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HomeMy WebLinkAbout10276RESOLUTION NO. 10276 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 2 AT PUEBLO AND DESCRIBED AS APPROXIMATELY 3.35 ACRES SOUTHWEST OF BANDERA PARKWAY AND NORTH OF 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 1092.04 feet to the Southerly Right -of- way line of Bandera Parkway as deeded to the City of Pueblo at Reception No. 1554502, Pueblo County records and the True Point of Beginning, thence along the following four courses: Said point is also the beginning of a non - tangent curve to the left whose center bears N 54 31' 39" E, said curve having a radius of 552.00 feet; 5. Thence along said curve through a central angle of 23 21'04", a distance of 224.97 feet (Existing City Limits Line); 6. Thence S 58 49' 25" E a distance of 101.97 feet to the beginning of a tangent curve to the right whose center bears S 31 10'35" W, said curve having a radius of 448.00 feet; 7. Thence along said curve through a central angle of 21 19'22", a distance of 166.72 feet; 8. Thence S 37 30' 03" E, to a point on the Northerly Right -of -way line of Colorado State Highway No. 78, a distance of 71.15 feet, more or less; Thence S 52 29' 52" W, along said Northerly Right -of -way line to a point on the West line of said Northwest one - quarter of Section 16, a distance of 525.46 feet, more or less; Thence N 00 04'53" W, along said West line (Existing City Limits Line), a distance of 691.64 feet to the True Point of Beginning Said Parcel contains 3.35 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 X0 Michael Occhiato Councilperson t r ': �t �J�I P.PSD. 4L (OA a . J 1 Background Paper for Proposed RESOLUTION AGENDA ITEM # 1 (D DATE: NOVEMBER 22, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM 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 2 AT PUEBLO AND DESCRIBED AS APPROXIMATELY 3.35 ACRES SOUTHWEST OF BANDERA PARKWAY AND NORTH OF COLORADO STATE HIGHWAY 78 1209 Shall the City Council approve and adopt findings and determination concerning the proposed annexation? RECOMMENDATION The Planning and Zoning Commission, at their November 10, 2004 Regular Meeting, voted 5-0 to recommend approval. The South Village 2 at Pueblo submitted by South Village at Pueblo LLC comprises 3.35 acres located southwest of Bandera Parkway and north of 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.