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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or within any extended period granted by Ordinance of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the applicant.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