HomeMy WebLinkAbout10250ORDINANCE NO. 10250
AN ORDINANCE APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A LETTER OF UNDERSTANDING
BETWEEN THE CITY OF PUEBLO, A COLORADO
MUNICIPAL CORPORATION, AS BUYER, AND THE UNION
PACIFIC RAILROAD COMPANY, A DELAWARE
CORPORATION, AS SELLER, PERTAINING TO THE
CONVEYANCE OF REAL PROPERTY TO FACILITATE THE
PUEBLO LEVEE RESTORATION PROJECT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Letter of Understanding (“Agreement”) between the City of Pueblo, a Colorado
municipal corporation (“City”) and the Union Pacific Railroad Company, a Delaware
corporation (“UPRR”) dated July 11, 2022, relating to the Pueblo Levee Restoration
Project, a copy of which Agreement is attached hereto and is incorporated herein by this
reference, having been approved as to form by the City Attorney, is hereby approved.
The Mayor is authorized to execute and deliver said Agreement in the name of the
City and the City Clerk is authorized to affix the seal of the City thereto and attest same.
The Mayor is further authorized to execute and deliver documents related to this
transaction at closing, purchasing the property owned by UPRR, as identified in and in
the manner described in the attached Agreement.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts
consistent with this Ordinance and the attached Agreement which are necessary or
appropriate to implement the transactions described therein.
SECTION 3.
This Ordinance shall become effective on the date of final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on July 25, 2022 .
Final adoption of Ordinance by City Council on August 8, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on August 9, 2022 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-17
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: July 25, 2022
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
A LETTER OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION, AS BUYER, AND THE UNION
PACIFIC RAILROAD COMPANY, A DELAWARE CORPORATION, AS SELLER,
PERTAINING TO THE CONVEYANCE OF REAL PROPERTY TO FACILITATE
THE PUEBLO LEVEE RESTORATION PROJECT
SUMMARY:
Attached is an Ordinance approving and authorizing the Mayor to sign an agreement for the City
to purchase approximately 2.05 acres of land from the Union Pacific Railroad Company (“UPRR”)
located near the confluence of Fountain Creek and the Arkansas River. The purpose of the
purchase is to allow the Pueblo Levee Restoration Project (“PLRP”) to be undertaken and
completed in a timely manner.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
Pursuant to C.R.S. § 32-11.5-201, the Fountain Creek Watershed, Flood Control and Greenway
District (“District”) was created and established as a political subdivision of the State of Colorado
with the stated purpose of providing management, administration and to fund capital
improvements necessary in the Fountain Creek watershed to prevent and mitigate flooding,
sedimentation, and erosion; improve water quality and otherwise address water quantity issues;
improve drainage; fund the acquisition and protection of open space; develop public recreational
opportunities, including parks, trails, and open space; and improve wildlife and aquatic habitat
and restore, enhance, establish, and preserve wetlands.
The District established Fountain Creek Watershed Water Activity Enterprise (“Enterprise”) to
hold, manage and expend funds made available to the District for flood control projects on
Fountain Creek in El Paso and Pueblo Counties. The current funds held and managed by the
Enterprise are for flood control projects in the City and Pueblo County. The Enterprise is a
separate legal entity but is controlled by and works on projects approved by the District.
The District and the Enterprise have approved and authorized the PLRP. The Enterprise has
engaged Matrix Design Group, Inc. (“Matrix”) to provide planning and design services for the
construction, administration, implementation and observation of the PLRP. The goals of the PLRP
are (1) to improve flood conveyance capacity by the removal of relic railroad infrastructure; (2)
the grading of overbank areas; (3) to encourage natural "flow-through" wetland function; and (4)
to remove noxious vegetation and establish native vegetation.
The relic railroad infrastructure is situated on land owned by UPRR. This Ordinance approves the
acquisition of such land by the City to allow the Enterprise to remove the infrastructure as part of
the PLRP.
FINANCIAL IMPLICATIONS:
The property is being donated by UPRR at no cost to the City. The title insurance premium and
closing costs will be paid by the City.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
City Council could decide not to accept the parcel of land being donated by UPRR to facilitate the
PLRP.
RECOMMENDATION:
Approval of this Ordinance.
Attachments:
Proposed Ordinance
Proposed Letter of Understanding regarding the conveyance of real property
UNION
PACIFIC
III'll
July 11, 2022
Folder: 2452-76
Via Electronic Mail
NGradisar@pueblo.us
City of Pueblo, Colorado
Attn: Mayor Gradisar
1 City Hall Place
Pueblo,Colorado 81003
Mayor Gradisar:
This letter ("Agreement") confirms our understandings covering the possible sale by UNION PACIFIC
RAILROAD COMPANY, a Delaware corporation("Seller"),to CITY OF PUEBLO, COLORADO, a body
corporate and a political subdivision of the State of Colorado ("Buyer"), of Seller's interest in and to certain
real property located in the City and County of Pueblo, State of Colorado, generally shown in red
crosshatching and identified as"SALE AREA"on the print dated January 11,2022 attached hereto as Exhibit
A and made a part hereof ("Land"), together with all of Seller's right, title and interest, if any, in all
improvements located on the Land, including, without limitation, all trackage in the location generally
shown by a light blue bolded line on Exhibit A, ballast, ties, rail trestle (whether wood or other material)
in the location generally shown within the yellow/orange bolded line, dirt embankment and concrete piers,
and any and all appurtenances related thereto(collectively,"Personal Property").The Land and the Personal
Property may hereinafter be collectively referred to as the "Property",where applicable.
The undersigned will recommend to Seller's Management a sale of the Property on the following terms and
conditions:
Article 1. Description of the Land:
A. The Land is approximately 2.05 acres as shown on Exhibit A. The legal description of the
Land will be determined by a Survey("Survey"),which Survey will be obtained by and at
the sole cost and expense of Buyer. The Survey will depict all facilities affecting the Land.
B. Before finalizing the Survey, Buyer shall submit the draft Survey to Seller for review and
approval. Computer files of the Survey and legal descriptions shall be sent via e-mail to
jagates@UP.COM, with a subject line referencing the UPRR Folder Number 02452-76
assigned to this document. Buyer shall deliver a certified copy of the completed Survey to
Seller within Sixty(60) days after Buyer's execution of this Agreement("Survey Period").
Delay in obtaining or furnishing the Survey to Seller shall in no event give Buyer the right
to extend the Closing Date(as defined in Article 8.A.below).
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha,Nebraska 68179-1690 fx.(402)501-0340
Article 2. Sale Price:
The sale price("Sale Price") for the Property shall be the sum of Ten Dollars($10.00), and
other valuable consideration.
Article 3. Feasibility Review/Right of Entry:
A. For ninety (90) days from the date of execution of this Agreement by Buyer ("Feasibility
Review Period"), Buyer and its agents and contractors may enter upon the Property to
perform environmental audits,soil tests,engineering and feasibility studies of the Property,
including any testing or studies necessary for Buyer's completion of the Material
Management Plan (as defined in Article 3.D. below). If the results of such audits, tests or
studies, or Buyer's review of title or any other matters relating to the Property are
unsatisfactory, Buyer may terminate this Agreement by giving Seller written notice before
the end of the Feasibility Review Period. If no such written notice of termination is given
before the end of the Feasibility Review Period, the Property will be deemed suitable for
Buyer's purposes. In the event of such termination by Buyer,then Buyer shall surrender to
Seller copies of all audits, soils, engineering and any other reports prepared for Buyer
pertaining to the Property(including the Material Management Plan) and such reports will
become the sole property of Seller without cost or expense of Seller, and this Agreement
will terminate without any further force and effect,and without further obligation of either
party to the other.
B. Buyer's right to enter upon the Property pursuant to Article 3.A. above is subject to the
following:
1. To the maximum extent permitted by law, Buyer will indemnify, defend and save
harmless Seller and/or Seller's affiliates (Seller's affiliates means any corporation
which directly or indirectly controls or is controlled by or is under common control
with Seller), their officers, agents and employees, against and from any and all
liability, loss, costs and expense of whatsoever nature growing out of personal
injury to or death of persons whomsoever, or loss or destruction of or damage to
property whatsoever, where such personal injury, death, loss, destruction or
damage arises in connection with the entry upon the Property by Buyer, its agents
or contractors prior to Closing(as defined in Article 8.A. below).
2. Buyer and Buyer's agents and contractors (collectively, "Contractors") will
maintain in confidence all information, reports, and evaluations generated in
connection with any environmental assessments and will not make disclosure
without the prior written consent of Seller. If Buyer discovers hazardous or toxic
substances or materials, Buyer will immediately notify Seller.
3. Buyer will promptly deliver to Seller the results and copies of any and all reports,
evaluations, tests and studies generated in connection with any environmental
assessments. Prior to the issuance of any final environmental report, Seller will have
the opportunity to make comments,pose questions and offer recommendations to the
Contractor preparing the report.
4. To the maximum extent permitted by law, Buyer agrees to indemnify, defend and
hold harmless Seller against and from any and all liens,claims,demands,costs and
expenses of whatsoever nature in any way connected with or growing out of any
work done, labor performed or materials furnished at the Property on behalf of
Buyer prior to Closing.
5. If the sale of the Property does not close, Buyer will, as soon as possible and at
Buyer's sole expense, restore the Property to the same condition it was in
immediately prior to the time Buyer entered the Property, failing in which Seller
may perform the work of restoration and Buyer will reimburse Seller within thirty
(30) days after rendition of bill by Seller.
C. Absence of markers is not a warranty by Seller of no subsurface installations. Fiber optic
systems, pipelines, and other structures may be buried on the Property. Before any
digging/drilling/excavation, the following procedures will be followed by Buyer and
Buyer's Contractors:
1. Protection of any fiber optic cable systems is of extreme importance since any
break could disrupt service to users resulting in business interruption and loss of
revenue and profits. Buyer will telephone 1-800-336-9193 (a 24-hour, 7-day
number for emergency calls)during normal business hours(7 A.M. to 9 P.M., CT,
Monday-Friday,except holidays)to determine if any fiber optic cable is buried on
the Property. If it is determined that fiber optic cable is buried on the Property,
Buyer shall promptly inform Seller, at the address at the bottom of the first page
of this Agreement, of the results of its investigation.
2. Before drilling or excavating with mechanized equipment, Buyer will explore with
hand tools to a depth of at least eight feet(8')below the surface or will use suitable
detection equipment.
D. In addition to any environmental audits,soil tests,engineering and feasibility studies of the
Property performed by Buyer or its Contractors, the Materials Management Plan Dated
March 2022, prepared by Matrix Environmental Services, LLC and referenced as Matrix
Project Number 20.526.029 covering Buyer's post-closing removal and offsite disposal of
the Personal Property("Material Management Plan"),has been reviewed and approved by
Seller.
E. Notwithstanding any provisions in this Agreement to the contrary, if this Agreement is
terminated for any reason whatsoever, Buyer will remain obligated to comply with the
provisions of Article 3.A. and 3.B. and Seller will retain all of its remedies for Buyer's
default under Article 3.A. and 3.B.
Article 4. As Is Sale-Release- Indemnity:
A. Prior to the Closing Date, Buyer will have the opportunity to make such inspections of the
Property and matters related thereto as Buyer desires, including, without limitation,
governmental laws and regulations to which the Property is subject,the title to the Property,
and the suitability or fitness of the Property for Buyer's proposed use. Buyer acknowledges
and agrees that the Property is to be sold and accepted by Buyer in an "AS IS" condition,
with all faults, and Buyer acknowledges that the Property may have been used for railroad
and/or industrial purposes, among other uses. Buyer agrees that any information Buyer
may receive from Seller or its agents concerning the Property (including, but not limited
to, any lease or other document, engineering study or environmental assessment) is
furnished on the condition that Buyer will make an independent verification of the accuracy
of the information. Seller does not make any representations or warranties of any kind
whatsoever, either express or implied, with respect to the Property; in particular, without
limitation, Seller makes no representations or warranties with respect to the use,condition,
title, occupation or management of the Property, or compliance with applicable statutes,
laws, codes, ordinances, regulations, requirements (collectively "Condition of the
Property"). Buyer acknowledges that it is entering into this Agreement on the basis of
Buyer's own independent investigation of the physical and environmental conditions of the
Property. Buyer assumes the risk that adverse physical and environmental conditions may
not have been revealed by its investigation.
B. FROM AND AFTER CLOSING,BUYER WILL RELEASE SELLER,AND,TO THE
MAXIMUM EXTENT PERMITTED BY LAW,INDEMNIFY,DEFEND AND SAVE
HARMLESS SELLER, ITS AFFILIATES, THEIR EMPLOYEES, AGENTS,
OFFICERS,SUCCESSORS AND ASSIGNS,FROM AND AGAINST ANY AND ALL
SUITS, ACTIONS, CAUSES OF ACTION, LEGAL OR ADMINISTRATIVE
PROCEEDINGS, CLAIMS, DEMANDS, FINES, PUNITIVE DAMAGES, LOSSES,
COSTS, LIABILITIES AND EXPENSES, INCLUDING ATTORNEYS' FEES, IN
ANY WAY ARISING OUT OF OR CONNECTED WITH THE KNOWN OR
UNKNOWN CONDITION OF THE PROPERTY (INCLUDING, WITHOUT
LIMITATION, ANY CONTAMINATION IN, ON, UNDER OR ADJACENT TO
THE PROPERTY BY ANY HAZARDOUS OR TOXIC SUBSTANCE OR
MATERIAL), OR ANY FEDERAL, STATE OR LOCAL LAW, ORDINANCE,
RULE OR REGULATION APPLICABLE THERETO, INCLUDING, WITHOUT
LIMITATION, THE TOXIC SUBSTANCES CONTROL ACT, THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND
LIABILITY ACT, AND THE RESOURCE CONSERVATION AND RECOVERY
ACT. THE FOREGOING WILL APPLY REGARDLESS OF ANY NEGLIGENCE
OR STRICT LIABILITY OF SELLER, ITS AFFILIATES, OR THEIR
EMPLOYEES,AGENTS OR OFFICERS.
C. With respect to any existing or future environmental contamination of the soil and/or
groundwater in, on or under the Property, from and after Closing, Buyer, at no cost to
Seller, agrees to be solely responsible for conducting any investigation, monitoring,
remediation,removal,response or other action required by any governmental agency,court
order, law or regulation or otherwise necessary to make the Property suitable for Buyer's
use of the Property.
D. The provisions of this Article 4 will survive the delivery of the Deed(as defined in Article
6.A. below), and will bind and inure to the benefit of the parties hereto, their successors
and assigns.
Article 5. Escrow, Title Insurance and Abstract of Title:
A. Seller will not furnish title insurance or an abstract of title to the Land. Buyer may, at its
sole option and expense, obtain a preliminary title report ("PTR") in order to review the
status of title to the Land during the Feasibility Review Period. If Buyer obtains a PTR, a
copy will be delivered to Seller. Seller has no obligation to cure any title defects or to assist
Buyer in obtaining title insurance.
B. If Buyer desires title insurance, Buyer shall pay the cost of any title insurance and any
endorsements or changes to the title policy desired by Buyer. If an escrow is used, Buyer
shall pay any and all fees relating to the escrow, including, but not limited to, any City
and/or County Transfer Taxes and recording fees.
Article 6. Closing Deliverables et al.; Buyer's Post-Closing Performance of Work:
A. Closing Deliverables. At Closing, Seller will transfer Seller's interest in the Land to Buyer
by Quitclaim Deed ("Deed"), subject to all outstanding rights, whether or not of record.
Additionally, Seller will transfer Seller's interest in the Personal Property to Buyer by
Quitclaim Bill of Sale("Quitclaim Bill of Sale").
B. Seller's Reservation from the Land. Seller will reserve from the transfer of the Land all
minerals and mineral rights without right of surface entry.
C. Post-Sale Covenants on the Land. The Land will be quitclaimed to Buyer by Seller subject
to the following covenants, conditions and restrictions which Buyer,by the acceptance of
the Deed, shall covenant for itself, its successors and assigns, faithfully to keep, observe
and perform:
(i) Landlocked Parcel. Buyer acknowledges that the Land is landlocked and has no
access to a public roadway. Buyer further acknowledges that Seller does not
convey any express or implied easement to Buyer for access across any lands or
rights of way of Seller ("Seller's Property"). Any access to the Land must be
secured by Buyer across lands or rights of way owned by persons or entities other
than Seller. Accordingly, Seller hereby declares that the Land is subject to the
following covenant and restriction:
Buyer,its successors or assigns,shall not seek or claim any access
to the Property across Seller's Property from Seller, its successors
and assigns, or from any state or federal entity or body or court
that may have jurisdiction. This restriction and covenant will run
with the land and bind Buyer, its successors and assigns, and
benefit Seller, its successors and assigns. Seller is entitled to
initiate proceedings at law or in equity against any person(s)who
breaches this restriction and covenant, and to collect from the
breaching party damages, attorney fees and costs.
(ii) Restriction On Use. The Land must not be used for (i) residential, (ii) lodgings or
accommodations (including, without limitation, hotels, motels, boarding houses,
dormitories, hospitals, nursing homes, or retirement centers), or(iii)educational or
child-care facilities(including,without limitation,schools,kindergartens or day-care
centers).
(iii) The foregoing covenants, conditions and restrictions shall run with the Land, the
burdens of which will be binding on the successors and assigns of Buyer and the
benefits of which will inure to the successors and assigns of Seller. A breach of the
foregoing covenants,conditions and restrictions,or the continuance thereof,may,at
the option of Seller, its successors or assigns, be enjoined, abated, or remedied by
appropriate proceedings.
D. Buyer's Post-Closing Performance of Work.Within ninety(90)days after the Closing Date,
Buyer shall complete all requirements and work outlined in the Material Management Plan.
As required under Article 4.C.above, Buyer,at no cost to Seller,shall be solely responsible
for conducting any investigation, monitoring, remediation, removal, response or other
action required by any governmental agency, court order, law or regulation or otherwise
necessary to make the Property suitable for Buyer's use of the Property.
Article 7. Existing Agreements:
A. If any lease or "Use Rights" (license or other rights to use the Property) affects only the
Property(whether identified by Seller before or after execution of this Agreement), Seller's
rights and obligations under any such identified lease or Use Right will be assigned to and
assumed by Buyer at or after Closing.
B. Buyer acknowledges that the Property may be subject to unidentified Use Rights. It is the
responsibility of Buyer to determine if any of these unidentified Use Rights exist.
Article S. Closing-Default:
A. Closing of the transaction described in this Agreement("Closing") will occur within thirty
(30) days after expiration of the Feasibility Review Period ("Closing Date"). The Closing
will be deemed to occur upon payment of the Sale Price by wire transfer or a cashier's or
certified check, and delivery of the Deed for the Land and the Quitclaim Bill of Sale for
the Personal Property. All Closing costs, including transfer taxes and excise taxes, will be
paid by Buyer.
B. If Closing fails to occur due to default by Seller, Buyer may terminate this Agreement as
Buyer's sole remedy against Seller. In the event of such termination, neither Seller nor
Buyer will have any further liability hereunder.
C. If Closing fails to occur due to default by Buyer, Seller may terminate this Agreement and
neither Seller nor Buyer shall have any further obligations or liability hereunder except for
any of Buyer's surviving obligations pursuant to Article 3.B.above. In no event shall Seller
have any obligation whatsoever to extend the Closing Date for any reason if Buyer fails to
perform.
Article 9. Prorations:
Local property taxes, if any, and other assessments due and payable in the year of Closing, as well
as rental under any leases or Use Rights that are being assigned, will be prorated as of the date of
Closing. Buyer will assume any installments of assessments not yet due and payable.
Article 10. Negotiations—Brokers and Finders:
Negotiations relative to this transaction have been carried on by both parties without the
intervention of any person which will give rise to any valid claim against either of the parties hereto,
for brokerage commission or other like payment. Each party shall indemnify, to the maximum
extent permitted by law, and hold harmless the other party against and from any and all claims for
brokerage commission or other like payments arising out of the transaction contemplated by this
Agreement and occasioned by the indemnifying party.
Article 11. Subdivision/Platting Compliance:
It may be necessary to comply with local or state subdivision or platting laws or regulations prior to
Closing. All necessary applications, maps and other requirements to comply with this requirement
will be completed by Buyer at Buyer's sole cost and expense,and are subject to review and approval
by Seller before filing. If Buyer fails to comply with subdivision requirements prior to the Closing
Date,or if any proposed subdivision plat or parcel map contains conditions affecting Seller,the Land
prior to Closing,or other real property owned by Seller,then Seller,in its sole and absolute discretion,
may terminate this Agreement.Seller is not obligated to extend the Closing Date due to Buyer's failure
to comply with subdivision or platting requirements prior to the Closing Date.
Article 12. Mortgage Release:
If the Property is subject to a blanket mortgage granted by Seller or a corporate predecessor of
Seller, Seller will obtain a release within approximately six(6) months after Closing.
Article 13. Seller's Management Approval:
BUYER ACKNOWLEDGES THAT NEITHER THIS AGREEMENT NOR THE
NEGOTIATIONS LEADING TO THIS AGREEMENT CREATE ANY OBLIGATION ON
THE PART OF SELLER TO SELL THE PROPERTY TO BUYER UNLESS THIS
AGREEMENT IS APPROVED IN ACCORDANCE WITH SELLER'S MANAGEMENT
POLICY STATEMENT. IF SUCH APPROVAL IS NOT GIVEN AND COMMUNICATED
TO BUYER BY THE CLOSING DATE, THIS AGREEMENT WILL TERMINATE AND
NEITHER PARTY WILL HAVE ANY FURTHER OBLIGATION.
Article 14. Condemnation:
If, prior to Closing, a governmental agency commences or imminently threatens in writing to
commence any eminent domain proceedings to take any material portion of the Property, Buyer
and Seller shall each have the unilateral right, exercisable by giving notice of such decision to the
other party within thirty (30) days after receiving written notice of such actual or threatened
condemnation proceedings, to terminate this Agreement. In the event of such termination, this
Agreement will be without any further force and effect and without further obligation of either
party to the other. If neither party elects to terminate pursuant to this Article 14,the Sale Price will
be determined as though such condemnation had not occurred, and the net proceeds of
condemnation awards paid or payable to Seller by reason of such condemnation of the Property
shall be paid or assigned to Buyer at Closing.
Article 15. Counterparts; Electronic Signatures:
This Agreement (or any amendments hereto) may be executed in any number of counterparts
and in separate counterparts,each of which shall be deemed an original.The exchange of copies
of this Agreement and of signature pages by facsimile or e-mail transmission shall constitute
effective execution and delivery of this Agreement as to the parties and may be used in lieu of
the original Agreement for all purposes. Signatures of the parties transmitted by facsimile or
e-mail shall be deemed to be their original signatures for all purposes.
If you agree with the foregoing terms and conditions with respect to the possible purchase of the Property,please
indicate your acceptance of these terms and conditions by signing in the acceptance space provided below and
returning one copy to Joe Gates at the address listed on the bottom of the first page of this letter or by electronic
mail at jagates(a,up.com in order that it is received by Seller no later than August 31,2022. If not returned by
August 31,2022,terms of this agreement shall become null and void.Please also indicate below how you wish
to take title.If you should have any questions,please call Joe Gates at(402)544-2255.
Sincerely,
Digitally signed by Rodney S.Carroll
Rodney S. Carroll ReasonUsam approvengthis U000menRodney S.Carroll
Date:2022.08.02 16:37:10-05'00'
General Director-Real Estate
ACCEPTED AND AGREED THIS/141
AY OF A/rat , 2022
ATTEST: CITY OF PUEBLO
S' 744,By
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City k Nicholas A Gradisar, Mayor
Title to the Property will be taken as follows:
City of Pueblo,a Colorado municipal corporation
Mailing Address:
City of Pueblo
c/o Mayor
1 City Hall Place,2nd Floor
Pueblo, CO 81002
Main x Design Group, Inc.
2435 Research Parkway Sute 300
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EXHIBIT A
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF THE 100.00 WIDE UNION PACIFIC RAILROAD RIGHT-OF-WAY LOCATED IN THE
NORTHEAST ONE-QUARTER OF SECTION 6,TOWNSHIP 21 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
CITY OF PUEBLO,COUNTY OF PUEBLO,STATE OF COLORADO;MORE PARTICULARLY DESCRIBED AS FOLLOWS WITH
BEARINGS REFERENCED TO A LINE CONNECTING THE NORTHWEST CORNER OF SAID SECTION 6 MONUMENTED BY A
FOUND 3-1/4" BRASS CAP STAMPED"LS 29034"AND THE NORTHEAST CORNER OF SAID SECTION 6 MONUMENTED BY A
FOUND LEAD PLUG IN STONE IN RANGE BOX,ASSUMED TO BEAR NORTH 89°37'46"WEST A DISTANCE OF 5,308.33 FEET:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 6;THENCE SOUTH 76°29'01"WEST,A DISTANCE OF 1859.55
FEET TO THE INTERSECTION OF THE SOUTHERLY LINE OF SAID UNION PACIFIC RAILROAD RIGHT-OF-WAY,BEING 50.00
FEET SOUTHERLY OF AND PARALLEL WITH THE REMNANTS OF THE CENTERLINE OF THE EXISTING TRACKS OF SAID UNION
PACIFIC RAILROAD,WITH A LINE BEING 50.00 FEET EASTERLY OF AND PARALLEL WITH THE CENTERLINE OF THE
BURLINGTON,NORTHERN AND SANTA FE RAILROAD TRACKS;
THENCE NORTH 26°44'48"WEST,ON SAID PARALLEL LINE,A DISTANCE OF 100.55 FEET TO THE NORTHERLY LINE OF THE
OF SAID UNION PACIFIC RAILROAD RIGHT-OF-WAY BEING 50.00 FEET NORTHERLY OF AND PARALLEL WITH THE
REMNANTS OF THE CENTERLINE OF THE EXISTING TRACKS OF SAID UNION PACIFIC RAILROAD TRACKS;
THENCE NORTH 69°13'44"EAST,ON SAID RIGHT-OF-WAY LINE,A DISTANCE OF 691.36 FEET TO A TANGENT 1443.79
FOOT RADIUS CURVE WHOSE CENTERS BEARS SOUTHEASTERLY;
THENCE NORTHEASTERLY,ON SAID CURVE,THROUGH A CENTRAL ANGLE OF 8°33'27"AN ARC LENGTH OF 215.64 FEET;
THENCE SOUTH 12°12'49"EAST,A DISTANCE OF 100.00 FEET TO THE PREVIOUSLY CITED SOUTHERLY LINE OF UNION
PACIFIC RAILROAD RIGHT-OF-WAY,ALSO BEING A POINT ON A NON-TANGENT, 1343.79 FOOT RADIUS CURVE WHOSE
CENTER BEARS SOUTH 12°12'49"EAST;
THENCE SOUTHWESTERLY,ON SAID RIGHT-OF-WAY LINE AND CURVE,THROUGH A CENTRAL ANGLE OF 8°33'27"AN ARC
LENGTH OF 200.70 FEET;
THENCE SOUTH 69°13'44"WEST,ON SAID SOUTHERLY UNION PACIFIC RIGHT-OF-WAY LINE,A DISTANCE OF 680.89 FEET
TO THE POINT OF BEGINNING.
THE ABOVE DESCRIPTION YIELDS A CALCULATED AREA OF 89,429 SQUARE FEET(2.053 ACRES),MORE OR LESS AND IS
DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR REFERENCE.
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41
ROBERT L.MEADOWS,PLS
COLORADO LICENSED PROFESSIONAL LAND SURVEYOR NO.34977
PREPARED FOR AND ON BEHALF OF MATRIX DESIGN GROUP
Excellence by Design
SHEET 1 OF 2
Anniston,AL Atlanta. GA I Colorado Springs. CO Denver, CO 1 Niceville. FL I Parsons KS ( Phcenlx AZ
Sacramento, CA 1 Tamuning. GUAM I Texarkana TX Washington. DC
\\STYX\PROJECTS\20.526.029.000 PUEBLO LEVEE SYSTEM FLOODPLAIN REST\700 SURVEY\PUEBLO LEVEE\LEGAL DESCRIPTION\RR ROW DESCRIPTION RLM2.DOCX
POINT OF COMMENCEMENT
N.W. CORNER SECTION 6-21-64 N.E. CORNER SECTION 6-21-64
FOUND 3-1/4" BRASS CAP "LS 29034" FOUND LEAD PLUG IN STONE IN RANGE BOX
BASIS OF BEARINGS
N89°37'46"W 5308.33'
MATHEMATICAL TIE LINE ONLY BETWEEN N.W. COR. SEC. 6 AND N.E. COR. SEC. 6
W
G1
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CENTERLINE OF TRACKS N o
UNION PACIFIC RAILROAD
69136 ` o
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0 \f BURLINGTON NORTHERN
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FOUND 3-1/4"ALUMINUM CAP
"LS 11550"-\
CURVE TABLE
CURVE# ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH
Cl 215.64 1443.79 8°33'27" N73°30'27"E 215.44
C2 200.70 1343.79 8°33'27" S73°30'27'W 200.52
100' 0 200'
1.1111111111 .111
SCALE: 1"= 200'
AREA 89,429 SQ. FT. (2.05302 ACRES)
LAND DESCRIPTION
�,,r' Matrix
2435 Research Parkway, Suite 300 NORTHEAST ONE-QUARTER SECTION 6,T21 S,R64 W
`j1 Colorado Springs,CO. 80920 CITY OF PUEBLO,COUNTY OF PUEBLO,COLORADO
Phone 719-575-0100 EXHIBIT
Excellence by Design Fax 719-575-0208 DATE: FEB.22,2022
CHECKED BY: RLM 2 OF 2
JN:20.526.029
S:\20.526.029.000 Pueblo Levee System Floodplain Rest\700 Survey\Pueblo Levee\Legal Description\RR ROW RLM Ground.dwg
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NOTE: BEFORE YOU BEGIN ANY WORK. SEE
f.
LEGEND AGREEMENT FOR FIBER OPTIC PROVISIONS.
SALE AREA • •• EXHIBIT "A" I
UPRRCO.R/W OUTLINED ---------- UNION PACIFIC RAILROAD COMPANY
PUEBLO. PUEBLO COUNTY. COLORADO
SALE AREA = 2.05 ACRES +/—
M.P. 622 — ABANDONED HOISINGTON SUB.
MAP MP V-1 / S-38A & S-38B
SCALE: 1 " = 200' `
CADD 0245276
FILENAME OFFICE OF REAL ESTATE
OMAHA. NEBRASKA DATE: 1-11-2022
SCAN X `
FILENAME PJB FILE: 0245276
Official Records of Pueblo County Clerk & Recorder 2293139
1010512022 10:46:12 AM Page 1 of 1
Agreement R: $13.00 D: $0.00 Gilbert Ortiz
UNION
BUILDING AMERICA'
IIII�I
UNION PACIFIC RAILROAD COMPANY
CERTIFICATE OF AUTHORITY
The undersigned, a duly appointed and acting Assistant Secretary of UNION
PACIFIC RAILROAD COMPANY, a Delaware corporation (the "Company"), certifies that in
accordance with the By-Laws of the Company, as amended, effective May 14, 2009, the
Management Policy Statement adopted by the Board of Directors of the Company, as amended on
May 10, 2012, and general and specific delegations of authority pursuant thereto, Mr. Chris D.
Goble, Assistant Vice President—Real Estate of the Company, has been delegated the requisite
authority on behalf of the Company to approve, execute, and deliver contracts, deeds and other
documents and to execute all documents associated therewith.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
seal of UNION PACIFIC RAILROAD COMPANY this I St" day of Set-II-mkt- , 20
Assistant Secretary
`_(SEAL)
Official Records of Pueblo County Clerk & Recorder 2293140
10/05/2022 10:46:12 AM Page 1 of 7
Quit Claim Deed R: $43.00 D: $0.00 Gilbert Ortiz
RECORDING REQUESTED BY AND
WHEN RECORDED,RETURN TO:
City of Pueblo
do Mayor of the City of Pueblo
1 City Hall Place, 2nd Floor
Pueblo, Colorado 81002
(Space Above for Recorder's Use Only)
2452-76
QUITCLAIM DEED
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation
("Grantor"),in consideration of the sum of Ten Dollars ($10.00), and other valuable consideration
to it duly paid, the receipt whereof is hereby acknowledged, does hereby REMISE,RELEASE and
forever QUITCLAIM unto CITY OF PUEBLO,a municipal corporation of the State of Colorado,
whose address is 1 City Hall Place, 2nd Floor, Pueblo, Colorado 81002, c/o Mayor of the City of
Pueblo("Grantee"),and unto its successors and assigns forever,all of Grantor's right,title,interest,
estate, claim and demand, both at law and in equity, of, in, and to the real estate ("Property")
situated in Pueblo County,State of Colorado,as more particularly described in Exhibit A, attached
hereto and made a part hereof
EXCEPTING from this quitclaim and RESERVING unto Grantor, its successors
and assigns, forever, all minerals and all mineral rights of every kind and character now known to
exist or hereafter discovered underlying the Property, including without limiting the generality of
the foregoing, oil and gas and rights thereto, together with the sole, exclusive and perpetual rights
to explore for, remove and dispose of said minerals by any means or methods suitable to Grantor,
its successors and assigns, but without entering upon or using the surface of the Property, and in
such manner as not to damage the surface of the Property, or to interfere with the use thereof by
Grantee, its successors and assigns.
It is expressly understood that the subjacent support of the Property may have been
impaired by mining operations heretofore carried on beneath the surface thereof, and the
quitclaiming of the Property is upon the condition that Grantor, its successors and assigns, shall not
be liable for damages resulting therefrom.
2293140 Page 2 of 7
10/05/2022 10:46:12 AM
The Property is quitclaimed by Grantor subject to the following covenants,
conditions and restrictions which Grantee, by the acceptance of this instrument, covenants for
itself, its successors and assigns, faithfully to keep, observe and perform:
(a) Landlocked Parcel. Grantee acknowledges that the Property is
landlocked and has no access to a public roadway. Grantee further acknowledges that
Grantor does not convey any express or implied easement to Grantee for access
across any lands or rights of way of Grantor ("Grantor's Property"). Any access to
the Property must be secured by Grantee across lands or rights of way owned by
persons or entities other than Grantor. Accordingly, Grantor hereby declares that the
Property is subject to the following covenant and restriction:
Grantee,its successors or assigns, shall not seek or claim any access
to the Property across Grantor's Property from Grantor, its
successors and assigns, or from any state or federal entity or body
or court that may have jurisdiction. This restriction and covenant
will run with the land and bind Grantee, its successors and assigns,
and benefit Grantor, its successors and assigns. Grantor is entitled
to initiate proceedings at law or in equity against any person(s)who
breaches this restriction and covenant, and to collect from the
breaching party damages, attorney fees and costs.
(b) Restriction on Use. The Property must not be used for(i) residential,
(ii) lodgings or accommodations (including, without limitation, hotels, motels,
boarding houses, dormitories, hospitals,nursing homes, or retirement centers), or(iii)
educational or child-care facilities (including, without limitation, schools,
kindergartens or day-care centers).
The foregoing and following covenants, conditions and restrictions shall run with
the Property, the burdens of which will be binding on the successors and assigns of Grantee and
the benefits of which will inure to the successors and assigns of Grantor.A breach of the foregoing
and following covenants,conditions and restrictions,or the continuance thereof,may,at the option
of Grantor,its successors or assigns, be enjoined, abated, or remedied by appropriate proceedings.
Environmental Covenants:
(a) "As Is" Sale. Grantee, for itself, its successors and assigns, including
any successor owner of any interest in the Property, acknowledges and agrees that
the Property has been sold and quitclaimed to and accepted by Grantee in an"AS IS"
condition,with all faults,and Grantee acknowledges that the Property may have been
used for railroad and/or industrial purposes, among other uses. Grantee
acknowledges and agrees that any information Grantee may have received from
Grantor or its agents concerning the Property(including,but not limited to,any lease
or other document, engineering study or environmental assessment) was furnished
on the condition that Grantee would make an independent verification of the accuracy
of the information. Grantor does not make any representations or warranties of any
2293140 Page 3 of 7
10/05/2022 10:46:12 AM
kind whatsoever,either express or implied,with respect to the Property;in particular,
without limitation, Grantor makes no representations or warranties with respect to
the use, condition, title, occupation or management of the Property, or compliance
with applicable statutes, laws, codes, ordinances, regulations, requirements
(collectively,"Condition of the Property").Grantee acknowledges and agrees that the
Property has been sold and quitclaimed on the basis of Grantee's own independent
investigation of the physical and environmental conditions of the Property. Grantee
assumes the risk that adverse physical and environmental conditions may not have
been revealed by its investigation.
(b) Release and Indemnity. GRANTEE, FOR ITSELF, ITS
SUCCESSORS AND ASSIGNS, INCLUDING ANY SUCCESSOR OWNER OF
ANY INTEREST IN THE PROPERTY, HEREBY RELEASES GRANTOR,
AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INDEMNIFIES,
DEFENDS AND SAVES HARMLESS GRANTOR, ITS AFFILIATES, THEIR
EMPLOYEES, AGENTS, OFFICERS, SUCCESSORS AND ASSIGNS, FROM
AND AGAINST ANY AND ALL SUITS, ACTIONS, CAUSES OF ACTION,
LEGAL OR ADMINISTRATIVE PROCEEDINGS, CLAIMS, DEMANDS,
FINES, PUNITIVE DAMAGES, LOSSES, COSTS, LIABILITIES AND
EXPENSES, INCLUDING ATTORNEYS'FEES,IN ANY WAY ARISING OUT
OF OR CONNECTED WITH THE KNOWN OR UNKNOWN CONDITION OF
THE PROPERTY (INCLUDING, WITHOUT LIMITATION, ANY
CONTAMINATION IN,ON,UNDER OR ADJACENT TO THE PROPERTY BY
ANY HAZARDOUS OR TOXIC SUBSTANCE OR MATERIAL), OR ANY
FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE OR
REGULATION APPLICABLE THERETO, INCLUDING, WITHOUT
LIMITATION, THE TOXIC SUBSTANCES CONTROL ACT, THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION
AND LIABILITY ACT, AND THE RESOURCE CONSERVATION AND
RECOVERY ACT. THE FOREGOING WILL APPLY REGARDLESS OF ANY
NEGLIGENCE OR STRICT LIABILITY OF GRANTOR,ITS AFFILIATES, OR
THEIR EMPLOYEES,AGENTS OR OFFICERS.
(Remainder of page intentionally left blank.)
2293140 Page 4 of 7
10/05/2022 10:46:12 AM
IN WITNESS WHEREOF, Grantor has caused these presents to be signed by its
duly authorized officers the' 1 q'rh day of Sit f , 2022.
UNION PACIFIC RAILROAD COMPANY,
Attest: a Delaware corporation
, 1\1By:
1 Assistant Secretary Printed Name: Chris D. Goble
Title: Assistant Vice President—Real Estate
•
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
The foregoing instrument was acknowledged before me this day
of 2 c-t cr' , 2022, by Chris D. Goble and
, Assistant Vice President — Real Estate and Assistant
Secretary of UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, on behalf of
the corporation.
WITNESS my hand and official seal.
GENERAL NOTARY-State of Nebraska 42/GREGG A.LARSEN
My Comm.Exp.August 28,2024 4
/ Notary Pu:lic
(Seal)
2293140 Page 5 of 7
10/05/2022 10:46:12 AM
Grantee hereby accepts this instrument and agrees for itself, its successors and
assigns, to be bound by the covenants set forth herein.
Dated this a g day of �� � 2022.
CITY OF PUEBLO,
a municipal corporation of the
State of Colorado
By:
Printed Name: Ic
tAaosgr`
Title: )"_
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
This instrument was acknowledged before me on Stpteloler 14, ,2022,by
Nicholas A. Gradisar , Mayor of CITY OF
PUEBLO, a municipal corporation of the State of Colorado, on behalf of the corporation.
WITNESS my hand and official seal.
MARIA KIMBERLY SAMORA ` 4(\ l!,NOTARY PUBLIC (k
STATE OF COLORADO Notary Public
NOTARY ID 24001534
MYCOMRSSS ON EXPIRESNOVEMB R 8,2023•
(Seal)
2293140 Page 6 of 7
10/05/2022 10:46:12 AM
Matrix Design Group,Inc.
2435 Research Parkway,Suite 300
Matrix Colorado Springs,CO 80920
O 719.575.0100
F 719.575.0208
matrixdesigngroup.com
EXHIBIT A
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF THE 100.00 WIDE UNION PACIFIC RAILROAD RIGHT-OF-WAY LOCATED IN THE
NORTHEAST ONE-QUARTER OF SECTION 6,TOWNSHIP 21 SOUTH,RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
CITY OF PUEBLO,COUNTY OF PUEBLO,STATE OF COLORADO;MORE PARTICULARLY DESCRIBED AS FOLLOWS WITH
BEARINGS REFERENCED TO A LINE CONNECTING THE NORTHWEST CORNER OF SAID SECTION 6 MONUMENTED BYA
FOUND 3-1/4"BRASS CAP STAMPED"LS 29034"AND THE NORTHEAST CORNER OF SAID SECTION 6 MONUMENTED BY A
FOUND LEAD PLUG IN STONE IN RANGE BOX,ASSUMED TO BEAR NORTH 89°37'46"WEST A DISTANCE OF 5,308.33 FEET:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 6;THENCE SOUTH 76°29'01"WEST,A DISTANCE OF 1859.55
FEET TO THE INTERSECTION OF THE SOUTHERLY LINE OF SAID UNION PACIFIC RAILROAD RIGHT-OF-WAY,BEING 50.00
FEET SOUTHERLY OF AND PARALLEL WITH THE REMNANTS OF THE CENTERLINE OF THE EXISTING TRACKS OF SAID UNION
PACIFIC RAILROAD,WITH A LINE BEING 50.00 FEET EASTERLY OF AND PARALLEL WITH THE CENTERLINE OF THE
BURLINGTON,NORTHERN AND SANTA FE RAILROAD TRACKS;
THENCE NORTH 26°44'48"WEST,ON SAID PARALLEL LINE,A DISTANCE OF 100.55 FEET TO THE NORTHERLY LINE OF THE
OF SAID UNION PACIFIC RAILROAD RIGHT-OF-WAY BEING 50.00 FEET NORTHERLY OF AND PARALLEL WITH THE
REMNANTS OF THE CENTERLINE OF THE EXISTING TRACKS OF SAID UNION PACIFIC RAILROAD TRACKS;
THENCE NORTH 69°13'44"EAST,ON SAID RIGHT-OF-WAY LINE,A DISTANCE OF 691.36 FEET TO A TANGENT 1443.79
FOOT RADIUS CURVE WHOSE CENTERS BEARS SOUTHEASTERLY;
THENCE NORTHEASTERLY,ON SAID CURVE,THROUGH A CENTRAL ANGLE OF 8°33'27"AN ARC LENGTH OF 215.64 FEET;
THENCE SOUTH 12°12'49" EAST,A DISTANCE OF 100.00 FEET TO THE PREVIOUSLY CITED SOUTHERLY LINE OF UNION
PACIFIC RAILROAD RIGHT-OF-WAY,ALSO BEING A POINT ON A NON-TANGENT,1343.79 FOOT RADIUS CURVE WHOSE
CENTER BEARS SOUTH 12°12'49"EAST;
THENCE SOUTHWESTERLY,ON SAID RIGHT-OF-WAY LINE AND CURVE,THROUGH A CENTRAL ANGLE OF 8'33'27"AN ARC
LENGTH OF 200.70 FEET;
THENCE SOUTH 69°13'44"WEST,ON SAID SOUTHERLY UNION PACIFIC RIGHT-OF-WAY LINE,A DISTANCE OF 680.89 FEET
TO THE POINT OF BEGINNING.
THE ABOVE DESCRIPTION YIELDS A CALCULATED AREA OF 89,429 SQUARE FEET(2.053 ACRES),MORE OR LESS AND IS
DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR REFERENCE.
,,s" PpOO LJc�
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Ov E.E.. Ocn
0 34977
o� 2/22/22
Ft's ....•-• ••JQJ
`;;,:,,
ROBERT L.MEADOWS,PLS
COLORADO LICENSED PROFESSIONAL LAND SURVEYOR NO.34977
PREPARED FOR AND ON BEHALF OF MATRIX DESIGN GROUP
Excellence by Design
SHEET 1 OF 2
Anniston,AL I Atlanta,GA I Colorado Springs,CO I Denver,CO I Niceville,FL I Parsons,KS Phoenix,AZ
Sacramento,CA I Tamuning,GUAM I Texarkana,TX I Washington,DC
\\STYX\PROJECTS\20.526.029.000 PUEBLO LEVEE SYSTEM FLOODPLAIN REST\700 SURVEV\PUEBLO LEVEE\LEGAL DESCRIPTION\RR ROW DESCRIPTION RLM2.DOCX
2293140 Page 7 of 7
10/05/2022 10:46:12 AM
POINT OF COMMENCEMENT
N.W. CORNER SECTION 6-21-64 N.E. CORNER SECTION 6-21-64
FOUND 3-1/4" BRASS CAP "LS 29034" FOUND LEAD PLUG IN STONE IN RANGE BOX
ii--
BASIS OF BEARINGS
N89°37'46"W 5308.33'
MATHEMATICAL TIE LINE ONLY BETWEEN N.W. COR. SEC. 6 AND N.E. COR. SEC_6
W --
N
GA
CENTERLINE OF TRACKS ...''°c3---
, p—
UNIONPACIF/CRAILROAD i' o - 0
to
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POINT OF BEGINNING ‘-' I w
LT
\ CENTERLINE OF TRACKS
50 \f BURLINGTON NORTHERN
&SANTA FE RAILROAD S.E. CORNER SECTION 6-21-64
FOUND 3-1/4"ALUMINUM CAP
"LS 11550"--x,
CURVE TABLE
CURVE# ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH
Cl 215.64 1443.79 8°33'27" N73°30'27"E 215.44
C2 200.70 1343.79 8°33'27" S73°30'27"W 200.52
100' 0 200'
INNII
SCALE: 1"= 200'
AREA 89,429 SQ.FT. (2.05302 ACRES)
LAND DESCRIPTION
VI
F'.latrix 2435 Research Parkway,Suite 300 NORTHEAST ONE-QUARTER SECTION 6,T21 S,R64 W
Colorado Springs,CO. 80920 CITY OF PUEBLO,COUNTY OF PUEBLO,COLORADO
Phone 719-575-0100 EXHIBIT
Excellence by Design Fax 719-575-0208 DATE:FEB.22,2022
CHECKED BY: RLM 2 OF 2
JN:20.526.029
S:\20.526.029.000 Pueblo Levee System Floodpain Rest\700 Survey\Pueblo Levee\Legal Descr.ption\RR ROW RLM Ground.dwg
Official Records of Pueblo County Clerk & Recorder 2293141
10/05/2022 10:46:12 AM Page 1 of 4
Quit Claim Deed R: $28.00 D: $0.00 Gilbert Ortiz
QUITCLAIM BILL OF SALE
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation("Seller"),
for and in consideration of One Dollar ($1.00) and other valuable consideration does hereby
REMISE,RELEASE, and forever QUITCLAIM to CITY OF PUEBLO, a municipal corporation
of the State of Colorado ("Buyer"), all of Seller's right, title and interest in and to the following
described personal property(collectively, "Personal Property"), to wit:
All railroad, ties, ballast, rail trestle (whether wood or other
material), dirt embankment(s) and concrete piers, and any and all
appurtenances related thereto,all of which are located on that certain
real property in Pueblo County, State of Colorado, legally described
in Exhibit A, attached hereto and made a part hereof("Land").
SELLER,BY THIS INSTRUMENT,MAKES NO WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, AND FURTHER MAKES NO WARRANTY AS TO THE
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IT BEING
UNDERSTOOD THAT THE PERSONAL PROPERTY IS BEING QUITCLAIMED TO BUYER
IN AN "AS IS"AND "WHERE IS" CONDITION WITH ALL FAULTS, AND ASSUMES ALL
RISKS IN CONNECTION THEREWITH, ACKNOWLEDGING THAT BUYER HAS
EXAMINED THE PERSONAL PROPERTY AND KNOWS ITS CONDITION.
By its acceptance of this instrument and from and after the Effective Date (as
defined below),Buyer,its successors and assigns, agrees that,in its use,maintenance and removal
of the Personal Property, it will accept and assume any and all liability, loss, damage, costs and
expenses arising from or growing out of the existence,use,maintenance or removal of the Personal
Property, including any third party's use, maintenance or removal of the Personal Property.
Seller does not convey or intend to convey by this instrument any right,title, estate
or interest whatsoever in or to the Land on which the Personal Property is situated.
(Remainder of page intentionally left blank.)
2293141 Page 2 of 4
10/05/2022 10:46:12 AM
IN WITNESS WHEREOF, Seller and Buyer have each duly executed this
instrument as of the Zci day of stp bir , 2022
("Effective Date").
Seller:
UNION PACIFIC RAILROAD COMPANY,
a Delaware corporation
By: �!/r^�
Printed Name: Chris D. Goble
Title: Assistant Vice President—Real Estate
Buyer:
CITY OF PUEBLO,
a municipal corporation of the
State of Colorado
By:
Printed Name: Cts r. , i Oft
Title: 0r�
2293141 Page 3 of 4
10/05/2022 10:46:12 AM
Matrix Design Group,Inc.
2435 Research Parkway,Suite 300
till Matrix Colorado Springs,CO 80920
p O 719.575.0100
F 719.575.0208
matrixdesigngroup.com
EXHIBIT A
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF THE 100.00 WIDE UNION PACIFIC RAILROAD RIGHT-OF-WAY LOCATED IN THE
NORTHEAST ONE-QUARTER OF SECTION 6,TOWNSHIP 21 SOUTH,RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
CITY OF PUEBLO,COUNTY OF PUEBLO,STATE OF COLORADO;MORE PARTICULARLY DESCRIBED AS FOLLOWS WITH
BEARINGS REFERENCED TO A LINE CONNECTING THE NORTHWEST CORNER OF SAID SECTION 6 MONUMENTED BYA
FOUND 3-1/4"BRASS CAP STAMPED"LS 29034"AND THE NORTHEAST CORNER OF SAID SECTION 6 MONUMENTED BY A
FOUND LEAD PLUG IN STONE IN RANGE BOX,ASSUMED TO BEAR NORTH 89°37'46"WEST A DISTANCE OF 5,308.33 FEET:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 6;THENCE SOUTH 76°29'01"WEST,A DISTANCE OF 1859.55
FEET TO THE INTERSECTION OF THE SOUTHERLY LINE OF SAID UNION PACIFIC RAILROAD RIGHT-OF-WAY,BEING 50.00
FEET SOUTHERLY OF AND PARALLEL WITH THE REMNANTS OF THE CENTERLINE OF THE EXISTING TRACKS OF SAID UNION
PACIFIC RAILROAD,WITH A LINE BEING 50.00 FEET EASTERLY OF AND PARALLEL WITH THE CENTERLINE OF THE
BURLINGTON,NORTHERN AND SANTA FE RAILROAD TRACKS;
THENCE NORTH 26°44'48"WEST,ON SAID PARALLEL LINE,A DISTANCE OF 100.55 FEET TO THE NORTHERLY LINE OF THE
OF SAID UNION PACIFIC RAILROAD RIGHT-OF-WAY BEING 50.00 FEET NORTHERLY OF AND PARALLEL WITH THE
REMNANTS OF THE CENTERLINE OF THE EXISTING TRACKS OF SAID UNION PACIFIC RAILROAD TRACKS;
THENCE NORTH 69°13'44"EAST,ON SAID RIGHT-OF-WAY LINE,A DISTANCE OF 691.36 FEET TO A TANGENT 1443.79
FOOT RADIUS CURVE WHOSE CENTERS BEARS SOUTHEASTERLY;
THENCE NORTHEASTERLY,ON SAID CURVE,THROUGH A CENTRAL ANGLE OF 8°33'27"AN ARC LENGTH OF 215.64 FEET;
THENCE SOUTH 12°12'49" EAST,A DISTANCE OF 100.00 FEET TO THE PREVIOUSLY CITED SOUTHERLY LINE OF UNION
PACIFIC RAILROAD RIGHT-OF-WAY,ALSO BEING A POINT ON A NON-TANGENT,1343.79 FOOT RADIUS CURVE WHOSE
CENTER BEARS SOUTH 12°12'49"EAST;
THENCE SOUTHWESTERLY,ON SAID RIGHT-OF-WAY LINE AND CURVE,THROUGH A CENTRAL ANGLE OF 8°33'27"AN ARC
LENGTH OF 200.70 FEET;
THENCE SOUTH 69°13'44"WEST,ON SAID SOUTHERLY UNION PACIFIC RIGHT-OF-WAY LINE,A DISTANCE OF 680.89 FEET
10 THE POINT OF BEGINNING.
THE ABOVE DESCRIPTION YIELDS A CALCULATED AREA OF 89,429 SQUARE FEET(2.053 ACRES),MORE OR LESS AND IS
DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR REFERENCE.
oPp.0125 L� �
O, `.. %•"
ME,
co
0 34977zo. cc _
1.C,' 2/22/22 •
ROBERT L. MEADOWS,PLS
COLORADO LICENSED PROFESSIONAL LAND SURVEYOR NO.34977
PREPARED FOR AND ON BEHALF OF MATRIX DESIGN GROUP
Excellence by Design
SHEET 1 OF 2
Anniston,AL I Atlanta,GA I Colorado Springs,COI Denver,CO I Niceville, FL I Parsons,KS I Phoenix,AZ
Sacramento,CA Tamuning,GUAM I Texarkana,TX I Washington, DC
\\STYx\PROJECTS\20.526.029.000 PUEBLO LEVEE SYSTEM FLOODPLAIN REST\700 SURVEY\PUEBLO LEVEE\LEGAL DESCRIPTION\RR ROW DESCRIPTION RLM2.DOCX
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10/05/2022 10:46:12 AM
POINT OF COMMENCEMENT
N.W. CORNER SECTION 6-21-64
N.E. CORNER SECTION 6-21-64
FOUND 3-1/4" BRASS CAP"LS 29034" FOUND LEAD PLUG IN STONE IN RANGE BOX
BASIS OF BEARINGS
N89°37'46"W 5308.33'
MATHEMATICAL TIE LINE ONLY BETWEEN N.W. COR. SEC. 6 AND N.E. COR. SEC_6
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&SANTA FE RAILROAD S.E. CORNER SECTION 6-21-64
FOUND 3-1/4"ALUMINUM CAP
"LS 11550"--\1/4
CURVE TABLE
CURVE# ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH
Cl 215.64 1443.79 8°33'27" N73°30'27"E 215.44
C2 200.70 1343.79 8°33'27" S73°30'27'W 200.52
100' 0 200'
I
SCALE: 1"= 200'
AREA 89,429 SQ.FT. (2.05302 ACRES)
LAND DESCRIPTION
�'iMatrix• 2435 Research Parkway,Suite 300 NORTHEAST ONE-QUARTER SECTION 6,T21 S,R64 W
\I Colorado Springs,CO.80920 CITY OF PUEBLO,COUNTY OF PUEBLO,COLORADO
Phone 719-575-0100 EXHIBIT
Excellence by Design Fax 719-575-0208 CHECKED BY: RLM DATE:FEB.22,2022 2 OF 2
JN:20.526.029
S:\20.526.029.000 Pueblo Levee System Floodplain Rest\700 Survey\Pueblo Levee\Legal Description\RR ROW RLM Ground.dwg