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Home My WebLink About07595ORDINANCE NO. 7595 AN ORDINANCE APPROVING THE PLAT OF PARK WEST BUSINESS CAMPUS, FILING NO. 5 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Park West Business Campus, Filing No. 5 Subdivision, being a subdivision of land legally described as: A resubdivision of all of Lot 1, Block 1 and all of Parcel A in Park West Business Campus, Filing No. 2 according to the recorded plat thereof as filed for record at Reception No. 1555457 and a parcel of land located in the NW '/4 of Section 22, Township 20 South, Range 65 West of the 6 th P.M. in the County of Pueblo and State of Colorado, and being more particularly described as follows: Considering the North line of the NW '/4 of the NW '/4 of Section 22, Township 20 South, Range 65 West of the 6 th P.M. to bear N. 88 0 42'57" E. and all bearing contained herein being relative thereto. Beginning at the Northwest corner of Lot 1, Block 1 in said Park West Business Campus, Filing No. 2 said point also being on the Easterly right -of -way line of Pueblo Boulevard (Colorado State Highway No. 45) as presently located; thence along the Northerly line of said Lot 1, Block 1 the following six (6) courses: N. 88 0 43'39" E., a distance of 647.88 feet; S. 01 °16'21 "E., a distance of 59.01 feet; Southerly along the arc of a curve to the left whose radius is 52.00 feet and whose center bears S. 61 0 11'57" E., a distance of 217.95 feet; N. 01 °16'21" W., a distance of 59.01 feet; N. 88 0 43'39" E., a distance of 563.12 feet; N. 01 0 43'18" W., a distance of 55.58 feet to a point on the Westerly right -of -way line of Spaulding Avenue as presently located in said Park West Business Campus, Filing No. 2; thence Southerly along the Westerly right -of -way line of said Spaulding Avenue the following two (2) courses: Southerly along the arc of a curve to the right whose radius is 450.00 feet and whose center bears S. 49 0 20'08" W., a distance of 305.85 feet; S. 01 0 43'18" E., a distance of 920.16 feet; thence S. 89 0 12'05" W., a distance of 637.13 feet; thence S. 00 0 47'55" E., a distance of 831.12 feet to a point on the Northerly line of said Section 22, thence N. 88 0 42'57" E., along the Northerly line of said Section 22, distance of 550.46 feet; thence N. 88 0 44'03" E., continuing along the Northerly line of said Section 22, a distance of 1300.76 feet to a point on the North -South centerline of said Section 22; thence S. 01 0 28'16" E., along the North -South centerline of said Section 22, a distance of 1309.77 feet; thence S. 88 0 38'31" W., a distance of 370.84 feet; thence N. 01 0 28'16" W., a distance of 655.18 feet; thence S. 88 0 41'24" W., a distance of 390.75 feet; thence Westerly along the arc of a curve to the right, whose radius is 540.00 feet and whose center bears N. 23 a distance of 208.92 feet; thence S. 88 0 40'51" W., a distance of 1646.23 feet to a point on the Easterly right -of -way line of said Pueblo Boulevard (Colorado State Highway No. 45) as presently located; thence N. 00 0 34'08" W. along the Easterly right -of -way line of said Pueblo Boulevard (Colorado State Highway No. 45), a distance of 696.75 feet; thence N. 01 0 45'08" W., continuing along the Easterly right - of -way line of said Pueblo Boulevard (Colorado State Highway No. 45), a distance of 1972.64 feet to the Point of Beginning. Containing 97.26 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: May 14, 2007 BY: Randy Thurston Councilperson APPROVED: a F#kESIDEINTof City Council ATTESTED BY: CITY CLERK PASSED AND APPROVED: May 29, 2007 il "AN Background Paper for Proposed ORDINANCE AGENDA ITEM # t / Q DATE: MAY 14, 2007 DEPARTMENT: COMMUNITY DEVELOPMENT /JERRY M. PACHECO LAND USE ADMINISTRATORNERRY M. PACHECO TITLE AN ORDINANCE APPROVING THE PLAT OF PARK WEST BUSINESS CAMPUS, FILING NO. 5 ISSUE Shall City Council approve a request to subdivide 97 acres for commercial development? RECOMMENDATION The Planning and Zoning Commission, at their April 11, 2007 regular meeting, voted 6 -0 to recommend approval. BACKGROUND Property located in the vicinity of 31 Street and Spaulding Avenue With this request the applicant proposes to subdivide 97 acres into five (5) commercial lots. The subdivision includes replatting of portions of the Park West Business Center Filing No. 2, as well as two vacant parcels annexed into the City in 2006. The property is being rezoned and subdivided to accommodate commercial interests along Pueblo Boulevard. As part of the subdivision, a portion of a drainage easement and road right - of -way are being vacated and then rededicated to the City. It is the recommendation of the Subdivision Review Committee (SRC) memo dated April 4, 2007, that the plat be approved. FINANCIAL IMPACT None.