HomeMy WebLinkAbout2.0 BOCC Staff Report 10.20.1986• •
BOCC 10/20/86
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT:
LOCATION:
I. PROJECT DESCRIPTION
Special Use permit for a 230,000
volt electric transmission line.
Public Service Company of Colorado
A right-of-way located in parts of
the SW 1/4 Section 16, SE 1/4 SE
1/4 Section 17, N 1/2 NE 1/4 & N
1/2 NW 1/4 Section 10, N 1/2
Section 19, T6S, R92W; N 1/2
Section 24, T6S, R93W; practically
described as a right-of-way running
from a point approximately 2 miles
southwest of Silt to a point
approximately 3 miles southeast of
Rifle.
A. It is proposed to build a 230,000 volt electric transmission line
from Public Service's Rifle substation to another substation on
the Cogeneration and Technology Development Company cogeneration
plant property. The separate line is necessary to insure that
there will be no interruption of electrical service on the main
Public Service line. The transmission line will be constructed
on 65 ft. to 85 ft. high H -frame towers located in line 75 ft.
south and parallel to the existing Public Service power line.
Additional facilities will be added to the company's Rifle
substation, resulting in additional area being utilized in the
substation location. Alternative locations for the power line
were analyzed and the proposed alternative was determined to be
least costly and it will not impact any residences.
II. PROPOSED FINDINGS
1. That proper publication, and public notice, was provided as
required by law for the hearing before the Board of County
Commissioners;
2. That all hearings before the Board of County Commissioners were
extensive and complete, that all pertinent facts, matters and
issues were submitted and that all interested parties were heard
at that hearing;
3. That the proposed special use conforms to Section 5.03 concerning
the Approval or Disapproval of a Petition for a Special Use, of
the Garfield County Zoning Resolution;
4. That for the above stated and other reasons, the proposed special
use permit is consistent with the best interests of the health,
safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
III. RECOMMENDATION
APPROVAL, of the Special Use permit for a 230,000 volt electric
transmission line with the following conditions:
• •
1. That all proposals of the applicant shall be considered
conditions of approval, unless stated otherwise by the Board.
The ap cant 11 subm evide e of eir 1 a rig t of entry
t. •rivat lands ossed b the ele•tric ansmis-on li to the
Plan•' ng De rtment rior to ssuance of the pecia use p mit.
3. The applicant shall have 120 days from the date of the Resolution
of Conditional Approval to meet all conditions set forth in the
Resolution. The Special Use permit shall be issued when all
conditions are met and shall expire 120 days after issuance
unless use has commenced.
NA i4E OF LINE
a
Recorded at o'clock_.M.
Recon No. • Recorder
EASEMENT
CATHERINE J. WALL aka MRS. EDMUND H. ATKINSON
Grantor, in consideration of Ten Dollars ($10) and other good and valuable consideration to Grantor in hand
paid by PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, 550 15th Street, Denver, Colo-
rado 80202, Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, conveys and
confirms unto Grantee, its successors and assigns, a perpetual easement for the transmission, distribution, or
both, of electricity and for the transmission of communication signals on, over, under and across the following
describedremises located in the County of
Garfield , State of Colorado, to -wit:
A parcel of land lying in Lot 1, Section 19, Towlship 6 South,
Range 92 West of the 6th Principal Meridian, County of Garfield,
State of Colorado, more particularly described as follows: an
easement 75.0 feet in width being 25.0 feet on the northerly side
and 50.0 feet on the southerly side of a centerlire beginning at
a point on the West boundary line of said Section 19, said point
being 956.6 feet south of the Northwest Corner of said Section
19; thence N.82°24'45"E. a distance of 1643.0 feet, more or less,
to a point on the East boundary line of said Lot 1.
Contains 2:828 acres.
Together with full right and authority to Grantee, its successors, licensees, lessees, contractors or assigns, and its
and their agents and employees to enter at all times upon said premises to survey, construct, repair, remove, replace,
reconstruct, patrol, inspect, improve, enlarge and maintain electric transmission and distribution lines and com-
munication facilities, both overhead and underground, including towers, poles and other supports of whatever
materials; together with braces, guys, anchors, cross -arms, cables, conduits, wires, conductors, manholes, trans-
formers and other fixture, devices and appurtenances used or useful in connection therewith, and full right and
authority to cut, remove,trim or otherwise control all trees, brush and other growth on or overhanging said
premises.
No buildings, structures, signs or wells shall be erected, placed or permitted to remain on, under or over said
premises. No other objects shall be erected, placed or permitted to remain on, under or over said premises which
will or may be an interference with the facilities constructed on said premises or an interference with the exercise
of any of the rights herein granted. Non-use or a limited use of this easement shall not prevent Grantee from
thereafter making use of this easement to the full extent herein authorized.
Grantee shall exercise the rights herein granted to it with due care, and all darn, age to the premises occurring
hereunder resulting from the failure to exercise due care shall be paid for or repaired at the expense of Grantee.
The provisions of this easement shall be binding upon and shall inure to the benefit of the heirs, executors,
administrators, personal representatives, successors and assigns of the((parties hereto.
Signed and delivered is /r� 4" day of m is:re +�
• CATHERINE J. WALL
l‹�%�'• ��°� aka S. EUNUNU H.
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The foregoing instrurE#ent was acknowledged fore me this
15 RA, by CA• THERINE
. WALL, aka .ARS. EDMUND H. ATKINSON
Witness my hand and
My commission expire
fficial seal.
ss.
day of
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SEAL
MARIE F. NU,NES
CALIFORNIA
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STATE OF COLORADO.
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COUNTY OF
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The foregoing instrument was acknowledged before me this..._........ day of.._
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My commission expires
STATE OF
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Notary Public
Address
COUNTY OF
The foregoing instrument was acknowledged before me this day of_.._
19 , by
Witness my hand and official seal.
My commission expires
Notary Public
Address
STATE OF COLORADO
88.
County of
The foregoing instrument was acknowledged before me this day of
19 ..., by as President and
as Secretary of
a corporation.
Witness my hand and official seal.
My commission expires
Notary Public
Address
•
RECEIPT AND OPTION
Virginia
Hanover County , Colorado, This c79 day of',4, A_ , 1986
550 15th St., Denver, Colorado 80202
RECEIVED OF Public Service Company of Colorado, a Colorado corporation, the sum of
Two Thousand and No/100 Dollars,
as part payment for the Easement described on the "EASEMENT" attached hereto. The
entire price to be paid for said above described Easement is $ 21,000.00
iLk
( Twenty OneTHousand Dollars), and it is to be paid by
check on closing.
It is expres
possession from and of
ly agreed that the Grantee shall have the right of immediate
er the date of execution of this Receipt and Option, together
with full rights to construct and install its electric facilities on the premises
descr.i•ed on the "Easement" attached hereto.
Grantor agrees to execute and deliver to the said Public Service Company Mr
attached hereto and -.nade apart hereof as Exhibit"A"
of Colorado or assigns the attachcd EASEMENT'Ion or before the 10th day
of December , 19 86 , provided, however, that the payment of
$ 19,000.00 is tendered or paid on or before said
date. If the said payment is not paid or tendered on or before the said date then
this contract to be void and of no effect and both parties released from all obliga-
tions herein, and the aid $ 2,000.00 paid on this date is to be
held by Grantor as liq 'dated damages.
The provisio s hereof shall inure to the benefit of and be binding upon
the parties hereto and their heirs, executors, administrators, ;successors and
asE1gn..
ATTEST:
By:
Assistant Secretary
STATE OF COLORADO VIRGINIA
)
)ss.
COUNTY OF Hanover
Grantor:
MOBIL OIL CORPORATION P.O. Box 26683
Richmond, VA 23261
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This instrument was acknowledged before me thisc,.7'2f day of Atri,--na-t-c--
19a , by . �i � as
Attorney -In -Fact of MobL1 Oil Corporation
Witness my hand and official seal.
My commission expires „:„,:?1,4(. /4M)
Notary Public
METHOD OF PAYMENT
NAME OF LINE
Forn cod 340-10.1799
Reced at o'clock .M.
•
Reception No. Recorder
EASEMENT
MOBIL OIL CORPORATION, a New York corporation, P,O, Box 26683
Richmond, Virginia 23261 -
Grantor, in consideration of Ten Dollars ($10) and other good and valuable consideration to Grantor in hand
paid by PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, 550 15th Street, Denver, Colo-
rado 80202, Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, conveys and
confirms unto Grantee, its successors and assigns, a perpetual easement for the transmission, distribution, or
both., of electricity and fOrI'the transmission of communication signals on, over, under and across the following
described premises located in the County of Garfi el d
, State of Colorado, to -wit:
An easement lying in the SW/ of Section 16; the SE/ of Section 17; the Ni
of Section 201 all in Township 6 South, Range 92 West and the NEa of
Section 19, Township 6 South, Range 93 West of the 6th Principal Meridian,
all in Garfield County, Colorado more particularly described on Exhibit
"A" attached hereto and made a part hereof.
Together with full right and authority to Grantee, its successors, licensees, lessees, contractors or assigns, and its
and their agents and employees to enter at all times upon said premises to survey, corstruct, repair, remove, replace,
reoonstruct, patrol, inspect, improve, enlarge and maintain electric transmission and distribution lines and com-
munication facilities, both overhead and underground, including towers, poles and other supports of whatever
materials; together with braces, guys, anchors, cross -arms, cables, conduits, wiresconductors, manholes, trans-
formers and other fixtures, devices and appurtenances used or useful in connection therewith, and full right and
authority to cut, remove, trim or otherwise control all trees, brush and other growth on or overhanging said
premises. except irrigation ditches and fences
No buildings, structures, signs or ;;;1T -Ys be erected, placed or permitted to remain on, under or over said
premises. No other objects shall be erected, placed or permitted to remain on, under or over said premises which
will or may be an interference with the facilities constructed on said premises or an interference with the exercise
of any of the rights herein granted. Non-use or a limited use of this easement shall not prevent Grantee from
th reafter making use of this easement to the full extent herein authorized.
Grantee shall exercise the rights herein granted to it with due care, and all damage to the premises occurring
hereunder resulting from the failure to exercise due care shall be paid for or repaired at the expense of Grantee.
The provisions of this easement shall be binding upon and shall inure to the tenefit of the heirs, executors,
administrators, personal representatives, successors and assigns of the parties heret).
Signed and delivered
ATTEST:
this
By:
Title
•oN auawna0Q
4Wt-
day of , 19
MOBIL OIL CORRORAT:ON. a New York corporation
By:
Ti tie
Assistant Secretary AtIorney-In fact
STATE OF COLORADO,
CWUNTY OF
19
The foregoing instrui
by
SS.
Hent was acknowledged before me this day of
Witness my hand and official seal.
My commission expires
Exhibit "A"
To Receipt and Option
of 2a Day of,Se .19 4'
By and Between Mobil Oil Corporation
and Public Service Company of Color -ad'
Initialled for Identification ,YN 41,
MOC
Notary Public
Address
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COUNTY OF
The foregoing instrument was acknowledged before me this day of
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Witness my hand and official seal.
My commission expires
Notary Public
Address
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of....
19 , by
Witness my hand and official seal.
My commission expires
Notary Public
Address
VIRGINIA
STATE OF COLORADO
Hanover
County
of "'+ as.
The foregoing instrument was acknowledged before me this day of
19 by as President and
Attorney—In—Fact as Secretary of
of Mobil Oil Corporation
a corporation.
Witness my hand and official seal.
My commission expires
Notary Public
Address
Exhibit "A"
To Easement •
of Day of 19
By and Between Mobil Oil Corporation and
Public Service Company of Colorado
Initialled for Identification
MOC
Parcel A
A parcel of land lying in the SWI of Section 16, Township 6 South, Range 92
West of the 6th Principal Meridian, County of Garfield, State of Colorado,
more particularly described as follows: An easement 75.0 feet wide being
25.0 feet on the northerly side and 50.0 feet on the southerly side of the
following described centerline beginning at a point on the West boundary
line of said Section 16 and 234.3 feet North of the Southwest Corner of
said Section 16, thence N.82°25'E. a distance of 156.4 feet, more or less,
to a point on the West boundary line of the Public Service Company of
Colorado property described in Book 377 at Page 178. Said easement is
parallel with and adjacent to that certain easement recorded in Book 319 at
Page 459 of the Garfield County records.
Parcel B
A parcel of land lying in the SEQ of Section 17, Township 6 South, Range 92
West of the 6th Principal Meridian, County of Garfield, State of Colorado,
more particularly described as follows: An easement 75.0 feet wide being
25.0 feet on the northerly side and 50.0 feet on the southerly side of the
following described centerline beginning at a point on the East boundary
line of said Section 17 and 234.3 feet North of the Southeast Corner of
said Section 17, thence S.82°25'W. a distance of 1729 feet, more or less,
to the South boundary line of said Section 17. Said easement is parallel
with and adjacent to the certain easement recorded in Book 319 at Page 459
of the Garfield County records.
Parcel C
A parcel of land lying in the NI of Section 20, Township 6 South, Range 92
West of the 6th Principal Meridian, County of Garfield, State of Colorado,
more particularly described as follows: An easement 75.0 feet wide being
25.0 feet on the northerly side and 50.0 feet on the southerly side of the
following described centerline beginning at a point on the North boundary
line and 3568.32 feet East of the Northwest Corner of said Section 20,
thence S.82°25'W. a distance of 3600 feet, more or less, to the West
boundary line of said Section 20. Said easement is parallel with and
adjacent to that certain easement recorded in Book 319 at Page 459 of the
Garfield County records.
Parcel D
A parcel of land lying in the NEQ of Section 19, Township 6 South, Range 93
West of the 6th Principal Meridian, County of Garfield, State of Colorado,
more particularly described as follows: An easement 75.0 feet wide being
25.0 feet on the northerly side and 50.0 feet on 'the southerly side of the
following described centerline beginning at a point on the East boundary
line and 495.7 feet South of the Northeast Corner of said Section 19,
thence S.82°25'W. a distance of 2680 feet, more or less, to the West
boundary line of said NEi of Section 19.
8305W
EASEMENT EXHIBIT
MMRI
EXHIBIT " B
TO Easement
OF DAY OF 19' _
BY AND BETWEEN Mobil Oil Corporation
AND public Service
Company of Colorado
Mobil Oil Corporation
CDSF 1810
Grantor and Public Service Company of Colorado
Grantee, hereby agree, notwithstanding anything to the
contrary hereinabove in said Easement
hereinafter referred to as Easement that:
1. CONFLICT. In the event of conflict between the provisions of this
Exhibit and the Easement to which it is attached then the provisions
of this Exhibit shall prevail.
2. TITLE. Grantor's grant to Grantee of the Easement is made subject to
any and all existing easements, rights-of-way, liens, agreements,
burdens, encumbrances, restrictions and defects in title affecting
the Easement or the Easement Land. Grantor gives no warranties and
makes no representations, express or implied, with respect to title
to the Easement Land or the Easement.
3. TERMINATION. The entire Easement or any portion thereof shall
terminate upon the occurrence of any one of the following events:
a. The Easement or any part thereof ceases to be used for the
purposes for which it is granted for a period of twelve (12)
consecutive months; or
b. Grantee fails to maintain in operating condition and/or conduct
its operations on the Easement for a period of twelve (12)
consecutive months; or
c. Grantee breaches any of the terms or conditions hereof and the
failure of Grantee to remedy the same within one hundred twenty
(120) days after written notice from Grantor to do so; or
d. Mutual agreement of the parties.
Upon the termination as to all or a portion of the Easement of the
rights hereby granted, Grantee shall execute and deliver in a form
acceptable to Grantor a good and sufficient quitclaim deed to the
terminated portion within thirty (30) days.
After termination of all or a portion of the Easement, Grantee's
obligations as delineated in paragraphs 4, 6, 7, 13, 14 and 18 shall
survive such termination.
4. REMOVAL. Upon the termination of all or a portion of the Easement,
Grantee shall remove from that portion of the Easement Land all
improvements, fixtures, personal property and materials placed
thereon by or for Grantee in exercising the rights granted herein,
and restore said premises as nearly as possible to the same state and
condition they were in at the time of execution of this Easement;
said removal and restoration to be completed within 120 days of
termination. Should Grantee fail to meet the obligations of this
paragraph within 120 days of termination, Grantor may perform these
obligations at any time thereafter at the risk of Grantee and Grantee
will be liable for all costs and expenses incurred by the Grantor in
so doing.
5. BREACH. The failure on the part of either party to take any action
against the other party by reason of any particular breach of the
terms or conditions of this Easement shall not be deemed a waiver of
the continuation of such breach or of any other or subsequent breach.
6. LAWS AND REGULATIONS. Grantee agrees to comply with all applicable
federal, state and local laws and regulations with respect to its
operations hereunder.
7. TAXES, ASSESSMENTS, LIENS. Whether or not separately assessed
against it, Grantee shall and will pay, before same become
delinquent, all liens, charges, taxes, rates and assessments, subject
to the right to contest same, upon its Easement or against any
personal property or improvements placed by or for Grantee upon the
Easement Land. In no event shall Grantee permit its Easement to be
sold for any purpose, such sale being considered a breach of this
covenant and cause for termination. In the event any charges, taxes,
rates or assessments are not separately assessed, then Grantee will
reimburse Grantor promptly after written notice from Grantor of those
portions attributable to its Easement. Should Grantee fail to make
any payments pursuant to this paragraph, Grantor may make such
payments and Grantee must reimburse Grantor for all such payments.
8.
including any facility, improvements or equipment constru ed
thereon, or the operations of Grantee thereon, interferes h any
present or reasonably near-term operation of Grantor or y related
company, Grantee agrees to relocate such Easement ncluding any
facility, improvements or equipment to a location • nearby lands of
Grantor mutually agreeable to Grantee and Gra• or. Grantee retains
the right to relocate to other lands not ••ned by Grantor. At the
option of Grantor and in lieu of rel• ation, Grantee shall raise
electric transmission lines or othe improvements. If such Easement
is relocated on lands owned by G .ntor then Grantor agrees to furnish
an Easement to Grantee upon e same terms mutatis mutandis as used
herein. Any relocation •r raising will be completed by Grantee
within 180 days of wr' ten request by Grantor for such relocation or
raising and after such Grantee will restore the previous Easement
Land to the ame state and condition as existed prior to the
execution this Easement. Grantee will provide at the time of
reloca '•n Grantor with a quitclaim deed for the previous Easement
La , satisfactory to Grantor. All relocation or raising shall be at
9. ENTRY. Grantor further hereby grants to Grantee, for the duration of
the Easement, a nonexclusive right of entry for ingress to and egress
from the Easement Land for its employees, agents, and contractors
which is reasonable and necessary for Grantee to exercise the rights
granted herein. Such ingress and egress will be in a manner
agreeable to Grantor so that it will not interfere with the
operations of Grantor or other interest holders on the Easement Land
and will minimize the impact on adjacent lands. Grantee will repair
any damage to and maintain any roadway, crops or improvements used or
damaged in connection with its operations on the Easement Land.
10. GRANTORS' RESERVATION. This Easement grants surface rights only to
the Grantee and Grantor hereby reserves all rights and title not
expressly herein granted. Grantor reserves the right to grant
additional licenses, leases, easements and other conveyances covering
the Easement Land or adjacent lands or subsurface estates, and to
cultivate, use or occupy the Easement Land for purposes which will
not be an unreasonable interference with the rights herein granted to
Grantee or endanger any property of Grantee. This provision shall
not be construed to alter the rights of Grantor to determine the
necessity for relocation or raising.
11. GRANTEE OPERATIONS. Grantee shall, at its sole risk and expense,
conduct its operations on the Easement Land in a good and workmanlike
and safe manner in compliance with the regulations of all agencies
having jurisdiction, and shall not: use any herbicides, disturb any
archaeological or vegetative reference sites; locate explosive
charges or facilities on pipeline and other rights-of-way without
permission from the owner of the_right-of-way or on irrigation
ditches and drain tiles; leave any detonation wire, flag material and
lath stakes behind; leave behind any undetonated charges, leave gates
open or ajar, operate vehicles on ground sufficiently wet to leave
ruts and tracks; shoot explosives within 1000 feet of any domestic,
-2-
irrigatiostock water well; commit waste; b vegetation; set
fires; brialcoholic beverages, firearms or do on the Easement
Land; leave behind any litter. Grantee shall at its sole risk, cost,
and expense: limit vehicle traffic as per paragraph nine (9) and
follow substantially the same route in, out, over, and across the
Easement Land; limit vehicle speed to thirty (30) miles per hour or
less subject to road conditions; shall promptly fill in and plug all
test holes below 'plow depth or as otherwise specified by Grantor;
promptly reclaim (including reseeding, fertilizing and nurturing) all
surface disturbed in accordance with the regulations of all agencies
having jurisdiction and return the Easement Land as nearly as
possible to the same conditions as existed upon first entering said
Easement Land; restore the surface grade on all irrigated land
disturbed, report all oil, fuel and other spills to Grantor, remedy
as specified by Grantor and remove all hazardous substances and
conditions created by Grantee's operation; promptly report any fires
on Easement Land, use best efforts to suppress any fires; repair all
fences cut for access; replace all cattleguards and culverts damaged
by Grantee's operations; and comply with air quality regulations by
implementing dust suppression measures. Grantor reserves the right
to inspect Grantee's operations to assure compliance with all terms
and conditions of this Easement. Grantee shall survey in each corner
of the Easement Land and install a boundary monument thereon.
Grantee shall also at its sole risk, cost, and expense design and
construct all power lines contemplated herein by Grantee, so as to
minimize the impact of such power lines on raptors in accordance with
REA Bulletin 61-10 or with other suitable guidelines.
12. GRANTOR OPERATIONS. Grantor reserves the full use of the surface and
subsurface estates so long as such use does not unreasonably
interfere with the rights granted hereunder. The above limitation
does not preclude the right to construct roads for public use in
accordance with all applicable safety codes across said Easement Land
so long as said roads are a minimum of 20 feet from any structure and
appurtenances thereto. It shall be the intention of the Grantee to
allow Grantor, its contractors, licensees, agents, employees,
successors, lessees, invitees, and assigns a reasonable right to use
and have access across the Easement Land when and where such use
shall not unreasonably interfere with the rights of Grantee as
provided herein. This provision shall not be construed to alter the
rights of Grantor to determine the necessity for relocation or
raising.
13. GENERAL INDEMNITY. Grantee shall indemnify and hold Grantor and its
surface or subsurface lessees, licensees, easement holders, and other
grantees harmless against any and all liens, claims (including those
of Grantor and Grantee, their agents and employees), liability, loss,
damage, fines, judgments, and penalties, including reasonable costs,
attorney fees and settlements, which may rise out of or in connection
with the operations of Grantee under this Easement by reason of any
act or omission of Grantee, or any contractor, subcontractor, and
their agents, servants, employees, invitees, and licensees. Further,
to the extent that such is not contrary to law or public policy,
Grantee shall so indemnify Grantor against such liens, claims,
losses, damages, fines, judgments, and penalties whether or not
resulting from or contributed to by the negligence in any form,
whether sole, joint, or contributory of Grantor, or its
representatives, or any defect in or condition of the Easement Land,
or any materials furnished by or on behalf of Grantor.
14. DAMAGES. Grantee agrees to pay Grantor, within thirty (30) days of
Grantor's invoice therefor, the actual cash value or replacement cost
whichever is the greater, for all damages to growing crops, grass,
personal property, real property, and livestock of Grantor or its
surface or subsurface lessee, licensees, easement holders, and other
grantees on the Easement Land or on other land of Grantor, caused by
Grantee's operations thereon.
15. SUCCESSORS. The covenants and agreements herein contained shall be
deemed covenants running with the Easement Land, and shall extend to
the benefit and be binding on the successors and assigns of the
Grantor and Grantee.
3
16. TITLE. Grantee hereby recognizes Grantor's title and interest in and
to the land over which the aforesaid Easement is hereby granted and
to adjacent land and agrees never to assail or resist Grantor's title
or interest therein by reason of any rights hereby granted.
17. NOTICE. All notices shall be deemed to have been properly given when
in writing, deposited in the United States mail, certified or
registered, postage paid, and addressed to the party at the addresses
set out above.
18. ATTORNEY'S FEES. In the event of any suit by Grantor against Grantee
to enforce any of the provisions hereof, and if Grantor prevails
therein, Grantee agrees to pay Grantor, in addition to any other
amounts payable, a reasonable attorney's fee to be fixed and allowed
by the court.
19. CONSIDERATION. The consideration due and payable hereunder shall
be Twenty One Thousand & 00/100
($ 21000.00 ) Dollars, payable in advance by certified check, on
or before the effective date of this Easement. Payment shall be made
to Grantor at the address set forth above.
20. HEADINGS. The headings for each provision herein are for references
only and are not intended by the parties to be used in interpreting
the associated provision.
21. ASSIGNMENT. Grantee may not assign any portion of this Easement, or
the rights or duties created herein, without the prior written
consent of Grantor, which consent will not be unreasonably withheld.
Any assignment by Grantee without the prior written consent of
Grantor is void. No assignment will relieve Grantee of its
obligations created herein, unless such obligations are expressly
assumed in writing and actually performed.
22. ENTIRE AGREEMENT. This Agreement contains the entire agreement
between the parties covering the subject matter hereof. No
modifications, waiver or amendments of or to any provisions hereof
shall be valid unless in writing and signed by the parties.
INITIALLED FOR IDENTIFICATION
1026c
MOC PSCC
-4-
n and
16. TITLE. Grantee hereby recognizes Grantor's title and interest
in and
to the land over which the aforesaid Easement is hereby g
to adjacent land and agrees never to assail or resist Grantor's title
or interest therein by reason of any rights hereby granted.
17. NOTICE. All notices shall be deemed to have been properly given when
in writing, deposited in the United States mail, certified or
•registered, postage paid, and addressed to the party at the addresses
set out above.
18. ATTORNEY'S FEES. In the event of any suit by Grantor against Grantee
to enforce any of the provisions hereof, and if Grantor prevails
therein, Grantee agrees to pay Grantor, in addition to any other
amounts payable, a reasonable attorney's fee to be fixed and allowed
by the court.
19. CONSIDERATION. The consideration due and payable hereunder shall
be Twent One Thousand & 00/100
($ 21000.00 ) Dollars, payable in advance by certified check, on
or before the effective date of this Easement. Payment shall be made
to Grantor at the address set forth above.
20. HEADINGS. The headings for each provision herein are for references
only and are not intended by the parties to be used in interpreting
the associated provision.
21. ASSIGNMENT. Grantee may not assign any portion of this Easement, or
the rights or duties created herein, without the prior written
consent of Grantor, which consent will not beunreasonablyn ea ona l withheld.
of
Any assignment by Grantee without the prior
Grantor is void. No assignment will relieve Grantee of its
obligations created herein, unless such obligations are expressly
assumed in writing and actually performed.
22. ENTIRE AGREEMENT. This Agreement contains the entire agreement
between the parties covering the subject matter v,hereof hereofo
modifications, waiver or amendments of or to any p
shall be valid unless in writing and signed by the parties.
INITIALLED FOR IDENTIFICATION
1O26c
M0C
_ 4
PSCC
• •
EASEMENT
COGENERATION TECHNOLOGY AND DEVELOPMENT COMPANY, a
Colorado corporation, Grantor, in consideration of Ten Dollars
($10) and other good and valuable consideration to Grantor in
hand paid by PUBLIC SERVICE COMPANY OF COLORADO, a Colorado
corporation, 550 15th Street, Denver, Colorado 80202, Grantee,
the receipt whereof is hereby acknowledged, hereby grants,
bargains, sells, conveys and confirms unto Grantee, its
successors and assigns, a perpetual easement for the
transmission, distribution, or both, of electricity and for the
transmission of communication signals both, of electricity and
for the transmission of communication signals on, over, under
and across the following described premises located in Garfield
County, State of Colorado, to -wit:
POWERLINE EASEMENT - CTDC #1
A parcel of land situated in the N 1/2 of
Section 24, Township 6 South, Range 93 West
of the 6th Principal Meridian being more
particularly described as follows:
Beginning at the northeast corner of said
Section 24; thence S .00° 36' 55" E 923.00
feet along the east line of said Section 24
to the south right-of-way line of the
Public Service Company of Colorado power
line easement, thence S 82° 24' 25" W
2517.85 feet along said south right-of-way
line; thence N 07° 35' 35" W 190.34 feet;
thence N 60° 10' 30" W 1271.21 feet to
the True Point of Beginning; thence S 60°
10' 30" E 164.63 feet; thence S 82° 25'
17" W 299.05 feet; thence N 07° 34' 43" W
100.00 feet; thence N 82° 25' 17" E
168.27 feet to the True Point of Beginning,
containing 0.536 acres more or less.
Together with full right and authority to Grantee,
its successors, licenses, lessees, contractors or assigns, and
its and their agents and employees to enter at all times upon
said premises to survey, construct, repair, remove, replace,
reconstruct, patrol, inspect, improve, enlarge and maintain
electric transmission and distribution lines and communication
facilities, both overhead and underground, including towers,
poles 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, and
full right and authority to cut, remove, trim or otherwise
control all trees, brush and other growth on or overhanging
said premises.
• •
No buildings, structures, signs or wells shall be
erected, placed or permitted to remain on, under or over said
premises. No other objects shall be erected, placed or
permitted to remain on, under or orver said premises which will
or may be an interference with the facilities constructed on
said premises or an interference with the exercise of any of
the rights herein granted. In the event Grantee ceases to use
the Easement granted hereunder for the purposes described
herein, Grantee shall reconvey said Easement to Grantor, or
Grantor's designee, without cost.
Grantee shall exercise the rights herein granted to
it with due care, and all damage to the premises occurring
hereunder resulting from the failure to exercise due care shall
be paid for or repaired at the expense of Grantee.
The provisions of this Easement shall be binding upon
and shall inure to the benefit of the heirs, executors,
administrators, personal representatives, successors and
assigns of the parties hereto.
Signed and delivered this 16th day of October, 1986.
STATE OF UTAH )
ss.
COUNTY OF SALT LAKE )
COGENERATION TECHNOLOGY AND
DEVELOPMENT COMPANY
By:
Its: //2c`�
The foregoing instrument was acknowledged before me
this 16th day of October, 1986, by Robert\L. Wood, President of
Cogeneration Technology and Development Company.
0008h
ion expires: August 20, 1987.
David P. Hrschi - Notary Public
Residing at: Centerville, Utah
2-
• •
EASEMENT
COGENERATION TECHNOLOGY AND DEVELOPMENT COMPANY, a
Colorado corporation, Grantor, in consideration of Ten Dollars
($10) and other good and valuable consideration to Grantor in
hand paid by PUBLIC SERVICE COMPANY OF COLORADO, a Colorado
corporation, 550 15th Street, Denver, Colorado 80202, Grantee,
the receipt whereof is hereby acknowledged, hereby grants,
bargains, sells, conveys and confirms unto Grantee, its
successors and assigns, a perpetual easement for the
transmission, distribution, or both, of electricity and for the
transmission of communication signals both, of electricity and
for the transmission of communication signals on, over, under
and across the following described premises located in Garfield
County, State of Colorado, to -wit:
POWERLINE EASEMENT - CTDC #2
A parcel of land situated in the N 1/2 of
Section 24, Township 6 South, Range 93 West
of the 6th Principal Meridian being more
particularly described as follows:
Beginning at the northeast corner of said
Section 24; thence S 00° 36' 55" E 923.00
feet along the east line of said Section 24
to the south right-of-way line of the
Public Service Company of Colorado power
line easement, thence S 82° 24' 25" W
2517.85 feet along said south right-of-way
line; thence N 07° 35' 35" W 190.34 feet
to the True Point of Beginning; thence S
07° 35' 35" E 2.84 feet; thence S 82°
24' 25" W 100.00 feet; thence N 07° 35'
35" W 79.34 feet; thence S 600 10' 30" E
125.91 feet to the True Point of Beginning,
containing 0.094 acres more or less.
Together with full right and authority to Grantee,
its successors, licenses, lessees, contractors or assigns, and
its and their agents and employees to enter at all times upon
said premises to survey, construct, repair, remove, replace,
reconstruct, patrol, inspect, improve, enlarge and maintain
electric transmission and distribution lines and communication
facilities, both overhead and underground, including towers,
poles 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, and
full right and authority to cut, remove, trim or otherwise
control all trees, brush and other growth on or overhanging
said premises.
No buildings, structures, signs or wells shall be
erected, placed or permitted to remain on, under or over said
premises. No other objects shall be erected, placed or
permitted to remain on, under or orver said premises which will
or may be an interference with the facilities constructed on
said premises or an interference with the exercise of any of
the rights herein granted. In the event Grantee ceases to use
the Easement granted hereunder for the purposes described
herein, Grantee shall reconvey said Easement to Grantor, or
Grantor's designee, without cost.
Grantee shall exercise the rights herein granted to
it with due care, and all damage to the premises occurring
hereunder resulting from the failure to exercise due care shall
be paid for or repaired at the expense of Grantee.
The provisions of this Easement shall be binding upon
and shall inure to the benefit of the heirs, executors,
administrators, personal representatives, successors and
assigns of the parties hereto.
Signed and delivered this 16th day of October, 1986.
STATE OF UTAH )
COUNTY OF SALT LAKE )
ss.
COGENERATION TECHNOLOGY AND
DEVELOPMENT COMPANY
By:
Its: 1%74 -
The foregoing instrument was acknowledged before me
this 16th day of October, 1986, by Robert\L. Wood, President of
Cogeneration Technology and Development Company.
0009h
My =•pa. ion expires: August 20, 1987.
David P. Hi _chi Notary Public
Residing at: Centerville, Utah
- 2 -
• •
ASSIGNMENT OF EASEMENTS
COGENERATION TECHNOLOGY AND DEVELOPMENT COMPANY, a
Colorado corporation ("Assignor"), for good and valuable consi-
deration, the receipt and adequacy of which are hereby acknow-
ledged, hereby assigns and quit claims unto PUBLIC SERVICE
COMPANY OF COLORADO, a Colorado corporation ("Assignee"), those
certain Easements (the "Easements") dated September 23, 1986,
and recorded September 24, 1986, as Reception Nos. 374747 and
374748 in the official real property records of the Garfield
County Recorder's office, Garfield County, Colorado, copies of
which Easements are attached hereto as Exhibits A and B and by
this reference made a part hereof.
Assignor, for the consideration heretofore stated,
hereby assigns and quit claims unto Assignee that certain
Easement described as Power Line Easemenet #1 contained in
Exhibit "B" attached to that certain Amended Warranty Deed
dated August 7, 1986 and recorded Auguest 13, 1986 in Book 693
• •
at page 320, as Reception No. 373439 in the records of the
Garfield County Recorder, as amended by that certain Quit Claim
Deed dated September 23, 1986, recorded September 24, 1986 in
Book 695 at page 653, as Reception No. 374745 in the records of
the Garfield County Recorder, the description of which Ease-
ment, as amended by said Quit Claim Deed is attached hereto as
Exhibit "C" and by this reference made a part hereof.
Assignor hereby represents that the Easements being
assigned hereunder are in full force and effect as of the date
hereof and are assignable as herein provided.
By acceptance of this assignment Assignee hereby
covenants that (1) it will use said Easements for the purposes
stated therein, and (2) it will save and hold harmless Assignor
of and from all actions, suits, costs, claims, demands and
fees, including attorneys' fees, whatsoever arising by reason
of any negligent act or omission of Assignee in the occupation
or use of the Easements assigned hereunder save for any negli-
gent act of Assignor.
In the event Assignee ceases to use the Easements
assigned hereunder for the purposes described therein, Assignee
agrees to reconvey and reassign said Easements to Assignor, or
Assignor's designee, without cost.
• •
IN WITNESS WHEREOF, said Assignor and Assignee have
executed this Assignment this %.'-'day of October, 1986.
ASSIGNOR:
COGENERATION TECHNOLOGY AND
DEVELOPMENT COMPANY
By
Its P12-z.S.
ASSIGNEE:
PUBLIC SERVICE COMPANY
OF COLORADO
APPIVVED
PiIA EXECUTION
cs&G
/41
• •
STATE OF UTAH )
:ss
COUNTY OF SALT LAKE
On the 16th day of October, 1986, personally appeared
before me, Robert\L. Wood, the President of Cogeneration
Technology and Development Company, who duly acknowledged to me
that the foregoing instrument was signed by authority of the
bylaws of said coproration or by authority of a resolution duly
adopted by the Board of Directors of said corporation, and said
Robert\L. Wood duly acknowledged to me that said corporation
executed
My C
Cl
A96`) EPATtki7
Zo
1
STATE OF COLORADO
:ss
COUNTY OF DENVER
NOTARY PU:LI
Residing at
On the /"..774t' day of October, 1986, personally
appeared before me, T. Ke r
the V`rc.r-. - (C)rS,dFn-E- of Public Service Company of
Colorado, who duly acknowledged to me that the foregoing
instrument was signed by authority of the bylaws of said
coproration or by authority of a resolution duly adopted by the
Board of Directors of said corporation, and
said.K. Lk_lt� r- duly acknowledged to me that said
corporation executed the same.
My Commission Expires:
0003h
C21,1-47
pUB�`(^,
Residing at: 6-90q
v e p
4
• •
EXHIBIT A
EASEMENT
Reception No. 374747
ti+�`'�iJ, r''Lra�r,h gitc{I`t?1Ke .batt 'Z',
• �''y�.+.4:Y� i rC�j'A,i-.��i '>L ��: f.:r
•
Recorded at J; ° a o'clock ' M SEP 2 4 1966
w
Reception No. 371
' 717 MILD;IED ALSDCRF, RECORDER
G .I:FIctD COU;,TY, COLORADO
EASEMENT
p.,.! G95 !!,:(661
THIS EASEMENT is made this <3 day of September,
1986, from RIFLE LAND ASSOCIATES, LTD., a limited partnership
organized and existing under the laws of the State of
Colorado, with its principal office at 1255 First National
Bank Building, Denver, Colorado 80293 ("Rifle Land"), to
COGENERATION TECHNOLOGY AND DEVELOPMENT COMPANY, a corporation
organized and existing under the laws of the State of
Colorado, with its offices at 200 East South Temple, Salt Lake
City, Utah 84111 ("CTDC").
Recitals
_ _ y• A. Pursuant to an Amended Warranty • Deed dated August 7,
1986, and recorded August 13 1
:.. " g 986 in Book 693, at Page 320-
326 as Reception No, 373439 in the real property records of
Garfield County, Colorado, Rifle Land conveyed to CTDC
f u� (i) certain real property located in the County of Garfield,
State of Colorado, and (ii) certain easements across real
.... _ . ',fit, • ''� _ !,� .
"yam . r .,
•
Vit._ r,.�•;�, -% .;;:. ;.� .�,
c354.5—
property located in the County of Garfield, State of Colorado,
for the development, construction and operation of an electric
power cogeneration facility and the construction and
maintenance of power lines appurtenant thereto.
B. Subsequent to the conveyance of the certain easements
from Rifle Land to CTDC for construction and maintenance of
st ts:Y f.x :i ^!"�:? ►— ^.r * . ,:�i,'N`� �'.% yt
•z .. x rg's.r.r . ,`.' •1- L
\\rP�s..li-�.•.;I "1,?' o/'C:{V1 �,7%�s.`Y.-;t41-!..`44.-';-'4-(,Z;;:;
,'� =.'w^'
r
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.tor �%n4F.•,�
•
.'.4
N ^r Gft) rr ,EGG2
the power lines, certain circumstances have necessitated
relocation of the power lines.
C. Rifle Land desires to enter into this agreement for
the purpose of granting CTDC additional easements to
accommodate the relocation of the power lines,
NOW, THEREFORE, in consideration of ten dollars ($10.00)
and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Rifle Land
GRANTS, CONVEYS, SELLS AND ASSIGNS to CTDC a permanent non—
exclusive EASEMENT unto and across the real property described
in Exhibit A, attached hereto and by this reference made a
part hereof, for the construction, operation, maintenance,
>;! removal and/or replacement of a power line or power lines and
all necessary structures appurtenant thereto and all
activities and operations incidental thereto.
•3.
IN WITNESS WHEREOF, Rifle Land has caused this instrument
to be executed by its duly authorized general partner this
.23 'day of September, 1986.
RIFLE LAND ASSOCIATES, LTD.
—2—
Robert E. Chancellor
Its General Partner
J.!v�. R,rN i?'1 `L�..�•.se�: �f7�': e.►:t'.,v r:' �!!:'+i!i-FC �` w �•.:7 ;,•
•
•
'p— ? s�J.:Ft •:Mf: i : ; tT�+} .9:'..4.4.1.. 7.:{y. „�!!Yx f .'1.'7: +i <. 1L +�- ie 1, r t i' , P ,
- Ss � ��o �j'ki. �::'�:� 1"t' Yt:7lj•��.fiF:.�}t� ���` J r �!r i•�-i Y Y�1. �:�ii
STATE OF COLORADO
SS.
COUNTY OF DENVER
695 reE663
Robert E. Chancellor, as general partner for. Rifle
Land Associates, Ltd., appeared before me this "J -;qday of
September, 1986, and subscribed the,above Easent.
�' �.; �: `�•�;1� 3 !tom' -fir! i'4'_
4. , •
;.j.SEAL1_4'' . ..
i;F,.c •, My
41.
f.=
•
•
CZEI�•C'� •.�i f C72%
Notary Public 'i"
Address 621 • I7th STREET, SUITE 125
OENVCR, CO! .C. ;DO 80293
commission expires %,a4.57-' /X; /7.1
-3-
i� "fir ?�?}�'7 •'�� !l{�• ri:= il�.?:y d: :5�t ii%�-;�_1.i."r_\ t srihn1
�` • � ...Y`M� �' k i f '�:.1 ' f 4 ali::i ✓GF, ir: :�.• yr:[+F;Y .7—,"�lM a...l"!�,"i �i i:'t!�'(.►: �J
•
�a sc ' .7 .
Exhibit A
•
E'"r 695 r,,E6f4
A PARCEL OF LAND SITUATED in the North One -Half ,(N1/2) of
Section 24, Township 6 South, Range 93 West (T. 6 5.,
R. 93 W.) of the Sixth Principal Meridian (6th P.M.), being
more particularly described as follows:
Beginning at the"Northeast corner of said Section 24; thence
S. 00 degrees 36' 55" E. 923.00 feet along the East line of
said Section 24 to the South right-of-way line of the Public
Service Company of Colorado power line easement; thence
S. 82 degrees 24' 25" W. 2,517.85 feet along said South right-
of—way line to the True Point of Beginning; thence
S. 82 degrees 24' 25" W. 100.00 feet; thence N. 07 degrees
35' 35" W. 187.50 feet; thence N. 82 degrees 24' 25" E.
100.00 feet; thence S. 07 degrees 35' 35" E. 187.50 feet to
the True Point of Beginning.
•
EXHIBIT B
EASEMENT
Reception No. 374748
f'.`!��'f�.d,�'.�n`ii��:iv+s71�V2.�x�1•":..�.i.r•(y:a,..�y�c^jr}�"+7+�f.'�.�`w�i�j:��
• 1
�f:ir'v!•.''"f't==�f�` :.r!`'�:-41 :i y'"3r •a'J+': •iTi"' �• ��. itt: 4,_r 7t' a
��. •���.! �% J+�r�i:.a,•.. N• /v.,r }, }, a:..'!;'J%s.�l:•`�.:7iA4,ls�i`�•!(}u�}ll::t. ±.
+r '•�'. • �.ii+'S+�}ry;t{�!!] ; 7S per,- `�'��2��!i3iF•,�^1;%'
•�_....�•.�
Recorded at
Reception No
45,/,f()--
3116) o'clock An SEP 24 1986
3717 18 AL..DGRF, RECORDER
GARFIELD COUNTY, COLORADO
EASEMENT
t r 695 Hr.:!665
THIS EASEMENT is made this 2.5=/ ---day of September,
1986, from RIFLE LAND ASSOCIATES, LTD., a limited partnership
organized and existing under the laws of the State of
Colorado, with its principal office at 1255 First National
Bank Building, Denver, Colorado 80293 ("Rifle Land"), to
COGENERATION TECHNOLOGY AND DEVELOPMENT COMPANY, a corporation
organized and existing under the laws of the State of
Colorado, with its offices at 200 East South Temple, Salt Lake
City, Utah 84111 ("CTDC").
Recitals
A. Pursuant to an Amended Warranty Deed dated August 7,
1986, and recorded August 13, 1986 in Book 693, at Page 320-
326 as Reception
Garfield County,
(i) certain real
No. 373439 in the real property records of
Colorado, Rifle Land conveyed to CTDC
property located in the County of Garfield,
State of Colorado, and (ii) certain easements across real
property located in the County of Garfield, State of Colorado,
for the development, construction and operation of an electric
power cogeneration facility and the construction and
maintenance of power lines appurtenant thereto.
B. Subsequent to the conveyance of the certain easements
from Rifle Land to CTDC for construction and maintenance of
`a4�s.'�-�e�;:�sz9�''k ��•�`.f;��wkr�x.,j,,;tia 2`;.�t+ir��y$�t'F
•
•
:ri��b',6�.�:+d�rri•..t;�ax l?''s��:r�•:a;`";1:'i,'%'�!�:,YJi."l :N:.{,!.r :i .�+r':'..�7.i�t` •i �. �ay
YY4+i•.='li{d .[`.. :� =; i'r.:-:^'7 +t41:{'t :rflk:'f 1•N:" Lh.ir" 1-4t, (1.tn i 4r l
"=�'�;fr?►.ib^.,b�i�L•.�yk,?4S��.c,:ii'.wt� f �^a
•
•
• i.s i.0
►f7✓`
695 P:cEG6G
the power lines, certain circumstances have necessitated
relocation of the power lines.
C. Rifle Land desires to enter into this agreement for
the purpose of granting CTDC additional
accommodate the relocation of the power
NOW, THEREFORE, in consideration of
easements to
lines.
ten dollars ($10.00)
and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Rifle Land
GRANTS, CONVEYS, SELLS AND ASSIGNS to CTDC a permanent non-
exclusive EASEMENT unto and across the real property described
in Exhibit A, attached hereto and by this reference made a
part hereof, for the construction, operation, maintenance,
removal and/or replacement of a power line or power lines and
all necessary structures appurtenant thereto and all
activities and operations incidental thereto.
IN WITNESS WHEREOF, Rifle Land has caused this instrument
to be executed by its duly authorized general partner this
22 day of September, 1986.
RIFLE LAND ASSOCIATES, LTD.
By:
-2-
Robert E. Chancellor
Its General Partner
iiq'uv'"'C.1#-xi�rw�b:�=e'�.:A7'r�;�c+f° S�
- \ �. +1'�}.� � �.�/�r!?7":h��/t11��.*'\1�•"-.*:=r►:.y�'-; isf: r.,•>f �f:: i► s��..1'i;p�1.4 :'` /_ �.��•
. ,'+I.riY?i'-"{•�7w+�iw.'::'j' L ��/��%7: :�:rA� .�J'- -:c,'
1Ji:'0 +f',,4
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STATE OF COLORADO
COUNTY OF DENVER
ss.
Robert E. Chancellor, as general partner foD Rifle
Land Associates, Ltd., appeared before me this .t day of
September, 1986, and subscribed the/above Ease ent.
•
.,•[ SEAL ).
•
/Zererc
Notary Public
Address 621 - 17th STREET, SUITE 1255
DENVER, COLORADO 80293
commission expires
-3-
p!ri 667
•
•(FA'(i.RS;�'1
•
•
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Exhibit A
tr'r G9.5 P'qf GS
A PARCEL OF LAND SITUATED in the North One -Half (N1/2) of
Section 24, Township 6 South, Range 93 West (T. 6 S.,
R. 93 W.) of the Sixth Principal Meridian (6th P.M.), being
more particularly described as follows:
Beginning at the
S. 00 degrees 36
said Section 24
Service Company
Point of Beginni
feet along the s
07 degrees 35' 3
E. 2,638.67 feet
00 degrees 36' 5
the True Point o
Northeast c
' 55" E. 923
to the South
of Colorado
ng; thence S
aid South ri
5" E. 75.00
to said Eas
5" W. 75.56
f Beginning.
orner of said Section 24; thence
.00 feet along the East line of
right-of-way line of the Public
power line easement, the True
. 82 degrees 24' 25" W. 2,647.85
ght-of-way line; thence 5.
feet; thence N. 82 degrees 24' 25"
t line of Section 24; thence N.
feet along said Section line to
A-1
• •
EXHIBIT "C"
POWER LINE EASEMENT #1
A permanent nonexclusive easement for the construction, operation, and
maintenance of a single power line and all necessary appurtenant struc-
tures and all rights incidental thereto. Said easement is described as
follows:
A PARCEL OF LAND SITUATED in the North One-half (N1/2) of Section 24,
Township 6 South, Range 93 West (T. 6 S., R. 93 W.) of the Sixth Princi-
pal Meridian (6th P.M.) Garfield County, Colorado; more particularly
described as follows:
Beginning at the Northwest Corner of said N1/2 of Section 24; thence
S. 00°03'39" E. along the west line of said N1/2 a distance of
1,424.33 feet; thence N. 82024'25" E. a distance of 2,788.58 feet
to the Point of Beginning, said point being the intersection of the
centerline of the Western Area Powerline Easemenet with the center-
line of the Mountain Fuel Gas Line Easement; thence S. 60°10'30"
E. along said gas line easement a distance of 308.58 feet to the
southerly right of way line of the Public Service Company of
Colorado power line; thence N. 82024'25" E. along said right of
way a distance of 164.57 feet; thence N. 60°10'30" W. a distance
of 1,653.66 feet to the easterly property line of a parcel of land
described at Page 320, Book 639, Reception Number 373439 of the
Clerk and Recorder's Office of Garfield County; thence S.
14°21'14" W. along said property line a distance of 103.76 feet to
a property corner of said parcel, being the intersection of said
easterly property line with the centerline of said gas line ease-
ment; thence S. 60°10'30" E. along a property line of said parcel
a distance of 1,186.69 feet to the True Point of Beginning; contain-
ing 3.615 acres, more or less.
EXCEPTING THEREFROM THE FOLLOWING:
A PARCEL OF LAND SITUATED in the North One-half (N1/2) of Section 24,
Township 6 South, Range 93 West (T. 6S., R. 93W.) of the Sixth Principal
Meridian (6th P.M.), Garfield County, Colorado; more particularly
described as follows:
Beginning at the Northwest Corner of said N1/2 of Section 24; thence
S. 00003'39"E. along the west line of said N1/2 a distance of
1,424.33 feet; thence N. 82°24'25" E. a distance of 2,788.58 feet
to the True Point of Beginning, said point being the intersection of
the centerline of the Western Area Powerline Ease- ment with the
centerline of the Mountain Fuel Gas Line Easemenet; thence S.
60010'30" E. along said gas line centerline a distance of 308.58
feet to the southerly right-of-way line of the Public Service
Company of Colorado power line; thence N. 82024'25" E. along said
right-of-way a distance of 164.57 feet; thence N. 60°10'30" W. a
distance of 520.45 feet; thence S. 7°35'35" E. a distance of
125.91 feet; thence S. 60°10'30" E. a distance of 4.67 feet to the
True point of Beginning, containing 0.957 acres more or less.
it/W Agent
,MFTIIOI) or PAVMFNT
OP' LIrIE
Form (D) 340-10-1799
Recd at o'clock .M.
Reception No. Recorder
EASEMENT
CATHERINE J. WALL aka MRS. EDMUND H. ATKINSON
Grantor, in consideration of Ten Dollars ($10) and other good and valuable consideration to Grantor in hand
paid by PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, 550 15th Street, Denver, Colo-
rado 80202, Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, conveys and
confirms unto Grantee, its successors and assigns, a perpetual easement for the transmission, distribution, or
both, of electricity and for the transmission of communication signals on, over, under and across the following
describedremises located in the County of
Garfield , State of Colorado, to -wit:
A parcel of land lying in Lot 1, Section 19, Township 6 South,
Range 92 West of the 6th Principal Meridian, County of Garfield,
State of Colorado, more particularly described as follows: an
easement 75.0 feet in width being 25.0 feet on the northerly side
and 50.0 feet on the southerly side of a centerline beginning at
a point on the West boundary line of said Section 19, said point
being 956.66 feet south of the Northwest Corner of said Section
19; thence N.82°24'45"E. a distance of 1643.0 feet, more or less,
to a point on the East boundary line of said Lot 1.
Contains 2.828 acres.
Together with full right and authority to Grantee, its successors, licensees, lessees, contractors or assigns, and its
and their agents and employees to enter at all times upon said premises to survey, construct, repair, remove, replace,
reconstruct, patrol, inspect, improve, enlarge and maintain electric transmission and distribution lines and com-
munication facilities, both overhead and underground, including towers, poles and other supports of whatever
materials; together with braces, guys, anchors, cross -arms, cables, conduits, wires, conductors, manholes, trans-
formers and other fixtures, devices and appurtenances used or useful in connection therewith, and full right and
authority to cut, remove, trim or otherwise control all trees, brush and other growth on or overhanging said
premises.
No buildings, structures, signs or wells shall be erected, placed or permitted to remain on, under or over said
premises. No other objects shall be erected, placed or permitted to remain on, under or over said premises which
will or may be an interference with the facilities constructed on said premises or an interference with the exercise
of any of the rights herein granted. Non-use or a limited use of this easement shall not prevent Grantee from
thereafter making use of this easement to the full extent herein authorized.
Grantee shall exercise the rights herein granted to it with due care, and all damage to the premises occurring
hereunder resulting from the failure to exercise due care shall be paid for or repaired at the expense of Grantee.
The provisions of this easement shall be binding upon and shall inure to the benefit of the heirs, executors,
administrators, personal representatives, successors and assigns of the parties hereto.
Signed and delivered this day of 3 vvi b•Pr-- , 19 S G
CATHERINE J. WALL
piAL 4<_r2 a a 4. I II I •
Q " I VIII4
CAZIFORNIAN,
AL -72.
ATEy4F XX
/ % . .. J OUNTY OF (41_ ....".
The foregoing instrument was acknowledged fore me this �GX day ofr`?1JJ.J
19 86,by CATHERINE J. WALL, aka MRS. EDMUND H. ATKINSON
Witness my hand and official seal.
My commission expires
SS.
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I hereby certify that this instrument was
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COUNTY OF
The foregoing instrument was acknowledged before me this day of....
19.. , by
Witness my hand and official seal.
My commission expires
1N3W3SV3
Notary Public
Address
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of.
19........, by
Witness my hand and official seal.
My commission expires...
Notary Public
Address
STATE OF COLORADO
ss.
County of
The foregoing instrument was acknowledged before me this day of
19 by as President and
as Secretary of
a corporation.
Witness my hand and official seal.
My commission expires
Notary Public
Address