HomeMy WebLinkAbout11603RESOLUTION NO. 11603
A RESOLUTION APPROVING BURLINGTON NORTHERN SANTA FE (BNSF)
RAILWAY COMPANY REAL ESTATE CONVEYANCE CONTRACT AND QUITCLAIM
DEED RELATING TO STORMWATER FACILITIES, AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The BNSF Railway company Real Estate Conveyance Contract ( "Contract')
between the City of Pueblo and BNSF Railway Company and Quitclaim Deed, copies of
which are attached hereto, having been approved as to form by the City Attorney, are
hereby approved.
SECTION 2.
The President of City Council is authorized to execute the Contract and Quitclaim
Deed in the name of the City and the City Clerk is directed to affix the seal of the City to
the Quitclaim Deed and attest same.
SECTION 3.
This Resolution shall become effective upon final approval and passage.
A77TSTDD SY:
CITY CLERK
INTRODUCED: April 27, 2009
BY: Judy Weaver
} Councilperson
APPR D' } �-
PRESIDENTaf Cfty Council
L) 4
Background Paper for Proposed
RESOLUTION
DATE: APRIL 27, 2009 AGENDA ITEM # 12
DEPARTMENT: STORMWATER UTILITY DEPARTMENT
DENNIS A. MARONEY, P.E., CFM
TITLE
A RESOLUTION APPROVING BURLINGTON NORTHERN SANTA FE (BNSF)
RAILWAY COMPANY REAL ESTATE CONVEYANCE CONTRACT AND QUITCLAIM
DEED RELATING TO STORMWATER FACILITIES, AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
ISSUE
Should the City approve BNSF Railroad Conveyance Contract and Quitclaim Deed for
the purpose of constructing detention facilities and infiltration ponds.
RECOMMENDATION
Approval of Resolution
BACKGROUND
Pursuant to the BNSF Railway company ( "BNSF') Real Estate Conveyance Contract
( "Contract'), BNSF will convey to the City approximately 11 acres for storm water
facilities "AS IS" with all its faults by quitclaim deed, without warranty or representation
as to title or the condition of the property, environmental or otherwise. City waives and
releases BNSF from all claims relating to the condition of the property including
environmental conditions, and covenants not to sue BNSF for the condition of the
property, environmental or otherwise. City also indemnifies BNSF from all claims and
damages arising out of the negligent acts or omissions of the City, its officers, agents,
employees, contractors or subcontractors in connection with the use and occupancy of
the property. City staff has negotiated with BNSF since August 2007 and does not
believe BNSF will make any additional changes to the documents. City has not (i)
surveyed the property or obtained a title insurance commitment for the property, or (ii)
obtained an environmental site assessment for the property. Subject to the foregoing,
the City Attorney has approved the Contract and Quitclaim Deed as to form. However,
it is the policy decision of the City Council whether or not the City should approve and
accept the Contract and Quitclaim Deed under such terms and conditions.
The properties have been identified in the City's Master Basin Planning Study as
detention sites in the Wildhorse /Dry Creek drainage basin. The detention facilities
would serve to improve water quality, collect debris and regulate flows discharging to
the BNSF Railroad bridges. The detention sites are located adjacent to the east side of
BNSF Railroad between W. 24 St., Bancroft Ave. and W. 19 St. The City of Pueblo
Stormwater Department would maintain these detention facilities and remove debris
from the Alabama drainage channel, 22 St. and 19 St. before impacting railroad
facilities. Regulated storm water discharges from the detention facilities would not
exceed the capacity of existing railroad bridges. These detention facilities would serve
to mitigate flooding potentials in residential areas adjacent to railroad facilities and the
Peppersauce Bottoms residential neighborhood. Storm water would be discharged to
Wildhorse /Dry Creek as part of the existing historic drainage system. Additional
infiltration ponds and detentions facilities at 8 th and Blake would moderate flows
impacting Peppersauce Bottoms.
The Phase 1 Environmental Analysis (EA) for all the railroad sites was completed in
October of 2008. Those documents recommended that we pursue further analysis (a
Phase 2 EA) on 5 of the 10 initial parcels. One of those 5 was eliminated due to its
inability to function well as a detention site: The remaining four sites were identified for
further testing by the EPA to determine if soil contamination exists. We applied for and
received a grant to conduct that work.
The Phase 1 EA identified a potential for subsurface petroleum, pesticides, herbicides,
and construction debris. The reference to the pesticides and herbicides relate to a spill
that occurred in Peppersauce Bottoms in the late 1990's. This was later determined to
have been cleaned up by the EPA previously and should not present a problem to us.
The treatment for subsurface petroleum contamination (if found) is to turn the soil and
expose it to the air at which point it dissipates.
The potential environmental risk to the City of accepting the Quitclaim Deeds to these
properties would seem very low given these results from the Phase 1 EA. Transfer of
the property by Quitclaim Deed presents minimal risk since no structures will be
constructed on properties transferred to the City
FINANCIAL IMPACT
$400,000 was appropriated in the 2007 budget for land acquisition and detention basin
construction, $287,000 was appropriated in the 2008 budget for land acquisition and
detention basin construction; and $50,000 was appropriated in 2009 for the construction
of infiltration ponds.
v
BNSF RAILWAY COMPANY
REAL ESTATE CONVEYANCE CONTRACT
dig hi Rep1 Estate Conveyance Contract (the "Contract ") is entered into this /� day of
e 2009, by and between BNSF Railway Company (hereafter, "Railroad"), a
e aware corporation, and the City of Pueblo (hereafter, "City"), a municipal corporation
organized and existing under the laws of the state of Colorado.
WITNESSETH:
WHEREAS, Railroad is willing to convey to City on the terms and conditions contained
herein the real property (hereafter, the "Property") shown as shaded in Drawings No. 3- 41129A
through E dated April 18, 2007 and revised August 23, 2007, attached hereto as Exhibit A and by
this reference made a part hereof;
WHEREAS, the City is willing to accept the conveyance of the Property on the terms
and conditions set forth herein;
WHEREAS, City is wiling to construct on the Property and other lands in the general
location of the Property, at its expense in the estimated amount of $500,000.00, storm water
drainage facilities including, without limitation, retention ponds and related appurtenances, in
accordance with the City's plans and specifications therefor ( "Storm Water Facilities ");
WHEREAS, the purpose of the Storm Water Facilities is to control storm water which,
in part, flows through or originates on BNSF's property, thereby reducing the potential flooding
burden to property affected by the storm water.
NOW, THEREFORE, in consideration of the foregoing and covenants and conditions
set forth herein, the parties hereby agree as follows:
City will in a timely manner construct the Storm Water Facilities.
2, Railroad will convey the Property to City by quitclaim deed (the "Deed "), such
Deed to be in the form attached hereto as Exhibit B, in accordance with the terms, conditions and
reservations contained herein. No monetary consideration shall be paid by City to Railroad for
the Property. City shall accept title to the Property and shall assume responsibility for the
Property and shall comply with the terms and conditions of this Contract.
3. As part of the consideration for Railroad's conveyance of the Property, City will
accept the Property on an "as -is, where -is" basis and with all faults, subject to the terms and
conditions contained herein. Railroad expressly disclaims any warranties for the Property or
appurtenances thereto, including, without limitation, warranties as to title to the Property, its
physical condition, availability of utilities, its zoning classification, the design or condition of the
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Property, its merchantability or its fitness for any particular purpose, or conformity of the
Property to its intended use.
4. The Property shall be used for Storm Water Facilities.
5. a. CITY HAS BEEN ALLOWED TO MAKE AN INSPECTION OF
THE PROPERTY AND HAS KNOWLEDGE AS TO THE PAST USE OF THE
PROPERTY. BASED UPON THIS INSPECTION AND KNOWLEDGE, CITY IS
AWARE OF THE CONDITION OF THE PROPERTY AND CITY IS AWARE THAT
CITY IS ACCEPTING THE PROPERTY ON AN "AS -IS WITH ALL FAULTS" BASIS
WITH ANY AND ALL PATENT AND LATENT DEFECTS, INCLUDING THOSE
RELATING TO THE ENVIRONMENTAL CONDITION OF THE PROPERTY, AND
THAT CITY IS NOT RELYING ON ANY REPRESENTATION OR WARRANTIES,
EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER FROM RAILROAD AS TO
ANY MATTERS CONCERNING THE PROPERTY, INCLUDING THE PHYSICAL
CONDITION OF THE PROPERTY AND ANY DEFECTS THEREOF, THE PRESENCE
OF ANY HAZARDOUS SUBSTANCES, WASTES OR CONTAMINANTS IN, ON OR
UNDER THE PROPERTY, THE CONDITION OR EXISTENCE OF ANY OF THE
ABOVE GROUND OR UNDERGROUND STRUCTURES OR IMPROVEMENTS IN, ON
OR UNDER THE PROPERTY, THE CONDITION OF TITLE TO THE PROPERTY,
AND THE LEASES, EASEMENTS OR OTHER AGREEMENTS AFFECTING THE
PROPERTY. CITY IS AWARE OF THE RISK THAT HAZARDOUS SUBSTANCES
AND CONTAMINANTS MAY BE PRESENT ON THE PROPERTY.
b. CITY HEREBY WAIVES, RELEASES AND DISCHARGES FOREVER,
RAILROAD FROM ANY AND ALL CLAIMS OR DEMANDS ARISING FROM OR IN
ANY WAY RELATED TO THE CONDITION OF THE PROPERTY OR ALLEGED
PRESENCE, USE, STORAGE, GENERATION, MANUFACTURE, TRANSPORT,
RELEASE, LEAK, SPILL, DISPOSAL OR OTHER HANDLING OF ANY HAZARDOUS
SUBSTANCES OR CONTAMINANTS IN, ON OR UNDER THE PROPERTY, (THE
"ENVIRONMENTAL CONDITION ") WHETHER SUCH ENVIRONMENTAL
CONDITION OR SUCH EVENTS GIVING RISE TO BE ENVIRONMENTAL
CONDITION WAS DUE TO THE SOLE OR CONCURRENT NEGLIGENCE OR
STRICT LIABILITY OF RAILROAD OR CITY. THE RIGHTS OF RAILROAD
UNDER THIS SECTION SHALL BE IN ADDITION TO AND NOT IN LIEU OF ANY
OTHER RIGHTS OR REMEDIES TO WHICH IT MAY BE ENTITLED UNDER THIS
DOCUMENT OR OTHERWISE.
C. CITY COVENANTS NOT TO SUE OR PROSECUTE ANY CLAIMS
AGAINST THE RAILROAD FOR THE CONDITION OR ENVIRONMENTAL
CONDITION OF THE PROPERTY OR ANY SUCH EVENT GIVING RISE TO THE
CONDITION OR ENVIRONMENTAL CONDITION OF THE PROPERTY.
d. The term 'Environmental Law" means any federal, state or local statute,
2
regulation, code, rule, ordinance, order, judgment, decree, injunction or common law pertaining
in any way to the protection of human health or the environment, including without limitation,
the Resource Conservation and Recovery Act, the Comprehensive Environmental Response,
Compensation and Liability Act, the Toxic Substances Control Act, and any similar or
comparable state or local law.
e. The term "Hazardous Substance" means any hazardous, toxic, radioactive or
infectious substance, material or waste as defined, listed or regulated under any Environmental
Law, and includes without limitation, petroleum oil and any of its fractions.
6. City acknowledges and affirms that Railroad may not hold fee simple title to the
Property, that Railroad's interest in all or part of the Property, if any, may rise only to the level of
an easement for railroad purposes. City is willing to accept Railroad's interest in the Property, if
any, on this basis and expressly releases Railroad, its successors and assigns from any claims that
City or its successors may have as a result of an abandonment of the line of rail running over or
adjacent to any portion of the Property. In light of Railroad's disclosure that it may not hold a
fee interest in all or part of the Property, City agrees to waive and release and discharge Railroad
from any and all present or future claims or demands arising from or in any way related to claims
or assertions that Railroad did not have the right to transfer all or part of the Property to City.
7. City acknowledges and affirms that it has not relied on any representation of
Railroad as to the quality of the title that Railroad may hold or otherwise, and that City has had
sufficient time to consult with its legal counsel and other experts before entering into this
Contract.
8. Liens — Any judgment against Railroad which may appear of record as a lien
against the Property shall be settled and satisfied by Railroad if and when it is judicially
determined to be valid, and Railroad hereby indemnifies the City for all loss arising out of
Railroad's failure to have a judgment lien so settled and satisfied. All outstanding assessments
levied or due in the year the Deed is delivered shall be paid by City.
9. Any and all remaining personal property owned by Railroad and located on the
property will be removed by Railroad prior to Closing Date.
10. City warrants and affirms that it has the necessary authority to enter into this
Contract and that all of the obligations hereunder are enforceable and legally binding on the City
and its successors. The person executing this Contract on behalf of the City warrants and affirms
that he or she is fully authorized to do so for and on behalf of the City.
11. Closing shall be conducted by mail. Railroad shall forward the Deed to City.
12. Property taxes assessed against the Property shall be prorated to Closing Date
with Railroad paying that portion of the taxes accruing to Closing Date and City paying that
portion accruing after Closing Date. Any tax parcel proration that may be required by the Pueblo
3
County Assessor shall be completed by the City at the City's expense within ninety (90) days of
conveyance. Railroad will cooperate with City in obtaining such tax parcel proration.
13. This Contract and the rights and obligations thereunder shall survive closing or
acceptance and be continuing in nature.
14. Any future transfers of the Property shall only be allowed to another political
subdivision of the state of Colorado or other not for profit entity or organization. All covenants
of City in this Contract shall be covenants running with the land and shall be binding upon any
successors of City.
15. City acknowledges and affnrns that City's assumption of ownership of the
Property in no way entitles City to use any Railroad trademark or service' mark in any
commercial application without Railroad's express written percussion.
16. CITY, IN ITS ACCEPTANCE HEREOF, HEREBY AGREES TO INDEMNIFY
AND SAVE HARMLESS SAID RAILROAD, FROM AND AGAINST ALL LAWFUL
CLAIMS, DEMANDS, JUDGMENTS, LOSSES, COSTS AND EXPENSES, FOR INJURY TO
OR DEATH OF THE PERSON OR LOSS OR DAMAGE TO THE PROPERTY OF ANY
PERSON OR PERSONS WHOMEVER, INCLUDING THE PARTIES HERETO, IN ANY
MANNER ARISING FROM OR GROWING OUT OF THE NEGLIGENT ACTS OR
OMISSIONS OF CITY, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND
SUBCONTRACTORS IN CONNECTION WITH THE ENTRY UPON, OCCUPATION OR
USE OF THE SAID PROPERTY HEREIN DESCRIBED.
17. Transfer Taxes — City agrees to purchase, affix and cancel any and all
documentary stamps in the amount prescribed by statute, and to pay any and all required transfer
taxes, excise taxes and any and all fees incidental to recordation of the conveyance instrument. In
the event of City's failure to do so, if the Railroad shall be obligated so to do, the City shall be
liable for all costs, expenses and judgments to or against the Railroad, including all of Railroad's
legal fees and expenses and same shall constitute a lien against the Property to be conveyed until
paid by the City.
18. City shall not be entitled to object to the lien of any of Railroad's mortgages.
Railroad shall deliver to City, who shall place of record, good and sufficient releases of the liens
of any mortgages on the Property securing indebtedness to which Railroad is obligated to pay
within one hundred eighty (180) days after the fast meeting of Railroad's Board of Directors held
after the Closing. Railroad hereby indemnifies the City for all losses to the extent such losses
arise directly out of Railroad's failure to obtain and deliver to City good and sufficient releases of
such liens affecting the Property. This provision shall survive Closing, shall be binding on the
parties' successors and assigns and shall not merge into the Deed or any closing documents.
19. Railroad may incorporate the provisions of this Contract into the Deed to ensure
that such provisions run with the land and are enforceable against any parties taking any interest
in the Property by, through or under City.
At 2 Notwithstanding anything herein, this conveyance shall close on or before
2009.
Upon execution pf this letter agreement, a copy will be returned for your file. The formal
Deed will be prepar n accordance with the terms and onditions herein set forth and delivered
to City on or befor DrG 2009.
Accepted and agreed to the � day of 2009.
CITY OF PUEBLO
By:
Name: Vera Ortegon
Title: President of the City Council
Executed the 4 11k day of 2009.
BNSF RAILWAY COMPANY,
a Delaware Corporation
By:
Name: P. Pi r
Title: General Dirertnr - I and Revenue Manageme
EXHIBIT A
Description of Property
[see attached]
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EXHIBIT B
Form of Deed
[see attached]
Reception 1824853
11/17/2009
WHEN RECORDED MAIL TO:
City of Pueblo
c/o Thomas E. Jagger, Esq.
503 N. Main St., Suite 127 _
Pueblo, CO 81003 -3145
QUITCLAIM DEED
THIS DEED, made this � �
G' day of tlt/Crnbv, 2009, between BNSF RAILWAY
COMPANY, a Delaware corporation, (formerly known as The Burlington Northern and Santa
Fe Railway Company and successor by merger to The Atchison, Topeka and Santa Fe Railway
Company), of 2500 Lou Menk Drive, Fort Worth, Texas 76131 -2830, hereinafter called
"Grantor ", and the CITY OF PUEBLO, a municipal corporation organized and existing under
the laws of the state of Colorado, of 1 City Hall Place, Pueblo, CO 81003, hereinafter called
"Grantee ".
WITNESSETH: That the said Grantor, for Ten and No /100 Dollars ($10.00) and other
good and valuable consideration, to the said Grantor in hand paid by the said Grantee, the receipt
whereof is hereby confessed and acknowledged, hath remised, released, sold, conveyed and
quitclaimed, and by these presents doth remise, release, sell, convey and quitclaim, without any
covenants of warranty whatsoever and without recourse to the Grantor, its successors and
assigns, unto the said Grantee, its successors and assigns, forever, all the right, title, interest,
claim and demand, if any, which the said Grantor hath in and to the following described property,
subject, however, to all existing interests, including but not limited to all reservations, rights -of-
way and easements of record or otherwise, located in Pueblo County, Colorado, hereinafter
called "Property ", more particularly described as follows:
See Exhibit A attached hereto and made a part hereof by this reference.
6 Dew - h e rJu'awsi fa7
The obligations in this Deed shall be binding upon Grantee and its heirs, successors and
assigns, and shall be covenants running with the land benefiting Grantor and Grantor's
successors and assigns.
1. As part of the consideration for Grantor's conveyance of the Property, Grantee accepts
the Property on an "as -is, where -is" basis and with all faults, subject to the terms and conditions
contained herein. Grantor expressly disclaims any warranties for the Property or appurtenances
thereto, including, without limitation, warranties as to title to the Property, its physical condition,
availability of utilities, its zoning classification, the design or condition of the Property, its
merchantability or its fitness for any particular purpose, or conformity of the Property to its
intended use.
182 QUIT 11/17/2009 03:38:59 PM
Gilbert Clerki Reaorder0 4 Pueblo ounn0
lber Y: Co
®III r MiI 1� rW1 ll�l�� "1 ®I III
2. The Property shall be used for the construction, repair and maintenance of storm
water drainage facilities including, without limitation, retention ponds and related appurtenances.
3. a. GRANTEE HAS BEEN ALLOWED TO MAKE AN INSPECTION OF THE
PROPERTY AND HAS KNOWLEDGE AS TO THE PAST USE OF THE
PROPERTY. BASED UPON THIS INSPECTION AND KNOWLEDGE,
GRANTEE IS AWARE OF THE CONDITION OF THE PROPERTY AND
GRANTEE IS AWARE THAT GRANTEE ACCEPTS THE PROPERTY
ON AN "AS -IS WITH ALL FAULTS" BASIS WITH ANY AND ALL
PATENT AND LATENT DEFECTS, INCLUDING THOSE RELATING TO
THE ENVIRONMENTAL CONDITION OF THE PROPERTY, AND
THAT GRANTEE IS NOT RELYING ON ANY REPRESENTATION OR
WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER
FROM GRANTOR AS TO ANY MATTERS CONCERNING THE
PROPERTY, INCLUDING THE PHYSICAL CONDITION OF THE
PROPERTY AND ANY DEFECTS THEREOF, THE PRESENCE OF ANY
HAZARDOUS SUBSTANCES, WASTES OR CONTAMINANTS IN, ON
OR UNDER THE PROPERTY, THE CONDITION OR EXISTENCE OF
ANY OF THE ABOVE GROUND OR UNDERGROUND STRUCTURES
OR IMPROVEMENTS IN, ON OR UNDER THE PROPERTY, THE
CONDITION OF TITLE TO THE PROPERTY, AND THE LEASES,
EASEMENTS OR OTHER AGREEMENTS AFFECTING THE
PROPERTY. GRANTEE IS AWARE OF THE RISK THAT HAZARDOUS
SUBSTANCES AND CONTAMINANTS MAY BE PRESENT ON THE
PROPERTY.
b. GRANTEE HEREBY WAIVES, RELEASES AND DISCHARGES
FOREVER, GRANTOR FROM ANY AND ALL CLAIMS OR DEMANDS
ARISING FROM OR IN ANY WAY RELATED TO THE CONDITION OF
THE PROPERTY OR ALLEGED PRESENCE, USE, STORAGE,
GENERATION, MANUFACTURE, TRANSPORT, RELEASE, LEAK,
SPILL, DISPOSAL OR OTHER HANDLING OF ANY HAZARDOUS
SUBSTANCES OR CONTAMINANTS IN, ON OR UNDER THE
PROPERTY, (THE "ENVIRONMENTAL CONDITION ") WHETHER
SUCH ENVIRONMENTAL CONDITION OR SUCH EVENTS GIVING
RISE TO BE ENVIRONMENTAL CONDITION WAS DUE TO THE
SOLE OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF
GRANTOR OR GRANTEE. THE RIGHTS OF GRANTOR UNDER THIS
SECTION SHALL BE IN ADDITION TO AND NOT IN LIEU OF ANY
OTHER RIGHTS OR REMEDIES TO WHICH IT MAY BE ENTITLED
UNDER THIS DOCUMENT OR OTHERWISE.
Quitclaim Deed 2
BNSF to City of Pueblo, CO
1824853 QUIT 11/17/2009 03:38:59 PM
Pa e: 3 of 9 R 46.00 D 0.00 T 46.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
®III K W P41WHAIALWINUR W 44.114 11111
c. GRANTEE COVENANTS NOT TO SUE OR PROSECUTE ANY CLAIMS
AGAINST THE GRANTOR FOR THE CONDITION OR
ENVIRONMENTAL CONDITION OF THE PROPERTY OR ANY SUCH
EVENT GIVING RISE TO THE CONDITION OR ENVIRONMENTAL
CONDITION OF THE PROPERTY.
d. The term "Environmental Law" means any federal, state or local statute,
regulation, code, rule, ordinance, order, judgment, decree, injunction or common
law pertaining in any way to the protection of human health or the environment,
including without limitation, the Resource Conservation and Recovery Act, the
Comprehensive Environmental Response, Compensation and Liability Act, the
Toxic Substances Control Act, and any similar or comparable state or local law.
e. The term "Hazardous Substance" means any hazardous, toxic, radioactive or
infectious substance, material or waste as defined, listed or regulated under any
Environmental Law, and includes without limitation, petroleum oil and any of its
fractions.
4. GRANTEE, IN ITS ACCEPTANCE HEREOF, HEREBY AGREES TO
INDEMNIFY AND SAVE HARMLESS SAID GRANTOR, FROM AND AGAINST ALL
LAWFUL CLAIMS, DEMANDS, JUDGMENTS, LOSSES, COSTS AND EXPENSES, FOR
INJURY TO OR DEATH OF THE PERSON OR LOSS OR DAMAGE TO THE PROPERTY
OF ANY PERSON OR PERSONS WHOMEVER, INCLUDING THE PARTIES HERETO, IN
ANY MANNER ARISING FROM OR GROWING OUT OF THE NEGLIGENT ACTS OR
OMISSIONS OF GRANTEE, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS
AND SUBCONTRACTORS IN CONNECTION WITH THE ENTRY UPON, OCCUPATION
OR USE OF THE SAID PROPERTY HEREIN DESCRIBED.
5. Grantee acknowledges and affirms that Grantor may not hold fee simple title to the
Property, that Grantor's interest in all or part of the Property, if any, may rise only to the level of
an easement for Grantor purposes. Grantee is willing to accept Grantor's interest in the Property,
if any, on this basis and expressly releases Grantor, its successors and assigns from any claims
that Grantee or its successors may have as a result of an abandonment of the line of rail running
over or adjacent to any portion of the Property. In light of Grantor's disclosure that it may not
hold a fee interest in all or part of the Property, Grantee agrees to waive and release and
discharge Grantor from any and all present or future claims or demands arising from or in any
way related to claims or assertions that Grantor did not have the right to transfer all or part of the
Property to Grantee.
6. Any future transfers of the Property shall only be allowed to another political
subdivision of the state of Colorado or other not for profit entity or organization.
Quitclaim Deed 3
BNSF to City of Pueblo, CO
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
TO HAVE AND TO HOLD the Property unto the said Grantee, its successors and
assigns, forever.
IN WITNESS WHEREOF, the said Grantor has caused this instrument to be signed by
its authorized representative, attested by its Assistant Secretary, and its corporate seal to be
affixed hereto on the day and year first above written.
BNSF RAILWAY COMPANY
m`( S
STATE OF TEXAS §
§ ss.
COUNTY OF TARRANT §
By: ,x
bavia P. Schneider
General Director — Land Revenue Management
ATTEST:
Bye a LL
Patricia Zbichorski
Assistant Secretary
/ rThe ' foregoing instrument was acknowledged before me this ��day of
," , 2009, by David P. Schneider as General Director — Land Revenue
M anagement, and Patricia Zbichorski as Assistant Secretary of BNSF RAILWAY COMPANY,
a Delaware corporation.
WITNESS my hand and official seal.
RNONOA BURTON
My Commisslon Expires
September 21.2012 My
Public
Expires: A
Quitclaim Deed 4
BNSF to City of Pueblo, CO
1824853 QUIT 11/17/2009 03:38:59 PM
Pa l: 1 5 of 9 46 Q 0 .0 0 { 0 1 T 4600 L I1,! W
®Ill a rt Ortiz
� I l r .
P lr}� t� o . �I�� 1 ITl.la�� ®I III
M
Name
ACCEPTED:
CITY OF PUEBLO
Z
Vera OrteRon
President of City Council
ATTEST:
f-
Title: City Clerk
STATE OF COLORADO §
§ ss.
COUNTY OF PUEBLO §
The foregoing instrument was acknowledged before me p this a27�A day of
2009, by ���.�'� O��c� �� as lrPSi�PId L trf C j , / 0 , l ,
and as e, of CITY OF PU BE LO,
a municipal corporation organized and existing under the laws of the state of Colorado.
WITNESS my hand and official seal.
Nbtaqj� llublic
My Commission Expires: �111Z O//O//
Quitclaim Deed 5
BNSF to City of Pueblo, CO
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Gilbert Ortiz Clerk /Recorder, Pueblo County. Cc
®iii K6 w� IIJ M lKiAl Wt M N IK0 4 milli
That portion of BNSF Railway Company's (formerly The Atchison, Topeka and Santa Fe
Railway Company) property in the City of Pueblo, County of Pueblo, State of Colorado,
described as follows:
That portion of Block 20 of Irving Park Addition, lying Southerly of a line perpendicular to said
Railway Company's Main Track centerline, which passes through a point on the Easterly line of
said Block 20, distant 235.0 feet Northerly of the Southeast corner of said Block 20, as measured
along said Easterly line, and lying Northeasterly of a line parallel with and distant 34.0 feet
Northeasterly from, measured at right angles to the centerline of said Railway Company's most
Northeasterly Yard Track, as now located and constructed (said parallel line hereinafter referred
to as Line "A "); also,
That portion of Block 10 of Irving Place Second Filing, lying Northeasterly of said hereinabove
described Line "A "; also,
Those portions of Lots 17 through 24, inclusive, in Block 9 of Irving Place Second Filing, lying
Northeasterly of said hereinabove described Line "A"; also,
That portion of Block 12 of Irving Place Second Filing, lying Northeasterly of said hereinabove
described Line "A'; also,
Those portions of Lots 1, 2, 3, 4 and 5 in Block 17 of Irving Place Second Filing, lying
Northeasterly of said hereinabove described Line "A'; also,
Those portions of Lots 14 through 18, inclusive, and those portions of Lots 30 through 35,
inclusive, in Block 23 of Irving Place Second Filing, lying Northeasterly of the following
described line:
Beginning at the intersection of a line parallel with and distant 50.0 feet Northeasterly from,
measured at right angles to the centerline of said Railway Company's most Northeasterly Yard
Track with the East line of Block 26 of said Irving Place Second Filing; thence Northwesterly to
the intersection of a line parallel with and distant 40.0 feet Northeasterly from, measured at right
angles to the centerline of said Railway Company's most Northeasterly Yard Track with the
North line of said Block 23, being the terminus of said herein described line (said line hereinafter
referred to as Line `B "); also,
Those portions of Lots 20 through 28, inclusive, in Block 26 of Irving Place Second Filing, lying
Northeasterly of said hereinabove described "Line B"; also,
6
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
®III I ,6ffl1lj 11U1111 0AAKdhW IW OM Mill
Those portions of Lots 1, 2, 3, 7, 8, 9, 10 and 11 in Block 28 of Irving Place Second Filing, lying
Northeasterly of a line parallel with and distant 50.0 feet Northeasterly from, measured at right
angles to the centerline of said Railway Company's most Northeasterly Yard Track, as now
located and constructed; also,
Those portions of Lots 7, 8, 9 and 10 in Block 23 of Irving Place Addition, lying Northeasterly of
a line parallel and/or concentric with and distant 40.0 feet Northeasterly from, measured at right
angles and/or radially to the centerline of said Railway Company's most Northeasterly Yard
Track, as now located and constructed; also,
Those portions of Lots 31, 32, 33 and 34 in Block 23 of Irving Place Addition, lying
Northeasterly of a line parallel and/or concentric with and distant 34.0 feet Northeasterly from,
measured at right angles and/or radially to the centerline of said Railway Company's most
Northeasterly Yard Track, as now located and constructed; also,
Those portions of Lots 1, 2, 3, 4 and 5, Block 5 and that portion of Lot 6, Block 3 of The Bronx
Subdivision, lying Northwesterly of a line concentric with and distant 18.0 feet Northwesterly
from, measured radially to the centerline of that certain track which passes through said lots in a
generally Southwesterly direction and is designated in the records of said Railway Company as
track number 213; also,
That portion of Lot 5, Block 3 of The Bronx Subdivision, lying Northwesterly of a line
concentric with and distant 18.0 feet Northwesterly from, measured radially to the centerline of
that certain track which passes through said lot in a generally Southwesterly direction and is
designated in the records of said Railway Company as track number 213, and Northerly of a line
parallel with and distant 90.0 feet Northerly from, measured at right angles to the South line of
Section 25, Township 20 South, Range 65 West, 6 th P.M.; also,
Lots 9 and 10, Block 14 of the Thatcher and Thomas Addition; also,
That portion of Block 13 of the Thatcher and Thomas Addition, lying Northeasterly of the
Northeasterly boundary of that certain parcel of land described in Exhibit "A" in deed dated
November 8, 1994 from The Atchison, Topeka and Santa Fe Railway Company to Belton
Associates; LLC.; also
That certain property described in deed dated May 20, 1981 from Hershey Ouye and Nobuo Ouye
to The Atchison, Topeka and Santa Fe Railway Company, recorded June 9, 1981 as Document
No. 666314 in Book 2075, Page 784, records of Pueblo County, Colorado, said property being
described in said deed for reference as follows:
7
BNSF 08063 Pueblo, CO
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Gi l6ert ClerklReoorder0 Pueblo r Co
1IIII'�1 1��1M�'Lh�'I �KyrW1141I4BiI I 11111
"Lots 1 to 6, Block 1, Thatcher and Thomas Addition to the City of Pueblo; together with
vacated 8th Street adjoining said Lots, the vacated alley in Block 1, and the South 1/2 of vacated
9th Street adjoining said Lots. "; also,
That portion of that certain tract of land described in deed dated October 20, 1948 from Elbert D.
Greene to The Atchison, Topeka and Santa Fe Railway Company recorded November 26, 1948,
in Book 1081, Page 391, records of said Pueblo County, situate in the SWl /4SW1 /4 of Section
25, Township 20 South, Range 65 West, 6 th P.M., described as follows:
Commencing at the Southwest corner of said Section 25; thence South 89 °58' East (bearings
based on said deed), along the South line of said Section 25, a distance of 625 feet to the
Southwest corner of Block 3 of The Bronx Addition; thence North 0 °33' West, along the
Westerly boundary of said Block 3, a distance of 90 feet, more or less to a point in a line parallel
with and distant 90.0 feet Northerly from, measured at right angles to said South line of Section
25, said point being the True Point of Beginning for the tract herein described; thence North
89 °58' West, along said parallel line, 170 feet, more or less, to a line parallel with and distant
20.0 feet Northeasterly from, measured at right angles to the centerline of that certain 30 -foot
wide strip of land described in Easement dated August 30, 1963 from The Atchison, Topeka and
Santa Fe Railway Company to Southern Colorado Power Company Division, Western Power &
Gas Company; thence Northwesterly, along said parallel line, to the South line of vacated West
8th Street extended Westerly; Thence Easterly, along said South line, to said Westerly boundary
of Block 3; thence South 0 °33' East, along said Westerly Boundary of Block 3, a distance of 270
feet, more or less to the Point of Beginning.
Together with all right, title and interest, if any, in and to the following streets and alleys:
That portion of Albany Avenue lying Northeasterly of said hereinabove described Line "A" and
Southerly of the Westerly prolongation of the North line of Lot 24, Block 9 of Irving Place
Second Filing.
That portion of West 23rd Avenue (formerly Hawthorne Avenue) lying Northeasterly of said
hereinabove described Line "A" and Westerly of the Southerly prolongation of the East line of
Lot 17, Block 9 of Irving Place Second Filing.
That portion of the alley in Block 12 of Irving Place Second Filing lying Northeasterly of said
hereinabove described Line "A ".
That portion of the alley in Block 23 of Irving Place Second Filing lying Northeasterly of said
hereinabove described Line `B" and Westerly of the Southerly prolongation of the East line of
Lot 18 of said Block 23.
8
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
s
That portion of West 20th Street lying Northeasterly of said hereinabove described Line `B" and
Westerly of the Southerly prolongation of the Easterly line of Lot 30, Block 23 of Irving Place
Second Filing.
That portion of the alley in Block 26 of Irving Place Second Filing lying Northeasterly of said
hereinabove described Line `B ".
That portion of the alley in Block 28 of Irving Place Second Filing lying Northeasterly of a line
parallel with and distant 50.0 feet Northeasterly from, measured at right angles to the centerline
of said Railway Company's most Northeasterly Yard Track, as now located and constructed and
Westerly of the Southerly prolongation of the East line of Lot 3 of said Block 28.
That portion of Cheyenne Avenue lying Northeasterly of a line parallel with and distant 50.0 feet
Northeasterly from, measured at right angles to the centerline of said Railway Company's most
Northeasterly Yard Track, as now located and constructed and Southerly of the Westerly
prolongation of the Northerly line of Block 28 of Irving Place Second Filing.
That portion of West 9th Street lying Easterly of the Northeasterly boundary of that certain parcel
of land described in Exhibit "A" in deed dated November 8, 1994 from The Atchison, Topeka
and Santa Fe Railway Company to Belton Associates, LLC. and Westerly of the Southerly
prolongation of the East line of Lot 10, Block 14 of Thatcher and Thomas Addition.
That portion of the alley in Block 13 of Thatcher and Thomas Addition lying Easterly of the
Northeasterly boundary of that certain parcel of land described in Exhibit "A" in deed dated
November 8, 1994 from The Atchison, Topeka and Santa Fe Railway Company to Belton
Associates, LLC.
That portion of vacated West 8th Street lying Westerly of the Westerly boundary of Block 3 of
The Bronx Addition and Easterly of that portion of vacated 8th Street adjoining Block 1 of the
Thatcher and Thomas Addition.
APPROVED
KKI�-
LEGAL
APPROVED
Mellina &
FORM
Larson
APPROVED
9
BNSF 08063 Pueblo, CO