HomeMy WebLinkAbout08440ORDINANCE NO. 8440
AN ORDINANCE APPROVING AN AGREEMENT
BETWEEN THE CITY OF PUEBLO AND THE CITY OF
COLORADO SPRINGS, AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
WHEREAS, the City of Colorado Springs, for the use and benefit of Colorado
Springs Utilities, an enterprise of the City of Colorado Springs (“Colorado Springs”)
seeks to construct its proposed Southern Delivery System pipeline and other facilities
(“SDS”); and
WHEREAS, the City of Pueblo's ("City") Honor Farm Park and Open Space
Property (the "Park Property") lies in the path of the route for the SDS, and
WHEREAS, it is necessary for Colorado Springs to obtain easements across the
City’s Park Property in order to construct and maintain the SDS pipeline; and
WHEREAS, the City and Colorado Springs are parties to an intergovernmental
agreement dated March 1, 2004 ("IGA") under which City agreed not to unreasonably
withhold agreement for rights of way across City property for the SDS, subject to
payment of compensation by Colorado Springs; and
WHEREAS, under said IGA, Colorado Springs has also agreed that any access
over lands owned by City will be subject to conditions which will prevent unreasonable
interference with the existing and future uses of City’s property, including rights and
interests held by City’s lessees and others; and
WHEREAS, in furtherance of its IGA obligations, City is willing to grant certain
easements in accordance with the terms and conditions of the Agreement dated
January 9, 2012 ("Agreement"), a true copy of which is attached hereto, in order that
Colorado Springs may construct and maintain the SDS pipeline; and
WHEREAS, the Agreement is intended to contractually bind Colorado Springs to
reasonable terms and conditions for the protection of the City and its lessees. NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement dated January 9, 2012 between the City and Colorado Springs, a
true copy of which is attached hereto and incorporated herein by reference, having been
approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized to execute the Agreement,
together with Easements in the form attached to the Agreement, and the City Clerk is
directed to affix the seal of the City thereto and attest same.
INTRODUCED December 27, 2011
BY: Leroy Garcia
COUNCIL PERSON
PASSED AND APPROVED: January 9, 2012
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # R-5
DATE:
December 27, 2011
DEPARTMENT:
Dept. of Planning and Community Development
Jerry M. Pacheco, Director
Law Department
Thomas J. Florczak, City Attorney
TITLE
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO
AND THE CITY OF COLORADO SPRINGS, AND AUTHORIZING THE PRESIDENT
OF THE CITY COUNCIL TO EXECUTE SAME
ISSUE
Should the City of Pueblo grant to Colorado Springs permanent and temporary
easements across Pueblo's Honor Farm Park Property for Colorado Springs’ water
pipeline (“SDS”)?
RECOMMENDATION
Approval of the Ordinance.
BACKGROUND
Under the March 1, 2004 Intergovernmental Agreement (“IGA”) between the City,
Colorado Springs and the Board of Water Works which concerned several water
matters, the City is required to not unreasonably withhold agreement for rights of way
across City property necessary for the SDS pipeline, subject to payment of
compensation by Colorado Springs and requirements so as not to interfere with use of
the property. In order for Colorado Springs to be able to construct the pipeline, it
requires a permanent easement for the pipeline, as well as temporary construction
easements and access ways. This Agreement sets forth terms for the granting of the
easements including the following provisions: (a) payment by Colorado Springs of
$198,900 to Pueblo, (b) compliance with easement terms, (c) requirements for dust
control, revegetation and bonding, (d) enforcement provisions, (e) designation of routes
for construction traffic, (f) steel encasement of the pipeline at the location of future Joe
Martinez Boulevard. These conditions are considered necessary to protect Pueblo’s
interests and will not interfere with Colorado Springs' project.
Approval of the Agreement is consistent with obligations under the March 1, 2004 IGA
between Pueblo, Colorado Springs and the Board of Water Works, and provides fair
and just compensation to the City.
FINANCIAL IMPACT
Pueblo will receive compensation of $198,900 which will be credited to the Honor Farm
Enterprise.
ORIGINAL
Rev. 12 -14 -2011
AGREEMENT BETWEEN THE CITY OF PUEBLO
AND THE CITY OF COLORADO SPRINGS
THIS AGREEMENT ( "Agreement ") is entered into as of the 9th day of January, 2012,
by and between the CITY OF PUEBLO, a Municipal Corporation, a Colorado home rule city
( "Pueblo "), and the CITY OF COLORADO SPRINGS, a Colorado home rule city and municipal
corporation, for the use and benefit of Colorado Springs Utilities, an Enterprise of•the City of
Colorado Springs, ( "Utilities "). Collectively, Pueblo and Utilities may be referred to herein as
the "Parties," or each individually as a "Party."
RECITALS
A. Pueblo is the Owner of certain real property located within Pueblo County known
as the Honor Farm Park and Open Space Property which will hereinafter be referred to as the
"Park Property ";
B. The Park Property is subject to a conservation easement ( "Conservation
Easement "), a true copy of which is attached hereto as Exhibit "A ";
C. Pueblo has leases and management agreements with third parties ( "Tenants ") for
the use of various portions of the Park Property.
D. Utilities desires to construct an underground pipeline for the Southern Delivery
System Project ( "SDS ") through the Park Property;
E. Subject to the conditions set forth herein, Pueblo is willing to grant to Utilities a
temporary construction easement and a permanent easement for the SDS Pipeline;
F. This Agreement is necessary to set forth the understanding of the Parties and their
respective rights and obligations with respect to the matters set forth herein.
NOW, THEREFORE, in consideration of the foregoing recitals and the terms, conditions
and covenants set forth herein, the Parties agree as follows:
SDS Agreement dated 1 -9 -12 (12 -27 -11 Agenda) Page 1 of 7
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Rev. 12 -14 -2011
ARTICLE I. COLORADO SPRINGS UTILITIES' OBLIGATIONS
1. Within ten (10) days of the date of this Agreement, Utilities shall pay to Pueblo
the sum of U.S. $198,900.00 in certified funds as full compensation for a pipeline easement as
defined, described and limited in the form attached hereto as Exhibit "B ", and a temporary
construction easement as defined, described and limited in the form attached hereto as Exhibit
"C ", and reasonable use of future public roads as may be constructed by Pueblo across the Park
Property for access to the aforesaid pipeline easement, and including any and all impact fees,
damages and other charges initially owing to Pueblo for the easements and services provided by
Pueblo under this Agreement. The amount of compensation specified herein does not include
payment of costs and damages incurred by Pueblo as a result of any failure of Utilities to comply
with this Agreement or the terms and conditions of Exhibits "B ", and "C. The rights granted
under the pipeline easement and temporary construction easement shall be subordinate to all
reservation and restrictions of record upon the Park Property, including but not limited to the
Conservation Easement.
2. Utilities agrees to fully comply with (a) the specific requirements of easements
and rights of access as set forth in Exhibits "B ", and "C", and (b) the terms and conditions of the
Pueblo County 1041 Permit for the SDS Project, including any amendments thereto, affecting
the Park Property or Pueblo's specific interests, which are approved by Pueblo, in Pueblo's sole
and absolute discretion. Utilities further agrees to coordinate its activities pursuant to the
easements with Pueblo in order to minimize any interference with the rights of Pueblo's Tenants.
3. (a) Utilities agrees to faithfully and diligently perform the dust control,
revegetation, and remediation described in this Agreement, Exhibits "B ", and "C" and the Pueblo
County 1041 Permit in a timely manner, including the furnishing of a surety bond naming Pueblo
as obligee, or as an additional obligee on a surety bond upon which Pueblo County is a named
SDS Agreement dated 1 -9 -12 (12 -27 -11 Agenda) Page 2 of 7
Rev. 12 -14 -2011
obligee, in a sum equal to $2,000 per acre of disturbed area prior to commencement of work. In
the event of any conflict or perceived conflict among those instruments, the most restrictive and
environmentally protective requirement shall apply. In the event that Pueblo determines, at any
time, that Utilities or its contractors or agents has failed to comply with such requirements,
Pueblo may give Utilities written notice of such non - compliance and Utilities shall have thirty
(30) days from service of such notice to correct such non - compliance; provided however, that in
the event the written notice states that non - compliance presents an imminent hazard to public
health or safety or to Pueblo's property, Utilities shall immediately commence correcting the
non - compliance and become fully compliant within ten (10) days.
(b) In the event Utilities disputes or disagrees with Pueblo's determination of
non - compliance, it shall, within five (5) days of service of the notice, submit to Pueblo's City
Manager or his designee a written statement indicating the nature of the dispute or disagreement
and a statement of all known facts and evidence upon which Utilities relies in support of its
position, including the name and address of all persons with knowledge of such facts and a
written summary of each such person's knowledge. Pueblo's City Manager or his designee may
thereupon inquire of such persons, if any, and perform such investigation as he determines is
appropriate, in his sole and absolute discretion, and make a written determination thereon
deciding the dispute or disagreement which determination will be final and binding upon the
Parties, subject only to judicial review under C.R.C.P. 106(a)(4). Utilities shall thereafter have
thirty (30) days from date of service of the written decision to correct such non - compliance;
provided that, in the event the non - compliance constitutes an imminent hazard to public health or
safety or to City's Property, Utilities shall immediately commence correction and become fully
compliant within ten (10) days.
SDS Agreement dated 1 -9 -12 (12 -27 -11 Agenda) Page 3 of 7
at
Rev. 12 -14 -2011
(c) In the event Utilities fails to correct any non - compliance within the period
provided in Section 3(a) or 3(b) of this Agreement, as applicable, Pueblo may correct the non-
compliance and Utilities shall be liable to Pueblo for the full cost thereof, plus administrative
expenses equal to 10% of such cost.
ARTICLE II. EASEMENTS AND ACCESS
1. Access to Easements. Access to the pipeline easement and temporary
construction easement shall be over Pueblo County roads or the property of third - parties with
whom Utilities has made arrangements for access, and not across the Park Property or other
lands of Pueblo.
2. Form of Easements. Pueblo will grant to Utilities a pipeline easement and an
additional temporary construction easement as specifically set forth in the attached Exhibits "B"
and "C ".
III. GENERAL PROVISIONS.
A. Notices. All notices, requests, consents, claims, demands, waivers and other
communications hereunder shall be in writing and shall be deemed to have been given and
served: (a) on the day when delivered by hand, or (b) on the day when received by the addressee
if sent by a nationally recognized overnight courier (receipt requested). Such communications
must be sent to the respective parties at the following addresses.
To City of Pueblo: City Manager
City of Pueblo
200 S. Main Street
Pueblo, CO 81003
with a copy to:
City Attorney
503 N. Main Street, Suite 203
Pueblo, CO 81003
SDS Agreement dated 1 -9 -12 (12 -27 -11 Agenda) Page 4 of 7
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Rev. 12 -14 -2011
To Utilities: Chief Executive Officer
Colorado Springs Utilities
Plaza of the Rockies, South Tower
P.O. Box 1103
Colorado Springs, CO 80947
Physical Address:
121 S. Tejon Street, 5 Floor
Colorado Springs, CO 80903
B. Headings for Convenience Only. Paragraph headings and titles contained in this
Agreement are intended for convenience and reference only and are not intended to define, limit
or describe the scope or intent of any provision of this Agreement.
C. Amendment. This Agreement may be modified, amended or changed in whole
or in part only by an agreement in writing duly authorized and executed by Utilities and Pueblo
with the same formality as this Agreement.
D. Non- Severability. Each section and paragraph of this Agreement is intertwined
with the others and is not severable unless by mutual consent of Utilities and Pueblo.
E. Effect of Invalidity. If any portion of this Agreement is held invalid or
unenforceable for any reason by a court of competent jurisdiction as to either party or as to both
parties, the parties agree to use their best efforts to reform as soon as possible any such invalidity
and achieve a valid agreement that accomplishes the purposes of this Agreement as originally set
forth.
F. Governing Law. This Agreement and its application shall be construed in
accordance with the laws of the State of Colorado. In the event any action is commenced to
enforce any provision of this Agreement or for recovery of damages arising from its breach,
venue shall be in a court of competent jurisdiction located in Pueblo County, Colorado.
00000541.007 - final city of Pueblo agreement Page 5 of 7
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Rev. 12 -14 -2011
G. Multiple Originals. This Agreement may be simultaneously executed in any
number of counterparts, each of which shall be deemed original but all of which constitute one
and the same Agreement.
H. Intent of Agreement. This Agreement is intended to describe the rights and
responsibilities of and between Utilities and Pueblo and is not intended to, and shall not be
deemed to, confer rights upon any persons or entities not signatories hereto; nor to limit, impair
or enlarge in any way the powers, regulatory authority and responsibilities of Utilities or Pueblo,
or any other governmental entity not a party hereto. The terms, conditions and requirements set
forth in this Agreement shall survive the execution and delivery of all Easements (including but
not limited to Exhibits `B" and "C" hereto) and shall not be deemed merged therein.
I. Non - Business Days. If the date for any action under the Agreement falls on a
Saturday, Sunday or a day that is a "holiday" as such term is defined in C.R.C.P. 6, then the
relevant date shall be extended automatically until the next business day.
J. Non- Assignability. Neither Utilities nor Pueblo may assign its rights or delegate
its duties under the Agreement without the prior written consent of the other party, except that
either party may assign and delegate to a separate enterprise formed by that party's governing
Board or Council, which enterpr_ise__is wholly owned by. _ that party. However, it is understood
that Utilities may seek to require other entities in El Paso County, with which it develops water
supply agreements, to contribute to its obligations hereunder.
K. Successors and Assigns. This Agreement and the rights and obligations created
hereby shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and assigns in the event assignment is allowed.
DATED and effective January 9, 2012.
SDS Agreement dated 1 -9 -12 (12 -27 -11 Agenda) Page 6 of 7
Rev. 12 -14 -2011
The City of Colorado Springs, Colorado, a CITY OF PUEBLO
Home rule city and Colorado municipal
Corporation, on behalf of its enterprise
Colorado Springs Utilities
By / f► B. /�
Chris K. au •
President of the City Council
Name: &ads/ a.. 1 rOrv` 4 z.o. o„ ti
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Title: L gel U "PX ..C‘1445 Ce4 e.c
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City f s erk Iti ^, ��,.,
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Approved as to form: City Attorneys Office " ''!!"s • / I
Utilities Division A ; ,f
APPROVED AS TO FORM:
By
AIN
City Attorney IF
Name: Rick L. Griffith
Title: Assistant City Attorney, Utilities Division
00000718.000 Page 7of 7
EXHIBIT
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1390842 07/02/2001 01 :33P EASE Chris C. Munoz
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ED OF CONSERVATION EASEMENT
HONOR FARM OPEN SPACE & PARK PARCELS
CITY OF PUEBLO
THIS DEED OF CONSERVATION EASEMENT is granted on this 2 R day of
e- , 2001 by the CITY OF PUEBLO, a municipal corporation, existing under the laws
of the State of Colorado, having an address at 1 City Hall Place, Pueblo, CO 81003 ("Grantor ") to the
STATE OF COLORADO, acting by and through the Department of Natural Resources, for the use and
benefit of the Colorado Division of Parks and Outdoor Recreation, having a mailing address of 1313
Sherman Street, Room 618, Denver, CO 80203 ("Grantee "), for the purpose of forever conserving the
open space, park and recreation character of the subject property.
RECITALS:
i" A. Grantor is the sole owner in fee simple of certain real property in Pueblo County, Colorado
' consisting of 2,353 acres of land described in Exhibit A attached hereto and incorporated herein by this
reference (the "Property").
B. The Property presently contains substantially undeveloped natural areas and as such
possesses natural, wildlife habitat, scenic, open space, and park values ( "Conservation Values ") that are
important to the Grantor, the people of the City of Pueblo, and the State of Colorado, and are worthy of
preservation. The City of Pueblo leased the property from June 26, 1974 until the Property was acquired
from the State of Colorado. In addition the State of Colorado has previously granted easements for roads,
overhead utility lines and a power transmission station on the property that have visually impacted the
general conservation values of the site.
C. The Property is centrally located between the City of Pueblo and the Pueblo West
Metropolitan District and will provide an open space buffer and future park site that will meet recreation
needs of the City of Pueblo. This Property, in combination with the 1,900 acres to the south owned by
the State of Colorado creates a 4,253 acre open space buffer between the City of Pueblo and the Pueblo
West Metropolitan District. The Property contains a relatively undisturbed short grass prairie habitat,
arroyos, public recreation, and a generally undisturbed buffer to Lake Pueblo State Park.
D. The specific Conservation, Open Space, Park and Recreation Values and other
characteristics of the Property are documented in an inventory of relevant features of the Property, dated
June 29, 2001, entitled "Conservation Easement Baseline Inventory: Honor Farm Open Space & Park
Parcels" and incorporated by this reference ( "Baseline Documentation Report "), which consists of
reports, maps, photographs, and other documentation. Both Grantor and Grantee acknowledge the
Baseline Documentation Report to be complete and accurate as of the date of this Deed. A copy of the
Baseline Documentation Report is on file with both the Grantor and Grantee. The Baseline
Documentation is intended to serve as an objective information baseline for monitoring compliance with
the terms of this easement.
E. Grantor intends that the Conservation, Open Space, Park and Recreation Values of the
Property be preserved and maintained by the continuation of land use patterns, including, without
limitation, those relating to park and open space areas, and both indoor and outdoor public recreation
facilities.
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F. Grantee is qualified to hold conservation easements pursuant to Section 38- 30.5 - 104(2),
C.R.S., and as certified by a motion of its Board, at its May 25, 2001, meeting, accepts the responsibility
of enforcing the terms of this Easement and upholding its conservation purposes forever.
, G. Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to
preserve ani pr-otectin_ per -petuity- the Conservation,- Open -Spaee and- RecreatiorrVaiues of the
i Property for the benefit of this generation and generations to come.
------ - - - - --
f NOW, THEREFORE, in consideration of the above and of good and valuable consideration, the
x receipt and sufficiency of which is hereby acknowledged, and the mutual covenants, terms, conditions,
and restrictions contained herein, and pursuant to the laws of the State of Colorado, and in particular
C.R.S. §§ 38- 30.5 -101, et. seq., Grantor hereby voluntarily grants, bargains, sells, and QUITCLAIMS to
. CM Case,nrnt - perpetuwty - over - the Property of the nature and character and to the
extent hereinafter set forth ( "Easement ").
1. Purpose.
a
i! It is the purpose of this Easement to assure that the Property will be maintained forever in an
open space and /or park condition and to prevent any use of the Property that will significantly impair or
interfere with the Open Space, Park and Recreation Values of the Property. Grantor intends this
a Easement will confine the uSe of the Property to such activities, including without limitation, those
It involving open space, parks, public recreation and indoor and outdoor public recreation facilities and
i t buildings, continuance of the historical operations of the Pueblo Motorsports, Inc. area, the extension of
1 roadways between Pueblo West and the City of Pueblo, and the extension of roadways that provide
access to recreation facilities and parking areas subject to the uses of the Property permitted
hereunder.
1
2. Rights Conveyed.
1 To accomplish the purpose of this Easement the following rights are conveyed to Grantee:
i
a) To preserve and protect the Conservation, Open Space, Park and Recreation Values of the
Property;
_. b) To enter upon the Property at reasonable times in order to monitor Grantor's compliance
with and otherwise enforce the terms of this Easement; provided that such entry shall be
I.
upon prior reasonable notice to Grantor, and Grantee shall not unreasonably interfere with
li Grantor's use and quiet enjoyment of the Property; and
t
c) To prevent any activity on or use of the Property that is inconsistent with the purpose of this
il Easement and to require the restoration of such areas or features of the Property that may be
I, damaged by any inconsistent activity or use.
Consistent Uses.
II
I The following uses and practices by Grantor, though not an exhaustive recital, are consistent
with the Easement, so long as (1) notice is given pursuant to Paragraphs 6 and 21 below, if appropriate,
1
k
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and (ii) all such uses and practices are carried out in a manner consistent with the Management Plan, as
periodically amended, as defined below:
a) Recreation Uses, Members of the general public may utilize the Property for any and all types of
indoor and outdoor recreational uses deemed appropriate by Grantor, including but not limited
to, hiking, bicycling on existing trails and roads, nature studies, picnicking, model airplane
activities and motorized uses on designated courses, roadways and trails. To facilitate these
uses, Grantor may use, build, develop, construct, maintain, replace, and repair the following:
1. Golf Courses.
2. Landscaped Turfgrass Areas,
3. Lakes & Ponds,
4. Regional Sports Complexes,
5. Campgrounds,
6. Picnic Areas,
7. Swimming Facilities/Water Parks.
8. Recreation Cpiiter ?acilitles,
9. Outdoor Amphitheaters,
10. Outdoor Courts.
11. Wheel Parks. Non - motorized uses including, but not limited to, skateboards, inline skates,
and blcycles.
12. Residential Caretaker Housing,
13. Parking Areas,
14. The Pueblo Motorsports Park, Grantor may continue the historical uses, events, and
activities of the Pueblo Motorsports Park, Inc. which is currently located on the Property.
The Pueblo Motorsports Park, Inc. facilities presently encompass approximately 800 acres
of the Property and are used for the purpose of recreational motorsports activities.
b) Recreation Access Roads, Grantor may construct such roads as may be necessary or desirable to
gain access to public recreation facilities. The exact location of said roadways shall be selected
by Grantor, at which time Grantor must provide Grantee with an exact legal description of such
roadways. The general locations of future public roads are depicted in the Management Plan.
c) Main Arterial Roads,. To construct a maximum of two roads as may be necessary or desirable to
gain access from Pueblo West Metropolitan District to Pueblo Boulevard under the terms and
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conditions contained herein. The exact location of said roadways shall be selected by Grantor, at
which time Grantor must provide Grantee with an exact legal description of such roadways. The
general locations of the future roads connecting the Pueblo West area to Pueblo Boulevard are
depicted in the Management Plan.
d) Trails, Members of the general public may utilize trails on the Property for recreation uses
deemed appropriate by Grantor.
e) $ign4ge.- Signs- may be ereeted -by Grantor on the Property -to identify- the Property to the general
public and notify the public of rules, regulations, and where specific uses are allowed on the
Property.
f) Fencing. Existing fences may be repaired, replaced or removed, and new fences may be built on
the Property for public safety, property boundary marking, recreation facility improvements, and
natural resource protection purposes.
g) Underground Utilities. To construct and maintain underground utilities within and across the
Property deemed appropriate by Grantor including but not limited to water, sanitary sewer, storm
— water,-electrical, -cable television and communication lines. The area disturbed by the installation
of the utility shall be restored and revegetated to a condition that is reasonably comparable to the
previous condition of the Property.
h) Public Use Public use and access to the Property shall be Limited and subject to rules and
regulations adopted by Grantor.
i) Exis jng Easements, Any use or activity permitted or authorized pursuant to easements and
rights -of -way existing or granted prior to the date of this Easement are and will continue to be
permitted uses and activities.
3. Prohibited Uses.
Any activity on or use of the Property inconsistent with the purpose of this Easement is
prohibited. Without limiting the generality of the foregoing, the following activities and uses area
expressly prohibited:
a) Construction of Buildings and Other Structures. The construction of any building or other
structure is prohibited, except for those structures described in paragraph 3 above.
b) Removal of Vegetation. It is the intent of this Easement that the vegetation within the open
space/natural areas on the Property remains in a substantially natural condition. However, trees
and shrubs may be cut to control insects and disease, to control invasive non - native species, to
promote habitat and tree and shrub growth, and to prevent personal injury and property damage.
In addition, vegetation may be removed within areas developed for public recreation facilities
and roads as described in paragraph 3 above.
c) Noxious Weeds, The infestation of noxious weeds on the Property is prohibited. For the
purposes of this Easement noxious weeds are defined as those weeds designated pursuant to
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Section 35 -5.5 -107 (4)(b), C.R.S. 1390542 07/02/2001 01133P EASE Chris C. Munon
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d) $ • rage of Trash or Other Materials. The dumping or uncontained accumulation of any kind of
trash or refuse on the Property, in addition to the trash and refuse identified in the Baseline
Inventory Report, is prohibited, not including those trash bins associated with areas developed for
public recreation facilities as described in paragraph 3 above.
e) Mining. The mining or extracting of soil, sand, gravel, rock, oil, natural gas, coal, fuel or any
other mineral substance is prohibited.
f) Roads, Paving, Except for those roads allowed pursuant to Paragraph 3 above, no new roads
shall be constructed on the Property.
g)__CommercW _Uses, CommereiaL uses -shall not be allowed-on-the-Property-except-those-uses-that
are provided as a service to the public recreation facilities, events, and activities described in
paragraph 3 above. Commercial uses such as concession stands, pro shops, and gift shops
associated with developed recreation facilities described in paragraph 3 above are allowed.
Commercial uses such as hotels and lodging facilities, convenience stores, retail and grocery
stores, hospitals and care centers shall not be allowed on the Property.
h) Residentialpeve)opment, Residential housing units, townhomes, apartments, or other private or
public housing developments, except for caretaker and dormitory facilities described in paragraph
3 above, are prohibited.
i) Above Ground Utility Easements, Above ground public or private utilities including but not
limited to electrical transmission lines, antennas, radio and television telecommunication towers
shall not be allowed on the Property, except existing and future improvements allowed within pre-
existing utility easements, and utility boxes and equipment cabinets, no greater than four feet in
height and 36 square feet of gross floor area, deemed appropriate by Grantor that servo or benefit
park and recreation facilities.
j) Public Motorized Use. Motorized use by the public on the Property, except on designated roads
and trails, is prohibited. This clause does not limit the right of Grantor and the Grantee to use
motorized vehicles on the Property for management and emergency purposes.
k) Other Motorized Use. Within the limits of the Grantor's authority, Grantor shall not authorize
motorized access by adjacent private property owners across the Property to access their
properties.
5. Land Management Plan.
The property shall be operated and managed in accordance with a land management plan prepared
by Grantor (the "Management Plan "), which shall conform to the provisions of this Easement. The
parties hereto acknowledge that by mutual agreement a Management Plan titled "Honor Farm Open Space
and Park Parcels Management Plan", will be completed and approved by the City of Pueblo City Council
on or before October 1, 2001. The Management Plan shall be updated no less frequently than every five
years. Grantor shall notify Grantee prior to undertaking any amendments, revisions, or updates to the
Management Plan. Grantor shall provide Granted with copies of any proposed changes to •
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the Management Plan. Grantor shall also provide Grantee a final draft version of any proposed changes
to the Management Plan prior to formal adoption by Grantor. The purpose of such notifications is to
afford Grantee the opportunity to ensure the proposed changes to the Management Plan conform with the
provisions of this Easement. Grantee shall provide written comments to Grantor within thirty (30) days
after it has reviewed the proposed changes to the Management Plan. These comments should reflect
Grantee's opinion as to the conformity of the proposed changes to the provisions of this Easement.
Grantee's failure to provide written comments to Grantor within thirty (30) days after receipt of any
proposed change to the Management Plan shall constitute Grantee's acceptance and consent thereto.
6. Notice of Intention to Undertake Certain Permitted Actions.
Grantor shall notify Grantee prior to undertaking construction on the Property of any roads,
buildings, or other facilities. The purpose of requiring Grantor to notify Grantee prior to undertaking •
construction activities is to afford Grantee an opportunity to review so that the activities in question are
design d :ajid earried.out in a manner consistent with the purpose:of this Jaseinent AVhdtieVer is
regpJt'ed,; rantor ahall notify Grantee in writing not less than :aixty( .Q)'sd :prter..(oihe.Aate G.rAntor
ji) .04. 10 undertake.ilie activity in question. The notice shall :deagribe, lie iiatiire,:deaigu ,:location,
timetable, and any other material aspect of the proposed activity in stiff[alent• grantee to
make an informed judgment as to its consistency with the purpose of this Easement. Grantee's failure to
provide written comments to Grantor within thirty (30) days after receipt of any proposed construction
on the Property shall constitute Grantee's acceptance and consent thereto.
7. Responsibilities of Grantor and Grantee Not Affected.
Other than as specified herein, this Easement is not intended to impose any legal or other
responsibility on Grantee, or in rn yway.to;affect any oxisfing:obligation of Grantor as owner of the
Property. Among other things, Q cantor Shall continue:W` tsold1y responsible for the upkeep and
maintenance of Property, to the extent it .may : bp.required: by lave. Grantee shall have no obligation for
the upkeep or maintenance of the Property.
8. Enforcement.
Grantee shall have the right to prevent and correct or require correction of violations of the terms
and purposes of this Easement. With reasonable advanc8 nolfico. tv ($rantorr. 0rartfeo m y:enter the
Property for the purpose of inspecting for violations .If Qrai teo.finds wlratit:believes :is;a violation,
Grantee shall immediately notify Grantor in writing of tl eatature of tlio:ahegc4 ipintioii: Upon receipt
of this written notice, Grantor shall either (a) restore tits I?rol erty to its:coridititin •prlbr 6 tho violation or
(b) provide a written explanation to Grantee of the reason why the alleged violation should be permitted.
If the condition described in clause (b) above occurs, both parties agree to meet as soon as possible to
resolve this difference. When, in Grantee's opinion, an ongoing or imminent violation could irreversibly
diminish or impair the Conservation Values of the Property, Grantee may, at its discretion, take
°appropriate:iegal action;. Giintorshall discoiitinue:any activity which could increase or expand the
allegodiiolaiion cluringlile•lnformal process. Should informal discussions fail to resolve the
:disptite its:discretion, take : approprlate legal action. If a court with jurisdiction
#etermines lrata::violatian which. could itreversibly diminish or impair the Conservation Values of the
Property is imminent, exists, or has occurred, Grantee may get an injunction to stop it, temporarily or
permanently. A court may also issue an injunction to require Grantor to restore the Property to its
condition prior to any such violation.
Page 6 of 13
1 111111 IIIII 111111 11111 111 IIIIIII 111111 111 11111 1111 Illi
9. Grantee's Discretion 1390542 0742/2001 01 :33P EASE Chris C. Munoz
7 of 18 R 90.00 D 0.00 Pueblo CLy Clerk & Roo
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 Basement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or
of any subsequent breach of the same or any other term of this Easement or of any of Grantee's rights
under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any
breach by Grantor shall impair such right or remedy or be construed as a waiver.
10. Waiver of Certain Defenses.
Grantor hereby waives any defense of lathes, estoppel, or prescription provided any action to
enforce a violation of this Easement must be brought within six (6) years from the date of such violation.
11. Acts Beyond Grantor's Control.
Nothing contained in this Easement shall be construed to entitle Grantee to bring any action
against Grantor for any injury to or change in the Conservation Values of the Property resulting from
causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth movement,
vandalism, acts of God or from any prudent action taken by Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to the Property or the public resulting from such causes.
12. Costs and Liabilities.
As to Grantee, Grantor retains all responsibilities and shall bear all costs and liabilities of any
kind related to the ownership, operation, upkeep, and maintenance of the Property, including the
maintenance of adequate comprehensive general IiabilIty insurance coverage, and the cost of controlling
noxious weeds. Grantor shall keep the Property free of any liens arising out of any work performed for,
materials furnished to, or obligations incurred by Grantor.
13. Taxes.
Grantor shall pay before delinquency any and all real property taxes, assessments, fees, and
charges of whatever description lawfully levied on or assessed against the Property by competent
authority (collectively "taxes "), including any such taxes imposed upon or incurred as a result of, this
Easement, and shall furnish Grantee with satisfactory evidence of payment upon request.
14. Hold Harmless.
To the extent autliorized by law, Grantor shall hold harmless, indemnify, and defend Grantee and
its members, directors, officers, employees, agents, and contractors and the heirs, personal
representatives, successors, and assigns of each of them (collectively "Indemnified Parties ") from and
against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or
judgments, including, without limitation, reasonable attorney's fees, arising from or in any way
connected with: (1) injury to or the death of any person, or physical damage to any property, resulting
from any act, omisslon, condition, or other matter related to or occurring on or about the Property,
regardless of cause, unless due to the negligence of any of the Indemnified Parties; and (2) the presence
or release of hazardous or toxic substances on, under or about the Property occurring on or after the date
Page 7 of 13
11111111111111111111111111 IIIII 1 111111 111 1111111111111
1390342 07/02/2001 01:33P EASE Chris C. Munoz:
6 of 18 R 90.00 0 0.00 Pueblo CLy Clerk & Ree
of this Easement. For the purpose of this paragraph, hazardous or toxic substances shall mean any
hazardous or toxic substance which is regulated under any federal, state or local law.
15. Reconfiguration of Easement.
Portions of the Property may be deleted from this Easement at the request of the Grantor
provided that property equal or greater in monetary value than said deleted property subject to this
Easement is simultaneously brought into and burdened by this Easement as replacement for the deleted
property. Such replacement property must be located within the NW% SECTION 15 -T20S =R65W west
of Pueblo Boulevard; SE' /. SECTION 17- T20S -R65W; SECTION 20 -T20S -R6SW; W'/z/NW'/,
SECTION 21 -T20S -R65W. The areas of Grantor's property that may deleted from the Easement subject
to the above provisions, along with the private lands that must be incorporated into the Easement as
replacement, are depicted in Exhibit B, Reconfiguration Map. Any reconfiguration of the Easement shall
require the filing of an amended Deed of Conservation Easement in the Office of the Clerk and Recorder
of Pueblo County. Such amendment shall be done in conformance with the requirements of paragraph
23 J. below.
16. Change in Circumstances.
The fact that any use of the Property that is expressly prohibited by this Easement, or any other
use as determined to be inconsistent with the purpose of this Easement, may become greatly more
economically valuable than permitted uses, or that neighboring properties may in the future be put
entirely to uses that are not permitted hereunder, has been considered by Grantor in granting this
Easement. It is Grantor' belief that any such changes will increase the benefit to the pubilo of the
continuation of this Easement, and it is the intent of both Grantor and Grantee that any such changes
should not be assumed to be circumstances justifying the extinguishment or termination of this
Easement.
17. Division of Proceeds Between the Grantor and Grantee.
The rights of Grantee created by this Easement constitute a real property interest vested in
Grantee. In the event of condemnation of the Property or extinguishment of the Easement, the values of
Grantee's and Grantor's Interests in the Property shall be computed as follows:
a) If all or any portion of the Property is being sought by an entity that has the power of
condemnation, the fair market value of the Property unencumbered by this Easement minus any
increase in value after the date of this Easement attributable to improvements shall be
determined by the court in the condemnation proceeding, or by the agreement of Grantor,
Grantee, and the condemning entity.
b) If all or any portion of the Easement is being extinguished, the fair market value of the Property
unencumbered by this Easement minus any increase in value after the date of this Easement
attributable to improvements shall be determined by the agreement of Grantor and Grantee, but if
the parties cannot agree, by an appraisal completed by a mutually acceptable licensed appraiser.
c) Once the fair market value of the Property as if unencumbered by this Basement has been
established pursuant to the above, the value of Grantor's and Grantee's respective interests in the
Property shal1be a percent of the fair market value of the Property as if unencumbered by this
Easement as follows:
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111111 fell 111111 11111 111 1111111 111111 111 11111 1111 1111
1390942 07/02/2001 01 :33P EASE Chris C. Munoz
9 of 18 R 90.00 D 0.00 Pueblo Cty Clerk & Rs*
j) Grantor's interest shall be thirty percent (30 %), minus an increase in value after the
date of this Easement attributable to improvements.
ii) Grantee's interest shall be seventy percent (70 %).
18. Condemnation. lithe Property is taken, in whole or in part, by exercise of the power of eminent
domain, or if the Easement is extinguished or terminated and the Property is subsequently sold or
exchanged, Grantee shall be entitled to compensation for the value of their respective interests, in
accordance with applicable law, as determined pursuant to paragraph 17 above.
19. Assignment.
This Easement is transferable, but Grantee may assign its rights and obligations under this
Easement only to an organization that is authorized to acquire and hold conservation easements under
Colorado law. As a condition of such transfer, the deed or any other legal instrument by which Grantee
transfers its rights and obligations herein shall require that the conservation purposes that this Easement
is intended to advaneo continue to be carried out. In no event shall this requirement be interpreted to
obligate Grantee to guarantee or assure that the transferee meet Grantee's obligations as stated in this
Easement. Any transfer allowed herein shall release Grantee from all liability pursuant to this Easement
arising after such transfer.
20. Subsequent Transfers
Grantor agrees to incorporate the terms of this Easement in any deed or other legal instrument by
which they divest themselves of any interest in all or a portion of the Property, including, without
limitation, a leasehold interest, Grantor further agrees to give written notice to Grantee of the transfer of
any interest at least sixty (60) days prior to the date of such transfer. The failure of Grantor to perform
any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability
in any way.
In the event the Property is transferred to an entity or person whose property is not exempt from
taxation, the transferee as subsequent owner shall pay before delinquency all taxes, assessments, fees,
and charges of whatever description levied on or assessed against the Property by competent authority
(collectively "taxes "), including any taxes imposed upon, or incurred as a result of, this Easement, and
shall furnish Grantee with satisfactory evidence of payment upon request.
21. Notices.
Any notice, demand, request, consent, approval, or communication that either party desires or is
required to give to the other shall be in writing and either served personally of sent by first class mail,
postage prepaid, addressed as follows:
To the Grantor
City of Pueblo Planning & Development Department
211 East D Street
Pueblo, CO 81003
Page 9 of 13
City Manager 1 1111111111111111111111 MUM 111111111 111111 III 11 I
1 City Hall Place
1390542 07/02/2001 01133P EASE Chris C. Nunez
Pueblo, CO 81003 10 of 18 R 90.00 D 0.00 Pueblo Cty Clerk & Ree
To the Grantee:
Colorado Division of Parks and Outdoor Recreation
1313 Sherman Street, Room 618
Denver, CO 80203
Attn: Real Estate Section
Lake Pueblo State Park
640 Pueblo Reservoir Road
Pueblo, CO 81005
Attn: Park Manager
or to such address as either party from time to time shall designate by written notice to the other.
22. Recordation.
Grantor shall record this instrument in timely fashion in the official records of Pueblo County,
and Grantee may re- record it at any time as may be required to preserve its rights in this Easement.
23. General Provisions.
A. Controlling Law.
The interpretation and performance of this Easement shall be governed by the laws of the State
of Colorado.
B. Liberal Construction.
Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally
construed in favor of the grant to effect the purpose of this Easement and the policy and purpose of
C.R.S. §§ 38- 30.5 -101. Et seq. If any provision in this instrument is found to be ambiguous, an
interpretation consistent with the purpose of this Easement that would render the provision valid shall be
favored over any interpretation that would render it invalid.
C. Severability.
If any provision of this Easement, or the application thereof to any person or circumstance, is
found to be invalid, the remainder of the provisions of this Easement, or the application of such provision .
to persons or circumstances other than those as to which it is found to be invalid, as the case may be,
shall not be affected thereby.
Page 10 of 13
•
I 111111 11111 111111 11111111 111111111111
D. Entire Agreement 1390542 07/02/2001 01;33P EASE Chris C. Munoz
11 of 18 R 90.00 D 0.00 Pueblo Cty Clerk & Rea
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 Basement, all
of which are merged herein.
B. No Forfeiture.
Nothing contained herein will result in a forfeiture or reversion of Grantor's title _ in any respect.
F. Successors.
The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and
inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors,
and assigns and shall continue as a servitude running in perpetuity with the Property.
O. Termination of Rights and Obligations
A party's rights and obligations under this Easement terminate upon transfer of the party's
Interest in the Easement or Property, except that liability for acts or omissions occurring prior to transfer
shall survive transfer.
H. Captions.
The captions in this instrument have been inserted solely for convenience of reference and are
not a part of this instrument and shall have no effect upon construction or interpretation.
1. Amendment.
If the circumstances arise under which an amendment to or modification of this instrument
would be appropriate, Grantor and Grantee are free to jointly amend this instrument; provided that no
amendment shall be allowed that will affect the qualifications of this instrument under any applicable
laws. Any amendment must be consistent with the conservation purposes of this instrument and may not:
affect its perpetual duration. Any amendment must be in writing, signed by both parties, and recorded in
the records of the Pueblo County Clerk & Recorder.
J. Termination of the Division of Parks and Outdoor Recreation.
In the event the Colorado Division of Parks and Outdoor Recreation is terminated or merged into
another entity, the rights and obligations of the Colorado Division of Parks and Outdoor Recreation
hereunder shall be assigned to and assumed by such other entity as provided by law, but in the absence of
such direction, by the Colorado Department of Natural Resources or its successor.
Page 11 of 13
1111111 1111111111111111 111 MIMI 1011111 1111111111111
K. Governmental Immunity. 1390E42 07/02/2001 01 s 33P EASE Chris C. Hume
12 of 18 R 90.00 D 0.00 Pueblo Cty Clerk & Rea
Grantor and Grantee do does not intend to waive by any provision of this Easement the monetary
limitation or any other rights, immunities or protections provided by the Colorado Governmental
Immunity Act, Section 24 -10 -101, et seq„ C.R.S., as amended or any other law, either statutory or
common law.
L. Venue.
Pueblo, County, Colorado shall be the only appropriate venue for any action or dispute arising
form this Easement.
N. Third Parties.
This Easement does not, and shall not be deemed to confer upon any third party any right to
claim damages or to bring suit, or other proceeding against either party because of any term contained
herein.
24. Acceptance.
Grantee hereby accepts without reservation the rights and responsibilities conveyed by this Deed
of Conservation Easement.
TO HAVE AND TO HOLD, this Deed of Conservation Easement unto Grantee, its successors
and assigns, forever.
IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have set
their hands on the date first written above.
f ; °Ii '; rile, ° * ent of the Council
4iif APPROVED AS TO FORM: i 1 ' q .'�t. ` .
y1 �;:� ' -� —.._ _ r - i I ,
-:.. ' :;I� i Cleric
hti' .'4`.;.„ :`;e.. tat
Page 12 of 13
STATE OF COLORADO ) 1111111 111111111111111 111 IIIIII1 111111 111 111111 111 1111
1380'342 7/02/2001 01:33P EASE Chrla C. Munos
County of Pueblo ) 13 of' 18 R 90.00 D 0.00 Pueblo Ct.y Clark & Roo
The foregoing instrument was acknowledged before me this a ' 1day of
• ` w o..: 2001, by A ( u.ru.d p
:'•; .: �3�itmisslai� expires . N:a h
P_ Z. ,. ao' 3 Witness my hand and official seal.
•
vat "!.........
ACCEPTED:
STATE OF COLORADO
COLORADO DIVISION OF PARKS AND
OUTDOOR RECREATION
Tom Kenyon, Acting D .or
STATE OF COLORADO )
County of Pueblo )
The foregoing instrument was acknowled ed before me this 9 day of
314 Kt , 2001, by Tovel k'oh. Ack& j �� # O✓
My commission expires my l;nmrnin.4inn Atom, Ma roh i , 2003. Witness my hand and official seal.
otA Q<
¢.. Nbtfry` :its is
" 08140 4 4
///!/j11ll11111! •
Page 13 of 13
t
1111011111111111111111111111111 11111 III
1111
1380342 07/02/2001 01 :33P EASE Chr1s C. 1 1 111 ��
14 of 18 R 80.00 D 0,00 Pueblo C!y Clerk 8 Aea
gm-11 BIT A
LEGAL DESCRIPTION:
A TRACT OF LAND LOCATED IN SECTION 16, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE
6TH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OP COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 16; THENCE S89 °41'01 "W
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16, A DISTANCE
01'400.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION:
1. THENCE S89 °41'01 "W CONTINUING ALONG SAID SOUTH LING OF THE SOUTHBAST
QUARTER, A DISTANCE OF 2236.23 FEET TO THE SOUTH QUARTER. CORNER OF SAID
SECTION -1 - 6;
2, THENCE 389 °41'03 "W ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 16, A DISTANCE OF 2635.71 FEET TO THB SOUTHWBSTCORNER OF
SAID SECTION 16;
3, THENCE NO 1 °22' 16"W ALONG THB WEST LING OF THB SOUTHWEST QUARTER OF
SAID SECTION 16, A DISTANCE OF 2636.63 FEET TO THE WEST QUARTER CORNER
OF SAID SECTION 16;
4. THENCE N89°45'3113 ALONG THB BAST -WEST CENTERLINE CIP SAID SECTION 16, A
DISTANCE OF 1973,66 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE EAST I/2 OF
THE NORTHWEST QUARTER OF SAID SECTION 16;
5. THENCE 1401 °23'24 "W ALONG SAID WEST LINE, A DISTANCE OF 2652.24 FEET TO
THE NORTH LINE OF SAID SECTION 16;
6. THENCE S89 °57' 17 "B ALONG SAID NORTH L1NB, A DISTANCE 01 PEET TO THE
NORTHWEST CORNER OF A TRACT OF LAND AS RECORDED 1141300K 1501 AT PAGE
57 OF THE RECORDS OF SAID PUEBLO COUNTY;
THE FOLLOWING TWO (2) COURSES FOLLOW THE WESTERLY AND SOUTHERLY
BOUNDARY OF SAID TRACT RECORDED IN BOOK 1501 AT PAGE 57;
7. THENCE S00 °02'43 "W A DISTANCE OF 50.00 FEAT;
8. THENCE S89 °51' 17 "E A DISTANCE OF 229.83 FEET TO A POINT ON THB SOUTHERLY
LINE OF PARCEL NO, 239 RECORDED IN BOOK 1853 AT PAGE 624 OF THE RECORDS
OF SAID PUEBLO COUNTY;
THE FOLLOWING FIVE (5) COURSES FOLLOW SAID SOUTHERLY LINE OF PARCEL NO. 239
RECORDED 114 BOOK 1853 AT PAGE 624:
9. THENCE S71 °15'05 "E A DISTANCE OF 230.71 FEET;
10, THENCE S71 °44'35'13 A DISTANCE OF 869.20 FEET TO A NON - TANGENT CURVE TO
THE LEFT;
11, THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF
11634.20 PEET, A DELTA ANGLE 01 AN ARC LENGTH OP 891.62 FBBT,
WHOSE LONG CHORD BEARS S77 °44'05 "E A DISTANCE OF 891.40 FEET;
12. THENCE S81 °07'05 "B A DISTANCE OF 722.00 FEET;
13. THENCE S61 °42'05 "B A DISTANCE OF 386.20 FEET TO THE EAST LINE 01 THE
NORTHEAST QUARTER OF SAID SECTION 16;
14. THENCE S01 °35'42 "B ALONG SAID EAST LINE, A DISTANCE OF 867.26 FEET TO THE
MOST NORTHERLY POINT OF PARCEL NO. 39 RECORDED 114 BOOK 1853 AT PAGE 624
OF THB RECORDS OF SAID PUEBLO COUNTY; •
THE FOLLOWING THREE (3) COURSES FOLLOW THB WESTERLY LINE OF SAID
PARCEL NO. 39 RECORDED 114 BOOK 1853 AT PAGE 624:
15. THENCE S 16 °24'33 "W A DISTANCE OF 358.50 FRET;
16. THENCE S09 °48'33 "W A DISTANCE OF 1138.60 FEET;
•
•
1 11111 IIIII 111III 11111111 IIIIIII III II III HIJH 111 IIII
1390542 07/02/2001 01133P EASE Christ C. Nuns
' 18 of 18 R 90.00 0 0.00 Puebla Cty Clerk & Rao
17. THENCE S00 °01 '03 "W A DISTANCE OF 2055.36 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION.
THB ABOVE TRACT OF LAND CONTAINS 461.53 ACRES, MORE OR. LESS.
AND: •
THE SW 1/4 OF SECTION 17, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO.
AND:
THE S 1/2 OF SECTION 18, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 TH PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO.
AND:
THE N.1/2; THEN 1/2 OF THE SW 114; THE N 1a0 SE1f4 ANUTHBSST/4 0E 1/4,
ALL IN SECTION 19, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 TH PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO.
AND:
THE NW 1 /4; THE N 1/2 OF THE NE 1/4; THE SE 1/4 OF THE NE 1/4; THE B I/2 OF THE SE 1/4;
AND THE SW 1/4 OF THB SE 1/4, ALL IN SECTION 20, TOWNSHIP 20 SOUTH, RANGE 65 WBST
OF THE 6 PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO.
AND:
THE NW 1/4; THE SW 1/4 OP THE NE 1/4; THE B 1/2 OF THE SW 1/4; THE SW 1/4 OF THE SE 1/4,
ALL IN SECTION 21, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6" PRINCIPAL
MBRIDXAN, COUNTY OF PUEBLO, STATE OF COLORADO, ALONG WITH A TRACT OF LAND
LOCATED IN THE SE 1/4 OF THE SE 1/4 OF SAID SECTION 21, MORE PARTICULARLY •
• DESCRIBED AS FOLLOWS:
COMMENCING AT THB SOUTHEAST CORNER OF SAID SECTION 21; THENCE 889°18'06"W
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 21, A DISTANCE
OF 400.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION:
1. THENCE S89 °18'06"W CONTINUING ALONG THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 21, A DISTANCE OF 915.83 FEET TO THE SOUTHWEST
CORNER OF THE SE 1/4 OF THE SE 1/4 OF SAID SECTION 21;
2. THENCE N00 °34'49 "W ALONG THE WEST LINE OF SAID SE 1/4 OF THE SE 1/4, A
DISTANCE OF 1319.07 FEET TO THE NORTHWEST CORNER OF SAID SE 1/4 OF THE
SE 1 /4;
3, THENCE N89 °21'02 "E ALONG THE NORTH LINE OF SAID SE 1/4 OF THB SE 1/4, A
DISTANCE OF 966.33 FEET TO THE NORTHWEST CORNER OF PARCEL NO. 35
RECORDED IN BOOK 1853 AT PAGE 624 OF THE RECORDS OF SAID PUEBLO
COUNTY;
4. THENCE S01 °36'49 "W ALONG THE WEST LINE OF SAID PARCEL NO. 35 RECORDED
IN BOOK 1853 AT PAGE 624, A DISTANCE OF 1319.32 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION,
THB ABOVE DESCRIBED PARCEL CONTAINS 28.49 ACRES, MORE OR LESS.
AND:
A TRACT OF LAND LOCATED 114 THE N 1/2 OF SECTION 28, TOWNSHIP 20 SOUTH, RANGE 65
WEST OF THE 6 T •PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO,
MORS PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28; THENCE S89° 18'06 "W
ALONG THE NORTH LING OF THE NORTHEAST QUARTER OF SAID SECTION 28, A DISTANCE
OF 400.00 FEET TO A POINT ON THE WEST LINE OF PARCEL NO, 35 RECORDED IN BOOK 1853
•
AT PAOB 624 OP THB RECORDS OF SAID PUEBLO COUNTY, SAID POINT BEING THB TRUE
POINT OF BEGINNING OF THIS DESCRIPTION:
•
1. THENCE S03 °46'4313 ALONG THB WEST LINE OF SAID PARCEL NO. 35 AS RECORDED
1N BOOK 1853 AT PAGE 624, A DISTANCE OF 1741.94 FEET TO THE NORTHERLY
RIGHT -OF -WAY LINE OF THE RELOCATED DENVER. AND RIO GRANDE WESTERN
RAILROAD CO. AS RECORDED IN BOOK 2121 AT PAOB 698 OF THB RECORDS OF
SAID PUEBLO COUNTY, SAID POINT BEING ON A NON - TANGENT CURVE TO THB
LEFT;
THE FOLLOWING SDC (6) COURSES FOLLOW SAID NORTHERLY RIGHT -OF -WAY LING OF
THE RIO GRANDE WESTERN RAILROAD CO. AS RECORDED IN BOOK 2121 AT PAGE 698:
2. THENCE ALONG THE ARC OF SAID CURVE TO THB LEFT WITH A RADIUS OF 3364.17
FEET, A DELTA ANGLE OF 42 °27'56", AN ARC LENGTH OF 2493,40 FEET, WHOSE
LONG CHORD BEARS 889 °32' 10 "W A DISTANCE OF 2436.72 FEET;
3. THENCE S67 °48'08 "W A DISTANCE ON 517.08 FEET TO A NON - TANGENT CURVE TO
THE LEFT;
4. THENCE ALONG THB ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 3399.17
FEET, A DELTA ANGLE OF 11 °08'42 ", AN ARC LENGTH OF 661.20 FBBT, WHOSE LONG
CHORD BEARS S53 °58'57 "W A DISTANCE OF 660.16 FEET;
5. THENCE 847 °40'58 "W A DISTANCE OF 102.87 FEET;
6. THENCE S46 °48'23 "W A DISTANCE OF 100.97 FEET;
7. THENCE S46 °38'57 "W A DISTANCE OF 89.75 FEET;
8. THENCE N01 °14'08 "W A DISTANCE OF 2498.28 FEET TO THE NORTH LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 28;
9. THENCE N89° 18'40 "B ALONG THB NORTH LING OF THB NORTHWEST QUARTER OF
SAID SECTION 28, A DISTANCE OF 1371.97 FEET TO THE NORTH QUARTER CORNER
OF SAID SECTION 28; •
10. THENCE N89° 18'06 "B ALONG THE NORTH LINE OF THB NORTHEAST QUARTER OF
• SAID SECTION 28, A DISTANCE OF 2231.66 FEET TO THE TRUE POINT OF BEGINNING
OF THIS DESCRIPTION.
THB ABOVE DESCRIBED TRACT OF LAND CONTAINS 145.29 ACRES, MORE OR. LESS.
BASIS OF BEARINGS FOR TI•IBSE DESCRIPTIONS IS THE WEST LING OF THE NORTHWEST
QUARTER. OF SECTION 28, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE of P.M., WHICH IS
ASSUMED TO BEAR N01 ° 14'08 "W, FROM THB WEST QUARTER CORNER OF SAID SECTION 28
(A 3 1/4" BLM BRASS CAP), TO THE NORTHWEST CORNER OF SAID SECTION 28 (A 3 1/4" BLM
BRASS CAP).
THE FOREGOING DESCRIPTION WAS PREPARED BY:
RAYMOND JOSEPH PECHBK PLS 24964
FOR AND ON BEHALF OF URS
9960 FEDERAL DRIVE, SUITE 300
COLORADO SPRINGS, COLORADO 80921
(719) 531.0001
JUNG 18, 2001
1111111111111111111111111111111111111111111011111 11
1380542 07/02/2003 01133P EASE Chris C.
16 of 18 R 90.00 D 0.00 Pueblo Clay Clerk & Reo
t ,
•
Exhibit B
-• Reconfiguration Map
City of Pueblo State Honor Farm Property
•
i 4 -4,A., 444.kt.
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taaya947 a.,w .•. ; j' raoatri
"'� City from State By
I ' ` 'F ` "- - I - y by State Parks�
• °'°°' °° Private Land Private Land identified for
^' •j future acquisition by City
Reception 1896813
01/20/2012
Final 11 -2 -11
EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT Pueblo, a Municipal Corporation (hereinafter called "CITY "), for and in consideration of the
sum of TEN AND NO /100 - - - - -- Dollars ($ 10.00 ) in hand paid, the receipt of which is hereby
acknowledged, does hereby grant unto City of Colorado Springs, a Colorado home rule city, for the use and
benefit of Colorado Springs Utilities, an enterprise of the City of Colorado Springs, its successors and
assigns (hereinafter called "GRANTEE "), subject to the terms and conditions set forth herein, a 100 -foot
wide non - exclusive easement solely for the purposes of laying, constructing, maintaining, operating,
patrolling, repairing, replacing and removing a single underground pipeline with fittings, tie - overs, cathodic
protection equipment, fiber optic control cable needed exclusively for operation of the Pipeline, and all
appliances appurtenant thereto (collectively, the "Pipeline ") for the transportation of raw water, along such
alignment as is approved by CITY across CITY'S property situated in the County of Pueblo , State of
Colorado, described as follows:
As described in Exhibits "IA through 1D, inclusive" attached hereto, which are incorporated herein
by reference (the "Easement Property"), and which are depicted on Drawings included in said
Exhibits "1A through 1D, inclusive ".
CITY, its successors, heirs or assigns, reserves all oil, gas and minerals on and under said Easement
Property and the right to farm, graze, grant leases over, authorize use by public, and otherwise fully use and
enjoy said lands, and further reserves the right to use the surface of the Easement Property for open space,
public trails, roads, and other purposes not inconsistent with the easement granted; provided, however, that
GRANTEE shall have the right hereafter to cut and keep clear all trees, brush and other obstructions that
may injure, endanger or interfere with the construction and use of said Pipeline. Subject to the terms and
conditions set forth herein, GRANTEE shall have all privileges reasonably necessary for the use of the
rights herein granted.
The easement granted herein shall be subject to all of the following terms and conditions:
1. (a) GRANTEE shall observe and follow the requirements of all applicable statutes,
ordinances, regulations, licenses, permits, agreements (including the Agreement between City and Grantee
dated January 9, 2012), or covenants, including without limitation, any requirement to call the "One -Call"
system prior to the construction or excavation in or upon the Easement Property.
(b) Between location 3231471.50536 1596001.87879 and location 3231693.77442
1596094.80649, for the full length of the Pipeline between said locations, the Pipeline shall be enclosed in a
steel jacket to protect the Pipeline during. construction and use of a future roadway (now referred to as Joe
Martinez Boulevard).
(c) Grantee shall install a 4" diameter conduit for CITY's exclusive use for
communication purposes parallel with and adjacent to the Pipeline enclosed in a steeljacket in the location
described in 1(b) above.
2. Upon completion of the installation of the Pipeline, GRANTEE, shall properly backfill,
grade, re -seed and restore the surface of the ground over said Easement Property and any other portion of
the CITY's property disturbed by GRANTEE during the construction and installation of the Pipeline to
00000356.003 I ) ,°
FNTC
1896813 Page 2 of 16
01/20/2012 01:38:56 PM
Final 11 - 2 - 11
the condition which it was in immediately preceding the construction and installation to the extent
reasonably possible. GRANTEE shall not alter the grade of the Easement Property, except if approved in
writing by CITY, which approval may be granted, withheld or conditioned in CITY'S sole and absolute
discretion. Further, GRANTEE shall repair any damage to pasture, fences and other improvements, and
pay for any damage to livestock resulting from laying, constructing, maintaining, operation, repairing,
replacing or removing the Pipeline. In the event of disturbance of any wetlands, GRANTEE shall obtain all
required permits and shall restore such wetlands as required by the terms of said permits and law.
3. All wire and chain -link fences that must be cut in order to accomplish any of the purposes
herein above granted to GRANTEE shall be repaired and "H" braced on each side of the area covered by
this grant and the wire secured so that when the fence is cut, the remainder of the fence shall not go slack
or be slackened and after said installation or repair, said fence shall be replaced in as good as condition as
said fences were before cutting. For all other fences that must be cut, GRANTEE shall install durable
matching gates as reasonably required by CITY.
4. In consideration for the grant of this Easement, GRANTEE further agrees to assume full
liability and responsibility for all injuries and property damage occurring after the date hereof to CITY, its
agents, employees, invitees, contractors, successors and assignees, arising from the construction or use of the
Pipeline and use of said easement for the purposes aforesaid. To the extent permitted by law, GRANTEE
agrees to hold harmless, indemnify and defend CITY from all liability and expense on account of any and all
claims, expenses,' liabilities, damages to property or injury to or death of persons, or actions arising from or out
of the construction, reconstruction, installation, operation, maintenance, repair, alteration, rehabilitation,
removal, or replacement of the Pipeline by GRANTEE or its employees, agents or contractors. In connection
with the performance of any such work within the Easement Property as described above, GRANTEE shall
exercise due care to protect CJTY's facilities in or adjacent to the easement from damage; and GRANTEE
shall' be liable to CITY for all losses and damages sustained by CITY arising from the performance of any of
said work.
5. GRANTEE acknowledges and agrees that in no event will it locate, erect or cause to be
located or erected any building, mobile trailer unit, or other structures upon the Easement Property except
for temporary structures utilized during the Pipeline construction. CITY shall, in addition all other rights
available to it under law or equity, have the right to remove any such building or structure at GRANTEE's
expense.
6. CITY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE AND WARRANTIES AS
TO FITNESS OR USE OF THE EASEMENT PROPERTY. THE RIGHTS GRANTED HEREIN IN THE
EASEMENT PROPERTY ARE CONVEYED "AS IS ", WITH ALL FAULTS AND SUBJECT TO
EXISTING PHYSICAL, ENVIRONMENTAL AND OTHER CONDITIONS.
7. If at any time, the CITY, or any enterprise of CITY, elects to, or requires a property owner
to, alter, widen, repair, realign, abandon, improve, vacate, reroute or change the grade of any street or
sidewalk or to replace, repair, install, maintain, or otherwise alter any above ground or underground cable,
wire, conduit, pipe, line, pole, structure, or other facility utilized for the provision of utility or other services
or transportation of drainage, sewage or other liquids or gases, or if CITY undertakes the construction of any
public project upon its property, including the Easement Property, or property it holds in trust, the
GRANTEE shall, at its sole expense, remove or relocate its pipeline from or within the Easement Property so
as not to interfere with such changes or alteration in the street, sidewalk, facility, structure, or so as not to
interfere with construction of said public project. Reasonable advance written notice shall be mailed to the
GRANTEE advising the GRANTEE of the date or dates removal or relocation is to be undertaken. This
section will not require relocation of pipe, fittings and appurtenances whose uppermost surface is buried
00000356.003
1896813 Page 3 of 16
01/2012012 01:38:56 PM
Final 11 - 2 - 11
within the Easement Property deeper than forty-eight (48) inches below the surface of the ground.
8. In case GRANTEE abandons, ceases to use for a period of three (3) years or permanently
removes the pipeline, this easement and all rights, privileges and interests granted herein shall terminate. In
the event of any material breach of this Easement Agreement by GRANTEE, CITY shall have the right to
terminate GRANTEE's rights hereunder upon thirty (30) days advance written notice.
c': •.. c PUEBLO, a Municipal Corporation
,1
A FEkT�+` ' f % .t�+ ' �� ofe_a9Ar. . -. �
f i
,�: ± ' • ` resident o he Ci Council
ti . , r
_, {fiiti
City' ericzz -. f.-,- {, ,i,'
,e.w ::', --,• 1. J
ACCEPTANCE
The easement and all rights and privileges granted by the foregoing Easement Agreement are hereby
accepted in accordance with and subject to the terms of the foregoing Easement Agreement. The person
executing this instrument on behalf of GRANTEE represents that he or she has full authority on behalf of
GRANTEE to execute this Easement Agreement and bind the GRANTEE to its terms.
GRANTEE:
The City of Colorado Springs, Colorado a home
rule city and Colorado municipal corporation, on
behalf of its enterprise, Colorado Springs
Utilities
1/ .4. 1....
By
Name Aii MYNA
Title ( .L4 c3,I�4'�/\ 3016tI4 UA
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
T e foregoing instrument was acknowledged bef r e me in Pueblo County, Colorado this .Qd
day of 3Art t A-R' , 20 1 z. by `(,t -te, tic. tAu P74A ..I as President of the City Council and
byfjisc Du'?f.tt -- as City Clerk of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
My commission expires: - q -- I Li `14 .
NOTARY PUBLIC Notary Public Livoa5g4
STATE OF C'":.:QPADO
00000356.003
1896813 Page 4 of 16
01120/2012 01:38:56 PM
Final 11 -2 -11
COUNTY OF /� Qa6O )
) ss.
STATE OF C )01,00k) )
The foregoing ACCEPTANCE was acknowledged befo me in Q(,ry�
%
this ?A re day of att.nwU.� , 2012 by NArti M M. &iStrOrn as elf%e�-' 1iu}c,r
$trA ri 0C'irtx of the City of Colorado Springs, a Colorado municipal corporation.
Witness my hand and official seal.
My commission expires: Co l Its 2013
[SEAL] NA0441
CLARAWCERO Notary Public
NOTARY PUBUC, STATE OF COLORADO
MY COMMISSION EXPIRES 0•12.2013
00000356.003
1896813 Page 6 of 16
01/2012012 01:38:56 PM
•
PARCEL DESIGNATION: 1 500000002 1 DATE: I November 2.2011
O I E' : at of Pueblo Owner currant es of ale of• -., o : • ,, reon
BXHIBII ' A
J.EG6L DE.CJRIPTION
An easement situated In the Southeast of theSoutheast Quarter of Section 19, Township 20
South, Rarige 85 West of the Sbdh Pdndpal Meridian; Pueblo County, Colorado, more particularly
described as follows:
COMMENCING at the Southeast Comer of sald'Seotton 19 from which a NGS point PID JK1355 a 3 "•
brass disk set In conorete, stamped °Pueblo QRt, 978 ", bears North 73 East a distance of
38,023.51 feet;
Thence North 89 West a distance of 176.85 fasten the south Une of the Southeast Quarter of the
Southeast Quarter of said Section 19 to the POINT OF BEGINNING;
Thence continue North 89°35'54" West a.dIOtan g 44 148.93 feet on said south line;
Thence North 48"12'35" East a distance of 90.01 feet;
Thence North 0 X3'05 West a distance 01 1,271.37 teat to the north line of the Southeast Quarter of the
Southeast Quarter of said Section 19;
Thence North 89°59'03" East adlstari :eof'100.03 Net on said north tine to the west line of a 107 foot
wide permanent easement as recorded in B0 at Rage 447 of the records of said county;
Thence South 0°23'05" East a distance of 1,315.89 feet.on said west line;
Thence South 481215" West a cfstancs of2¢.12 feet to the POINT OF BEGINNING.
Said easement contains 136,183 square feet Or 0:103.acres more or less.
EXHIBIT 1A SKETCH Is attached hereto and is tidy Intended to depict EXHIBIT to - LEGAL
DESCRIPTION. In the event that the EXHBIT LA -LEGAL DESCRIPTION contains an ambiguity,
EXHIBIT 1A SKETCH maybe used to sotve:aelcfa bigulty.
• DO v..;
i •1 -
88166
A i c teiV.
Prepared for and on behalf of Colorado Springs Utilities by: Thomas W. Shaughnessy, LS. 38188, of
CR Ti IG EN, LLC, 2 North Cascade Avenue', &1te•400, •Cototado Springs, Colorado, 80903
5000000O2 . E ikcioq
. .
1896813 Page 7 of 16
01/20/2012 01:38:56 PM
•
DATE 2 E 1A SKETCH
DRAWN BY: L STUDER EASEMENT
CHECKED BY: B HANSON • PARCEL 000Q00002 CITY OF
SECTION 19. CO SPRINGS
APPROVED BY: T SHAUGHNESSY T208, RoW, em p,M,
PUEBLO COUNTY, COLORADO
DRAWING: 60000Q002
•
•
•
-my OF
PUEB
•
2� ,
a tientrOrB .
1211.37' 1DOA9'
$40.12 'IY
28.12' — —
80 ‘23•05 1318.10'
•
•
k ‘' NAKAPW
X0 19 ow
SOUTHEAST CORNER, SECTION 19, 117` PERMANENT EASEMENT
Teo, RBOW 9.1/2 BRASS CAP BOOK 19T4 1
PA.C. STAMPED :BEM 1904
4
i BOdJA570R$I rigr
•
• 0DO .
/•
38166
NOTE;
1. Bearings *r on a line from N08 Btation'Pueblo 01:11. 979' (PID JK18818,
'c m o r e PDJt�N96 m o n u m e � d i a m e t e r roddBe OS
I N i oo 0 90 400
?Ad tins p waas p assumed to bear North 1S aanb 1
Pa coUnfy Surveyor A 10, 20041st � m Nun tad the
90011 WALE: 1•ti4Oa SHEET 1 OF 1
•
w r MGM HILL )1LL and b notfo be used state or or other paw Ore warm au ��o f H of prof assbnal eeMea. k tho MP*
1896813 Page 8 of 16
01/20/2012 01 :38:56 PM
PARCEL DESIGNATION: 1500000023 1 DATE: 1 November 2, 2011
OWNER: 1 City of Pueblo (owner current as of the date of oerttttoatton hereon)
EXHIBIT la
• 1.86 01. DESCRIPTION
An easement situated in the NorthwesTQ arter of Section 20, Township 20 South, Range 65 West of the
Sixth Prindpal Merktian, Pueblo•Q,ounty, Colorado, more particularly described as follows:
COMMENCING at the West Quartdr Caimer of add Section 20 from which a NG$ point PID JK1355, a 6R
bras disk set In concrete, stamped "Pueblo CBL 973 ", bears North 77 East a distance of
3 77,589 . 11 feet
Thence North 0 West a distanoe of-7'86.62 feet on the west line of the Northwest Quarter of said
Section 20 to the south Jine of (hilt parosl otland described under Reception Number 1498049 of the
records of Said oounty;
Thence North 89°33'61" East a•dt Lance of 213,26 feet on said'south line to the POINT OF BEGINNING;
Thence North 0°48 West a distarlOO of 689495 feet;
Thenoe•North 45°33'42' East a•distanoe of 448.65feet to the southerly.fne of•a 60 toot wide permanent
easement for the Fountain Valley Conduit asreborded in Book 1982 at Page 22 of the records of said
county;
Thence North 6360'63" East a dstanoe of 77.49 feet on veld southerly Iine to the eastttne of said parcel;
Thence South 1 0 20'33" East addend) 01 feet on •sald east line;
Thence South 63°30'53" West a distance of 14.75feet;
Thence South 46°33'42" West a distance of 390.06 feet;
Thence South 0%8'23' East adlstanoe of 627.74 feet tathe south line of Bald parcel;
Thence South 89'63'51" West arlstance of 100.02 }aeon said south line to the.POINT OF BEGINNING.
Sald:easement contains 101,455 square feet or2.329 awes more.orless.
EXHIBIT 19 SKETCH Is attached hereto and I of y Irttondod to depiot EXHIBIT 19 - LEGAL
DESCRIPTION. lathe event that the EXHIBI'T B - LEGAL DES contains an ambiguity,
EXHIBIT 19 SKETCH may be used to solve said ambiguity. •
•
• ' • 38166. 4
Prepared for and on behalf Af•Colorado•Springs Utilities by: Thomas W. Shaughnessy, L.S. 38186, of
CRITIGEN, LLC, 2 North Cascade Avenue, Suite 480, Colorado Springs, Colorado, 80903
600000023E EXltidoc
1896813 Page 9 of 16
01/20/2012 01:38:56 PM y
DATE: 2- NOV:2O11 EXHIBIT 1B SKETCH
DRAWN BY: L STUDER mop. Fi01Ep0o23 CITY OF
CHECKEDSY: aHANSON SEC110N20 COLORADO SPRINGS
APPROVED BY: T SHAUGHNESSY 120S, ROM Oita P.M.
PUEBLO COUNTY, COLORADO
O.R■W►■G: '500000028, E XC.DON
1 - ' `
I I \ a
l 1 1
11 1 1
1 11
1
11 1 1 \ 1
I 1
t r
(SWOP PUEBLO ■ 1 \
1 1 ✓1500000024 1 1 \\
N 1 1 , 1 CITY OF
1 \1111 iffl000000n
1 ■ \ 1
1 %
Iii 1 N 89�8w61 . 54 % lace 1 �
�.t 1 _..s o a ._J �
1 P.0.0. a. a — —
140‘45‘23'71 1 1
t k its
II 20
1u P.a6. — r.... ....,r M - ._ 1 ■ ' 1145�°I�
j it se
''DO� � ._ .- 7 . — -, ., • , % \1
■
111 80•4161.313 . \
I ii 827.1'4' Bd 6! •4S A► .� N\ \ tiersA'
1. i 1t
1!
1 II 61'20:"4 "R ,1 1 1 1
1 II EMOTION 20. TOO$. NNW 110:49'
II 1
11 0 NELSON mg* +�1 4 1 ,
1 •
i 1 � �
■ ■
� 1! 9o
1 rout1TAUVVAuz CONDUIT 1 •1
111 HOOK1982, PAGE 22• \
111 \\ 1 1
1 11
111 CItY OP•PVEBLO• 1 1 1 1
1 #800000025 1 1
11 t 1
1 11 1t1\
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. /o :•� . h,
38166
1l0T3: • ' . %% --4, ► - r
1. See/Inge are (lased on a Ondle m NOS Sidon TAM CBL -978" (Pin JIO SSM,
�`'�AL L RtaD �
moniunonte by a 3" biees.c k pet In 1.6' dlamotsr oohaoiePad to NOS Station
''Clsvef99P�Plb .E136,3), mpnumantedby a slall)se steel rocl Ord In g000r6te.
saki Una wag gseumed to bee Nor h 13'8$'20'' Yet. to $ control °• 600 760 1000
Z prepared by Nidthsia Michael CensuNng Engineers' . eel the rgereedeenenoleetEMI
a
rty yoronAugrat10, 2004at 'Mather
110. OF 1
8CALM 1" 0 600'
o H HILL a not to be u w ob document
ep Zar p 91e 1 g ignaltillOn O CH M �oFp lonel ofllvbc h Ole property
1896813 Page 10 of 16
01/20/2012 01:38:56 PM
PARCEL DESIGNATION: 150900024 1 DATE: 1 November 2, 2011
OWNER: City 01 Pueblo. (O4moraurrent as of the -date of cor00o0ton hereon)
• EXHIBIT IC
&gaAL DESCRIPTION •
An easement situated In the East.Half of Section 19, Township 20 South, Range 6S•West of•the Seth
Principal Meridian, Pueblo•Cbuttty, Oflorado, More particulady'descxlbed as follows:
COMMENCING at the^East Quarter Qorner M• said Section 19 from which a NGS point 1ID JK1855; a 3 •
brass disc set In concrete stemped'"Pueblo C8L973 °, bears North 77°60'12° East a distance of
3.7,389.11 feet;
Thence North 0°22'62' Weat1i 917.48 feet on the east line of the Northeast quarter of said
• Section 1910 the POINT Or 'BBQI G;
Thence Sou 1158°34'47° West'B *MO of 197.92 feet to the wrest line of a 100foot•wide permanent
easement as reodrded In SOO 1994 at Rowe of the records of said county;
Thence South 0°4826 East •a distance of 1,312 :60 feet on said west line to the south line of. the Npdh
Half of the Southeast Quarter of 3aIA 6ecEon 19;
Thence South 89°89•0$° Waste distance of 100.03 feet on said south fine;
thence North 0 Watt adisttt1tce 011,365.88 feel;
Thence North 56'034'47' east•a.d>stanoe of 317.68 feet to said east line;
Thence South 0°22'52° East a distance-of 119.32 feat on said east Tine to the POINT OP BEGINNING.
Said easement contains 169,735 square feet or9.667 acres more or Less.
b(HIBIT 10 SKETOH Is attached hereto and is only intended to depict EXHIBIT 10 , LEGAL
DESCRIPTION. In the event thatthe EXHIBIT 1C - LEGAL •DESCRIPTION contains ambiguity,
EXHIBIT 10 SKETCH •naybe•used to soI,e aald.ambigulty.
VH 4.''''',0 4 ?,
�
F ,. ..... a ?
3&38166 _
; ids..
Prepared for and on behalt of Colorado Sprlrtgs UUUlies hy:7ttomas W. Shaughnessy, L.S. 38166, of
CRITIQEN, LLC, 2 N orth �C a Avenu Suite 460, Colorado Sprs, Colorado, 80903
scoso00248 EX1G.doo
1896813 Page 11 of 16
• 01/20/2012 01:38:56 PM
DATE: 2-NOV 2011 EXHIBIT 'IC SKETCH
DRAWN BY: L STUDER PARCEL 1500808024 CITY OF
CHFQKEDSY: BHANSON SECTION 49 COLORADO SPRINGS
APPROVED BY: T BHAUGHNE88Y RINK 67N P.M.
PUEBLO OUNTY,COLORADO •
DRAWING: 800000024 EXC.DGN •
11 - - _ i ..
rl - • II \ 1
11 11 1 t •
11 11 ■ it
11 11 \ %
11 II \ \
11 11 \ \
11 11 A.
11 11 �1 11 II \
• 11 11 \ \
11 11 , 1
\
1 ----- : ------ ij — \ ■
v .%
1t $800000024 11 E LEOTRIOLINE / 1 . EXI 8 TING
t
I2O1 1 I . \\ ` \ -
F . �� \ \
\ \ 99 840 It • \ \
100438' 11 11 \
etl PUEBLO 2 u 1 Ns 1 7"8 \1 \\
1001 PERMANENT EASEMENT _IJ`. _. '? �►... "....:.+� 4 I — I,� ► \
8001(1084, PAOE888 11 n \• \
n n -, •
i i •888'x'47.1! 1 i1I \,..\_804.-
F.52k �11 - 187. I 1 19. k 1 P.O.O. • 111 • Nsens "W
1 1 111 87.48'
1 .1 111
9 1 1 11
80NA000RM TRUST 9 1 111
118110000008 l 1 111
I I 114
11• III
91 i 11 EAST OUARMFICORNt6t,
1 1 111 BEOrlON 19.1208
•
1 1 919 1- 'U2"A1.UM OAP'
1 1 ( 111 a NELSON RE0071 •
1 1 i n MY OF PUEBLO
- i III • 0800000026
1t .111
1 1 111
I 1 1 111
1 1 111
10 L/04. • I .
• * 38166
NOTE : ;A_
1. Bowlegs re base4e One Iran NO8 81 11 "Pnebt4 061..813" 04D 801305). —Z•- — . "A 1AO
monumonteiby dI k aat M St
diameter oondre(a'tad to NOS Edon •
' (PtD JK1888) monwmented a Malnielis a Set In calo<oto.
said One was assumed to bow Nett 18•33r- 39 1 at a control 7 1
prvared by 204000110. � trh do Michael Consulting 20044 A Sw s � h the y
0 t1oh SCALE 1 q , , SHEET 1 O� 1
s r ILL a riot to b S a e or o wdOem mMOr Hof no NUA. �t orptolastloaal owl" a the properq►
1896813 Page 12 of 16
01/20/2012 01:38:55 PM
•
,,PARCEL DESIGNATION: j 600000025 1 DATE; 1 November 2, 2011
_OWNER: 1 CRY 01 M r e p l o Omar cured ae ollho date oT certtncatton herew O
EXHIBIT 1 D •
LEGAL DESORIPTIOI4
s.
An easement situated.in the North Half of Seotton 20, Township 20 South, Range .65 West of the Sixth
Pcindpal Meddlan, Pueblo Cavity, Colorado, mord pa tieularly desbt'ibed follow :
CQMMENOING *Oho West Quarter Comer of sald'Seclion 20 from whtoh a NGS point PID JK1355, a 3"
brandish set In conorete, stain "Pueblo CBL 978, bears North 77 East a distance of
7`.he►ioe North legs 6g" West:a tat 8.7.48-feet ort ibe weat:Iine.y['the Northwest Quarter of said
Section 20.to the•POIIVT•OP SEQINNINQ;
Theifce.contlnue •North - 0°22'62" Wed a distance of 1 t9,Q2 feet .oneald west lino;
Thence Norih58c34'47" East a dstanosof267.07 feet;
Thence North 0 West a distance of 488.29 feet to:the south Drib Of that parcel of land described
under Reception Number 14980494 the records ofeald.tlot ty;
Thence North swamis East a distance of 100.02 feet on eald south ilne;
Thence South O946'23;" East•a distance of 493.41 feet7•
Thenpa South 58 °34'47" West a distance of 877 .73ffet.WthePQ1NTDF8gGINNING;
Together vi wlth•the:f0lowing:
BEGINNING at Nbrth Quarter Oomec 01 said Section 2O.frarti Which a.NGS,polnt •PID JK1355, a ii"
'Wks dlshieot Ui concrete, stamped °PuebIo CBL 973 ", beetra:Nt t1h et' East e.dletanoe 0
34;79,78 feet •
Thence SoUth.88145'85" East a•dstance 80.75 feet en the north Jiifd:of -the Northeast Quarterof•said
• 6ebtlen 20;
Thence South•0°41'18" East* distance of 87.04 feet;
Thence South 83°30'59" West a distance of 185,83 (001;
Thence North 71 0 27'54" Waste-distance of 70.70 feet;
Thettoe Sosrth 3°30'53" West a distiinoe of 2,035.12 feet to the•.east•1lneot that parcel of land described
under fetIofr Number 1498049 Of the records ofsa1d'county;
Thence North 1 West a distance of '110.49 feet to'the souihe11yiine of a 80 fool wide permanent
easement:for the.' Fountain Valley Conduit as recorded !ri Book 1.982 At• Page 22 bf the records of said
county; ,.
Thence North 83 East a distance:of 2,029,82 feet said southerly line;
ti )17
i 38166
,,,,
1896813 Page 13 of 16
01/2012012 01:38:56 PM
Thence South 71 42764" East a distance of 70.70 feet;
Thenaa North 63 °30'6$" East a distance of 85.63 feet;
Thence North 0 a distance of 25.94.feet to the north In of the Northwest Quarter of said
Section 20;
'thence $ouch 89 a distance of 19.28 feel on said north Iine to the PONT OF SEGINUING.
$alof'•easement contains:308 square feet or 7.076•aor$ more or lase.
EXHfsIT 11? SNEr*I1s:aftaOtted hereto and Is only Intended to. i4ep(ot•WI r' -LEG.
- _ SESO RIPTIONrin - the-evenHhaHhe - EXHISFF11 - L- EGAL- [3ESGRIPTION-a lelns-enaniblgt+ity, - — _... _......_ ._._
EXHIBIT 1 D SKETCH mE40e used to solve Bald ambloulty:
•
•
•
•
•
•
• cob• 1,70
r • .
• • 38166
Prajoarred.for•and On behalfof Colorado Springs UtUltiea Thomas W. Shaugtuiessy, LS. 38166, of
QBITIGEN, LLC, hlortb Clutolsde Avenue,.SUlte 460., Dorado Springs, Oolorgdp; 80908
60Q000.46E.. X1Q oo
1896813 Page 14 of 16
01/20/2012 01:38:56 PM
•
Dare 2-NOV,2011 EXHIBIT 'ID SKETCH
DRAWN BY 1 8TUPER EASEMENT -
CHECKED BY: EptimsoN PARCEL 600000028 CITY OF
. SE0110N 20
APPROVER BY< VENAUGHNESSY , nos, NOM. 811 RM. COLORADO SPRINGS
PUEBLO mum, coLDR4pQ
DRAVVINO: 00
T
• QIN OF POE01.0
• 00000001
ligi0 RYART20 % ROM
ERWRNER•
01200
iNa9u.tuvicAPErrAmmo:
tive.utam row ado
- ---------
11
H 1
l; I . . irsizariv
.. _ - 1. J. — .. —. — J. • - . :, ,_-- -11 . . . .
• •
.., -
. r
‘. V• 240,6
. • N
% ; ‘
) folnoirw \ ‘ (*VI:44161LO
000000023
tr.n.
1
\- --friCOSTE2--01.11 - -
• 1 *-/‘ ‘ •
\ . tier3314422
1 \ 100.07
1
i 1 . .. .
/1
•
• • • 04
CITY OP PUEBLO
. erieeemess
dEblYER .1 ..; 4 zi 'VER. •
Al2001420; A ;
AWED:
20
) •
1 .
• ,... • -1.pc0?!../o ,.
..• k'.; . p'
: . .
I X 88186 :I
NOTE:
i. ftednasen; bgsed onillreybem NOS VietbfirseL WM OnlY MOM Z-5114-- "•-„, easazio . „..
monuoMple:1?)0 rt.811.0105.4Rt 11)14 .9ealrele pad to NOS tatton •,., ....
"c!~frgiAlsesh reNiumeNgd ISY . sa.efeelsed NA In cogenge, _
4 Tt ot
sale 2ne.fts gssurged.to beef North 1810(2.0" •aeoludIna to a etizeontrelu 200 aft 4C0
Ottgravrepargd,by 10dcbgte VOW CoNedlleoftbssere de the 11"seletatattai
Wee° Count) &mayor on Auguid 10. 2004 et limey DeposNtrbw
204000110. af4A1-2; lu lib 200 3HEET 1 OF 3
0 CHZ14,HILL 2004. NI ild/lbs rimmed:7M documenrond Ibis Ideas and designs Incaporstedhereln, men ladmirdvdprofesslaind samba, Is the prepedy
'li 010 MHILtgend is motto be. unda eifis orPed.for410$ paled blithest do vase eufludgeOmet OEM ELL
•
. . — .
• - • . . - . - .. .. . . . ... . -
1896813 Page 15 of 16
01/20/2012 01:38:56 PM •
•
DATE: 2- Nov -2011. EXHIBIT ID SKETCH
DRAWN BY: L.8TUUER EA SEMENT
CHECKED BY: B•} iSON PARCEL 600000025 CITY OF
APPROVED BY: TSHAUGHNESSY' U�pps _OW, P.M. GQLORADO SPRINGS
PU c oUNTY, COLORADO
DR/AMMO: 6O0Q000t6i&PtG
MATOHL'INE SHEET 8
1
\
\ `
t
. \'\ \ ■
\ \ `
\_. %..
\ `, a•oF
i PUEBLO.
\ , .. ■ 05h00000a
rt -
\
•
\\ ` `` ■ FOIJRTlrIN -CCONDUIT •
000000020 ; `∎ 8001M88$PAff 22 •
\ \ %
%
. ‘ \ ■ .
\ ■ .
• \ �■ 571a"I :R'8 TWO ELEOTRIO
• \ \� � 7A.10'' LINE
1 Y '_
6 e aes . , � ---- ; i . ' ma ; ..
Vs.oe. Noy ppt �i ER,
80wr16 °E / ; • 80.y6' • M
87.04'
/• /
/ 'EABEMEHT p � P L/ PMEB82 , •, •••e.C.
/
NOT : ' of ,
i. Beartn8• +aze •b88ed 0/1 a lUre NO8A4/00,W {do,CA� N'(HO:�K1s68}, —Z �N: As p
tnonumentsd a a-d akaet'1� i 4la0}e144:orwet* Pee.toNNOS•$tatlon ,
"18e von W (PID.. nidrairltorde0 4taet rotl concrete. 20D 800 400
w iM0 was Noumea totth'1s
&rem 1 bY• b . MIA** a0)6UWeFhghiaere, iI OW I '
El Baoo County � 10. 12004 at Wry* Number
204000110. sc : tN 200' SHEET 2 OF 3
Ca OVA H1112034. A0 nohte re t'hIs daowmrd end the Ideas ap w
dens ed Wean„ as an tnanert of pr nal eanlo4, b the•proparly
of MUM HILL and b not tobe used InWolompOr LtaaBrerpm (eatWtfiadBa whiten aWrorl nta CNN NU..
1896813 Page 16 of 16
' 01/20)2012 01:38:56 PM r
DATE: R- NOV,2011 . EXHIBIT 'I D.'SKETCH •
DRAVHN $Y: L STUDER EA8EMEM
CREVED.aY: B HANSAN PARCEL 808000025 -CITY OF
SECTION COLdt AOO SPRINGS
APPR0IIED BY SHAUt3HIV�8Y mato $ down OTH LpORRADO
DRAWING: 60D000026 -2.EXC .
S
■
, ,
', .
a
�
\ • \ Cm•o o
' .
a ■
NI NW- • 1 I
•
r
\' ,
.•
•
•
1, \ \ 8Q'PER141ANENTf�1EMPJ7T
\ 4, PDUNT. VAU.EYCONDUIT
\ ■ BOOK 1902. PAGE 3t2
4
.
OW P PUBBCO � t
‘ \\. %
\ v,
\ ' \
\ I\ \ \
• \ \ .,
‘ ` ■
\ \
.
\ ■
�\ i
� 1 i •
% 88 S, �'•�L ;
381 '" l
y
N01'E: �
1. Dearing; ere based on a Zino aonINGa "VOW to CBL B73' (P ID JK186b), )2 ° -- - '"• 0. :.'' •
monumontedby a 9" braes dolt setbr 1'8f oanaets p a t NOB ,
"Otaver�er (ND JK19*9), mon
atlid Onewasassumedto.6ear� � 7asta s t e e l to od M4ona mi ' 900 400 suivly
. prepared by Wrkhem Nlioheel Wanar En+a �d wlBrVbs r „,,� , .., •, +,
a ' s o ntysurveyor on'lv 10.2004' Su ay Dap Number
1d0. apt, =OD SHEET 3 Of 3
w H i� and s� no is ho m WINN w parkio i dh r , ut9re v a err � 0 � P1° o o CC HILL
t� wPPa►b
Reception 1896812
01/20/2012
TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT Pueblo, a Municipal Corporation (hereinafter called "CITY "), for and in consideration of
the sum of TEN AND NO /100 - - - - -- Dollars ($ 10.00 ) in hand paid, the receipt of which is hereby
acknowledged, does hereby grant unto City of Colorado Springs, a Colorado home rule city, for the use
and benefit of Colorado Springs Utilities, an enterprise of the City of Colorado Springs, its successors
and assigns (hereinafter called "GRANTEE "), subject to the terms and conditions set forth herein, non-
exclusive temporary construction easement solely for the purposes of the initial construction of a single
underground pipeline with fittings, tie - overs, cathodic protection equipment, fiber optic control cable
needed exclusively for operation of the. Pipeline, and all appliances appurtenant thereto (collectively, the
"Pipeline ") for the transportation of raw water, along such alignment as is approved by CITY across
CITY'S property situated in the County of Pueblo , State of Colorado, described as follows:
Temporary construction easements as described in Exhibits "1A through 1D, inclusive" attached
hereto, and incorporated herein by reference (the "Temporary Easement Area ").
Together with rights of ingress and egress for the said Pipeline construction, Grantee may use
the Temporary Easement Area for storage of materials and equipment, storage of fill material,
operation of construction equipment, to erect and remove temporary structures, to trim, cut, full and
remove therefrom all trees, underbrush, obstructions and any other vegetation, structures or obstacles
within the limits of the Easement Property.
The Temporary Construction Easement granted herein shall be subject to all of the following
terms and conditions:
1. GRANTEE shall observe and follow the requirements of all applicable statutes,
ordinances, regulations, licenses, permits, agreements (including the Agreement between City and
Grantee dated January 9, 2012), or covenants, including without limitation, any requirement to call the
"One -Call" system prior to the construction or excavation in or upon the Temporary Easement Area.
2. Upon completion of the installation of the Pipeline, GRANTEE, shall properly backfill,
grade, re -seed and restore the surface of the ground over said Temporary Easement Property and any
other portion of the CITY's property disturbed by GRANTEE during the construction and installation
of the Pipeline to the condition which it was in immediately preceding the construction and installation
to the extent reasonably possible. GRANTEE shall not alter the grade of the Temporary Easement
Area, except if approved in writing by CITY, which approval may be granted, withheld or conditioned
in CITY'S sole and absolute discretion. Further, GRANTEE shall repair any damage to pasture, fences
and other improvements, and pay for any damage to livestock resulting from laying, constructing,
maintaining, operation, repairing, replacing or removing the Pipeline. In the event of disturbance of any
wetlands, GRANTEE shall obtain all required permits and shall restore such wetlands as required by the
terms of said permits and law.
3. All wire and chain -link fences that must be cut in order to accomplish any of the
purposes herein above granted to GRANTEE shall be repaired and "H" braced on each side of the area
covered by this grant and the wire secured so that when the fence is cut, the remainder of the fence
shall not go slack or be slackened and after said installation or repair, said fence shall be replaced in as
CC)
NTC
00000369.002
1896812 Page 2of16
01/20/2012 01:38:56 PM
good as condition as said fences were before cutting. For all other fences that must be cut, GRANTEE
shall install durable matching gates as reasonably required by CITY.
4. In consideration for the grant of this Temporary Construction Easement, GRANTEE
further agrees to assume full liability and responsibility for all injuries and property damage occurring
after the date hereof to CITY, its agents, employees, invitees, contractors, successors and assignees, arising
from the construction or use of the Pipeline and use of said easement for the purposes aforesaid. To the
extent permitted by law, GRANTEE agrees to hold harmless, indemnify and defend CITY from all liability
and expense on account of any and all claims, expenses, liabilities, damages to property or injury to or death
of persons, or actions arising from or out of the construction, reconstruction, installation, operation,
maintenance, repair, alteration, rehabilitation, removal, or replacement of the Pipeline by GRANTEE or
its employees, agents or contractors. In connection with the performance of any such work within the
Temporary Easement Area as described above, GRANTEE shall exercise due care to protect CITY's
facilities in or adjacent to the easement from damage; and GRANTEE shall be liable to CITY for all
losses and damages sustained by CITY arising from the performance of any of said work.
5. CITY reserves the right to use and occupy the Temporary Easement Property during
the construction period for any purpose not inconsistent with the privilege above granted and which
will not interfere with or endanger any equipment or facilities therein or use thereof.
6. The term of the Temporary Construction Easement shall commence on November 28,
2011 or the date thereafter when the terms of this Temporary Construction Easement area is accepted
by GRANTEE, whichever shall last occur, and it shall terminate on December 31, 2014 or Grantee's
completion of the pipeline installation including all of Grantee's obligations described in this
Temporary Construction Easement, whichever may first occur.
7. The Temporary Construction Easement granted by this instrument is solely for the
benefit of Grantee, and is personal to Grantee and may not be assigned without the prior written
consent of CITY.
8. Grantee shall not use, generate, manufacture, produce, store, release, discharge or
dispose of on, under, above or about the Temporary Easement Area (or off -site of the Temporary
Easement Area that might affect any portion of the CITY's Property), or transport to or from the
Temporary Easement Area, any Hazardous Substance (as defined below) or authorize any other person
or entity to do so during the Temporary Easement Term. Grantee is responsible for completing, prior
to the end of the Temporary Easement Term, necessary repairs, cleanup, remediation or detoxification
of the CITY's Property and the preparation and implementation of any closure, remedial or other
required plans attributable to the generation, manufacture, production, storage, release, discharge or
disposal of any Hazardous Waste on or from the Temporary Easement Area during the Temporary
Easement Term, except to the extent caused by CITY.
For purposes of this Easement, the term " Hazardous Substance " includes without limitation
(a) those substances included within the definitions of "hazardous substances ", "hazardous materials ",
"toxic substances ", "hazardous wastes" or "solid waste" in any Environmental Law; (b) petroleum
products and petroleum byproducts; (c) polychlorinated biphenyls; and (d) chlorinated solvents. The
term " Environmental Law " includes any federal, state, municipal or local law, statute, ordinance,
regulation, order or rule pertaining to health, industrial hygiene, environmental conditions or
Hazardous Substance.
To the extent permitted by law, Grantee shall protect, indemnify, hold harmless and defend
CITY and its elected officials, officers and, employees, from and against any and all Loss, damage,
00000369.002
1896812 Page 3 of 16
01/20/2012 01:38:56 PM
cost, expense or liability (including attorneys' fees and costs) directly or indirectly arising out of or
attributable to the generation, manufacture, production, storage, release, discharge or disposal of any
Hazardous Waste on or from the Temporary Easement Area or the breach of any Environmental Law
in connection with the Temporary Easement Area, including, without limitation, (a) all consequential
damages, and (b) the costs of any required or necessary repairs, cleanup, remediation, or detoxification
of the CITY's Property and the preparation and implementation of any closure, remedial or other
required plans. This indemnity does not apply to actions of CITY, its agents or independent
contractors.
9. The teens, conditions and obligations to indemnify CITY contained in this Temporary
Construction. Easement shall survive termination of the Temporary Easement.
r! , u ti 'V .,
i y C t
U _, r ; `'.c.) PUEBLO, a Municipal Corporation
r � \
1 ` i � 1t o 1 �t.
ATTE .
't � %. ��-�
r/ .r ..-q: ' cr - '{ �a . . ii: •: _ _ �.� ._..._
.� ` • i ' I i e n t of e City ouncil
City,' . !'y.r,,._ r
_ �
ACCEPTANCE
The temporary construction easement and all rights and privileges granted by the foregoing Temporary
Construction Easement are hereby accepted in accordance with and subject to the terms of the
foregoing Temporary Construction Easement. The person executing this instrument on behalf of
GRANTEE represents that he or she has full authority on behalf of GRANTEE to execute this
Temporary Construction Easement and bind the GRANTEE to its terms.
GRANTEE:
The City of Colorado Springs, Colorado, a
home rule city and Colorado municipal
corporation, on behalf of its enterprise,
Colorado Springs Utilties
�n
1'`
By ,
Name hr F1 is' 7n
�`�"
Title C lirAttA 5 61.1111 A 0 0 4
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me in Pueblo County, Colorado this
4 � day of5-A►dt4. fti , 20 i Z by ($ fats K Kq iFo -o,1 as President of the City
Council and by GI Nfp • 1l o t O. as City Clerk of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
00000369.002
1896812 Page 4 of 16
01/20/2012 01:38:56 PM
My commission expires: 441 1.
MICHAELA CATALINO
[SEAL NOTARY PUBLIC r
STATE OF COLORADO Notary Public
COUNTY OF 41 COLSI) )
) ss.
STATE OF CAAOrita) )
The foregoing ACCEPTANCE was acknowledged before ' m� in
Q this i day of &fl%4 YLl by
C as of the City of
Colorad Springs, a Colorado municipal corporation.
Witness my hand and official seal.
My commission expires: (P I t / ZOO
•
[SEAL] CLARA LUCERO ht U"D
NOTARY PUBLIC, STATE OF COLORADO Notary Public
MY COMMISSION EXPIRES 08-12.2013
00000369.002
1896812 Page 5 of 16
01/2012012 01:38:56 PM
•
PARCEL DESIGNATION: 1 500000002 � DATE: i November 2, 2011
OWNER: 1 City of Pueblo (owner current as of the dale of certification hereon)
MMA
J.PGAL DESCRIPTION
A temporary oonslruotlon easement situated in the Southeast Quarter of the Southeast Quarter of. Section
19, Township 23-South, Range 66 West of the SGtth Priholpal Maddlah, Pueblo County, Colorado, more
particularly described as follows:
COMMENCING at the Southeast Comer.of said•Section•19 from'Whiott a NGSpoint P1D JK1855, a 3° brass
.dilifiet1SconatelaattimpetiVesiskt QtJ. 97 .Jaffa 1L Nsallt23°69.'53" East a dstanoe of. 3$,023.611est;_ ..........._ .
Thence North. 9X5'64 °•West a distance of 157.00 feet on thesotUh line of the Southeast Quarter of the
Southeast Quarter of said Section 19 to the POINT OF BEGINNING;
Thence obntlnue North 89°35'54° Westa distance of 18.64 feet on•tgald •south•tine to the easterly One of a
• 100 foot wide pemranent easement for the Southern Delivery System
Thence North 48°1215" East a distance of 2542 felet on aeid eMerly line. to the west line of a 107 foot wide
permanent easement as recorded In Book 1978 at Page 447 of'the'ateogrds Of said county;
ThenoeSouth 03'05" East a distance of 16.87 feet on said merlin() to the POINT OF BEGINNING;
Together with thedollowing:
•COMMENCING at the Southeast Comer of said Section 19•from which•a.NGS point PIO JK1365, a 3" brass
disk set ih concrete, stanhped °Pueblo OBL 973",.bears North 73°6353" East a distance of 38,023.61 feet;
Thence North 89°36'64" West a dstance of 324:78 feet on 1he of said Southeast Quarter of the
Southeast Quarter;
Thence North 48°1215° East a distend° of 23.83 feet to the POINT OF BEGINNING;
Thence:North 0°23'05° West a dstance of 1,31580 feet to the north line of said Southeast Quarter of the
.8outheaal Wafter:
•
Thence North -89'58'03° East a datanoe of 50.01 feet on said north line to the westerly line of a 100 toot wide
permanent ;easement for the Southern Delivery System; •
•
Thence. South 0°23'05" East a distance of 1,271.37 feet on said Westerly line;
ThenceSouth 48°12'35" West a distance of 66.68 feet on said westerly line to the POINT OF BEGINNING.
Said easement contains 64,694 square feet or 1.485 acres more or less.
EXHIBIT IA SKETCH is attached hereto and is only Intended to.deplot EXHIBIT 1 A - LEGAL . > • • •.,•' '' +.. �, w ;
DESCRIPTION. In the event that the EXHIBIT 1A - LEGAL DESCRIPTION contains an am ` �,� i 1 ,..1
iA SKETCH maybe used to solve.sald ambiguity. f , f 38166
•
%-.740/..0 ,�, fir
1/4► :
LA
Prepared for and an behalf of Colorado Springs Utilities by: Thomas W. Shaughnessy, L.S. 38166, of
CR TIGEN, LLC, 2 North Cascade Avenue, Sulte 460, Colorado Springs, Colorado. 80903
6000000027E•,,EX1Adoc
1896812 Page 6 of 16
01/20/2012 01:38:56 PM
.
DATE 2-NOV-2011 EXHIBIT IA SKETCH
DRAWN BY: 1 STUDER TEMPORARY CONSTRUCTION PASEMEN
CHECKED BY: 8 HANSON
PARCEL 0500000002. CITY OF
,
SECTION 19. COLORADO SPRINGS
APPROVED BY. TSHAUGHN•ESSY 1"108, ROM,
DRAWING: 600000002TE.JXC PUEBLO COUNTY, COLORADO
4 .
1 COY OFPO O
M00000002 bi
._,... —g
_... - -
1448•1276"E
2,8.89'
• P.O.B. 509•88'OS•E
84,2'8S"w 80:01•
f$8V31 Np•98.08'9N 1.3345.130* 1.3345.130* ---'- --- — 1. 8'1 wr > rw.. ..R....4/...
Ssreew
8D' O�0"E 1 MABP,MEIf fOR
P.O.B.
S UThERN bEUVERY SYSTEM
- - --
2 qi, 1 e 181'/0' '
lb 40 SOUTHEAST COMA swum 19, 1Q7'P'E13M NENf EASEMENT
726S.ft8BU 34,r!RA88 CAP 0001(1108, PAQE 447
/ f�.0.0 STMAPED $,M 19¢4
•
/
'/
1
i
/ • BCNA CC07t8rTRUSf
8600000000
o�P�4 ti . ;-
38166 ;
-- • *&•$'171 • :'
lane "
1. ftearbtgs are based on a Una tom N08 Station "Pueblo CBI. 973' O'ID . 00336 ). --
by a S• 3$3), m sKset n lit �y a stainless less � ro se In concrete.
'�Clereer" (� JK1863)
said be was
assumed to bear North 8.3117/" Met to a sunny control() H rmm Cow►q d
2 0 400
l Ne roon A� 1Q 2004 of Num d ber
•
204900110. SCAM 1•x200 SHEET 1 OF 1
of of G MgHHLLS 0nottobe Inn bon wrRfsn ofCH?A HIL MNP .b the ptopeiy
1896812 Page 7 of 16 .
01/20/2012 01:38:56 PM
•
. PARCEL DESIGNATION: 1 600000023 1 DATE: 1 November 2, 2011
OWNER: [ OlJ of Pueblo (Owner current as of the outer aertUloeUon Korean)
EXHIBIT 1'I3
LEGAL DESCRIPTION
A temporary oonatnrotlonsasemenl situated lathe Northwest Quarter Section 20, Township 20 South,
Range 66 West of the Sbdh Principal Meridian, PuebloCounty, Colorado, mom pardoularly described as
• follows:
COMMENCING al the West Quarter Comer of sald Section 20 from which a NOS point PID JK1355, a 3"
- .. _ ..._ _ ._ . _. -. brass - disk. SeUn_ ooncoate ,stampad bats Mach 77 [2 East a Olstenoe of ._ - _ ...._.._. ._ .. .. .. _
87,389.11 feet;
• Thence North 0 West adsiance of 786.52 feet on the west tine Hof the Northwest Quarter of said
Section 20 to.the oouthlinb of that parcel of Land described Urider Reoeptlon Number 1498049 of the
record's of said county;
- - • - - - - -- T hence - Norih-89'33'51" East .a -dsiartee-of -8183 eel on- Id- south- Unete- the - easterly- Ilne-of a 4004teot --
wtde.permanent easement forlhe Southem Delivery- byatehn and tp the POINT OF BEGINNING;
Thence Notch 0 °413'23" West a distance of feet On sald easterly line;
Thence North 45 °33'42" East a distance of 390.05 feet on Bald easterly line;
• Thence North 63420'53' East a distance of 14.78 feet on said easterly if ne to the part tine of said parcel;
Thence South 1°20 East a distance of 62.28 feet ori•isald eatat•Iine;
Thence South 45 33'4r•Wost a dstance of 340.14 feet;
Thence South 0 Eest-a distance of 606.83 feet:to ths.eouth Une of eaid•parcol;
Thence South 89°33'67" West a datums of 60.01 feet said south line to thePQINT OF BEGINNING;
Together with thefollowino:
COMMENCING at the-West Quarter Comer pf sald Seetfon- 20•from which a NOS point PID JK1355, a 3"
brass disk set In concrete, stamped 'Pueblo CBI.873 "; bears North 77°50'12" East a distance of
37 ;889.11 feet;
Thence North 0422'62" West a distance of 788.62 feet on the west line-of the Northwest Quarter of said
Section 20 to the south line of that parcel of land described under Reoeptlon Number 1498049 of the
rewords of said county;
Thence North 89 East a distance of 21325 feet on said south line to the westerly line of a 100 foot
wide permanent easement for the Southern Delivery System;
Thence. North 0 West a distance of 569.96 feet on'sald westerly lire;
Thence North 45°33'42' East a distance 01 200.28 feet on said'westerly line to the POINT OF ' ....., `
BEGINNING; :: �� , , w / :: c
NI, 3 ' 8166 ' - j a
1896812 Page 8of16
01/2012012 01:38:56 PM
Thence North 55"3353" West a distance of 88.23 feet;
Thence South 31°34'47" West a distance of 33.60 feet;
Thence North 6814'38" West a distance of 94.61 feet;
Thence North 711 West a distance of 54.66 feet;
Thenaa North 60°56'59' East a distance of 163.50 feet;.
Therioe.South 21' °11'34° East a cfstaitoe of 67.74 feet: •
Thence 8opth 34°1241" West a distance of 85:88 feet;
-.._ ThifialWANTSISSVPrWsTa " si'arce of 83.15TeeTt - o sNawesie y Ind', - - -� - -
T o Q oath 45 3'42" West a astatine of 25.46 feet on said' a terly Ilge to the POINT OP .
•
0E N 0
. . - .6quaraleatix 1..4131 acteszttm orlon. .____-- ._... -
EXHIBIT 1B 13Kf:TCH is attacked hereto and Is only Intended td.deplot EXHIBIT iB - LEGAL
DRSCRIPTION. In the evenilhat the.EaWIBIT 10 - LEGAL DESCRIPTION contains an ambiguity,
E) HIB•It 1 E 6j<ETCH may be used to solve Bald ambiguity.
l e? i
I 38166
;...//
A forand on hlf of Col as c ade orad 3pifngs UtoitIs e by Thos W. Shaughnessy, L.S. 38168, of
C�N, LLC, 2 Nort h C Ave nue, Suite 460 Color ado ma Spf ittgs, Colorado, 8 090;1
5OOP0002.8TF dqo
•
1896812 Page 9 of 16
01/20/2012 01:38:56 PM •
•
•
DATE 2-NOV-2011 EXHIBIT 18 SKETCH
DRAWN BY: L STUDER TEMPORARY CONSTRUCTION EASEMENT
CHECkEb BY: t3 HANB.ON PARCEL. 600000023 CITY OF
SECTION 20 . COLORADO SPRINGS
APPROVED 8Y: 'T SHAUGHNE88Y T ��
�'p•M•
PUEBIA COUNTY, COLORADO
• DRAWING: 0,O1)000Q28TE_EXC.DON
I t `. `
tl \ \
I N.
1 \\
ii �O coo�4�' \
1 \ \` 100' PERMANENTEASEME T
\
% % now 1984, PAOE.BBt}�Q
1 %\ �\ 1g0'FA2EMENTP0X
• t -, j . _ _ _ _ - _ A mERNDawEI Y8Ya1L�M
- �•-- -•--t P.O.C. %\ .c
- 7. - - - - -I i - NO. 46 _ r- N '88'd�'E ; _- - ..... ... N46'88+4 _ — - — - - - — •
1 627.74' 218.29' \ 2
11 N89'89'61"E ,' . ' — "'J. Blsai467AN. •
• i PA H. f •••M .. •• I. A . N48!33 '4 '13
1 8B9'Sa'61 gD5 N \\ asopir 8`�
84g
. I 14.of \ '14.
'
1RTERC, 340.44' \ •
i 20,1208, R65W S7.•22411 1E '\ \\
1 1.4ir AURA QAp STAMM)
1 R211EL ON TRH= 7189 \ \
\ S.
I 1 \
1 \
a58'14 NT><i"d8'W • �%
f tt48i tl4rs 80' PERMANENT EASEMENT • \ \\
I • FOUNTAIN VALLEY OONDU ' % , •
BOOK1082, PA0 22 \� \ �`
S rF7^Wr 4.0\ 1 , s \ ,,
O tr t of PUE B LO \ \, I.
NOV33'6a1"4 , r. \ \, � �Y•; Ati000000?8 \ \
6023 , ` Y ,.
\\
1 it Pal. • * % \ 67.T4' ` `
846'33'42 . D T?'JL.t' O94421416W
28.48' NOT TOVALE 09.62' D° 4Q
08.19' V . _
/= V 3 8166 •
NOTE: = . _ •�y� 11 o :
1. Bearings are besed on a Mairam KGB Station °P.uabto CBI. 978' (P D JK1355), 10—z•-••••3;:a...-
nmrtumented bps 8' Masa dlekeet In 1.5• diameter concrete pad to NOS Stolen
"Clevenger* venger (PP JK1353) ITlanamerltedby 4 s�taMresestesj rod set In
°aid One Was assumed tokboor Morin 1a'ww- Whet a m to 0 ewveq� 0' 5 r := ,
Blaoram areaerod by IKirkham 1�lphae( CDaiwa** Engineers deposited With the - .....,.1 a
Ey oCounly8wveydronA1euet10 ,2004at&wayDeposit Number SHEET 1 OF 1
704000110. 4 '6(1.4LE 1■a 80&
DOCK* HILL 20d1. nd Is not* ba toe Iowa* oro®R D Op wanton auth authorization 0t CH22M t ofprotg4se0rrel seuvlo9. b the property
1896812 Page 10 of 16
01/20/2012 01:38:56 PM
PARCEL DESIGNATION; 1 500000024. 1 DATE: 1 November 2. 2011
OWNER: 'City of Pueblo (Owner wrrordhs,ot the date of ceitltioatbn hereon!
AXIIIBIT
LEGAL DESCRIPTION
A temporary oonstruotion easement situated In the Easf.Hatf of Section 19, Township 20 South, Range 66
West of The Sixth Principal Madden, Pueblo'Cotuit3►, Colorado, more particularly described as follows:
COMMENCING at the East Quarter Comer of said Section 10 from which a NGS point PID JK1365, a 3"
brass disk set In concrete, stamped "Pueblo CBL97$ , bears North 77°50'12" East a distance of
. -- - - --37 88.11 foet; - -- -- — - - - -- - -- — -- --
Thence North West a distance of 206.79 feet on the east line of the Northeast Quarter of said
Section 19 to the westerly line of a 100footwldepermanent easement forthe Southern Dettvery System
and to the POINT OF BEGINNING;
Thence South 56°3447" West a distance of;317;66.feet on said westerly fine;
Thence South 0 a distance of 1,38.60:feet on said westerly line lo the south line of the North
' Half of the Southeast: Quarter Of Said Section 19;
Thence South 89°69'03" West a-dlstance d60.0.2-feet on.sald south line; •
Thence North 0 West a distance of 655.32 feet;
Thence South . 90100'00" West a distance of 343..88 feet;
Thence North 0000'00° East a dtsianoe of 030,07 fed:
Thence North 90100'00" East a distance of 339.20ieet;
Thence North 0 West a dlstanoe of 607.15:Tept;
Thence North 56134'47" East addenda of 877.581eet to said east line;
Thence South 0°22'52" East a distance•of 69.88 feet orr. said east line to the POINT OF BEGINNING.
Said easement contains 199,060 square feet or 4.570 acres more or less.
EXHIBIT 1C SKETCH le attached hereto and Is only Intended to depict EXHIBIT 1C - LEGAL
DESCRIPTION. In the event that the EXHIBIT 1C - LEGAL DESCRIPTION contains an ambiguty,
EXHIBIT 1C SKETCH may be used to solve said ambiguity.
'"d
is 3 8166
Syr 1
Prepared for and on behalf of Colorado Springs Utilities by: Thomas W. Shaughnessy, LS. 38186, of
CRITIGEN, LLC, 2 North Cascade Avenue, Suite.480, Colorado Springs; Colorado, 80903
900000024TE__EXI O.doo
• 1896812 Page 11 of 16
" 01/20/2012 01:38:56 PM
DATE: 2-NOV-2011 EXHIBIT 1'0 SKETCH
DRAWN BY: L STUDER TEMPORARY OONSTRUOTIO N EABEME
CHECKED•PY a HANSON PARQS4 4 CITY OF •
- SECTION ifi COLORADO SPRINGS
APPROVED BY: T SHAU4HNESSY PUE COUN1Y, COLORADO
DRAWING: 500000024TE EXO.Dt3N •
' 11 •
I1 11 \ \
II II \ ■ -
II II .. \ \
II 11 \\ '
11 11 \ \
11 I1 \ \
11
\ \
•
11 t1 • \
I1 II ■
I1 1.1 \\
.. II II \ \
11 \
201 11 \ \ •
It tA/
100' EASE FAR
70OUTHERN DEUVERY'$YSTEM 1 CIiYOFQI(EBI.O 1•I L 118TIN6 ELECTRIC um \ \` \\
1 11 d8000000i4 .
II li \ \
1i pp0•QOyB I \ \` \\
11 • .
II al
ii 1.1 \ \ \\
an u q 8596 r --Y t it H86`a4'47"E \ \ : 1104.411!W ffO i �MX, \ \
r r{A Y07NVA.rr. \ 1
70 0' ENrFJ ssAENT .r.. 4L..rr. r. wrr;.r4 4jnews•A-4
II \ \
... 8a0K 19 q,�PAGti 888 1ti �O� �. \ t �
it 11 ,^po8. \\
t 1 11I 1. x9.811 •
1 1 PA O— .I11 NO'S
I1
1 t nr 20ea0*
1 1 111 r
111
I l 111
BONACCORS1 TRUST 1 1 111
108 Ill
11 :d14 .
• 11 III SAW OtIARTERCORNER,
1 I . 111 SECTION 10,, T20S, ROW _
1 1 1 II 1-102' AWM1 OAP slump
1 1 111 b NEL80N 1R1-00 ilea
1 1 1 I
ti I (MOP PUEBLO
1 I • 111' 00 0 0 00025 :
1 1 111 •
11 •111
4 :
I 1 1 11 F
/7 014 .,,, ,,f.,Y ,
38166
NOTE: " � 6 AL LA � ` /
1. bearings are based on a One from NOS ' Pueblo COL car M�pID,IK188O, --Z - .
manumitted iota r braaa dak set In 1 d�oonan pad to NOS Station • '
"CbI ' V dKlass) roonumenl y1r a alelnb8a etaoi rod eSt.tn candle %
ardd..tato mitt assumed to d ear North 1 9'20�ylteat 3 ele
o a .000t of 6 750 1600
LI: gepared by Kltkham MI .
County inveyor ors Aubust'10,2004at Motor' SHEET 1 OP 1
' 110. SCAkE:1"ss 6o0'
0 MLL mama 2004. AN dots ented This document-end Ole Wee end donate eroorereto
P d twrefn. an an M/�4ument d Prolee�iangl ReMoa, b U Puoyelty
a
0 00.01111. 2004. Isnot be woe to Mob ape/1, hr olberpICIPX4w101oId81ewd 6"14hoPoa4" otd@MMILL
1896812 Page 12 of 16
01/2012012 01:38:56 PM
•
•
PARCEL DESIGNATION: 1 500009925 1 DATE: 1 November 2; 2011
OWNER 1 City of Pueblo. (owneivarent as dihada(e at oer;illcatlon hereon)
133(I04T 1D
P.PQM, DESCRIPTION
A temporary construotion easement;aituatedin the•North Half of Section 20, Township 20 South,Aange
65 West of the Sixth Principal M'el1dialh, Pilebla County, Colorado; more particularly desodbed arfofiows:
COMMENCING at the •West•Quarter `omerof said Section 20 from which a NGS point PINK 1855, 8 3"
brass disk set In concrete stamped Pueblo CBI. 973 ", bears North 7P50'12" East a distancetof
— _ 97;989:11 — -- —
Thence North 0°22'62" Weet Qf 0.79 feet on the wes;t:llne of the Northwest Quarter of said
Section 20 to the POINT OF'8EGINNIN0;.
Thence continue-North QC22!52" Wslst adtiatance of 59.66 feet on said West One;
Thence North 56°34'4r Easfar1<sfanwD 5748 feet' lo the westerly Ilne of a 100 foot wide permanent
easement for the Stuthenl DeIWeiySystem (808); .
Thence South 046'23" East a lstenoerpt 59,40 feet on said westerly
Thence South 56"34'47" West a diatanoo of 267.97 feet.to the POINT OF BEGINNING;
Together with the following:
0OMMENOINQ at tbe'Wsst QttarletQornbiof said Sction20front inritioh a NQS point RID•00355,.a 3"
braesdiaikaet In oonorete, stampt d "Pashto CBL 97r, bears With 77 East a distance of
37,389.11 foot;
Thence North 0 W@N.a :distanbb* 187.41 feet on the west fine of the Northwest Quarter•of said
Section 20 to the easterly gne 4 add Sly went;.
Thence North 56'34'4r Easta•cistanoeof 87'773 feet on said easterly One to the POINT OP
BEGINNING:
Thence North 046'23" West aa11 Rt�@ of feet to>the south line of that parpel of !And described
under 'Reception Number1498649 efitre records of said•ounty;
Thence North 89 3'51 °•EaSl a;dialitlio0. of 50.01 feel oil Said south Tine;
Thence South 0%6'23" Easta dettance•.of 461.o8 feet;
Thence South 56°34'47' West a distance of 59.40 feel to the POINT• OP BEGINNING;
Together with the following;
COMMENCING at the North QtlarterPoraQrel s4dS091ton 20 from which a NQS point PIDJK1355; a 3"
brass disk set In concrete, stamped Topic C131.97.3", bears North 511 6".33" East a distance Qt
34,979.76feet;
•
1 381 / •
d NA L LA00
1896812 '-Page 13 of 16
01/20/2012 01:38:56 PM
Thence South 89M5'85" East.a•distanoe of BO'S feet on the north no of the Northeast Quarter of said
Section 20 to the POINT OP'SEGINNING;
Thence oontInue South B9M5'35" testa Odium. of'5Q.02 feet on said north line;
Thence South 041 '16" East a distance of feet;
Thence South 83. West a•distanoe4 2410 feel;
Thence North 71' West a distance oi1O.70ieet;
Thence South 00930'63" West a.dstattoei t>f ;A ,it241Qa1;
Thence South 46 Westa distance:of MI feel to the east tine of that parcel of land dasei,xtbrier
under Reoeptlon r 1496049 of the ito6itls:pf bald county;
Thence North 1 Wost•acasfallaeot OOtfeet on said east line 10 the southerly line of a 1Q0 fool,
wide permanent easement for the.Southem DelWery System;
Thence North 63 30'53" East a distance ot.2 Q3S42feet on said southerly Iihe;
Thenoe South 71. East a distance of:78.7bleet on said southerly line;
Thenoe North 6310'53" Basta instance ql 189,88 fast on $al d souttter1y
Thence North 0°x41'16" West•a•distanoe•of SY:04leefon said southerlyitne lathe POINT OF
BEGINNING.
Said easement contains 158;108 square Teeter 3.690 acres more or less.
EXHIBIT 1D SKETCH Is ettaphed hetite 9d10 o 1* f ty intended to deplot EXHIBIT 1D - LEGAL
DESCRIPTION, Irfl a event that the.�CH 11 - LEGAL DESCRIPTION cdntalna an ambiguity,
EXHIBIT 1D SKETCH may be usedto•solvaeaid amblguity,
•
•
/ OP p pO
/./0 4)
i t • 38165.
Prepepa�red for aod:on behalf of Colorado Springs Utilltleg by: Thomas W. Shaughnessy, LS. 38169. of
CRITIGEN. LLC, 2 North Cascade Avenue, Sifte 486, Colorado.Springss, Colorado, 80903
5000Q0028TE EXlD:doc
1896812 Page 14 of 16
01/20/2012 01:38:56 PM
DATE: 2-NOV-2011' , EXHIBIT 'ID SKETCH
DRAWN BY: LSTUDER TEMPORARY OONSTRIICYION EASEMENT
. CHECKED BY: 0 HANSON wpm OF
R S
APPROVED BY: T SHAUQHNESSY , �P � STTi'P �. COLORADO SPRINGS
PUEBLO COUNTY; COLORADO
•DRAWIN4: A0006OQO25TE•1_ XC
I .
) I ow OFPU�I.o '
1 .
I nercomatatoatal,
1 GEOTION 20, 120e, 1166W
1.1/2"!►WM OAP8TAMPED
I
1 0 NEELL 1RF00 7188 - - - - -
1 • I ;ZOB.IB' .8
1
•
Imo. 1 P.O.B.
/. 1 ‘ \ tt87.46''
• •
1 00: Fars
1 I 1. ' 80bR�ELp/ERY BY81•EM
1 886.3447 8 B
1 i \
L 1 7 3 ' \ N0t4 ✓ ... r.s / N30113 ��t�
i • f.O.&- r 1. •
j ..,,.P � ...g � rnTYOPPUI�La
.1 1 600050023
•
.i .1
L •1
1 f • Q1
• 3500000026
• 1 .
•k � . • f CBNTER.at�AR R coma; •
BEOTtON 2Q,T208, ROW
I I 5+ 114•AWM•CAP•URS PL324904
i
• • Li \
.� i1j at
1 1 11
I .
' :' WI o.U90I' •
•
3 8166 �' •aq
Nara . ;'Ix \
1 o Q BLo kAL LA� ,, ,
•Ae a►R edcoaOnofF sC om N 8 Sf81tQn F1leblo,6 3 " (PID Mao). •• �-- Z•— a:.."« --- .
own K 198 brandoc sel in ttv s1 a onareb Pad. to Witt Sallow
J 5 ontpfi by a eas stool rodiet Inoonotate, Q 200 300
$ a5swned to b ear orth 555014 10 a '
400
• d l.: • bi f)Y Kirkham trllbfia to 61
2 �mo.
• q 8ulveya on August 10,2004 at
04 10. fhb 80ALE:4" = 200• SHEET 1 OF 3
ci " , H ILL a b salto'be Imhof w project Mho! the vafae thoilzetbnor. el HILL bret M.OfpA4fea al.>teNke. b the pre�e�b
1896812 Page 15 of 16
01/20/2012 01:38:56 PM
DATE 2NOV.11 • EXHIBIT 10 SKETCH
DRAWN EY: L.STUDER 'TEMPORARY CONSTRUCTION EASEMENT
CHECKEDMDY:.H HANSON PARC �pQ� 6 CITY OF
APPROVED BY: Y SHAi)C3HNE88Y
rzo 6* ST l P.M. COLORADO SPRINGS
PUEBLO coPNTY. C,OLORAPO'
QRANtNO: S00000026TA3_EX0
c .i141114P \ E"
It 100` EASEM9d1' FOfI •
; SOUTHERN SEUVERYsYBTEM
\ . \
,
,
,
,
i st\ 4 \ �`
•
\ ` ;, 0817000A08
. \ +. v. ‘• BY PERMANENT EASEMENT
oRYAF PUE8L0 \ `∎ FOUNTAIN VALLEY CONDUIT
V1gpoo0ow , 6.001( Ink PAGE 2'l •
\ `
\ss, "Mar E arnbtG ELECTIBC
$71'7'8 "H \ 4 , . 18Q�88• WJB
7080• � � � s'
•3 \C.O. s . . . . • ...
24133' i . .,... q -Liss 2' CAP W.638200
• r \ - 889
BMW ;:-.--%";* •
�J^� 1 M game
NO.41'18"W , , o 'O . l;• F ••
8T.04' ...r. .
� •.• . ..� :_�
10Q0 PERMAf1ENT•'EAR ,;: • • at . :�:'.
SO 1718. PAGE 082 c . ' -/
1 Ai s 311 166
NOT - . `$ 4 '�J
•' �
1.641141100 0,360 on a I nnolrem NOS Station "N CBl..nr IPIO JK1868),• - -Z-.; .
��wonwa r Toot set In 1.8 winch �e . : to.NO$ Mallon „ . 'pevangoP (PIR:JK1mgnwmented b ed e1B�tea1 •$et 1n eatd Ike Wart as��fnte North 13'88"10 Wok .toe 0 200 4 • dlIaaggtam10 bx lQlkl)an1(M1lc�etr VOnj ,
El R . •.
iUrveyor on Mud 10, 2009 et � the 300 /
som.t:r 9• mite' SHEET 2 OF 3
me OHM lWUnn r and
iot tti « other " Incorporated
+ n the« anon u of °
o utbu. �gw�4�!onm ea+kAan�e property
1896812 Page 16 of 16
• • 01/20/2012 01:38:56 PM
P
DATE •2NO•011 EXHIBIT ID SKETCH.
DRAWN OW IJI1JDER EMPORARY GONSTRUDTION EASEMENt
41 $Y:• A HANSON PARCEL 1 )425 • CITY OF
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Land Restoration Bond co ,off
y Received
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Bond Number: 105765212 co JUN 6 2012 w
` City Clerk e,
KNOW ALL BY THESE PRESENTS that the City of Colorado Springs, a Color. Po' orri&filkt CO
city and municipal corporation, for the use and benefit of Colorado Springs } es, as 6 cb \ '
Principal ( "Principal "), and Travelers Casualty and Surety Company of Am - a IS- O
corporation organized and existing under the laws of the State of Connecticut and duly
authorized to transact a corporate surety business in the State of Colorado, as Surety ( "Surety "),
are hereby held and firmly bound unto the City of Pueblo, a Municipal Corporation, as
Obligee ( "Pueblo" or "Obligee "), in the maximum penal sum of Fifty -five Thousand Dollars
($55,000.00) for the payment whereof Principal and Surety hereby bind themselves, jointly and
severally, as provided herein.
Whereas, the Principal has agreed to certain terms and conditions (the "Terms and
Conditions ") contained in a 1041 land -use permit and its mitigation appendix, Pueblo County
1041 Permit No. 2008 -002 issued by Pueblo County ( "1041 Permit ") as part of the Principal's
construction of the Southern Delivery System in and around Pueblo County, Colorado; and
Whereas, pursuant to Section 22 of the Terms and Conditions of the 1041 Permit,
Principal is required to re- vegetate lands in permanent or temporary construction easements
pertaining to South Pipeline 1 (S1) — A 4.3 -mile raw water pipeline extending from the Juniper
Pump Station site adjacent to Pueblo Dam north and northeast to Spaulding Avenue within
Pueblo West, some of which lands are owned by Pueblo; and
Whereas, pursuant to the provisions of Article I, Section 3 (a) of that certain Agreement,
dated January 9, 2012 between Principal and Pueblo (the "Agreement "), the Principal has agreed,
with respect to all land disturbed by construction and installation of the Southern Delivery
System which is owned by Pueblo, to furnish a surety bond naming Pueblo as Obligee to secure
Principal's obligations under the Agreement to properly provide dust control, revegetation and
remediation and to backfill, grade, re -seed and to restore the surface of the ground to the
condition which it was in immediately preceding the construction, to the extent reasonably
possible, as required by the terms of Section 2 of the Easement Agreement recorded in the
records of the Clerk and Recorder of Pueblo County, Colorado at Reception No. 1896813 and
the terms of Section 2 of the Temporary Construction Easement recorded in the records of the
Pueblo County Clerk and Recorder at Reception No. 1896812 (collectively, the "Easement
Requirements "), and to meet the revegetation requirements of the 1041 Permit, and in case of
any conflict among those instruments, with the most restrictive and environmentally protective
requirement to apply (all of the requirements being referred to collectively as the "Land
Restoration ");
Now, therefore, the condition of this obligation is such, that if the Principal shall fully perform
the Land Restoration as agreed, and obtain a release by the Obligee, then this obligation shall be
void; otherwise to remain in full force and effect.
Obligee shall be entitled to receive payment from the Surety if, after completion of the non -
compliance notice, corrective action, and dispute processes described in Article I, Section 3(a)
and 3(b) of the Agreement, the Principal has failed to comply with the Land Restoration
requirements on all or a portion of the land covered by the Agreement.
Payment of the costs of correction of Principal's non - compliance with its Land Restoration
obligations, plus 10% thereof for administrative expenses, shall be made by the Surety within
thirty (30) days after Obligee transmits to Surety an invoice therefor together with a written
Claim for payment signed by the Obligee substantially in the form attached hereto. The Claim
by Obligee to Surety shall be sent by certified mail, return receipt requested, to Travelers
Casualty and Surety Company of America, Attn: Vice President, Commercial Surety Claim, One
Tower Square, Hartford, CT 06183. Payment to Obligee by Surety of the Claim shall be made
by check or other method acceptable to Obligee, payable to City of Pueblo and delivered to the
City Attorney, 503 North Main Street, Suite 203, Pueblo, Colorado 81003
Any claim under this Bond shall be made no later than December 31, 2015.
In no event shall the aggregate liability of the Surety hereunder exceed the penal sum of this
Bond.
IN WITNESS WHEREOF, We have hereunto set our hands this 1st day of June, 2012.
The City of Colorado Springs, Colorado, a Home rule
City and Colorado municipal Corporation,
On behalf of its enterprise Colorado
Springs Utilities (Principal)
B K--n : ier, Enterprise Risk Manager
Travelers Casualty and Surety Company of America (Surety)
By:
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` ■
-
Holty Hi1de • tig ttorney -in -Fact
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
Alb. POWER OF ATTORNEY
TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Lisurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 224085 Certificate No. 0 0 `t 5 7 6 410
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint
Steven J. Ewing, Bryan K. Brenning, Ronald L. Agee, Renee McReynolds, Holly Hildebran, and Katie Klimek
of the City of Loveland , State of Colorado , their true and lawful Attorney(s) -in -Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
6th
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
day of October 2011
Farmington Casualty Company ' St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
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State of Connecticut By: Ara"
City of Hartford ss. Georg:J Thompson, •enior ice President
On this the 6th day of October , 2011 , before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
�
In Witness Whereof, I hereunto set my hand and official seal. -' W t(/" v • .ult)t
My Commission expires the 30th day of June, 2016. G "Iwo * Marie C. Tetreault, Notary Public
58440 - 6 - 11 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies, Awhichi s in full force and "effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this j � day of Jam , 20 la
Kevin E. Hughes, Assistant Sec tary
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To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
Claim for Payment
Land Restoration Bond, Bond No. 105765212 was issued June 1st, 2012, by Travelers
Casualty and Surety Company of America, as Surety, on behalf of Colorado Springs Utilities, as
Principal, and in favor of the City of Pueblo, a Municipal Corporation, as Obligee, to guarantee
the City of Colorado Springs, for the use and benefit of Colorado Springs Utilities' ( "Principal ")
Land Restoration obligations to Obligee (the "Bond ").
2. Non - compliance notice, corrective action, and dispute processes between Obligee and Principal
were completed on and it was determined by Obligee that the Principal has failed,
in part or whole, to fulfill its Land Restoration obligations to Obligee.
3. Obligee submitted to Principal written notice (copy attached hereto) dated
of the costs for correction of Principal's non - compliance with its Land
Restoration obligations plus administrative expenses equal to 10% of such cost.
4. Obligee hereby submits a claim for $ , to be paid by Surety by a check, or
other method acceptable, to Obligee, and payable to City of Pueblo, Colorado, and delivered to:
City Attorney, 530 North Main Street, Suite 203, Pueblo, Colorado 81003 within thirty (30)
business days of the date of this claim.
Dated: Obligee: City of Pueblo, Colorado
By:
Name:
Title:
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