Title
An ordinance vacating the public right-of-way known as East Boulder Street consisting of approximately 0.92 acres located between N. Nevada Ave. and N. Weber St.
(Legislative)
Council District #3
Presenter:
Ryan Tefertiller, Urban Planning Manager, City Planning Department
Kevin Walker, Planning Director, City Planning Department
Body
Recommended Action
Optional Motions:
1. Motion to Approve
Recommend approval to City Council the vacation of public right-of-way known as East Boulder Street consisting of approximately 0.92 acres located between N. Nevada Ave. and N. Weber St. based on the findings that the vacation criteria in Section 7.5.522.C.5.b. of City Code are met provided the following Conditions of Approval are applied and the noted technical modifications are implemented:
Conditions of Approval:
1. An agreement between the City of Colorado Springs and School District 11 shall be entered into that requires School District 11 to allow public egress over the property if the space is unused for construction or permanent School District 11 activities.
2. Request that D11 collaborate with the City to provide public egress during construction of the PPRTA-fund Platte Avenue Improvements (Wahsatch to Circle) project.
3. An agreement between the City of Colorado Springs and School District 11 shall be entered into that requires School District 11 to return ownership to the City of Colorado Springs, should the district choose to dispose of the property.
Technical Modifications to the Vacation Application:
1. Revise the vacation plat to correctly and clearly identify the basis of bearing and associated monuments to match the written legal description.
2. Add notes and labels to the vacation plat to clarify that public utility easements are being retained through the vacation. Portions of the retained easements may be eligible for vacation at a later date.
3. Remove the notary block for the surveyors statement as it is not needed for the vacation plat.
4. Revise “Colorado Springs Utilities Chief Executive Officer” to “Utilities Executive Director” on the vacation plat.
5. Revise Note 8 on the vacation plat to meet Colorado Springs Utilities’ standards for reserved easement language.
6. Revise notes on the vacation plat that refer to dedicating new easements via the plat.
2. Motion to Deny
Recommend denial to City Council the vacation of public right-of-way known as East Boulder Street consisting of approximately 0.92 acres located between N. Nevada Ave. and N. Weber St. based on the findings that the vacation criteria in Section 7.5.522.C.5.b. of City Code are not met.