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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 ? 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