HomeMy WebLinkAbout06397Reception 1269507
03/24/1999
ORDINANCE NO. 6397
AN ORDINANCE ANNEXING THE AREA COMMONLY
KNOWN AND DESCRIBED AS FLOYD LANE, SOUTH OF
THATCHER AVENUE
WHEREAS, the City Planning and Zoning Commission has recommended that the
area described in Section 1 hereof be annexed to the City of Pueblo; and
WHEREAS, the City Council has heretofore found and determined by Resolution
that the Petition for Annexation and the area described in Section 1 hereof to be in compliance
with the notice and other applicable provisions of the Municipal Annexation Act of 1965 and
C.R.S. § 31-12-104,105 and 107 (1); and
WHEREAS, the City Council has by Resolution found and determined that an election
is not required under C.R.S. §31 -12 -107 (2) and no additional terms and conditions are to be
imposed upon the area described in Section 1 other than those set forth in the Petition for
Annexation and the Annexation Agreement; NOW, THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The following described area situated in Pueblo County, Colorado, is hereby annexed
to Pueblo, a Municipal Corporation, subject to the terms and conditions set forth in the Petition
For Annexation, and the Annexation Agreement which is hereby approved, and the official
map of the City shall be amended to show such annexation:
A portion of the Northwest one - quarter of the Northwest one - quarter
of Section 4, Township 21 South, Range 65 West of the 6th Principal
Meridian, said parcel being more particularly described as follows:
Beginning at a point 1981.7 feet west and 53.5 feet South of the
North 1/4 corner of said Section 4 and on the South right -of -way
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line of Thatcher Avenue; thence East and along the South line
of Thatcher Avenue, a distance of 60.0 more or less feet; Thence South and
along the West line of City View Subdivision extended, a distance of
1019.50 feet, to the Southeast corner of Lot 11 in City View
Subdivision Second Filing; thence West and along the South line
of said Lot 11, a distance of 90.0 feet, to the Southwest corner of
said Lot 11; thence South and along the East line of Floyd Lane,
a distance of 58.0 feet, to the Southwest corner of Lot 12 in said
subdivision; thence West a distance of 120.0 feet, to the South-
west corner of Lot 21 in said City View Subdivision Second Filing;
Thence North and along the West line of said City View Subdivi-
sion second Filing, a distance of 678.0 feet; thence West and along
the South line of Lot 32 in said subdivision, a distance of 6.0 feet;
Thence North and along the West line of said City View Subdivi-
sion Second Filing, and said West line extended to the South line
of Thatcher Avenue, a distance of 399.5 feet; thence East and
along the South right -of -way line of Thatcher Avenue, a distance
of 156.0 feet, more or less to the point of beginning, containing
4.97 acres more or less,
SECTION 2
Within thirty (30) days after the effective date of the Ordinance, the City Clerk shall:
(a) File one copy of the annexation map with the original of this ordinance in the office
of the City Clerk;
(b) File two certified copies of this Ordinance and annexation map with the Pueblo
County Clerk and Recorder;
(c) File on certified copy of the annexation map and this Ordinance with the
Southeastern Colorado Water Conservancy District.
SECTION 3
The City Council hereby consents to the inclusion of the annexed area in the Southeastern
Water Conservancy District pursuant to C.R.S. §37 -45- 136.(3.6)
SECTION 4
This Ordinance shall become effective immediately upon filing in the Office of the City
Clerk the Annexation Agreement executed by all owners of the annexed property and the
annexation shall be effective for ad valorem tax purposes on and after January 1, 2000.
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INTRODUCED February 8. 1999
BY Al Guru 1 e
uncilperson
APPROVED • � �-
G�`^ ( ✓
President of the Council
Reception 1269507
03/14/1999
ANNEXATION AGREEMENT
CASE NO. A -98 -4
(SHORT FORM)
This Annexation Agreement entered into as of November 4, 98
by and between the City of Pueblo, a Municipal Corporation, (the "City ") and
Robert Blackwell "et al" (the
"Petitioner "), WITNESSETH
WHEREAS, the Petitioner is the owner of the real property located in Pueblo County.
Colorado, and described on Exhibit "A" attached hereto and incorporated herein (the
"Property ");
WHEREAS, the Petitioner has submitted a petition for the annexation of the Property the
City; and
WHEREAS, as a condition precedent to the annexation of the Property, Petitioner has
agreed to enter into an annexation agreement with the City setting forth certain terms and
conditions with respect to such annexation.
NOW THEREFORE, in consideration of the foregoing, and the covenants and conditions
set forth herein, the City and Petitioner agree as follows:
REPRESENTATIONS AND WARRANTIES OF PETITIONER
Petitioner hereby represents and warrants to, and covenants with, the City as follows:
(1) Petitioner is an ( individual) ( cxxxxxxxxxxxxxxxxxXX &U#xMQMnioeixRi
w�ddby iagxm &acxhodang)oi xxxxxxxxxxxxxxx x} at � p zppdimkbe�
(2) Petitioner has good and marketable fee simple title to the Property subject only to
C. A. 2/8/98
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Permitted Encumbrances attached hereto as Exhibit "B."
(3) Petitioner is authorized to, and has taken all action required by it (a) to annex the
Property to the City and (b) to execute, deliver and perform its obligations under this Annexation
Agreement, and (c) to carry out and consummate all of its transactions contemplated by this
Annexation Agreement.
(4) This Annexation Agreement when executed and delivered, constitutes a valid and
legally binding obligation of the Petitioner enforceable against Petitioner according to its terms.
(5) Neither the execution and delivery of this Annexation Aareement nor the
fulfillment of or compliance with its terms and conditions, nor the consummation of the
transactions contemplated hereby, conflicts with or results in a breach of the terms, conditions or
provisions or any restriction or any agreement or instrument to which the Petitioner is bound, or
constitutes a default under any of the foregoing.
(6) There is no litigation pending, or to the knowledge of Petitioner threatened,
against the Petitioner or any person affecting the right of the Petitioner to execute this
Annexation Agreement or to comply with the provisions hereof.
(7) The representations and warranties of Petitioner contained herein will be true and
correct in all material respects as of the date of recording the annexation plat and Ordinance of
the City Council approving the annexation of the Property, as if made on the date of such
recording.
II. PETITIONER'S OBLIGATION
In consideration of the Citv annexing the Property to the City. Petitioner shall within
ONE ( 1) months from the date of recording the annexation plat for the Property:
f�.
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�l) Dedicate to the public, a strip of land, five (5) feet
in width, adjacent to both sides of Floyd Lane south
of Thatcher Ave. for roadway purposes. The purpose of
the dedication is to create a right -of -way of forty
(40 feet so curb and gutter and sidewalk could be
accommodated in the future.
XQ
*4
III. ZONING AND SUBDIVISION
The Property shall be zoned, developed and subdivided, if necessary, in conformity with
the requirements of all applicable ordinances, resolutions, regulations and standards of the City,
including without limitation, Titles 12 and 17 of the Pueblo Municipal Code, or as same may
hereafter be amended. The Property shall be annexed as residential & agricultur
District ( B_ 4 )
Nothing in this Annexation Agreement shall exempt or be construed to exempt the
Petitioner and/or the Property or any portion thereof from abiding by, and complying with City
Ordinances pertaining to zoning or minimum standards for subdivisions presently existing or as
same may hereafter be amended.
IV. BNDING EFFECT
The covenants, restrictions, and agreements herein set forth are covenants running with
the Property, shall run with and bind the Property, and shall extend to and be binding upon the
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Petitioner and its heirs, personal representatives, successors and assigns. The Petitioner
expressly accepts and agrees to the covenants, restrictions, and agreements set forth herein by
execution of this Annexation Agreement and by the filing of its petition for annexation.
V. AMENDMENTS
Amendments to this Annexation Agreement may only be made through formal petition to
and approval by Resolution of the City Council after such amendment has been submitted to and
reviewed by the appropriate City Departments and such Departments have submitted their
findings and recommendations to the City Council.
VI. SEVERABILITY
If any section, clause, or other provision of this Annexation Agreement is for any reason
determined to be invalid or unenforceable by any court of competent jurisdiction, such
determination shall not affect any of the remaining provisions of this Annexation Agreement.
VII. VESTED RIGHTS
As a condition of and in consideration of the City annexing the Property, the Petitioner,
for itself and its successors and assigns waives and releases all previously acquired or existing
vested property rights attached to or established with respect to the Property.
The Petitioner acknowledges and agrees that neither this Annexation Agreement nor any
provision hereof nor the annexation of the Property to the City, either separately or jointly (a)
creates or establishes a vested property right in or for the benefit of the Petitioner or its
successors or assigns, or with respect to the Property; or (b) constitutes a site - specific
development plan. The terms "vested property right" and "site- specific development plan' shall
have the same meaning as set forth in Section 17 -12 -2 of the Pueblo ivlunicipal Code and §24-
-4-
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VIII. BUILDING PERMITS
No building permit shall be approved by the City or issued by the Pueblo Regional
Building Department to construct or install any building, structure or other improvement on the
Property except within a subdivision which meets and complies with this Annexation Agreement
and the City's ordinances, standards, and regulations.
IX. DISCONNECTION
(1) Disconnection by Petitioner
Petitioner acknowledges and agrees that upon annexation of the Property, the Property
shall become subject to the Charter, ordinances and rules and regulations of the City, but that
City shall not have any obligation to furnish or extend municipal services to the Property.
Petitioner may, three (3) or more years after annexation, petition under § 13 -12 -110 C.R.S. for
disconnection from the City if the City does not, upon demand, provide the same municipal
services to the Property on the same general terms and conditions as the rest of the City receives.
(2) Disconnection by City
If, for any reason, Petitioner fails to comply with this Annexation Agreement, proceedings
may be instituted by the City to disconnect the Property from the City, and for such purpose, the
Petitioner irrevocably consents to such disconnection proceedings and waives any and all rights
to contest such disconnection.
X. MISCELLANEOUS
(1) Notice
All notices or other communications hereunder shall be sufficiently given and shall be
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deemed given when delivered, or mailed by registered or certified mail, postage prepaid,
addressed as follows:
(a) if to the City: Department of Public Works -City of Pueblo
211 East "D" Street, Pueblo, Colorado
Attention: Director of Public Works
(b) if to the Petitioner:
or to such other address as either party by written notice given hereunder may designate.
(2) Governing Law
This Annexation Agreement shall be governed and construed in accordance with the laws
of the State of Colorado, without regard to conflict of laws principles.
(3) No Third Party Beneficiaries
Nothing in this Annexation Agreement expressed or implied is intended to or shall be
construed to confer upon, or to give to, any person other than the City and the Petitioner any
right, remedy or claim under or by reason of this Annexation Agreement or any covenant,
condition or stipulation hereof; and all the covenants, agreements and stipulations in this
Annexation Agreement contained by and on behalf of the City or the Petitioner shall be for the
exclusive benefit of the City and the Petitioner.
(4) Singular. Plural
Unless the context requires otherwise, words denoting the singular may be construed as
denoting the plural. Word of the plural may be construed as denoting the singular. Words of one
gender may be construed as denoting the other gender, if applicable.
Executed at Pueblo, Colorado as of the day and year first above written.
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IN PUEB O a Municipal rporation
Y=], By
resident of the City Council
APPROVED AS TO FORM:
City Attorney
Robert Blackwell "et al"
See Attached Listing
[SEAL]
By
Attest: Title:
By
Title
IIIIII VIII VIII IIIIIII VIII III IIIIIII III IIIIII III IIII
STATE OF COLORADO ) 1269507 03/24/1999 01:15P ORD Chris C. Munoz
ss. 10 of 11 R 56.00 D 0.00 Pueblo Cty Clk & Rec.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 24th day of March ,
by Corinne Koehler as President of the City Council and
utcher as City Clerk of Pueblo, a Municipal Corporation.
•�� 1�pTAR �>�.'s
"- _p_prgA�Iy Cord
STATE OF
COUNTY OF
ss.
The foregoing instrument was acknowledged before me this
by
Witness my hand and official seal.
My commission expires:
day of ,
y hand and official seal.
ission expires:
-7-
Notary Public
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Mailing Legal Date of
Signatures Address Description Signing
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City of Pueblo
JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT
Director of Planning
DATE: December 17. 1998
TO: Pueblo City Council
FROM: City of Pueblo. Planning and Zoning Commission
SUBJECT: CASE NO. A- 98- 4-- ANNEXATION REQUEST- -FLOYD LANE SOUTH OF THATCHER AVENUE
SYNOPSIS
BACKGROUND: The applicants propose to annex several single family residences and undeveloped lots
to obtain municipal services.
ISSUES: The Commission has determined that the proposal is a logical extension of existing City
Limit Boundaries.
RECOMMENDATION: The Commission recommends approval by a 6 -0 vote subject to the condition that
property owners grant a 5 -foot easement for future sidewalk.
GENERAL INFORMATION
Applicant: Robert Blackwell. ET AL
Owner of Property: Twelve Property Owners
Location: 500 & 600 Block Floyd Lane
Size: To Be Determined
Build Out: Residential Infill
Type of Annexation: 50% Petition by Property Owners
STATUTORY REQUIREMENTS WHICH EXIST FOR ANNEXING PURPOSES
1. That not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous to the
existing City limits (contiguity may be established by the annexation of one or more parcels in a series.
which may be completed simultaneously and considered together for the purposes of the public hearing).
The properties are adjacent to the Western City Limits and are more than one -sixth (1/6) contiguous with
existing boundaries of the City.
211 E. T" Street, P.O. Box 1427 9 Pueblo, Colorado 81002 -1427 9 (719) 543 -6006 Fax (719) 543 -0572
Pueblo City Council
Case No. A -98 -4
December 17, 1998
Page Two
2. That a community of interest exists between the area proposed to be annexed and the City of Pueblo.
-- The property appears to be a logical extension of existing City Limit Boundaries and will benefit from
the provision of City services.
3. That said area is urban or will be urbanized in the near future-
-- The area consists of single family residences, undeveloped lots, agricultural uses (horse corrals). and
a commercial use (auction house).
4. That the area is integrated or is capable of being integrated with the City of Pueblo.
-- The area is capable of being integrated with the City of Pueblo.
5. That this proposed Annexation extends no further than a 3 -mile distance from the existing Pueblo City
limits.
-- This Annexation does not extend the City limits further than 3 miles from the existing City limits.
6. That a plan for the area within 3 miles of the existing Pueblo City limits has been prepared and will be in
place prior to completion of this proposed Annexation.
-- The City of Pueblo Annexation Master Plan 1997 Update was approved by Pueblo City Council Resolution in
December, 1997.
7. That the area is greater than 10 acres and an Annexation Impact Report has been prepared and submitted to
the City Clerk and Board of County Commissioners.
-- The area is less than 5 -acres and an Annexation Impact Report is not required.
ESTIMATED COSTS
Transportation: The area of the proposal is accessed south from Thatcher Avenue. Floyd Lane is very
narrow and has a difficult "jog" near Marinell Street.
-- Estimated Cost: Undetermined.
Police Protection: Upon Annexation. City police will have jurisdiction over the site.
-- Estimated Cost: None (Absorbed by Existing Service).
Fire Protection: The nearest City fire station is Fire Station No. 7 located at Pueblo Boulevard and St
Clair Avenue approximately 1.5 miles to the southeast. Response time to this area is
sufficient.
-- Estimated Cost: None.
Pueblo City Council
Case No. A -98 -4
December 17, 1998
Page Three
Water Service: The area of the proposal is not presently serviced. The annexation would have no
effect on existing water pressure (60 -70 p.s.i.). A main extension will be required in
Floyd Land and /or Marinell Street at the time water service is requested.
-- Estimated Cost: Undetermined.
Sanitary Sewer
Services: The area of the proposal is not presently serviced. The point of connection to the
existing public sanitary sewer system and any required sewer main extensions will need
to be determined.
-- Estimated Cost: Undetermined.
Storm Sewer
Services: There is existing storm sewer and surface drainage in the area. Narrow streets
restrict drainage. and the existing right -of -way as platted will not allow future
construction of curb and gutter to City geometric standards. Should be addressed in
the Annexation Agreement.
-- Estimated Cost: Not Applicable.
Parks /Recreation: Not Applicable.
Estimated
Departmental Costs: Undetermined.
Estimated Benefits: The City will incur additional revenue from property tax and sales tax from commercial
activity.
OTHER CONSIDERATIONS
Schools: This Annexation and nature of the neighborhood is not expected to increase enrollment
in School District No. 60 by a substantial amount.
Planning: A memorandum to the Commission from the Subdivision Review Committee dated December 9.
1998 states as follows:
"The existing right -of -way of Floyd Lane is only 30 -foot in width and has a 30 -foot jog
at Marinell Street. If curb and gutter and sidewalk is requested or required as a
condition of a building permit, there is not enough right -of -way to construct a roadway
with sidewalks. Even if the street was narrowed to twenty five (25') feet as is the
case in other streets along the south side of Thatcher Avenue, there would not be
enough room to construct sidewalks and mailboxes.
It is the Subdivision Review Committee's recommendation that as a CONDITION of the
annexation that the property owners be required to dedicate an additional five (5')
feet on each side of Floyd Lane so sidewalk could be constructed."
Pueblo City Council
Case No. A -98 -4
December 17. 1998
Page Four
ANALYSIS
The property for which annexation is sought is 25 lots lying east and west of Floyd Lane. south of Thatcher
Avenue adjacent to the western limits of the existing City Limit Boundary. The area consists of twelve
addressed residences, several undeveloped lots, horse corrals, and a commercial facility (auction house)
fronting on Thatcher Avenue. The purpose of the request is to receive municipal services. Property west and
south of Floyd Lane is undeveloped.
STAFF CONCLUSION
The Commission must determine if the proposal is a logical extension of the City Limit Boundary. It is not
known if revenue generated will exceed the cost of providing municipal services.
PUBLIC HEARING MINUTES (December 9. 1998. SPECIAL MEETING)
Dan Hanten, Hanten Surveying, appeared before the Commission representing the applicants. He said the
purpose of the application is to receive City water. He noted the city limit line is just east of the
subject properties. He said staff is concerned that the right -of -way width will not accommodate a future
sidewalk. They feel an additional 5 feet from each side is needed to have a 40 -foot right -of -way. He said
he thought he could work something out with the property owners to give an easement for the sidewalk.
Mr. Morgan concurred that they could accommodate sidewalks with an easement.
Albert Palazio, 834 Euclid, said he owns the lot at Thatcher Avenue and Floyd Lane and wanted assurances that
the use in the City would be the same as in the County. Mr. Olson informed him that the City zones would be
the same as the County zones.
No one else appeared to be heard. Chairman Mabie made the staff report a part of the record and closed the
hearing.
COMMISSION DECISION (DECEMBER 9. 1998. REGULAR MEETING)
Mr. Verna, seconded by Mr. Thomas, moved to recommend approval, subject to the conditions set forth in the
Subdivision Review Committee's memorandum dated December 9. 1998. Motion carried 6 -0.
VPM /sw
ATTACHMENTS ZONING /LOCATION MAP
STAFF CHECKLIST
SITE PHOTO
CITY OF PUEBLO DEPARTMENT OF PLANNING & DEVELOPMENT
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CASE A -98 - EXHIBIT ZONING /LOCATION MAP
LOCATION FLOYD LANE SOUTH OF THATCHER AVENUE
REQUEST ANNEXATION
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 sixteen (16) 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 Zoning.
TO BE COMPLETED BY PETITIONERS
Name of Annexation: C►TY V ICW C juUG DWLSM► , � 2- N,
Brief Description Of The Area Proposed To Be Annexed:
C I Y V IEV-) SUa1>V►5 ►0 r'-) 2� Et u,iNJ6
Location And Size In Acres: Section
Range J_ 5_ , West of the LO
AV, L- •7 a c r e s
100% of Owners ; Less
4 , Township 2. South,
P.M., County of Pueblo, Colorado,
than 100% of Owners X
School District No. ; Special Districts:
Impact Report: If the area proposed to be annexed is more than 10
acres in size, a draft of an impact report meeting the provisions of
C.R.S. X31 -12 -108.5 is required to be prepared by Petitioners and
submitted to the City's Director of the Department of Planning and
Development on the same date the Petition For Annexation is filed with
the City Clerk.
Annexation Agreement: The City may require the Petitioners to enter
into an Annexation Agreement prior to the effective date of the annex-
ation. 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 Zoning
e
Date Petition Filed l % -y - 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 Regis-
tered Mail on to Pueblo County Board of County Commis-
sioners, Pueblo County Attorney, School District No. ► and
special district:
Upon receipt of this Annexation Information Sheet, Petition For Annex-
ation, 16 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 12
prints of the annexation map to the Director of Zoning and refer the
Petition For Annexation to the City Council as a communication.
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.
531 -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:
A PARCEL OF LAND LOCATED IN THE NW 1/4 OF THE NW 1/4 OF SECTION 4, T. 21 S.,
R. 65 W., OF THE 6TH P.M., AND BEING A PART OF CITYVIEW SUBDIVISION SECOND FILING.
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF LOT I I IN SAID CITYVIEW
SUBDIVISION SECOND FILING; THENCE WEST AND ALONG THE SOUTH LINE OF SAID LOT
11, A DISTANCE OF 90.0 FEET, TO THE SOUTHWEST CORNER OF SAID LOT 11; THENCE
SOUTH AND ALONG THE EAST LINE OF SAID FLOYD LANE, A DISTANCE OF 58 FEET, TO
THE SOUTHWEST CORNER OF LOT 12 IN SAID SUBDIVISION; THENCE WEST, A DISTANCE
OF 120.0 FEET, TO THE SOUTHWEST CORNER OF LOT 21 IN SAID SUBDIVISION; THENCE
NORTH AND ALONG THE WEST LINE OF SAID SUBDIVISION, A DISTANCE OF 678.0 FEET;
THENCE WEST AND ALONG THE LINE OF LOT 32 IN SAID SUBDIVISION, A DISTANCE OF 6.0
FEET; THENCE NORTH AND ALONG THE WEST LINE OF SAID SUBDIVISION AND SAID LINE
EXTENDED A DISTANCE OF 399.5 FEET, TO THE SOUTH RIGHT -OF -WAY LINE OF THATCHER
AVENUE; THENCE EASTERLY ALONG THE SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE
OF 216.0 FEET, TO THE POINT OF TERMINUS.
As grounds for this annexation, petitioners state:
1. It is desirable and necessary that the area herein de-
scribed 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 than fifty percent (50 %) of the land -
owners in the area proposed to be annexed and owning
more than fifty percent ' x (50 %) of the area, excluding
public streets, 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 descrip-
tion 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 circu-
lator 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 sixteen
(16) prints of an annexation map containing the follow-
ing 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
IWM
one year before this annexation will take place.
13. As conditions of and in consideration of the City annex-
ing 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 annexa-
tion of the area proposed to be annexed is not a
site specific development plan and no vested
property right shall attached 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, the area shall
become subject to the Charter, ordinances, resolu-
tions, 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 develop-
ment 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 condi-
tions:
(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).
-3-
Signatures
Mailing Legal Date of
Address Description Signing
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Mailing Legal Date of
Sign Address Description Si nin
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
CIRCULATOR'S OATH
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.
Circu ator's SiInature
Subscribed and sworn to before me this 3 � day of
199 by EDoaRD AA, Ae,1
My commission expires:
[SEAL]
No ary Public
-5-
ANNEXATION TO THE CITY OF PUEBLO, COLORADO.
A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4,
TOWNSHIP 21 SOUTH, RANGE 65 WEST, OF THE 6TH P.M.
CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO.
THATCHER
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HANTEN SURVEYING, INC.
TO THE
FOR CITY E OF TI PUEBLO. COLORADO.
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HANTEN SURVEYING, INC.
TO THE
FOR CITY E OF TI PUEBLO. COLORADO.
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MEMORANDUM
TO: Planning and Zoning Commission
FROM: Subdivision Review Committee
SUBJECT: A -98 -4 ANNEXATION REQUEST - FLOYD LANE SOUTH OF THATCHER
DATE: December 9, 1998
The existing right -of -way of Floyd Lane is only 30' in width and has a 30' jog at Marinell St. If
curb and gutter and sidewalk is requested or required as a condition of a building permit, there
is not enough right -of -way to construct a roadway with sidewalks. Even if the street was
narrowed to twenty five (25') feet as is the case in other streets along the south side of
Thatcher Ave., there would not be enough room to construct sidewalks and mailboxes.
It is the Subdivision Review Committee's recommendation the as a CONDITION of the
annexation that the property owners be required to dedicate an additional five (5') feet on each
side of Floyd Lane so sidewalk could be constructed.
xc: Robert Blackwell
514 Floyd Lane
Pueblo, CO 81005
Hanten Surveying, Inc.
2301 Grand Ave.
Pueblo, CO 81003