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HomeMy WebLinkAbout07288Reception 1665108 03/08/2006 ORDINANCE NO. 7288 AN ORDINANCE APPROVING THE PLAT OF JUSTICE PLAZA SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Justice Plaza, being a subdivision of land legally described as: All of Lots 1 through 8, Block 17, Lots 1 through 16, Block 18, that portion of the Vacated Alley lying within Block 18 as described in Ordinance No. 4118 recorded in Book 1847 at Pages 192 and 193, and that portion of Vacated 9 th Street lying adjacent to Block 17 and Block 18 as described in Ordinance No. 5149 -84 recorded June 4, 1984 in Book 2201 at Pages 872 and 873, all within County Addition to the City of Pueblo, according to the Amended Plat thereof, filed for record November 20, 1879, in the office of the Clerk and Recorder, County of Pueblo, State of Colorado, 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. 1665108 VIII VIII IIIIII IIIIII III (IIIIII IIII III VIII IIII III 03/08/2006 Page: 09 00002:53P 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 111111 IIIII 111111111111 III 1111111 IIIII III IIIII IIII illl 0 Page: 665 0 0V 53P 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. INTRODUCED March 28, 2005 BY: Michael Occhiato ATTESTED BY: CO 7/7 7 W s , APPROVED RES D P OF C !rr UNCIL TY CLERK PASSED AND APPROVED: April 11 2005 DATE: MARCH 28, 2005 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP TITLE AN ORDINANCE APPROVING THE PLAT OF JUSTICE PLAZA SUBDIVISION ISSUE Shall City Council approve a request to re- subdivide this property for the purpose of consolidating the vacated portion of 9 th Street, the vacated portion of an adjacent alley, and 24 lots of the County Addition Subdivision into a one lot building site? RECOMMENDATION The Planning Commission, at their February 9, 2005 Regular Meeting, voted 6 -0 to recommend approval. BACKGROUND To facilitate a dormitory addition to the Judicial Plaza it is necessary to consolidate the vacated 9 th Street, a vacated alley, and 24 lots of the County Addition subdivision into a single building site. The original Judicial Plaza construction pre- dated regulations prohibiting the erection of structures over lot line. FINANCIAL IMPACT None.