HomeMy WebLinkAbout08749 Reception 1996679
02/17/2015 02:42:36 PM
ORDINANCE NO. 8749
AN ORDINANCE VACATING CERTAIN PUBLIC UTILITY
AND DRAINAGE EASEMENTS LOCATED WITHIN LOTS 1
AND 2, BLOCK 2, EAGLECROSS SUBDIVISION, MORE
COMMONLY KNOWN AS 670 EAGLERIDGE BOULEVARD
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following described public utility and drainage easements:
To vacate certain Easements, within Lot 1, Block 2, Eaglecross
Subdivision, according to the recorded plat thereof, filed for record April
29, 1987, in Book 2344, at Page 868, as Reception No. 832277 in the
records of the Pueblo County Clerk and Recorder, located within a portion
of the S 124 of Section 12, Township 20 South, Range 65 West of the
Sixth Principal Meridian, being more particularly described as follows:
All of the 24 foot wide Utility Easement, within said Lot 1, Block 2,
Eaglecross Subdivision, being the east 24' of said Lot 1.
AND
That portion of the 20 foot wide Drainage Easement being 20 feet south of
and parallel to the north line of said Lot 1, Block 2, Eaglecross
Subdivision, being more particularly described as follows:
The south 7 feet of the east 9 feet of the west 65 feet of the said 20 foot
wide Drainage Easement within Lot 1, Block 2, Eaglecross Subdivision.
are 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.
I •
1996679 ORD 02/17/2015 02:42:36 PM
Page: 2 of 2 R 16.00 D 0.00 T 16.00
Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
SECTION 3. III Irk Rgd IF4t`,IV(4I� ,iGlu®4ii' `hgit' IaI III
This Ordinance shall 'become effective immediately upon final passage and
approval.
INTRODUCED: JUNE 9, 2014
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4 �� `: s''* ,, BY: And Nawrocki
,
COUNCIL PERSON
d/(61/(APPROVED:
PR ENT OF CITY ,I• NCIL
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ATTESTED BY
Y CLERK
PASSED AND APPROVED: June 23, 2014
City Clerk’s Office Item # R-8
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE:
June 9, 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 CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS LOCATED WITHIN LOTS 1 AND 2, BLOCK 2,
EAGLECROSS SUBDIVISION, MORE COMMONLY KNOWN AS 670
EAGLERIDGE BOULEVARD
SUMMARY:
The applicant is requesting to vacate certain public utility and drainage easements
located within Lots 1 and 2, Block 2, Eaglecross Subdivision.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The applicant is requesting to vacate two (2) portions of a drainage easement and a
portion of the utility easement located within Lots 1 and 2, Block 2, Eaglecross
Subdivision because an existing sign and a portion of the two-story hotel encroach into
the existing easements. The easements were platted with the Eaglecross Subdivision
in 1987. The hotel was constructed across the lot line and easements. To bring the
property into compliance with current regulations these utility easements must be
vacated. The lots currently functions as one parcel; therefore, the easements are no
longer necessary for the development. In addition, the existing sign along Eagleridge is
located within the drainage easement. This easement is currently used for drainage
purposes, but the sign will not impede the usage of the easement.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their April 9, 2014 Regular Meeting, voted 6-0
to recommend approval with Commissioner Burrer 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 Cardinal Point Surveying who testified in favor of the application.
ALTERNATIVES:
Structures on the subject property presently do not conform to the City’s Zoning
requirements due to the fact that they are constructed over these unnecessary
easements. Denial of the vacation would negatively affect the property owners’ ability
to refinance the property.
Upon request of City Council, the Ordinance could be returned to the Planning and
Zoning Commission for consideration of proposed modifications.
RECOMMENDATION:
Approval of the Ordinance.
Attachments: Minutes of the Planning and Zoning Commission April 9, 2014
Public Hearing
Memorandum from the Department of Public Works Dated May 22,
2014
Planning and Zoning Commission Staff Report with Exhibits