HomeMy WebLinkAbout09335l
RESOLUTION NO. 9335
A RESOLUTION APPROVING THE HONOR FARM PROPERTY
PURCHASE AND SALE AGREEMENT, AND HONOR FARM
PROPERTY RAPTOR CENTER LEASE AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND
THE STATE OF COLORADO, DIVISION OF PARKS AND
OUTDOOR RECREATION AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME AND ALL
OTHER DOCUMENTS ASSOCIATED THEREWITH
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Honor Farm Property Purchase and Sale Agreement, and the Honor Farm
Raptor Center Lease Agreement, copies of which are attached hereto, having been
approved as to form by the City Attorney, are hereby approved.
SE CTION 2.
The President of City Council is hereby authorized to execute and deliver said
attached Purchase and Sale Agreement and Lease Agreement together with all other
documents associated therewith including Fence Agreement, Escrow Agreement, and
Quit Claim Deeds, approved as to form by the City Attorney, in the name of and on
behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the
seal of the City thereto and attest same.
SECTION 3.
Funds in the amount of $80,690 are appropriated from Account No. 260 -9510-
600.80 -50 /PL 9901 Honor Farm and $200,000 from Account No. 401 - 0000- 600.70-
10/CP0102 Honor Farm Land Trade. As part of the grant agreement, Great Outdoors
Colorado will transfer $139, 310 to the Title Company at the time of closing. Funds in
the amount of $33,000 shall be transferred to Account No. 260- 9510 - 600.80 -50 /PL
9901 Honor Farm from prior year fund balance. In addition, $10,398 shall be
transferred from the Honor Farm lease Account No. 101 - 6040 - 452.65 -24 to Account No.
260- 9510 - 600.80 -50 /PL 9901 Honor Farm.
INTRODUCED: June 25, 2001
BY Rich Golenda
00W4611- P
APPROVED
r �� -
RIVSIDENT OF CITY COUNCIL
ATTESTED BY:.
TY CLERK
. . ...... .
... .
A
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 1 to
DATE: JUNE 25, 2001
DEPARTMENT: PLANNING & DEVELOPMENT
TITLE
A RESOLUTION APPROVING THE HONOR FARM PROPERTY PURCHASE AND
SALE AGREEMENT, AND HONOR FARM PROPERTY RAPTOR CENTER LEASE
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION AND THE STATE OF COLORADO, DIVISION OF PARKS AND
OUTDOOR RECREATION AND AUTHORIZING THE PRESIDENT OF CITY
COUNCIL TO EXECUTE SAME AND ALL OTHER DOCUMENTS ASSOCIATED
THEREWITH
ISSUE
Should the City Council approve the Purchase and Sale Agreement, and the Raptor
Center Lease Agreement (see attached) relating to Honor Farm property?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
In December 1997, the City received a $350,000 grant from Great Outdoors Colorado, of
which the City was required to provide a cash match of $250,000 (Resolution No. 8303).
The grant was to acquire private properties in and around the 4,000 -acre Honor Farm.
Throughout FY 1998 and 1999, the City purchased approximately 177 acres near the
Nature Center that is surrounded by State Parks land. Over the past year and a half, the
City negotiated with the Colorado State Parks Department for the acquisition/trade of
properties associated with the Honor Farm. The main goal of this land deal is for the City
to obtain ownership to the northern portion, and State Parks to hold ownership of the
southern portion of the Honor Farm.
After several meetings, the City and Colorado State Parks Department reach the
following land trade package:
What the City will Receive:
1. Approximately 2,353 acres of the northern portion of the Honor Farm (See
Attached Map). The property will have a Conservation Easement on it held
by the State that limits future uses to parks, open space, and public recreation
facilities.
2. A 99 -year lease on the Raptor Center land that includes approximately 30
acres next to the Nature Center.
3. A trail easement on the existing 2.5 mile section of the Arkansas River Trail
from Pueblo Blvd. to the east edge of the current property boundary of Lake
Pueblo State Park.
What the State will Receive:
1. Approximately 177 acres of land north and west of the Nature Center (See
Attached Map).
2. $420,000 in cash at time of closing (end of June 2001).
3. Approximately 8 acres of land west of Pueblo Blvd. and north of the
Arkansas River (See Attached Detailed Map).
4. The City will provide the Property Survey, Baseline Inventory, and
Management Plan for this trade.
5. The City will provide Lake Pueblo with Fire Protection associated with their
building structures for the next 10 years.
6. Upon City appropriations, the City will pay State Parks $216,111.61 a year
over the next three years.
FINANCIAL IMPACT
The City will pay $280,690 to the State in FY 2001. Funds in the amount of $80,690 are
appropriated in Account No. 260 - 9510- 600.80 -50 /PL 9901 Honor Farm, and $200,000
from Account No. 401- 0000 - 600.70- 10 /CP0102 Honor Farm Land Trade. As part of the
Grant Agreement, Great Outdoors Colorado will transfer $139,310 to the Title Company
at the time of closing.
Subject to and contingent upon funds being appropriated and budgeted for such purpose,
the City will need to pay a total of $648,334.83 over the next three years in equal
payments of $216,111.61 to the Colorado State Parks Department for the remaining owed
toward the acquisition of the property. At closing, the City will be required to execute
three (3) quit claim deeds, which will be held in escrow by Transnation Title Company.
Each quit claim deed will equal the acreage value of the remaining balance and will have
an effective date when the State must receive that yearly payment. If the City defaults on
that payment, then the remaining quit claim deed reverts back to the State Parks.
The total cost to the City for this project is $ 1,294,612.83.
Recorded at dclock M.,
RPCnlritinn SQ33
No. ncwn,w.
QUIT CLAIM DEED
TERS DEED, Made this (O� day of A PY i 4 1 2003.
between the STATE OF COLORADO, acting by and through the
Department of Natural Resources, for the use and benefit of the DIVISION
OF PARKS AND OUTDOOR RECREATION and BOARD OF PARKS
AND OUTDOOR RECREATION, 1313 Sherman Street - Room 618,
Denver, Colorado 80203
of the City and County of Denver and State of Colorado, grantor,
and the CITY OF PUEBLO, a municipal corporation,
whose legal address is 1 City Hall Place, Pueblo, Colorado 81003
of the County of Pueblo and State of Colorado, grantee.
WITNESSETH, That the grantor, for and in consideration of reversing the conveyance of that certain
property conveyed to grantor by deeds dated June 29,'2001, has remised, released, sold and QUIT
CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM into the grantee, its
successors and assigns, forever, all the right; title, interest, claim and demand which the grantor has in and to
the real property, together with improvements, if any, situate, lying and being in the County of PUEBLO and
State of Colorado, described as follows:
That certain property described in two (2) Quit Claim deeds recorded at Reception Nos. 1431093
and 1488530 in the records of the Pueblo County Clerk & Recorder, the legal descriptions of said
property are attached hereto as Exhibit A.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges
thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim
whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee,
its successors and assigns forever.
IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above.
STATE OF COLORADO
BILL OWENS, GOVERNOR
orado Division of Parks utdoor Recreation
for the Executive Director, partment of Natural Resources
and on behalf of the Board of Parks and Outdoor Recreation
STATE OF COLORADO, - I
} as.
City and County of Denver f
The foregoin� instrument was acknowledged before me this .' 6T j day of �Pvr , 2003,
b Toth - V<t-k yo n as DI Jt joY of the Colorado Division of
Parks and Outdoor Recreation.
My commission expires , 200_ Witness my hand and official sea
% GORY
MY Commission Expimbl h 19.2007 oP E r- ,O,
�OTAg 9
m
Notary &� A vt3 L t c o
9� o
co4O- 10111`
2002 ESCROW DESCRIPTION:
A TRACT OF LAND LOCATED IN A PORTION OF THE S 1/2 OF SECTION 18, AND THE SW 1/4
OF SECTION 17, BOTH IN TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 18;
1. THENCE N89 0 52'00 "E ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 18, A
DISTANCE OF 5244.88 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 18;
2. THENCE S89 0 27'06 "E ALONG THE NORTH LINE OF THE SW 1/4 OF SAID SECTION 17,
A DISTANCE OF 585.22 FEET;
3. THENCE S01 9'43"E A DISTANCE OF 2277.04 FEET;
4. THENCE S89 0 56'34 "W A DISTANCE OF 5862.18 FEET TO THE WEST LINE OF SAID
SECTION 18;
5. THENCE N00 °31' 13 "W ALONG THE WEST LINE OF SAID SECTION 18, A DISTANCE OF
2275.78 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION:
THE ABOVE TRACT OF LAND CONTAINS 305.89 ACRES, MORE OR LESS.
BASIS OF BEARINGS FOR THESE DESCRIPTIONS IS THE WEST LINE OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 P.M., WHICH IS
ASSUMED TO BEAR NOI 0 14'08"W, FROM THE WEST QUARTER CORNER OF SAID SECTION 28
(A 3 1/4" BLM BRASS CAP), TO THE NORTHWEST CORNER OF SAID SECTION 28 (A 3 1/4" BLM
BRASS CAP).
THE FOREGOING DESCRIPTION WAS PREPARED By:
RAYMOND JOSEPH PECHEK PLS 24964
FOR AND ON BEHALF OF URS
9960 FEDERAL DRIVE, SUITE 300
COLORADO SPRINGS, COLORADO 80921
(719) 531 -0001
JUNE 26, 2001
�I��IIIIII�I�IIIII�II�I� 1431093
ChrisC.Mu IIIIIIIIIIII�I�III�III� Page: 2 of 2
noz Puebl0ctyClk &Re J ill J ill
03 22/2002
c QUIT R 10. 11:52A
D 0.00
EXHIBIT A
r
2003 ESCROW DESCRIPTION:
A TRACT OF LAND LOCATED IN A PORTION OF THE S 1/2 OF SECTION 18, THE SW 1/4 OF
SECTION 17, THE N 1/2 OF SECTION 19, AND THE NW 1/4 OF SECTION 20, ALL IN TOWNSHIP
20 SOUTH, RANGE 65 WEST OF THE 6' PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE
OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 18;
1. THENCE N00 °31' 13 "W ALONG THE WEST LINE OF THE SW 1/4 OF SAID SECTION 18,
A DISTANCE OF 372.62 FEET;
2. THENCE N89 0 56'34 "E A DISTANCE OF 5862.18 FEET;
3. THENCE SOI °19'43 "E A DISTANCE OF 2249.54 FEET;
4. THENCE S89 0 34'41 "W A DISTANCE OF 5887.83 FEET TO THE WEST LINE OF SAID
SECTION 19;
5. THENCE N00 0 41'49 "W ALONG THE WEST LINE OF THE NW 1/4 OF SAID SECTION 19,
A DISTANCE OF 1913.98 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.
THE ABOVE TRACT OF LAND CONTAINS 305.89 ACRES, MORE OR LESS.
BASIS OF BEARINGS FOR THESE DESCRIPTIONS IS THE WEST LINE OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 T ' l P.M., WHICH IS
ASSUMED TO BEAR NO1 °14'08 "W, FROM THE WEST QUARTER CORNER OF SAID SECTION 28
(A 3 1/4" BLM BRASS CAP), TO THE NORTHWEST CORNER OF SAID SECTION 28 (A 3 1/4" BLM
BRASS CAP).
THE FOREGOING DESCRIPTION WAS PREPARED BY:
RAYMOND JOSEPH PECHEK PLS 24964
FOR AND ON BEHALF OF URS
9960 FEDERAL DRIVE, SUITE 300
COLORADO SPRINGS, COLORADO 80921
(719) 531 -0001
JUNE 26, 2001
IN i1111110 27A
4 8 8530
Fill .mun z Pu
ChrisC.Munoz PuebloCWClkSRec QUIT R 11.00 D 0.00
EXHIBIT A
ISSUED BY
TRANSNATION TITLE INSURANCE COMPANY
OWNER'S POLICY OF T ITLE INSURANCE
Transnation
A LAWAMERICA COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the
Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in
Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto
affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
TRANSNATION TITLE INSURANCE COMPANY
N `N(.OpPORAPFO G
Attest: !^ /// SFPi. 16, 1991 By:
Secretary RII� President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve-
ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula-
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer
results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
NM 1 PA 10
ALTA Owner's Policy (10- 17 -92)
Face Page
Form 1190 -56
ORIGINAL
Valid Only If Schedules A and B and Cover Are Attached
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean
(a) "insured ": the insured named in Schedule A, and, subject to any
rights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law
as distinguished from purchase including, but not limited to, heirs,
distributees, devisees, survivors, personal representatives, next of kin, or
corporate or fiduciary successors.
(b) "insured claimant ": an insured claiming loss or damage.
(c) "knowledge" or "known ": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason of the
public records as defined in this policy or any other records which impart
constructive notice of matters affecting the land.
(d) "land ": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property. The
term "land" does not include any property beyond the lines of the area
described or referred to in Schedule A, nor any right , title, interest, estate
or easement in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the extent to which a
right of access to and from the land is insured by this policy.
(e) "mortgage ": mortgage, deed of trust, trust deed, or other security
instrument.
(f) "public records ": records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge. With
respect to Section 1(a) (iv) of the Exclusions From Coverage, "public
records" shall also include environmental protection liens filed in the
records of the clerk of the United States district court for the district in
which the land is located.
(g) "unmarketability of the title ": an alleged or apparent matter affecting
the title to the land, not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest
in the land, or holds an indebtedness secured by a purchase money
mortgage given by a purchaser from the insured, or only so long as the
insured shall have liability by reason of covenants of warranty made by the
insured in any transfer or conveyance of the estate or interest. This policy
shall not continue in force in favor of any purchaser from the insured of
either (i) an estate or interest in the land, or (ii) an indebtedness secured by
a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall
come to an insured hereunder of any claim of title or interest which is
adverse to the title to the estate or interest, as insured, and which might
cause loss or damage for which the Company may be liable by virtue of
this policy, or (iii) if title to the estate or interest, as insured, is rejected as
unmarketable. If prompt notice shall not be given to the Company, then as
to the insured all liability of the Company shall terminate with regard to
the matter or matters for which prompt notice is required: provided,
however, that failure to notify the Company shall in no case prejudice the
rights of any insured under this policy unless the Company shall be
prejudiced by the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF
INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations, the Company,
at its own cost and without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those stated causes
of action alleging a defect, lien or encumbrance or other matter insured
against by this policy. The Company shall have the right to select counsel
of its choice (subject to the right of the insured to object for reasonable
cause) to represent the insured as to those stated causes of action and shall
not be liable for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs or expenses incurred by the insured
in the defense of those causes of action which allege matters not insured
against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its
opinion may be necessary or desirable to establish the title to the estate or
interest, as insured, or to prevent or reduce loss or damage to the insured.
The Company may take any appropriate action under the terms of this
policy, whether or not it shall be liable hereunder, and shall not thereby
concede liability or waive any provision of this policy. If the Company
shall exercise its rights under this paragraph, it shall do so diligently.
B 1190 -56
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the
Company may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in its sole discretion.
to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the
insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the, name of the insured for this purpose.
Whenever requested by the Company, the insured, at the Company's
expense, shall give the Company all reasonable aid (i) in any action or
proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting settlement, and (ii) in any
other lawful act which in the opinion of the Company may be necessary or
desirable to establish the title to the estate or interest as insured. If the
Company is prejudiced by the failure of the insured to furnish the required
cooperation, the Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such
cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof of
loss or damage signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the insured claimant shall
ascertain the facts giving rise to the loss or damage. T:ic proof of loss or
damage shall describe the defect in, or lien or encumbrance on the title, or
other matter insured against by this policy which constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss
or damage, the Company's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such
proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit
to examination under oath by any authorized representative of the
Company and shalt produce for examination, inspection and copying, at
such reasonable limes and places as may be designated by any authorized
representative of the Company, all records, books, ledgers, checks,
correspondence and memoranda, whether bearing a date before or after
Date of Policy, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company , the insured
claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine , inspect and copy all records,
books, ledgers, checks, correspondence and memoranda in the custodv or
control of a third party, which reasonably pertain to the loss or damage.
All information designated as confidential by the insured claimant provided
to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgement of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit for
examination under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary information from third
parties as required in this paragraph shall terminate any liability of the
Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy together
with any costs, attorneys' fees and expenses incurred by the insured claimant, which
were authorized by the Company, up to the time of payment or tender of payment
and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations to
the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue
any litigation, and the policy shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name
of an insured claimant any claim insured against under this policy, together
with any costs, attorneys' fees and expenses incurred by the insured
claimant which were authorized by the Company up to time of payment
and which the Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys'
fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is
obligated to pay.
Upon the exercise by the Company of either of the options provided for
in paragraphs (b)(i) or (ii), the Company's obligations to the insured under
this policy for the claimed loss or damage. other than the payments
required to be made, shall terminate, including any liability or obligation to
defend, prosecute or continue any litigation.
Conditions and Stipulations Continued Inside Cover
CONTROL NO
A3�- 250100
LX LANDAMEIPICA
PRIVACY POLICY NOTICE
Dear LandAmerica Customer:
The Financial Services Modernization Act recently enacted by Congress has brought
many changes to the financial services industry, which includes insurance companies
and their agents. One of the changes is that we are now required to explain to our
customers the ways in which we collect and use customer information.
The statement attached to or on the reverse side of this letter is the privacy policy of the
LandAmerica family of companies. The three largest members of the family —
Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation,
and Transnation Title Insurance Company — may issue policies and handle real estate
closings in virtually every part of the country. A number of other companies in the
family provide other real estate services, and some operate more locally. You may
review a list of LandAmerica companies on our website (www.landam.com) You may
also visit our website for an explanation of our privacy practices relating to electronic
communication.
Our concern with the protection of your information has been a part of our business
since 1876, when the company that is now Commonwealth Land Title Insurance
Company issued its first policy. We will continue to protect the privacy, accuracy, a
security of customer information given to us.
No response to this notice is required, but if you have questions, please write to us:
LandAmerica Privacy
P.O. Box 27567
Richmond, VA 23261 -7567.
LandAmerica Companies
Title Insurance Companies Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New
Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title Insurance Corporation, Title Insurance
Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York
Relocation and Mortgages Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing, Inc.
Title Agents Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Brighton Title
Services Company, Capitol City Title Services, Inc., CFS Title Insurance Agency, Charleston Title Agency; Charter Title Company of
Fort Bend, Galveston, and Sugarland; Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title
Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abstract Corp., Cornerstone Residential Title, Cumberland
Title Company, First Title & Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company; Lawyers Title of
Arizona, El Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Lion Abstract, Longworth Insured,
Louisville Title Agency of Central Ohio, Lorain County Title Company, M/I Title Agency, NIA/ Lawyers Title Agency, Oregon Title,
Park Title, Partners Title Company, Pikes Peak Title Services, RE/Affirm Title Agency, Rainier Title Company, Residential Abstract,
Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TransOhio Residential Title Agency, Transnation
Title & Escrow, Union Title Agency, University Title Services, Wilson Title Company
Appraisals and Ancillary Services LandAmerica OneStop, Inc.
FORM 3391 -6 (May 2001)
LANDAMERICA PRIVACY POLICY
What kinds of information we collect. Most of LandAmerica's business is title insurance, but there
are companies in our family that provide other real estate services to consumers. We collect
information about you, (for instance, your name, address, telephone number), and information about
your transaction, including the identity of the real property that you are buying or financing. We obtain
a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this
information from you or from the lender, attorney, or real estate broker that you have chosen. Our title
insurance companies then obtain information from the public records about the property so that we can
prepare a title insurance policy. When we provide closing, escrow, or settlement services, mortgage
lending, or mortgage loan servicing, we may get your social security number, and we may receive
additional information from third parties including appraisals, credit reports, land surveys, escrow
account balances, and sometimes bank account numbers to facilitate the transaction. If you are
concerned about the information we have collected, please write to us.
How we use this information. The company giving or specifically adopting this notice does not share
your information with marketers outside its own family. There's no need to tell us to keep your
information to ourselves because we share your information only to provide the service requested by
your or your lender, or in other ways permitted by law. The privacy laws permit some sharing without
your approval. We may share internally and with nonaffiliated third parties in order to carry out and
service your transaction, to protect against fraud or unauthorized transactions, for institutional risk
control, and to provide information to government and law enforcement agencies. Companies within a
family may share certain information among themselves in order to identify and market their own
products that they think may be useful to you. Credit information about you is shared only to facilitate
your transaction or for some other purpose permitted by law.
How we protect your information. We restrict access to nonpublic personal information about you to
those employees who need the information to provide products or services to you. We maintain
physical, electronic, and procedural safeguards that comply with law to guard your nonpublic personal
information. We reinforce the company's privacy policy with our employees.
Agents that may be covered by this policy. Often, your transaction goes through a title insurance
agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are not
part of the LandAmerica family may specifically, in writing, adopt our policy statement.
FORM 3391 -6 (May 2001)
TRANSNATION TITLE INSURANCE COMPANY
POLICY OF TITLE INSURANCE
SCHEDULE A
Amount of Insurance: $ 1,644,612.83 Policy No.: 7573617
Date of Policy: July 2, 2001 at 1:33 P.M. up to and including
Reception No. 1390543
1. Name of Insured:
City of Pueblo, a Municipal Corporation
2. The estate or interest in the land described herein and which is
covered by this policy is: FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested
in:
City of Pueblo, a Municipal Corporation
4. The land referred to in this Policy is described as follows:
(SEE ATTACHED PAGE FOR LEGAL DESCRIPTION)
TRANSNATION TITLE INSURANCE COMPANY
Policy No.: 7573617
LEGAL DESCRIPTION
A tract of land located in Section 16, Township 20 South, Range 65 West of
the 6th Principal Meridian, County of Pueblo, State of Colorado, more
particularly described as follows:
Commencing at the Southeast corner of said Sectin 16;
thence South 89 deg. 41 min. 01 sec. West along the South line of the
Southeast 1/4 of said Section 16, a distance of 400.00 feet to the true
Point of Beginning of this description:
1. thence South 89 deg. 41 min. 01 sec. West continuing along said South
line of the Southeast 1/4, a distance of 2236.23 feet to the South 1/4
corner of said Section 16;
2. thence South 89 deg. 41 min. 03 sec. West along the South line of the
Southwest 1/4 of said Section 16, a distance of 2635.71 feet to the
Southwest corner of said Section 16;
3. thence North 01 deg. 22 min. 16 sec. West along the West line of the
Southwest 1/4 of said Section 16, a distance of 2636.63 feet to the West
1/4 corner of said Section 16;
4. thence North 89 deg. 45 min. 31 sec. East along the East -West
centerline of said Section 16, a distance of 1973.66 feet to the West line
of the East 1/2 of the East 1/2 of the Northwest 1/4 of said Section 16;
5. thence North 01 deg. 23 min. 24 sec. West along said West line, a
distance of 2652.24 feet to the North line of said Section 16;
6. thence South 89 deg. 57 min. 17 sec. East along said North line, a
distance of 99.23 feet to the Northwest corner of a tract of land as
recorded in Book 1501 at Page 57 of the records of said Pueblo County;
the following two (2) courses follow the Westerly and Southerly boundary
of said tract recorded in Book 1501 at Page 57:
7. thence South 00 deg. 02 min. 43 sec, West a distance of 50.00 feet;
8. thence South 89 deg. 57 min. 17 sec. East a distance of 229.83 feet to
a point on the Southerly line of parcel No. 239 of a deed recorded in Book
1853 at Page 624 of the records of said Pueblo County;
the following five (5) courses follow said Southerly line of parcel No.
239 recorded in Book 1853 at Page 624:
9. thence South 71 deg. 15 min. 05 sec. East a distance of 230.71 feet;
Page 2
TRANSNATION TITLE INSURANCE COMPANY
SCHEDULE A - continued Policy No.: 7573617
LEGAL DESCRIPTION
10. thence South 71 deg. 44 min. 35 sec. East a distance of 869.20 feet to
a non - tangent curve to the left;
11. thence along the arc of said curve to the left with a radius of
11634.20 feet, a delta angle of 04 deg. 23 min. 28 sec., an arc length of
891.62 feet, whose long chord bears South 77 deg. 44 min. 05 sec. East a
distance of 891.40 feet;
12. thence South 81 deg. 07 min. 05 sec. East a distance of 722.00 feet;
13. thence South 61 deg. 42 min. 05 sec. East a distance of 386.20 feet to
the East line of the Northeast 1/4 of said Section 16;
14. thence South 01 deg. 35 min. 42 sec. East along said East line, a
distance of 867.26 feet to the most Northerly point of parcel No. 39 of a
deed recorded in Book 1853 at Page 624 of the records of said Pueblo
County;
the following three (3) courses follow the Westerly line of said parcel
No. 39 recorded in Book 1853 at Page 624:
15. thence South 16 deg. 24 min. 33 sec. West a distance of 358.50 feet;
16. thence South 09 deg. 48 min. 33 sec. West a distance of 1138.60 feet;
17. thence South 00 deg. 01 min. 03 sec. West a distance of 2055.36 feet
to the True Point of Beginning of this description.
AND
the Southwest 1/4 of Section 17, Township 20 South, Range 65 West of the
6th Principal Meridian, County of Pueblo, State of Colorado.
AND
the South 1/2 of Section 18, Township 20 South, Range 65 West of the 6th
Principal Meridian, County of Pueblo, State of Colorado.
AND
the North 1/2; the North 1/2 of the Southwest 1/4; the North 1/2 of the
Southeast 1/4 and the Southeast 1/4 of the Southeast 1/4, all in Section
19, Township 20 South, Range 65 West of the 6th Principal Meridian, County
of Pueblo, State of Colorado.
AND
Page 3
TRANSNATION TITLE INSURANCE COMPANY
SCHEDULE A - continued
LEGAL DESCRIPTION
Policy No.: 7573617
the Northwest 1/4; the North 1/2 of the Northeast 1/4; the Southeast 1/4
of the Northeast 1/4, the East 1/2 of the Southeast 1/4; and the Southwest
1/4 of the Southeast 1/4, all in Section 20, Township 20 South, Range 65
West of the 6th Principal Meridian, County of Pueblo, State of Colorado.
AND
the Northwest 1/4; the Southwest 1/4 of the Northeast 1/4; the East 1/2 of
the Southwest 1/4; the Southwest 1/4 of the Southeast 1/4, all in Section
21, Township 20 South, Range 65 West of the 6th Principal Meridian, County
of Pueblo, State of Colorado, along with a tract of land
located in the Southeast 1/4 of the Southeast 1/4 of said Section 21, more
particularly described as follows:
Commencing at the Southeast corner of said Section 21;
thence South 89 deg. 18 min. 06 sec. West along the South line of the
Southeast 1/4 of said Section 21, a distance of 400.00 feet to the True
Point of Beginning of this description:
1. thence South 89 deg. 18 min. 06 sec. West continuing along the South
line of the Southeast 1/4 of said Section 21, a distance of 915.83 feet to
the Southwest corner of the Southeast 1/4 of the Southeast 1/4 of said
Section 21;
2. thence North 00 deg. 34 min. 49 sec. West along the West line of said
Southeast 1/4 of the Southeast 1/4, a distance of 1319.07 feet to the
Northwest corner of said Southeast 1/4 of the Southeast 1/4;
3. thence North 89 deg. 21 min. 02 sec. East along the North line of said
Southeast 1/4 of the Southeast 1/4, a distance of 966.33 feet to the
Northwest corner of Parcel No. 35 as recorded in Book 1853 at Page 624 of
the records of said Pueblo County;
4. thence South 01 deg. 36 min. 49 sec. West along the West line of said
Parcel No. 35, recorded in Book 1853 at Page 624,
a distance of 1319.32 feet to the True Point of Beginning of this
decription.
AND
A tract of land located in the North 1/2 of Section 28, Township 20 South,
Range 65 West of the 6th Principal Meridian, County of Pueblo, State of
Colorado, more particularly described as follows:
Commencing at the Northeast corner of said section 28; thence South 89
deg. 18 min. 06 sec. West along the North line of the Northeast quarter
of said Section 28, a distance of 400.00 feet to a point on the West line
of of Parcel No. 35 recorded in Book 1853 at Page 624 of the records of
Page
TRANSNATION TITLE INSURANCE COMPANY
SCHEDULE A - continued
LEGAL DESCRIPTION
Policy NO.: 7573617
said Pueblo County, said point being the True Point of Beginning of this
Description:
1. thence South 03 deg. 46 min. 43 sec. East along the West line of said
Parcel No. 35 as recorded in Book 1853 at Page 624, a distance of 1741.94
feet to the Northerly right -of -way line of the relocated Denver and Rio
Grande Western Railroad Co. as recorded in Book 2121 at Page 698 of the
records of said Pueblo County, said point being on a non - tangent curve to
the left;
The following six (6) courses follow said Northerly right -of -way line of
the Rio Grande Western Railroad Co. as recorded in Book 2121 at Page 698;
2. thence along the arc of said curve to the left with a radius of
3364.17 feet, a delta angle of 42 deg. 27 min. 56 sec, an arc length of
2493.40 feet, whose long chord bears South 89 deg. 32 min. 10 sec. West a
distance of 2436.72 feet;
3. thence South 67 deg. 48 min. 08 sec. West a distance of 517.08 feet to
a non - tangent curve to the left;
4. thence along the arc of said curve to the left with a radius of
3399.17 feet, a delta angle of 11 deg. 08 min. 42 sec., an arc length of
661.20 feet, whose long chord bears South 53 deg. 58 min. 57 sec. West a
distance of 660.16 feet;
5. thence South 47 deg. 40 min. 58 sec. West a distance of 102.87 feet;
6. thence South 46 deg. 48 min. 23 sec. West a distance of 100.97 feet;
7. thence South 46 deg. 38 min. 57 sec. West a distance of 89.75 feet;
8. thence North 01 deg. 14 min. 08 sec. West a distance of 2498.28 feet
to the North line of the Northwest quarter of said Section 28;
9. thence North 89 deg. 18 min. 40 sec. East along the North line of the
Northwest quarter of said Section 28, a distance of 1371.97 feet to the
North quarter corner of said Section 28;
10. thence North 89 deg. 18 min. 06 sec. East along the North line of the
Northeast quarter of said Section 28, a distance of 2231.66 feet to the
TRUE POINT OF BEGINNING of this description.
Page 5
TRANSNATION TITLE INSURANCE COMPANY
Policy No.: 7573617
SCHEDULE B
This Policy does not insure against loss or damage by reason of the
following:
1. The subject property is Tax Exempt under the current owner
2. Reservation of right of way for any ditches or canals constructed
by authority of the United States, in U.S. Patent recorded August
10, 1889 in Book 68 at Page 441 and September 4, 1919 in Book 478
at Page 66.
3. Map and Statement of Mesa Canal and Mesa Canal No.s 1 -18 filed at
Instrument No. 167641.
4. Right of Way granted to The Mountain States Telephone and Telegraph
Company recorded July 14, 1936 in Book 824 at Page 568.
5. Terms, agreements, provisions, conditions and obligations as
contained in Easement Agreement by and between State of Colorado
and Southern Colorado Power Company recorded November 11, 1956 in
Book 1313 at Page 595.
6. Permanent Easement, whether in fee or easement only to State
Department of Highways, Division of Highways, State of Colorado
recorded July 12, 1976 in Book 1853 at Page 624.
7. Access Easement, whether in fee or easement only to State
Department of Highways, Division of Highways, State of Colorado
recorded July 12, 1976 in Book 1853 at Page 629.
8. Easement, whether in fee or easement only as contained in deed
recorded January 4, 1984 in Book 2184 at Page 73
9. Reservation of right of proprietor of any penetrating vein or lode
to extract his ore, in U.S. Patent recorded December 19, 1892 in
Book 149 at Page 81.
10. The West Pueblo Ditch and Reservoir and The Pueblo Ditch if same is
found to intersect.
11. Terms, agreements, provisions, conditions and obligations as
contained in Contract and Grant of Surge Tank, Temporary Access
Road, Temporary Construction and Water Pipeline Right -of -Way
Easement recorded April 23, 1979 in Book 1982 at Page 22.
12. Map of Fountain Valley Conduit recorded September 25, 1981 in Book
2087 at Page 810.
Page 6
TRANSNATION TITLE INSURANCE COMPANY
SCHEDULE B - continued Policy No.: 7573617
13. Reservations of (1) right of proprietor of any penetrating vein or
lode to extract his ore; and (2) right of way for any ditches or
canals constructed by authority of United States, in U.S. Patent
recorded January 3, 1883 in Book 44 at Page 612 and June 30, 1891
in Book 91 at Page 84 and September 18, 1946 in Book 1023 at Page
128.
14. Easement, whether in fee or easement only granted to the Board of
Water Works of Pueblo, Colorado, recorded October 4, 2000 at
Reception No. 1352823.
15. Reservations of (1) right of proprietor of any penetrating vein or
lode to extract his ore; and (2) right of way for any ditches or
canals constructed by authority of United States, in U.S. Patent
recorded June 23, 1888 in Book 61 at Page 275 and December 19, 1892
in Book 91 at Page 322 and in Book 91 at Page 325 and in Book 91 at
Page 326.
16. Terms, agreements, provisions, conditions and obligations as
contained in Deed recorded March 25, 1979 in Book 1978 at Page 447.
17. Terms, agreements, provisions, conditions and obligations as
contained in Agreement recorded May 10, 1979 in Book 1984 at Page
866.
18. Easement, whether in fee or easement only to Pueblo West
Metropolitan District, a municipal Corporation, recorded September
18, 1998 at Reception No. 1239581.
19. Reservations of (1) right of proprietor of any penetrating vein or
lode to extract his ore; and (2) right of way for any ditches or
canals constructed by authority of United States, in U.S. Patent
recorded May 16, 1889 in Book 69 at Page 185 and December 19, 1892
in Book 91 at Page 323.
20. Reservation of right of way for any ditches or canals constructed
by authority of the United States, in U.S. Patent recorded June 2,
1887 in Book 52 at Page 479.
21. Right of Way, whether in fee or easement only to The Rocky Mountain
Pipe Line Company as contained in deed recorded March 23, 1893 in
Book 118 at Page 320.
22. Undivided 1 /10th grantors interest in all oil, gas and other
mineral rights, as reserved by Wayne McCuistion in the Deed to
Frank Zavislan and Ralph J. Wann recorded December 18, 1945 in Book
1002 at Page 99, and any interest therein or rights thereunder.
Page 7
TRANSNATION TITLE INSURANCE COMPANY
30. Terms, agreements, provisions, conditions and obligations as
contained in Lease recorded September 19, 1994 in Book 2757 at Page
549.
31. Reservations of (1) right of proprietor of any penetrating vein or
lode to extract his ore; and (2) right of way for any ditches or
canals constructed by authority of United States, in U.S. Patent
recorded June 2, 1887 in Book 52 at Page 479.
32. Grant of right of way, whether in fee or easement only to Southern
Colorado Power Company, recorded September 29, 1955 in Book 1280 at
Page 103.
33. Terms, agreements, provisions, conditions and obligations as
contained in Lease recorded March 12, 1993 in Book 2644 at Page 23.
34. Reservations of (1) right of proprietor of any penetrating vein or
lode to extract his ore; and (2) right of way for any ditches or
canals constructed by authority of United States, in U.S. Patent
recorded January 23, 1872 in Book 3 at Page 617.
Page 8
Policy No.: 7573617
SCHEDULE B - continued
23.
Contract and Grant of Water Pipeline Right of
Way easement, whether
in fee or easement only recorded September 17,
1979 in Book 2003 at
Page 495.
24.
Reservations of (1) right of proprietor of any
penetrating vein or
lode to extract his ore; and (2) right of way
for any ditches or
canals constructed by authority of United States,
in U.S. Patent
recorded December 19, 1892 in Book 91 at Page
324 and 325 and
recorded July 19, 1926 in Book 641 at Page 622.
25.
Right of Way, whether in fee or easement only,
recorded March 23,
1893 at Instrument No. 64198 and June 1, 1897
at Instrument No.
83860 and October 2, 1901 at Instrument No. 106683.
26.
Right of Way, whether in fee or easement only,
recorded September
15, 1905 at Instrument No. 140414 and 140416.
27.
Right of Way, whether in fee or easement only,
recorded June 16,
1925 at Instrument No. 371529.
28.
Right of Way, whether in fee or easement only,
recorded June 17,
1925 at Instrument No. 371605.
29.
Terms, agreements, provisions, conditions and
obligations as
contained in Agreement recorded April 12, 1972
in Book 1715 at Page
144.
30. Terms, agreements, provisions, conditions and obligations as
contained in Lease recorded September 19, 1994 in Book 2757 at Page
549.
31. Reservations of (1) right of proprietor of any penetrating vein or
lode to extract his ore; and (2) right of way for any ditches or
canals constructed by authority of United States, in U.S. Patent
recorded June 2, 1887 in Book 52 at Page 479.
32. Grant of right of way, whether in fee or easement only to Southern
Colorado Power Company, recorded September 29, 1955 in Book 1280 at
Page 103.
33. Terms, agreements, provisions, conditions and obligations as
contained in Lease recorded March 12, 1993 in Book 2644 at Page 23.
34. Reservations of (1) right of proprietor of any penetrating vein or
lode to extract his ore; and (2) right of way for any ditches or
canals constructed by authority of United States, in U.S. Patent
recorded January 23, 1872 in Book 3 at Page 617.
Page 8
TRANSNATION TITLE INSURANCE COMPANY
SCHEDULE B - continued Policy No.: 7573617
35. Reservations of (1) right of proprietor of any penetrating vein or
lode to extract his ore; and (2) right of way for any ditches or
canals constructed by authority of United States, in U.S. Patent
recorded April 22, 1885 in Book 49 at Page 64.
36. Reservations of (1) right of proprietor of any penetrating vein or
lode to extract his ore; and (2) right of way for any ditches or
canals constructed by authority of United States, in U.S. Patent
recorded October 24, 1888 in Book 62 at Page 431.
37. Right of Way, whether in fee or easement only, recorded June 16,
1925 in Book 620 at Page 414.
38. Contract and Grant of Easement, recorded February 25, 1970 in Book
1666 at Page 690.
39. Easement, whether in fee or easement only recorded March 17, 1980
in Book 2025 at Page 654 and re- recorded May 7, 1980 in Book 2030
at Page 875.
NOTE: Assignment of Easement recorded July 28, 1980 in Book
2038 at Page 415.
40. Reservations of (1) right of proprietor of any penetrating vein or
lode to extract his ore; and (2) right of way for any ditches or
canals constructed by authority of United States, in U.S. Patent
recorded June 15, 1892 in Book 91 at Page 269.
41. Reservations of (1) right of proprietor of any penetrating vein or
lode to extract his ore; and (2) right of way for any ditches or
canals constructed by authority of United States, in U.S. Patent
recorded February 13, 1897 in Book 183 at Page 386.
42. Reservations of (1) right of proprietor of any penetrating vein or
lode to extract his ore; and (2) right of way for any ditches or
canals constructed by authority of United States, in U.S. Patent
recorded February 13, 1987 in Book 183 at Page 387.
43. Reservations of (1) right of proprietor of any penetrating vein or
lode to extract his ore; and (2) right of way for any ditches or
canals constructed by authority of United States, in U.S. Patent
recorded July 19, 1926 in Book 641 at Page 622.
44. Right of Way, whether in fee or easement only for the use and
benefit of the Colorado State Hospital, Pueblo, Colorado to
Southern Colorado Power Company, a Colorado Corporation recorded
October 6, 1960 in Book 1432 at Page 423.
Page 9
TRANSNATION TITLE INSURANCE COMPANY
SCHEDULE B - continued Policy No.: 7573617
45. Right of Way, whether in fee or easement only granted to the United
States of America, recorded August 2, 1962 in Book 1488 at Page
299.
46. Terms, agreements, provisions, conditions and obligations as
contained in Agreement recorded March 27, 1972 in Book 1713 at Page
852.
NOTE: Supplemental Trust Indenture from Southern Colorado Power
Company to The International Trust Company Trustee, dated
November 1, 1957, recorded December 9, 1957 in Book 1344
at Page 1
47. No. 40432, Plat Book 6 at Page 7, Plat and Statement of The Pueblo
Water Works Ditch.
48. Reservations of (1) right of proprietor of any penetrating vein or
lode to extract his ore; and (2) right of way for any ditches or
canals constructed by authority of United States, in U.S. Patent
recorded January 7, 1871 in Book 3 at Page 282.
49. Permanent Easement by State Department of Highways, Division of
Highways, State of Colorado to The West Pueblo Ditch and Reservoir
Company recorded February 17, 1972 in Book 1710 at Page 767.
50. Permanent Easement by City of Pueblo for use of Board of Water
Works, Pueblo, Colorado to State Department of Highways, State of
Colorado, recorded May 25, 1972 in Book 1718 at Page 539.
51. Resolution No. 83 -Z 19 Road and Alley Vacation No. 12 recorded
April 27, 1983 in Book 2154 at Page 643.
52. Reservations of (1) right of proprietor of any penetrating vein or
lode to extract his ore; and (2) right of way for any ditches or
canals constructed by authority of United States, in U.S. Patent
recorded February 11, 1885 in Book 44 at Page 635.
53. Transmission Line Right of Way, whether in fee or easement only
granted to Southern Colorado Power Company June 16, 1925 in Book
620 at Page 410.
54. Terms, agreements, provisions, conditions and obligations as
contained in Private Way License recorded September 27, 1982 in
Book 2128 at Page 858.
55. Terms, agreements, provisions, conditions and obligations as
contained in Deed and Bill of Sale to Colorado Ute Electric
Association, Inc. recorded January 14, 1976 in Book 1835 at Page
560 and re recorded February 11, 1976 in Book 1838 at Page 09.
Page 10
TRANSNATION TITLE INSURANCE COMPANY
SCHEDULE B - continued Policy No.: 7573617
NOTE: Colorado 46 -LA6 Ute Supplemental (Consolidation) Mortgage
and Security Agreement recorded April 3, 1981 in Book
2067 at Page 809.
56. Terms, agreements, provisions, conditions and obligations as
contained in Special Warranty Deed, Assignment and Bill of Sale to
Tri -State Generation and Transmission Association recorded April
15 1992 in Book 2587 at Page 515.
57. All grantors interest in all oil, gas and other mineral rights, as
reserved by Frederick M. Heller, Hazel Hull formerly Hazel Heller
and Hellen Showell formerly Helen Heller in the Deed to John A.
Langdon recorded November 21, 1930 in Book 732 at Page 572, and any
interest therein or rights thereunder.
58. Any assertion or determination that the deed from the State of
Colorado to City of Pueblo, a Municipal Corporation recorded July
2, 2001 at Instrument No. 1390538 was not an absolute conveyance or
that the vesting of title in the insured is a part of a loan
transaction, including the assertion that the deed to the insured
constitutes a mortgage or other security device.
NOTE: Upon disclosure of compliance with the terms and
conditions of the escrow agreement addressed in above
exception, the company will delete same from the policy.
59. Right of Way for the Pueblo Arkansas Valley Railroad, now the
Atchison Topeka and Santa Fe Railway.
60. Encroachment by power structures, poles, existing power lines, dirt
roads, asphalt roads, access road between Pueblo West and pueblo
Boulevard, as shown on the improvement land survey plat by Raymond
Joseph Pechek dated July 19, 2001
61. Arkansas River Trail Easement whether in fee or easement only by
and between the State of Colorado acting by and through the
Department of Natural Resources for the use and benefit of the
Division of Parks and Outdoor Recreation and Board of Parks and
Outdoor Recreation and the City of Pueblo, a Municipal Corporation,
recorded July 2, 2001 at Reception No. 1390539
62. Raptor Center /Nature Center Easement whether in fee or easement
only by and between the State of Colorado acting by and through the
Department of Natural Resources for the use and benefit of the
Division of Parks and Outdoor Recreation and Board of Parks and
Outdoor Recreation and the City of Pueblo, a Municipal Corporation,
recorded July 2, 2001 at Reception No. 1390540
Page 11
TRANSNATION TITLE INSURANCE COMPANY
SCHEDULE B - continued Policy No.: 7573617
63. Terms, agreements, provisions, conditions and obligations as
contained in Honor Farm Property Raptor Center Lease Agreement by
and between the State of Colorado acting by and through the
Department of Natural Resources, for the use and benefit of the
Division of Parks and Outdoor Recreation and Board of Parks and
Outdoor Recreation and the City of Pueblo, a Municipal Corporation
recorded July 2, 2001 at Reception No. 1390541.
64. Deed of Conservation Easement Honor Farm Open Space & Park Parcels
City of Pueblo, whether in fee or easement only by and between City
of Pueblo, a Municipal Corporation and State of Colorado acting by
and through the Department of Natural Resources, for the use and
benefit of the Colorado Division of Parks and Outdoor Recreation,
recorded July 2, 2001 at Reception No. 1390542
Page 12
CONDITIONS AND STIPULATIONS
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered loss
or damage by reason of matters insured against by this policy and only to
the extent herein described.
(a) The liability of the Company under this policy shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the
Date of Policy is less than 80 percent of the value of the insured estate or
interest or the full consideration paid for the land, whichever is less, or if
subsequent to the Date of Policy an improvement is erected on the land
which increases the value of the insured estate or interest by at least 20
percent over the Amount of Insurance stated in Schedule A, then this
Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that
the amount of insurance at Date of Policy bears to the total value of the
insured estate or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that
120 percent of the Amount of Insurance stated in Schedule A bears to the
sum of the Amount of Insurance stated in Schedule A and the amount
expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees
and expenses for which the Company is liable under this policy, and shall
only apply to that portion of any loss which exceeds, in the aggregate, 10
percent of the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one or
more of the parcels but not all, the loss shall be computed and settled on a
pro rata basis as if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise been agreed upon as to each parcel
by the Company and the insured at the time of the issuance of this policy
and shown by an express statement or by an endorsement attached to this
policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect,
lien or encumbrance, or cures the lack of a right of access to or from the
land, or cures the claim of unmarketability of title, all as insured, in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss
or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals therefrom, adverse to
the title as insured.
(c) The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the insurance pro
tanto.
11. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount the Company may pay under any
policy insuring a mortgage to which exception is taken in Schedule B or to
which the insured has agreed, assumed, or taken subject, or which is
hereafter executed by an insured and which is a charge or lien on the
estate or interest described or referred to in Schedule A, and the amount
so paid shall be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement
of the payment unless the policy has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfaction of the Company.
NM 1 PA 10
ALTA Owner's Policy (10- 17 -92)
Cover Page
Fnrm 119(1 -5ft
(Continued)
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If
requested by the Company, the insured claimant shall transfer to the
Company all rights and remedies against any person or property necessary
in order to perfect this right of subrogation. The insured claimant shall
permit the Company to sue, compromise or settle in the name of the
insured claimant and to use the name of the insured claimant in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the
whole amount of the loss.
If loss should result from any act of the insured claimant, as stated
above, that act shall not void this policy, but the Company, in that event,
shall be required to pay only that part of any losses insured against by this
policy which shall exceed the amount, if any, lost to the Company by
reason of the impairment by the insured claimant of the Company's right
of subrogation.
(b) The Company's Rights Against Non - insured Obligors.
The Company's right of subrogation against non - insured obligors shall
exist and shall include, without limitation, the rights of the insured to
indemnities, guaranties, other policies of insurance or bonds,
notwithstanding any terms or conditions contained in those instruments
which provide for subrogation rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured
may demand arbitration pursuant to the Title Insurance Arbitration Rules
of the American Arbitration Association. Arbitrable matters may include,
but are not limited to, any controversy or claim between the Company and
the insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a policy
provision or other obligation. All arbitrable matters when the Amount of
Insurance is $1,000,000 or less shall be arbitrated at the option of either the
Company or the insured. All arbitrable matters when the Amount of
Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to
by both the Company and the insured. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand for arbitration is
made or, at the option of the insured, the Rules in effect at Date of Policy
shall be binding upon the parties. The award may include attorneys' fees
only if the laws of the state in which the land is located permit a court to
award attorneys' fees to a prevailing party. Judgment upon the award
rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto
by the Company is the entire policy and contract between the insured and
the Company. In interpreting any provision of this policy, this policy shall
be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest
covered hereby or by any action asserting such claim, shall be restricted to
this policy.
(c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provi-
sion and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this
policy and shall be addressed to: Consumer Affairs Department, P.O. Box
27567, Richmond, Virginia 23261 -7567.
ORIGINAL Valid Only If Face Page, Schedules A and B Are Attached
1
Recorded at
1 111111111111111111111111111111111111111111111
1390538
07/02/2001 01:33P BS
IIII
DEED Chris
Reception No. _
1 of 5
R 25.00 D 0.00 Pueblo
Cty Clerk
AV
BARGAIN AND SALE DEED
THIS DEED, Made this 2 day of ZtA k t 2001
between the STATE OF COLORADO, acting by and through the Department of
Natural Resources, for the use and benefit of the DIVISION OF PARKS AND
OUTDOOR RECREATION and BOARD OF PARKS AND OUTDOOR
RECREATION and STATE OF COLORADO,
of the City and County of Denver , State of Colorado, grantor,
and the CITY OF PUEBLO, a municipal corporation,
whose legal address is 1 City Hall Place, Pueblo, Colorado 81003
of the County of Pueblo , State of Colorado, grantee,
IIIIIIIIIIIIII
C. Munoz
i Rec
WITNESSETH, That the grantor, for and in consideration of TEN DOLLARS AND OTHER GOOD AND
VALUA BLE CONSIDERATION ----------------------------- -----------------------------------------------------------------------------
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm, unto the grantee, its heirs and assigns, forever, all the real
property, together with improvements, if any, situate, lying and being in Pueblo County, State of Colorado, described as
follows:
See "Exhibit A — Legal Description" attached
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining,
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises,
with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee,
its heirs and assigns forever. And the grantor, for itself, successors and assigns, does covenant, grant, bargain, and
agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents,
it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and has good right, full power and authority to grant, bargain, sell and convey the same in manner and
form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances, and restrictions of whatever kind or nature soever, except easements, restrictions, reservations
and rights -of -way of record.
IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above.
Tom Kenyon, Acting Dire or
Colorado Division of Parks Outdoor Recreation
STATE OF COLORADO,
City and ss.
County of Denver
The foregoing instrument was acknowledged before me this 2 ti i � day of Z44-Q-
by Tom Kenyon, Acting Director, Colorado Division of Parks and Outdoor Recreation.
My commission expires My Commission Expfrj"a ch 19, 2003
Witness my hand and official seal. 6
o 3� Public
oo
Rp .,� 5113 ����
C0 Addr ss
W 0, p
, 2001,
303
75-731�-?-(-7
q
111111 11111 111111 11111 III 1111111 111111 III IIIII 1111 1111
1390538 07/02/2001 01:33P BS DEED Chris C. Munoz
2 of 5 R 25.00 D 0.00 Pueblo C!y Clerk & Ree
"EXHIBIT All
LEGAL DESCRIPTION
A tract of land located in Section 16, Township 20 South, Range 65 West
of the 6th Principal Meridian, County of Pueblo, State of Colorado,
more
particularly described as follows:
Commencing at the Southeast corner of said Sectin 16;
thence South 89 deg. 41 min. 01 sec. West along the South line of the
Southeast 1/4 of said Section 16, a distance of 400.00 feet to the true
Point of Beginning of this description:
1. thence South 89 deg. 41 min. 01 sec. West continuing along said
South line of the Southeast 1/4, a distance of 2236.23 feet to the
South 1/4 corner of said Section 16;
2. thence South 89 deg. 41 min. 03 sec. West along the South line of
the Southwest 1/4 of said Section 16, a distance of 2635.71 feet to the
Southwest corner of said Section 16;
3. thence North 01 deg. 22 min. 16 sec. West along the West line of the
Southwest 1/4 of said Section 16, a distance of 2636.63 feet to the
West 1/4 corner of said Section 16;
4. thence North 89 deg. 45 min. 31 sec. East along the East -West
centerline of said Section 16, a distance of 1973.66 feet to the West
line of the East 1/2 of the East 1/2 of the Northwest 1/4 of said
Section 16;
5. thence North 01 deg. 23 min. 24 sec. West along said West line, a
distance of 2652.24 feet to the North line of said Section 16;
6. thence South 89 deg. 57 min. 17 sec. East along said North line, a
distance of 99.23 feet to the Northwest corner of a tract of land as
recorded in Book 1501 at Page 57 of the records of said Pueblo County;
the following two (2) courses follow the Westerly and Southerly
boundary of said tract recorded in Book 1501 at Page 57:
7. thence South 00 deg. 02 min. 43 sec, West a distance of 50.00 feet;
8. thence South 89 deg. 57 min. 17 sec. East a distance of 229.83 feet
to a point on the Southerly line of parcel No. 239 of a deed recorded
in Book 1853 at Page 624 of the records of said Pueblo County;
the following five (5) courses follow said Southerly line of parcel No.
239 recorded in Book 1853 at Page 624:
9. thence South 71 deg. 15 min. 05 sec. East a distance of 230.71 feet;
10. thence South 71 deg. 44 min. 35 sec. East a distance of 869.20 feet
to a non - tangent curve to the left;
11. thence along the arc of said curve to the left with a radius of
11634.20 feet, a delta angle of 04 deg. 23 min. 28 sec., an arc length
of 891.62 feet, whose long chord bears South 77 deg. 44 min. 05 sec.
East a distance of 891.40 feet;
12. thence South 81 deg. 07 min. 05 sec. East a distance of 722.00
feet;
13. thence South 61 deg. 42 min. 05 sec. East a distance of 386.20 feet
to the East line of the Northeast 1/4 of said Section 16;
14. thence South 01 deg. 35 min. 42 sec. East along said East line, a
distance of 867.26 feet to the most Northerly point of parcel No. 39 of
a deed recorded in Book 1853 at Page 624 of the records of said Pueblo
County;
the following three (3) courses follow the Westerly line of said parcel
No. 39 recorded in Book 1853 at Page 624:
15. thence South 16 deg. 24 min. 33 sec. West a distance of 358.50
feet;
16. thence South 09 deg. 48 min. 33 sec. West a distance of 1138.60
feet;
17. thence South 00 deg. 01 min. 03 sec. West a distance of 2055.36
feet to the True Point of Beginning of this description.
�A
the Southwest 1/4 of Section 17, Township 20 South, Range 65 West of
the 6th Principal Meridian, County of Pueblo, State of Colorado.
AND
the South 1/2 of Section 18, Township 20 South, Range 65 West of the
6th Principal Meridian, County of Pueblo, State of Colorado.
AND
the North 1/2; the North 1/2 of the Southwest 1/4; the North 1/2 of the
11111111111111111111111111111111111111111111111111111 IN
1390938 07/02/2001 01:33P BS DEED Chris C. I lo:
3 of 5 R 25.00 D 0.00 Pueblo Cty Clerk & Rae
1 1 IN
1390338 07/02/2001 01:33P BS DEED Chris C. Munoz
4 of 5 R 25.00 D 0.00 Pueblo Cty Clerk & Ree
Southeast 1/4 and the Southeast 1/4 of the Southeast 1/4, all in
Section 19, Township 20 South, Range 65 West of the 6th Principal
Meridian, County of Pueblo, State of Colorado.
AND
the Northwest 1/4; the North 1/2 of the Northeast 1/4; the Southeast
1/4 of the Northeast 1/4, the East 1/2 of the Southeast 1/4; and the
Southwest 1/4 of the Southeast 1/4, all in Section 20, Township 20
South, Range 65 West of the 6th Principal Meridian, County of Pueblo,
State of Colorado.
AND
the Northwest 1/4; the Southwest 1/4 of the Northeast 1/4; the East 1/2
of the Southwest 1/4; the Southwest 1/4 of the Southeast 1/4, all in
Section 21, Township 20 South, Range 65 West of the 6th Principal
Meridian, County of Pueblo, State of Colorado, along with a tract of
land
located in the Southeast 1/4 of the Southeast 1/4 of said Section 21,
more particularly described as follows:
Commencing at the Southeast corner of said Section 21;
thence South 89 deg. 18 min. 06 sec. West along the South line of the
Southeast 1/4 of said Section 21, a distance of 400.00 feet to the True
Point of Beginning of this description:
1. thence South 89 deg. 18 min. 06 sec. West continuing along the South
line of the Southeast 1/4 of said Section 21, a distance of 915.83 feet
to the Southwest corner of the Southeast 1/4 of the Southeast 1/4 of
said Section 21;
2. thence North 00 deg. 34 min. 49 sec. West along the West line of
said Southeast 1/4 of the Southeast 1/4, a distance of 1319.07 feet to
the Northwest corner of said Southeast 1/4 of the Southeast 1/4;
3. thence North 89 deg. 21 min. 02 sec. East along the North line of
said Southeast 1/4 of the Southeast 1/4, a distance of 966.33 feet to
the Northwest corner of Parcel No. 35 as recorded in Book 1853 at Page
624 of the records of said Pueblo County;
4. thence South 01 deg. 36 min. 49 sec. West along the West line of
said Parcel No. 35, recorded in Book 1853 at Page 624,
a distance of 1319.32 feet to the True Point of Beginning of this
decription.
AND
A tract of land located in the North 1/2 of Section 28, Township 20
South, Range 65 West of the 6th Principal Meridian, County of Pueblo,
State of Colorado, more particularly described as follows:
Commencing at the Northeast corner of said section 28; thence South 89
deg. 18 min. 06 sec. West along the North line of the Northeast quarter
of said Section 28, a distance of 400.00 feet to a point on the West
line of of Parcel No. 35 recorded in Book 1853 at Page 624 of the
records of said Pueblo County, said point being the True Point of
Beginning of this Description:
1. thence South 03 deg. 46 min. 43 sec. East along the West line of
said Parcel No. 35 as recorded in Book 1853 at Page 624, a distance of
1741.94 feet to the Northerly right -of -way line of the relocated Denver
and Rio Grande Western Railroad Co. as recorded in Book 2121 at Page
698 of the records of said Pueblo County, said point being on a
non - tangent curve to the left;
The following six (6) courses follow said Northerly right -of -way line
of the Rio Grande Western Railroad Co. as recorded in Book 2121 at Page
698;
2. thence along the arc of said curve to the left with a radius of
3364.17 feet, a delta angle of 42 deg. 27 min. 56 sec, an arc length of
2493.40 feet, whose long chord bears South 89 deg. 32 min. 10 sec. West
a distance of 2436.72 feet;
3. thence South 67 deg. 48 min. 08 sec. West a distance of 517.08 feet
to a non - tangent curve to the left;
4. thence along the arc of said curve to the left with a radius of
3399.17 feet, a delta angle of 11 deg. 08 min. 42 sec., an arc length
of 661.20 feet, whose long chord bears South 53 deg. 58 min. 57 sec.
West a distance of 660.16 feet;
5. thence South 47 deg. 40 min. 58 sec. West a distance of 102.87
feet;
6. thence South 46 deg. 48 min. 23 sec. West a distance of 100.97
feet;
7. thence South 46 deg. 38 min. 57 sec. West a distance of 89.75 feet;
8. thence North 01 deg. 14 min. 08 sec. West a distance of 2498.28
feet to the North line of the Northwest quarter of said Section 28;
9. thence North 89 deg. 18 min. 40 sec. East along the North line of
the Northwest quarter of said Section 28, a distance of 1371.97 feet to
the North quarter corner of said Section 28;
10. thence North 89 deg. 18 min. 06 sec. East along the North line of
the Northeast quarter of said Section 28, a distance of 2231.66 feet to
the TRUE POINT OF BEGINNING of this description.
111111111111111111111111 ill 1111111 111111 III 11111 11111111 oZ
1390538 @7/02/2001 01:33P BS DEED Chrls C.
5 of 5 R 25.00 D 0.0@ Pueblo C!y Clerk & Ree
1111 IN
r `
a
1390539 07/02/2001 01:33P EASE Chris C. Munoz
1 of 11 R 55.00 D 0.00 Pueblo C!y Clerk & Ree
ARKANSAS RIVER TRAIL EASEMENT
THIS EASEMENT, is made this z ¢� day of �%&t Q
2001, by and
between the STATE OF COLORADO acting by and through the DEPARTMENT OF NATURAL
RESOURCES for the use and benefit of the DIVISION OF PARKS AND OUTDOOR RECREATION
AND BOARD OF PARKS AND OUTDOOR RECREATION (the "State" or "Grantor "), whose
address is 1313 Sherman Street - Room 618, Denver, Colorado, 80203, and City of Pueblo (the "City"
or "Grantee "), a municipal corporation, whose address is 1 City Hall Place, Pueblo, Colorado, 81003.
WITNESSETH, that the State, for and in consideration of the exchange of Honor Farm lands and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby remise, release, sell and QUIT CLAIM to the City, its successors and assigns, forever, a non-
exclusive twenty -five (25) foot wide easement and right -of -way (the "River Trail Easement ") as further
described below and subject to the conditions herein, for an existing paved public trail and any existing
utility lines, through, over and across the property of the State located in Sections 31, 32 and 33,
Township 20 South, Range 65 West of the 6"' P.M. (the "Easement Property "), as generally shown on
AV Exhibit A hereto.
, 1. EASEMENT DESCRIPTION, PURPOSES. The Easement herein granted shall be for the purposes
of i) constructing, maintaining, repairing and replacing a paved recreational trail for non - motorized
public use, and ii) constructing, operating, maintaining, repairing and replacing existing utility lines
owned and operated by the City.
2. CONSTRUCTION, INSTALLATION, MAINTENANCE. All construction, installation and
maintenance (including but not limited to initial construction, reconstruction, repair, replacement and
removal) of the trail and utility lines shall be the sole responsibility and expense of Grantee, it's agents,
contractors, employees and licensees. No storage of construction equipment, materials, supplies or fill
material shall be allowed on adjoining property of the State, without the State's prior written consent
which will not be unreasonably withheld or delayed.
3. EASEMENT NON - EXCLUSIVE. The Easement hereby granted is non - exclusive and Grantee
consents to share a portion of the subject Easement Property with any other party designated in writing
by the State provided the use by any such party shall in no way interfere with the purposes stated
herein.
4. BINDING EASEMENT. The Easement herein granted shall be a burden upon and shall run with
the Easement Property in perpetuity, and shall bind Grantor, its successors and assigns forever.
5. STATE AND CITY LIABILITY EXPOSURE. Notwithstanding any other provision of this
Easement to the contrary, no term or condition of this Easement shall be construed or interpreted as a
waiver, either expressed or implied, of any of the immunities, rights, benefits or protection provided to
the State and to the City under the Colorado Governmental Immunity Act 24 -10 -101, et seq. C.R.S., as
amended or as may be amended (including, without limitation, any amendments to such statute, or
under any similar statute which is subsequently enacted). The parties hereto understand and agree that
liability for claims for injuries to persons or property arising out of the negligence of the City or the
State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled
and limited by the provisions of 24 -10 -101, et seq. C.R.S., as amended or as may be amended, and 24-
11111111111111111111111111111111111111111111111111111111111 1111
1390339 07/02/2001 01:33P EASE Chris C. Munoz
2 of 11 R 55.00 D 0.00 Pueblo Cty Clerk & Rec
30 -1501, et seq., C.R.S., as amended or as may be amended. Any provision of this Easement,
whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified so
as to limit any liability of the State and City to the above cited laws.
IN WITNESS WHEREOF, the Grantor has executed this Easement as of the date first set forth above.
GRANTOR:
STATE OF COLORADO
Bill Owens, Governor
By
Tom Kenyon, Acting Director
Colorado Division of Parks and Zdoor Recreation
STATE OF COLORADO )
( 0 4 aHd )ss
COUNTY OF Dt-Ptvv )
�y
The foregoing Easement was acknowledged before me this 2 4 day of
S vLe , 2001 by To Gti Ken yo h i b iy e cbr
Witness my hand and official seal.
My commission expires: My Commission Expires March 19, 2003
0' A%00 %4-L�
Notary Pj&1i
Ole OTARp
rJ
' 5 % pli s oo ? O
9 Q�'
''''4�� of C
1111111111111111111111111111111111111111111111111111111
1390539
07/02/2001
01:33P EASE Chris C.
Muno:
3 of 11
R 55.00 D
0.00 Pueblo C!y Clerk
& Rec
EXHIBIT A
PAGE 1 OF 9
A 30.00 FOOT EASEMENT FOR TRAIL PURPOSES LOCATED IN A PORTION OF
SECTIONS 32,33 AND 34, ALL IN TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH
PRINCIPAL MERIDIAN, PUEBLO COUNTY, COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A TRAIL EASEMENT BEING 30.00 FEET IN WIDTH, 15.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF STATE
HIGHWAY 45 (PUEBLO BOULEVARD) FROM WHICH POINT THE EAST QUARTER
CORNER OF SAID SECTION 33 BEARS S09 0 24'53 "W A DISTANCE OF 1275.12 FEET;
1. THENCE N85 0 49'30 "W A DISTANCE OF 68.10 FEET TO A POINT OF CURVE TO
THE LEFT;
2. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF
2700.00 FEET, A DELTA ANGLE OF 09 °08'53 ", AN ARC LENGTH OF 431.09
FEET, WHOSE LONG CHORD BEARS S89 0 36'03 "W A DISTANCE OF 430.63
FEET;
3. THENCE S85 0 01'37 "W A DISTANCE OF 151.35 FEET;
4. THENCE S81 0 51'58 "W A DISTANCE OF 123.06 FEET;
5. THENCE S74 °54' 17 "W A DISTANCE OF 99.77 FEET;
6. THENCE S78 0 29'06 "W A DISTANCE OF 92.40 FEET TO A POINT OF CURVE TO
THE RIGHT;
7. THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS
OF 250.00 FEET, A DELTA ANGLE OF 24 0 13'13 ", AN ARC LENGTH OF 105.68
FEET, WHOSE LONG CHORD BEARS N89 8"W A DISTANCE OF 104.90
FEET;
8. THENCE N77 "W A DISTANCE OF 54.04 FEET TO A POINT OF CURVE TO
THE LEFT;
9. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF
250.00 FEET, A DELTA ANGLE OF 11 0 40'59 ", AN ARC LENGTH OF 50.98 FEET,
WHOSE LONG CHORD BEARS N83 I "W A DISTANCE OF 50.89 FEET;
10. THENCE N88 0 58'40 "W A DISTANCE OF 214.36 FEET;
11. THENCE N81 0 21'31 "W A DISTANCE OF 112.88 FEET;
12. THENCE N74 °35' 13 "W A DISTANCE OF 87.69 FEET TO A POINT OF CURVE TO
THE RIGHT;
13. THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS
OF 300.00 FEET, A DELTA ANGLE OF 09 0 37'34 ", AN ARC LENGTH OF 50.40
FEET, WHOSE LONG CHORD BEARS N69 °46'26 "W A DISTANCE OF 50.34 FEET;
14. THENCE N65 0 12'23 "W A DISTANCE OF 233.43 FEET;
15. THENCE N62 0 28'47 "W A DISTANCE OF 88.05 FEET;
16. THENCE N59 0 07'35 "W A DISTANCE OF 261.04 FEET;
17. THENCE N61 0 23'24 "W A DISTANCE OF 185.66 FEET;
18. THENCE N55 °51' 16 "W A DISTANCE OF 359.84 FEET TO A POINT OF CURVE TO
THE RIGHT;
19. THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS
OF 75.00 FEET, A DELTA ANGLE OF 25 °51' 10 ", AN ARC LENGTH OF 33.84
FEET, WHOSE LONG CHORD BEARS N42 °55'41 "W A DISTANCE OF 33.55 FEET;
20. THENCE N30 0 00'06 "W A DISTANCE OF 11.82 FEET TO A POINT OF CURVE TO
THE LEFT;
111111 11111
1390539
111111 11111
07/02/2001
111 1111111 111111 III IIIII
01:33P EASE Chris C.
IIII IIII
Muno:
4 of 11
R 55.00 D
0.00 Pueblo Cty Clerk
& Ree
EXHIBIT A
PAGE 2 OF 9
21. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF
25.00 FEET, A DELTA ANGLE OF 64 °45'20 ", AN ARC LENGTH OF 28.25 FEET,
WHOSE LONG CHORD BEARS N62 A DISTANCE OF 26.77 FEET;
22. THENCE S85 0 14'34 "W A DISTANCE OF 67.30 FEET;
23. THENCE S82 1'21"W A DISTANCE OF 411.58 FEET;
24. THENCE S86 0 25'55 "W A DISTANCE OF 138.76 FEET;
25. THENCE S82 0 49'57 "W A DISTANCE OF 233.62 FEET;
26. THENCE S89 0 35'01 "W A DISTANCE OF 101.56 FEET;
27. THENCE N87 0 50'44 "W A DISTANCE OF 94.68 FEET;
28. THENCE N79 0 54'43 "W A DISTANCE OF 159.09 FEET;
29. THENCE S80 0 42'20 "W A DISTANCE OF 76.44 FEET TO A POINT OF CURVE TO
THE LEFT;
30. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF
200.00 FEET, A DELTA ANGLE OF 48 0 13'54 ", AN ARC LENGTH OF 168.36 FEET,
WHOSE LONG CHORD BEARS S56 0 35'23 "W A DISTANCE OF 163.43 FEET;
31. THENCE S23 0 21'51 "W A DISTANCE OF 53.21 FEET;
32. THENCE S51 0 43'05 "W A DISTANCE OF 289.10 FEET;
33. THENCE N43 0 55'38 "W A DISTANCE OF 19.72 FEET;
34. THENCE N23 0 30'57 "W A DISTANCE OF 28.69 FEET TO A POINT OF CURVE TO
THE LEFT;
35. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF
30.00 FEET, A DELTA ANGLE OF 82 °49'44 ", AN ARC LENGTH OF 43.37 FEET,
WHOSE LONG CHORD BEARS N64 0 55'49 "W A DISTANCE OF 39.69 FEET;
36. THENCE S73 °39' 19 "W A DISTANCE OF 337.21 FEET;
37. THENCE S61 1'36"W A DISTANCE OF 223.11 FEET TO A POINT OF CURVE TO
THE LEFT;
38. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF
60.00 FEET, A DELTA ANGLE OF 51 °10'37 ", AN ARC LENGTH OF 53.59 FEET,
WHOSE LONG CHORD BEARS S36 0 16'17 "W A DISTANCE OF 51.83 FEET;
39. THENCE S10 0 40'58 "W A DISTANCE OF 86.43 FEET;
40. THENCE S63 0 44'01 "W A DISTANCE OF 26.97 FEET;
41. THENCE N83 0 19'38 "W A DISTANCE OF 106.42 FEET;
42. THENCE S55 0 46'56 "W A DISTANCE OF 337.33 FEET;
43. THENCE S38 0 19'04 "W A DISTANCE OF 457.73 FEET;
44. THENCE S40 0 33'48 "W A DISTANCE OF 115.71 FEET;
45. THENCE S45 0 18'49 "W A DISTANCE OF 270.80 FEET;
46. THENCE S52 °12'1 6 "W A DISTANCE OF 60.27 FEET;
47. THENCE S49 0 35'12 "W A DISTANCE OF 252.10 FEET;
48. THENCE S39 0 39'29 "W A DISTANCE OF 137.20 FEET;
49. THENCE S51 0 23'28 "W A DISTANCE OF 215.33 FEET;
50. THENCE S56 0 00'04 "W A DISTANCE OF 143.23 FEET;
51. THENCE S41 0 28'56 "W A DISTANCE OF 64.61 FEET;
52. THENCE S60 0 52'27 "W A DISTANCE OF 222.34 FEET;
53. THENCE S70 0 58'56 "W A DISTANCE OF 189.24 FEET;
54. THENCE S60 0 34'46 "W A DISTANCE OF 44.37 FEET;
55. THENCE S76 0 04'01 "W A DISTANCE OF 31.81 FEET;
56. THENCE N74 0 24'52 "W A DISTANCE OF 44.69 FEET;
57. THENCE N82 0 37'57 "W A DISTANCE OF 93.33 FEET;
58. THENCE N79 0 23'30 "W A DISTANCE OF 162.12 FEET;
59. THENCE N71 0 11'16 "W A DISTANCE OF 201.91 FEET;
111111111111111111111111111111111111111111111111111111111111111
1390539 07/02/2001 01:33P EASE Chris C. Munoz
5 of 11 R 55.00 D 0.00 Pueblo C!y Clerk & Ree
EXHIBIT A
PAGE 3 OF 9
60. THENCE N82 0 48'07 "W A DISTANCE OF 121.28 FEET;
61. THENCE S89 0 26'39 "W A DISTANCE OF 242.98 FEET;
62, THENCE N73 0 53'21 "W A DISTANCE OF 155.31 FEET;
63. THENCE N78 0 55'35 "W A DISTANCE OF 140.87 FEET TO A POINT OF CURVE TO
THE RIGHT;
64. THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS
OF 300.00 FEET, A DELTA ANGLE OF 35 °26'17 ", AN ARC LENGTH OF 185.55
FEET, WHOSE LONG CHORD BEARS N61 °12'26 "W A DISTANCE OF 182.61
FEET;
65. THENCE N43 0 29' 18 "W A DISTANCE OF 261.60 FEET;
66. THENCE N46 0 48'45 "W A DISTANCE OF 139.88 FEET;
67. THENCE N43 0 20'53 "W A DISTANCE OF 106.45 FEET TO A POINT OF CURVE TO
THE LEFT;
68. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF
250.00 FEET, A DELTA ANGLE OF 47 0 57'38 ", AN ARC LENGTH OF 209.27 FEET,
WHOSE LONG CHORD BEARS N67 0 19'42 "W A DISTANCE OF 203.21 FEET;
69. THENCE S88 0 41'29 "W A DISTANCE OF 428.19 FEET;
70. THENCE S84 0 18'34 "W A DISTANCE OF 223.60 FEET;
71. THENCE S78 0 34'56 "W A DISTANCE OF 185.44 FEET;
72. THENCE S70 1'09"W A DISTANCE OF 131.11 FEET;
73. THENCE S61 0 39'31 "W A DISTANCE OF 188.95 FEET;
74. THENCE S55 0 28'20 "W A DISTANCE OF 131.72 FEET;
75. THENCE S47 0 47'37 "W A DISTANCE OF 145.92 FEET;
76. THENCE S42 °3 1'56 "W A DISTANCE OF 86.84 FEET;
77. THENCE S36 0 55'44 "W A DISTANCE OF 145.73 FEET;
78. THENCE S33 0 08'46 "W A DISTANCE OF 136.12 FEET;
79. THENCE S28 0 00'48 "W A DISTANCE OF 115.44 FEET;
80. THENCE S22 °3 1'08 "W A DISTANCE OF 146.38 FEET;
81. THENCE SO4 0 33'58 "W A DISTANCE OF 131.63 FEET;
82. THENCE S19 0 13'36 "E A DISTANCE OF 72.32 FEET;
83. THENCE S34 0 03'58 "E A DISTANCE OF 42.46 FEET;
84. THENCE S09 0 50'55 "E A DISTANCE OF 94.56 FEET;
85. THENCE S38 0 49'37 "W A DISTANCE OF 42.57 FEET TO A POINT OF CURVE TO
THE RIGHT;
86. THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS
OF 85.00 FEET, A DELTA ANGLE OF 44 AN ARC LENGTH OF 65.35
FEET, WHOSE LONG CHORD BEARS S60 °51'13 "W A DISTANCE OF 63.76 FEET;
87. THENCE S82 0 52'49 "W A DISTANCE OF 58.31 FEET TO A POINT ON THE WEST
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 32, FROM WHICH
POINT THE WEST QUARTER CORNER OF SAID SECTION 32 BEARS
NO 0 30'40 "W A DISTANCE OF 887.38 FEET, SAID POINT ALSO BEING THE
POINT OF TERMINUS OF SAID CENTERLINE
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 SECTION LINES THAT
THE POINT OF BEGINNING AND POINT OF TERMINUS ARE A PART OF.
111111 11111 111111 11111 III 1111111 111111 III 11111 1111 IN
1390539 07/02/2001 01:33P EASE Chris C. Munoz
6 of 11 R 55.00 D 0.00 Pueblo Cty Clerk & Rec
EXHIBIT A
PAGE 4 OF 9
BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE EAST LINE OF THE SOUTHEAST
QUARTER OF SECTION 33, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH P.M., WHICH IS
ASSUMED TO BEAR N00 0 40'27 "W, FROM THE SOUTHEAST CORNER OF SAID SECTION 33 (A
BRASS TACK IN LEAD PLUG IN MONUMENT BOX), TO THE EAST QUARTER CORNER OF
SAID SECTION 33 (A 6 "X6" SANDSTONE W/TACK IN SHINER IN MONUMENT BOX).
THE FOREGOING DESCRIPTION WAS PREPARED BY:
RAYMOND JOSEPH PECHEK PLS 24964
FOR AND ON BEHALF OF URS
9960 FEDERAL DRIVE, SUITE 300
COLORADO SPRINGS, COLORADO 80921
(719) 531 -0001
JUNE 26, 2001
m ■
EAST R.O.W. LINE
OF STATE HWY. 45
C12 ` \
L 75
L77
EXISTING 8.00'
CONC. TRAIL BEGIN TRAIL—/ Nn
EAST QUARTER COR.
OF SEC. 32 -
LINE TABLE
LINE
LENGTH
BEARING
L70
54.04
N77*17'41'W
L71
92.40
S78
L72
99.77
S74*54'17'W
L73
123.06
S81*51'58'W
L74
151.35
S85*01'37oW
L75,
70.231
N85*49'30'W
L761
117.77
N:*59'1 w
4.571
K 58 ;45;46R
CURVE TABLE
CURVE
LENG
RADIUS
DELTA
10
.98
250.00
11 -405
05.68
250.00
24"13'1 Y
C121
431.09
2700.00
09
1111111 111111111111111111111111111111111111111111111111111111 IN III
%Q M7/019/29igil M1 -%%P 1:10IM: Mr-14m (' Ma
L74
1"=100'
7 of 11 R 55.00 D 0.00 Pueblo Cty Clark & Rec
PUEBLO EXHIBIT
Um 30' TRAIL EASEMENT A
PRGJ. NO. 0742409 5 OF 9
74 2 4 99\cacl\survey\ptans\lolocks\TRAIL.ciwg 06/22/2001 02 PM MDT
i
X68 ry
j
�6l
C9
CL TRAIL
-- - EASEMENT
L58
t
EXISTING 8.00' 1 ' t
CONC. TRAIL
-N-
I
- N-
DINE TABLE
LINE
LENGTH
BEARING
L53
L54
76.44
159.09
S80
N79
L55
94.68
N87
L56
101456
S89
L57
233.62
S82
L58
138.76
S86
L59
411.58
S82
L60
67.30
S85
L61
11.82
N30•00'06'W
L62
359.84
N55
L63
185.66
N61
L64
261.04
N59
L65
88,05
N62
1-66
233.43
N65
L67
87.69
N7 13'W
L68
112.88
N81
L691
214.36
N88
CURVE TABLE
CURVE
LENGTH
I RADIUS
I DELTA
C7
C8
28.25
33.841
25.00
75.00
C9
50.401
300.00
1"=100
ti
w
z
100 0 100 200
I IIIIII lllli IIIIII VIII Ill VI'I'I IIIIII III lull IIII I'll
1390339 07/02/2001 01:33P EASE Chris C. Munoz
8 of 11 R 55.00 D 0.00 Pueblo Cty Clerk & Ree
PUEBLO EXHIBIT
30' TRAIL EASEMEN T A
6 OF 9
PRQI. NO. 6742409
2499 \cad \sur7e
X
�
EXISTING 8.00'
CONC. TRAIL
L47
LINE TABLE
LINE
I LENGTH
BEARING
L3B
252.10
S49
L39
60.27
S52
L40
270.80
S45'18'49'W
L41
115.71
S40'33'48'W
L42
457.73
S38'19'04'W
L43
337.33
S55
L44
106.42
N83
L45
26.97
S63'44'01'W
L46
86.43
S10'40'58'W
L47
223.11
S61'51'36'W
L48
337.21
S73'39'19'W
L49
28.69
N23
L50
19.72
N43
L51
289.10
S51'43'05'W
L 2f
53.21
S23
IIIIII Ilul IIIIII Illil ul IIIIIII IIIIII III Illu IIII III
1390539 07/02/2001 01:33P EASE Chris C. Munoz
W of li R 00.00 U 0.00 Pueblo Gty G1erK A ReC
PUEBLO EXHIBIT
Um 30' TRAIL EASEMENT A
PROD. MD. 8742409 7 OF 9
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
C4
53.59
60.00
57'10'37'
C5
43.37
30.0018T49'44'
C6
168.36
200.00
48'13'54'
1 " =100'
ntfilel \6742499 \cad \survey
CURVE TABLE
CURVE
I LENGTH I
RADIUS
I DELTA
C31
185.551
300.00
35'2817
L21
LINE TABLE
LINE
LENGTH
BEARING
L20
139.88
N46'48'45'W
L21
261.60
N43
L22
140.87
N78.55'35'W
L23
155.31
N73'53'21'W
L24
242.98
S89'26'39'W
L251
121.28
N82'48'07'W
201.91
N71'11'16'W
L27
162.12
N79
L28
93.33
N82'37'57'W
M44 L26
L29
.69
N74 . 24'52'W
L30
31.81
S76'04'Ol'W
L31
44.37
s60 *34'46'W
L32
189.24
S70'58'56'W
L33
222.34
S60'52'27'W
L341
64.61
S41
L35
143.23
S56'00'04'W
L36
215.33
S51'23'28'W
1-37
137.20
S39'39'29'W
1 " =100'
I
1390539 07/02/2001 01:33P EASE Chris C. Munoz
10 of 11 R 55.00 D 0.00 Pueblo Cl.y Clerk & Ree
PUEBLO EXHIBIT
Um 30 TRAIL EASEMENT A
PROD. NO. 6742409 8 OF 9
\ \s031ntfllel\ 6742499 \cad \survey \plans \blocks \TRAIL.dwg 06/22/2001 02 PM MDT
iir
v
WEST LINE OF SEC. 32
WEST QUARTER CORNER
SEC. 32
CL TRAIL EASEMENT
L3
L6
Z
:3
1"=100
0 100 200
I 11111111111111111111111111111111111111111111111111111111111111 IN
1390539 07/02/2001 01:33P EASE Chris C. Munoz
11 of 11 R 55.00 D 0.00 Puebla Cty Clark & Roe
PUEBLO EXHIBIT
30' TRAIL EASEMENT A
9 OF 9
sury e y \ pLoLn s Vot ock s\
111111 OF 1111111111111111111111111111111111111
13 90540 07/02/2001 01:33P EASE Chris C. Munoz
1 of 3 R 15.00 D 0.00 Pueblo Cty Clerk & Ree
RAPTOR CENTER /NATURE CENTER EASEMENT
THIS EASEMENT, is made this Z day of 'T" h,-- 2001 by and
between the STATE OF COLORADO acting by and through the DEPARTMENT OF NATURAL
RESOURCES for the use and benefit of the DIVISION OF PARKS AND OUTDOOR RECREATION
AND BOARD OF PARKS AND OUTDOOR RECREATION (the "State" or "Grantor "), whose
address is 1313 Sherman Street - Room 618, Denver, Colorado, 80203, and City of Pueblo (the "City"
or "Grantee "), a municipal corporation, whose address is 1 City Hall Place, Pueblo, Colorado, 81003.
WITNESSETH, that the State, for and in consideration of the exchange of Honor Farm lands and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby remise, release, sell and QUIT CLAIM to the City, its successors and assigns, forever, a non -
exclusive easement and right -of -way (the "Raptor Center /Nature Center Easement ") as further described
below and subject to the conditions herein, for ingress and egress along an existing road, and any existing
utility lines serving the Raptor Center and Nature Center facilities operated by the City, through, over and
across the property of the State located in Sections 28 and 33, Township 20 South, Range 65 West of the
6' P.M. (the "Easement Property"), as generally shown on Exhibit A hereto.
1. EASEMENT DESCRIPTION, PURPOSES. The Easement herein granted shall be for the purposes
of i) ingress and egress along an existing road identified as Nature Center Road for the City and the
public to the Raptor Center and Nature Center facilities, and ii) constructing, operating, maintaining,
repairing and replacing utility lines currently serving the City's Raptor and Nature Center facilities,
including but not limited to a septic line and leach field.
2. CONSTRUCTION, INSTALLATION, MAINTENANCE. All construction, installation and
maintenance (including but not limited to initial construction, reconstruction, repair, replacement and
removal) of the road except any portion of the road which is considered to be a County Road and utility
lines shall be the sole responsibility and expense of Grantee, it's agents, contractors, employees and
licensees. No storage of construction equipment, materials, supplies or fill material shall be allowed on
adjoining property of the State, without the State's prior written consent which will not be unreasonably
withheld or delayed.
3. EASEMENT NON - EXCLUSIVE. The Easement hereby granted is non - exclusive and Grantee
consents to share a portion of the subject Easement Property with any other party designated in writing
by the State provided the use by any such party shall in no way interfere with the purposes stated
herein.
4. BINDING EASEMENT. The Easement herein granted shall be a burden upon and shall run with
the Easement Property in perpetuity, and shall bind Grantor, its successors and assigns forever.
5. STATE AND CITY LIABILITY EXPOSURE. Notwithstanding any other provision of this
Easement to the contrary, no term or condition of this Easement shall be construed or interpreted as a
waiver, either expressed or implied, of any of the immunities, rights, benefits or protection provided to
the State and to the City under the Colorado Governmental Immunity Act 24 -10 -101, et seq. C.R.S., as
amended or as may be amended (including, without limitation, any amendments to such statute, or
under any similar statute which is subsequently enacted). The parties hereto understand and agree that
liability for claims for injuries to persons or property arising out of the negligence of the City or the
�5 �J 624 7
State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled
and limited by the provisions of 24 -10 -101, et seq. C.R.S., as amended or as may be amended, and 24-
30 -1501, et seq., C.R.S., as amended or as may be amended. Any provision of this Easement,
whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified so
as to limit any liability of the State and City to the above cited laws.
IN WITNESS WHEREOF, the Grantor has executed this Easement as of the date first set forth above.
GRANTOR:
STATE OF COLORADO
Bill Owens, Governor
By
Tom Kenyon, Acting Director
Colorado Division of Parks and O door Recreation
STATE OF COLORADO )
C * c{ )ss
COY OF Diva )
�h
The foregoing Easement was acknowledged before me this 2 q day of
�un'i1 , 2001 by 7Oy►ti Ixc4i �� Me c1
Witness my hand and official seal.
� Al
My Commission Expires March 19, 2003 a , &0401c
Notary P461i
My commission expires:
````` `O Oa 1 A#
Q� 9p
o :o
PU 81►�G }+' Q
" ' 111 mill 111\
111111111111111111111111111111111111
1390540 07/02/2001 31:33P EASE Chris C.
2 of 3 R 15.00 D 0.00 Pueblo Ct.y Clerk & Rea
2
111111111111 ii1111111 1
1390°140 07/02/2001 01: 33P EASE Chris M umoz
1 of 3 R 13.00 D 0.00 Pueblo C!y Clerk &Ree
CEN��R RO
N P��RE
WATER MANHOLE
AND HYDRANT
WATER MANHOLE
- 0 -
PPROX.
LEACH
FIELD
APPROX.
SEWER LINE
SEWER LIFT
STATION MANHOLES
26, 2001
N O. 67423
-0- - 05ECT100 -28 -1 3
SECTION 33
SEWER MANHOLE
BLD WATER VALVE
B a
RAPTOR CENTER
INCOMING PO WER LEASE AREA
AND TELEPHONE ON �_- s�5 %�✓
NORTH -SOUTH LINE
-a- 0C�
1 0,
'0�
ARKANSAS RI
r �l rESTTEIN
G NATURE
1
EXHIBIT A
-o-
0 0
W �
_j O
2 Q
STREE GRAVEL
0
r
CPO oI
m
o
�P G �� S SI F '
NOTE: SEWER LINE
AND LEACH FIELD ARE
APPROXIMATE
LOCATIONS
m
STATE HONOR FARM TRADE - NATURE CENTER ROAD
SCALE 1" =500'
FIGURE
1
111111111111 IN
1390541 07/02/2001 01:33P AGREE Chris C. Munoz
1 of S R 40.00 D 0.00 Pueblo Cty Clerk & Ree
HONOR FARM PROPERTY
RAPTOR CENTER LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease "), is made and entered into this zq day of
Zutie,- , 2001, by and between the STATE OF COLORADO acting by and through
the DEPARTMENT OF NATURAL RESOURCES, for the use and benefit of the DIVISION OF
PARKS AND OUTDOOR RECREATION and Board of Parks and Outdoor Recreation (the "State" or
"DPOR "), whose address is 1313 Sherman Street, Room 618, Denver, Colorado 80203, and the City
of Pueblo (the "City "), a municipal corporation, whose address is 1 City Hall Place, Pueblo, Colorado,
81003.
WHEREAS, the DPOR has the statutory authority by C.R.S. 33 -10 -107 (1)(b) to lease property
not required for park and recreation purposes; and
WHEREAS, the City has been using, operating and in possession of the land and buildings
know as the Raptor Center, under that certain Lease Agreement dated April 10, 1995, however said
Lease Agreement will terminate upon the DPOR's sale of lands to the north to the City, and the DPOR
will retain ownership of the Raptor Center land and buildings; and
WHEREAS, pursuant to that certain Purchase and Sale Agreement between the parties hereto
dated June 25, 2001 , the DPOR agreed to grant a ninety -nine (99) year lease to the City
for the Raptor Center land and buildings.
NOW THEREFORE, in consideration of the premises and the mutual agreements of the DPOR and the
City, it is understood and agreed as follows:
1. GRANT, TERM, CONSIDERATION. The DPOR hereby leases and demises unto the City the land
and buildings known as the Raptor Center property (the "Property ") described in Exhibit A and as
generally shown on Exhibit B, both attached and incorporated hereto. This Lease is effective upon the
closing of the purchase and sale of the northern Honor Farm property (pursuant to the Purchase and
Sale Agreement dated June 25, 2001 ), and the term shall extend for a period of 99 years
from the date of said closing. Consideration for this Lease shall be the keeping of the premises,
covenants and obligations of the City as stated herein.
2. CITY'S USE. The City's use of the Property shall be limited to operations relating to the Nature
Center and the City of Pueblo's Parks Department.
3. ACCESS. The DPOR has granted an easement to the City for the purposes of ingress and egress,
and utility lines to the Property. The DPOR shall have access to the Property at reasonable times and
upon prior notice for inspection of compliance with the terms of this Lease.
4. MAINTENANCE, PRESERVATION OF THE PROPERTY. The City shall not permit, commit, or
allow, and shall protect the Property against, any loss, damage, any dangerous condition, injury or
waste, ordinary wear and tear, and fire, casualty and acts of God excepted. The City shall maintain the
Property and all existing improvements thereon, and any subsequent improvements whether constructed
or installed by the City or State, in good condition and repair, ordinary wear and tear, and fire,
casualty and acts of God excepted. Upon termination of this Lease, all improvements shall (i) become
the Property of the DPOR without cost to the DPOR or compensation to the City, or (ii) be removed by
.7s -736c t7
1111111 11111111111111111111111111111111111111111111111
1390341 07/02/2001 01:33P AGREE Chris C. Munoz
2 of 8 R 40.00 D 0.00 Pueblo Ct,y Clerk & Ree
the City at City's expense without damage to the Property, or if the Property is damaged, the City will
expeditiously repair any such damage.
5. HAZARDOUS MATERIALS. The City shall comply with all applicable federal, state and local
environmental, wetlands protection, health and hazardous waste laws, ordinances and regulations. If
the presence of Hazardous Materials on the Property caused by the affirmative acts of the City during
the term of this Lease results in the contamination of the Property, then the City shall indemnify,
defend and hold the State harmless from any and all claims, judgments, damages, penalties, fines, costs
liabilities or losses which arise during or after the Lease term as a result of such contamination. The
term "affirmative acts of the City" means acts knowingly taken or performed by the City or any of its
officers or employees with the scope of their employment, and excludes an act taken or performed by
any third party or organization. The term "Hazardous Material" includes, without limitation, any
material or substance that is (i) defined or designated as a "hazardous substance ", "hazardous waste"
or "regulated substance" under appropriate state or federal law; (ii) petroleum; or (iii) asbestos.
6. AS IS, WHERE IS. The DPOR makes no warranties or representations whatsoever with respect to
the present condition of the Property. The City acknowledges that it has had the opportunity to inspect
the Property and agrees to take possession of the Property in its present "as is" condition.
7. ASSIGNMENT AND SUBLEASING. No assignment, collateralization, encumbrance, sublease or
use agreement (a "Transfer ") by the City to any person or entity shall be permitted or valid unless
approved in advance in writing by the DPOR, which approval shall not be unreasonably withheld and
shall be deemed given if the DPOR fails to approve or reject such Transfer within 60 days after receipt
thereof by the DPOR. Provided, however, the DPOR hereby consents to the sublease of the Property
to the University of Southern Colorado.
8. UTILITIES. The City shall pay any and all charges for all utilities serving the Property during the
Lease term, and shall be responsible for the upkeep, operation and maintenance of the utilities serving
the Property.
9. THIRD PARTY INDEMNIFICATION. Each agent, contractor, permittee or concessionaire of the
City using, occupying or performing work on or within the Property (the "Indemnifying Party ") shall
agree in writing as part of any contract or agreement with the City that (i) the Indemnifying Party shall
comply with all applicable federal, state and local environmental, wetlands protection, health and
hazardous waste laws, ordinances and regulations, (ii) f the presence of Hazardous Materials on the
Property caused or permitted by the Indemnifying Party or for which the Indemnifying Party is
otherwise legally obligated results in contamination of the Property, the Indemnifying Party shall
remove and remediate the contamination, and (iii) the Indemnifying Party shall indemnify, defend and
hold the City and State harmless from any and all claims, judgments, damages, penalties, fines, costs
liabilities or losses which arise as a result of such contamination or failure to comply with such federal,
state and local environmental, wetlands protection, health and hazardous waste laws, ordinances and
regulations.
10. TERMINATION. The City may terminate this Lease for any reason with sixty (60) days prior
written notice to the DPOR. The City shall, at the termination of this Lease, surrender and deliver up
possession of the Property in as good order and condition as when this Lease was entered into, ordinary
wear and tear excepted, and fire, casualty and acts of God excepted. In the event the DPOR desires to
terminate this Lease for specific nonperformance, the DPOR shall provide the City with ninety (90)
days advance written notice, specifying the nonperformance, and the City shall have ninety (90) days to
F
1 1111111111111111111111111111111111111111111111111111111111
1390541 07/02/2001 01:33P AGREE Chris C. Munoz
3 of S R 40.00 0 0.00 Pueblo Cty Clerk & Rec
correct the specific nonperformance. The DPOR may terminate this Lease, at the DPOR's sole option,
if the City has not corrected said nonperformance within the 90 days specified.
11. STATE AND CITY LIABILITY EXPOSURE. Notwithstanding any other provision of this Lease
to the contrary, no term or condition of this Lease shall be construed or interpreted as a waiver, either
expressed or implied, of any of the immunities, rights, benefits or protection provided to the State or
the City under the Colorado Governmental Immunity Act 24 -10 -101, et seq. C.R.S., as amended or as
may be amended (including, without limitation, any amendments to such statute, or under any similar
statute which is subsequently enacted, or any other law, statutory or common). The parties hereto
understand and agree that liability for claims for injuries to persons or property arising out of the
negligence of the City or of the State of Colorado, its departments, institutions, agencies, boards,
officials and employees is controlled and limited by the provisions of 24 -10 -101, et seq. C.R.S., as
amended or as may be amended, and 24 -30 -1501, et seq., C.R.S., as amended or as may be amended.
Any provision of this Lease, whether or not incorporated herein by reference, shall be controlled,
limited and otherwise modified so as to limit any liability of the State or the City to the above cited
laws.
12. NOTICE. Any notice required or permitted herein shall be in writing and delivered personally or
by first class U.S. mail, to the address or addresses and persons set forth below, provided that the
parties can change their mailing address by providing notice to the other party:
Colorado State Parks With a copy to: Colorado State Parks
2128 N. Weber 1313 Sherman St., Rm. 618
Colorado Springs, CO 80907 Denver, CO 80203
Attn: South Region Manager Attn: Real Estate Coordinator
City of Pueblo With a copy to: City of Pueblo
1 City Hall Place 211 East "D" St.
Pueblo, CO 81003 Pueblo, CO 81003
Attn: City Manager's Office Attn: Dept. of Planning &
Development
13. FIRE OR OTHER CASUALTY. In the event the Property is damaged by fire or other casualty so
that there is partial or total destruction of such Property or such damage renders the Property partially
or wholly untenantable or partially or wholly unfit for the Lessee's purposes, the Lessee may, within 60
days of such occurrence terminate this Lease by giving written notice to the Lessor.
14. PARAGRAPH HEADINGS. The captions and headings set forth herein are for the convenience of
reference only, and shall not be construed so as to define or limit the terms or provisions hereof.
MISCELLANEOUS
15. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be
applied in the interpretation, execution, and enforcement of this Lease. Any provision of this Lease
whether or not incorporated herein by reference which provides for arbitration by any extra judicial
body or person or which is otherwise in conflict with said laws, rules, and regulations shall be
considered null and void. Nothing contained in any provision incorporated herein by reference which
purports to negate this or any other provision in whole or in part shall be valid or enforceable or
available in any action at law whether by way of complaint, defense, or otherwise. Any provision
3
1 11111111111111111111111111111111111111 111111111111 IN
1390341 07/02/2001 01:33P AGREE Chris C. Munoz
4 of 8 R 40.00 D 0.00 Pueblo Cty Clerk & Rec
rendered null and void by the operation of this provision will not invalidate the remainder of this Lease
to the extent that the Lease is capable of execution.
16. The signatories aver that they are familiar with CRS 18 -8301, et. seq., (Bribery and Corrupt
Influences) and CRS 18 -8 -401, et. seq., (Abuse of Public Office), and that no violation of such
provision is present.
17. The signatories aver that to their knowledge, no state employee has any personal or beneficial
interest whatsoever in the service or property described herein:
18. Financial obligations of the State and City payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted and otherwise made available. Neither this Lease
nor any provisions hereof shall be construed as creating or constituting (i) a mandatory payment
obligation of the State or City in any fiscal year beyond a fiscal year in which State or City has
budgeted, appropriated and otherwise made available funds for payment of any financial obligation
imposed on it by this Lease, or (ii) a multiple - fiscal year direct or indirect debt or financial obligation
of the State or City within the meaning of Sec. 20, Art. X of the Colorado Constitution.
IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement on the day first above
written.
CITY OF PUEBLO:
moo � r
t M'
1 1SaJ1l7 1L:Y�VU111i 11 11
1 � a ... y „ tea,► 99 a 11 V
Attest.
City erk
STATE OF COLORADO
BILL OWENS, GOVERNOR
Tom Kenyon, Acting Dire
Division of Parks and 02 tor Recreation
For the Executive Director, Department of
Natural Resources and on behalf of the Board
of Parks and Outdoor Recreation
STATE OF COLORADO )
)ss
COUNTY OF )
V,.1. The foregoing Lease Agreement was acknowledged before me this day of
_ 01'}- _ utn . , 2001 by
'Witness my hand and official seal.
My commission expires: /a
Notary Public
4
STATE OF COLORADO )
COUNTY OF DT -Ve )
444
The foregoing Lease Agreement was acknowledged before me this 2q ' day of
J u itiL
2001 by — r6k vein y o Vt
Witness my hand and official seal.
My commission expires:
My Commission Expires March 19, 2003
c
Notary &bvc
pOR Y,yo %
p• �OTARJ- 20
�= m
S-7 AL BtIC o
F
%R coLOPPO�1`\`
1111111%
1111111 111'1 111111111111111111111 111111 III 11111'111
1390341 07/02/2001 01:33P AGREE Chris C. Munos
3 of 8 R 40.00 D 0.00 Pueblo Cty Clerk 8 Ree
5
EXHIBIT A
RAPTOR LEASE DESCRIPTION:
A TRACT OF LAND LOCATED IN THE S 1/2 OF THE S 1/2 OF SECTION 28 AND THE N 1/2 OF THE
N 1/2 OF SECTION 33, BOTH IN TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 TH PRINCIPAL
MERIDIAN, PUEBLO COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 28; THENCE N88 °26'33 "E
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28, A DISTANCE OF
252.60 FEET; THENCE SO1 °42'34 "E A DISTANCE OF 103.36 FEET TO A POINT ON THE SOUTHERLY
RIGHT -OF -WAY OF A COUNTY ROAD (40 FOOT RIGHT -OF -WAY); THENCE S84 °53'00 "E ALONG
SAID SOUTHERLY RIGHT -OF -WAY, A DISTANCE OF 239.51 FEET TO THE EASTERLY EDGE OF A
GRAVEL ROAD (8 STREET), SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING OF
THIS DESCRIPTION:
1. THENCE N07 0 44'27 "E ALONG THE EASTERLY EDGE OF SAID GRAVEL ROAD (8 STREET), A
DISTANCE OF 595.18 FEET TO THE SOUTHERLY RIGHT -OF -WAY LINE OF NATURE CENTER
ROAD (SAID SOUTHERLY RIGHT -OF -WAY LINE BEING POSITIONED AT 30.00 FOOT
SOUTHERLY AND PARALLEL TO THE CENTER OF THE PAVED PORTION OF SAID NATURE
CENTER ROAD);
THE FOLLOWING NINE (9) COURSES FOLLOW SAID SOUTHERLY RIGHT -OF -WAY LINE OF
NATURE CENTER ROAD:
2. THENCE S74 0 46'50 "W A DISTANCE OF 1914.10 FEET TO A POINT OF CURVE TO THE RIGHT;
3. THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 500.00 FEET,
A DELTA ANGLE OF 21 0 56'09 ", AN ARC LENGTH OF 191.43 FEET, WHOSE LONG CHORD
BEARS S85 0 44'55 "W A DISTANCE OF 190.26 FEET;
4. THENCE N83 0 17'01 "W A DISTANCE OF 133.00 FEET TO A POINT OF CURVE TO THE LEFT;
5. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 170.00 FEET, A
DELTA ANGLE OF 29 0 41'58 ", AN ARC LENGTH OF 88.12 FEET, WHOSE LONG CHORD BEARS
S81 °52'00 "W A DISTANCE OF 87.14 FEET TO A POINT OF COMPOUND CURVE TO THE LEFT;
6. THENCE ALONG THE ARC OF SAID COMPOUND CURVE TO THE LEFT WITH A RADIUS OF
60.00 FEET, A DELTA ANGLE OF 46 °46'21 ", AN ARC LENGTH OF 48.98 FEET, WHOSE LONG
CHORD BEARS S43 °37'5 1 "W A DISTANCE OF 47.63 FEET TO A POINT OF COMPOUND CURVE
TO THE LEFT;
7. THENCE ALONG THE ARC OF SAID COMPOUND CURVE TO THE LEFT WITH A RADIUS OF
1000.00 FEET, A DELTA ANGLE OF 03 °53'42 ", AN ARC LENGTH OF 67.98 FEET, WHOSE LONG
CHORD BEARS S 18° 17'50 "W A DISTANCE OF 67.97 FEET TO A POINT OF COMPOUND CURVE
TO THE LEFT;
8. THENCE ALONG THE ARC OF SAID COMPOUND CURVE TO THE LEFT WITH A RADIUS OF
150.00 FEET, A DELTA ANGLE OF 23 °32'41 ", AN ARC LENGTH OF 61.64 FEET, WHOSE LONG
CHORD BEARS SO4 0 34'38 "W A DISTANCE OF 61.21 FEET TO A POINT OF COMPOUND CURVE
TO THE LEFT;
9. THENCE ALONG THE ARC OF SAID COMPOUND CURVE TO THE LEFT WITH A RADIUS OF
12000.00 FEET, A DELTA ANGLE OF 00 °41'01 ", AN ARC LENGTH OF 143.20 FEET, WHOSE
LONG CHORD BEARS S07 °32' 13 "E A DISTANCE OF 143.20 FEET TO A POINT OF COMPOUND
CURVE TO THE LEFT;
10. THENCE ALONG THE ARC OF SAID COMPOUND CURVE TO THE LEFT WITH A RADIUS OF
500.00 FEET, A DELTA ANGLE OF 17 °35'44 ", AN ARC LENGTHOF 153.55 FEET, WHOSE LONG
CHORD BEARS S16 0 40'36 "E A DISTANCE OF 152.95 FEET;
11. THENCE S27 °03' 15 "W A DISTANCE OF 156.54 FEET;
12. THENCE S28 0 50'55 "E A DISTANCE OF 200.12 FEET;
13. THENCE N61 0 09'05 "E A DISTANCE OF 409.18 FEET;
14. THENCE S02 0 10'02 "E A DISTANCE OF 26.65 FEET;
15. THENCE S83 0 09'02 "E A DISTANCE OF 265.00 FEET;
i 11111111111111111 ill!! III 1111111 111111 III IIIlI IIII IIII
1390541 07/02/2001 01:33P AGREE Chris C. Munos
6 of 8 R 40.00 D 0.00 Pueblo Ct.y Clerk & Roo
EXHIBIT A
16. THENCE S08 0 20'02 "E A DISTANCE OF 122.73 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE
OF THE PUEBLO AND ARKANSAS VALLEY RAILROAD, SAID POINT ALSO BEING A POINT
ON A NON - TANGENT CURVE TO THE RIGHT;
THE FOLLOWING FIVE (5) COURSES FOLLOW SAID NORTHERLY RIGHT -OF -WAY LINE OF THE
PUEBLO AND ARKANSAS VALLEY RAILROAD:
17. THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 1482.68 FEET,
A DELTA ANGLE OF 09 °25'48 ", AN ARC LENGTH OF 244.03 FEET, WHOSE LONG CHORD
BEARS N78 0 53'47 "E A DISTANCE OF 243.75 FEET;
18. THENCE N83 °36'41 "E A DISTANCE OF 753.00 FEET TO A POINT OF CURVE TO THE LEFT;
19. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 905.37 FEET, A
DELTA ANGLE OF 34 0 03'00 ", AN ARC LENGTH OF 538.05 FEET, WHOSE LONG CHORD BEARS
N66 I "E A DISTANCE OF 530.16 FEET;
20. THENCE N49 °33'41 "E A DISTANCE OF 148.90 FEET TO A POINT OF CURVE TO THE RIGHT;
21. THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 1482.69 FEET,
A DELTA ANGLE OF 13 0 49'24 ", AN ARC LENGTH OF 357.71 FEET, WHOSE LONG CHORD
BEARS N56 0 28'23 "E A DISTANCE OF 356.85 FEET;
22. THENCE N84 0 53'00 "W A DISTANCE OF 380.70 FEET TO THE TRUE POINT OF BEGINNING OF
THIS DESCRIPTION.
THE ABOVE TRACT OF LAND CONTAINS 43.98 ACRES, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR EXISTING ROADS, UTILITIES AND INDIVIDUAL SEWAGE
DISPOSAL SYSTEMS OVER GRANTORS PROPERTY, WHICH SERVE THE ABOVE DESCRIBED
PROPERTY AND THE CITY NATURE CENTER LYING CONTIGUOUS TO THE SOUTHWEST
PORTION OF THE ABOVE DESCRIBED PARCEL.
BASIS OF BEARINGS FOR THESE DESCRIPTIONS IS THE WEST LINE OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6Ta P.M., WHICH IS
ASSUMED TO BEAR NOI 14'08 "W, FROM THE WEST QUARTER CORNER OF SAID SECTION 28
(A 3 1/4" BLM BRASS CAP), TO THE NORTHWEST CORNER OF SAID SECTION 28 (A 3 1/4" BLM
BRASS CAP).
THE FOREGOING DESCRIPTION WAS PREPARED BY:
RAYMOND JOSEPH PECHEK PLS 24964
FOR AND ON BEHALF OF URS
9960 FEDERAL DRIVE, SUITE 300
COLORADO SPRINGS, COLORADO 80921
(719) 531 -0001
JUNE 22, 2001
111111111111111111111111111111111111111111111111111111111 IN IN
1390541 07/02/2001 01:33P AGREE Chris C. Munoz
7 of 8 R 40.00 D 0.00 Pueblo Cty Clerk & Ree
111111111111111111111111111111111111111111111111111111111 IN
190341 07/02/2001 01:33P AGREE Chris C. Munoz
of 8 R 40.00 D 0.00 Pueblo Cty Clerk 8 Rec
0
a
D =46'4
R= 0.00
a L= 48.98'
D= 03'53'4 "
R=1000.00'
L= 67.98'
R= 150.00
L= 61.64'
D= 1 7'3�5'44�"
R=
L= 153.55'
R0'
NATURE CENTER
(60' ROW)
s2
JLJNE�00
= 29'41' 58" 0
L=88.12
a
N83'17'01 "W
1 33.00'
(GRAVEL PARKING
D_ 00'41'01"
L= 143.20'
I.•7
EXHIBIT B
19�47O N
Z 2500.00' CEN DER R PO S01'4 E
3.36 ~ �
�_ r�
L= 191.4,3' ��RE 00 o
a �g0 R OW) a SECTION 28- 4 8'26'323 ° Z
SECTION 33 P O C 252.60
40' N ROAD 8TH STREET (GRAVEL
a 4 S84.53'00 "E 239.51 N84'S3 00 W 380.,70
rRETA1Nl G WALL
P.O. B.
BUIL ING BUILDI
III + I LEASE AREA 43 98 AC. �o
D- 34'03'00" ��0��1b.
"E L= 538.05'
122.73'
D= 09'25'48"
R= 1482.68'
� L= 244.0
EXISTI� CI�YI PROPER
R
'KA
AS VALLEY R
ARKANSAS RIVE
j
c :::D
0
tETAININCo. WALL °
C
CAN a
C? o ,
a
n
SCALE 1" =300'
FIGURE
STATE HONOR FARM TRADE - RAPTOR CENTER LEASE 1
11111 1111 IN
1390542 07/02/2001 01:33P EASE Chris C. Munoz
1 of 18 R 90.00 D 0.00 Pueblo Cty Clerk & Rec
DEED OF CONSERVATION EASEMENT
HONOR FARM OPEN SPACE & PARK PARCELS
CITY OF PUEBLO
THIS DEED OF CONSERVATION EASEMENT is granted on this Z Q day of
ZLI-KQ- , 2001 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 the
STATE OF COLORADO, acting by and through the Department of Natural Resources, for the use and
benefit of the Colorado Division of Parks and Outdoor Recreation, having a mailing address of 1313
Sherman Street, Room 618, Denver, CO 80203 ( "Grantee "), for the purpose of forever conserving the
open space, park and recreation character of the subject property.
RECITALS:
A. Grantor is the sole owner in fee simple of certain real property in Pueblo County, Colorado
consisting of 2,353 acres of land described in Exhibit A attached hereto and incorporated herein by this
reference (the "Property").
B. The Property presently contains substantially undeveloped natural areas and as such
possesses natural, wildlife habitat, scenic, open space, and park values ( "Conservation Values ") that are
important to the Grantor, the people of the City of Pueblo, and the State of Colorado, and are worthy of
preservation. The City of Pueblo leased the property from June 26, 1974 until the Property was acquired
from the State of Colorado. In addition the State of Colorado has previously granted easements for roads,
overhead utility lines and a power transmission station on the property that have visually impacted the
general conservation values of the site.
C. The Property is centrally located between the City of Pueblo and the Pueblo West
Metropolitan District and will provide an open space buffer and future park site that will meet recreation
needs of the City of Pueblo. This Property, in combination with the 1,900 acres to the south owned by
the State of Colorado creates a 4,253 acre open space buffer between the City of Pueblo and the Pueblo
West Metropolitan District. The Property contains a relatively undisturbed short grass prairie habitat,
arroyos, public recreation, and a generally undisturbed buffer to Lake Pueblo State Park.
D. The specific Conservation, Open Space, Park and Recreation Values and other
characteristics of the Property are documented in an inventory of relevant features of the Property, dated
June 29, 2001, entitled "Conservation Easement Baseline Inventory: Honor Farm Open Space & Park
Parcels" 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 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 easement.
E. Grantor intends that the Conservation, Open Space, Park and Recreation Values of the
Property be preserved and maintained by the continuation of land use patterns, including, without
limitation, those relating to park and open space areas, and both indoor and outdoor public recreation
facilities.
Page 1 of 13 1 �� 7 3 7
111111 11111
1390542
111111 11111
07/02/2001
III 1111111111111 II! 11111
01:33P EASE Chris C.
IIII IIII
Munoz
2 of 18
R 90.00 D
0.00 Pueblo Cty Clerk
& Rec
F. Grantee is qualified to hold conservation easements pursuant to Section 38- 30.5 - 104(2),
C.R.S., and as certified by a motion of its Board, at its May 25, 2001, meeting, accepts the responsibility
of enforcing the terms of this Easement and upholding its conservation purposes forever.
G. Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to
preserve and protect in perpetuity the Conservation, Open Space, Park and Recreation Values of the
Property for the benefit of this generation and generations to come.
NOW, THEREFORE, in consideration of the above and of good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, and the 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, bargains, sells, and QUITCLAIMS 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 an
open space and /or park condition and to prevent any use of the Property that will significantly impair or
interfere with the Open Space, Park and Recreation Values of the Property. Grantor intends this
Easement will confine the use of the Property to such activities, including without limitation, those
involving open space, parks, public recreation and indoor and outdoor public recreation facilities and
buildings, continuance of the historical operations of the Pueblo Motorsports, Inc. area, the extension of
roadways between Pueblo West and the City of Pueblo, and the extension of roadways that provide
access to recreation facilities and associated parking areas 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, Open Space, Park and Recreation 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
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.
Consistent Uses.
The following uses and practices by Grantor, though not an exhaustive recital, are consistent
with the Easement, so long as (i) notice is given pursuant to Paragraphs 6 and 21 below, if appropriate,
Page 2 of 13
11111111111111111111111111 MIN 111111111 Hill IIII III
1390342 07/02/2001 01:33P EASE Chris C. Munoz
3 of 18 R 90.00 D 0.00 Pueblo C!y Clerk & Rec
and (ii) all such uses and practices are carried out in a manner consistent with the Management Plan, as
periodically amended, as defined below:
a) Recreation Uses. Members of the general public may utilize the Property for any and all types of
indoor and outdoor recreational uses deemed appropriate by Grantor, including but not limited
to, hiking, bicycling on existing trails and roads, nature studies, picnicking, model airplane
activities and motorized uses on designated courses, roadways and trails. To facilitate these
uses, Grantor may use, build, develop, construct, maintain, replace, and repair the following:
1. Golf Courses
2. Landscaped Turfgrass Areas.
3. Lakes & Ponds.
4. Regional Sports Complexes.
5. Campgrounds.
6. Picnic Areas.
7. Swimming Facilities /Water Parks.
8. Recreation Center Facilities.
9. Outdoor Amphitheaters.
10. Outdoor Courts.
11. Wheel Parks. Non - motorized uses including, but not limited to, skateboards, inline skates,
and bicycles.
12. Residential Caretaker HousinjZ.
13. Parking Areas.
14. The Pueblo Motorsports Park. Grantor may continue the historical uses, events, and
activities of the Pueblo Motorsports Park, Inc. which is currently located on the Property.
The Pueblo Motorsports Park, Inc. facilities presently encompass approximately 800 acres
of the Property and are used for the purpose of recreational motorsports activities.
b) Recreation Access Roads. Grantor may construct such roads as may be necessary or desirable to
gain access to public recreation facilities. The exact location of said roadways shall be selected
by Grantor, at which time Grantor must provide Grantee with an exact legal description of such
roadways. The general locations of future public roads are depicted in the Management Plan.
c) Main Arterial Roads. To construct a maximum of two roads as may be necessary or desirable to
gain access from Pueblo West Metropolitan District to Pueblo Boulevard under the terms and
Page 3 of 13
1
1390542
07/02/2001
01:33P EASE
Chris C.
IN
Munoz
4 of 18
R 90.00 D
0.00 Pueblo
Ct.y Clerk
& Rec
conditions contained herein. The exact location of said roadways shall be selected by Grantor, at
which time Grantor must provide Grantee with an exact legal description of such roadways. The
general locations of the future roads connecting the Pueblo West area to Pueblo Boulevard are
depicted in the Management Plan.
d) Trails. Members of the general public may utilize trails on the Property for recreation uses
deemed appropriate by Grantor.
e) Signage. Signs may be erected by Grantor on the Property to identify the Property to the general
public and notify the public of rules, regulations, and where specific uses are allowed on the
Property.
f) Fencing. Existing fences may be repaired, replaced or removed, and new fences may be built on
the Property for public safety, property boundary marking, recreation facility improvements, and
natural resource protection purposes.
g) Underground Utilities. To construct and maintain underground utilities within and across the
Property deemed appropriate by Grantor including but not limited to water, sanitary sewer, storm
water, electrical, cable television and communication lines. The area disturbed by the installation
of the utility shall be restored and revegetated to a condition that is reasonably comparable to the
previous condition of the Property.
h) Public Use. Public use and access to the Property shall be limited and subject to rules and
regulations adopted by Grantor.
i) Existing Easements. Any use or activity permitted or authorized pursuant to easements and
rights -of -way existing or granted prior to the date of this Easement are and will continue to be
permitted uses and activities.
3. 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 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 within the open
space /natural areas on the Property remains 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.
In addition, vegetation may be removed within areas developed for public recreation facilities
and roads as described in paragraph 3 above.
c) Noxious Weeds. The infestation of noxious weeds on the Property is prohibited. For the
purposes of this Easement noxious weeds are defined as those weeds designated pursuant to
Page 4 of 13
111111 11111 111111 11111 III 1111111 111111 III 111111111 IN
1390542 07102/2001 01:33P EASE Chris C. Munoz
Section 35 -5.5 -107 (4)(b), C.R.S. 5 of 18 R 90.00 0 0.00 Puebla Cty Clerk R Roc
d) 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 associated with areas developed for
public recreation facilities as described in paragraph 3 above.
e) Minim. The mining or extracting of soil, sand, gravel, rock, oil, natural gas, coal, fuel or any
other mineral substance is prohibited.
f) Roads, Paving. Except for those roads allowed pursuant to Paragraph 3 above no new roads
shall be constructed on the Property.
g) Commercial Uses. Commercial uses shall not be allowed on the Property, except those uses that
are provided as a service to the public recreation facilities, events, and activities described in
paragraph 3 above. Commercial uses such as concession stands, pro shops, and gift shops
associated with developed recreation facilities described in paragraph 3 above are allowed.
Commercial uses such as hotels and lodging facilities, convenience stores, retail and grocery
stores, hospitals and care centers shall not be allowed on the Property.
h) Residential Development. Residential housing units, townhomes, apartments, or other private or
public housing developments, except for caretaker and dormitory facilities described in paragraph
3 above, are prohibited.
i) Above Ground Utility Easements. Above ground public or private utilities including but not
limited to electrical transmission lines, antennas, radio and television telecommunication towers
shall not be allowed on the Property, except existing and future improvements allowed within pre-
existing utility easements, and utility boxes and equipment cabinets, no greater than four feet in
height and 36 square feet of gross floor area, deemed appropriate by Grantor that serve or benefit
park and recreation facilities.
j) Public Motorized Use. Motorized use by the public on the Property, except on designated roads
and trails, is prohibited. This clause does not limit the right of Grantor and the Grantee to use
motorized vehicles on the Property for management and emergency purposes.
k) Other Motorized Use. Within the limits of the Grantor's authority, Grantor shall not authorize
motorized access by adjacent private property owners across the Property to access their
properties.
5. Land Management Plan.
The property shall be operated and managed in accordance with a land management plan prepared
by Grantor (the "Management Plan"), which shall conform to the provisions of this Easement. The
parties hereto acknowledge that by mutual agreement a Management Plan titled "Honor Farm Open Space
and Park Parcels Management Plan", will be completed and approved by the City of Pueblo City Council
on or before October 1, 2001. 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
Page 5 of 13
1 111111 11111 111111 11111 iii 1111111 111111 iii 11111 IN iii
1390542 07/02/2001 01:33P EASE Chris C. Munoz
6 of 18 R 90.00 D 0.00 Pueblo Cty Clerk & Roe
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 within thirty (30) days
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.
Grantee's failure to provide written comments to Grantor within thirty (30) days after receipt of any
proposed change to the Management Plan shall constitute Grantee's acceptance and consent thereto.
6. Notice of Intention to Undertake Certain Permitted Actions.
Grantor shall notify Grantee prior to undertaking construction on the Property of any roads,
buildings, or other facilities. The purpose of requiring Grantor to notify Grantee prior to undertaking
construction activities is to afford Grantee an opportunity to review so 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. Grantee's failure to
provide written comments to Grantor within thirty (30) days after receipt of any proposed construction
on the Property shall constitute Grantee's acceptance and consent thereto.
7. Responsibilities of Grantor and Grantee Not Affected.
Other than as specified herein, this Easement 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.
8. 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 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. 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 informal discussion process. Should informal discussions fail to resolve the
dispute, Grantee may, at its discretion, take appropriate legal action. If a court with jurisdiction
determines that a violation which could irreversibly diminish or impair the Conservation Values of the
Property 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 any such violation.
Page 6 of 13
111111111111111111111111111111111111111
9. Grantee's Discretion 1390342
07- /02/2001
III 111111111111
01:33P EASE Chris C.
Munoz
7 of 18
R 90.00 D
0.00 Pueblo C1.y Clerk
& Roc
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.
10. Waiver of Certain Defenses.
Grantor hereby waives any defense of laches, estoppel, or prescription provided any action to
enforce a violation of this Easement must be brought within six (6) years from the date of such violation.
11. Acts Beyond Grantor's Control.
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, and earth movement,
vandalism, 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.
12. Costs and Liabilities.
As to Grantee, 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, and the cost of controlling
noxious weeds. Grantor shall keep the Property free of any liens arising out of any work performed for,
materials furnished to, or obligations incurred by Grantor.
13. Taxes.
Grantor shall pay before delinquency any and all real property taxes, assessments, fees, and
charges of whatever description lawfully levied on or assessed against the Property by competent
authority (collectively "taxes "), including any such taxes imposed upon or incurred as a result of, this
Easement, and shall furnish Grantee with satisfactory evidence of payment upon request.
14. Hold Harmless.
To the extent authorized by law, 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 to the negligence of any of the Indemnified Parties; and (2) the presence
or release of hazardous or toxic substances on, under or about the Property occurring on or after the date
Page 7 of 13
111111111111111111111111111111111111111111111111111 IN
1390342 07/02/2001 01:33P EASE Chris C. Munoz
8 of 18 R 90.00 D 0.00 Pueblo Cty Clerk 8 Rec
of this Easement. 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.
15. Reconfiguration of Easement.
Portions of the Property may be deleted from this Easement at the request of the Grantor
provided that property equal or greater in monetary value than said deleted property subject to this
Easement is simultaneously brought into and burdened by this Easement as replacement for the deleted
property. Such replacement property must be located within the NW' /4 SECTION 15 -T20S -R65W west
of Pueblo Boulevard; SE' /4 SECTION 17- T20S -R65W; SECTION 20 -T20S -R65W; W' /z/NW' /4
SECTION 21 -T20S -R65W. The areas of Grantor's property that may deleted from the Easement subject
to the above provisions, along with the private lands that must be incorporated into the Easement as
replacement, are depicted in Exhibit B, Reconfiguration Map. Any reconfiguration of the Easement shall
require the filing of an amended Deed of Conservation Easement in the Office of the Clerk and Recorder
of Pueblo County. Such amendment shall be done in conformance with the requirements of paragraph
23 J. below.
16. Change in Circumstances.
The fact that any use of the Property that is expressly prohibited by this Easement, or any other
use as determined to be inconsistent with the purpose of this Easement, may become greatly more
economically valuable than permitted uses, or that neighboring properties may in the future be put
entirely to uses that are not permitted hereunder, has been considered by Grantor in granting this
Easement. It is Grantor' belief that any such changes will increase the benefit to the public of the
continuation of this Easement, and it is the intent of both Grantor and Grantee that any such changes
should not be assumed to be circumstances justifying the extinguishment or termination of this
Easement.
17. Division of Proceeds Between the Grantor and Grantee.
The rights of Grantee created by this Easement constitute a real property interest vested in
Grantee. In the event of condemnation of the Property or extinguishment of the Easement, the values of
Grantee's and Grantor's interests in the Property shall be computed as follows:
a) If all or any portion of the Property is being sought by an entity that has the power of
condemnation, the fair market value of the Property unencumbered by this Easement minus any
increase in value after the date of this Easement attributable to improvements shall be
determined by the court in the condemnation proceeding, or by the agreement of Grantor,
Grantee, and the condemning entity.
b) If all or any portion of the Easement is being extinguished, the fair market value of the Property
unencumbered by this Easement minus any increase in value after the date of this Easement
attributable to improvements shall be determined by the agreement of Grantor and Grantee, but if
the parties cannot agree, by an appraisal completed by a mutually acceptable licensed appraiser.
c) Once the fair market value of the Property as if unencumbered by this Easement has been
established pursuant to the above, the value of Grantor's and Grantee's respective interests in the
Property shall be a percent of the fair market value of the Property as if unencumbered by this
Easement as follows:
Page 8 of 13
1 1111111111111111111111 iii 1111111 111111 iii 11111 Iill IIII
1390342 07/02/2001 01:33P EASE Chris C. Munos
9 of 18 R 90.00 0 0.00 Pusblo C!y Clerk 8 Ree
j) Grantor's interest shall be thirty percent (30 %), minus an increase in value after the
date of this Easement attributable to improvements.
ii) Grantee's interest shall be seventy percent (70 %).
18. Condemnation. If the Property is taken, in whole or in part, by exercise of the power of eminent
domain, or if the Easement is extinguished or terminated and the Property is subsequently sold or
exchanged, Grantee shall be entitled to compensation for the value of their respective interests, in
accordance with applicable law, as determined pursuant to paragraph 17 above.
19. Assignment.
This Easement is transferable, but Grantee may assign its rights and obligations under this
Easement only to an organization that is authorized to acquire and hold conservation easements under
Colorado law. 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 Easement
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.
20. 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 sixty (60) 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 an entity or person whose property is not exempt from
taxation, the transferee as subsequent owner 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.
21. Notices.
Any notice, demand, request, consent, approval, or communication that either party desires or is
required to give to the other shall be in 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
Page 9 of 13
City Manager I IIIIII VIII IIIIII VIII III IIIIIII IIIIII III IIIIII III IIII
1 City Hall Place
Pueblo, CO 81003 1390542 07/02/2001 01:33P EASE Chris C. Munoz
10 of 18 R 90.00 0 0.00 Pueblo Cty Clerk & Rae
To the Grantee:
Colorado Division of Parks and Outdoor Recreation
1313 Sherman Street, Room 618
Denver, CO 80203
Attn: Real Estate Section
Lake Pueblo State Park
640 Pueblo Reservoir Road
Pueblo, CO 81005
Attn: Park Manager
or to such address as either party from time to time shall designate by written notice to the other.
22. 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.
23. 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
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.
Page 10 of 13
11111111111111111111111111111111111111111111111111111111 HIM iii III
D. Entire Agreement. 1390542 07/02/2001 01:33P EASE Chris C. Munoz
11 of 18 R 90.00 D 0.00 Pueblo Cty Clerk 8 Rae
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. 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.
G. 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.
H. 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.
L Amendment.
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. 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 recorded in
the records of the Pueblo County Clerk & Recorder.
J. Termination of the Division of Parks and Outdoor Recreation.
In the event the Colorado Division of Parks and Outdoor Recreation is terminated or merged into
another entity, the rights and obligations of the Colorado Division of Parks and Outdoor Recreation
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.
Page 11 of 13
1111111111111111111111111111111111111111111111111111111111111
K. Governmental Immunity. 1390342 07/02/2001 01:33P EASE Chris C. Munoz
12 of 18 R 90.00 D 0.00 Pueblo Cty Clerk & Ree
Grantor and Grantee do Bees not intend to waive by any provision of this Easement 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 or any other law, either statutory or
common law.
L. Venue.
Pueblo, County, Colorado shall be the only appropriate venue for any action or dispute arising
form this Easement.
N. Third Parties.
This Easement 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.
24. 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.
IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have set
their hands on the date first written above.
C
APPROVED AS TO FORM:
•ty Clerk
Page 12 of 13
STATE OF COLORADO ) I IIIIII IIIII IIIIII IIIII III IIIIIII IIIIII III IIIIII III IIII
1390542 07/02/2001 01:33P EASE Chris C. Munoz
County of Pueblo 13 of 18 R 90.00 D 0.00 Pueblo C!y Clerk & Rec
The foregoing instrument was acknowledged before me this o *I'day of
2001, by
immission, expires a ,np , ZOO Witness my hand and official seal.
,= C"
ACCEPTED:
STATE OF COLORADO
County of Pueblo
N t y Public
STATE OF COLORADO
COLORADO DIVISION OF PARKS AND
OUTDOOR RECREATION
By: I�Z �
Tom Kenyon, Acting D' e or
f�
The foregoing instrument was acknowledged before me this 2 q ^ day of
Tu , 2001, by ZoM we�`1ok Ac "!i bi ✓„c.c. o✓
My commission expires _. M Commiasion Expires Maroh 1� 2003 . Witness my hand and official seal.
���tttiliti
po A Y M ✓�i�i,� Q,
Notary u is
o NaT�R 9 0 .
M=
'F AVBIIG O
L F
% ', /,0P C O IO
VIII
Page 13 of 13
I liillliil�l lliillliililiilll
1390542 07/02/2001 01:33P II I Ch
i C. M n
III o z
14 of 18 R 90.00 D 0.00 Pueblo Ct.yClerk&Rec
EXHIBIT A
LEGAL DESCRIPTION:
A TRACT OF LAND LOCATED IN SECTION 16, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE
6 PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 16; THENCE S89 0 41'01 "W
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16, A DISTANCE
OF 400.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION:
1. THENCE S89 1"W CONTINUING ALONG SAID SOUTH LINE OF THE SOUTHEAST
QUARTER, A DISTANCE OF 2236.23 FEET TO THE SOUTH QUARTER CORNER OF SAID
SECTION 16;
2. THENCE S89 0 41'03 "W ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 16, A DISTANCE OF 2635.71 FEET TO THE SOUTHWEST CORNER OF
SAID SECTION 16;
3. THENCE NO 1 ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 16, A DISTANCE OF 2636.63 FEET TO THE WEST QUARTER CORNER
OF SAID SECTION 16;
4. THENCE N89 0 45'31 "E ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 16, A
DISTANCE OF 1973.66 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF
THE NORTHWEST QUARTER OF SAID SECTION 16;
5. THENCE NO 1 0 23'24 "W ALONG SAID WEST LINE, A DISTANCE OF 2652.24 FEET TO
THE NORTH LINE OF SAID SECTION 16;
6. THENCE S89 °57' 17 "E ALONG SAID NORTH LINE, A DISTANCE OF 99.23 FEET TO THE
NORTHWEST CORNER OF A TRACT OF LAND AS RECORDED IN BOOK 1501 AT PAGE
57 OF THE RECORDS OF SAID PUEBLO COUNTY;
THE FOLLOWING TWO (2) COURSES FOLLOW THE WESTERLY AND SOUTHERLY
BOUNDARY OF SAID TRACT RECORDED IN BOOK 1501 AT PAGE 57:
7. THENCE SOO 0 02'43 "W A DISTANCE OF 50.00 FEET;
8. THENCE S89 °57' 17 "E A DISTANCE OF 229.83 FEET TO A POINT ON THE SOUTHERLY
LINE OF PARCEL NO, 239 RECORDED IN BOOK 1853 AT PAGE 624 OF THE RECORDS
OF SAID PUEBLO COUNTY;
THE FOLLOWING FIVE (5) COURSES FOLLOW SAID SOUTHERLY LINE OF PARCEL NO. 239
RECORDED IN BOOK 1853 AT PAGE 624:
9. THENCE S71 0 15'05 "E A DISTANCE OF 230.71 FEET;
10. THENCE S71 °44'35 "E A DISTANCE OF 869.20 FEET TO A NON - TANGENT CURVE TO
THE LEFT;
11. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF
11634.20 FEET, A DELTA ANGLE OF 04 °23'28 ", AN ARC LENGTH OF 891.62 FEET,
WHOSE LONG CHORD BEARS S77 0 44'05 "E A DISTANCE OF 891.40 FEET;
12. THENCE S81 0 07'05 "E A DISTANCE OF 722.00 FEET;
13. THENCE S61 0 42'05 "E A DISTANCE OF 386.20 FEET TO THE EAST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 16;
14. THENCE SO 1 ALONG SAID EAST LINE, A DISTANCE OF 867.26 FEET TO THE
MOST NORTHERLY POINT OF PARCEL NO. 39 RECORDED IN BOOK 1853 AT PAGE 624
OF THE RECORDS OF SAID PUEBLO COUNTY;
THE FOLLOWING THREE (3) COURSES FOLLOW THE WESTERLY LINE OF SAID
PARCEL NO. 39 RECORDED IN BOOK 1853 AT PAGE 624:
15. THENCE S16 0 24'33 "W A DISTANCE OF 358.50 FEET;
16. THENCE S09 0 48'33 "W A DISTANCE OF 1138.60 FEET;
. I I'llll �'I'I II'lll I'll' I" III"I' III"I III'llll' III II'I
1390642 07/02/2001 01:33P EASE Chris C. Munoz
13 of 18 R 90.00 D 0.00 Pueblo C!y Clerk & Rec
17. THENCE S00 0 01'03 "W A DISTANCE OF 2055.36 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION.
THE ABOVE TRACT OF LAND CONTAINS 461.53 ACRES, MORE OR LESS.
AND:
THE SW 1/4 OF SECTION 17, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO.
AND:
THE S 1/2 OF SECTION 18, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO.
AND:
THE N.1/2; THE N 1/2 OF THE SW 1/4; THE N 1/2 OF THE SE 1/4; AND THE SE 1/4 OF THE SE 1/4,
ALL IN SECTION 19, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO.
AND:
THE NW 1/4; THE N 1/2 OF THE NE 1/4; THE SE 1/4 OF THE NE 1/4; THE E 1/2 OF THE SE 1/4;
AND THE SW 1/4 OF THE SE 1/4, ALL IN SECTION 20, TOWNSHIP 20 SOUTH, RANGE 65 WEST
OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO.
AND:
THE NW 1/4; THE SW 1/4 OF THE NE 1/4; THE E 1/2 OF THE SW 1/4; THE SW 1/4 OF THE SE 1/4,
ALL IN SECTION 21, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, ALONG WITH A TRACT OF LAND
LOCATED IN THE SE 1/4 OF THE SE 1/4 OF SAID SECTION 21, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21; THENCE S89 0 18'06 "W
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 21, A DISTANCE
OF 400.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION:
1. THENCE S89 0 18'06 "W CONTINUING ALONG THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 21, A DISTANCE OF 915.83 FEET TO THE SOUTHWEST
CORNER OF THE SE 1/4 OF THE SE 1/4 OF SAID SECTION 21;
2. THENCE N00 0 34'49 "W ALONG THE WEST LINE OF SAID SE 1/4 OF THE SE 1/4, A
DISTANCE OF 1319.07 FEET TO THE NORTHWEST CORNER OF SAID SE 1/4 OF THE
SE 1/4;
3. THENCE N89 0 21'02 "E ALONG THE NORTH LINE OF SAID SE 1/4 OF THE SE 1/4, A
DISTANCE OF 966.33 FEET TO THE NORTHWEST CORNER OF PARCEL NO. 35
RECORDED IN BOOK 1853 AT PAGE 624 OF THE RECORDS OF SAID PUEBLO
COUNTY;
4. THENCE S01 0 36'49 "W ALONG THE WEST LINE OF SAID PARCEL NO. 35 RECORDED
IN BOOK 1853 AT PAGE 624, A DISTANCE OF 1319.32 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION.
THE ABOVE DESCRIBED PARCEL CONTAINS 28.49 ACRES, MORE OR LESS.
AND:
A TRACT OF LAND LOCATED IN THE N 1/2 OF SECTION 28, TOWNSHIP 20 SOUTH, RANGE 65
WEST OF THE 6 MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28; THENCE S89 0 18 1 06 11 W
ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28, A DISTANCE
OF 400.00 FEET TO A POINT ON THE WEST LINE OF PARCEL NO. 35 RECORDED IN BOOK 1853
c
. r
AT PAGE 624 OF THE RECORDS OF SAID PUEBLO COUNTY, SAID POINT BEING THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION:
1. THENCE S03 0 4643 "E ALONG THE WEST LINE OF SAID PARCEL NO, 35 AS RECORDED
IN BOOK 1853 AT PAGE 624, A DISTANCE OF 1741.94 FEET TO THE NORTHERLY
RIGHT -OF -WAY LINE OF THE RELOCATED DENVER AND RIO GRANDE WESTERN
RAILROAD CO. AS RECORDED IN BOOK 2121 AT PAGE 698 OF THE RECORDS OF
SAID PUEBLO COUNTY, SAID POINT BEING ON A NON - TANGENT CURVE TO THE
LEFT;
THE FOLLOWING SIX (6) COURSES FOLLOW SAID NORTHERLY RIGHT -OF -WAY LINE OF
THE RIO GRANDE WESTERN RAILROAD CO. AS RECORDED IN BOOK 2121 AT PAGE 698:
2. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 3364.17
FEET, A DELTA ANGLE OF 42 °27'56 ", AN ARC LENGTH OF 2493.40 FEET, WHOSE
LONG CHORD BEARS S89 °32' 10 "W A DISTANCE OF 2436.72 FEET;
3. THENCE S67 0 48'08 "W A DISTANCE OF 517.08 FEET TO A NON- TANGENT CURVE TO
THE LEFT;
4. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 3399.17
FEET, A DELTA ANGLE OF 11 °08'42 ", AN ARC LENGTH OF 661.20 FEET, WHOSE LONG
CHORD BEARS S53 0 58'57 "W A DISTANCE OF 660.16 FEET;
5. THENCE S47 0 40'58 "W A DISTANCE OF 102.87 FEET;
6. THENCE S46 0 48'23 "W A DISTANCE OF 100.97 FEET;
7. THENCE S46 0 38'57 "W A DISTANCE OF 89.75 FEET;
8. THENCE N01 0 14'08 "W A DISTANCE OF 2498.28 FEET TO THE NORTH LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 28;
9. THENCE N89 0 18'40 "E ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 28, A DISTANCE OF 1371.97 FEET TO THE NORTH QUARTER CORNER
OF SAID SECTION 28;
10. THENCE N89 0 18'06 "E ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 28, A DISTANCE OF 2231.66 FEET TO THE TRUE POINT OF BEGINNING
OF THIS DESCRIPTION.
THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 145.29 ACRES, MORE OR LESS.
BASIS OF BEARINGS FOR THESE DESCRIPTIONS IS THE WEST LINE OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 TH P.M., WHICH IS
ASSUMED TO BEAR N01 0 14'08"W, FROM THE WEST QUARTER CORNER OF SAID SECTION 28
(A 3 1/4" BLM BRASS CAP), TO THE NORTHWEST CORNER OF SAID SECTION 28 (A 3 1/4" BLM
BRASS CAP).
THE FOREGOING DESCRIPTION WAS PREPARED BY:
RAYMOND JOSEPH PECHEK PLS 24964
FOR AND ON BEHALF OF URS
9960 FEDERAL DRIVE, SUITE 300
COLORADO SPRINGS, COLORADO 80921
(719) 531 -0001
JUNE 18, 2001
111111111111111111111111111111111111111111111111111 IN
1390342 07/02/2001 01:33P EASE Chris C. Munoz
16 of 18 R 90.00 D 0.00 Pueblo C!y Clerk & Ree
A R CEi FRA� IS & 2
u, 2,8
0 19
�Q' OD r
77
P t: i
17 710
6 2'
T
1/4
c 74 am
VNATURE CENTER RD
V - u
C
m
0 m
0 0
7 A
IR
0 FA
RO c
j
A N
---------- . ......
URS
UK
1390343 07/02/2001 01:33P LEASE Chats C. Munoz
1 of 2 R 10.00 D 0.00 Pueblo C!y Clerk & Rec
LEASE TERMINATION AGREEMENT
COLORADO STATE PARKS /CITY OF PUEBLO
Honor Farm Property
THIS LEASE TERMINATION AGREEMENT, is made this 2� day of
JJ✓,e. 2001, by and between the STATE OF COLORADO acting by and thro
DEPARTMENT OF NATURAL RESOURCES for the use and benefit of the DIVISION
OF PARKS AND OUTDOOR RECREATION (the "State "), and City of Pueblo (the "C
WHEREAS, the State and City entered into a Lease Agreement dated April 10,
1995, whereby the State leased certain lands (the "Honor Farm Property ") to the City,
\ and the parties hereto now desire to terminate said Lease Agreement.
NOW THEREFORE, it is hereby agreed as follows:
1. Pursuant to Article XIII, Paragraph C of that certain Lease Agreement dated April
10, 1995 for the Honor Farm Property, said Lease Agreement is hereby terminated
effective on the date of this Lease Termination Agreement, subject to due executuion
and delivery by both parties on the Purchase and Sale Agreement dated June 25 ,
2001. The City shall surrender possesson of the leased property to the State, except as
specified pursuant to the Purchase and Sale Agreement dated June 25 , 2001
between the parties, and excepting therefrom the conveyance of certain portions of the
leased property including lands, easements and a lease from the State to the City. All
other obligations of the City and State under the Lease Agreement shall terminate
except as specified pursuant to the Purchase and Sale Agreement dated June _� ,
2001 between the parties, and such subsequent agreements executed pursuant thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Lease Termination
Agreement as of the date first set forth above.
CITY:
75
City of Pnehln
STATE:
STATE OF COLORADO
Bill Owens, Governor
B
Y
Tom Kenyon, Acting Di c r
Colorado Division of Pa Vs and Outdoor Recreation
111111! 11111 111111 11111 III 1111111 IIIII1111 11111 1111 IN
1390343 07/02/2001 01:33P LEASE Chris C. Munoz
2 of 2 R 10.00 A 0.00 Pueblo Cty Clerk & Roe
2
DETAILED MAP
DEEDED FROM
AUGUST DEITLAF
TO CHARLES WILLWORTH
CITY PROPERTY THAT THE 0 P
STATE WILL
L ACQUIRE
(8.19 ACkts) J L 4 Al
J
BOOK 26
PAGE 34�
Li
0
BOOK 179
PACE 63
O � i.�
r �J
CD
:ONER OF THE
OF THE NE 1,14
SEC. 33 3 :"Ej
R
' 5 5
OUTH LINE OF THE NE 1/4 OF THE ' N6- - 5
OT NO Q �AZ�OT /0% /�/
ADDITION TO THE PUEBLO G ROENS P
//90 ,PK I PA?E
C)
I
S76'10'59"E
33 3,16'
MIS
DEEDED FROM
AUGUST DEITLAF
TO J.H, SCHULZ
PARCEL DEFINED BY STATE
RIGHT OF WAY PLANS FOR
PUEBLO BLVD.
Sl 1'4 6'2 6 E - '
31 3
�5. o3
1 M- 2 3.25 r
? == 9'4,3'1 "
8= 1935.03
CH=N84'34'31 w
MAP
STATE PROPERTY THAT
THE CITY WILL ACQUIRE
(2,353.03 ACRES) -
CITY PROPERTY THAT THE
STATE WILL ACQUIRE
(177.02 ACRES)
ATTACHED
"DETAILED MAP"
HONOR FARM PROPERTY
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (the "Agreement "), is made this 25th day of
June, 2001, by and between the STATE OF COLORADO acting by and through the DEPARTMENT
OF NATURAL RESOURCES, for the use and benefit of the DIVISION OF PARKS AND OUTDOOR
RECREATION and Board of Parks and Outdoor Recreation (the "State" or "DPOR "), whose address
is 1313 Sherman Street, Room 618, Denver, Colorado 80203, and the City of Pueblo (the "City"), a
municipal corporation, whose address is 1 City Hall Place, Pueblo, Colorado, 81003.
WHEREAS, the required approval, clearance and coordination has been accomplished from
and with appropriate agencies; and
WHEREAS, the State has the statutory authority by C.R.S. 33 -10 -107 (1)(b) to acquire
property by exchange for parks or recreation purposes, and to dispose of property at public sale; and
WHEREAS, a portion of the Honor Farm property was offered for sale to the public, and the
Board of Parks and Outdoor Recreation accepted the City's bid for the property at the Board's meeting
on May 24, 2001; and
WHEREAS, the City desires to acquire a portion of the Honor Farm property owned by the
State at Lake Pueblo State Park, for the purposes of: 1) future public park and recreation facilities, 2)
buffer to development, and 3) future road and infrastructure expansion as allowed under the
conservation easement which shall encumber the property; and
WHEREAS, the DPOR desires to exchange said portion of the Honor Farm property for a
combination of land, cash and other consideration equivalent in value to the portion of the Honor Farm
property to be conveyed to the City, for the purposes of: 1) acquiring other recreational and buffer
lands, 2) providing for better management by the DPOR and the City, and 3) monetary and other
considerations which will benefit Lake Pueblo State Park and the DPOR.
NOW THEREFORE, it is hereby agreed as follows:
LA. STATE CONVEYANCE. The State shall convey to the City the real property (the "Northern
Honor Farm Property ") as generally described in Exhibit A and shown on Exhibit B, both attached
hereto and incorporated herein, situate in the County of Pueblo, State of Colorado.
TOGETHER WITH all easements and other appurtenances thereto, except as herein expressly
excluded, including but not necessarily limited to: all rights to minerals, oil, gas, coal and other
hydrocarbons, sand, gravel and other materials and substances thereunder, and all water and water
rights owned by the State; and all improvements and attached fixtures thereon. The State shall convey
fee title to its property by a good and sufficient bargain and sale deed.
B. CONSERVATION EASEMENT. Immediately following the conveyance of the Northern Honor
Farm Property by the State to the City at closing, the City shall convey a conservation easement (the
"Conservation Easement ") in the form attached hereto and incorporated herein as Exhibit C.
C. LEASE AGREEMENT. Pursuant to Article XIII, Paragraph C of that certain Lease Agreement
(the "Honor Farm Lease ") between the parties hereto, dated April 10, 1995, the parties agree to
terminate said Honor Farm Lease, in writing, at closing. The City shall receive a credit at closing for
prepaid lease rental payments made to the State. The rental payments shall be prorated to the date of
closing and shall apply against the City's consideration owed to the State.
Pursuant to Article XIII, Paragraph D of the Honor Farm Lease, the State will, without additional
consideration, grant an easement to the City for the City's river trail system and any City utilities now
located on the portion of the Honor Farm property to be retained by the State.
D. RAPTOR CENTER LEASE. The State shall without additional consideration grant a 99 year lease
to the City for land and buildings in the area know as the Raptor Center, together with a perpetual
ingress and egress and utility easement for the septic line and leach field that serve the Nature Center
facility owned by the City. The Raptor Center Lease (and Nature Center ingress and egress and utility
easements) shall be granted to the City at closing on this Agreement.
2. CITY CONSIDERATION /CONVEYANCE. The City's consideration to the State for the Northern
Honor Farm Property shall be as follows:
i. The City shall convey to the State the real properties (the "YMCA /Datz Bluff Property" and
"Pueblo Blvd. Parcel ") as generally described in Exhibit D and shown on Exhibit E, both
attached and incorporated herein, situate in the County of Pueblo, State of Colorado.
TOGETHER WITH all easements and other appurtenances thereto, except as herein expressly
excluded, including but not necessarily limited to: all rights to minerals, oil, gas, coal and other
hydrocarbons, sand, gravel and other materials and substances, and all water and water rights
thereunder owned by the City; and all improvements and attached fixtures thereon. The City
shall convey title to its property by a good and sufficient bargain and sale deed.
i. The City shall pay all boundary survey costs required as part of this Agreement, pursuant to
Paragraph 7 below.
ii. The City shall bear the costs of and have responsibility for drafting and producing a baseline
inventory report and management plan for the Northern Honor Farm Property, as required in
the Conservation Easement (Exhibit Q.
iii. The City shall provide fire protection service at Lake Pueblo State Park for a ten (10) year
term, said term to begin at the date of closing of this Agreement, as follows:
At the request of the State, City's fire department will respond to fires occurring in large
structures or buildings beyond the firefighting capabilities of State within the State facility
known as the Lake Pueblo State Park, subject to and contingent upon (i) City's response will be
limited to firefighting activities, (ii) first response will be by State, (iii) upon arrival at the fire,
City's firefighters will assume control of firefighting activities, (iv) it shall be entirely within
the discretion of the City to determine what personnel and equipment shall be provided, (v)
City will dispatch personnel and equipment only if it is consistent with the continued safety of
persons or property within the City's service area, and (vi) City shall not in any manner be
liable or responsible for any damage to property or injury or death to any persons resulting
from or in any manner caused by City's firefighting activities, delay in response, or failure to
2
"large structures or buildings" means and includes the Park Headquarters Building, brick
maintenance shops, two existing ranger stations, and large buildings in the Rock Canyon Swim
Area.
iv. The City shall initiate and take all steps necessary to secure payment of the remaining funds
from the grant (State Honor Farm — Grant Agreement No. 749 1) awarded to the City by the Great
Outdoors Colorado Trust ( "GOCO ") in the amount of ONE HUNDRED THIRTY -NINE
THOUSAND THREE HUNDRED TEN DOLLARS ($139,310.00). On behalf of the DPOR, the
City shall direct GOCO to pay the $139,310 grant payment to the Colorado State Board of Land
Commissioners (the "Land Board ") as partial consideration for the purchase by DPOR of the Land
Board's Liberty Point property, or for other property as directed by DPOR and approved by
GOCO.
v. Subject to and contingent upon funds being appropriated and budgeted for such purpose, the
City shall pay the sum of NINE HUNDRED TWENTY -NINE THOUSAND TWENTY -FOUR
DOLLARS AND EIGHTY -THREE CENTS ($929,024.83) to the DPOR. The first payment
shall be in the amount of TWO HUNDRED EIGHTY THOUSAND SIX HUNDRED NINETY
DOLLARS ($280,690.00), due at closing. The remaining amount (the "Balance ") due shall be in
three (3) equal payments (the "Annual Payments ") of TWO HUNDRED SIXTEEN THOUSAND
ONE HUNDRED ELEVEN DOLLARS AND SIXTY -ONE CENTS ($216,111.61), said
payments due no later than February 28 in each of the three (3) years following the year of closing.
At the State's sole discretion and direction, the City shall make a portion of the payments required
pursuant to this Agreement directly to the Land Board. If the State elects to direct a payment or
portion thereof be made to the Land Board, it shall so advise the City in writing no later than thirty
(30) days prior to the due date for said payment.
3. CITY PAYMENT DEFAULT. At Closing, the City shall execute three (3) quit claim deeds (the "Quit
Claim Deed(s)") to the State, each covering approximately 13% of the total acreage to be acquired by the
City, the Quit Claim Deeds to be held in escrow by an escrow agent acceptable to both parties (the
"Escrow Agent ") pursuant to an escrow agreement executed by the City and State. The legal description
for each Quit Claim Deed shall be as mutually agreed upon between the City and the State. The Quit
Claim Deeds shall each have an effective date corresponding to the dates of payment of the Balance as
stated in Paragraph 2.vi. above. Upon evidence submitted to the Escrow Agent of payment of an Annual
Payment, the Escrow Agent shall cause the designated (corresponding to the effective date) Quit Claim
Deed to be delivered to the City.
Nonpayment of an Annual Payments shall constitute default by the City. After notice from the State, the
City shall have sixty (60) days from the date of notice to cure the payment default to the State's
satisfaction. In the event the payment default is not cured by the City, the Escrow Agent shall cause all
remaining Quit Claim Deeds in possession of the Escrow Agent to be delivered to the State, and the State
shall record said Deeds reverting title in the State. In the event of the foregoing, the City shall thereupon
have no further right, title or interest in and to the property described in the recorded Quit Claim Deed(s),
and the City shall immediately surrender possession of said property to the State.
4. CITY AND STATE PROPERTY — HAZARDOUS SUBSTANCES. Each parry represents to the other
that as of the date this Agreement is executed, it has no knowledge of any "Hazardous Substance," as
defined in 42 U.S.C. Section 9601 (14), or hazardous or toxic material, substance, or waste, as they may
be defined under relevant state or local law, or asbestos, being located on such party's respective properties
described in Exhibits A and D, and further, that such party has not received notice of any violation or
received notice of any violation or alleged violation of any law, rule, or regulation regarding such
substances. The conveyance of the subject properties described in Exhibits A and D by the parties
hereto is not intended to relieve either party of any obligation or liability it would incur pursuant to
relevant federal or state law concerning such substances as a prior owner of the property. Upon
request, each party will make the above representation in a separate writing deliverable to the other
Ply.
5. TITLE INSURANCE. The City and the State have each delivered a title insurance commitment for
a standard coverage owner's policy of title insurance to the other parry to insure title to the respective
property each will convey, as described in Paragraphs 1 and 2 hereof The commitment for the
property the State shall convey to the City shall be issued in the amount of ONE MILLION SIX
HUNDRED FORTY -FOUR THOUSAND SIX HUNDRED TWELVE DOLLARS AND EIGHTY -
THREE CENTS ($1,644,612.83) by Transnation Title Insurance Company of Pueblo. The
commitment for the property the City shall convey to the State shall be issued in the amount of FOUR
HUNDRED SIXTEEN THOUSAND SEVEN HUNDRED EIGHT DOLLARS ($416,708.00) for the
Pueblo Blvd. Parcel, by Transnation Title Insurance Company of Pueblo. The State shall pay the cost
of the title insurance commitment and subsequent title insurance policy for the property it shall convey;
the City shall pay the cost of the title insurance commitment and subsequent title insurance policy for
the property it shall convey.
6. PROPERTY INSPECTION/TITLE REVIEW. Both the City and the State agree that each has
examined the title and condition of the real property to be conveyed. Each party agrees that title and
condition of the property it will receive is acceptable, unless written objection is received at the signing
of this Agreement. Any written objection to title or condition of property, if not resolved within ten
(10) days from the effective date of this Agreement, may constitute grounds for termination of this
Agreement or the objecting party may waive said objection(s) and close the transaction
7. BOUNDARY SURVEY. The City has paid for a boundary survey of the property to be conveyed
by the City and State. Both parties have examined said boundary survey and the legal descriptions
developed by the surveyor, and find them to be acceptable.
8. FENCING. The City and State agree to share equally the cost of constructing and maintaining fence
on the boundary lines between the respective parties' properties. Said boundary fence separating
ownership shall be mutually agreed upon by the parties hereto, and shall be in a separate written
agreement providing specific fencing project details.
9. AS -IS, WHERE -IS. The parties hereto agree that each party shall take title to and possession of the
respective property conveyed to each party, in "as is" condition, as of the date thereof, subject to wear
and tear until closing. Each party expressly disclaims to the other, all warranties relating to the
respective property, either express or implied, including, but not limited to, merchantability and fitness
for a particular purpose. Both parties agree they have mutually relied upon certain estimates of the
legal description and acreage of the several properties to be conveyed by this Agreement, and each
party acknowledges that should said estimates prove to have been in error, there shall be no adjustment
of property or consideration stated herein without express written agreement by the parties to amend
this Agreement.
10. POSSESSION. Possession of the subject properties being conveyed shall be surrendered at the
time of closing.
4
11. CITY AND STATE PROPERTY - RISK OF LOSS. The parties agree that loss or damage to the
respective properties described in Exhibits A and D, except as may be caused by the non - owning party
or its employees or agents, shall be at the risk of the current owner until the closing of the exchange of
the subject properties. In the event of such loss or damage, the non - owning party may, without
liability, either elect to terminate this agreement or accept conveyance of the damaged property in
which circumstance there shall be a mutually agreeable adjustment of the exchange value based on such
loss or damage.
12. PRESENT CONDITION. The parties agree that the subject properties shall be maintained in their
present condition, including but not necessarily limited to, no cutting, slashing, removing, destroying
or wasting of any trees or plants on the properties; no diking, dredging, filling or other disturbances of
wetlands; nor shall there be any disturbance of soils or any alteration of the surface or of any
vegetation thereon, or of any material thereunder, subject to reasonable wear and tear, until delivery of
possession unless otherwise agreed upon in writing.
13. RIGHT OF INSPECTION. The parties expressly agree that from the date this agreement is
executed, any officials and authorized agents of the other party, upon prior notice to the owner of the
respective subject property, shall have the right to inspect, survey and enter upon the property of the
other, at reasonable times, for all lawful purposes in connection with this Agreement. Any such
inspections or other matters (collectively, "inspections "), excluding boundary surveys pursuant to
Paragraph 7 above, performed to identify the condition of the subject properties shall be at the sole
expense of the party desiring to order or obtain said inspection(s).
14. DEFAULT. Time is of the essence hereof and if any condition hereof is not made, rendered, or
performed by either of the parties hereto as provided herein, then this contract at the option of the party
who is not in default may be terminated. In the event the non - defaulting party elects to treat this
contract as being in full force and effect, then nothing shall be construed to prevent its specific
performance as the non - defaulting party's sole and only remedy hereunder.
15. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the
parties hereto, their successors and assigns. All understandings and agreements heretofore made
between the parties are merged into this Agreement, which alone fully and completely expresses their
agreement.
16. FURTHER ACTIONS. Any term, covenant, condition or provision of this Agreement which is to
be performed after the time of closing, or which comes into effect thereafter, shall survive said closing
and shall not be deemed to have merged in the deeds delivered to the respective parties. Each party
agrees to execute such additional documents as may be reasonable and necessary to carry out the intent,
purposes and provisions of this Agreement.
17. CLOSING; COSTS AND FEES. Closing shall be on June 29, 2001, or earlier or later as may be
mutually agreed upon by the parties. The closing shall be held at Transnation Title Insurance Company
of Pueblo. Any settlement agent fees shall be divided equally between the parties. All other closing
costs shall be borne by the parties in accordance with custom in Pueblo County, Colorado.
18. STATE AND CITY LIABILITY EXPOSURE. Notwithstanding any other provision of this
Agreement to the contrary, no term or condition of this Agreement shall be construed or interpreted as
a waiver, either expressed or implied, of any of the immunities, rights, benefits or protection provided
to the State or the City under the Colorado Governmental Immunity Act 24 -10 -101, et seq. C.R.S., as
5
amended or as may be amended (including, without limitation, any amendments to such statute, or
under any similar statute which is subsequently enacted, or any other law, statutory or common). The
parties hereto understand and agree that liability for claims for injuries to persons or property arising
out of the negligence of the City or of the State of Colorado, its departments, institutions, agencies,
boards, officials and employees is controlled and limited by the provisions of 24 -10 -101, et seq.
C.R.S., as amended or as may be amended, and 24 -30 -1501, et seq., C.R.S., as amended or as may be
amended. Any provision of this Agreement, whether or not incorporated herein by reference, shall be
controlled, limited and otherwise modified so as to limit any liability of the State or the City to the
above cited laws.
19. NOTICE. Any notice required or permitted herein shall be in writing and delivered personally or
by first class U.S. mail, to the address or addresses and persons set forth below, provided that the
parties can change their mailing address by providing notice to the other party:
Colorado State Parks With a copy to: Colorado State Parks
2128 N. Weber 1313 Sherman St., Rm. 618
Colorado Springs, CO 80907 Denver, CO 80203
Attn: South Region Manager Attn: Real Estate Coordinator
City of Pueblo With a copy to: City of Pueblo
1 City Hall Place 211 East "D" St.
Pueblo, CO 81003 Pueblo, CO 81003
Attn: City Manager's Office Attn: Dept. of Planning &
Development
20. PARAGRAPH HEADINGS. The captions and headings set forth herein are for the convenience of
reference only, and shall not be construed so as to define or limit the terms or provisions hereof.
MISCELLANEOUS
21. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be
applied in the interpretation, execution, and enforcement of this Agreement. Any provision of this
Agreement whether or not incorporated herein by reference which provides for arbitration by any
extra judicial body or person or which is otherwise in conflict with said laws, rules, and regulations
shall be considered null and void. Nothing contained in any provision incorporated herein by reference
which purports to negate this or any other provision in whole or in part shall be valid or enforceable or
available in any action at law whether by way of complaint, defense, or otherwise. Any provision
rendered null and void by the operation of this provision will not invalidate the remainder of this
Agreement to the extent that the Agreement is capable of execution.
22. The signatories aver that they are familiar with CRS 18 -8301, et. seq., (Bribery and Corrupt
Influences) and CRS 18 -8 -401, et. seq., (Abuse of Public Office), and that no violation of such
provision is present.
23. The signatories aver that to their knowledge, no state employee has any personal or beneficial
interest whatsoever in the service or property described herein:
24. Financial obligations of the State and City payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted and otherwise made available. Neither this
0
Agreement nor any provisions hereof shall be construed as creating or constituting (i) a mandatory
payment obligation of the State or City in any fiscal year beyond a fiscal year in which State or City
has budgeted, appropriated and otherwise made available funds for payment of any financial obligation
imposed on it by this Agreement, or (ii) a multiple - fiscal year direct or indirect debt or financial
obligation of the State or City within the meaning of Sec. 20, Art. X of the Colorado Constitution.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
CITY IF PUEBLO:
! I_
President of City Council
Attest__;
City CNIWr k
STATE OF COLORADO
BILL OWENS, GOVERNOR
Tom Kenyon, Acting Direc r
Division of Parks and Out or Recreation
For the Executive Director, Department of
Natural Resources and on behalf of the Board
of Parks and Outdoor Recreation
EXHIBIT A
LEGAL DESCRIPTION:
A TRACT OF LAND LOCATED IN SECTION 16, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE
6 TH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 16; THENCE S89 1 41'01 "W
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16, A DISTANCE
OF 400.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION:
1. THENCE S89 0 41'01 "W CONTINUING ALONG SAID SOUTH LINE OF THE SOUTHEAST
QUARTER, A DISTANCE OF 2236.23 FEET TO THE SOUTH QUARTER CORNER OF SAID
SECTION 16;
2. THENCE S89 0 41'03 "W ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 16, A DISTANCE OF 2635.71 FEET TO THE SOUTHWEST CORNER OF
SAID SECTION 16;
3. THENCE N01 °22' 16 "W ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 16, A DISTANCE OF 2636.63 FEET TO THE WEST QUARTER CORNER
OF SAID SECTION 16;
4. THENCE N89 °45'31 "E ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 16, A
DISTANCE OF 1973.66 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE EAST I/2 OF
THE NORTHWEST QUARTER OF SAID SECTION 16;
5. THENCE NO1 0 23'24 "W ALONG SAID WEST LINE, A DISTANCE OF 2652.24 FEET TO
THE NORTH LINE OF SAID SECTION 16;
6. THENCE S89 °57' 17 "E ALONG SAID NORTH LINE, A DISTANCE OF 99.23 FEET TO THE
NORTHWEST CORNER OF A TRACT OF LAND AS RECORDED IN BOOK 1501 AT PAGE
57 OF THE RECORDS OF SAID PUEBLO COUNTY;
THE FOLLOWING TWO (2) COURSES FOLLOW THE WESTERLY AND SOUTHERLY
BOUNDARY OF SAID TRACT RECORDED IN BOOK 1501 AT PAGE 57:
7. THENCE S00 0 02'43 "W A DISTANCE OF 50.00 FEET;
8. THENCE S89 °57' 17 "E A DISTANCE OF 229.83 FEET TO A POINT ON THE SOUTHERLY
LINE OF PARCEL NO. 239 RECORDED IN BOOK 1853 AT PAGE 624 OF THE RECORDS
OF SAID PUEBLO COUNTY;
THE FOLLOWING FIVE (5) COURSES FOLLOW SAID SOUTHERLY LINE OF PARCEL NO. 239
RECORDED IN BOOK 1853 AT PAGE 624:
9. THENCE S71 0 15'05 "E A DISTANCE OF 230.71 FEET;
10, THENCE S71 0 44'35 "E A DISTANCE OF 869.20 FEET TO A NON - TANGENT CURVE TO
THE LEFT;
11. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF
11634.20 FEET, A DELTA ANGLE OF 04 °23'28 ", AN ARC LENGTH OF 891.62 FEET,
WHOSE LONG CHORD BEARS S77 0 44'05 "E A DISTANCE OF 891.40 FEET;
12. THENCE S81 0 07'05 "E A DISTANCE OF 722.00 FEET;
13. THENCE S61 0 42'05 "E A DISTANCE OF 386.20 FEET TO THE EAST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 16;
14. THENCE S01 0 35'42 "E ALONG SAID EAST LINE, A DISTANCE OF 867.26 FEET TO THE
MOST NORTHERLY POINT OF PARCEL NO. 39 RECORDED IN BOOK 1853 AT PAGE 624
OF THE RECORDS OF SAID PUEBLO COUNTY;
THE FOLLOWING THREE (3) COURSES FOLLOW THE WESTERLY LINE OF SAID
PARCEL NO. 39 RECORDED IN BOOK 1853 AT PAGE 624:
15. THENCE S16 0 24'33 "W A DISTANCE OF 358.50 FEET;
16. THENCE S09 3"W A DISTANCE OF 1138.60 FEET;
17. THENCE S00 °01'03 "W A DISTANCE OF 2055.36 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION.
THE ABOVE TRACT OF LAND CONTAINS 461.53 ACRES, MORE OR LESS,
AND:
THE SW 1/4 OF SECTION 17, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 TH PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO.
AND:
THE S 1/2 OF SECTION 18, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6711 PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO.
AND:
THE N 1/2; THE N 1/2 OF THE SW 1/4; THE N 1/2 OF THE SE 1/4; AND THE SE 1/4 OF THE SE 1/4,
ALL IN SECTION 19, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 TH PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO.
AND:
THE NW 1/4; THE N 1/2 OF THE NE 1/4; THE SE 1/4 OF THE NE 1/4; THE E 1/2 OF THE SE 1/4;
AND THE SW 1/4 OF THE SE 1/4, ALL IN SECTION 20, TOWNSHIP 20 SOUTH, RANGE 65 WEST
OF THE 6 TH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO.
AND:
THE NW 1/4; THE SW 1/4 OF THE NE 1/4; THE E 1/2 OF THE SW 1/4; THE SW 1/4 OF THE SE 1/4,
ALL IN SECTION 21, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 TH PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, ALONG WITH A TRACT OF LAND
LOCATED IN THE SE 1/4 OF THE SE 1/4 OF SAID SECTION 21, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21; THENCE S89'1 8'06
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2I, A DISTANCE
OF 400.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION:
1. THENCE S89 0 18'06 "W CONTINUING ALONG THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 21, A DISTANCE OF 915.83 FEET TO THE SOUTHWEST
CORNER OF THE SE 1/4 OF THE SE 1/4 OF SAID SECTION 21;
2. THENCE N00 0 34'49 "W ALONG THE WEST LINE OF SAID SE 1/4 OF THE SE 1/4, A
DISTANCE OF 1319.07 FEET TO THE NORTHWEST CORNER OF SAID SE 1/4 OF THE
SE 1/4;
3. THENCE N89 0 21'02 "E ALONG THE NORTH LINE OF SAID SE 1/4 OF THE SE 1/4, A
DISTANCE OF 966.33 FEET TO THE NORTHWEST CORNER OF PARCEL NO. 35
RECORDED IN BOOK 1853 AT PAGE 624 OF THE RECORDS OF SAID PUEBLO
COUNTY;
4. THENCE S01 0 36'49 "W ALONG THE WEST LINE OF SAID PARCEL NO. 35 RECORDED
IN BOOK 1853 AT PAGE 624, A DISTANCE OF 1319.32 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION.
THE ABOVE DESCRIBED PARCEL CONTAINS 28.49 ACRES, MORE OR LESS.
AND:
A TRACT OF LAND LOCATED IN THE N 1/2 OF SECTION 28, TOWNSHIP 20 SOUTH, RANGE 65
WEST OF THE 6 TH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28; THENCE S89 0 18'06 "W
ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28, A DISTANCE
OF 400.00 FEET TO A POINT ON THE WEST LINE OF PARCEL NO. 35 RECORDED IN BOOK 1853
AT PAGE 624 OF THE RECORDS OF SAID PUEBLO COUNTY, SAID POINT BEING THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION:
1. THENCE S03 0 46'43 "E ALONG THE WEST LINE OF SAID PARCEL NO. 35 AS RECORDED
IN BOOK 1853 AT PAGE 624, A DISTANCE OF 1741.94 FEET TO THE NORTHERLY
RIGHT -OF -WAY LINE OF THE RELOCATED DENVER AND RIO GRANDE WESTERN
RAILROAD CO. AS RECORDED IN BOOK 2121 AT PAGE 698 OF THE RECORDS OF
SAID PUEBLO COUNTY, SAID POINT BEING ON A NON - TANGENT CURVE TO THE
LEFT;
THE FOLLOWING SIX (6) COURSES FOLLOW SAID NORTHERLY RIGHT -OF -WAY LINE OF
THE RIO GRANDE WESTERN RAILROAD CO. AS RECORDED IN BOOK 2121 AT PAGE 698:
2. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 3364.17
FEET, A DELTA ANGLE OF 42 °27'56 ", AN ARC LENGTH OF 2493.40 FEET, WHOSE
LONG CHORD BEARS S89 °32' 10 "W A DISTANCE OF 2436.72 FEET;
3. THENCE S67 0 48'08 "W A DISTANCE OF 517.08 FEET TO A NON- TANGENT CURVE TO
THE LEFT;
4. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 3399.17
FEET, A DELTA ANGLE OF 11 °08'42 ", AN ARC LENGTH OF 661.20 FEET, WHOSE LONG
CHORD BEARS S53 0 58'57 "W A DISTANCE OF 660.16 FEET;
5. THENCE S47 0 40'58 "W A DISTANCE OF 102.87 FEET;
6. THENCE S46 0 48'23 "W A DISTANCE OF 100.97 FEET;
7. THENCE S46 0 38'57 "W A DISTANCE OF 89.75 FEET;
8. THENCE NO 1 A DISTANCE OF 2498.28 FEET TO THE NORTH LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 28;
9. THENCE N89 0 18'40 "E ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 28, A DISTANCE OF 1371.97 FEET TO THE NORTH QUARTER CORNER
OF SAID SECTION 28;
10. THENCE N89 0 18'06 "E ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 28, A DISTANCE OF 2231.66 FEET TO THE TRUE POINT OF BEGINNING
OF THIS DESCRIPTION.
THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 145.29 ACRES, MORE OR LESS.
BASIS OF BEARINGS FOR THESE DESCRIPTIONS IS THE WEST LINE OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 TH P.M., WHICH IS
ASSUMED TO BEAR NO1 0 14'08 "W, FROM THE WEST QUARTER CORNER OF SAID SECTION 28
(A 3 1/4" BLM BRASS CAP), TO THE NORTHWEST CORNER OF SAID SECTION 28 (A 3 1/4" BLM
BRASS CAP).
THE FOREGOING DESCRIPTION WAS PREPARED BY:
RAYMOND JOSEPH PECHEK PLS 24964
FOR AND ON BEHALF OF URS
9960 FEDERAL DRIVE, SUITE 300
COLORADO SPRINGS, COLORADO 80921
(719) 531 -0001
JUNE 18, 2001
EXHIBIT C
DEED OF CONSERVATION EASEMENT
HONOR FARM OPEN SPACE & PARK PARCELS
CITY OF PUEBLO
THIS DEED OF CONSERVATION EASEMENT is granted on this Z Q day of
2001 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 the
STATE OF COLORADO, acting by and through the Department of Natural Resources, for the use and
benefit of the Colorado Division of Parks and Outdoor Recreation, having a mailing address of 1313
Sherman Street, Room 618, Denver, CO 80203 ( "Grantee "), for the purpose of forever conserving the
open space, park and recreation character of the subject property.
RECITALS:
A. Grantor is the sole owner in fee simple of certain real property in Pueblo County, Colorado
consisting of 2,353 acres of land described in Exhibit A attached hereto and incorporated herein by this
reference (the "Property ").
B. The Property presently contains substantially undeveloped natural areas and as such
possesses natural, wildlife habitat, scenic, open space, and park values ( "Conservation Values ") that are
important to the Grantor, the people of the City of Pueblo, and the State of Colorado, and are worthy of
preservation. The City of Pueblo leased the property from June 26, 1974 until the Property was acquired
from the State of Colorado. In addition the State of Colorado has previously granted easements for roads,
overhead utility lines and a power transmission station on the property that have visually impacted the
general conservation values of the site.
C. The Property is centrally located between the City of Pueblo and the Pueblo West
Metropolitan District and will provide an open space buffer and future park site that will meet recreation
needs of the City of Pueblo. This Property, in combination with the 1,900 acres to the south owned by
the State of Colorado creates a 4,253 acre open space buffer between the City of Pueblo and the Pueblo
West Metropolitan District. The Property contains a relatively undisturbed short grass prairie habitat,
arroyos, public recreation, and a generally undisturbed buffer to Lake Pueblo State Park.
D. The specific Conservation, Open Space, Park and Recreation Values and other
characteristics of the Property are documented in an inventory of relevant features of the Property, dated
June 29, 2001, entitled "Conservation Easement Baseline Inventory: Honor Farm Open Space & Park
Parcels" 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 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 easement.
E. Grantor intends that the Conservation, Open Space, Park and Recreation Values of the
Property be preserved and maintained by the continuation of land use patterns, including, without
limitation, those relating to park and open space areas, and both indoor and outdoor public recreation
facilities.
Page 1 of 13
F. Grantee is qualified to hold conservation easements pursuant to Section 38- 30.5 - 104(2),
C.R.S., and as certified by a motion of its Board, at its May 25, 2001, meeting, accepts the responsibility
of enforcing the terms of this Easement and upholding its conservation purposes forever.
G. Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to
preserve and protect in perpetuity the Conservation, Open Space, Park and Recreation Values of the
Property for the benefit of this generation and generations to come.
NOW, THEREFORE, in consideration of the above and of good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, and the 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, bargains, sells, and QUITCLAIMS 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 an
open space and /or park condition and to prevent any use of the Property that will significantly impair or
interfere with the Open Space, Park and Recreation Values of the Property. Grantor intends this
Easement will confine the use of the Property to such activities, including without limitation, those
involving open space, parks, public recreation and indoor and outdoor public recreation facilities and
buildings, continuance of the historical operations of the Pueblo Motorsports, Inc. area, the extension of
roadways between Pueblo West and the City of Pueblo, and the extension of roadways that provide
access to recreation facilities and associated parking areas 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, Open Space, Park and Recreation 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
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.
Consistent Uses.
The following uses and practices by Grantor, though not an exhaustive recital, are consistent
with the Easement, so long as (i) notice is given pursuant to Paragraphs 6 and 21 below, if appropriate,
Page 2 of 13
and (ii) all such uses and practices are carried out in a manner consistent with the Management Plan, as
periodically amended, as defined below:
a) Recreation Uses. Members of the general public may utilize the Property for any and all types of
indoor and outdoor recreational uses deemed appropriate by Grantor, including but not limited
to, hiking, bicycling on existing trails and roads, nature studies, picnicking, model airplane
activities and motorized uses on designated courses, roadways and trails. To facilitate these
uses, Grantor may use, build, develop, construct, maintain, replace, and repair the following:
1. Golf Courses
2. Landscaped Turfgrass Areas.
3. Lakes & Ponds.
4. Regional Sports Complexes.
5. Campgrounds.
6. Picnic Areas.
7. Swimming Facilities /Water Parks.
8. Recreation Center Facilities.
9. Outdoor Amphitheaters.
10. Outdoor Courts.
11. Wheel Parks. Non - motorized uses including, but not limited to, skateboards, inline skates,
and bicycles.
12. Residential Caretaker Housing.
13. Parking Areas.
14. The Pueblo Motorsports Park. Grantor may continue the historical uses, events, and
activities of the Pueblo Motorsports Park, Inc. which is currently located on the Property.
The Pueblo Motorsports Park, Inc. facilities presently encompass approximately 800 acres
of the Property and are used for the purpose of recreational motorsports activities.
b) Recreation Access Roads. Grantor may construct such roads as may be necessary or desirable to
gain access to public recreation facilities. The exact location of said roadways shall be selected
by Grantor, at which time Grantor must provide Grantee with an exact legal description of such
roadways. The general locations of future public roads are depicted in the Management Plan.
c) Main Arterial Roads. To construct a maximum of two roads as may be necessary or desirable to
gain access from Pueblo West Metropolitan District to Pueblo Boulevard under the terms and
Page 3 of 13
conditions contained herein. The exact location of said roadways shall be selected by Grantor, at
which time Grantor must provide Grantee with an exact legal description of such roadways. The
general locations of the future roads connecting the Pueblo West area to Pueblo Boulevard are
depicted in the Management Plan.
d) Trails. Members of the general public may utilize trails on the Property for recreation uses
deemed appropriate by Grantor.
e) Signage. Signs may be erected by Grantor on the Property to identify the Property to the general
public and notify the public of rules, regulations, and where specific uses are allowed on the
Property.
f) Fencing. Existing fences may be repaired, replaced or removed, and new fences may be built on
the Property for public safety, property boundary marking, recreation facility improvements, and
natural resource protection purposes.
g) Underground Utilities. To construct and maintain underground utilities within and across the
Property deemed appropriate by Grantor including but not limited to water, sanitary sewer, storm
water, electrical, cable television and communication lines. The area disturbed by the installation
of the utility shall be restored and revegetated to a condition that is reasonably comparable to the
previous condition of the Property.
h) Public Use. Public use and access to the Property shall be limited and subject to rules and
regulations adopted by Grantor.
i) Existing Easements. Any use or activity permitted or authorized pursuant to easements and
rights -of -way existing or granted prior to the date of this Easement are and will continue to be
permitted uses and activities.
3. 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 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 within the open
space/natural areas on the Property remains 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.
In addition, vegetation may be removed within areas developed for public recreation facilities
and roads as described in paragraph 3 above.
C) Noxious Weeds. The infestation of noxious weeds on the Property is prohibited. For the
purposes of this Easement noxious weeds are defined as those weeds designated pursuant to
Page 4 of 13
Section 35 -5.5 -107 (4)(b), C.R.S.
d) 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 associated with areas developed
for public recreation facilities as described in paragraph 3 above.
e) Mining. The mining or extracting of soil, sand, gravel, rock, oil, natural gas, coal, fuel or any
other mineral substance is prohibited.
fl Roads, Paving. Except for those roads allowed pursuant to Paragraph 3 above, no new roads
shall be constructed on the Property.
g) Commercial Uses. Commercial uses shall not be allowed on the Property, except those uses that
are provided as a service to the public recreation facilities, events, and activities described in
paragraph 3 above. Commercial uses such as concession stands, pro shops, and gift shops
associated with developed recreation facilities described in paragraph 3 above are allowed.
Commercial uses such as hotels and lodging facilities, convenience stores, retail and grocery
stores, hospitals and care centers shall not be allowed on the Property.
h) Residential Development. Residential housing units, townhomes, apartments, or other private or
public housing developments, except for caretaker and dormitory facilities described in
paragraph 3 above, are prohibited.
i) Above Ground Utility Easements. Above ground public or private utilities including but not
limited to electrical transmission lines, antennas, radio and television telecommunication towers
shall not be allowed on the Property, except existing and future improvements allowed within
pre - existing utility easements, and utility boxes and equipment cabinets, no greater than four feet
in height and 36 square feet of gross floor area, deemed appropriate by Grantor that serve or
benefit park and recreation facilities.
j) Public Motorized Use. Motorized use by the public on the Property, except on designated roads
and trails, is prohibited. This clause does not limit the right of Grantor and the Grantee to use
motorized vehicles on the Property for management and emergency purposes.
k) Other Motorized Use. Within the limits of the Grantor's authority, Grantor shall not authorize
motorized access by adjacent private property owners across the Property to access their
properties.
5. Land Management Plan.
The property shall be operated and managed in accordance with a land management plan
prepared by Grantor (the "Management Plan "), which shall conform to the provisions of this Easement.
Grantor has prepared a Management Plan titled "Honor Farm Open Space and Park Parcels Management
Plan ", approved 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
Page 5of13
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 within thirty (30) days
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.
Grantee's failure to provide written comments to Grantor within thirty (30) days after receipt of any
proposed change to the Management Plan shall constitute Grantee's acceptance and consent thereto.
6. Notice of Intention to Undertake Certain Permitted Actions.
Grantor shall notify Grantee prior to undertaking construction on the Property of any roads,
buildings, or other facilities. The purpose of requiring Grantor to notify Grantee prior to undertaking
construction activities is to afford Grantee an opportunity to review so 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. Grantee's failure to
provide written comments to Grantor within thirty (30) days after receipt of any proposed construction
on the Property shall constitute Grantee's acceptance and consent thereto.
7. Responsibilities of Grantor and Grantee Not Affected.
Other than as specified herein, this Easement 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.
8. 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 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. 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 informal discussion process. Should informal discussions fail to resolve the
dispute, Grantee may, at its discretion, take appropriate legal action. If a court with jurisdiction
determines that a violation which could irreversibly diminish or impair the Conservation Values of the
Property 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 any such violation.
Page 6 of 13
9. 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 tenn or
of any subsequent breach of the same or any other teen 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.
10. Waiver of Certain Defenses.
Grantor hereby waives any defense of laches, estoppel, or prescription provided any action to
enforce a violation of this Easement must be brought within six (6) years from the date of such violation.
11. Acts Beyond Grantor's Control.
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, and earth movement,
vandalism, 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.
12. Costs and Liabilities.
As to Grantee, 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, and the cost of controlling
noxious weeds. Grantor shall keep the Property free of any liens arising out of any work performed for,
materials furnished to, or obligations incurred by Grantor.
13. Taxes.
Grantor shall pay before delinquency any and all real property taxes, assessments, fees, and
charges of whatever description lawfully levied on or assessed against the Property by competent
authority (collectively "taxes "), including any such taxes imposed upon or incurred as a result of, this
Easement, and shall furnish Grantee with satisfactory evidence of payment upon request.
14. Hold Harmless.
To the extent authorized by law, 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 to the negligence of any of the Indemnified Parties; and (2) the presence
or release of hazardous or toxic substances on, under or about the Property occurring on or after the date
Page 7 of 13
of this Easement. 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.
15. Reconfiguration of Easement.
Portions of the Property may be deleted from this Easement at the request of the Grantor
provided that property equal or greater in monetary value than said deleted property subject to this
Easement is simultaneously brought into and burdened by this Easement as replacement for the deleted
property. Such replacement property must be located within the NW' /4 SECTION 15 -T20S -R65W west
of Pueblo Boulevard; SEV4 SECTION 17- T20S -R65W; SECTION 20 -T20S -R65W; W' /2/NW' /4
SECTION 21 -T20S -R65W. The areas of Grantor's property that may deleted from the Easement subject
to the above provisions, along with the private lands that must be incorporated into the Easement as
replacement, are depicted in Exhibit B, Reconfiguration Map. Any reconfiguration of the Easement shall
require the filing of an amended Deed of Conservation Easement in the Office of the Clerk and Recorder
of Pueblo County. Such amendment shall be done in conformance with the requirements of paragraph
23 J. below.
16. Change in Circumstances.
The fact that any use of the Property that is expressly prohibited by this Easement, or any other
use as determined to be inconsistent with the purpose of this Easement, may become greatly more
economically valuable than permitted uses, or that neighboring properties may in the future be put
entirely to uses that are not permitted hereunder, has been considered by Grantor in granting this
Easement. It is Grantor' belief that any such changes will increase the benefit to the public of the
continuation of this Easement, and it is the intent of both Grantor and Grantee that any such changes
should not be assumed to be circumstances justifying the extinguishment or termination of this
Easement.
17. Division of Proceeds Between the Grantor and Grantee.
The rights of Grantee created by this Easement constitute a real property interest vested in
Grantee. In the event of condemnation of the Property or extinguishment of the Easement, the values of
Grantee's and Grantor's interests in the Property shall be computed as follows:
a) If all or any portion of the Property is being sought by an entity that has the power of
condemnation, the fair market value of the Property unencumbered by this Easement minus any
increase in value after the date of this Easement attributable to improvements shall be
determined by the court in the condemnation proceeding, or by the agreement of Grantor,
Grantee, and the condemning entity.
b) If all or any portion of the Easement is being extinguished, the fair market value of the Property
unencumbered by this Easement minus any increase in value after the date of this Easement
attributable to improvements shall be determined by the agreement of Grantor and Grantee, but if
the parties cannot agree, by an appraisal completed by a mutually acceptable licensed appraiser.
c) Once the fair market value of the Property as if unencumbered by this Easement has been
established pursuant to the above, the value of Grantor's and Grantee's respective interests in the
Property shall be a percent of the fair market value of the Property as if unencumbered by this
Easement as follows:
Page 8 of 13
j) Grantor's interest shall be thirty percent (30 %), minus an increase in value after the
date of this Easement attributable to improvements.
ii) Grantee's interest shall be seventy percent (70 %).
18. Condemnation. If the Property is taken, in whole or in part, by exercise of the power of eminent
domain, or if the Easement is extinguished or terminated and the Property is subsequently sold or
exchanged, Grantee shall be entitled to compensation for the value of their respective interests, in
accordance with applicable law, as determined pursuant to paragraph 17 above.
19. Assignment.
This Easement is transferable, but Grantee may assign its rights and obligations under this
Easement only to an organization that is authorized to acquire and hold conservation easements under
Colorado law. 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 Easement
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.
20. 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 sixty (60) 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 an entity or person whose property is not exempt from
taxation, the transferee as subsequent owner 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.
21. Notices.
Any notice, demand, request, consent, approval, or communication that either party desires or is
required to give to the other shall be in 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
Page 9 of 13
City Manager
1 City Hall Place
Pueblo, CO 81003
To the Grantee:
Colorado Division of Parks and Outdoor Recreation
1313 Sherman Street, Room 618
Denver, CO 80203
Attn: Real Estate Section
Lake Pueblo State Park
640 Pueblo Reservoir Road
Pueblo, CO 81005
Attn: Park Manager
or to such address as either party from time to time shall designate by written notice to the other.
22. 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.
23. 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
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.
Page 10 of 13
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. 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.
G. 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.
H. 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.
L Amendment.
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. 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 recorded in
the records of the Pueblo County Clerk & Recorder.
J. Termination of the Division of Parks and Outdoor Recreation.
In the event the Colorado Division of Parks and Outdoor Recreation is terminated or merged into
another entity, the rights and obligations of the Colorado Division of Parks and Outdoor Recreation
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.
Page 11 of 13
K Governmental Immunity.
Grantor and Grantee do Bees not intend to waive by any provision of this Easement the monetary
limitation or any other rights, immunities or protections provided by the Colorado Governmental
Immunity Act, Section 24 -10 -101, et sea. C.R.S., as amended or any other law, either statutory or
common law.
L. Venue.
Pueblo, County, Colorado shall be the only appropriate venue for any action or dispute arising
form this Easement.
N. Third Parties.
This Easement 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.
24. 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.
IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have set
their hands on the date first written above. n
CIl
APPROVED AS TO FORM:
City Attorn
ATTEST:
By: — �,
" , ty Clerk
Page 12 of 13
. Y
STATE OF COLORADO
County of Pueblo
The foregoing instrument was acknowledged before me this ��day of
Z L&V\e— , 2001, by ) ( &,Lr L P
My commission expires �ua,ne_ a , _oy � . Witness my hand and official seal.
N t y Public
ACCEPTED:
STATE OF COLORADO
COLORADO DIVISION OF PARKS AND
OUTDOOR RECREATION
By:
Tom Kenyon, Acting D' e or
STATE OF COLORADO
County of Pueblo
f�
The foregoing instrument was acknowledged before me this 'Z of
Tuv,, , 2001, by TOM �C.P- . W -bt✓ytc�ov
My commission expires My Commission Expires Mamh19, 2003 . Witness my hand and official seal.
,��ltttlltllfllll / /
0 R Y
C� O �� q Notary u is
Q' R j. O
m�
U8`ic Q ;
Page 13 of 13
EXHIBIT A
LEGAL DESCRIPTION:
A TRACT OF LAND LOCATED IN SECTION 16, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE
6 TH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 16; THENCE S89 1 01 1 1W
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16, A DISTANCE
OF 400.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION:
I. THENCE S89 0 41'01 "W CONTINUING ALONG SAID SOUTH LINE OF THE SOUTHEAST
QUARTER, A DISTANCE OF 2236.23 FEET TO THE SOUTH QUARTER CORNER OF SAID
SECTION 16;
2. THENCE S89 °41'03 "W ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 16, A DISTANCE OF 2635.71 FEET TO THE SOUTHWEST CORNER OF
SAID SECTION 16;
3. THENCE N01 °22' 16 "W ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 16, A DISTANCE OF 2636.63 FEET TO THE WEST QUARTER CORNER
OF SAID SECTION 16;
4, THENCE N89 "E ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 16, A
DISTANCE OF 1973.66 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF
THE NORTHWEST QUARTER OF SAID SECTION 16;
5. THENCE NO 1 0 23'24 "W ALONG SAID WEST LINE, A DISTANCE OF 2652.24 FEET TO
THE NORTH LINE OF SAID SECTION 16;
6. THENCE S89 °57' 17 "E ALONG SAID NORTH LINE, A DISTANCE OF 99.23 FEET TO THE
NORTHWEST CORNER OF A TRACT OF LAND AS RECORDED IN BOOK 1501 AT PAGE
57 OF THE RECORDS OF SAID PUEBLO COUNTY;
THE FOLLOWING TWO (2) COURSES FOLLOW THE WESTERLY AND SOUTHERLY
BOUNDARY OF SAID TRACT RECORDED IN BOOK 1501 AT PAGE 57:
7. THENCE S00 0 02'43 "W A DISTANCE OF 50.00 FEET;
8. THENCE S89 °57'17 "E A DISTANCE OF 229.83 FEET TO A POINT ON THE SOUTHERLY
LINE OF PARCEL NO, 239 RECORDED IN BOOK 1853 AT PAGE 624 OF THE RECORDS
OF SAID PUEBLO COUNTY;
THE FOLLOWING FIVE (5) COURSES FOLLOW SAID SOUTHERLY LINE OF PARCEL NO. 239
RECORDED IN BOOK 1853 AT PAGE 624:
9. THENCE S71 0 15'05 "E A DISTANCE OF 230.71 FEET;
10. THENCE S71 0 44'35 "E A DISTANCE OF 869.20 FEET TO A NON - TANGENT CURVE TO
THE LEFT;
11, THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF
11634.20 FEET, A DELTA ANGLE OF 04 °23'28 ", AN ARC LENGTH OF 891.62 FEET,
WHOSE LONG CHORD BEARS S77 0 44'05 "E A DISTANCE OF 891.40 FEET;
12, THENCE S81 0 07'05 "E A DISTANCE OF 722.00 FEET;
13. THENCE S61 0 42'05 "E A DISTANCE OF 386.20 FEET TO THE EAST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 16;
14. THENCE SO 1 ALONG SAID EAST LINE, A DISTANCE OF 867.26 FEET TO THE
MOST NORTHERLY POINT OF PARCEL NO. 39 RECORDED IN BOOK 1853 AT PAGE 624
OF THE RECORDS OF SAID PUEBLO COUNTY;
THE FOLLOWING THREE (3) COURSES FOLLOW THE WESTERLY LINE OF SAID
PARCEL NO. 39 RECORDED IN BOOK 1853 AT PAGE 624:
15. THENCE S16 °24'33 "W A DISTANCE OF 358.50 FEET;
16. THENCE S09 0 48'33 "W A DISTANCE OF 1138.60 FEET;
17. THENCE S00 0 01'03 "W A DISTANCE OF 2055.36 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION.
THE ABOVE TRACT OF LAND CONTAINS 461,53 ACRES, MORE OR LESS.
AND:
THE SW 1/4 OF SECTION 17, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO.
AND:
THE S 1/2 OF SECTION 18, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 TH PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO.
AND:
THE N.1/2; THE N 1/2 OF THE SW 1/4; THE N I/2 OF THE SE 1/4; AND THE SE I/4 OF THE SE 1/4,
ALL IN SECTION 19, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6' PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO.
AND:
THE NW 1/4; THE N 1/2 OF THE NE 1/4; THESE 1/4 OF THE NE 114; THE E 1/2 OF THE SE 1/4;
AND THE SW 1/4 OF THE SE 1/4, ALL IN SECTION 20, TOWNSHIP 20 SOUTH, RANGE 65 WEST
OF THE 6 TH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO.
AND:
THE NW 1/4; THE SW 1/4 OF THE NE 1/4; THE E 1/2 OF THE SW 1/4; THE SW 1/4 OF THE SE 1/4,
ALL IN SECTION 21, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 TH PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, ALONG WITH A TRACT OF LAND
LOCATED IN THE SE 1/4 OF THE SE 1/4 OF SAID SECTION 21, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21; THENCE S89 0 18'06 "W
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 21, A DISTANCE
OF 400.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION:
1. THENCE S89 0 18'06 "W CONTINUING ALONG THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 21, A DISTANCE OF 915.83 FEET TO THE SOUTHWEST
CORNER OF THE SE 1/4 OF THE SE 1/4 OF SAID SECTION 21;
2. THENCE N00 0 34'49 "W ALONG THE WEST LINE OF SAID SE 1/4 OF THE SE 1/4, A
DISTANCE OF 1319.07 FEET TO THE NORTHWEST CORNER OF SAID SE 1/4 OF THE
SE 1/4;
3. THENCE N89 0 21'02 "E ALONG THE NORTH LINE OF SAID SE 1/4 OF THE SE 1/4, A
DISTANCE OF 966.33 FEET TO THE NORTHWEST CORNER OF PARCEL NO. 35
RECORDED IN BOOK 1853 AT PAGE 624 OF THE RECORDS OF SAID PUEBLO
COUNTY;
4. THENCE S01 0 36'49 "W ALONG THE WEST LINE OF SAID PARCEL NO. 35 RECORDED
IN BOOK 1853 AT PAGE 624, A DISTANCE OF 1319.32 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION.
THE ABOVE DESCRIBED PARCEL CONTAINS 28.49 ACRES, MORE OR LESS.
AND:
A TRACT OF LAND LOCATED IN THE N 1/2 OF SECTION 28, TOWNSHIP 20 SOUTH, RANGE 65
WEST OF THE 6 MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28; THENCE S89 0 18'06 11 W
ALONG THE NORTH LINE OF T14E NORTHEAST QUARTER OF SAID SECTION 28, A DISTANCE
OF 400.00 FEET TO A POINT ON THE WEST LINE OF PARCEL NO. 35 RECORDED IN BOOK 1853
AT PAGE 624 OF THE RECORDS OF SAID PUEBLO COUNTY, SAID POINT BEING THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION:
1. THENCE S03 0 46'45"E ALONG THE WEST LINE OF SAID PARCEL NO. 35 AS RECORDED
IN BOOK 1853 AT PAGE 624, A DISTANCE OF 1741.94 FEET TO THE NORTHERLY
RIGHT -OF -WAY LINE OF THE RELOCATED DENVER AND RIO GRANDE WESTERN
RAILROAD CO. AS RECORDED IN BOOK 2121 AT PAGE 698 OF THE RECORDS OF
SAID PUEBLO COUNTY, SAID POINT BEING ON A NON - TANGENT CURVE TO THE
LEFT;
THE FOLLOWING SIX (6) COURSES FOLLOW SAID NORTHERLY RIGHT -OF -WAY LINE OF
THE RIO GRANDE WESTERN RAILROAD CO. AS RECORDED IN BOOK 2121 AT PAGE 698:
2. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 3364.17
FEET, A DELTA ANGLE OF 42 °27'56 ", AN ARC LENGTH OF 2493.40 FEET, WHOSE
LONG CHORD BEARS S89 °32' 10 "W A DISTANCE OF 2436.72 FEET;
3. THENCE S67 0 48'08 "W A DISTANCE OF 517.08 FEET TO A NON - TANGENT CURVE TO
THE LEFT;
4. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 3399.17
FEET, A DELTA ANGLE OF 11 °08'42 ", AN ARC LENGTH OF 661.20 FEET, WHOSE LONG
CHORD BEARS S53 0 58'57 "W A DISTANCE OF 660.16 FEET;
5. THENCE S47 0 40'58 "W A DISTANCE OF 102.87 FEET;
6. THENCE S46 "W A DISTANCE OF 100.97 FEET;
7. THENCE S46 0 38'57 "W A DISTANCE OF 89.75 FEET;
8. THENCE N01 0 14'08 "W A DISTANCE OF 2498.28 FEET TO THE NORTH LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 28;
9. THENCE N89° 18'40 "E ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 28, A DISTANCE OF 1371.97 FEET TO THE NORTH QUARTER CORNER
OF SAID SECTION 28;
10, THENCE N89 0 18'06 "E ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 28, A DISTANCE OF 2231.66 FEET TO THE TRUE POINT OF BEGINNING
OF THIS DESCRIPTION.
THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 145.29 ACRES, MORE OR LESS.
BASIS OF BEARINGS FOR THESE DESCRIPTIONS IS THE WEST LINE OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6" P.M., WHICH IS
ASSUMED TO BEAR N01 0 14'08 "W, FROM THE WEST QUARTER CORNER OF SAID SECTION 28
(A 3 1/4" BLM BRASS CAP), TO THE NORTHWEST CORNER OF SAID SECTION 28 (A 3 1/4" BLM
BRASS CAP).
THE FOREGOING DESCRIPTION WAS PREPARED BY:
RAYMOND JOSEPH PECHEK PLS 24964
FOR AND ON BEHALF OF URS
9960 FEDERAL DRIVE, SUITE 300
COLORADO SPRINGS, COLORADO 80921
(719)531 -0001
TUNE 18, 2001
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
�.
EXHIBIT D
A TRACT OF LAND LOCATED IN A PORTION OF THE NE 1/4 OF THE NE 1/4, SECTION 33,
TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 TH PRINCIPAL MERIDIAN, PUEBLO
COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF A TRACT OF LAND DEEDED TO CHARLES
WILLWORTH BY AUGUST DEITLAF AS RECORDED IN BOOK 179 AT PAGE 63 OF THE
RECORDS OF SAID PUEBLO COUNTY FROM WHENCE THE EAST QUARTER CORNER OF
SAID SECTION 33 BEARS S 11 1'56"E A DISTANCE OF 2303.59 FEET;
1. THENCE N68 0 50'41 "E ALONG THE SOUTHERLY LINE OF SAID TRACT RECORDED IN
BOOK 179 AT PAGE 63, A DISTANCE OF 290.04 FEET TO THE SOUTHEAST CORNER OF
SAID TRACT, SAID POINT ALSO BEING ON THE WEST LINE OF A TWO (2) ACRE
TRACT DEEDED TO J. H. SCHULZ BY AUGUST DEITLAF BY DEED RECORDED IN
BOOK 88 AT PAGE 339 OF THE RECORDS OF SAID PUEBLO COUNTY;
2. THENCE SO 1 ALONG THE WEST LINE OF SAID TRACT RECORDED IN BOOK
88 AT PAGE 339, A DISTANCE OF 418.21 FEET TO THE SOUTHWEST CORNER OF SAID
TWO (2) ACRE TRACT, SAID POINT -ALSO BEING THE NORTHWEST CORNER OF A
PARCEL AS RECORDED BY DEED IN BOOK 1718 AT PAGE 536 OF THE RECORDS OF
SAID PUEBLO COUNTY;
THE FOLLOWING THREE (3) COURSES FOLLOW THE WESTERLY LINE OF SAID DEED
RECORDED IN BOOK 1718 AT PAGE 536:
3. THENCE S56 0 51'48 "E A DISTANCE OF 111.80 FEET;
4. THENCE S00° 1 1'42 "W A DISTANCE OF 501.60 FEET;
5. THENCE S 11 0 46'26 "E A DISTANCE OF 69.38 FEET TO THE SOUTH LINE OF THE NE 1/4
OF THE NE 1/4 OF SAID SECTION 33;
6. THENCE S88 0 55'53 "W ALONG SAID SOUTH LINE OF THE NE 1/4 OF THE NE 1/4 OF
SAID SECTION 33, A DISTANCE OF 432.67 FEET TO THE SOUTHWEST CORNER OF A
TRACT DEEDED TO ALLIA WILCOXSON BY AUGUST DEITLAF BY DEED RECORDED
IN BOOK 264 AT PAGE 340 OF THE RECORDS OF SAID PUEBLO COUNTY;
7. THENCE NO2 1"E ALONG THE EASTERLY LINE OF SAID DEED RECORDED IN
BOOK 264 AT PAGE 340, A DISTANCE OF 953.31 FEET TO THE POINT OF BEGINNING
OF THIS DESCRIPTION.
THE ABOVE TRACT OF LAND CONTAINS 8.19 ACRES, MORE OR LESS,
BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE EAST LINE OF THE SOUTHEAST
QUARTER OF SECTION 33, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 TH P.M., WHICH IS
ASSUMED TO BEARN00 °40'27 "W, FROM THE SOUTHEAST CORNER OF SAID SECTION 33 (A
BRASS TACK IN LEAD PLUG IN MONUMENT BOX), TO THE EAST QUARTER CORNER OF
SAID SECTION 33 (A 6 "X6" SANDSTONE W /TACK IN SHINER IN MONUMENT BOX).
THE FOREGOING DESCRIPTION WAS PREPARED BY:
RAYMOND JOSEPH PECHEK PLS 24964
FOR AND ON BEHALF OF URS
9960 FEDERAL DRIVE, SUITE 300
COLORADO SPRINGS, COLORADO 80921
(719) 531 -0001
JUNE 18, 2001
EXHIBIT D (continured)
Parcel 1:
All of Blocks 1 through 12, Greenwood County of Pueblo, State of
Colorado, a subdivision of the North 1/2 'of Section Township 20
South, Range 65 West of the 6th P.M. 1 'according to the recorded plat
thereof
EXCEPTING that portion sold_to U.S.A. April 20, 1981 in Book 2069 at Page
835.
Parcel 2:
The W1 /2 of vacated 7th Street and all remaining streets and alleys
adjacent-to Blocks 1 through 12 in Greenwood Heights, County of Pueblo,
State of Colorado.
Parcel 3.:
SWl /4SW1 /4.0 Section 28, Township 20 South, Range 65 West of the 6th
P.M., County of Pueblo', State of Colorado,
That part located North of the West Pueblo Ditch in the SW1 /4NW1 /4 of
Section 33, Township 20 Rang,e'65 West of the 6th P.M., County of
Pueblo, State of'Colorado,
SE1 /4NE1 /4 of Section 32, Township 20 South, Range 65 West of the 6th
P.M., AND that part of NE1 /4SE1/4 lying Northerly of the Pueblo and.
Arkansas Valley Railroad Cqmpany right of way described in Book 18 at
Page 142, and.except any portion within the-right of way of West
Ditch in Section 32, Township 20 South, Range 65 West of the 6th P.M.,
County of Pueblo, State Colorado,
EXCEPTING portions conveyed in instrument recorded'in Book 18 at Page
142, in Book 283 at Page 391, in Book 1764 at Page 790 and in Book 2336
at Page 920.
T E (corilin:ued
- ------------- ...
..... .......... .... . ..... . .....
00 n �
BOOK 179
DEEDED F
F ROM
PAGE 83 i:
0
AUGUST DEITLAF
TO J.H. SCHULZ
C,
rl-
E X 'I'l 13 IT
A'
P.O,B
DEEDED FROM AUGUST DEITLAF
TO ALLIA WILLCOX SON i rn
BOOK 264 PAGE 340
o
Lo i rn
�;- iu ,F
w
kn
z
fu
Y E
SW CORNER
1 7 , THE
NE 4 OF
E
NE 1/4 SEC. 3
SOUTH LINE OF THE NE 1/4 OF THE NE 1/4
432,67' ARCEL DEFINED BY
LOT NO 1 & PART OF LOT NO 2, THE FIRST
STATE RIGHT OF WAY
PLANS FOR PUEBLO
ADDITION TO THE PUEBLO GARDENS PLAT
BLVD.
BOOK I PAGE 17.
....................................... . ......
. ............ ...
... (�d -------- .......
it
SCALE' 1'- 30L
141N�
um
GARDENN
IS'
ADDITION
r- RE
rl-
E X 'I'l 13 IT
FENCING AGREEMENT
COLORADO STATE PARKS /CITY OF PUEBLO
Honor Farm Property
THIS FENCING AGREEMENT, is made this ZA day of
2001, by and between the STATE OF COLORADO acting
by and through the DEPARTMENT OF NATURAL RESOURCES for the use and benefit of
the DIVISION OF PARKS AND OUTDOOR RECREATION AND BOARD OF PARKS
AND OUTDOOR RECREATION (the "State "), and City of Pueblo (the "City ").
WHEREAS, the State and City have entered into a Purchase and Sale Agreement
dated June ZS , 2001, whereby the State will convey certain lands to the City, and
WHEREAS, pursuant to Paragraph 8 of said Purchase and Sale Agreement, the State
and City have agreed to enter into an agreement for fencing the boundary between the parties'
properties created by the State's conveyance to the City.
NOW THEREFORE, it is hereby agreed as follows:
1. The City and State agree to share equally the cost of constructing and maintaining
fence (the "Boundary Fence ") on the boundary lines between the respective parties'
properties.
2. The Boundary Fence shall be constructed at such time as both parties shall mutually
agree. The Boundary Fence shall consist of four (4) strand barb wire with metal "T" posts,
approximately four (4) feet in height. It is contemplated the parties will agree on a contractor
for initial construction and each party will be separately responsible for its share of payments
to the contractor.
3. Maintenance of the Boundary Fence will be shared equally by the parties in such
manner as shall be mutually agreed upon.
4. STATE AND CITY LIABILITY EXPOSURE. Notwithstanding any other provision
of this Agreement to the contrary, no term or condition of this Agreement shall be construed
or interpreted as a waiver, either expressed or implied, of any of the immunities, rights,
benefits or protection provided to the State or the City under the Colorado Governmental
Immunity Act 24 -10 -101, et seq. C.R.S., as amended or as may be amended (including,
without limitation, any amendments to such statute, or under any similar statute which is
subsequently enacted, or any other law, statutory or common). The parties hereto understand
and agree that liability for claims for injuries to persons or property arising out of the
negligence of the City or of the State of Colorado, its departments, institutions, agencies,
boards, officials and employees is controlled and limited by the provisions of 24 -10 -101, et
seq., C.R.S., as amended or as may be amended, and 24- 30- 1501,et seq., C.R.S. as
amended or as may be amended. Any provision of this Agreement, whether or not
incorporated herein by reference, shall be controlled, limited and otherwise modified so as to
limit any liability of the State or the City to the above cited laws.
5. Financial obligations of the State and City payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. Neither this Agreement nor any provisions hereof shall be construed as creating or
constituting (i) a mandatory payment obligation of the State or City in any fiscal year beyond
a fiscal year in which State or City has budgeted, appropriated and otherwise made available
funds for payment of any financial obligation imposed on it by this Agreement, or (ii) a
multiple - fiscal year direct or indirect debt or financial obligation of the State or City within
the meaning of Sec. 20, Art. X of the Colorado Constitution.
IN WITNESS WHEREOF, the parties hereto have executed this Escrow Agreement as of the
date first set forth above.
CITY:
City of Pu to ,
B ;
Title r'` Z,5 d`e'4
STATE:
STATE OF COLORADO
Bill Owens, Governor
By
Tom Kenyon, Acting Director
Colorado Division of Parks an tdoor Recreation
ESCROW AGREEMENT
COLORADO STATE PARKS /CITY OF PUEBLO/
COLORADO DEPARTMENT OF NATURAL RESOURCES
Honor Farm Property
THIS ESCROW AGREEMENT, is made this X day of
rv— 2001, by and among the STATE OF COLORADO for the use a
the DIVISION OF PARKS AND OUTDOOR RECREATION AND BOARD OF PARKS AND
"City "), and the Colorado Department of Natural Resources (the "Escrow Agent ").
WHEREAS, Parks and City have entered into a Purchase and Sale Agreement dated
June ?f , 2001, whereby Parks will convey certain lands to the City, and
WHEREAS, pursuant to Paragraph 2.vi. of said Purchase and Sale Agreement, the
City shall make a series of payments to Parks, and
WHEREAS, pursuant to Paragraph 3 of said Purchase and Sale Agreement, Parks and
City have agreed to place deeds for certain portions of the land conveyed by Parks to the City
into escrow in the event of the City's default on said payments.
NOW THEREFORE, it is hereby agreed by the parties hereto as follows:
1. The City shall deliver three (3) fully executed quit claim deeds to the Escrow Agent at
closing on the Purchase and Sale Agreement. The legal description for each Quit Claim Deed
shall be as mutually agreed upon between the City and Parks. The Quit Claim Deeds shall
each have an effective date corresponding to the dates of payment as stated in Paragraph 2
below.
2. The City shall make three (3) equal payments to Parks (the "Annual Payments ") of TWO
HUNDRED SIXTEEN THOUSAND ONE HUNDRED ELEVEN DOLLARS AND SIXTY
ONE CENTS ($216,111.61), said payments due no later than February 28 in each of the three
(3) years following the year of closing (payments due in 2002, 2003, and 2004).
3. Upon evidence submitted to the Escrow Agent of payment of an Annual Payment, the
Escrow Agent shall cause the designated (corresponding to the effective date) Quit Claim Deed
to be delivered to the City. Evidence of an Annual Payment will be deemed to have occurred
upon: i) receipt by the Escrow Agent of a copy of the check transferring funds to Parks (or to
such other party as Parks may designate to the City), to be furnished by the City, and ii)
written notification signed by the Deputy Director or Director of the Colorado Division of
Parks and Outdoor Recreation, of receipt of City's check. Said written notification from Parks
shall occur within five (5) days from receipt of City's check.
4. Nonpayment of an Annual Payment shall constitute default by the City. After written notice
from Parks (with a copy delivered to the Escrow Agent), the City shall have sixty (60) days
from the date of notice to cure the payment default to Parks's satisfaction. In the event the
payment default is not cured by the City, Parks shall provide written notice to the Escrow
Agent (with a copy to the City) that an Annual Payment has not been received, and the Escrow
Agent shall cause all remaining Quit Claim Deeds in possession of the Escrow Agent to be
delivered to Parks, and Parks shall record said Deeds revesting title in Parks. In the event of
the foregoing, the City shall thereupon have no further right, title or interest in and to the
property described in the recorded Quit Claim Deed(s), and the City shall immediately
surrender possession of said property to Parks. In the event the payment default is cured to
Parks's satisfaction, either by payment by the City or such other agreement (the "Subsequent
Agreement ") as may be made between Parks and the City, the Escrow Agent shall follow the
instructions in Paragraph 3 above or proceed according to instructions stated in the Subsequent
Agreement.
5. Any notice required or permitted herein shall be in writing and delivered personally or by
first class U.S. mail, to the address or addresses and persons set forth below, provided that the
parties can change their mailing address by providing notice to the other party:
Colorado State Parks With a copy to: Colorado State Parks
618 2128 N. Weber 1313 Sherman St., Rm.
Colorado Springs, CO 80907 Denver, CO 80203
Attn: South Region Manager Attn: Real Estate
Coordinator
City of Pueblo With a copy to: City of Pueblo
1 City Hall Place 211 East "D" St.
Pueblo, CO 81003 Pueblo, CO 81003
Attn: City Manager's Office Attn: Dept. of Planning
Development
Colorado Department of Natural Resources
1313 Sherman St., Rm. 718
Denver, CO 80203
Attention: Liaison for Parks
IN WITNESS WHEREOF, the parties hereto have executed this Escrow Agreement as of the
date first set forth above.
CITY:
City of Pue
IJ
By ,, 1" - A
v
V ; �--
Title
STATE:
STATE OF COLORADO
Bill Owens, Governor
By
Tom Kenyon, Acting Direc r
Colorado Division of Parks and Outdoor Recreation
ESCROW AGENT:
Colorado Department of Natural Resources
By
Title SS: S tom., i /7 <<_i, - O/Ue,
Recorded at _
Reception No
o'clock M.
Recorder
QUITCLAIM DEED l Resol uti on 9335
THIS DEED Made this 29th dayof June, 2001
between the City of Pueblo, a municipal
x corporation duly organized and existing under and by virtue of the laws of the State of
Colora o grantor, the State of Colorado`
acting y and through the Department of
Natural Resources, for the use and benefit of
the Division of Parks and Outdoor Recreation
and Board of Parks and Outdoor Recreation
XydKxMoKduly organized and existing under and by virtue of the laws of the State of
Colorado grantee whose legal address is 1313 Sherman Street,
Room 618, Denver, Colorado 80203
WITNESS, That the grantor, for and in consideration of the sum of
Ten Dollars and Other Good and Sufficient Consideration EMLMMY.
the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise,
release, sell and QUITCLAIM unto the grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the grantor
has in and to the real property, together with improvements, if any, situate, lying and being in the ` County
of Pueblo and State of Colorado, describedaD3 l*X: on Exhibit A attached
hereto and incorporated 'herein.
This Deed is to be held in escrow by the Department of Natural
Resources ( "Escrow Agent ") to be.delivered pursuant to the
Escrow Agreement dated June 29, 2001 between Grantor, Grantee
and Escrow Agent ( "Escrow Agreement "). Although signed and
acknowledged by Grantor, this Deed shall not be deemed to have
been delivered until actually physically delivered to either Grantor
or Grantee by the Escrow Agent pursuant to the instructions containe
in the Escrow Agreement. This Deed relates to the payment to be
made February 28, 2002.
aso known by street and number as: None — Vacant Land.
�4441�4PR9P3E��c
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise
thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use
benefit and behoof of the grantee, its successors and assigns forever. the President of the Clit Counc
IN WITNESS WHEREOF, The grantor has caused its DDppX = name to be hereunto subscribed by-*K M 1W=
Fi(e�i>E3[8C_ Seof a=, the day and year first above written.
The i of ebl
y C C y t^. x ,3 P e ide ' t o >
r p City Council
sEAI, r • r .
• •= DOCUMENT RECEIVED FOR RECOR
�-� NOT LEGIBLE FOR IMAGING
4 7 , SS AA COLORADO
L l ss.
County of Pueblo
The foregoing instrument was acknowledged before me this 29th day of tI 4 2 Q 03 ,
b Al Gurule as President of the City uncil' ti
of the City of Pueblo, a Municipal Cr ratie7lt .its :J ,
O a corporation.
'1g
Zy 1 01 My commission expires V�
Witness my hand and official seal. Y
� Nona Public
*If in Denver, insert "City and ". ✓ +,�y Q \ �j
38 -35- 106.5,
a
N
N
,r
e4 m
Cq w N m
O 0
O
•• N
AM
r a m m
m
fx
Y
� U
U
O
� m
7
� a
N
c
� 7
� U
N
= L
t
U
NG
No. 825. Rev. 4-94. QUITCLAIM DEED (Corporation to Corporation)
Bradford Publishing, 1743 Wazee St., Denver, CO 80202 — (303) 292 -2500 — 4 -%
2002 ESCROW DESCRIPTION:
A TRACT OF LAND LOCATED IN A PORTION OF THE S 1/2 OF SECTION 18, AND THE SW 1/4
OF SECTION 17, BOTH IN TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 TH PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 18;
1. THENCE N89 0 52'00 "E ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 18, A
DISTANCE OF 5244.88 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 18;
2. THENCE S89 0 27'06 "E ALONG THE NORTH LINE OF THE SW 1/4 OF SAID SECTION 17,
A DISTANCE OF 585.22 FEET;
3. THENCE SO1 °19'43 "E A DISTANCE OF 2277.04 FEET;
4. THENCE S89 0 56'34 "W A DISTANCE OF 5862.18 FEET TO THE WEST LINE OF SAID
SECTION 18;
5. THENCE N00 °31' 13 "W ALONG THE WEST LINE OF SAID SECTION 18, A DISTANCE OF
2275.78 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.
THE ABOVE TRACT OF LAND CONTAINS 305.89 ACRES, MORE OR LESS.
BASIS OF BEARINGS FOR THESE DESCRIPTIONS IS THE WEST LINE OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 TH P.M., WHICH IS
ASSUMED TO BEAR NO1 °14'08 "W, FROM THE WEST QUARTER CORNER OF SAID SECTION 28
(A 3 1/4" BLM BRASS CAP), TO THE NORTHWEST CORNER OF SAID SECTION 28 (A 3 1/4" BLM
BRASS CAP).
THE FOREGOING DESCRIPTION WAS PREPARED BY:
RAYMOND JOSEPH PECHEK PLS 24964
FOR AND ON BEHALF OF URS
9960 FEDERAL DRIVE, SUITE 300
COLORADO SPRINGS, COLORADO 80921
(719) 531 -0001
JUNE 26, 2001
1431093
Page: 2 of 2 lill 11111111111 11111111 ChrisC.Munoz P 11111111111111111 tyClk &Rec QUIT R 10.00 3/22/2000011:52A
EXHIBIT A
Recorded at —odock
R,�.^ C No.
Recorder
QUITCLAIM DEED
THIS DEED, Made this 29th dayof June, 2001 18
between the City of Pueblo, a municipal
Y corporation duly organized and existing under and by virtue of the laws of the State of
acting and through Department ofColorado
Natural Resources, for the use and benefit of
the Division of Parks and Outdoor Recreation
and Board of Parks and Outdoor Recreation
1dYdqX00RKduIy organized and existing under and by virtue of the laws of the State of
COlOrado ,grantee, whom legal addressis 1313 Sherman Street,
Room 618, Denver, Colorado 80203
WITNESS, That the grantor, for and in consideration of the sum of
Ten Dollars and Other Good and Sufficient Consideration DMIinANg
the receipt and sufficiency of which is hereby ac has remised, released, sold and QUITCLAIMED, and by these presents does remise,
release, sell and QUITCLAIM unto the grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the grantor
has in and to the real property, together with improvements, if any, situate, lying and being in the • County
o f Pueblo and State of Colorado, describedaxmlift on Exhibit A attached
hereto and incorporated herein.
This Deed is to be held in escrow by the Department of Natural
Resources ( "Escrow Agent ") to be delivered pursuant to the
Escrow Agreement dated June 29, 2001 between Grantor, Grantee
and Escrow Agent ( "Escrow Agreement "). Although signed and
acknowledged by Grantor, this Deed shall not be deemed to have
been delivered until actually physically delivered to either Grantor
or Grantee by the Escrow Agent pursuant to the instructions containe
in the Escrow Agreement. This Deed relates to the payment to be
made February 28, 2003.
as ic—hystreetandnumberas: NOne — Vacant Land.
�fiQSdAPRlCIf'9FA"RrRale
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise
thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use,
benefit and behoofofthe grantee, its successors and assigns forever. the President o£ the City
IN WITNESS WHEREOF, The H476dt lXDbX
grantor has caused its pDppl&ppCname to be hereunto subscribed byjgyl S
RK$ th dnd year first above writt
XXX of bl
x dent of t ty Council
SEAL
STATE OF COLORADO
u.
County of Pueblo
The foregoing instrument was acknowledged before me this 29th day of
by Al Gurule as President of the City Council'', °,>a
of the City of Pueblo, a Municipal Co ora1Y � V ,
c ration.
MyCOmmlSSlon espires 0J I ZLI
1 V 4
Witness my hand and official seal.
v '. � f = nlor,r PoNk
'If in Denver, insert "City and ". ; i { �`'•, , +,� w 'p'`�
Resolution #9335
a
r
N
MN '" m
in
co + N O
c o C3
VWW en
Sao
m
m
— U
m
m
Y
.ti
V
� V
N
0
� E
— U
N
= L
t
V
N0. 825. Rev. 4 -94. QUITCLAIM DEED (Carta a ton to Corporation)
Bradford Publishing, 1743 Wazee St., Denver. CO 80202 — (303) 292 -2500 — 0.96
2003 ESCROW DESCRIPTION:
A TRACT OF LAND LOCATED IN A PORTION OF THE S 1/2 OF SECTION 18, THE SW 1/4 OF
SECTION 17, THE N 1/2 OF SECTION 19, AND THE NW 1/4 OF SECTION 20, ALL IN TOWNSHIP
20 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE
OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 18;
1. THENCE N00 °31' 13 "W ALONG THE WEST LINE OF THE SW 1/4 OF SAID SECTION 18,
A DISTANCE OF 372.62 FEET;
2. THENCE N89 0 56'34 "E A DISTANCE OF 5862.18 FEET;
3. THENCE SO1 °19'43 "E A DISTANCE OF 2249.54 FEET;
4. THENCE S89 0 34'41 "W A DISTANCE OF 5887.83 FEET TO THE WEST LINE OF SAID
SECTION 19;
5. THENCE N00 1'49"W ALONG THE WEST LINE OF THE NW 1/4 OF SAID SECTION 19,
A DISTANCE OF 1913.98 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.
THE ABOVE TRACT OF LAND CONTAINS 305.89 ACRES, MORE OR LESS.
BASIS OF BEARINGS FOR THESE DESCRIPTIONS IS THE WEST LINE OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 P.M., WHICH IS
ASSUMED TO BEAR N01 0 14'08 "W, FROM THE WEST QUARTER CORNER OF SAID SECTION 28
(A 3 114" BLM BRASS CAP), TO THE NORTHWEST CORNER OF SAID SECTION 28 (A 3 1/4" BLM
BRASS CAP).
THE FOREGOING DESCRIPTION WAS PREPARED BY:
RAYMOND JOSEPH PEC14EK PLS 24964
FOR AND ON BEHALF OF URS
9960 FEDERAL DRIVE, SUITE 300
COLORADO SPRINGS, COLORADO 80921
(719) 531 -0001
JUNE 26, 2001
III
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 488530
27A
ChrisC.Munoz PuebloCtyClk &Rec QUIT R 11.00 D 0.00
EXHIBIT A