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HomeMy WebLinkAbout10546RESOLUTION NO. 10546 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 THE PEAKVIEW ANNEXATION AND DESCRIBED AS SOUTH OF U.S. HIGHWAY 50 WEST AND EAST OF PUEBLO BOULEVARD 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): unklicarr• m 1. AREA TO BE ANNEXED: A portion of the Old Kansas - Colorado Railroad Co. right -of -way as recorded at Reception No. 1442758 in the Pueblo County records. 2. PROPOSED NEW CITY LIMITS LINE: (A) Beginning at the most Northerly corner of Parcel B in Subdivision Variance No. 339 according to the recorded plat thereof as filed for record at Reception No. 704092 in the Pueblo County records said point also being on the Southerly right -of -way line of U.S. Highway 50 West as presently located and the Present City Limits Line; thence Northerly and Easterly along the said Southerly right -of -way line of U.S. Highway 50 West to a point on the Northwest corner of Parcel C in said Subdivision Variance No. 339 and the Present City Limits Line PAD (B) Beginning at the most Southerly corner of Parcel C in Subdivision Variance No. 339 according to the recorded plat thereof as filed for record at Reception No. 704092 in the Pueblo County records and also being on the West line of the NE Ya of Section 15, Township 20 South, Range 65 West of the 6th P.M. and the Present City Limits Line; thence Southerly along the said West line of the NE Ya of Section 15 to a point on the Easterly line of Parcel B in Subdivision Variance No. 339 and the Present City Limits Line. Containing 1.39 acres, more or less. ANNEXATION B 1. AREA TO BE ANNEXED: All of that portion of Scott Street adjacent to Lots 1 through 21 both inclusive, Block 117 and all of Lots 21 through 24 both inclusive, Block 117 lying within the Old Kansas - Colorado Railroad Co. right -of -way as recorded at Reception No. 1442758 in the Pueblo County records and all of Lots 1 through 40 both inclusive, Block 132 all being in Wiley's Park Heights according to the recorded plat thereof as filed for record on May 21, 1890 in Book 5 at Page 45 in the Pueblo County records. 2. PROPOSED NEW CITY LIMITS LINE: Beginning at the Northeast Corner of Parcel C in Subdivision Variance No. 339 according to the recorded plat thereof as filed for record at Reception No. 704092 in the Pueblo County records said point also being on the Southerly right -of -way line of U.S. Highway 50 West as presently located and also being on the Present City Limits Line; thence Easterly along the said Southerly right -of -way line of U.S. Highway 50 West to a point on the Easterly right -of -way line of Scott Street said point also being on the Westerly line of Lot 1, Block 117 in Wiley's Park Heights according to the recorded plat thereof as filed for record on May 21, 1890 in Book 5 at Page 45 in the Pueblo County records; thence Southerly along the Westerly line of Lots 1 through 21 in said Wiley's Park Heights to a point on the Easterly right -of -way line of the Old Kansas - Colorado Railroad Co. right - of -way as recorded at Reception No. 1442758 in the Pueblo County records; thence Southeasterly along said Easterly line of the Old Kansas - Colorado Railroad Co. right -of -way line to a point on the Northerly right -of -way line of West 37 Street in said Wiley's Park Heights said point also being on the Southerly line of Lot 24, Block 117 in said Wiley's Park Heights; thence Easterly along the Northerly right -of -way line of said West 37 Street and the Southerly line of Lot 24 extended Easterly to a point on the Southwesterly corner of Lot 25, Block 117 in said Wiley's Park Heights; thence Southerly to a point on the Southerly right -of -way line of said West 37 Street said point also being on the Northwesterly corner of Lot 48, Block 132 in said Wiley's Park Heights and also being on the Easterly right -of -way line of the Alley in Block 132 in said Wiley's Park Heights; thence Southerly along the said Easterly line of the Alley in Block 132 and Westerly line of Lots 48, 47, 46, 45, 44, 43, 42 and 41 to a point on the said Easterly right -of -way line of the Old Kansas - Colorado Railroad Co. right -of -way; thence Southeasterly along the said Easterly right -of -way line of the Old Kansas - Colorado Railroad Co. right -of -way to a point on the Northerly line of Lot 40, Block 132 in said Wiley's Park Heights; thence Easterly along the North line of said Lot 40, Block 132 extended Easterly to a point on the Easterly right -of -way line of Torpy Street said point also being the Northwesterly corner of Lot 9, Block 131 in said Wiley's Park Heights; thence Southerly along the Westerly line of Lots 9 through 24 both inclusive, Block 131 in said Wiley's Park Heights and the Easterly right -of -way line of Torpy Street extended South to a point on the Southerly line of the NE Ya of Section 25, Township 20 South, Range 65 West of the 6th P.M. and the Present City Limits Line. Containing 4.90 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, November 28, 2005, 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 24, 2005 BY Randy Thurston Councilperson APPROVED: PRESIDENT CITY C IL ATTESTED BY: CITY CLERK P t A lAt . Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: OCTOBER 24, 2005 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 THE PEAKVIEW ANNEXATION AND DESCRIBED AS SOUTH OF US HIGHWAY 50 WEST AND EAST OF PUEBLO BOULEVARD ISSUE Shall the City Council approve and adopt findings and determination concerning the proposed annexation? The Planning and Zoning Commission, at their October 12, 2005 Regular Meeting, voted 4 -0 to recommend approval. BACKGROUND The Peakview Annexation submitted by Peakview Business Campus, LLC comprises 6.29 acres south of US Highway 50 West and east of Pueblo Boulevard. 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 November 28, 2005 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 November 28, 2005 for a public hearing. The date for the first presentation of the Ordinance For Annexation is scheduled for November 14, 2005. 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.