HomeMy WebLinkAbout06579ORDINANCE NO. 6579
AN ORDINANCE APPROVING THE PLAT OF VILLAGER INN SUBDIVISION
BE ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that
SECTION 1.
The final plat of Villager Inn Subdivision, being a subdivision of land legally described
as follows:
A part of the NE 1/4 of the SW 1/4 of Section 13, Township 20 South, Range
65 West of the 6th Principal Meridian described as follows:
Beginning at the southeast corner of said NE 1/4 of the SW 1/4; thence westerly
along the south line of said NE 1/4 of the SW 1/4, 373.0 feet; thence northerly
parallel with the north -south centerline of said Section 13, a distance of 641.0
feet, more or less to a point on the southerly right of way line of U.S. Highway
50 as presently located; thence southeasterly along said southerly right of way
line of U.S. Highway 50, as presently located, 393.0 feet, more or less, to its
intersection with the said north -south centerline of Section 13; thence southerly,
along said north -south centerline, 558.3 feet to the Point of Beginning,
Excepting therefrom that portion described within the following described tract;
COMMENCING at the southeast corner of said NE 1/4 of the SW 1/4 of Section
13; thence westerly, along the south line of said NE 1/4 of the SW 1/4, 350.0
feet; thence northerly parallel to the north -south centerline of said Section 13,
a distance of 627.07 feet, more or less, to a point on the southerly right of way
line of U.S. Highway 50, being the True Point of Beginning; thence southerly
parallel with said north -south centerline, 197.61 feet; thence westerly perpen-
dicular to the last described line, 206.0 feet; thence northerly perpendicular
to the last described line, 295.76 feet, more or less, to a point on the southerly
right of way line of said Highway 50; thence easterly along said southerly
right of way line, 228.32 feet to the True Point of Beginning,
Except that portion in warranty deed to Department of Transportation, State
of Colorado recorded June 24, 1999 Reception No. 1285964, total parcel
contains 4.94 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 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
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 Subdividor. No
vested rights shall accrue to the subdivision or be acquired until this Ordinance or the final
subdivision plat becomes effective.
INTRODUCED August 14 2000
By Patrick Avalos
C cilmember
ATTEST
�. APPROVED ; 711 LL
City Clerk President of the Council
PASSED AND APPROVED
ID U ED Aft
City of Pueblo
DEPARTMENT OF PUBLIC WORKS
March 14, 2002
Barbara Wojdyla and Joseph J. Wojdyla
800 HWY. 50 West
Pueblo, CO 81008
Re: Villager. Inn Subdivision
Dear Barbara and Joseph:
INII e�
At the time of submittal of the application for subdivision of the Villager Inn
Subdivision, you requested that certain filings be deferred for up to one year after the date
the subdivision plat was conditionally approved by the City Council. A copy of the
"Request for Deferred Filings" is attached for your information. The City Council
conditionally approved the plat on August 28, 2000.
You subsequently requested an extension to this one -year time period for
submittal and approval of deferred filings and was granted an extension by the City
Council, under Resolution 9371, to the date of December 31, 2001.
As of the date of this letter,.all required deferred filings have not been submitted
or approved by the Director of Public Works. Pursuant to Section 12- 4- 5(b)(2) of the
Municipal .Code, you are hereby notified that Ordinance No. 6579 approving the plat of
Villager Inn Subdivision shall automatically be rescinded and repealed thirty (30) days
after the date of this letter.
If there are any questions, please feel free to contact me at 543 -2860.
Sincerely,
Tom Cvar
Director of Public Works
pc: City Clerk
Mangini & Associates
Subdivision File
211 E. "D" Street Pueblo, Colorado 81003 . (719) 543 -2860 Fax (719) 542 -6244
f
Request for Deferred Filings
As the subdivider of the Villager Inn Subdivision the undersigned Subdivider
hereby requests that the detail plans and profiles for streets, sanitary sewers, storm sewers
and other drainage facilities, offsite easements and covenants, if any, subdivision
improvements agreement, and other documents and information which may be required
by the City Staff or the Planning and Zoning Commission described in the attached
Exhibit "A" (the Deferred Filings) be deferred for up to one year after the date the
subdivision plat is conditionally approved by ordinance adopted by the City Council.
Subdivider understands and agrees that if a complete set of such Deferred Filings
are for any reason not filed with and approved by the Director of Public Works within
said one year period, or within any extended period granted by resolution of the City
Council, the ordinance conditionally approving the final subdivision plat shall
automatically be rescinded and repealed thirty (30) days after having received written
notice of such recession and repeal.
Subdivider further understands and agrees that no final subdivision plat of a
subdivision shall be recorded in the office of the Pueblo County Clerk and Recorder and
no building permit shall be issued for any structure or building within this subdivision
until all information, documents, drawings, profiles, and plats required by Chapter 4 of
Title XH of the 1971 Code of Ordinances with respect to this subdivision, including
without limitation Deferred Filings, have been timely filed and approved by the Director
of Public Works.
Date: 6 June 2000
Accepted this day of , 2000.
Director of Public Works
EXHIBIT "A"
DEFERRED FILINGS
— X — Construction plans, profile and details of streets, sanitary sewers, storm sewers,
drainage facilities.
X Offsite easements, on city approved forms, signed by property owners.
X_Covenants, on city approved forms, pertaining to the maintenance of sanitary
sewer, storm sewer and drainage facilities on private property signed by the
property owner.
— X — Subdivision improvement agreement with Exhibit "A" and `B ".
X Final drainage report including all items listed in the "Final Drainage Report
Checklist ".
X Environmental Report