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Reception 1954164 09/03/2013 03:11:13 PM ORDINANCE NO. 8617 AN ORDINANCE APPROVING THE HISTORIC ARKANSAS RIVERWALK PROJECT, FILING NO. 3 SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Historic Arkansas Riverwalk Project, Filing No. 3 Subdivision, being a subdivision of land legally described as: A PORTION OF LOT 4 AND ALL OF LOTS 5 THROUGH 14, BLOCK 3, A PORTION OF LOT 6 AND ALL OF LOTS 7 THROUGH 22, INCLUSIVE, AND PART OF LOT 23, BLOCK 4, THE ALLEY IN BLOCK 4 BETWEEN LOTS 6 THROUGH 14 AND LOTS 15 THROUGH 23, CENTRAL PUEBLO, RECORDED IN BOOK 2B AT PAGE 31 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER, TOGETHER WITH PARCEL B, HISTORIC ARKANSAS RIVERWALK PROJECT, FILING ONE, RECORDED AT RECEPTION NO. 1289663 IN SAID RECORDS, BEING A PORTION OF THE EAST ONE -HALF OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE CENTERLINE OF CENTRAL MAIN STREET, FROM ITS INTERSECTION WITH THE CENTERLINE OF GRAND AVENUE TO ITS INTERSECTION WITH THE CENTERLINE OF RICHMOND AVENUE MONUMENTED AT BOTH ENDPOINTS BY 3 1/4" ALUMINUM CAPS STAMPED "JR ENG RLS 31161 ", WITH THE LINE CONSIDERED TO BEAR N43 °55'06 "E. BEGINNING AT THE EASTERNMOST CORNER OF LOT 14, BLOCK 3, CENTRAL PUEBLO, SAID POINT BEING ON THE WESTERLY LINE OF THE ALLEY IN SAID BLOCK 3 AND SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT -OF -WAY LINE OF RICHMOND AVENUE; THENCE SOUTHWESTERLY ALONG THE WESTERLY LINE OF SAID ALLEY S43 °56'28 "W, A DISTANCE OF 463.31 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL B, HISTORIC ARKANSAS RIVERWALK PROJECT, FILING ONE, SAID POINT BEING ON A NON - TANGENT CURVE; THENCE ON SAID NON - TANGENT CURVE, WHOSE CENTER BEARS N51 °04'52 "E HAVING A RADIUS OF 477.82 FEET, A CENTRAL ANGLE OF 52 °31'26 ", AN ARC LENGTH OF 438.03 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF GRAND AVENUE, AS PLATTED WITH SAID HISTORIC ARKANSAS RIVERWALK PROJECT, FILING ONE; THENCE ON SAID NORTHERLY RIGHT -OF -WAY LINE THE FOLLOWING FIVE (5) COURSES: 1954164 ORD 09/03/2013 03:11:13 PM Page: 2 of 3 R 21.00 D 0.00 T 21.00 Gilbe Ortiz C lerk /Recorder, Pueblo County, Co III Ire ��11 �i�h�� I vaiti yi 11111 1) S88 °33'26 "W, A DISTANCE OF 3.45 FEET TO A POINT OF TANGENT CURVE; 2) ON THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 477.82 FEET, A CENTRAL ANGLE OF 64 °17'07 ", AN ARC LENGTH OF 536.11 FEET TO A POINT OF TANGENT; 3) N27 °09'27 "W, A DISTANCE OF 169.42 FEET TO A POINT OF TANGENT CURVE; 4) ON THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 540.00 FEET, A CENTRAL ANGLE OF 18 °57'43 ", AN ARC LENGTH OF 178.71 FEET TO A POINT OF TANGENT; 5) N46 °07'10 "W, A DISTANCE OF 86.41 FEET TO THE SOUTHERLY RIGHT - OF -WAY LINE OF CENTRAL MAIN STREET THENCE ON SAID SOUTHERLY RIGHT -OF -WAY LINE N43 °55'06 "E, A DISTANCE OF 359.86 FEET TO THE SOUTHERLY RIGHT -OF -WAY LINE OF RICHMOND AVENUE; THENCE ON SAID SOUTHERLY RIGHT -OF -WAY LINE THE FOLLOWING THREE (3) COURSES: 1) S45 °56'34 "E, A DISTANCE OF 5.00 FEET; 2) S46 °02'51 "E, A DISTANCE OF 295.15 FEET; 3) S46 °03'32 "E, A DISTANCE OF 220.00 FEET TO THE POINT OF BEGINNING, CONTAINING A CALCULATED AREA OF 207,962 SQUARE FEET OR 4.7741 ACRES, MORE OR LESS. attached hereto, is hereby approved. SECTION 2. The subdivision is approved with the following conditions: 5. All overhead electric lines, under 30kV, must be undergrounded. The cost of this shall be included in the Subdivision Improvement Agreement prior to recording of the subdivision. 6. The applicant for the Police Building (130 Central Main) must apply for a revocable permit for the existing stairs to access the building prior to approval of any building permits. 7. There is no existing water service into proposed Lot 3. Show service line stub -in on utility plan and include in the Subdivision Improvement Agreement. 8. Staff recommends submitting a phasing plan with the Part II submittal. SECTION 3. The acceptance of such dedicated streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. 1954164 ORD 09/03/2013 03:11:13 PM Page: 3 of 3 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co �'m it SECTION 4. III MAT rLr 1� 1 IA �fl Neither the adoption of this Ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this Ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this Ordinance or in the City's subdivision Ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. SECTION 5. This Ordinance shall be approved and effective upon final passage, provided, however, that the final plat complies with Chapter 4 of Title XII of the Pueblo Municipal Code and with the subdivision requirements of the City with such modifications, if any, approved by City Council, and has been filed with and approved by the Director of Public Works, (b) the conditions of Section 2 have been agreed to in writing by the subdivision developer, and (c) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. All information, documents, drawings and profiles required by Chapter 4 of Title XII of the Pueblo Municipal Code shall be submitted and filed with the subdivision plat, except that the filing and approval of required detailed plans and profiles for streets, sanitary sewers, storm sewers and other drainage facilities, off -site easement, covenants or subdivision improvements agreement, described in a written instrument mutually acceptable to the subdivider and the Director of Public Works may be deferred for up to one (1) year from the date the final subdivision plat is approved by ordinance adopted by the City Council (the "Deferred Filings "). If a complete set of such Deferred Filings are for any reason not filed with and approved by the Director of Public Works within said one -year period, the ordinance conditionally approving the final subdivision plat may be rescinded and repealed by Ordinance adopted by City Council not sooner than thirty (30) days after written notice of such deficiency is given to the subdivision developer. No vested rights shall accrue to the subdivision or be acquired until such Deferred Filings are approved by the Director of Public Works and recorded in the office of the Pueblo County Clerk and Recorder. 7 4-051.0, Cp a o� INTRODUCED: July 22, 2013 / i , ilk, • UNCILPE 7:oN \ • � I /t 'z APPR• ED: ■ L 03/ ' - ESIDENT OF CITY COUNCIL \`�i' a ,: +,�►.,. ATTEST %�+' . • CITY CLERK PASSED AND APPROVED: August 12, 2013 Background Paper for Proposed ORDINANCE DATE: JULY 22, 2013 AGENDA ITEM # R-3 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JULIE ANN WOODS, AICP/ASLA, DIRECTOR TITLE AN ORDINANCE APPROVING THE HISTORIC ARKANSAS RIVERWALK PROJECT, FILING NO. 3 SUBDIVISION PLAT ISSUE Should City Council approve the request to resubdivide the 4.77-acre (207,781.2 square foot) property into three (3) lots and two (2) parcels? RECOMMENDATION The Planning and Zoning Commission, at their June 12, 2013 Regular Meeting, voted 4-0 to recommend approval with the following conditions: 1. All overhead electric lines, under 30kV, must be undergrounded. The cost of this shall be included in the Subdivision Improvement Agreement prior to recording of the subdivision. 2. The applicant for the Police Building (130 Central Main) must apply for a revocable permit for the existing stairs to access the building prior to approval of any building permits. 3. There is no existing water service into proposed Lot 3. Show service line stub-in on utility plan and include in the Subdivision Improvement Agreement. 4. Staff recommends submitting a phasing plan with the Part II submittal. BACKGROUND The subject property is located at HARP Gateway Park, north of Alan Hamel Avenue and east of Central Main Street. The applicant is proposing to resubdivide the 4.77- acre parcel of land into three (3) lots and two (2) parcels, to facilitate the continued development of the Riverwalk and for the development of the old police building, located at 130 Central Main Street. The old police building will be located on Lot 1, the existing HARP offices and the HARP area to the east of the main river channel will be located on Lot 2, and the existing parking lot off of Alan Hamel Avenue will be located on Lot 3. Parcel A will be located over the existing river channel extension and Gateway Plaza (as conditioned) and the police annex building (current City Finance Dept. Office) is the proposed location of Parcel B. The proposed plat is conditioned to be amended to eliminate Parcel C and dedicate it to public right-of-way. In addition, the project is dedicating an additional five feet (5’) of right-of-way along Alan Hamel Avenue and Central Main Street to provide for sufficient space for compliance with the City Center Streetscape Standards. Specifics of the old police building and any future structure have not been submitted as part of the subdivision and rezoning, but will be required to be submitted for review and approval by the Planning and Zoning Commission, prior to a building permit being issued. FINANCIAL IMPACT There is no immediate financial impact, but by virtue of approving this subdivision, proposed Lot 1 (old police building) would be able to be sold to a private developer at which time the land becomes taxable and would generate future tax dollars. Reception 1954166 09/03/2013 03:11:13 PM ID R M W ICH c d hOla k In SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on Gt 6" �9 , 2 / 3 , between the CITY OF PUEBLO, a Municipal Corpo tion ( "City "), and Pueblo Urban Renewal Authority, a body corporate and politic of the state of Colorado, and the City of Pueblo, a municipal corporation ( "Subdivider "). RECITALS WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit "A "; and WHEREAS, the Subdivider, as a condition of approval of the final plat of Historic Arkansas Riverwalk of Pueblo (HARP) Filing No. 3 ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the Pueblo Municipal Code; and WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ( "Required Public Improvements "); and WHEREAS, the Required Public Improvements are generally described in the attached Exhibit "B" and shown on approved construction plans and documents on file in the office of the City's Director of Public Works ( "Plans and Documents "). WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is obligated to provide security or collateral sufficient in the judgement of the Director of Public Works to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the foregoing and the following mutual covenants and agreements, the City and Subdivider agree as follows: 1. Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an DPW 101 Dec. 2007 1954166 SUBD_AG 09/03/2013 03:11:13 PM Page: 2 of 11 R 61.00 D 0.00 T 61.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co iii ' jEm 71A1L '' rili dal ' 1M V r. I6 :' 'h I II escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit ". 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the cost of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer to the proposed building site. In any case where the block, as later defined, exceeds one thousand (1000') feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted Required Public Improvements in at least one half (1/2) of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter at the mid -block point and barricade such street so that no through traffic shall be permitted beyond the point to which the estimate of Director of Public Works is based. 4. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recent proposed site and existing improvements. 5. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be a lien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. DPW 101 2 May 2009 1954166 SUBD_AG 09/03/2013 03:11:13 PM Page: Pa 3 of 11 R 61.00 D 0.00 T 61.00 Gilbert i gg i nE klig A nita i N d I lit& MI II I 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. 7. As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought, have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and the restriction on the issuance of building permits contained in Paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors, and assigns of the Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks, and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights -of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to compete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public DPW 101 3 May 2009 1954166 SUBD_PG 09/03/2013 03:11:13 PM Page: 4 of 11 R 61.00 D 0.00 T 61.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co 1 111 Works, Subdivider and the subdivided land shall remain liable and responsible for all Required Public Improvements. 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots and shall include the full width of all streets upon which such lots abut. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage facilities, stormwater detention facilities, or maintenance and restoration of adjacent drainage channels, and /or associated improvements and revegetation (the "facilities "), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefore approved by, and on file with the City, and thereafter, the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right (but not the obligation) to inspect, control, repair, replace and maintain the facilities and to recover all costs and expenses therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain, or replace the facilities shall not subject the City to any liability for such failure. 12. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear, the holder of such indebtedness or encumbrance shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions. 13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation arising out of this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. Venue for any such litigation shall be Pueblo County, Colorado. 14. City and Subdivider have attempted by the attached Exhibit "B" and Plans and Documents to describe all Required Public Improvements to be constructed and DPW 101 4 May 2009 1954166 SUBDAG 09/03/2013 03:11:13 PM Page: 5 of 1 _ 1 R 61. 00 Dr 0.00 T 61.00 Gilbert O rtiz Clerk /Recorde, Pueblo County, Co III Ti 9IVY! W M11; ,V 141411111 installed by Subdivider with respect to the Subdivision. However, if the attached Exhibit "B" and Plans and Documents fail to describe or to include, for any reason, any Required Public Improvement described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ( "Omitted Public Improvement "), Subdivider shall not be released or discharged from Subdivider's obligation to construct and install the Omitted Public Improvement in the time and manner contained in this Agreement and Chapter 4, Title XII of the Pueblo Municipal Code. In order to determine whether or not there are Omitted Public Improvements, the following shall be applicable: (a) If the Required Public Improvements are constructed and installed within ten (10) years from the date hereof, or within a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Council and interpreted as of the date hereof shall control, unless adherence to a more recent standard does not require significant engineering modifications or major revisions to the plans and documents. For the purposes of this subsection, a major revision is defined as, but not necessarily limited to the relocation or re- alignment of any curb and gutter, sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or type of sewer mains, inlets, curb and gutter or sidewalk. (b) If the Required Public Improvements are constructed and installed after ten (10) years from the date hereof, or after a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Coucil and interpreted as of the date the Required Public Improvements are constructed and installed shall control. (c) If Chapter 4 of Title XII and /or the standards and specifications approved by the City Council are modified or amended to conform with the requirements of federal or state law, rules or regulations prior to the construction and installation of the Required Improvements, they shall control as so modified and amended. 15. Except for guarantee and obligation to correct defects required by Section 12-4 - 7(j)(9) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to extend any obligation of the Subdivider beyond the date of written approval and accepted by the Director of Public Works of the Required Public Improvements described in attached Exhibit "B ", provided, however that the obligation of the Developer to construct or install any Omitted Public Improvements will cease following two (2) years from the date of acceptance of the Required Public Improvements described in the attached Exhibit `B" by the Director of Public Works. DPW 1 5 May 2009 1954166 SUBD AG 09/03/2013 03:11:13 PM Page: 6 of 11 R 61.00 D 0.00 T 61.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co III FaCIMINNIV,IIIMPAJAR ER Li MI111 16. All Required Public Improvements shall be constructed and installed in compliance with all applicable standards and specifications approved by City Council. 17. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. 18. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as described above. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. Pueblo Urban Renewal Authority and the City of Pueblo Su. 4110 � (SEAL) B : : y: The foregoing instrument was acknowledged before me on CLls us4- IZ i Z 0/3 , by CDGtr L. 2.0 .. , Subdivider. My commission expires: (1 AL WILKERSON G4L- - CHERYL L. W Notary Public NOTARY STATE OF COLORADO CITY OF PUEBL • ..:.- : ' • .: o ..ration r ltd ,w My Commission Expires � -- � . 4��x.o. iro`� - ®4' 14' ��_ ...� � - ' d nt of City Counci TEST: r ■ ?� 1 ' A. � Ci Clerk STATE OF COLORADO ) RF / ) ss. COUNTY OF PUEBLO The foregoing instrument was acknowledg- befor- me this -6 day of Wit , .r I by /r i. d' Ma/ _ r , as President f City Council, and N NI ' EN' as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. DPW 101 6 May 2009 1954166 SUBD_AG 09/03/2013 03:11:13 PM Page: 7 1 R . D 0.00 T 61.00 Gilbert Ort iz 1 Clerk /Re der Pueblo County, Co III �r Pr� 1 11 1 LORENN15310 N on expir ;s: ' - 91- 2O t NOTARY PUBLIC STATE OF COLORADO ���• I I 11 ` Le. Notary Public APPROVED AS TO FORM: City Attorney DPW 101 7 May 2009 1954166 SUBD_AG 09/03/2013 03:11:13 PM Gilbert / Reco d e D r, P ueblo o un 0 tyy , C o EXHIBIT A LEGAL DESCRIPTION A PORTION OF LOT 4 AND ALL OF LOTS 5 THROUGH 14, BLOCK 3, A PORTION OF LOT 6 AND ALL OF LOTS 7 THROUGH 22, INCLUSIVE, AND PART OF LOT 23, BLOCK 4, THE ALLEY IN BLOCK 4 BETWEEN LOTS 6 THROUGH 14 AND LOTS 15 THROUGH 23, CENTRAL PUEBLO, RECORDED IN BOOK 2B AT PAGE 31 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER, TOGETHER WITH PARCEL B, HISTORIC ARKANSAS RIVERWALK PROJECT, FILING ONE, RECORDED AT RECEPTION NO. 1289663 IN SAID RECORDS, BEING A PORTION OF THE EAST ONE -HALF OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE CENTERLINE OF CENTRAL MAIN STREET, FROM ITS INTERSECTION WITH THE CENTERLINE OF GRAND AVENUE TO ITS INTERSECTION WITH THE CENTERLINE OF RICHMOND AVENUE MONUMENTED AT BOTH ENDPOINTS BY 3 1/4" ALUMINUM CAPS STAMPED "JR ENG RLS 31161 ", WITH THE LINE CONSIDERED TO BEAR N43 °55'06 "E. BEGINNING AT THE EASTERNMOST CORNER OF LOT 14, BLOCK 3, CENTRAL PUEBLO, SAID POINT BEING ON THE WESTERLY LINE OF THE ALLEY IN SAID BLOCK 3 AND SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT -OF -WAY LINE OF RICHMOND AVENUE; THENCE SOUTHWESTERLY ALONG THE WESTERLY LINE OF SAID ALLEY S43 °56'28 "W, A DISTANCE OF 463.31 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL B, HISTORIC ARKANSAS RIVERWALK PROJECT, FILING ONE, SAID POINT BEING ON A NON - TANGENT CURVE; THENCE ON SAID NON - TANGENT CURVE, WHOSE CENTER BEARS N51 °04'52 "E HAVING A RADIUS OF 477.82 FEET, A CENTRAL ANGLE OF 52 °31'26 ", AN ARC LENGTH OF 438.03 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF GRAND AVENUE, AS PLATTED WITH SAID HISTORIC ARKANSAS RIVERWALK PROJECT, FILING ONE; THENCE ON SAID NORTHERLY RIGHT -OF -WAY LINE THE FOLLOWING FIVE (5) COURSES: 1) S88 °33'26 "W, A DISTANCE OF 3.45 FEET TO A POINT OF TANGENT CURVE; 2) ON THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 477.82 FEET, A CENTRAL ANGLE OF 64 °17'07 ", AN ARC LENGTH OF 536.11 FEET TO A POINT OF TANGENT; 3) N27 °09'27 "W, A DISTANCE OF 169.42 FEET TO A POINT OF TANGENT CURVE; t(% 1954166 SUBD_AG 09/03/2013 03:11:13 PM Page: 90 of 11 R 6 D 000 T 61.00 Gilbert rtiz Clerk /R der, Pueb Co County, iii 'AEI, 11111 4) ON THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 540.00 FEET, A CENTRAL ANGLE OF 18 °57'43 ", AN ARC LENGTH OF 178.71 FEET TO A POINT OF TANGENT; 5) N46 °07'10 "W, A DISTANCE OF 86.41 FEET TO THE SOUTHERLY RIGHT-. OF-WAY LINE OF CENTRAL MAIN STREET THENCE ON SAID SOUTHERLY RIGHT -OF -WAY LINE N43 °55'06 "E, A DISTANCE OF 359.86 FEET TO THE SOUTHERLY RIGHT -OF -WAY LINE OF RICHMOND AVENUE; THENCE ON SAID SOUTHERLY RIGHT -OF -WAY LINE THE FOLLOWING THREE (3) COURSES: 1) S45 °56'34 "E, A DISTANCE OF 5.00 FEET; 2) S46 °02'51 "E, A DISTANCE OF 295.15 FEET; 3) S46 °03'32 "E, A DISTANCE OF 220.00 FEET TO THE POINT OF BEGINNING, CONTAINING A CALCULATED AREA OF 207,962 SQUARE FEET OR 4.7741 ACRES, MORE OR LESS. PROPERTY DESCRIPTION STATEMENT I, KENNETH D. BAKER, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION WAS PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS CORRECT. e * o . 0 t i WZ 8- 4-2o13 � e / i �-v x 15606 (61/ ‘ `<e ‘ 1, / ,4/. LAND KENNETH D. BAKER, PROFESSIONAL LAND SURVEYOR COLORADO NO. 15606 FOR AND ON BEHALF OF JR ENGINEERING, LLC 1954166 SUBD AG 09/03/2013 03:11:13 PM Page: 10 of 1i R 61.00 D 0.00 T 61.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ly d P � II NINA BM SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: N i 51-oti c Ark sy s R: v cr�,.w a\ !c Pr e c + F; l; n 3 3 DEVELOPER: P d,/o Llrba Renewal 4-c +o rs' + � w/ C �� o 4 due j / 0 ENGINEER: ` f Ens n e e r; n 9 L L L Itemization of Required Public Improvements (Use Unit Prices Approved by Public Works in Preparation of Exhibit "B ") This is an estimate only. Actual construction costs may vary. PREPARED BY: 54-eve R o s S o 1 1 FIRM: JR En c) n - ■ r , L LC The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the Subdivision by Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council, (ii) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements and (ii) the unit prices shown hereon are the most current unit prices provided by the City of Pueblo. / [P.E. SEAL] _ _ -. 9 4,4 Professional Engineer Date 00 1 R E G/ L t #t t <• 4 • 34655 I A111/1 REVIEWED BY: r +Q $ /1 Director of Public Works ate DPW 101 8 May 2009 1954166 SUBD AG 09/03/2013 03:11:13 PM Pa 11 of 11 R/ 6 D 0.00 T 61 Gilber Or tiz Cler /Re Pueblo Count Co III 1 PJNII i NI Riutut1i .N`�h ti tali. J 1111 Engineer's Opinion of Estimated Costs for Public Improvements Historic Arkansas Riverwalk Project Filing No. 3 All Costs Include Labor and Materials. Item # Description Quantity Unit Unit Cost Total Cost Lot 2 Sanitary Sewer Sawcut Existing Asphalt (12' L x 6' W) 30 LF $20.00 $600.00 Replace Existing Asphalt (assume 6 ") 8 SY $23.50 $188.00 Service Line 1 EA $1,200.00 $1,200,00 Relocate Overhead Utilities to Underground Relocate Electric to Underground 214 LF $100.00 $21,400.00 10% Contingency $2,338.80 Subtotal $23, 738.80 Lot 3 Sanitary Sewer Sawcut Existing Asphalt (12' L x 6' W) 30 LF $20.00 $600.00 _ Replace Existing Asphalt (assume 6 ") 8 SY $23.50 $188.00 Service Line 1 EA $1,200.00 $1,200.00 Relocate Overhead Utilities to Underground Relocate Electric to Underground 121 LF $100.00 $12,100.00 10% Contingency $1,408.80 Subtotal $13,508.80 I Total Public Improvements $37,247.601 City of Pueblo Engineer's Opinion of Costs Page 1 of 1 Reception 1954167 09/03/2013 03:11:13 PM ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the 4/ /9 Subdivision Improvements Agreement for Historic Arkansas Riverwalk of Pueblo (HARP) Piling No. 3 (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. The Subdivider will develop the Subdivision in separate phases in the sequence described in the attached Exhibit "A ". 2. The Subdivider shall construct and install all Required Public Improvements in the manner and as described in the Subdivision Improvements Agreement needed and required to serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A ". 3. For purposes of determining the extent and timing of the Required Public Improvements, each Phase shall be considered as a separate subdivision. 4. After completion of all Required Public Improvements for any Phase and approval thereof by the Director of Public Works, the City will release the lots in that Phase from the Subdivision Improvements Agreement and this Addendum. 5. Any development of the Subdivision contrary to the phasing sequence set forth in paragraph 1 above without the prior written approval of the Director of Public Works ( "Director ") shall constitute a breach of the Subdivision Improvements Agreement and this Addendum and City may thereafter refuse to approve the issuance of building permits for construction within the Subdivision. 6. No modifications to the phasing sequence set forth in the attached Exhibit "A" shall be approved by the Director until (a) Subdivider's engineer certifies in writing that the requested modifications will not result in any lot in the Subdivision being inadequately served by required public improvements, (b) Subdivider furnishes title information satisfactory to the City showing all persons and entities having a recorded interest in all lots within the Subdivision ( "Interested Parties "), and (c) all Interested Parties execute and acknowledge their consent to and approval of the modification to the phasing sequence in form and content approved by the City Attorney. 7. The Subdivision Improvements Agreement as amended by this Addendum shall remain in full force and effect and the covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and Subdivider and their respective heirs, personal representatives, successors, and assigns. Executed at Pueblo, Colorado, as of 44/9. /6 , Z(2 /3 . Pueblo Urban Renewal Authority and the City of Pueblo Subdivider DPW 103 1/6/04 ----------- - - - - -- 1954167 ADD AGR 09/03/2013 03:11:13 PM Pa e: 2 of 3 _ R 2 1.00 D 0.00 T 21.00 �� Mill i ®rl I k t I i � D i flu AK i oitu En " B / STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this /G day of l^ , 2sgl, by 1^n L. i L. I te CI , Subdivider. Witness my hand and official seal. My commission expires: 0 3 /o $ / o 1 4. . .._._, / a . Lt4,.4,//L- CI<ig}RYj.II,..IWILKERSON Notary V blic NOTARYPUBLIC STATE OF COLORADO My Commission Expires 0 • al CITY O ' ° :Le a , I. icipal Co 1 ation y l —4 01111111111- " v./ 'rest • ent of the Council DPW 103 1 /6/04 1954167 ADD_AGR 09/03/2013 03:11:13 PM Pa 30 3 R 21 0.00 Tl 2 1 .00 Gilbe rt iz C lerk /Recor d r, Pueblo C ounty, Co 111 M ti v ?ISM :11: �k I M111 di X 111 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" The Subdivider will develop the Subdivision in separate phases in the following sequence: (a) Phase I shall consist of the following lots within the Subdivision: L o 4- 1 (b) Phase II shall consist of the following lots within the Subdivision: Loo- 2_ ) hASe 14\ 5\r\o.\1 cov\s;s+ p ! +vve- 1o �J;n q lo w L. o k- 3 N 0+e- : T he e\nck s rnat or ,'nal +>o 4- be deJ e \o? ea ; fl o rA e,' i c &\ o r e ^r , DPW 103 1/6/04 Reception 1954155 09/03/2013 03:11:13 PM EASEMENT AND RIGHT OF WAY •• THI S E A SEMENT, granted this ' day of Ql7C�V S E , 20 13 , by Pueblo Urban Renewal Authority, g to PUEBLO, a Municipal Corporation, Grantee: c?o�y Ceceora{e. 0.Y.d p o t ; cp O -"e Sko. oc C0\0(0 WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of ingress and egress in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as Lot 1 of Historic Arkansas Riverwalk Project Filing 3 and described as follows: (the "Property ") See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this 21 day of CIO I U5 \ , Zo 13 . GRANTO'/ By: ///! ��',0/i.- COUNTY OF PUEBLO ) ) ss. 411F STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 2 ( day of Uu , Z013 , by Loa L. 1rt� ji ('D . Witness my hand and official seal. " \ re© on expires: 3 1 C.):* Spi VS. : _01 EA __-6 Notary Public P,k•' : ....,:f);••• ............ 1954155 EASE 09/03/2013 03:11:13 PM Page: 20 o 4 R 26.00 D 0 .00 T 26.0 Gilbert rtiz Cl erk /Recorder, Pueblo Count y , Co PM � ' W ti � t EH JR ENGINEERING A Westrian Company HISTORIC ARKANSAS RIVERWALK PROJECT INGRESS /EGRESS EASEMENT 01 PROPERTY DESCRIPTION A PARCEL OF LAND BEING A PORTION OF BLOCK 4, CENTRAL PUEBLO, LOCATED IN THE SOUTHEAST ONE - QUARTER OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE CENTERLINE OF CENTRAL MAIN STREET, FROM ITS INTERSECTION WITH THE CENTERLINE OF ALAN HAMEL AVENUE (FORMERLY KNOWN AS GRAND AVENUE) TO ITS INTERSECTION WITH THE CENTERLINE OF RICHMOND AVENUE MONUMENTED AT BOTH ENDPOINTS BY 3 1/4" ALUMINUM CAPS STAMPED "JR ENG RLS 31161 ", WITH THE LINE CONSIDERED TO BEAR N43 °55'06 "E. COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF CENTRAL MAIN STREET AND ALAN HAMEL AVENUE; THENCE ON THE CENTERLINE OF CENTRAL MAIN STREET, N43 °55'06 "E A DISTANCE OF 36.09 FEET; THENCE S46 °04'54 "E A DISTANCE OF 40.00 FEET, TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF CENTRAL MAIN STREET; THENCE ON SAID EASTERLY RIGHT -OF -WAY LINE, N43 °55'06 "E A DISTANCE OF 165.83 FEET; THENCE S46 °14'44 "E A DISTANCE OF 5.00 FEET, TO THE POINT OF BEGINNING; THENCE ON A LINE BEING 5.00 FEET EASTERLY OF AND PARALLEL WITH SAID EASTERLY RIGHT -OF- WAY LINE, N43 °55'06 "E A DISTANCE OF 10.00 FEET; THENCE S46 °14'44 "E A DISTANCE OF 68.19 FEET, TO A POINT OF NON - TANGENT CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT WHOSE CENTER BEARS S21 °58'54 "E, HAVING A RADIUS OF 17.00 FEET, A CENTRAL ANGLE OF 34 °28'34" AND AN ARC LENGTH OF 10.23 FEET, TO A POINT OF NON - TANGENT; • 7200 S Alton Way, Suite C400, Centennial, CO 80112 303 - 740 -9393 • Fax: 303 -721 -9019 • www.jrengineering.com 7/1/2013 X:\2500000.a11\2506200 \Word \Legals\2506200LX01 - INGRESS - EGRESS.doc SHEET 1 OF 3 1954155 EASE 09/03/2013 03:11:13 PM Page: 3 o f 4 R 26. D 0 .00 T 26.00 Gilbert Ortiz Cle /Reco Pueb ihritiVsk n Co IJI I �� 16�`a MI111 THENCE N46 °14'44 "W A DISTANCE OF 66.99 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 671 SQUARE FEET OR 0.0154 ACRES. PROPERTY DESCRIPTION STATEMENT I, KENNETH D. BAKER, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT. L • c/1/ ' KENNETH D. BAKER, PROFESSIONAL LAND SURVEYOR , ,� COLORADO NO. 15606 ; -o :" 15606 � FOR AND ON BEHALF OF JR ENGINEERING, LLC � o : 2_Z LAN ' • 7200 S Alton Way, Suite C100, Centennial, CO 80112 303 - 740 -9393 • Fax: 303 -721 -9019 • www.jrengineering.com 7/1/2013 X:\2500000.a11\2506200 \Word \Legals\2506200LX01 - INGRESS - EGRESS.doc SHEET 2 OF 3 3 -1/4" ALUM /NUM CAP EXHIBIT STAMPED.' JR ENG RLS 31161 CITY OF PUEBLO CON TROL MON. LOT 4, BLOCK 1 CENTRAL MA /N ST & RICHMOND A VE. PUEBLO CE// /ER 1 '5V — F /LING THREE I ID( -vc0 LOT 14 LOT 15 = MI 1- 7 l co 0 Z SE1 /4 SEC. 36, _ ; Z - /0 T.20S., R. 65W. (5) ^ 1 � ,� I a a mp WJ I ~ --N �u CO Q — — I U I — — wo-- -. O z Z BLOCK 4 , BLOCK 4 m� rn N U CENTRAL PUEBLO J CENTRAL PUEBLO 20-0E d. 'CC I- ._3 NG m Z U Z I J m -- -- mNrE m I- 41 N43'55'06 "E w e � � Z 0 10.00' Na — 0 S4614'44 "E w,..., 68.19' �� ° =, 1, S46'14'44 "E —_ — — — — a ui �� > 5.00' , m 2 66.99 • O N46'14'44 "W A= 34'28'34" N LOT 10 R= 17.00' L =10.23 N POINT OF BEGINNING 10' INGRESS/ EGRESS EASEMENT O co 0. Sri , co 0 ii oI W In I w I M ch ': cc o S46'04'54 "E LOT 7 PARCEL B HISTORIC RIVERWALK 40.00 PROJECT FILING NO. ONE 0 N O 1 - N - -- - -- _ LOT 25 t o POINT OF COMMENCEMENT — _ LI 1 3-1/4" ALUM /NUM CAP ALAN HAMEL A VE To rn STAMPED: JR ENG RLS 31161 (R. 0. y C /TY OF PUEBLO CONTROL MON. W' VARIES) ALAN HAMEL A VE. & CENTRAL MA /N ST. 50 25 0 50 ORIGINAL SCALE: 1" = 50' N • NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT 8 IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION. N INGRESS /EGRESS EASEMENT EXHIBIT 01 JR. ENGINEERING • HISTORIC ARKANSAS RIVERWALK PROJECT A Westrlan Company PROJECT NO.: 25062.00 x DATE: 07/01/2013 SHEET: 3 OF 3 Fat Sprigs 970-491-9889 • Reception 1954156 09/03/2013 03:11:13 PM EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 2 \ day of Au sL) s , Zo ► 3 , by Pueblo Urban Renewal Authority, Grantor, to PUEBLO, a Municipal Corporation, Grantee: CA boat' Col-pot mr.dpa10-i� Nne Skke o V Co \of cl co WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of utility access and maintenance in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as Lot 1 of Historic Arkansas Riverwalk Project Filing 3 and described as follows: (the "Property ") See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. � SIGNED this 2 1 day of OM V S , 20 13 . GRANTOR , COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 2 I day of � , ( 0 9 U 5 F Zo t3 , b Gcr 1., kroj t( o Witness my hand and official seal. .............. 3 -Z3 1S expires: kttsouR \A U: Notary Public •' PUB0G J 1954156 EASE 09/03/2013 03:11:13 PM Page: 2 of 4 R 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk / Recorder, Pueblo County, Co III r � �� �J r�� 11111 IR ENGINEERING A Westrian Company HISTORIC ARKANSAS RIVERWALK PROJECT UTILITY EASEMENT 02 PROPERTY DESCRIPTION A PARCEL OF LAND BEING A PORTION OF BLOCK 4, CENTRAL PUEBLO, LOCATED IN THE SOUTHEAST ONE - QUARTER OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE CENTERLINE OF CENTRAL MAIN STREET, FROM ITS INTERSECTION WITH THE CENTERLINE OF ALAN HAMEL AVENUE (FORMERLY KNOWN AS GRAND AVENUE) TO ITS INTERSECTION WITH THE CENTERLINE OF RICHMOND AVENUE MONUMENTED AT BOTH ENDPOINTS BY 3 1/4" ALUMINUM CAPS STAMPED "JR ENG RLS 31161 ", WITH THE LINE CONSIDERED TO BEAR N43 °55'06 "E. COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF CENTRAL MAIN STREET AND ALAN HAMEL AVENUE; THENCE ON THE CENTERLINE OF CENTRAL MAIN STREET, N43 °55'06 "E A DISTANCE OF 53.59 FEET; THENCE S46 °04'54 "E A DISTANCE OF 40.00 FEET, TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF CENTRAL MAIN STREET; THENCE S46 °07'10 "E A DISTANCE OF 102.44 FEET, TO THE POINT OF BEGINNING; THENCE N63 °27'28 "E A DISTANCE OF 45.70 FEET; THENCE N82 °11'20 "E A DISTANCE OF 11.68 FEET; THENCE N43 °58'49 "E A DISTANCE OF 15.18 FEET; THENCE S46 °11'09 "E A DISTANCE OF 10.63 FEET; THENCE N44 °09'24 "E A DISTANCE OF 58.02 FEET; THENCE S23 °38'46 "E A DISTANCE OF 22.73 FEET; THENCE S44 °20'40 "W A DISTANCE OF 47.16 FEET, TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 110.00 FEET, A CENTRAL ANGLE OF 22 °16'53" AND AN ARC LENGTH OF 42.78 FEET, TO A POINT OF TANGENT; THENCE S66 °37'33 "W A DISTANCE OF 11.48 FEET; 7200 S Alton Way, Suite C400, Centennial, CO 80112 303 - 740 -9393 • Fax: 303 - 721 -9019 • www.jrengineering.com 7/1/2013 X:\2500000.a11\2506200 \Word \Legals\2506200LX02 - UT.doc SHEET 1 OF 3 1954156 EASE 09/03/2013 03:11:13 PM Page: 3 of 4 R 26.00 D 0.00 T 26.00 Gilbe Orti Clerk /Rec Pueblo Coun Co THENCE S78 °06'26 "W A DISTANCE OF 21.00 FEET; THENCE N46 °07'1 0 "W A DISTANCE OF 29.31 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 3,366 SQUARE FEET OR 0.0773 ACRES. PROPERTY DESCRIPTION STATEMENT I, KENNETH D. BAKER, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT. l / — ° j • 11 KENNETH D. BAKER, PROFESSIONAL LAND SURVEYOR ; ;kr It i d COLORADO NO. 15606 i 0 •1` 15606 • c FOR AND ON BEHALF OF JR ENGINEERING, LLC � �� 7 -2.20 3 11 '-u ;• • J • " $AL LAN _---= 7200 S Alton Way, Suite C100, Centennial, CO 80112 303 - 740 -9393 • Fax: 303 -721 -9019 • www.jrengineering.com 7/1/2013 X:\2500000.a11\2506200 \Word \Legals\2506200LX02 - UT.doc SHEET 2 OF 3 3-1/4" ALUM /NUM CAP EXHIBIT E STAMPED: JR ENG RLS 31161 C /TY OF PUEBLO CONTROL MON. LOT 4, BLOCK 1 CENTRAL MA /N ST & R /CHMOND AVE. PUEBLO CENTER F /L /NG THREE — — 0\ � G 0' I 1I � �� O LOT 14 LOT 15 / SE1 /4 SEC. 36, I = T.20S., R.65W. • -- -- BLOCK 4 BLOCK 4 W • CENTRAL PUEBLO J CENTRAL PUEBLO a m ? % '� Q " N � 1 r+f -� C 0Z O m0a� �i Z Q I' m _ W W J E ct IN is. 0 b mQ rs s�m� hoZ Z i mK`m N w S23'38'46 " as N m Z d 22 ` '� o o y Ct F L OT 10 '... cri z 41 N44'09'24 "E ' i v 58.02' UTILITY EASEMENT N S46'11'09 "E S44'20'40 "W M 10.63' 47.16' N43'S8'49 "E 15.18' A= 2216'53" r i N82'11'20 "E R= 110.00' a I E 11.68' L= 42.78' N63 27 28 45.70' _ _ isi POINT OF S66'37'33 "W S46'04'54 "E BEGINNING 11,48' 40.00' LOT 7 — S46'07'10 "E 102.44' -• 29.31' S78'06'26 "W N o N46'07'10 "W 21.00' - - 0 11) I_ r . PARCEL B °; — POINT O F COMMENCEMENT = = HISTORIC RIVERWALK ri 3-1/4" ALUM /NUM CAP ALAN PROJECT FIL /NG NO. ONE in STAMPED: JR ENG RLS 31161 (R 0 w A AVE LOT 23 m C /TY OF PUEBLO CONTROL MON. V ARIES) 03 ALAN HAMEL AVE. & CENTRAL MA /N ST 50 25 0 50 ___ ORIGINAL SCALE: 1" = 50' N NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION. UTILITY EASEMENT EXHIBIT 02 JR ENGINEERING o HISTORIC ARKANSAS RIVERWALK PROJECT AWeEManCompany PROJECT NO.: 25062.00 DATE: 07/01/2013 SHEET: 3 OF 3 �i° 300- 740-9 • ado 719-593-2593 x Fat Cads 970 -491 -9888 • vmwrergiarigoom Reception 1954157 09/03/2013 03:11:13 PM EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this Z ( day of Ak.., „S , Z C7 �3 , by Pueblo Urban Renewal Authority, rantor, to PUEBLO, a Municipal Corporation, Grantee: o. bo Cor P o roa -e ovixd,?eV *∎ DN' 4 S-6-he oT Co \oMo.Ao WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of utility access and maintenance in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as Lot 2 of Historic Arkansas Riverwalk Proiect Filinc 3 and described as follows: (the "Property ") See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this Z day of AUCV*5 , Zo 15 . / / GRANT • i ' J-/ / COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this Z 1 day of Q09A.sE , z1 , by Goo L Irdj 1( . Witness my hand and official seal. ...''A . .,, -., expires: 3 I .. q..•:: • y_G 1/1/ _____ Notary Public : •. PUBLIC In i ., OF � • 1954157 EASE 09/03/2013 03:11:13 PM 19 g e 2 of 4 R 26.00 D 0.00 T 26 .00 g.R ENGINEERING Gilbert Ortiz c r f� Pl�ti m I111 •� A Westrian Company HISTORIC ARKANSAS RIVERWALK PROJECT UTILITY EASEMENT 03 PROPERTY DESCRIPTION A PARCEL OF LAND BEING A PORTION OF BLOCK 4, CENTRAL PUEBLO, LOCATED IN THE SOUTHEAST ONE - QUARTER OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE CENTERLINE OF CENTRAL MAIN STREET, FROM ITS INTERSECTION WITH THE CENTERLINE OF ALAN HAMEL AVENUE (FORMERLY KNOWN AS GRAND AVENUE) TO ITS INTERSECTION WITH THE CENTERLINE OF RICHMOND AVENUE MONUMENTED AT BOTH ENDPOINTS BY 3 1/4" ALUMINUM CAPS STAMPED "JR ENG RLS 31161 ", WITH THE LINE CONSIDERED TO BEAR N43 °55'06 "E. COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF CENTRAL MAIN STREET AND ALAN HAMEL AVENUE; THENCE ON THE CENTERLINE OF CENTRAL MAIN STREET, N43 °55'06 "E A DISTANCE OF 36.09 FEET; THENCE S46 °04'54 "E A DISTANCE OF 40.00 FEET, TO THE INTERSECTION OF THE EASTERLY RIGHT - OF -WAY LINE OF CENTRAL MAIN STREET AND THE NORTHERLY RIGHT -OF -WAY LINE OF ALAN HAMEL AVENUE (FORMERLY KNOWN AS GRAND AVENUE); THENCE ON SAID NORTHERLY RIGHT -OF -WAY LINE, S46 °07'10 "E A DISTANCE OF 86.41 FEET, TO A POINT OF CURVE; THENCE CONTINUING ON SAID NORTHERLY RIGHT -OF -WAY LINE, ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 540.00 FEET, A CENTRAL ANGLE OF 15 °29'50" AND AN ARC LENGTH OF 146.06 FEET, TO A POINT OF NON - TANGENT; THENCE N59 °22'38 "E A DISTANCE OF 5.00 FEET, TO THE POINT OF BEGINNING; THENCE N51 °38'23 "E A DISTANCE OF 17.34 FEET; THENCE N38 °08'40 "W A DISTANCE OF 36.93 FEET; • THENCE N61 °17'30 "E A DISTANCE OF 3.00 FEET, TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 24 °55'30" AND AN ARC LENGTH OF 87.00 FEET, TO A POINT OF TANGENT; THENCE N86 °13'01 "E A DISTANCE OF 1.00 FEET; 7200 S Alton Way, Suite C400, Centennial, CO 80112 303 - 740 -9393 • Fax: 303 -721 -9019 • www.jrengineering.com 7/1/2013 X:\2500000.a11\2506200 \Word \Legals\2506200LX03 - UT.doc SHEET 1 OF 3 1954157 EASE 09/03/2013 03:11:13 PM Page: 30 of 4 R 2 6.0 0 D 0 .00 T 2 Gilbert r t i z Cl e r kl Re c or d er , Pueblo C o un ty, Co I it 1 THENCE S20 °07'28 "W A DISTANCE OF 5.47 FEET, TO A POINT OF NON - TANGENT CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT WHOSE CENTER BEARS SO4 °08'27 "E, HAVING A RADIUS OF 195.00 FEET, A CENTRAL ANGLE OF 09 °25'57" AND AN ARC LENGTH OF 32.10 FEET, TO A POINT OF NON - TANGENT; THENCE S34 °01'40 "W A DISTANCE OF 18.85 FEET; THENCE S17 °56'27 "E A DISTANCE OF 32.82 FEET, TO A POINT OF NON - TANGENT CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT WHOSE CENTER BEARS S17 °56'27 "E, HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 10 °46'02" AND AN ARC LENGTH OF 28.19 FEET, TO A POINT OF TANGENT; THENCE S61 °17'30 "W A DISTANCE OF 13.79 FEET, TO A POINT OF NON - TANGENT CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT WHOSE CENTER BEARS S60 °29'57 "W, HAVING A RADIUS OF 545.00 FEET, A CENTRAL ANGLE OF 01 °07'17" AND AN ARC LENGTH OF 10.67 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 2,143 SQUARE FEET OR 0.0492 ACRES. PROPERTY DESCRIPTION STATEMENT I, KENNETH D. BAKER, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT. NN NNNNN NNNN \ . <9,t • KENNETH D. BAKER, PROFESSIONAL LAND SURVEYOR ,� • rr C OLORADO NO. 15606 -o : 15606 : � FOR AND ON BEHALF OF JR ENGINEERING, LLC 0 p 7- z -2ui3; .1. kkk�NA L AN • 7200 S Alton Way, Suite C 100, Centennial, CO 80112 303 - 740 -9393 • Fax: 303 -721 -9019 • www.jrengineering.com 7/1/2013 X:\2500000.a11\2506200 \Word \Legals\2506200LX03 - UT.doc SHEET 2 OF 3 EXHIBIT 1 E N_ 3-1/4" ALUM /NUM CAP -- I o I - - STAMPED: JR ENG RLS 31161 I CITY OF PUEBLO CONTROL MON. Q CENTRAL MAIN ST. & RICHMOND AVE. 7 SE1/4 SEC. 36, IL \__. 7:20S, R.65W. LOT 19 C LOT10 W N a Q BLOCK 4 0 CN.� z N CE PUEBLO l'§ m BLOCK 4 N8613'01 "E I ;i- Q CENTRAL PUEBLO 00' S20'07'28 "W w J 5.47' :..Li Q3 Q E-+ _ _ p O Z Z I I SO4'08'27 "E(R) h N c) ~ I 1 ( 24'55'30" . 6=9'25'57" a w I RL?80.00' R= 195.00' Imp L= 32.10' w z - UTILITY i Z w EASEMENT S17'56'27 "E 0 LOT 7 N6117'30"E 5 32.82' 1 S46'04'54 "E 3.00' 7)S 40.00' S 6 F(R L _ *` LOT 23 - . S46'07'10 "E 86.41' 4 = 15 '29'50" - L1 k X10'46'02" o PARCEL 8 R= 540.00' R=150.00' H/STOP/c RIVERWALK L= 146.06' L= 28.19' rn PROJECT FILING NO. ONE A\_ 7 -POINT OF COMMENCEMENT - - - - -- 3 -1/4 " ALUMINUM CAP STAMPED: JR ENG RLS 31161 S60'29'57 "W(R) CITY OF PUEBLO CONTROL MON A LA N • I ALAN HAMEL AVE. & CENTRAL MAIN ST. (R N44 EL N 0, H' Av POINT OF E, N VAR - BEGINNING �� V_ el C 0 o_ x m CURVE TABLE LINE TABLE x CURVE DELTA RADIUS LENGTH LINE BEARING DISTANCE o C1 1'07'17" 545.00 10.67 L1 N59 '22 38 E 5.00 0 4 L2 S34'01'40 "W 18.85' a_ r 5 L3 S6117'30 "W 13.79' 50 25 0 50 0, L4 N51'38'23 "E 17.34' i ORIGINAL SCALE: 1" = 50' L5 N38'08'40 "W 36.93' 9 N NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT LA S IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION. UTILITY EASEMENT EXHIBIT 03 _ ) J R ENGINEERING HISTORIC ARKANSAS RIVERWALK PROJECT o° 1954157 EASE 09/03/2013 03:11:13 PM 888 PROJECT NO.: 25062.00 ��� M :t /Reoorder0 Pueblo . Co x DATE: 07/01/2013 SHEET: III I' � �AI I4C HAWN �6 �I i III Reception 1954158 09/03/2013 03:11:13 PM EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this ZI day of Ac.9905t , Zo CS , by Pueblo Urban Renewal Authority, rantor, to PUEBLO, a Municipal Corporation, Grantee: A b ()Ay corp oi +� d.,�d po\ t4 t v .04-■14 51-..►..ke O Coto ratio WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of utility access and maintenance in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as Lot 2 of Historic Arkansas Riverwalk Project Filing 3 and described as follows: (the "Property ") See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this 71 day of 1 , ?CC'S . GRANTOR / BY IL .. ._ t, i COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this Z I day of 1\0 0 1 ) U , 7013 , by G(Yu L.,, V u i < <D . Witne •.- d and official seal. • ,.\5�1NE... �c 3 -23 -5 'ssldrl ,� �: res: c NOTI • � = (StAL Ry •? -' t_ Q 11 t n. :, AV BL lC Notary Public 195 EASE 09/03/2013 03.11:13 PM Me t r s3 t lz 4 cJ.e k? td P ebTo ou co eI �♦ R ENGINEERING III Fir ® ® 1 VI ® �1 t �r�l�lh I�rJ r�l I II A Westrian Company HISTORIC ARKANSAS RIVERWALK PROJECT UTILITY EASEMENT 04 PROPERTY DESCRIPTION A PARCEL OF LAND BEING A PORTION OF BLOCK 3 AND A PORTION OF VACATED MECHANIC STREET, CENTRAL PUEBLO, LOCATED IN THE SOUTHEAST ONE — QUARTER OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE CENTERLINE OF CENTRAL MAIN STREET, FROM ITS INTERSECTION WITH THE CENTERLINE OF ALAN HAMEL AVENUE (FORMERLY KNOWN AS GRAND AVENUE) TO ITS INTERSECTION WITH THE CENTERLINE OF RICHMOND AVENUE MONUMENTED AT BOTH ENDPOINTS BY 3 1/4" ALUMINUM CAPS STAMPED "JR ENG RLS 31161 ", WITH THE LINE CONSIDERED TO BEAR N43 °55'06 "E. COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF CENTRAL MAIN STREET AND ALAN HAMEL AVENUE; THENCE ON THE CENTERLINE OF CENTRAL MAIN STREET, N43 °55'06 "E A DISTANCE OF 36.09 FEET; THENCE S46 °04'54 "E A DISTANCE OF 40.00 FEET, TO THE INTERSECTION OF THE EASTERLY RIGHT — OF —WAY LINE OF CENTRAL MAIN STREET AND THE NORTHERLY RIGHT —OF —WAY LINE OF ALAN HAMEL AVENUE (FORMERLY KNOWN AS GRAND AVENUE); THENCE ON SAID NORTHERLY RIGHT —OF —WAY LINE, S46 °07'10 "E A DISTANCE OF 86.41 FEET, TO A POINT OF CURVE; THENCE CONTINUING ON SAID NORTHERLY RIGHT —OF —WAY LINE, ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 540.00 FEET, A CENTRAL ANGLE OF 14 °56'33" AND AN ARC LENGTH OF 140.83 FEET, TO A POINT OF NON — TANGENT; THENCE N58 °49'22 "E A DISTANCE OF 21.80 FEET, TO THE POINT OF BEGINNING; THENCE N38 °08'40 "W A DISTANCE OF 12.17 FEET; THENCE N86 °35'15 "E A DISTANCE OF 120.34 FEET; THENCE ON THE ARC OF A CURVE TO THE LEFT WHOSE CENTER BEARS N36 °25'48 "E, HAVING A RADIUS OF 86.00 FEET, A CENTRAL ANGLE OF 11 °02'01" AND AN ARC LENGTH OF 16.56 FEET, TO A POINT OF NON — TANGENT; THENCE S19 °00'47 "W A DISTANCE OF 0.73 FEET; 7200 S Alton Way, Suite C400, Centennial, CO 80112 303 - 740 -9393 • Fax: 303 -721 -9019 • www.jrengineering.com 7/1/2013 X:\2500000.a11\2506200 \Word \Legals\2506200LX04 - UT.doc SHEET 1 OF 3 1954158 EASE 09/03/2013 03:11:13 PM G albert 3 or r ti z 4 Clerk /Reoorder0 P 25.00 ou Co �I � � : 4 11111 THENCE S86°35'1 5"W A DISTANCE OF 126.78 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 1,237 SQUARE FEET OR 0.0284 ACRES. PROPERTY DESCRIPTION STATEMENT I, KENNETH D. BAKER, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT. KENNETH D. BAKER, PROFESSIONAL LAND SURVEYOR ;` / � COLORADO NO. 15606 e • 15606 0 FOR AND ON BEHALF OF JR ENGINEERING, LLC � i : -2 -2o 13; 4 � \` -41. L � '_— 7200 S Alton Way, Suite C I00, Centennial, CO 80112 303 - 740 -9393 • Fax: 303 - 721 -9019 • www.jrengineering.com 7/1/2013 X: \2500000.a11\2506200 \Word \Legals\2506200LX04 - UT.doc SHEET 2 OF 3 EXHIBIT 11\__ I 1---- 3 -1/4 " ALUM /NUM CAP o — — CC --\ STAMP ✓RENGRLS31161 �� CITY OF PUEBLO CONTROL MON. BLOCK 4 LOT 19 CENTRAL MAIN ST. & R /CHMOND A �E. cENrRaL PUEBLO Ci W LOT 1 0 > Ci _ _ a= 11'02'01" o • Q R= 86.00' co � N z L= 16.56' czn Lri I Q J < CO BLOCK 4 N36'25'48 "E(R) \ I CENTRAL PUEBLO � 1 L3 W m g U] H -- -- Li') 0 w 1 SE1/4 SEC. 36, r h (n U 1 T205., R.65W. pt ■ ") to O AD ICO ? d I NI it 70 w z — — — � �, p . w UTILITY � S46'04'54 "E LOT 7 EASEMENT 0 40. - - L r LOT 23 L2, -S46'07 10 "E 86.41'• 6= 14'56'33" — — - I POINT OF o PARCEL B R= 540.00' BEGINNING HISTORIC R/VERWALK L= 140.83' ro PROJECT FILING NO ONE g — POINT OF COMMENCEMENT - - - - -- _ 3 -1/4 " ALUM /NUM CAP — _ - -� STAMPED: JR ENG RLS 31161 o C/TY OF PUEBLO CONTROL MON. AL q N ALAN HAMEL A VE. & CENTRAL MAIN ST , j' p W 4A,„ �qV vAR \ ° N N r 2 , E O O niC d U w E0� E"aii c6 amcMES "' LINE TABLE "U � 0 4 LINE BEARING DISTANCE m o cg L1 N58'49'22 "E 21.80' -.1:30_120 eve a L2 N38'08'40 "W 12.17' mN� 6 L3 S19'00'47 "W 0.73' GM. N 50 25 0 50 a"- Em y W ORIGINAL SCALE: 1" = 50' r "' -.'m m NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT ma g IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION. 11 UTILITY EASEMENT EXHIBIT 04 J•R. ENGINEERING o HISTORIC ARKANSAS RIVERWALK PROJECT AWeatrianCompany PROJECT NO.: 25062.00 DATE: 07/01/2013 SHEET: 3 OF 3 Centerntal 303- 740 -9393 • Cdaado � x Fat Coins 970 -491 -9988 • wwwierp,eeri,gcom Reception 1954159 09/03/2013 03:11:13 PM EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 7 l day of AJc. os , z ° F 5 , by Pueblo Urban Renewal Authority, G antor, to PUEBLO; a Municipal Corporation, Grantee: GA bod Co t Pau l CLI" dot 41 of- 4-■■■e .s k c of C olo f a a o WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of utility access and maintenance in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as Lot 2 of Historic Arkansas Riverwalk Proiect Filing 3 and described as follows: (the "Property ") See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this 71 day of /�I�C�V�F , 7 O■ . GRANT• / BY: //� COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 2 day of • Ac9os\-- , ,by Gc U G L Ir ° U 0 • ' :� nd and official seal. \g,.... Z3 -( U m sih, pires: OA " ` I4/t&c\ -t •• "BL IC otary Public .------..._---- - -- 1954159 EASE 09/03/2013 03:11:13 PM Page: 2 of 5 R .00 D 0.00 Tl 31.00 Gilbert O Clerk /R Pueblo County Co 'r h WidikikIVAII, MI111 JR ENGINEERING A Westrian Company HISTORIC ARKANSAS RIVERWALK PROJECT UTILITY EASEMENT 06 PROPERTY DESCRIPTION A PARCEL OF LAND BEING A PORTION OF VACATED MECHANIC STREET, CENTRAL PUEBLO, LOCATED IN THE SOUTHEAST ONE - QUARTER OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE CENTERLINE OF CENTRAL MAIN STREET, FROM ITS INTERSECTION WITH THE CENTERLINE OF ALAN HAMEL AVENUE (FORMERLY KNOWN AS GRAND AVENUE) TO ITS INTERSECTION WITH THE CENTERLINE OF RICHMOND AVENUE MONUMENTED AT BOTH ENDPOINTS BY 3 1/4" ALUMINUM CAPS STAMPED "JR ENG RLS 31161 ", WITH THE LINE CONSIDERED TO BEAR N43 °55'06 "E. COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF CENTRAL MAIN STREET AND ALAN HAMEL AVENUE; THENCE ON THE CENTERLINE OF CENTRAL MAIN STREET, N43 °55'06 "E A DISTANCE OF 36.09 FEET; THENCE S46 °04'54 "E A DISTANCE OF 40.00 FEET, TO THE INTERSECTION OF THE EASTERLY RIGHT - OF -WAY LINE OF CENTRAL MAIN STREET AND THE NORTHERLY RIGHT -OF -WAY LINE OF ALAN HAMEL AVENUE (FORMERLY KNOWN AS GRAND AVENUE); THENCE ON SAID NORTHERLY RIGHT -OF -WAY LINE THE FOLLOWING THREE (3) COURSES: 1. S46 °07'10 "E A DISTANCE OF 86.41 FEET, TO A POINT OF CURVE; 2. ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 540.00 FEET, A CENTRAL ANGLE OF 18 °57'43" AND AN ARC LENGTH OF 178.71 FEET, TO A POINT OF TANGENT; 3. S27 °09'27 "E A DISTANCE OF 52.47 FEET; THENCE N62 °50'33 "E A DISTANCE OF 108.95 FEET, TO THE POINT OF BEGINNING; THENCE N23 °39'46 "E A DISTANCE OF 48.59 FEET, TO A POINT OF NON - TANGENT CURVE; • THENCE ON THE ARC OF A CURVE TO THE LEFT WHOSE CENTER BEARS N15 °50'46 "E, HAVING A RADIUS OF 86.00 FEET, A CENTRAL ANGLE OF 08 °10'39" AND AN ARC LENGTH OF 12.27 FEET, TO A POINT OF NON - TANGENT; THENCE S23 °39'46 "W A DISTANCE OF 51.12 FEET; 7200 S Alton Way, Suite C400, Centennial, CO 80112 303 - 740 -9393 • Fax: 303 -721 -9019 • www.jrengineering.com 7/1/2013 X:\2500000.a11\2506200 \Word \Legals\2506200LX06 - UT.doc SHEET 1 OF 4 THENCE N66 °20'14 "W A DISTANCE OF 12.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 596 SQUARE FEET OR 0.0137 ACRES. PROPERTY DESCRIPTION STATEMENT I, KENNETH D. BAKER, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT. \ I � p,, I L /0..N% L KENNETH D. BAKER, PROFESSIONAL LAND SURVEYOR COLORADO NO. 15606 -0 • 15606 cc FOR AND ON BEHALF OF JR ENGINEERING, LLC �4� 7-Z -zvi3; y h g •. . ° 1 "‘ NC LAND S = 1954159 EASE 09/03/2013 03:11:13 PM Page: 3 of 5 R 31'130r D 0.00 T 3 1.00 G Ort Clerk /Reco Pueblo , Co C ounty III NU�� I I �'���I� i'� O 11 rgilli 11111 7200 S Alton Way, Suite CI00, Centennial, CO 80112 303 - 740 -9393 • Fax: 303 - 721 -9019 • www.jrengineering.com 7/1/2013 X:\2500000.a11\2506200 \Word \Legals\2506200LX06- UT.doc SHEET 2 OF 4 EXHIBIT 1 ,3-1/4" ALUM /NUM CAP f STAMPED: JR ENG RL S 31161 I CITY OF PUEBLO CONTROL MON. 7 CENTRAL MAIN ST. & RICHMOND AVE. 7 I E LOT 10 0 Z C4 N LOT 18 ^I (2 BLOCK 4 I d, LC _ PUEBL 0 J Lc) �w d 1 1 BLOCK 4 :-) (/) 0 I SE1 /4 SEC. 36, CENTRAL PUEBLO "? N w T.205., R.65W. Z J cc 1:4 o L0T 7 1%1- S46'04'54 "E t- 40.00' — — L = ' 546'07 ' 10 " E 86.41'' 81 5:0-403,-;- _ LOT 23 w o PARCE B R =540 I cn m co HISTORIC RIVERWALK L -17 8 M P FILING NO, ONE . ' S2 j O — POINT OF COMMENCEMENT - - - - -- ` 9 2', 3-1/4" ALUM /NUM CAP _ (R o NAIRL S2 .4 , N STAMPED: JR ENG RLS 31161 �' V A VE C /TY OF PUEBLO CONTROL MON. AR IES) G I ALAN HAMEL AVE. & CENTRAL MAIN ST. N r \ C O O. f X N ai \ O X J O N CO O 4 1954159 EASE 09/03/2013 03:11:13 PM 1 50 25 0 50 G fbert4Ort z k3Reoo d r0 Puebl 3C 0 0v co III !rd I .I ikki; dliii5 0111 1 1I, tiL III I ORIGINAL SCALE: 1" = 50' 9 N NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT o IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION. Tq UTILITY EASEMENT EXHIBIT 06 J•R ENGINEERING Tq g HISTORIC ARKANSAS RIVERWALK PROJECT A Motion Company PROJECT NO.: 25062.00 DATE: 07/01 /2013 SHEET: 3 OF 4 �i° 303- 740 -9098 • Colorado 3 x Fat Cos 970 - 491 -9888 • www igaxn i EXHIBIT I I 1 I SE1 /4 SEC. 36, LOT 10 T.20S., R.6514! Z 46= 8'10'39" - — — s\ R= 86.00' o.\ L= 12.27' LOT 18 s, 0+\ � �J 12 UTILITY Z ` I A SEMEN T — — 1 P N W cr I tit BLOCK 4 �. ` I 1 CENTRAL PUEBLO JP N BLOCK 3 �, CENTRAL PUEBLO cIN MI — — rn 1 N6620'14"W w o / 12.00' 7 N I .1.4.J/ POINT OF O w ,"n ; BEGINNING I N — — o ; W I — o LOT23 �c �� U Q zQ I ANN S2 � og 2,,e _ ; — — (R. 0 ' A 441741. m s2 4j A RIE sJ iii o � � LOT 4 PARCEL B HISTORIC RI VERWALK = �� fsi PROJECT FILING NO. ONE r 0 X of 3t �_ — a F 6 0 o N g E 1954159 ERSE 09/03/2013 03:11:13 PM rn 50 25 0 50 Page: t Cl Pueblo County, Co - - = ., �. � ti l III mciairpimma ktyliun Mit tiNsTiViiiiikili, MI II e. ORIGINAL SCALE: 1" = 50' cm N NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION. lii UTILITY EASEMENT EXHIBIT 06 J•R ENGINEERING HISTORIC ARKANSAS RIVERWALK PROJECT AWeetrianCompany o PROJECT NO.: 25062.00 Z DATE: 07/01 /2013 SHEET: 4 OF 4 it 303- 740 -9393 • Cda 79-593-2593 x Fat Caine 970 -491-9839 • wwwiergiveriigoom Reception 1954160 09/03/2013 03:11:13 PM EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this Z k day of tr u c4 u S , Zd l3 , by Pueblo Urban Renewal Authority, G{antor, to PUEBLO, a Municipal Corporation, Grantee: a \no &C cot P+oe � C oo � o �a L, D c •I-` s Ao WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of utility access and maintenance in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as Lot 3 of Historic Arkansas Riverwalk Project Filing 3 and described as follows: (the "Property ") See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. ��pp fe SIGNED this 2■ day of u u , Z o �3 / 7 GRANTOR l � / / By: .i /�I , ��... L COUNTY OF PUEBLO ) , ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 7 day of 6)0 1k ZO13 , by eck L Tiksy (O Witness my hand and official seal. ,• ' � 3 -Z 3- IS on expires: °I (60/TAP), La6A:41/140. Notary Public . VJ8LIC , scP 1954160 EASE 09/03/2013 03:11:13 PM Page: 2 of 5 R 31.00 D 0.00 T 31.00 ilbe rt ®® Ortiz C1erklRecor P ue bl o Q9Co��un11ty, C 1 o I� I R ENGINEERING EH 1 �• A Westrian Company HISTORIC ARKANSAS RIVERWALK PROJECT UTILITY EASEMENT 07 PROPERTY DESCRIPTION A PARCEL OF LAND BEING A PORTION OF BLOCK 3 AND BLOCK 4, AND A PORTION OF VACATED MECHANIC STREET, CENTRAL PUEBLO, LOCATED IN THE SOUTHEAST ONE - QUARTER OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE CENTERLINE OF CENTRAL MAIN STREET, FROM ITS INTERSECTION WITH THE CENTERLINE OF ALAN HAMEL AVENUE (FORMERLY KNOWN AS GRAND AVENUE) TO ITS INTERSECTION WITH THE CENTERLINE OF RICHMOND AVENUE MONUMENTED AT BOTH ENDPOINTS BY 3 1/4" ALUMINUM CAPS STAMPED "JR ENG RLS 31161 ", WITH THE LINE CONSIDERED TO BEAR N43 °55'06 "E. COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF CENTRAL MAIN STREET AND ALAN HAMEL AVENUE; THENCE ON THE CENTERLINE OF CENTRAL MAIN STREET, N43 °55'06 "E A DISTANCE OF 36.09 FEET; THENCE S46 °04'54 "E A DISTANCE OF 40.00 FEET, TO THE INTERSECTION OF THE EASTERLY RIGHT - OF -WAY LINE OF CENTRAL MAIN STREET AND THE NORTHERLY RIGHT -OF -WAY LINE OF ALAN HAMEL AVENUE (FORMERLY KNOWN AS GRAND AVENUE); THENCE ON SAID NORTHERLY RIGHT -OF -WAY LINE, S46 °07'10 "E A DISTANCE OF 86.41 FEET, TO A POINT OF CURVE; THENCE CONTINUING ON SAID NORTHERLY RIGHT -OF -WAY LINE, ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 540.00 FEET, A CENTRAL ANGLE OF 15 °29'50" AND AN ARC LENGTH OF 146.06 FEET, TO A POINT OF NON - TANGENT; THENCE N59 °22'38 "E A DISTANCE OF 5.00 FEET, TO THE POINT OF BEGINNING; THENCE N51 °38'23 "E A DISTANCE OF 10.09 FEET, TO A POINT OF NON - TANGENT CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT WHOSE CENTER BEARS 559°14'15'W, HAVING A RADIUS OF 555.00 FEET, A CENTRAL ANGLE OF 03 °36'18" AND AN ARC LENGTH OF 34.92 FEET, TO A POINT OF TANGENT; THENCE S27 °09'27 "E A DISTANCE OF 169.42 FEET, TO A POINT OF CURVE; 7200 S Alton Way, Suite C400, Centennial, CO 80112 303 - 740 -9393 • Fax: 303 -721 -9019 • www.jrengineering.com 7/2/2013 X:\2500000.a11\2506200 \Word \Legals\2506200LX07 - UT.doc SHEET 1 OF 4 THENCE ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 462.82 FEET, A CENTRAL ANGLE OF 11°49'50" AND AN ARC LENGTH OF 95.56 FEET, TO A POINT OF NON - TANGENT; THENCE S43 °56'28 "W A DISTANCE OF 10.07 FEET, TO A POINT OF NON - TANGENT CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT WHOSE CENTER BEARS N50 °51'42 "E, HAVING A RADIUS OF 472.82 FEET, A CENTRAL ANGLE OF 11 °58'51" AND AN ARC LENGTH OF 98.87 FEET, TO A POINT OF TANGENT; THENCE N27 °09'27 "W A DISTANCE OF 169.42 FEET, TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 545.00 FEET, A CENTRAL ANGLE OF 03 °27'53" AND AN ARC LENGTH OF 32.96 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 3,006 SQUARE FEET OR 0.0690 ACRES. PROPERTY DESCRIPTION STATEMENT I, KENNETH D. BAKER, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT. KENNETH D. BAKER, PROFESSIONAL LAND SURVEYOR ,+� / COLORADO NO. 15606 , - • 15606 ; ; FOR AND ON BEHALF OF JR ENGINEERING, LLC fi • , ( 1 1 • ...... • ° L I mo / 1 " � IN AL I Al 19541 EASE 09/03/2013 03:11:13 PM Page: 3 of 5 R 31 D 0 .00 T 31 Gilbert Ort Cle /Rec Pblo C ount y , C M III P � P ' ?i �°I I ;Ir ue l 1 ALIwd m1111 7200 S Alton Way, Suite C100, Centennial, CO 80112 303 - 740 -9393 • Fax: 303 - 721 -9019 • www.jrengineering.com 7/2/2013 X:\2500000.aII\2506200 \Word \Legals\2506200LX07 - UT.doc SHEET 2 OF 4 ' / EXHIBIT 1 7 3-1/4" ALUM /NUM CAP — — STAMPED: ✓R ENG RLS 31161 C/TY OF PUEBLO CONTROL MON. CENTRAL MAIN ST. & RICHMOND AVE. SE1 /4 SEC. 36, I— T.205., R.65W. LOT 19 w CC LOT10 a p -- �' Q (!1 U �O Z Q t Z Q O BLOCK 4 BLOCK 4 Q _ CENTRAL PUEBLO CENTRAL PUEBLO W m Q " Q h Ow z N 'n N 0 PARCEL B in H /STOP/C R /VERW4LK 1 03 - W a I PROJECT FLLI/VG /VO. ONE CC F , -- -- Z v L2 I. =3'36'18" U S46'0 "E cor /..") R= 555.00' 40.00' /� L= 3 '36'1 POINT OF_ � � L __ _ BEGINNING 0) — S46'07'10 "E 86.41'— 0 ° — — Li LO T 23 d. R = 54 0.00' ` L= 146.06' X3'27'53 � — POINT OF COMMENCEMENT-- - - - - -- __ R= 545.00' W 3-1/4" ALUM /NUM CAP �� STAMPED.' JR ENG RLS 31161 L= 32.96' 0 N ni CITY OF PUEBLO CONTROL MON. o M I ALAN HAMEL AVE. & CENTRAL MA /N ST ALe4�j N 00 NAME N 0.w vA R I Ave E Ei s) 0 a. X N oo O! ■ 3 a r m 1 - 0 g o LINE TABLE cg ti . ;. LINE BEARING DISTANCE L1 N59'22'38 "E 5.00' 50 25 0 50 J L2 N51'38'23 "E 10.09' 0, ORIGINAL SCALE: 1" = 50' L3 S43'56'28 "W 10.07' 9 0 N NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT 0 8 IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION. ...mar.. _ • UTILITY EASEMENT EXHIBIT 07 -__ _._ O 1954160 EASE 09/03/2013 03:11:13 PM o HISTORIC ARKANSAS RIVERWALK PROJECT Pa e: 4 of 5 R kE 31.00 D 0.00 b T 31.00 o g PROJECT NO.: 250 X • DATE: 07/01/2013 62.00 SHEET: G1 l r ll r einANI J �+ S po Cou : l II III EXHIBIT /Et - 4,W SE1 /4 SEC. 36, L2 /,3 X3'36'18" i Q 1.205., R 65W. /� R= 555.00' W Q LOT 7 M /iP L= 34.92' >, Li . POINT OF_ _/o, _ _ J _ = 3 ) BEGINNING 1 1 N I L1 LOT 23 UTILITY I CENTR � N EASEMENT I �I 0 A= 3'2753 S 2� b g 2� h — — - _ R= 545.00' f ' " L= 32.96' o N2 �' Og� '5. 42, R=462.82' 1'4 h 44144A N ^° w /69 42. L= 95.56' (R O. • ARj ADE \ PARCEL B \ L OT 4 ES ) H /STOR/C R/VERWALK ,11'58'51 J PROJECT FOLINC NO. ONE R= 472.82' L= 98.87' N50'51'42 "E(R) a v M 10 M O N. N a 1954160 EASE 09/03/2013 03:11:13 PM Page: 5 of 5 R 31.00 D 0.00 T 31.00 Gilbert O rtiz Clerk /Recorder, Pueblo County Co o cci III P1471 'illifilifil' I Ili Willa iiiiiiihria lidi, 11111 x LINE TABLE O LINE BEARING DISTANCE CO L1 N59'22'38 "E 5.00' E L 50 25 0 50 L2 N51'38'23 "E 10.09' iii L3 S43'56'28 "W 10.07' ORIGINAL SCALE: 1 = 50' i 9 O NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION. iii UTILITY EASEMENT EXHIBIT 07 JR ENGINEERING HISTORIC ARKANSAS RIVERWALK PROJECT AWeahlanCompany PROJECT NO.: 25062.00 DATE: 07/01 /2013 SHEET: 4 OF 4 Cent 303 - 740 -9(93 • �aD 79- 993 -2593 x Fat Calms 970 - 491 -9888 • wwwjer iheerigcan Reception 1954161 09/03/2013 03:11:13 PM EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this Z I day of Ago , Zo \3 , by Pueblo Urban Renewal Authority, Grantor, to PUEBLO, a unicipal Corporation, Grantee: body C O3r pOf a- - fol:+i c S-ha�ke oar Color a WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of utility access and maintenance in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as Lot 2 of Historic Arkansas Riverwalk Project Filing 3 and described as follows: (the "Property ") See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this 2 . day of Ak.)VSt , 2013 . GRANTO' . / IDe'Vr COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this Z ( day of Al_9(30M• , 203 ,by Go( Lt L.Tft7;i((0 • W' ..,; . nd and official seal. .`SINE 4,1 . 3- Z3 is 4 cp�missi•o' .:`, sires: ( 4 p VeI IC Notary Public 1954161 EASE 09/03/2013 03:11:13 PM Page: 2 of 5 R 31 .00 D 0.00 T 31 Gilbe Or C /R eco r der , Pu C oun.00 ty C o III f r.N X41'' ®I 'I iii' IN �M'a� �lti�tl� o4 !Hi I J R ENGINEERING A Westrian Company HISTORIC ARKANSAS RIVERWALK PROJECT UTILITY EASEMENT 08 PROPERTY DESCRIPTION A PARCEL OF LAND BEING A PORTION OF VACATED MECHANIC STREET, CENTRAL PUEBLO, LOCATED IN THE SOUTHEAST ONE - QUARTER OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE CENTERLINE OF CENTRAL MAIN STREET, FROM ITS INTERSECTION WITH THE CENTERLINE OF ALAN HAMEL AVENUE (FORMERLY KNOWN AS GRAND AVENUE) TO ITS INTERSECTION WITH THE CENTERLINE OF RICHMOND AVENUE MONUMENTED AT BOTH ENDPOINTS BY 3 1/4" ALUMINUM CAPS STAMPED "JR ENG RLS 31161 ", WITH THE LINE CONSIDERED TO BEAR N43 °55'06 "E. COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF CENTRAL MAIN STREET AND ALAN HAMEL AVENUE; THENCE ON THE CENTERLINE OF CENTRAL MAIN STREET, N43 °55'06 "E A DISTANCE OF 36.09 FEET; THENCE S46 °04'54 "E A DISTANCE OF 40.00 FEET, TO THE INTERSECTION OF THE EASTERLY RIGHT - OF -WAY LINE OF CENTRAL MAIN STREET AND THE NORTHERLY RIGHT -OF -WAY LINE OF ALAN HAMEL AVENUE (FORMERLY KNOWN AS GRAND AVENUE); THENCE ON SAID NORTHERLY RIGHT -OF -WAY LINE, S46 °07'10 "E A DISTANCE OF 86.41 FEET, TO A POINT OF CURVE; THENCE CONTINUING ON SAID NORTHERLY RIGHT -OF -WAY LINE, ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 540.00 FEET, A CENTRAL ANGLE OF 18 °57'43" AND AN ARC LENGTH OF 178.71 FEET TO A POINT OF TANGENT; THENCE S27 °09'27 "E A DISTANCE OF 65.44 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT -OF -WAY LINE, N62 °50'33 "E, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; THENCE N62 °50'33 "E, A DISTANCE OF 10.00 FEET; THENCE S27 °09'27 "E A DISTANCE OF 11.97 FEET; THENCE S43 °56'28 "W, A DISTANCE OF 10.57 FEET TO A POINT 5.00 FEET NORTHEASTERLY FROM THE NORTHERLY RIGHT -OF -WAY LINE OF SAID ALAN HAMEL AVENUE; 7200 S Alton Way, Suite C400, Centennial, CO 80112 303 - 740 -9393 • Fax: 303 -721 -9019 • www.jrengineering.com 7/3/2013 X:\2500000.a11\2506200 \Word \Legals\2506200LX08- UT.doc SHEET 1 OF 4 THENCE N27 °09'27 "W ON A LINE 5.00 FEET FROM AND PARALLEL WITH SAID NORTHERLY RIGHT -OF- WAY LINE, A DISTANCE OF 15.39 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 136 SQUARE FEET OR 0.0031 ACRES. PROPERTY DESCRIPTION STATEMENT I, KENNETH D. BAKER, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT. ppO L /C. `h %% °.. ;. ° _ 1, KENNETH D. BAKER, PROFESSIONAL LAND SURVEYOR ; 1// COLORADO NO. 15606 0 e 15606 E FOR AND ON BEHALF OF JR ENGINEERING, LLC // o • 7 - 3•Zo"3 . - 1 :��" t "(9'4L LANp 1954161 EASE 09/03/2013 03.11:13 PM Pagge 3 of 5 R 31 0 0 T 31.00 Gilbert �l•®,If�II �i /RiooiderPueblo Countlov NA 11111 7200 S Alton Way, Suite C100, Centennial, CO 80112 303 - 740 -9393 • Fax: 303 - 721 -9019 • www.jrengineering.com 7/3/2013 X:\2500000.a11\2506200 \Word \Legals\2506200LX08 - UT.doc SHEET 2 OF 4 EXHIBIT I 1 7\_ 3-Y4" ALUM /NUM CAP STAMPED: ✓R ENG RLS 31161 C /TY OF PUEBLO CONTROL MON. CENTRAL MAIN ST & RICHMOND AVE. SE1 /4 SEC. 36, T.20S., R.65W. LOT 19 w LOT >0 CC a N Q C q h I Z Q c0 BLOCK 4 BLOCK 4 I d^, Q CENTRAL PUEBLO W CENTRAL PUEBLO I W COQ H ;n VI 0 1 PARCEL B Fri W H /STORIC RIVERWALK = I CO Z d I PROJECT FILING NO ONE H I- z w LOT 7 S46'04' 54 "E I 40.00' I 546'07'10 "E 86.41'-• 4= 18,57;4 LOT 23 _cif:N_ 3 _ ° R= 540.00' I w L = 17 8.71' I N - POINT OF COMMENCEMENT -- -- _ S27'09'43 "E w 3 -1/4 " ALUM /NUM CAP - -�_ 65.44' v STAMPED: ✓R ENG RLS 31161 C/TY OF PUEBLO CONTROL MON. I ALAN HAMEL AVE. & CENTRAL MA /N ST. (R. p W MME 411 Vg R iES) E 1954161 EASE 09/03/2013 03:11:13 PM ' Mert 4 O r�tiz 5 Clel - k3ReoorderO Co III 6',111:11M X11 M Nu I I IWh1111 50 25 0 50 ORIGINAL SCALE: 1" = 50' NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION. UTILITY EASEMENT EXHIBIT 08 J•R ENGINEERING HISTORIC ARKANSAS RIVERWALK PROJECT A Westrlan Company PROJECT NO.: 25062.00 DATE 07/03/2013 SHEET: 3 OF 4 Centemal 303- 740 -9898 • Cdaado 79-593-2593 Fat Cdks 970 - 4919888 • Wwwiilican i EXHIBIT z W b SE1 /4 SEC. 36, Q Q T.20S., R. 65W v�U L 7 N62'50'33 "E � � ■_ r _ 10.00 I J _A S27'09'27 "E BLOCK 3 Q N LOT 23 11.97' CENTRAL PUEBLO I \ w ' POINT 0 w UTILITY I EASEMENT cn BEGINNIN I S43'56'28 "W cN S27'09'27 "E 1 10.57' — — 65.44' N62'50'33 "E 5.00' —J N27 "W ` — _ LOT 4 AL�gN � 15.39 (R. 0 SA ME o ; = _ W VAR \ o R IE s) \ \ PARCEL B HISTORIC R/VERWALK PROJECT F /L /NG NO. ONE 1954161 EASE 09/03/2013 03:11:13 PM G i 8 lb e r t 5 Or o t f iz rk /Reorder , Pueblo County, Co S 31.00 , 3 50 25 0 50 ill 1010,11CM144 OA reiliRil 4. IRYi IIIII ORIGINAL SCALE: 1" = 50' NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION. UTILITY EASEMENT EXHIBIT 08 J•R ENGINEERING HISTORIC ARKANSAS RIVERWALK PROJECT AWeahianCompany PROJECT NO.: 25062.00 DATE: 07/03/2013 SHEET: 4 OF 4 ' 303- 140 -9393 • Colorado 119-693 -2590 Fort Collis 910 - 491-9983 • wrmtergineeri dam Reception 1954162 09/03/2013 03:11:13 PM EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 2 I day of AuguS t , Zo - 5, by Pueblo Urban Renewal Authority, Grantor, to PUEBLO, a Municipal Corporation, Grantee: a , C A I 4or (a.Me &vb pot: k-15 O r he S 4 o g Colo "LA o WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of pedestrian access in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as Lot 2 of Historic Arkansas Riverwalk Project Filing 3 and described as follows: (the "Property ") See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this Z t day of AU vs , , O 1 • GRANTOR / BY: I % (' �„ / COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this Z ( day of XV'S , , by GC( L • Witness m hand and official seal. ,���li •; res: 3-7 W apTAR ►' 1 `?� Y V�` AL) Notary Public . s PUBLIC :, OF COVN-r. 1954162 EASE 09/03/2013 03:11:13 PM Page: 2 R 26.0 D 0. T 26.00 Gilbert Ortiz Cler /Reco Pue Coun Co Mill J•R ENGINEERING A WestrianCompany HISTORIC ARKANSAS RIVERWALK PROJECT PEDESTRIAN ACCESS EASEMENT 05 PROPERTY DESCRIPTION A PARCEL OF LAND BEING A PORTION OF BLOCK 4, AND A PORTION OF VACATED MECHANIC STREET, CENTRAL PUEBLO, LOCATED IN THE SOUTHEAST ONE - QUARTER OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE CENTERLINE OF CENTRAL MAIN STREET, FROM ITS INTERSECTION WITH THE CENTERLINE OF ALAN HAMEL AVENUE (FORMERLY KNOWN AS GRAND AVENUE) TO ITS INTERSECTION WITH THE CENTERLINE OF RICHMOND AVENUE MONUMENTED AT BOTH ENDPOINTS BY 3 1/4" ALUMINUM CAPS STAMPED "JR ENG RLS 31161 ", WITH THE LINE CONSIDERED TO BEAR N43 °55'06 "E. COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF CENTRAL MAIN STREET AND ALAN HAMEL AVENUE; THENCE ON THE CENTERLINE OF CENTRAL MAIN STREET, N43 °55'06 "E A DISTANCE OF 36.09 FEET; THENCE S46 °04'54 "E A DISTANCE OF 40.00 FEET, TO THE INTERSECTION OF THE EASTERLY RIGHT - OF -WAY LINE OF CENTRAL MAIN STREET AND THE NORTHERLY RIGHT -OF -WAY LINE OF ALAN HAMEL AVENUE (FORMERLY KNOWN AS GRAND AVENUE); THENCE ON SAID NORTHERLY RIGHT -OF -WAY LINE, S46 °07'10 "E A DISTANCE OF 86.41 FEET, TO A POINT OF CURVE; THENCE CONTINUING ON SAID NORTHERLY RIGHT -OF -WAY LINE, ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 540.00 FEET, A CENTRAL ANGLE OF 15 °29'50" AND AN ARC LENGTH OF 146.06 FEET, TO A POINT OF NON - TANGENT; THENCE N59 °22'38 "E A DISTANCE OF 5.00 FEET, TO THE POINT OF BEGINNING; THENCE N51 °38'23 "E A DISTANCE OF 17.34 FEET; THENCE N38 °08'40 "W A DISTANCE OF 36.93 FEET; • THENCE N61 °17'30 "E A DISTANCE OF 3.00 FEET, TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 24 °55'30" AND AN ARC LENGTH OF 87.00 FEET, TO A POINT OF TANGENT; 7200 S Alton Way, Suite C400, Centennial, CO 80112 303 - 740 -9393 • Fax: 303 -721 -9019 • www.jrengineering.com 7/1/2013 X:\2500000.a11\2506200\ Word \Legals\2506200LX05 - PAE.doc SHEET 1 OF 3 1954162 EASE 09/03/2013 03:11:13 PM Page: 3 of 4 R 26.00 D 0.00 T 26.00 Gilbert Ort Cl /Recor Pueblo County, C o III I THENCE N86 °13'01 "E A DISTANCE OF 1.00 FEET; THENCE S20 °07'28' W A DISTANCE OF 8.40 FEET; THENCE S31 °35'13 "E A DISTANCE OF 11.08 FEET, TO A POINT OF NON - TANGENT CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT WHOSE CENTER BEARS S58 °13'45 "E, HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 27 °16'34" AND AN ARC LENGTH OF 47.61 FEET, TO A POINT OF NON - TANGENT; THENCE S86 °54'07 "E A DISTANCE OF 9.74 FEET; THENCE S02 °26'47 "W A DISTANCE OF 15.72 FEET, TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 38.00 FEET, A CENTRAL ANGLE OF 73 °05'12" AND AN ARC LENGTH OF 48.47 FEET, TO A POINT OF TANGENT; THENCE S75 °31'59 "W A DISTANCE OF 8.29 FEET; THENCE S69 °01'09'W A DISTANCE OF 10.06 FEET; THENCE N27 °09'27' W A DISTANCE OF 27.99 FEET, TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 545.00 FEET, A CENTRAL ANGLE OF 03 °27'53" AND AN ARC LENGTH OF 32.96 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 6,787 SQUARE FEET OR 0.1558 ACRES. PROPERTY DESCRIPTION STATEMENT I, KENNETH D. BAKER, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT. - • • / ��• o <, •,�, / V e Q • 0 KENNETH D. BAKER, PROFESSIONAL LAND SURVEYOR ; ;` COLORADO NO. 15606 a 15606 • o FOR AND ON BEHALF OF JR ENGINEERING, LLC r r r o • it. 1-2-2.0t3 •: �`'- � "k ; ;NAL LAN 7200 S Alton Way, Suite C100, Centennial, CO 80112 303 - 740 -9393 • Fax: 303 - 721 -9019 • www.jrengineering.com 7/2/2013 X:\2500000.aII\ 2506200\ Word\Legals\2506200LX05 - PAE.doc SHEET 2 OF 3 EXHIBIT ' I l:N__ 3 -1/4 " ALUM /NUM RC o I — — LLI CITY T OF PUEBLO CONTROL 1 MON. CEN RAZPUEBL 0 CENTRAL MA /N / ST & RICHMOND AVE. \, LOT 19 CC L i j C �• w LOT w • Q S20'07'28 "W S31'35'13 "E V1 0) z a O BLOCK 4 N 8.40' 11.08' iri ' I % CENTRAL PUEBLO N86'13'01 "E �u m ' 1.00' h w d I 6= 24'55'30" 1 558 . 13 45 E h N U - I SE1 /4 SEC. 36, R= 200.00' Z I m z , 1 r.2OS, R.65W L= 87 c-) J > cr f= iii Z PEDESTRIAN 4� w A CCESS �' C 0 LOT 7 EASEMENT S46'04'54 "E 40.00' I N L . . L1 J POINT OF 0 BEGINNING –S46'07'10 "E 86.41'' A = — — 0 PARCEL B R = 54 0.00' LOT 2.3 6 HISTORIC RIVERWALK L= 14 6.06' C3 v PROJECT FILING NO ONE — POINT OF COMMENCEMENT --- - - - - -- _ N27'09'27 "W 3-1/4" ALUM /NUM CAP – - STAMPED: JR ENG RLS 31161 27.99' M CITY OF PUEBLO CONTROL MON. 44 4N \ 5 69'01'09 "W N ALAN HAMEL AVE. & CENTRAL MAIN ST. O? A 1EL AV 1 0.06' G 1 '1 \ 0 N N N. r CL LINE TABLE CURVE TABLE LINE BEARING DISTANCE CURVE DELTA RADIUS LENGTH 3 Q L1 N59'22'38 "E 5.00' 01 27'16'34" 100.00' 47.61' a 9 0 L2 N51'38'23 "E 17.34' C2 73'05'12" 38.00' 48.47' X N L3 N38'08'40 "W 36.93' C3 3'27'53" 545.00' 32.96' N L4 N6117'30 "E 3.00' a 8 L5 S86'54'07 "E 9.74' To a) N L6 S02'26'47 "W 15.72' 50 25 0 50 m I 1 L7 S75'31'59 "W 8.29' ORIGINAL SCALE: 1" = 50' 9 O N NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION. PEDESTRIAN ACCESS EASEMENT EXHIBIT 05 J•R ENGINEERING HISTORIC ARKANSAS RIVERWALK PROJECT - 8 PROJECT NO.: 25062.00 1954162 EASE 09/03/2013 03:11:13 PM Page: 4 of 4 R 26.00 D 0.0 T 0 '' DATE: 07/01/2013 SHEEN Gilbert Ortiz ClerklRe Pueblo 26 Cou Co III ��AI�Z � a� t iiiiii:diiillyi, 11111 Reception 1954163 09/03/2013 03:11:13 PM RELEASE OF EASEMENT THIS RELEASE OF EASEMENT is made on August 12- , 2013, by Black Hills Energy of Colorado, whose legal address is 105 S. Victoria, Pueblo, Colorado 81003, to Pueblo, a Municipal Corporation (City), whose legal address is One City Hall Place, Pueblo, Colorado 81003 (Owner). WITNESSETH: WHEREAS, the Owner is the developer and property owner for the property known as The Historic Arkansas Riverwalk Project, Filing No. 3; and WHEREAS, the Owner is the Grantor and Black Hills Energy of Colorado is the Grantee of the easement described in attached Exhibit "A "; and WHEREAS, the Owner has agreed to grant to Black Hills Energy of Colorado alternate easements or rights -of -way for such purposes on the subdivision plat of The Historic Riverwalk Project, Filing No. 3; and NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: In consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Black Hills Energy of Colorado hereby releases and relinquishes the Easement as described in Exhibit "A ". This Release of Easement shall extend to and be binding upon the successors and assigns of the City. IN WITNESS WHEREOF, this Release of Easement is executed as of the date first above written. Black Hills Energy o - • • rado By: - TAIL. Title: yp co&.oi »ro IJTttiri(s State of Colorado ) ) ss. County of Pueblo ) The foregoing instrument was acknowledged before me this .. M r'Ci day of 201 by Chri,g .1rit e , as V P, eoZorado / 11 ]/ P5 Witness my hand and official seal. My commission expires: 1//517/6 SAM BOYER Notary MSc 04(y/;t: 4E State of Colorado ' otary 'ublic Comrnlssion 20044024573 M Commisslon E res Jul 14, 2016 EXHIBIT "A" All of that certain easement situated in the City of Pueblo, State of Colorado, recorded August 6 1996 at Reception No. 1134059 in the Pueblo County Clerk and Recorder `s office in Pueblo, Colorado more particularly described as follows: The Northeast ten (10) feet of Lot 23 in Block 4 in the former Town of Central Pueblo, now part of the City of Pueblo, according to the recorded plat of said Town, filed for record on August 13, 1993. 1954163 R_ 09/03/2013 :: P M Pa e: ® 2 ® ® 0 � { 1 2 EASER R 16.00 6 D � 0.00 03 T 11 9 16 13 ® ® � 00 'g I '� J I Gi l lr a Ivit Clerk/Recorder hmi a���1 fT��R ®ICI ��1 IIII