HomeMy WebLinkAbout07970Reception 1801553
04/09/2009
ORDINANCE NO. 7970
AN ORDINANCE VACATING THE DRAINAGE EASEMENTS
LOCATED AT 5402 COSTA MESA DRIVE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The following described drainage easements located at 5402 Costa Mesa Drive:
EASEMENT NO. 1
A DRAINAGE EASEMENT LOCATED IN SAID PARCEL "A ", BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WESTERLY CORNER OF SAID PARCEL "A" THENCE ON THE
SOUTHWESTERLY BOUNDARY OF SAID PARCEL "A" S69 0 59'42 "E A DISTANCE OF
48.71 FEET; THENCE N20 °00'18 "E A DISTANCE OF 5.00 FEET TO THE POINT OF
BEGINNING OF EASEMENT NO. 1;
THENCE N38 0 39'20 "E A DISTANCE OF 126.65 FEET;
THENCE S51 0 20'40 "E A DISTANCE OF 10.00 FEET;
THENCE S38 0 39'20 "W A DISTANCE OF 123.27 FEET;
THENCE N69 0 59'42 "W A DISTANCE OF 10.55 FEET TO THE POINT OF BEGINNING
OF EASEMENT NO 1.
CONTAINING A CALCULATED AREA OF 1250 SQ. FEET OR 0.029 ACRES, MORE OR
LESS.
EASEMENT NO. 2
THE WESTERLY 1 FOOT OF A PUBLIC UTILITY AND DRAINAGE EASEMENT
LOCATED IN SAID PARCEL "A ", BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHERLY CORNER OF SAID PARCEL "A ", THENCE ON
THE SOUTHEASTERLY BOUNDARY OF SAID "PARCEL A" ON A CURVE OF ARC TO
THE RIGHT, HAVING A RADIUS OF 510.00 FEET, A DELTA ANGLE OF 0 0 27'25 ", AN
ARC LENGTH OF 4.07 FEET, AND WHOSE LONG CHORD BEARS N28 0 15'08 "E A
DISTANCE OF 4.07 FEET TO THE POINT OF BEGINNING OF EASEMENT NO. 2;
THENCE N51 0 20'40 "W A DISTANCE OF 46.31 FEET;
THENCE S69 0 59'42 "E A DISTANCE OF 3.13 FEET;
THENCE S51 0 20'40 "E A DISTANC OF 43.17 FEET;
THENCE ON AN ARC OF CURVE TO THE LEFT, HAVING A RADIUS OF 510.00 FEET,
A DELTA ANGLE OF 00 0 06'51 "AN ARC LENGTH OF 1.02 FEET, AND WHOSE LONG
CHORD BEARS S28 0 32'16 "W A DISTANCE OF 1.02 FEET TO THE POINT OF
BEGINNING OF EASEMENT NO. 2;
1801553 ORD 04/09/2009 03:45:36 PM
Page: 2 of 2 R 11.00 D 0.00 T 11.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
®III AAA I 'i 114TH AN WW II 101YA4 11111
CONTAINING A CALCULATED AREA OF 45 SQ. FEET, OR 0.001 ACRES, MORE OR
LESS.
are hereby vacated.
SECTION 2.
This Ordinance shall become effective immediately upon final passage and
approval.
,e °c INTRODUCED: January 26, 2009
b �
G •, 4 { 17 v j i a ..
BY: Randy Thurston
COUNCIL PERSON
APPROVED:
PRESIDENT OF CIT COUNCIL
ATTESTED BY:�
r Y CLERK
PASSED AND APPROVED: February 9, 2009
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 28
DATE: JANUARY 26, 2009
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE VACATING THE DRAINAGE EASEMENTS LOCATED AT 5402
COSTA MESA DRIVE
ISSUE
Shall City Council approve the proposed vacations to facilitate resubdivision of Parcel A
into two lots similar to the original subdivision and to vacate a portion of the easement
along the eastern property line to accommodate a .9 -foot encroachment?
RECOMMENDATION
The Planning and Zoning Commission, at their December 10, 2008, Regular Meeting,
voted 6 -0 to recommend approval.
BACKGROUND
The applicant wishes to vacate all of the 10 -foot Drainage Easement running northerly
(located approximately mid lot), and a 45- square foot portion of the Public Utility and
Drainage Easement along the easterly portion of the south property line. The 10 -foot
Drainage Easement was not vacated as part of the 2006 lot line rearrangement
because the property owners did not plan to build over the easement. With the
proposed resubdivision, the new lot line will be slightly reconfigured to accommodate
the existing single - family residential development; therefore, the old easement must be
vacated, and a new easement that runs parallel to the new lot line will be dedicated on
the subdivision plat. A 45 square -foot portion of the Public Utility and Drainage
Easement along the eastern property line must also be vacated because the attached
garage encroaches approximately one -foot into the easement. A variance was granted
by the Zoning Board of Appeals on October 28, 2008, to allow a 0.9 -foot encroachment
into the required 5 -foot side yard setback.
FINANCIAL IMPACT
None.