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
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