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Home My WebLink About11267RESOLUTION NO. 11267 A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS MONTEX/ERB PHASE 5 AND DESCRIBED AS LAND ONE -THIRD MILE WEST OF INTERSTATE 25 AND NORTH OF QUARTZ ROAD IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTION 31 -12 -107 (1), TABLING FINAL ACTION ON THE PETITION FOR A PERIOD NOT MORE THAN 180 DAYS, AND REFERRING THE PETITION TO THE PLANNING AND ZONING COMMISSION FOR REVIEW AND RECOMMENDATION 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 ( "Petition ") of the area described in Exhibit "1" attached hereto and incorporated herein situated in Pueblo County, Colorado, and commonly known as Montex/Erb Phase 5 is hereby preliminarily found and determined to be valid under the provisions of C.R.S. §31 -12 -107 (1). SECTION 2. Final action on the Petition is hereby tabled for a period of not more than one hundred eighty (180) days and the Petition is hereby referred to the Planning and Zoning Commission for review and recommendation. SECTION 3. Upon receipt of the recommendation of the Planning and Zoning Commission, the City Council, without undue delay, shall make a final determination by resolution whether the petition substantially complies with the applicable requirements of Section 31 -12- 107(1), C.R.S. and establish the date, time and place the City Council will hold a public hearing to determine if the proposed annexation complies with sections 31 -12 -104 and 31 -12 -105, C.R.S. or such parts thereof as may be required to establish eligibility for annexation. INTRODUCED March 24. 2008 EXHIBIT 1 MONTEX/ERB ANNEXATION NO. 5 AREA TO BE ANNEXED: A parcel of land located within Section 26 and the Northwest one - quarter of the Northwest one - quarter of Section 35, Township 19 South, Range 65 West, 6th Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as follows. Beginning at a point at the Northeast corner of the Northwest one - quarter of Section 35 (existing city limits); thence along the North line of the Northwest one - quarter of Section 35, N 88° 32' 19" W, a distance of 1322.47 feet, to a point at the Northwest corner of the Northeast one -quarter of the Northwest one quarter of Section 35; thence departing said North line, S 00 09' 24" E, a distance of 1327.82 feet, to a point at the Southwest comer of the Northeast one - quarter of the Northwest one - quarter of Section 35; thence along the South line of the Northwest one - quarter of the Northwest one - quarter of Section 35, N 88° 56' 10" W, a distance of 807.26 feet, to a point on the Easterly right of way line of the Burlington, Northern and Santa Fe Railroad; thence along said Easterly right of way the following five courses, N 21 50'39 E, a distance of 2592.92 feet, said point being at the beginning of a tangent curve to the left, said curve having a radius of 5832.95 and a central angle of 15 18' 52'; thence along said curve, Northerly an arc distance of 1559.08 feet; thence, N O6° 31'37" E a distance of 1867.90 feet; thence, S 83 28'24" E a distance of 25.00 feet; thence, N 07 32' 26" E a distance of 96.47 feet; thence departing said Easterly right of way line the following 16 courses, S 74 36' 13" E a distance of 155.35 feet; thence, S 45 50' 07" E a distance of 862.03 feet; thence, S 30 53' 35" E a distance of 351.96 feet; thence, S 46 34' 51" E a distance of 1615.69 feet; thence, S 29 47' 09" E a distance of 541.41 feet; thence, S 60 13' 11" E a distance of 932.35 feet; to a point on the East line of the Southeast one - quarter of Section 26; thence along said East line, S 01 16' 34" W, a distance of 384.49 feet (existing city limits); thence departing said East line, S 89° 45'03" W, a distance of 2664.22 feet (existing city limits); thence, S 00 06'03" E, a distance of 1200.22 feet (existing city limits), to the point of beginning of this description. Said parcel contains 206.9 acres, more or less. NEW CITY LIMITS LINE: A parcel of land located within Section 26 and the Northwest one - quarter of the Northwest one - quarter of Section 35, Township 19 South, Range 65 West, 6th Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as follows. Beginning at a point at the Northeast corner of the Northwest one - quarter of Section 35 (existing city limits); thence along the North line of the Northwest one - quarter of Section 35, N 88 32' 19" W, a distance of 1322.47 feet, to a point at the Northwest corner of the Northeast one - quarter of the Northwest one quarter of Section 35; thence departing said North line, S 00 09' 24" E, a distance of 1327.82 feet, to a point at the Southwest corner of the Northeast one - quarter of the Northwest one - quarter of Section 35; thence along the South line of the Northwest one - quarter of the Northwest one - quarter of Section 35, N 88 56' 10" W, a distance of 807.26 feet, to a point on the Easterly right of way line of the Burlington, Northern and Santa Fe Railroad; thence along said Easterly right of way the following five courses, N 21 50'39 E, a distance of 2592.92 feet, said point being at the beginning of a tangent curve to the left, said curve having a radius of 5832.95 and a central angle of 15 18' 52 "; thence along said curve, Northerly an arc distance of 1559.08 feet; thence, N 06 31'37" E a distance of 1867.90 feet; S 83 28' 24" E a distance of 25.00 feet; thence, N 07 32' 26" E a distance of 96.47 feet; thence departing said Easterly right of way line the following 16 courses, S 74 36' 13" E a distance of 155.35 feet; thence, S 45° 50' 07" E a distance of 862.03 feet; thence, S 30 53' 35" E a distance of 351.96 feet; thence, S 46 34' S1" E a distance of 1615.69 feet; thence, S 29 47' 09" E a distance of 541.41 feet; thence, S 60 13' 11" E a distance of 932.35 feet; to a point on the East line of the Southeast one - quarter of Section 26; thence along said East line, S 01° 16' 34" W, a distance of 384.49 feet (existing city limits) Said parcel contains 207.00 acres, more or less. CERTIFICATION OF PERIMETER: 21.11 % of the boundary of the land described in area to be annexed is presently the existing city limits line. Re-s iia�2 INNIEWMEN Background Paper for Proposed RESOLUTION AGENDA ITEM # 3 DATE: MARCH 24, 2008 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS MONTEX/ERB PHASE 5 AND DESCRIBED AS LAND ONE -THIRD MILE WEST OF INTERSTATE 25 AND NORTH OF QUARTZ ROAD IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTION 31 -12 -107 (1), TABLING FINAL ACTION ON THE PETITION FOR A PERIOD NOT MORE THAN 180 DAYS, AND REFERRING THE PETITION TO THE PLANNING AND ZONING COMMISSION FOR REVIEW AND RECOMMENDATION ISSU Shall the City Council determine the petition for annexation of the area commonly known as the Montex/Erb Phase 5 is valid under the provisions of Colorado Revised Statutes Section 31 -12- 107(1), table final action on the petition for a period not more than 180 days, and refer the petition to the Planning and Zoning Commission for review and recommendation? 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 preliminarily find the petition valid according to Colorado Revised Statutes. The Montex/Erb Phase 5 comprises 206.90 acres one -third mile west of Interstate 25 and north of Quartz Road 25 shown on the attached Exhibit "A° — Montex/Erb Phase 5 Plat. This Resolution preliminarily determines that the Petition for Annexation is valid under the provisions of the Colorado Revised Statutes 31 -12- 107(1). City Council adopted Ordinance No. 7632 on August 13, 2007 establishing procedures within Section 8 Chapter 6, Title XVII of the Pueblo Municipal Code to process annexation petitions and zoning applications concurrently. If Council preliminarily determines the petition to be valid according to CRS 31 -12 -107 (1), then in accordance with the procedure established in the Pueblo Municipal Code the final action on the petition is tabled for a period of not more than one hundred eighty (180) days, and the petition is referred to the Planning and Zoning Commission for review and recommendation. 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. 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