HomeMy WebLinkAbout2007 Ordinance No. 024•
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ORDINANCE NCtJ,f
SERIES OF 2007 --
BY AUTHORITY
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CONTRACT. No, / l J. ~
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COUNCIL BILL NO. 26
INTRODUCED BY COUNCIL
MEMBER TOMASSO
AN ORDINANCE AUTHORIZING A "PURCHASE AND SALE AGREEMENT" BETWEEN
XCEL ENERGY AND THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Englewood City Council authori,~ a capital appropriation of $44,000 in the
2004 Budget for acquisition of the propeny located at 2150 South Wyandot Street from Xcel
Energy; and
WHEREAS , the appropriation was to acquire this propert y consisting of approximately I acre,
for parking required for the future development on a new animal shelter by the Colorado Humane
Societ y (CHS) on adjacent property, owned by CHS; and
WHEREAS, the passage of this proposed ordinance authorizes the acquisition of the property
from Xce l Energy and will provide parking for the new Colorado Humane Society (CHS) new
animal shelter;
NOW, THEREFORE , BE IT ORDAINED BY THE •'.:ITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS:
Section I. The "Purchase And Sale Agreement" between Excel Energy and the City of
Englewood , Colorado, anached as "Attachment I", is hereby accepted and approved by the
Englewood City Co unci l.
Section 2. Pursuant to Artir.le V, Section 40 of the Englewood Home Rule Charter, the Ci ty
Council ha s <let ermined thal this Ordinance shall be published by title because of its volume. A
copy is available in the Office of the Englewood City Clerk.
~-The Mayor is authorized 10 execute and the City Clerk 10 alle sl and seal the Purchase
And Sale Agreement for and on behalf of lhe Cily of Englewood, Colorado.
Introduced , rea d in full, and pas sed on first reading on the 16th day of April, 2007 .
Publi shed as a Bill fn, an Ordinance on the 20~ day of April, 2007.
Read by title and passed on final reading on the 7th day of May, 2007 .
Publi shed by title u Ordinance NoJ!/:., Series of 2007, on the 11th day of May, 2007.
I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the
above and forego ing is )I _que copy of the Ordinance passed on final reading and publishe.! by
title as Ordinance No .fl, Series of 2007.
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PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT ("Agreement") is made as of the Effective
Date, as defined below, by and between PUBLIC SERVICE COMPANY OF COLORADO, a
Colorado co'l'oration ("Seller"), and CITY OF ENGLEWOOD, a Home Rule municipal co'l'oration
("Purchaser").
Purchaser desires to purchase certain property owned by Seller, and Seller desi res to sell such
property to Purchaser pursuant to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and suffi cien cy of which
is hereby aclmowledged , Seller and Purchaser agree as follows:
Article I. Definitions .
The following terms shall have the meanings set forth below:
1.1 ~-This Agreement, including the following exhibits attached hereto and
hereby made a part hereof:
Exhibit A:
Exhibit II.
ExhibitC :
Exhibit D:
Lega l Description of the Pro perty
Property Access Agreement
Form of Special Warranty Deed
Title Company Receipt and Aclmowledgment
1.2 QQ.iing . Concurrently, the transfer of title to the Property to Purchaser, the payment to
· Se ller of the Purchase Price , and the performance by each party of the other obligations on its part then to
be performed, all in accordance with the article entitled "Closing".
1.3 Closing Date . The Closing shall occur on the first business day which is ten (10)
business days after the Indenture Release at the offices of Title Company or at such other place , date and
time as Seller and Purchaser may agree .
1.4 Commitment. The title insurance commitment with respect to tl1e Property described in
Section entitled "Ti tl e Evidence''.
1.5 Earnest Money . The earnest money deposit, together with any interest earned thereon,
made by Purchaser and held by Title Company described in the Article entitled "Purchase Price".
1.6 Effe ctive Date , The date on which both parties have executed a counterp a!'I of this
Agreement, the Earnest Money has been deposited with the Title Company, and the Title Com ,any has
aclmowledged receipt of a copy of the fu lly exec uted Agreement and the Earnest Money, in the form
attached hereto as Exhibit D.
1. 7 Feasibjlity Period . The time period commencing on the Effective Date and ending thirty
(30) days after the Effective Date.
1.8 ~-The real property located generally at 2150 W. Union Ave ., Englewood ,
Arapahoe Coun ty, Colorado, described on Exhibit A atta ched hereto.
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1.9 Pennjtted Exceptions . Those matters approved by Purchaser in accordance with the
Article entitled "Title Examination".
1.1 O Pyrchue Price . The Purchase Price shall be Forty-four Thousand US Dollars and no/I 00
(US $44 ,000.00).
1.11 ~-The survey of the Property described in the Section entitled "Title Evidence".
1.12 TjlJe Company . Stewart Title of Denver, SO S. Steele Street, Suite 600, Denver,
Colorado 80209 .
1.13 Tjtle Eyjdence . The survey and the title commitment and copies of exceptions with
respect to the Property described in Section entitled "Title Evidence".
1.14 Title Po1icy . The ALTA Owner 's P~iicy of Title Insurance to be issued pursuant to the
Title Commitment.
Article 2. Purchase and Sale .
Seller hereby agrees to sell, and Purchaser hereby agrees to purchase, upon and subject to the
terms and conditions hereinafter set forth , the Property .
Article 3. Purchase Price.
3.1 Manner of Payment. The Purchase Price shall be payable as follows :
3.1.J Ten Thousand Dollars and no/100 ($10,000.00) as Earnest Money, to be
deposited by Purchaser in escrow with Title Company upon mutual execution and delivery of this
Agreement to Title Company, held and disbursed pursuant to the terms of this Agreement. The Earnest
Money shall be non-refundable to Purchaser upon exp iration of the Feasibility Period, except as provided
in Articles entitled "Correction of Ti tle", "Feasibility Period", 11 Condenmation", 11 Indenturc Release ",
and "Default". The Earnest Money shall be paid by the Title Company to Seller at Closing, or upon any
termination of this Agreement, except as expressly provided herein . The Earnest Money will be credited
against the Purchase Price at Closing . Purchaser acknowledges that the non -refundable character of the
Earne st Money is to compensate Seller for its costs incurred in connecti on with this Agreement and its
lost opportunity co sts in taking the Property off the market.
Subject to Purchaser's right to terminnte this Agreement as provided in the
Articles entitled "Correction of Title", "Feasibility Period", "Condemnation'\ and "Default'', in the event
Purchaser fails to perform its obligations pursuant to this Agreement, Seller shall be entitled to terminate
this Agreement and recover the Earnest Muney as liquidated damages and not as penalty, in full
satisfaction of claims against Purchaser hereunder and as Seller's sole and exclusive remedy for such
fail ure . Seller and Purchaser agree that the Seller's damages resulting from . Purchaser's default are
difficult, if not impossible, to determine and the Earnest Money is a fair and reasonal>le estimate of those
damages which has been agreed to in an effort to cause the amount of said damages to be certain .
Accordingly, Purchaser and Seller agree that it would be reasonable in suoh event to award Seller
"liquidated damages" equal to the amount of the Earnest Money.
3. 1.2 The balance of the Purchase Price by csshier's check or federal wire transfer of
immediately available funds on the Closing Date .
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Article 4 Closjng .
4.1 Se))er 's C)osjng De]jyerjca , At Closing, subject to delivery by Purchaser of the Purchase
Price and performance of its other obliaation, under this Aareement, Seller shall execute, acknowledge
(where appropriate), and deliver to Purchaser the following, each dated as of the Closing Date:
4.1. I A Special Warranty Deed conveying to Purchaser the Property, subject to
Permitted Exceptions (the "Deed") substantially in the form attached hereto as Exhibit C reserving unto
Seller the Reserved Interest.
4.1.2 An affidavit of Seller regarding liens, judgments, tax liens, bankruptcies, parties
in posse ssion, mechanics ' or materialmens' liens and other matters affecting title to the Property in
customary form as may be reasonably required by Title Company to delete the so-called "standard
exceptions" from the Title Policy ,
4.1.3 All reasonable and customary documents and instruments which (a) Purchaser or
Title Company may reasonably determine are necessary to transfer the Property to Purchaser subject only
to the Permitted Exceptions, (b) Purchaser or Title Company may reasonably determine are necessary to
evi dence the authority of Seller to enter into and perform this Agreement and the documents and
instruments req uired to be executed and delivered by Seller pursuant to this Agreement, (c) Title
Company may require as a conditiQn to issuing the Title Policy or (d) may be required of Seller under
applicable law.
4.1.4 A settlement statement consistent with this Agreement.
4.2 Purchaser's C)osjng Deljverjes , At Closing, Purchaser shall cause the following to be
d".~ivered to Seller:
4.2.1 The Purchase Price less the Earnest Money, as adjusted pursuant to Section
entitled "Closing Adjustments", by cashier's check or by federal wire tr, fer of immediately available
funds . The Earnest Money shall be applied to and credited again ,· ,. Purchase Price and shall be
disburse d to Seller by Title Company at Closing.
4.2,2 All normal and customary documents and instruments, each executed and
acknowledged (where appropriate) by Purchaser, which (a) Seller or Title Company may reasonably
determine arc necessary to evidence the authority of Purchaser to enter into and perform this Agreement
and the documents and instruments required to be executed and delivered by Purchaser pursuant to this
Agreem ent, or (b) may be required of Purchaser under applicable law ,
4.2.3 A settlement statement consistent with this Agreement executed by Purchaser.
4.3 C!filin&.I·=· Purchaser and/or Seller at their option may deposit the respective
Closing deliveries described in the Sections entitled "Seller's Closing Deliveries " and "Purchaser's
Closing Deliveries" with Title Company with appropriate instructions for recording and disbursement
consistent with this Agreement.
4.4 C}osing Adiystments . The following adjustments shall be made at Closing :
4.4 .1 Seller represents that it is unit assessed and that real property taxes for the
Property cannot be prorated . Setter shaU pay when due an real property taxes for the Property imposed
for the period up to and including the date of Closing, and Purchaser ahaU be ruponaiblc for any reat
property taxes for the Property imposed after Closing . In the event Purchaser receives a tax bill for the
Property for some or an taxes due from Setter pursuant to this Agreement, Setter shaU remit the full
an,011nt of taxes due to Purchaser within twenty (20) days fottowing its receipt of the tax bill , In the
event Seller receives a tax bill for the Property for some or an taxes due from Purchaser pursuant to this
Agreement, Purchaser shall remit the full amount of taxes due lo Setter within twenty (20) days
following its receipt of the tax bill .
4.4 .2 Seller shaU pay in full all special assessm c'!lts which are due and payable prior lo
the Closing. Any other special asses sments (and charges in the nature of or in lieu of such assesamcnts)
levied, pending or constituting a lien with respect lo any of the Property of which Seller baa received
written notice prior to the Cl osing Date shaU be prorated as of the Closing Date, with Seller paying those
allocable to the period prio r to the Closing Dale and Purchaser being responsible for those allocable
subsequent thereto.
4.4 .3 Purchaser shall pay the documentary fee required in connection with the
recording of the Deed .
4.4.4 Seller shall pay the cost of recordi ng any documents necessary lo place record
title to the Property in Setter in the condition required pursuant to the Section entitled "Correction of
Title ". Purchaser will pay the cost of recording all o,her documents , including the Deed .
4.4.5 Setter will pay the premium for the Title Policy. Purthaser will pay the cost of
any lender's title insurance , any charge for the deletion of pre-printed exceptions, and any endorsements
desired by Purchaser or required by its lender.
4.4 .6 Seller and Purchaser shall each pay one half (1/2) of any escrow fee and/or
Closing fee payable lo Tille Company with respect to the tran saction contemplated by this Agreemen t.
4.4 .7 Except as provided in the Article entitled "Default", Seller and Purchaser shall
each pay its own attorneys' fees incurred in connection with this transaction .
4.5 ~-Seller shall deliver possession of the Property to Purchaser on the Closing
Date, subject to the Permitted Exceptions .
Article 5. Title Examination .
5.1 Title Evidence .
5.1.1 Within ten (10) business days after the Effective Date, Seller, al its sole cost,
shall furnish lo Purchaser a commitment to insure title lo the Property issued by Title Company in an
amount equal to the Purchaac Price and copies of all documents, instruments and matters shown as
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exceptions which arc recorded in the office of the clerk and recorder of the county in which the Property •
is located .
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5. J .2 Purchaser aclcnowledges receipt of a current survey of the Property, prepare,! and
certified by Sellards & Grigg, Inc . dated April 2004 and revised May 10, 2006. The survey shall be in
compliance with state regulations CRS 38-51-106 .
5.2 Purchaser's Objections and Regyjrcmenu . Purchaser shall be allowed thirty (30) days
after the Effective Date for examination thereof and making any objections to the form and/or content of
the same . Any objections not made within said thirty (30) day period shall be deemed to be waived by
Purchaser and shall be Permitted Exception s. Purchaser shall have an additional five (S) day period after
receipt in which to object to any revisions or endorsements to the Title Evidence as may be issued from
time to time .
5.3 Correction of Title . Seller shall be allow•d until the date that is five (5) business days
before the expiration of the end of the Feasibility Period 10 cure Pu rchaser's title objections and any tax
lien which wi ll not be prorated at Clo sing, but will be under no obligation to do so . If such cure is not
completed prior to the end of the Feasi bility Period, Purchaser shall ha ve the option to do any of the
following :
5.3 .1 Terminate this Agreement by giving written notice on or before the last day of
the Feasibility Peri od, whereupon both parties shall be released from all liabilities and obligations
here under, ex cept those whi ch expressly survive term ination, and the Earnest Money will be returned to
Purc haser.
• 5.3.2 Waive its objection(s) in writing and shall be deemed by Purchaser to be
Permitted Exceptions and proceed to Closing . If Purchaser does not timely give notice to terminate as
provided in Section 5.3. J above, it will be deemed to have waived its objections .
Article 6. Representations and Warranties.
6. I Seller's Representations and Warranties . Seller represents and warrants to Purchaser as
of the Effective Date of this Agreement as follows:
6.1.1 Seller has been duly organi ze d under the laws of the State of Colorado and has
the requisite power and authority to enter into and perform this Agreement and the documents and
instruments required to be executed and delivered by Seller pursuant hereto . Thi s Agreement has been
duly executed and delivered by Seller and ts a valid and binding obligation of Seller enforceable in
accordance with its terms . This Agreement and the documents and instruments :equired to be executed
and delivered by Seller pursuant hereto have each been (or prior to the Closin g date will be) duly
authorized by all necessary corporate action on the part of Seller and that such execution , delivery and
performP11ce does and will not conflict with or result in a violation of Seller 's articles of incorporation or
by-laws or any judgment, order or decree of rny court or arbiter to which Seller is a party , or any
agreement to which Seller and/or any of the Property is bound or subject.
6.1.2 Seller has not (i) made , general assignment for the benefit of creditors, (ii) filed
any involuntary petition in bankruptcy or suffered the filing of any involuntary petition by Seller's
creditors, (iii) suffered the appointment of a receiver to take possession of all or substantially all of
Seller 's assets, (iv) suffered the ttachment or other judicial seizure of all, or substantially all, of Seller 's
assets , (v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of
settlement, extension or composition to its creditors generally .
6.1.3 Seller has not entered into any contracts for the sele of any of the Property other
than this Agreement nor granted any options or rights of first refusal to any party with respect to the
Property .
6.1.4 There is no pending, or to the best of Seller's knowledge, threatened or
contemplated, litigation, investigation, arbitration, condemnation or other proceedings of an y kind
affecting the Property .
6.1.5 There arc no leases , non~governmcntal licenses , occupancy agreements, service
contracts or other contrncts with third parties relating to the Property, to which Seller is a party or of
which Seller has knowledge, that will survive the Closing .
6.1.6 To Seller's current actual knowledge, without investigation, there is no cond ition
existing with respect lo the Property or the operation thereof by Seller, or any part thereof, which violates
any law , rule , regulation , or"inance, code , other decree or ruling of any city, county, state or federal
government, agency or court. Seller has not received notice from any governm,nl~I or quasi-
governmental agency requiring the correction of any CJndilion with respect to the Property, or any part
thereof. Seller has not received notice of, anc has no other !mowledge or information of, any pending or
contemplated litigation or condemration action with resper.t to the Property, or any part thereof.
Notwith standing the foregoing provisions of this Section entitled "Seller's Representation s and
Warranties", Seller will not be dtemed to be in breach of this Agreement with respect to facts or
conditions which are the subject of the foregoing representations which are disclosed by Seller to
Purchaser or otherwise di scovered by Purchaser prior to the expiration of the Feasibility Period. Further,
notwithstanding a.~ything to the contrary herein, the liabili ty of Seller hereunder, if any, shall be limited
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to the Purchase Price of the Property. Subject to the foregoing, Seller's representations and warranties •
shall survive Closing , provided Seller shall have no liability witl1 respect to any breach of a particular
representation and warranty if Purchaser shall fail to give notice to Seller within a reasonable time after
discovery and to commence an action against Seller with respect to the breach in question within twelve
( 12) months after Closing. Wherever herein a representation is made based upon the !mow!edge of, or
notice to , Seller, such lmow!edge or notice is limited to the actual !mowledge of or notice received by
Gina Bulloch, provided nothing in this Agreement will be deemed to ho a repres entation made by Gina
Bulloch other than in her representative capacity, and Purchaser releases Gina Bulloch from any and all
personal liability arising out of this Agreement or the representations made herein .
6.2 Purchaser's Representations and Warr aotiM . Purchaser represents and warrants to Seller
as of the Effective Date of this Agreement as follows:
6.2. I Purchaser has been duly organized under the \aw: of the State of Colorado, and
has the requisite power and authority to enter into and perform lhis A[!'•tement and the documents and
instruments required to be executed and delivered by Purchaser purs111-.,l hereto. This Agreement has
been duly executed and delivered by Purchaser and is a valid and 1>:nd ing obligation of Purchaser
enforceable in accordance with its terms . This Agreement and the docmnents and instruments required
to be executed and delivered by Purchaser pursuant hereto have each been duly authorized by all
necessary corporate action on the part of Purchaser and that such execution, delivery and performance
does and will not conflict with or result in a violation of Purchaser's articles of incorporation or by-laws
or any judgment, order or decree of t 1y court or arbiter to which Purchaser is a p•rty, or any agreement
to which Purchaser and/or any of the Property is bound or subject.
6.2 .2 Purchaser has not (i) made a general ass ignment for the benefit of creditors, (ii) •
filed any involuntary petition in banJc,-uptcy or suffered the filing of any involuntary petition by
Purchaser 's creditors, (iii) suffered the a~pointrnent of a receiver to take possession of all or substantially
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all of Purchaser 's assets, (iv) suffered the attachment or other judicial seizure of all, or substartially all,
of Purchaser's assets, (v) admittr.d in writing its inability to pay its debts as they come due, or (vi) made
an offer of settlement, extension or composition to its creditors generally .
The foregoing representations and warrantie s are express representations and warranties which S•ilcr
shall be entitled to rely on regardless of any investigation or inquiry made by, or any knowledge of,
Seller . Consummation of this Agreement by Seller with knowledge of any such breach shall not
constitute a waiver or release by Seller of any claims arising out of or in connection with such breach .
Subject to the fo regoing , Purchaser's representations and warranties shalt survive Closing.
Article 7. Fcasjbi)ity Period.
7. 1 During the Feasibility Period, Purchaser may investigate the Property and alt matters
relevant to its acquisition , development, usage, operation and marketability, and any and alt permits and
apµr ovals necessary for Purchaser's usage . Such investigations shalt be conducted at Purchaser's sole
expense and may include, without limitation, studies or inspections (including environmental
inspections) of the Property. Any environmental or other physical inspection of the Property shalt occur
pursuant to th, tenns and conditions of the Property Access Agrcemcn~ attached hereto as E"hibit B.
Subject to the tenns of this Agreement and the Property Access Agreement, Seller shall reasonably
cooperate with Purchaser 's inspections during the Feasibility Period . Purchaser shall deliver copies of
any reports or res ults of any tests regaJding the Property within five (5) days of receipt by Purchaser.
7 .2 Seiter, without additionnl cost to Purchaser, shall provide Purchaser access to copies of all
surveys , engineering studies, feasibil :ty studies, soil and water test results, environmental studies or
reports, maps , plats, contracts , documents , agreements , permits, licenses , reports and data pertaining to c
affecting the Property which are in the possession or control of Setler, if any . These documents shall be
made available to Purchaser on or before ten ( I 0) business days after the Effective Date. In the event of
termination of this Agreement for any reason after the Effective Date . Purchaser, without additional cost
to Seiter, shall promptly return to Seller all copies of the above listed materials pertaining to the Property
which are in the Purchaser's possession or under Purchaser 's control. Purchaser shalt keep alt such
materials confidential and shall not disclose such information or documents to any third party without the
prior written consent of Seiter, except to lenders, attorn eys and consultants to the extent necessary to
complete Purchaser 's investigation and perform its obhv •io ns hereunder, and subject to such third
party 's agreement to maintain the information as co"f1oc ntial. Confidential information shall be
disseminated within the Purchaser's orga,ii.a•.i on and within third party organizations on a "need to
know" basis only. The Purchaser will keep this information confidential unless disclosure is required by
law or court order nnd agrees to notify Seiter of Purchaser's intent to disclose pursuant to such law or
court order fi w (5) business days prior to such disclosure .
7.3 Selkr does not warrant the ace• racy of any record, document or information made
available to Purchaser or any of the records or documents. Statements of fact or opinion contained in any
record , documents or information made available to Purchaser shall not be deemed to be a representation
or warranty hereunder. The records, documents or information made available to Purchaser arc being
provided to Purchaser for informational purposea only and shall be read in the context that they were
prepared by Seller or Seller's consultanll for interoompany use without expectation that such documenta
would be disseminated to third partiea in connection with this transaction . Further, it is agreed that
Purchaser is responsible for ill own due diliaence despite receivina information and documentation
relating to the Property from Seiter. Purohaacr &11,1'"<1 that Purchaser 'taY independently verify 111ch
information provided by Seiter and Purchaser n,leaaca Seller from any and alt li ability, damages and
claims associated with Purchaser 's reliance thereon . The Seller agrees that it will not purposefully
forward any documentation or information to the Purchaser which to the best of Seller's knowledge,
without duty to inquire further, is false .
7.4 Purchaser may terminAte this Agreement by delivering written notice thereof to Seller on
or before the expiration of the Feasibility Period, whereupon the Earnest Money will be returned to the
Purchaser and both parties shall be relieved of all liability, except for those matters which are expressly
provided to survive termination of this Agreement. If said written notice is not received on or befo:-c the
date specified abo ve , then this Agreement shall remain in full force and effect and the contingency as set
forth in this paragraph shall be deemed to be waived.
7.5 Purchaser shall be responsible for, and shall bear any and all cost and expense associated
with, any and all loss, claims, actions , liens , proceedings, liability or damage, including, but not limited
to, rea sonable attorneys' fees, resulting from the death or bodily injury of any person, claims from
materialmen or laborers, or from the physical damage to or environmental contamination of the Property,
arising as a result of Purchaser's inspections, tests, and investigations of the Property , or as a result of
Purchaser's entrance onto and presence upon tl1e Property. Purchaser shall obtain and demonstrate proof
of the insurance requirements outlined in Exhibit B. The provisions of this Section shall not be construed
to merge with the passage ot title to the Property and shall survive Closing or termination of this
Agre ement .
7 .6 The Property is sold by Seller and ac q· f Purchaser "As-ls, Where-Is, With All
Faults" with no right of set-off or reduction in the Purct..se Price, and that except as explicitly set forth
in this Agreement or in the Deed (with respect to warranties of title) such sa le shall be without
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representation or warranty, express or implied , either ora1 or written, made by Se11er or any agent or •
representative of Seller with respect to the physical or structural condition of the Property, or with
respect to the existence or absence C;f petroleum, hazardou s substances, pol1utants or contaminants in, on,
under, or affecting the Property or with respect to the compliance of the Property or its operation with
any laws , ordinances or regulations of any government or other body . Purchaser acknowledges and
agrees that SeJler has not made and does not make any representations, warranties or covenants of any
kind or character whatsoever, whether express or implied, with respect to wan·,mty of income potential,
operating expenses, uses, habitabi!;ty, tenantability, or suitability for any purpose, merchantability, or
fitness of the Property for a particular purpose, all of which warranties Seller hereby expressly disclaims .
Purchaser is relying entirely upon information and knowledge obtained from its own investigation,
experience, or personal inspection of the Property. Effective at Closing, Purchaser releases Seller from
all environmental and other actions, claims, loss, injury, or liabili ties with respect to the Property, arising
from operations or activities prior to Closing, whether such liability is imposed by statute or derived from
common law including, but not limited to, liabilities arising under the Comprehensive Environmental
Response, Compensation ano Liability Act ("CERCLA"), the Hazardous and Solid Waste Amendments
Act, the Resource Conservation and Recovery Act ("RCRA"), the Federal Water Pollution Control Act,
the Safe Drinking Water Act, the Toxic Substances Control Act, the Supcrfund Amendments and
Reauthorization Act and the Hazardous Materials Transportation Act, all as amended, and all other
comparable federal, statf: or local environmental, conservation or protection laws, rules or regulations .
Effective at Closing, Seller expressly assumes all environmental and other actions, claims, loss, injury, or
liabilities with respect to the Property, arising from operations or activities following the Closing,
whether such liability is imposed by statute or derived from common law including, but not limited to ,
liabilities arising under the CERCLA, the Hazardous and Solid Waste Amendments Act, RCRA, the
Federal Water Pollution Control Act, the Safe Drinking Water Act, the Toxic Substances Control Act, •
the Superfund Amendments and Reauthorization Act and the Hazardous Materials Transportation Act, all
es emended, and all other comparable federal , state or local environmental, conservation or protection
laws, rules or regulations. Statements of fact or disclosures, if any, made by Seller in this Agreement, or
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in connection with this Agreement, do not constitute warranties or representations of any nature . The
foregoing provision shall survive Closing and shall not be deemed merged into any instrument of
conveyance delivered at Closing .
Article 8. Indenture Release .
Seller's obligation to close the tran ·action described in this Agreement shall be subject to Seller
obtaining a release of the Property from Seller's Corporate Indenture ("Indenture Release"). Seller shall
apply for the Indenture Release within ten (I 0) business days after the Effective Date . In the event Seller
docs not obtain the Indenture Release, for any reason (other than the failure of Seller to pay the net
proceeds of the Purchase Price to the indenture trustee), o,, or before the date which is sixty (60) days
after such date, then this Agreement shall be null and void and of no further force or effect, all parties
shall be relieved of all obligations hereunder (except as to obligations which expressly surv'·•c
termination), and the Earnest Money shall be returned to Purchaser . In the event Seller obtains Li e
Indenture Release, the closing will occur on the Closing Date .
Article 9. Reserved Interest.
The Deed shall reserve to Seller casements for the maintenance of, and access to, utility facilities
which arc now, or may hereafter be, located on the Property as set forth in the Deed (the "Reserved
Interest ").
Article 10 . Protectjve Barriers .
Purchaser shall install protective barriers , approved by Se11er, around the existing transmi ~ion
tower and any future tower(s) located on the Property . Said protective barriers shall be either (I) jersey
barriers , or (2) six-inch diameter concrete bollards al least three feet high at four foot intervals painted a
reflective yellow .
Artj cle 11. Condemnatjon .
If prior to Closing, eminent domain proceedings arc commenced against any material portion of
the Property , Seller shall immediately give notice thereof to Purchaser, and Purchaser at its option (to be
exercised within fifteen (15) days after Seller's notice) may either (a) terminate this Agreement, in which
event both parties shall be released from all liabilities and obligations hereunder, except those which
expre ssly survive termination, and the Earnest Money shall be returned to Purchaser, or (b) proceed to
Closing and receive at Closing either a credit against the Purchase Price in the amount of the award, in
the cnse of a completed eminent domain proceeding, or an assignment of all rights in eminent domain, in
the case of a pending eminent domain proceeding. Prior to Closing, Seller shall not designate counsel,
appear in , or otherwise act with respect to any eminent domain proce,.:dings , or commence any repair or
restoration re sulting therefrom , without the consent of Purchaser.
Article 12 . Brokers .
Each of the parties represents to the other that such party has not incurred any brokerage
commission or finder 's fee as a result of this transaction. Purchaser and Seller agree to hold the other
harmless from all liabilities suffered relating to any brokerage commission or finder's fee incurred as a
result of t,,eir respective actions. The provisions of this Article 12 shall survive Closing or termination
of !his Agreement.
Mic!• 13 Default.
In the case of any default by Purchaser , and such default continues for a period of ten (I 0) days
after Seller notifies Purchaser in writing of such event (except for a default consisting of Purchaser 's
failure or refusal to close, for which no notice will be required), Seller's sole and exclusive remedy shall
be termination of this Agreement and, upon any such termination , the Earnest Money shall be forfeited to
Seller, not as a penalty, but as liquidated damages . In the case of any default by Seller, and such default
continues for a period of ten (JO) days after Purchaser notifies Seller in writing of such event (except for
a default consisting of Seller's failure or refusal to close , for which no notice will be required), upon
Purchaser's option , Purchaser may terminate this Agreement whereupon the Earnest Money shall be
returned to Purchas er. Purchaser also shall have the right to specifically enforce this Agreement,
provided that any .ction therefor is commenced within six (6) months after such right arises . Purchaser
waives any right it m./ have to recover damages from Seller. In any action or proceeding to enforce this
Agreement or any term hereof, the prevailing party shall be entitled to recover its reasonable costs and
attorneys' fees. Th is provision shall survive termi r.:•.i on of thi s Agreement
Artjcle 14. Assjgnability .
Purchaser may not assigo its rights under this Agreement other than to a Permitted Assignee, and
provided that Seller is given notice of such assigoment not less than ten (10) days prior to Closing . As
used herein, "Permitted Assigoee" means any er.tity which controls, is controlled by or is under common
control with Purchaser. Any Assigoee must assume all of Purchaser's agreements and obligations under
this Agreement and no assigoment shall con,·itute a release of Purchaser from its liability and
agreements .
Article I 5, Confidentja)itv .
Seller and Purchaser agree to retain the confidentiality of the ter.ms of this Agreement prior to
Closing and not to disclose the same to any third party other than to the extent required by applicable
Jaw, or to the extent necessary for Purchaser to complete its investigation during the Feasibility Period , to
obtain financing to complete this transaction, or to determine the tax treatment or tax structure of the
transaction contemplated by this Agreement.
Articl e 16 Notices ,
Any noticc1 consent. waiver, request or other communication required or provided to be given
under this Agreement shall be in writing and shall be sufficiently given and shall be deemed given when
delivered personally or when mailed by certified or registered mail, return receipt requested, postage
prepaid, or when.dispatched by nationally recognized overnight delivery service, in any event, addressed
to the party's address as follows:
If to Sellor : Gina L. Bulloch
Corporate Real Estate
Xcel Energy Services Inc .
550 15 th Street, Suite 1000
Denver, Colorado 80202
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With copy to:
If to Purchaser :
Jennifer Thulien Smith, Esq .
Xcel Energy Services Inc .
414 Nicollet Mall, 5th Floor
Minneapolis, Minnesota 55401
Michael Flaherty
Deputy City Manager
City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110
or to such party at such other oddress as such party, by ten (I 0) days pri or written notice giv en as herein
provided , shall designate, ;,rovided that no party may reGuire notice to be sent to more than two (2)
addres ses . Any notice given in any other manner shall be effective only upon receipt by the addressee.
Article 17 . Miscellan eous .
17 .1 Entire Agreement · Modification . This Agreement embod ies the entire agreemer,t and
und erstanding between Scl1er and Purchaser, and supersedes any prior ora] or written agreements 1
relating to this transaction . This Agreement may not be amended, modifi :d or s"pplemented except in
writing executed by both Seller and Purchaser . No term of this Agreeme1tt shall be waived unless done
so in writing by the party benefited by such term.
17 .2 Survival · No Merger. The terms of this Agreement shall ;urv've and be enforceable after
the Closing and shall not be merged there in.
17 .3 Governing Law. This Agreement shall be construed under and governed by the laws of
the State of Co lorado .
17.4 Severab'li!:i, If any term of this Agreement or any ap plication thereofs!iall be invalid or
unenforceable , the ret minder of this Agreement and any other application of such tenn shall not be
affected thereby .
17 .5 Time of the Essence . Time is of the essence under this Agreement.
17 .6 Construction. The rule of strict constructior shall not apply to this Agreement. This
Agreement shall not be interpreted in favor of or against eithet Seller or Purchaser merely because of
their respective efforts in preparing it.
17 .7 Captions Gender, Number and Language oflnclusion. The article and section headings
in this Agreement are for convenience of reference only and shall not define, limit or prescribe the scope
or intent of any term of this Agreement. f s used in this Agreemen~ the singular shall include the plura!
and vice versa, the masculine, feminine and neuter adjectives shall incl ude one another, an.d the
following words and phrases shall have the following meanings : (i) "including" shall mean "including
,ut not limited to", (ii) 11 tcnns" shall mean ''tcnns, ·1,rovisions, duties, covenants, condi ti ons,
·epresentations, warranties and indenmities", (iii) "any of::-.. : Property" shall mellll "the Property or any
part thereof or interest therein", as the case may be , (i 'i) "rights" shall mean "rights, duties and
obligations", (v) "liabilities" shall mean "liabilities, oblizations, dam,2es. fines, penalties, claims,
demands, costs, charges, judgments and expenses, including 1easonable attorneys' fees", (vi) "incurred
by " ,hall mean "imposed upon or suffered or incurred or paid by or asserted against", (vii) "applicable
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Jaw" sha ll mean "all applicable Federal, state, county, municipal, local or other laws , statutes, codes, •
ordinances, rules and regulation s", (viii) "about the Property" shall mean "in , on , under or about the
Propert y", (ix) "opera tion" sh all mean "use, non-use, possession , occupancy, condition, opcrntion,
maintenance or management'\ and (x) "this transaction" shall mean "the purchase, sale and related
transac ti ons contemp lated by this Agreement".
17.8 Binding Effect. Th is Agreement shall inure to the benefit of and shall bind th e
respective heirs, executors, adminis trators , succ essors and assigns of Seller and Purchase r.
I 7 .9 Co unterp arts. This Agreement may be executed in any number of counterpart s, each of
whi ch shall be an original , but all of whi ch together shall co nstitute one in strument.
17 .10 Recording. Nei th er party shall record thi s Agree ment. In the even t Purchaser records
this Agree men t, this Agreement shall automatically tem1inate and Seller shall have th e remedies se t for th
in th e Article entit led "Default".
Se ll er and Purchase r have ca used thi s Agree ment to be executed an d deliv ered as of th e
da te first above wri tten.
SELLER:
PUBLIC SERVICE COMPANY OF COL ORADO
PU RC HASER:
CITY OF ENGLEWOOD
n Home Ruic municipal corporation
By:
Da te:
Mayor
Olga Wolosyn
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ATTEST:
By: -------------
Date:
City Clerk
Lo ucr ishia A. Ellis
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
A tract of land in the Southeast quarter of the Southwest quarter of the Northwest quarter of Section 9,
Township 5 Sou th, Range 68 West of the 61
" P.M ., Arapahoe County, Colondo, more particularly
de scribed as follows :
Commencing at a point which is 2628 feet North and 710 feet East of the Southwest corner of said
Section 9, Township 5 South, Range 68 West of the 6th P.M.;
Thence East 157 feet to a point;
Thence North 0°5' West 287 feet to a point on the South side of the County Road leading to Brown 's
Bridge;
Thence South 83 °12' West along the South side of said County Road 158 feet , more or less, to the East
t.,.: of the land heretofore conveyed to Henry R. Nissley;
Thence South 005' East along the East lin e of said Nissley property 268 feet to the point of beginning .
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EXHIBIT A-1
Retained Easements
An easement retaine d by the Grantor, its successors , licensees, lessees, contractors, or assigns, and their
agents and employees to enter at all times upon sai d premises for its existing natural gas utility facilities
over the south thirty (30) feet of the parcel described in Exhibit I, together with the righ t to enter upon
said premises to install, construct, maintain, alter, rt.p air, rep la ce, reconstruct, operate and remove
pipelines and rel ated app urtenances, fixtures or devices use d for the Grantor's tr-ansportation of natural
gas.
TOGETHER WITH :
An easement retained by the Grantor, its successors, li censees, lessees, contractors, or assigns, and their
agents and emp loyees to enter at all times upon sa id premises to access its exi sting electrical distribution
utility facilities over the west ten (10) feet, together with th~s\ five (5) feet, and together with the
northerly twelve (12) feet of the parcel described in Exhibit I, together with the right to enter upon said
premises to survey, construct, main tai n, operate, rep air, replace, contro l, and use sa id electric di stri bution
uti lity li ne s and related fixtures and devices, and to remove objects interfering therewith, in cl uding the
trimming of trees and bushes, and together with the right to use so much of the adjoining premises during
surveying, construction, maintenance, repair, removal or replacement of said electrical utility lines and
related fixtures and devices as may be required to pem1it the operation of standard utility constructi on or
repair machinery.
TOGETHER WITil:
A strip of land scventy-fh e (75) feet in width, thirty-seven and five ten th s (37.5) feet on each side of the
following dcscrib,,d centerline:
Commenci ng at the southeast comer of the parcel described in Exhibit I, being a point on the cast-west
centerline of Section S. Township 5 South , Range 68 West of the 6~ Principal Meridian , County of
Arapahoe, State of Colorado , whence the West one-quarter comer thereofbeus North 89°43'00" West,
848.78 feet ; thence North 00°09'04" East, along th e east line of sai d parcel, a distan ce of 157.69 feet to
the POINT OF BEGINNING on the centerline of said seventy-five-foot strip of land; thence North
44°22'24" West, along the centerline of said str ip, a distance of 157 .69 fee t to th e POINT OF
TERMINATION on the north line of said parcel.
Said seventy-five-foot strip casement retained by the Granter, its successors, .censees, lessee s,
contrac tors, or assigns, and their agents and employees to enter at all times upon said premises to access
its existing overhead electrical transmission utility facilitie s described on Exhibit I, together with tlic
right to enter at all times upon said premises to survey, con struc t, repair, remove , repl ace, reconstruct,
patrol, inspect, improve, enlarge and maintain overhead electrical transmission lines including towers,
poles , and other supports of whatever materials; together with braces, guys, an chors , cross-arms, cables ,
conduits, wires, conductors, manholes, transfo rmers, 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 .
Permitted Exceptions
[Tr be added pursuant to Section 5.2 of Purchase and Sale Agreement]
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EXHIBITB
PROPERTY ACCESS AGREEMENT
This Agreement is effecti ve this __ day of ____ __. 2007 by and between Public Service
Company of Colorado ("PSCo") and the City of Englewood, a Home Ruic municipal corporation
("Purchaser").
Recita ls
A. Purchaser is conducting an investigation of a parcel of land al 2150 W. Union Ave.,
Eng lewood, Colorado (the "Property") pursuant to a Purchase and Sale Agreement of even date hereof
(L~c "PSA").
B. In connection with such ac ti vities, Purchaser ha s reques ted PSCo's pcnnission for its
authorized employees and repre sen tative s to enter the Property.
C. PSCo is willing to pro vide Purchaser with such access under the terms and conditions sc i
fo rth in U1is Agreement.
Agreement
I . Purchaser and its designated employees, contractors or agents shall be granted access to the
Property under this Agreement only for the purpose of conducting the investigation described in the PSA
(the "Work "). The persons or firms performing the Work will be subject lo PSCo 's rea sonable approval,
prior to any entry onto the Property . Further, Purchaser shall provide PSCo with written notice of its
intention to enter the Property at least three (3) business days prior to entering.
2. Purchaser shall repair any damage done to the Property a, a result of the Work and upon
completion of the Work shall restore the Property to its condition as c><istr;d immediately prior to the
entry by Purchaser .
3. This Agreement shall terminate upon the sooner of completion of the Worl ,r termination of
the PSA. Any provision of this Agreement shall survive termination if contc~t so requires including
without limitation the indemnities provided for in paragraph 4 hereof.
4. Purchaser shall be responsible for, and shall bear any and all cost and c><pensc as sociated with,
any and all loss, claims, actions, liens, proceedings, liability or damage, including, but not limited to,
rea sonable attomeys ' fees, resulting from the death or bodily injury of any person, claims from
matcrialmen or laborers, or from the physical damage to or environmental contamination of the Property,
arising in any way as a result of the Work or Purchaser's presence on the Property or by the presence of
,ny of its agents, contractors, consultants or employees, and provided further that Purchaser shall be
responsible for the proper treatment and disposal of all samples taken with respect to the Property.
5. Purchaser shall obey all PSCo writtca rules and regulat ions made !mown to it prior to its
entry as well as reasonable oral instructions related to safety as such arc made !mown to Purchaser during
its presence on the Property .
6. At all times while on the Property, Purchaser shall be accompanied by a PSCo representative,
unless otherwise authorized by PSCo in advance. Purchaser shall provide PSCo with a copy of any
15
completed report or document describing the results or co nclusions arising from the Work as soon as •
such report is completed. Upon issuance of any final reports, Purchaser shall deliver to PSCo all prior
drafts and other documents generated pursuant to the Work within its possession or control. Purchaser
agrees to maintain all information and documents (including tinal reports) generated as a result of the
Work as strictly secret and confidential and will not disclose such information or documents to any third
party without the express written consent of PSCo or as required by law, except to lenders, attorneys and
consultants to the extent necessary to complete Pur~haser 's investigation and perform its obligations
hereunder, and subject to such third party's agreement to maintain the information as confidential.
Confidential information shall be disseminated within Purch: ·er's organization and within third party
organizations on a 11 need to know 11 basis only. In the ev,;nt that Purchaser does not acquire the Propet1y
for any reason, Purchaser will de liver to PSCo ah copies of any report:, documents describing the resu lts
or conclusions arising from or related to the Work, and any and all other documents, writings or records
discussing the Work and the resu lts or conclusions .
7. Purchaser and any of its agents, contractors or consultants performing the Work shall take
out and maintain, at their own expense , at least the following insurance;
Insurance
a. Workers Compensation
b. Comprehensive General Liability
c . Automotive liability
Statutory.
$1,000 .000 each occurrence.
$2,000,000 aggregate.
$1,000 .000 each occurrence.
$2,000,000 aggregate.
8. Purchaser shall be solely responsible for ensuring that. all of its agents, contrac1or,
consultants, and employees comply witl1 the requirements of this Agreement.
9. This Agreement shall be governed, construed and enforced in accordance with the laws of
the State of Colorado.
10. This Agreement and the PSA set forth the entire agreement and understanding of the parties
with respect to the transactions contemplated hereby and supersedes all prior agreements, arrangements
and understandings relating to the subject matter hereof.
11. This Agreement shall bind upon and inure to the benefit of the parties hereto and their
permitted successors and assigns.
12. This Agreement may be amended, modified, superseded or canceled, and any of the terms or
covenants hereof may be waived, only by written instrument executed by the parties hereto or, in the case
of waiver, by the party waiving compliance.
13 . The fai lure of either party at any time or times to require performance of any provision
hereof shall in no manner affect its right at a later time to enforce the same. No waiver by either party of
the breach of any terms or covenant contained in this Agrecmen whether by conduct or otherwise, in
any one or more instances shall be deemed to be construed as further or continuing waiver •lf any such
breach or a breach of any other term or covenant of this Agreement.
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IN WTINESS WHEREOF, the parties hereto, intending to be bound hereby, have caused this
Agreement to be executed by thei• officers, duly authorized, as of the day and year first above written .
CITY OF !!:NGLEWOOD
a Home Rule munlclp•I corporation
By:
Mayor
Olga Wolosyn
PUBLIC SERVICE COMPANY OF COLORADO
By : -G=:i-na-L"".""'B""u-:-:11:--oc""'h _______ _
Corporate Real Estate
A'ITEST :
By: ------:-:--=c--:-------
City Clerk
Loucrishia A. Ellis
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EXHIBITC
When recorded, mall to :
PUBLIC SERVICE COMPANY OF COLORADO
c/o Xcel Energy Servi ces Inc .
550 15'hStreet, Suite 1000
Denver, Colorado 80202-4205
Attention : Co orate Real Esta :e This Space Reserved For Recordin g lnfonnation
SPECIAL WARRANTY DEED
Public Service Company of Colorado, a Colorado corporation ("Grantor"), of the City and
County of Denver, State of Colorado, for the consideration of Ten Dollars and other good and valuable
con si deration, the receipt and adequacy of which arc hereby acknowledged, hereby sells and conveys to
the City of Englewood, a Home Ruic municipal corporation, with an address of 1000 Englewood
Parkway, Englewood, Colorado 80110 , the property located in the County of Arapahoe, State of
Colorado, described on the attached Exhibit I.
Grantor warrants title against all persons claiming under Grantor, excepting taxes and
assessments for the year 2006 and thereafter, a lien not yet due and payable , and casements, reservations ,
restrictions, covenants, encumbrances , and other matters shown on Exhibit 1-A heteto .
Signed this __ day of ___ , 2007 ._
STATE OF COLORADO )
) "" CITY & COUNTY OF DENVER )
PUBLIC SERVICE COMPANY OF COLORADO
a Colorado corporation
By: ________ _
Patricia K. Vincent, President and CEO
The foregoing instrument was acknowledged before me this __ day of ___ _, 2007 , by
Patricia K. Vincent, as President and CEO of Public Service Company of Colorado , a Colorado
corporation .
Witness my hand and official seal .
Notary Public
My commission expires __________ _
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EXBJBITD
RECEIPT AND ACKNOWLEDGMENT BY TITLE COMPANY
The undenigned Title Company hereby acknowledges receipt of (I) a copy of the fully executed
Purchase and Sale Agreement between Public Service Company of Colorado, as Seller, and th e
City of Englewood, Colorado, as Purchaser (the " Agreement") and (2) the Earnest Money, as
defined in the Agreement, as of the date set forth below . Title Company agrees to hold and
disburse the Earnest Money in accordance with the terms of the Agreement. While the Title
Company h~!ds in escrow any Earnest Money in the form of cash, it agrees to invest it in an
interest-b<:aring account.
RECEIVED, ACKNOWLEDGED and AGREED TO this __ day of ____ ~
2007, which date shall be the Effective Date of the Agreement.
STEW ART TITLE OF DENVER
By ____________ _
Name ____________ _
Title ____________ _
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COUNCIL COMMUNICATION
Date:
April 16, 2007
Initiated By:
Agenda Item :
11 a i
City Manager's Office
Subject:
Acquisitio n of Property from X:PI Ene;gy
Mic ha el Flaherty, De pu ty City Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Counci l auth orized a capital appropriation of $44 ,000 in th e 2005 budget fo r acq uis it io n of th e
subject property, located at 21 SO Sout!, Wya nd ot Str ee t from Xcel Energy. Th e purpose of th e
ca pital appropriation was to acquire this property for parking req uired fo r the future development
on a new animal sh elter by the Colorado Human e Society (CHS ) on adjacent pro per ty, ow ned by
CHS. Two subsequent agreements between the City and CHS , th e trans fe r ow nership of this
pr operty to CHS and for on-going ani mal shelte r operat ions by CHS , will be forwar ded to Co un ci l
in th e near future.
RECOMMEND F.D ACTION
Staff recommend s Counc il adopt a Bill for an Ordinarce auth orizi ng a purchase and sale ag reemen t
between Xcel Ener gy and th e City of En glewoo d.
BACKGROUND
Staff ha s been in dis cussions wi th Xce l Energy since 2002 regarding acquisition of pro perty at 21 SO
South Wyandot Street (West Uni on Avenue and South Wyandot Stree t). This property is proposed
as parking for future deve lopment of a new animal shelter by the Colorado Humane Soci ety (CHS).
CHS has plans for a new facility and has begun a ca pita l campaign to fund constru ction. The
proposed site of the planned facility is just east of the South Platte Ri ver and immediately west of
the Xcel parcel. The land parcel on which the facility is proposed to be built is in Englewoo d, but
was ow ned by the City of Littleton. Last year, the City of Littleton transferred ownership of thei r
proper ty to CHS . How eve r, th at parcel will not accommodate the required parkin g. The City of
Englewoo d had previ ously prop ose d to acquire the Xcel property to provi de for the required
parking. The Xcel property, which is approximately one acre, wi ll accommodate that need . Xcel
agreed to sell the property to the C" · and vac ated an existing lessee from the prop erty in 2003 .
Xcel forwarded a "Purchase and Sale Agreement" to :he City in late September of last year. The
City Attorney's Office has reviewed the agreement and found it to be acceptable, wi th a fe w
exc eptions . Xcel completed changes requested and returned the signed agreement late last month .
FINANCIAL IMPACT
An appraisal of the property was completed by Xcel in 2004 that established the value at $44,000 .
City staff reviewed the appraisal and found It to be a fair representation of the property's value. An
appropriation from the Capital Projects Fund for the acquisition was approved by City Council In
the 2005 budget.
LIST Of ATTACHMENTS
Colored Map of Retained Easemrn t
Proposed Bill for an Ordinance
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Retained Euemeng
An easement retained by the Grantor, its successors, licensees, lessees, contractors , or assigns , and their
agents and employees to enter at all times upon said premises for its existing natural gas utility facilities
over the south thirty (30) feet of the pllICel described in Exhibit I, together with the right to enter upon
soid premises to install, construct, maintain, alter, repair, replace, reconstruct, operate and remove
pipelines and related appurtenances, fixtures or devices used for the Granter 's transportation of natural
gas .
TOGETIIBR WITH :
An easement retained by the Granter, its successors, licensees , lessees, contnctors, or assigns, and their
agents and employees to enter at all times upon said premises to access its existing electrical distribution
utility facilities over tho wat ten (10) fee4 together with th-Ii.~ (S) '9ot. "1d together with the
~ 03) r.t oi the p11ICel described in Exhibit I, together with tht right to enter upon said
premises to survey , construct, maintain, operate, repair, replace, control, and use said electric distribution
utility lines and related fixtures and devices, and to remove objects interfering therewith, including the
trimming cf trees and bushes, and together with the right to use so much of the adjoining premises during
surveying, constructi on, maintenance, repair, removal or replacement of said electrical utility lines and
related fixtures and devices as may be required to permit the operation of standard utility construction or
repair machinery .
TOGETHER WITH :
A strip of land"'ll!¥iil!y-flve (75) feet in widi, thirty-seven and fiv e tenths (37. 5) feet on each side of the
following described centerline :
Commencing at the southeast comer of the parcel described in Exhibit I, being a point on the east-west
centerline of Section 9, Township 5 South, Range 68 West of the 6~ Principal Meridian, County of
Arapahoe, State of Colorado , whence the West one-<(uarter comer thereof bears North 89°43 '00 " West,
848 .78 fee t; thence North 00°09'04 " East, along the east line of said parcel , a distance of 157.69 feet to
the POINT OF BEGINNING on the centerline of said seventy-five-foot strip of land; thence North
44°22'24 " West, along the centerline of said strip, a distance of 157.69 feet to the POINT OF
TERMINATION on the north line of said pllICel.
Said seventy-five-foot strip easement retained by the Grantor, its successors , licensees, lessees,
contractors, or assigns, and their agents and employees to enter at all times upon said premises to access
its existing overhead electrical transmi ssion utility facilities described on Exhibit I , together with the
right to enter at all times upon iaid premises to survey, construct, repair, remove , replace , reconstruct,
patrol , inspect, improve , enlarge and maintain overhead electrical transmission lines including towers,
poles , and other supports of whatever materials; together with braces , guys, anchors, cross-arma, cables,
conduits , wires , conductors, manholes, transformers, and other fixtures, devices and appurtenances used
or useful :n 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 .
Permitted Excepdow
[To be added pursuant to Section 5.2 of Purchase and Sale Agreement]
812T p4QT
..
022. 023 .,
2 •
03:5
OJER-~ 0."l'ICE W,.REHW,
Sl(l!DIW9,I~ WAIW!R