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Home My WebLink About07663Reception 1750670 12/04/2007 ORDINANCE NO. 7663 AN ORDINANCE APPROVING THE PLAT OF PAWS SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of PAWS Subdivision, being a subdivision of land legally described as: PARCEL "A" A TRACT OF LAND LOCATED IN THE SW 1/4 OF SECTION 27, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH P.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 27; THENCE N 88 0 32' EAST ALONG THE SOUTH LINE OF SAID SECTION 27, A DISTANCE OF 114.9 FEET: THENCE N 03 °53' W. ALONG THE EASTERLY RIGHT OF WAY LINE OF PUEBLO BOULEVARD, A DISTANCE OF 187.70 FEET TO THE TRUE POINT OF BEGINNING: THENCE N 03 CONTINUING ALONG THE EASTERLY RIGHT OF WAY LINE OF PUEBLO BOULEVARD, A DISTANCE OF 77.6 FEET; THENCE N 05 0 46'30" E, CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 76.1 FEET; THENCE N 58 0 32'30" E AND CONTINUING ALONG SAID RIGHT OF WAY, A DISTANCE OF 185.77 FEET; THENCE S 00 A DISTANCE OF 247.74 FEET; THENCE S 89 °21 W, A DISTANCE OF 162.85 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING COUNTY OF PUEBLO, STATE OF COLORADO PARCEL "B" BEGINNING AT THE SOUTHWEST CORNER OF SECTION 27, THENCE SOUTH ALONG THE WEST LINE OF SECTION 27 EXTENDED 599.8 FEET THENCE NORTH 63 33' EAST 187.6 FEET TO ACTUAL POINT OF BEGINNING THIS TRACT THENCE CONTINUES NORTH 6 3° 33' EAST 121.7 17 ORD 12/04/2007 02:41:28 PM Gilbert Ortiz Clerk /Re County, Cc ®III wa Pro Yt1 i �km mm ®I FEET THENCE NORTH 907.23 FEET THENCE SOUTH 58 32'30" WEST 204.4 FEET THENCE SOUTH 05 46'30" WEST 76.1 FEET THENCE SOUTH 03 53' EAST 265.3 FEET THENCE SOUTH 00 18' EAST 170 FEET MORE OR LESS THENCE SOUTH 10 28'30" EAST 266.8 FEET THENCE SOUTH 03 53' EAST 87 FEET TO POINT OF BEGINNING IN NW 1/4 NW 1/4 OF SECTION 34 TOWNSHIP 20 SOUTH RANGE 65 WEST AND SW 1/4 SW OF SECTION 27 TOWNSHIP 20 SOUTH RANGE 65 WEST. COUNTY OF PUEBLO, STATE OFCOLORADO LESS TRACT SOLD TO THE ANIMAL. WELFARE AND PROTECTION SOCIETY IN BOOK 2172 AT PAGE 779 IN DOCUMENT #729631. 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. This ordinance is approved upon the condition that all above ground power lines be placed underground within two years from the effective date of this ordinance. SECTION 4. 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 17 ORD 12/04/2007 02:41:28 PM Gilbert Ortiz Clerk County, Co ®III K W30111VICK IYM�lnvm 11111 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 5. 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 (I) 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 1750670 ORD 12/04/2007 02:41:28 PM Page: 4 of 4 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc rr mill K r1a111 Mil ON �� N ®iii 1 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. SECTION 6. This ordinance includes a provision to underground the power lines within two years. u cis�Q ti ATTESTED`BY: C CLERK INTRODUCED: September 10, 2007 BY: Randy Thurston COU��//NCILPE O APPROVED: v& " , ..JC V-J PRkSIDUNT OF CITY COUNCIL PASSED AND APPROVED: September 24, 2007 pc 1w • -- - Background Paper for Proposed ORDINANCE AGENDA ITEM # \ DATE: SEPTEMBER 10, 2007 DEPARTMENT: COMMUNITY DEVELOPMENT/JERRY M. PACHECO TITLE AN ORDINANCE APPROVING THE PLAT OF PAWS SUBDIVISION Shall City Council approve a request to plat a 3.37 acre parcel into a single lot to provide for an expanded Animal Welfare and Protection Society facility? RECOMMENDATION The Planning and Zoning Commission, at their August 8, 2007 regular meeting, voted 4 -0 to recommend approval. BACKGROUND The Animal Welfare and Protection Society, which currently operates a "no kill' dog shelter, would like to construct a new facility that will offer expanded services. The facility will provide shelter to cats and eventually offer a veterinary clinic. The proposed one (1) lot subdivision, of 3.37 -acres of land, will facilitate the aforementioned development. The project area is currently zoned S -1 and a Special Use Permit to operate the animal welfare shelter and clinic was approved by the Planning and Zoning Commission, March 14, 2007. FINANCIAL IMPACT None.