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City Clerk's Office Item # R8
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: June 12, 2023
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Scott Hobson, Acting Director Planning and Community Development
SUBJECT: AN ORDINANCE VACATING A 40-FOOT UTILITY, DRAINAGE, AND
INGRESS/EGRESS EASEMENT THAT RUNS DIAGONALLY
THROUGH PARCEL B, REARRANGEMENT OF PROPERTY
BOUNDARIES, AMENDED PLAT, UNIVERSITY PARK 30TH FILING
SUMMARY:
The applicant is requesting to vacate a 40-foot utility, drainage, and ingress/egress
easement that runs diagonally through Parcel B, Rearrangement of Property
th
Boundaries Amended Plat, University Park 30 Filing.
PREVIOUS COUNCIL ACTION:
The applicant is concurrently requesting to re-subdivide Parcel B, of the
Rearrangement of Property Boundaries, Amended Plat, of University Park Subdivision
thrd
30 Filing into Lot 1, Block 1, University Park Subdivision, 33 Filing.
BACKGROUND:
The 40-foot Utility, Drainage, and Ingress/Egress Easement that is proposed to be
vacated, was subdivided in 1983 to provide utility and drainage services within Lot 2
th
and access to Lot 3, University Park Subdivision 30, Filing (currently Lots 1 and 3,
st
Block 1, University Park Subdivision, 31 Filing). The proposed University Park
rd
Subdivision 33 Filing, establishes a 24-foot access easement running west along the
northern property line and south adjacent to the 15-foot Trail Easement located along
the western property line; providing access to Lots 1 and 3, Block 1, University Park
st
Subdivision, 31 Filing. A 40-foot Utility and Drainage Easement, located along the
th
eastern property line, was established with the 30filing and provides adequate utility
and drainage; because of this, the 40-foot perpendicular easement that is proposed to
be vacated is redundant.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their April 12, 2023, 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, developable land will be limited 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:
1. V-23-03 Attachments
ORDINANCE NO. 10477
AN ORDINANCE VACATING A 40-FOOT UTILITY, DRAINAGE,
AND INGRESS/EGRESS EASEMENT THAT RUNS
DIAGONALLY THROUGH PARCEL B, REARRANGEMENT OF
PROPERTY BOUNDARIES, AMENDED PLAT, UNIVERSITY
PARK 30TH FILING
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following described street:
A 40 FOOT WIDE STRIP OF LAND BEING A PORTION OF SPECIAL WARRANTY
DEED RECORDED AT RECEPTION NO. 1675959,
AND ALSO BEING A PORTION OF SPECIAL WARRANTY DEED RECORDED AT
RECEPTION NO. 1675960 OF THE
COUNTY OF PUEBLO CLERK AND RECORDER OFFICE, BEING SITUATED IN THE
NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 20 SOUTH, RANGE 64 WEST
TH
OF THE 6 PRINCIPAL MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BASIS OF BEARINGS:
ALL BEARINGS ARE GRID BEARINGS OF THE COLORADO STATE PLANE
COORDINATE SYSTEM, SOUTH ZONE, NORTH AMERICAN DATUM 1983.
BEARINGS ARE BASED ON THE WEST LINE OF PARCEL “B” OF SAID
REARRANGEMENT OF PROPERTY BOUNDARIES AMENDED, AND IS CONSIDERED
TO BEAR N00°55'19"E, MONUMENTED ON THE SOUTH END OF THE LINE BY A
FOUND NO. 4 REBAR WITH A PLASTIC CAP STAMPED, "CALVADA PLS 36580" AND
ON THE NORTH END OF THE LINE BY A FOUND NO. 4 REBAR WITH A PLASTIC
CAP STAMPED, "PLS 6128."
COMMENCING AT THE SOUTHEAST CORNER OF SAID SPECIAL WARRANTY DEED
RECORDED AT RECEPTION NO. 1675960; THENCE WITH THE SOUTH LINE OF
SAID SPECIAL WARRANTY DEED, N77°53’32”W, A DISTANCE OF 179.87 FEET TO
THE POINT OF BEGINNING;
THENCE CONTINUING WITH SAID SOUTH LINE, N77°53’32”W, A DISTANCE OF
40.29 FEET;
THENCE N18°59’38”E, A DISTANCE OF 276.12 FEET;
THENCE S26°09’42”E, A DISTANCE OF 56.42 FEET;
THENCE S18°59’38”W, A DISTANCE OF 231.50 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIPTION CONTAINS 10,152 SQUARE FEET OR 0.23 ACRES,
MORE OR LESS.
is 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.
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 May 22, 2023.
Final adoption of Ordinance by City Council on June 12, 2023.
____________________________
President of City Council
Action by the Mayor:
☒ Approved on _June 14, 2023____.
☐ 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