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HomeMy WebLinkAbout08514Reception 1920414 09/28/2012 01:12:38 ORDINANCE NO. 8514 AN ORDINANCE ANNEXING UNINCORPORATED MUNICIPALLY OWNED LAND COMMONLY KNOWN AS LIME ROAD AND LEAD TRACK ANNEXATION "B" DESCRIBED AS 18.04 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 1, Township 22 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 a point on the Easterly line of Lot 1 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 Northwesterly right -of -way line of Lime Road as recorded at Reception No. 1797037 in the Pueblo County records; thence along the right -of -way of said Lime Road the following four (4) courses: 1. N. 41 °45'01" E., a distance of 262.68 feet; 2. S. 48 °14'59" E., a distance of 110.00 feet; 3. S. 41 °45'01" W., a distance of 1114.06 feet; 4. Southwesterly along the arc of a curve to the right whose radius is 705.00 feet a distance of 337.96 feet to a point on the point on the Northerly right -of -way line of existing Lime Road as presently located and the Southerly right -of -way line of said Lime Road right -of -way as recorded at Reception No. 1797037 in the Pueblo County records; thence S. 41 °29'00" W., along the Northerly right -of -way line of existing Lime Road right -of -way, a distance of 518.96 feet; thence continuing along the Northerly right -of -way line of existing Lime Road along the arc of a curve to the right whose radius is 225.09 feet, a distance of • 113.35 feet to a point on the Easterly right -of -way line of the Burlington Northern & Santa Fe Railroad (Line Segment No. 0477); thence N. 03 °00'08" E., along the Easterly right -of -way line of the said Burlington Northern & Santa Fe Railroad (Line Segment No. 0477), a distance of 1235.27 feet to a point on the North line of the SE % of said Section 1 said point also being on the Southerly line of said Lot 1 in St. Charles Industrial Park, Filing No. 1; thence S. 88 °31'41" E., along the North line of the SE 1 /4 of said Section land the Southerly line of said Lot 1, a distance of 1006.25 feet to a point on the Southeasterly Line of said Lot I and the Northwesterly right -of -way of said Lime Road; thence N. 41°45'01" E. along the Southeasterly line of said Lot 1 and the Northwesterly right -of -way of said Lime Road, a distance of 190.30 feet to the Point of Beginning. Containing 18.04 acres, more or Tess II. NEW CITY LIMIT: "* Beginning at a point on the Easterly line of Lot 1 in St Charles Industrial Park, Filing No. " 1 according to the recorded plat thereof as filed for record at Reception No. 1909383 in 4,8 the Pueblo County records said point also being on the Northwesterly right -of -way line N�� of Lime Road as recorded at Reception No. 1797037 in the Pueblo County records and ..m the Present City Limits Line; thence along the right -of -way of said Lime Road the mm following four (4) courses: m mm �� 1. N. 41 °45'01" E., a distance of 262.68 feet; mom® 2. S. 48 °14'59" E., a distance of 110.00 feet; 3. S. 41 °45'01" W., a distance of 1114.06 feet; 0 0 4. Southwesterly along the arc of a curve to the right whose radius is 705.00 feet N a distance of 337.96 feet m� m� to a point on the point on the Northerly right -of -way line of existing Lime Road as presently located and the Southerly right -of -way line of Lime Road right -of -way as recorded at Reception No. 1797037 in the Pueblo County records; thence S. 41 °29'00" W., along the Northerly right -of -way line of existing Lime Road right -of -way, a distance of 518.96 feet; thence continuing along the Northerly right -of -way line of existing Lime Road along the arc of a curve to the right whose radius is 225.09 feet, a distance of 113.35 feet to a point on the Easterly right -of -way line of the Burlington Northern & Santa Fe Railroad (Line Segment No. 0477); thence N. 03 °00'08" E., along the Easterly right -of -way line of the said Burlington Northern & Santa Fe Railroad (Line Segment No. 0477), a distance of 1235.27 feet to a point on the North line of the SE 1 /4 of said Section 1 said point also being on the Southerly line of said Lot 1 in St. Charles Industrial Park, Filing No. 1 and 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 18.04 acres of land is within the three -mile limit, (iv) the City has in place a plan for the entire 18.04 acres of land to be annexed and (v) an election is not required under §31 -12- 107(2) C.R.S. _ SECTION 4. U sz Within thirty (30) days after the effective date of the Ordinance, the City Clerk a 'o .3N o - shall: N (a) File one copy of the annexation map with the original of this Ordinance in the office GO -0 of the City clerk: ;5 (b) (b) File for recording three certified copies of this Ordinance and annexation map with the Pueblo County Clerk and Recorder; NN� m im e (c) File one certified copy of the annexation map and this Ordinance with the Southeastern Colorado Water Conservancy District. 1+1 OL gym° -61 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). SECTION 6. This Ordinance shall become effective immediately upon final passage. 44sx.o,G�{ INTRODUCED: SEPTEMBER 10, 2012 /o " p . � (/\ BY: � COUNCIL P- S• � tl NOCR ►.vt pup• 6 • � 71/x' / \,r iti�lrrl�l� till � �' APPROVED: AV a ' RESI P T O' CITY COUNCIL ATTESTED BY: ITY CLERK PASSED AND APPROVED: September 24, 2012 * See Ordinance 8513 for annexation map Background Paper for Proposed ORDINANCE # S-7 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 “B” DESCRIBED AS 18.04 ACRES OF LAND ISSUE Should the City Council approve the proposed annexation of the Lime Road and Lead Track Annexation “B”? 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 where 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 “B” located east of Vestas Towers America, Inc. and south of St. Charles Industrial Park, Filing No.1. FINANCIAL IMPACT None.