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Home My WebLink About2001-218S \Our Document;\0rdmances\01\Union Pacific Common Deed Ordinance doc AN ORDINANCE APPROVING A CORRECTION DEED BETWEEN THE CITY OF DENTON AND UNION PACIFIC RAILROAD COMPANY RELATING TO A LINE SALE AGREEMENT DATED JULY 2, 1993 FOR UNION PACIFIC'S DENTON BRANCH RAIL LINE BETWEEN MILEPOST 72172 AT DENTON, TEXAS, AND MILEPOST 729 5 AT COORS, TEXAS, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Mayor, or Mayor Pro Tem, is hereby authorized to execute a correction deed between the City of Denton and the Union Pacific Railroad in substantially the form of the correction deed which is attached to and made a part of this ordinance for all purposes, which correction deed is related to a Line Sale Agreement dated July 2, 1993 for Union Pacific's Denton Branch rail line between milepost 72172 at Denton, Texas and milepost 729 5 at Coors, Texas SECTION 2 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 1 '= day of , 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APP VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Railroad Approval Copy STATE OF TEXAS ) ) ss COUNTY OF DENTON ) 1374-30 CORRECTION QUITCLAIM DEED UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, successor in interest by merger to Union Pacific Railroad Company, a Utah corporation and Missouri Pacific Railroad Company, a Delaware corporation, ("Grantor"), in consideration of the sum of One Dollar ($1 00) and other valuable consideration, to it duly paid, the receipt whereof is hereby acknowledged, does hereby REMISE, RELEASE and forever QUITCLAIM unto THE CITY OF DENTON, TEXAS, a Texas municipality, ("Grantee") and unto its successors and assigns forever, all of Grantor's right title, interest, estate, claim and demand, both at law and in equity, of, in and to the real estate underlying the Grantor's Denton Branch between Milepost 72172 at Denton, Texas, and Milepost 729 5 at Coors, Texas, as such property (the "Realty") is located in Denton County, Texas, and as more particularly described in Exhibit A, hereto attached and hereby made a part hereof RESERVING, unto the Grantor, its successors and assigns, an EASEMENT on, along, across and under the Realty for the construction, maintenance and operation of existing or future coal slurry pipelines or fiber optic facilities, together with the right of ingress and egress thereto, for the maintenance, operation, repair, renewal, reconstruction, and, if necessary, removal of such facilities located on the Realty RESERVING ALSO unto Grantor, its successors and assigns, forever, all mineral$ and all mineral rights of every kind and character now known to exist or hereafter discovered underlying the Realty, including without limiting the generality of the foregoing, oil and gas rights thereto, together with the sole, exclusive and perpetual right to lexplore 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 Realty, and in such manner as not to damage the surface of the Realty, or to interfere with the use thereof by the Grantee, its successors and assigns, PROVIDED, however, that if mining exploration or related activities or operations by the Grantor, or its successors or assigns, result in cost or expenses to the Grantee in connection with Grantee's ownership of the Realty, such cost and expense shall be paid to Grantee within fifteen days of the receipt of the mineral interest owner(s) of a notice of the cost or expense, and PROVIDED, further, that in the event that such mining operations unreasonably interfere with Grantee's use of the Realty, the Grantor, or its successors and assigns, shall bear all reasonable costs that may be incurred by Grantee nn order to facilitate Grantor's activities This Deed is made SUBJECT TO 1 All of the terms and conditions contained in that certain Line Sale Contract between Grantor and Grantee dated July 2, 1993 2 The condition that all taxes and all assessments levied upon or assessed against the Realty for any period or time prior to and including the date of this deed shall be paid by the Grantor, that all taxes and all assessments levied upon or assessed against the Realty for any period or time after the date of this deed shall be payable by the Grantee, and that the Grantee assumes and agrees to pay, or to reimburse the Grantor for, if paid by it, all such taxes and assessments for the period of time after the date of this deed 3 The terms and conditions contained in the Order from the Interstate Commerce Commission in Docket No AB-3 (Sub -No 99X), that was decided April 15, 1992, and served April 27, 1992, that authorized the Grantor to discontinue operation over the line of railroad described above As part of the aforesaid authorization served by the Commission, the Commission imposed a rail -bank interim trail use condition pursuant to Section 8 (d) of the National Trails System Act, 16 U S C § 1247 (d) 4 All other conditions, restrictions, covenants, reservations, easements, superior rights and encumbrances affecting the Realty, whether recorded or unrecorded 5 To the extent allowed by law, Grantor agrees to indemnify and hold harmless Grantee, its officers, its affiliates and their officers, and Grantee's agents and employees, against and from any and all liability, loss, damage, claims, demands, costs and expenses, of whatsoever nature, including court costs and attorney's fees, for which Grantor, or any third party which has or had a contractual relationship with Grantor, may be held liable or responsible under State and Federal environmental laws, and which are associated in whole or in part with the line and realty conveyed by Grantor to Grantee The above indemnification is enforceable between Grantor and Grantee only, and shall not inure to the benefit of any third party, including without limitation, subsequent purchasers, assignees, or lessees, and shall not run with the land G \LAWADM\PARVML\i37430 CdyofDenton,TX QCD doe 2 THIS QUITCLAIM IS MADE ON AN "AS IS WHERE IS" BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WHATSOEVER, EXPRESS OR IMPLIED, CONCERNING THE CONDITION OF THE REALTY, EXCEPT AS OTHERWISE STATED IN THE LINE SALE CONTRACT BETWEEN GRANTOR AND GRANTEE, DATED JULY 2, 1993, AND GRANTEE HEREBY SPECIFICALLY WAIVES ANY IMPLIED WARRANTIES PROVIDED FOR BY TEXAS LAW (IF ANY), INCLUDING ANY AND ALL WARRANTIES REGARDING FITNESS FOR ANY PARTICULAR USE OR PURPOSE WHATSOEVER This Correction Quitclaim Deed is given in substitution for and correction of the Quitclaim Deed dated August 9, 1993 and filed for record on August 24, 1993 as County Clerk Number 93-R0058485 in the Real Property Records of Denton County, Texas Any inconsistency between the terms of the deed dated August 9, 1993, and the terms of this Correction Quitclaim Deed shall be resolved in accordance with the terms of this Correction Quitclaim Deed This Correction Quitclaim Deed shall be deemed to be controlling and to supersede the deed dated August 9, 1993 IN WIT ,4ESS WHEREOF, the Grantor has caused this Deed to be duly executed as of the day of J Q A-0 , 2001 Attest UNION PACIFIC RAILROAD COMPANY By, Ssist nt Secretary Title Ass 15 marts cc tze-s 1oe-r,�r (Seal) THE CITY OF DENTON, TEXAS, a Texas municipality, does hereby consent and agree to all of the terms of the foregoing Correction Quitclaim Deed and does hereby quitclaim and reconvey to Union Pacific Railroad Company, a Delaware corporation, any interest inconsistent therewith conveyed to it by the Quitclaim Deed dated August 9, 1993 /J I _rWO, G 1AWADM\PARUW1374 30 CRyofDenton,TX QCD doo THE CITY OF DENTON, TEXAS By la'&dk— Mayor >•DDr se to t 3 aww c. tl se Sian[ Y Ce Pteeldent ACKNOWLEDGMENT STATE OF NEBRASKA ) ) ss COUNTY OF DOUGLAS ) On � 0 rto- I Srt , 2001, before mg, @ Notary Public in and for said Cogn?ndgtate, personally appeared R e �h�� and 11�3 QbaT who are the Assts-rar rT t,-x 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 W210; ARY•Staw of Nebredu (Seal) I A�R28 2004 1 END G \LAWADM\PARUML\1374-30 CHyofDenton,TX QCD doc ACKNOWLEDGEMENT STATE OF TEXAS ) ) ss COUNTY OF DENTON ) The foregoing instrument was acknowledged on the I j day of 2001, before me, a Notary Public duly/Goinmis ad, qua ified and acting, ithin and for the said County and State, by L`UI/tk ►-I)P , to me personally known, who stated that he/she is the Mayor of the The City of Denton, Texas and that he/she is duly authorized in his/her capacity to execute the foregoing Instrument for and in the name and behalf of said Ci ANNFORSYTHE Notary Publio, State of TWA My Commlealon DOW MAY B, 2002 5 UNIONI PACIFIC RAILROAD COMPANY Denton County, Texas EXHIBIT "A" All right, title and interest in and to the right of way, ballast and bridges of the abandoned portion of the Denton Branch of the Union Pacific Railroad Company in Denton County, Texas, as said line extends in a southeasterly direction from a line being parallel with and northerly 50 00 feet, as measured at right angles, from the northerly line of Prairie Street, 60 00 feet wide, as originally established, to a point 718 70 feet southerly of the north line of H H Swisher Survey, as measured along the centerline of said abandoned line, said point being at engineering station 1509+56 3, in, over and across the following legal subdivisions Jasper Addition to the City of Denton (H Sisco - H R Abst 1184*) Moores Addition to the City of Denton ( H Sisco - H R Abst 1184*) Alex Robertson Addition to the City of Denton (A Hill - H R Abst 623*) S C Hiram - H R (Abst 616*) W R Teague - H R (Abst 1266*) Mary L Austin - H R (Abst 4*) Section 52 - M E & P R R Co (R Hopkins H R Abst 1694*) J S Taft - H R (Abst 1256*) Joseph White - H R (Abst 1433*) Section 46 - M E & P R R Co (D Hough H R Abst 646*) D Lambert - H R (Abst 784*) Section 47 - M E P& P R R Co (Abst 950*) Gideon Walker - H R (Abst 1330*) S H Morgan - H R (Section 39 - M E& P R R Co Abst 911 *) L H Bates - H R (Abst 204*) J P Walton - H R (Abst 1389*) H Garrison - H R (Abst 507*) T W Jenkins - H R (Abst 1376*) Thos White Sr - H R (Abst 1375*) Thos White Survey (Abst 1375*) H H Swisher Survey (Abst 1220*) *Names and/or Abstract Nos from State of Texas General Land Office map compiled 1945 Excepting therefrom those certain parcels of land as heretofore acquired by Dallas & Wichita Railroad Company (predecessor to Missouri Pacific Railroad Company) from W V Pockrus and wife and E A Garrison and wife by Warranty Deeds dated August 23, 1890, recorded August 26, 1890 in Book 44 at Pages 327 and 330, respectively, in the records of Denton County, Texas Office of Contracts and Real Estate Omaha, !Nebraska May 3, 11993 Revised iJune 29, 1993, May 30, 2001 Written by DDB dentonbr Folder No 1374-30