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HomeMy WebLinkAbout15154*RESOLUTION NO. 15154 A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE 69.90-ACRE AREA COMMONLY KNOWN AS THE PUEBLO COUNTY DETENTION CENTER 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 being all of N 1/2 of the SE 1/4 of Section 21, Township 20 South, Range 65 West of the Sixth Principal Meridian, less a portion conveyed to The Department of Highways, State of Colorado, by Special Warranty Deed recorded August 9, 1973, in Book 1757 Page 282, County of Pueblo, State of Colorado. Said parcel being more particularly described as follows: BEGINNING at the NW corner of said N 1/2 of the SE 1/4 of Section 21; thence N 89°23’59” E (bearings based on the north line of said N 1/2 of the SE 1/4 of Section 21 monumented on the west end with a No. 6 rebar and 3 1/4” aluminum cap PLS No. 24964 and on the east end with a BLM 3 1/4” brass cap to bear N 89°23’59” E) along the north line of said N 1/2 of the SE 1/4 of Section 21, a distance of 2333.68 feet to a point on the westerly right of way line of Colorado State Highway No. 45; thence S 01°36’50” W along said westerly right of way line, a distance of 1319.23 feet to a point on the south line of said N 1/2 of the SE 1/4 of Section 21; thence S 89°21’02” W along said south line, a distance of 2282.67 feet to the SW corner of said N 1/2 of the SE 1/4 of Section 21; thence N 00°36’08” W along the west line of said N 1/2 of the SE 1/4 of Section 21, a distance of 1320.20 feet to the POINT OF BEGINNING. Said Parcel contains 69.90 acres, more or less. PROPOSED NEW CITY LIMITS LINE A line located within the NE1/4 of the SE1/4 of Section 21, Township 20 South, Range 65 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado. Said line being more particularly described as follows: BEGINNING at a point on the current City Limits Line being the NW corner of said NE 1/4 of the SE 1/4 of Section 21; thence N 89°23’59” E (bearings based on the north line of the N 1/2 of the SE 1/4 of said Section 21 monumented on the west end with a No. 6 rebar and 3 1/4” aluminum cap PLS No. 24964 and on the east end with a BLM 3 1/4” brass cap to bear N 89°23’59” E) along the north line of said N 1/2 of the SE 1/4 of Section 21, a distance of 1016.84 feet to a point on the westerly right of way line of Colorado State Highway No. 45; thence S 01°36’50” W along said westerly right of way line, a distance of 1319.23 feet to a point on the current City Limits Line being a point on the south line of said NE1/4 of the SE 1/4 of Section 21 and the POINT OF TERMINIUS. CERTIFICATION OF PERIMETER At least one-sixth of the boundary of the land described in paragraph one (1) above, is now existing City Limits Line. 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 February 27, 2023 BY: Dennis Flores MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: DEPUTY CITY CLERK City Clerk's Office Item # M6 Background Paper for Proposed Resolution COUNCIL MEETING DATE: February 27, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director Planning and Community Development SUBJECT: A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE 69.90-ACRE AREA COMMONLY KNOWN AS THE PUEBLO COUNTY DETENTION CENTER 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 69.90-acre area located west of the th intersection of West 24 Street and Pueblo Boulevard (SH45). 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 February 9, 2023, the Board of County Commissioners of Pueblo submitted an annexation petition for the Pueblo County Detention Center Annexation totaling 69.90 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 via registered mail by the City Clerk to the Board of County Commissioners, 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: 1. A-23-01 Combined Attachments