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RESOLUTION NO. 14632
A RESOLUTION PRELIMINARILY DETERMINING THAT
THE PETITION FOR THE ANNEXATION 1 OF THE 80.40
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:
A portion of three parcels of land located in sections 9 and 10, Township 20
South, Range 65 West, of the 6th Principal Meridian in the County of Pueblo
and State of Colorado, being more particularly described as follows:
Commencing at the SE corner of the W ½ of the E ½ of the SW ¼ of said
Section 10; Thence S89 degrees 10 minutes 16 seconds W, a distance of
612.25 feet to the point of beginning the present city limits line; thence N89
degrees 10 minutes 16 seconds E, a distance of 612.25 feet; thence N01
degrees 40 minutes 27 seconds E, a distance of 2661.29 feet to the
Northeast corner of the W 1/2 of E ½ of the SW ¼ of section 10; thence S
88 degrees 57 minutes 11 seconds W, along the said 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; thence S0 degrees 0 minutes 0 seconds W, a distance of
1492.67 feet; thence N90 degrees 0 minutes 0 seconds W, a distance of
2318.65 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 and the north line of Colorado State Highway
No. 50, and the present city limits line; thence S 88 degrees 08 minutes 38
seconds E, continuing along said City Limits line, a distance of 178.88 feet;
thence N 77 degrees 48 minutes 53 seconds E, continuing along said City
Limits line, a distance of 152.37 feet; thence N 77 degrees 32 minutes 17
seconds E, continuing along said City Limits line, a distance of 312.70 feet;
thence N 67 degrees 53 minutes 08 seconds E, continuing along said City
Limits line, a distance of 309.71 feet; thence N 10 degrees 48 minutes 11
seconds, continuing along said City Limits line, a distance of 460.12 feet;
thence S 74 degrees 30 minutes 12 seconds E, continuing along said City
Limits line, a distance of 441.31 feet; thence S 06 degrees 04 minutes 05
seconds E, continuing along said City Limits line, a distance of 385.19 feet;
thence S 23 degrees 35 minutes 46 seconds E, continuing along said City
Limits line, a distance of 141.19 feet; thence S 55 degrees 35 minutes 35
seconds E, continuing along said City Limits line, a distance of 166.17 feet
to a point on the south line of W ½ of the E ½ of the SW ¼ of said section
10 and the point of beginning.
Containing 80.40 acres, more or less.
2. PROPOSED NEW CITY LIMITS LINE:
Commencing at the SE corner of the W ½ of the E ½ of the SW ¼ of said Section 10;
Thence S89 degrees 10 minutes 16 seconds W, a distance of 612.25 feet to the point of
beginning the present city limits line; thence N89 degrees 10 minutes 16 seconds E, a
distance of 612.25 feet; thence N01 degrees 40 minutes 27 seconds E, a distance of
2661.29 feet to the Northeast corner of the W 1/2 of E ½ of the SW ¼ of section 10;
thence S 88 degrees 57 minutes 11 seconds W, along the said 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;
thence S0 degrees 0 minutes 0 seconds W, a distance of 1492.67 feet; thence N90
degrees 0 minutes 0 seconds W, a distance of 2318.65 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 and the north line of Colorado State
Highway No. 50, and 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.
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 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 June 14, 2021
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-10
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE: June 14, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, 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 80.40 ACRE AREA COMMONLY KNOWN AS THE
WILDHORSE ANNEXATION 1 DESCRIBED AS NORTH OF THE U.S. HIGHWAY
50 WEST/PUEBLO BLVD INTERCHANGE 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 an 80.40-acre area located north of the U.S.
Highway 50 West/Pueblo Blvd Interchange. 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 refer
the petition to the Planning and Zoning Commission for review and recommendation.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
On July 1, 2020, the petitioner, Wildhorse Land and Holdings LLC (“Wildhorse”), submitted an
annexation petition for the Wildhorse Annexation totaling 179.38 acres. A concurrent annexation
petition was submitted by WL Enterprises for property that is located north and east of the
Wildhorse Annexation. The timing of the Wildhorse Annexation needed to follow the approval of
th
the WL Annexation to meet the Colorado Revised Statutes for having 1/6 contiguity with existing
city boundaries. The WL Annexation is not progressing at the same pace as the Wildhorse
Annexation, therefore the Wildhorse has submitted petitions for a series of two annexations that
th
comply with the 1/6 contiguity with the existing city boundary and has withdrawn its original
annexation petition.
The Wildhorse Annexation 1 is the first of a two-phase annexation of property totaling 80.40 acres
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. Both phases of the annexation total an
area comprised of 179.38 acres. The property is proposed to be annexed and developed for a
mixture of retail uses, high density residential, and business park uses. Approximately 6.23 acres
of the proposed area to be annexed is located within the boundaries of the Pueblo West
Metropolitan District. 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, 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:
Proposed Resolution
Annexation Petition
Circulator’s Oath
Exhibit A-Legal Description
Annexation Plat
CITY OF PUEBLO
ANNEXATION INFORMATION SHEET
Attached is a blank Petition for Annexation to be completed and filed with the City Clerk of
the City of Pueblo together with an original and twenty-four (24) prints of an annexation map
and satisfactory evidence of the names and addresses of all the owners of land within the area
proposed to be annexed. All petitioners must sign the Petition for Annexation within 180 days
before the date of filing with the City Clerk. Prior to filing with the City Clerk all documents
must be reviewed by the City's Director of Land Use.
TO BE COMPLETED BY PETITIONERS
Name of Annexation: Wildhorse Annexation 1
Location and size in acres: Sections 9 and 10, Township 20 South,
Range 65 , West of the 6th P.M., County of Pueblo, Colorado,
80.40 acres.
100 % of Owners 1 ; Less than 100% of owners 0
School District No. 60 ; Special District: (1)
Annexation Agreement: The City requires the Petitioner to enter into an Annexation
Agreement prior to the effective date of the annexation. Such Agreement shall constitute
conditions of annexation as effectively as if set forth in the Petition For Annexation.
For Office Use Only: Date Reviewed by Director of Land Use
Date Petition Filed Filing Fee $ Paid
Resolution Finding Substantial Compliance adopted
Date of Public Hearing ; Notice of Public Hearing Published:
, and
Copy of published Notice and Petition For Annexation sent by Registered Mail on
to Pueblo County Board of County Commissioners, Pueblo County
Attorney, School District , Southeastern Water Conservancy District, Pueblo Library
District, Other and special district
Upon receipt of this Annexation Information Sheet, Petition For Annexation, 24 prints of the
annexation map, and evidence of ownership, the City Clerk will forward copies of the
Annexation Information Sheet and Petition for Annexation together with the evidence of
ownership and 20 prints of the annexation map to the Director of Land Use and refer the Petition
For Annexation to the City Council as a communication.
(1) Pueblo City/County Library District
South East Water Conservancy District
Lower Arkansas Valley Water Conservancy District
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. §31-12-107(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 be 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
Wildhorse Land_and j/ d1-(
Holdings, a Limited See Attached
10' Cabtu.bo Liability Company,
f‘.4P P.O. Box 64140
Colorado Springs, CO, 80962
CIRCULATOR'S OATH
STATE OF COLORADO 1
) 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 he.
—L-------- ''' ,.., ,,
Circulator's Signature
Subscribed and affirmed, or sworn to, before me in the County ofP�,o ,
State of Cobr+.,10 this dS`0 day of hf ,
20 ell , Ia horst ). I �,ti
BY ttil-iJ N c,...)c,...) faahc► fni 1:1v.oi. �; t i
4\Co(emaci 1n:n►;-Nd }.rAbt[(41 Qd p I
Witness my hand and official seal.
My commission expires: $ick)1e}061 _._
SEAL, .( )ELIZABETH HALL -.. ,•
NOTARY PUBLIC Notary4[64111
IT (or official title)
STATE OF COLORADO
NOTARY ID 20004024686
My Commission Expires August 22 2024
EXHIBIT A
WILDHORSE ANNEXATION 1
1. AREA TO BE ANNEXED
A portion of three parcels of land located in sections 9 and 10, Township 20 South,
Range 65 West, of the 6th Principal Meridian in the County of Pueblo and State of
Colorado, being more particularly described as follows:
Commencing at the SE corner of the W'/2 of the E '/z of the SW 1/4 of said Section
10; Thence S89 degrees 10 minutes 16 seconds W, a distance of 612.25 feet
to the point of beginning the present city limits line; thence N89 degrees 10
minutes 16 seconds E, a distance of 612.25 feet; thence N01 degrees 40
minutes 27 seconds E, a distance of 2661 .29 feet to the Northeast corner of
the W 1/2 of E 1/2 of the SW 1/4 of section 10; thence S 88 degrees 57 minutes
11 seconds W, along the said north line, a distance of 665.40 feet, to the
Northwest corner of the W '/2 of the E 1/2 of the SW '/4 of Section 10; thence SO
degrees 0 minutes 0 seconds W, a distance of 1492.67 feet; thence N90
degrees 0 minutes 0 seconds W, a distance of 2318.65 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 '/2 of the E '/2 of the E '/2 of the SE 1/4 of said Section 9 and the
north line of Colorado State Highway No. 50, and the present city limits line;
thence S 88 degrees 08 minutes 38 seconds E, continuing along said City Limits
line, a distance of 178.88 feet; thence N 77 degrees 48 minutes 53 seconds E,
continuing along said City Limits line, a distance of 152.37 feet; thence N 77
degrees 32 minutes 17 seconds E, continuing along said City Limits line, a
distance of 312.70 feet; thence N 67 degrees 53 minutes 08 seconds E,
continuing along said City Limits line, a distance of 309.71 feet; thence N 10
degrees 48 minutes 11 seconds, continuing along said City Limits line, a
distance of 460.12 feet; thence S 74 degrees 30 minutes 12 seconds E,
continuing along said City Limits line, a distance of 441 .31 feet; thence S 06
degrees 04 minutes 05 seconds E, continuing along said City Limits line, a
distance of 385.19 feet; thence S 23 degrees 35 minutes 46 seconds E,
continuing along said City Limits line, a distance of 141 .19 feet; thence S 55
degrees 35 minutes 35 seconds E, continuing along said City Limits line, a
distance of 166.17 feet to a point on the south line of W '/2 of the E '/2 of the SW
1/4 of said section 10 and the point of beginning.
Containing 80.40 acres, more or less.
2. PROPOSED NEW CITY LIMITS LINE:
Commencing at the SE corner of the W % of the E 1/2 of the SW 1/4 of said Section 10;
Thence S89 degrees 10 minutes 16 seconds W, a distance of 612.25 feet to the point of
beginning the present city limits line; thence N89 degrees 10 minutes 16 seconds E, a
distance of 612.25 feet; thence NO1 degrees 40 minutes 27 seconds E, a distance of
2661.29 feet to the Northeast corner of the W 1/2 of E 1/2 of the SW 1/4 of section 10;
thence S 88 degrees 57 minutes 11 seconds W, along the said north line, a distance of
665.40 feet, to the Northwest corner of the W '/2 of the E '/2 of the SW 1/4 of Section 10;
thence SO degrees 0 minutes 0 seconds W, a distance of 1492.67 feet; thence N90
degrees 0 minutes 0 seconds W, a distance of 2318.65 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 1/2
of the E 1/2 of the E 1/2 of the SE 1/4 of said Section 9 and the north line of Colorado State
Highway No. 50, and 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.
NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5th Street
Pueblo, Colorado 81003
Michael Leland Guppy
Colorado Registered Professional
Land Surveyor No. 38485
For and on Behalf of NorthStar Engineering & Surveying Inc.
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