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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 Page: 3 of 5 R 26.00 D 0.00 T 26.00 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. 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