HomeMy WebLinkAbout09556Reception 2156820
10/24/2019 03:33:02 PM
ORDINANCE NO. 9556
AN ORDINANCE ANNEXING UNINCORPORATED LAND
COMMONLY KNOW AS EVRAZ ANNEXATION NO. 5 AND
DESCRIBED AS 3.95 ACRES OF LAND LOCATED WEST
OF THE EVRAZ ANNEXATION
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 approved by Ordinance
No. 9362 dated November 12, 2018 and recorded under Reception No. 2126469 in the
office of the Pueblo County Clerk and Recorder, and the Amended Annexation
Agreement; NOW THEREFORE,
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 Colorado Municipal Corporation, subject to the terms and conditions
set forth in the Petition for Annexation, the Annexation Agreement and the Amendment
to the Annexation Agreement, and the official map of the City shall be amended to show
such annexation:
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,
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
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
WW1!'.fal a ,II +.t l 111 II 1
300.00 feet; thence N. 88°54'21" E., a distance of 136.71 feet to the Point of Beginning
and the present City limits line; thence N. 88°54'21" E. along said City limits line, a
distance of 75.00 feet; thence S. 01°05'39" E. along said City limits line, a distance of
2,292.65 feet; thence S. 88°54'21" W., a distance of 75.00 feet; thence N. 01°05'39" W.,
a distance of 2,292.65 feet to the Point of Beginning.
Containing 3.95-acres, more or less.
2. PROPOSED NEW CITY LIMITS LINE:
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. 88°54'21" E., a distance of 136.71 feet to the Point of Beginning
and the present City limits line; thence S. 01°05'39" E., a distance of 2,292.65 feet; thence
N. 88°54'21" E., a distance of 75.00 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.
The owners of one hundred percent (100%) of the property to be annexed have
petitioned for such annexation.
SECTION 3.
The Amendment to the Annexation Agreement, in the form and content presented
to the City Council on or before second reading of this Ordinance, with such minor
changes as the President of City Council and City Attorney may approve, is hereby
authorized and approved. The Mayor is hereby authorized and directed to execute and
deliver the Amendment to 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.
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
1111 l iE Il. I 1 4, F,l I:I, :I i14 i 11111
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 implement the provisions of this
Ordinance and the Amendment to the Annexation Agreement.
SECTION 6.
If any provisions of this Ordinance or the Amendment to the 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, 2020.
Action by City Council:
Introduced and initial adoption of Ordinance by City council on September 9, 2019 .
Final adoption of Ordinance by City Council on Sete .ber 23 2019
Presi•ent".f City Council
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Palbert40rrtf z4C1 a k?Ile oorder0 P ut blot o 00y, Co
Action by the Mayor: 1111110,)1111:111•I i K 1'!:' 'h ' LZ{ l 'Y4 11 II
Approved on 9-gt.• / 1
❑ Disapproved on based on the following objections:
744.40. ,Cre-gLideoc;,—
Mayor
Action by City Council After Disapproval by the Mayor:
O Council did not act to override the Mayor's veto.
❑ Ordinance re-adopted on a vote of , on
O Council action on failed to override the Mayor's veto.
President of City Council
ATTEST
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City Clerk . Y ' (. , 1F,
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City Clerk’s Office Item # R-11
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Scott Hobson, Acting Director of Planning and Community Development
SUBJECT: AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY
KNOW AS THE EVRAZ ANNEXATION NO. 5 AND DESCRIBED AS 3.95
ACRES OF LAND LOCATED WEST OF THE EVRAZ ANNEXATION
SUMMARY:
The applicant is requesting to annex the property containing 3.95-acres into the City of
Pueblo commonly known as the Evraz Annexation, No. 5.
PREVIOUS COUNCIL ACTION:
On August 12, 2019 City Council approved Resolution No. 14261 preliminarily
determining that the petition for annexation of the area commonly known as the Evraz
Annexation, No. 5 is valid under the provisions of Colorado Revised Statutes Section 31-
12-107(1).
BACKGROUND:
The Evraz Annexation, No. 4 is 3.95-acres that are located west of the Evraz annexation.
The Evraz Annexation was a 49.97-acre addition to the City of Pueblo approved on
November 12, 2018 by Ordinance No. 9363. The Petitioners are requesting to annex 3.95
acres into the City in addition to the previously annexed area to facilitate the development
of heavy industrial uses. The area currently contains some pre-existing industrial facilities
and undeveloped property. The access to the property currently is via private roads that
extend from the terminus of Indiana Avenue east of the I-25 interchange.
Sanitary Sewer
Evraz, through its internal operations on the steel mill property, currently provides potable
water and sanitary sewer service to its existing facilities. The Annexation Agreement
(“Agreement”) previously approved with the 2018 Evraz Annexations will be amended to
include the 3.95 acres and acknowledges and agrees that Evraz may continue to provide
such utility services on their property. The Agreement stipulates that Evraz has the right,
but no obligation, to tap into the City's sanitary sewer system. If Evraz requests to tap into
City's sanitary sewer system, then the City will provide such service subject to and in
conformity with the City's ordinances, rules and regulations relating to its sanitary sewer
system and services, provided City will not be required to extend its sewer mains to the
Property. Petitioner shall comply with all applicable City requirements for the installation
of mains, lines, stations, and any other appurtenant sewer facilities in effect at the time of
such request for sewer service.
Stormwater
Evraz currently operates and maintains a stormwater retention and drainage facility on
their property. The Agreement stipulates that so long as (i) Evraz continues to operate
and maintain the stormwater facility on their property, (ii) Evraz holds a stormwater
discharge permit for the stormwater facility issued by the Colorado Department of Public
Health and Environment and complies with the requirements of such permit, and (iii)
the stormwater facility is not connected to or discharging stormwater into City-owned
or managed stormwater facilities, Evraz shall not be in violation of City's stormwater
utility ordinances (Chapter 12, Title XVI of the Pueblo Municipal Code) and as same
may, from time to time, be amended ("Stormwater Ordinance"). Evraz would have the
right, but no obligation, to tap into the City's stormwater system. If Evraz requests to tap
into City's stormwater system, then the City will provide such service subject to and in
conformity with the City's ordinances, rules and regulations relating to its stormwater
system and services, provided City will not be required to extend its stormwater mains to
the Evraz property. Evraz will be required to comply with all applicable City requirements
for the installation of mains, lines, stations, and any other appurtenant stormwater
facilities in effect at the time of such request for stormwater service.
Fire Protection
Evraz, through its internal operations at the property, currently provides fire protection,
hazardous material response, and emergency medical services. The Agreement
acknowledges and agrees that Evraz may continue to provide such services to the
property.
The area is currently zoned I-3, Heavy Industry in Pueblo County, and the annexation
agreement identifies that the property will be requested to be zoned into an I-3, Heavy
Industry zone district within the City. The I-3 Heavy Industry zone district is consistent
with the future development map contained in the Pueblo Regional Comprehensive
Development Plan.
FINANCIAL IMPLICATIONS:
The Petitioners acknowledge and agree that upon the annexation, the property 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.
BOARD/COMMISSION RECOMMENDATION:
The City Planning and Zoning Commission reviewed the annexation at the September
11, 2019 Regular Meeting. A motion to approve the proposed annexation was made by
Commissioner Schilling, seconded by Commissioner San-Filippo Rosser. Motion passed
4-0 (Commissioners Avalos and Castellucci absent.)
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.
Attachments:
Planning and Zoning Commission Staff Report A-19-09 with Exhibits
Reception 2156822
10/24/2019 03:33:02 PM
AMENDMENT TO ANNEXATION AGREEMENT
This Amendment to Annexation Agreement entered into as the 23rd day of
September 2019 by and between the City of Pueblo, Colorado, a Colorado Municipal
Corporation, (the "City"), and New CF&I Inc., a Delaware Corporation (the "Petitioner")
(together "Parties").
WITNESSETH
WHEREAS, on November 12, 2018, by Ordinance No. 9362, the City Council
approved the Annexation Agreement dated November 12, 2018 and recorded under
Reception No. 2126469 in the office of the Pueblo County Clerk and Recorder (the
"Annexation Agreement"); and,
WHEREAS, the term "Property" as used herein means and includes the real
property described in Exhibit A-Amendment to Annexation Agreement Cases No.s A-19-
07, A-19-08, and A-19-09 dated September 23, 2019; and,
WHEREAS, Petitioner represents and warrants that it is the owner of the Property in
fee simple; and,
WHEREAS, the Parties desire to amend Exhibit A of the Annexation Agreement,
Case No. A-18-01 entered into for the property commonly known and described as east of
1-25 and at the terminus of Indiana Avenue.
NOW THEREFORE, in consideration of the foregoing recitals and the mutual
promises, covenants and conditions contained herein and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the Parties
hereby agree as follows:
1. Exhibit A, Legal Description of the Evraz Annexation Agreement, is hereby
amended to read as follows:
Exhibit A
AMENDED EVRAZ ANNEXATION
LEGAL DESCRIPTION
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.
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
■III lliAlli �111fl '�VI�'���hi lartiliNI UMW, 11111
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 to the Point of Beginning; 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 636.00 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 1,711.00
feet; thence S. 88°54'21"W., a distance of 239.32 feet; thence S. 29°59'20"W., a distance
of 84.44 feet; thence S. 01°05'39" E., a distance of 918.00 feet; thence S. 88°54'21"W., a
distance of 471.00 feet; thence S. 01°05'39" E., a distance of 737.71 feet; thence S.
88°54'21" W., a distance of 175.00 feet; thence N. 01°05'39" W., a distance of 2292.65
feet; thence N. 88°54'21" E., a distance of 136.71 feet to the east right-of-way line of the
Denver and Rio Grande Railroad as presently located and the Point of Beginning.
Containing 59.16 acres, more or less
2. The Annexation Agreement and Exhibit A, amended Evraz Annexation Legal
Description, continue in full force and effect binding on Petitioner and City
and their respective successors and assigns.
41,x:.Ecgted at Pueblo, Colorado as of the day and year first above written.
. � 7'J} d'\ City of Pueblo, Colorado
%' :r '
�. ���� v , bat < a Colorado Municipal Corporation
Il ;,!!';t `rmijo-Cit Cle 4icholas A. Gradisar-Mayor
CF&I STEEL, L.P.
a Delaware limited partnership
By:
: •nature)
(Print Name) �I ✓Yl C rct/11
(Print Title) D►rec.:iu/`) F Pd'/9-
-2-
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Gilbert Ortiz Clerk/Recorder00 ; Pueblo Count0
y, Co
STATE OF COLORADO )
Villin 1 :'« OMIKA Yi r II 111
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this day of September
2019, by Nicholas A. Gradisar as Mayor and Brenda Armijo as City Clerk of Pueblo, a
Colorado Municipal Corporation.
Witness my hand and official seal.
My commission expires:
[ SEAL ]
Notary Public
STATE OF COthatik) )
ss.
COUNTY OF~ 0121O )
The foregoing instrument was acknowledged before me thisI(d day of
, 2019, by JIM (1a.ifl as
'Director OF FP4 A- of CF&I STEEL, L.P., a
Delaware limited partnership.
Witness my hand and official seal.
My commission expires: i i 2U -702,
[ SEAL ]
Lk.
LEAHA ZINANTI Notary ' blic
Notary Public
State of Colorado
Notary ID#20174048643
My Commission Expires 11-28-2021
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