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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