HomeMy WebLinkAbout10959ORDINANCE NO. 10959
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT
LOCATED AT 19 TEMPLE DRIVE IN THE SUNSET PARK FILING
10 SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following described portion of street right of way:
Easement vacation between Lots 30 and 31, Block 4, Sunset Park 10th Filing, County of Pueblo,
State of Colorado, and being more particularly described as follows:
BEGINNING at the Southwest corner of Lot 31, Northwesterly along the easterly right of way line
of Temple Drive, a distance of 5.00 feet to a point being 5.0 feet northerly of and parallel with the
common line between aforesaid Lots 30 and 31; THENCE easterly along a line being 5.0 feet
northerly of and parallel with aforesaid common line to the westerly line of an existing utility
easement, said easement line being 5.00 feet westerly of and parallel with the easterly line of
th
Sunset Park, 10 Filing; THENCE southerly along said westerly easement line, a distance of
10.11 feet to a point being 5.0 feet south of the common line between aforesaid Lots 30 and 31;
THENCE westerly along a line being 5.00 feet southerly of and parallel with the common line
between aforesaid Lots 30 and 31 to a point on the easterly right of way of aforesaid Temple
Drive; THENCE northwesterly along the easterly right of way line of Temple Drive, a distance of
5.00 feet to the POINT OF BEGINNING.
Containing 1,669 square feet, more or less
is hereby vacated.
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Ordinance of the City Council, this Ordinance shall automatically be rescinded and repealed thirty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 May 12, 2025.
Final adoption of Ordinance by City Council on May 27, 2025.
____________________________
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
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City Clerk
City Clerk's Office Item # S2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: May 27, 2025
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 PUBLIC UTILITY EASEMENT LOCATED
AT 19 TEMPLE DRIVE IN THE SUNSET PARK FILING 10 SUBDIVISION
SUMMARY:
The applicant is requesting to vacate a 1,700 square foot, approximately 10-foot wide,
public utility easement at 19 Temple Drive.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The original subdivision, platted in 1960, reserved a 5-foot public utility easement on both
the north and south property lines of Lot 31, Block 4, which makes up most of the area
of the subject property. However, since the ownership parcel also includes the
northernmost 29 feet of Lot 30, the property owner has both 5-foot easements on either
side of Lot 31, thus the total 10-foot easement vacation. There are no public utilities
currently located in the easement, and staff has no concerns with the proposed vacation
plat.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their April 9, 2025, 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 drainage 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-25-02 Attachments