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Home My WebLink About07478ORDINANCE NO. 7478 AN ORDINANCE APPROVING THE PLAT OF THE GLEN AT WALKING STICK SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of The Glen At Walking Stick Subdivison being a subdivision of land legally described as: A parcel of land located in the W Y of Section 17 and the E Y of Section 18, Township 20 South, Range 64 West of the 6th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the North line of Section 17, Township 20 South, Range 64 West of the 6th P.M. to bear N. 88 °45'07" E., and all bearings contained herein being relative thereto. Beginning at the Southwest corner of Lot 22, Block 1, in the Enclave at Walking Stick according to the recorded plat thereof as filed for record at Reception No. 1353559 in the Pueblo County records; thence Easterly and Southerly along the Westerly line of said Enclave at Walking Stick the following five (5) courses: Easterly along the arc of a curve to the right whose radius is 540.00 feet and whose center bears S. 08 °25'26" W., a distance of 257.81 feet; S. 63 °49'18" E., a distance of 128.04 feet; S. 26 °10'42" W., a distance of 93.00 feet; S. 18 °49'18" E., a distance of 112.04 feet; S. 26 °10'42" W., a distance of 358.21 feet; to a point on the Northerly right - of- way -line of University Boulevard (Colorado State Highway No. 47) as presently located and as recorded in Book 2997 at page 723 in the Pueblo County records; thence Westerly along the Northerly right -of -way line of said University Boulevard (Colorado State Highway No. 47) the following three (3) courses: N. 63 °49'45" W., (N. 63 °48'58" W. Deed), a distance of 25.16 feet; S. 26 °10'15" W., (S. 27 °59'48" W. Deed), a distance of 30.68 feet (31.31 feet Deed); Southwesterly along the arc of a curve to the right whose radius is 357.96 feet and whose center bears N. 63 °52'46" W., a distance of 529.95 feet (529.54 feet Deed); thence N. 61 °35'29" W., (N. 61 °36'16" W. Deed), continuing along said University Boulevard (Colorado State Highway No. 47) a distance of 487.65 feet; thence N. 41 °23'32" W., a distance of 1339.14 feet to a point on the Southeast corner of Lot 9, Block 58 in University Park Subdivision, 17 Filing, A Special Area Plan according to the recorded plat thereof as filed for record at Reception No. 888926 in the Pueblo County records; thence N. 38 °49'20" E., a distance of 1535.67 feet to a point on the Westerly line of the Walking Stick Golf Course as filed for record at Book 2430 at Page 651 and at Book 2630 at Page 446 in the Pueblo County records; thence Southerly along the Westerly line of the said Walking Stick Golf Course the following eleven (11) courses: S. 00 °03'11" W., a distance of 416.58 feet; S. 67 °41'58" E., a distance of 52.27 feet; S. 02 °09'42" W., a distance of 330.99 feet; S. 05 °38'20" E., a distance of 335.32 feet; S. 16 °44'10" W., a distance of 129.35 feet; S. 03 °30'16" W., a distance of 110.39 feet; S. 40 °22'54" E., a distance of 139.95 feet; S. 80 °16'30" E., a distance of 148.35 feet; S. 41'31'41" E., a distance of 207.64 feet; N. 88 °49'25" E., a distance of 236.88 feet; Easterly along the arc of a curve to the right whose radius is 540.00 feet, a distance of 90.48 feet to the Point of Beginning. Containing 43.43 acres, 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 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 June 12, 2006 BY Randy Thurston Councilperson APPROVED: President of City Council ATTESTED BY: CITY CLERK PASSED AND APPROVED June 26, 2006 L) , Background Paper for Proposed ORDINANCE AGENDA ITEM # ;�a 2 2 DATE: JUNE 12, 2006 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATORMERRY M. PACHECO TITLE AN ORDINANCE APPROVING THE PLAT OF THE GLEN AT WALKING STICK SUBDIVISION ISSUE Shall City Council approve a request to replat the 43.43 acre property into one (1) commercial lot, three (3) multi - family /office lots and associated rights -of -way? RECOMMENDATION The Planning and Zoning Commission, at their May 10, 2006 regular meeting voted 6 -0 to recommend approval. BACKGROUND The subject property is generally located north of Highway 47 and west of Walking Stick Boulevard. Applicant proposes to subdivide the subject 43.43 acre property into one (1) commercial lot, three (3) multi - family /office lots and associated rights -of -way. In the Subdivision Review Committee memo dated April 26, 2006, it was their recommendation that the plat be approved. FINANCIAL IMPACT None.