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HomeMy WebLinkAbout06860ORDINANCE NO. 6860 AN ORDINANCE APPROVING THE PLAT OF PRAIRIE AVENUE PLAZA SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The final plat of Prairie Avenue Plaza Subdivision, being a subdivision of land legally described as: A certain parcel of land in the East one -half of Section 10, Township 21 South, Range 65 West of the Sixth P.M., more particularly described as follows: Beginning at a point on the West line of Prairie Avenue, said point being 1221 feet due South (assumed along the West line of Prairie Avenue for the purposes of this description) of the South property line of Northern Avenue extended Westerly; thence N89 0 58'05" W, (due West deed) a distance of 549.53 feet (550.00 feet deed); thence N00 0 01'02 "E (due North deed), a distance of 530.00 feet, to the South line of Wedgewood Drive; thence S89 0 59'21 "E, (due East deed), along the said South line of Wedgewood Drive a distance of 399.37 feet (400.00 feet deed); thence due South a distance of 150.00; thence S89 °'59'21 "E (due East deed), a distance of 150.00 feet to the West line of Prairie Avenue, a distance of 380.20 feet (380.00 feet deed), to the point of beginning, Containing 6.170 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 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, (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 Pueblo Municipal Code, 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 July 8 2002 BY AI Gurule Councilperson APPROVED: resident of City Council ATTEST: City Ckb PASSED AND APPROVED: July 22. 2002