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HomeMy WebLinkAbout11542RESOLUTION NO. 11542 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 B, 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): AREA TO BE ANNEXED 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 26 °49'24 "W (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 3328.78; thence S 88 °51'31 "E, along said north line, a distance of 1782.00 feet to a point on the westerly right of way line of the Denver and Rio Grande Railroad; thence S 02 °49'47 "W, along said westerly right of way line, a distance of 1516.10 feet; thence N 89 °38'47 "W, a distance of 1782.00 feet to the a point on the existing city limits line; thence N 02 °47'48 "E, along said existing city limits line, a distance of 1540.59 feet to the POINT OF BEGINNING. Said parcel contains 62.48 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 26 °49'24 "W (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 3328.78 feet; thence S 88 °51'31 "E, along said north line, a distance of 1782.00 feet to a point on the westerly right of way line of the Denver and Rio Grande Railroad; thence S 02 °49'47 "W, along said westerly right of way line, a distance of 1516.10 feet; thence N 89 °38'47 "W, a distance of 1782.00 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). SFrTinN 9 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 BY: Judy Weaver Councilperson APPR D' } �. PRESIDENTaf City Council A77TSTFD DY: CITY CLERK WHO SRI Background Paper for Proposed RESOLUTION AGENDA ITEM # 4 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 B, 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 B submitted by Village Farms Corporation is comprised of 62.48 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. Tlio FIrA'IMOJ KING ANNE'XAM-1 Iox �.. - 'NNCXA;IGN —B PARCEL i 1 is g 4' / .Cb i �Y e ivp� i I i f I 1 I /I: 6 I= r I , 1 1 I -------- I 1 is g 4' /