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Home My WebLink About12317RESOLUTION NO. 12317 A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS THE ST. CHARLES INDUSTRIAL PARK PHASE 1 ANNEXATION DESCRIBED AS EAST OF VESTAS TOWERS AMERICA AND NORTH OF LIME 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 portion of the SE 1/4 of Section 36, Township 21 South, Range 65 West and a portion of the NE 1/4 of Section 1, Township 22 South, Range 65 West of the 6th P.M. County of Pueblo, State of Colorado and being more particularly described as follows: Commencing at the Northeast corner of Lot 1, Vestas Towers America, according to the recorded plat thereof, as filed for record at Reception No. 1821580 in the Pueblo County records; said point also being on the Westerly right-of-way line of the Burlington Northern and Santa Fe Railroad (Line Segment No. 0477); thence S. 03°00'08" W., along the Easterly line of said Lot 1 and the Westerly right-of-way line of the Burlington Northern and Santa Fe Railroad, a distance of 1361.98 feet to the Point of Beginning; thence S. 86°59'52" E., a distance of 325.00 feet; thence S. 03°00'08" W., a distance of 1393.87 feet to a point on the South line of the SE 1/4 of said Section 36, Township 21 South said point also being on the North line of the NE 1/4 of Section 1, Township 22 South; thence S. 88°25'10" E., along said South line of the SE 1/4 of Section 36, Township 21 South and the North line of the NE 1/4 of Section 1, Township 22 South, a distance of 1000.31 feet; thence S. 03°00'08" W., a distance of 2455.66 feet to a point on the Northerly right-of-way line of Lime road, according to the recorded Quit Claim Deed, as filed for record at Reception No. 1744576 in the Pueblo County records; thence S. 41°45'01" W., along the Northerly right-of-way line of said Lime road, a distance of 190.30 feet to a point on the South line of the NE 1/4 of said Section 1, Township 22 South; thence N. 88°31'41" W., along said South line of the NE 1/4 of said Section 1, Township 22 South, a distance of 1206.32 feet to a point on the Easterly line of said Lot 1 and the Westerly right-of-way line of the Burlington Northern and Santa Fe Railroad (Line Segment No. 0477); thence N. 03°00'08" E., along the Easterlyline of said Lot 1 and the Westerly right-of-way line of the Burlington Northern and Santa Fe Railroad, a distance of 4005.35 feet to the Point of Beginning. EXCEPTING THEREFROM: All of the Burlington Northern and Santa Fe Railroad right-of-way. Containing 71.00 acres, more or less. PROPOSED NEW CITY LIMITS LINE: Commencing at the Northeast corner of Lot 1, Vestas Towers America, according to the recorded plat thereof, as filed for record at Reception No. 1821580 in the Pueblo County records; said point also being on the Westerly right-of-way line of the Burlington Northern and Santa Fe Railroad (Line Segment No. 0477); thence S. 03°00'08" W., along the Easterly line of said Lot 1 and the Westerly right-of-way line of the Burlington Northern and Santa Fe Railroad, a distance of 1361.98 feet to the Point of Beginning and the Present City Limits Line; thence S. 86°59'52" E., a distance of 325.00 feet; thence S. 03°00'08" W., a distance of 1393.87 feet to a point on the South line of the SE 1/4 of said Section 36, Township 21 South said point also being on the North line of the NE 1/4 of Section 1, Township 22 South; thence S. 88°25'10" E., along said South line of the SE 1/4 of Section 36, Township 21 South and the North line of the NE 1/4 of Section 1, Township 22 South, a distance of 1000.31; thence S. 03°00'08" W., a distance of 2455.66 feet to a point on the Northerly right-of-way line of Lime road, according to the recorded Quit Claim Deed, as filed for record at Reception No. 1744576 in the Pueblo County records; thence S. 41°45'01" W., along the Northerly right-of-way line of said Lime road, a distance of 190.30 feet to a point on the South line of the NE 1/4 of said Section 1, Township 22 South; thence N. 88°31'41" W., along said South line of the NE 1/4 of said Section 1, Township 22 South a distance of 1206.32 to a point on the Easterly line of said Lot 1 and the Westerly right-of-way line of the Burlington Northern and Santa Fe Railroad (Line Segment No. 0477) and the Present City Limits line and Point the of Terminus. 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: February 13, 2012 BY: Judy Weaver COUNCIL PERSON Background Paper for Proposed RESOLUTION DATE: FEBRUARY 13, 2012 AGENDA ITEM # M-9 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 ST. CHARLES INDUSTRIAL PARK PHASE 1 ANNEXATION DESCRIBED AS EAST OF VESTAS TOWERS AMERICA AND NORTH OF LIME 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 St. Charles Industrial Park Phase 1 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 St. Charles Industrial Park Phase 1 Annexation comprises 71.0-acres east of Vestas Towers America and north of Lime 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. Subject to the terms and conditions of an annexation agreement, 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. ST. CALL llEDUSTRllAL PANN - PHAZE V ANNEMAT110bN TO Tpila coTr OF PUEBLO A PORTION OF THE SE 7/4 OF SECTION 36, TOWNSHIP 21 SOUTH, RANCE 65 WEST AND A PORTION OF THE NE 1/4 OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST, OF THE 6TH P.M. 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