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HomeMy WebLinkAbout11405RESOLUTION NO. 11405 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 D 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 S Y2 of Section 35, Township 21 South, Range 65 West and the N Y2 of Section 2, Township 22 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 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 '/4 of said Section 35, a distance of 947.40 feet to a point on the Easterly line of the SE '/4 of said Section 35; thence S. 00 0 54'09" E., along the Easterly line of the SE '/4 of said Section 35, a distance of 2721.15 feet to a point on the southerly line of the SE '/4 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 th P.M.; thence S. 00 0 17'03" W., along the Easterly line of the NE 1 /4 of said Section 2, a distance of 955.00 feet; thence N. 89 0 44'49" W., a distance of 3028.50 feet; thence N. 00 0 15'11" E., a distance of 955.00 feet to a point on the Northerly line of the NW '/4 of said Section 2, thence N. 89 0 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 0 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. 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 Rcs . I 1 �oS D p �f Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: SEPTEMBER 8, 2008 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY - M. PACHECOJ 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 VESTAS ANNEXATION D 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 D submitted by Vestas Towers America, Inc. is comprised of 210.40 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.