HomeMy WebLinkAbout07021RESOLUTION NO. 7021
A RESOLUTION APPROVING THE RECONVEYANCE OF
PROPERTY PURSUANT TO THE CERTIFICATE OF PARTI-
CIPATION DOCUMENTS AND LEASE WITH RESPECT TO
THE WALKINGSTICK GOLF COURSE
WHEREAS, pursuant to the Golf Course Lease Purchase And
Sublease Agreement dated as of January 1, 1989 by and between
Pueblo Municipal Property Corporation as Lessee and the City of
Pueblo, Colorado as Lessor upon completion of the construction of
the Walkingstick Golf Course, the City is to reconvey to The
Colorado State Board of Agriculture that portion of the 260 acres
originally conveyed to the City which is not within the 179.268
acre golf course layout, and
WHEREAS, The Colorado State Board of Agriculture has approved
and conveyed to the City road and utility easements over property
owned by it and located outside the golf course layout, and
WHEREAS, the original 260 acres of land originally conveyed
to the City including the golf course layout should be released
from the provisions of the Cooperation Agreement dated May 28,
1988 between the City and The University of Southern Colorado and
the Reservations and Reconveyance Obligation and Option Agreement
dated January 3, 1989 with respect to the land located outside the
golf course layout; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTTnm 1-
The Release between the City, University of Colorado and The
Colorado State Board of Agriculture, the Release between the City,
Pueblo Municipal Property Corporation and Pueblo Bank and Trust,
and Special Warranty Deed from the City to The Colorado State
Board of Agriculture, copies of which are attached hereto and
incorporated herein, having been approved as to form by the City
Attorney, are hereby approved.
SECTTnN 2
The President of the City Council is authorized to execute
and deliver the Releases and Special Warranty Deed in the name of
the City and the City Clerk is directed to affix the seal of the
City thereto and attest same.
ATTEST:
A 141,4W
C y Clerk
INTRODUCED: October 26, 1992
By JOHN CALIFANO
Councilperson
APPROVED:
Presi 6 n of
e City Council
-2-
Reception 993445
12/14/1992
RELEASE
In consideration of Ten Dollars and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the undersigned, City of Pueblo, Colorado, a home
rule municipality, the University of Southern Colorado, an
institution of higher education established pursuant to the laws
and Constitution of the State of Colorado, and The Colorado State
Board of Agriculture, a University Governing Board established
pursuant to the laws and Constitution of the State of Colorado, do
hereby release, remise and discharge the real property located in
Pueblo County, Colorado and described in Exhibit "A" attached
hereto from all liens, claims, terms, covenants, conditions,
agreements, obligations and provisions contained in the following
documents and instruments:
A. Cooperation Agreement dated as of May 28, 1988 by and
between the City of Pueblo, a Municipal Corporation and the
University of Southern Colorado recorded January 3, 1989 in Book
2430 at Page 640 (the "Cooperation Agreement ").
B. Reservations and Reconveyance Obligation contained in
Quit Claim Deed dated January 3, 1989 from The Colorado State
Board of Agriculture, a University Governing Board established
pursuant to the laws and Constitution of the State of Colorado to
City of Pueblo, a home rule municipality duly organized and
existing under the laws and Constitution of the State of Colorado,
recorded January 3, 1989 in Book 2430 at Page 651 (the "Deed ").
C. Option Agreement dated as of January 3, 1989 by and
between the City of Pueblo, a home rule municipality duly
organized and existing under the laws and constitution of the
State of Colorado, as the Seller and the Colorado State Board of
Agriculture, a University Governing Board established pursuant to
the laws and Constitution of the State of Colorado as the Buyer
recorded January 3, 1989 in Book 2430 at Page 660 (the "Option ").
The undersigned acknowledge and agree that the reconveyance
obligations set forth in the Cooperation Agreement and Deed and
the obligations imposed by the Option have been fully met and
satisfied.
Signed the day of (I;i.�`a,. -- r 1992.
S 'E A
f
4
CITY OF PUEBLO, COLORADO,
a home rule municipal corporation
By
Title President of the City Council
y
' ' c
I el
' L
[ S E A.
Attest: /V
Title: S retary
[S E A L]
f ..
Attest:
Title: ="xec. i frcTi,` I� /c,�n� +o.l + �S
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
Hoy 2630 eA,,Ar 450
COLORADO STATE BOARD OF
AGRICULTURE, a sity
govern* g board
By X/
Tit
UNIVERSITY OF SOUTHERN COLORADO,
an institution of higher education
ILD
By
Title: President -
The foregoing instrument
1 4t h day of _ Dece m_b_e r ___
President of the City Council
home rule municipality.
was acknowledged before me this
of
1992 by Fay B. Kastelic, as
the City of Pueblo, Colorado, a
- Witness my hand and official seal.
}} '' •'• September 8, 1995
X �ominission expires:
� [ S
J No a ry Pub t i c - - -- - - -- - - - --
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this
day of lyC� , 1992 by John Stulp as President
of the Colorado State Board of Agriculture, a University Governing
Board.
Witness my hand and official seal.
My commission expires: 11A},+f19�A�+!►�
Notary Pu is
-2-
X00112630 �,, -A5
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
1 The foregoing instrument was acknowledged before me this
day of >l , 1992 by Robert C. Shirley, as
President ent of the University of Southern Colorado, an Institution
of Higher Education.
Witness my hand and official seal.
M commission expires:
I P A
., Notary lPu bl-C- - - -- - - -- -- - - - - --
-3-
2630, r 452
A parcel of land located in the South 1/2 of the South 1/2 of Section 8,
the West 1/2 and the Northeast 1/4 of Section 17 and the Northeast 1/4 of
the Southeast 1/4 of Section 18, all being in Township 20 South, Range 64
West of the 6th Principal Meridian, more particularly described as follows:
Beginning at a point from which the Northeast corner of said Section 17
- bears N 89 0 12 1 00" E (bearings based on the North line of said Section 17 to
bear N 89 0 12'00" E), a distance of 860.00 feet; thence N 00 ° 48'00" W, a
distance of 1,211.87 feet; thence S 89 0 12 1 00" W, a distance of 3,848.88 -
feet; thence S 00 0 48 1 00" E, a distance of 1,211.87 feet to a point on the
North line of said Section 17; thence N 89 0 12'00" E along said North line,
a distance of 718.58 feet; thence S 39 ° 16'13" W, a distance of 2,896.41
feet (S 39 ° 12' W, 2,900 feet, Deed) to the Southeast corner of Lot 4, Block
53 , in University Park Subdivision, 15th Filing, according to the recorded
Plat as filed for record in Book 2221 at Page 323 of the Pueblo County
Records; thence S 40 ° 56'39" E (S 40 °48" E, Deed), a distance of 1,339.14 feet
to the North line of a permanent highway easement as recorded in Book 1680
at Page 593 of the Pueblo County Records; thence S 61 ° 08'36" E (N 61 °08' W,
Deed) along said North line, a distance of 1,049.84 feet; thence N 28 ° 51'24" E,
a distance of 483.25 feet; thence Northerly along the arc of a non - tangent
curve to the right whose center bears N 72 ° 03'16" E, having a central angle
of 44 ° 34'19" and a radius of 800 feet, a distance of 622.34 feet; thence
N 26 ° 37'35" E, a distance of 1,368.09 feet; thence Northeasterly along the
arc of a curve to the right, having a central angle of 61 ° 58'23" and a
radius of 800 feet, a distance of 865.31 feet; thence N 01 ° 24'02" W, a
distance of 1,091.15 feet more or less to a point on the North line of said
Section 17; thence N 89 ° 12'00" E along said North line, a distance 1,606.51
feet to the point of beginning. Said parcel contains 260 acres more or less.
The foregoing legal descri tion was
P prepared by Raymond F. Koester,
registered land surveyor, KLH Engineering Consultants, Inc.,
111 East 5th Street, Pueblo, Colorado, 81003
Reception 994267
12/28/1992
RELEASE
IN CONSIDERATION of Ten Dollars and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the undersigned, City of Pueblo, Colorado, a home
rule municipality, Pueblo Municipal Property Corporation, a
Colorado nonprofit corporation and The Pueblo Bank And Trust
Company, a State of Colorado chartered banking association, do
hereby release, remise and discharge the real property located in
Pueblo County, Colorado and described in Attachment No. 1 hereto
from all liens, claims, terms, covenants, conditions, agreements,
obligations and provisions contained in the following documents
and instruments:
A. Ground Lease Agreement dated as of January 1, 1989 by
and between Pueblo Municipal Property Corporation, a Colorado
nonprofit corporation, as Lessee and the City of Pueblo, Colorado,
a home rule municipal corporation, as Lessor, recorded January 4,
1989 in Book 2430 at Page 705, (the "Ground Lease).
B. Golf Course Lease Purchase And Sublease Agreement dated
as of January 1, 1989 by and between Pueblo Municipal Property
Corporation, a Colorado nonprofit corporation, as Lessor and
Sublessor and the City of Pueblo, Colorado, a home rule municipal
corporation, as Lessee and Sublessee, recorded January 4, 1989 in
Book 2430 at Page 726, ( "the Golf Course Lease ").
C. Mortgage And Indenture of Trust dated as of January 1,
1989 by and between Pueblo Municipal Property Corporation, a
Colorado nonprofit corporation as Lessor and The Pueblo Bank And
Trust Company, a Colorado state chartered banking association, as
Trustee, recorded January 4, 1989 in Book 2430 at Page 807, ( the
"Indenture ").
D. Security interest under the Uniform Commercial Code
affecting the real property, notice of which is given by Financing
Statement from City of Pueblo, Colorado, debtor, to The Pueblo
Bank And Trust Company, secured party, filed January 4, 1989 as
Filing No. 264538 in the office of the Pueblo County Clerk and
Recorder, (the "Financing Statement ").
E. Security interest under the Uniform Commercial Code
affecting the real property, notice of which is given by Financing
Statement from City of Pueblo, Colorado, debtor, to The Pueblo
Bank And Trust Company, secured party, filed January 4, 1989 in
Book 2430 at Page 890, (the "Financing Statement ").
The undersigned do hereby further stipulate, covenant and
agree that the legal description shown as Exhibit "B" to the
Indenture, as Exhibit "A" to the Golf Course Lease, as Exhibit A
to the Financing Statement, as Exhibit "A" to the Ground Lease and
as Exhibit "A" to the Deed from Pueblo Municipal Property
Corporation to the City of Pueblo, Colorado held by Pueblo Bank
Boo 2632
And Trust Company as trustee in escrow under the Indenture and
Golf Course Lease (the "Escrowed Deed ") is and the same shall be
amended and modified to read as contained in Attachment No. 1 to
this Release, the same as if the legal description contained in
Attachment No. 1 to this Release was originally affixed to those
documents and that the legal description contained in Attachment
No. 1 to this Release is hereby substituted for the legal
description contained in and shown as Exhibit "B" to the
Indenture, as Exhibit "A" to the Golf Course Lease, as Exhibit "A"
to the Financing Statement, as Exhibit "A" to the Ground Lease,
and as E*,hibit "A" to the Escrowed Deed.
'
a capd this /Y day
?.
City Clerk
rs' E A . t . h 1
- Co
Fr
>�eer tary
Z r
ATT EST , !'
Tice President
and Trust Officer
COUNTY f,. PUEBLO )
SATE: j F COLORADO
) ss .
�dC 0 R " "�
of 1 01F _ , 1992 in Pueblo,
CITY OF PUEBLO,
a home rule municipal corporation
B �c 2
Presi ent of City Council
PUEBLO MUNICIPAL PROPERTY
CORPORATION, a Colorado nonprofit
corporation
By
`President
THE PUE ST COMPANY,
as Tr u ee t
T3
Vice President and Trust Dept. Manager
The foregoing instrument was acknowledged before me on the
Af `.. day of 1992 b
as Pr(vgident and _ (�� � /,� as Secretary of Pueblo
yI rp.i•L' :.Property Corporation, a Colorado nonprofit corporation.
Q a s my hand and offi ial seal.
+s
I mm ission expires.•,
♦ �O "'d'� _ No ary Public
COUNTY OF PUEBLO )
STATE OF COLORADO ) ss.
The foregoing instrument was acknowledged before me on the
/'Y day of j ►e rn 0,, . 1992 by — ice /�. ��dr t e-
as President of the City Council and rfry ZQ / - .i' as City
-2-
500N 1 2632 P� r46 Q
Cle3rk,,,of the City of Pueblo, a home rule municipality.
y' C Chess my hand and off ial seal.
' O commission expire• h t / f;
�
Co
tary Public t
COUNTY OF PUEBLO )
STATE OF COL OR�O ) ss .
The for g�'ng 1 strument was acknowledged efore me on the
day of 1992_ by as First
Vice Presq%i and Senio rust Off -icer of The Pueblb Bank And
Trust Company, a State of olorado char'�ered banking association.
i t , fitness my hand and o icial seal,/
a c6 expires:
,R
� Notary Pub is
legal description contained in Attachment No. 1 was prepared
by' Raymond F. Koester, Registered Land Surveyor, KLH Engineering
Consultants, Inc., 111 East 5th Street, Pueblo, Colorado, 81003.
TJ 54.25 -3-
gook 2632 N�C 171
A parcel of land located in the South 1/2 of the South 1/2 of Section 8,
the West 1/2 'and the Northeast 1/4 of Section 17 and the Northeast 1/4 of
the Southeast 1/4 of Section 18, all being in Township 20 South, Range 64
West of the 6th Principal Meridian, more particularly described as follows:
Beginning at a point from which the Northeast corner of said Section 17
bears N 89 ° 12 1 00" E (bearings based on the North line of said Section 17 to
bear N 89 0 12'00" E), a distance of 860.00 feet; thence N 00 0 48'00" W. a
distance of 1,211.87 feet; thence S 89'12 W. a distance of 3,848.88 .
feet; thence S 00'48'00" E, a distance of 1,211.87 feet to a point on the
North line of said Section 17; thence N 89'17'00" E along said North line,
a distance of 718.58 feet; thence S 39'16'13" W, a distance of 2,896.41
feet (S 39 '12' W. 2,900 feet, Deed) to the Southeast corner of Lot 4, Block
53, in University Park Subdivision, 15th riling, according to the recorded
plat as filed for record in Book 2221 at Page 323 of the Pueblo County
Records; thence S 40'56'39" E (S 40'48" E, Deed) , a distance of 1,339.14 feet
to the North line of a permanent highway easement as recorded in Book 1680
at Page 593 of the Pueblo County Records; thence S 61'08'36" E (N 61 0 08' W.
Deed) along said North line, a distance of 1,049.84 feet; thence N 28 0 51 1 24" E,
a distance of 483 .25 feet; thence Northerly along the arc of a non - tangent
curve to the right whose center bears 14 72'03'16" E, having a central angle
of 44 ° 34'19" and a radius of 800 feet, a distance of 622.34 feet; thence
N 26 °3;'35" E, a distanco- of 1,368.09 feet; thence Northeasterly along the
arc of a curve to the right, having a central angle of 61'59'23" and a
radius of 800 feet, a distance of 865.31 feet; thence N 01 W. a
distance of 1,091.15 feet more or . less to a point on the North line of said
Section 17; thence N 69'12'00" E along said North line, a distance 1,606.51
feet to the point of beginning. Said parcel contains 260 acres more or less.
EXCEPT, EXCLUDING AND LESS THE FOLLOWING PARCEL OF LAND DESCRIBED
ON PAGE 2 HEREOF WHICH WILL REMAIN SUBJECT TO THE TERMS,PROVISIONS,
COVENANTS AND CONDITIONS OF GROUND LEASE, THE GOLF COURSE LEASE,
THE INDENTURE AND FINANCING STATEMENT.
Page --1•-
ATTACHMENT NO. 1
Boo, 2632 P,A�E172
A portion of the Sh of the S% of Section 8 and a portion of the NW %., the NW %, of the NEi
and the NW %, of the SW %. of Section 17, Township 20 South, Range 64 West of the 6th P.M.
and being more particularly described as follows:
Considering the North line of said Section 17 to bear N.88 °- 45' -07 "E. and all bearings contain-
ed herein being relative thereto.
Commencing at the Northeast corner of said Section 17; thence S.88 45'- 07 "W., along the
said North line of Section 17, a distance of 1125.61 feet to the True Point of Beginning;
thence continuing 5.88 °- 45'- 07 "W., along said North line,a distance of 625.95 feet; thence
S.72 21 35 "W., a distance of 109.40 feet; thence 5.88 - 45 1 - 07 "W., a distance of 775.56 feet;
thence S.07 45 54 "E., a distance of 612.93 feet; thence S.61 a distance of
120.1 G feet; thence S.01 0 - 49' - 31 "E., a distance of 399.24 feet; thence Southwesterly, along
the arc of a curve to the left whose center bears S.08 40' -56 "E. and whose radius is
1000.00 feet, a distance of 677.63 feet; thence N.69 01 16 "W., a distance of 448.85 feet;
thence S.77 43 50 "W., a distance of 108.53 feet; thence S.73 21 34 "W., a distance of
243.61 feet; thence S.29 22 01 "W., a distance of 86.60 feet; thence S.07°- 35 02 "E., a dis-
tance 237.05 feet; thence S.07 01 13 "W., a distance of 466.71 feet; thence 5.38°- O8'- 01 "W.,
a distance of 235.55 feet; thence S.17 18 22 "W., a distance of 435.74 feet; thence Westerly,
along the arc of a curve to the left whose center bears S.08 25' -24 "W. and whose radius is
540.00 feet, a distance of 90.48 feet; thence S.88 49 25 "W., a distance of 236.89 feet;
thence N.41 31 "-41 "W., a distance of 207.63 feet; thence N.80 16 30 "W., a distance of
148.35 feet; thence N.40 22 54 "W., a distance of 139.95 feet; thence N.03 °- 30 16 "E., a
distance of 110.39 feet; thence N.16 4 10 "E., a distance of 129.35 feet; thence
N.05 38'- 20 "W., a distance of 335.32 feet; thence N.02 09 42 "E., a distance of 330.99 feet;
thence N.67 41'- 58 "W., a distance of 52.27 feet; thence N.00 °- 03'- 11 "E., a distance of
1 116.58 feet to the West Boundary Line of the University of Southern Colorado; thence
N.38 49 20 "E., along said West Boundary Line, a distance of 1362.74 feet to the South line of
said Section 8; thence S.88 °- 45 07 "W., along said South line, a distance of 572.52 feet; thence
N.27 04 11 W., a distance of 244.54 feet; thence N.02 07 44 "W., a distance of 244.82 feet;
thence N.22 47 34 11 1h'., a distance of 145.99 feet; thence N.01 ° - 21'- 26 "W., a distance of
201.80 feet; thence N.84 42 42 "E., a distance of 213.25 feet; thence N.49 38 00"E., a dis-
tance of 536.57 feet; thence 5.89 40 46 "E., a distance of 1 106.94 feet; thence N.81 53 21 "E.,
a distance of 316.49 feet; thence 5.89 ° - 32 "E., a distance of 415.25 feet; thence
5.78 05' 57 "E., a distance of 340.24 feet; thence 5.85 32 52 "E., a distance of 857.63 feet;
thence N.87 17 10 a distance of 426.43 feet; thence N.68 46'- 41 "E., a distance of
345.78 feet; thence 5.83 1 -•07'- 4� 11 E., a distance of 168.30 feet; thence 5.41 " - 1 16'- 46 "E., a
distance of 96.41 feet; thence S.00-50 50 "W., a distance of 335.85 feet; thence S.18 2i'- 04 "W.,
a distance of 397.28 feet; thence 5.27 ° - 48 48 "W., a distance of 377.34 feet to the Point of
Beginning.
Containing 179.268 acres.
Page -2-
ATTACHMENT N0. l(Continued)
Reception 993447
12/14/1992
EASEMENTS
The Colorado State Board of Agriculture, a university
governing board established pursuant to the laws and Constitution
of the State of Colorado ( "Grantor "), whose street address is 1625
Broadway, Suite 1460, Denver, Colorado, 80202, for the considera-
tion of Ten Dollars and other good and valuable consideration, in
hand paid, hereby grants and conveys to the City of Pueblo, a home
rule municipality duly organized and existing under the laws and
Constitution of the State of Colorado ( "Grantee "), whose street
address is 1 City Hall Place, Pueblo, Colorado, 81003, the
following non - exclusive easements and rights of way ( "Easements "):
A. A twenty (20) foot wide sanitary sewer easement and the
right, without any obligation to do so, to construct, operate,
maintain, remove and replace sanitary sewer mains, lines and
appurtenant facilities upon, over, under and across the real
property located in Pueblo County, Colorado described in Exhibit
"A" hereto. Owners of abutting property may tap into the sanitary
sewer main to serve such property subject to sewer main capacity
and compliance with all applicable ordinances, resolutions and
regulations of Grantee. Upon dedication of all or a portion of
this Easement as a public street or right of way this Easement
shall terminate as to the portion thereof so dedicated.
B. A twelve (12) foot wide temporary power easement and the
right, without any obligation to do so, to construct, operate,
maintain, remove and replace electric power lines and appurtenant
facilities upon, over and across the real property located in
Pueblo County, Colorado described in Exhibit "B" hereto. Upon
installation of underground electrical power lines serving the
Grantee's municipal golf course Grantee will remove all power
lines and poles installed by Grantee within this easement.
C. A twenty (20) foot wide gas and telephone utility
easement and the right, without any obligation to do so, to
construct, operate, maintain, remove and replace gas and telephone
mains, lines and appurtenant facilities upon, over, under and
across the real property located in Pueblo County, Colorado
described in Exhibit "C" hereto. Owners of abutting property may
tap into the gas and telephone lines subject to approval by
appropriate utility company.
D. A one hundred (100) foot wide roadway and utility
easement and the right, without any obligation to do so, to
construct, operate, maintain, remove and replace utilities,
including sanitary sewers and natural gas mains and lines,
streets, roads, curbs and appurtenant facilities including street
lights upon, over, under and across the real property located in
Pueblo County, Colorado described in Exhibit "D" hereto. Upon
dedication of all or any portion of this easement as a public
street, this easement shall terminate as to the portion thereof so
dedicated.
5ov 2630 pA .. �r 456
E. A surface water drainage easement and the right, without
any obligation to do so, to construct, operate, maintain, remove
and replace surface water drainage and retention facilities upon,
over, under and across the real property located in Pueblo County,
Colorado described in Exhibit "E" hereto.
1. Grantor reserves for itself and its successors and
assigns the right to use the Easements for purposes not
inconsistent with the rights herein granted, provided Grantor
shall not erect or place any permanent structures on the
Easements other than paving of roadways, sidewalks and similar
improvements.
2. Grantor grants to Grantee the right of ingress and
egress over and across the real property of the Grantor adjoining
the Easements for the purpose of constructing, operating, main-
taining, removing or replacing utilities, roads and incidental
appurtenances therein located. Such right of ingress and egress
may be limited to publicly dedicated rights of way which provide
reasonable access.
3. Grantor grants to Grantee the right to permit other
public entities or utility companies to use Easements A and C
jointly with the Grantee for utility purposes.
4. Grantor covenants and warrants that Grantor is the owner
in fee of the Easements, has good and lawful right to convey the
Easements, and the Easements are free of all liens and encum-
brances except all matters affecting title shown on Exhibit "F"
hereto.
5. Grantee shall repair and restore Grantor's property
damaged during Grantee's construction, maintenance and use with
respect to the Easements to as near original condition as
reasonably possible.
6. The easements hereby granted are appurtenant to and for
the benefit of the real property comprising Grantee's municipal
golf course described in Exhibit "G" hereto and all buildings and
structures thereon and, except for easement described in B above
and as otherwise provided above, are perpetual and non - exclusive.
7. The Easements hereby granted shall run with the land and
be binding upon and inure to the benefit of the Grantee and
Grantor and their respective successors and assigns and Easement D
shall inure to the benefit of the public for ingress and egress to
and from Grantee's municipal golf course located adjacent thereto.
GRANTOR:
[S-E-A L].', THE COLORADO STATE BOARD OF AGRI
CULTURE, a university governing
ATTEST: '` board
5001, 2630 457
By
Tit l Secretary
COUNTY OF )
ss.
STATE OF COLORADO )
1
By
Title: resident
The foregoing instrument was acknowledged before me this
day of , 1992 by John Stulp as President
of the Colorado State Board of Agriculture, a university governing
board.
,,,,,,,J %y tness my hand and official seal.
117.1
y. ep3nmission expires:
J o e
=f ;,t.� •' }". Notary Pulflic
All legal descriptions shown on Exhibits "A" through "E" both
inclusive, and Exhibit "G" were prepared by Raymond F. Koester,
Registered Land Surveyor, KLH Engineering Consultants, Inc., 111
East 5th Street, Pueblo, Colorado, 81003.
TJ 54.22 -3-
noK 2630 458
An easement through a portion of the NWQ and the SW4 of
Section 17 and the NEQ of the SE4 of Section 18, Township 20
South, Range 64 West of the 6th P.M., being 20 feet in width,
10 feet on each side of the following described centerline:
Assuming the South line of Block 54 in University Park Subdivision,
15th Filing, according to the recorded plat thereof, filed for
record December 4, 1984, to bear N.83 ° - 44' -33 "E. and all bearings
contained herein being relative thereto.
Commencing at the intersection of the centerline of
Desertflower Blvd., as platted in said University Park Subdivision,
15th Filing, with the East boundary line of said Subdivision;
thence S.01 08'- 09 "E., along said East boundary line, a distance
of S. 02 f eet; thence N.83 ° - 44'- 33 "E., a distance of 456.12 feet to
the West boundary line of the University of Southern Colorado
and the True Point of Beginning; thence N.83 "- 44'- 33 "E., a
distance of 433.28 feet; thence N.88 ° - 49 25 "E., a distance of
704.08 feet; thence Easterly, along the arc of a curve to the right
whose radius is 495 feet, a distance of 168.10 feet; thence
S.71 43'- 06 "E., a distance of 92.24 feet; thence N.1_8 "- 06 22 "E.,
a distance of 205.03 feet; thence Northerly, along the arc of a
curve to the right whose center bears N.82 39' -27 "E. and whose
radius is 405 feet, a distance of 321.45 feet; thence
N.38 08'- 01 "E., a distance of 36.31 feet; thence Northerly, along
the arc of a curve to the left whose radius is 395 feet, a distance
of 214.49 feet; thence N.07 ° - 01'- 13 "E., a distance of 490.40 feet;
thence Northeasterly, along the arc of a curve to the right whose
radius is 205 feet, a distance of 371.95 feet; thence S.69 Ol'- 16 "E.,
a distance of 79.62 feet; thence N.20 ° - 58'- 44 "E., a distance of
150.00 feet to the Point of Terminus.
— EXHIBIT "A" —
nog 2630 ,cr 450
An easement through a portion of vacated Schuyler Heights in the N4 of the NE?/. of
Section 17, Township 20 South, Range 64 West of the 6th P.M., being 12 feet in width, 6 feet
on each side of the following described centerline:
Assuming the North line of said Section 17 to bear N.88 45' -07 "E. and all bearings contained
herein being relative thereto.
Commencing at the Northeast corner of said Section 17; thence S.88 45 07 "W., along the
said North line of Section 17, a distance of 5.00 feet to the centerline of the existing power
easement described in Book 1566 at Page 769 of the Pueblo County Records; thence
S.59 38 07 "W., along said centerline, a distance of 910.75 feet to the True Point of
Beginning of the centerline of the easement herein described; thence N.28 45 16 "W., a
distance of 82.27 feet; thence S.65 25 47 "W., a distance of 1760.52 feet to the Point of
Terminus on the East line of the Tract of Land conveyed to the City of Pueblo by deed
recorded in Book 2430 at Page 651 of the said County Records.
EXHIBIT "B"
no�2630 ,�'�, 400
An easement through a portion of vacated Schuyler Heights in the W% of the NE% of
Section 17, Township 20 South, Range 64 West of the 6th P.M., being 20 feet in width,
10 feet on each side of the following described centerline;
Assuming the North Jine,4f Said Section 17 to bear N. 88 45' -07" E., and all bearings contained
herein being relative thereto.
Commencing at the Northwest corner of the Tract of Land described in Book 1405 at
Pages 255 -258 of the Pueblo County Records; thence S. 69 58' -33" W., a distance of
27.36 feet to the True Point of Beginning of the centerline of the easement herein described;
thence S. 01 50' -55" E., along a line lying 26 feet West of and parallel to the West line of
said Tract of Land, a distance of 861.46 feet; thence N. 88 09 -05" E., along a line lying
10 feet South of and parallel to the South line of said Tract of Land, a distance of 145.73 feet
to a First Point of Terminus; thence S. 01 50' -55" E., a distance of 8.68 feet; thence
N. 88 09' -05" E., a distance of 72.79 feet; thence S. 42 09' -05" E., a distance of 54.00 feet
to a Second Point of Terminus; thence from the said First Point of Terminus, N. 88 09' -05" E.,
along a line lying 10 feet South of and parallel to the South line of the said Tract of Land, a
distance of 22.00 feet to the Third and Final Point of Terminus.
— EXHIBIT "C" '—
nog 2630 461
A portion of the NE <, NW 3/,, and SW %', of Section 17, Township 20 South, Range 64 West of the
6th P.M., being a portion of that Tract of Land conveyed to the Trustees of State Colleges
in Colorado by deed recorded in Book 1533 at Page 985 of the Pueblo County Records and
being more particularly described as follows:
Considering the North line of said Section 17 to bear N.88 45 07 "E., and all bearings con-
tained herein being relative thereto.
Commencing at the Northeast corner of said Section 17; thence S.01 "- 50'- 55 "E., along the
East line of said Section 17, a distance of 1065.30 feet; thence S.88 09 05 "W., a distance
of 1003.20 feet to the Northeast corner of a tract of land as described in Book 1405 at Pages
255 -258 and in Book 1419 at Page 5 of the said County Records; thence continuing
S.88 09'- 05 "W., along the North line of said tract of land, a distance of 676.00 feet to the
Northwest corner thereof; thence N.23 00'- 15 "W., a distance of 1.17 feet to the True Point
of Beginning; thence Southwesterly, along the arc of a curve to the right whose center bears
N.23 00' -15 "W. and whose radius is 1500 feet, a distance of 553.85 feet; thence
S.88 09 05 "W., a distance of 125.30 feet; thence Southwesterly, along the arc of a curve
to the left whose radius is 900 feet, a distance of 973.47 feet; thence S.26 10 42 "W., a
distance of 1247.98 feet; thence Southerly, along the arc of a curve to the left whose radius
is 700 feet, a distance of 677.07 feet; thence Southeasterly, along the arc of a curve to the
left whose center bears N.60 and whose radius is 1220 feet, a distance of 419.99
feet; thence S.48 57'- 53 "E., a distance of 140.06 feet; thence Southeasterly, along the arc
of a curve to the left whose radius is 1220 feet, a distance of 263.34 feet; thence
S.61 a distance of 593.93 feet; thence S.24 °- 54 39 "W., a distance of 352.31 feet
to the Southerly boundary line of the University of Southern Colorado as described in said
deed recorded in Book 1533 at Page 985 of the County Records and the Northerly
Right -of -Way line of Colorado State Highway No. 47; thence N.64 41 15 "W., along said
boundary and right -of -way line, a distance of 100.00 feet; thence N.24 °- 54 39 "E., a distance
of 257.96 feet; thence N.61 a distance of 500.28 feet;thence Northwesterly,
along the arc of a curve to the right whose radius is 1320 feet, a distance of 284.93 feet;
thence N.48 57 53 "W., a distance of 140.06 feet; thence Northwesterly, along the arc of
a curve to the right whose radius is 1320 feet, a distance of 454.41 feet; thence Northerly,
along the arc of a curve to the right whose center bears N.60 45' -34 "E. and whose radius is
800 feet, a distance of 703.55 feet; thence N.71 °- 43'- 06 "W., a distance of 12.02 feet; thence
Northerly, along the arc of a curve to the right whose center bears S.68 53' -41 "E. and
whose radius is 812 feet , a distance of 71.90 feet; thence N.26 10 42 "E., a distance of
167.63 feet; thence N.30 45 08 "E., a distance of 150.48 feet; thence N.26 10 42 "E., a
distance of 930.36 feet; thence Northeasterly, along the arc of a curve to the right whose
radius is 1000 feet, a distance of 1081.63 feet; thence N.88 09 05 "E., a distance of
125.30 feet; thence Northeasterly, along the arc of a curve to the left whose radius is
1400 feet, a distance of 516.93 feet; thence S.23 00 15 "E., a distance of 100.00 feet to
the Point of Beginning.
EXHIBIT "D" -
nov.2630
An easement through a portion of the WZ of the NA, of Section,17,
Township 20 South, Range 64 West of the 6th P.M., being a portion
of that tract of land conveyed to the Trustees of State Colleges
in Colorado by deed recorded in Book 1533 at Pages 985 -988 of the
Pueblo County Records and being more particularly described as
follows:
Considering the North line of said Section 17 to bear N-88
07"E. and all bearings contained herein being relative thereto.
Commencing at the Northeast corner of said Section 17; thence
S.88 45' -07 "W. along the North line of said Section 17, a dis-
tance of 3990.30 feet to the West boundary line of that said
tract of land conveyed to the Trustees of State Colleges in
Colorado; thence S.38 49' -20 "W. along said West boundary line,
a distance of 1362.74 feet to the true point of beginning; thence
continuing S.38 49' -20 "W. along said West boundary line, a dis-
tance of 651.70 feet; thence N.77 24'- 40 "E., a distance of
418.23 feet; thence N.00 03'- 11 "E., a distance of 416.58 feet
to the point of beginning.
Said easement contains 1.95 acres, more or less.
EXHIBIT "E"
d CT- 9 -92 PR I 17:S2 VP FOR ReSEAR CH P.04
soon 2630 PA.�r 463
�., Rights or claims of parties in possession not shown by the public
records.
1. Easements, or claims of easements, not shown by the public
records.
r`
.
t
EXHIBIT "F"
4. any lion, or right to a lien, for services, labor or material
theretofore or hereafter furnished, imposed by law and not shown
by the public records.
6. Taxes dud and payable; and any tax, opecial assessments, charge or
lion isposed for water or sewer service, or for any other special
taxing district.
Boor 2630 � 464
7. Reservation of right of proprietor of any penetrating vein or lode
to extract his ore, in U.S. Patent recorded in Book 91 at Page 23
and in Book 10 at Page 80 and in Book 67 at Page 63.
8. Reservations of (1) right of proprietor of any penetrating vein or
lode to extract his ore; and (2) right of way for any ditches or
canals constructed by authority of United States, in U.S. Patent
recorded June 1, 1891 in Book 123 at Page 137 and August 18, 1891
in Book 123 at Page 401.
9. Undivided 1/8 Royaltiy interest in all oil, gas and other mineral
rights as conveyed to Continental Oil Company by B. V. Ruppel and
Rosalee Abbott Ruppel in a Deed recorded July 6, 1942 in Book 930
at Page 457 and any interests therein or rights thereunder.
10. All grantors interest in all oil, gas and other mineral rights, as
reserved by B. V. Ruppel and Rosalee Abbott Ruppel in the Deed to
C. E. Maudslay recorded November 14, 1945 in Book 1000 at Page 235
and any interests therein or rights thereunder.
11. Easement and right of way for transmission of electrical energy,
purposes granted to Western Power & Gas Company, by instrument
recorded April 13, 1965 in Book 1566 at Page 769.
12. Right to deny or restrict each and every right of access to and
from the land insured hereby, directly onto abutting street or
highway designated as a portion of State Highway No. 47, along or
across a line described as follows:
U - 047 -1(1) 11 -Rev. 2 Northerly
Project Number Parcel Number Location of Line
Beginning at a point on the South line of Section 17, Township 20
South, Range 64 West, 6th P.M. in Pueblo County, Colorado, from
which the SE corner of Section 17 bears North 88 deg. 38 min.
East, a distance of 1,488.0 feet;
1. Thence North 61 deg. 08 min. West, a distance of 232.9 feet;
2. Thence North 54 deg. 28 min. 30 sec. West, a distance of 302.0
feet;
3. Thence North 61 deg. 08 min. West, a distance of 1,600.0 feet;
4. Thence North 67 deg. 58 min. 30 sec. West, a distance of 503.6
feet;
5. Thence North 61 deg. 08 min. West, a distance of 1,448.9 feet
to the Southwesterly property line as recorded in Book 1522 at
Pagd 133 - - - --
Project No. U 047 -1(1)
College Road - Pueblo
Parcel No. 11 -Rev. 2
ALSO
Beginning at a point on the North line of Section 20, Township 20
South, Range 64 West, 6th P.M., in Pueblo County, Colorado, from
which the NE corner of said Section 20 bears North 88 deg. 38 min.
East, a distance of 1,488.0 feet;
1. Thence South 61 deg. 08 min. East, a distance of 61.7 feet to
the Southeasterly property line as recorded in Book 1522 at Page
133.
ALSO
Southerly
Location of Line
soon 2630 r�Gr 46
Beginning at a point on the Southwesterly p roperty line as
recorded in Book 1522 at Page 133, from which the SW corner of the
NW1 /4 of the SW1 /4 of Section 17, Township 20 South, Range 64
West, 6th P.M. in Pueblo County, Colorado, bears South 75 deg. 37
min. West, a distance of 819.9 feet;
1. Thence along said Southwesterly property line along the arc of
a curve to the left with a radius of 1,200.0 feet, a distance of
94.4 feet (the chord of this arc bears South 61 deg. 08 min. East,
a distance of 94.3 feet), by reason of grant or relinquishment of
said access right(s) by deed from Trustees of the State Colleges
in Colorado on behalf of Southern Colorado State College to the
Department of Highways, State of Colorado, recorded March 4, 1968
in Book 1630 at Page 593.
13. Easement and right of way for the construction, maintenance,
repair, replacement and operation of a water pipe line, as granted
to Pueblo, a Municipal Corporation by Suburban Land Co., a
Colorado Corporation., recorded November 24, 1959 in Book 1405 at
Page 255, affecting the following described property:
Also a strip of land, 30 feet in width, and being 15 feet on each
side of the following described centerline, said strip of land
being across the North 30 feet of the North half of the Northwest
quarter of Section 17, Township 20 South, Range 64 West of the 6th
P.M., (being across Blocks 81 -88, and those streets and alleys
adjacent thereto, in vacated Edgeplain) and across the North 30
feet of the North half of the Northeast quarter of Section 18,
Township 20 South, Range 64 West of the 6th P.M., said centerline
being described as follows:
Beginning at said fourth point of terminus; thence South 89 deg.
09 min. West, 15 feet South of and parallel to the said North line
of the North half of the Northwest quarter of said Section 17, a
distance of 2655.8 feet to a point on the line common to the said
Sections 17 and 18; thence North 88 deg. 27 min. West, 15 feet
South of and parallel to the North line of the said Section 18, a
distance of 2640 feet to a point on the North -South centerline of
the said Section 18, which is a fifty point of terminus, and other
property.
14. Easement and right of way for a non - exclusive temporary easement
purposes granted to H. B. Whittmore and Eva Whittmore August
(Gus) Serracino and Virginia E. Serracino, Kimberly Diana Howell,
Trustee, and Pueblo Cellular Telephone, Inc. by the Colorado State
Board of Agriculture for the use and benefit of the University of
Colorado by instrument recorded April 6, 1989 in Book 2441 at Page
423, and re- recorded April 5, 1990 in Book 2492 at Page 347.
goon 2630 466
A portion of the S14 of the S� of Section 8 and a portion of the NWi
and the NWY, of the SWY of Section 17, Township 20 South, Range 64 West of of�the 6th P.M.
and being more particularly described as follows:
Considering the North line of said Section 17 to bear N.88 45' -07 "E. and all bearings contain-
ed herein being relative thereto.
Commencing at the Northeast corner of said Section 17; thence S. 45 07 "W., along the
said North line of Section 17, a distance of 1125.61 feet to the True Point of Beginning;
thence continuing 5 °- 45'- 07 "W., along said North line,a distance of 625.95 feet; thence
S.72 21'- 35 "W., a distance of 109.40 feet; thence 5.88 45 07 "W., a distance of 775.56 feet;
thence S.07 45 54 "E., a distance of 612.93 feet; thence 5.61 ° - 46'- 30 "E., a distance of
120.16 feet; thence S- a distance of 399.24 feet; thence Southwesterly, along
the arc of a curve to the left whose center bears S.08 ° - 40' -56 "E. and whose radius is
1000.00 feet, a distance of 677.63 feet; thence N.69 01 16 "W., a distance of 448.85 feet;
thence S. 43 50 "W., a distance of 108.53 feet; thence S.73 21 34 "W., a distance of
243.61 feet; thence S. 290- 22 01 "W., a distance of 86.60 feet; thence S.07 °- 35 02 "E., a dis-
tance 237.05 feet; thence S. 01 13 "W., a distance of 466.71 feet;
t
a distance of 235.55 feet; thence S.17 18 22 "W., a distance of 435.74f et; thence Westerly,
along the arc of a curve to the left whose center bears S.08 25' -24 "W. and whose radius is
540.00 feet, a distance of 90.48 feet; thence S.88 49 25 "W., a distance of 236.89 feet;
thence N.111 °- 31 "- 41 "W., a distance of 207.63 feet; thence N.80 16'- 30 "W., a distance of
148.35 feet; thence N. 400- 22 54 "W., a distance of 139.95 feet; thence N.03 ° - 30'- 16 "E., a
distance of 110.39 feet; thence N.16 44 10 "E., a distance of 129.35 feet; thence
N. 38'- 20 "W., a distance of 335.32 feet; thence N.02 09 42 "E., a distance of 330.99 feet;
thence N. °- 41 58 "W., a distance of 52.27 feet; thence N. 03'- 11 "E., a distance of
416.58 feet to the West Boundary Line of the University of Southern Colorado; thence
N. 49'- 20 "E., along said West Boundary Line, a distance of 1362.74 feet to the South line of
said Section 8; thence S.88 45 07 "W., along said South line, a distance of 572.52 feet; thence
N.27`04'- 34 11 W., a distance of 244.54 feet; thence N.02 07'- 44 "W., a distance of 244.82 feet;
thence N.22 47 34 "W., a distance of 145.99 feet; thence N.01 ° - 21'- 26 "W., a distance of
201.80 feet; thence N.84 " 42 42 "E., a distance of 213.25 feet; thence N.49 °- 38 00 "E., a dis-
tance of 536.57 feet; thence S.89 ° - 40 46 "E., a distance of 406.94 feet; thence N.81 53'- 21 "E.,
a distance of 316.49 feet; thence S.89 ° - 32 09 "E., a distance of 415.25 feet; thence
5 " 05'- 57 "E., a distance of 340.24 feet; thence 5.85 32'- 52 "E., a distance of 857.63 feet;
thence N.87 "- 17 10 "E., a distance of 426.43 feet; thence N.68 46'- 4.1 "E., a distance of
345.78 feet; thence 5.83 07 43 "E., a distance of 168.30 feet; thence 5.41 ° - 46'- 46 "E., a
distance of 96.41 feet; thence S.00-50'- 50 "W., a distance of 335.85 feet; thence S.18 21 04 11 W.,
a distance of 397.28 feet; thence 5.27 48 48 "W., a distance of 377.34 feet to the Point of
Beginning.
Containing 179.268 acres.
EXHIBIT ." G"
The foregoing le gal description was prepared by Raymond F. Koester,
?egistered Land Surveyor, KLH Engineering Consultants, Inc.,
11 East 5th Street, Pueblo, CO 81003
Reception 993444
12/14/1992
SPECIAL WARRANTY DEED
The City of Pueblo, a home rule municipality duly organized
and existing under the laws and Constitution of the State of
Colorado ( "Grantor ") whose street address is 1 City Hall Place,
Pueblo, Colorado, 81003, for the consideration of Ten Dollars and
other good and valuable consideration, in hand paid, hereby sells
and conveys to the Colorado State Board of Agriculture, a
university governing board established pursuant to the laws and
Constitution of the State of Colorado, that certain real property
in the County of Pueblo and State of Colorado as described in
Exhibit "A" hereto, with all its appurtenances and warrant the
title against all persons claiming under the Grantor subject to
(i) general property taxes for 1992 payable in 1993, (ii)
reconveyance obligations set forth in the Quit Claim Deed and all
matters affecting title as described on Exhibit B thereto recorded
January 3, 1989 in Book 2430 at Page 651, and (iii) the Option
Agreement recorded January 3, 1989 in Book 2430 at Page 660.
Executed the f`� -- 1992.
day of 11
A,rtEsT..;i
Cj erk
Y
COUNT , -y CSF" kUEBLO )
) s s .
STATE bF COLORADO
THE CITY OF PUEBLO,
a home rule municipality
Pres' ent of he City Council
The foregoing instrument was acknowledged
_ k/ � day o f D �- _�_r 1 1992 by Fay
President of the City Council and Marian D. Mead
the City of Pueblo, a home rule municipality.
--Witness my hand and off.' cial seal.
c
J
I c n rnm i s s i o n
isr
-E LI
before me this
B. Kastelic as
as City Clerk of
expir
/No ry Public
The legal description contained in Exhibit "A" was prepared by
Raymond F. Koester, Registered Land Surveyor, KLH Engineering
Consultants, Inc., 111 East 5th Street, Pueblo, Colorado, 81003
TJ 54.24
EXHIBIT "A" 00,.2630 447
A parcel of land located in the South 1/2 of the South 1/2 of Section 8,
the West 1/2 and the Northeast 1/4 of Section 17 and the Northeast 1/4 of
the Southeast 1/4 of Section 18, all being in Township 20 South, Range 64
West of the 6th Principal Meridian, more particularly described as follows:
Beginning at a point from which the Northeast corner of said Section 17
bears N 89 0 12 1 00" E (bearings based on the North line of said Section 17 to
bear N 89 ° 12'00" E), a distance of 860.00 feet; thence N 00 ° 48 1 00" W, a
distance of 1,211.87 feet; thence S 89 ° 12'00" W, a distance of 3,848.88 .
feet; thence S 00 ° 48'00" E, a distance of 1,211.87 feet to a point on the
North line of said Section 17; thence N 89 ° 12 1 00" E along said North line,
a distance of 718.58 feet; thence S 39 ° 16'13" W, a distance of 2,896.41
feet (S 39 0 12' W, 2,900 feet, Deed) to the Southeast corner of Lot 4, Block
53, in University Park Subdivision, 15th Filing, according to the recorded
plat as filed for record in Book 2221 at Page 323 of the Pueblo County
Records; thence S 40 ° 56'39" E (S 40 °48" E, Deed), a distance of 1,339.14 feet
to the North line of a permanent highway easement as recorded in Book 1'080
at Page 593 of the Pueblo County Records; thence S 61 ° 08'36" E (N 61 °08' W,
Deed) along said North line, a distance of 1,049.84 feet; thence N 28 ° 51'24" E,
a distance of 483.25 feet; thence Northerly along the arc of a non - tangent
curve to the right whose center bears N 72 ° 03'16" E, having a central angle
of 44 ° 34'19" and a radius of 800 feet, a distance of 622.34 feet; thence
N 26 ° 37'35" E, a distance of 1,368.09 feet; thence Northeasterly along the
arc of a curve to the right, having a central angle of 61 ° 59'23" and a
radius of 800 feet, a distance of 865.31 feet; thence N 01'24'02" W, a
distance of 1,091.15 feet more or less to a point on the North line of said
Section 17; thence N 89 ° 12'00" E along said North line, a distance 1,606.51
feet to the point of beginning. Said parcel contains 260 acres more or less.
EXCEPT AND RESERVING, HOWEVER, UNTO THE GRANTOR THE FOLLOWING
PARCEL OF LAND DESCRIBED ON PAGE 2 HEREOF:
Page —1—
w_. EXHIBIT "A" - Continued no 2630 N! 448
A portion of the S% of the S% of Section 8 and a portion of the NW o, the NW/ of the NE
and the NW'i„ of the SW %, of Section 17, Township 20 South, Range 64 West of the 6th P.M.
and being more particularly described as follows:
Considering the North line of said Section 17 to bear N.88°- 45' -07 "E. and all bearings contain-
ed herein being relative thereto.
Commencing at the Northeast corner of said Section 17; thence S.88 45'- 07 "W., along the
said North line of Section 17, a distance of 1125.61 feet to the True Point of Beginning;
thence continuing S.88 ° - 45'- 07 "W., along said North line,a distance of 625.95 feet; thence
S.72 21 35 "W., a distance of 109.40 feet; thence S.88 45 07 "W., a distance of 775.56 feet;
thence S.07 45 54 "E., a distance of 612.93 feet; thence S.61 a distance of
120.16 feet; thence S.01 "- 49'- 31 11 E., a distance of 399.24 feet; thence Southwesterly, along
the arc of a curve to the left whose center bears S.08 40' -56 "E. and whose radius is
1000.00 feet, a distance of 677.63 feet; thence N.69 O1'- 16 "W., a distance of 448.85 feet;
thence S.77 43 50 "W., a distance of 108.53 feet; thence S.73 21 34 "W., a distance of
243.61 feet; thence S.29 22 01 "W., a distance of 86.60 feet; thence S.07 35 02 "E., a dis-
tance 237.05 feet; thence S.07 01 13 "W., a distance of 466.71 feet; thence S.38 08 01 "W.,
a distance of 235.55 feet; thence S.17 18 22 "W., a distance of 435.74 feet; thence Westerly,
along the arc of a curve to the left whose center bears S.08 25' -24 "W. and whose radius is
540.00 feet, a distance of 90.48 feet; thence S.88 49 25 "W., a distance of 236.89 feet;
thence N.41 31 41 "W., a distance of 207.63 feet; thence N.80 °- 16 30 "W., a distance of
148.35 feet; thence N.40 22 54 "W., a distance of 139.95 feet; thence N.03 30'- 16 "E., a
distance of 110.39 feet; thence N.16 44 10 "E., a distance of 129.35 feet; thence
N.05 38'- 20 "W., a distance of 335.32 feet; thence N.02 09 42 "E., a distance of 330.99 feet;
thence N.67 41 58 "W., a distance of 52.27 feet; thence N.00 03'- 11 "E., a distance of
416.58 feet to the West Boundary Line of the University of Southern Colorado; thence
N.38 "- 49'- 20 "E., along said West Boundary Line, a distance of 1362.74 feet to the South line of
said Section 8; thence S.88 45 07 "W., along said South line, a distance of 572.52 feet; thence
N.27 04 34 "W., a distance of 244.54 feet; thence N.02 07 44 "W., a distance of 244.82 feet;
thence N.22 47 34 "W., a distance of 145.99 feet; thence N.01 a distance of
201.80 feet; thence N.84 42 42 "E., a distance of 213.25 feet; thence N.49 ° - 38 00 "E., a dis-
tance of 536.57 feet; thence S.89 40 46 "E., a distance of 406.94 feet; thence N.81
a distance of 316.49 feet; thence S.89 32'- 09 "E., a distance of 415.25 feet; thence
S.78 05' 57 "E., a distance of 340.24 feet; thence S.85 32 52 "E., a distance of 857.63 feet;
thence N.87 17 10 "E., a distance of 426.43 feet; thence N.68 46 41 "E., a distance of
345.78 feet; thence S.83 07 43 "E., a distance of 168.30 feet; thence S.41 a
distance of 96.41 feet; thence S.00- 50 50 "W., a distance of 335.85 feet; thence S.18 21 04 "W.,
a distance of 397.28 feet; thence S.27 48 48 "W., a distance of 377.34 feet to the Point of
Beginning.
Containing 179.268 acres.
Page -2-
Reception 993446
12/14/1992
QUIT CLAIM DEED
The Colorado State Board of Agriculture, a university
governing board established pursuant to the laws and Constitution
of the State of Colorado ( "Grantor "), whose street address is 1625
Broadway, Suite 1460, Denver, Colorado, 80202, for the
consideration of Ten Dollars and other good and valuable
consideration, in hand paid, hereby sells and quit claims to the
City of Pueblo, a home rule municipality duly organized and
existing under the laws and Constitution of the State of Colorado
( "Grantee "), whose street address is 1 City Hall Place, Pueblo,
Colorado, 81003, that certain real property in the County of
Pueblo and State of Colorado as described in Exhibit "A" hereto,
with all its appurtenances thereunto belonging or in anywise
thereunto appertaining.
Executed this
C ol . 1s� •
° COL P ,•
• Ti e:
:)A �A, ay of rq - - _ -_, 19 9 2 .
THE COLORADO STATE BOARD OF AGRI-
CULTURE, a university governing
board
By
Title. resident
COUNTY OF
ss.
STATE OF COLORADO )
The foregoi g instrument was acknowledged befo e me this
�4— day of �� 1992 by
as President of the Colorado State BoarO of Agriculture, a
university governing board.
Witness my hand and official seal.
My commission expires: *00ff MfiG� E3q*49D8Q2f*w17,1on
Notary Pu
TJ 54.23
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BOO.. 2630 N�cE 454
A portion of the Sk of the S4 of Section 8 and a portion of the NW 3 the NW of the NEY
and the NW,,, of the SW). of Section 17, Township 20 South, Range 64 West of the 6th P.M.
and being more particularly described as follows:
Considering the North line of said Section 17 to bear N.88 45' -07 "E. and all bearings contain-
ed herein being relative thereto.
Commencing at the Northeast corner of said Section 17; thence S.88 45 07 "W., along the
said North line of Section 17, a distance of 1125.61 feet to the True Point of Beginning;
thence continuing S. 880- 45'- 07 "W., along said North line,a distance of 625.95 feet; thence
5 .72 0- 21 35 "W., a distance of 109.40 feet; thence S.88 45 07 "W., a distance of 775.56 feet;
thence S. 45'- 54 "E., a distance of 612.93 feet; thence S.61 46'- 30 "E., a distance of
120.16 feet; thence S. 010- 49 31 11 E., a distance of 39924 feet; thence Southwesterly, along
the arc of a curve to the left whose center bears S.08 0 40 56 " E. and whose radius is
1000.00 feet, a distance of 677.63 feet; thence N.69 01 16 "W., a distance of 448.85 feet;
thence S. 43 50 "W., a distance of 108.53 feet; thence S.73 21 34 "W., a distance of
243.61 feet; thence S. 290- 22 01 "W., a distance of 86.60 feet; thence S.07 35 02 "E., a dis-
tance 237.05 feet; thence S.07 01 13 "W., a distance of 466.71 feet;
t
a distance of 235.55 feet; thence S.17 18 22 "W., a distance of 435.74 feet; thence Westerly,
along the arc of a curve to the left whose center bears S.08 25' -24 "W. and whose radius is
540.00 feet, a distance of 90.48 feet; thence S.88 49 25 "W., a distance of 236.89 feet;
thence N. 31 "- 41 "W., a distance of 207.63 feet; thence N.80 16 30 "W., a distance of
1 feet; thence N.40 22 54 "W., a distance of 139.95 feet; thence N.03 30 16 "E., a
distance of 110.39 feet; thence N.16 44 10 "E., a distance of 129.35 feet; thence
N.05 38 20 "W., a distance of 335.32 feet; thence N.02 09 42 "E., a distance of 330.99 feet;
thence N.67 41- 58 "W., a distance of 52.27 feet; thence N.00 03 11 11 E., a distance of
41 G.58 feet to the West Boundary Line of the University of Southern Colorado; thence
N.38 49'- 20 "E., along said West Boundary Line, a distance of 1362.74 feet to the South line of
said Section 8; thence S.88 45 07 "W., along said South line, a distance of 572.52 feet; thence
N. 04'- 34 "W., a distance of 244.54 feet; thence N.02 07 "W., a distance of 244.82 feet;
thence N.22 47 34 "W., a distance of 145.99 feet; thence N.01 21'-26 "W., a distance of
201.80 feet; thence N.84 42 42 "E., a distance of 213.25 feet; thence N.49 38 00 "E., a dis-
tance of 536.57 feet; thence S.89 40 46 "E., a distance of 406.94 feet; thence N.81 53 21 "E.,
a distance of 316.49 feet; thence S.89 32 09 "E., a distance of 415.25 feet; thence
S. 780- 05' 57 "E'., a distance of 340.24 feet; thence S.85 32 52 "E., a distance of 857.63 feet;
thence N.87 17 10 "E., a distance of 426.43 feet; thence N.68 46 41"E., a distance of
345.78 feet; thence S.83 07 43 "E., a distance of 168.30 feet; thence S.41 46 46 "E., a
distance of 96.41 feet; thence S.00- 50'- 50 "W., a distance of 335.85 feet; thence S.18 21 04
a distance of 397.28 feet; thence S.27 48 48 "W., a distance of 377.34 feet to the Point of
Beginning.
Containing 179.268 acres.
EXHIBIT ."A"
The foregoing le al description was prepared by Raymond F. Koester,
'registered Land Surveyor, KLH Engineering Consultants, Inc.,
Ali East 5th Street, Pueblo, CO 81001
l
CERTIFICATES
The following Certificates are given to Pueblo Bank and Trust
Company as Trustee pursuant to Sections 7.1 and 11.5 of the Golf
Course Lease Purchase And Sublease Agreement dated as of January 1,
1989 between Pueblo Municipal Property Corporation as Lessor and
Sublessor and City of Pueblo, Colorado as Lessee and Sublessee.
CERTIFICATE NO. 1
Billy G. Martin as City's Representative, after consultation
with the Project Manager, certifies that (a) the legal description
of the layout of the Golf Course is set forth in the attached
Exhibit "A ", (b) the Site is suitable for a Golf Course, (c) the
layout for the Golf Course has been determined, and (c) the Con-
struction of the Golf Course including the Earthwork has been
completed.
Billy G. Martin as City's Representative requests the release
of the portion of the Site not included in the layout of the Golf
Course.
Dated S`t._(Vlpeffz ty , 1992.
q� -
Name: Billy .
Title: City's Representative
CERTIFICATE NO. 2
The undersigned, City's Representative, Project Manager and
architect of the Golf Course, hereby certify that the release of the
portion of the Site not included in the layout of the Golf Course
will not materially adversely affect the Project or the value
thereof or the ability of the City to use or operate the Project or
to fulfill its obligation under the Ground Lease or the Golf Course
Lease Purchase And Sublease Agreement.
Dated !L' , 1992.
f � _
Name: Billy G. Martin
Title: City's Representative
Name: Robert Gilliland
Title: P ject M age
N e: Keith Oster
Title: Architect
A portion of the Sh of the S% of Section 8 and a portion of the NW 4, the NW /4 of the NEi
and the NW of the SW %, of Section 17, Township 20 South, Range 64 West of the 6th P.M.
and being more particularly described as follows:
Considering the North line of said Section 17 to bear N.88 45' -07 "E. and all bearings contain-
ed herein being relative thereto.
Commencing at the Northeast corner of said Section 17; thence S.88 45 07 "W., along the
said North line of Section 17, a distance of 1125.61 feet to the True Point of Beginning;
thence continuing S.88 45 07 "W., along said North line,a distance of 625.95 feet; thence
S.72 21 35 "W., a distance of 109.40 feet; thence S.88 °- 45 07 "W., a distance of 775.56 feet;
thence S.07 45 54 "E., a distance of 612.93 feet; thence S.61 a distance of
120.16 feet; thence S.01 a distance of 399.24 feet; thence Southwesterly, along
the arc of a curve to the left whose center bears S.08 40' -56 "E. and whose radius is
1000.00 feet, a distance of 677.63 feet; thence N.69 01 16 "W., a distance of 448.85 feet;
thence S.77 43 50 "W., a distance of 108.53 feet; thence S.73 21 34 "W., a distance of
243.61 feet; thence S.29 22 01 "W., a distance of 86.60 feet; thence S.07 35 02 "E., a dis-
tance 237.05 feet; thence S.07 01 13 "W., a distance of 466.71 feet; thence S.38 08 01 "W.,
a distance of 235.55 feet; thence S.17 18 22 "W., a distance of 435.74 feet; thence Westerly,
along the arc of a curve to the left whose center bears S.08 25' -24 "W. and whose radius is
540.00 feet, a distance of 90.48 feet, thence S.88 49 25 "W., a distance of 236.89 feet;
thence N.41 31"- 41 "W., a distance of 207.63 feet; thence N.80°- 16'- 30 "W., a distance of
148.35 feet; thence N.40 22 54 "W., a distance of 139.95 feet; thence N.03 °- 30 16 "E., a
distance of 110.39 feet; thence N.16 44 10 "E., a distance of 129.35 feet; thence
N.05 38 20 "W., a distance of 335.32 feet; thence N.02 09 42 "E., a distance of 330.99 feet;
thence N.67 41 58 "W., a distance of 52.27 feet; thence N.00°- 03'- 11 "E., a distance of
416.58 feet to the West Boundary Line of the University of Southern Colorado; thence
N.38 49'- 20 "E., along said West Boundary Line, a distance of 1362.74 feet to the South line of
said Section 8; thence S.88 45 07 "W., along said South line, a distance of 572.52 feet; thence
N.27 04'- 34 "W., a distance of 244.54 feet; thence N.02 °- 07 44 "W., a distance of 244.82 feet;
thence N.22 47 34 "W., a distance of 145.99 feet; thence N.01 0 - 21 26 "W., a distance of
201.80 feet; thence N.84 42 42 "E., a distance of 213.25 feet; thence N.49 38 00 "E., a dis-
tance of 536.57 feet; thence S.89 40 46 "E., a distance of 406.94 feet; thence N.81 53'- 21 "E.,
a distance of 316.49 feet; thence S.89 ° - 32 09 "E., a distance of 415.25 feet; thence
S.78 05'- 57 "E., a distance of 340.24 feet; thence S.85 ° - 32 52 "E., a distance of 857.63 feet;
thence N.87 17 10 "E., a distance of 426.43 feet; thence N.68 46 41 "E., a distance of
345.78 feet; thence S.83 07 43 "E., a distance of 168.30 feet; thence S.41 °- 46'- 46 "E., a
distance of 96.41 feet; thence S.00- 50 50 "W., a distance of 335.85 feet; thence S.18 21 04 "W.,
a distance of 397.28 feet; thence S.27 °- 48 48 "W., a distance of 377.34 feet to the Point of
Beginning.
Containing 179.268 acres.
- EXHIBIT "A"