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HomeMy WebLinkAbout07894Reception 1786393 10/29/2008 ORDINANCE NO. 7894 AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE SOUTH CENTRAL UTILITY CORRIDOR ANNEXATION F AND DESCRIBED AS LAND EAST OF INTERSTATE 25 AND SOUTH OF THE CURRENT CITY LIMITS 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: 1. AREA TO BE ANNEXED A portion of the E' /z of Section 26, Township 21 South, Range 65 West of the 6th P.M. in the County of Pueblo, State of Colorado and being more particularly described as follows: Commencing at a point on the Easterly right -of -way line of Colorado Interstate No. 25 as presently located said point also being on the most Southerly corner of Minnequa Industrial Park, Second Filing according to the recorded plat thereof as filed for record at Reception No. 1481756 in the Pueblo County records; thence S. 03 0 21'00" W., along the Easterly right -of -way line of said Colorado Interstate No. 25, a distance of 2299.83 feet; thence Southerly along the arc of a curve to the left whose radius is 540.00 feet, a distance of 209.16 feet to the Point of Beginning; thence S. 03 °21'00" W., a distance of 505.47 feet; thence N 86 0 39'00" W., a distance of 40.00 feet to a point on the Easterly 17 ORD 10/29/2008 12:09:54 PM Gal�e 2 of rt0 Or tiz C1erk1Ren 0 order, Puebla l blo Countty, Co miiiu aril �r clwrl;�lr��,E , ®iui right -of -way, line of said Colorado Interstate No. 25; thence N. 03 0 21'00" E., along the Easterly right -of -way line of said Colorado Interstate No. 25, a distance of 709.43 feet to the Point of Beginning. Containing 0.53 acres, more or less. 2. PROPOSED NEW CITY LIMITS LINE: Commencing at a point on the Easterly right -of -way line of Colorado Interstate No. 25 as presently located said point also being on the most Southerly corner of Minnequa Industrial Park, Second Filing according to the recorded plat thereof as filed for record at Reception No. 1481756 in the Pueblo County records; thence S. 03 0 21'00" W., along the Easterly right -of -way line of said Colorado Interstate No. 25, a distance of 2299.83 feet; thence Southerly along the arc of a curve to the right whose radius is 540.00 feet, a distance of 209.16 feet to the Point of Beginning and the Present City Limits line; thence S. 03 0 21'00" W., a distance of 505.47 feet; thence N 86 0 39'00" W., a distance of 40.00 feet to a point on the Easterly right -of -way line of said Colorado Interstate No. 25; thence N. 03 0 21'00" E., along the Easterly right -of -way line of said Colorado Interstate No. 25, a distance of 709.43 feet to 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 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; 17 ORD 10/29/2008 12:09:34 PM G116ert z o 3 C1erk1Reoor Puebl l C.mttY, Co Mill � 'I�GCG��' i ti�lr+l't!'llh��l�l��bk� lt�r� 11111 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. II% ome effective immediately upon final passage and the ad valorem tax purposes on and after January 1, 2009. CED September 22, 2008 I_1 Randy Thurston COUNCIL PERSO 'ROVED: PR SIDENT OF CITY COUNCIL CLERK PASSED AND APPROVED: October 14, 2008 D D O y — A � � �= I �E:D) �'�L - - �'� ------------ 7 Background Paper for Proposed ORDINANCE AGENDA ITEM # 44 DATE: SEPTEMBER 22, 2008 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE SOUTH CENTRAL UTILITY CORRIDOR ANNEXATION F AND DESCRIBED AS LAND EAST OF INTERSTATE 25 AND SOUTH OF THE CURRENT CITY LIMITS AND APPROVING AN ANNEXATION AGREEMENT RELATING THERETO ISSUE Shall City Council approve the proposed annexation of property that is located east of Interstate 25 and south of the current City limits? RECOMMENDATION The Planning and Zoning Commission, at their September 10, 2008 Regular Meeting, voted 5 -0 to recommend approval. BACKGROUND The South Central Utility Corridor Annexation F is a 0.53 -acre annexation. This annexation will facilitate the Vestas job creating capital improvement project. The property is currently zoned in an A -1, Agricultural Zone District within Pueblo County. The applicant will submit applications to zone the property to a S -1, Government 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 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 1786395 10/29/2008 ANNEXATION AGREEMENT CASENO. A -08 -08 This Annexation Agreement entered into as of October 1, 2008, by and between the City of Pueblo, a Municipal Corporation, (the "City ") and Pueblo Suburban Development, LLC, a Colorado Limited Liability Corporation (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 corporation 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 cant' 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- 1786395 ANNX AG 10/29/2008 12:09:54 PM Page; 2 of 9 R 46.00 D 0.00 T 46.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc 1IIIFIFEAtWY91WIWN141 (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 AND SUBDIVISION (1) 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 Government 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. 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. (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 II 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 II shall he 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. 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. IV. 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 -2- 178 ANNX AG 10/29/2008 12:09:54 PM ��• cafr 3 or of clan k4 00 0.0 4 Re a r Pu eblo County, Co ®illPF11114 IOW&VhIVAll IIaKI�41I,W 11111 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. V. 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. VI. 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 competentj urisdiction, such determination shall not affect any of the remaining provisions of this Annexation Agreement. VII. 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 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. VIII. 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. IX. DISCONNECTION 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 -3- 1786395 RNNX_AG 10/29/2008 12:09:54 PM Pa ge: 4 of 9 R 46.00 D 0.00 T 46.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc mill the same municipal services to the Property on the same general terms and conditions as the rest of the City receives. 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. 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: #44.3 ed - ( / H - 7V - ZGy� 2-6 U SNOW Fl A� 0< Rest!✓ L 4 K t% M FM Y 1%t. .11 7 cl� 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 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. ME 17 RNNXRG 10/29/2008 12:09:54 PM GTRrt o 9 _ Clark//Recorder, Pueblo County Co mill KIII NWIPA IfA'MLWr IVgrl qW W14 14111 Executed at Pueblo, Colorado as of the day and year first above written. [ S_E -A L.]- Attest: City. erk APPROVED AS TO FORM: City At PUEBLO, a Municipal By Pr Council f le PETIT [SEAL] Attest: By_ Title STATE OF - e R ) ) ss. COUNTY AF PiTEBLO _ ) The fc by rl r`ti Witness my hand and official seal. My commission expires: 1 1112-011 ' STATE OF ass. COUNTY OF �Jerv\ By: M Lf3EA i VB7V2,Eys t Title: tj6t ft i /Vd P e RS D LL C instrument was acknowledged before me this �}'— day of U R rR V n-.-a l— as President of City Council and N-e r as City Clerk of Pueblo, a Municipal Corporation. w. . -5- The foregoing 20_&� by was acknowledged before me this � v day of Witness my hand and official seal 1786395 ANNX AG 10/29/2008 12:09:54 PM Page: 6 of 9 — R 46.00 0 0.00 T 46.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ®IIII�aNF�f4'PIi� I Y�P1fr�:�lV��i1'�iir# ®1111 MI 1786395 RNNX_RG 10/29/2008 12:09:54 Ph Page: 7 of 9 R 46.00 D 0.00 T 46.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®III Mi�1N4" �wr�' Ih, Pis'I���hSYrlh�ru�tYl91�I�hMi�� I� ®I III EXHIBIT A LAND DESCRIPTION A portion of the E '/2 of Section 26, Township 21 South, Range 65 West of the 6th P.M. in the County of Pueblo, State of Colorado and being more particularly described as follows: Commencing at a point on the Easterly right -of -way line of Colorado Interstate No. 25 as presently located said point also being on the most Southerly corner of Minnequa Industrial Park, Second Filing according to the recorded plat thereof as filed for record at Reception No. 1481756 in the Pueblo County records; thence S. 03 °21'00" W., along the Easterly right -of -way line of said Colorado Interstate No. 25, a distance of 2299.83 feet; thence Southerly along the are of a curve to the left whose radius is 540.00 feet, a distance of 209.16 feet to the Point of Beginning; thence S. 03 °21'00" W., a distance of 505.47 feet; thence N 86 °39'00" W., a distance of 40.00 feet to a point on the Easterly right -of -way line of said Colorado Interstate No. 25; thence N. 03 °21'00" E., along the Easterly right -of -way line of said Colorado Interstate No. 25, a distance of 709.43 feet to the Point of Beginning. Containing 0.53 acres, more or less. and A portion of the E ' /Y of Section 26 and the NE '/< of Section 35, Township 21 South, Range 65 West of the 6th P.M. in the County of Pueblo, State of Colorado and being more particularly described as follows: Commencing at a point on the Easterly right -of -way line of Colorado Interstate No. 25 as presently located said point also being on the most Southerly corner of Minnequa Industrial Park, Second Filing according to the recorded plat thereof as filed for record at Reception No. 1481756 in the Pueblo County records; thence S. 03 °21'00" W., along the Easterly right -of -way line of said Colorado Interstate No. 25, a distance of 2299.83 feet; thence Southerly along the arc of a curve to the right whose radius is 540.00 feet, a distance of 297.70 feet to the Point of Beginning; thence S. 03 °21'00" W., a distance of 1889.60 feet; thence Southerly along the arc of a curve to the left whose radius is 540.00 feet and whose center bears S. 55 °03'49" E., a distance of 297.70 feet to a point on the Easterly right -of -way line of said Colorado Interstate No. 25; thence N. 03 °21'00" E., along the Easterly right -of -way line of said Colorado Interstate No. 25, a distance of 1745.86 feet; thence S. 86 °39'00" E., a distance of 40.00 feet; thence N. 03 °21'00" E., a distance of 505.47 feet; thence Southerly along the are of a curve to the left whose radius is 540.00 feet, a distance of 88.54 feet to the Point of Beginning. Containing 3.28 acres, more or less. Exhibit B (Exceptions) The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction.of the Company: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the public records. 4. Any Ben, or right to alien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said Land. 8. Liens for unpaid water and sewer charges, if any. 9. ANY AND ALL LEASES AND TENANCIES, IF ANY. 10. ALL EXISTING ROADS, RAILROAD RIGHTS OF WAY, DITCHES, UTILIM, CANALS, PIPE LINES, ELECTRIC TRANSMISSION LINES, TELEPHONE, SEWER OR WATER LINES AND RIGHTS OF WAY AND EASEMENTS THEREFOR, AS THE SAME MAY EXIST. Il. ANY RIGHTS OR INTERESTS OF THIRD PARTIES WHICH EXIST OR ARE CLAIMED TO EXIST IN AND OVER THE PRESENT AND PAST BED, BANKS OR WATERS OF SALT CREEK. 12. TERMS, CONDITIONS, RESERVATIONS AND ANY RIGHTS CONTAINED IN PLANTING EASEMENT RECORDED SEPTEMBER 3, 1941 IN BOOK 912 AT PAGE 507. 13. . ANY TAX, LIEN OR FEE RESULTING FROM INCLUSION IN PUEBLO SOIL CONSERVATION DISTRICT. 14. TERMS AND CONDITIONS OF RESOLUT70N AND ORDER VACATING ROADWAYS RECORDED OCOTBER 24, 1957 IN BOOK 1340 AT PAGE 428. P7 8 o 00 D 46.00 PO Gi lberl Ortiz Clerk /Recorder, Pueblo Count Cc ®iii r��l ti�a i�� ���: �i t� WHO a W WA 11111 178 ANN %_AG 10/29/2008 12:09:54 PM Gl lbe rt Clerk /Recorder, Pue 4 Courtty, Co 1111 N F AIPWiM 1"k W4PLITTRk< FAY4 �I III (Exceptions) The policy or policies to he issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 15. TERMS AND CONDITIONS OF RIGHTS CONTAINED IN DEEDS CONVEYED TO THE DEPARTMENTS OF HIGHWAYS, STATE OF COLORADO RECORDED MAY 28, 1962 IN BOOK 1482 AT PAGE 133, PAGE 144, PAGE 149, AND PAGE 152, 16. EASEMENT FOR UTILITY LINES AS GRANTED TO CENTRAL TELEPHONE AND UTILITIES CORPORATION IN INSTRUMENT RECORDED OCTOBER 20, 1977 IN BOOK 1907 AT PAGE 188. 17. EASEMENT FOR UTILITY LINES AS GRANTED TO MOUNTAIN STATES TELEPHONE & TELEGRAPH COMPANY IN INSTRUMENT RECORDED JANUARY 24, 1985 IN BOOK 2229 AT PAGE 81. 18. TITLE TO ALL MINERALS WITHIN AND UNDERLYING THE PREMISES, TOGETHER WITH ALL MINING AND DRILLING RIGHTS AND OTHER RIGHTS, PRIVILEGES AND OTHER IMMUNITIES RELATING THERETO, INCLUDING.BUT NOT LIMITED TO RIGHTS CONTAINED IN SPECIAL WARRANTY DEED RECORDED DECEMBER 20,1993 IN BOOK 2701 AT PAGE 276. 19. DECLARTION OF EASEMENTS RECORDED .NNE 18, 2002 UNDER RECEPTION NO. 1445005. 20. TERMS AND CONDITIONS OF LETTER RECORDED JANUARY 18, 2007 UNDER RECEPTION NO. 1710383. 21. TERMS, CONDITIONS AND NOTES CONTAINED IN PLAT OF ANNEXATION TO THE CITY OF PUEBLO RECORDED OCTOBER 21, 2005 UNDER RECEPTION NO. 1644570. 22. LACK OF ACCESS TO AND FROM PUBLIC ROAD, HIGHWAY, OR STREET. 23. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AND RIGHT OF WAY BY AND BETWEEN PUEBLO SUBURBAN DEVELOPMENT,.LLC A COLORADO LIMITED LIABILITY COMPANY AND PUEBLO, A MUNICIPAL CORPORATION (TO BE RECORDED).