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HomeMy WebLinkAbout11402RESOLUTION NO. 11402 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 VESTAS ANNEXATION A 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 SE '/4 of Section 35, Township 21 South, Range 65 West of the 6 th P.M. in the County of Pueblo, State of Colorado. 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 Northerly line of the SE '/4 of Section 35; thence S. 89 °42'11" E., along the Northerly line of the SE '/4 of said Section 35, a distance of 80.11 feet to the Point of Beginning and the Present City limits line; thence S. 89 0 42'11" E. continuing along the Northerly line of the SE '/4 of said Section 35, a distance of 149.66 feet; thence S. 00 0 17'49" W., a distance of 103.43 feet; thence N. 89 °42'11" W., a distance of 135.52 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 103.58 feet to the Present City Limits line and the Point of Terminus. Containing 0.32 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 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 BY Judy Weaver Councilperson AP Rt %Irtw unun ATTESTED lay: { CLERK o E ;; ;':1 ED Background Paper for Proposed RESOLUTION AGENDA ITEM # 0�5 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 - (1) OF THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS THE VESTAS ANNEXATION A 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 Vestas Annexation A submitted by Vestas Towers America, Inc. is comprised of 0.32 acres. 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. 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: ANNEXATIONA L AREA TO BE ANNEXED A portion of the SE Y44 of Section 35, Township 21 South, Range 65 West of the 6 Pals in the County of Pueblo, State of Colorado. 2. PROPOSED NEW CITYLDHTS 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 Northerly line of the SE % of Section 35; thence S. 89 0 42'11 " E., along the Northerly line of the SE' /. of said Section 35, a distance of 80. 11 feet to the Point of Beginning and the Present City Limits line; thence S. 89 °42'11 " E. continuing along the Northerly line of the SE %4 of said Section 35, a distance of 149.66 feet; thence S. 00 °1749" W, a distance of 103.43 feet; thence N. 89 1 42'11 " W a distance of 135.52 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 103.58 feet to the Present City Limits line and the Point of Terminus. Containing 0.32 acres, more or less AIVNEXATIONB AREA TO BE ANNEXED A portion of the SE '/4 of Section 35, Township 21 South, Range 65 West of the 6 P.M. in the County of Pueblo, State of Colorado. 2. PROPOSED NEW CITYLIMITS 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 Northerly line of the SE % ofSection 35; thence S. 89 °42'11 " E., along the Northerly line of the SE f/4 of said Section 35, a distance of 229.77 feet to the Point of Beginning and the Present City Limits line; thence S. 89 °42'11 " E., continuing along the Northerly line of the.. SE '/4 of said Section 35, a distance of 300.00 feet; thence S. 00 °17'49" W, a distance of 275.00 feet; thence N. 89 0 42'11 " W, a distance of 447.18 feet to a point on the Easterly right -of -way line of said Colorado Interstate No. 25; thence Northerly continuing along the Easterly right -of -way line of said Colorado Interstate No. 25 along the are of a curve to the left whose radius is 5892.00 feet and whose center bears N. 84 °58'40" W, a distance of 171.97 feet to the Present City Limits line and the Point of Terminus. Containing 2.45 acres, more or less. ANNEXATIONC 1. AREA TO BE ANNEXED A portion of the SE '/. of Section 35, Township 21 South, Range 65 West of the 6 AM in the County of Pueblo, State of Colorado. a. 2. PROPOSED NEW CITYLIMITS 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 Northerly line of the SE Y44 ofSection 35; thence S. 89 0 42'11 E., along the Northerly line of the SE '/4 of said Section 35, a distance of 529.77 feet to the Point of Beginning and the Present City Limits line; thence S. 89 °42'11 " E, continuing along the Northerly line of the SE '/4 of said Section 35, a distance of 1000.00 feet; thence S. 00 °1749" W, a distance of 693. 00 feet; thence N. 89 °42'11 " W, a distance of 1496.82 feet to a point on the Easterly right -of -way line of Colorado Interstate No. 25; thence Northerly along the Easterly right -of -way line of said Colorado Interstate No. 25 along the arc of a curve to the left whose radius is 5892.00 feet and whose center bears N. 80 °53'01 "W., a distance of 421.03 feet to the Present City Limits line and the Point of Terminus. Containing 20.41 acres, more or less. ANNEXATIOND I. AREA TO BE ANNEXED A portion of the S % of Section 35, TownshiT 21 South, Range 65 West and the N'/: of Section 1, Township 22 South, Range 65 West of the 6 P,M. in the County of Pueblo, State of Colorado. 2. PROPOSED NEW CITYLIMITS 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 Northerly line of the SE 1 14 of Section 35; thence S. 89 0 42'11 " E., along the Northerly line of the SE '/4 of said Section 35, a distance of 1529.77 feet to the Point of Beginning and the Present City Limits line; thence S. 89 0 42'11 " E., continuing along the Northerly line of the SE Y4 of said Section 35, a distance of 94 7.40feet to a point on the Easterly line of the SE Y4 of said Section 35; thence S. 00 °54'09" E., along the Easterly line of the SE Y4 of said Section 35, a distance of 2721.15 feet to a point on the Southerly line of the SE Y4 of said Section 35 said point also being on the Northerly line of the NE '/4 of Section 2, Township 22 South, Range 65 West of the 6 P.M.; thence S. 00 °17'03" W., along the Easterly line of the NE '% of said Section 2, a distance of 955.00 feet; thence N. 89 °44'49 " W., a distance of 3028.50 feet; thence N. 00 °15'11 " E., a distance of 955.00 feet to a point on the Northerly line of the NW % of said Section 2, thence N. 89 °44'49" W. along the Northerly line of the NW 1/ 4 of said Section 2, a distance of 179.38 feet to a point on the Easterly right -of -way line of Colorado Interstate No. 25, thence N. 27 °53'00" E., along the Easterly right -of -way line of said Colorado Interstate No. 25, a distance of 231.18 feet; thence continuing Northerly along the Easterly right -of -way line of said Colorado Interstate No. 25 along the arc of a curve to the left whose radius is 5897.00 feet, a distance of 1929.88 feet to the Present City Limits line and the Point of Terminus. Containing 210.40 acres, more or less. ANNEXATION E 1. AREA TO BE ANNEXED: A portion of the S % of Section 36, Township 21 South, Range 65 West of the 6 P.M. and a portion of Section I and a portion of Section 2, Township 22 South, Range 65 West of the 6rh P.M. in the County of Pueblo and the 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 Northerly line of the SE '% of Section 35; thence S. 89 °42'11 " E., along the Northerly line of the SE % of said Section 35, a distance of 237740 feet to the Point of Beginning said point also being on the Northerly line of the S % of Section 36; thence S. 89 °46'47 "E., along the Northerly line of the S % of said Section 36, a distance of 2978.63 feet to a point on the Westerly right -of -way line of the Burlington Northern & Santa Fe Railroad; thence S. 02 °2844" W., along the Westerly right -of -way line of the said Burlington Northern & Santa Fe Railroad, a distance of 6118.17 feet to a point on the Northerly right -of- way line of Lime Road; thence Westerly along the Northerly right -of -way line of said Lime Road the following three (3) courses: 1. S. 85 °2736" W., a distance of 730.32 feet; 2. N. 04 °32'24" W., a distance of 15. 00 feet; 3. S. 85 °2736" W., a distance of 100.00 feet; thence S. 04 °3224" E., a distance of 140. 00 feet to a point on the Southerly right -of -way line of said Lime Road thence Westerly along the Southerly right -of -way line of said Lime Road the following three (3) courses 1. S. 85 0 2736" W., a distance of 600.00 feet; 2. N. 04 °3224" W., a distance of 15.00 feet; 3. S 85 0 2736" W., a distance of 4314.11 feet; thence N. 00 °15'11 " E., a distance of 3025.86 feet; thence S. 89 °44'49" E., a distance of 3028.50 feet to a point on the Easterly line of the NE '% of Section 2, Township 22 South, Range 65 West of 6` P.M.; thence N. 00 °17'03 " E., along the Easterly line of the NE' /4 of said Section 2, a distance of 955.00 feet to a point on the Northerly line of the NE '% of said Section 2 said point also being on the Southerly line of the SW% of Section 36, Township 21 South, Range 65 West thence N. 00 °54'09" W., along the Westerly line of the SW% ofsaid Section 36, a distance of 2721.15 feet to the Point of Beginning. Containing 608.75 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 Northerly line of the SE '% of Section 35; thence S. 89 °42'11 " E, along the Northerly line of the SE % of said Section 35, a distance of 23 77.40 feet to the Point of Beginning and the Present City Limits line said point also being on the Northerly line of the S % of Section 36; thence S. 89 °46'47 "E., along the Northerly line of the S % of said Section 36, a distance of 2978.63 feet to a point on the Westerly right -of -way line of the Burlington Northern & Santa Fe Railroad; thence S. 02 °2844" W., along the Westerly right -of- way line of the said Burlington Northern & Santa Fe Railroad, a distance of 6118.17 feet to a point on the Northerly right -of -way line of Lime Road; thence Westerly along the Northerly right -of -way line of said Lime Road the following three (3) courses: 4. S. 85 0 27'36" W., a distance of 730.32 feet; 5. N. 04 °3224" W., a distance of 15.00 feet; 6 S. 85 °27'36" W., a distance of 100.00 feet; thence S 04 °32'24" E., a distance of 140.00 feet to a point on the Southerly right -of -way line of said Lime Road thence Westerly along the Southerly right -of -way line of said Lime Road the following three (3) courses 4. S. 85 °2736" W., a distance of600.00feet; 5. N. 04 0 3224" W., a distance of 15.00 feet; 6 S. 85 0 2736" W., a distance of 4314.11 feet; thence N 00 °15'11 " E:, a distance of 3025, 86 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 streets, 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. 6. The area proposed to be annexed is integrated with or is capable of being integrated with the City. 7. 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. g. 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, 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 conditions: (a) Petitioners and the City shall enter into an Annexation Agreement prior to the effective date of this annexation. Z (c)' (d) (e) WHEREFORE, Petitioners request that the City Council of Pueblo approve the annexation of the above described area to the City of Pueblo (all Petitioners must sign this Petition within 180 days prior to the date.of filing with the City Clerk. MAILING LEGAL DATE OF SIGNATURE ADDRESS DESCRIPTION SIGNING Vestas Towers America, Inc. Enedraeet 20 See Exhibit A a Delaware Corporation 6800 Varde attached hereto Henrik S. Damseaard, Denmark Pueblo County 215 W. 10 St. See Exhibit B Pueblo, CO 81003 attached hereto x:11: LAND DESCRIPTION A parcel of land in the County of Pueblo, State of Colorado. Considering the South line of the SE '/4 of Section 1, Township 22 South, Range 65 West of the 6 1 h P.M. to bear N. 88 0 38'07" W., and all bearings contained herein are relative thereto. All of the South % of Section 35 lying East of the Interstate 25 right -of -way line as presently located and all of the S '' /s. of Section 36 lying West of the Burlington Northern & Santa Fe Railroad right -of -way line as presently located in Township 21 South, Range 65 West of the 6 P.M. AND All of Section I lying West of the Burlington Northern & Santa Fe Railroad right -of -way line as presently located and lying North of the Lime Road right -of- -way line as presently located and all of Section 2 lying East of Interstate 25 right -of -way line as presently located and lying North of the Lime Road right -of -way line as presently located in Township 22 South, Range 65 West of the 6" P.M. EXCEPTING THEREFROM: A parcel of land located in a portion of Section 2, Township 22 South, Range 65 West of the 6 1h P.M. being more particularly described as follows: Beginning at a point on the Easterly right -of -way line of Interstate 25 as presently located and the Northerly line of Section 2, Township 22 South, Range 65 West; thence S. 89 °13'25" E., along the Northerly line of said Section 2, a distance of 179.38 feet; thence S. 00 °46'35" W., a distance of 3870.47 feet to a point on the Northerly right -of -way line of Lime Road as presently located thence along the Northerly right -of -way line of Lime Road and the Easterly right -of -way line of Interstate 25 the following seven (7) courses: 1. S. 85 0 59'00" W., a distance of 841.59 feet; 2. Westerly along the are of a curve to the right whose radius 795.00 feet, a distance of 658.09 feet; 3. N. 50 0 15'34" W., a distance of 152.46 feet; 4. Northwesterly along the arc of a curve to the left whose radius is 2915.00 feet and whose center bears S. 43 °17'24" W., a distance of 60.01 feet; 5. N. 33°51'06" W., a distance of 380.20 feet 6. N. 24 E. a distance of 1061.33 feet; 7. N. 28 0 24'24" E., a distance of 2613.00 feet to the Point of Beginning. Containing 829.51 acres, more or less. LAND DESCRIPTION A parcel of land located in a portion of the S '/2 of Section 1 and the S '/2 of Section 2, Township 22 South, Range 65 West of the 6 P.M. in the County of Pueblo and the State of Colorado. Considering a portion of the North line of Lime Road to bear N. 85 °27'36" E., and all bearings contained herein being relative thereto. Beginning at a point on the Westerly right -of -way line of the Burlington Northern & Santa Fe Railroad said point also being on the Northerly right -of -way line of Lime Road as presently located; thence S. 02 °28'44" W., a distance of 110.83 feet to a point on the Southerly right -of- way line of said Lime Road; thence Westerly along the Southerly right -of -way line of said Lime Road the following five (5) courses: 1. S. 85 0 27'36" W., a distance of 716.78 feet; 2. S. 04 0 32'24" E., a distance of 15.00 feet; 3. S. 85 0 27'36" W., a distance of 700.00 feet; 4. N. 04 0 32'24" W., a distance of 15.00 feet; 5. S. 85 0 27'36" W., a distance of 4314.11 feet; thence N. 00 °15' 11" E., a distance of 110.39 feet to a point on the Northerly right -of -way line of said Lime Road; thence Easterly along the Northerly right -of -way line of said Lime Road the following five (5) courses: 1. N. 85 0 27'36" E., a distance of 4304.88 feet; 2. N. 04 0 32'24" W., a distance of 15.00 feet; 3. N. 85 0 27'36" E., a distance of 700.00 feet; 4. S. 04 °32'24" E., a distance of 15.00 feet; 5. N. 85 0 27'36" E., a distance of 730.32 feet to the Point of Beginning. Containing 14.96 acres, more or less. CIRCULATOR'S OATH STATE OF (✓'O LOP-4 0 ) ) ss. COUNTY OF PJ W�Q ) 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. irculator' ignature Henrik S. Damsgaard Corporate Legal Adviser Vestas Towers America, Inc., a Delaware Corporation Subscribed and affirmed, or sworn to, before me in the County of DaA) UEI? State of C0L0l214DD , this 13IhL day of }q(4t5 2008, by Henrik S. Damsgaard, Corporate Legal Adviser of Vestas Towers America, Inc., a Delaware Corporation. Witness my hand and official seal. My commission expires: is STATEMENT OF AUTHORITY Pursuant to C.R.S. §38 -30 -172, the undersigned hereby executes this Statement of Authority on behalf of Vestas Towers America, Inc. , a Delaware Corporation , an entity other than an individual, capable of holding title to real property (the "Entity "), and states as follows: The name of the Entity is Vestas Towers America, Inc., a Delaware Corporation (state type of entity and state, country, or other governmental authority under whose laws such entity is formed) The mailing address for the Entity is Engdraget 20, 6800 Varde, Denmark The name or position of the person authorized to execute instruments conveying, encumbering, or other affecting title to real property on behalf of the Entity is: Henrik S Damsgaard, Corporate Legal Adviser The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: None (if no limitations, Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matters, leave this section blank) EXECUTED this 3 day of iqQQ U ST , Signature Name (typed or printed): Henr' S. Damsgaard Title (if any): Corporate Legal Adviser STATE OF C0 LD�214D0 ) ss. COUNTY OF DfW The foregoing instrument was acknowledged before me this /3 7 Y� L day of 14( by Henrik S Damsgaard, Corporate Legal Adviser on behalf of Vestas Towers America. Inc. a Delaware Corporation Witness my hand and official seal. My commission expires: � [SEAL ` �Q�t�,.Yr R USSr pTA R DPW 116 }" o 02ro7i02 t A PORAON OF THE SE 111 of SECAON J5, TOWNSHIP 21 SONH, RANGE 65 WEST, OF NE 6TH P.M. COUNTY OF PUEBLO, STATE OF COLORADO t' U i d 1 � r a If I SCALC� 1' .100' IwSC[ I' p krt5 ert[t /H) � I� 511E ---