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HomeMy WebLinkAbout10472RESOLUTION NO. 10472 A RESOLUTION APPROVING AND ACCEPTING A QUITCLAIM DEED FROM THE UNITED STATES OF AMERICA FOR 19.90 ACRES OF LAND AT THE HONOR FARM FOR USE AS PARK AND OPEN SPACE PURPOSES, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO ACCEPT SAME WHEREAS, City Council made application, per Resolution No. 10333, for the acquisition of 19.9 acres of federal property under the provisions of Section 203 (k)(2) of the Federal Property and Administrative Services Act of 1949, as amended [40 U.S.C. § 484(k)(2), and regulations and procedures promulgated there under; for land located adjacent to existing City Honor Farm property located within the east 1/2 and southwest 1/4 of Section 20, Township 20 South, Range 65 West of the 6th P.M. for public park and recreational purposes, and utilized as open space; and WHEREAS, the United States of America acting by and through the Secretary of the Interior, acting by and through the Director of National Park Service has issued a Quitclaim Deed for such land. NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Quitclaim Deed from the United States of America for the 19.90 acre parcel of land located at the Honor Farm, for use as park and open space purposes, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted, and the President of the City Council is authorized to accept the Quitclaim Deed in the name of the City of Pueblo. SECTION 2. The City Clerk is directed to record the Quitclaim Deed in the office of the Clerk and Recorder of Pueblo County. INTRODUCED August 8, 2005 PRES1 9 F CITY frP s BY Michael Occhiato Councilperson WK%kAnMB-WAL Background Paper for Proposed RESOLUTION AGENDA ITEM # / DATE: AUGUST 8, 2005 DEPARTMENT: COMMUNITY DEVELOPMENT / JIM MUNCH PLANNING DEPARTMENT / JIM MUNCH TITLE A RESOLUTION APPROVING AND ACCEPTING A QUITCLAIM DEED FROM THE UNITED STATES OF AMERICA FOR 19.90 ACRES OF LAND AT THE HONOR FARM FOR USE AS PARK AND OPEN SPACE PURPOSES, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO ACCEPT SAME ISSUE Should the City Council accept a Quitclaim Deed for 19.9 acres of federal property located adjacent to the City Honor Farm property and authorize the President of Council to accept same? RECOMMENDATION Approval of the Resolution. BACKGROUND The City has sought acquisition of 19.9 acres of federal land that is located adjacent to the City's Honor Farm property. The federal government acquired the property in 1967 to be used as a substation site. In December 2004, the City received a letter from the General Services Administration (GSA) informing the City that this property (Case No. 7 -B -CO -0653) has been identified for disposal and if the City is interested in acquiring it that we need to submit a letter of interest. On January 13, 2005 the City submitted a letter to GSA informing them that we were interested in the property. On February 28, 2005, the City approved Resolution No. 10333 authorizing the submittal of an application for acquisition of the property. On July 15, 2005, the City received the attached Quitclaim Deed for final execution accepting the property. The 19.9 -acre parcel of land is vacant rangeland and is part of a 240 -acre enclave of private properties that are surrounded by 4,000 acres public property known as the Honor Farm. The City owns 2,350 acres of the public property and Colorado State Parks owns the remaining 1,650 acres that is adjacent to the Lake Pueblo State Park. The acquisition of the 19.9 acres is a great addition to the City current ownership and would preclude private development between the City, Pueblo West, and the State Parks property. The property would be used for park and recreational purposes and utilized as open space land for the public. FINANCIAL IMPACT The City is receiving the property at no cost. The City will be required to pay the recording fees. Expenses should not exceed $50 and will be funded from Project Account No. CP0233. Resolution # 10472 IIIIIIIIIIIIIIIIIIIIIIIIIII 1635080 of 6 zzP 31.00 Pueblo Substation Site IIIIIIIIIIIIIIIIIIIIIIIIIIII Pueblo County, Colorado Chris C. Munoz Pueb1oCtyC1k4Rec QUIT R 0 0.00 QUITCLAIM DEED THE UNITED STATES OF AMERICA, acting by and through the Secretary of the Interior, acting by and through the Director, National Park Service, under and pursuant to the power and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949 (63 Stat. 337), as amended, and regulations and orders promulgated thereunder (hereinafter designated "Grantor ", for and in consideration of the perpetual use of the hereinafter described premises as and for public park and public recreation area purposes, by the city of Pueblo, Colorado (hereinafter designated "Grantee "), does hereby release and quitclaim to Grantee, and to its successors and assigns, all Grantor's right, title and interest, subject to reservations and warranties declared herein, "as is, where is" in and to a tract of land containing in the East Yz of the Southwest '/4 (E '/a SW '/4) Section 20, township 20 South, Range 65 West, Sixth Principle Meridian, being more particularly described as follows: Beginning on the East line of said E '/z SW '/< of Section 20, North 00 °01'20" West, 765.8 feet from the South Y< corner of said Section 20: thence south 89 °58'40" West 900 feet; thence North 00 °01'20" West 926.5 feet; thence North 85 °18'44" East, 903 feet to the East line of said E'' /z SW Y<; thence South 00 °01'20" East along said East line 1000 feet to the point of beginning; containing 19.9 acres. The hereinbefore described property is granted by the Grantor to the Grantee subject to any and all existing easements and rights -of -way for public streets, roads, and highway, public utilities, electric power lines, electric transmission facilities, railroads, pipelines, ditches, canals on over, and across, said land, whether or not of record; all existing interest(s) reserved to or outstanding in third parties in and to oil, gas, and/or minerals; all other existing interests reserved by any original grantor in the chain of title unto said grantor(s), their respective successors and assigns; any survey discrepancies, conflicts, or shortages in area of boundary lines, or any encroachments, or protrusions which may affect the subject property. All rights and interests previously reserved to the United States of America by patents which cover this property are expressly reserved and excepted from this conveyance. Further excepted from herein described grant and hereby reserved unto the Untied States of America, and it's assigns, all oil, gas, and other minerals lying upon the surface or at any depth of the above described property, together with the right of ingress and egress at all time for the purpose of mining, drilling, exploring, operating, and developing said land for oil, gas, and other minerals and removing same therefrom. The Grantee by its acceptance of this deed does acknowledge its understanding of the agreement, and does covenant and agree for itself, and its successors and assigns, forever, as follows: This property shall be used and maintained for the public purposes for which it was conveyed in perpetuity as set forth in the program of utilization and plan contained in an amendment to an application submitted by the Grantee dated February 28, 2005, which program and plan may be amended from time to time at the written request of either the Grantor or Grantee, with the written concurrence of the other party, and such amendments will be added to and become a part of the original application. 2. The Grantee shall, within 6 months of the date of the deed of conveyance, erect and maintain a permanent sign or marker near the point of principal access to the conveyed area indicating that the Pueblo Substation Site Page 1 of 6 City of Pueblo, Colorado Chris Page: 636080ZZP property is a park or recreation area and has been acquired from the Federal Government for use by the general public. 3. The property shall not be sold, leased, assigned or otherwise disposed of except to another eligible governmental agency that the Secretary of the Interior approves in writing. Any such disposition shall assure the continued use and maintenance of the property for public park or public recreational purposes subject to the same terms and conditions in the original instrument of conveyance. Any mortgage, lien, or any other encumbrance not wholly subordinate to the reverter interest of the Grantor shall constitute an impermissible disposal. However this provision shall not preclude the Grantee and its successors and assigns from using revenue or other bonds related to the use of the property to the extent that such bonds shall not in any way restrict, encumber, or constitute a lien on the property. Furthermore, this provision shall not preclude the Grantee from providing related recreation facilities and services compatible with the approved application though concession agreements, permits, and licenses entered into with third parties, provided prior concurrence to such agreements is obtained in writing from the National Park Service. 4. From the date of this conveyance, the Grantee, its successors and assigns, shall submit biennial reports to the Secretary of the Interior, setting forth the use made of the property during the preceding two -year period, and other pertinent data establishing its continuous use for the purposes set forth above, for ten consecutive reports or as further determined by the Secretary of the Interior. 5. As part of the consideration for this Deed, the Grantee covenants and agrees for itself, its successors and assigns, that; (1) any use, operation, program or activity on or related to the property conveyed by this Deed will be conducted in compliance with all Federal laws and regulations relating to nondiscrimination, including but not limited to the following laws and regulations as may be amended from time to time: (a) the regulations of the U.S. Department of the Interior at 43 CFR Part 17, (b) Title VI of the Civil Rights Act of 1964, (c) Title III of the Age Discrimination Act of 1975, (d) Section 504 of the Rehabilitation Act of 1973, and (e) the Architectural Barriers Act of 1968; (2) this covenant shall be subject in all respects to the provisions of said laws and regulations; (3) the Grantee, its successors and assigns, will promptly take and continue to take such action as may be necessary to effectuate this covenant; (4) the United States shall have the right to seek judicial enforcement of this covenant; (5) the Grantee, its successors and assigns, will (a) obtain from each other person (any legal entity) who, through contractual or other arrangements with the Grantee, its successors or assigns, is authorized to provide services or benefits on or in connection with the property, a written agreement pursuant to which such other person shall, with respect to the services or benefits which he is authorized to provide, undertake for himself the same obligations as those imposed upon the Grantee, its successors and assigns, by this covenant, and (b) furnish a copy of such agreement to the Secretary of the Interior or his successor; (6) this covenant shall run with the land hereby conveyed, and shall in any event, without regard to technical classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and equity for the benefit of, and in favor of the Grantor and enforceable by the Grantor against the Grantee, its successors and assigns; and (7) the Grantor expressly reserves a right of access to, and entrance upon, the above described property in order to determine compliance with the terms of this conveyance. 6. The Grantee, its successors and assigns, shall indemnify, defend, protect, save and hold harmless the Grantor, its employees, officers, attorneys, agents, and representatives from and against any and all debts, duties, obligations, liabilities, law suits, claims, demands, causes of action, damages, losses, costs, and expenses (including without limitation attorney fees and expenses, consultant fees and expenses, expert fees and court costs) arising out of any claim for personal injury or property damage Pueblo Substation Site Page 2 of 6 City of Pueblo, Colorado Chris 636080ZZP (including death, illness, or loss of or damage to real or personal property or economic loss) that relates to the Grantee's failure to comply with the terms of this deed or from the use or occupancy of the property by the Grantee and/or the Grantee's successors and assigns, transferees, or agents. Such claims shall be subject to the limitations of the Colorado Governmental Immunity Act, CRS Section 24 -10 -101 to 24 -10 -120, as amended, and nothing in this paragraph shall be construed to be a waiver of the Colorado Governmental hrnnunity Act. 7. Pursuant to Section 120(h)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA), 42 U.S.C. Section 9620, the United States, by the Bureau of Reclamation, determined that no hazardous substances and no petroleum products or their derivatives were known to have been released or disposal of on herein described property. The Grantee acknowledges that it has inspected and accepts the physical condition and current level of environmental hazards on the property and deems the property to be safe for the Grantee's intended use, human health, and the environment in general. 8. The Grantor, on behalf of the Bureau of Reclamation, and pursuant to CERCLA Section 120(h)(4) (42 U.S.C. Section 9620) covenants that in the event that any response action or correction action is found to be necessary to protect human health and the environment after the date of this conveyance as a result of hazardous substances or petroleum product contamination existing on the property prior to the date of this conveyance, such response action or corrective action shall be conducted by the Bureau of Reclamation, on behalf of the Grantor. Nothing herein shall be construed to limit the right of the Grantor to seek contribution from the Grantee under Section 113(f) (1) of CERCLA (42 U.S.C. Section 9620) in the event that the Grantee is later determined to be a potentially responsible parry with respect to said hazardous substances or petroleum product contamination. 9. Pursuant to CERCLA Section 120(h)(4) (42 U.S.C. 9620), the Grantor, on behalf of the Bureau of Reclamation and other regulatory agencies and for their officers, agencies, employees, contractors and subcontractors, reserves a right of access to all portions of the property for environmental investigation, remediation, or other corrective action. This reservation includes the right of access to, and use of available utilities at reasonable cost to Grantor, it successors, assigns. These rights shall be exercisable in any case in which a response action, corrective action, or remedial action is found to be necessary after the date of this conveyance or in which access is necessary to carry out a remedial action, response action on adjoining property. Pursuant to this reservation, the United States of America and its respective officers, agencies, employees, contractors and subcontractors shall have the right (upon reasonable advance written notice to the record title owner) to enter upon the property and conduct investigations and surveys, to include drilling, test pitting, borings, data and records compilation, and other activities related to environmental investigation, and to carry out remedial or removal actions required or necessary, including but not limited to installation and operation of monitoring wells, pumping wells, and treatment facilities. Any such entry, including such activities, responses or remedial actions, shall be coordinated with the record title owner and shall be performed in a manner which minimizes interruption with activities of authorized occupants.. 10. The Grantee, it successors and assigns and every successor in interest to all or any part of the property shall indemnify, protect, defend, save, and hold harmless the Grantor, and Grantor's employees, officers, representatives, attorneys and agents, from and against any and all debts, duties, obligations, liabilities, law suits, cost associated with any investigation, monitoring, sampling, testing or removal of hazardous substance(s), claims, demands, causes of action, damages, losses, costs, and expenses (including, without limitation, attorney fees, and expenses and court costs) in any way related to, Pueblo Substation Site Page 3 of 6 City of Pueblo, Colorado Chris C. M IIIIII IIIIIIVIII IiII IIIIII III VIII IIII Illl O Page: 636080ZZP ec connected with, and/or arising out of discovery of any hazardous substance(s) or petroleum products or their derivatives which may have contaminated the hereinabove conveyed property after the date of this Quitclaim deed, including but not limited to any environmental response action, corrective action or remediation action. Such claims shall be subject to the limitations of the Colorado Governmental Immunity Act, CRS Section 24 -10 -101 to 24 -10 -120, as amended, and nothing in this paragraph shall be construed to be a waiver of the Colorado Governmental Immunity Act. 11. In the event that there is a breach by the Grantee, its successors or assigns, of any of the conditions and covenants, whether caused by the legal or other inability of the Grantee, its successors or assigns, to perform said conditions and covenants, the Grantor will give written notice, with a reasonable time stated therein, that the Grantee shall eliminate, rectify, or cure said breach. Upon failure to eliminate, rectify, or cure said breach within the time set forth in the notice, all right, title, and interest in and to said premises shall, at the Grantor's option, revert to and become the property of the Grantor. In addition to all other remedies for such breach, the Grantee, its successors and assigns, at the Grantor's option, shall forfeit all right, title, and interest in any and all of the tenements, hereditaments, and appurtenances thereunto belonging. 12. The failure of the Grantor to require in any one or more instances complete performance of any of the conditions or covenants shall not be construed as a waiver or relinquishment of such future performance, but obligation of the Grantee, its successors and assigns, with respect to such future performance shall continue in full force and effect. 13. The National Park Service and any representative it may so delegate shall have the right of entry upon said premises at all reasonable times to conduct inspections of the property for the purposes of evaluating the Grantee's compliance with the terms and conditions of the conveyance. 14. The Grantee, by its acceptance of this deed, covenants and agrees for itself, and its successors and assigns, that in the event the Grantor exercises its option to revert all right, title, and interest in the property to the Grantor, or the Grantee voluntarily returns title to the property in lieu of a reverter, then the Grantee shall provide protection to and maintenance of said property at all times until such time as the title is actually reverted or returned to and accepted by the Grantor, including the period of any notice of intent to revert. Such protection and maintenance shall, at a minimum, conform to the standards prescribed by the General Services Administration in its regulations 41 CFR Part 101 - 47.4913 in effect as of the date of this deed. 15. The covenants, conditions, and restrictions set forth herein are intended to be covenants running with the land in accordance with all applicable law and shall burden and run with the property conveyance by this deed and every part thereof or interest therein, and shall be binding on Grantee, it successor(s) and assign(s), and every successor in interest to all or any part of the property, and shall benefit Grantor and Grantor's successor(s) and assign(s). Pueblo Substation Site Page 4 of 6 City of Pueblo, Colorado VIII IIII IIII I II I II III IIIIII III VIII III II 863608022E Chris C. Munoz PUebIOCtyCIk4Rec QUIT R 31.00 D 0.00 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name and on its behalf on this the IS`% day of July, 2005. UNITED STATES OF AMERICA Acting by and through the Secretary of the Interior B �r Jonathan .Jarvis Region Director, est onal Park Service (COUNTY OF ALAMEDA) ) SS. (STATE OF CALIFORNIA) On this J0 „ day of July, 2005, before me, the subscriber, personally appeared Jonathan B. Jarvis, to be known and personally known to me to be the Regional Director, Pacific West, National Park Service, of the United States of America, acting by and through the Secretary of the Interior, a governmental agency of the United States of America, and known to me to be the same person described in and who executed the foregoing instrument as such Regional Director, Pacific West aforesaid, as the act and deed of the United States, for and on behalf of the Secretary of the Interior, and he acknowledged that he executed the foregoing instrument for and on behalf of the United States of America, for the purposes and uses therein described. Witness C �Cll my hand and official seal. ( NOTARY PUBLI ' Pueblo Substation Site Page 5 of 6 City of Pueblo, Colorado IIII III IIIII II III IIIII IIIIIIIII II 8636 5 ZZP Chris C. Munoz PuebloCtyClk &Reo QUIT R 31.00 D 0.00 The foregoing conveyance is hereby accepted and the undersigned agrees, by this acceptance, to assume and be bound by all the obligations, conditions, covenants and agreements therein contained. City of Pueblo, Colorado By 41Z 4Z 41-- Date AUq,uss 9 - � (COUNTY OF PUEBLO ) ) SS. (STATE OF COLORADO) ih A On this day of 2005, before me, the undersigned notary, the subscriber, being Robert Schilling as President of the City Council of the City of Pueblo, Colorado, personally appeared and being the duly authorized person of the City of Pueblo, Colorado and known to me to be the same person described herein and who executed the foregoing acceptance of said on behalf of the City of Pueblo, Colorado, for the purposes and uses therein described. Tr ; o 'i t,, n ?: N o o` , t'YV,C,uST 1gi -100-7 Witness my hand and official seal. - - O == t Pueblo Substation Site Page 6 of 6 City of Pueblo, Colorado