HomeMy WebLinkAbout11841As Amended 03/19/10
RESOLUTION NO. 11841
A RESOLUTION PRELIMINARILY DETERMINING THAT
THE PETITION FOR THE ANNEXATION OF THE BLACK
HILLS ANNEXATION, PHASE 1 DESCRIBED AS EAST OF
BACULITE MESA ROAD AND NORTH OF PETE JIMENEZ
PARKWAY IS VALID UNDER THE PROVISIONS OF THE
COLORADO REVISED STATUTES SECTION 31 -12- 107(1),
TABLING FINAL ACTION ON THE PETITION FOR A
PERIOD 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 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:
PHASE 1 ANNEXATION
A parcel of land, located in the SE 1/4 of the SE 1/4 of Section 10, Township 20 South,
Range 64 West of the 6th P.M., County of Pueblo, State of Colorado, with all the
bearings contained herein based upon a bearing of N88 °01'15 "E, as measured between
the W 1/4 Corner of said Section 10, being marked on the ground by a 3 1/4" aluminum
cap on #6 rebar, PLS 10372, 1989, found in place, and the E 1/4 Corner of said Section
10, being marked on the ground by an original axle, found in place, said parcel being
more particularly described as follows:
Beginning at the Southeast Corner of said Section 10, being marked on the ground by a
3 1/4" aluminum cap, PLS 31161, JR ENG LTD, 2000, 20' W.C. West, found in place;
1. thence along the South line of said SE 1/4 of Section 10, S88 °04'42 "W, a distance of
330.19 feet, to a point, from where the accepted location of the E 1/16 Corner of said
Section 10 and Section 15, said Township and Range, bears S88 °04'42 "W, a distance
of 969.08 feet;
2. thence parallel to the East line of said SE 1/4 of Section 10, N01 °21'33 "W, a
distance of 660.03 feet;
3. thence parallel to said South line of the SE 1/4 of Section 10, N88 °04'42"
E, a distance of 330.19 feet, to a point on said East line of the SE 1/4 of Section 10,
from where said E 1/4 Corner of Section 10 bears N01 °21'33 "W, a distance of 2008.56
feet;
As Amended 03/19/10
4. thence along said East line of the SE 1/4 of Section 10, S01 °21'33 "E, a distance of
660.03 feet,
to the point of beginning.
Said parcel contains 5.003 acres, more or less.
II. NEW CITY LIMIT:
Beginning at a point on the South line of said SE 1/4 of Section 10, from where the
Southeast Corner of said Section 10, being marked on the ground by a 3 1/4" aluminum
cap, PLS 31161, JR ENG LTD, 2000, 20' W.C. West, found in place, bears
N88 °04'42 "E, a distance of 330.19 feet;
1. thence parallel to the East line of said SE 1/4 of Section 10, N01 °21'33 "W, a
distance of 660.03 feet;
2. thence parallel to said South line of the SE 1/4 of Section 10, N88 °04'42"
E, a distance of 330.19 feet, to a point on said East line of the SE 1/4 of Section 10,
from where said E 1/4 Corner of Section 10 bears N01 °21'33 "W, a distance of 2008.56
feet;
3. thence along said East line of the SE 1/4 of Section 10, S01 °21'33 "E, a distance of
660.03 feet,
to the point of terminus.
III. CERTIFICATION OF PERIMETER:
The perimeter of the parcel of land to be annexed, as shown and described hereon,
meets the required 1/6 contiguity with the current city limits of the City of Pueblo.
SECTION 2.
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: March 22, 2010
BY: Vera Ortegon
COUNCILPERSON
APPROVED:
RESIDENT CF CITY CC) UNCIL
ATTESTED BY:
GIB' Y CLERK
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE
ANNEXATION OF THE BLACK HILLS ANNEXATION, PHASE 1 DESCRIBED AS
EAST OF BACULITE MESA ROAD AND NORTH OF PETE JIMENEZ PARKWAY IS
VALID UNDER THE PROVISIONS OF THE COLORADO REVISED STATUTES
SECTION 31 -12- 107(1), TABLING FINAL ACTION ON THE PETITION FOR A PERIOD
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 Black Hills Annexation, Phase 1 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?
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 Black Hills Annexation, Phase 1, submitted by Black Hills /Colorado Electric Utility
Company LP and Black Hills Colorado Independent Power Producers LLC (IPP) is
comprised of 5.003 acres. This Resolution preliminarily determines that the Petition for
Annexation is valid under the provisions of the Colorado Revised Statutes 31 -12 -107
(1). City Council adopted Ordinance No. 7632 on August 13, 2007 establishing
procedures within Section 8, Chapter 6, Title XVII of the Pueblo Municipal Code to
process annexation petitions and zoning applications concurrently. If Council
preliminarily determines the petition to be valid according to CRS 31 -12 -107 (1), then 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
are 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.
CITY OF PUEBLO
ANNEXATION INFORMATION SHEET
Attached is a blank Petition for Annexation to be completed and filed with the City Clerk of
the City of Pueblo together with an original and twenty -four (24) prints of an annexation map
and satisfactory evidence of the names and addresses of all the owners of land within the area
proposed to be annexed. All petitioners must sign the Petition For Annexation within 180 days
before the date of filing with the City Clerk. Prior to filing with the City Clerk all documents
must be reviewed by the City's Director of Land Use.
TO BE COMPLETED BY PETITIONERS
Name of Annexation: Black Hills Annexation P " \ck
Location and size in acres: Section portion of 10& 11 , Township 20 South,
Range 64 , West of the 6th P.M., County of Pueblo, Colorado,
5.003 acres.
100 % of Owners X, Black Hills /Colorado Electric Utility Company, LP and Black Hills
Colorado IPP, LLC • Less than 100% of
owners N/A
School District No. School District No. 70; Special District: City- County Library District,
Lower Arkansas Valley Water Conservancy District.
Annexation Agreement: The City requires the Petitioner to enter into an Annexation
Agreement prior to the effective date of the annexation. Such Agreement shall constitute
conditions of annexation as effectively as if set forth in the Petition for Annexation.
For Office Use Only: Date Reviewed by Director of Land Use 3 -18 -10
Date Petition Filed 3 -17 -10 Filing Fee $ 1,785.00 (includes all 3 phases).
Paid X
Resolution Finding Substantial Compliance adopted
Date of Public Hearing ; Notice of Public Hearing Published:
, and
Copy of published Notice and Petition For Annexation sent by Registered Mail on
to Pueblo County Board of County Commissioners, Pueblo County
Attorney, School District , Southeastern Water Conservancy District, Pueblo Library
District, Other and special district
Upon receipt of this Annexation Information Sheet, Petition For Annexation, 24 prints of the
annexation map, and evidence of ownership, the City Clerk will forward copies of the
Annexation Information Sheet and Petition for Annexation together with the evidence of
ownership and 20 prints of the annexation map to the Director of Land Use and refer the Petition
For Annexation to the City Council as a communication.
CITY OF PUEBLO
PETITION FOR ANNEXATION
TO THE CITY COUNCIL OF PUEBLO, COLORADO:
Pursuant to the Municipal Annexation Act of 1965 and C.R.S. §31- 12- 107(1) the
undersigned landowners within the area proposed for annexation hereby petition the City
Council of the City of Pueblo for annexation to the City of Pueblo (herein "City ") of the
following described unincorporated area located in the County of Pueblo, State of Colorado:
Prepared March 17, 2010
PHASE 1 ANNEXATION
I. AREA TO BE ANNEXED:
A parcel of land, located in the SE 1/4 of the SE 1/4 of Section 10, Township 20 South, Range
64 West of the 6th P.M., County of Pueblo, State of Colorado, with all the bearings contained
herein based upon a bearing of N88 °01'15 "E, as measured between the W 1/4 Corner of said
Section 10, being marked on the ground by a 3 1/4" aluminum cap on #6 rebar, PLS 10372,
1989, found in place, and the E 1/4 Corner of said Section 10, being marked on the ground by an
original axle, found in place, said parcel being more particularly described as follows:
Beginning at the Southeast Corner of said Section 10, being marked on the ground by a 3 1/4"
aluminum cap, PLS 31161, JR ENG LTD, 2000, 20' W.C. West, found in place;
1. thence along the South line of said SE 1/4 of Section 10, S88 °04'42 "W, a distance of 330.19
feet, to a point, from where the accepted location of the E 1/16 Corner of said Section 10 and
Section 15, said Township and Range, bears S88 °04'42 "W, a distance of 969.08 feet;
2. thence parallel to the East line of said SE 1/4 of Section 10, N01 °21'33 "W, a distance of
660.03 feet;
3. thence parallel to said South line of the SE 1/4 of Section 10, N88 °04'42"
E, a distance of 330.19 feet, to a point on said East line of the SE 1/4 of Section 10, from where
said E 1/4 Corner of Section 10 bears N01 °21'33 "W, a distance of 2008.56 feet;
4. thence along said East line of the SE 1/4 of Section 10, S01 °21'33 "E, a distance of 660.03
feet,
to the point of beginning.
Said parcel contains 5.003 acres, more or less.
II. NEW CITY LIMIT:
Beginning at a point on the South line of said SE 1/4 of Section 10, from where the Southeast
Corner of said Section 10, being marked on the ground by a 3 1/4" aluminum cap, PLS 31161,
JR ENG LTD, 2000, 20' W.C. West, found in place, bears N88 °04'42 "E, a distance of 330.19
feet;
1. thence parallel to the East line of said SE 1/4 of Section 10, N01 °21'33 "W, a distance of
660.03 feet;
2. thence parallel to said South line of the SE 1/4 of Section 10, N88 °04'42"
E, a distance of 330.19 feet, to a point on said East line of the SE 1/4 of Section 10, from where
said E 1/4 Corner of Section 10 bears N01 °21'33 "W, a distance of 2008.56 feet;
3. thence along said East line of the SE 1/4 of Section 10, S01 °21'33 "E, a distance of 660.03
feet,
to the point of terminus.
III. CERTIFICATION OF PERIMETER:
The perimeter of the parcel of land to be annexed, as shown and described hereon, meets the
required 1/6 contiguity with the current city limits of the City of Pueblo.
As ground for this annexation, Petitioners state:
1. It is desirable and necessary that the area herein described be annexed to the City.
2. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous
with existing boundaries of the City.
3. This petition for annexation has been signed by persons comprising more that fifty
percent (50 %) of the landowners in the area proposed to be annexed and owning more
than fifty percent (50 %) of the area, excluding public street, alleys, and any land owned
by the City.
4. A community of interest exists between the area proposed to be annexed and the City.
5. The area proposed to be annexed is urban or will be urbanized in the near future.
6. The area proposed to be annexed is integrated with or is capable of being integrated with
the City.
7. No land held in identical ownership, whether consisting of one tract or parcel of real
estate or two or more contiguous tracts or parcels of real estate:
(a) is divided into separate parts or parcels without the written consent of the landowners
thereof, unless such tracts or parcels are separated by a dedicated street, road or other
public way; or,
(b) comprises twenty (20) acres or more and which, together with the buildings and
improvements situated thereon has an assessed value in excess of $200,000.00 for ad
valorem tax purposes for the year preceding the annexation, is included within the
territory proposed to be annexed without the written consent of the landowner or
landowners.
8. The mailing address of each signer, the legal description of the land owned by each
landowner and the date of signing of each signature are shown on this petition.
9. Attached to this petition is the affidavit of the circulator of this petition that each
signature hereon is the signature of the person whose name it purports to be.
10. Accompanying this petition are an original and twenty -four (24) prints of an annexation
map containing the following information:
(a) A written legal description of the boundaries of the area proposed to be annexed;
(b) A map showing the boundary of the area proposed to be annexed. (Such map shall
be prepared by and contain the seal of a Colorado registered engineer or land
surveyor);
(c) Within the annexation boundary map there is shown the location of each ownership
tract in unplatted land and, if part or all of the area is platted, the boundaries and the
plat numbers of plots or of lots and blocks;
(d) Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the City and the area proposed to be annexed with the
dimension of such boundary.
11. The area proposed to be annexed is not presently a part of any incorporated city or town.
12. No part of the area proposed to be annexed is more than three miles in any direction from
any point of the boundaries of the City as such was established more than one year before
this annexation will take place.
13. As condition of and in consideration of the City annexing the area proposed to be
annexed, Petitioners, for themselves and their heirs, personal representatives, successors
and assigns:
(a) Waive and release all previously acquired or existing vested property rights
attached to or established with respect to the area proposed to be annexed and
acknowledge and agree that the annexation of the area proposed to be annexed is
not a site specific development plan and no vested property right shall attach to or
be established with respect to the area proposed to be annexed.
(b) Acknowledge and agree that upon the annexation of the area proposed to be
annexed and, subject to the provisions of the Annexation Agreement, 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.
(c) "Vested property right" and "site specific development plan" shall have the same
meaning as set forth in Chapter 12 of Title XVII of the 1971 Code of Ordinances of
the City and Article 60, Title 24, C.R.S.
14. Petitioners consent and agree to the following conditions:
(a) Petitioners and the City shall enter into an Annexation Agreement prior to the
effective date of this annexation.
(b)
(c)
(d)
(e)
WHEREFORE, Petitioners request that the City Council of Pueblo approve the annexation of the
above described area to the City of Pueblo (all Petitioners must sign this Petition within 180 days
prior to the date of filing with the City Clerk.
MAILING LEGAL DATE OF
SIGNATURE ADDRESS DESCRIPTION SIGNING
, Black Hills /Colorado Electric Black Hill Annexation 3/11/10
Utility Company LP Phase 1 (see attached)
1515 Wynkoop Street, #500
Denver, CO 80202
Black Hills Colorado IPP, LLC Black Hill Annexation 3/11/10
1515 Wynkoop Street, #500 Phase 1 (see attached)
Denver, CO 80202
CIRCULATOR'S OATH
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The undersigned of lawful age being first duly sworn upon oath deposes and states that I
circulated the foregoing Petition For Annexation and that each signature therein is the signature
of the person whose name it purports to be. j
111 Ah L Circ
•
Subscribed and affirmed, or sworn to, before me in the County of rulbla
State of Loki do , this day of MCtnch
20 la. ,
By Rrn+�S 6. - 3 pQ(C mor\L .
Witness my hand and official seal.
My commission expires: I f - dou
(SEAL) - -6 t.ic-
Notary Public • r official title)
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