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HomeMy WebLinkAbout09092Reception 2099571 03/15/2018 ORDINANCE NO. 9092 AN ORDINANCE VACATING A PORTION OF A DRAINAGE — EASEMENT WITHIN A PORTION OF LOT 1, BLAZER NE SUBDIVISION, SECOND FILING 41 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: °- SECTION 1. m 4 2 U ! The following easement: ate-x v N ' A portion of the Drainage Easement located within a portion of Lot 1, of Blazer pm Subdivision Second Filing recorded on July 15, 1995 at Reception No. 1083650 in o the records of the Pueblo County Clerk and Recorder, County of Pueblo, State of coo.y Colorado. And being particularly described as follows: RI-IL Beginning at a point being the Northeast corner of said Drainage Easement: c`a, Thence S 00° 18' 01" E along East line of said Drainage Easement a distance of '"N 201.18 Feet to the Southeast corner of said Easement: Thence S 89° 41' 21" W c,-, gk along the South line of said Drainage Easement a distance of 80.00 Feet to the 0 ti Southwest corner of said Easement: Thence N 00° 09' 54"W along the West line m v of said Drainage Easement a distance of 181.43 Feet; Thence N 45° 13' 57" W a NRCI c distance of 14.13 Feet; Thence N 00° 18' 01"W a distance of 10.00 Feet more or less to the North Line of said Lot 1; Thence N 89° 41' 59" E along the North line of said Lot 1 a distance of 89.55 Feet To the Point of Beginning. is 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. SECTION 3. This Ordinance 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 Ordinance, or within any extended period granted by Ordinance of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the applicant.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 the subdivision or be acquired until this Ordinance becomes effective. /4 g LQ,jp- 0, 4 ' l °.4 INTRODUCED: January 23, 2017 v. cr 2141141 BY: Ed Brown ' Oa COU► ' 'ERS I ' ~ j APPROVED. tet_ 00 --,-w-- - t • - - - , •F CITY COU N L ATTESTED BY: :._— __ ! t_,, A. "A CITY CLERK PASSED AND APPROVED: February 13. 2017 City Clerk’s Office Item # R-5 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: January 23, 2017 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 DRAINAGE EASEMENT WITHIN A PORTION OF LOT 1, BLAZER SUBDIVISION, SECOND FILING SUMMARY: The applicant is requesting to vacate a portion of the drainage easement, located within a portion of Lot 1, Blazer Subdivision, Second Filing. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The applicant is requesting to vacate a portion of the existing drainage easement, located at the east side of Lot 1, Blazer Subdivision, Filing No. 2. In 2005 the plat of Blazer Subdivision, Filing No. 2 was recorded, providing a drainage easement for a detention pond. The applicant is seeking approval to vacate this easement to build a 5,200-square foot addition to the east end of the existing building. The applicant will be required to relocate the detention pond to a smaller footprint, which will require a smaller drainage easement. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their December 14, 2016 Regular Meeting, voted 5-0 (Latka and Castellucci absent) to recommend approval with the following condition of approval: 1. The proposed drainage/detention easement (including exhibits of easement boundaries) must be submitted and approved prior to scheduling the vacation plat for City Council. The condition of approval has 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 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 December 14, 2016 Public Hearing Memorandum from the Department of Public Works Dated January 11, 2017 Planning and Zoning Commission Staff Report with Exhibits