HomeMy WebLinkAbout10922 • 2379509 07/18/2025 09:37:11 AM
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Candace Rivera Clerk/Recorder, Pueblo County, Co
1111 kc1rtwiltlAri'iligi Y,itilliVirldriNiaYuri 11111
ORDINANCE NO. 10922
AN ORDINANCE ANNEXING UNINCORPORATED LAND
COMMONLY KNOWN AS THE THIRD ADDITION TO VILLA
BELLA ANNEXATION TO THE CITY OF PUEBLO DESCRIBED
AS 79.637-ACRES OF LAND LOCATED NORTHEAST OF THE
INTERSECTION OF TROY AVENUE AND RAWLINGS
BOULEVARD AND ADJACENT TO THE WALKING STICK VISTA
DEVELOPMENT
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 Colorado 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:
ANNEXATION:
PARCEL A: ALL OF MANHATTAN PARK, INCLUDING VACATED ALLEYS AND STREETS,
ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR RECORD APRIL 11, 1889
AT RECEPTION NO. 32464; EXCEPT LOTS 41 TO 46, INCLUSIVE, IN BLOCK 7, TOGETHER
WITH THAT PORTION OF 1/2 OF VACATED CATARACT AVENUE ADJOINING SAID LOTS
AND WITH 1/2 OF VACATED HAWTHORNE STREET ADJOINING LOT 46 AND 1/2 OF
VACATED ALLEY ADJOINING SAID LOTS BETWEEN VACATED CATARACT AVENUE AND
VACATED MOUNTAIN VIEW AND VACATED HAWTHORN STREET AND VACATED WALNUT
STREET AND EXCEPT ANY PORTION THEREOF LYING WITHIN COUNTY ROAD 3502 AS
SHOWN ON THE PUEBLO COUNTY ASSESSOR'S MAP CROSSING THE SUBJECT
PROPERTY,COUNTY OF PUEBLO, STATE OF COLORADO.
CONTAINING A NET AREA OF 79.637 ACRES.
LEGAL DESCRIPTION PROPOSED CITY LIMIT
2379509 07/18/2025 09:37:11 AM
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Candace Rivera Clerk/Recorder, Pueblo County, Co
BEGINNING AT THE QUARTER CORNER COMMON TO SECTIONS 8 AND 9, T20S, R64W
OF THE SIXTH P.M. SAID POINT BEING THE POINT OF BEGINNING (POB).
THENCE N88°16'59"E A DISTANCE OF 1312.80 FEET TO THE W 1/16TH CORNER OF
SECTION 9;
THENCE S00°12'48"W A DISTANCE OF 2642.09 FEET TO THE W 1/16TH CORNER COMMON
TO SECTIONS 9 AND 16, T20S, R64W, OF THE SIXTH P.M. AND THE POINT OF TERMINUS
(POT).
CERTIFICATION OF PERIMETER:
AT LEAST ONE-SIXTH OF THE BOUNDARY OF THE LAND DESCRIBED IN THE
ANNEXATION ABOVE IS NOW EXISTING CITY LIMITS LINE. THE COMPLETE ANNEXATION
IS WITHIN 3 MILES OF THE PRESENT CITY LIMITS.
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; and,
(b) File for recording three certified copies of this Ordinance and annexation map with the Pueblo
County Clerk and Recorder; and,
(c) File one certified copy of the annexation map and this Ordinance with the Southeastern
Colorado Water Conservancy District.
SECTION 5.
The officers of the City are hereby authorized to take all other actions necessary or
appropriate, on behalf of the City, to implement the provisions of this Ordinance and the
Annexation Agreement.
SECTION 6.
If any provisions of this Ordinance or Annexation Agreement shall be held or deemed to be
illegal, inoperative or unenforceable, the same shall not affect any other provisions or provisions
of this Ordinance or Annexation Agreement or render the same invalid, inoperative or
unenforceable, except as otherwise expressly provided in the Annexation Agreement.
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Candace Rivera Clerk/Recorder, Pueblo County, Co
SECTION 7. 1111Ki krill tf rildiliiquilmark ivicis 1I II
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 8.
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, 2026.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on March 10, 2025.
Final adoption of Ordinance by City Council on March 24, 2025. ,—DocuSigned by:
AttlA guff
— A4t I SAC40L
President of City Oouncil
Action by the Mayor:
® Approved on 3/25/2025 1 4:55 PM MDT
❑ Disapproved on based on the following objections:
9,,oad by.
3 n893Su67oCAre2...
Mayor
Action by City Council After Disapproval by the Mayor:
❑ Council did not act to override the Mayor's veto.
❑ Ordinance re-adopted on a vote of , on
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST (-Coo. oolusigned by: . � 01
City Clerk `-7CO2EBDFFC3D43C ,\ �/`�,
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City Clerk's Office Item # S3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: March 24, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Scott Hobson, Acting Director Planning and Community Development
SUBJECT: AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY
KNOWN AS THE THIRD ADDITION TO VILLA BELLA ANNEXATION TO
THE CITY OF PUEBLO DESCRIBED AS 79.637-ACRES OF LAND
LOCATED NORTHEAST OF THE INTERSECTION OF TROY AVENUE
AND RAWLINGS BOULEVARD AND ADJACENT TO THE WALKING
STICK VISTA DEVELOPMENT
SUMMARY:
The petitioners Caleb Development, LLC and Lorson North Land Corporation, are
requesting to annex the property containing 79.637-acres into the City of Pueblo
commonly known as the Villa Bella Third Addition Annexation to the City of Pueblo.
PREVIOUS COUNCIL ACTION:
On October 28, 2024 City Council approved a Resolution No. 15805 preliminarily
determining that the petition for annexation of the area commonly known as the Villa
Bella Third Addition Annexation is valid under the provisions of Colorado Revised
Statutes Section 31-12-107(1).
On February 24, 2025 City Council approved a Resolution No. 15919 extending the
timeframe for the review of the annexation petitions for Villa Bella Third Addition
Annexation for an additional 180 days.
BACKGROUND:
The 79.637-acre Villa Bella Third Addition Annexation is located to the northeast of the
intersection of Troy Avenue and Rawlings Boulevard and adjacent to the Walking Stick
Vista development. The petitioners intend to develop the proposed annexation area in
tandem with the nearby City-zoned area as part of the growing Villa Bella suburban
neighborhood. There are two concurrent annexation requests for other Villa Bella
additions, but the Petitioners were required to process them separately as the three
addition areas are not contingent with each other.
The property is currently identified within the Suburban Residential future land categories
in the 2022 Pueblo Regional Comprehensive Plan Future Land Map. Suburban
neighborhood developments are defined by large, single-family residential lots with an
overall density between 2 to 5 dwelling units per acre. The applicant is proposing to zone
the property as part of the Residences at Villa Bella PUD. The proposed annexation site
is currently zoned Pueblo County A-1, Agricultural Zone District. The property located
north and south of the proposed annexation area is currently undeveloped within
unincorporated Pueblo County. The property to the south is undeveloped within the City
and part of the Villa Bella PUD. The property to the west is within the City and part of
the Walking Stick PUD. The Petitioners are intending to incorporate this undeveloped
area into their planned PUD development, so infrastructure and roadways will be
integrated into this City-zoned project rather than leaving a County-zoned gap of land
surrounded by a new suburban development. An impact report required under Colorado
Revised Statutes has been filed with all taxing entities for this annexation petition since
the property is less than 10 acres.
FINANCIAL IMPLICATIONS:
The Petitioner acknowledges and agrees that upon the annexation, the property shall
become subject to the Charter, Ordinances, Resolutions, rules, and regulations of the
City, but that the City shall have no obligation to furnish or extend municipal services,
including but not limited to sanitary sewer services, to the area proposed to be annexed.
BOARD/COMMISSION RECOMMENDATION:
The City Planning and Zoning Commission reviewed the annexation at the December
11, 2024, Regular Meeting. A motion to approve the proposed annexation was made by
Commissioner Bailey and seconded by Commissioner Spinuzzi to recommend approval
of the proposed annexation petition. Motion passed 5-0, Commissioners Pasternak and
Maestri absent.
STAKEHOLDER PROCESS:
An Annexation Impact Report has been filed with the taxing entities in which the property
proposed for annexation in within their boundaries as required by Colorado Revised
Statutes.
ALTERNATIVES:
Upon request of City Council, the Ordinance could be returned to the Planning and
Zoning Commission for consideration of proposed modifications.
City Council could vote to not approve the annexation Ordinance. The applicant could
resubmit an annexation petition in the future subject to the applicable provisions of the
Municipal Annexation Act of 1965 and C.R.S. §31-12-104, 105 and 107(1).
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Annexing-3rd Addition Villa Bella Attachments
ORDINANCE NO. 10922
AN ORDINANCE ANNEXING UNINCORPORATED LAND
COMMONLY KNOWN AS THE THIRD ADDITION TO VILLA
BELLA ANNEXATION TO THE CITY OF PUEBLO DESCRIBED
AS 79.637-ACRES OF LAND LOCATED NORTHEAST OF THE
INTERSECTION OF TROY AVENUE AND RAWLINGS
BOULEVARD AND ADJACENT TO THE WALKING STICK VISTA
DEVELOPMENT
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 Colorado 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:
ANNEXATION:
PARCEL A: ALL OF MANHATTAN PARK, INCLUDING VACATED ALLEYS AND STREETS,
ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR RECORD APRIL 11, 1889
AT RECEPTION NO. 32464; EXCEPT LOTS 41 TO 46, INCLUSIVE, IN BLOCK 7, TOGETHER
WITH THAT PORTION OF 1/2 OF VACATED CATARACT AVENUE ADJOINING SAID LOTS
AND WITH 1/2 OF VACATED HAWTHORNE STREET ADJOINING LOT 46 AND 1/2 OF
VACATED ALLEY ADJOINING SAID LOTS BETWEEN VACATED CATARACT AVENUE AND
VACATED MOUNTAIN VIEW AND VACATED HAWTHORN STREET AND VACATED WALNUT
STREET AND EXCEPT ANY PORTION THEREOF LYING WITHIN COUNTY ROAD 3502 AS
SHOWN ON THE PUEBLO COUNTY ASSESSOR'S MAP CROSSING THE SUBJECT
PROPERTY,COUNTY OF PUEBLO, STATE OF COLORADO.
CONTAINING A NET AREA OF 79.637 ACRES.
LEGAL DESCRIPTION PROPOSED CITY LIMIT
BEGINNING AT THE QUARTER CORNER COMMON TO SECTIONS 8 AND 9, T20S, R64W
OF THE SIXTH P.M. SAID POINT BEING THE POINT OF BEGINNING (POB).
THENCE N88°16'59"E A DISTANCE OF 1312.80 FEET TO THE W 1/16TH CORNER OF
SECTION 9;
THENCE S00°12'48"W A DISTANCE OF 2642.09 FEET TO THE W 1/16TH CORNER COMMON
TO SECTIONS 9 AND 16, T20S, R64W, OF THE SIXTH P.M. AND THE POINT OF TERMINUS
(POT).
CERTIFICATION OF PERIMETER:
AT LEAST ONE-SIXTH OF THE BOUNDARY OF THE LAND DESCRIBED IN THE
ANNEXATION ABOVE IS NOW EXISTING CITY LIMITS LINE. THE COMPLETE ANNEXATION
IS WITHIN 3 MILES OF THE PRESENT CITY LIMITS.
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; and,
(b) File for recording three certified copies of this Ordinance and annexation map with the Pueblo
County Clerk and Recorder; and,
(c) File one certified copy of the annexation map and this Ordinance with the Southeastern
Colorado Water Conservancy District.
SECTION 5.
The officers of the City are hereby authorized to take all other actions necessary or
appropriate, on behalf of the City, to implement the provisions of this Ordinance and the
Annexation Agreement.
SECTION 6.
If any provisions of this Ordinance or Annexation Agreement shall be held or deemed to be
illegal, inoperative or unenforceable, the same shall not affect any other provisions or provisions
of this Ordinance or Annexation Agreement or render the same invalid, inoperative or
unenforceable, except as otherwise expressly provided in the Annexation Agreement.
SECTION 7.
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 8.
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, 2026.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on March 10, 2025.
Final adoption of Ordinance by City Council on March 24, 2025.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
Disapproved on ______________ based on the following objections:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____________________________
Mayor
Action by City Council After Disapproval by the Mayor:
Council did not act to override the Mayor's veto.
Ordinance re-adopted on a vote of ____________, on _____________
____________________________
President of City Council
ATTEST
________________________________
City Clerk
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Candace Rivera ClerkfRecorder Pueblo County, Co
1111 .r1411il'r,1LI li.' '4L1d+1hl'dll ir'h'06I+S+}114 111111
ANNEXATION AGREEMENT
CASE NO. A-23-06 3an ADDITION VILLA BELLA ANNEXATION
This Annexation Agreement is made effective as of 2025, by and between the
City of Pueblo, a Colorado Municipal Corporation, (the "City"), for the use and benefit of, Caleb
Development, LLC, a Colorado limited liability company, Eagle Development Company, a
Colorado corporation, and Lorson North Land Corporation, a Colorado Corporation (collectively
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 above, and the following covenants and conditions;
the City and Petitioner agree as follows:
I. REPRESENTATION AND WARRANTIES OF PETITIONER
Petitioner represents and warrants to, and covenants with,the City as follows:
(1) Petitioner has good and marketable fee simple title to the Property subject only to Permitted
Encumbrances attached hereto as Exhibit"B" is incorporated herein by reference.
(2) 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.
(3) This Annexation Agreement when executed and delivered, constitutes a valid and legally
binding obligation of the Petitioner enforceable against Petitioner according to its terms. The
document entitled "Special Improvements and Dedications" marked and attached as Exhibit"C"
is incorporated herein by reference. In the event of a conflict between the terms and conditions of
Exhibit C and this Agreement,the terms and conditions contained in Exhibit"C" shall control.
(4) 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.
-1-
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tl
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Candace Rivera Clerk/Recorder, Pueblo County, Co
11111 I rj!'!:1MI 'E 1;1':1I ti114r;M/0ti44141 Y44 111111
(5) 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 and comply with this
Annexation Agreement.
(6) 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.
II. ZONING AND SUBDIVISION
(1) A zoning map amendment application may be filed 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 application 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.
(2) No rights shall exist in Petitioner nor with respect to the Property arising from its preexisting
subdivision or use at the time of annexation. No subdivision of the Property shall be approved prior to the
time the ordinance annexing and zoning the Property is approved on final presentation.
(3) 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 be construed to limit the
power of the City Council to rezone the Property or any part thereof after approval of the initial
zoning of the Property after annexation.
III. PUBLIC FACILITIES
The Petitioner shall dedicate land and rights-of-way for public uses and facilities necessary and
required to serve the Property in accordance with the approved Master Development Plan 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
timely 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.
IV. UTILITIES
The Petitioner shall comply with all applicable City of Pueblo (sanitary and storm sewers), Xcel
Energy (natural gas), the applicable electric utility franchised and holding a Certificate of Public
-2-
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Candace Rivera Clerk/Recorder Pueblo County, Co
11111 kir rra IIVION:Iffi i+:Ri IPAIr 1114, 11111
Convenience and Necessity for electric service within the annexed area, Comcast of Colorado IV,
LLC (cablevision), Pueblo Board of Water Works (water), and authorized ILEC and CLEC
(telephone/data transmission) 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 fewer 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 installed underground.
V. COMPLIANCE WITH ORDINANCES
Except as otherwise specifically provided in this Annexation Agreement to the contrary, the
development, subdivision and zoning of the Property shall meet and comply with all applicable
ordinances,resolutions, regulations, and standards of the City now existing or hereinafter enacted
or amended.
VI. BINDING EFFECT
The covenants, restrictions, and agreements herein set forth are covenants running with the
Property, shall run with and bind the Property, and shall extend to and be binding upon the
Petitioner and its legal representatives, successors, assigns and transferees. The Petitioner
expressly accepts and agrees to the covenants, restrictions, and agreements set forth herein by
execution of this Annexation Agreement and by the filing of its petition for annexation. If
Petitioner defaults in any of its obligations under this Annexation Agreement, including, without
limitation,land dedication obligations,City,upon notice given to Petitioner specifying the default,
may withhold all subdivision, special area plan, and other development approvals as well as
building and occupancy permits for any building or structure within the Property until such default
has been corrected to the satisfaction of the City.
VII. AMENDMENTS
Amendments to this Annexation Agreement may only be made through formal petition to and
approval by Ordinance of the City Council after such amendment has been submitted to and
reviewed by all appropriate City Departments and such Departments have submitted their findings
and recommendations to the City Council.
VIII. SEVERABILITY
If any section, clause, or other provision of this Annexation Agreement is for any reason
determined to be invalid or unenforceable by any court of competent jurisdiction, such
determination shall not affect any of the remaining provisions of this Annexation Agreement.
IX. VESTED RIGHTS
As a condition of and in consideration of the City annexing the Property, the Petitioner, for itself
and its successors and assigns waives and releases all previously acquired or existing vested
property rights attached to or established with respect to the Property.
The Petitioner acknowledges and agrees that neither this Annexation Agreement nor any provision
hereof,nor the annexation of the Property to the City,nor the approval of the Master Development
-3-
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" . 2379511 07/18/2025 09:37:11 AM
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Candace Rivera Clerk/Recorder, Pueblo County, Co
11111 1,1F.I L'��.11n'filar iiilk IPNIf M.Ir041 Mk 114 11111
Plan,zoning or subdivision,either separately or jointly (a)creates or establishes a vested property
right in or for the benefit of the Petitioner or its successors or assigns, or with respect to the
Property; or (b) constitutes a site-specific development plan. The terms "vested property right"
and"site-specific development plan" shall have the same meaning as set forth in Section 17-12-2
of the Pueblo Municipal Code and §24-68-101, et seq., C.R.S.
X. BUILDING PERMITSi
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 and zone district, which corresponds to the land use
category designated by the City's Comprehensive Plan, after adoption of the ordinance annexing
the Property which meets and complies with this Annexation Agreement and City's ordinances,
standards, and regulations.
XI. DISCONNECTION
'.5
(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, "r
upon reasonable 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.
XII. 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.
XIII. SPECIAL IMPROVEMENTS AND DEDICATIONS
In addition to the on-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 any fees described in Exhibit"C"attached hereto and incorporated
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Candace Rivera Clerk/Recorder, Pueblo County, Co
III 14!�1 ��WOt 1411 L1i'+lu.t1k' r 4 01111iYiiii III III
herein. The improvements, dedication, and 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.
XIV. 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: Mayor, City of Pueblo
1 City Hall Place, Pueblo, CO 81003
(b) copy to: City Attorney
1 City Hall Place, Pueblo, CO 81003
(c) if to the Petitioner: Jeff Mark, Authorized Signing Agent
Caleb Development, LLC, a Colorado limited liability company
212 N. Wahsatch Avenue, Ste 301,
Colorado Springs, CO 80903
Jeff Mark, Vice President
Eagle Development Company
212 N. Wahsatch Avenue, Ste 301,
Colorado Springs, CO 80903-3476
Jeff Mark, Vice President
Lorson North Land Corporation, a Colorado Corporation
212 N. Wahsatch Avenue, Ste 301,
Colorado Springs, CO 80903
(d) copies to: Vern Taylor
M&S Civil Consultants, Inc
212 N. Wahsatch Ave, Suite 305
Colorado Springs, CO 80903
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.
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Candace Rivera Clerk/Recorder, Pueblo County, Co
1111 r1l QMO 100/1.101105 r101iFili. 44 11111
(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 fE
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.
(6) Liability of City. This Agreement is not as and shall not be interpreted as a waiver of the
rights and protections given to the City by the Colorado Governmental Immunity Act, C.R.S. 24-
10-101, et seq. In addition, in no event shall City, its officers, agents or employees be liable to
Petitioner for damages, including without limitation, compensatory, punitive, indirect, special or
consequential damages, resulting from or arising out of or related to this Agreement or the
performance or breach thereof by City or the failure or delay of City in the performance of any
covenant or provision under this Agreement on its part to be performed. In consideration of City
entering into this Agreement,Petitioner hereby waives and discharges City,its officers,agents and
employees from all claims for any and all such damages. No breach, default, delay or failure of
City under this Agreement shall be or be construed to be a waiver, discharge or release of
Petitioner's obligations under this Agreement. In the event of a breach of this Agreement by the
City, Petitioner's sole and exclusive remedy shall be to bring an equitable action for specific
performance in the District Court of Pueblo County, Colorado. Such violations may be restrained,
or such obligations enforced by injunction at the instance and request of Petitioner without the
showing of any special damages or an inadequate remedy at law.
Executed at Pueblo, Colorado as of the day and year first above written.
L`.
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Candace Riveral Clerk/Recorder I . Pueblo County, Co CITY OF PUEBLO, COLORADO
'1� 4�� N'������'kl� Ij1T���hI �� 1�II a Colorado Municipal Corporation
[ SEAL ]
By
Heather Gra , Mayor
Attest:
Ci lerk
APP VED AS TO FO •
City Attorney
STATE OF C010 -A-k )
COUNTY OF`i A.e5 (p ) ss
1 cL
The foregoing instrument was acknowledged before me this�. day of r.4 ( , 2025, by
Heather Graham as Mayor of the City of Pueblo and Marisa Stoller as City Clerk of Pueblo, a
Colorado Municipal Corporation.
Witness my hand and official seal.
My commission expires: OSS/O9/. c .7
[ SEAL ] 3.-TAJL\J-A—Pt
Notary Public
tit(42)
CLYDE WILLIAM BISHOP
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20234030444
MY COMMISSION EXPIRES 08/0912027
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Candace Rivera Clerk/Recorder, Pueblo County, Co
11111 14 PAIIIIOICHkJCialt hill0:I'l11w1Likh 11111
PETITIONERS:
Caleb Development, LLC, a Colorado
limited liability company
Jeff Mark, Authorized Signing Agent
Eagle Development Company, a Colorado
corporation
Jeff Mark, Vice President
Lorson North Land Corporation, a Colorado
Corporation
Jef Mark, Vice President
STATE OF C.)61.(Y i-O )
I ) ss
COUNTY OF *l ? )
The foregoing instrument was acknowledged before me this day ofrl L , 2025,
by Jeff Mark, Authorized Signing Agent, Caleb Development, LLC, a Colorado limited liability
company.
Witness my hand and official seal.
My commission expires:C) \ 2O2 i
[ SEAL ] ChrrFmuCHASITY NICOLE MCMORROW otary Public
Notary Public
State of Colorado
Notary ID 1f 20214001211
My Commission Expires 01-12-2029
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Candace Rivera Clerk/Recorder, Pueblo County, Co
uIII KIIIII IFIM :Lil i:iliMA ' 'ri'i lMi lii d 11 II I
STATE OF 0-.14\orc-610 )
t ) ss
�j V.COUNTY OF "Li V ) 1
The foregoing instrument was acknowledged before me this day of etpr 1 ` , 2025,
by Jeff Mark, Vice President of Eagle Development Company.
Witness my hand and official seal.
My commission expires:t t\ \2b-9
[ SEAL ] CHASITY NICOLE MCMORROW Ch CMN' 0Notary Public fv��•
State of Colorado 0 Notary Public
Notary ID 0 20214001 21 1
My Commission Expires 01-12-2029
STATE OFCitAbf 0,61) )
) ss
COUNTY OF L 1Qb )
The foregoing instrument was acknowledged before me this day of'etVrt , 2025,by
Jeff Mark, Vice President of Lorson North Land Corporation, a Colorado Corporation.
Witness my hand and official seal.
My commission expires:01\0.12.0-9
[ SEAL ] nrrni
' ,� )
� t VUJ���---///
CHASITY NICOLE MCMORROW Notary Public
Notary Public
State of Colorado
Notary ID i 20214001211
My Commission Expires 01-12-2029
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Candace Rivera Clerk/Recorder,apsinio7rai,
Exhibit A
AREA TO BE ANNEXED
A parcel of land located in ALL OF MANHATTAN PARK, INCLUDING VACATED
ALLEYS AND STREETS,ACCORDING TO THE RECORDED PLAT THEREOF, FILED
FOR RECORD APRIL 11, 1889 AT RECEPTION NO. 32464; EXCEPT LOTS 41 TO 46,
INCLUSIVE, IN BLOCK 7, TOGETHER WITH THAT PORTION OF 1/2 OF VACATED
CATARACT AVENUE ADJOINING SAID LOTS AND WITH 1/2 OF VACATED
HAWTHORNE STREET ADJOINING LOT 46 AND 1/2 OF VACATED ALLEY
ADJOINING SAID LOTS BETWEEN VACATED CATARACT AVENUE AND VACATED
MOUNTAIN VIEW AND VACATED HAWTHORN STREET AND VACATED WALNUT
STREET AND EXCEPT ANY PORTION THEREOF LYING WITHIN COUNTY ROAD 3502
AS SHOWN ON THE PUEBLO COUNTY ASSESSOR'S MAP CROSSING THE SUBJECT
PROPERTY,COUNTY OF PUEBLO, STATE OF COLORADO.
CONTAINING A NET AREA OF 79.637 ACRES.
PROPOSED NEW CITY LIMITS LINE:
BEGINNING AT THE QUARTER CORNER COMMON TO SECTIONS 8 AND 9, T20S,
R64W OF THE SIXTH P.M. SAID POINT BEING THE POINT OF BEGINNING(POB).
THENCE N88°16'59"E A DISTANCE OF 1312.80 FEET TO THE W 1/16TH CORNER OF
SECTION 9;
THENCE S00°12'48"W A DISTANCE OF 2642.09 FEET TO THE W 1/16TH CORNER
COMMON TO SECTIONS 9 AND 16, T20S, R64W, OF THE SIXTH P.M. AND THE POINT
OF TERMINUS (POT).
CERTIFICATION OF PERIMETER:
At least one-sixth of the boundary of the land described in the annexation above is now existing
city limits line. The complete annexation is within 3 miles of present city limits.
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EXHIBIT B
(none)
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Candace Rivera Clerk/Recorder, Pueblo County, Co
1111 I .r1iMis11 41'1411.:IThild:#440111110114, 1I 111
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Candace Rivera Clerk/Recorder, Pueblo County, Co
IIIII l rj 11111W KUM API la+rt411111
EXHIBIT C
SPECIAL IMPROVEMENTS AND DEDICATIONS
VILLA BELLA NORTH FIRST ADDITION ANNEXATION (A-23-04)
ANNEXATION AGREEMENT
1. Off-Site 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. Access to Property
The primary accesses to the Property, shown on the attached Exhibit C-1, will be from
Troy Ave, and a future roadway connecting from Walkingstick Boulevard. Troy Avenue is
classified as a Principal Arterial roadway with a one-hundred twenty(120')foot right-of-way. The
classification of the future roadway will be determined by a traffic study completed, at the sole
expense of the Petition,by a licensed traffic engineer within the state of Colorado.The traffic study
shall be approved by the Director of Public Works. The alignments of the roadways shall comply
with the General Provisions for Roadway Classification Design Standards (November 2004) and
Policies and the City's Standard Construction and Standard Details (Revised: March 28, 2005)or
as same may be hereafter amended and in accordance with construction plans, all which shall be
approved by the Director of Public Works. If not previously done, the Petitioner, at its sole cost,
shall dedicate by recorded plat or convey by general warranty deed the necessary right-of-way in
an alignment that is acceptable to the Director of Public Works.
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Candace Rivera Clerk/Recorder, Pueblo County, Co
3. Secondary Access to the Property 11111��''i N' ��',����'a�' �I� III:a Rio '=la'ill
The Petitioner, in accordance with the International Fire Code, shall provide secondary
access to the Property. The alignment, design, construction, and installation of the secondary
access shall be approved by the Director of Public Works.
Petitioner may be eligible for Cost Recovery from adjoining property owners for secondary
access constructed outside the Property as provided in Section 12-4-12 of the Pueblo Municipal
Code. City may refuse to approve any subsequent subdivision or issue building permits until such
secondary access is provided.
4. Sanitary Sewer
Prior to, or at the time of subdivision, Petitioner is responsible for completing a flow
analysis report for the proposed sanitary sewer system and City's existing sanitary sewer system.
The flow analysis report shall identify the location(s) of the connection(s) for the proposed
subdivision to the existing sanitary sewer system. Based upon the flow analysis of both the
proposed and the City's existing sanitary sewer system; if any portion of City's existing sanitary
sewer, that would carry wastewater flows from Property is at capacity, Petitioner shall construct
and install, at Petitioner's sole expense, additional sewer lines, mains, pump stations, and/or
upgrades to pump stations in order to provide sanitary sewer service to the Property. The size,
location and capacity of such sewer lines, mains, and pump stations will be determined by the
Director of Wastewater, based upon the Sanitary Sewer Design Criteria and Policies for the City
of Pueblo published February 22, 2010 or as same may be hereafter amended. Such additional
sewer lines, mains, pump stations shall be installed as part of the public improvements required
for subdivisions within the Property as determined by the Director of Wastewater. In order to
comply with the City of Pueblo's Discharger Specific Variance from the Colorado Water Quality
Commission, all manholes shall be epoxy coated to eliminate the infiltration of ground water into
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Candace Rivera Clerk/Recorder, Pueblo County Co
sanitary sewer lines. 1111 1 'Pt j rI.r1111=VA Ard 1,CA NM II I
Depending upon the point of connection to the sanitary sewer system and additional
capacity resulting from the construction of the sewer mains, the Petitioner may incur and have to
pay and/or a portion of the cost of the sewer main extension or improvements to the existing
sanitary sewer system. In order to be eligible for cost recovery, Petitioner must comply with and
meet the requirements and conditions of said section 16-5-5.
If not already dedicated to the public or conveyed to the City, it will be the Petitioner's
responsibility,at its sole cost,to acquire,dedicate and grant to the public sanitary sewer easements,
in a widths and alignments according to the approved Sanitary Sewer Master Plan, and secure any
permits that may be required by Pueblo County for the installation of the sanitary sewer lines
outside of the city limits of Pueblo.
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 dedicate to the public or deed to the City,by recorded
plat or warranty deed any off-site sanitary sewer rights-of-way to connect from a point on the
City's existing sanitary sewer system or off-site roadway rights-of-way to comply with primary
roadway and secondary access requirements in widths and alignments acceptable to the Director
of Public Works and any required rights-of-way for stormwater flow and/or detention/retention
facilities.
If Petitioner, after good faith efforts, is not able to acquire from the property owners off-
site sanitary sewer, off-site roadway rights-of-way and/or stormwater 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 the off-site sanitary sewer and/or off-site roadway rights-of-way or Petitioner
may utilize its metropolitan district's power of eminent domain. Petitioner shall be responsible
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Candace Rivera Clerk/Recorder, Pueblo County, Co
11111 RIFJ111111,A1iNk D.11,11,1Lh11t41GU211411 it1
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 fails to exercise good
faith in acquiring the off-site sanitary sewer, or off-site roadway rights-of-way and/or off-site
stormwater 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.
6. Stormwater
All stormwater flows from subdivisions within the Property must be detained as
determined by the Director of Stormwater. All stormwater releases shall meet NPDES stormwater
quality requirements. The Petitioner shall acquire and dedicate at its sole expense all easements
for such purposes. The Petitioner also shall construct and install at its sole expense a stormwater
drainage system(s) and detention facility(ies) in compliance with the City's Drainage Criteria
Manual (April, 2023)) and the City's Standard Construction Specifications and Standard Details
(April 11, 2022) or as same may be later amended and as shown on construction plans approved
by the Director of Stormwater.
To the maximum extent practicable as determined by the Director of Stormwater,Petitioner
must reduce the peak flows and run-off volumes from the Property through stormwater detention
facilities to levels that existed before the Property was developed, or to levels that are capable of
being handled by the downstream drainage facilities, whichever is less.
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Candace Rivera Clerk/Recorder, Pueblo County, Co
III II
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 Stormwater.
7. Public Safety Fee
To fund the cost and expenses of providing funding for public safety for the police and
fire departments related to the developing the Property, Petitioner and any subsequent owner of
all or any part of the Property shall, as a condition of approval of the annexation, and as a
condition of issuing a building permit for the construction within the Property, pay a Public
Safety Fee calculated by the square foot of floor space for each existing building and new
building to be constructed on the Property ("Fee") based on the following fee schedule:
Residential Building Permits 55.3 cents per square foot of floor space
Commercial Building Permits 15.9 cents per square foot of floor space
Industrial Building Permits 1.5 cent per square foot of floor space
The Fee for existing buildings shall be paid to the City within ten days after the
annexation ordinance is approved by City Council. The Fee for any new building construction
shall be paid to the City when a building permit is issued for each new building. The Fee shall
be deposited by the City in an interest-bearing escrow account identified as the "Public Safety
Account." Funds deposited into the Public Safety Account shall be used solely to pay for the
cost of operation, administration, maintenance, repair, improvement, renewal, replacement and
construction of new public safety areas of the city and related costs.
An annual cumulative rate adjustment will be made based on the Consumer Price Index
(CPI-U) for the Denver, Colorado MSA for the period of time between approval of the
annexation and development. The adjustment shall be the percent change in the CPI for the
calendar year ending December 31 st of each year.
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Candace Rivera Clerk/Recorder, Pueblo County, Co
lillirdn1/4111AillifilillikRill1411Mill kilCI Cl1tririayi, 11 II1
" Vi lla �Bella North 3rd Addition Annexation
Roadway Alignments
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