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Home My WebLink About20152618.tiff RESOLUTION RE: APPROVE PURCHASE AND SALE AGREEMENT CONCERNING CERTAIN IMPROVEMENTS TO COUNTY ROAD 34 AND AUTHORIZE CHAIR TO SIGN - PUBLIC SERVICE COMPANY OF COLORADO 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 a Purchase and Sale Agreement Concerning Certain Improvements to County Road 34 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 Public Service Company of Colorado, 1800 Larimer Street, Suite 400, Denver, Colorado 80202, 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 Possession and Use Agreement Concerning Certain Improvements to County Road 34 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 Public Service Company of Colorado, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of August, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORADO ATTEST: dime& ��,��,,// �� C) �2 ��C,lLo•� Barbara Kirkmeye'r, Chair Weld County Clerk to the Board ^ AA Mike Freeman, Pro-Tern ty Clerk to the B ar• d I.. �� '-- �-= :�an P. Con ) ay APP AS T • rI86I (`►� ': 1`t��r • '��►` �ie A. Cozad out •r n e Steve Moreno Date of signature: gf1. 2015-2618 EG0072 CC rb), �a� 8 19 BC0045 c , wily km ,a 11��,.,eq _ r TO : Board of County Commissioners + s gaY..4�'i�sx�ay+�1�to.;r� 4 ri iiii»:t _� ja FROM : Bob Choate, Assistant County Attorney iii r iv( \t,cc 3 ja g I;%e Ill 4*".""***a". -"NI% I 4 'ky,, \ , ,,,, k Ail ti, lit Aih, 1F ...al IJ!J DATE : July 22 , 2015 ik W'Np r) I Or s SUBJECT : Purchase and Sale Agreement — Public Service Co. Commissioners, To refresh your memory, please find attached the Purchase and Sale Agreement wherein the County purchases some Right of Way (ROW) from Public Service Company. This ROW was necessary for some bridge repair work following the September 2013 floods . Due to the anticipated delay by Public Service Company, the County took possession of this ROW after the Board approved a Possession and Use Agreement. The total compensation is $ 8 , 575 , of which the County has already paid $2,690 . The total remaining compensation is $ 5 , 885 . Don Warden and I recommend approval of this agreement. I recommend you authorize me to put this on your new business agenda, so that we can wrap up this long delayed agreement. Please let me know if you have any questions or concerns . Agree with Staff Work Session Comments Recommendation Requested Kirkmeyer \(- . Freeman Conway Cozad MorenoI ?Al 2015-2618 PURCHASE AND SALE AGREEMENT THIS AGREEMENT is made as of the Effective Date (as defined in the attached Addendum), by and between Public Service Company of Colorado, a Colorado Corporation, whose address is 1800 Latimer Street, Suite 400, Denver, Colorado 80202, hereinafter collectively 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 1150 ` O' Street, Greeley, Colorado 80632, hereinafter referred to as "County" . WHEREAS, Owner owns real property described in the attached Exhibit "A" (hereinafter referred to as "Property"), and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 34, which will involve said road' s realignment and construction, (hereinafter referred to as "Road Improvement Project"), and WHEREAS, County requires said Property in order to complete said Road Improvement Project, and WHEREAS, Owner and County have recently executed a Possession and Use Agreement which allows County to possess and use the Property pending negotiation and execution of this Purchase and Sale Agreement, and WHEREAS, Owner has agreed to convey the Property to the County in connection with said Road Improvement Project on the terms and conditions stated herein. NOW, THEREFORE, the Parties agree as follows : OWNER' S RI(I[$. . N:D RESPON SIBILITIES : 1 . Owner agrees to sell at closing and County agrees to purchase the Property shown and/or described in Exhibit A (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Eight Thousand Five Hundred Seventy Five Dollars ($8,575 .00), which Owner and County agree is fair consideration for this transaction. Owner acknowledges that County has already paid to Owner $2,690. 00 as a condition of the Possession and Use Agreement, which is to be deducted from the fair consideration total, resulting in a payment due from the County at Closing in the amount of $5 , 885 .00. 2. Owner agrees to grant the Property by Bargain and Sale Deed to County in a form substantially similar to Exhibit B, attached hereto ("Deed"). Page 1. of 4 Pages US.56033515.03 . Owner shall retain the mineral estate under the Property and shall also retain any water rights currently attached to -or associated with the Property. 4 . Subject to the performance by County of its obligations and agreements, Owner shall deliver the fully executed Deed for the Property to County at the date of closing. COUNTY'S RIGHTS AND RESPONSIBILITIES : 5 . County shall pay at closing for the cost of obtaining title insurance if County desires to obtain title insurance for the Property. 6 . County shall pay at closing all fees associated with the recording of the Deed. 7 . County shall pay at closing to Owner the sum as outlined in section 1 , above. MISCELLANEOUS : 8 . This Agreement shall be deemed a contract and shall bind the parties and shall extend to and bind their heirs, executors, administrators, legal representatives, successors, and assigns. 9. This Agreement embodies all of the agreements between th.e parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 10 . No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act, C .R .S . §24- 10- 101 et. seq. , as applicable now or hereafter amended. 11 . It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action related to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 12. This transaction is governed by and constructed in accordance with the laws of the State of Colorado. Page 2 of 4 Pages US. 56033515.03 13 . This Agreement includes and is subject to the additional terms contained in the Addendum attached hereto and incorporated by this reference. 14 . This Agreement will not be recorded in the office of the Clerk and Recorder of Weld County. If the County records this Agreement, it will automatically terminate. IN 'WITNESS WHEREOF , the parties hereto have subscribed their names this /6-- day of , 2015 . OWNER, PUBLIC SERVICE COMPANY OF COLORADO . a Colorado corporation By : Its: chael E Diehl --Manager. Siting and.....Lind ig ti_ _.. Public Service Company of Colorado Page 3 of 4 Pages US.56033515 .03 ATTEST: ddrJo; BOARD OF COUNTY COMMISSIONERS Weld ® my Clerk to the Boar i WELD COUNTY,C9LORADO il A la-i i- iicitot-gita/t-, Deputy Clerk t"1 he Board '''''.4:*-" }. r��J`N arbara Kirkmey ,Chair AUG 0 3 2015 • ` 'Omiiii v #s,- -j APPROVED AS TO SUBSTANCE: Controller `� r,%''/ Elected Officia or Depa ent Head APPROVED AS TO FORM: D' o Public War s CAS Ceeti444-, County Attorney Page 4 of 4 Pages US,56033515.03 ADDENDUM Effective Date. The "Effective Date" of this Agreement shall be the date on which the last party to execute this Agreement does so and delivers its counterpart signature to the other party. Indenture Release . Owner shall commence the process for release of the Property from owner's corporate indenture ("Indenture Release") no later than ten ( 10) business days following the Effective Date of this Agreement. In no event shall owner' s inability or failure to obtain the Indenture Release constitute a default under this Agreement. As-Is, Where- Is. The Property is sold by owner. and acquired by County "As-Is, Where-Is, With All Faults" with no right of set-off or reduction in the purchase price, and such sale shall be without representation or warranty, express or implied, either oral or written, made by Owner or any agent or representative of Owner with respect to the physical or structural condition of the Property, or with respect to the existence or absence of. petroleum, hazardous substances, pollutants or contaminants in, on, under, or affecting 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. County acknowledges and agrees that Owner has not made and does not make any representations, warranties or covenants of any kind or character whatsoever, whether express or implied, with respect to warranty of 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 Seller hereby expressly disclaims. County is relying entirely upon information and knowledge obtained from its own investigation, experience, or personal inspection of the Property. County releases Owner from all environmental and other liabilities with respect to the Property, whether such liability is imposed by statute or derived from common law including, but not limited to, liabilities arising under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), the Hazardous and Solid Waste Amendments Act, the Resource Conservation and Recovery Act ("RCRA"), the Federal Water Pollution Control Act, the Safe Drinking Water Act, the Toxic Substances Control Act, the Superfi,.ind Amendments and Reauthorization Act and the Hazardous Materials Transportation Act, all as amended, and all other comparable federal, state or local environmental, conservation or protection laws, ruled or regulations. No statements of fact or disclosures, if any, made in this Agreement or in connection with this Agreement, constitute warranties or representations of any nature. The foregoing provision shall survive Closing and shall not be deemed merged into any instrument of conveyance delivered. at Closing. Stiiv.ision Exemption. As a condition to the obligation of Owner to close, at or prior to Closing, the County will deliver to PSCo a letter executed by the County, substantially in the form attached hereto as Exhibit C . Real Property Taxes. County acknowledges that it has been advised that Owner is unit assessed . There will be no proration of taxes at Closing. Owner will pay outside of Closing all taxes allocable for the period prior to Closing. County shall pay all taxes allocable to the period commencing on the date of Closing, if any. Assessments (and/or charges in the nature of or in lieu of such assessments) if any, levied, pending or constituting a lien with respect to any of the Property* shall be the responsibility of County. 1 oft US. 5603349 .02 Closing. Closing under this Agreement shall occur on the tenth ( 10th) business day after the contingency regarding the Indenture Release has been satisfied ; but in no event later than the date which is 130 days after the Effective Date ("Outside Closing Date") . Tn the event the Closing has not occurred on or before the Outside Closing Date, either party may terminate this Agreement by written notice to the other, whereupon the parties will be released from liability under this Agreement. of US.56033495_02 PARCEL DESCRIPTION EXHIBIT A RIGHT OF WAY A parcel of land situated in the Southwest Quarter (SW 1.14) of Section Nine (9), Township Three North (T.3N.), Range Sixty-seven West (R. 67W.), of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the South Quarter corner of said Section 9 and assuming the South line of said SW 1 /4 as bearing North 89°54' 34" West, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2579.85 feet and with all bearings contained herein relative thereto; THENCE North 89°54'34" West along the said South line a distance of 655.84 feet; THENCE North 00°05 ' 26" East a distance of 30.00 feet to a line parallel with and 30. 00 feet Northerly of, as measured at a right angle, the South line of said SW 1/4, being the sc1 North R.O.W. line of Weld County Road 34 and to the POINT OF BEGINNING; THENCE North 89°54' 34" West along said R.O.W. line a distance of 468.65 feet; THENCE North 0O'05 '26" East a distance of 50.00 feet a line parallel with and 50.00 feet Northerly of, as measured at a right angle, the said R.O. V. line; THENCE South 89°54'34" East along said parallel line a distance of 468.65 feet; THENCE South 00°05'26" West a distance of 50.00 feet to the North line of said R.Q.W., and to the POINT OF BEGINNING. Said described parcel of land contains a total of 23 ,432 sq. ft. or 0. 538 acres, more or less and may be subject to any existing easements and rights of way of record or as now existing on said described parcel of land . SURVEYOR'S CERTIFICATE I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. � , , trk:Ssai Q a tie OP / ? : . car f9 +Iq. • 3 - 48 , t A ••7^ 7r 441 de • is% se • • . • . • • as - Steven Parks -- on behalf k ors Colorado Licensed Professiona Land Surveyor #38348 KING SURVEYORS 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 R:\201 4;i"DUCUtylE STS\20141 3 7E I-1,t?2.docPage I of 2 ....:«»..:.. ....nuw...w..roz<. «..««[<:�.<«:xai.m s s ..,.wawMa.w.n ... N EXHIBIT SOUTi•-1WEST 1f4 SECTION 9 P�RGEL [�ESGRIPfiI�� T. 3N . R . 67W. ur..�wrdewA n-. .Q�4Xu.AIW~0'Mz >, YKsti.:SflyvO:Asi9:.<✓':C..va.,( wa - v . . .n.«• .iM- if ♦ -.i.svVO'.w.�wwwrrw._w.M.m.i-.rar.r+.w-.�wnIXN'm.':w)nrm.MiNY.,KK[fMxN[IM.rtt<.N....w..rMwe.gyw..NM.wv.WAwY!^'�Wr/ .. F •. PAGE 2 O 2 I NOTE: This exhibit drawing is not SOUTH 1 /4 SECTION 9J intended to be a rnonurnented land T.3N. R. 67W. survey. It's sole purpose is as a POINT OF COMMENCEMENT graphic representation to aid in the visualization of the written property description which it accompanies. The written property descripti©n supersedes the exhibit drawing. /I I I ---assa,04P )- - a-,) tri in co 50 30 D 60 L # ^ i 4 ....._. . ., . : ... r dd A\y yam....... .a... ..:R.� 1 "-= 60' c �s, s J '—POINT OE BEGINN'NG iin n r--- _< , , . ,. ........... pn LIN E TABLE ek LINE �BEARING : LENGTH z (62 L_00'05' "E 3d.00 r. 4L2 OO'0 I sa.co' t W I .. 4' tO ;n j Cr; Z ,/ If) in CD Cp CD gcl" v) PARCEL / 23,432 sq. ft. ---/ 0 538 acres N M att. w id L Jv •• • V I 0) co co Z7:1 I O A CJ II C I .7...„,-----e ,ti �'' • • • y � 4 ,644/ 0 e_di..._,;s\142;>--- ,47:x 0, L2 1 : 38348 per` t — --f .1) cv �' • �L •• • � Steven r • . C . , .Parks — On E : ≥$ 4Qt 6 li �, % %eyors SOUTHWEST CORNER__ Colorado Licensed Profess., . too SECTION 9 T. 3N. R.67W. Land Surveyor #38348 ... � ... u r.,., ,watA... A....... . . . . . .. ..,. . —. —...0.4444W...tt<....._ isa..�....................,. . .. .,....,,e ..., h4 _. ...� PROJECT NO : 2U 14137 KINGSURVEYORS DATE: 7/7/2014 ,r 650 .E. Garden Drive Windsor, Colorado 80550 CLIENT: ICON ENGINEERING �` (970) 686-5821 014137EXH -- 02 phone: (970) 686-5011 � fa_. . DWG . 2 b, SIP ° ,t, i wt4c �v.iiin surveyarS.com DRAWN : CHECKED: . 4 RE M ■ Exhibit B DEED THIS DEED, made this day of , 2015 , between Public Service Company of Colorado, a Colorado corporation, whose address is 1800 Ladner Street, Suite 400, Denver, Colorado, 80202, "Grantor" , and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners, (Grantee), whose legal address is 11. 50 "O" Street, Greeley, Colorado 80631 : WITNESS : That Grantor, for and inconsideration of the sum of Eight Thousand Five ..lundred Seventy Five Dollars and no/ 100 ($ 8 , 575 . 00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby sells and conveys the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows : The real property described and shown if the attached Exhibit "A" and all its appurtenances EXCEPTING existing easements of record, and RESERVING unto Grantor any interest it may have in the mineral estate under said property, including oil , gas and any and all water rights currently attached to or associated with said property, except as required to sustain the integrity of the surface estate. IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above . Public Service Company of Colorado, a Colorado corporation, By: Date: STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of _ , 2015 , by (Title) of Public Service Company of Colorado, a Colorado corporation. Witness my hand and official seal . Notary Public My commission expires : - �........... • US. 57135566 01 ammiammomma Exhibit B ACCEPTANCE The County of weld, abody corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above Deed. Dated this day of , 2015 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST : Barbara Kirkmeyer, Chair Weld County Clerk to the Board BY : Deputy Clerk to the Board STATE OF COLORADO ) ss. COUNTY OF WELD } The foregoing instrument was acknowledged before me this day of , 2015 , by Barbara Kirkmeyer, Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal . Notary Public My commission expires: t.15.57135566: 01 PARCEL DESCRIPTION EXHIBIT A RIGHT OF WAY A parcel of land situated in the Southwest Quarter (SW1 /4) of Section Nine (9), Township Three North (T.3N.), Range Sixty-seven West (R.67W.), of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows : COMMENCING at the South Quarter corner of said Section 9 and assuming the South line of said SW 1 /4 as bearing North 89°54'34" West, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2579.85 feet and with all bearings contained herein relative thereto; THENCE North 89°54'34" West along the said South line a distance of 655.84 feet; THENCE North 00°05 '26" East a distance of 30.00 feet to a line parallel with and 30.00 feet Northerly of, as measured at a right angle, the South line of said SW 1/4, being the said North R.O.W. line of Weld County Road 34 and to the POINT OF BEGINNING; THENCE North 89°54'34" West along said R.O.W. line a distance of 468 .65 feet; THENCE North 00°05 '26" East a distance of 50.00 feet a line parallel with and 50.00 feet Northerly of, as measured at a right angle, the said R.O.W. line; THENCE South 89°54'34" East along said parallel line a distance of 468.65 feet; THENCE South 00°05'26" West a distance of 50.00 feet to the North line of said R.O.W., and to the POINT OF BEGINNING. Said described parcel of land contains a total of 23 ,432 sq. ft. or 0.538 acres, more or less and may be subject to any existing easements and rights of way of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. 4 W *u 0 WC 0 . • • • 3 48 talt21 • 7- • ♦ • .• NN Steven Parks — on behalf f . y ors Colorado Licensed Professiona: Land Surveyor #3 8348 KING SURVEYORS 650 Garden Drive Windsor, Colorado 80550 (970) 686 .5011 R•020141 .3` 1DOCUMENTS\20 I4I3IEXli_J2.docPage 1 ol'2 OS _- EXEJIBIT SoUT �vES / sEc IaN 9 iARCEL DESCRIPTION � _ T.3N . R . 671�' . R� y .. .. a. ,._ ... . . .. .. ... PAGE 2 OF 2 1 NOTE. This exhibit drawing is not SOUTH 1 /4 SECTION 0 intended to be a monumented land 7.3N. R. 67W. survey. It's sole purpose is as a POINT OF COMMENCEMENT graphic representation to aid in the 1 visualizction of the written property description which it accompanies. The written property description supersedes the exhibit drawing. i { I .4"&".714,1gtp at au co tri to c: 60 30 0 60 L3 � _ , If C5� • G ^t • 1 „ POINT OF BEGINNING 8 rr� LINE TABLE ry LINE ! BEARING LENGTH - .�.. wr Li N00'05'2s "EI 30.00' qj cc L2 NOO'05'26"E 50.00' r y, (I) L3 I SO0'OS'26"W 50.00' .' c� / M in c.1 w f 1 7 co .:! o /� c 03 0 PARCEL / 14- t ( L . 23,432 sq.t, - z lI 0 33$ acres .4 4 N7 1 i ,t . 4 in ip c) a) cio to � i � I eK S K,,,,,,.."' 40 O L its;.t..///7 ' 14...811/41 •ti r p 1.I' ws..� 2 !6</A . .!!%((rG(�i,(SG?i✓��p,„,........1 M _� MM f w7DT'� ____a ,i2( *. 0 1.2 i / . 38348 i t'3 '..7-- --7—tolizie ' 4 4 �• • • • ' . ..1.o ..eaw..•n.1 • e........r..vr..•r..Mv.. .t Steven Parks -- One $ , ,eyors ' SOUTHWEST CORNER Colorado Licensed Profess 1 SECTION 9 T.3N, R. 67 W.--- -,„ . Land Surveyor #38348 . • 4S.....,. .. ,.,.....la.,.,........� _.,M. ... ._ ..� 1 - - -I - 7-LYORS PROJECT NO: 201 X137 ' ' 650 E. Garden Drive I Windsor, Colorado 80550 CLIENT: ICON ENGINEERING i phone: (9 70) 686-5011 1 fax: (970) 6S6-5321 DWG: 2O14137EXH ---- O2 '• ' \v\nv.kirngsurveyors.com DRAWN: RE CHECKED: SIP j Exhibit C Ditt it e _ 4 ry3E:A�e ra a •b.., xx .�„ t& ROBERT J. FRICK r S a i + i oei<� ' . . WELD COUNTY ATTORNEY N. ^'"fad .,-, i L w,. , %. DEPARTMENT of LAW !. i 114, ..; 1• { r ..n.."'"'`- f `,: f � ,; Assistant County Attorneys Y ` 'i' ^^3 l ' T Bob Choate * Mari Deminski * Linda Goff * Tomi Hanson - t. 4 * OA Frank Haug * Amanda Larson Thomas Joaquin Brad Yatabe . ;$ -j t t r $$ • dw. 4 ' '� Y ' ^� , 2015 Public Service Company of Colorado 1800 Larimer Street, Suite 400 Denver, Colorado 80202 Attention : John D . Lupo, Manager, Siting and Land Rights Mr Lupo , In accordance with the Addendum to the Purchase and Sale Agreement regarding Weld County' s purchase of approximately 0 .538 acres of property from Public Service Company of Colorado, generally located at Weld County Road 34 in the Southwest Quarter (SW '/ ) of Section Nine (S9), Township Three North (T3N), Range Sixty-Seven West (R67W), of the Sixth Principal Meridian (6111 PM) and described on Exhibit A hereto, please find this correspondence as documentation of the non-applicability of requirements for a subdivision or a subdivision exemption . Pursuant to C .R. S . § 30-28- 1 0 1 ( 10)(c)(11) and weld County Code § 24- 1 -40, a division of land "which could be created by any court in the State pursuant to the law of eminent domain" is not a subdivision and does not create subdivided land. Weld County has the power of eminent domain via various statutes . Weld County' s position is that this property is being acquired for public purposes — specifically, for future bridge reconstruction and public road right-of-way -- and therefore is subject to acquisition by the power of eminent domain . Accordingly the division of land resulting from the transfer of the conveyed parcel to the County will not require a formal subdivision with the County. In addition, the transfer of the conveyed parcel does not require the processing of a Recorded Exemption or a Subdivision Exemption pursuant toWeld County Code § 24- 8- 10 et. seq. As such, both the conveyed parcel and the remaining parcel are legal parcels that do not require further platting or subdivision . Respectfully, Bob Choate Assistant Weld County Attorney cc : Diane B . Davies, Faegre Baker Daniels, LLP "Providing quality legal services to Weld County Government in a responsive, innovative, and cost-effective manner. ,• General Services Division Human Services Division 1150 "O" Street — P. O . Box 758 315 N . 11th Avenue -- P . 0 . Box A 1 Greeley, CO 80632-0758 Greeley, CO 80632 Phone : (970) 356-4000 * Facsimile (970) 352-0242 US.57I35730.01 PARCEL DESCRIPTION EXHIBIT A RIGHT OF WAY A parcel of land situated in the Southwest Quarter (SW1 /4) of Section Nine (9), Township Three North (T.3N.), Range Sixty-seven West (R.67W.), of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the South Quarter corner of said Section 9 and assuming the South line of said SW 1 /4 as bearing North 89°54'34" Wrest, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2579.85 feet and with all bearings contained herein relative thereto; THENCE North 89°54'34" West along the said South line a distance of 655.84 feet; THENCE North 00°05 '26" East a distance of 30.00 feet to a line parallel with and 30.00 feet Northerly of, as measured at a right angle, the South line of said SW 1/4, being the said North R.O.W. line of Weld County Road 34 and to the POINT OF BEGINNING; THENCE North 89°54'34" West along said R.O.W. line a distance of 468.65 feet; THENCE North 00°05 '26" East a distance of 50.00 feet a line parallel with. and 50.00 feet Northerly of, as measured at a right angle, the said R.O.W. line; THENCE South 89°54'34" East along said parallel line a distance of 468 .65 feet; THENCE South 00°05'26" West a distance of 50.00 feet to the North line of said R.O.W., and to the POINT OF BEGINNING. Said described parcel of land contains a total of 23 ,432 sq. ft or 0.538 acres, more or less and may be subject to any existing easements and rights of way of record or as now existing on said described parcel of land. SUR E'' QR'S CERTIFICATE I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief .e. 1/ 4t)is-2. - ; O cc 3 � 48 ge ♦ 4 . V . e •JO k • Steven Parks -- on behalf `` ' x tors Colorado Licensed Professiona. Land Surveyor #38348 ICING SURVEYORS 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 R:\20 I i 13 j;DO _1O 1 NTS'2014 13 i T, Y1-{ 02.docPage 1 of I .. .. M :., r AC .,. ,.«u<o+m<.r e..+e.a. ,.. ....«.,gym wo . . wnrorc«. . ..sw.m. . .� «enw. ,. •.:.a..xen....ew. PARCEL DESCRIPTION FXIllBIT A SOUTHWEST 1 /4 SECTION 9 • T.3N . R• 67 f. PAGE 2 OF 2 I NOTE: This exhibit drawing is not SOUTH 1 /4 SECTION 91 intended to be a monumented land T.3N. R. 67W. survey. It's sole purpose is as a POINT OF COMMENCEMENT graphic representation to cid in the I visualization of the written property ,,.r description which it accompanies. The written property description supersedes the exhibit drawing. I ,.�-----i I I I —... --.w..r- CO tri to co 60 3o.- . . ..... __..—._ 60 L3 L1 �, � I c , I 1 "= 60' c , s I -POINT OF BEGINNING .........1:) .......1........ b -,..,,... in fr .. I LINE TABLE _ cn LINEmBEARING 1 LENGTH k w � _.. _M.w -- Li N 00'05'26"E 30. 00' L2 N00'05'26t 50.00' L3 SOC'05126"W 50.00' `€ ao r.9 /..“1 1 ..-... w..........».. .•.- i I In Ni CD (0 cd tfCO CO PARCEL / a) a 23,432 sq.ft. —/ ( z 0.538 acres L� Kw • / I-0 awst I I V ltd uD CD CO CO co z I 5iyl t $e I Gt 11MM T Q 4 i I ce, _...) ...4;4 t\I EN i i .fi5f ♦ r•r'� .. f �M� • 38348 tt./— / .Zo ` !/P z440 �.�a. . •' • N ' Y W_. ... . Steven Parks — On Bt. I . ' ilycifi I~ . eyors SOUTHWEST 5T CORNER Colorado Licensed Profes SECTION 9 1'.::N. R.67W, Land Surveyor #38348 i .J .!NW!.DW,rrv.vrVN�Ma:awV.wwwtl.e...t ... �•_••...../v..N✓V........M /IM......!..M..... : , . .r.4,.. RRC. ECT N{ : 2014i37 '` KIN C."; SURVEY()RS DATE: 7/7/2014 ° s, 650 Ti, Garden Drive I Windsor, Colorado 80550 CLIENT: ICC�N E:_tiC�ll`� EE�:INC phone. (970) 686-5011 fax: (970) 686-5821 DWG: 2O14137 EXH --- 0 Ar -w.kingsurvevors.coniDRAWN: Kip CHECKED: SIP _7., . A DEED THIS DEED,made thi9' day of October,2015,between Public Service Company of Colorado, a Colorado corporation,w ose address is 1800 Larimer Street, Suite 400,Denver,Colorado,80202, "Grantor",and the County of Weld,a body corporate and politic ofthe State of Colorado,through its Board of County Commissioners, (Grantee), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESS: That Grantor, for and inconsideration of the sum of Eight Thousand Five Hundred Seventy Five Dollars and no/100($8,575.00)and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, hereby sells and conveys the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: The real property described and shown if the attached Exhibit"A" and all its appurtenances EXCEPTING existing easements of record, and RESERVING unto Grantor any interest it may have in the mineral estate under said property, 1 including oil, gas and any and all water rights currently attached to or associated with said property, except as required to sustain the integrity of the surface estate. IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above. Pu c S '.e \ompany of Colorado, a Colorado corporation, 1 111 ► v�i.� C y:Tohn D. L po e or Manage 'ting and Land Rights 1 Energy Ser es, Inc. as Authorized Agent for Public Service Company of Colorado JASON E MANISStE STATE OF COLORADO ) NOTARY PUBUC STATE OF COLORADO ) ss. NOTARY ID 20094029791 COUNTY OF DENVER ) MY COMMISSION EXPIRES SEPTEMBER 15,2017 The foregoing instrument was acknowledged before me thi/ day oc/944 `' . , 2015, by John D. Lupo as Senior Manager, Siting and Land Rights, Xcel Energy Services, Inc., as Authorized Agent for Public Service Company of Colorado, a Colorado corporation. Witness my hand and official seal. ot. Publ My commission expires: s US.57135566 01 ea ca. C-Be' 1tIlo A� L lait , 10/2905 Pages: 1 of 4 r� ��/g C, �i7(/�L� 10/y Kopp es 11:54 rAM R Fee:$0.00$0.00 D Fee:$0.00 $ peas-- Carly Koppel, Clerk and Recorder, Weld County, COCO �,�� io-a/-,%S" ilIil k!rallirliii.11A AD'iK' rill IVlif'#�,Pii:k�ti�Iiti, Ill III 7 A ACCEPTANCE The County of Weld,a body corporate and politic ofthe State of Colorado,by and through its Board of County Commissioners, hereby accepts the above Deed. Dated this Nth day of Q.AJ , 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO / >•or�r ATTES ! i� goc ; � N", } . /414N s � Kirkmey r, Chair Weld County Clerk to the Board It:,t 1 R ►��" '. _ Diff ty Clerk to he Boars N` STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this I`1 k day of C'C'h.[ ( , 2015, by Barbara Kirkmeyer, Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. Notar ublic U My commission expires: `I I"l I/c l 1 JINNIP$R PULLER NOTARY PUBLIC 5 ' ►1 e Of COLORADO NOtARY IO 20054020344 MY COMM# NN EXPIRES MAY 19, 2017 U5.57135566.01 4152905 Pages: 2 of 4 10/26/2015 11:54 AM R Fee:$0.00 D Fee-$0.00 Carly Koppel, Clerk and Recorder. Weld County. CO VIII M��.r��t I';Ift1.1k h;'�l K�l��:MS I �7 IL III N.O llyi iI III PARCEL DESCRIPTION EXHIBIT A RIGHT OF WAY A parcel of land situated in the Southwest Quarter(SW 1/4)of Section Nine(9), Township Three North(T.3N.),Range Sixty-seven West(R.67W.),of the Sixth Principal Meridian(6th P.M.),County of Weld,State of Colorado,and being more particularly described as follows: COMMENCING at the South Quarter corner of said Section 9 and assuming the South line of said SW 1/4 as bearing North 89° 4'34"West,being a grid bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/2007,a distance of 2579.85 feet and with all bearings contained herein relative thereto; THENCE North 89°54'34"West along the said South line a distance of 655.84 feet; THENCE North 00°05'26"East a distance of 30.00 feet to a line parallel with and 30.00 feet Northerly of,as measured at a right angle,the South line of said SW 1/4,being the said North R.O.W.line of Weld County Road 34 and to the POINT OF BEGINNING; THENCE North 89°54'34"West along said R.O.W.line a distance of 468.65 feet; THENCE North 00°05'26"East a distance of 50.00 feet a line parallel with and 50.00 feet Northerly of,as measured at a right angle,the said R.O.W.line; THENCE South 89°54'34"East along said parallel line a distance of 468.65 feet; THENCE South 00°05'26"West a distance of 50.00 feet to the North line of said R.O.W.,and to the POINT OF BEGINNING. Said described parcel of laud contains a total of 23,432 sq.ft.or 0.538 acres,more or less and may be subject to any existing easements and rights of way of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE Land Surveyor I,Steven Parks,a Colorado Licensed Professional or do hereby state that this Y Parcel Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge and belief. • 3:4$ :o o%.-7-7-2O12 Steven Parks—on behalf ,.•ors Colorado Licensed Professiona Land Surveyor#38348 KING SURVEYORS 650 Garden Drive Windsor,Colorado 80550 (970)686-5011 I?:,2014'3'',DCK J,?:'JTS•?0141,,\I' 02-6c+c-ag,I of 4152905 Pages: 3 of 4 10/26/2015 11:54 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO "Ill Rir1P�r Y�� r'qlM� Will�„M�1h Iir�� BI II I / PARCEL DESCRIPTION EXHIBIT A SOUTHWEST 1/4 SECTION 9 T.3N. R.67W. PAGE 2 OF 2 NOTE: This exhibit drawing is not SOUTH 1/4 SECTION 9 intended to be a monumented land T.3N. R.67W. surrey. It's sole purpose is cs a POINT OF COMMENCEMENT graphic representation to aid in the I I visualization of the written property I description which it accompanies. The written property description supersedes the exhibit drawing. I I I vi in to 60 30 0 60 L3 L1 t 1,.= 60' 5 5 G' I I POINT OF BEGINNING ---.9-1--Po—j LINE TABLE % I I LINE BEARING LENGTH cs ik it L1 ( N00'05'26"E 30.00' %44 L2 N00'05'26"E 50.00' L3 SO0'05'26"W 50.00' 1.c? ncc N a w in 10 CO (O (0 p 00 00 !o u> (D (D vi PARCEL `i- `- I m W 23,432 sq.ff. —' z 0.538 acres W I N) N) to � 01 CD 03 CO (I) Z I I I I V Q 71 I / ....;',5.0 ' o L/�' % , I �•Y. PA ,.'. _ L2 I •.o •. 38348 a Steven Parks — On B -; F' co .'eyors SOUTHWEST CORNER Colorado Licensed Profe SECTION 9 T.3N. R.67W. Land Surveyor #38348 KING SURVEYORS PROJECT NO:2014137 DATE:7/7/2014 650 E Garden Drive I Windsor,Colorado 80550 CLIENT'ICON ENGINEERING phone.(970)686-5011 I fax:(970)6S6-5821 DWG:2014137EXH-02 A www.kingsurveyors.com DRAWN:RE CHECKED:SIP 4152905 Pages: 4 of 4 10/26/2015 11:54 AM R Fee:$0.00 D Fee:$0.00 Early Koppes. Clerk and Recorder. Weld County, CO uIII PAC 11ti;ITITIEL,IMItill'iil;llelr.liihY.liK ilihI 111 II 1 f 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 U.S. Bank National Association, 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; WHEREAS, the Indenture requires the Trustee, upon the request of the Company and the fulfillment of certain conditions as set forth in Section 804 of the Indenture, to release from the operation and lien of the Indenture property which is not Funded Property (as defined in the Indenture); WHEREAS, pursuant to the Company Order dated September 14, 2015, the Company has requested the Trustee to release that real property located in Weld County, Colorado, described more fully in Exhibit A attached hereto and incorporated herein (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, and further does authorize the Company and its agents to prepare and file, on behalf of the Trustee, any partial releases under the Uniform Commercial Code that may be appropriate to evidence such release and discharge; 1 PROVIDED, HOWEVER, that this property release shall in no way affect the lien of the Indenture or the right, title and interest of the Trustee in or to any property that is subject to the operation and lien of the Indenture other than the real property described in Exhibit A attached hereto, or, to the extent applicable, any easement, right-of-way or other interest that may be or have been retained by the Company for use in the Electric Utility Business, as defined in the Indenture, following conveyance of the Property to a third party, or any equipment or facilities located in, upon or under any such retained easement, right-of-way or other interest, ownership of which is retained by the Company for use in the Electric Utility Business. 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 Trust Officers, for and in its behalf, all as of this 2 a day of 2015. U.S. Bank National Association Trustee By: Ctct. 0 Title: Vice President ATTEST: Trust Officer CAROE'di,t . SIN LAIR 2 ' . 4 ., STATE OF NEW YORK ) ) SS. COUNTY OF NEW YORK ) The foregoing instrument was acknowledged before me this f I. day of 3k1 &b_;. , 2015,by Patricia V.Marshall and CARJI�,�� R. S! j�z,Vice President and Trust Officer,respectively, of U.S. Bank National Association,a national banking association. WITNESS MY HAND AND OFFICIAL SEAL,the day and year above written. JACQUELINE REID My commission expires \ Notary Public,State of New York P ) No.01 RE6242633 Qualified in Bronx County Commission Expires June Lary Pu is 3 Pi- Exhibit A A parcel of land situated in the Southwest Quarter(SW1/4)of Section Nine(9), Township Three North (T.3N.), Range Sixty-seven West (R.67W.), of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado,and being more particularly described as follows: COMMENCING at the South Quarter corner of said Section 9 and assuming the South line of said SW1/4 as being North 89°54'34" West, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2579.85 feet and with all bearings contained herein relative thereto; THENCE North 89°54'34" West along the said South line a distance of 655.84 feet; THENCE North 00°05'26" East a distance of 30.00 feet to a line parallel with and 30.00 feet Northerly of, as measured at a right angle, the South line of said SW1/4, being the said North R.O.W. line of Weld County Road 34 and to the POINT OF BEGINNING THENCE North 89°54'34"West along said R.O.W. line a distance of 468.65 feet; THENCE North 00°05'26" East a distance of 50.00 feet a line parallel with and 50.00 feet Northerly of, as measured at a right angle,the said R.O.W. line; THENCE South 89°54'34"East along said parallel line a distance of 468.65 feet; THENCE South 00°05'26"West a distance of 50.00 feet to the North line of said R.O.W., and to the POINT OF BEGINNING; County of Weld, State of Colorado. 4 Hello