HomeMy WebLinkAbout08093ORDINANCE NO. 8093
AN ORDINANCE MAKING CERTAIN LEGISLATIVE
FINDINGS AND APPROVING THE URBAN RENEWAL
PLAN FOR THE UNION AVENUE PROJECT AREA
WHEREAS, MTA Planning & Architecture (the "Consultant ") has been retained
by the Urban Renewal Authority of Pueblo, Colorado (the "Authority ") to conduct studies
and surveys of the area (the "Area ") described in Exhibit A, attached to and
incorporated herein, to determine if the Area contains factors included in the definition of
"blighted area" in the Colorado Urban Renewal Law Sections 31 -25 -101, et seq.,
C.R.S., (the "Act "); and
WHEREAS, the Consultant prepared, submitted, and presented to the City
Council a document entitled "Union Avenue Area Conditions Survey" (the "Survey ")
dated March 25, 2009, and updated as of September 18, 2009, which describes in
detail the conditions in the Area and is incorporated herein by this reference; and
WHEREAS, by Resolution Number 11718, the Pueblo City Council found and
determined that the Area is a "blighted area" as defined in Section 31 -25- 103(2) of the
Act; and
WHEREAS, the Authority has prepared and approved the Urban Renewal Plan
for the Union Avenue Project Area (the "Plan "), a copy of which has been approved as
to form by the City Attorney and is attached hereto and incorporated herein; and
WHEREAS, the aforesaid Plan is a matter of public record in the custody of the
City Clerk and is available for public inspection during business hours of the City; and
WHEREAS, notice of the public hearing on the Plan was published as required
by Section 31 -25- 107(3), C.R.S., at least thirty days prior to the public hearing; and
WHEREAS, written notice was mailed or delivered to each property owner,
business, and resident of the area included in the Plan informing them of the public
hearing at least thirty days prior to the public hearing; and
WHEREAS, the Pueblo Planning and Zoning Commission has determined that
the Plan complies with the Pueblo Regional Comprehensive Development Plan (the
"Comprehensive Plan "), which is the general plan for the development of the City as a
whole; and
WHEREAS, on October 26, 2009, the City Council conducted a public hearing
and reviewed said Plan pursuant to the procedural and notice requirements of the City
Charter, and the Act, and the City Council having considered the evidence presented in
support of and in opposition to the Plan, the Survey, the City's Comprehensive Plan,
and staff recommendations and so having considered the legislative record and given
appropriate weight to the evidence. NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Urban Renewal Area described in the Plan is found and declared to be a
blighted area as defined in the Act. This is a legislative finding by the City Council
based upon the Survey and other evidence presented to City Council.
SECTION 2.
The boundaries of the Urban Renewal Area have been drawn as narrowly as the
City Council determines feasible to accomplish the planning and development
objectives of the Plan.
SFrTin i
The Plan has been submitted to the Board of County Commissioners of Pueblo
County, Colorado, (the "County ") together with the information required by Section 31-
25- 107(3.5) of the Act.
SECTION 4.
Pueblo City Schools (School District No. 60) has been permitted to participate in
an advisory capacity with respect to the inclusion in the Plan of the tax allocation
provisions authorized by Section 31 -25- 107(9) of the Act.
SECTION 5.
It is not expected that any relocation of individuals and families will be required in
connection with the Plan, but to the extent that any such relocation may be required, a
feasible method exists for the relocation of individuals and families in decent, safe, and
sanitary dwelling accommodations within their means and without undue hardship to
such individuals and families.
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It is not expected that any relocation of business concerns will be required in
connection with the Plan, but to the extent that any such relocation may be required, a
feasible method exists for the relocation of such business concerns in the Urban
Renewal Area or in other areas that are not generally less desirable with respect to
public utilities and public and commercial facilities.
SECTION 7.
The City Council has taken reasonable efforts to provide written notice of the
public hearing prescribed by Section 31 -25- 107(3) of the Act to all property owners,
residents, and owners of business concerns in the proposed Urban Renewal Area at
their last known addresses at least thirty days prior to the public hearing on the Plan.
SFrTinN R
Section 31- 25- 107(4)(d) of the Act does not apply because no more than 120
days have passed since the commencement of the only public hearing on the Plan.
SECTION 9.
Section 31- 25- 107(4)(e) of the Act does not apply because the City Council did
not fail to previously approve this Plan.
SECTION 10.
The Plan conforms with the Pueblo Regional Comprehensive Development Plan,
which is the general plan for the development of the City of Pueblo as a whole.
SECTION 11.
The Plan will afford maximum opportunity, consistent with the sound needs of the
municipality as a whole, for the rehabilitation or redevelopment of the Urban Renewal
Area described in the Plan by private enterprise.
SECTION 12.
All of the Urban Renewal Area is within the corporate limits of the City.
Construction and maintenance of public improvements and provision of services in the
Urban Renewal Area will be the primary responsibility of the City, the Authority, private
enterprise, and public entities other than the County. The County has not provided
information that any additional county infrastructure and services will be required to
serve redevelopment in the Urban Renewal Area while the tax allocation provisions
authorized by Section 31- 25- 107(9)(a)(1) and (11) of the Act are in place. Therefore,
increases in County revenue resulting from the proportionate adjustment of the
valuations for assessment under subparagraphs (1) and (11) of Section 31- 25- 107(9)(a)
of the Act and the increase in new County sales tax revenue resulting from
redevelopment in the Urban Renewal Area as described in the impact report provided to
the County pursuant to Section 31 -25- 107(3.5) of the Act will adequately finance any
additional County infrastructure or services while such tax allocation provisions are in
effect.
SECTION 13
The Urban Renewal Area described in the Plan does not consist of open land
within the meaning of Sections 31 -25- 107(5) and (6) of the Act. Therefore, the findings
and determinations set forth in such sections of the Act do not apply and are not
required.
SGrTlr)Nl 1d
The Authority is not authorized to acquire property through the exercise of
eminent domain unless the City Council first approves such acquisition in compliance
with the requirements of the Act.
SECTION 15.
The Urban Renewal Plan for the Union Avenue Project Area has been duly
reviewed and considered and is hereby approved. The Authority is hereby authorized
to take any and all actions pursuant to the Act to carry out the Plan.
SECTION 16.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: October 13, 2009
BY: Judy Weaver
} C � OUNCILPERSON
APPR D' } �,
PRESIDENTaf Cfty Council
A77TSTED DY:
CITY CLERK
PASSED AND APPROVED: October 26, 2009
[PE):! D D
ED
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # S -5
DATE: OCTOBER 13, 2009
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE MAKING CERTAIN LEGISLATIVE FINDINGS AND APPROVING THE
URBAN RENEWAL PLAN FOR THE UNION AVENUE PROJECT AREA
ISSUE
Shall City Council approve the proposed Union Avenue Urban Renewal Plan and thereby
establish a tax increment financing area as a means to eliminate blight?
Approve the Ordinance.
BACKGROUND
This Ordinance approves the Urban Renewal Plan for the Union Avenue Project Area (the
Plan). The goals of which include the following:
• To encourage the development of Urban Mixed Use land uses within the Area;
• To develop and maintain a lively and pedestrian friendly commercial, residential, and office
oriented neighborhood;
• To emphasize street level retail uses, and office or residential uses above street level;
• To encourage quality redevelopment on the site formerly known as the Branch Inn;
• To encourage structural rehabilitation of the Holmes Hardware building and the McLaughlin
building; and
• To establish a fagade improvement program to encourage property owners to maintain the
historic and aesthetic quality of facades within the proposed project area.
The Plan includes a provision for the use of property tax increment within the project area for a
period not to exceed 25 years.
FINANCIAL IMPACT
Total projected tax increment for the project area is approximately $5.1 million, which will be
generated should the 'old Branch Inn," be reconstructed; and the Holmes Hardware Building
and the McLaughlin Building be renovated and restored.
Pueblo Urban
Renewal
Authority
The Urban Renewal Plan for the Union
Avenue Project Area
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I. DEFINITIONS
The terms used in this Urban Renewal Plan shall have the following meanings.
Act means the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31, of the Colorado Revised
Statutes.
Area or Urban Renewal Area means the area of the City included within the boundaries of this Urban
Renewal Plan as depicted within Exhibit A and described within Exhibit B.
Authority means the Urban Renewal Authority of Pueblo, Colorado.
City means the City of Pueblo, Colorado.
Comprehensive Plan means the Pueblo Comprehensive Plan adopted in 2002 including all amendments
thereafter.
Fagade Improvement Program means a revolving loan program established by the Authority for the
purpose of providing a means for property owners to rehabilitate dilapidated building facades, repair
sidewalks, provide accessibility to those with disabilities, and increase and /or establish ornamental
landscaping.
Plan or Urban Renewal Plan means this urban renewal plan as it may be amended in the future.
Project or Urban Renewal Project means all of the activities and undertakings described in this Plan.
Urban Mixed Use means development and land use strategies as defined within Pueblo's Comprehensive
Plan.
II. INTRODUCTION
The purpose of this Plan is to implement those provisions of the Comprehensive Plan that apply to the
Urban Renewal Area. The provisions of this Plan are intended to help provide important services to the
Area, attract private investment, redevelop the urban renewal area, eliminate and prevent conditions of
blight, promote redevelopment and rehabilitation of the urban renewal area, utilize underdeveloped land,
and leverage public investment and funding mechanisms to promote redevelopment and rehabilitation,
promote redevelopment and rehabilitation of the area by private enterprise, and, where necessary,
provide necessary public infrastructure to serve the Area.
This Urban Renewal Plan has been proposed for the City Council of the City pursuant to the provisions
of the Act. The administration of the Project and the implementation of the Plan shall be the
responsibility of the Authority.
III. URBAN RENEWAL AREA BOUNDARIES
The location and boundaries of the Urban Renewal Area within the City are shown in Exhibit A. The
Urban Renewal Area contains approximately 99 acres and is described in Exhibit B.
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IV. SUMMARY OF STATUTORY CRITERIA
The Authority collaborated with MTA Planning and Architects to survey and document whether
conditions that constitute a "blighted area," as defined in the Act, exist in the Area. The result of the
survey is included in a document entitled "Union Avenue Area Conditions Survey" (the Conditions
Survey) dated March 25, 2009, consisting of 33 pages, related exhibits, a description of existing
conditions, and numerous photographs. The Conditions Survey is incorporated herein in its entirety by
this reference.
The Conditions Survey shows that the following factors listed in the Act are present in the Area and that
these conditions qualify the Area as a "blighted area" as defined in the Act:
• Slum, deteriorated, or deteriorating structures;
• Predominance of defective or inadequate street layout;
• Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
• Unsanitary or unsafe conditions;
• Deterioration of site or other improvements;
• Inadequate public improvements or utilities;
• The existence of conditions that endanger life or property by fire or other causes;
• Buildings that are unsafe for persons to live or work in because of dilapidation and /or
deterioration;
• Environmental contamination of buildings or property;
• Substantial physical underutilization or vacancy of sites, buildings, or other
improvements.
V. DESCRIPTION OF URBAN RENEWAL PROJECT
This Plan will be implemented as part of a comprehensive program to eliminate and prevent blight in the
Urban Renewal Area. The Authority and the City, with the cooperation of private enterprise and other
public bodies, will undertake a program to eliminate the conditions of blight identified in the Conditions
Survey while implementing the Comprehensive Plan. The principal goals of the plan are to help provide
public improvements to serve the Union Avenue Historic District located within the Area. Public
improvements may include the following: sewer and water lines, energy and gas lines, underground
transmission lines, storm water detention improvements, landscaping improvements, general
transportation improvements, fagade improvements, historic building rehabilitation, and
reimbursement(s) to public and /or private entities for providing such public improvements. Although
this Plan does not preclude the acquisition of property by the Authority, there is no plan for the
Authority to acquire any property in the Area to implement any of the land uses authorized or permitted
by the Plan. The goals of the Plan will be accomplished by affording maximum opportunity for the
redevelopment and rehabilitation of the Area by private enterprise.
A. Urban Renewal Plan Goals and the Plan's Relationship to Local and Regional Objectives.
1. Goals of the Plan
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This Plan has been adopted to achieve the following goals in the Area:
The Plan's goal is to implement Pueblo's Comprehensive Plan by assisting with the
elimination of development barriers in the Area. These barriers are characterized principally
by slum, deteriorated, or deteriorating structures; deterioration of site or other improvements,
and buildings that are unsafe for persons to live or work in because of dilapidation and /or
deterioration. The Authority will cooperate with public and private enterprise to remedy
these conditions and to otherwise benefit and facilitate redevelopment of the Area by private
enterprise and to stimulate the economic vitality of the Area.
A principal goal of the Plan is historic rehabilitation of structure primarily located within the
Union Avenue Historic District, to implement the Authority's Fagade Improvement Program,
and to stimulate new construction of underutilized sites.
The Plan will implement the following provisions of the Comprehensive Plan:
• To encourage the development of Urban Mixed Use land uses within the Area;
• To develop and maintain a lively and pedestrian friendly commercial, residential, and
office oriented neighborhood;
• To emphasize street level retail uses, and office or residential uses above street level; and
• To emphasize high density residential development.
2. Implementation of the Plan will eliminate and prevent conditions of blight in the Urban
Renewal Area.
3. Through the maximum possible participation of private enterprise and the cooperative efforts
of the public sector, implementation of the Plan will eliminate and prevent economic
deterioration in the Urban Renewal Area and the community at large. The Plan will promote
creation of value in the Area.
4. The Plan will help attract capital investment by private enterprise, thereby providing for
redevelopment and rehabilitation of historic structures and underutilized sites.
5. The Plan will improve conditions and correct problems in the Area related to vehicular
access and circulation, pedestrianibicycle access and circulation, public utilities, drainage,
environmental contamination, public safety, sewer connectivity, underutilization of land, and
public amenities.
B. Land Use Regulations and Building Requirements
The Plan will provide a comprehensive and unified plan to promote and encourage high quality
development and redevelopment of the Urban Renewal Area by cooperative efforts of private
enterprise and public bodies. Notwithstanding anything in the Plan to the contrary, the
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FANOW
development and use of the property within the Urban Renewal Area described in the Plan
including, without limitation, land area, land use, design building requirements, timing or
procedures applicable to the property, shall be subject to the Pueblo Municipal Code and
secondary codes therein adopted by reference, and other applicable standards and regulations of
the City of Pueblo ( "City Regulations "), such as the Union Avenue Historic District
Architectural Guidelines, which shall be controlling with respect thereto.
VI. PROJECT ACTIVITIES
The following provisions shall apply to the Area. In accordance with the Act, the Authority may
undertake these activities directly or, to the extent authorized by applicable law, contract with third
parties to do so.
A. Land Acquisition
The Authority does not intend to undertake land acquisition in the Urban Renewal Area.
However, in order to carry out this Plan, the Authority may exercise any and all of its rights and
powers under the Act and any other applicable law, ordinance or regulation. The Authority may
acquire any interest in property by any manner available; provided, however, acquisition of
property by eminent domain is not authorized unless the Pueblo City Council, pursuant to the
Act, approves, by majority vote, the use of eminent domain by the Authority, subject to the
requirements of applicable law.
B. Relocation
The Authority does not intend to cause displacement of any parties within the Area. However, if
acquisition of property displaces any individual, family, or business concern, the Authority may
assist such party in finding another location, and may, but is not obligated to, make relocation
payments to eligible residents and businesses in such amounts and under such terms and
conditions as it may determine and as may be required by law.
C. Demolition, Clearance and Site Preparation
Although the Authority does not intend to acquire any real property, to the extent that the
Authority may do so, the Authority may demolish and clear buildings, structures, and other
improvements from property it acquires if such buildings, structures, and other improvements are
not to be rehabilitated in accordance with this Plan. The Authority may also reimburse others to
undertake such demolition. The Authority may provide rough and finished site grading and
other site preparation services as part of a comprehensive redevelopment program.
D. Property Management
During such time as any property is acquired by the Authority for disposition for redevelopment,
such property shall be under the management and control of the Authority and may be rented or
leased by it pending disposition for redevelopment or rehabilitation.
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E. Land Disposition, Redevelopment and Rehabilitation
The Authority may dispose of property it acquires by means of a reasonable competitive bidding
procedure it establishes in accordance with the Act and pursuant to redevelopment agreements
between the Authority and such purchasers.
The Authority may also enter into owner participation agreements with property owners in the
Area for the development, redevelopment or rehabilitation of their property. Such agreements
will provide for such participation and assistance as the Authority may elect to provide to such
owners.
The Authority may develop, construct, maintain, and operate buildings and facilities devoted to
uses and purposes as the Authority deems to be in the public interest.
All such redevelopment, owner participation and other agreements shall contain, at a minimum,
provisions requiring:
1. Compliance with the Plan and City Regulations;
2. Covenants to begin and complete development, construction or rehabilitation of both public
and private improvements within a period of time deemed to be reasonable by the Authority;
and
The financial commitments of each party (but nothing herein shall obligate the Authority to
make any such financial commitment to any party or transaction).
F. Public Improvements
The Authority will cooperate with private enterprise, the City and other public bodies to provide
the public improvements necessary to service Area and stimulate economic vitality. The
Authority is authorized to cooperate with all such parties to finance, assist in the design,
installation, construction, and reconstruction of public improvements in the Area and to enter
into agreements to provide public improvements and equipment necessary and incidental to the
provision of infrastructure improvements and public services to serve the needs of the Area.
G. Cooperation Agreements
For the purposes of planning and carrying out this Plan in the Area, the Authority may enter into
one or more cooperation agreements with the City or other public bodies. Without limitation,
such agreements may include project financing and implementation; design, location,
installation, and construction of public improvements, provision for municipal services, and any
other matters required to carry out this Project. It is recognized that cooperation with the City
and other public and private bodies may be required to coordinate such issues as the design,
construction, maintenance, operation, timing of public and private improvements, and the
provision of municipal services within and outside of the Area to properly and efficiently carry
out the goals and objectives of this Plan.
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H. Other Project Undertakings and Activities
Other Project undertakings and activities deemed necessary by the Authority to carry out the
Plan in the Area may be undertaken and performed by the Authority or pursuant to agreements
with other parties, including private enterprise and public bodies in accordance with the
authorization of the Act and any and all applicable laws.
VII. PROJECT FINANCING
The Authority is authorized to finance activities and undertakings under this Plan by any method
authorized by the Act or any other applicable law, including without limitation, appropriations, loans or
advances from the City; federal loans and grants; state loans and grants; interest income; pay as you go
arrangements; annual appropriation agreements; agreements with public and private parties or entities;
sale of securities; loans, advances and grants from any other available source.
Any and all financing methods legally available to the City, the Authority, any private developer,
redeveloper or owner may be used to finance in whole or in part any and all costs, including without
limitation, the cost of public improvements described or anticipated in the Plan or in any manner related
or incidental to the development of the Urban Renewal Area. Such methods may be combined to
finance all or any part of activities and undertakings throughout the Urban Renewal Area. Any
financing method authorized by the Plan or by any applicable law, including without limitation, the Act,
may be used to pay the principal of and interest on and to establish reserves for indebtedness (whether
funded, refunded, assumed or otherwise) incurred by the Authority, the City, or other public or private
entity to finance activities and undertakings authorized by the Act and this Plan in whole or in part.
The Authority is authorized to issue notes, bonds or any other financing instruments or documents in
amounts sufficient to finance all or part of the Urban Renewal Plan. The Authority is authorized to
borrow funds and to create indebtedness in carrying out this Plan. The principal, interest, and any
premiums due on or in connection with such indebtedness may be paid from any funds available to the
Authority.
The Project may be financed by the Authority under the property tax allocation financing provisions of
the Act, which shall be in effect for a term not to exceed the period allowed by statute, as follows:
A. Base Amount
That portion of the taxes which are produced by the levy at the rate fixed each year by or for
each public body upon the valuation for assessment of taxable property in the Urban Renewal
Area last certified prior to the effective date of approval of the Plan or, as to an area later added
to the Urban Renewal Area, the effective date of the modification of the Plan shall be paid into
the funds of each such public body as are all other taxes collected by or for said public body.
B. Increment Amount
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That portion of said property taxes in excess of such base amount shall be allocated to and, when
collected, paid into a special fund of the Authority to pay the principal of, the interest on, and
any premiums due in connection with the bonds of, loans or advances to, or indebtedness
incurred by (whether funded, refunded, assumed or otherwise) the Authority for financing or
refinancing, in whole or in part, the Project or to make payments authorized by the Act.
Unless and until the total valuation for assessment of the taxable property in the Urban Renewal
Area exceeds the base valuation for assessment of the taxable property in the Urban Renewal
Area, all of the taxes levied upon taxable property in the Urban Renewal Area shall be paid into
the funds of the respective public bodies.
When such bonds, loans, advances and indebtedness, including interest thereon and any
premiums due in connection therewith, have been paid, all taxes upon the taxable property in the
Urban Renewal Area shall be paid into the funds of the respective public bodies.
The increment portion of the taxes, as described in this subsection B, may be irrevocably pledged
by the Authority for the payment of the principal of, the interest on, and any premiums due in
connection with such bonds, loans, advances and indebtedness incurred by the Authority to
finance the Project; provided, however, any offsets collected by the County Treasurer for return
of overpayments or any funds reserved by the Authority for such purposes in accordance with
Section 31- 25- 107(9)(a)(III) and (b) of the Act are excluded from any such pledge. The
Authority shall set aside and reserve a reasonable amount as determined by the Authority of all
incremental property taxes paid to the Authority for payment of expenses associated with
administering the Plan.
VIII. CHANGES IN APPROVED PLAN
This Plan may be modified pursuant to the provisions of the Act governing such modifications,
including Section 31 -25 -107, C.R.S.
IX. MINOR VARIATIONS
The Authority may in specific cases allow minor variations from the provisions of the Plan if it
determines that a literal enforcement of the provisions of the Plan would constitute an unreasonable
limitation beyond the intent and purpose of the Plan.
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EXHIBIT A
A.
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EXHIBIT B
Legal Description of the Urban Renewal Area
Beginning at the intersection of the northeasterly right -of -way line of D Street and the southeasterly right -of-
way line of South Main Street; thence northwesterly along the northerly right -of -way line of D Street to its
intersection with the southeasterly right -of -way I ine of the railroad; thence southerly along the easterly right -
of -way line of railroad, which is also the northwesterly lot line of Lot 1, Block 1, Rio Grande Subdivision,
Filing #1, to its intersection with the northwest right -of -way line of vacated 1 st Street (as shown on the Rio
Grande Subdivision plat recording #851622) if extended southwesterly; thence southerly along said right -of-
way, if extended, to the center line of the Arkansas River; thence southeasterly along the center line of the
Arkansas River to its intersection with the northeasterly extension of the northwesterly boundary lines of the
parcels of real property fronting on South Union Avenue; thence southwesterly along said northeasterly
extension of the northwesterly boundary lines of the parcels of real property fronting on South Union Avenue
and along the northwesterly boundary lines of the parcels of real property fronting on South Union Avenue
to its intersection with the southeasterly right -of -way line of Midway Avenue; thence west to the
northwesterly right -of -way line of Midway Avenue; thence southwesterly along the northwesterly right -of-
way line of Midway Avenue to its intersection of the northeasterly right -of -way line of Abriendo Avenue;
thence southwest to the southwesterly right -of -way line of Abriendo Avenue; thence southeasterly along the
southwesterly right -of -way line of Abriendo Avenue to the southeast line of Lot 7, Block 146, South Pueblo;
thence along said lot line if extended northeasterly to the intersection with southeast right -of -line of Olney
Street; thence along said right -of -way line northeasterly to its intersection with the southeast right -of -way
line of Pintado Avenue (as shown on recorded plat of Comstock Place #35824); thence northeasterly along
said right -of -way line [until reaching the center line of the Arkansas River]; thence northwesterly along the
centerline of the Arkansas River to its intersection with the southeasterly right -of -way line of South Main
Street; thence northeasterly along the east southeasterly right -of -way line of South Main Street to the point of
beginning; all in the City of Pueblo, County of Pueblo, State of Colorado.
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