HomeMy WebLinkAbout12269RESOLUTION NO. 12269
A RESOLUTION PRELIMINARILY DETERMINING THAT
THE PETITION FOR THE ANNEXATION OF THE AREA
COMMONLY KNOWN AS SOUTHERN COLORADO
CLINIC ANNEXATION DESCRIBED AS THE 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, said
point also being on the easterly right-of-way line of the A.T. & S.F.
Railroad, from 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 1300.02 feet to a point on the easterly
right-of-way line of Torpy Street; thence N 01°35’39”W, along said
easterly right-of-way line of Torpy Street, a distance of 419.33 feet to the
SW corner of Lot 8, Block 131 of said Wiley’s Park Heights; thence S
88°24’21”W and along the southerly line of Lot 41, Block 132 of said Park
West Business Campus, Filing No. 4, a distance of 185.00 feet to the SW
corner of said Lot 41; thence N 01°35’39”W, along the easterly right-of-
way line of the Alley within said Block 132, a distance of 259.99 feet to SW
corner of Lot 25, Block 117 of said Wiley’s Park Heights; thence S
th
88°28’22”W, along the northerly right-of-way line of 37 Street, a distance
of 103.77 feet to a point on the east line of Park West Business Campus
Filing No. 4; thence N 24°51’05”W, along said easterly line of Park West
Business Campus Filing No. 4, a distance of 91.75 feet to a point on the
easterly right-of-way line of Scott Street; thence N 01°35’39”W, along said
easterly right-of-way line of Scott Street, a distance of 517.09 feet to the
NW corner of said Block 117, said point also being on the southerly right-
of-way line of U.S. Highway No. 50; thence along said southerly right-of-
way line of U.S. Highway No. 50, the following five (5) courses:
1) N 88°29'43"E, a distance of 321.70 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 of the A.T. & S.F. Railroad,
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 42.74 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 ¼ 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,
said point also being on the easterly right-of-way line of the A.T. & S.F.
Railroad being on the existing city limits line, from 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 along said
westerly right-of-way line of the A.T. & S.F. Railroad, 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"E, 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 321.70 feet to the POINT OF TERMINUS
being the NW corner of Block 117 of said Wiley's Park Heights and the
existing city limits line.
SECTION 2.
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 November 28, 2011
BY: Judy Weaver
COUNCILPERSON
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # M-2
DATE: NOVEMBER 28, 2011
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 THE 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
Should 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?
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.