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HomeMy WebLinkAbout08411*ORDINANCE NO. 8411 AN ORDINANCE APPROVING THE PUEBLO CITY- COUNTY HEALTH DEPARTMENT SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Pueblo City-County Health Department Subdivision, being a subdivision of land legally described as: FRACTIONAL LOTS 1 AND 2 IN BLOCK 164 IN J.F. SMITH'S ADDITION TO THE CITY OF PUEBLO, AND FRACTIONAL LOTS 1 AND 2 IN BLOCK 3 IN THE COUNTY ADDITION TO THE CITY OF PUEBLO, AMENDED PLAT, ALSO FRACTIONAL LOT 3 IN BLOCK 164 OF J.F. SMITH'S ADDITION TO THE CITY OF PUEBLO; AND FRACTIONAL LOT 3 IN THE BLOCK 3, IN THE COUNTY ADDITON TO THE CITY OF PUEBLO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FRACTIONAL LOT 3, IN THE BLOCK 164, THENCE RUNNING NORTH ALONG THE WEST LINE OF SANTA FE AVENUE 42 FEET 8 INCHES; THENCE WEST 120 FEET TO AN ALLEY PASSING THROUGH SAID BLOCK 3; THENCE SOUTH ALONG THE EAST LINE OF SAID ALLEY 42 FEET 8 INCHES; THENCE EAST 120 FEET TO THE PLACE OF BEGINNING. FRACTIONAL LOT 4, BLOCK 164, IN J.F. SMITH'S ADDITION TO THE CITY OF PUEBLO, AND FRACTIONAL LOT 4 IN BLOCK 3 OF THE COUNTY ADDITION TO THE CITY OF PUEBLO. ALL THAT PORTION OF FRACTIONAL LOTS 5 AND 6 IN FRACTINOAL BLOCK 164 IN J.F. SMITH'S ADITION TO THE CITY OF PUEBLO AND OF FRACTIONAL LOTS 5 AND 6 IN FRACTIONAL BLOCK 3 IN THE COUNTY ADDITION TO THE CITY OF PUEBLO, AMENDED PLAT, BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT; COMMENCING AT A POINT ON THE SOUTH LINE OF TENTH STREET 31 FEET WEST FROM THE NORTHEAST CORNER OF SAID BLOCK 164; THENCE WEST ALONG THE SOUTH LINE OF TENTH STREET 31 FEET TO A POINT; THENCE SOUTH 85.33 FEET PARALLEL TO THE WEST LINE OF SANTA FE AVENUE TO A POINT ON THE SOUTH LINE OF LOT 5 IN THE SAID BLOCK 3; THENCE EAST ALONG THE SOUTH LINE OF LOT 5 IN THE SAID BLOCK 3 AND LOT 5 IN SAID BLOCK 164, 31 FEET TO A POINT; THENCE NORTH AND PARALLEL TO THE WEST LINE OF SANTA FE AVENUE 85.33 FEET TO THE PLACE OF BEGINNING. THE EAST 31 FEET OF FRACTIONAL LOTS 5 AND 6 BLOCK 164, IN J.F. SMITH'S ADDITION TO THE CITY OF PUEBLO. THE WEST 28 FEET OF LOTS 5 AND 6, BLOCK 3, COUNTY ADDITION, AMENDED PLAT. ALL THAT PORTION OF FRACTIONAL LOSTS 5 AND 6 IN FRACTIONAL BLOCK 3, IN THE COUNTY ADDITION, AMENDED PLAT, BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT; COMMENCING AT A POINT ON THE SOUTH LINE OF WEST 10TH STREET, DISTANT 28 FEET FROM THE NORTHWEST CORNER OF SAID LOT 6, WHICH POINT IS DESIGNATED FOR THE PURPOSE OF THIS DESCRIPTION AS THE POINT OF BEGINNING; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SANTA FE AVENUE 85.33 FEET TO THE SOUTH LINE OF SAID LOT 5; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 5, 30 FEET TO A POINT; THENCE NORTH PARALLEL WITH THE WESTLINE OF SANTA FE AVENUE 85.33 FEET TO THE SOUTH LINE OF WEST 10TH STREET; THENCE WEST ALONG THE SOUTH LINE OF WEST 10TH STREET, 30 FEET TO THE PLACE OF BEGINNING. ALL OF LOTS 7, 8 AND 9, LOT 10 EXCEPT THE NORTH 70 FEET OF THE WEST 31 FEET, AND LOT 11 EXCEPT THE NORTH 70, ALL IN BLOCK 3, IN THE COUNTY ADDITION, AMENDED PLAT, TOGETHER WITH THE NORTH ½ OF VACATED ALLEY LYING SOUTH OF AND CONTIGUOUS TO SAID LOTS 7, 8, 9, 10 AND 11. THE NORTH 70 FEET OF THE WEST 31 FEET OF LOT 10 AND THE NORTH 70 FEET OF LOT 11, BLOCK 3, COUNTY ADDITION, AMENDED PLAT. LOTS 12, 13, 14, 15 AND 16 IN BLOCK 3, TOGETHER WITH THE ½ OF THE VACATED ALLEY ADJOINING SAID LOTS ON THE NORTH, COUNTY ADDITION, AMENDED PLAT. LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, EXCEPT THE WEST 16 FEET OF LOT 9; ALL OF LOTS 12, 13, 14, 15 AND 16, AND THE WEST ½ OF THE VACTED ALLEY LYING EAST OF AND CONTIGUOUS TO SAID LOT 16; AND ALSO THE SOUTH ½ OF THE VACATED ALLEY LYING NORTH OF AND CONTIGUOUS TO SAID LOTS 15 AND 16, AND THE EAST ½ OF THE VACATED ALLEY LYING WEST OF AND CONTIGUOUS TO LOTS 1 AND 2, AND TO THE SOUTH 34 FEET 8 INCHES OF LOT 3; AND ALL OF THE VACTED ALLEY LYING WEST OF AND CONTIGUOUS TO THE NORTH 8 FEET OF LOT 3 AND TO LOTS 4, 5 AND 6, AND ALSO THE NORTH ½ OF THE VACATED ALLEY LYING SOUTH OF AND CONTIGUOUS TO LOTS 7 AND 8, BLOCK 4, COUNTY ADDITION, AMENDED PLAT. ALL BEING IN THE COUNTY OF PUEBLO, STATE OF COLORADO Also described as: A parcel of land located in the Southeast Quarter of Section 25, Township 20 South, Range 64 West, and the Southwest Quarter of Section 30, Township 20 South, Range 65 West, 6th Principal Meridian, City and County of Pueblo, State of Colorado, with all bearings contained hereon based upon a bearing of S00°54'42"E, as measured between found the city right of way monument, described as a lead and tacks in concrete in a monument box, at the intersection of 12th Street and Santa Fe Avenue, and the found city right of way monument, described as a lead and tacks in concrete in a monument box, at the intersection of 11th Street and Santa Fe Avenue, further described as follows: COMMENCING at the city right of way monument located at the intersection of 9th Street and Main Street, thence N44°08'12"E a distance of 42.43 feet, to a point on the Southwest corner of Block 3 of the Amendment to the County Addition to the City of Pueblo, THE POINT OF BEGINNING, thence N00°51'40"W along the West line of said Block 3, a distance of 256.44 feet, thence N89°05'20"E along the North line of said Block 3, a distance of 351.70 feet, thence S00°53'53"E along the East line of said Block 3 a distance of 256.71 feet, thence S89°08'03"W along the South line of said Block 3, a distance of 351.87 feet, to THE POINT OF BEGINNING, containing 90259 sq.ft. or 2.072 acres more or less. attached hereto, is hereby approved. SECTION 2. The acceptance of such dedicated streets, rights-of-way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights-of-way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this Ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this Ordinance or the City’s Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this Ordinance or in the City’s subdivision Ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24-l0-l0l, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. SECTION 4. This Ordinance shall be approved upon final passage but shall not become effective until (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the Pueblo Municipal Code meeting and complying with the subdivision requirements of the City with such modifications, if any, approved by City Council, have been filed with and approved by the Director of Public Works and (b) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant to Section 12-4-5 (B) (2) of the Pueblo Municipal Code, and are not for any reason filed and approved within one (l) year after final passage of this Ordinance, or within any extended period granted by Resolution 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 Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes effective. INTRODUCED November 14, 2011 BY: Chris Kaufman COUNCILPERSON PASSED AND APPROVED: November 28, 2011 Background Paper for Proposed ORDINANCE DATE: NOVEMBER 14, 2011 AGENDA ITEM # Q-13 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE PUEBLO CITY-COUNTY HEALTH DEPARTMENT SUBDIVISION PLAT ISSUE Shall City Council approve a request to resubdivide the two-acre property into two (2) th lots generally located at the Northwest corner of Santa Fe Avenue and 9 Street? RECOMMENDATION The Planning and Zoning Commission, at their August 10, 2011 Regular Meeting, voted 6-0 to recommend approval with conditions. Subsequently all conditions of approval have been met by the applicant. BACKGROUND The applicant is proposing to resubdivide a 2.06-acre parcel of land into two (2) government use lots. The property sits directly south of 10th Street, east of Main Street and west of Santa Fe Drive. The purpose of the subdivision is to provide a development site for the existing Pueblo City/County Health Department and to allow for more flexible financing by Pueblo County. The Pueblo City/County Health Department was constructed in 2008 and was originally slated to be resubdivided at that time. The subdivision case, S-07-24, was approved by the Planning and Zoning Commission, as well as, City Council (Ordinance 7731), but was never recorded. FINANCIAL IMPACT None.