HomeMy WebLinkAbout20051285.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF REAL ESTATE AND AUTHORIZE
CHAIR TO SIGN - UNION PACIFIC RAILROAD COMPANY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with an agreement for Purchase of Real Estate
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Board of County Commissioners, and Union
Pacific Railroad Company, 1400 Douglas Street, Stop 1690, Omaha, Nebraska 68179-1690, and
WHEREAS, after review,the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the agreement for Purchase of Real Estate between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Board of County Commissioners, and Union Pacific Railroad Company be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign all related documents.
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 27th day of April, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
� WELD COUNTY, COLORADO
ATTEST: { 'mil_DO/�'!/r'�
l William H. J e, Chair
Weld County Clerk to the Board
M. J. ile, 'o-Tem
BY:
Deputy Clerk to the Board S
Da ' E. Lon \r,4)_____
AP D AS TO •
7 '
Robert D. Mas en
ou ty Attorney P
Glenn Vaad c-441
Date of signature: o�,
2005-1285
EG0052
(V ; /4) ES 7 -JC
379 UNION
PACIFIC
IIIIII
April 7,2005
Folder 2304-71
U.S.CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Leon Sievers,PLS
Weld County Colorado
Public Works Department
P.O. Box 758
Greeley,CO 80632
Dear Mr. Sievers:
This letter("Agreement")confirms our understandings covering the possible sale by Union Pacific
Railroad Company("Seller")to Weld County Colorado("Buyer")of Seller's interest in certain real property("Property")
in Adams County, Colorado.
The undersigned will recommend to Seller's Management a sale of the Property on the following terms
and conditions:
1. Description of Property:
The Property is approximately 0.1744 acres as shown on the survey print attached hereto as Exhibit A and made
a part hereof.
2. Sale Price:
The sale price("Sale Price")for the Property shall be Five Thousand and 00/100 Dollars($5,000.00).
3. Feasibility Review/Right of Entry:
3.1 For sixty (60) 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. 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 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.
Real Estate
IIIIII VIII VIII IIIIII VIII VIII IIIIII III BE III El UNION PACIFIC RAILROAD
1400 Douglas
68179-1690
1
a,Nebraska 681791 1690
690 Omaha,
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3.2 Buyer's right to enter upon the Property pursuant to Section 3.1 is subject to the following:
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
3.3 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:
(a) 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 top of this
Agreement, of the results of its investigation.
(b) Before drilling or excavating with mechanized equipment,Buyer will explore with hand tools
to a depth of at least eight(8)feet below the surface or will use suitable detection equipment.
3.4 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 Sections 3.1 and
3.2 and Seller will retain all of its remedies for Buyer's default under Sections 3.1 and 3.2.
4. As Is Sale-Release-Indemnity:
4.1 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
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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.
4.2 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.
4.3 The provisions of this Section 4 will survive the delivery of the deed and will bind and inure to the
benefit of the parties hereto,their heirs, successors and assigns.
5. Escrow,Title Insurance and Abstract of Title:
5.1 Seller will not furnish title insurance or an abstract of title to the Property. Buyer may, at its sole
option and expense,obtain a preliminary title report("PTR") in order to review the status of title to
the Property 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.
5.2 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.
6. Form of Deed; Reservations:
6.1 At Closing, Seller will transfer Seller's interest in the Property to Buyer by Quitclaim Deed,subject
to all outstanding rights,whether or not of record.
1 11111 11111 11111111111 11111 IIIII IIIIII 1111111111 IIII
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6.2 Seller will reserve from the transfer all minerals and mineral rights without right of surface entry.
7. Existing Agreements:
7.1 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.
7.2 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.
8. Closing-Default:
8.1 Closing will occur on or before thirty (30) days after the end of the Feasibility Review Period
("Closing Date"). The Closing will be deemed to occur upon payment of the Sale Price by cashier's
or certified check, and delivery of the deed. All Closing costs, including transfer taxes and excise
taxes,will be paid by Buyer.
8.2 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.
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.
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 hereto shall indemnify and hold harmless the other party against and from any
and all claims for brokerage commission or other like payment arising out of the transaction contemplated by
this Agreement and occasioned by the indemnifying party.
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 Property 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.
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.
111111111111 DID illlll IIIII IIIII 111111 III IIIII IIII IIII
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13. Eminent Domain:
The parties acknowledge that Buyer has the authority to condemn the Property under its power of eminent
domain. Buyer represents that it will institute eminent domain proceedings in the event that Seller does not
sell the Property upon the terms set forth in this Agreement. The parties further acknowledge that Seller
intends to treat the sale of the Property as sold under imminent threat of condemnation,pursuant to Section
1033 of the Internal Revenue Code of 1986(26 U.S.C.).
14. 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.
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 Gregg A. Larsen,at the address listed on the first page, in order that it is received by
Seller no later than April 30, 2005. Please also indicate below how you wish to take title. If you should have any
questions,please call Mr. Larsen at(402)544-8552.
Sincerely,
M'1
e nson
D.ector-Real Estate
ACCEPTED AND AGREED THIS 27th DAY OF April ,2005. a� /
By: ti��l�✓
`irrnan, rd of URty rw stoners
Its: -41 EA �, J 4fJ�/u , APR 2 7 2005
gin$
Title to the Property will be taken as follows: 186 ltY+ aQ ' y•UNTY CLERK + THE BOARD
Weld County. Colorado (AD r TY CLERK TO THE BOA;
If a corporation, State of incorporation: kJi•�
! jr
Mailing Address:
915 10th Street, P.O. Box 758, Greeley, CO 80632
1111111111111111111111111111111 111111 III 11111 IIIIIIII
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DOS—/tRi j
EXHIBIT A
DEED DESCRIPTION
1528-203-070.01 3070-DD-27.DOC(REV.2.28.05)
SHEET 1 OF 2
A PORTION OF A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 1,
TOWNSHIP 1 SOUTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF ADAMS,STATE
OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE EAST LINE OF SAID
NORTHEAST QUARTER OF SECTION 1 BEARS S 00°31'08"E AND MONUMENTED AS FOLLOWS:
-THE EAST QUARTER CORNER OF WHICH BEING A 2"ALUM. CAP, L.S. 29036.
-THE NORTHEAST CORNER OF WHICH BEING A 3.25"ALUM CAP L.S.27269.
COMMENCING AT SAID NORTHEAST CORNER OF SECTION 1;
THENCE S 89°38'20"W ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 1 A
DISTANCE OF 248.31 FEET;
THENCE S 06°02'40"E,A DISTANCE OF 30.15 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT-
OF-WAY LINE OF COLORADO BOULEVARD AND THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD 2(AKA EAST 168TH AVE)AND THE POINT OF BEGINNING;
THENCE S 06°02'40"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF COLORADO BOULEVARD A
DISTANCE OF 632.63 FEET;
THENCE S 83°57'20"W A DISTANCE OF 12.00 TO A POINT 12 FEET WESTERLY AND PERPENDICULAR
TO SAID WESTERLY RIGHT-OF-WAY LINE OF SAID COLORADO BOULEVARD;
THENCE N 06°02'40"W ALONG A LINE LYING 12 FEET WESTERLY AND PARRALLEL WITH SAID
WESTERLY RIGHT-OF-WAY LINE OF COLORADO BOULEVARD A DISTANCE OF 633.82 FEET TO A
POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 2(AKA EAST 168TH AVE);
THENCE N 89°38'20"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 12.06 FEET TO
THE POINT OF BEGINNING;
CONTAINING 7,599 SQ.FT. OR 0.1744 ACRES MORE OR LESS.
I,CHRISTOPHER H.McELVAIN,A SURVEYOR LICENSED IN THE STATE OF
COLORADO,DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS
PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING.
`/ `• • Atli
CHRISTOPHER H.McELVAIN, .; .
PROFESSIONAL LAND SURVEYOR •
_ .5• z:
COLORADO REGISTRATION NO. 36561 • ,,,$
•
FOR AND ON BEHALF OF ]fl f Z��,
JeHN ENGINEERING,INC. .LESS'
5855 WADSWORTH BYPASS#A-100 1� �Ne„"N�
ARVADA, CO. 80003
I IIIIII I'I'I VIII IIIIII VIII VIII IIIIII III VIII IIII 1111
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EXHIBIT MAP A
SHEET 2 OF 2
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=a W WERE SET FOR THE PREPARATION OF
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�3 „�= EXHIBIT MAP A
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� WELD COUNTY ROAD 13
N 0. UNION PACIFIC RAILROAD CO
"in-
la am NE 1/4 SEC 1, T.15., R.68W. 6TH PM.
1 o COUNTY OF ADAMS, STATE OF COLORADO
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_a o o ACQUISITION AREA 7,599 S.F.
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$ 2.28.05 I . DEED DESCRIPTION
o r3o JN. 1528-03-070.011 3070-DD-27
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MATCHED LOCATION SHOWN .yE,
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ON MON. REC. DATED AUG 19, 1998
PR no3)4Y34D36 FAY 1303146Yd/3B
Page 1 of 1
Bruce Barker
To: Leon Sievers
Subject: Union Pacific Agreement
I would recommend against having the Board approve the agreement because of the indemnification provision in
Section 4.2, if this property was greater than .17 acres. But with this property being so small, its not worth
worrying about the indemnification, as long as we do the review and inspections found in Sections 3 and 4.1.
4/15/2005 „1U)5-7R 8S
j
2304-71
QUITCLAIM DEED
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, Grantor,
(formerly known as Southern Pacific Transportation Company, a Delaware corporation) 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 COUNTY OF WELD, a body corporate and politic of the
State of Colorado, Grantee, whose address is 915 10th Street, P.O. Box 758, Greeley,
Colorado 80632 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
(hereinafter the "Property") situated in Adams County, State of Colorado, as more
particularly described in Exhibit A, hereto attached and hereby made a part hereof,
together with all after acquired title of the Grantor therein.
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 right to explore for, remove and dispose of said minerals
by any means or methods suitable to the 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 the 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.
IN WITNESS WHEREOF, the Grantor has caused this deed to be duly
eke&U'teAiABls f the `°r day of J.' , 20 C .
es� UNION PACIFIC RAILROAD COMPANY
• k fie_
ss ant" ecretary Title: GENERA MANAGER-REAL ES fAl c
(Seal)..
IIII 111111111111 IIII 11111111111 III 11111 IIII �i�I
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ACKNOWLEDGEMENT
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
On -Iv k‘.1 lv , 2005 before me, a Notary Public in and for
said County and State, personally appeared Th n e_
and I‘n ,E , H C nc\v-\ who are the (',..��;k1 tv1p,,' c( - t9 i t e.+L
and the Assistant Secretary, respectively, of Union Pacific Railroad Company, a Delaware
corporation, and who are personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names are subscribed to in the within
instrument, and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity upon
behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal. /J
"14-„, GREGGA.LARSEN v' / Notary Public
=5
ceTw
(Seal) ,o )" MY COMMISSION EXPIRES
ESPA5��: August L0,2O08
11111111111111111111111111111111111IIIIIIIIIIIII
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C:\DOOOME-1 Vand888.000\LOCALS-1\Temp\H.NOTESDAT\23Qh-71 OCD.doc
UNION PACIFIC RAILROAD COMPANY
Adams County, Colorado
EXHIBIT "A"
A PORTION OF A PARCEL OF LAND LOCATED IN THE NORTHEAST
QUARTER OF SECTION 1, TOWNSHIP 1 SOUTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF ADAMS, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT SAID NORTHEAST CORNER OF SECTION 1;
THENCE S 89°38'20" W ALONG THE NORTH LINE OF SAID NORTHEAST
QUARTER OF SECTION 1 A DISTANCE OF 248.31 FEET;
THENCE S 06°02'40" E, A DISTANCE OF 30.15 FEET TO THE INTERSECTION OF
THE WESTERLY RIGHT OF WAY LINE OF COLORADO BOULEVARD AND THE
SOUTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 2 (AKA EAST
168TH AVE) AND THE POINT OF BEGINNING;
THENCE S 06°02' 40" E ALONG SAID WESTERLY RIGHT OF WAY LINE OF
COLORADO BOULEVARD A DISTANCE OF 632.63 FEET;
THENCE S 83°57'20" W A DISTANCE OF 12.00 TO A POINT 12 FEET WESTERLY
AND PERPENDICULAR TO SAID WESTERLY RIGHT OF WAY LINE OF SAID
COLORADO BOULEVARD;
THENCE N 06°02'40" W ALONG A LINE LYING 12 FEET WESTERLY AND
PARALLEL WITH SAID WESTERLY RIGHT OF WAY LINE OF COLORADO
BOULEVARD A DISTANCE OF 633.82 FEET TO A POINT ON SAID SOUTHERLY
RIGHT OF WAY LINE OF WELD COUNTY ROAD 2 (AKA EAST 168 TH AVE);
THENCE N 89°38'20" E ALONG SAID SOUTHERLY RIGHT OF WAY LINE A
DISTANCE OF 12.06 FEET TO THE POINT OF BEGINNING.
Contains 0.1744 Acres more or less.
OFFICE OF REAL ESTATE
OMAHA, NEBRASKA
March 22, 2005
230471.1eg
11111111111111111111111 IIII 11111111111 III IIIH IIII IIII
3305997 07/25/2005 02:55P Weld County, CO
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ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado,by and through its
Board of County Commissioners, hereby accepts the above deeded property as Public Rights of Way or a
Public Highway,pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this /761 day of ,f ,2005.
ATTEST:LL4' % 6'J# pa,` COUNTY OF WELD, A BODY
CLERK TO THE BO, ' D t\'\ / �4 CORPORATE AND POLITIC OF THE
COUNTY COMMISSIO '*' S : ` STATE OF COLORADO
THE COUNTY OF WE:a all
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�_ii'i ,^ ! , '��� BY:BY:
Deputy Clerk to the Boar:%at n M. J. Geile, , hair !RI (07/18/2005)
BOARD OF COUNTY COMMISSIONER
OF THE COUNTY OF WELD
(Approved 04/27/2005)
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 18th day of
July ,2005 by M. J. Geile • BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD.
"c21 O
Witness my hand and official seal. ' SHARON fi
KAHL a'"
913:: lie
OFCOL°
My commission expires: My Commission Expires May 15,2005
11111111111111111 1111111 1111 HEW 111111111111 1111
3305997 07/25/2005 02:55P Weld County, CO
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vc'QL1S—%�' lJc'
CERTIFICATION OF NON-FOREIGN STATUS
Under Section 1445(e) of the Internal Revenue Code, a corporation,
partnership, trust, or estate must withhold tax with respect to certain transfers of property
if a holder of an interest in the entity is a foreign person. To inform the transferee that no
withholding is required with respect to UNION PACIFIC RAILROAD COMPANY's interest
in it, the undersigned hereby certifies the following on behalf of UNION PACIFIC
RAILROAD COMPANY (hereinafter the "COMPANY"):
1. The COMPANY is not a foreign corporation, foreign partnership, foreign trust, or
foreign estate (as those terms are defined in the Internal Revenue Code and
Income Tax Regulations);
2. The COMPANY's U.S. employer identification number is 94-6001323; and
3. The COMPANY's office address is 1400 Douglas Street, Omaha, Nebraska 68179,
and state of incorporation is Delaware.
The COMPANY agrees to inform the transferee if it becomes a foreign
person at any time during the three year period immediately following the date of this
notice.
The COMPANY understands that this certification may be disclosed to the
Internal Revenue Service by the transferee and that any false statement contained herein
could be punished by fine, imprisonment, or both.
Under penalties of perjury, I declare that I have examined this certification
and to the best of my knowledge and belief it is true, correct, and complete, and I further
declare that I have authority to sign this document on behalf of the COMPANY.
divot k-riet---
Title: GENERAL MAN;.u =?-REAL ESTATE
Date: 7i t
C:\DOCUME-1 Mand888.000\LOCALS-11Temp\H.NOTESDAT\2304-71 OCD.doc
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3305997 07/25/2005 02:55P Weld County, CO
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Union Pacific Railroad Company
CERTIFICATE OF AUTHORITY
The undersigned duly elected acting Assistant Secretary of Union Pacific Railroad Company
(Company), certifies that in accordance with the By-Laws of the Company, as amended on
February I, 2004, the Management Policy Statement adopted by the Board of Directors, as
amended on February 26, 2004, and general and specific delegations of authority pursuant
thereto, Mr. Tony K. Love, as General Manager - 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.
Dated this 6th day of July, 2005.
t
CJ
Assistant Secretary 1
1111111 lllll 111111111111 ���� 11111111111 III 1111111111111
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6 of 6 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
(it
MEMORANDUM
1111111e
TO: Clerk to the Board DATE: July 12, 2005
COLORADO
FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Enginee
SUBJECT: Item for Chair's Signature
Quit Claim Deed from Southern Pacific Transportation Company on WCR 2.
pc: Leon Sievers, Right-of-Way Agent
M:\Francie\Agenda-2.docM:\Francie\Agenda-2.doc
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