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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 th vacated 11 Street and Albany Avenue; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. th 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 TH 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 th egress access easement on vacated 12 Street between Santa Fe Avenue and Albany Avenue. PREVIOUS COUNCIL ACTION: th City Council approved Ordinance No. 9345 vacation of 12 Street between Santa Fe Avenue and Albany Avenue. BACKGROUND: th The vacation of 12 Street between Santa Fe Avenue and Albany Avenue was approved with a th reservation of a public ingress and egress easement on 12 Street allowing continued flow of traffic th 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 th to fully fence the employee parking area. The segment of Albany Avenue between vacated 11 and th 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 -7(e.:46° //* ti*:', t.f , ° By. Nicholas A. Gradi r, Mayor ppb&/Y11'i C ' "...QS _ ♦ • ATTEST: \\,\00.7 --, 13 4.Q,r &tet ,- n : T flL+1)9 City Clerk State of Colorado ) ) ss. 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