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HomeMy WebLinkAbout08060•CD ►T► ►• :8 -I AN ORDINANCE APPROVING THE BLUFFS SUBDIVISION, FILING NO. 1 PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SFrTinN 1 The final plat of the Bluffs Subdivision, Filing No. 1 being a subdivision of land legally described as: A parcel of land being a portion of the N 1/2 of the NE 1/4 of Section 21, Township 20 South, Range 65 West of the Sixth Principal Meridian. Pueblo County, Colorado. Being more particularly described as follows: BEGINNING at a point on the south line of the NE Y4 of the NE Y4 of Section 21, Township 20 South, Range 65 West of the Sixth Principal Meridian, said point also being on the westerly Right of Way line of Colorado State Highway 45 (Pueblo Boulevard) from which the SW corner of the said NE Y4 of the NE Y4 of Section 21 Bears S 89 °32'39" W ( bearings based on the south line of the NW Y4 of the NE Y4 of said Section 31 monumented at each end with a no. 6 rebar with 3 Y2' aluminum PLS 24964 to bear S 89 °32'39" W ) a distance of 967.50 feet; thence S 89 °32'39 "W along the said south line of the NE Y4 of the NE Y4, a distance of 583.75 feet; thence N 00 °36'02" W a distance of 589.96 feet; thence N 89 °32'39" E a distance of 561.89 feet to a point on the westerly Right of Way of Colorado State Highway 45 (Pueblo Boulevard); thence S 02 °43'20 "E along the westerly Right of Way Line of Colorado State Highway 45 a distance of 590.42 feet to the POINT OF BEGINNING. Containing 7.76 acres 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. SFrTin S 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. SFrTinN 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. A77TSTFD SY: CITY CLERK INTRODUCED: August 10, 2009 BY: Randy Thurston COUNCILPERSON APPR D' } �- PRESIDENTaf City Council PASSED AND APPROVED: August 24, 2009 Background Paper for Proposed ORDINANCE AGENDA ITEM # R -16 DATE: AUGUST 10, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE BLUFFS SUBDIVISION, FILING NO. 1 PLAT ISSUE Shall City Council approve the request to subdivide the property to facilitate mid -scale commercial development along the northern Pueblo Boulevard corridor? RECOMMENDATION The Planning and Zoning Commission, at their November 12, 2008 Regular Meeting, voted 5 -0 to recommend approval. BACKGROUND The proposed 7.296 -acre subdivision is the initial land division of a 68.6 -acre area that was zoned Planned Unit Development on April 28, 2008. The subdivision consists of four lots with access provided by Longbranch Street and Stryker Street. The subdivision is intended to facilitate mid -scale commercial development along the northern Pueblo Boulevard corridor. This land has been traditionally, but incorrectly, viewed as a portion of the Honor Farm and as such contains a number of "social trails" from heavy off -road use. FINANCIAL IMPACT None.