HomeMy WebLinkAbout113951781786 RES 09/12/2008 03:57:28 PM Zi
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Gilbert Ortiz Clerk /Recorder, Puebio County, Ca
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RESOLUTION NO. 11395
A RESOLUTION GRANTING TO ATLAS PACIFIC
ENGINEERING CORPORATION, 1 ATLAS AVENUE, A
WAIVER FROM A RESTRICTIVE COVENANT, PUEBLO
MEMORIAL AIRPORT INDUSTRIAL PARK
WHEREAS, Atlas Pacific Engineering Corporation, is the owner of the property
known as 1 Atlas Avenue and legally described as follows; and
Beginning at a point on the westerly right- of-way line of Keeler Parkway, from
which the NW comer of said Section 30 bears N 068 41' 31f W (Bearings based on the
north line of said Section 30 to bear N 898 59'27" E, with all bearings contained herein
being relative thereto), a distance of 3112.02 feet; thence S 018 31' 26" E, along the
said westerly right -of -way line, a distance of 410.62 feet; thence continuing along said
westerly right -of -way line along the arc of a curve to the right whose radius is 400.00
feet, a distance of 16.25 feet; thence S 888 32' 10" W, a distance of 895.33 feet; thence
N 018 31' 26" W, a distance of 425.77 feet; thence N 888 27' 57" E, a distance of
895.66 feet to the Point of Beginning, said parcel contains 8.77 acres, more or less.
WHEREAS, Atlas Pacific Engineering Corporation has requested a waiver from
the restrictive covenant set forth in Section (d) of the Warranty Deed recorded in Book
2306, Page 944 in the office of the Pueblo County Clerk and Recorder, to allow the
construction of a structure which will encroach 14.7 feet into the required 25' setback
adjacent to Skyway Street; and
WHEREAS, Section (h) of the above restrictive covenants reserves the right for
City Council to grant said waiver.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The City hereby waives that part of the restrictive covenants set forth in Section
(d) of the Warranty Deed recorded in Book MM Page 944 in the office of the Pueblo
County Clerk and Recorder limiting construction no nearer than 25 feet of side or rear
streets to allow the construction of a structure which will encroach 14.7 feet into the
required setback adjacent to Skyway Street.
INTRODUCED: September 8 , 2008
BY: Randy Thurston
COUNCIL PERSON
APPROV
PRESIDEN OF THE CITY COUNCIL
ATTESTED BY:
CITY CLERK
PASSED AND APPROVED: September 8, 2008
1781786 RES 09/12/2008 03:57:28 PM
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
®III 11111
Res. 113RS
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM #
DATE: SEPTEMBER 8, 2008
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
A RESOLUTION GRANTING TO ATLAS PACIFIC ENGINEERING CORPORATION, 1
ATLAS AVENUE, A WAIVER FROM A RESTRICTIVE COVENANT, PUEBLO
MEMORIAL AIRPORT INDUSTRIAL PARK
ISSUE
Should the City Council grant a waiver from the restrictive covenant to allow the
construction of a structure which will encroach 14.7 feet into the required 25 feet
setback?
RECOMMENDATION
The Department of Planning and Community Development recommends APPROVAL of
the waiver request.
BACKGROUND
Atlas Pacific Engineering Corporation has requested a waiver from the restrictive
covenant set forth in Section (d) of the Warranty Deed recorded in Book 2306, Page
944 in the office of the Pueblo County Clerk and Recorder, to allow the construction of
a structure which will encroach 14.7 feet into the required 25' setback adjacent to
Skyway Street. Atlas Pacific was granted a variance from the Pueblo County Zoning
Board of Appeals on July 22, 2008.
FINANCIAL IMPACT
None.