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Home My WebLink About07626ORDINANCE NO. 7626 AN ORDINANCE APPROVING ADDENDUM NO. 1 TO THE ANNEXATION AGREEMENT FOR THE AREA COMMONLY KNOWN AS UNIVERSITY VILLAGE AND DESCRIBED AS LYING EAST OF TROY AVENUE EXTENDED AND NORTH OF COLORADO STATE HIGHWAY NO. 47, AS APPROVED BY ORDINANCE 5404 WHEREAS, 610 RLLLP, a Colorado limited liability limited partnership, is the successor in interest of David R. Sellon & Company, in and to the property that was annexed into the City of Pueblo commonly known as the University Village Annexation, Case No. A -87 -1 and described as lying east of Troy Avenue Extended and north of Colorado State Highway No. 47 as approved in Ordinance No. 5404 and are subject to the certain terms and conditions contained within the Annexation Agreement, Case No. A -87 -1, desires to amend the Annexation Agreement. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Addendum No. 1 to the Annexation Agreement, Case No. A -87 -1, dated July 9, 2007, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. This Ordinance shall become effective immediately upon Petitioner executing an agreement approving the amendment to the Annexation Agreement set forth in Section 1 and ratifying and confirming the Annexation Agreement which will thereafter be recorded by the City Clerk in the records of the Pueblo County Clerk and Recorder. INTRODUCED July 9. 2007 APPROVED: a ESID NT%J City Council ATTESTED BY: CITY CLERK BY Randy Thurston Councilperson PASSED AND APPROVED: July 23, 2007 Or l ko 2LP U ID �J 1 Background Paper for Proposed ORDINANCE AGENDA ITEM # ( 1 ' DATE: JULY 9, 2007 DEPARTMENT: COMMUNITY DEVELOPMENT /JERRY M. PACHECO PLANNING DEPARTMENT /JERRY M. PACHECO ffil -'14 AN ORDINANCE APPROVING ADDENDUM NO. 1 TO THE ANNEXATION AGREEMENT FOR THE AREA COMMONLY KNOWN AS UNIVERSITY VILLAGE AND DESCRIBED AS LYING EAST OF TROY AVENUE EXTENDED AND NORTH OF COLORADO STATE HIGHWAY NO. 47, AS APPROVED BY ORDINANCE 5404 ISSUE Shall the City Council approve Addendum No. 1 to the Annexation Agreement for the area commonly known as University Village, as approved by Ordinance 5404, temporarily suspending certain provisions of the Annexation Agreement to permit the rezoning of a portion of the Property to allow for the development of a football stadium, track facilities, and sports complex, including a field house, for use by CSU- Pueblo? RECOMMENDATION Approval of Ordinance. BACKGROUND The University Village Annexation, Case No. A -87 -1, was approved by City Council on June 8, 1987 by Ordinance No. 5404. The major change to the current University Village Annexation Agreement allows the property owner to rezone a portion of the property to S -1, Governmental Use District for the purposes of developing a sports complex. As part of the rezoning process, the property owner must file a Development Plan for the sports complex to the City Planning and Zoning Commission for approval. The Development Plan will address on -site and off -site surface water drainage, sanitary sewers, roads, and other transportation improvements, as well as, easements and land dedications required for subdivision by provisions of Chapter 4, Title XII of the Pueblo Municipal Code. The conditions under which building permits and a Certificate of Occupancy may be issued are identified under Section 3 of Addendum No. 1 to the Annexation Agreement. See attached Addendum No. 1 to the Annexation Agreement. FINANCIAL IMPACT None. Reception 1737469 08/08/2007 Ordinance #7626 ADDENDUM NO. I TO ANNEXATION AGREEMENT CASE NO. A -87 -1 THIS ADDENDUM NO. 1 ( "Addendum ") entered into as of July 9, 2007 by and between the City of Pueblo, a municipal corporation ( "City ") and 610 RLLLP, a Colorado limited liability limited partnership ("Company"), WHEREAS, City and David R. Sellon & Company, a Colorado corporation, entered into an Annexation Agreement Case No. A -87 -1 dated May 11, 1987 recorded July 24, 1987 in Book 2358, Page 175 as Instrument No. 839900 of the records of the Pueblo Clerk and Recorder ("Annexation Agreement ") with respect to the following described real property: Section 16, Township 20 South, Range 64 West of the a P.M.; except, the NW 1/4 of the SW 1/4 of the NE 1/4; the SW 1/4 of the SW 1/4 of the NE 1 /4; and, the NE 1/4 of the SW 1/4 of the NE 1/4 thereof, Pueblo County, Colorado ("Property"), and WHEREAS, Company is the successor in interest of David R. Sellon & Company in and to the Property and owns fee simple title to the Property, and WHEREAS, Company desires that the City temporarily suspend certain provisions of the Annexation Agreement to permit the rezoning of a portion of the Property and development of same as a football stadium, track facilities, and sports complex, including a fieldhouse, for use by Colorado State University- Pueblo ( "Sports Comple)"), and WHEREAS, City desires to cooperate in the growth and development of Colorado State University - Pueblo, including the construction of the Sports Complex. INSERT A NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Company agree as follows: 1. Company shall file an application to rezone a portion of the Property described in the attached Exhibit "A" to Governmental Use District (S -1) for purposes of developing the Sports Complex and diligently pursue the approval of such application. 2. Contemporaneously with its application for rezoning, Company shall submit to the Planning and Zoning Commission a Development Plan for the Sports Complex in compliance with the provisions of Section 174- 51(16)b. of the Pueblo Municipal Code and diligently pursue its approval ( "Development Plan "). In addition to the requirements of said Section 174- 51(16) b., such Development Plan shall address on -site and off -site surface water drainage, sanitary sewers, roads and pioneer roadways, if any, and other transportation improvements, other utility extensions to the Sports Complex, easements and land dedications similarly required for subdivisions by the provisions of Chapter 4, Title XII of the Pueblo Municipal Code ("Improvements"). 3. Upon approval of the rezoning by the City Council and the Development Plan by the Planning and Zoning Commission, City will approve the issuance of building permits for the Sports Complex, provided, that either (i) Company has installed the Improvements in compliance with the development plan and City's standards and sp and City has approved same, 1737469 ADD-AG 08/08/2007 03:23:02 PM Page: 1 of S R 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc 1111 K FO«h+IM iN1M E411SL X41110111111 or (ii) Company has submitted plans, construction drawings, or easements, where applicable, in compliance with the Development Plan and City's standards and specifications for the Improvements, and the City has approved same. No certificate of occupancy shall be issued for the Sports Complex until after either (i) completion and acceptance by the City of the Improvements, or (ii) Company has deposited with the Director of Finance a letter of credit, escrow agreement, cash or collateral equal to one hundred fifty percent (150 %) of the cost of the Improvements as estimated by the Director of Public Works to insure the timely completion of the Improvements in accordance with the Development Plan and City's standards and specifications. Any letter of credit, escrow agreement or collateral other than cash shall be approved as to form and sufficiency by the City Attorney. 4. All provisions of the Annexation Agreement and ordinances and resolutions of the City in conflict with the provisions of this Addendum, shall, to the extent of such conflict, be temporarily suspended with respect to the actions to be taken by Company and City under this Addendum and during the initial development of the Sports Complex. 5. Except as otherwise specifically provided in this Addendum, the Annexation Agreement shall remain in full force and effect. This Addendum and Annexation Agreement shall be binding upon and inure to the benefit of City and Company and their respective successors and assigns. The Annexation Agreement and this Addendum shall be and be construed to be a covenant running with the land. 6. This Addendum integrates all prior understandings, and sets forth the entire agreement between the parties hereto with respect to the subject matter hereof. 7. Nothing contained in this Addendum shall constitute or be interpreted as a repeal of existing City codes or ordinances or a waiver or abrogation of the City's legislative, governmental or police powers to promote and protect the health, safety and general welfare of the City and its inhabitants. 8. This Addendum shall be construed and interpreted in accordance with Colorado law. If any provision of this Addendum shall be determined to be invalid or unenforceable, such determination shall not affect any of the other provisions of this Addendum. day and year first above written. 'Y Approved as to form: CITY OF PUEBLO By: QJ, President 6tthe Ciij Council City Attorney 17 ADD 08/08/2007 03:23:02 PM Pa GL lbert Ortiz C1er r r r r Puebla County, Co ■III K l�G0«+111M�'1f� 4WIN 11111 2 Attest: STATE OF COLORADO ) )SS. COUNTY OF PUEBLO ) By: Acu�� D Name: C n,v I eA Title: (.- �vlc✓�L The foregoing instrument was acknowledged before me this 13 r a day of July, 2007 by Judy P. Weaver as President of the City Council and Gina Dutcher as City Clerk of the City of Pueblo, a municipal corporation. Witness my hand and official seal. O . .). f •. _ expires: I l- I2- 0$ . ST- "�OF COLORADO ) )SS. COUNTY OF PUEBLO ) otary Public t Th foreg ing�1 strument was acknowled ed before me this day of 2007 b y p� I n t—1 o as ,o a g CA. iq 1 P f and lames ff\55.x[41 aS ��nr��. C L�p�e�mn.P� a l, ' t. Wi %cr,�- Witness my hand and official seal. My commission expires: . Notary Public 1737469 ADD AG 08/08/2007 03:23:02 PM Page: 3 of 5 13 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®III K 11 VIIYAWAM Gi IA 11 111 3 EXHIBIT A LAND DESCRIPTION A parcel of land located in the W 1 /2 of the NW 1 /4 and the W 1 /2 of the S W 1 /4 of Section 16, Township 20 South, Range 64 West of the 6"' P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the West line of the NW 1 /4 of Section 16, Township 20 South, Range 64 West of the 6"' P.M. to bear N. 01 W., and all bearings contained herein being relative thereto. Beginning at the W 1 /4 comer of said Section 16; thence N. 01 W., along the West line of said Section 16, a distance of 651.85 feet; thence N. 88 E., a distance of 1000.00 feet; thence S. 01 E., a distance of 1159.67 feet; thence S. 88 0 08'45" W., a distance of 1000.00 feet to a point on the West line of said Section 16; thence N. 01 W., along the West line of said Section 16, a distance of 520.06 feet to the Point of Beginning. Containing 26.76 acres more or less. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5"' Street Pueblo, Colorado 81003 May 23, 2007 JN 07 016 00 1737469 ADD AG 08/08/2007 03:23:02 PM Page: Page: 4 of 5 '1 26.00 D 0.00 T 26.00 Gi Ortiz Clerk /Recorder, Pueblo County, Cc 1111 K F010 MM"AWL M1 W11I 111 Page 1 of 2 1737469 ADD AG 08/08/2007 03:23:02 PM Page: S of S 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co 1111 m poly I! VIVO.' I M' ��M ML Wi 11111 EIXHIBI T A 8 9 • OA Z) D7 { NOT TO 6CALC LEGEND 0 o I PDR =PQINT OF DEGINNM '.76TH 2 N88'50'49E — r ap 1000.00 O W 112 NW r/¢ EcnoN is I I I I I I I ' P. O. B. -�- I o I ' . N � I I I O I 1 + S88'08'45 W1 12 SW 114 SECnoN is �0 P R E A �l y E �V��\Ga THIS EXHIBIT WAS NOT PREPARED AS A NONUNENTED LAN PARED TO DEPIC J� THEATT LAND DESCOR B IPTIQN. Y+NDRTHSTAR ENGINEERING AND SURVEYING, INC. PAGE 2 OF 2 1737469 ADD AG 08/08/2007 03:23:02 PM Page: S of S 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co 1111 m poly I! VIVO.' I M' ��M ML Wi 11111