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HomeMy WebLinkAbout08346Reception 1874722 05/09/2011 ORDINANCE NO 8346 EN AN ORDINANCE VACATING THE 10' UTILITY EASEMENT AND 10' DRAINAGE AND UTILITY EASEMENT IN LOTS 1 AND 2, BLOCK 1, RANCHO DEL SOL SUBDIVISION, = SEVENTH FILING roc a BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: M SECTION 1. a mm Q = - The following described easements Nm All of the 10' Utility Easement and 10' Drainage & Utility Easement located in Lot 1, Block 1 and the Southerly 14' of the 10' Drainage & Utility N Easement located in Lot 2, Block 1 of Rancho Del Sol Seventh Filing, 0 o2 • according to the recorded plat thereof as filed for record at Book 2970 on N 0 -111 Page 776 in the Pueblo County Records AIM are hereby vacated SECTION 2. This vacation is approved with the following conditions 1 Utilities that are currently located in the easements proposed to be vacated must either be located in the new proposed easement or relocated within an easement prior to the vacation plat being recorded 2 Approval of the easement vacation is conditioned upon approval and recording of the Fortino Commons Subdivision If the Subdivision is not approved and /or recorded, the applicant must dedicate, by separate document, the easements proposed on the Fortino Commons Subdivision Plat. SECTION 3. This Ordinance shall become effective immediately upon final passage and approval INTRODUCED April 11, 2011 D BY Larry Atencio COUNCIL PERSON APPROVED RCIA P ESI ENT OF CITY COUNCIL ATTESTED BY CITY CLERK PASSED AND APPROVED April 25, 2011 Background Paper for Proposed ORDINANCE # R-11 DATE: APRIL 11, 2011 AGENDA ITEM DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE VACATING THE 10’ UTILITY EASEMENT AND 10’ DRAINAGE AND UTILITY EASEMENT IN LOTS 1 AND 2, BLOCK 1, RANCHO DEL SOL SUBDIVISION, SEVENTH FILING ISSUE Shall City Council approve the proposed vacation of the Drainage and Utility Easements located within Lots 1 and 2, Block 1, Rancho Del Sol Subdivision, Seventh Filing? RECOMMENDATION The Planning and Zoning Commission, at their March 9, 2011 Regular Meeting, voted 6-0 to recommend approval, with the following conditions: 1. Utilities that are currently located in the easements proposed to be vacated must either be located in the new proposed easement or relocated within an easement prior to the vacation plat being recorded. 2. Approval of the easement vacation is conditioned upon approval and recording of the Fortino Commons Subdivision. If the Subdivision is not approved and/or recorded, the applicant must dedicate, by separate document, the easements proposed on the Fortino Commons Subdivision Plat. BACKGROUND The original subdivision created a 10’ utility easement along the southern property line of Lot 1. Currently, the only utility in this easement is a telephone cabinet. In addition, the building was constructed at approximately 9.5’ from Fortino Boulevard, approximately 6” into the platted easement. With the Fortino Commons Subdivision, a new 6’ wide utility easement along the southern property line of Lot 1 will be platted that will contain all existing utilities and alleviates the building encroachment into the easement. The original subdivision created a 10’ utility and drainage easement along the eastern property line of Lots 1 and 2. The Fortino Commons Subdivision includes a new 10’ utility and drainage easement to accommodate all drainage and utilities, and also includes the unsubdivided property to the east. Any utilities that are located in the current easement to be vacated will be relocated to the new easement. FINANCIAL IMPACT None.