HomeMy WebLinkAbout09753ORDINANCE NO. 9753
AN ORDINANCE APPROVING AN OPTION AGREEMENT
FOR SOLAR ENERGY SITE LEASE BETWEEN THE CITY
OF PUEBLO, A COLORADO MUNICIPAL CORPORATION
AND BIGHORN SOLAR 1, LLC, A DELAWARE LIMITED
LIABILITY COMPANY RELATING TO THE LEASE OF
UNIMPROVED LAND FOR THE DEVELOPMENT OF A
SOLAR ENERGY PROJECT AND AUTHORIZING THE
MAYOR TO EXECUTE SAID OPTION AGREEMENT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Option Agreement for Solar Energy Site Lease (“Option Agreement”) between
the City of Pueblo, a Colorado municipal corporation and Bighorn Solar 1, LLC, a
Delaware limited liability company, dated July 27, 2020, a copy of which is attached
hereto, having been approved as to form by the City Attorney, is hereby approved. The
Mayor is authorized to execute and deliver said Option Agreement in the name of the City
and the City Clerk is directed to affix the seal of the City thereto and attest same.
SECTION 2.
The officers and staff of the City are authorized and directed to perform any and
all acts consistent with this Ordinance and the attached Option Agreement which are
necessary or desirable to implement the transactions described therein.
SECTION 3.
This Ordinance shall become effective on the date of final action by the Mayor and
City Council.
REST OF THIS PAGE LEFT INTENTIONALLY BLANK
SIGNATURE PAGE TO FOLLOW
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on July 13, 2020 .
Final adoption of Ordinance by City Council on July 27, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on July 30, 2020 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-10
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: July 13, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Brenda Armijo, City Clerk
FROM: Scott Hobson, Acting Director of Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING AN OPTION AGREEMENT FOR SOLAR
ENERGY SITE LEASE BETWEEN THE CITY OF PUEBLO, A COLORADO
MUNICIPAL CORPORATION AND BIGHORN SOLAR 1, LLC, A
DELAWARE LIMITED LIABILITY COMPANY RELATING TO THE LEASE
OF UNIMPROVED LAND FOR THE DEVELOPMENT OF A SOLAR
ENERGY PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE
SAID OPTION AGREEMENT
SUMMARY:
Attached is a proposed Ordinance approving and authorizing the Mayor to sign Option
Agreement for Solar Energy Site Lease with Bighorn Solar 1, LLC, a Delaware limited
liability company (“Bighorn”).
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
On August 13, 2019, Public Service Company of Colorado entered into a Solar Purchase
Power Agreement with CF&I Steel, LP to supply electric energy generated by photovoltaic
solar collectors. Bighorn wishes an option to lease land owned by the City to place solar
energy generation facilities in order to meet the solar power commitment to CF&I Steel.
FINANCIAL IMPLICATIONS:
Under the attached Option Agreement, Bighorn has the option of leasing approximately
150 acres of land owned by the City. Bighorn will pay the City $10,000 for the option.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not approved, the City property will remain unimproved and Bighorn
may be required to lease other land in order to meet the solar power commitment to CF&I
Steel.
RECOMMENDATION:
The governing board of the Pueblo Economic Development Corporation recommends
approval of this Ordinance.
Attachments: Proposed Ordinance
Proposed Option Agreement for Solar Energy Site Lease
OPTION AGREEMENT FOR SOLAR ENERGY SITE LEASE
THIS OPTION AGREEMENT FOR SOLAR ENERGY SITE LEASE (this "Option
Agreement") is made and entered into as of July 27, 2020 (the "Effective Date") by and between
Owner (defined below) and Bighorn Solar 1, LLC, a Delaware limited liability company
("Developer"). In consideration of the mutual promises and covenants contained in this Option
Agreement, the adequacy and sufficiency of which are hereby acknowledged, Developer and
Owner agree as follows:
I. Basic Provisions. The following terms shall have the meanings set forth below:
A. Owner" City of Pueblo , a municipal corporation
1 City Hall Place, Pueblo, CO 81003
B. "Property" Certain real property located in the County
of Pueblo, State of Colorado, as more
particularly described in Exhibit A attached
hereto and incorporated herein by this
reference.
C. "Option Period" The period commencing on the Effective
Date and expiring on December 31, 2020.
D. "Initial Option Fee" $10,000
E. "Address for Notices"
(a) Owner: City of Pueblo, a municipal corporation
1 City Hall Place,. Pueblo, CO 81003
(b) Developer: Bighorn Solar 1, LLC
c/o Lightsource Renewable Energy
Development, LLC
400 Montgomery Street, Eighth Floor
San Francisco, CA 94104
Attn: Legal Notices
2. Grant of Option. Owner grants to Developer the exclusive right and option (the
"Option") to enter into a lease of all or any portion of the Property to evaluate, develop, construct and
operate a solar energy project (as more particularly described in the Solar Energy Site Lease
attached hereto as Exhibit C, the "Generating Facility") together with all ancillary rights and
easements for transmission and access in accordance with the terms and provisions of the Solar Energy
Site Lease in substantially the form attached hereto as Exhibit C and incorporated herein by this
reference (the "Lease"). This Option is made and given on the terms and conditions set forth in this
Option Agreement.
3. Option Fee. As consideration for the Option,within ten (10)business days following
the Effective Date, Developer shall make a payment to Owner of the Option Fee. Owner agrees to
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provide Developer with a form W-9 and other reasonably requested information in connection
with the payment of the Option Fee.
4. Exercise of Option. Developer may exercise the Option at any time during the Option
Period, by written notice of exercise to Owner (the "Notice of Exercise"). Upon exercise of the
Option, all of the rights, interests, obligations, conveyances and other terms and covenants of the
Lease shall be immediately effective and binding on the parties. Notwithstanding the foregoing,
Owner and Developer shall execute and have notarized the Lease in the form attached hereto as Exhibit
C and the Memorandum of Lease in the form attached as Exhibit D within fifteen (15) days of
Developer delivering a Notice of Exercise. The Notice of Exercise shall specify the Site(as defined
in the Lease)and(if any)the Easements Lands(as defined in the Lease),with the understanding that
if Developer leases less than all of the Property, and unless Developer determines in its reasonable
discretion that portions of the Property might impede the efficient construction and operation of the
Generating Facility (including, without limitation, as a result of biological, archeological,
environmental, geological, geotechnical, hydrological, or title conditions on such portions of the
Property), (a)the Site is expected to be along the northern boundary of the Property and then extend
contiguously southerly and easterly over the Property,and(b)in specifying the Site, Developer shall
use commercially reasonable efforts to minimize impeding Owner's commercial use of the portion
of the Property not being leased by Developer. Upon Owner's request from time to time during the
Option Period, Developer agrees to provide Owner with information related to the anticipated
location of the Site and any Easement Lands. The Site will have a minimum acreage of 125 acres.
5. Representations, Warranties and Covenants. Owner represents and warrants to
Developer that it owns the Property in fee simple. Owner further represents and warrants to Developer
that Owner and each person signing this Option Agreement on behalf of Owner has the full and
unrestricted power and authority to execute and deliver this Option Agreement and grant the interests
herein granted. All persons having any ownership or possessory interest in the Property (including
spouses)are signing this Option Agreement. Owner also represents that, upon and/or in connection
with the exercise of the Option by Developer, Owner will obtain any necessary consents and/or
subordination agreements from any lienholders and any and all tenants having a possessory interest
in the Property at the time the Option is exercised. Additionally, Owner represents and warrants to
Developer that as of the date hereof:(i)no third party has any option or right to purchase,lease,license,
or otherwise occupy or use all or any part of the Property; (ii) Owner has not received any written
notice of any pending eminent domain proceedings or other governmental actions or any judicial
actions of any kind against Owner's interest in the Property; and (iii) Owner has not received written
notice that it is in violation of any governmental law or regulation applicable to its interest in the
Property or its operation thereon, including, without limitation, any environmental laws and has no
reason to believe that there are grounds for any claim of any such violation. Notwithstanding the
foregoing,the parties acknowledge that there exists a grazing lease on the Property,which Owner shall
terminate on the exercise of the Option.Owner further represents and warrants to Developer that there
are no deeds of trust,mortgages or liens encumbering the Property.
6. Developer Rights and Covenants During Option Period. Developer shall have the
following rights and obligations during the Option Period:
(a) Access to Property for Inspection and Resource Evaluation. Owner hereby
grants Developer an exclusive license during the Option Period for Developer and its employees,
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agents and permittees to have access to the Property for the purposes of inspection, survey,design of
improvements, tests, and other actions reasonably related to the investigation by Developer of the
suitability of the Property for solar energy development, including, but not limited to an evaluation
of the Property's suitability as a solar energy site, solar intensity,zoning restrictions,transmission,
meteorological studies and soil, water, environmental, archeological and geologic studies on the
Property. During its presence on the Property, Developer shall cooperate with Owner to minimize
disruption of the operations of Owner at the Property. Notwithstanding anything to the contrary
in this Option Agreement, Developer shall be permitted to access the Property twenty-four (24)
hours a day, seven (7)days a week as reasonably determined by Developer. The Developer and/or
the developer's representatives shall provide the Owner or Managers of the Owner notice via email
no later than 24 hours in advance of on-site investigation activities.
(b) Permits. Owner hereby gives its consent to any action taken by Developer
in applying for any and all governmental permits, licenses, certificates, approvals, variances and
other entitlements for use ("Permits")necessary for the construction, installation and operation of
the Generating Facility, and Owner hereby appoints Developer its agent for applying for such
Permits and agrees to assist Developer in obtaining the Permits, if necessary, including, but not
limited to joining with Developer in requesting any and all Permits necessary for Developer's
development and use of the Generating Facility on the Property. Developer will carry out the
activities set forth in this Section 6(b) in accordance with all applicable laws, rules, codes and
ordinances at no cost to the Owner, and in such a manner as will not unreasonably interfere with
Owner's operation or maintenance of the Property. In the event that the Developer does not
exercise the Option to the Lease, the Developer shall incur the costs of returning the land to its
original zoning and unsubdivided condition.
(c) Access to Documents. Upon reasonable advance notice to Owner,
Developer shall have access during normal business hours to any and all historic documents,
drawings, plans, correspondence and memoranda in the possession or control of Owner which
relate to the Property and which may be needed for regulatory planning or permitting purposes.
(d) Easements. Owner agrees that within ten(10)days after receipt of a written
request from Developer it shall review and if agreed upon approve the location of all rights-of-
way and join in all grants for rights-of-way and easements for electric and other public utilities
and facilities and any other electric power purpose including any power transmission line as
Developer shall deem necessary or desirable for its development and use of the Property. In the
event that the Developer requires an easement outside of the Site(as defined in the Lease) on land
owned by the Owner, the Owner shall be compensated for the acreage comprising such easement
by a one-time payment equal to $4,500.00 per acre of real property subject to such easement in
accordance with the terms and conditions of the Lease.
(e) Surface Damage. The parties acknowledge that there exists fencing on the
Property.
(f) Indemnification. Developer agrees to indemnify and hold harmless Owner,
its officers,agents and employees from all liability, loss,claim,damage,cost and expense arising from
or relating to the negligence acts or omissions or willful misconduct of Developer, its contractors
or representatives, except to the extent, such property damage, personal injury or death results
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from the gross negligence or willful misconduct of the Owner, its contractors, employees or
representatives, or arise out of, or result from, the findings of Developer's investigations
undertaken pursuant to this Option Agreement. The foregoing indemnity provision shall survive
the exercise of the Option or the termination of this Option Agreement for a period of twelve (12)
months and shall thereafter terminate and expire.
7. Defaults; Termination.
7.1 Defaults. Each of the following events shall constitute an event of default by
the parties and shall permit the non-defaulting party to terminate this Option Agreement and/or pursue
all other appropriate remedies:
7.1.1 The failure or omission by Developer to pay amounts required to be
paid hereunder when due,and such failure or omission has continued for thirty(30)days after Owner
has delivered a written notice of the default to Developer; or
7.1.2 The failure or omission by either party to observe, keep or perform
any of the other terms,agreements or conditions set forth in this Option Agreement, and such failure
or omission has continued for thirty (30)days (or such longer period required to cure such failure or
omission, if such failure or omission cannot reasonably be cured within such thirty (30) day period
and the cure is diligently and continuously pursued by the defaulting party)after written notice from
the other party.
7.2 Termination by Developer. Developer may terminate this Option Agreement
without fee at any time. Any payments of the Option Fee made to Owner prior to any termination of
this Option Agreement by Developer shall be non-refundable.
8. Effect of Option Agreement; Interest in Real Property. The parties intend that the
Option Agreement create a valid and present interest in the Property in favor of Developer. Therefore,
this Option shall be deemed an interest in and encumbrance upon the Property which shall run with
the land and shall be binding upon the Property and Owner and its successors and assigns and shall
inure to the benefit of Developer and its successors and assigns. Owner covenants and agrees that
during the Option Period, Owner shall not convey the Property or any interest therein or permit any
lien or encumbrance to attach to the Property unless the transferee or lien holder, as the case may be,
shall agree, in writing, to be bound by this Option Agreement. Owner shall also protect and defend
Developer's interest in the Property and its rights and benefits under this Option Agreement.
9. Property Improvements.During the Option Period,Owner shall notify Developer of any
proposed improvements on the Property and shall work with Developer to minimize the impact of such
improvements on development of the proposed Generating Facility.
10. Intentionally Omitted.
11. Assignment. Developer shall at all times have the right to sell, assign, encumber, or
transfer all or any part of its rights and interests under this Option Agreement without Owner's
consent; provided, however, that the term of any such transfer shall not extend beyond the Option
Period and that any and all such transfers shall be expressly made subject to all of the terms,covenants
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and conditions of this Option Agreement. Developer shall provide the Owner prior notice of any
proposed assignment and notice after any assignment is made.
12. Owner Mortgages. During the Option Period, Owner shall not mortgage or
otherwise encumber its interest in the Property without providing Developer with fifteen (15)days
prior written notice thereof and a subordination, non-disturbance and attornment agreement(s), in
form and substance reasonably acceptable to Developer, from such holder(s) of any deed of trust,
mortgage or other lien encumbering the Property.
13. Mortgage of Developer's Interest. Developer shall have the right to obtain financing
from one or more Leasehold Mortgagee (as defined in the Lease) by way of a direct or collateral
assignment of this Agreement to a Leasehold Mortgagee. Notwithstanding the fact that the parties
to this Agreement have not yet executed the Lease, Owner agrees that the provisions of Section 12
of the Lease shall apply to any such financing related to this Agreement by any Leasehold
Mortgagee.
14. Miscellaneous.
14.1 Ownership of Installed Property. Owner agrees that all property installed
on the Property by Developer and its successors or assigns, whether real, personal or mixed, shall
remain the property of Developer and shall be removable by Developer at any time.
14.2 Notices. All notices or other communications required or permitted
hereunder, shall, unless otherwise provided herein, be in writing, shall be personally delivered,
delivered by reputable overnight courier, or sent by registered or certified mail, return receipt
requested, and postage prepaid, addressed to Owner at Owner's Address and addressed to
Developer at Developer's Address. Notices personally delivered shall be deemed given the day
so delivered. Notices given by overnight courier shall be deemed given on the first business day
following the mailing date. Notices mailed as provided herein shall be deemed given on the third
business day following the mailing date. Notice of change of address shall be given by written
notice in the manner detailed in this Section 14.2.
14.3 Further Assurances. Each of the parties to this Option Agreement, without
further compensation, agrees to perform all such acts (including but not limited to, executing and
delivering instruments and documents) as reasonably may be necessary to comply with recording
requirements or to otherwise fully effectuate each and all of the purposes and intent of this Option
Agreement, including without limitation, reasonable amendments hereto as may be required by
any mortgagee or lender of Developer(a"Mortgagee")or required in connection with the transfer
by Developer of the rights granted under this Option Agreement. Owner expressly agrees that it
will from time to time enter into reasonable nondisturbance agreements with any Mortgagee which
requires such an agreement stating that Owner shall recognize the rights of the Mortgagee and not
disturb its possession of the Property so long as it is not in default of any of the provisions of this
Option Agreement.
14.4 Estoppel Certificates. Each party agrees that it shall, at any time during the
Option Period within (10) days after a written request by the other party, execute, acknowledge
and deliver to the requesting party a written statement certifying that this Option Agreement is
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unmodified and in full force and effect (or modified and stating the modifications), the dates on
which the payments and any other charges have been paid, and that there are no defaults existing
or that defaults exist and stating the nature of such defaults.
14.5 No Waiver. No waiver of any right under this Option Agreement shall be
effective for any purpose unless it is in writing and is signed by the party hereto possessing the
right, nor shall any such waiver be construed to be a waiver of any subsequent right, term or
provision of this Option Agreement.
14.6 Confidentiality. Owner shall maintain in the strictest confidence, for the
sole benefit of Developer, Developer's site design and product design, methods of operation and
methods of construction and power production or availability of the Developer's project, and,
without written permission from Developer, Owner shall not issue any statements or press releases
regarding such matters. Developer acknowledges that this Option Agreement is a public record
subject to disclosure under the Colorado Open Records Act. This Section 11.6 shall survive the
termination or expiration of this Option Agreement.
14.7 Entire Agreement. This Option Agreement, together with its attached
exhibits,contains the entire agreement between the parties hereto with respect to the subject matter
hereof and any prior agreements, discussions or understandings, written or oral, are superseded by
this Option Agreement and shall be of no force or effect. No addition or modification of any term
or provision of this Option Agreement shall be effective unless set forth in writing and signed by
each of the parties.
14.8 Governing Law. The terms and provisions of this Option Agreement shall
be interpreted in accordance with the laws of the State of Colorado applicable to contracts made
and to be performed within such State and without reference to the choice of law principles of such
State or any other state.
14.9 Interpretation. The parties agree that the terms and provisions of this Option
Agreement embody their mutual intent and that such terms and conditions are not to be construed
more liberally in favor, or more strictly against, either party. The rule of strict construction shall
not apply to this Option Agreement. This Option Agreement shall be given reasonable
construction so that the intention of Owner and Developer to confer reasonably useable benefits
and reasonably enforceable rights and obligations is carried out.
14.10 Partial Invalidity. Should any term or provision of this Option Agreement,
or the application thereof to any person or circumstance,to any extent, be invalid or unenforceable,
the remainder of this Option Agreement or the application of such term or provision to persons or
circumstances other than those to which it is held invalid or unenforceable, shall not be effected
thereby, and each remaining term and provision of this Option Agreement shall be valid and
enforceable to the fullest extent permitted by law.
14.11 Counterparts; Electronic Execution. This Option Agreement may be
executed and recorded in two or more counterparts, each of which shall be deemed an original and
all of which, when taken together, shall constitute one and the same instrument. The Agreement
may be duly executed and delivered by electronic means.
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14.12 Attorneys' Fees. The prevailing party in any action or proceeding for the
enforcement, protection, or establishment of any right or remedy under this Option Agreement or
for the interpretation of this Option Agreement shall be entitled to recover its reasonable attorneys'
fees and costs in connection with such action or proceeding from the non-prevailing party.
14.13 No Representation. Developer makes no representation or warranty as to
the likelihood that it will exercise the Option or as to the suitability of the Property for development
of solar energy facilities.
14.14 Relationship of Parties. The duties, obligations and liabilities of each of the
parties are intended to be several and not joint or collective. This Option Agreement shall not be
interpreted or construed to create an association,joint venture, fiduciary relationship or partnership
between Owner and Developer or to impose any partnership obligation or liability or any trust or
agency obligation or relationship upon either party. Owner and Developer shall not have any right,
power, or authority to enter into any agreement or undertaking for, or act on behalf of, or to act or
be an agent or representative of, or to otherwise bind, the other party.
14.15 Memorandum of Option. Concurrent with the execution of this Option
Agreement the parties shall execute a Memorandum of Option in the form attached hereto as
Exhibit B and incorporated herein by this reference. Developer may, at its expense, record the
Memorandum of Option.
[signatures on following page]
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IN WITNESS WHEREOF, the parties have executed this Option Agreement as set forth
below.
"OWNER"
CITY OF PUEBLO, a Colorado municipal
corporation
...-
Attcs J'1da By
(41"e;14.41414)41/11;
City Clerk: Brenda Armijo Mayor:Nicholas A.Gradisar
"DEVELOPER"
Bighorn Solar 1, LLC,
a Delaware limited liability company
By:
Name: Kevin Christy
Title: COO, North America
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EXHIBIT A
DESCRIPTION OF THE PROPERTY
All of that certain real property in the County of Pueblo, State of Colorado described as
follows:
A Parcel of land located in the northeast one-quarter of Section 1, Township 22 South,
Range 65 West, the east one-half of Section 36, Township 21 South, Range 65 West, the
northwest one-quarter of Section 6, Township 22 South, Range 64 West, and Section
31, Township 21 South, Range 64 West, the 6th P.M. in the County of Pueblo and State
of Colorado and being more particularly described as follows:
Basis of Bearings is the north line of Section 36, monumented on the west with a found 3
1/4" aluminum cap stamped with P.L.S. No. 33200 and monumented on the east with a
found 3 1/4" aluminum cap stamped with P.L.S. No. 33200, to bear N. 89°19'04" W. and
all bearings being relative thereto.
Beginning at the southeast corner of the Lot 1 in Block 1, St. Charles Industrial Park,
Filing No. 1 according to the recorded plat thereof filed for record on June 4, 2012 at
Reception No. 1909383 in the records of Pueblo County Recorder; thence N. 03°00'08"
E. along the east line of said Lot 1 in Block 1, St. Charles Industrial Park, Filing No. 1, a
distance of 2,455.66 feet to the northeast corner of said Lot 1 in Block 1, St. Charles
Industrial Park, Filing No. 1; thence N. 88°25'10" W. along the north line of said Lot 1 in
Block 1, St. Charles Industrial Park, Filing No. 1, a distance of 955.29 feet to the .
southeast corner of a parcel of land deeded to the City of Pueblo according to the Special
Warranty Deed filed for record on January 1, 2015 at Reception No. 1995360 in the
records of Pueblo County Recorder; thence N. 03°00'08" E. along the east line of said
Parcel deeded to the City of Pueblo, a distance of 3,492.86 feet; thence S. 89°19'04" E.,
a distance of 1,880.35 feet to the east line of said Section 36; thence S. 88°05'25" E., a
distance of 3,849.90 feet more or less to a point on the west line of a parcel of land
according to the Warranty Deed filed for record on June 9, 1988 at Reception No. 864836
in the records of Pueblo County Recorder; thence S. 00°12'55" W. along said west line,
a distance of 1,578.96 feet more or less to a point on the northerly right-of-way of Lime
Road as presently located; thence S. 62°44'38" W. along the said northerly right-of-way
of Lime Road, a distance of 228.22 feet more or less to a existing barbed wire fence;
thence N. 83°50'30"W. along said existing barbed wire fence, a distance of 1,249.36 feet
; thence S. 00°56'25" E. along the existing barbed wire fence, a distance of 950.94 feet
more or less to a point on the northerly right-of-way of Lime Road as presently located;
thence S. 52°58'30" W. along the said northerly right-of-way of Lime Road, a distance of
1,387.21 feet more or less to an angle point in said right-of-way; thence N. 89°54'35" W.
continuing along the said northerly right-of way of Lime Road, a distance of 23.82 feet
more or less to a point of intersection of the northerly right-of-way line of Lime Road as
presently located and the southeasterly line of a parcel of land according to the Warranty
Deed filed for record on December 7, 2017 at Reception No. 2090434 in the records of
Pueblo County Recorder; thence S.52°52'27" W. along the said southeasterly line, a
distance of 1,047.62 feet; thence continuing along the southeasterly line, along the arc of
a curve to the left whose radius is 2,060.00 feet, a distance of 410.08 feet; thence S.
41°28'06" W. continuing along the said southeasterly line, a distance of 216.22 feet more
or less to the west line of said Section 6; thence S. 00°09'33" W. along said west line of
Section 6 and the said southeasterly line, a distance of 7.57 feet; thence S. 41°28'06" W.
continuing along the said southeasterly line, a distance of 1,121.20 feet more or less to a
point of intersection of the said southeasterly line and the northwesterly right-of-way line
of Lime Road as presently located; thence S. 19°56'44" W. along the northwesterly right-
of-way of Lime Road as presently located, a distance of 66.68 feet more or less to an
angle point; thence S. 41°29'46" W. along the said northerly right-of-way of Lime Road, a
distance of 424.05 feet more or less to the northeasterly platted Lime Road right-of-way
in St. Charles Industrial Park, Filing No. 2, according to the recorded plat thereof filed for
record on May 4, 2017 at Reception No. 2069460 in the records of Pueblo County
Recorder; thence N. 48°14'59" W. along the said platted Lime Road right-of-way, a
distance of 24.26 feet; thence S. 41°45'01" W. continuing along the said platted Lime
Road right-of-way, a distance of 262.68 feet to the Point of Beginning. Containing 448.59
acres, more or less.
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