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Home My WebLink About20050298.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - DUKE ENERGY FIELD SERVICES, LP WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement Concerning Purchase of Right-of-Way for Certain Improvements to Weld County Road 13 between the County of Weld,State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Duke Energy Field Services, LP, 1324 N. 7th Avenue, Greeley, Colorado 80631, with terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning Purchase of Right-of-Way for Certain Improvements to Weld County Road 13 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works, and Duke Energy Field Services, LP, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement and any necessary documents. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 24th day of January, A.D., 2005. BOARD OF COUNTY COMMISSIONERS ELa WELD COUNTY, COLORADO d°1-1. y � 1861 ( m ''*� 1 u William H. J e, Chair oilerk to the Board WO/7 M. J. le, ro-T Deputy Clerk to ' e oard David E. Long APPROVED AS TO FOR • EXCUSED Robe . Masde my Att ey 3 Glenn Vaad 11 ate of signature: 3 S� 2005-0298 EG0052 CP fail PL, P_ Oa-OS--off" Kittit;" MEMORANDUM CTO: Clerk to the Board DATE: January 19, 2005 COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Enginee SUBJECT: Agenda Item Agreement Concerning Purchase of Right-of-Way for Certain Improvements to WCR 13 with Duke Energy Field Services LP. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:\Franc ieAgend-Leon.doc n 2005-0298 088 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN DUKE ENERGY FIELD SERVICES, LP AND WELD COUNTY, COLORADO i. THIS AGREEMENT is made this el day of )4hutni , 2005, by and between Duke Energy Field Services, LP,whose local business address is 1324 N. 7th Avenue,Greeley, Colorado 80631,hereinafter referred to as"Owner", and the County of Weld, a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners,whose address is 915 10th Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 13; and WHEREAS,Owner owns the real property described in the attached Exhibit"A",hereinafter referred to collectively as the "Right-of-Way"; and WHEREAS, County needs the Right-of-Way in order to complete said rebuilding and improvement project; and WHEREAS, said rebuilding and improvement project involves the construction and realignment of said roadway; and WHEREAS, Owner wishes to cooperate with County in said road improvement. NOW, THEREFORE, the parties herein agree as follows: 1) Owner agrees to sell and County agrees to purchase the Right-of-Way shown and/or described on Exhibit "A", attached hereto and hereinafter referred to herein as the "Right-of-Way"for the sum of Thirteen Thousand Seven Hundred Fifty and no/100 ($13,750.00) dollars. This consideration is being offered in lieu of condemnation 2) Owner agrees to grant the Right-of-Way to County by Deed of Dedication, free and clear of all encumbrances, with the exception of existing easements and with the further exception that Owner reserves a non-exclusive right-of-way to the real property located within 10 feet on either side of the existing 10"natural gas pipeline 1 111111 1111 11111 MEI 1111111111111111 III BEN Iii; 3259088 02/04/2005 04:33P Weld County, CO 1 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ?y ("pipeline") owned and operated by Owner and shown on Exhibit A. Owner shall furthermore retain the mineral estate under the Right of Way, including oil and gas rights,and shall also retain any water rights currently attached or associated with the Right of Way. 3) If Owner determines, at any time following this Agreement, that it is necessary or desirable to relocate the Pipeline outside of the non-exclusive right-of-way reserved herein by Owner,County shall reimburse Owner only those costs associated with the relocation resulting from the incremental difference of additional fill,road base,and asphalt placed upon the gas line as a consequence ofthe construction of the roadway upon the non-exclusive right-of-way reserved herein by Owner. In the event that County (or a developer approved by County) requests such relocation, County or developer shall reimburse Owner all reasonable costs associated with such relocation. Any such costs resulting from relocation will be reimbursed based on receipt of documentation supporting such costs. 4) County agrees to reimburse the Owner the sum of Fifty One Thousand Three Hundred Seventy Nine and no/100 ($51,379.00) dollars for the relocation of the cathodic protection site and 6-inch receiver site,along with appropriate piping,as per Exhibit"B"pages 1-3. This work will be completed within 120 calendar days from the date of delivery of the Deed of Dedication. 5) Owner agrees to lower the Pipeline as necessary to preserve appropriate cover in two road crossing locations, at stations 45+72± and 56+86±, at Owner's sole expense. 6) County shall record the deed of conveyance and shall pay the costs of title insurance and recording fees. 7) The parties hereby 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. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 8) Although the date of the transfer of title to the Right-of-Way shall be the date of the delivery of the documents of title and conveyance, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner,County, its contractors, agents, employees, and all others deemed necessary by County shall have the irrevocable right to possess and use all ofthe Right-of-Way for the purpose of said rebuilding and improvement project. County shall pay the consideration agreed to in Paragraph 1 herein on the date of delivery of the documents of title and 2 AIM VIII VIII' IIIIII IIII IIIIII III VIII IIII IIII 3259088 02/04/2005 04:33P Weld County, CO 2 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder conveyance. 9) Owner warrants that he/she is the owner of the Right-of-Way and will defend title thereto against all claims. 10) General taxes for the year 2005 for the Right-of-Way shall be apportioned to the date of delivery of the deed based on the most recent levy and the most recent assessment. Owner represents and warrants that all general taxes levied prior to such year have been paid in full by Owner. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: D E RGY FIELD SERVICES, LP Stephen O. McNair, Vice President l\\ E11,,E�L4' 1861 (,.5 1 /4“ //4�f/1l BOARD OF COUNTY COMMISSIONERS �� ,� �/ OF WELD COUNTY, STATE OF ,�♦ COLORADO ``® 'Cr• <=`` i Clerk to the Board By:4�(,C, 6'� mac--/ BY: Deputy Cle to e Board William H. Jerke, Chairman AN 2 % 2G5 3 API 01111311111111111111111111111 I I 111111 I I I I I I I I 3269088 02/04/2005 04:33P Weld County, CO 3 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder jets —oa987 NOTARY STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) Before me, Summer Montoya , a Notary Public in and for said County and State, on this 14 day of January , 2005,personally appeared Stephen O. McNair known to me to be the individual whose name is subscribed to the foregoing instrumbnt and acknowledged to me that he/she executed this Agreement as his/her free act and deed and for the consideration and purposes therein set forth. Given under my hand and seal of office, this y day of Svu aX , 2005. My Commission Expires: *//LI/Ci 4 11111 11111 111111 111111 111I 111111 III 111111111 VIII 3259088 02/04/2005 04:33P Weld County, CO 4 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 01/15/2005 16:34 N0. 145 002 EXHIBIT A DEED DESCRIPTION 1528-203-070.01 3070-DD-24.DOC SHEET 1 OF 2 A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO.02245173,WELD COUNTY PUBLIC RECORDWEST OFSTHE 617 PRINCIPALSOUTHWEST MERIDIAN,CODARTER OF UNTY OFWELD, TTN 31,TOWNSHIP 1 NORTH,ATE OF COLORADO,MORE RANGL 67 PARTICULARLY DESCRIBED AS FOLLOWS.BASIS OF UMPTION THAT THE WEST OF SAID SOUTHWEST Q DARTER OF CS: SECTIOGS N 3 BEARS N 0 BASED ON 028 28S AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2.25"ALUM CAP. LS. 12374. -THE SOUTHWEST CORNER OF WHICH BEING A 3.25"ALUM. CAP IN RANGE BOX L.S. 6973. COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 31; THENCE N 89°38'20"E ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 31 A DISTANCE OF 365.39 FEET; THENCE N 00°21'40"W,A DISTANCE OF 30.00 FEET TO TIIE INTERSECTION OF THE WESTERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 2 AND THE POINT OF BEGINNING; THENCE S CE OF 40.47 TO A POINT 40 FEET 2WESTERLY0"W O SAID L AND PERPENDICULAR SAID WESTERLY R Y RIGHT-OF-WAY LINE A F-IGHT-OWAY LINE OF WELD COUNTY ROAD 13; THENCE N 09°06'28"W ALONG A LINE LYING 40 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 902.65 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS N 08°02'03" W A DISTANCE OF 115.05 FEET,HAVING A RADIUS OF 3070.00 FEET,A CENTRAL ANGLE OF 02°08'50" AND AN ARC LENGTH OF 115.06 FEET; THENCE N 06°57'38"W A DISTANCE OF 1010.00 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13; THENCE S 09°06'28"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 2033.13 FEET TO THE POINT OF BEGINNING; CONTAINING 59,846 SQ.FT.OR 1.3739 ACRES MORE OR LESS. I,CHRISTOPHER FL McELVAIN, A SURVEYOR LICENSED IN THE STATE OF COLORADO,DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS = y� PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. - IS 11 • F. CHRISTOPHER H.McELV ATN PROFESSIONAL LAND SURVEYOR 1 �� COLORADO REGISTRATION NO.36561 �11F ?y G .c i FOR AND ON BEHALF OF 1111 ' JeFIN ENGINEERING,INC. 5855 WADSWORTH BYPASS t#A-100 ARVADA,CO.80003 MILLI 11111 HILT 111111111111 IM 111111 III OHM VIII 3259088 02/04/2005 04:33P Weld County, CO 5 of 9 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 01/15: 2025 16:34 NO. 145 D03 EXHIBIT MAP A S 89'4'19' w\ \` \ , \ __ NE9'4T13'E fro SHEET 2 OF 2 263131 4n/4 CO9 SEC 31 4P i 3478.00 E1/4 COp SEC 31 FOUND 64 R A.C. I FOUND AI REBAR CT/4 COR SEC 39 iS 1 27. A.C 1 CH 3-1/C ALUM. CAP FOUND k PEW 12374. 1993 LS 8073, 1007 N1TN 3 1/4• ALW. CAA LS 4973, 1996, ON 1.0' \ .11$ I z ryi A . Y1 I n a Pl. r \ lk t i• lit b 150'{F'-J# m� QD� D -P OGa • bWI INCH = 300 FEET S DAIS 3.1.04 — .or,K = �U may.: 5 = o a =c SOc644 O C -3� ADOmONAL RIGHT-CF-WAY ACOUI9T1ON AREA 59,846 S.F. �,.••.14�� - a r'p0 REp/s��41 =---4u` A gilt ODD . 4,e v 1 ��c X30 0 Qo N 2'03' W 'c m + c F'. CDt11 a ier • 36561 a:c �Nc t / u z;� �Jy o c PARCEL 24 •. LI ?�/'{ � i o c O.N. FC25031305 I� --u 1 146931000002 0, 14, 150 —W a mom op ASSOCIATED NATURAL S INC. c ' •� —co AKA DUKE ENERGY FIELD SERVICES oo ,. ( X09 P.O. BOX 1642 l� _r:31 + Fe HOUSTON, TK. I $ V. `W 77251-162 REC. NO. 02245173 .g • EXHIBIT MAP A NO SITE ADDRESS 1 ;•,:,. e° • :: WELD COUNTY ROAD 13 p A§SOCIATED NATURAL GAS. INC, I 116 P �' 4 SW 1/4 SEC 31, TAN.. R.67W. 6Th PM. COUNTY OF WELD, STATE OF COLORADO Pair a 5 Z s1/4 cat sEc 31 ACQUISITION AREA 59,646 S.F. SW CDR SEC 31 FOUND 4E REBM S1/4 COR SEC 34 MAD ROAR s spline LS 3-1/4• ALUM. CAP 3.1.04 I DEED DESCRIPTOR WROARIN0 #6 ROAR MTH 3-1/4' ALLA& LS 23027. 2001 N R,B. MIN 3-1/4' AL CAP CAP Ls 4973, 1098 x'47 JN• 1528-03-070.01 I 307D-DD-24 LS 6973. 1896 iN R.S. R1 RANGE BO% I ...� ,�.� ..._.I�... ,.� P'4NT IN I7EIIS CO. 5 69.36'06• W - 4 N:•1 1 0"E 536 ^�QNMNC 4� 2648.6. 9:• : .�_ a Je- HN TN u E . THE sal 4FST QUARTER SECTION 31 NOTE: N 00.21.40• w ENGINEERING A! THIS IS NOT A LAND SURVEY PLAT OR 30.00' ADR.Sgs CO. \' P„� i ENGINEE 1ING IMPROVEMENT SURVEY PLAT. NO MONUMENTS ` ? � memp WERE SET FOR INC PREPARATION OF V NtAllo WON 0,4111 THE ATTACHED LEGAL OESCRIPTION. saamemeowww 01/15/2005 15:34 hJD. 145 PO4 - EXM1B11 13 L Page 1 of 3 pages DUKE ENERGY fl£lD SERVICES energy. 1324 North 7th Avenue A8.ate• Greeley. CO 80631 Field Services 970 356 9700 303 572 3516 fax INVOICE 3-Aug-04 DESCRIPTION OF PROJECT SEND TO: FROM: Relocation of reenter and 6-inch receiver Weld County,Colorado Duke Energy Leon Sievers Lew Hagmloek 1111 1-1 Street '1324 N 7th Ave Greeley,CO 80631 Grecicy,CO 80631 970-378-6351 DESCRIPTION TOTAL 120'6-inch.188w pipe $1,110.00 Fittings,tape,primer,anodes $3.000.00 Sales Tax(a 6% $247.00 Shannon Pipeline Company $9,630.00 Vat Thick $250.00 X-ray $400.00 Construction Supervisor $650.00 Construction Inspector $1,440.00 Field Operator $400.00 ROW _ $600.00 10°h contingency _ $1,772.00 Corrosion Specialist,Ltd.-Rectifier replacement,pole removal&installation $31,880.00 TOTAL: $51,379.00 1 1111111111111111777777111111IIII111111IIIIIIIIIIII1111 3259088 02/04/2005 04:33P weid county, CO 7 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 01/19/.2005 15:34 110. 145 D0.5 • EXHIBIT B Page 2 of 3 pages • 2Plianunn tlipttine nub i&ihrtratfn Ctn., 3kw. P.O. BOX 843 (303) 659.8850 Brighton, Colorado 80601 • June 2,2004 Mr. Mark McPhee DUKE ENERGY FIELD SERVICES 1324 North 7th Avenue Greeley, CO 80631 Dear Mark. Per your request, our quotation to move the rectifier and the 6"receiver at WCR 2 and WCR 13 and the work involve in this project, will be as follows: 1) Hydrostatic test the pipe needed for the project prior to moving the receiver. 2) Move 6" receiver approximately 50' to the west of the existing location. 3) Rebuild the existing guard with a walk through and reset it around the receiver. 4) Move the rectifier and guard approximately 50' to the west of the existing location. 5) The electric pole will be moved by others. 6) No compaction required for any areas of excavation. TOTAL: 59630.00 • If you have any questions, please call nae or Mike. Respectfully submitted, leS74/11-) Ken Shannon President 111111i 11111 11111 ME IIIN MINE III 111111111 liii 3259088 02/04/2005 04:33P Weld County, CO 8 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 01'15'2005 16:34 NO. 145 P06 EXHIBIT B Page 3 of 3 pages • C CORROSION • L SPECIALISTS, Ltd. E8e0 S. VALLEJO ST., UNIT O ENGLEWOOD, COLORADO 60110 • CATHODIC PROTECTION CONTRACTORS & SUPPLIERS 2680 S.VALLEJO St. UNIT G Am 50. 0 AVE. ENGLEW000.COLORADO 60110 FARMINGTON.N MEXICO 57489 00317814635 Fax:303/7814588 FAX COVER SHEET tom' -15x8 DATE 7 -/-S zoo • To "off. 7CARY OZ/./V OE PS • PROM 1ARKV /_3.E/L TOTAL NUMBER OF PAGES INCLUDING COVER SHEET ONE OS7 TD PIwV/OE•C /NSTALL RF±.PIA4F/VI tAVT £,1 DU/VDL3E1) to/74, a0 Vot7— 4-D AMP LIM/ R,;SHG. l3k=CT/F/EEC t_3, RR 0.00 R'tenf'/L:z /7L9L !VCRY L • S l/IJEE/c rower fie "lewd v/a4,Cie erecjind,//teach.- • . hi -"enetai., g000u. ao • 4.3 /, no. ea • • 11111111111111111111111111111 1111 111111 III III lilt Ill 3259088 02/04/2005 04:33P Weld County, CO f 9 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder I , . • 884 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Associated Natural Gas, Inc., a Colorado Corporation Now Known As (through name changes and mergers) Duke Energy Field Services, LP, a Delaware limited partnership whose address is P. O. Box 1642, Houston, TX 77251, being all of the owners of certain property in Weld County, Colorado which is described in the attached Exhibit "A", do hereby dedicated forever said property as parts of a public highway, pursuant to Colorado Revised Statute 43-2-201(1)(a), free and clear of all liens and encumbrances, except the existing easements and warrants title to the same. EXCEPT RESERVING UNTO OWNERS the mineral estate under the Right of Way, including oil, gas and any and all water rights currently attached or associated with the Right of Way. ill 6, kA77�� Stephen 0. McNair, Vice President of Associated Natural Gas, Inc., a Colorado Corporation Now Known As (through name changes and mergers) Duke Energy Field Services, LP, a Delaware Limited Partnership o4. Aa°' le State of ) (cfcicicf C / o s °'st o County of ) Oe,L,. ,� �. f i6o The foregoing instrument was acknowledged before me this ,9 J day of P4/ o. y 2005 by Stephen 0. McNair, Vice-President of Associated Natural / Gas, Inc., A Colorado Corporation Now Known As (through name changes and mergers) Duke Energy Field Services,,LP, a Delaware Limited Partnership. Witneess my hand and official seal. ----Notary Public My commission expires: 71/1.7/6 1-- I111111111111111111111II!till llllll111HiJIIIllll 3271884 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above dedication of property as Public Rights-of-Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this 0 day of YT..c k 2005. ATTEST: COUNTY OF WELD, A BODY CLERK TO THE BOARD OF COPRORATE AND POLITIC OF COUNTY COMMISSIONERS THE STATE OF COLORADO <a -4ZE THE COUNTY OF WELD eP' /(j By: '�t7/ enty Clerk the 1 oard William H. Jerke, Chair )� BOARD OF COUNTY i•• f" ty hti ';-1,,,-4;77COMMISSIONERS OF THE \'; (p` OF THE COUNTY OF WELD STATE OF COLORADO) )SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this ° day of Mco-c-G 1 , 2005 by William H. Jerke, Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. Notary Public MELINDA My commission expires: lu GUALANDRI 'S.'..1_ OF Cat IN VIII VIII IIIIIII III IIIIII IIIIII III VIII IIII IIII 3271884 03/28/2005 12.46P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk&Recorder EXHIBIT A A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 02245173, WELD COUNTY PUBLIC RECORDS, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 31 BEARS NORTH 00 DEGREES 28 MINUTES 28 SECONDS WEST AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2.25" ALUM. CAP, L.S. 12374. -THE SOUTHWEST CORNER OF WHICH BEING A 3.25" ALUM. CAP IN RANGE BOX, L.S. 6973. COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 31; THENCE NORTH 89 DEGREES 38 MINUTES 20 SECONDS EAST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 31 A DISTANCE OF 365.39 FEET; THENCE NORTH 00 DEGREES 21 MINUTES 40 SECONDS WEST, A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 2 AND THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 38 MINUTES 20 SECONDS WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 40.47 FEET TO A POINT 40 FEET WESTERLY AND PERPENDICULAR SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13; THENCE NORTH 09 DEGREES 06 MINUTES 28 SECONDS WEST ALONG A LINE LYING 40 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 902.65 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS NORTH 08 DEGREES 02 MINUTES 03 SECONDS WEST A DISTANCE OF 115.05 FEET, HAVING A RADIUS OF 3070.00 FEET, A CENTRAL ANGLE OF 02 DEGREES 08 MINUTES 50 SECONDS AND AN ARC LENGTH OF 115.06 FEET; THENCE NORTH 06 DEGREES 57 MINUTES 38 SECONDS WEST A DISTANCE OF 1010.00 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13; THENCE SOUTH 09 DEGREES 06 MINUTES 28 SECONDS EAST ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 2033.13 FEET TO THE POINT OF BEGINNING; COUNTY OF WELD, STATE OF COLORADO. 1111111 11111 111 1111111 III 11111111111111 11111 11111111 3271884 03/28/2005 12:46P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Porn 952 LEGAL.LETlER (03/04) PC25031305 , ,. \ I EXHIBILMAP A `, =I u6Ya3'1)'E ._.QI SHEET 2 OF 2 s Ba'40't9' WW1 .. 5276.00' 'f 2639.37 n/4 MA SEt 31 El"c)R SEC 31 rows) p MAR 1 FOUND il! AMR CT/4 COS 32L 34 MTN 2-1/7' A.L. I agEH 3-1/!' ALUM. CAA POUND p AEHAA is 17374,119) 1 _ LS 9073, 1097 I . loss ,/ 1 AW M AL IN. O 131 1 J ; �`, is ON IA' 'l1\ 1. 1 0. 8 . I 141 n 6 ',1 III d 7:i$ b 0 150 300 rn.�"I ` . 1 D IEN = 300 FEET E us DATE 3.1.04 8w 9,.1gQ�Q 5 ' V, i CS 401 ADDIDDNAI RIGHT-cF-WAY • AC0UIS110N AREA 50,546 SF. r �•�� .GREG g•30 0 Q0' I.... "IV • / ~r F13 1 �g:N '0T W (• �'.cniI _• c wen < '�• a: 1 Ay` t PARCEL 24 1.0 YiZ 11 O.N. FC25031305 146931000002 114 LAID ASSOCIATED NATURAL 5 INC. ��l�li AKA DUKE ENERGY FIELD SERVICES. a. P.O. BOX 1642 HOUSTON, TK. g W 77251-162 REC. NO. 02245173 ,.g EXHIBIT MAP A • NO SITE ADDRESS �r ;'; MELD COUNTY ROAD 13 comsescatinn $p /1SSOCIATED NATURAL GAS. 1Nf. 1 9 P W SW 1/4 SEC 31, 7.114., R.67W. 6Th PM. $' COUNTY OF WF11, STATE OF COLORADORN cat—PONT a 5 z s,/. COP�c ), ACQUISITION AREA 59,646 S.F. sw CDR Iec 31 MAW A6 R[9AN • 51/4 e)x sec >: EpM) p REDO S 6078'20' W Ls 73)n, x001 IN 9,8, 3.7.04 DEED 0ESCRIP11OH TOTNO A6 RWAR 19111 3-1/72 ALUM. 40.41 A11H 73.19 T UP 1AP IS 1973,»4° ,@ PpNT OF14. 1526-03-070.01 I 3070—DD-24 L.5 697),1696 w a.a. a RANGE 60+ I o. a X20 •-1—3E.5 S47��® CO.® �[ IIHIND 4_IiI S 6976'06' W �NR9'7B'10 E ]65 7R "�` Ns. y6a4,1y2945.6‘ i�1 e H hl t1w C;Dt 2 91$81QPo YuV�. .' 7N u C QF WE 60011.ICST QUARTER SECTION 31 NOTE a 0011'40' w 61�61�9 C®• Wilis'' / ENGINEERING3= THIS IS NOT A LAND SURVEY PLAT OR 30.00' *�'--;1C,"' SO 8.101111111111.LIR IMPROVEMENT SURVEY PLAT, NO MONUMENTS I ^',Y R®IOAW1100 WERE SET FOR THE PREP AR ATON OF I I 110°pm_Ta)'°�'l. .wa9em.nr� T`iE ATTACHED LEGAL DE6CRIP,IDN. 111111111111 11111 1111111 III 111111 111111 III 11111 IIII III 3271884 03/28/2005 12:46P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder LAND TITLE GUARANTEE COMPANY STATEMENT OF SETTLEMENT 2170 35Th AVE #1) "PURCHASERS" GREELEY, CO 80634 Land Title GUARANTEE COMPANY PROPERTY ADDRESS: VACANT LAND SELLER(S) : DUKE ENERGY FIELD SERVICES, LP, A DELAWARE LIMITED PARTNERSHIP BUYER(S) : COUNTY OF WELD, A BODY CORPORATE AND POLITIC SETTLEMENT DATE: February 28, 2005 DATE OF PRORATION: February 28, 2005 ITEM DESCRIPTION Debit Credit Sales Price 13, 750. 00 Alta Owners Policy 10-17-92 193. 00 Tax Report LAND TITLE GUARANTEE COMPANY 20. 00 Current Property Taxes 01/01/05-02/28/05 64 $1. 6084 93.28 Closing Fee LAND TITLE GUARANTEE COMPANY 200. 00 RELOCATION OF CATHODIC PROTECTION & RECEIVER SITES 51,379. 00 **** SubTotals **** 65,542. 00 93.28 Due From Buyer/Borrower 65,448. 72 Totals 65,542. 00 65,542. 00 The above figures do not include sales or use taxes on property. APPROVED AND ACCEPTED PURCHASER(S) : REAL ESTATE BROKER(S) COUNTY OP WELD, A BODY CORPORATE AND POLITIC By: >l•`., _ WILLIAM H. JERKS, CHAIR LAND TITLE CLOSING CCLLOSING AGENT: Melinda Gualandri ESCROW NO. : GR15031305 COMMITMENT NO. : FC25031305 Form 347 LTG1 The printed portion of this form is approved by the Colorado Real Estate Commission (55-60-7-71) LAND TITLE GUARANTEE COMPANY STATEMENT OF SETTLEMENT 2170 35TH AVE #1) "SELLERS" GREELEY, CO 80634 Land Title GUARANIES COMPANY PROPERTY ADDRESS: VACANT LAND SELLER(S) : DUKE ENERGY FIELD SERVICES, LP, A DELAWARE LIMITED PARTNERSHIP BUYER(S) : COUNTY OF WELD, A BODY CORPORATE AND POLITIC SETTLEMENT DATE: February 28, 2005 DATE OF PRORATION: February 28, 2005 ITEM DESCRIPTION Debit Credit Sales Price 13, 750. 00 Courier Fees 32. 00 Prior Year Property Taxes R6079086 1,397. 64 Current Property Taxes 01/01/05-02/28/05 @ $1. 6084 93.28 RELOCATION OF CATHODIC PROTECTION & RECEIVER SITES 51,379. 00 **** SubTotals **** 1, 522.92 65,129. 00 Due To Seller 63, 606. 08 Totals 65, 129. 00 65,129. 00 The above figures do not include sales or use taxes on property. SELLER(S) : APPROVED AND ACCEPTED REAL ESTATE BROKER(S) DOSE ENERGY FIELD SERVICES, LP, A DELAWARE LIMITED PARTNERSHIP Ey: lite191-Vci. STEPHEN O. MCNAIR, VICE-PRESIDENT LAND TITLE CLOSING AGENT: Melinda Oualandri ESCROW NO: OR25031305 COMMITMENT NO: FC25031305 Form 348 LT02 (05/04) The printed portion of this form is approved by the Colorado Real Estate Co:mission (S8-60-7-71) PURCHASER FINAL AFFIDAVIT AND AGREEMENT RE: Commitment No. FC25031305 Escrow No. GR25031305 State of Colorado, County of Weld RE: Real property and improvements located at: VACANT LAND in the County of Weld State of Colorado, and more particularly described as follows: SEE EXHIBIT "A" Whereas, Land Title Guarantee Company has issued its Commitment No. FC25031305 covering said property, The Undersigned, Purchaser of the Real Estate and improvements located on the herein described property, being first duly sworn on oath, for the purpose of inducing Land Title Guarantee Company to issue its ALTA Policy of Title Insurance, in connection with the property described in said commitment, do hereby make the following representations to Land Title Guarantee Company, with full knowledge and intent that said company shall rely thereon: 1. That those certain persons, firms and corporations, including the General Contractors, and all subcontractors hired by or under contract with the undersigned who have furnished services, labor or materials, according to plans and specifications or otherwise, used in connection with the construction of improvements on the real estate herein described, have been paid in full. 2. That no claims have been made to the undersigned, nor is any suit now pending on behalf of any contractor, subcontractor, laborer or materialman, nor any other suit of any kind, and that no chattel mortgages, conditional bills of sale, security agreements or financing statements have been made. 3. That, except as shown in the above-referenced commitment, there are no liens or encumbrances of any kind, recorded or unrecorded, affecting the subject property. 4. That there has been no architectural service or other work of any kind, contracted for or otherwise ordered by the undersigned, within the last 120 days, paid or unpaid, which could establish a priority for any future mechanics' lien claimant. If services or other work has been contracted for within the preceding 120 days, undersigned is required to attach a description of same with the corresponding payment information. 5. That the purchaser(s) have or will take possession of the premises on or about February 28, 2005 6. That the full purchase price has been paid by said purchaser(s) to said Owner-Seller. 7. The undersigned further understands that the payoff of any liens, mortgages, deeds of trust, etc., is based on written payoff figures obtained from the lien holder and agrees that, in the event Land Title Guarantee Company is notified by the lien holder that the payoff is insufficient to render the loan paid in full, the undersigned shall, upon notification by Land Title Guarantee Company, immediately tender the amount of funds necessary to complete the payoff. In light of the foregoing facts and representations, the undersigned, in consideration of the issuance by Land Title Guarantee Company of a policy of Title Insurance covering said property in the manner described by the undersigned as set out above, hereby promise, covenant and agree to hold harmless, protect and indemnify Land Title Guarantee Company, and any title insurance company that has issued an ALTA Policy of insurance pursuant to the commitment described above, from and against those liabilities, losses, damages, expenses and charges, including but not limited to reasonable attorneys' fees (including attorney's fees in the enforcement of this agreement) and expenses of litigation arising out of any inaccuracies in the above representations. Owner(s) Forwarding Address: COUNTY OF WELD, A BODY CORPORATE AND POLITIC P.O. BOX 758 GREELEY, CO 80632 By: �-:, / 44 A WILLIAM H.JERKE,CHAIR STATE OF Colorado } COUNTY OF The foregoing instrument was acknowledged before me on this day of by ` `y*c0 WILLIAM H. JERRE, CHAIR OF COUNTY OF WELD, A BODY CORPORATE AND - t0.�.............,tee, • WITNESS MY HAND AND OFFICIAL SEAL. ! I MEUNDA My Commission Expires: 10.11 Olo ; GUALANDRI Notary Public {U`1,'�j' .........�`�QQ Form 489 01/23/03 PA AFFIDAVIT (Purchaser) `Qt(OF Pot‘Commission Expires: EXHIBIT A A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 02245173, WELD COUNTY PUBLIC RECORDS, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 31 BEARS NORTH 00 DEGREES 28 MINUTES 28 SECONDS WEST AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2.25" ALUM. CAP, L.S. 12374. -THE SOUTHWEST CORNER OF WHICH BEING A 3 .25" ALUM. CAP IN RANGE BOX, L.S. 6973. COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 31; THENCE NORTH 89 DEGREES 38 MINUTES 20 SECONDS EAST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 31 A DISTANCE OF 365.39 FEET; THENCE NORTH 00 DEGREES 21 MINUTES 40 SECONDS WEST, A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 2 AND THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 38 MINUTES 20 SECONDS WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 40.47 FEET TO A POINT 40 FEET WESTERLY AND PERPENDICULAR SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13; THENCE NORTH 09 DEGREES 06 MINUTES 28 SECONDS WEST ALONG A LINE LYING 40 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 902.65 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS NORTH 08 DEGREES 02 MINUTES 03 SECONDS WEST A DISTANCE OF 115.05 FEET, HAVING A RADIUS OF 3070.00 FEET, A CENTRAL ANGLE OF 02 DEGREES 08 MINUTES 50 SECONDS AND AN ARC LENGTH OF 115.06 FEET; THENCE NORTH 06 DEGREES 57 MINUTES 38 SECONDS WEST A DISTANCE OF 1010.00 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13; THENCE SOUTH 09 DEGREES 06 MINUTES 28 SECONDS EAST ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 2033.13 FEET TO THE POINT OF BEGINNING; COUNTY OF WELD, STATE OF COLORADO. Form 952 LROAL.LATTHR (03/04) FC25031305 SELLER-OWNER FINAL AFFIDAVIT AND AGREEMENT RE: Commitment No. FC25031305 Escrow No. GR25031305 State of Colorado, County of WELD RE: Real property and improvements located at: VACANT LAND in the County of WELD State of Colorado, and more particularly described as follows: SEE EXHIBIT "A" Whereas, Land Title Guarantee Company has issued its Commitment No. FC25031305 covering said property, The Undersigned, Owner-Seller of the Real Estate and improvements located on the herein described property, being first duly sworn on oath, for the purpose of inducing Land Title Guarantee Company to issue its ALTA Policy of Title Insurance, in connection with the property described in said commitment, do hereby make the following representations to Land Title Guarantee Company, with full knowledge and intent that said company shall rely thereon: 1. That those certain persons, firms and corporations, including the General Contractors, and all subcontractors hired by or under contract with the undersigned who have furnished services, labor or materials, according to plans and specifications or otherwise, used in connection with the construction of improvements on the real estate herein described, have been paid in full. 2 . That no claims have been made to the undersigned, nor is any suit now pending on behalf of any contractor, subcontractor, laborer or materialman, nor any other suit of any kind, and that no chattel mortgages, conditional bills of sale, security agreements or financing statements have been made. Further, there are no liens or encumbrances recorded or unrecorded affecting the subject property. 3. That there has been no architectural service or other work of any kind, contracted for or otherwise ordered by the undersigned, within the last 120 days, paid or unpaid, which could establish a priority for any future mechanics' lien claimant. If services or other work has been contracted for within the preceding 120 days, undersigned is required to attach a description of same with the corresponding payment information. 4. That all improvements constructed on the real estate herein described were completed on or before February 28, 2005 5. That all fees, assessments and charges of the homeowners association having jurisdiction over the above described property, if applicable, are current at this time. I There are no existing leases or tenancies affecting said property. In light of the foregoing facts, the undersigned, in consideration of the issuance by Land Title Guarantee Company of a policy of Title Insurance covering said property in the manner described by the undersigned as set out above, hereby promise, covenant and agree to hold harmless, protect and indemnify Land Title Guarantee Company, and any title insurance company that has issued an ALTA Policy of insurance pursuant to the commitment described above, from and against those liabilities, losses, damage expenses and charges, including but limited to reasonable attorneys' fees (including attorney's fees in the enforcement of this agreement) and expenses of litigation arising out of any inaccuracies in the above representations. the above representations. Seller(s) Forwarding Address: 1324 N. 7TH AVENUE GREELEY, CO 80631 DUKE ENERGY FIELD SERVICES, LP, A DELAWARE LIMITED PARTNERSHIP 6. q/�/ By3 /" '� *�'"<„�. ♦O STEPHEN O. MCNAIR, VICE.PRESIDB . X; I. • _� ; STATE OF (le/Cdac'' (2 } \'% ':S ,.•�Oet COUNTY OF bc,i`M1ie• - I ..........l�..••;: The foregoing instrument was acknowledged before me on this day of 1.4 E"I�'•.••. 1. by STEPHEN O. MCNAIR, VICE-PRESIDENT OF ASSOCIATED NATURAL GAS, INC., A COLORADO CORPORATION NOW KNOWN AS (THROUGH NAME CHANGES i MERGERS) DUKE ENERGY FIELD SERVICES, LP, A DELAWARE LIMITED PARTNERSHIP WITNESS MY HAND AND OFFICIAL SEAL. My Commission Expires: 7/46,-- Form 490 SA 12/08/03 AFFIDAVIT (Seller) ary Public EXHIBIT A A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 02245173, WELD COUNTY PUBLIC RECORDS, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 31 BEARS NORTH 00 DEGREES 28 MINUTES 28 SECONDS WEST AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2 .25" ALUM. CAP, L.S. 12374. -THE SOUTHWEST CORNER OF WHICH BEING A 3 .25" ALUM. CAP IN RANGE BOX, L.S. 6973 . COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 31; THENCE NORTH 89 DEGREES 38 MINUTES 20 SECONDS EAST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 31 A DISTANCE OF 365.39 FEET; THENCE NORTH 00 DEGREES 21 MINUTES 40 SECONDS WEST, A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 2 AND THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 38 MINUTES 20 SECONDS WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 40.47 FEET TO A POINT 40 FEET WESTERLY AND PERPENDICULAR SAID WESTERLY. RIGHT OF WAY LINE OF WELD COUNTY ROAD 13; THENCE NORTH 09 DEGREES 06 MINUTES 28 SECONDS WEST ALONG A LINE LYING 40 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 902.65 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS NORTH 08 DEGREES 02 MINUTES 03 SECONDS WEST A DISTANCE OF 115.05 FEET, HAVING A RADIUS OF 3070.00 FEET, A CENTRAL ANGLE OF 02 DEGREES 08 MINUTES 50 SECONDS AND AN ARC LENGTH OF 115.06 FEET; THENCE NORTH 06 DEGREES 57 MINUTES 38 SECONDS WEST A DISTANCE OF 1010.00 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13; THENCE SOUTH 09 DEGREES 06 MINUTES 28 SECONDS EAST ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 2033.13 FEET TO THE POINT OF BEGINNING; COUNTY OF WELD, STATE OF COLORADO. Form EXHIBITA 01/17/03 FC25031305 Printed portions of this form, except differentiated additions, have been approved by Colorado Real Estate Commission (CLa-5-04) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CLOSING INSTRUCTIONS AND EARNEST MONEY RECEIPT February 28,2005 1.PARTIESIPROPERTY. DUKE ENERGY FIELD SERVICES, LP, A DELAWARE LIMITED PARTNERSHIP , Seller and COUNTY OF WELD, A BODY CORPORATE AND POLITIC , Buyer, engage LAND TITLE GUARANTEE COMPANY , Closing Company, who agrees to provide closing and settlement services in connection with the closing of the following described real estate in the County of WELD , Colorado: SEE EXHIBIT 'A• ATTACHED HERETO AND MADE A PART HEREOF. also known as: VACANT LAND 2.INFORMATIONIPREPARATION. Closing Company is authorized to obtain any information necessary for the closing. Closing Company agrees to prepare, deliver, and record those documents (excluding legal documents) necessary to carry out the terms and conditions of the Contract to Buy and Sett Real Estate, dated , including any counterproposals and amendments (Contract). 3.CLOSING FEE. Closing Company will receive a fee not to exceed $200.00 for providing these closing and settlement services. 4.G000 FUNDS. Closing Company is authorized to receive funds and to disburse when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn ("Good Funds"). 5.RELEASEIDISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value prior to receipt and disbursement of Good Funds, except as provided in sections 10 and 11. 6.DISBURSER. Closing Company shall disburse all funds, including real estate commissions, except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before closing. All parties agree that no one other than the disburser can assure that payoff of Loans and other disbursements will actually be made. 7.SELLER'S NET PROCEEDS. Seller will receive the net proceeds of closing as indicated: Cashier's Check (at Seller's expense); Funds Electronically transferred ("wire transfer") to an account specified by Seller (at Seller's expense); T Closing Company's trust account check. B.FURNISHINFORMATION ANO DOCUMENTS. Buyer and Seller will furnish any additional information and documents required by Closing Company that will be necessary to complete this transaction. 9.CLOSING STATEMENT. Closing Company will prepare and deliver an accurate, complete and detailed closing statement to Buyer and Seller at time of closing. 10.FAILURE OF CLOSING. If closing or disbursement does not occur on or before Closing Date set forth in the Contract, Closing Company, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to depositing party, upon which Closing Company will be relieved from any further duty, responsibility or liability in connection with these instructions. In addition, any promissory note, deed of trust or other evidence of indebtedness signed by Buyer shall be voided by Closing Company with the originals returned to Buyer and a copy to Buyer's lender. I1.EARNEST MONEY DISPUTE. In the event of any controversy regarding the Earnest Money and things of value held by Closing Company (notwithstanding termination of the Contract or mutual written instructions), Closing Company shall not be required to take action. Closing Company 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. 12.SUBSEQUENT AMENDMENTS. Any amendments to, or termination of, these Closing Instructions must be in writing and signed by Buyer, Seller and Closing Company. 13.WITHHOLOING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a substantial portion of the proceeds of this sale when Seller either (a) is a foreign person or (b) wilt not be a Colorado resident after closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an exemption exists. 14.ADOITIONALPROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.) 15.000NTERPARTS. This document may be executed by Buyer, Seller and Closing Company, seperately, and when each party has executed a copy, such copies taken together shall be deemed to be a full and complete contract between the parties. 16.BROKER'S COPIES. Closing Company shall provide, to each broker in this transaction, copies of all signed documents that such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission. 17.NOTICE,DELIVERY AND CHOICE OF LAW. a. PhysicalDelivery. Except as effective in 17(b) below, all notices must be in writing. Any notice to Buyer shall be provided when received by Buyer or Selling Brokerage Firm, any notice to Seller shall be effective when received by Seller or Listing Brokerage Firm, and any notice to Closing Company shall be effective when received by Closing Company. h. ElectrenicDelivery. As an alternative to physical delivery,+s-_signed documents and written notice may be delivered in electronic form by the following indicated methods only: ['FacsimileLJE•Mail ❑None. Documents with original signatures shall be provided upon request of any party. c. ChaiceefLaw.This contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado applicable to Colorado residents who sign a contract in this state for property located in Colorado. DUKE ENERGY FIELD SERVICES, LP, A DELAWARE LIMITED COUNTY OF WELD, A BODY CORPORATE AND POLITIC PARTNERSHIP ,//Jj,F'//�////r /'}(� /j_ By: '(/^� V' ..9 r By: - L�/J�(/�✓' STEPHHA O. MCNAIR, VICE-PRESIDENT WILLIAM H. JERKS, CHAIR FORM 957 CLOS.INST.04 (06/04) 25031305 EXHIBIT A A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 02245173, WELD COUNTY PUBLIC RECORDS, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 31 BEARS NORTH 00 DEGREES 28 MINUTES 28 SECONDS WEST AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2.25" ALUM. CAP, L.S. 12374. -THE SOUTHWEST CORNER OF WHICH BEING A 3 .25" ALUM. CAP IN RANGE BOX, L.S. 6973 . COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 31; THENCE NORTH 89 DEGREES 38 MINUTES 20 SECONDS EAST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 31 A DISTANCE OF 365.39 FEET; THENCE NORTH 00 DEGREES 21 MINUTES 40 SECONDS WEST, A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 2 AND THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 38 MINUTES 20 SECONDS WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 40.47 FEET TO A POINT 40 FEET WESTERLY AND PERPENDICULAR SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13; THENCE NORTH 09 DEGREES 06 MINUTES 28 SECONDS WEST ALONG A LINE LYING 40 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 902.65 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS NORTH 08 DEGREES 02 MINUTES 03 SECONDS WEST A DISTANCE OF 115.05 FEET, HAVING A RADIUS OF 3070.00 FEET, A CENTRAL ANGLE OF 02 DEGREES 08 MINUTES 50 SECONDS AND AN ARC LENGTH OF 115.06 FEET; THENCE NORTH 06 DEGREES 57 MINUTES 38 SECONDS WEST A DISTANCE OF 1010.00 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13; THENCE SOUTH 09 DEGREES 06 MINUTES 28 SECONDS EAST ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 2033.13 FEET TO THE POINT OF BEGINNING; COUNTY OF WELD, STATE OF COLORADO. Form EXHIBITA 01/17/03 FC25031305 UTILITY AGREEMENT (With Well and Septic system - No Adjustment on Settlement Sheets) At the closing of VACANT LAND (Property Address) on February 28 , 2005 (Date), by Land Title Guarantee Company both the Buyer(s) and Seller(s) fully understand that Land Title Guarantee Company DOES NOT notify Qwest Communications, Xcel Energy and/or the Seller's present Insurance Agency to cancel the existing insurance policy. IT IS THE SELLER(S) RESPONSIBILITY to call the electric/gas company for a final reading and to give them your forwarding address for the final bill. It is also the Seller's responsibility to notify Qwest Communications and to notify your present insurance agent. IT IS THE BUYER(S) RESPONSIBILITY to call the electric/gas company and to give them the personal information they may require for their records, and the telephone company to put service into your name(s) and correct mailing address, if different than the property just purchased. I.R.E.A.'s NUMBER IS 303-688-3100 XCEL ENERGY IS 1-800-895-4999. QWEST COMMUNICATIONS NUMBER FOR NEW SERVICES IS 1-800-244-1111 (to transfer service, please consult the telephone directory) The Parties hereto further agree to the following: The undersigned Buyer(s) and Seller(s) of the property referenced above understand that water is supplied by a well and sewer is handled by a septic system. No adjustment is required between Buyer(s) and Seller(s) for the well and septic system. This Agreement was made and executed this day of February 28 , 2005 . COUNTY OP WELD, A BODY CORPORATE AND POLITIC DUKE ENERGY FIELD SERVICES, LP, A DELAWARE LIMITED PARTNERSHIP By: '21-7J7/ By> e *ci- WILLIAM H.JERKE, CHAIR STEPHEN O. MCNAIR, VICE-PRESIDENT Form 393 01/17/03 9-GCR GR25031305 • AGREEMENT FOR TAXES It is hereby understood and agreed between the Buyer(s) and Seller(s) of the property known as: VACANT LAND that the taxes for the current year have been adjusted as of this date on the basis of the most recent assessment and most recent mill levy. They are as follows: (x) $9, 896 . 00 Land Assessment for (year) (x) $0 . 00 Improvement Assessment for (year) multipled by the mill levy of 59 .322 for (year) equals the current adjustment of $587 . 05 . Figures were obtained by telephone from the County Assessors office and Land Title Guarantee Company assumes no responsibility or any liability in the event the County Assessor misquoted the figures. Any adjustment shall be made between the Buyer(s) and Seller(s) if necessary, and Land Title Guarantee Company, or its underwriter will not make or be responsible for this re-adjustment or any liability in in connection therewith. ( ) NO ADJUSTMENT ( ) Estimate for taxes of ( ) Taxes based on percent of in the amount of and this agreement shall be (x) A final settlement. ( ) Re-adjusted between the Buyer(s) and Seller(s) as soon as the taxes have been billed by the County Treasurer. If a re-adjustment is necessary, Land Title Guarantee Company will not make or be responsible for this re-adjustment. It is further understood and agreed between the Buyer(s) and Seller(s) that (x) No governmental body taxing authority has certified an assessment lien to the County Treasurer for special improvements installed prior to the date of the Buyers execution of the Agreement for Purchase. ( ) Special improvements now in and being paid in annual installments are to be assumed by the Buyer(s), with current annual assessments in the amount of , with the total payoff amount of this assessment being This assessment will be fully paid on Note: Land Title Guarantee Company and/or its underwriter assumes no responsibility or any liability for the adjustment of special taxes on assessments unless they are shown on the County Treasurer's Certificate of Taxes Due. Any adjustment shall be made between the Buyer(s) and Seller(s), if necessary, and Land Title Guarantee Company, or its underwriter will not make or be responsible for the re-adjustment or liability in connection therewith. This Agreement made and executed this day of February 28, 2005 Buyer(a) Seller(s) COUNTY OF WELD, A BODY CORPORATE AND POLITIC DUKE ENERGY FIELD SERVICES, LP, A DELAWARE LIMITED q' L PARTNERSHIP By: ' •'_'/W( ByA5.36% WILLIAM H. JERRE, CHAIR STEPHEN O. MCNAIR, VICE-PRESIDENT Form 277 05/04 MRA.FINAL AGREEMENT FOR TAXES FC25031305 REAL PROPERTY TRANSFER DECLARATION GENERAL INFORMATION (TD-1000) PURPOSE: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). REQUIREMENTS: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (setter) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S. PENALTY FOR NONCOMPLIANCE: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025p (.00025) of the sales price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer faits to submit the declaration until the property is sold. Refer to 39-14-102(1)(6), C.R.S. CONFIDENTIALITY: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. 39-5-121.5, C.R.S. and 39-13-102(5)(c), C.R.S. 1. Address and/or legal description of the real property sold: (Please do not use P.O. box numbers) VACANT LAND 2. T pe of property purchased: ❑ Single Family Residential ❑ Townhome Condominium E] Multi-UnitRes Commercial E] Industrial E] Agricultural E] Mixed Use x Vacant Land ❑ Other 3. Date of closing: February 28, 2005 Contract date: 4. Total Sales Price: including all real and personal property. $13,750.00 5. Was any personal property included in the transaction? Personal property would include, but not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire urchase price will be assumed to be for the real property as per 39-13-102, C.R.S. Yes ❑ No If yes, approximate value $ Describe 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approx- imate value of the goods or services as of the date of closing. ❑ Yes ® No If yes, value $ If yes, does this transaction involve a trade under IRS Code Section 1031? O Yes X❑ No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. ❑x Yes ❑ No If no, interest purchased 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include ersons within the same family, business affiliates, or affiliated corporations. Yes © No 9. Check any of the following that apply to the condition of the i rovements at the time of purchase. ❑ New ❑ Excellent E] Good E] Average E] Fair 0 Poor ❑ Salvage. If the property is financed, please complete the following. 10. Total amount financed. $ 11. T pe of financing: (Check all that apply) New ❑ Assumed ❑ Setter ❑ Third Party Combination; Explain 12. Terms: 8 Variable; Starting interest rate Fixed; Interest rate Length of time years Balloon payment U Yes U No; Amount Due Date 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor understand the terms of sale. For properties other than residential (Residential is defined as: single family detached, townhomes, apartments, and condominiums) please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? ❑ Yes Q No If yes, franchise or license fee value? $ 15. Did the purchase price involve an installment land contract? ❑ Yes © No If yes, date of contract 16. If this was a vacant land sale, was an on-site inspection of the property conducted by the buyer prior to the closing? ❑X Yes ❑ No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed on this day of February 28, 2005 . Please designate buyer or setter. 4 'R! / , Mailing Address Signature of Grantee (Buyer) U or Grantor (Seller) ❑ COUNTY OF WELD, A BODY CORPORATE AND POLITIC P.o. Box 758 Greeley, Co 80632 Daytime Phone Form 358 1/17/03 RPT REAL PROPERTY TRANSFER DECLARATION FC25031305 0R25031305 (1345870) • DISCLOSURE The undersigned hereby acknowledge that they understand and agree to the following provisions: 1. Laws Relating to Unclaimed Funds. All parties are hereby advised that checks issued by Land Title and not cashed by payee are subject to laws of escheat and/or unclaimed property laws. Should Land Title transfer such funds to a state office, Land Title shall be released from all further responsibility under this Agreement and shall not be liable to any Party so long as such payment was made pursuant to applicable law. 2. Funds Held by Land Title. Land Tide shall keep all funds deposited pursuant to any closing and settlement services separate and apart from the assets of the company, in an account designated as an escrow account or custodial account and so recognized by the depository institution. The undersigned hereby acknowledge that funds held by Land Tide may generate earnings and understand and agree that such earnings will be retained by Land Title. 3. FDIC Limit Notice. The insurance coverage provided by the Federal Deposit Insurance Corporation protects a depositor up to a cumulative maximum deposit of $100,000.00 for each insured financial institution. Ownership is determined by the deposit records of the financial institution and/or the records of the named custodian of any escrow accounts. Land Tide and its underwriter assume no responsibility for nor will the undersigned hold same liable for any loss which arises from the fact that the amount of the above deposit may cause the aggregate amount of any individual depositor's accounts to exceed $100,000.00 Seller(e) Buyer(E)/Borrower(e) DUKE ENERGY FIELD SERVICES, LP, A DELAWARE LIMITED COUNTY OP WELD, A BODY CORPORATE AND POLITIC PARTNERS/ �j� .�. HIP By��/�41 O 6' !A-i By: 41-C17/ `'lib.{ NAME/TITLE WILLIAM H. JEREZ, CHAIR Stephen 0. McNair Vice-President Date: February 28, 2005 Form 368 05/29/03 DIBCLOSURE.4.0 25031305 Hello