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HomeMy WebLinkAbout07735Reception 1757772 02/08/2008 ORDINANCE NO. 7735 AN ORDINANCE ANNEXING UNINCORPORATED MUNICIPALLY OWNED LAND COMMONLY KNOWN AS THE PUEBLO SPRINGS RANCH LARIAT PHASE 4 AND DESCRIBED AS 4.58 ACRES OF LAND NORTHEAST OF THE CITY OF PUEBLO AND EAST OF INTERSTATE 25 AND REPEALING ORDINANCE NO. 7702 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 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 4 A PARCEL OF LAND LYING WITHIN PORTIONS OF SECTIONS 14, 22,23 AND 27, TOWNSHIP 19 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE ' /4) OF SAID SECTION 22; THENCE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER (SE '/,), AND THE EAST LINE OF PUEBLO SPRINGS RANCH - ANNEXATION PHASE 3, NORTH 00 0 03'40" WEST, 482.99 FEET TO A POINT; THENCE LEAVING SAID COMMON LINE, NORTH 89 0 56'20" EAST, 7.00 FEET TO A POINT; THENCE PARALLEL SAID WEST LINE, NORTH 00 0 03'40" WEST, 2148.16 FEET TO A POINT 7.00 FEET DISTANT FROM THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE' /4); 17 ORD 02/08/2008 12:32:27 PM Gi 16ert of rtiz Cl Clerk/Recorder, County, Co mill K 11147 rk k / 1f oder Y�'Ih�� , L P � rlW HL 101 tl II1 THENCE PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE '/<), SOUTH 89 0 58'12" EAST, 659.12 FEET TO A POINT; THENCE NORTH 00 0 04'12" WEST, 2637.34 FEET TO A POINT 7.00 FEET DISTANT FROM THE NORTH LINE OF THE NORTHEAST QUARTER (NE '/4) OF SAID SECTION 22; THENCE PARALLEL SAID NORTH LINE, SOUTH 89 0 53'46" EAST, 1976.51 FEET TO A POINT 7.00 FEET DISTANT FROM THE WEST LINE OF THE SOUTHWEST QUARTER (SW 1 /4) OF SAID SECTION 14; THENCE PARALLEL SAID WEST LINE, NORTH 00 0 25'10" WEST, 2639.74 FEET TO A POINT 7.00 FEET DISTANT FROM THE WEST LINE OF THE NORTHWEST QUARTER (NW 1 /4) OF SAID SECTION 14; THENCE PARALLEL SAID WEST LINE, NORTH 00 0 27'56" WEST, 800.05 FEET TO A POINT; THENCE NORTH 89 0 48'35" EAST, 7.50 FEET TO A POINT; THENCE PARALLEL SAID WEST LINE, SOUTH 00 0 27'56" EAST, 800.02 FEET TO A POINT; THENCE PARALLEL SAID WEST LINE OF SAID SOUTHWEST QUARTER (SW 1 /4), SOUTH 00 0 25'10" EAST, 2647.31 FEET TO A POINT; THENCE PARALLEL SAID NORTH LINE OF SAID NORTHEAST QUARTER (NE' / <) OF SAID SECTION 22, NORTH 89 0 53'46" WEST, 1976.56 FEET TO A POINT; THENCE SOUTH 00 0 04'12" EAST, 2637.33 FEET TO A POINT; THENCE NORTH 89 0 58'12" WEST, 659.12 FEET TO A POINT; THENCE PARALLEL WITH THE WEST LINE OF THE SOUTHEAST QUARTER (SE ' /4) OF SAID SECTION 22, SOUTH 00 0 03'40" EAST, 2140.65 FEET TO A POINT; THENCE NORTH 89 0 56'20" EAST, 7.00 FEET TO A POINT 21.50 FEET DISTANT FROM THE WEST LINE OF THE SOUTHEAST QUARTER (SE 1 /4) OF SAID SECTION 22; THENCE PARALLEL SAID WEST LINE, SOUTH 00 0 03'40" EAST, 483.00 FEET TO A POINT 21.50 FEET DISTANT FROM THE WEST LINE OF THE NORTHEAST QUARTER (NE' /4) OF SAID SECTION 27; THENCE PARALLEL SAID WEST LINE, SOUTH 00 0 00'20" WEST, 5012.51 FEET TO A POINT ON THE NORTH LINE OF SAID PUEBLO SPRINGS RANCH - ANNEXATION PHASE 3; THENCE ALONG THE BOUNDARY OF SAID PUEBLO SPRINGS RANCH - ANNEXATION PHASE 3 THE FOLLOWING TWO (2) COURSES: 1. NORTH 56 0 06'54" WEST, 25.90 FEET TO A POINT; 2. NORTH 00 0 00'20" EAST, 4998.06 FEET TO THE POINT OF BEGINNING. CONTAINING 4.58 ACRES OF LAND, MORE OR LESS. NEW CITY LIMIT LINE: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE Y4) OF SAID SECTION 22; THENCE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER (SE' /4), NORTH 00 0 03'40" WEST, 482.99 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE, NORTH 89 0 56'20" EAST, 7.00 FEET TO A POINT; THENCE PARALLEL SAID WEST LINE, NORTH 00 0 03'40" WEST, 2148.16 FEET TO A POINT 7.00 FEET DISTANT FROM THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE' /e); THENCE PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE '/4), SOUTH 89 °58'12" EAST, 659.12 FEET TO A POINT; THENCE NORTH 00 0 04'12" WEST, 2637.34 FEET TO A POINT 7.00 FEET DISTANT FROM THE NORTH LINE OF THE NORTHEAST QUARTER (NE 1 /4) OF SAID SECTION 22; THENCE PARALLEL SAID NORTH LINE, SOUTH 89 0 53'46" EAST, 1976.51 FEET TO A POINT 7.00 FEET DISTANT FROM THE WEST LINE OF THE SOUTHWEST QUARTER (SW %) OF SAID SECTION 14; THENCE PARALLEL SAID WEST LINE, NORTH 00 0 25'10" WEST, 2639.74 FEET TO A POINT 7.00 FEET DISTANT FROM THE WEST LINE OF THE NORTHWEST QUARTER (NW %) OF SAID SECTION 14; THENCE PARALLEL SAID WEST LINE, NORTH 00 0 27'56" WEST, 800.05 FEET TO A POINT; THENCE NORTH 89 0 48'35" EAST, 7.50 FEET TO A POINT; THENCE PARALLEL SAID WEST LINE, SOUTH 00 0 27'56" EAST, 800.02 FEET TO A POINT; THENCE PARALLEL SAID WEST LINE OF SAID SOUTHWEST QUARTER (SW 1 /4), SOUTH 00 0 25'10" EAST, 2647.31 FEET TO A POINT; THENCE PARALLEL SAID NORTH LINE OF SAID NORTHEAST QUARTER (NE' / <) OF SAID SECTION 22, NORTH 89 0 53'46" WEST, 1976.56 FEET TO A POINT; THENCE SOUTH 00 0 04'12" EAST, 2637.33 FEET TO A POINT; THENCE NORTH 89 0 58'12" WEST, 659.12 FEET TO A POINT; THENCE PARALLEL WITH THE WEST LINE OF THE SOUTHEAST QUARTER (SE '/4) OF SAID SECTION 22, SOUTH 00 0 03'40" EAST, 2140.65 FEET TO A POINT; THENCE NORTH 89 0 56'20" EAST, 7.00 FEET TO A POINT 21.50 FEET DISTANT FROM THE WEST LINE OF THE SOUTHEAST QUARTER (SE '/,) OF SAID SECTION 22; THENCE PARALLEL SAID WEST LINE, SOUTH 00 0 03'40" EAST, 483.00 FEET TO A POINT 21.50 FEET DISTANT FROM THE WEST LINE OF THE NORTHEAST QUARTER (NE %) OF SAID SECTION 27; THENCE PARALLEL SAID WEST LINE, SOUTH 00 0 00'20 WEST, 5012.51 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- iq_nnt_renuired_under_ &31- 12_107(_2) C_R. 17 ORD 02/08/2008 12:32:27 PM Gilbert Ortiz Clerk/ P Pueblo County, Co Bill K NTO#116;�IN I4WUAW 1111 SECTION 4. Within thirty (30) days after the effective date of the Ordinance, the City Clerk MIMIA (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. Ordinance No. 7702 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. ";,t1 GB ATTESTED INTRODUCED January 14, 2008 f ` BY: Judy Weaver t COUNCIL PE N !F _ APPROVE ? % PRESIDENT OF CITY COUNCIL CLERK PASSED AND APPROVED: January 28, 2008 1767772 ORD 02/08/2008 12:32:27 PM Page: 4 of 4 R 21.00 D 0.00 T21.00 Gilbert Ortiz�Clerk /Recorder, Pueblo County, Co ■III M% M Il«+IMV* 0 01 4WWiwi 11111 Ord. - 1 - 135 E E) : ° r°,. ED Background Paper for Proposed ORDINANCE AGENDA ITEM # 35 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 4 AND DESCRIBED AS 4.58 ACRES OF LAND NORTHEAST OF THE CITY OF PUEBLO AND EAST OF INTERSTATE 25 AND REPEALING ORDINANCE NO. 7702 ISSUE Shall the City Council approve the proposed annexation of property that is located northeast of the City and east of Interstate 25? 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. - W a S I I Tel I O EEL+I Iy m ®�� n a � A g (0o ;z g. g m0 S 2 sH m 2 rz% � A Y x g ae zn� m m s O m 11 � (D R A C r O A € ry ff I � ll y/ l 2 € F &Q Q CIS a �V di F S 9 (0o ;z g. g m0 S 2 sH m D m ( x A Y x g s O m 11 � (D R A C r O