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Home My WebLink About06390Reception 1256956 01/06/1999 ORDINANCE NO. 6390 AN ORDINANCE VACATING THE EAST -WEST ALLEY LYING SOUTH OF 17TH STREET BETWEEN GREENWOOD AND NORTH ELIZABETH STREETS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. All of the alley being 16 feet in width, in Block 7, Bartlett and Miller's Addition to Pueblo, according to the recorded plat thereo, filed for record February 9, 1872, is hereby vacated, reserving, however, to the City of Pueblo and utility owners the right at all times to repair, operate or replace exiting utilities and sewer and water lines, and mains together with the right of ingress and egress to accomplish same. SECTION 2. The reservation set forth in Section 1 hereof shall automatically terminate upon recording in the Pueblo County Clerk and Recorder's office a verified statement of the Director of Public Works of the City of Pueblo certifying that all utilities and sewer and water lines and mains existing in said vacated alley have been removed or abondoned. SECTION 3. This ordinance shall become effective immediately upon final passage and approval. 111111111111 1111111111111111111111111111111111111111 IN 1236956 01/06/1999 09:59A ORD Chris C. Munoz 2 of 2 R 11.00 D 0.00 Pueblo C!y Clk 8 Rec. y +J rtv t� - lity Clerk INTRODUCED December 14 , 1998 BY Rich Golenda Councilperson APPROVED President the ouncil 12/3/98 Reception 1256917 01/06/1999 PRIVATE SEWER EASEMENT AGREEMENT AND COVENANT THIS AGREEMENT made and entered into this day of , 1998 by and between PARKVIEW ANCILLARY SERVICES and PARKVIEW HEALTH SYSTEMS, INC. In consideration of the City of Pueblo vacating the alley described in this agreement and the mutual covenants and agreements set forth herein, the parties enter into this agreement. PARKVIEW ANCILLARY SERVICES is currently the owner of Lots 1 through 8, both inclusive, Block 7 in Bartlett and Miller's Addition to the City of Pueblo. PARKVIEW HEALTH SYSTEMS, INC. is currently the owner of Lots 1 and 2, Block 1 in Parkview Health Systems Subdivision (a resubdivision of Lots 9 through 16, both inclusive, Block 7 in Bartlett and Miller's Addition to the City of Pueblo). For convenience of operations of their respective properties, both parties wish to have the alley in said Block 7 vacated and have made application to the City of Pueblo to vacate said alley. Currently existing in said alley, is a public sanitary sewer main which serves the lots in said Block 7. Upon vacation of the alley, this sewer will become a private sanitary sewer and will cease to be maintained, operated and /or replaced by the City of Pueblo. Both parties agree hereto to maintain, operate and /or replace said private sanitary sewer effective as of the date of approval by the City of Pueblo of the alley vacation. Also, both parties hereby grant a perpetual private easement across the vacated alley for the purpose of maintaining, operating and /or replacing said private sanitary sewer. PARKVIEW HEALTH SYSTEMS, INC. enters into this agreement solely for the purpose of the alley vacation, the private sewer and the perpetual easement and not with respect to the following covenant, which is the sole responsibility of PARKVIEW ANCILLARY SERVICES. PARKVIEW ANCILLARY SERVICES, as owner of said Lots 1 through 8, covenants and agrees with the City of Pueblo that none of these lots shall be sold unless arrangements, satisfactory to the City, have been made to serve these lot(s) with sanitary sewer. This covenant shall run with the land and may be enforced by the City of Pueblo in an action at law or in equity or by withholding building permits or subdivision approvals. In the event of such litigation, the successful party shall be awarded its Court costs and attorney fees. This agreement shall neither be amended nor modified without the written consent of the City of Pueblo. 1 111111 IIIII IIIII 111111 1111111111111111 iii 111111111 IN 1236957 01/06/1999 09:59A AGREE Chris C. ML 2 of 2 R 11.00 0 0.00 Pueblo C!y Clk & Roe. This agreement shall be recorded contemporaneously with the recording of the alley vacation plat. The agreement shall inure to the benefit of and be binding upon the parties, their heirs, personal representatives, successors and assigns. PARKVIEW ANCILLARY SERVICES By: C.W. / , ee,;%�� ith, Chairman By: dye&a - — Dave Hample, President STATE OF COLORADO) ) ss. CODUEBLO ) PARKVIEW HEALTH SYSTEMS, INC. By: 2 C.W. Smith; ilHhiera .. k*QO ''eg ement was acknowledged before me by C.W. Smith as Chairman and W 'I61� s -P sident of Parkview Ancillary Services on the day 1998. mmission expires: STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) /z /o` 9 i;1"' Notary Public T ing agreement was acknowledged before me by James McKinney as h %r�r 4h-a C.W. Smith as President/CEO of Parkview Health Systems, Inc. on the { �} ay of 1998. My ommission expires: . ev r Notary P lic x . i� r r D D D City of Pueblo JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT Director of Planning DATE: November 19, 1998 TO: Pueblo City Council FROM: City of Pueblo, Planning and Zoning Commission SUBJECT: CASE NO. V- 98- 9- -ALLEY VACATION EAST /WEST ALLEY SOUTH OF WEST 17TH STREET BETWEEN ELIZABETH AND GREENWOOD STREETS SYNOPSIS BACKGROUND: The applicants request the vacation of an unimproved alley for the convenience of the adjacent properties. ISSUES: The applicant has satisfied all development concerns cited by staff. RECOMMENDATION: The Commission recommends approval by a 5 -0 vote. GENERAL INFORMATION Applicant: Parkview Ancillary Services and Parkview Health Services, Inc. Owner of Property: City of Pueblo Location: East /West Alley South of West 17th Street between Elizabeth and Greenwood Streets. Existing Zone: R -5 /Multiple Family and Office District (See Attached ZONING /LOCATION MAP). Request: Alley Vacation Purpose: Convenience of Adjacent Properties. Existing Land Use: Unimproved Alley (See Attached SITE PHOTO). 211 E. T" Street, P.O. Box 1427 Pueblo, Colorado 81002 -1427 (719) 543 -6006 Fax (719) 543 -0572 T City of Pueblo, Planning and Zoning Commission Case No. V -98 -9 November 19, 1998 Page Two SPECIAL INFORMATION Public Utilities: -- Water: Easements need not be retained. -- Sanitary Sewer: Adjacent owner has proposed a private sewer easement and convenants. - -Storm Sewer: Easements need not be retained. -- Transportation: The vacation will not interfere with pedestrian or traffic flow. -- Planning: A memorandum to the Commission from the Subdivision Review Committee dated November 5, 1998, states as follows: "This vacation plat would vacate the alley right -of -way from Grand Avenue to Greenwood Street between West 16th and West 17th Streets. There area existing utilities in this alley. The sanitary sewer main in the alley serves only the lots adjacent to the alley. If the adjacent property owners sign an agreement accepting the existing public main as a private sewer main Public Works Department has no objections to the vacation. The private sewer main will be owned and maintained by the adjacent property owners. Reservations for other existing utilities will be required. The Subdivision Review Committee recommends that approval of this plat be CONTINGENT upon the adjacent property owners entering into an agreement with the City to accept the existing public main as a private sanitary sewer main and agree to maintain the private main." ANALYSIS The applicants have requested the vacation of the East /West alley south of West 17th Street between Greenwood and Elizabeth Streets. The property north of the alley (Parkview Ancillary Services) contains a medical building and parking lot. The property south of the alley (Parkview Health Systems) contains a parking lot. Parkview Hospital exists to the east and single family residences to the west. The alley is presently unimproved. There are existing overhead power lines on the north side of the alley. The applicants have submitted a proposed private sewer easement agreement and convenants; whereby, upon vacation, the City would cease maintaining the existing sewer line. The agreement also states that no lots will be sold unless arrangements, satisfactory to the City, have been made for sewer service. A reservation may be necessary for existing overhead power lines. No other significant issues have been identified by staff. City of Pueblo, Planning and Zoning Commission Case No. V -98 -9 November 19, 1998 Page Three STAFF CONCLUSION Approval of the proposal is contingent on acceptance of the proposed private sewer easement agreement and possible reservation for existing power lines. PUBLIC HEARING MINUTES (NOVEMBER 11, 1998, SPECIAL MEETING) Dave Stravia, NorthStar Engineering, appeared before the Commission representing Parkveiw Hospital. He said they own the property on both sides of the alley. Mr. Stravia said he had received a copy of the Subdivision Review Committee's memorandum and had no problems with the changes they requested. He said a private sewer easement agreement and covenants will be required and need to be recorded. Parkview Hospital already signed this agreement. No one else appeared to be heard on this alley vacation request. Chairman Mabie made the staff report a part of the record and closed the hearing. COMMISSION DECISION (NOVEMBER 11, 1998, REGULAR MEETING) Mr. Lytle, seconded by Mr. Ahlenius, moved to recommend approval subject to the conditions set forth in the Subdivision Review Commitee's memorandum dated November 5, 1998. Motion carried 5 -0. VPM /sw ATTACHMENTS ZONING /LOCATION MAP SITE PHOTO � I CITY O F : • O F PL D EVEL O PMENT 1111 il�ll 1111111 IT 1 1I i O� II 1 111111111�111l�I�1��.11 � -� �1 1 .1 11 - �:. - 111111 � 1: • �■ 1� � ■ter � �- � � :., •: • • • RE LOCATION: EASTNEST ALLEY SOUTH OF WEST 17TH STREET BET14EEN ELIZABETH/GREEN74T(Pi • I 0 ..................................................................................................................................................................................................................................... ............................... AUEF VA CA F §om BLOCK 7, BARTLETT AND MILLER'S ADDITION 17Th' STREET RfL 7 fJMA w G4 77. ,q+aMU—o wx�.c. , :V p.000E0. CYaIJVd:I Sr• eJal :�, tfKK� -- io I� W } � 1is� I� f� t� CQ O m cd al ,161,1? PARKVlEW HEALT SUBDIVISION BLOCK LOT I no 3 1 2 1 1 SYSTEM LOT 2 W t ° o s 16TH STREET (VACATED) 2 MILLER'S ADDITION w S��1CYi W .9 :fae Cdiq, IMN V.. 4 i-t 17 th, : ^ Wb T. ft wd W. 1416x11 �,bAfoet Set HxM «Y.KY.e s :Ne :. —doee pl>pi. 1 41 -4. fl. ew fs —tt . 'SD:LC y fL :Arl. QR.' IJtOV�'CiL :f! 9'N &,,.a �'y 011* wt .A —ro9e .4. { M1•/y. S. 1r iRviV N f« :»r.nb.s.i f4 n)lo+:ticaw d �t)see:d. �tes«a ?Ot-0l�'n P.7 ael fi: -fie hdF'0.v?F.6xc M+n rYtViM7e.:, P.C.. 1 <. 4..d ]:� ktroee ft". ✓each aurs i i j of OodG L. str «a f'4foaKaNi iorA fv�oger } � 1is� I� f� t� fR t� i i� r. �rwRO.c>raoeavw�v..urs�s�q we JN 9100D02 CFMP,V .E NC. oexrxAUies. essnfrae >oa: , �. MEMORANDUM TO: Planning and Zoning Commission FROM: Subdivision Review Committee SUBJECT: V -98 -9 ALLEY VACATION - E/W ALLEY SOUTH OF 17 ST. DATE: November 5, 1998 This vacation plat would vacate the alley right -of -way from Grand to Greenwood between 16"' and 17"' Streets. There are existing utilities in this alley. The sanitary sewer main in the alley serves only the lots adjacent to the alley. If the adjacent property owners sign an agreement accepting the existing public main as a private sewer main, Public Works Department has no objections to the vacation. The private sewer main will be owned and maintained by the adjacent property owners. Reservations for other existing utilities will be required. The Subdivision Review Committee recommends that approval of this plat be CONTINGENT upon the adjacent property owners entering into an agreement with the City to accept the existing public main as a private sanitary sewer main and agree to maintain the private main. xc: Parkview Medical Center 405 W. 15 St. Pueblo, CO 81003 NorthStar Engineering & Surveying, Inc. 911 East 5th St. Pueblo, CO 81002