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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.