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Home My WebLink About07900Reception 1787998 11/12/2008 ORDINANCE NO. 7900 AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE VESTAS ANNEXATION E AND DESCRIBED AS LAND EAST OF INTERSTATE 25 AND SOUTH OF THE CURRENT CITY LIMITS AND APPROVING AN ANNEXATION AGREEMENT RELATING THERETO 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 heretofore found and determined by Resolution that the Petition for Annexation and the area described in Section 1 hereof to be in compliance with the notice and other applicable provisions of the Municipal Annexation Act of 1965 and C.R.S. §31 -12 -104, 105 and 107(1); and WHEREAS, the City Council has by Resolution found and determined that an election is not required under C.R.S. §31 -12 -107 (2) and no additional terms and conditions are to be imposed upon the area described in Section 1 other than those set forth in the Petition for Annexation and the Annexation Agreement; 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, subject to the terms and conditions set forth in the Petition For Annexation and the Annexation Agreement, and the official map of the City shall be amended to show such annexation: 1. AREA TO BE ANNEXED: A portion of the S 1 /z of Section 36, Township 21 South, Range 65 West of the 6 th P.M. and a portion of Section 1 and a portion of Section 2, Township 22 South, Range 65 West of the 6 th P.M. in the County of Pueblo and the State of Colorado and being more particularly described as follows: 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 Northerly line of the SE ' / 4 of Section 35; thence S. 89 °42'11" E., along the Northerly line of the SE ' / 4 of said Section 35, a distance of 2377.40 feet to the Point of Beginning said point also being on the Northerly line of the S' /z of Section 36; thence S. 89 0 46'47 "E., along the Northerly line of the S' /2 of said Section 36, a distance of 2978.63 feet to a point on the Westerly right -of -way line of the Burlington Northern & Santa Fe Railroad; thence S. 02 0 28'44" W., along the 1787998 ORD 11/12/2008 03:41:11 PSI Page: 2 of 4 R 21.00 D 0.00 7 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®III Id��dIRI�N�L;II 114 IJANIVAMM1 11114 11 III Westerly right -of -way line of the said Burlington Northern & Santa Fe Railroad, a distance of 6118.17 feet to a point on the Northerly right -of -way line of Lime Road; thence Westerly along the Northerly right -of -way line of said Lime Road the following three (3) courses: 1. S. 85 0 27'36" W., a distance of 730.32 feet; 2. N. 04 0 32'24" W., a distance of 15.00 feet; 3. S. 85 0 27'36" W., a distance of 100.00 feet; thence S. 04 0 32'24" E., a distance of 140.00 feet to a point on the Southerly right -of -way line of said Lime Road thence Westerly along the Southerly right -of -way line of said Lime Road the following three (3) courses 1. S. 85 0 27'36" W., a distance of 600.00 feet; 2. N. 04 0 32'24" W., a distance of 15.00 feet; 3. S. 85 0 27'36" W., a distance of 4314.11 feet; thence N. 00 0 15'11" E., a distance of 3025.86 feet; thence S. 89 0 44'49" E., a distance of 3028.50 feet to a point on the Easterly line of the NE '/4 of Section 2, Township 22 South, Range 65 West of 6 P.M.; thence N. 00 0 17'03" E., along the Easterly line of the NE '/4 of said Section 2, a distance of 955.00 feet to a point on the Northerly line of the NE '/4 of said Section 2 said point also being on the Southerly line of the SW' /4 of Section 36, Township 21 South, Range 65 West; thence N. 00 °54'09" W., along the Westerly line of the SW'/ of said Section 36, a distance of 2721.15 feet to the Point of Beginning. Containing 608.75 acres, more or less. 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 Northerly line of the SE '/4 of Section 35; thence S. 89 °42'11" E., along the Northerly line of the SE '/4 of said Section 35, a distance of 2377.40 feet to the Point of Beginning and the Present City Limits line said point also being on the Northerly line of the S '/z of Section 36; thence S. 89 0 46'47 "E., along the Northerly line of the S '/z of said Section 36, a distance of 2978.63 feet to a point on the Westerly right -of -way line of the Burlington Northern & Santa Fe Railroad; thence S. 02 °28'44" W., along the Westerly right -of -way line of the said Burlington Northern & Santa Fe Railroad, a distance of 6118.17 feet to a point on the Northerly right -of -way line of Lime Road; thence Westerly along the Northerly right -of -way line of said Lime Road the following three (3) courses: 4. S. 85 0 27'36" W., a distance of 730.32 feet; 5. N. 04 0 32'24" W., a distance of 15.00 feet; 6. S. 85 0 27'36" W., a distance of 100.00 feet; 1787998 ORD 11/12/2008 03:41:11 PM Page: 3 of 4 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk Recorder, Pueblo County, Co ®III NFUMK4 INTAT, AIYVA0931WAI 11111 thence S. 04 0 32'24" E., a distance of 140.00 feet to a point on the Southerly right -of -way line of said Lime Road thence Westerly along the Southerly right -of -way line of said Lime Road the following three (3) courses 4. S. 85 0 27'36" W., a distance of 600.00 feet; 5. N. 04 0 32'24" W., a distance of 15.00 feet; 6. S. 85 0 27'36" W., a distance of 4314.11 feet; thence N. 00 0 15'11" E., a distance of 3025.86 feet; to the Present City Limits line and the Point of Terminus. SECTION 2. The owners of one hundred percent (100 %) of the property to be annexed have petitioned for such annexation. SECTION 3. The Annexation Agreement in the form and content presented to the City Council at this meeting is hereby authorized and approved. The President of the City Council is hereby directed and authorized to execute and deliver the Annexation Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 4. shall: Within thirty (30) days after the effective date of the Ordinance, the City Clerk (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). 1787998 ORD 11/12/2008 03:41:11 PM Pege: 4 of 4 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co SECTION 6. 1111 NF.M1 ILA AFMNWRf WA 1k 11111 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 September 22, 2008 �\ BY: Randy Thijrqtf)n T �irrrlroilrrl A PPRO VE D _ '.\ PRESID COUNCIL ATTESTED BY: CLERK PASSED AND APPROVED: October 14, 2008 D D O y — A � � �= I �E:D) �'�L - - �'� ------------ 7 Background Paper for Proposed ORDINANCE AGENDA ITEM # 50 DATE: SEPTEMBER 22, 2008 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AS THE VESTAS ANNEXATION E AND DESCRIBED AS LAND EAST OF INTERSTATE 25 AND SOUTH OF THE CURRENT CITY LIMITS AND APPROVING AN ANNEXATION AGREEMENT RELATING THERETO ISSUE Shall City Council approve the proposed annexation of property that is located east of Interstate 25 and south of the current City limits? RECOMMENDATION The Planning and Zoning Commission, at their September 10, 2008 Regular Meeting, voted 5 -0 to recommend approval. BACKGROUND The Vestas Annexation E is a 608.75 -acre portion of the larger 842.33 -acre Vestas Towers America, Inc. Annexation. This annexation will facilitate the Vestas job creating capital improvement project. The property is currently zoned in an A -1, Agricultural Zone District within Pueblo County. The applicant will submit applications to zone the property to an 1 -3, Heavy Industrial District Zone District and A -1, Agricultural One Zone District. FINANCIAL IMPACT The City of Pueblo will be responsible for providing police and fire protection services to the property. In addition the public roads and sanitary sewer main extensions will be maintained by the City of Pueblo once they have been constructed and accepted by the City.