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Home My WebLink About20092102.tiffa DISTRICT COURT, WELD COUNTY, COLORADO Court Address: Weld County District Court 901 - 9`h Avenue Greeley, Colorado 80631 Petitioner: PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation; Respondents: IVAR W. LARSON AND DONNA M. LARSON; ARTIE P. GREGG AND BEN H. GREGG; RESOURCE GATHERING SYSTEMS, INC., a California corporation; COUNTY OF WELD, a body corporate and politic of the State of Colorado; and JOHN R. LEFEBVRE, JR., acting in his official capacity as TREASURER OF WELD COUNTY. John R. Sperber, 422073 Brandee L. Caswell, #30706 FAEGRE Sc. BENSON LLP 1700 Lincoln Street, Suite 3200 Denver, Colorado 80203 Telephone No: (303) 607-3500 Facsimile No. (303) 607-3600 ATTORNEYS FOR PETITIONER SUMMONS A COURT USE ONLY Case Number: 09 CV 771 Division: D THE PEOPLE OF THE STATE OF COLORADO: To the above -named Respondents, GREETINGS: You are hereby summoned and required to file with the clerk of this Court an answer or other response to the attached Petition in Condemnation. If service of the Summons and the Petition in Condemnation was made upon you within the State of Colorado, you are required to file your answer or other response within 20 days after such service upon you. If service of the Summons and Petition was made upon you outside of the State of Colorado, you are required to file your answer or other response within 30 days after such service upon you. 2A ° Cc ; PS/ T/a �c/7 e/� ? N//c' /E 2009-2102 This is an action in eminent domain, as set forth in the Petition in Condemnation, a copy of which is attached hereto and made a part hereof. Also being served with this Summons are a Civil Cover Sheet, Notice of Lis Pendens, a Motion for Immediate Possession with a Proposed Order Granting Immediate Possession, and a Notice to Set Immediate Possession Hearing. You are hereby notified that this is a special statutory proceeding brought pursuant to C.R.S. § 38-1-101, et seg. This Summons is being issued pursuant to C.K.S. § 38-1-103. Any objections concerning the legal sufficiency of the Petition in Condemnation or the regularity of this proceeding must be raised by you as provided by C.R.S. § 38-1-109. At an immediate possession hearing, or pursuant to a Stipulation for Immediate Possession, the Court may authorize the Petitioner to take possession of and use the property described in the Petition in Condemnation pursuant to C.R.S. § 38-1-105(6)(a) and § 38-5-106. Subsequent thereto, a valuation trial will be scheduled. If you fail to appear and defend at said valuation trial, the Court, without further notice, shall cause the compensation to be determined and title vested in the Petitioner according to law pursuant to C.R.S. § 38-1-103. If this Summons does not contain the docket number of the civil action, then the Petition in Condemnation may not now be on file with the Clerk of this Court. The Petition in Condemnation must be filed within 10 days after the Summons is served, or the Court will be without jurisdiction to proceed further and the action will be deemed dismissed without prejudice and without further notice. Information from the Court concerning this civil action may not be available until after 10 days after the Summons is served. DATED this 3O day of July, 2009. Attorneys for Petitioner Public Service Company of Colorado In accordance with C.R.C.P. 121 §1-26(9) a printed copy of this document with original signatures is being maintained by the filing party and will be made available for inspection by other parties or the court upon request. fb us. 4281150 01 DISTRICT COURT, WELD COUNTY, COLORADO Court Address: Weld County District Court 901 - 9th Avenue Greeley, Colorado 80631 COURT USE ONLY Petitioner: PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation; v. Respondents: Case Number: 09 CV 771 Division: D IVAR W. LARSON AND DONNA M. LARSON; ARTIE P. GREGG AND BEN H. GREGG; RESOURCE GATHERING SYSTEMS, INC., a California corporation; COUNTY OF WELD, a body corporate and politic of the State of Colorado; and JOHN R. LEFEBVRE, JR., acting in his official capacity as TREASURER OF WELD COUNTY. John R. Sperber, #22073 Brandee L. Caswell, #30706 FAEGRE & BENSON LLP 1700 Lincoln Street, Suite 3200 Denver, Colorado 80203 Telephone No: (303) 607-3500 Facsimile No. (303) 607-3600 ATTORNEYS FOR PETITIONER PETITION IN CONDEMNATION PETITIONER, Public Service Company of Colorado, a Colorado corporation ("Petitioner"), by and through its attorneys, alleges as follows: 1. Petitioner is a properly constituted Colorado corporation and public utility pursuant to C.R.S. § 40-1-103(1)(a), formed for the purpose, among others, of constructing pipelines and related appurtenances and facilities to provide natural gas and other substances transportable by pipeline to the public. 2. Petitioner is vested with the power to condemn private property for public use and public purposes pursuant to Colorado statutes including, but not limited to, C.R.S. § 38-5- 104, 105 and other relevant law. 3. This proceeding is brought pursuant to the provisions of C.R.S. § 38-5-101, et seq. and, where applicable, C.R.S. § 38-1-101, et s q. 4. Petitioner has determined that there is a public need and necessity, and it is in the public interest, to obtain immediate possession of and to acquire a permanent easement in order to construct a natural gas pipeline and related facilities, together with a temporary easement, all as more particularly described and depicted in the easements, property descriptions and land plats attached hereto as Exhibits 1 and 2 and made a part hereof (the "Property"). The temporary easement shall commence when PSCo obtains immediate possession of the Property, and shall expire pursuant to the terms of Exhibit 2. The purposes and uses for which said interests are being acquired will be referred to herein as "the Project." 5. Petitioner's acquisition of the Property is necessary to fulfill Petitioner's obligation to provide natural gas service for the benefit of the public health, welfare and safety. The Project constitutes and isin furtherance of a public use and has been undertaken for a public purpose. 6. Pursuant to C.R.S. § 38-1-102, this Court has jurisdiction over this proceeding. Venue is also proper in this Court because the Property is located in Weld County. 7. Through this action, the Petitioner does not seek to obtain any water rights or rights to use water, either decreed or undecreed, permitted or unpermitted, tributary, non - tributary or not non -tributary, designated or undesignated that is owned or claimed by Respondents or in any way associated with the Property that is the subject of this action. The Petitioner disclaims any interest in any water rights or rights to use water owned by the Respondents or in any uses of water associated with the Property. Nonetheless, the Petitioner's disclaimer of water rights and right to use water shall not be construed as permission by the Respondents or any others to locate or perpetuate surface facilities incident to water rights or the rights to use water that are not already existing and that would interfere with the Petitioner's use of the Property for the Project. 8. Through this action, the Petitioner does not seek to obtain any mineral rights severed, leased or otherwise conveyed from the surface estate, either decreed or undecreed, permitted or unpermitted, designated or undesignated that is owned or claimed by Respondents or in any way associated with the Property that is the subject of this action. The Petitioner disclaims any interest in any mineral rights owned by the Respondents or in any way associated with the Property. Nonetheless, the Petitioner's disclaimer of mineral rights shall not be construed as permission by the Respondents or any others to locate or perpetuate surface facilities or to conduct other activities incident to mineral rights that would interfere with the Petitioner's use of the Property for the Project. 9. This proceeding is brought pursuant to the provisions of C.R.S. § 38-1-105(4), as amended, which shall apply with regard to any vein, ledge, lode, deposit, oil, natural gas or other mineral reserve. 2 10. The Property is purportedly owned of record by Respondents Ivar W. Larson and Donna M. Larson (the "Respondent -Owners"). 11. Respondents Arties P. Gregg and Ben H. Gregg are named herein as they may have an interest in the Property pursuant to reservation of all oil, gas and mineral rights as reserved in a Deed recorded December 29, 1951, in Book 1320 at Page 32; reservation of all oil, gas and mineral rights as reserved in a Deed recorded January 4, 1952, in Book 1320 at Page 219; and reservation of all oil, gas and mineral rights as reserved in a Deed recorded January 8, 1953, in Book 1347 at Page 436 in the Weld County Clerk and Recorder's office. 12. Respondent Resource Gathering Systems, Inc. is named herein as it may have an interest in the Property pursuant to a Right of Way Grant recorded April 7, 1994, at Reception No. 2382440 in the Weld County Clerk and Recorder's Office. 13. Respondent County of Weld, State of Colorado is named herein as it may have an interest in the Property pursuant to a Grant of Permanent Easement recorded February 26, 2003, at Reception No. 3036358 and an Agreement for Conveyance of Easement recorded February 26, 2003, at Reception No. 3036359 in the Weld County Clerk and Recorder's Office. 14. Respondent John R. Lefebvre, Jr., as Treasurer of Weld County, is named herein pursuant to C.R.S. § 39-3-134. 15. The Petitioner is informed and believes that this action does not affect the property or interests of any person under a guardianship or conservatorship. 16. Insofar as it is known by the Petitioner, there are no other persons or entities with an interest of record in the property purportedly owned by the Respondent -Owners which will be affected by the Property to be acquired by the Petitioner. 17. The Petitioner has negotiated in good faith with the relevant parties for the purchase of the Property, but the compensation to be paid for the Property cannot be agreed upon. Further negotiations would be futile under the circumstances. 18. The Petitioner requires an Order for Immediate Possession of the Property in order to proceed with the construction and operation of the Project. 19. Respondents have a duty to mitigate their damages, if any, arising by reason of this acquisition. Any damages resulting from a failure to take such reasonable steps cannot be recovered. - WHEREFORE, the Petitioner prays as follows: I. That Respondents be required to affirmatively state any claim or interest they may assert in the Property, including any claim of ownership, and the names and addresses of any other interested persons or entities and the nature of those interests; 3 2. That the Petitioner have judgment condemning the Property for the public uses set forth herein upon the payment of just compensation to Respondents or other parties in interest as provided by law, and that the Court issue a Rule and Order conveying the Property to the Petitioner; 3. That the Petitioner be granted immediate possession of the Property in accordance with the Motion for Immediate Possession filed herewith; 4. That the Court determine the proper deposit to be made by the Petitioner with the Court Registry for taking immediate possession of the Property and that the Court enter an Order authorizing the Petitioner and its contractors, agents, servants, employees, and assigns to enter into, take and retain possession of the Property for the purposes set forth in this Petition during the pendency of this proceeding without interference from any Respondents or their successors, assigns, heirs, devisees, personal representatives, guests or invitees or any other person or persons claiming by or through or under said Respondents; and 5. For such other and further relief as this Court may deem proper. DATED this 31st day of July, 2009. FAEG t ENS �J�nLLP By: eys e - ' etitioner blic Service Company of Colorado In accordance with C.R.C.P. 12] §1-26(9) a printed copy of this document with original signatures is being maintained by the filing party and will be made available for inspection by other parties or the court upon request. Petitioner's Address: Public Service Company of Colorado c/o Casey Dillon Crain 550 15th Street, Suite 700 Denver, Colorado 80202 fb. us.4228 108.03 4 DIVISION LOCATION ROW AGENT Michael Morgan DESCRIPTION AUTHOR Doyle E. Abrahamson, Merrick & Company DOC. NO. PIATtGRID NO. WO/JO/CREG NO. PUBLIC SERVICE COMPANY OF COLORADO EASEMENT For and in consideration of $10.00 (Ten and 00/100 Dollars) and other good and valuable consideration in hand paid, the receipt of which is hereby acknowledged, the undersigned Grantor(s) hereby grant(s) and convey(s) to Public Service Company of Colorado, a Colorado corporation, Grantee, an easement fifty (50) feet in width, to install, construct, maintain, alter, repair, replace, reconstruct, operate, and remove pipelines and related appurtenances, fixtures, or devices for the transportation of gas or oil, and associated communication facilities, on, under, over, or through the following described lands in a parcel of land located in Section 6, Township 4 North, Range 67 West of the 6"1 Principal Meridian, County of Weld, State of Colorado, the easement is described as in Exhibit "A," attached hereto and made a part hereof: The above sum is acknowledged by the undersigned as full consideration for the easement and also for damages to both land and growing crops occasioned by the initial installation of facilities. The Grantor(s) reserve(s) the right to cultivate, use and occupy said premises for any purpose consistent with the rights and privileges herein granted and which will not interfere with or endanger any of the facilities therein or use thereof. Such reservation by the Grantor(s) shall in no event include the right to construct any buildings or structures, to impound any water, or to plant any trees or shrubs upon the easement. The Grantee, at all times, shall have the right of access along and upon the easement for the purpose hereof, which include surveying, inspection and testing. Grantee shall pay Grantor(s) for actual damages to land and growing crops occasioned by any future installations, construction, maintenance, alteration, repairing, replacing, reconstruction, and removal of facilities on the easement. To have and to hold the said easement unto the said Grantee, its successors and assigns, so long as the same shall be used or useful for the purposes of the Grantee. Executed by Grantor(s) this day of , 2009. GRANTOR: IVAR W. AND DONNA M. LARSON Ivar W. Larson STATE OF COLORADO COUNTY OF ) ss. Donna M. Larson The foregoing instrument was acknowledged before me this day of _,20_ by: Ivar W. and Donna M. Larson, Grantor. Witness my hand and official seal. My commission expires: Notary Public Version: 2/01 P \PSCO\C33#11\PHASE 1 FILES\LARSON - IVAR AND DONNA\Permanent Easement form NEW 7-7-09.doc OD DC MERRICK° DOD SUILDINO auaurr 9DWTIONS Merrick & Company 2450 S. Peoria St. / Aurora, CO 80014 303/751-0741 / Fax 303/751-2581 Job No.: 02014910-86 File: ..\090628_30-31-Larson-P-R2.doe Date: June 9, 2009 Rev: June 15, 2009 Rev: June 28, 2009 EXHIBIT A PERMANENT EASEMENT PROPERTY DESCRIPTION Ivar W. Larson and Donna M. Larson That part of Lot B, Recorded Exemption No. 1059 -06 -2 -RE -2515 recorded at Reception No. 2746724 and Lot B, Recorded Exemption No. 1059 -06 -2 -RE -2516 recorded at Reception No. 2746722, all in the Weld County Clerk and Recorder's Office, being within the Northeast Quarter of Section 6, Township 4 North, Range 67 West of the 6`h Principal Meridian, County of Weld, State of Colorado lying within 25.00 feet of the following described centerline: COMMENCING at the East Quarter corner of said Section 6, whence the Northeast corner of said Section 6 bears N01 °09'03"W a distance of 2533.05; THENCE N01 °09'03"W along the easterly line of said Northeast Quarter of Section 6 a distance of 1365.36 feet to the POINT OF BEGINNING; THENCE the following four (4) courses along said centerline: 1) N89°19'24"W a distance of 55.03 feet; 2) THENCE S01 °09'03"E along a line 55.00 feet westerly of and parallel with said easterly line of the Northeast Quarter of section 6 a distance of 1338.12 feet; 3) THENCE N87°03'41 "W along a line 25.00 feet northerly of and parallel with the southerly line of said Northeast Quarter of Section 6 a distance of 2656.51 feet; 4) THENCE S03°02'30"E a distance of 25.14 feet to a point on the southerly line of said Northeast Quarter of Section 6, said point being the POINT OF TERMINATION. Sidelines are shortened or lengthened to intersect the easterly line of said Lot B, Recorded Exemption No. 1059 -06 -2 -RE -2515. Containing 4.657 Acres, more or less. 0 ,.n. ' / ttilli .// DoMP,.(• Fr` rair 31 Da sir •. ;3 2009 9� Job N+% y • t 6z; o For an+i+: ehalf of .`�; Merrick l ; (pa�rP° WSJ:' L10 I of 1 An Employee -Owned Company SEE DETAIL A POINT OF TERMINATION N / NY. COR. SEC. d —1 II 74N, R67W, 6TH R.M. II II i I .- I,-50' ROW ESML / \� 'I WESTERN SLOPE GAS CO. _ I I REC. NO. 01944020 50' ROW ESMT.-^1 F'- SINGIfIR PIPE LINE CO. I I 1654, PC 600 I I B RECORD EXEMPTION NO. 1059- � 2 -RE -2516 REG Nfm.ID46722 I I 50' ROW ESMT.-9 I SINCLAIR PIPE 1 LINE CO. hx 1654, PC 600 I EXHIBIT A PERMANENT EASEMENT Ivar W. and Donna M. Larson T5N II I T4 NNW COR. SEC. 5 T4N, R67W, 6TH P.M. END. #6 REBAR W/ CAP BROKEN Off 60 ROW - 30' POINT OF BEGINNING SEE DETAIL /7 I /// LOT B/// RECORDED EXEMPTION N0. 1059 -0,6+2 -RE -2515 II REC.NO'2746724 /47 NO OF LIS PENDENS---II L- ��/ L2 ENT 10 ROW ESMT. I �� -i NOTICE OF US PENDENS SIN LAIR PIPE LINE CO. 11 -"G 30' PERM. EXCLUSIVE UTIL. I EC. NO. 3470941 I �G i ESMT./50' TEMP_ ESMT. It ��' pER RFC. NO 3545199 ll P 1N4 1�4� cONG P g90AT /EKE`' N0 } GRANT OF PERM. ESMT. AEC L3 TO WELD COUNTY II L4 C 1/4 COR. SEC. 6 i4N, R67W, 6TH P.M.END 1 1/4" 01W. PIPE W/ 2' ALUM. CAP STAMPED 2000 LS 30462 PROJ. 0.25' ABOVE SURFACE / C 1/4 CON. SEC. 6 T4N, R67W, 6TH P.M. END. 1 1/4" DLA. PIPE W/ 2' ALUM. CAP STAMPED 2000 I LS 30462 PROJ. 0.25' ABOVE SURFACE \ POINT OF \ TERMINATION N NOTE This exhibit does not represent a monumented survey. It is intended only to depict the attached description. N / L4 / / i DETAIL A (1'=10D') 587'03'41"E 27 8.70' WAR W. LARSON & DONNA M. LARSON PERMANENT EASEMENT 4.657 ACRES± LINE BEARING DISTANCE L1 N89'19'24"W 55.03' L2 501'09'03"E 1338 12' L3 N87'03'41 "W 2656.51' 14 503'02'30"E 25.14' L1 55 NEC. NO. 3036358 POINT OF CQIMENCEMD4T W 1/4 COR. SEC 5 T4N, R67W, 6TH P.M. END. #5 REBAR W/ 3 1/4" ALUM. CAP LOOSELY ATTACHED STAMPED 2003 LS 23520 GE BOX. 0.5' BELOW SURFACE o 125 250 J loo DETAIL B (1"=100' Prepared by Merrick & Company 02014910-ocdjner9Y\e5 - Mn aen Cos line sv,vying\PARCELS \ .5020728_32.31- Larson -R3 Org. WAR W. LARSON & DONNA M. LARSON PERMANENT EASEMENT m o z z ID LCD I ta o CIC \ POINT OF BEGINNING / 1 inch = 500 ft. O PUBLIC SERVICE COMPANY OF COLORADO " SECTION 6 ,TOWNSHIP 4 N 61h PRINCIPAL MERIDIAN, DOCUMENT NO.. RANGE 67 SCALE: 1=500 DRAWN BY: COP DATE: 7/28/2009 ETD COUNTY, Colorado AGENT: MILLIKEN HP GAS LiNE PUBLIC SERVICE COMPANY OF COLORADO TEMPORARY EASEMENT For and in consideration of $10.00 (Ten and 00/100 Dollars) and other good and valuable consideration in hand paid, the receipt of which is hereby acknowledged, the undersigned Grantor(s) hereby grant(s) and convey(s) to Public Service Company of Colorado, a Colorado Corporation, Grantee, a temporary construction, access and staging easement for the purpose of ingress and egress, material storage and construction staging on, over, under, and across the following described premises located in the County of Weld, State of Colorado, to wit: A parcel of land located in Section 6, Township 4 North, Range 67 West of the 6`" Principal Meridian, County of Weld, State of Colorado, the easement is described as in Exhibit "A," attached hereto and made a part hereof: This temporary construction easement shall not be recorded. Together with full right and authority to Grantee, its successors, licensees, lessees, contractors, or permitted assigns, and its and their agents and employees, to enter at all times upon said premises to survey, construct, repair, reconstruct, patrol, inspect, improve, and maintain said access, together with culverts or other appurtenances used or useful in connection therewith over said premises. This grant is subject to the following conditions: 1. Grantee acknowledges and agrees that the easement herein granted is a temporary easement and shall automatically terminate upon Grantee completing the Milliken to Berthoud 16" Natural Gas Pipeline Reinforcement Project, or 1 year, which ever comes first. 2. Grantee shall restore all areas disturbed by its use of the easement area as near as practicable to its condition prior to Grantee's use thereof. 3. The provisions of this non-exclusive temporary construction easement shall be binding upon and inure to the benefit of the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. Executed by Grantor(s) this day of , 2009. GRANTOR: IVAR W. AND DONNA M. LARSON War W. Larson STATE OF COLORADO COUNTY OF ss. Donna M. Larson The foregoing instrument was acknowledged before me this day of 20 by: Ivar W. and Donna M. Larson, Grantor. Witness my hand and official seal. My commission expires: Notary Public P:,PSCO\C33# I I \PHIASE I FILES\LARSON - 1VAR AND DON -NA \Temp Easement NEW 7-7-09.doc Dap NIERRIOK® ❑❑❑ O°ILOINO QUALITY SOLUTIONS Merrick & Company 2450 S. Peoria St. f Aurora, CO 80014 3031751-0741 / Fax 303/751-2581 Job No.: 02014910-86 File: .A090628_30 -31 -Larson -T -R2. doc Date: June 9, 2009 Rev: June 15, 2009 Rev: June 28, 2009 EXHIBIT A TEMPORARY EASEMENT PROPERTY DESCRIPTION Ivar W. Larson and Donna M. Larson That part of Lot B, Recorded Exemption No. 1059 -06 -2 -RE -2515 recorded at Reception No. 2746724 and Lot B, Recorded Exemption No. 1059 -06 -2 -RE -2516 recorded at Reception No. 2746722, all in the Weld County Clerk and Recorder's Office, being within the Northeast Quarter of Section 6, Township 4 North, Range 67 West of the 6th Principal Meridian, County of Weld, State of Colorado lying within 50.00 feet to the right of the following described centerline: COMMENCING at the East Quarter corner of said Section 6, whence the Northeast corner of said Section 6 bears N01°09'03"W a distance of 2533.05; THENCE NO1 °09103 "W along the easterly line of said Northeast Quarter of Section 6 a distance of 1365.36 feet to the POINT OF BEGINNING; THENCE the following four (4) courses along said centerline: 1) N89°19'24"W a distance of 55.03 feet to Point A; 2) THENCE S01°09'03"E along a line 55.00 feet westerly of and parallel with said easterly line of the Northeast Quarter of section 6 a distance of 1338.12 feet; 3) THENCE N87°03'41 "W along a line 25.00 feet northerly of and parallel with the southerly line of said Northeast Quarter of Section 6 a distance of 2656.51 feet; 1 of 2 An Employee -Owned Company R R MERRICK° ODD 9LJIL°IND DUALITY DOLUTIDNS Merrick & Company 2450 S. Peoria St. / Aurora, CO 80014 303/751-0741 / Fax 303/751-2581 4) THENCE S03°02'30"E a distance of 25.14 feet to a point on the southerly line of said Northeast Quarter of Section 6, said point being the POINT OF TERMINATION. Sidelines are shortened or lengthened to intersect the easterly line of said Lot B, Recorded Exemption No. 1059 -06 -2 -RE -2515. Excepting that portion lying within 25.00 feet of the above described centerline. Also that part of said Lot B, Recorded Exemption No. 1059 -06 -2 -RE -2515 lying within 37.50 feet of the following described centerline: BEGINNING at said Point A; THENCE N89°19'24"W a distance of 350.03 feet to the POINT OF TERIVIINATION. Except the East 105.00 feet of said Lot B, Recorded Exemption No. 1059 -06 -2 -RE -2515. The above -described parcels containing a total of 2.845 Acres, more or less. 2 of 2 An Employee -Owned Company EXHIBIT A TEMPORARY EASEMENT Ivor W. and Donna M. Larson N Y4 COR. SEC. 6, I T4N, R67W, 6TH L. II I I i 50' ROW ESMT. WESTERN SLOPE GAS CO. _ I REC. NO. 01944020 11 I 50' ROW ESMT. - 3 t- SINCLAIR PIPE LINE CO. K 1654, PG 600 40` B RECORD Et I EXEMPTION NO. 1059-006 2 -RE -2516 REC. N8.I2746722 50' ROW ESMT,-"II SINCLAIR PIPE j LINE CO I LIP 1654, PG 600 II I11 I NO' IFtl OF LIS PENDENS--qI ]-- AMEN MEINT TO ROW ESMT. 511,CLAIR PIPE LINE CO. 1 NEC NO. 3470941 II I I II II II III SEE DETAIL A_ I I //.2-= -= = POINT OF TERMINATION N / / sA/4 COR. SEC. 6 R67W, 6TH P.M. END. 1 1/4" DIA, PIPE W/ 2" ALUM. CAP STAMPED 2000 LS 30462 PROJ. 0.25' ABOVE SURFACE / C 1/4 COR. SEC. 6 T4N, R67W, 6TH P.M. MD. 1 1/C DIA. PIPE W/ 2" ALUM. CAP STAMPED 2000 I LS 30462 PROD. 0.25' ABOVE SURFACE L4 / / / \ POINT OF N \TERMINATION N N DETAIL A (1 -100') NOTE This exhibit does not represent a monumented survey. It is intended only to depict the attached description. T5N T4N NW COR. SEC. 5 T4N, R67W, 6TH P.M. END. #6 REBAR W/ CAP BROKEN OFF 9 60' ROW - 30' POINT OF BEGINNING POINT A SEE DETAIL B POINT OF TERMINATION / /L5 L1 LOT B/// RECORDED EXQAIPPON 55' NO. 1059-Dr4-RE-2515 REC. N°22746724 10500' /5 - L2 // iiN i \NOTICE OF LIS PENDENS i 30' PERM. EXCLUSIVE UTIL. i-- ESMT/50' TEMP. ESMT. g REC. NO 3545199 43 6‘54140 5O0 GRANT OF PERM. ESMT. REC' L3 "' 2 - TO WELD COUNTY Ni REC. NO. 3036358 S87'03'41 "E 27 8.70 IVAR W. LARSON & DONNA M. LARSON TEMPORARY EASEMENT 2.645 ACRES± LINE BEARING DISTANCE L1 N89'19'24"W 55.03' L2 S01"09'03"E 1338.12' L3 N87'03'41 "W 2656.51' L4 503'02'30"E 25.14' L5 N89" 19'24-W 350.03' 0 125 250 PONT OF COMMENCEMENT W 1/4 COR. SEC T4N, R67W, 6TH P.M. END. w5 REBAR W/ 3 1/4" ALUM. CAP LOOSELY ATTACHED STAMPED 2003 LS 23520 GE BOX. 0.5' BELOW SURFACE / r VI A POINT A 100] 1 inch = 500 it. 02014910-0c1_EnergyV06 - N L DETAIL B (1"=100' I z N N N N 0 POINT OF BEGINNING / Prepared by Merrick & Company nYe" cos one Surrems\PARCELS \.\090720_30-SI-lonoo-OS Sag IVAR W. LARSON & DONNA M. LARSON TEMPORARY EASEMENT PUBLIC SERVICE COMPANY OF COLORADO s" SECPON 6 TOWNSHIP 4 N 6th PRINCIPAL MERIDIAN, WELD COUNTY, Colorado ,RANGE 67 SCALE: 1"-500' PRA VM BY: GDP MILLIKEN HP GAS LINE DOCUMENT NO. AGENT: DATE: 7/28/2009 DISTRICT COURT, WELD COUNTY, COLORADO Court Address: Weld County District Court 901 - 9`h Avenue Greeley, Colorado 80631 Petitioner: PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation; V. Respondents: IVAR W. LARSON AND DONNA M. LARSON; ARTIE P. GREGG AND BEN H. GREGG; RESOURCE GATHERING SYSTEMS, INC., a California corporation; COUNTY OF WELD, a body corporate and politic of the State of Colorado; and JOAN R. LEFEBVRE, JR., acting in his official capacity as TREASURER OF WELD COUNTY. John R. Sperber, #22073 Brandee L. Caswell, #30706 FAEGRE & BENSON LLP 1700 Lincoln Street, Suite 3200 Denver, Colorado 80203 Telephone No: (303) 607-3500 Facsimile No. (303) 607-3600 ATTORNEYS FOR PETITIONER A COURT USE ONLY Case Number: 09 CV 771 Division: D DISTRICT COURT CIVIL (CV) CASE COVER SHEET FOR INITIAL PLEADING OF COMPLAINT, COUNTERCLAIM, CROSS -CLAIM OR THIRD PARTY COMPLAINT O Simplified Procedure under C.R.C.P. 16.1 applies to this case because this party does not seek a monetary judgment in excess of $100,000.00 against another party, including any attorney fees, penalties or punitive damages but excluding interest and costs and because this case is not a class action or forcible entry and detainer, Rule 106, Rule 120, or other expedited proceeding. O Simplified Procedure under C.R.C.P. 16.1, does not apply to this case because (check one box below identifying why 16.1 does not apply): O This is a class action or forcible entry and detainer. Rule 106, Rule 120, or other similar expedited proceeding, or ❑ This party is seeking a monetary judgment for more than $100,000.00 against another party, including any attorney fees, penalties or punitive damages, but excluding interest and costs (see C.R.C.P. 16.1(c)), or ❑ Another party has previously stated in its cover sheet that C.R.C.P. 16.1 does not apply to this case. This is an eminent domain proceeding brought pursuant to the procedures of C.R.S. § 38-1- 101 et seq. Eminent domain proceedings are expedited proceedings pursuant to C.R.S. § 38- 1-119. Respectfully submitted this 31 s` day of July, 2009. Attorneys or Petitioner Public Service Company of Colorado In accordance with C.R.C.P. 121 §1-26(9) a printed copy of this document with original signatures is being maintained by the filing party and will be made available for inspection by other parties or the court upon request. [b. us 4281157.01 DISTRICT COURT, WELD COUNTY, COLORADO Court Address: Weld County District Court 901 - 9th Avenue Greeley, Colorado 80631 Petitioner: PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation; V. Respondents: IVAR W. LARSON AND DONNA M. LARSON; ARTIE P. GREGG AND BEN H. GREGG; RESOURCE GATHERING SYSTEMS, INC., a California corporation; COUNTY OF WELD, a body corporate and politic of the State of Colorado; and JOHN R. LEFEBVRE, JR., acting in his official capacity as TREASURER OF WELD COUNTY. John R. Sperber, 422073 Brandee L. Caswell, #30706 FAEGRE Sc. BENSON LLP 1700 Lincoln Street, Suite 3200 Denver, Colorado 80203 Telephone No: (303) 607-3500 Facsimile No. (303) 607-3600 ATTORNEYS FOR PETITIONER A COURT USE ONLY Case Number: 09 CV 771 Division: D MOTION FOR IMMEDIATE POSSESSION Petitioner, Public Service Company of Colorado ("PSCo"), through its counsel, Faegre & Benson, LLP, requests that the Court hold a hearing on Immediate Possession and thereafter enter an Order of Immediate Possession for the property to be acquired by Petitioner that is described in the Petition in Condemnation ("the Property"). As grounds for this Motion for Immediate Possession, the Petitioner states as follows: 1. Pursuant to C.R.S. § 38-1-105(6)(a) and § 38-5-106, PSCo is entitled to obtain Immediate Possession of the Property identified in its Petition ("At any stage of such new proceedings ... the court, by rule in that behalf made, may authorize the petitioner... to take possession of and use, said premises during the pendency and until the final conclusion of such proceedings ... if such petitioner pays a sufficient sum into court, or to the clerk thereof, to pay the compensation in that behalf when ascertained"). 2. Pursuant to C.R.S. § 38-1-105(6)(c), PSCo may take possession of the Property 30 days after service of the Petition in Condemnation, or earlier upon consent of the Respondents. In the case before the Court, PSCo has alleged in its Petition for Condemnation it has a need for immediate possession of the Property, and the need is for a public use. PSCo intends to offer competent evidence at the hearing that an immediate and real need exists to acquire immediate possession of the Property so that there is not a needless disturbance of the Respondents' possessory rights. See Swift v. Smith, 201 P.2d 609, 614 (Colo. 1948). 3. PSCo has conducted good faith negotiations for acquisition of the Property, however, said good faith negotiations have failed and further negotiations would be futile. 4. PSCo requires immediate possession of the Property in order to allow the full and complete public use of the Property as set forth in the Petition in Condemnation. WHEREFORE, PSCo requests that this Court hold a hearing for immediate possession and further requests that the Court enter an Order for Immediate Possession in PSCo's favor for the immediate possession of the Property setting forth the amount of deposit necessary for possession together with such further relief as may be deemed appropriate by this Court. A proposed Order is attached for the convenience of the Court. DATED this 31 s' day of July, 2009. Attorneys for Petitioner Public Service Company of Colorado In accordance with C.R.C.P. 121 §1-26(9) a printed copy of this document with original signatures is being maintained by the filing party and will be made available for inspection by other parties or the court upon request. fb.us.4281 162.01 DISTRICT COURT, WELD COUNTY, COLORADO Court Address: Weld County District Court 901 - 9'1' Avenue Greeley, Colorado 80631 Petitioner: A COURT USE ONLY PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation; v. Case Number: 09 CV 771 Respondents: Division: D IVAR W. LARSON AND DONNA M. LARSON; ARTIE P. GREGG AND BEN H. GREGG; RESOURCE GATHERING SYSTEMS, INC., a California corporation; COUNTY OF WELD, a body corporate and politic of the State of Colorado; and JOHN R. LEFEBVRE, JR., acting in his official capacity as TREASURER OF WELD COUNTY. ORDER GRANTING IMMEDIATE POSSESSION THIS MATTER comes before the Court upon the Motion for Immediate Possession filed by Petitioner Public Service Company of Colorado (-PSCo"), and the Court being fully advised in the premises does hereby find: 1. That this Court has jurisdiction over the subject matter of this action, proper service having been made of the Petition in Condemnation and proof of service returned to this Court and filed within this case; 2. That there is an immediate need for PSCo to take possession of and use the property described in the Petition for the purposes set forth in the Petition ("the Property"); 3. That good faith negotiations were conducted for the acquisition of the Property and that further negotiations would have been futile; 4. That PSCo has the legal authority to condemn for the purposes sought herein and that acquisition of the Property is necessary for such purposes; 5. That the acquisition of the Property serves a public purpose; and 6. That the sum of $ immediate possession of the Property by PSCo. constitutes a sufficient deposit for the IT IS HEREBY ORDERED that PSCo shall deposit the sum of $ into the Registry of the Court and the Clerk of the Court Registry is directed to accept such amounts and place them in an interest -bearing account. IT IS FURTHER ORDERED that upon deposit of such finds, PSCo shall have the right to possession of the Property and PSCo and its contractors, agents, servants, and employees may enter into, take and retain possession of the Property for the purposes set forth in the Petition in Condemnation during the pendency of this proceeding, without interference from the Respondent, or any of them, or their successors, assigns, heirs, devisees, personal representatives, guests or invitees, or any other person or persons claiming by, through, or under said Respondents. DATED this day of 2009. Ib. us 428I 146.01 BY THE COURT: District Court Judge DISTRICT COURT, WELD COUNTY, COLORADO Court Address: Weld County District Court 901 - 9th Avenue Greeley, Colorado 80631 A COURT USE ONLY Petitioner: PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation; v• Respondents: Case Number: 09 CV 771 Division: D IVAR W. LARSON AND DONNA M. LARSON; ARTIE P. GREGG AND BEN H. GREGG; RESOURCE GATHERING SYSTEMS, INC., a California corporation; COUNTY OF WELD, a body corporate and politic of the State of Colorado; and JOHN R. LEFEBVRE, JR., acting in his official capacity as TREASURER OF WELD COUNTY. John R. Sperber, #22073 Brandee L. Caswell, #30706 FAEGRE & BENSON LLP 1700 Lincoln Street, Suite 3200 Denver, Colorado 80203 Telephone No: (303) 607-3500 Facsimile No. (303) 607-3600 ATTORNEYS FOR PETITIONER NOTICE OF LIS PENDENS PLEASE TAKE NOTICE that Petitioner has commenced the above -referenced action in the District Court of Weld County, State of Colorado, against the named Respondents. The action is a condemnation proceeding which affects real property in which the Respondents may have an interest in the County of Adams, State of Colorado, said lands and appurtenances affected thereby being more particularly described in Exhibits 1 and 2 which are attached hereto and made a part hereof . DATED this 31st day of July, 2009. orneys for Petitioner Public Service Company of Colorado In accordance with C.R.C.P. 121 §1-26(9) a printed copy of this document with original signatures is being maintained by the filing party and will be made available for inspection by other parties or the court upon request. DIVISION LOCATION ROW AGENT Michael Morgan DESCRIPTION AUTHOR Doyle E. Abrahamson, Merrick & Company DOC. NO. PLAT/GRID NO. WO/JO/GREG NO. PUBLIC SERVICE COMPANY OF COLORADO EASEMENT For and in consideration of $10.00 (Ten and 00/100 Dollars) and other good and valuable consideration in hand paid, the receipt of which is hereby acknowledged, the undersigned Grantor(s) hereby grant(s) and convey(s) to Public Service Company of Colorado, a Colorado corporation, Grantee, an easement fifty (50) feet in width, to install, construct, maintain, alter, repair, replace, reconstruct, operate, and remove pipelines and related appurtenances, fixtures, or devices for the transportation of gas or oil, and associated communication facilities, on, under, over, or through the following described lands in a parcel of land located in Section 6, Township 4 North, Range 67 West of the 5th Principal Meridian, County of Weld. State of Colorado, the easement is described as in Exhibit "A," attached hereto and made a part hereof: The above sum is acknowledged by the undersigned as full consideration for the easement and also for damages to both land and growing crops occasioned by the initial installation of facilities. The Grantor(s) reserve(s) the right to cultivate, use and occupy said premises for any purpose consistent with the rights and privileges herein granted and which will not interfere with or endanger any of the facilities therein or use thereof. Such reservation by the Grantor(s) shall in no event include the right to construct any buildings or structures, to impound any water, or to plant any trees or shrubs upon the easement. The Grantee, at all times, shall have the right of access along and upon the easement for the purpose hereof, which include surveying, inspection and testing. Grantee shall pay Grantor(s) for actual damages to land and growing crops occasioned by any future installations, construction, maintenance, alteration, repairing, replacing, reconstruction, and removal of facilities on the easement. To have and to hold the said easement unto the said Grantee, its successors and assigns, so long as the same shall be used or useful for the purposes of the Grantee. Executed by Grantor(s) this day of 2009. GRANTOR: IVAR W. AND DONNA M. LARSON lvar W. Larson STATE OF COLORADO COUNTY OF ) ss. Donna M. Larson The foregoing instrument was acknowledged before me this _day of _ 20_ by: Ivar W. and Donna M. Larson, Grantor. Witness my hand and official seal. My commission expires: Notary Public Version: 2/01 P.\PSCO1C33#11\PHASE I FILES\LARSON - IVAR AND DONNA\ Permanent Easement form NEW 7-7-09.doc mo pep MERRICK° DOD OUILOINO QUALITY SOLUTIONS Merrick 8 Company 2450 S. Peoria St. /Aurora, CO 80014 303/751-0741 1 Fax 303/751-2581 Job No.: 02014910-86 File: ..\090628_30-31-Larson-P-R2.doc Date: June 9, 2009 Rev: June 15, 2009 Rev: June 28, 2009 EXHIBIT A PERMANENT EASEMENT PROPERTY DESCRIPTION Ivar W. Larson and Donna M. Larson That part of Lot B, Recorded Exemption No. 1059 -06 -2 -RE -2515 recorded at Reception No. 2746724 and Lot B, Recorded Exemption No_ 1059 -06 -2 -RE -2516 recorded at Reception No. 2746722, all in the Weld County Clerk and Recorder's Office, being within the Northeast Quarter of Section 6, Township 4 North, Range 67 West of the 6th Principal Meridian, County of Weld, State of Colorado lying within 25.00 feet of the following described centerline: COMMENCING at the East Quarter corner of said Section 6, whence the Northeast corner of said Section 6 bears N01 °09'03"W a distance of 2533.05; THENCE N01°0903"W along the easterly line of said Northeast Quarter of Section 6 a distance of 1365.36 feet to the POINT OF BEGINNING; THENCE the following four (4) courses along said centerline: 1) N89°19'24"W a distance of 55.03 feet; 2) THENCE 501°09103"E along a line 55.00 feet westerly of and parallel with said easterly line of the Northeast Quarter of section 6 a distance of 1338.12 feet; 3) THENCE N87°03'41 "W along a line 25.00 feet northerly of and parallel with the southerly line of said Northeast Quarter of Section 6 a distance of 2656.51 feet; 4) THENCE S03°02'30"E a distance of 25.14 feet to a point on the southerly line of said Northeast Quarter of Section 6, said point being the POINT OF TERMINATION. Sidelines are shortened or lengthened to intersect the easterly line of said Lot B, Recorded Exemption No. 1059 -06 -2 -RE -2515. Containing 4.657 Acres, more or less. Doy, Da Job N For an Merrick loft An Employee -Owned Company EXHIBIT A PERMANENT EASEMENT Ivar W. and Donna M. Larson T5N N Y44 COR. SEC. B -j II T4N, R67W, 6TH P.M. I II II 50' ROW ESMT. WESTERN SLOPE GAS CO. I — ' I I NEC. NO. 01944020 II I 50' ROW ESMT -1 I — SING IR PIPE LINE CO. I �K 1654, PG 600 11 NO AMENS s5 SEE DETAIL A_ POINT OF TERMINATION II Ot B RECORDS) [EXEMPTION NO. 1059 -00 -2 -RE -2516 REC. NO.12746722 SG' ROw ESMT. SINCLAIR PIPE TINE CO. It bK 1654. PG 600 II it II I11'I g OF LIS PENDENS--{I '~ 6NT TO ROW ESMT It LAIR PIPE _INE CO- I REC. NO. 3470941 II I, I I li C//4 COR. SEC. 6 1'4N, R67W. 6TH P.M. FND 1 1/4" DIA. PIPE W/ 2' ALUM. CAP STAMPED 2000 LS 30462 PROD. 0.25' ABOVE SURFACE / / c 1/4 COR sEC. 6 R67W, 6TH P.M. FND. 1 1/4' DM. PIPE W/ 2 - ALUM, CAP 5TMIPEO 2000 LS 30462 PROJ. 0.25' ABOVE SURFACE POINT OF-' \ TERMINATION \ NOTE This exhibit does not represent a monumented survey. It is intended only to depict the attached description, L4 / / DETAIL A (1"=lOD') i iy £'A\St11C }4"109° F5C T4N NW COR. SEC. 5 T4N, R67W, 6TH P.M. FND. ({6 REBAR W/ CAP BROKEN OFF 60' ROW 30' POINT OF BEGINNING SEE DETAIL B /// LOT B/// RECORDED EXEMPTION 55 NO. 1059 -0R,2 —RE -2515 REC. (40/2746724 \ /42 L2 \ NOTICE OF LIS PENDENS 30 PERM. EXCLUSIVE OTIE. ESMT./50' TEMP. ESMT. oC0. REC. NO. 3545199 L1 GRANT OF PERM. ESMT. L3 - TO WELD COUNTY \/ ry REC. NO. 3036358 587'03'41E 27 8.70 WAR W. LARSON & DONNA M. LARSON PERMANENT EASEMENT 4.657 ACRES± LINE BEARING DISTANCE L1 N89'19'24'W 55.03' L2 S0l'09'03'E 1338.12' L3 N87'03'41 "W 2656.51' L4 S03'02'30"E 25.14' 0 125 250 500 10O0 1 inch = 500 R. POINT OF CONMENcaeR W 1/4 COR. SEC 5 TAN, R67W, 6TH P.M. FND. #5 REBAR W/ 3 1/4" ALUM. CAP LOOSELY ATTACHED STAMPED 2003 LS 23520 GE BOX. 0.5' BELOW SURFACE 2 —m O z 1d ea 4O rn — 3 \ 0'N ' — ' n I_ _ n U, sill 511 L _ DE TAI B (1"=100' L1 0 n co co z POINT OF BEGINNING / / Prepared by Merrick & Company 02074010-14 Enagy\96 - M;n,knc Gc5 bnn Smrepny\PARa'S\-V90728_30-31- La0on- Rlmry IVAR W. LARSON & DONNA M. LARSON PERMANENT EASEMENT SECBON 6 ,TOWNSHIP 4 N 6Th PRINCIPAL MERIDIAN, DOCUMENT No. O PUBLIC SERVICE COMPANY OF COLORADO G° RANGE 67 ETD COUNTY, Colorado AGENT SCALE: 1-500 DRAWN BY: GOP DATE: 7/28/200 MILLIKEN HP GAS LINE PUBLIC SERVICE COMPANY OF COLORADO TEMPORARY EASEMENT For and in consideration of $10.00 (Ten and 00/100 Dollars) and other good and valuable consideration in hand paid, the receipt of which is hereby acknowledged, the undersigned Grantor(s) hereby grant(s) and convey(s) to Public Service Company of Colorado, a Colorado Corporation. Grantee, a temporary construction, access and staging easement for the purpose of ingress and egress, material storage and construction staging on, over, under, and across the following described premises located in the County of Weld, State of Colorado, to wit: A parcel of land located in Section 6, Township 4 North, Range 67 West of the 6th Principal Meridian, County of Weld, State of Colorado, the easement is described as in Exhibit "A," attached hereto and made a part hereof: This temporary construction easement shall not be recorded. Together with full right and authority to Grantee, its successors, licensees, lessees, contractors, or permitted assigns, and its and their agents and employees, to enter at all times upon said premises to survey, construct, repair, reconstruct, patrol, inspect, improve, and maintain said access, together with culverts or other appurtenances used or useful in connection therewith over said premises. This grant is subject to the following conditions: 1. Grantee acknowledges and agrees that the easement herein granted is a temporary easement and shall automatically terminate upon Grantee completing the Milliken to Berthoud 16" Natural Gas Pipeline Reinforcement Project, or 1 year, which ever comes first. 2. Grantee shall restore all areas disturbed by its use of the easement area as near as practicable to its condition prior to Grantee's use thereof. 3. The provisions of this non-exclusive temporary construction easement shall be binding upon and inure to the benefit of the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. Executed by Grantor(s) this day of 2009. GRANTOR: IVAR W. AND DONNA M. LARSON Ivar W. Larson STATE OF COLORADO COUNTY OF ) ss. ) Donna M. Larson The foregoing instrument was acknowledged before me this day of 20 by: Ivar W. and Donna M. Larson, Grantor. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT 1 P:',PSCO\Ci II\PHASE I FILES\ LARSON - WAR AND DONNA\Temp Easement NEW 7-7-09.doc pp MERRICK® ODDvuR➢?Na QUALITY BOLUTIONB Merrick & Company 2450 S. Peoria St. / Aurora, CO 80014 303/751-0741 / Fax 303/751-2581 Job No.: 02014910-86 File: ..\090628_30-31-Larson-T-R2.doc Date: June 9, 2009 Rev: June 15, 2009 Rev: June 28, 2009 EXHIBIT A TEMPORARY EASEMENT PROPERTY DESCRIPTION Ivan W. Larson and Donna M. T arson That part of Lot B, Recorded Exemption No. 1059-06-2-RE_2515 recorded at Reception No. 2746724 and Lot B, Recorded Exemption No. 1059 -06 -2 -RE -2516 recorded at Reception No. 2746722, all in the Weld County Clerk and Recorder's Office, being within the Northeast Quarter of Section 6, Township 4 North, Range 67 West of the 6`'' Principal Meridian, County of Weld, State of Colorado lying within 50.00 feet to the right of the following described centerline: COMMENCING at the East Quarter corner of said Section 6, whence the Northeast corner of said Section 6 bears N01 °09'03"W a distance of 2533.05; THENCE N01°09'03 "W along the easterly line of said Northeast Quarter of Section 6 a distance of 1365.36 feet to the POINT OF BEGINNING; THENCE the following four (4) courses along said centerline: 1) N89°19'24"W a distance of 55.03 feet to Point A; 2) THENCE S01°09'03"E along a line 55.00 feet westerly of and parallel with said easterly line of the Northeast Quarter of section 6 a distance of 1338.12 feet; 3) THENCE N87°03'41 "W along a line 25.00 feet northerly of and parallel with the southerly line of said Northeast Quarter of Section 6 a distance of 2656.51 feet; 1 of 2 An Employee -Owned Company DOD DOD IVIERRIOK® U❑U HLIIL°INO OLIALITV OOLLITIONB Merrick & Company 2450 S. Peoria St. / Aurora, CO 80014 303/751-0741 / Fax 303/751-2581 4) THENCE 503°02'30"E a distance of 25.14 feet to a point on the southerly line of said Northeast Quarter of Section 6, said point being the POINT OF TERMINATION. Sidelines are shortened or lengthened to intersect the easterly line of said Lot B, Recorded Exemption No. 1059 -06 -2 -RE -2515. Excepting that portion lying within 25.00 feet of the above described centerline. Also that part of said Lot B, Recorded Exemption No. 1059 -06 -2 -RE -2515 lying within 37.50 feet of the following described centerline: BEGINNING at said Point A; THENCE N89°19'24"W a distance of 350.03 feet to the POINT OF TERMINATION. Except the East 105.00 feet of said Lot B, Recorded Exemption No. 1059 -06 -2 -RE -2515. The above -described parcels containing a total of 2.845 Acres, more or less. 2 of 2 An Employee -Owned Company EXHIBIT A TEMPORARY EASEMEPT Ivar W. and Donna M. Larson N Y. COR. SEC. d —{ 1 T4N, R67W, 6TH I(LM. II II ').j II i �C _44-50' ROW ESMT. WESTERN SLOPE GAS CO I I REC. NO. 01944020 b I 50' ROW ESMT.--[ k — SIN LAIR PIPE LINE CO. I I I 1654, PC 60D NO AMEN SI SEE DETAIL A POINT OF TERMINATION I/;--ETEE Imo— S SING N0 II RECORD 0IIXEMPTION NO. 1059— 2 —RE -2516 REC. ND. 2746722 50' ROW SINCLAIR PIPE I LINE CO. rtK 1654. PC 600 IIII II II, OF LIS PENDENS-+II 9NT TO ROW ESMT. IIII C�CI(AIR PIPE _INE CO. I I REC. NO. 3470941 II', _ III PO9CL6 -/=58_._—_ g6 3410' 4 U REC. C 4/4 COR. SEC. 6 14N, R67W, 6TH P.M. END. 1 1/4' DIA. PIPE W/ 2" ALUM, CAP STAMPED 2000 LS 30462 PROD. 0.25' ABOVE SURFACE J / / / C 1/4 009, SEC. 6 14N, R67W, 6TH P.M. MD. 1 1/4' DIA. RIPE WI 2' ALUM. CAP STAMPED 2000 LS 30462 PROJ. 0.25• ABOVE SURFACE \ POINT OF TERMINATION // NOTE This exhibit does not represent a monumented survey. It is intended only to depict the attached description. Ia DETAIL A (1"=_100') • 387'03'41"E 27 NAR W. LARSON & DONNA M. LARSON TEMPORARY EASEMENT 2.845 ACRESt LINE BEARING N89' 19'24"W S01'09'03"E N87'03'41 "W 803'02'30"E N89' 19'24'W T5N T4N NW COR. SEC. 5 T4N, R67W, 6TH P.M END. #6 REBAR W/ CAP BROKEN OFF 60' ROW 30' POINT OF BEGINNING POINT A-\ SEE DETAIL B<<I POINT OF - TERMINATION // LOT RECORDED EXEMPTION 55' NO. 1059 -064,2 -RE -2515 REC. 4'2746724 L1 //, 105.00' L2 NOTICE OF LIS PENDENS �G 30' PERM. EXCLUSIVE UTIL. ESMT./50' TEMP. ESMT. 19E- ft REC. NO 3545199 GRANT OF PERM ESMT. L3 m N TO WELD COUNTY REC NO 3036358 8.70 I I POINT OF C0MMENCEMENTil• W 1/4 COR. SEC 5 T4N, R67W, 6TH P.M. END, #5 REBAR W/ 3 1/4" ALUM. CAP LOOSELY ATTACHED STAMPED 2003 LS 23520 IN RANGE BOX. 0.5' BELOW SURFACE 1�1I ii I DISTANCE LI L2 L3 L4 L5 55.03' 1338.12' 2656.51' 25.14' 350.03' 0 125 250 500 30' /1 - 105.00' rl I1 I g I Lt \C Eil POINTA \ t z DETAT B (1"=100' 0 1000 1 inch = 500 n. n Ni M 0n 0 P 0 o Co n CO AED I M3 P POINT OF BEGINNING / / Prepared by Merrick & Company 014910- xan _Energy \e6 - udiaen C. Lane sw vem9\PARCELS\-\090720_10-3,-Loson-F3.o"q IVAR W. LARSON & DONNA M. LARSON TEMPORARY EASEMENT SECTION 6 ,TOWNSHIP 4 N ,RANGE 67 6th PRINCIPAL MERIDIAN, WELD COUNTY, Colorado DOCU ENT NO AGENT: PUBLIC SERVICE COMPANY OF COLORADO s" SCALE I' DO DRAWN NY: GOP DATE: 7/26/2009 MILLIKEN HP GAS LINE DISTRICT COURT, WELD COUNTY, COLORADO Court Address: Weld County District Court 901 - 9th Avenue Greeley, Colorado 80631 Petitioner: PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation; Respondents: IVAR W. LARSON AND DONNA M. LARSON; ARTIE P. GREGG AND BEN H. GREGG; RESOURCE GATHERING SYSTEMS, INC., a California corporation; COUNTY OF WELD, a body corporate and politic of the State of Colorado; and JOHN R. LEFEBVRE, JR., acting in his official capacity as TREASURER OF WELD COUNTY. John R. Sperber, #22073 Brandee L. Caswell, #30706 FAEGRE & BENSON LLP 1700 Lincoln Street, Suite 3200 Denver, Colorado 80203 Telephone No: (303) 607-3500 Facsimile No. (303) 607-3600 ATTORNEYS FOR PETITIONER A COURT USE ONLY Case Number: 09 CV 771 Division: D NOTICE TO SET IMMEDIATE POSSESSION HEARING PLEASE TAKE NOTICE that on August 6, 2009 at 8:30 a.m., or as soon thereafter as possible. counsel for Petitioner, Public Service Company of Colorado ("PSCo), will contact the Court to set this matter for an immediate possession hearing. Should you wish to participate in the setting, you may contact the undersigned to arrange for a conference call. Otherwise, undersigned will contact you with available dates and then submit a Notice of Setting once an immediate possession hearing date has been established. DATED this 3151 day of July, 2009. orneys for Petitioner Public Service Company of Colorado In accordance with C.R.C.P. 121 §1-26(9) a printed copy of this document with original signatures is being maintained by the filing party and will be made available for inspection by other parties or the court upon request. fbus 4281155.01 Hello