HomeMy WebLinkAbout07278IIII II V III I VIII I I III I IIII II I V III 1651797 00 35A
Chris C, Munoz Pueb1oCtyC1k&Rec ORD R 16.00 D 0.00
ORDINANCE NO. 7278
AN ORDINANCE APPROVING VACATING CERTAIN STREETS
AND ALLEYS WITHIN MATTICE AND GIBSON'S ADDITION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
Certain streets and alleys within Mattice and Gibson's Addition and more
particularly described as follows:
Certain streets and alleys and portions of streets and alleys in Mattice and Gibson's
Addition to the City of Pueblo, County of Pueblo, State of Colorado, according to the
recorded plat thereof filed for record November 10, 1899 in Book 8 at Page 42 in the
records of the Pueblo County Clerk and Recorder, said portions of streets and alleys
being more particularly described as follows:
All of La Cross Avenue (platted as Mesa Street), lying East of Block 42, in said Mattice
and Gibson's Addition to the City of Pueblo;
-And -
All of said La Cross Avenue lying South of vacated Fir Street, and north of the following
described line:
BEGINNING at a point on the west line of Block 56, in said Mattice and Gibson's
Addition to the City of Pueblo said point being 39.49 feet South of the NW corner of Lot
15 of said Block 56; thence southeasterly 205.5 feet to a point on the south line of said
Block 56 said point being 161.9 feet West of the SE corner of said Block 56; thence
continuing along last said southeasterly direction a distance of 164.5 feet to a point;
thence southeasterly a distance of 18.28 feet to the NE corner of Block 57, in said
Mattice and Gibson's Addition to the City of Pueblo; thence continuing along last said
southeasterly direction a distance of 74.07 feet to a point east line of said Mattice and
Gibson's Addition to the City of Pueblo, 63.2 feet south of the south right of way line of
Ilex Street being the POINT OF TERMINUS;
-And -
All of Ilex Street lying east of the preceding described line;
-And -
All of Kingston Avenue (platted as Capitol Street), lying West of said Block 42;
-And -
All of said Kingston Avenue lying South of said vacated Fir Street, and north of the
following described line:
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Chris C. Munoz Pueb1oCtyC1k4Reo ORO R 16.00 D 0.00
BEGINNING at the northeast corner of Lot 28, Block 55, in said Mattice and Gibson's
Addition to the City of Pueblo, thence southeasterly a distance of 89.17 feet to the
POINT OF TERMINUS on the west line of Lot 15, in said Block 56, said point being
39.49 feet south of the NW corner of said Lot 15;
-And -
All of Grenadillo Street lying between Blocks 49 and 50; and between Blocks 48 and 51
in said Mattice and Gibson's Addition to the City of Pueblo, lying east of the following
described line:
BEGINNING at a point on the north line of Lot 14, in said Block 51 which is 20.0 feet
east of the NW corner of said Lot 14, thence northwesterly a distance of 80.62 feet to
the POINT OF TERMINUS on the south line of said Block 48 said point being 10.0 East
of the SW corner of Lot 15, in said Block 48;
-And -
All of Hickory Street lying between Blocks 50 and 56; and between Blocks 51 and 55
in said Mattice and Gibson's Addition to the City of Pueblo, lying east of the following
described line:
BEGINNING at the NW corner of Lot 10 in said Block 55, thence northwesterly a
distance of 94.24 feet to the SW corner of Lot 17, in said Block 51 being the POINT OF
TERMINUS;
-And -
All of Fir Street lying between Blocks 43 and 48, in said Mattice and Gibson's Addition
to the City of Pueblo,
EXCEPTING THEREFROM the west 10.0 feet;
-And -
FURTHER EXCEPTING THEREFROM a strip of land, 60.00 feet in width, 30.00 feet on
each side of the following described centerline:
BEGINNING at a point on the centerline of said Fir Street, said point being 10 feet East
of the east right of way line of Joplin Street (platted as Park Street); thence East, along
said centerline, a distance of 53.34 feet; thence along the arc of a curve to the right,
having a central angle of 33 °19'26 ", a radius of 250.00 feet, a distance of 145.40 feet to
the POINT OF TERMINUS on the north line of said Block 48 said point being 199.0 feet
East of the NW corner of said Block 48;
-And -
All of the Alley in Block 43, in said Mattice and Gibson's Addition to the City of Pueblo;
-And -
All of the Alley in Block 48, in said Mattice and Gibson's Addition to the City of Pueblo,
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Page: 035A
Chris C. Munoz PuebloCtyClk &Rec ORD R 16.00 D 0.00
EXCEPTING THEREFROM the west 10.0 feet;
-And-
All of the Alley in Block 51, in said Mattice and Gibson's Addition to the City of Pueblo,
lying east of the following described line:
BEGINNING at the SW corner of Lot 17, in said Block 51; thence northwesterly a
distance of 257.91 feet to the POINT OF TERMINUS on the north line of said Block 51
said point being 20.0 feet west of the NW corner of said Block 51;
-And -
All of the Alley in Block 55, in said Mattice and Gibson's Addition to the City of Pueblo,
lying east of the following described line:
BEGINNING at the northeast corner of Lot 28, in said Block 55; thence northwesterly a
distance of 53.30 feet to the southwest corner of Lot 2, in said Block 55 being the
POINT OF TERMINUS;
-And -
All of the Alley in Block 56, in said Mattice and Gibson's Addition to the City of Pueblo.
are hereby vacated.
SECTION 2.
This ordinance shall become effective immediately upon final passage and
approval.
cRrM
ATTESTED BY
4
0
INTRODUCED: February 14, 2005
BY: Michael Occhiato
COUNCILPERSON
,/ 4 1
Q APPROVED: , / /
PRESIDE OF CIT NCIL
ITY CLERK
PASSED AND APPROVED: February 28, 2005
DATE: FEBRUARY 14, 2005
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP
TITLE
AN ORDINANCE APPROVING VACATING CERTAIN STREETS AND
ALLEYS WITHIN MATTICE AND GIBSON'S ADDITION
ISSUE
Shall City Council approve vacating certain streets and alleys for the purpose of
residential and commercial development?
RECOMMENDATION
The Planning Commission, at their November 10, 2004 regular meeting, voted
unanimously to recommend approval.
BACKGROUND
River's Run Subdivision generally located on the eastside of Pueblo and east of
the Fir Street and Joplin Avenue intersection, northwest of Joplin Avenue at
Portland Avenue (formally Walter's Brewery). The applicant is requesting the
vacation in order to redevelop the surrounding properties. Public Works staff
confirmed that the applicant has complied with all items listed in the Subdivision
Review Committee memo dated February 1, 2005. This application is concurrent
with Subdivision S- 04- 15(a), which the Planning and Zoning Commission also
voted unanimously to recommend approval.
FINANCIAL IMPACT
None.
SAD AND l-L-A VACAVION --Jb *P
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1111 V I VIII I 165 0 4
Chris C. Munoz Pueb1OCtyC1k4Rsc EASE R 21.00 D 0.00
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 25th day of MaV , 2005 by
J B T N LLC Grantor, to PUEBLO, a Municipal Corporation, Grantee:
WITNESSETH:
THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable
consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to
Grantee, its successors and assigns, an easement and right of way for the purpose of storm sewer
in, through, over, and r and across Grantor's property situated m Pueblo County,
Colorado, commonly known as L and described as follows: (the
"Property")
See attached Exhibit "A"
TOGETHER WITH the right to enter upon the Property for the purposes of construction,
replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of
Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose
not inconsistent with the right and privilege above granted and which will not interfere with or endanger
any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in
no event include the right to locate or erect or cause to be located or erected on the Property any building
or any other structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the
Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and
peaceful possession of the Property and easement and right -of -way against all persons who may lawfully
claim title to the property.
"Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be
binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns
of the Grantor and Grantee.
SIGNED this 25th day of May 2005
GRANTOR
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
By: i err..
— —
JBTNLLC
Timothy J. Beltramo, Partner
The foregoing instrument was acknowledged befo , me t 's day of
L, Xi 1 _ ,by dd3�
Witness my hand and official seal.
as itkp� mission expires:
A _
71 5
Notary Public
a ` ,
�. ^ r-
111�111 1 1 111 1 111 111 I III
Page: 0of 4
Chris C. Munoz PuebloCtyClk &Reo EASE R 21.00 D 0.00
EXHIBIT "A"
LEGAL DESCRIPTION
An easement lying within a portion of the NW 1/4 of Section 5, Township 21 South,
Range 64 West of the Sixth Principal Meridian, being more particularly described as
follows:
An easement for the purpose of a storm sewer line being more particularly described as
follows:
BEGINNING at the intersection of the southerly right -of -way line of Portland Avenue
and the northeasterly right -of -way line of Joplin Avenue from which the NW corner of
said Section 5 bears S 72 °01'44 "W, (bearings based on the line between the said NW
corner of Section 5, also known as Pueblo County GPS Monument No. 1405, being a
lead plug and tack in a stone, in a cast iron monument box, and Pueblo County GPS
Monument No. 7, being a No. 7 rebar, to bear S 04 °32 '49 " E, based on the Colorado
State Plane Coordinate System, South Zone) a distance of 39.87 feet; thence
N 88 °59'51 "E along the said northerly right -of -way line of Portland Avenue, a distance
of 16.66 feet to a point being 20.00 feet east of the easterly right -of way line of U.S.
Highway No. 227; thence S 02 °52'36 "E, parallel and 20.00 feet east of the said easterly
right -of way line of U.S. Highway No. 227, a distance of 874.15 feet; thence
S 44 °23'36 "E, a distance of 199.01 feet to a point on the centerline of an existing storm
sewer line which lies within Stockyard Road (no known right -of -way); thence
S 89 °07'35 "W, along said centerline, a distance of 27.58; thence N 44 °23'36 "W, a
distance of 187.59 feet to a point of the said easterly right -of —way line of U.S. Highway
No. 227; thence N 02 °52'36 "W, a distance of 831.51 feet to a point on the southerly
right -of -way line of said Joplin Avenue; thence along the said southerly and said
northeasterly right -of -way line of Joplin Avenue the following two (2) courses:
1.) S 77 °55'33 "E, a distance of 12.89 feet;
2.) N 12 °25'46 "W, a distance of 54.85 feet to the POINT OF BEGINNING.
Said easement contains 21,025 s.f.
RANDY .REEVES DATE
PROFESSIONAL LAND SURVEYOR NO. 22101
Rivers Run Development, LLC
"A Spectacular Bluff Top Community In the Making"
1300 Court Street Pueblo, CO 81003 Pueblo, Colorado
Phone: (719) 5443655
May 31, 2005
JBTN, LLC
1541 Stock Yard Road
Pueblo, Co 81006
RE: Storm Sewer Easement Agreement
Gentleman:
Fax: (719) 544 -3598 Cellular: (719) 251 -9755
11111111111111111111111111111111111111111111111111111111 65 0 09935A
0
Chris C. Munoz PuebjoCtyC1k&Rsc EASE R
In regards to the storm sewer easement that JBTN, LLC is conveying to Rivers Run Development, LLC.
Rivers Run Development, LLC agrees to the following conditions:
1. Rivers Run Development, LLC upon crossing the existing railroad spur will return the rails and rail bed to its
original condition to be fully operational as a railroad spur.
2. Rivers Run Development, LLC will provide a hook up to the existing 3" water main located on the west edge of
JBTN, LLC property line and will run the line under the proposed storm sewer line with a stub out connection to include
all appropriate valves, fittings, pipe and labor to complete the hook -up.
q ined• Rivers Run Development, L
Michael D. Bradley
Managing Partner
COUNTY OF PUEBLO
)ss.
STATE OF COLORADO )
91 oos
Date
The foregoing instrument was acknowledged before me this 31st day of May 2005 by Rivers Run
Develophient, LLC Michael D. Bradley, Managing Partner.
3 alrtaESs ny hand and official seal.
My cblb �'ss�on expires: r/ - a
o: ')40TAR y': 1
. A
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Notary Public