HomeMy WebLinkAbout20033112.tiff RESOLUTION
RE: APPROVE PROPERTY MANAGEMENT AGREEMENT AND TEMPORARY
AGREEMENT COVERING ADVANCE RIGHT OF ENTRY AND OCCUPANCY OF
PROPERTY FOR BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
NORTHERN PROPERTY AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS
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 a Property Management Agreement and
Temporary Agreement Covering Advance Right of Entry and Occupancy of for the Burlington
Northern and Santa Fe Railway Company northern property between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Works, and the Burlington Northern and Santa Fe Railway Company, with
terms and conditions being as stated in said agreements, and
WHEREAS,after review,the Board deems it advisable to approve said agreements,copies
of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Property Management Agreement and Temporary Agreement Covering
Advance Right of Entry and Occupancy of Burlington Northern and Santa Fe Railway Company
northern property between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Works, and the
Burlington Northern and Santa Fe Railway Company be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is, authorized to
sign necessary documents.
2003-3112
EG0047
m 1963
PROPERTY MANAGEMENT AGREEMENT AND TEMPORARY AGREEMENT COVERING
ADVANCE RIGHT OF ENTRY AND OCCUPANCY OF NORTHERN PROPERTY -
BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANIES
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 10th day of November, A.D., 2003.
BOA OF COUNTY COMMISSIONERS
WEL UNTY, COLORADO
ATTEST: s `
` vi E. Long, Cha'
Weld County Clerk tot B
4 �
�"d ,t.,i Robert D. sden, Pro-Te
BY: a' G Fns
Deputy Clerk to the :paf fT '
�i, M. J. Geile
APP' •V m AS TO FO'
William H. Jerke
.unty- ttorney ac
Glenn Vaad
Date of signature: (9
2003-3112
EG0047
BNSF
Property&Facilities Management
2650 Lou Menk Drive
Fort Worth,Texas 76131-2830
PROPERTY MANAGEMENT
Caluc,woa
The Weld County Public Works Department,Greeley,-{Nrneia ,hereinafter called the Buyer,under threat of the exercise
of its power of Eminent Domains offers to acquire from the Burlington Northern and Santa Fe Railway Company (BNSF),
hereinafter called the Seller,Seller's interest in the abandoned railroad right of way located in Weld County., in i as shown
highlighted in yelllow on Exhibit"A"attached hereto and made a part hereof. Ce Ierppo
Seller will convey its interests in the parcel to Buyer for a purchase price of$ 3.990.00. Seller will convey its interest by
quitclaim deed. Seller makes no representations or warranties whatsoever. Buyer, expressly acknowledges that Buyer is
acquiring Seller's interest in the parcel in an "AS IS" condition and that Buyer has relied upon its own independent
investigation of the physical condition of the parcel. Buyer agrees to release and indemnify Seller and Seller's shareholders,
officers,directors,agents and employees from all responsibility and liability regarding the condition(including,but not limited
to,the physical condition or presence of hazardous materials),valuation or utility of the parcel. Any outstanding taxes and costs
for survey,abstract,title insurance,documentary stamps,and other costs,are Buyer's responsibility. Buyer further agrees to
indemnify Seller from future responsibility for the construction and maintenance of any railroad fences,road crossings,cattle
guards,gates,farm crossings,buildings,and drainage or irrigation pipes located on or adjacent to the parcel to be conveyed.
Buyer understands the foregoing. Buyer further understands that railroad property may be subject to reversion on
abandonment of use for railroad purposes; that Seller's quitclaim deed conveys only whatever interests it may have in the
parcel,if any;and that the deed does not necessarily convey fee title or give Buyer ownership of the parcel as against the claims
of anyone other than Seller. Buyer herewith deposits as earnest money the sum of$390.00 to be applied against the purchase
price. Notwithstanding anything set forth herein to the contrary,the balance of the purchase price shall be due ten(10)days
from notice that Seller's deed is ready for delivery. Time is of the essence of this contract,and if Buyer shall default or fail to
perform the requirements of this contract within the time limits herein specified,the Seller may retain the deposit as agreed
liquidated damages and just compensation,and not as a penalty or forfeiture,and declare this contract terminated. In the event
of default by Seller,Buyers sole remedy shall be a return of the earnest money deposit.
Effective with the ' to of sale, Iler will assign t Buyer Lease No. N/A covering all or a portion of the subject parcel.
\By: A Date: 11/10/2003
David E. Long
Title: Chair, Weld County Board of Commissioners
Printed below is the name(s)and address(es)as they should appear in the deed of conveyance:
County of Weld, a political subdivision 3f the State of Colorado
Buyer's Phone: (970)356-4000 X4200
ACCEPTED BY: B RLINGTON NORTHERN& SANTA FE RAILWAY COMPANY
By: f�,I f /per f ✓ry Date: 11rt/D'1
Title: Manager li@81 Estate
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EXHIBIT •A•
THE 'BURLINGTON NORTHERN AND SANTA FE RI. CO.
[ ] INDICATES SALE AREA
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CITYGROVEE COMITY Will.D STATE e,O
` SCALE/°x400 DATE 5-6-Q4 AFE#04•O141
DIVISION Weld
SDBDIV. ,
H.P. 202 LINE SEGMENTNew/art,- it-D
GRANTEES lnly el YV� l'lt-PL•�'Dre
PURPOSE
DRAWING NO. an/770-24
Page 1 of 1
Donna Bechler
From: Leon Sievers
Sent: Friday, October 15, 2004 9:36 AM
To: Donna Bechler
Subject: RE: Burlington Northern and Santa Fe Railway
A signed copy of this document is not available. The document is no longer necessary due to the temporary
nature of the document and the signature of Deeds that transfer the property to Weld County
Leon
From: Donna Bechler
Sent: Tuesday, October 12, 2004 9:07 AM
To: Leon Sievers
Cc: Francie Collins
Subject: Burlington Northern and Santa Fe Railway
Good Morning Leon,
We just received the original quit claim deeds for Document Numbers 2003-3112 and 2003-3113 that we will send
to Recording. However, we are still missing the signed copies of the Temporary Agreement Covering Advance
Right of Entry and Occcupancy of Burlington Northern and Santa Fe Railway Company Property from both
documents. Do you have a signed copy, or are you able to get one so we complete this? I will attach a copy of
this page, so you know which page I am asking about. Let me know if you are able to send us a signed copy.
Thanks,
Donna
10/15/2004
TEMPORARY AGREEMENT COVERING ADVANCE
RIGHT OF ENTRY AND OCCUPANCY OF
BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY PROPERTY
BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, hereinafter called
"Railroad,"hereby grams permission to the Weld County Public Works, hereinafter called"Permittee,"to enter
upon abandoned Railroad premises located in Weld County,Colorado,as shown in yellow on the print attached
hereto and marked Exhibit "A" for the purpose of E x c 4 uA n C/Ai
In consideration of permission given the Permittee by Railroad,as outlined above,pending issuance of
a quitclaim deed,the Permittee hereby agrees to indemnify and hold harmless Railroad from and against and
defend Railroad from and against any and all claims, loss, costs,suits or damages arising out of injuries to or
death of any and all persons whomsoever, including, but not limited to. the parties hereto, their agents and
employees,and damages or destruction of property to whomsoever belonging, including property owned by or
in the care,custody and control of either Permittee or of Railroad,in any manner connected with or resulting
from, either directly or indirectly, the occupancy and use of Railroad's said property by the Permittee, its
employees,agents,contractors or subcontractors and their employees,regardless of whether or not such injury,
death or property damage may have been caused or contributed to by the negligence of the Railroad,its agents
or employees.
This agreement shall be and remain in full force and effect until such time as a quitclaim deed is entered
into by and between the parties hereto covering occupancy or the property of Railroad hereby permitted.
The Permittee agrees to execute such quitclaim deed, promptly upon its being presented to it by Railroad;
however,execution thereof shall not operate to absolve the Permittee of any liability assumed and incurred by
it hereunder, This Agreement shall terminate, except as to liability incurred hereunder prior thereto, on the
effective date of the quitclaim deed covering the property referred to above. It is also understood that the
payment to be agreed upon in the quitclaim deed will be considered to be effective as of the date of this
Agreement
In the event that Railroad or Permittee do not enter into a quitclaim deed arrangement as contemplated
herein within(120)days from the day hereof then either party may terminate this agreement on thirty(30)days
written notice at the address set forth below the names of the parties hereto.
IN WITNESS WHEREOF,the parties have executed this agreement in duplicate this_day of
2003
BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
Property&Facilities Management,2650 Lou Monk Drive,Fort Worth,Texas 76131-2830
By: Title: Date:
Weld CountyBoard of Commissioners on behalf of the
Weld County Public Works Department
1111 H. Street
GreelFy �olorado 806� J 32r
By: � r ct'�-\ E Title: Chair _ Date: 11/10/2003
David E. Long U
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MEMORANDUM
TO: Esther Geisick, CTB DATE: October 30, 2003
FROM: Frank B. Hempen, Jr.
COLORADO Director of Public Works/County Enginee
SUBJECT: Agenda Item
Please submit these items for the Board's approval:
Three duplicate Agreements and Advanced Right of Entry forms for the North
Acquisition Parcel with the Burlington Northern and Santa Fe Railway Companies
Right-of-Way.
Three duplicate Agreements and Advanced Right of Entry forms for the South
Acquisition Parcel with the Burlington Northern and Santa Fe Railway Companies
Right-of-Way.
Upon execution,please return TWO SIGNED DUPLICATES Agreements and Right of Entry
Forms of each parcel to Leon Sievers at the Public Works office. The originals will be forwarded to
BNFS for execution with disbursements and returned to the CTB for recording.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\WPFILESTrancie\agendaleon-l.wpd
2003-3112
a
MEMORANDUM
CTO: Clerk to the Board DATE: October 6, 2004
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Item for Recording
The enclosed Quitclaim Deed is an original document with original signatures. Please re-record this
document in reference to Document#2003 3112. The agreement is with The Burlington Northern
and Santa Fe Railway Company.
Please return one original Quitclaim Deed to Leon Sievers.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers
M:AFrancieAItem for Recording.doc
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QUITCLAIM DEED
THIS DEED, made this 2116/ day of /11.4.15/ , 2004,
between THE BURLINGTON NORTHERN AND SANTA FE RKILWAY COMPANY, a
Delaware corporation, Grantor, and the COUNTY OF WELD, a political
subdivision of the State of Colorado, of 1111 H Street, P.O. Box
758, Greeley, Colorado 80632, 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 premises, located in Weld County, Colorado, more
particularly described as follows:
All that portion of The Burlington Northern and
Santa Fe Railway Company' s (formerly Chicago, Burlington
& Quincy Railroad Company) 100 foot wide New Rayner to
Hereford, Colorado Branch Line right of way, now
discontinued, being 50 feet wide on each side of said
Railway Company' s Main Track centerline, as originally
located and constructed upon, over and across the �I
Northwest Quarter of the Northeast Quarter of Section 22,
Township 10 North, Range 61 West of the 6t° Principal
Meridian, Weld County, Colorado, bounded on the North and �1 p
South by the North and South lines of said Northwest /1,\a
Quarter of the Northeast Quarter of Section 22 ; Also,
1
1111111111111111111111111111111111111111111111111111111
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All that portion of said Railway Company' s 200 foot
wide Branch Line right of way, being 100 feet wide on
each side of said Main Track centerline, located upon, L/
over and across the Southwest Quarter of the Northeast
Quarter of Section 22 , Township 10 North, Range 61 West
of the 6"' Principal Meridian, Weld County, Colorado,
bounded on the North and East by the North and East lines
of said Southwest Quarter of the Northeast Quarter of
Section 22 .
SUBJECT, however, to all existing interests, including but not
limited to all reservations, rights-of-way and easements of record
or otherwise.
EXCEPTING AND RESERVING, however, unto said Grantor, its
successors and assigns, all of the coal, oil, gas, casinghead gas
and all ores and minerals of every kind and nature, including sand
and gravel, underlying the surface of the premises herein conveyed,
together with the full right, privilege and license at any and all
times to explore, or drill for and to protect, conserve, mine,
take, remove and market any and all such products in any manner
which will not damage structures on the surface of the premises
herein conveyed, together with the right of access at all times to
exercise said rights .
ALSO, if the premises are locally assessed, the Grantee, and
for its successors and assigns, by acceptance of this deed, agrees
to assume all locally assessed real estate taxes, outstanding and
otherwise, and any and all past, present, pending and future
assessments of every nature whatsoever, which have been or may be
levied against the premises.
ALSO, the Grantee, and for its successors and assigns, by
acceptance of this deed, hereby releases and forever discharges the
Grantor, its successors and assigns, from any and all present or
future obligations of the Grantor, its successors and assigns,
including but not limited to the construction of or continued
maintenance thereto of any railroad fences, snow fences, road
crossings, cattle guards, gates, farm crossings, bridges, drainage
or irrigation pipes, if any, located and situated on the premises
herein conveyed.
ALSO, Grantee, by accepting this deed, expressly acknowledges
that Grantee is buying the above described property in an "AS IS"
condition and that Grantee has relied upon its own independent
2
1111111 11111111111111111111111111111111 III IIIII IIII IIII
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investigation of the physical condition of said property. Grantee
hereby releases and indemnifies Grantor and Grantor' s shareholders,
officers, directors, agents and employees from all responsibility
and liability regarding the condition (including, but not limited
to, the physical condition or presence of hazardous materials) ,
valuation or utility of the above described property.
TO HAVE AND TO HOLD the same, together with all and singular
the appurtenances and privileges thereunto belonging, or in anywise
thereunto appertaining, and all the estate, right, title, interest
and claim whatsoever, of the said Grantor, either in law or equity,
to the only proper use, benefit and behoof of the said Grantee, its
successors and assigns forever.
IN WITNESS WHEREOF, the said Grantor has caused this deed to
be signed by its authorized officers, and has caused the seal to be
hereto affixed the day and year first above written.
THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY
BY 4.177 • _
D. P. Schneider
General Director Real Estate
........F e,,
'•.Fq'; ATTEST:
Q• 9!'
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Patricia Zbi rski
... .. .
% .,, tier1i�i`< Assistant Secretary
IIIIII I'III VIII IIIIII IIIIII VIII III'I III IIII' llll ll'I
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Send Tax Bills To:
County of Weld, Colorado
1111 H Street
P.O. Box 758
Greeley, CO 8O632
STATE OF TEXAS
) ss
COUNTY OF TARRANT )
The foregoing instrument was acknowledged before me this
.„2 'A≥ day of ('tt1Gucr , 2OO4, by D. P. Schneider as
General Director Real Estate and Patricia Zbichorski as Assistant
Secretary of The Burlington Northern and Santa Fe Railway Company,
a corporation.
WITNESS my hand and official seal.
TERRI BENTLEY T
Notary PubIk C
AW Atratese,
* * * STATE OF TEXAS Notary Public
tra a my Corr.Exp.07/30/2006
This instrument was drafted by:
The Burlington Northern and
Santa Fe Railway Company
Property and Facilities Management
2500 Lou Menk Drive, AOB 3
Fort Worth, Texas 76131-283O
1111111 11111 111111 111411 11111111 11111 11111111
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BN1770-24/New Rymer to Hereford, CO
4
•
PARTIAL RELEASE
11 2 2 °
THIS PARTIAL RELEASE made on , by and
among U. S. BANK TRUST NATIONAL ASSOCIATION a national banking
association organized and existing under the laws of the United States of America, as
Corporate Trustee (the "Corporate Trustee"), (successor to Morgan Guaranty Trust
Company of New York), and Laura Roberson, successor to W.A. Johnson, successor
individual trustee (together with the Corporate Trustee, the "Trustees"), under the
Consolidated Mortgage dated March 2, 1970, as supplemented (the "Mortgage"), and
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, now
BNSF RAILWAY COMPANY, a corporation organized under the laws of the State of
Delaware (the "Company") WITNESSETH:
WHEREAS, the Company's interest in the property described in Exhibit "A"
hereto attached and by this reference made a part hereof(the "Property") is subject to the
lien of the Mortgage; and
WHEREAS, the Mortgage was filed for record, among other places, in the office
of the Recorder, County of Weld, State of Colorado, as a real estate mortgage, on March
5, 1970, in Book 621, Page 207, as Document No. 1543408; and
WHEREAS, the Company has requested release of the Property from the lien of
the Mortgage pursuant to Article Five thereof and has furnished to the Corporate Trustee
certificates and opinions which comply with the provisions thereof;
NOW, THEREFORE, THIS PARTIAL RELEASE WITNESSETH that the
Corporate Trustee, in consideration of the sum of One Dollar ($1.00) and other valuable
consideration, does hereby forever release and discharge from the lien of the Mortgage,
and all supplements thereto, all right,title and interest in and to the Property described in
said Exhibit"A" hereto attached.
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1 o 4 2 2County,
R 0.00 D 0.00 Steve Moreno Cl re k& Recorder EC,--GNI
�'7 . Cu LEDAb O#(136 109 C� e1
TO HAVE AND TO HOLD said Property unto the Company, its successors and
assigns, free and clear and discharged of and from all liens and claims under said
Mortgage.
The recitals made herein are recitals by the Company and not by the Trustees.
The reservations and exceptions, if any, set forth in said Exhibit "A" are intended to be
for the benefit of the Trustees and the lien of the Mortgage on any rights and interests so
reserved and excepted, if any, are not released, quitclaimed or disclaimed. Nothing
herein contained shall affect, alter or diminish the lien or encumbrance of the Mortgage
on the Company's interest in any of the properties covered by it other than the Property.
This release is executed by the Corporate Trustee without covenants or warranties, either
expressed or implied, and without recourse against the Trustees.
IN WITNESS WHEREOF, the Corporate Trustee has caused this Partial Release
to be signed and witnessed and its corporate seal to be hereunto affixed and attested by
the signature of its Assistant Secretary, all as of the day and year first above written.
Signed, sealed and delivered on behalf U. S. BANK TRUST NATIONAL
of U. S. Bank Trust National ASSOCIATION as Corporate Trustee
Association as Corporate Trustee, in
presence of:
jai By: /T
Vi ePres .g
Elvis S. Wood fit`'
never • t 'a
ATTEST i '£ C"
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Watt rwt . teLa.+ . (Seal) ort
tt
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Wayne C. Grima 4u
Cruz
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STATE OF NEW YORK )
) ss.
COUNTY OF NEW YORK )
On NO v Q.n- ,i✓ cpax-00 <, before me the undersigned, a notary public,
personally d appeared` �2�1ar j A. '1Ytit.Sj , to me known to be a
Vie $ R(-e_�S' 1 -kr A-- of U. S. Bank Trust National Association, the
corporation which executed the foregoing instrument as Corporate Trustee, and who
being duly sworn did say, that the seal affixed to said instrument is the corporate seal of
said corporation, and that said instrument was signed and sealed in behalf of said
corporation by authority of its Board of Directors, and acknowledged said instrument to
be the free act and deed of said corporation. Given under my hand and official seal on
/.90 J2M ✓ 0L D
p atr yk ,'CAR y' Notary Public, City, County and State of New York
y ' My commission expires:
4 t' P vatri.c.V Cowart
eOP 1t. 1 Notary Public,State of New York
No.01C0608638
Qualified in Hinds County,e,Comminion Expires Sept 33,x.
1 111111 11111 111111 IN 111111 111111 11111 III 11111 1111 111 I
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i
New Raymer to Hereford, Weld County, Colorado - Former Chicago, Burlington &
Quincy Railroad Company property now Burlington Northern Inc. Consolidated property
conveyed to County of Weld.
Exhibit "A"
B1,4177()-23
All that portion of The Burlington Northern and
Santa Fe Railway Company' s (formerly Chicago, Burlington
& Quincy Railroad Company) 200 foot wide New Raymer to
Hereford, Colorado Branch Line right of way, now
discontinued, being 100 feet wide on each side of said
Railway Company' s Main Track centerline, as originally
located and constructed upon, over and across the East
Half of the Southeast Quarter of Section 22 , Township 10
North, Range 61 West of the 6th Principal Meridian, Weld
County, Colorado, bounded on the North and East by the
North and East lines of said East Half of the Southeast
Quarter of Section 22 .
ALSO,
B1%11771)-24
All that portion of The Burlington Northern and
Santa Fe Railway Company' s (formerly Chicago, Burlington
& Quincy Railroad Company) 100 foot wide New Raymer to
Hereford, Colorado Branch Line right of way, now
discontinued, being 50 feet wide on each side of said
Railway Company' s Main Track centerline, as originally
located and constructed upon, over and across the
Northwest Quarter of the Northeast Quarter of Section 22 ,
Township 10 North, Range 61 West of the 6th Principal
Meridian, Weld County, Colorado, bounded on the North and
South by the North and South lines of said Northwest
Quarter of the Northeast Quarter of Section 22 ; Also,
All that portion of said Railway Company' s 200 foot
wide Branch Line right of way, being 100 feet wide on
each side of said Main Track centerline, located upon,
over and across the Southwest Quarter of the Northeast
Quarter of Section 22 , Township 10 North, Range 61 West
of the 6th Principal Meridian, Weld County, Colorado,
bounded on the North and East by the North and East lines
of said Southwest Quarter of the Northeast Quarter of
Section 22 .
11111111111 1111III111111111111111111111111111111111
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