HomeMy WebLinkAbout7807Reception #: 1159146 Date: 02/28/1997 Time: 130 Book: 2974 Page: 27 Chris C. Munoz
Inst: RES R Fee: 35.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 7 Pueblo Co.Clk. &Rec.
RESOLUTION N0. 7807
A RESOLUTION OF INTENT AND AUTHORIZATION TO
ACQUIRE REAL PROPERTY FOR THE HISTORIC ARKANSAS
RIVERWALK PROJECT
WHEREAS, the City will undertake the construction and installation of
the Historic Arkansas Riverwalk Project, and
WHEREAS, certain real property is necessary and required for the Historic
Arkansas Riverwalk Project; now, therefore,
BE IT RESOLVED BY THE CITY - COUNCIL OF PUEBLO, that:
SECTION 1.
The City Council hereby finds and determines that the interest of the
City of Pueblo and its residents, the preservation of the public health,
safety and general welfare, and the public need, interest and necessity
will be served by the Historic Arkansas Riverwalk Project and the acquisi-
tion of real property for such Project located in Pueblo County, Colorado,
and described on Exhibits "A" and "B ", attached hereto, and that the Historic
Arkansas Riverwalk Project be used, constructed and developed in a manner
necessary and convenient for public use and purposes.
CCrTTONI 7
The City Council does hereby further find and determine that it is
necessary and desirable and in the best interest of the City to acquire title
to and possession of the real property described in Exhibits "A" and "B"
attached hereto, for the Historic Arkansas Riverwalk Project.
SECTION 3.
The City Manager or his designated representative be and hereby is
authorized to give notice pursuant to 3 38 -1 -121 C.R.S. of City's intent to
Book: 2974 Page: 28 Chris C. Munoz
Page: 2 of 7 Pueblo Co.Clk. &Rec.
acquire the real property and to negotiate in good faith for and on behalf
of the City with the owner or owners of the property for the purchase thereof
by the City. If such negotiations for the purchase of the property are un-
successful, the City Attorney is hereby authorized and empowered to insti-
tute such condemnation proceedings as may be lawful in the name of the City
for the acquisition of the property through the exercise of the City's power
of eminent domain.
SECTION 4.
All funds advanced and paid for the acquisition of the real property
and all costs and expenses associated therewith, whether advanced by the City
or the Pueblo Conservancy District, shall be repaid out of the Historic
Arkansas Riverwalk Project bonds.
O.FrTTn ;
This Resolution shall become effective upon final passage.
0
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"Afi� =SST
City Clerk
INTRODUCED FPhniary 12 ,1996
By__ Al Gurule
Councilperson
APPROVED:
By
P esident of he Council
- 2 -
i
Book: 2974 Page: 29 Chris C. Munoz
Page: 3 of 7 Pueblo Co.Clk. &Rec.
MISSOURI PACIFIC RAILROAD COMPANY
Pueblo, Pueblo County, Colorado
M.P. 817.00 - Hoisington Subdivision
EXHIBIT "A"
PARCEL 1
All those certain portions of land situate in SE %NW% and the SW /NE% of Section 36,
Township 20 South, Range 65 West of the Eighth Principal Meridian in the City of Pueblo, Pueblo
County, Colorado, said portions being more particularly described as follows:
The whole of fractional Block 150 and the alley across said block as heretofore acquired
by Andrew McClelland, Trustee, (predecessor to Missouri Pacific Railroad Company) from The
Colorado Coal and Iron Company by Warranty Trust Decd dated May 13, 1887, recorded
December 9, 1887 in Book 58, Page 118 of the records of Pueblo County, Colorado; that portion
of "E" Street adjoining said block as heretofore vacated by Ordinance No. 51 dated May 10, 1887
and acquired by said Andrew McClelland by said Warranty Trust Deed; and a strip of land off of
the southwesterly bank of the Official Channel of the Old Arkansas River as heretofore acquired
by Missouri Pacific Railroad Company from the Pueblo Conservancy District by Warranty Deed
dated July 10, 1928, recorded September 2, 1930 in Book 732, Page 5 of the records of said
county.
Excepting therefrom that portion or strip as heretofore conveyed by Missouri Pacific
Railroad Company to The City of Pueblo, Colorado by Quit Claim Deed dated February 13, 1973.
Containing a net area of 10,645 square feet or 0.244 of an acre, more or less.
PARCEL 2
All those certain portions of land situate in SE %NW %. and the SW /.NE% of Section 36,
Township 20 South, Range 65 West of the Eighth Principal Meridian in the City of Pueblo, Pueblo
County, Colorado, said portions being more particularly described as follows:
The whole of fractional Block 140 and the alley across said block as heretofore acquired
by Andrew McClelland, Trustee, (predecessor to Missouri Pacific Railroad Company) from The
Colorado Coal and Iron Company by Warranty Trust Deed dated May 13, 1887, recorded
December 9, 1887 in Book 58, Page 118 of the records of Pueblo County, Colorado; that portion
of "E" Street adjoining said block as heretofore vacated by Ordinance No. 51 dated May 10, 1887
and acquired by said Andrew McClelland by said Warranty Trust Deed; and a strip of land off of
the southwesterly bank of the Official Channel of the Old Arkansas River as heretofore acquired
by Missouri Pacific Railroad Company from the Pueblo Conservancy District by Warranty Deed
dated July 10, 1928, recorded September 2, 1930 in Book 732, Page 5 of the records of said
county.
Excepting therefrom that portion or strip as heretofore conveyed by Missouri Pacific
Railroad Company to The City of Pueblo, Colorado by Quit Claim Deed dated February 13, 1973.
Containing a net area of 10,059 square feet or 0.231 of an acre, more or less.
PARCEL 3
All those certain portions of land situate in SE %NW% and the NE' /.SW% of Section 36,
Township 20 South, Range 65 West of the Eighth Principal Meridian in the City of Pueblo, Pueblo
County, Colorado as heretofore acquired by Andrew McClelland, Trustee, (predecessor to
Book: 2974 Page: 30 Chris C. Munoz
Page: 4 of 7 Pueblo CO.Clk.&Rec.
Missouri Pacific Railroad Company) from The Colorado Coal and Iron Company by Warranty
Trust Deed dated May 13, 1887, recorded December 9, 1887 in Book 58, Page 118 of the
records of Pueblo County, Colorado; that portion of "E" Street adjoining said block as heretofore
vacated by Ordinance No. 51 dated May 10, 1887 and acquired by said Andrew McClelland by
said Warranty Trust Deed; by The Pueblo and State Line Railroad Company (predecessor to
Missouri Pacific Railroad Company) from The Pueblo and Arkansas Valley Railroad Company by
Quitclaim Deed dated January 18, 1890, recorded July 28, 1890 in Book 96, Page 3 and Plat
Book 6, Page 6 of said county records; and a strip of land off of the southwesterly bank of the
Official Channel of the Old Arkansas River as heretofore acquired by Missouri Pacific Railroad
Company from the Pueblo Conservancy District by Warranty Deed dated July 10, 1928, recorded
September 2, 1930 in .Book 732, Page 5 of the records of said county, said portions being more
particularly described as follows:
BEGINNING at the east comer of Lot 17, Block 40 of the Original Town of South Pueblo
(Colorado Coal Company and Iron Company's Addition No. 2), said comer being the point of
intersection of the southwesterly line of vacated "E" Street, 80.00 feet wide, and the
northwesterly line Victoria Avenue, 80.00 feet wide;
thence N45 along said southwesterly line of said "E" Street a distance of 340.00
feet to a point in the centerline of Lamkin Street, 80.00 feet wide, and the northeast comer of the
firstly described triangular parcel of land as heretofore conveyed by Guy A. Thompson, Trustee,
Missouri Pacific Railroad Company to Southern Colorado Power Company by Quitclaim Deed
dated November 8, 1946;
thence N60 along the north line of said conveyed parcel a distance of 186.82
feet to a point in the centerline of the alley in Block 30 of said addition and the northeast comer of
the secondly described triangular parcel of land in said deed of conveyance to said Southern
Colorado Power Company;
thence N77 °5322"W along the north line of said triangular parcel a distance of 178.63
feet to the most westerly comer of Lot 11 of said Block 30, said comer being in the southeasterly
line of vacated 2nd Street, 80.00 feet wide;
thence N77 0 00'20 "W, crossing said 2nd Street, a distance of 94.34 feet to the most
easterly comer of Lot 25, Block 20;
thence S45 °00'00"W along the northwest line of said street and the southeast line of said
Lot 25 a distance of 25.00 feet to the most southerly comer of said lot;
thence N45 °00'00"W along the southwest line of said Lot 25 a distance of 38.50 feet;
thence N82 0 16'20'W a distance of 288.97 feet to a point in the southwesterly line of Lot 1
of said Block 20;
thence N45 0 00'00 "W along said southwesterly line and its northwesterly prolongation a
distance of 54.50 feet;
thence S82 0 16'20 "E a distance of 268.97 feet to the point of beginning of a curve,
concave northerly, having a radius of 637.27 feet and whose radial line bears N07 °43'40 "E;
thence easterly along said curve through a central angle of 24 0 01'08" a distance of
267.15 feet, more or,less, to a point in the northwesterly line of aforesaid Block 30, said point
being in the southeasterly line of aforesaid vacated 2nd Street;
thence N45 0 00'00 "E along the northwestltne of said block a distance of 15.48 feet, more
or less, to a point'in a nontangent curve, concave southwesterly, having a radius of
approximately 725.00 feet and whose radial line bears SO ° 12'09 "W;
thence southeasterly along said curve through a central angle of 34 0 53'49" a distance of
441.59 feet, more or less, to the northwest comer of that thirdly described parcel of land as
heretofore acquired by Missouri Pacific Railroad Company from the Pueblo Conservancy District
by Warranty Deed dated July 10, 1928, recorded September 2, 1930 in Book 732, Page 5 of the
records of said county,
thence S46 °30'02 "E along the northeast line of said parcel a distance of 265.09 feet to a
Book: 2974 Page: 31 Chris C. Munoz
Page: 5 of 7 Pueblo Co.Clk. &Rec.
aforesaid northwesterly line of aforesaid Victoria Street;
thence S45 °00'00"W along said street line a distance of 128.07 feet to the point of
BEGINNING
Containing an area of 106,635 square feet or 2.448 acres, more or less.
Office of Contracts and Real Estate
Omaha,, Nebraska
January 10, 1996
Written by. DOB
pueblo.co
395-88
Book: 2974 Page: 32 Chris C. Munoz
Page: 6 of 7 Pueblo Co.C1k.&Rec.
EXHIBIT "B"
PARCEL 1.
All of the properties not owned by the City of Pueblo and located
within the following described parcel:
All of Block 15, including all of the vacated alley located within
said block, in the State Addition to the City of Pueblo, according
to the recorded plat as filed for record on January 28, 1878.
Said parcel contains approximately 0.4 acres more or less.
PAR CEL 2.
A tract of land located in the SW4 NE-I, of Section 36, T -20 -S, Range
65 West of the 6th PM. And being within Lots 11 and 12, Block 14 of
State Addition to the City of Pueblo as filed for record on January 28,
1878 and being more particularly described as follows:
Beginning at a point on the South line of Lot 11 of said Block 14, from
which the SW corner of said Lot 11 bears Westerly a distance of 5.32 ft.;
thence Easterly along the South line of said Lots 11 and 12 a distance of
60.00 ft. more or less; thence Northwesterly along the arc of a curve to
the right a distance of 39.00 ft. more or less, said curve having a radius
of 267.50 ft. and a central angle of 8 more or less; thence South-
westerly a distance of 29.00 ft. more or less to the point of beginning.
PARCEL 3.
A tract of land located in the SW- NE-I, of Section 36, T -20 -S, Range 65
West of the 6th PM. And being within Lots 10 and 11, Block 14, of State
Addition to the City of Pueblo as filed for record on January 28, 1878,
and being more particularly described as follows:
Beginning at a point on the South line of Lot 11 of said Block 14 from
which the SW corner of said Lot 11 bears Westerly a distance of 5.32 ft.;
thence Northeasterly along the Northwest line of Book 2732 at Page 446
of the Pueblo County Records, a distance of 29.00 ft. more or less;
thence Northwesterly along the arc of a curve to the right a distance of
90.43 ft. more or less to a point on the Easterly line of a tract of land
described in Book 1301 at Pages 543 and 544 of the Pueblo County Records,
said curve having a radius of 267.50 ft. and a central angle of 19
more or less; thence Southeasterly along said Easterly line a distance of
71.00 ft. more or less; thence Southwesterly a distance of 14.00 ft.
(deed distance) to a point on the South line of said Lot 10; thence
Easterly along the South line of said Lot 10 and Lot 11 to the point of
beginning.
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Reception #: 1159147 Date: 02/28/1997 Time: 132 Book: 2974 Page: 34 Chris C. Munoz
Inst: PRL MG R Fee: 30.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 6 Pueblo Co.Clk. &Rec.
Pueblo, Pueblo County, Colorado No. 7.01 -96 -61
City of Pueblo, Colorado �
Date: dX Ce
RELEASE (PARTIAL) OF MORTGAGE LIENS
THE BOATMEN'S NATIONAL BANK OF ST. LOUIS, a corporation organized
and existing under the laws of the United States of America, Trustee under the First
Mortgage dated January 1, 1955, from Missouri Pacific Railroad Company (hereinafter
called the Company) to the Boatmen's National Bank of St. Louis, as Trustee, THE CHASE
MANHATTAN BANK, a New York corporation (formerly Chemical Bank and Manufacturers
Trust Company and Manufacturers Hanover Trust Company), as Corporate Trustee, and
DONNELL REID, of St. Louis, Missouri, as Successor Individual Trustee, under the
General (Income) Mortgage, dated January 1, 1955, from the Company to Manufacturers
Hanover Trust Company (now The Chase Manhattan Bank) and Charles Herman (Donnell
Reid now Successor Individual Trustee), as Trustees, in consideration of compliance by
the Company with applicable provisions of Article Seven of said Mortgages (which term
shall include supplements thereto, if any), hereby RELEASE AND DISCHARGE from the
liens of the Mortgages, in the order of their priority, the following described property or
interests in property conveyed or transferred by the Company to CITY OF PUEBLO,
COLORADO (hereinafter referred to as the Grantee or Grantees), as described in Exhibit
A, hereto attached and hereby made a part hereof and do hereby CERTIFY and CONFIRM
to the Company and the Grantee (or Grantees, as the case may be), their respective
successors and assigns, that said property or interests in property are free from the liens
of said Mortgages. The property described in Exhibit A hereto attached is the same
property described in Quitclaim Deed, dated September 23 ,1996, and is subject to the
reservations, exceptions and conditions set forth therein.
The undersigned, as Trustees as aforesaid, hereby request and direct any
officer (including the recorder of the city, county or parish wherein the aforesaid property
is located) having charge and custody of any records where said Mortgages may be filed
and recorded (with respect to the aforesaid property) to (i) satisfy and discharge of record
the Mortgages, and (ii) to enter upon the margin of the record the satisfaction, release and
discharge of the liens of the Mortgages, in each instance insofar as, but only insofar as,
the hereinbefore described property is concerned, and no further; and for said purpose (but
for no other) do hereby constitute and appoint any such officer as their agent and attorney
G ALA W A D M\PAR V M L \96 -61. R E L
Book: 2974 Page: 35 Chris C. Munoz
Page: 2 of 6 Pueblo Co.Clk. &Rec.
with power and authority to accomplish the foregoing release and satisfaction with respect
to only said property.
No warranty of any character is made, assumed or undertaken by the
undersigned, either as such Trustees or individually, and none shall be implied against
them, or any of them, by reason of the execution and delivery of this instrument.
On September 8, 1961, pursuant to the laws of the State of New York, The
Hanover Bank, a New York corporation, was duly merged into Manufacturers Trust
Company, under the name Manufacturers Hanover Trust Company, and on June 19, 1992,
pursuant to the laws of the State of New York, Manufacturers Hanover Trust Company was
duly merged into Chemical Bank, a New York corporation. On July 14, 1996, pursuant to
the laws of the State of New York, Chemical Bank changed its name to The Chase
Manhattan Bank, a New York corporation. The Chase Manhattan Bank continues to be
and is now the duly constituted and acting Corporate Trustee under the General (Income)
Mortgage herein described.
On January 1, 1976, pursuant to Sections 12.04 and 12.05 of the General
(Income) Mortgage, Mr. Charles Herman resigned as Individual Trustee and pursuant to
Section 12.05 of the said General (Income) Mortgage and, acting under the authority
granted him by the Company's Board of Directors, the President of the Company duly
appointed Mr. Donald B. Wehrmann as Successor Individual Trustee under the General
(Income) Mortgage. Mr. Donald B. Wehrmann died on April 1, 1979. On June 1, 1979,
pursuant to Section 12.05 of the said General (Income) Mortgage and, acting under the
authority granted him by the Company's Board of Directors, the President of the Company
duly appointed Mr. Donnell Reid as Successor Individual Trustee under the General
(Income) Mortgage. Donnell Reid continues to be and is now the duly constituted and
acting Successor Individual Trustee under the General (Income) Mortgage herein
described.
The Company's First Mortgage is recorded in Book 1293, Page 136, in the
records of the Recorder of Deeds of Pueblo County, Colorado.
A Supplemental Indenture dated November 1, 1978 to the Company's First
Mortgage is recorded in Volume 1985, Page 765, in the records of the Recorder of Deeds
of Pueblo County, Colorado.
The Company's General (Income) Mortgage is recorded in Book 1293, Page
251, in the records of the Recorder of Deeds of Pueblo County, Colorado.
A Supplemental Indenture dated November 1, 1978 to the Company's
General (Income) Mortgage is recorded in Volume 1998, Page 887, Document No.
615815, in the records of the Recorder of Deeds of Pueblo County, Colorado.
GALAWADM\PARUML\96- 61.REL 2
Book: 2974 Page: 36 Chris C. Munoz
Page: 3 of 6 Pueblo Co.C1k.&Rec.
IN WITNESS WHEREOF, THE BOATMEN'S NATIONAL BANK OF
ST. LOUIS, pursuant to due corporate authority, has caused this instrument to be signed
in its corporate name by a duly authorized officer, and its corporate seal to be affixed
hereto and the same to be attested by the signature of a Trust Officer; and THE CHASE
MANHATTAN BANK, pursuant to due corporate authority, has caused this instrument to
be signed in its corporate name by a duly authorized officer, and its corporate seal to be
affixed hereto and the same to be attested by the signature of a Trust Officer; and
DONNE LL REID has hereto set his hand all as of the day and year first above written.
Y
r te ' '• �� f _ p �'� �
�4tt� � .�� inn � 0. � ✓�
Al l
,1 .....••.. • ..
Trust - Officer..'
THE BOATMEN'S NATIONAL BANK OF
ST. LOUIS, as Corporate Trustee
under the First Mortgage
g
Titl
THE CHASE
as Corpor Tru
General (I =e
TTAN BANK,
under the
rtgage
President
6p'�� ki
DONNELL REID, Successor Individual
Trustee under the General (Income) Mortgage
GALAWADM\PARUML\96- 61.REL 3
Book: 2974 Page: 37 Chris C. Munoz
Page: 4 of 6 Pueblo Co.Clk. &Rec.
STATE OF MISSOURI
COUNTY OF ST. LOUIS
ss.
I, ,16 j 1' `arse i ncs `n the undersigned officer, a notary public duly
qualified, commissio ed, sworn and acting in and for said City in said State, hereby certify
that on this I t, day of Dtc e, be r , 19 q 6 .
Before me appeared Ctascjui n , to me
personally known to be the person whose name is subscribed to the foregoing instrument
as a TRUST GFEN of The Boatmen's National Bank of St. Louis,
as Corporate Trustee under the First Mortgage, dated January 1, 1955, of Missouri Pacific
Railroad Company, and acknowledged to me that he /she executed the same for the
purposes and consideration therein expressed and in the capacity therein stated as the
free act and deed of said Corporate Trustee; and, being by me first duly sworn,
acknowledged that one of the seals affixed to the foregoing instrument is the corporate
seal of The Boatmen's National Bank of St. Louis, and that said instrument was signed and
sealed in its behalf by the authority of its Board of Directors.
I am not a director or officer of The Boatmen's National Bank of St. Louis.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of
office the day and year first above written.
(
1 4 �1 l
JOY
]VOTARY IG 6 e ,� 5!S; OJRI
SIN gqu4S 0 04Im
%CPMMISSIGN E� �Ij4i gt( 1' 1 lggg
Sr 4
My Commission Expires:
, &t . - 16, /C/)Is,
(Notarial Seal)
Notary Public
GALAWADM\PARUML \96- 61.REL 4
Book: 2974 Page: 38 Chris C. Munoz
Page: 5 of 6 Pueblo Co.Clk. &Rec.
STATE OF NEW YORK )
ss.
COUNTY OF NEW YORK)
t :,;ILLY q=AvAN
the undersigned officer, a notary public duly
qualified, commissl d, sworn d acting in and for said County in said State, hereby
certify that on this day of , 19.
Before me appeared W R r nGE , to me personally
known to be the person whose name is subscribed to the foregoing instrument as Aeeief�
Vice President of The Chase Manhattan Bank, A New York corporation, as Corporate
Trustee under the General (Income) Mortgage, dated January 1, 1955, of Missouri Pacific
Railroad Company, and acknowledged to me that he /she executed the same for the
purposes and consideration therein expressed and in the capacity therein stated as the
free act and deed of said Corporate Trustee; and, being by me first duly swom, did depose
and say that he /she resides at 3582 Kenora P1. 5eaf'ora N.Y. , that
he /she is AeeW&W Vice President of The Chase Manhattan Bank, one of the corporations
described in and which executed the foregoing instrument; that he /she knows the seal of
said corporation; that one of the seals affixed to the foregoing instrument is such corporate
seal, that it was so affixed by order of the Board of Directors of said corporation, and that
he /she signed his /her name thereto by like order.
I am not a director or executive officer of The Chase Manhattan Bank.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of
office the day and year first above written.
� J
otary Vic
My Commission Expires:
EMILY FAYAN
Notary Public, State of New York
No. 24.47370%
(Nb "l Seal) Qualified in Kings County �
N 1 ' a p x Z Commissiioon Expires December 31,1997
U�q tC 1
GALAWADM\PAR\JML\96- 61.REL 5
Book: 2974 Page: 39 Chris C. Munoz
Page: 6 of 6 Pueblo Co.Clk. &Rec.
STATE OF MISSOURI
COUNTY OF ST. LOUIS
ss.
the undersigned officer, a notary
public duly qualified, commissiongd,_swor d acting in an¢ for said City in said State,
hereby certify that on thi4� day -�f , 19
Before me personally appeared DONNELL REID, to me known to be the
person described in and who executed the foregoing instrument, and acknowledged that
he /she executed the same as Successor Individual Trustee under the General (Income)
Mortgage referred to in the foregoing instrument, for the purposes and consideration
therein expressed and in the capacity therein stated, and as his /her free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of
office the day and year first above written.
�.� .,. MABREY
is — Notary Seal
rs, °oF MISSOURI
--)u is County
I y av : n 5 - Expires: Jan. 2, 1999
My Commission Expires:
(Notarial Seal)
caVULI
toOTnRY
F
or i
Nota blic
GALAWADM\PARUM096- 61.REL 6
It
Reception #: 1141100 Date: 10/01/1996 Time: 202 Book: 2933 Page: 704 Chris C. Munoz
Inst: QUIT R Fee: 35.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 7 Pueblo Co.Clk. &Rec.
Original.
QUITCLAIM DEED
MISSOURI PACIFIC RAILROAD COMPANY, a Delaware corporation,
Grantor, in consideration of the sum of Ten Dollars ($10.00), and other valuable
consideration, to it duly paid, the receipt whereof is hereby acknowledged, does hereby
REMISE, RELEASE and forever QUITCLAIM unto the CITY OF PUEBLO, a municipal
corporation of the State of Colorado, Grantee, whose address is Department of Public
Works, 211 East "D" Street, Pueblo, Colorado 81003, and unto its successors and assigns
forever, all of Grantor's right, title, interest, estate, claim and demand, both at law and in
equity, of, in, and to the real estate (hereinafter the "Property ") situated in Pueblo County,
State of Colorado, as more particularly described in Exhibit A, hereto attached and hereby
made a part hereof, including all track and ties located on the Property.
EXCEPTING from this quitclaim and RESERVING unto Grantor, its
successors and assigns, all coal, oil, gas, and the minerals and mineral rights of whatever
nature or description, kind or character, like or unlike, known or unknown, and whether
occurring in solid, liquid, vaporous or other and different forms in, on or under the
Property; provided, however, that no operation of investigating, exploring, prospecting or
mining for or storing or transporting said minerals or any of them, shall be conducted or
placed upon the Property.
It is expressly understood that the subjacent support of the Property may
have been impaired by mining operations heretofore carried on beneath the surface
thereof, and the quitclaiming of the Property is upon the condition that Grantor, its
successors and assigns, shall not be liable for damages resulting therefrom.
By its acceptance of this Deed, the Grantee confirms and acknowledges that
the Grantor is nQt making any warranty of any kind, express or implied, with respect to the
merchantability or fitness for any particular purpose of the Property, track and /or ties; it
being understood that Grantee is purchasing the Property, track and ties described above
in an "as is" and "where is" condition with all faults.
G ALAWADM \PAR \KJO \395- 88.0CD
Book: 2933 Page: 705 Chris C. Munoz
Page: 2 of 7 Pueblo Co.Clk. &Rec.
TOGETHER with all and singular the hereditaments and appurtenances
thereunto belonging; TO HAVE AND TO HOLD, subject to the aforesaid provisions, the
Property unto the said Grantee and unto its successors and assigns.
Grantor, Federal I.D. No. 43-1118635, is not a foreign corporation and
withholding of Federal Income Tax from the amount realized will not be made by Grantee.
A Certification prepared in conformance with IRS regulations under Section 1445 of the
Internal Revenue Code is attached as Exhibit B.
IN W1 NESS W R the Grantor has caused this deed to be duly
executed as of th day of
Attest: MISSOURI PACIFIC RAILROAD COMPANY,
f s ' t tecretary Title: Assistant Vice President
S 1
GALAWADM \PAR \KJ0 \395 -U.0CD 2
Book: 2933 Page: 706 Chris C. Munoz
Page: 3 of 7 Pueblo Co.C1k.&Rec.
ACKNOWLEDGEMENT
STATE OF NEBRASKA )
ss.
COUNTY OF DOUGLAS )
On 19 1 �6 , before me, k - :?4-ePJ" , a
Notary Public in and for said County and State, personally appeared
r l �'�� and
R. C. INGRAM
who are the /k� _V lcel and the
Assistant Secretary, respectively, of Missouri Pacific Railroad Company, a Delaware
corporation, and who are personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names are subscribed to in the within
instrument, and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity upon
behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
GENErRAI tOTAAY -State of Ne�raska
MiLU M. SCNEER
-" My Comm. Exp. August t7, 1997
It t-1 ( ) . ;
Notary Public
(Seal)
GALAWADM\PAMM0 \395.88 =1) 3
Book: 2933 Page: 707 Chris C. Munoz
Page: 4 of 7 Pueblo Co.Clk. &Rec.
MISSOURI PACIFIC RAILROAD COMPANY
Pueblo, Pueblo County, Colorado
M.P. 817.00 - Hoisington Subdivision
EXHIBIT "A"
PARCEL 1
All those certain portions of land situate in SE'/NW% and the SW %NEY4 of Section 36,
Township 20 South, Range 65 West of the Eighth Principal Meridian in the City of Pueblo, Pueblo
County, Colorado, said portions being more particularly described as follows:
The whole of fractional Block 150 and the alley across said block as heretofore acquired
by Andrew McClelland, Trustee, (predecessor to Missouri Pacific Railroad Company) from The
Colorado Coal and Iron Company by Warranty Trust Deed dated May 13, 1887, recorded
December 9, 1887 in Book 58, Page 118 of the records of Pueblo County, Colorado; that portion
of "E" Street adjoining said block as heretofore vacated by Ordinance No. 51 dated May 10, 1 887
and acquired by said Andrew McClelland by said Warranty Trust Deed; and a strip of land off of
the southwesterly bank of the Official Channel of the Old Arkansas River as heretofore acquired
by Missouri Pacific Railroad Company from the Pueblo Conservancy District by Warranty Deed
dated July 10, 1928, recorded September 2, 1930 in Book 732, Page 5 of the records of said
county.
Excepting therefrom that portion or strip as heretofore conveyed by Missouri Pacific
Railroad Company to The City of Pueblo, Colorado by Quit Claim Deed dated February 13, 1973.
Containing a net area of 10,645 square feet or 0.244 of an acre, more or less.
PARCEL 2
All those certain portions of land situate in SE %NW' /. and the SW %NE% of Section 36,
Township 20 South, Range 65 West of the Eighth Principal Meridian in the City of Pueblo, Pueblo
County, Colorado, said portions being more particularly described as follows:
The whole of fractional Block 140 and the alley across said block as heretofore acquired
by Andrew McClelland, Trustee, (predecessor to Missouri Pacific Railroad Company) from The
Colorado Coal and Iron Company by Warranty Trust Deed dated May 13, 1887, recorded
December 9, 1887 in Book 58, Page 118 of the records of Pueblo County, Colorado; that portion
of "E" Street adjoining said block as heretofore vacated by Ordinance No. 51 dated May 10, 1887
and acquired by said Andrew McClelland by said Warranty Trust Deed; and a strip of land off of
the southwesterly bank of the Official Channel of the Old Arkansas River as heretofore acquired
by Missouri Pacific Railroad Company from the Pueblo Conservancy District by Warranty Deed
dated July 10, 1928, recorded September 2, 1930 in Book 732, Page 5 of the records of said
county.
Excepting therefrom that portion or strip as heretofore conveyed by Missouri Pacific
Railroad Company to The City of Pueblo, Colorado by Quit Claim Deed dated February 13, 1973.
Containing a net area of 10,059 square feet or 0.231 of an acre, more or less.
PARCEL 3
All those certain portions of land situate in SEY4NW' /. and the NE %SW% of Section 36,
Township 20 South, Range 65 West of the Eighth Principal Meridian in the City of Pueblo, Pueblo
County, Colorado as heretofore acquired by Andrew McClelland, Trustee, (predecessor to
Book: 2933 Page: 708 Chris C. Munoz
Page: 5 of 7 Pueblo Co.Clk. &Rec.
Missouri Pacific Railroad Company) from The Colorado Coal and Iron Company by Warranty
Trust Deed dated May 13, 1887, recorded December 9, 1887 in Book 58, Page 118 of the
records of Pueblo County, Colorado; that portion of "E" Street adjoining said block as heretofore
vacated by Ordinance No. 51 dated May 10, 1887 and acquired by said Andrew McClelland by
said Warranty Trust Deed; by The Pueblo and State Line Railroad Company (predecessor to
Missouri Pacific Railroad Company) from The Pueblo and Arkansas Valley Railroad Company by
Quitclaim Deed dated January 18, 1890, recorded July 28, 1890 in Book 96, Page 3 and Plat
Book 6, Page 6 of said county records; and a strip of land off of the southwesterly bank of the
Official Channel of the Old Arkansas River as heretofore acquired by Missouri Pacific Railroad
Company from the Pueblo Conservancy District by Warranty Deed dated July 10, 1928, recorded
September 2, 1930 in .Book 732, Page 5 of the records of said county, said portions being more
particularly described as follows:
BEGINNING at the east comer of Lot 17, Block 40 of the Original Town of South Pueblo
(Colorado Coal Company and Iron Company's Addition No. 2), said comer being the point of
intersection of the southwesterly line of vacated "E" Street, 80.00 feet wide, and the
northwesterly line Victoria Avenue, 80.00 feet wide;
thence N45 °00'00 "W along said southwesterly line of said "E" Street a distance of 340.00
feet to a point in the centerline of Lamkin Street, 80.00 feet wide, and the northeast comer of the
firstly described triangular parcel of land as heretofore conveyed by Guy A. Thompson, Trustee,
Missouri Pacific Railroad Company to Southern Colorado Power Company by Quitclaim Deed
dated November 8, 1946;
thence N60 0 31'27 "W along the north line of said conveyed parcel a distance of 186.82
feet to a point in the centerline of the alley in Block 30 of said addition and the northeast comer of
the secondly described triangular parcel of land in said deed of conveyance to said Southern
Colorado Power Company;
thence N77 °53'22 "W along the north line of said triangular parcel a distance of 178.63
feet to the most westerly comer of Lot 11 of said Block 30, said comer being in the southeasterly
line of vacated 2nd Street, 80.00 feet wide;
thence N77 °00'20 "W, crossing said 2nd Street, a distance of 94.34 feet to the most
easterly comer of Lot 25, Block 20;
thence S45 11 00'00 "W along the northwest line of said street and the southeast line of said
Lot 25 a distance of 25.00 feet to the most southerly comer of said lot;
thence N45 °00'00 "W along the southwest line of said Lot 25 a distance of 38.50 feet;
thence N82 °16'20 "W a distance of 288.97 feet to a point in the southwesterly line of Lot 1
of said Block 20;
thence N45 0 00'00 "W along said southwesterly line and its northwesterly prolongation a
distance of 54.50 feet;
thence S82 °16'20 "E a distance of 288.97 feet to the point of beginning of a curve,
concave northerly, having a radius of 637.27 feet and whose radial line bears N07 °43'40 "E;
thence easterly along said curve through a central angle of 24 0 01'08" a distance of
267.15 feet, more or less, to a point in the northwesterly line of aforesaid Block 30, said point
being in the southeasterly line of aforesaid vacated 2nd Street;
thence N45 11 00'00 "E along the northwest line of said block a distance of 15.48 feet, more
or less, to a point in a nontangent curve, concave southwesterly, having a radius of
approximately 725.00 feet and whose radial line bears S01 "12'09 "W;
thence southeasterly along said curve through a central angle of 34 0 53'49" a distance of
441.59 feet, more or less, to the northwest comer of that thirdly described parcel of land as
heretofore acquired by Missouri Pacific Railroad Company from the Pueblo Conservancy District
by Warranty Deed dated July 10, 1928, recorded September 2, 1930 in Book 732, Page 5 of the
records of said county;
thence S46 °30'02 "E along the northeast line of said parcel a distance of 265.09 feet to a
aforesaid northwesterly line of aforesaid Victoria Street;
thence S45 0 00'00' W along said street line a distance of 128.07 feet to the point of
BEGINNING
Containing an area of 106,635 square feet or 2.448 acres, more or less.
Boob: 2933 page:
Page: 6 of 7
Office of Contracts and Real Estate
Omaha, Nebraska
January 10, 1996
log Chris C, Munoz
Pueblo Co,Clk, &Rec.
Written by: DDB
pueblo.co
395 -88
Book: 2933 Page: 710 Chris C. Munoz
Page: 7 of 7 Pueblo Co.Clk. &Rec.
EXHIBIT B
CERTIFICATION OF NON - FOREIGN STATUS
Under Section 1445(e) of the Internal Revenue Code, a corporation,
partnership, trust, or estate must withhold tax with respect to certain transfers of property
if a holder of an interest in the entity is a foreign person. To inform the transferee that no
withholding is required with respect to MISSOURI PACIFIC RAILROAD COMPANY's
interest in it, the undersigned hereby certifies the following on behalf of MISSOURI
PACIFIC RAILROAD COMPANY:
MISSOURI PACIFIC RAILROAD COMPANY is not a foreign corporation, foreign
partnership, foreign trust, or foreign estate (as those terms are defined in the
Internal Revenue Code and Income Tax Regulations);
2. MISSOURI PACIFIC RAILROAD COMPANY's U.S. employer identification number
is 43- 1118635 and state of incorporation is Delaware; and
3. MISSOURI PACIFIC RAILROAD COMPANY's office address is 1416 Dodge Street,
Omaha, Nebraska 68179-1100.
MISSOURI PACIFIC RAILROAD COMPANY agrees to inform the transferee
if it becomes a foreign person at any time during the three year period immediately
following the date of this notice.
MISSOURI PACIFIC RAILROAD COMPANY understands that this
certification may be disclosed to the Internal Revenue Service by the transferee and that
any false statement contained herein could be punished by fine, imprisonment, or both.
Under penalties of perjury I declare that I have examined this certification and
to the best of my knowledge and belief it is true, correct, and complete, and I further
declare that I have authority to sign this document on behalf of MISSOURI PACIFIC
RAILROAD COMPANY.
s
Title: Assistant Vice President
Date:
GALAWADM \PAR \KJ 0 \395- 88.QCD
f
CONTRACT TO BUY AND SELL REAL ESTATE
(POSSESSION DELIVERED AT CLOSING)
Contract entered into as of October 2, 1996 by and between the City of Pueblo, a Municipal
Corporation, 1 City Hall Place, Pueblo, Colorado (herein "Purchaser ") and Jerome L. Crane of
Pueblo, Colorado (herein "Seller "),
WITNESSETH:
1. Seller shall sell and convey, and the Purchaser shall purchase subject to and upon the
terms and conditions stated herein, all of real property described in Exhibit "A" attached hereto and
incorporated herein located in Pueblo County, Colorado, together with all tenements, hereditaments,
appurtenances, and easements thereunto belonging or appertaining, all buildings, structures, fixtures,
additions and improvements thereon, and all adjacent vacated streets, alleys and public rights of
way, if any, in their present condition, ordinary wear and tear excepted (the "Property ").
2. The purchase price is $2,100.00 payable in cash or certified funds at closing.
3. The date of closing shall be October 18, 1996, or by mutual agreement, at an earlier
date. The hour and place of closing shall be as designated by Purchaser.
4. Title shall be conveyed to City by quit claim deed. Seller represents that title to the
property is free of liens and encumbrances created by the acts or defaults of Seller.
5. General taxes for the year of closing based upon the most recent assessment and most
recent levy, water charges and sewer charges shall be apportioned to date of closing.
6. Possession of the Property shall be delivered to Purchaser on date of closing free and
clear of all leases or tenancies.
7. Time is of the essence hereof. If any note or check received as earnest money
hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any
other obligation hereunder is not performed as herein provided the non - defaulting party shall have
the right to an action for specific performance or damages, or both, against the defaulting party.
8. Anything to the contrary herein notwithstanding, in the event of any litigation arising
out this Contract, the court shall award to the prevailing party all reasonable costs and expense,
including attorneys' fees.
9. Purchaser shall not become liable for or obligated to pay Seller's broker fee or similar
fee in connection with the sale and purchase herein contemplated. All such fees, if any, shall be
paid by Seller.
10. The singular shall include the plural and the masculine shall include the feminine or
neuter whenever the context requires.
11. This Contract contains the entire agreement and understanding of the parties hereto
and cannot be changed or modified except by written agreement signed by both parties. This
Contract shall be governed by and construed in accordance with the laws of the State of Colorado
and shall be binding upon and inure to the benefit of Seller and Purchaser and their respective heirs,
personal representatives, successors and assigns.
Executed the day and year first above written.
SELLER:
X �' e
Jerome L. Crane
PURCHASER
PUEBLO, A MUNICIPAL CORPORATION
By
City Manager
LEGAL DESCRIPTION
EXHIBIT A
A portion of Lots 11 and 12, Block 14 in the State Addition to Pueblo,
according to the recorded plat thereof, filed for record January 28, 1878
and being more particularly described as follows:
Considering the South line of said Block 14 to bear North 89 deg. 20 min.
48 sec. East and all bearings contained herein being relative thereto.
COMMENCING at the Southwest corner of said Lot 11,
thence North 89 deg. 20 min. 48 sec. East, along the South line of said
Lot 11, a distance of 5.32 feet to the Southwest corner of a tract of
land conveyed by deed recorded in Book 2732 at Page 446 of the Pueblo
County records and the TRUE POINT OF BEGINNING,
thence North 53 deg. 55 min. 46 sec. East (North 54 deg. 24 min. 13 sec.
East, deed), along the Northwesterly line of said tract of land, a
distance of 29.00 feet,.
thence Southeasterly, along the arc of a curve to the left whose center
bears North 28 deg. 26 min. 40 sec. East, and whose radius is 267.50
feet, a distance of 40.10 feet to the South line of said Lot 12,
thence South 89 deg. 20 min. 48 sec. West (South 89 deg. 55 min. West,
deed), along the said South line of Block 14, a distance of 60.00 feet to
the POINT OF BEGINNING, County of Pueblo, State of Colorado.
1
Q U I T C L A I M D E E D
THIS DEED, Made this 10TH day of OCTOBER, 1996 between
JEROME L. CRANE
of the County of Pueblo and State of Colorado, grantor,and
PUEBLO, A MUNICIPAL CORPORTION
whose legal address is 1 CITY HALL PLACE, PUEBLO, COLORADO 81003
of the County of Pueblo and State of Colorado, grantees:
WITNESSETH, That the grantor(s) for and in consideration of the sum of TWO THOUSAND
ONE HUNDRED AND 00 /100, ($2,100.00) Dollars, the receipt and sufficiency of which is
hereby acknowledged, HAS remised, released, sold and QUIT CLAIMED, and by these
presents DOES remise, release, sell and QUIT CLAIM unto the grantee(s), THEIR heirs,
successors and assigns forever, all right, title, interest, claim and demand which the
grantor(s) HAS in and to the real property, together with improvements, if any,
situate, lying and being in the County of Pueblo and State of Colorado, described as
follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known by street and number as Vacant Ground, Pueblo, Colorado 81003
TO HAVE AND TO HOLD the same, together with all and singular appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate,
right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to
the only proper use, benefit and behoof of the grantee(!), THEIR heirs and assigns forever.
IN WITNESS WHEREOF, The grantor(s) HAS executed this deed on the date set forth above.
i
ROME L. CRANE
STATE OF ,COLORADO }
} ss. The foregoing instrument was acknowledged before me
County of Pueblo } this 10TH day of OCTOBER, 1996,
by JEROME L. CRANE
Witness my hand and official seal.
My commission expires
P. Nv NOTARY PUBLIC
No.933
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OF COV
p.a, expires Aug. 31, 2000
Reception #: 1142850 Date: 10/15/1996 Time: 114 Book: 2937 Page: 431 Chris C. Munoz
Inst: QUIT R Fee: 10.00 D Fee: 0.21 SC: 1.00 Pg: 1 of 2 Pueblo Co.Clk. &Rec.
ESCROW NO.:
DATE
7560580
October 08 1996
"EXHIBIT All
LEGAL DESCRIPTION
A portion of Lots 11 and 12, Block 14 in the State Addition to Pueblo,
according to the recorded plat thereof, filed for record January 28, 1878
and being more particularly described as follows:
Considering the South line of said Block 14 to bear North 89 deg. 20 min.
.. Est .-- a t . dl 1. rei a �g r l at
4 8 sec. ...... nd all l b ar. ng.. con i ,e ..e n b� _.. e .. ve thereto.
COMMENCING at the Southwest corner of said Lot 11,
thence North 89 deg. 20 min. 48 sec. East, along the South line of said
Lot 11, a distance of 5.32 feet to the Southwest corner of a tract of
land conveyed by deed recorded in Book 2732 at Page 446 of the Pueblo
County records and the TRUE POINT OF BEGINNING,
thence North 53 deg. 55 min. 46 sec. East (North 54 deg. 24 min. 13 sec.
East, deed), along the Northwesterly line of said tract of land, a
distance of 29.00 feet,
thence Southeasterly, along the arc of a curve to the left whose center
bears North 28 deg. 26 min. 40 sec. East, and whose radius is 267.50
feet, a distance of 40.10 feet to the South line of said Lot 12,
thence South 89 deg. 20 min. 48 sec. West (South 89 deg. 55 min. West,
deed), along the said South line of Block 14, a distance of 60.00 feet to
the POINT OF BEGINNING, County of Pueblo, State of Colorado.
Book: 2937 Page: 432 Chris C. Munoz
Page: 2 of 2 Pueblo Co.Clk. &Rec.