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HomeMy WebLinkAbout09262Reception # 2146297 07/23/2019 09:33:05 AM ORDINANCE NO. 9262 AN ORDINANCE VACATING A PUBLIC UTILITY AND DRAINAGE EASEMENT AND AN INGRESS/EGRESS EASEMENT WITHIN THE AMIN-SANTA FE SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following easements: To vacate certain easements within Lots 1, and 2, Amin - Santa Fe Subdivision, according to the recorded plat thereof, filed for record August 14, 2007, as Reception No. 1737924 in the records of the Pueblo County Clerk and Recorder, located within a portion of the W 1/2 of Section 3t Township 20 South, Range 64 West of the Sixth Principal Meridian, being more particularly described as follows: All of the 10 foot wide Public Utility and Drainage Easement being the southerly 10 feet of said Lots 1 and 2, Amin - Santa Fe Subdivision. Said Vacated Drainage Easement contains 5486± s.f. AND All of the 24 foot wide Drainage Easement and Public Utility Easement adjacent to the common lot line of said Lots 1 and 2, Amin - Santa Fe Subdivision, being the southeasterly 10 feet of said Lot 1 and the northwesterly 10 feet of said Lot 2. Said Vacated Drainage Easement and Public Utility Easement contains 6379± s.f. AND All of the 20 foot wide Drainage within said Lots 1 and 2, Amin - Santa Fe Subdivision. Said Vacated Drainage Easement contains 10,642± s.f. is hereby vacated. SECTION 2. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance to implement the policies and procedures described herein. 2146297 07/23/2019 09:33:05 AM Page: 2 of 2 R 18.00 D 0.00 T 18.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co SECTION 3. VIII 1�1�111�R'.I�'J��'t�r:I ha.'ILI,11.111P101.15111111illyi 11111 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or within any extended period granted by Ordinance of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the applicant.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. INTRODUCED: Arid 9 .18 BY: 'd : own f '' 20-fr41X1rOr-1100' NCIL APPROVED: P !DENT OF CITY COUNCIL 4-7 1 � ATTESTED BY:``? VA)VYvt. 'ACTING CITY CLERK PASSED AND APPROVED: April 23, 2018 City Clerk’s Office Item # R-5 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: April 9, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT:AN ORDINANCE VACATING A PUBLIC UTILITY AND DRAINAGE EASEMENT AND AN INGRESS/EGRESS EASEMENT WITHIN THE AMIN-SANTA FE SUBDIVISION SUMMARY: The applicant is requesting to vacate a ten (10) foot wide public utility and drainage easement; a twenty (20) foot wide drainage easement; and a twenty-four (24) foot wide ingress egress and public utility easement. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The applicant is requesting a vacation of the ten (10) foot wide public utility & drainage easement; the twenty (20) foot wide drainage easement; and the twenty-four (24) foot wide ingress egress and public utility easement. There are no utilities within the three utility easements. The vacation of the twenty (20) foot wide drainage easement will allow re-alignment of public storm sewer and easement outside of proposed building improvements. The vacation is necessary to accommodate the placement of the proposed hotel building. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their March 14, 2018 Regular Meeting, voted 7-0 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 current subdivision would remain and would impede the applicant’s ability to develop the property. 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 March 14, 2018 Public Hearing Memorandum from the Department of Public Works Dated March 28, 2017 Planning and Zoning Commission Staff Report with Exhibits