HomeMy WebLinkAbout14039RESOLUTION NO. 14039
A RESOLUTION PRELIMINARILY DETERMINING THAT
THE PETITION FOR THE ANNEXATION OF THE AREA
COMMONLY KNOWN AS EVRAZ ANNEXATION NO. 2 AND
DESCRIBED AS LAND EAST OF I-25 AND AT THE
TERMINUS OF INDIANA AVENUE IS VALID UNDER THE
PROVISIONS OF COLORADO REVISED STATUTES
SECTION 31-12-107 (1), SETTING THE DATE OF A PUBLIC
HEARING PURSUANT TO THE REQUIREMENTS OF
C.R.S. §31-12-104 AND 105, 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 of the following described area situated in Pueblo
County, Colorado, is hereby found and determined to be in substantial compliance with
the provisions of C.R.S. §31-12-107 (1):
1. AREA TO BE ANNEXED
A parcel of land located in a portion of the East one-half (1/2) of Sections 12, and 13,
th
Township 21 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of
Colorado, being more particularly described as follows.
Considering the South line of Block 39 in Lake Minnequa Addition as filed for record in
the Pueblo County records to bear N. 88°54’21” E. and all bearings contained herein
being relative thereto.
Commencing at the Southeast corner of said Block 39; thence N. 88º54’21” E., a distance
of 125.00 feet to the east right-of-way line of the Denver and Rio Grande Railroad as
presently located; thence N. 01º04’44” W. along said east right-of-way line, a distance of
300.00 feet; thence N. 01º04’44” W. continuing along said east right-of-way line, a
distance of 950.00 feet; thence N. 88º54’21” E., a distance of 226.00 feet; thence N.
40º24’00” E., a distance of 128.98 feet to the Point of Beginning and the present City
limits line; thence N. 40º24’00” E., a distance of 507.02 feet; thence N. 88º54’21” E., a
distance of 342.00 feet; thence S. 01º05’39” E., a distance of 90.00 feet; thence S.
88º54’21” W., a distance of 44.00 feet; thence S. 01º05’39” E., a distance of 190.00 feet;
thence N. 88º54’21” E., a distance of 120.00 feet; thence S. 01º05’39” E., a distance of
1,314.00 feet; thence S. 29º59’20” W., a distance of 548.00 feet; thence S. 01º05’39” E.,
a distance of 534.00 feet; thence S. 88º54’21” W., a distance of 471.00 feet; thence S.
01º05’39” E., a distance of 1,121.71 feet; thence S. 88º54’21” W., a distance of 100.00
feet; thence N. 01º05’39” W., a distance of 1,442.65 feet to the present City limits line;
thence N. 88º54’21” E. along said City limits line, a distance of 100.00 feet; thence N.
01º05’39” W. continuing along said City limits line, a distance of 1,896.61 feet; the Point
of Beginning.
Containing 41.13 acres, more or less
2. PROPOSED NEW CITY LIMITS LINE:
Commencing at the Southeast corner of said Block 39; thence N. 88º54’21” E., a distance
of 125.00 feet to the east right-of-way line of the Denver and Rio Grande Railroad as
presently located; thence N. 01º04’44” W. along said east right-of-way line, a distance of
300.00 feet; thence N. 01º04’44” W. continuing along said east right-of-way line, a
distance of 950.00 feet; thence N. 88º54’21” E., a distance of 226.00 feet; thence N.
40º24’00” E., a distance of 128.98 feet to the Point of Beginning and the present City
limits line; thence N. 40º24’00” E., a distance of 507.02 feet; thence N. 88º54’21” E., a
distance of 342.00 feet; thence S. 01º05’39” E., a distance of 90.00 feet; thence S.
88º54’21” W., a distance of 44.00 feet; thence S. 01º05’39” E., a distance of 190.00 feet;
thence N. 88º54’21” E., a distance of 120.00 feet; thence S. 01º05’39” E., a distance of
1,314.00 feet; thence S. 29º59’20” W., a distance of 548.00 feet; thence S. 01º05’39” E.,
a distance of 534.00 feet; thence S. 88º54’21” W., a distance of 471.00 feet; thence S.
01º05’39” E., a distance of 1,121.71 feet; thence S. 88º54’21” W., a distance of 100.00
feet; thence N. 01º05’39” W., a distance of 1,442.65 feet to the present City limits line.
3. CERTIFICATION OF PERIMETER:
At least one-sixth of the boundary of the land described in paragraphs one (1) above, is
now existing City Limits Line.
SECTION 2.
A public hearing to determine if the area proposed to be annexed meets the
applicable requirements of C.R.S. §31-12-104 and C.R.S. §31-12-105 to establish
eligibility for annexation under the Municipal Annexation Act of 1965 shall be held before
the City Council in Council Chambers, Third Floor, City Hall, One City Hall Place, Pueblo,
Colorado on Monday, October 22, 2018, commencing at 7:00 p.m. or as soon thereafter
as City Council business allows. The City Clerk shall publish notice of the public hearing
once a week for four successive weeks in the Pueblo Chieftain. The first publication of
such notice shall be at least thirty (30) days prior to the date of the hearing. A copy of the
published notice, together with a copy of the Petition for Annexation, shall be sent by
registered mail by the City Clerk to the Board of County Commissioners and the County
Attorney of Pueblo County and to any school district or special district having territory
within the area to be annexed at least twenty five days prior to the date of the hearing.
SECTION 3.
The Petition is hereby referred to the Planning and Zoning Commission for review
and recommendation.
SECTION 4.
The officers and staff of the City are authorized and directed to perform any and
all acts consistent with the intent of the Resolution.
SECTION 5.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: August 27, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
City Clerk’s Office Item # M-7
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE:
August 27, 2018
TO: President Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT: A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION
FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS EVRAZ
ANNEXATION NO. 2 AND DESCRIBED AS LAND LOCATED EAST OF
THE EVRAZ ANNEXATION NO. 1 IS VALID UNDER THE PROVISIONS
OF COLORADO REVISED STATUTES SECTION 31-12-107 (1),
SETTING THE DATE OF A PUBLIC HEARING PURSUANT TO THE
REQUIREMENTS OF C.R.S. §31-12-104 AND 105, AND REFERRING
THE PETITION TO THE PLANNING AND ZONING COMMISSION FOR
REVIEW AND RECOMMENDATION
SUMMARY:
Attached is a Resolution for City Council consideration that preliminarily determining that
the petition for the annexation of a 41.13-acre area commonly known as Evraz
Annexation No. 2 located east of the Evraz Annexation No.1 is valid under the provisions
of Colorado Revised Statutes Section 31-12-107 (1), setting the date of October 22, 2018
for a public hearing pursuant to C.R.S. §31-12-104 and 105 to make findings and
determinations that the property is eligible for annexation, and referring the petition to the
Planning and Zoning Commission for review and recommendation.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
CF&I Steel, LP is requesting to annex a 41.13-acre site into the City of Pueblo (“City”) to
facilitate the further industrial development on a portion of the company’s property
adjacent to city limits. This Resolution determines that the Petition for Annexation is found
and determined to be in substantial compliance with the provisions of the Colorado
Revised Statutes 31-12-107(1). A public hearing is scheduled for October 22, 2018 to
determine if the area proposed to be annexed meets the applicable requirements of
C.R.S. 31-12-104 and 31-12-105 to establish eligibility for annexation under the Municipal
Annexation Act of 1965. It also directs the City Clerk to publish notice of public hearing
once a week for four successive weeks in the Pueblo Chieftain. The first reading of an
Ordinance approving the annexation of the property into the City of Pueblo is planned to
be submitted for the October 9, 2018 City Council meeting. CF&I Steel, LP has submitted
applications to the City for the zoning of the property that are being reviewed concurrently
with the petition for annexation.
FINANCIAL IMPLICATIONS:
The filing of the annexation petition and the approval of the Resolution determining the
property substantially complies with the provisions of Colorado Revised Statutes Section
31-12-107 (1) does not result in any direct financial impact to the City of Pueblo.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
Copies of the Petition for Annexation will be sent by registered mail by the City Clerk to
the Board of County Commissioners and the County Attorney of Pueblo County and to
any school district or special district having territory within the area to be annexed. Copies
of an Annexation Impact Report will be filed with all taxing entities as required by Colorado
Revised Statutes.
ALTERNATIVES:
Approve the Resolution of Substantial Compliance and table any action on the annexation
petition for a period up to 180 days. Although the commitments for the industrial
expansion are time sensitive and delays in the approval process could impact the
company’s desire to annex property into the City.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Annexation Petition
Circulator’s Oath
Annexation Plat
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EVRAZ ANNEXATION NO. 2
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1802800
no MN.wW4 OW
CITY OF PUEBLO
PETITION FOR ANNEXATION
TO THE CITY COUNCIL OF PUEBLO, COLORADO:
Pursuant to the Municipal Annexation Act of 1965 and C.R.S. §31-12-]07(1)the
undersigned landowners within the area proposed for annexation hereby petition the City
Council of the City of Pueblo for annexation to the City of Pueblo (herein "City") of the
following described unincorporated area located in the County of Pueblo, State of Colorado:
See Attached Exhibit A
As ground for this annexation, Petitioners state:
1. It is desirable and necessary that the area herein described be annexed to the City.
2. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous
with existing boundaries of the City.
3. This petition for annexation has been signed by persons comprising more that fifty
percent(50%) of the landowners in the area proposed to be annexed and owning more
than fifty percent(50%) of the area, excluding public street, alleys, and any land owned
by the City.
4. A community of interest exists between the area proposed to be annexed and the City.
5. The area proposed to be annexed is urban or will be urbanized in the near future.
6. The area proposed to be annexed is integrated with or is capable of being integrated with
the City.
7. No land held in identical ownership, whether consisting of one tract or parcel of real
estate or two or more contiguous tracts or parcels of real estate:
(a) is divided into separate parts or parcels without the written consent of the landowners
thereof,unless such tracts or parcels are separated by a dedicated street, road or other
public way; or,
(b) comprises twenty (20) acres or more and which, together with the buildings and
improvements situated thereon has an assessed value in excess of$200,000.00 for ad
valorem tax purposes for the year preceding the annexation, is included within the
territory proposed to be annexed without the written consent of the landowner or
landowners.
8. The mailing address of each signer, the legal description of the land owned by each
landowner and the date of signing of each signature are shown on this petition.
9. Attached to this petition is the affidavit of the circulator of this petition that each
signature hereon is the signature of the person whose name it purports to be.
10. Accompanying this petition are an original and twenty-four(24)prints of an annexation
map containing the following information:
(a) A written legal description of the boundaries of the area proposed to be annexed;
(b) A map showing the boundary of the area proposed to be annexed. (Such map shall
be prepared by and contain the seal of a Colorado registered engineer or land
surveyor);
(c) Within the annexation boundary map there is shown the location of each ownership
tract in unplatted land and, if part or all of the area is platted, the boundaries and the
plat numbers of plots or of lots and blocks;
(d) Next to the boundary of the area proposed to he annexed, a drawing of the
contiguous boundary of the City and the area proposed to be annexed with the
dimension of such boundary.
11. The area proposed to be annexed is not presently a part of any incorporated city or town.
12. No part of the area proposed to be annexed is more than three miles in any direction from
any point of the boundaries of the City as such was established more than one year before
this annexation will take place.
13. As condition of and in consideration of the City annexing the area proposed to be
annexed, Petitioners, for themselves and their heirs, personal representatives, successors
and assigns:
(a) Waive and release all previously acquired or existing vested property rights
attached to or established with respect to the area proposed to be annexed and
acknowledge and agree that the annexation of the area proposed to be annexed is
not a site specific development plan and no vested property right shall attach to or
be established with respect to the area proposed to be annexed.
(b) Acknowledge and agree that upon the annexation of the area proposed to be
annexed and, subject to the provisions of the Annexation Agreement, 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.
(c) "Vested property right"and "site specific development plan" shall have the same
meaning as set forth in Chapter 12 of Title XVII of the 1971 Code of Ordinances of
the City and Article 60, Title 24, C.R.S.
14. Petitioners consent and agree to the following conditions:
(a) Petitioners and the City shall enter into an Annexation Agreement prior to the
effective date of this annexation.
(b)
(c)
(d)
(e)
WHEREFORE, Petitioners request that the City Council of Pueblo approve the annexation of the
above described area to the City of Pueblo (all Petitioners must sign this Petition within 180 days
prior to the date of filing with the City Clerk.
MAILING LEGAL DATE OF
SIGNATURE ADDRESS DESCRIPTION SIGNING
CF&I S'I'EEL LP, See Attached
a Limited Partnership
1612 E. Abriendo Avenue
Pueblo CO. 81004
CIRCULATOR'S OATH
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The undersigned of lawful age being first duly sworn upon oath deposes and states that I
circulated the foregoing Petition For Annexation and that each signature therein is the signature
of the person whose name it purports to be.
Circulator's Signat e
Subscribed and affirmed, or sworn to, before me in the County of A)u.Q b I o
State of CLI0(p, Do , this day of (auC �,�.J }
20a , J
By Pa2 h LA a-?. •
Witness my hand and official seal.
My commission expires: s 118 Idol 4
(SEAL) L14, La4-1'1Notary Public (o fficial title)
Paula J. Dunn
NOTARY PUBLIC
State of Colorado
Notary ID 20114025712
My Commission Expires May 18,2019
Exhibit A
EVRAZ ANNEXATION NO. 2
A parcel of land located in a portion of the East one-half (1/2) of Sections 12, and 13,
Township 21 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of
Colorado, being more particularly described as follows.
Considering the South line of Block 39 in Lake Minnequa Addition as filed for record in
the Pueblo County records to bear N. 88°54'21" E. and all bearings contained herein
being relative thereto.
Commencing at the Southeast corner of said Block 39; thence N. 88°54'21" E., a
distance of 125.00 feet to the east right-of-way line of the Denver and Rio Grande
Railroad as presently located; thence N. 01°04'44" W. along said east right-of-way line,
a distance of 300.00 feet; thence N. 01°04'44" W. continuing along said east right-of-
way line, a distance of 950.00 feet; thence N. 88°54'21" E., a distance of 226.00 feet;
thence N. 40°24'00" E., a distance of 128.98 feet to the Point of Beginning and the
present City limits line; thence N. 40°24'00" E., a distance of 507.02 feet; thence N.
88°54'21" E., a distance of 342.00 feet; thence S. 01°05'39" E., a distance of 90.00 feet;
thence S. 88°54'21" W., a distance of 44.00 feet; thence S. 01°05'39" E., a distance of
190.00 feet; thence N. 88°54'21" E., a distance of 120.00 feet; thence S. 01°05'39" E., a
distance of 1,314.00 feet; thence S. 29°59'20" W., a distance of 548.00 feet; thence S.
01°05'39" E., a distance of 534.00 feet; thence S. 88°54'21" W., a distance of 471.00
feet; thence S. 01°05'39" E., a distance of 1,121.71 feet; thence S. 88°54'21" W., a
distance of 100.00 feet; thence N. 01°05'39" W., a distance of 1,442.65 feet to the
present City limits line; thence N. 88°54'21" E. along said City limits line, a distance of
100.00 feet; thence N. 01°05'39" W. continuing along said City limits line, a distance of
1,896.61 feet; the Point of Beginning.
Containing 41.13 acres, more or less