HomeMy WebLinkAbout09167Reception 2082838
09/20/2017
ORDINANCE NO. 9167
MO
AN ORDINANCE VACATING A PUBLIC UTILITY -
EASEMENT BETWEEN LOTS 10 AND 11, BLOCK 2, WEST o
LEE HILLS FILING NO. 1 ".
T
®o__
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: a00 ,ii
•°i
ir) o lr
SECTION 1. N® ab
Gr.
The following easement:
N 6i U
•w
6)M a.
All of the 10 foot wide Public Utility Easement lying between lot 10 and Lot N"Y-n
11, Block 2 of West Lee Hills Filing No. 1, according to the recorded Plat s
ar
thereof filed for record April 22, 2005 under Reception No. 1616742 of the I N
O r-
Pueblo County Records, County of Pueblo, State of Colorado. o
(NIa)v
is hereby vacated. 00 °'~_
N0
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automatically be rescinded and repealed thirty (30) days after written notice of such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.
0 -.?<f. le ,''').c
INTRODUCED: August 28, 2017
N \ j% k /( c \
zs ,\ //' A ' BY: Ed Bro
r,
u :
C. L P - .
=11)
\o APPROVED.
°, czxt..s, ' PRESIDENT OF CITY • ' , -
f
ATTESTED BY:
ITY CLERK
PASSED AND APPROVED: September 11, 2017
City Clerk’s Office Item # R-2
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
August 28, 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 PUBLIC UTILITY EASEMENT BETWEEN
LOTS 10 AND 11, BLOCK 2, WEST LEE HILLS FILING NO. 1
SUMMARY:
The applicant is requesting to vacate a public utility easement, located along the common
lot line between Lots 10 and 11, Block 2, West Lee Hills Filing No. 1.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The applicant is requesting to vacate the existing public utility easement between Lots 10
and 11, Block 2, West Lee Hills Subdivision. In 2005, the plat of West Lee Hills Filing 1
was recorded providing a public utility easement five (5) feet wide on both lots. The
applicant is seeking approval to vacate this easement and vacate the lot line splitting the
two lots to build a home on the two lots. The applicant has provided approval letters from
Black Hills Energy and Xcel Energy. City staff has verified with the City utilities and the
Board of Water Works that the vacation is acceptable.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their August 9, 2017 Regular Meeting, voted 5-
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 August 9, 2017
Public Hearing
Memorandum from the Department of Public Works Dated August
14, 2017
Planning and Zoning Commission Staff Report with Exhibits