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HomeMy WebLinkAbout09884Reception 2283784 07/18/2022 03:14:30 PM ORDINANCE NO. 9884 AN ORDINANCE VACATING THE REMAINING PORTION OF CRAWFORD STREET AND A PUBLIC UTILITY EASEMENT LOCATED EAST AND SOUTH OF THE EXISTING CRAWFORD STREET BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following described street and public utility easement: A PARCEL OF LAND BEING A PORTION OF 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) AND THE PLAT OF UPLANDS TOWNHOMES FILING NO. 2 RECORDED ON DECEMBER 6, 2019 IN SAID RECORDS UNDER RECEPTION NUMBER 2161535; 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 WEST END OF SAID NORTH LINE; SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID HOUSING SUBDIVISION AND ON THE EASTERLY RIGHT-OF-WAY OF SOUTH PRAIRIE AVENUE; THENCE SOUTH 01°05'45" EAST ON SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 470.87 FEET TO THE NORTHERLY RIGHT-OF-WAY OF CRAWFORD STREET, AS SHOWN ON SAID PLAT OF HOUSING SUBDIVISION, SAID POINT BEING THE POINT OF BEGINNING; THENCE ON SAID NORTHERLY RIGHT-OF-WAY THE FOLLOWING (3) THREE COURSES: 1. THENCE NORTH 88°54'28" EAST, A DISTANCE OF 283.36 FEET TO A 148.00 FOOT RADIUS TANGENT CURVE WHOSE CENTER BEARS NORTHWESTERLY; 2. THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 45°00'00", AN ARC DISTANCE OF 116.24 FEET; 3. THENCE NORTH 43°54'28" EAST, A DISTANCE OF 29.87 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF CRAWFORD STREET AS SHOWN ON SAID PLAT OF UPLANDS TOWNHOMES FILING NO. 2; 228378.4 07/08/2022 03:14.35 PM Page: 2 of 3 R 23.00 0 0.00 T 23.00 Gilbey; Cr"iz Clerk./Recorder, Pueblo County, Ca 101 I�.a�� alh ' I �'� h�*ViC ��I'�i"i'i � , II it I THENCE ON SAID RIGHT-OF-WAY THE FOLLOWING (6) SIX COURSES: 1. THENCE NORTH 45°53'46" WEST, A DISTANCE OF 4.67 FEET; 2. THENCE NORTH 44°05'45" EAST, A DISTANCE OF 74.74 FEET; 3. THENCE SOUTH 45°54'15" EAST, A DISTANCE OF 2.41 FEET TO A 52.00 FOOT RADIUS NON-TANGENT CURVE WHOSE CENTER BEARS SOUTH 45°54'15" EAST; 4. THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 263°49'31", AN ARC DISTANCE OF 239.44 FEET; 5. THENCE SOUTH 44°05'45" WEST, A DISTANCE OF 23.01 FEET; 6. THENCE NORTH 45°54'15" WEST, A DISTANCE OF 5.33 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF CRAWFORD STREET AS SHOWN ON SAID PLAT OF HOUSING SUBDIVISION; THENCE ON SAID SOUTHERLY RIGHT-OF-WAY OF CRAWFORD STREET THE FOLLOWING (3) THREE COURSES: 1. THENCE SOUTH 43°54'28" WEST, A DISTANCE OF 29.73 FEET TO A 198.00 FOOT RADIUS TANGENT CURVE WHOSE CENTER BEARS NORTHWESTERLY; 2. THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 45°00'00", AN ARC DISTANCE OF 155.51 FEET; 3. THENCE SOUTH 88°54'28" WEST, A DISTANCE OF 283.36 FEET TO SAID EASTERLY RIGHT-OF-WAY OF SOUTH PRAIRIE AVENUE; THENCE NORTH 01°05'45" WEST ON SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. THE ABOVE PARCEL DESCRIPTION CONTAINS A CALCULATED AREA OF 33,015 SQUARE FEET OR (0.75792 ACRES), MORE OR LESS, AND IS DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR REFERENCE. are hereby vacated. SECTION 2. The officers and staff of the City are authorized 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. 2283784 07/08/2022 03:14:36 PM Page: 3 of 3 R 23.00 D 0 00 T 23.00 Gi,Oert Ortiz CierkfRecotoer, Pueb,o County: Co VIII Niirar.liqlrkkiNorblai hiPif:irTinliiiiiiiiiiii 111111 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 8, 2021. Final adoption of Ordinance by City Council on February 22, 2021. President of City Council Action by the Mayor: AApproved on a• g-4 9-0•1 1. ❑ Disapproved on based on the following objections: ,v7(e.e4;epeiv ir:adc:44.9477, Mayor Action by City Council After Disapproval by the Mayor: ❑ Council did not act to override the Mayor'sveto. ❑ Ordinance re-adopted on a vote of , on ❑ Council action on failed to override the Mayor's veto. President of City Council ATTEST 4�r,Lci'0o 0 /fir ► ` r i ' 7 itY Clerk u ��,'�f'�'' % J000VEA ray, ,,00, / .^` 1 4, City Clerk’s Office Item # R-6 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: February 8, 2021 TO: President Lawrence W. Atencio 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 THE REMAINING PORTION OF CRAWFORD STREET AND A PUBLIC UTILITY EASEMENT LOCATED EAST AND SOUTH OF THE EXISTING CRAWFORD STREET SUMMARY: The applicant is requesting to vacate the remaining portion of Crawford Street and a Public Utility Easement that is located east and south of the existing Crawford Street. PREVIOUS COUNCIL ACTION: The eastern portion of Crawford Street was vacated by Ordinance No. 9432 on February 25, 2019 to facilitate the second phase of the Uplands Townhomes development. BACKGROUND: The Pueblo Housing Authority is requesting to vacate the remaining portion of Crawford Street, which intersects with South Prairie Avenue, and the Public Utility Easement that runs adjacent to Crawford Street along the eastern and southern portions of the street. The vacation of Crawford Street and utility easement is necessary to facilitate the third and fourth phases of the Uplands Townhome development, including the proposed Uplands Townhomes Filing No. 3 Subdivision which has been concurrently submitted. Uplands Townhome Subdivision Filing, No. 3, includes the dedication of Alma Avenue providing a third access to the development from Sprague Avenue since the Crawford Street access will be abandoned. With the future Uplands Townhomes Subdivision, Filing No. 4, Tribal Nations Avenue will be platted and will connect with Prairie Avenue to the west. The proposed Crawford vacation will allow the Housing Authority to utilize the vacated street for private use and future development. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their January 13, 2021 Regular Meeting, voted 7-0 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 streets and alleys within the Sunnyside Subdivision will remain and impede the City’s ability to complete future park improvements. 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 January 13, 2021 Public Hearing Memorandum from the Department of Public Works Dated January 19, 2021 Planning and Zoning Commission Staff Report with Attachments and Exhibits