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HomeMy WebLinkAbout8837RESOLUTION NO. 8837 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES SECTION 31 -12- 107 (1) OF THE PETITION FOR ANNEXATION OF THE AREA COMMONLY KNOWN AND DESCRIBED AS THE SOUTH END OF THE ARKANSAS VALLEY CONDUIT, WEST OF BURNT MILL ROAD WHEREAS, a Petition For Annexation of the area described in Section 1 hereof has been filed with the City Clerk, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The Petition For Annexation of the following described area situated in Pueblo County, Colorado, is hereby found and determined to be in substantial compliance with the provisions of C.R.S. §31 -12 -107 (1): All that portion of the Arkansas Valley Conduit in the SE 1/4 of Section 21, Township 21 South, Range 65 West of the 6th P.M., County of Pueblo, State of Colorado. SECTION 2. A public hearing to determine if the area proposed to be annexed meets the applicable requirements of C.R.S. §31 -12 -104 and §31 -12 -105 to establish eligibility for annexation under the Municipal Annexation Act of 1965 shall be held before the City Council in Council Chambers, Second Floor, City Hall, One City Hall Place, Pueblo, Colorado, on Monday, December 27, 1999, commencing at 7:30 p.m. or as soon thereafter as City Council business allows. The City Clerk shall publish notice of the public hearing once a week for four successive weeks in the Pueblo Chieftain. The first publication of such notice shall be at least thirty (30) days prior to the date of the hearing. A copy of the published notice, together with a copy of the Petition for Annexation, shall be sent by registered mail by the City Clerk to the Board of County Commissioners and the County Attorney of Pueblo County and to any school district or special district having territory within the area to be annexed at least twenty five days prior to the date of the hearing. INTRODUCED November 8 ' 1999 By Rob t Schillin u cilperson ,gyp / / APPROVED N 1-k1 U v�' l of the Council ATTEST: City Clerk 10/29/99 CITY OF PUEBLO ANNE {ATION INFORMATION SF,EET Attached is a blan:< Petition For Annexatior, to be complete- and filed with the City Clerk of the City of Pueblo together with an original and sixteen (16) prints of an annexation map and satisfactory evidence of the names and addresses of all the owners of land within the area proposed to be annexed. All petitioners must sign the Petition For Annexation within 180 days before the date of filing with the Citv Clerk. Prior to filing with the City Clerk all documents must be reviewed by the City's Director of Zoning. TO BE COMPLETED BY PETITIONERS Name of A n n e x a t i o n : Arkansas Valley Conduit Annexation Brief Descriotion Of The Area Pr000sed To Be Annexed: All that portion of the A rkansas Valley Conduit in the SE 1/4 of Section 21, Township 21 South, Ran ge 65 West of the 6th P_M_ Location And Size In Acres: Section 21 Township 21 Range 65 West of the 6th P.M. , County of Pueblo,. `C4`Yoado; 5.38 acres. 100% of Owners x 4 �Y • Less than 100 of Owners School District No. 60 ; Special Districts: Im,Dact Report: If the area proposed to be annexed is r^ ,tha acres in size, a draft of an impact report meeting the p n sions q� C . R. S . s31 -12 -108.5 is required to be prepared b Petit - an• submitted to the C ty's Director of the Department of P1anri�in Development on the same date the Petition For Annexation is filed with the City Clerk. Annexatio _greement: The City may_ require the Petitioners to enter into an Annexation Agreement prior to the effective date of the annex- ation. Such Agreement shall constitute conditions of annexation as effectively as if set forth in the Petition For Annexation. For Office Use Only: Date Reviewed by Director of Zoning Date Petition Filed _ Resolution Finding Sub Date of Public Hearing Filing stantial Compliance Published: , Copy of published Notice tered 'Mail on sioners, Pueblo County special district: Uoon receiot of this Annexation Information Sheet, Petition For Annex ation, 16 prints of the annexation map, and evidence of ownership, the Citv Clerk will forward copies of the Annexation Information Sheet and Petition For Annexation together with the evidence of ownership and 12 prints of the annexation map to the Director of Zoning and refer the Petition For Annexation to the Citv Council as a communication. Fee S adopted _ Notice of Public and and Petition For Annexation sent by to Pueblo County Board of County Attorney, School District No. Hearing Regis - Commis and Paid CITY OF PUEBLO PETITION FOR ANNEXATION TO THE CITY COUNCIL OF PUEBLO, COLORADO: Pursuant to the Municipal Annexation Act of 1965 and C.R.S. 531 -12- 107(1) the undersigned landowners within the area proposed for annexation hereby petition the City Council of the City of Pueblo for annexation to the City of Pueblo (herein "City ") of the following described unincorporated area located in the County of Pueblo, State of Colorado: All that portion of the Arkansas Valley Conduit in the SE 1/4 of Section 21, Township 21 South, Range 65 West of the 6th P.M. County of Pueblo, State of Colorado. As grounds for this annexation, petitioners state: 1. It is desirable and necessary that the area herein de- scribed be annexed to the City. 2. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with existing boundaries of the City. 3. This petition for annexation has been signed by persons comprising more than fifty percent (50 %) of the land- owners in the area proposed to be annexed and owning more than fifty percent (50 %) of the area, excluding public streets, alleys, and any land owned by the City. 4. A community of interest exists between the area proposed to be annexed and the City. 5. The area proposed to be annexed is urban or will be urbanized in the near future. 6. The area proposed to be annexed is integrated with or is capable of being integrated with the City. 7. No land held in identical ownership, whether consisting. c one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (a) is divided into separate parts or parcels without the written consent of the landowners thereof, unless such tracts or parcels are separated by a dedicated street, road, or other public way; or, (b) comprises twenty (20) acres or more and which, together with the buildings and improvements situated thereon has an assessed value in excess of $200,000.00 for ad valorem tax purposes for the year preceding the annexation, is included within the territory proposed to be annexed without the written consent of the landowner or landowners. 8. The mailing address of each signer, the legal descrip- tion of the land owned by each landowner and the date of signing of each signature are shown on this petition. M 10. 11. 12. Attached to this petition is the affidavit of the circu- lator of this petition that each signature hereon is the signature of the person whose name it purports to be._ Accompanying this petition are an original and sixteen (16) prints of an annexation map containing the follow- ing information: (a) A written legal description of the boundaries of the area proposed to be annexed; (b) A map showing the boundary of the area proposed to be annexed. (Such map shall be prepared by and contain the seal of a Colorado registered engineer or land survevor); (c) Within the annexation boundary map there is shown the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks. (d) Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City and the area proposed to be annexed with the dimension of such boundary. The area proposed to be annexed is not presently a part of anv incorporated city or town. No part of the area proposed t three miles in any direction boundaries of the City as such o be annexed is more than f rom any point of the was established more than -2- one year before this annexation will take place. 13. As conditions of and in consideration of the City annex- ing the area proposed to be annexed, Petitioners, for themselves and their heirs, personal representatives, successors and assigns: (a) waive and release all previously acquired or existing vested property rights attached to or established with respect to the area proposed to be annexed and acknowledge and agree that the annexa- tion of the area proposed to be annexed is not a site specific development plan and no vested property right shall attached to or be established with respect to the area proposed to be annexed. (b) acknowledge and agree that upon the annexation of the area proposed to be annexed, the area shall become subject to the Charter, ordinances, resolu- tions, 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. (c) "vested property right" and "site specific develop- ment plan' shall have the same meaning as set forth in Chapter 12 of Title XVII of the 1971 Code of Ordinances of the Citv and Article 60, Title 24, C.R.S. 14. Petitioners consent and agree to the following condi- tions: (a) Petitioners and the City shall enter into an Annexation Agreement prior to the effective date of this annexation. (b) (c) M (e) WHEREFORE, Petitioners request that the Citv Pueblo approve the annexation of the above described City of Pueblo (all Petitioners must sign this Petition days prior to the date of filing with the City Clerk). Council of area to the within 180 -3- Mailing Signatures Address ED RO & A SSOCIATES, INC. 3330 N. Elizabeth Street Pueblo, qO 81008,- Legal Date of Descrietion Signing All that portion of the Arkansas Valley Conduit in the SE 1/4 of Section 'C/a-2 21, T. 215., R.65W. of the 6th P.M. -4- STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) CIRCULATOR'S OATH The undersigned of lawful age being first duly sworn upon oath deposes and states that I circulated the foregoing Petition For Annexation and that each signature therein is the signature of the person whose name it purports to be. Circulator's Signature Subscribed and sworn to before me this '�C day of 19!2� by VA )CS KD �-- My commission expires: '1 lB -2 -"7. . (SEA S �,, T O 7 P �CO a '(11, O �'�- M y Comm. Expires 07/10/2002 N nary Public f2-1 -5-