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Home My WebLink About07536ORDINANCE NO. 7536 AN ORDINANCE APPROVING THE PLAT OF WATKINS SUBDIVISION, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO. that: SECTION 1. The final plat of the Watkins Subdivision, being a subdivision of land legally described as: PARCEL A: A parcel of land being a portion of Lot 3, Country Club Heights 14 Filing according to that recorded plat thereof filed for record October 10, 1979 in Book 2006 at Page 780 in the records of the Pueblo County Clerk and Recorder, and a portion of Parcel "C ", Lot Line Rearrangement according to the recorded plat thereof filed for record November 13, 1996 in Book 2946 at Page 23 in the records of Pueblo County Clerk and Recorder, located within a portion of the E Y of Section 14, Township 20 South, Range 65 West of the Sixth Principle Meridian, being more particularly described as follows: BEGINNING at the SW corner of said Lot 3, Country Club Heights 14 Filing; thence N 11 0 48'10" E along the west line of said Lot 3, a distance of 31.89 feet to a point on the south line of a parcel of land No. 345, of the Department of Transportation, State of Colorado Project No. NH- IR(CX) 025 - 1(126) UNIT 3; thence along said south line the following two (2) courses; 1. N 89 55'31" E, a distance of 227.17 feet; 2. along the arc of a non - tangent curve to the right whose center bears S 00 04'32" E, having a central angel of 05 21'53 ", and a radius of 628.17 feet, a distance of 58.82 feet to a point on the easterly line of said Lot 3, said point also being on the south line of a parcel of land No. 346, of the Department of Transportation, State of Colorado, Project No. NH- IR(CX) 025 - 1(126) UNIT 3; thence southeasterly along said south line the following two (2) courses: 1. along the arc of a non - tangent curve to the right whose center bears S 03 0 31'35" W, having a central angel of 06 33'58 ", and a radius of 628.17 feet, a distance of 71.99 feet; 2. S 78 0 08'42" E, a distance of 215.64 feet to a point on the easterly line of parcel "C" according to that recorded plat thereof filed for record November 13, 1996 in Book 2946 at Page 23 in the records of the Pueblo County Clerk and Recorder; thence S 11 0 42'05" W along said easterly line, a distance of 90.75 feet to the SE corner of said Parcel "C "; thence N 78 0 18'48" W along the south of said Parcel "C" and along the south line of said Lot 3, a distance of 567.98 feet to the POINT OF BEGINNING. City of Pueblo, Pueblo County, State of Colorado. Said parcel contains 0.99 acres more or less. PARCEL B: A parcel of land located within a portion of the E % of Section 14, Township 20 South, Range 65 West of the Sixth Principle Meridian, being more particularly described as follows: BEGINNING at the SW corner of Lot 3, Country Club Heights 14 Filing according to that recorded plat thereof filed for record October 10, 1979 in Book 2006 at Page 780 in the records of Pueblo County Clerk and Recorder; thence S 78 0 18'48" E along the south line of said Lot 3 and along the south line of Parcel "C" of Lot Line Rearrangement, according to that recorded plat thereof filed for record November 13, 1996 in Book 2946 at Page 23 in the records of the Pueblo County Clerk and Recorder, a distance of 567.98 feet, to the SE corner of said Parcel "C "; thence S 11 °42'05" W, a distance of 112.23 feet; thence S 79 0 49'32" E, a distance of 26.30 feet to the SW corner of Lot 1, Block 1, Country Club Heights 4th Filing according to that recorded plat thereof filed for record February 25, 1954 in Book 16 at Page 20 in the Pueblo County Clerk and Recorder; thence S 00 0 14'37" E, a distance of 50.79 feet to the NE corner of that parcel of land described in that deed filed for record July 7, 1967 in Book 1656 at Page 223, Reception No. 379751 in the Pueblo County Clerk and Recorder; thence along the north and west line of said Book 1656 at page 223 the following two (2) courses: 1. thence N 89 °18'01" W, a distance of 25.86 feet; 2. thence S 00 0 10'50" E, a distance of 137.96 feet to the SW corner of said Book 1656 at Page 223 said point also being on the north line of Country Club Heights 10 Filing according to the recorded plat thereof filed for record May 17, 1972 in Book 1717 at Page 841 in the records of the Pueblo County Clerk and Recorder; thence N 78 0 07'25" W along said north line of Country Club Heights 10 Filing and along the north line of Country Club Heights 11 Filing according to the recorded plat thereof filed for record May 6, 1977 in Book 1885 at Page 845 in the records of the Pueblo County Clerk and Recorder, a distance of 608.34 feet to a point on the easterly line of Baltimore Plaza according to the recorded plat thereof filed for record December 26, 1975 in Book 1833 at Page 222 in the records of the Pueblo County Clerk and Recorder; thence N 11 0 48'10" E along said easterly line, a distance of 331.04 feet to the POINT OF BEGINNING. City of Pueblo, Pueblo County, State of Colorado. Said parcel contains 4.03 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 October 23, 2006 BY Randy Thurston Councilperson APPROVED: President of Cit Council ATTESTED BY: CITY CLERK PASSED AND APPROVED: November 13, 2006 Background Paper for Proposed ORDINANCE AGENDA ITEM # DATE: OCTOBER 23. 2006 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR /JERRY M. PACHECC TITLE AN ORDINANCE APPROVING THE PLAT OF WAtKINS SUBDIVISION ISSUE Shall City Ccuncil approve a request to subdivide two (2) parcels of lard into � 1.06 a--r' single lot to permit the construction of tour (4) duplexes? RECOMMENDATION The Planninq and Zoning Commission at their November 10, 2004 regular muting voted 5 -0 to recommend approval, including a waiver of the requirement to un lergroo,riu overhead power lines. BACKGROUND 1 his property Is located south of the Bessemer Ditch and north of That:;her A�erue at Long Street_ I he applicant proposes to plat two (2) parcels of and into a 1.06 acre single lot_ Precedent tc this request is Special Use Permit Case #117 -2003 allowing the applicant to place up to four duplexes on the prcperty following the subdivision and rezcninq of the property. Public Works staff confirmed that the applicant has complied with all items list 3d n the Subdivision Review Committee memo dated July 28, 2004, FINANCIAL IMPACT None.