HomeMy WebLinkAbout10807ORDINANCE NO. 10807
AN ORDINANCE VACATING A PORTION OF A DRAINAGE
EASEMENT LOCATED IN LOT 1, BLOCK 2, NORTH VISTA,
HIGHLANDS, FILING NO. 2
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following described street right:
A portion of the drainage easement located in Lot 1, Block 2, North Vista Highlands, Filing No. 2
according to the recorded plat thereof, as filed for record August 20, 2021 in the records of the
Pueblo County Clerk and recorded as Reception No. 2240303, being more particularly
described as follows:
Commencing at the northeast corner of said Lot 1; thence along the arc of a curve whose center
bears N48°25'17"E and whose radius is 150.00 feet, a distance of 37.49 feet; thence along the
arc of a curve whose center bears S20°16'52"E and whose radius is 1227.00 feet, a distance of
32.18 feet to the true point of beginning; thence S26°24'18"E, a distance of 42.14 feet; thence
along the arc of a curve whose center bears S21°37'10"E and whose radius is 1185.00 feet, a
distance of 210.56 feet; thence S58°12'00"W, a distance of 180.52 feet; thence N26°24'18"E, a
distance of 42.19 feet; thence N58°12'00"E, a distance of 176.55 feet; thence along the arc of a
curve whose radius is 1227.00 feet, a distance of 214.51 feet to the point of beginning.
And
Beginning at the south corner of said lot 1; thence N47°16'06"W along the southwest boundary
of said lot 1, a distance of 60.50 feet; thence N44°04'07"E, a distance of 71.39 feet; thence
S45°55'53"E, a distance of 59.80 feet to a point on the southeast boundary of said lot 1; thence
S43°52'47"W along the southeast boundary of lot 1, a distance of 69.99 feet to the Point of
Beginning.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of this Ordinance to implement the policies and procedures described herein.
SECTION 3.
This Ordinance shall be approved but shall not become effective until the final vacation
plat is recorded in the office of the Pueblo County Clerk and Recorder. If the vacation plat is not
recorded within one (1) year after of this Ordinance, or within any extended period granted by
Ordinance of the City Council, this Ordinance shall automatically be rescinded and repealed
thirty (30) days after written notice of such rescission and repeal is given to the applicant. No
vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes
effective.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on September 09, 2024.
Final adoption of Ordinance by City Council on September 23, 2024.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
Disapproved on ______________ based on the following objections:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____________________________
Mayor
Action by City Council After Disapproval by the Mayor:
Council did not act to override the Mayor's veto.
Ordinance re-adopted on a vote of ____________, on _____________
____________________________
President of City Council
ATTEST
________________________________
City Clerk
City Clerk's Office Item # S7
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: September 23, 2024
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Scott Hobson, Acting Director Planning and Community Development
SUBJECT: AN ORDINANCE VACATING A PORTION OF A DRAINAGE
EASEMENT LOCATED IN LOT 1, BLOCK 2, NORTH VISTA,
HIGHLANDS, FILING NO. 2
SUMMARY:
The applicant is requesting to vacate of a portion of a drainage easement located in Lot
1, Block 2, North Vista, Highlands, Filing No. 2.
PREVIOUS COUNCIL ACTION:
The applicant is concurrently requesting to subdivide 19.52-acres into 136 townhome
lots (S-23-11) and is requesting to establish a Special Area Plan for the 19.52-acres
(SAP-23-04).
BACKGROUND:
The 16,424.9 square foot portion of the Drainage Easement, dedicated in the North
Vista Highlands, Filing No. 2 Subdivision, is being vacated to facilitate the development
of townhomes in the proposed North Vista Highlands, Filing No. 9, a Special Area Plan.
North Vista Highlands, Filing No. 9, a Special Area Plan, creates Parcel A, which is a
drainage, pedestrian, and landscaping parcel located directly north of the easement
proposed to be vacated, to ensure proper stormwater drainage into the stormwater
detention area located just west of the Parcel.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their June 12, 2024, Regular Meeting, voted
7-0 to recommend approval.
STAKEHOLDER PROCESS:
The Planning Department sent out Notice of the Planning and Zoning Commission
Public Hearing to all property owners located within 300 feet of the subject property.
A Public Notice poster was placed on the subject property 15 days prior to the Public
Hearing.
ALTERNATIVES:
If City Council does not approve this Ordinance, the easement will remain which will
impede development of the site.
Upon request of City Council, the Ordinance could be returned to the Planning and
Zoning Commission for consideration of proposed modifications.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. V-23-11 Combined Attachments