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HomeMy WebLinkAbout8507I . RESOLUTION NO. 8507 A RESOLUTION APPROVING A SPECIAL WARRANTY DEED FROM THE CITY OF PUEBLO AND THE PUEBLO CONSERVANCY DISTRICT TO THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, City of Pueblo (the "City ") and the Pueblo Conservancy District (the "District ") filed a quiet title action to clear title to the land included within the Historic Arkansas Riverwalk Project (the "HARP "), Civil Action No. 97 CV 42, Division A, District Court, Pueblo County, Colorado (the "Action "), and WHEREAS, the Burlington Northern and Santa Fe Railway Company (the "Railroad Company ") claims an interest in the Land, and WHEREAS, the Railroad Company, District and City have entered into an Agreement (the "Agreement ") resolving the claims of the Railroad Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Agreement, a copy of which is attached hereto, having been approved by the City Attorney, is hereby approved, confirmed and ratified. SECTION 2 The Special Warranty Deed attached to the Agreement and the conveyance of the land described therein, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute and deliver the Special Warranty Deed in the name of the City and the City Clerk is directed and authorized to affix the seal of the City thereto and attest same. INTRODUCED: September 14, 1998 SPEC /AL WARRANTY DEED THIS DEED, made this 27th day of July, 1998, between CITY OF PUEBLO, a Municipal Corporation and THE PUEBLO CONSERVANCY DISTRICT of the County of Pueblo, State of Colorado, Grantors, and THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, whose legal address is 3017 Lou Menk Drive, Ft. Worth, Texas 76161 of the County of Tarrant, State of Texas, Grantee: W/TNESSETH, that the Grantors, for and in consideration of the sum of One Dollar and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed and by these presents do grant, bargain, sell, convey and confirm unto the Grantee, its heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Pueblo, State of Colorado, described as follows: A parcel of land in the SE %. of the NEA of Section 36, Township 20 South, Range 65 West of the 6th P.M., being 40 feet in width, 20 feet on each side of the following described centerline: Considering the North line of Block 14 in the State Addition to the City of Pueblo, according to the recorded plat thereof, filed for record January 28, 1878 to bear N.89 1'03"E. and all bearings contained herein being relative thereto. Commencing at the Northwest corner of Lot 8 in said Block 14 of the State Addition; thence S.01 °59'16 "E., a distance of 278.15 feet to the True Point of Beginning of the parcel centerline herein described; thence S.54 0 02'48 "W., a distance of 152.77 feet; thence Southwesterly, along the arc of a curve to the right whose radius is 699.22 feet, a distance of 218.44 feet to the Point of Terminus, County of Pueblo, State of Colorado. TOGETHER with an easement for access purposes to the real property described above, which easement is across the real property described on Exhibit "C" attached hereto and incorporated herein by reference. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantors, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. r TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its heirs and assigns forever. The Grantors, for themselves, their heirs and personal representatives or successors, do covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the Grantee, its heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantors. above. CITY OF PUEBLO, a Municipal Corporation by �. Title: Presi dent of City Council Witness my hand and official seal. C Ac 'L otary Public My Comm. Exp. 8 -21 -99 ATTEST: by u�C Title: Ci Clerk STATE OF COLORADO ) ) SS. COUNTY OF PUEBLO ) IN WITNESS WHEREOF, the Grantors have executed this Deed on the date set forth The foregoing instrument was acknowledged before me this /_+ day of September 1998, by Cathy A. Garcia as President of Counci 1for the CITY OF PUEBLO, a Municipal Corporation and by Gina Dutcher as City Clerk for the CITY OF PUEBLO, a Municipal Corporation. 2 THE PUEBLO CONSERVANCY DISTRICT ATTEST: President k2 Secretary STATE OF COLORADO ) ) SS. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this ak day of 1998, by 6. F. Sau ,s,� as President of THE PUEBLO CONSERVANCY DISTRICT and by Vf,4LaA K as Secretary of THE PUEBLO CONSERVANCY DISTRICT. Witness my hand and official seal. Notary Public I My Comm. Exp. 10/11/2001 .f" �N K E" - "`•q J • r. O s rat E I: \puebcons \harp \warrspec.dee 3 � r l AGREEMENT WHEREAS, the City of Pueblo, a municipal corporation and the Pueblo Conservancy District have filed a Quiet Title action in the District Court for the County of Pueblo, State of Colorado under Case No. 97 CV 342 in Division A; and WHEREAS, Defendant The Burlington Northern and Santa Fe Railway Company, as Successor to the Atchison, Topeka and Santa Fe Railway Company has filed its Answer dated August 6, 1997; and WHEREAS, the parties have worked together to identify both the claims, as well as the needs of The Burlington Northern and Santa Fe Railway Company; and WHEREAS, the parties desire to enter into this Agreement to resolve the claims of The Burlington Northern and Santa Fe Railway Company with respect to civil action No. 97 CV 342 and to provide for the perpetual use of what is known as the "Old Passenger Lead" also called the "Pond Track" and designated on Exhibit "A" attached hereto and incorporated herein and by reference as the "Existing Railroad Track." - WHEREAS, the City of Pueblo, a municipal corporation, has caused the Existing Railroad Track area to be surveyed, a legal description for which is described on Exhibit "B" attached hereto and incorporated herein by reference and the City of Pueblo, a municipal corporation, has also caused an easement from Elizabeth Street to the Existing Railroad Track to also be surveyed, the legal description for which is attached hereto as Exhibit "C" and incorporated herein by reference and whereas the legal description shown on Exhibit "B" is portrayed on the plat designated Block 1, Parcel A in red on the plat designated as Exhibit "D" attached hereto and incorporated herein by reference and the legal description of the real property described on Exhibit "C" is shown in blue on said Exhibit "D." NOW, THEREFORE, IN CONSIDERATION OF THE FOLLOWING MUTUAL COVENANTS AND CONDITIONS, THE PARTIES AGREE AS FOLLOWS: 1. The Burlington Northern and Santa Fe Railway Company Representatives have had the opportunity to examine the proposed area shown on Exhibits "B" and "C "and approve their location. 2. The City of Pueblo, at its expense, shall cause the real property described on Exhibit "B" to be fenced with one leg of the fence going to the edge of the northerly pond and the other leg of the fence to be wrapped around the easterly edge of the area and then along the southerly border of the area completely separating the Existing Railroad Track from the HARP project improvements. The City of Pueblo will cause the roadway adjacent to the South rail of the track to be built up and graded to allow maintenance vehicles to service the track in a safe If . manner. A gate, twenty feet wide, shall be installed in the fence at a location to be designated by The Burlington Northern and Santa Fe Railway Company, and will be designed to allow the gate to be locked to prevent unauthorized access to the area on which the Existing Railroad Track is located. The construction of the fence and the grading of the maintenance vehicle access road on the South side of the rail track shall be constructed to the satisfaction of The Burlington Northern and Santa Fe Railway Company. The approval by Mr. Dan Durkin, the Superintendent of Operations, or such other representative as may be designated by The Burlington Northern and Santa Fe Railway Company shall be binding on said Company. 3. The City of Pueblo and the Pueblo Conservancy District shall within 30 days of the date of this Agreement execute and deliver to The Burlington Northern and Santa Fe Railway Company a Special Warranty Deed conveying the real property described on Exhibit "B ", together with an easement for access to the gate to be constructed as described on Exhibit "C." 4. The construction of the fence shall be completed by October 31, 1998, and the leveling and grading of the roadway shall be completed within 30 days after requested by The Burlington Northern and Santa Fe Railway Company through its agent, Mr. Dan Durkin, but not later than October 1998. 5. The Burlington Northern and Santa Fe Railway Company shall within 30 days of the date of this Agreement execute and deliver to the City of Pueblo a Quit Claim Deed to its interests in the following documents: a. An Easement recorded June 26, 1928, in Book 695 at Pages 54 to 56 of the records of the Recorder of Pueblo County, Colorado. b. Any portion of the property described in a Warranty Deed recorded October 16, 1925, in Book 626 at Page 246 of the records of the Recorder of Pueblo County, Colorado which lies within the boundary of the legal description attached to the Amended Complaint as Exhibit "A ", but is also outside of the legal description attached hereto as Exhibit "B." C. Property described in a Quit Claim Deed recorded June 27, 1956, in Book 1301 at Page 543 of the records of the Recorder of Pueblo County, Colorado. d. Property described in a Deed recorded December 8, 1890, in Book 101 at Page 236 of the records of the Recorder of Pueblo County, Colorado. The Burlington Northern and Santa Fe Railway Company shall simultaneously withdraw its Answer and file its Disclaimer in Case No. 97 CV 342 upon the execution hereof. 2 • . 6. The City of Pueblo and the Pueblo Conservancy District shall prepare the Quiet Title Decree to show that the real property described on Exhibit "B" attached hereto is owned by The Burlington Northern and Santa Fe Railway Company which has an easement across the real property described on Exhibit "C" attached hereto. The form of the Quiet Title Decree shall be approved prior to its being filed with the Court by attorneys for The Burlington Northern and Santa Fe Railway Company. 7. This Agreement shall be binding on the parties, their successors and assigns. 8. If either party to this Agreement breaches any of the terms or conditions hereof, the nonbreaching party shall be entitled to reasonable attorneys fees and costs in enforcing the non - breaching party's rights pursuant to this Agreement. ot*A61 -- DATED this a6 day of Jae, 1998. CITY OF PUEBLO, A MUNICIPAL CORPORATION • • ;Mp mI PUEBLO CONSERVANCY DISTRICT BY: � Authorized Agent THE BURLINGTON NORTHERN and SANTA FE RAILWAY COMPANY IT IPIS M --A RR /_`iii, _ • I: \puebcons\harp \agreernen �L J 2& - ril Fn ° C-4p �.fy SS • /" S � o \ \ \ Q v ,� _~ is �l • � � ry� � � � a � � t c N SF.ti 1r h� a e Jar�ii ti: R ! h t ° -'y, .i �;a • Mw \+ '"' ' ,6 A ; � , 7 4- - d PROPOSED RAILWAY PARCEL: A parcel of land In the SE1 /4 of the NE1 /4 of Section 36, Township 20 South, Range 65 West of the 6 P.M., being 40 feet In width, 20 feet on each side of the following described centerline: Considering the North line of Block 14 in the State Addition to the City of Pueblo, according to the recorded plat thereof, filed for record January 28, 1878 to bear N.89 10 11'03 "E. and all bearings contained herein being relative thereto. Commencing at the Northwest corner of Lot 8 In said Block 14 of the State Addition; thence S.01 °59'16 "E., a distance of 278.15 feet to the True Point of Beginning of the parcel centerline herein described; thence S.54 °02'48 " W., a distance of 152.77 feet; thence Southwesterly, along the arc of a curve to the right whose radius Is 699.22 feet, a distance of 218.44 feet to the Point of Terminus. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 Street Pueblo, Colorado 81003 June 1, 1998 IN 96 02100 9602100.1074 EXHIBIT "C" An easement for railway purposes through a portion of the SE1 /4 of the NE1 /4 of Section 36, Township 20 South, Range 65 West of the 6th P.M., being 40 feet in width, 20 feet on each side of the following described centerline: Considering the North line of Block 14 in the State Addition to the City of Pueblo, according to the recorded plat thereof, filed for record January 28, 1878 to bear N.89 0 11 1 03 "E. and all bearings contained herein being relative thereto. Commencing at the Northwest corner of Lot 8 in said Block 14 of the State Addition; thence S.08 °56 "E., a distance of 258.92 feet to the True Point of Beginning of the easement centerline herein described; thence S.54 ° 02'48 "W., a distance of 37.83 feet to the Point of Terminus, County of Pueblo, State of Colorado.