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HomeMy WebLinkAbout5061RESOLUTION NO 5061 A RESOLUTION APPROVING A DRAINAGE AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO, COLORADO, THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, AND THE SANTA FE LAND IMPROVEMENT COMPANY RELATING TO THE CONSTRUCTION AND INSTALLATION OF CERTAIN DRAINAGE IMPROVEMENTS IN AND AROUND THE INTERSECTION OF PORTLAND AVENUE AND FIRST STREET IN THE CITY OF PUEBLO, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1 The Agreement between the City of Pueblo, a Municipal Corporation, the Board of County Commissioners of the County of Pueblo, Colorado, the Atchison, Topeka and Santa Fe Railway Company, and the Santa Fe Land Improvement Company dated �yo�,r,�eor 1982, a copy of which is attached hereto, relating to the construction and installation of certain drainage improvements in and around the intersection of Portland Avenue and First Street in the City of Pueblo, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is hereby authorized and directed to execute said Agreement for an on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attach the same. SECTION 3 This Resolution shall become effective upon final passage and approval. INTRODUCED November 8 , 1982 B ISAAC C. DURAN Councilperson APP OVED: ATTEST: President of the Council 4 City le CO -04 -12 A G R E E M E N T THIS AGREEMENT made and entered into this � day of 1(pd Qu,4A_ „ 1982, by and between the CITY OF PUEBLO, COLORADO, a municipal corporation, (hereinafter referred to as "City "), THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO, COLORADO, (here- inafter referred to as "County "), THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, (hereinafter referred to as "Railway Company "), and SANTA FE LAND IMPROVEMENT COMPANY, (hereinafter referred to as "Land Improvement Company "). W I T N E S S E T H WHEREAS, the parties to this Agreement wish to improve the drainage conditions in and around the intersection of Portland Avenue and Fir Street in the City of Pueblo, County of Pueblo, State of Colorado; and WHEREAS, the authorized and respective parties hereto are willing to dedicate and vacate certain rights -of -way to facilitate the improvement of drainage conditions in and around the above described intersection; and WHEREAS, it has been determined that the drainage improvements to this area would serve the citizens of the City of Pueblo and the County of Pueblo and would promote the public health, safety, and welfare of the residents of the City and County of Pueblo. NOW THEREFORE, in consideration of the foregoing and mutual promises herein con- tained the parties agree as follows: 1. Railway Company and Land Improvement Company agree to convey and donate to the City by separate quitclaim deeds their respective property for the purpose of a ponding area, a tract of land lying West of Portland Avenue and North of the Railway Company's new main line. The Railway Company's conveyance will be without a release from its mortgage. Said tract of land lies in the North 1/2 of the Southwest 1/4 of Section 32, Township 20 South, Range Sixty -four (64) West, Pueblo County, Colorado, and is bounded as follows: RAILWAY COMPANY PROPERTY Beginning at the northeast corner of Lot 40 in Block 312 of Wiley 5 Chamberlin's Subdivision, said point lying on the west-line of Portland Avenue; thence West along the north lines of Lots 35 thru 40 in Block 312, a distance of 150 feet; thence South along the west line of said Lot 35 in Block 312 and said west line extended south, a distance of 160 feet; thence West along the centerline of Catalpa Street produced east, a distance of 350 feet; thence South along the east line of Ogden Avenue, a distance of 40 feet; thence West along the south line of Catalpa Street, a distance of 578 feet, more or less to a point on the west line of the East Half of the Southwest Quarter of Section 32; thence South along the west line of the East Half of the Southwest Quarter of Section 32, a distance of 169 feet, more or less, to a point that is 50 feet northwesterly of and normally distant to the centerline of present main track of The Atchison, Topeka and Santa Fe Railway Company; thence Northeasterly along a line that is 50 feet north- westerly of and parallel to the centerline of present main track of said Railway Company, a distance of 1,097 feet, more or less, to a point on the west line of said Portland Avenue; thence North along the west line of said Portland Avenue, a distance of 178 feet, more or less, to the Point of Beginning; containing 3.380 acres of land, more or less. SANTA FE LAND IMPROVEMENT COMPANY PROPERTY Beginning at the northwest corner of Lot 21 in Block 312 of Wiley and Chamberlin's Subdivision, said point lying on the east line of Ogden Avenue; thence East along the north line of Lots 21 thru 34 in Block 312, a distance of 350 feet; thence South along the east line of said Lot 34 in Block 312 and said east line extended south, a distance of 160 feet; thence West along the centerline of Catalpa Street produced east, a distance of 350 feet; thence North along the east line of Ogden Avenue, a distance of 160 feet to the Point of Beginning; containing 1.286 acres of land, more or less. -1- 2. The Land Improvement Company agrees to convey by quitclaim deed to the County for the purpose of a street right-of -way a continuous strip of land eighty (80) feet in width which shall extend as follows: South of the North line of Evergreen Street extended to the East, from the East line of Portland Avenue, Easterly to the Northwesterly right - of -way line of the AT &SF Railway Company (old main line), then a con- tinuous strip of land eighty foot (80) in width along and adjacent to the northwesterly side of the Northwesterly right -of -way line of the AT &SF Railway Company (old main line), bounded by the North line of Evergreen Street extended to the East, and the East line of Reading Street extended to the South. 3. The Land Improvement Company further agrees to convey to the City, its successors and assigns, a fifty foot (50) easement and right -of -way for the purpose of drainage, in, through, over, under, and across its property in the Wiley and Chamberlin's Subdivision and described as follows: A continuous strip of land, fifty feet (50) in width, along and adja- cent to the East line of Portland Avenue, from the South right -of -way line of the AT &SF Railway Company (new main line), to the North line of Evergreen extended; then Easterly along and adjacent to the North line of Evergreen Street, as described in paragraph two (2) of this agree- ment, to the East line of Reading Avenue, extended; then along the North side of Block 335, Wiley and Chamberlin's Subdivision, including the North 8.45 feet of Lots 1 thru 6, in said Block 335, to the north- westerly right -of -way line of the AT &SF Railway Company (old main line); then northeasterly along and adjacent to the northwesterly side of said right -of -way line to a point twenty -five feet (25) northeast of the transverse centerline of Bridge 616A of the AT &SF Railway Company; ALSO a continuous strip of land fifty feet (50) in width, along and adjacent to the East line of Portland Avenue, from the South right -of -way line of Evergreen Street as described in paragraph four (4) of this agree- ment to the south line of Fir Street (vacated). 4. The County agrees to initiate vacation proceedings, pursuant to notice and pub- lic hearing, to vacate a publicly dedicated and accepted right -of -way described as follows: A sixty foot (60) right -of -way along the Northwesterly side of the right -of -way of The Atchison, Topeka and Santa Fe Railway Company, running from the North Line of Damson Street extended (along the South line of Block 325 of Wiley and Chamberlin's Subdivision) to a point opposite Mile Post 616, of The Atchison, Topeka and Santa Fe Railway Company. 5. The City agrees to construct and maintain, subject to the availability and appropriation of funds therefor by the City Council, a detention pond on the tract of land described in paragraph 1. City further agrees to construct and maintain, subject to the availability and appropriation of funds therefor by City Council, a drainage channel in, over, and across the drainage easement described in paragraph 3. City fur- ther agrees to furnish and install, or cause to be furnished and installed, pipe, cul- verts, and earthen driveway entrances over the said drainage easement when the land abutting said easements is developed. In no event shall the City be responsible for more than two (2) driveway entrances of a maximum of 24 feet in width along'Evergreen Street (one on the north side and one of the south side) and no more than two (2) drive- way entrances of a maximum of 24 feet each along Portland Avenue (one north of Evergreen and one south of Evergreen). 6. The improvements required by this Agreement to be constructed or installed by the City shall be made at a time deemed most appropriate by the City Council except the driveway entrances shall be constructed just prior to a final inspection of any structure built upon the lot being served by the driveway entrance. All construction or installation of improvements shall be subject to the availability and appropriation of funds by the City Council. 7. The deeds and easement hereinabove described in numbered Paragraphs 1, 2 and 3 shall include provisions that if the ponding area, the street or the drainage facilities, as the case may be, are not constructed and opened for use within five years of the deed or easement, then the rights of the City or County thereunder will terminate -2- automatically and all right, title and interest will revert to the Railway Company or the Land Improvement Company, as the case may be. In such event, the City and /or the County, as the case may be, agree to execute and deliver to the Railway Company or the Land Improvement Company for recording quitclaims of their terminated interests. 8. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns. The various promises, obligations and undertakings of the parties set forth in this agreement shall survive closing hereunder and shall not be merged into the execution and delivery of any of the deeds or easements hereinabove provided for. ATTEST: Cit 4 C, APPROVED AS TO FORM: City Attorney ATTEST: Clerk of the Board APPROVED AS TO FORM: County Attorney ATTEST: Its Secretary ATTEST: CITY OF PUEBLO resident of the Council BOARD OF COUNTY COMMISSIONERS Chairman of the Board THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY Its SANTA FE LAND IMPROVEMENT COMPANY Its Secretary Its President -3-