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HomeMy WebLinkAbout10979RESOLUTION NO. 10979 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 HIGHWAY 78 TOWER SITE ANNEXATION AND DESCRIBED AS SOUTHEAST OF STATE HIGHWAY 78 IN THE SOUTHEAST Ya OF SECTION 19, TOWNSHIP 21 SOUTH. RANGE 65 WEST OF THE 6 PRINCIPAL MERIDIAN 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: A parcel of land located within the NW1 /4 of the SE1 /4 and the NE1 /4 of the SW1 /4 of Section 19, Township 21 South, Range 65 West of the Sixth Principle Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: BEGINNING at a point from which the intersection of the southeasterly right -of -way line of Colorado State Highway No. 78 and the east -west centerline of said Section 19 bears N 79 °36'18 'W (bearings based on the east -west centerline of said Section 19, monumented at the east end with a 0.5'X0.5' concrete marker with an "X" on top and monumented at the said intersection of the southeasterly right -of -way line of Colorado State Highway No. 78 and the said east -west centerline of said Section 19 with a 2" brass cap in concrete P.L.S 12453 assumed to bear S 89 °53'55 "W) a distance of 771.65 feet; thence N 89 °53'55 "E a distance of 200.00 feet; thence S 00 °06'05 "E a distance of 200.00 feet; thence S 89 °53'55 "W a distance of 200.00 feet; thence N 00 °06'05 "W a distance of 49.69 feet; thence S 61 °32'27 "W a distance of 108.18 feet; thence along the arc of a curve to the right having a central angle of 18 °11'28" and a radius of 644.00 feet a distance of 204.47 feet; thence S 79 °43'54 "W a distance of 896.56 feet; thence S 81'59'38"W a distance of 308.76 feet; thence S 73 °28'07 "W a distance of 56.32 feet; thence S 82 °56'30 "W a distance of 15.83 feet; thence N 77 °14'13 "W a distance of 13.69 feet more or less to a point on the southeasterly Right -of -way line of Colorado State Highway No. 78; thence N 51 °54'12 "E along said southeasterly right -of -way line a distance of 1015.21 feet to a point on the east -west centerline of said Section 19; thence N 89 °53'55 "E along the east -west centerline of said Section 19 a distance of 1.62 feet; thence S 51'54'1 2"W a distance of 1014.39 feet; thence S 77 °14'13 "E a distance of 11.41 feet; thence N 82 °56'30 "E a distance of 15.57 feet; thence N 73 °28'07 "E a distance of 56.31 feet; thence N 81'59'38"E a distance 308.82 feet; thence N 79 °43'54 "E a distance of 896.54 feet; thence along the arc of a curve to the left having a central angle of 18 °11'28" and a radius of 643.00 feet a distance of 204.15 feet; thence N 61 °32'27 "E a distance of 108.72 feet; thence N 00 °06'05 "W a distance of 149.18 feet to the POINT OF BEGINNING. Said Parcel contains 0.98 acres more or less. PROPOSED NEW CITY LIMIT LINE A parcel of land located within the NW1 /4 of the SE1 /4 and the NE1 /4 of the SW1 /4 of Section 19, Township 21 South, Range 65 West of the Sixth Principle Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: BEGINNING at the point of intersection of the southeasterly right -of -way line of Colorado State Highway No. 78 and the east -west centerline of said Section 19; thence N 89 °53'55 "E (bearings based on the east -west centerline of said Section 19, monumented at the east end with a 0.5'X0.5' concrete marker with an "X" on top and monumented at the said intersection of the southeasterly right -of -way line of Colorado State Highway No. 78 and the said east -west centerline of said Section 19 with a 2" brass cap in concrete P.L.S 12453 assumed to bear S 89 °53'55 "W) along said east -west centerline of Section 19 a distance of 1.62 feet; thence S 51 °54'12'VV a distance of 1014.39 feet; thence S 77 °14'13 "E a distance of 11.41 feet; thence N 82 °56'30 "E a distance of 15.57 feet; thence N 73 °28'07 "E a distance of 56.31 feet; thence N 81'59'38"E a distance of 308.82 feet; thence N 79 °43'54 "E a distance of 896.54 feet; thence along the arc of a curve to the left having a central angle of 18 °11'28" and a radius of 643.00 feet a distance of 204.15 feet; thence N 61'32'27"E a distance of 108.72 feet; thence N 00 °06'05 "W a distance of 149.18 feet; thence N 89 °53'55 "E a distance of 200.00 feet; thence S 00 °06'05 "E a distance of 200.00 feet; thence S 89 °53'55 "W a distance of 200.00 feet; thence N 00 °06'05 "W a distance of 49.69 feet; thence S 61'32'27"W a distance of 108.18 feet; thence along the arc of a curve to the right having a central angle of 18 °11'28" and a radius of 644.00 feet a distance of 204.47 feet; thence S 79 °43'54 "W a distance of 896.56 feet; thence S 81'59'38"W a distance of 308.76 feet; thence S 73 °28'07 "W a distance of 56.32 feet; thence S 82 °56'30 "W a distance of 15.83 feet; thence N 77 °14'13 "W a distance of 13.69 feet to the POINT OF TERMINUS on the southeasterly right -of -way line of Colorado State Highway No. 78. At least one -sixth of the boundary of the land described above is existing city limits line. 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, May 14, 2007, 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 April 9, 2007 BY Randy Thurston Councilperson APPROVED: RRESIDIENTof City Council ATTESTED BY: CITY CLERK 0101 M Iff, Background Paper for Proposed RESOLUTION AGENDA ITEM # // DATE: APRIL 9, 2007 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 HIGHWAY 78 TOWER SITE ANNEXATION AND DESCRIBED AS SOUTHEAST OF STATE HIGHWAY 78 IN THE SOUTHEAST '% OF SECTION 19, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6 PRINCIPAL MERIDIAN ISSUE Shall the City Council approve and adopt findings and determination concerning the proposed annexation? 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 Highway 78 Tower Site Annexation submitted by Robert Jackson is comprised of 0.96 acre southeast of State Hig 78 in the Southeast % of Section 19, Township 21 South, Range 65 West of the 6 principal meridian. The purpose of the annexation is to provide a location for the construction of a cell tower site for the City's Information Technology Department. 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 May 14, 2007 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 May 14, 2007 for a public hearing. The date for the first presentation of the Ordinance for Annexation is scheduled for April 23, 2007. FINANCIAL IMPACT The filing of the annexation petition and this Finding of Substantial Compliance does not result in any direct financial impact to the City of Pueblo.