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HomeMy WebLinkAbout12332RESOLUTION NO. 12332 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES SECTION 31-12-107 (1) OF THE PETITION FOR THE ANNEXATION OF ST. CHARLES INDUSTRIAL PARK, PHASE 1 DESCRIBED AS EAST OF VESTAS TOWERS AMERICA AND NORTH OF LIME ROAD 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 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 Easterly line 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. II. NEW CITY LIMIT: 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. EXCEPTING THEREFROM: All of the Burlington Northern and Santa Fe Railroad right-of-way. 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, Temporary City Hall, 301 West B Street, Pueblo, Colorado on Monday, April 9, 2012, 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: February 27, 2012 BY: Judy Weaver COUNCIL PERSON Background Paper for Proposed RESOLUTION DATE: FEBRUARY 27, 2012 AGENDA ITEM # M-15 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 ST. CHARLES INDUSTRIAL PARK, PHASE 1 DESCRIBED AS EAST OF VESTAS TOWERS AMERICA AND NORTH OF LIME ROAD 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 Scanio Family LTD, is requesting to annex a 71.00-acre site into the City known as St. Charles Industrial Park, Phase 1. The property is currently zoned in an A-1, Agricultural Zone District within Pueblo County. The applicant will submit applications to zone the property to an I-3, Heavy Industrial Zone District. 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 April 9, 2012 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 April 9, 2012 for a public hearing. The date for the first presentation of the Ordinance for Annexation is scheduled for March 26, 2012. 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.