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HomeMy WebLinkAbout06900ORDINANCE NO. 6900 AN ORDINANCE APPROVING THE PLAT OF EDEN COMMERCIAL CENTER SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The final plat of Eden Commercial Center Subdivision, being a subdivision of land legally described as: Parcel "A ": A tract of land in the NW /4 NW /4 and NE /4 NW /4 of Section 1, Township 20 South, Range 65 West of the 6th P.M., more particularly described as follows: BEGINNING at the southwest corner of the NW /4 NW /4; thence northerly along west boundary of NW /4 NW /4, 1328 feet, more or less to a point 50 feet south of the northwest corner of the NW /4 NW /4; thence easterly parallel to said north line of NW 14 NW /4, 1585 feet, more or less to a point on westerly right of way line Highway 58 -87th southwesterly along said right of way at angle of 104 °25' right from last corner if extended easterly 513.60 feet; thence westerly to south line of NW /4 NW /4 719.37 feet; thence southerly at angle of 90° left 784.62 feet to a point on south line of NW /4 NW /4; thence westerly along southerly line of NW /4 NW /4 855.34 feet to the POINT OF BEGINNING. Parcel "B ": A tract of land in the NW /4 NW /4 of Section 1, Township 20 South, Range 65 West of the 6` P.M., more particularly described as follows: BEGINNING at a point on the south line of NW /4 NW /4, said point being 855.34 feet east of the southwest corner; thence northerly right angle with said south line of NW /4 NW /4 784.62 feet; thence easterly parallel with the south line of NW /4 NW /4 719.32 feet to a point on the westerly right of way line of Highway 85 -87; thence southwesterly along said right of way line 105 °46' right from last course if extended 341.30 feet; thence parallel southerly angle 16 °20' left and along said right of way 158.7 feet; thence westerly parallel to south line of said NW /4 NW /4 237.20 feet; thence southerly angle 88 °16'30" left 297.60 feet to a point on south line of NW /4 NW /4; thence westerly along said south line 382.04 feet to the POINT OF BEGINNING. All in the County of Pueblo, State of Colorado. Said parcel contains 41.81 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. This subdivision is approved upon the condition that the following items be included as part of the subdivision: a) A raised median be designed and constructed along Platteville Boulevard between a point 200 feet west of Elizabeth Street and the off -ramp of 1 -25 and along Elizabeth Street approximately 400 feet north and south of the intersection with Platteville Boulevard. b) Median cuts be designed and constructed along Platteville Boulevard allowing three - quarter movements at those points where the geometrics will accommodate standard storage and turning lengths. c) A traffic signal and striping layout including the following: double left turn and right turn lanes at the intersection of Elizabeth Street and Platteville Boulevard, double left westbound to southbound, double left southbound to westbound, exclusive right turn lane each direction, and right turn acceleration lane northbound to eastbound. d) Provision made within the Subdivision Improvement Agreement requiring the developer to escrow 80% of the cost of the traffic signal at Elizabeth Street and Platteville Boulevard. e) A landscape plan which includes the landscaping of the right -of -way per City Code and a sidewalk layout with the sidewalk being detached a minimum of 8 feet from curb head 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. SECTION 5 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. INTRODUCED October 15, 2002 BY All Gurule Councilperson APPROVED: resident of City Council ATTEST: City C PASSED AND APPROVED: October 28. 2002 ni Ah O Bureau of Public Works — Engineering Division MEMORANDUM TO: Gina Dutcher, City Clerk Subdivision Folder FROM: Joe Martellaro, Associate Engineer IDIA SUBJECT: Ordinance No. 6900 Eden Commercial Center DATE: October 21, 2004 This memo is to notify you that the above - mentioned ordinance has expired and was automatically rescinded according to Section 5 of said ordinance.