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HomeMy WebLinkAbout11778RESOLUTION NO. 11778 A RESOLUTION CONVEYING A CONSERVATION EASEMENT FROM THE CITY OF PUEBLO, A MUNICIPAL CORPORATION TO THE LOWER ARKANSAS VALLEY WATER CONSERVANCY DISTRICT RELATING TO THE MINNEQUA LAKE PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City purchased 264.7 acres of property commonly known as the Minnequa Lake Project for open space, park, trail and storm water purposes using grant funds from the State Board of the Great Outdoors Colorado Trust Fund ( "GOCO ") and City matching funds; and WHEREAS, Minnequa Lake Large Scale Project Grant Agreement, GOCO Project No. 5867, approved by City Council Ordinance No. 7502 on July 24, 2006 requires the City to convey a conservation easement on properties acquired with the use of GOCO funds in order to ensure the property will be permanently protected as open space; and WHEREAS, the Lower Arkansas Valley Water Conservancy District ( "LAVWCD "), a water conservancy district existing under the laws of the State of Colorado is a qualified conservation organization as defined by the Internal Revenue Code, accepts the responsibility of enforcing the terms of this Deed and upholding its conservation purposes forever, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO. that: SECTION 1. The Deed of Conservation Easement from the City to the LAVWCD for the property, commonly known as Minnequa Lake, a copy of which is attached hereto, having been approved by the City Attorney as to form, is hereby approved. SECTION 2. The President of City Council is hereby authorized to execute and deliver the Deed of Conservation Easement in the name of the City and to execute all other documents required therefor. The City Clerk is directed to affix the seal of the city to the Deed of Conservation Easement and attest same. SECTION 3. The Resolution will become effective upon final passage. A77ESTED SY: CITY CLERK INTRODUCED: December 28. 2009 BY: Michael Occhiato COUNCILPERSON APPR t)' } �- PRESIDENTof City Council ON aim I ff. NO= Background Paper for Proposed RESOLUTION AGENDA ITEM # M -6 DATE: DECEMBER 28, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE A RESOLUTION CONVEYING A CONSERVATION EASEMENT FROM THE CITY OF PUEBLO, A MUNICIPAL CORPORATION TO THE LOWER ARKANSAS VALLEY WATER CONSERVANCY DISTRICT RELATING TO THE MINNEQUA LAKE PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve the conveyance of a Deed of Conservation Easement to the Lower Arkansas Valley Water Conservancy District related to the Minnequa Lake Project? RECOMMENDATION Approval of the Resolution. BACKGROUND On December 28, 2008, the City purchased 264.7 acres of property owned by CF &I Steel, L.P., a Delaware Limited Partnership for the Minnequa Lake Project. A significant portion of the acquisition funds were provided through a GOCO Large Scale Project Grant, Project No. 5867, that was approved by City Council Ordinance No. 7502 on July 24, 2006. The grant requires the City to convey a conservation easement to an I.R.S. qualified land trust or conservation organization. The Lower Arkansas Valley Water Conservancy District ( "LAVWCD ") is a qualified conservation organization as defined by the Internal Revenue Code to accept and hold conservation easements. The Deed of Conservation Easement will ensure the property will be permanently protected as open space and restricted to open space, park, trail and storm water purposes. FINANCIAL IMPACT None. 18 D EASE 01/25/2010 09:54:31 AM Ga16kr[ clerk /Re order, Pueblo b lo r Cou 06 Y 00 o ®iii r �ah�a�r cai � WILIO��+�WIVIRA IOU ft 11111 DEED OF CONSERVATION EASEMENT NOTICE: THIS PROPERTY HAS BEEN ACQUIRED IN PART WITH GRANT 405867 ( "GRANT') FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND ( "BOARD'). THIS DEED OF CONSERVATION EASEMENT CONTAINS RESTRICTIONS ON THE USE AND DEVELOPMENT OF THE PROPERTY WHICH ARE INTENDED TO PROTECT ITS OPEN SPACE AND OTHER CONSERVATION VALUES. THE BOARD HAS FOUND THAT THIS DEED OF CONSERVATION EASEMENT PROVIDES BENEFITS THAT ARE IN THE PUBLIC INTEREST. THIS DEED OF CONSERVATION EASEMENT is made this 28th day of December , 2009 by City of Pueblo, a Municipal Corporation, having a mailing address of 1 City Hall Place, Pueblo, CO 81003 ("Grantor'), in favor of the Lower Arkansas Valley Water Conservancy District, a Water Conservancy District existing under the laws of the State of Colorado, having a mailing address of 801 Swink Avenue, Rocky Ford, CO 81067 ( "Grantee "). RECITALS: A. Grantor is the sole owner in fee simple of certain real property in Pueblo, Colorado, commonly known as Lake Minnequa and more particularly described in Exhibit A attached hereto and generally depicted on the map attached hereto as Exhibit B, which are collectively incorporated herein by this reference (the "Property "). B. The Property historically and presently receives water from a drainage basin area located south and west of the Property, shown on Exhibit C attached hereto ( "the Basin "). C. The Property possesses open water, wildlife habitat and piscatorial, natural, scenic, open space, educational and recreational values (collectively, "Conservation Values," as detailed in the `Baseline Documentation Report" discussed below) of great importance to Grantor, Grantee, the people of the City of Pueblo, Colorado and the people of the State of Colorado which are worthy of preservation. The Property has significant ecological and open space values as defined in C.R.S. § 38- 30.5 -101, et. seq. The Property also has values recognized by the following legislative pronouncements of conservation policy: C.R.S. § 38- 30.5 -101, et seq., providing for the establishment of conservation easements to maintain land "in a natural, scenic or open condition, or for wildlife habitat, or for agricultural ... or other use or condition consistent with the protection of open land having wholesome environmental quality or life- sustaining ecological diversity." C.R.S. § 33 -1 -101, et seq., which provide in part that "it is the declared policy of the State of Colorado that the wildlife and their environment are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and its visitors." 1831096 D_EASE 01/25/2010 09:54:31 AM Pa 2 of 21 R 106.00 D 0.00 T 105.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co �w� ®iii N1r�w�re�r M WAIWI i�ni4ILAN 11111 D. Grantor intends that the Conservation Values of the Property be preserved and protected, and that any uses be prohibited that would substantially diminish or impair the Conservation Values or that otherwise would be inconsistent with the purposes of this Easement. The parties acknowledge and agree that the current land use patterns, including, without limitation, those relating to reservoir use, open water and stormwater detention existing at the time of this grant, do not significantly impair or interfere with the Property's Conservation Values and are consistent with purposes of the Easement. E. Grantor further intends, as owner of the Property, to convey to Grantee the right to preserve and protect the Conservation Values of the Property in perpetuity. To this end, Grantor has donated to Grantee $0.00 at closing to be used as an endowment to cover a portion of the costs of monitoring the Property to ensure compliance with the provisions of this Deed of Conservation Easement (Monitoring Endowment Funds). Grantee will place the Monitoring Endowment Funds in its Stewardship Fund. The interest and/or other revenue generated by the Monitoring Endowment Funds will be used to offset Grantee's monitoring and enforcement costs, with the principal to remain intact, unless needed for an enforcement action on the Property. F. Grantee is a "qualified conservation organization" as defined by the Internal Revenue Code, and, as certified by a Resolution duly adopted by its Board of Directors accepts the responsibility of enforcing the terms of this Deed and upholding its conservation purposes forever. G. Grantee is also an organization as required under C.R.S. § 38- 30.5 -101 et seq., which provides for conservation easements to maintain land and water in a natural, scenic or open condition, for wildlife habitat, or for agricultural and other uses or conditions consistent with the protection of open land in Colorado. H. The voters of the State of Colorado by adoption of Amendment 27 to the Constitution of the State of Colorado, the legislature of the State of Colorado by adoption of enabling legislation, and the Board, by adopting and administering competitive grants application and rigorous due diligence review processes, have established that it is the policy of the State of Colorado and its people to preserve, protect, enhance and manage the state's wildlife, park, river, trail and open space heritage, to protect critical wildlife and piscatorial habitats through the acquisition of lands, leases or easements, and to acquire and manage unique open space and natural areas of statewide significance. I. Grantee agrees by accepting this Easement to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the Conservation Values of the Property for the benefit of this and future generations. NOW, THEREFORE, in consideration of the above 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. sec., Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth ( "Easement"). 4 1831096 D_ERSE 01/25/2010 09:54:31 AM Page: 3 of 21 R 106.00 D 0.00 T 106.00 ' Gilbert Ortiz Clerk /Recorder, Pueblo County., Co 1. Purpose The purpose of this Easement is to preserve and protect the Conservation Values of the Property in perpetuity. This purpose is in accordance with §170(h) of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations adopted pursuant thereto. To achieve this Purpose, Grantor intends to convey this Deed of Conservation Easement to Grantee to ensure that the Conservation Values of the Property will be preserved and protected forever. Subject to the purpose of this Easement, Grantor and Grantee intend to permit only uses of the Property which do not substantially diminish or impair the Property's Conservation Values and to prevent any use of the Property that will substantially impair or interfere with protecting the Property's Conservation Values. It is the intent of the Grantor to preserve the Property in its natural, scenic, open water, and open space condition to preserve the open space character, wildlife habitat, and scenic qualities of the Property. Notwithstanding the foregoing, nothing in this Easement is intended to compel a specific use of the Property, other than the preservation and protection of the Property's Conservation Values. 2. Baseline Documentation Report The Grantee acknowledges by its acceptance of this Deed of Conservation Easement that a written report is being prepared and will be, reviewed, and approved by both parties. The report will be completed on or before March 1, 2010. The Grantor and Grantee agree that this report shall be an accurate representation of the Property's current condition, and that, if necessary, the report will be reviewed and updated by the Grantor within six months of the date of this Easement (the `Baseline Documentation Report"). A copy of the Baseline Documentation Report shall be kept on file with both parties. The parties acknowledge that the Baseline Documentation Report is intended to establish the condition of the Property subject to the Easement as of the date written above, and that both parties shall acknowledged in a signed statement that shall be recorded in the Office of the Clerk and Recorder of Pueblo County, that the Baseline Documentation Report accurately represents the condition of the Property at the time of the conveyance. The parties further agree that, in the event a controversy arises with respect to the condition of the Property as of the conveyance date of the Easement, or compliance with or violation of any term or provision of this Easement, the parties may use the Baseline Documentation Report and any other contemporaneous relevant or material documents, surveys, reports, and other information to assist in resolving a controversy. 3. Rights of Grantee To accomplish the purpose of this Easement the following rights are conveyed to Grantee by this Easement: a. To maintain, preserve and protect the Conservation Values of the Property; b. To enter upon the Property at reasonable times in order to monitor Grantor's compliance with and otherwise enforce the terms of this Easement; provided that such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property; c. To prevent any activity on or use of the Property that is inconsistent with the purpose of this Easement; and 3 1831096 D_EPSE 01/25/2010 09:54:31 AM Page: 4 of 21 R 106.00 D 0.00 T 106.00 Gilbert Ortiz ClerklRecorder, Pueblo County, Cc d. To require the restoration of such areas or features of the Property that may be damaged by any inconsistent use. 4. Reserved Rights Grantor reserves to itself, and to its successors, and assigns, all rights accruing from its ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property that are not expressly prohibited or restricted herein and that do not substantially diminish or impair the Property's Conservation Values. Without limiting the generality of the foregoing, the Grantor reserves the right to engage in the following uses and practices, though not an exhaustive recital, are consistent with the Easement, so long as all such uses and practices are carried out in a manner consistent with the Management Plan, as periodically amended, as defined below: a. Water Rights Grantor, and its successors and assigns, shall retain the right to use water storage rights appurtenant to associated with the Property as provided by law, and to maintain, repair, and if destroyed, reconstruct any facilities related to the Water Rights (such as ditches, conveyance pipes and reservoirs) unless the Conservation Values of the Property are substantially diminished or impaired thereby, as determined by the Grantee in its sole discretion. Grantor shall not otherwise construct or enlarge, or permit others to construct or enlarge, any water diversion or storage facilities upon the Property without the prior written approval of the Grantee, which approval shall not be unreasonably withheld. b. Stormwater Storage Grantor reserves, to itself, its successors and assigns, the right to receive and store stormwater runoff flowing into Lake Minnequa from the City's stormwater system and natural drainages. Grantor shall retain the right to construct, maintain, repair, and if destroyed,: reconstruct any facilities related to the storage and release of stormwater (such as inlet structures, forebays, ditches, reservoir embankments, weirs, access roads, dams, outlet structures and outlet pipelines). c. Recreation Uses Grantor reserves, to itself, its successors and assigns, the right to allow the public to engage in and access Lake Minnequa for the following recreation uses: (1) Non - motorized passive recreational activities, such as water -based recreational uses including but not limited to sailing, windsurfing, canoeing, kayaking, row boating subject to appropriate regulations by Grantor and consistent with the Management Plan, as well as nature studies, model boat sailing, fishing from shorelines, float tubes, and non - motorized water craft. Only the following motorized boats and uses are allowed and not prohibited: a) motorized boats as authorized by Grantor will be allowed to enter Lake Minnequa for maintenance of the lake, emergency rescue, law enforcement, fire or other emergency operations in the course of carrying out normal operational duties, and b) construction or maintenance vehicles and/or construction or maintenance motorized vessels owned and operated by private contractors may enter Lake Minnequa subject to specific permission authorized by Grantor for construction and maintenance purposes. (2) Fishing activities shall be permitted, from shoreline areas and with the use of float tubes and non - motorized water craft subject to applicable state and federal laws and regulations and pursued in a manner that is consistent with the Management Plan. El 1831096 D_EASE 01/25/2010 09:54:31 AM Page: 5 of 21 R 106.00 D 0.00 T 106.00 Gilbert Ortiz Clerk /Recorder Pueblo County Co ®III Ari'MIUM "JIN WWWAN Ah 11111 (3) The right to maintain non - motorized dinghies, pedal boats, rowboats, canoes, and sailboats for public rental subject to appropriate regulations by Grantor and consistent with the Management Plan. To facilitate these reserved uses, Grantor, and Grantor's successors and assigns, may use, build, develop, construct, maintain, replace, and repair boat landing and launching facilities and storage for boat rental fleet. (4) Passive non - motorized recreational activities on the Property, such as hiking, bicycling, horseback riding, nature studies and other similar low - impact recreational uses, and associated trails, which do not cause a material adverse impact on the Conservation Values of the Property or are otherwise inconsistent with the purpose of this Easement and are located within corridors generally identified on the map attached hereto as Exhibit D. (5) Within designated Improvement Areas generally identified on the map attached hereto as Exhibit D, the general public may utilize the Property for other outdoor recreational uses such as picnicking, and related activities. In order to facilitate such activities, the Grantor has reserved herein the right to build certain general park features consistent with Paragraph 5(c) below. . d. Dredgine and Shoreline Modifications Grantor reserves the right to engage in the removal of shoreline and lake bottom material to increase the water storage capacity of the lake and the placement and revegetation of excavated materials for the benefit of wildlife habitat. e. Irrigation Grantor has the right to install, utilize, maintain, repair, or if destroyed, reconstruct or replace irrigation structures and equipment within the .open grass, parking; park facilities areas in the Designated Improvement areas illustrated on Exhibit D and further defined in Paragraph 4C, as well as irrigation structures and equipment within open space areas needed for the establishment and preservation of natural vegetation. New ditches and irrigation structures may be constructed as reasonably necessary or reasonably advantageous for maintaining native vegetation on the Property provided they do not have a material adverse impact on the Conservation Values of the Property. Typical irrigation systems utilized for establishing and maintaining open space areas shall be deemed consistent with the purposes hereof and are permitted hereunder, and any new irrigation technology which shall not materially impact any of the Conservation Values of the Property shall be deemed consistent with the purposes hereof. 5. Prohibited and Restricted 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 are expressly prohibited: a. Development Rights Grantor hereby grants to Grantee all development rights except as otherwise expressly reserved by Grantor herein, and the parties agree that such rights are hereby released, terminated and extinguished, and may not be used on or transferred off of the Property to any other property adjacent or otherwise or used for the purpose of calculating permissible lot yield of the Property or any other property. b. Construction of Buildings and Other Structures The construction of any building, structure or other improvement, except those existing on the date of this Easement, 5 1831096 D EASE 01/2312010 09:54:31 AM Pa fr: 6 of 21 R 106.00 D 0.00 T 106.00 Gi l6ert Ortiz Clark /Recorder, Pueblo County, Cc ® illN�' iPJ�Irll�;' 44fiCIR��Q 'h��h��I�+L��Y�IN "1 ®���� or thereafter constructed in accordance with Paragraphs 4.a., 4.b., 4.c, 4.d. and. 4.e. above and 5.c. below, is prohibited. All existing structures, and other improvements are generally identified on the maps attached hereto as Exhibit D. c. New Structures and Improvements Under no circumstances shall the following kinds of structures or improvement be built on the Property: helicopter pads, shooting ranges, golf courses or ranges, athletic fields, race tracks or airstrips. Grantor shall notify Grantee prior to undertaking any construction of public recreation facilities, stormwater, and other improvements in accordance with Paragraph 7 below. To facilitate these reserved uses, Grantor, and Grantor's successors and assigns, are expressly authorized to use, build, develop, construct, maintain, replace, and repair the following general park structures and other related improvements including utility service in the areas designated within Exhibits E: (1) A boat landing and launching facility such as a boat ramp, docks and storage for boat rental fleet. (2) Parking for public access to recreation facilities and trails with improvements such as informational signs/kiosks and trash containers. (3) Park pavilion shelters, restrooms . (4) Recreational trails including both crusher fine, concrete or asphalt surfacing and boardwalk and bridge structures crossing ditches and access to trails used for environmental education purposes. (5) Motorized ingress /egress access roads ( "Roads ") extending from Lakeshore Drive to Mirror Avenue and to parking areas within the Property. (6) Construct new stormwater improvements including, but not limited to, dams, inlet structures, outlet structures, forebays, floodwalls, protective gabbions, rip -rap flood protection and bank stabilization, etc. d. Fences The construction or reconstruction of any fence, except to repair or replace existing fences, build new fences for purposes of reasonable and customary management of wildlife, water operations structures, storm water management facilities, or new fences for separation of ownership and uses is prohibited. e. Subdivision Any division or subdivision of title to the Property, whether by physical or legal process, is prohibited. f. Vegetation Trees and other vegetation may be cut subject to the provisions 4.a -d. above and to allow for the construction of new authorized structures and improvements, to control insects and disease, to control invasive non - native species, and to prevent personal injury and property damage. IN 18 D_EASE 01/25/2010 09:54:31 AM Gilbe rt0rrtiz Cler Pueblo r Cou 06 Y 00 o mill WIMhil4�r VIOU wJ xr�� is inn milli g. Commercial Mining Subject to the provisions of paragraph 4.d. above, the mining or commercial extraction of soil, sand, gravel, rock, oil, natural gas, fuel, or any other mineral substance using any surface mining method is prohibited. Nothing in this subparagraph is intended to prohibit incidental use or reuse of soil, sand and gravel located upon the Property elsewhere upon the Property in connection with activities authorized under this Easement. h. Paving and Road and Trail Construction Except as provided in subparagraph 4.c. above, no portion of the Property shall be paved or otherwise covered with concrete, asphalt, or any other paving material, nor shall any road or trail be constructed without the prior written approval of Grantee, which approval shall not be unreasonably withheld. Grantee shall give such permission within a reasonable time, unless Grantee determines that the proposed paving or covering of the soil, or the location of any road or trail, will substantially diminish or impair the Conservation Values of the Property or is otherwise inconsistent with this Easement, and such permission shall not be unreasonably withheld i. Trash. The dumping or uncontained accumulation of any kind of trash or refuse on the Property, including but not limited to household trash and hazardous chemicals, is strictly prohibited. j. Motorized Vehicles Motorized vehicles may only be used in a manner that does not substantially diminish or impair the Conservation Values of the Property. Off road vehicle courses for snowmobiles, all- terrain vehicles, motorcycles, or other motorized vehicles are prohibited. Nothing in this paragraph is intended to prohibit the use of motorized vehicles for uses that are permitted under this Easement. k. Commercial or Industrial Activity No industrial uses shall be allowed on the Property, subject to the provisions of paragraph 4.c. above, no commercial uses are allowed on the Property. Provided that the lake located on the Property shall forever remain a viable public recreation amenity. 1. Topographical Changes Subject to the provisions of paragraph 4.a., 4.b., 4.c., 4.d., 4.e. and S.c. above that are reasonably necessary in connection with improvements and operation of water storage, stormwater, recreation and water quality improvements, no excavating, grading, cut and fill, berming or other similar material topographical changes shall occur on the Property. m. Signs and Billboards No commercial signs, billboards, awnings, or advertisements shall be displayed or placed on the Property, except for appropriate and customary "warning" or "hazard" signs, signs regarding low impact recreational uses, and signs informing the public of the status of ownership. Grantee shall erect one or more signs visible from the nearest public roadway, or from an alternative location approved by the Board, identifying the Board's Grant and investment in this Property to the public. Grantor may also erect appropriate educational signs advising and in furtherance of the Property's Conservation Values, and informational signs advising the public of allowed uses, availability of restrooms, accessibility information complying with law, trail maps, and wildlife, environmental and other relevant matters. 7 18 3 3 g 1096 0 _EASE 01/25/2010 09:54:31 AM Gilbert Ortiz R z Clerk/Recorder. PueblorCounty, o n. Hazardous Materials and Water Pollution The storage, dumping or other disposal of toxic and /or hazardous materials or of non - compostable refuse and the material degradation or pollution of any surface or sub - surface water on the Property is prohibited. As used herein, the phrases "toxic and/or hazardous materials" and "pollution" shall not be construed to prohibit stormwater runoff nor stormwater conveyed by a municipal stormwater system from being temporarily placed, detained or stored on the Property. Notwithstanding the foregoing, Grantor shall continue to comply with all applicable state and federal laws and regulations pertaining to such use. Notwithstanding anything in this Easement to the contrary, this prohibition does not make the Grantee or the Board an owner of the Property, nor does it permit the Grantee or the Board to control any use of the Property by the Grantor which may result in the storage, dumping or disposal of hazardous or toxic materials; provided, however, that the Grantee may bring an action to protect the Conservation Values of the Property, as described in this Easement. (This prohibition does not impose liability on the Grantee, nor shall the Grantee be construed as having liability as a "responsible party" under CERCLA or similar federal or state statutes.) o. Utilities. Except as allowed under existing utility easements, and subject to the provisions of Paragraph 4 (Reserved Rights) above, no new utility transmission lines shall be constructed or allowed on the Property. 6. Land Management To facilitate periodic communication between Grantor and Grantee about management issues that may impact the Property's Conservation Values, the Property shall, be operated and managed in accordance with a land management plan prepared by Grantor and approved by the Grantee, which plan shall be initially . prepared within one year of the date of this Easement and shall be updated at least every five years or upon renewal of the Grantor's stormwater permit from the State of Colorado (or EPA), whichever is less. 7. Notice of Intention to Undertake Certain Permitted Actions The purpose of requiring Grantor to notify Grantee prior to undertaking certain permitted activities is to afford the Grantee an opportunity to ensure 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 the 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, scope, 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. 8. Grantee Approval. Where Grantee approval is required, Grantee shall grant or withhold its approval in writing within sixty (60) days of receipt of Grantors' written request therefor. Grantee's approval may be withheld only upon a reasonable determination by Grantee that the action as proposed would be inconsistent with the purpose of this Easement. 9. Enforcement If Grantee finds what it believes is a violation of this Easement, 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 E 1831096 D EASE 01/25/2010 09:54:31 AR Page: 9 of 21 R 106.00 D 0.00 T 106.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Ca ®III Pd. YnIMVk'dRMI eWWWRAl Mil 11111 condition prior to the violation; or (b) provide a written explanation to Grantee why it contends the alleged violation should be permitted. If the condition described in clause (b) above occurs, both parties agree to meet as soon as possible to resolve this difference. If a resolution of this difference cannot be achieved at the meeting, both parties agree to meet with a mutually acceptable mediator to attempt to resolve the dispute. When, in Grantee's opinion, an ongoing or imminent violation could irreversibly diminish or impair the Conservation Values of the Property, Grantee may, at its discretion, take appropriate legal action. Grantor shall discontinue any activity that could increase or expand the alleged violation during the mediation process. Should mediation fail to resolve the dispute, either Grantor or Grantee may, in its discretion, take appropriate legal action. If a court with jurisdiction determines that a violation is imminent, exists, or has occurred, Grantee may, in accordance with law and applicable rules of court, seek an injunction to cease the violation, temporarily or permanently. A court may, if appropriate, also issue an injunction to require Grantor to restore the Property to its condition prior to the violation. Mediation shall not be a condition precedent to Grantee seeking a temporary restraining order or injunction to prevent or remove a violation which will cause irreparable harm. 10. Grantee's Discretion Enforcement of the terms of this Easement shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 11. Waiver of Certain Defenses Grantor hereby waives any defense of laches, estoppel, or prescription, including any defenses available under C.R.S. § 38 -41 -119, et seq. 12. 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 Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 13. Access The general public shall have access to the Property subject to regulations by Grantor reasonable and prudent to protect public health and safety. 14. Costs and Liabilities Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property. Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor. 15. Taxes Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "taxes "), including any taxes imposed upon, or incurred as a result of, this Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. Grantee is authorized but in no event obligated to make or advance any payment of taxes, 0J 1831095 D EASE 01/25/2010 09:54:31 AM Gi3lbert to Ortiz Clerk//Recorderr, D Puebllo County. 0 Cc upon thirty (30) days prior written notice to Grantor, in accordance with any statement of taxes due from the appropriate authority, and the obligation created by such payment shall bear interest until paid by Grantor at the lesser of 3 percentage points over the prime rate of interest from time to time charged by a bank selected by Grantee or 8% per annum. 16. Hold Harmless To the extent permitted by law, Grantor shall hold harmless, indemnify, and defend Grantee and the Board, and the respective 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 attorneys' 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, except to the extent due to the negligence of any of the Indemnified Parties; (2) the obligations specified in Paragraph 9 herein; and (3) the presence or release of hazardous or toxic substances on, under or about the Property. For the purpose of this paragraph, hazardous or toxic substances shall mean any hazardous or toxic substance that is regulated under any federal, state or local law. Without limiting the foregoing, nothing in this Deed shall be construed as giving rise to any right or ability in Grantee or the Board, nor shall Grantee or the Board have any right or ability, to exercise physical or managerial control over the day -to -day operations of the Property, or otherwise to become an operator with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. 17: Real Property Interest This Easement constitutes a real property ,.interest immediately vested in Grantee. The parties stipulate that the fair market `value of this Easement has not been determined as of the date of conveyance. Should the value of the Easement need to be determined pursuant to Paragraph 18 below, it shall be based upon the ratio of the value of the Property unencumbered by the Easement to the value of the Property as- encumbered by the Easement, as determined by a qualified appraisal performed within one year of the condemnation or extinguishment (the "Easement Value Percentage "). 18. Condemnation or Other Extinguishment If this Easement is taken, in whole or in part, by exercise of the power of eminent domain, or if circumstances arise in the future that render the purpose of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. Each party shall promptly notify the other party and the Board in writing when it first learns of such circumstances. Grantee shall be entitled to compensation in accordance with applicable law, after the satisfaction of prior claims, from any sale, exchange, condemnation, or other involuntary or voluntary conversion of all or any portion of the Property subsequent to such termination or extinguishment. Grantee's compensation shall be an amount equal to the Easement Value Percentage described in Paragraph 17 above, multiplied by the amount of the full proceeds from any sale, exchange, condemnation, or other involuntary or voluntary conversion of all or a portion of the Property. The Board shall be entitled to receive eighty -two percent (82 %) of Grantee's compensation. Grantee shall promptly remit the Board's share of these proceeds to the Board. Grantee shall use its proceeds in a manner consistent with the conservation purposes of this Easement. 10 183 D EASE 01125/2010 09:54:31 All Gilbert Clark /Reccorderr, Puebla County, 0 ®III W011 H AIdd WIW 101 W.W RITNi 1114/1111 19. Assianment This Easement is transferable, but Grantee may assign its rights and obligations under this Easement only to an organization that (a) is a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code of 1986, as amended (or any successor provision then applicable), and the applicable regulations promulgated thereunder, (b) is authorized to acquire and hold conservation easements under Colorado law, (c) agrees to assume the responsibility imposed on Grantee by this Easement, and (d) is approved in writing as a transferee by the Board in its sole discretion. Grantee shall provide the Board with a written request to assign the Easement at least forty -five (45) days prior to the date of the assignment transaction. The Board may disapprove of the transfer for any reason, including but not limited to, the holder's desire to sell its interest in the Property. a. The Board shall have the right to require Grantee to assign its rights and obligations under this Easement to a different organization if Grantee ceases to exist or for any reason fails or refuses to enforce the terms and provisions of this Easement. If Grantee ceases to exist prior to an assignment of this Easement, then the Easement shall automatically revert to an organization designated by the Board that is (a) a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code of 1986, as amended (or any successor provision then applicable), and the applicable regulation promulgated thereunder; and (b) authorized to acquire and hold conservation easements under Colorado law. b. If Grantee desires to transfer this Deed to a qualified organization having similar purposes as Grantee, but the Board has refused to approve the transfer, a court with jurisdiction shall transfer this Deed to another qualified organization having similar purposes that agrees to assume the responsibility imposed on Grantee by this Deed, provided that the Board shall have adequate notice of and an opportunity to participate in the court proceeding leading to the court's decision on the matter. 20. Subsequent transfers Grantor shall incorporate by reference the terms and conditions of this Easement in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Property, except conveyance of a leasehold interest that is no longer than one year in duration. Grantor further agrees to give written notice and a copy of the recorded conveyance document to Grantee and the Board within 45 days after closing. 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. 21. Additional Board Refund The Board's Grant will provide partial consideration for Grantor's acquisition of fee title to the Property, associated water rights, and/or partial real estate interest in the Property above and beyond the Easement; therefore, any voluntary sale, conveyance, transfer, or other disposal of all or any portion of Grantor's interest in the Property or associated water rights ( "Sale "), excluding any lease of the Property or the water rights to a third party in the ordinary course of using the Property for permitted purposes, shall constitute a material change to the Grant that shall require prior written Board approval and may require a separate refund to the Board of an amount to compensate the Board for use of the Board's Grant, plus administrative costs (the "Additional Board Refund "), in addition to any payment that the Board may be entitled to receive under Paragraphs 18 and 19 above. 11 1831096 D EASE 01/25/2010 09:54:31 AM 12 of 21 ClerkRReaorderr. Pueblo County, 06i0 o ®III FI P1'4U NUIVIN Am 4LIMCN 1111111 a. Amount The amount of the Additional Board Refund shall be based upon a percentage of Grantor's net proceeds from the Sale (which shall be defined as the fair market value of the property being sold in the Sale, minus direct transaction costs) ( "Net Proceeds "). The Additional Board Refund shall be determined by: a) first dividing the Board's Grant amount by the original purchase price for fee title to the Property; b) then by multiplying the resulting ratio by the Net Proceeds; and c) adding interest figured from the Grant payment date at the Prime Rate listed by the Federal Reserve Bank of Kansas City, Missouri that is most current on the effective date of the Sale. The Board may, in its sole discretion, waive the requirement for payment of interest or reduce the amount of interest due at the time of the Sale. The Additional Board Refund shall be paid to the Board in cash or certified funds on or before the effective date of the Sale. b. Possible Exception to Refund Requirement If a Sale occurs to a third party which is eligible to receive open space funding from the Board, and the Board has provided written confirmation of the third party's eligibility, Grantor shall not be required to pay the Board an Additional Board Refund, unless the Board determines in its sole discretion that one or more aspects of the Grant have changed that reduce the Grant project's scope from that of the original Grant as approved by the Board. (For example, if the Grantor proposed that the Grant project would include public access to the Property, and the Sale will result in substantially the same amount and type of public access, the Board will deem that a material change in the Grant project's scope has not occurred, and Grantor shall not be required to pay the Board an Additional Board Refund, unless another aspect of the Grant project has changed that reduces the Grant project's scope from that of the original Grant as approved by the Board). 22. Notices Any notice, demand, request, consent, approval, or communication that either party or the Board is required to give to the other in writing shall be either served personally or sent by first class mail, postage prepaid, addressed as follows: To Grantor: City Manager — City of Pueblo 1 City Hall Place, Pueblo, Colorado 81003 with a copy to: City Attorney 503 N. Main Street, Suite 127 Pueblo, CO 81003 To Grantee: General Manager Lower Arkansas Valley Water Conservancy District 801 Swink Avenue, Rocky Ford, CO 81067 To the Board: Executive Director State Board of the Great Outdoors Colorado Trust Fund 1600 Broadway, Suite 1650 Denver, CO 80202 or to such other address as either party or the Board from time to time shall designate by written notice to the other. 12 1831096 D EASE 01/25/2010 09:54:31 AM Pa gge: 13 of 21 R 106.00 D 0.00 T 106.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®u1 M air �� WY111P KA11 r��t� INTMO H 11111 23. Grantor's Title Warranty Grantor will warrant and defend title to the Property to Grantee and its successors and assigns against all claims from persons claiming by, through, or under Grantor. 24. Subsequent Liens on the Property No provisions of this Easement shall be construed as impairing the ability of Grantor to use this Property as collateral for subsequent borrowing, provided that any mortgage or lien arising from such a borrowing would be subordinate to this Easement. 25. Recording Grantee shall record this instrument in timely fashion in the official records of each county in which the Property is situated, and may re- record it at any time as may be required to preserve its rights in this Easement. 26. 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. Severabilitv If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. d. Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easement, all of which are merged herein. e. No Forfeiture Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. f. Non - Merger No merger shall be deemed to have occurred hereunder to under any documents executed in the future affecting this Easement, unless the parties expressly state that they intend a merger of estates or interests to occur and the parties have also obtained the prior written consent of the Board approving such merger of estates or interests. g. 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. 13 1631096 0 EASE 01/25/2010 09:54:31 AM Gag ert Ortiz ClerklReoord0rr, 0.00 D Pueblo Coun Co m ill P' + air r,< �r�m i�l�,a�t��w�k Milli iii h. Termination of Rights and Obli atg ions Provided that the Board has consented to a transfer, 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. i. 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. j. No Third Party Beneficiaries This Easement is entered into by and between Grantor and Grantee, and is solely for the benefit of Grantor, Grantee, and the Board and their respective successors and assigns for the purposes set forth herein, and does not create rights or responsibilities in any third parties beyond Grantor, Grantee, and the Board. k. Amendment If the circumstances arise under which an amendment to or modification of this instrument would be appropriate, Grantor and Grantee may jointly amend this instrument; provided that no amendment shall be allowed that will affect the qualifications of this Easement under any applicable laws; and provided, further, that the prior written approval of the Board shall be required. Any amendment must be consistent with the conservation purposes of this Easement and may not affect its perpetual duration. Any amendment must be in writing, signed by both parties, and recorded in the records of the Clerk and Recorder of the County in which the Property is located. 1. Change of Conditions A change in the potential economic value of any use that is prohibited by or inconsistent with this Easement; or a change in any current or future uses of neighboring properties; shall not constitute a change in conditions that makes it impossible or impractical for continued use of the Property for conservation purposes and shall not constitute grounds for terminating the Easement. m. Termination of the Board In the event that Article XXVII of the Colorado Constitution, which established the State Board of the Great Outdoors Colorado Trust Fund, is amended or repealed to terminate the Board or merge the Board into another entity, the rights and obligations of the Board hereunder shall be assigned to and assumed by such other entity as provided by law, but in the absence of such direction, by the Colorado Department of Natural Resources or its successor. TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever. IN WITNESS WHEREOF Grantor and Grantee have executed this Deed of Conservation Easement on the day and year first written above. PUEBLO, a Municipal Corporation [SEAL] �/ f B Gcw �� President of the City Co ncil 14 Attest: City Perk APPROVED AS TO FORM: f/') City Attorney M f STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) 1831096 D EASE 01/25/2010 09:54:31 AM Page: 15 of 21 R 106.00 D 0.00 T 105.00 Gilbert Ortiz Cier0Recorder, Pueblo County, Co ®III I ' +Ply l�'t�Fi�tIW�Gi it ���14 N114IM011 11111 The foregoing instrument was acknowledged before me this 20 day of OCCember , 2009 , by \lera Or as President of City Council and Y1 < D )c Lr r as City Clerk of Pueblo, a Municipal Corporation. i and official seal. expires: S 7 201 t 2iWy,. °n i CU { s, cv ��« Notary Public LOWER ARKANSAS VALLEY WATER CONSERVANCY DISTRICT By Zki Board Chairman 15 1831096 D EASE 01/25/2010 09:59:31 AM Pagge: 16 of 21 R 106.00 D 0.00 T 106.00 Gilbert Ortiz Clerk /Reoorder, Pueblo County, Co mill air STATE OF COLORADO ) ss. COUNTY OF OTERO ) The foregoing inst'u''}e�nt was acknowledged before me this � 0 day of it 20L, by V6( Mr�1-r as Chairman of L wer Arkansas Valley Water Conservancy District. Witness my hand and official seal. vim, � >iF�t7+ commission expires: 0 0' i Not Public 16 183110967 oi 01106/0010 09004T310AM00 01 'ia1� Y�t�hr�l IL t I N�IC�i�C�r�� "! 11111 E) ITT "A" Pareel A: That certain lake or reservoir heretofore known as Lake Minnoqua, or Roservoir No. 1, located in Sections 11, 12, 13 and 14, Township 21 South, Range 65 West of the 6th P.M., Pueblo County, Colorado, on lands mote particularly described as follows: Beginning at a point marked by a sandstone monument, which point is a distance of 1,290 feet South of a monument at the Northeast corner of Lake View Addition, a subdivision of Block 38, Uplands Park, according to a plat of said Lake View Addition filed in the office of the County Clerk and Recorder of Pueblo County; thence N 86 °45' Beat, a distance of 76 feet; thence S 38 ° 26' East, a distance of 133 foot; thence S 15 0 59' East, a distance of 69.1 feet; thence S 00 0 12' West, a distance of 308.1 feet; thence S 2 0 17' West, a distance of 373 feet; thence S 16 °22' West, a distance of 426.3 feet; thence S 26 0 29' West, a distance of 152.6 feet; thence S 38 °47' West, a distance of 506 feet; thence S 40 °29' West, a distance of 75 feet; thence S 46 0 00' West, a distance of 90.3 feet; thence S 52 °28' West, a distance of 307.2 feet to a sandstone firmly set in the ground; thence S 1 °22' West, a distance of 1,016 fact; thence S 9 °57' West, a distance of 148.9 feet; thence S 19 °19' West, a distance of 214.3 feet; thence S 83 *01' West, a distance of 106.9 feet; thence S 29 "15' West, a distance of 110.3 feet; thence S 46 °55' West, a distance of 60.1 feet to a sandstone firmly set in the ground; thence S 86 °42' West, a distance of 223.6 feet; thence N 59 °43' West, a distance of 1,343.7 feet; thence N 25 0 25' West, a distance of 306 feet; thence N 01'20" West, a distance of 769.1 feet; thence N 41 West, a distance of 324.8 feet to a sandstone firmly set in the ground; . thence N 7°21' West, a distance of 144.4 feet; thence N 4 6 55' West, a distance of 225.3 fact; thence N 30 0 48' West, a distance of 330.4 feet; thence N 4 °31' West, a distance of 222.3 feet; thence N 23 "58' East, a distanco of 865.2 feet; thence N 40 0 05' East, a distance of 130.1 feel to a sandstone firmly set in the ground; thence N 65 °35' East, a distance of 91.6 feet; thence N 84 0 16' East, a distance of 764.3 feet; thence S 84 0 56' East, a distance of 276 feet; thence S 72 °12' East, a distance of 199.6 feet; thence S 68 °12' East, a distance of 133.8 feet; thence S 82 °06' East, a distance of 342.6 feet, thence AT 87 °41' East, a distance of 265.3 feet; thence S 83 °16' East, a distance of 815.9 feet; thence N 76°35' East, a distance of 186,4 feet to the Point of Beginning; As shown as Lake Minneque on the Plat of Lake Minneque Reservation, Second Filing, County of Pueblo, State of Colorado; Except portion conveyed to Minnequa University Club recorded October 31, 1927 in Book 671 at page 327, to Godwin- Bevers Co., Inc., March 23, 1972 in Book 1713 at page 613, to the County of Pueblo, August 13, 1957 in Book- 1340 at page 425; Page 1 17 'r 1831096 D EASE 01/25/2010 09:54:31 AM Page: 18 o? 21 R 106.00 D 0.00 T 106.00 Gilbert Ortiz Clerk;Recorder, Pueblo County, Co ®III KFI ill WIVI§4LGKAN N vult 1111+L 11111 7 facts A, B, C, D and E, Lake Minnequa Reservation, Second Filing, Ceungv of Pueblo, State of Colorado; Except portions conveyed to the County of Pueblo recorded March 28, 1904 In Book 269 at page 371, Scheel District No. 60, recorded February 27, 1952 in Book 1176 at page 275 Continental Oil Company, recorded January 30, 1952 in Book 1174 at page 207, Godwin- Bevers Co., Inc., recorded March 23, 1972 in Book 1713 at page 613, Minnequa Shores, Inc., September 30, 1975 in Book 1825 at page 753, School District No, 60, October 10, 1976 in Book 1826 at page 736 and Book 1826 at page 738; together with parlors of vacated streets as vacated in Resolution recorded November 20, 1936 in Book 630 at page 168. Parcel C: An unmarked lot In Block 10 in Mahoney Subdivision, Second Filing, being a portion of the Northwest quarter of Section 14, Township 21 South, Range 65 West of the 6th P.M., Pueblo County, Colorado more particularly described as follows: Commencing at the Northwest corner of the said Section 14; thence due East a distance of 86.00 feet to a point on the East line of Prairie Avenue; thence due South along said Prairie Avenue, a distance of 1252.89 feet to a point on the North line of Plains Avenue; thence due East, along said Plains Avenue, a distance of 705.27 feet to the true point of beginning; said point being on the Easterly line of Alma Avenue, according to the plat of Mahoney Subdivision, Second Filing, filed for record December 11. 1953, and also being on the Westerly right of way line of the CF 8 I Corporation's Minneque Ditch; thence N 8 "41'E along the ditch right of way fine a distance of 272.88 feet to a point on the Southerly line of Lot 1 Block 10 of said Mahoney Subdivislon, Second Filing; thence S ag'16'W along said South line of Lot 1 a distance of 47.82 feet, to a point on the Easterly line of said Alma Avenue; thence S 10 °00'40 "E along said Easterly line of Alma Avenue, a distance of 275.08 feet, more or less to the true point of beginning. Parcel D: Minoequa Feeder Ditch 1. That certain Ditch, known as the Lake 1\4imequa Feeder Ditch, located m Section 11 and 14, Township 21 Soutb, Range 65 West, described as follows: Beginning at the northwest comer of Section 14, Township 21 South, Range 65 [crest thence NS9°'>.A'$ 2,012.5 feet; thence S0 4745 feet to the Point of Beganine thence S0 185.5 feet, thence S81"28'W, 437.47 feet; thence S88 255.45 feet; thence NO "59'VRf, 20.4 feet; thence 889 426.7 feet to a point of curve; thence aion_ the arc of a curve to the left with a radius of 25.4 feet, a distance of 39.38 feet; tbeuce SO "57'E 260 fee{ thence N8998'E, 42.0 feet; thence S0 1,104_ feet; thence S7 305.80 feet; thence S3 0 38'W, 330.92 fee.; thence S3 1,753.85 feet: thence S31V- -54'E, 1.SS823 foci: thrmx SM4'E, 152.67 feet; thence S89 ^_5.00 feat thence NO"241k', 118.6 few thence X30°54'W, 1,534.55 feet thence N3°2R'Rr, 1,290.64 feet; thence NO°41'W, ,40.09 fee; theom N7 1 48'_°, 340.00 feet; thence NO°41'W, 1,059.10 feet, Orehoe N89 °l8'E, 53.0 feet thence NO`57'E, 27034 feet to a point of curve; thence along the arc of a curve to the right n ith a radius of 75A feet, a distance of 116.9 feet; thence N89 425.9 feet 8teuuce, N82c03' E 180.6 feem thence N57"47 119.5 fee; thence NS3 61.0 feet thence S80°54'E, 49.6 feet: theme N72 315.9 feet, to the Point of Begitinvia- Containing 17.564 acres, more or less. mgeth=%xridt all interest of Seller in vacated Mau and alleys adjecent therew, all mseaenu and other appuneances tl><reto, all improveienu theeoD and all coached fiz'turos thereon in their p== condition and free of encumbrances, except zs herein provided (collectively the "Property "). Page 2 OR . `a . 1831096 D EASE 01/25/2010 09-5.1 Pa'lg T 21 A 106.00 Gilbert D 0.00 Ortiz Clark/Recorder, Pueblo County, Cc ,1,1,,,, M&AMW A A Mfocisclu, M 11111 Exhibit B Minnequa Lake Conservation Easement Area F F-Ta HN 1 7— 1 T - 1 9d L L agand ,NG M.GG.P CB-S_WRHLA7rFRIBUT 19 1831096 D : 20 p? Pa EAS E A 01/21065/-020 0 D 0 09: .00 54 1 :31 06 AM 00 fr G I ert Ortiz Clerk /Recorder, Puebio County,' Co Bill EXhibit C Lake Minnequa Storrawater Drainage Basin Map L Goodnight Arroyo Arkansas River oe �St aefles" River 20 4%10 V I-- � L W 7. Lake Minnequa : T o oe �St aefles" River 20 1816 AS 01106/0010 09:51 M Pan 309 D EE 21 oT 21 0.00 4:3 T 106 G rt Ortiz Clerk/Reoorder, Pueblo County, Co ■ Exhibit D Minnequa Lake Conservation Easement Existing Structures & Improvements Future Improvement Areas ET R Legend = Conservation EaSaMntA 2 wimsea Trait Corfldws Futura Wnpmnment Areas FINAL Evistrip IMPMVWentS FINAL Minnequa Lake Stor ater Cutlet Pipes LIB il TU JI �EHIM I !, lkj 21 ky 0�tnescue Grass Area Wetland Pond LIB il TU JI �EHIM I !, lkj 21