HomeMy WebLinkAbout13554Reception: 2057203
12/22/2016 10:23:59 AM
RESOLUTION NO. 13554
A RESOLUTION VACATING ALL OF THE DRAINAGE
EASEMENTS LOCATED WITHIN LOTS 1 AND 2, BOWEN'S
SUBDIVISION
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following easement:
All of the Drainage Easement within Lots 1 and 2, Bowen's Subdivision, according
to the recorded plat thereof, filed for record June 25, 2014 at Reception No.
1978213 in the records of the Pueblo County Clerk and Recorder.
Said vacated Drainage Easement contains 0.26± acres (11266± s.f.)
is hereby vacated.
SECTION 2.
The following easements:
The Drainage Easement to be dedicated is to be known as Easement "A", described as follows:
A Drainage Easement being within a portion of Lots 1 and 2, Bowen's Subdivision,
according to the recorded plat thereof, filed for record June 25, 2014 at Reception
No. 1978213 in the records of the Pueblo County Clerk and Recorder, being more
particularly described as follows:
COMMENCING at the NE corner of said Lot 1; thence S 00°00'00"E along the
east line of said Lot 1, a distance of 36.62 feet to the POINT OF BEGINNING;
thence S 00°00'00"E along said east line of Lot 1, a distance of 24.00 feet; thence
S 89°50'42"W and parallel to the north line of said Lot 1, a distance of 110.56 feet;
thence N 44°37'00"W, a distance of 30.66 feet; thence S 89°50'42"W, and parallel
with said north line Lot 1, and the north line of said Lot 2, a distance of 480.80 feet
to a point on the west line of said Lot 2; thence N 00°17'26"W, along said west
line of Lot 2, a distance of 22.00 feet; thence N 89°50'42"E and parallel with the
said north line of Lots 1 and 2, a distance of 496.89 feet; thence S 55°07'55"E, a
distance of 34.64 feet; thence N 89°50'42"E, and parallel with the said north line
of Lot 1, a distance of 87.69 feet to the POINT OF BEGINNING.
Easement "A" contains 0.32± acres (14114± s.f.)
COMMENCING at the SE corner of said Lot 1; thence N 00°00'00"W, along the
east line of said Lot 1, a distance of 100.38 feet to the POINT OF BEGINNING;
thence S 89°50'42'W and parallel with the north line of said Lot 1, a distance of
71.13 feet; thence MI
S 42°54'50"W, a distance of 13.09 feet; thence S 00°00'00"E and parallel with the
ail
said east line of Lot 1, a distance of 27.10 feet; thence S 89°50'42'W and parallel —11
with the said north line of Lot 1, a distance of 16.50 feet; thence S 00°00'00"E and
parallel with the said east line of Lot 1, a distance of 63.70 feet to a point on the "t
south line of said Lot 1; thence S 89°51'11"W, along said south line of Lot 1, a my
distance of 15.46 feet' thence N 00°00'00"W and parallel with the said east line of a�o
Lot 1, a distance of 130.37 feet; thence N 89°50'42"E and parallel with the said ��
north line of Lot 1, a distance of 112.00 feet to a point on the said east line of Lot Nm
1; thence S 00°00'00"E, along said east line of Lot 1, a distance of 30.00 feet to m ma
the POINT OF BEGINNING.
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N m u f
Easement "B" contains 0.13± acres (5559± s.f.) Nab
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are hereby dedicated.
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SECTION 3. ro Ot
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution to effectuate the policies and procedures described
N1 •
herein.
SECTION 4.
This Resolution shall be approved but shall not become effective until the final vacation
plat is recorded in the office of the Pueblo County Clerk and Recorder. If the vacation plat is not
recorded within one (1) year after of this Resolution, or within any extended period granted by
Resolution of the City Council, this Resolution shall automatically be rescinded and repealed thirty
(30) days after written notice of such rescission and repeal is given to the applicant. No vested
rights shall accrue to t =- ion or be acquired until this Resolution becomes effective.
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YC INTRODUCED: November 14, 2016
'VIMkg' BY: Ed
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CIL PERS►
• ap APPROV 6. �.
''Porta,1"01 PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-15
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE:
November 14, 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: A RESOLUTION VACATING ALL OF THE DRAINAGE EASEMENTS WITHIN
LOTS 1 AND 2, BOWEN’S SUBDIVISION
SUMMARY:
The applicant is requesting to vacate all of the drainage easements within Lots 1 and 2, Bowen’s
Subdivision
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The applicant is requesting to vacate all of the drainage easements located within Lots 1 and 2,
Bowen’s Subdivision for the purpose of redesigning the existing drainage and detention facilities.
The purpose of the easement vacation is so the applicant can relocate and redesign the drainage
and detention facilities to better accommodate development on the property.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their June 8, 2016 Regular Meeting, voted 6-0 (Latka
absent) to recommend approval with the following conditions:
1. Revise the “purpose statement” of Drainage Easement “A” to something similar to
the following:
“Purpose: To redesign the drainage facilities for the drainage easement dedicated to
the public for perpetual use.”
2. Revise the “purpose statement” of Detention Pond Easement “B” to something similar
to the following:
“Purpose: To redesign the detention facilities for Bowen’s Subdivision.”
(Reword these statements as you find appropriate. These comments are also shown
on the attached dwf.)
3. Change the narrative to express that the intent is to redesign and relocate the drainage
and detention facilities.
Conditions of approval have been complied with by the applicant.
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 Resolution, the street would remain in its current
configuration.
Upon request of City Council, the Resolution could be returned to the Planning and Zoning
Commission for consideration of proposed modifications.
RECOMMENDATION:
Approval of the Resolution.
Attachments: Minutes of the Planning and Zoning Commission June 8, 2016 Public
Hearing
Memorandum from the Department of Public Works Dated October 21,
2016
Planning and Zoning Commission Staff Report with Exhibits