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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