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RESOLUTION NO. 14991
A RESOLUTION PRELIMINARILY DETERMINING THAT
THE PETITION FOR THE ANNEXATION OF THE 10.74-
ACRE AREA COMMONLY KNOWN AS DORCY
COMMUNITY HOUSING ANNEXATION, 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):
AREA TO BE ANNEXED:
A parcel of land located in the SE ¼ of the SW ¼ of Section 04, Township
21 South, Range 65 West of the 6th P.M. the County of Pueblo and State
of Colorado, being more particularly described as follows:
Considering the centerline of Starling Drive in The Meadows, Filing No. 4,
according to the recorded plat thereof as filed for record on January 14,1980
at Reception No. 628024 in the Pueblo County records to bear S. 02°48'49"
W., and all bearings contained herein being relative thereto. Both ends of
said centerline are monumented with a lead and tack in a monument box.
Beginning at the Northeast corner of Lot 1, Block 18 of Regency Park, 10th
Filing, according to the recorded plat thereof as filed for record on January
31, 1979 at Reception No. 597379 in the Pueblo County records; thence N.
00°54'08" E., a distance of 1,301.06 feet to a point on the southerly right-of-
way line of Red Creek Springs Road as presently located; thence S.
89°05'52" E. along said southerly right-of-way line a distance of 255.71 feet
to a point on the westerly line of Vinci Subdivision, a Special Area Plan
according to the recorded plat thereof as filed for record on July 5, 2011 at
Reception No. 1879494 in the Pueblo County records; thence S. 01°00'14"
W. along said westerly line a distance of 289.88 feet to the Southwest
corner of said Vinci Subdivision, a Special Area Plan; thence S. 89°01'48"
E. along the southerly line of said Vinci Subdivision, a Special Area Plan a
distance of 151.56 feet to the Southeast corner of said Vinci Subdivision, a
Special Area Plan, said point also being on the westerly line of The
Meadows, Filing No. 4 according to the recorded plat thereof as filed for
record on January 14, 1980 at Reception No. 628024 and the westerly line
of The Meadows, Filing No. 3 according to the recorded plat thereof as filed
for record on January 31, 1979 at Reception No. 597382 both in the Pueblo
County records; thence S.02°48'49"W. along said westerly line a distance
of 1,010.01 feet to the Southwest corner of said The Meadows, Filing No.
3, said point also being on the northerly line of the aforementioned Regency
Park, 10th Filing; thence N. 89°20'09” W. along said northerly line a distance
of 373.08 feet to the Point of Beginning.
Containing 10.74 acres, more or less.
Proposed New City Limits Line:
Beginning at the Northeast corner of Lot 1, Block 18 of Regency Park, 10th Filing,
according to the recorded plat thereof as filed for record on January 31, 1979 at Reception
No. 597379 in the Pueblo County records; thence N. 00°54'08" E., a distance of 1301.06
feet to a point on the southerly right-of-way line of Red Creek Springs Road as presently
located, said point being the Point of Terminus.
Certification Of Perimeter:
At least one-sixth of the boundary of the land described in the annexation above is now
existing city limits line. The complete annexation is within 3 miles of present city limits.
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: September 12, 2022
BY: Vicente Martinez Ortega
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-8
Background for Proposed
Resolution
COUNCIL MEETING DATE: September 12, 2022
TO: President Heather Graham 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 10.74-ACRE AREA COMMONLY
KNOWN AS DORCY COMMUNITY HOUSING ANNEXATION, 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 10.74-acre area located south of Red
th
Creek Springs Road, north of Regency Park 10 Filing, and west of The Meadows
Subdivision, Filing 4. 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 June 13, 2022, the petitioner, Kim Bowman, on behalf of Posada, Inc., submitted an
annexation petition for the Dorcy Community Housing Annexation totaling 10.74-acres.
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
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:
Dorcy Community Housing Annexation
Location and size in acres: Section 04 , Township 21 South,
Range 65 , West of the 6th P.M.,County of Pueblo, Colorado,
10.7W acres.
100 %of Owners 1 ; Less than 100%of owners
School District No. 60 ; Special District: Regional Library. SE Water. Lower
Arkansas Water, Pueblo Conservancy
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.
*ore NotiO
•
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 Signature Sheet
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.
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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.
r
MAILING LEGAL DATE OF
SIGNATURE ADDRESS DESCRIPTION SIGNING
27 -44.L
R.040 Co BEG SE COR SW4 4-21- I La)
65, THENCE W 374 FT;
THENCE N 1302.1 FT:
THENCE E 254 FT
THENCE S 1°56' E, A DIST
OF 290.4 FT; THENCE N 88°04' E
A DIST OF 151.53 FT;
THENCE S 1010.3 FT TO BEG
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CIRCULATOR'S OATH
STATE OF COLORADO )
) 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 be.
7
Circul or's Signature
Subscribed andaffirmed, or sworn tom,before me in the County of 4a4--' ,
State of pa1.4) , this /S-71-1,-) day of CaiLt._54,t, /4— ,
202V
BY Oal. �"/`sG�--(- .
Witness my hand and official eal. .�Z'//'
My commission expires: 7 /..( T-c 7"
(SEAL) il�f ff�
I A, avki
Notary Public lit official itle Iff
PATRICIA A.VELA-ACKERMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20164035042
MY COMMISSION EXPIRES SEPT.15,2024
*441110
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172,the undersigned hereby executes this Statement of Authority on behalf
of Posada, Inc.
a, Colorado Non-Profit Corporation ,an entity other than an individual,capable of
holding title to real property (the"Entity"), and states as follows:
The name of the Entity is Posada, Inc., a Colorado Non-Profit Corporation
(state type of entity and state,country,or other governmental authority under whose laws such entity is formed)
The mailing address for the Entity is 827 E. 4th St. Pueblo, CO 81001
The name or position of the person authorized to execute instruments conveying,encumbering,or other
affecting title to real property on behalf of the Entity is: 1 3oLarnar1
The limitations upon the authority of the person named above or holding the position described above to
bind the Entity are as follows:
(if no limitations,insert"None")
Other matters concerning the manner in which the Entity deals with any interest in real property are:
(if no other matters,leave this section blank)
EXECUTED this 18 day of au3054- ---_ , ZOZ.Z, •
Signa6e: �.na ; .„„ - -te
Name (typed or printed): PQmei . ne.
Title (if any): Vim Pres► derv+- Board
STATE OF L 01 rare 0 )
Paeb /t) )ssCOUNTY OF
nn nn The forego)*instrument w.. acknowledged before me this 13 d` of j,.
� 1) 2 2 by / ' A ' 4 , A G_1O on beh _,f of o& z A GE •
,a "p O 0716OYl— f rO I •
Witness my hand and official seal. 2
My commission expires: Mai 3 20 3
E S E A L] ' VERONICA GOLD Notary Public
NOTARY PUBLIC
DPW 116 STATE OF COLORADO
02/07/02 NOTARY ID 20144047884
MY COMMISSION EXPIRES MAY 23,2023