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HomeMy WebLinkAbout09624Reception 2180448 06/08/2020 11:49:33 AM ORDINANCE NO. 9624 AN ORDINANCE VACATING A STORM DRAINAGE EASEMENT, LOTS 16 AND 17, BLOCK 141, BELMONT VILLA FILING NO. 1 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following easement: 10 FOOT AND 20 FOOT STORM DRAINAGE EASEMENT VACATION LEGAL DESCRIPTION: A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 20 SOUTH, RANGE 64 WEST, OF THE 6TH PRINCIPAL MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE ENTIRE 10 FOOT AND 20-FOOT WIDE STORM DRAINAGE EASEMENT ON LOT 17, BLOCK 141, BELMONT VILLA FILING NO. 1, AS RECORDED IN BOOK 2037 AT PAGE 819. CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO, AS RECORDED UNDER BOOK 2037, PAGE 819 OF THE RECORDS OF PUEBLO COUNTY. CONTAINING A CALCULATED AREA OF 6,058 SQ. FEET, OR 0.139 ACRES. 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. This Ordinance shall be approved but shall not become effective until 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or within any extended period granted by Ordinance of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the applicant.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. • 2180448 06/08/2020 11:49:33 AM Page: 2 of 2 R 18. 0.0T 8.00 Gilbert Ortiz Clerk/Recorder00 D , Pueblo0 1County, Co 11111 MU 11IV,4i1�'Ir}1,14111. '.'MN' 11111 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 December 9, 2019. Final adoption of Ordinance by City Council on Dec=.mbe 23 2019. Pr ide't of City Council Action by the Mayor: 114 Approved on fa *426• ❑ Disapproved on based on the following objections: r i Mayor Action by City Council After Disapproval by the Mayor: ❑ Council did not act to override the Mayor's veto. El Ordinance re-adopted on a vote of , on ❑ Council action on failed to override the Mayor's veto. 4 . .o, 04� 'r\-sident of City Council ATTEST `y c / u�os G. �Pm I. 4L' aIle 4 Deputy City Clerk c4 ---- m7 µ , City Clerk’s Office Item # R-7 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: December 9, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT:AN ORDINANCE VACATING A STORM DRAINAGE EASEMENT, LOTS 16 AND 17, BLOCK 141, BELMONT VILLA FILING NO. 1 SUMMARY: The applicant is requesting to vacate a twenty (20) foot wide storm drainage easement to facilitate development of a multi-family residential development. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The applicant is requesting a vacation of the twenty (20) foot wide storm drainage easement on Lot 17, Block 141, Belmont Villa, Filing No. 1, to facilitate multi-family residential development. The 20-foot wide easement will be rededicated in the Belmont Apartments Subdivision along the northern property line, providing the same level of storm water utility service while accommodating the proposed multi-family residential structure. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their September 11, 2019 Regular Meeting, voted 4-0 (Castellucci and Avalos absent) to recommend approval. 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 easement would remain and 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: Proposed Ordinance Minutes of the Planning and Zoning Commission September 11, 2019 Public Hearing Memorandum from the Department of Public Works Dated November 18, 2019 Planning and Zoning Commission Staff Report with Attachments and Exhibits ORDINANCE NO. 9624 AN ORDINANCE VACATING A STORM DRAINAGE EASEMENT, LOTS 16 AND 17, BLOCK 141, BELMONT VILLA FILING NO. 1 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following easement: 10 FOOT AND 20 FOOT STORM DRAINAGE EASEMENT VACATION LEGAL DESCRIPTION: A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 20 SOUTH, RANGE 64 WEST, OF THE 6TH PRINCIPAL MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE ENTIRE 10 FOOT AND 20-FOOT WIDE STORM DRAINAGE EASEMENT ON LOT 17, BLOCK 141, BELMONT VILLA FILING NO. 1, AS RECORDED IN BOOK 2037 AT PAGE 819. CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO, AS RECORDED UNDER BOOK 2037, PAGE 819 OF THE RECORDS OF PUEBLO COUNTY. CONTAINING A CALCULATED AREA OF 6,058 SQ. FEET, OR 0.139 ACRES. 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. This Ordinance shall be approved but shall not become effective until 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. 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 December 9, 2019. Final adoption of Ordinance by City Council on December 23, 2019. President of City Council Action by the Mayor: ☒ Approved on December 2, 2019 . 6 □ 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 Deputy City Clerk