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HomeMy WebLinkAbout11795RESOLUTION NO. 11795 A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS SOUTHERN COLORADO CLINIC ANNEXATION DESCRIBED AS SOUTH OF HIGHWAY 50 WEST, NORTH OF THE YMCA COMMUNITY CAMPUS AND EAST OF WILDHORSE ROAD IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTION 31 -12 -107 (1), TABLING FINAL ACTION ON THE PETITION FOR A PERIOD OF NOT MORE THAN 180 DAYS, AND REFERRING THE PETITION TO THE PLANNING AND ZONING COMMISSION FOR REVIEW AND RECOMMENDATION 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 ( "Petition ") of the following described area situated in Pueblo County, Colorado, is hereby preliminarily found and determined to be valid under the provisions of C.R.S. §31 -12 -107 (1): AREA TO BE ANNEXED: A parcel of land being a portion of Wiley's Park Heights, according to the recorded plat thereof, filed for record May 31, 1890 at Reception No. 40353 in the records of the Pueblo County Clerk and Recorder, located within a portion of the NE 1/4 of Section 15, Township 20 South, Range 65 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: BEGINNING at a point on the south line of said NE 1/4 of Section 15, form which the E 1/4 corner of said Section 15 bears N 88 °40'53 "E (bearings based on the east line of the NE 1/4 of Section 15, Township 20 South, Range 65 West of the Sixth Principal Meridian, monumented at the E 1/4 corner with a No. 6 rebar with 2 1/2" aluminum cap P.L.S. No. 10402 and monumented at the NE corner with an axle with 2 1/2" Brass Cap P.L.S. No. 10402, assumed to bear N 01'36'02"W), a distance of 945.01 feet; thence S 88 °41'03 "W, along said south line of the NE 1/4 of Section 15, a distance of 1330.02 feet to a point on the easterly line of Park West Business Campus, Filing No. 4, according to the recorded plat thereof, field for record September 19, 2006 at Reception No. 1694052 in the records of the Pueblo County Clerk and Recorder; thence along said easterly line of Park West Business Campus, Filing No. 4, the following seven (7) courses: 1) N 01'35'39"W, a distance of 419.19 feet; 2) S 88 °24'21 "W, a distance of 162.50 feet; 3) N 01'35'39"W, a distance of 230.01 feet; 4) S 88 °24'21 "W, a distance of 96.22 feet; 5) N 01'35'35"W, a distance of 30.00 feet; 6) N 24 °51'05 "W, a distance of 91.87 feet; 7) S 88 °24'25 "W, a distance of 34.47 feet to a point on the west line of said NE 1/4 of Section 15; thence N 01'36'22"W, along said west line, a distance of 517.14 feet to a point on the southerly right -of -way line of U.S. Highway No. 50; thence along said southerly right -of -way line, the following five (5) courses: 1) N 88 °29'43 "E, a distance of 356.27 feet; 2) S 80 °39'37 "E, a distance of 931.93 feet; 3) N 88 °31'53 "E, a distance of 200.12 feet; 4) along the arc of a non - tangent curve to the left whose center bears N 13 °09'22 "E, having a central angle of 03 °09'01" and a radius of 5855.00 feet, a distance of 321.91 feet; 5) S 79 °58'26 "E, a distance of 142.70 feet to a point on the westerly right -of -way line of the A.T. & S.F. Railroad; thence along said westerly right -of -way line, the following five (5) courses: 1) S 01'35'39"E, a distance of 21.67 feet; 2) S 88 °24'21 "W, a distance of 125.00 feet; 3) S 01'35'39"E, a distance of 660.00 feet; 4) S 88 °24'21 "W, a distance of 140.00 feet; 5) S 01'35'39"E, a distance of 325.66 feet to the POINT OF BEGINNING. Said Annexation Parcel contains 43.55 acres more or less. PROPOSED NEW CITY LIMITS LINE: A parcel of land being a portion of Wiley's Park Heights, according to the recorded plat thereof, filed for record May 31, 1890 at Reception No. 40353 in the records of the Pueblo County Clerk and Recorder, located within a portion of the NE Y4 of Section 15, Township 20 South, Range 65 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: BEGINNING at a point on the south line of the said NE 1/4 of Section 15, form which the E 1/4 corner of said Section 15 bears N 88 °40'53 "E (bearings based on the east line of the NE 1/4 of Section 15, Township 20 South, Range 65 West of the Sixth Principal Meridian, monumented at the E 1/4 corner with a No. 6 rebar with 2 1/2" aluminum cap P.L.S. No. 10402 and monumented at the NE corner with an axle with 2 1/2" Brass Cap P.L.S. No. 10402, assumed to bear N 01'36'02"W), a distance of 945.01 feet, said point also being on the westerly right -of- way line of and A.T. & S.F. Railroad and on the existing city limits line; thence along said westerly right -of -way line, the following five (5) courses: 1) N 01'35'39"W, a distance of 325.66 feet; 2) N 88'24'21"E, a distance of 140.00 feet; 3) N 01'35'39"W, a distance of 660.00 feet; 4) N 88'24'21"E, a distance of 125.00 feet; 5) N 01'35'39"W, a distance of 21.67 feet to a point on the southerly right -of -way line of U.S. Highway No. 50; thence along said southerly right -of -way line, the following five (5) courses: 1) N 79 °58'26 "W, a distance of 142.70 feet; 2) along the arc of a non - tangent curve to the right whose center bears N 10 °00'22 "W, having a central angle of 03 °09'01" and a radius of 5855.00 feet, a distance of 321.91 feet; 3) S 88 °31'53 "W, a distance of 200.12 feet; 4) N 80 °39'37 "W, a distance of 931.93 feet; 5) S 88 °29'43 "W, a distance of 356.27 feet to the POINT OF TERMINUS being a point on the west line of the said NW 1/4 of Section 15 and the existing city limits line. SFrTinN 9 Final action on the Petition is hereby tabled for a period of not more than one hundred eighty (180) days and the Petition is hereby referred to the Planning and Zoning Commission for review and recommendation. SECTION 3. Upon receipt of the recommendation of the Planning and Zoning Commission, the City Council, without undue delay, shall make a final determination by resolution whether the petition substantially complies with the applicable requirements of Section 31 -12- 107(1), C.R.S. and establish the date, time and place the City Council will hold a public hearing to determine if the proposed annexation complies with sections 31 -12- 104 and 31 -12 -105, C.R.S. or such parts thereof as may be required to establish eligibility for annexation. INTRODUCED: January 25, 2010 BY: Vera Ortegon COUNCILPERSON APPROVED: RESIDENT CF CITY CC) UNCIL ATTESTED BY: GIB' Y CLERK Background Paper for Proposed RESOLUTION AGENDA ITEM # M -6 DATE: JANUARY 25, 2010 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS SOUTHERN COLORADO CLINIC ANNEXATION DESCRIBED AS SOUTH OF HIGHWAY 50 WEST, NORTH OF THE YMCA COMMUNITY CAMPUS AND EAST OF WILDHORSE ROAD IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTION 31 -12- 107 (1), TABLING FINAL ACTION ON THE PETITION FOR A PERIOD OF NOT MORE THAN 180 DAYS, AND REFERRING THE PETITION TO THE PLANNING AND ZONING COMMISSION FOR REVIEW AND RECOMMENDATION ISSUE Shall the City Council determine the petition for annexation of the area commonly known as the Southern Colorado Clinic Annexation is valid under the provisions of Colorado Revised Statutes Section 31 -12- 107(1), table final action on the petition for a period not more than 180 days, and refer the petition to the Planning and Zoning Commission for review and 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 preliminarily find the petition valid according to Colorado Revised Statutes. BACKGROUND The Southern Colorado Clinic Annexation comprises 43.55 -acres south of Highway 50 West, north of the YMCA Community Campus and east of Wildhorse Road. This Resolution preliminarily determines that the petition for annexation is valid under the provisions of the Colorado Revised Statutes 31 -12- 107(1). In accordance with the procedure established in the Pueblo Municipal Code the final action on the petition is tabled for a period of not more than one hundred eighty (180) days and the petition is referred to the Planning and Zoning Commission for review and recommendation. FINANCIAL IMPACT The Petitioner acknowledges and agrees that upon the annexation of the area proposed to be annexed, the area shall become subject to the Charter, Ordinances, Resolutions, rules and regulations of the City, but that the City shall have no obligation to furnish or extend municipal services, including but not limited to sanitary sewer services, to the area proposed to be annexed. The City of Pueblo will provide police and fire protection services to the property; in addition the public roads and sanitary sewer main extensions will be maintained by the City of Pueblo once they have been constructed and accepted by the City.