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06/08/2020 11:49:33 AM
ORDINANCE NO. 9333
AN ORDINANCE VACATING A UTILITY EASEMENT
WITHIN THE BELMONT VILLA SUBDIVISION, FILING NO.
1
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following easement:
A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 19, TOWNSHIP 20 SOUTH, RANGE 64 WEST,
OF THE 6TH PRINCIPAL MERIDIAN, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A 10 FOOT WIDE UTILITY EASEMENT BEING 5 FOOT ON EACH SIDE
OF THE LOT LINE BETWEEN LOTS 16 & 17, BLOCK 141, BELMONT
VILLA FILING NO. 1, AS RECORDED IN BOOK 2037 AT PAGE 819,
EXCEPT FOR THE WESTERLY 5 FEET THEREOF
CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO, AS
RECORDED UNDER BOOK 2037, PAGE 819 OF THE RECORDS OF
PUEBLO COUNTY.
CONTAINING A CALCULATED AREA OF 2,744 SQ. FEET, OR 0.06
ACRES.
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.
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automatically be rescinded and repealed thirty (30) days after written notice of such
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rescission and repeal is given to the applicant. No vested rights shall accrue to the
subdivision _.tie acquired until this Ordinance becomes effective.
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INTRODUCED: AUGUST 13, 2018
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oki/C:!% �,�; ° BY: Ed Brown
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ATTESTED BY: ` C IAA-4.
ACTING CITY CLRK
PASSED AND APPROVED: August 27, 2018
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Page: 2 of 2 R 18.00 D 0.00 T 18.00
Gilbert Ortiz Clerk/Recorder. Pueblo County, Co
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City Clerk’s Office Item # R-8
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
August 13, 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 UTILITY EASEMENT WITHIN THE BELMONT
VILLA SUBDIVISION, FILING NO. 1
SUMMARY:
The applicant is requesting to vacate a 10’ (10 foot) wide utility easement, located between Lots
16 & 17, Block 141, Belmont Villa Subdivision, Filing No. 1
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The applicant is requesting a vacation of the 10’ (10 foot) wide utility easement along the property
line between Lots 16 & 17, Block 141, Belmont Villa, Filing No. 1. The vacation of the easement
accompanies a lot line rearrangement to create 1 parcel from Lots 16 & 17, and a rezoning, which
will change the zoning of the property from R-2 to R-5, Multiple-Residential and Office District.
The vacation of the utility easement is necessary to accommodate the placement of the proposed
multi-family development.
The application for utility easement vacation was sent to the utility companies for their response
and comment. There are no responses from the referral agencies in opposition to the proposed
vacation. There are no utilities located within this easement.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their July 11, 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 easement 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 July 11, 2018 Public
Hearing
Memorandum from the Department of Public Works Dated August 7, 2018
Planning and Zoning Commission Staff Report with Exhibits