HomeMy WebLinkAbout11830RESOLUTION NO. 11830
A RESOLUTION APPROVING AND ACCEPTING A
CONVEYANCE OF REAL PROPERTY FROM
BLACK HILLS /COLORADO ELECTRIC UTILITY
COMPANY LP AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO
EXECUTE THE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SFOTinN 1
The Warranty Deed and Right of Reversion dated as of March 3, 2010 relating to
the annexation of the Northeast Corridor Annexation, a copy of which is attached
hereto, having been approved as to form by the City Attorney, is hereby approved and
accepted.
SECTION 2.
The President of the City Council is authorized to execute the Warranty Deed
and Right of Reversion in the name of the City. The City Clerk is directed to affix the
seal of the City thereto, attest same, and record the Warranty Deed and Right of
Reversion in the office of the Pueblo County Clerk and Recorder.
INTRODUCED: March 8, 2010
BY: Vera Ortegon
COUNCILPERSON
APPROVED:
FtE51DENT CF CITY CC) UNCIL
ATTESTED BY:
GIB' Y CLERK
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
A RESOLUTION APPROVING AND ACCEPTING A CONVEYANCE OF REAL
PROPERTY FROM BLACK HILLS /COLORADO ELECTRIC UTILITY COMPANY LP
AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE
SAME
ISSUE
Should the City Council accept a warranty deed and right of reversion from Black
Hills /Colorado Electric Utility Company, LP, a Delaware limited partnership for 71.084
acres of property that will be annexed into the City and provide contiguity for the future
Black Hills Annexation?
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
Black Hills /Colorado Electric Utility Company, LP, a Delaware limited partnership
( "Black Hills "), is owner of the property commonly known as the North -South Corridor
and the East -West Corridor, collectively referred to as the "Property ". To facilitate the
future annexation of the proposed Black Hills Power Plant Site, Black Hills has offered
to convey the Property totaling 71.084 acres to the City. The property conveyance to
the City will allow City Council to annex the Northeast Corridor parcel into the city limits
of Pueblo. If the Property is annexed into the City, the proposed power plant property,
owned by Black Hills, would be eligible to be annexed into the City. The property
conveyance from Black Hills contains a right of reversion within Section 3 of the deed
stipulating that if one of the two Triggering Events occurs, the property will revert back
to Black Hills.
FINANCIAL IMPACT
None.
Reception 1635397
03/10/2010 03:32:50 PM
WARRANTY DEED AND RIGHT OF REVERSION
THIS DEED, made this 3rd day of March, 2010, between Black Hills/Colorado Electric
Utility Company, LP, a Delaware limited partnership ( "Grantor "), whose legal address is 1515
Wynkoop Street, Suite 500, Denver, CO, 80202, and the City of Pueblo, a Municipal
Corporation ( "Grantee "), whose legal address is 1 City Hall Place, Pueblo, CO, 81003.
WITNESSETH, that Grantor, for and inconsideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, hereby sells and conveys to Grantee, its successors and assigns forever, the real
property, together with improvements, if any, situate, lying and being in the County of Pueblo
and State of Colorado, as more particularly described on Exhibit "A" attached hereto (the
"Property"), including both the real property identified in said Exhibit "A" as the East -West
Corridor ( "East -West Corridor ") and the real property identified in Exhibit "A" as the North -
South Corridor ( "North -South Corridor "), with all its appurtenances, and Grantor warrants the
title to same, free and clear from all taxes and assessments affecting the Property for the period
of time prior to the date of this Deed, encumbrances except for those easements identified on
Exhibit B and reservations contained in the patents identified on Exhibit B, and restrictions of
whatever kind or nature whatsoever.
Subject only to the reservation on behalf of Grantor and its successors and assigns, of the
right to enforce the following covenants, agreements, rights and restrictions imposed upon the
Property and Grantee regarding the use and sale or transfer of the Property:
1. Facilities Property All of the covenants, agreements, rights and restrictions
imposed upon the Property herein are for the benefit of land that Grantor and Black Hills
Colorado IPP, LLC own and that is contiguous to the Property, as more particularly described on
Exhibit "C" attached hereto (the "Facilities Property").
2. Easements; Use of Property Grantor reserves unto itself a non - exclusive
Temporary Easement on, over, under, across and through the Property for the purpose and uses
set forth in this section, subject to the terms and requirements herein provided; and said
Temporary Easement shall automatically terminate as herein provided:
(a) Grantor shall construct, at its sole cost and expense, a temporary access
driveway ( "Driveway ") on and along the North -South Corridor of the Property from William
White Boulevard to the Facilities Property, at such location within the North -South Corridor as
the Grantee shall designate. The Driveway and disturbed area adjacent thereto shall not exceed
seventy (70) feet in width except at locations where drainage facilities must be installed, and
shall be used and maintained by Grantor for construction access during construction of the
facilities identified in Exhibit "D " (the "Facilities ") upon the Facilities Property. Grantor may
also install water lines and other utilities in the Driveway, provided all below - ground utilities and
water lines are constructed and installed in accordance with the Standard Construction
water lines are constructed and installed in accordance with the Standard Construction
Specifications and Standard Details for the City of Pueblo, Colorado, Revised March 28, 2005,
the Storm Drainage Design Criteria and Drainage Policies for City of Pueblo, Colorado, June 9,
1997, and the Rules and Regulations of the Pueblo Board of Water Works.
(b) Grantor may construct, at its sole cost and expense, a water main ( "Water
Main ") and/or other utilities within the East -West Corridor of the Property commencing at the
west boundary of the East -West Corridor and ending at the Facilities Property. If constructed,
the Water Main shall be constructed in accordance with the Rules and Regulations of the Pueblo
Board of Water Works; all other utilities shall be installed in accordance with the Standard
Construction Specifications and Standard Details for the City of Pueblo, Colorado, Revised
March 28, 2005, and to the extent not inconsistent therewith, the standards of the industry and
rules of the applicable utility company
(c) During the construction of the Facilities, use of the Property shall be
limited to Grantor and Grantor's affiliates, officers, employees, contractors, subcontractors,
vendors and suppliers and the Grantee, including its City Council, officers, employees, agents
and contractors, the Board of Water Works and its Board Members, officers, employees and
contractors and the Pueblo Regional Building Department and its employees, provided that (i) a
representative of Grantor shall be present while any representative of the Grantee, the Board of
Water Works or the Pueblo Regional Building Department is present on the Property, and (ii)
while present on the Property, representatives of the Grantee, the Board of Water Works or the
Pueblo Regional Building Department shall comply with the provisions of the Occupational
Safety and Health Administration related to construction sites as implemented by the policies
and procedures of Grantor applicable to the Property. Notwithstanding the preceding sentence, in
the event of emergency, accident or incident to which representatives of the Grantee respond,
such representatives may access the Property without a representative of Grantor, provided that
the Grantee shall be responsible for the safety of its officers, agents and employees while on the
Property. Upon written consent of Grantee, Grantor may allow access to and use of the
Driveway by adjacent property owners.
(d) Grantor may construct temporary gates and fences across the Property
during construction of the Facilities in order to control access to the Facilities. In the event
Grantor erects any gates, Grantor shall provide keys and other means of access to Grantee and
Grantee's officers, employees, agents and contractors, to Board of Water Works, and its officers,
employees and contractors, and to Pueblo Regional Building Department and its employees.
(e) After the installation of the Water Main in the East -West Corridor,
Contractor shall re- grade, re -seed and restore the surface of the ground in the Property disturbed
during construction and installation of the Water Main to the condition it was in prior to such
installation. Such restoration shall be completed on or before ninety (90) days following
completion of the Water Main; provided that if the ninety (90) days period ends between
November 15, 2010 and March 15, 2011, Grantor shall have until June 1, 2011 to complete the
restoration.
2
(f) The Temporary Easement reserved to Grantor herein shall automatically
terminate on or after December 31, 2011, if and when all of the following events have occurred:
the Facilities Property is annexed to the City of Pueblo, Colorado; the Facilities Property is
zoned in accordance with the requirements of §31 -12 -115, C.R.S.; and the City of Pueblo has
approved a subdivision of the Facilities Property.
(g) No provision of this Warranty Deed and Right of Reversion shall be
construed to be a waiver or relinquishment of any of the legislative powers of Grantee, and the
City Council of Grantee may, in its sole and absolute discretion, approve the annexation of the
Facilities Property to City or not approve such annexation, for any reason or for no reason. The
provisions of this Deed are not intended, nor shall they be construed to limit or restrict the terms
and requirements that Grantor may impose in any annexation agreement concerning the Facilities
Property. The conditions set forth in section 2(f) above shall not constitute any promise,
covenant or contractual commitment to grant any request to rezone the Facilities Property nor to
approve any subdivision application for the Facilities Property.
(h) With respect to all use of the Temporary Easement, including all
construction, installation, repair, maintenance, replacement and use of the Water Main,
Driveway, utilities, water lines and other facilities (collectively "Use of Easement "), except as
provided in subsection 2(c) Grantor agrees to assume full liability and responsibility for all
injuries, including death, and property damage, occurring during the term of the Temporary
Easement, to Grantee, Grantee's City Council, officers, agents, employees, contractors, attorneys,
successors and assigns. Grantor also agrees to hold harmless, indemnify and defend Grantee and
Grantee's City Council, officers, agents, employees, contractors, attorneys, successors and
assigns, from all liability and expense on account of any and all actions, claims, expenses,
liabilities, damages to property, or injury, including death, arising from or out of the Use of
Easement during the term of the Temporary Easement. The provisions of this subsection (h) shall
expressly survive the occurrence of any Triggering Event, as defined below, and reversion of
title to the Property.
(i) Grantor shall comply with all federal, state and local environmental laws
and regulations ( "Environmental Regulations ") that are applicable to the Use of Easement by
Grantor, its agents and contractors, including obtaining all air quality and water quality permits
applicable to the Use of Easement. Grantor shall not undertake any activity upon the Property
which would cause or permit: (A) the presence, use, generation, release, discharge, storage or
disposal of any Hazardous Material in, on, under, about or from the Property or any part thereof
in violation of Environmental Regulations; (B) any portion of the Property to become a
hazardous waste treatment, storage or disposal facility; or (C) the discharge of any pollutants or
effluents into any water system, or the discharge into the air of any emissions, without receiving
proper governmental authorization, and in compliance with all Environmental Regulations,
including, without limitation, the Federal Water Pollution Control Act, 42 U.S.C. § 125, et seq.,
and the Clean Air Act, 42 U.S.C. §7401 et seq. As used herein, "Hazardous Material" means any
hazardous or toxic substance, material or waste which is or becomes regulated by any local
government authority, the State of Colorado, or the United States government and shall include,
but not be limited to: (A) substances defined as "hazardous waste," "restricted hazardous waste,"
"hazardous substance" or "hazardous material" under an applicable federal, state or local law or
regulation, (B) asbestos - containing materials, (C) PCBs, (D) petroleum or petroleum based
products, except to the extent used as fuel contained in motor vehicles, and (E) lead. Grantor
agrees to hold harmless, indemnify and defend the Grantee, and its officers, employees, agents,
attorneys, successors, and assigns, as their interest may appear, from all claims, losses, damages,
penalties, expenses and costs, including, but not limited to, attorneys' fees, characterization,
remediation and cleanup costs, incurred by reason of the use, storage, generation, release,
discharge, maintenance, disposal, or removal of Hazardous Materials, in, on, under, about, or
from the Property, or any part thereof, by Grantor, its employees, agents, licensees, invitees,
contractors and subcontractors. The provisions of this subsection (i) shall expressly survive the
occurrence of any Triggering Event, as defined below, and reversion of title to the Property.
3. Right of Reversion
Upon the occurrence of a Triggering Event, as defined below, the conveyance
herein shall terminate and title to the Property and all improvements thereon shall revert to and
become vested again in Grantor, free and clear of the provisions of this Deed except for the
provisions of subsections 2(h) and (i), and any right, title or interest of the Grantee or any
persons claiming any interest in the Property, by, through or under Grantee. As used herein, the
term "Triggering Event" means the occurrence of either of the following: the Property is not
annexed to the City of Pueblo on or before April 26, 2010, or the Facilities Property is not
annexed to the City of Pueblo on or before December 31, 2010. The foregoing right of reversion
may be waived, modified, altered or amended only by written instrument executed and
acknowledged by Grantor and Grantee and recorded in the office of the Pueblo County Clerk and
Recorder. Upon the occurrence of a Triggering Event, Grantee shall execute, and cause to be
acknowledged and delivered to Grantor, a quit claim deed conveying Grantee's interest in and to
the Property to Grantor. Upon reversion of title to the Property to Grantor in accordance with the
provisions hereof, the Property, if annexed to the City, shall be disconnected from the City, the
Water Main shall be disconnected from the water system of the Board of Water Works at
Grantor's sole cost and expense, any connections to the City's sewer system shall be
disconnected, and Grantor and Grantee shall promptly execute all documents and perform all
acts reasonably necessary and required for each disconnection.
4. Development of Facilities Propertv Grantor shall not commence any
construction upon the Facilities Property or any part thereof, or include same in any special
district, until the first to occur of either of the following events: (a) the Facilities Property is
annexed to the City, or (b) title to the Property reverts to Grantor after the occurrence of a
Triggering Event. As used in this Section 4, the term "construction" shall not include
earthmoving activities on the Facilities Property which do not require issuance of any building
permit, nor modification or replacement of existing transmission facilities on the Facilities
0
Property, provided that Grantor complies with all regulatory requirements of the County of
Pueblo, Colorado with respect to such activities.
5. Covenants Run With the Land All of the foregoing covenants, agreements, rights
and restrictions shall be appurtenant to and for the benefit of all portions of the Property and the
Facilities Property, shall be a burden on the Property and the Facilities Property and all portions
thereof, and shall run with the land. All of the foregoing covenants, agreements, rights and
restrictions shall inure to the benefit of and be binding upon Grantor and Grantee and their
respective successors, transferees and assigns.
6. Severability If any clause, sentence or other portion hereof is held to be invalid
by any court, the same shall not affect the validity of the remaining provisions of this Deed and
all remaining provisions shall continue unimpaired and in full force and effect.
7. Venue Jurisdiction. Waiver of Jury Trial Venue for any action, proceedings or
other litigation of any type brought by either party against the other party for the enforcement or
interpretation of the covenants, agreements, rights, or restrictions in this Deed ( "Litigation ")
shall be in Pueblo County, Colorado. All such Litigation shall be filed in the District Court of
the Tenth Judicial District of Colorado, and Grantor and Grantee submit to the jurisdiction of
said District Court. Grantor and Grantee waive their respective rights to a trial by jury in any
such Litigation, and Grantor and Grantee agree that any such Litigation is to be tried to a court
without a jury.
S. Exhibits All of the exhibits attached hereto are hereby incorporated herein by
reference.
9. Attorneys' Fees In the event of any Litigation arising under this Deed, the
prevailing party in such Litigation shall be entitled to recover its costs and expenses (including
reasonable attorneys' fees, court costs and Litigation - related expenses) in addition to any other
relief granted in such Litigation.
10. Binding Effect Grantor and Grantee and their respective successors and assigns
acknowledge that the covenants, agreements, rights and restrictions contained in this Deed are a
material part of the consideration for this transaction, that they are both reasonable and legally
binding and that without them Grantor would have not delivered, and Grantee would not have
accepted, this Deed.
Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet
and peaceable possession of Grantee, its successors and assigns, against all and every person or
persons lawfully claiming the whole or any part thereof.
IN WITNESS WHEREOF, Grantor and Grantee have caused this Deed to be executed on
the day and year first above written.
GRANTOR:
BLACK HILLS /COLORADO ELECTRIC
UTILITY COMPANY, LP
By
Mark L. Lux, Vice President
Black Hills /Colorado Utility Company, LLC
General Partner
STATE OF COLORADO )
) ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 3rd day of March, 2010
Mark L. Luc, the Vice President of Black Hills Colorado Utility Company, LLC, the General
Partner of Black Hills /Colorado Electric Utility Company, L.P. on behalf of said company.
Witness my hand and official seal.
My commission expires: )gL7j ) .
[SEAL] °77 11
otary Public
GRANTEE:
CITY OF PUEBLO, A MUNICIPAL
CORPORATION
By L9A.Y lA L&) .
Lawrence W. Atencio
President of the City Council
Attest: �k= �` o
City C rk
0
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 96 day of MAr - C k
2010 by Lawrence W. Atencio, as President of the City Council, and Gina Dutcher, as the City
Clerk, City of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
expires: S 7 ZO
PUBLIC
EXHIBIT "A"
LEGAL DESCRIPTION OF THE "PROPERTY"
East -West Corridor
LEGAL DESCRIPTION:
The North 150 feet of the SE 1/4 of Section 15, less the East 150 feet of said North 150 feet;
The North 150 feet of the NE 1/4 of the SW 1/4 of Section 15;
A strip of land, 150 feet wide, through the NW 1/4 of the SW 1/4 of Section 15,
all in Township 20 South, Range 64 West of the 6 P.M., County of Pueblo, State of Colorado.
Further described as follows:
A parcel of land, located in Section 15, Township 20 South, Range 64 West of the 6th P.M.,
County of Pueblo, State of Colorado, with all the bearings contained herein based upon a bearing
of N88 °01'15 "E, as measured between the W 1/4 Corner of said Section 10, being marked on the
ground by a 3 1/4" aluminum cap on #6 rebar, PLS 10372, 1989, found in place, and the E 1/4
Comer of said Section 10, being marked on the ground by an original axle, found in place, said
parcel being more particularly described as follows:
Beginning at a point lying 150 feet South and perpendicular to the East -west centerline of said
Section 15, and 150 feet offset West and perpendicular to the East line of said Section 15; thence
150 feet offset South and parallel to said East -west centerline of Section 15, S88 °04'28 "W, a
distance of 3785.80 feet; thence 572.57 feet along a curve to the left having a radius of 1160.00
feet, a tangent of 292.24 feet, a delta of 28 °16'52 ", and a chord of 566.78 feet that bears
S73 °56'03 "W; thence S59 °47'37 "W, a distance of 100.00 feet; thence 648.68 feet along a curve
to the right having a radius of 1310.00 feet, a tangent of 331.13 feet, a delta of 28 °22'17 ", and a
chord of 642.07 feet that bears S73 °58'45 "W, to a point on the West line of said Section 15,
from where the W 1/4 Corner of said Section 15, being marked on the ground by a 3 1/4"
aluminum cap on #6 rebar, JR ENG LTD, RLS 31161, 2000, found in place, bears
N01 °23'28 "W, a distance of 492.23 feet; thence along said West line, NO1 °23'28 "W, a distance
of 150.01 feet; thence 573.24 feet along a non - tangent curve to the left having a radius of
1160.00 feet, a tangent of 292.60 feet, a delta of 28 °18'51 ", and a chord of 567.43 feet that bears
N73 0 57'02 "E; thence N59 °47'37 "E, a distance of 100.00 feet; thence 646.61 feet along a curve to
the right having a radius of 1310.00 feet, a tangent of 330.03 feet, a delta of 28 °16'52 ", and a
chord of 640.07 feet that bears N73 °56'03 "E, to a point on said East -west centerline of Section
15; thence along said East -west centerline, N88 °04'28 "E, a distance of 3787.31 feet, to a point
being 150 feet offset West and perpendicular to said East line of Section 15; thence 150 feet
offset West and parallel to said East line of Section 15, S01 °20'56 "E, a distance of 150.01 feet, to
the point of beginning.
Said parcel contains 17.587 acres, more or less.
TOGETHER WITH THE FOLLOWING DESCRIBED LAND:
North -South Corridor
LEGAL DESCRIPTION:
The East 20 acres of the NE 1/4 of Section 15;
The East 150 feet of the SE 1/4 of Section 15;
The East 150 feet of Section 22;
and the East 150 feet of the NE 1/4 of Section 27, lying North of the Pete Jimenez Parkway
right -of -way,
all in Township 20 South, Range 64 West of the 6 P.M., County of Pueblo, State of Colorado.
Further described as follows:
A parcel of land, located in the E 1/2 of Section 15, the E 1/2 of Section 22, and the NE 1/4 of
Section 27, all being located in Township 20 South, Range 64 West of the 6th P.M., County of
Pueblo, State of Colorado, with all the bearings contained herein based upon a bearing of
N88 °01'15 "E, as measured between the W 1/4 Corner of said Section 10, being marked on the
ground by a 3 1/4" aluminum cap on #6 rebar, PLS 10372, 1989, found in place, and the E 1/4
Corner of said Section 10, being marked on the ground by an original axle, found in place, said
parcel being more particularly described as follows:
Beginning at the NE Comer of said Section 15, being marked on the ground by a 3 1/4"
aluminum cap on #6 rebar, JR ENG LTD, PLS 31161, 2000, 20' Witness Comer (West), found
in place; thence along the East line of said Section 15, S01'21'42 "E, a distance of 2638.63 feet,
to the E 114 Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap on
2 aluminum pipe, ADAMS & MANGINI, PLS 10093, 1984, found in place; thence continuing
along said East line, S01'20'56 "E, a distance of 2640.14 feet, to the Northeast Corner of said
Section 22, being marked on the ground by a 3 1/4" aluminum cap on 2 1/2" aluminum pipe,
MANGINI & ASSOCIATES INC, PLS 16128, 1993, found in place; thence along the East line
of said Section 22, S01 "E, a distance of 2595.14 feet, to the E 1/4 Comer of said Section
22, being marked on the ground by a 3 1/4" aluminum cap on 2" aluminum pipe, ADAMS &
MANGINI, PLS 10093, 1984, found in place; thence continuing along said East line,
S01 0 28'02 "E, a distance of 2595.80 feet, to the Northeast Corner of said Section 27, being
marked on the ground by a 2" aluminum cap on #6 rebar, in 1.5'x1.5' concrete pad, MERRICK &
CO, PLS 13155, 2005, found in place; thence along the East line of said Section 27,
SO1 0 27'22 "E, a distance of 1917.02 feet, to a point on the North line of Jimenez Parkway, from
where the E 1/4 Corner of said Section 27, being marked on the ground by a 1" axle, in 1.2'x1.2'
concrete pad, with 2" aluminum cap attached, MERRICK & CO, PLS 13155, 2005, found in
place, bears SOl °27'22 "E, a distance of 737.93 feet; thence along said North line, N76 °45'09 "E, a
distance of 155.08 feet; thence 150 feet offset West and parallel to said East line of Section 27,
NOl °27'22 "W, a distance of 1877.64 feet; thence 150 feet offset West and parallel to said East
line of Section 22, NOl °28'02 "W, a distance of 2595.77 feet; thence continuing 150 feet offset
West and parallel to said East line of Section 22, N01 °28'38 "W, a distance of 2595.30 feet;
thence 150 feet offset West and parallel to said East line of Section 15, NO1 °20'56 "W, a distance
of 2638.80 feet, to a point on the East -west centerline of said Section 15; thence along said East -
west centerline of Section 15, S88 °04'28 "W, a distance of 180.18 feet, to the Southwest corner of
said East 20 acres of the NW 1/4 of Section 15; thence along the West line of said East 20 acres,
NOl °21'42 "W, a distance of 2638.65 feet, to the North line of said Section 15; thence along said
North line, N88 °04'42 "E, a distance of 330.19 feet, to the point of beginning.
Said parcel contains 53.498 acres, more or less.
EXHIBIT "B"
EASEMENTS AFFECTING THE PROPERTY
1. Easement for utility lines as granted to Central Telephone and Utility Corporation by
instrument recorded February 20, 1979 in Book 1973 at page 400.
2. Easement for utility lines as granted to Colorado Interstate Gas Company by instrument
recorded August 2, 1930 in Book 739 at page 127.
3. Easement for utility lines as granted to Colorado Interstate Gas Company by instrument
recorded February 18, 1950 in Book 1116 at page 420.
4. Right of Way Agreement conveyed to Colorado Interstate Corporation by instrument
recorded November 1, 1971 in Book 1703 at page 339.
Patents
Patents recorded in the records of Pueblo County, Colorado at
Book 17, Page 318:
Book 62, Page 277
Book 65, Page 513
Book 61, Page 304
Book 1484, Page 490
EXHIBIT "C"
LEGAL DESCRIPTION OF "FACILITIES PROPERTY"
All of the SW 1/4 of Section 11, Township 20 South, Range 64 West of the 6th P.M., and
The N 1/2 of the N 1/2 of the NW 1/4 of the SE 1/4 and all of the E 1/2 of the SE 1/4 of Section
10, Township 20 South, Range 64 West of the 6th P.M.,
all in the County of Pueblo, State of Colorado.
Further described as follows
A parcel of land, located in the N 1/2 of the NW 1/4 of the SE 1/4, and all of the E 1/2 of the SE
1/4 of Section 10, and the SW 1/4 of Section 11, except the NE 1/4 of the NE 1/4, thereof, all
being located in Township 20 South, Range 64 West of the 6th P.M.,
County of Pueblo, State of Colorado, with all the bearings contained herein based upon a bearing
of N88 0 01'15 "E, as measured between the C 1/4 Corner of said Section 10, being marked on the
ground by a 3 1/4" aluminum cap on #6 rebar, PLS 10372, 1991, found in place, and the E 1/4
Corner of said Section 10, being marked on the ground by an original axel, found in place, said
parcel being more particularly described as follows:
Beginning at said E 1/4 of Section 10; thence along the East -West centerline of said Section 11,
N89 °09'03 "E, a distance of 2757.46 feet, to the C 1/4 Corner of said Section 11; thence along the
North -South centerline of said Section 11, S00 °45'53 "E, a distance of 2656.12 feet to the S 1/4
of said Section 11; thence along the South line of the SW 1/4 of said Section 11, S88 °53'28 "W, a
distance of 2729.82 feet, to the SE Corner of said Section 10, being marked on the ground by a 3
1/4" aluminum cap on #6 rebar, JR ENG LTD, PLS 31161, 2000, 20' Witness Comer (West),
found in place; thence along the South line of the SE 1/4 of said Section 10, S88 °04'42 "W, a
distance of 1299.26 feet, to the E 1 /16 Corner of said Section 10 and Section 15, said Township
and Range, being marked on the ground by and original axel, found in place; thence along the
West line of the E 1/2 of the SE 1/4 of said Section 10, NO1 °25'38 "W, a distance of 2333.84 feet,
to the C- N -N -SE 1/256 Comer of said Section 10; thence along the South line of the N 1/2 of the
N 1/2 of the NW 1/4 of the SE 1/4 of said Section 10, S88 °01'41 "W, a distance of 1302.05 feet,
to the N -N -S 1/256 Corner of said Section 10; thence along the North -South centerline of said
Section 10, NOl °29'44 "W, a distance of 333.24 feet, to said C 1/4 Comer of Section 10; thence
along the East -West centerline of said Section 10, N88 °01'15 "E, a distance of 2604.89 feet, to
the point of beginning.
Said parcel contains 257.320 acres, more or less
EXHIBIT "D"
FACILITIES TO BE CONSTRUCTED ON FACILITIES PROPERTY
The Facilities to be constructed upon the Facilities Property consist of two 90- megawatt LMS
100 natural gas fired power plants, two 100 - megawatt natural gas fired combined cycle plants, a
115 -KV switchyard, and supporting facilities