HomeMy WebLinkAbout11859RESOLUTION NO. 11859
A RESOLUTION FINDING SUBSTANTIAL
COMPLIANCE WITH COLORADO REVISED
STATUTES SECTION 31 -12 -107 (1) OF THE PETITION
FOR THE ANNEXATION OF BLACK HILLS
ANNEXATION, PHASE 1 DESCRIBED AS EAST OF
BACULITE MESA ROAD AND NORTH OF PETE
JIMENEZ PARKWAY
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
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;
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, a 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.
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, May 24, 2010, 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: April 12, 2010
BY: Vera Ortegon
COUNCILPERSON
APPROVED:
RESIDENT CF CITY CC) UNCIL
ATTESTED BY:
GIB' Y CLERK
Background Paper for Proposed
RESOLUTION
DATE: APRIL 12, 2010 AGENDA ITEM # M -17
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 BLACK HILLS ANNEXATION, PHASE 1 DESCRIBED AS EAST OF
BACULITE MESA ROAD AND NORTH OF PETE JIMENEZ PARKWAY
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
Black Hills /Colorado Electric Utility Company, LP is requesting to annex a 257.32 -acre
site into the City to facilitate the construction of a new natural gas power plant. The
purpose of the new power plant is to provide electrical power to their Southern Colorado
Service Area.
The North East Corridor annexation, comprised of 73.787- acres, approved by City
Council on March 8, 2010, provides the necessary contiguity for the proposed Black
Hills Annexation.
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 May 24, 2010 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 May 24, 2010
for a public hearing. The date for the first presentation of the Ordinance for Annexation
is scheduled for May 10, 2008.
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.