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HomeMy WebLinkAbout003301Reception 472352 05/21/1974 RESOLUTION NO. 3301 RESOLUTION APPROVING CERTAIN AGREEMENT BETWEEN THE COLORADO & WYOMING LAND COMPANY AND PUEBLO, A MUNICIPAL CORPORATION RELATING TO. SANITARY SEWER AND SURFACE WATER RETENTION PONDS FOR MINNEQUA INDUSTRIAL PARK AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that SECTION 1 The Agreements between The Colorado & Wyoming Land Company and Pueblo, A Municipal Corporation dated September 7, 1973, copies . of which are attached hereto, relating to Sanitary sewer and surface water retention ponds for Minnequa Industrial Park, having been approved as to form by the City Attorney, are hereby approved SECTION 2 The President of the City Council is hereby authorized and empowered to execute said Agreements for and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same INTRODUCED April 8 , 1974 By PAT KELLY Councilman t APPROVED: r � ATTE S t ))/( President of the Council ' _ , Cit�'y C1e"rk I ` V Reception 472353 05/21/1974 AGREEMENT THE PARTIES to this agreement are THE COLORADO & WYOMING LAND COMPA.NY, a Colorado Corporation, hereinafter referred to as "C &W" and THE CITY OF PUEBLO, a Colorado Municipal Corporation, hereinafter referred to as "CITY ". WHEREAS, C &W is developing a subdivision known as Minnequa Indus- trial Park and will be constructing a surface drainage collection system and " retention pond to service said subdivision,. and WHEREAS, the parties wish to provide for the construction, fencing, ''• Fa maintenance and landscaping of the retention pond, NOW THEREFORE, the parties do hereby mutually agree as follows 1 C &W agrees to construct the retention pond in accordance with its plans and specifications as now approved by the Department of Public Works of the City, and to install fencing and landscaping in accordance with City recommendations provided the costs of said landscaping shall not exceed $3, 000 00 2 City hereby grants C &W the right to construct the above - described facilities upon the property described in a grant of Easement to the City by C &W of even date herewith. 3 City agrees that upon completion of construction, fencing and land- scaping of said facility, it will assume the maintenance thereof 4 C &W hereby agrees that upon a determination of necessity made in accordance with the provisions of Paragraphs 6 or 7 hereof and if such deter- mination is made within five years from the date of construction of said retention pond to cause the installation of such additional facilities as are agreed upon under the provisions of said Paragraphs 6 or 7 C &W shall in- demnify and hold City harmless from any and all damages, loss, claim or expenses it may suffer from causes attributable to defective design and con- struction of the retention pond during said five year period 5 City agrees to grant appropriate permits and rights -of -wa • ver and upon public streets, �f it �� the City`'! any future installations herein provided for without charge to C &W 800K 1782 PACE 466 6 The parties agree that should the City, for reasons of public health or safety, make a determination of necessity that the retention pond must drain at a more rapid rate in order to dispose of surface drainage at any time within five years after construction thereof, then City shall so notify C &W in writing, setting forth the reasons for such determination C &W agrees that it will forth- with undertake corrective action necessary to cure deficiencies after approval of C &W's proposed corrective action by the Director of Public Works of City Should C &W dispute the determination of necessity or any recommendations made by the City concerning the proposed corrective action, and such dispute shall not be resolved by negotiation between the parties within 60 days of the notice of determination of necessity, then, and in that event, the matter shall be submitted to arbitration in accordance with provisions of Paragraph 7 7 The parties hereby agree to submit all disputes and matters of dif- ference arising out of or relating to the provision of Paragraph 6 of this agree- ment to arbitration by a three -man board Each party shall select one arbitrator and the two arbitrators so selected shall jointly select a third arbitrator Each arbitrator so selected or chosen shall be a disinterested person having at least ten years experience in a calling connected with the dispute The arbitration shall be conducted in accordance with the then prevailing rules of the American Arbitration Association and, within 60 days after appointment of all three ar- bitrators, they shall render their decision upon the concurrence of at least two of their number This agreement to submit to arbitration, and the decision of the arbitrators shall be binding upon the parties and specifically enforceable in accordance with the Colorado Rules of Civil Procedure 8 This agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which to- gether shall constitute one and the same instrument and shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns 9 This agreement shall be incorporated in and become a part of that certain agreement entered into between the parties hereto j 1973 under Section 12 -4 -7 of the 1971 Code of Ordinances of ty and shall be enforceable in the same manner as if the provisions of this agreement were contained in said agreement of , 1973 -2- B00K 1782 PACE 467 Signed this day of , 1973 A, b •• Q Q THE COLORADO & WYOMING LAND COMPANY o c.� :See ,eefa- e y it 0 CO C OCO President PUEBLO, A MUNICIPAL CORPORATION fl , , F r � By v�► '� / /151 'r � y `'4 �'` President of the Council V T k 4 i • NktOre AS TO FORM City Attor - 3 - Reception 472354 05/21/1974 AGREEMENT THE PARTIES to this agreement are THE COLORADO & WYOMING LAND COMPANY, a Colorado Corporation, hereafter referred to as "C &W" and THE CITY OF PUEBLO, a Colorado Municipal Corporation, hereinafter referred to as "City ". WHEREAS C &W is developing a subdivision known as Minnequa Indus- trial Park and will be installing a private sanitary sewage collection and disposal system, and WHEREAS, portions of said private sanitary sewer will be installed and maintained in streets dedicated to the public, and WHEREAS, the parties wish to provide for the possibility that said system may eventually be connected to the municipal sewer system, NOW THEREFORE, the parties do hereby mutually agree as follows 1 C &W agrees to cause the construction and installation of a sanitary sewage collection and disposal system to service Minnequa Industrial Park in accordance with its plans and specifications now approved by the Department of Public Works of City and to maintain said system in accordance with all applicable law 2 City hereby grants to C &W the right to install, operate and maintain said sewage system as a private facility and to install such facilities as may be reasonably required in public streets and to do all things necessary and appropriate thereto C &W shall immediately repair and correct any damage to said public streets caused by the construction, installation or maintenance of said private sewer system. 3 C &W further agrees to transfer, without consideration, all of its right, title and interest in said system at such time as the system is connected to the municipal sewage system. 4 City agrees that it will inspect and approve all construction and in- stallations of the sewage system upon connection of the private sewage system to the sewage system of the city City will, subject to the provisions of Para - graph 5 hereof, accept t s uch connection c e ction P without ithout requxrmg any modifications thereto BOOK 1782 PAGE 469 5 The parties further agree that the private sewer system may be connected to the municipal sewer system under either of the following condi- tions: A. At the request of City Provided, however that City (1) does not require additional construction to be accomplished by either C &W or other landowners or tenants within Minnequa Industrial Park and, (2) agrees that there will be no charges accruing to either C &W or other landowners or tenants within Minnequa Industrial Park, for such connection or for continuing services unless such charges are for continuing services and are applicable to other users of the City's system in a similar class B. At the request of C &W Provided, however that C &W or other land- owners within Minnequa Industrial Park shall be required to (1) bear the cost of increasing the capacity of the existing municipal sewer pipelines, and (2) insure that physical and chemical properties of effluent from its private sewage system conforms to the regulations of the City, and (3) become subject to all restriction of use and charges imposed upon other users of the City's system. 6 C &W shall, until its private sewer system i4• connected to the City's system, indemnify and save harmless City from all claims, costs, expense and damages it may suffer from causes attributable to the defective design, installation, and maintenance of C &W's private sewer system 7 This agreement shall be incorporated in and become a part of that certain agreement entered into between the parties hereto on 1973 under Section 12 -4 -7 of the 1971 Code of Ordinances ity and shall be enforceable in the same manner as if the provisions of this agreement were contained in said agreement of It. z, , 1973 as executed 8 This agreement ma, b: executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument and shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns Signed this 71" day of ,�-4.., 1973 - 2 - BOOK 1782 PACE 470 ATTEST: ,, , , , 01ig Lig% • 4141° 6 ova wit THE COLORADO & WYOMING LAND COMPANY TSecretary gi e ••*0 By "L%- e ident PUEBLO, A MUNICIPAL CORPORATION By / 'resident of the Council 1 1,16 i f 0 -,M1 • if d # 5 4 10 3 4 , 4e k A PIM ® Vk ' TO FORM: i k 1 * 0 * ) p tt / City Att rne - 3 - Reception 472355 05/21/1974 EASEMENT The COLORADO & WYOMING LAND COMPANY, a Colorado Corporation, for the consideration of One Dollar, in hand paid, hereby grants to THE CITY OF PUEBLO, a Colorado Municipal Corporation, an EASEMENT for so long as the property is used for the purpose of operating and maintaining a drainage retention pond, together with related pipeline or ditches, upon the following real property in THE COUNTY OF PUEBLO and STATE OF COLORADO, to wit That portion of the Southeast Quarter of the Southwest Quarter of Section 13, Township 13, Township 21 South, Range 65 West of the 6th P.M., Pueblo County, Colorado, described as follows Com- mencing at the Southwest corner of said Section 13, thence North 89 ° 10' 11 " East on the South line of Section 13, said bearing and all others in this description being on the Colorado Coordinate System - - Central Zone, a distance of 647 50 feet to the Easterly Right -of -Way line of Interstate Highway No 25, (the following eight courses are on said Easterly Right -of -Way line) thence North 37 East, a distance of 227 80 feet, thence North 51 °15'11" East, a distance of 606 80 feet, thence South 85 ° 31'49" East, a distance of 142 10 feet, thence South 46 °14'49" East, a distance of 200 00 feet, thence North 43 ° 45'11" East, a distance of 200 00 feet to the point of beginning of the tract of land herein described, thence North 46 ° 14'49" West, a distance of 200 00 feet thence North 01 14'49" West, a distance of 155 60 feet, thence North 30 ° 37'11" East, a distance of 506 10 feet, thence leaving said Highway Right -of -Way line, run South 65 ° 32'25" East, a distance of 311 19 feet, thence South 24 0 27'35" West, a dis- tance of 110 00 feet, thence South 65 ° 32'25" East, a distance of 100.00 feet, thence North 24 ° 27'35" East, a distance of 110 00 feet, thence South 65 °32'25" East, a distance of 30 00 feet, thence South 24 °27'35" West, a distance of 752 74 feet, thence North 65 ° 32'25" West, a distance of 74 59 feet, thence on the arc of a curve to the right, which curve has a central angle of 19 °17'36" a radius of 241 23 feet, and an arc distance of 81 23 feet, thence North 46 °14'49" West, tangent to the last mentioned curve, a distance of 90 00 feet to the POINT OF BEGINNING and containing 7. 324 Acres, more or less RESERVING to The Colorado & Wyoming Land Company, its successors and assigns, a right -of -way over the Northeasterly 30 feet of said parcel, a dis- tance of 752 74 feet for the purpose of access to property lying North of the above - described parcel, and also the right to install and maintain a private sewer line in, over, across and upon said parcel, SUBJECT to granted or existing rights -of -way for utilities or roads, and to the following terms and conditions 1. The Colorado & Wyoming Land Company expressly denies any war- ranties whatsoever with respect to the lands herein described, including but not limited to, warranties as to title, encumbrances or possession by others • bOOK 17$2 PAGE 472 T 2 The City of Pueblo, by r its acceptance hereof, agrees that, should the premises described cease to be used for the described purpose of maintaining a drainage retention pond, then and in that event, this Easement shall automatically terminate The Colorado and Wyoming Land Company shall be entitled to the immediate possession of the premises, and that the City of Pueblo shall deliver said premises free of any charges, encumbrances or claims for the cost of the improvements Signed this 7 11- day of , Tr�� , 1973 • • • •NM4• • �f, , e , RAT, . ( o ,`, c .40444.. € ��; ,."7 ' , cretary THE COLORADO & WYOMING LAND COMPANY 1 111 11 X111, ' By President STATE OF COLORADO ) SS COUNTY OF PUEBLO ) The within and foregoing instrument was acknowledged before me this 7eit, day of , 1973, by /2.). President and 4 Secretary of the Colorado & Wyoming Land Company • , • .....cmmmission expires 4/7 *? c10TA�;� fit �'� t Notary Public • 11 n � • r n% �R '