HomeMy WebLinkAbout11541RESOLUTION NO. 11541
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 TOMATO KING
ANNEXATION A, DESCRIBED AS LAND SOUTH OF
MINNEQUA INDUSTRIAL PARK, THIRD FILING, EAST OF
INTERSTATE 25
WHEREAS, a Petition for Annexation of the area described in Section 1 hereof
has been filed with the City Clerk,
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):
• : _ OM NOWW91
A parcel of land being a portion of Section 25 and Section 26, Township 21 South,
Range 65 West of the 6th Principal Meridian, County of Pueblo, State of Colorado, said
parcel being more particularly described as follows:
BEGINNING at a point on the north line of that parcel of land described in that Warranty
Deed, filed for record May 20, 2003 at Reception No. 1502179 in the records of the
Pueblo County Clerk and Recorder, said point also being on the existing city limits line,
from which the SW corner of said Section 25 bears S 31'21'16"E (bearings based on
the south line of said Section 25 monumented at each end with a 1" square bar in
concrete assumed to bear S 89 °29'11" E), a distance of 3556.83 feet; thence S
88 °51'31 "E, along said north line, a distance of 3353.48 feet; thence S 02 °47'48 "W, a
distance of 1540.59 feet; thence
N 89 °38'47 "W, a distance of 3428.76 feet to a point on the existing city limits line;
thence along said existing city limits line, the following two (2) courses:
1) N 03 °43'22 "E, a distance of 1466.32 feet;
2) N 24 °44'31 "E, a distance of 133.41 feet to the POINT OF BEGINNING.
Said parcel contains 122.47 acres, more or less.
PROPOSED NEW CITY LIMITS LINE:
A parcel of land being a portion of Section 25 and Section 26, Township 21 South,
Range 65 West of the 6th Principal Meridian, County of Pueblo, State of Colorado, said
parcel being more particularly described as follows:
BEGINNING at a point on the north line of that parcel of land described in that Warranty
Deed, filed for record May 20, 2003 at Reception No. 1502179 in the records of the
Pueblo County Clerk and Recorder, said point also being on the existing city limits line,
from which the SW corner of said Section 25 bears S 31'21'16"E (bearings based on
the south line of said Section 25 monumented at each end with a 1" square bar in
concrete assumed to bear S 89 °29'11" E), a distance of 3356.83 feet; thence S
88 °51'31 "E, along said north line, a distance of 3353.48 feet; thence S 02 °47'48 "W, a
distance of 1540.59 feet; thence N 89 °38'47 "W, a distance of 3428.76 feet to a point on
the existing city limits line and the POINT OF TERMINUS.
CERTIFICATION OF PERIMETER:
At least one -sixth of the area to be annexed is contiguous with existing City Limits Line,
as continuity is permitted across public land as set forth in Section 31 -12 -104 Et. Seq.
Colorado Revised Statutes 1994 (as amended).
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 Monday, April 13, 2009 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: March 9, 2009
7
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CITY CLERK
Judy Weaver
Councilperson
APPR D' } �.
PRESIDENTaf City Council
WHO SRI
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 3
DATE: MARCH 9, 2009
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 TOMATO KING
ANNEXATION A, DESCRIBED AS LAND SOUTH OF MINNEQUA INDUSTRIAL
PARK, THIRD FILING, EAST OF INTERSTATE 25
ISSUE
Shall the City Council approve and adopt findings and determination concerning the proposed
annexation?
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 approve the
Resolution.
BACKGROUND
The Tomato King Annexation A submitted by Village Farms Corporation is comprised of 122.47
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 April 13, 2009 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 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 April 13, 2009 for a public
hearing. The date for the first presentation of the Ordinance for Annexation is scheduled for
March 23. 2009.
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.
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