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HomeMy WebLinkAbout09906RESOLUTION NO. 9906 A RESOLUTION APPROVING A SPECIAL USE PERMIT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE UNITED STATES DEPARTMENT OF THE INTERIOR RELATING TO THE ARKANSAS RIVER FISHERIES HABITAT RESTORATION PROJECT, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, City Council, as the Local Project Sponsor, has entered into a Project Cooperation Agreement on April 8, 2002 with the U.S. Army Corps of Engineers for the construction, operation, and maintenance of the Arkansas River Fisheries Habitat Restoration Project; and WHEREAS, the City of Pueblo is required to secure property interests that allow for the construction, operation, and maintenance of the project features of the Arkansas River Fisheries Habitat Restoration Project; and WHEREAS, the City of Pueblo has previously obligated and budgeted funds for the acquisition of property and the portion of the construction costs to be provided by the Local Project Sponsor; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Special Use Permit and Attachments between the City of Pueblo, a municipal corporation and the United States Department of the Interior, relating to the Arkansas River Fisheries Habitat Restoration Project, copies of which are attached hereto and incorporated herein, having been approved as to form by the City Attorney, are hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute and deliver said Special Use Permit attached thereto 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. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED July 14, 2003 BY Al Gurule/Councilperson APPROVED: Bill Sova/President of City Council ATTEST: Gina Dutcher/City Clerk Background Paper for Proposed ORDINANCE AGENDA ITEM # /2 DATE: JULY 14, 2003 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT/JIM MUNCH TITLE AN RESOLUTION APPROVING A SPECIAL USE PERMIT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE UNITED STATES DEPARTMENT OF THE INTERIOR RELATING TO THE ARKANSAS RIVER FISHERIES HABITAT RESTORATION PROJECT, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve a special use permit between the City of Pueblo and the United States Department of the Interior for the Arkansas River Fisheries Habitat Restoration Project? RECOMMENDATION Approval of the Resolution. BACKGROUND The special use pe,Hit will allow for the U.S. Army Corps of Engineers to construct the fishery habitat improvements within the Arkansas River Fisheries Habitat Restoration Project along a 1.8 mile section of the Arkansas River owned by the United States Department of the Intedor and managed by the U.S. Bureau of Reclamation as part of the Fryingpan-Arkansas Pueblo Dam project. The special use permit also allows the City of Pueblo access for the operation, repair, reconstruction, management, and maintenance of the project after the construction is completed. The special use permit is being issued for a 20-year period. The term of the permit is shown in the upper right hand corner of first page. The City of Pueblo is the Local Project Sponsor of the Arkansas River Habitat Project that includes the construction of a series of aquatic habitat structures, construction of a Iow water channel, the realignment of the river in two locations, and the planting of dpadan vegetation along a 9-mile section of the Arkansas River between Pueblo Dam and Fountain Creek. In Apdl 2002, the City entered into a Project Cooperation Agreement (PCA) with the Army Corps of Engineers to operate, manage, and maintain the project. The PCA Agreement requires the City of Pueblo to secure property interests that allow for the construction and operation of the project. The City also entered into a grant agreement with Groat Outdoors Colorado to assist in funding for the Arkansas River Corridor Legacy Project. The habitat project is will utilize $1,310,000 of the COCO funds as local matching funds to the U.S. Am~y Corps of Engineers. The anticipated construction schedule is from November 2003 through June 2005. FINANCIAL IMPACT The City of Pueblo has previously budgeted and appropriated the entire amount of the Local Project Sponsor funds ($2,307,000) for the River Habitat project. This appropriation includes the cost to survey and secure the permit from the Department of the Intedor including the property survey and permit application costs. In addition to the project construction costs, the Project Cooperation Agreement will require the City of Pueblo to maintain the habitat improvements over the project life, which is identified in the Arkansas River Fisheries Habitat Restoration - Final Ecosystem Restoration Report as 40 years. The report also estimated that the average maintenance cost would be $25,400.00 per year. GPo76 (Revised 9t91 ) UNITED STATES DEPARTMENT OF THE INTERIOR GREAT PLAINS REGION FRYINGPAN-ARKANSAS/PUEBLO RESERVOIR (Proj ectfdnit) SPECIAL USE PERMIT City of Pueblo Planning and Community Development Department Attention: Mr. Scott Hobson 211 East D Street Pueblo, Colorado 81003 ro J,~f~,~;. 20aa Purpose: (Specify use requested what, quantities, dimensions, etc.) The U.S. Bureau of Reclamation (Reclamation) authorizes the City of Pueblo (Pueblo) to construct, operate, and maintain fish habitat improvements on the Arkansas River downstream of Pueblo Dam and Reservoir in accordance with the Arkansas River Fisheries Habitat Restoration Project. The U.S. Army Corps of Engineers (COE) is funding a portion of the restoration project through a Section 206 Habitat Restoration appropriation. Pueblo will operate and maintain the restoration improvements as the local project sponsor. The project segment located on Reclamation land is designed to restore the currently suppressed natural riverine processes on 1.8 miles the Arkansas River. The plan focuses on structural improvements to the main river channel, including bank stabilization, habitat features, Iow- flow channel development, high-flow velocity breaks, native plantings, invasive vegetation control, and a channel realignment. Pueblo's proposed fish habitat enhancement plan report and project design drawings are attached as Exhibit B. Construction of the structures is scheduled to begin in the fall of 2003. Description of Premises: (Specify legal descriptions of land and major features such as reservoir, canal, etc.): The proposed project is located on U.S. Bureau of Reclamation lands in Township 20 South, Range 65 West, Sixth Principal Meridian, Section 31, and Township 20 South, Range 66 West, Sixth Principal Meridian, Section 36, Pueblo County, C,~olor~ado.,~e projp~)t legal description is attached as Exhibit A. Special Conditions: 1. Nothing in this permit provides for, guarantees, or infers any right to, releases of water from Pueblo Dam. 2. This permit is subject to completion of the cultural resource survey and State Historic Preservation Office (SHPO) concurrence for the final project area. Reclamation's review determined that Foothill Engineering Consultant's (FEC) 55.4-acre survey did not cover the final project area of approximately 72-acres. Permittee shall avoid disturbance of significant archeological sites, except as specified in the Section 106 SHPO consultation. Should an unknown archaeological site be encountered during construction, construction operations shall cease immediately and the U.S. Bureau of Reclamation Archaeologist, Robert Burton shall be contacted for further instruction at 970-962-436L (Special Conditions Continued) ASSIGN. fM[ANAGING AGENCY PERMIT SIGNATURE x~. AGENCY Co'~-azllY~ivisio~ & Outdoo~Recreation NAMEFHTLE Mike French: Manager. Lake Pueblo State Park Brian Person - Area Manager ~ ~ Sspproved by Issuing Officer: (Name and Title) Signature Pc icte of' 0 ib Ccorci I .Permittee~ Managing Agency, and Issuing Office Copies Special Conditions (Continued) Contract No. 3-LM.60.6461 3. Permittee shall avoid impacts and disturbance to the Bureau of Reclamation's - Denver Office, Tamarisk Biological Control Study area, as shown on the attached map (Attachment A-l). Debra Eberts, Botanist, Bureau of Reclamation, P.O. Box 25007, D-8220, Denver, CO 80225; phone No: 303 dd5-2217. 4. Permittee shall coordinate relocation of the existing fish hatchery water line as shown on design drawing plates No. 6 and 21 with Reclamation and the Colorado Division of Wildlife (CDOW), as follows: Tom Musgrove - Reclamation's Pueblo Field Office Manager - (719) 561-9855; and, A1 Tmjillo - CDOW Pueblo Area Office at (719) 561-5300. 5. Permittee shall coordinate construction and maintenance operations with Reclamation and the Colorado Division of Parks and Outdoor Recreation (CDPOR), as follows: Tom Musgrove - Reclamation's Pueblo Field Office Manager - (719) 561-9855; and, Mike French - Pueblo State Park Manager - (719) 561-9320. Permittee shall contact Reclamation and CDPOR 90-days prior to any furore construction and/or maintenance proposed on Reclamation owned lands. 6. Permittee shall be responsible to locate and avoid disturbance of all water and utility lines within the project area. 7. Permittee shall obtain approval for any future project changes from Reclamation, CDPOR, and CDOW, as listed in permit special conditions Nos. 4 and 5 above. 3 GENERAL CONDITIONS Authority to issue permits by the Unites States is conained in the Act of Congress of June 17, 1902 (32 Stat. 388), and acts amendatory thereto or supplementary thereto; penicularly section 10 of the Act of August 4, 1939 (53 Stat 1196); as amended by the Act of August 18, 1950 (64 Stat. 463; 43 U.S.C. 387); and 43 CFR 429. This permit is issued as authorized by Reclamation Law, and subject to all conditions con~thed herein. 1. Payments. All payments shall be made to the issuing office of the U.S. Bureau of Reclamation on or before the date of issue by a postal money order or a check made payable to the U.S. Bureau of Reclamation (Reclamation). 2. Use Limitations. The permitted use: (a) is limited to the purposes and premises herein specified; (b) does not uniess specified in the permit grant any rights to water; (c) does not unless provided for in the penmt allow restriction of public entry or uses or to the area; (d) is subject to existing easements, rights-of- way, or reservations; (e) is subject to the right of Reclamation to grant other permits for the same premises upon a finding by the Issuing Officer that the additional use is compatible with the use permitted herein; and (f) shall not impede Reclamation, it's agents, or assigns from cans~ng on whatever activities are necessary, to: (1) protect and maintain the premises, facilities, and adjacent lands administered by the United Sates and it's agencies and (2) manage all resonates located on the premises and other Reclamation lands. 3. Damages. The United Sates shall not be responsible for any loss or damage to property arising from the issuance of this permit, including but not limited to damages to growing crops, animals, and machinery; or injury to the Permitsee or its associates, officers, agents, employees, or any third parties who are on the premises; or for damages or interference caused by natemi phenomena. To the extent permitted by law, the Permittee agrees to save the United State or any of its assigns or agencies harmless from any and ail claims by the Permittse or by third parties for damages or losses that may arise from or be incident to any activity associated with this permit except for damages caused by the negligent or wrongful act of a Government employee. 40peratiJxg Rules and Laws. The Permittee shall keep the prem/ses iua neat and orderly condition at all times and shall comply with all municipal, county, Sate, and Federal laws, rules, and regelafions applicable to their operations under the permit. Also, the Permittee shall take all reasonable precautions to prevent the escape of fires and to suppress fires and shall render all reasonable assistance in the suppression of fires. 5. Responsib'ffity of Permittee. The Permittee, by operating on the premises, shall be considered to have accepted these premises with all the facilities, fixtures. or improvements in their existing condition as of the date of this permit. At the end of the period specified or upon earlier termination, the Permittee shall give up the premises in like condition as when received except for reasonable wear, tear, or damage occurring without fault or negligence. The Permittee will fully repay Reclamation for any and all damage, directly or indirectly, resulting from the Permittecg negligence or failure to use reasonable care. 6. Revocation. (a) Violation: Tkis pernut may be revoked on the tenth day following written notice to the Permittee upon a finding by Reclamation that the permittee has violated any of the terms herein or made use of the premises for porposes not herein prescribed: Provided; That if said violation or non-prescrthed use of the premises ceases within 10 days of receipt of notice, the permittee will be allowed to maintain occupancy under this permit. (b) Nonnse and project purposes: This permit may also be revoked with 30 days written notice to the Permitree upon a finding by Reclamation that: (1) the Penulttee has failed to use or discontinued ~e of the premises, or (2) the premises are needed for project purposes. (c) possession: Upon any such revocation, Reclamation, by and thxongh any authorized representative may take possession of said premises for its own and sole use in accordance with Section 10. 10. Removal of Permittee's Property. Upon the expiration, termination, or revocation of this permit, if all rental charges and damage claims due the Government have been paid, the Permittee may remove all structures, machinery, or other property from the premises. Upon failure to remove any of the said property within 60 days of expiration, termination, or revocation, it shall become the property of the United Sates and the Pemtittee shall pay the United States for all expenses rehted to property removE. I 1. Transfer of PrivBege~. This permit is not transferable. 12. Refunds. Ali money paid under this permit shall be retained by the Government. If Section 6 (b) (2) is exercised, the fee paid under this permit shall be l~funded by a prorated share as determined by Reclamation. 13. Official Barred from Participating. No Member of Congress or Resident Commissioner shall perdeipate in any part of this ctmtsact or to any benefit that may arise from it, but this provision shall not pectin to this conWact if made with a corporation for its general benefit. I4. Nondiscrimination in Employment. The Permittee agrees to be bound by the equal opportunity clause of Executive Order 11246. 15. Liability. The permitted activities shall be conducted so as not to interfere with the operation, maintenance, and administration of P~eclamation Projects. Any additional repairs, maintenance, or expense to Reclamation Projects as a result of the permitted activities shall be reimbursed to the United States by the Permittee. T~e Permittee may review such expenses; however, the Secretary of the la~terior's deterr~nation of such expense shall be final and binding upon the parties hereto~ 16. Trespass. Any use of the premises not herein prescribed shall be considered a trespass. Any violation or t~espass on any Reclamation lands by die Permittee shall be cause for ~evocation of this penint; in accordance with Section 6. (a). The Permitree shall be liable for any damages resulting therefrom and an approximate charge as determined by the issuing officer shah be made to the Permittee, Any property constructed in trespass shall be considered property of the United States, and the Permittee shall pay the United States for ail expenses related to property 17. Disclosure. In accordance with the Privacy Act of 1974 (PL 93-579). please be advised that: (a) Participation is vohintmy; however, failure to answer all questions fully raay delay processing of this application or result in denial of this permit; (b) information will be used as a criteria for the issuance of special use pernuts and for identification of personnel having special use permits on Reclamation lands; and (c) in the event there is intricated a violation of a statute, regulation, ale, order, or license, whether civil, ciSminal, or regulatory in nature, the requested information may be lxansferred to the appropriate Federal, State, or local agency charged with investigation or processing such violations. 7. Cultural Value~. Should evidence of historical, archaeological, or paleontological sites be discovered during use of the premises, the Permittee immediately shall suspend operations and advise the issuing officer. 8. Compliance. Failure of Reclamation to insist upon strict compliance with any of this permit's terms, conditions, and requirements shall not constitute a waiver or relinquish of Reclamation's right to thereafter enforce any of the permit's terms, conditions, or requirements. 9. Termination. At the termination of this permit, the Permittee shall immediately give up possession to Reclamation, reserving, however, the rights specified in Paragraph 10. Upon failure to do so, the Permittee shall pay the Government, as liquidated damages, an amount double the rate specified in this permit for the entire time possession is retained. The acceptance of any fee for liquidated damages or any other act of administration relating to the continued tenancy is not to be considered as an approval of the Permittee's possession. EXHIBIT "A" LEGAL DESCRIPTION TRACT A ARKANSAS RIVER HABITAT RESTORATION PROJECT A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND THE WEST HALF AND THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PUEBLO COUNTY, COLORADO, MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 36 (A 3-1/4" BLM BRASS CAP), THENCE SOUTH 43°59'21" WEST A DISTANCE OF 646.55 FEET TO A POINT ON AN EXISTING ACCESS ROAD, THE POINT OF BEGINNING; THENCE NORTH 76034'46" EAST A DISTANCE OF 720.85 FEET; THENCE NORTH 82005'27" EAST A DISTANCE OF 462.34 FEET; THENCE SOUTH 72°34'33'' EAST A DISTANCE OF 257.39 FEET; THENCE SOUTH 56°06'12'' EAST A DISTANCE OF 551.93 FEET; THENCE SOUTH 29°00'44" EAST A DISTANCE OF 386.85 FEET; THENCE SOUTH 48°34'41" EAST A DISTANCE OF 399.22 FEET; THENCE SOUTH 07047'29" WEST A DISTANCE OF 1,110.63 FEET; THENCE SOUTH 64004'06" EAST A DISTANCE OF 95.01 FEET; THENCE SOUTH 48°49'02" EAST A DISTANCE OF 546.98 FEET; THENCE SOUTH 12°35'41" EAST A DISTANCE OF 63.01 FEET; THENCE SOUTH 52058'03' EAST A DISTANCE OF 162.98 FEET; THENCE SOUTH 36050'32" EAST A DISTANCE OF 92,28 FEET; THENCE SOUTH 59045'23, EAST A DISTANCE OF 734.24 FEET; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT A DISTANCE OF 342.25 FEET, SAID CURVE HAS A RADIUS OF 480.00 FEET, A CENTRAL ANGLE OF 40'51'13", AND A LONG CHORD THAT BEARS SOUTH 33°42'37" EAST A DISTANCE OF 335.05 FEET; THENCE SOUTH 03°34'06" WEST A DISTANCE OF 255.45 FEET THENCE SOUTH 24005'38" WEST A DISTANCE OF 579.52 FEET THENCE SOUTH 30039'40" EAST A DISTANCE OF 169.57 FEET THENCE SOUTH 67005'53, EAST A DISTANCE OF 160.07 FEET THENCE NORTH 78° 22'39' EAST A DISTANCE OF 170.47 FEET THENCE NORTH 66003'32" EAST A DISTANCE OF 356.74 FEET THENCE NORTH 74°15'21, EAST A DISTANCE OF 266.12 FEET THENCE NORTH 89002'30" EAST A DISTANCE OF 632.85 FEET THENCE SOUTH 81°01'15" EAST A DISTANCE OF 419.36 FEET THENCE NORTH 40°17'12" EAST A DISTANCE OF 291.26 FEET THENCE NORTH 27°32'50" EAST A DISTANCE OF 191.85 FEET TO A POINT ON THE SECTION LINE BE~NEEN SECTIONS 31 AND 32, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN (THE EAST QUARTER CORNER OF SECTION 31, A 3-1/4" BLM BRASS CAP, BEARS NORTH 01"32'27" WEST A DISTANCE OF 1,376.25 FEET FROM SAID POINT); THENCE ALONG SAID SECTION LINE SOUTH 01032'27'' EAST A DISTANCE OF 419.03 FEET TO A POINT ON THE NORTH BOUNDARY LINE OF THE ARKANSAS RIVER AS CONVEYED IN BOOK 2336 AT PAGE 920 OF THE PUEBLO COUNTY RECORDS; THENCE ALONG SAID BOUNDARY LINE (AS EXISTING 12/99) THE FOLLOWING SEVEN COURSES: 1, SOUTH 71003'26" WEST A DISTANCE OF 144.52 FEET; 2, NORTH 86°59'17" WEST A DISTANCE OF 215.00 FEET; 3. NORTH 82°50'16" WEST A DISTANCE OF 385.67 FEET; 4. SOUTH 80°48'21' WEST A DISTANCE OF 230.48 FEET; 5. NORTH 84°26'39" WEST A DISTANCE OF 306.01 FEET; 6. SOUTH 77057'24' WEST A DISTANCE OF 173,95 FEET; 7. SOUTH 72°14'33" WEST A DISTANCE OF 229.91 FEET; THENCE SOUTH 01°16'25" EAST A DISTANCE OF 347.56 FEET; THENCE SOUTH 84°02'51" WEST A DISTANCE OF 510.49 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE HIGHWAY 96 AS CONVEYED IN BOOK 1681 AT PAGE 851 OF THE PUEBLO COUNTY RECORDS; EXHIBIT"A" LEGAL DESCRIPTION TRACT A CONT'D ARKANSAS RIVER HABITAT RESTORATION PROJECT THENCE ALONG SAID HIGHWAY RIGHT OF WAY THE FOLLOWING TWO COURSES: 1. NORTH 69°27'40" WEST (SOUTH 69°12' EAST-DEED) A DISTANCE OF 217.69 FEET; 2. NORTH 56005'40, WEST (SOUTH 55°50, EAST-DEED) A DISTANCE OF 209.44 FEET; THENCE NORTH 15°09'01" WEST A DISTANCE OF 124.47 FEET THENCE NORTH 09029'22" WEST A DISTANCE OF 687.13 FEET THENCE NORTH 29°10'05" EAST A DISTANCE OF 433.58 FEET THENCE NORTH 55°11'03" WEST A DISTANCE OF 397.14 FEET THENCE NORTH 82°47'06, WEST A DISTANCE OF 600.78 FEET THENCE NORTH 57043'42, WEST A DISTANCE OF 312.77 FEET THENCE NORTH 32°30'25" WEST A DISTANCE OF 343.91 FEET THENCE NORTH 59029'39" WEST A DISTANCE OF 319.40 FEET THENCE NORTH 25°28'24" EAST A DISTANCE OF 378.66 FEET THENCE NORTH 06039'30" EAST A DISTANCE OF 989.28 FEET THENCE NORTH 42052'03" WEST A DISTANCE OF 765.23 FEET THENCE NORTH 69°52'21" WEST A DISTANCE OF 512.12 FEET THENCE SOUTH 74°33'14~ WEST A DISTANCE OF 998.39 FEET TO A POINT ON SAID EXISTING ACCESS ROAD; THENCE ALONG SAID ROAD NORTH 02°47'51" EAST A DISTANCE OF 378.14 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 72.25 ACRES (3,147,266 SQUARE FEET) AS DESCRIBED. BEARINGS ARE BASED ON THE STATE PLANE GRID BEARING FROM NGS MONUMENT JK 1392 (A STANDARD HORIZONTAL CONTROL DISK STAMPED "ABRIENDO 1993') TO NGS MONUMENT JK 1409 (A STANDARD AZIMUTH MARK DISK STAMPED "ARKANSAS 1949") BEING SOUTH 81°23'51.2" WEST. THE PRECEDING LEGAL DESCRIPTION WAS PREPARED BY WALTER E. PACHAK, JR. P.L.S. NUMBER 28659 ON BEHALF OF WILSON & COMPANY, ARCHITECTS AND ENGINEERS FOR THE CITY OF PUEBLO, COLORADO, EXHIBIT"A" LEGAL DESCRIPTION TRACT B ARKANSAS RIVER HABITAT RESTORATION PROJECT A RIGHT OF WAY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND THE WEST HALF OF SECTION 31, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PUEBLO COUNTY, COLORADO, BEING 15 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 36 (A 3-1/4" BLM BRASS CAP), THENCE SOUTH 26°56'28'' WEST A DISTANCE OF 2,882.74 FEET TO A POINT ON AN EXISTING ACCESS ROAD, THE POINT OF BEGINNING; THENCE SOUTH 89°36'26" EAST A DISTANCE OF 1,267.10 FEET; THENCE ON THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 202.06 FEET, SAID CURVE HAS A RADIUS OF 725.00 FEET AND A CENTRAL ANGLE OF 15°58'07"; THENCE ON THE ARC OF A CURVE TO THE RIGHT A DISTANCE OF 64.36 FEET, SAID CURVE HAS A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 30°43'51"; THENCE ON THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 165.77 FEET, SAID CURVE HAS A RADIUS OF 750.00 FEET AND A CENTRAL ANGLE OF 12°39'51"; THENCE SOUTH 87030'35" EAST A DISTANCE OF 250.28 FEET; THENCE ON THE ARC OF A CURVE TO THE RIGHT A DISTANCE OF 1,484.74 FEET, SAID CURVE HAS A RADIUS OF 1,450.00 FEET AND A CENTRAL ANGLE OF 58040'06"; THENCE ON THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 163.86 FEET, SAID CURVE HAS A RADIUS OF 230.00 FEET AND A CENTRAL ANGLE OF 40°49'11"; THENCE ON THE ARC OF A CURVE TO THE RIGHT A DISTANCE OF 171.40 FEET, SAID CURVE HAS A RADIUS OF 250.00 FEET AND A CENTRAL ANGLE OF 39016'55"; THENCE SOUTH 30022'45" EAST A DISTANCE OF 126.73 FEET; THENCE ON THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 126.98 FEET, SAID CURVE HAS A RADIUS OF 70.00 FEET AND A CENTRAL ANGLE OF 103°56'03"; THENCE ON THE ARC OF A CURVE TO THE RIGHT A DISTANCE OF 134.75 FEET, SAID CURVE HAS A RADIUS OF 1,160.00 FEET AND A CENTRAL ANGLE OF 06039'20"; THENCE ON THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 307.33 FEET, SAID CURVE HAS A RADIUS OF 719.73 FEET AND A CENTRAL ANGLE OF 24"27'58", TO AN INTERSECTION WITH TRACT A OF THIS PROJECT (THE SOUTH QUARTER CORNER OF SECTION 31, A 3-1/4" BLM BRASS CAP, BEARS SOUTH 04°00'01" EAST A DISTANCE OF 1,906.07 FEET); WITH SIDELINES EXTENDED OR SHORTENED TO INTERSECT SAID TRACT A. SAID RIGHT OF WAY IS FOR INGRESS AND EGRESS AND CONTAINS 3.08 ACRES (133,961 SQUARE FEET) AS DESCRIBED. BEARINGS ARE BASED ON THE STATE PLANE GRID BEARING FROM NGS MONUMENT JK 1392 (A STANDARD HORIZONTAL CONTROL DISK STAMPED "ABRIENDO 1993") TO NGS MONUMENT JK 1409 (A STANDARD AZIMUTH MARK DISK STAMPED "ARKANSAS 1949") BEING SOUTH 81°23'51.2" WEST. THE PRECEDING LEGAL DESCRIPTION WAS PREPARED BY WALTER E. PACHAK, JR., P.L.S. NUMBER 28659 ON BEHALF OF WILSON & COMPANY, ARCHITECTS AND ENGINEERS FOR THE CITY OF PUEBLO, EXHIBIT "A" LEGAL DESCRIPTION TRACT C ARKANSAS RIVER HABITAT RESTORATION PROJECT A RIGHT OF WAY LOCATED IN THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PUEBLO COUNTY, COLORADO, BEING 15 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 36 (A 3-1/4" BLM BRASS CAP), THENCE SOUTH 26°02'58~ WEST A DISTANCE OF 1,112.89 FEET TO A POINT ON AN EXISTING ACCESS ROAD, THE POINT OF BEGINNING; THENCE SOUTH 88°13'55" EAST A DISTANCE OF 118.14 FEET; THENCE ON THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 523.80 FEET, SAID CURVE HAS A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 60°01'22"; THENCE ON THE ARC OF A CURVE TO THE RIGHT A DISTANCE OF 146.14 FEET, SAID CURVE HAS A RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF 27054'42", TO AN INTERSECTION WITH TRACT A OF THIS PROJECT (THE NORTHWEST CORNER OF SECTION 31, A 3-1/4" BLM BRASS CAP, BEARS NORTH 14°36'41" WEST A DISTANCE OF 687.99 FEET); WITH SIDELINES EXTENDED OR SHORTENED TO INTERSECT SAID TRACT A. SAID RIGHT OF WAY IS FOR INGRESS AND EGRESS AND CONTAINS 0.54 ACRES (23,480 SQUARE FEET) AS DESCRIBED. BEARINGS ARE BASED ON THE STATE PLANE GRID BEARING FROM NGS MONUMENT JK 1392 (A STANDARD HORIZONTAL CONTROL DISK STAMPED "ABRIENDO 1993") TO NGS MONUMENT JK 1409 (A STANDARD AZIMUTH MARK DISK STAMPED "ARKANSAS 1949") BEING SOUTH 81°23'51.2" WEST. THE PRECEDING LEGAL DESCRIPTION WAS PREPARED BY WALTER E. PACHAK, JR., P.L.S. NUMBER 28659 ON BEHALF OF WILSON & COMPANY, ARCHITECTS AND ENGINEERS FOR THE CITY OF PUEBLO, ~/ALT~R E. PACHAK, JR.; P.L.~'2~659 DAT~) / EXHIBIT "A" LEGAL DESCRIPTION TRACT E ARKANSAS RIVER HABITAT RESTORATION PROJECT A RIGHT OF WAY LOCATED IN THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PUEBLO COUNTY, COLORADO, MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 36 (A 3-1/4" BLM BRASS CAP), THENCE SOUTH 28056'29, WEST A DISTANCE OF 1,496.91 FEET TO A POINT NEAR AN EXISTING ACCESS ROAD, THE POINT OF BEGINNING; THENCE SOUTH 45°51'27" WEST A DISTANCE OF 363.64 FEET; THENCE NORTH 61°47'12" WEST A DISTANCE OF 125.81 FEET; THENCE NORTH 11°39'45" EAST A DISTANCE OF 341.09 FEET; THENCE SOUTH 85004'43'' EAST A DISTANCE OF 102.36 FEET; THENCE SOUTH 56°47'33" EAST A DISTANCE OF 240.08 FEET TO THE POINT OF BEGINNING. SAID RIGHT OF WAY IS FOR A TEMPORARY STAGING AREA AND CONTAINS 1.91 ACRES (83,042 SQUARE FEET) AS DESCRIBED. BEARINGS ARE BASED ON THE STATE PLANE GRID BEARING FROM NGS MONUMENT JK 1392 (A STANDARD HORIZONTAL CONTROL DISK STAMPED "ABRIENDO 1993") TO NGS MONUMENT JK 1409 (A STANDARD AZIMUTH MARK DISK STAMPED "ARKANSAS 1949") BEING SOUTH 81°23'51.2" WEST. THE PRECEDING LEGAL DESCRIPTION WAS PREPARED BY WALTER E. PACHAK, JR., P.L.S, NUMBER 28659 ON BEHALF OF WILSON & COMPANY, ARCHITECTS AND ENGINEERS FOR THE CITY OF PUEBLO, WALTER E. PACHAK, JR., P.L.t~28659 EXHIBIT "A" LEGAL DESCRIPTION TRACT D ARKANSAS RIVER HABITAT RESTORATION PROJECT A RIGHT OF WAY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PUEBLO COUNTY, COLORADO, BEING 15 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 31 (A 3-1/4" BLM BRASS CAP), THENCE SOUTH 01°32'27" EAST ALONG THE EAST LINE OF SAID SECTION 31 A DISTANCE OF 825.64 FEET TO THE POINT OF BEGINNING; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT A DISTANCE OF 35.85 FEET, SAID CURVE HAS A RADIUS OF 750.00 FEET, A CENTRAL ANGLE OF 02°44'19'', AND A LONG CHORD THAT BEARS SOUTH 67°08'08" WEST A DISTANCE OF 35.85 FEET; THENCE SOUTH 65°45'59' WEST A DISTANCE OF 200.07 FEET; THENCE ON THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 157.46 FEET, SAID CURVE HAS A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 90°13'13'; THENCE SOUTH 24°27'14" EAST A DISTANCE OF 237.90 FEET; THENCE ON THE ARC OF A CURVE TO THE RIGHT A DISTANCE OF 225.50 FEET, SAID CURVE HAS A RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF 43°04'01"; THENCE SOUTH 18°36'47" WEST A DISTANCE OF 265.97 FEET TO AN INTERSECTION WITH TRACT A OF THIS PROJECT (THE EAST QUARTER CORNER OF SECTION 31, A 3-1/4" BLM BRASS CAP, BEARS NORTH 07o08'43, EAST A DISTANCE OF 1,756.17 FEET); WITH SIDELINES EXTENDED OR SHORTENED TO INTERSECT SAID TRACT A. SAID RIGHT OF WAY IS FOR INGRESS AND EGRESS AND CONTAINS 0.77 ACRES (33,674 SQUARE FEET) AS DESCRIBED. BEARINGS ARE BASED ON THE STATE PLANE GRID BEARING FROM NGS MONUMENT JK 1392 (A STANDARD HORIZONTAL CONTROL DISK STAMPED "ABRIENDO 1993") TO NGS MONUMENT JK 1409 (A STANDARD AZIMUTH MARK DISK STAMPED "ARKANSAS 1949') BEING SOUTH 81°23'51.2" WEST. THE PRECEDING LEGAL DESCRIPTION WAS PREPARED BY WALTER E. PACHAK, JR., P.L.S. NUMBER 28659 ON BEHALF OF WILSON & COMPANY, ARCHITECTS AND ENGINEERS FOR THE CITY OF PUEBLO, 'WALTER E. PACHAK, JR., P.L.S~.' 28659 EXHIBIT"A" LEGAL DESCRIPTION TRACT F ARKANSAS RIVER HABITAT RESTORATION PROJECT A RIGHT OF WAY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PUEBLO COUNTY, COLORADO, MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 31 (A 3-1/4" BLM BRASS CAP), THENCE NORTH 79°51'43' EAST A DISTANCE OF 1,005.62 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 96 AS RECORDED IN BOOK 1681, PAGE 851 OF THE PUEBLO COUNTY RECORDS, THE POINT OF BEGINNING; THENCE NORTH 01016'25" WEST A DISTANCE OF 200.12 FEET TO A POINT ON TRACT A OF THIS PROJECT; THENCE SOUTH 84°02'51" WEST ALONG THE SOUTH LINE OF SAID TRACT A A DISTANCE OF 510.49 FEET TO A POINT ON SAID RIGHT OF WAY LINE OF STATE HIGHWAY 96; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING FOUR COURSES TO THE POINT OF BEGINNING: 1. SOUTH 69027'40, EAST A DISTANCE OF 82.71 FEET; 2. SOUTH 71°44'40' EAST A DISTANCE OF 100.00 FEET; 3. SOUTH 74001'40, EAST A DISTANCE OF 100.10 FEET; 4. SOUTH 76°19'40' EAST A DISTANCE OF 250.63 FEET. SAID RIGHT OF WAY IS FOR A TEMPORARY STAGING AREA AND CONTAINS 1.25 ACRES (54,347 SQUARE FEET) AS DESCRIBED. BEARINGS ARE BASED ON THE STATE PLANE GRID BEARING FROM NGS MONUMENT JK 1392 (A STANDARD HORIZONTAL CONTROL DISK STAMPED "ABRIENDO 1993') TO NGS MONUMENT JK 1409 (A STANDARD AZIMUTH MARK DISK STAMPED "ARKANSAS 1949") BEING SOUTH 81°23'51.2" WEST. THE PRECEDING LEGAL DESCRIPTION WAS PREPARED BY WALTER E. PACHAK, JR., P.L.S. NUMBER 28659 ON BEHALF OF WILSON & COMPANY, ARCHITECTS AND ENGINEERS FOR THE CITY OF PUEBLO, ~ALTI~R E. PACHAK, JR., P.L.S. ~tf~6~9 DATED ds c/w-sc