HomeMy WebLinkAbout10275RESOLUTION NO. 10275 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 SOUTH VILLAGE AT PUEBLO AND DESCRIBED AS APPROXIMATELY 25.98 ACRES NORTH OF THE INTERSECTION OF BANDERA PARKWAY AND COLORADO STATE HIGHWAY 78 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 located within the Northwest one - quarter of Section 16, Township 21 South, Range 65 West of the 6 th Principal Meridian being further described as follows: Beginning at the Northwest corner of said Section 16, thence S 00 53" E, along the West line of said Northwest one - quarter of Section 16, a distance of 80.02 feet to the Southerly Right -of -way line of Sienna Drive (formerly Jones Avenue); Thence S 89 E a distance of 2.00 feet to the True Point of Beginning; Thence along said Southerly Right -of -Way line (Existing City Limits Line) as deeded to the City of Pueblo at Reception No. 1554502, Pueblo County records, the following five courses: 1. Thence S 89 25" E a distance of 19.71 feet to the beginning of a tangent curve to the left whose center bears N 00 20' 35" E, said curve having a radius of 540.00 feet; 2. Thence along said curve through a central angle of 14 09'55", a distance of 133.50 feet; 3. Thence N 76 10' 40" E a distance of 100.00 feet to the beginning of a tangent curve to the right whose center bears S 13 49' 20" E, said curve having a radius of 460.00 feet; 4. Thence along said curve through a central angle of 13 46'34", a distance of 110.60 feet; 5. Thence N 89 57' 14" E a distance of 691.44 feet; Thence S 42 14' 18" W, departing said Southerly Right -of -Way line, a distance of 388.62 feet, more or less, to a point on the Southwesterly line of the Arkansas Valley Conduit, to the beginning of a non - tangent curve to the left whose center bears N 62 30' 33" E, said curve having a radius of 502.50 feet; Thence along said curve through a central angle of 48 00' 55 ", a distance of 421.11 feet; Thence S 52 37'48" W, departing said Southwesterly line of the Arkansas Valley Conduit, a distance of 147.65 feet (New City Limits Line); Thence S 37 19'24" E, to a point on the Northerly Right -of -way line of Colorado State Highway No. 78 (New City Limits Line) a distance of 290.43 feet, more or less; Thence S 52 29' 52" W, along said Northerly Right -of -way line (Existing City Limits Line), a distance of 839.18 feet to a point on the Northeasterly Right -of -way line of Bandera Parkway as deeded to the City of Pueblo at Reception No. 1554502, Pueblo County records, the following four courses: 1. Thence N 37 30' 03" E a distance of 71.15 feet to the beginning of a tangent curve to the left whose center bears S 52 29'57" W, said curve having a radius of 552.00 feet; 2. Thence along said curve through a central angle of 21 19'22", a distance of 205.43 feet; 3. Thence N 58 49'25" W a distance of 101.97 feet to the beginning of a tangent curve to the right whose center bears N 31 10' 35" E, said curve having a radius of 448.00 feet; 4. Thence along said curve through a central angle of 58 44'32", a distance of 459.31 feet; Thence N 00 04'53" W, parallel with the West line of said Section 16, a distance of 692.31 feet to the True Point of Beginning Said Parcel contains 25.98 acres, more or less. 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 27, 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 November 22. 2004 BY Michael Occhiato Councilperson 1060. 'L 10 a - 7 5 OWLS, k)l I ... .► Background Paper for Proposed RESOLUTION AGENDA ITEM # 1!5 DATE: NOVEMBER 22, 2004 DEPARTMENT: COMMUNITY DEVELOPMENTMIM MUNCH PLANNING DEPARTMENT /JIM 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 SOUTH VILLAGE AT PUEBLO AND DESCRIBED AS APPROXIMATELY 25.98 ACRES NORTH OF THE INTERSECTION OF BANDERA PARKWAY AND COLORADO STATE HIGHWAY 78 ISSUE Shall the City Council approve and adopt findings and determination concerning the proposed annexation? The Planning and Zoning Commission, at their November 10, 2004 Regular Meeting, voted 5-0 to recommend approval. BACKGROUND The South Village at Pueblo submitted by South Village at Pueblo LLC comprises 25.98 acres located north of the intersection of Bandera Parkway and Colorado State Highway 78. 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 27, 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 December 27, 2004 for a public hearing. The date for the first presentation of the Ordinance For Annexation is scheduled for December 13, 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.