Loading...
HomeMy WebLinkAbout08081Reception 1851763 08/31/2010 9:12:18 AM ORDINANCE NO. 8081 AN ORDINANCE APPROVING THE PUEBLO FIRE STATION NO. 9 SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. EXAL The final plat of the Pueblo Fire Station No. 9 Subdivision being a subdivision of land co legally described as: N ~� yam A parcel of land located in the SE %4 of Section 9, Township 21 South, Range 65 West of the 6t 'Se: P.M. in the County of Pueblo and State of Colorado, being more particularly described as mOZ follows: N0 ° .4- N • Considering the line between the monument found at the intersection of Chautard Drive and :Ice m Surfwood Lane said monument being a brass tack in a lead plug within a cast iron range box to &N N the monument found westerly at the point of curvature of Surfwood Lane said monument being 0 4,5'. a brass tack in a lead plug within a cast iron range box to bear N. 88° 55' 29" W. and all ra- a bearings contained herein being relative thereto. This monument line defines a segment of the Surfwood Lane right -of -way that was established in Starlite Hills 5 Filing according to the :34 recorded plat thereof as filed for record, Reception No. 508676 in the office of the Pueblo County Clerk and Recorder. This monument line is parallel and 10 feet south of the south line of Section 9, Township 21 South, Range 65 West. Commencing at the southeast corner of Block 37, Columbia Heights Subdivision according to the recorded plat thereof as filed for record, Reception No. 26544 in the office of the Pueblo County Clerk and Recorder said point also being the north right -of -way line of Surfwood Lane as platted in said Starlite Hills 5 Filing; thence N. 88° 55' 29" W. along the north right -of -way line of Surfwood Lane a distance of 26 feet more or less to the southeast corner of Lot 35, Block 37, said point also being on the north right -of -way line of Surfwood Lane and the Point of Beginning; thence N. 88° 55' 29" W. along the south line of Block 37 and Block 36 a distance of 565.39 feet; thence N. 52° 21' 33" E. a distance of 502.25 feet more or less to a point on the centerline of vacated Granite Avenue; thence S. 89° 52' 59" E. and along the centerline of vacated Granite Avenue a distance of 141.08 feet; thence S. 40 °54' 58" E. a distance of 39.77 feet more or less to the northeast corner of Lot 2 Block 37; thence S. 00° 05' 29" E. along the east lines of lot 2 and lot 35, a distance of 287.00 feet more or less to the Point of Beginning. Also those portions of vacated Grand Avenue, Granite Avenue and the vacated alley of Block 37 within said boundary described above. Said parcel contains 2.64 acres, more or less. 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 (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. INTRODUCED: September 14, 2009 BY: Michael Occhiato COUNCIL PERSON APPROVED: -(e- RESIDENT OF CITY OUNCIL ATTESTED BY: ITY CLERK PASSED AND APPROVED: September 28, 2010 Background Paper for Proposed ORDINANCE AGENDA ITEM # R -14 DATE: SEPTEMBER 14, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE PUEBLO FIRE STATION NO. 9 SUBDIVISION PLAT ISSUE Shall City Council approve a request to resubdivide the 2.64 -acre parcel in order to facilitate the construction of Pueblo Fire Station No. 9? RECOMMENDATION The Planning and Zoning Commission, at their August 12, 2009 Regular Meeting, voted 5 -0 to recommend approval. BACKGROUND The City is proposing to resubdivide a portion of Block 36 and all of Block 37, Columbia Heights Subdivision into a 2.64 -acre parcel, in order to facilitate the construction of Pueblo Fire Station No. 9. The site is located south of Roncalli Middle School on vacant land that was previously owned by District 60 and incorporated into the school grounds. In 2008, Ordinance 7945 was adopted which granted the 2.64 -acre parcel, to the City in exchange for the City providing maintenance on District owned park areas and future school sites. The original 1888 subdivision established standard 25 -foot by 140 -foot lots and were not resubdivided prior to the development of Roncalli Middle School. According to the Title 12 of the Municipal Code, the land must be resubdivided prior to the construction of the fire station. The proposed subdivision meets all zoning requirements for the S -1 Zone District and will provide adequate area for the fire station. FINANCIAL IMPACT None.