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Home My WebLink About07586Reception 1727573 05/25/2007 ORDINANCE NO. 7586 AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE HIGHWAY 78 TOWER SITE ANNEXATION AND DESCRIBED AS SOUTHEAST OF STATE HIGHWAY 78 IN THE SOUTHEAST '/4 OF SECTION 19, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6 PRINCIPAL MERIDIAN 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; 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 official map of the City shall be amended to show such annexation: AREA TO BE ANNEXED: A parcel of land located within a portion of the NW % of the SE' /4 and the NE % of the SW % of Section 19, Township 21 South, Range 65 West of the Sixth Principle Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: BEGINNING at the intersection of the southeasterly right of way line of Colorado State Highway No. 78 and the east -west centerline of said Section 19; thence N 89 0 53'55 "E (bearings based on the said east -west centerline of said Section 19, monumented at the east end with a 6" X 6" concrete marker with an "X" on top and monumented at the said intersection of the southeasterly right of way line of Colorado State Highway No. 78 and the said east -west centerline of said Section 19 with a 2" brass cap in concrete P.L.S 12453 assumed to bear S 89 a distance of 450.10 feet to the NW corner of a parcel of land described in that Lease Agreement between Robert A. Jackson and Pueblo Cellular, Inc. and executed on the 16 day of October 1986; Thence southerly and easterly along the westerly and southerly line of said lease parcel the following two (2) courses; 1) S 00 °06'05 "E a distance of 208.71 feet to the SW corner of said parcel; 2) N 89 0 52'37 "E along said southerly line and southerly line extended a distance of 308.64 feet; thence N 00 0 06'05 "W a distance of 68.02 feet; thence N 89 0 53'55 "E a distance of 200.00 feet; thence S 00 0 06'05 "E a distance of 200.00 feet; thence S 89 a distance of 200.00 feet; thence N 00 0 06'05 "W a distance of 130.98 feet; thence S 89 0 52'37 "W a distance of 309.64 feet: thence N 00 0 06'05 "W a distance of 208.71 feet; thence S 89 0 53'55 "W a distance of 448.75 feet to a point that is 1.00 feet perpendicular from the said southerly right of way line of Colorado State Highway No. 78; thence S 51 2"W and parallel to the said southerly right of way line a distance of 749.66 feet; thence N 38 0 05'48 "W a distance of 1.00 feet to a point on the said southerly right of way line of Colorado State Highway No. 78; thence N 51 0 54'12 "E along said southerly right of way line a distance of 750.00 feet to the POINT OF BEGINNING. Said Parcel contains 0.96 acres more or less. At least one -sixth of the boundary of the land described above is existing city limits line. PROPOSED NEW CITY LIMIT LINE A parcel of land located within the NW1 /4 of the SE1 /4 and the NE1 /4 of the SW1 /4 of Section 19, Township 21 South, Range 65 West of the Sixth Principle Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: BEGINNING at the intersection of the southeasterly right of way line of Colorado State Highway No. 78 and the east -west centerline of said Section 19; thence N 89 °53'55 "E (bearings based on the said east -west centerline of said Section 19, monumented at the east end with a 6" X 6" concrete marker with an "X" on top and monumented at the said intersection of the southeasterly right of way line of Colorado State Highway No. 78 and the said east -west centerline of said Section 19 with a 2" brass cap in concrete P.L.S 12453 assumed to bear S 89 0 53'55 "W) a distance of 450.10 feet to the NW corner of a parcel of land described in that 1727973 ORD 08/29/2007 02:22:49 PM Pa a: 2 of 4 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc 11% mill r�rc ��11 Hsi wd Wi 11111 Lease Agreement between Robert A. Jackson and Pueblo Cellular, Inc. and executed on the 16"' day of October 1986; Thence southerly and easterly along the westerly and southerly line of said lease parcel the following two (2) courses; 3) S 00 °06'05 "E a distance of 208.71 feet to the SW corner of said parcel; 4) N 89 °52'37 "E along said southerly line and southerly line extended a distance of 308.64 feet; thence N 00 0 06'05 "W a distance of 68.02 feet; thence N 89 0 53'55 "E a distance of 200.00 feet; thence S 00 °06'05 "E a distance of 200.00 feet; thence S 89 0 53'55 "W a distance of 200.00 feet; thence N 00 0 06'05 "W a distance of 130.98 feet; thence S 89 0 52'37 "W a distance of 309.64 feet: thence N 00 0 06'05 "W a distance of 208.71 feet; thence S 89 °53'55 "W a distance of 448.75 feet to a point that is 1.00 feet perpendicular from the said southeasterly right of way line of Colorado State Highway No. 78; thence S 51 °54'12 "W and parallel to the said southeasterly right of way line a distance of 749.66 feet; thence N 38 °05'48 "W a distance of 1.00 feet to the POINT OF TERMINUS on the southeasterly right -of -way line of Colorado State Highway No. 78. SECTION 2. The owners of one hundred percent (100 %) of the property to be annexed have petitioned for such annexation. SECTION 3. 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. 17 ORD 08/28/2007 02:22:49 PM P llbari Ortlz Clerke eeor County, Co mill r�r�a KwWi 11111 SECTION 4. 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 5. 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, 2008. INTRODUCED April 23, 2007 BY Randy Thurston o4Mau•o COUNCIL PERSON APPROVED PRESI ENT OF CITY COUNCIL ATTESt'��4st° 4- 1 1, _ I PASSED AND APPROVED: May 14, 2007 1727873 ORD 09/28/2007 02:22:49 PM Page: 4 of 4 R 21.00 D 0.00 T 21.00 Gl lbert Ortiz Clark /Recorder, Pueblo County, Cc mill K rar10102441W Vi 11111 C14754 F 9: A1 Background Paper for Proposed ORDINANCE AGENDA ITEM # t 3 j DATE: APRIL 23, 2007 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /JIM MUNCH TITLE AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE HIGHWAY 78 TOWER SITE ANNEXATION AND DESCRIBED AS SOUTHEAST OF STATE HIGHWAY 78 IN THE SOUTHEAST % OF SECTION 19, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6 PRINCIPAL MERIDIAN ISSUE Shall the City Council approve the proposed annexation of property that is located Southeast of State Highway 78 in the Southeast Y4 of Section 19, Township 21 South, Range 65 West of the 6` Principal Meridian? RECOMMENDATION A public hearing will be conducted by the Planning and Zoning Commission at May 9, 2007 Regular Meeting. The recommendation from the Planning and Zoning Commission will be provided prior to the City Council public hearing on May 14, 2007. BACKGROUND The Highway 78 Tower Site Annexation submitted by Robert A. Jackson comprises 0.96 acres Southeast of State Highway 78 in the Southeast '% of Section 19, Township 21 South, Range 65 West of the 6th Principal Meridian. The purpose of the annexation is to provide a location for the construction of a cell tower site for the City's Information Technology Department. The property is currently zoned in an (A -1) Agricultural Zone District within Pueblo County. If the annexation is approved, the petitioner has agreed to file an application to rezone the property to a S -1 Governmental Use District. The Pueblo Regional Development Plan identifies the future land use as "Rural Ranch ". FINANCIAL IMPACT 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.