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HomeMy WebLinkAbout09803Reception 2212570 02/11/2021 03:44:15 PM ORDINANCE NO. 9803 AN ORDINANCE APPROVING THE LAKE MINNEQUA SUBDIVISION, FILING NO. 1 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Lake Minnequa Subdivision, Filing No. 1 being a subdivision of land legally described as: All of Lots 1 through 46, both inclusive, in Blocks 1, 2, 3, 4, 7, and 8, and all of Lots 1 through 16, both inclusive, Block 6, and all of Lots 19 through 46, both inclusive, Block 6 of Sunny Side Subdivision according to the recorded plat thereof, as filed for record on June 4, 1902, Page 24 in Book 9 of Plats, in Pueblo County records in the Southwest one-quarter of the Northeast one-quarter and the Northwest one-quarter of the Southeast one-quarter of Section 14, Township 21 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado for and being more particularly described as follows: Basis of Bearings is the east line of Laredo at Lakeshore, A Special Area Plan, monumented on the north with a rebar and plastic cap stamped with L.S. No. 12933 and monumented on the south with a rebar and plastic cap stamped with L.S. No. 12933, to bear N. 00°00'33" W. and all bearings being relative thereto. Commencing at the southeasterly corner of Laredo at Lakeshore, A Special Area Plan, according to the recorded plat thereof filed for record on December 3, 2001 at Reception No. 1414302 in the records of Pueblo County Recorder; thence S. 70°03'49" E., a distance of 1125.01 feet to a point on the easterly right-of-way line of Mirror Avenue to the Point of Beginning; thence N. 01°31'45" W., a distance of 312.99 feet; thence along the arc of a curve to the left whose radius is 390.00 feet, a distance of 198.49 feet; thence S. 88°52'33"W., a distance of 116.33 feet; thence along the arc of a curve to the left whose radius is 390.00 feet, a distance of 121.10 feet; thence N. 36°59'49" E., a distance of 133.91 feet to a point on the easterly boundary line of said Laredo at Lakeshore, A Special Area Plan; thence N. 01°26'53" E., continuing north along the easterly boundary line of Laredo at Lakeshore, A Special Area Plan, a distance of 220.22 feet; thence N. 00°27'00" E., continuing north along the easterly boundary line of Laredo at Lakeshore, A Special Area Plan, a distance of 270.54 feet to the center corner of Section 14; thence N. 00°20'56" W., continuing along the easterly boundary line of Laredo at Lakeshore, A Special Area Plan, a distance of 89.08 feet; thence N. 00°42'50"W., continuing along the easterly 2212570 02/11/2021 03:44:15 PM Page: 2 of 4 R 28.00 De 0,00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 11111 MILT D10471'41 It Mig Edi JIPliatiKairii 11111 boundary line of Laredo at Lakeshore, A Special Area Plan, a distance of 36.57 feet to a point on the northerly right-of-way line of Elko Avenue; thence N. 89°18'32" E., along said north right-of-way line of Elko Avenue a distance of 1281.64 feet to a point on the westerly right-of way line of Palmer Avenue; thence S. 00°41'28" E., a distance of 990.00 feet along the westerly right-of-way line of Palmer Avenue to a point on the northerly right-of-way line of Reno Avenue; thence S. 89°18'32" W., a distance of 660.00 feet along the northerly right-of-way line of Reno Avenue to a point on the westerly right-of way line of Gretna Avenue; thence S. 00°41'28" E., a distance of 330.00 feet along the westerly right-of-way line of Gretna Avenue to a point on the northerly right-of-way line of West Pueblo Boulevard; thence S. 89°18'32" W., a distance of 594.00 feet along the northerly right-of-way line of West Pueblo Boulevard to a point on the easterly right-of-way line of Mirror Avenue and to the Point of Beginning; Containing 34.01 acres, more or less. attached hereto, is 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. 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. 2212570 02/11/2021 03:44:15 PM Page: 3 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder; Pueblo County, Co 1111 IY id1,121��111'IR M;'Itd'lni*:ILJ41,114, 1I II1 SECTION 4. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of the Ordinance to implement 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. SECTION 6. This Ordinance shall become effective on the date of final action by the Mayor and City Council. REST OF THIS PAGE LEFT INTENTIONALLY BLANK SIGNATURE PAGE TO FOLLOW 2212570 02/11/2021 03:44:15 PM Page: 4 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder. Pueblo County, Co EJ11'40,1 0V III HI Action by City Council: Introduced and initial adoption of Ordinance by City Council on October 13, 2020. Final adoption of Ordinance by City Council on Octob;, 26 2020 . 7.'�lhl/iL Pre•i:ew of City Council Action by the Mayor: Approved on /O. 30- ozpatb ❑ Disapproved on based on the following objections: ..i44•1?'4/ e Mayor Action by City Council After Disapproval by the Mayor: O Council did not act to override the Mayor'sveto. O Ordinance re-adopted on a vote of , on ❑ Council action on failed to override the Mayor's veto. resident of City Council .()1 ATTEST o� ' A' / k s'�`1 ISA} r ` City Clerk City Clerk’s Office Item # R-12 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: October 13, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE LAKE MINNEQUA SUBDIVISION, FILING NO. 1 SUMMARY: The City is requesting to resubdivide a 34.01-acre parcel into two (2) lots within the Lake Minnequa Park site. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City of Pueblo purchased Lake Minnequa in 2006 and completed master planning efforts for recreation improvements in 2010. The City constructed the soft-surface trail that loops around the lake, four basketball courts, and a picnic shelter in 2010. County 1A funds have been allocated for the construction of Phase 3-A improvements, which consist of an improved surface parking area located east of the basketball courts, a restroom/concession structure, trail, and shelters. The proposed subdivision will facilitate planned park improvements by resubdividing the 1902, residential Sunny Side Subdivision into two (2) large lots and two (2) parcels. 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 August 12, 2020 Regular Meeting, voted 4-0 (Commissioners Schilling, Bailey and Aznar absent) to recommend approval. 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. ALTERNATIVES: If City Council does not approve this Ordinance, the site will not be resubdivided which will impede development of the site. 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: Proposed Ordinance Minutes of the Planning and Zoning Commission August 12, 2020 Public Hearing Memorandum from the Department of Public Works Dated September 22, 2020 Planning and Zoning Commission Staff Report with Attachments and Exhibits