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HomeMy WebLinkAbout10130RESOLUTION NO. 10130 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES SECTION 31 -12 -107 (1) OF THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS WATKINS ANNEXATION AND DESCRIBED AS APPROXIMATELY 0.05 ACRES SOUTH OF BESSEMER DITCH, NORTH OF THATCHER (STATE HIGHWAY 96) 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, 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): A parcel of land being a portion of the S 1/2 of Section 33, Township 20 South, Range 65 West of the Sixth Principal Meridian being more particularly described as follows: A portion of the S 1/2 of an unnamed vacated roadway described in that resolution filed for record June 5, 1951 in Book 1157 at Page 43 and at Reception No. 891171 in the records of the Pueblo County Clerk and Recorder being north of that parcel described in that document filed for record August 15, 1985 in Book 2253 at Page 113 at Reception No. 779623 in the records of the Pueblo County Clerk and Recorder which reads as follows: Tract "C" in the S 1/2 of Section 33, T. 20 S. R. 65 W., more particularly described as follows: BEGINNING at the Southwest corner of Section 33, Township 20 South, Range 65 West of the 6th P.M.; thence East, along the South line of Section 33, a distance of 1,071.63 feet; thence North, a distance of 23 feet to the southwesterly corner of Tract 23, said corner being the POINT OF BEGINNING of the herewithin described tract: (1) Thence North along the west line of tract 23, a distance of 397.94 feet to the Northwesterly corner of said Tract 23; (2) Thence N. 61 E., along the Northerly boundary of said tract 23, a distance of 220.23 feet; (3) Thence South, a distance of 503.5 feet to a point on the South line of said Tract 23; (4) Thence West, along the south line of the said Tract 23, a distance of 193.20 feet, more or less, to the POINT OF BEGINNING; and one -half of the vacated street adjoining said property on the North side as vacated in Book 1157, Page 43, Instrument No. 891171. Excepting herefrom a parcel of land described as follows: A parcel of land, situated in the S 1/2 of the SW 1/2 of Section 33, TWP 20 South, Range 65 West of the 6th P.M. and more particularly described as follows: Commencing at the Southwest corner of the said Section 33; thence East along the South line of said Section 33 a distance of 1173.91 feet; thence North a distance of 23.0 feet to the POINT OF BEGINNING of the herein described parcel of land, said POINT OF BEGINNING being on the South line of Tract 23 and 102.28 feet East of the Southwest corner of said Tract 23 of the Colorado Fuel and Iron Company Plat of Tract 1 to 30 in the S 1/2 of Section 33, TWP 20 South, Range 65 West of the 6th P.M. (West of City Park); thence continuing North a distance of 453.80 feet; thence N 61 E. distance of 103.70 feet; thence South a distance of 503.50 feet; thence West a distance of 91.01 feet to the POINT OF BEGINNING of the herein described parcel of land; 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 C.R.S. §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, June 28, 2004, commencing at 7:00 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 May 24, 2004 BY Michael Occhiato /&0, # /o/ 30 IMIII�IM I S O A R Background Paper for Proposed RESOLUTION AGENDA ITEM # I of DATE: MAY 24, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /CATHY GREEN TITLE A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES SECTION 31 -12 -107 (1) OF THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS WATKINS ANNEXATION AND DESCRIBED AS APPROXIMATELY 0.05 ACRES SOUTH OF BESSEMER DITCH, NORTH OF THATCHER AVENUE (STATE HIGHWAY 96) T*- * Shall the City Council approve and adopt findings and determination concerning the proposed annexation? RECOMMENDATION The Planning and Zoning Commission recommends approval of the annexation by a 7 -0 vote. BACKGROUND The Watkins Annexation submitted by Winston Watkins comprises approximately 0.05 acres south of Bessemer Ditch, North of Thatcher Avenue (State Highway 96). This Resolution determines that the Petition for Annexation is found and determined to be in substantial compliance with the provisions of the Colorado Revised Statutes 31 -12- 107(1). A public hearing is scheduled for June 28, 2004 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. It also directs the City Clerk to publish notice of public hearing once a week for four successive weeks in the Pueblo Chieftain. By approving the attached resolution City Council finds the annexation petition is in substantial compliance with state annexation statutes and sets the date of June 28, 2004 for a public hearing. The date for the first presentation of the Ordinance For Annexation is scheduled for June 14, 2004. FINANCIAL IMPACT The Petitioner acknowledges and agrees that upon the annexation of the area proposed to be annexed, the area 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. The City of Pueblo will provide 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.