HomeMy WebLinkAbout07497Reception 1689638
08/21/2006
ORDINANCE NO. 7497
AN ORDINANCE ANNEXING THE AREA
COMMONLY KNOWN AS CONE -PARK WEST
5 ANNEXATION AND DESCRIBED AS EAST
OF PUEBLO BOULEVARD AND NORTH OF to%
29 STREET EXTENDED AND APPROVING Co..
AN ANNEXATION AGREEMENT RELATING mN
THERETO
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WHEREAS, the City Planning and Zoning Commission has recommended W
that the area described in Section 1 hereof be annexed to the City of Pueblo; and o
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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 o
Municipal Annexation Act of 1965 and C.R.S. §31-12-104,105 and 107(1); and
a
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; r
U
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:
1. AREA TO BE ANNEXED:
A portion of the N '/2 of the NW % of Section 22, Township 20 South, Range 65
West of the 6"' P.M. being more particularly described as follows:
Beginning at the Southwest comer of Park West Business Campus, Filing No. 2
according to the recorded plat thereof as filed for record at Reception No. 1555457
in the Pueblo County records said point also being on the Easterly right -of -way line
of Colorado State Highway No. 45 (Pueblo Boulevard) as presently located;
thence Southerly along the Easterly right -of -way line of said Colorado State
Highway No. 45 (Pueblo Boulevard) as presently located to a point on the
Southerly right -of -way line of 29 Street as filed for record at Reception
No.1519119 in the Pueblo County records; thence Easterly along the Southerly
right -of -way line of said 29"' Street to a point on the South line of the N % of the
NE % of the NW % of said Section 22; thence Easterly along the South line of the
N '/2 of the NE %4 of the NW % of said Section 22 to a point 370.84 feet West of the
East line of the NW % of said Section 22; thence Southerly parallel to and 370.84
feet West of the East line of the NW % of said Section 22 to a point on the South
line of the N ' /2 of the NW % of said Section 22; thence Easterly along the South
line of the N '/ of the NW % of said Section 22 to the East line of the NW % of said
Section 22; thence Northerly along the East line of the NW % of said Section 22 to
a point on the North Line of the NW % of said Section 22; thence Westerly along
the North Line of the NW %, of said Section 22 to a point on the Northeast corner
of Parcel A in said Park West Business Campus, Filing No. 2; thence Southerly
along the East line of said Parcel A and the East line extended Southerly to a point
on the East -West centerline of 29"' Street as presently located; thence Westerly
along the East -West centerline of said 2e Street to a point on the West line of
said Parcel A extended Southerly; thence Northerly to a point on the Northwest
corner of said Parcel A said point also being on the North line of NW % of said
Section 22; thence Westerly along the North line of the NW % of said Section 22
to the Point of Beginning.
Containing 37.07 acres, more or less.
2. PROPOSED NEW CITY LIMITS LINE:
Beginning at the Southwest comer of Park West Business Campus, Filing No. 2
according to the recorded plat thereof as filed for record at Reception No. 1555457
in the Pueblo County records said point also being on the Easterly right -of -way line
of Colorado State Highway No. 45 (Pueblo Boulevard) as presently located and
the Present City Limits line; thence Southerly along the Easterly right -of -way line
of said Colorado State Highway No. 45 (Pueblo Boulevard) as presently located to
a point on the Southerly right -of -way line of 29"' Street as filed for record at
Reception No.1519119 in the Pueblo County records; thence Easterly along the
Southerly right -of -way line of said 29"' Street to a point on the South line of the N
% of the NE % of the NW % of said Section 22; thence Easterly along the South
line of the N % of the NE % of the NW % of said Section 22 to a point 370.84 feet
West of the East line of the NW % of said Section 22; thence Southerly parallel to
and 370.84 West of the East line of the NW % of said Section 22 to a point on the
South line of the N of the NW % of said Section 22; thence Easterly along the
South line of the N' /2 of the NW % of said Section 22 to the East line of the NW %
of said Section 22; thence Northerly along the East line of the NW % of said
Section 22 to a point on the North Line of the NW % of said Section 22 also being
a point on the Present City Limits line and the Point of Terminus.
SECTION 2.
The owners of one hundred percent (100°x6) 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.
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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, 2007.
INTRODUCED July 10, 2006
BY Randy T
COUYIL PERSON
APPROVED
PRESIDENT OF CITY COUNCIL
ATTEST:
CITY CLERK
PASSED AND APPROVED: July 24. 2006
VIII II II III I IIII IIII III I IIIIII III II II IIII III 868963853E
Chris C. Munoz Puehl OCtyC1k4Rsc ORD R 16.00 D 0.00
O&d. 4 e2 q97
EFEMAMERM. W!
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM # tg
DATE: JULY 10, 2006
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMENT /JIM MUNCH
TITLE
AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS CONE -PARK WEST
5 ANNEXATION AND DESCRIBED AS EAST OF PUEBLO BOULEVARD AND NORTH
OF 29 STREET EXTENDED AND APPROVING AN ANNEXATION AGREEMENT
RELATING THERETO
ISSUE
Shall the City Council approve the proposed annexation of property that is located east of
Pueblo Boulevard and north of 29"' Street extended?
RECOMMENDATION
The Planning and Zoning Commission, at their May 10, 2006 Regular Meeting, voted 6-0
to recommend approval.
BACKGROUND
The Cone -Park West 5 Annexation submitted by Peakview Business Campus, LLC
comprises 37.07 acres east of Pueblo Boulevard and north of 29P Street extended. 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 R -5 Multiple Residential and Office District and subdivide the property prior
to the issuance of building permits. The Pueblo Regional Development Plan identifies the
future land use as "Urban Residential Use". The Pueblo Regional Development Plan will
need to be amended to a future land use designation that is appropriate for multi - family
residential and office development prior to the zoning of the property.
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 1689640
08/21/2006
ANNEXATION AGREEMENT
CASE NO. A -06 -01 Cone -Park West 5 Annexation
This Annexation Agreement entered into as of 2006, 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.
'tit/ X No later than ninety (90) days after the effective date of the ordinance annexing the Property,
' °t Petitioner shall cause the Property to be zoned Multiple - Residential and Office District (R5) and
Highway and Arterial Business District (B -3) which constitutes the land use classifications most
nearly corresponding to the land use classifications 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
s III III I IIII II II I II IIII I II 0 689640
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Chris C. Munoz PuebloCtyClk &Rec ANN% RGR 106.00 D 0.00
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 terns, conditions and obligations of this Annexation Agreement are and shall be
689640
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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 IMPROVEMENTS. 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: Thomas C. Cone, Manager
Peak View Business Campus, LLC
511 West 29` Suite A
Pueblo, CO 81008
or to such other address as either party 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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Annexation Agreement are merged in this Annexation Agreement, which constitutes the entire
agreement between the parties.
Bxequfed at Pueblo, Colorado as of the day and year first above written.
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t { PUEB , a Municipal Corporation
n SENL c
• f�
By
j 'e• `Attest Z'20� QN President of the City Council
City (Wrk
APPROVED AS TO FORM:
City Attome
PETITIONERS:
[SEAL]
By
Title
STATE OF COLORADO ) SS.
COUNTY OF PUEBLO )
Peak View Business Campus, LLC, a Colorado
Limited Liability Company
By.
t itle: Thomas C. Cone, Manager
The foregoing instrument was acknowledged before me this 2I 1 day of July
2006, by Michael Occhiato as President of City Council and
Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
expires: 9- 2J - 2_00
&A t E'hA _ )L/7r-
Notary Public
Page: 8 of 21
689640
Chris C. Munoz PuebloCtyCtk &Rec PNNX RGR 106.00 D 0.00
STATEOF C016Ygcto )
COUNTY OF Put to � SS.
The foregoing instrument was acknowledged before me this (3 day of
20 Ole, by Thomas C. Cone, Manaeer, Peak View Business Campus, LLC, a Co
Liability Compan y
Witness my hand and official seal
"• "' 1 1-4 commission expires: (01
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i IIIIII VIII IIIIII VIII IIII VIII Illilll III VIII IIII IIII 689640
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Chris C. Munoz PuebloCtyClk &Rec ANN% RGR 106.00 D 0.00
M
Exhibit A
L AREA TO BE ANNEXED
A portion of the N % of the NW '/< of Section 22, Township 20 South, Range 65 West of the 6
P.M being more particularly described as follows:
Beginning at the Southwest corner of Park West Business Campus, Filing No. 2 according to the
recorded plat thereof as filed for record at Reception No. 1555457 in the Pueblo County records
said point also being on the Easterly right -of -way line of ColoradoState Highway No. 45 (Pueblo
Boulevard) as presently located; thence Southerly along the Easterly right -of -way line of said
Colorado State Highway No. 45 (Pueblo Boulevard) as presently located to a point on the Southerly
right -of -way line of 29 Street as filed for record at Reception No. 1519119 in the Pueblo County
records; thence Easterly along the Southerly right -of -way line of said 29 Street to a point on the
South line of the N % of the NE' /4 of the NW % of said Section 22; thence Easterly along the South
line of the N % of the NE %4 of the NW ' of said Section 22 to a point 3 70.84 feet West of the East
line of the NW '% of said Section 22; thence Southerly parallel to and 3 70.84 feet West of the East
line of the NW '/4 of said Section 22 to a point on the South line of the N % of the NW `/4 of said
Section 22; thence Easterly along the South line of the N Y of the NW ' / of said Section 22 to the
East line of the NW % of said Section 22; thence Northerly along the East line of the NW `/4 ofsaid
Section 22 to a point on the North Line of the NW' /4 of said Section 22; thence Westerly along the
North Line of the NW `/ of said Section 22 to a point on the Northeast corner of Parcel A in said
Park West Business Campus, Filing No. 2; thence Southerly along the East line ofsaid Parcel A and
the East line extended Southerly to a point on the East -West centerline of 29` Street as presently
located; thence Westerly along the East -West centerline of said 29' Street to a point on the West line
of said Parcel A extended Southerly; thence Northerly to a point on the Northwest corner of said
Parcel A said point also being on the North line of NW' /4 of said Section 22; thence Westerly along
the North line of the NW '% of said Section 22 to the Point of Beginning.
Containing 3 7.0 7 acres, more or less.
2. PROPOSED NEW CITY LIMITS LINE:
Beginning at the Southwest corner of Park West Business Campus, Filing No. 2 according to the
recorded plat thereof as filed for record at Reception No. 1555457 in the Pueblo County records
said point also being on the Easterly right -of -way line of Colorado State Highway No. 45 (Pueblo
Boulevard) as presently located and the Present City Limits line; thence Southerly along the Easterly
right -of -way line of said Colorado State Highway No. 45 (Pueblo Boulevard) as presently located to
a point on the Southerly right -of -way line of 29' Street as, filed for record at Reception No. 1519119
in the Pueblo County records; thence Easterly along the Southerly right -of -way line of said 29'
Street to a point on the South line of the N % of the NE '/4 of the NW'/ of
Page 1 of 2
said Section 22; thence Easterly along the South line of the N % of the NE '/4 of the NW '/4 of said
o 111 111E 111 868964053E
Chris C. Munoz Pueb1oCtyC1k &Reo ANN% RGR 106.00 D 0.00
Section 22 to a point 370.84 feet West of the East line of the NW '/o of said Section 22; thence
Southerly parallel to and 370.84 West of the East line of the NW % of said Section 22 to a point on
the South line of the N % of the NW'% of said Section 22; thence Easterly along the South line of the
N % of the NW' /a ofsaid Section 22 to the East line of the NW ' /aofsaid Section 22; thence Northerly
along the East line of the NW `/a of said Section 22 to a point on the North Line of the NW `/o ofsaid
Section 22 also being a point on the Present City Limits line and the Point of Terminus.
3. CERTIFICATION OF PERIMETER:
At least one -sixth of the boundary of the land described in paragraph one (1) above, is now existing
City Limits Line.
NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5`" Streel
Pueblo, Colorado 81003
David M Stravia
Colorado Registered Professional
Land Surveyor No. 12933
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EXHIBIT B
NONE
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EXHIBIT "C"
SPECIAL IMPROVEMENTS, DEDICATIONS AND IMPACT FEES
CONE -PARK WEST 5 (A- 06 -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 24 Street Connector Arroyo Crossing Assessment
In order to fund the cost and expenses for the construction of the 24th/291h
Street Arroyo Crossing as shown on the attached Exhibit "C -1 ", (herein the "Arroyo
Crossing Area "). Petitioner and any subsequent owner of all or any part of the Property
shall, as a condition of approval of each subdivision within the Property, pay a
development fee of $3,200.00 for each acre subdivided within the Property ( "Fee ") and
will be adjusted annually to compensate for changes in the construction costs by the
percentage change in the United States Bureau of Labor Statistics, Consumer Price
Index for Denver - Boulder, all items, all urban consumers, or its successor index
( "CPI "). The Fee shall be based on the total gross acreage of each subdivision of the
Property including right -of -ways, utility easements, and land dedicated for parks, trails
and open space. The Fee shall be paid to the City at the time of platting of each
subdivision of any portion of the Property and shall be deposited in an interest - bearing
escrow account identified as the "Arroyo Crossing Account." Monies on deposit in the
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Chris C. Munoz Pueb1OCtyC1k&Reo RNNA RGR 106.00 D 0.00
Arroyo Crossing Account shall be used only for the design, engineering, and
construction of an arroyo crossing of Wildhorse (Dry) Creek between the Denver and
Rio Grande Railroad line and the future southerly extension of Spaulding Avenue at a
location approved by the Director of Public Works ( "Arroyo Crossing Improvements ").
Petitioner, for itself and its successors and assigns, including all subsequent owners of
land within the Property, stipulate and agree that (a) there is an essential nexus
between the Fee and the City's legitimate interest in providing for the construction and
development of the Arroyo Crossing Improvements, (b) that the Fee is roughly
proportional both in nature and extent to the impact of the proposed development of
the Property and (c) the Arroyo Crossing Improvements will not be completed until
land south of the Property is developed, therefore the money on deposit in the Arroyo
Crossing Account may be held for such purpose for a minimum period of twenty -five
(25) years.
If Petitioner incurs cost and expenses for the installation and construction of any
part of the Arroyo Crossing Improvements, ( "Reimbursable Costs "), Petitioner may
request reimbursement from the Arroyo Crossing Account. All requests for
reimbursement shall be made to and approved by the Director of Public Works based
upon the Cost Estimate attached as Exhibit C -2 that will be adjusted annually by the
percentage change in the CPI. Request for reimbursement shall be made upon such
forms and with such supporting documents as the Director of Public Works shall
determine. Request for reimbursement may not be submitted until after the
improvements comprising a part of the Arroyo Crossing Improvements for which
reimbursement is eligible and requested have been constructed or installed and
approved by the Director of Public Works, but in no event later than two (2) years after
the improvements have been constructed or installed.
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689640
If there are inadequate monies in the Arroyo Crossing Account to pay in full the
requested and approved Reimbursable Costs, the unpaid balance thereof shall be
paid, without interest, as Fees for subdivided areas within the Arroyo Crossing Area
paid and deposited in the Arroyo Crossing Account become available for such
payment.
Reimbursable Costs shall not be in addition to any cost recovery available to
Petitioner under Section 12 -4 -12 of the Pueblo Municipal Code ( "Cost Recovery").
Any Cost Recovery to which Petitioner shall be entitled pursuant to said Section 12 -4-
12 with respect to all or any part of the Reimbursable Costs for which Petitioner has
filed a request for reimbursement shall be collected by the City and deposited in the
Arroyo Crossing Account.
3. Roadway Impact Fee
If the City shall impose an impact fee for the purpose of developing and
constructing Arroyo Crossing Improvements in the Arroyo Crossing Area ( "Impact
Fee "), the Fee required by Section 2 hereof shall no longer be required to be paid for
that portion of the Property subject to the Impact Fee at the time of any further
subdivision of the Property after the effective date of the imposition of the Impact Fee,
provided, however, that Petitioner and each subsequent owner of land within the
Property shall consent to and pay the Impact Fee in lieu of the Fee. In order to
implement this Section and Section 2 above, Petitioner shall place restrictive
covenants of record sufficient to bind all land within the Property thereto. Fees paid
into Arroyo Crossing Account prior to the effective date of the imposition of the Impact
Fee shall continue to be administered in the manner described in Section 2 above.
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4. Secondary Access Road
Secondary access other than Spaulding Avenue or 31st Street shall be required
to all subdivided portions of the Property when any of the following development
thresholds are exceeded: a) for residential development, more than two thousand
(2,000) vehicle trips to and from the Property are generated (approximately two
hundred (200) dwelling units constructed), b) for commercial development or multi-
family development secondary access shall be required according to the standards of
the International Fire Code adopted by the City of Pueblo, or c) any combination of
vehicle trips to and from the Property per day from residential and commercial or multi-
family developments which exceeds 2,000 vehicle trips per day.
5. Spaulding Avenue
Spaulding Avenue and 31st Street are the primary access roadways to the
Property. Spaulding Avenue is classified as a minor arterial from 31st Street to the
intersection of the 24 /29 Street Connector as shown on Exhibit C -1 and 31st Street
is classified as a collector. The alignment of Spaulding Avenue shall be in conformity
with the Pueblo Roadway Development Plan, and acceptable to the Subdivision
Review Committee. Spaulding Avenue shall be constructed as a 67' paved roadway
within a one hundred (100) foot right -of -way between the existing intersection of 31st
Street and Spaulding Avenue to the southern boundary of the Property. Petitioner
shall, if not already dedicated to the public or deeded to the City, at its cost and
expense, not later than one - hundred eighty (180) days after the subdivision of the
southerly portion of the Property through which Spaulding Avenue crosses as shown
on Exhibit C -1 dedicate to the public or deed to the City, by warranty deed a right -of-
way sufficient to construct a temporary cul -de -sac at the southern extension of
Spaulding Avenue immediately south of the southern boundary of the Property in an
a 689640
Chris III I II I I VIII I II IIII III II II II III 8 539
alignment acceptable to the Director of Public Works. The temporary cul -de -sac shall
also be constructed within said 180 day period in an alignment acceptable to the
Director of Public Works according to the most current adopted roadway standards at
the time of subdivision.
6. Sanitary Sewer
Petitioner at its sole expense will be responsible for updating the Southern
Colorado Medical Center Sanitary Sewer Master Plan ( "Plan "), and the design and the
installation of the off -site sanitary sewer line, based on the Plan, connecting to the
existing sewer system in such size, location and alignment approved by the Director of
Public Works and obtaining all off -site easements therefor. The sanitary sewer Plan
and 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
and /or retained as determined by the Director of Public Works. All stormwater
releases shall meet NPDES stormwater quality requirements. The Petitioner shall be
responsible to acquire and dedicate at its sole 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
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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 detention and retention facilities must be
constructed by Petitioner. To the maximum extent practicable as determined by the
Director of Public Works, Petitioner must reduce the peak flows and run -off volumes
from the Property through stormwater 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.
8. Off -Site Roadway and Sanitary Sewer Right -of -Way Acquisition
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 dedicate to the public or
deed to the City, by warranty deed any off -site sanitary sewer rights -of -way to connect
from a point on the city's existing sanitary sewer system or off -site roadway rights -of-
way to comply with secondary access requirements in widths and alignments
acceptable to the Director of Public Works and by easement any required rights -of-
way for stormwater flow and /or detention /retention facilities.
If Petitioner, after good faith efforts, is not able to acquire from the property
owners off -site sanitary sewer, off -site roadway rights -of -way and /or stormwater rights-
of-way in alignments acceptable to the City, the City will, to the extent legally
authorized, exercise its power of eminent domain to acquire the off -site sanitary sewer
6 III IIII I II I I I I II I II jj II III II 868964053E
Chris C. Munoz PuebloCtyClk4Rec ANNX RGR 106.00 D 0.00
and /or off -site roadway rights -of -way. Petitioner shall be responsible for and shall pay
all compensation for the land taken; damages, if any, to the residue of the owner's
property, relocation assistance and costs, if any, and all other costs and expenses of
condemnation, including, without limitation, appraisals, title insurance, engineering,
expert witness, and attorney costs and fees ( "Condemnation Costs "). Petitioner shall
within ten (10) days, after request by the City, deposit with the City an estimate of
Condemnation Costs as determined by the City Attorney before the City will
commence condemnation proceedings. Petitioner shall pay the balance of the
Condemnation Costs within ten (10) days after request therefor. If Petitioner fails to
exercise good faith in acquiring the off -site sanitary sewer, or off -site roadway rights-
of-way and /or off -site stormwater rights -of -way or fails to timely pay the estimate of
Condemnation Costs or the balance of Condemnation Costs, City may refuse to
approve the issuance of building permits to construct structures or buildings within the
Property.
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%�
Exhibit C -2
24th /29th Street Arroyo Crossing
Cost Estimate
SIA Sq. Ft. SIA Acres
17493564.21 401.60
Estimated Construction Cost $1,285,000.00
24th /29th Street Connector Arroyo Crossing
Cost Per Acre ($1.285 million / 401.60 acres) $3,199.73
to pay for construction of arroyo crossing
Rounded to $3,200 per acre
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