HomeMy WebLinkAbout09845Reception 2240300
08/20/2021 03:08.01 PM
ORDINANCE NO. 9845
AN ORDINANCE VACATING PORTIONS OF THE
STREETS AND ALLEYS WITHIN THE FOUNTAIN LAKE
SUBDIVISION GENERALLY LOCATED NORTH OF VISION
HILLS PARKWAY AND WEST OF WALKING STICK
BOULEVARD
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
A Street and Alley vacation for a portion of Fountain Lake Subdivision according
to the recorded plat thereof, as filed for record on December 12, 1888 in Pueblo County
records in the Northeast one-quarter of Section 7 and the Northwest one-quarter of
Section 8, Township 20 South, Range 64 West of the 6th P.M. in the County of Pueblo
and State of Colorado and being more particularly described as follows:
All of the streets and alleys located within the following described
boundary:
Basis of Bearings is the east line of the Northeast one-quarter of Section
8, monumented on the north with a 2 1/2" aluminum cap stamped with
P.L.S. No. 16128 and monumented on the south with a found axle with no
marks, to bear N. 01°25'55" E. and all bearings being relative thereto.
Beginning at the northeast corner of Parcel "K" of North Vista Highlands,
Filing No. 1 according to the recorded plat as filed for record on November
15, 2019 at Reception No. 2159276 as filed for record in the office of the
Pueblo County Clerk and Recorder; thence S. 88°52'33" W., a distance of
116.33 feet; thence N. 01°07'27" W., a distance of 200.29 feet; thence S.
88°52'33" W., a distance of 962.34 feet; thence S. 01°07'27" E., a distance
of 338.04 feet; thence S. 88°52'33" W., a distance of 420.11 feet; thence
S. 01°07'27" E., a distance of 200.28 feet; thence S. 88°52'33" W., a
distance of 840.22 feet; thence S. 01°07'27" E., a distance of 338.04 feet;
thence S. 88°52'33" W., a distance of 439.65 feet; S. 01°07'27" E., a
distance of 676.08 feet; thence S. 88°52'33" W., a distance of 420.11 feet;
thence S. 01°07'27" E., a distance of 137.76 feet; thence S. 88°52'33" W.,
a distance of 571.55 feet; thence S. 01°07°27" E., a distance of 529.76
feet; thence S. 89°30'31" W., a distance of 1303.76 feet; thence N.
01°18'25" E., a distance of 1330.40 feet; thence N. 88°52'33" E., a
distance of 382.60 feet; thence N. 01°07'27" W., a distance of 215.92 feet;
thence N. 88°52'33" E., a distance of 175.86 feet; thence N. 01°07'27" W.,
a distance of 215.92 feet; thence S. 88°52'33" W., a distance of 540.79
feet; thence N. 01°18'25" E., a distance of 855.02 feet; thence N.
2240300 03/2.0/2021 03:08:01 PM
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Gilbert Ortiz Cierk;Recorder Pueblo County. Co
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02°11'50" E., a distance of 1326.86 feet; thence N. 89°01'14" E., a
distance of 1321.07 feet; thence N. 89°22'51" E., a distance of 2642.58
feet; thence N. 01°51'55" E., a distance of 1319.68 feet; thence S.
89°38'25" W., a distance of 1321.31 feet; thence N. 01°55'33" E., a
distance of 2652.25 feet; thence N. 89°37'39" E., a distance of 2639.15
feet; thence S. 01°51'01" W., a distance of 5296.69 feet; thence S.
01°39'56" W., a distance of 214.42 feet; thence S. 88°52'33" W., a
distance of 319.16 feet; thence S. 01°07'27" E., a distance of 338.04 feet
to the Point of Beginning.
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 14, 2020.
Final adoption of Ordinance by City Council on Dece ,•er 28 2020
Presi•ent 7f City Council
22,40300 08/20/2021 03:08:01 PM
page: :3 of 3 R 23.00 D 0,00 T 23.00
Gilbert Ortiz Clerk/Recorder, Pueblo County Co
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Action by the Mayor:
;Al Approved on f oZ-3O-a OAO
❑ Disapproved on based on the following objections:
_2(eege‘104.01:i
Mayor
Action by City Council After Disapproval by the Mayor:
O 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
n t
ATTEST �a,� � ,1 o4
Otitivylie 47 ,
City Clerk v,
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ORDINANCE NO. 9845
AN ORDINANCE VACATING PORTIONS OF THE
STREETS AND ALLEYS WITHIN THE FOUNTAIN LAKE
SUBDIVISION GENERALLY LOCATED NORTH OF VISION
HILLS PARKWAY AND WEST OF WALKING STICK
BOULEVARD
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
A Street and Alley vacation for a portion of Fountain Lake Subdivision according
to the recorded plat thereof, as filed for record on December 12, 1888 in Pueblo County
records in the Northeast one-quarter of Section 7 and the Northwest one-quarter of
Section 8, Township 20 South, Range 64 West of the 6th P.M. in the County of Pueblo
and State of Colorado and being more particularly described as follows:
All of the streets and alleys located within the following described
boundary:
Basis of Bearings is the east line of the Northeast one-quarter of Section
8, monumented on the north with a 2 ½” aluminum cap stamped with
P.L.S. No. 16128 and monumented on the south with a found axle with no
marks, to bear N. 01°25'55” E. and all bearings being relative thereto.
Beginning at the northeast corner of Parcel "K" of North Vista Highlands,
Filing No. 1 according to the recorded plat as filed for record on November
15, 2019 at Reception No. 2159276 as filed for record in the office of the
Pueblo County Clerk and Recorder; thence S. 88°52'33" W., a distance of
116.33 feet; thence N. 01°07'27" W., a distance of 200.29 feet; thence S.
88°52'33" W., a distance of 962.34 feet; thence S. 01°07'27" E., a distance
of 338.04 feet; thence S. 88°52'33" W., a distance of 420.11 feet; thence
S. 01°07'27" E., a distance of 200.28 feet; thence S. 88°52'33" W., a
distance of 840.22 feet; thence S. 01°07'27" E., a distance of 338.04 feet;
thence S. 88°52'33" W., a distance of 439.65 feet; S. 01°07'27" E., a
distance of 676.08 feet; thence S. 88°52'33" W., a distance of 420.11 feet;
thence S. 01°07'27" E., a distance of 137.76 feet; thence S. 88°52'33" W.,
a distance of 571.55 feet; thence S. 01°07°27" E., a distance of 529.76
feet; thence S. 89°30'31" W., a distance of 1303.76 feet; thence N.
01°18'25" E., a distance of 1330.40 feet; thence N. 88°52'33" E., a
distance of 382.60 feet; thence N. 01°07'27" W., a distance of 215.92 feet;
thence N. 88°52'33" E., a distance of 175.86 feet; thence N. 01°07'27" W.,
a distance of 215.92 feet; thence S. 88°52'33" W., a distance of 540.79
feet; thence N. 01°18'25" E., a distance of 855.02 feet; thence N.
02°11'50" E., a distance of 1326.86 feet; thence N. 89°01'14" E., a
distance of 1321.07 feet; thence N. 89°22'51" E., a distance of 2642.58
feet; thence N. 01°51'55" E., a distance of 1319.68 feet; thence S.
89°38'25" W., a distance of 1321.31 feet; thence N. 01°55'33" E., a
distance of 2652.25 feet; thence N. 89°37'39" E., a distance of 2639.15
feet; thence S. 01°51'01" W., a distance of 5296.69 feet; thence S.
01°39'56" W., a distance of 214.42 feet; thence S. 88°52'33" W., a
distance of 319.16 feet; thence S. 01°07'27" E., a distance of 338.04 feet
to the Point of Beginning.
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 14, 2020.
Final adoption of Ordinance by City Council on December 28, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on December 30, 2020 .
□ 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
City Clerk
City Clerk’s Office Item # R-6
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: December 14, 2020
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 PORTIONS OF THE STREETS AND ALLEYS
WITHIN THE FOUNTAIN LAKE SUBDIVISION GENERALLY LOCATED NORTH
OF VISION HILLS PARKWAY AND WEST OF WALKING STICK BOULEVARD
SUMMARY:
The applicant is requesting to vacate portions of streets and alleys within the Fountain
Lake Subdivision, north and west of the North Vista Subdivision, Filing No. 1. A portion
of Columbia, Oriental, and Lafayette Avenues surrounding Block 86 must remain to
provide access to the two parcels not included in the North Vista ownership and
development.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The Fountain Lake Subdivision was primarily a residential subdivision and was recorded
in 1888, but never fully developed. The southeastern streets and alleys of the Fountain
Lake Subdivision were vacated in 2018 to facilitate the North Vista Subdivision, Filing
No. 1. The purpose of the proposed vacation is to facilitate the North Vista Highlands
Subdivision, Filing No. 2, which will include two large lots intended for multifamily
residential development.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their October 14, 2020 Regular Meeting,
voted 6-0 (Commissioner Schilling 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 October 14, 2020
Public Hearing
Memorandum from the Department of Public Works Dated November
20, 2020
Planning and Zoning Commission Staff Report with Attachments and
Exhibits