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Home My WebLink About08513Reception 1920414 09/28/2012 01:12:38 ORDINANCE NO. 8513 AN ORDINANCE ANNEXING UNINCORPORATED MUNICIPALLY OWNED LAND COMMONLY KNOWN AS LIME ROAD AND LEAD TRACK ANNEXATION "A" DESCRIBED AS 11.76 ACRES OF LAND WHEREAS, on June 11, 2012, the Pueblo City Council approved Resolution No. 12422 to purchase approximately 29.2 acres of land; and WHEREAS, the City has applied for and intends to annex the entire 31.95 acres of land in three (3) parts; and WHEREAS, pursuant to §31 -12- 106(3) C.R.S., the City Council has the authority to annex unincorporated municipally owned land by Ordinance without notice of hearing as provided in §31 -12 -108 and 109 C.R.S.; BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following described area situated in Pueblo County, Colorado, is hereby annexed to the City of Pueblo, a Municipal Corporation, and the official map of the City shall be amended to show such annexation: AREA TO BE ANNEXED: A parcel of land located in a portion of the E 1 /2 of Section 36, Township 21 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado, being more particularly described as follows. Beginning at the Northwest corner of Parcel A in St Charles Industrial Park, Filing No. 1 according to the recorded plat thereof as filed for record at Reception No. 1909383 in the Pueblo County records said point also being on the Easterly right -of -way line of the Burlington Northern & Santa Fe Railroad (Line Segment No. 0477); thence N. 03 °00'08" E., a distance of 4096.11 feet to a point on the North line of the E 1 /2 of said Section 36; thence S. 89 °19'24" E., along the North line of the E 1 /2 of said Section 36, a distance of 125.10 feet; thence S. 03 °00'08" W., a distance of 4101.19 feet to a point on the Northerly line of said Parcel A in St. Charles Industrial Park, Filing No. 1; thence N. 86 °59'52" W., along the Northerly line of said Parcel A, a distance of 125.00 feet to the Point of Beginning. Containing 11.76 acres, more or less. 1920414 ORD 09/28/2012 01:12:38 PM Page: 2 of 3 R 21.00 D 0. 00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co II. NEW CITY LIMIT: III ridii I 1°KrI IN MI III Beginning at the Northwest corner of Parcel A in St Charles Industrial Park, Filing No. 1 according to the recorded plat thereof as filed for record at Reception No. 1909383 in the Pueblo County records said point also being on the Easterly right -of -way line of the Burlington Northern & Santa Fe Railroad (Line Segment No. 0477 and the Present City Limits Line; thence N. 03 °00'08" E., a distance of 4096.11 feet to a point on the North line of the E 1 /2 of said Section 36; thence S. 89 °19'24" E., along the North line of the E 1 /2 of said Section 36, a distance of 125.10 feet; thence S. 03 °00'08" W., a distance of 4101.19 feet to a point on the Present City Limits Line and 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. The City Council hereby finds and determines that the City owns the area annexed and it is not solely a public street or right -of -way. SECTION 3. The City Council hereby finds and determines that (i) the annexed area is eligible for annexation as set out in §31- 12- 104(1)(a) and 31 -12 -105 C.R.S., (ii) that not less than one -sixth of the perimeter of the area to be annexed is contiguous with the existing boundaries of the City of Pueblo, (iii) at least fifty percent of the 11.76 acres of land is within the three -mile limit, (iv) the City has in place a plan for the entire 11.76 acres of land to be annexed and (v) an election is not required under §31 -12- 107(2) C.R.S. SECTION 4. Within thirty (30) days after the effective date of the Ordinance, the City Clerk shall: (a) File one copy of the annexation map with the original of this Ordinance in the office of the City clerk: (b) File for recording three certified copies of this Ordinance and annexation map with the Pueblo County Clerk and Recorder; (c) File one certified copy of the annexation map and this Ordinance with the Southeastern Colorado Water Conservancy District. SECTION 5. The City Council hereby consents to the inclusion of the annexed area in the Southeastern Colorado Water Conservancy District pursuant to C.R.S. §37 -45 -136 (3.6). a SECTION 6. This Ordinance shall become effective immediately upon final passage. -,.; — INTRODUCED: SEPTEMBER 10, 2012 . f, %" , To BY Chris Nicoll •� ° COUNCIL PERSON i \.ill r i ./ ��r i II _A APPROVED: jit -4 LLB � ° �tl, o gi p ` PRE • " T 'i F CITY COUNCIL ATTESTED BY: . ITY CLERK PASSED AND APPROVED: September 24, 2012 1920414 ORD 09/28/2012 01:12:38 PM Page: 3 of 3 R 21.00 D 0.00 T 10 Gilbert Ortiz ClerkIRecorder, Pueblo 2. Count y, Co 1111 I '.II1111G 'IK+l I i'li l,P! 1CG4 CINg 44 11111 Background Paper for Proposed ORDINANCE # S-6 DATE: SEPTEMBER 10, 2012 AGENDA ITEM DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JAMES F. MUNCH, ACTING DIRECTOR TITLE AN ORDINANCE ANNEXING UNINCORPORATED MUNICIPALLY OWNED LAND COMMONLY KNOWN AS LIME ROAD AND LEAD TRACK ANNEXATION “A” DESCRIBED AS 11.76 ACRES OF LAND ISSUE Should the City Council approve the proposed annexation of the Lime Road and Lead Track Annexation “A”? RECOMMENDATION Approval of this Ordinance. BACKGROUND City Council approved Resolution No. 12422 and Ordinance No. 8498 for the purpose of obtaining property in connection with the development of the St. Charles Industrial Park, Filing No. 1 and the economic development project for Rocla, Inc. Under the Resolution, the City purchased approximately 29.2 acres of land east of Vestas Towers America, Inc. from Scanio Family, Ltd. for constructing a railroad lead track to serve new industrial development as well as to acquire land for utility placement and access control from Lime Road. The Ordinance approved an IGA with Pueblo County wherein Pueblo County conveyed the Lime Road right-of-way to the City from the current City limit west of the Union Pacific Railroad tracks to the south corner of the east property line of the Rocla plant site. This will also allow the Board of Water Works to extend a water main, which will serve Rocla, without the necessity of obtaining a County 1041 permit. Because the land is in three (3) separate areas, contiguous with existing boundaries of the City of Pueblo, the annexation will be in three (3) parts of which this is Annexation “A” located east of Vestas Towers America, Inc. and north of St. Charles Industrial Park, Filing No. 1. FINANCIAL IMPACT None.