HomeMy WebLinkAbout09752Reception 2187344 8/03/2020002:33'.15 PM ORDINANCE NO. 9752 AN ORDINANCE ANNEXING UNINCORPORATED MUNICIPALLY OWNED LAND CONTAINING 454.27 ACRES COMMONLY KNOWN AS ST. CHARLES INDUSTRIAL PARK PHASE 2 ANNEXATION, TO THE CITY OF PUEBLO, COLORADO WHEREAS, on June 25, 2012 City Council approved Resolution No. 12422 authorizing the purchase of 29.2 acres of property, of which, all but 5.68 acres was previously annexed into the City; and, WHEREAS, on October 28, 2019, the Pueblo City Council approved Ordinance No. 9579 to purchase approximately 448.59 acres of land; and, WHEREAS, the City has applied for and intends to annex the unincorporated municipally owned property containing approximately 454.27 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.; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. SECTION 2. The following described area situated in Pueblo County, Colorado, is hereby annexed to Pueblo, a Colorado Municipal Corporation, and the official map of the City shall be amended to show such annexation: 1. AREA TO BE ANNEXED: AREA NO. 1 A Parcel of land located in the northeast one-quarter of Section 1, Township 22 South, Range 65 West, the east one-half of Section 36, Township 21 South, Range 65 West, the northwest one-quarter of Section 6, Township 22 South, Range 64 West, and Section 31, Township 21 South, Range 64 West, the 6th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Basis of Bearings is the north line of Section 36, monumented on the west with a found 3 1/4" aluminum cap stamped with P.L.S. No. 33200 and monumented on the east with a found 3 1/4" aluminum cap stamped with P.L.S. No. 33200, to bear N. 89°19'04" W. and all bearings being relative thereto. Beginning at the southeast corner of the Lot 1 in Block 1, St. Charles Industrial Park, Filing No. 1 according to the recorded plat thereof filed for record on June 4, 2012 at Reception No. 1909383 in the records of Pueblo County Recorder; thence N. 03°00'08" E. along the east line of said Lot 1 in Block 1, St. Charles Industrial Park, Filing No. 1, a distance of 2,455.66 feet "r to the northeast corner of said Lot 1 in Block 1, St. Charles Industrial Park, m -o Filing No. 1; thence N. 88°25'10" W. along the north line of said Lot 1 in M,,� Block 1, St. Charles Industrial Park, Filing No. 1, a distance of 955.29 feet a °� to the . southeast corner of a parcel of land deeded to the City of Pueblo In m ar according to the Special Warranty Deed filed for record on January 1, 2015 Mm �+ at Reception No. 1995360 in the records of Pueblo County Recorder; mm thence N. 03°00'08" E. along the east line of said Parcel deeded to the City Ngo# of Pueblo, a distance of 3,492.86 feet; thence S. 89°19'04" E., a distance of N� 1,880.35 feet to the east line of said Section 36; thence S. 88°05'25" E., a distance of 3,849.90 feet more or less to a point on the west line of a parcel m��� of land according to the Warranty Deed filed for record on June 9, 1988 at Ny Reception No. 864836 in the records of Pueblo County Recorder; thence S. a� 00°12'55" W. along said west line, a distance of 1,578.96 feet more or less Nam to a point on the northerly right-of-way of Lime Road as presently located; thence S. 62°44'38" W. along the said northerly right-of-way of Lime Road, a distance of 228.22 feet more or less to a existing barbed wire fence; thence N. 83°50'30" W. along said existing barbed wire fence, a distance of 1,249.36 feet ; thence S. 00°56'25" E. along the existing barbed wire fence, a distance of 950.94 feet more or less to a point on the northerly right-of- way of Lime Road as presently located; thence S. 52°58'30" W. along the said northerly right-of-way of Lime Road, a distance of 1,387.21 feet more or less to an angle point in said right-of-way; thence N. 89°54'35" W. continuing along the said northerly right-of- way of Lime Road, a distance of 23.82 feet more or less to a point of intersection of the northerly right-of- way line of Lime Road as presently located and the southeasterly line of a parcel of land according to the Warranty Deed filed for record on December 7, 2017 at Reception No. 2090434 in the records of Pueblo County Recorder; thence S.52°52'27" W. along the said southeasterly line, a distance of 1,047.62 feet; thence continuing along the southeasterly line, along the arc of a curve to the left whose radius is 2,060.00 feet, a distance of 410.08 feet; thence S. 41°28'06" W. continuing along the said southeasterly line, a distance of 216.22 feet more or less to the west line of said Section 6; thence S. 00°09'33"W. along said west line of Section 6 and the said southeasterly line, a distance of 7.57 feet; thence S. 41°28'06" W. continuing along the said southeasterly line, a distance of 1,121.20 feet more or less to a point of intersection of the said southeasterly line and the northwesterly right-of-way line of Lime Road as presently located; thence S. 19°56'44" W. along the northwesterly right-of-way of Lime Road as presently located, a distance of 66.68 feet more or less to an angle point; thence S. 41°29'46" W. along the said northerly right-of-way of Lime Road, a distance of 424.05 feet more or less to the northeasterly platted Lime Road right-of-way in St. Charles Industrial Park, Filing No. 2, according to the recorded plat thereof filed for record on May 4, 2017 at Reception No. 2069460 in the records of Pueblo County Recorder; thence N. 48°14'59" W. along the said platted Lime Road right-of-way, a distance of 24.26 feet; thence S. 41°45'01" W. continuing along the said platted Lime Road right- of-way, a distance of 262.68 feet to the Point of Beginning. Containing 448.59 acres, more or less. TOGETHER WITH: AREA NO. 2 A parcel of land located in a portion of the E 1/2 of Section 36, Township 21 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado. Considering the North line of Lot 1, Block 1 in St. Charles Industrial Park, Filing No. 1 to bear N. 88 Degrees 25 Minutes 10 Seconds W. and all bearings contained herein being relative thereto. Beginning at the Northwest corner of Lott, Block 1, in St. Charles Industrial Park, FilingNo. 1 as filed for record at Reception No. 1909383 in the Pueblo o p County records, said point being on the South line of the E 1/2 of Section 36, Township 21 South, Range 65 West and also being the Southeast �m• 1� corner of Parcel A in said St. Charles Industrial Park, Filing No. 1; Thence N. 03 Degrees 00 Minutes 08 Seconds E. along the East line of said Parcel • a N i — A and the current city limits line of the City of Pueblo, a distance of 5495.06 • . j feet to the North line of said Section 36; Thence S. 89 Degrees 19 Minutes 24 Seconds E. along said North line of Section 36, a distance of 45.04 feet; °�ev Thence S. 03 Degrees 00 Minutes 08 Seconds W. a distance of 5495.77co N� feet to a point on the said North line of Lot 1, Block 1 in St. Charles Industrial Park, Filing No. 1; Thence N. 88 Degrees 25 Minutes 10 Seconds W., along • r"� _' said North line of Lot 1, a distance of 45.01 feet to the Point of Beginning. Containing 5.68 acres, more or less. "a81111 2. PROPOSED NEW CITY LIMITS LINE: Commencing at the southeast corner of Lot 1 in Block 1, St. Charles Industrial Park, Filing No. 1, said point also being on the northerly right-of- way line of Lime Road; thence N41°45'01"E along said northerly right-of- way line of Lime Road a distance of 262.68 feet; thence S48°14'59"E along said right-of-way of Lime Road a distance of 24.26 feet to the Point of Beginning and the present City Limits line; thence continuing along the northerly right-of-way of Lime Road the following Nine (9) courses: (1) N41°29'46"E a distance of 424.05 feet; (2) N19°56'44"E a distance of 66.68 feet; (3) N41°28'06"E a distance of 1,121.20 feet; (4) N00°09'33"E a distance of 7.57 feet; (5) N41°28'06"E a distance of 216.22 feet; (6) along a curve to the right having a radius of 2,060.00 feet, and a distance of 410.08 feet; (7) N52°52'27"E a distance of 1,047.62 feet; (8) S89°54'35"E a distance of 23.82 feet (9) N52°58'30"E a distance of 1,387.21 feet; thence departing the said right-of-way line of Lime Road N00°56'25"W a distance of 950.94 feet; thence S83°50'30"E a distance of 1,249.36 feet to a point on the northerly right-of-way line of Lime Road; thence N62°44'38"E along the northerly right-of-way of Lime Road a distance of 228.22 feet; thence departing said right-of-way line of Lime Road N00°12'55"E a distance of 1,578.96 feet; thence N88°05'25"W a distance of 3,849.90 feet; thence N89°19'04"W a distance of 1,880.35 feet; thence NO3°00'08"E a distance of 2,003.08 feet more or less to a point on the north line of said Section 36, Township 21 South; thence N89°19'04"W along Section 36 a distance of 45.04 feet to the present City Limits line and the Point of Terminus. 3. CERTIFICATION OF PERIMTER: m; At least One-Sixth of the boundary of the land described in Paragraph 1, is a °_' now existing City Limits Line. !ma4 Mm Jill Mp m 7' SECTION 3. ^` rg The City Council hereby finds and determines that the City owns the area annexed N� and it is not solely a public street or right-of-way. SECTION 4. V• t• !L- el The City Council hereby finds and determines that (i) the annexed area is eligible Na�� 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 454.27 acre of land is within the three-mile limit, (iv) the City has in place a plan for the entire 450.00 acre of land to be annexed and (v) an election is not required under §31-12-107(2) C.R.S. SECTION 5. 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; and, (b) File for recording three certified copies of this Ordinance and annexation map with the Pueblo County Clerk and Recorder; and, (c) File one certified copy of the annexation map and this Ordinance with the Southeastern Colorado Water Conservancy District. SECTION 6. The City Council hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Southeastern Colorado Water Conservancy District. SECTION 7. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. SECTION 8. This Ordinance shall become effective immediately upon final action by the Mayor and City Council. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 1887344 08/03/20D0002:3315 PMPalbertOrt 6cierk .d®rP`0hTo3.00r Co liMiri F�611°�lfk'�� ti'�w+jIIlI III III 2187344 08/03/2020 02:33:15 PM Page: 6 of 6 R 38.00 D 0.00 T 38.00 Gilbert Ortiz Clerk/Recorder. P,.aeblo County, Go 1111�I�.rM��w+l�IY�i J����'FJ:,'�,�l��r���1 M% Ai 11111 Action by City Council: Introduced and initial adoption of Ordinance by City Council on July 13, 2020 . Final adoption of Ordinance by City Council on July 27, 2020 Presid-n o City Council Action by the Mayor: yl Approved on 301 a OA D . ❑ Disapproved on // based on the following objections: 9eet-a4e4o xreakswe4 Mayor Action by City Council After Disapproval by the Mayor: ❑ Council did not act to override the Mayor's veto. ❑ Ordinance re-adopted on a vote of , on El Council action on failed to override the Mayor's veto. President of City Council ATTEST � i ,. {, '4104te,n CliAlrbLd° ' City Clerk 1\v",i1/7/0; ;\ ___�i off City Clerk’s Office Item # R-9 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: July 13, 2020 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 MUNICIPALLY OWNED LAND CONTAINING 454.27 ACRES COMMONLY KNOWN AS ST. CHARLES INDUSTRIAL PARK PHASE 2 ANNEXATION, TO THE CITY OF PUEBLO, COLORADO SUMMARY: This Ordinance is requesting approval of the annexation of unincorporated municipally owned property containing 454.27 acres commonly known as the St. Charles Industrial Park Phase 2 Annexation. PREVIOUS COUNCIL ACTION: On June 25, 2012 City Council approved Resolution No. 12422 authorizing the purchase of 29.2 acres of property, of which, all but 5.68 acres was annexed into the City. On February 24, 2020 City Council approved Ordinance No. 9579 authorizing the purchase of 448.59 acres of property from Pueblo SCIP, LLC, a Colorado Limited Liability Company (”Pueblo SCIP”). BACKGROUND: The property purchased from Pueblo SCIP is generally located west of Lime Road and north of Vossloh North America (formerly Rocla Inc). The property was purchased by the City in connection with the development of the St. Charles Industrial Park for industrial economic development projects. The property is anticipated to be developed primarily for rail-based industrial projects that access the city-owned rail spur located along the western edge of the property. Previously, in 2012 the City purchased a 29.2-acre area immediately adjacent to the Pueblo SCIP property. All but 5.68 acres of property acquired in 2012 was annexed. The 5.68 acres is also included as part of this municipally owned property annexation. th The properties have 1/6 contiguity with the existing City boundary and complies with all provisions of the Colorado Revised Statutes allowing for the City to annex municipally owned property. The annexation of this property enables the zoning and land use of the property to be governed by City of Pueblo regulations. FINANCIAL IMPLICATIONS: This property would be added to the fire protection service area that is already being served within the St. Charles Industrial Park. Police services would become the responsibility of the City upon annexation. In addition, any new sanitary sewer main connections will be maintained by the City of Pueblo. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission is not required to review a municipally owned property annexation. STAKEHOLDER PROCESS: None. ALTERNATIVES: City Council could vote to not approve the Annexation Ordinance and the property would remain as an unincorporated area. RECOMMENDATION: Approval of the Ordinance. Attachments: Proposed Ordinance St. Charles Industrial Park Annexation Phase 2 Annexation Plat