HomeMy WebLinkAbout06739ORDINANCE NO. 6739
AN ORDINANCE APPROVING THE PLAT OF K -MART
CENTER SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
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The final plat of K -Mart Center, being a subdivision of land legally described as:
A certain parcel of land, located in the Southeast 1 /4 of Section 13, Township 20 South,
Range 65 West of the 6 th P.M., more particularly described as follows: Beginning at the
Northwest corner of the SW 1 /4 of the SE 1 /4 of said Section 13; Thence S 00° 31' 20" E along the
North -South centerline of said Section 13, a distance of 374.80'; Thence N 89° 28' 40" E, a
distance of 607.99' to a point on the West line of Elizabeth Street; Thence N 00° 31' 40" W
along the West line of Elizabeth Street, a distance of 653.10', to a point on the Southerly right -
of -way line of U.S. Highway No. 50; Thence N 41° 53' 20" W, along said right -of -way, a
distance of 301.00'; Thence N 83° 08' 20 ", W, along the said right -of -way, a distance of 412.00'
to a point on the North -South centerline of said Section 13; Thence S 00° 31' 20" E, along the
said North -South centerline a distance of 557.30', to the point of beginning, County of Pueblo,
State of Colorado,
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.
CFC'TTCIN
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
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.
0 %F('T1()NT 2
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.
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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.
INTRODUCED: September 24, 2001
BY Rich Golenda
CO C PE N
r
APPROVED:
PR I ENT O Y COUNCIL
ATTESTED BY:
ITY CLERK
F!. APPROVED: October • 200