HomeMy WebLinkAbout53781.40 76 1179 :f ��� �,r�, �� �. QEC 2 1 1984 � �
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RESOLUTION NO. 5378
A RESOLUTION APPROVING A DRAINAGE IMPROVEMENT
AGREEMENT BETWEEN THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY, SANTA FE LAND
IMPROVEMENTS COMPANY, THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF PUEBLO, AND
THE CITY OF PUEBLO
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, THAT:
SECTION 1.
A Drainage Improvement Agreement for the area in and around
Portland Avenue, dated April 12, 1984, by and between the City of
Pueblo, a Municipal Corporation, The Atchison, Topeka and Santa
Fe Railway Company, Santa Fe Land Improvement Company, and the
Board of County Commissioners of the County of Pueblo, Colorado,
the original copy of which is on file with the City Clerk, having
been approved as to form by the City Attorney, is hereby approved.
gRrTTnM 7
The President of the City Council is hereby authorized and
directed to execute said Drainage Improvement Agreement for
and on behalf of the City and the City Clerk is directed to attest
the same and affix the seal of the City thereto.
SECTION 3.
This Resolution shall become effective upon final passage
and approval.
INTRODUCED May 14, 1984
By ALLYN MIDDELKAMP
Councilperson
APPROVED:
7
President h6 City Council
ATTEST:
City' Clerk
NC761180 .
PUEBLO COUN'i f. COL i?A.�J � �'� � DFC 2 11984 BOOK 2225 PA[,E 131
STATE OF COLORADO,
ss.
County of Pueblo,
The Board of County Commissioners met in regul ar session in its
office in Pueblo County, Colorado, on Thursday the 12th day of
April A. D. 19 84 _ - 10:00
at o'clock.
Present: Jon H. Giguere Chairman.
A. H. Hayden County Commissioner.
George Amaya County Commissioner.
James V. Phelps County Attorney.
Luci lle Wilson County Clerk or Deputy.
When the following proceedings, among others, were had and done, to -wit:
RESOLUTION NO. 84 -76 APPROVING A DRAINAGE AGREEMENT BETWEEN THE
CITY OF PUEBLO, COLORADO, THE BOARD OF
COUNTY COMMISSIONERS OF THE COUNTY OF
PUEBLO, COLORADO, THE ATCHISON, TOPEKA &
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 FIR
STREET IN THE CITY OF PUEBLO, AND
AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF PUEBLO COUNTY TO
EXECUTE THE SAME
WHEREAS, the City of Pueblo, Colorado, The Board of County
Commissioners of the County of Pueblo, Colorado, The Atchison, Topeka and
Santa Fe Railway Company, and Santa Fe Land Improvement Company, 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, it has been determined that the drainage improvements to
this area would serve the citizens of the City of Pueblo and County of
Pueblo and would promote the public health, safety, and welfare of the
residents of the City and County of Pueblo; and
WHEREAS, the above named parties are willing to dedicate and
vacate certain rights of way and easements to facilitate the improvement of
drainage conditions in and around the above described intersection; and
WHEREAS, it is necessary to enter into an Agreement between the
parties in order to document the respective rights and duties of said
parties needed to begin the drainage improvement project.
NOW, THEREFORE, BE IT RESOLVED by The Board of County
Commissioners of Pueblo County that the Agreement between the City of
Pueblo, Colorado, The Board of County Commissioners of the County of
Pueblo, Colorado, The Atchinson, Topeka and Santa Fe Railway Company, and
the Santa Fe Land Improvement Company dated APRIL 12, 1984 ,
1984, the terms and con- ditions which are incorporated herein, relating to
the construction and installation of certain drainage improvements in and
around the intersection of Portland Avenue and Fir Street in the City of
Pueblo, Colorado, having been approved as to form by the County Attorney,
is hereby approved.
BE IT FURTHER RESOLVED that Jon H. Giguere, Chairman of the Board,
is hereby authorized and directed to execute said Agreement for and on
behalf of Pueblo County and is directed to affix and attach the Great Seal
of the County of Pueblo to said Agreement.
By the following vote on roll call:
HAYDEN -Aye, AMAYA -Aye, GIGUERE -Aye.
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L' AGREEMENT
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BOOK
5 Y'.G_ V
THIS AGREEMENT made and entered into this 12th day of
April , 1984, 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, (hereinafter
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 ").
WITNESSETH
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 contained the parties agree as follows:
I. 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 112 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 & 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
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BOOK &4
west l i n e 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 northwesterly
of and parallel to the centerline of present main track
of said Railway Company, a distance of 1,097 feet, more
or l e s s , to a point on the west l i n e 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.
2. The Land Improvement Company agrees to convey by quitclaim
deed to the County for the purpose of a street right -of -way a continous
strip of land eighty (80) feet in width which shall extend as follows:
to -wit:
A parcel of land in the County of Pueblo, State of Colorado,
A strip of land 80.00 feet in width being a part of
vacated Evergreen Street, Reading Avenue, Queens Avenue,
that alley contained within Block 334, and a part of
Block 334 all of Wiley and Chamberlin's Subdivision said
strip being more particularly described as follows:
A strip of land 80.00 feet in width lying northerly of
and adjoining the following described line; BEGINNING at
the northwest corner of Block 343, of said Wiley and
Chamberlin's Subdivision, said corner being on the east
line of Portland Avenue, thence East along the south
l i n e of said vacated Evergreen Street to the northerly
right -of -way line of Atchinson, Topeka, and Santa Fe
Railway Company; thence northeasterly, along said
northerly right -of -way line to the east line of said
vacated Reading Avenue, and the Point of Terminus of
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nox GE
this line. It being agreed
80.00 foot strip extend or
intersect said East line of
of vacated Reading Avenue,
division.
the northerly l i n e of said
shorten, as necessary, to
Portland and said East line
Wiley and Chamberlin's Sub-
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 adjacent 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 agreement, 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 northwesterly 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 agreement to the south line of Fir Street
(vacated).
4. The County agrees to convey to the Land Improvement Company by
quitclaim deed its ownership interests, if any, in and to the right -of -way
proposed in Article II, Paragraph 2.0 of the Agreement between the
Atchison, Topeka and Santa Fe Railway Company, Santa Fe Land Improvement
Company, Jay C. Crosby and The County Commissioners of the County of
Pueblo, State of Colorado, dated March 1, 1930, and recorded with the
Pueblo County Clerk and Recorder's office at Book 739, Page 495 on August
28, 1930, which right -of -way is 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 County 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 the strip of land
-3-
3oeK. 225 Pace
conveyed to the County by the Land Improvement Company pursuant to
Paragraph 2 of this agreement, which easement and right -of -way is described
as follows:
A strip of land, fifty feet (50) in width, along and
adjacent to the East line of Portland Avenue from the
North right -of -way line of Evergreen Street to the South
right -of -way line of Evergreen Street, as such street is
described in Paragraph four (4) of this agreement,
connecting the easement and right -of -way strips of land
conveyed by the Land Improvement Company to the City in
Paragraph three (3) of this agreement.
6. 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 one (1) of this
agreement. 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 easements described in
Paragraphs three (3) and five (5) of this agreement. City further agrees
to furnish and install, or cause to be furnished and installed, pipe,
culverts, 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
on the south side) and no more than two (2) driveway entrances of a maximum
of 24 feet each along Portland Avenue (one north of Evergreen and one south
of Evergreen). The City further agrees to construct and maintain, subject
to the availability and appropriation of funds therefor by the City
Council, a roadway intersection drainage culvert in, over, through, and
across, the drainage easement described in Paragraph five (5) of this
agreement, pursuant to the instructions and subject to the approval of the
Pueblo County Road and Bridge Department. The Railway Company and the Land
Improvement Company shall not be assessed for any of the cost of any of the
improvements to be constructed by the City.
7. 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.
8. The deeds and easements hereinabove described in numbered
Paragraphs 1, 2, 3, and 5, 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 auto-
matically 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.
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BOOK 2225 P,Au 28
9. 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:
APPROVED AS'fi0= :
City Attorne
ATTEST'. '
erk. of they °:oard
.APPROVED .A$ TO FORM:
CITY OF PUEBLO
Pr dent of e C unciI
DATE:
BOARD OF COUNTY COMMISSIONERS OF
PUEBLO COUNTY
r f
i
Chaff rman of the Bbar'd
County Attor
ATTEST:
is Secretary
ATTEST: ;' p
Tt's
F
DATE: 7
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY
Its � r � -,�,;- -,...
MCUTAV:..: ��
DATE: � ✓� C c -y Y
SANTA FE LAND IMPROVEMENT COMPANY
Its t yice President
JOtn F. Salmon
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