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HomeMy WebLinkAbout5499 ,/ ' //) \ ± a ► 912,4f . �, JAN 2 19 85 .:. Do 2226 PAGE 60 RESOLUTION NO 5499 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND CF &I STEEL CORPORATION, RE- LATING TO THE USE OF LAKE MINNEQUA FOR STORM DRAINAGE PURPOSES BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that SECTION 1 A certain Agreement, dated October 8, 1984, pertaining to the use of Lake Minnequa for present and future storm drainage purposes, and the convey- ance of certain easements and tract of land, a copy of which is attached hereto and made a part hereof by reference, after having been approved as to form by the City Attorney, by and between the City of Pueblo, a Municipal Corporation, and CF &I Steel Corporation, be and the same is hereby approved SECTION 2 The President of the City Council is hereby authorized to execute said Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same INTRODUCED November 29 ,1984 By MIKE OCCHIATO Councilman AP PROVED ,/� f % residen o Ci Council l ATTEST / /, !� y Clerk man eACE 606 AGREEMENT THIS AGREEMENT is entered into as of the � ,Y day of (20.tae!L) , 1984, between CF &I Steel Corpora- tion, a Colorado corporation (hereinafter called CF &I), and the City of Pueblo, a Municipal corporation (hereinafter called City). W I T N E S S E T H WHEREAS, CF &I is the owner of Lake Minnequa, which receives water from a drainage basin located south and west of Lake Minnequa, shown on Exhibit A attached hereto ( "the Basin "). WHEREAS, there has been an ongoing urban development within the Basin which, under current practices and projections, may contribute to an increased increment of drainage in time and quantity into Lake Minnequa, and WHEREAS, in the past, storms in the Basin have caused few overflow problems at or downstream of Lake Minnequa but as the basin continues to develop the volume of water reaching Lake Minnequa is projected to increase and overflow problems may develop. NOW THEREFORE, in consideration of the respective under- takings of the parties hereto the parties agree as follows A. Use of Lake Minnequa. 1. CF &I grants to the City, subject to the terms, condi- tions and provisions hereinafter set forth, the right to drain or cause to be drained waters from the Basin into Lake Minnequa pursuant to the provisions of this Agreement. R 2226, RE 607 2. City will indemnify and save harmless CF &I from all claims, actions, damages, liabilities or expenses to third parties arising from any bodily injury or death or damage to proPerty resulting from an overflow of Lake Minnequa caused by the increase in water drainage into Lake Minnequa from the past, present or future development and urbanization of land within the Basin, except to the extent caused by CF &I or its employees, agents or contractors, or caused by the actions of third parties not approved or condoned by the City. The City's liability under this paragraph is limited to the amount of its then current contractual general liability insurance coverage, which may never be less than the amount required hereunder. City will procure and hereafter keep in force contractual general liability insurance in a combined single limit for bodily injury, death and property damage of at least $1,000,000 per occurrence and $1,000,000 aggregate Promptly after receipt by CF &I of notice of the commencement of any action in respect of which CF &I may seek indemnity against the City under this paragraph, CF &I will notify City in writing of the commencement thereof, and City may assist in the defense of such action. City will not be liable to indemnify CF &I for any settlement of any such action effected without its consent, which may not be unreasonably withheld. 3. City will require each developer of land within the Basin included within a subdivision hereafter approved and accepted by the City to install necessary water drainage facilities which will temporarily detain the flow of any -2- NEf22213 RAGE increase in water resulting from the development and urbaniza- tion of land within such subdivisions, after giving due con- sideration to the overall effect of the subdivisions in question on the entire Basin. CF &I shall have the right of prior review and approval of the said water drainage facilities, which shall not be unreasonably withheld. 4. City will not construct any water drainage facilities upon or over lands of CF &I without CF &I first approving the location, plans and specifications for such facility, which approval will not unreasonably be withheld City will pay to CF &I an amount equal to the fair market value of CF &I's land used for such purpose and damages, if any, to the residue of CF &I's land. If CF &I and City are unable to agree upon the amount to be paid within 30 days after either party shall in writing request a meeting to determine such amount, either party, for a period of 120 days after the date of the written request, may submit the issue of the amount to be paid to arbitration. Arbitration shall be conducted pursuant to the then current rules of the American Arbitration Association The decision of the Arbitrator shall be final and binding upon CF &I and City and each party shall pay one -half of the Arbi- trator's fees and expenses. City does not by this paragraph waive its rights to acquire land of CF &I by condemnation or exercise of its right of eminent domain. 5 CF &I does not by this Agreement or its acquiescence in any such development and urbanization of land within the Basin waive its position that the City is responsible and liable for -3- BOOK 2226 PAU'. 609 injuries or damages resulting from Lake Minnequa overflow, which position the City denies, nor is CF &I by this Agreement precluded from objecting to any such urbanization or develop- ment. City will notify CF &I in writing of any application filed with the City for any subdivision of land within the Basin or of the City's planned construction of any public improvements which will increase the volume or rate of flow of surface or underground waters into Lake Minnequa B Himes Avenue Easement. 1 CF &I hereby grants to the City an easement and right -of -way for the sole purpose of constructing, maintaining and repairing a drainage ditch on CF &I's property east of Himes Avenue and for the purpose of conveying water therein across CF &I's lands and to Lake Minnequa. The easement herein granted shall be subject to termination by mutual agreement of the parties, by the City or by CF &I in the event the City no longer uses said easement for the purposes herein specified. 2 The easement granted in paragraph 1 above is more particularly described as a strip of land 50 feet in width across Tract C, Lake Minnequa Reservation 2nd Filing, a subdivision of the South 1/2 Section 11 and the North 1/2 Section 14, Township 21 South, Range 65 West, of the 6th Principal Meridian, the center line of said strip being more particularly described as follows. Beginning at a point at the southeast corner of Lot 7, Ormandale Subdivision, thence north along the east line of Lot 7 a distance of 423 feet to the true point of beginning; thence east a distance of 342 feet + to the high water line of Lake Minnequa. -4- 3001* I22 PAE610 3. The City assumes the responsibility for the repair and maintenance of all improvements located on the easement property, and the City assumes the responsibility for, and agrees to indemnify and save harmless CF &I whith respect to, any claims, damages, liability or expenses to third parties incurred or suffered by CF &I as a result of the presence of said ditch. City shall have an additional temporary easement of 100 feet (50 feet on each side of the foregoing center line) at such times and for such periods reasonably necessary to effect repairs and maintenance of all improvements located on the easement property 4. If City fences the easement, City shall provide a crossing through the fenced area of the easement at a location and of design mutually agreed to by City and CF &I, which crossing will be twenty (20) feet wide and follow the contours of the drainage ditch 5. 1,F &I reserves the right at any time in the future and to the extent reasonably necessitated by CF &I's operation, to require City to relocate the ditch to a new route which will permit. tree and unobstructed gravity flow of drainage water to Lake Minnequa In the event of such relocation CF &I and City will adjust the easement to the new route. 6 City assumes the responsibility for, and agrees to indemnify and save harmless CF &I with respect to, any claims, liability, damage or expenses to third parties incurred or suffered by CF &I as a result of this easement. -5- bOOK 2226 PAGE 611 C. Transfer of Land. 1. CF &I will sell, transfer and assign to City marketable title to the property described in the Special Warranty Deed attached hereto as Exhibit B, free ot all taxes, liens and encumbrances but subject to taxes for the year 1984 which will be prorated to date of transfer, and restrictions, reservations, rights of way and conditions of record. 2. CF &I will upon receipt of the consideration described in Section D hereof execute and deliver to City the Special Warranty Deed attached hereto as Exhibit B. D. Consideration. In consideration of (1) the continuous right to drain or cause to be drained water from the Basin into Lake Minnequa granted to City under Section A hereof, (2) the easement granted to City by CF &I under Section B hereof, (3) the transfer of land described in Section C hereof, and (4) the agreement ot CF &I to use its best efforts through the operation of its subsurface drain system for Lake Minnequa to maintain during the months of May through August of each year the water surface elevation in Lake Minnequa six - tenths (b /10's) of one foot below the overflow elevation of 4811 4 feet, City, upon execution and delivery of this Agreement, will pay to CF &I the sum of $130,590.00 -6- BOOR 2226 PAGE 612 The parties have executed this Agreement by their appropriate officers as ot the day and year first above written. AT,TES:1'4 CF&I STEEL CORPORATION � : By \ t +r • Pr i -, n �: S "ecretary ' ATTEST: , CITY OF PUEBLO, A Municipal Corporation b � } F i 1 A t �' J l d� $ BY,// -' l/� emu' �'.;.�t-J .1 C 1-..k c P esident'of he City Council r . P,-PPROV"ED ' 1 S TO FORM: Cit At`t rn r STATE OF COLORADO ) COUNTY OF PUEBLO ) ss. The pregoing irotcullient was acknowledged before me this day ot (',1 -/ e/L , 1984 by F J Yaklich, Jr., 0 4 0tident, and A. R Cooter, as Assistant Secretary, of CF&I `, -.Mee• 'Optporation, a Colorado Corporation • t . OTAditness_ my! hand and official seal. W 4 �- , B M .�cou nission expires )0� �7�8"9 � r,� • Wr • J <T i - :- • AL- .• ,, Notary blic y�,, CD ?Job -z. STATE OF COLORADO ) COUNTY OF PUEBLO ) ss. The foregoing i►strume t was acknowledged before me this day of j %_,., / , 1984 by Michael Salardino, as President of the Pueblo City Council, and Marian D Mead, as Ci;by »° +Clerk of the City ot Pueblo, a Municipal corporation. ` ;' " ti Witness my hand and official seal. ± 4 cry My o expires ) /2) / / f`nS.E1Cb `" Notary Public 1420A w '.038A/41A -7- h / t o- BOOK 2226 • / /-. / ;, (.- � v ,/; r J� 1 �_ / . r. '� - J OTV / � ` 1 s al L � :'��'� �`"' I 7;r. , r ti , � ,�� � ' �/ . 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(vb � ,, G.r �.6.�A ',•\\., / `� 61`��36 a�caad� /a 3711 (Y1 JAN 2 199 �ao� PArE► _ 4 PUEBLO COUNTY COLORADO SPECIAL WARRANTY DEED THIS DEED, made this g' day of (�'-,..,,- , 1984, between CF &I Steel Corporation, a Colorado corporation, Canal Street and Abriendo Avenue, Pueblo, Colorado, of the County of Pueblo and State of Colorado, of the first part, and Pueblo, a Municipal corporation, 1 City Hall Place, Pueblo, Colorado, of the County of Pueblo and State of Colorado, of the second part; WITNESSETH, That the said party of the first part, for and in consideration of the sum of One Dollar and other good and valuable consideration, to the said party of the first part, in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said party of the second part, its successors and assigns forever, all the following described land, situate, lying and being in the SW 1/4 of Section 13, Township 21 South, Range 65 West of the 6th P M , County of Pueblo and State of Colorado, described as follows Commencing at the W 1/4 corner of said Section 13; Thence North 89 ° 31' East, a distance of 88 feet; Thence South 00 °29' East along the East line of Lake Avenue and the East line of Lake Avenue extended, a distance of 503 46 feet to point of beginning; Thence North 89 °31' East, a distance of 1980 15 feet to the East R 0 W line of Pine Street; Thence South 00 °29' East, along said East R 0 W line of Pine Street $00K 2226 PAGE 61 extended South, a distance of 50 feet; Thence South 89 °31' West, a distance of 1980 15 feet to the East R.0 W line of Lake Avenue; Thence North 00 West along said R O.W. line of Lake Avenue, a distance of 50 feet to the point of beginning. Said tract contains 2 27 Acres more or less. Party of the first part reserves all mineral rights in and to the land and an easement under and through the land for the construction and maintenance of a thirty (30) inch industrial water line along an alignment mutually agreed to by the party of the first part and the party of the second part Party of the first part shall repair, restore and replace the surface of the land and improvements thereon damaged, displaced or disrupted by the industrial water line or the construction or maintenance thereof NO DOCUMENTARY FEE - EXEMPT Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, except mineral rights, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, its successors and assigns forever And the said party of the first part, for itself and its successors and assigns does covenant, grant, bargain and agree Bo0K 2226 PAGE 616 to and with the said party of the second part, its successors and assigns, the above bargained premises in the quiet and peaceable possession of said party of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the said party of the first part to WARRANT AND FOREVER DEFEND IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written CF &I STEEL CORPORATION S Fr.414 , I 0 / `:24,,TTEST �Y BY �.�. A ssistant Secretary Pres STATE OF COLORADO ) ss COUNTY OF PUEBLO The foregoing instrument w4s acknowledged before me in Pueblo County, Colorado this S? day of 1984, by F J Yaklich, Jr , as President, and A R Cooter, as Assistant Secretary of CF &I Steel Corporation Witness my hand and official seal 147l,e,ommission expires , -(? `7 .S+ all /� 11 /I LPAh'�� UJ,� � -447/4) A Notar Public, X, 0, i It-elk) ! J C fi c ) G 02 4038A w /1420A/41A sou 2226 PAGE 617 I, Marian D Mead, City Clerk of the City of Pueblo, Colorado, do hereby certify that the attached is a true and correct copy of Resolution No 5499, adopted by the Council of Pueblo on November 29, 1984, and that I an entrusted with the safekeeping of the original IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Pueblo, Colorado, this 26th Day of December, 1984 ' �jy(.l1ilL City Clerk (S E A Ii) z r •,