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HomeMy WebLinkAbout09182RESOLUTION NO. 9182 A RESOLUTION APPROVING A CONSERVATION EASEMENT FROM THE CITY TO KEEP PUEBLO BEAUTIFUL, INCORPORATED, AND APPROVING THE MANAGEMENT PLAN FOR THE BIG HILL PROPERTY WHEREAS, the City has purchased 31.96 acres of land commonly known as the Big Hill property (the "Big Hill ") for use as "Open Space" using a grant from the State Board of the Great Outdoors Colorado Trust Fund ( "GOCO ") and City matching funds; and WHEREAS, as part of the LOCO grant, the City is required to issue a conservation easement on the property and develop a management plan protecting the property's conservation values; and WHEREAS, Keep Pueblo Beautiful, Incorporated, a local qualified non -profit land trust, has agreed to accept the conservation easement and monitor the property in accordance with the easement NOW, THEREFORE; BE IT RESOLVED BY THE CITY COUNCII OF PUEBLO, that: SECTION 1 The Conservation Easement to Keep Pueblo Beautiful, Incorporated for the open space property, commonly known as the Big Hill, a copy of which is attached hereto, having been approved by the City Attorney as to form, is hereby approved. SECTION 2 The Management Plan for the Big Hill Open Space property, a copy of which is attached hereto, is hereby approved. SE CTION 3 The President of City Council is hereby authorized to execute and deliver the Conservation Easement in the name of the City and to execute all other documents required therefor. The City Clerk is directed to affix the seal of the City to the Conservation Easement and attest same. SECTION 4. The sum of $2,000 is hereby appropriated out of the balance of the GOCO grant funds for transfer to Keep Pueblo Beautiful, Incorporated to establish the Stewardship Endowment Fund. SECTION 5. The resolution will become effective upon final passage. INTRODUCED: December 26, 2000 By: Al Gurule ouncilp r n APPROVED: President of the City Council ATTEST: ty Clerk Background Paper for Proposed Resolution AGENDA ITEM # DATE: December 26, 2000 DEPARTMENT: DEPARTMENT OF PLANNING AND DEVELOPMENT TITLE A RESOLUTION APPROVING A CONSERVATION EASEMENT FROM THE CITY TO KEEP PUEBLO BEAUTIFUL, INCORPORATED, AND APPROVING THE MANAGEMENT PLAN FOR THE BIG HILL PROPERTY ISSUE Should the City Council approve the granting of the Conservation Easement to Keep Pueblo Beautiful, Incorporated (Inc.) and approve the Management Plan for the Big Hill property? RECOMMENDATION Approval of this Resolution. BACKGROUND On June 22, 1999 the City received a $100,000 Great Outdoors Colorado "Open Space" grant for the purchase of the 31.96 acre parcel known as Big Hill. On September 25, 2000, City Council approved and closed on the purchase of the property from Mr. and Mrs. Courtright. As part of the Great Outdoors Colorado grant, the City is required to grant a Conservation Easement (attached) to a qualified land trust. The easement restricts all future development of the property and limits uses that would impact the property's conservation values in perpetuity. Keep Pueblo Beautiful, Inc., a local qualified non- profit land trust, has agreed to accept the easement. The Management Plan (attached) identifies the property to be used strictly for open space, with only minimal improvements such as, a fence around the property to prohibit vehicle access (except maintenance vehicles); interpretive signage; a small parking lot; and pedestrian trails. Keep Pueblo Beautiful, Inc. will inspect and monitor the property to verify that the requirements of the easement are being followed. FINANCIAL EMPACT Funds in the amount of $30,000 were appropriated in Account No. 260 - 9510- 600 -7010, Project No. PL9913, to match the $100,000 grant from Great Outdoors Colorado. Approximately $2,000 remains in the account after closing on the property. The City is obligated to provide the $2,000 to Keep Pueblo Beautiful, Inc. to establish a Stewardship Endowment fund for the Conservation Easement, which can only be used to fund monitoring and enforcement of the provisions of the Conservation Easement. Resolution 9182 1 IN 1363338 01/10/2001 10:02A D EASE Chris C. Munoz 1 of 14 R 70.00 D 0.00 Pueblo Cty Clerk 8 Roe DEED OF CONSERVATION EASEMENT BIG HILL OPEN SPACE PARCEL CITY OF PUEBLO NOTICE: THIS PROPERTY HAS BEEN ACQUIRED IN PART WITH A GRANT FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND. THIS DEED CONTAINS RESTRICTIONS ON THE USE AND DEVELOPMENT OF THE PROPERTY WHICH ARE INTENDED TO PROTECT ITS OPEN SPACE VALUES. THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND HAS FOUND THAT THE ADOPTION OF THESE DEED RESTRICTIONS IS IN THE PUBLIC INTEREST. THIS DEED OF CONSERVATION EASEMENT is granted on this 26th day of December, 2000 by the CITY OF PUEBLO, a municipal corporation, existing under the laws of the State of Colorado, having an address at 1 City Hall Place, Pueblo, CO 81003 ( "Grantor ") to Keep Pueblo Beautiful, Inc., a Colorado nonprofit corporation, having a mailing address of P.O. Box 1427, Pueblo, CO 81002 ( "Grantee "), for the purpose of forever conserving the open space character of the subject property. RECITALS: A. Grantor is the sole owner in fee simple of certain real property in Pueblo, Colorado consisting of 31.96 acres of land described as a parcel of land situated in the NWIA of the NWIA of Section 25- 20 -65W, more particularly described and depicted in Exhibit A attached hereto and incorporated herein by this reference (the "Property"). B. The Property is presently in a substantially undeveloped condition and as such possesses natural, wildlife habitat, scenic, community separator and open space values ( "Conservation Values ") of great importance to Grantor, the people of the City of Pueblo, and the people of the State of Colorado, which are worthy of preservation. C. The Property is a highly visible parcel and is the City's highest parcel of land (elevation 4,840 feet) within the City limits. From the top of the property there are spectacular views of the surrounding prairie, the Wet Mountains to the west, Pikes Peak to the north, and the Spanish Peaks to the south. The parcel is a significant generally undeveloped open space separator within the northwest quadrant of the City of Pueblo. This parcel, in combination with the nine acre open space parcel northwest of the Property and the undeveloped land within the Freed Middle School to the east, and the Pioneer Cemetery to the northeast creates a 160 acre open space separator between the North Pueblo, Fairmont Park, and Irving Place neighborhoods. The Property contains a relatively undisturbed prairie habitat, with an underground spring and small wetland complex that provides habitat and water for the area wildlife. D. The specific Conservation Values and other characteristics of the Property are documented in an inventory of relevant features of the Property, dated June 20, 2000, entitled "Conservation Easement Baseline Inventory: Big Hill Open Space Parcel" and incorporated by this reference ( "Baseline Documentation Report"), which consists of reports, maps, photographs, and other documentation. Both Grantor and Grantee acknowledge the Baseline Documentation Report to be complete and accurate as of 111111111111111111111111111111111111111111111111111111111111111 1385358 01/10/2001 10:02A D EASE Chris C. IN Munoz 2 of 14 R 70.00 D 0.00 Pueblo Cty Clerk 8 Roe the date of this Deed. A copy of the Baseline Documentation Report is on file with both the Grantor and Grantee. The Baseline Documentation is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant. E. Grantor intends that the Conservation Values of the Property be preserved and maintained by the continuation of land use patterns, including, without limitation, those relating to a public natural surfaced trail used for walking and access to the Property for environmental education activities, existing at the time of this grant, that do not significantly impair or interfere with those values. F. Grantor further intends, as owner of the Property, to convey to Grantee the right to preserve and protect the Conservation Values of the Property in perpetuity. To this end, Grantor has donated to Grantee $2,000 to be used as an endowment to cover the costs of monitoring the Property to ensure compliance with the provisions of this Deed of Conservation Easement (Monitoring Endowment Funds). Grantee will place the Monitoring Endowment Funds in its Stewardship Fund. The interest and /or other revenue generated by the Monitoring Endowment Funds will be used to offset Grantee's monitoring and enforcement costs, with the principal to remain intact, unless needed for an enforcement action on the Property. G. Grantee is a publicly supported, tax - exempt nonprofit organization, qualified under Sections 501(c)(3) and 170(h) of the Internal Revenue Code, whose primary purpose is the preservation, protection, and enhancement of land in its open space condition. H. Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the Conservation Values of the Property for the benefit of this generation and generations to come. NOW, THEREFORE, in consideration of the above and mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the State of Colorado, and in particular C.R.S. § 38- 30.5 -101, et. seq ., Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth ( "Easement "). 1. Purpose. It is the purpose of this Easement to assure that the Property will be maintained forever in its open space condition and to prevent any use of the Property that will significantly impair or interfere with the Conservation Values of the Property. Grantor intends this Easement will confine the use of the Property to such activities, including without limitation, those involving public recreation as are consistent with the purpose of this Easement, subject to the uses of the Property permitted hereunder. 2. Rights Conveyed. To accomplish the purpose of this Easement the following rights are conveyed to Grantee: a) To preserve and protect the Conservation Values of the Property; b) To enter upon the Property at reasonable times in order to monitor Grantor's compliance with and otherwise enforce the terms of this Easement; provided that such entry shall be 2 1 111111 11111 11111 1111111 1111 11111 111111 111 11111 1111 1111 1365338 01/10/2001 10:02A D EASE Chris C. Munoz 3 of 14 R 70.00 D 0.00 Pueblo Cory Clerk 8 Rae upon prior reasonable notice to Grantor, and Grantee shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property; and c) To prevent any activity on or use of the Property that is inconsistent with the purpose of this Easement and to require the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 3. Consistent Uses. The following uses and practices by Grantor, though not an exhaustive recital, are consistent with the Easement, so long as all such uses and practices are carried out in a manner consistent with the Management Plan, as periodically amended, as defined below: a) Passive Recreation Uses. Members of the general public may utilize the Property for passive non - motorized recreation uses deemed appropriate by Grantor including but not limited to walking, hiking, nature studies, and picnicking. Natural surface trails can be constructed on the Property. b) Trailhead Area. One trailhead area can be constructed and maintained on the property to provide public access to the Property. The trailhead is anticipated to be no greater than 10,000 square feet. It may include a parking area for motorized vehicles; informational signs /kiosks; trash containers; and a public restroom facility. The location of the trailhead is depicted in Exhibit B Site Map. Grantor shall notify Grantee prior to undertaking any construction of the trailhead in accordance with Paragraph 7 below. c) Fencing. Existing fences may be repaired, replaced or removed, and new fences may be built on the Property for public safety, property boundary marking, and natural resource protection purposes. Fencing, or other barricades including large boulders, may be placed on the perimeter of the trailhead areas and motorized ingress /egress routes to contain motorized vehicles. d) Si na e. Signs may be erected by Grantor on the Property visible from Montezuma Road, Francisco Street, Martin Street, and 7` Avenue to identify the Property to the general public. 4. Prohibited Uses. Any activity on or use of the Property inconsistent with the purpose of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses area expressly prohibited: a) Construction of Buildings and Other Structures. The construction or reconstruction of any building or other structure is prohibited, except for those structures described in paragraph 3 above. b) Removal of Vegetation. It is the intent of this Easement that the vegetation on the Property remain in a substantially natural condition. However, trees and shrubs may be cut to control insects and disease, to control invasive non - native species, to promote habitat and tree and shrub growth, and to prevent personal injury and property damage. 3 1385358 01/10/2001 10:02A D EASE Chris C. Munos 4 of 14 R 70.00 D 0.00 Pueblo C!y Clerk & Roe c) Storage of Trash or Other Materials. The dumping or uncontained accumulation of any kind of trash or refuse on the Property, in addition to the trash and refuse identified in the Baseline Inventory Report, is prohibited, not including those trash bins described in 3.b. above. d) Mining. The mining or extracting of soil, sand, gravel, rock, oil, natural gas, coal, fuel or any other mineral substance is prohibited. e) Roads, Paving. Subject to the provisions of paragraph 3.b. above and paragraph 6.a. below, no portion of the Property shall be paved or otherwise covered with concrete, asphalt, or any other paving material. No trails on the Property shall be paved. f) Signs. The placement or installation of signs is prohibited, except for those signs described in paragraph 3.d. above and signs installed on a temporary basis, not exceeding three days, for trail and nature study activities described in paragraph 3.a. above. g) Commercial or Industrial Uses. No commercial or industrial uses shall be allowed on the Property. h) Public Motorized Use. Motorized use by the public on the Property, except within the trailhead area and on Francisco Street following its construction north along the toe of the hillside to High Street, is prohibited. This clause does not limit the right of Grantor or the Grantee to use motorized vehicles on the Property for management and emergency purposes. i) Other Motorized Use. Grantor shall not authorize motorized access by adjacent private property owners across the Property to access their properties. j) Subdivision. Any division or subdivision of title to the Property, whether by physical or legal process, is prohibited. 5. Land Management Plan. The property shall be operated and managed in accordance with a land management plan prepared and accepted with the mutual consent of Grantor and Grantee, (the "Management Plan ") which conforms with the provisions of this Easement. Grantor has prepared a Management Plan titled "Big Hill Open Space Parcel Management Plan ", approved on December 18, 2000 by the City of Pueblo City Council which Grantee has reviewed and has found to conform with the provisions of this Easement. The Management Plan shall be updated no less frequently than every five years. Grantor shall notify Grantee prior to undertaking any amendments, revisions, or updates to the Management Plan. Grantor shall provide Grantee with copies of any proposed changes to the Management Plan. Grantor shall also provide Grantee a final draft version of any proposed changes to the Management Plan prior to formal adoption by Grantor. The purpose of such notifications is to afford Grantee the opportunity to ensure the proposed changes to the Management Plan conform with the provisions of this Easement. Grantee shall provide written comments to Grantor after it has reviewed the proposed changes to the Management Plan. These comments should reflect Grantee's opinion as to the conformity of the proposed changes to the provisions of this Easement. 4 1 111111 Itlll IIIII 1111111 IIII IIIII 111111 Ill lilll Till IIII 1365358 01/10/2001 10:02A D EASE Chris C. Hum 5 of 14 R 70.00 D 0.00 Pueblo Cty Clerk & Roe 6. Reserved Rights. Grantor intends that this Conservation Easement shall confine the use of Grantor's Land to the preservation of open space, the extension of Francisco Street along the toe of the hillside to High Street, the construction of one trailhead parking area that shall not exceed 10,000 square feet in size and passive recreational uses including, but not limited to, non - motorized trail uses and nature study. The following uses and practices, though not an exhaustive recital of consistent uses and practices, are consistent with this Conservation Easement, and these practices are not to be precluded, prevented or limited by this Conservation Easement, as interpreted in the context of historical uses as above mentioned: A. To construct a maximum of one road and fences as may be necessary or desirable to gain access from Francisco Street to High Street along the western toe of the hillside, under the terms and conditions contained herein. The intended location of the road is shown on Exhibit B, Site Map. The exact location of said roadway will be selected by Grantor, at which time Grantor will provide Grantee with an exact legal description of such roadway; provided, however, the location of the roadway will not result in the degradation of any land or surface waters so as to have demonstrable detrimental effect upon wildlife, their natural habitat or upon the natural ecosystem and their processes. The intended location of the future public road is also depicted in the Management Plan. Grantor shall notify Grantee and the State Board of the Great Outdoors Colorado Trust Fund ( "the Board ") prior to undertaking any construction of the road in accordance with Paragraph 7 below. While it is a specifically reserved right, construction of such road may result in the Board seeking a remedy of reimbursement of a portion of grant made to support this open space acquisition pursuant to the terms of the Grant Agreement. Grantor shall receive the Board's approval prior to beginning construction of the road. Such approval shall be conditioned upon satisfaction of any necessary reimbursement. B. To construct a maximum of one trailhead parking area, under the terms and conditions contained herein. The size of the trailhead parking area and related facilities as described in section 3.b shall not exceed 10,000 square feet. The intended location of the trailhead area is depicted in Exhibit B, Site Map. The exact location of said trailhead parking area will be selected by Grantor, at which time Grantor will provide Grantee with an exact location of such trailhead parking area; provided, however, the location of the trailhead parking area will not result in the degradation of any land or surface waters so as to have demonstrable detrimental effect upon wildlife, their natural habitat or upon the natural ecosystem and their processes. The location of the future trailhead parking area is depicted in the Management Plan. Grantor shall notify Grantee prior to undertaking any construction of the trailhead parking area in accordance with Paragraph 7 below. 7. Notice of Intention to Undertake Certain Permitted Actions. The purpose of requiring Grantor to notify Grantee prior to undertaking certain permitted activities is to afford Grantee an opportunity to review that the activities in question are designed and carried out in a manner consistent with the purpose of this Easement. Whenever notice is required, Grantor shall notify Grantee in writing not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purpose of this Easement. Ililll Iilii IIIII 1111111 ���� 11111111111111111111111 IN 1365358 01/10/2001 10:02A D EASE Chris C. Munoz 6 of 14 R 70.00 D 0.00 Pueblo Cty Clerk & Rae 8. Responsibilities of Grantor and Grantee Not Affected. Other than as specified herein, this Deed is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any existing obligation of Grantor as owner of the Property. Among other things, Grantor shall continue to be solely responsible for the upkeep and maintenance of Property, to the extent it may be required by law. Grantee shall have no obligation for the upkeep or maintenance of the Property. 9. Enforcement. Grantee shall have the right to prevent and correct or require correction of violations of the terms and purposes of this Easement. With reasonable advance notice to Grantor, Grantee may enter the Property for the purpose of inspecting for violations. If Grantee finds what it believes is a violation, Grantee shall immediately notify Grantor and the Board in writing of the nature of the alleged violation. Upon receipt of this written notice, Grantor shall either (a) restore the Property to its condition prior to the violation or (b) provide a written explanation to Grantee of the reason why the alleged violation should be permitted. If the condition described in clause (b) above occurs, both parties agree to meet as soon as possible to resolve this difference. If a resolution of this difference cannot be achieved at the meeting, both parties agree to meet with a mutually acceptable mediator to attempt to resolve the dispute. When, in Grantee's opinion, an ongoing or imminent violation could irreversibly diminish or impair the Conservation Values of the Property, Grantee may, at its discretion, take appropriate legal action. Grantor shall discontinue any activity, which could increase or expand the alleged violation during the mediation process. Should mediation fail to resolve the dispute, Grantee may, at its discretion, take appropriate legal action. If a court with jurisdiction determines that a violation is imminent, exists, or has occurred, Grantee may get an injunction to stop it, temporarily or permanently. A court may also issue an injunction to require Grantor to restore the Property to its condition prior to the violation. 10. Costs of Enforcement Any costs incurred by Grantee in enforcing the terms of this Easement against Grantor, including, without limitation, costs of suit and attorney's fees, and any costs of restoration necessitated by Grantor's violation of the terms of this Easement shall be borne by Grantor. If Grantor prevails in any action to enforce the terms of this Easement, Grantor's cost of suit, including, without limitation, attorney's fees, shall be borne by Grantee. 11. Grantee's Discretion Enforcement of the terms of this Easement shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 12. Waiver of Certain Defenses. Grantor hereby waives any defense of laches, estoppel, or prescription. 2 1365358 01/10/2001 10:02A D EASE Chris C. Munoz 13. Acts Beyond Grantor's Control. 7 of 14 R 70.00 D 0.00 Pueblo Cf.y Clerk & Roo Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Conservation Values of the Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, earth movement, vandalism which shall not include illegal dumping by a third party, acts of God or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property or the public resulting from such causes. Grantee may compel Grantor to clean up illegally dumped items from the Property. 14. Access. The general public shall be authorized to access the property for non - motorized uses, except within one designated trailhead parking area and one designated road connecting between Francisco Street and High Street. 15. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate comprehensive general liability insurance coverage. Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor. 16. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and its members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively "Indemnified Parties ") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorney's fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties; (2) the obligations specified in paragraph 10; and (3) the presence or release of hazardous or toxic substances on, under or about the Property. For the purpose of this paragraph, hazardous or toxic substances shall mean any hazardous or toxic substance which is regulated under any federal, state or local law. 17. Extinguishment. If circumstances arise in the future such as render the purpose of this Easement impossible to accomplish, this Easement can be terminated or extinguished, whether in whole or in part, by only judicial proceedings in a court of competent jurisdiction. Each party shall promptly notify the other when it first learns of such circumstances, and shall, in addition, notify the State Board of the Great Outdoors Colorado Trust Fund of such circumstances. In the event of condemnation or termination, Grantee shall not be entitled to receive any of the net proceeds. The Board shall be entitled to receive 64% percent of the net proceeds of condemnation or sale of the Property. 7 1365338 01/10/2001 10:02A D EASE Chris C. Munoz 18. Proceeds. 8 of 14 R 70.00 D 0.00 Pueblo Cty Clerk 8 Roe This easement constitutes a real property interest immediately vested in Grantee, which the parties stipulate to have a fair market value determined by multiplying the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of deduction for the value of the Easement, at the time of this grant. For the purposes of this paragraph, the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant. 19. Condemnation. If the Easement is taken, in whole or in part, by exercise of the power of eminent domain, Grantee shall be entitled to compensation in accordance with applicable law. The Board shall be entitled to compensation from Grantee in an amount as determined in accordance with paragraph 17 above. 20. Assignment. This Easement is transferable, but Grantee may assign its rights and obligations under this Easement only to an organization that is (a) a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code of 1954, as amended (or any successor provision then applicable), and the applicable regulations promulgated thereunder, (b) authorized to acquire and hold conservation easements under Colorado law, and (c) approved as a transferee by the State Board of the Great Outdoors Colorado Trust Fund and Grantor. As a condition of such transfer, the deed or any other legal instrument by which Grantee transfers its rights and obligations herein shall require that the conservation purposes that this grant is intended to advance continue to be carried out. In no event shall this requirement be interpreted to obligate Grantee to guarantee or assure that the transferee meet Grantee's obligations as stated in this Easement. Any transfer allowed herein shall release Grantee from all liability pursuant to this Easement arising after such transfer. The Board shall have the right to require Grantee to assign its rights and obligations under this Easement to a different organization if Grantee ceases to exist or for any reason fails or refuses to enforce the terms and provisions of this Easement. 21. Subsequent Transfers Grantor agrees to incorporate the terms of this Easement in any deed or other legal instrument by which they divest themselves of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to Grantee of the transfer of any interest at least twenty (20) days prior to the date of such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability in any way. In the event the Property is transferred to a non - governmental entity, the subsequent Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "taxes "), including any taxes imposed upon, or incurred as a result of, this Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. 1111111 HIM 111111111111111111111111111111 HIM 11111111 1365358 01/10/2001 10:02A D EASE Chris C. Muno: 22. Notices. 9 of 14 R 70.00 D 0.00 Pueblo C!y Clerk & Rae Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be n writing and either served personally of sent by first class mail, postage prepaid, addressed as follows: To the Grantor: City of Pueblo Planning & Development Department 211 East D Street Pueblo, CO 81003 City of Pueblo Attorney's Office 1 City Hall Place Pueblo, CO 81003 To the Grantee: Keep Pueblo Beautiful, Inc. P.O. Box 2160 Pueblo, CO 81005 To the Board: Executive Director State Board of the Great Outdoors Colorado Trust Fund 1600 Broadway, Suite 1650 Denver, CO 80202 or to such address as either party from time to time shall designate by written notice to the other. 23. Recordation. Grantor shall record this instrument in timely fashion in the official records of Pueblo County, and Grantee may re- record it at any time as may be required to preserve its rights in this Easement. 24. General Provisions. A. Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of Colorado. B. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the purpose of this Easement and the policy and purpose of C.R.S. _ 38- 30.5 -101. Et seq. If any provision in this instrument is found to be ambiguous, an E 1365358 01/10/2001 10:02A D EASE Chris C. Muno: 10 of 14 R 70.00 D 0.00 Pueblo Cty Clerk 6 Rae interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. C. Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. D. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easement, all of which are merged herein. E. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. F. Joint Obligation. The obligations imposed by this Easement upon Grantor shall be joint and several. G. Non - Merger. No merger shall be deemed to have occurred hereunder or under any document executed in the future affecting this Deed of Conservation Easement, unless the parties expressly state that they intend a merger of estates or interests to occur and the parties have also obtained the prior written consent of the Board approving such merger of estates or interests. H. Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. I. Termination of Rights and Obligations. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in the Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. J. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 10 I 111111 HIM 11111111111111111111111111111111111111 HIM III IN 1365358 01/10/2001 10:02A D EASE Chris C. Muno: K Amendment. 11 of 14 R 70.00 D 0.00 Pueblo Cty Clerk 8 Rec If the circumstances arise under which an amendment to or modification of this instrument would be appropriate, Grantor and Grantee are free to jointly amend this instrument; provided that no amendment shall be allowed that will affect the qualifications of this instrument under any applicable laws; and provided, further, that the prior written approval of the Board shall be required. Any amendment must be consistent with the conservation purposes of this instrument and may not affect its perpetual duration. Any amendment must be in writing, signed by both parties and the Board, and recorded in the records of the Pueblo County Clerk & Recorder. L. Termination of the Board. In the event that Article XXVII of the Colorado Constitution, which established the State Board of the Great Outdoors Colorado Trust Fund, is amended or repealed to terminate the Board or merge the Board into another entity, the rights and obligations of the Board hereunder shall be assigned to and assumed by such other entity as provided by law, but in the absence of such direction, by the Colorado Department of Natural Resources or its successor. M. Governmental Immunity. Grantor does not intend to waive by any provision of this Deed the monetary limitation or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq. C.R.S., as amended. N. Venue. Pueblo, County, Colorado shall be the only appropriate venue for any action or dispute arising form this Deed. O. Third Parties. This Deed does not, and shall not be deemed to confer upon any third party any right to claim damages or to bring suit, or other proceeding against either party because of any term contained herein. 25. Acceptance. Grantee hereby accepts without reservation the rights and responsibilities conveyed by this Deed of Conservation Easement. TO HAVE AND TO HOLD, this Deed of Conservation Easement unto Grantee, its successors and assigns, forever. 11 11111111111111111 111111 111 IN 1365358 01/10/200:. 10:02A D EASE Chris C. Munoz 12 of 14 R 70.00 D 0.00 Pueblo Cty Clerk & Roo IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have set their hands on the date first written above. APPROVED AS TO FORM: City Atto ey ACCEPTED: STATE OF COLORADO County of Pueblo 'CIA By.; .'`-erinne Koehler, President of the Council KEEP PUEBLO BEAUTIFUL, INC., a Colorado Nonprofit Corporation By: Gary Shaufler, Presi ent The f egoing instrument was ackyowledged before me this day of 1? , 2000, by My commission expires Witness my hand and official seal. c ). AY - ,�, PU3 .iC c _ •C'� 12 Am � k N ota ry 1349451 09/11/2000 04.17P HD Chrls C. &MZ , 2 of 2 R 10.00 D 0.00 Puebla Ct,y Clerk 3 Rso "EXHIBIT A Legal Dsserjption: Parcel A: ' certain parcel of land situate in the NW 1/4 -of the NW 1/4, of Section 25, Township-20 South, Range 65.-West of the 6th P.M., County of.Pueblo, State of Colorado more particularly•described as followd:' .Begirining•at the Northwest corner of said .-Section 25, thence East along the North line of the said NW 1/4 of the NW 1/4 of Section •25, a distance of 1,337.77 feet, more or less,.to the Northeast porner of said NW 1/4 of the NW 1/4 of Section 25; thence South albn4 the Easterly line of said 1 /4'of the NW 114 a distance of 773.50 feet; { . thence Westerly, parallel with the South of the said NW 1/4 of the NW 1/4 a distance of 250.00 feet ; - thenbe Southerly,. %parallel with the said East line 'of the said NW .1/4 of -the- NW 1 /4,a distance of 322:30 feet, ee more or less, to a point which is'209:7 ft North of the south line;.. t Westerly, parallel with 208.70 feet Northerly-of the South line of the said NW 1/4 of the NW 1/4 a distance of 417.40 feet thence South 208.70 feet to the South'line of the. NW 1/4 of the NW 1/4; thence Westerly along the said south line a distance of 278.70 feet; • thence Northerly and parallel with the West line of said Section a distance' of 220.00.. feet; thence Westerly and parallel with the said South line a distance of 278.70 'test; thence Southerly, parallel with the West line o! the said NW 114 of the NW 1/4 a distance 191.00 feet; thence Westerly, parallel with the South line of the said NW 1/4 of the NW 1/4; a distance of 55.00 feet; thence Southerly, parallel with the West line of the said NW 1/4 of the NW 1/4, a distance of 29.00 feat, more or.less, to the South line of the said NW 1/4 of the NW 1/4; thence Westerly along the said South line of the said NW 1/4 of the NW 1/4 a distance of 54.90 feet,. more or less, to the .Southwest corner of the *said NW 1/4 of the NW 1/4 a. distance of 1297.20 feet, more or less, to the Northwest corner of the said Section 15, the Point of Beginning,' EXCEPT that *portion designated as Montezuma Road along the Easterly line of subject property, AND FURTHER EXCEPTING that portion deeded.to the'City of Pueblo, a. Municipal Corporation recorded April 14,.•1989 in Book 2442 at Page 527, AND FURTHER EXCEPTING that portion platted as Lot 1, Block'i, Lighthouse Baptist Church subdivision, Filing No. 1 Parcel B: Vacated Lighthouse Baptist Church•Subdivision,'Filing No. 1, described as: A tract of land located in a part of Section 25, Township 20 South, Range 65 West of the 6th P.M., County of Pueblo, State Of Colorado; begin more- particularly described as Beginning at the NW corner of Section 25, thence N 89 deg. 29 min. 11 sec. E along the north line of said Section 25,•a distance of 392.56 feet•to the POINT OF BEGINNING; - thence Continuing along said north line, N 89 deg. 29 min. 11 sec. E said line also being the south line of Starview Subdivision Filing No. 1, a distance of :569.82 feet; thence S 00 deg. 00 min. 00 sec. W,. a distance of 772.03 feet; thence S 89 deg. 29 min. 11 . sec. W, a distance of 569.82 feet; thence N 00'deg. 00 min. 00, sec. E, a distance of 772.03 feet to the POINT OF BEGINNING, EXCEPT that portion platted as Moonlight Subdivision all in the County of Pueblo, State of Colorado 11111111111111111 MIN 111111111111111111 HIM III IN 1365358 01/10/2001 10:02A D EASE Chris C. Munoz 13 of 14 R 70.00 0 0.00 Pueblo Cty Clerk & Roe Exhibit B I I I Big Hill Open Space Parcel I � [I 4 L q Site Ma ', P , NOTE: 9 acre parcel not included as part of conservation easement Colon State I Pioneer Cemetery /"S -1 - a ° Location of Trailhead �Parinng Area Freed S-1 Middle School BOUNDARY LEGEND (_ Trail ................. Concrete Pad Improved Trail Iorri ST AREA MAP BIG HILL prepared by The City of Pueblo Planning Department A OPEN SPACE PARCEL show " So o ft W. 1 ^a , Ated 8 -15-00 I Illlll VIII VIII Illllll llll (I'll llllll III VIII' III I'll 1363358 01/10/2001 10:02A D EASE Chris C. Munoz 14 of 14 R 70.00 D 0.00 Pueblo Cty Clerk 8 Rec CITY OF PUEBLO PLANNING & DEVELOPMENT DEPARTMENT BIG HILL OPEN SPACE PARCEL MANAGEMENT PLAN Approved on December 26, 2000 by the City Council of the City of Pueblo The Big Hill Open Space Parcel was acquired by the City of Pueblo to preserve the area that is the highest elevation point within the City limits of Pueblo that contains shortgrass prairie vegetation, an exposed cretaceous limestone bluff, a natural spring that provides vegetation and habitat for wildlife. The top of Big Hill provides a panoramic view of the City. The areas adjacent to Big Hill have a generally undisturbed view of the hill from neighborhoods and roadways. The property provides the opportunity for a trail to be constructed from the base of the hill along Montezuma Road to an overlook at the top of the hill. The parcel is located along the side west of Montezuma Road between the Kona Kai Apartments and the Montezuma Apartments. The Pioneer Cemetery and Freed Middle School are adjacent to the property on the east side of Montezuma Road. The parcel extends to the base of the hill along the south side of the property. Single - family residential homes border the south edge of the southern boundary. The western boundary of the property borders Colorado State Hospital land. The northwest corner of the property borders a 9- acre open space parcel that was donated to the City. The remainder of the north boundary includes one single - family residence and the transmission facilities for KOAA TV. A radio transmission tower was removed from the property prior to the acquisition of the property by the City of Pueblo. Conservation Values Found On The Property The Big Hill Open Space Parcel contains the remains of a section of the short grass prairie that is located on a mesa above and north of the Arkansas River riparian area. The property contains a combination of generally undisturbed and disturbed short grass prairie habitat, a cretaceous age limestone bluff is exposed along the eastern face of the hill, and a spring feeds a wetland habitat area at the base of the limestone bluff. The spring and wetland area provides the water supply and habitat for many of the parcel's wildlife. An inventory of the habitat will be completed during 2000 to determine the wildlife species that are likely to utilize the property. The inventory will identify the vertebrate and invertebrate species, and natural communities that are found within the parcel. A list of rare, threatened, and endangered species and significant natural communities known from Pueblo County is provided as Attachment 1 to this management plan. Existing Uses and Site Condition While the property contains the remains of an important short-grass prairie ecosystem, the parcels north and northwest of the property have a series of social trails and roads that are currently being used by ATV's and dirt bikes. Through the acquisition of the property, the access points for motorized uses will be able to be controlled and the motorized uses will be eliminated. The motorized uses have resulted in the establishment of a series of social roads and trails that have disturbed the vegetated short-grass prairie in some areas. The number of social trails and roads along the west side of the hill have caused some erosion of the area. In addition, there has been the dumping of trash and debris on the property adjacent to Montezuma Road and along the west side of the hill adjacent to State Hospital property. Prior to the acquisition of the property, the illegally dumped debris on the property was removed and properly disposed of by the City Health and Public Works Departments. The management guidelines and regulations will focus on eliminating motorized uses on the property. Section 10 -1 -16 Motorized vehicles prohibited in certain areas of the City Charter will be enforced to control the access points and eliminate motorized uses on the properties. Section 10 -1 -17 Unlawful disposal of &ter of the City Charter will be enforced to eliminate further dumping of trash and debris. Guidelines For Site Improvements The City has expressed a desire to manage the area as "open space" with minimal passive recreational uses allowed. This management plan will better define the types of uses allowed on the property. The Big Hill Management Plan does not include developing the open space areas as a "park" in the usual sense of having ballfields, park shelters, or barbecue pits. The most highly - developed recreation facility is envisioned to be an interpretive nature trail, a trailhead access, a parking area, and possibly benches and a picnic table. Access will be limited to controlled sites adjacent to Montezuma Road to the east and Francisco Street to the south via trail heads and interpretive trails Improvements proposed for the Big Hill Open Space Parcel include the following. 1. Improvement of a 3' wide by approximately 1/2 -half mile long nature trail from Montezuma Road that borders the north side of the drainage to the top of the hill and loops back down the hill along the south side of the drainage. The location of the future trail improvement is shown on Attachment 2 — Big Hill Management Plan Map. 2. Improvement of a 3' wide by approximately 1 /2 -half mile long nature trail from Francisco Street. The location of the future trail improvement is shown on Attachment 2 — Big Hill Management Plan Map. 3. Improvement of a trailhead parking area, not to exceed 10,000' square feet, adjacent to Montazuma Road. The location of the future trailhead parking area is shown on Attachment 2 — Big Hill Management Plan Map. 4. Trail portal signs for information and regulations at the point where the trail connects to roadway access points. Information and directional signs may be installed along the trails. 5. Sign indicating that Great Outdoors Colorado assisted in the purchase of the property to be located in conjunction with the portal sign. 2 6. Trash receptacles, if needed to keep trash and litter from accumulating on the property. 7. Property boundary markers. A drawing showing the existing trails, property boundary, location of the entrances, signs and trail improvements is included as Attachment 2 to this plan. Guidelines for Management ment The management guidelines for the Big Hill Open Space Parcel are proposed to ensure permanent protection of the conservation values on the parcels that total 31.96 acres. As a requirement of the Great Outdoors Colorado grant that is paying for a portion of the acquisition costs, the City of Pueblo will dedicate a third -party conservation easement to Keep Pueblo Beautiful, Inc. (formerly Pueblo Beautiful, Inc.), a qualified land trust. The purpose of the conservation easement is to permanently protect and ensure proper management of the property to preserve the conservation values. The conservation easement will contain a clause that will require annual monitoring of the property to ensure the protection of the conservation values of the Big Hill Open Space Parcel, prevent uses and activities inconsistent with the conservation values, and discover any potential problems at an early stage before the conservation values are diminished. The property will be managed by the City of Pueblo Parks Department. The City of Pueblo has adopted regulations for all park and open space areas that will apply to the Big Hill Open Space Parcel. The following paragraphs address more specific management strategies that are recommended to prevent uses and activities that are inconsistent with protection of the property's conservation values. DEGRADATION OF VEGETATION AND MANMADE OBJECTS The management guidelines and regulations shall not permit the collecting, removing, destroying, or defacing of any natural or manmade objects on the Big Hill Open Space Parcel. IMPACTS ON ANIMAL COMMUNITIES /PROTECTION OF WILDLIFE HABITAT The management guidelines and regulations shall prohibit hunting, harassing, disturbing, trapping or killing of wildlife. PARKING Vehicles shall be permitted to be parked along Montezuma Road to access the trail. SANITATION Since improvements are not proposed for a picnic area, it is recommended that initially visitors follow a "pack it in, pack it out" policy. The City will review this guideline to determine if trash receptacles are needed. The management guidelines and regulations shall prohibit to dumping of any materials, debris, or trash on the Big Hill Open Space Parcel. The City will need to review the need for providing trash receptacles and sanitation facilities near the 3 trailhead on Montezuma Road. Current funding is not available for portable sanitation facilities or compost units. ALLOWED RECREATION USES The following passive recreational uses could be accommodated on this Open Space property without impacting the resource qualities of the property: hiking, jogging, picnicking, and scenic viewing. Other passive recreation uses could also be considered that did not impact the natural resource qualities of the area. MOTORIZED VEHICLES, ATV'S, DIRT BIKES Motorized vehicles including four-wheel drive vehicles, ATVs, dirt bikes, and snowmobiles shall not be permitted on trails or roads within the Big Hill Open Space Parcel acquired through the GOCO open space grant. VISITIOR CONFLICTS The discharging of firearms, crossbows, fireworks, or projectile weapons of any kind shall not be permitted on the property. In addition users will be required to respect property lines. The City of Pueblo will make every attempt to identify and mark the boundaries of the property. CAMPING Camping shall not be permitted on the Big Hill Open Space Parcel. CAMPFIRES The building of ground fires or collecting of firewood shall not be permitted. PICNICKING Picnicking will be allowed on the property in all areas that are not closed due to environmental resource concerns or in areas that are designated as off - limits. If the property is impacted by picnicking, the City should consider the designation of an area where picnicking is permitted. Management Plan Approval and Amendment Process The management plan for the Big Hill Open Space Parcel will be approved by the City Council of the City of Pueblo. The management plan shall be reviewed every five years and any proposed amendments to the management plan shall be reviewed by Keep Pueblo Beautiful, Inc. or the holder of the conservation easement at the time, prior to review by City Council. Amendments to the management plan shall continue to preserve or strengthen the conservation values found on the property. 4 Attachment 1 RARE, THREATE :7ED, A:7D ENDANGERED SPECIES AYD SIGNIFICANT NA CCMMUNITIES )CIOWN FROM PAGE 1 PUEBLO cou"ITY DATA PROVIDED BY COLORA:O NATURAL HERITAGE PRCGRA.Y 02 JUL 1995 SCIE:7TIFIC CC ^!0N GLOBAL S': ATE FEDERAL STATE FEDERAL NAME NA.s RANK RA:7X STATE'S STATUS SE:7SITIV3 •• Animals: Vertebrate ••• Birds BL:EO REGALIS FERRUGINOUS RAWX G4 S33,S5Y SC FS S : IU - .ZUS AUROCA ?ILLUS OVEN3IRD G5 S23 S:AL:A SIALIS EAST- BLUEBIRD GS S23, S2:1 STRIX OCCIDE:N'CALIS LUC :DA �CXiCA:f SPOTTED OWL 03T3 S13 L' ... Fi ETHEOSTCMA CRAGINI ARGIYSAS DARTER G3 S2 C FS PHOXIYUS ERYTHROGASTER SCUT4nR.Y RED3ELLY DACE GS S1 SC FS ••• Reptiles SISTRORUS CATENATUS MASSASAUGA G3G4 S2 THx%No ?HIS CYRTOPSIS BLACY.YECY GARTER SNA:C GS S3 •• Natural Cotr=unitles ••• Natural Communities A.?T:}(IS_IA BIGEL0VII /cRYZOP5:5 ?LA =YS ESCARPME:N - r PRAIRIES G3Q S3? e'er : :O :D.S ,L ::�= S :OLIE SREA:LS) FRAN�e 7iA JA.N= SII /C?.YZ3 ?S:S GU SU 'r :^LEYOID:S JL'NI?ERUS GU S? GRAC:LIS ?FUSE SFI ?A WCODL4:7DS ?,a^.M= XICA27A S': ?A \sONE:<ICA)iA GRZA7 PLAINS M.:XT-D G?15S G2 S3 H :;LYNA :US':ED SX: ? ?E:? G;G5 -_ ••• Mc;_�s :c3 •• ?:anZ3: Va3_1:i: G•- OST -= C•? _ ?nD_ T! rL3ao_c: 5 15 _CW :}J'!' S -S' :??_- G5 S: RLSS:_...A .':•1 S ' - * WY ? RA:3:: G.` . _ ?_ Ga 53 3LAZ .._...:J•_EAr C2 52 Z..,_ S :S_ I Attachment 2 Big Hill Open Space Parcel Management Plan -'*J w, 1Ww4IjM3 L=0 LJ A LMI U AL Pioneer C netery S-1 Location of Trailhead Parldng Area Freed S Middle School BOUNDARY LEGEND I arr+ sr Trail ................. Improved Trail •..••••.•••••.••• preporedby The City ofPueblo Planning Deportment Concrete Pad AREA MAP A BIG HILL OPEN SPACE PARCEL =;j� 0 30.„„ 500 tt TRAI LS MAP Updated 8 -15-00