HomeMy WebLinkAbout6172s No. 864913 RECC*MD APR 2 5 1888
WIDLQ coUM. c oLORAO
RESOLUTION N0. 6172
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO AND THE BURLINGTON NORTHERN
RAILROAD COMPANY RELATING TO THE FOUNTAIN CREEK
FLOOD CONTROL PROJECT
8Mk2394 PAGF827
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
An Agreement between City of Pueblo and the Burlington
Northern Railroad Company, a copy of which is on file with the City
Clerk and incorporated herein by reference, whereby the Burlington
Northern Railroad Company licenses and permits the construction,
maintenance and use of a levee system upon their property in the
County of Pueblo, State of Colorado, after:approval as to form by the
City Attorney, be and is hereby authorized and approved.
SECTION 2.
Funds for said license shall be paid from Account Number
02- 1987- 510 - 000 - 040 -5104.
SECTION 3.
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
ad��4 PmE828
thereto and attest the same.
INTRODUCED April 11 ,1988
By DOUGLAS L. RING
Councilman
APPROVED:
Kenneth F. Hunte
President of the Council.
ATTEST:
Marian D. Mead
City Clerk
I, Marian D. Mead, City Clerk of the City of Pueblo,, Colorado, do
hereby certify that the above is a true and correct copy of Resolution
No. 6172, adopted by the Council of Pueblo on April 11, 1988; and that
I am entrusted with the safekeeping of the original.
IN,;,'WITNESS WHEREOF, I have hereunto set my hand and affixed the
Seal • of the City of Pueblo, Colorado, this 12th day of April, 1988.
City lerk
. h I
t'
x
Na 860914 R c s �' � /� 1� APR 2 5 1988 a0k 94 pAt
pMo cou
V. co o
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that BURLINGTON NORTHERN RAILROAD COMPANY
(formerly named Burlington Northern Inc.) a Delaware corporation, whose
address for purposes of this instrument is c/o Glacier Park Company, 1011
Western Avenue, Suite 700, Seattle, Washington 98104, Grantor, for One
Thousand and No /100 Dollars ($1,000.00) to it paid by the CITY OF PUEBLO,
Grantee, and the promises of the Grantee hereinafter specified, does hereby
remise, release and quitclaim unto the Grantee, subject to the terms and
conditions hereinafter set forth, an EASEMENT for the construction of levee
improvements and riprap embankment protection for flood control purposes,
hereinafter called levee improvements, over, upon and across the following
described premises, situated in Pueblo County, State of Colorado, to -wit:
All that portion of Grantor's right -of -way located in Section 31,
T20S, R64W of the Sixth P.M., Pueblo County, lying within the city
limits of Pueblo, Colorado and shown crosshatched on the attached
map marked Exhibit "A" and by this reference made a part hereof.
RESERVING, however, unto the Grantor, its successors and assigns, the
right to construct, maintain, use, operate, relocate, reconstruct and renew
such tracks and facilities as it may at any time, and from time to time,
desire within the limits of the land hereinbefore described, including the
right and privilege to use said land for any and all purposes, not
inconsistent with the use thereof for levee improvement purposes.
The foregoing easement is made subject to and upon the following express
conditions:
1. To existing interests in the above - described premises to whomsoever
belonging and of whatsoever nature and any and all extensions and renewals
thereof, including but not limited to underground pipe line or lines, or any
type of wire line or lines, if any.
2. Any and all cuts and fills, excavations or embankments necessary in the
construction, maintenance, or future alteration of said levee improvements
shall be made and maintained in such manner, form and extent as will provide
adequate drainage of and from the adjoining lands and premises of the Grantor;
and wherever any such fill or embankment shall or may obstruct the natural and
pre- existing drainage from such lands and premises of the Grantor, the Grantee
shall construct and maintain such culverts or drains as may be requisite to
preserve such natural and pre- existing drainage, and shall also wherever
necessary, construct extensions of existing drains, culverts or ditches
through or along the premises of the Grantor, such extensions to be of
adequate sectional dimensions to preserve the present flowage of drainage or
other waters, and of materials and workmanship equally as good as those now
existing.
K2394 : W
3. The Grantee shall bear the cost of removal, relocation or reconstruction
of any and all right -of -way fences, telephone or telegraph poles, or other
facilities, the removal, relocation or reconstruction of which may be made
necessary by reason of the use of said premises for said levee improvement
purposes.
4. The Grantee shall, at its own cost and expense, make adjustment with
industries or other lessees of Grantor for buildings or improvements that may
have to be relocated, reconstructed or destroyed by reason of the construction
and maintenance of said levee improvements on said premises.
5. For so long as this easement shall survive, all contracts between the
Grantee and its contractor, for either the construction herein provided for or
maintenance work on the highway within any easement area described herein or
shown on the exhibit attached hereto, shall require the contractor to protect
and hold harmless the Grantor and any other railroad company occupying or
using the Grantor's right -of -way or line of railroad against all loss,
liability and damage arising from activities of the contractor, its forces or
any of its subcontractors or agents; and shall further provide that the
contractor shall:
A. Furnish to the Grantor a railroad protective liability policy in the form
provided by FHPM 6- 6 -2 -2, or as such form may be hereafter amended or
supplanted, and any other pertinent instructions issued by the Federal Highway
Administration, Department of Transportation. The combined single limit of
said policy shall not be less than Two Million Dollars ($2,000,000.00) for all
damages arising out of bodily injuries to or death of any person or persons
and for all damages arising out of loss or destruction of or injury or damage
to property in any one occurrence, and, subject to that limit a total (or
aggregate) limit of not less than Six Million Dollars ($6,000,000.00), for all
damages arising out of bodily injuries to or death of any person or persons
and for all damages arising out of or loss or destruction of or injury or
damage to property during the policy period. Said insurance policy executed
by a corporation qualified to write the same in the State in which the work is
to be performed, shall be in the form and substance satisfactory to the
Grantor and shall be delivered to and approved by the Grantor's Regional Chief
Engineer prior to the entry upon or use of its property by the contractor.
This being a potentially perpetual easement, Grantor reserves the right to
require higher limits of insurance in the future as may be commercially
reasonable at the time.
B. Carry regular Contractor's Public Liability and Property Damage Insurance
as specified in FHPM 6- 6 -2 -2, or as such form may be hereafter supplanted or
amended, and any other pertinent instructions issued by the Federal Highway
Administration, Department of Transportation, providing for a limit of not
less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising
out of the bodily injuries to or death of one person, and, subject to that
limit for each person, a total limit of not less than One Million Dollars
($1,000,000.00) for all damages arising out of bodily injuries to or death of
two or more persons in any one accident; and providing for a limit of not less
than Five Hundred Thousand Dollars ($500,000.00) for all damages to or
destruction of property in any one accident and subject to that limit a total
(or aggregate) limit of not less than One Million Dollars ($1,000,000.00) for
all damages to or destruction of property during the policy period. A
8004394 PAGFs31
certified copy of the policy providing said Contractor's Public Liability and
Property Damage Insurance executed by a corporation qualified to write the
same in the State in which the work is to be performed, in form and substance
satisfactory to the Grantor, shall be delivered to and approved by the
Grantor's Regional Chief Engineer prior to the entry upon or use of the
Grantor's property by the contractor. This being a potentially perpetual
easement, Grantor reserves the right to require higher limits of insurance in
the future as may be commercially reasonable at the time.
If the Grantee, its contractor, subcontractors or agents, in the
performance of the work herein provided or by the failure to do or perform
anything for which it is responsible under the provisions hereof, shall damage
or destroy any property of the Grantor, such damage or destruction shall be
corrected by the Grantee in the event its contractor or the insurance carriers
fail to repair or restore the same.
6. The Grantee shall notify the Regional Chief Engineer of the Grantor at
least five days prior to entering the Grantor's right -of -way.
7. The Grantee shall, or shall require its contractor to, notify the
Grantor's Regional Chief Engineer a sufficient time in advance whenever the
Grantee or its contractor is about to perform work on or adjacent to Grantor's
right -of -way and tracks to enable Grantor to furnish flagging and such other
protective service as might be necessary and Grantee shall reimburse Grantor
for the cost thereof.
8. If said described premises, or any part thereof, shall at any time cease
to be used by said Grantee, or by the public, for the purpose, as aforesaid,
or should they be converted to any other use whatsoever, or should the Grantee
fail to perform any of the conditions herein expressed, then and in any such
event, all the right, title, interest, benefits and enjoyment of said Grantee,
or of the public, in and to said premises, for any purpose whatsoever, shall
immediately cease and determine, and the said Grantor, its successors and
assigns, may, at its or their option, re- enter, retake and hold said described
lands and premises as of the present estate of said Grantor without
compensation to said Grantee, the public, or any other person whomsoever, for
improvements or property removed, taken or destroyed, or liability for loss
of, or damage to any premises or the improvements thereon abutting on said
easement area or any part thereof.
The Grantor does not warrant its title to said premises nor undertake to
defend the Grantee in the peaceable possession, use or enjoyment thereof; and
the grant herein made is subject to all outstanding rights or interest of
others, including the tenants and licensees of the Grantor.
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and
appurtenances thereunto belonging to Grantee for public use and enjoyment for
the purposes aforesaid and for no other purpose whatsoever subject to the
terms and conditions hereinbefore stated.
4 PAGrS32
IN WITNESS WHEREOF, the said GRANTOR has caused this instrument to be
signed by Glacier Park Company, its attorney -in -fact, and the corporate seal
affixed on the _ 6 ? 5+h day of , 19a.
ACCEPTED: BURLINGTON NORTHERN RAILROAD COMPANY
CITY OF PUEBLO
b
orporati C
o, its attor gyai -fact.
T itle-.
Y R�Siv£�T of TtrE ou�vci.c
L'1
K �'ij ° °►►
SEAL
e
Y • ~
STATE OF WASHINGTON f °k„9010
ss.
COUNTY OF KING
ASSISTAMT VICE PRESI
ATTEST:
BY �--- --
DENN� .7YZ77L�:7 - --
AeC1STANT SECRETARY
On this 615 -bk day of C4-,, , 19 S�6 , before me personally
appeared I ARRY- LEOPOLO , an MN L. SCHILUNG , to me known
to be the ASSISTANT VICE PRESIDENT and ASSISTANT SECRETARY respectively,
of Glacier Par Company, a Delaware corporation, the corporation that executed
the foregoing instrument as attorney -in -fact for Burlington Northern Railroad
Company, a Delaware corporation, and acknowledged said instrument to be the
free and voluntary act and deed of said corporation, for the uses and purposes
therein mentioned, and on oath stated that they are authorized to execute said
instrument and that the seal affixed is the corporate seal of said
oor-poration.
x s.
WITNESS WHEREOF, I have hereto set my hand and affixed my seal the day
year first above written.
. F I-..
Notary NuD C
State of W s
Residing at.
My commission
ana Tor the
on
expires:
8.E2.17