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HomeMy WebLinkAbout06691Reception 1389515 06/26/2001 ORDINANCE NO. 6691 AN ORDINANCE APPROVING THE PLAT OF PEARCE SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: RF(''TTC1N 1 The final plat of Pearce Subdivision being a subdivision of land legally described: A certain parcel of land, being a part of the NE '/4 of the SW 1 /4 of Section 13, Township 20 South, Range 65 West of the 6 th P.M., more particularly described as follows: BEGINNING at a point on the north line of said NE 1 /4 of the SW t /4, said point being 596.04 feet west of the center of the said Section 13, thence south, parallel to the east line of the said NE 1 /4 of the SW 1 /4 a distance of 372.90 feet, more or less, to a point on the north right of way line of U.S. Highway No. 50; thence northwesterly along said right of way line a total distance of 200 feet; thence north, parallel to the said east line of the NE 1 /4 of the SW 1 /4 a distance of 357.07 feet, more or less to a point on the said north line of the NE 1 /4 of the SW 1 /4; thence east, along said north line of the NE 1 /4 of the SW 1 /4 a distance of 199.66 feet to the POINT of BEGINNING. County of Pueblo, State of Colorado. EXCEPTING parcels deeded to Department of Transportation, State of Colorado, recorded November 16, 1999 at Instrument No. 1308120 and Possession and Use Agreement recorded June 21, 1999 at Instrument No. 1285400. EXCEPTING parcel deeded to Department of Highways recorded in Book 1589 at Page 13, Instrument No. 321323. Said Parcel contains 1.18 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 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 1 111111 11111 111111111111111111111111111111111111111111 1389315 06/26/2001 08:04A ORD Chris C. Munoz 2 of 3 R 15.00 D 0.00 Pueblo CRy Clerk 8 R:: 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 enforcement 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 requirements 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. r 4 .. INTRODUCED: May 14, 2001 BY: Rich Go enda UN PERSON APPROVED: /Y'4-�� AP4IJENMF CITY COUNCIL ATTESTED BY: Y CLERK PASSED AND APPROVED: May 29, 2001