HomeMy WebLinkAbout08865Reception 20144203
08/26/2015 09:43:36 AM
ORDINANCE NO. 8865
AN ORDINANCE VACATING CERTAIN
INGRESS/EGRESS, UTILITY, DRAINAGE, PEDESTRIAN, aa
AND SIDEWALK EASEMENTS LOCATED WITHIN LOTS 1 ti
THROUGH 4, VAUGHN'S SUBDIVISION "_
mY BEG Cga
E IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
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SECTION 1.
The following easements:
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To vacate certain Easements, within Lots 1 through 4, Vaughn's N~Y--m_
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Subdivision, according to the recorded plat thereof, filed for record June 2, m
1995, in Book 2807, at Page 616 in the records of the Pueblo County o".N
Clerk and Recorder, located within a portion of the Southwest 1/4 of
Section 14, Township 21 South, Range 65 West of the Sixth Principal N•L
Meridian, being more particularly described as follows: Na
All of the 25 foot Ingress/Egress, Utility and Drainage Easement, within
said Lots 1 through 3, Vaughn's Subdivision, being the north 25' of said
Lots 1 through 3 and the east 25' of the north 127' of Lot 3.
AND
All of the 24 foot Ingress/Egress Easement, within said Lots 1 through 3,
Vaughn's Subdivision, being the north 24' of the south 42' of said Lots 1
through 3 and the east 12' of the south 120' of said Lot 2 and the west 12'
of the south 120' of said Lot 3.
AND
All of the 10 foot Utility Easement, within said Lot 3, Vaughn's Subdivision,
being the east 10' of said
Lot 3.
AND
All of the 5 foot Pedestrian Easement, within said Lots 1 through 4,
Vaughn's Subdivision, being the south 5' of said Lots 1 through 4.
AND
All of the Drainage Easement, within said Lot 4, Vaughn's Subdivision,
being the north 110' of said Lot 4.
AND
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All of the 3 foot Sidewalk Easement, within Lot 1, Vaughn's Subdivision,
recorded November 13, 2009 at Reception No. 1824558, in the records of
the Pueblo County Clerk and Recorder, being the west 3' of said Lot 1
are hereby vacated.
SECTION 2.
The easement vacations are approved with the condition that they shall be null
and void if the subdivision is not recorded.
SECTION 3.
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.
SECTION 4.
This Ordinance shall become effective immediately upon final passage and
approval. co
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gyp' INTRODUCED: APRIL 27, 2015
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10. IBY: Dennis Flores
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e0 L PE 44.N
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` 4 1:17 APPROVE►.r-N
, p° PRESIDENT OF CITY COUNCIL
ATTESTED BY:
St,ITY CLERK
PASSED AND APPROVED: May 11, 2015
City Clerk’s Office Item # R-3
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
April 27, 2014
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT:AN ORDINANCE VACATING CERTAIN INGRESS/EGRESS, UTILITY,
DRAINAGE, PEDESTRIAN, AND SIDEWALK EASEMENTS LOCATED
WITHIN LOTS 1 THROUGH 4, VAUGHN’S SUBDIVISION
SUMMARY:
The applicant is requesting to vacate easements located within Lots 1 through 4,
Vaughn’s Subdivision.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The applicant is requesting to vacate a 25’ ingress/egress, utility and drainage
easement, a 24’ ingress/egress easement, a 10’ utility easement, a drainage detention
easement, a 5’ pedestrian easement and a 3’ sidewalk easement, located within Lots 1
through 4, Vaughn’s Subdivision. This request facilitates the proposed construction of a
grocery store and fuel station. Except for the sidewalk easement, the easements were
dedicated with the Subdivision, in 1995. A separate sidewalk easement was dedicated
to the City in 2009. These easements will no longer be necessary with the new
subdivision.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their April 8, 2015 Regular Meeting, voted 3-
1-0 to recommend approval with conditions with Commissioner Seybold dissenting and
Commissioners Kaufman, Latka, and Lucas being absent. A minimum of four
affirmative votes is required for a recommendation of approval to be provided to City
Council; therefore, the Motion to recommend approval failed.
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.
ALTERNATIVES:
If City Council does not approve this Ordinance, the current zoning would remain.
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 8, 2015
Public Hearing
Planning and Zoning Commission Staff Report with Exhibits