTERSTATE
25 AND PUEBLO BOULEVARD INTERCHANGE AND
APPROVING AN ANNEXATION AGREEMENT
RELATING THERETO
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,
and the official map of the City shall be amended to show such annexation:
Rocky Mountain Steel Phase 1
A parcel of land located within the East one -half of the Northeast one - quarter of
Section 26, Township 21 South, Range 65 West of the 6 th Principal Meridian, in
the County of Pueblo, State of Colorado, being more particularly described as
follows:
Beginning at a point on the Southeasterly line of Minnequa Industrial Park, Second
Filing according to the recorded plat thereof filed for record January 28, 2003 at
Reception No. 1481756, Pueblo County records from which the Northwest corner
(found monument is a 3 %" aluminum cap, L.S. #33651) of Section 20, Township
21 South, Range 64 West bears N 62 55'29" E a distance of 13,036.25 feet;
1. Thence S 30 13' 01" E a distance of 756.60 feet to the beginning of a
tangent curve to the left havinq a radius of 960.00 feet;
2. Thence along the arc of a curve to the left, through a central angle of 57
40'27" a distance of 966.34 feet whose chord bears S 59 03' 14" E a
distance of 926.06 feet;
3. Thence S 87 E a distance of 593.28 feet to the beginning of a
tangent curve to the left having a radius of 1,290.00 feet;
4. Thence along the arc of a curve to the left, through a central angle of 71
11' 13" a distance of 1,602.76 feet whose chord bears N 56 30' 55" E a
distance of 1,501.64 feet;
5. Thence N 20 55' 19" E a distance of 1,950.02 feet to the beginning of a
tangent curve to the right having a radius of 1,720.00 feet;
6. Thence along the arc of a curve to the right, through a central angle of 24
22'41 " a distance of 731.82 feet whose chord bears N 33 06' 39" E a
distance of 726.32 feet;
7. Thence N 35 05'24" W a distance of 65.89 feet to the beginning of a non -
tangent curve to the right having a radius of 1,785.00 feet;
8. Thence along the arc of a curve to the right, through a central angle of 27
10' 35" a distance of 846.66 feet whose chord bears N 59 14'29" E a
distance of 838.74 feet to a point on the Westerly Right of Way line of the
Burlington Northern Santa Fe & Union Pacific Railroad;
9. Thence S 02 27'37" W, along said Westerly Right of Way line, a distance
of 268.24 feet to the beginning of a non - tangent curve to the left having a
radius of 1,535.00 feet;
10. Thence along the arc of a curve to the left, through a central angle of 23
45' 12" a distance of 636.37 feet whose chord bears S 57 35' 14" W a
distance of 631.82 feet;
11. Thence N 54 17' 58" W a distance of 65.96 feet to the beginning of a non -
tangent curve to the left having a radius of 1,600.00 feet;
12. Thence along the arc of a curve to the left, through a central angle of 24
22' 41" a distance of 680.77 feet whose chord bears S 33 06' 39" W a
distance of 675.64 feet;
13. Thence S 20 19" W a distance of 1,950.02 feet to the beginning of a
tangent curve to the right having a radius of 1,410.00 feet;
14. Thence along the arc of a curve to the right, through a central angle of 44
05'47" a distance of 1,085.17 feet whose chord bears S 42 58' 13" W a
distance of 1,058.59 feet;
15. Thence S 23 21'21" E a distance of 372.03 feet to the beginning of a
tangent curve to the right having a radius of 1,040.00 feet;
16. Thence along the are of a curve to the right, through a central angle of 05
27' 17" a distance of 99.01 feet whose chord bears S 20 37'43" E a
distance of 98.97 feet to a point on the North line of a property exhibit
prepared by Cardinal Land Surveying, Inc. on September 3, 2003;
17. Thence N 89 13' 11" W along said North line a distance of 84.86 feet to the
beginning of a non - tangent curve to the left having a radius of 960.00 feet;
18. Thence along the arc of a curve to the left, through a central angle of 03
49' 56" a distance of 64.21 feet whose chord bears N 21 26'23" W a
distance of 64.20 feet;
19. Thence N 23 21'21 " W a distance of 372.03 feet to the beginning of a non -
tangent curve to the right having a radius of 1,410.00 feet;
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Chris C. Munoz PUeb1OCtyC1k4Rec ORD R 21.00 D 0.00
20. Thence along the arc of a curve to the right, through a central angle of 23
50'21" a distance of 586.66 feet whose chord bears S 80 11'21"W a
distance of 582.44 feet;
21.Thence N 87 53'28" W a distance of 857.41 feet to the beginning of a
tangent curve to the left having a radius of 200.00 feet;
22. Thence along the arc of a curve to the left, through a central angle of 97
26' 18" a distance of 340.12 feet whose chord bears S 43 23' 23" W a
distance of 300.59 feet to the beginning of a tangent curve to the left having
a radius of 1,390.00 feet;
23. Thence along the arc of a curve to the left, through a central angle of 03
44' 34" a distance of 90.80 feet whose chord bears S 03 27'29" E a
distance of 90.79 feet to a point on the North line of a property exhibit
prepared by Cardinal Land Surveying, Inc. on September 3, 2003;
24. Thence N 89 13' 11" W along said North line a distance of 80.07 feet to the
beginning of a non - tangent curve to the left having a radius of 1,310.00 feet;
25. Thence along the arc of a curve to the left, through a central angle of 28
29'08" a distance of 651.29 feet whose chord bears N 15 58'27" W a
distance of 644.60 feet;
26. Thence N 30 13' 01" W a distance of 824.16 feet;
27. Thence S 24 28' 35" W a distance of 1,802.16 feet;
28. Thence N 86 38'28" W a distance of 424.37 feet to a point on the Westerly
Right of Way line of Interstate Highway No. 25 (formerly U.S. Highway No.
85 -87);
29. Thence N 03 22'25" E, along said Westerly Right of Way line, a distance
of 997.77 feet (Existing City Limits Line);
30. Thence S 86 38' 28" E a distance of 98.19 feet (Existing City Limits Line);
31.Thence S 03 21' 32" W a distance of 670.89 feet (Existing City Limits
Line);
32. Thence S 86 51' 15" E a distance of 324.00 feet, to the Southwesterly
corner of said Minnequa Industrial Park, Second Filing (Existing City Limits
Line);
33.Thence N 24 28' 35" E, along the Southeasterly line of said Minnequa
Industrial Park, Second Filing, a distance of 1,679.82 feet to the Point of
Beginning (Existing City Limits Line);
Said Parcel contains 33.94 acres, more or less.
BASIS OF BEARINGS
Bearings are based on the North line of Section 20, Township 21 South, Range 64
West from the Northwest corner (found monument is a 3 %" aluminum cap, L.S.
#33651) to the Northeast corner (found monument is a 3'/:' aluminum cap, L.S.
#33651) to bear S 89 23' 07" E.
SECTION 2.
The owners of one hundred percent (100 %) of the property to be annexed
have petitioned for such annexation.
III VIII I II I I VIII II II III VIII I III 064 of 4 Q
Chris C. Munoz Pueb1oCtyC1kaReo ORD R 21.00 D 0.00
SECTION 3.
The Annexation Agreement in the form and content presented to the City
Council at this meeting is hereby authorized and approved. The President of the
City Council is hereby directed and authorized to execute and deliver the
Annexation Agreement in the name of the City and the City Clerk is directed to
affix the seal of the City thereto and attest same.
SECTION 4.
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 5
The City Council hereby consents to the inclusion of the annexed area in
the Southeastern Colorado Water Conservancy District pursuant to C.R.S. § 37-
45 -136 (3.6).
SECTION 6.
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, 2006.
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ATTEST
INTRODUCED August 22, 2005
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I IIIIII VIII IIIIII IIII VIII IIIIIIIVIII III VIII IIII IIII 0 0644569
41A
Page: 4 of 4
CITY CLERK D 0.00
PASSED AND APPROVED: September 12, 2005
fu
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 5 O
DATE: AUGUST 22, 2005
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMENTMIM MUNCH
TITLE
AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE ROCKY
MOUNTAIN STEEL ANNEXATION PHASE 1 AND DESCRIBED AS WEST OF LIME
ROAD AND SOUTHEAST OF THE INTERSTATE 25 AND PUEBLO BOULEVARD
INTERCHANGE
ISSU
Shall the City Council approve the proposed annexation of property that is west of
Lime Road and southeast of the interstate 25 and Pueblo Boulevard interchange?
The Planning and Zoning Commission, at their August 10, 2005 Regular Meeting,
voted 6-0 to recommend approval.
The Rocky Mountain Steel Annexation Phase 1 submitted by Rocky Mountain Steel
Mills and Public Service Company of Colorado, Inc. comprises 33.94 acres located
west of Lime Road and southeast of the Interstate 25 and Pueblo Boulevard
interchange. This annexation petition is the first in a series of four phased annexations
of property into the City of Pueblo that comprise the flag pole extension of city
boundaries which enable the annexation of the Public Service Company of Colorado
property into the City of Pueblo. The property is currently zoned in an (A -1) Agricultural
Zone District and an 1 -3 Industrial Use Zone within Pueblo County.
FINANCIAL IMPACT
Except as otherwise provided in the Annexation Agreement, upon annexation (a) the
property is subject to the Charter, ordinances, resolution and rules and regulations of
the City, and (b) City will provide the same municipal services to the property on the
same general conditions as the rest of the City receives.
Reception 1644571
10/21/2005
ANNEXATION AGREEMENT
CASE NO. A -05 -02
This Annexation Agreement entered into as of September 12 , 2005, by and between the
City of Pueblo, a Municipal Corporation, (the "City") and CF&I Steel, L.P., a Delaware limited partnership,
dba Rocky Mountain Steel Mills (the "Petitioner"), WITNESSETH
WHEREAS, the Petitioner is the owner ofthe real property located in Pueblo County, Colorado, and
described in Exhibit "A" attached hereto and incorporated herein (the "Property ");
and
WHEREAS, the Petitioner has submitted a petition for the annexation of the Property to the City;
WHEREAS, as a condition precedent to the annexation ofthe 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:
I. REPRESENTATION AND WARRANTIES OF PETITIONER
Petitioner hereby represents and warrants to, and covenants with, the City as follows:
(1) Petitioner is a limited partnership duly organized and validly existing under the laws of
Delaware.
(2) Petitioner has good and marketable fee simple title to the Property.
(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
III 1111111 IIII III III VIII IIII 0 64457 0. <lR
Chris C. Munoz Puebl OCtyCik &Reo PNNX PGR 71.00 0 0.00
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. SPECL L CONDITIONS
(1) Zonine Unless Petitioner files a petition to rezone the Property, the Property shall remain
in the same zone district as it is presently located in Pueblo County, Colorado, which zone district most
nearly corresponds to the land use classification into which the property is classified under the City's
comprehensive plan.
(2) Public Facilities Petitioner shall have no obligation to improve the Property nor any
obligation for any public facilities, impact fees or exactions to help pay for or defray the costs of the same,
dedications or payment in lieu thereof 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, open space, trail systems and parks, or public buildings such as fire stations.
(3) Utilities Any and all utilities required by Petitioner, in Petitioner's sole judgment, to serve
the Property shall be installed by Petitioner at its expense.
(4) Police and Fire Protection Services Petitioner and City agree that police, fire protection,
emergency medical, and hazardous material response services shall not be furnished or provided to the
Property by the City.
(5) Disconnection Petitioner stipulates and agrees that in consideration of City annexing the
Property under the terms and conditions hereof and the unique nature of this annexation, Petitioner will not
demand, and waive its rights, if any, to demand that the City provide the same municipal services to or for
the Property on the same general terms and conditions as the rest of the City receives. Petitioner further
stipulates and agrees that it will not seek to disconnect the Property from the City for any reason and waives
any and all right to disconnect the Property from the City under Section 31 -12 -119, C.R.S. or any other
applicable law. Notwithstanding the foregoing, Petitioner may, in its discretion, seek to disconnect the
Property if within a period of five (5) years
or more after the date of the ordinance approving this annexation, the Property is not used to achieve
contiguity for the annexation of other property to the City.
(6) Private Right-of- . Petitioner stipulates and agrees that the Property is a private right -of-
way as such term is used in Section 31- 12- 105(1)(e)(I), C.R.S. and, to the extent required bylaw for purposes
of annexation, Petitioner dedicates the Property as a private right -of -way. The private right -of -way shall be
under the absolute control of Petitioner and shall be for the sole use and benefit of Petitioner, its successors,
assigns and permittees.
"11
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 the benefit of and be binding upon City and
Petitioner and their respective successors, assigns and transferees. The Petitioner expressly accepts and
agrees to the covenants, restrictions, and agreements set forth herein by execution of this Annexation
-2-
1 0 64457 0 :41A
Chris C. Munoz Pueb10CtyC1k&Rec ANN% ACR 71.00 D 0.00
Agreement and by the filing of its petition for annexation.
IV. 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. Any modification or amendment to this Annexation Agreement shall be in writing
signed by each of the parties hereto.
V. 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.
VI. 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.
VII. 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 81003
Attention: Director of Public Works
(b) if to the Petitioner: CF &I Steel, L.P.
d/b /a Rocky Mountain Steel Mills
P.O. Box 316
Pueblo, Colorado 81002
Attention: Janet Boyd;
or to such other address as either party by written notice given hereunder may designate.
(2) Governing Law and Venue 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. Venue for
any action arising out of this Annexation Agreement shall be Pueblo County, Colorado.
-3-
1111111111111111111111111111111111111111111111111111111
Pa ge; 645 0041A
(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.
(6) Representation of the Citv The annexation referenced herein will not, now or in the future,
in and of itself, subject the Petitioner to any City fee, tax or assessment based solely upon or related to the
water (owned or used by the Petitioner) or the transmission of such water flowing under or through the
Property.
Executed at Pueblo, Colorado as of the day and year first above written.
O r C O�
ry p
ti
PUEBLO, a Municipal Corporation
Attesttl President of the i y Council
City rk
APPROVED AS TO FORM:
City Attorney
PETITIONER:
CF &I STEEL, L.P., a Delaware limited
partnership, dba Roaky4Aowitain Steel 'Ils
[SEAL]
Attest: B —
By: Title: vim �G✓n.
M!
III III IIII II II IIIIIVIII VIII IIII III 0644570 41p
STATE OF COLORADO Chris C. Munoz PuebloCtyClk6Rec ANN% RGR 71.00 D 0.00
COUNTY OF PUEBLO ss. (fir� """ -� �'� """
The foregoing instrument was acknowledged before me this 1 of � "LO -2005, by
__Rotentn r ________ as President of Cit Council and
Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation.
hand and official seal.
L]
8 -21 -2007
ss.
k ery— A - A,,,—
N ary Public
The foregoing instrument was acknowledged before me this . day of
IV
Witness my hand and official seal
My commission expires: 7 •? aw0y
` d4 ....
2005, by
�A . _ _ "
-5-
Exhibit A -1
ROCKY MOUNTAIN STEEL PHASE 1 LEGAL
A parcel of land located within the East one -half of the Northeast one - quarter of Section 26,
Township 21 South, Range 65 West of the 6 Principal Meridian, in the County of Pueblo, State
of Colorado, being more particularly described as follows:
Beginning at a point on the Southeasterly line of Minnequa Industrial Park, Second Filing
according to the recorded plat thereof filed for record January 28, 2003 at Reception No.
1481756, Pueblo County records from which the Northwest corner (found monument is a 3 ' /d'
aluminum cap, L.S. #33651) of Section 20, Township 21 South, Range 64 West bears N 62° 55'
29" E a distance of 13,036.25 feet;
1. Thence S 30° 13' 01" E a distance of 756.60 feet to the beginning of a tangent curve to
the left having a radius of 960.00 feet;
2. Thence along the arc of a curve to the left, through a central angle of 57° 40' 27" a
distance of 966.34 feet whose chord bears S 59° 03' 14" E a distance of 926.06 feet;
3. Thence S 87 53' 28" E a distance of 593.28 feet to the beginning of a tangent curve to
the left having a radius of 1,290.00 feet;
4. Thence along the arc of a curve to the left, through a central angle of 71' 11' 13" a
distance of 1,602.76 feet whose chord bears N 56° 30' 55" E a distance of 1,501.64 feet;
5. Thence N 20e 55' 19" E a distance of 1,950.02 feet to the beginning of a tangent curve to
the right having a radius of 1,720.00 feet;
6. Thence along the are of a curve to the right, through a central angle of 24° 22' 41" a
distance of 731.82 feet whose chord bears N 33° 06' 39" E a distance of 726.32 feet;
7. Thence N 35° 05' 24" W a distance of 65.89 feet to the beginning of a non - tangent curve
to the right having a radius of 1,785.00 feet;
8. Thence along the arc of a curve to the right, through a central angle of 27e 10' 35" a
distance of 846.66 feet whose chord bears N 59° 14' 29" E a distance of 838.74 feet to a
point on the Westerly Right of Way line of the Burlington Northern Santa Fe & Union
Pacific Railroad;
9. Thence S 02° 27' 37" W, along said Westerly Right of Way line, a distance of 268.24
feet to the beginning of a non - tangent curve to the left having a radius of 1,535.00 feet;
10. Thence along the arc of a curve to the left, through a central angle of 23e 45' 12" a
distance of 636.37 feet whose chord bears S 57° 35' 14" W a distance of 631.82 feet;
11. Thence N 54° 17' 58" W a distance of 65.96 feet to the beginning of a non - tangent curve
to the left having a radius of 1,600.00 feet;
12. Thence along the arc of a curve to the left, through a central angle of 24 22' 41" a
distance of 680.77 feet whose chord bears S 33 06' 39" W a distance of 675.64 feet;
13. Thence S 20° 55' 19" W a distance of 1,950.02 feet to the beginning of a tangent curve to
the right having a radius of 1,410.00 feet;
14. Thence along the arc of a curve to the right, through a central angle of 44° 05' 47" a
distance of 1,085.17 feet whose chord bears S 42° 58' 13" W a distance of 1,058.59 feet;
15. Thence S 23° 21' 21" E a distance of 372.03 feet to the beginning of a tangent curve to
the right having a radius of 1,040.00 feet;
16. Thence along the arc of a curve to the right, through a central angle of 05° 27' 17" a
distance of 99.01 feet whose chord bears S 20 37' 43" E a distance of 98.97 feet to a
point on the North line of a property exhibit prepared by Cardinal Land Surveying, Inc.
on September 3, 2003; IIII 11111111111 111 I 1111111 II 0644570 41R
Chris C. Munoz Pueb1cCtyC1k &Reo ANN% RGR 71.00 D 0.00
17. Thence N 89° 13' 11" W along said North line a distance of 84.86 feet to the beginning
of a non - tangent curve to the left having a radius of 960.00 feet;
18. Thence along the arc of a curve to the left, through a central angle of 03° 49' 56" a
distance of 64.21 feet whose chord bears N 21 26' 23" W a distance of 64.20 feet;
19. Thence N 23' 21' 21" W a distance of 372.03 feet to the beginning of a non - tangent
curve to the right having a radius of 1,410.00 feet;
20. Thence along the arc of a curve to the right, through a central angle of 23e 50' 21" a
distance of 586.66 feet whose chord bears S 80° 11' 21" W a distance of 582.44 feet;
21. Thence N 87° 53' 28" W a distance of 857.41 feet to the beginning of a tangent curve to
the left having a radius of 200.00 feet;
22. Thence along the arc of a curve to the left, through a central angle of 97e 26' 18" a
distance of 340.12 feet whose chord bears S 43 23' 23" W a distance of 300.59 feet to
the beginning of a tangent curve to the left having a radius of 1,390.00 feet;
23. Thence along the are of a curve to the left, through a central angle of 03° 44' 34" a
distance of 90.79 feet whose chord bears S 03 27' 29" E a distance of 90.78 feet to a
point on the North line of a property exhibit prepared by Cardinal Land Surveying, Inc.
on September 3, 2003;
24. Thence N 89° 13' 11" W along said North line a distance of 80.07 feet to the beginning
of a non - tangent curve to the left having a radius of 1,310.00 feet;
25. Thence along the arc of a curve to the left, through a central angle of 28e 29'08" a
distance of 651.29 feet whose chord bears N 15° 58' 27" W a distance of 644.60 feet;
26. Thence N 30° 13' 01" W a distance of 824.16 feet;
27. Thence S 24° 28' 35" W a distance of 1,802.16 feet;
28. Thence N 86° 38' 28" W a distance of 424.37 feet to a point on the Westerly Right of
Way line of Interstate Highway No. 25 (formerly U.S. Highway No. 85 -87);
29. Thence N 03° 22' 25" E, along said Westerly Right of Way line, a distance of 997.77 feet
(Existing City Limits Line);
30. Thence S 86° 38' 28" E a distance of 98.19 feet (Existing City Limits Line);
31. Thence S 03 21' 32" W a distance of 670.89 feet (Existing City Limits Line);
32. Thence S 86° 51' 15" E a distance of 324.00 feet, to the Southwesterly corner of said
Minnequa Industrial Park, Second Filing (Existing City Limits Line);
33. Thence N 24 28' 35" E, along the Southeasterly line of said Minnequa Industrial Park,
Second Filing, a distance of 1,679.82 feet to the Point of Beginning (Existing City Limits
Line);
Said Parcel contains 33.94 acres, more or less.
BASIS OF BEARINGS
Bearings are based on the North line of Section 20, Township 21 South, Range 64 West from the
Northwest corner (found monument is a 3 1 /4" aluminum cap, L.S. #33651) to the Northeast
corner (found monument is a 3 '/4" aluminum cap, L.S. #33651) to bear S 89 23' 07" E.
IIII III IIII IIII III VIII IIII II III 0 64457 0.418
Chris C. Munoz PuebloCtyClk4Rec RNNX RGR 71.00 D 0.00
Exhibit A -2
ROCKY MOUNTAIN STEEL PHASE 2 LEGAL
A parcel of land located within the North one -half of the Southeast one - quarter of Section
24, Township 21 South, Range 65 West of the 6 th Principal Meridian, in the County of
Pueblo, State of Colorado, being more particularly described as follows:
Beginning at a point on the Easterly Right of Way line of the Burlington Northern Santa
Fe & Union Pacific Railroad, from which the Northwest corner (found monument is a 3
/4" aluminum cap, L.S. #33651) of Section 20, Township 21 South, Range 64 West bears
N 61' 53' 06" E a distance of 7,563.05 feet;
1.
Thence N 02° 27'
37"
E, along said Easterly Right of Way line (Existing City
Limits Line), a distance of 262.08 feet;
2.
Thence S 86° 40'
20"
E a distance of 95.40 feet;
3.
Thence N 75° 00'
00"
E a distance of 425.00 feet;
4.
Thence S 15 00'
00"
E a distance of 190.00 feet;
5.
Thence S 75° 00'
00"
W a distance of 484.76 feet;
6.
Thence S 59'40'
02"
W a distance of 113.48 feet to the Point of Beginning.
Said Parcel contains 2.49 acres, more or less.
BASIS OF BEARINGS
Bearings are based on the North line of Section 20, Township 21 South, Range 64 West
from the Northwest corner (found monument is a 3 '/4" aluminum cap, L.S. #33651) to
the Northeast corner (found monument is a 3 '/4" aluminum cap, L.S. #33651) to bear S
89 23' 07" E.
i III I IIII IIIIII IIII III IIII I IIII III VIII IIII IIII 0 64457 0 :41A
Chris C. Munoz PUeb1oCtyC1k&Reo ANN% RGR 71.00 D 0.00
Exhibit A -3
ROCKY MOUNTAIN STEEL PHASE 3 LEGAL
A parcel of land located within the Southeast one - quarter of Section 24, Township 21
South, Range 65 West and within the Northwest one - quarter of Section 19, Township 21
South, Range 64 West of the 6 Principal Meridian, in the County of Pueblo, State of
Colorado, being more particularly described as follows:
Beginning at a point on the Easterly Right of Way line of the Burlington Northern Santa
Fe & Union Pacific Railroad, from which the Northwest corner (found monument is a 3
%4 aluminum cap, L.S. #33651) of Section 20, Township 21 South, Range 64 West bears
N 61' 53' 06" E a distance of 7,563.05 feet;
1. Thence N 59° 40' 02" E a distance of 113.48 feet (Existing City Limits Line);
2. Thence N 75° 00' 00" E a distance of 484.76 feet (Existing City Limits Line);
3. Thence N 15° 00' 00" W a distance of 190.00 feet (Existing City Limits Line);
4. Thence S 75° 00' 00" W a distance of 425.00 feet (Existing City Limits Line);
5. Thence N 86° 40' 20" W a distance of 95.40 feet (Existing City Limits Line);
6. Thence N 75° 00' 00" E a distance of 672.17 feet;
7. Thence S 15° 00' 00" E a distance of 95.00 feet;
8. Thence N 75° 00' 00" E a distance of 790.41 feet to the beginning of a tangent
curve to the left having a radius of 1,630.00 feet;
9. Thence along the arc of a curve to the left, through a central angle of 09° 12'
46" a distance of 262.09 feet whose chord bears N 70° 23' 37" E a distance of
261.81 feet;
10. Thence N 65'47' 14" E a distance of 1,300.00 feet;
11. Thence S 24° 12' 46" E a distance of 60.00 feet;
12. Thence S 65° 47' 14" W a distance of 1,300.00 feet to the beginning of a
tangent curve to the right having a radius of 1,690.00 feet;
13. Thence along the arc of a curve to the right, through a central angle of 09° 12'
46" a distance of 271.74 feet whose chord bears S 70° 23' 37" W a distance of
271.45 feet;
14. Thence S 75° 00' 00" W a distance of 790.41 feet;
15. Thence S 15° 00' 00" E a distance of 95.00 feet;
16. Thence S 75° 00' 00" W a distance of 750.80 feet to the Point of Beginning.
Said Parcel contains 4.84 acres, more or less.
BASIS OF BEARINGS
Bearings are based on the North line of Section 20, Township 21 South, Range 64 West
from the Northwest comer (found monument is a 3 1 /4 " aluminum cap, L.S. #33651) to
the Northeast corner (found monument is a 3 1 /4 " aluminum cap, L.S. #33651) to bear S
89 23' 07" E.
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Chris C. Munoz Pueb1OCtyC1k8.Reo RNNX RGR 71.00 D 0.00
Exhibit A -4
ROCKY MOUNTAIN STEEL PHASE 4 LEGAL
A parcel of land located within the Southwest one - quarter of Section 17, the Southeast
one - quarter of the Southeast one - quarter of the Southeast one - quarter of Section 18, and
all of Section 19, Township 21 South, Range 64 West of the 6 Principal Meridian, in the
County of Pueblo, State of Colorado, being more particularly described as follows:
Beginning at the Northwest corner (found monument is a 3 '/4" aluminum cap, L.S.
#33651) of Section 20, Township 21 South, Range 64 West;
1. Thence N 83e 37' 14" W a distance of 347.58 feet;
2. Thence S 39° 23' 03" W a distance of 1,612.27 feet to the beginning of a tangent
curve to the right having a radius of 1,720.00 feet;
3. Thence along the arc to a curve to the right, through a central angle of 26° 24' 11"
a distance of 792.61 feet whose chord bears S 52° 35' 08" W a distance of 785.62
feet;
4. Thence S 65° 47' 14" W a distance of 3,230.26 feet to the beginning of a tangent
curve to the right having a radius of 1,720.00 feet;
5. Thence along the arc to a curve to the right, through a central angle of 09° 12' 46"
a distance of 276.56 feet whose chord bears S 70° 23' 37" W a distance of 276.27
feet;
6. Thence S 75° 00' 00" W a distance of 790.41 feet;
7. Thence N 15° 00' 00" W a distance of 30.00 feet (Existing City Limits Line);
8. Thence N 75° 00' 00" E a distance of 790.41 feet to the beginning of a tangent
curve to the left having a radius of 1,690.00 feet (Existing City Limits Line);
9. Thence along the arc of a curve to the left, through a central angle of 09° 12' 46"
a distance of 271.74 feet whose chord bears N 70° 23' 37" E a distance of 271.45
feet (Existing City Limits Line);
10. Thence N 65° 47' 14" E a distance of 1,300.00 feet (Existing City Limits Line);
11. Thence N 24° 12' 46" W a distance of 60.00 feet (Existing City Limits Line);
12. Thence S 65° 47' 14" W a distance of 1,300.00 feet to the beginning of a tangent
curve to the right having a radius of 1,630.00 feet (Existing City Limits Line);
13. Thence along the arc of a curve to the right, through a central angle of 09° 12' 46"
a distance of 262.09 feet whose chord bears S 70° 23' 37" W a distance of 261.81
feet (Existing City Limits Line);
14. Thence S 75° 00' 00" W a distance of 790.41 feet (Existing City Limits Line);
15. Thence N 15° 00' 00" W a distance of 30.00 feet (Existing City Limits Line);
16. Thence N 75° 00' 00" E a distance of 790.41 feet to the beginning of a tangent
curve to the left having a radius of 1,600.00 feet;
17. Thence along the arc of a curve to the left, through a central angle of 09° 12' 46"
a distance of 257.27 feet whose chord bears N 70° 23' 37" E a distance of 256.99
feet;
18. Thence N 65° 47' 14" E a distance of 3,230.26 feet to the beginning of a tangent
curve to the left having a radius of 1,600.00 feet;
IIIiIIIIIIIII IIIIIIIIIIIIII VIII IIIIII I III 0644570 41A
Chris C. Munoz PuebloCtyClkSRec ANN% RGR 71.00 0 0.00
19. Thence along the arc to a curve to the left, through a central angle of 26° 24' 11"
a distance of 737.31 feet whose chord bears N 52° 35' 08" E a distance of 730.81
feet;
20. Thence N 39e 23' 03" E a distance of 1,755.36 feet;
21. Thence S 50° 36' 57" E a distance of 120.00 feet;
22. Thence S 83° 37' 14" E, to a point on the East line of said Section 18, a distance
of 263.60 feet;
23. Thence S 89° 23' 07" E, along a line parallel with the North line of said Section
20, a distance of 2,643.76 feet to a point on the West line of a 40.35 acre parcel of
land as described in that Alta/Acsm Land Title Survey as prepared by Abel
Engineering Professionals, Inc. on March 26, 2000 and filed with the County of
Pueblo on April 26, 2000;
24. Thence S 00° 36' 53" W, along said West line of said 40.35 acre parcel, a
distance of 120.00 feet to a point on said North line of Section 20;
25. Thence N 89° 23' 07" W, along said North line of Section 20, a distance of
2,649.80 feet to the Point of Beginning.
Said Parcel contains 23.64 acres, more or less.
BASIS OF BEARINGS
Bearings are based on the North line of Section 20, Township 21 South, Range 64 West
from the Northwest corner (found monument is a 3 '/4" aluminum cap, L.S. #33651) to
the Northeast corner (found monument is a 3 1 /4" aluminum cap, L.S. #33651) to bear S
89 23' 07" E.
III Ii 11 l VIII VII I II II IIII VIII III II III II III 0644570 41A
Chris C. Munoz PuebloCt YC1k&Reo ANN% RGR 71.00 D 0.00
CONSENT AND JOINDER
THIS CONSENT AND JOINDER is made as of Se
„An b / L , 2005, by Public
Service Company of Colorado, a Colorado corporation ("PSCo").
RECITALS
A. CF &I Steel, L.P., a Delaware limited liability partnership dba Rocky Mountain
Steel Mills ( "RMS ") has submitted petitions for the annexation of certain property to the City of
Pueblo (the "City ").
B. PSCo has executed the petitions for Phases 2 and 3 of the RMS annexation to
include certain property which is owned by PSCo and described in such petitions (the "PSCo
Property "), in the annexation to the City.
C. RMS and the City have entered into an Annexation Agreement dated 1eM Alig ig,
2005, a copy of which is attached hereto (the "RMS Agreement').
D. The City and PSCo desire that the RMS Agreement govern the terms and
conditions of the annexation of the PSCo Property into the City.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, PSCo hereby joins in the RMS Agreement for the purpose of
agreeing to be bound by the obligations and agreements of the RMS Agreement with respect to
the PSCo Property, provided that PSCo makes the representations and warranties contained
therein only insofar as they affect and apply to the PSCO Property, and states that it is a
corporation, duly organized and existing under the laws of the State of Colorado. The City, by
executing a copy of this Joinder, consents to the joinder and agrees that PSCo shall be entitled to
the benefits and rights accruing under the RMS Agreement with respect to the PSCo Property.
The terms, covenants and conditions contained in this Consent and Joinder shall bind and inure
to the benefit of PSCo and its successors and assigns.
Notices to PSCo under the Agreement should addressed as follows:
Manager, Siting and Land Rights
Xcel Energy
550 15th Street, Suite 700
Denver, Colorado 80202 -4256
IN WITNESS WHEREOF, PSCo has caused this Consent and Joinder to be executed as
of the date first above written.
[Signature Page Follows]
III 11111 1�� I �� i 1 111 11� III 064457
8 41R
Chris C. Munoz Pueb1oCtyC1k &Rec RNNX RGR 71.00 D 0.00
SIGNATURE PAGE
TO
CONSENT AND JOINDER
PSCo:
Public Service Company of Colorado,
a Colora ration
B
Y•
Name: P ter West
Title: Managing Director,
Local Affairs
STATE OF C.o4-o2AO o )
ss.
C. ITl& COUNTY OF D&4 Va92 )
The foregoing instrument was acknowledged before me this i $1 day of Ao v v&o
2005, by PArrr(c Wes-r- , the M.,,,,n ,�,.D,R�aa , L„c-A,, of Public Service
Company of Colorado, a Colorado corporation. AFFA1k_%
PQ ) N
Notary ublic
My commission expires: P o,/em s" 31209%
[SEAL]
PAUL
KELLOGG
10 64457 0 41A
Chris C. Munoz Pueb1oCtyC1k &Rec ANN% RGR 71.00 D 0.00
ACCEPTANCE AND AGREEMENT BY THE CITY
City:
PUEBLO
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
Attest: E 1
City Clerk
APPROVED AS TO FORM:
City Attorney
The foregoing instrument was acknowledged before me this 14th day of ontam —_ ,
2005, by Robert D. Schilling, Jr . as President of the City Council and
Gina Dutcher as City Clerk of Pueblo, a Municipal corporation.
"�.
NotaVublic
��JI ssgon expires: 6/26/07
1111 11111111111 1111 1111111111 1111 Ill1111 0 64457
0 41A
Chris C. Munoz PuebloCtyClk &Rec ANN% RGR 71.00 D 0.00
a municipal corporation