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Home My WebLink About09404Reception 2159273 11/15/2019 09:06:31 AM ORDINANCE NO. 9404 AN ORDINANCE VACATING MULTIPLE STREETS AND ALLEYS LOCATED IN A PORTION OF THE FOUNTAIN LAKE SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. All of the streets and alleys located within the following described boundary: Basis of Bearings is the east line of the Northeast one-quarter of Section 8, monumented on the north with a 2 '/2" aluminum cap stamped with P.L.S. No. 16128 and monumented on the south with a found axle with no marks, to bear N. 01°25'55" E. and all bearings being relative thereto. Beginning at the southeast corner of the Northwest one-quarter of said Section 8; thence S. 88°03'11" W. Along south line of the northeast one- quarter of said Section 8 and the north boundary line of Walking Stick Vista, Filing No. 1 according to the recorded plat thereof filed for record on April 15, 2008 at Reception No. 1765211 in the records of Pueblo County Recorder, a distance of 2,660.32 feet to the east quarter corner of said Section 7 and the northwest corner of said Walking Stick Vista, Filing No. 1; thence S. 89°30'31" W. Along south line of the northeast one-quarter of said Section 7, a distance of 1,315.80 feet; thence N. 01°07'27" W., a distance of 529.76 feet; thence N. 88°52'33" E., a distance of 571.55 feet; thence N. 01°0T27" W., a distance of 137.76 feet; thence N. 88°52'33" E., a distance of 420.11 feet; thence N. 01°07'27"W., a distance of 676.08 feet; thence N. 88°52'33" E., a distance of 439.65 feet; thence N. 01°07'27" W., a distance of 338.04 feet; thence N. 88°52'33" E., a distance of 840.22 feet; thence N. 01°07'27" W., a distance of 200.28 feet; thence N. 88°52'33" E., a distance of 420.11 feet; thence N. 01°07'27"W., a distance of 338.04 feet; thence N. 88°52'33" E., a distance of 962.34 feet; thence S. 01°07'27" E., a distance of 200.29 feet; thence N. 88°52'33" E., a distance of 116.33 feet; thence N. 01°07'27" W., a distance of 338.04 feet; thence N. 88°52'33" E., a distance of 319.18 feet to the east line of the northwest one-quarter of said Section 8; thence S. 01°39'56" W., along the said east line of the northwest quarter of Section 8, a distance of 2,336.81 to the southeast corner of the said northwest one-quarter of Section 8 and the Point of Beginning. attached hereto, are hereby vacated. 2159273 11/15/2019 09:06:31 AM Page: 2 of 2 R 18.00 D 0.00 T 18.00 Gilbert Ortiz Clerk/Recorder. Pueblo County, Co ■III�!�1R?�:«titiI��tiL Ykli',«�L�#ir«R1�'L�f'.i'i1IIII 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. The vacation is approved with the following condition: 1. This vacation is not valid until the North Vista Highlands, Filing No. 1 Subdivision is recorded, and must be recorded immediately before the North Vista Highlands, Filing No. 1 Subdivision. SECTION 4. This Ordinance shall be approved but shall not become effective until (a) the specific conditions set forth in the above section 3 have been satisfied; and (b) 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. � $p �� \, INTRODUCED: January 14, 2019 '?,,, BY: Ed Brown / : /, ME ,:E- e CITY COUNCIL 0tJflCw v.wr ruoe APPROVED: -i''/(, N, PRESID NT OF CITY COUNCIL ATTESTED B : r , -.11.i ACTING CITY CLERK PASSED AND APPROVED: January 28, 2019 City Clerk’s Office Item # R-6 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: January 14, 2019 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 MULTIPLE STREETS AND ALLEYS LOCATED IN A PORTION OF THE FOUNTAIN LAKE SUBDIVISION SUMMARY: The applicant is requesting to vacate multiple streets and alleys located in a portion of the Fountain Lake Subdivision. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The applicant is requesting to vacate streets and alleys located at the southeast corner of Fountain Lake Subdivision, as shown on the attached vacation plat. The area of the vacation includes approximately 54 acres of streets and alleys to be vacated. The vacation of the streets and alleys will allow the applicant to utilize the vacated streets and alleys for private use and future development. This application has been submitted concurrently with North Vista Highlands, Filing No. 1 Subdivision plat, which is dependent upon the approval of this streets and alleys vacation Ordinance. The application for the streets and alleys vacation was sent to the Public Works Department, Transportation Department and the utility companies for their response and comment. At this time, only Board of Water Works, City Wastewater, City Stormwater and the City Public Works Department have replied that they do not have any comments and do not oppose the proposed vacation. In addition, there are no utilities located within any portions of the streets and alleys to be vacated. FINANCIAL IMPLICATIONS: There are no financial implications for the City as these streets and alleys were not constructed or maintained by the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their December 12, 2018 Regular Meeting, voted 6-0 (Lujan-Slak absent) to recommend approval with the following conditions of approval: 1. Revise the streets Fountaine Avenue, Mounte Vita Avenue, and Pikes Peak Avenue. Correct the spelling and the placement according to the Fountain Lake Subdivision plat. 2. Correct the scale of the drawing. 3. Show Blocks 11, 12, 30, 32, 48, 60 & 92 as platted in the Fountain Lake Subdivision Plat. 4. The proposed vacation will not be valid until the associated North Vista Highlands, Filing No. 1 is recorded. The vacation will not be scheduled for City Council until the associated subdivision is also scheduled. Conditions 1. through 3. have been completed by the applicant prior to scheduling the vacation for City Council. Condition 4. requires that the vacation is not valid until the North Vista Highlands, Filing No. 1 Subdivision is recorded. 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 streets and alleys 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 December 12, 2018 Public Hearing Memorandum from the Department of Public Works Dated January 2, 2019 Planning and Zoning Commission Staff Report with Exhibits