HomeMy WebLinkAbout11400RESOLUTION NO. 11400
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 SOUTH CENTRAL UTILITY CORRIDOR ANNEXATION F
DESCRIBED AS LAND EAST OF INTERSTATE 25 AND SOUTH OF THE CURRENT CITY LIMITS
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):
1. AREA TO BE ANNEXED
A portion of the E Y2 of Section 26, Township 21 South, Range 65 West of the 6th P.M. in the
County of Pueblo, State of Colorado and being more particularly described as follows:
Commencing at a point on the Easterly right -of -way line of Colorado Interstate No. 25 as presently
located said point also being on the most Southerly corner of Minnequa Industrial Park, Second
Filing according to the recorded plat thereof as filed for record at Reception No. 1481756 in the
Pueblo County records; thence S. 03 0 21'00" W., along the Easterly right -of -way line of said
Colorado Interstate No. 25, a distance of 2299.83 feet; thence Southerly along the arc of a curve to
the left whose radius is 540.00 feet, a distance of 209.16 feet to the Point of Beginning; thence S.
03 0 21'00" W., a distance of 505.47 feet; thence N 86 0 39'00" W., a distance of 40.00 feet to a point
on the Easterly right -of -way line of said Colorado Interstate No. 25; thence N. 03 0 21'00" E., along
the Easterly right -of -way line of said Colorado Interstate No. 25, a distance of 709.43 feet to the
Point of Beginning.
Containing 0.53 acres, more or less.
2. PROPOSED NEW CITY LIMITS LINE:
Commencing at a point on the Easterly right -of -way line of Colorado Interstate No. 25 as presently
located said point also being on the most Southerly corner of Minnequa Industrial Park, Second
Filing according to the recorded plat thereof as filed for record at Reception No. 1481756 in the
Pueblo County records; thence S. 03 0 21'00" W., along the Easterly right -of -way line of said
Colorado Interstate No. 25, a distance of 2299.83 feet; thence Southerly along the arc of a curve to
the right whose radius is 540.00 feet, a distance of 209.16 feet to the Point of Beginning and the
Present City Limits line; thence S. 03 0 21'00" W., a distance of 505.47 feet; thence N 86 0 39'00" W.,
a distance of 40.00 feet to a point on the Easterly right -of -way line of said Colorado Interstate No.
25; thence N. 03 0 21'00" E., along the Easterly right -of -way line of said Colorado Interstate No. 25,
a distance of 709.43 feet to the Present City Limits line and the Point of Terminus.
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 Tuesday, October
14, 2008, 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 September 8. 2008
Qes, f (y00
0
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # a�
DATE: SEPTEMBER 8, 2008
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
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 SOUTH CENTRAL
UTILITY CORRIDOR ANNEXATION F DESCRIBED AS LAND EAST OF INTERSTATE
25 AND SOUTH OF THE CURRENT CITY LIMITS
ISSUE
Shall the City Council approve and adopt findings and determination concerning the
proposed annexation?
RECOMMENDATION
The Planning and Zoning Commission, at their October 8, 2008 Regular Meeting, will
forward a recommendation to City Council.
BACKGROUND
The South Central Utility Corridor Annexation F submitted by Pueblo Suburban
Development, LLC is comprised of 0.53 acres. The purpose of the annexation is to
facilitate commercial development within a government use zone district. 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 October 14, 2008 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 the 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 October 14,
2008 for a public hearing. The date for the first presentation of the Ordinance for
Annexation is scheduled for September 22, 2008.
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.
South Central Corridor
Annexation F
CITY OF PUEBLO
PETITION FOR ANNEXATION
TO THE CITY COUNCIL OF PUEBLO, COLORADO:
Pursuant to the Municipal Annexation Act of 1965 and C.R.S. §31- 12- 107(1) the
undersigned landowners within the area proposed for annexation hereby petition the City
Council of the City of Pueblo for annexation to the City of Pueblo (herein "City") of the
following described unincorporated area located in the County of Pueblo, State of Colorado:
1. AREA TO BE ANNEXED
A portion of the E '/2 of Section 26, Township 21 South, Range 65 West of the 6th P.M. in the
County of Pueblo, State of Colorado and being more particularly described as follows:
Commencing at a point on the Easterly right -of -way line of Colorado Interstate No. 25 as
presently located said point also being on the most Southerly comer of Minnequa Industrial Park,
Second Filing according to the recorded plat thereof as filed for record at Reception No. 1481756
in the Pueblo County records; thence S. 03 °21'00" W., along the Easterly right -of -way line of
said Colorado Interstate No. 25, a distance of 2299.83 feet; thence Southerly along the arc of a
curve to the left whose radius is 540.00 feet, a distance of 209.16 feet to the Point of Beginning;
thence S. 03 °21'00" W., a distance of 505.47 feet; thence N 86°39'00" W., a distance of 40.00
feet to a point on the Easterly right -of -way line of said Colorado Interstate No. 25; thence N.
03 °21'00" E., along the Easterly right -of -way line of said Colorado Interstate No. 25, a distance
of 709.43 feet to the Point of Beginning.
Containing 0.53 acres, more or less.
2. PROPOSED NEW CITY LIMITS LINE:
Commencing at a point on the Easterly right -of -way line of Colorado Interstate No. 25 as
presently located said point also being on the most Southerly corner of Minnequa Industrial Park,
Second Filing according to the recorded plat thereof as filed for record at Reception No. 1481756
in the Pueblo County records; thence S. 03 °21'00" W., along the Easterly right -of -way line of
said Colorado Interstate No. 25, a distance of 2299.83 feet; thence Southerly along the arc of a
curve to the right whose radius is 540.00 feet, a distance of 209.16 feet to the Point of Beginning
and the Present City Limits line; thence S. 03 °21'00" W., a distance of 505.47 feet; thence N
86 °39'00" W., a distance of 40.00 feet to a point on the Easterly right -of -way line of said
Colorado Interstate No. 25; thence N. 03 °21'00" E., along the Easterly right -of -way line of said
Colorado Interstate No. 25, a distance of 709.43 feet to the Present City Limits line and the Point
of Terminus.
As ground for this annexation, Petitioners state:
1. It is desirable and necessary that the area herein described be annexed to the City.
2. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous
with existing boundaries of the City.
3. This petition for annexation has been signed by persons comprising more that fifty
percent (50 %) of the landowners in the area proposed to be annexed and owning more
than fifty percent (50 %) of the area, excluding public street, alleys, and any land owned
by the City.
4. A community of interest exists between the area proposed to be annexed and the City.
5. The area proposed to be annexed is urban or will be urbanized in the near future.
The area proposed to be annexed is integrated with or is capable of being integrated with
the City.
No land held in identical ownership, whether consisting of one tract or parcel of real
estate or two or more contiguous tracts or parcels of real estate:
(a) is divided into separate parts or parcels without the written consent of the landowners
thereof, unless such tracts or parcels are separated by a dedicated street, road or other
public way; or,
(b) comprises twenty (20) acres or more and which, together with the buildings and
improvements situated thereon has an assessed value in excess of $200,000.00 for ad
valorem tax purposes for the year preceding the annexation, is included within the
territory proposed to be annexed without the written consent of the landowner or
landowners.
The mailing address of each signer, the legal description of the land owned by each
landowner and the date of signing of each signature are shown on this petition.
9. Attached to this petition is the affidavit of the circulator of this petition that each
signature hereon is the signature of the person whose name it purports to be.
10. Accompanying this petition are an original and twenty -four (24) prints of an annexation
map containing the following information:
(a) A written legal description of the boundaries of the area proposed to be annexed;
(b) A map showing the boundary of the area proposed to be annexed. (Such map shall
be prepared by and contain the seal of a Colorado registered engineer or land
surveyor);
(c) Within the annexation boundary map there is shown the location of each ownership
tract in unplatted land and, if part or all of the area is platted, the boundaries and the
plat numbers of plots or of lots and blocks;
(d) Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the City and the area proposed to be annexed with the
dimension of such boundary.
11. The area proposed to be annexed is not presently a part of any incorporated city or town.
12. No part of the area proposed to be annexed is more than three miles in any direction from
any point of the boundaries of the City as such was established more than one year before
this annexation will take place.
13. As condition of and in consideration of the City annexing the area proposed to be
annexed, Petitioners, for themselves and their heirs, personal representatives, successors
and assigns:
(a) Waive and release all previously acquired or existing vested property rights
attached to or established with respect to the area proposed to be annexed and
acknowledge and agree that the annexation of the area proposed to be annexed is
not a site specific development plan and no vested property right shall attach to or
be established with respect to the area proposed to be annexed.
(b) Acknowledge and agree that upon the annexation of the area proposed to be
annexed and, subject to the provisions of the Annexation Agreement, 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.
(c) "Vested property right" and "site specific development plan" shall have the same
meaning as set forth in Chapter 12 of Title XVII of the 1971 Code of Ordinances of
the City and Article 60, Title 24, C.R.S.
14. Petitioners consent and agree to the following condition:
Petitioners and the City shall enter into an Annexation Agreement prior to the effective
date of this annexation.
MAILING LEGAL DATE OF
ADDRESS DESCRIPTION SIGNING
CIRCULATOR'S OATH
STATE OF C'OtOR*50 )
Sa�cv:.
- \.6 -(- ) ss.
COUNTY OF P )
The undersigned of lawful age being first duly sworn upon oath deposes and states that I
circulated the foregoing Petition For Annexation and that each signature therein is the signature
of the person whose name it purports to be. n l) ZZ /
s Signature
Subscribed and affirmed, or sworn to, before me in the County of Y l „A 2
State of this 5 }� day of C
20 o? , \
By ``7�r�
Witness my hand and official seal.
My commission expires: �C C�1 1C) aw
(SEAL)
;l n.: "��„ YVONNE D. MANUEL
Notary PuWlo - State of Florida
• - -my Commission ExPires Mar 10.2009
•;d Commission# DD405705
Public (or official title)
TOE 00y y OF puffoL a
A PORTION OF THE C112 OF SECTION 26 AND NE;/4 OF SECTION 35 , TOWSHIP 21 SOUTH, RANGE 65 WEST
OF THE 5TH P.M. COUNTY OF PUEBLO STATE OF COLORADO
be
I I
II
RG
VZOMME A(,4
2QQ
pzl
II
u 17-