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SPECIAL WARRANTY DEED
THIS DEED,Made this ne day of May , 1997, between PUBLIC SERVICE COMPANY OF
COLORADO, a Colorado Corporation (hereinafter referred to as Grantor), and the County of
Weld, a body corporate and politic of the State of Colorado, whose legal address is P.O. Box 758,
Greeley, Colorado, 80632 (hereinafter referred to as Grantee):
WITNESSETH, That the Grantor, for the sum of One Thousand Nine Hundred Twenty and 00/100
Dollars ($1,920.00), and other good and valuable consideration, 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, its successors and assigns forever,
all the real property, together with improvements, if any, situate, lying and being in the County of
Weld, State of Colorado, described as follows:
The part of Section 3, Township 3 North, Range 67 West of the 6th P.M., Weld County,
Colorado, described as follows: beginning at the S1/4 corner of said Section 3; thence
NOO°56'07"W 23.0 feet; thence on a curve to the left of 4°00'00" a distance of 279.18 feet;
thence N12°06'07"W 2915.69 feet; thence on a curve to the left of 4°00'00" a distance of
219.60 feet more or less; thence N69°06'57"E 30.00 feet to the True Point of Beginning
said point being on the current East right-of-way line of County Road 19.5; thence
N69°06'57"E 20.00 feet; thence N20°41'59"W 654.36 feet to a point on the Southern
property line of a parcel of land described in Book 1551 at Page 913 of the Weld County
Clerk and Recorder's records; thence S75°11'57"W (recorded as S76°06'30"W) along the
Southern property line 69.46 feet to a point on said East right-of-way line of County Road
19.5; thence along said East right-of-way line by the following two courses and distances;
S25°18'51"E 535.45 feet; along a curve to the right of 03°55'05" a distance of 128.03 feet
to the True Point of Beginning containing in all 0.64 acres more or less.
Also known by street and number as: No Address- Vacant Land Only.
TOGETHER with all and singular the hereditaments 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;
To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,
unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and
assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the
above-bargained premises in the quiet and peaceable possession of the Grantee, its successors and
assigns, against all and every person and persons claiming the whole or any part thereof, by,
through or under the Grantor.
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Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00
SPECIAL WARRANTY DEED
IN WITNESS WHEREOF, the Grantor has caused its corporate name to be hereunto subscribed by its
Vice President, and its corporate seal to be hereunto affixed, attested by its Assistant
Secretary, the day and year first above written.
PUBLIC SERVICE COMPANY OF COLORADO,
Attest: a Colorado Corporation,
717
�1L1 Pe&c,
Assistant Sberetary � ice P sident
,
°: SEAL
m3' 1924
STATE OF COLORADO
SS:
CITY AND COUNTY OF DENVER
The foregoing instrument was acknowledged before me this 2 nc✓ day of Max( 1997,
t�.GKCi(4 as Vice President and Nat 'r i e rs�,.J as Assistant Secretary of Public
ServiceCompany of Colorado, a Colorado Corporation. _
Witness my hand and official seal. ace.• '91✓;'_
`r r.++Ar f
Nota
Pubh My eoi d xx. res J tk i l ( g, i 9�if�z
tC`i •• P
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Name and Address of Person Creating Newly Cre. ; •escription.(§-38-1-6.5, C.R.S.)
Weld County Public Works Department, Greeley, Colorado.
PAGE 2 of 2
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EXHIBIT C
TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That PUBLIC SERVICE COMPANY OF
COLORADO, Grantor, whose legal address is, 550 15th Street, Suite 1000, P.O. Box 840,
Denver, Colorado 80201-0840, in consideration of ONE HUNDRED and 00/100 ($100.00)
DOLLARS, in hand paid, and other good and valuable consideration, does hereby grant, bargain,
sell and convey to THE COUNTY OF WELD, a body corporate and politic of the State of
Colorado, by and through its Board of County Commissioners, Grantee, a Temporary Easement
for use during construction of road and bridge improvements,together with all rights and privileges
as are necessary or incidental to the reasonable and proper use of such easement in and to, over,
under and across the tract of land described as follows:
See attached Exhibit "A", hereby made a part of the contract.
1. Said Temporary Easement shall commence on March 15, 1997, and shall expire and
be no further force or effect on March 15, 1998.
2. During the term of this Temporary Easement, Grantor shall not erect or construct,
or allow to be erected or constructed, any building or other structure which may interfere with
Grantee's full enjoyment of the rights hereunder.
3. As a condition of the granting of this Temporary Easement the Grantee covenants and
agrees to restore said lands, landscaping, fences, or other improvements to a level comparable to or
greater than their original condition and to pay Grantor the cost to reimburse any loss to growing
crops resulting from the construction contemplated herein.
4. 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 or employees, hereto.
5. Grantor warrants that it has full and lawful authority to make the grant hereinabove
contained, and promises and agrees to defend Grantee in the exercise of its rights hereunder against
any defect in Owner's rights to make the grant hereinabove contained.
6. 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. All of the covenants herein
contained shall be binding upon and insure to the benefit of the parties hereto, their respective
personal representatives, successors and assigns.
56-oa 362q 971910
C eYwtnZQpi1 7//
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Weld County CO JA SukL Tsukamoto Clerk & Recorder 0.00
Exhibit C
Page 2
7. Indemnification: To the extent authorized by law, Weld County agrees to indemnify,
save, defend, and hold harmless Public Service Company of Colorado from any and all liability
incurred as a result of acts, omissions, or failures to act by County in its performance of the duties
set forth in this Agreement on those portions of the streets and roads located within Weld County's
jurisdictional boundaries. The term "liability" includes, but is not limited to, any and all claims,
damages, and court awards, including costs, expenses, and attomey's fees, incurred as a result of any
act or omission by County and its employees.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this
Leviday of MPy , 1997.
PUBLIC SSEERVVIICCE�(COMPANY
� OOF COLORADO Q /� �
,l/ itAnl��%E�& Title 44L1 '- 0777e-At:
STATE OF COLORADO ) Rcys _ , ?i�97�al
COUNTY OF WELD )
A The foregoing instrument was acknowledged before me/this 2> day of
t�\14`(' , 1997, by J. V,cToh (c.k:)`?f..tirS
Witness my hand and • : ' ' -1 seal (2
� •. GARY •� /� Mary lic
M06ENSEN o Li - p r,7G.,(<, c,r
45:: .:O % Tax ID # (if applicable) :
1 , •• •••• . *
r�i� ,. : :0,,0
ATTEST;etimi - p rp,r" BOARD OF COUNTY COMMISSIONERS
�'
Weld,`,nlq �r)(/'t�• he Board WELD COUNTY, COLORADO
4 r/
By: � l;ti.`tke' ✓41 �1 /' By: l
.•e?, '} igfeA trch, Board Georg E. Baxter, Chair ,0y/0107
m.\wptiles\•• ,,; .. �
2560263 B-1618 P-300 07/29/1997 01 :46P PG 2 OF 4
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
Public Service Company
Construction Easement#1
The part of Section 3, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado,
described as follows: beginning at the S1/4 corner of said Section 3; thence N00°56'07"W 23.0 feet;
thence on a curve to the left of 4°00'00" a distance of 279.18 feet; thence N12°06'07"W 2915.69
feet; thence on a curve to the left of 4°00'00" a distance of 219.60 feet more or less; thence
N69°06'57"E 50.00 feet; thence N20°41'59"W 282.60 feet to the True Point of Beginning; thence
N69°18'01"E 113.00 feet;thence N20°41'59"W 75.00 feet;thence S69°18'01"W 113.00 feet;thence
S20°41'59"E feet to the True Point of Beginning containing in all 0.20 acres more or less.
Public Service Company
Construction Easement#2
The part of Section 3, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado,
described as follows: beginning at the S1/4 corner of said Section 3; thence N00°56'07"W 23.0 feet;
thence on a curve to the left of 4°00'00" a distance of 279.18 feet; thence N12°06'07"W 2915.69
feet; thence on a curve to the left of 4°00'00" a distance of 59.00 feet more or less; thence
S75°31'48"W 30.00 feet to the True Point of Beginning said point being on the current West right-
of-way line of County Road 19.5; thence S75°31'48"W 10.00 feet; thence on a curve to the left of
4°06'54" a distance of 277.81 feet; thence N64°07'40"E 10.00 feet to a point on said West right-of
way line; thence on a curve to the right of 4°05'08" a distance of 279.80 feet along said West right-
of-way line of County Road 19.5 to the True Point of Beginning containing in all 0.06 acres more
or less.
m:\wpfles\dons\psco-2
2560263 8-1618 P-300 07/29/1997 01 :46P PG 3 OF 4
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Q2 DESCRIBES TEMPORARY CONSTRUCTION EASEMENT #1
Q3 DESCRIBES TEMPORARY CONSTRUCTION EASEMENT #2
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c JOB NO.: WEL19.5/368 DES'N BY: B. NATION
In
cm PUBLIC SERVICE OF COLORADO ODOR ENGINEERING
SCALE: 1"=100' WELD COUNTY, COLORADO CHK BY: S.HAYNES HL& INC.
DATE: 2/12/97 . SHT. NO. 1
0(0s
PROPERTY RELEASE FORM
PUBLIC SERVICE COMPANY OF COLORADO
INDENTURE DATED DECEMBER 1, 1939
WHEREAS, PUBLIC SERVICE COMPANY OF COLORADO, a Colorado
corporation (the "Company"), has executed and delivered to FIRST TRUST OF NEW
YORK, N. A., as Successor Trustee (the "Trustee"), a certain Indenture conveying the
property described therein to the Trustee, dated as of December 1, 1939, as
supplemented by various supplemental indentures including the Supplemental Indenture
dated as of June 1, 1947 (the "Indenture"), securing the bonds issued and to be issued
thereunder, which Indenture and said Supplemental Indenture were recorded in the
County of Weld on December 1, 1939 and June 27, 1947, respectively, in Book 1053,
Page 272, and in Book 1207, Page 1, respectively, of the records of said County;
WHEREAS, the Company has executed and delivered to the Trustee a
Supplemental Indenture dated as of July 1, 1968, supplemental to the Indenture, which
Supplemental Indenture was recorded in Weld County, Colorado, on July 26, 1968, at
Reception #1519072, in Book 597, of the records of said County by which instruments the
property herein specified was conveyed to the Trustee, and
WHEREAS, the Indenture requires the Trustee, upon the request of the Company
and the fulfillment of certain conditions, to release from the operation and lien of the
Indenture property that the Company has contracted to sell;
2560265 B-1618 P-302 07/29/1997 01 :47P PG 1 OF 4 REC DOC
Weld County CO JA Suki Tsokamoto Clerk & Recorder 0.00
WHEREAS, the Company has requested the Trustee to release the property
described below from the lien of the Indenture and has complied with all the conditions
and requirements of the Indenture with respect to such release and the Trustee is
authorized to effect the same.
NOW, THEREFORE, in the consideration of the premises, and of the sum of One
Thousand Nine Hundred Twenty Dollars ($1,920), and other valuable consideration, to it
in hand paid by the Company, receipt whereof is hereby acknowledged, the Trustee,
does release and discharge from the operation and lien of the Indenture, and does
forever grant, convey, sell, assign, and transfer unto the Company and its successors and
assigns, all the right, title, and interest of the Trustee in and to the property situated in
Weld County, Colorado, described as follows:
The part of Section 3, Township 3 North, Range 67 West of the 6'h P.M.,
Weld County, Colorado, described as follows: beginning at the S1/4
corner of said Section 3; thence NOO°56'07"W 23.0 feet; thence on a
curve to the left of 4°00'00" a distance of 279.18 feet; thence
N12°06'07"W 2915.69 feet; thence on a curve to the left of 4°00'00" a
distance of 219.60 feet more or less; thence N69°06'57"E 30.00 feet to
the True Point of Beginning said point being on the current East right-of-
way line of County Road 19.5; thence N69°06'57"E 20.00 feet; thence
N20°41'59"W 654.36 feet to a point on the Southern property line of a
parcel of land described in Book 1551 at Page 913 of the Weld County
Clerk and Recorder's records; thence S75°11'57"W (recorded as
S76°06'30"W) along the Southern property line 69.46 feet to a point on
said East right-of-way line of County Road 19.5; thence along said East
right-of-way line by the following two courses and distances; S25°18'51"E
535.45 feet; along a curve to the right of 03°55'05" a distance of 128.03
feet to the True Point of Beginning containing in all 0.64 acres more or
less.
PROVIDED, HOWEVER, that this property release shall in no way affect the right,
title, and interest of the Trustee in or to any property subject to the operation and lien of
the Indenture other than the property described herein.
2560265 B-1618 P-302 07/29/1997 01 :47P PG 2 OF 4
IN WITNESS WHEREOF, the Trustee has caused its corporate name to be
affixed, and this property release to be signed by one of its Vice Presidents, and its
corporate seal to be affixed and attested�by one of its Assistant Secretaries, for and in its
behalf, all as of this I day ot__..''u IL / , 1997.
FIRST TRUST OF NEW YORK, N.A.
Trustee
By: J. '
Title: t c p �° p t, ,
ATTEST:
Assista t Secre a
4* Fug°, '
c tic.;.4 CO
fry
r ; w')i
2560265 B-1618 P-302 07/29/1997 01 :47P PG 3 OF 4
STATE OF NEW YORK )
)SS.
CITY AND COUNTY OF NEW YORK )
The foregoing in r ment cknowledged fore me this I day of
fJ1997, by QM yd0 pnd pa C:t I11� .S
Vice Pr ident and Assistant Secrete respectively,ry, of FIRST TRUST OF NEW YORK,
N. A., a corporation in good standing and organized under the laws of the State of New
York.
WITNESS MY HAND AND OFFICI L S AL, the day and year above written.
My commission expires
t
N tcPi 1 `��)t-S�
CHRISTINE M. BASTONE
NOTARY PUBLIC,State of New York
No.01BA5o4 t06
Quaffed in Richmond County
Commission Expires August 14, 199,
%v;14 .Z� \f
0ti1j° 19j ",,
see A
41
Y Aar ,10 4....
I' ti
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R
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2560265 B-1618 P-302 07/29/1997 01 :47P PG 4 OF 4
a10la
FORM OF PROPERTY RELEASE
PUBLIC SERVICE COMPANY OF COLORADO
INDENTURE DATED OCTOBER 1, 1993
WHEREAS, PUBLIC SERVICE COMPANY OF COLORADO, a Colorado
corporation (the "Company), has executed and delivered to FIRST TRUST OF NEW
YORK, N. A., as Successor Trustee (the "Trustee"), a certain Indenture conveying the
property described therein to the Trustee, dated as of October 1, 1993, as supplemented
by various supplemental indentures (the "Indenture"), securing the bonds issued and to
be issued thereunder, which Indenture was recorded in the County of Weld, on
October 13, 1993, at Reception No. 2354434, in Book 1406, Page 1, of the records of
said County;
WHEREAS, the Indenture requires the Trustee, upon the request of the Company
and the fulfillment of certain conditions, to release from the operation and lien of the
Indenture property to be sold by the Company;
WHEREAS, the Company has requested the Trustee to release the property
described in Exhibit A hereto (the "Property") from the lien of the Indenture and
represents that the Company has complied with all the conditions and requirements of the
Indenture with respect to such release and that the Trustee is authorized to effect the
same.
NOW, THEREFORE, the Trustee does release and discharge from the operation
and lien of the Indenture, all the right, title and interest of the Trustee in and to the
Property situated in Weld County, Colorado;
2560266 B-1618 P-303 07/29/1997 01 :47P PG 1 OF 4 REC DOC
Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00
PROVIDED, HOWEVER, that this property release shall in no way affect the right,
title and interest of the Trustee in or to any property subject to the operation and lien of
the Indenture other than the property described herein.
IN WITNESS WHEREOF, the Trustee has caused its corporate name to be
affixed, and this property release to be signed by one of its Vice Presidents, and its
corporate seal to be affixed and attes ed by one of its Assistant Secretaries, for and in its
behalf, all as of this I day of , 1997.
FIRST TRUST OF NEW YORK, N.A.
Trustee
By: i e�
Title: i C e I e40
ATTEST:
Asses nt Secret
FIR9r
off' s, C
en c O
N7,
r ti
.//)
2560266 13-1618 P-303 07/29/1997 01 :47P PG 2 OF 4
STATE OF NEW YORK
SS:
COUNTY OF NEW YORK )
+The foregctng instrume was acknowledged before me this I day of J(A lc/
{q q I L by OcChaai porn I ct��C t I k A LCS , Vice President
and Assistant Secretary, respectively, of FIRST TRUST OF NEW YORK, N. A., a
corporation in good standing and organized under the laws of the State of New York.
WITNESS MY HAND AND OFF CIA SEAL, the day and year above written.
My commission expires
tary Public
CHRISTINE M. BASTONE
NOTARY PUBLIC,State of New York
No.01BA5048106
Qualified in Richmond Coun
Commission Expires August 14, 19 '
r'e,)
t �
onaOw �.
♦ea
L, :tLofl
4 a
i )
2560266 B-1618 P-303 07/29/1997 01 :47P PG 3 OF 4
EXHIBIT A
The part of Section 3, Township 3 North, Range 67 West of the 611" P.M., Weld
County, Colorado, described as follows: beginning at the S1/4 corner of said
Section 3; thence N00°56'07"W 23.0 feet; thence on a curve to the left of
4°00'00" a distance of 279.18 feet; thence N12°06'07"W 2915.69 feet; thence on
a curve to the left of 4°00'00" a distance of 219.60 feet more or less; thence
N69°06'57"E 30.00 feet to the True Point of Beginning said point being on the
current East right-of-way line of County Road 19.5; thence N69°06'57"E 20.00
feet; thence N20°41'59"W 654.36 feet to a point on the Southern property line of
a parcel of land described in Book 1551 at Page 913 of the Weld County Clerk
and Recorder's records; thence S75°11'57"W (recorded as S76°06'30"W) along
the Southern property line 69.46 feet to a point on said East right-of-way line of
County Road 19.5; thence along said East right-of-way line by the following two
courses and distances; S25°18'51"E 535.45 feet; along a curve to the right of
03°55'05" a distance of 128.03 feet to the True Point of Beginning containing in
all 0.64 acres more or less.
2560266 B-1618 P-303 07/29/1997 01 :47P PG 4 OF 4
• lti
AIPPI MEMORANDUM
CTO: Vicky Sprague, Commissioner's Office DATE: 7/15/97
COLORADO �4 -
FROM: Don Somer, Utility Agent` {-=-->
SUBJECT: Signatures for Documentation
Enclosed are the listed documents: Purchase of Right-of-Way from Public Service Company for
Bridge No. 19.5/36B, Special Warranty Deed, Exhibit C and two Indenture documents. These
documents follow-up the enclosed Resolution.
Please have the Chair sign the Exhibit C. The Special Warranty Deed, Exhibit C, and the two
Indenture documents need to be recorded.
Thank you for your help.
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