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HomeMy WebLinkAbout53781.40 76 1179 :f ��� �,r�, �� �. QEC 2 1 1984 � � FUEP�O Cou;�;v, c ►.� � ,�� . BOCK 2225 P�.��� 1 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. oil y r r J r� c� f ( f1� i. s N to :; n M I t cr c � o✓ � o n b7 O O o C) O O 0 r- 4 Z O n O O n rt fi O O CIL It �zal� Sjunoo `ZONflw '0 SIu m t8 6T Q `d ` L pdd j Sep sigl `oigand jr `A4unoo plW ' Ieas aq4 paxtJ t ., -;e pus pueq Aui jas olunazaq aneq I jogdgHM SSgNum NI •93tJ3o ,Stu ut mou `Rlunoo oigand prss JOJ szauotsstuzuzoo A4unoO ;o pxLog aql 3o s2tgpaa3ozd aqq 3o spzoaag aql uzoa3 paidoa Ainzl st aapau 2u[a2'0zo; pus paxauus OLO Isq} Appoo Agazaq op p!usazojR alulS pue Ajunoo aqq zoj pus ut szauotssiuxuzoo Ajunoo 3o pzeog aql ;o 31.1910 oial3lo -xa pus xzap 94unoo `zounIV •D sczgq `I `oigand jo Alunoo •ss �) `OQK2IOrloo a alvis 0 KT IIII W z 1009 i �zal� Sjunoo `ZONflw '0 SIu m t8 6T Q `d ` L pdd j Sep sigl `oigand jr `A4unoo plW ' Ieas aq4 paxtJ t ., -;e pus pueq Aui jas olunazaq aneq I jogdgHM SSgNum NI •93tJ3o ,Stu ut mou `Rlunoo oigand prss JOJ szauotsstuzuzoo A4unoO ;o pxLog aql 3o s2tgpaa3ozd aqq 3o spzoaag aql uzoa3 paidoa Ainzl st aapau 2u[a2'0zo; pus paxauus OLO Isq} Appoo Agazaq op p!usazojR alulS pue Ajunoo aqq zoj pus ut szauotssiuxuzoo Ajunoo 3o pzeog aql ;o 31.1910 oial3lo -xa pus xzap 94unoo `zounIV •D sczgq `I `oigand jo Alunoo •ss �) `OQK2IOrloo a alvis 0 KT IIII W z 1009 L' AGREEMENT r 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 -1- 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 -2- 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. -4- 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 -5-