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HomeMy WebLinkAbout11860RESOLUTION NO. 11860 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 2 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 2 ANNEXATION A parcel of land, located in the SE 1/4 of the SE 1/4 of Section 10, and the SW 1/4 of the SW 1/4 of Section 11, 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 said East line of the SE 1/4 of said Section 10, N01 °21'33 "W, a distance of 660.03 feet, to a point, from where said E 1/4 Corner of Section 10 bears N01 °21'33 "W, a distance of 2008.56 feet; 2. thence parallel to said South line of the SE 1/4 of Section 10, S88 °04'42 "W, a distance of 330.19 feet; 3. thence parallel to said East line of the SE 1/4 of Section 10, S01 °21'33 "E, a distance of 660.03 feet, the a point on the South line of said SE 1/4 of Section 10, from where said Southeast Corner of Section 10 bears N88 °04'42 "E, a distance of 330.19 feet; 4. thence along said South line of the SE 1/4 of Section 10, S88 °04'42 "W, a distance of 969.08 feet, to the accepted location of the E 1/16 Corner of said Section 10 and Section 15, said Township and Range, being marked on the ground by an original axle, found in place; 5. thence along the North -south centerline of said SE 1/4 of Section 10, N01 °25'38 "W, a distance of 1332.62 feet, to the SE 1/16 Corner of said Section 10; 6. thence along the East -west centerline of said SE 1/4 of Section 10, N88 °02'58 "E, a distance of 1300.85 feet, to the S 1/16 Corner of said Sections 10 and 11; 7. thence along the East -west centerline of said SW 1/4 of Section 11, N89'01'1 8"E, a distance of 1371.82 feet, to the SW 1/16 Corner of said Section 11; 8. thence along the North -south centerline of said SW 1/4 of Section 11, S01 °03'46 "E, a distance of 1331.16 feet, to the W 1/16 Corner of said Section 11 and Section 14, said Township and Range; 9. thence along the South line of Section 11, S88 °53'28 "W, a distance of 1364.91 feet; to the point of beginning. Said parcel contains 76.673 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 along said South line of the SE 1/4 of Section 10, S88 °04'42 "W, a distance of 969.08 feet, to the accepted location of the E 1/16 Corner of said Section 10 and Section 15, said Township and Range, being marked on the ground by an original axle, found in place; 2. thence along the North -south centerline of said SE 1/4 of Section 10, N01 °25'38 "W, a distance of 1332.62 feet, to the SE 1/16 Corner of said Section 10; 3. thence along the East -west centerline of said SE 1/4 of Section 10, N88 °02'58 "E, a distance of 1300.85 feet, to the S 1/16 Corner of said Sections 10 and 11; 4. thence along the East -west centerline of said SW 1/4 of Section 11, N89'01'1 8"E, a distance of 1371.82 feet, to the SW 1/16 Corner of said Section 11; 5. thence along the North -south centerline of said SW 1/4 of Section 11, S01 °03'46 "E, a distance of 1331.16 feet, to the W 1/16 Corner of said Section 11 and Section 14, said Township and Range; 6. thence along the South line of Section 11, S88 °53'28 "W, a distance of 1364.91 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. 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 -18 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 2 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.