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HomeMy WebLinkAbout09191Reception 2088518 11/16/2017 03:46:20 PM ORDINANCE NO. 9191 AN ORDINANCE ANNEXING UNINCORPORATED LAND OWNED BY THE CITY OF PUEBLO COMMONLY KNOWN AS BAKER STEAMER ANNEXATION DESCRIBED AS 2.31 ACRES OF LAND LOCATED NORTHWEST OF 29Th STREET INCLUDING A PORTION OF BAKER-STEAMER ROAD WHEREAS, On April 24, 2017 City Council approved Resolution No. 13671 accepting 2.31 acres of land including portions of Baker-Steamer Road from Pueblo County; and, WHEREAS, the City has applied for and intends to annex the entire 2.31 acres of land; 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: I. AREA TO BE ANNEXED: A portion of a County Road (Baker Steamer Road) right-of-way lying North of the existing 29th Street right-of-way and within a portion of the northeast one-quarter of the northeast one-quarter of Section 22, and a portion of the southeast one- quarter of the northeast one-quarter of Section 22, Township 20 South, Range 65 West of the 6th Principal Meridian, in the County of Pueblo and State of Colorado, and being more particularly described as follows: Considering the North line of the northeast one-quarter of Section 22, Township 20 South, Range 65 West of the 6th P.M. to bear N. 88°42'45" E., being monumented with a 3 %4" brass cap BLM 1964 at the Northwest corner and a 3 '/2" aluminum cap PLS No. 12933 at the Northeast corner, and all bearings contained herein being relative thereto. Commencing at the Northwest corner of the NE% of said Section 22, thence N. 88°42'45" E., along the North line of the NE% of said Section 22, a distance of 1502.5 feet; more or less to the Point of Beginning and a point on the west line of a County Road (Baker Steamer Road) and the east line of the property described in a Warranty Deed filed for record September 24, 1992 at Book 2615 at Page 682, in the Pueblo County Records; Thence southerly along said west line of the said County Road (Baker Steamer Road) and the said east property line described in Warranty Deed recorded in Book 2615 at Page 682 the following three (3)courses: 2088518 ORD 11/16/2017 03:46:20 PM Page' 2 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co PlPATi'I„101,11 arr�l��.11 a M PAI M�,' 11111 1. Thence S. 32°17'30” E., a measured distance of 566.6 feet; 2. Thence S. 20°51'03" E., a measured distance of 843.9 feet; 3. Thence S. 53°13'39" E., a measured distance of 257.1 feet more or less to the North right-of-way line of 29th Street as platted; Thence N. 88°44'42" E. along the said North right-of-way line of 29th Street, a distance of 97.4 feet more or less to the east line of the County Road (Baker Steamer Road) and the west property line of the property described in a Warranty Deed filed for record October 17, 2011 at Reception No. 1888378, in the Pueblo County Records; Thence northerly along the east line of the said County Road (Baker Steamer Road) and the said west property line described in Warranty Deed recorded at Reception No. 1888378 the following three (3) courses: 1. Thence N. 53°13'39" W., a measured distance of 316.4 feet; 2. Thence N. 20°51'03" W., a measured distance of 832.5 feet; 3. Thence N. 32°17'30" W., a measured distance of 536.6 feet more or less to the North line of the NE 1/4 of Section 22, Township 20 South, Range 65 West of the 6th P.M.; Thence S. 88°42'45" W. along the North line of the NE% of said Section 22, a distance of 70.0 feet more or less to the Point of Beginning. Containing 2.31 acres, more or less. II. NEW CITY LIMIT: Commencing at the Northwest corner of the NE% if said Section 22, thence N. 88'42'45" E., along the North line of the NE % of said Section 22, a distance of 1502.5 feet; more or less to the Point of Beginning and a point on the east line of the property described in a Warranty Deed filed for record September 24, 1992 at Book 2615 at Page 682, in the Pueblo County Records; Thence southerly along said east property line described Warranty Deed recorded in Book 2615 at Page 682 the following three (3) courses: 1. Thence S. 32'17'30" E., a measured distance of 566.6 feet; 2. Thence S. 20'51'03" E., a measured distance of 843.9 feet; 3. Thence S. 53'13'39" E., a measured distance of 257.1 feet more or less to the North right-of-way line of 29th Street as platted; Thence N. 88'44'42" E. along the said North right-of-way line of 29th street, a distance of 97.4 feet more or less to the west property line of the property described in a Warranty Deed filed for record October 17, 2011 at Reception No. 1888378, in the Pueblo County Records to a point on the Present City Limits line and the Point of Terminus, and Commencing at the Northwest corner of the NE% of said Section 22, thence N. 88'42'45" E., along the North line of the NE%4 of said Section 22, a distance of 1572,5 feet; more or less to a point on the west line of the property described in a Warranty Deed filed for record October 17, 2011 at Reception No. 1888378, in the Pueblo County Records; thence S. 32'17'30" E., along said west line a distance of 536.6 feet to a point on the Present City Limits line and Point of Terminus. 2088518 ORD 11/16/2017 03:46:20 PM Page: 3 28. D 0. 0 11 28.00 Gilbert Ortofiz4 ClerRk/Reco00rder, Pu0eblo County, Co VIII RIWM ,h11 11:« ikityi, 11111 III. CERTIFICATION OF PERIMETER: • At least one-sixth of the boundary of the land described in paragraph one (1) above, is now existing City Limits Line. 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 2.31 acres of land is within the three-mile limit, (iv) the City has in place a plan for the entire 2.31 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). SECTION 6. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance to effectuate the policies and procedures described herein. 2088518 ORD 11/16/2017 03:46:20 PM Page: 4 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co SECTION 7. VIII Ell',011h,11011111114 ui.l11114i11,%11 11111 This Ordinance shall become effective immediately upon final passage. 4�aLQ'Cp o5Q ► f t�� INTRODUCED October 10, 2017 40P !., 0 BY: Ed Brown 41111111011111110._..iiiiiiplo 411;12151111.45'• ' 1611 ^° APPROVE► _ lirPRE . OF C.."Pr C. NCIL ATTESTED = .�� : _ ITY CLERK PASSED AND APPROVED: October 23, 2017 City Clerk’s Office Item # R-3 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: October 10, 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 OWNED BY THE CITY OF PUEBLO COMMONLY KNOWN AS BAKER STEAMER ANNEXATION TH DESCRIBED AS 2.31 ACRES OF LAND LOCATED NORTHWEST OF 29 STREET INCLUDING A PORTION OF BAKER-STEAMER ROAD SUMMARY: The property proposed for annexation is City-owned unincorporated property commonly known as Baker Steamer Annexation. PREVIOUS COUNCIL ACTION: On April 24, 2017 City Council approved a Resolution No. 13671 approving and accepting a quit claim deed from Pueblo County for property containing a portion of the right of way of Baker Steamer Road. BACKGROUND: On January 9, 2017 Pueblo County conveyed, via a quit claim deed, property containing a portion of the right of way of Baker Steamer Road to the City to allow the property to be annexed into the City for future street development and use. In the interim, the City is purposing to block access to the property from the north and to permit the property to be gated at its southern terminus. th When the City constructs an extension of 29 Street or Tuxedo through the property, the blocked access to the property will be removed by the City. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: Unincorporated land owned by the City of Pueblo can be annexed by Ordinance without a public hearing conducted by the City Planning and Zoning Commission. STAKEHOLDER PROCESS: None. ALTERNATIVES: If City Council does not approve this Ordinance, the subject property would remain in unincorporated Pueblo County. RECOMMENDATION: Approval of the Ordinance. Attachments: Baker Steamer Annexation Plat