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Home My WebLink About10726 2374931 05/29/2025 04:14:07 PM Page: 1 of 2 R 0.00 D 0.00 T 0.00 DocuSign Enve1ope ID:57E88EB0-0F57-46DF-8360-96ECD53CB5FE Candace Rivera Clerk/Recorder Pueblo County, Co 1III rj M 111A104101AWIINJIIIIIIIiN�i�l�� + E 11111 ORDINANCE NO. 10726 AN ORDINANCE APPROVING AN EASEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND PUEBLO COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, RELATING TO THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A LIMITED ACCESS ROADWAY, FENCING, TRAIL, TRAILHEAD, DRAINAGE, AND OTHER ASSOCIATED IMPROVEMENTS WITHIN THE HONOR FARM PARK AND OPEN SPACE, AND APPROVING THE MAYOR TO EXECUTE THE EASEMENT AGREEMENT ON BEHALF OF THE CITY BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement Agreement ("Agreement") between the City of Pueblo ("City"), a Colorado Municipal Corporation, and Pueblo County, a political subdivision of the State of Colorado, relating to the construction, operation, and maintenance of a limited access roadway, fencing, trail, trailhead, drainage, and other associated improvements within the Honor Farm Park and Open Space, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is authorized to execute and deliver the Agreement in the name of the City of Pueblo and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers of the City are authorized to perform any and all acts consistent with this Ordinance and IGA to implement the policies and procedures described herein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on May 13, 2024. Final adoption of Ordinance by City Council on June 13, 2024. [ A&4vUUfl l DocuuSi by: D7A1rC1023A00C2... President of City Council DoceSign End..lope ID:57E88EB0-0F57-46DF-8360-96ECD53CB5FE 2374931 05/29/2025 04:14:07 PM Page: 2 of 2 R 0.00 D 0.00 T 0.00 Candace Rivera Clerk/Recorder, Pueblo County, Co 11111 KIVU 1i ii I.Y.1,11i,4R111i 141r.iYLirh 111111 Action by the Mayor: ® Approved on 6/14/2024 1 9:39 AM MDT ❑ Disapproved on based on the following objections: p- DocuSigned by: ReA,ux traikatM 3A85350B7BCA402_. Mayor Action by City Council After Disapproval by the Mayor: ❑ Council did not act to override the Mayor's veto. ❑ Ordinance re-adopted on a vote of , on ❑ Council action on failed to override the Mayor's veto. President of City Council ATTEST DocuSigned by: Jc47000rrc7D13c... City Clerk t= , - - 0 C\N ,I1' 1, ) • -+..11 I i` ,.*ai. ' • C far. ' ,,. , 1' „ Y DocuSign Envelope ID:57E88EB0-0F57-46DF-8360-96ECD53CB5FE 2374932 05/29/2025 04:14:07 PM Page: 1 of 2 R 0.00 D 0.00 T 0.00 Candace Rivera Clerk/Recorder Pueblo County, Co 1111l ralintrlftkl ' M11}1,111hliM 111111 RESOLUTION NO. 24- 119 THE BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO APPROVING THE EASEMENT AGREEMENT BETWEEN PUEBLO COUNTY AND THE CITY OF PUEBLO FOR THE LOCATION,CONSTRUCTION,AND OPERATION OF A NEW PUBLIC ROADWAY TO BE KNOWN AS MEDAL OF HONOR BOULEVARD WHEREAS Pueblo County has for the past three years been engaged in the planning and development of a significant community-wide development project. The Project has two key features; 1) the location,design, and construction of a new Pueblo County Detention Facility to be operated by the Pueblo County Sheriffs Department and to serve the entire community of the City of Pueblo and the County of Pueblo, and 2) the layout, design, and construction of a major new arterial roadway extending from Pueblo Blvd. at its intersection at 24th St., west for approximately 3.5 miles to intersect with Purcell Blvd. in Pueblo West; and WHEREAS the City of("City") is the owner of an approximately 2500-acre parcel of real property known as the Honor Farm Park and Open Space Property ("Park Property"). The Park Property is subject to terms and obligations set forth in a Deed of Conservation Easement dated July 2, 2001 which requires that the property be maintained primarily as open space and wildlife habitat, but which also contemplates and permits various recreational uses. The Conservation Easement also contemplated from the outset and listed as a permitted use,the extension of a main arterial road connecting the City of Pueblo with Pueblo West; and WHEREAS Pueblo County has completed the design and is ready to commence the construction of the new road to be known as Medal of Honor ("MOH") Boulevard. Which will include an adjacent multi-modal trail, trailhead, parking area, and several storm water drainage appurtenances; and WHEREAS MOH Blvd. will traverse the Park Property from its eastern edge westerly to Purcell Blvd. Pueblo County has requested an easement of one hundred sixty feet in width and approximately three miles in length from the City of Pueblo for the new public road; and WHEREAS professional staff and consultants from Pueblo County and the City ("Parties") have met and conferred over the last one- and one-half years to discuss the layout and design of the new road and numerous related conditions and requirements associated with the easement request; and WHEREAS the Parties, in conjunction with their respective legal counsel, have prepared, reviewed,and revised an Easement Agreement which would grant the required easement to Pueblo County subject to a number of terms and conditions; and WHEREAS the respective staffs and legal counsels have agreed upon a written Easement Agreement and have further agreed to present the same to their respective governing bodies for consideration and approval; and ORDINANCE NO.10726 AN ORDINANCE APPROVING AN EASEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND PUEBLO COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, RELATING TO THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A LIMITED ACCESS ROADWAY, FENCING, TRAIL, TRAILHEAD, DRAINAGE, AND OTHER ASSOCIATED IMPROVEMENTS WITHIN THE HONOR FARM PARK AND OPEN SPACE, AND APPROVING THE MAYOR TO EXECUTE THE EASEMENT AGREEMENT ON BEHALF OF THE CITY BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement Agreement (“Agreement”) between the City of Pueblo ("City"), a Colorado Municipal Corporation, and Pueblo County, a political subdivision of the State of Colorado, relating to the construction, operation, and maintenance of a limited access roadway, fencing, trail, trailhead, drainage, and other associated improvements within the Honor Farm Park and Open Space, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is authorized to execute and deliver the Agreement in the name of the City of Pueblo and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers of the City are authorized to perform any and all acts consistent with this Ordinance and IGA to implement the policies and procedures described herein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on May 13, 2024. Final adoption of Ordinance by City Council on June 13, 2024. ____________________________ President of City Council Action by the Mayor: Approved on _______________. Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. Ordinance re-adopted on a vote of ____________, on _____________ Council action on _______ failed to override the Mayor’s veto. ____________________________ President of City Council ATTEST ________________________________ City Clerk City Clerk's Office Item # R7 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 10, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: AN ORDINANCE APPROVING AN EASEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND PUEBLO COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, RELATING TO THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A LIMITED ACCESS ROADWAY, FENCING, TRAIL, TRAILHEAD, DRAINAGE, AND OTHER ASSOCIATED IMPROVEMENTS WITHIN THE HONOR FARM PARK AND OPEN SPACE, AND APPROVING THE MAYOR TO EXECUTE THE EASEMENT AGREEMENT ON BEHALF OF THE CITY SUMMARY: This Ordinance approves an Intergovernmental Agreement between the City of Pueblo and Pueblo County relating to the construction, operation, and maintenance of a limited access roadway ("Medal of Honor Boulevard"), fencing, trail, trailhead, drainage, and other associated improvements within the Honor Farm Park and Open Space; and approving the Mayor to execute the Easement Agreement on behalf of the City. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Pueblo County desires to construct a limited access roadway, fencing, trail and trailhead, drainage, and other associated improvements to connect the intersection of Pueblo Boulevard (Colorado State Highway 45) and W. 24th Street on the eastern end to the intersection of Joe Martinez Boulevard and Purcell Boulevard in Pueblo West at the western end. While a portion of the roadway (the easternmost 3/4 mile) will be located within City limits, approximately 2.7 miles of the new roadway will be built on City-owned property located in unincorporated Pueblo County. Development in this area, commonly referred to as the Honor Farm Park and Open Space, is guided by a master plan which includes provisions for the construction of a roadway like the one contemplated by the County. The proposed agreement approved by this Ordinance grants an easement to Pueblo County and codifies the terms and conditions relating to the construction, operation, and maintenance of the new roadway and associated improvements located within the Honor Farm area. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: City staff across multiple departments have collaborated with County staff to develop and negotiate terms and conditions for the proposed agreement. ALTERNATIVES: Failure to approve this Ordinance will preclude the City from granting the proposed easement. RECOMMENDATION: Approve the Ordinance. ATTACHMENTS: 1. Easement Agreement Honor Farm Road - Final (with exhibits) DocuSign Envelope ID: 57E88EBO-OF57-46DF-8360-96ECD53CB5FE 111111111111111111111111111111111111111 Ill 111111111 1111 K Governniental Immunity, 1390542 07/'02/2001 01:33P EASE Chris C. Munoz 12 of 18 R 90.00 D 0.00 Puebla Ct,y Clark & Rac Grantor and Grantee do does not intend to waive by any provision of this Easement the monetary limitation or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, et seg., C.R.S., as amended or, any other law, either statutory or common law. L. Venue. Pueblo, County, Colorado shall be the only appropriate venue for any action or dispute arising form this Easement. N. Third Parties. This Easement does not, and shall not be deemed to confer upon any third party any right to claim damages or to bring suit, or other proceeding against either party because of any term contained herein. 24. Acceptance. Grantee hereby accepts without reservation the rights and responsibilities conveyed by this Deed of Conservation Easement, TO HAVE AND TO HOLD, this Deed of Conservation Easement unto Grantee, its successors and assigns, forever - IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have set their hands on the date first written above. /-It APPROVED AS TO FORM: C 4 Att tYaa - .V I f I ity Clerk Page 12 of 13 2374933 05/29/2025 04:14:07 PM Page: 24 of 27 R 0.00 D 0.00 T 0.00 Candace Rivera Clerk/Recorder, Pueblo County, Cc III R1, -NAW1111 AMIA 110.0 IKNOWN 71dYM1 0 �IU�MtV�II IYY k'q'�f�UWIUY�%UIbIUUY7Y7Yti&NI�WEW' '+' EXHIBIT A STORM EASEMENT (PE-9D) February 14, 2024 A portion of the parcels described in Bargain and Sale Deed, recorded July 2, 2001, as Reception No. 1390538, in the Official Public Records of Pueblo County, Colorado, also being a portion of the southwest 1/4, northwest 1/4, and the northeast 1/4 of Section 21, Township 20 South, Range 65 West, of the 6th Principal Meridian, Pueblo County, Colorado, being more particularly described as follows: COMMENCING at the West Quarter Corner of Section 18, Township 20 South, Range 65 West, of the 6th Principal Meridian; thence along the west line of said Section 18, S00°30'52"E (Bearings are relative to the north line of the South Half of Section 18, Township 20 South, Range 65 West, of the 6th Principal Meridian, monumented at the West Quarter Corner of said Section 18 by a 3-1/4" aluminum cap stamped "PLS 24684," flush with grade and at the East Quarter Corner of said Section 18 by a 3-1/4" brass cap with illegible markings, flush with grade, measured to bear N89°51'59"E, a distance of 5243.79 feet), a distance of 1053.83 feet; thence leaving said west line, for the following ten (10) courses: 1. S89°59'05"E, a distance of 465.86 feet; 2. along the arc of a curve to the left, whose chord bears N86035'10"E, having a chord length of 770.05 feet, a radius of 6437.00 feet, a delta angle of 6°51'30", a distance of 770.51 feet; 3. N83°09'25"E, a distance of 1,404.09 feet; 4. along the arc of a curve to the right, whose chord bears S79°13'02"E, having a chord length of 2366.08 feet, a radius of 3907.00 feet, a delta angle of 35'1506", a distance of 2403.82 feet; 5. S61 °35'29"E, a distance of 1,241.22 feet; 6. along the arc of a curve to the left, whose chord bears S68043'22"E, having a chord length of 797.94 feet, a radius of 3213.69 feet, a delta angle of 14'1547", a distance of 800.00 feet; 7. S75051'1 YE, a distance of 956.04 feet; 8. along the arc of a curve to the right, whose chord bears S67°52'44"E, having a chord length of 2497.45 feet, a radius of 9000.00', a delta angle of 15°57'03", a distance of 2505.54 feet; 9. S59°54'13", a distance of 3157.70 feet; 10. S30005'47"W, a distance of 80.00 feet, to the POINT OF BEGINNING; thence along the following eighteen (18) courses: 1. S59°54'13"E, a distance of 548.32 feet; 2. S30005'47"W, a distance of 38.09 feet; 3. S89°24'02"W, a distance of 36.28 feet; 4. S00032'06"E, a distance of 61.23 feet; 5. S30°05'47"W, a distance of 25.20 feet; 6. N59°54'13"W, a distance of 70.13 feet; 7. N30°05'47"E, a distance of 19.50 feet; 8. N59054'13"W, a distance of 214.76 feet; whirannlreustisuo:r;u�w��rn'mr�mv�rlwrmuouuil�ummm�m�nwnurululululululul�ol�ulululmuloh�wr>,araruwu�d�ummo^,rv!�wvtt�wans�00000000000imimro��iomw�^nmmwwrnuava.... ��oWi¢ufsma��waY��u�a"'�a�umYm�mmuvmrYmmmml�rlMolrv�rvnrmrr�rvnrlTrnrnlmrvnr�Y�rnu�rvinwwulevaulevevevevuvnwuuuvrvo7arv�¢rv�¢rv�¢Mmmru�w:atu�upomnmmrmumuououououououououmm�uuwiuwiulti�rwiudmoMq�W�r�rrrom�momi�miAi�miAumolmrnrrnlinnl tumiuw�wlo"ils�e 177 S. Tiffany Dr. u Pueblo West, CO 81007 tt 719.633.8533 211562 PE-Mdocr www.clarkis.com Sheet 1 oF4 2374933 05/29/2025 04:14:07 PM Page: 25 of 27 R 0.00 D 0.00 T 0.00 Candace Rivera Clerk/Recorder, Pueblo County, Cc 111 1�y1�r8�Rt M�ti �kAl11" i 'Ikl��` ;11III WNu�N01M%�11179�pMYli�fklAf�M1YMGv��VW��9'�U�M1V�v�1PoI�WgWFlM16',�WVYIYUVM1llllUb',�tlNdU��"�9R�Rf�F'.... ti�'V6G'dNG�I�000POPOfFl"�wMduW��l4�1'�RYmftY�l'uWll�'%NVIVIVIAVN�I��YwgIW 9. S30005'47"W, a distance of 70.51 feet; 10. N59°54'13"W, a distance of 149.91 feet; 11. N30005'47"E, a distance of 93.26 feet; 12. N54021'32"W, a distance of 46.12 feet; 13. N34011'34"E, a distance of 14.93 feet; 14. N59054'11"W, a distance of 67.45 feet; 15. N30005'49"E, a distance of 45.00 feet; 16. N59°54'11"W, a distance of 23.72 feet; 17. N75°05'47"E, a distance of 31.80 feet; 18. N30005'47"E, a distance of 5.41 feet, to the POINT OF BEGINNING. Containing 70,080 Sq, Ft, 1.610 �gd�more or less. Stewart L. Mapes, Jr. Colorado Professional Land Surveyor No. 38245 u�a�wul^�ma��r�n��nir�uwisys�uw�ei�ev�eiaiai�sirr�urr��m�umouu�m�mva�mmmi��aau�mxr�uuurr�n�s�m wu�t�!wiouwruuuwuwwwisu�ar�writim�vwwmuw�uw�u��ar��wwr�umo�ussrvuov�rr�rwrwu�s�um�mR�..... t¢�s��rva�ir�mu �ut�iammioio�nitieutiriuuuiuuuisuuiuniW��uutiw��Mix�iAia�w��rv��pmmi�mmm�mu�mmm�n�mvevurrvi��iwo^a�adreart+aNx�au�u�wuuiaiw�a�rui� 177 S. Tiffany Dr. r( Pueblo West, CO 81007 u 719.633.8533 211562 PE-Mdocc www.clarkis.com Sheet 2 of 4