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HomeMy WebLinkAbout07843Reception 1778634 08/13/2008 ORDINANCE NO. 7843 AN ORDINANCE ANNEXING UNINCORPORATED MUNICIPALLY OWNED LAND COMMONLY KNOWN AS THE HONOR FARM ANNEXATION AND DESCRIBED AS 954 ACRES OF LAND WEST OF PUEBLO BLVD AND SOUTH OF U.S. HIGHWAY 50 WEST WHEREAS, the City has applied for and intends to annex the 954 acres of land commonly known as the Honor Farm Annexation; 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, pursuant to §31 -12- 106(3) C.R.S., the City Council has the authority to annex unincorporated municipally owned land by ordinance without notice or hearing as provided in §31 -12 -108 and 109 C.R.S. NOW THERFORE, BE IT ORDAINED BY -THE CfIY 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: 1. AREA TO BE ANNEXED: All of the West 1/2 of the West 112 of the West 112 of the NW 1/4 of Section 15, Township 20 South, Range 65 West of the 6th P.M. County of Pueblo. State of Colorado lying West of Colorado State Highway No. 45 (Pueblo Boulevard) and South of U.S. Highway No. 50 West right -of -way lines as presently located EXCEPTING HEREFROM all of Bahama Drive lying East of Lots 1 through 7, Block 1 both inclusive and all of Capitol Drive lying North of Lot 1, Block 1 and Lots 4, 5 and 6, Block 1 all being in Holiday Hills No. 3 according to the recorded plat thereof as filed for record at Reception No. 161695. Containing 1 acre, more or less. AND All of Section 16 Township 20 South, Range 65 West of the 6th P.M. County of Pueblo. State of Colorado lying West of Colorado State Highway No. 45 (Pueblo Boulevard) right -of -way line as presently located and lying South of U.S. Highway No. 50 West right -of -way line as presently located EXCEPTING HEREFROM that portion of the W 1/2 of the NW 1/4 and the W 1/2 of the E 1/2 of the NW 1/4 thereof. Containing 462 acres, more or less. AND All of Section 21, Township 20 South, Range 65 West of the 6th P.M. County of Pueblo, State of Colorado EXCEPTING HEREFROM that portion of the N 1/2 of the NE 114 and the SE 1/4 of the NE 1/4 and the N 1/2 of the SE 114 all lying West of the Westerly right -of -way line of Colorado State Highway No. 45 (Pueblo Boulevard) as presently located and FURTHUR EXCEPTING HEREFROM the W 112 of the SW 1/4 of said Section 21 previously platted as Shepard Heights according to the recorded plat thereof as file for record on February 23, 1889. Containing 349 acres, more or less. AND All of Section 28, Township 20 South, Range 65 West of the 6th P.M. County of Pueblo and State of Colorado lying Northerly of the D & RGW Railroad right -of -way line as presently located and West of the Westerly right -of- way line of Colorado State Highway No. 45 (Pueblo Boulevard) as presently located EXCEPTING HEREFROM the W 1/2 of the NW 1/4 of the said Section 28, Township 20 South, Range 65 West of the 6th P.M. County of Pueblo and State of Colorado. Containing 142 acres, more or less. 1778634 ORD 08/13/2008 02:29:12 PM Page: 2 of 3 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk/Recorder, p Pu � e � blo County, Cc 2. PROPOSED NEW CITY LIMITS LINE: ®III KIM 1 U Y71�Y1'�iYl}Y�hYd'� RPOM4 EIb 11 111 (A) Beginning at the Southwest corner of Bahama Drive right -of -way line as presently located in Holiday Hills No. 3 according to the recorded plat thereof as filed for record at Reception No. 161695 in the Pueblo County records and the Present City Limits line said point also being on the Westerly right -of -way line of Colorado State Highway No. 45 (Pueblo Boulevard) as presently located; thence Southerly along the Westerly right -of -way line of said Colorado State Highway No. 45 (Pueblo Boulevard) to the Northeast corner of Section 21, Township 20 South, Range 65 West and the Present City Limits Line and the Point of Terminus. AND (B) Beginning at a point on the Northerly right -of -way line of Capitol Drive as presently located in Holiday Hills No. 3 according to the recorded plat thereof as filed for record at Reception No. 161695 in the Pueblo County records said point also being on the Southerly right -of -way line of U.S. Highway No. 50 West as presently located and the Present City Limits line; thence Westerly along the Southerly right -of -way line of said U.S. Highway No. 50 West to a point on the Northerly line of Section 16, Township 20 South, Range 65 West of the 6th P.M., County of Pueblo. State of Colorado; thence Westerly along the Northerly line of said Section 16 to a point on the West line of the E 112 of the E 112 of the NW 1/4 of Section 16; thence Southerly along the West line of the E 112 of the E 1/2 of the NW 1/4 of said Section 16 to a point on the East -West centerline of Section 16; thence Westerly along the East -West centerline of said Section 16 to the W 1/4 corner of Section 16; thence Southerly along the West line of the SW 1/4 of said Section 16 to the Northwest corner of Section 21; thence continuing Southerly along the West line of the NW 1/4 of Section 21 to the W 114 corner of Section 21; thence Easterly along the South line of the NW 1/4 of said Section 21 to a point on the West line of the E 1/2 of the SW 1/4 of Section 21; thence Southerly along the West line of the E 1/2 of the SW 1/4 of said Section 21 to a point on the South line of Section 21; thence continuing Southerly along the West line of the E 1/2 of the NW 1/4 of Section 28 to a point on the Northerly right -of -way line of the D. & R. G. W. Railroad as presently located; thence Easterly along the Northerly right -of -way line of the said D. & R. G. W. Railroad to a point on the Westerly right -of -way line of Colorado State Highway No. 45 (Pueblo Boulevard) as presently located; thence Northerly along the Westerly right -of -way line of Colorado State Highway No. 45 (Pueblo Boulevard) to a point on the North line of said Section 28; thence continuing Northerly along the Westerly right -of -way line of Colorado State Highway No. 45 (Pueblo Boulevard) as presently located to a point on the Northerly line of the S 1/2 of the SE 114 of Section 21, thence Westerly along the Northerly line of the S 112 of the SE 114 of said Section 21 to a point on the West line of the SE 1/4 of said Section 21; thence Northerly along the North -South centerline of said Section 21 to the center 1/4 corner of Section 21; thence Easterly along the North line of the SE 1/4 of said Section 21 to a point on the West line of the SE 114 of the NE 114 of Section 21; thence Northerly along the West line of the SE 114 of the NE 1/4 of said Section 21 to a point on the South line of the N 112 of the NE 1/2 of Section 21 and the Present City Limits line and 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) 100% of 954 acres of land is within the three -mile limit, (iv) the City has in place a plan for the entire 954 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. SECTION 5 1778634 ORO 08/13/2008 02:29:12 PM Page: 3 of 3 R 16.00 0 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder. Pueblo County, Cc 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, 2009. INTRODUCED July 14. 2008 c� c c r BY Judy Weaver *PREID PE N APPROVED: ,r 1 t o OF CITY COUNCIL PASSED AND APPROVED: July 28, 2008 OYJ- 1813 Background Paper for Proposed ORDINANCE AGENDA ITEM # DATE: JULY 14, 2008 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE ANNEXING UNINCORPORATED MUNICIPALLY OWNED LAND COMMONLY KNOWN AS THE HONOR FARM ANNEXATION AND DESCRIBED AS 954 ACRES OF LAND WEST OF PUEBLO BLVD AND SOUTH OF U.S. HIGHWAY 50 WEST ISSUE Shall City Council approve the proposed annexation of municipally owned land that is located west of Pueblo Blvd. and south of U.S. Highway 50 West? RECOMMENDATION The Planning and Zoning Commission, at their July 9, 2008 Regular Meeting, voted 6-0 to recommend approval. BACKGROUND This ordinance will annex a 954 -acre portion of the City's Honor Farm property containing a total of 2,373 acres. The area being annexed is the eastern portion of the property including the Pueblo Motorsports Park management area, the northeast comer of the property adjacent to the Pueblo Blvd. and U.S. Highway 50 West intersection, and the eastern portion of the 24 Street/Joe Martinez future roadway alignment area. As identified in the Honor Farm Park and Open Space Master Plan adopted by City Council on October 27, 2007 Ordinance No. 7678, the northern and eastern portions of the property are identified for potential future private development. The master plan also recommends possibly selling or trading portions of the annexed property to enable approximately 450 acres of privately owned property to be acquired for the park. This annexation will also enable the zoning and land use of the property to be governed by City of Pueblo regulations. FINANCIAL IMPACT There will be no additional financial impact since the City of Pueblo currently is responsible for providing municipal services to the property including police and fire services. ANNEZA] FOOnM 70 l H C9 l OF PUZ L O OF A PORPOV C S£C PONS 9, 10, 15, 16. 21, 22. 29 AND JJ IN IO^S4:P 10 SOUW. PANS£ 65 WS/ Of THE 6N P.L CW,V!Y L PUEBLO, SiAi UO 60.0RACC GRAPHIC SC..AfF � II I � •T6T % I• ru e I ,4 I r% .._..- 3 ,I A l � 1 I � � /PB gym•• I I � •(Jn,11.1 i � .. _R_ VIZ