2001-218S \Our Documepts\Ordlnances~01 \Union Pacific Correct~on Deed Ordinance doc
ORDINANCE NO~
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 721 72 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 Ctty of Denton and the Umon Pacific Railroad ~n substanttally the
form of the correction deed which ts attached to and made a part of this ordtnance for all
purposes, whmh correction deed ts related to a Line Sale Agreement dated July 2, 1993 for
Union Pacffic's Denton Branch raft hne between milepost 721 72 at Denton, Texas and milepost
729 5 at Coors, Texas
SECTION 2 Thxs ordmance shall become effecttve tmmedlately upon ~ts passage and
approval
PASSED AND APPROVED thts the ]__.~ dayof ~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
Ir '
APPRXOVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Railroad Approval Cop~,
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 M~ssoun Pacific Railroad Company, a Delaware corporation, ("Grantor"), in
consideration of the sum of One Dollar ($1 00) and other valuable consideration, to ~t
duly Pa~d, the receipt whereof ~s hereby acknowledged, does hereby REMISE,
RELEASE and forever QUITCLAIM unto THE CITY OF DENTON, TEXAS, a Texas
mumclp~ahty, ("Grantee") and unto its successors and assigns forever, all of Grantor's
nght t~tle, ~nterest, estate, claim and demand, both at law and ~n eqmty, of, ~n and to the
real estate underyng the Grantor's Denton Branch between M~lepost 721 72 at Denton,
Texas, and M~lepost 729 5 at Coors, Texas, as such property (the "Realty") ~s located in
Denton County, Texas, and as more parbcularly described in Exhibit A, hereto attached
and hereby made a part hereof
RESERVING, unto the Grantor, ~ts successors and assigns, an
EASEMENT on, along, across and under the Realty for the construction, maintenance
and op~ration of ex~st~ng or future coal slurry pipelines or fiber optic facihtles, together
w~th the nght of ~ngress and egress thereto, for the maintenance, operation, repair,
renewal, reconstruction, and, ~f necessary, removal of such fac~htles located on the
Realty
RESERVING ALSO unto Grantor, ~ts successors and assigns, forever, all
minerals and all mineral nghts of every kind and character now known to exist or
hereafter discovered underlying the Realty, including w~thout hm~bng the generehty of
the foregoing, oil and gas nghts thereto, together with the sole, exclusive and perpetual
nght to lexplore for, remove and d~spose of said minerals by any means or methods
su~tablel to the Grantor, ~ts successors and assigns, but without entenng upon or using
the surface of the Realty, and ~n 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 m~mng explorabon or related acbwtles or operations by the
Grantor, or ~ts successors or assigns, result ~n cost or expenses to the Grantee In
connection w~th Grantee's ownership of the Realty, such cost and expense shall be pa~d
to Grantee w~th~n fifteen days of the receipt of the m~neral ~nterest owner(s) of a notice
of the cost or expense, and PROVIDED, further, that in the event that such m~mng
operations unreasonably ~nterfere 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 ~m order to facilitate Grantor's acbvlbes
Th~s Deed Is made SUBJECT TO
1 All of the terms and condit~ons contained ~n that certain L~ne Sale Contract
between Grantor and Grantee dated July 2, 1993
2 The condition that all taxes and all assessments lewed upon or assessed against
the Realty for any period or bme pnor to and ~nclud~ng the date of th~s deed shall
be pa~d by the Grantor, that all taxes and all assessments lewed upon or
assessed against the Realty for any penod or bme after the date of th~s 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 per~od of t~me after the date of th~s deed
3 The terms and cond~bons contained ~n the Order from the Interstate Commerce
Commission m Docket No AB-3 (Sub-No ggx), that was dec~ded April 15, 1992,
and served April 27, 1992, that authonzed the Grantor to discontinue operabon
over the I~ne of railroad described above As part of the aforesaid authonzafion
served by the Commission, the Commission ~mposed a ra~l-bank ~ntenm trail use
condition pursuant to Secbon 8 (d) of the National Trails System Act, 16 U $ C
§ 1247 (d)
4 All other cond~bons, restrictions, covenants, reservations, easements, superior
r~ghts and encumbrances affecting the Realty, whether recorded or unrecorded
5 To the extent allowed by law, Grantor agrees to ~ndemmfy and hold harmless
Grantee, ~ts officers, ~ts affihates and their officers, and Grantee's agents and
employees, against and from any and all hab~hty, loss, damage, claims,
demands, costs and expenses, of whatsoever nature, ~nclud~ng court costs and
attorney's fees, for which Grantor, or any third party which has or had a
contractual relabonsh~p with Grantor, may be held liable or responsible under
State and Federal enwronmental laws, and which are associated In whole or In
part w~th the I~ne and realty conveyed by Grantor to Grantee The above
~ndemmficabon ~s enforceable between Grantor and Grantee only, and shall not
~nure to the benefit of any third party, ~nclud~ng without hm~tabon, subsequent
purchasers, assignees, or lessees, and shall not run w~th the land
G \LAWADM\PARUML\1374-30 C~tyofDenton,TX QCD doc
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 g~ven ~n subsbtut~on for and correct~on of the
Quitclaim Deed dated August 9, 1993 and filed for record on August 24, 1993 as County
Clerk Number 93-R0058485 ~n the Real Property Records of Denton County, Texas
Any ~ncons~stency between the terms of the deed dated August 9, 1993, and the terms
of th~s Correcbon Quitclaim Deed shall be resolved ~n accordance w~th the terms of th~s
Correcbon Quitclaim Deed Th~s Correction Quitclaim Deed shall be deemed to be
controlhng and to supersede the deed dated August 9, 1993
IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed
as of the Iz~t: day of ~-[ ,~ ~ ,2001
Attest , e~creta~ UNION PACIFIC RAILROAD COMPANY
· n/ Title /~ ~,-~'
(Seal)
THE CITY OF DENTON, TEXAS, a Texas mumclpahty, does hereby consent and
agree to all of the terms of the foregoing Correct~on Quitclaim Deed and does hereby
qu~tcla[rn and reconvey to Umon Pacific Railroad Company, a Delaware corporabon,
any ~nterest inconsistent therewith conveyed to it by the Quitclaim Deed dated August 9,
1993
(~/~sest '~ THE CITY OF DENTON, TEXAS
· -J7 'C~ty Clerk Mayor
G \LAWADM\PAR~JML~1374 30 C~tyofDenton,'rx QCD doc
ACKNOWLEDGMENT
STATE OF NEBRASKA )
) ss
COUNTY OF DOUGLAS )
On ~ ~/~' I ~1- ,2001, before me, ~ ~otary Pubhc In and for
sa~d Co~nty_~nd.~tate, personally appeared ~ [3
and ~;3 ~ub~,~ who are the
and the Assistant Secreta~, respe~vely, of Umon Pacific Rmlroad Company, a
Delaware corporation, and who are personally known to me (or proved to me on the
bas~s of sat~sfacto~ ewdence) to be the persons whose names are subscribed to ~n the
w~thln instrument, and acknowledged to me that they executed the same m their
authorized capacities, and that by their s~gnatures on the ~nstmment the persons, or the
ent~ upon behalf of whmh the persons acted, executed the ~nstrument
WITNESS my hand and o~clal seal
Sea ~ enE~a~ ~RS~- ·
G \LAWADM\PARUML\1374-30 CltyofDenton,TX QCD doc
4
ACKNOWLEDGEMENT
STATE OF TEXAS )
) ss
COUNTY OF DENTON )
The foregmng instrument was acknowledged on the /.,~ day of .~
2001, before me, a Notary Pubhc duly/~o~nm~ss~,n, ed, qu, aJlfied and acting, ~ith~n and
for the smd County and State by Z'~.///I~ .,(:3~'o~_K , to me
personally known, who stated that he/she ~s the Mayor of the The C~ty of Denton, Texas
and that he/she ~s duly authorized in h~s/her capacity to execute the foregmng
~nstrument for and ~n the name and behalf of smd~C~t~ ~
5
UNIONI PACIFIC RAILROAD COMPANY
Denton County, Texas
EXHIBIT "A"
All right, title and ~nterest ~n and to the dght of way, ballast and bndges of the abandoned
port~on of the Denton Branch of the Umon Pacific Railroad Company m Denton County, Texas,
as sa~d hne extends ~n a southeasterly d~rect~on from a hne being parallel w~th and northerly
50 00 feet, as measured at nght angles, from the northerly hne of Pra~ne Street, 60 00 feet w~de,
as ong~nally established, to a point 718 70 feet southerly of the north line of H H Swisher
Survey, as measured along the cented~ne of sa~d abandoned hne, sa~d point being at
engineering station 1509+56 3, ~n, over and across the following legal subd~ws~ons
Jasper Addition to the C~ty of Denton (H S~sco - 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 H~II - H R Abst 623*)
S C H~ram- H R (Abst 616')
W R Teague- H R (Abst 1266')
Mary L Austin - H R (Abst 4*)
Secbon 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-HR (Secbon39-M E &PRR Co Abst 911')
L H Bates- H R (Abst 204*)
J P Walton- H R (Abst 1389')
H Garnson- 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 comp~led
1945
Excepting therefrom those certain parcels of land as heretofore acquired by Dallas &
VVich~ta Railroad Company (predecessor to M~ssoun Pacific Railroad Company) from W V
Pockrus,and w~fe and E A Garrison and wife by Warranty Deeds dated August 23, 1890,
recorded August 26, 1890 m Book 44 at Pages 327 and 330, respecbvely, ~n the records of
Denton County, Texas
Office of Contracts and Real Estate
Omaha, INebmska
May 3, 11993
Rewsed ~June 29, 1993, May 30, 2001
Wntten by DDB
dentonbr
Folder No 1374-30