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09120
RESOLUTION NO. 9120 A RESOLUTION GRANTING A CONSTRUCTION EASEMENT TO THE BOARD OF WATER WORKS OF PUEBLO, COLORADO FOR SUBSURFACE WATER MAINS AND APPROVING AN AGREEMENT BETWEEN PUEBLO AND THE BOARD OF WATER WORKS OF PUEBLO, COLORADO RELATING TO ITS OBLIGATION FOR DAMAGE OR INJURY TO IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Construction Easement between the City and the Board of Water Works of Pueblo, Colorado dated September 25, 2000, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The Agreement between Pueblo, a Municipal corporation and the Board of Water Works of Pueblo, Colorado, dated September 25, 2000 relating to the Board's obligation for damage or injury to improvements caused by the construction of the water main, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 3 The President of the City Council is authorized to execute and deliver the Easement and Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. The City Clerk is directed to record the Easement in the office of the Pueblo County Clerk and Recorder. INTRODUCED: September 25, 2000 By Rich Golenda Councilperson ATTEST: City C1 6k APPR ED: 1 P sident of the City Council Resolution #9120 AGREEMENT THIS AGREEMENT made this 25th day of September, 2000, between Pueblo, a municipal corporation, hereinafter "City," and the Board of Water Works of Pueblo, Colorado (hereinafter "the Board "): WITNESSETH: WHEREAS, the Board and City have heretofore entered into an understanding wherein City provides for the Board a 50 -foot easement to construct, maintain, change, renew and operate a subsurface water main or water mains for the conveyance and carriage of water across the premises described on Exhibit A attached hereto and incorporated by reference herein ( "Permanent Easement "), and also a 100 -foot temporary construction easement across the premises described on Exhibit B attached hereto and incorporated by reference herein ( "Construction Easement "). THEREFORE, as further consideration for the granting of said easements by the City to the Board, the Board hereby agrees as follows: 1. The Board shall expeditiously install the water main in a good and workmanlike manner at the least inconvenience to the continued use of the existing improvements located on said easements and in accordance with the Sequence set forth in the attached Exhibit C attached hereto and incorporated herein by reference. Board will cause its contractor to adhere to the Sequence and perform the work therein described. The Sequence may be modified by mutual agreement of City, Board and Center (as defined in paragraph 6). 2. The Board shall restore, repair, replace and relocate all improvements located on or adjacent to the Construction Easement including, without limitation, the trail system, roads, parking areas, structures, buildings, utilities, plumbing, individual sewage disposal systems, and other improved areas disturbed or damaged by the Board or its agents, employees, contractor and subcontractors, subject, however, to paragraph 5 below. 3. The Board shall relocate all such improvements which may not be reasonably repaired and replaced. 4. All such restorations, repairs, replacements and relocations will be completed by the Board, at its sole cost and expense, in accordance with a schedule, plan and specifications approved by the City and to City's satisfaction, which will not be unreasonably withheld. The Board will warrant the workmanship and material for such restorations, repairs, replacements and relocations for a period of two years. 5. The term "Nature Center" as used in this Agreement means and includes the real property owned and leased by City and Center located between Station 163 +50 and Station 169 +00 shown on Board's construction drawings for the subsurface water main and all improvements located thereon. The Permanent Easement crosses the Nature Center from Station 163 +50 to Station 169 +00 shown on Board's construction drawings. There will not be a Construction Easement across the Nature Center. City has or will apply for GOCO funds to install a plaza in the parking area between the Nature Center building and restaurant located at the Nature Center (the "Plaza Area "). The Board and City have consulted in detail regarding the damage that is likely to be caused to existing improvements in the Plaza Area by the construction of the Board's water main across the Plaza Area and have agreed that the sum of $131,930.00 represents an appropriate amount for the damage to the items described in Exhibit E attached hereto and incorporated herein (the "Liquidated Damages "). If the City receives the GOCO funds before Board's contractor commences construction work in the Permanent Easement across the Nature Center, which work is scheduled to start November 1, 2001 and be completed February 28, 2002, Board will pay to City within ten (10) days after City's request, the Liquidated Damages in lieu of physical restoration, replacement and relocation of the items described in attached Exhibit E. In addition, Board will (a) replace the asphalt and concrete drainage pan disturbed or removed by the Board's contractor in the west parking lot; (b) re- install 7 light poles, bases, and wiring on east and west side of the parking lot disturbed or removed by Board's contractor; (c) provide a 3/4 -inch plant mix seal overlay of the west parking lot for the area south and east of the concrete flow pan after the asphalt is removed and replaced by the Board or its contractor; and (d) replace 90 Cottonwood trees along west road (88 x $100 /tree and 2 x $2,000 /tree) to the extent disturbed or removed by Board's contractor; (e) restore, replace, repair and relocate all other improvements located on the Nature Center disturbed or damaged by the Board or its contractor. If the City does not receive the GOCO funds on or before Board's contractor commences work in the Permanent Easement across the Nature Center, Board will not pay the Liquidated Damages to City and, in lieu of such payment, Board will restore, replace, repair and relocate all improvements located on the Nature Center including those items described in the attached Exhibit E disturbed or damaged by the Board or its contractor to the mutual satisfaction of the director of the Center and City's Director of Planning and Development, which will not be unreasonably withheld. Board and City acknowledge that replacement trees and shrubs will not be the same size as those removed but agree that they will be the size and type mutually agreed upon limited to the cost -2- per tree or shrub specified in either (d) above or Exhibit E. 6. The Greenway and Nature Center of Pueblo, Inc. (the "Center ") manages the Nature Center under Modified Management Agreement dated January 25, 1993 and Addendum No. 1 dated January 1, 1996 (collectively the "Management Agreement "). Center has leased the Nature Center to The State Board of Agriculture for the use and benefit of the University of Southern Colorado (the "University ") who in turn has leased the restaurant located on the Nature Center to Morrison's Hospitality Group (the "Morrison "). Board and City acknowledge and agree that the provisions of this Agreement do not nor are they intended to affect, release, modify or discharge any rights or claims Center, University or Morrison may have arising out of or related to any injury or damage caused by the Board or its contractor to their property and /or their interest in the Nature Center. WITNESS our hands and seals this 27th day of September, 2000. PUE O, A MUNIC AL CORPORATION (SEAL] 7 Attest: By �1 City erk President of the City Council COUNTY OF PUEBLO ) STATE OF COLORADO ) ss. The foregoing instrument was acknowledged before me this 27th day of September, 2000 ,.4 Corinne Koehler as President of City Council and Gina Dutcher, City Clerk of Pueblo, a Municipal n. O .•'�J- s my hand and official seal. •Z. 3 t I mission expires: 8 -21 -2003 O otaryy�Public BOARD OF WATER WORKS [SEAL] OF PUEBLO COLOWO f Attest: 7/ �� By Title: Secretary Treasurer Title: P resident F:\ CITY\ PUBLIC- W\BDOFH2O\EASEMENT\AGMNT.WPD -3- COUNTY OF PUEBLO ) STATE OF COLORADO ) ss. The foregoing instrument was acknowledged before me this 29th day of September, 2000 by Michael W. Stillman as President and Vera Ortegon as Secretary- Treasurer of the Board of Water Works of Pueblo, Colorado. Witness my hand and official seal. My commission expires: [SEAL] 9/13/2001 Notary Public F: \CITY\ PUBLIC- W\BDOFH2O \EASEMENT\AGMNT.WPD -4- 1111111111111111111111111111111111111111111111111111111 -9120 1352784 10/04/2000 12:26P EASE Chris C. Munoz 1 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Ree CONSTRUCTION EASEMENT THIS EASEMENT, made this 25th day of September, 2000, between Pueblo, a municipal corporation ( "Grantor "), and Pueblo, a municipal corporation, for the use and benefit of the Board of Water Works of Pueblo, Colorado, pursuant to Article 15 of the Charter of Grantor, whose legal address is Pueblo, Colorado, County of Pueblo, State of Colorado ( "Grantee "), its successors and assigns: WITNESSETH, Grantor has heretofore granted a 50 -foot wide easement to Grantee to construct, maintain, change, renew and operate a subsurface water main or water mains for the conveyance and carriage of water. In conjunction with said 50 -foot wide easement, Grantor desires to convey to Grantee a temporary construction easement 100 feet wide with the same centerline as the 50 foot wide easement to be in effect for the period of construction of the water main referred to above. Grantor, for and in consideration of the sum of Ten Dollars and other valuable consideration, to the said Grantor in hand paid by the said Grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns, a temporary construction easement and right -of -way 100 feet wide, situate, lying and being in the County of Pueblo and State of Colorado, described as follows: See Exhibit A attached and incorporated by reference. 1 11111 IN IN 1332784 10/04/2000 12:26P EASE Chris C. Munoz 2 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Ree This easement may be used by Grantee, its employees and contractors, in aid of the construction of said water main. Grantee and its employees and contractors may clear the surface of such easement of any obstructions that might interfere with the construction of the water main; may excavate within said construction easement; and may operate equipment upon said construction easement, and otherwise do those things useful and necessary to the construction of the water main, all however subject to the obligation of Grantee to restore, repair and replace all improvements, including without limitation trail systems, roads, parking areas and other improved areas disturbed or damaged by the Grantee or its agents, employees, contractors and subcontractors, as more particularly set forth in a separate agreement between Grantor and Grantee herein. TO HAVE AND TO HOLD said strip of land for so long as the same shall be used for the purposes aforesaid but said easement and right -of -way shall terminate in any event on the 1s' day of June, 2002. This 100 -foot construction easement shall not be applicable to the property commonly referred to as the Nature Center, more particularly described on Grantee's construction drawings as Station 163 + 50 to Station 169 + 00. The Grantor covenants and agrees for itself, its successors and assigns, during the term of this easement not to erect any building or structure within the limits of said strip of land, and the Grantee, its successors and assigns, acting by and through said Board of Water Works of Pueblo, Colorado, shall have the right 2 111111111111111111111111111 1332784 10/04/2000 12:26P EASE Chris C. Munoz 3 of 4 R 20.00 D 0.00 Pueblo Cty Clerk 8 Ree to remove, at Grantee's expense, objects interfering with the construction, of said water main or water mains. The easement or right -of -way hereby granted is subject to the right of the Grantor, its successors and assigns, to pass over, across, along and upon said strip of land and otherwise use the surface thereof, provided such passage and use shall not be inconsistent or interfere with the use of said strip by the Grantee, its successors and assigns, acting by and through said Board of Water Works of Pueblo, Colorado, for the purposes aforesaid. To the extent legally permissible Grantee will indemnify and hold harmless the Grantor from any and all claims, expenses, liabilities, loss or damage to property or injury to or death of persons, caused by or arising out of the construction, installation and maintenance of the water mains or the use of the easement hereby granted by Grantee, its employees, agents or contractors. WITNESS our hands and seal this 25th day of September, 2000. PUEBL MUNICI L CORPORATION �_.-- (SE4kL > . � % �� Bye �-- President of City Council Attest: r City Adrk.- STATE OF COLORADO ) ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 27th day of September, 2000 by Corinne Koehler as President of the City Council and Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. 3 A l � s'�on Expires Y r L My Commissla? `:xD!�cs 0 c'2' 240') 11111111111111111111111111111111111111111111111111111111 1352784 10/04/2000 12:26P EASE Chris C. Munoz 4 of 4 R 20.00 D 0.00 Pueblo C!y Clerk & Ree 8 -21 -2003 ` tary Public BOARD OF WATER WORKS OF PUEBLO, COLORADO GZr! By: Titl President Attest: Title: Secretary- Treasur STATE OF COLORADO ) ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 29th day of September, 2000 by Michael W. Stillman as President and Ve Ortegon as S ecretary- T reasurer Colorado. of the Board of Water Works of Pueblo, Witness my and official seal. My.Commission Expires: 9/13/2001 N otaryPub lic 4 Reso. 9083 111111111111111111111111111111111111111111111111111 IN 1352783 10/04/2000 12:26P EASE Chris C. Munoz 1 of 9 R 45.00 D 0.00 Pueblo Cty Clerk & Rec EASEMENT(, THIS EASEMENT, made this day of August, 2000, between Pueblo, a municipal corporation ( "Grantor "), and Pueblo, a. municipal corporation, for the use and benefit of the Board of Water Works of Pueblo, Colorado, pursuant to Article 15 of the Charter- of Grantor, whose legal address is Pueblo, Colorado, County of Pueblo, State of Colorado ( "Grantee "), its successors and assigns: WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars and other valuable consideration, to the said Grantor in hand paid by the said Grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns, an easement and right -of -way situate, lying and being in the County of Pueblo and State of Colorado, described as follows: See Exhibit A attached and incorporated by reference. to construct, maintain, change, renew and operate a subsurface water main or water mains for the conveyance and carriage of water through, across and under the strip of land described above, together with the right of reasonable ingress to and egress from said strip of land for the foregoing purposes, and also to make temporary openings in fences to permit such ingress or egress. TO HAVE AND TO HOLD said strip of land for so long as the same shall be used for the purposes aforesaid, said easement and right -of -way to cease if and when said strip of land shall have ceased to be used for said purposes for a continuous period of five years. The Grantor covenants and agrees for itself, its successors and assigns, not to erect any building or structure within the limits of said strip of land, and the Grantee, its successors and assigns, acting by and through said Board of Water Works of Pueblo, Colorado, shall have the right to remove, at Grantee's expense, objects interfering with the construction, maintenance, operation, control and use of said water main or water mains. The easement or right -of -way hereby granted is subject to the right of the Grantor, its successors and assigns, to' pass over, across, along and upon said strip of land and otherwise use the surface thereof, provided such passage and use shall not be inconsistent or interfere with the use of said strip by the Grantee, its successors and assigns, acting by and through said Board of Water Works of Pueblo, Colorado, for the purposes aforesaid. To the extent legally permissible Grantee will indemnify and hold harmless the Grantor from any and all claims, expenses, liabilities, loss or damage to 111111111111- 11111IIIII IIIIIIIIIIIIIIIIIIII IIII11111 -1111- - 1352783 10/04/2000 12:26P EASE Chris C. Munoz 2 of 9 R 45.00 D 0.00 Pueblo Cty Clerk & Ree property or injury to or death of persons, caused by or arising out of the construction, installation and maintenance of the water mains or the use of the easement hereby granted by Grantee, its employees, agents or contractors. N? Commissior, Expires 06/26.! i ',3 C 7&64 erx - - xi, �F L ' °STATL'GF COLORADO ) ) ss n ' J COUNTY - PUEBLO ) The foregoing instrument was acknowledged before me this 28th day of August 2000 by Michael W. Stillman as President WITNESS our hands and seal this 14th day of August, 2000. PUEBL MUNIC PA CORPORATION (SEAL) '� By: � L� �-� � President of City Council City C rk STATE OF COLORADO ) ) ss COUNTY OF PUEBLO } The foregoing instrument was acknowledged before me this 14th day of August, 2000 by Corinne Koehler as President of the City Council and Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation. Witn My � e tA L. 3T' - .��c�.a�c�; © seal. .. inimission Expites: - s 4* �F S (SEAL) tary Public OF WATER WO OF PUEBLO, 2 1 1111111111111111111111111111111111111111111 111 11111111 1352783 10/04/2000 12:26P EASE Chris C. Munoz 3 of 9 R 45.00 D 0.00 Pueblo Cty Clerk & Ree and - Vera Ortegon as Secretary- Treasurer of the Board of Water Works of Pueblo, Colorado. Witness my hand and official seal. y C orrirnisi�n Expires - 9/13/01 no I TIM , NO off, - - a 3 Allangini & Associates Inc. 4718 N. Elizabeth St., Ste. A Pueblo, Colorado 81008 (719) 544 -0865 (719) 544 -0876 Fax 111111111111111111,11111111111111111111111111111 IS 1352783 10/04/2000 12.26P EASE Chris C. Munoz 4 of 9 R 45.00 D 0.00 Pueblo Cty Clerk & Rec WATERLINE EASEMENT Ari easement located within a portion of the E 1/2 of the SE 1/4 of Section 31, a portion of the S 1/2 of the NW 1/4, a portion of the N 1/2 of the SW 1/4, a portion of the N 1/2 of the SE 1/4 and a portion of the SE. 1/4 of the NE 1/4 of Section 32, a portion of the S 1/2 of the NW 1/4, a portion of the N 1/2 of the NW 1/4 and a portion of the N 1/2 of the NE 1/4 of Section 33 and a portion of the N 1/2 of Section 34, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows: A waterline easement being 50.00 feet in width, 25.00 feet on each side of the following described centerline: BEGUI NI1 G at a point on the west line of the said SW 1/4 of Section 32, from which . the C 1/4 corner of said Section 32 bears N 72 °43'24 "E (bearings based on the north -south centerline of said Section 32 from the said C 1/4 monumented with a No. 6 rebar, 30" long, with an aluminum cap P.L.S. No. 16128. to the SE corner of the said N 1/2 of the SW 1/4, monumented with a 30" x 2 1/2" aluminum monument P.L.S. No. 16128, assumed to bear S 01 °28'41 "E) a distance of 2742.95 feet; thence N 71 °47'54 "E a distance of 57.45 feet; thence N 01 °33'40 "W a distance of 243.65 feet; thence N 15 °40'39 "E a distance of 9.87 feet; thence along the arc of a non - tangent curve to the right whose center bears S 74 °18'52 "E, having a central angle of 44'30'17" and a radius of 1390.00 feet, a distance of 1079.68 feet; thence N 60 °11'26 "E a distance of 64.60 . feet; thence N 68 °50'36 "E a distance of 49.85 feet; thence along the are of a non - tangent curve to the right whose center bears S 21 °04'49 "E, having a central angle of 19 °49'21" and a radius of 1460.00 feet, a distance of 505.11 feet; thence N 88 °48'52 "E a distance of 457.11 feet; thence S 8797'13 "E a distance of 134.64 feet; thence S 45 °18'40 "E a distance of 767.28 feet; thence S 74 °59'58 "E a distance of 299.94 feet; thence S 87 °55'56 "E a distance of 338.22 feet; thence S 81 °47'27 "E a distance of 242.56 feet; thence S 78 0 24'01 "E a distance of 273.84 feet; thence N 77'29'1 F'E a distance of 196.86 feet; thence N 61 °19'24 "E a distance of 181.71 feet; thence N 47 °01'22 "E a distance of 297.02 feet; thence N 58 °12'28 "E a distance of 141.04 feet; thence N 51 °43' 13 "E a distance of 465.91 feet; thence N 46 °O1' 18 "E a distance of 393.70 feet; thence ITT 36 °24'34 "E a distance of 335.67 feet; thence N 48'21'16"E a distance of - 240.78 feet; thence N 54 °39'42 "E a distance of 284.46 feet; thence N 56 °40'03 "E a distance of 231.60 feet; thence N 62 °21'26 "E'a distance of 197.11 feet; thence EXHIBIT "A" Professional Engineers & Land Surveyors IIIIIIIIIIIIIIIII Ilillllllliillllllllillllllillilllllll 1352783 10/04/2000 12:26P EASE Chris C. Munoz 5 of 9 R 45.00 D 0.00 Pueblo Cty Clerk & Rec N 72 0 23'40 "E a distance of 218.19 feet; thence N 74 ° 31'41 "E a distance of 193.35 feet; thence N 36 °16'09 "E a distance of 187:42 feet; thence N 78 °30'47 "E a distance of 365.99 feet; thence S 80'45'14"E a distance of 138.18 feet;* thence S 82 °55'56 "E a distance of 123.68 feet; thence N 87 °23'48 "E a distance `of 208.34 feet; thence N 8':)'22'1' "E a distance of 184.63 feet; thence N 84 °43'56 "E a distance of 249.03 feet; thence N 83 °03'02 "E a distance of 312.64 feet; thence N 74 °13'29 "E a distance of. 133.84 feet; thence S 60 °59'41 "E a distance of 844.58 feet; , thence S 87 °40' 16 "E. a distance of 270.41 feet; thence N 84 °06'35 "E a distance of 3423.23 feet; thence. N 21 °44'56 "E a distance of 855.95 feet, more or less, to a point on the southerlyJine of that Board of Water Works Easement as described in that document filed for. record February 28, 2000 as Reception No. 1321629 in the records of the Pueblo County Clerk . and Recorder, said point also being the POINT OF TERMINUS. : It being understood that the sidelines of said easement extend or shorten as necessary to intersect the proceeding and following course and the sidelines of said easement. extend. or shorten as necessary to intersect the right of way line and easement lines that the POINT OF BEGINNING AND POINT OF TERMINUS are a part of.' This is to certify that a survey was made to prepare the description above.. This survey was conducted by me or under my responsible charge in.April 2000. This plat accurately. represents that survey to the best of my knowledge and belief. ROCKY: M AN G DA E PROFS� VEYOR NO. 16128 Professional Engineers & Land Surveyors Mangini & Associates Inc. 4718 N. Elizabetb St., Ste. A I ` Pueblo, Colorado 81008 I IIIIII illll IIIIO Illli Illli IIII16 III "I III IIIII IIII IIII .(719) 544 -0865 (719)544 -0876 Fax 1352783 10/04/2000 12:26P EASE Chris C. Munoz 6.of 9 R 45.00 D 0.00 Pueblo Cty Clerk & Rec TEMPORARY CONSTRUCTION EASEMENT An-easement located within a portion of the E 1/2 of the SE 1/4 of Section 31, a portion of the S 1/2 of the NW 1/4, a portion of the N 1/2 of the SW 1/4, a portion of the N 1/2 of the SE 1/4 and a portion of the SE 1/4 of the NE 1/4 of Section 32, a portion of the ' S 1/2 of the NW 1/4, a portion of the N 1/2 of the NW 1/4 and a portion of the N 1/2 of . the NE 1/4 of Section 33 and a portion of the N 1/2 of Section 34, Township 20 South, :. Range 65 West of the Sixth Principal Meridian, being more particularly described as follows: A temporary construction easement, for the purpose of constructing a waterline, being 100.00 feet in width, 50.00 feet on each side of the following described centerline: BEGINNING at a point on the west line of the said SW 1/4 of Section 32, from which the C 1/4 corner of said Section 32 bears N 72 °43'24 "E (bearings based on the north -south centerline of said Section 32 from the said C 1/4 monumented with a No. 6 rebar, 30" long, with an aluminum cap P.L.S. No. 16128 to the SE corner of the said N 1/2 of the SW 1/4, monumented with a 30" x 2 1/2" aluminum monument P.L.S. No. 16128, assumed to bear S 01 °28'41 "E) a distance of 2742.95 feet; thence N 71 °47'54 "E a distance of 57.45 feet; thence N 01°33'40 "W a distance of 243.65 feet; thence N 15 °40'39 "E a distance of 9.87 feet; thence along the arc of a non - tangent curve to the right whose center bears S 74° 18'52 "E, having a central angle of 44 °30' 17" and a radius of 1390.00 feet, a distance of'1079.68 feet; thence N 60 °11'26 "E a distance of 64.60 feet; thence N 68 °50'36 "E a distance of 49.85 feet; thence along the arc of a non - tangent curve to the right whose center bears S 21 °04'49 "E, havin a central angle of 19 °49'21" and a radius of 1460.00 feet, a distance of 505.11 feet; thence ITT 88 °48'52 "E a distance of 457.11 feet; thence S 87")7'13"E a distance of 134.64 feet; thence S 45 °18'40 "E a distance of 767.28 feet; thence S 74 °59'58 "E•a distance of 299.94 feet; thence S 87 °55'56 "E a distance of 338.22 feet; thence S 81 °47'27 "E a distance of 242.56 feet; thence S 78 °24'01 "E a distance of 273.84 feet; thence N 7729' 11 "E a distance of 196.86 feet; thence N 61 °19'24 "E a distance of 181.71 feet; thence N 47 °01'22 "E a distance of 297.02 feet; thence N 58'12'28"E a distance of 141.04 feet; thence N 51'4'3'1' "E a distance of 465.91 feet; thence N 46'01'1 8"E a distance of 393.70 feet; thence N 36 °24'34 "E a distance of 335.67 feet; thence N 48'21'16"E a distance of EXHIBIT "B" Professional Engineers & Land Surveyors 240.78 feet; thence N 54 °39'42 "E a distance of 284.46 feet; thence N 56 °40'03 "E a distance of 231.60 feet; thence N 62 °21'26 "E a distance of 197.11 feet; thence N 72 °23'40 "E a distance of 218.19 feet; thence N 74 °31'41 "E a distance of 193.35 feet; thence N 36'16'09"E a distance of 187.42 feet; thence N 78 °30'47 "E a distance of 365.99 feet; thence S 80 °45' 14 "E a distance of 138.18 feet; thence S 82 °55'56 "E a distance of 123.68 feet; thence N 87 °23'48 "E a distance of 208.34 feet; thence N 83 °22'13 "E a distance of 184.63 feet; thenceN 84 °43'56 "E a distance of 249.03 feet; thence N 83°03'02 "E a distance of 312.64 feet; thence N 74 °13'29 "E a distance of 133.84 feet; thence S 60 °59'41 "E a distance of.844.58 feet; thence S 87'40'16 E a distance of 270.41 feet; thence N 84 °06'35 "E a distance of 3423.23 feet; thence N 21 °44'56 "E a distance of 855.95 feet, more or less, to a point on the southerly line of that Board of Water Works Easement as described'in that document filed for record . February 28, 2000 as Reception No. 1321629 in the records of the Pueblo County Clerk. and Recorder, said point also being the POINT OF TERMINUS. It being understood that the sidelines of said easement extend or shorten as necessary to intersect the proceeding and following course and the sidelines of said easement extend or shorten as necessary to intersect the right of way line and easement lines that.the POINT OF BEGINNING AND POINT OF TERMINUS are a part of. This is to certify that a survey was made to prepare the description above. This survey was conducted by me or under my responsible charge in April 2000. This plat. accurately represerrrs %p the best of my knowledge and belief. STZ RQ Cl;; R DA E PRot SURVEYOR NO. 16128 o} 1352783 10/04/2000 12:26P EASE Chris C. Munoz 7 of 9 R 45.00 D 0.00 Pueblo Cty Clerk & Rec Professional Engineers & Land Surveyors 1111111111111111111111111111111111111i111111111 IIII IN 1352783 10/04/2000 12:26P EASE Chris C. Munoz. 8 of 9 R 45.00 D 0.00 Pueblo Ct.y Clerk & Rec Sequence The following outline lists portions of the Work that must be performed within specific timeframes. Contractor shall incorporate these limitations into the scheduling and performance of the Work. • Pueblo River Trail Marathon The annual Pueblo River Trail Marathon is scheduled to take place on October 8, 2000 and October 7, 2001. For both dates, all bike paths along the pipe alignment must be available during the entire day for pedestrian traffic, or temporary provisions must be made that are satisfactory to the Engineer. • Nature Center /Bike Trail Work from Pipeline Station 169 +00 through 182 +00. When performing work in this general area, Contractor must maintain at least one unobstructed access to the Nature Center Complex (i.e., restaurant, offices, restrooms, etc.) from 9:00 a.m. until 10:00 p.m. Also, this Work must be completed within the time period of January 2, 2001 through February 28, 2001 or January 2, 2002 through February 28, 2002. • Nature Center Work from Pipeline Station 163 +50 through 169 +00. When performing work in this general area, Contractor must maintain at least one unobstructed access to the Nature Center Complex (i.e., restaurant, offices, restrooms, etc.) from 9:00 a.m. until 10:00 p.m. In addition, Work in this area is further restricted to the time period of November 1, 2001 through February 28, 2002. At least one unrestricted lane access shall be provided to the private road west of the Nature Center at all times. • Private Road West of Nature Center Work from Pipeline Station 138 +00 through 163 +50 must be completed within a 30 consecutive calendar day time period between December 1, 2000 and February 28, 2001 or December 1, 2001 and February 28, 2002. The private road must be backfilled and compacted, with temporary surfacing installed and open for traffic to allow unrestricted passage of vehicles from 4:30 p.m. on Friday to 6:00 a.m. on Monday. • Tree Removal/Trimming Tree removal or trimming may only take place in the time period starting September 5, 2000 and ending no later than November 30, 2000 or starting September 4, 2001 and ending no later than November 30, 2001. Minor tree trimming may take place outside these time periods with prior approval of the Engineer. EXHIBIT "C" 111111 HIM 1111111111111111111111111111111111111111111111111 IN 1352783 10/04/2000 12:26P EASE Chris C. Munoz 9 of 9 R 45.00 D 0.00 Pueblo Cty Clerk & Rec Greenway and Nature Center of Pueblo Pueblo Board of Water Works Cost Estimates for Pipeline Project Revised Description Estimated Costs East side of parking lot: 1. 20 Cottonwoods ( @$500 each) $ 10,000 2. Soil replacement, re- sodding, irrigation systems $ 14,500 3. Replace five Memorial Gardens (3 @$5000 ea, 2 @ $1500 each) $ 18,000 4. Replacement of shrubs and smaller trees (50 @$100 each) $ 5,000 5. Replace split rail fence ($15/lineal foot x 150 feet) $ 2,250 6. Replace concrete trail (2500 sq. ft. x $2.50 sq. ft.) $ 6,250 West side of parking lot: 1. Move art sculpture $ 1,000 2. Replace split rail fence ($15 /lineal foot x 400 feet) $ 6,000 3. Replace concrete trail to cafe and brick inlay by septic system & asphalt trail to parking lot ($5 sq; ft. x 800 sq. ft) $ 4,000 4. Replace pavers by septic system ($10 /sq. ft. x 60 sq. ft.) $ 600 5. Rebuild and slope brim and replace rock edging on trails $ 5,000 6. Replace 25 mature trees (including 150+ year old one -seed Junipers) (25 @ $500 each) $ 12,500 7 Soil replacement, re- sodding, irrigation systems $ 14,500 8. Replacement of shrubs and smaller trees (50 @ $100 each) $ 5,000 Other 1. Asphalt replacement Main Parking Area per BOWW 5,342 Sub -Total Plus 20% Contingency $109,942 21 988 Grand Total $131,930 EXHIBIT "E" From 719 - 584 -0844 to 5430572 at 11/13/01 3:37 04 _ 004, IN fill] Ill111!111 Nil 111111111 111111111111IiII 9120 2352'►04 10/e4/2000 12:2V an Chris C. Muses ! of 4 R 29.90 D 0,00 Pueblo Cty Clark 3 Roe CONSTRUCTION EASEMENT �• THIS EASEMENT, made this 25th day of September, 2000, between Pueblo, a municipal corporation (-Grantor-), and Pueblo, a municipal corporation, for the use and benefit of the Board of Water Works of Pueblo, Colorado, pursuant to Article 15 of the Charter of Grantor, whose legal address is Pueblo, Colorado, County of Pueblo, State of Colorado ('Grantee'), its successors and assigns: WITNESSETH, Grantor has heretofore granted a 50 -foot wide easement to Grantee to construct, maintain, change, renew and operate a subsurface water main or water mains for the conveyance and carriage of water. In conjunction with said 50 -foot wide easement, Grantor desires to convey to Grantee a temporary construction easement 1 DO feet wide with the same centerline as the 50 foot wide easement to be in effect for the period of constriction of the water main referred to above. Grantor, for and in consideration of the sum of Ten Dollars and other valuable consideration, to the said Grantor in hand paid by the said Grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns, a temporary construction easement and right -of- -way 100 feet wide, situate, lying and being in the County of Pueblo and State of Colorado, described as follows: See Exhibit A attached and incorporated by reference. 1 From 719 - 584 -0844 to 5430572 at 11/13/01 3:37 PM 005, 1 111111 !fill IIfII Illlfl1111 Illu! Illfll 111!111! Ili! IYI 1352754 10/04/2000 12:2iP EASE Chris C. Muries 2 of 4 R 20.00 D 0.00 Puebla Cty Clark A Rao This easement may be used by Grantee, its employees and contractors, in aid of the construction of said water main. Grantee and its employees and contractors may clear the surface of such easement of any obstructions that Might interfere with the construction of the water main; may excavate within said construction easement; and may operate equipment upon said construction easement, and otherwise do those things useful and necessary to the construction of the water main, all however subject to the obligation of Grantee to restore, repair and replace all improvements, including without limitation trail systems, roads, parking areas and other improved areas disturbed or damaged by the Grantee or its agents, employees, contractors and subcontractors, as more particularly set forth in a separate agreement between Grantor and Grantee herein. TO HAVE AND TO HOLD said strip of land for so long as the same shall be used for the purposes aforesaid but said easement and right -of -way shall terminate in any event on the V day of June, 2002. This 100 -foot construction easement shall not be applicable to the property commonly referred to as the Nature Center, more particularly described on Grantee's construction drawings as Station 163 + 50 to Station 169 + 00, The Grantor covenants and agrees for itself, its successors and assigns, during the term of this easement not to erect any building or structure within the limits of said strip of land, and the Grantee, its successors and assigns, acting by and through said Board of Water Works of Pueblo, Colorado, shall have the right 2 From 719- 584 -0844 to 5430572. at 11/13/01 3:37 PM 111111III IN 11111 IN 11111111111 if III III IN 1352784 10/04/2000 12 :28P EASE Chris C. & mwx 3 of 4 R 20.80 0 0.00 Pueblo Ct Clerk & Roo to remove, at Grantee's expense, objects interfering with the construction, of said water main or water mains. The easement or right -of -way hereby granted is subject to the right of the Grantor, its successors and assigns, to pass over, across, along and upon said strip of land and otherwise use the surface thereof, provided such passage and use shall not be inconsistent or interfere with the use of said strip by the Grantee, its successors and assigns, acting by and through said Board of Water Works of Pueblo, Colorado, for the purposes aforesaid. To the extent legally permissible Grantee will indemnify and hold harmless the Grantor from any and all claims, expenses, liabilities, loss or damage to Property or injury to or death of persons, caused by or arising out of the construction, installation and maintenance of the water mains or the use of the easement hereby granted by Grantee, its employees, agents or contractors. WITNESS our hands and seal this 25th day of September, 2000. PUEI � c , B. `A STAT & COLORADO ) COUNTY OF PUEBLO ) ss MUNICIA CORPORATION �U �1 ��• , of City Council The foregoing instrument was acknowledged before me this 27 th day of September, 2000 by Corinne Koehler as President of the City Council and Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. 006, 3 From 719 - 584 -0844 . �`► y�� My C m6ssiw E'xpi;es Oa? lie .' BOARD OF WATER WORKS OF PUEBLO, COLORADO By: Tit President Attest: Title: _ Secretary— Treaaur STATE OF COLORADO ) )ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 29th day of September, 2000 by Michael W . st illma as Preside and Ve ra Ortegon Secretary- Treasurer of the Board of Water Works of Pueblo, Colorado. VYtness. my, hand and official seal. My ,cO mhti *S611 Expires: 9/13/2001 t to 5430572 at 11/13/01 3:37 PM 11111111111 pill 111111h 111191111! 1111111111111111 1161784 10/84/22 12.28P EASE CMJs C. Munn: 4 of 4 R 20.08 D 8.00 Pueblo Cty Clerk 8 Roe 00 .A 007, • f Mangini & Associates Inc. 4718 N. Elizabeth St., Ste. A Pueblo, Colorado 81008 I II�III I'Ill IIIII I�IIi IIIII IIII�! III'�I III 1llle 1111 Ill .(719) 544 -0865 (719) 544 -0876 Fax 1352783 10/04/2000 12:26P EASE Chris C. Munoz 6.of 9 R 45.00 D 0.00 Pueblo Cty Clerk & Rec TEMPORARY CONSTRUCTION EASEMENT An easement located within a portion of the E 1/2 of the SE 1/4 of Section 31, a portion of the S 1/2 of the NW 1/4, a portion of the N 1/2 of the SW 1/4, a portion of the N 1/2 of: the SE 1/4 and a portion of the SE 1/4 of the NE 1/4 of Section 32, a portion of the " S 1/2 of the NW 1/4, a portion of the N 1/2 of the NrW 1/4 and a portion of the N 1/2 of . the NE 1/4 of Section 33 and a portion of the N 1/2 of Section 34, Township 20 South, :. Range 65 West of the Sixth Principal Meridian, being more particularly described as follows: A temporary construction easement, for the purpose of constructing a waterline, being 100.00 feet in width, 50.00 feet on each side of the following described centerline: BEGINNING at a point on the west line of the said SW 1/4 of Section 32, from which the C 1/4 corner of said Section 32 bears N 72 °43'24 "E (bearings based on the north -south centerline of said Section 32 from the said C 1/4 monumented with a No. 6 rebar, 30" Iong, with an aluminum cap P.L.S. No. 16128 to the SE corner of the said N 1/2 of the SW 1/4, monumented with a 30" x 2 1/2" aluminum monument P.L.S. No. 16128, assumed to bear S 01 "28'41 "E) a distance of 2742.95 feet; thence N 71 °47'54 "E a distance of 57.45 feet; thence N 01 °33'40 "W a distance of 243.65 feet; thence N 15 °40'39 "E a distance of 9.87 feet; thence along the arc of a non - tangent curve to the right whose center bears S 74 °18'52 "E, having a central angle of 44"'30'17" and a radius of 1390.00 feet, a distance of'1079.68 feet; thence N 60 °11'26 "E a distance of 64.60 feet; thence N 68 °50'36 "E a distance of 49.85 feet; thence along the are of a non - tangent curve to the right whose center bears S 21 0 04'49 "E, having a central angle of 19 0 49'21" and a radius of 1460.00 feet, a distance of 505.11 feet; thence N 88 °48'52 "E a distance of 457.11 feet; thence S 87")7'13"E a distance of 134.64 feet; thence S 45 °18'40 "E a distance of 767.28 feet; thence S 74 °59'58 "E•a distance of 299.94 feet; thence S 87 °55'56 "E a distance of 338.22 feet; thence S 81 °4727 "E a distance of 242.56 feet; thence S 78 °24'01 "E a distance of 273.84 feet; thence N 77 °29' 11 "E a distance of 196.86 feet; thence ITT 61 °19'24 "E a distance of 181.71 feet; thence N 47 °01'22 "E a distance of 297.02 feet; thence N - 58° 12'28 "E a distance of 141.04 feet; thence N 51 °43' 13 "E a distance of 465.91 feet; thence N 46'01'18"E a distance of 393.70 feet; thence N 36 °24'34 "E a distance of')' 5.67 feet; thence N 48 °21' 16 "E a distance of EXHIBIT ' X ' Professional Engineers & Land Surveyors 240.78 feet; thence N 54°39'42 "E a distance of 284.46 feet; thence N 56 °40'03 "E a distance of 23 1. 60 feet; thence N 62 °21'26 "E a distance of 197.11 feet; thence N 72 °23'40 "E a distance of 218.19 feet; thence N 74 °31'41 "E a distance of 193.35 feet; thence N 36 °16'09 "E a distance of 187.42 feet; thence N 78 °30'47E a distance of 365.99 feet; thence S 80 °45' 14 "E a distance of 138.18 feet; thence S 82 °55'56 "E a. distance of 123.68 feet; thence N 87 °23'48 "E a distance of 208.34 feet; 'thence N 83 *22'13 "E a distance of 184.63 feet; thence N 84 °4356 "E a distance of 249.03 feet; . thence N 83 °03'02 "E a distance of 312.64 feet; thence N 74 °43'29 "E a distance of 133.84 feet; thence S 60 °59'41 "E a distance of.844.58 feet; thence S 87'40'16"E a distance of 270.41 feet; thence N 84 °06'35 "E a distance of 3423.23 feet; thence N 21 °44'56 "E a distance of 855.95 feet, more or less, to a point on the southerly line of that Board of Water Works Easement as described'in that document filed for record February 28, 2000 as Reception No 1321629 in the records of the Pueblo County Clerk. and Recorder, said point also being the POINT OF TERMINUS. It being understood that the sidelines of said easement extend or shorten as necessary to intersect the proceeding and following course and the sidelines of said easement extend or. shorten as necessary to intersect the right of way line and easement lines that the POINT OF BEGINNING AND POINT OF TERMINUS are a part of This is to certify that a survey was made to prepare the description above. This survey was conducted by me or under my responsible charge in April 2000. This plat. accurately Ye resepr t-suft to the best of my knowledge and belief. �.�STZ 9 5 SURVEYOR NO. 16128 1p / DA E • Iil�llllllllll[ 1�1111111111111111111�1L11l1i11111111111 1352783 10/04/2000 12:26P EASE Chris C. Munoz 7 of 9 R 45.00 D 0.00 Pueblo Cby Clerk & Rec Professional Engineers & Land Surveyors 11111111111111111111111111111111111111111111111 1111 IN 1352783 10/04/2000 12:26P EASE Chris C. Munoz. 8 of 9 R 45.00 D 0.00 Pueblo Ct.y Clerk & Ree Sequence The following outline lists portions of the Work that must be performed within specific timeframes. Contractor shall incorporate these limitations into the scheduling and performance of the Work. • Pueblo River Trail Marathon The annual Pueblo River Trail Marathon is scheduled to take place on October 8, 2000 and October 7, 2001. For both dates, all bike paths along the pipe alignment must be available during the entire day for pedestrian traffic, or temporary provisions must be made that are satisfactory to the Engineer. ® Nature Center /Bike Trail Work from Pipeline Station 169 +00 through 182 +00. When performing work in this general area, Contractor must maintain at least one unobstructed access to the Nature Center Complex (i.e., restaurant, offices, restrooms, etc.) from 9:00 a.m. until 10:00 p.m. Also, this Work must be completed within the time period of January 2, 2001 through February 28, 2001 or January 2, 2002 through February 28, 2002. • Nature Center Work from Pipeline Station 163 +50 through 169 +00. When performing work in this general area, Contractor must maintain at least one unobstructed access to the Nature Center Complex (i.e., restaurant, offices, restrooms, etc.) from 9:00 a.m. until 10:00 p.m. In addition, Work in this area is further restricted to the time period of November 1, 2001 through February 28, 2002. At least one unrestricted lane access shall be provided to the private road west of the Nature Center at all times. • Private Road West of Nature Center Work from Pipeline Station 138 +00 through 163 +50 must be completed within a 30 consecutive calendar day time period between December 1, 2000 and February 28, 2001 or December 1, 2001 and February 28, 2002. The private road must be backfilled and compacted, with temporary surfacing installed and open for traffic to allow unrestricted passage of vehicles from 4:30 p.m. on Friday to 6:00 a.m. on Monday. • Tree Removal/Trimming Tree removal or trimming may only take place in the time period starting September 5, 2000 and ending no later than November 30, 2000 or starting September 4, 2001 and ending no later than November 30, 2001. Minor tree trimming may take place outside these time periods with prior approval of the Engineer. EXHIBIT "C" 11111111111111111111111111111111111111111111111111111 1352783 10/04/2000 12:26P EASE Chris C. Munoz 9 of 9 R 45.00 D 0.00 Pueblo Cty Clerk & Ree Greenway and Nature Center of Pueblo Pueblo Board of Water Works Cost Estimates for Pipeline Project Revised Description - Estimated Costs East side of parking lot: 1. 20 Cottonwoods ( @$500 each) $ 10,000 2. Soil replacement, re- sodding, irrigation systems $ 14,500 3. Replace five Memorial Gardens (3 @$5000 ea, 2 @ $1500 each) $ 18,000 4. Replacement of shrubs and smaller trees (50 @$100 each) $ 5,000 5. Replace split rail fence ($15/lineal foot x 150 feet) $ 2,250 6. Replace concrete trail (2500 sq. ft. x $2.50 sq. ft.) $ 6,250 West side ofparking lot: 1. Move art sculpture $ 1,000 2. Replace split rail fence ($15 /lineal foot x 400 feet) $ 6,000 3. Replace concrete trail to cafe and brick inlay by septic system & asphalt trail to parking lot ($5 sq. ft. x 800 sq. ft) $ 4,000 4. Replace pavers by septic system ($10 /sq. ft. x 60 sq. ft.) $ 600 5. Rebuild and slope brim and replace rock edging on trails $ 5 6. Replace 25 mature trees (including 150+ year old one -seed Junipers) (25 @ $500 each) $ 12,500 7 Soil replacement, re- sodding, irrigation systems $ 14,500 8. Replacement of shrubs and smaller trees (50 @ $100 each) $ 5,000 Other 1. Asphalt replacement Main Parking Area per BOWW 5,342 Sub -Total $109,942 Plus 20% Contingency 21,988 Grand Total $131,930 EXHIBIT "E" SEPTEMBER 25, 2000 - CITY COUNCIL BACKGROUND MEMORANDUM RESOLUTION GRANTING A CONSTRUCTION EASEMENT TO THE BOARD OF WATER WORKS OF PUEBLO, COLORADO FOR CONSTRUCTION AND INSTALLATION OF SUBSURFACE WATER MAINS AND APPROVING AN AGREEMENT BETWEEN THE BOARD AND CITY The Resolution approves the granting of a one hundred (100) foot construction easement from the City to the Board of Water Works of Pueblo, Colorado ('Board of Water Works ") over City land for construction and installation of subsurface water mains by the Board of Water Works from the site of the Pueblo Dam to its treatment facilities. This Construction Easement is in conjunction with the easement previously approved by the City Council. The Agreement sets forth the Board of Water Works' obligation for damage or injury to improvements caused by the construction work and with respect to damages to the Nature Center stipulates what the amount of those damages will be.