HomeMy WebLinkAbout06899Reception 1494728
04/09/2003
ORDINANCE NO. 6899
AN ORDINANCE APPROVING THE PLAT OF SETTLERS
VILLAGE, 2 " FILING SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Settlers Village, 2 nd Filing Subdivision, being a subdivision of
land legally described as:
A parcel of land in the NE' /4 of the NW 1 /4, the SE 1/4 of the NW % and the NW' /4 of the
NE % of Section 22, Township 21 South, Range 65 West of the 6 th P.M. in the County of
Pueblo, State of Colorado and being more particularly described as follows:
Considering the North line of said Section 22, Township 21 South, Range 65 West of
the 6 th P.M. to be or N. 89 0 40'00" E. and all bearings contained herein being relative
thereto.
Beginning at the Southeast corner of Lot 1, Block 5 in Settlers Village, Filing No. 1,
according to the recorded plat thereof, filed for record September 12, 2000; thence S.
10 0 41'24" W, a distance of 254.46 feet; thence along the arc of a curve to the right
whose radius is 540 feet, a distance of 558.89 feet; thence S. 69 0 59'24" W., a distance
of 479.71 feet to the West right -of -way line extended of Hollywood Drive, as platted in
said Settlers Village, Filing No. 1; thence N. 20 °00'36" W., along said West right -of -way
line extended, a distance of 280.00 feet to the South subdivision boundary line of said
Filing No. 1; thence Easterly along said South subdivision boundary line the following
nine (9) courses:
1. N. 69 0 59'24" E., a distance of 390.68 feet;
2. N. 20 0 00'36" W., a distance of 252.60 feet;
3. N. 05 0 41'58" E., a distance of 143.76 feet;
4. N. 71 0 17'08" E., a distance of 168.84 feet;
5. N. 80 0 27'30" E., a distance of 124.36 feet;
6. S. 86 °06'01" E., a distance of 56.90 feet;
7. S. 79 0 18'36" E., a distance of 195.00 feet;
8. N. 10 0 41'24" E., a distance of 30.43 feet;
9. S. 79 0 18'36" E., a distance of 110.00 feet to the Point of Beginning.
Containing 10.014 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.
This subdivision is approved upon the following condition and modifications:
1. Condition per Section 12 -4 -7 (e) (4).
The subdivider will deposit with the City a cash deposit equal to the cash
payment made in -lieu of land dedication, which will be held in escrow until land for park
and recreation purposes is dedicated within the Southpoint Master Plan.
2. Modifications per Section 12 -4 -10.
a. Non - radial lot lines to maintain the feasible lot pattern.
b. 10 foot sideyard drainage easements (in lieu of 20' drainage easement).
c. 30 foot wide street with detached walk (in lieu of 36 foot wide street with
attached sidewalk) anticipating ordinance changes and to enhance the
neighborhood by providing a landscape area between curb and gutter and
sidewalk.
d. Street crown slope of 3.0% (in lieu of 2.0 %) in order to improve street
efficiency to accommodate storm water runoff.
SECTION 3.
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
Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto.
SECTION 4.
Neither the adoption of this ordinance nor 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 with such modifications, if any, approved by City
Council, have been filed with and approved by the Director of Public Works, and the
condition set forth in Section 2 is met and complied with, 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
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 becomes effective.
41r cot"
INTRODUCED:
BY: Al Gurule
COU CILPERSON
APPROVED: —L- 4 --r°
PRESIDENT OF CITY COUNCIL
October 15, 2002
ATTESToY:9_
TY CLERK