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HomeMy WebLinkAbout06783Reception 1429893 03/15/2002 ORDINANCE NO. 6783 AN ORDINANCE VACATING A DRAINAGE EASEMENT COMMONLY KNOWN AS EAGLECROSS SUBDIVISION NORTH OF ELIZABETH AND WEST OF I -25 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. All of the Detention Easement in Lot 4, Block 2, Eaglecross Subdivision is hereby vacated. SECTION 2. With the recommendation of the Planning and Zoning Commission, this ordinance is approved with the following conditions: 1. A new detention facility shall be built on Lot 3, Block 2, Eaglecross Subdivision prior to the current detention facility located on Lot 4, Block 2, Eaglecross Subdivision being demolished. 2. The owner of Lot 4, Block 2, Eaglecross Subdivision shall be responsible for the ongoing maintenance of the new drainage easement on Lot 3, Block 2, Eaglecross Subdivision and shall enter into a written agreement to that effect. 3. The owner of Lot 4, Block 2, Eaglecross Subdivision shall dedicate a drainage easement for drainage into the new detention facility on Lot 3, Block 2, Eaglecross Subdivision. SECTION 3. This ordinance shall become effective immediately upon acceptance of the new facility by the Director of Public Works. t A INTRODUCED: February 11, 202 BY: Al GLm 1 e CO IL PERSON ~~�. APPROVED: ; 3r. CITY CLERK PRESIDENT OF CITY COUNCIL PASSED AND APPROVED: Eebruary 25, 2002 L) Background Paper for Proposed ORDINANCE AGENDA ITEM # DATE: FEBRUARY 11, 2002 1 $07a DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT/ JIM MUNCH TITLE AN ORDINANCE VACATING DRAINAGE EASEMENT COMMONLY KNOWN AS EAGLECROSS SUBDIVISION NORTH OF ELIZABETH AND WEST OF I -25 ISSUE Shall City Council approve a request to vacate drainage easement on the Eaglecross Subdivision? RECOMMENDATION The Planning and Zoning Commission voted 7 -0 to recommend approval of the drainage easement vacation subject to the following conditions: 1. A new detention facility shall be built prior the current detention facility being demolished. 2. The owner of Lot 4, Eaglecross Subdivision shall be responsible for the ongoing maintenance of the new drainage easement on Lot 3, Eaglecross Subdivision. 3. The applicant shall dedicate a drainage easement for the new detention facility on Lot 3, Eaglecross Subdivision. BACKGROUND The applicant is proposing to vacate a drainage easement in preparation for development of a structure that is on Lot 4, Eaglecross Subdivision. The existing detention pond is constructed on Lot 4. The applicant is proposing to construct a new detention pond on an adjacent lot they also own which is Lot 3, Eaglecross Subdivision. The developer will need to dedicate a new drainage easement and construct a new detention pond on Lot 3. In addition the Public Works Department has indicated the owner shall enter an agreement to maintain the detention facility. FINANCIAL IMPACT None