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HomeMy WebLinkAbout07597Reception 1732025 06/27/2007 ORDINANCE NO. 7597 AN ORDINANCE APPROVING THE PLAT OF PADULA SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Padula Subdivision, being a subdivision of land legally described as: Parcel A A portion of land lying within the NW '% of SE '% and the NE '% of the SW '% of Section 7, Township 20 South, Range 64 West of the 6' P.M., being more particularly described as Lot 7 and a portion of Lot 8, Block 7, University Park Subdivision, 18 Filing, according to the recorded plat thereof, filed record April 14, 1989 in book 2442 at Page 550, County of Pueblo, State of Colorado, being more particularly described in metes and bounds as: Commencing at the Northeast corner of Lot 9, Block 7, of said University Park, 18` Filing, from which the East % corner of said Section 7 bears N 88 56' 54" E a distance of 2312.30 Feet; Thence S 88° 56' 54" W along the North line of Lot 9 and Lot 8 of Block 7 of said University Park, 18 Filing, a distance of 211.30 feet, to the True Point of Beginning; Thence S 03 17' 07" E, a distance of 162.22 feet to a point on the Right of Way of Kalanchoe Court, of said University Park 18' Filing; Thence along a curve to the left a distance of 64.73 feet, said curve having a radius of 52.00 feet, a central angle of 71 19' 13" and a cord bearing of S 26 13' 52" W to the Southeast corner of said Lot 7; Thence S 80° 34' 15" W along the South line of said Lot 7, a distance of 108.25 feet; Thence the following two courses along the Westerly line of said Lot 7 and said Lot 8; N 02° 04'42" W, a distance of 63.85 feet N 36° 37' 56" E, a distance of 212.19 feet to the Point of Beginning. Also known as Parcel A of Amended Rearrangement of Property Boundaries recorded February 14, 2002 at Reception No. 1425623. �&'A Parcel B A Parcel of land in the NE '/< of the SW '/< and the NW '% of the SE % of Section 7, Township 20 South, Range 64 West of the 6' P.M., being more particularly described as follows; Considering the North line of the said SE '% of Section 7 to bear N 88° 56'49" E, and all bearings contained herein being relative thereto. 1732025 ORD 06/27/2007 02:38:20 PM Page: 2 of 3 R 16.00 D 0.00 T 16.00 Gl lbert Ortiz Clerk /Recorder, Pueblo County, Co 1111 K Far.1 M W'M WA 1111 Beginning at the center of said Section 7; thence N 88° 56' 49" E, along the said North line of the SE '' /., a distance of 95.65 feet (95.70 feet, plat) to the West boundary line of University Park Subdivision, 18'" Filing, according to the recorded plat thereof, filed for record April 14, 1989; Thence S 36 37' 51" W, along said West boundary line, a distance of 212.22 feet (S 36 37' 56" W, 212.19 feet, plat); thence N 02° 05' 15" W (N 02° 04'42" W, plat), along the said West boundary line extended, a distance of 167.98 feet to the North line of said SW '% of Section 7; thence N 88° 56' 54" E, along said North line, a distance of 37.11 feet (37.22 feet, deed) to the Point of Beginning. Containing 0.66 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 17 ORD 06/27/2007 02:38:20 PM Gilbert o rtiz C r lerk /Reco County, Cc ,iii K rar «M 062100INIVA ,iii 1 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 X11 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 COUNCILPERSO APPROVED: �WWI i "`e PRESIDENT O CITY COUNCIL n PASSED AND APPROVED: May 29. 2007 On NORMS Background Paper for Proposed ORDINANCE AGENDA ITEM # Z DATE: MAY 14, 2007 DEPARTMENT: COMMUNITY DEVELOPMENTMERRY M. PACHECO LAND USE ADMINISTRATORIJERRY M. PACHECO TITLE AN ORDINANCE APPROVING THE PLAT OF PADULA SUBDIVISION ISSUE Shall City Council approve a request to subdivide 0.66 acres into one large lot for single - family residential use? RECOMMENDATION The Planning and Zoning Commission, at their April 11, 2007 regular meeting, voted 6 -0 to recommend approval. Property located at 7 Kalanchoe Court Mr. and Mrs. Padula own (2) parcels of land, the first was originally subdivided as part of the University Park Subdivision Filing 18. The second parcel sits adjacent to the first and is not subdivided. The applicants propose to combine the two (2) parcels of land to create one legally subdivided lot consisting of 0.66 acres. It is the recommendation of the Subdivision Review Committee (SRC) memo dated April 4, 2007, that the plat be approved. FINANCIAL IMPACT None.