HomeMy WebLinkAbout20240719.tiffRESOLUTION
RE: APPROVE WARRANTY DEED TO CONVEY PROPERTY FOR RELOCATION OF
HIGH-PRESSURE GAS PIPELINE METER STATION FOR COUNTY ROAD 41 AND
STATE HIGHWAY 52 INTERSECTION PROJECT, AND AUTHORIZE CHAIR TO
SIGN - PUBLIC SERVICE COMPANY OF COLORADO, A COLORADO
CORPORATION, DBA XCEL ENERGY
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, on August 2, 2023, the Board approved a Non -Refundable Quote Letter for
the Relocation of a High Pressure Gas Pipeline Meter Station for the County Road 41 and State
Highway 52 Intersection Project from 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,
to Public Service Company of Colorado, a Colorado Corporation, dba Xcel Energy, with further
terms and conditions being as stated in said quote letter, and
WHEREAS, pursuant to certain terms and conditions being as stated in said quote letter,
on March 27, 2024, the Board has been presented with a Warranty Deed to Convey Property as
further described in Exhibit A, 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 Warranty Deed for the Relocation of a High Pressure Gas
Pipeline Meter Station for the County Road 41 and State Highway 52 Intersection Project from
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, to Public Service Company of
Colorado, a Colorado Corporation, dba Xcel Energy, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said deed.
CC: pcJ(CH/oa/EG)
0.4101124
2024-0719
EG0082
WARRANTY DEED TO CONVEY PROPERTY FOR RELOCATION OF HIGH-PRESSURE GAS
PIPELINE METER STATION FOR CR 41 AND SH 52 INTERSECTION PROJECT - PUBLIC
SERVICE COMPANY OF COLORADO, A COLORADO CORPORATION, DBA XCEL ENERGY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of March, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
ATTEST:)
Weld County Clerk to the Board
Bc_41742:6-0( . tab ityz..t_
Deputy Clerk to the Board
APPVED
ounty ' orney
Date of signature:411 I 24
Kevin Ross, Chair
Perry L. Bucro-Tem
Mike Freeman
me
2024-0719
EG0082
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Warranty Deed to Convey Property to
Public Service Company of Colorado (dba Xcel Energy)
(WCR 41 / SH 52 Intersection Improvements)
DEPARTMENT: Public Works DATE: 03/19/24
PERSON REQUESTING: Erich Green I Don Dunker / Curtis Hall
Brief description of the problem/Issue:
Weld County is designing and contracting construction of roadway intersection improvements at WCR 41 and SH
52. These improvements include widening of WCR 41 to accommodate North -bound and South -bound left turn
lanes, and improved turning radii at all corners. The project involves CDOT funding and oversight, and CDOT plans
to construct a traffic signal at the intersection once our project is completed (utilizing the same roadway
configuration).
Northeast of the intersection, an existing Xcel high pressure gas facility within private land interests must be
relocated to accommodate our proposed roadway improvements. The parcel required for this relocation contains an
area of 5,713 sf / 0.131 acre and is a portion of the parcel recently acquired by Weld County and recorded as
Reception Number 4948178, dated March 7, 2024. The parcel conveyance to Xcel is proposed by Warranty Deed
as attached, and the form has been reviewed by the County Attorney's Office and Xcel Energy.
What options exist for the Board?
1. Allow the Warranty Deed to be placed on the next available BOCC Agenda.
2. Ask for a work session and additional information.
Consequences: If the Warranty Deed is not placed on the BOCC Agenda and approved for signature, Xcel's
existing facility cannot be relocated, and this could delay the proposed intersection improvements.
Impacts: This property conveyance directly impacts the project timeline. It allows relocation of the existing Xcel
gas tacitly in Spring of 2024 and other utility relocations that must be completed in 2024 to keep roadway
improvements on schedule for the 2025 construction season.
Costs: There is no cost or compensation for this land conveyance. The larger parcel has already been
acquired by Weld County, and the Board signed the attached letter agreement on August 2, 2023 indicating
Weld County would provide the necessary land interest for the gas facility relocation at no cost to Xcel Energy.
Recommendation:
Public Works staff recommends placing the Warranty Deed on the next available BOCC Agenda for consideration.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem 171'
Mike Freeman 'm&
Scott K. James % a anatO
Kevin D. Ross, Chair
Lori Salim
2024-0719
3/21
Karla Ford
From:
Sent:
To:
Subject:
Approve
** Sent from my iPhone **
Scott James
Wednesday, March 20, 2024 2:38 PM
Karla Ford
Re: Please Reply --PW Pass -Around WCR 41/ SH 52
Scott K. James
Weld County Commissioner, District 2
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
970.336.7204 (Office)
970.381.7496 (Cell)
Confidentiality Notice: This electronic transmission and any attached documents or other writings
are intended only for the person or entity to which it is addressed and may contain information that is
privileged, confidential or otherwise protected from disclosure. If you have received
this communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning
the contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
On Mar 20, 2024, at 12:46 PM, Karla Ford <kford@weld.gov> wrote:
<image001.gif>
Please advise if you support recommendation and to have department place on the
agenda.
Karla Ford g
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
.: 970.336-7204 :: kford of weldgov.cot :: www weldoov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
<image004.jpg>
�j /4 `y�n.,� WARRANTY DEW
THIS DEED made thisv, / day of , 20O7'7'1 made
between
WELD COUNTY, COLORADO
whose legal address is
1150 O Street, Greeley, CO 80631
of the County of Weld in the State of COLORADO, grantor(s),
and
PUBLIC SERVICE COMPANY OF COLORADO, A COLORADO
CORPORATION
whose legal address is 1800 Lorimer St., Denver, CO 80202
of the City and County of Denver in the State of COLORADO, grantee:
Exempt from Documentary_ Fee
WITNESS, that the grantor, for 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, heirs and assigns forever, all the real property, together with improvements, if any,
lying and being in the County of WELD and the State of COLORADO, described as follows:
See attached Exhibit "A" dated March 15, 2024 for:
Project Number_ AQC C030.086 I Project Code_ 25008 I Parcel Number. N/A
also known by_.street and number as N/A
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining,
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,
and the grantees heirs and assigns forever. The grantor, for itself, and the grantor's heirs, assigns and personal
representatives, does covenant, grant, bargain, and agree to and with the grantee, the grantees heirs and assigns, that at
the time of the ensealing and delivery of these presents, grantor is well seized of the premises above 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 to grant, oargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear
from all former and other grants, bargains, sales, liens, taxes assessments, encumbrances and restrictions of whatever kind
or nature soever, except:
Excepting from the subject property described herein as Exhibit "A", the mineral estate and including all coal, oil, gas and
other hydrocarbons, and all clay and other valuable mineral in or under said subject property. The grantor hereby covenants
and agrees that the grantee shall forever have the right to take and use, without payment of further compensation to the
grantor, any and all sand, gravel, earth, rock and other road building materials found in or upon said subject property and
belonging to the grantor.
The grantor further covenants and agrees that no exploration for, or development of any of the products, as described
above, and owned by the grantor heretofore or hereafter the date set forth above and hereby excepted, will ever be
conducted on or from the surface of the premises as described as Exhibit "A", and that in the event any of such operations
may hereafter be carried on beneath the surface of said premises, the grantor shall perform no act which may impair the
subsurface or lateral support of said premises. These covenants and agreements hereunder, shall inure to and be binding
upon the grantor and its heirs, personal and legal representatives, successors and assigns forever.
The grantor shag and will WARRANT and FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the grantee, the grantee's _ = �_ssigns, against all and every person or persons lawfully claiming the
whole or any part thereof.
IN WITNESS WHE EOF, the
BY
AT' ►T:
my Clerk t
Deputy Cle,
County Attorney
4951633 Pages: 1 of 3
03/28/2024 10:26 AM R Fee:$0.00 D Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
MIf'A I'M k "III
d on the date set forth above.
F COUNTY COMMISSIONERS
UNTY
D. Ross, Chair
MAR 21 2024
2 - /6.)
EXHIBIT -A
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 4, TOWNSHIP 1 NORTH,
RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE
UNDER RECEPTION NO. 4948178, DATED MARCH 07, 2024, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE WEST ONE -QUARTER CORNER OF SECTION 4, TOWNSHIP 1 NORTH, RANGE 65 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST UNE OF SAID NORTHWEST
ONE -QUARTER AS BEARING NORTH 00'05'17" WEST, A DISTANCE OF 2622.54 FEET TO THE NORTHWEST
CORNER OF SECTION 4, TOWNSHIP 1 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN;
THENCE NORTH 61'54'17" EAST, A DISTANCE OF 107.60 FEET, TO A POINT 50.00 FEET NORTH OF THE
SOUTH LINE OF SAID NORTHWEST ONE -QUARTER, AND ALSO BEING A POINT ON THE SOUTHWESTERLY
SIDE OF SAID DEED;
THENCE ALONG SAID DEED LINE, NORTH 38'04'58" WEST, A DISTANCE OF 56.86 FEET, TO A POINT BEING
95.00 FEET NORTH OF THE SOUTH LINE AND 60.00 FEET EAST FROM THE WEST LINE OF SAID
NORTHWEST ONE -QUARTER;
THENCE ALONG A LINE 60.00 FEET FROM AND PARALLEL WITH SAID WEST LINE, NORTH 00'05'17" WEST,
A DISTANCE OF 55.00 FEET, TO A POINT ON SAID DEED UNE, BEING 150.00 FEET NORTH OF THE SOUTH
UNE OF SAID NORTHWEST ONE -QUARTER;
THENCE ALONG SAID DEED LINE AND A LINE 150.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH
LINE OF SAID NORTHWEST ONE -QUARTER, NORTH 89'35'39" EAST A DISTANCE OF 65.00 FEET, TO A
POINT 125.00 FEET FROM THE WEST LINE OF SAID NORTHWEST ONE -QUARTER;
THENCE CONTINUING ALONG SAID DEED LINE AND A LINE 125.00 FEET FROM AND PARALLEL WITH SAID
WEST UNE, SOUTH 00'05'17" EAST, A DISTANCE OF 100.00 FEET, TO A POINT 50.00 FEET NORTH OF THE
SOUTH LINE OF SAID NORTHWEST ONE -QUARTER;
THENCE DEPARTING SAID DEED LINE AND ALONG A UNE 50.00 FEET FROM AND PARALLEL WITH THE
SOUTH LINE OF SAID NORTHWEST ONE -QUARTER, SOUTH 89'35'39" WEST, A DISTANCE OF 30.00 FEET, TO
THE TRUE POINT OF BEGINNING,
SAID PARCEL CONTAINS 5,713 sf. OR 0.131 ac. MORE OR LESS.
THE ABOVE DESCRIPTOR WAS PREPARED BY DANIEL R. HOLMES,
SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
DANIEL R. HOLMES
PLS 38213
DEED DESCRIPTION
XCEL ENERGY
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
DRAWN BY: DRHISHEET:: of 2
4951633 Pages: 2 of 3
03/28/2024 10:28 AM R Fee:$0.00 D Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
1111 FM II MICIKIrlifilid IJ Wyk 1I II I
EXHIBIT -A.
NORTHWEST CORNER-- "
S4-T1N-R65W FOUND
3 1/4" ALUMINUM CAP
LS34993 2007 IN A
MONUMENT BOX
EXISTING 60'
RIGHT OF WAY
RECP.#36500
APRIL 21, 1890
WESTERN SLOPE GAS
COMPANY
REC# 1512028,
1-15-1968
WARRANTY DEED
PUBLIC SERVICE COMPANY
OF COLORADO
REC#3810997, 12-09-2011
EXCLUSIVE GAS METER
EASEMENT
DREILING i
vs
Q� [
CDOT PARCEL RW-02
PROJECT #AQC C030-086
PROJECT CODE 25008
NOT YET RECORDED
HWY 52
Pr
P.O.C.
WEST ONE -QUARTER CORNER
S4-T1N-R65W FOUND 3 1/4"
ALUMINUM CAP ILLEGIBLE IN A
MONUMENT BOX
DEED DESCRIPTION
XCEL ENERGY
WELD COUNTY, COLORADO
30.00'
HUGO VILLELA-PORTILLO
WELD COUNTY
RECP.# 4948178
3-07-2024
L4
L1 P.O.B.
50' RIGHT OF WAY
WELD COUNTY
REC#837772, 2-26-1940
L5
PARCEL AREA
5,713 of. OR 0.131 ac.±
LINE TABLE
LINE
L1
L2
BEARING
DISTANCE
N61'54'17"E
N38'04'58"W
NO0'05'17"W
N89'35'39"E
SO0'05'17"E
S89'35'39"W
107.60'
56.86'
55.00'
65.00'
100.00'
30.00'
L3
L4
L5
L6
ROW FOR WELD COUNTY
TO BE CONVEYED TO CDOT
PL PL
40' RIGHT OF WAY
DEPARTMENT OF TRANSPORTATION
WARRANTY DEED
REC#3475197,5-11-2007
N 89'35'39"E
5317.26'
EAST ONE -QUARTER CORNER
S4-T1N-R65W FOUND 2"
ALUMINUM CAP LS -25937, 1993
IN A MONUMENT BOX
ROBERT & BARBARA
RUEGGE S\1S1't'Sv
$Q,
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 41 & HWY 52
INTERSECTION PROJECT
PROJECT NO: GR-69 I SCALE: 1"-50
DATE: 3-12-24 'DRAWN BY: DRH) SHEET: 2 of 2
6661633 Pages: 3 of 3
03/28/2024 10:20 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
11111 HI Lirlh444h 11111
Xcel
June 16, 2023
Don Dunker
County Engineer
1 150 O St.
Greeley, CO 80631
Subject: Request For High Pressure Gas relocation at 40.080794°, -104.678150°, Hudson,
Colorado
Dear Don Dunker,
I have completed the engineering design and cost estimate to provide High Pressure Gas relocation
based upon information you have provided. This design is based upon High Pressure Gas
relocation, as shown on the enclosed drawing. The cost to provide the requested High Pressure
Gas relocation is $1,658,491.00, which is non-refundable. If the Applicant elects to have the
Company advance the Construction Payment for the duration of the construction period,
Applicant will be billed by the Company in accordance with the Company's tariffs, within 30
days after the construction of the Extension is complete. The Applicant shall pay the Company
within ninety (90) days after the Construction Completion date.
This proposal is contingent upon the following:
• All work performed during our normal work hours.
• Obtaining "Right -of -Way" at no cost to us.
• Obtaining permits as needed.
• No frost, in the ground, during construction or agreeing to pay for additional costs during
frost conditions.
• There is an additional charge to open the transformer.
• Providing final grade elevations, at our equipment locations.
• Grade at trench location to be within 6 inches of the final grade.
If necessary our right-of-way agent will mail the right-of-way or easement documents to the
appropriate landowners for their signature. This proposal is contingent upon receiving
easements at no cost to us. Our right-of-way agent will need a copy of the Warranty Deed, the
legal description, and the site drawing in order to prepare the easement for the landowner's
signature.
NOTE: You must personally contact the local telephone company, the local cable TV company
and/or any other utility company to arrange for the installation and payment of any costs of their
facilities if they need to be relocated or disconnected along with the relocation.
If you accept the above costs and system destgn, please sign and date the second page of this
letter and return this document to Public Service Company of Colorado, at the address shown
below. After the signed and dated documents are received, a work order will be issued and
Revision January 2&, 2022 Non-refundable Quote Letter PA
020a3 —2024-1
released so your project can be placed on the construction schedule. When payment is due if a
check is sent via the new payment process we are unable to accept checks with any sort of Lien
Waiver because our Tariffs do not make an allowance for PSCo to accept checks printed or
stamped with a lien waiver. Our current lead-time to begin work after receiving the signed
documents is approximately 24 weeks. You will be notified of the week that our construction is
scheduled to begin as soon as it is available.
This proposal will be valid until July 07, 2023. If you have any questions regarding this project,
please call me at (970)690-9080.
Sincerely,
Delaney Morgan
Gas Engineering HP
Mailing address:
1123 W 3rd Ave
Denver, CO 80223
Name: Timothy O'Connor
Title: EVP, Chief Operation Officer
Re: High Pressure Gas, relocation, 40.080794°, -104.678150°
I have reviewed and approve of the enclosed design. I accept the cost of $1,658,491.00 and this
amount will be paid to Xcel Energy within 90 days of the construction completion date. The
Construction Cost stated above does not include special items such as but not limited to frost or
rock conditions. In the event the Company encounters any special items during construction, the
Company shall bill Applicant for such special items as a non-refundable contribution in aid of
construction.
I will send a signed copy of this letter with the applicable agreements.
Date: AUG 0 2 2023
*Customer Signature:
Mike Freeman, Chair
Title: Board of Weld County Commissioners
Mailing address: 1150 "0" Street
Greeley, CO 80631
* Confidential Information
Revision January 28, 2022 Non-rexsdable Quote Letter PA
2
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