HomeMy WebLinkAbout6156RESOLUTION NO. 6156
A RESOLUTION AUTHORIZING THE ACQUISITION OF CER-
TAIN REAL PROPERTY LOCATED AT 35640 EAST HIGHWAY
96, PUEBLO COUNTY, COLORADO
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
gPrTTnm 1
The City Council of Pueblo, Colorado, hereby finds and de-.
termines that the public health, welfare, use, convenience and neces-
sity require the acquisition for flood control the real property des-
cribed herein located within or near the floodway of the Arkansas River;
and the Council does further find and determine that the public interest
will be served by the acquisition of said property.
SECTION 2.
The City Manager or his designated representative is hereby
authorized to take such action as may be necessary to acquire from the
estate of John Chutich, for a sum not to exceed $16,000.00, the real
property located in the City of Pueblo, County of Pueblo and State of
Colorado, more particularly described as follows:
The west 150 feet of that tract of land des-
cribed in deed to John Chutich, recorded in
Book 1556 at Page 388 of the Pueblo County
records, and in Quit Claim Deed to John
Chutich recorded in Book 1746 at Page 860
of the Pueblo County records
CFCTTnN i
If for any reason the City Manager or his designated represen
tative is unable to acquire said property, then the City Attorney is
hereby authorized and instructed to institute such proceedings as may
be necessary to acquire the property through condemnation by the exer-
cise of the power of eminent domain.
SECTION 4.
Funds for said land acquisition shall be paid from Account
Number 034 - 1988 - 100 - 000 - 040 -8723.
INTRODUCED March 14 , 1988
By SAMUEL CORSENTINO
Councilman
APPROVED:
Preside t of the Council
ATTEST:
- 2 -
P. O. Sou 52 66
A,.ao, Coaaao 6102
TeWphone $43 -1941
September 23, 2987
Mr. Tan Cvar
Director of Public Works
City of Pueblo
211 E. 'b" Street
Pueblo, CO 81003
RE: Pueblo Memorial Airport Industrial Park Subdivision -
Devine Basin
Dear Mr. Cvar:
Here are the results of our study of the Devine Basin in
accordance with our letter of July 10, 1987.
The purpose of the study was to determine the cost of two
alternatives for discharging storm flows from the Devine Basin
just west of Target. In past years, arroyos which naturally
flowed through the developed portion of the airport, were
diverted by means of a new channel into the natural channel of
the Devine Basin, thereby greatly increasing the historic flow.
It is this increase in historic flow which must be dealt with in
order to provide protection to the downstream property owners.
One alternative is to detain the diverted flows north of the
subdivision boundary, and release the historic rate. The other
is to provide a channel in a City R.O.W., south of Highway 50,
with the capacity to carry the the diverted flows directly to
the river.
As stated in the Master Storm Drainage Plan, as Revised July
1987, additional field investigations of the tributary areas
revealed a higher quality of range cover, and the existence of
contour ditching on the Thatcher property north of the airport.
These factors led to a reduction of the flows as set forth in the
original report.
In the July Revised Master Plan, the figure for the 100 year
historic flow of the Devine Basin is 854 cfs before the diversion
from the west was accomplished.
With the introduction of flows from the diversion channel to the
original natural channel, the rate for the 100 year storm event
increased to 1484 cfs, a difference of 630 cfs. It is this rate,
and the attendant volume which must be accounted for to meet the
"pre- diversion channel" historic rate.
Mr. Tom Cvar
September 23 1987
Page 2
Several schemes were developed for a pond system on City property
which would accomplish the required flow reduction. However, the
narrow diversion channel and the other low volumes avaiable for
detention are not adequate for a practical solution totally on
City property. In an on -site meeting with John Thatcher, the
possibility of providing upstream detention was discussed, in
particular the re- construction of an existing pond which has
failed.
Flows were then calculated to reflect upper basin modifications
and also the construction of a new pond below the junction of the
new diversion channel and the natural channel. The upper basin
modifications include the re- construction of the existing pond,
the cleaning and rehabilitation of another pond, and the better
utilization of the "jeep range facility ".
It should be noted that the dam for the new pond is under the
jurisdiction of the State Engineer, being over ten feet in
height, as measured from the thread of the stream to the spillway
crest.
With the construction of these improvements, the flow will be
reduced to 836 cfs, or 18 cfs below historic.
The estimated cost of this alternative is $252,300.00 as detailed
in the attached cost estimate.
For the the other alternative, the direct flow channel, we have
determined that a 6 foot deep chapel, with a 50 foot bottom and
3:1 side slopes will carry the developed flow of 1484 cfs at a
depth of approximately 3.5 feet. The R.O.W. required is 150 feet
in width. At the Excelsior Ditch, a 48 inch siphon will carry
the ditch flows under the proposed channel.
Due to the flat grade of the Excelsior, the head losses through
the siphon will have to be accounted for by an increase in depth
at the siphon inlet. It is not anticipated that this will be a
problem due to the fact that the Excelsior's decrees amount to
60 cfs, and the existing ditch has an estimated capacity of 109
cfs with one foot of freeboard.
The cost of the "channel" alternative is $172,100.00.
There are additional considerations other than cost for each
alternative. Both involve negotiaitons with other land owners,
the "charnel" also involving the shareholders of the Excelsior
Ditch. Maintenance in future would problably favor the on -site
option, due to its proximity to the industrial development.
Mr. TOM ever
September 23, 1967
Page 3
Either alternative will satisfy the requirements, and it is our
opinion that the decision will rest with the success of the
negotiations will those holding lands necessary for the
construction of either alternative.
The associated calculations, cost estimates, and drawings are
enclosed.
Naturally, we are available to answer your questions and to
further explain this report at your convenience.
Very truly yours,
CLYDE B. YOUNG & CO.
Clyde Young, Jr. Presid .
CBY/bb
Encl.
6_ A
-
DEVINE BASIN
SUPPORTIVE MATERIAL
September 24, 1987
1 1' a • I M k ol ,
Item
unit
an
Qutity
Pric e
Amount
Stripping
Acre
10
$ 50.00
$ 500.00
Clear & Grub
- Acre
1
1
1
Rea. Struc.
L.S.
1
500.00
500.00
Embankment
C.Y.
25
2.25
56,250.00
Rip Rap (Hwy Culvert)
C.Y.
534
30.00
16,020.00
Rip Rap (River)
C.Y.
200
30.00
6
Soil Prep
Acre
10
75.00
750.00
Seed
lb.
900
15.00
13,500.00
Fertilizer
lb.
700
2.00
1
Mulch
Ton
20
250.00
5
48" RCP (Siphon)
L.F.
174
148.00
25
Siphon Structure
Each
2
5
_10,000.00
Sub Total
136,172.00
Engr., Inspec.
13
Sub Total
149,672.00
Contingencies 15%
22,450.00
Total
172,122.00
ROUNDED $172,100.00
1/1
NEW POND AT JUNCTION
Item
Emergency Spillway
Inlet Structure
Outlet Structure
Pipe %I# RCP
Embankment
Rip Rap.
Sub Total
Engr., Test, Inspec.
Sub Total
Contingencies 15%
Total
THATCHER PONDS
Emergency Spillway
Grading
Pipe 66" RCP
Inlet Structure
Outlet Structure
Sub Total
Engr., Test, Inspec.
Sub Total
Contingencies 13%
Total
Structure & Grading
Contour Ditch
Sub Total
Engr., Inspec.
Sub Total
Contingencies 10%
Total
1 y / 1 31 me
Unit
Quantity
Price
Amant
L.S.
1
$ 6
$ 6
Each
1
15,900.00
15
Each
1
15
15,500.00
L.F.
150
250.00
37
C.Y.
3,000
2.50
7
C.Y.
600
30.00
18 000.00
25 000.00
12594
19,000.00
$144
L.S.
1
$12
$ 12
L.S.
1
8
8
L.F.
150
150.00
22
Each
1
12,000.00
12,000.00
Each
1
10
10
64,500.00
9,700.00
$83,700.00
L.S.
1
15
L.S.
1
3,000.00
18,500.00
3,500.00
22,000.00
2,200.00
$24,200.00
$252,300.00
1/2
EXHIBIT "A"
EXHIBIT TO WARRANTY
FROM MARY PETERSON, ET AL
nuun0%V-*" -L milt ma '-j
DEED
TO CITY OF PUEBLO
A parcel of land located in the County of Pueblo, State of Colorado, to wit:
A parcel of land being a part of the SE} of the SEj of Section 29 and a part of
the Ej of the NEJ of Section 32 both in 'Township 20 South, Range 63 West of the
6th Principal Meridian, said parcel being more particularly described as follows;
BEGINNING at a point on the north line of said Section 32 frcm which point the
NJ corner of said Section 32 bears N 89 45' -12" W, a distance of 1329.95 (1328.25•
Deed) feet, (deed as used herein is that document recorded in Book 1556 at Page
388 of the Pueblo County Records); thence S 00 °- 34' -19" E (south deed) a distance
of 2419.3 (2419 deed) to the north bank of the Arkansas River; thence easterly
following said north bank a distance of 150 feet more or less to the point of
intersection with a line 150.00 feet east of and parallel to said west line;
thence N 00 34' -19" W, a distance of 2412.1 feet to a point on the south right -
of -way line of Colorado State Highway No 50 according to that document recorded
in Book 1180 at Page 519 of the Pueblo County Records; thence N 83 15' -34" W
along said right -of -way line a distance of 105.27 feet; thence N 83 56' -58" W,
continuing along said right -of -way line, a distance of 45.90 feet to a point
on the west line of that parcel of land described in said Book 1556 at Page 388;
thence S 00 °- 34' -19" E along said west line, a distance of 419.32 feet to the
POINT OF BEGINNING.
The intent of this description is to describe the west 150.00 feet of that
parcel described in that document recorded in Book 1556 at Page 388 of the
Pueblo County Records, lying south of Colorado State Highway #50.
Said parcel contains 9.76 acres more of less.
ti
' 2431 PmF860
CHUM AI AC(:1;SS t ASI!MNr
A parcel of land IocaLud in the WunLy of Pueblo, State of Colorado, to -wit:
A parcel of land being a part of the SE of the SEA of Section 29, Township 20
South, Rang(: 6:3 West of the 6th Principal Meridian, said parcel being more
particularly described as follows;
BEGINNING at a point from which the South 4 corner of said Section 29 bears
S 75 22' -57" W, (all bearings used herein are based on the south line of said
SEI to bear N 89 °- 45' -1.2" W) a distance of 1531.40 feet; thence N 00 ° - 34' -1.9" W,
a distance of 9.88 feet to a point on the south right -of -way line of Colorado
State Highway No. 50; thence S 83 °- 15' -34" E, along said right -of -way line,
a distance of 191.15 feet; thence S 00 34' - 19 " E, a distance of 30.24 feet;
thence N 83 °- 1.5' -34" W, a distance of 55.80 feet; thence N 72 04' -53" W, a
distance of 117.33 feet; whence N 89 °- 31' -53" W, a distance of 23.39 feet to
the POI OF BEGINNING.
x - y 2 / 98 ly
PROFESSIONAL LAND SURVEYOR NO. 10093 DATE
�„EVVIS q
kQ�V�' e srE
s
* 10093 '
�OF SURV co
• C_
fJ Pecorded at G o'clock M., JAN 12 1989
G �.. Reception No �0444 Recorder.
I� WARRANTY DEED
i THIS DEED, Made this 23rd d of December
19 88 , between Mary Peterson, Katherine Wiswell,
Geneva Levar, Eli Chutich, Dan Chutich, Max
Chutich, Mary Ann Zakrasick and Frank Joseph
of the *County of Pueblo and State
of Colorado, grantor(s), and the City of Pueblo, a
Municipal Corporation
whose legal address is One City Hall Place
Pueblo, Colorado 81003
m2llt l FArF
t
ershin,P.R.Estate Anna B.
Pershin
I
i
it
I li
of the County of Pueblo and Stateof Colorado, grantee([):
WITNESSETH, That the grantor(s), for and inconsideration of the sum of Sixteen Thousand Dollars
and No /100 ------------- ------- ($16, 000 .00) ------------------
XIUX6,
the receipt and sufficiency of which is hereby acknowledged, ha Ve granted, bargained, sold and conveyed, and by these presents
do grant, bargain, sell, convey and confirm, unto the granteew, its heirs and assigns forever, all the real property,
together with improvements, if any, situate, lying and being in the County of Pueblo
and State of Colorado, described as follows:
See Exhibit " attached hereto and incorporated herein
TOGETHER with an easement for access as described in I!
Exhibit "B" which is attached hereto and incorporated
herein.
also known by street and number as: Vacant property
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the
reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, interest, claim and
demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and
appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the grantec(}I, its
heirs and assigns forever. And the grantor(s), for them sel Ves their heirs, and personal representatives,
do covenant, grant, bargain and agree to and with the grantee(, its heirs and assigns, that at the time of the ensealing
and delivery of these presents are well seized of the premises above conveyed, have good, sure, perfect, absolute
and indefeasible estate of inheritance, in law, in fee simple, and ha Vegood right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains,
sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except real property
li
is
taxes for the year 1988 and subsequent years. l i
The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable
possession of the grantee(s), heirs and assigns, against all and every person or persons lawfully claiming the whole or any
part thereof.
IN WITNESS WHEREOF, The grantor(s) ha executed this deed n a date first written a vex
Mar Peterson r ne W �j
e va ev is
l �n u ic c -.._
- - - -- _ C uti,� rn Pi
M d
Mary nn akr ick , R.hstate A nna B.
No. 36. Rev. 2 - WARRANTY DEED (Short form) Bradford Publishing, 5825 W. 6th Ave., 0214 Lakewood, — (3 -6 Pwrsh n
I CO yM�r�,l,� — - Per.Rep.
mm2431 MUS57
(? /9.6. k- /V 1
STATE OF E9beRAfl0 )
Z- e s ss
COUNTY OF PU9BLW )
The foregoing instrument was acknowledged before me this 39&1
day of �10c-ce e/2i 19 8 Mary Petersont,�ho �Qoo -
v cc3T iS �/y cfo �ey CU tic e/, r�e o e t/ie l s' eov -5om u.h 2 PcW S/4"o-pe
Witness my hand and official seal.
My commission expires:
OFFICIAL SEAL
DOLORES MCC_ONNELL
°INUFAR YPUBLIC- CALIFORNIA
LOS ANGELES COUNTY
MY COMM. EXP. JUNE 20,1990
STATE OF COLORADO
COUNTY OF PUEBLO
r .
e / � / � - . GAS %
Notary Public 'gyp ,araCt
ss
The.�foregoing instrument was acknowledged before me this
day of a,.1.�i 1981 by Katherine Wiswell.
-�- Witness my hand and official seal.
,`F �_ • '� „ / N 'I_y� commission expires l/ �l
�v �,�_
4 1`
Not ry Pu is 116 7 � -�
sTATE...:t7 :COLORADO )
¢ Fc ) ss
COUNWxOF PUEBLO )
.�;� Th if "regoing instrument was acknowledged before me this „?3�
r� -ay of 1988 by Geneva Levar.
. _4,1i, , my hand and official seal.
r Pi v -
commiign expires:
Notary Public
* * * * * * * * * * * * * * * * **
STATE OF COLORADO )
ss
COUNTY, sOF PUEBLO, )
ViX foregoing instrument was acknowledged before me this -
1988 by Eli Chutich.
hand and official seal.
ajj commssioh expires:
eoox2431 ��58
STATE OF COLORADO )
ss
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this .:7�
day of i�am /, 1988 by Dan Chutich.
4,s my hand and official seal.
co ssion expires:
'*�jf �r ��,�4�► C Notary Public
STATE OF COLORADO )
ss
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this din
day of ,l.c�, /2 1988 by Max Chutich.
C4�,• my hand and official seal.
\\ \•� O ',,
My commission expires:
y07AIt
•••',,; �e;:L,: Notary Public
,1 " ' 1 fItIH{H
STATE OF COLORADO )
ss
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this -23
day of 1988 by Mary Ann Zakrasick.
't { e 1 „1 j�q hand and official seal.
c 4 CG-'
My commits' on expires
a
',.,•�i,�Lt yy �c�,`��.•' • Notary Public
STATE OF COLORADO )
ss
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this ,�?3
day of , 1jj11 r2r , &,y 1988 by Frank Joseph Pershin.
�
� tness `ia� . "nand and official seal.
My "c'dimMirssion expires:
” '41111.11..