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
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i 1 A t �'
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d� $ BY,// -' l/� emu'
�'.;.�t-J .1 C 1-..k
c P esident'of he City Council
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. 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
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• Wr • J <T i
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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
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BOOK 2226
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`� 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 , -(?
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.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)
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