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HomeMy WebLinkAbout08887Reception 2012461 08/06/2015 11:37:57 AM ORDINANCE NO. 8887 AN ORDINANCE VACATING CERTAIN SANITARY SEWER, UTILITY, AND RIGHT-OF-WAY EASEMENTS LOCATED WITHIN BLOCK 9, OAKSHIRE HILLS SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following easements: All of the 10' Sanitary Sewer Easement in Lot 2, Block 9 and all of the 10' Sanitary Sewer Easement in Lot 3, Block 9 both being in Oakshire Hills according to the recorded plat thereof as filed for record at Reception No. 1351049 in the Pueblo County Records. and All of the 20' Sanitary Sewer and Utility Easement along the southerly lot lines of Lots 3 and 4, Block 9, and Parcel D, excepting therefrom the westerly 20 feet of said Easement, all being in Oakshire Hills according to the recorded plat thereof as filed for record at Reception No. 1351049 in the Pueblo County Records. STREET VACATION DESCRIPTION: All of Crocus Place located in Oakshire Hills according to the recorded plat thereof as filed for record at Reception No. 1351049 in the Pueblo County Records. 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. 2012461 ORD 08/06/2015 11:37:57 AM Page: 2 of 2 R 16.00 D 0.00 T 16.00 Gilbert Ortiz C1erkJRecorder; Pueblo County, Co SECTION 4. III RIPI l ik1iaIiitlidl:IiigilIINIii hIf Aliiiiii, NI III This Ordinance shall become effective immediately upon final passage and approval. 04,44�$LO'°°to• y INTRODUCED: JUNE 22, 2015 /144 % i ,1 G U Chris Nicoll \ A///1 BY: ♦,potty rryc rtwo• C• � ��,•A•� iiiii '1iial1�l 1lllil'� ��° APPROVE, �R PRES i 1 •F CITY COUNCIL ATTESTED BY: . ....-'"---.40,-- ....1._:-_-__!ak_. 4aITY CLERK PASSED AND APPROVED: July 13, 2015 City Clerk’s Office Item # R-2 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: June 22, 2015 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 SANITARY SEWER, UTILITY, AND RIGHT-OF-WAY EASEMENTS LOCATED WITHIN BLOCK 9, OAKSHIRE HILLS SUBDIVISION SUMMARY: The applicant is requesting to vacate Crocus Place right-of-way and all easements located within Block 9, Oakshire Hills Subdivision. PREVIOUS COUNCIL ACTION: Ordinance 8815 was passed and approved on December 22, 2014. This Ordinance changed the zoning of the subject property from R-4, Mixed Residential District to R-5, Multiple-Residential and Office District. S-15-04 – Oakshire Hills Filing No. 3 Subdivision is being heard concurrently with this vacation request. BACKGROUND: The applicant is requesting to vacate a 10’ sanitary sewer easement, a 20’ sanitary sewer and utility easement, and Crocus Place, located within Oakshire Hills Subdivision. The applicant is also proposing to subdivide the property into to a single lot to facilitate new construction; therefore, these easements and Crocus Place 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 4-0 with Commissioners Kaufman, Latka, and Lucas being absent, to recommend approval with the condition that the vacation shall be null and void if the subdivision is not recorded. 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 easements would remain in place. 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 Memorandum from the Department of Public Works Dated June 4, 2015 Planning and Zoning Commission Staff Report with Exhibits