HomeMy WebLinkAbout07733Reception 1757768
02/08/2008
ORDINANCE NO. 7733
AN ORDINANCE ANNEXING UNINCORPORATED MUNICIPALLY
OWNED LAND COMMONLY KNOWN AS THE PUEBLO SPRINGS
RANCH LARIAT PHASE 2 AND DESCRIBED AS 11.12 ACRES OF
LAND NORTHEAST OF THE CITY OF PUEBLO AND EAST OF
INTERSTATE 25 AND REPEALING ORDINANCE NO. 7700
WHEREAS, on October 22, 2007, the Pueblo City Council approved Resolution
No. 11137 accepting a deed conveying 368 acres of land to the City as open space;
and
WHEREAS, the City has applied for and intends to annex the entire 368 acres of
land in seven (7) phases; and
WHEREAS, the City has applied for and intends to annex the entire 368 acres of
land in seven (7) phases; and
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 the authority to annex unincorporated
municipally owned land by ordinance without notice or hearing as provided in C.R.S.
§31 -12 -108 and 109. 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, and the official map of the City shall be
amended to show such annexation:
PUEBLO SPRINGS RANCH LARIAT PHASE 2
A PARCEL OF LAND LYING WITHIN SECTIONS 3, 4 AND 9, TOWNSHIP 20 SOUTH,
RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO,
STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE
%) OF SAID SECTION 9;
THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE 1 /4),
SOUTH 88 0 50'25" WEST, 1360.61 FEET TO A POINT ON THE NORTH LINE OF
PUEBLO SPRINGS RANCH - ANNEXATION PHASE 1;
17 ORD 02/08/2008 12:32:27 PM
Gilbert Ortiz Cle T Pueb0o County, Co
®III K mTO V6111 IIIkwL lwi 11111
THENCE ALONG SAID PUEBLO SPRINGS RANCH - ANNEXATION PHASE 1 THE
FOLLOWING THREE (3) COURSES:
1. SOUTH 00 0 28'08" EAST, 2545.16 FEET TO A POINT;
2. SOUTH 89 0 08'44" WEST, 50.00 FEET TO A POINT;
3. NORTH 00 0 28'08" WEST, 2690.90 FEET TO A POINT 146.00 FEET DISTANT
FROM SAID NORTH LINE OF SAID SOUTHEAST QUARTER (SE %);
THENCE PARALLEL SAID NORTH LINE, NORTH 88 0 50'25" EAST, 1263.01 FEET TO
A POINT 146.00 FEET DISTANT FROM THE EAST LINE OF THE NORTHEAST
QUARTER (NE' /4) OF SAID SECTION 9;
THENCE PARALLEL SAID EAST LINE, NORTH 01 0 05'49" WEST, 2522.22 FEET TO A
POINT;
THENCE NORTH 02 0 35'34" EAST, 1315.63 FEET TO A POINT;
THENCE NORTH 89 0 37'17" EAST, 126.17 FEET TO A POINT 20.00 FEET DISTANT
FROM SAID EAST LINE OF SAID SOUTHEAST QUARTER (SE 1 /4);
THENCE PARALLEL SAID EAST LINE, NORTH 02 0 35'34" EAST, 1372.17 FEET TO A
POINT;
THENCE PARALLEL AND 55.00 FEET DISTANT TO THE SOUTH LINE OF THE
NORTHWEST QUARTER (NW' /4) OF SAID SECTION 3, NORTH 89 °47'21" EAST,
713.29 FEET TO A POINT;
THENCE SOUTH 00 0 12'39" EAST, 20.00 FEET TO A POINT;
THENCE PARALLEL AND 35.00 FEET DISTANT TO SAID SOUTH LINE, SOUTH
89 °47'21" WEST, 708.26 FEET TO A POINT;
THENCE SOUTH 02 0 35'34" WEST, 1372.17 FEET TO A POINT;
THENCE SOUTH 89 0 37'17" WEST, 112.15 FEET TO A POINT;
THENCE SOUTH 02 0 35'34" WEST, 1296.00 FEET TO A POINT;
THENCE PARALLEL TO THE EAST LINE OF THE NORTHEAST QUARTER (NE 1 /4)
OF SAID SECTION 9, SOUTH 01 0 05'49" EAST, 2521.56 FEET TO A POINT;
THENCE PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST QUARTER (NE
' /4), NORTH 88 0 50'25" EAST, 119.00 FEET TO A POINT 7.00 FEET DISTANT FROM
SAID EAST LINE OF SAID NORTHEAST QUARTER (NE 1 /4);
THENCE PARALLEL SAID EAST LINE, NORTH 01 0 05'49" WEST, 2517.60 FEET TO A
POINT;
THENCE PARALLEL TO THE EAST LINE OF THE SOUTHEAST QUARTER (SE 1 /4)
OF THE SOUTHEAST QUARTER (SE %) OF SAID SECTION 4, NORTH 02 0 35'34"
EAST, 2655.46 FEET TO A POINT;
THENCE PARALLEL TO THE SAID SOUTH LINE OF SAID NORTHWEST QUARTER
(NW %) OF SAID SECTION 3, NORTH 89 °47'21" EAST, 701.99 FEET TO A POINT;
THENCE SOUTH 00 0 12'39" EAST, 20.00 FEET TO THE SAID SOUTH LINE OF SAID
NORTHWEST QUARTER (NW %) OF SAID SECTION 3;
THENCE ALONG SAID SOUTH LINE, SOUTH 89 °47'21" WEST, 695.96 FEET TO THE
SOUTHWEST CORNER OF SAID NORTHWEST QUARTER (NW ' / 4);
THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (SE '/,) OF SAID
SECTION 4, SOUTH 02 0 35'34" WEST, 2635.55 FEET TO THE SOUTHEAST
CORNER THEREOF;
1757768 ORD 02/08/2008 12:32:27 PM
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
®III K N 111011 fill u Iv'WIrh M 11111
THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER (NE '/,) OF SAID
SECTION 9, SOUTH 01 °05'49" EAST, 2663.36 FEET TO THE POINT OF BEGINNING.
CONTAINING 11.12 ACRES OF LAND MORE OR LESS.
NEW CITY LIMIT LINE:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER
(SE 1 /4) OF SAID SECTION 9;
THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE Y4),
SOUTH 88 0 50'25" WEST, 1360.61 FEET TO A POINT;
THENCE LEAVING SAID NORTH LINE, SOUTH 00 0 28'08" EAST, 2545.16 FEET TO A
POINT;
THENCE SOUTH 89 0 08'44" WEST, 50.00 FEET TO A POINT;
THENCE NORTH 00 0 28'08" WEST, 2690.90 FEET TO A POINT 146.00 FEET
DISTANT FROM SAID NORTH LINE OF SAID SOUTHEAST QUARTER (SE '/,), AND
BEING THE POINT OF BEGINNING;
THENCE PARALLEL SAID NORTH LINE, NORTH 88 0 50'25" EAST, 1263.01 FEET TO
A POINT 146.00 FEET DISTANT FROM THE EAST LINE OF THE NORTHEAST
QUARTER (NE %) OF SAID SECTION 9;
THENCE PARALLEL SAID EAST LINE, NORTH 01 0 05'49" WEST, 2522.22 FEET TO A
POINT;
THENCE NORTH 02 0 35'34" EAST, 1315.63 FEET TO A POINT;
THENCE NORTH 89 0 37'17" EAST, 126.17 FEET TO A POINT 20.00 FEET DISTANT
FROM SAID EAST LINE OF SAID SOUTHEAST QUARTER (SE 1 /4);
THENCE PARALLEL SAID EAST LINE, NORTH 02 0 35'34" EAST, 1372.17 FEET TO A
POINT;
THENCE PARALLEL AND 55.00 FEET DISTANT TO THE SOUTH LINE OF THE
NORTHWEST QUARTER (NW %) OF SAID SECTION 3, NORTH 89 °47'21" EAST,
713.29 FEET TO A POINT;
THENCE SOUTH 00 0 12'39" EAST, 20.00 FEET TO A POINT;
THENCE PARALLEL AND 35.00 FEET DISTANT TO SAID SOUTH LINE, SOUTH
89 °47'21" WEST, 708.26 FEET TO A POINT;
THENCE SOUTH 02 0 35'34" WEST, 1372.17 FEET TO A POINT;
THENCE SOUTH 89 0 37'17" WEST, 112.15 FEET TO A POINT;
THENCE SOUTH 02 0 35'34" WEST, 1296.00 FEET TO A POINT;
THENCE PARALLEL TO THE EAST LINE OF THE NORTHEAST QUARTER (NE' /<)
OF SAID SECTION 9, SOUTH 01 0 05'49" EAST, 2521.56 FEET TO A POINT;
THENCE PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST QUARTER (NE
'/4), NORTH 88 °50'25" EAST, 119.00 FEET TO A POINT 7.00 FEET DISTANT FROM
SAID EAST LINE OF SAID NORTHEAST QUARTER (NE' /4);
THENCE PARALLEL SAID EAST LINE, NORTH 01 WEST, 2517.60 FEET TO A
POINT;
THENCE PARALLEL TO THE EAST LINE OF THE SOUTHEAST QUARTER (SE' /4)
OF THE SOUTHEAST QUARTER (SE 1 /4) OF SAID SECTION 4, NORTH 02 °35'34"
EAST, 2655.46 FEET TO A POINT;
17 ORD 02/08/2008 12:32:27 PM
Pe i i lberk Ortiz Cle County, Cc
®III K ml«+Ifflwfih I M 141
THENCE PARALLEL TO THE SAID SOUTH LINE OF SAID NORTHWEST QUARTER
(NW ' / 4) OF SAID SECTION 3, NORTH 89 °47'21" EAST, 701.99 FEET TO A POINT;
THENCE SOUTH 00 0 12'39" EAST, 20.00 FEET TO THE SAID SOUTH LINE OF SAID
NORTHWEST QUARTER (NW Y4) OF SAID SECTION 3;
THENCE ALONG SAID SOUTH LINE, SOUTH 89 0 47'21" WEST, 695.96 FEET TO THE
SOUTHWEST CORNER OF SAID NORTHWEST QUARTER (NW 1 /4);
THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (SE 1 /4) OF SAID
SECTION 4, SOUTH 02 0 35'34" WEST, 2635.55 FEET TO THE SOUTHEAST
CORNER THEREOF;
THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER (NE '/,) OF SAID
SECTION 9, SOUTH 01 0 05'49" EAST, 2663.36 FEET TO THE NORTHEAST CORNER
OF THE SOUTHEAST QUARTER (SE '/4) OF SAID SECTION 9;
THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER (SE 1 /4) OF
SAID SECTION 9, SOUTH 88 0 50'25" WEST, 1312.61 FEET TO THE POINT OF
TERMINUS.
SECTION 2.
The City Council hereby finds and determines that the City owns the area
annexed and it is not solely a public street or right -of -way.
SECTION 3.
The City Council hereby finds and determines that (i) the annexed area is
eligible for annexation as set out in §31- 12- 104(1)(a) and 31 -12 -105 C.R.S., (ii) that not
less than one -sixth of the perimeter of the area to be annexed is contiguous with the
existing boundaries of the City of Pueblo, (iii) at least fifty percent of the 368 acres of
land is within the three -mile limit, (iv) the City has in place a plan for the entire 368 acres
of land to be annexed and (v) an election is not required under §31 -12- 107(2) C.R.S.
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.
17 ORD 02/08/2008 12:32:27 PM
Gilbert Ortiz Cle,k /Recorde,,TPueblo County, Co
mill WA N1,1011 PlM16i
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.
Ordinance No. 7700 is hereby repealed.
SECTION 7.
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, 2009.
INTRODUCED January 14, 2008
BY: Judy Weaver
COUNCIL PER N
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
Ocd� ��33
ED
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 33
DATE: JANUARY 14, 2008
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE ANNEXING UNINCORPORATED MUNICIPALLY OWNED LAND
COMMONLY KNOWN AS THE PUEBLO SPRINGS RANCH LARIAT PHASE 2 AND
DESCRIBED AS 11.12 ACRES OF LAND NORTHEAST OF THE CITY OF PUEBLO
AND EAST OF INTERSTATE 25 AND REPEALING ORDINANCE NO. 7700
ISSUE
Shall the City Council approve the proposed annexation of property that is located
northeast of the City and east of Interstate 25?
RECOMMENDATION
The Planning and Zoning Commission, at their November 14, 2007 Regular Meeting,
voted 7 -0 to recommend approval. The Planning and Zoning Commission, at their
January 9, 2008 Regular Meeting, will review the clerical errors in the legal description
and forward a subsequent recommendation to City Council.
BACKGROUND
Pueblo Springs Ranch, LLC, is the owner of the property commonly known as
McCulloch Ranch. They have expressed interest in annexing their property, now
referred to as Pueblo Springs Ranch, into the City's limits. To facilitate a future
annexation of the Pueblo Springs Ranch property, the property owner gave the City an
area of 368 acres for open space. On October 22, 2007, City Council approved
Resolution No. 11137 which accepted the deed conveying the 368.321 acres of land to
the City as open space. When the City annexes this open space the City's limits will
then become contiguous with the Pueblo Springs Ranch property, and the property
owner would then be able to apply for Annexation. At the December 10, 2007 meeting,
City Council approved a similar annexation Ordinance that contained clerical errors in
the legal description. This Ordinance corrects the clerical errors and repeals the
erroneous Ordinance.
FINANCIAL IMPACT
The City of Pueblo will be responsible for providing police and fire protection services to
the property.
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