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HomeMy WebLinkAbout07209Reception 1588767 10/08/2004 ORDINANCE NO. 7209 AN ORDINANCE AMENDING THE PLAT OF CRESTVIEW HILLS, 2ND FILING SUBDIVISION RELATING TO REPAIR AND MAINTENANCE OF DRAINAGE FACILITIES LOCATED WITHIN DRAINAGE EASEMENTS WHEREAS, City Council by Ordinance No. 6797 approved the plat for Crestview Hills, 2nd Filing subdivision ('Plat'); and WHEREAS, the Plat was recorded in the office of the Pueblo County Clerk and Recorder on December 6, 2002, as Reception No. 1473070; and WHEREAS, the dedication on the Plat with respect to repair and maintenance of drainage facilities located within drainage easements is not accurate and should be modified. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The drainage easement dedication on the plat for Crestview Hills, 2nd Filing subdivision recorded in the office of the Pueblo County Clerk and Recorder on December 6, 2002 as Reception No. 1473070 is amended to read as follows: All drainage easements shown hereon are dedicated to the public for storm drainage purposes. Drainage facilities located within drainage easements shown hereon, except underground stormwater facilities approved by the City of Pueblo, shall be installed, repaired, and maintained in good working order and condition by the owner(s) of the lots or parcels upon which the easements are located. The City of Pueblo is hereby granted the right but not the obligation in its discretion to maintain, repair or replace the drainage facilities within such easements and, except with respect to underground stormwater facilities, to recover the costs thereof, plus administrative expenses from said owner(s). SECTION 2 This Ordinance shall be effective upon final passage and approval. The City Clerk shall cause this Ordinance to be recorded in the records of the Pueblo County Clerk and Recorder, 0 4 i 4 ,1 -' r� ATTESTED BY r, mi INTRODUCED: September 13, 2004 Michael Occhiato APPROVED: COUNCILPERSON ZL JZ4 s PTESID THE CITY COUNCIL CITY CLERK PASSED AND APPROVED: September 27. 2004 II111 0 58 2 of 2 31F IIIIIIIII 0 0 0.00 Chri -Mu o I loCtyClk &R ®c ORD R 11.0 ChrisC.Munoz Pueblo -_ - -2- 0 to it -12,01 D 0 0 0 Background Paper for Proposed ORDINANCE 1$ AGENDA ITEM # t* DATE: September 13, 2004 DEPARTMENT: Law Department TITLE AN ORDINANCE AMENDING THE PLAT OF CRESTVIEW HILLS, 2ND FILING SUBDIVISION RELATING TO REPAIR AND MAINTENANCE OF DRAINAGE FACILITIES LOCATED WITHIN DRAINAGE EASEMENTS ISSUE Shall City Council approve the Ordinance? RECOMMENDATION Approve the Ordinance. BACKGROUND The requirements for repair and maintenance of drainage facilities contained in the plat of Crestview Hills, 2nd Filing Subdivision should be modified to exclude under- ground stormwater facilities which after installation and approval by the City will be maintained by the City and not the property owners. FINANCIAL IMPACT None.