HomeMy WebLinkAbout07215Reception 1592557
11/03/2004
ORDINANCE NO. 7215
AN ORDINANCE VACATING THE ALLEY IN BLOCK 2, CENTRAL
PUEBLO SUBDIVISION AND THE ALLEY IN BLOCK 1, MOORE'S
SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The alley within Block 2, Central Pueblo Subdivision and the alley in Block 1,
Moore's Subdivision and more particularly described as follows:
ALL THAT NORTH -SOUTH ALLEY LOCATED WITHIN BLOCK 1, MOORE'S
SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF FILED FOR
RECORD JUNE 19,1912 IN BOOK 10 AT PAGES 40 AND 41 IN THE RECORDS OF THE
PUEBLO COUNTY CLERK AND RECORDER FROM THE SOUTHEASTERLY RIGHT OF
WAY LINE OF MECHANIC STREET TO THE NORTHEASTERLY RIGHT -OF -WAY LINE
OF RICHMOND AVENUE.
FPM
ALL THE ALLEY LOCATED IN BLOCK 2, PLAN OF CENTRAL PUEBLO, ACCORDING
TO THE RECORDED PLAT THEREOF FILED FOR RECORD AUGUST 13 " , 1883 IN
BOOK 2 AT PAGE 31 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND
RECORDER, FROM THE WESTERLY LINE OF THE SAID NORTH -SOUTH ALLEY IN
BLOCK 1, MOORE'S SUBDIVISION TO THE SAID NORTHEASTERLY RIGHT -OF -WAY
LINE OF RICHMOND AVENUE,
are hereby vacated.
SECTION 2.
Thiv cWance shall become effective immediately upon final passage and
approu, . - "w e,�
INTRODUCED: September 27, 2004
BY: Michael Occhiato
4,r COU CILPERSON
°A RIft APPROVED:
Pik ESI T OF CITY COUNCIL
ATTESTED BY:
CLERK
PASSED AND APPROVED: Oct 12 2004
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # / 3
DATE: SEPTEMBER 27, 2004
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATORIMICHAEL SMYTH, AICP
TITLE
AN ORDINANCE VACATING THE ALLEY IN BLOCK 2, CENTRAL PUEBLO
SUBDIVISION AND THE ALLEY IN BLOCK 1, MOORE'S SUBDIVISION
ISSUE
Shall City Council approve the vacation of the alley in Block 2, Central Pueblo
Subdivision and the alley in Block 1, Moore's Subdivision?
RECOMMENDATION
The Planning and Zoning Commission voted 5 -0-1 (Lytle abstaining) at the
regular meeting of June 9, 2004 to recommend approval.
The applicant is requesting the vacation of a public right -of -way. It is the
recommendation of the Subdivision Review Committee (SRC) that the vacation
be approved based on the applicant having provided the requested Deed
Restriction. Public Works staff advises that the Deed Restriction accomplishes
the purpose of the Letter of Understanding. This makes the Letter of
Understanding between the applicant and the adjacent property owner, The
Urban Renewal Authority, unnecessary. The case was forwarded on this
premise.
FINANCIAL IMPACT
None
Reception 1592560
11/03/2004
FERGUSON®
a WOLSELEY company
Ferguson Enterprises, Inc.
Corporate Offices in Hampton Roads
12500 Jefferson Avenue
Newport News, VA 23602 -4314
Phone: (757) 874 -7795
FAX: (757) 989 -2501
Reply to: P.O. Box 2778
Newport News, VA 23609 -0778
www.ferguson.com
July 26, 2004
VIA FACSIMILE TRANSMISSION - (719) 586 -8974
AND REGULAR MAIL
Mr. Gary Trujillo
Chairman of the Urban Renewal Authority
201 S. Victoria Avenue
Pueblo, CO 81003
RE: ALLEY VACATION
175 SOUTH SANTA FE AVENUE
PUEBLO, COLORADO
Dear Mr. Trujillo:
I am writing on behalf of Ferguson Enterprises, Inc. to evidence Ferguson's consent and
agreement concerning the conveyance of a certain alleyway bisecting Ferguson's premises at the above -
referenced location. More particularly, Ferguson hereby covenants and agrees that in the event (i) the
Urban Renewal Authority and/or the City of Pueblo at a future date institutes action to acquire all or a
portion of the property either by voluntary purchase or through condemnation proceedings or (ii) the
URA and/or City and Ferguson enter into a voluntary purchase agreement for the entirety of the above
referenced property, Ferguson shall re- convey that portion of its land constituting the alleyway back to the
URA and/or the City without charge. We will, of course, need to reserve our right to seek condemnation
proceeds and other costs for the balance of our premises, but we recognize the URA's and City's
reluctance to pay for the alleyway portion which we are seeking to have deeded to us in order to clean up
the title to our premises.
This letter will also evidence Ferguson's commitment to the Urban Renewal Authority to grant to
the URA the first option to purchase Ferguson's entire property in the event Ferguson hereafter elects to
sell its premises, which sale shall be offered on market terms.
I am Ferguson Enterprises' Vice President of Facilities and therefore authorized to bind the
company in accordance with the covenants contained in this letter. Both the URA and the City may rely
on this representation without further inquiry
Products You Know. People You Trust'
I�
Mr. Gary Trujillo 1592560
004
Should you have any questions with respect to this letter or otherwise, please do not hesitate to
contact me.
Sincerely,
FERGUSON ENTERPRISES, INC.
Neil I. Rogers
Vice President - Facilities
NIR/kaj
cc: Randy Reeves(719)544 -0876
Steve Adcox
Reception 1592559
11/03/2004
LOT RESTRICTION
WHEREAS, Wolseley Investments, Inc. a Virginia Corporation (the "Owner ") is
the owner of fractional Lots 10, 11 and 12, Block 2, in the former Town of Central
Pueblo, now a part of the City of Pueblo, according to the recorded plat thereof filed for
record on August 13, 1883, Pueblo County, Colorado (the "Lots "); and
WHEREAS, Lots 10 and 11 would not front on a dedicated public right of way
with the vacation of the alley in Block 2.
WHEREAS, in order to induce the City of Pueblo to vacate the alley adjacent to
the Lots, the owner of the Lots has committed to restrict the sale and access to the Lots as
herein provided.
NOW THEREFORE, in consideration of the foregoing, the vacation of the alley
adjacent to the Lots, and covenants contained herein, Owner does hereby agree as
follows:
1. The Lots shall not be sold, transferred, encumbered or conveyed as individual
lots but must be sold, transferred, encumbered or conveyed jointly as a unit
2. Access to the Lots will be through Lot 12, Block 2, Central Pueblo, located on
the right of way of Richmond Avenue, Pueblo, Colorado.
3. This Lot restriction is and shall be construed as a covenant running with the
Lots and binding upon and inuring to the benefit of Owner and enforceable by
the City of Pueblo.
4. This Lot restriction may not be cancelled, modified, amended or waived by
Owner without the prior written consent of the City of Pueblo.
Executed at Newport News, Virginia the 7 day of Ste 2004.
WOLSELEY INVESTMENTS, INC.
B
EWART P. MITCHELL, VICE PRESIDENT
STATE OF VIRGINIA )
) S.S.
CITY OF NEWPORT NEWS)
The foregoing instrument was acknowledged before me this 2�day of
2004 by Stewart P. Mitchell, Vice President of Wolseley Investments,
19C.
c. ..,
Witness my hand and official seal.
My commission expires: 71:04 6 ?
N
F.
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