Loading...
HomeMy WebLinkAbout11406RESOLUTION NO. 11406 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 E 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 36, Township 21 South, Range 65 West of the 6 th P.M. and a portion of Section 1 and a portion of Section 2, Township 22 South, Range 65 West of the 6 th 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 Y4 of Section 35; thence S. 89 °42'11" E., along the Northerly line of the SE Y4 of said Section 35, a distance of 2377.40 feet to the Point of Beginning said point also being on the Northerly line of the S Y2 of Section 36; thence S. 89 0 46'47 "E., along the Northerly line of the S Y2 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 0 28'44" 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 0 27'36" W., a distance of 730.32 feet; 2. N. 04 0 32'24" W., a distance of 15.00 feet; 3. S. 85 0 27'36" W., a distance of 100.00 feet; thence S. 04 0 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 1. S. 85 0 27'36" W., a distance of 600.00 feet; 2. N. 04 0 32'24" W., a distance of 15.00 feet; 3. S. 85 0 27'36" W., a distance of 4314.11 feet; thence N. 00 0 15'11" E., a distance of 3025.86 feet; thence S. 89 0 44'49" E., a distance of 3028.50 feet to a point on the Easterly line of the NE Y4 of Section 2, Township 22 South, Range 65 West of 6 th P.M.; thence N. 00 0 17'03" E., along the Easterly line of the NE Y4 of said Section 2, a distance of 955.00 feet to a point on the Northerly line of the NE Y4 of said Section 2 said point also being on the Southerly line of the SWY4 of Section 36, Township 21 South, Range 65 West; thence N. 00 0 54'09" W., along the Westerly line of the SWY4 of said 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 '/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 2377.40 feet to the Point of Beginning and the Present City Limits line said point also being on the Northerly line of the S Y2 of Section 36; thence S. 89 0 46'47 "E., along the Northerly line of the S Y2 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 0 28'44" 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 0 27'36" W., a distance of 730.32 feet; 2. N. 04 0 32'24" W., a distance of 15.00 feet; 3. S. 85 0 27'36" W., a distance of 100.00 feet; thence S. 04 0 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 1. S. 85 0 27'36" W., a distance of 600.00 feet; 2. N. 04 0 32'24" W., a distance of 15.00 feet; 3. S. 85 0 27'36" 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. 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 CC5 . CD Background Paper for Proposed RESOLUTION AGENDA ITEM # 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 AS THE VESTAS ANNEXATION E 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 E submitted by Vestas Towers America, Inc. is comprised of 608.75 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.