HomeMy WebLinkAbout07779Reception 1769001
05/14/2008
ORDINANCE NO. 7779
AN ORDINANCE ANNEXING THE AREA COMMONLY
KNOWN AS THE BLUFFS ANNEXATION PHASE 1
AND DESCRIBED AS WEST OF THE INTERSECTION
OF PUEBLO BLVD AND WEST 29 ST AND EAST OF
PUEBLO MOTORSPORTS PARK 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:
The E' /z NE' /4 NE' /4 of Section 21, Township 20 South, Range 65 West of the 6 P.M.,
Except that part described as follows:
Beginning at a point on the north line of Section 21, Township 20 South, Range 65 West
of the 6 P. M., from which the northeast corner of said Section 21 bears S. 89 53' 30"
East, a distance of 400.0 feet;
1. Thence S. 2 15' 30" E. a distance of 2,629.0 feet to a point on the South line
of the NE % of said Section 21;
2. Thence along said South line N. 89 50' 30" East, a distance of 300.00 feet to
the E % comer of the said Section 21;
3. Thence along the East line of said Section 21 N. 0 05' W., a distance of
2,625.3 feet to the NE corner of said Section 21;
4. Thence along the North line of said Section 21 N. 89° 53' 30" W., a distance
of 400.0 feet, more or less, to the point of beginning, County of Pueblo, State
of Colorado.
Said Parcel contains 8.60 acres more or less.
At least one -sixth (116) of the boundary of the land described above is existing City
Limits Line.
PROPOSED NEW CITY LIMITS LINE'
Beginning at a point on the north line of Section 21, Township 20 South, Range 65 West
of the 6th P.M., from which the northeast corner of said Section 21 bears S89 0 53'30 "E a
distance of 400.0 feet, said point being on the westerly right of way line of State
Highway 45, also known as Pueblo Boulevard; thence S2 0 15'30 "E, along said westerly
right of way line, a distance of 1315.58 feet to a point on the south line of the E % NE '%
NE '/4 of said Section 21; thence S89 0 58'30 "W, along said south line a distance of
309.89 feet to the southwest corner of said E' /2 NE % NE %; thence N0 0 05'00 "W, along
the west line of said E' /2 NE'% NE %, a distance of 1314.18 feet to the northwest corner
of said E '/ NE '% NE '/ % thence S89 0 53'30 "E, along said north line of Section 21, a
distance of 260.0 feet, to the POINT OF BEGINNING.
BASIS OF BEARING: The east line of said Section 21, assumed to bear N 0 0 05'00 "W.
SECTION 2.
The owners of one hundred percent (100 %) of the property to be annexed have
petitioned for such annexation.
SECTION 3.
The Annexation Agreement in the form and content presented to the City Council
at this meeting is hereby authorized and approved. The President of the City Council is
hereby directed and authorized to execute and deliver the Annexation Agreement in the
name of the City and the City Clerk is directed to affix the seal of the City thereto and
attest same.
SECTION 4.
Within thirty (30) days after the effective date of the Ordinance, the City Clerk
shall:
(a) File one copy of the annexation map with the original of this ordinance in the office
of the City Clerk;
(b) File for recording three certified copies of this Ordinance and annexation map with
the Pueblo County Clerk and Recorder;
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
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c) File one certified copy of the annexation map and this Ordinance with the
Southeastern Colorado Water Conservancy District.
S ECTION 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. §3745 -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, 2009.
INTRODUCED March 24.2008
BY Vera Ortegon
�COUNCIL PERSON
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
WY CLERK
PASSED AND APPROVED: April 14, 2008
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NEW
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 4( 3 6
DATE: MARCH 24, 2008
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE BLUFFS
ANNEXATION PHASE 1 AND DESCRIBED AS WEST OF THE INTERSECTION OF
PUEBLO BLVD AND WEST 29 ST AND EAST OF PUEBLO MOTORSPORTS PARK
AND APPROVING AN ANNEXATION AGREEMENT RELATING THERETO
ISSUE
Shall the City Council approve the proposed annexation of property that is located west
of the intersection of Pueblo Blvd. and West 29 St. and east of Pueblo Motorsports
Park?
The Planning and Zoning Commission, at their February 13, 2008 Regular Meeting,
voted 7-0 to recommend approval.
BACKGROUND
The Bluffs Annexation Phase 1 submitted by Bluffs on the Boulevard, LLC comprises
8.60 acres west of the intersection of Pueblo Blvd. and West 29 St. and east of Pueblo
Motorsports Park. The property is currently zoned in an (A -1) Agricultural Zone District
within Pueblo County. The applicant has concurrently submitted a zoning application to
zone the property to a PUD Planned Unit Development District and subdivide the
property prior to the issuance of building permits. The Pueblo Regional Development
Plan identifies the future land use as "Special Development Area ". These areas are
lands with significant development, redevelopment and /or open space potential in
strategic locations that suggest the need for careful, location specific plans for
infrastructure and private development. Master plans should be prepared prior to
development or redevelopment occurring.
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 1769003
05/14/2008ANNEXATION AGREEMENT
CASE NO. A -07 -02 THE BLUFFS ANNEXATION
PUD DEVELOPMENT
This Annexation Agreement entered into as of - April 14 , 2008, by and
between the City of Pueblo, a Municipal Corporation, (the "City ") and Bluffs on the Boulevard,
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.
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(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.
11. 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
contemporaneously with Petitioner's application to zone the Property as Planned Unit
Development (PUD) as provided in Article III hereof. 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
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
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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 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
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Gilbert z CCler /Recorde Pueblo Countt0, co
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.
III. ZONING AND SUBDIVISION
(1) The Property shall be zoned as Planned Unit Development (PUD) which
constitutes the land use classification most nearly corresponding to the land use classification
into which the Property has been classified or will in the reasonable future be classified under the
Pueblo Regional Comprehensive Development Plan. Petitioner further consents and agrees that
the annexation of the Property is contingent on City's approval of a final ordinance zoning the
Property PUD and approving a PUD Development Plan therefore (the "Zoning Ordinance ")
contemporaneously with the approval of an ordinance annexing the Property to the City (the
"Annexation Ordinance "). If the City Council for the City (i) does not for any reason, or no
reason, adopt the Annexation Ordinance, or (ii) adopts the Annexation Ordinance but does not
contemporaneously adopt the Zoning Ordinance, the Annexation Ordinance, if adopted, shall be
deemed repealed, and the petition for annexation will be deemed withdrawn, and the annexation
process will be terminated.
(2) Petitioner shall submit to the Planning and Zoning Commission for review and
recommendation a complete PUD zoning application accompanied by the PUD Development
Plan, Development Guide and Project Narrative required by Section 17 -8 -6 of the Pueblo
Municipal Code (collectively the "PUD Zoning Application "). The Petitioner shall consent in
writing to the inclusion of the Property in the PUD. The PUD Zoning Application shall be
submitted immediately after the City Council of City has preliminarily determined the petition
for annexation to be valid in accordance with the provisions of Section 31 -12 -107, C.R.S., tabled
final action on the petition for a period of not more than one hundred eighty (180) days, and
referred the petition to the Planning and Zoning Commission for review and recommendation.
Petitioner shall diligently pursue the approval of the PUD Zoning Application.
(3) After the Property is zoned PUD, or contemporaneously with the filing of the
PUD Zoning Application, Petitioner shall submit to the Planning and Zoning Commission for
approval a PUD Site Plan for all or a portion of the Property in conformity with the provisions
and requirements of Section 17 -8 -7 of the Pueblo Municipal Code.
(4) No application for subdivision of all or any portion of the Property shall be
submitted or considered by the City until after the Planning and Zoning Commission approves
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Gi lberl Ortiz Clerk /Recorder, Pueblo Ccunty, Co
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the PUD Site Plan for the portion of the Property sought to be subdivided. No building permit or
occupancy permit shall be approved for any portion of the Property unless located within an
approved subdivision for which a PUD Site Plan has been approved by the Planning and Zoning
Commission.
(5) The zoning provisions of this Article III relate to the initial zoning of the Property
as PUD 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 as PUD after annexation.
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, parks
and open space. 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, trail systems, parks, 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. All existing and new power lines less than 30,000 volts and all
other overhead utilities (1) within the Property, (2) within the public rights -of -way adjoining the
Property, and (3) within the areas adjacent to the Property which serves the Property shall be
placed underground.
VI. COMPLIANCE WITH ORDINANCES AND PAYMENT OF FEES AND TAXES
(1) 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.
(2) Petitioner agrees to pay all building, subdivision and zoning fees, ad valorem
taxes, sales and use taxes, special assessments, impact fees and excise taxes established by City's
ordinances or resolutions at the time this Agreement is executed and such additional fees and
taxes as may be in effect at the time of development (as evidenced by subdivision approval),
except as specifically otherwise provided in this Agreement. The City may withhold any
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G lhert Ortiz Clerk /Reoorder, Pueblo County, Co
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subdivision plat approval or withhold the issuance of any permits for construction or occupancy
for failure to pay City fees and /or taxes as provided herein. All fees and taxes described herein
shall be subject to amendment and modification by the City Council of City by ordinance or
resolution so long as such amendments or modifications operate equally and uniformly upon all
persons and entities in similar circumstances. Any amendment or modification of fees and /or
taxes shall be incorporated into this Agreement as if originally set forth herein.
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 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
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Gilbert Ortiz Clerk /Recorder., Pueblo County, Co
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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.
XIL 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, a PUD Site Plan for all or a portion of
the Property is not approved and adopted by the Planning and Zoning Commission within two
(2) 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 ANNEXAT AGRE
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.
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,
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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: Jeff S. Gallegos, Managing Member
Bluffs on the Boulevard, LLC
P.O. Box 8155
Pueblo, Colorado 81008
or to such other address as either party by written notice given hereunder may designate.
(2) Governing Law and Venue 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. Exclusive venue for any action arising out of this Annexation Agreement shall be
Pueblo County, Colorado.
(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.
at Pueblo, Colorado as of the day and year first above written.
PUEBLO, a Municipal Corporation
B
President of the City Council
AS TO FORM:
City Attorn
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Gi lhert Ortiz Clerk /Recorder, Pueblo County, Cc
®III 1111111I II I
[SEAL]
PETITIONER:
BLUFFS ON THE BOULEVARD, LLC, a
Colorado Limited Liability Company
T' : Gallegos, Manage g Member
Attest: — �
By K L -'LLf ] M A C, AN�
Title C,r v P F Pa L-.3 Lc
LAND USr 27Z[.icp5 - - FL-C ri 114
STATE OF COLORADO )ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 14t hday of April ,
2008, by Barbara Vidmar as President of City Council and
Gina D-+rhar as City Clerk of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
My commission expires: 8 -21 -2011
L ENE BRAVO•NEFF
NOTARY PUBLIC
STATE OF COLORADO
N tary Public
STATE. OF COLORADO ) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this /_ day of 1 1 21arr k , 2008,
by Jeff S. Gallegos, as Managing Member, Bluffs on the Boulevard, LLC, a Colorado Limited
Liability Company
Witness my hand and official seal
My commission expires:
[SEAL]
Notary Public
KAREN S. WILLSON
NOTARY PUBLIC, STATE OF COLORADO
Exhibit A 1769003 ANNX AG 05/14/2008 04:01:35 PM
Page: 10 of 18 R 91.00 0 0.00 T 91.00
Gilbert Ortiz ClerklRecorder, Puebla County: Co
PHASE 1
AREA TO BE ANNEXED
The E %2 NE '/ NE ' / 4 of Section 21, Township 20 South, Range 65 West of the 6' P.M.,
Except that part described as follows:
Beginning at a point on the north line of Section 21, Township 20 South, Range 65 West of the
6' P.M., from which the northeast corner of said Section 21 bears S. 89' 53' 30" East, a distance
of 400.0 feet;
1. Thence S. 2 15' 30" E. a distance of 2,629.0 feet to a point on the South line of the NE ' / 4
of said Section 21;
2. Thence along said South line N. 89' 50' 30" East, a distance of 300.00 feet to the E ' / 4
comer of the said Section 21;
3. Thence along the East line of said Section 21 N. Oo 05' W., a distance of 2,625.3 feet to
the NE corner of said Section 21;
4. Thence along the North line of said Section 21 N. 89' 53' 30" W., a distance of 400.0
feet, more or less, to the point of beginning, County of Pueblo, State of Colorado.
Said Parcel contains 8.60 acres more or less.
At least one -sixth (1/6) of the boundary of the land described above is existing City Limits Line.
PROPOSED NEW CITY LIMITS LINE
Beginning at a point on the north line of Section 21, Township 20 South, Range 65 West of the
6 1h P.M., from which the northeast corner of said Section 21 bears S89o53'30 "E a distance of
400.0 feet, said point being on the westerly right of way line of State Highway 45, also known as
Pueblo Boulevard; thence S2o15'30 "E, along said westerly right of way line, a distance of
1315.58 feet to a point on the south line of the E %2 NE '/4 NE %4 of said Section 21; thence
S89 "W, along said south line a distance of 309.89 feet to the southwest corner of said E %2
NE ' / 4 NE %4; thence NOo05'00 "W, along the west line of said E '/2 NE ' / 4 NE ' / 4, a distance of
1314.18 feet to the northwest corner of said E %2 NE '/4 NE Y4; thence S89o53'30 "E, along said
north line of Section 21, a distance of 260.0 feet, to the POINT OF BEGINNING.
BASIS OF BEARING: The east line of said Section 21, assumed to bear N 0 °05'00 "W.
176 RNNX AG 05/14/2008 04:01:35 PM
Ga 11 of Ce rkRR 91.00 rD 0.00 Count Co
P 2 till
AREA TO BE ANNEXED
The NW '/4 NE ' / 4 and the W '/2 NE /4 NE ' / 4 of Section 21, Township 20 South, Range 65 West
of the 6 th P.M.,
Said parcel contains 59.76 acres more or less.
At least one -sixth (1/6) of the boundary of the land described above is existing City Limits Line.
PROPOSED NEW CITY LIMITS LINE
Beginning at the northeast corner of the W ' / 2 NE' /4 NE' /4 of Section 21, Township 20 South,
Range 65 West of the 6 1h P.M., from which the northeast corner of said Section 21 bears
S89 °58'30 "E a distance of 660.00 feet; thence N89 °53'30 "W, along the northerly line of said
Section 21, a distance of 1980.00 feet to the N' /4 corner of said Section 21; thence SO °04'59 "W
along the north -south centerline of said Section 21, a distance of 1318.79 feet to the N1 /16
corner of said Section 21; thence S89 °58'30 "E along the southerly line of the
N' /2 NE' /4 NE' /4 a distance of 1980.0 feet to the POINT OF TERMINUS at the southeast corner
of said W' /2 NE t/4 NE '/4.
BASIS OF BEARING: The east line of said Section 21, assumed to bear N 0 °05'00 "W.
-2-
EXHIBIT B
NONE
176 ANNX AG 05/14/2008 04:01:35 PM
: t 1 2 Ortiiz Clerk/Recorder, der, Pueblo o C
G, .r
■iii ��Atc��w ��+�,w�tti.181WEIVII' AIN 11111
-3-
EXHIBIT "C"
SPECIAL IMPROVEMENTS, DEDICATIONS AND IMPACT FEES
THE BLUFFS (A- 07 -02)
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. Construction of Roads
Petitioner shall design and construct, at its sole expense, the following road
improvements, in accordance with City standards, except as otherwise provided in this
Paragraph.
a. 29th Street
Primary access to the property shown on the attached Exhibit "C -1" will be from
29th Street. 29th Street is a mixed -use collector and shall be constructed as a 44'
paved roadway within an eighty (80) foot right -of -way between the existing access
from Colorado State Highway 45 (Pueblo Boulevard) to the western boundary of the
Property in an alignment approved by the Director of the Department of Public Works. .
The intersection of 29th Street and Colorado State Highway 45 will allow for no greater
than right -in and right -out traffic movement (left —in, left -out and through movements
prohibited). Prior to the approval of any subdivision of the Property, Petitioner will
acquire from the Colorado Department of Transportation an access permit for 29th
Street at Colorado State Highway 45. All improvements on Colorado State Highway
17 ANNX AG 05/14/2008 04:01:35 PM
1 Gi lbe 13 0rtiz Clerk/Recorder, der, Pueblo 0 o Coun
rt Co
■III N4P11u1RVIAH11'1911 11AUAKFINFIM 11111
45 and 29th Street required as a condition of this access permit will be the sole
responsibility of the Petitioner.
b. Secondary Access Road
Secondary access shall be required to all subdivided portions of the
Property from 24 Street as shown on the attached Exhibit "C -1 ". As part of the Master
Development Plan, Petitioner shall submit a phasing plan approved by the Director of Public
Works identifying when one or more of the development thresholds will be exceeded that
requires such secondary access road to be constructed. Petitioner shall, at its sole cost
within a 180 -day period following the issuance of the first building permit within the subdivision
requiring the construction of the secondary access road complete construction and installation
of two (2) lanes of travel not less than twelve (12) feet in width within the secondary access
rights -of -way described in paragraph 2.b. below.
Not withstanding the requirements of paragraph 2.b. above, when any of the
following development thresholds are exceeded: a) 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 b) when the
combination of vehicle trips to and from the Property per day exceeds 2,000 vehicle
trips per day, in the determination of the Director of Public Works, Petitioner shall, at its sole
cost within a 180 -day period complete construction of the secondary access road.
The construction of the secondary access roadway shall be in compliance with the
General Provisions for Roadway Classification Design Standards and Policies and the City's
Standard Construction and Standard Details (February 26, 2001) or as same may be hereafter
amended and in accordance with construction plans approved by the Director of Public Works.
Petitioner may be eligible for Cost Recovery from adjoining property owners for the secondary
access roadway constructed outside the Property as provided in Section 12 -4 -12 of the Pueblo
Municipal Code. 1769003 RNNX AG 05/14/2008 04:01:35 PM
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
mill ®1111
2
24 Street is identified as a principle arterial with a 120' wide right -of -way
on the Pueblo Area Transportation System Map. If not already dedicated to the public
or deeded to the City, Petitioner shall, at its cost and expense, obtain title to and deed
to the City by warranty deed a right of way for secondary access to the property along
the alignment described below:
A 120' right -of -way for 24th Street west of Colorado State Highway 45
(Pueblo Boulevard) to the intersection of the north -south roadway (connecting 24
Street and Spaulding Avenue) identified as "Segment A" as shown on the attached
Exhibit "C -1 ". In addition an 80' right -of -way from the intersection of 24 Street and
the north -south roadway to the southern boundary of the Property identified as
"Segment B" as shown on the attached Exhibit "C-1". The width of the right of way
shall comply with the General Provisions for Roadway Classification Design Standards
and Policies, and be located in an alignment approved by the Director of the
Department of Public Works.
3. Sanitary Sewer
Petitioner at its sole expense will be responsible for updating the West Pueblo
Collection System Study ( "Study "), and the design and the installation of the off -site
sanitary sewer line, based on the Study, 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 Study and sanitary sewer
system must be designed by a professional engineer and approved by the Director of
Public Works. The Petitioner may incur and have to pay and /or be eligible for Cost
Recovery per Section 16 -5 -5 of the Pueblo Municipal Code for all or a portion of the
cost of the sewer main extension or improvements to the existing sanitary sewer
system to the Property.
1769003 ANNX AG 05/14/2008 04:01:35 PM
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
®111r��1rMhilaw��LfdjiJMLY11V1 &Pid11111
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1759003 RNN% Rb 100114/XV00 VO ZV1:aQ rri
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Cc
4. 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
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 the Property
as developed and, if not, 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.
5. 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 acquire and dedicate to the
public or deed to the City, by warranty deed (i) all off -site sanitary sewer rights -of -way
to the Property connecting from a point on the city's existing sanitary sewer system, (ii)
4
all off -site roadway rights -of -way to the Property in compliance with secondary access
requirements in widths and alignments acceptable to the Director of Public Works and
(iii) by easement all required off -site rights -of -way for stormwater flow and /or
detention /retention facilities. ((i) (ii) and (iii) are herein collectively referred to as
"Rights of Way "). Rights -of -Way are to be dedicated to the public or conveyed to the
City and are deemed to be public Rights -of -Way.
If Petitioner, after good faith efforts as determined by the City Attorney, is not
able to acquire from the property owners one or more 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 such 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 in the
opinion of the City Attorney, fails to exercise good faith efforts in acquiring the 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.
Pa of N 18 0 Z D 0.00
Gilbert Ortiz Clerk /Reooroer, Pueblo County, Ca
® III FIAZI N1AMM hit WAFIVIVIMI114 11111
5
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1769003 RNNX AG 05/14/2008 04:01:35 PM
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
mill NVANXIOhM WkHm w WIIAF.Nh1 IN 11111
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1769003 RNNX AG 05/14/2008 04:01:35 PM
Page: 18 of 18 R 91.00 0 0.00 T 91.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
mill NVANXIOhM WkHm w WIIAF.Nh1 IN 11111