HomeMy WebLinkAbout20253069.tiff5063826 11/05/2025 01:04 PM
Total Pages: 7 Rec Fee: $43.00 Doc Fee: $0.31
Carly Koppes - Clerk and Recorder, Weld County , CO
After recording, return to:
QUITCLAIM DEED IN LIEU OF CONDEMNATION
PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation whose street
address is Right of Way Department, Attn: Senior Manager, 1123 W 3`d Ave, Denver, CO 80223
("Grantor"), for Ten Dollars ($10.00) and other valuable consideration, in hand paid, hereby sells
and quitclaims, in fee simple, to Weld County, Colorado, a body corporate and politic under the
laws of the State of Colorado ("Grantee") whose address is, 1150 O Street, P.O. Box 758, Greeley,
Colorado 80632, the real property in Weld County, Colorado, described in Exhibit 1 attached
hereto and incorporated herein, with all its appurtenances (the "Property"), but EXCEPTING AND
RESERVING UNTO GRANTOR and its successors and assigns the easements, rights and
interests in the Property ("Reserved Interests") that are described on Exhibit 2 attached hereto and
incorporated herein.
By accepting and recording this deed, Grantee further agrees with Grantor as follows:
(1) Pursuant to Article 6 of Title 38, Colorado Revised Statutes, Grantee has the
power of eminent domain (otherwise referred to as condemnation power) to acquire private
property for public purposes. Grantee has determined that acquisition and development of
the Property is necessary and is in the public interest and necessary for public use. In lieu of
requiring Grantee to exercise its condemnation power to acquire the Property, Grantor has
agreed to convey the Property to Grantee and Grantee has agreed to acquire the Property,
upon all of the terms, covenants and conditions of this Quitclaim Deed. Grantee hereby
stipulates and agrees that the Property conveyed herein shall be used by Grantee for a public
purpose and that all parcels created by this conveyance (including the Property and any larger
parcel from which the Property is subdivided) are properly created and conform to all
applicable laws, ordinances and regulations regarding the subdivision of property.
(2) The Property is sold by Grantor and acquired by Grantee "As -Is, Where- Is, With
All Faults" with no right of set-off or reduction in the purchase price and without
representation, covenant, or warranty of any kind, express or implied, either oral or written,
statutory, common law or otherwise, made by Grantor or any agent or representative of
Grantor with respect to the physical or structural condition of the Property or with respect to
the compliance of the Property or its operation with any laws, ordinances or regulations of
any government or other body (except as provided in the last paragraph of this Section 2).
Grantee acknowledges and agrees Grantor has not made and does not make, and Grantee
waives and releases, any representations, warranties or covenants of any kind or character
RecordingRequested by:
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whatsoever, whether express or implied, with respect to warranty of condition, safety,
income potential, operating expenses, uses, habitability, tenant ability, or suitability for any
purpose, merchantability, or fitness of the Property for a particular purpose, all of which
warranties Grantor hereby expressly disclaims. Further, Grantor has not made any
representation or warranty regarding any matter or circumstance relating to Environmental
Law, the release of Hazardous Substances in, on or under the property, or the protection of
human health, safety, natural resources or the environment, or any other environmental
condition of the property, and nothing in this deed or any related agreement shall be
construed as such a representation or warranty, and Grantee shall be deemed to be taking the
assets "as is" and "where is" with all faults for purposes of the environmental condition, and
Grantee has relied entirely upon information and knowledge obtained from its own
investigation, experience, or personal inspection of the Property.
(3) Grantee expressly assumes all environmental and other liabilities with respect to
the property including but not limited to any liability of any kind arising in any way from the
presence or historic operations on the property and any remaining environmental conditions
that could potentially impact the soil or groundwater, soil gas at, under or above the property
whether such liability is imposed by statute or derived from common law, including but not
limited to liabilities arising from environmental law. To the extent permitted by Colorado
law, Grantee, its successors, assigns, agents and representatives hereby agree to hold
harmless, waive, release and forever discharge Grantor, its parent, affiliates, subsidiaries,
officers, directors, employees shareholders, contractors, successors, agents insurers, and
representatives from all Liabilities, whether known or unknown, to the extent caused by or
arising out of or resulting from the environmental condition of the Property or arising under
Environmental Laws whether such Liabilities are imposed by statute, or derived from
common law, and all other comparable federal, state or local environmental, conservation or
protection laws, rules or regulations relating to Hazardous Substances on, under, or
originating from the real property or interest being conveyed following the date hereof.
Grantee hereby further releases and discharges Grantor from any and all Liabilities which
Grantee may have against Grantor in connection with or arising out of the environmental
condition of the Property as of the date hereof.
(4) In this deed the following capitalized terms have the following meanings:
Environmental Law. Any federal, state, or local laws (including common laws),
statutes, regulations, ordinances, codes, orders, or decrees issued or promulgated by any
governmental authority relating to the prevention of pollution, preservation and
restoration of environmental quality, protection of human health, the environment and
natural resources (including air, surface water, groundwater or land), or the release, use,
generation, handling, storage, treatment, transportation, or disposal of Hazardous
Substances, including, without limitation, the Toxic Substances Control Act (15 U.S.C.
§ 2601, et seq.), the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. §§ 9601 et seq.), the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act (42 U.S.C. § 6901, et. seq.) the Hazardous
Material Transportation Act, (49 U.S.C. § 6901, et seq.), the Federal Water Pollution
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Control Act, (33 U.S.C. § 1251, et seq.), and the Clean Air Act, (42 U.S.C. § 7401, et seq.),
and applicable state counterparts, and their implementing regulations, all as amended.
Hazardous Substances. Any pollutants, contaminants, toxic or hazardous or
extremely hazardous substances, materials, wastes, constituents, compounds, chemical ls,
or other materials that are listed in, regulated by, or may form the basis of any liability
under, any Environmental Law.
Liability or Liabilities. Any and all, direct or indirect, demands, claims, notices of
violations, notices of probable violations, filings, investigations, administrative
proceedings, actions, causes of action, suits, other legal proceedings, judgments,
assessments, damages, deficiencies, taxes, penalties, fines, obligations, responsibilities,
liabilities, payments, charges, losses, costs, and expenses of any kind or character (whether
known or unknown, fixed or unfixed, conditional or unconditional, based on negligence,
strict liability, or otherwise, choate or inchoate, liquidated or unliquidated, secured or
unsecured, accrued, absolute, contingent, or other legal theory), including, any legal or
other costs and expenses incurred in connection with investigating or defending any of the
foregoing, and all amounts paid in settlement of any of the foregoing.
Signed and delivered as of 4(4- O.7,4 , 2025.
PUBLIC SERVICE COMPANY OF
COLORADO, a Colorado corporation
By 47P/6
Adam Pena
Senior Manager, Permits and Right of Way
Xcel Energy Services, Inc., as
Authorized Agent for Public Service
Company of Colorado
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STATE OF COLORADO )
CITY AND ) ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 7 Aay of+; -
2025, by Adam Pena as Senior Manager, Permits and Right of Way, Xcel Energy Services,
Inc., as Authorized Agent of Public Service Company of Colorado, a Colorado corporation.
My commission expires: /0/ 2 S 202.7
Witness my hand and official seal. i66
Jeremy Bourg
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID# 20114068516
MY COMMISSION EXPIRES 10/25/2027
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Exhibit 1 to Quitclaim Deed
(Property Legal Description)
EXHIBIT a"Ars
PROJECT CODE: 24989
PROJECT NUMBER: STU C030-085
PARCEL NUMBER: RWE-N
DATE: April 04, 2024
LEGAL, DEKRIPTION
Atract ar parcel of land No. RWE-U4 of the Department of Transportation, State of Colorado, Project Code 24969, project
Number S3U C030-035, containing 3,095 square feet {4471 arms), more or less, being a part of the Northwest One -Quarter
(NW! f4) of Section 30, Township 9 North, flange 67 West of the Sixth Principal Meridian (8 P.A14, County of Wald, State of
[alum being a portion of that warranty deed filed in the Weld County Clerk and Recorders office wader reception No.
1804,393, Dated September X6,1974 end belt% more particularly described as follows;
COMMENCIN6atthe Northwest Comer ofsaid Se0.30;Thence South 68S5'$1 East, a distance of 28,44 feet .tnapole
on the Easterly Rne of said warranty deed description and being the POI NT OF BEGINNING,
L Thant. departing said Easterly line South 69'58'57" W est, a *tame of 60.49 feet:
2. Thence South 56.49'39° West, a dfata toe of 35.78 feet;
3. The. south 00'74".36" West a distance of 5QD0 feet, to a paint on the Southerly lire of said warranty deed
description;
Yheece along said Southcrly line, South 89'56'57° West, a distance of 10.00 feet; to a point on the Easterly Right-af-
Way Ilne of Weld County Road 13, end described in Road Viewers report filed in the Weld County Clerk and Retarders
office under reception No. 46959, dated February 13,1,893;
5. Thease departing said Southerly line and along said Easterly Right -of -Way line, North O0`24'36" East, a Oster. of
100D0 feet to a paint en the Southerly RIgbt of -Way line of Weld County Road 34 eel deserted In Quit dales deed
fried in the Weld County Clerk and Reconlers office under reception No. 56547 dated fu'ne 18, 1895;
6w Thence departing said Easterly Right -of -Way fine and along said Southerly Right -of ^Way line, North 64'58.47' East a
digeriW of 100.00 feet, to a point on the Easterly line of said warranty deed;
7. Thence departing said southerly Right of -Way. and along sold Easterly One, Sauth 00.24'9. West, a dista nce of
20.D0 feet to the POINT Orr BEGINNING.
The above -described pa reel contain 3,095 sf. (0.071 ace), mare Dries,
Basis of .rings: The North lineal the Northwest One -Quarter of Seellon 30, Township 5 North, Range 67 West of the Sixth
Prrnorpal Mardian , County of Weld, State areal:wade. From the Northwest comer of said section 3D, being m.ntamieited by A
No. 6 robe will a 2Sdnch aluminum cap stamped IS x7662, Ina monument tux at the West end to the North One -Quarter
camera( said seethe, 30, being rnom matted by A No. 6 reed with a 2..6 aluminum cap s'mmped 1S 17662, In a monument
has at the Ease End, to nearing North 89'58'5T' East, a distance of 7562,37 feet, being a and Deering of the Colorado State
Plane Coordinate System, North 7.pns, North American Datum 1963/2011, with all other barriers contained herein relative
thereto.
For and on behalf of Weld County
Daniel R. Holmes, PIS 35113
(570) 3rd$446
Weld County Public Works Dept.
11�1 H Street
Greefey, CO50632
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Exhibit 2 to Quitclaim Deed
(Reserved Interests)
Grantor (also referred to as "PSCo") reserves to itself and its successors and assigns the following
Reserved Interests:
1. A perpetual, non-exclusive easement for the transmission and distribution of
electricity, for the transmission and distribution of natural gas and communication
signals, and the repair, like kind replacement and maintenance of existing utility
facilities, both overhead and underground, including poles, pipes and other supports
of whatever materials; together with braces, guys, anchors, cross -arms, cables,
conduits, wires, conductors, manholes, transformers, and other fixtures, devices, and
appurtenances used or useful in connection therewith (collectively the "Facilities")
on, over, under, and across the following described premises (the "Easement Area"):
The Property identified in Exhibit A to the Quitclaim Deed
2. All of Grantor's right, title and interest in and to the existing Facilities and any future
Facilities.
3. The right and authority in PSCo, its successors, licensees, lessees, contractors, or
assigns, and its and their agents and employees to (1) enter at all times upon said
Property to survey, mark and sign the Easement Area or the Facilities, construct,
install, operate, repair, remove, replace with similar Facilities, reconstruct, alter,
relocate, patrol, inspect, improve, enlarge, remove, and maintain the Facilities; (2)
have full right and authority to cut, fell, remove, trim, or otherwise control (including
without limitation by applying herbicides in accordance with applicable laws, rules
and regulations), all trees, brush, and other growth which might interfere with or
endanger the Facilities; (3) permit the joint use by others of rights of way and conduit
for similar purposes and for such other uses as may be required by law; and (4) have
reasonable access to, and ingress and egress for personnel, equipment and vehicles
over and across said Property in connection with PSCo's exercise of its rights
associated with the Facilities.
4. The right to prohibit the erection, placement or presence of buildings, structures, signs,
wells and other objects by Grantee, or by anyone claiming under Grantee, without the
prior written consent of Grantor, including trees, shrubs and fences that will or may
be an unreasonable interference with Grantor's Reserved Interests. Grantee, for itself
and its successors and assigns, agrees it will not perform any act within the Easement
Area that may unreasonably interfere with or endanger the Facilities and further agrees
that its use of the Property shall be consistent with the Reserved Interests. It is
understood and agreed that if Grantee requests the relocation or modification of any
of the Facilities located within the Easement Area, such relocation or modification
shall be at the expense of Grantee.
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5. If access to and from PSCo's adjacent parcel is limited or prevented over the Easement
Area by any act or construction of Grantee, Grantee shall provide alternative access.
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