HomeMy WebLinkAbout06404Reception 1289662
07/20/1999
ORDINANCE NO. 6404
AN ORDINANCE APPROVING THE PLAT OF THE HISTORIC
ARKANSAS RIVERWALK PROJECT FILING ONE SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Historic Arkansas Riverwalk Project, Filing One Subdivision,
being a subdivision of land legally described as:
A parcel of land in the S 1 /z of the NE 1/4 and the N' /Z of the SE 1/4 of
Section 36, Township 20 South, Range 65 West of the 6th P.M. and in
the NW 1/4 of the SW 1/4 of Section 31, Township 20 South, Range 64
West of the 6th P.M. and being a portion of the Channel of the Arkansas
River, as established by Ordinance No. 446 of the City of Pueblo recorded
in Book 568 at Page 187 of the Pueblo County records,
AND
A portion of Lots 8, 9 and 10, Block 14 in the State Addition to the City of
Pueblo, according to the recorded plat thereof, filed for record January 28,
1878,
AND
A portion of Lots 3, 4, and 5, Block A and a portion of Lot 8, Block B in
Kretschmer's Subdivision of Block 1, State Addition to Pueblo, according
to the recorded plat thereof, filed for record July 6, 1888,
AND
A portion of Lots 1 though 5 and Lots 25 through 28, Block 3, a portion of
Lots 1 through 6 and Lots 23 through 28, Block 4, a portion of Lots 1 through
6 and Lots 8 through 13, Block 5 and a portion Lot 1, Block 6 in the former
Town of Central Pueblo, now part of the City of Pueblo, according to the
to the recorded plat of said town, filed for record August 13, 1883,
AND
A portion of Lots 1, 2 and 3 in Kretschmer's Subdivision of Block 44 of the
original City of Pueblo, according to the recorded plat thereof, filed for
record March 1, 1882,
AND
A portion of Lots 15 through 18 and Lots 35 through 46, Block 3 in Moore's
Subdivision of a portion of the W 1 /z of the NW 1/4 of the SW 1/4
of Section 31, Township 20 South, Range 64 West, and of the E 1/2
of the SE 1/4 of Section 36, Township 20 South, Range 65 West, in Pueblo
County, Colorado, according to the recorded plat thereof, filed for record
June 19, 1912,
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AND
A portion of Blocks 160, 170 and 180 in the former Town of South Pueblo,
now part of the City of Pueblo, according to the recorded plat thereof,
AND
A portion of Lots 13 through 18 and Lots 33 through 42, Block 30 and a
portion of Blocks 130, 140 and 150 in the Colorado Coal and Iron Company's
Addition No. 2 to the City of Pueblo (South of the Arkansas River), according
to the recorded plat thereof, filed for record May 10, 1887,
AND
The vacated streets and alleys adjacent thereto, that have been previously and
properly vacated,
AND
All being more particularly described as follows:
Beginning at the Northwest corner of Lot 8 in said Block 14 in the State
Addition; thence S.10 °06'05 "E., along the East line of a tract of land
conveyed by deed recorded in Book 1295 at Page 323 of the Pueblo County
records, a distance of 121.06 feet to the South line of said Lot 8;thence
S.14 °38'06 "E., across the alley platted in said Block 14, a distance of 16.49
feet to the North line of Lot 9 in said Block 14; thence Southerly, along the
East line of a tract of land conveyed by deed recorded in Book 1301 at Page
543 of the said County records the following two (2) courses:
1. S.27 0 03'08 "E., a distance of 124.34 feet (N.26 °26'35" W., 124.86 feet,
deed);
2. S.53 0 55'46" W. (N.54 °42'E., deed), a distance of 14.00 feet to the South
line of said Block 14;
thence S.43 °46'10" E., across the right -of -way of First Street, as platted in
said State Addition, a distance of 109.59 feet to the Northwest corner of a
tract of land conveyed by deed recorded in Book 2775 at Page 768 of the
said County records; thence S.43 °15'15" E. (N.42 °41'W., deed), along the
Southwesterly line of said tract of land, a distance of 308.29 feet to the
West right -of -way line of Greenwood Street, as platted in said State Addition;
thence S.00 °34'44 "E., along said West right -of -way line, a distance of 48.68
feet; thence N89 °25'16 "E., a distance of 80.00 feet to the East right -of -way
line of said Greenwood Street; thence S.00 °34'44 "E., along said East right -of-
way line and that line extended, a distance of 81.89 feet to the Northeasterly
line of Lot 5 in said Block A in Kretschmer's Subdivision of Block 1 in the
State Addition; thence S.45 °17'35 "E., along said Northeasterly line and that
line extended, a distance of 115.99 feet o the Northernmost corner of Lot 7,
Block B in said Kretschmer's Subdivision of Block 1 in the State Addition;
thence along the boundary of said Block B the following two (2) courses:
1. S.44 0 42'24 "W., a distance of 25.00 feet to the Westernmost corner of
said Block B;
2. S.44 0 24'42" E., a distance of 134.86 feet to the Northwesterly line of
Lot 8 in said Block B;
thence N.45 °26'58 "E., along said Northwesterly line, a distance of 13.69
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feet; thence S.32 °01'13 "E., a distance of 63.80 feet to the South line
of the NE 1/4 of said Section 36, being also the North line of Block 6,
in said Central Pueblo; thence S.45 °35'18" W., a distance of 20.00 feet
to the Southwesterly line of said Block 6, being also the face of the
abutment of the levee along the Arkansas River Channel as it existed
in 1882; thence S.44 °24'42" E., along the said Southwesterly line, a distance
of 103.37 feet to the Southeasterly line of said Block 6; thence S.45 °17'25"
E., across the right -of -way of Union Avenue, as platted in said Central Pueblo,
a distance of 80.00 feet to the Northwesterly line of said Block 5 in Central
Pueblo; thence Northeasterly, along said Northwesterly line and along the
Northwesterly line of said Kretschmer's Subdivision of Block 44 of the
original City of Pueblo the following two (2) courses:
1. N.44 0 42'35 "E., a distance of 153.43 feet;
2. N.44 0 42'12 "E., a distance of 104.05 feet;
thence S.45 0 17'48 "E, a distance of 341.79 feet to the centerline of Main Street
as platted in said Central Pueblo; thence S.45 0 16'28 "E., a distance of 124.30
feet; thence Southeasterly, along the arc of a curve to the right whose radius
is 540.00 feet, a distance of 178.71 feet; thence S.26 °18'45" E., a distance of
174.20 feet; thence Southeasterly, along the arc of a curve to the left whose
radius is 477.82 feet, a distance of 536.11 feet; thence N.89 °24'08 "E., a distance
of 214.39 feet to the West right -of -way line of Santa Fe Avenue, as platted in
said Moore's Subivision, thence S.00 °35'52" E., along said West right -of -way
line, a distance of 80.00 feet to the Northeast corner of a tract of land conveyed
to the State Department of Highways, Division of Highways, State of Colorado
by deed recorded in Book 1722 at Page 766 of the said County records; thence
along the boundary of said tract of land the following four (4) courses:
1. S.89 °24'08 "W., a distance of 186.91 feet;
2. S.01 0 02'56 "E., a distance of 38.70 feet (39.51 feet, deed) to the North
right -of -way line of vacated Levee Street, as platted in said Moore's Subdivision;
3. S.00 0 35'52 "E., a distance of 59.06 feet
4. S.54 0 21'52 "E., a distance of 188.18 feet (197.62 feet, deed);
to the North right -of -way line of the D. &R.G.W. Railroad;
thence S.72 °09'04 "W., along said North right -of -way line, a distance of 216.09 feet
to the Southwesterly levee line of the Channel of the Arkansas River, as established
by said Ordinance No. 446 of the City of Pueblo; thence N.53 °58'24" W., along said
Southwesterly levee line, a distance of 960.17 feet; thence N.75 °27'20 "W., a distance
of 73.90 feet; thence N.56'40'1 1 "W., a distance of 142.02 feet to the Southeasterly
right -of -way line of Main Street extended; thence Southwesterly, along said South-
easterly right -of -way line extended the following two (2) courses;
1. S.44 I "W., a distance of 60.42 feet;
2. S.44 0 46'09 "W., a distance of 29.98 feet to the Northernmost corner of Block 70
in said South Pueblo;
thence Northwesterly, along the Southwesterly right -of -way line of vacated E Street,
as platted in said South Pueblo and in said Colorado Coal and Iron Company's
Addition No. 2 the following two (2) courses:
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1. N 45 °16'25 "W., a distance of 411.09 feet;
2. N 45 °15'57 "W., a distance of 770.16 feet to the centerline of vacated Lamkin Street,
As platted in said Colorado Coal and Iron Company's Addition No. 2 and the
Southeast corner of a tract of land (Parcel 1) conveyed by deed recorded in Book
1026 at Page 516 of the said County records:
thence N.60 °5 1'27"W., along the Northeasterly line of said tract of land, a distance
of 186.88 feet (N.60 °30'W., 186.80 feet, deed) to the Southwesterly corner of Lot
18, Block 30 in said Colorado Coal and Iron Company's Addition No. 2; thence
N.45 °16'57" W., along the Southwesterly line extended of said Lot 18, a distance
of 10.00 feet to the centerline of the vacated alley in Block 30 in said Colorado
Coal and Iron Company's Addition No. 2; thence 5.44 °42'34 "W., along said center-
line, a distance of 3.00 feet to the Southeast corner of a tract of land (Parcel 2)
conveyed by the said deed recorded in Book 1026 at Page 516 of the County Records;
thence N.78 °10'48 "W. (N.77 °53'W., deed), along the Northeasterly line of said
tract of land, a distance of 86.55 feet to the Northeasterly line of Lot 12 in said
Block 30; thence N.18 °03'12" W., a distance of 114.52 feet to a line lying 20.00
feet Southeasterly of and equidistant to the centerline of an existing railroad track;
thence Northeasterly, along said equidistant line the following two (2) courses:
1. along the arc of a curve to the left whose center bears N. 18'03'12"W., and
whose radius is 719.22 feet, a distance of 224.69 feet;
2. N.54 0 02'48 "E., a distance of 152.77 feet;
thence N.35 °57'12 "W., a distance of 40.00 feet; thence 5.54 °02'48 "W.,
a distance of 92.25 feet to the West right -of -way line extended of Elizabeth
Street, as platted in said State Addition; thence N.00 °35'33 "W., along said
West right -of -way line extended, a distance of 314.83 feet to the South right -of -way
line extended of Second Street, as platted in said State Addition; thence N.89 °11'03"
E., along said South right -of -way line extended, a distance of 80.03 feet to the Point of
Beginning, containing 22.312 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
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
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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 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 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 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 or the final
subdivision plat becomes effective.
City Clerk
INTRODUCED February 8, 1999
By Al Guru
A o ncZPt
�l APPROVED � VI i
President of the Council
1/29/99