City Council Minutes 2006 03 07 - Laserfiche WebLink

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City Council Meeting Minutes March 7, 2006 Page 3 of 16 ORDINANCE NO. 1487, SERIES 2006 -AN ORDINANCE APPROVING THE VACATION OF PORTIONS OF THE SOUTH FRONT STREET RIGHT-OF-WAY LOCATED BETWEEN LOTS 16 AND 17, BLOCK 8 AND LOTS 10 AND 11, BLOCK 9 IN THE MURPHY PLACE SUBDIVISION IN THE CITY OF LOUISVILLE; AUTHORIZING THE EXECUTION OF QUIT CLAIM DEEDS IN CONNECTION WITH SUCH V ACA TION, AND APPROVING AND AUTHORIZING THE EXECUTION OF A GRANT OF EASEMENTS AND AGREEMENT FOR TEMPORARY OCCUPANCY OF THAT PORTION OF SUCH RIGHT-OF-WAY NOT SUBJECT TO VACATION - 2nd reading - public hearing - (published Daily Camera 2/25/06) Mayor Sisk requested a City Attorney introduction. City Attorney Light read Ordinance No. 1487, Series 2006, and explained on February 21, City Council passed Resolution No.6, Series 2006, approving a Mutual Release and Settlement Agreement for settlement of the pending lawsuit concerning a portion of the South Front Street right-of-way. As a condition to the Resolution, there were two changes to the Agreement and related documents, to reduce the fence height and to provide the vacated areas of right-of-way not be used in determining setbacks, FARs or similar yard and bulk requirements. Changes were incorporated in the documents. Ordinance No. 1487, Series 2006, is the related vacation ordinance to implement the Agreement and vacates the easternmost 12 feet and westernmost 33 feet of the right-of-way. The remaining 15 feet would not be vacated and would be owned by the City as noted in the Ordinance. As a second reading amendment, Section 2 has been revised to state the vacated portions of the right-of-way shall not be included in any setback measurement or in any calculation of applicable lot coverage, floor area or similar yard and bulk requirements for building or development of the adjacent platted lots (221 and 224 Front Street). This restriction is to be a covenant running with the land and similar language is included in the Settlement Agreement and in the Quit Claim Deeds executed as part of the settlement. These Deeds would be exchanged after the vacation Ordinance is published and effective. The Ordinance approves a Grant of Easements and Agreement granting to the adjoining owners the right to occupy the right-of-way during a delay period. That period is ten years or until either of the homes is sold to a third party, whichever first occurs. The Easement also details the actions to be taken by the parties at the time the Easement expires. Mayor Sisk opened the public hearing and requested public comment. Melisa Devincenzi, 1001 Rex Street, Louisville, CO addressed a letter signed by eleven families opposing public land given to private citizens. She stated if Council is settling this matter because they may not be successful in court, the public should be made aware of the facts of the case.