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HomeMy WebLinkAbout07653Reception 1742126 09/18/2007 ORDINANCE NO. 7653 AN ORDINANCE APPROVING THE PLAT OF HERITAGE VILLAGE, FILING NO. 4 A BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Heritage Village, Filing No. 4 A, being a subdivision of land legally described as: A parcel of land located in the NE' /4 of the NW '/4 and the SE '/4 of the NW '/4 of Section 22, Township 21 South, Range 65 West of the 6 th P.M. in the County of Pueblo, State of Colorado and being more particularly described as follows: Considering the North line of Section 22, Township 21 South, Range 65 West of the 6 th P.M. to bear N. 89 0 40'00" E., and all bearings contained herein being relative thereto. Beginning at the most Easterly corner of Lot 1 Block 7 in Heritage Village, Riling No. 4 according to the recorded plat thereof as filed for record at Reception No. 1618817; thence N. 34 0 29'01" W., along the Easterly line of said Lot 1, a distance of 110.00 feet to a point on the Southerly right -of- way line of Raccoon Lane as presently located in said Heritage Village, Filing No. 4; thence Easterly along the Southerly right -of -way line of said Raccoon Lane the following three (3) courses: 1. N. 55 0 30'59" E., a distance of 7.01 feet; 2. Easterly along the arc of a curve to the right whose radius is 180.00 feet; a distance of 45.47 feet; 3. N. 69 0 59 "24" E., a distance of 60.59 feet to a point on the Westerly right -of -way line of Hollywood Drive as presently located in Settlers Village, Filing No. 2 according to the recorded plat thereof as filed for record at Reception No. 1494729; thence S. 20 0 00'36" E., along the Westerly right -of -way line of said Hollywood Drive, a distance of 110.00 feet; thence S. 69 0 59'24" W., a distance of 69.48 feet; thence S. 55 0 30'59" W., a distance of 15.89 feet to the Point of Beginning. Containing 0.25 acres, more or less is hereby approved, and all dedicated streets, utility and drainage easements, rights -of- 1742126 ORD 09/18/2007 09:41:32 AM Page: 2 of 3 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co Bill WA PJ «I L WIMMI WAhob 1111 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. 1742126 ORD 09/18/2007 09:41:32 AM Page: 3 of 3 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co mill K PJ110I11 NNW mi MIA 11 111 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. �s �1 ATT TY CLERK INTRODUCED: August 13, 2007 BY: Randy Thurston COUNCILP N APPROVED: dIZA PRE61DEW OF CITY COUNCIL PASSED AND APPROVED: August 27. 2007 ti' Ora ToS3 Background Paper for Proposed ORDINANCE AGENDA ITEM # '30r 33 DATE: AUGUST 13, 2007 DEPARTMENT: COMMUNITY DEVELOPMENT/JERRY M. PACHECO TITLE AN ORDINANCE APPROVING THE PLAT OF HERITAGE VILLAGE, FILING NO. 4A ISSUE Shall City Council approve a request to replat 0.25 acres in order to develop a single - family detached residential lot and dedicate a right -of -way for landscaping improvements? RECOMMENDATION The Planning and Zoning Commission, at their June 13, 2007 regular meeting, voted 7 -0 to recommend approval. BACKGROUND Heritage Village, Filing No. 4 A, will plat the undeveloped land at the corner of Hollywood Drive and Raccoon Lane. All of the surrounding lots were platted in 2003, as part of the Heritage Village, Filing No. 4 Subdivision. As proposed, this subdivision will plat one (1) single - family detached residential lot and a right -of -way that will be used for landscaping. The proposed right -of -way creates an odd shaped lot with a narrow but functional building area. In addition to the public 18 -foot drainage easement on the west, a five (5) foot landscape easement along the eastern property boundary has been created to ensure a maintenance area for the dedicated right -of -way. JI:F_V 143 f_1gh'd;7_'%1 None.