HomeMy WebLinkAbout6167RESOLUTION NO. 6167
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO AND THE ATCHISON, TOPEKA
AND SANTA FE RAILWAY COMPANY RELATING TO THE
FOUNTAIN CREEK FLOOD CONTROL PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
An Agreement between the City of Pueblo and The Atchison, Topeka and
Santa Fe Railway Company, a copy of which is on file with the City Clerk and
incorporated herein by reference, whereby The Atchison, Topeka and Santa Fe
Railway Company grants advance right of entry and occupancy to the City of
Pueblo for the construction, maintenance and use of a levee system upon their
property in Pueblo, County of Pueblo, State of Colorado, be and is hereby
authorized and approved.
SECTION 2.
The President of the City Council is hereby authorized to execute said
Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the
City Clerk shall affix the seal of the City thereto and attest the same.
INTRODUCED March 28 ,1988
By MICHAEL OCCHIATO
Councilman
ATTEST:
APPROV
resident o the Council
PAJ
City Clerk
N0.859405 RtiOPADO / : o P -M
ruesLo Co uNrr, co�ow►oo APR 6 1988
PERMIT
RIGHT -OF -ENTRY FOR CONSTRUCTION OF LEVEE IMPROVEMENTS
BY THE CITY OF PUEBLO
Fountain Creek Flood Protection Project
m2392 ParE335
The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, hereinafter called
the "Owner," hereby gives to the CITY of PUEBLO, hereinafter called the
"CITY," a permit or right of entry upon Owner's land, hereinafter described
and upon the following terms and conditions:
1. The Owner hereby gives to the City a right to enter upon the said
lands at any time from the date of this instrument, for construction of levee
improvements by the City, in such manner as will not interfere with the
operation of Owner's railroad. Construction should be coordinated with Owners
Division Office in La Junta, Colorado, telephone (719) 384 -3829, at least
48 -hours in advance of entry on said lands.
2. All tools, equipment and other property taken upon or placed upon
the said land by the City shall remain the property of the City and shall be
removed by the City within thirty (30) days after expiration of this permit or
right of entry.
3. The City agrees to be responsible for damages arising from the
activity of the City, its officers, agents, employes or representatives on
said land in the exercise of rights under this permit or right of entry,
either by repairing such damages or, at option of the Owner, by making a cash
settlement with the Owner in lieu thereof. The City shall also restore said
land to substantially its former condition within thirty (30) days from
expiration of this permit.
4. The land affected by this permit or right of entry is located in
the State of Colorado, County of Pueblo, and is described as follows:
All that part of the property of Owner between Railroad Mile
Posts 617 +600 and 617 +1250, shown has hatched on the sketch
hereto attached and marked Exhibit "A."
5. Exercising by the City of the rights given it herein shall be
deemed to bind the City to its obligations hereunder.
Dated at Topeka, Kansas, this 23rd day of March, 1988.
THE ATCHISON, TOPEKA AND TA E R ILWAY COMPANY
By
Its As Ad ant Geser- -a' A628er .
APPROVED AS TO FORM:
General Attorney - Kansas
9123c/2227/8
Book2392 PM336
r;t
i ^
Ci ty C e
CITY OF PUEBLO
President df the Council