HomeMy WebLinkAbout06355Reception 1251633
12/03/1998
ORDINANCE NO. 6355
AN ORDINANCE APPROVING THE PLAT OF NEPCO SUBDIVISION
BE ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that
SECTION 1.
The final plat of Nepco Subdivision, being a subdivision of land legally described
as follows:
A portion of Parcel A in Belmont Thirteenth Filing, according to the recorded
plat thereof, filed for record February 15, 1956 and a portion of Parcel C in
Belmont Seventeenth Filing, according to the recorded plat thereof, filed
for record February 27, 1958, County of Pueblo, State of Colorado, and
being more particularly described as follows:
Beginning at a point on the West line of said Parcel C, said point being 111.83
feet Southwesterly of, as measured along the West line of said Parcel C, from
the Northwest corner thereof; thence S.64 °14' 20" E., a distance of 127.72
feet; thence N.32 °27'E., a distance of 170.70 feet; thence N. 52 °23'W., a
distance of 130.00 feet to a point on the Westerly line of said Parcel A; thence
Southwesterly, along the Westerly line of Parcel A and said Parcel C and along
the are of a curve to the left, whose radius is 955.37 feet, a distance of 197.64
feet to the Point of Beginning
AND
A portion of Parcel A in Belmont Thirteenth Filing, according to the recorded
plat thereof, filed for record February 15, 1956 and a portion of Parcel C in
Belmont Seventeenth Filing, according to the recorded plat thereof, filed for
record February 27, 1958, County of Pueblo, State of Colorado, and being
more particular described as follows:
Commencing at a point on the West line of said Parcel C, said point being
111.83 feet Southwesterly of, as measured along the West line of said Parcel
C, from the Northwest corner thereof; thence S.64° 14'20 "E., a distance of
127.72 feet; thence N. 32 °27'E., a distance of 170.70 feet to the True Point
of Beginning of the Parcel of land herein described; thence N.32 °27'E., a
distance of 68.03 feet; thence N.41 °45'28 "W., a distance of 124.65 feet
to the West line of said Parcel A; thence Southwesterly, along said West
line the following two (2) courses:
1. S.38 °14' W., a distance of 80.38 feet;
2. along the are of a curve to the left whose radius is 955.37 feet, a
distance of 10.34 feet;
thence S.52 °23'E., a distance of 130.00 feet to the Point of Beginning,
containing 0.785 acres (34,188 sq. ft.) total,
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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 subdivisiof 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
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of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30 )
d &ys after 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.
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AT
Clerk ity
INTRODUCED September 14 1 1998
BY Al Gurule
Councilmember
APPROVED
Preside T e Vouncil
8/31/98