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HomeMy WebLinkAbout07800Reception 1773683 06/25/2008 ORDINANCE NO. 7800 AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE HWY 50 WEST CDOT MAINTENANCE FACILITY ANNEXATION AND DESCRIBED AS LAND NORTHWEST OF THE PUEBLO BLVD AND HWY 50 WEST INTERSECTION 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; that: NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, 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: A parcel of land located in a portion of the SW % of Section 10 and the NW % of Section 15, Township 20 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the South line of the SW % of Section 10, Township 20 South, Range 65 West of the 6 P.M. to bear N. 88 °47'58" E. and all bearings contained herein being relative thereto. Commencing at the SW corner of the SW % of Section 10; thence N. 47 °51'31" E., a distance of 187.04 feet to the Point of Beginning; thence N. 18 °44'24° E., a distance of 28.77 feet to a point on the Northerly right -of -way line of U.S. Highway No. 50 as presently located; thence along the Northerly right -of -way line of said U.S. Highway No. 50 the following four (4) courses: - - - -- - -- - - - 1773683 ORD 06/25/2008 02:59:40 PM Pan 2 of 3 R 16.00 D 0.00 T 16.00 ' Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ®III NFA C VA"M YM4rfi'M IN H U 1 11 II 1. N. 77 °29'39" E., a distance of 162.74 feet; 2. N. 67 °53'39" E., a distance of 309.70 feet; 3. N. 10 0 48'39" E., a distance of 460.20 feet; 4. S. 74 0 31'34" E., a distance of 87.05 feet; thence S. 16 0 57'02" E., a distance of 285.85 feet; thence S. 06 °37'53" E., a distance of 176.76 feet; thence S. 21 W., a distance of 335.62 feet; thence N. 74 0 48'18" W., a distance of 327.96 feet; thence N. 76 0 52'33" W., a distance of 297.42 feet to the Point of Beginning. Containing 4.99 acres, more or less PROPOSED NEW CITY LIMITS LINE: Commencing at the SW corner of the SW '/4 of Section 10; thence N. 47 °51'31" E., a distance of 187.04 feet to the Point of Beginning; thence N. 18 0 44'24" E., a distance of 28.77 feet to a point on the Northerly right -of -way line of U.S. Highway No. 50 as presently located; thence along the Northerly right -of -way line of said U.S. Highway No. 50 the following four (4) courses: 1. N. 77 °29'39" E., a distance of 162.74 feet; 2. N. 67 0 53'39" E., a distance of 309.70 feet; 3. N. 10 0 48'39" E., a distance of 460.20 feet; 4. S. 74 0 31'34" E., a distance of 87.05 feet; thence S. 16 0 57'02" E., a distance of 285.85 feet; thence S. 06 0 37'53" E., a distance of 176.76 feet; thence S. 21 0 28'33" W., a distance of 335.62 feet; thence N. 74 0 48'18" W., a distance of 327.96 feet; thence N. 76 0 52'33" W., a distance of 297.42 feet to the Point of Beginning. 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 MiFmli (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, 2009. INTRODUCED Aoril 28, 2008 Al ar� o BY: Judy Weaver COUNCIL PERSON APPR PRESIDENT OF CITY COUNCIL CLERK PASSED AND APPROVED: May 12, 2008 1773683 ORD 06/25/2008 02:59:40 PM Page: 3 of 3 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ®III k��11�1�wi�' I�ACh41 !'Illdlll�I�ka�liKll;�l46��''Y4 ®� ��� piz� r) �00 Background Paper for Proposed ORDINANCE /�, AGENDA ITEM # 4f 36 DATE: APRIL 28, 2008 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE HWY 50 WEST CDOT MAINTENANCE FACILITY ANNEXATION AND DESCRIBED AS LAND NORTHWEST OF THE PUEBLO BLVD AND HWY 50 WEST INTERSECTION AND APPROVING AN ANNEXATION AGREEMENT RELATING THERETO ISSUE Shall the City Council approve the proposed annexation of property that is located northwest of the Pueblo Blvd and Hwy 50 West intersection? The Planning and Zoning Commission, at their April 9, 2008 Regular Meeting, voted 7 -0 to recommend approval with the conditions that the City Attorney draft and approve the Annexation Agreement and that additional landscaping be required as part of Exhibit C of the Annexation Agreement. BACKGROUND The Hwy 50 West CDOT Maintenance Facility Annexation submitted by the Colorado Department of Transportation comprises 4.99 acres northwest of the Pueblo Blvd and Hwy 50 West intersection. CDOT is proposing to develop a maintenance facility including equipment storage and equipment maintenance, storage of road maintenance materials and a building with offices for their personnel. The property is currently zoned in an (A -1) Agricultural Zone District within Pueblo County. The applicant has concurrently submitted applications to zone the property to an S -1 Governmental Use District and to subdivide the property. The annexation agreement requires CDOT to connect an 18" sanitary sewer line into the City existing sanitary sewer system and to landscape the perimeter of the property to screen the maintenance facility according to the landscape plan as conditioned by the City Planning and Zoning Commission that will be approved by the Director of Planning and Community Development. 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. \0 ANNEXATION AGREEMENT CASE NO. A -08 -04 CDOT ANNEXATION This Annexation Agreement entered into as of & ; l ,?8 2008, by and between the =_ City of Pueblo, a Municipal Corporation, (the "City") and the State of Colorado for the use and benefit of THE COLORADO DEPARTMENT OF TRANSPORTATION, ( "Petitioner "), WITNESSETH g� WHEREAS, the Petitioner is the owner of the real property located in Pueblo County, mmL --- 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 mm w � City; and mm ND �� mma WHEREAS, as a condition precedent to the annexation of the Property, Petitioner has agreed ° 9 to enter into an annexation agreement with the City setting forth certain terms and conditions with respect to such annexation. Zm NOW THEREFORE, in consideration of the foregoing, and the covenants and conditions set a `0 Fig 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) The Colorado Department of Transportation is a state agency of the State 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. -1- 1773685 RNNX AG 06/25/2008 02:59:40 PM Page: 2 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ®III NJ P11L PPrl:k'dWOMWINdWtY+�, k (7) The representations and warranties of Petitioner contained herein will be true and correct in all material respects as of the date of recording the annexation plat and Ordinance of the City Council approving the annexation of the Property, as if made on the date of such recording. II. MASTER DEVELOPMENT PLAN Since the Petitioner is a public entity of the State of Colorado and is subdividing the property as a single lot subdivision, Petitioner shall not be required to prepare and submit to the Planning and Zoning Commission for approval a Master Development Plan for the Property. III. ZONING AND SUBDIVISION (1) No application for subdivision of all or any part of the Property shall be submitted to or considered by the City until after the Master Development Plan has been approved by the Planning and Zoning Commission; provided, however, that if the Property is intended to be included in a single subdivision, the application for such subdivision may be submitted at the time the Master Development Plan is submitted to the Planning and Zoning Commission. No subdivision of the Property shall be approved prior to the time the ordinance annexing the Property is approved on final presentation. (2) No later than ninety (90) days after the effective date of the ordinance annexing the Property, Petitioner shall cause the Property to be zoned Governmental Use (S -1) 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 City's comprehensive plan. (3) A petition to zone the Property may be filed at any time after the petition for annexation has been found to be valid in accordance with the provisions of Section 31 -12 -107, C.R.S. The Planning and Zoning Commission may hear the petition for zoning and make its recommendations thereon prior to annexing the Property, but the proposed zoning ordinance shall not be passed on final presentation prior to the date the ordinance annexing the Property is approved on final presentation. (4) The zoning provisions of this Article III relate to the initial zoning of the Property after annexation. Such zoning is not guaranteed and the City Council of City retains its full discretion with respect to such zoning. Nothing contained in this Article III shall be construed to limit the power of the City Council of City to rezone the Property or any part thereof after approval of the initial zoning of the Property after annexation. N. 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 -2- 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. VL COMPLIANCE WITH ORDINANCES The development, subdivision and zoning of the Property shall meet and comply with all applicable ordinances, resolutions, regulations, and standards of the City now existing or hereinafter enacted or amended. VII. BINDING EFFECT The covenants, restrictions, and agreements herein set forth are covenants running with the Property, shall run with and bind the Property, and shall extend to and be binding upon the Petitioner and its legal representatives, successors, assigns and transferees. The Petitioner expressly accepts and agrees to the covenants, restrictions, and agreements set forth herein by execution of this Annexation Agreement and by the filing of its petition for annexation. If Petitioner defaults in any of its obligations under this Annexation Agreement, including, without limitation, land dedication obligations, City, upon notice given to Petitioner specifying the default, may withhold all subdivision, special area plan, and other development approvals as well as building and occupancy permits for any building or structure within the Property until such default has been corrected to the satisfaction of the City. VIII. AMENDMENTS Amendments to this Annexation Agreement may only be made through formal petition to and approval by Resolution of the City Council after such amendment has been submitted to and reviewed by the appropriate City Departments and such Departments have submitted their findings and recommendations to the City Council. All amendments to the Master Development Plan must be approved by the Planning and Zoning Commission after review and recommendation by the appropriate City Departments. 1773585 RNNX AG 06/25/2008 02:59:40 PM Page: 3 of 10 R 51.00 0 0.00 T 51.00 Gilbert Ortiz Clerk /Reoorder. Pueblo County, Co ®iii FFAR y����a�a�IVNX«aaU air I. -3- 1773685 RNNX_RG 06/25/2008 02:59:40 PM Page: 4 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz Clerkl Recorder Pueblo County, Co IM SEVERABMITY 1111 I��dRY�Yu� i';�h����F L1�h �P�1��P1� h4'1� 11111 If any section, clause, or other provision of this Annexation Agreement is for any reason determined to be invalid or unenforceable by any court of competent jurisdiction, such determination shall not affect any of the remaining provisions of this Annexation Agreement. X. VESTED RIGHTS As a condition of and in consideration of the City annexing the Property, the Petitioner, for itself and its successors and assigns waives and releases all previously acquired or existing vested property rights attached to or established with respect to the Property. The Petitioner acknowledges and agrees that neither this Annexation Agreement nor any provision hereof, nor the annexation of the Property to the City, nor the approval of the Master Development Plan, zoning or subdivision, either separately or jointly (a) creates or establishes a vested property right in or for the benefit of the Petitioner or its successors or assigns, or with respect to the Property; or (b) constitutes a site - specific development plan. The terms "vested property right" and "site- specific development plan" shall have the same meaning as set forth in Section 17- 12-2 of the Pueblo Municipal Code and §24 -68 -101, et seq., C.R.S. XI. BUILDING No building, structure or other improvement shall be constructed or installed 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. XU. 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 Petitioner defaults in any provision or condition of this Annexation Agreement and such default is not cured within ninety (90) days after written notice specifying the default is given by City to Petitioner, or, if the default is one which cannot be cured within said 90 -day period, and Petitioner fails to undertake the cure of such default within said 90- day period and diligently prosecutes same to completion, 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. -4- XIII. 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. XIV. SPECIAL IMPROVEMENTS, DEDICATIONS AND IMPACT FEES In addition to the on -site and off -site improvements and land dedications required to be made by the provisions of this Annexation Agreement, Petitioner will construct and install the improvements, dedicate the land, and pay or cause to be paid the impact fees described in Exhibit "C" attached hereto and incorporated herein. The improvements, dedication, and impact fees described in said Exhibit "C" are in addition to and not in substitution for any improvements or dedications otherwise required by this Annexation Agreement. XV. MISCELLANEOUS (1) Notice All notices or other communications hereunder shall be sufficiently given and shall be deemed given when personally delivered, or mailed by registered or certified mail, postage prepaid, addressed as follows: (a) if to the City: Department of Public Works - City of Pueblo 211 East "D" Street, Pueblo, Colorado Attention: Director of Public Works (b) if to the Petitioner: Timot J. Harris, Regional Transportation Dire Colorado Department of Transportation Region 2 905 Erie Avenue Pueblo, CO 81002 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. Venue for any action arising out of this Annexation Agreement shall be Pueblo County, Colorado. (3) No Third Third Pa�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. E a a U� c� alp m =mom Z a' N .. o O ka Muim� -5- (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. o • u ectiited at Pueblo, Colorado as of the day and year first above written. i PUEBLO, a Municipal Corporation ♦ �l� �l l 3 V . President of the City Council APPROVED AS TO FORM: City Attome PETITIONER: Attest Q � Title PFe4;on 2 /) btu Way .Sc�aw Pr C DoY STATE OF COLORADO: DEPARTMENT OF TRANSPORTATION BILL RITTER GOVERNOj, By: _ / Timothy J. Ham's Region 2 Transportation Director Department of Transportation 1773685 ANNX AG 06/25/2008 02:59:40 PM Page: 6 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co 1111 R.i�1E�ih�d'PJMPfi IR'KAt4ROW, la STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The fioregqing instrument w s acknowledged before me this L day of p I o I J, , 20 c 6 , by i I'Y1QY as President of City Co�uncll Q {- as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. My co mmission ex pires: 6- LI -1—Ul [ S E WtTE BRAVO -NEFF NOTARY PUBLIC ST ATE OF COLORADO Not ry Public STATE OF eolorac(o ) ss. COUNTYOF Pveblo ) The foregoing instrument was acknowledged before me this t g g g ,�8 day of 4pril ,2008 by Timothy J. Harris, Region 2, Regional Transportation Director, Colorado Department of Witness my hand and official seal r My commission expires: Feb 7 [SEAL] C. 114 D ., F` WON WE 17 RNNX_AG 06/25/2008 02:59:40 PM 0.00 T 51 Pae: Gilbert Clerk R 51.00 Recorde Pueblo Coun Cc ®III �4P1RkGl4�f �P�1�h4�' P�M�i�ih'l�F+�ti�U��l�ill4�,1III -7 Exhibit A AREA TO BE ANNEXED A parcel of land located in a portion of the SW Y< of Section 10 and the NW '% of Section 15, Township 20 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the South line of the SW '/< of Section 10, Township 20 South, Range 65 West of the 6 P.M. to bear N. 88 °47'58" E. and all bearings contained herein being relative thereto. Commencing at the SW corner of the SW /< of Section 10; thence N. 47'5131"E, a distance of 187.04 feet to the Point of Beginning; thence N. 18 °4424 "E., a distance of 28.77 feet to a point on the Northerly right -of -way line of U.S. Highway No. 50 as presently located; thence along the Northerly right -of -way line of said U.S. Highway No. 50 the following four (4) courses: 1. N. 77 0 2939" E., a distance of 162.74 feet; 2. N. 67 °5339" E., a distance of 309.70 feet; 3. N. 10 °4839 "E., a distance of 460.20 feet; 4. S. 74 °31'34 "E., a distance of 87.05 feet; thence S. 16 a distance of 285.85 feet; thence S. 06 0 37'53 "E., a distance of 176.76 feet; thence S. 21 W, a distance of 335.62 feet; thence N. 74 °48'18" W., a distance of 327.96 feet; thence N. 76 0 5233" W, a distance of 297.42 feet to the Point of Beginning. Containing 4.99 acres, more or less 2. PROPOSED NEW CITY LIMITS LINE: Commencing at the SW corner of the SW % of Section 10; thence N. 47 0 51'31 "E., a distance of 187.04 feet to the Point of Beginning; thence N. 18 °4424 "E., a distance of 28.77 feet to a point on the Northerly right -of -way line of U.S. Highway No. 50 as presently located; thence along the Northerly right -of -way line of said U.S. Highway No. 50 the following four (4) courses: 1. N. 77 °2939" E., a distance of 162.74 feet; 2. N. 67 °5339" E., a distance of 309.70 feet; 3. N. 10 °4839 "E., a distance of 460.20 feet; 4. S. 74 °31'34 "E., a distance of 87.05 feet; thence S. 16 0 57'02 "E., a distance of 285.85 feet; thence S. 06 0 37'53 "E., a distance of 176.76 feet; thence S. 21'2833" W., a distance of 335.62 feet; thence N. 74 0 48'18" W., a distance of 327.96 feet; thence N. 76 0 5233" W., a distance of 297.42 feet to the Point of Beginning. 3. CERTIFICATION OF PERIMETER: At least one -sixth of the area to be annexed is contiguous with existing City Limits Line, as continuity is permitted across public land as set forth in Section 31 -12 -104 Et. Seq. Colorado Revised Statutes 1994 (as amended) s o a _ awl® M EXHIBIT B NONE 1773685 ANNX AG 06/25/2008 02:59:40 PM Pagge: 9 of 10 R 51.00 0 0.00 T 51.00 Gi l6ert Ortiz Clerk /Recorder, Pue6io County, Ca 1111 I�P1R' I�: by'�h�l'��hl��I',1�kl��lM@l�hY4 ®I III EXHIBIT "C" SPECIAL IMPROVEMENTS, DEDICATIONS AND IMPACT FEES CDOT (A- 08 -04) ANNEXATION AGREEMENT 1. Sanitary Sewer Petitioner, at its sole expense, shall within 180 days after the effective date of the ° ordinance annexing the Property (a) complete a sanitary sewer collection system study identifying the point of connection to the existing city sanitary collection system, the areas am° OT to be served within the upstream collection basin, and areas not to be served ( "Study "), (b) Nm �' design, construct and install all off -site sanitary sewer line, based on the Study, connecting �m m � QJ to the existing City sanitary sewer collection system in such size, location and alignment MM N^ ON approved by the Director of Public Works and (c) obtain all off -site easements therefor. o�!� The sanitary sewer Study and sanitary sewer system must be designed by a Colorado duly a ° XrU b a oy�. licensed professional engineer and approved by the Director of Public Works. Subject to ° ti �..� m and compliance with Section 16 -5 -5 of the Pueblo Municipal Code. The Petitioner may be p �® " eligible for Cost Recovery for all or a portion of the cost of the sewer main extension of or improvements to the existing City sanitary sewer collection system to the Property. 2. Landscaping Petitioner, at its sole expense, shall complete landscaping improvements within (1) one year after substantial completion of the maintenance facility that will screen the maintenance facility from Highway 50 West and W ildhorse Road including, but not limited to, trees, shrubs, native grass vegetation, and irrigation system. The landscape improvements shall be completed in accordance with a landscape plan designed at the sole expense of the Petitioner and approved by the Director of Planning and Community Development. -10-