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Home My WebLink About07816Reception 1771600 06/06/2008 ORDINANCE NO. 7816 AN ORDINANCE VACATING THE STREET AND ALLEY LOCATED ALONG THE EASTERN PROPERTY BOUNDARY OF THE BETHLEHEM SQUARE APARTMENTS, SOUTH OF 13 STREET, NORTH OF 11 STREET AND EAST OF ADEE AVENUE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The following described portion of the alley in Block 11, a portion of the alley in Block 20, and a portion of 12 Street in Adee Chamberlin and Wiley's Subdivision: A vacation of a portion of an existing (16) sixteen foot wide platted alley, in Block 11, Adee, Chamberlin and Wiley's Subdivision, located in the Southwest Quarter of Section 26, Township 20 South, Range 65 West of the 6 P. M., City of Pueblo, County of Pueblo, State of Colorado, being more particularly described as follows: CONSIDERING a Westerly line of a parcel of land described at Book 1766, Page 551, of the records of the Pueblo County, to bear South 00 °00'00" West, a distance of 136.00 feet between the Northwest Corner of Lot 17 and the Northwest Corner of Lot 37, all in Block 20, Adee, Chamberlin, and Wiley's Subdivision, Second Filing, with all bearings contained herein relative thereto. COMMENCING at said Northwest Corner of Lot 17, thence South 70 0 36'07" East, a distance of 361.30 feet to the Southwest Corner of Lot 8, Block 11, Adee, Chamberlin and Wiley's Subdivision, also being a point on the West line of said Subdivision and the POINT OF BEGINNING; thence along the South line of Lots 8, 9 and 10 of said Block 11, South 90 0 00'00" East, a distance of 72.86 feet; thence departing said South line, South 00 0 00'00" West, a distance of 16.00 feet to a point on the North line of Lot 30 of said Block 11; thence along the North line of Lots 30, 29 and 28 of said Block 11, South 90 West, a distance of 72.57 feet to the Northwest Corner of Lot 28 of said Block 11, also being a point on the West line of said Subdivision; thence along the West line of said Subdivision, North 01 0 0215' West, a distance of 16.00 feet to the Southwest Corner of Lot 8 of said Block 11, said point being the POINT OF BEGINNING. Said vacation containing 1,163 square feet, or 0.03 acres, more or less. AND - - -- - - - -- - - 1771600 ORD 06/06/2008 11:20:24 AM Pa e: 1 of 3 R 16.00 D 0.00 T 16.00 Gi pert Ortiz ClerklRecorder, Pueblo County, Co ■ilI1��11 RRrU4�l�r'hduJ'I 'IRIklT.WhAWWitIII A vacation of a portion of an existing (16) sixteen foot wide platted alley, in Block 20, Adee, Chamberlin and Wiley's Subdivision, located in the Southwest Quarter of Section 26, Township 20 South, Range 65 West of the 6 th P.M., City of Pueblo, County of Pueblo, State of Colorado, being more particularly described as follows: CONSIDERING a Westerly line of a parcel of land described at Book 1766, Page 551, of the records of the Pueblo County, to bear South 00 °00'00" West, a distance of 136.00 feet between the Northwest Corner of Lot 17 and the Northwest Corner of Lot 37, all in Block 20, Adee, Chamberlin, and Wiley's Subdivision, Second Filing, with all bearings contained herein relative thereto. COMMENCING at said Northwest Corner of Lot 17, thence South 37 0 15'37" East, a distance of 572.94 feet to the Southwest Corner of Lot 8, Block 20, Adee, Chamberlin and Wiley's Subdivision, also being a point on the West line of said Subdivision and the POINT OF BEGIINNING; thence along the South line of Lot 8, South 90 0 00'00" East, a distance of 16.77 feet; thence departing said South line, South 00 0 00'00" West, a distance of 8.00 feet; thence South 90 East, a distance of 65.00 feet; thence South 00 0 00'00" West, a distance of 8.00 feet to the Northeast Corner of Lot 30, of said Block 20; thence along the North line of Lots 30, 29 and 28 of said Block 20, South 90 West, a distance of 81.48 feet to the Northwest Corner of Lot 28 of said Block 20, also being a point on the West line of said Subdivision; thence along the West line of said Subdivision, North 01 0 02'15" West, a distance of 16.00 feet to the Southwest Corner of Lot 8 of said Block 20, said point being the POINT OF BEGINNING. Said vacation containing 786 square feet, or 0.02 acres, more or less. IM A vacation of a portion of 12 Street, Adee, Chamberlin and Wiley's Subdivision, located in the Southwest Quarter of Section 26, Township 20 South, Range 65 West of the 6 th P. M., City of Pueblo, County of Pueblo, State of Colorado, being more particularly described as follows: CONSIDERING a Westerly line of a parcel of land described at Book 1766, Page 551, of the records of the Pueblo County, to bear South 00 0 00'00" West, a distance of 136.00 feet between the Northwest Corner of Lot 17 and the Northwest Corner of Lot 37, all in Block 20, Adee, Chamberlin, and Wiley's Subdivision, Second Filing, with all bearings contained herein relative thereto. COMMENCING at said Northwest Corner of Lot 17, thence South 53 1771600 ORD 06/06/2008 11:20:24 AM Page: 2 of 3 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc mill MIMIldiip "Mil'MHANhKIiW 11111 East, a distance of 428.21 feet to the Southwest Corner of Lot 28, Block 11, Adee, Chamberlin and Wiley's Subdivision, also being a point on the West line of said Subdivision and the POINT OF BEGINNING; thence along the South line of Lots 28,29 and 30 of said Block 11, South 90 0 00'00" East, a distance of 70.39 feet; thence departing said South line, South 00 0 00'00" West, a distance of 40.00 feet; thence South 90 °00'00" West, a distance of 50.00 feet; thence South 00 0 00'00" West, a distance of 40.00 feet to a point on the North line of Lot 8, Block 20; thence along the North line of Lot 8 of said Block 20, South 90 °00'00" West, a distance of 18.94 feet to the Northwest Corner of Lot 8 of said Block 20, also being a point on the West line of said Subdivision; thence along the West line of said Subdivision, North 01 0 0215" West, a distance of 80.01 feet to the Southwest Corner of Lot 28 of said Block 11, in said Subdivision, said point being the POINT OF BEGINNING. Said vacation containing 3,574 square feet, or 0.08 acres, more or less. are hereby vacated. SECTION 2. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: May 12, 2008 Vera Ortegon BY. COUNCIL PERSON ,APPROV PRESIDENT OF CITY COUNCIL ATTESTED BY: ' TY CLERK PASSED AND APPROVED: May 27. 2008 1771600 ORD 06/06/2008 11:20:24 AM Page: 3 of 3 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerkl Recorder, Pueblo County. Co ■ ui��lr�t N�li�rn+r�ei��l��,rr�ag�i��u�ti� ®iui Ord . - 7 91( HI Background Paper for Proposed ORDINANCE AGENDA ITEM # 3y DATE: MAY 12, 2008 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE VACATING THE STREET AND ALLEY LOCATED ALONG THE EASTERN PROPERTY BOUNDARY OF THE BETHLEHEM SQUARE APARTMENTS, SOUTH OF 13 STREET, NORTH OF 11 STREET AND EAST OF ADEE AVENUE ISSUE Shall City Council approve the proposed application to vacate designated public rights - of-way, which were not included in the original 1972 vacation and have been used as parking lots for the Bethlehem Square Apartments? RECOMMENDATION The Planning and Zoning Commission, at their April 9, 2008, Regular Meeting, voted 7- 0 to recommend approval. In 1972, portions of two alleys and 12` Street were vacated to facilitate the development of the Bethlehem Square Apartments. Both alleys and the street run west to east and dead end into City -owned land that is designated as a 100 -year Flood Plain. Because the land to the east is an unbuildable floodplain it was not necessary to keep public access open through the two alleys and 12` Street. As a result, the three public rights -of -way were vacated. Recently, the property owner conducted an ALTA Survey of the apartment site; the survey indicated that parking spaces have been constructed over portions of the alleys and street that were not vacated in the original Ordinance. In an effort to tidy up the site, the applicant has requested to vacate portions of the alleys and street that are currently used for apartment parking. FINANCIAL IMPACT None.