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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