HomeMy WebLinkAbout08166Reception 1845151
06/24/2010 03:01:36 PM
ORDINANCE NO. 8166
AN ORDINANCE ANNEXING UNINCORPORATED
MUNICIPALLY OWNED LAND COMMONLY KNOWN AS
PHASE 2, NORTHEAST CORRIDOR AND DESCRIBED AS
58.083 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 Section 15, the E 1/2 of Section 22 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 the NE Corner of said Section 15, being marked on the ground by a 3 1/4"
aluminum cap on #6 rebar, JR ENG LTD, PLS 31161, 2000, 20' Witness Corner (West),
found in place;
1. thence along the East line of said Section 15, S01 °21'42 "E, a distance of 2638.63
feet, to the E 1/4 Corner of said Section 15, being marked on the ground by a 3 1/4"
aluminum cap on 2" aluminum pipe, ADAMS & MANGINI, PLS 10093, 1984, found in
place;
2. thence continuing along said East line, S01 °20'56 "E, a distance of 2640.14 feet, to
the Northeast Corner of said Section 22, being marked on the ground by a 3 1/4"
aluminum cap on 2 1/2" aluminum pipe, MANGINI & ASSOCIATES INC, PLS 16128,
1993, found in place;
3. thence along the East line of said Section 22, S01 °28'38 "E, a distance of 2595.14
feet, to the E 1/4 Corner of said Section 22, being marked on the ground by a 3 1/4"
aluminum cap on 2" aluminum pipe, ADAMS & MANGINI, PLS 10093, 1984, found in
place;
4. thence continuing along said East line, S01 °28'02 "E, a distance of 1266.78 feet;
5. thence perpendicular to said East line of Section 22, S88 °31'58 "W, a distance of
50.00 feet;
6. thence continuing 50 feet offset West and parallel to said East line of Section 22,
N01 °28'02 "W, a distance of 1266.78 feet;
7. thence 50 feet offset West and parallel to said East line of Section 22, N01 °28'38 "W,
a distance of 2595.19 feet;
8. thence 50 feet offset West and parallel to said East line of Section 15, N01 °20'56 "W,
a distance of 998.74 feet;
9. thence perpendicular to said East line of Section 15, S88 °39'04 "W, a distance of
50.00 feet;
10. thence 100 feet offset West and parallel to the East line of said Section 15,
S01 °20'56 "E, a distance of 998.80 feet;
11. thence 100 feet offset West and parallel to said East line of Section 22,
S01 °28'38 "E, a distance of 2595.25 feet;
12. 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;
13. thence 100 feet offset West and parallel to the East line of said Section 27,
S01 °27'22 "E, a distance of 1890.77 feet, to a point on the North right -of -way line of Pete
Jimenez Parkway;
14. thence along said North right -of -way line, N76 °45'09 "W, a distance of 51.69 feet;
15. thence 150 feet offset West and parallel to said East line of Section 27,
N01 °27'22 "W, a distance of 1877.64 feet;
16. thence 150 feet offset West and parallel to said East line of Section 22,
N01 °28'02 "W, a distance of 2595.77 feet;
17. thence continuing 150 feet offset West and parallel to said East line of Section 22,
N01 °28'38 "W, a distance of 2595.30 feet;
18. thence 150 feet offset West and parallel to said East line of Section 15,
N01 °20'56 "W, a distance of 2488.79 feet, to a point lying 150 feet South and
perpendicular to the East -west centerline of said Section 15;
19. thence 150 feet offset South and parallel to said East -west centerline of Section 15,
S88 °04'28 "W, a distance of 3785.80 feet;
20. thence 572.57 feet along a curve to the left having a radius of 1160.00 feet, a
tangent of 292.24 feet, a delta of 28 °16'52 ", and a chord of 566.78 feet that bears
S73 °56'03 "W;
21. thence S59 °47'37 "W, a distance of 100.00 feet;
22. thence 648.68 feet along a curve to the right having a radius of 1310.00 feet, a
tangent of 331.13 feet, a delta of 28 °22'17 ", and a chord of 642.07 feet that bears
S73 °58'45 "W, to a point on the West line of said Section 15, from where the W 1/4
Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap on #6
rebar, JR ENG LTD, RLS 31161, 2000, found in place, bears N01 °23'28 "W, a distance
of 492.23 feet;
23. thence along said West line, N01 °23'28 "W, a distance of 150.01 feet;
24. thence 573.24 feet along a non - tangent curve to the left having a radius of 1160.00
feet, a tangent of 292.60 feet, a delta of 28 °18'51 ", and a chord of 567.43 feet that bears
N73 °57'02 "E;
25. thence N59 °47'37 "E, a distance of 100.00 feet;
26. thence 646.61 feet along a curve to the right having a radius of 1310.00 feet, a
tangent of 330.03 feet, a delta of 28 °16'52 ", and a chord of 640.07 feet that bears
N73 °56'03 "E, to a point on said East -west centerline of Section 15;
27. thence along said East -west centerline, N88 °04'28 "E, a distance of 3607.13 feet, to
the Southwest corner of the East 20 acres of the NW 1/4 of Section 15;
28. thence along the West line of said East 20 acres, N01 °21'42 "W, a distance of
2638.65 feet, to the North line of said Section 15;
29. thence along said North line, N88 °04'42 "E, a distance of 330.19 feet,
to the point of beginning.
Said parcel contains 58.083 acres, more or less.
II. NEW CITY LIMIT:
Beginning at a point on the North line of Pete Jimenez Parkway, lying 100 feet offset
and parallel to the east line of said Section 27;
1. thence along said North right -of -way line, N76 °45'09 "W, a distance of 51.69 feet;
2. thence 150 feet offset West and parallel to said East line of Section 27,
N01 °27'22 "W, a distance of 1877.64 feet;
3. thence 150 feet offset West and parallel to said East line of Section 22,
N01 °28'02 "W, a distance of 2595.77 feet;
4. thence continuing 150 feet offset West and parallel to said East line of Section 22,
N01 °28'38 "W, a distance of 2595.30 feet;
5. thence 150 feet offset West and parallel to said East line of Section 15,
N01 °20'56 "W, a distance of 2488.79 feet, to a point Tying 150 feet South and
perpendicular to the East -west centerline of said Section 15;
6. thence 150 feet offset South and parallel to said East -west centerline of Section 15,
S88 °04'28 "W, a distance of 3785.80 feet;
7. thence 572.57 feet along a curve to the left having a radius of 1160.00 feet, a
tangent of 292.24 feet, a delta of 28 °16'52 ", and a chord of 566.78 feet that bears
S73 °56'03 "W;
8. thence S59 °47'37 "W, a distance of 100.00 feet;
9. thence 648.68 feet along a curve to the right having a radius of 1310.00 feet, a
tangent of 331.13 feet, a delta of 28 °22'17 ", and a chord of 642.07 feet that bears
S73 °58'45 "W, to a point on the West line of said Section 15, from where the W 1/4
Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap on #6
rebar, JR ENG LTD, RLS 31161, 2000, found in place, bears N01 °23'28 "W, a distance
of 492.23 feet;
10. thence along said West line, N01 °23'28 "W, a distance of 150.01 feet;
11. thence 573.24 feet along a non - tangent curve to the left having a radius of 1160.00
feet, a tangent of 292.60 feet, a delta of 28 °18'51 ", and a chord of 567.43 feet that bears
N73 °57'02 "E;
12. thence N59 °47'37 "E, a distance of 100.00 feet;
13. thence 646.61 feet along a curve to the right having a radius of 1310.00 feet, a
tangent of 330.03 feet, a delta of 28 °16'52 ", and a chord of 640.07 feet that bears
N73 °56'03 "E, to a point on said East -west centerline of Section 15;
14. thence along said East -west centerline, N88 °04'28 "E, a distance of 3607.13 feet, to
the Southwest corner of the East 20 acres of the NW 1/4 of Section 15;
15. thence along the West line of said East 20 acres, N01 °21'42 "W, a distance of
2638.65 feet, to the North line of said Section 15;
16. thence along said North line, N88 °04'42 "E, a distance of 330.19 feet;
17. thence along the East line of said Section 15, S01 °21'42 "E, a distance of 2638.63
feet, to the E 1/4 Corner of said Section 15, being marked on the ground by a 3 1/4"
aluminum cap on 2" aluminum pipe, ADAMS & MANGINI, PLS 10093, 1984, found in
place;
18. thence continuing along said East line, S01 °20'56 "E, a distance of 2640.14 feet, to
the Northeast Corner of said Section 22, being marked on 'the ground by a 3 1/4"
aluminum cap on 2 1/2" aluminum pipe, MANGINI & ASSOCIATES INC, PLS 16128,
1993, found in place;
19. thence along the East line of said Section 22, S01 °28'38 "E, a distance of 2595.14
feet, to the E 1/4 Corner of said Section 22, being marked on the ground by a 3 1/4"
aluminum cap on 2" aluminum pipe, ADAMS & MANGINI, PLS 10093, 1984, found in
place;
20. thence continuing along said East line, S01 °28'02 "E, a distance of 1266.78 feet, to
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 Tess
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 58.083 acres of land is
within the three -mile limit, (iv) the City has in place a plan for the entire 58.083 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 /Councilperson
APPROVED: Lawrence Atencio/President City Council
ATTESTED BY: Gina Dutcher/City 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 2, NORTHEAST CORRIDOR AND DESCRIBED AS
58.083 ACRES OF LAND
ISSUE
Shall the City Council approve the proposed annexation of the Northeastern Corridor
Phase 2?
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 2. 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.