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HomeMy WebLinkAbout10478ORDINANCE NO. 10478 AN ORDINANCE APPROVING THE UNIVERSITY PARK SUBDIVISION, 33RD FILING BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. rd The final plat of the University Park 33 Filing, being a subdivision of land legally described as: BEING ALL OF PARCEL “A”, RECORDED AT RECEPTION NO. 1675959, AND BEING A PORTION OF PARCEL “B”, RECORDED AT RECEPTION NO. 1675960, AND BEING A PORTION OF REARRANGEMENT OF PROPERTY BOUNDARIES AMENDED, RECORDED AT RECEPTION NO. 1009173 OF THE PUEBLO COUNTY CLERK AND RECORDER OFFICE, BEING SITUATED IN THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP TH 20 SOUTH, RANGE 64 WEST OF THE 6 PRINCIPAL MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: ALL BEARINGS ARE GRID BEARINGS OF THE COLORADO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NORTH AMERICAN DATUM 1983. BEARINGS ARE BASED ON THE WEST LINE OF PARCEL “B” OF SAID REARRANGEMENT OF PROPERTY BOUNDARIES AMENDED, AND IS CONSIDERED TO BEAR N00°55'19"E, MONUMENTED ON THE SOUTH END OF THE LINE BY A FOUND NO. 4 REBAR WITH A PLASTIC CAP STAMPED, "CALVADA PLS 36580" AND ON THE NORTH END OF THE LINE BY A FOUND NO. 4 REBAR WITH A PLASTIC CAP STAMPED, "PLS 6128." BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL “B” AND BEING THE NORTHEAST CORNER OF LOT 1, BLOCK 1, UNIVERSITY PARK SUBDIVISION 31ST FILING, AND BEING A POINT ON THE WEST RIGHT OF WAY LINE OF JERRY MURPHY ROAD; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE AND WITH THE NORTH LINE OF SAID LOT 1, N77°53'32"W, A DISTANCE OF 435.26 FEET; THENCE DEPARTING SAID NORTH LINE, N11°57'09"E, A DISTANCE OF 170.61 FEET; THENCE N00°55'19"E, A DISTANCE OF 44.59 FEET; THENCE S89°04'41"E, A DISTANCE OF 140.00 FEET; THENCE N78°33'19"E, A DISTANCE OF 159.64 FEET TO A POINT ON SAID WEST RIGHT OF WAY LINE; THENCE WITH SAID WEST RIGHT OF WAY LINE THE FOLLOWING THREE (3) COURSES: 1. S26°09'42"E, A DISTANCE OF 102.99 FEET TO A POINT OF CURVATURE TO THE RIGHT; 2. THENCE WITH SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 24°18’40”, A RADIUS OF 450.00 FEET, A LENGTH OF 190.94 FEET, HAVING A CHORD BEARING OF S14°00’20”E AND A CHORD DISTANCE OF 189.51 FEET; 3. S01°51'00"E, A DISTANCE OF 55.93 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIPTION CONTAINS 99,775 SQUARE FEET OR 2.291 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-l0-l0l, 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 authorized 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 and (c) the covenants and agreements captioned “FIRST AMENDMENT TO AGREEMENT DATED DECEMBER 18, 1985 AND RECORDED DECEMBER 20, 1985 AT BOOK 2271, PAGE 173 IN THE RECORDS OF THE PUEBLO COUNTY, COLORADO’ AND “DECLARATION OF EASEMENTS”, copies of which are attached hereto and incorporated herein, are executed and filed contemporaneously with the final subdivision plat. 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. Action by City Council: Introduced and initial adoption of Ordinance by City Council on May 22, 2023. Final adoption of Ordinance by City Council on June 12, 2023. ____________________________ President of City Council Action by the Mayor: ☒ Approved on _June 14, 2023____. ☐ Disapproved on ______________ based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of ____________, on _____________ ☐ Council action on _______ failed to override the Mayor’s veto. ____________________________ President of City Council ATTEST ________________________________ City Clerk City Clerk's Office Item # R9 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 12, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE UNIVERSITY PARK SUBDIVISION, 33RD FILING SUMMARY: The applicant is requesting to re-subdivide Parcel B, of the Rearrangement of Property th Boundaries, Amended, of University Park Subdivision, 30 Filing into Lot 1, Block 1, rd University Park Subdivision, 33 Filing. PREVIOUS COUNCIL ACTION: The applicant is concurrently requesting to vacate a 40-foot utility, drainage, and ingress/egress easement that runs diagonal through Parcel B, rearrangement of th property boundaries amended plat, University Park, 30 filing. BACKGROUND: The proposed subdivision is located east of Fountain Creek, west of Jerry Murphy Road and north of the Jerry Murphy Onramp West Bound. The subject property was originally thth subdivided in 1983, University Park Subdivision 30 Filing. The 30 filing was later amended in 1985, establishing a utility easement in the northeast corner of Lot 1, and drainage easements along the southern property line of Lot 1 and northern property line of Lot 2. In 1993, a rearrangement of property boundaries, for Lots 1 and 2 was approved. The rearrangement moved the southern property line of Lot 2 further south rd and created Parcels A and B. The proposed, University Park Subdivision 33 Filing, will re-subdivide Parcel B into Lot 1, Block 1, and create an access easement running west along the northern property line, south along the western property line, and east along the southern property line to provide access to Lots 1 and 3, Block 1, University st Park Subdivision 31 Filing. The new access easement will facilitate vacation of the existing Utility, Drainage, Ingress and Egress Easement Vacation, which runs perpendicular through the existing Parcel B, decreasing the developable area of the parcel. The newly subdivided lot will be marketed for commercial development. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their April 12, 2023 Regular Meeting, voted 7- 0 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: 1. S-21-13 Attachments