HomeMy WebLinkAbout09410Reception 2135297
04/05/2019 11 :45:11 AM
ORDINANCE NO. 9410
AN ORDINANCE VACATING MECHANIC STREET,
NORTHEAST OF RICHMOND STREET
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following street:
A PARCEL OF LAND LOCATED IN THE EAST ONE-HALF OF SECTION
36, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH P.M., CITY
OF PUEBLO, COUNTY OF PUEBLO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHERLY MOST CORNER OF LOT 4 OF PUEBLO
CENTER SUBDIVISION FILING NO. 3 ACCORDING TO THE OFFICIAL
MAP THEREOF RECORDED MARCH 6, 1995 IN THE OFFICE OF THE
PUEBLO COUNTY CLERK AND RECORDER AT RECEPTION NO.
1073035;
THENCE NORTHEASTERLY, ALONG A LINE COMMON TO THE SAID
PUEBLO CENTER SUBDIVISION FILING NO. 3 AND THE RIGHT-OF-
WAY OF MECHANIC STREET, A DISTANCE OF 295.00 FEET;
THENCE SOUTHEASTERLY, PERPENDICULAR TO SAID RIGHT-OF-
WAY, A DISTANCE OF 40.00 FEET TO THE CENTERLINE OF SAID
MECHANIC STREET;
THENCE SOUTHWESTERLY, ALONG THE CENTERLINE OF SAID
MECHANIC STREET, A DISTANCE OF 295.00 FEET TO THE
NORTHEASTERLY LINE OF HISTORIC ARKANSAS RIVER PROJECT
FILING NO. 3 ACCORDING TO THE OFFICIAL MAP THEREOF FILED IN
THE OFFICE OF THE PUEBLO COUNTY CLERK AND RECORDER AT
RECEPTION NO. 1954165;
THENCE NORTHWESTERLY, ALONG SAID NORTHEASTERLY LINE, A
DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIPTION CONTAINS A CALCULATED AREA OF
11,800 SQUARE FEET OR (0.27089 ACRES), MORE OR LESS.
attached hereto, is hereby vacated.
2135297 04/05/2019 11:45:11 AM
Page: 2 of 3 R 23.00 D 0.00 T 23.00
Gilbert Crtiz Clerk/Recorder, Pueblo County; Co
1111 FAN M(�h�'RIJ�Q RC1'i d�Y�' 11111
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. The vacation is not valid until a drainage easement and sanitary sewer easement
are executed, approved as to form by the City Attorney and a Resolution is
approved by City Council accepting the easements.
SECTION 4.
This Ordinance shall be approved upon final action by the Mayor and City Council
but shall not become effective until (a)the specific conditions set forth in the above section
3 have been satisfied; (b) all information, documents, drawings, profiles, and plat required
by Chapter 4 of Title XII of the Pueblo Municipal Code meeting and complying with the
subdivision requirements of the City with such modifications, if any, approved by City
Council, have been filed with and approved by the director of Public Works, and (c) 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.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on January 28, 2019 .
Final adoption of Ordinance by City Council on Febr a 1, 2019
ilor
Pre-id-nt of City Council
0
a
2135297 04/05/2019 11:45:11 AM
Page: 3 of 3 R 23.00 D 0.00 1 23.00
Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
Action by the Mayor:
in'p idrsp �gaor6 tik iI4wagt�L�II1.. r4lYittit 111111
Approved on A-13- goy
❑ Disapproved on based on the following objections:
xayordorigievics
Action by City Council After Disapproval by the Mayor:
❑ Council did not act to override the Mayor's veto.
❑ Ordinance re-adopted on a vote of , on
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST ;;;;.•'''
t ,kivyt-tie / ,...,
La C
yr
Acting City Clerk '`' `\�14 i1, %'�,
a� vo c,uos //
City Clerk’s Office Item # R-5
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
January 28, 2019
TO: President Dennis E. Flores 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 MECHANIC STREET, NORTHEAST OF
RICHMOND STREET
SUMMARY:
The applicant is requesting to vacate Mechanic Street, northeast of Richmond Street.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The applicant is requesting to vacate one half of Mechanic Street, for 295 feet, northeast of
Richmond Street. The vacated portion of Mechanic Street rights-of-way will become part of the
property used for the expansion of the Pueblo Convention Center and the Professional Bull Riders
Training Facility. The vacation is necessary because the plans for the building will extend beyond
the current property. The main issue with this street vacation is the existing and proposed utilities
crossing Mechanic Street, which can be addressed by providing separate easements for utilities.
FINANCIAL IMPLICATIONS:
This vacation will result in a reduction of City resources as the City of Pueblo will no longer be
required to maintain the roadways.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their December 13, 2017 Regular Meeting, voted 5-0
(Lucas and Lujan-Slak absent) to recommend approval with the following conditions of approval:
1. Provide a drainage easement for the public storm sewer that is proposed to be located in
the vacated portion of N. Mechanic St. The minimum width for storm drainage easements
(for pipes) is twenty (20) feet.
2. Provide a sanitary sewer easement for the public sanitary main located at the intersection
of Mechanic Street and Richmond Avenue that is existing in the proposed vacated portion
of North Mechanic Street. The minimum width for storm drainage easements (for pipes)
is twenty (20) feet.
3. Provide a continuous fire department access lane easement that is maintained starting
from the intersection of South Santa Fe Avenue and Mechanic Street and ending at the
intersection of South Santa Fe Avenue and Richmond Street, of no less than twenty-six
(26) feet in width to accommodate the weight, forward passage and placement of an aerial
type fire apparatus, as required by the 2015 International Fire Code, Chapter 5 and
Appendix D. Such required width shall be exclusive of curb shoulders and any other
planned parking, loading zones or other such traffic conditions.
The easement documents addressed in conditions 1. and 2. above have not been satisfied. Prior
to recording the easements, the vacation plat needs to be approved as to form by the City Public
Works Department, the City Attorney and a Resolution approved by City Council accepting the
easements.
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 street 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 13, 2017 Public
Hearing
Memorandum from the Department of Public Works Dated January 17, 2019
Planning and Zoning Commission Staff Report with Exhibits
Reception 2135299
04/05/2019 11 :45:11 AM
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this 17t1' day of January, 2019, by Pueblo Urban Renewal
Authority, a Body Corporate and Politic of the State of Colorado, Grantor, to Pueblo, a
Municipal Corporation, Grantee:
WITNESSETH:
THAT IN CONSIDERATION of the sum of One Dollar($1.00) and other good and
valuable consideration,paid by the Grantee,receipt of which is hereby acknowledged, Grantor
hereby grants to Grantee, its successors and assigns, an easement and right of way for the
purpose of Public Utility and Drainage , in,through, over, under and across Grantor's
property situated in Pueblo County, Colorado described in the attached Exhibit"A" (the
"Property").
Grantor shall install public utilities and drainage structures
(the "Facilities")in the Property in accordance with plans and specifications therefore approved
by, and on file with Grantee, and, thereafter, Grantor shall maintain the Facilities in good
working order and condition, and repair and replace the Facilities.
Grantee shall have the right at its option(but not the obligation)to inspect, control,
maintain,repair and replace the Facilities and recover all costs and expenses thereof plus an
administrative charge of 15%from the Grantor. For such purposes, Grantee is granted the right
to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect,
control,maintain, repair or replace the Facilities shall not subject the Grantee to any liability for
such failure.
Grantor reserves the right to use and occupy the Property for any purpose not inconsistent
with the privilege above granted and which will not interfere with or endanger any equipment or
facilities therein or use thereof. Such reservation by the Grantor shall in no event include the
right to locate or erect or cause to be located or erected on the Property any building or any other
structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor(a) has good and sufficient right and title in and
to the Property and full power to grant this easement and right-of-way, and (b)will defend
Grantee's quiet and peaceful possession of the Property and easement and right-of-way against
all persons who may lawfully claim title to the Property.
DPW 110
12/03/98
"Grantee" shall include the plural and the feminine. This Easement and Right of Way
shall be binding upon, and shall inure to the benefit of the heirs, personal representatives,
successors and assigns of the Grantor and Grantee.
SIGNED this 17th day of January, 2019.
Pueblo Urban Renewal Authority, a Body Corporate
and Politic of the State of Colorado,
GRANTOR:Z1440-0CIV-2Qszio.A.By: Donald J. Banner, d Chairma)
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this 17th day of
January ,2019 by Donald J. Banner as Board Chairman of the Pueblo Urban Renewal
Authority, a Body Corporate and Politic of the State of Colorado.
Witness my hand and official seal.
My Commission Expires: '11312U '.f eg57, i�-•
(SEAL) / ��
CHERISH DEED ary Pus, c
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20184009529
'";Ot MISSION EXPIRES FEBRUARY 28,2022
2135299 04/05/2019 11 :45:11 AM
Page: 20
of 4 R 28. .00 8.00
Gilbert Ortiz Clerk/Reco00rderDe
0, PueblT 2Co
o unty, Co
liiI h���1a 'I+��',��14'�M�'�tiN��.��ArVI+KX Y4h l II I
•
•
2435 Research Parkway,Suite 300
M
.� Colorado Springs,Colorado 80920
Phone:719-575-owo
www.matrixdesigngroup.com
DESIGN GROUP
An LM '_UYL _ U'A'NI_U COid 'ANY
LEGAL DESCRIPTION
(UTILITY AND DRAINAGE EASEMENT)
A PARCEL OF LAND LOCATED IN THE EAST ONE-HALF OF SECTION 36,TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE
6TH P.M.,CITY OF PUEBLO,COUNTY OF PUEBLO,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHERLY MOST CORNER OF LOT 4 OF PUEBLO CENTER SUBDIVISION FILING NO.3 ACCORDING TO
THE OFFICIAL MAP THEREOF RECORDED MARCH 6,1995 IN THE OFFICE OF THE PUEBLO COUNTY CLERK AND
RECORDER AT RECEPTION NO.1073035;
THENCE NORTH 43°54'23"EAST,ALONG A LINE COMMON TO THE SAID PUEBLO CENTER SUBDIVISION FILING NO.3
AND THE RIGHT-OF-WAY OF MECHANIC STREET,A DISTANCE OF 47.79 FEET;
THENCE SOUTH 46°05'37"EAST,PERPENDICULAR TO SAID RIGHT-OF-WAY,A DISTANCE OF 31.62 FEET;
THENCE NORTH 43°54'23"EAST A DISTANCE OF 133.32 FEET;
THENCE NORTH 46°27'23"WEST A DISTANCE OF 16.55 FEET;
THENCE NORTH 43°54'23"EAST A DISTANCE OF 15.00 FEET;
THENCE SOUTH 46°27'23"EAST A DISTANCE OF 16.55 FEET;
THENCE NORTH 43°54'23"EAST A DISTANCE OF 73.64 FEET;
THENCE NORTH 31°38'54"EAST A DISTANCE OF 25.85 FEET;
THENCE SOUTH 46°05'37"EAST A DISTANCE OF 13.87 FEET TO THE CENTERLINE OF SAID MECHANIC STREET;
THENCE SOUTH 43°54'23"WEST,ALONG THE CENTERLINE OF SAID MECHANIC STREET,A DISTANCE OF 295.05 FEET
TO THE NORTHEASTERLY LINE OF HISTORIC ARKANSAS RIVER PROJECT FILING NO.3 ACCORDING TO THE OFFICIAL
MAP THEREOF FILED IN THE OFFICE OF THE PUEBLO COUNTY CLERK AND RECORDER AT RECEPTION NO.1954165;
THENCE NORTH 46°00'57"WEST,ALONG SAID NORTHEASTERLY LINE,A DISTANCE OF 40.00 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIPTION PRODUCES A CALCULATED AREA OF 4,302 SQUARE FEET(0.09876 ACRES),MORE OR LESS,
AND IS DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR REFERENCE.
.O`' I;/,
Pp0 L/c '%
` AL!•. ��EEg0• tP
0 ;ct ff; 0
•m 34977 2135299 04/05/2019 11 :45:11 AM
T.
;a: o Page: 3 of 4 R 28.00 D 0.00 11
28.00
p ••• zlie'10 •: Gilbert Ortiz C1'rk/Recordei,I Pueblo County, 'Co
'4%—% ... ..•.�• 'JQ ; VIII I�irdlinki I�KIfilk i i �����IN Pirei1�'r�N.0Si��h 11111
�'1�L LAN's
ROBERT L.MEADOWS JR.,PLS 34977
PREPARED FOR AND ON BEHALF
OF MATRIX DESIGN GROUP
Dc, E, ,_,r>.;tdr Rin,. P,.>Fy,p Annri'r, 411,1';1, Ne'r-,,// P rrs,-h`. "--'q t,,', `,{b'o'ut r.f;i t1 i ,')/[,(,t ,n D C
2135299 04/05/2019 11:45:11 AM
Page: 4 of 4 R 28.00 D 0.00 T 28.00
Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
11111rrilirageili ,AIV4141'1/11171 111,I1.1�lid 11111
PARCEL "B"
REARRANGEMENT OF
PROPERTY
Ir�
\, BOUNDARY
CGS
N31°38'54"E
25.85'
N43°54'23"ES46°05'37"E
ii
73.64' �• 13.87'
is, •
IA, S46°27'23"E 16.55 •
O�
�C N43°54'23"E 15.00'
ti 1pik.4kiL
�O • k PROPOSED
lb":7 N46°27'23"W 16.55' •Ah�� 4R- STREET
�`� -"ti roti 55N VACATION
NN43°54'23"E b�h°�� G ,P
47.79' • 4\
POINT OF
BEGINNING • •
• S46°05'37"E 31.62'
N46°00'57"W
40.00'
40' 0 80'
SCALE: 1"= 80'
AREA= 4,302 SQUARE FEET (0.09876 ACRES)
• 2435 Research Parkway,Suite 300 GRAPHICAL EXHIBIT
tAatrix z Colorado Springs,CO 80920
5 Phone 719-575-0100 UTILITY AND DRAINAGE EASEMENT
DESIGN GROUP - Fax 719-575-0208 CHECKED BY: RLM DATE:FEB. 12,2019 SHEET
JN: 17.946.001 1 of 1
\\EROS\PROJECTS\17.946.001 (PUEBLO CONVENTION CENTER)\SURVEY\LEGAL DESCRIPTIONS\UTILITY AND DRAIANAGE\UTILTIY AND DRAINAGE EASEMENT.DWG