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Home My WebLink About06267ORDINANCE NO. 6267 AN ORDINANCE APPROVING THE PLAT OF ENCLAVE AT WALKING STICK SUBDIVISION BE ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that SECTION 1. The final plat of Enclave at Walking Stick Subdivision, being a subdivision of land legally described as follows: A portion of the NW 1/4, SW 1/4 and SE 1/4 of Section 17, Township20 South, Range 64 West of the 6th P.M., County of Pueblo, State of Colorado, being a portion of that tract of land conveyed to the Trustees of State Colleges of Colorado by deed recorded in Book 1533 at Page 985 of the Pueblo County records and being more particularly described as follows: Considering the North line of said Section 17 to bear N.88 °45'07" E, and all bearings contained herein relative thereto. Commencing at the Northeast corner of said Section 17; thence 5.64 °05'58" W., a distance of 3352.54 feet to the Easterly boundary line of Walking Stick Golf Course., as conveyed to the City of Pueblo by deeds recorded in Book 2430 at Page 651 and in Book 2630 at Page 446 of the said County records and the True Point of Beginning; thence 5.47 °30'27 "E., a distance of 100.00 feet; thence Southwesterly, along the arc of a curve to the left whose center bears S.47 °30'27 "E. and whose radius is 900.00 feet, a distance of 256.26 feet; thence 5.26 °10'42 "W., a distance of 1283.36 feet; thence 5.19 °09'06 "E., a distance of 77.00 feet; thence Southeasterly, along the arc of a curve to the right whose center bears 5.26 °40'11 "W, and whose radius is 555.00 feet, a distance of 612.26 feet; thence 5.89 °52'38" W., a distance of 5.00 feet; thence 5.00 °07'22 "E., a distance of 192.77 feet; thence Southeasterly, along the arc of a curve to the left whose radius is 450.00 feet, a distance of 480.74 feet; thence 5.61 °19'56 "E., a distance of 659.17 feet; thence 5.24 °54'39 "W., a distance of 1,90.24 feet to the Northerly right -of -way line of Colorado State Highway No. 47, as conveyed to the State of Colorado, Department of Transportation by deed recorded in Book 2997 at Page 723 of the said County records; thence N.61 °35'29 "W., (5.61 °37'18 "E, Hwy.), along said right -of -way line, a distance of 100.19 feet; thence N.24 °54'39 "E., a distance of 51.69 feet; thence Northwesterly, along the arc of a curve to the left whose center bears N.89 °41' 27 "W. and whoses radius is 68.00 feet, a distance of 73.16 feet; thence N.28 °40'04 "E., a distance of 3.00 feet; thence N.61 °19'56 "W., a distance of 508.23 feet; thence Northwesterly, along the arc of a curve to the right whose radius is 550.00 feet, a distance of 587.57 feet; thence N.00 °07'22" W., a distance of 192.77 feet; thence Northwesterly along the arc of a curve to the left whose radius s 450.00 feet, a distance of 547.85 feet; thence 5.39 °44'41" W., a distance of 10.79 feet; thence S.26'10'42" W., a distance of 427.42 feet to the said Northerly right -of -way line of Colorado State Highway No. 47, as conveyed to the State of Colorado, Department of Transportation by deed recorded in Book 2997 at Page 723 of the said County records; thence N.63 °49'45 "W. (5.63 °48'58" E., Hwy.), along said right -of -way line, a distance of 100.00 feet; thence N.26 °10'42 "E., a distance of 358.21 feet; thence N.18 °49' 18" W., a distance of 112.04 feet; thence N.26 °10'42 "E., a distance of 93.00 feet; thence N.63'49'1 8"W., a distance of 128.04 feet; thence Westerly, along the arc of a curve to the left whose radius is 540.00 feet, a distance of 167.33 feet to the said Easterly boundary line of Walking Stick Golf Course; thence Northeasterly, along said boundary line the following eight (8) courses: 1. N.17 0 18'22 "E., a distance of 435.74 feet; 2. N.38 0 08'01 "E., a distance of 235.55 feet; 3. N.07 0 01'13 "E., a distance of 466.71 feet; 4. N.07 0 35'02 "W., a distance of 237.05 feet; 5. N.29 °22'01' E., a distance of 86.60 feet; 6. N.73 0 21'34 "E., a distance of 243.61 feet; 7. N.77 0 43'50 "E., a distance of 108.53 feet; 8. S.69 °01' 16 "E., a distance of 448.85 feet to the Point of Beginning, containing 28.096 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 ease- ments, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -ways 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 1971 Code of Ordinances, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this ordinance and the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforce- ment 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 improvements 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 liabilities 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 1971 Code of Ordinances meeting and complying with the subdivision require- ments of the City 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 1971 Code of Ordinances, 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 afer written notice of such rescission and repeal is given to the Subdividor. No vested rights shall accrue to the subdivision or be acquired until this Ordinance or the final subdivision plat becomes effective. INTRODUCED October 14 , 1997 BY Charles Jones Councilmember APPROVED ��Q-- President the ouncil ATTEST: y Clerk 10/6/97 City of Pueblo DEPARTMENT OF PUBLIC WORKS December 11, 1998 Mr. Richard Goldman Holystone Development Corporation 146 Laird Drive, Suite 302 Toronto, Ontario Canada M4G3V7 Re: Enclave at Walking Stick Dear Mr. Goldman, The Enclave at Walking Stick Subdivision was conditionally approved by the Pueblo City Council on October 14, 1997, by Ordinance No. 6267. (Copy attached.) Section 4 of the ordinance requires the submittal of all information, documents, drawings, profiles and plat required by Chapter 4 of Title XII of the 1971 Code of Ordinances, meeting and complying with the subdivision requirements of the City, within one year after final passage of the ordinance. Since these documents have not been provided within the required time period, you are hereby notified that the ordinance approving the subdivision will automatically be rescinded and repealed thirty days after the date of this letter. Please feel free to contact me if there are any questions. Sincerely, Tom Cvar Director of Public Works TC:gc Attach: pc: Tuck Young, Attorney at Law Tom Jagger, City Attorney Subdivision File 211 E. "D" Street Pueblo, Colorado 81003 (719) 543 -2860 Fax (719) 542 -6244