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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
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BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
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SECTION 1. a
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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
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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.