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
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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
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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
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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.
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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.
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(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
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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
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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.
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