16.20.010 Acceptance of street and other public land dedication.

     Approval of a subdivision shall not constitute an acceptance by the County of the roads, streets, alleys or other public lands as indicated for dedication on the plat. The dedication of any of these lands for public use of any nature within the County shall be accepted by the County only by specific action of the Board.

16.20.020 Application for vacation of a public street, alley, easement or public way.

     A. Any person, public or private entity desiring the vacation of any public street, alley, easement or public way shall submit to the County Planning and Development Department a completed application form and the following:

  1. A letter of request stating the interest of the applicant, the interest of the person, firm or corporation representing the applicant, and the reasons for the vacation;
  2. Letters from the County Director of Public Works, the County Sheriff and all applicable fire departments, school districts, utility companies and special districts which serve the area in or around the property where the vacation is sought. Such letters shall state the position of the respective authorities concerning the proposed vacation;
  3. An accurate drawing suitable for recording prepared by a Colorado licensed land surveyor depicting and legally describing the public street, alley, easement or public way to be vacated. The drawing shall also note all reservations, if any;
  4. Verified documentation the requested vacation will not leave any land adjoining the roadway without an abutting established public road or private access easement connecting the land with another established road;
  5. A nonrefundable application fee as set by resolution of the Board of County Commissioners.

     B. The Pueblo County Planning Commission shall review all applications for the vacation of a public street, alley, easement or public way during a public meeting. The Commission shall send its recommendation and findings to the Board of County Commissioners.

     C. The Board shall hear all applications to vacate a public street, alley, easement or public way. After receiving a vacation application, the Board shall set a time and a place for a public hearing and shall cause notice of the hearing to be sent to property owners whose property abuts or is within three hundred (300) feet of the exterior boundaries of the public street, alley, easement or other public way proposed to be vacated. Such notice shall be sent by first class mail with postage prepaid at least fifteen (15) days before the public hearing.

     D. Notice shall also be posted in conspicuous places at each end of the public street, alley, easement or public way proposed to be vacated. Such notice shall be posted at least fifteen (15) days before the public hearing.

     E. Notice shall also be published in a newspaper of general circulation in the County at least fifteen (15) days before the public hearing.

     F. Before granting the vacation of a public street, alley or public way, the Board of County Commissioners shall find the following conditions (1) through (5) exist:

     Before granting the vacation of an easement, the Board of County Commissioners shall find the following conditions (4) through (6) exist:

  1. The public street, alley or public way to be vacated was created by plat or deed or exists by right of usage if unplatted or undefined.
  2. The requested vacation will not leave any land adjoining the roadway without an abutting established public road or private access easement connecting the land with another established public road.
  3. The requested vacation will not adversely affect the transportation needs of Pueblo County.
  4. The requested vacation is completely within the boundaries of Pueblo County and is not within the limit of any incorporated city or town.
  5. The requested vacation is not a boundary with any other county or incorporated city or town or if it is a boundary, the vacation is approved by joint action of the Board and the duly constituted authority of the other county, city or town.
  6. The requested easement vacation will not adversely impact the development or redevelopment of the surrounding properties or neighborhood.

     G. If the vacation is approved, the Board of County Commissioners may reserve rights-of-way or easements for the continued and/or future use of sewer, gas, water or similar pipelines and appurtenances, for ditches or canals and appurtenances, and for electric, telephone and similar lines and appurtenances.

     H. Upon approval of the vacation, the affected property owners shall prepare deeds to incorporate the applicable portion of the vacation into their property’s description. The deeds shall be submitted to the County Planning and Development Department for recordation with the drawing.

     I. Upon approval of the vacation and satisfaction of all conditions imposed on the approval, the accurate drawing and the required deeds shall be recorded with the Pueblo County Clerk and Recorder at the applicant’s expense.

16.20.030 Resubdivision procedures.

     A. Resubdivision of land or changes to an approved or recorded plat shall be considered a subdivision, except as otherwise provided in this section, and shall be subject to the provisions of the Pueblo County Subdivision Regulations.

     B. If it is discovered that there is a minor survey or drafting error in a recorded final plat, the subdivider shall be required to file with the Board for its approval a corrected final plat with an affidavit regarding the revisions, certified by two Colorado licensed land surveyors. At least one of the surveyors certifying the corrected final plat must be an impartial observer having no personal interest in the subdivision. If, however, the correction of the error results in major alterations, the Board may require full compliance with the County Subdivision Regulations.

     C.1. Minor rearrangement of lot lines or alterations may be made to a recorded plat subject to approval of the County Zoning Administrator provided such minor rearrangement or alteration will not:

     a. Involve more than five lots;

     b. Result in any lot, parcel or portion of the subdivision becoming insufficient in size, area or location to meet the minimum requirements of the zone district within which the property is located;

     c. Alter any dedicated easement or area reserved for public use;

     d. Alter any street or right-of-way alignment or reduce their dimensions;

     e. Necessitate new, or the modification of, public improvements; or

     f. Adversely affect the character of the recorded plat.

     g. Submittal Requirements.  The number of paper copies, as well as electronic submittal requirements for application submittal documents, shall be determined by the Director of the Pueblo County Department of Planning and Development.  The Pueblo County Department of Planning and Development's formal application form shall specify the number of paper copies and electronic submittal requirements for application submittal documents.

         i. Plat prepared by a Colorado Professional Land Surveyor adhering to the Colorado Revised Statutes for Land Survey Plats, and containing, at a minimum, the following:

           (A) Title shall be: LOT LINE REARRANGEMENT NO._____ (number to be assigned by staff upon submittal); Subtitle shall be: A Vacation and Replat of (lot and block number) of (name of recorded subdivision).

           (B) Drawing portion:

 

As Platted
Lot 1 The bearings and distances according to the recorded plat are required to be placed around each lot. Place acreage for each lot, if available, under the lot number.
Lot 2
As Rearranged
Parcel A 0.00 acres Parcel B 0.00 acre The bearings and distances will be required to be placed around Parcels A and B. Lot closures are required for Parcels A and B, to be submitted to staff. Corners found and/or set shall be noted.

(C) Surveyor’s certification shall read as follows:

          I, (surveyor’s name), a Professional Land Surveyor registered in the State of Colorado, hereby certify to (owner(s) name), that a survey of the above described premises was performed by me or under my responsible charge, on (date of survey); that this plat of Lot Line Rearrangement No. complies with the minimum standards for Land Surveys and Plats as set forth in Section 38-51-106 et. seq., C.R.S. 1994.

________________________________________               ______________________
PROFESSIONAL LAND SURVEYOR NO. 00000          DATE

 

(D) The source of research for recorded rights-of-way and easements is (name of Title Company, type of title document with number, and effective date),

(E) Director of Planning and Development’s Certification shall read as follows:

          This is to certify that this rearrangement of lot lines, to establish building sites, is approved by the Director of Planning and Development, County of Pueblo.

_________________________________                     _____________________
(name of Director), DIRECTOR                                 DATE

 

(F) Owner(s) statement with notary statement shall read as follows:

          KNOW ALL MEN BY THESE PRESENTS: that (owner(s) name) being the owner(s) of the following described property:

          (legal description)

          Hereby request a rearrangement of lot lines as shown hereon into Parcels A and B.

________________________________                   _____________________
(owner name)                                                         DATE
________________________________                   _____________________
(owner name)                                                         DATE


STATE OF COLORADO)
                                           )ss
COUNTY OF PUEBLO  )

   The foregoing instrument was acknowledged before me this _____ day of ___________________, 20____, by (owner(s) name).

Witness my hand and official seal.

My commission expires:

___________________________
Notary Public

 

 

 (G) North arrow,

 (H) Written and graphic scale,

 (I) Name, address and phone number of the person, firm or organization preparing the plat,

 (J) Easements, building setback lines, if any, as shown on the original platted subdivision affecting the rearranged lots,

 (K) Tie to Global Positioning System (GPS), if applicable;

           ii. Certificate of Taxes Due (treasurer’s certifications) from the County Treasurer’s Office that all ad valorem taxes for each lot have been paid in full (original copy);

           iii. Supplemental drawing (to scale) depicting existing improvements with ties to proposed and existing lot lines;

           iv. Title information no more than thirty (30) days old from date of submittal, by one of the following:

               Title Insurance Policy, or
               Commitment for Title insurance policy, or
               Endorsement to Title Insurance Policy/Commitment when submitted with the prior policy/commitment, or
               Title opinion from an attorney;

            v. Recorded deeds showing ownership;

            vi. Boundary and lot closure sheets;

            vii. Lot line rearrangement plats folded no larger than 12" x 9";

            viii. Cross deeds with recording fees;

            ix. If the properties to be rearranged are portions of larger lots, e.g., St. Charles Mesa Subdivision, the applicant must submit proof by deeds, that the subject properties’ current configurations and/or legal descriptions pre-date August 31, 1972 (the adoption of these Subdivision Regulations).

            Note: Properties less than thirty-five (35) acres in size subdivided after August 31, 1972 not complying with these Subdivision Regulations cannot be eligible for a lot line rearrangement without first bringing the properties into compliance with said Subdivision Regulations;

            x. Application fee (check made payable to Pueblo County);

            xi. Recording fee for plat (check made payable to Pueblo County Clerk and Recorder).

     C.2. Vacation of Interior Platted Lot Lines. Interior lot lines within a recorded plat may be vacated subject to approval of the County Zoning Administrator under the following guidelines:

     a. Involves five (5) lots or less;

     b. Interior lot lines only, no exterior boundary lines of a subdivision;

     c. Lots within a recorded subdivision; the year of recordation is not a factor;

     d. No easements or rights-of-way will be vacated, nor publicly owned land will be adversely affected.

     e. Submittal requirements.  The number of paper copies, as well as electronic submittal requirements for application submittal documents, shall be determined by the Director of the Pueblo County Department of Planning and Development.  The Pueblo County Department of Planning and Development's formal application form shall specify the number of paper copies and electronic submittal requirements for application submittal documents.

         i. Drawing prepared by a Colorado Professional Land Surveyor containing, at a minimum, the following:

           (A) Title shall be: "LOT LINE VACATION NO. _____" (number to be assigned by staff upon submittal),

           (B) Drawing:

As Platted
Lot 1 The bearings and distances according to the recorded plat are required to be placed around each lot. Place acreage for each lot, if available, under the lot number.
Lot 2
As Vacated
Parcel A 0.00 acres The bearings and distances will be required to be placed around Parcel A. Basis for acreage calculation for Parcel A will be submitted to staff.

(C) Surveyor’s certification shall read as follows:

          I, (surveyor’s name), a Professional Land Surveyor registered in the State of Colorado, hereby certify to (owner(s) name), that this lot line vacation is not based upon an actual field survey conducted by me or under my responsible charge, but was prepared using information shown on the plat of (name of subdivision) recorded in Book ______ at Page _____ of the records of the Pueblo County Clerk and Recorder. The property within this lot line vacation may or may not be presently monumented, and if it is monumented, I have not confirmed the property pins are accurately located.

____________________________________________       _________________________
PROFESSIONAL LAND SURVEYOR NO. 000000       DATE

 

 

Note: If the professional land surveyor actually surveys the property, the appropriate certification is required.

(D) Note: A search for recorded rights-of-way and easements was not done,

(E) Director of Planning and Development Certification shall read as follows:

         This is to certify that this vacation of a lot line is approved by the Director of the Department of Planning and Development, County of Pueblo.

_________________________________                 ___________________________
(name of director) DIRECTOR                                DATE

 

 Owner(s) statement with notary statement shall read as follows:

          KNOW ALL MEN BY THESE PRESENTS: that (owner name) being the sole owner of the following described property:

 

         (legal description)

 

         Hereby requests a vacation of a lot line into one (1) parcel of land as shown hereon as Parcel A.

 

_________________________________       ___________________________
(owner name)                                                      DATE

STATE OF COLORADO)
                                            )ss
COUNTY OF PUEBLO  )

 

 

The foregoing instrument was acknowledged before me this day of ________________, 20____ by (owner name).

 

         Witness my hand and official seal.

         My Commission expires:

         _____________________________
         Notary Public

 

(G) North arrow,

(H) Written and graphic scale,

(I) Name, address and phone number of the person, firm or organization preparing the drawing,

(J) Easements, building setback lines, if any, as shown on the original platted subdivision affecting the lots;

         ii. GPS tie--if the recorded plat is tied to GPS (e.g., plats on the St. Charles Mesa, in Vineland, Avondale) or to the Colorado Coordinate System (e.g., Pueblo West tracts, Liberty Point Estates), put that statement as shown on the recorded plat pertaining to that system on the lot line vacation plat. The survey work to tie to one of the systems is not required;

         iii. NO title search is required;

         iv. Certificate of Taxes Due (treasurer’s certifications) from the County Treasurer’s office that all ad valorem taxes for each lot have been paid in full (original copy);

         v. Applicant shall provide proof of ownership of each lot by recorded deed(s);

         vi. If the properties involved in the vacation are portions of larger lots, e.g., St. Charles Mesa Subdivision, the applicant must submit proof by deeds, that the subject properties’ current configurations and/or legal descriptions pre-date August 31, 1972 (the adoption of Subdivision Regulations).

         Note: Properties less than thirty-five (35) acres in size subdivided after August 31,1972 not complying with Subdivision Regulations cannot be eligible for a lot line vacation without bringing the properties into compliance with the Subdivision Regulations;

         vii. Drawings folded no larger than 12" x 9";

         viii. Application fee (check made payable to Pueblo County);

         ix. Recording fee (check made payable to Pueblo County Clerk and Recorder);
          x. Deed, to combine ownership to applicable Parcel (e.g., A, B) of Lot Line Vacation No. ___, with recording fees.

         If the vacation of interior lot lines is for more than five (5) lots WITHOUT the need to vacate right-of-way and/or easement or publicly owned land, the lot line vacation must be approved by the Board of County Commissioners.

         If the vacation of interior lot lines is requested WITH the need to vacate right-of-way and/or easement or publicly owned land, the appropriated procedure is by Vacation Plat approved by the Board of County Commissioners.

     D. Upon the approval of the Board or the County Zoning Administrator, the revised plat shall be recorded by the County Zoning Administrator with the County Clerk and Recorder at the applicant’s expense.

     E. The County or its appointed representative shall not issue a building permit for any building site created or modified by an action under this Section, until the revised plat is recorded.

     F. The County shall maintain an adequate numbered filing system for all subdivisions, including copies of all maps, data and County actions. It shall also maintain a master location map (or maps) referenced to the filing system for public use and examination.

     G. Plats prepared pursuant to this Section may be subject to the Global Positioning System (refer to Chapter 16.68).

16.20.040 Withdrawal of approval.

     The Board may withdraw any recommendation by the Planning Commission or approval by the Board of a plan or plat if and when it is determined that information provided by the subdivider, upon which such decision was based, is false or inaccurate.

16.20.050 Recording final plat.

     A. The Board shall record the final plat with the County Clerk and Recorder within five (5) working days of approval of the final plat by the Board.

     B. The County Clerk and Recorder shall furnish the subdivider with a receipt for the final plat upon filing of the final plat.

16.20.060 Reserved.

16.20.070 Vacation of plats.

     A. Any plat or any part of any plat that has been duly recorded and approved by the Board may be vacated by the owner of the premises by submitting to the County Zoning Administrator a written application containing the following:

  1. The applicant’s name, address, and the name and address of any person, firm or corporation represented by such applicant in the application;
  2. The interest of the applicant and the interest of the person, firm or corporation represented by the applicant, be it legal, sales, development, operation or other interest;
  3.  A statement of facts which the applicant believes justifies the vacation, including, but not limited to, a general description of the area surrounding the proposed vacation which will be thereby affected. Such description shall address the environmental, economic and traffic effect of the proposed vacation;
  4.  A vacation plat prepared by and carrying the seal of a Colorado licensed land surveyor. The vacation plat shall, where applicable, show existing and proposed structures, uses, open spaces, facilities for parking and loading, and arrangement for pedestrian and vehicular circulation;
  5.   A letter from the fire department, school district, and all applicable utility companies and special districts which serve the area in and around the property whose vacation is being sought, the Public Works Director, the County Zoning Administrator, and the County Sheriff. Such letter shall state the respective authorities’ position concerning the proposed vacation;
  6.   A title insurance commitment or a title policy issued by a title insurance company, or an attorney’s title opinion, certified to a date not more than thirty (30) days prior to the submittal of the plat vacation to the Department of Planning and Development, showing the names of the owners of the land and all other persons who have an interest in or an encumbrance on the property described on the vacation plat;
  7.   The County Treasurer’s certification that all prior years' taxes have been paid shall be submitted a minimum of fifteen (15) days prior to consideration by the Board of County Commissioners (refer to Section 16.20.080);

    B. The plat vacation application shall be reviewed by the Commission in like manner as plats of subdivisions. The Commission shall cause written notice of a public hearing on any proposed plat vacation to be sent to owners of real property contained in the subdivision or whose property is within three hundred (300) feet of the exterior boundaries of the subdivision. Such notice shall be sent by first class mail with postage prepaid not less than fifteen (15) days prior to the public hearing. Notice shall also be given by one publication in a newspaper of general circulation in the County not less than fifteen (15) days prior to the public hearing. Notice of the hearing shall also be posted in a conspicuous place in the subdivision. Such posted notice shall be not less than eighteen (18) inches by twenty-four (24) inches with letters not less than one (1) inch in height. The Commission shall forward to the Board its recommendation within thirty (30) days after the hearing is concluded.

     The plat vacation application shall then be submitted to the Board for its review and approval, conditional approval, or denial, after notice in like manner as final subdivision plats.

     C. The vacation plat, if approved, shall be filed and recorded in the County Clerk and Recorder’s Office by the County Zoning Administrator at the applicant’s expense. The vacation plat shall divest all public rights in the streets, alleys, and public ways, and in all dedications laid out or described in the subdivision plat except where reservation is made therefrom.

     D. Before any action on the application shall be taken as provided herein, the applicant proposing the vacation shall deposit with the County Planning and Development Department a nonrefundable application fee as set forth by the Board by resolution.

16.20.080 Treasurer’s certification of taxes paid.

     A. No plat for subdivided land shall be approved by the Board of County Commissioners unless at the time of the approval of platting the subdivider provides the certification of the County Treasurer’s office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid.

    B. The ad valorem taxes referenced in the above paragraph shall include:

  1. Real property taxes on the land and improvements;
  2. Mobile home taxes;
  3. Mineral rights taxes; and
  4. Special assessments.

     C. Treasurer’s certifications shall be required for final plats of subdivisions, resubdivisions, subdivision variances, subdivision exemptions, subdivision vacations, lot line rearrangements (minor rearrangements of lot lines) and correction plats.

     D. Treasurer’s certifications shall be submitted a minimum of fifteen (15) days in advance of the Board of County Commissioners’ meeting at which the plat is to be considered. The only exceptions shall be for plats scheduled to be considered by the Board between January 1 and January 15. Treasurer’s certifications for plats scheduled during this time period shall be submitted prior to the Board’s approval.

     E. Treasurer’s certifications for plats of lot line rearrangements (minor rearrangement of lot lines) shall be provided with the submittal of the application.