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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 .r t, "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. U N OC 0 U O U C7 O �C A V O D CO Q64 cn n� p. w O Q+ N A4 O O CT O it cn a �x xz F Ll W W 3RD ST Q i HARP PROPERTY cc z W 2ND ST RII VER S T I ' ,,o" 7 7 UISITION Lo D Z m D RIVER S T M F I L- - -�) W. IST ST W - 1ST ST E:7A C19- 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 �� w O G � jj ,� PU8L1 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.