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
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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
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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
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(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,
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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).
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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 '
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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.
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t
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