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HomeMy WebLinkAbout10841RESOLUTION NO. 10841 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 LOT 52 AND 53 PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK ANNEXATION AND DESCRIBED AS SOUTH OF WALT BASSETT AVENUE AND EAST OF BRANIFF STREET 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): AREA TO BE ANNEXED AND NEW CITY LIMITS LINE: BEGINNING at the northwesterly corner of Parcel Lot 53, Pueblo Memorial Airport Industrial Park Subdivision, according to the recorded plat thereof, filed for record November 11, 1995 in Book 2836 at Pages 665 -670, Reception No. 1096136 in the records of the Pueblo County Clerk and Recorder; thence S 46 °31'41 "E, along the northerly line of said Lot 53, a distance of 226.91 feet to the northeasterly corner of said Lot 53; thence S 43 °27'28 "W, along the easterly line of said Lot 53, a distance of 179.20 feet to the southeasterly corner of said Lot 53; thence along the southerly line of said Lot 53 the following two (2) courses: 1.) N 46 °32'32 "W, a distance of 32.79 feet; 2.) N 55 °02'21 "W, a distance of 196.35 feet to the southeasterly corner of Parcel A, Subdivision Exemption No. 96 -03, according to the recorded plat thereof, filed for record March 26, 1997 in Book 2981 at Page 40 in the records of the Pueblo County Clerk and Recorder; thence continuing N 55 °02'21 "W, along the southerly line of said Parcel A, a distance of 169.49 feet to a point on the easterly right of way line of Braniff Street; thence N 01 °30'51 "W, along said easterly right -of -way line, a distance of 146.52 feet to the NW corner of said Parcel A; thence along the northerly line of said Parcel A, the following two (2) courses: 1.) N 88 °26'39 "E, a distance of 129.13 feet; 2.) S 46 °31'41 "E, a distance of 179.96 feet to the northeasterly corner of said Parcel A, said point being on the westerly line of said Lot 53; thence N 43 °28'39 "E, along said westerly line of Lot 53, a distance of 38.38 feet to the POINT OF BEGINNING. Said Parcel contains 1.95 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 11, 2006, 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 23, 2006 BY Randy Thurston Councilperson APPROVED: President of City Council ATTESTED BY: CITY CLERK D Background Paper for Proposed RESOLUTION po�. ±'/1)941 AGENDA ITEM # 0 DATE: OCTOBER 23, 2006 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 THE LOT 52 AND 53 PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK ANNEXATION AND DESCRIBED AS SOUTH OF WALT BASSETT AVENUE AND EAST OF BRANIFF STREET ISSUE Shall the City Council approve and adopt findings and determination concerning the proposed annexation? RECOMMENDATION The City Planning staff has reviewed the annexation petition for compliance with Section 31 -12- 107(1) of the Colorado Revised Statutes and recommends that City Council approve the Resolution. BACKGROUND The Lot 52 And 53 Pueblo Memorial Airport Industrial Park Annexation submitted by T and L Enterprises, LLC comprises 1.95 acres south of Walt Bassett Avenue and east of Braniff Street. 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 11, 2006 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 11, 2006 for a public hearing. The date for the first presentation of the Ordinance for Annexation is scheduled for November 27, 2006. 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.