Loading...
HomeMy WebLinkAbout14482RESOLUTION NO. 14482 A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE 179.38 ACRE AREA COMMONLY KNOWN AS THE WILDHORSE ANNEXATION DESCRIBED AS NORTH OF THE U.S. HIGHWAY 50 WEST/PUEBLO BLVD INTERCHANGE AND NORTHWEST OF WILDHORSE ROAD IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTIONS 31-12-104(1)(a) and 31-12-107(1), TABLING FINAL ACTION ON THE PETITION FOR A PERIOD OF NOT MORE THAN 180 DAYS, 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 (“Petition”) 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. §31-12-104(1)(a) and §31-12-107(1): 1. AREA TO BE ANNEXED: th A parcel of land located in section 9, Township 20 South, Range 65 West, of the 6 Principal Meridian, said parcel being more particularly described as follows: PARCEL 1 Beginning at a point on the North line of the SE ¼ of said Section 9 from which the E ¼ corner of said Section 9 bears S 89 degrees 58 minutes 50 seconds E, a distance of 1264.04 feet; Thence N 80 degrees 58 minutes 50 seconds W, along said north line, a distance of 991.13 feet to a point on the center line of the Kansas and Colorado Railroad abandoned right of way; thence N 42 degrees 45 minutes 25 seconds W, along center line, a distance of 187.73 feet to the beginning of a curve to the right having a radius of 2864.93 feet; thence northwesterly continuing along said center line, along the arc of said curve, through a central angle of 11 degrees 29 minutes 26 seconds, a distance of 574.56 feet; thence N 31 degrees 15 minutes 59 seconds W continuing along said center line a distance of 26.24 feet; thence S 02 degrees 50 minutes 30 seconds W, leaving said center line, a distance of 379.22 feet; thence S 11 degrees 18 minutes 36 seconds E, a distance of 290.64 feet; thence S 25 degrees 47 minutes 14 seconds E, a distance of 494.22 feet, thence S 74 degrees 07 minutes 07 seconds E, a distance of 738.18 feet; thence S 45 degrees 35 minutes 07 seconds E, a distance of 1107.39 feet; thence S 29 degrees 38 minutes 54 seconds E, a distance of 1265.26 feet to a point on the west line of the E ½ of the E ½ of the E ½ of the SE ¼ of said Section 9; thence N 00 degrees 43 minutes 31 seconds E, along said west line, a distance of 1368.99 feet to a point on a non tangent curve, having a radius of 1019.00 feet, a radial line bears N 39 degrees 23 minutes 00 seconds E from said point; thence northwesterly along the arc of last said curve through a central angle of 14 degrees 17 minutes 21 seconds, a distance if 254.13 feet; thence N 36 degrees 19 minutes 39 seconds W, tangent to last said curve, a distance of 1258.51 feet to the point of beginning, Pueblo County, Colorado. Said parcel contains 50.47 acres, more or less PARCEL 2 The W ½ of the SW ¼ and the W ½ of the E ½ of the SW ¼ of Section 10, Township 20 South, Range 65 West; also the E ½ of the E ½ of the E ½ of the SE ¼ of Section 9, Township 20 South, th Range 65 West of the 6 P.M., County of Pueblo, State of Colorado, EXCEPT that portion conveyed to the State Department of Highways in rule and order recorded May 8, 1975 in Book 1813 at Page 36. Said parcel contains 128.91 acres, more or less. 2. PROPOSED NEW CITY LIMITS LINE: Beginning at the Northeast corner of the W 1/2 of E ½ of the SW ¼ of the SW ¼ of section 10 and the present City limits line; thence S 88 degrees 57 minutes 11 seconds W, along the north line, a distance of 665.40 feet, to the Northwest corner of the W ½ of the E ½ of the SW ¼ of Section 10 and present City limits lines; thence S 88 degrees 54 minutes 17 seconds W, along the north line, a distance of 1331.50 feet, to the Northeast corner of the E ¼ of section 9; thence S 89 degrees 58 minutes 21 seconds W, along the north line, a distance of 328.94 feet to the NW corner of the E ½ of the E ½ of the E ½ of the SE ¼ of Section 9; thence S 0 degrees 40 minutes 42 seconds W, along the west line, a distance of 1198.59 feet to a point on a non tangent curve, having a radius of 1019.oo feet, a radial line bears N 39 degrees 23 minutes 00 seconds E from said point; thence northwesterly along the arc of last said curve through a central angle of 14 degrees 17 minutes 21 seconds, a distance of 254.36 feet; thence N 36 degrees 19 minutes 40 seconds W, tangent to last said curve, a distance of 1258.29 feet, to a point on the north line of the SE ¼ of said Section 9; thence N 89 degrees 59 minutes 03 seconds W, along said north line, a distance of 991.53 feet to a point on the center line of the Kansas and Colorado Railroad abandoned right of way; thence N 42 degrees 46 feet 50 seconds, along said center line, distance of 187.77 feet to the beginning of a curve to the right having a radius of 2864.93 feet; thence northwesterly, continuing along said center line, along the arc of said curve, through a central angle of 11 degrees 19 minutes 26 seconds, a distance of 574.22 feet; thence N 31 degrees 39 minutes 05 seconds W continuing along said center line a distance of 26.62 feet; thence S 02 degrees 50 minutes 55 seconds W, leaving said center line, a distance of 379.17 feet; thence S 11 degrees 18 minutes 19 seconds E, a distance of 290.71 feet; thence S25 degrees 46 minutes 43 seconds E, a distance of 494.36 feet; thence S 74 degrees 06 minutes 44 seconds E, a distance of 738.34 feet; thence S 45 degrees 34 minutes 43 seconds E, a distance of 1107.74 feet; thence S 29 degrees 39 minutes 59 seconds E, a distance of 1269.12 feet to a point on the west line of the E ½ of the E ½ of the E ½ of the SE ¼ of said Section 9; thence S 89 degrees 24 minutes 00 seconds E, a distance of 183.40 feet; thence N 78 degrees 28 minutes 30 seconds E, a distance of 152.30 feet; thence 'N 78 degrees 08 minutes 30 seconds E, a distance of 313.00 feet; thence N 68 degrees 32 minutes 30 seconds E, a distance of 309.70 feet; thence 'N 11 degrees 27 minutes 30 seconds, a distance of 460.20 feet; thence S 73 degrees 51 minutes 0 seconds E, a distance of 441.30 feet; thence S 05 degrees 25 minutes 00 seconds E, a distance of 385.30 feet; thence S 22 degrees 58 minutes 00 seconds E, a distance of 141.40 feet; thence S 53 degrees 51 minutes 30 seconds E, a distance of 168.40 feet to a point on the south line of W ½ of the E ½ of the SW ¼ of said section 10; thence N 89 degrees 10 minutes 16 seconds E, along said south line, a distance of 612.25 feet to the SE corner of the W ½ of the E ½ of the SW ¼ of said Section 10, and 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. Final action on the Petition is hereby tabled for a period of not more than one hundred eighty (180) days and the Petition is hereby referred to the Planning and Zoning Commission for review and recommendation. SECTION 3. Upon receipt of the recommendation of the Planning and Zoning Commission, the City Council, without undue delay, shall make a final determination by Resolution whether the petition substantially complies with the applicable requirements of Section 31-12-107(1), C.R.S. and establish the date, time and place the City Council will hold a public hearing to determine if the proposed annexation complies with sections 31-12-104 and 31-12-105, C.R.S. or such parts thereof as may be required to establish eligibility for annexation. 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: October 13, 2020 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-3 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: October 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: A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE 179.38 ACRE AREA COMMONLY KNOWN AS THE WILDHORSE ANNEXATION DESCRIBED AS NORTH OF THE U.S. HIGHWAY 50 WEST/PUEBLO BLVD INTERCHANGE AND NORTHWEST OF WILDHORSE ROAD IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTIONS 31-12-104(1)(a) and 31-12-107(1), TABLING FINAL ACTION ON THE PETITION FOR A PERIOD OF NOT MORE THAN 180 DAYS, AND REFERRING THE PETITION TO THE PLANNING AND ZONING COMMISSION FOR REVIEW AND RECOMMENDATION SUMMARY: The City Clerk received an annexation petition for a 179.38-acre area located north of the U.S. Highway 50 West/Pueblo Blvd Interchange and northwest of Wildhorse Road. This Resolution will determine if the Petition for Annexation is valid under the provisions of Colorado Revised Statutes Sections 31-12-104(1)(a) and 31-12-107(1), tables final action on the petition for a period not more than 180 days, and refers the petition to the Planning and Zoning Commission for review and recommendation. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Wildhorse Annexation totaling 179.38 acres is located immediately to the north of the CDOT Maintenance Facility which is constructed within the state highway right-of-way for U.S. Highway 50 West. The property is proposed to be annexed and developed for a mixture of retail uses, high density residential, and business park uses. Approximately 52 acres of the proposed area to be annexed is located within the boundaries of the Pueblo West Metropolitan District. The legal contiguity is subject to the simultaneous annexation of the concurrently submitted WL Annexation which is located immediately west of existing City limits. This Resolution preliminarily determines that the Petition for Annexation is valid under the provisions of the Colorado Revised Statutes Sections 31-12-104(1)(a) and 31-12-107(1). In accordance with the procedure established in the Pueblo Municipal Code, the final action on the petition is tabled for a period of not more than one hundred eighty (180) days and the petition is referred to the Planning and Zoning Commission for review and recommendation. 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 Sections 31-12-104(1)(a) and 31-12-107(1) and does not result in any direct financial impact to the City of Pueblo. BOARD/COMMISSION RECOMMENDATION: None at this point in the review process. STAKEHOLDER PROCESS: Copies of the Petition for Annexation will be sent by registered mail by the City Clerk to the Board of County Commissioners, 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: None. RECOMMENDATION: The City Planning staff has reviewed the annexation petition for compliance with Sections 31-12- 104(1)(a) and 31-12-107(1) of the Colorado Revised Statutes and recommends that City Council preliminarily finds that the petition is valid according to Colorado Revised Statutes. Attachments: Annexation Petition Circulator’s Oath Annexation Plat