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HomeMy WebLinkAbout07026Receptionn 1538297 11/24/2003 ORDINANCE NO. 7026 AN ORDINANCE APPROVING THE PLAT OF WESTGATE ON THE BOULEVARD SUBDIVISION, FILING NO. 1 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Westgate on the Boulevard Subdivision, Filing No. 1, being a subdivision of land legally described as: All of Blocks 6, 7 and 8 and portions of the vacated alleys, vacated 21s' Street and vacated Lowell Avenue adjacent thereto in Chamberlin's Subdivision, according to the recorded plat thereof, filed for record August 8, 1887, EXCEPTING HEREFROM that portion dedicated as Perry Avenue on the Right - of -Way and Drainage Easement Dedication recorded at Reception No. 1363725 in the Pueblo County records and all being more particularly as follows: Considering the North line of the NW % of Section 27, Township 20 South, Range 65 West of the 6"' P.M. to bear N. 88 0 12'52" E. and all bearings contained herein being relative thereto. Beginning at the Northwest comer of said Section 27; thence N. 88 0 12'52" E., along said North line of the NW 1 /4, a distance of 528.19 feet to the North line of said Block 7; thence N. 89 0 30'04" E., along the North lines extended of said Blocks 7 and 8 to the West right -of -way line of said Perry Avenue; a distance of 864.53 feet; thence Southerly, along said West right -of -way line the following five (5) courses: 1. S.00 0 29'56" E., a distance of 20.00 feet; 2. along the arc of a curve to the left whose radius is 230 feet, a distance of 90.54 feet; 3. S. 23 °03'11" E., a distance of 89.42 feet; 4. along the arc of a curve to the right whose radius is 170 feet, a distance of 66.92 feet; 5. S.00 0 29'56" E., a distance of 44.00 feet; thence S. 89 0 30'04" W., a distance of 1454.51 feet to the West line of the said NW % of Section 27; thence N. 01 °05'16" W., along said West line, a distance of 288.15 feet to the Point of Beginning. Containing 9.743 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 Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. 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 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 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: July 14, 2003 BY: Al Gurule COUNCILPE N f � " F APPROVED: As a PRES DENT OF CITY COUNCIL A .8 ` ' 1 Y CLERK PASSED AND APPROVED: July 28, 2003