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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