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HomeMy WebLinkAbout07551Reception 1708892 01/05/2007 ORDINANCE NO. 7551 AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS LOT 52 AND 53 PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK ANNEXATION AND DESCRIBED AS SOUTH OF WALT BASSETT AVENUE AND EAST OF BRANIFF STREET AND APPROVING AN ANNEXATION AGREEMENT RELATING THERETO WHEREAS, the City Planning and Zoning Commission has recommended that the area described in Section 1 hereof be annexed to the City of Pueblo; and WHEREAS, the City Council has heretofore found and determined by Resolution that the Petition for Annexation and the area described in Section 1 hereof to be in compliance with the notice and other applicable provisions of the Municipal Annexation Act of 1965 and C.R.S. §31 -12- 104, 105 and 107(1); and WHEREAS, the City Council has by Resolution found and determined that an election is not required under C.R.S. §31 -12 -107 (2) and no additional terms and conditions are to be imposed upon the area described in Section 1 other than those set forth in the Petition for Annexation and the Annexation Agreement; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO. that: SECTION 1. The following described area situated in Pueblo County, Colorado, is hereby annexed to Pueblo, a Municipal Corporation, subject to the terms and conditions set forth in the Petition For Annexation and the Annexation Agreement, and the official map of the City shall be amended to show such annexation: AREA TO BE ANNEXED AND NEW CITY LIMITS LINE: BEGINNING at the northwesterly corner of Parcel Lot 53, Pueblo Memorial Airport Industrial Park Subdivision, according to the recorded plat thereof, filed for record November 11, 1995 in Book 2836 at Pages 665 -670, Reception No. 1096136 in the records of the Pueblo County Clerk and Recorder; thence S 46 along the northerly line of said Lot 53, a distance of 226.91 feet to the northeasterly corner of said Lot 53; thence S 43 °27'28 "W, along the easterly line of said Lot 53, a distance of 179.20 feet to the southeasterly corner of said Lot 53; thence along the southerly line of said Lot 53 the following two (2) courses: 1.) N 46 °32'32 "W, a distance of 32.79 feet; 2.) N 55 °02'21 "W, a distance of 196.35 feet to the southeasterly corner of Parcel A, Subdivision Exemption No. 96 -03, according to the recorded plat thereof, filed for record March 26, 1997 in Book 2981 at Page 40 in the records of the Pueblo County Clerk and Recorder; thence continuing N 55 0 02'21 "W, along the southerly line of said Parcel A, a distance of 169.49 feet to a point on the easterly right of way line of Braniff Street; thence N 01 °30'51 "W, along said easterly right -of -way line, a distance of 146.52 feet to the NW corner of said Parcel A; thence along the northerly line of said Parcel A, the following two (2) courses: 1.) N 88 °26'39 "E, a distance of 129.13 feet; 2.) S 46 °31'41 "E, a distance of 179.96 feet to the northeasterly corner of said Parcel A, said point being on the westerly line of said Lot 53; thence N 43 0 28'39 "E, along said westerly line of Lot 53, a distance of 38.38 feet to the POINT OF BEGINNING. Said Parcel contains 1.95 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 Y2 of the NE '/, of the NW '/, of said Section 22; thence Easterly along the South line of the N Yz of the NE Y, of the NW Y. of said Section 22 to a point 370.84 feet West of the East line of the NW ' / 4 of said Section 22; thence Southerly parallel to and 370.84 West of the East line of the NW Y, of said Section 22 to a point on the South line of the N 1 /2 of the NW Y, of said Section 22; thence Easterly along the South line of the N Y2 of the NW Y, of said Section 22 to the East line of the NW Y. 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 Y. 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 %) 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 III III III III VIII III I II II I III 0 0105/ 00 0 7 01:38P Chris C. Munoz Pueb1oCtyC1k &Reo ORD R 16.00 D 0.00 Annexation Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 4. Within thirty (30) days after the effective date of the Ordinance, the City Clerk shall: (a) File one copy of the annexation map with the original of this ordinance in the office of the City Clerk; (b) File for recording three certified copies of this Ordinance and annexation map with the Pueblo County Clerk and Recorder; c) File one certified copy of the annexation map and this Ordinance with the Southeastern Colorado Water Conservancy District. SECTION 5 The City Council hereby consents to the inclusion of the annexed area in the Southeastern Colorado Water Conservancy District pursuant to C.R.S. § 37- 45 -136 (3.6). SECTION 6. This ordinance shall become effective immediately upon final passage and the annexation shall be effective for ad valorem tax purposes on and after January 1, 2007. INTRODUCED November 27. 2006 BY Randy Thurston COY P E R SON APPROVED PRESIDENT OF CITY COUNCIL ATTEST: CITY CLERK PASSED AND APPROVED: DPramhar 11, 2006 i III II IIII IIIIII III IIII I IIIiI VIII III VIII IIII IIII 1708892 03 of 3 P Chris C. Munoz Pueb1oCtyC1k &Reo 0RD R 16.00 D 0.00 D E Background Paper for Proposed ORDINANCE AGENDA ITEM # 0 DATE: NOVEMBER 27, 2006 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /JIM MUNCH TITLE AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS LOT 52 AND 53 PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK ANNEXATION AND DESCRIBED AS SOUTH OF WALT BASSETT AVENUE AND EAST OF BRANIFF STREET AND APPROVING AN ANNEXATION AGREEMENT RELATING THERETO ISSUE Shall the City Council approve the proposed annexation of property that is located south of Walt Bassett Avenue and east of Braniff Street? The Planning and Zoning Commission, at their October 11, 2006 Regular Meeting, voted 7-0 to recommend approval. BACKGROUND The Lot 52 and 53 Pueblo Memorial Airport Industrial Park Annexation submitted by T & L Enterprises, LLC comprises 1.95 acres south of Walt Bassett Avenue and east of Braniff Street. The property is currently zoned in an (1 -3) Heavy Industrial Zone District within Pueblo County. If the annexation is approved, the applicant has agreed to file an application to rezone the property to an 1 -2 Light Industrial Zone District, and an S -1 Governmental Use District to allow for the current Immigration and Naturalization Service Center (INS) to continue operating and potentially expanding on the property. The Pueblo Regional Development Plan identifies the future land use as "Employment Center— Light Industrial Mixed Use ". The existing metal fabrication use on the property would be classed as a legal non - conforming use following the annexation of the property into the City, and the INS center would be a legal use within an S -1 Governmental Use Zone District. FINANCIAL IMPACT The City of Pueblo will be responsible for providing police and fire protection services to the property. In addition, the existing sanitary sewer main connection will be maintained by the City of Pueblo. The adjacent roadways within Pueblo County have been excluded from this annexation, in order to not created segmented maintenance of the roadways by the City and the County. Reception 1708894 01/05/2007 ANNEXATION AGREEMENT CASE NO. A -06 -03 Lots 52 & 53 Pueblo Memorial Airport Annexation This Annexation Agreement entered into as of November 8 , 2006, by and between the City of Pueblo, a Municipal Corporation, (the "City ") and T and L Enterprises, 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. ZONING (1) 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. ✓20 X No later than ninety (90) days after the effective date of the ordinance annexing the Property, Petitioner shall cause the Property to be zoned Light Industrial District (I and Governmental Use District (S- 1) 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. (2) 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. (3) 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. III. PUBLIC FACILITIES (1) 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, and roadways. 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 II VIII IIIII I IIIII I II Iill III Iil VIII III III Page: 889438P Chris C. Munoz Puebl OCtyClk4Rec ANN% AGR 46.00 D 0.00 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. (2) The Petitioner shall pay the Pueblo Memorial Airport Industrial Park monthly "Combined Service Fee" as set forth in Section 3 -1 -14 of the Pueblo Municipal Code. IV. 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. Without further consent from City, the Petitioner is limited to only the discharge of domestic sewage from the Property into the City's sanitary sewer system. V. 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. VI. 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. VII. 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 appropriate City Departments. VIII. 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. IIIIIIIIIII IIIIII III III IIII IIIIII VIII IIIIIII Page: 889438P Chris C. Munoz Pueb1QCtyC1k$Reo PNNR RGR 46.00 D 0.00 IX. 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. X. CONTRACTUAL NATURE OF ANNEXATION AGREEMENT The terms, conditions and obligations of this Annexation Agreement are and shall be construed to be purely contractual in nature, as terms, conditions and obligations voluntarily agreed to by City and Petitioner prior to annexation of the Property to the City. The terms, conditions and obligations imposed on Petitioner and the Property by this Annexation Agreement are not nor shall they individually or cumulatively be construed to be conditions upon granting land -use approvals within the meaning of sections 29 -20 -201 to 29 -20 -204, C.R.S. XI. 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. XII. 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 V. Guardamondo T and L Enterprises, LLC P.O. Box 11068 Pueblo, CO 81001 or to such other address as either party by written notice given hereunder may designate. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: O8894 38P Chris C. Munoz Pueb1oCtyC1k &Rec ANNX RGR 46.00 0 0.00 (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 Annexation Agreement are merged in this Annexation Agreement, which constitutes the entire agreement between the parties. �q Y t Ex�cut�a� - ueblo, Colorado as of the day and year first above written. At PUEBLO, a Municipal Corporation C - By Attest: \-k President of the City Council APPROVED AS TO FORM: City Attorney PETITIONER: T and L Enterprises, LLC, a Colorado Limited Liability Company [SEAL] -Title: Thomas V. Guardamondo, resident Attest: By 1 Title Page: 889438P Chris C. Munoz Pueb1OCtYC1k &Rec RNNX PGR 46.00 D 0.00 STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this � day of mbPr, 20 0(o, by M i Y4 I 0CGj) iQ }O as President of City Council and ion 1lt i-rInc as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. expires: - 1 - "�2 P -- nvr - t- n LZ Notary Public STATE OF COLORADO COUNTY OF PUEBLO ss. The foregoing instrument was acknowledged before me this 8th day of November , 20 06 , b Thomas V. Guardamondo President T and L Enterprises Inc a Colorado Limited Liability Compm. Witness my hand and official seal My commission expires: 01/11/2010 otary Pu lic d " �- C) i M unOz Page: 6 of 9 P M EXHIBIT A Legal Description BEGINNING at the northwesterly corner of Parcel Lot 53, Pueblo Memorial Airport Industrial Park Subdivision, according to the recorded plat thereof, filed for record November 11, 1995 in Book 2836 at Pages 665 -670, Reception No. 1096136 in the records of the Pueblo County Clerk and Recorder; thence S 46 0 31'41 "E, along the northerly line of said Lot 53, a distance of 226.91 feet to the northeasterly corner of said Lot 53; thence S 43 °27'28 "W, along the easterly line of said Lot 53, a distance of 179.20 feet to the southeasterly corner of said Lot 53; thence along the southerly line of said Lot 53 the following two (2) courses: 1.) N 46 °32'32 "W, a distance of 32.79 feet; 2.) N 55 °02'21 "W, a distance of 196.35 feet to the southeasterly corner of Parcel A, Subdivision Exemption No. 96 -03, according to the recorded plat thereof, filed for record March 26, 1997 in Book 2981 at Page 40 in the records of the Pueblo County Clerk and Recorder; thence continuing N 55 0 02'21 "W, along the southerly line of said Parcel A, a distance of 169.49 feet to a point on the easterly right of way line of Braniff Street; thence N 01 °30'51 "W, along said easterly right -of -way line, a distance of 146.52 feet to the NW corner of said Parcel A; thence along the northerly line of said Parcel A, the following two (2) courses: 1.) N 88 °26'39 "E, a distance of 129.13 feet; 2.) S 46 °31'41 "E, a distance of 179.96 feet to the northeasterly corner of said Parcel A, said point being on the westerly line of said Lot 53; thence N 43 0 28'39 "E, along said westerly line of Lot 53, a distance of 38.38 feet to the POINT OF BEGINNING. Said Parcel contains 1.95 acres, more or less. 1708894 Page: 7 of 9 Chrilll lulllllllll 111 lllllllll 111 lullllll llll 1/05/2007 01:38P D 0.00 -7-