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HomeMy WebLinkAbout8226RESOLUTION NO. 8226 A RESOLUTION APPROVING A JOINT USE AGREEMENT BETWEEN THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION, AND PUEBLO, A MUNICIPAL CORPORATION, FOR A PORTION OF HIGHWAY RIGHT -OF -WAY THAT IS CURRENTLY DEVELOPED AS PART OF J.J. RAIGOZA PARK AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, THAT: SECTION 1 The Agreement dated September 22, 1997, between the State of Colorado Department of Transportation, and Pueblo, a municipal corporation, a copy of which is attached hereto, relating to a portion of highway right -of -way that has been developed and is currently a part of J.J. Raigoza Park, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute the agreement in the name of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2 This resolution shall become effective upon final passage. INTRODUCED September 22, 1997 BY Al t;,lnll P Councilperson APPROVED: President of C ncil ATTEST: =,TFA - I WGRUN .r AGREEMENT FOR JOINT USE OF HIGHWAY RIGHT OF WAY THIS AGREEMENT, made this 22 day of Sept. , 1997, by and between the STATE OF COLORADO for the use and benefit of the DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "State" or "CDOT ", and THE CITY OF PUEBLO, STATE OF COLORADO whose address is 1 City Hall Place, Pueblo, CO 81002 hereinafter referred to as "The City" or "Pueblo ", WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State is the Owner of certain real property described as parcels 7A and 7B of Project FI 002 - 3(12), as described on Exhibit A, which is attached hereto and incorporated hereto and is hereinafter referred to as the "State Property ", which is part of the right of way for State Highway 25 ( "the Highway ") in the City of Pueblo, and WHEREAS, Pueblo is in possession of the State Property which has been developed as part of J.J. Raigoza Park (the "Park "), and which has been used by the City for more than twenty years under the provisions of a lease agreement, which has expired by its terms; and WHEREAS, subject to the concurrence of the Federal Highway Administration, ( "FHWA "), Pueblo wishes to jointly use a portion of the Highway right of way, to continue to allow the City to use the State Property for park purposes as described in this agreement; and WHEREAS, Pueblo recognizes that CDOT and Federal Highway Administration (FHWA) retain the superior right to use all of the right of way for state highway purposes, and Pueblo agrees to relinquish the use of the State Property, or any portion thereof, within 60 days after receipt of written notice from CDOT specifying such portion of the State Property, should the need arise; and WHEREAS, pursuant to the conditions outlined herein, Pueblo desires to maintain the current park facilities on the State Property; and WHEREAS, the State and Pueblo desire to agree upon certain responsibilities of each party with regard to the joint use of the State Property; and WHEREAS, this contract is executed by the State under authority of Section 43 -1 -106 and 43 -2 -144, C.R.S. and by Pueblo under its specific municipal authority as evidenced by a City resolution or ordinance, a copy of which is attached as Exhibit "B ". NOW, THEREFORE, it is hereby agreed: 1 1. Exhibits "A ", and "B" are incorporated herein by this reference. To the extent there is any conflict between this Agreement and the exhibits, the terms of this Agreement shall prevail. 2. The State will permit Pueblo to use the State Property as specifically described in Exhibit A. Such use shall be limited to park and associated landscaping, only. Such use shall be subject to the conditions of this Agreement. 3. Maintenance of the Park facilities on the State Property will be the sole legal and financial responsibility of Pueblo. 4. Pueblo shall allow no direct access from Interstate 25 to the Park area, or either itself, or the general public. 5. As to the State, Pueblo shall be solely responsible and liable for any and all claims, damages, liability and court awards including costs, expenses and attorney fees incurred as a result of the maintenance of the Park facilities on the State Property. As to the State, Pueblo shall be similarly responsible and liable for any and all claims, damages, liability and court awards including costs, expenses and attorney fees incurred as a result of any claim in tort or equity occurring on the State property. The intent of this paragraph is to relieve the State from any obligation or liability for Pueblo's acts or omissions and not to impose on Pueblo any obligation or liability not otherwise imposed by law. 6. Pueblo shall provide the State with design and construction plans for any future changes to the proposed Park facilities, for review by the State and FHWA prior to the start of any alteration within, or use of, the State Property. Pueblo shall be solely responsible for the accuracy and completeness of the plans, notwithstanding their review by CDOT. Pueblo shall not proceed with new construction on the State Property, or with any use of the license granted herein in any way, without prior written approval, of the plans from the State and FHWA, which approval shall not be unreasonably withheld. The purpose of this approval is solely to ensure compliance with appropriate state and federal standards. Pueblo agrees that such approval shall not operate to transfer any liability or responsibility thereby, for the Park facilities, to the State or FHWA. 7. Pueblo's permitted use of the State Property shall, at all times, be subordinate to and subject to any and all interstate roadway operations, maintenance, future construction activities, and highway purposes whatsoever. 8. Pueblo agrees to vacate, at its sole expense and at no cost to CDOT, the State Property if CDOT determines, in its sole discretion reasonably exercised, that it needs 2 to use that portion or any portion of the State Property for any State highway purpose including, without limitation, to facilitate widening of the interstate roadway and associated facilities and /or the construction of an additional lane on the outside of the existing interstate roadway. Pueblo shall complete such vacation within 60 days of receipt of notice thereof from the State. 9. Pueblo agrees to pay any and all costs associated with its use of the State Property and to keep the Park free of trash, rubbish, and other debris. 10. To the extent authorized by law, Pueblo shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses and attorney fees incurred as a result of any act or omission by Pueblo, or its employees, agents, subcontractors, or assignees taken or omitted pursuant to the terms of this Agreement with respect to the State Property. Nothing in this Agreement shall be construed as a waiver by the State or the City of the provisions and protections of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq., C.R.S., as now enacted or hereafter amended. 11. Pueblo agrees that this proposed joint use is a license limited in scope, use, and time. The license is granted solely as a courtesy to Pueblo and it vests absolutely no property interest or right of any nature in Pueblo to the State Property described in Exhibit'A'. As a result, Pueblo agrees that the joint use agreement is revocable at no expense to CDOT with respect to that portion of the State Property CDOT, in its sole discretion reasonably exercised, determines is required for any state highway purpose. 12. Pueblo shall keep the State informed, in writing, of the current names, addresses and phone numbers of its personnel who can be contacted by the State in case of emergency. This information shall be provided to CDOT's Highway Maintenance Superintendent: 13. Subject to the above conditions, this Agreement may continue for ninety -nine (99) years. 14. This contract shall inure to the benefit of and be binding upon the parties, their successors and assigns. 15. Each party represents and warrants that it has taken all actions that are necessary or required by applicable law, to properly authorize the undersigned signatory to lawfully execute this Agreement on behalf of such party and to bind the party to its terms. IN WITNESS WHEREOF, the parties hereto have caused the foregoing contract to be executed the day and year first above written. STATE OF COLORADO DEPARTMENT OF TRANSPORTATION OUG S W. BENNETT Chief Clerk for Right of Way B t MES E. SIEBE S ief Engineer for Engineering, Design and Construction CITY OF PUEBLO, COLORADO A MUNICIPAL CORPORATION ATTEST By ��t I Title Ci tv C1 erk Titl L, e• 'President of Cou ncil EXHIBIT "A" PROJECT NUMBER: FI 002 -3(12) PARCEL NUMBERS: 7A AND 7B A tract or parcel of land, No. 711 of Grantee's Project No. F! 002 -3(12) containing 0.113 acres, more or Tess, in the r: +;,. of the Sao of Sec. 13, T. ?.l S., A. 65 W., of the Sixth Y, %_,, in Pueblo County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point in the S. right of way line of 1z rvland Avenue whence the Evi corner of the Sisk of Sec. 13 bears N. 7° 19' W. a distance of 50.2 feet: 1. Thence S. 59° 32' 30" E. a distance of 122.1 feet to the existing westerly right of way line of S.H. No. 1; 2. Thence along the existing westerly right of way of S.H. No. 1 along the arc of a curve to the left a distance 80.6 feet, - the radius of which arc has a length of 1810.0 feet and the chord of. which arc bears N . 34° 27' E. a distance of 80.5 f °et to the S. ri ht of bray line of _ Avenue; 3. Thence along the S. right of fray line of Yaryland Avenue, S 88 17' W. a distance of 150.9 feet to the point of beginning. $ha above described parcel contains 0.113 acres, more or less. A tract or parcel of land, No. 73 of Grantee's Project No. F! 002 - 3(12) containing .2? acres, more or less, in t1h i. + of the SL4 of Sec. 13, T. 2.1 S., 'i. 65 of the Si: -;th P.L., in Pueblo County, Colorado, said tract or parcel being more particularly described as folio :rs : Beginning at a point from which the SL corner of Block 33, Idnnequa Heights r_ddition bears W. i 36 a distance of 248.6 feet; 1. Thenc-_ along the arc of a curve to tho left with a radius of 1 10." feet, a distance of 171.4 feet, said arc being, the existing westerly ri �-ht of wav of S.H. No. 1, the chord of which arc bears N. 38" 07' 30" Z., a distance of 161.3 feet; 2.' Thence N. 59° 32' 30 d. alor, the existine - uht of way of S.H. :o. 1, a distance of 122.1 feet to the intersection of th south lin_� of . _a-yland Ave, and the west line of iioutt Ave. if produced South: 3. T . S. 1 36' along the crest line of Aoutt Ave, if produced south, a distance of 188.6 feet, more or less, to the ;point of beginning. The above described tract contains D.2?9 acres, more or less. � C,e ��- � r j 32 ,*25.3 N ola9NO. COlO r• � 9E. ' \ e _ ^ SE. 1/4 SEC. 13 Pr ePIP INC / \ RIGHT OF W U _z. ^ — — — — _ _ < �. — — — �►�— _ d— � > 5 23' 4' W. — 60'pip� � N F � -srr�o cr.w. AcC.i UNE R.O.M. ti _ 28` P (PL LINE f �' __ P.O.C. STA 3344-268 ��' s 2 3 8 . -x 5 w.- - �• — END PROJ_UI 002_3111 -�. J p 6E6. /� B ROJ F 002'3( ► ) •.: A .� 1 _ 5.23.54' W.' \ r ' Ott �� ✓;3 2` \ Y o CA t o i DAI, FAR 4 NO S �'~� ' e p,\ -_ ^�'_ j�r....� r ' � �'" f ib �.✓ `� � \ ® i 1 r li+ 'v � ° '/• � p$ '' \\ �, ��. ^ °. 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