HomeMy WebLinkAbout07386ORDINANCE NO. 7386
AN ORDINANCE APPROVING THE PLAT OF PARK VIEW NORTH SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Park View North Subdivision, being a subdivision of land legally described
as:
(Deed of record at Reception No. 1443174)
A part of the SW1 /4 NE1 /4 of Section 27, Township 20 South, Range 65 West of the 6th P.M.,
County of Pueblo, State of Colorado, described as follows:
Beginning at the Northeast corner of the SW1 /4 of the NE1 /4
thence South 111.3 feet; thence West 955.3 feet;
thence South 456 feet; thence East 955.3 feet to the East line of said SW1 /4 NE1 /4;
thence South 752.7 feet more or else to the Southeast corner of said SW1 /4
NE1 /4; thence West 1320 feet more or less to the Southwest corner of the said SW1 /4
NE1 /4; thence North to the Northwest corner and
thence East to the Northeast corner of the SW1 /4 NE1 /4, the Point of
Beginning,
Except portion deeded to the City of Pueblo, a Municipal Corporation recorded
November 14, 1980 in Book 2050 at Page 929,
County of Pueblo, State of Colorado
(As corrected by survey)
A portion of the Southwest Quarter of the Northeast Quarter (SW /4 NE /4) of Section Twenty -seven
(27), Township Twenty (20) South, Range Sixty -five (65) West of the 6th Principal Meridian,
County of Pueblo, State of Colorado, described as follows:
BEGINNING at the southeast corner of said Southwest Quarter of the Northeast Quarter (SW /4
NE /4); THENCE, South 88 degrees 27 minutes 31 seconds West a distance of 1299.86 feet to the
southwest corner of said Southwest Quarter of the Northeast Quarter (SW /4 NE /4); THENCE,
North 00 degrees 48 minutes 41 seconds West, along the west line of said Southwest Quarter of
the Northeast Quarter (SW /4 NE /4), a distance of 643.82 feet to the southwest corner of that tract
of land recorded at Book 2050, Page 929; THENCE, easterly along the boundary of said tract of
land the following two (2) courses:
1) North 89 degrees 59 minutes 55 seconds East a distance of 344.07 feet; THENCE,
2) North 00 degrees 50 minutes 16 seconds West a distance of 131.26 feet to the southwest
corner of that tract of land recorded at Book 1238, Page 495; THENCE,
South 89 degrees 58 seconds East, along the boundary of said tract of land, a distance of 955.24
feet to the southwest corner of Lot Two (2), Block Seven (7), Hyde Park Subdivision; THENCE,
South 00 degrees 51 minutes 40 seconds East, along the westerly boundary of said Hyde Park
Subdivision, a distance of 739.78 feet to the POINT OF BEGINNING.
Containing a calculated 21.5595 acres.
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
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. 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 September 26, 2005
BY Michael Occhiato
Councilperson
APPROVED:
PRESIDENT CITY C IL
ATTESTED BY:
CITY CLERK
PASSED AND APPROVED October 11, 2005
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # F ai
DATE: September 26, 2005
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATOR/JERRY M. PACHECO
TITLE
AN ORDINANCE APPROVING THE PLAT OF PARK VIEW NORTH
SUBDIVISION
ISSUE
Shall City Council approve a request to subdivide this property for the purpose of
residential development?
The Planning Commission voted unanimously to recommend approval.
BACKGROUND
The applicant is proposing to subdivide the existing 21.6 acre property into 83
single - family residential lots, four (4) drainage parcels, a park parcel and a parcel
dedicated to School District No.60.
Public Works staff confirmed that the applicant has complied with all items listed
in the Subdivision Review Committee memorandum dated July 30, 2003.
FINANCIAL IMPACT
None