HomeMy WebLinkAbout16284Docusign Envelope ID: 6D86F154-1749-44EE-B8E7-A48A34FD3397
City Clerk's Office Item # M4
COUNCIL MEETING DATE: March 23, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Vince Petkosek, Deputy City Clerk
FROM: Beritt Odom, Director Planning and Community Development
SUBJECT: A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION
FOR THE ANNEXATION OF THE 24.311 -ACRE AREA COMMONLY
KNOWN AS THE W. 24TH STREET AND N. PUEBLO BOULEVARD
ANNEXATION, IS VALID UNDER THE PROVISIONS OF COLORADO
REVISED STATUTES SECTIONS 31-12-104(1)(A) AND 31-12-107(1),
TABLING FINAL ACTION ON THE PETITION FOR A PERIOD OF NOT
MORE THAN 180 DAYS, AND REFERRING THE PETITION TO THE
PLANNING AND ZONING COMMISSION FOR REVIEW AND
RECOMMENDATION
SUMMARY:
The City Clerk received an annexation petition for 24.311 -acre area located northeast of
the West 24th Street and Pueblo Boulevard (SH45) intersection. This Resolution
determines the petition for annexation is valid under the provisions of Colorado Revised
Statutes Sections 31-12-104(1)(a) and 31-12-107(1), tables final action on the petition
for a period not more than 180 days and refers the petition to the Planning and Zoning
Commission for review and recommendation.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
On February 19, 2026, the property owner submitted an annexation petition for the West
24th Street and Pueblo Boulevard (SH45) intersection Annexation totaling 24.311- acres.
This Resolution preliminarily determines that the petition for annexation is valid under
the provisions of the Colorado Revised Statutes Sections 31-12-104(1)(a) and 31-12-
107(1). In accordance with the procedure established in the Pueblo Municipal Code, the
final action on the petition is tabled for a period of not more than one hundred eighty
Docusign Envelope ID: 6D86F154-1749-44EE-B8E7-A48A34FD3397
(180) days and the petition is referred to the Planning and Zoning Commission for review
and recommendation.
FINANCIAL IMPLICATIONS:
The filing of the annexation petition and the approval of the Resolution determining the
property substantially complies with the provisions of Colorado Revised Statutes
Sections 31-12-104(1)(a) and 31-12-107(1) and does not result in any direct financial
impact to the City of Pueblo.
BOARD/COMMISSION RECOMMENDATION:
None at this point in the review process.
STAKEHOLDER PROCESS:
Copies of the Petition for Annexation will be sent via registered mail by the City Clerk to
the Board of County Commissioners, County Attorney of Pueblo County and to any
school district or special district having territory within the area to be annexed. Copies of
an Annexation Impact Report will be filed with all taxing entities as required by Colorado
Revised Statutes.
ALTERNATIVES:
None.
RECOMMENDATION:
The City Planning staff has reviewed the annexation petition for compliance with Sections
31-12-104(1)(a) and 31-12-107(1) of the Colorado Revised Statutes and recommends
that City Council preliminarily finds that the petition is valid according to Colorado Revised
Statutes.
ATTACHMENTS:
1. PETITI-1
2. PUEBLO ANNEXATION PLAT
Docusign Envelope ID: 6D86F154-1749-44EE-B8E7-A48A34FD3397
RESOLUTION NO. 16284
A RESOLUTION PRELIMINARILY DETERMINING THAT THE
PETITION FOR THE ANNEXATION OF THE 24.311 -ACRE AREA
COMMONLY KNOWN AS THE W. 24TH STREET AND N.
PUEBLO BOULEVARD ANNEXATION, IS VALID UNDER THE
PROVISIONS OF COLORADO REVISED STATUTES SECTIONS
31-12-104(1)(A) AND 31-12-107(1), TABLING FINAL ACTION ON
THE PETITION FORA PERIOD OF NOT MORE THAN 180 DAYS,
AND REFERRING THE PETITION TO THE PLANNING AND
ZONING COMMISSION FOR REVIEWAND RECOMMENDATION
WHEREAS, a Petition for Annexation of the area described in Section 1 hereof has been
filed with the City Clerk; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
The Petition for Annexation ("Petition") of the following described area situated in Pueblo
County, Colorado, is hereby found and determined to be in substantial compliance with the
provisions of C.R.S. §31-12-104(1)(a) and §31-12-107(1):
AREA TO BE ANNEXED
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF
SAID SECTION 22, THENCE N 00°32'41" W, ALONG THE WEST LINE OF SAID
NORTHWEST QUARTER, A DISTANCE OF 690.08 FEET TO A POINT 690.00 FEET
PERPENDICULAR DISTANCE NORTH OF THE SOUTH LINE OF SAID NORTHWEST
QUARTER; THENCE N 88°35'21" E ALONG A LINE PARALLEL WITH AND 690.00 FEET
PERPENDICULAR DISTANCE NORTH OF SAID SOUTH LINE, A DISTANCE OF
1,529.60 FEET; THENCE S 01°24'09" E, A DISTANCE OF 690.00 FEET TO A POINT ON
THE SOUTH LINE OF SAID NORTHWEST QUARTER AND THE NORTHWEST CORNER
OF PARCEL "R", PIKES PEAK PARK, FILING NO. 1 PUEBLO COUNTY RECORDER
RECEPTION NUMBER 2340508; THENCE S 88°35'21" WALONG SAID SOUTH LINE A
DISTANCE OF 1539.93 FEET TO THE POINT OF BEGINNING.
CONTAINS 24.311 ACRES, MORE OR LESS
PROPOSED NEW CITY LIMITS LINE
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF
SAID SECTION 22, THENCE N 00°32'41" W, ALONG THE WEST LINE OF SAID
NORTHWEST QUARTER, A DISTANCE OF 690.08 FEET TO A POINT 690.00 FEET
PERPENDICULAR DISTANCE NORTH OF THE SOUTH LINE OF SAID NORTHWEST
QUARTER; THENCE N 88°35'21" E ALONG A LINE PARALLEL WITH AND 690.00 FEET
PERPENDICULAR DISTANCE NORTH OF SAID SOUTH LINE, A DISTANCE OF
1,529.60 FEET; THENCE S 01°24'09" E, A DISTANCE OF 690.00 FEET TO A POINT ON
Docusign Envelope ID: 6D86F154-1749-44EE-B8E7-A48A34FD3397
THE SOUTH LINE OF SAID NORTHWEST QUARTER AND THE NORTHWEST CORNER
OF PARCEL "R", PIKES PEAK PARK, FILING NO. 1 PUEBLO COUNTY RECORDER
RECEPTION NUMBER 2340508.
CERTIFICATION OF PERIMETER
AT LEAST ONE -SIXTH OF THE BOUNDARY OF THE LAND DESCRIBED IN THE
ANNEXATION ABOVE IN NOW EXISTING CITY LIMITS LINE. THE COMPLETE
ANNEXATION IS WITHIN 3 MILES OF THE PRESENT CITY LIMITS.
SECTION 2
Final action on the Petition is hereby tabled for a period of not more than one hundred
eighty (180) days and the Petition is hereby referred to the Planning and Zoning Commission for
review and recommendation.
SECTION 3.
Upon receipt of the recommendation of the Planning and Zoning Commission, the City
Council, without undue delay, shall make a final determination by Resolution whether the petition
substantially complies with the applicable requirements of Section 31-12-107(1), C.R.S. and
establish the date, time and place the City Council will hold a public hearing to determine if the
proposed annexation complies with sections 31-12-104 and 31-12-105, C.R.S. or such parts
thereof as may be required to establish eligibility for annexation.
SECTION 4.
The officers and staff of the City are authorized to perform any and all acts consistent with
the intent of the Resolution.
INTRODUCED: March 23. 2026
BY: Brett Boston
MEMBER OF CITY c.OIyNCIL
Docu igne by:
APPROVED: au((
8ignedby- PRESIDENTOUNCIL
ATTESTED BY: � Pt Dst.
DEPUTY UTY CLERK K
CITY OF PUEBLO
ANNEXATION INFORMATION SHEET
Attached is a blank Petition for Annexation to be completed and filed with the City Clerk of
the City of Pueblo together with an original and twenty-four (24) prints of an annexation map
and satisfactory evidence of the names and addresses of all the owners of land within the area
proposed to be annexed. All petitioners must sign the Petition for Annexation within 180 days
before the date of filing with the City Clerk. Prior to filing with the City Clerk all documents
must be reviewed by the City's Director of Land Use.
TO BE COMPLETED BY PETITIONERS
Name of Annexation: Pueblo Annexation
Location and size in acres: Section 22 , Township 20 South,
Range 65 , West of the P.M., County of Pueblo, Colorado,
24.311 acres.
100 % of Owners ; Less than 100% of owners
School District No. 60 ; Special District:
Annexation Agreement: The City requires the Petitioner to enter into an Annexation
Agreement prior to the effective date of the annexation. Such Agreement shall constitute
conditions of annexation as effectively as if set forth in the Petition For Annexation.
For Office Use Only: Date Reviewed by Director of Land Use
Date Petition Filed Filing Fee $ Paid
Resolution Finding Substantial Compliance adopted
Date of Public Hearing ; Notice of Public Hearing Published:
and
Copy of published Notice and Petition For Annexation sent by Registered Mail on
to Pueblo County Board of County Commissioners, Pueblo County
Attorney, School District , Southeastern Water Conservancy District, Pueblo Library
District, Other and special district
Upon receipt of this Annexation Information Sheet, Petition For Annexation, 24 prints of the
annexation map, and evidence of ownership, the City Clerk will forward copies of the
Annexation Information Sheet and Petition for Annexation together with the evidence of
ownership and 20 prints of the annexation map to the Director of Land Use and refer the Petition
For Annexation to the City Council as a communication.
CITY OF PUEBLO
PETITION FOR ANNEXATION
TO THE CITY COUNCIL OF PUEBLO, COLORADO:
Pursuant to the Municipal Annexation Act of 1965 and C.R.S. §31-12-107(1) the
undersigned landowners within the area proposed for annexation hereby petition the City
Council of the City of Pueblo for annexation to the City of Pueblo (herein "City") of the
following described unincorporated area located in the County of Pueblo, State of Colorado:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER
OF SAID SECTION 22, THENCE N 00°32'41"W, ALONG THE WEST LINE OF SAID
NORTHWEST QUARTER, A DISTANCE OF 690.08 FEET TO A POINT 690.00 FEET
PERPENDICULAR DISTANCE NORTH OF THE SOUTH LINE OF SAID
NORTHWEST QUARTER; THENCE N 88°35'21 "E ALONG A LINE PARALLEL WITH
AND 690.00 FEET PERPENDICULAR DISTANCE NORTH OF SAID SOUTH LINE, A
DISTANCE OF 1,529.60 FEET; THENCE S 01°24'09" E, A DISTANCE OF 690.00
FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER AND
THE NORTHWEST CORNER OF PARCEL "R", PIKES PEAK PARK, FILING NO. 1
PUEBLO COUNTY RECORDER RECEPTION NUMBER 2340508; THENCE S
88°35'21" W ALONG SAID SOUTH LINE A DISTANCE OF 1539.93 FEET TO THE
POINT OF BEGINNING.
As ground for this annexation, Petitioners state:
It is desirable and necessary that the area herein described be annexed to the City.
2. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous
with existing boundaries of the City.
3. This petition for annexation has been signed by persons comprising more that fifty
percent (50%) of the landowners in the area proposed to be annexed and owning more
than fifty percent (50%) of the area, excluding public street, alleys, and any land owned
by the City.
4. A community of interest exists between the area proposed to be annexed and the City.
5. The area proposed to be annexed is urban or will be urbanized in the near future.
6. The area proposed to be annexed is integrated with or is capable of being integrated with
the City.
7. No land held in identical ownership, whether consisting of one tract or parcel of real
estate or two or more contiguous tracts or parcels of real estate:
(a) is divided into separate parts or parcels without the written consent of the landowners
thereof, unless such tracts or parcels are separated by a dedicated street, road or other
public way; or,
(b) comprises twenty (20) acres or more and which, together with the buildings and
improvements situated thereon has an assessed value in excess of $200,000.00 for ad
valorem tax purposes for the year preceding the annexation, is included within the
territory proposed to be annexed without the written consent of the landowner or
landowners.
8. The mailing address of each signer, the legal description of the land owned by each
landowner and the date of signing of each signature are shown on this petition.
9.. Attached to this petition is the affidavit of the circulator of this petition that each
signature hereon is the signature of the person whose name it purports to be.
10. Accompanying this petition are an original and twenty-four (24) prints of an annexation
map containing the following information:
(a) A written legal description of the boundaries of the area proposed to be annexed;
(b) A map showing the boundary of the area proposed to be annexed. (Such map shall
be prepared by and contain the seal of a Colorado registered engineer or land
surveyor);
(c) Within the annexation boundary map there is shown the location of each ownership
tract in unplatted land and, if part or all of the area is platted, the boundaries and the
plat numbers of plots or of lots and blocks;
(d) Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the City and the area proposed to be annexed with the
dimension of such boundary.
11. The area proposed to be annexed is not presently a part of any incorporated city or town.
12. No part of the area proposed to be annexed is more than three miles in any direction from
any point of the boundaries of the City as such was established more than one year before
this annexation will take place.
13. As condition of and in consideration of the City annexing the area proposed to be
annexed, Petitioners, for themselves and their heirs, personal representatives, successors
and assigns:
(a) Waive and release all previously acquired or existing vested property rights
attached to or established with respect to the area proposed to be annexed and
acknowledge and agree that the annexation of the area proposed to be annexed is
not a site specific development plan and no vested property right shall attach to or
be established with respect to the area proposed to be annexed.
(b) Acknowledge and agree that upon the annexation of the area proposed to be
annexed and, subject to the provisions of the Annexation Agreement, the area shall
become subject to the Charter, ordinances, resolutions, rules and regulations of the
City, but that the City shall have no obligation to furnish or extend municipal
services; including, but not limited to sanitary sewer services, to the area proposed
to be annexed.
(c) "Vested property right" and "site specific development plan" shall have the same
meaning as set forth in Chapter 12 of Title XVII of the 1971 Code of Ordinances of
the City and Article 60, Title 24, C.R.S.
14. Petitioners consent and agree to the following conditions:
(a) ' Petitioners and the City shall enter into an Annexation Agreement prior to the
effective date of this annexation.
(b)
(c)
(d)
(e)
WHEREFORE, Petitioners request that the City Council of Pueblo approve the annexation of the
above described area to the City of Pueblo (all Petitioners must sign this Petition within 180 days
prior to the date of filing with the City Clerk.
MAILING LEGAL DATE OF
ADDRESS DESCRIPTION SIGNING
1 Judy's Dream Lane X574
A
Pueblo, CO 81005 s desc page 2
CIRCULATOR'S OATH
STATE OF COLORADO
ss.
COUNTY OF PUEBLO
The undersigned of lawful age being first duly sworn upon oath deposes and states that I
circulated the foregoing Petition For Annexation and that each signature therein is the signature
of the person whose name it purports to be.
J-i 1a -
Circulator's Signature
Subscribe and affirmed, or sworn to, before me in the County of
State of JIN , this f 1 day of
20.E
Bye
Witness my hand and official .eat.
My commission expires:
BETH EILEEN NELSON
NOTARY PUBLIC NO ubiiC (or official title)
MINNESOTA
My Commission Ecires Jan. 31,2027
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CONSENT OF LANDOWNER SUBMITTED PURSUANT TO
§31-12-105(l)(A), C.R.S., WITH RESPECT TO ANNEXATION OF PROPERTY
CASE NO.
THIS CONSENT OF LANDOWNER is executed by and on behalf of Pueblo Masterplan
Communities LLC, a Colorado limited liability company ("Landowner") and submitted to the
City of Pueblo ("City") on this _ day of /1,20LM Landowner is the owner
of the following described land located in the County of Pueblo, State of Colorado:
(the "Parcel")
Landowner has petitioned the City for annexation of a portion of the Parcel. The legal
description of the portion of the Parcel petitioned for annexation is as follows:
("Proposed Annexation Area")
Landowner acknowledges that the Proposed Annexation Area shall result in a division of
the Parcel into separate parts or parcels. Landowner further acknowledges that
§31-12-105(l)(A), C.R.S., requires Landowner's written consent to such division of the Parcel
for the annexation. In satisfaction of such requirement, Landowner hereby consents to such
division of the Parcel for the annexation. Landowner stipulates, acknowledges and agrees that
this consent may not be withdrawn before final action on the proposed annexation.
IN WITNESS WHEREOF, the Landowner has executed this Consent of Landowner as of the date
first set forth above.
LANDOWNER
Pueblo Masterplan Communities LLC, a Colorado
Limitect Liability Con any
By:
Name
Title: p
STATE OF l_
ss.
COUNTY OF f \ (AN\ )
The foregoing instrument was acknowledged before me this t (date) by
` (name of manager(s) or member(s)) as manager(s) or
member(s) of Pueblo Masterplan Communities LLC, a Colorado Limited Liability Company.
.My commission expires: lkl
(SEAL)
Notary Public (or official title)
BRENDA MEZA
Notary Public, State of Nevada
Appointment No. 25-3384.01
MyAppt. Expires Mar 20, 2029
ri
b
PARCEL:
522000055
PROPOSED ANNEXATION AREA:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID
SECTION 22, THENCE N 00°32'41 "W, ALONG THE WEST LINE OF SAID NORTHWEST
QUARTER, A DISTANCE OF 690.08 FEET TO A POINT 690.00 FEET PERPENDICULAR
DISTANCE NORTH OF THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE N
88°35'21 "E ALONG A LINE PARALLEL WITH AND 690.00 FEET PERPENDICULAR DISTANCE
NORTH OF SAID SOUTH LINE, A DISTANCE OF 1,529.60 FEET; THENCE S 01°24'09" E,.A
DISTANCE OF 690.00 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST
QUARTER AND THE NORTHWEST CORNER OF PARCEL "R", PIKES PEAK PARK, FILING NO.
PUEBLO COUNTY RECORDER RECEPTION NUMBER 2340508; THENCE S 88°35'21" W
ALONG SAID SOUTH LINE A DISTANCE OF 1539.93 FEET TO THE POINT OF BEGINNING.
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersigned hereby executes this Statement of Authority on behalf
of Pueblo Masterplan Communities, LLC
a, Colorado Limited Liability Company
an entity other
than an individual, capable of holding title to real property (the "Entity"), and states as follows:
The name of the Entity is a Colorado Limited Liability Company
(state type of entity and state, country, or other governmental authority under whose laws such entity is formed)
The mailing address for the Entity is 1 Judy's Dream Lane, Pueblo, Coorado 81005
The name or position of the person authorized to execute instruments conveying, encumbering, or other
affecting title to real property on behalf of the Entity is: _Denise Szewczynski, Member.
The limitations upon the authority of the person named above or holding the position described above to
bind the Entity are as follows:
none.
(if no limitations, insert "None")
Other matters concerning the manner in which the Entity deals with any interest in real property are:
(if no other matters, leave this section blank)
EXECUTED this 24th day of _January, 2026
Signature:
Name (typed or printed: De se Szewczynski
Title (if any): Member
STATE OF Nevada
COUNTY OF Clark
The foregoing instrument was acknowledged before me this _24th_ day of January, 2026 by_
Denise Szewczynski, Member , on behalf of Pueblo Masterplan Communities, a Colorado Limited Liability
Company — —
Witness my hand and official seal.
My commission expires: NUYGr20ZU,
[SEAL] Notary Public
BRENDA MEZA
Notary Public, State of Nevada
DPW 116 Appointment No. 25-3384-01
02/07/02 My Appt. Expires Mar 20, 2029
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