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Home My WebLink About09432Reception 2161532 12/06/2019 02:19:12 PM Substituted Copy March 11, 2019 ORDINANCE NO. 9432 AN ORDINANCE VACATING A PORTION OF CRAWFORD STREET AND SITTER PLACE LOCATED WITHIN BLOCK 3, HOUSING SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following street: A PARCEL OF LAND BEING PORTIONS OF SITTER PLACE AND CRAWFORD STREET AS SHOWN ON THE PLAT OF HOUSING SUBDIVISION RECORDED ON MAY 24, 1952 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PUEBLO UNDER RECEPTION NUMBER 913457 (BOOK 16, PAGE 3); LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 11, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN; MORE PARTICULARLY DESCRIBED AS FOLLOWS WITH BEARINGS REFERENCED TO THE NORTH LINE OF SAID HOUSING SUBDIVISION, MONUMENTED ON THE WEST END BY A FOUND 1-1/2" ALUMINUM TAG STAMPED "MANGINI REEVES INC, PLS 22101"AND ON THE EAST END BY A FOUND 1" YELLOW PLASTIC CAP STAMPED "CARDINAL, PLS 22101" (A 1-FOOT WITNESS CORNER), AND IS ASSUMED TO BEAR NORTH 88°54'18" EAST 1253.48 FEET. COMMENCING AT THE EAST END OF SAID NORTH LINE; SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID HOUSING SUBDIVISION AND ON THE WESTERLY RIGHT-OF-WAY LINE OF ACERO AVENUE; THENCE SOUTH 01°05'33" EAST, ALONG THE EAST LINE OF SAID HOUSING SUBDIVISION AND SAID WESTERLY RIGHT- OF-WAY LINE, A DISTANCE OF 156.38 FEET TO THE NORTHEAST CORNER OF SAID CRAWFORD STREET RIGHT-OF-WAY AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 01°05'33" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 50.00 FEET TO THE SOUTHEAST CORNER OF SAID CRAWFORD STREET RIGHT-OF-WAY; THENCE ALONG THE SOUTH LINE OF SAID CRAWFORD STREET RIGHT-OF-WAY THE FOLLOWING 3 COURSES: Substituted Copy 2161532 12/06/2019 02.1n 12 PM March 11, 2019 Page: 2 of 4 R 28.00 D 0.00 T 28.00 Pilbert Ortiz Clerk/Recorder, Pueblo County Co ■iii r��,t� in fa6 ,N11�ti��,�r�f��i� �� in 1. THENCE SOUTH 88°54'28" WEST, A DISTANCE OF 512.23 FEET TO A 148.00 FOOT RADIUS TANGENT CURVE WHOSE CENTER BEARS SOUTH 01°05'3Z' EAST; 2. THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 45°00'00", AN ARC DISTANCE OF 116.24 FEET; 3. THENCE SOUTH 43°5428" WEST, A DISTANCE OF 271.79 FEET; THENCE NORTH 45°56'10"WEST, A DISTANCE OF 50.00 FEET TO THE NORTHERN LINE OF SAID CRAWFORD STREET RIGHT-OF-WAY; THENCE NORTH 43°54'28" EAST, ALONG SAID NORTHERN LINE, A DISTANCE OF 100.13 FEET TO A 18.00 FOOT RADIUS TANGENT CURVE WHOSE CENTER BEARS NORTH 46°05'32" WEST; THENCE NORTHERLY ALONG SAID CURVE AND SAID NORTHERN LINE, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 28.27 FEET TO THE SOUTHERN LINE OF SAID SITTER PLACE RIGHT-OF-WAY; THENCE NORTH 46°05'32" WEST, ALONG SAID SOUTHERN LINE, A DISTANCE OF 78.38 FEET; THENCE NORTH 43°46'26" EAST, A DISTANCE OF 50.00 FEET TO THE NORTH LINE OF SAID SITTER PLACE RIGHT-OF-WAY; THENCE ALONG SAID NORTH LINE THE FOLLOWING 2 COURSES: 1. THENCE SOUTH 46°05'32" EAST, A DISTANCE OF 78.49 FEET TO A 18.00 FOOT RADIUS TANGENT CURVE WHOSE CENTER BEARS NORTH 43°54'28" EAST; 2. THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 28.27 FEET TO THE NORTH LINE OF THE PREVIOUSLY MENTIONED CRAWFORD STREET RIGHT-OF-WAY; THENCE ALONG SAID NORTH LINE THE FOLLOWING 3 COURSES: 1. THENCE NORTH 43°54'28" EAST, A DISTANCE OF 85.52 FEET TO A 198.00 FOOT RADIUS TANGENT CURVE WHOSE CENTER BEARS SOUTH 46°05'32" EAST; 2. THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 45°00'00", AN ARC DISTANCE OF 155.51 FEET; 3. THENCE NORTH 88°54'28" EAST, A DISTANCE OF 512.23 FEET TO THE POINT OF BEGINNING. 2161532 12/06/2019 02:19:12 PM Substituted Copy Page: 3 of 4 R 28.00 D 0.00 T 28.00 March 11, 2019 Gilbert Ortiz ClerkfRecorder. Pueblo County; Co , Ell killwinlillI 'I� liVA��R N'ilekl i1riAtit 11111 THE ABOVE PARCEL DESCRIPTION CONTAINS A CALCULATED AREA OF 50,955 SQUARE FEET OR (1.16976 ACRES), MORE OR LESS, AND IS DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR REFERENCE. attached hereto, 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. The vacation is approved with the following conditions: 1. The proposed vacation will not be valid until the associated Uplands Townhomes Subdivision Filing No. 2 is recorded. The vacation will not be scheduled for City Council until the associated subdivision is also scheduled. 2. The portion of water main in Crawford Street to the intersection of Crawford Street and Sitter Place must be removed, not abandoned in place. 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; 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. 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 ,� ar_i111 2019 . Pres dent"•f City Council 21615328 12/06/2019 02:19:12 PM Substituted Copy Gil6ert4Ort z4C1eRrk2/eccorder0.00blo Co 00Y Co March 11, 2019 1111 FAIM:Vh'IeilAIIN «I tiP�l'.��4tf1�,�h��i��Jti 11111 Action by the Mayor: yl Approved on /147.e a01 l ❑ Disapproved on based on the following objections: 7464/0444#1;41--- 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 ; 04- ota I Acting City Clerk �po�c.a rnrva nr.-"7�� -5 City Clerk’s Office Item # R-6 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: February 25, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas Gradisar, Mayor VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE VACATING A PORTION OF CRAWFORD STREET AND SITTER PLACE LOCATED WITHIN BLOCK 3, HOUSING SUBDIVISION SUMMARY: This Ordinance vacates a portion of Crawford Street and Sitter Place generally located west of Acero Avenue. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The applicant is requesting to vacate a portion of the streets within the existing Block 3, Housing Subdivision, as shown on the attached vacation plat. The vacation of the streets will allow the applicant to utilize the vacated street for private use and future development. The Uplands Townhomes Subdivision, Filing No. 2, Tribal Nations Avenue will be platted and will connect with the remaining Sitter Place. The remaining portion of Crawford Street will become a cul-de-sac. The application for the street and alley vacation was sent to the Public Works Department, Transportation Department, and the utility companies for their response and comment. The Public Works Department and the Board of Water Works have recommended conditions of approval regarding the vacation for Crawford Street and the remaining water main in Crawford Street. The City Wastewater, City Stormwater, City Transportation Departments and Colorado Department of Transportation have replied that they do not have any comments and do not oppose the proposed vacation. A water main exists in Crawford Street, but will be removed during construction of the complex. No other utilities are located within the vacated streets. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their January 9, 2019 Regular Meeting, voted 5-0 (Castellucci and San Filippo-Rosser absent) to recommend approval with the following conditions of approval: 1. The proposed vacation will not be valid until the associated Uplands Townhomes Subdivision Filing No. 2 is recorded. The vacation will not be scheduled for City Council until the associated subdivision is also scheduled. 2. The portion of water main in Crawford Street to the intersection of Crawford Street and Sitter Place must be removed, not abandoned in place. 3. Vacate the entire width of Crawford Street right-of-way and update legal description accordingly. 4. Revise the legal description according to the revised vacation of Crawford Street. Conditions of approval 3 and 4 have been completed by the applicant. Conditions of approval 1 and 2 shall remain as conditions with this Ordinance. 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 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 January 9, 2019 Public Hearing Memorandum from the Department of Public Works Dated February 19, 2019 Planning and Zoning Commission Staff Report with Exhibits