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HomeMy WebLinkAbout07863ORDINANCE NO. 7863 AN ORDINANCE APPROVING THE CITY VIEW HEIGHTS SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of City View Heights being a subdivision of land legally described as: Lots 6 through 9 and 11 through 13, City View Subdivision, County of Pueblo, State of Colorado, according the recorded plat thereof, filed for record in Book 16, Page 22, December 18, 1953 in the office of the Pueblo County Clerk and Recorder MILD The northerly fifteen (15) feet together with the westerly seventy (70) feet of Lot 10, City View Subdivision, according the recorded plat thereof, filed for record in Book 16, Page 22, December 18, 1953 in the office of the Pueblo County Clerk and Recorder 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 (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 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 July 28, 2008 BY Vera Ortegon Councilperson APPROVE �. 0 i I CKAT.4 runui A S ECG Iay, � CLERK PASSED AND APPROVED: Auaust 11. 2008 i Ord,-. �9�3 O Background Paper for Proposed ORDINANCE 3-7 AGENDA ITEM # DATE: JULY 28, 2008 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE CITY VIEW HEIGHTS SUBDIVISION PLAT ISSUE Shall City Council approve a request to resubdivide approximately 6.47 -acres that consists of 18 residential lots to facilitate low- density, single - family residential development? RECOMMENDATION The Planning and Zoning Commission, at their June 11, 2008 Regular Meeting, voted 5 -0-1 to recommend approval. BACKGROUND The proposed Subdivision will resubdivide most of the 1953 City View Subdivision, which was annexed into the City in 1966. City View Heights is a subdivision of approximately 6.47 -acres that consists of 18 residential lots. The proposed subdivision will facilitate low- density, single - family residential development. FINANCIAL IMPACT None.