HomeMy WebLinkAbout12214
RESOLUTION NO. 12214
A RESOLUTION APPROVING AND ACCEPTING A
PARTIAL RELEASE OF RIGHT-OF-WAY AGREEMENT
FROM COLORADO INTERSTATE GAS COMPANY, A
DELAWARE GENERAL PARTNERSHIP, AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Partial Release of Right-of-Way Agreement limiting the width of Colorado
th
Interstate Gas Company’s right-of-way within North 27 Lane located at the Pete
th
Jimenez Parkway and North 27 Lane intersection, 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 Partial Release of
Right-of-Way in the name of the City. The City Clerk is directed to affix the seal of the
City thereto, attest same, and record the Partial Release of Right-of-Way Agreement in
the office of the Pueblo County Clerk and Recorder.
INTRODUCED August 22, 2011
BY: Vera Ortegon
COUNCILPERSON
Background Paper for Proposed
RESOLUTION
DATE: AUGUST 22, 2011 AGENDA ITEM # M-5
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
A RESOLUTION APPROVING AND ACCEPTING A PARTIAL RELEASE OF RIGHT-
OF-WAY AGREEMENT FROM COLORADO INTERSTATE GAS COMPANY, A
DELAWARE GENERAL PARTNERSHIP, AND AUTHORIZING THE PRESIDENT OF
CITY COUNCIL TO EXECUTE SAME
ISSUE
Should the City Council accept a partial release of right-of-way from Colorado Interstate
th
Gas Company, a Delaware General Partnership, for property located within North 27
th
Lane at the Pete Jimenez Parkway and North 27 Lane intersection?
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
Colorado Interstate Gas Company, a Delaware General Partnership (“CIG”), is owner of
three separate rights-of-way located in Section 27, Township 20 South, Range 64 West
thth
of the 6 Principal Meridian of which North 27 Lane roadway is located in a portion
thereof. CIG owns and operates two eight inch (8”) high-pressure natural gas pipelines
that cross underneath the roadway approximately 50 feet north of Pete Jimenez
Parkway. The City and CIG wish to limit the width of CIG’s right-of-way through that
th
portion of North 27 Lane. This will reduce the width of CIG’s right-of-way
approximately 1,707.02 feet to a final width of 210.00 feet within the right-of-way. CIG
will have the right to review and approve all construction and maintenance activities with
respect to protecting their high-pressure natural gas pipelines within the area described
in the right-of-way agreement.
FINANCIAL IMPACT
None.
Reception 1886024
09/19/2011
PARTIAL RELEASE OF RIGHT OF WAY AGREEMENT
THIS PARTIAL RELEASE OF RIGHT OF WAY AGREEMENT ( "Agreement ") is
made and entered into between and among COLORADO INTERSTATE GAS COMPANY, A
Delaware general partnership, whose address is Attn Land Dept., 2 N Nevada Avenue,
Colorado Springs, CO 80903, hereinafter referred to as "CIG" and The City of Pueblo, a
Municipal Corporation, whose address is 1 City Hall Place, Pueblo, CO 81003, of whom is
referred to as "Owner," as follows
WITNESSETH.
WHEREAS, CIG, its successors and assigns, is the present Grantee and holder of certain
RIGHT OF WAY's executed on April 12, 1930 by Executors of the Last Will and Testament of
John H. Thatcher, deceased, and recorded August 2, 1930 in Book 739, Page 127 ( "1930
Waterline Right of Way ") and another being executed on June 18, 1949 by John H. Thatcher and
recorded on February 18, 1950 in Book 1116, Page 429, ("1949 Right of Way Agreement ") and
another being executed on September 27, 1971 by John H. Thatcher and recorded November 1,
1971, in Book 1703, Page 399 ( "1971 Right of Way ") in the records of the County Clerk and
Recorder of Pueblo County, Colorado as shown in Exhibits "A -1, A -2 and A -3, respectively"
with the right to lay, construct, operate, maintain, repair, replace, remove pipelines (with fittings,
tie - overs, cathodic protection equipment and all appliances appurtenances) for the transportation
of gas, water, oil, or any other liquid substances together with the right of ingress and egress, on,
over and through through Section 27, Township 20 South, Range 64 West of the 6 PM in
Pueblo County, Colorado, and
WHEREAS, CIG currently owns and operates and two eight inch (8 ") high- pressure
natural gas pipelines granted in the 1930 Waterline Right of Way, 1949 Right of Way
Agreement and 1971 Right of Way agreements ( "Existing Easements "),
WHEREAS, City of Pueblo recently acquired a tract of land ( "Pueblo Property ") as
shown in Exhibit "B" which CIG's pipelines cross said property;
WHEREAS, the Parties desire to limit the width of CIG's right of way's under the
Existing Easements through a portion of Section 27, Township 20 South, Range 64 West to a
permanent right of way, being described in two (2) separate easement parcels below and shown
in Exhibit "C"
EASEMENT "1"
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION
27, THENCE ON THE EASTERLY LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 27 A DISTANCE OF 722.46 FEET TO A
POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF PETE JIMENEZ
PARKWAY, SAID POINT ALSO BEING THE POINT OF BEGINNING,
THENCE ON SAID NORTHERLY RIGHT -OF -WAY LINE OF PETE
JIMENEZ PARKWAY N76 °45'09 "W A DISTANCE OF 155 08 FEET TO
POINT "A ",
THENCE N01 °27'22 "W ON THE WESTERLY RIGHT -OF -WAY OF
NORTH 27 LANE A DISTANCE OF 210 00 FEET, THENCE
S76 °45'09 "E A DISTANCE OF 155 08 FEET TO A POINT ON SAID
EASTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION
27, THENCE ON SAID EASTERLY LINE S01 °27'22 "E A DISTANCE OF
210 00 FEET TO THE POINT OF BEGINNING,
CONTAINING A CALCULATED AREA OF 31,500 SQ FEET, OR 0 723 ACRES
EASEMENT "2"
BEGINNING AT POINT "A ", THENCE ON THE NORTHERLY RIGHT -OF-
WAY LINE OF PETE JIMENEZ PARKWAY N76 °45'09 "W A DISTANCE
Page 1 of 5
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Gilbert Ortiz Clerk /Recorder Pueblo County Co
11111
OF OF 40 00 FEET, THENCE N65 °12'38 "E A DISTANCE OF 17 54 FEET,
THENCE ON AN ARC OF CURVE TO THE LEFT, HAVING A RADIUS
OF 13 75 FEET, A DELTA ANGLE OF 55°42'21", AN ARC LENGTH OF
13.37 FEET, AND WHOSE LONG CHORD BEARS N37 °21'29 "E A
DISTANCE OF 12.85 FEET TO A POINT ON THE COMPOUND CURVE,
THENCE ON AN ARC OF CURVE TO THE LEFT, HAVING A RADIUS OF
125 00 FEET, A DELTA ANGLE OF 10 °56'32 ", AN ARC LENGTH OF 23.87
FEET, AND WHOSE LONG CHORD BEARS N04 °02'02 "E A DISTANCE
OF 23.84 FEET, THENCE N01 °26'14 "W A DISTANCE OF 162 36 FEET ,
THENCE S76 °45'09 "E A DISTANCE OF 12.61 FEET TO A POINT ON
THE WESTERLY RIGHT -OF -WAY OF NORTH 27 LANE, THENCE ON
SAID WESTERLY RIGHT -OF -WAY S01 °27'22 "E A DISTANCE OF 210 00
FEET TO THE POINT OF BEGINNING,
CONTAINING A CALCULATED AREA OF 2,855 SQ FEET, OR 0 066 ACRES
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS
In consideration of the foregoing, and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows
1 The Parties agree to limit the width of CIG's Existing Easements across City of Pueblo's
property (Exhibit `B ") to be a permanent easement as shown in Exhibit "C" ( "Defined
Right of Way ").
2. In consideration of CIG agreeing to the newly Defined Right of Way through the Pueblo
Property, Owner, its successors and assigns, hereby agree as follows.
(1) Owner shall not build, construct, or create, nor permit others to build, construct, or
create, any buildings or structures, not including fences, of any kind on the newly
Defined Right of Way No trees shall be allowed in the Defined Right of Way, and if
found, CIG will remove the trees at Owner's sole expense For any CIG - performed
maintenance within the Defined Right of Way, CIG will be held responsible for any
damage to any non -CIG improvements found within the Defined Right of Way
(2) Upon review and approval by CIG, roads may be constructed between 45° and 90°
angle across the Defined Right of Way No roads may be built paralleling the
pipelines inside the Defined Right of Way
(3) Owner may maintain, construct and allow public improvements including but limited
to roadway, railroad, asphalt, base course, curb & gutter, sidewalk, landscaping,
parking areas, irrigation equipment, underground utilities and other improvements not
constituting a building or structure within the Defined Right of Way, upon the
condition that Owner shall first obtain written approval from CIG of its construction
plans for said improvements, which approval will not be unreasonably withheld by
CIG If any conflicts are found Owner agrees to work with CIG to resolve such
conflicts prior to beginning construction within the Defined Right of Way easement
through the "Pueblo Property"
(4) Any request by Owner, its successors and assigns, to relocate any or all CIG pipelines
or other permitted equipment in the Defined Right of Way shall be made in writing to
CIG CIG shall consider in good faith whether to grant the relocation request, which
shall not be unreasonably withheld. If CIG grants Owners' pipeline relocation
request, Owner, its successors and assigns, shall be solely responsible for all costs and
expenses of lowering, relocating, or as may be required at the time the work is to be
performed, including but not limited to all actual construction costs and expenses,
material, labor, machinery and equipment costs, supervision, customary third -party
markup, and overhead.
(5) CIG, its successors or assigns is granted the right to lay additional pipelines inside its
Defined Right of Way easement through the "Pueblo Property" CIG further agrees
Page 2 of 5
1886024 PRL AGR 09/19/2011 03 31 14 PM
Page 3 of 25 R 131 00 D 0 00 T 131 00
Gilbert Ortiz Clerk /Recorder Pueblo C o u nty Co
®III 1'41 littl itNhlar 14011 Ina It 111
that no construction shall begin within the Defined Right of Way easement through
the "Pueblo Property" until pipeline construction plans and specifications have been
reviewed and approved by Owner, which shall not be unreasonably withheld. Owner
shall review construction plans and specifications for physical conflicts with existing
and future known Improvements constructed or maintained by Owner If any
conflicts are found CIG agrees to work with Owner to resolve such conflicts prior to
beginning construction within the Defined Right of Way easement through the
"Pueblo Property" Owner agrees to waive permit fees that may be required for
construction or maintenance work within the "Pueblo Property"
(6) Before any construction or installation of any facilities by CIG or Owner on, across,
over, or under the Defined Right of Way, notice shall be given to the other at least
thirty (30) days advance written notice by Certified US Mail, or overnight courier or
facsimile, subject to confirmation, at the addresses listed below
CIG
Colorado Interstate Gas Company
Attn Land Department
2 North Nevada Avenue
Colorado Springs, CO 80903
Facsimile: 719 - 520 -4886
Owner.
City of Pueblo
Attn Public Works Director
211 East D Street
Pueblo, CO 81003
Facsimile 719 - 553 -2294
(7) Both CIG and Owner shall comply with all Colorado One -Call notification
requirements in advance of any construction work on or near the Defined Right of
Way Both CIG and Owner agree not to commence any construction or maintenance
potentially affecting the Defined Right of Way until an Encroachment Permit has
been executed and a CIG representative is present at the site Both CIG and Owner
agree that all construction they may undertake shall be in accordance with proper and
workmanlike practices in the industry and with due regard for the rights of CIG and
Owner and its property in the Defined Right of Way Any conflicts between
Encroachment Permit and Agreement found hereon CIG agrees to work with Owner
to resolve such conflicts prior to beginning construction within the Defined Right of
Way
(8) For any CIG pipeline relocation work resulting from proposed or approved owner
project, Owner will be required to pay for the installation of additional test leads,
pipeline coating inspection, bedding replacement and /or pipe -to -soil test holes along
the paved area to allow CIG to monitor the integrity of any required cathodic
protection program.
(9) CIG, its successors or assigns agrees to pay for damages to public improvements
including but not limited to roadway, railroad, asphalt, base course, curb & gutter,
sidewalk, irrigation system, landscaping, and underground utilities which may arise
from maintaining, operating, repairing, replacing, installing additional or removing
said pipeline that is not at the Owner's request.
With the exception of limiting its right of way to the Defined Right of Way as more
particularly described herein and the ability to lay additional pipelines within its Defined Right
of Way, CIG, its successors or assigns, does not release, waive, satisfy, or in any other way
change or affect any other rights conferred on CIG under the 1930 Waterline Right of Way, 1949
Right of Way Agreement and 1971 Right of Way agreements
Page 3 of 5
This Agreement shall extend to and be binding upon the successors and assigns of the Parties
hereto
IN WITNE S. WHEREOF, this Partial Release of Right of Way was executed as of this
/ 'r day of iJ r3 , 2011
COLORADO INTERSTATE GAS - /I COM . COMPANY
By 914.4‘..t...d Al Il �Q� C�J
Title 0 /G(, g/Zzje e.47
4
1
CITY OF UEBLO, A MUNICIPAL CORPORATION
k ,- 7/4 4 '
: ..::-.A
, , By .
�' ~ ��� � ' � PRES ( E ;I I 1 ■1 OF ITY COUNCIL
ATTEST,
By
CIT LERK
1886024 PRL AGR 0 9/19/2011 03 31.14 PM
P age 4 of R 131 00 D 0 00 T 131 00
Gi l b e rt 'i I Ortiz lie f
Pueblo Coun Co
III ' InireillrIKIM 1N 11111
Page 4 of 5
1888024 PRL AGR 09/19/2011 03 31 14 PM
Page 50 25 R 1 00 00 T 1 00
Gilbert rtiz of Clerk /Recor der D Pueblo County Co
11111nIllki°,1Wit li , PiliikinAltliindliii Ifl'ii 11111
ACKNOWLEDGEMENT
STATE OF COLORADO )
) ss.
COUNTY OF EL PASO )
BEFORE ME, THE UNDERSIGNED a Notary Public in and for said County and State, on this
/7 day of i/u�us� , 2011, personally appeared
7ait ce J/. Pa,-lT to me known to be the identical person who subscribed the name of the
maker thereof to the foregoing instrument as its L'r , e Pre sae t and acknowledged to
me that SAG executed the same as ,ice/ free and voluntary act and deed and as the free and voluntary
act and deed of such corporation for the uses and purposes therein set forth
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year last above
written. �\\ >'�" �� -�✓`
Notary Public
My Commission expires l.2//U/.2o/1
STEPHEN D BACON
No tary c
Stoteo ofr Colorado
My Commission Expires December 10, 201
ACKNOWLEDGEMENT
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
BEFORE ME, THE UNDERSIGNED a Notary Public in an r said Sounty and State, on this day
r
).. FORE
F-4-Vg U St , 201 personally appeared ) 111 Iz to me
known to be the.�i entical person who subs��{{'ibed the name of the > aker hereof to the foregoing
instrument as its vast ckv f of Cl� (AV rle i 1 , and acknowledged to me that he executed
the same as VAS free and voluntary act a nd deed and as the free and voluntary act and deed of such
corporation for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and of i 1 :1 seal the da and year last above
written j
i IJ el. ..11 /
No ary Public 1/
My Commission expires 8
-Z1- Z0) 5 LORENE BRAVO -NEFF
NOTARY PUBLIC
STATE OF COLORADO
Page 5 of 5
Exhibit A -2
x , ' . a n r A AA . Y' 7,, v y,^ er 1 ,.. ., ” i .
1... *,; E'� + ... +t aM:l � ..,%�. :Eli.,tie ;; 3 .�,.tt ��ii.Y <.^�_...+N
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... -:,.'? r a .,., .. ., i`.- �'i _- :rear: .:.:J.._:ii
1"; -' . //oy 'F HB is ism
' ',. ro�lt ?36 m
q. O.1fOCeEAliE8C8R, Recorder 7 ,
4. r i
C .
L Co C I* se---.4--r, / :
Vi:
STATE OF COLORADO, - No_3 tipL y ;
COUNTY OF PUEBLO } see 1
FOR AND IN CONSIDERATION of the sum of one Hundred Sixty -eight & no /100*DOLLARS,
to the undersigned owners paid, the receipt of which is hereby acknowledged, the undersigned hereby grant to /; •
COLORADO INTERSTATE GAS COMPANY a corporation organized under the laws of the State of
Delaware, its sueceasore or assigns, the right of way to lay, construct, reconstruct, replace, renew maintain
and operate a pipe line for the transportation of gas, petroleum or any of its products, also w..trr or other H?
substances, or either thereof, . f:,:',GS% . A::.. � , , .: n= :,:11::,r,..6, : :::.- ... ::::._.I::
agailbgEEMIZEItin together with the right of ingress and egress, nn, over and through the following 1.
described lands situate in- Ro011p . ._ Count,- anti State tt C dorodo to wu
___Ti juaLINILDEfigaigg ..Tt!vnLy- sevens.23 _0maltip_Trtenty.120.L .uu:,_natec_._
i
Said right ,of -way.. being ***33 rods, more or less, in length, and located pproeimatciv as •
shown b•Gnntee's present -survey
The said undersigned owners, their heirs or assigns, to fully use and enjoy such premises except as the !i
same may be necessary for the purpose herein granted to said COLORADO INTERSTATE GAS CO\I- I
PANY its eueeenots or assigns.
The said COLORADO INTERSTATE GAS COMPANY its succrr6oe1 or assigns, hereby agrees to
pay any damages which may arise from laving, maintaining, operating or removing said pipe line, said
damage, if not mutuaAy agreed upon. to be ascertained and determined by three disinterested persons; one f;;
thereof to be appointed by the owners of said lands, their heirs nr assigns. nor by COLORADO INTER r ,
STATE GAS COMPANY its successors or assigns and the rhird person by the two persons aforesaid, and f {
the award of such three persons shall be final and conclusive.
:+A
All pipe lines laid under this grant and passing through cultivated land shall he buried not less than
twenty inches deep, and thail be so laid as not to interfere with ordinary cultivation of -inch land after
construction has been completed.
It is further agreed that for the consideration above mentioned COLORADO INTERSTATE GAS
COMPANY, its successors or assigns, is hereby granted the right in. at any timt-
.:_. ...._. - r.::.. :.:..,.. ol:: ..."... :r..r..ur :.:-veer vi • :, ma +o, ..—,_...,rm:cuc — _.... :. :ernrl
..` ' ._ . 6.:1:::=.:.t::C .. r CC'::e: 1-: - -w_ :=:. =tr:•- c__==::a- , ..,.:...:.•,•:
h the site of its pipe the damage if any in making such change to be c'1
paid by COLORADO INTERSTATE GAS COMPANY its successors of as isms to the o+smers of said
lands, their heirs or assigns. !d
COLORADO INTERSTATE GAS COMPANY shall have the right to assign. transfer and convey all . ;
rights herein granted to any person, firm, corporation or association of persons. and such right of transfer Y1;
or assignment shall exist in every subsequent vendee, or transferee who may he successor in title to the
grantee herein. ; -
IN WITNESS WHEREOF, 1 have hereunto set atY hanrl__ and seal— tnis_,s>rk__
.7 i
day of dtsite , 191t2..... .7:' ,
Signed, sealed and delivered in the presence of- II. S.1 t ,
y.J1 ..7. 5.) . .
. _ (L. S.) .
(L. S.) V< Ir" i
I'
1886024 PRL AGR 09/19/2011 03 31 14 PM
Page 7 of 25 R 131 00 D 0 00 T 131 00
Gilbert Ortiz Clerk /Recorder Pueblo County Co
1111 101 1'11iP111,1PI ' I A Nik loiriiirlsilMiciU1i 11 II
Exhibit A -2
/ ' 1
STATE OF COLORADO,
// (- � : I
COUNTY OF pueblo °`
The forrfoinl instrument was acicnowicdged before me thi. o.:i_ r i.y et_ dUL•e. 1 4`/
P
b John A. .�hotober e;
r Er Carnahan Expk June I9,_I 95t1 ""
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Gilbert Ortiz Clerk /Recorder Pueblo County Co
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r fi-� + r -• 414,4 p•+ymrnt hr rundrr may hr made mni<1 O. a ra.�__
t •Im 44,414.4 4,44440 41 air drub +4,d e4 ar 4,d er0ipl f. sat sod .)k, aim napom+ d .1. a rat Iay,•f I 4 ;
w 0 e f ! arinrn4) Ir lam (or the under•ipned, h d. Inn pine 00 (le asi d, nn colle .'cos 1�
4 e n y i and all sums of lorry lot .444041/0 p able. In oar pnyablr l.r4ralr<4 ,Vie n) of 1h, Imam al 41 044441'40004, .tri
,4 m 1)410m any d nil rrenp awl dr '4. 1, .I Amnon j w!porn', ably be neer 440 Moot', as li i .,
•i Y 4 2 t as ,I, 11,,,,p. 4 meet oe 4001.1 4141 . pe 411) pie en In rh .l 4018 4) d• 1h n rl r4 ,n ern. she 11.1 .+ _A i
Irt nor inra(.r< mvd and /o+ ut 444.1' i e sr ,e ,L 4rair tit, 4 b eby apnouun �_ _. -- ., ' )
q .If 40 r ry pl. .I 4 ■0 el w4t1 nil 1 t4, Inn elr4e oral prove Framed abh.
`i ll m 16 in burly ptan.rd nc� nth m Iny an 44, maintain. open vita rid. .J .h, t� s�!1
a.. awl ..1. .h..nab. Iphu p 4444.4 air, .d4., 44 I+ of pipn bu in: each ad•lmm al Is I. .1, < :nntonny w ,
1 } 4,t assrpn a h - .II pay or h ore demi:name ahoy .._12...01) err llr Al ern el par I; , 4't. • 4 i 1
` itch .'lop rh 414,,011 al on) b add, .all I( • plow der! ahem. Company
pany t4 , 1q, to p4, , .. E2' I,
x 1 J. tie el I. .141. moll b Lot Air,
TO11181'h AM) to lamt) .40 o,1{1'A)� 0
tph .4 ..ay d nn w A C.omp.ny 4,y el •ifn .O l�i 7
s.;•-,;.,•-,•••,..,.•;.••:.,,,,....:;••.,,, I. 4444 1. ). .m. d 04 40 1, .r 11. .l' 44'4 1. 0 m4, 4,44,.1.4 rbncon, .44 tt ndna ly hr rt. h .1 Y * r
1 1h <)+ .h 1+ 4441 4,w mime yu 1 00 y, oa 10 Iva' .I< f. td all at +A , h m y a
f 4,r u f 1 , .1 tph tl 0y a. I 4,1 , r aid C 0)1 0y 1. .141 41414 .F 044, aft <ctr 1• ahem. 1 Inl). i/ 1, ',
rl. ry rlain rM • .. 04 p. 1hn<af $
II mgr .1 If. d. 4441. of 44) r 0,4, 'l', .44 .4 d, op. 1. the p, "'; 4. •
: S { ' ill eh r lur 4,t nit I m h math mr.4ifrinp .blitty to w III npinr +h ul rh •t
4 J,1, ..2724.. - 1 &epte l) _ • j'1 . l
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1886024 PRL AGR 09/19/2011 03 31 14 PM
Page 9 of 23 R 131 00 D 0 00 T 131 00
Gilbert Ortiz Clerk /Recorder Pueblo County Co
1111 Fri l'1196),If r Mlhi lairMlakftillkillAil Ili 1111
Exhibit A -3
a a •t w S r . t r t? Z z...i I , i ,,1'7 .., r" ft Pyyt s 'K- ),, ',0-$814.1 �y `-, Y a .
= t ■ 1 Z t S . y '" i v Y y+ f . il :! . ; I - JcS ; J }�,f,.
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I, t.; a I !» —, } •rr rely appea John_11.= f101AX heJ'. F. . ..
, :f this 9 th —dry nl�_- scpts•40- 4 -- - w pe my krr wn rn h! th' Jr n1 or ' 1 ''
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ci ,! the within end fougw nq insvument, and arknowledgrd me that he n F d elr torth.
eze ncd the• acme es � —(re nd vo1 r ea and deed for rhr d tR'os
I' r
t . IN A'ITNES.S A'HFRCOF I hay he et my hand end o((ie d thr dal .nd y }! .,''Pn nn ) 1.
„i Comm, exp - f �_"it6rb4 i J - i_' n )
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STATC OF - -I r r b
. a ..1. I COUNTY OF_. --
,ei H<G ,_ - -- ---- - - -- -• n Notary Public nd fo Sat d County nrd $rat. on
thr day o(_ - - - 19 -__, prnorml1Y appuar _
ro me per ovally known be the tdenncal persor —who d ; , I
a,' `,�'xi the .aloe rJ for <EoinF ruor.er .1 rtmrr lr.lyeJ w me that_ —. 7
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cured rhr aarzr h .d n1r ru and dyed fn the use and pucpn the Arty I'M t
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., 1N A'ITNF.SS WHEIICOF 1 ha h earn m; hand and olficia1 ac d tb Jay arrd y r las �bo. wr m I o
a JI !17• Comm, ezp, iris 4 rru.I1
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e
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1.1__ . pe -9IIY nppr ,I l - - - to mr h h the Jt al p..on I k
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1 IN MINI .�ti Wlll.RI :Ol I I, I. ,t, 'y h d .1 o(i1 ,I +I th d. y anJ yt In :M. � i
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1886024 PRL AGR 09/19/2011 03.31 14 PM
Page 10 of 25 R 131 00 D 0 00 T 131 00
Gilbert O Clerk /Recorder Pueblo County Co
gm rbfrIfinx lrittilltilth.likill ififirdutIvAlflui 11111
Exhibit A -3
rl t ' . , ( �, I Si �! ••p��1 • liar; - h a ai 11:4:1 1,4 1' :g!....41 4a. 7t r� a"'r:'F<` 7
+ ;k I v1 .. ` ,7. t - :t gi:,1 � ' e F., :Ears ^ I Y....:SaCs. r: .. "c „�. ; 7•• �"
,►014 K e c kd,.rd.+ W 6 a q tsTY .i a - � ,, ..
": n � Q r.... (lq ^t. M (l '1 ;'03 Pdrd 34#,� h : E + .
s t Cc %root interstate Cniporo(�r „� - �
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*; ' s DAMAGE RELEASE Nortb Pueb , y Loop 14 "'` i4 • x (C O 7•TRUCTION ONLY} 5 f
' C 0. 211 4
' - �"' s ). i STATE. OF11 1taa An() ( 11 r
L .
..Y 1•f r
rOUNTI" OF.R2ERLQ__ ^_. __1 KNOW .LL MEN FY THESE P11•.SL. "5' 3 ._
t - ) THAI' THE UNDERSIGNED, (h u1, o11r4 h4LI',SCR, wb the on mo ) fo rid , t ;
i4 t
.demuon of the um ofLi•ne".Jluildred_t tel4t1 RPycu_nuirgo. ( -- 4
i
t� =e
cash h nd IA d by COLORADO INTGILSTATE CORPORATION rporm, (b .1, ailed
i1'
e zd I . RELEASFE), d, ceupt of •hick is ht else 1:1 owb dged, do hereby elt nd di ch the d .. :3 e ,
e RELEASHP from nl1 claims nd da age which REI-4A40R ma eta ONLY by and from the tr c- a:_
li '4
+ uor of a p, L e(s), 1, tgs c - o nd npplinac appu J, ,d h [(s S f
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(• unde nd eros the lands ou ed by ode conk nl rr cy by RELF..15DI4 and n'hich Jc- ,' � } :C
� .i
} scribed in Rich :1 Way Am,co dateddic�.Zfb_day of Ccntamhnr ,192._ .
tr" executed hy__Jnhn.Jl__TJ) cber__ -.—. m fa of c ard RELEASES, and (to �.tYi
it +^ .f- ■••rrtl
I, ) recorded tit Public Re cds 01 __P11Cb]n —. Counry _P nl nrnrlo — jF i , 1
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1886024 PRL AGR 09/19/2011 03.31 14 PM
Page 11 of 25 R 131 00 D 0 00 T 131 00
Gilbert Ortiz Clerk/Recorder Pueblo County Co
1111 Frill 1'fl� NY I I 0.1 Ai WAIL MC MANN 11111
Exhibit A -3
rM r ;rf{ M;
-
°a r,tr Kit; „ e
r ;.! s ; are of 1 ciI,[c enn- - -- - -1 rtom17 ; O3 inrr
1 COI1rJTY or PV 1 n ____ _ r ..: %.
i
■ Pelo me thi Anders .gne.d —, r: my Puhl, c ,d Count' Sror rh 2%1: day "
,
, I,•; , nr SPPT t ,19 !I onoll n • tl �
, Pr a y ppearrd14117 R. Thatrhrr ad lfS .,
• me persooailr koor hr d, ,Ja mal pc,soa •I, umd the 'irh,r: apd fi,e cIng, inseumror, nd rknowlydErd
to mr thot�� rze. uted rt,c 1315_ (r and olLetary rd dred io ,h and ',;,. ktd i
l �{ purpa the eio set. forth J r
'.. IN TITNL•'SS WHEREOF I ha •c I.crcun m, hand aft ,1 ni 1. dr.) and ber •4' A ix •k rscscb ,F .
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h
Be (o mr __ _ No ar} Publi in nd lu Id Co my ud S,erc rn thu_ d
yy of _ oily appeared and 1
`l' mr prr ally kooan be nc� identical pe son_aho secured the mrthc d fo rgmng lastrumrnt, ,d acknnw•ledg d
to mr the - urcd the A o _ fc nd .unc it' et ood deed ha the srs a d {'
, a j thorcin set forth .
a r 2 IN WITNrss WHEREOF I hn her nto et my I and ,111 al al J, day nd pc la i Ad. " r , •
*; Alp Commtssr 'r' r+olav nuns •.r 7401,13V
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1886024 PRL AGR 09/19/2011 03 31 14 PM
Page 12 of 25 R 131 00 D 0 00 T 131 00
Gilbert Ortiz Clerk /Recorder Pueblo County Co
III FPi MZlliii!INK 1 % 1 E111 1 111A Nalitirtilithltillii, 11 II I
Exhibit B
RESOLUTION NO 12209
A RESOLUTION APPROVING AND ACCEPTING A
CONVEYANCE OF REAL PROPERTY FROM BLACK
HILLS /COLORADO ELECTRIC UTILITY COMPANY, LP
AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL
TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
The Warranty Deed dated as of August 1, 2011 relating to property required for
the Pete Jimenez Parkway and North 27 Lane intersection right of way, 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 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 in the office of the Pueblo County Clerk and
Recorder
INTRODUCED August 8, 2011
BY Chris Kaufman
COUNCILPERSON
APPROVED Aril "
ATTEST PRESID NT CITY COUNCIL
C ity Jerk
1886024 PRL AGR 09/19/2011 03.31 14 PM
Page 13 2B R 131 00 D 0 00 T 131 00
Gilbert Ortiz of ClerklReoorder Pueblo County Co
11111 MI n a41 I�h� 10,MC PiriNi 11111
Reso No 12209
Exhibit B
1882578 WD 08/09/2011 03 03 53 PM
P a g e 1 of 9 R 51 00 0 00 T 51 00
G ilbert Ortiz Clerk /Recorder Pueblo County Co
1111 htiv♦ a J'g4ri 1 4 O, i.TWI NZ 'digital 11 III
WARRANTY DEED
THIS DEED, made this first day of August, 2011, 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 in consideration 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 bemg in the County of Pueblo
and State of Colorado, as more particularly described on Exhibit "A" attached hereto (the
"Property ") with all its appurtenances, and Grantor warrants the title to same, free and clear from
all taxes and assessments affecting the Property for the penod of time pnor to the date of this
Deed, encumbrances except for those easements identified on Exhibit B and reservations
contained in the patent identified on Exhibit B, and restrictions of whatever kind or nature
whatsoever
By Warranty Deed and Right of Reversion dated March 3, 2010, recorded March 10,
2010 at Reception No 1835397 of the records of the Clerk and Recorder of Pueblo County,
Grantor conveyed to Grantee certain property described in the deed ( "March 3, 2010 Deed ")
The purpose of this Warranty Deed is to convey a parcel of land adjacent to the property
conveyed by the March 3, 2010 Deed to be used for the "Dnveway" as defined in the March 3,
2010 Deed.
This Warranty Deed is made subject 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, nghts and restrictions
imposed upon the Property herein are for the benefit of land that Grantor and Black Hills
Colorado IPP, LLC own 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 use and maintain the Property for construction access during
construction of the facilities identified in Exhibit "D" (the "Facilities ") upon the Facilities
Property m conjunction with construction of the Dnveway as defined in the March 3, 2010 Deed.
1888024 PRL AGR 09/19/2011 03.31 14 PM
Page 14 25 R 00 D 0 00 T 131 00
Gilbert Ortiz of Clerk /Record er Pueb Count Co
1111 a prili.51r�llivo � l mac 1 111
Exhibit B
1882578 WD 08/09/2011 03 03 53 PM
Page 20 9 R5
Gilbert rt iz Clerk /Reco D Pueblo County Co
/III � P � I���I r 'It�'I � 1�G� hk�1 MINIM Mill 11111
(b) 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 Buildmg 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.
(c) 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.
(d) The Temporary Easement reserved to Grantor herein shall automatically
terminate on December 31, 2011
(e) With respect to all use of the Temporary Easement, including all
construction, installation, repair, maintenance, replacement and use of the Driveway ( "Use of
Easement "), except as provided in subsection 2(b) Grantor agrees to assume full liability and
responsibility for all injunes, 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,
attomeys, 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 dunng the term of the Temporary Easement.
(f) 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 Matenal 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
1886024 PRL AGR 09/19/2011 03 31 14 PM
P ag e 15 o f 45 R 131 0 0 D 0 00 T 1 31 00
G ilbert Ortiz Clerk /Recorder P ueblo County Co
1111 Pwb !Wed Isla fill fOr Mk 1111
Exhibit B
1882578 WD 08/09/2011 03 03 53 PM
Pa 30 of 9 R 00 00 T 0
Gilbe rtiz Clerk /51 Recorder D 0 51 Pueblo Co un 0 ty Co
1111 Ei ®I 111
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 authonzation, 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 authonty, the State of Colorado, or the United States government and shall include,
but not be limited to (A) substances defined as "hazardous waste," "restncted hazardous waste,"
"hazardous substance" or "hazardous matenal" under an applicable federal, state or local law or
regulation, (B) asbestos - containing matenals, (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.
3 Covenants Run With the Land. All of the foregoing covenants, agreements, nghts
and restnctions 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, nghts and
restrictions shall inure to the benefit of and be binding upon Grantor and Grantee and their
respective successors, transferees and assigns.
4 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.
5 Venue, Jurisdiction, Waiver of Jury Tnal. 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, nghts, or restrictions m 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
6 Exhibits. All of the exhibits attached hereto are hereby incorporated herein by
reference.
7 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
1886024 PRL AGR 09/19/2011 03 31 14 PM
Page 16 Pe R 00 DPI?! 131 00
Gilbe Ortiz of rk /Record er Cou nty Co
111 !CMd 11 141, r riq Wig 1r IN 11 111
Exhibit B
1882578 WD 08/09/2011 03 03 53 PM
Pa 40 R 5 1 D 00 T 51 0
Giibert rtof 9 is Cler /Recor00 0 der Pueblo County Co
111 Emir Jiifir'Iiinfi ic Tot vilmotamioli 1111
reasonable attorneys' fees, court costs and Litigation- related expenses) in addition to any other _
relief granted in such Litigation.
8 Binding Effect. Grantor and Grantee and their respective successors and assigns
acknowledge that the covenants, agreements, rights and restnctions contained in this Deed are a
matenal part of the consideration for this transaction, that they are both reasonable and legally am p°
binding and that without them Grantor would have not delivered, and Grantee would not have aM�
accepted, this Deed.
I mo
Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet mm
and peaceable possession of Grantee, its successors and assigns, against all and every person or � 0
persons lawfully claiming the whole or any part thereof. cn m�
■ p
IN WITNESS WHEREOF, Grantor and Grantee have caused this Deed to be executed on m
the day and year first above written. am m
N
i
o. o
N
GRANTOR.
BLACK HILLS /COLORADO ELECTRIC a .8
UTILITY COMPANY, LP
B /� /i-1'
Mark L. Lux
Black Hills /Colorado Utility Company, LLC
General Partner
STATE OF COLORADO )
) ss.
CITY AND COUNTY OF DENVER)
The foregoing instrument was acknowledged before me this `/ day of
2011 by Mark L. Lux, the Vice President of Black Hills Colorado Utility Company, LC, the
General Partner of Black Hills /Colorado Electnc Utility Company, L.P on behalf of said
company
Witness my hand and official seal
My commission expires an/A.
SEAL
[ J Z1)-eCt ROB Y A. '7•O' Notary Pu c
NOTARY PUBLIC
STATE OF COLORADO
MY COMMISSION EXPIRES 7/2412012 4
Exhibit B
1882578 WD 08/09/2011 03 03 53 PM
Page 5 of 9 cif, 00 D 0 00 T 51 00
Gilbert Ortiz Clerk /Recorder Pueblo County Co
III !POT Trifle Iiii:Itia rig lialhViriilfilliiVili 11II1
GRANTEE
1614:°">°4•2 . CITY OF PUEBLO, A MUNICIPAL
�� CORPORATION
i s /r r; :
t t
y 19 ?
• = /.11r Ray Aguilera
President of the City Council
Attest: �.0
City Jerk
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
2 , 1 p -The foregoing instrument was acknowledged before me this S � day of tA.s I' ,
2fittO by Ray Aguilera, as President of the City Council, and Gina Dutcher, as the ity Clerk,
City of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
.. commission expires ghl20M
; ` 0 t. 'S E A L � j�,' • . �..c��
N OTr i No Public
_ PUBLIC
1886024 PRL AGR 09/19/2011 03 31 14 PM
Page 18 25 R D 0 0 T 3 1 00
®III
Gilbert Ortiz of Clerk /Recor der 00 ueblo 0 Coun 1 Co
Pa l% 1 iittlihd lifildlikri Nit IN 11111
5
Exhibit B
1882578 WD 08/09/2011 03 03 53 PM
Page 6 ef 9 R 51 00 D 0 00 T 51 0
Gilbert Ortiz Clerk /Recorder Pueblo County Co
111 Fr. 111,1 AM, 1111
EXHIBIT "A"
LEGAL DESCRIPTION OF THE "PROPERTY"
A parcel of land located in the NE 1/4 of Section 27, Township 20 South, Range 64 West of the
6th P.M., with all of the bearings contained herein based upon a bearing of S76 °45'09 "E, as
measured along the common right -of -way line of North 27 Lane and Pete Jimenez Parkway,
being marked on the ground by two 1 1/2 inch yellow plastic caps, PLS 34578, found in place,
all in the County of Pueblo, State of Colorado
Beginning at the South point of the West line of said North 27 Lane, where it intersects the
North line of said Pete Jimenez Parkway; thence along said North line, N76 °45'09 "W, a distance
of 40 00 feet; thence along the following five (5) courses
1) N65 °12'38 "E, a distance of 17.54 feet,
2) 13.37 feet along a curve to the left, having a radius of 13 75 feet, a tangent of 7.27 feet, a
delta of 55 °42'21" and a chord of 12.85 feet that bears N37 °21'29 "E,
3) 23 87 feet along a compound curve to the left, having a radius of 125 00 feet, a tangent of
11.97 feet, a delta of 10 °56'32" and a chord of 23 84 feet that bears N04 °02'02 "E,
4) N01 °26' 14 "W, a distance of 162.36 feet,
5) N01 ° 18'40 "E, a distance of 252.65 feet
to a point on said West line of North 27 Lane; thence along said West line, S01 °27'22 "E, a
distance of 465 55 feet, to the point of beginning.
Said parcel contains 0 101 acres or 4,413 sq ft., more or less.
1886024 PRL AGR 09/19/2011 03 31 14 PM
Page 19 of 45 R 131 00 D 0 00 T 131 00
Gilbert Ortiz Clerk/Recorder Pueblo County Co
MORN 11111
Exhibit B
1882578 WO 08/09/2011 03 03 53 PM
Page 70 9 R5
Gilbert rt iz Clerk /Recorder Pueblo County Co
111 'W Fr il !INC I Ie iid WW1 11111
EXHIBIT "B"
EASEMENTS AF'F'ECTING THE PROPERTY
1 Easement for utility lines as granted to Colorado Interstate Gas Company by instrument
recorded August 2, 1930 in Book 739 at page 127
2 Easement for utility lines as granted to Colorado Interstate Gas Company by instrument
recorded February 18, 1950 in Book 1116 at page 420
3 Right of Way Agreement conveyed to Colorado Interstate Corporation by instrument
recorded November 1, 1971 in Book 1703 at page 339
4 Easement granted to Aquila, Inc. by instrument recorded August 29, 2005 at Reception
No, 1636265
Patent
Patent recorded in Book 3 at page 411 of the records of Pueblo County, Colorado
1888024 PRL AGR 09/19/2011 03 31 14 PM
M eer 20 25 R 131 D 0 00 T 131 00
t Or tiz of. Clerk/Recorder 00 Pueblo County Co
1111 14N .1iiiildl IY I MI NM@4 CI 1111
Exhibit B
1882578 WO 08/09/2011 03 03 53 PM
Page 8 o f 9 R 51 00 D 0 00 T 51 0
Gilbert O Clerk /Recorder Pueblo Count
y Co
1111 in lifiElklilitiArifftWinititi 11111
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 m 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 beanngs contained herein based upon a bearing
of N88 °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 onginal 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 1
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 Corner (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 onginal axel, found in place; thence along the
West line of the E 1/2 of the SE 1/4 of said Section 10, N01 °25'38 "W, a distance of 2333 84 feet,
to the C- N -N -SE 1/256 Corner 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, N01 °29'44 "W, a distance of 333.24 feet, to said C 1/4 Corner of Section 10; thence
along the East -West centerlme 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.
1886024 PRL AGR 09/19/2011 03 31 14 PM
Page 21 25 R 131 00 D 0 00 131 00 0
11111 Gilbert Ortiz of Clerk /Recorder Pueblo Cou nty C �i�i ' 1 a11,iw1,l ti ®iii 1
Exhibit B
1882578 WD 08/09/2011 03 03 53 PM
G1lbert9O C1 a k5Reoorder P u e b1o 5 Cou u nTy Co
® iu � r°����,i���n ItAliVititAlCifit114114,11 Ri'a 11 11 1
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
1886024 PRL AGR 09/19/2011 03 31 14 PM
Page 22 25 R D 0 .00 T 31 00
Gilbert Ortiz of Clerk /Recorder 131 00 ueblo County Co
iii I i1 1 i'hl11 4h NI V, !4r 1111
EXHIBIT 'B'
• N Additional Right –of –Way
Located in the NE 1/4 of Section 27,
I Township 20 South, Range 84 West
f of the 8th P.M., County of Pueblo
! State of Colorado
Ei
I —
i LINE TABLE gE
SCALE. 1 =100' .LINE LENGTH BEARING e>--
L1 40.00 N76'45'09 "W m a
L2 17.54 N65'12'38 "E a m �'
..>. -
CURVE TABLE Mao
CURVE LENGTH RADIUS TANGENT DELTA CHORD BEARING m .2
C1 13.37' 13.75' 7.27' 55'42'21" 12.85' N37'21'29 "E m m
-
C2 23.87' 125.00' 11.97' 10'58'32" 23.84' N04102'02 "E B o a
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John & Beth Thatcher w N z
PO Box 25
Boone, CO 81025
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Parcel of Land Z . o r
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f PLS yellow 34578 plastic , (TYP) cop
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I ` Consulting Services, Inc.
DRAWN BY' SLM JOB NO: INITLS REVISION DESCRIPTION DATE ARCHITECTURE -SURVEYING
CHECKED BY' 2009 -063 CIVIL ENGINEERING
P.O. BOX 1826 PUEBLO, CO 81002
DATE. 06/30/2010 DWG NAME. 102 S. ONEIDA ST PUEBLO, CO 81003
SHEET 1 OF 1 INTERSECTION .dwg SLM Attorney Comments 6/24/11 TEL (719) 548 -2235 FAX (719) 546.2188
EDWARD -JAMES SURVEYING, INC.
_1/4
Augustl5 2011
Job No 888 00
Page 1 of 2
EXHIBIT "C"
A PORTION OF THE NORTHEAST QUARTER OF SECTION 27 TOWNSHIP 20 SOUTH RANGE 64 WEST OF
THE 6 PRINCIPAL MERIDIAN COUNTY OF PUEBLO STATE OF COLORADO AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS
BASIS OF BEARINGS THE EASTERLY LINE OF THE NORTHEAST QUARTER OF SECTION 27
TOWNSHIP 20 SOUTH RANGE 64 WEST OF THE 6 PRINCIPAL BEING
MONUMENTED AT THE NORTHERLY END BY A NO 6 REBAR WITH ATTACHED 2"
ALUMINUM CAP STAMPED "MERRICK & CO 2005 PLS 13155' AND AT THE
SOUTHERLY END BY AN AXLE WITH ATTACHED 2" ALUMINUM CAP STAMPED
'MERRICK & CO 2005 PLS 13155" BEING ASSUMED TO BEAR S01 °27'22 "E A
DISTANCE OF 2,639 48 FEET
EASEMENT 1
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 27 THENCE ON THE EASTERLY
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27 A DISTANCE OF 722 46 FEET TO A POINT ON
THE NORHTERLY RIGHT -OF -WAY LINE OF PETE JIMENEZ PARKWAY SAID POINT ALSO BEING THE
POINT OF BEGINNING THENCE ON SAID NORTHERLY RIGHT -OF -WAY LINE OF PETE JIMENEZ
PARKWAY N76 °45'09 "W A DISTANCE OF 155 08 FEET TO POINT A
THENCE N01 °27'22 "W ON THE WESTERLY RIGHT -OF -WAY OF NORTH 27 LANE A DISTANCE OF
210 00 FEET THENCE S76 °45'09 "E A DISTANCE OF 155 08 FEET TO A POINT ON SAID EASTERLY LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 27 THENCE ON SAID EASTERLY LINE S01 °27'22 "E A
DISTANCE OF 210 00 FEET TO THE POINT OF BEGINNING
CONTAINING A CALCULATED AREA OF 31 500 SQ FEET OR 0 723 ACRES
EASEMENT '2'
BEGINNING AT POINT A THENCE ON THE NORTHERLY RIGHT -OF -WAY LINE OF PETE JIMENEZ
PARKWAY N76 °45'09 "W A DISTANCE OF 40 00 FEET THENCE N65 °12'38 "E A DISTANCE OF 17 54 FEET
THENCE ON AN ARC OF CURVE TO THE LEFT HAVING A RADIUS OF 13 75 FEET A DELTA ANGLE OF
55 °42'21" AN ARC LENGTH OF 13 37 FEET AND WHOSE LONG CHORD BEARS N37 °21'29 "E A DISTANCE
OF 12 85 FEET TO A POINT ON THE COMPOUND CURVE THENCE ON AN ARC OF CURVE TO THE LEFT
HAVING A RADIUS OF 125 00 FEET A DELTA ANGLE OF 10 °56'32" AN ARC LENGTH OF 23 87 FEET AND
WHOSE LONG CHORD BEARS N04 °02'02 "E A DISTANCE OF 23 84 FEET THENCE N01 °26'14 "W A
DISTANCE OF 162 36 FEET THENCE S76 °45'09 "E A DISTANCE OF 12 61 FEET TO A POINT ON THE
WESTERLY RIGHT -OF -WAY OF NORTH 27 LANE THENCE ON SAID WESTERLY RIGHT -OF -WAY
S01 °27'22 "E A DISTANCE OF 210 00 FEET TO THE POINT OF BEGINNING
CONTAINING A CALCULATED AREA OF 2,855 SQ FEET OR 0 066 ACRES
LEGAL DESCRIPTION STATEMENT
I EDWARD R. FISHER, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO
DO HEREBY STATE THAT THIS ABOVE LEGAL DESCRIPTION WAS PREPARED UNDER MY
RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF IS
CORRECT " " ' '`''''''
on /�
•
.W $$04Z ' 1888024 PRL AGR 09/19/2011 03 31 14 PM
` • . Page 24 of "e R 131 00 D 0 00 T 131 00
' ;�•� 4., /,' r Gilb0.661:11.1ilkiiiii:mikiialinlithig Or tiz er P unt , •.....•• � ®I III
�q,AL L AO
EDWARD R. FISHER, PROFESSIONAL LAND SURVEYOR
COLORADO PLS NO 38042
FOR AND ON BEHALF OF EDWARD -JAMES SURVEYING INC
2764 JANITELL ROAD 4732 EAGLERIDGE CIRCLE
COLORADO SPRINGS, CO 809 06 PUEBLO, CO 81 008
PH 719 576 1216 PH 719 545 -6240
FAX 719 576 1206 FAX 719 545-6247
http.//ejsurveying.com
1886024 PRL AGR 09/19/2011 03.31 14 PM
Page 25 of 25 R 131 00 D 0 00 T 131 00
Gilbert Ortiz Clerk /Recorder Pueblo County Co
1111 irk MINIVAN VAN lift AM! idikltrelli 11111
EXHIBIT C
NORTHEAST CORNER SECTION 27
TOWNSHIP 20 SOUTH, ��
corl oo
RANGE 64 WEST OF THE 6TH P.M.
d
z
Z
w
S76°45 '09 "E w
12.61' w
P4
IL
S76 °4 S '09n o
155;0 I C;
o
t\/ EASEMENT "2" ~
2,855 SF E ASEMENT "1"
0.066 AC 31,500 SF
0.723 AC ox' 7 7 N01 °27'22 "W (,,k
150'
210.00' co
0 o0
N01 °26'14 "W
162.36' / o
` °4s 712 C�
L= 23.8 °, / o� W
R=125.00' G N
GAS d =10 °56'32" 0 N O r� •
G ...7.7 04 N4:4
AG
` 0‘'k 203.12' W G L =13.37 cAS oN r. y O
vil R= 13.75' 0 * H GAS
Or
Z1=55°4221" H , 2 Gm CO
CO
~ GAS \`\ GAS \
N65 °12'38 "E ° a z GAS
17.54' AllOp / ev GAS
''''Hi..
o's o a 41111111 Z W
* W 50.1'
cO / oQ 42.3 c
e N76 ° ¢5 0 ,
/ 120' °� N76 °45'09 "W POINT "A" 155.0 "ty
40.00' POINT OF BEGINNING
o's EASEMENT "2"
POINT OF BEGINNING
EASEMENT "1"
pE Ilrtg2P N Ci
°
5
LEGEND:
ea, UTILITY POLE 0
OH OVERHEAD ELECTRIC LINE
GAS - GAS LINE
Oh
M
O;
0
H
POINT OF COMMENCEMENT -
EAST 1/4 CORNER SECTION 27
TOWNSHIP 20 SOUTH,
R ANGE 64 WEST OF THE 6TH P.M.
0 25' 50' 100'
Fil
P EDWARD-JAMES SURVEYING, INC
SCALE: 1 °= 50' 2764 Janitell Rd. 4732 Eagleridge Circle
THIS DRAWING DOES NOT REPRESENT A Colorado Springs, CO 80906 Pueblo, CO 81008
MONUMENTED LAND SURVEY AND IS ONLY (719) 576 -1216 (719) 545 -6240
INTENDED TO DEPICT THE LEGAL DESCRIPTION. 08 - 15 - 2011 JOB NO. 888.00
SHEET 2 OF 2