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05/23/2003
ORDINANCE NO. 6801
AN ORDINANCE APPROVING THE PLAT OF PARADISO & SPRAGUE
SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Paradiso & Sprague Subdivision, being a subdivision of land
legally described as:
A parcel of land locate within the Northwest one - quarter of Section 33, Township 20 South,
Range 64 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being
described as the East 315 feet of the West 431 feet and the West 116 feet of the West 431 feet of
Lot 12, Map of Granton, as recorded May 2, 1923, in Book 11 at page 25, under Reception No.
321741, excepting that portion of described in Book 857 at Page 303, both in the Office of
Pueblo County Clerk & Recorder, being more particularly described by metes and bounds as
follows;
Beginning at a point at the Northwest corner of said Section 33, said point being the Northwest
comer of said Lot 12; Thence, S 88° 45' 57" E, along the Northerly line of said Section 33, a
distance of 43 1. 01 feet;
Thence departing said line, S 01° 42' 10" W, a distance of 516.08 feet, to a point on the
Northerly right of way line of 4' Street as described in Book 857 at Page 303;
Thence along said Northerly right of way line, N 89° 59' 03" W, a distance of 431.19 feet, to a
point on the Easterly line of Lot 36, Block 4, France Heights, as recorded in Book 11 at Page 42,
County of Pueblo Records;
Thence along the Easterly line of Block 4 and Block 2, said France Heights, a distance of 525.24
feet to the point of Beginning.
Said Parcel contains 5.15 acres (224,405 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.
The acceptance of such dedicated streets, rights -of -way, utility and drainage easements,
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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
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 1971 Code of Ordinances, as amended
and any agreement entered into pursuant thereto.
SECTION 3.
Neither the adoption of this ordinance and the requirements imposed hereby shall create
any duty or obligation of any person, firm, corporation or other entity with regard to the enforce-
ment 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.
ScradreWHEIR
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 require-
ments of the City 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
1971 Code of Ordinances, 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 or the final
subdivision plat becomes effective.
9
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INTRODUCED: March 25, 2002
BY: Patrick Avalos
COUNCIL PERSON
APPROVED "-- � �• C�� -�—�
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
MENEM J _ ���1 ♦ ice � ��_
PASSED AND APPROVED: April 8, 2002
........... ..
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM #`
DATE: MARCH 25, 2002
DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT /JIM MUNCH
TITLE
AN ORDINANCE APPROVING THE PLAT OF PARADISO & SPRAGUE
SUBDIVISION
ISSUE
Shall City Council approve a request to subdivide this property to allow the development of
commercial lots?
RECOMMENDATION
The Planning and Zoning Commission voted 5 -0 to recommend approval of the subdivision.
The Commission also made a condition of an easement for a sub surface drainage line. This
condition has been met and submitted to the Department of Public Works.
BACKGROUND
Applicant is proposing to subdivide the property along 4 Street into six lots
surrounding a cul -de -sac (Vinita Place). This property was previously a drive -in
theater. The P& Z Commission voted 5 -0 to recommend approval of the subdivision.
All conditions and concerns of the Subdivision Review Committee which were listed in the
staff reports have been met by the applicant.
FINANCIAL IMPACT
None