HomeMy WebLinkAbout07845Reception 1782422
09/19/2008
ORDINANCE NO. 7845
AN ORDINANCE VACATING A PORTION OF THE
DRAINAGE EASEMENT LOCATED AT 7 KALANCHOE
COURT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The following described portion of the drainage easement located in the
northwestern portion of Lot 1, Block 1, Padula Subdivision:
Considering the North line of the SE % of Section 7, Township 20 South,
Range 64 West of the 6` P.M. to bear N. 88 0 56'49" E., and all bearings
contained herein being relative thereto.
Commencing at the Northwest corner of Padula Subdivision according to the
recorded plat thereof as filed for record at Reception No. 1732026 in the
Pueblo County Records; thence N. 88 °56'54" E., along the Northerly line of
said Padula Subdivision, a distance of 36.42 feet to the Point of Beginning;
thence continuing along the Northerly line of said Padula Subdivision the
following two (2) courses:
N. 88 0 56'54" E., a distance of 0.69 feet;
N. 88 °56'49" E., a distance of 31.14 feet;
thence S. 00 0 00'00" E., a distance of 25.17 feet; thence S. 28 0 46'24" W., a
distance of 131.00 feet; thence N. 52 0 26'18" W., a distance of 45.08 feet;
thence N. 36 0 38'50" E., a distance of 35.16 feet to the Point of Beginning.
Said vacation containing .04 acres, more or less.
is hereby vacated.
SECTION 2.
Upon the recommendation by the Planning and Zoning Commission this Ordinance
is approved with the following condition:
"A replacement "Limited Drainage and Accessory Structure Easement" must
be granted to the City clearly depicting the location of the metal pier
foundations supporting the accessory structure and ensuring no
encroachment into the 100 -year storm event water surface elevation. The
easement must also indemnify the City from any liability associated with
placing a structure in the limited drainage easement."
SECTION 3.
This Ordinance shall become effective immediately upon final passage and
July 14, 2008
Weaver
MUNCIL PERSON
PRESIDENT OF CITY COUNCIL
PASSED AND APPROVED: July 28, 2008
1782422 OR0 09/19/2008 09:45:27 AM
Page: 2 of 2 R 11.00 0 0.00 T 11.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM # qQ
DATE: JULY 14, 2008
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE VACATING A PORTION OF THE DRAINAGE EASEMENT LOCATED
AT 7 KALANCHOE COURT
KT-N
Shall City Council approve the proposed vacation to facilitate the construction of an
accessory structure on a single - family lot?
RECOMMENDATION
The Planning and Zoning Commission, at their May 14, 2008, Regular Meeting, voted
5 -0 to recommend approval with the following condition:
"A replacement "Limited Drainage and Accessory Structure Easement'
must be granted to the City clearly depicting the location of the metal pier
foundations supporting the accessory structure and ensuring no
encroachment into the 100 -year storm event water surface elevation. The
easement must also indemnify the City from any liability associated with
placing a structure in the limited drainage easement."
BACKGROUND
The applicant proposes to vacate a .04 -acre portion of the drainage easement that is
located in the northwestern portion of Lot 1, Block 1, Padula Subdivision. The vacation
is intended to facilitate the construction of an accessory structure that will be built on
metal piers above grade. The accessory structure must be built in a manner that does
not affect storm water conveyance and indemnifying the City from any liability
associated with placing a structure in the limited drainage easement.
FINANCIAL IMPACT
None.