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HomeMy WebLinkAbout07881Reception 1786391 10/29/2008 ORDINANCE NO. 7881 AN ORDINANCE ANNEXING UNINCORPORATED MUNICIPALLY OWNED LAND COMMONLY KNOWN AS THE SOUTH CENTRAL UTILITY CORRIDOR ANNEXATION E AND DESCRIBED AS 3.70 ACRES OF LAND EAST OF INTERSTATE 25 AND SOUTH OF THE CURRENT CITY LIMITS WHEREAS, the City has applied for and intends to annex the 3.70 acres of land commonly known as the South Central Utility Corridor 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 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 1. AREA TO BE ANNEXED: A portion of the E Yz of Section 26 and NE '/4 of Section 35, Township 21 South, Range 65 West of the 6th P. M. in the County of Pueblo, State of Colorado. 2. PROPOSED NEW CITY LIMITS LINE: Commencing at a point on the Easterly right -of -way line of Colorado Interstate No. 25 as presently located said point also being on the most Southerly corner of Minnequa Industrial Park, Second Filing according to the recorded plat thereof as filed for record at Reception No. 1481756 in the Pueblo County records; thence S. 06 0 32'43" E., a distance of 232.77 feet; thence S. 03 0 21'00" W., a distance of 1086.54 feet; thence S. 86°39'00" E., a distance of 40.00 feet; thence S. 03 0 21'00" W., a distance of 983.98 feet; thence Southeasterly along the arc of a curve to the left whose radius is 460.00 feet, a distance of 479.27 feet; thence S. 56 0 20'46" E,. a distance of 599.31 feet; thence Southerly along the arc of a curve to the right whose radius is 540.00 feet, a distance of 1047.20 feet; thence S. 54°45'53" W., a distance of 814.28 feet; thence Southerly along the arc of a curve to the left whose radius is 460.00 feet, a distance of 412.79 feet; thence S. 03 0 21'00" W., a distance of 630.00 feet to the Point of Beginning and the Present City Limits line; thence S. 03 °21'00" W., a distance of 355.49 feet to a point on 1786391 ORD 10/29/2008 12:09:54 PM Page: 2 of 3 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co milli the South line of the NE '/4 of Section 35; thence N. 89 °42'11" W., along the South line of the NE' /4 of said Section 35, a distance of 80.11 feet to a point on the Easterly right - of -way line of said Colorado Interstate No. 25; thence N. 03 °21'00" E., along the Easterly right -of -way line of said Colorado Interstate No. 25, a distance of 989.76 feet; thence Northerly along the arc of a curve to the right whose radius is 540.00 feet, a distance of 484.57 feet; thence N. 54 0 45'53" E., a distance of 814.28 feet; thence Northerly along the arc of a curve to the left whose radius is 460.00 feet; a distance of 892.06 feet; thence N. 56 °20'46" W., a distance of 474.31 feet to the Present City Limits line and Point of Terminus. Containing 3.70 acres, more or less. 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 3.70 acres of land is within the three -mile limit, (iv) the City has in place a plan for the entire 3.70 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; 1786391 ORD 10/29/2008 12:09:54 PM Pa 3 of 3 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ®III �P1� =14�� I�JICh#�l,hll �Nr�LM�pR�9Ci�F�U Yk� ®I III (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 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 August 25. 2008 BY Vera Ortegon COUNCIL PERSO APPROV PRESIDENT OF CITY COUNCIL ATTESTED BY: CI CLERK PASSED AND APPROVED: September 8, 2008 PID ED �J Background Paper for Proposed ORDINANCE AGENDA ITEM # 22' DATE: AUGUST 25, 2008 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE ANNEXING UNINCORPORATED MUNICIPALLY OWNED LAND COMMONLY KNOWN AS THE SOUTH CENTRAL UTILITY CORRIDOR ANNEXATION E AND DESCRIBED AS 3.70 ACRES OF LAND EAST OF INTERSTATE 25 AND SOUTH OF THE CURRENT CITY LIMITS ISSUE Shall City Council approve the proposed annexation of municipally owned land that is located east of Interstate 25 and south of the current City limits? RECOMMENDATION The Planning and Zoning Commission, at their August 27, 2008 Special Session, voted 7 -0 to recommend approval. BACKGROUND This Ordinance will annex a 3.70 -acre portion of unincorporated municipally owned property into the City to facilitate the development of a new industrial park south of the City. FINANCIAL IMPACT None.