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HomeMy WebLinkAbout08414Reception 1892682 12/05/2011 ORDINANCE NO 8414 AN ORDINANCE APPROVING THE COUNTRY CLUB VISTA SUBDIVISION, FILING NO 1, A SPECIAL AREA PLAN SUBDIVISION PLAT 3 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that. rm a tD SECTION 1. I:. The final plat of the Country Club Vista Subdivision, Filing No 1, A Special Area co Plan, being a subdivision of land legally described as �oa Nm o� \ m— A portion of the NW 1 /4 of the SW 1 /4 of Section 13, Township 20 South, Range 65 West of the 6 P M , County of Pueblo, State of Colorado, being a portion is, coo om of Block 23, Highland Site according to the recorded plat thereof filed for ON N _ record December 16, 1889 in Book 5 at Page 30 of the Pueblo County ° o Records together with a portion of vacated alley and streets adjacent to said ; �° Block 23 and being more particularly described as follows m t ° . ° ate BEGINNING at the Northeast corner of Country Club Village Subdivision Fourth Filing according to the recorded plat thereof filed for record September 16, 1991 in Book 2558 at Page 992 of the Pueblo County Records said point also being on the south line of Wills and O'Neal Subdivision Amended according to the recorded plat thereof filed for record July 8, 1977 in Book 1894 at Page 234 of the Pueblo County Records, thence N88 °11'53 "E (bearings based on the Colorado State Plane Coordinate System of 1983 (2007) South Zone established on a line between NGS Control Station Pueblo CBL 973 and NGS Control Station B 4 to bear N45 °07'02 "W) along said south line of Wills and O'Neal Subdivision Amended, a distance of 217 75 feet; thence S01 °48'07 "E, a distance of 125 00 feet, thence S88 °11'53 "W, a distance of 106 00 feet, thence N46 °21'41 "W, a distance of 72 08 feet to a point on the southerly line of a Turn Around Easement, filed for record August 9, 1989 in Book 2456 at Page 539 in the records of the Pueblo County Clerk and Recorder; thence along said southerly line of a Turn Around Easement the following two (2) courses 1) along the arc of a non - tangent curve to the right whose center bears N 46°21'41"W, having a central angle of 44 °33'34" and a radius of 43 00 feet, a distance of 33 44 feet, 2) S 88 °11'53 "W, a distance of 31 00 feet to a point on the east line of said Country Club Village Subdivision Fourth Filing, thence N01 °48'07 "W along said east line, a distance of 86 00 feet to the POINT OF BEGINNING Said Parcel contains 0 54 acres more or Tess attached hereto, is hereby approved 1892682 ORD 12/05/2011 09 17 54 AM Page 20 16 00 0 0 0 16 00 Gilbert rtiz of 2 Clerk R /Recorder Pueblo County Co SECTION 2. 1111 ' PCr NNW, lit NAN 11111 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 -10 -101, 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 (1) 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 - •.•'vision or be acquired until this Ordinance becomes effective 41r.°. ao $ 1 '' ° � °. INTRODUCED November 14, 2011 \ � ' 1 1 ;� BY Chris Kaufman NA ._ CO CIL ERSON • APPROVED ob ' =— a , PRESID=NT OF CITY COUNCIL ATTESTED ITY CLERK PASSED AND APPROVED November 28, 2011 Background Paper for Proposed ORDINANCE DATE: NOVEMBER 14, 2011 AGENDA ITEM # Q-16 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE COUNTRY CLUB VISTA SUBDIVISION, FILING NO. 1, A SPECIAL AREA PLAN SUBDIVISION PLAT ISSUE Shall City Council approve a request to subdivide Phase 1 of the Pueblo Country Club Overall Development Plan into one, 0.41-acre lot and an access parcel? RECOMMENDATION The Planning and Zoning Commission, at their July 13, 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 subdivide the 0.54 acre property into one, 0.41-acre lot and an access parcel. Access will be provided via Country Club Village, with the existing bulb of the cul-de-sac for the turn-around that will be available for use by the residents of Lot 1, as well as, the residents of the existing Country Club Village Subdivision. This property is a portion of the Pueblo Country Club Golf Course. The Pueblo Country Club Overall Development Plan was approved by the Planning and Zoning Commission on April 13, 2011, enabling the subdivision of this portion of the Pueblo Country Club ownership. Several conditions of approval and requirements of the approval of the Overall Development Plan have been addressed with the Special Area Plan and Zoning Map Amendment for this property. FINANCIAL IMPACT None. Reception 1892684 12/05/2011 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ( "Agreement ") is made by and between Country Club Village Homeowners Association, Inc. (the "Grantor "), and the Pueblo Country Club formerly known as the Pueblo Golf and Country Club also known as the Pueblo Golf Club (the "Grantee ") RECITALS A. Grantor is the owner of land more particularly described on Exhibit A attached and incorporated by reference (the "Grantor's Property ") B. The Grantee is the owner of property described in Exhibit B attached and incorporated by referenced (the "Grantee's Property ") C. The Grantor agrees to convey to the Grantee a non - exclusive perpetual access easement and right -of -way over, upon and across the property described in Exhibit A to provide ingress and egress for vehicular and pedestrian access to and from the property described in Exhibit B and a Mailbox Easement on or near the property described in Exhibit A. NOW THEREFORE, for and in consideration of the sum of ten dollars ($10 00) and other good and valuable consideration receipt and sufficiency of which is hereby acknowledged, the parties do convey and covenant as follows 1. Access Easement. The Grantor grants, sells and conveys to Grantee its successors and assigns, a non- exclusive perpetual easement and right -of -way, over, upon and across the property described in Exhibit A to provide ingress and egress for vehicular and pedestrian access to and from Outlook Blvd to the property described in Exhibit B The vehicle access however, is limited to passenger vehicles and shall not include heavy equipment prohibited by the Grantor due to the potential for surface damage (i e dump truck, front -end loader, backhoe, concrete truck, etc.) unless otherwise agreed to by Grantor in advance in writing. 2. Mailbox Easement. The Grantor sells and conveys to the Grantee, its successors and assigns a non - exclusive perpetual easement for a mailbox located on or near the property described in Exhibit A located within the Country Club Village Subdivision Fourth Filing including but not limited to ingress and egress to the mailbox of the Grantee, its heirs, successors and assigns. 3 Running of Benefits and Burdens. The easements granted by this Agreement are appurtenant to and for the use and benefit of the property described in Exhibit B and shall run with the land and shall be binding upon the property of the Grantor 1 4 No Public Dedication. The provisions of this easement shall not be deemed or constitute a dedication for public use nor create any rights in the general public, nor benefit any other real property other than the property described in Exhibit 13 5 Binding Agreements. This Agreement shall be binding upon and shall inure to the benefit of the parties and their successors and assigns. 6. Amendments. No provision of this easement shall be amended, revoked or waived except by a writing signed by all parties and ratified by the City of Pueblo Any amendment or modification shall be executed by the parties, approved by the City of Pueblo and recorded in the records of the Clerk and Recorder for the County of Pueblo, Colorado. 7 Attorneys Fees and Costs. In the event of any controversy, claim or dispute regarding this Agreement or the breach of this Agreement, the prevailing party shall be entitled to recover from the losing party its reasonable attorney's fees, costs and expenses in addition to any other relief the prevailing party may be entitled 8. Waiver of Jury Trial As additional consideration for this Agreement, the parties waive any and all rights to a jury in any litigation to enforce, interpret or seek damages related to or in any way connected with this Agreement or the subject matter of this Agreement. 9 Authority Grantor warrants to the Grantee that the Grantor (a) has good and sufficient right and title in and to the property described in Exhibit A and full power to grant this easement and (b) will defend Grantee's quiet and peaceful use of the property described in Exhibit A as provided by this Agreement against all persons who may lawfully claim title to the property 10. Effective Date. The effective date of this Agreement shall be the date the Agreement is signed by all parties and recorded in the records of the Clerk and Recorder for the County of Pueblo, Colorado Grantor COUNTRY CLUB VILLAGE HOMED NERS ASSOCIATION, INC. AI _riff By Its President 2 STATE OF COLORADO) )ss. COUNTY OF PUEBLO ) Z he foregoing Mtrument was acknowledged before me this 2-�n day of \ _CZ_ , 2011 by'-. �, C i-, its (�(L� SkCf t � A- of the Country Club Village Homeowners Association, Inc. `� My commission expires 1 Iy Z O\ . • 4 10Q-4 Notary Public NiIFE HIBBERT NOTA DERY PUBLIC STATE OF COLOR "" ^'qi,.,,..,,..,..., =—. Grantee PUEBLO COUNTRY CLUB F /K /A THE PUEBLO GOLF AND COUNTRY CLUB A /K /ATH ''UEBL• •LFCLUB La ititi4.■ )1 11111P ' By C. Gary Miller Its President STATE OF COLORADO) )ss. COUNTY OF PUEBLO) The foregoing instrument was acknowledged before me this`i day of 1 2011 by C. Gary Miller, President of the Pueblo Country Club f /k /a the Pueblo Golf and Country Club a /k /a The Pueblo Golf Club My commission expires JANET MARIE SALIMENO o i NOTARY PUBLIC &IA A� / :- 4 / j _ STATEOFCOLORADO N./ ry Public My commission exrires July 16, 2013 3 .EXHIBIT ' . ir AN EASEMENT WITHlN.J1 Y'©RTIQN of= PAP 0 As COUNTRY 01-11 13 SUiWIVIS70N FOURTH WOATfP'W/THIN A PORT ON OF 77 NVV 1/4 OF.'•THE SW 1/4 OF SECTION :'IA TOWNSHIP 20 S OUTH, RANGE. GG:WEST OFTTHE_! SIXTH PRINC(PAI MERIDIAN, COUNTY OFPUSRI -Q, 'STATF.QE mORADQ. t4W'114 SW 1/4 'SECTION 13 • • .. • N'BU 7 88"1 ".F T7.80' . lil � . 1,Or6 '1-:OT I 8 L LO I '( 8 [ LOT 'LO.T 1 o I:O.1:131",15 : S , I. GP.T : • 2 IRT 4 : a iG07A • p ;COUNTRY ; I � it 1:01' 11 LOT 12! : LOT LOT 1q . I OIUN.VI gog0 18i � N FOitiTH'P.ILIN PILING ' • , �. (p e Bi •fl 0 z T kRcEL •is . .• . tIT141TY WATER MFTER AMP ,AOFEasEAsEMENf S an 58'12" W 778:88' 1/1/ " "' • ` l.. 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"AL • i• •i 1892684 EASE 12/05/2011 09.17 54 AM pogo 5 of 6 R 36 00 D 0 00 T 36 00 Gilbert Ortiz Clerk/Recorder Pueblo County Co III Prei,11111/21M IL 11111 •i •,, EXHIBIT "J3" A portion of the NW % of the SW Y4 of Section 13, Township 20 South, Range 65 West of the 6 P M,, County of Pueblo, State of Colorado, being a portion of Block 23, Highland Site according to the recorded plat thereof filed for record December 16, 1889 In Rook 5 at Page 30 of the Pueblo County Records together with a portion of vacated alley and streets adjacent to said Block 23 and being more particularly described as fellows; BEGINNING at the Northeast corner of Country Club Village Subdivision Fourth Filing according to the recorded plat thereof filed for record September 16,19911n Book 2558 at Page 995 and 996 of the Pueblo County Records sald point also being on the south line of Wills and O'Neal Subdivision Amended according to the recorded plat thereof filed for record July 8, 1977 In Rook 1894 at Page 234 of the Pueblo County Records; thence N88 °11'53 "E (bearings based on the Colorado State Plane Coordinate System of 1983 (2007) South Zone established on a line between NGS Control Station Pueblo CBL 973 and NGS Control Station B4 to bear N45 °07'02 "W) along said south line of Wills and O'Neal Subdivision Amended, a distance of 217 75 feet; thence S01 °48'07 "E, a distance of 125.00 feet; thence S88 °11'53 "W, a distance of 106,00 feet, thence N46 °21'41 "W, a distance of 72.08 feet to a point on the southerly line of a Turn Around Easement, filed for record August 9, 1989 in Book 2456 at Page 539 in the records of the Pueblo County Clerk and Recorder, thence along said southerly line of a Turn Around Easement the following two (2) courses. 1.) along the arc of a non tangent curve to the right whose center bears N 46 °21'41 "W, having a central angle of 44 °33'34" and a radius of 43,00 feet, a distance of 33,44 feet, 2) S 88 °11'53 "W, a distance of 31.00 feet to a point on the east line of said Country Club Village Subdivision Fourth Filing; thence N01°48'07 "W along said east line, a distance of 86 00 feet to the POINT OF BEGINNING Said Parcel contains 0,54 acres more or less