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HomeMy WebLinkAbout06893Reception 1481753 01/28/2003 ORDINANCE NO. 6893 AN ORDINANCE APPROVING THE PLAT OF HAVEN SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Haven Subdivision, being a subdivision of land legally described as: A parcel of land locate within the Southwest one - quarter of Section 6, Township 21 South, Range 64 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being described under Reception No. 1347923 and 1347924 and being more particularly described by metes and bounds as follows: Beginning at a point 10 feet East of the Southeast corner of Lot 6, Frances Subdivision in said Southwest one - quarter of Section 6, thence N 00 00' 00" E along the East line of alley 450.00 feet to the Southwest corner of the Golob Tract; Thence N 90 00' 00" E along said Golob Tract, 150.00 feet to the Southeast corner of said tract; Thence N 00 00'00" E, along the East line of said tract 35.00 feet to proposed Castillo Road; Thence S 84 00' 00" E a distance of 138.00 feet; Thence S 08 24' 59" W, to a point 10 feet West of the Northwest corner of Lot 143, Frances Subdivision, a distance of 422.78 feet; Thence S 00 04' 37" W, to a point 10 feet West of the Southwest corner of Lot 140, Frances Subdivision, a distance of 120.00 feet; Thence S 11 20' 35" E to a point on the North line of Tezak Street, a distance of 90.49 feet; Thence N 90 00' 00" W, along said North line to the Southwest corner of Lot 144, Frances Subdivision, a distance of 114.00 feet; Thence N 90 00' 00" E, along the East line of said Lot 144 to the Northeast corner of Lot 148, Frances Subdivision, a distance of 125.00 feet; Thence N 90 00'00" W, along the North line of said Lot 148, Frances Subdivision, a distance of 129.00 feet to the Point of Beginning. Said Parcel contains 3.04 acres (132,275.65 s.f.) more or less, is hereby approved, and 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. 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 1971 Code of Ordinances 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. � L.0- L INTRODUCED: September 9, 2002 -� L i t APPROVED: J ATTESTED, Br. t,� C CLERK Al Gurule COJJ1fl CILPERSON PRESIDENT OF CITY COUNCIL PASSED AND APPROVED: September 23, 2002 - %v. ;q & en Background Paper for Proposed ORDINANCE AGENDA ITEM # ja °Z 0 DATE: SEPTEMBER 9, 2002 DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT /JIM MUNCH TITLE AN ORDINANCE APPROVING THE PLAT OF HAVEN SUBDIVISION ISSUE Shall City Council approve a request to subdivide this property for the purpose of creating a single lot so the applicant can construct a garage addition to an existing single family house? RECOMMENDATION The Planning and Zoning Commission voted 7 -0 to recommend approval of the plat. BACKGROUND The applicant is proposing to subdivide the three -acre property into one lot. FINANCIAL IMPACT Subdivision will allow the applicant to add a garage which will increase the property value.