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Home My WebLink About08515Reception 1920415 09/28/2012 01:12:38 • ORDINANCE NO. 8515 AN ORDINANCE ANNEXING UNINCORPORATED MUNICIPALLY OWNED LAND COMMONLY KNOWN AS LIME ROAD AND LEAD TRACK ANNEXATION "C" DESCRIBED AS 2.15 ACRES OF LAND WHEREAS, on July 23, 2012, the Pueblo City Council approved Ordinance No. 8498 to approve the Intergovernmental Agreement with Pueblo County for conveyance of land underlying the existing and future alignment of Lime Road to the City; 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 South 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. Commencing at the S 1 /4 Corner of Section 1, Township 22 South, Range 65 West of the 6 P.M.; thence N. 53 °37'35" W., a distance of 3228.58 feet to the Point of Beginning said Point being on the Northerly right -of -way line of Lime Road in Vestas Towers America according to the recorded plat thereof as filed for record at Reception No. 1821580 in the Pueblo County records and also being on the Westerly right -of -way line of the Burlington Northern & Santa Fe Railroad (Line Segment No. 0477); thence S. 03 °00'08" W., along the Westerly right -of -way line of the Burlington Northern & Santa Fe Railroad (Line Segment No. 0477); a distance of 110.83 feet; to a point on the Southerly right -of -way line of said Lime Road as recorded in the Pueblo County records; thence along the right -of -way line of said Lime Road the following three (3) courses: 1. S. 85 °59'00" W., a distance of 716.78 feet; 2. S. 04 °01'00" E., a distance of 15.00 feet; 3. S. 85 °59'00" W., a distance of 100.00 feet to a point on the Easterly right -of -way line of said Lime Road in Vestas Towers America; thence along the right -of -way of said Lime in Vestas Towers America the following four (4) courses: 1920417 ORD 09/28/2012 01:12:38 PM Page: 2 of 3 R 2 1.00 D 0.00 T 21.00 Gilbert O rtiz Clerk / Recorder, Pueblo County Co III 10110144141alitAl 1111 1. N. 04 °01'00" W., a distance of 140.00 feet; 2. N. 85 °59'00" E., a distance of 100.00 feet; 3. S. 04 °01'00" E., a distance of 15.00 feet; 4. N. 85 °59'00" E., a distance of 730.32 feet to the Point of Beginning. Containing 2.15 acres, more or Tess II. NEW CITY LIMIT: Commencing at the S Y4 Corner of Section 1, Township 22 South, Range 65 West of the 6 P.M.; thence N. 53 °37'35" W., a distance of 3228.58 feet to the Point of Beginning said Point being on the Northerly right -of -way line of Lime Road in Vestas Towers America according to the recorded plat thereof as filed for record at Reception No. 1821580 in the Pueblo County records and the Westerly right -of -way line of the Burlington Northern & Santa Fe Railroad (Line Segment No. 0477) and the present City Limits line; thence S. 03 °00'08" W., along the Westerly right -of -way line of the Burlington Northern & Santa Fe Railroad (Line Segment No. 0477); a distance of 110.83 feet; to a point on the Southerly right -of -way line of said Lime Road as recorded in the Pueblo County records; thence along the Southerly right -of -way line of said Lime Road the following three (3) courses: 1 S. 85 °59'00" W., a distance of 716.78 feet; 2 S. 04 °01'00" E., a distance of 15.00 feet; 3 S. 85 °59'00" W., a distance of 100.00 feet to 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 2.15 acres of land is within the three -mile limit, (iv) the City has in place a plan for the entire 2.15 acres of land to be annexed and (v) an election is not required under §31 -12- 107(2) C.R.S. 1920417 ORD 09/28/2012 01:12:38 PM Page: 3 of 3 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co SECTION 4. 111 in IT i 'I 11411rM{rli'i, firli fig Ilsilar Will 1111 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). SECTION 6. This Ordinance shall become effective immediately upon final passage. INTRODUCED: SEPTEMBER 10, 2012 0 l � , I c `ti � / / j BY: Chris Nicoll ! COUNCIL PERSON ,�1 44-'1' APPROVED: , ` P' " !� E T • CITY COUNCIL ATTESTED BY: _ — 1 i• ITY CLERK PASSED AND APPROVED: September 24, 2012 *See Ordinance 8513 for annexation map Background Paper for Proposed ORDINANCE # S-8 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 “C” DESCRIBED AS 2.15 ACRES OF LAND ISSUE Should the City Council approve the proposed annexation of the Lime Road and Lead Track Annexation “C”? 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 “C” located at the southeast corner of Vestas Towers America, Inc. FINANCIAL IMPACT None.