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Home My WebLink About004280 t- .a te � Ct NOV 21 1978 ,Rvezmove OlcAgitei ROGOrdlk RESOLUTION NO 4280 • A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL '• CORPORATION, AND CF &I STEEL CORPORATION RELATING TO THE USE OF THE ARKANSAS VALLEY CONDUIT FOR SURFACE WATER DRAINAGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that SECTION 1 The Agreement dated October 23, 1978, between the City of Pueblo, a Municipal Corporation, and CF &I Steel Corporation relating to the use of the Arkansas Valley Conduit for surface water drainage is hereby approved SECTION 2 The President of the City Council is hereby authorized and directed to execute said Agreement for and on behalf of the City of Pueblo and the City Clerk is directed to attest same and affix the seal of the City thereto INTRODUCED October 23 , 19 8 By MIKE OCCHIATO Councilman APPROVED President of the Counci ATTEST Cit Clerk I, Lucy J Costa, City Clerk of the City of Pueblo, Colorado, do hereby certify that the above is a true and correct copy of Resolution No 4280, adopted by the Council of Pueblo on October 23, 1978, and that I am entrusted with the safekeeping of the original IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Se.alc04 City of Pueblo, Colorado, this 20th day of November, 1978. • °`` Cij' Clerk 5 A`L) } A G R E E M E N T THIS AGREEMENT, made and entered into the 23rd day of October, 1978, by and between THE CITY OF PUEBLO, a Municipal Corporation, State of Colorado, hereinafter called "City ", and CF &I STEEL CORPORATION, a Colorado corporation, hereinafter called "CF &I ", W I T N E S S E T H WHEREAS, CF &I is the owner of a ditch known as the Arkansas Valley Conduit which runs through the City of Pueblo; that said ditch (hereinafter called the AVC) was used for many years by CF &I as the sole means of conveyance of decreed water rights from the Arkansas River to its Pueblo Plant but is not now being so used; and that prior to the development of land located west of the AVC, the AVC received, up to its capacity, the natural surface water run -off from adjacent lands, transporting such water along a generally southeasterly course; and, WHEREAS, urbanization of lands within the City has and will alter the surface of land located west of the AVC, which has and will result in changing the course of the historic surface water run -off and concentrating the flow thereof into the AVC; and, WHEREAS, it is the desire of the City to utilize the AVC as a conveying facility to dispose of said surface water run -off from land within the City and west of the AVC, and to this end City has and will require subdividers and developers of such lands to design certain drainage structures, surface water retaining basins and like facilities to provide for the control and removal of the augmented surface water run -off, such facilities to be shown and dedicated on the development plans or plat of any subdivisions of the land west of the AVC approved by the City, and WHEREAS, it is the desire of the parties to define their respective rights, duties and obligations in the premises, NOW THEREFORE, in consideration of the mutual promises herein contained, it is understood and agreed as follows 4 B O OK �, a � :, PbGE "4 1. CF &I has retained possession of the AVC right -of -way extending from the situs of the Pueblo Reservoir to the reservoi s owned by CF &I south of the City of Pueblo and an agreement has b-en entered into between CF &I and the United States Bureau of Reclam tion providing CF &I with access to Pueblo Reservoir in order that wat r may be pumped from said Reservoir to the AVC and such water thereafter transported via the AVC to the CF &I reservoirs south of the City of Pueblo and /or to Lake Minnequa, as future operations may require. Therefore, all provisions of this agreement are subjec to the first and paramount right of CF &I to flow a minimum of 70 cubic feet of water per second through and along the AVC at such times and in such quantities as CF &I, in its sole discretion, shall determine 2. CF &I hereby grants unto the City, subject to the provisions of Paragraph 1 above, a non - exclusive easement and li•ense to use the AVC as a conveying facility to receive, conduct and carry off the flowage of surface water run -off draining into the AVC from land located within City and west of the AVC and includ d in subdivisions and developments approved or to be approved b p pp pp rov d e by City; provided, however, that the volume per second feet of said flowage shall not exceed the volume per second feet of flowage which has historically reached the AVC from said lands prior to their subdivision and development 3. CF &I hereby grants and conveys to City, its agents, successors and assigns, an easement and license to construct, operate and maintain in the AVC, drainage structures to be constructed at locations to be approved by CF &I; together with the right of ingress and egress in, over and across the said AVC for the purpose of construction, operation, maintenance and repair of said drainage structures located on the AVC right -of -way, along with the right to use such reasonable and additional and adjacent land as may be required during the period of initial construction; provided that: (a) CF &I shall, before construction commences, approve . the location and design of those structures to be placed upon the AVC right -of -way, which approval shall not be arbitrarily or unreasonably withheld. -2- BOOK,+ u li t riAtiE si (b) Construction shall be diligently pursued to completion and all existing fences shall during construction be maintained and kept in repair to the extent necessary to prevent unauthorized trespassing on CF &I property. After completion of construction said fences shall be replaced in the same condition as existed before construction 4. City will assume the sole responsibility for the repair, upkeep and maintenance of the drainage structures installed in the AVC by or through City, and the City further expressly agrees to hold harmless, indemnify and protect CF &I from any claims, demands, liabilities or suits for personal injuries, property damage, or loss of life or property, arising out of, or in any way connected with the condition of said drainage structures, or the use of the AVC under the within grant of license and easement from CF &I to City as a conveying facility to dispose of surface water run -off in excess of historic flow draining into the AVC from subdivisions and developments approved by the City of Pueblo of land west of the AVC The intent and purpose of this paragraph is to indemnify, protect, and save harmless CF &I from all claims for injury or damage caused by an overflow of the AVC resulting from or arising out of either (a) the City's failure to maintain and rep it the drainage structures installed in the AVC by or through the City, or (b) the flow of surface water in excess of historic flow into the AVC from subdivisions and developments of land west of the AVC approved by the City. Provided, however, that nothing contained in this Agreement shall prohibit or limit the City, without, however, releasing City from any obligation imposed upon it by this Agre ent, to transfer its obligations hereunder to subdividers or develope s of land west of the AVC or to require such subdividers or develo ers to assume all or part of the City's liability hereunder 5 CF &I will assume all responsibility for installation, repair and maintenance of the right -of -way fences along and on each side of the AVC right -of -way which runs through the City. 4 -3- t ' BOOK l.: 6 CF &I will be responsible for maintenance, repair and cleaning of the AVC, except drainage structures installed in the AVC by or through City which shall be the sole responsibility of City 7 CF &I does hereby approve the design and location of two drainage structures to be installed by Southwest Service Corporation in the AVC adjacent to parcels A and B of Block 2 of El Camino Subdivision, First Filing and City agrees to accept both of said drainage structures after construction and installation thereof has been completed in accordance with approved designs therefor. 8 This Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. EXECUTED at Pueblo, Colorado, the day and year first above written CITY OF PUEBLO, At ' ` '° ' A Municipal Corporation w * A } S _,�OT""' Y'1 - 71� ATT�S� ,�'. � � By � 049"R President of the Council ty CF &I STEEL CORPORATION /14)62.0 By i a "Se'ctei -°ai y APPROVED AS TO FORM ( City Atto n -4-