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HomeMy WebLinkAbout12803RESOLUTION NO. 12803 A RESOLUTION VACATING AN EASEMENT LOCATED AT LOTS 21, 22, 23, AND 24, BLOCK 135, EAST PUEBLO HEIGHTS SUBDIVISION, SECOND FILING WITHIN PUEBLO, COLORADO BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Vacation of Easement, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. SECTION 2. The President of the City Council is hereby authorized to execute the attached Vacation of Easement on behalf of the City. SECTION 3. The City Clerk is directed to cause said Vacation of Easement to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. SECTION 5. This Resolution shall become effective immediately upon final passage. INTRODUCED: October 15, 2013 BY: Ed Brown Background Paper for Proposed RESOLUTION DATE: OCTOBER 15, 2013AGENDA ITEM # M-10 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JULIE ANN WOODS, AICP/ASLA, DIRECTOR TITLE A RESOLUTION VACATING AN EASEMENT LOCATED AT LOTS 21, 22, 23, AND 24, BLOCK 135, EAST PUEBLO HEIGHTS SUBDIVISION, SECOND FILING WITHIN PUEBLO, COLORADO ISSUE Should the City Council vacate the easement? RECOMMENDATION Approval of this Resolution. BACKGROUND On September 22, 1986, City Council approved Ordinance 5346 vacating the west 50 feet of the alley adjacent to the east side of Reading Avenue and between East 15th and East 16th Streets. The Ordinance also provided an easement and right of way for the purpose of utilities and public alley as an alternate crossing. This easement meanders through the backyard portion of 1901 E. 15th Street which does not allow for its full utilization. At the time, a residential dwelling, constructed in 1920, was located across the alley blocking access to traffic and utilities. The alley dwelling has since been removed and the property owners are asking to deed to the City the vacated portion of the alley in exchange for the City vacating the easement. There are no utilities within the easement. Returning the alley to the original location will provide for its logical and anticipated function of vehicle movement and provide proper access to utilities. FINANCIAL IMPACT None. Reception 1959070 10/28/2013 02:18:32 PM Vacation of Easement Date: October 15, 2013 Original Grantors: Florence Russell, Harriet Kay Hidalgo, Ednamae Beach Original Grantee: City of Pueblo, a Colorado Municipal Corporation Date of Easement: August 20, 1986 Date of Recording of Easement: September 26, 1986 Recording Information: Book 2308, Page 883, Reception No. 812808 The City of Pueblo, Colorado, a Colorado Municipal Corporation, does hereby fully and absolutely vacate, release, cancel and forever discharge the following easement, as depicted on the lot plan, marked as Exhibit A, which is attached hereto and incorporated herein by reference, located in the City of Pueblo, Pueblo County, Colorado to wit: An easement located in Lots 21 to 24, inclusive, Block 135, East Pueblo Heights Subdivision, Second Filing, according to the recorded plat thereof, being more particularly described as follows: An easement being 16 feet in width, 8 feet on each side of the following described centerline: Beginning at a point on the west line of said Lot 21 from which point the SW corner of said Lot 21 bears 87.83 feet; thence at an angle of 95° 25' 00" to the right, a distance of 36.23 feet; thence at an angle of 139° 14' 08" to the right, a distance of 61.36 feet to the point of Terminus, said point being a point on the north line of said Lot 24 from which the NE corner of said Lot 24 bears 13.82 feet. It being understood that the sidelines of said easements extend or shorten as necessary to intersect the sidelines of the preceding and following courses, and the sideline of the first and last courses extend or shorten as necessary to intersect the property lines that the point of beginning and the point of terminus are a part of. IN WITNESS WHEREOF, this Vacation of Easement is executed by Grantee to be effective the day and year first above written. 1959070 VAC 10/28/2013 02:18:32 PM Page: 2 3 1 . 0 .00 T 21.0 Gilbert Orti z Clerk /R 2 ecor 00 d er, Pueblo Count y, Co III � � P a' � IA Nit h 1 111 CITY OF PUEBLO, COLORADO, A COLORADO MUNICIPAL CORPORATION O . Q o.t \ i Stephen G. l awrocki Ax pOilR Ity President of City Council STATE OF COLORADO) \ o a33 a. )SS. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on this 15th day of October, 2013, by Pueblo, a Municipal Corporation, by Stephen G. Nawrocki, as President of the City Council of Pueblo, a Municipal Corporation. Witness my official hand and seal. My Commission Expires: Au c 0 o , 0 o a 0 • Not Public ct� ' r tt � � ow e LA 9.•' 5 / 1 '%, OF Cot -0. EXHIBIT A EASEMENT VACATION LOCATED IN BLOCK 135, EAST PUEBLO HEIGHTS 2ND FILING StlhTll W h CO of Pueblo Bureau of Public Works E. 16TH STREET • so. 120' 1 4 6 8 W 25' 25' 25 ' 21 24 26 28 25' 25' 25' 25' E. 15TH STREET LEGEND §X`V Easment to be Vacated 1959070 VAC 10/28/2013 02:18:32 PM Page: 3 2 1.00 0. T 21.00 co Gilbert Ort iz 3 Clerk / R Recorder , Pueblo County, III I0PaRl�Ibtiti��l�rl01� 1 l fills �x�� khilI ®iii 1