HomeMy WebLinkAbout6169RESOLUTION NO. 6169
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO AND THE COLORADO DEPART-
MENT OF HIGHWAYS 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 Colorado Department
of Highways, a copy of which is on file with the City Clerk and incorporated
herein by reference, whereby the Colorado Department of Highways grants ad-
vance 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, in the
County of Pueblo, State of Colorado, after approval as to form by the City
Attorney, be and is hereby authorized and approved.
CFf TTnN 9
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.
ATTEST:
C z1 1 141',;W' / ". �e�'
City Clerk '(
INTRODUCED March 28 1 1988
By MICHAEL OCCHIATO
Councilman
APPROV
resident o the Council
NO859254 R 2 = �- I° APR 5 ij8
PUEBLO COUNTY, COLORADO
RIGHT -OF -ENTRY FOR CONSTRUCTION
FOUNTAIN CREEK PROJECT, PUEBLO, COLORADO
000x2392 Pwl-03
The State of Colorado, for the use and benefit of the State Department of
Highways, hereinafter called the "Owner ", hereby grants to the City of Pueblo,
Colorado (hereinafter "City ") and to the United States of America
( "Government "), a permit or right -of -entry upon the following terms and
conditions:
1) The Owner hereby grants to the City and Government, right to enter
upon the lands, hereinafter described, at any time within a period
of three months from the date of this instrument, in order to erect
a concrete floodwall, an earth levee and a drop inlet (access to
described land must be from City owned property), and to perform
construction work necessary for the Fountain Creek Flood Control
Project.
2) All tools, equipment, buildings, improvements, and other property
taken upon or placed upon the land by the Government shall remain
the property of the Government and may be removed by the Government
at any time within a reasonable period after the expiration of this
permit or right -of- entry.
3) The Government shall have the right to patrol and police the lands
hereinafter described during the period of this permit or right -of-
entry.
4) It is understood and agreed that if the City or Government does not
acquire the necessary interest in said land prior to the expiration
of this permit or right -of- entry, or any renewal thereof, the City
agrees to be responsible for any damage arising from the activity of
the Government, City, and the employees and contractors of each on
said lands, in the exercise of rights under this permit or right -of-
entry, and shall repair such damages, or, in lieu thereof and at the
option of the Government or City, shall make an appropriate
settlement with the Owner.
The land affected by this permit of right -of -entry is located in the County of
Pueblo, State of Colorado, and is described in Exhibit "A" attached hereto.
WITNESS MY HAND AND SEAL this 2 S day of f�avc�.� , 1988.
COLORADO DEPA R T MENT OF HIGHWAYS
Ke onyers, Dis rict Eng neer
Page 1 of 2
BooK 2392 Pa F 14
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
Subscribed and sworn to before me this day of ( , 1988
by 1rC� ... Cn,nJ tr S for the COLORADO DEPARTMENT OF HIGHWAYS.
My Commission Expires: I — llo — 9 2
• .� " +' ��? J Notary Public_
n y �.
e y V • r.
.0 SEAL )
Page 2 of 2
B=2392 PAGA 5
EXHIBIT 'A'
FOUNTAIN CREEK FL00D CONTROL PROJECT
TRACT NO. 1
A tract of land No. 1 containing 9853 square feet, more or less, in
the NW 1/4 of Section 31, and the SW 1/4 of Section 30, Township 20
South, Range 64 West, of the Sixth Principal Meridian, in Pueblo
County, Colorado, said tract being more particularly described as
follows:
Beginning at the northeast corner of parcel No. 451 of the
Department of Highways, State of Colorado, Project I 092 - 3(10),
as described in Book 1350 at Page 407 of the records filed with
Pueblo County, Colorado, Clerk and Recorder, from which a monument
at the intersection of 7Th. Street and Bradford Street bears S. 22
26' 15' W., a distance of 312.5 feet;
1. Thence along the east line of said parcel No. 451 and across
vacated alley and along the east line of parcel No. 450 of
said Project S. 02* 09' E., a distance of 254.3 feet, to the
southeast corner of said parcel No. 450 as described in Book
1350 at Page 403 of said Pueblo County records;
2. Thence across 7Th. Street S. 16 38' W., a distance of 84.5
feet to the northeast corner of parcel No. 454 of said Project
and described in Book 1350 at Page 409 of said Pueblo County
records;
3. Thence along the east line of said parcel No. 454 S. 01 57'
E., a distance of 136.3 feet;
4. Thence continuing along said east line S. 13 24' W., a
distance of 33.0 feet;
S. Thence N. 30 57' 29' W., a distance of 89.2 feet;
6. Thence N. 19 13' 30' E., a distance of 182.5 feet, to a point
on the south line of - said parcel No. 450;
7. Thence N. 02 09' W., a distance of 254.3 feet to a - point on
the north line of said parcel No. 451;
S. Thence along said north line N. 87 56' E., a distance of 13.0
feet, more or less, to the point of beginning.
TRACT N0. 2
sook2392 FacFJ106
A tract of land No. 2 containing 9569 square feet, more or less in
the SW 1/4 of Section 30, Township 20 South, Range 64 West, of the
Sixth Principal !Meridian, in Pueblo County, Colorado, said tract
being more particularly described as follows:
Beginning at the southeast corner of parcel No. 459 Rev. of
The Department of Highways, of Colorado, Project No.
I 092 -3(10) as described in Book 1346, at Page 59 of the records
filed with the Pueblo County, Colorado, Clerk and Recorder, from
which a monument at the intersection of 8Th. Street and Bradford
Street bears S. 18 02' 15' W., a distance of 304.3 feet;
1. Thence along the easterly line of said parcel N. 14 49' 15'
W. (N. 14 48' 30' W. -deed bearing), a distance of 41.0 feet;
2. Thence continuing along said easterly line N. 02° 09' W., a
distance of 30.0 feet to the south line of parcel No. 453 Rev.
of said Project as described in Book 1354 at Page 325 of said
Pueblo County records;
3. Thence along said south line N. 88 04' E. 1.0 feet to the
southeast corner of said parcel No. 453 Rev.
4. Thence along the easterly line of said parcel No. 453 Rev.
N. 02 23' E., a distance of 240.9 feet;
5. Thence continuing along said easterly line N. 14 22' W., a
distance of 326.0 feet;
6. Thence S. 75° 38' W., a distance of 9.0 feet;
7. Thence S. 14 22' E., a distance of 23.0 feet;
8. Thence S. 10 46' E., a distance of 65.0 feet;
9. Thence along the arc of a nontangent curve to the right having
a radius of 1698.0 feet, (the chord of this arc bears S. 09
01' 45' E., a distance of 317.4 feet), a distance of 317.9
feet;
10. Thence along a nontangent line S.01° 05' E.`, a distance of
155.0 feet, more or less to a point on the north line of said
parcel No. 459 Rev.;
11. Thence S. 02 09' E., a distance of 70.0 feet, to a point on
the south line of said parcel No. 459 Rev.;
12. Thence along said south line N. 88 04' E., a distance of 17.0
feet, more or less to the point of beginning.
Excepting from this tract a one foot strip of land lying west of
and adjoining the easterly line of said parcel No. 453 Rev.,
(courses 4 and 5 above).
The above described tract contains 10136 square feet,
less 567 square feet in the excepted 1.0 foot strip of land,
leaving 9569 square feet, more or less, in this tract of land No. 2.
eooH2392 Pa60107
TRACT N0. 3
A tract of land, No. 3 containing 16,207 square feet, more or
less, being in the County of Pueblo and the State of Colorado
to -wit:
A parcel of land beginning at the Southeast corner of Lot 16,
Block 3, Fountain Subdivision, Pueblo, Colorado, thence West 86.5
feet to a point 8 feet West of the Southeast corner of Lot 13,
Block 3, thence North 4 15' East 256 feet, more or less, to a
point of intersection of said Block 3, 12 feet, more or less, East
of the Northwest corner, of Lot 7, Block 3, thence continuing North
4 15' East, 34 feet, more or less, to the Westerly side of the
right of way of the D. & R. G. R.R., thence Southeasterly along
said Westerly line of the right of way, 296 feet, more or less, to
place of beginning. And all of the N 1/2 of Ninth Street lying
between the Westerly right of way line of the D. & R. G. R. R. and
the Westerly line of the East 8 feet of Lot 13 extended Southerly
of Block 3, in the Fountain Addition to the City of Pueblo,
According to the recorded plat of said addition, said Ninth Street
having been vacated by resolution dated November 24, 1930.
Subject to an Easement to Denver and Rio Grande Western
Railway Company dated 8 -12 -30 and recorded 4 -9 -31 in Book 749 Page
103.
The above description contains all of the land conveyed to The
Department of Highways, State of Colorado by deed dated 5th day of
August, 1958 and recorded August 20, 1958 in Book 1364, Page 495 of
the records in the Clerk and Recorder's office in Pueblo County,
Colorado.
Book 2392 PArF 108
A tract of land No.4 containing 0.88 acres, more or lose, in the
City of Pueblo, Pueblo County in the S 1/2 of Section 30, Township
20 South, Range 64 west, of the Sixth-Principal Meridian, in Pueblo
County, Colorado, described as follows:
The Westerly portion of those parcels of land described in
Book 1957 at Page 39, and Book 1222 at Page 490 of the Pueblo
County Records, being more particularly described as follows:
Considering the North line of Block 98, Conley's Addition, to
bear N. 87 42' 15 E, and all bearings contained herein being
relative thereto.
Beginning at the Northwest corner of Block 98, Conley's
Addition, according to the recorded plat thereof;
1. Thence along the north line of said Block 98 N. 87 42 . 15•.
E., a distance of 8.30 feet;
2. Thence S.10 19' 16 E. a distance of 519.82 feet;
3. Thence S.42* 42' 58 E., a distance of 99.63 feet;
' 4. Thence S. 37 35' 41' E., a distance of 51.26 feet, more or
less to the intersection of the centerline of vacated 9th.
Street with the East line of Lot 12, Block 97, of said
Conley's Addition, if extended South;
S. Thence along said centerline S. 87 39' 09' W., a distance of
176.00 feet, to the West line of said Block 97, if extended
South;
6. Thence along said West line of block 97 , across vacated 10th.
Street and the West line of said Block 98 and said lines
extended N. 02* 12' 49 W., a distance of 632.57 feet, more or
less to the point of beginning.
soox2392 Pas €iG9
TRACT NO. 5
A tract of land No. 5 containing 0.90 acres, more or less, in
the City of Pueblo, Pueblo County, in the S 1/2 of Section 30,
Township 20 South, Range 64 West, of the Sixth Principal Meridian
in Pueblo County, Colorado, said tract being more particularly
described as follows:
Fractional part of Lot 6, and the land adjoining said Lot
lying to the west thereof necessary to comprise what would be the
balance of Lot 6 and all of Lots 7 to 11 inclusive, Block 96 in
Conley's Addition to the City of Pueblo, Pueblo County, according
to the recorded plat of said Addition.
The above description contains all of the land conveyed to THE
STATE HIGHWAY COMMISSION OF COLORADO, A PUBLIC CORPORATION, FOR THE
USE AND BENEFIT OF THE DEPARTMENT OF HIGHWAYS OF THE STATE OF
COLORADO by deed dated 7TH day of November, 1953 and recorded
November 14, 1953, in Book 1222, at Page 491 of the records in the
Clerk and Recorder's office in Pueblo County, Colorado.