HomeMy WebLinkAbout08986Reception 2043652
07/27/2016 03:01PM
ORDINANCE NO. 8986
AN ORDINANCE APPROVING THE UNIVERSITY HILLS, FILING -V-;
NO. 1, 1ST AMENDMENT, SUBDIVISION PLAT am
All of Parcel A in the Rearrangement of Property Boundaries, according to the
recorded plat thereof, filed for record at Reception No. 1616749.
Containing 1.591 acres, total.
Said plat is attached hereto and hereby approved. All dedicated streets, utility and drainage
easements, rights-of-way and land set aside for public sites, parks and open spaces shown and
dedicated on said plat are hereby accepted for public use subject to any conditions as set forth
on said plat or as herein provided.
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
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BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
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SECTION 1.
The final plat of the University Hills, Filing No. 1, 1St Amendment, being a subdivision of
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land legally described as:
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Considering the East line of the SE 1/4 of Section 7, Township 20 South, Range
N:°-,:,.
64 West of the 6th P.M. to bear S. 00046'08" W. and all bearings contained herein
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being relative thereto.
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04.
All of Lot 1, Block 3 in University Park Subdivision, 19th Filing, according to the
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recorded plat thereof, filed for record at Reception No. 1492673
AND
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All of Parcel A in the Rearrangement of Property Boundaries, according to the
recorded plat thereof, filed for record at Reception No. 1616749.
Containing 1.591 acres, total.
Said plat is attached hereto and hereby approved. All dedicated streets, utility and drainage
easements, rights-of-way and land set aside for public sites, parks and open spaces shown and
dedicated on said plat are hereby accepted for public use subject to any conditions as set forth
on said plat or as herein provided.
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 24-10-101, 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.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of the Ordinance to effectuate the policies and procedures described
herein.
SECTION 5.
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 the subdivision or be acquired until this Ordinance
becomes effective.
INTRODUCED March 28, 2016
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CITIbQLERK
PASSED AND APPROVED: April 11, 2016
• • ON
City Clerk's Office Item # R-3
COUNCIL MEETING DATE: March 28, 2016
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING THE UNIVERSITY HILLS, FILING NO. 1, 1sT
AMENDMENT, SUBDIVISION PLAT
SUMMARY:
The Applicant is requesting to subdivide the subject property, totaling approximately 1.59 -acres,
to move the lot line between the two properties.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The applicant is proposing to subdivide the two properties, located at 4810 Polo Court and 1111
Lavender Way. The applicant has agreed to purchase a portion of the property located along the
property line separating the subject properties and with this subdivision, the property line will be
relocated accordingly. Normally, this would go through an administrative process of a lot line
rearrangement; however, the property is located in two separate subdivisions so a resubdivision
is required.
FINANCIAL IMPLICATIONS:
The approval of this subdivision plat will not have any immediate financial impact to the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their December 9, 2015 Regular Meeting, voted 4-0
with Commissioners Castelucci, Lujan-Slak and Webb absent, to recommend approval with the
following conditions:
1. All owners listed on the title commitment must sign the plat.
2. Provide tax certificates. All taxes must be paid prior to the case being scheduled for
City Council.
All conditions have been complied with by the applicant.
STAKEHOLDER PROCESS:
The Planning Department sent out Notice of the Planning and Zoning Commission Public Hearing
to all property owners located within 300 feet of the subject property.
A Public Notice poster was placed on the subject property 15 days prior to the Public Hearing.
ALTERNATIVES:
If City Council does not approve this Ordinance, the current subdivision would remain and would
impede the applicant's ability to develop the property.
Upon request of City Council, the Ordinance could be returned to the Planning and Zoning
Commission for consideration of proposed modifications.
RECOMMENDATION:
Approval of the Ordinance.
Attachments: Minutes of the Planning and Zoning Commission December 9, 2015 Public
Hearing
Planning and Zoning Commission Staff Report with Exhibits
Reception 2043654
07/27/2016 03:01:03 PM
RATIFICATION OF PLAT
FOR VALUE RECEIVED, the undersigned being the owner of indebtedness
secured by a deed of trust recorded June 19 2013 , in Book
at Page , Reception Number 1946578 , does hereby ratify
and consent to the subdivision ol'the land platted as University Hills, Filing No. 1,
1 st Amendment
Reception Number
shown on the Subdivision Plat recorded by
in the records of Pueblo County, Colorado, and
confirms and joins in the dedication of all streets, easements, rights of way and access
restrictions shown thereon and subordinates its interest in the property described in the
Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto
between the Subdivider and City of Pueblo executed in conjunction therewith.
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Signed this Jq day of ( ,l% ,
Sunflower Bank
Company Name
By:
Title: A V h
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
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The foregoing instrument was acknowledged before me this I Q day of
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Reception 2043655
07/27/2016 03:01:03 PM
RATIFICATION OF PLAT
FOR VALUE RECEIVED, the undersigned being the owner of indebtedness
secured by a deed of trust recorded May 30 2013 , in Book
at Page , Reception Number 1944395 , does hereby ratify
and consent to the subdivision of the land platted as University Hills, Filing No. 1,
1stAmendment shown on the Subdivision Plat recorded by
Reception Number
in the records of Pueblo County, Colorado, and
confirms and joins in the dedication of all streets, easements, rights of way and access
restrictions shown thereon and subordinates its interest in the property described in the
Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto
between the Subdivider and City of Pueblo executed in conjunction therewith.
Signed this _ day of kA(b;V (I
Sunflower Bank
Company Name
By: G
Title: A J 7
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
Wr
The foregoing instrument was acknowledged before me this day of
Mali t by SbCA L! l'l (1 L1 h(Q as
V I' of S i trl 'It? i/V V 17c' a Ad A
My Commission Expires: od 4 goo
Jodie Roberts Not ry Public
DPW 107 Notary Public
02/05/02 State of Colorado
Notary ID#: 20114065671
_My Commission Expires: 10/12/2019
Reception 2043656
07/27/2016 03:01:03 PM
RATIFICATION OF PLAT
FOR VALUE RECEIVED, the undersigned being the owner of indebtedness
secured by a deed of trust recorded June 18
2013 , in Book
at Page , Reception Number 1946334 , does hereby ratify
and consent to the subdivision of the land platted as University Hills, Filing No. 1,
1 st Amendment
shown on the Subdivision Plat recorded by
Reception Number in the records of Pueblo County, Colorado, and
confirms and joins in the dedication of all streets, easements, rights of way and access
restrictions shown thereon and subordinates its interest in the property described in the
Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto
between the Subdivider and City of Pueblo executed in conjunction therewith.
Signed this day of ll
Sunflower Bank and Mortgage Electronic Registration Systems
Company Name
By: G/
Title: v P
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this day of
901 l t by S' bkCLyU n 'L,-- iso o as
IVP of C3L& nk k0VVL- P h k :0i
My Commission Expires: Cic 1 .rl
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DPW 107
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02/05/02 02/05/02Notary p ,,t i;c
ate Of Colorado
ip#: 20114065671sion Ex ires; 10/12/2019
Reception 2043657
07/27/2016 03:01:03 PM
RATIFICATION OF PLAT
FOR VALUE RECEIVED, the undersigned being the owner of indebtedness
secured by a deed of trust recorded May 23 2013 in Book
at Page , Reception Number 1943678 does hereby ratify
and consent to the subdivision of the land platted as University Hills, Filing No. 1,
1stAmendment shown on the Subdivision Plat recorded by
Reception Number in the records of Pueblo County, Colorado, and
confirms and joins in the dedication of al I streets, easements, rights of way and access
restrictions shown thereon and subordinates its interest in the property described in the
Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto
between the Subdivider and City of Pueblo executed in conjunction therewith.
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Signed this ly day of tik ! b I'
Sunflower Bank
Company Name
By:
T tle:
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this _ day of
byL`JL( Vi1 iA Rn as
of t 0 ' 0' '✓v Q,le-
My
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My Commission Expires:
Cal UkAA
No ary Public
DPW 107 Jodie Robegs
02/05/02 Notary public
State of Colorado
Notary Ip#: 20114065671
Nt Commiss(on Ex 'res: 101121201,9