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Home My WebLink About08519Reception 1924133 11/1/2012 2 ORDINANCE NO. 8519 AN ORDINANCE VACATING TWO (2) OF THE DRAINAGE EASEMENTS LOCATED WITHIN LOT 2, MINNEQUA INDUSTRIAL PARK, SECOND FILING oE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. = S a •Z a �v The following described drainage easements: mm Jag •m • A vacation of a portion of that drainage easement located within Lot 2, Nod Minnequa Industrial Park, Second Filing, Township 21 South, Range 65 Nm West of the 6th P.M. City of Pueblo, County of Pueblo, State of Colorado r1� H m DESCRIPTION OF EASEMENT 1 TO BE VACATED: A NN 0 o L A portion of that 75' wide Drainage Easement located within Lot 2, ;c _ Minnequa Industrial Park, Second Filing as shown on the recorded plat of N O _ Minnequa Industrial Park, Second Filing, filed for record on January 28, -a� 2003, at Reception No. 1481756, in the records of the Pueblo County Clerk and Recorder, located within the NE 1/4 of Section 26, and SE 1/4 of Section 23, Township 21 South, Range 65 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado. Said parcel being more particularly described as follows; COMMENCING at a point on the east line of said Lot 2, Minnequa Industrial Park, Second Filing, from which the most easterly corner of said Lot 2, bears N 24 °28'56 "E (bearings based on the north property line of said Lot 2, Minnequa Industrial Park, Second Filing, monumented at each end with a No. 4 rebar with yellow plastic cap PLS 33651, assumed to bear N 68 °47'47 "W), a distance of 764.64 feet; thence N 65 °30'57 "W, a distance of 40.00 feet to the POINT OF BEGINNING; thence N 65 °30'57 "W, a distance of 35.00 feet to a point on the west line of said 75' Drainage Easement; thence N 24 °29'03 "E along said west line, a distance of 635.19 feet; thence S 65 °31'03 "E, a distance of 35.00 feet; thence S 24 °29'03 "W, a distance of 635.20 feet to the POINT OF BEGINNING. DESCRIPTION OF EASEMENT 2 TO BE VACATED: A portion of that 30' wide Drainage Easement located within Lot 2, Minnequa Industrial Park, Second Filing as shown on the recorded plat of Minnequa Industrial Park, Second Filing, filed for record on January 28, 2003, at Reception No. 1481756, in the records of the Pueblo County Clerk and Recorder, located within the NE 1/4 of Section 26, and SE 1/4 of Section 23, Township 21 South, Range 65 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado. Said parcel being more particularly described as follows; BEGINNING at the northwest corner of said Lot 2, Minnequa Industrial Park, Second Filing, thence S 68 °47'47 "E along the north property line of 0- said Lot 2 (bearings based on the north property line of said Lot 2, m• Minnequa Industrial Park, Second Filing, monumented at each end with a ado No. 4 rebar with yellow plastic cap PLS 33651, assumed to bear N �� o 68 °47'47 "W), a distance of 770.56 feet; thence S 21°1213"W, a distance mm of 30.00 feet to a point on the south line of said 30' Drainage Easement; mma thence N 68 °47'47 "W along the south line of said 30' Drainage Easement, poi a distance of 767.18 feet to a point on the westerly line of said Lot 2; Nm� thence N 14 °46'55 "E along the westerly line of said Lot 2, a distance of 30.19 feet to the POINT OF BEGINNING; are hereby vacated. o M N O SECTION 2. The vacation is approved with the following conditions: 1. Provide cross - section of the proposed easement at the time of subdivision. 2. Any utility work proposed within CDOT ROW will require a CDOT utility permit. Any non - utility, non - access related work proposed with CDOT ROW will require a CDOT SUP. SECTION 3. This Ordinance shall become effective immediately upon final passage and approval. G . INTRODUCED: SEPTEMBER 24, 2012 / !i4� +, . ' BY: I ` r COUNCIL PERSON • ` 1 ' 111 n° ,, ( k4p p � AT 9 APPROVED: PRES NE T '' CITY COUNCIL ATTESTED BY: _.__ ITY CLERK PASSED AND APPROVED: October 9. 2012 Background Paper for Proposed ORDINANCE DATE: SEPTEMBER 24, 2012AGENDA ITEM # R-5 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JAMES F. MUNCH, ACTING DIRECTOR TITLE AN ORDINANCE VACATING TWO (2) OF THE DRAINAGE EASEMENTS LOCATED WITHIN LOT 2, MINNEQUA INDUSTRIAL PARK, SECOND FILING ISSUE Should City Council approve the proposed vacation of two of the drainage easements located within Lot 2, Minnequa Industrial Park, Second Filing? RECOMMENDATION The Planning and Zoning Commission, at their September 20, 2012 Work Session Meeting, voted 5-0 to recommend approval, with the following conditions: 1. Provide cross-section of the proposed easement at the time of subdivision. 2. Any utility work proposed within CDOT ROW will require a CDOT utility permit. Any non-utility, non-access related work proposed with CDOT ROW will require a CDOT SUP. BACKGROUND The Minnequa Industrial Park Subdivision, Second Filing was platted in January 2003. At the time, several drainage easements were platted. Now that the property is undergoing resubdivision (S-12-05), the drainage easements are no longer necessary, and they impede the ability for the applicant to install security fencing. The easement located along the north property line was put in place to intercept stormwater flowing north towards the Standard Sales property; however, new easements and drainage ways are being designed with Filing No. 3 to replace this portion of the easement. In addition, the 75’ wide drainage easement located along the east of the property is wider than necessary to convey stormwater through the easement. The applicant has verified the size required for conveyance, and has provided access for stormwater maintenance; therefore, the remaining 40 foot wide easement will be sufficient. FINANCIAL IMPACT None.