The URL can be used to link to this page

Home My WebLink About10241RESOLUTION NO. 10241 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 REGENCY CREST WEST ANNEXATION AND DESCRIBED AS APPROXIMATELY 122.7533 ACRES LOCATED NORTH OF RED CREEK SPRINGS ROAD AND EAST OF THE GOODNIGHT ARROYO 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 portion of the West Half (W /2) of Section Four (4), Township Twenty -one (21) South, Range Sixty -five (65) West of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being described as follows: Basis of Bearings: The west line of Regency Crest Subdivision, A Special Area Plan, according to the recorded plat thereof, being monumented on both ends by a No. 6 rebar with a 2 -1/2" aluminum cap marked "M2 Surveying PLS 34587" is assumed to bear North 03 degrees 18 minutes 38 seconds East a distance of 1641.38 feet. COMMENCING at the southeast corner (SE /COR) of the Northeast Quarter of the Southwest Quarter (NE /4 SW /4) of said Section Four (4); THENCE, North 88 degrees 07 minutes 38 seconds West, along the south line of said Northeast Quarter of the Southwest Quarter (NE /4 SW /4), a distance of 160.40 feet to the POINT OF BEGINNING; THENCE, Continuing North 88 degrees 07 minutes 38 seconds West, along said south line, a distance of 1153.23 feet to the southeast corner (SE /COR) of the Northwest Quarter of the Southwest Quarter (NW /4 SW /4) of said Section Four (4); THENCE, North 88 degrees 35 minutes 53 seconds West, along the south line of said Northwest Quarter of the Southwest Quarter (NW /4 SW /4), a distance of 1163.64 feet; THENCE, North 04 degrees 01 minutes 08 seconds East a distance of 610.83 feet; THENCE, North 88 degrees 35 minutes 53 seconds West a distance of 150.00 feet to the west line of the Southwest Quarter (SW /4) of said Section Four (4); THENCE, North 04 degrees 01 minutes 08 seconds East, along said west line, a distance of 779.56 feet to the southwest corner (SW /COR) of the Northwest Quarter (NW /4) of said Section Four (4); THENCE, North 04 degrees 05 minutes 55 seconds East, along the west line of said Northwest Quarter (NW /4), a distance of 433.21 feet; THENCE, South 60 degrees 11 minutes 44 seconds East a distance of 162.85 feet; THENCE, South 84 degrees 38 minutes 44 seconds East a distance of 300.00 feet; THENCE, South 51 degrees 57 minutes 44 seconds East a distance of 169.00 feet; THENCE, South 21 degrees 02 minutes 44 seconds East a distance of 172.00 feet; THENCE, North 07 degrees 28 minutes 16 seconds East a distance of 115.00 feet; THENCE, North 34 degrees 25 minutes 44 seconds West a distance of 213.00 feet; THENCE, North 61 degrees 38 minutes 44 seconds West a distance of 370.00 feet; THENCE, North 03 degrees 50 minutes 16 seconds East a distance of 96.00 feet; THENCE, North 63 degrees 25 minutes 16 seconds East a distance of 233.00 feet; THENCE, North 15 degrees 12 minutes 16 seconds East a distance of 185.00 feet; THENCE, North 26 degrees 57 minutes 44 seconds West a distance of 243.00 feet; THENCE, North 06 degrees 01 minutes 16 seconds East a distance of 144.65 feet to the north line of the Southwest Quarter of the Northwest Quarter (SW /4 NW /4) of said Section Four (4); THENCE, South 88 degrees 12 minutes 59 seconds East, along said north line, a distance of 1372.58 feet to the northwest corner (NW /COR) of Regency Crest Subdivision, Filing No. 3, A Special Area Plan; THENCE, southerly along the boundary of said Regency Crest Subdivision, Filing No. 3 the following fourteen (14) courses: 1) South 01 degrees 43 minutes 57 seconds West a distance of 100.40 feet; THENCE, 2) South 01 degrees 44 minutes 19 seconds East a distance of 60.52 feet; THENCE, 3) South 01 degrees 43 minutes 57 seconds West a distance of 91.05 feet; THENCE, 4) South 19 degrees 21 minutes 51 seconds West a distance of 97.56 feet; THENCE, 5) South 40 degrees 41 minutes 00 seconds West a distance of 58.41 feet; THENCE, 6) South 38 degrees 16 minutes 06 seconds West a distance of 64.46 feet; THENCE, 7) South 35 degrees 55 minutes 05 seconds West a distance of 55.11 feet; THENCE, 8) South 33 degrees 45 minutes 13 seconds West a distance of 55.05 feet; THENCE, 9) South 45 degrees 51 minutes 53 seconds West a distance of 56.17 feet; THENCE, 10) South 43 degrees 08 minutes 43 seconds West a distance of 46.07 feet; THENCE, 11) South 14 degrees 19 minutes 22 seconds West a distance of 108.34 feet; THENCE, 12) South 07 degrees 36 minutes 53 seconds West a distance of 60.83 feet; THENCE, 13) South 02 degrees 26 minutes 20 seconds West a distance of 184.37 feet; THENCE, 14) South 87 degrees 23 minutes 29 seconds East a distance of 1018.94 feet; THENCE, South 02 degrees 33 minutes 59 seconds West a distance of 111.22 feet; THENCE, South 87 degrees 26 minutes 01 seconds East a distance of 18.51 to the westerly boundary of Regency Crest Subdivision, Filing No. 2, A Special Area Plan; THENCE, South 03 degrees 18 minutes 38 seconds West, along said westerly boundary, a distance of 1541.72 feet to the northerly right -of- way line of Red Creek Springs Road; THENCE, North 88 degrees 07 minutes 38 seconds West, along said northerly right -of -way line, a distance of 56.16 feet; THENCE, South 02 degrees 01 minutes 19 seconds West a distance of 30.00 feet to the POINT OF BEGINNING. Containing a calculated 122.7533 acres. 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, December 13, 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 October 25, 2004 rldna �I Ml Background Paper for Proposed RESOLUTION AGENDA ITEM # 1 DATE: OCTOBER 25, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENTMIM MUNCH 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 REGENCY CREST WEST ANNEXATION AND DESCRIBED AS APPROXIMATELY 122.7533 ACRES LOCATED NORTH OF RED CREEK SPRINGS ROAD AND EAST OF THE GOODNIGHT ARROYO �— ISSUE 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 6-0 vote. BACKGROUND The Regency Crest West Annexation submitted by The Proctor Family Partnership, LLC and Floyd E. Orr, Jr., The Orr Trust, Margaret L. Orr, William R. Ferrier and Jeannine L. Bledsoe comprises 122.7533 acres located North of Red Creek Springs Road and East of the Goodnight Arroyo. 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 December 13, 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. nmrs By approving the attached resolution City Council finds the annexation petition is �— in substantial compliance with state annexation statutes and sets the date of December 13, 2004 for a public hearing. The date for the first presentation of the Ordinance For Annexation is scheduled for November 22, 2004, subject to the Petitioners signing the Annexation Agreement. FINANCIAL IMPACT The Petitioners acknowledge and agree 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. Provided the petitioners comply with the terms, covenants and conditions of the annexation agreement, the City will provide municipal services (but not infrastructure) to the property on the same general terms and conditions as the rest of the City receives. This includes the provision of 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.