HomeMy WebLinkAbout20140241.tiff RESOLUTION
RE: APPROVE PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT, USR-1723
-CEDAR CREEK II, LLC, C/O BP WIND ENERGY NORTH AMERICA, INC.
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, by Resolution dated May 19, 2010, the Board approved the request of
Cedar Creek II Wind Farm, c/o BP Wind Energy North America, Inc., 700 Louisiana, 33rd Floor,
Houston, Texas 77002 for a Site Specific Development Plan and Use by Special Review
Permit#1723 for a Major Facility of a Public Utility (a wind energy facility with a generating
capacity up to 250.8 megawatts (MW) along with a 230-kilovolt (kV) electric transmission line,
an interconnection facility to tie into an existing 72-mile transmission line, existing collector
transmission lines, up to five (5) permanent 80-meter meteorological towers, one (1) substation,
an operations and maintenance building/facility, along with one (1) temporary batch plant and
construction facility) in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Wind Energy Facility:
Section 6, Township 10 North, Range 57 West; Sections 1, 2, 3, 4,
5, Township 10 North, Range 58 West; Sections 5, 6, 8, 17,
Township 11 North, Range 56 West; Sections 1, 2, 3, 5, 6, 7, 8, 9,
10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30,
31, 32, 33, Township 11 North, Range 57 West; Sections 3, 4, 10,
11, 12, 13, 14, 15, 16, 24, 25, 27, 34, 36, Township 11 North,
Range 58 West; Sections 28, 32, 33, Township 12 North, Range
56 West; and Sections 34, 36, Township 12 North, Range 57
West of the 6th P.M., Weld County Colorado
Transmission Line:
Sections 1, 2, 3, 4, 5, 7, 8, 9, Township 10 North, Range 58 West;
Sections 4, 9, 10, 11, 12, Township 10 North, Range 59 West;
Sections 5, 6, Township 10 North, Range 59 West; Section 2,
Township 10 North, Range 60 West; Section 7, Township 11
North, Range 57 West; Sections 12, 13, 24, 25, 36, Township 11
North, Range 58 West; Sections 31, 32, Township 11 North,
Range 59 West; and Sections 35, 36, Township 11 North,
Range 60 West of the 6th P.M., Weld County, Colorado
WHEREAS, the Board has received a request from Tri-State Generation and
Transmission, Inc., in conjunction with agreement from Cedar Creek II Wind Farm, c/o BP Wind
Energy North America, Inc., to vacate a 20-acre portion of said Use by Special Review Permit,
USR-1723, located in the W1/2 of Section 8, Township 10 North, Range 58 West of the
6th P.M., Weld County, Colorado, and
4185472 Pages: 1 of 2
03/03/2016 01:41 PM R Fees, Clerk and :$0.00
■III Carly
I i'I�I N I tVier l ILN.I County,
N, lyi, 1I II I 2014-0241
PL2059
PARTIAL VACATION OF USR-1723 - CEDAR CREEK II WIND FARM, C/O BP WIND
ENERGY NORTH AMERICA, INC.
PAGE 2
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Department of Planning Services staff and all of the exhibits and evidence presented in this
matter and, having been fully informed, deems it advisable to approve said partial vacation,
conditional upon the following:
1. Pursuant to Section 23-2-200.G.5 of the Weld County Code, the applicant
shall submit a revised plat showing the new configuration, titled "Partial
Vacation of Use by Special Review Permit, USR-1723, conforming to
Section 23-2-260.D of the Weld County Code.
2. The applicant shall record the plat for USR13-0054.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that Use by Special Review Permit, USR-1723, be, and hereby is,
partially vacated, with the abovementioned condition.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of January, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
��...��WELD COUNTY COLORADO
ATTEST: . J I Q42- km'
"-4; las Rademach r, hair
Weld County Clerk to the Boa -
r 1 I k ?;:�;
.�r .
•S 14i411g •ara Kirkmeyer, ro-Tem
De Clerk to the Board
Sean P. Conway
APP AS M:
Mike Freeman
n y Attorney
Wil iam F. Garcia
Date of signature:
4185472 Pages: 2 of 2
03/03/2016 01:41 PM R Fee:$0.00
Carly Koppes, Clerk and Recjrder, Weld County, CO
■III I�l�.r�III�N lil'I 'I �W��I�I'WON 'Mali, BI II I 2014-0241
PL2059
MEMORANDUM
To: Board of County Commissioners
r86r
r 1 From: Kim Ogle, Planning Services
• �- t, Sub•
ject: Partial Vacation of USR-1723
.COUNTY 1
Cedar Creek II Wind Farm
BP Wind Energy North America, Inc.
Date: January 27, 2014
The Department of Planning Services has received the attached letter dated December 19,
2013 from H. Steven Gray, Manager, Land Rights Acquisition for Tri-State Generation and
Transmission, Inc., requesting the partial vacation of a twenty (20) acre parcel of land created via
Recorded Exemption No. RECX13-0117 and located in the West one-half of Section 8, Township
10 North, Range 58 West of the 6th P.M., Weld County, Colorado. This land is currently
encumbered by the Special Use Permit No. 1723 for BP Energy, Inc. who has a 230 kV
transmission line crossing the northern 100 feet of this Section.
This request comes as a condition of approval for the pending USR13-0054, a Site Specific
Development Plan and Special Review Permit for a Major Facility of a Public Utility -- Two (2)
115kv Transmission Lines extending approximately 24.7 miles and Two (2) Substations — Keota
Substation at the west terminal and Redtail Substation at the east terminal, and one (1) 250 foot
Communication Tower located at the Keota Substation in the A (Agricultural) Zone District.
The applicant has submitted evidence of correspondence between Tri-State and Mr. Eric
Stidman representative for BP Energy concerning this request, dating back to late November 2013.
Mr. Stidman has had conversations with the Planning office concerning this issue on November 8,
December 3, and December 20, 2013 and January 3, 2014 and has also corresponded by
electronic mail on November 14 and December 5, 2013.
In conversation with Mr. Stidman, acting on behalf of BP Energy, Inc. Mr. Stidman verbally has
indicated a willingness to be an active participant in this partial vacation process. Further, Counsel
for BP Energy and outside Counsel on retainer has and continues to have discussion with Tri-State
regarding this request.
Mr. and Mrs. Eugene Nelson, Nelson Ranches Inc. have indicated in writing that the request by
Tri-State is supported by Nelson Ranches as current property owner.
Background information
January 22, 2009 Grant of Easement and Easement Agreement for Transmission Facilities,
signed by Nelson Ranches, Inc. and BP Wind Energy North America, Inc.for
an easement described as the North100 feet oLthe West one-half of Section
8, Township 10 North, Range 58 West of the r P.M.,Weld County
Colorado. The document was recorded via Reception No. 3600880
2014-0241
May 19, 2010 Board of County Commissioners approved USR-1723 for a Site Specific
Development Plan and Use by Special Review Permit for a Major Facility
of a Public Utility(A wind energy facility with a generating capacity up to
250.5 megawatts (MW) along with a 230-kilovolt (kV) electric transmission
line, an interconnection facility to tie into an existing 72-mile transmission
line, existing collector transmission lines, up to three permanent 80-meter
meteorological towers, one (1) substation, an operations and
maintenance building/facility, and one (1)temporary batch plant and
construction facility) in the A(Agricultural) Zone District.
November 24, 2010 The USR-1723 Plats recorded via Reception No. 3734501
The Department of Planning Services is recommending approval of this partial vacation of
the Nelson Ranches, Inc. for a parcel of land located in the West one-half of Section 8,
Township 10 North, Range 58 West of the 6th P.M., Weld County, Colorado more specifically
described as Lot A of RECX13-0117 located in the SW4SW4SWS4 of Section 8, being a 20
acre parcel of land, pending Plat recordation of RECX13-0117. This recommendation is
presented for approval as the proposed parcel does not impact the transmission line
easement located south of and adjacent to County Road 120 on a Transmission Line
Easement of 100 feet in width.
Enclosures:
Tri-State Generation and Transmission letter dated December 19,2013
Cedar Creek Wind Farm and Transmission Line Plot Plan dated November 24,2010
Cedar Creek Wind Farm and Transmission Line Plot Plan dated November 24, 2010 delineating 20 acre partial
vacation of lands per this request for consideration
Cedar Creek Wind Farm and Transmission Line Plot Plan dated November 24, 2010 delineating 20 acre partial
vacation of lands and 100 foot easement for Transmission Line and Transmission Facilities, per this
request for consideration
Letter of Authorization from Ms. Cathy Nelson, Secretary/Owner on behalf of Nelson Ranches dated September
18,2013
Grant of Easement and Easement Agreement for Transmission Facilities between Nelson Ranches and BP Wind
Energy North America, Inc.dated January 22,2009
Correspondence from Mr.and Mrs.Nelson of Nelson Ranches supporting Tri-State's request
Sent Electronically to:
Eric Stidman, BP Energy, Inc. Eric.Stidman6bo.com
Steve Gray, Tri-State G&T sgrav itrlstateat.orq
Selina Koler,Tri-State G&T skoleretristategt.orq
Nelson Ranches, Inc.
Documents sent January 20,2014
Esther Gesick
From: Gray, Steve[sgray@tristategt.org]
Sent: Monday, January 20, 2014 3:47 PM
To: Kim Ogle
Cc: Koler, Selina; 'Stidman, Eric B.'; Esther Gesick; Karla Ford
Subject: RE: REQUEST BOARD OF COUNTY COMMISSIONERS HEARING 1.27.2014
Attachments: image001.jpg
Thanks Kim. Tri-State will attend the hearing in support of the request.
Sent from my Verizon Wireless 4G LTE smartphone
Original message
From: Kim Ogle
Date:01/20/2014 2:30 PM (GMT-07:00)
To: "Gray, Steve"
Cc: "Koler, Selina" ," 'Stidman, Eric B. '" ,Esther Gesick ,Karla Ford ,Kim Ogle
Subject: REQUEST BOARD OF COUNTY COMMISSIONERS HEARING 1.27.2014
Good afternoon,
Nelson Ranches Inc. , are requesting a Board of County Commissioners hearing on Monday January
27, 2014
for the purpose of hearing a request to partially vacate a 20 acre parcel of land from the
existing Site Specific
Development Plan and Special Review Permit number USR-1723, BP Wind Energy North America,
Inc.
Please let me know if there is a conflict with the request.
Thank you.
Kind regards,
Kim
Kim Ogle
Planner III
Department of Planning
1555 North 17th Avenue
Greeley, Colorado 80631
Direct: 970.353.6100 x 3549
Office: 970.353.6100 x 3540
Facsimile: 970.304.6498
[Logo 2012 Color]
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
1
Esther Gesick
From: Stidman, Eric B. [Eric.Stidman@bp.com]
Sent: Monday, January 20, 2014 4:21 PM
To: Kim Ogle; Gray, Steve
Cc: Koler, Selina; Esther Gesick; Karla Ford
Subject: RE: REQUEST BOARD OF COUNTY COMMISSIONERS HEARING 1.27.2014
Kim,
We are in the process of formulating a response to this request to make sure the Cedar Creek II, LLC's rights are
protected in this process.
Thanks,
Eric
From: Kim Ogle [mailto:kogle@co.weld.co.us]
Sent: Monday, January 20, 2014 3:25 PM
To: 'Gray, Steve'
Cc: 'Koler, Selina'; Stidman, Eric B.; Esther Gesick; Karla Ford; Kim Ogle
Subject: REQUEST BOARD OF COUNTY COMMISSIONERS HEARING 1.27.2014
Good afternoon,
Nelson Ranches Inc., are requesting a Board of County Commissioners hearing on Monday January 27, 2014
for the purpose of hearing a request to partially vacate a 20 acre parcel of land from the existing Site Specific
Development Plan and Special Review Permit number USR-1723, BP Wind Energy North America, Inc.
Please let me know if there is a conflict with the request.
Thank you.
Kind regards,
Kim
Kim Ogle
Planner III
Department of Planning
1555 North 17th Avenue
Greeley, Colorado 80631
Direct: 970.353.6100 x 3549
Office: 970.353.6100 x 3540
Facsimile:970.304.6498
t j fi
.1.4 Leif
January 20, 2014
Weld County Board of County Commissioners
c/o Mr. Kim Ogle
Planning and Building Department
1555 N. 17th Ave.
Greeley, CO 80632
RE: Tri-State Generation and Transmission Association, Inc. Redtail Substation
Project
Dear Mr. Ogle,
As the owner of the West half of Section 8, Township 10 North, Range 58 West of the 6"
PM,Weld County Colorado,Nelson Ranches, Inc. requests removal of USR-1723 from
the South 950 feet of the West 950 feet of that section in support of the application of Tri-
State Generation and Transmission Association for a land use permit to build an electrical
substation there.
Sincerely,
Nelson Ranches, Inc.
ecv:4 71(ted...61-24--
a
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.
1100 W. 116TH AVENUE• P.O. BOX 33695• DENVER,COLORADO 80233 •303.452-6111
December 19, 2013
Weld County Board of County Commissioners
c/o Mr. Kim Ogle
Planning and Building Department
1555 N. 17th Ave.
Greeley, CO 80632
RE: Tri-State Generation and Transmission Association, Inc. Redtail
Substation Project
Dear Mr. Ogle,
As you know, Tri-State Generation and Transmission Association, Inc. needs to
construct a new electrical substation to be known as the Redtail Substation to
serve growing loads in northeast Weld County. Tri-State holds a contract for the
purchase of 20 acres of property for that purpose in the West half of Section 8,
Township 10 North, Range 58 West of the 6th PM, Weld County Colorado. The
"Property' is described as the south 950 feet of the west 950 feet of Section 8.
Tri-State filed an application for a Recorded Exemption (RECX13-0117)
associated with the Property on October 7, 2013.
All of Section 8 is currently encumbered by Use by Special Review Permit No.
USR-1723 associated with the Cedar Creek II Wind Farm and Transmission Line
(the "USR") held by BP Energy ("BP"). The administrative approval of the
Recorded Exemption requires Tri-State to seek removal of the USR from the
Property. County staff and Tri-State staff have contacted BP and requested Its
cooperation in removing the Property from the USR, but have received neither an
agreement nor any objection to such removal by BP. Upon information and
belief, County staff spoke to the BP representative by telephone in November of
2013. Tri-State staff contacted the same BP representative by email on
November 20, 2013. On December 5, 2013, BP requested additional information
which was provided by Tri-State the same day. Tri-State contacted BP by email
again on December 13 and by telephone on December 18, 2013. As of today's
date, BP has not responded.
Because of the failure of BP to timely respond to its request, Tri-State must
unilaterally move the Board of County Commissioners, on behalf of itself and
Nelson Ranches, Inc. (the current owner of the Property)to remove the USR
from the Property in order to meet its schedule and its obligations to its members.
In support of Its motion, Tri-State submits that the removal of the USR from the
Property will have no impact upon BP, or the Cedar Creek II Wind Farm and
Transmission Line. The Property lies over two miles from the nearest wind
turbine as shown on the USR Plat. Indeed, the Property is not within the "Wind
Energy Facility" portion of the platted area at all, Section 8 is included only within
the "Transmission Line" portion of the platted area (See USR Plat Page 2). The
transmission line referenced in the USR Plat (and BP's associated easement) is
limited to the north 100 feet of section 8 (See USR Plat Page 16). The north
boundary of the Property is over 4,000 feet south of the transmission line. BP has
built nothing in any portion of the Property, and the USR Plat identifies no
proposed improvements on or near the Property. Presumably no improvements
could be built there by BP without an amendment to the USR.
Tri-State has filed an application for a 1041 land use permit associated with Its
proposed substation. It plans to present its request to the Board of County
Commissioners early in 2014. Removal of the existing USR from the Property will
allow the permitting process to move forward without impacting the ability of BP
to continue to operate its wind farm and transmission line. Therefore, Tri-State
respectfully requests removal of USR-1723 from the South 950 feet of the West
950 feet of Section 8, Township 10 North, Range 58 West of the 6th P.M., Weld
County, Colorado, as shown on the attached plat, and requests that a hearing be
held before the Board of County Commissioners as soon as is practicable.
Sincerely,
'Nana LanpRights Acquisition
Tri-State G -oration and Transmission Association, Inc.
Cc: Eric Stidman, BP Energy
Nelson Ranches, Inc.
Encl: USR-1723 Plot Plat, Page 2 and 16
USR-1723 Plot Plat, Page 2 with proposed amendment
Landowner Letter of Authorization from Nelson Ranches, Inc. to Tri-State
A Touchstone EnugfC oo{Kntive 4>
OTRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.
1100 W. 116TH AVENUE• P.O. BOX 33695 • DENVER, COLORADO 80233 • 303-452-6111
Nelson Ranches, Inc.
58900 CR 382
Grover, CO 80729
RE: Tri-State Generation and Transmission Association, Inc. Keota Substation
Project
Dear Mr. and Mrs. Nelson,
As you know, Tri-State Generation and Transmission Association, Inc. needs to
construct a new electrical substation to be known as the Redtail Substation on
property that you currently own in the West half of Section 8, Township 10 North,
Range 58 West of the 6'h PM, Weld County Colorado. Tri-State needs to obtain
land use permits and other permits related to development of the substation from
Weld County. Because Trl-State is the applicant for aft such permits, but is not
yet the owner of the property, Weld County requires your authorization as the
owner of the property to allow Tri-State to apply for and pursue all such permits.
Please acknowledge your consent by signing this letter where indicated below.
Thank you for your assistance. Should you have any questions, please do not
hesitate to contact me at 303-254-3649.
Sincerely,
H. Steven Gray
Manager, Land Rights Acquisition
Approved and agreed to as set forth herein.
By: ( p742 C - i
Name:: Ce tic e scV
Title: 5 i-c av-y / eD Ev v c,r-
Date: 9 /eP/ 3
ATaudumne Ennp✓Ccopendve Kt>
111111111111111111111111111111111111111 I I 11111111111111
3600880 01/22/2009 02:45P Weld County, CO
880 1 of 10 R 51.00 0 0.00 Steve Moreno Clerk& Recorder
For Recorder's Use Only
Recording Requested B3 and
When Recorded Return to:
Land Manager
BP Wind Engrg%North America inc.
700 Louisiana. 33`I Floor
Houston.TX 77002
(713)354.2130
GRANT OF EASEMENT AND EASEMENT AGREEMENT
FOR TRANSMISSION FACILITIES
THIS GRANT OF EASEMENT AND EASEMENT AGREEMENT FOR TRANSMISSION
FACILITIES(this"Agreement")is made,dated and effective as of January 7, 2009(the"Effective
Date"), between Nelson Ranches, Inc. ([collectively, and ]including its/his/her/their executors,
representatives, heirs, successors and assigns, "grantor"), and BP Wind Energy North America
Inc.,a Virginia corporation("Grantee"). Grantor is the sole owner of certain property located in
Weld County, Colorado, as more particularly described in Exhibit A attached hereto and made part
hereof(the"Property").
I. Grant of Transmission Easement. For good and valuable consideration, the legal
sufficiency of which is hereby acknowledged by Grantor,Grantor hereby grants to Grantee and its
successors and assigns, an exclusive easement ("Transmission Easement") on, along,over,under
and across a portion of the Property one hundred(100)feet wide(such portion of the Property,the
"Easement Area" as more particularly described in Exhillitli attached hereto and made part
hereof), for the right to erect, construct, reconstruct, replace, remove, maintain and use the
following from time to time a line of towers or poles, with such wires and cables as from time to
time are suspended therefrom, andior underground wires and cables, for the transmission of
electrical energy and/or for communication purposes, and all necessary and proper foundations,
footings, crossarms and other appliances and fixtures for use in connection with said towers, poles,
wires and cables on, along, over, under and across the Easement Area. The Easement Area may
exceed 100 feet in width by up to 50 feet in limited situations to the extent reasonably necessary to
accommodate guy wires needed to enable a transmission line to turn a corner. Said towers, poles,
wires, cables, foundations, footings, crossarms, appliances, fixtures, facilities and rights-of-way
are herein collectively called the"Transmission Facilities."
2. Payment. In consideration of the rights granted hereunder, Grantee agrees to pay
Grantor the amounts set forth in the Fee Schedule attached hereto("Fee Schedule").
3. Construction Activities. During the construction of the Transmission Facilities, Grantee
may use for construction purposes an additional fifty (50) feet of land in total on either or both
sides of the Easement Area Grantee will use commercially reasonable efforts to minimize
surface disturbance on the portion of the Property lying outside of the Easement Area during
construction. Grantee shall notify Grantor of the commencement and completion of
HO1.103 1153404.5 Page I of9
_Igni11111111111111111 EMI MHOS IIII .,
3600880 01/22/2009 02:45P Weld County, CO
2 of 10 R 51.00 D 0.00 Steve Moreno Clerk& Recorder
construction.
4. Access. The Transmission Easement is also for the right of ingress to and egress from
Transmission Facilities (whether located on the Property or elsewhere), over and along the
Property by means of roads and lanes thereon if existing, or otherwise by such route or routes as
Grantee may construct from time to time, provided, however, that Grantee shall consult with
Landowner on the location of any such roads and lanes prior to their construction. Grantee shall
also have the right to maintain and improve such roads and lanes.
5. Term and Termination. Subject to the terms and conditions of this Agreement,the term of
this Agreement shall commence on the Effective Date and continue in perpetuity unless earlier
terminated by Grantee by written notice to Grantor. An "Event of Default" shall exist under this
Agreement if: (a) Grantee fails to pay Grantor the post-construction payment that is due in the
attached Fee Schedule after commencement of construction of the Transmission Facilities on the
Property by the earlier of (i) the thirtieth (30th) day after commencement of construction or
(ii) December 31, 2018 (the "P.yment Expiration Date") or (b) Grantee defaults in the
performance of any other covenant or agreement contained in this Agreement and (c) either such
default in (a) and (b) hereof continues uncured for a period of sixty (60) days after written notice
thereof from Grantor to Grantee, unless such default cannot be reasonably cured within such sixty
(60)-day period, in which case no Event of Default shall exist if Grantee, within such sixty (60)-
day period, commences to cure such default and thereafter prosecutes the cure of such default in
good faith and with due diligence. Upon the occurrence of an Event of Default, Grantor may
terminate this Agreement by recording in the Real Property Records of the county in which the
Property is located("County Records")a declaration stating that this Agreement has terminated by
reason of the occurrence of an Event of Default. Upon the expiration or earlier termination of this
Agreement, Grantee shall promptly de-energize any electrical lines or facilities in, on or over the
Easement Area, remove the Transmission Facilities from the surface of the Easement Area, and
restore said surface to approximately the same condition as the Easement Area was in on the
Effective Date.
6. Assignment. Grantee may assign this Agreement or its rights with respect to the
Transmission Easement, in whole or in part, without the need for Grantor's consent. This
Agreement shall run with the land. This Agreement shall inure to the benefit ot; and be binding
upon, Grantor and Grantee and their respective transferees, heirs, successors and assigns and all
persons claiming under them.
7 Compliance with Laws. Grantee shall comply with all laws, regulations and rules
governing the erection, construction, reconstruction, replacement, removal, maintenance and use of
the Transmission Facilities.
8. Costs. All costs and expenses incident to the erection, construction, reconstruction,
replacement, removal, maintenance and use of the Transmission Facilities including the trimming
and cutting of any trees and underbrush shall be borne by Grantee.
11O1'03.1153404.3 Page 2 0f 9
111111 1111 IIIIII 111111 IIII 11111111111 III 11111 IIII IIII �.
3500880 01/2212009 02:46P Weld County, CO
3 of 10 R 51.00 D 0.00 Steve Moreno Clerk&Recorder
9. Grantor's Right to Use the Easement Area. Grantor retains the right to use the Property,
including the Easement Area,for all purposes not inconsistent with the rights granted to Grantee by
this Agreement.
10. Indemni y. (a) Grantee shall, at all times, save and hold harmless and indemnify Grantor,
its officers, partners, agents, contractors and employees, from and against all losses, damages,
expenses, claims, demands, suits and actions, including, but not limited to, all claims for personal
injuries and property damage outside the Easement Area, to the extent caused by the negligence or
willful misconduct of Grantee, its officers, partners, agents, contractors and employees. (b)
Grantor shall, at all times, save and hold harmless and indemnify Grantee, its officers, partners,
agents, contractors and employees, from and against all losses, damages, expenses, claims,
demands, suits and actions, including, but not limited to, all claims for personal injuries and
property damage within the Easement Area, to the extent caused by the negligence or willful
misconduct of Grantor, its officers, partners, agents,contractors and employees.
II. Maintenance. Grantee shall have the right to make all foreseen and unforeseen and
ordinary and extraordinary changes and repairs which may be required to the Transmission
Facilities, and to maintain and keep the Easement Area in good order, repair and condition,
including but not limited to trimming, cutting and removing trees and underbrush anywhere on
the Property as reasonably necessary if any limbs, branches or other parts are within the
Easement Area, When Grantee performs such maintenance activities, Grantee shall remove all
debris created (such as, but not limited to, tree limbs, underbrush, etc.) and dispose of such
debris offsite.
12. Financing.
12.1 Grantee may collaterally assign, mortgage or otherwise encumber its interest in
this Agreement to a Financing Party (as hereinafter defined) under a Mortgage (as hereinafter
defined). The term "Financing Party" means any institution (including any trustee or agent of
behalf of such institution) providing debt or other financing to Grantee or its successors or assigns.
The term"Mortgage" shall mean any mortgage, deed of trust, deed to secure debt or other security
instrument by which Grantee's interest under this Agreement is mortgaged, conveyed, assigned or
otherwise transferred to secure a debt or other obligation to a Financing Party. Each Financing
Party who provides notice to Grantor of its Mortgage shall be referred to as"Mortgagee."
12.2 So long as any Mortgage remains in effect, this Agreement shall not be
modified, and Grantor shall not accept a surrender of the Property or a termination or release of
this Agreement prior to the expiration of the term hereof; without the prior consent of all
Mortgagees.
12.3 Grantor,upon providing Grantee any notice of(i) default under this Agreement
or(ii) termination of this Agreement, shall at the same time provide a copy of such notice to each
Mortgagee. Such Mortgagee shall have the same period, after the giving of such notice, for
remedying any default or causing the same to be remedied (but shall have no obligation to remedy
or cause the remedy of any default), as is given Grantee after the giving of such notice to Grantee
to remedy the default specified in any such notice. Grantor shall accept such performance by or at
110110.1 115341)4 5 Page 3 of 9
1 111111 11111 111111 111111 11111111111111 III 1111111111111
3800890 01/2212009 02:45P Weld County, CO
4 of 10 R 51.00 0 0,00 Steve Moreno Clerk 3 Recorder
the instigation of such Mortgagee as if the same had been done by Grantee.
12.4 Grantor shall execute such estoppel certificates (certifying as to such matters
as Grantee may reasonably request, including, without limitation, that no default then exists
under this Agreement to Grantor's knowledge, if such be the case) and/or consents to assignment
and/or non-disturbance agreements as Grantee or any Mortgagee may reasonably request from
time to time.
12.5 In case of the termination of this Agreement as a result of any default or the
bankruptcy, insolvency or appointment of a receiver in bankruptcy for Grantee, Grantor shall
give prompt notice to the Mortgagees. Grantor shall, upon written request of the first priority
Mortgagee, made within forty (40) days after notice to such Mortgagee, enter into a new
easement agreement with such Mortgagee, or its designee, within twenty (20) days after the
receipt of such request. Such new easement agreement shall be effective as of the date of the
termination of this Agreement by reason of default by Grantee, and shall be for a term equal to
the remainder of the term of this Agreement and upon the same terms, covenants, conditions and
agreements as contained in this Agreement. Upon the execution of any such new easement
agreement, the Mortgagee shall agree in writing to perform or cause to be performed all of the
covenants and agreements set forth in this Agreement to be performed by Grantee to the extent
that Grantee failed to perform the same prior to the execution and delivery of the new easement
agreement.
13. Grant to Utility. Grantee shall have the right to grant to any utility the right to
construct, operate and maintain Transmission Facilities in the Easement Area pursuant to any
standard form of easement or other agreement used by utility.
14. Notices. All notices, requests and communications ("Notice") under this Agreement
shall be given in writing, by (i)personal delivery(confirmed by the courier delivery service),(ii)
facsimile and confirmed in writing by mail, or (iii) first class certified mail, postage prepaid,
return receipt requested,to the individuals and addresses indicated below:
(a) If to Grantor:
Nelson Ranches, Inc.
58900 County Road 382
Grover, CO 80729
(b) If to Grantee:
BP Wind Energy North America Inc.
700 Louisiana, 33`d Floor
Houston, TX 77002
Attention: Land Manager
Facsimile: (713) 354-2(20
Ic) If to Mortgagee upon Notice of Default or Termination:
11O1 TO I.I 153404.5 Page 4 of 9
1St 1111 11111 In 11111111
3800880 01/22/2009 02.45P Weld County, rk
5 of 10 R 51.00 D 0.00 Steve Moreno Clerk&Recorder
At the address indicated in Mortgagee's notice sent to Grantor under Section 12.1
hereof
Except as expressly provided herein, any Notice provided for herein shall become effective only
upon and at the time of first receipt by the party to whom it is given, unless such Notice is only
mailed by certified mail, return receipt requested, in which case it shall be deemed to be received
five (5) business days after the date that it is mailed. Any party may, by proper written notice
hereunder to the other party, change the individual address to which such Notice shall thereafter
be sent.
15. Applicable Law. This Agreement shall be construed and enforced in accordance with the
laws of the State of Colorado.
16. Integration, Amendment. This Agreement, when executed, approved and delivered,
together with all exhibits attached hereto, shall constitute the entire agreement between the
parties and there are no other representations or agreements, oral or written, except as expressly
set forth herein. This Agreement may not be amended or modified except by a written
agreement signed by the parties hereto.
17. Inaccuracy of Legal_Description or Ownership. In the event of any inaccuracy in the
description of the Property or Easement Area in Exhibit A or Exhibit B, respectively, or in the
description of the parties in whom title to the Property is vested, Grantor and Grantee shall
amend this Agreement to correct such inaccuracy in order to accomplish the intent of Grantor
and Grantee.
18. Recording. Grantor and Grantee agree that this Agreement (without the Fee Schedule)
shall be recorded in the County Records.
19. Severability. If any terms or provisions of this Agreement are deemed to be invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby.
20. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be deemed to be an original agreement, and all of which shall constitute one agreement.
IN WITNESS WHEREOF, Grantor and Grantee have caused this Agreement to be executed and
delivered by their duly authorized representatives as of the Effective Date.
"GRANTOR"
4 � � L
&fra
Name: Nelson Ranches, Inc.
nowwill$404.5 Page 5 of 9
1111111 11111 111111 111111 1111 11111 111111 III 11111 11111111
3500850 01122/2009 02:46P Weld County,CO
6 of 10 B 51.00 0 0.00 Steve Moreno Clerk&Recorder
STATE OF UIorado )
) sS:
COUNTY OF Ue1 )
p the fowl regngrumnt was acknowledged before me by
�� � tklk 1 tlt D this•;r day of ` uttly 2009.
Net+cn J
Witness my hand and official seal.
No Public
My Commission Expires: II 261
MAROARCT E. '',..11.1N~TT
NOTARY PUBLIC
STATE O` COLORADO
HOI ra3.I!53.04J Page 6 of 9
111111111111111111111111111111111111111111111111111110
880 01/2212009 02:45P Weld County,no Cl Corkdr Recordor
7 of 10 R 51.00 D 0.00 Steve More
"GRANTEE"
BP Wind Energy 1'4ortb America Inc.
By r� ' �
Name: D.E. Bros t
Title: Attomey-In-F821
STATE OF 1 X 3 )
) ss:
COUNTY OF, 71Crrt3 )
On ji muarst q , 2009,before me, c./Gn,ifie, ,9• /mane,, s
Notary Public, personally appeared D. Lam. gray-i sd,- , personally
known to me(or proved to me on the basis of satisfactory evidence)to be the person
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity,and that by his signature on the instrument
the person or the entity upon behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
N ry Public
My Commission Expires: ,t/ovcl - -- DV/020,a_
ayriJENNIFER,K S;ft.4 Notar State of e
y Public,
€ My Commission Expires
*13iti r November 04,2012
11O1103:11334114 5 Page 7 of 9
1111111 11111111111111111 OHIO 1111111II 111E1 U 1111
3600880 01/2212009 02:45P Weld County, C
8 of 10 R 51.00 0 0.00 Steve Moreno Clerk&Recorder
Exhibit A
THE PROPERTY
All that certain real property located in Weld County, State of Colorado, to wit:
The west '/z of section 8 and the west 1/2 of section 7, all in Township 10 north of Range 58
west of the 6th P.M
And
All of section 12,all of section t I,the north'A of section 10, all in Township 10 north of
Range 59 west of the 6th P.M
1101.103:113)10.5 Page 8 of 9
11111111111I1111111111111I1I1III11I
3600•
80 01,111111 Recorder
9 of 10 R 51.0 0 0 0.00 Steve Moreno County,
CO
Exhibit B
EASEMENT AREA
Please see attached map.
UQ flJ:I sss.ia.s Page 9 of 9
111111111111 MI NH IIII MIME VIEW"IIII
3600880 01/22/2009 02:45P Weld County, CO
10 of 10 R 51.00 0 0.00 Steve Moreno Clerk& Recorder
The north 100 feet of the west '/z of section 8, the north 100 feet of the west ''/ of
section 7, all in Township 10 north of Range 58 west of the 6'h Principal Meridian,
Weld County, Colorado; excepting there from any road rights of way and
encumbrances of record.
And
The north 100 feet of section 12, the north 100 feet of section 11, the north 100
feet of section 10, all in Township 10 north of Range 59 west of the 6°i Principal
Meridian, Weld County, Colorado; excepting there from any road rights of way
and encumbrances of record.
Note: This sketch is meant to depict the legal description of the easement. It does
not represent a monumented land survey.
1I r
'O y
b 4 i 6
10 i htl!M
lt
,1=1 I _.._. t !
i I I
1 1 ii
1 , i
1 --..1 o isi.
D f !
-- :d i1
1
--- _ . 1s -- lilt I . ri,c1 +;i 1
1il
1 ' - ;1 111 ' it,! 1•
I II' iii
1 -
, L - - ., i
1 O < w , 4
Imo• t Ild
i iy1-�\ rp i
1
i •
,. 7 till xi;iIra t• I�' I • o. I { i t t ;I 'Pitt' fait ��PI
I I l -4.j t1 ill!, :i;i 1j`.
is .! -;I; lir!
. ----I- 1 1 .4 Ii 1 tt 1 i iicii liiii f,i,,
' 1l' 1i t !t f . oil iiE1' Vij
1 �I•Y ( — It� N e., 1 1 Wl i;ii
. ,. —_ .�_____r—_ ; ,1 'I 1!i it t i��t Bpi s�s1
I I 1;.p it li i 1 IV kr..Ii11
• —
ie 111 I —I—
4• li
IC! 7- ---f--`sit- 1
•
a \ 1
Ie ._
-71
' a I 1
L: � . ,
a 1 I I 1 . 11 i-_+—T I .
•
I 5 '£3 I
I=3 a r
I1
iJM :!U Iasi lit . el
i4 1
I I 1!
i
r- i
• —1——.
l ;
1 i I it
L_-- L— - 0 a
•• Vtiti t ti
_:: rII I " ,sv,� 1` Ili
:` I
.o . - • li I� ddl�I"
,, 1 ri lr
la', " 7v #h
I' ..is Pi - I` �� t i • I f p ----^•. i;1 . ii. I ti i liii
rr
t ' 'L FT • 11
r —I
- ilr - ! j ll 1=xd "l'i
i f j i+� "�'Z :�1:
' .) � �' I;i i ) a fill ;:1 1ti.
3 , .i Vii,
4 ..�.--i F!! ` O t:t '.11
a _ .•— - - i s ' I iteff f- ;.t
Ir.1 r----i-- - -r—— _ :�; 'j l�!�)� t;,� t',Y�
I •
r c, l r Po! ',,i, ti_q
}t :.. I } l•_;. 11 1.11 1-,l 1+
i: *...-tl it.. V . 11 I f 1,01 el .fit xt
S 1 es' I-` 4..--t—' —`-_ -I- _ \ 1��4 j! f ii 3 i Ut1
, ni,i 4 '41
z i —�— 4 , '' 'i`i.: 7: 3t1!.!l1
111
d III I • I- r -_4----I----f--- 1 !
I.
.
s2; 6 - 1 + I.•. ___ 1... I • r -} if
3 I IY
I I I I +-
- - --� 1 - 1 . +--+.7
•
It
ill:: I u1 !! i fa }! 1 1ii 1 I f l I j�1 l' ,
Ii; +
ft . e.. r 3 ` ltJ d Eli i i 1 -
D 6
.1 tll
j i till} 1 i• ! t to
3 ,, ,, }l►11ill 1 ;I
• a1 3 1 t 1 t III 11 tj�i� }' • _ :,
• J: % * I * , e iI J ig
th
T i l l i t I r, .A,I{I ,tf }t;f
! •i I I t l.. i II !ittttlj'j9
itl iet i". 4 9 £ 9 A L, !IIValtitj
1 z:
* .c.=1344.. 114 `.
IN , i,
Py .. I G. W 8 •
1I
•I i
ti •-•-•
I y� .y.0 •, , • � q�' _lilw tai)404 I
•,J
!1 • t dl
f s
t I.
., t.1 n
,uq •t.u- 1•Tc... SRt:.r.
le
ti • .
iLL
-up
liiSi,
e; t.
I ;i Ii i
ei 41
jet Q-3.
-.a __ 8
i 1
!a E.:!]..s I?
EXHIBIT
1 4 / z.'lflM
2
ai;\
2o I 4 a • jc\ ‘
James B. Borgel
Lftt .N D IFI1/¼1tF, Phone (303) 295-8245
won Fax (303) 295-8261
.i. l f F:= LAW C.:) !_) T W l":: 5 _1..: � ; <,s ; .
JBBorgel@hollandhart.com
January 21 , 2014
VIA E-MAIL AND U.S. MAIL
Kim Ogle
Planner
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
RE : USR13 -0054 and RECX 13 -0117
Dear Mr. Ogle :
We are contacting you on behalf of the owners and operators of the Cedar Creek Ii Wind Project
to provide you with our comments on the referenced applications that have been submitted to
Weld County by Tri-State Generation and Transmission Association, Inc . ("Tri-State"). We very
much appreciate your assistance to date in providing us with information regarding Tri-State' s
proposal , and will continue to monitor the proceedings to ensure that Tri- State ' s proposed project
will not have any negative effects on our existing Cedar Creek II Wind project.
Based on our current understanding of the Tri -State proposal , we have several comments with
regard to their application :
1 . We understand that an approximately 20 acre portion ofTri- State ' s proposed Use by
Special Review Permit on property owned by Nelson Ranches, Inc . overlaps a portion of
the Use by Special Review Permit 1723 that was granted by Weld County for the Cedar
Creek II Wind Project. According to Tri-State' s application, this 20 acre site will be
used to develop the proposed Redtail substation. Under the County ' s policies, we
understand it will be necessary for the County to vacate that portion of the Cedar
r
Creek II Use by Special Review permit that covers such 20 acre parcel . Cedar Creek II
has reviewed the Tri-State application and does not believe that the partial vacation of
the Cedar Creek II USR with respect to this 20 acre parcel within the Nelson Ranches
property will invalidate or otherwise have any negative effect on the Cedar Creek II I
project. However, we reserve the right to continue our review of the proceedings related
to Tri- State ' s application to ensure that this continues to be the case as the project
proceeds through the public hearing process. We request that if the County approves the
Tri -State application , that they include a condition which would require Cedar Creek H ' s
consent to the partial vacation of the Cedar Creek II Use by Special Review Permit prior
to recordation ofTri-State' s Use by Special Review map .
2 . We also understand that certain activities associated with the construction of the
proposed Keota substation as described in the Tri-State application will require an outage
Holland & Hart a
Phone [3031 295-8000 Fax 1303] 295-8261 www.hollandhart.com
555 17th Street Suite 3200 Denver, CO 80202 Mailing Address P.O. Box 8749 Denver, CO 80201 -8749
Aspen Boulder Carson City Colorado Springs Denver Denver Tech Center Billings Boise Cheyenne Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C. C,
HOLLAND & HARL
Kim Ogle
January 21 , 2014
o,t Page 2
on the Cedar Creek Keenesburg Transmission line during construction . We will
continue to review the impacts which such an outage may have on the operation of the
Cedar Creek II project, and request that the County require Tri-State to obtain Cedar
Creek Wind Energy, LLC and Cedar Creek II ' s approval of a plan for any such outage
before Tri-State commences construction at the Keota substation site. Any such plan
should address, at a minimum, the timing any outage as well as the additional costs
g
and revenue losses that experienced by will be Cedar Creek 11 in connection with the
outage.
3 . The plan for the proposed Keota substation also indicates that a portion of the existing
Laramie River/Story Transmission Line will be relocated to cross the Cedar Creek
Keenesburg Transmission Line in a different location. We would request that the
County' s approval of Tri -State ' s USR include a condition that prior to the start of
construction they execute a crossing agreement with Cedar Creek Wind Energy, LLC
that will allow for the placement of the relocated transmission line at this new location .
4 . Finally, we understand that the County has required Tri-State to process subdivision
exemption RECX 13 -0117 in order to create the 20 acre parcel on which the Redtail
substation will be located. We would request that this exemption not be recorded until
the County finally approves Tri-State' s USRl3 -0054 and Cedar Creek II has consented
to the partial vacation of its USR 1723 , so Cedar Creek II can confirm that the newly
created parcel and Tri- State' s proposed facilities as approved by USRl3 -0054 will not
adversely affect the Cedar Creek II Wind project.
Thank you for the opportunity to review these materials and the additional information that you
have been able to provide us as we review Tri-State ' s proposal. If you should have any
questions with regard to our comments or the Cedar Creek II project, please don' t hesitate to
contact us.
Sincerely,
fielf- ,1 17eZ,,,,,,„e6
c4ameS B . Borgel
of Holland & Hart LLP
cc : Eric Stidman (via e-mail )
Michael Rigo (via e-mail )
Leann Vaughn (via e-mail)
6617653_1
Hello