HomeMy WebLinkAbout07157Reception 1591272
10/25/2004
ORDINANCE NO. 7157
AN ORDINANCE ANNEXING THE AREA
COMMONLY KNOWN AS THE WATKINS
ANNEXATION AND DESCRIBED AS
APPROXIMATELY 0.05 ACRES SOUTH OF
BESSEMER DITCH, NORTH OF THATCHER
AVENUE (STATE HIGHWAY 96)
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,
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 parcel of land being a portion of the S 1/2 of Section 33, Township 20 South,
Range 65 West of the Sixth Principal Meridian being more particularly described
as follows:
A portion of the S 1/2 of an unnamed vacated roadway described in that
resolution filed for record June 5, 1951 in Book 1157 at Page 43 and at
Reception No. 891171 in the records of the Pueblo County Clerk and Recorder
being north of that parcel described in that document filed for record August 15,
1985 in Book 2253 at Page 113 at Reception No. 779623 in the records of the
Pueblo County Clerk and Recorder which reads as follows:
Tract "C" in the S 1/2 of Section 33, T. 20 S. R. 65 W., more particularly
described as follows:
BEGINNING at the Southwest comer of Section 33, Township 20 South, Range
65 West of the 6th P.M.; thence East, along the South line of Section 33, a
distance of 1,071.63 feet, thence North, a distance of 23 feet to the southwesterly
comer of Tract 23, said comer being the POINT OF BEGINNING of the
herewithin described tract:
(1) Thence North along the west line of tract 23, a distance of 397.94 feet to the
Northwesterly comer of said Tract 23;
(2) Thence N. 61 along the Northerly boundary of said tract 23, a
distance of 220.23 feet;
(3) Thence South, a distance of 503.5 feet to a point on the South line of said
Tract 23;
(4) Thence West, along the south line of the said Tract 23, a distance of 193.20
feet, more or less, to the POINT OF BEGINNING; and one-half of the vacated
street adjoining said property on the North side as vacated in Book 1157, Page
43, Instrument No. 891171. Excepting herefrom a parcel of land described as
follows: A parcel of land, situated in the S 1/2 of the SW 1/2 of Section 33, TWP
20 South, Range 65 West of the 6th P.M. and more particularly described as
follows: Commencing at the Southwest comer of the said Section 33; thence
East along the South line of said Section 33 a distance of 1173.91 feet; thence
North a distance of 23.0 feet to the POINT OF BEGINNING of the herein
described parcel of land, said POINT OF BEGINNING being on the South line of
Tract 23 and 102.28 feet East of the Southwest comer of said Tract 23 of the
Colorado Fuel and Iron Company Plat of Tract 1 to 30 in the S 1/2 of Section 33,
TWP 20 South, Range 65 West of the 6th P.M. (West of City Park); thence
continuing North a distance of 453.80 feet; thence N 61 °21'30" E. distance of
103.70 feet; thence South a distance of 503.50 feet; thence West a distance of
91.01 feet to the POINT OF BEGINNING of the herein described parcel of land;
County of Pueblo, State of Colorado.
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;
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(b) File for recording three certified copies of this Ordinance and annexation map
with the Pueblo County Clerk and Recorder;
(c) File one 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).
R -4 4M .
This ordinance shall become effective immediately upon final passage and
the annexation shall be effective for ad valorem tax purposes on and after
January 1, 2005.
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INTRODUCED June 14.2004
r
o BY Michael Occhiato
COUNCIL PERSON
APPROVED
PRESIDEr OF CITY COUNCIL
ATTEST:
CITY CLERK
PASSED AND APPROVED: June 28, 2004
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM # °Za
DATE: JUNE 14, 2004
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMENT /CATHY GREEN
TITLE
AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE WATKINS
ANNEXATION AND DESCRIBED AS APPROXIMATELY 0.05 ACRES SOUTH OF
BESSEMER DITCH, NORTH OF THATCHER AVENUE (STATE HIGHWAY 96)
ISSUE
Shall the City Council approve the proposed annexation of property located south of
Bessemer Ditch and north of Thatcher Avenue (State Highway 96)?
RECOMMENDATION
The Planning and Zoning Commission recommends approval by a vote of 7 -0-0.
BACKGROUND
The Watkins Annexation submitted by Winston Watkins comprises approximately 0.05
acres south of Bessemer Ditch, North of Thatcher Avenue (State Highway 96). The
property is a portion of the right of way of an unnamed County road that was vacated
by Pueblo County in 1951. The property is currently zoned in an (A-4) Agricultural
Zone District within Pueblo County. The applicant has agreed to file an application to
rezone the property to an R -2 Single Family Residential Zone District if the annexation
is approved. At subdivision, the property will be combined with the applicant's one-
acre parcel south of the property being annexed into the city. The one -acre parcel is
already annexed into the City and zoned R -2. The Pueblo Regional Development
Plan identifies the future land use as "Suburban Residential ".
FINANCIAL_ IM PACT
The City of Pueblo will be responsible for providing police and fire protection services
to the property. In addition the public roads and sanitary sewer main extensions will
be maintained by the City of Pueblo once they have been constructed and accepted
by the City.
Reception 1591274
10/25/2004
ANNEXATION AGREEMENT
CASE NO. A -04 -01 Watkins Annexation
This Annexation Agreement entered into as of June 28 . 2004, by and between the
City of Pueblo, a Municipal Corporation, (the "City ") and Winston Watkins (the "Petitioner"),
WITNESSETH
WHEREAS, the Petitioner is the owner of the real property located in Pueblo County,
Colorado, and described in Exhibit "A" attached hereto and incorporated herein (the "Property ");
WHEREAS, the Petitioner has submitted a petition for the annexation of the Property to 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:
I. REPRESENTATION AND WARRANTIES OF PETITIONER
Petitioner hereby represents and warrants to, and covenants with, the City as follows:
(l) Petitioner is an individual.
(2) Petitioner has good and marketable fee simple title to the Property subject only to
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 Agreement 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.
H. MASTER DEVELOPMENT PLAN
Petitioner will prepare and submit or cause to be prepared and submitted to the Planning and
Zoning Commission for approval a Master Development Plan for the Property. The Master
Development Plan shall be prepared in consultation with the City's Subdivision Review Committee
and Department of Planning and Development and submitted in its entirety to the Planning and Zoning
Commission. The Master Development Plan will comply with the policies of the Pueblo Regional
Comprehensive Development Plan existing as of the date the Master Development Plan is approved,
and will be designed to address, identify and resolve all development, drainage, utilities, traffic and
other infrastructure needs and requirements and the wide range of planning and development issues
involved in and with respect to the development of the Property. The Master Development Plan as
submitted and approved by the Planning and Zoning Commission will have the flexibility to adapt to
changing conditions over the estimated time period for the development of the Property and shall
consist of the following: (a) Development Plan, (b) Drainage Plan, (c) Sanitary Sewer Plan, (d)
Transportation Plan, and (e) Environmental Study:
(1) Development Plan The Development Plan shall be prepared in accordance with the
requirements of Sections 12- 4- 5(a)(2) and 12- 4 -6(a) of the Pueblo Municipal Code. A development
plan establishing the anticipated phasing of the development of the Property shall be prepared as part
of the Development Plan.
(2) Drainage Plan The Drainage Plan shall be prepared in accordance with the Storm
Drainage Design Criteria and Drainage Policies for the City of Pueblo, Colorado, published June 9,
1997, or as same may hereafter be amended (MANUAL) and be certified by a Professional Engineer
competent in the field of surface water drainage engineering and registered in the State of Colorado.
The Drainage Plan shall address surface water drainage within the Property and onto the Property
from other areas, as well as the effects of the development of the Property upon downstream
properties and drainage facilities. Water quality management and erosion control measures will be
incorporated in the Drainage Plan to meet future NPDES requirements. Associated impacts on City's
existing and proposed surface water drainage system shall be identified in the Drainage Plan, and
those impacts which are reasonably attributable to the development of the Property as determined by
the City, in its sole discretion, shall be mitigated through surface water drainage improvements
installed by and at the expense of the Petitioner. The Drainage Plan shall include a phasing plan or
schedule for such improvements. Storm water detention facilities, designed and constructed in
accordance with the MANUAL, may be used to mitigate the increased runoff due to development of
the Property.
(3) Sanitary Sewer Plan The Sanitary Sewer Plan shall be prepared in accordance with
the Sanitary Sewer Design Criteria and Policies for City of Pueblo published May 12, 1999, or as
same may hereafter be amended, and be certified by Professional Engineers competent in the field of
sanitary sewer engineering and registered in the State of Colorado. The Sanitary Sewer Plan shall
address the needs of the entire gravity -fed sanitary sewer drainage basin of which the Property is a
part. The sewer drainage basin shall be approved by the Director of Public Works. Associated
impacts on City's existing non - backbone system (less than 15 -inch diameter) and proposed sanitary
sewer system shall be identified in the Sanitary Sewer Plan, and those impacts which are reasonably
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attributable to the development of the Property as determined by the City, in its sole discretion, shall
be mitigated through the installation of sanitary sewer improvements installed by and at the expense
of the Petitioner. The Sanitary Sewer Plan shall include a phasing plan or schedule for such sanitary
sewer improvements.
If sanitary sewers within the Property are oversized to serve future development outside the
Property but within the sewer drainage basin, an Agreement to partially recover cost of constructing
oversized or off -site sewer collection system improvements ( "Agreement ") will be entered into
between the Petitioner and the City in accordance with Chapter 5, Title XVI of the Pueblo Municipal
Code or as same may hereafter be amended.
If sanitary sewers are constructed downstream from the Property which will serve future
development outside the Property but within the sewer drainage basin, the Agreement may include
provisions allowing the Petitioner to be reimbursed in accordance with said Chapter 5 of the City's
ordinances.
The Agreement will comply with the City's then existing applicable ordinances but shall not
require any cost recovery from the City except to the extent that funds therefore are made available by
Resolution of the City Council pursuant to Section 16 -11-4 of the Pueblo Municipal Code or as same
may hereafter be amended for oversizing the sanitary sewer system within the Property.
(4) Transportation Plan The Transportation Plan shall be prepared in accordance with
the criteria and general outline specified by the City Traffic Engineer and shall be supported by
studies and reports prepared by Professional Engineers competent in the field of transportation and
registered in the State of Colorado. Associated impacts on City's existing and proposed traffic and
roadway systems shall be identified in the Transportation Plan and studies, and those impacts which
are reasonably attributable to the development of the Property as determined by the City, in its sole
discretion, shall be mitigated through traffic improvements constructed and installed by and at the
expense of the Petitioner (such as, but not limited to, traffic signals, signal interconnect, conduit and
wire, deceleration /acceleration lanes, and median islands). The Transportation Plan shall include a
phasing plan or schedule of such traffic improvements. If street improvements through or adjacent to
property outside the Property are required to be constructed, the Petitioner will pay the entire cost of
such improvements and thereafter be eligible for such cost recovery as may be provided under
Section 12 -4 -12 of the Pueblo Municipal Code or as same may hereafter be amended, but shall not
be eligible for any cost recovery from the City.
(5) Environmental Studies In addition to the requirements of Section 12- 4- 6(b)(3) of the
Pueblo Municipal Code, if the Property includes any land that is adjacent to or has previously been
used for solid waste disposal by land filling, the Petitioner at its expense, shall provide the City with
a Phase I Environmental Study of the Property and a further in -depth study of any potential methane
gas presence on, or migration from or to the Property. Such studies shall be performed by
Professional Engineers competent in environmental engineering. The boundaries of the landfill area
shall be identified on the Master Development Plan and shall be tested for the presence of methane
gas in accordance with procedures approved by the appropriate State Agencies and the results
summarized as a comparison to State and Federal regulatory limits of the landfill area and at the
exterior boundary of the landfill area.
Petitioner may submit the Master Development Plan to the Planning and Zoning Commission
for approval any time after the City Council has found the petition for annexation of the Property to
be valid in accordance with the provisions of section 31 -12 -107, C.R.S. The City may refuse to
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approve any building or occupancy permit for any portion or all of the Property until after a Master
Development Plan is approved.
III. ZONING AND SUBDIVISION
(1) No application for subdivision of all or any part of the Property shall be submitted to
or considered by the City until after the Master Development Plan has been approved by the Planning
and Zoning Commission; provided, however, that if the Property is intended to be included in a
single subdivision, the application for such subdivision may be submitted at the time the Master
Development Plan is submitted to the Planning and Zoning Commission. No subdivision of the
Property shall be approved prior to the time the ordinance annexing the Property is approved on final
presentation.
(2) Petitioner must approve and initial one of the following:
The Property shall be zoned , the land use classification
most nearly corresponding to the land use classification into which Property has been classified
under the City's comprehensive plan.
The property shall be zoned Agricultural One (A -1) for a period not to exceed
months from the date of this Annexation Agreement. However, no building or occupancy permit
shall be approved by the City or issued by the Pueblo Regional Building Department for any part of
the Property until after the Property is zoned in the land use classification most nearly corresponding
to the land use classification into which such land has been classified under the City's
j prehensive plan.
io X Petitioner will file an application to rezone the Property to a Single- Family Residential
tric t (R -2) no later than ninety (90) days after the time of approval of the annexation ordinance. If
the Property is not so zoned, no building or occupancy permit shall be approved by the City or issued
by the Pueblo Regional Building Department for any part of the Property.
(3) A petition to zone the Property may be filed at any time after the petition for
annexation has been found to be valid in accordance with the provisions of Section 31 -12 -107,
C.R.S. The Planning and Zoning Commission may hear the petition for rezoning and make its
recommendations thereon prior to annexing the Property, but the proposed zoning ordinance shall
not be passed on final presentation prior to the date the ordinance annexing the Property is approved
on final presentation.
IV. PUBLIC FACII.ITTES
The Petitioner shall dedicate land and right -of -way for public uses and facilities necessary
and required to serve the Property or required as a result of the development of the Property as
determined by the City, in its sole discretion, including, but not limited to, sanitary and storm sewers,
drainage ways and facilities, utilities, streets, roadways, trail systems and parks. The Petitioner at its
expense shall construct and install all on -site and off -site improvements necessary and required to
serve the Property or required as a result of the development of the Property as determined by the
City, in its sole discretion, including, but not limited to, streets, street lights, curbs and gutters,
sidewalks, bridges, traffic control devices, sanitary sewers, storm sewers, drainage and channel
improvements and facilities, but excluding public buildings such as fire stations. All such
improvements shall meet and comply with applicable City Ordinances in effect at the time of
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V. UTILITIES - - -- -- - - The Petitioner shall comply with all applicable City of Pueblo (sanitary and storm sewers),
Public Service Company (natural gas), Aquila (electric), TCI Cablevision (cablevision), Pueblo
Board of Water Works (water), and Qwest (telephone /data transmission) requirements for the
installation of mains, lines, stations, and any other appurtenant utility facilities in effect at the time of
such installation.
VI. COMPLIANCE WITH ORDINANCES
The development, subdivision and zoning of the Property shall meet and comply with all
applicable ordinances, resolutions, regulations, and standards of the City now existing or hereinafter
enacted or amended.
VII. BINDING 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 Petitioner
and its legal representatives, successors, assigns and transferees. 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. If Petitioner defaults in any
of its obligations under this Annexation Agreement, including, without limitation, land dedication
obligations, City, upon notice given to Petitioner specifying the default, may withhold all
subdivision, special area plan, and other development approvals as well as building and occupancy
permits for any building or structure within the Property until such default has been corrected to the
satisfaction of the City.
VIII. 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. All amendments to the Master Development Plan must
be approved by the Planning and Zoning Commission after review and recommendation by the
appropriate City Departments.
IX. 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.
X. 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.
-5-
The Petitioner acknowledges and agrees that neither this Annexation Agreement nor any
provision hereof, nor the annexation of the Property to the City, nor the approval of the Master
Development Plan, zoning or subdivision, 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 Municipal Code and §24 -68 -101, et seq., C.R.S.
XI. BUILDING PERMITS
No building or occupancy permit shall be approved by the City or issued by the Pueblo
Regional Building Department to occupy, construct or install any building, structure or other
improvement on the Property except within a subdivision approved by the City after adoption of the
ordinance annexing the Property which meets and complies with this Annexation Agreement and
City's ordinances, standards, and regulations.
XII. DISCONNECTION
(1) Disconnection by Petitioner Petitioner acknowledges and agrees that upon
annexation of the Property, the Property shall become subject to this Annexation Agreement, 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 §31 -12 -119 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, the Master Development Plan is not
approved and adopted by the Planning and Zoning Commission within three (3) years from date of
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.
XM. CONTRACTUAL NATURE OF ANNEXATION AGREEMENT
The terms, conditions and obligations of this Annexation Agreement are and shall be
construed to be purely contractual in nature, as terms, conditions and obligations voluntarily agreed
to by City and Petitioner prior to annexation of the Property to the City. The terms, conditions and
obligations imposed on Petitioner and the Property by this Annexation Agreement are not nor shall
they individually or cumulatively be construed to be conditions upon granting land -use approvals
within the meaning of sections 29 -20 -201 to 29 -20 -204, C.R.S.
XIV. SPECIAL IMPROVEMENTS, DEDICATIONS AND IMPACT FEES
In addition to the on -site and off -site improvements and land dedications required to be made
by the provisions of this Annexation Agreement, Petitioner will construct and install the
improvements, dedicate the land, and pay or cause to be paid the impact fees described in Exhibit
"C" attached hereto and incorporated herein. The improvements, dedication, and impact fees
described in said Exhibit "C" are in addition to and not in substitution for any improvements or
dedications otherwise required by this Annexation Agreement.
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XV. MISCELLANEOUS
(1) Notice All notices or other communications hereunder shall be sufficiently given and
shall be deemed given when personally 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: Winston Watkins
12955 Highway 291
Salida, CO 81201
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 law 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. Words of the plural may be construed as denoting the
singular. Words of one gender may be construed as denoting the other gender, if applicable.
(5) Entire Agreement All prior discussions, representations, understandings and
agreements, whether oral or written, between the parties with respect to the subject matter of this
Annexation Agreement are merged in this Annexation Agreement, which constitutes the entire
agreement between the parties.
of �. c e co. �'`
ec a at Pueblo, Colorado as of the day and year first above written.
1IV f
�~ =`' PUEBLO M 1 C ti n
APPROVED AS TO FORM:
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City Attorney
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By "X yoin
President f the City Council
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[SEAL]
Attest: Rebecca L. Sanford
B
Title
STATE OF COLORADO ) ss.
COUNTY OF PUEBLO )
I , VET T nONER .
By Winston Watkins
Title: &4r - x
The foregoing instrument was acknowledged before me this 1 2jdayof - TLJ 1 , ,
2004 , by Randy Thurston as President of City Council and
Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
expires: 2 - 2 2DD7
SEAL]
N ary Public
The foregoing instrument was acknowledged before me this j� day of �1utA ,
200 J,by W%Aj*W lti1D��r1�X v�g
Witness my hand and official seal
My commission expires: A" 1 P
N otary PuBlic
REBECCA L.SANFORD
State of Alaska
[ SEAL] My Commission Expires April 18, 2006
Notary Public
EXHIBIT A
ANNEXATION PARCEL
A parcel of land being a portion of the S 1/2 of Section 33, Township 20 South, Range
65 West of the Sixth Principal Meridian being more particularly described as follows:
A portion of the S 1/2 of an unnamed vacated roadway described in that resolution filed
for record June 5, 1951 in Book 1157 at Page 43 and at Reception No. 891171 in the
records of the Pueblo County Clerk and Recorder being north of that parcel described in
that document filed for record August 15, 1985 in Book 2253 at Page 113 at Reception
No. 779623 in the records of the Pueblo County Clerk and Recorder which reads as
follows:
Tract "C" in the S 1/2 of Section 33, T. 20 S. R. 65 W., more particularly described as
follows:
BEGINNING at the Southwest corner of Section 33, Township 20 South, Range 65
West of the 6th P.M.; thence East, along the South line of Section 33, a distance of
1,071.63 feet; thence North, a distance of 23 feet to the southwesterly comer of Tract
23, said comer being the POINT OF BEGINNING of the herewithin described tract:
(1) Thence North along the west line of tract 23, a distance of 397.94 feet to the
Northwesterly comer of said Tract 23;
(2) Thence N. 61'21'30" E., along the Northerly boundary of said tract 23, a distance of
220.23 feet;
(3) Thence South, a distance of 503.5 feet to a point on the South line of said Tract 23;
(4) Thence West, along the south line of the said Tract 23, a distance of 193.20 feet,
more or less, to the POINT OF BEGINNING; and one -half of the vacated street
adjoining said property on the North side as vacated in Book 1157, Page 43, Instrument
No. 891171. Excepting herefrom a parcel of land described as follows: A parcel of
land, situated in the S 1/2 of the SW 1/2 of Section 33, TWP 20 South, Range 65 West
of the 6th P.M. and more particularly described as follows: Commencing at the
Southwest comer of the said Section 33; thence East along the South line of said
Section 33 a distance of 1173.91 feet; thence North a distance of 23.0 feet to the
POINT OF BEGINNING of the herein described parcel of land, said POINT OF
BEGINNING being on the South line of Tract 23 and 102.28 feet East of the Southwest
comer of said Tract 23 of the Colorado Fuel and Iron Company Plat of Tract 1 to 30 in
the S 1/2 of Section 33, TWP 20 South, Range 65 West of the 6th P.M. (West of City
Park); thence continuing North a distance of 453.80 feet; thence N 61 E.
distance of 103.70 feet; thence South a distance of 503.50 feet; thence West a
distance of 91.01 feet to the POINT OF BEGINNING of the herein described parcel of
land; County of Pueblo, State of Colorado.
1111111111111111111111111111111111111111111111111111111 1 /29 02 0406
ChrisC.Munoz Pueb1oCtYC1k &Rec RNNX AG R 61.00 D 0.00
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111 059004 0406
ChrisC.Muncz Pueb1oCtyC1k&Rec ANNX AG R 61.00 D 0.00
PROPOSED NEW CITY LIMITS LINE
BEGINNING at the NW comer of that parcel described in that Warranty Deed filed for
record August 15, 1985 in Book 2253 at Page 113 at Reception No. 779623; thence
north 22.79 feet to a point on the centerline of an unnamed 40' vacated roadway filed
for record June 5, 1951 in Book 1157 at Page 43; thence N 61 °21'30 "E a distance of
116.23 feet; thence south a distance of 22.79 feet to the NE comer of said parcel and
the POINT OF TERMINUS.
EXHIBIT B
NONE
III�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Page: 0406
ChrisC.Munoz PuebloC[yClk &Rec RNNX AG R 61.00 D 0.00
EXHIBIT C
NONE
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIII
Pa
ChrisC.Munoz PuebloCtYClk&Rec ANN( AG R 61.00 D 0.00
RECORDED y 3 o A • ��• JUN 5 1951 677!! 115 7 �!C� 4`i
)L G, 40016NULKGEK kecordet
STATE OF COLORADO,
59,
County of Pueblo,
The Board of County Commissioners net in............ .. .... .... _.- ... - .._ .... ... .........session in its
office in Pueblo County, Colorado, on -_ ..- ib°X....__.._........._.- ...... the - ._ ... 4 th.. -..._ _. ..day of
y
.... .. .......... ..............A. D. 19. at ............ .. ........ ..._................. . ._ ....... o'clock.
Present: ...... ............ . . Jtl..h....n ... B.. . . Hill PRO TIN Chairman.
.........................._....... -. .
" _..._ _. .... ...... County Commissioner.
"
........... .. ..............__.._..._.._...._ ..._.. ___ _County Commissioner.
V„ 4. 9sav}+ County Attorney.
..
_........._ ........... . ..
._...- .............. _......... .
............ __..__..._. .. __ . -. ........_ ................County Clerk.
„ A, Ge _IbA$h" _Deputy.
_..
When the following proceedings, arnong others, were had and dune, to-wit:
The following resolution was introduoedt
iHOSAS, the residents livisig west of Oity Part have requested the Hoard
to vacate a road. South halt (e) of Section thirty three (334, Township twenty
(LIO), range sixty five (60 rift)' feet wide extending from Beadesaer Ditch and
following south side of Bessemer Ditch to point where it intersects Highway 96.
HOW TMU70RB BE IT RESOLVED, that the above described toad be and hereby
Is vaeated by the following vote as roll calls
IMOE -Aye, BILL -A,rs.
STATE OF COLORADO,
es.
County of Pueblo,
I, A. G. KOCHENBERGER, County Clerk and cx- officio Clcrk of the Board of ('aunty Convnis-
sioners in and for the County and State af<rcmdd, do hereby certify that the annexed and forcgoiag
order is truly copied from the Records of t proceedings of the Board of County Commissioners for
said Pueblo County, now in my office.
IN WITNESS NVIII:RI:OF, I have hereunto wet my hand and affixed
the seal of said County, at Pueblo, this 4th day of
;Una ........ A. D. 19.5.1
A. G. KOCHENBEIRGER, County Clerk.
Ry ._- ... .... . ...< : r rr `7 ^i s / __.Deputy.