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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.
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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
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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.
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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
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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.
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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
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PUEBLO CONSERVANCY DISTRICT
BY: �
Authorized Agent
THE BURLINGTON NORTHERN and SANTA FE RAILWAY
COMPANY
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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.