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HomeMy WebLinkAbout14632 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. It 1/.//// / '',I ji , Viv2/II I_' ,I_1-?/I I 1/fc--2/111',3 cj/:c71\_\17 /I ,/ \ /z711 lAV/Igri7 ° '-1171(t;)11\\17 'il I, ' ,,A ,/-1 c,--/,, i __ __-- - -- --- - --- ----—-_-_----- -- - --- - - ----- _ -- s----— A PONNON OF 1777 F 01 7 HF "if ; OF SECTION 9 AND A AlPLNON of 11-117 SW; ,7F ,1 C 1-ION 10 TOWNSHIP 277 ,(7,717-7 HAN(_,17 65 WE 5T "771 THE 6711 P.M. IN IN, cOuN7r "77- PU1 810 -77174"I Or COLORADO 1 . 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