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HomeMy WebLinkAbout08448Reception 1901885 03/16/2012 ORDINANCE NO. 8448 AN ORDINANCE APPROVING THE PARK WEST BUSINESS CAMPUS, FILING NO. 7 SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. ° The final plat of the Park West Business Campus, Filing No. 7 Subdivision, being a a0 0 MN subdivision of land legally described as: Nm m • LOTS 1, 2 AND 3, PARK WEST BUSINESS CAMPUS, FILING NO. 6, CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO, BEING m m o 1 SUBORDINATELY DESCRIBED AS FOLLOWS: N \ •oN� '+N \ Y _ A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE M� f SOUTHWEST QUARTER OF SECTION 15 AND THE NORTH HALF OF �M THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 20 SOUTH, o �� RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN. o. THE BASIS OF BEARINGS IS NORTH 88 °42'57" EAST FROM THE SOUTHWEST CORNER OF SAID SECTION 15, AS MONUMENTED BY A BRASS CAP STAMPED "BUR. OF LAND MANAGEMENT ", A DISTANCE OF 1299.94 FEET ALONG THE SOUTH LINE OF SAID SECTION 15 TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15, AS MONUMENTED BY AN ALUMINUM CAP STAMPED "LS12933 ". BEGINNING AT SAID SOUTHWEST CORNER OF SECTION 15; THENCE THE FOLLOWING TEN (10) COURSES ALONG THE WESTERLY, NORTHERLY, EASTERLY AND SOUTHERLY LINES OF LOTS 1, 2 AND 3 PARK WEST BUSINESS CAMPUS, FILING NO. 6, IN THE CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO: 1. NORTH 01 °45'08" WEST, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15, A DISTANCE OF 528.27 FEET; 2. SOUTH 40 °33'46" EAST, A DISTANCE OF 102.58 FEET; 3. SOUTH 55 °53'03" EAST, A DISTANCE OF 202.75 FEET; 4. SOUTH 62 °28'07" EAST, A DISTANCE OF 198.73 FEET; 5. SOUTH 52 °35'36" EAST, A DISTANCE OF 201.18 FEET; 6. SOUTH 52 °24'32" EAST, A DISTANCE OF 163.78 FEET; 7. SOUTH 39 °13'54" EAST, A DISTANCE OF 423.00 FEET; 8. SOUTH 01 °19'09" EAST, A DISTANCE OF 289.60 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF 31ST STREET AS SHOWN ON PARK WEST BUSINESS CAMPUS, FILING NO. 5; 9. SOUTH 88 °40'51" WEST, ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 952.54 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 22; 10. NORTH 00 °34'08" WEST, ALONG SAID WEST LINE, A DISTANCE OF 616.74 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 722,144 SQUARE FEET OR 16.578 ACRES MORE OR LESS. aTE attached hereto, is hereby approved. ° SECTION 2. E m Q � � o— The acceptance of such dedicated streets, rights -of -way, utility and drainage M_ N o1 easements, public sites, parks and open spaces by the City does not obligate the City to mm a NO W ° - maintain or repair same until such streets, rights -of -way, utility and drainage easements, Nm N �° — public sites, parks and open spaces have been constructed and installed in compliance and M�m� °M 8 in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo 0 0 IffN Municipal Code, as amended and any agreement entered into pursuant thereto. m.. L ma in 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 (I) 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. r< ° t o INTRODUCED: January 23, 2012 � � '% i BY Steve Nawrocki ,► 4 CO CIL P ' :ON ..,..._. l MM�MII�IMM�llllr ti °,� A PPROVED . /AerA�1/ ` � .a.. ^ 'z ` PRE T..' T OF ' ITY COUNCIL ATTESTED BY: - - 'CITY CLERK PASSED AND APPROVED: February 13, 2012 901885 ORD 03/16/2012 10:26 :33 AM 1 P age : 30 of 3 R 2 1.00 D 0 .00 T 21.00 Gilbert rtiz ClerkReoorder, Puebla County Co 1111 ViillillifICRICIIVI fill IA 141,41111111 1 II1 Background Paper for Proposed ORDINANCE DATE: JANUARY 23, 2012 AGENDA ITEM # R-4 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE PARK WEST BUSINESS CAMPUS, FILING NO. 7 SUBDIVISION PLAT ISSUE Should City Council approve a request to resubdivide the 16.578-acre property into st three (3) lots generally located north of 31 Street and east of Pueblo Boulevard? RECOMMENDATION The Planning and Zoning Commission, at their December 14, 2011 Regular Meeting, voted 6-0 to recommend approval with conditions. Subsequently all conditions of approval have been met by the applicant. BACKGROUND Originally the subject property was platted as Lot 3, Block 1, Park West Business Campus, Filing No. 5 and was created to facilitate commercial development along the eastern corridor of Pueblo Boulevard. The property was then resubdivided as Park West Business Campus, Filing No. 6, which contained three parcels, three lots, and a private street. With Filing No. 6, the applicant subdivided 25.8167-acres to facilitate development of an assisted living complex, which is still the intent for Lot 1. The current subdivision request will dedicate Bonaventure Court as a public street rather than a private street. The subdivision will create several additional easements. These include two (2) entry feature easements and two (2) pedestrian easements, located on each side of st Bonaventure Court at 31 Street. The entry feature easements are for development signage. FINANCIAL IMPACT None.