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Home My WebLink About07906Reception 1788289 11/17/2008 ORDINANCE NO. 7906 AN ORDINANCE VACATING A PORTION OF 14 STREET GENERALLY LOCATED NORTH OF 13 STREET AND EAST OF HALLECK STREET BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The following described portion of 14 Street: ALL OF FOURTEENTH STREET ADJACENT TO LOTS 21 THROUGH 23, BLOCK 4, AND LOTS 1 THROUGH 7, BLOCK 7, AS PLATTED IN ADEE, CHAMBERLIN AND WILEY'S SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR RECORD IN THE PUEBLO COUNTY CLERK AND RECORDERS OFFICE MARCH 23, 1889 IN BOOK 14 ON PAGE 38. is hereby vacated. SECTION 2. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: October 14, 2008 AN Vera Ortegon COUNCIL PERSON ,�. APPROVED: PRESIDEN r OF CITY COUNCIL ►_1 TY CLERK PASSED AND APPROVED: October 27, 2008 E �� L MOW Background Paper for Proposed ORDINANCE AGENDA ITEM # 19 DATE: OCTOBER 14, 2008 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE VACATING A PORTION OF 14 STREET GENERALLY LOCATED NORTH OF 13 STREET AND EAST OF HALLECK STREET ISSUE Shall City Council approve the proposed vacation to facilitate future industrial development of the property? RECOMMENDATION The Planning and Zoning Commission, at their August 13, 2008, Regular Meeting, voted 6 -0 to recommend approval. BACKGROUND The applicant proposes to vacate a 10,000 square foot portion of 14 Street, which sits adjacent to Lots 21 through 23, Block 4, and Lots 1 through 7, Block 7 of the Adee, Chamberlin and Wiley's Subdivision. The purpose of the vacation is to facilitate future industrial development. This portion of 14 Street currently dead -ends at the railroad track, which is located directly east. The railroad terminus prohibits the street from serving as a right of way to properties located east of the site; therefore, the vacation should not have any negative effects on the surrounding neighborhood. FINANCIAL IMPACT •C7iT� Reception 1788291 11/17/2008 PUBLIC IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this .__c10 day of �U� 2008, by and between THE CITY OF PUEBLO, a Colorado Municipal Corporation, hereinafter referred to as "City" and ALFRED & LOIS COMPTION hereinafter referred to as "Property Owners ". WHEREAS, Property Owners are the owners of certain property situated in the City of Pueblo, County of Pueblo, Colorado, and legally described as follows: LOTS 1, 2, 3, 4, 5, 6, AND 7, BLOCK 7, ADEE, CHAMBERLIN AND WILEY'S SUBDIVISION, FIRST FILING, COUNTY OF PUEBLO, STATE OF COLORADO More commonly known as: 1638 West 14' Street, Pueblo, CO 81003 (hereinafter referred to as the "Property "); and WHEREAS, under the provisions of Chapter 2 of Title IV of the 1971 Code of Ordinances of the City, Property Owners, upon the issuance of a building permit to construct any building or structure on this property, and before a Certificate of Occupancy for such building or structure will be issued, are required to construct or install all required public improvements on or adjacent to the property, including sidewalk, curb and glitter, street paving, and drainage improvements. Said improvements are listed along with estimated cost, in Exhibit "A" which is attached hereto and incorporated herein; and WHEREAS, Property owners have requested that they not be required to construct or install at this time the public improvements described in Exhibit "A ", and 1788291 AGREE 11/17/2008 02:54:16 PM Page: 2 of 5 R 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk /Recorder. Pueblo County Cc mill kFaM1 ®1111 WHEREAS, in the opinion of the City Department of Public Works it is not in the best interest of the City to require that said improvements be installed at this time but rather that the construction and installation of such improvement be deferred until such time as the land adjacent to or in the vicinity of Property Owners' property is developed or improved. NOW THEREFORE, the parties mutually agree as follows: 1. City agrees not to object to the issuance of a building permit for the property and to defer the requirement of construction and installation of the required improvements set forth in Exhibit "A" until such time as the City Director of Public Works shall determine the same to be required or necessary in the public interest. 3. Property Owners, its successors, assigns, heirs, and legal representatives, agree to construct and install at its sole cost and expense the required public improvements set forth in Exhibit "A" within 60 days of receipt of written notice from the City Director of Public Works requesting that such improvements be installed. 3. This Agreement shall constitute a covenant running with the land and shall inure to the benefit of and be binding upon the successors and assigns of the City, and upon the heirs, successors, assigns and legal representatives of Property Owners and shall also constitute a covenant running with the land. 4. Upon failure, refusal, or neglect of the Property Owners or agent to construct such improvements as described in Exhibit "A ", within the time specified in such notice, the Director shall construct the same by day's work or by contract. Upon completion of any such construction, the Director shall prepare a statement showing the whole cost of such construction, including an amount not to exceed fifteen percent (15 %) additional for cost of inspection, collection, financing, and other incidentals, and shall institute proceedings causing the same to be assessed against the property benefited or improved by such construction. 1788291 AGREE 11/17/2008 02:54:16 PM Pa 3 of 5 R 25.00 D 0.00 T 26.00 Gilbert Ortiz Clerk /Recorder, Pueblo County.. Cc ®III WkWA !I III IN WITNESS WHEREOF, the parties hereto set their hands and seal the day and year first written above. PUEBLO, A TION 10 -ZD Date STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this en,1O "h day of D n ; 6-e r , 2008, by Daniel E. Centa, Director of Public Works. Witness my hand and official seal. My commission expires: SEAL] STATE OF COLORADO COUNTY OF PUEBLO ss. Notary Public :20- P perty Owner Date r perty Owner Date The foregoing instrument was acknowledged before me this Q20 day of D �.fa b!f r , 2008 by Alfred Compton and Lois Compton. Witness my hand and official seal. My come xpires: ya [SEAL �'•• yr�.. 2_ C lY�=[�1�[� Notary Public di:`:r+F CCyC IMPROVEMENT AGREEMENT EXHIBIT "A" Developer: ALFRED AND LOIS COMPTON 2204 West 15th Street Pueblo, CO 81003 Engineer: KIDD ENGINEERING 8 CONST MGT SERV, INC RICKY A. KIDD PE ITEM UNITS QUANTITY UNIT COST TOTAL COST SECTION A - STREET IMPROVEMENTS 1. PAVEMENT 3" Asphalt on 6" Base Patch between existing p avement and new curb 8 gutter 6'X160' SY 106.7 $ 16.00 $ 1,707.20 $ SECTION A.1. SUBTOTAL $ 1,707.20 2. CONCRETE Curb and Gutter LF 160.0 $ 12.00 $ 1,920.00 4" Thick, 6' Wide Sidewalk SF 591.0 $ 3.00 $ 1,773.00 6" Thick Driveway roaches, 2 Each SF 624.0 $ 4.00 $ 2,496.00 Handicap Ram - Straight Approach SF 39.0 $ 4.00 $ 156.00 Tactile Band EA 1.0 $ 350.00 $ 350.00 SECTION A2. SUBTOTAL $ 6,695.00 3. SANITARY SEWER NONE SECTION A.3. SUBTOTAL $ - 4. WATER NONE SECTION A.4. SUBTOTAL $ 5. MONUMENT BOXES NONE SECTION A.5. SUBTOTAL $ 6. STREET LIGHTS NONE SECTION A.6. SUBTOTAL $ - 7. STREET NAME SIGNS 8: STOP SIGNS NONE SECTION A.7. SUBTOTAL $ 6. TRAFFIC SIGNAL NONE SECTION A.B. SUBTOTAL $ - 9. PAVEMENT MARKINGS NONE SECTION A.9. SUBTOTAL $ TOTAL SECTION A - STREET IMPROVEMENTS $ 8,402.20 1788291 AGREE 11/17/2008 02:54:16 PM Gl8lbert Ortiz 4S Clerk//Reccorder 0 , Pueblo 2 County, Co mill NF1!l INJOTIMA 1AWAVIOU MAW 11111 1 4 t ITEM UNITS QUANTITY UNIT COST TOTAL COST SECTION B - DRAINAGE IMPROVEMENTS 1. STORM SEWER NONE I IF SECTION B.I. SUBTOTAL $ 2. CHANNEL NONE SECTION 8.2. SUBTOTAL $ - 3. DETENTION FACILITIES NONE SECTION B.3. SUBTOTAL $ 4. RIPRAP INCLUDING FILTER FABRIC NONE SECTION B.A. SUBTOTAL $ - S. CONSTRUCTION AND POST CONSTRUCTION BEST MANAGEMENT PRACTICES BMP'S NONE SECTION B.5. SUBTOTAL $ TOTAL SECTION B - DRAINAGE IMPROVEMENTS $ SECTION C - PARKS 1. Establishing Park Site with Irrigation System NONE SECTION C.1. SUBTOTAL $ - TOTAL SECTION C - PARK IMPROVEMENTS $ PUBLIC IMPROVEMENTS TOTAL -.02111101111 $ 8,402.20 1 This is ct Ike! r.. / costs. Reviewed b . l UjYO ,• Date: Review based on: Approved by: Developer: Director of Public Works: V Estim epr } byC� Date: red e� Estima I may vary. This estimate may not include all Construction Kidd Engineering and Construction Management Services, Inc. 6- Oct -O6 City of Pueblo Unit Price List for Exhibit "B ", 2008 Pueblo Department of Public Works 1788291 AGREE 11/17/2008 02:54:16 P11 Pa ge: 5 of 5 R 26.00 0 0.00 T 26.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc 0111 KIM6jMAU <«IN11 = %11�AW 11111 based on: may vary. This estimate may not include all Construction Kidd Engineering and Construction Management Services, Inc. 6- Oct -O6 City of Pueblo Unit Price List for Exhibit "B ", 2008 Pueblo Department of Public Works 1788291 AGREE 11/17/2008 02:54:16 P11 Pa ge: 5 of 5 R 26.00 0 0.00 T 26.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc 0111 KIM6jMAU <«IN11 = %11�AW 11111