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HomeMy WebLinkAbout07623ORDINANCE NO. 7623 AN ORDINANCE APPROVING THE PLAT OF J.T. SUBDIVISION, A SPECIAL AREA PLAN BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of J.T. Subdivision, being a subdivision of land being legally described as: THE EAST ONE -HALF OF BLOCK 108; ALL OF BLOCK 109 AND BLOCK 124, WILEY'S PARK HEIGHTS, LYING NORTH OF THE U.S. HIGHWAY 50 RIGHT OF WAY, AS PRESENTLY LOCATED, LESS PORTION DEEDED TO HIGHWAY, COUNTY OF PUEBLO, STATE OF COLORADO _►e THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH P.M., AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 14; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF 363 FEET; THENCE SOUTHERLY AND PARALLEL TO THE WEST LINE OF THE SAID SECTION 14, A DISTANCE OF 327.86 FEET, MORE OR LESS TO THE NORTHERLY RIGHT OF WAY LINE OF THE U.S. HIGHWAY NO. 50, AS PRESENTLY LOCATED; THENCE NORTHWESTERLY ALONG THE SAID NORTHERLY RIGHT OF WAY LINE TO THE WEST LINE OF THE SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 14; THENCE NORTHERLY ALONG THE WEST LINE OF THE SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4, TO THE POINT OF BEGINNING, COUNTY OF PUEBLO, STATE OF COLORADO. Said Parcel contains 10.75 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 25, 2007 BY Michael Occhiato Councilperson APPROVED: a F#kESIDEINTof City Council ATTESTED BY: CITY CLERK PASSED AND APPROVED: July 9, 2007 �� Background Paper for Proposed ORDINANCE AGENDA ITEM #'� oZS DATE: JUNE 25, 2007 DEPARTMENT: COMMUNITY DEVELOPMENTIJERRY M. PACHECO LAND USE ADMINISTRATORMERRY M. PACHECO TITLE AN ORDINANCE APPROVING THE PLAT OF J.T. SUBDIVISION, A SPECIAL AREA PLAN ISSUE Shall City Council approve a request to replat 10.75 acres to facilitate residential and commercial development? RECOMMENDATION The Planning and Zoning Commission, at their May 9, 2007 regular meeting, voted 5 -0 to recommend approval. BACKGROUND As proposed this subdivision will plat the 10.75 -acre property into nine (9) single - family residential lots and five (5) commercial,lots. Originally platted as Wiley's Park Heights in 1890 for residential development, the land was never developed according to the original subdivision. A salvage yard use was instituted instead of the residential uses. It is the recommendation of the SRC that the plat be approved; all deficiencies have been addressed. FINANCIAL IMPACT None.