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HomeMy WebLinkAbout08977Reception 2036526 05/11/2016 ORDINANCE NO. 8977 — ---- AN ORDINANCE VACATING A PORTION OF A SANITARY SEWER EASEMENT LOCATED WITHIN LOT 9, BLOCK 3, WESTROADS SUBDIVISION, 1ST FILING o: U seeT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: LOU O NF SECTION 1.ma The following easement: N m 0 DESCRIPTION: A portion of the 20 foot wide Sanitary Sewer Easement ,"--NN within Lot 9 , Block 3, Westroads Subdivision, First Filing, according to the G ;j -.p recorded plat thereof, filed for record June 27, 1985, in Book 2247, at Pages no: N QZ 0 4- 636 and 637, as Reception No.776202 in the records of the Pueblo County 00 Clerk and Recorder, located within a portion of the S 1/2 of the NW 1/4 of L Section 14, Township 20 South, Range 65 West of the Sixth Principal Nay Meridian, being more particularly described as follows: FE BEGINNING at the SE corner of the said 20 foot wide Sanitary Sewer Easement; thence N 89°58'57"W (bearings based on the recorded plat of Westroads Subdivision, filed for record June 27, 1985, in Book 2247, at Pages 636 and 637, as Reception No.776202 in the records of the Pueblo County Clerk and Recorder) along the south line of said Lot 9, a distance of 7.60 feet; thence N 00002'57"W and parallel to the west line of said Lot 9, a distance of 95.66 feet; thence S 89°58'57"E and parallel to the north line of said Lot 9, a distance of 27.60 feet to a point on the easterly line of the said 20 foot wide Sanitary Sewer Easement; thence along said easterly line, the following (3) courses: 1.) S 00°25'57"E and parallel to the said west line of Lot 9, a distance of 5.66 feet; 2.) N 89°58'57"W and parallel to the said north line of Lot 9, a distance of 20.00 feet; 3. S 00°02'57"E and parallel to the said west line of Lot 9, a distance of 89.99 feet to the POINT OF BEGINNING. Said vacated Sanitary Sewer Easement contains 247± square feet. is hereby vacated 2 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. SECTION 3. This Ordinance shall become effective immediately upon final passage and approval. -- 0 INTRODUCED: February 22, 2016 T BY: O ATTESTED BY: V v1 CLERK PASSED AND APPROVED: March 14. 2016 City Clerk's Office Item # R-2 COUNCIL MEETING DATE: February 22, 2016 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 A PORTION OF A SANITARY SEWER EASEMENT LOCATED WITHIN LOT 9, BLOCK 3, WESTROADS SUBDIVISION, 1ST FILING SUMMARY: The applicant is requesting to vacate a portion of a sanitary sewer easements within Lot 9, Block 3, Westroads Subdivision, 1st Filing. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The applicant is requesting to vacate a portion of a 20 foot wide sanitary sewer easements, which straddles the lot line between Lots 8 & 9, Block 3, Westroads Subdivision, 1st Filing. An existing 2 -story apartment complex and covered porches encroach into the existing easement. The vacation will alleviate the encroachment. The Wastewater Department has no issues with the vacation of the easement. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their January 13, 2016 Regular Meeting, voted 6-0 (Latka absent) to recommend approval. 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 easement would remain in its current configuration. 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 January 13, 2016 Public Hearing Planning and Zoning Commission Staff Report with Exhibits