HomeMy WebLinkAbout09916 RESOLUTION NO. 9916
A RESOLUTION ACCEPTING A HABITAT RESTORATION AND A RECREATION EASEMENT,
AND A HABITAT RESTORATION EASEMENT AND RIGHT OF WAY, AND APPROVING AN
INDEMNIFICATION AGREEMENT RELATED THERETO BE'rVVEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION AND THE PUEBLO CONSERVANCY DISTRICT FOR THE
ARKANSAS RIVER CORRIDOR LEGACY PROJECT AND AUTHORIZING THE PRESIDENT OF
THE CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following easements between the City of Pueblo and the Pueblo Conservancy District,
copies of which are attached hereto, having been approved as to form by the City Attorney, are
hereby approved and accepted:
(a) A Habitat Restoration Easement and Right of Way dated July 28, 2003 relating to
the Arkansas River Corridor Legacy Project to be located on property owned by the
Pueblo Conservancy District.
(b) A Recreation and Habitat Restoration Easement and Right of Way dated July 28,
2003 relating to the Arkansas River Corridor Legacy Project to be located on
property owned by the Pueblo Conservancy District.
SECTION 2.
The indemnification agreement between the City of Pueblo and the Pueblo Conservancy
District, a copy of which is attached hereto, having been approved as to form by the City Attorney,
is hereby approved.
SECTION 3.
The President of the City Council is authorized to execute acceptance of the aforesaid
Easement and Right of Way deeds and to execute the aforesaid Indemnification Agreement in the
name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same.
INTRODUCED July 28, 2003
BY Al Gurule/Councilperson
APPROVED: Bill Sova/President of City Council
ATTEST: Gina Dutcher/City Clerk
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # I ~
DATE: JULY 28, 2005
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT/JIM MUNCH
PLANNING DEPARTMENT/CATHY GREEN
TITLE
A RESOLUTION ACCEPTING A HABITAT RESTORATION AND A RECREATION
EASEMENT, AND A HABITAT RESTORATION EASEMENT AND RIGHT OF WAY,
AND APPROVING AN INDEMNIFICATION AGREEMENT RELATED THERETO
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE
PUEBLO CONSERVANCY DISTRICT FOR THE ARKANSAS RIVER CORRIDOR
LEGACY PROJECT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL
TO EXECUTE SAME
ISSUE
Should City Council approve an Indemnification Agreement and two Easement and
Right of Way deeds between the City of Pueblo and the Pueblo Conservancy District
relating to the Arkansas River Corddor Legacy Project?.
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
The City is required to secure an Easement and Right of Way agreement from the
Pueblo Conservancy Distdct in order to construct, operate and maintain the
improvements that are part of the Army Corps of Engineers Arkansas River Habitat
Restoration Project. The Army Corps is requiring the City to secure two easements.
One easement allows for only the habitat improvements and the second easements
allows for in-stream recreational uses and trail improvements along the dver in addition
to the habitat improvements. The Army Corps will not allow an easement that is part of
a Section 206 Habitat Restoration Project to include recreational uses and
improvements. The non-recreational easement will be used to value the credit the City
will receive toward the matching funds for the project. The Pueblo Conservancy Distdct
easements cover 3.5 miles of the 9-mile project corddor and are being provided to the
City at no charge. The easement allows for the construction of the combination fish
ladder and kayaking course from the Aquila power plant diversion dam to Union
Avenue. The kayaking course structures will establish thd basis for Pueblo's water
rights application to protect the flow in the Arkansas River through the city.
The Pueblo Conservancy Distdct is willing to grant the easements at no charge to the
City of Pueblo provided the City enters into an indemnification agreement that
indemnifies and holds harmless the Conservancy Distdct from all claims, expenses,
liabilities, loss or damage to property or injury to or death of persons caused by or
arising out of the construction, installation, maintenance or use of the improvements
allowed to be constructed and maintained in the easements.
FINANCIAL IMPACT
The value of the Easement and Right of Way for the Habitat Easement will be credited
to the City's matching funds for the Arkansas River Fisheries Habitat Project through the
U.S. Army Corps of Engineers. The City of Pueblo will receive an estimated credit of
$150,000 for the Pueblo Conservancy Distdct property. City will be required to maintain
the habitat and recreation improvements within this section of the Arkansas River
following completion of the dver habitat, trail, and recreational boating improvements.
In the 2003 City Budget $623,000 of the committed reserve funds will be reimbursed by
the Legacy Project Partners. The following breakdown shows the funds that have bccn
reimbursed by project partners that will be credited to the FY2003 budget:
LEGACY PROJECT RECAP
Project Sources of Funds Project Reimbursement
Arkansas River Habitat Trout Unlimited $ 10,000
Improvements
Greenway & Nature Pueblo County $ 15,000
Center Environmental Board of Water Works $132,000
Ed. Area Packard Foundation $ 50,000
River Trail Replacement Board of Water Works $ 93,000
CDBG Funds $ 53,566
Pueblo County $ 10,000
Pueblo Zoo - River Otter Pueblo Zoological $100,000
Society
Total Reimbumementa $463,566
Reception # 1520841
08/20/2003 1:57 p.m.
GRANT OF EASEMENT AND RIGHT OF WAY
THIS EASEMENT AND RIGHT OF WAY is granted this , 31st dayof July 2003
by The Pueblo Conservancy District ("Grantor") to the City of Pueblo, Colorado, a Municipal
Corporation ("Grantee").
WITNESSETH:
FOR AND 1N CONSIDERATION of the sum often Dollars ($10.00) paid to Grantor by the
Grantee, receipt of which is hereby acknowledged, and other good and valuable consideration,
Grantor does hereby grant, sell and convey unto Grantee, its successors and assigns, a perpetual and
assignable easement and right of way over, under and across the lands of Grantor described in
Exhibit A attached hereto and incorporated herein by reference, to construct, instaI1, operate,
monitor, maintain, repair, alter, rehabilitate, remove, and replace improvements and restoration
features of the Arkansas River Fisheries Habitat Restoration Section 206 Project, including but not
limited to: (a) plantings; (b) modifications and other improvements within and adjacent to the river
channel for grade control, channel and bank stabilization purposes; (c) fish and wildlife habitat
improvements and other ecosystem improvements including the placement of materials or structures
in the bed or banks of the river that influence stream velocity or channel form; and (d) the removal or
placement of gravel, cobbles, boulders, and other structures or conveyances to recharge or maintain
flow to existing wetlands; all as generally described in the Final Ecosystem Restoration Report and
Environmental Assessment dated September 2001, a copy of which is contained in the records of the
City Clerk of the City of Pueblo (1 City Hall Place, Pueblo, CO 81003) pertaining to Ordinance
6806, and as further depicted and described in Exhibit B, Arkansas River Fisheries Habitat
Restoration, Index of Drawings, Plates 14-20 and 24, attached hereto and incorporated herein by
reference.
TO HAVE AND TO HOLD said easement and right of way unto Grantee, its successors and
assigns in perpetuity, subject to existing easements for public roads and highways, public utilities,
railroads and pipelines.
Reserving however to Grantor, its successors and assigns, all rights and uses of said property
for flood control purposes that it has a statutory duty to prosecute, as a conservancy district, under
the laws and regulations of the state of Colorado; and further reserving unto Grantor, its successors
and assigns, all other rights and uses of such property, which do not interfere with or abridge the
enumerated rights, easement and right of way hereby conveyed.
EXECUTED this ~4/'S/2 day of ;~'tt£ "( ,2003.
-1-
Reception # 1520842
08/20/2003 1:57 p.m.
GRANT OF EASEMENT AND RIGHT OF WAY
THIS EASEMENT AND RIGHT OF WAY granted this ,.31st day of July 2003
by, The Pueblo Conservancy District hereinafter referred to as "Grantor", to the City oi' Pueblo, a
Municipal Corporation, hereinafter referred to as "Grantee";
WITNESSETH:
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00)
paid to Grantor by the Grantee, receipt of which is hereby acknowledged, and other good and
valuable consideration, Grantor does hereby grant, sell and convey unto Grantee, its successors
and assigns, a perpetual easement and right of way over, under and across the lands of Grantor
described in Exhibit A attached hereto and incorporated herein by reference, to construct, install,
operate, monitor, maintain, repair, alter, rehabilitate, remove, and replace improvements and
restoration features including but not limited to:
1. Arkansas River Fisheries Habitat Restoration Section 206 Project - (a) plantings; (b)
modifications and other improvements within and adjacent to the river channel for grade control,
channel and bank stabilization purposes; (c) fish and wildlife habitat improvements and other
ecosystem improvements including the placement of materials or structures in the bed or banks
of the river that influence stream velocity or channel form; and (d) the removal or placement of
gravel, cobbles, boulders, and other structures or conveyances to recharge or maintain flow to
existing wetlands; all as generally described in the Final Ecosystem Restoration Report and
Environmental Assessment dated September 2001, a copy of which is contained in the records of
the City Clerk of the City of Pueblo (1 City Hall Place, Pueblo, CO 81003) pertaining to
Ordinance 6806, and as further depicted and described in Exhibit B, Arkansas River Fisheries
Habitat Restoration, Index of Drawings, Plates 14-20 and 24, attached hereto and incorporated
herein by reference.
2. Arkansas River Corridor Legacy Project - (a) recreational in-channel diversion
structures and modifications to the river channel for boating, and kayaking including the
construction and maintenance of dikes, levees, bridges, check dams, fish ladders, boat chutes and
other improvements, (b) pedestrian, equestrian and bicycle trails and ancillary facilities including
restrooms and informational and educational signage; all of which are intended to be available
for use by the public.
TO HAVE AND TO HOLD said easement and right of way unto Grantee, its successors
and assigns in perpetuity, subject to existing easements for public roads and highways, public
utilities, railroads and pipelines.
Reserving however to Grantor, its successors and assigns, all rights and uses of said
property for flood control purposes that it has a statutory duty to prosecute, as a conservancy
district, under the laws and regulations of the state of Colorado; and further reserving unto
Grantor, its successors and assigns, all other rights and uses of such property, which do not
interfere with or abridge the enumerated rights, easements and right of way hereby conveyed.
And Grantee shall have the right to temporarily, with advance notice to Grantor (if
reasonably possible) enter upon such other lands of Grantor as may be necessary to survey,
construct, maintain, operate, repair, replace and control said improvements and features, as may
be reasonably required to permit the operation of standard construction or repair vehicles and
machinery, provided none of the foregoing activities interferes with the operation of Grantor.
This Easement and Right of Way supercedes any easements heretofore granted by
Grantor to Grantee relating to the property described on Exhibit A attached hereto.
EXECUTED this ~/~ 4- day of '~ /v ,2003.
GRANTOR:
THE PUEBLO CONSERVANCY DISTRICT
By:
,, ~*.. .....
~ ~ '~..~X." [ /
CO~TY OF ~U~BLO )
STATE OF ~oL.o~Al~ )
The foregoing inst~ent was ac~owledged before me this J/~ day of
2003, by ~- ~, ~a ~x~ . C~o~ ~ and
OO~%coNmission expires: tohz ~V ·
4 ".~:'".7~, ~ t ,
~ ~ ~,,: Z '' }i Notary Public
Reception # 1520843
08/20/2003 1:57 p.m.
INDEMNIFICATION AGREEMENT
WHEREAS, the City of Pueblo, Colorado, a Municipal Corporation, desires the
Pueblo Conservancy District to grant two separate easements, attached hereto as Exhibits
"A" and "B" , and
WHEREAS, the Pueblo Conservancy District is willing to grant said easements to
assist with the Legacy Project on the Arkansas River, provided it is properly indemnified.
NOW THEREFORE, in consideration of the Pueblo Conservancy District granting
the attached easements, the City of Pueblo, Colorado, a Municipal Corporation, does
hereby, to the extent permitted by law, indemnify and hold harmless the Pueblo
Conservancy District from any and all claims, expenses, liabilities, loss, or damage to
property or injury to or death of persons caused by or arising out of the construction,
installation, maintenance or use of the improvements contemplated by said grant of
Easement and Right-of-way Agreements shown on Exhibits "A" and "B" hereof, save and
except any injury or damage as may be caused by the negligence of Pueblo Conservancy
District, its officers, agents, or employees.
It is the intent of this indemnification that the Pueblo Conservancy District be
protected from claims, expenses, liabilities, loss, or damage, which may be made against it
by any third parties who install, maintain, or utilize the improvements being constructed as
part of the Legacy Project and protected from loss or damage that is incurred as a result of
the Legacy Project in any manner.
Nothing in this Indemnification Agreement is intended, nor should it be construed,
to create or extend any rights, claims or benefits or assume any liability for or on behalf of
any third party, or to waive any immunities or limitations otherwise conferred under or by
virtue of federal or state law, including but not limited to the Colorado Governmental
Immunity Act, §24-10-101, et. seq., C.R.S..
This indemnification Agreement shall be binding on the City of Pueblo, Colorado,
a Municipal Corporation, its successors and assigns.
DA T,Ep. Ihis ~$44~ day of July, 2003.
, CITY OF PUEBLO, COLORADO
~ ~ aMun~
%'~ ~'"~ ~"~ PresidehTof the City Council
Attest:
City C4~rk
Exhibit A
GRANT OF EASEMENT AND RIGHT OF WAY
THIS EASEMENT AND RIGHT OF WAY is granted this x~ day of ~'t. I~, 2003
by The Pueblo Conservancy District ("Grantor") to the City of Pueblo, Colorado,la Municipal
Corporation ("Grantee").
WITNES SETH:
FOR AND iN CONSIDERATION of the sum often Dollars ($10.00) paid to Grantor by the
Grantee, receipt of which is hereby acknowledged, and other good and valuable consideration,
Grantor does hereby grant, sell and convey unto Grantee, its successors and assigns, a perpetual and
assignable easement and right of way over, under and across the lands of Grantor described in
Exhibit A attached hereto and incorporated herein by reference, to construct, install, operate,
monitor, maintain, repair, alter, rehabilitate, remove, and replace improvements and restoration
features of the Arkansas River Fisheries Habitat Restoration Section 206 Project, including but not
limited to: (a) plantings; (b) modifications and other improvements within and adjacent to the river
channel for grade control, channel and bank stabilization purposes; (c) fish and wildlife habitat
improvements and other ecosystem improvements including the placement of materials or structures
in the bed or banks of the river that influence stream velocity or channel form; and (d) the removal or
placement of gravel, cobbles, boulders, and other structures or conveyances to recharge or maintain
flow to existing wetlands; all as generally described in the Final Ecosystem Restoration Report and
Enviromnental Assessment dated September 2001, a copy of which is contained in the records of the
City Clerk of the City of Pueblo (1 City Hall Place, Pueblo, CO 81003) pertaining to Ordinance
6806, and as further depicted and described in Exhibit B, Arkansas River Fisheries Habitat
Restoration, Index of Drawings, Plates 14-20 and 24, attached hereto and incorporated herein by
reference.
TO HAVE AND TO HOLD said easement and right of way unto Grantee, its successors and
assigns in perpetuity, subject to existing easements for public roads and highways, public utilities,
railroads and pipelines.
Reserving however to Grantor, its successors and assigns, all rights and uses of said property
for flood control purposes that it has a statutory duty to prosecute, as a conservancy district, under
the laws and regulations of the state of Colorado; and further reserving unto Grantor, its successors
and assigns, all other rights and uses of such property, which do not interfere with or abridge the
~enumerated rights, easement and right of way hereby conveyed.
EXECUTED this ,o~/~/L day of ,.~/~m~/ ,2003.
-1-
08/2~/2ee3 01:57p
ChrisC.Munoz PuebloCtyClk&Rec IND AG R i§6.00 D ~.~8
GRANTOR:
~E PUEBLO CONSERVANCY DIS~CT
By:.~
Ch~
A~EST:
~...~....~ .... /
/
COUNTY OF Po~.[lt.c~ )
) SS.
STATE OF '"~.,~O )
The foregoing instrument was acknowledged before me this ~_~ day of ~'~ ~ ,
2003, by 6, C[~- ~,, and td~J~[,~. ~. ~u,~,~ :~.~-..~a~. ~..~---
.?~a.~'~commission expires: ~,ofi~,/o.x~
'.~ ;
o.' ~ ~z~ ..'-. , Notary Public
-2-
ChrisC.~unoz PuebloCtyCtk&Re~ IND RG R 156.~ D ~.~
ACCEPTANCE
The foregoing Grant of Easement and Right of Way is accepted by the City of Pueblo, a
Municipal Corporation, in accordance with its terms.
ATTEST CITY OF PUEB~rpo/~n~
City C~rk President of the City Council
COUNTY OF PUEBLO )
STATE OF COLORADO )
The foregoing Acceptance was acknowledged before me this. ~/,q~' day of(,~ ~t ~/ ,
2003by ['~i [ I ~QOv'~ ,President~ftheCityCouncilo~Pueblo,
andby ('~ i r~F~ ]"1 Il JcC }~CY' , its City Clerk.
~ion expires'. ~ -21 - '2003(~
~iI~AL] ~}~ Not~ Publi~ ~1, ~~,~
My ~mmi~ioa E¢~res 08~112~3
-3-
08/20/2003 01:57P
EXHIBIT"A" ChrisC.Hunoz PuebloCtyCT. k&Rec [ND aG R ~.56.I~IB D 0.00
LEGAL DESCRIPTION PERMANENT EASEMENT 304
ARKANSAS RIVER HABITAT RESTORATION PROJECT
A PERMANENT EASEMENT LOCATED IN THE NORTHEAST QUARTER OF SECTION 34, THE NORTH HALF OF
SECTION 35, THE SOUTH HALF OF SECTION 26 AND SECTION 36, TOWNSHIP 20 SOUTH, RANGE 65 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, AND THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 21
SOUTH, RANGE 65 WEST OF THE SiXTH PRINCIPAL MERIDIAN, AND THE NORTH HALF OF SECTION 6,
TOWNSHIP 21 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PUEBLO COUNTY,
COLORADO, MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 34, (A 3-1/4" ALUMINUM CAP IN
MONUMENT BOX, PLS 12933), THENCE SOUTH 03026'55" WEST A DISTANCE OF 1,565.31 FEET TO THE
POINT OF BEGINNING:
THENCE NORTH 12°16'43" WEST A DISTANCE OF 4.39 FEET
THENCE NORTH 53°43'01" EAST A DISTANCE OF 393.66 FEET
THENCE NORTH 51003'08'' EAST A DISTANCE OF 522.20 FEET
THENCE NORTH 28°04'02" WEST A DISTANCE OF 94.85 FEET
THENCE NORTH 27°51'33" EAST A DISTANCE OF 258.17 FEET
THENCE NORTH 50°30'19'' EAST A DISTANCE OF 720.98 FEET
THENCE NORTH 75°30'20" EAST A DISTANCE OF 205.74 FEET
THENCE NORTH 00°42'14" WEST A DISTANCE OF 246.78 FEET
THENCE NORTH 88°58'15" WEST A DISTANCE OF 109.65 FEET
THENCE NORTH 01"28'17" WEST A DISTANCE OF 20.81 FEET
THENCE NORTH 80050'24'' EAST A DISTANCE OF 17.83 FEET
THENCE NORTH 73°37'12" EAST A DISTANCE OF 228.99 FEET
THENCE NORTH 00°12'25" EAST A DISTANCE OF 977.45 FEET
THENCE SOUTH 39°59'20" EAST A DISTANCE OF 201.67 FEET
THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE .EFT A DISTANCE OF 1,200.22 FEET, SAID
CURVE HAS A RADIUS OF 2,900.00 FEET, A CENTRAL ANGLE OF 23°42'47" AND A LONG CHORD THAT
BEARS SOUTH 51°50'43, EAST A DISTANCE OF 1,191.67 FEET;
THENCE SOUTH 63042"06.` EAST A DISTANCE OF 2,773.02 FEET;
THENCE ON THE ARC OF A CURVE TO THE RIGHT A DISTANCE OF 1,235.76 FEET, SAID CURVE HAS A
RADIUS OF 2,510.00 FEET AND A CENTRAL ANGLE OF 28°12'31 ';
THENCE SOUTH 35°29'35" EAST A DISTANCE OF 448.28 FEET;
THENCE SOUTH 14004'05" EAST A DISTANCE OF 106.20 FEET;
THENCE SOUTH 33°32'23" EAST A DISTANCE OF 1,237.92 FEET;
THENCE ON THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 457.01 FEET, SAID CURVE HAS A RADIUS
OF 2,500.00 FEET AND A CENTRAL ANGLE OF 10°28'26";
THENCE SOUTH 43°26'05`' EAST A DISTANCE OF 1,469.56 FEET;
THENCE SOUTH 43°15'48" EAST A DISTANCE OF 430.63 FEET;
THENCE ON THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 2,354.96 FEET, SAID CURVE HAS A
RADIUS OF 6,684.34 FEET AND A CENTRAL ANGLE OF 20°11'09";
THENCE SOUTH 64°12'25'' EAST A DISTANCE OF 430.81 FEET
THENCE NORTH 24°32'52" EAST A DISTANCE OF 97.09 FEET
THENCE SOUTH 63°13'08', EAST A DISTANCE OF 168.42 FEE-(
THENCE NORTH 84°46'58" EAST A DISTANCE OF 861.65 FEET:
THENCE SOUTH 54°59'53" EAST A DISTANCE OF 602.53 FEE-[
THENCE SOUTH 60°55'03" EAST A DISTANCE OF 410.62 FEEl
THENCE SOUTH 76°05'51" EAST A DISTANCE OF 576.32 FEEl
THENCE SOUTH 86°46'50'. EAST A DISTANCE OF 226.11 FEET:
THENCE NORTH 05~24'01" EAST A DISTANCE OF 249.23 FEET
THENCE NORTH 16°24'47" WEST A DISTANCE OF 395.46 FEET
THENCE SOUTH 75024'09`' EAST A DISTANCE OF 477.42 FEET
THENCE SOUTH 65°56'12" EAST A DISTANCE OF 293.72 FEET
THENCE NORTH 53037'50'' EAST A DISTANCE OF 435.94 FEET TO A POINT ON THE WESTERLY RIGHT OF
WAY LINE OF THE BURLINGTON NORTHERN AND SANTA FE RAILROAD;
EXHIBIT "A" es/2e/20e3 01:57P
Chrt$C.Munoz PuebJoCtyClk&Rec IND AG R 156.00 D 0.Oe
LEGAL DESCRIPTION PERMANENT EASEMENT 304 CONT'D
ARKANSAS RIVER HABITAT RESTORATION PROJECT
THENCE ALONG SAID RAILROAD RIGHT OF WAY SOUTH 26°40'51' EAST A DISTANCE OF 449.05 FEET;
THENCE SOUTH 02°15'21' WEST A DISTANCE OF 140.76 FEET TO A POINT ON THE NORTH BANK OF THE
ARKANSAS RIVER AS DESCRIBED IN DEED RECORDED JULY 8 1987 AT BOOK 2355, PAGE 918 IN THE
RECORDS IN THE PUEBLO COUNTY, COLORADO, CLERK AND RECORDER'S OFFICE;
THENCE ALONG SAID NORTH BANK (THE EXISTING NORTH BANK OF THE ARKANSAS RIVER AS OF
DECEMBER, 1999) THE FOLLOWING SIX COURSES:
1. SOUTH 54'01'57' WEST A DISTANCE OF 318.51 FEET;
2. SOUTH 72°36'41" WEST A DISTANCE OF 225.21 FEET;
3. SOUTH 87°20'15, WEST A DISTANCE OF 190.77 FEET;
4. SOUTH 71~07'57" WEST A DISTANCE OF 191.95 FEET:
5. SOUTH 68°21'16" WEST A DISTANCE OF 323.57 FEET
6. SOUTH 77°34'13" WEST A DISTANCE OF 718.56 FEET
THENCE DEPARTING THE EXISTING NORTH BANK OF THE ARKANSAS RIVER (DECEMBER, 1999} NORTH
64°29'14" WEST A DISTANCE OF 597.62 FEET TO A POINT IN THE CHANNEL OF SAID RIVER
THENCE NORTH 64°08'42" WEST A DISTANCE OF 330.74 FEET TO A POINT ON THE OFFICIAL SOUTH
CHANNEL LINE OF SAID RIVER;
THENCE ALONG SAID OFFICIAL SOUTH CHANNEL LINE ON THE ARC OF A CURVE TO THE RIGHT A
DISTANCE OF 533.07 FEET, SAID CURVE HAS A RADIUS OF 4,194.83 FEET AND A CENTRAL ANGLE OF
07°16'52';
THENCE SOUTH 88°27'22" WEST A DISTANCE OF 40.00 FEET
THENCE SOUTH 01°32'38~ EAST A DISTANCE OF 117.43 FEET
THENCE NORTH 62°20'29" WEST A DISTANCE OF 183.30 FEE-r
THENCE SOUTH 88°27'22, WEST A DISTANCE OF 136.00 FEET
THENCE NORTH 01°32'38" WEST A DISTANCE OF 125.00 FEET
THENCE NORTH 47°50'46" WEST A DISTANCE OF 441.97 FEET
THENCE NORTH 67°26'17" WEST A DISTANCE OF 613.00 FEE'[
THENCE NORTH 56°52'31" WEST A DISTANCE OF 347.81 FEET
THENCE NORTH 58°04'32" WEST A DISTANCE OF 609.39 FEET
THENCE NORTH 89°33'16" WEST A DISTANCE OF 152.85 FEE"/
THENCE NORTH 46~03'59" WEST A DISTANCE OF 383.02 FEEl
THENCE NORTH 35°50'54'' WEST A DISTANCE OF 252.39 FEE'[
THENCE NORTH 44°51'10" WEST A DISTANCE OF 702.23 FEE'[
THENCE NORTH 54°24'44'' WEST A DISTANCE OF 354.35 FEEl
THENCE NORTH 31°32'35" WEST A DISTANCE OF 307.4t FEE3
THENCE NORTH 44°30'12" WEST A DISTANCE OF 545.17 FEEl
THENCE ON THE ARC OF A CURVE TO THE RIGHT A DISTANCE OF 1,570.71 FEET, SAID CURVE HAS A
RADIUS OF 10,863.70 FEET AND A CENTRAL ANGLE OF 08°17'03";
THENCE NORTH 39°39'00.' WEST A DISTANCE OF 369.44 FEET;
THENCE NORTH 37°52'26" WEST A DISTANCE OF 570.73 FEET;
THENCE NORTH 17°44'00.' WEST A DISTANCE OF 252.95 FEET;
THENCE NORTH 36°37'14" WEST A DISTANCE OF 309.64 FEET;
TH ENCE NORTH 41 °41 '18" WEST A DISTANCE OF 366.57 FEET;
THENCE NORTH 61°25'39.' WEST A DISTANCE OF 652.18 FEET;
THENCE NORTH 65°31'02" WEST A DISTANCE OF 846.61 FEET;
THENCE ON THE ARC OF A CURVE TO THE LEFT A D;STANCE OF 247.58 FEET, SAID CURVE HAS A RADIUS
OF 1,660.00 FEET AND A CENTRAL ANGLE OF 08°32'43";
THENCE NORTH 74°03'45'' WEST A DISTANCE OF 721.04 FEET;
THENCE NORTH 82°35'50" WEST A DISTANCE OF 177.28 FEET;
THENCE NORTH 42°37'23'' WEST A DISTANCE OF 268.00 FEET;
THENCE SOUTH 87°48'25" WEST A DISTANCE OF 407.74 FEET;
THENCE ON THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 1,680.07 FEET, SAID CURVE HAS A
RADIUS OF 2,700.00 FEET AND A CENTRAL ANGLE OF 35°39'08";
THENCE SOUTH 52°09'17" WEST A DISTANCE OF 568.37 FEET;
THENCE SOUTH 61°47'36" WEST A DISTANCE OF 337.98 FEET;
TH ENCE SOUTH 70°13'19" WEST A DISTANCE OF 323.38 FEET TO THE POINT OF BEGINNING.
2
~8/28/2~3
EXHIBIT "A"
LEGAL DESCRIPTION PERMANENT EASEMENT 304 CONT'D
ARKANSAS RIVER HABITAT RESTORATION PROJECT
SAID PERMANENT EASEMENT CONTAINS 160.08 ACRES (6,972,872 SQUARE FEET) AS DESCRIBED.
SEARINGS ARE BASED ON THE STATE PLANE GRID BEARING FROM 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,
~VALTER E. PACHAK, JR., P.L.S. ~659 .
98/20/2003 9~, :57P
ChrisC.~lunoz PuebloCtyClk&Rec IND AG R ~56.~ D
EXHIBIT "A"
LEGAL DESCRIPTION PERMANENT EASEMENT 304A
ARKANSAS RIVER HABITAT RESTORATION PROJECT
A PERMANENT EASEMENT LOCATED IN THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 20
SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PUEBLO COUNt, COLORADO, BEING 15
FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 20 SOUTH, RANGE 65 WEST
OF THE SI~H PRINCIPAL MERIDIAN, PUEBLO COUNt, COLORADO, (A 3-1/4" ALUMINUM CAP IN
MONUMENT BOX, PLS 12933), THENCE SOUTH 71~54'26" EAST A DISTANCE OF 5,940.28 FEET TO A
POINT ON THE EASTERLY RIGHT OF WAY OF PEARL STREW, THE POINT OF BEGINNING:
THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT A DISTANCE OF 88.89 FE~, SAID
CURVE HAS A RADIUS OF 50.00 FE~, A CENTRAL ANGLE OF 101~51'44' AND A LONG CHORD BEARING
NORTH 84'40'58" EAST, A DISTANCE OF 77.64 FE~:
THENCE ON THE ARC OF A CURVE TO THE RIGHT A DISTANCE OF 68.41 FE~, SAID CURVE HAS A
RADIUS OF 2~.00 FE~ AND A CENTRAL ANGLE OF 19°35'53";
THENCE SOUTH 24'47'17" ~ST A DISTANCE OF 36.87 FEET;
THENCE ON THE ARC OF A CURVE TO THE LE~ A DISTANCE OF 242.48 FE~, SAID CURVE HAS A
RADIUS OF 600.00 FEET AND A CENTRAL ANGLE OF 23~09'17";
THENCE ON THE ARC OF A CURVE TO THE LE~ A DISTANCE OF 80.33 FEET, SAID CURVE HAS A
RADIUS OF 50.00 FE~ AND A CENTRAL ANGLE OF 92003'06" TO AN INTERSECTION WITH PERMANENT
~SEMENT 304 OF THIS PROJECT, ~HE NORTHWEST CORNER OF SAID SECTION 35 BEARS NORTH
70°33'03" WEST A DISTANCE OF 6,355.21 FEET) WITH SIDE LINES E~ENDED OR SHORTENED TO
INTERSECT WITH SAID PERMANENT EASEMENT 304 AND SAID RIGHT OF WAY OF PEARL STREET.
SAID PERMANENT EASEMENT CONTAINS 0.36 ACRES (15,5~ SQUARE FEE~ AS DESCRIBED.
BEARINGS ARE BASED ON THE STATE P~NE GRID BEARING FROM MONUMENT JK 1392 (A STANDARD
HORIZONTAL CONTROL DISK STAMPED "ABRIENDO 1993~) TO NGS MONUMENT JK 1409 (A STANDARD
~IMUTH MARK DISK STAMPED "AR~NSAS 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,
DATED ~ ~ ' ~ '~- *
' 28659
~8/20/2503 0! :~;'7P
^ I e I c I o ! ~ I r I o I ~
NOTE:
08/20/2003 01:57P
Exhibit B
GRANT OF EASEMENT AND RIGHT OF WAY
THIS EASEMENT AND RIGHT OF WAY granted thi~ ~/ _d.ay of ~J;.~ 2003
by, The Pueblo Conservancy District hereinafter referred to as Grantor, to the Citylof Pueblo, a
Municipal Corporation, hereinafter referred to as "Grantee";
WITNESSETH:
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00)
paid to Grantor by the Grantee, receipt of which is hereby acknowledged, and other good and
valuable consideration, Grantor does hereby grant, sell and convey unto Grantee, its successors
and assigns, a perpetual easement and right of way over, under and across the lands of Grantor
described in Exhibit A attached hereto and incorporated herein by reference, to construct, install,
operate, monitor, maintain, repair, alter, rehabilitate, remove, and replace improvements and
restoration features including but not limited to:
1. Arkansas River Fisheries Habitat Restoration Section 206 Project - (a) plantings; (b)
modifications and other improvements within and adjacent to the river channel for grade control,
channel and bank stabilization purposes; (c) fish and wildlife habitat improvements and other
ecosystem improvements including the placement of materials or structures in the bed or banks
of the river that influence stream velocity or channel form; and (d) the removal or placement of
gravel, cobbles, boulders, and other structures or conveyances to recharge or maintain flow to
existing wetlands; all as generally described in the Final Ecosystem Restoration Report and
Environmental Assessment dated September 2001, a copy of which is contained in the records of
the City Clerk of the City of Pueblo (1 City Hall Place, Pueblo, CO 81003) pertaining to
Ordinance 6806, and as further depicted and described in Exhibit B, Arkansas River Fisheries
Habitat Restoration, Index of Drawings, Plates 14-20 and 24, attached hereto and incorporated
herein by reference.
2. Arkansas River Corridor Legacy Project - (a) recreational in-channel diversion
structures and modifications to the river channel for boating, and kayaking including the
construction and maintenance of dikes, levees, bridges, check dams, fish ladders, boat chutes and
other improvements, (b) pedestrian, equestrian and bicycle trails and ancillary facilities including
restrooms and informational and educational signage; all of which are intended to be available
for use by the public.
TO HAVE AND TO HOLD said easement and right of way unto Grantee, its successors
and assigns in perpetuity, subject to existing easements for public roads and highways, public
utilities, railroads and pipelines.
Reserving however to Grantor, its successors and assigns, all rights and uses of said
property for flood control purposes that it has a statutory duty to prosecute, as a conservancy
district, under the laws and regulations of the state of Colorado; and further reserving unto
0B/2~/2003 0~, :57P
Chr~.sC.~unoz PuebloCtyClk&Re¢ IND RG R ~56.~ O
Grantor, its successors and assigns, all other rights and uses of such property, which do not
interfere with or abridge the enttrnerated rights, easements and right of way hereby conveyed.
And Grantee shall have the right to temporarily, with advance notice to Grantor (if
reasonably possible) enter upon such other lands of Grantor as may be necessary to survey,
construct, maintain, operate, repair, replace and control said improvements and features, as may
be reasonably required to permit the operation of standard construction or repair vehicles and
machinery, provided none of t_he foregoing activities interferes with the operation of Grantor.
This Easement and Right of Way supercedes any easements heretofore granted by
Grantor to Grantee relating to the property described on Exhibit A attached hereto.
EXECUTED this ~! day of '--~[,~ ,2003.
GRANTOR:
By:
COUNTY OF ~{J~St o )
STATE OF Cd, t,O~-~JDO )
The foregoing instrument was acknowledged before me this ~/-~' day of
"3'~.1~ , 2003, by Co.~_~e,u..17e[-m~ : ~l~t.~o..t~ and
commission expires: [O /~t /o,l~'
My
]' ~ ~ ' ~ t~",~l'~.
o:~.C :.~ ,:-4.3..*- ~ Notary Public
Q'~:,, f ;' ~,';o ..'~';
0,.;, '. .-' ~
o8/2~/2ee3 o~ :57P
ACCEPTANCE
The foregoing Grant of Easement and Right of Way is accepted by the City of Pueblo, a
Municipal Corporation, in accordance with its terms.
C T¥ OF
ATTEST
~%---~~ By President of the City Council
COUNTY OF PUEBLO )
STATE OF COLORADO )
__ The foregoing Accept. aJ3ce w~..acknowledged before me this 5l~at day of
()t 1 ~,1 ,2003 by ~"~i I [ ~'<ADx/6I , President of the City
C0uncillof Pueblo, and by ~ '~ rqC( ['51.1 Jr( [qt*r" , its City Clerk.
expires:
My Commission Exp~'~s
e8/20/2003 0! :57P
Chri$C.Mur)oz PuebloCtyC[k&Eec IND I~G R 15e. O0 D 8.0e
EXHIBIT "A"
LEGAL DESCRIPTION PERMANENT EASEMENT 304
ARKANSAS RIVER HABITAT RESTORATION PROJECT
A PERMANENT EASEMENT LOCATED IN THE NORTHEAST QUARTER OF SECTION 34, THE NORTH HALF OF
SECTION 35, THE SOUTH HALF OF SECTION 26 AND SECTION 36, TOWNSHIP 20 SOUTH, RANGE 65 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, AND THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 21
SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND THE NORTH HALF OF SECTION 6,
TOWNSHIP 21 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PUEBLO COUNTY,
COLORADO, MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAiD SECTION 34, (A 3-1/4" ALUMINUM CAP IN
MONUMENT BOX, PLS 12933), THENCE SOUTH 03026'55" WEST A DISTANCE OF 1,565.31 FEET TO THE
POINT OF BEGINNING:
THENCE NORTH 12°16'43" WEST A DISTANCE OF 4.39 FEET;
THENCE NORTH 53°43'01" EAST A DISTANCE OF 393.66 FEET;
THENCE NORTH 51°03'08" EAST A DISTANCE OF 522.20 FEET;
THENCE NORTH 28°04'02" WEST A DISTANCE OF 94.85 FEET;
THENCE NORTH 27°51'33" EAST A DISTANCE OF 258.17 FEET;
THENCE NORTH 50°30'19" EAST A DISTANCE OF 720.98 FEET;
THENCE NORTH 75°30'20'. EAST A DISTANCE OF 205.74 FEET;
THENCE NORTH 00°42'14" WEST A DISTANCE OF 246.78 FEET;
THENCE NORTH 88°58'15" WEST A DISTANCE OF 109.65 FEET;
THENCE NORTH 01°28'17" WEST A DISTANCE OF 20.81 FEET;
THENCE NORTH 80050'24', EAST A DISTANCE OF 17.83 FEET;
THENCE NORTH 73°37'12'' EAST A DISTANCE OF 228.99 FEET
THENCE NORTH 00°12'25" EAST A DISTANCE OF 977.45 FEET
THENCE SOUTH 39°59'20" EAST A DISTANCE OF 201.67 FEET
THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT A DISTANCE OF 1,200.22 FEET, SAID
CURVE HAS A RADIUS OF 2,900.00 FEET, A CENTRAL ANGLE OF 23042'47" AND A LONG CHORD THAT
BEARS SOUTH 51°50'43" EAST A DISTANCE OF 1,191.67 FEET;
THENCE SOUTH 63°42"06" EAST A DISTANCE OF 2,773.02 FEET;
THENCE ON THE ARC OF A CURVE TO THE RIGHT A DISTANCE OF 1,235.76 FEET, SAID CURVE HAS A
RADIUS OF 2,510.00 FEET AND A CENTRAL ANGLE OF 28°12'31";
THENCE SOUTH 35°29'35" EAST A DISTANCE OF 448.28 FEET
THENCE SOUTH 14°04'05" EAST A DISTANCE OF 106.20 FEET
THENCE SOUTH 33°32'23" EAST A DISTANCE OF 1,237.92 FEET;
THENCE ON THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 457.01 FEET, SAID CURVE HAS A RADIUS
OF 2,500.00 FEET AND A CENTRAL ANGLE OF 10°28'26";
THENCE SOUTH 43o26'05" EAST A DISTANCE OF 1,469.56 FEET;
THENCE SOUTH 43°15'48" EAST A DISTANCE OF 430.63 FEET;
THENCE ON THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 2,354.96 FEET, SAID CURVE HAS A
RADIUS OF 6,684.34 FEET AND A CENTRAL ANGLE OF 20°11'09";
THENCE SOUTH 64°12'25" EAST A DISTANCE OF 430.81 FEE'~
THENCE NORTH 24°32'52" EAST A DISTANCE OF 97.09 FEET
THENCE SOUTH 63°13'08.' EAST A DISTANCE OF 168.42 FEE3
THENCE NORTH 84°46'58" EAST A DISTANCE OF 861.65 FEET:
THENCE SOUTH 54°59'53" EAST A DISTANCE OF 602.53 FEET
THENCE SOUTH 60°55'03'. EAST A DISTANCE OF 410.62 FEEl
THENCE SOUTH 76°05'51" EAST A DISTANCE OF 576.32 FEET:
THENCE SOUTH 86°46'50'` EAST A DISTANCE OF 226.11 FEET:
THENCE NORTH 05O24'01" EAST A DISTANCE OF 249.23 FEET
THENCE NORTH 16°24'47'' WEST A DISTANCE OF 395.46 FEET
THENCE SOUTH 75°24'09.' EAST A DISTANCE OF 477.42 FEET
THENCE SOUTH 65°56'12" EAST A DISTANCE OF 293.72 FEET
THENCE NORTH 53°37'50'' EAST A DISTANCE OF 435.94 FEET TO A POINT ON THE WESTERLY RIGHT OF
WAY LINE OF THE BURLINGTON NORTHERN AND SANTA FE RAILROAD;
98/20/2003 0! :57P
ChrJ. sC.~lunoz PuebloCt¥Clk&Rec TND ¢1G R 156.00 O e.Ele
EXHIBIT "A"
LEGAL DESCRIPTION PERMANENT EASEMENT 304 CONT'D
ARKANSAS RIVER HABITAT RESTORATION PROJECT
THENCE ALONG SAID RAILROAD RIGHT OF WAY SOUTH 26°40'51' EAST A DISTANCE OF 449.05 FEET;
THENCE SOUTH 02°15'21" WEST A DISTANCE OF 140.76 FEET TO A POINT ON THE NORTH BANK OF THE
ARKANSAS RIVER AS DESCRIBED IN DEED RECORDED JULY 8, 1987 AT BOOK 2355, PAGE 918 IN THE
RECORDS IN THE PUEBLO COUNTY, COLORADO, CLERK AND RECORDER'S OFFICE;
THENCE ALONG SAID NORTH BANK (THE EXISTING NORTH BANK OF THE ARKANSAS RIVER AS OF
DECEMBER, 1999) THE FOLLOWING SIX COURSES:
1. SOUTH 54°01'57" WEST A DISTANCE OF 318.51 FEET:
2, SOUTH 72°36'41" WEST A DISTANCE OF 225.21 FEET:
3, SOUTH 87°20'15" WEST A DISTANCE OF 190,77 FEET:
4. SOUTH 71 °07'57" WEST A DISTANCE OF 191.95 FEET:
5. SOUTH 68°21 '16" WEST A DISTANCE OF 323.57 FEET;
6. SOUTH 77°34'13'' WEST A DISTANCE OF 718.56 FEET;
THENCE DEPARTING THE EXISTING NORTH BANK OF THE ARKANSAS RIVER (DECEMBER, 1999) NORTH
64°29'14" WEST A DISTANCE OF 597.62 FEET TO A POINT IN THE CHANNEL OF SAID RIVER
THENCE NORTH 64°08'42" WEST A DISTANCE OF 330.74 FEET TO A POINT ON THE OFFICIAL SOUTH
CHANNEL LINE OF SAID RIVER;
THENCE ALONG SAID OFFICIAL SOUTH CHANNEL LINE ON THE ARC OF A CURVE TO THE RIGHT A
DISTANCE OF 533.07 FEET, SAID CURVE HAS A RADIUS OF 4,194.83 FEET AND A CENTRAL ANGLE OF
07°16'52";
THENCE SOUTH 88°27'22" WEST A DISTANCE OF 40.00 FEET:
THENCE SOUTH 01°32'38" EAST A DISTANCE OF 117,43 FEE-[
THENCE NORTH 62°20'29" WEST A DISTANCE OF 183.30 FEEq
THENCE SOUTH 88°27'22" WEST A DISTANCE OF 136.00 FEET
THENCE NORTH 01°32'38" WEST A DISTANCE OF 125.00 FEEl
THENCE NORTH 47°50'46" WEST A DISTANCE OF 441.97 FEE[
THENCE NORTH 67°26'17" WEST A DISTANCE OF 613.00 FEEl
THENCE NORTH 56°52'31" WEST A DISTANCE OF 347.81 FEE1
THENCE NORTH 58°04'32" WEST A DISTANCE OF 609.39 FEET:
THENCE NORTH 89°33'16" WEST A DISTANCE OF 152.85 FEE1
THENCE NORTH 46°03'59" WEST A DISTANCE OF 383.02 FEET:
THENCE NORTH 35°50'54" WEST A DISTANCE OF 252.39 FEE[
THENCE NORTH 44°51'10'' WEST A DISTANCE OF 702.23 FEET:
THENCE NORTH 54°24'44'' WEST A DISTANCE OF 354.35 FEET
THENCE NORTH 31°32'35" WEST A DISTANCE OF 307.41 FEET:
THENCE NORTH 44°30'12'' WEST A DISTANCE OF 545.17 FEET
THENCE ON THE ARC OF A CURVE TO THE RIGHT A DISTANCE OF 1,570.71 FEET, SAID CURVE HAS A
RADIUS OF 10,863.70 FEET AN D A CENTRAL ANGLE OF 08°17'03";
THENCE NORTH 39°39'00'' WEST A DISTANCE OF 369,44 FEET;
THENCE NORTH 37°52'26'' WEST A DISTANCE OF 570,73 FEET;
THENCE NORTH 17°44'00'' WEST A DISTANCE OF 252.95 FEET;
THENCE NORTH 36°37'14'' WEST A DISTANCE OF 309.64 FEET;
THENCE NORTH 41°41'18" WEST A DISTANCE OF 366.57 FEET;
THENCE NORTH 61°25'39'` WEST A DISTANCE OF 652,18 FEET;
THENCE NORTH 65°31'02" WEST A DISTANCE OF 846.61 FEET;
THENCE ON THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 247,58 FEET, SAID CURVE HAS A RADIUS
OF 1,660.00 FEET AND A CENTRAL ANGLE OF 08°32'43";
THENCE NORTH 74°03'45'' WEST A DISTANCE OF 721.04 FEET;
THENCE NORTH 82°35'50" WEST A DISTANCE OF 177.28 FEET;
THENCE NORTH 42°37'23" WEST A DISTANCE OF 268,00 FEET;
THENCE SOUTH 87°48'25" WEST A DISTANCE OF 407.74 FEET;
THENCE ON THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 1,680,07 FEET, SAID CURVE HAS A
RADIUS OF 2,700,00 FEET AND A CENTRAL ANGLE OF 35°39'08";
THENCE SOUTH 52°09'17'' WEST A DISTANCE OF 568.37 FEET;
THENCE SOUTH 61°47'36" WEST A DISTANCE OF 337.98 FEET;
THENCE SOUTH 70°13'19" WEST A DISTANCE OF 323,38 FEET TO THE POINT OF BEGINNING.
~8/20/2003 0! :57P
Chr~sC.Munoz Pueb[oCtyCtk&Re(~ IND AG R [5~.~ 0 ~.~
EXHIBIT "A"
LEGAL DESCRIPTION PERM~ENT EASEMENT 304 CONT'D
ARKANSAS RIVER HABITAT RESTORATION PROJECT
SAID PERMANENT EASEMENT CONTAINS 160.08 ACRES (6,972,872 SQUARE FE~) AS DESCRIBED.
BEARINGS ARE BASED ON THE STATE PLANE GRID BEARING FROM MONUMENT JK 1392 (A STANDARD
HORIZONTAL CONTROL DISK STAMPED "ABRIENDO 1993") TO NGS MONUMENT JK 1409 (A STANDARD
~IMUTH MARK DISK STAMPED 'AR~NSAS 1949") BEING SOUTH 81°23'51.2" WEST.
THE PRECEDING LEGAL DESCRIPTION WAS PREPARED BY WALTER E. PACHAK, JR. P.LS. NUMBER 28659
ON BEHALF OF WILSON & COMPANY, ARCHITECTS AND ENGINEERS FOR THE Cl~ OF PUEBLO,
COLOR~. ~
~ALTER E. PACHAK: JR., P.LS. ~659
DATED =
EXHIBIT "A"
LEGAL DESCRIPTION PERMANENT EASEMENT 304A
ARKANSAS RIVER HABITAT RESTORATION PROJECT
A PERMANENT EASEMENT LOCATED IN THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 20
SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PUEBLO COUNTY, COLORADO, BEING 15
FE~ EACH SIDE OFTHE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 20 SOUTH, RANGE 65 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, PUEBLO COUNTY, COLORADO, (A 3-1/4" ALUMINUM CAP IN
MONUMENT BOX, PLS 12933), THENCE SOUTH 71=54'26'' EAST A DISTANCE OF 5,940.28 FEET TO A
POINT ON THE EASTERLY RIGHT OF WAY OF PEARL STREW, THE POI~ OF BEGINNING:
THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT A DISTANCE OF 88.89 FE~, SAID
CURVE HAS A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 101051'44" AND A LONG CHORD B~RING
NORTH ~°40'58" EAST, A DISTANCE OF 77.64 FEET:
THENCE ON THE ARC OF A CURVE TO THE RIGHT A DISTANCE OF 68.41 FEET, SAID CURVE HAS A
RADIUS OF 200.00 FE~ AND A CENTRAL ANGLE OF 19~5'53";
THENCE SOUTH 24°47'17" EAST A DISTANCE OF 36.87 FE~;
THENCE ON THE ARC OF A CURVE TO THE LE~ A DISTANCE OF 242.48 FEET, SAID CURVE HAS A
RADIUS OF 600.00 FEET AND A CENTRAL ANGLE OF 23~09'17";
THENCE ON THE ARC OF A CURVE TO THE LE~ A DISTANCE OF 80.33 FEET, SAID CURVE HAS A
RADIUS OF 50.00 FE~ AND A CENTRAL ANGLE OF 92003'06'' TO AN INTERSECTION WITH PERMANENT
EASEMENT 304 OF THIS PROJECT, ~HE NORTHWEST CORNER OF SAID SECTION 35 BEARS NORTH
70~3'03" WEST A DISTANCE OF 6,355.21 FEET) WITH SIDE LINES E~ENDED OR SHORTENED TO
I~ERSECT WITH SAID PERMANENT EASEMENT 304 AND SAID RIGHT OF WAY OF PEARL STREET.
SAID PERMANENT EASEMENT CONTAINS 0.36 ACRES (15,5~ SQUARE FE~ AS DESCRIBED.
BEARINGS ARE BASED ON THE STATE P~NE GRID BEARING FROM MONUMENT JK 1392 (A STANDARD
HORIZONTAL CONTROL DISK STAMPED 'ABRIENDO 1993") TO NGS MONUMENT JK 1409 (A STANDARD
~IMUTH MARK DISK STAMPED 'AR~NSAS 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,
COLO~O.
WALTER E. PACHAK, JR., P.L.S.~659
DATED ~ ' -
28659