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HomeMy WebLinkAbout07368Reception 1644572 10/21/2005 Substituted Copy 9 -12 -05 ORDINANCE NO. 7368 AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE ROCKY MOUNTAIN STEEL ANNEXATION PHASE 2 AND DESCRIBED AS WEST OF LIME ROAD AND SOUTHEAST OF THE INTERSTATE 25 AND PUEBLO BOULEVARD INTERCHANGE AND APPROVING AN ANNEXATION AGREEMENT RELATING THERETO 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, and the official map of the City shall be amended to show such annexation: Rocky Mountain Steel Phase 2 A parcel of land located within the North one -half of the Southeast one - quarter of Section 24, Township 21 South, Range 65 West of the 6 Principal Meridian, in the County of Pueblo, State of Colorado, being more particularly described as follows: Beginning at a point on the Easterly Right of Way line of the Burlington Northern Santa Fe & Union Pacific Railroad, from which the Northwest corner (found monument is a 3'/<" aluminum cap, L.S. #33651) of Section 20, Township 21 South, Range 64 West bears N 61 53' 06" E a distance of 7,563.05 feet; 1. Thence N 02 27' 37" E, along said Easterly Right of Way line (Existing City Limits Line), a distance of 262.08 feet; 2. Thence S 86 40'20" E a distance of 95.40 feet; 3. Thence N 75 00' 00" E a distance of 425.00 feet; 4. Thence S 15 00'00" E a distance of 190.00 feet; 5. Thence S 75 W a distance of 484.76 feet; 6. Thence S 59 40' 02" W a distance of 113.48 feet to the Point of Beginning. Said Parcel contains 2.49 acres. more or less. BASIS OF BEARINGS Bearings are based on the North line of Section 20, Township 21 South, Range 64 West from the Northwest corner (found monument is a 3 %" aluminum cap, L.S. #33651) to the Northeast corner (found monument is a 3%" aluminum cap, L.S. #33651) to bear S 89 23' 07" E. SECTION 2. The owners of one hundred percent (100 %) of the property to be annexed have petitioned for such annexation. SECTION 3. The Annexation Agreement in the form and content presented to the City Council at this meeting is hereby authorized and approved. The President of the City Council is hereby directed and authorized to execute and deliver the Annexation Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 4. 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 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 5 The City Council hereby consents to the inclusion of the annexed area in the Southeastern Colorado Water Conservancy District pursuant to C.R.S. § 37- 45 -136 (3.6). SECTION 6. 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, 2006. Us �:� ao to. coC °nazrn ATTEST: i INTRODUCED August 22, 2005 l • MBT:g m - PASSED AND APPROVED: September 12. 005 Background Paper for Proposed ORDINANCE AGENDA ITEM # DATE: SEPTEMBER 12, 2005 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENTMIM MUNCH TITLE -# 73 (ag X 51 AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE ROCKY MOUNTAIN STEEL ANNEXATION PHASE 2 AND DESCRIBED AS WEST OF LIME ROAD AND SOUTHEAST OF THE INTERSTATE 25 AND PUEBLO BOULEVARD INTERCHANGE ISSUE Shall the City Council approve the proposed annexation of property that is west of Lime Road and southeast of the interstate 25 and Pueblo Boulevard interchange? RECOMMENDATION The Planning and Zoning Commission, at their August 10, 2005 Regular Meeting, voted 6-0 to recommend approval. BACKGROUND The Rocky Mountain Steel Annexation Phase 2 submitted by Rocky Mountain Steel Mills comprises 2.49 acres located west of Lime Road and southeast of the Interstate 25 and Pueblo Boulevard interchange. This annexation petition is the second in a series of four phased annexations of property into the City of Pueblo that comprise the flag pole extension of city boundaries which enable the annexation of the Xcel Energy property into the City of Pueblo. The property is currently zoned in an (A -1) Agricultural Zone District within Pueblo County. FINANCIAL IMPACT Except as otherwise provided in the Annexation Agreement, upon annexation (a) the property is subject to the Charter, ordinances, resolution and rules and regulations of the City, and (b) City will provide the same municipal services to the property on the same general conditions as the rest of the City receives. CONSENT AND JOINDER THIS CONSENT AND JOINDER is made as of 4(ra„1,Aq- / L , 2005, by Public Service Company of Colorado, a Colorado corporation ( "PSCo "). RECITALS A. CF &I Steel, L.P., a Delaware limited liability partnership dba Rocky Mountain Steel Mills ( "RMS ") has submitted petitions for the annexation of certain property to the City of Pueblo (the "City"). B. PSCo has executed the petitions for Phases 2 and 3 of the RMS annexation to include certain property which is owned by PSCo and described in such petitions (the "PSCo Property"), in the annexation to the City. C. RMS and the City have entered into an Annexation Agreement dated J 4,10 lGt, 2005, a copy of which is attached hereto (the "RMS Agreement'). D. The City and PSCo desire that the RMS Agreement govern the terms and conditions of the annexation of the PSCo Property into the City. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, PSCo hereby joins in the RMS Agreement for the purpose of agreeing to be bound by the obligations and agreements of the RMS Agreement with respect to the PSCo Property, provided that PSCo makes the representations and warranties contained therein only insofar as they affect and apply to the PSCO Property, and states that it is a corporation, duly organized and existing under the laws of the State of Colorado. The City, by executing a copy of this Joinder, consents to the joinder and agrees that PSCo shall be entitled to the benefits and rights accruing under the RMS Agreement with respect to the PSCo Property. The terms, covenants and conditions contained in this Consent and Joinder shall bind and inure to the benefit of PSCo and its successors and assigns. Notices to PSCo under the Agreement should addressed as follows: Manager, Siting and Land Rights Xcel Energy 550 15th Street, Suite 700 Denver, Colorado 80202 -4256 IN WITNESS WHEREOF, PSCo has caused this Consent and Joinder to be executed as of the date first above written. [Signature Page Follows] SIGNATURE PAGE TO CONSENT AND JOINDER PSCo: Public Service Company of Colorado, a CCoolo7�, ration By: Name: P ter West Title: Managing Director, Local Affairs STATE OF Co (Zq\p ) ss. C.ITi & COUNTY OF D ✓� ) The foregoing instrument was acknowledged before me this 1 gr" day of Ao c+ o so 2005, by PL-rr:z W ssr , the tLanc. ar.DMC.cro2. Lncc of Public Service Company of Colorado, a Colorado corporation. AFFArk_S P- A Notary Public My commission expires: No✓gq�{g,t 3t20o$ [SEAL] PAUL KELLOGG ACCEPTANCE AND AGREEMENT BY THE CITY City: PUEBLO Attest: [SEAL] City Clerk APPROVED AS TO FORM: City Attorney STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this . 14th day of °ntP mber 2005, by Rohart D. Schilling. Jr , as President of the City Council and Gina Dutcher as City Clerk of Pueblo, a Municipal corporation. Notar ublic My commission expires: 6/26/07 [SEAL] DWR1:60313099.01 a municipal corporation