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:
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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
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c.� :See ,eefa- e y
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CO
C OCO President
PUEBLO, A MUNICIPAL CORPORATION
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, , F r � By v�► '� / /151 'r
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`'4 �'` President of the Council
V
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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:
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01ig Lig%
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ova wit THE COLORADO & WYOMING LAND COMPANY
TSecretary
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By
"L%- e ident
PUEBLO, A MUNICIPAL CORPORATION
By /
'resident of the Council
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k A PIM ® Vk ' TO FORM:
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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
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RAT, .
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��; ,."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
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fit �'� t Notary Public
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