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Home My WebLink About08541Reception 1931414 01/16/2013 1931414 ORD 01/16/2013 03:32:29 PM Page: 1 of 3 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co III I'i,'J iI'I d I� tiv.w.mcm Ili 1 111 ORDINANCE NO. 8541 AN ORDINANCE APPROVING THE MAR -KEN SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Mar -Ken Subdivision, being a subdivision of land legally described as: Beginning at a Colorado Department of Transportation monument on the North Right -of -way line of West Fourth Street known as CDOT #643, Project No. BR 0961 -008; thence N 23° 51' 02" W a distance of 297.30 feet ; thence S 63° 24' 58" W a distance of 361.37 feet; thence S 56° 15' 24" W a distance of 32.89 feet; thence S 42° 54' 43" W a distance of 37.28 feet; thence S 10° 02' 09" E a distance of 45.68 feet; thence N 84° 12' 28" E a distance of 104.73 feet; thence N 88° 01' 34" E a distance of 130.92 feet; thence S 88° 01' 26" E a distance of 22.27 feet; thence S 84° 22' 47" E a distance of 66.37 feet; thence S 80° 32' 05" E a distance of 167.10 feet to the Point of Beginning. Containing 1.61 ± Acres ALSO Commencing at a Colorado Department of Transportation monument on the North Right -of -way line of West Fourth Street known as CDO #643, Project No. BR 0961 -008; thence N 30° 12' 28" E a distance of 721.11 feet to the Point of Beginning. Thence N 25° 11' 30" W a distance of 200.86 feet; thence along a curve to the right with Radius = 46.76 feet, Length of Curve = 74.13 feet to the Southwesterly Right -of -way line of Midtown Circle Drive; thence S 40° 23' 37" E along the Right -of -way line of Midtown Circle Drive a distance of 199.70 feet to the Beginning of Curve on Midtown Circle Drive; thence S 30° 22' 48" W a distance of 49.69 feet ; thence S 78° 10' 44" W a distance of 105.66 feet to the Point of Beginning. Containing 0.64± Acres. attached hereto, is hereby approved. SECTION 2. The Subdivision is approved with the following conditions: 1931414 ORD 01/16/2013 03:32:29 PM Pa9e 2 ®� cf 3 R 2 1. D 0.00 T 21 P '1 Gt rig � k � 00 RINI � I .0 un 0 Y' t l ®I��fllll l 111 1. At the time of building permit, applicant shall install a sidewalk along the east property line of Lot 2, per Section 17- 4 -44(g) of the Pueblo Municipal Code. 2. Construct a trash enclosure for the existing dumpster on Lot 1, which complies with Section 17- 4- 7(b)(3)e. 1 through 3 of the Pueblo Municipal Code (PMC). Must be constructed prior with six (6) months of City Council approval of the subdivision. 3. Prior to recording the subdivision, all required easements and agreements must be recorded. SECTION 3. 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 4. 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 5. This Ordinance shall be approved and effective upon final passage, provided, however, that the final plat complies with Chapter 4 of Title XII of the Pueblo Municipal Code and with the subdivision requirements of the City with such modifications, if any, approved by City Council, and has been filed with and approved by the Director of Public Works, (b) the conditions of Section 2 have been agreed to in writing by the subdivision developer, and (c) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. All information, documents, drawings and profiles 1931414 ORD 01/16/2013 03:32:29 PM Page: 3 21.00 D 0.00 T 21.00 Gilbert Ortiz of 3 Clerk / Recorder, Pueblo County, Co 111 RNA ormileiemiffiA mirkimiciiiikci 1 II required by Chapter 4 of Title XII of the Pueblo Municipal Code shall be submitted and filed with the subdivision plat, except that the filing and approval of required detailed plans and profiles for streets, sanitary sewers, storm sewers and other drainage facilities, off -site easement, covenants or subdivision improvements agreement, described in a written instrument mutually acceptable to the subdivider and the Director of Public Works may be deferred for up to one (1) year from the date the final subdivision plat is approved by Ordinance adopted by the City Council (the "Deferred Filings "). If a complete set of such Deferred Filings are for any reason not filed with and approved by the Director of Public Works within said one -year period, the Ordinance conditionally approving the final subdivision plat may be rescinded and repealed by Ordinance adopted by City Council not sooner than thirty (30) days after written notice of such deficiency is given to the subdivision developer. No vested rights shall accrue to the subdivision or be acquired until such Deferred Filings are approved by the Director of Public Works and recorded in the office of the Pueblo County Clerk and Recorder. �;�,o, ^i , INTRODUCED: NOVEMBER 12, 2012 act 4 ) �� %� "�; "' c BY: Sandy Daff .1 �',;�� COUNCI 'E' ON � Vi a o�c rr � v (/ /� t � rr . ..na '•!� �� ,,� M 1 �l Q ,\ APPROVE 1. ,,,e40/, /�,� " o - -- - , ' ' . 110 EN ' OF CITY COUNCIL . ATTESTED BY: TY CLERK PASSED AND APPROVED: November 26, 2012 Background Paper for Proposed ORDINANCE DATE: NOVEMBER 12, 2012 AGENDA ITEM # S-13 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JULIE ANN WOODS, DIRECTOR TITLE AN ORDINANCE APPROVING THE MAR-KEN SUBDIVISION PLAT ISSUE Should City Council approve the request to subdivide the 2.25-acre property currently known as Phase I and II of the Midtown Overall Development Plan into two (2) lots? RECOMMENDATION The Planning and Zoning Commission, at their September 12, 2012 Regular Meeting, voted 6-0 to recommend approval with conditions. Subsequently, all conditions have been satisfied by the applicant, with the following exceptions: 1. At the time of building permit, applicant shall install a sidewalk along the east property line of Lot 2, through the existing parking area, per Section 17-4-44(g) of the Pueblo Municipal Code. 2. Construct a trash enclosure for the existing dumpster on Lot 1, which complies with Section 17-4-7(b)(3)e. 1 through 3 of the Pueblo Municipal Code (PMC). Must be constructed within six (6) months of City Council approving the subdivision. 3. Prior to recording the subdivision, all required easements and agreements must be recorded. BACKGROUND The applicant is proposing to subdivide the 2.25-acre property into two (2) lots. The lots are a portion of the Midtown Overall Development Plan that was approved by the Planning & Zoning Commission on March 14, 2012, enabling the subdivision of this portion of the Midtown, RLLLP ownership. FINANCIAL IMPACT None.