HomeMy WebLinkAbout10709ORDINANCE NO. 10709
AN ORDINANCE VACATING A UTILITY EASEMENT WITHIN
LOT 1, NORTH PUEBLO COMMERCIAL PARK FILING 5
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following described portion of street right of way:
An easement being a portion of Lot 1, North Pueblo Commercial Park Filing No. 5, a subdivision
plat recorded under Reception No. 1194667 of the records of Pueblo County, Colorado, and
also being a portion of a private utility easement described under Reception No. 1194667, and
further being situated in the Northeast Quarter of Section 13, Township 20 South, Range 65
West of the 6th Principal Meridian, City and County of Pueblo, Colorado, being more particularly
described as follows:
BASIS OF BEARINGS:
All bearings referred to herein are based on the easterly line of Lot 1, North Pueblo Commercial
Park Filing No. 5 as recorded under Reception No. 1194667 of the records of Pueblo County,
being defined by found monuments as
fo
line and a mag nail with 1-
said line.
COMMENCING at the northeast corner of said Lot 1, North Pueblo Commercial Park Filing No.
5;
Thence , coincident with the easterly line of said Lot 1, a distance of 441.39
feet;
Thence , departing said easterly line, a distance of 109.70 feet, to an angle point
on the easterly line of a private utility easement described under Reception No. 1194667 of the
records of Pueblo County, Colorado and being the POINT OF BEGINNING of the herein
described easement vacation;
Thence coincident with the southeasterly courses of said private utility easement the following
thirteen
courses:
Thence , a distance of 154.78 feet;
Thence , a distance of 20.00 feet;
Thence , a distance of 105.50 feet;
Thence S 37°42'48" W, a distance of 15.00 feet;
Thence N 52°17'12" W, a distance of 10.00 feet;
Thence S 37°42'48" W, a distance of 12.00 feet;
Thence S 52°17'12" E, a distance of 10.00 feet;
Thence S 37°42'48" W, a distance of 14.00 feet;
Thence S 52°17'12" E, a distance of10.50 feet;
Thence S 37°42'48" W, a distance of 20.00 feet;
Thence N 52°17'12" W, a distance of 10.50 feet;
Thence S 37°42'48" W, a distance of 194.02 feet;
Thence , a distance of 72.72 feet, to an angle point on the easterly line of said
private utility easement;
Thence , crossing said private utility easement, a distance of 30.22 feet to an
angle point on north line of said private utility easement;
Thence coincident with the northerly and westerly courses of said private utility easement the
following three courses:
Thence S 52°17'12" E, a distance of 58.98 feet;
Thence N 37°42'48" E, a distance of 232.46 feet;
Thence N 02°54'24" W, a distance of 41.32 feet, to an angle point on the northerly line of said
private utility easement;
Thence , crossing said private utility easement, a distance of 33.08 feet, to
the POINT OF BEGINNING.
The above described easement contains 10,795 square feet, 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 April 22, 2024.
Final adoption of Ordinance by City Council on May 14, 2024.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
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 _____________
____________________________
President of City Council
ATTEST
________________________________
City Clerk
City Clerk's Office Item # S1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: May 13, 2024
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Scott Hobson, Acting Director Planning and Community Development
SUBJECT: AN ORDINANCE VACATING A UTILITY EASEMENT WITHIN LOT 1,
NORTH PUEBLO COMMERCIAL PARK FILING 5
SUMMARY:
The applicant is requesting to vacate a 10,795 square foot utility easement within Lot 1,
North Pueblo Commercial Park Filing 5.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
This proposed 0.25-acre private utility easement vacation is located within the 22-acre
Lot 1 of the North Pueblo Commercial Park subdivision recorded in 1997. The
easement bisects the southern edge of the proposed expansion to the Walmart
commercial building, preventing any new development on the area. The easement was
created for service utilities and is no longer needed for the property. These types of
easements are not typically recorded on subdivision plats. This vacation was proposed
to remove the platted easement and facilitate development, as the owners are in the
process of securing building permits for two commercial projects within the property,
specifically a building addition and new vehicle pull-up spaces for Walmart pickup
orders. City staff and other utility referral agencies have no objection to vacating this
private easement.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their March 13, 2024 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 easement will remain, which will
impede development of the site.
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-23-12 Attachments