HomeMy WebLinkAbout07400Reception 1653680
12/21/2005
ORDINANCE NO. 7400
AN ORDINANCE ANNEXING THE AREA COMMONLY
KNOWN AS PEAKVIEW ANNEXATION AND
DESCRIBED AS SOUTH OF US HIGHWAY 50 WEST
AND EAST OF PUEBLO BOULEVARD 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
Mm Municipal Annexation Act of 1965 and C.R.S. §31-12-104,105 and 107(1); and
W Cwt
W ; m m WHEREAS, the City Council has by Resolution found and determined that
No an election is not required under C.R.S. §31 -12 -107 (2) and no additional terms
WON and conditions are to be imposed upon the area described in Section 1 other than
• ' a m those set forth in the Petition for Annexation and the Annexation Agreement;
m
NOW, THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
_ o
SECTION 1.
U
W g 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:
ANNEXATION A
- L
V
1. AREA TO BE ANNEXED:
A portion of the Old Kansas- Colorado Railroad Co. right -of -way as recorded at
Reception No. 1442758 in the Pueblo County records.
2. PROPOSED NEW CITY LIMITS LINE:
(A)
Beginning at the most Northerly comer of Parcel B in Subdivision Variance No.
339 according to the recorded plat thereof as filed for record at Reception No.
704092 in the Pueblo County records said point also being on the Southerly right -
of -way line of U.S. Highway 50 West as presently located and the Present City
Limits Line; thence Northerly and Easteriy along the said Southerly right -of -way
line of U.S. Highway 50 West to a point on the Northwest corner of Parcel C in
said Subdivision Variance No. 339 and the Present City Limits Line
AND I 165 of 4 8
(B) Chris C Munoz Pueb1aCtyC1k4Rsc ORD R 21.00 D 0.00
Beginning at the most Southerly corner of Parcel C in Subdivision Variance No.
339 according to the recorded plat thereof as filed for record at Reception No.
704092 in the Pueblo County records and also being on the West line of the NE %
of Section 15, Township 20 South, Range 65 West of the 6 P.M. and the Present
City Limits Line; thence Southerly along the said West line of the NE % of Section
15 to a point on the Easterly line of Parcel B in Subdivision Variance No. 339 and
the Present City Limits Line.
Containing 1.39 acres, more or less.
ANNEXATION B
AREA TO BE ANNEXED:
All of that portion of Scott Street adjacent to Lots 1 through 21 both inclusive,
Block 117 and all of Lots 21 through 24 both inclusive, Block 117 lying within the
Old Kansas- Colorado Railroad Co. right -of -way as recorded at Reception No.
1442758 in the Pueblo County records and all of Lots 1 through 40 both inclusive,
Block 132 all being in Wiley's Park Heights according to the recorded plat thereof
as filed for record on May 21, 1890 in Book 5 at Page 45 in the Pueblo County
records.
2. PROPOSED NEW CITY LIMITS LINE:
Beginning at the Northeast Comer of Parcel C in Subdivision Variance No. 339
according to the recorded plat thereof as filed for record at Reception No. 704092
in the Pueblo County records said point also being on the Southerly right - of-way
line of U.S. Highway 50 West as presently located and also being on the Present
City Limits Line; thence Easterly along the said Southerly right -of -way line of U.S.
Highway 50 West to a point on the Easterly right -of -way line of Scott Street said
point also being on the Westerly line of Lot 1, Block 117 in Wiley's Park Heights
according to the recorded plat thereof as filed for record on May 21, 1890 in Book
5 at Page 45 in the Pueblo County records; thence Southerly along the Westerly
line of Lots 1 through 21 in said Wiley's Park Heights to a point on the Easterly
right-of -way line of the Old Kansas- Colorado Railroad Co. right -of -way as recorded
at Reception No. 1442758 in the Pueblo County records; thence Southeasterly
along said Easterly line of the Old Kansas- Colorado Railroad Co. right -of -way line
to a point on the Northerly right -of -way line of West 37 Street in said Wiley's Park
Heights said point also being on the Southerly line of Lot 24, Block 117 in said
Wiley's Park Heights; thence Easterly along the Northerly right -of -way line of said
West 37 Street and the Southerly line of Lot 24 extended Easterly to a point on
the Southwesterly comer of Lot 25, Block 117 in said Wiley's Park He�hts; thence
Southerly to a point on the Southerly right- of-way line of said West 37 Street said
point also being on the Northwesterly corner of Lot 48, Block 132 in said Wiley's
Park Heights and also being on the Easterly right -of -way line of the Alley in Block
132 in said Wiley's Park Heights; thence Southerly along the said Easterly line of
the Alley in Block 132 and Westerly line of Lots 48, 47, 46, 45, 44, 43, 42 and 41
to a point on the said Easterly right -of -way line of the Old Kansas- Colorado
Railroad Co. right -of -way; thence Southeasterly along the said Easterly right -of-
way line of the Old Kansas- Colorado Railroad Co. right -of -way to a point on the
Northerly line of Lot 40, Block 132 in said Wiley's Park Heights; thence Easterly
along the North line of said Lot 40, Block 132 extended Easterly to a point on the
Easterly right -of -way line of Torpy Street said point also being the Northwesterly
corner of Lot 9, Block 131 in said Wiley's Park Heights; thence Southerly along the
Westerly line of Lots 9 through 24 both inclusive, Block 131 in said Wiley's Park
Heights and the Easterly right -of -way line of Torpy Street extended South to a
point on the Southerly line of the NE % of Section 25, Township 20 South, Range
65 West of the 6 P.M. and the Present City Limits Line.
Containing 4.90 acres, more or less.
SECTION 2.
The owners of one hundred percent (100 %) of the property to be annexed
have petitioned for such annexation.
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).
65368O
Chris C. M IIIIII PuebioCtyC1k&Rec III III VIII IIII IIII e P 37A
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.
Y aceco .
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C � t
ATTES„�t! ° ti
INTRODUCED November 14. 2005
BY Michael Occhiato
207., CI PE
APPROVE
PRESI E OF CI UNCIL
CITY CLERK
PASSED AND APPROVED: November 28, 2005
Page: 4 of 4
165368O 37A
C h ris M unoz IIIIII VIII IIIIII IIII IIIIII III VIII IIII IIII 0
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # Lq- oZs
DATE: NOVEMBER 14, 2005
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMENTMIM MUNCH
TITLE
AN ORDINANCE ANNEXING THE
ANNEXATION AND DESCRIBED AS
OF PUEBLO BOULEVARD AND
RELATING THERETO
ISSUE
AREA COMMONLY KNOWN AS PEAKVIEW
SOUTH OF US HIGHWAY 50 WEST AND EAST
APPROVING AN ANNEXATION AGREEMENT
Shall the City Council approve the proposed annexation of property that is located south
of U.S. Highway 50 West and east of Pueblo Boulevard?
RECOMMENDATION
The Planning and Zoning Commission, at their October 12, 2005 Regular Meeting, voted
4-0 to recommend approval.
BACKGROUND
The Peakview Annexation submitted by Peakview Business Campus, LLC comprises
6.29 acres south of US Highway 50 West and east of Pueblo Boulevard. The property is
currently zoned in an (A -1) Agricultural Zone District within Pueblo County. If the
annexation is approved, the applicant has agreed to file an application to rezone the
property to a B-4 Regional Business Zone District and subdivide the property prior to the
issuance of building permits. The Pueblo Regional Development Plan identifies the future
land use as "Institutional Mixed Use ".
FINANCIAL IMPACT
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 1653682
12/21/2005
ANNEXATION AGREEMENT
CASE NO. A -05 -01 Peak View Annexation
This Annexation Agreement entered into as of A/c ur,1 A(�, 1 q , 2005, by and between
the City of Pueblo, a Municipal Corporation, (the "City ") and Peak View Business Campus LLC. a
Colorado Limited Liability Company (the "Petitioner ") WITNESSETH
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:
I. 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.
II. 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 12- 4 -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
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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 of the 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.
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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:
No later than ninety (90) days after the effective date of the Ordinance annexing the property,
Petitioner shall cause the Property to be zoned Agricultural One (A -1) for a period up to but 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 building or structure within any portion of the Property classified as Agricultural
One (A -1) zone district until after that portion of 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 No later than ninety (90) days after the effective date of the ordinance annexing the Property,
nt Petitioner shall cause the Property to be zoned Regional Business District (B-4) which constitutes
the land use classification most nearly corresponding to the land use classification into which the
Property has been classified or will in the reasonable future be classified under the City's
comprehensive plan. 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 building or
structure within 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 zoning 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.
(4) The zoning provisions of this Article III relate to the initial zoning of the Property
after annexation. Such zoning is not guaranteed and the City Council of City retains its full
discretion with respect to such zoning. Nothing contained in this Article III shall be construed to
limit the power of the City Council of City to rezone the Property or any part thereof after approval
of the initial zoning of the Property after annexation.
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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
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
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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.
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
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Chris C. Munoz PuebloCtyClk &Rec PNNX RGR 86.00 D 0.00
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.
XIV. SPECIAL IMPROV EMENTS, 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: ,lames R. Hadley, Manager
Peak View Business Campus, LLC
511 West 29 Suite A
Pueblo, CO 81008
or to such other address as either parry 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
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Chris C. Munoz Pueb1OCtyC1k4Reo ANN% RGR 86.00 D 0.00
Annexation Agreement are merged in this Annexation Agreement, which constitutes the entire
agreeme t between the parties.
ti .lc co,
a
Colorado as of the day and year first above written.
„e• PUEBLO, a Municip Corp rati9
l/
r_ o By
wa
o�L�ar
President o City Co
APPROVED AS TO FORM
lam-
City Attorney'"
L - 1
PETITIONERS:
Peak View Business Campus, LLC, a Colorado
Limited Liability Company
[SEAL]
.. • a . y
STATE OF COLORADO ) ss.
COUNTY OF PUEBLO )
Title James R. Hadley, Manager
The foregoing instrument�was acknowledged before me this L" Yiay of r
2005, by Chi I I J as President of City Council and
1 as City lerk of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
commission expires: 8- Z.I -20 0
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SEAL]
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Not4y Public
oQPO� I I I III I I IIIIII 165 of 17 8
Chri I M unoz I II I Pueb loCtyClk& Rec III RNII AG 86.00 D 0.00
STATE OF /
COUNTY OF ss.
The foregoing instrument was acknowledged before me this 2 7 day of � ,
20 by James R. Hadley, Manager Peak View Business Campus LLC a Colorado Limited
Liability Company
Witness my hand and official seal
My commission expires: Y 2 0
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Pa ge: 65 of 17 8
Chris C. Munoz Pueb1oCtyC1k4Rec ANN% RGR 88.00 D 0.00
EXHIBIT A
ANNEXATION A
AREA TO BE ANNEXED:
A portion of the Old Kansas - Colorado Railroad Co. right -of -way as recorded at Reception No
1442758 in the Pueblo County records.
2. PROPOSED NEW CITY LIMITS LINE:
(A)
Beginning at the most Northerly corner of Parcel B in Subdivision Variance No. 339 according to
the recorded plat thereof as filed for record at Reception No. 704092 in the Pueblo County
records said point also being on the Southerly right -of -way line of U.S. Highway 50 West as
presently located and the Present City Limits Line; thence Northerly and Easterly along the said
Southerly right -of -way line of U.S. Highway 50 West to a point on the Northwest corner of Parcel
C in said Subdivision Variance No. 339 and the Present City Limits Line
ITI II,
(B)
Beginning at the most Southerly corner of Parcel C in Subdivision Variance No. 339 according to
the recorded plat thereof as filed for record at Reception No. 704092 in the Pueblo County
records and also being on the West line of the NE%of Section 15, Township 20 South, Range
65 West of the 6th P.M. and the Present City Limits Line; thence Southerly along the said West
line of the NE % of Section 15 to a point on the Easterly line of Parcel B in Subdivision Variance
No. 339 and the Present City Limits Line.
Containing 1.39 acres, more or less.
ANNEXATION B
AREA TO BE ANNEXED:
All of that portion of Scott Street adjacent to Lots 1 through 21 both inclusive, Block 117 and all
of Lots 21 through 24 both inclusive, Block 117 lying within the Old Kansas - Colorado Railroad
Co. right -of -way as recorded at Reception No. 1442758 in the Pueblo County records and all of
Lots 1 through 40 both inclusive, Block 132 all being in Wiley's Park Heights according to the
recorded plat thereof as filed for record on May 21, 1890 in Book 5 at Page 45 in the Pueblo
County records.
2. PROPOSED NEW CITY LIMITS LINE:
Beginning at the Northeast Corner of Parcel C in Subdivision Variance No. 339 according to the
recorded plat thereof as filed for record at Reception No. 704092 in the Pueblo County records
said point also being on the Southerly right -of -way line of U.S. Highway 50 West as presently
located and also being on the Present City Limits Line; thence Easterly along the said Southerly
right -of -way line of U.S. Highway 50 West to a point on the Easterly right -of -way line of Scott
Street said point also being on the Westerly line of Lot 1, Block 117 in Wiley's Park Heights
according to the recorded plat thereof as filed for record on May 21, 1890 in Book 5 at Page 45
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Chris C. Munoz Pueb1oCtyC1k4Rec ANNX AGR 86.00 D 0.00
in the Pueblo County records; thence Southerly along the Westerly line of Lots 1 through 21 in
said Wiley's Park Heights to a point on the Easterly right -of -way line of the Old Kansas - Colorado
Railroad Co. right -of -way as recorded at Reception No. 1442758 in the Pueblo County records;
thence Southeasterly along said Easterly line of the Old Kansas - Colorado Railroad Co. right -of-
way line to a point on the Northerly right -of -way line of West 37 Street in said Wiley's Park
Heights said point also being on the Southerly line of Lot 24, Block 117 in said Wiley's Park
Heights; thence Easterly along the Northerly right -of -way line of said West 37 Street and the
Southerly line of Lot 24 extended Easterly to a point on the Southwesterly corner of Lot 25, Block
117 in said Wiley's Park Heights; thence Southerly to a point on the Southerly right -of -way line of
said West 37 Street said point also being on the Northwesterly corner of Lot 48, Block 132 in
said Wiley's Park Heights and also being on the Easterly right -of -way line of the Alley in Block
132 in said Wiley's Park Heights; thence Southerly along the said Easterly line of the Alley in
Block 132 and Westerly line of Lots 48, 47, 46, 45, 44, 43, 42 and 41 to a point on the said
Easterly right -of -way line of the Old Kansas - Colorado Railroad Co. right -of -way; thence
Southeasterly along the said Easterly right -of -way line of the Old Kansas - Colorado Railroad Co.
right -of -way to a point on the Northerly line of Lot 40, Block 132 in said Wiley's Park Heights;
thence Easterly along the North line of said Lot 40, Block 132 extended Easterly to a point on
the Easterly right -of -way line of Torpy Street said point also being the Northwesterly corner of Lot
9, Block 131 in said Wiley's Park Heights; thence Southerly along the Westerly line of Lots 9
through 24 both inclusive, Block 131 in said Wiley's Park Heights and the Easterly right -of -way
line of Torpy Street extended South to a point on the Southerly line of the NE '% of Section 25,
Township 20 South, Range 65 West of the 6 th P.M. and the Present City Limits Line.
Containing 4.90 acres, more or less.
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_12_
EXHIBIT "C"
SPECIAL IMPROVEMENTS, DEDICATIONS AND IMPACT FEES
PEAKVIEW (A- 05 -01)
ANNEXATION AGREEMENT
1. Roadways
In compliance with the Pueblo Roadway Development Plan and the Pueblo
Area Council of Governments Roadway Corridor Preservation 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. State Highway Frontage Road
The secondary access to the Property will be provided through the use of the
Colorado Department of Transportation (CDOT) Frontage Road as shown on the
attached Exhibit C -1. According to the terms and requirements of the Young Men's
Christian Association of Pueblo, Inc. (YMCA) Annexation Agreement approved in
Ordinance No. 6988 and recorded in the office of the Pueblo County Clerk and
Recorder on June 25, 2003 Reception No. 150923 and amended in Ordinance No.
7355 and recorded in the office of the Pueblo County Clerk and Recorder on October
14, 2005 Reception No. 1643624, the YMCA, its successors, assigns and transferees
are responsible for obtaining and complying with the conditions, including
maintenance, of an access permit from the Colorado Department of Transportation
(CDOT) to use the Frontage Road as a restricted emergency secondary access to the
properties north of the YMCA property and east of the Williams Arroyo.
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3. Parker Boulevard Rioht- of-Wav
Primary access to the property will be from Parker Boulevard. Parker
Boulevard is a mixed -use collector with an eighty (80) foot right -of -way and
constructed by Petitioner in a 44' paved section between Wildhorse Road and the
eastern boundary of the Property. A temporary cul -de -sac shall also be constructed
on the Property at the eastern extension of Parker Boulevard.
The alignment of Parker Boulevard shall be in conformity with the Pueblo
Roadway Development Plan, the Pueblo Area Council of Governments Roadway
Corridor Preservation Plan and acceptable to the Subdivision Review Committee.
4. Parker Boulevard Construction
Within 180 days after the issuance of the first building permit and prior to the
issuance of any certificate of occupancy for any structure within the Property,
Petitioner shall construct at its sole cost a 44' paved roadway between the existing
eastern boundary of Parker Boulevard to the eastern boundary of the Property and a
temporary cul -de -sac at the at the eastern extension of Parker Boulevard according to
the most current adopted roadway standards at the time of subdivision.
5. Deferred Improvements
Notwithstanding the provisions of the foregoing paragraph, the Petitioner shall
defer the installation of Parker Boulevard through the section of the roadway at the
eastern boundary of the Property required for the temporary cul -de -sac at a time in the
future as specified by the City ( "deferred improvements "). The Petitioner shall not be
required to escrow funds or provide a letter of credit for the value of the anticipated
cost of the deferred improvements. The construction of the deferred improvements
shall be completed within 180 days of the receipt of the notice to proceed by the City.
In the event of a default by the Petitioner, the City shall be authorized to cause the
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deferred improvements to be constructed and the Petitioner shall be solely responsible
for the payment of the entire cost and expense incurred by City plus fifteen percent
(15 %) thereof as administrative expenses and interest from the date of the notice until
the said cost and expense of the deferred improvements are received in full by City.
6. Sanitary Sewer
If not already dedicated to the public or deeded to the City, it will be the
Petitioner's responsibility, at its sole cost and expense, to acquire and dedicate to the
public a sanitary sewer easement in a width and alignment acceptable to the Director
of Public Works, to connect from the existing sanitary sewer line located west of the
Property within the right of way of Parker Boulevard.
Petitioner at its sole expense will be responsible for the design and the
installation of the off -site sanitary sewer line connecting to the existing sewer line
located west of the Property within the right of way of Parker Boulevard in such size,
location and alignment approved by the Director of Public Works. The sanitary sewer
system must be designed by a professional engineer and approved by the Director of
Public Works. Depending upon the point of connection to the sanitary sewer system,
the petitioner may incur and have to pay and /or be eligible for Cost Recovery per
Section 16 -5 -5 of the City's Code of Ordinances for all or a portion of the cost of the
sewer main extension or improvements to the existing sanitary sewer system.
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
requirements. The Petitioner shall be responsible to acquire and dedicate at its sole
1653682
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Chris C. Munoz PUeb1oCtyC1k &Reo ANN% RGR 86.00 D 0.00
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.
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4
Peakview Annexation
Exhibit C -1
50
m j
SPAULDING AVE
Legend
—�
Emergency Accessl
Peakview Annexatio
Sanitary Sewer Con
0 112.5225 450 675 90Feet ti citylimit
i
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