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HomeMy WebLinkAbout06927Reception 1529496 10/06/2003 ORDINANCE NO. 6927 AN ORDINANCE APPROVING THE PLAT OF THE VILLAS AT EAGLERIDGE SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Villas at Eagleridge Subdivision, being a subdivision of land legally described as: All of Lots 1 through 6, both inclusive, Block 5 and vacated Weatherby Lane adjacent thereto, as platted in Hillcrest Estates Subdivision, 1 St Filing, according to the recorded plat thereof, filed for record June 28, 1996. AND All that portion of Parcel A as platted in Outlook Subdivision, Filing No. 7, according to the recorded plat thereof, filed for record July 31, 1974, according to the recorded plat thereof, filed for record July 31, 1974, lying South of the North line extended of Lots 2 and 3, Block 2 in said Filing No. 7. Containing 2.078 acres, total, 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 ordinance is approved upon the following condition: An addendum to the Subdivision Improvement Agreement be added that will commit the developer to develop the park parcels, and to maintain them through the Homeowner's Association until such time as the City develops the adjacent park land to the north. SECTION 3. 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 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 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 70I of the 1971 Code of Ordinances 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 the condition set forth in Section 2 is met and complied with, 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. �Gts yo, t o C v Dec INTRODUCED: ember 9, 2002 c .��,�; ,,.• BY: Al Gurule C CILPERSON APPROVED: .'�'O PRESIDENT OF CITY COUNCIL ATTESTED BY: ITY CLERK PASSED AND APPROVED: December 23, 2002