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-
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
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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.
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
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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.
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ATT
TY CLERK
INTRODUCED: August 13, 2007
BY: Randy Thurston
COUNCILP N
APPROVED: dIZA
PRE61DEW OF CITY COUNCIL
PASSED AND APPROVED: August 27. 2007
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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.
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None.