HomeMy WebLinkAbout09430ORDINANCE NO. 9430
AN ORDINANCE RELEASING A PUBLIC INGRESS AND EGRESS
ACCESS EASEMENT ON THE 100 E. BLOCK OF VACATED 12TH
STREET
WHEREAS, said ingress and egress access easement can be released when so decided
by the Pueblo City Council; and
WHEREAS, a turnaround has been accommodated for public traffic at the intersection of
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vacated 11 Street and Albany Avenue; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
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The reservation of a 24’ public ingress and egress easement in the vacated 100 Block of E. 12
Street, between Santa Fe Avenue and Albany Avenue is hereby released. The Mayor is authorized to
execute the attached Release of Easement in the name of the City, and the City Clerk is directed to
affix the seal of the City thereto and attest same.
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.
The City Clerk is directed to cause said Release of Easement to be forthwith recorded in the
office of the Pueblo County Clerk and Recorder.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on February 25, 2019.
Final adoption of Ordinance by City Council on March 11, 2019 .
President of City Council
Action by the Mayor:
☒
Approved on March 13, 2019
Disapproved on based on the following objections:
☐
Mayor
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
Acting City Clerk
City Clerk’s Office Item # R-4
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: February 25, 2019
TO: President Dennis E. Floresand Members of City Council
CC: Nicholas Gradisar, Mayor
VIA: Brenda Armijo, Acting City Clerk
FROM: Sam Vigil, P.E., Director of Public Works
SUBJECT:
AN ORDINANCE RELEASING A PUBLIC INGRESS AND EGRESS ACCESS
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EASEMENT ON THE 100 E. BLOCK OF VACATED 12 STREET
SUMMARY:
Attached for your consideration is an Ordinance that releases a reservation for a pubic ingress and
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egress access easement on vacated 12 Street between Santa Fe Avenue and Albany Avenue.
PREVIOUS COUNCIL ACTION:
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City Council approved Ordinance No. 9345 vacation of 12 Street between Santa Fe Avenue and
Albany Avenue.
BACKGROUND:
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The vacation of 12 Street between Santa Fe Avenue and Albany Avenue was approved with a
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reservation of a public ingress and egress easement on 12 Street allowing continued flow of traffic
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until such time as a proper turnaround at the intersection of vacated 11 Street and Albany Avenue
could be accommodated. The adjacent property owner, Parkview Medical Center, has constructed said
turnaround and is requesting the release of the reservation and easement. The release allows Parkview
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to fully fence the employee parking area. The segment of Albany Avenue between vacated 11 and
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12 Street will be used for a frontage road with the reconstruction of I-25 in this area and cannot be
vacated.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
N/A
STAKEHOLDER PROCESS:
N/A
ALTERNATIVES:
Denying the Ordinance will require Parkview to leave a public access open for public use permanently;
which will hamper their attempts to create a secure parking lot.
RECOMMENDATION
:
Approval of the Ordinance.
Attachment: Easement Release
reception 2133845
03/21/2019 03:43:26 PM
re: Ordinance 9430
RELEASE OF EASEMENT
THIS RELEASE OF EASEMENT is made on February 25, 2019 by Pueblo, a Municipal Corporation
(City), whose legal address is One City Hall Place, Pueblo, Colorado 81003 to Parkview Medical
Center.
WITNESSETH:
WHEREAS, Parkview Medical Center, Inc., a Colorado corporation, is the developer and
property owner for the property; and
WHEREAS, a turnaround is provided for at the intersection of vacated 11th Street and Albany
Avenue;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
In consideration of the construction of the turnaround set forth in the recitals by Parkview
Medical Center, Inc., a Colorado corporation, the City hereby releases the 24' ingress and egress
easement as reserved on the Vacation plat, passed by the Pueblo City Council on Ordinance No. 9345
on vacated 12th Street between Santa Fe Avenue and Albany Avenue.This release shall not otherwise
limit, effect or otherwise act as a release with respect to the utility easements and related ingress and
egress for use thereof reserved in said Vacation plat.
IN WITNESS WHEREOF, this Release of Easement is executed as of the date first above
written.
O{ p° • PUEBLO, A MUNICIPAL CORPORATION
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t.f , ° By. Nicholas A. Gradi r, Mayor
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ATTEST:
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State of Colorado )
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County of Pueblo )
The foregoing instrument was acknowledged before me on Mcg c I 1 Ch- , 2019 by
Nicholas A. Gradisar as Mayor of the City of Pueblo, and Brenda Armijo as Acting City Clerk.
Witness my hand and official seal.
My Commission Expires: ,..-7a.__ ‘4,,.2G C, _//
TAMMY A MARTINEZ Notary Public
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20164028200
MY COMMISSION EXPIRES 07/2812020