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HomeMy WebLinkAbout09155Reception 2082649 09/19/2017 10:12:55 AM ORDINANCE NO. 9155 AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS AIRPORT WEST ANNEXATION, PHASE 2 DESCRIBED AS 287.387 ACRES OF LAND LOCATED WEST OF NORTH 27TH LANE AND NORTH OF RAWLINGS BOULEVARD WHEREAS, the City Planning and Zoning Commission has recommended that the area described in Section 1 hereof be annexed to the City of Pueblo; and, WHEREAS, the City Council has heretofore found and determined by Resolution that the Petition for Annexation and the area described in Section 1 hereof to be in compliance with the notice and other applicable provisions of the Municipal Annexation Act of 1965 and C.R.S. §31- 12-104, 105 and 107(1); and, WHEREAS, the City Council has by Resolution found and determined that an election is not required under C.R.S. §31-12-107 (2) and no additional terms and conditions are to be imposed upon the area described in Section 1 other than those set forth in the Petition for Annexation and the Annexation Agreement; 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 Pueblo, a Municipal Corporation, subject to the terms and conditions set forth in the Petition for Annexation and the Annexation Agreement, and the official map of the City shall be amended to show such annexation: I. AREA TO BE ANNEXED: A parcel of land, located in the N 1/2 of Section 15, Township 20 South, Range 64 West of the 6th P.M., County of Pueblo, State of Colorado, with all the bearings contained herein based upon a bearing of N88°04'28"E, as measured between the W 1/4 Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap on #6 rebar, PLS 31161, 2000, found in place, and the E 1/4 Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap on #6 rebar, PLS 10093, 19840, found in place, said parcel being more particularly described as follows: PARCEL 1 Beginning at the NW Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap, PLS 31161, 2000, found in place; 1) thence along the North line of said Section 15, N88°05'36"E, a distance of 2595.90 feet, to the N 1/4 Corner of said Section 15, being marked on the ground by a 3 1/4"aluminum cap, PLS 31161, 2000, found in place; 2) thence continuing along said North line of Section 15, N88°04'42"E, a distance of 2268.34 feet, to a point on the West right-of-way line of North 27th Lane, recorded under 20826498ORD 09/19/2017 10:12:55 AM Palbert2ortf z4Clerk2//Reoo d r0 Pu0bTo28o 00y Co VIII PPM Il./1L 'L61Vlihil: «U�'r, �K��id 11111 said Reception No. 1893083; 3) thence along said West right-of-way line, S01°21'42"E, a distance of 2638.65 feet, to a point on the North right-of-way line of Rawlings Boulevard, recorded under said Reception No. 1893083; 4) thence along said North right-of-way line, the following four (4) courses: 1) S88°04'28"W, a distance of 3607.13 feet; 2) 646.61 feet, along a curve to the left, having a radius of 1310.00 feet, a tangent of 330.03 feet, a delta of 28°16'52", and a chord of 640.07 feet that bears S73°56'03"W; 3) S59°47'37"W, a distance of 100.00 feet; 4) 573.24 feet, along a curve to the right, having a radius of 1160.00 feet, a tangent of 292.60 feet, a delta of 28°18'51", and a chord of 567.43 feet that bears S73°57'02"W, to a point on the West line of said Section 15; 5) thence N01°23'28"W, a distance of 342.23 feet, to the West 1/4 Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap on #6 rebar, PLS 31161, 2000, found in place; 6) thence along said West line of the Section 15, N01°23'23"W, a distance of 1649.78 feet, to the Southeast Corner of the property recorded under Reception No. 1399111; 7) thence along the South line of said property recorded under Reception No. 1399111, N88°05'11"E, a distance of 1297.95 feet, to a point of the East line of the NW 1/4 of the NW 1/4 of said Section 15; 8) thence along said East line of the NW 1/4 of the NW 1/4 of Section 15, N01°23'23"W, a distance of 405.41 feet, to the Northwest Corner of the property recorded under Reception No. 1267842; 9) thence along the North line of said property recorded under Reception No. 1267842, S88°05'19"W, a distance of 1297.95 feet, to a point on said West line of Section 15; 10) thence along said West line of Section 15, N01°23'23"W, a distance of 584.41 feet, to the point of beginning. Said Parcel contains 287.387 acres, more or less. II. NEW CITY LIMIT: Beginning at the NW Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap, PLS 31161, 2000, found in place; 10)thence along the North line of said Section 15, N88°05'36"E, a distance of 2595.90 feet, to the N 1/4 Corner of said Section 15, being marked on the ground by a 3 1/4"aluminum cap, PLS 31161, 2000, found in place; 11)thence continuing along said North line of Section 15, N88°04'42"E, a distance of 1299.26 feet, to the E 1/16 Corner of Section 10 and said Section 15, being marked on the ground by an original axle, found in place, said point also being the point of terminus. ALSO, Beginning at a point on the West line of said Section 15, being the Southeast Corner of the property recorded under Reception No. 1399111, from where the W 1/4 Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap on #6 rebar, PLS 31161, 2000, found 2082649 ORD 09/19/2017 10:12:55 AM Page: 3 8. 0.00 00 Gilbert Ortofiz4 ClerkR 2/Recorder00 D , Pueblo 11 2Co8.unty, Co 1111 rk'hI' 11111 in place, bears S01°23'23"E, a distance of 1649.78 feet; 1) thence along the South line of said property recorded under Reception No. 1399111, N88°05'11"E, a distance of 1297.95 feet, to a point of the East line of the NW 1/4 of the NW 1/4 of said Section 15; 2) thence along said East line of the NW 1/4 of the NW 1/4 of Section 15, N01°23'23"W, a distance of 405.41 feet, to the Northwest Corner of the property recorded under Reception No. 1267842; 3) thence along the North line of said property recorded under Reception No. 1267842, S88°05'19'W, a distance of 1297.95 feet, to a point on said West line of Section 15, from where the NW Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap, PLS 31161, 2000, bears N01°23'23"W, a distance of 584.41 feet, said point also being 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 owners of one hundred percent (100%) of the property to be annexed have petitioned for such annexation. SECTION 3. The Annexation Agreement in the form and content presented to the City Council at this meeting is hereby authorized and approved. The President of the City Council is hereby directed and authorized to execute and deliver the Annexation Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. 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 officers of the City are hereby authorized and directed to take all other actions necessary or appropriate, on behalf of the City, to effectuate the provisions of this Ordinance and the Annexation Agreement. 2082649 ORD 09/19/2017 10:12:55 AM Pe:- e: 4 of 4 R 28.00 D 0.00 11 28.00 Gilbert Ortiz Clerk/Recorder, PueblI'o County, Cc 11111 lrr rlll IIII i11i ll1 N MIIll■III 111F114111111•161111111 1111 111 SECTION 6. If any provisions of this Ordinance or Annexation Agreement shall be held or deemed to be illegal, inoperative, or unenforceable, the same shall not affect any other provisions or provisions of this Ordinance or Annexation Agreement or render the same invalid, inoperative, or unenforceable, except as otherwise expressly provided in the Annexation Agreement. SECTION 7. 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 8. This Ordinance shall become effective immediately upon final passage and the annexation shall be effective for ad valorem tax purposes on and after January 1, 2018. -41.,3,Lo, INTRODUCED: JULY 24, 2017 /4, , 'to c { �' , ,`, , ,jor i�;' BY: Ed :rown(i,uat _� 0 c• - ‘ - w....----visiv `�('�rl /�ll�i, �u:rove �,p• APPROVED: • 1l c PRESIDENT OF CITY COUNCIL— ATTESTED OUNCIL ATTESTED BY: �!+_.. ., -_.=� w CI «i /ti// PASSED AND APPROVED: August 14, 2017 ORDINANCE NO. 9155 AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS AIRPORT WEST ANNEXATION, PHASE 2 DESCRIBED AS 287.387 ACRES OF LAND LOCATED TH WEST OF NORTH 27 LANE AND NORTH OF RAWLINGS BOULEVARD WHEREAS, the City Planning and Zoning Commission has recommended that the area described in Section 1 hereof be annexed to the City of Pueblo; and, WHEREAS, the City Council has heretofore found and determined by Resolution that the Petition for Annexation and the area described in Section 1 hereof to be in compliance with the notice and other applicable provisions of the Municipal Annexation Act of 1965 and C.R.S. §31- 12-104, 105 and 107(1); and, WHEREAS, the City Council has by Resolution found and determined that an election is not required under C.R.S. §31-12-107 (2) and no additional terms and conditions are to be imposed upon the area described in Section 1 other than those set forth in the Petition for Annexation and the Annexation Agreement; 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 Pueblo, a Municipal Corporation, subject to the terms and conditions set forth in the Petition for Annexation and the Annexation Agreement, and the official map of the City shall be amended to show such annexation: I. AREA TO BE ANNEXED: A parcel of land, located in the N 1/2 of Section 15, Township 20 South, Range 64 West of the 6th P.M., County of Pueblo, State of Colorado, with all the bearings contained herein based upon a bearing of N88°04'28"E, as measured between the W 1/4 Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap on #6 rebar, PLS 31161, 2000, found in place, and the E 1/4 Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap on #6 rebar, PLS 10093, 19840, found in place, said parcel being more particularly described as follows: PARCEL 1 Beginning at the NW Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap, PLS 31161, 2000, found in place; 1) thence along the North line of said Section 15, N88°05'36"E, a distance of 2595.90 feet, to the N 1/4 Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap, PLS 31161, 2000, found in place; 2) thence continuing along said North line of Section 15, N88°04'42"E, a distance of 2268.34 feet, to a point on the West right-of-way line of North 27thLane, recorded under said Reception No. 1893083; 3) thence along said West right-of-way line, S01°21'42"E, a distance of 2638.65 feet, to a point on the North right-of-way line of Rawlings Boulevard, recorded under said Reception No. 1893083; 4) thence along said North right-of-way line, the following four (4) courses: 1) S88º04’28”W, a distance of 3607.13 feet; 2) 646.61 feet, along a curve to the left, having a radius of 1310.00 feet, a tangent of 330.03 feet, a delta of 28º16’52”, and a chord of 640.07 feet that bears S73º56’03”W; 3) S59º47’37”W, a distance of 100.00 feet; 4) 573.24 feet, along a curve to the right, having a radius of 1160.00 feet, a tangent of 292.60 feet, a delta of 28º18’51”, and a chord of 567.43 feet that bears S73º57’02”W, to a point on the West line of said Section 15; 5) thence N01°23'28"W, a distance of 342.23 feet, to the West 1/4 Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap on #6 rebar, PLS 31161, 2000, found in place; 6) thence along said West line of the Section 15, N01°23'23"W, a distance of 1649.78 feet, to the Southeast Corner of the property recorded under Reception No. 1399111; 7) thence along the South line of said property recorded under Reception No. 1399111, N88°05'11"E, a distance of 1297.95 feet, to a point of the East line of the NW 1/4 of the NW 1/4 of said Section 15; 8) thence along said East line of the NW 1/4 of the NW 1/4 of Section 15, N01°23'23"W, a distance of 405.41 feet, to the Northwest Corner of the property recorded under Reception No. 1267842; 9) thence along the North line of said property recorded under Reception No. 1267842, S88°05'19"W, a distance of 1297.95 feet, to a point on said West line of Section 15; 10) thence along said West line of Section 15, N01°23'23"W, a distance of 584.41 feet, to the point of beginning. Said Parcel contains 287.387 acres, more or less. II. NEW CITY LIMIT: Beginning at the NW Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap, PLS 31161, 2000, found in place; 10) thence along the North line of said Section 15, N88°05'36"E, a distance of 2595.90 feet, to the N 1/4 Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap, PLS 31161, 2000, found in place; 11) thence continuing along said North line of Section 15, N88°04'42"E, a distance of 1299.26 feet, to the E 1/16 Corner of Section 10 and said Section 15, being marked on the ground by an original axle, found in place, said point also being the point of terminus. ALSO, Beginning at a point on the West line of said Section 15, being the Southeast Corner of the property recorded under Reception No. 1399111, from where the W 1/4 Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap on #6 rebar, PLS 31161, 2000, found in place, bears S01°23'23"E, a distance of 1649.78 feet; 1) thence along the South line of said property recorded under Reception No. 1399111, N88°05'11"E, a distance of 1297.95 feet, to a point of the East line of the NW 1/4 of the NW 1/4 of said Section 15; 2) thence along said East line of the NW 1/4 of the NW 1/4 of Section 15, N01°23'23"W, a distance of 405.41 feet, to the Northwest Corner of the property recorded under Reception No. 1267842; 3) thence along the North line of said property recorded under Reception No. 1267842, S88°05'19"W, a distance of 1297.95 feet, to a point on said West line of Section 15, from where the NW Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap, PLS 31161, 2000, bears N01°23'23"W, a distance of 584.41 feet, said point also being 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 owners of one hundred percent (100%) of the property to be annexed have petitioned for such annexation. SECTION 3. The Annexation Agreement in the form and content presented to the City Council at this meeting is hereby authorized and approved. The President of the City Council is hereby directed and authorized to execute and deliver the Annexation Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. 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 officers of the City are hereby authorized and directed to take all other actions necessary or appropriate, on behalf of the City, to effectuate the provisions of this Ordinance and the Annexation Agreement. SECTION 6. If any provisions of this Ordinance or Annexation Agreement shall be held or deemed to be illegal, inoperative, or unenforceable, the same shall not affect any other provisions or provisions of this Ordinance or Annexation Agreement or render the same invalid, inoperative, or unenforceable, except as otherwise expressly provided in the Annexation Agreement. SECTION 7. 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 8. This Ordinance shall become effective immediately upon final passage and the annexation shall be effective for ad valorem tax purposes on and after January 1, 2018. INTRODUCED July 24, 2017 BY: Ed Brown PASSED AND APPROVED: August 14, 2017_____ City Clerk’s Office Item # V-2 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: July 24, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS AIRPORT WEST ANNEXATION, PHASE 2 DESCRIBED AS 287.387 ACRES TH OF LAND LOCATED WEST OF NORTH 27 LANE AND NORTH OF RAWLINGS BOULEVARD SUMMARY: The applicant is requesting to annex the property commonly known as the Airport West Annexation, Phase 2. PREVIOUS COUNCIL ACTION: On September 12, 2016 City Council approved a Resolution No. 13518 preliminarily determining that the petition for annexation of the area commonly known as the Airport West Annexation, Phase 1 is valid under the provisions of Colorado Revised Statutes Section 31-12-107(1). BACKGROUND: The Airport West Annexation, Phase 2 is the second parcel of a three-phase annexation totaling th 1,311.79 acres. The Phase 2 area is located west of North 27 Lane and north of Rawlings Boulevard. The Petitioners are requesting to annex 287.39 acres into the City to facilitate future development that will be integrated with the existing eastern portion of the City and the Airport Industrial Park area. While the area is currently undeveloped, the public rights-of-way for North thth 27 Lane and Rawlings Boulevard are dedicated. North 27 Lane has been constructed and provides access for future development within the areas proposed to be annexed. In addition, the th Pueblo Board of Water Works has installed water service lines along North 27 Lane and within the right-of-way of Rawlings Boulevard connecting to the Black Hills Energy Generation Plant. These service lines can provide water service to the Airport West annexation area. The area is currently zoned A-1 in Pueblo County, and the annexation agreement identifies that the property will be requested to be placed in A-1 zone district within the City. No later than ninety (90) days after the effective date of the ordinance annexing the Property, the Petitioner will petition the Property to be zoned Agricultural One (A-1) for a period not to exceed 120 months from the date of the annexation is approved. However, no building or occupancy permit will be approved by the City or issued by the Pueblo Regional Building Department for any building or structure within any portion of the Property classified as A-1 zone district until after that portion of the Property is zoned in the land use classification most nearly corresponding to the land use classification into which the Property has been classified or will in the reasonable future be classified under the Pueblo Regional Comprehensive Development Plan. 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: The City Planning and Zoning Commission reviewed the annexation at the February 8, 2017 Regular Meeting. A motion to approve the proposed annexation was made by Commissioner Lucas, seconded by Commissioner Webb with the following conditions of approval: 1. The annexation plats for the three phases shall be approved by the Director of Public Works. 2. An annexation agreement is approved and signed by all Petitioners and/or authorized representatives. 3. In compliance with C.R.S.31-12-105\[1\]-\[e\], the City Council shall approve an update to the three-mile annexation plan prior to any final approval of the annexation. Motion passed 5-0 (Latka and Lujan-Slak absent). All conditions have been complied with by the Petitioners and City Departments. STAKEHOLDER PROCESS: Annexation Impact Reports have been filed with taxing entities as required by Colorado Revised Statutes. ALTERNATIVES: Upon request of City Council, the Ordinance could be returned to the Planning and Zoning Commission for consideration of proposed modifications. City Council could vote to not approve the annexation Ordinance. The applicant could resubmit an annexation petition in the future subject to the applicable provisions of the Municipal Annexation Act of 1965 and C.R.S. §31-12-104, 105 and 107(1). RECOMMENDATION: Approval of the Ordinance.