HomeMy WebLinkAbout07652ORDINANCE NO. 7652
AN ORDINANCE APPROVING THE PLAT OF PASTORA RANCH, FILING NO. 1
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Pastora Ranch, Filing No. 1, being a subdivision of land legally described as:
A portion of Liberty Heights Subdivision of the SW '/4 of Section 21, Township 21 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 Liberty Heights Subdivision according to the recorded plat thereof as
filed for record on September 11, 1890 to bear S. 88 0 46'26" E., and all bearings
contained herein being relative thereto.
All of Blocks 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13, and Lots 5, 6, 7 and 8, Block 14, Lots 7 and 8,
Blocks 15, 16, Lots 1,2,3, and 4, Block 17, 18, 19, 20, 21, 22, 23 and 24 in Liberty Heights
Subdivision
EXCEPTIING THEREFROM:
A portion of Lots 1, 4 and 5, Block 4 being more particularly described as follows
Beginning at the Northeast corner of said Lot 1, Block 4; thence S. 01 0 13'43" W., along the East
line of said Lots 1, 4 and 5, a distance of 283.56 feet; thence N. 19 0 59'36" W.,
a distance of 140.50 feet; thence N. 28 0 47'49" W., a distance of 153.17 feet to a point on the West
line of said Lot 1; thence N. 01 °13'43" E., along the West line of said Lot 1, a distance of 19.97 feet
to a point on the North line of said Lot 1; thence S. 88 0 46'17" E., along the North line of said Lot 1,
a distance of 127.50 feet to the Point of Beginning
AND
A portion of Lot 8, Block 4 being more particularly described as follows:
Beginning at the Southeast corner of said Lot 8, Block 4; thence N. 88 0 46'17" W., along the South
line of said Lot 8, a distance of 11.64 feet; thence N. 15 0 30'30" E., a distance of 47.18 feet to a
point on the East line of said Lot 8; thence S. 01 0 13'43" W., along the East line of said Lot 8, a
distance of 45.72 feet to the Point of Beginning.
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A portion of Lot 1, Block 13 being more particularly described as follows:
Beginning at the Northeast corner of said Lot 1, Block 13; thence S. 01 °13'43" W., along the East
line of said Lot 1, a distance of 73.90 feet; thence Westerly along the arc of a curve to the right
whose radius is 770.00 feet and whose center bears N. 02 0 39'43" E., a distance of 45.17 feet;
thence N. 15 0 30'30" E., a distance of 73.73 feet to the North line of said Lot 1; thence S. 88 0 46'17"
E., along the North line of said Lot 1, a distance of 26.91 feet to the Point of Beginning.
AND
A portion of Lots 5 and 8 Block 14 being more particularly described as follows
Beginning at the Northeast corner of said Lot 5, Block 14; thence S. 01 °13'43" W., along the East
line of said Lots 5 and 8, a distance of 151.10 feet; thence N. 12 0 01'01" W., a distance of 31.84
feet; thence N. 03 0 00'45" W., a distance of 120.44 feet to the North line of said Lot 5; thence S.
88 0 46'17" E., along the North line of said Lot 5, a distance of 16.20 feet to the Point of Beginning.
AND
A portion of Lot 7, Block 15 being more particularly described as follows:
Beginning at the Northeast corner of said Lot 7, Block 15; thence S. 01 °13'43" W., along the East
line of said Lot 7, a distance of 84.35 feet; thence Westerly along the arc of a curve to the left
whose radius is 640.00 feet and whose center bears S. 05 0 51'07" E., a distance of 131.05 feet to
the West line of said Lot 7, thence N. 01 °13'43" W., along the West line of said Lot 7, a distance of
113.67 feet to the North line of said Lot 7, thence S. 88 0 46'17" E., along the North line of said Lot
7, a distance of 127.50 feet to the Point of Beginning.
AND
A portion of Lot 8, Block 15 being more particularly described as follows:
Beginning at the Northeast corner of said Lot 8, Block 15; thence S. 01 °13'43" W., along the East
line of said Lot 8, a distance of 80.86 feet; thence N. 87 0 20'38" W., a distance of 47.68 feet; thence
along the arc of a curve to the left whose radius is 640.00 feet, a distance of 79.94 feet to a point
on the West line of said Lot 8; thence N. 01 0 13'43" E. along the West line of said Lot 8, a distance
of 82.67 feet to a point on the North line of said Lot 8, thence S. 88 0 46'17" E., along the North line
of said Lot 8, a distance of 127.50 feet to the Point of Beginning.
AND
A portion of Lot 7, Block 16 being more particularly described as follows:
Beginning at the Northeast corner of said Lot 7, Block 16; thence S. 01 °13'43" W., along the East
line of said Lot 7, a distance of 85.53 feet; thence N. 87 0 20 "38" W., a distance of 127.54 feet to a
point on the West line of said Lot 7; thence N. 01 0 13'43" E. along the West line of said Lot 7, a
distance of 82.36 feet to the North line of said Lot 7, thence S. 88 0 46'17" E., along the North line of
said Lot 7, a distance of 127.50 feet to the Point of Beginning.
AND
A portion of Lot 8, Block 16 being more particularly described as follows:
Beginning at the Northeast corner of said Lot 8, Block 16; thence S. 01 °13'43" W., along the East
line of said Lot 8, a distance of 89.08 feet; thence N. 87 0 20'38" W., a distance of 127.54 feet to a
point on the West line of said Lot 8; thence N. 01 0 13'43" E., a distance of 85.91 feet to a point on
the North line of said Lot 8, thence S. 88 0 46'17" E., along the North line of said Lot 8, a distance of
127.50 feet to the Point of Beginning.
Containing 60.420 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 August 13, 2007
BY Randy Thurston
Councilperson
APPROVED: a
F#kESIDEINTof City Council
ATTESTED BY:
CITY CLERK
PASSED AND APPROVED: August 27, 2007
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 3 Z
DATE: AUGUST 13, 2007
DEPARTMENT: COMMUNITY DEVELOPMENTMERRY M. PACHECO
TITLE
AN ORDINANCE APPROVING THE PLAT OF PASTORA RANCH, FILING NO. 1
ISSUE
Shall City Council approve a request to replat 60.42 acres to facilitate low- density
residential development?
The Planning and Zoning Commission, at their July 11, 2007 regular meeting, voted 6 -0
to recommend approval.
BACKGROUND
The subject 60.42 -acre parcel of land was annexed into the City as part of a 110 -acre
annexation that was approved on July 12, 2004. On May 9, 2005 the property was
rezoned from A -1 to R -1, R -2 and S -5, to facilitate low- density residential development.
Pastora Ranch, Filing No. 1 is located within the southern most portion of the 110 -acre
annexation and will be accessed by an extension of Bandera Parkway. The first filing of
Pastora Ranch contains 94 residential lots, two (2) parcels dedicated as public parks,
four (4) parcels for drainage and three (3) parcels reserved for future subdivision. The
annexation agreement also requires that the subdivider provide a secondary access to
the development from Nolan Trace; construct a monument sign at Bandera Parkway or
Nolan Trace identifying the subdivision; develop covenants enforceable by the
homeowners association that establishes architectural requirements that are compatible
with the adjoining El Camino Filing 14 and Filing 16; and design and install a landscaped
entryway along and adjoining Bandera Boulevard which will serve as a visual and
physical separation showing where El Camino ends and Pastora Ranch begins.
FINANCIAL IMPACT
None.