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Home My WebLink About20100419.tiff • • C.D. No. 2007-067 RESOLUTION A RESOLUTION APPROVING A REVOCABLE LICENSE BETWEEN THE CITY OF THORNTON AND PUBLIC SERVICE COMPANY OF COLORADO FOR THE USE OF AN EMERGENCY ACCESS ROAD TO AN ELECTRIC SUBSTATION NORTHEAST OF AULT. WHEREAS, Public Service Company of Colorado ("PSCo" or "Licensee") is in the process of upgrading its substation located northeast of Ault; and WHEREAS, as part of the development process, Weld County is requiring a secondary emergency access to the substation; and WHEREAS, the identified location for the secondary emergency access requires access across land owned by the City of Thornton; and WHEREAS, Section 15.4 of the City Charter provides that City Council may grant a revocable pen-nit (license) for such use or occupation of City property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS: 1. That the Revocable License with PSCo, attached hereto and incorporated herein by reference as Exhibit 1 is hereby approved. 2. That the City Manager is hereby authorized to sign and that the City Clerk to attest said Revocable License. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Thornton, Colorado, on April 24, 2007 CITY OF THORNTON, COLORADO M n Wisniewski, Mayor pro tem ATTEST: �( a 2�`--J'ef Nancy�A. Vin nt, City Clerk 2010-0419 p2 aas5 C.D. No. 2007-067 Exhibit 1 REVOCABLE LICENSE • This Revocable License "License" is entered into by and between the City of Thornton, a Colorado municipal corporation, located at 9500 Civic Center Drive, Thornton, Colorado, 80229 ("Licensor"), owner of certain real property in Adams County, Colorado, the subject portion of which is described in Exhibit "A" attached hereto ("C.O.T. Parcel" or "Property"), and Public Service Company of Colorado, a Colorado corporation, located at 550 15th Street, Suite 700, Denver, Colorado 80202-4256 ("PSCo" or "Licensee"). Licensor does hereby grant permission to Licensee, its employees and authorized agents, contractors and affiliates, to enter the Property for the purpose of securing an alternate emergency access to the Ault Substation subject to the following conditions and limitations: 1. PSCo shall maintain the Property, including, but not limited to, trash removal, erosion control, weed control, grading, leveling and other customary maintenance of the Property. 2. PSCo shall not construct, erect, maintain or permit any structure, installation, facility, or obstruction of any kind on, below, or above the surface of the ground of the Property, without the prior written approval of Thornton, which approval may be withheld for any reason. 3. PSCo shall avoid any damage or interference with any farming operations, crops, installations, structures, utilities, or improvements on or under the Property or any adjacent property. 4. PSCo shall be responsible for any damage suffered by Thornton or others as a result of PSCo's exercise of the rights herein granted. 5. PSCo shall indemnify and hold harmless Thornton, its officers, employees, and agents from and against any loss, expense (including court costs and reasonable attorney fees) or damages whatsoever asserted against Thornton, its officers, employees, or agents by reason of any act or failure to act by the PSCo with respect to the Property or this License. 6. PSCo shall not permit or cause any claim to be put upon, arise, or accrue against any part of the Property in favor of any parties furnishing labor or material to PSCo or in favor of any other persons. PSCo shall hold Thornton and the Property free from and against any and all claims resulting from PSCo's use and occupancy of the Property, and cause the same to released. C.D. No. 2007-067 7. PSCo covenants and agrees that PSCo does not and shall not claim at any time any interest or estate of any kind or nature whatsoever in the Property by virtue of this License or PSCo's occupancy or use thereunder. 8. This License shall terminate on the sooner to occur of: a. Violation of the License by PSCo, or b. Revocation, with or without cause, of this License at the pleasure of Thornton, upon prior written notice of revocation to PSCo. 9. Waiver by Thornton of any breach of any term or provision of this License shall not be deemed a waiver of any subsequent breach of the same or any other term or provision hereof 10. Thornton shall have no responsibility, liability or obligation with respect to any personal property located on, at or in Property, it being acknowledged and understood by PSCo that the safety and security of any such property is the sole responsibility and risk of PSCo. 11. PSCo acknowledges and agrees that Thornton makes no representations or warranties to PSCo regarding the Property or its suitability for PSCo's purposes. 12. PSCo agrees not to use nor permit use of the Property for the storage of hazardous or dangerous materials or contaminants. PSCo shall not use or permit to use of the Property for any purpose prohibited by law nor in any matter which would constitute a nuisance or be hazardous to persons or property. 13. Thornton, its officers, agents, and employees, shall have the right to enter the Property at any time for any purpose. 14. All notices given, or required to be given pursuant to this License shall be forwarded by certified mail, return receipt requested, to the addresses noted herein. Either party may modify or change the addresses noted herein by notice to the other party. 15. It is agreed by and between Thornton and PSCo that the privileges granted pursuant to this License are personal to PSCo and the privileges appurtenant there to shall not inure to the successors and/or assigns of PSCo without written consent of Thornton. 16. This License is an integration and expresses the entire agreement between the Parties, and the Parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either Party, or its agents or employees, hereto. C.D. No. 2007-067 17. This License shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions herein shall be brought in the County of Weld, State of Colorado. 18. Whenever used herein, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 19. Nothing contained herein shall give rise to any rights or allow any claim by any third party. It is the express intention of the Parties that any third party receiving benefits from this License shall be deemed an incidental beneficiary only. 20. This License shall inure to the benefit of, and be binding upon, the Parties, their respective legal representatives, successors and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this License without the prior written consent of the Parties. • 21. The Parties hereto understand and agree that the Parties, their officers and employees, are relying on, and do not waive or intend to waive, by any provision of this License, any rights, protections, or privileges provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as it is from time to time amended, or otherwise available to the Parties, their officers, or employees. 22. Licensee, its agents, contractors and affiliates, shall procure and maintain in force, at its own cost, during the term of this License, the following insurance coverages naming Licensor as an additional insured: a. Workers' Compensation Insurance as required by the Labor Code of the State of Colorado and Employer's Liability Insurance. b. Commercial General Liability Insurance with minimum combined single limits of$1,000,000 each occurrence and $1,000,000 general aggregate. c. Additional pollution or environmental impairment liability coverage in an amount of not less than $1,000,000 or waiver of the standard pollution exclusion clause in the Commercial General Liability policy described in subparagraph (b) hereof. This Revocable License is entered into this 1/49 day of /71.4.4, 200 7 . / C.D. No. 2007-067 LICENSOR: CITY OF THO_ ON, a Colorado Muni ' al or ation Ay: thre ,City Manag ATTEST: anc A. Vi nt, City Clerk APPROVED AS TO FORM: Margar Emerich, City Attorney C.D. No. 2007-067 LICENSEE: Public Service Company of Colorado, a Colorado-cir oration By: di ,, I L/ 1' Pete est Managing Dir for Local Affairs, Xcel Energy Services, Inc. Agent for Public Service Company Colorado STATE OF COLORADO ) ss. COUNTY OF DENVER The foregoing instrument was acknowledged before me this day of t „� �, , 2007 by Pete West, Managing Director, Local Affairs, Xcel Energy Services, Inc., Agent for Public Service Company of Colorado Witness my hand and official seal. My commission Expires: z_ )5? /kr, 2. Notary Public v SEAL ®AC \sue �a C7 `� C.D. NO. 2007 - 0 6 7 Exhibit A Sellards & Grigg, Inc. �y AaSFRCompany SEH Sheet 1 of 2 C.O.T, PARCEL A 20' wide strip of land being a portion of the west one-half (W 1/2) of the southeast one-quarter (SE 1/4) of Section 1, Township 7 North, Range 66 West, of the 6th Principal Meridian, County of Weld, State of Colorado, described as follows: The north 110 feet of the south 140 feet of the east 20 feet of said west one-half(W 1/2). Containing 2,200 square feet (0.051 acres), more or less. An illustration for this description is attached hereto and made.a part hereof. The author of this description is Norman L.Simonson,PLS 28288,prepared on behalf of Sellards&Grigg, Inc., an SEH Company, 390 Union Boulevard,Suite 630, Lakewood.CO 80228, on February 27, 2007, under S&G No. 2006101-51 for Public Service Company of Colorado and is not to be construed as representing a monumented land survey. µ11N11111A1/y/ ite .13,444 /..,....v., p: 28288 Iss,��9yy'Ht .L ~ Norman L.Slyd{1i?1ttn, PLS 28288 P:\survey land projects r2\(2006101-51)Ault Substation PSCo\Uasthc O T Parcel.doc 390 Unica Boulevard, 303 996 1444 Suite 630 FAX 303.986.0994 Lakewood,Colorado 80228 www.sehInc.can • • C.D. NO. 2007 - 067 - ILLUSTRATION FOR C.O.T. PARCEL - SHEET2OF2 Y U Li uxY g E 1/2,SE 1/4,SEC 1, w 17N, R66W w W 1/2, SE 1/4,SEC 1, N I T7N, R66W ,.l ui z J 1m w C.O.T. PARCEL ) 2200 S.F. (0.051 AC.)M/L , r NE20' .' � . PROPOSED GATE m FEtPOE OW) k--EAIBPNO wEOAAIYME r THE'MEO.i osam M*Ci .SIINY EEC YYOIE______PEI.IIBO Jf1EY:Y O ..'..V $ 1 BOBSTAroltON 1 BLDG 6—_— � GRAVEL OVERHEAD ELECTRIC + t 5 ( GATEu a R A jS LINE,W1/2,SE 1/4, SEC 1 u#' wa D COWRY ROAD IN (GRAVEL) 3 _ E OW POLE 3 Y L _ I R F Sellards Sc Grigg, Inc. 4 cusENmg IDE�.n/tat tnngnP J 0 40 60 an SEW c r SEHRem I� I B�srma Mai BatFAX man, An oEB�444 scale I"=40' feet 3 Wm.:A e tb BOTA ...wahine-an Page 1 of 1 • • Hannah Hippely From: diversifiedls@comcast.net Sent: Wednesday, March 21, 2007 4:05 PM To: Hannah Hippely Cc: Michael E Diehl Subject: Ault Substation bk\ Hanna,per our telephone conversation moments ago, here is status report addressing completion of , requirements for USR 1592. Public Service Company closed on the property March 1, 2007. Chris Gathman has requested preparation and recording of conveyance deed from Home Light and Power Company to PSCo for the existing site. Since there is no longer a HL&PCo, the deed needs well crafted grantor language that means something to title companies. The issue is, of course, HL&PCo is PSCo, but were not sure at this point if it was a purchase or merger. The USR plat is near completion, waiting only for the final dimensioning of the buildings from the property lines. Development standards have been amended as requested. Both the SE 1105 and the USR plats reflect Weld County rights to the southerly 30 feet for road purposes. With respect to documents creating the roadway, we are relying on the late 1800s resolution reserving 30 feet adjacent to all section lines in Weld County. If needed, PSCo would convey a quit claim for their portion of the south 30 feet. We would not want to warrant the conveyance, because we don't believe we own the property now. Subdivision Exemption 1105 (two copies) was submitted to Chris Gathman for review prior to preparation of the Mylar. No response as of this date. Both primary and secondary access points will be improved prior to final submittal or will provide and Improvements Agreement as required. The only known remaining issue is the secondary access agreement. As you know the property is owned by the City of Thornton and was purchased for water rights. The subject road has historic use dating back over 50 years and Thornton has no issues or objections. Thornton, not unlike Weld County and other municipalities;prefers to grant a revocable permit over a permanent easement. Public Service Company has no problem with a permit since the gate is for convenience and could be eliminated at a later date. If you would, please review the above for anything I may have overlooked and also advise as to the City of Thornton permit verses a permanent easement. Thanks, Jim McClung 303/975-2866 03/22/2007 • • 51D ( 'it -? Weld County Referral ' C. Weld County Planning Department November 28, 2006 GREELEY OFFICE FEB 2 F 2007 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Public Service Company Case Number USR-1592 Please Reply By December 26, 2006 Planner Hannah Hippely Project A Site Specific Development Plan and a Use by Special Review for a Major Facility of a Public Utility (Electric Substation) in the A(Agricultural)Zone District. Legal Pt of the E2SE4 of Section 1, T7N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 84; 1/4 mile west of CR 37. Parcel Number 0707 01 000018, 0707 01 0400002 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) February 16, 2007 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature U Date 6 Agency Uj G. S c •Weld County Planning Dept. t918 10'"Street, Greeley, CO.80631 •:•(970)353-6100 ext.3540 4•(970)304-6498 fax • 6 Weld County Referral Weld County Planning Department November 28, 2006 ' GREELEY OFFICE e FEB 0 8 2007 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Public Service Company Case Number USR-1592 Please Reply By December 26, 2006 Planner Hannah Hippely Project A Site Specific Development Plan and a Use by Special Review for a Major Facility of a Public Utility (Electric Substation) in the A (Agricultural)Zone District. Legal Pt of the E2SE4 of Section 1, T7N, R66W of the 6th P.M., Weld County, Colorado. 1 Location North of and adjacent to CR 84; 1/4 mile west of CR 37. Parcel Number 0707 01 000018 0707 01 0400002 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) February 16, 2007 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan �3l We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature = 111 Date /1Ui�O Co' Agency o. h, si'o LL. I 1� •:weld County Planning Dept. 4918 10th Street, Greeley, CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax RESOLU101, OF THE WELD COUNTY PLANNING COMISSION Moved by Paul Branham that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1592 APPLICANT: Public Service Company of Colorado PLANNER: Hannah Hippely LEGAL DESCRIPTION: Pt of the E2SE4 of Section 1, T7N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and a Use by Special Review for a Major Facility of a Public Utility (Electric Substation) in the A (Agricultural) Zone District. LOCATION: North of and adjacent to CR 84; 1/4 mile west of CR 37. be recommended favorably to the Board of County Commissioners for the following reasons: 1.The submitted materials are in compliance with the application requirements of Section 23-2-370 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-400.A.--Reasonable efforts have been made to avoid irrigated crop land or to minimize the impacts on such lands in those cases where avoidance is impractical. This application is proposing to enlarge an existing facility located on non irrigated property. The substation is currently located in an area designated as"Irrigated Land Not Prime"according to the 1979 Important Farmlands of Weld County Map;less than one acre will be occupied by this facility. B. Section 23-2-400.B. -- The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable Master Plans. The site is located within the three mile referral area for the towns of Ault and Pierce. The Town of Ault does not have a conflict with the proposal, as stated in their referral dated December 5, 2006. The property is located outside of the Ault IGA boundary. The Town of Pierce did not return a referral stating their interests. C. Section 23-2-400.C.--The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible. Conditions of Approval and Development Standards will ensure that impacts from the facility are minimized. D. Section 23-2-400.D. -- The site shall be maintained in such a manner so as to control soil erosion, dust, and the growth of noxious weeds. The Conditions of Approval and Development Standards will ensure that there is no fugitive dust or erosion and will ensure the control of noxious weeds. E. Section 23-2-400.E. -- The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. The first Condition of Approval is that the applicant agrees to this stipulation. F. Section 23-2-400.F. — The proposed facility will be supplied by an adequate water supply which has been evaluated with reference to the impacts of the USE of such supply on agricultural USES. All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural USES and lands. The expansion of the existing substation will add 0.359 acre,currently used for agricultural storage, of land to the existing facility;this expansion will have a minimal impact on agricultural uses and lands. The proposed facility Resolution USR-1592 • • Public Service Company Page 2 will continue to function as it has historically; it is an unmanned site and does not currently have water service needs. During construction, as required by the Development Standards, bottled water will be provided for drinking and hand washing purposes,toilet facilities will also be provided. G. Section 23-2-400.G. -- All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. The facility currently on the premises has been operating since the 1950s. The purpose of this proposal is to update the equipment and bring it into conformance with the National Electric Safety Code(N ESC). The alternative in this case would be to leave the current facility as is, per the application materials this is not a practicable option. H. Section 23-2-400.H.-- It has been determined that the nature and location or expansion of a proposed POWER PLANT facility will not create an expansion of the demand for government services beyond the reasonable capacity of an impacted community or the COUNTY to provide such services. Where it is indicated that such an expansion of the demand for services will occur beyond the reasonable capacity to provide such services, the applicant must clearly show how such impacts will be mitigated prior to approval of the proposal by the COUNTY. The expansion of this use will not create any additional demand for government services. Security of the site will be maintained by a locked seven (7) foot tall security fencing topped with barbed wire. Public Service Company of Colorado's emergency response operations center will provide fire protection services. The Weld County Sheriff's Department did not return a referral stating their interests. I. Section 23-2-400.1.-- It has been determined that the nature and location or expansion of the facility will meet Colorado Department of Health and County air quality standards. The Conditions of Approval and Development Standards will ensure that the nature and location of the facility will meet Colorado Department of Health and Weld County air quality standards. J. Section 23-2-400.J. --Adequate electric, gas, telephone, water, sewage and other utilities exist or can be developed to service the site. The applicant has stated that there will be two sheds which will house control equipment. If necessary electricity may be supplied by the existing infrastructure. As the site will be unmanned, other services and utilities will not be needed. K. Section 23-2-400.K. -- The nature and location or expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological sites within the affected area. The Colorado Division of Wildlife did not return a referral indicating a conflict with their interests. There are no historic landmarks or archeological sites which would be affected by the proposal as detailed in the letter from the Colorado Historical Society dated April 27, 2006 which was provided with the application materials. L. Section 23-2-400.L. — The applicant's engineer has certified that the drainage plans developed for and to be implemented on the site will prevent surface drainage from leaving the site which would exceed historic runoff flows. The Weld County Department of Public Works indicated in their referral dated December12,2006 found the proposed drainage plan acceptable. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: Resolution USR-1592 • • Public Service Company Page 3 1. The applicant agrees to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be /// protected and to mitigate or minimize any potential adverse impacts from the proposed facility. .;-/ 0.1 t The applicant shall improve the secondary access road between County Road 84 and the western �' c gate to the property. The road shall be constructed to meet the requirements of the Department of Gf�,_ Public Works as stated in their referral dated January 24, 2007. 3. Prior to recording the plat: C A. Home Light and Power/Public Service Company of Colorado shall record SE-1105 and provide the Department of Planning Services with a copy of a recorded deed defining the / boundaries of the parcel indicated on the SE-1105 plat. (Department of Planning Services) ,p . The applicant shall improve the secondary access road between County Road 84 and the C>� ' \ western gate to the facility. The applicant shall submit an Improvements Agreement according to policy regarding �ry� collateral for improvements and post adequate collateral for all transportation (access drive, parking areas, etcetera)and non-transportation (plant materials,fencing, screening, water, � signage etcetera). The applicant shall submit to the Department of Planning Services an V"1N itemized bid for review. The agreement and form of collateral shall be reviewed by County �� Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. Alternatively,applicant may submit evidence that all the work has been completed and approved by the Department of Planning Services and the Department of Public Works. (Department of Planning Services) D. The plat shall be amended to delineate the following: 6P' t. All sheets of the plat shall be labeled USR-1592. (Department of Planning Services) .�� ,- . The attached Development Standards. (Department of Planning Services) / The applicant is proposing to use an agricultural farm road as its west access. The Z14 lilt applicant shall submit to the Weld County Department of Planning Services a P,/Q, An, ^ cuk recorded copy of any agreement signed by all of the wners of the proprty crossed fl/\ n i �lY( Y" n�ht by the access. The access shall be referenced by the Weld County Clerk and �� y f ' 1�' Recorders reception number on the plats for SE-1105 and USR- 1592.(Department JL47 `' / of Planning Services) el `t(. County Road 84 is designated on the Weld County Road Classification Plan as a �jJ( local gravel road,which requires sixty(60)feet of right-of-way at full build out.There ` is presently 60 feet of right-of-way. The applicant shall verify the existing right-of-way 12,20 Ow and the documents creating the right-of-way. This road is maintained by Weld 11 p County. �V1M / The location of the proposed control equipment sheds. (Department of Planning � Services) �J� /' / Signature blocks for the Weld County Planning Commission and Property Owners 01/4 f✓ shall be indicated on the plat; however, the Board of County Commissioners lfr Certification shall be removed. (Department of Planning Services) 1 p.1 i C. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the P, IA tv of Weld County Department of Planning Services. (Department of Planning Services) cii 441 b V Resolution USR-1592 • • Public Service Company Page 4 3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the Planning Commissioners resolution.The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the applicatop was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation); acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a)co.weld.co.us. (Department of Planning Services) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Home Light and Power/ Public Service Company of Colorado USR-1592 1. The Site Specific Development Plan and Special Review Permit is for a Public Utilities facility including a Major Facility of a Public Utility or Public Agencies (Electric Substation) in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act,30 20 100.5,C.R.S.,as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 7. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25 12 103 C.R.S., as amended. (Department of Public Health and Environment) 8. Adequate toilet facilities (port-a-potty) shall be provided during site expansion and equipment upgrade. (Department of Public Health and Environment) 9. Bottled water shall be utilized for drinking and hand washing during site expansion and equipment upgrade. (Department of Public Health and Environment) 10. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's)and volatile organic compounds (VOC's). (Department of Public Health and Environment) 11. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 12. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 13. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 14. Effective August 1,2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 15. The property owner Operator shall be responsible for complyinnith the Design Standards of Section 23-2-240, Weld County Code. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 17. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 18. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 19. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. Motion seconded by Erich Ehrlich. VOTE: For Passage Against Passage Absent Chad Auer—Chair Doug Ochsner—Vice Chair Paul Branham Erich Ehrlich Bruce Fitzgerald Tom Holton Mark Lawley Roy Spitzer James Welch The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case to serve as a permanent record of these proceedings. CERTIFICATION OF COPY I, Donita May, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on February 6, 2007. Dated the 6th day of February, 2007. Donita May Secretary Preliminary LANDSUMMARY APPLICATION SHEET COLORADO Case Number: USR-1592 Hearing Date: February 6, 2007 Applicant: Home Light and Power/Public Service Company of Colorado Address: Diversified Land Services c/o James McClung 550 15th Street, Suite 700 Denver CO 80202-4256 Request: A Site Specific Development Plan and Special Review Permit for a Public Utilities facility including a Major Facility of a Public Utility or Public Agencies (Electric Substation) in the A (Agricultural) Zone District Legal Description: Part of the E2 SE4 Section 1, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 84 and 0.25 mile west of County Road 37 Size of Parcel: 0.68 +/-acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • •Weld County Zoning Compliance, referral dated 11/29/2006 • 'Weld County Department of Public Health and Environment, referral received 1/2/2007 • 'Weld County Department of Public Works, referral received 12/14/2006 and 1/24/2007 • •Weld County Department of Building Inspection, referral dated 12/18/2006 • •West Greeley Soil Conservation District, referral received 12/13/2006 • 'Weld County Department of Planning Services Landscape referral dated 12/04/2006 • 'Town of Ault, referral received 12/5/2006 The Department of Planning Services' staff has not received responses from the following agencies: • Ault Fire Protection District • Weld County Sheriffs Department • Colorado Division of Wildlife • Town of Pierce EXHIBIT IA= USR-1592, Public Service Company of Colorado, Page 1 of 8 Preliminary SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: Hannah Hippely Case Number: USR-1592 Hearing Date: February 6, 2007 Applicant: Home Light and Power/Public Service Company of Colorado Address: Diversified Land Services do James McClung 550 15th Street, Suite 700 Denver CO 80202-4256 Request: A Site Specific Development Plan and Special Review Permit for a Public Utilities facility including a Major Facility of a Public Utility or Public Agencies (Electric Substation) in the A(Agricultural)Zone District Legal Description: Part of the E2 SE4 Section 1, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 84 and 0.25 mile west of County Road 37 Size of Parcel: 0.68 +/- acres Parcel Number: 0707-01-000018 and 0707-01-400002 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-370 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-400.A. -- Reasonable efforts have been made to avoid irrigated crop land or to minimize the impacts on such lands in those cases where avoidance is impractical. This application is proposing to enlarge an existing facility located on non irrigated property. The substation is currently located in an area designated as "Irrigated Land Not Prime" according to the 1979 Important Farmlands of Weld County Map; less than one acre will be occupied by this facility. • USR-1592, Public Service Company of Colorado,Page 2 of 8 Preliminary B. Section 23-2-400.B. -- The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable Master Plans. The site is located within the three mile referral area for the towns of Ault and Pierce. The Town of Ault does not have a conflict with the proposal, as stated in their referral dated December 5, 2006. The property is located outside of the Ault IGA boundary. The Town of Pierce did not return a referral stating their interests. C. Section 23-2-400.C. -- The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible. Conditions of Approval and Development Standards will ensure that impacts from the facility are minimized. D. Section 23-2-400.D. -- The site shall be maintained in such a manner so as to control soil erosion, dust, and the growth of noxious weeds. The Conditions of Approval and Development Standards will ensure that there is no fugitive dust or erosion and will ensure the control of noxious weeds. E. Section 23-2-400.E. -- The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. The first Condition of Approval is that the applicant agrees to this stipulation. F. Section 23-2-400.F. — The proposed facility will be supplied by an adequate water supply which has been evaluated with reference to the impacts of the USE of such supply on agricultural USES. All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural USES and lands. The expansion of the existing substation will add 0.359 acre, currently used for agricultural storage, of land to the existing facility; this expansion will have a minimal impact on agricultural uses and lands. The proposed facility will continue to function as it has historically; it is an unmanned site and does not currently have water service needs. During construction, as required by the Development Standards, bottled water will be provided for drinking and hand washing purposes, toilet facilities will also be provided . G. Section 23-2-400.G. -- All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. The facility currently on the premises has been operating since the 1950s. The purpose of this proposal is to update the equipment and bring it into conformance with the National Electric Safety Code (NESC). The alternative in this case would be to leave the current facility as is, per the application materials this is not a practicable option. H. Section 23-2-400.H. -- It has been determined that the nature and location or expansion of a proposed POWER PLANT facility will not create an expansion of the demand for government services beyond the reasonable capacity of an impacted community or the COUNTY to provide such services. Where it is indicated that such an expansion of the demand for services will occur beyond the reasonable capacity to provide such services, the applicant must clearly show how such impacts will be mitigated prior to approval of the proposal by the COUNTY. The expansion of this use will not create any additional demand for government services. Security of the site will be maintained by a locked seven (7) foot tall security fencing topped with barbed wire. Public Service Company of Colorado's emergency response operations center will provide fire protection services. USR-1592, Public Service Company of Colorado,Page 3 of 8 Preliminary The Weld County Sheriff's Department did not return a referral stating their interests. I. Section 23-2-400.1. -- It has been determined that the nature and location or expansion of the facility will meet Colorado Department of Health and County air quality standards. The Conditions of Approval and Development Standards will ensure that the nature and location of the facility will meet Colorado Department of Health and Weld County air quality standards. J. Section 23-2-400.J. --Adequate electric, gas, telephone, water, sewage and other utilities exist or can be developed to service the site. The applicant has stated that there will be two sheds which will house control equipment. If necessary electricity may be supplied by the existing infrastructure. As the site will be unmanned, other services and utilities will not be needed. K. Section 23-2-400.K. -- The nature and location or expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological sites within the affected area. The Colorado Division of Wildlife did not return a referral indicating a conflict with their interests. There are no historic landmarks or archeological sites which would be affected by the proposal as detailed in the letter from the Colorado Historical Society dated April 27, 2006 which was provided with the application materials. L. Section 23-2-400.L. — The applicant's engineer has certified that the drainage plans developed for and to be implemented on the site will prevent surface drainage from leaving the site which would exceed historic runoff flows. The Weld County Department of Public Works indicated in their referral dated December12, 2006 found the proposed drainage plan acceptable.. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The applicant agrees to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. 2. The applicant shall improve the secondary access road between County Road 84 and the western gate to the property. The road shall be constructed to meet the requirements of the Department of Public Works as stated in their referral dated January 24, 2007. Prior to recording the plat: A. Home Light and Power/Public Service Company of Colorado shall record SE-1105 and provide the Department of Planning Services with a copy of a recorded deed defining the boundaries of the parcel indicated on the SE-1105 plat. (Department of Planning Services) USR-1592,Public Service Company of Colorado,Page 4 of 8 • • Preliminary `� B. / The applicant shall improve the secondary access road between County Road 84 and the 1 l western gate to the facility. v- \ ( The applicant shall submit an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation (access drive, parking areas, etcetera) and non-transportation (plant materials, fencing, screening, water, signage etcetera). The applicant shall submit to the Department of Planning Services an itemized bid for review. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. Alternatively, applicant may submit evidence that all the work has been completed and approved by the Department of Planning Services and the Department of Public Works. (Department of Planning Services) D. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR-1592. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The applicant is proposing to use an agricultural farm road as its west access. The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be referenced by the Weld County Clerk and Recorders reception number on the plats for SE- 1105 and USR- 1592. (Department of Planning Services) 4. County Road 84 is designated on the Weld County Road Classification Plan as a local gravel road, which requires sixty (60) feet of right-of-way at full build out. There is presently 60 feet of right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. This road is maintained by Weld County. 5. The location of the proposed control equipment sheds. (Department of Planning Services) 6. Signature blocks for the Weld County Planning_Commission and Property Owners shall be indicated on the plat; however, the-r —Af Lein ty Ca miscin_ ners Certif' ation shall be removed. (Department of Planning Services) r2. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Planning Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) USR-1592, Public Service Company of Colorado,Page 5 of 8 Preliminary In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the applicatop was signed a $50.00 recording continuance charge may be added for each additional 3 month period. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a�co.weld.co.us. (Department of Planning Services) The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) USR-1592, Public Service Company of Colorado,Page 6 of 8 ary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Home Light and Power/ Public Service Company of Colorado USR-1592 1. The Site Specific Development Plan and Special Review Permit is for a Public Utilities facility including a Major Facility of a Public Utility or Public Agencies (Electric Substation) in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5, C.R.S., as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 7. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25 12 103 C.R.S., as amended. (Department of Public Health and Environment) 8. Adequate toilet facilities (port-a-potty) shall be provided during site expansion and equipment upgrade. (Department of Public Health and Environment) 9. Bottled water shall be utilized for drinking and hand washing during site expansion and equipment upgrade. (Department of Public Health and Environment) 10, All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). (Department of Public Health and Environment) 11. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) USR-1592, Public Service Company of Colorado,Page 7 of 8 Preliminary 12. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 13. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 14. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250,Weld County Code. 17. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 18. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 19. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. USR-1592,Public Service Company of Colorado,Page 8 of 8 • Hannah Hippely — Department of Planning Services USR-1592 is an application made on behalf of the Public Service Company of Colorado for a Site Specific Development Plan and a Use By Special Review for a Major Facility of a Public Utility (Electric Substation) in the A (Agricultural) Zone District. The applicant's original substation was constructed in the early 1950s and now needs updating. This use by special review permit will, if approved, bring the facility into compliance with the Weld County Code. The site is located North-East of Ault, more specifically North of and adjacent to County Road 84 and approximately 1/4 mile West of County Road 37. Except for the property to the South which is a residential PUD, the surrounding property is zoned agricultural. The sign announcing this Planning Commission meeting was posted by staff January 25`h, 2007. Seven referral agencies reviewed this proposal. All either stated that they did not have a conflict with the use or expressed concerns that have been addressed through the Conditions of Approval and Development Standards. Planning Staff is recommending the approval of this application. I believe the applicant's agent Jim McClung is present. I can now answer any questions you may have. 1 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 WIIDc. COLORADO November 28, 2006 Public Service Co do James McClung 550 15' St. Ste. 700 Denver CO 80202-4256 Subject: USR-1592- Request for A Site Specific Development Plan and a Use by Special Review for a Major Facility of a Public Utility(Electric Substation)in the A(Agricultural)Zone District on a parcel of land described as Pt of the E2SE4 of Section 1, T7N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for February 16, 2007, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 101h Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Ault and Pierce Planning Commission for their review and comments. Please call Ault at 970-834-2844 and Pierce at 970-834-2851 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Ault and Pierce Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respect Hannah Hippely Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 1/26/2007 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Hannah Hippely, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN/ FIFTEEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR USR 1592. Hannah L Hippely Name of Person Posting Sign Signature of erson Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me thiscX 'day of q, , 200€. WITNESS my hand and official seal. s BETHANY 1 No ary Public : ALLMAN II c.1„_,`a�OQ,�r My Commission Expires: `n-M-Dn • • FIELD CHECK Inspection Date: I Z 61g APPLICANT: Public Service Company of Co. CASE #: USR-1592 REQUEST: A Site Specific Development Plan and a Use By Special Review for an update in existing equipment fir Home Light and Power/Public Service Co. of Colorado in the A (Agricultural) Zone District. LEGAL: E1/2SE1/4 Section 1, T7N, R66 W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to Weld County Road 84 and 1/4 mile West of Weld County Road 37. PARCEL ID #: 0707-01-0-00-018 and 0707-01-04-00-002 ACRES: +/- .679 Zoning Land Use N Ag. N ^ / E Ag. S PUD Z-557 S yacattr W Ag. W Comments: at( j,„rine 5°11(411thi 1401" HannahSPa ner ❑ House(s) o Derelict Vehicles ❑ Outbuilding(s) o Non-commercial junkyard (list components) o Access to Property ❑ Irrigation Sprinkler o Crop Productions o Crops ❑ Site Distance o Wetlands ❑ Mobile Home(s) ❑ Oil & Gas Structures ❑ Other Animals On-Site o Wildlife ❑ Water Bodies o Utilities On-Site (transmission lines) o Ditch o Topography Note any commercial business/commercial vehicles that are operating from the site. fas t'� APPLICATION FLOW SHEET WiiDc. COLORADO APPLICANT: Public Service Company of CO. CASE #: USR-1592 REQUEST: A Site Specific Development Plan and a Use By Special Review for a Major Facility of a Public Utility(Electric Substation) in the A(Agricultural)Zone District. LEGAL: Part of the E2 SE4 Section 1, T7N, R66 W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to County Road 84 and 1/4 mile West of County Road 37. PARCEL ID#: 0707-01-0-00-018 and 0707-01-04-00-002 ACRES: +/- .679 DATE BY 11/27/2006 RC Application Received 11/27/2006 RC Application Complete RC PC Hearing Date: 02/ 6/2007 Action: Utility Board Date: 01/26/2007 PC Sign to be Posted By: PC Sign Posted Referrals Listed 11/27/2006 RC File Assembled li ianI{Ck Referrals Mailed Chaindexed Letter to Applicant Mailed Date Public Notice Published in County Newspaper Surrounding Property& Mineral Owners Notified Planning Technician Maps Prepared Field Check by DPS Staff Planning Commission Resolution Sent to Applicant Planning Commission Meeting Minutes Filed in Case Case Sent to Clerk to the Board Wl/��L CC Hearing: Action: CC Sign to be Posted By: CC Sign Posted Plat and/or Resolution Recorded Recorded on Maps and filed Overlay Districts Fin Diversified Land Services, LLC Zoning Agricultural Airport Yes No_X_ Siting & Land Rights Services Geologic Yes No_X_ Flood Hazard Yes No X Jim McClung 1633 S Lamar St Lakewood,Colorado 80232 Cell Phone:720.244.0726 Phone:303.975.2866 Fax:303.935.9002 IP 040` 7572 Plat Checklist POC Planner Item Comments Check C�eck Proper sine and material ( 24" x 36" or 18" x 24" ."Minimum 3 millimeter polyester sheet Lettering No stick-on lettering Minimum 8 pt. lettering Boundaries of Lots () /1 cid/v.(Z1T oL�{2e -/ o...,,,(o...,,,( -�� 6 .� Scale Suitable Scale? (1"=200' or 1"=X100'1 JI Accesses indicated Shared Access? Ii so, is easement Certificate included? 61,c - Roads labeled, including C� d2k�.5 R.O.W a" Building Envelope(s) Vicinity Map Suitable Scale? (Minimum 1" = 2000') North Arrow // �y"9 . if )I i\ Legal Description (Tl� — A LecL d'wri • — �(/ ( ' ( cab Notes from Planner/ '� Development Standards Conditions of Approval att 0 3 A- L „/- • it r 3 . O5 - eaLl out 6111 140( 6,74./ 3D(-2 — Owner's Certificate Notarial Certificate included? All owners must sign the piat. K>- check the deed. g.X./1,4%./C C- 773 V�Surveyor's Certificate and All surveyed plats �,j Surveyor's Stamp Note: USR mats do not need to be surveyed F '17�` Director of Planning Notarial Certificate included? (RE. SE, SPR,Final PUB if Certificate Staff Approved) �� Planning Commission (USR. COZ. Minor Sub.Final) Certificate Board Certificate (USR. COZ,.Minor Sub Final) (Final PUB, RE. SE &ZPMH if Board approved) N/A--- i Typical Road Cross Section (COZ.Final Minor Sub. and Final PUT)) /lM" Easements Please return the plat to the CAD Technician within 24 hours of receiving the plat. Planner on Call: (Initials) Planner Signature: Date: NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday.February 6,2007,at 1:30 p.m.for the purpose of considering A Site Specific Development Plan and a Use by Special Review for a Major Facility of a Public Utility(Electric Substation)in the A(Agricultural)Zone District for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. CASE NUMBER:USR-1592 APPLICANT:Public Service Company PLANNER:Hannah Hippely LEGAL DESCRIPTION:Pt of the E2SE4 of Section 1,T7N,R66W of the 6th P.M.,Weld County,Colorado. TYPE AND INTENSITY OF PROPOSED USE:A Site Specific Development Plan and a Use by Special Review for a Major Facility of a Public Utility(Electric Substation)in the A (Agricultural)Zone District. LOCATION:North of and adjacent to CR 84:1/4 mile west of CR 37. SIZE: 0.679 H-acres,more or less. The public hearing will be held in the Hearing Room,Weld County Planning Department,91810"Street,Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning,918 10"Street, Greeley,Colorado 80631,before the above date or presented at the public hearing on February 16,2007. Copies of the application are available for public inspection in the Department of Planning Services,91810"Street. Greeley,Colorado 80631. Please call Voneen Macklin at(970)353-6100,Ext. 3540,or Fax#(970)304-6498,prior to the day of the hearing so that reasonable accommodations can be made if,in accordance with the Americans with Disabilities Act,you require special accommodations in order to participate in this hearing as a result of a disability. All cases scheduled before the Planning Commission for hearing are subject to continuance,due to lack of quorum or otherwise. Contact the Department of Planning Services at(970)353-6100, ext.3540,for hearing continuance information. Bruce Fitzgerald,Chair Weld County Planning Commission • To be published in the Fort Lupton • Press. To be published one(1)time by — ) January 17,2007. - \ NOTICE OF PUBLIC HEARING PROOF OF PUBLICATION The Weld County Planning • FORT LUpTip Commission will hold a public hearing 7, on Tuesday,o, Fethe purpose e STATE OF COLORADO ' 2007,at 1:30 p.m.for the purpose of considering A Site Specific Development Plan and a Use by COUNTY OF WELD SS. Special Review for a Major Facility • of a Public Utility (Electric Substation) in the A (Agricultural) , Zone District for the property r described bel°w.Approval of the I, Karen Lambert, solemnly do swear that I request may create a vested property right pursuant to am the Publisher of the Fort Lupton Press; Colorado Law. + CASE NUMBER:USR-1592 APPLICANT: Public Service that the same is a weekly newspaper printed! PLANNER:Hannah Hippely and published in the County of Weld, State' LEGAL DESCRIPTION: Pt of the E2SE4 of Section 1, T7N, R66W of Colorado, and has a general circulation of the 6th P.M., Weld County, therein; that said newspaper has been Colorado. O AND USE:A Sae INTENSITY OF published continuously and uninterruptedly Development PROPOD and a Use eaby P Y lReview Plan M a by in said county of Weld for a period of more Special Review fora Major Facility of a Public Utility (Electric Substation) in the A(Agricultural) than fifty-two consecutive weeks prior to the Zone District,LOCATION:North of and adjacent first publication of the annexed legal notice to CR 84;1/4 mile west of CR 37. SIZE: 0.679 +1- acres, more or or advertisement; that said newspaper has less,The public hearing will be held in been admitted to the United States mails as the Hearing Room, Weld County Planning Department, 918 10th second-class matter under the provisions of Street,Greeley, Colorado. the act of March 3, or any Comments or objections related to 1879, submitted he above request should Weld d amendments thereof, and that said County in writing ofto the g. u Department Stret Plreeley, newspaper is a weekly newspaper Col 10 80631.Street, Greeley, duly date od before thethe public uove qualified for publishing legal notices and date or presented at q 9 hearing nFebmarypQ2°07. Copies of the application are advertisements meaning within the of the avas the Department e t public inspection la in laws of the State of Colorado. That the the of10th Planning Services, ora Please annexed legal notice or advertisement was Greeley, Colorado 80t Please 61 . Ext. 3540,Ma0 or Faxt(970)# 970- published in the regular and entire issue of 304-6 986.prior # (970)of the 9 har to h the day the every number of said weekly newspaper for om so that reasonable accommodations can be made is the period of 1 consecutive insertion(s); and in accordance with the Americans with Disabilities Act, you require special accommodations in order that the first publication of said notice w as to participate in this hearing as a result of a disability. All cases in the issue of newspaper, dated 17th day of scheduled before the Planning January, 2007, and the last on the 17th day Commission for hearing are subject to continuance,due to lack of January, 2007. of quorum or otherwise. Contact Y, the Department of Planning Services at (970) 353-6100, ext. 3540. for hearing continuance information. Bruce Fitzgerald,Chair Weld County Planning Commission To be published in the Fort Lupton Press. To be published one (1) time by January 17,2007. y is e, .' ub cri e J and sworn be ore me, this the 22rsd'day of January, 2007. 16_O )� I y1J/1 �ry,�/[//11I�/I / Cl`�� V V - tt+•' T1 i'" it Ov 'U ' . I y ( 1 , tt O '';iafi ;;CraFX 1P` CASE NO.401951 key 36963 • • 7 Xcel Energy" Siting and Land Rights ff 550 15"Street,Suite 700 PUBLIC SERVICE COMPANY Denver,Colorado 80202-4256 Telephone:303.571.7799 Facsimile:303.571.7877 November 14, 2006 Chris Gathman, Planner II Weld County Department of Planning Services 918 10th Street Greeley, Colorado 80631 Subject: Use by Special Review Application—Ault Substation Dear Chris, This letter and the attached submittals are provided to meet Weld County's Use by Special Review application requirements. The Ault Substation's function is to reduce transmission voltage of 44,000 volts to 12,400/7,200 volts for distribution to end-users. The existing Public Service Company of Colorado (PSCo) facility, which has operated with the same equipment for more than 50 years, must be updated and brought into conformance with the National Electric Safety Code. Additional land is being acquired to accommodate the new equipment, while existing equipment remains in place and in service. This application includes a primary application package (see 3-ring notebook) as well as collated copies of specific portions as required. See the primary application package for a full description of the contents. Please do not hesitate to contact me if you require any further information to process this application. We would be glad to meet with you to discuss any issues of concern to Weld County. Sincerely, Michael Diehl Supervisor, Siting and Land Rights Public Service Company of Colorado EXHIBIT 2 • • • Xcel EnergyaM Siting and Land Rights PUBLIC SERVICE COMPANY 550 15th Street,Suite 700 Denver,Colorado 80202-4256 Telephone:303.571.7799 November 29, 2006 Facsimile:303.571.7877 Weld County Planning Department 918 10th Street Greeley, CO 80631 Re: Permitting for the Public Service Company of Colorado Ault 44kV Electric Substation Expansion. Dear Weld County Planners: • Jim McClung, of Diversified Land Services is hereby authorized to apply for land use permits for the above referenced project and to represent Public Service Company of Colorado, a wholly owned subsidiary of Xcel Energy, Inc., regarding such. If you have any questions or concerns, please feel free to contact me at 303-571-7260, (cell) 303- 810-9707, (e-mail) michael.diehl@xcelenergy.com, (fax) 303-571-7877, or by regular mail at the above address. Respectfully, Michael E. Diehl, Supervisor Siting & Land Rights Xcel Energy, Inc. dba Public Service Company of Colorado • • SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# 1$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number C.) 7 6 7 - O / - O - O o - O o7 O -7 c1 'I Co o 2— (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). Legal Description . CGfla ee lor✓�ti rw Hs...et f.. ection / , Township 7 North, Range 6LWest Flood Plain: Zone District: , Total Acreage: - (o79 , Overlay District: Geological Hazard: , Airport Overlay District: FEE OWNER(S) OF THE PROPERTY: Name: 14 nest. HiLHP'ot oak- / PwioItc arlzv✓cce. Co. o-Y C_a/o Work Phone#3431€173--2.Jk L. Home Phone# Email Address: di✓erc,/ //^&comcss4: nte+ Address: SSZ) /Sfk 4Yt-.aef Tu.-Lie 7OO City/State/Zip Code tie Kid cvi Cc> Poa.°a- i/ZS(o Name: /11,6A-cia f C. y l: ..1•••9 LA kt7 Lie)la Work Phone#9io/83y -ZZ.1 4 Home Phone# Email Address: Address: VMS—S c'..-y. �fy'" R 06-i jy City/State/Zip Code A J t) Ca cPO(o I O Name: Work Phone# Home Phone# Email Address: Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: -o-w...es At. Mil C'Awwa Work Phone#30yeri =2kLL Home Phone# Email Address:41 oc vsrtg tier , cowc.e ts+u-Qf Address: Ca.) /S-/L .S'fv.-c{ S..�..(T. -70) City/State/Zip Code `f e u a c-r C_c.) J'0t0 .—(1Z rt. PROPOSED USE: _ 1 / / //, -_ CPC:re;c. 5u.briCiiah `"'�j c I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the signatory has to legal authority to sign for the corporation. ture: O_ eror '12'zedAg /( 1�1 zAoC gl ature: Owner or Authorized Ag ert/ Date Signature: Owner or Authorized Agent Date -6- • • Latest Revision: 11/13/2006 PSCo/Ault Substation Upgrade • November 2006 Weld County Use by Special Review Major Facilities of a Public Utility Table of Contents 1. Introduction and Description of Application Permit Package 1 2. Project Description 3 2.1 Necessity and Benefit Statement 3 2.2 Substation Structures (SRQ#5d) 3 3. Jurisdictional Considerations and Land Use 3 3.1 Consistency with Zoning (Section 23 of Code) (SRQ#3) 3 3.2 Consistency with Comprehensive Plan (Section 22 of Code) (SRQ#2) 3 3.3 Notice of Inquiry Regarding Intergovernmental Agreement 4 3.4 Property Use — Site (SRQ#1) 4 3.5 Surrounding Land Use (SRQ#4) 4 3.6 Local Irrigation and Irrigation Ditches 4 4. Project Implementation 4 4.1 Construction (SRQ #5f and#9) 4 4.2 Storage/Stockpile of Wastes (Construction) (SRQ #10) 5 • 4.3 Reclamation (SRQ#7) 5 5. Site Operation 6 5.1 Hours of Operation/Staff(SRQ#5a, 5b, 5c, 5f) 6 5.2 Emergency Procedures and Fire Protection (SRQ #5g) 6 5.3 Safety Hazards 6 5.4 Weed Control 7 5.5 Access Routes, Traffic, and Road Surfaces 7 5.6 Source of Water (SRQ#5h) 7 5.7 Sewer System (SRQ#5i) 7 5.8 Storage/Wastes (SRQ#5j and SRQ#10) 7 5.9 Landscaping (SRQ#6) 7 5.10 Storm Water Drainage and Water Quality (SRQ#8) 7 6. Environmental Issues 8 6.1 Site Soils 8 6.2 Cultural Resources: Historical and Archeological 8 6.3 Wildlife and Domestic Animals (SRQ#5e) 8 6.4 Visual Resources 9 6.5 Geologic Hazards 9 6.6 Floodplains 9 6.7 Mineral Resources 9 7. Mitigation 10 • • • Latest Revision: 11/13/2006 1 . Introduction and Description of Application Permit Package This report constitutes the application package submission for Weld County's Use by Special Review application. Table I lists the requirements and locations of permit requirement materials contained in this package. Table 2 provides the Section locations of responses to the Use by Special Review Questionnaire (SRQ) questions.Table 3 lists Weld County Section 23-2-370 information requirements and the corresponding locations of information provided in this application package. In addition, the Vicinity Map, Plot Plan, and Special Review Plat Map are attached as Exhibits L, M, and N, respectively. Table 1. Procedural Guide Checklist(Weld County) Requirement Section/Exhibit Notes/Copies Application Form Exhibit A Original and 19 copies Special Review Use Questionnaire Exhibit B and see Table 2 below 20 Weld County Road Access Information Sheet Exhibit C 20 Show evidence of adequate water supply Section 5.6 Not applicable to this project. 2 Show evidence of adequate sewage disposal Not applicable to this project. 2 Deed or legal instrument identifying applicant's interest in property Exhibit D 1 (only in primary submittal) Original certificate of conveyance form and attachments Exhibit E 1 (only in primary submittal) Soils Report Exhibit F and Section 6.1 20 Affidavit and certified list of property owners within 500 feet Exhibit G 1 (only in primary submittal) Affidavit and certified list of mineral owners and lessees onsite Exhibit H 1 (only in primary submittal) See Section 5.2 for information Emergency Information Sheet on emergency procedures. Not required The project site is not in an IGA Notice of inquiry if located within an IGA boundary Section 3.3 boundary Application fee ($5,000) Exhibit I 1 (only in primary submittal) Investigation fee Not required Special Review plat recording fee Exhibit I 1 Special Review Plat map(24x36) Exhibit N 20 1 reduced copy of plat map(8.5x11) Exhibit N 1 8.5x11 electronic copy of plat map Exhibit N 1 Table 2. Use by Special Review Questionnaire(SRQ) Question Section 1. Explain proposed use of property Sections 2.1, 2.2,and 3.4 2. Comprehensive plan consistency Section 3.2 3.Zoning consistency Section 3.1 1 • • Latest Revision: 11/13/2006 Question Section 4. Surrounding land use; compatible and consistent? Section 3.5 5a. People on site Section 5.1 and 5.3 5b. Employees on site Section 5.1 5c. Hours of operation Section 5.1 5d. Type and amount of structures Section 2.3 and Exhibit M (Plot Plan) 5e. Animals on site Section 6.3 5f, Vehicles Section 5.1 and 5.5 5g. Fire Protection? Section 5.2 5h.Water source? Section 5.6 5i. Sewage disposal Section 5.7 5j. Items stored on site Section 5.8 6. Landscaping Section 5.9 7. Reclamation procedures Section 4.3 8. Storm water drainage Section 5.10 9. Construction Section 4.1 10. Storage/stockpile of wastes Sections 3.2 and 5.8 Table 3. Section 23-2-370 Requirements Requirement Section/Exhibit Notes See cover letter and Plot Applicant name and phone#, address Plan Summary statement of project Sections 2.1 and 2.2 Impacts on mineral resources Section 6.7 Impacts on wildlife habitat Section 6.3 Impacts on historical resources Section 6.2 Visual impacts Section 6.4 Geologic and flood hazards Sections 6.5 and 6.6 Note this is the certified Agreement with mineral owners associated with property Exhibit L minerals owners list Agreement with owner of any adjacent ditch Section 3.6 Mitigation of any adverse impacts? Section 7.0 Description of safety hazards Section 5.3 Description of emergency procedures Section 5.2 Sections 3.6, 5.6 and Describe how impacts to irrigated agricultural land are minimized 5.10 No impacts Describe how project conforms to guidelines in Chapter 22 Section 3.2 Describe facility maintenance Sections 5.4 and 5.10 Drainage report- how will we prevent surface runoff from exceeding the historical flow? Section 5.10 2 • Latest Revision: 11/13/2006 2. Project Description The project involves replacement of aging transformers and related structures with updated equipment, which will be in conformance with current requirements of the Public Service Company of Colorado (PSCo) and the National Electric Safety Code(NESC). 2.1 Necessity and Benefit Statement The Ault Substation's function is to reduce transmission voltage of 44,000 volts to 12,400/7,200 volts for distribution to end users. The facility, which has operated with the same equipment for more than 50 years, must be updated and brought into conformance with the NESC. Additional land is being acquired to accommodate the new equipment, while existing equipment remains in place and in service. Once the new transformers and related structures are in place and functional,the existing transformers and structures will be removed and transported offsite for proper disposal. 2.2 Substation Structures (SRO #5d) The facility structures will be similar to those of the existing facility. Steel structures will be receiving transmission wiring from existing wood poles on CR 84, routing the wire into three transformers, then routing reduced voltage wiring back out to existing distribution poles, also located on CR 84. Two 10 ft. x 10 ft. sheds will house control equipment. Facility equipment and structures are shown on the Plot Plan (Exhibit M). 3. Jurisdictional Considerations and Land Use 3.1 Consistency with Zoning (Section 23 of Code) (SRO #3) The existing substation site is zoned Agricultural. The expansion of the substation site is consistent with Article III Zone Districts Division I (A—Agricultural Zone District) Section 23-3-40.D.3. (Uses by special review: Major Facilities of Public Utilities or Public Agencies). This section of the code allows special use facilities, including public utility facilities to be within an Agricultural Zone District subject to Article II, Division 5 with the obtaining of a special use permit for Major Facilities of Public Utilities. This permit application is being submitted per the definition contained in Section 23-1-90 and applicability of Section 23-2-300. The proposed expansion is consistent with Section 23-4-420, which requires demonstration of a need for the substation expansion. The need for the facility expansion/upgrade is demonstrated in Section 2.1 above. 3.2 Consistency with Comprehensive Plan (Section 22 of Code) (SRO #2) The proposed expansion/upgrade of the substation facility will support the power needs of the surrounding area of Weld County. The substation project is consistent with Section 22-1-50.C Article 1 — General Provisions of the Comprehensive Plan because it will support future area land use and growth and continue to support local agricultural land use in the area. Because the project will take a minimum of agricultural land (0.359 acre) and will not require a water supply, there would not be an overall impact on the area agricultural industry. The substation project is also consistent with Section 22-3-10,Public Facilities and Services. The project will provide necessary electric power infrastructure to support existing and future development. The project consists of the expansion of an existing facility and, therefore, does not introduce a new public facility in a previously unoccupied location. 3 • •Latest Revision: 11/13/2006 The project is also consistent with Articles IV and V of the Comprehensive Plan because the project considered and minimized impacts on area environmental and natural resources. Documentation to support such consistency is provided in Sections 6 and 7. Furthermore, the proposed facility expansion is consistent with the general provisions of the Comprehensive Plan because the facility will support the Plan's Guiding Principles 22-1-120 F: "Economic Prosperity. Land use policies should facilitate and complement a diverse economic prosperity and harmonize with associated growth. (Weld County Code Ordinance 2002-6)." 3.3 Notice of Inquiry Regarding Intergovernmental Agreement The project site is not within an intergovernmental agreement(IGA) area and is entirely within Weld County. Therefore, a notice of inquiry is not applicable. 3.4 Property Use — Site (SRQ #1) Property use of the existing site is for an electric substation. Electric substations convert transmission voltage to distribution voltage, which is one of the steps taken to change generated voltage to end-user voltage. The proposed site expansion and equipment upgrade is for the same use as the original installation (also see Section 2). Once the equipment is fully tested and reliability is confirmed, onsite activity and traffic will return to pre-upgrade levels. 3.5 Surrounding Land Use (SRQ #4) Existing surrounding land consists of agricultural cropland and farmsteads. The project includes acquisition of 0.359 acre of land, previously used as a farmstead storage area, but will not take any farmland out of crop production. A parcel of land located directly south of CR 84 and of the facility site is zoned for PUD 2-557 according to the Weld County zoning map. This property has not been developed for PUD as of the date of this application submittal. The project site is outside the Ault IGA boundary. However,the PUD is within the IGA boundary. 3.6 Local Irrigation and Irrigation Ditches The proposed expansion of the substation facility would not have an impact on local irrigation operations or irrigation ditches. The facility would not tap the local water supply, affect local drainage or stormwater flows, or affect area water quality. An agreement with an irrigation ditch owner is not necessary for the project to be implemented. 4. Project Implementation 4.1 Construction (�5f and #S)__ A three-month construction period is anticipated for completion of the facility expansion/upgrade. During construction, 3 to 15 people will be onsite at any given time for site preparation, concrete structure foundations, steel structure assembly, transformer delivery and placement, fencing, wiring, testing, and cleanup. Due to the nature of this type of construction, there will be intermittent periods of activity over the three-month period. The most intense construction, in terms of workers onsite, will start with structure assembly, installation of transformers, and related wiring and will have three-to four-week duration of activity. Site preparation, concrete work, fence installation, and cleanup will involve smaller numbers of workers for short periods of time. Construction activities will occur during daylight hours, and no construction lighting is expected to be used except in rare cases where certain operations must be complete within a certain timeframe. In general, construction activities would be limited to between 6:00 AM and 8:00 PM. 4 • •Latest Revision: 11/13/2006 The following vehicles will be required for construction activities: a front-end loader, a dump truck, a caisson drilling truck, a flatbed pickup, four pickups for site preparation and fencing, a rubber-tired backhoe/bucket, a flatbed truck, a cement truck, six pickups for foundation construction, a boom truck, two bucket trucks, a small crane, six pickups for structural, wiring and building work, and four pickups for final cleanup and operation startup. Parking for construction equipment and construction workers will occur on the site property only and will not impede WCR 84, other properties, or other roadways. When large equipment loads are brought in, there should still be space to accommodate onsite parking. Construction stormwater and erosion control will be handled according to best management practices (BMPs) and to comply with Weld County requirements. BMPs will include dust control and erosion control measures. PSCo contractors are required to comply with all local and state requirements for the handling of hazardous materials. The telephone numbers for medical and emergency services would be maintained onsite. If any unplanned occurrence requires assistance,the site supervisor or designated person would contact the appropriate response team. PSCo's contractor would identify all appropriate responders for hazardous and contaminated spills during the preconstruction phase. Numerous BMPs would be implemented to ensure appropriate materials handling and spill prevention. Stockpile management measures including perimeter barriers, covers, and location considerations would be used to minimize effects on local waterways from possible spills. The handling of materials would involve implementation of appropriate training of personnel, specific storage techniques for different materials, proper labeling, containment techniques, cleanup specifications/equipment, and regular maintenance and inspection protocols. In general, all spills will be contained and cleaned up as soon as possible. For spills involving hazardous materials, the local emergency response team will be contacted by dialing 9-1-1. All on-site construction personnel will be provided emergency responder contact information (police, fire, medical, hazardous materials) in advance of construction activities. Contractors will be required to provide such information to on-site workers. Emergency providers (police, fire, medical, and hazardous materials) will be identified during preconstruction planning. 4.2 Storage/Stockpile of Wastes (Construction) (SRQ #10) All materials and equipment required for construction will be stored onsite. Security will be accomplished by the erection of the permanent security fence early on in the construction process. The proposed gate on this fence will have a lock to prevent access when construction workers are not present. An onsite dumpster will be provided during construction for disposal of trash and debris. The dumpster will be emptied and hauled offsite at the end of construction activities or as necessary during construction. The construction site will be kept in good order and debris and trash will be removed, stored, or properly disposed of at the end of each construction day. A portable toilet will be provided for use by onsite construction personnel during all phases of construction. 4.3 Reclamation (SRQ #7) The areas outside PSCo ownership disturbed by construction activities will be graded to preconstruction conditions and seeded in accordance with property owner specifications. The PSCo site will be graveled and fully fenced for safety purposes. 5 • •Latest Revision: 11/13/2006 5. Site Operation 5.1 Hours of Operation/Staff (SRQ #5a, 5b, 5c, 5f) Once construction is complete and the facility is fully operational, there will be daily visits to confirm operational status. Following initial startup and when operations are confirmed reliable, visits will be reduced to weekly and then as needed. The substation facility will not have onsite staff but will operate continuously to provide power to area customers.Workers will visit the facility as necessary to provide regular maintenance and will access the substation to perform repairs during emergency situations such as power outages. One to two pickup trucks will access the site weekly and an occasional bucket truck as needed to confirm operational integrity. 5.2 Emergency Procedures and Fire Protection (SRO #5g) The local fire district that would serve the substation site area is Ault Fire Protection District. Due to the nature of the Substation facility,PSCo will not provide the Fire Department a key to the facility. Electrical fires will be handled through PSCo's emergency response operations center. No persons or entity, including the Fire Department, will be allowed entry to the facility until PSCo has cleared the site. The PSCo Operations Center(Substation Dispatch Center at Lipan) can be reached 24/7 at the following phone number: 303-273-4813. An alternate number is 970-350-9600 for Weld County Dispatch. 5.3 Safety Hazards Electrical hazards are present at the facility. A 7-foot high chain link security fence with a 1-foot barbed- wire outrigger, as well as a locked gate will prevent access to the facility. Other safety hazards include batteries and transformers. These are further described below. Electrical Equipment Enclosure(EEE).PSCo orders its electrical equipment enclosures (EEE) to meet NESC requirements for spill containment and ventilation. The NESC states "Floors of battery areas should be of an acid-resistive material,painted with acid-resistive paint, or otherwise protected." Provision should be made to contain spilled electrolyte. PSCo EEEs include a containment pan made of acid-resistive material, and pillows that absorb and neutralize the acid. In addition PSCo's EEEs include a ventilation system to limit hydrogen gas accumulation to less than explosive levels. The electrical enclosure is designed to resist fire and contain batteries necessary for substation operation. The exterior will be placarded with a 704 sign. The MSDS for the batteries will be posted immediately inside the door of the enclosure. The enclosure includes a detection/alarm system that notifies the PSCo dispatch center when the door is opened. PSCo staff must call the center soon after the door is opened or security personnel will be dispatched. The enclosure will also include a smoke detection system that will alarm back to the dispatch center. Materials included in the enclosure structure include the following: • Interior Wall Steel 18ga • Exterior Wall Steel 12ga • Wall Insulation R16- 2" Iso-Insulation • Roof 12ga- welded seam • Roof Insulation R21 - 3" Iso-Insulation • Ceiling Panels 18ga • Gutters & Downspouts 18ga • Floor I/4" Steel plate painted anti-skid • Floor Insulation R16- 2" Iso-Insulation, foil faced • Door- 18 ga 6 • Latest Revision: 11/13/2006 • Door Insulation - R12 • Door Window - 20" X 20" • Fire Extinguisher 1 -CO2 101b, A-B-C rated • Eye Wash Station - YES • Battery Acid Drip Pan - 12' x 3'x 4" Steel with Acid Resistant Epoxy Paint Battery Rack -Exide Rack#851328 with shock protection#850978 Batteries.The battery system at the Ault Substation consists of 60 cells of C&D Technologies battery Model 3DJ-155 (155 amp hour lead battery; 125 VDC). According to the data sheet, three cells are in each jar, and each jar contains 3.3 gallons of electrolyte(sulfuric acid) for a total of 66 gallons of sulfuric acid in the battery system(20 jars * 3.3 gallons/jar). Transformers.The facility will contain and use two transformers with 44,000 input voltage and 7,200/12,470 output voltage. 5.4 Weed Control All substation sites have weed control programs to minimize fire danger and the spread of noxious weeds. A bare-ground antifoliant is applied once a year, usually in late spring or early summer. A variety of products are used to maintain effective weed control and minimize adverse effects on surrounding vegetation. Special care is take where site runoff can reach cropland, and weeds are hand pulled if necessary. 5.5 Access Routes, Traffic, and Road Surfaces Access routes to the facility will not change with the expansion/upgrade. The site is directly accessed via Weld County Road (WCR) 84, which is a gravel road. Most vehicles entering the site will enter WCR 84 from State Highway 85, which is a primary paved route. Also see Exhibit D (Weld County Access Information Sheet). 5.6 Source of Water (SRQ #5h) The facility does not require a water supply for operation and does not include a water supply system. Landscaping is limited to weed control and a dry land native seed mixture. Irrigation will not be required. 5.7 Sewer System (SRQ #5i) The facility does not require a sewer system for operation, and as such,none is included in the site plan. 5.8 Storage/Wastes (SRQ #5j and SRQ #10) No extraneous materials are stored onsite, and routine operations do not create wastes of any type. 5.9 Landscaping (SRQ #6) The substation site will be graded to drain runoff based on historic conditions. The site will be entirely graveled except for a pavement access road.The security fence will extend to the property boundary, and no landscaping is proposed at the site. 5.10 Storm Water Drainage and Water Quality (SRQ #8) The existing substation site is well drained with infiltration through the surface gravel layer into the soil below. Site grading is relatively level and includes gentle sloping to the south and southwest(into road ditches) to convey extraneous runoff from major storm events. No evidence of erosion or sedimentation 7 • •Latest Revision: 11/13/2006 problems are associated with the existing site drainage. Surrounding agricultural lands generally drain south/southwestward, and a small catchment area(for collection of cropland runoff from major storm events)is present immediately northwest of the site. The planned substation site expansion will closely follow the existing drainage scenario and will include the following elements: a surface gravel layer throughout the fenced area of the site and gentle grading to convey extraneous runoff south/southwestward offsite into roadway ditches. Less than 10 percent of the 20,822-square-foot facility (including the expansion area) will be hard surfaced. During final grading design, care will be taken to not interfere with historic runoff patterns either from higher ground or to lower ground. No changes to historic runoffs are expected from the substation expansion project. The substation expansion project will not increase impervious surface area, is consistent with surrounding agricultural drainage, and would not cause a change in historical stormwater flows. The substation expansion will have no impact on area water quality. Stormwater flows will not be affected, and irrigation or other water use is not planned or necessary. No sewage disposal is planned or necessary at the facility. The site drains to area ditches and does not have direct drainage to streams or irrigation ditches with intermittent or perennial flows. All hazardous materials will be managed, stored, and contained to avoid spills that have the potential to affect area water resources. Site construction activities will include erosion control best management practices and other measures to avoid impacts on area water resources(see Section 4 for further discussion). • 6. Environmental Issues 6.1 Site Soils A soils report was received from the West Greeley Conservation District in April 2006 and is attached in Exhibit F(2 copies). Soils mapped in the site location include Nunn clay loam and Olney fine sandy loam. The site expansion would primarily occur on Olney fine sandy loam according to the soil mapping data. Both Nunn and Olney soils are considered prime farmland if irrigated. Olney soils have only slight building limitations according to the soils report. However, the Conservation District recommends that an onsite soils test be performed prior to construction. 6.2 Cultural Resources: Historical and Archeological A Class I cultural resources records search of the entire project area was conducted through the Colorado State Historic Preservation Officer(SHPO). The records search documented all previously recorded sites of prehistoric or historic cultural resources that might be affected by the proposed substation expansion project. As part of the search, the eligibility of known sites crossed by or located near the proposed site was reviewed for nomination to the National Register of Historic Places. The records search did not indicate any historic resources in the project area. The letter from SHPO, dated April 27, 2006,is attached to this application submittal (see Exhibit K). 6.3 Wildlife and Domestic Animals (SRO #5e) No animals will be necessary for the operation of the facility. The project site is located in an open area of agricultural fields used for growing various crops. The proposed project will not require the taking of trees, shrubs, or vegetation that would be used for significant habitat by area wildlife. The project would not cause any further fragmentation of habitat or wildlife movement corridors because the project would remain centered at the existing substation. No areas of high-value wildlife habitat(such as riparian areas) would be affected by the project. S • •Latest Revision: 11/13/2006 Existing facility fencing will be removed and replaced with similar chain link fencing for security purposes.This would also prevent wildlife and domestic animals from entering the facility but would not create a significant barrier to area wildlife movement. The existing facility is not known to create hazards to area birds, and the facility expansion/upgrade is not expected to change this condition. The proposed project is not expected to have any effect on Colorado's native wildlife populations or on area domestic animals. Two conversations during May 2006 were held with Mr. Troy Florian, District Wildlife Manager for the Colorado Division of Wildlife(970-443-1993). Mr. Florian stated that the only sensitive species that might occur in the project site area were the mountain plover and the swift fox. The mountain plover is imperiled in Colorado but is a resident breeder east of the Continental Divide. The plover has been known to nest in winter wheat fields. In Colorado,plover nesting begins in April and lasts approximately 29 days. Nestlings fledge in 33 to 34 days. The nesting season is generally considered to occur during April, May, and June. Mountain plover would not be expected to nest in close proximity to the existing substation or near residences but would prefer more open areas (primarily winter wheat fields). PSCo would either avoid construction during the plover nesting season or have a biologist conduct a field examination of the construction area to "clear" it for possible plover nests if construction is proposed April through June, The swift fox is a transient animal that might use the area while hunting. Swift fox would not be expected to den near the existing station, or near residences,and is not likely to use agricultural fields for habitat. Fox tend to prefer some cover for the dens,even if no more than some gentle topography. The proposed security chain link fencing would keep swift fox out of the substation facility, even if they do come close to the area while hunting or scavenging. 6.4 Visual Resources The proposed substation expansion is located in an area of gently rolling agricultural lands with expansive vistas. The proposed facility is larger than the existing facility but would not affect viewsheds in what is primarily an area of open fields. Views of the area landscape from the nearby farmstead would not be blocked by the facility or significantly impacted. 6.5 Geologic Hazards Geologic hazards in Weld County are associated with subsidence areas and historic mining activities. These hazards are mapped well outside the project area and are not an issue of concern for the proposed substation facility. 6.6 Floodplains According to Federal Emergency Management Agency (IEMA) maps and Weld County flood hazard mapping, there are no 100-year floodplains or flood hazard areas in the proposed project vicinity. The nearest floodplain is located approximately 1 mile east of the site along Spring Creek. 6.7 Mineral Resources Exhibit H provides a certified list of mineral owners. Mineral resources in the area of the proposed facility expansion include oil and gas. 9 • Latest Revision: 11/13/2006 7. Mitigation The following mitigation measures will be implemented to minimize effects on environmental and community resources: • Apply Stormwater Management and Erosion Control BMPs during construction. • Apply Stormwater Management and Erosion Control BMPs for grading plan design/implementation. • Provide gravel surface for entire site(except approximately 10%impervious surface)to allow maximum infiltration of storm runoff and minimize effects on area drainages. • Implement weed control program to prevent the spread of noxious weeds. • Erect security fencing to control access for both the general public and animals. • Establish emergency procedures for construction personnel and PSCo/Xcel Energy operations staff. • Prevent and contain hazardous materials spills/releases by employing appropriate BMPs. • Post placards for regulated hazardous materials and hazard warning signs. • Avoid disruption of piping plover nesting habitat(if any)during construction. 10 SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE R on does not• to hyourluse, please lorespond with "notpplli and iicable",withtedas part of the U an explanation as So whylthe question is espertain not applicable. 1. Explain, in detail, the proposed use of the property. See Sections 2. 1, 2.2, and 3.4 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 (Comprehensive Plan). See Section 3.2 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning)and the zone district in which it is located. See Section 3. 1 4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. See Section 3.5 5. Describe, in detail, the following: a. How many people will use this site? See Section 5. 1 and 5.3 b. How many employees are proposed to be employed at this site? See Section 5. 1 c. What are the hours of operation? See Section 5. 1 d. What type and how many structures will be erected (built) on this site? See Section 2.3 and Exhil • e. What type and how many animals, if any, will be on this site? See Section 6.3 f. What kind (type, size, weight) of vehicles will access this site and how often? See Sections 5. 1 any g. Who will provide fire protection to the site? See Section 5.2 h. What is the water source on the property? (Both domestic and irrigation). See Section 5.6 What is the sewage disposal system on the property? (Existing and proposed). See Section 5.7 j. If storage or warehousing is proposed, what type of items will be stored? See Section 5.8 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. See Section 5.9 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. See Section 7 8. Explain how the storm water drainage will be handled on the site. See Section 5. 10 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. See Section 4.1 10. Explain where storage and/or stockpile of wastes will occur on this site. See Section 3.2 and 5.8 • -7- c omcast message center Page 1 of 1 • • • From: nick.hoban@comcast.net To: levi.sievers@comcast.net Subject: FW: Ault Substation - soils report ':2, Date: Fri, 14 Apr 2006 13:45:15 +0000 @,„? Ft> Forwarded Message: From: "Rachel Miller" <RMiller@jfsato.com> To: <nick.hoban@comcast.net> Cc: "Teresa O'Neil" <TAO@JFSato.com> Subject: Ault Substation - soils report Date: Thu, 13 Apr 2006 18:17:40 +0000 Dear Mr. Hoban, We are wilting to request a soils report for a Weld County permit application (substation expansion/upgrade). The specific location of the project is: the southwest area of: east 1/2 of SE 1/4 of Section 1, T7N, R66W in Weld County. Please do not hesitate to contact me if you have any questions regarding this request. Thank you for your time, • Rachel Miller Environmental Planner J.F. Sato and Associates 5898 S. Rapp St. Littleton, CO 80120 303-797-1200 x1338 [ Back j 0J n.t ast Csbe rmculc A T ._ e� 'h. • http://mailcenter2.comcast.net/wmc/v/wm/4443B23100027C610000581522058863609C9... 4/17/2006 • COLORADO HISTORICAL SOCIETY Office of Archaeology and Historic Preservation 1300 Broadway Denver, Colorado 80203 27 April 2006 Joanna Morsicato J.F Sato&Associates 5898 S. Rapp Littleton, CO 80120 At your request, the office of Archaeology and Historic Preservation has conducted a search of the Colorado Inventory 01 Cultural Resources for the following locations: PM TOWNSHIP RANGE SECTION 6th 7N 66W 1 No site(s)and no survey(s)were located in the designated area(s). If information on sites in the project area was found, detailed information follows the summary. If no sites or districts were found, but surveys are known to have been conducted in the project area, survey information follows the summary. We do not have complete information on surveys conducted in Colorado,and our site files cannot be considered complete because most of the state has not been surveyed for cultural resources. There is the possibility that as yet unidentified cultural resources exist within the proposed impact area. •Therefore, in the event there is Federal or State involvement,we recommend that a professional survey be conducted to identify any cultural resources in the project area which are eligible to be listed in the National Register of Historic Places. We look forward to consulting with you regarding the effect of the proposed project on any eligible cultural resource in accordance with the Advisory Council on Historic Preservation Procedures and the Preservation and Protection of Historic and Cultural Resources(36 CFR 8). Please provide this office with the results of the cultural resource survey for our review of professional adequacy and compliance with regulations. If you have any questions, please contact the Office of Archaeology and Historic Preservation at (303) 866-3395 or 3392. Thank you for your interest in Colorado's cultural heritage. Susan M. Collins Deputy State Historic Preservation Officer for Archaeology *Information regarding significant archaeological resources is excluded from the Freedom of Information Act. Therefore, legal locations of these resources must not be included in documents for public distribution. • I REFERRAL LIST Name: Public Sys Case#USR-1592 County Towns &Cities Fire Districts Attorney z Ault z Ault F-1 v z Health Department _Berthoud I Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 Emergency Mgt Office- Ed Herring _Dacono _Brighton F-3 !z Sheriffs Office _Eaton _Eaton F-4 z Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans Galeton F-6 _ Airport Authority _Firestone _Hudson F-7 z Building Inspection _Fort Lupton _Johnstown F-8 z Code Compliance_S.-Ann_N-Beth _Frederick _LaSalle F-9 z Kim Ogle (Landscape Plans) _Garden City _Mountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 _Ambulance Services _Greeley Nunn F-12 _ _Grover _Pawnee F-22 State _Hudson _Platteville F-13 Div._ of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society Lochbuie Union Colony F-20 _Water Conservation Board _Longmont _ _ Wiggins F-18 _Oil &Gas Conservation Commission _Mead _Windsor/Severance F-17 _Milliken Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn z North Hwy 66 (Greeley) _Nunn Commissioner Division of Minerals/Geology z Pierce _Platteville Soil Conservation Districts _Severance Big Thompson/ FTC _Thornton _Boulder Valley/Longmont _Windsor _Brighton/SE Weld Centennial Counties _ z Greeley/West Greeley _Adams _Platte Valley _Boulder West Adams _ _ Broomfield _Little Thompson _Lorimer Federal Government Agencies Other US Army Corps of Engrs _School District RE- USDA-APHIS Vet Service _Central Colo. Water _Federal Aviation Admin (Structures Left_ Hand Water over 200 ft or w/in 20000 ft of Pub _Ditch Company Airport _Art Elmquist (MUD Area) Federal Communications Comm EXHIBIT 5 3 . . Kitim5Th 60 ct Weld County Referral • WilkNovember 28, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Public Service Company Case Number USR-1592 I Please Reply By December 26, 2006 Planner Hannah Hippely I Project A Site Specific Development Plan and a Use by Special Review for a Major Facility of a Public Utility (Electric Substation) in the A(Agricultural)Zone District. Legal Pt of the E2SE4 of Section 1, T7N, R66W of the 6th P.M., Weld County, Colorado. [ Location North of and adjacent to CR 84; 1/4 mile west of CR 37. , Parcel Number 0707 01 000018, 0707 01 0400002 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) February 16, 2007 We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Date Ut ,1 Agency P t. N N i N & ❖Weld County Planning Dept. ••918 10'"Street,Greeley,CO. 80631 +(970)353-6100 ext.3540 :•(970)304-6498 fax • • (Lnn a Weld County Referral WilkNovember 28, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: I Applicant Public Service Company Case Number USR-1592 Please Reply By December 26, 2006 Planner Hannah Hippely l Project A Site Specific Development Plan and a Use by Special Review for a Major Facility of a Public Utility (Electric Substation) in the A(Agricultural)Zone District. Legal Pt of the E2SE4 of Section 1, T7N, R66W of the 6th P.M., Weld County, Colorado. ) Location North of and adjacent to CR 84; 1/4 mile west of CR 37. Parcel Number 0707 01 000018 0707 01 0400002 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Co Planning Commission Hearing (if applicable) February 16, 2007 CIknave reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: (Liao /te vL'to tal /L4.Cf ( 7 fli 4n chid(taco 1-t.-bf no cri'c~�a f/ b - ,' n% Signature (2 /� Date jog �-Oct Agency C O: O�iait-cJ 4•Weld County Planning Dept. ❖918 10'°Street, Greeley, CO. 80631 4•(970)353-6100 ext.3540 4•(970)304-6498 fax Ueo . a . 20!'2 1 _ : 02A1V TOWN 0: AULT cOLO AD0 ,, . 15: D . • • 6 Weld County Referral November 28, 2006 C. COLORADO The Weld County Department of Planning Services has received the following item for review' Applicant Public Service Company Case Number USR-1592 Please Reply Ry December 26, 2006 Planner Hannah Hippely Project A Site Specific Development Plan and a Use by Special Review for a Major Facility of a Public Utility(Electric Substation) in the A(Agricultural)Zone District. Legal Pt of the E2SE4 of Section 1, T7N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 84; 1/4 mile west of CR 37. Parcel Number 0707 01 000018, 0707 01 0400002 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing.(if applicable) February 16, 2007 U. We have reviewed the request and find that it does/does not comply with our Comprehensive Plan >4 We have reviewed the request and find no conflicts with our interests lJ See attached letter Comments: Signature ��y q .J l Date /a/e(A&, Agency 0, U I eWeld County Planning Dept. 0918 1001 Street Greeley CO..80631 O(970)353-6100 ext3540 4(970)304-6498 fax 41 • • Kit �' Weld County Referral ' 1 November 28, 2006 , nEc 4 C. COLORADO PrpT The Weld County Department of Planning Services has received the following item for review: Applicant Public Service Company Case Number USR-1592 Please Reply By December 26, 2006 Planner Hannah Hippely Project A Site Specific Development Plan and a Use by Special Review for a Major Facility ' of a Public Utility (Electric Substation) in the A(Agricultural)Zone District. Legal Pt of the E2SE4 of Section 1, T7N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 84; 1/4 mile west of CR 37. Parcel Number 0707 01 000018, 0707 01 0400002 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) February 16, 2007 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. t- See attached letter. Comments: Signature ✓��, � L,� / Date l2. /2 Agency / alat-G. a/at EXHIBIT +Weld County Planning Dept. +918 10th Street, Greeley,CO. 80631 +(970)353-6100 ext.3540 ❖(970)304 • Co 1'7vnnilirrng IGE Departm�,., - MEMORANDUM 14 200E V ® TO: Hannah Hippely, Planning Servicesuct DATE: 12/13/2006 ilI FROM: Donald Carroll, Engineering Administrator cye_, C� SUBJECT: USR-1592, Public Service Company COLORADO The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the purview of the Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): WCR 84 is a local gravel road and requires a 60-foot right- of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. Our most recent traffic count taken in 2006 reflects between 100 and 140 vehicles. The count was taken between U. S. Highway 85 and WCR 37. REQUIREMENTS: Access: The applicant is proposing two new additional accesses to the extended facility. The east access borders WCR 84 and is gated. The west access is to an agricultural farm road. Written permission from the adjacent property owner is required. The existing access to the original facility also borders WCR 84. It is gated now and will remain gated. The internal loop road is going to be aggregate base course, Class 6 and shall be graded to prevent drainage problems. Storm Water Drainage: The Weld County Public Works Department, Drainage Division, has reviewed the drainage final grading and erosion control plan, and it is acceptable. The applicant will be using a vehicle tracking pad, silt fencing during construction, and using best management practices. pc: USR-1592 M:\PLANNING—DEVELOPMENT REVIE AUSR-Use by Special Review\USR-1592.DOC • • Weld County Planning Department ►" � CREELEY OFFICE MEMORANDUM JAN 2 5 2007 RECEIVED ITO: Hannah Hippely, Planning Services DATE: 1/24/2007 1>I1HFROM: Donald Carroll, Engineering Administrator di SUBJECT: USR-1592, Public Service Company COLORADO This is a follow-up to our January 23, 2007, staff meeting. The additional items need to be added to the requirements as per my memo dated 12/13/2006. The internal loop road extends from WCR 84 through the facility to the west access. At the west access point, there is an agricultural farm road being used as an exit point. This farm road shall be upgraded with aggregate base course Class 6 gravel and graded to prevent drainage problems, the same as the loop road. The upgrade shall loop from WCR 84 through the West access and extend back to WCR 84. pc: USR-1592 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1592-A.DOC • • Weld County Planning Departmen GREELEY OFFICE MEMORANDUM JAN — 2 2007 Kit a ECEI\/ED TO: HANNAH HIPPELY, PLANNING SERVICES IlDSUBJECT:USR-I592 FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH 26/2 06 PUBLIC SERVICE COMPANY DATE: 12/26/2006 COLORADO CC: Environmental Health Services has reviewed this proposal for an electric substation. We have no objections to the proposal, however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be incorporated into the permit as conditions that must be met one month prior to construction activities: 1. A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non- contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. • • i 4. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 5. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. 6. Adequate toilet facilities (port-a-potty) shall be provided during site expansion and equipment upgrade. 7. Bottled water shall be utilized for drinking and hand washing during site expansion and equipment upgrade. 8. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). 9. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 10.The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 7 • • 79 ) 4,( a ,,t ;I ' Weld County Referral November 28, 2006 WilC. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Public Service Company Case Number USR-1592 I Please Reply By December 26, 2006 Planner Hannah Hippely Project A Site Specific Development Plan and a Use by Special Review for a Major Facility 1 of a Public Utility (Electric Substation) in the A(Agricultural)Zone District. Legal Pt of the E2SE4 of Section 1, T7N, R66W of the 6th P.M., Weld County, Colorado. i Location North of and adjacent to CR 84; 1/4 mile west of CR 37. Parcel Number 0707 01 000018 0707 01 0400002 a The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) February 16, 2007 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑�Ve have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Date /07-41— c 4 Agency d'i4q T/v94�dr/ ❖Weld County Planning Dept. 4918 10th Street,Greeley,CO.80631 ❖(970)353-6100 ext.3540 4(970)304-6498 fax ` • • DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION f 64 sise I NORTH OFFICE 918 10'"Street GREELEY,COLORADO 80631 PHONE (970)353-6100,X (9 3X4.6498 FAX (970)304-6498 SOUTHWEST OFFICE Willi I4209 CR 24.5 LONGMONT CO 80504 C. PHONE(720)652-4210 X ext. 8730 (720)652-4211 35X COLORADO December 18, 2006 Public Service Company USR-1592 Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility(Electric Substation)in the A(Agricultural)Zone District.. 1. A building permit shall be obtained prior to the construction or placement of the electrical equipment enclosure. A plot plan shall be submitted when applying for building permits showing all structures with accurate distances between structures, and from structures to all property lines. 2. A plan review is required for each building for which a building permit is required. Building plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. The building will probably be classified as a B (Electrical equipment enclosure). 3. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County:2003 International Building Code;2003 International Residential Code;2003 International Mechanical Code;2003 International Plumbing Code;2005 National Electrical Code;2003 International Fuel Gas Code and Chapter 29 of the Weld County Code. 4. Each structure set on a foundation will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Building wall and opening protection in accordance with the Building Code. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. 7. Provide letter of approval from Ault Fire Protection District prior to new construction. 8.There are no historical building permits on record. Please contact me for any further information regarding this project. Sinc ly, cn • �.f/ oge Vigil Building Official �' Weld Count Referral Id County Planning Department ft ( ' County I GREELEY OFFICE November 28, 2006 O DEC 1 3 2006 R : EUVED COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Public Service Company Case Number USR-1592 Please Reply By December 26, 2006 Planner Hannah Hippely Project A Site Specific Development Plan and a Use by Special Review for a Major Facility of a Public Utility (Electric Substation) in the A(Agricultural)Zone District. Legal Pt of the E2SE4 of Section 1, T7N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 84; 1/4 mile west of CR 37. Parcel Number 0707 01 000018 0707 01 0400002 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) February 16, 2007 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. yeNSee attached letter. Comments: Signature )\ Date �� _\\ -04 Agency \ V CO +Weld County Planning Dept. +918 10'"Street,Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax . 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A tract of land being a portion of Lot B, Recorded Exemption No. 0707-1-4 RE-4262, Weld County Records, lying in the east one-half (E 1/2) of the southeast one-quarter (SE 1/4) of Section 1, Township 7 North, Range 66 West, of the 6th Principal Meridian, County of Weld, State of Colorado, described as follows: Beginning at the southwest corner of said east one-half; thence N00°05'33"W, 95.00 feet, along the west line of said east one-half, to the northwest corner of that Parcel of land as described in Book 1299, Page 9, Weld County Records, the TRUE POINT OF BEGINNING; thence N00°05'33"W, 90.00 feet, along said west line; thence S89°26'22"E, 160.00 feet, parallel with the south line of said east one-half; thence S00°05'33"E, 185.00 feet, parallel with said west line, to said south line; thence N89°26'22"W, 80.00 feet, along said south line, to the southeast corner of said Parcel; thence N00°05'33"W, 95.00 feet, along the east line of said Parcel, to the northeast corner thereof; thence N89°26'22"W, 80.00 feet, along the north line of said Parcel, to the TRUE POINT OF BEGINNING. Containing 22,000 square feet (0.505 acres), more or less. For the purpose of this description, the basis of bearings is the south line of the southeast one- quarter of Section 1, having an assumed bearing of N89°26'22"W, the southeast corner being an aluminum cap "LS 23513 1998", and the south one-quarter corner being an aluminum cap "LS 28665 1999". An illustration for this description is attached hereto and made a part hereof. The author of this description is Norman L. Simonson, PLS 28288, prepared on behalf of Sellards & Grigg, Inc., an SEH Company, 390 Union Boulevard, Suite 630, Lakewood, CO 80228, on November 20, 2006, under S&G No. 2006101-51 for Public Service of Colorado and is not to be construed as representing a monumented land survey. bW REGjS is�.•''L. S% 'T 28288 t:Ig Norm'4' �11�1 , PLS 28288 P:\survey land projects r2\_(2006101-51)Ault Substation PSCo\Desc\Tract A Revt.doc 390 Union Boulevard, 303.986.1444FAX 303.986.0994 Suite 630 Lakewood,Colorado 80228 www.sehinc.com a - ILLUSTRATION FOR TRACT A Rev1 - SHEET 2 OF 2 W in N LOT B, w RECORDED EXEMPTION NO. 0707-1-4 E 1/2, SE 1/4, w RE-4262 SECTION 1, T7N, R66W S89°26'22"E 160.00' M _ 0O o TRACT A Rev1 O z 22,000 S.F. (0.505 AC.)M/L w N89°26'22"W b 80.00' co o 10 TRUE POINT OF BEGINNING 0 �� BOOK 1299, PAGE 9 M coo MARCH 27, 1951 � O LO i O In o c O In rn z 0z Pi i ii I S LINE,E 1/2.SE 1/4 1 1322.03' 80.00' / 80.00' I N89°26'22"w N89°26'22"W S 1/4,SEC 1 POINT OF BEGINNING SE C0R,SEC 1 g "LS 286651999^ "LS 235131998" SW COR, E 1/2, SE 1/4, SECTION 1 g "1 Sellards & Grigg, Inc. � s comma(ny9.nn/land 9nnn,m 0 30 60 Y An SEH Cnmpan, SEH z0 Union Boulevard Mimic 303-986-1444 3(3-986--0894 scale l"=30' feel s' Lakewood. Colorado 80228 nnw.srM1lnc.oma WELD COAY ROAD ACCESS INFORMATIO•HEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 • Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 •Road File#: Date: RE# : Other Case#: 1. Applicant Name Lc. 5c u- Ciao V Phone Address 5Su jTic. S+ . , Sv "it 2rsb City3>av`..-t. State co Zip kowz-4zs 2. Address or Location of Access West < 1i2IS WL52 '/ Section 1 Township 7 I.] Range [e to c,,) Subdivision Block Lot Weld County Road #: 2 q Side of Road Distance from nearest intersection 132O${' 3. Is there an existing access(es) to the property? Yes x' No #of Accesses 4. Proposed Use: ® Permanent ❑ Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ® Other ******************************************************************************************************************************* 5. Site Sketch • Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil&Gas • D.R. = Ditch Road = House = Shed A = Proposed Access A = Existing Access Ni A ****.... OFFICE USE ONLY: • Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions Installation Authorized ❑ Information Insufficient Reviewed By: Title: • -7- • • CONTRACT TO BUY AND SELL REAL ESTATE • (VACANT LAND—FARM—RANCH) Date: 7-31—Ob Purchase Price: $10,000.00 1. AGREEMENT. Buyer agrees to buy, and the undersigned Seller agrees to sell, the Property defined below on the terms and conditions set forth in this contract. 2. DEFINED TERMS. a. Buyer. Buyer, Public Service Company of Colorado will take title to the real property described below as Corporation. b. Property. The Property is the following legally described real estate: See Exhibit"A"and"B"attached hereto in the County of Weld,Colorado together with the interests,easements, rights,benefits, improvements and attached fixtures appurtenant thereto,all interest of Seller in vacated streets and alleys adjacent thereto,except as herein excluded. c. Attachments. The following are a part of this contract: • Legal Description of property described as Exhibit"A"and"B" Note: The following disclosure forms are attached but are not part of this contract: Seller's Property Disclosure form d. Water Rights. The following legally described water rights: None. e. Growing Crops. Any growing crops on the property shall be transferred to Buyer at the time of closing. Seller shall have no right of entitlement to growing crops after the closing. The cost of the growing crops is included in the sale price of the property. 3. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as follows: Reference Item Amount Amount §3 Purchase Price $10,000.00 §3a Earnest Money $2,000.00 Cash at Closing $8,000.00 TOTAL $10,000.00 • xcel.Dir/AultSubstation.Dir/ContractTonuyandSellRealEstate Page 1 S Note: If there is an inconsistency between the Purchase Price on the first page and this §3,the • amount in §3 shall control. a. Earnest Money. The Earnest Money set forth in this section,in the form of a corporate check is part payment of the Purchase Price and shall be payable to and held by Seller (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit shall be tendered with this contract unless the parties mutually agree and set froth a different deadline in writing for its payment. The parties authorize delivery of the Earnest Money deposit to the closing company, if any,at or before Closing. In the event Earnest Money Holder has agreed to have interest on earnest money deposits transferred to a fund established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the Earnest Money Holder in this transaction shall be transferred to such fund. 4. EVIDENCE OF TITLE a. TITLE AND SURVEY REVIEW. A. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of unmerchantability of title,form or content of Title Commitment or of any other unsatisfactory title condition shown by the Title Documents, shall be signed by or on behalf of Buyer and given to Seller on or before July 25,2006,or within five(5)calendar days after receipt by Buyer of any change to the Title Documents or endorsement to the Title Commitment together with a copy of the document adding any new Exception to title. If Seller does not receive Buyer's notice by the date specified above,Buyer accepts the condition of title • as disclosed by the Title Documents as satisfactory. B. Matters not Shown By the Public Records. Seller shall deliver to Buyer,on or before July 30,2006 true copies of all leases and surveys in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens(including,without limitation,governmental improvements approved, but not yet installed)or other title matters (including,without limitation, rights of first refusal,and options)not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to determine if any third party has any right in the Property not shown by the public records(such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before August 3,2006,If Seller does not receive Buyer's notice by said date, Buyer accepts title subject to such rights, if any,of third parties of which Buyer has actual knowledge. C. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT'S PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RICK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING • REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS,EXISTING MILL LEVIES OF SUCH Xcel.Dir/AultSubstation.Dir/ContractTo8uyandSellRealEstate Page 2 • • DISTRICT SERVICING SUCH INDEBTEDNESS,AND THE POTENTIAL FOR AN • INCREASE IN SUCH MILL LEVIES. In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result, if written notice is received by Seller on or before August 3, 2006 this contract shall then terminate. If Seller does not receive Buyer's notice by such date, Buyer accepts the effect of the Property's inclusion in such special taxing district and waives the right to terminate. D. Right to Object,Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition or commitment terms as provided above, Seller shall use reasonable efforts to correct said items and bear any nominal expense to correct the same prior to Closing. If such unsatisfactory title condition is not corrected to Buyer's satisfactory on or before Closing,this contract shall then terminate;provided,however, Buyer may, by written notice received by Seller on or before Closing,waive objection to such items. 5. PROPETY DISCLOSURE,INSPECTION AND INSURABILITY; BUYER DISCLOSURE. On or before July 30,2006 Seller agrees to provide Buyer with a Seller's Property Disclosure(Vacant Land)form completed by Seller to the best of Seller's current actual knowledge. a. Inspection Objection Deadline. Buyer shall have the right to have inspections of the physical condition of the Property and Inclusions,at Buyer's expense. If the physical condition of the Property or Inclusions is unsatisfactory in Buyer's subjective discretion, Buyer shall,on or before August 3,2006: • (1) Notify Seller in writing that this contract is terminated,or (2) Provide Seller with a written description of any unsatisfactory physical condition which Buyer requires Seller to correct(Notice to Correct). If written notice is not received by Seller on or before August 3,2006 the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer. b. Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in writing to a settlement thereof on or before August 5,2006,this contract shall terminate one calendar day following, unless before such termination Seller receives Buyer's written withdrawal of the Notice to Correct. c. Damage,Liens and Indemnity. Buyer is responsible for payment for all inspections,surveys,engineering reports or for any other work performed at Buyer's request and shall pay for any damage which occurs to the Property and Inclusions as a result of such activities. Buyer shall not permit claims or liens of any kind against the Property for inspections, surveys, engineering reports and for any other work performed on the Property at Buyer's request. Buyer agrees to indemnify, protect and hold Seller harmless from and against any liability, damage,cost or expense incurred by Seller in connection with any such inspection, claim,or lien. This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to enforce this subsection, including Seller's reasonable attorney and legal fees. The provisions of this subsection shall survive the termination of this contract. • Xcel.Dir/AultSubstation.Dir/ContractToBuyandSellRealEstate Page 3 6. CLOSING. Delivery of deed from Seller to Buyer shall be at closing(Closing). Closing • shall be on August 15,2006 or by mutual agreement at an earlier date(Closing Date). The time and place of Closing shall be as designated by Buyer. 7. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient General Warranty Deed to Buyer,at Closing,conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except as provided herein,title shall be conveyed free and clear of all liens, including any governmental liens for special improvements installed as of the date of Buyer's signature hereon,whether assessed or not. Title shall be conveyed subject to: a. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents, b. distribution utility easements, c. those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer, d. inclusion of the Property within any special taxing district, e. the benefits and burdens of any declaration and party wall agreements, if any. 8. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid by Seller at or before Closing from the proceeds of this transaction or from any other source. 9. CLOSING COSTS,DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in • Good Funds,their respective Closing costs and all other items required to be paid at Closing, except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or reasonably required documents at or before Closing. Fees for real estate Closing services shall be paid at Closing by Buyer. The local transfer tax of the Purchase Price shall be paid at Closing by Buyer. Any sales and use tax that may accrue because of this transaction shall be paid when due by Buyer. 10. PRORATIONS. The following shall be prorated to Closing Date,except as otherwise provided: a. Taxes. Personal property taxes,if any, and general real estate taxes for the year • of Closing,based on Taxes for the Calender Year Immediately Preceding Closing. b. Final Settlement. Unless otherwise agreed in writing,these prorations shall be final. If Seller,after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally liable to Buyer for payment of$1,000.00 per day from the Possession Date until possession is delivered. 11. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted,this contract shall inure to the benefit of and be binding upon the heirs,personal representatives,successors and assigns of the parties. • Xcel.Dir/AultSubstation.Dir/ContractToBuyandSellRealEstate Page 4 12. INSURANCE; CONDITION OF,DAMAGE TO PROPERTY AND INCLUSIONS. • Except as otherwise provided in this contract,the Property, Inclusions or both shall be delivered in the condition existing as of the date of this contract,ordinary wear and tear excepted. a. Casualty Insurance. In the event the Property or Inclusions shall be damaged by fire or other casualty prior to Closing, in an amount of not more than ten percent of the total Purchase Price, Seller shall be obligated to repair the same before the Closing Date. In the event such damage is not repaired within said time or if the damages exceed such sum,this contract may be terminated at the option of Buyer by delivering to Seller written notice of termination. Should Buyer elect to carry out this contract despite such damage,Buyer shall be entitled to a credit,at Closing, for all the insurance proceeds resulting from such damage to the Property and Inclusions payable to Seller but not the owners' association, if any,plus the amount of any deductible provided for in such insurance policy, such credit not to exceed the total Purchase Price. b. Damage,Inclusions and Services. Should any Inclusion or service(including systems and components of the Property,e.g. heating,plumbing, etc.)fail or be damaged between the date of this contract and Closing or possession, whichever shall be earlier,then Seller shall be liable for the repair or replacement of such Inclusion or service with a unit of similar size, age and quality,or an equivalent credit,but only to the extent that the maintenance or replacement of such Inclusion, service or fixture is not the responsibility of the owners' association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. The risk of loss or any damage to growing crops,by fire or other casualty,shall be borne by the party entitled to the growing crops, if any,as provided in§3 and such party shall be entitled to such insurance proceeds or benefits for the growing crops, if any. • c. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk through the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this contract. 13. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document,Buyer and Seller acknowledge that the respective broker has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this contract. 14. TIME OF ESSENCE,DEFAULT AND REMEDIES. Time is of the essence hereof. If any note or check received as Earnest Money hereunder or any other payment due hereunder is not paid,honored or tendered when due,or if any other obligation hereunder is not performed or waived as herein provided,there shall be the following remedies: a. If Buyer is in default: (1) Specific Performance. Seller may elect to treat this contract as canceled, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller,and Seller may recover such damages as may be proper,or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages, or both. b. If Seller is in default: Buyer may elect to treat this contract as canceled, in • which case all payments and things of value received hereunder shall be returned and Buyer may Xcel.Dir/AultSubstation.Dir/ContractToBuyandSellReatEstate Page 5 • • recover such damages as may be proper,or Buyer may elect to treat this contract as being in full • force and effect and Buyer shall have the right to specific performance or damages,or both. c. Costs and Expenses. In the event of any arbitration or litigation relating to this contract, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses,including attorney and legal fees. 15. MEDIATION. If a dispute arises relating to this contract, prior to or after closing, and is not resolved,the parties shall first proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree before any settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not resolved within 30 calendar days of the date written notice requesting mediation is sent by one party to the other at the party's last known address. This section shall not alter any date in this contract, unless other agreed. 16. EARNEST MONEY DISPUTE. In the event of any controversy regarding the Earnest Money and things of value(notwithstanding any termination of this contract or mutual written instructions),Earnest Money Holder shall not be required to take any action. Earnest Money Holder may await any proceeding,or at its option and sole discretion, interplead all parties and deposit any money or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees. 17. TERMINATION. In the event this contract is terminated,all payments and things of • value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder. 18. ADDITIONAL PROVISIONS. None. 19. ENTIRE AGREEMENT,MODIFICATION,SURVIVAL. This agreement constitutes the entire contract between the parties relating to the subject hereof, and any prior agreements pertaining thereto,whether oral or written, have been merged and integrated into this contract. No subsequent modification of any of the terms of this contract shall be valid,binding upon the parties, or enforceable unless made in writing and signed by the parties. Any obligation in this contract that,by its terms, is intended to be performed after termination or Closing shall survive the same. 20. NOTICE,DELIVERY AND CHOICE OF LAW. a. Physical Delivery. Except for the notice requesting mediation,all notices must be in writing. Any notice to Buyer shall be effective when received by Buyer or by Selling Brokerage Firm,and any notice to Seller shall be effective when received by Seller or Listing Brokerage Firm. b. Electronic Delivery. As an alternative to physical delivery, any signed document and written notice may be delivered in electronic form by the following indicated methods only: Facsimile I E-mail I None. Documents with original signatures shall be provided upon request of any party. • Xcel.Dir/AultSubstation.Dir/ContractToBuyandSellRealEstate Page 6 • • c. Choice of Law. This contract and all disputes arising hereunder shall be • governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado. 21. NOTICE OF ACCEPTANCE,COUNTERPARTS. This proposal shall expire unless accepted in writing,by Buyer and Seller, as evidenced by their signatures below,and the offering party receives notice of acceptance on or before midnight,July 30,2006. If accepted,this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof,such copies taken together shall be deemed to be a full and complete contract between the parties. • • Xcel.Dir/AultSubstation.Dh/ContractToBuyandSellRealEstate Page 7 • Agreed to and accepted this 3/rf day of c..)t.x.(j ,2006 BUYER: l>. .11„13 - S IC�CPA Y OF COLORADO By: /. ter West,Managing Director Local Affairs 550 15th Street, Suite 700 Denver, Colorado 80202-4256 c/o Rick Grady,Team Lead Siting and Land Rights Department 303/571-7737 Office 303/571-7877 Fax Agreed to and accepted this airi day of J 2006 SELLER: Michael E.Wolf&Kare Kay Wolf • atial r 2/ Michael E. Wolf ` 7 - h�t.,/r/ e Karen Kay Wol 17815 Weld County Road 84 Ault,Colorado 80610 970/834-2214 Home 970/396-2817 Mobile h Representative Ro ert C.Bu roughs,P.C. 115 Second Avenue Ault,Colorado 80610 970/834-1333 Office 970/834-1280 Fax • Xcel.Dir/AultSubstation.Dir/ContractToBuyandSellRealEstate Page 8 • • • Sellards Grigg, Inc. CONSULTING ENGINEERS(LAND SURVEYORS Sheet 1 of 2 PARCEL A A parcel of land lying in the east one-half (E 1/2) of the southeast one-quarter (SE 1/4) of Section 1, Township 7 North, Range 66 West, of the 6th Principal Meridian, County of Weld, State of Colorado, described as follows: Beginning at the southwest corner of said east one-half; thence N00°05'26"W, 95.00 feet, along the west line of said east one-half, to the northwest corner of that parcel of land as described in Book 1299, Page 9, the TRUE POINT OF BEGINNING; thence N00°05'26"W, 65.00 feet, along said west line; thence S89°26'18"E, 160.00 feet, parallel with the south line of said east one-half; thence S00°05'26"E, 160.00 feet, parallel with said west line, to said south line; thence N89°26'18"W, 80.00 feet, along said south line, to the southeast corner of said Book 1299, Page 9; thence N00°05'26"W, 95.00 feet, along the east line of said Book 1299, Page 9, to the northeast corner thereof; • thence N89°26'18"W, 80.00 feet, along the north line of said Book 1299, Page 9, to the TRUE POINT OF BEGINNING. Containing 18,000 square feet(0.413 acres), more or less. For the purpose of this description, the basis of bearings is the south line of the southeast one- quarter of Section 1, having an assumed bearing of N89°26'18"W, the southeast corner being an aluminum cap "LS 23513 1998", and the south one-quarter corner being an aluminum cap "LS 28665 1999". An illustration for this description is attached hereto and made a part hereof. The author of this description is Norman L. Simonson, PLS 28288, prepared on behalf of Sellards & Grigg, Inc., 390 Union Boulevard, Suite 630, Lakewood, CO 80228, on June 27, 2006, under S&G No. 2006101-51 for Public Service Company of Colorado and is not to be construed as representing a monumented land survey. .aownittir s, v28g ai • Norman L. bimlonson, PLS 28288 • P;laurvey lend projeds 2\(2006101-51)Ault Substation PSCo\Dose\Parcel A-Wolf doc 390 Union Boulevard. 303.986.1444 Suite 630 FAX 303.986.0994 Lakewood,Colorado 80228 www-sandg4.colr • 0 • SHEET 2 O1 i. - ILLUSTRATION FOR PARCEL A - w 1W IN IW E 1/2, SE 1/4, z SECTION 1, T7N, R66W S89°26'18"E ....... .. . . 160.00' in 0 PARCEL A O . . . ...... .. . .. ..'.. . .'.'. .... ....._'...... .'.. ..:. 18000 S.F. (0.413 AC.)M/L ::.'.'.'.'.. :. . :.'.':..'..':. ::.` \ 80.00' io TRUE POINT OF BEGINNING in o • O O ZO BOOK 1299, PAGE 9 N O MARCH 27, 1951 ni .o............ . . . . . . . . in 0 o LO O .. . .......... . . . . .. .... ... . . ..... ... ... El .................. ..... . ... .. . . ........... ....................... . ............ . ..... ... .. ............ . .. ... .. ........ ..... . .. . ............. ... . ...... .... ... . ... .. ... .............. . . . .............. .. .... . .... .. ..... ........ ............... .... .. ... . .. ..... ......... . . . ..... . ........ . . .. . . . .... ...... ........ . . . ..... .... ..... . ... . . . . ... .......................... .... ...... .... .. a 1322.03' 80.00' - - N89 26'18'W `\ N89°26'18"W S \ SE COR,SEC 1 3 S114,SEC i "LS 23513 1998" e"LS 286651999•POINT OF BEGINNING SW COR, E 1/2, SE 1/4, i SECTION 1 i !11.- I Sellards CONSULTING ENGINEERS / k & LAND SURVEYORS Grigg, Inc. • �/ 3O O 3 390 Union Boulevard Phone: 303-986-1444 5 Suite 630 FAX: 303-986-0994 I mm. �- i Lakewood, Colorado 80228 www.sandg4.com 1 COPYRIGHT O 2006 scale 1'1=3O' • • • Sellards Grigg, Inc. CONSULTING ENGINEERS/LAND SURVEYORS Sheet 1 of 1 TRACT A A tract of land lying in the east one-half (E 1/2) of the southeast one-quarter (SE 1/4) of Section 1, Township 7 North, Range 66 West, of the 6th Principal Meridian, County of Weld, State of Colorado, described as follows: Beginning at the southwest corner of said east one-half; thence N00°05'33"W, 185.00 feet, along the west line of said east one-half; thence S89°26'22"E, 160.00 feet, parallel with the south line of said east one-half; thence S00°05'33"E, 185.00 feet, parallel with said west line, to said south line; thence N89°26'22"W, 160.00 feet, along said south line, to the point of beginning. Containing 29,600 square feet (0.679 acres), more or less. • For the purpose of this description, the basis of bearings is the south line of the southeast one- quarter of Section 1, having an assumed bearing of N89°26'22"W, the southeast corner being an aluminum cap "LS 23513 1998", and the south one-quarter corner being an aluminum cap "LS 28665 1999". The author of this description is Norman L. Simonson, PLS 28288, prepared on behalf of Sellards & Grigg, Inc., 390 Union Boulevard, Suite 630, Lakewood, CO 80228, on November 1, 2006, under S&G No. 2006101-51 for Public Service Company of Colorado and is not to be construed as representing a monumented land survey. `\\\\N\\\`t41i111°tttttiii�� •o _ ytzL 28288 2:0- %_9" Norman L. Simonson, PLS 28288 • P:\survey land projects r2\_(2006101-51)Ault Substation PSCo\Desc\SE-Desc.doc 390 Union Boulevard, 303.986.1444 Suite 630 FAX 303.986.0994 Lakewood,Colorado 80228 www.sandg4.com I . MAR. 7. 2006 2: 59PM 1W. viu Security Co. 3690 w 10thSt 2nd Floor JG T 1itle Guaranty I"- Greeley,CO 80634 • Phone: (970)356-3200 • Fax: (970)3564912 • Thank you for giving us the opportunity to provide your closing and settlement services DELIVERY TRANSMITTAL DATE' March 7,2006 FILE NO.: S0121418 • PROP.ADDL: 17815 WCR 84,Ault,CO 80610 OWNER/BUYER: Michael E.Wolf and Karen Kay Wolf/Bome Light&Power Company Below is a list of clients to whom the attached materials have been delivered. Should you have any questions regarding these materials,please contact Security Title Guaranty Co.at the above phone number. Please review the attached materials carefully. Please Deliver To The Customers Listed Below: TO: Diversified Land Services,LLC ATl'N: run McClung 1633 S Lamar Street PHONE: 303-975-2866 Lakewood,CO 80232 FAX: 303-9389002 1.11 E-MAIL:CI DELIVERY: DELIVER&FAX It chocked,supporting documentation enclosed NO.OF COPIES: 1 MAR. I. 2006 2': 59RM IV. If l o F. c Report Date:02123/2006 04:13PM WELD COUNTY TREASURER Page:1 CERTIFICATE OF TAXES DUE CERT#:4047 • SCHEDULE NO:R0756186 ORDER NO:30121418 ASSESSED TO: VENDOR NO:9 WOLF MICHAEL E&KAREN KAY SECURITY TITLE OF GREELEY 17815 WELD CO RD 84 3690 W 10TH ST.2ND FLOOR AULT,CO 80610 GREELEY CO 80634 LEGAL DESCRIPTION: 18101 E2SE4 1 7 86 EXC BEG AT SW COR E2SE4 N95'E80'S95'WBO'TO BEG EXC UPRR RES(3R)%17815 WCR 88%SITUS: 17815 86 CR WELD 00000 PARCEL: 070701000019 SRUS ADD: 1781588 CR WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 TAX 1,189.32 0.00 0.00 599.66 599.66 TOTAL TAXES 599.66 GRAND TOTAL DUE GOOD THROUGH 02/23/2006 599.66 ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 0919- Authority Mils Levy Amount Values Actual Assessed ' WELD COUNTY 17.900 335.98 AGRICULTUR 33,752 9,790 SCHOOL DIST RE9 26.915 50521 AGRICULTUR 10,498 3,040 NCW WATER 1.000 18.77 AGRICULTUR 74.616 5,940 • NWC WATER 0.000 0.00 AULT FIRE 8.025 150.63 TOTAL 116,886 18,770 • AIMS JUNIOR COL 6.357 119.32 WELD LIBRARY 3.281 61.58 WEST GREELEY CONSERVATION 0.417 7.83 _ TAXES FOR 2005 63.896 1,199.32 . FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOIMER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTEDR PRIOR YO AITJOGUSTMITfANCE 1. TAX EN TSALE FtEDEMPR FOLLOWING DATES: N AMOUNTS MUSL PROPERTY BE FAID BY CASH AND MOBILE CASHIERS AUGUST SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS.THE COUNTY CLERK,OR THE COUNT,ASSESSOR. This oeofiealsdoes not include land or improvements assessed under a separate alum number.personal property taxes, transfer tax ormlac tax collected on behalf of other entities.spacial a local improvement district ass6sments or mobile homes,urtess specifically mentioned. I,the undetsi9tned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property aria all outstathe*mount requiremd for redemption sales for paid taxes te shown are as noted herein_Inwit witness whereof, have hhereunto set myan which Me same hand and sealseal m still be�3rdmed daay o February,2006. TREASURER,WELD,DONALD D.MUELLER.BY: I P.O,Box 458 I Greeley,CO 60632 }44--- (970)383 3945 ext.3290 I • li MAR. 1. 2006 3. 00PM v V 'V 03/07/2006 2:49:42 jbd RM • • rile N0.: 60121418 • STANDARD COMMITMENT FOR TITLE INSURANCE ISSUED BY Security Title Guaranty Co. AS AGENT FOR First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you.The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form,if you ask. • The Commitment is based on the land title as of the Commitment Date.Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements,Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY, IF YOU HAVE ANY QUESTIONS ABOUT THE COMMITMENT PLEASE CONTACT THE ISSUING OFFICE. iAGREEMENT TO ISSUE POLICY First American Title Insurance Company, referred to in this commitment as the Company, through its agent Security Title Guaranty Co,referred to in this Agreement as the Agent,agrees to issue a policy to you according to the terms of this commitment.When we show the policy ammmt and your name as the proposed insured in Schedule A, this commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in the Commitment have not been met within six months after the Commitment date, our obligation under this Commitment will end. Also our obligation under this Commitment will end when the Policy is issued and then ourobligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The Exceptions in Schedule B-2. The Disclosures and Conditions contained in this Commitment. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B attached. MAR. 7. 2006 LOOM pa, ° '° 03N720062:49:421hdRM • • File No.: 50121413 CONDITIONS A 1. DEPINITtON5 (a) "Mortgage"means mortgage,deed of taut or other security iushumeut. (b) "Public Records"mean tide records that give constructive notice of mattes affecting the title according to state law where the lend is located. (c) "Land" means the laid or condominium unit described in Schedule A and any improvements on the land which art real property 2. LATER.DEFECTS The Exceptions in Schedule B—Section 2 may be amended to show any defects,liens or encumbrances that appear for the fast time in public records or are crated or attached between the Commitment Date and the date on which all of the Requirements of Schedule B— Section 1 are met We shall have no liability w you because of this amendment. 3. EXISTING DEFECTS If any detracts,liens or encumbrances existing at Commitment Date ere not shown in Schedule B,we may amend Schedule S Co show thin.If we do amend Schedule B to show these defects,liens or encumbrances,we shall be liable to you according to Paragraph 4 below unless you lmewof this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment,when you have met its Requirements.If we have any liability to your Par any loss you incur because of an error in this Commitment our liability will be limited to your actual loss caned by your relying on this Commitment when you acted in good fkith to: • comply with the Regnitemeats shown in Schedule S•Section I or • eliminate with our written consent any Exceptions shown in Schedule B-Section 7, We shall not be liable for more than te Policy Amount shown in Schedule A of this Commitment sod our liabiiityis subject to the terms of the Policy form to be issued in you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim,whether or not based on negligence,which you may have against us concealing the title to the land must be based on this Commitment end is subject to its tams. DISCLOSURES • • GAP PROTECTION When this Company conducts the closing ead is responsible for recording or filing the legal decrements resulting from the transaction, the Company shall be responsible for ell matters which appear on the record prior to such time of recording or filing M£CKANIC' LIEN PROTECTION If you ere a buyer of a single family residence you may request mechanic's lien coverage to be issued onyour policy of insurance. If the property being purchased has nor been the subject of construction,improvements or repair in the last six months prior to the date of this comnritmem,tbetequir invents will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the stile. If the property bring purchased was constructed,improved or repaired within six months prior to the date of this commitmeeq the requirements may involve disclosure of certain financial information,payment of premium s,and indemnity,among others- ! The general requirements stated above me subject to the revision and approval of the Company. SPECIAL TAXING DISTRICT NOTICE The subject land may be locaned in a special taring district a certificate of taxes due listing each taxing jurisdiction shall be obtained fiom the county treasure or the county measurer's authorized meat and information regarding special districts end the boundaries of such d stricts maybe obtained from the board of county commissioners,the county clerk and recorder,or the county assessor. PHIVACY PROMISE FOR CUSTOMERS We will not revel nonpublic personal information to any adanal non-affiliated organization unless we have been authorized by the customer,or are required by law. CONSUMER DECLARATION STATEMENT This Commitment for Tice Insurance may include a Schedule B atxption reference to recorded evidence that amineal estate has been severed,teased,or otherwise conveyed from the surface able.If such reference is made,there is a substantial likelihood that a thud pasty holds some or all interest in oil,gas,other minerals cc geothermal energy in the propaty.The referenced mineral estate nay include the right to enter and me the property without the surface estate owner's pemissioa.You may be able to obtain tide Sera= coverage regarding any sack referenced mineral estate severance and its affect upon your ownership. Ask your tide company representative for assistance with this issue. I NV. °'° MAR. 7. 2006 3: 00PM Security Tale Guaranty Co. • • 3690 W 10tb$t 2nd Floor Greeley,CO 80634 Phame: (970)356-3200 Fax: (970)-356-4912 COMMITMENT SCHEDULE A Commitment No: S0121418 1. Commitment Date: February 27,2006 at 8:00 a.m. 2. Policy or Policies to be issued: Proposed Insured: Policy Antonia (a)Owner's Policy $ TO COME Home Light&Power Company,Public Service Company'� of Colorado and Xcel Energy $ 3. Fee Simple interest in the land described in this Commitment is owned,at the Commitment Date by: Michael K Wolf and Karen Kay Wolf 4. The land referred to➢n this Commitment is described as follows: Sec Exhibit A attached hereto and made a part hereof. (for informational purposes only) 17815 WCR 84,Ault,CO 80610 PREMIUM: TED Commitment $ 0.00 Tax Certificate $ 25.00 • ; 03/07/2006 2:52:54 jhd RM "" V10 I .7. 2006 3: 00PM ° 03107/2006 2:49:423'hd RM • • File No.: 80121418 Exhibit A A portion of the East Half of the Southeast Quarter of Section 1,Township 7 North,Range 66 West of the 6"' lit P.M,more particularly described as follows,to wit Commencing at the Southwest corner of the East Half of the Southeast of Section 1, thence North 00°00'00"East 95.0 feet,along the West line of said East'h of the Southeast''A to the Northwest corner of that certain parcel of land described in a Warranty Deed dated March 19, 1951,and recorded in Book 1299,at Page 9 of the Official Records of Weld County,Colorado,said corner being the Point of Beginning; thence continue North 00°00'00"East 60.0 feet,along said West line of the East'A of the Southeast''A;thence North 90°00'00"East 140.0 feet,parallel with the South line of said East'A of the Southeast%;thence South 00°00'00"West 125.0 feet,parallel with said West line of the East 1/4 of the Southeast'/.to the North right-of-way line of Weld County Road 84;thence South 90°00'00"West 60.0 feet,along said North right-of-way line to the Southeast corner of said parcel;thence North 00°00'00"East 65.0 feet;along the East line of said parcel;thence South 90°00'00"West 80.0 feet,along the North line of said parcel,to the Point of Beginning,being a part of Lot B of Recorded Exemption No.0707-1.4-RE-4264,recorded February 17,2006 at Reception No.3361553, County of Weld,State of Colorado. i MAR. /. 2006 3.UUVM 03/07R0062:49:42 1M RM Pile No.: sorztare • Form No.1344-BI(CO-8B) ALTA Plain Language Commitment ill SCHEDULE 8—Section 1 Requirements The following requirements must be met: I • ! a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. b. Pay us the premiums,fees end charges for the policy. c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent d. Provide us the "Affidavit and Indemnity"signed by the parties listed in Paragraph 3, Schedule A of this Commitment and notarized. e. The following documents satisfactory to us must be signed,delivered and recorded: 1. Warranty Deed sufficient to convey the fee simple estate or interest in the land described or referred to herein,to the Proposed Insured,Schedule A,Item 2(a). ' 2. Release of Financing Statement from Michael Wolf and Karen Wolf, Debtor, to Diversified Financial Services,LLC,secured party,recorded December 8,2005 at Reception No. 3345822.Illi NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS 5100,000.00 THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF CRS.39-22.604.5(NONRESIDENT WITHHOLDING). I • MAK. I. I000 ]:UUrM 03/07/20062:49:42r7MRM • • Fite No.: S012141B Form No.1344-82(CO-88) ALTA Plain Language Commitment • SCHEDULE B-Section 2 Exceptions • Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,or claims of easements,not shown by public records. 4. Discrepancies,conflicts in boundary lines, shortage in area,encroachments,and any facts which a correct survey and inspection of the land would disclose,and which are not shown by the public records. 5. Any lien,or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by • law and not shown by the public records. 6. Any and all unpaid taxes,assessments and unredeemed tax sales. 7. Reservations made by the Union Pacific Railway Company in deed recorded February 3, 1992 in Book 106 at Page 198,providing substantially as follows: Reserving unto the company and its assigns all coal that may be found underneath surface of land herein described and the exclusive right to prospect and mine for same, also such right of way and other grounds as may appear necessary for proper working of any coal mines that may be developed upon said premises,and for transportation of coal from same;and any and all assignments thereof or interests therein. 8. An easement for electric lines and incidental purposes granted to Borne Light and Power Company by the instnnnent recorded April 2, 1951 in Book 1301 at Page 449.. 9. An undivided one-half interest in all oil, gas and other minerals as reserved by Anders W.Anderson and Frances 3. Anderson in Deed recorded January 12, 1959 in Book 1522 at Page 113, and any and all assignments thereof or interests therein. 10. Request For Notification of Surface Development recorded May 28,2002 at Reception No.2954761. 11. The following items as set forth on the plat of Recorded Exemption No.0707-1-4-RE-4264,to-wit: a. Notes. b. Rights of way for Weld County Road 84 and Weld County Road 37. NOTE: Item(s)7 and 90, above refer to recorded evidence that a mineral estate has been severed,leased, or otherwise conveyed from the surface estate. El • • Exhibit "B" • 600 , • n90°00'e Additional Acquisition Owner: Michael E.&Karen Kay Wolf 17815 WCR 84,Ault, CO 80610 El/2 of the SE]/4 of Section 1,Township 7 North,Range 66 West,6th P.M., Weld County, Colorado a Except part to Home Light and Power Recorded at Reception No.02176043 Sale Date: 3/2/1989 North L 0 O o< y = C • 80.00 n90°00'00"e 0 Additional Acquisition $ Owner:Home Light&Power/ Xcel Energy g 8 .359 Acre Original Tract,Book 1299,Page 9 g Acquired 3/19/51 .119 Acre :90=0000" 80 00 ft -: r" 80 00 vmF ,.. :A.,t IXm y fY' } Vf-0,P .N- 4 c, .ittrSW Cor. EI/2 SEI/4 160 00 SE Cor. E1/2SE]/4 Title: Ault Substation Upgrade,Adjacent Landowner: Michael E.&Karen Kay Wolf Date: 02-02-2006 I II1)1!II III IIIII 1111111111111111 III 111111111 IIII • 3375755 6 02:26P Weld County, CO 1 of 1 R 6.00 D 8.00 Steve Moreno Clerk 6 Recorder 755 WARRANTY DEED • THIS DEED,made this 28th day of MM�./2�,�Q-0006,between MICHAEL E.WOLF AND KAREN KAY WOLF of the County of Weld and State ograntor, and MICHAEL DELANEY whose legal address is TAD Weld County Road 37,Ault,CO 80610,of the County of Weld,State of Colorado,grantee: WITNESSETH, that the grantor, for and in consideration of the sum of EIGHTY THOUSAND AND 001100 DOLLARS ($80,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property bgether with improvements,if any,situate,lying and being in the County of Weld and State of Colorado described as follows: Lot A of Recorded Exemptiah No. 0707.1.4 RE-4264, recorded February 7,2006 at Reception No. 3361353, being a part of the East Hat(E1/2)of the Southeast Quarter(SE1/4)of Section One(1),Township 7 North,Range 66 West of the 6th P.M.,County of Weld, State of Colorado also known by street and number as: TBD Weld County Road 37,Ault,CO 80610 TOGETHER with all and singular the heredtaments and appurtenances thereto belonging,or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof,and all the estate,right,title,Interest,claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. 0 TO HAVE AND TO HOLD the saidbargained pp 0 premises above bar fined and described,with the appurtenances, (\ unto the grantee, his heirs and assigns forever. And the grantor,for himself, his heirs and personal �J representatNes,does covenant,grant,bargain and agree b and with the grantee,his heirs and assigns, that at the time of the ensealirg and delivery of these presents, he is well seized of the premises above it. conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple, and has good right, full power and lawful authority b grant, bargain, sell and convey the sane in Q. manner and form aforesaid, and that the same are free and dear from all former and ober grants, bargains, sales, liens,taxes, assessments,encumbrances and restrictions of whatever kind or nature whatsoever,except: general taxes for the current year and subsequent years subject to restrictions, reservations, and covenants of record and except easements and rights of way of record,it any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. • The singular number shall include the plural,the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this ( 2// on the date set NOW E.Wolf �n� l. et forth above. 7 p[� !/V Karen Kay Wolf STATE OF Colorado COUNTY OF Larimer I,Sonya R.MaVeenan,a Notary Public of the County and State first above written,do hereby certify that the tangoing instrument was acknowledged before me INS 28th day of March,2006,by Michael E.Wolf and Karen Kay Wolf. W my hand d id eat Sonya cAleenan, la u tic My Commission Expire : 01/22/08 .Attar're^cMor^d.in'g�return to: gpNYA R.McALEENAN t- NOTARY PUBLIC i�v/a�,l.�� W. STATE OF COLORADO Prj.t1LT ea solo lo MyCnmr1ccbon Eennres 01122/2008O File No.: 1421422 . INDIVIDUAL TO INDIVIDUAL WARRANTY DEED(IndNdue I) Chicago 0 •CERTIFICATE OF CONVEY • CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD • The Security Title Guaranty Co. TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records,and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGALDESCRIPTION: The East Half of the Southeast Quarter of Section 1, Township 7 North, Range 66 Wes of the 6th P.M. , Except parcel conveyed by deed recorded in Book 1299, Page 9, County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): ReceptionNo.2176041 ,Book 1779 ReceptionNo.2172640 ,Book 1776 Reception No.1 R 17461 ,Book 890 ReceptionNo.179519R rap% 111 ,Book 1522 Reception No. ,Book Reception No. ,Book Reception No. ,Book Reception No. ,Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, • Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of Security Title Guaranty Co. COMPANY,is hereby limited to the fee paid for this Certificate. In Witness Whereof, Security Title Guaranty Co. COMPANY, has caused this certificate to be signed by its proper officer this 7th day of August ,20 06 , at R•Ha- n • Sprority Titlp auaranty Co Company By ut prize S' nature SECURITY 3690 W. 10th St,2rd Pr Greeley,CO 80634 TITLE yPE O 970-356-3200 1,.....A ,-;[_-.1i.-L''-T i' C F 970-356-4912 • 7 A th pre, }iota,,.." ' t s • , 1 14 all Istie1)'Sa t. ', u n h•AI 5ryt ? �aa u tt. ,p•'. t�ydl .I t,n 1 '.74:.„1 1's d'A,?1:14 rV ~ ,t r /:1'..'.'.1):-N L-.: 'e"( b r. •t J'i tor' 4. r}•el ,t, h YReXoa...'t�9'ry aNrr ^{..: �`-V!I.sI M.k .._...✓.....,,. {.�"' +„ eoOK 8� �. DECyy' • '. t: Recorded M /a o' C.2.n 1919 �� PMe 4✓..l< 1812463 •• Re o der. �j o' dB ; i C �dY^ ;; THIS DEED Is a conveyance of real property from the person(s)or legal entity lamed below as GRANTOR to the �-t 'v',,.t 1 person(s)or legal entity named below as GRANTEE. ,C • ':.3 I c. The GRANTOR hereby sells and conveys to the GRANTEE the real property described below with all its appurtenances,and the GRANTOR warrants the title to the property,except for any particular matters described ,_,.o ':sa i o below under"Additional Warranty Exceptions"and except for the lien of the general property taxes for the year of a 2 this Deed,and except for any of the following matters evidenced or established by recorded document:easements, ` i, rights-of way,mineral reservations or grants, mineral leases,and protective covenants and restrictions. ,• tt the Grantor intends the Deed to convey less than his entire interest in the Property m d the Grantor intends u•imPoae rntri<l,Pn on the a at; .'. Grantee's use d the Property.then appropriate Language has been added below under"Reservations And/Or Rnnictims". .'u' U there are tumor more Granters named in this Deed.they are accepting the conveyance as tenants mammon,unless the acids"posit tenancy -7 I. ;`•,try O with right d sue-worship"a'Saint tenancy"have been added below under"Form of Corrwnership- O t !' 'E1 The Grantor a<Mnou4tdgesthat the.eb goal and/or valuable caurkrationtor the Deed.and that the cansderatonn adequate,the indeationol , :w. l In a dolls amount below under'Consideration"does not necessarily mean that the stated amount is the only cortuderatnn for.the Deed.and the _ IL•n- �2; = absence d a stated amount under'Comideraton is not wended so indicate chat there:4 no consideration for the Deed. n _ f.,n- -CS' n The following information completes this Deed: <_: a.r t., A:41 GRANTOR Give Mantels),Maesalu).rN WiW Srrus) r� F.1'.• i'Q MARTHA WOLF I , •. Route 1, Box 189 I Stcte Documentary Fee ; .C OECen , -_; AYikalorado 80610 2 0 1919_ _ ^_ �. : e, cn GRANTEE,(Ga.Nr,Ms. + Date______.. .. .- • . _ 4cn WOLF FARMS, a limited partnership $ JYn q o � Route i, Box 189, Ault, Colorado 80610 A PORN OF COOW,En9r, 9.P. „. PROPERTY DE51�nON A..,L, • The East Half (Eli) of the Southeast Quarter (SES) of Section 1, Township 7 North, ,�,,„ .I?`-, Range 66 West of the 6th P.M., Weld County, Colorado, together with the Anders W. '>�^5 '<s Anderson Section 1 Well System, consisting of three (3) wells, as decreed by the ;f 4f District Court of Larimer County Colorado on September 10, 1953 in Civil Action No. .. -737 11217, entitled "In the Matter of the Adjudication of Priorities of Rights to the .K -or use of Water in Water District No. 3, Water Division No. 1, of the State of r7 =30 Colorado", a certified copy of which Decree has been recorded in Book 1373, Page :;,A 526, Weld County records. s : ?, 'alp s f,_ n �'� PROPERTY 4001655: Route 1, Box 189, Ault, Colorado 80610 te - "\ s i$. .* CONSIDERATION. Ten Dollars and other good and valuable consideration •,.': `• '+ . sESERVafNS AMOR RESTRICTIONS dt„one.lean,Manbt y 10 '. `,.n... r'./, j '9 ADDITIONALWARRAMy EXCEPTIONS di none lone welt Excepting therefrom that portion 95 feet by I 80 feet lying in the Southwest corner thereof conveyed to The Home Light and Power ski Company by deed recorded in Book 1299, Page 9, Weld County records. F `'. Signed on November 3 , 19 79 _ . yMNeenteer,y, �/ (V /��E P SCa` 44 / 1 Grantor + r" #]J4// QTA — Grantor S sa 1• C‘ifiliF fib �— .Pt 79 was srkrwwledysd helare me they 3rd ‘dtWol �vember j,Yy. It WIth andnBRWI.eM I7(-1-/E4.tC chunk r: MVO June 27, 1991 Notary Public ' !WAIF.or ) „ ';. COUNTY OF I :5 fhekoronaIttnm. wws fit ltne lldudWWImelhlt dayo( ,19 by ` : WrINV_4etehand and elheS will Wonsan,twin ,�.r, •� Moiety Pub& .. , f i�,1��' "° .. agi/pa in 1 t,� 1b,'L'Z irk 113 •L......:;,10:02. ` '• "awls'It. 1?t)?jf i;tli .he echs oast.. s iO fiesi Pzaa. .. .) ' •^; . A4i�. Asas ,sd pats!►'J AtID�sCD is ',4________-- .� �d .rew.ru..r .- .12••• ••••sll. • .C- *War vslab3s .sdtntion..and Tan - - - - Dam r.etihtLswyase.swrfi• v ..an.Oj_sd:*aS nr.0 la JOINT ISAiDDI: --+• : �. . r.. Orsgr. hell _ .., .-.... -.,.:.:..•-•.uc,+.r�. --- - 1' Y1.rr�1M W.ssaeea Soli b O. Lfisw d sold , • ' TS bet au (!). d a btt. swttst%(ante (at) of Scotian ate (1) t• is awa'(7)) Metkii,awe si=tyiwe (61) test at tbs 6th P.M. tCSIber,,oitk.fl srs,11., a Matte 1IOU gists, cauiniat t jtr€tbe!ter(3)cr5111 sedim sse,bf this Diutrist Court or falser County . Csl rsds`a sap 41r,101.1953 brCivil Action is. 11217► entitled 1.P,,- . ;,71.1 ..atrtr:af�tbs Adlidiatla or priming. of night@ to tbs afe ; il3lt rtt ills' lbt.Lt'Iea'3 gator Distilsn.le. 1, or tin State :I. ---i ` at nens*rite,s lfia.etpy et whisk Deena Its beat recorded in 119* 1371.ktsne�91e $514 Cessst Retards. W SIncD!r -f'tmaid elan dearth,' tact that partial 95 fast by • s0,taat lyfaubt*5$atha..tveiner thereof conveyed to 11r Nose • -L'skf and 1. ,,.1 C * q ee .by.deee recorded in Hook 1299, Pere 9. , d '- Cea y 'band..► .. r - flSTE upte Creators, se Joint,tai nts and net as tenants it � .• •M'wss e,ltwldud a.•SU Mt.rest:in and to ill, oil, gas and ether Sete -iaesa'nt1att tbr'anrrses era the above described lend, together sitb'`1M to113!i*t t0,,sita w�ttaa Mid:pradass and ono so gab Of tbs -' .!!kiss •st: 7 su ssblyjl. necessary for spare ties, drilling, ;.`. Ida": :. •' t Dt�iefillielawretf.; ......".-.\ -- v p, r I It is hereby da7ared /k. sMrso Y1O..essr,lgd•fn Met Tamar *nab---' .W alai'aver st goes dUt te i!.s.rwstia or sal by too Gale Pacific tetrad Csmpspi ridtts-or way for Canty la dsh as/.to lb. Raw Light sad:/tear Csap sy.for poser tnaaaiasla lima rehab right of say is reserNd in seek 1301, hp 499, Dell Gawk" awards! to in.Laie within Northern Colesds Dater Cenasrreey District soli vest Greeley Soil Cossr7Otia District. •••• .-- - D - r .Lae ,.semiW ea...l it /e JetWrl J 99 b ar parr• 1 a:4LS •/1.'' L f.Kl/trash , any .1.. yr s' : .r..Ta OF cat.onDal_ - cardrNlL r • TM Lvia Irrsr a s • ...--. absada l.is.r ah /e S s ,}teary 2,59.be Asters D. Anders ad Ptasss J. Andsrea, and each or t• �- S amass W ama me add rat ' rt. ., �- s, 'graham'''. bat!L 19t0. " fi' w 4 sij Actier- 1Nr,rrr. - ,.,.` N R !„�,,,,...._4_,....4,LS 1.1tea 7= ... - . - — :.eerie N.1 10x471) A1siD®rwve._.-renew. . i Tms Ds®,Ned.w. 19th *rid Narch inthe gar d el lw om u.e.w el.,banded d . fifty-one rm., Anders M. Anderson and rZp� Frances J. Anderson N{ atiltatilt - Caeoof Meld : . datordCYweiydt pa rts • fan . The Hone Light and Power Company aa.rannpaY organised and nbthrg ander d by Wren d the s !<:r. an m.err d'COloiido .dasrandpanr •_'_-.t•j.. . Whellmayw,Tat W said petits star lire tat,Se and r a.ae.sao et W ad ,- TEN DOLLARS ($10.00) and other good and TaliRble eonsideratimttstusa. ',to tin said part lee etas ant pert in band pay by a as as hl patty et as sexed pee, tempt edited lo UST coedited and arevbd[d.bane grants{haresad,alt d e.ad,d an r by M pest do . 1' avant banal.,sell,wavey and tr aaa,tole W add party d as read Part,lb eae..m.and.ay.breve; 1. all W fdbwteg described let .pond 01501.drag bra ad bagel as d Weld d Soto d Greet..Mee: - t A parcel of land in the East Half of the South_ • !: -�11 east Quarter (E4SEt) of Section One (1), Township I Seven ':1' (7) North, Range Sixty six (66) West of the Sixth PM more particularly described as follows: beginning at the Southwest corner of the East Half of the Southeast Quarter (NteE*), thence North Lr5t) 95 feet along the West boundary of said.East Half of the Southeast Quarter (EiSE*), thence East 8) •.5q feet parallel to the South boundary of said East • ---._. Half of the Southeast Quarter (E}S3}), thence South 95 feet, thence West 80 feet to the point of be_ • - ginning, excluding that parcel of land previously . conveyed to Weld County for public roads. Q el ). • MIND=wlO all d d.aatar W teeth ern and separator thereto W.adaa,. to anywise npetant d the reads d nnnia.,meatier d teaadd.ee was,a at pots thresh d as the gWte.rigM,tek.Stoat,rrba d demo whetos,e d the meld pestle! der hat pan,either M law e smith of,In and rat aim bargained pulse.with W bnn.itorto d app.daeaa. TO HAVE AND TO NOLO W mid palm are baradad d deserted.with as., .t.e.a.tote the sold part d the atoesa.ma ad.alas fame.And W taco parties of the fret pat,for them ayes, and ad.6ist liter,do tot'asat,Pet,bargain and aam to and with the said party of W peat pan,lb se.antes d rata,that at W theo d the gestalts and ddir.y d that pr...ta, they are well imbed at as area acre ea..ped,as d gad,tow,pedal ahaehda tad indefa.ible ante.f i.Vlnasa.la kw.M fan.l pay d ban good Wahl fall peer and lawful authority to Paa&b.gata.sell and away a.sae to seed tea a dens t.d thee as tam an free and Orr frees an former and ether Papa banl.t ale.Sean teas,sew d heasarassea d.ban er had.earn sae. subject to Deed of Trust dated larch 22, 1950, recorded in Hook 1266 at page Snip Weld County records. • sad the above vegans sines is W pet ad pensbla pa—'—at as ad pet d as senaa pan,lr 'a semeae sad sages.sweet all ad an pea se pane Waft aiming.to Ode as whet.any part iba,d.W said pale, d as ea pan War IS will WAaYM AND NOW=De'ap10. , j . , IN comae:tpIEf5OP'lira set}thin d the Art e Settee Vi~.at t their ra .. I." . Wants as day and yap ent allegemeta x mint.stand d Daher.'IN as near et `1 s - ::. { -t r w �Jt'a.;"`644. .e/esatsAso: faYL) i" -1 cue/.L.:. t.vino, •of , - , ` �. •. 1 i 2' .. {y�j rr.Weaarerrtiroo� ' se t - 4d .]arch i 3 x f F � r .. a T� l Y N y .� w= s. �1. ♦ and I�i•�. _ „�i ii , at- a ran x I eI -c Witt ;i 9 3;ii' iiir II it l6 4 1b! Ia, et ° I. r! IR It ° ,hi illIII Ii z�g II I*'- III 'F It' • tiIl '' I ° •I ° i� ,,iii 13_ 7F I Ifi}- r % '188885 'I t'IV 2 F hI l t5 i d ge irti.III III SF ! III Iiit ?J �� ' 1 IU E3 Y8 FF !1 t-1 f• i} II 1 F .\ _t_ I.!-E Qi i'i e has !1 I Hai i I iI I I- °i 1 iI RIli iii I III iti i fr I , I Itr I I. Orc r I 3 0 ea `f! E( I p { O O O `I 1131 E !Fi iI i;°ia is ,i ill ] E Ill,' 100 ti pl ill, III ll E p F- _ °o lot lilt' i 1 1{ E ' i:i`t II i` ;II Ili'lliIl 'Bill!! I 'Milli III' !Ili' ' Z p C ` Ili iiIii Q iii I I4I l.li 1 ;i Ill i1iflillii IIIIiif ill Ell 1liul sill' e igaKO IIi If Iii �' IiI � f � � II ;rill I 13`I E 1 I ' t'iT3 II 13 nPli I I II E'! I PIE I ,rt ° O g p C i�! =i1;° }{ Ill II I!i ' I°' , 1II III :iI Ii (ti11Pi� Ii L�i,!!Ii{1I Bill i`1 { Ili II iI I19I ii n It Ii III/I y 1 6 O rz' N ' I 'Jill I I E . '° li II i 111 t1 Qi' !ill. i Ei 1.11!1 IIIE1 p W Ii I § f iI° ti{[ 1 Ift 1 °. l�e i/► IIt I ' ilf �' 1 [!I ' II Iihll'iP i 1'lI 11 ! fl0 Ili ii. QII iQIE' I ( ' i IiIII IIIi I! ll ;f illi � ' ll: i ; illiii I lirtIIII i1IIII II II III ! IIii : ir! fIrI itllf ° II , 1 rl ° III III ! I ll l'Il li (i t 1I !!�il ''i I liiiI iFI e IIi 'I i III i� 1e I`t I'i ;I �It i iFIiIEI li ° I /I11it fI f !i'I I ry Itj {l1elr Ij!q ,! IE It� !Ei1°fiili°I tMI II i ! 111111 O s S t; it. II iII III EI I it if ! t °, rl11' II, IibiIbiiiii UW jt i . i 111 EII li� i { Itp ; ; rt 1iI3! II IIi Ii EIe 3 5 • Ill .i II I I h IiI! to iiI 111t1i ! liI iiI HHlit,ili lilili it iii; W • F = • t d I I4 *LC 101A�i . . - I:i lI . �� — W —tsj UN e Ilo i I PI pi u° ICI 6 ,= I_ : i1I °Ei1I ' d S a. I9 E):: /i� II • ,_ !s - . II -I ill ' II I �( I4Q ➢ 19 11 I Q f 31E Q 9t�1 Si. Qi; Q E DI I p it II !IFLls1ilIj ° 3 1 ! ¶ I I 1 I9I II I! = !9 Ief1 �F ....a,-.. o r..W. e 3 ill it tEe.I ti 1 1I ?' ` 1 la!;11 HI i. , it '6 I NH l i i I�1 1 Ii j ilk FIB i� Si IlL litt ii ' IILL II ipIi Ii II 1! II nee � F g ils i ' W,i I I h F 111!' ixjifi ;; /;I S igur P i IMIII is II • • B 1128 RFC 02069442 09/15/1:47 $3.00 1/001 AR206 42 F 0137 NARY ANN FEUERSTEIN CL RI< & RECORDER WELD CO, CO MINERAL DEED • KNOW ALL MEN BY THESE PRESENTS, That ANDERS W. ANDERSON 313 Governors Boulevard Billings, Montana 59105 hereinafter called "GRANTOR," for and in consideration of the sun of One and no/100 ($1.00) Collar, together with other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell , con- vey, transfer, assign and deliver unto ANDERS W. ANDERSON and FRANCES J. ANDERSON 313 Governors Boulevard Billings, MT 59105 hereinafter called "GRANTEES," each to own un undivided one-half (1/2) interest of the following: All minerals, including oil , gas, coal , and other hydrocarbons in Weld County, Colorado and more particularly described on Exhibit "A" attached hereto. This sale is made subject to any rights now existing of any lessee or assigns under any valid and subsisting oil and gas lease of record heretofore exec ted; it being understood and agreed that said Grantees shall each have, receive, and enjoy the herein granted undivided interest in and to all bonuses, rents, royalties and other benefits which may accrue under the terms of said lease insofar as it covers the above described land from and after the date hereof, precisely as if the Grantees herein had been at the date of the making of said lease the owner of a similar undivided interest in and to the lands described. EACH OF THE GRANTEES TO HAVE AND TO HOLD the above described property with all and singular the rights, privileges, and appurtenances thereunto or anywise belonging to each of said Grantees herein, and to each of the Grantees' heirs, representatives and d assigns forever. DATED: /�%'-'-'1 07'U 1986. Gra A W. AN R f/ STATE OF MONTANA : ss. County of Yellowstone� )p On the u day of 1986, before me a Notary Public for the State o Montana, persona ppeared ANDERS W. ANDERSON, known to me to be the person whose name is subscrib to the foregoing instrument, and ablinticAcigpd to me that said person executed the same. .4k77,1%-WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial sealta4 Ay Karla,year first above written. f'-' ..'�'"s• Lary u lc r t e tate o on ana • Residing at: Billings, Montana . My Commission expires: 7-- - f-cr% • B 1250 REC 02199364 1 /89 11:42 p 10.00 1/002 PRODUCERS 98•PAOD LP F 1457 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Rev.5.60.Not WA PU2 A9219931.4 , OIL AND GAS LEASE ' o DDS AGREEMENT.Madv und,.ntred loin uo- 13th des.of Noye[flt`eL .19 89 .baw,mbbetween a oxi,66= too'ciar_t `nd0 rson_a $j.Dcc.£—Man 22338 - 2Qth_Ave—, Geee''ev. CO 80631 ,hereinafter caned Lows,(whether rn)and W 1174n a_Ass orates 1 c 1A60 t nrr 1n Cr- Dpnvidr cc Re7g5 h f 5f. r. e OITNES I That the for id " 2 Mnrc (SiI 00 R MOM P1 ImaARS cish in hind. 'b 1;Witch : 1 d al d o e'c hereinafter d h' Wad and d by thew is a:es trn demise.lease and . rely u me sa d Lessee to land hereinafter dese mcyln the n r xpler b ph s:esl a n mods,and opemine for and producing therefrom a lea d{8 easel 'g nu ;arouse n iu . way and is for It epipe i and ewe bon of structures thereon w produce ea fd' the of'odd awe:poeproducts.all that ee,tain tract of.and situated In the Count of Nei rl cos state of feel nredn ,described as follows.to-wit: TOWNSHIP 7 NORTH, RANGE 66 WEST, 6th P.M. Section 1: E4SE4 less and except a tract 95' by 80' lying in the SW corner thereof as described in Deed recorded in Rook 1299, at Page 9 Section 35: SE': ,tie umainina 740 1 ,Ores inn osa Five. (5)WAWA I. It is agreed that n lease hall remain in force for ff'/i t that a long thereafter as oil or eat of whatsoever nature arkind' producedl 'tll- d p pooledtherewith. drilling e operations are continued as hereinafter provided. I flit the t expiration f the primary term of this lease,oh or gas's nut Milne produced or.the leased premises or on acreage pooled therewith but Les is then encased in drilling or ru oeking u 6lhenon,then this leave shall continue he force so lone as operations Lae being continu- ously eprosecuted on the!eased premises o te1 pooled therewith:and operations shall be considered to be continuously prosecuted if not more than y(Jot days.shall elapse between thhe Completion or ubandOnment of one well and the beeinnint Of operations for the drilling of a ubso u If after discovery of n;l or said land a led therewith.the production thereof should cease thorn a any cause chic,thenp .this lease shall not terminate it Lear. saaditi nal drains or eeworidnetoperations withinninety(90)days from date or mesa Lion of production or from Cite completion Lessee e yhole, If sit or gas sholrbedaroveeed am produced of a result of such open. after the espoati of the pees term of this na.w.rthia tre,.maC continue in forts s0 lone oil or gas isproduced from the leased pro holed foes i il. or after eta PAID-UP LEASE.I consideration of down 0155 payment.Leaver acm55 that Lasses mull not be obligated.except as outer enorov;dm herein,t0 operations during.the Wimary term. Lessee may a any mime or Limesduring or after the pri- mary term surrender this lease commence or an apori,on or said:and and as w any strata en stratum by delivering to Lessor or by filing for record a release or eeleuars.and be relieved of ail vesication theraamr beery:nu as to the acreage surrendered. a. L consideration of the premises She mud Lessee covenants and agrees: • 1st To deliver.free of cost.to the lessor of he well or to the cream of lesser into the pipeline to which lessee may.connect its well,an equal one-eighth (118th)part of all of produced and saved from the lease premises Or at the lessee i option t0 pay w siren ec the lessor for s onecthrh Wahl the market price at the wellhead for all of a like grade and gravity pre.miing en the day etch oil is ran into the pipeline or storage tanks, 2nd,On gas gas condensate.gas distillate.csmghetid 4 and another Gases.Including their constituent pants,produced from said land and sold or. used off the lease premises or in the manufaemre of gasoline cr other preduc¢,lessee shall pay to lessoraaum equal to oneeighth WSW of the pros u ed thin the sale of such produced substances where the same u sold at the mouth of the well Or,if not sold at the mouth of the well,then o th I t19M)of the market value thereof at the mouth of the welt bat in no event more thanuneeighth Ilt8thlof the actual amen[received b lessee for the sale thereof. 3rd.II gsa thorn any well or wells on the premises capable of producing gag in commercial quantities is net old or used off the or in the man- ufacture of gmoline far a period of one(1)pear or more during which time there is no ether pmducien from tee lea a premises,then lessee shut became obligated N pay va roypry for.such annual period a sum eggs)to the delay rentals Provided in Paragraph 4 hereof.whether during or after the primary term.In consideration of the obdgaton so to pay.it shall within the meaning of all the terms of this kse,including the habendam clause,be conclusively deemed that can is being produced from the premises during the time such gas is not sold or used. 4. Where gas from a well capable of producing gas is not sold or eon Lesoec mar Sly or tender as royalty to the royalty owners One ter Dollar per v per net royalty acre and hereunder.ooeh payment or tender to be made on or s before the anniversary dace of this lease next after the a of 90 days eom the date such well Is shut inand.theeaftee on or before the anniversary date Cl this lease during the period such well le shut in. If such payment or tender is made.it wall be considered that gas is being produced within the meaning of this lease, 5. If said Lessor owns a less interest in the above described land then the entee:mt.undivided the simple estate therein,then the royalties (including n shut see royalty')herein➢rovided for shall be paid she Lessor only in the proponlen which Lesor a interest bears to the whole and undivided tee, a 6. Lessee shall have the eight to use,free of Lost gas,oil and water produced on said land for Lessee's openten thereon.except water Iron the wells of Lessor. 9When requested by Lessor.Lessee that bury Lessee's pipe line Leiow slow depth, . No well mall be drilled nearer than 200 feet to the house OT barn now on said premises without written consent of Lessor. 9. Les 'shall pay for damages ¢el by Les ratio rcpt said land. 10. Les: shall have the right at any time to remove all machines andefixtu on placed on said premises.Including the eight to draw and remove ite cosine. elella of p and Lessee hereunder may be assigned in whole or:oath.No ehanee'ie ownership of Lessor's interest(by assignment otherwise)shall be binding on Lessee until Lesser has been furnished with n unng or certified eep;et of all recorded mauuments or or and other'come necessary establish a complete chain of record title from Lessor.and then only with n to payments thereafter No other information o whetr actual e.shall be binding on Lessee. No Present or ffuturedivision of Lessor's ownenthip a a different p or parcels of said lane shale ceperate to matte to oblippona oed minish the rights of Lesx and ad Lessee's operations may he conducted portions reeved to such division. If al:or part of this lease is assigned.no leasehold owner shall be liable for any of anyother leasehold owner.n y u0`2.a Lessee. 4 option.is hereby given the right and power at any tiros and from time to tune as mng right.either before or alter production.n o allioa y pan of the Lou described herein and as to any one or more of the formations hereunder.too pool or unitize Lshelease- hold estate and ttthe m any estate Levered be this lease with other land,lease or leases in the;mmediate vicinity for the production of ail and gas. or aedlele for the production el either,when in Lessee's judgment ll r advisable to do so and inrosective of whether authority mile to this exists with respect wother land.lease or leases. Likewise.necessary previously formed to include formations not peodeung of or y be reformed to elede such nomprodunine sash-predun;ce formations. The toeminu or roforminaof any Wait shall he accomplished by Lessee executing g as. may of record a declaration or each unitization or reformation.which declaration shall dese e.the unit. Any unit may include land upon which a well has theretofore been= mplctm o'npore watch o rations for drilling have theretofore been commenced.Production.dnuineorre- nirhmaadea thallp ueduc nedrilliing o anus operations.oroa w.lsshut in lo'want of a marker under this learn{iv part of the royaltieselsewhere herein spec tied,in[wdlue shut-in easwroyalties.Lessor shall receive on production horn the ants so pooled reyaulas only on the portion of sort production allocated to the lease:such allocation snail be that proportion of for unit production that the total number of surface acres covered by this lathe ' and included inRhe unit hears to the total number of surface➢cres'in such eon lnaddnioaso.theforegoind.Lessee-shall have the right-to unitize, nol,o[ l combine ail any p of the above deser;bcd landsos to one or more of the formations thereunder with other lands in theome general • u bye oopnnllve or of development Scoperation approved be any governmental authority and.trot,time to time. wiW tlkt^upproval,i modify,ehandeeo such plan or agreement and.in veld-event.the to conditions and ptovui sof this lease shall be deemed mod;lied l0 onformeto terminate conditions.and p of such approved cooperative or unit plan of development or 5pera Dons And,particularly.all drilling:and development requirements of this lease.express or'mpeied.that be satisfied by compliance with the drifOng.nddeentopment requirements of such plan or men[ andthisleese shall not terminate or expae during the litho(then plan oeagree- In the event that said above desenbed lac y part thereof.shall hereafter be operated under acv such cooperative or unit plan or developmentme operation whereby the production therefrom is allocated to difeeene portions of the land-covered by said plan,then the erodes. m allocated-to any particular tract of land shall.for the purpose or computing the royalties to be pad hereunder m Lesor,be regarded as Navine been.araduced from he particular tract of land to which l: allocated and nor to any other react of Leath and the royalty payments to be made hereunder to Lessor shall be based upon production Onlyas so allocated. Lessor shall formallyexpres s Leof t0 s consent to any 00enYve or unit plan Of development of operation adOstod by Lessee and approved by any: total artery by excavating the same upon rtques of Losee. 13. All express or implied co v u of this lease shall be bleet to all Federal and State Laws.Executive Orders.Rubs or Regulations,and this lease shall not be torm;nated,;e whole or in p t.nor Lessee held sable'as damarrs.for failure to comply therewith,if compliance is prevented by.or if such failure is the result of,any such Law,Order,Rule or Regulation. 14. Lessor hereby warrants and a o defend the title to the lands herein described.and threes that the Lessee shall have the right at any 'Arne 00 redeem for Lessor.by payment any lmortgages,u ether fens on the above described lands.in the event of default of payment by Lessor and be subrotated to the rich¢of the holder thereof.and the unders;ened Lessors,for themselves and their heirs,successors and asigns, hereby su ender add re all right of dower and homestead-in the premises described herein.insofar as said right of dower and homestead may in any way effectt he patio see for which this lease is made.as recited herein, 15: Should any one or more of the parties here;nmove named as Lessor fail to execute this lease.it shall nevertheless be binding upon all such pareiet who deb as Lessor. The word"Lessor," used in this se.shall m or all of to parties who execute N as Lesser. All thelpromsiop of this lease shall binding n the bears,successors andNasraos one and Lessee. �IN N"NESS WHESEOF,Chi.instnunerit is executed as of the date toast above written nde_a w. Anderson a Single Man • SON: 521-26-8270 • B 1250 REC 02199364 •5/89 11:42 10.00 2/002 Pm.d ny vs,s Priming 1353)573460 F 1458 MARY ANN FEOERSTEIN CLERK & RECORDER WELD CO, CO STATE OF Col Or ado Oklahoma,Kansas,New Mexico,Wyoming,Montana,Colorado,Utah, Nebraska,North Dakota.South-Dakota COUNTY OF Weld }As' ACKNOWLEDGMENT—INDIVJUAL BEFORE ME.the undersigned.a Notary Public,in and for said County and State,on this 13th day of November . 1989 ,personally appear-d Anders H, Anderson, a Sincle Man and ,to me(mown to be the identical person ,described in and who executed the Within.and.foregoing instrument of writing and-acknowledged to me:ha• he duly executed the same as his free and volueur.att and deed for the uses and purposes therein set forth. A� t ove IN VeliCES�l"yHEREOF,I have hereunto set my hand and affixed my nal seal the Ty and v r ' "ne M on Expires October 23, 1993 Ls` v' S ' ` Kenneth A. CLoutner Notary PCMic_≥ W q_.yO• c Address: 711 — 9YF Sr CrcclpY_ f0 a0A31. pit R O, M1�; STATE OF"° Oklahoma,Kansas,New Mexico,Wyoming,Montana,Colorado,VW. Is'. Nebraska,North Dakota,South Dakota COUNTY OF ACKNOWLEDGMENT—INDIVIDUAL BEFORE ME.the undersigned,a Notary Public.in and for said County and State.on this day of , 19 ,personally appeared • and ,to me(mown to be the identical person ,described in and who executed the within and foregoing instrument of writing and acknowledged to me tha- duly executed the same as free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF.I have hereunto set my hand and affixed my notarial seal the day and year last above written. My Commission Expires Notary Public. Address: STATE OF Is,' ACKNOWLEDGMENT(For use by Corporation) COUNTY OF On this day of . A,D. 19 ,before me personally appeared ,to me personally known,who,being by me duly sworn,did say that he is the of 'std that the seal affixed to said instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors,and said knowledged said instrument to be free act and deed of said corporation. Wimess my hand and seal this day of ,A.D. 19_. Notary Public. (SEAL) Address: My Commission expires I t o 0 uII: A O Y. •c w 3 I Ile • Z oAC , m Fil K\ XI° 1 • I 8 Z F v > 9 1 • D RTMENT OF PLANNING SERVICES • ait) atio NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-61003-6100, Ext. 3540 FAX: (970)304-6498 COLORADO November 28, 2006 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: USR-1592 There will be a Public Hearing before the Weld County Planning Commission on Tuesday,February 16,2007, at 1:30 p.m., in the Hearing Room, Weld County Planning Department, 918 10`" Street, Greeley, Colorado concerning the request of: NAME: Public Service Company FOR: A Site Specific Development Plan and a Use by Special Review for a Major Facility of a Public Utility (Electric Substation) in the A (Agricultural)Zone District. LEGAL DESCRIPTION: Pt of the E2SE4 of Section 1,T7N, R66W of the 6th P.M.,Weld County,Colorado. LOCATION: North of and adjacent to CR 84; 1/4 mile west of CR 37. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Hannah Hippely, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 10'"Street, Greeley,Colorado 80631, on or before the date of public hearing. For your convenience,the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Case Number USR-1592 was placed in the United States Mail, first class mail, postage prepaid, addressed to the following properties. t, Dated the 28TH day of NOVEMBER, 2006 V`‘kM Voneen Macklin Recording Secretary for Planning Commission ANDERSON ANDERS 1140 MINUTEMAN ST BILLINGS MT 59105 FRANCIS DEVOIR 1140 MINUTEMAN ST BILLINGS MT 59105 RME PO BOX 9140 THE WOODLANDS TX 77387-9147 WOLF MICHAEL 17815CR84 AULT CO 80610 CITY OF THORNTON 9500 CIVIC CENTER DR THORNTON CO 80229 STARK FARMS 5814 WATSON DRIVE FORT COLLINS CO 80528 INVESTMENT IN ALLIED MORTGAGE 125 S. HOWES STE. 900 FORT COLLINS CO 80521 I AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description: aL &77 ✓e faa ✓C e/ , " lk` e s-e. O t S'e GTi o u / /ot.s/ws f led 7 /J o , ye 4Je r7; to ft, e lU wild do ww y doh):c./o fe /et_ch s / Parcel Number O 'J O 7 - v 1- O - O O - o / a U 7 U 7 O / q O O 0 CD 2- (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the application area,If additional space is required,attach an additional sheet) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners'of property(the surface estate)within five hundred (500)feet of the property being considered. This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task, and shall be current as of a date no more than thirty(30) days prior to the date the application is submitted to the Department of Planning Services. Title: j7` ( -cc/ /9dK� Pia5 <f lad/Z Savvoce Co. di do/c.) The foregoing instrument was subscribed and sworn to me this i /h day of goads,6Pv, Zoo to • WITNESS my hand and official seal. My Commission Expires: l�.e�(�r,^ ' f .511/4)( ��Ry pve�‘N Nory Public i ' .; tr ? RICHARD J. GRADY t • S . O III,�j�.'•••...• OF COQ,Q�c od -13- CERTIFIED LIST OF PROPERTY OWNERS (within 500 feet of the subject property) Property Owner Address PIN Michael E. Wolf 17815 Weld County Rd. 84 070701400002 Karen Kay Wolf Ault, CO 80610 (north& east) City of Thornton 9500 Civic Center Dr. 070701000020 (west) Thornton, CO 80229 Stark Farms, LLC 5814 Watson Drive 070712101023 c/o Leonard Wilson Fort Collins, CO 80528 (south) Investments in Allied Mortgage, LLC 125 South Howes, Suite 900 070712101007 (south) Fort Collins, CO 80521 070712101008 070712101009 070712101010 070712101011 070712101012 070712101013 070712101014 070712101015 070712101022 070712101023 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description: E- FL v t` IL 5— tv 04/ sa'74"`"' '� T t,i t t,`p 7 004A,L, Qati loL (Aped/ &✓t. P wt. (Je-(C/ (Loa-4,4 eulov, S'v.e Parcel Number C.) ) 0 ") - d / - 0 - O <) -O / d 7 0 ) 0 1 y O v O L (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the application area,If additional space is required,attach an additional sheet) STATE OF COLORADO )ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a person qualified to do the task, and shall be current as of a date more than thirty(30)days prior to the date the application is submitted to the Department of Planning Services. Note: Mineral Notification is in addition to that required by C.R.S. 24-65.5-102 through 104. - M Title: CinvirtdaO, fehi 4045 troweaegt1 � r.L , ,200 G The foregoing instrument was subscribed and sworn to me this /,..5 day of v'✓ WITNESS my hand and official seal. My Commission Expires: I "2,(1"3.3 _q1�R�PUS t C� z.cdZl��i,� �,. --0 •.••••••. . t titary Public I r II i • RICHARD J.• S G^'-97 rIIN 0 IkN.OF C0� .e-' -14- • CERTIFIED LIST OF MINERAL OWNERS (E1/2SE1/4, Section 1, T-7-N, R-66-W, 6th P.M.) Property Owner Address Mineral Interest Anders W. Anderson 1140 Minuteman St. Undivided One-half Billings, MT 59105 All Minerals except Coal. Francis J. DeVoir, f/k/a 1140 Minuteman St. Undivided One-half Francis J. Anderson Billings, MT 59105 All Minerals Except Coal. R.M.E. P.O. Box 9149 100% of Coal Rights. The Woodlands, Texas 77387-9147 I, Ken Wiley, Contract Right-of-Way Agent for Public Service Company of Colorado, certify that the above list of property/mineral owners is complete and correct, to the best of my knowledge, in accordance with Weld County requirements for use by Special Review, Major Facilities of a Public Utility. Executed this 7 day of November, 2006. KEN WILEY 1898 Denver West Ct. #1224 Lakewood, CO 80401 Xcel EnergysM Siting and Land Rights PUBLIC SERVICE COMPANY 550 15th Street,Suite 700 Denver,Colorado 80202-4256 Telephone:303.571.7799 Facsimile:303.571.7877 April 4, 2006 RME Land Corp. do Anadarko Petroleum Corporation P.O. Box 9149 The Woodlands, Texas 77387-9147 Re: "Request for Notification of Surface Development", Section 1, Township 7 North, Range 66 West, Sixth P.M., Weld County, Colorado To Whom It May Concern: In accordance with the enclosed notice,please be advised that Public Service Company of Colorado is in the process of acquiring additional land to rebuild its existing electric substation. The additional land to acquired, for this proposed upgrade of facilities, is described and shown on enclosed Exhibits"A" and "B". Mineral rights are not being requested with this acquisition; and, because of the proximity to the substation and to Weld County Road 84, it is unlikely the increased site size will interfere with mineral development. Please review and advise us if a surface agreement is required. Thank you for your consideration. Sincerely, 27z1 = Jirh McClung, Contract Agent Siting and Land Rights Department Enclosures Duplicate notification to: RME Petroleum Co. • • 0 Xcel Energy- , Siting Siting and Land Rights PUBLIC SERVICE COMPANY 550 15th Street,Suite 700 Denver,Colorado 80202-4256 Teleph ne:April 4, 2006 Facsimile:o 99 303571787 RME Petroleum Company c/o Anadarko Petroleum Corporation P.O. Box 9149 The Woodlands, Texas 77387-9147 Re: "Request for Notification of Surface Development", Section 1, Township 7 North, Range 66 West, Sixth P.M., Weld County, Colorado To Whom It May Concern: In accordance with the enclosed notice, please be advised that Public Service Company of Colorado is in the process of acquiring additional land to rebuild its existing electric substation. The additional land to acquired, for this proposed upgrade of facilities, is described and shown on enclosed Exhibits "A" and "B". Mineral rights are not being requested with this acquisition; and, because of the proximity to the substation and to Weld County Road 84, it is unlikely the increased site size will interfere with mineral development. Please review and advise us if a surface agreement is required. Thank you for your consideration. Sincerely, Jim f McClung, Contract Agent Siting and Land Rights Department Enclosures Duplicate notification to: RME Land Corp. • Xcel Energy® Siting and Land Rights PUBLIC SERVICE COMPANY 55015th Street,Suite 700 Denver,Colorado 80202-4256 Weld County Planning Department Telephone:303.571.7799 January 8, 2007 GREELEY OFFICE Facsimile:303.571.7877 JAN- 1 0 2007 Hannah L. Hippely RECEIVED Department of Planning Services Weld County 918 10th Street Greeley, Colorado 80631 Re: Public Service Company of Colorado, Ault Electric Substation Dear Hannah: Reference is made to Public Service Company of Colorado's application for Use by Special Review for a Major Facility of a Public Utility. This application is currently in process and identified as USR-1592. In response to your e-mail, dated January 2, 2007, you will find enclosed copies of mineral notification letters and related materials sent to mineral owners on Friday, January 5,2007. In addition, you will find copies of certificates of mailing for all letters. Original certificates will be retained by Public Service Company unless otherwise directed. Thank you for your reminder regarding notification; and please advise me of other matters that I might assist with regarding this application. Sincerely, Jim McClung, Contract Agent Siting and Land Rights Department Enclosures Xcel Energy- Siting and Land Rights PUBLIC SERVICE COMPANY 550 15th Street,Suite 700 Denver,Colorado 80202-4256 Telephone:303.571.7799 Facsimile:303.571.7877 January 5, 2007 Anders W. Anderson 1140 Minuteman Street Billings, Montana 59105 Re: Public Service Company of Colorado, Ault Electric Substation Upgrade Dear Mr. Anderson: Public Service Company of Colorado owns and operates and electric substation in the E1/2 of the SE1/4 of Section 1, Township 7 North, Range 66 West, 61h P.M., Weld County, Colorado. This facility was built in 1951 to serve the communities north and east of Ault, Colorado. In 2005, the decision was made to upgrade the facility through replacement of all existing equipment. In order to maintain full operations and install new equipment, additional land is being acquired, which is the reason for this letter. Equipment replacement and the acquisition of additional land require land us permitting with Weld County. A function of the permitting process is notification of mineral owners of the process and related Planning Commission meetings/hearings. In accordance with this requirement, you are hereby notified of a public hearing to be held before the Weld County Planning Commission, February 16, 2007, at 1:30 p.m. A copy of the notification letter, sent to Public Service Company, is enclosed, which provides additional information with respect to this process. You will also find enclosed general and specific location maps, which provide site information and location within the above mentioned section. If you have any questions or would like additional information, please contact Weld County, Department of Planning Services at the phone number on the letter, or myself at 303/975-2866. Cordially, gir Jirh McClung, Contract Agent Siting& Land Rights Department Enclosures 0 XceI Energy® Siting and Land Rights PUBLIC SERVICE COMPANY 550 15th Street,Suite 700 Denver,Colorado 80202-4256 Telephone:3 03.571.7799 Facsimile:303.571.7877 January 5, 2007 Francis J. DeVoir/Francis J. Anderson 1140 Minuteman Street Billings, Montana 59105 Re: Public Service Company of Colorado, Ault Electric Substation Upgrade Dear Mrs. Anderson: Public Service Company of Colorado owns and operates and electric substation in the E1/2 of the SE1/4 of Section 1, Township 7 North, Range 66 West, 6th P.M., Weld County, Colorado. This facility was built in 1951 to serve the communities north and east of Ault, Colorado. In 2005, the decision was made to upgrade the facility through replacement of all existing equipment. In order to maintain full operations and install new equipment, additional land is being acquired, which is the reason for this letter. Equipment replacement and the acquisition of additional land require land us permitting with Weld County. A function of the permitting process is notification of mineral owners of the process and related Planning Commission meetings/hearings. In accordance with this requirement, you are hereby notified of a public hearing to be held before the Weld County Planning Commission,February 16, 2007, at 1:30 p.m. A copy of the notification letter, sent to Public Service Company, is enclosed, which provides additional information with respect to this process. You will also find enclosed general and specific location maps, which provide site information and location within the above mentioned section. If you have any questions or would like additional information, please contact Weld County, Department of Planning Services at the phone number on the letter, or myself at 303/975-2866. Cordially, . im McClung, Co racril- t Agent Siting & Land Rights Department Enclosures Xcel Energy® Siting and Land Rights PUBLIC SERVICE COMPANY 55015th Street,Suite 700 Denver,Colorado 80202-4256 Telephone:303.5717799 Facsimile:303.5717877 January 5, 2007 R.M.E. P.O. 9149 The Woodlands, Texas 77387-9147 Re: Public Service Company of Colorado, Ault Electric Substation Upgrade To Whom It May Concern: Public Service Company of Colorado owns and operates and electric substation in the E1/2 of the SE1/4 of Section 1, Township 7 North, Range 66 West,6th P.M., Weld County, Colorado. This facility was built in 1951 to serve the communities north and east of Ault, Colorado. In 2005, the decision was made to upgrade the facility through replacement of all existing equipment. In order to maintain full operations and install new equipment, additional land is being acquired, which is the reason for this letter. Equipment replacement and the acquisition of additional land require land us permitting with Weld County. A function of the permitting process is notification of mineral owners of the process and related Planning Commission meetings/hearings. In accordance with this requirement, you are hereby notified of a public hearing to be held before the Weld County Planning Commission, February 16, 2007, at 1:30 p.m. A copy of the notification letter, sent to Public Service Company, is enclosed, which provides additional information with respect to this process. You will also find enclosed general and specific location maps, which provide site information and location within the above mentioned section. If you have any questions or would like additional information, please contact Weld County, Department of Planning Services at the phone number on the letter, or myself at 303/975-2866. Cordially, Ji McClung, Contract Agent Siting & Land Rights Department Enclosures U.S.POSTAL SERVICE • FICATE OF MAILING • MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT g 1 a PROVIDE FOR INSURANCE-POSTMASTER o y o I° Received From: _ � C o u e'N!lf Z E 'co 00CD ANDERS W. ANDERSON �-- LOS 1140 MINUTEMAN STREET (0 m BILLINGS,MT 59105 PS U.S.POSTAL SERVICE CERTIFICATE OF MAILING ZC.5 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT o e n ti PROVIDE FOR INSURANCE-POSTMASTER o g o Je Received From: I a J hay Cilw,,_ ,),;o:.I STS �k�)L seVv-.....-� COv e /(o' O d$ \\\ hroe D o c`'*' kCIb Z�m�. FRANCIS J. DEVOIR/FRANCIS J. p°� 1140 MINUTEMAN STREET (0 m Am BILLINGS,MT 59105 V.S.POSTAL SERVICE CERTIFICATE OF MAILING 4 i ti MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT • o °'i PROVIDE FOR INSURANCE-POSTMASTER a Vi. Received From: !R q 7 o DLD c ! .ZWZ-0N \ ,/Y O CtlxvyOQ R.M.E. y -o. to CIO ANADARKO PETROLEUM COR _"�_. L J0 A P.O. 9149 THE WOODLANDS,TX 77387-9147 f Xce/Energy Siting and Land Rights PUBLIC SERVICE COMPANY 55015th Street,Suite 700 Denver,Colorado 80202-4256 Telephone:303.571.7799 Facsimile:303.571.7877 January 13, 2007 Anders W. Anderson 1140 Minuteman Street Billings, Montana 59105 Re: Public Service Company of Colorado, Ault Electric Substation Upgrade Dear Mr. Anderson: As an owner of minerals in the E1/2 of the SE1/4 of Section 1, Township 7 North, Range 66 West, 6th Principal Meridian,Weld County, Colorado you were recently notified of a public hearing to be held at 1:30 p.m. on February 16, 2007. This hearing is part of the permitting process to allow Public Service Company of Colorado to upgrade its existing Ault Electric Substation. The date has been changed to February 6,2007, at 1:30 p.m. All other information remains as stated. If you have any questions or would like additional information,please contact Weld County, Department of Planning Services at the phone number on the letter included with the January 5, 2007 notice, or myself at 303/975-2866. Cordially, oyy7 _ JiimMcClung, Contract Agent Siting& Land Rights Department Xcel EnergysM Siting and Land Rights PUBLIC SERVICE COMPANY 550 15th Street,Suite 700 Denver,Colorado 80202-4256 Telephone:303.5717799 Facsimile:303.571.7877 January 13, 2007 Francis J. DeVoir/Francis J. Anderson 1140 Minuteman Street Billings, Montana 59105 Re: Public Service Company of Colorado, Ault Electric Substation Upgrade Dear Mrs. Anderson: As an owner of minerals in the E1/2 of the SE1/4 of Section 1, Township 7 North, Range 66 West, 6th Principal Meridian, Weld County, Colorado you were recently notified of a public hearing to be held at 1:30 p.m. on February 16, 2007. This hearing is pan of the permitting process to allow Public Service Company of Colorado to upgrade its existing Ault Electric Substation. The date has been changed to February 6,2007, at 1:30 p.m. All other information remains as stated. If you have any questions or would like additional information, please contact Weld County, Department of Planning Services at the phone number on the letter included with the January 5, 2007 notice, or myself at 303/975-2866. Cordially, /714 r� Jim McClung, Contract Agent Siting& Land Rights Department Xcet EnergysM Siting and Land Rights PUBLIC SERVICE COMPANY 55015th Street,Suite 700 Denver,Colorado 80202-4256 Telephone:303.571.7799 Facsimile:303.571.7877 January 13, 2007 R.M.E. P.O. Box 9149 The Woodlands, Texas 77387-9147 Re: Public Service Company of Colorado, Ault Electric Substation Upgrade To Whom It May Concern: As an owner of minerals in the EI/2 of the SE1/4 of Section I,Township 7 North,Range 66 West, 6th Principal Meridian, Weld County, Colorado you were recently notified of a public hearing to be held at 1:30 p.m. on February 16, 2007. This hearing is part of the permitting process to allow Public Service Company of Colorado to upgrade its existing Ault Electric Substation. The date has been changed to February 6,2007, at 1:30 p.m. AU other information remains as stated. If you have any questions or would like additional information,please contact Weld County, Department of Planning Services at the phone number on the letter included with the January 5, 2007 notice, or myself at 303/975-2866. Cordially, Jim McClung, Contract Agent Siting& Land Rights Department U.S. POSTAL SERVICE CERTIFICATE I ILING . MAY ID USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT ii o m t II MY BEESED FOR DOMESTIC AND NTER oe'T �o Received From 0 Il ws vvt`aL,,,., 7w(-, I,< sc„,_,tCa LO- 4c,,,(-a 1 o One piece of ordinary mail addressed to. o U. c 1 130 a-o1gin- mi F4°. CwrvmD-0 t ANDERS W. ANDERSON ;LO �'•ZO"°,51 3 1140 MINUTEMAN STREET mLn 0 a BILLINGS,MT 59105m PS Form 3817,January 2001 ss 3. U.S.POSTAL SERVICE CERTIFICATE OF MAILING 0 ti MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT Pi PROVIDE FOR INSURANCE-POSTMASTER n w Received From <g' J 11 ( VVl Yk E L'k..L -P6-,C ILL & V LA'G (.1 ci CO(II O a One piece of ordinary mail addressed to: o.. z ZmZ N d`I sTg-,-.0 FRANCIS J.DEVOIR/FRANCIS J. T' z•-Foo ANDERSON aLS1 J o co 1140 MINUTEMAN STREET m BILLINGS,MT 59105 PS Form 3817,January 2001 I U.S.POSTAL SERVICE CERTIFICATE OF MAILING 8 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT o :c PROVIDE FOR INSURANCE-POSTMASTER o asell Received From 4 ...LA.. M.° (wt,5 4 `i -b t< Savv«_e CO . 66 CU 76 a o r_ = F One piece of ordinary mail addressed in. 153N - o-o<Y at..")71,-."0 _/ n .SJ 2• O01 J K.M.E. 'x•0.11 2 8 Tal 1 P.O. BOX 9149 10 11 THE WOODLANDS,TX 77387-9147 47 PS Form 3817,January 2001 1 i i(; =1 R`t IS t 1 is I. Hello