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HomeMy WebLinkAbout13491RESOLUTION NO. 13491 A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS THE PARC DES PRINCES PARCEL A ANNEXATION DESCRIBED AS EAST OF STATE HIGHWAY 47 AND SOUTH OF BACULITE MESA 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, NOW, THEREFORE, 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 PARCEL OF LAND BEING A PORTION OF THE SE 1/4 OF THE SE 1/4 OF SECTION 21, TOWNSHIP 21 SOUTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE SAID SE 1/4 OF THE SE 1/4 OF SECTION 21, SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 47 WHICH IS ALSO THE EXISTING CITY LIMITS LINE, FROM WHICH THE NE CORNER OF THE SAID SE 1/4 OF THE SE 1/4 OF SECTION 21 BEARS N 89°00'35" E, (BEARINGS BASED ON THE EAST LINE OF THE SE 1/4 OF THE SE 1/4 OF SECTION 21, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MONUMENTED AT THE NE CORNER OF THE SAID SE 1/4 OF THE SE 1/4 WITH A 2 1/2" ALUMINUM CAP P.L.S. NO. 11550 AND MONUMENTED AT THE SE CORNER WITH A NO. 6 REBAR WITH 2 1/2" ALUMINUM CAP P.L.S. NO. 16128, ASSUMED TO BEAR S 01°18'05" E), A DISTANCE OF 832.58 FEET; THENCE N 89°00'35" E, ALONG SAID NORTH LINE OF THE SE 1/4 OF THE SE 1/4 OF SECTION 21, A DISTANCE OF 832.58 FEET TO A POINT ON THE EAST LINE OF THE SAID SE 1/4 OF THE SE 1/4 OF SECTION 21; THENCE S 01°18'05" E, ALONG SAID EAST LINE, A DISTANCE OF 654.46 FEET; THENCE S 88°55'26" W, A DISTANCE OF 926.02 FEET TO A POINT ON THE SAID EXISTING CITY LIMITS LINE; THENCE ALONG SAID EXISTING CITY LIMITS LINE THE FOLLOWING THREE (3) COURSES: 1) N 04°14'38" W, A DISTANCE OF 27.09 FEET; 2) N 45°03'20" W, A DISTANCE OF 40.20 FEET; 3.) N 10°15'55" E, A DISTANCE OF 611.67 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 13.50 ACRES, MORE OR LESS. PROPOSED NEW CITY LIMITS LINE: A PARCEL OF LAND BEING A PORTION OF THE SE 1/4 OF THE SE 1/4 OF SECTION 21, TOWNSHIP 21 SOUTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE SAID SE 1/4 OF THE SE 1/4 OF SECTION 21, SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 47 WHICH IS ALSO THE EXISTING CITY LIMITS LINE, FROM WHICH THE NE CORNER OF THE SAID SE 1/4 OF THE SE 1/4 OF SECTION 21 BEARS N 89°00'35" E, (BEARINGS BASED ON THE EAST LINE OF THE SE 1/4 OF THE SE 1/4 OF SECTION 21, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MONUMENTED AT THE NE CORNER OF THE SAID SE 1/4 OF THE SE 1/4 WITH A 2 1/2" ALUMINUM CAP P.L.S. NO. 11550 AND MONUMENTED AT THE SE CORNER WITH A NO. 6 REBAR WITH 2 1/2" ALUMINUM CAP P.L.S. NO. 16128, ASSUMED TO BEAR S 01°18'05" E), A DISTANCE OF 832.58 FEET; THENCE N 89°00'35" E, ALONG SAID NORTH LINE OF THE SE 1/4 OF THE SE 1/4 OF SECTION 21, A DISTANCE OF 832.58 FEET TO A POINT ON THE EAST LINE OF THE SAID SE 1/4 OF THE SE 1/4 OF SECTION 21; THENCE S 01°18'05" E, ALONG SAID EAST LINE, A DISTANCE OF 654.46 FEET; THENCE S 88°55'26" W, A DISTANCE OF 926.02 FEE TO A POINT ON THE SAID EXISTING CITY LIMITS LINE AND THE POINT 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. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. SECTION 5. This Resolution shall become effective immediately upon passage and approval. INTRODUCED August 8, 2016 BY: Ed Brown City Clerk’s Office Item # M-6 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: August 8, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Department of Planning & Community Development SUBJECT: A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS THE PARC DES PRINCES PARCEL A ANNEXATION DESCRIBED AS EAST OF STATE HIGHWAY 47 AND SOUTH OF BACULITE MESA 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 SUMMARY: The City Clerk received an annexation petition for a 13.5 acre area located east of State Highway 47 and south of Baculite Mesa Road. This resolution will determine if the petition for annexation is valid under the provisions of Colorado Revised Statutes Section 31-12- 107(1), tables final action on the petition for a period not more than 180 days, and refers the petition to the Planning and Zoning Commission for review and recommendation. PREVIOUS COUNCIL ACTION: The petition for annexation was submitted to City Council as a communication item on July 25, 2016. BACKGROUND: The PARC DES PRINCES PARCEL A ANNEXATION is the first of a two-phase annexation of property located east of State Highway 47 and south of Baculite Mesa Road. This petition is for Area A comprised of 13.5 acres. 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 IMPLICATIONS: 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. 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. BOARD/COMMISSION RECOMMENDATION: None at this point, in the review process. STAKEHOLDER PROCESS: N/A ALTERNATIVES: None. 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 that the petition is valid according to Colorado Revised Statutes. Attachments: Plat of Proposed Annexation Area Prepared by Cardinal Points Surveying, Inc.