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HomeMy WebLinkAbout06594Reception 1363643 12/26/2000 ORDINANCE NO. 6594 AN ORDINANCE APPROVING THE PLAT OF EPSTEIN ESTATES SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Epstein Estates Subdivision, being a subdivision of land legally described as: A portion of land lying within the Northwest 1/4 of Southeast 1/4 of Section 7, Township 20 South, Range 64 West of the 6th P.M., being more particularly described as Parcel B, Rearrangement of Property Boudaries, according to the recorded plat thereof, filed April 21, 1998 in Book 3112 at Page 234 and Lot 3, Block 6, University Park Subdivision, 18th Filing, according to the recorded plat thereof, filed April 14, 1989 in Book 2442, at Page 550, County of Pueblo, State of Colorado, being more particularly described in metes and bounds as: Beginning at the Northeast corner of said Parcel B; thence S 01 °01'53" E (bearings are based on the east line of said Parcel `B" monumented at each end with a No. 4 rebar and yellow plastic cap PLS 30107 to bear S O1 °01'35" E as established on said Rearrangement of Property Boundaries) along the east line of said Parcel B, a distance of 141.75 feet; thence S 45 °32'03" W along the Southeast line of said Parcel B, a distance of 154.90 feet, to a point on the East line of said Lot 3; thence S 0015'52" E along the East line of said Lot 3, a distance of 49.60 feet to the South- east corner of said Lot 3; thence S 89 °45'13" W along the South line of said Lot 3, a distance of 109.92 feet to a point on the East Right of Way of Castor Drive, as plated in said University Park, 18th Filing, said point being the Southwest corner of said Lot 3; thence along a curve to the left a distance of 208.76 feet, said curve having a radius of 2540.00 feet, a central angle of 04 °42'32 ", and a chord bearing of N 02 °36'03" W; thence N 04 °57'19 "W, along the East right of way of said Castor Drive, a distance of 4 1. 10 feet, to a point at the Northwest corner of said Parcel B, said point also being at the right of way line of Vinca Court as platted in said University Park, 18th Filing; thence N 85 °02'41" E, along the South right of way line of said Vinca Court, a distance of 28.62 feet; thence along a curve to the left a distance of 187.80 feet, said curve having a radius of 52.00 feet, a central angle of 206 °55'45 ", and a chord bearing of N 62 0 43'48" E, to a point on the North line of said Parcel B; thence N 88 °56'54" E along the North line of said Parcel B, a distance of 112.31 feet, to the Point of Beginning, containing 46,920 square feet more or less, 1 1 HE 1111111111111111 1363643 12/26/2000 01:33P ORD Chris C. Munoz 2 of 3 R 13.00 D 0.00 Pueblo Cty Clerk & Ree 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 Pueblo Municipal Code, 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 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 Pueblo Municipal Code 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. 1 IN 1363643 12/26/2000 01:35P ORD Chris C. Munoz 3 of 3 R 15.00 D 0.00 Pueblo C!y Clerk & Rec y � s caco. ca �o INTRODUCED September 11, 2000 BY Rich Golenda C cilme APPROVED 1 1. President of the City Council ATTEST: City Clerk E PASSED AND APPROVED September 25, 2000 8/30/00