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04/25/2014 09:35:00 AM
ORDINANCE NO. 8726
AN ORDINANCE VACATING THE UTILITY EASEMENT
LOCATED WITHIN LOT 1, BELMONT APARTMENTS
SUBDIVISION, MORE COMMONLY KNOWN AS 2020
JERRY MURPHY ROAD
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following described utility easement:
All of the utility easement located in Lot 1, Block 401, in Belmont Forty -
First Filing according to the recorded plat thereof as filed for record at
Book 1678 at Page 406 in the Pueblo County records.
is hereby vacated.
SECTION 2.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Ordinance to effectuate the policies and
procedures described herein.
SECTION3.
This Ordinance shall become effective immediately upon final passage and
A c 0 1
approv ,
w ` vG INTRODUCED: March 24, 2014
° BY: Chris Nicoll
• e COUNCIL PERSON
/ APPROVED: 'LI td / ' t" • A
PRESIDENT OF CITY C enCIL
ATTESTED BY:
ITY CLERK
PASSED AND APPROVED: April 14, 2014
City Clerk’s Office Item # R-11
REGULAR MEETING AGENDA ITEM
COUNCIL MEETING DATE:
March 24, 2014
TO: President Sandra K. Daff and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier – Planning and Community Development
SUBJECT:AN ORDINANCE VACATING THE UTILITY EASEMENT LOCATED
WITHIN LOT 1, BELMONT APARTMENTS SUBDIVISION, MORE
COMMONLY KNOWN AS 2020 JERRY MURPHY ROAD
SUMMARY:
The applicant is requesting to vacate the utility easement located within Lot 1, Belmont
Apartments Subdivision.
PREVIOUS COUNCIL ACTION:
The Belmont Apartments Subdivision was passed and approved by Ordinance 8701 on
February 10, 2014.
BACKGROUND:
st
The 10’ utility easement was platted with the Belmont Subdivision, 41 filing in 1970.
The apartment buildings were constructed in 1972 and were built over the existing lot
lines and easement. The property was recently resubdivided into a one-lot subdivision
to remove internal lot lines in the property. This request is to vacate the easement that
is along those internal lot lines.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their February 12, 2014 Regular Meeting,
voted 5-0 to recommend approval with Commissioners Kaufman and Latka absent.
STAKEHOLDER PROCESS:
The Planning Department sent out Notice of the Planning and Zoning Commission
Public Hearing to all property owners located within 300 feet of the subject property.
A Public Notice poster was placed on the subject property 15 days prior to the Public
Hearing.
The applicant was represented at the Planning and Zoning Commission Public Hearing
by NorthStar Engineering who testified in favor of the application.
ALTERNATIVES:
Buildings on the subject property presently do not conform to the City’s Zoning
requirements due to the fact that they are constructed over this unnecessary easement.
Denial of the vacation would negatively affect the property owners’ ability to refinance
the property.
RECOMMENDATION:
Approval of the Ordinance.
PROPOSED MOTION:
This Ordinance will be placed on the March 24, 2014 Consent Agenda for First
Presentation and on the April 14, 2014 Regular Agenda for Final Presentation and
Public Hearing.
Attachments: Minutes of the Planning and Zoning Commission February 12,
2014 Public Hearing
Memorandum from the Department of Public Works Dated
February 26, 2014
Planning and Zoning Commission Staff Report with Exhibits