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Home My WebLink About08165Reception 1845150 06/24/2010 03:01:36 PM ORDINANCE NO. 8165 AN ORDINANCE ANNEXING UNINCORPORATED MUNICIPALLY OWNED LAND COMMONLY KNOWN AS PHASE 1, NORTHEAST CORRIDOR AND DESCRIBED AS 15.704 ACRES OF LAND WHEREAS, on March 8, 2010, the Pueblo City Council approved Resolution No. 11830 accepting a deed conveying 71.084 acres of land; WHEREAS, the City has applied for and intends to annex the entire 73.787acres of land in two (2) phases; 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 of hearing as provided in §31 -12 -108 and 109 C.R.S.; 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 the City of Pueblo, a Municipal Corporation, and the official map of the City shall be amended to show such annexation: AREA TO BE ANNEXED: A parcel of land, located in the SE 1/4 of Section 15, the E 1/2 of Section 22, the NW 1/4 of Section 26 and the NE 1/4 of Section 27, all being located in Township 20 South, Range 64 West of the 6th P.M., County of Pueblo, State of Colorado, with all the bearings contained herein based upon a bearing of N88 °01'15 "E, as measured between the W 1/4 Corner of said Section 10, being marked on the ground by a 3 1/4" aluminum cap on #6 rebar, PLS 10372, 1989, found in place, and the E 1/4 Corner of said Section 10, being marked on the ground by an original axle, found in place, said parcel being more particularly described as follows: Beginning at a point on the East line of said Section 27, also being on the North right -of- way line of Pete Jimenez Parkway, from where the E 1/4 Corner of said Section 27, being marked on the ground by a 1" axle, in 1.2'x1.2' concrete pad, with 2" aluminum cap attached, MERRICK & CO, PLS 13155, 2005, found in place, bears S01 °27'22 "E, a distance of 722.43 feet; 1. thence along said North right -of -way line, N76 °45'09 "W, a distance of 103.39 feet; 2. thence 100 feet offset West and parallel to the East line of said Section 27, N01 °27'22 "W, a distance of 1890.77 feet; 3. thence 100 feet offset West and parallel to the East line of said Section 22, N01 °28'02 "W, a distance of 2595.78 feet; 4. thence continuing 100 feet offset West and parallel to said East line of Section 22, N01 °28'38 "W, a distance of 2595.25 feet; 5. thence 100 feet offset West and parallel to the East line of said Section 15, N01 °20'56 "W, a distance of 998.80 feet; 6. thence perpendicular to said East line of Section 15, N88 °39'04 "E, a distance of 50.00 feet; 7. thence 50 feet offset West and parallel to said East line of Section 15, S01 °20'56 "E, a distance of 998.74 feet; 8. thence 50 feet offset West and parallel to said East line of Section 22, S01 °28'38 "E, a distance of 2595.19 feet; 9. thence continuing 50 feet offset West and parallel to said East line of Section 22, S01 °28'02 "E, a distance of 1266.78 feet; 10. thence perpendicular to said East line of Section 22, N88 °31'58 "E, a distance of 50.00 feet; 11. thence along said East line of Section 22, S01 °28'02 "E, a distance of 1329.02 feet; 12. thence along said East line of Section 27, S01 °27'22 "E, a distance of 1289.41 feet, to the Northwest corner of Parcel A, Lot Line Rearrangement No. 2001 -007, recorded in the office of the Pueblo County Clerk and recorder; 13. thence along the North line of said Parcel A, N88 °32'38 "E, a distance of 185.00 feet; 14. thence along the East line of said Parcel A, S01 °2722 "E, a distance of 660.64 feet; 15. thence along the South line of said Parcel A, N76 °45'09 "W, a distance of 191.26 feet, to said East line of Section 27; 16. thence along said East line, S01 °27'22 "E, a distance of 15.51 feet, to the point of beginning. Said parcel contains 15.704 acres, more or Tess. II. NEW CITY LIMIT: Beginning at the Northeast corner of Parcel A, Lot Line Rearrangement No. 2001 -007, recorded in the office of the Pueblo County Clerk and recorder; 1. thence along the East line of said Parcel A, S01 °27'22 "E, a distance of 660.64 feet; 2. thence along the South line of said Parcel A, N76 °45'09 "W, a distance of 191.26 feet, to said East line of Section 27; 3. thence along said East line, S01 °27'22 "E, a distance of 15.51 feet; 4. thence along said North right -of -way line, N76 °45'09 "W, a distance of 103.39 feet; 5. thence 100 feet offset West and parallel to the East line of said Section 27, N01 °27'22 "W, a distance of 1890.77 feet; 6. thence 100 feet offset West and parallel to the East line of said Section 22, N01 °28'02 "W, a distance of 2595.78 feet; 7. thence continuing 100 feet offset West and parallel to said East line of Section 22, N01 °28'38 "W, a distance of 2595.25 feet; 8. thence 100 feet offset West and parallel to the East line of said Section 15, N01 °20'56 "W, a distance of 1008.80 feet; 9. thence perpendicular to said East line of Section 15, N88 °39'04 "E, a distance of 50.00 feet; 10. thence 50 feet offset West and parallel to said East line of Section 15, S01 °20'56 "E, a distance of 1008.74 feet; 11. thence 50 feet offset West and parallel to said East line of Section 22, S01 °28'38 "E, a distance of 2595.19 feet; 12. thence continuing 50 feet offset West and parallel to said East line of Section 22, S01 °28'02 "E, a distance of 1266.78 feet; 13. thence perpendicular to said East line of Section 22, N88 °31'58 "E, a distance of 50.00 feet, to a point on said East line of Section 22, and the point of terminus. III. CERTIFICATION OF PERIMETER: The perimeter of the parcel of land to be annexed, as shown and described hereon, meets the required 1/6 contiguity with the current city limits of the City of Pueblo. 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 15.704 acres of land is within the three -mile limit, (iv) the City has in place a plan for the entire 15.704 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. 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. INTRODUCED: March 8, 2010 BY Judy Weaver COUNCIL PERSON APPROVED: PRESIDENT OF CITY COUNCIL • ATTESTED BY: - ITY CLERK PASSED AND APPROVED: March 22, 2010 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE ANNEXING UNINCORPORATED MUNICIPALLY OWNED LAND COMMONLY KNOWN AS PHASE 1, NORTHEAST CORRIDOR AND DESCRIBED AS 15.704 ACRES OF LAND ISSUE Shall the City Council approve the proposed annexation of the Northeastern Corridor Phase 1? RECOMMENDATION Approval of this Ordinance. BACKGROUND Black Hills /Colorado Electric Utility Company, LP, a Delaware limited partnership ( "Black Hills "), conveyed real property known as the northeast corridor to the City for the purpose of annexing into the city limits of Pueblo. Because of the requirements for annexation per §31- 12- 104(1)(a) C.R.S., 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, the annexation will be in two (2) phases of which this is Phase 1. The annexation of both phases will facilitate the future annexation of the proposed Black Hills Power Plant Site. If the northeast corridor parcel (Phase 1 and 2) is annexed into the City, the proposed power plant property owned by Black Hills would be eligible to be annexed into the City. FINANCIAL IMPACT None.