HomeMy WebLinkAbout2011 Ordinance No. 046ORDINANCE NO ~
SERIES OF 2011
BY AUTHORITY
COUNCIL BILL NO. 36
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE APPROVING THE GRANT OF AN EASEMENT TO B P WIND ENERGY
NORTH AMERICA INC. FOR TRANSMISSION FACILITIES ON THE BYERS BIOSOLIDS
FARM.
WHEREAS, BP Wind Energy North America Inc. is proposing to develop a private
transmission line through Kit Carson, Washington and Arapahoe Counties; and
WHEREAS, this will enable BP to transport power from their prospective wind farm projects
in eastern Colorado to the Front Range power market; and
WHEREAS, the Littleton/Englewood Byers biosolids fann property is within BP 's area of
interest for transmission line development ; and
WHEREAS, payments from the transmission Right-of-Way agreements provide an additional
revenue stream to participating landowners w ith minimal impact to existing farming and
ranching operations; and
WHEREAS, in May 2010 Littleton/Englewood Waste Water Treatment Plant received a
request for an easement from BP to construct a private, power transmission line (above ground)
through the Byers biosolids farm; and
WHEREAS, the easement would be 100 feet wide, and two miles in length and would house
approximately ten power transmission structures;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Co lorado hereby authorizes the "Grant of
Easement and Easement Agreement for Transmission Facilities", between the BP Wind Energy
No1ih America Inc ., City of Littleton and the City of Englewood, Colorado, as attached hereto as
Exhibit A
Section 2 . The Mayor is authorized to execute said Grant of Easement Agreement for and on
behalf of the City of Englewood.
Introduced, read in full, amended and passed on first reading on the 18 th day of July , 20 11 .
Published by Title as an amended Bill for an Ordinance in the City 's official newspaper on the
22nd day of July , 2011 .
11 bi
Published as an amended Bill for an Ordinance on the City's official website beginning on the
20th day of July, 2011 for thirty (30) days .
Read in full, amended the fee schedule to adopt annual payments and passed as amended on
the 15th day of August, 2011.
Published as an amended Bill for an Ordinance on the City's official website b egi1ming on the 26 th
day of August, 2011 for thirty (30) days.
Read by title as amended and passed on final reading on the 6th clay of September, 2011.
Publi shed as amended by title in the City's official newspaper as Ordinance No. '-/&, Series of
20 11, on the 9th day of September, 2011.
Publi shed by title as amended on the City's official website beginning on the 7th day of
September, 2011 for thirty (30) days.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true co p y of _0~ amended Ordinance pa ssed on final reading and
published by title as Ordinance No. --ZJa Series of 2 011.
Recording Requested By and
When Recorded Return to:
Land Manager
BP Wind Energy North America Inc .
700 Louisiana, 33 rd Floor
Houston, TX 77002
(713) 354-2130
For Recorder's Use Only
GRANT OF EASEM:ENT AND EASEMENT AGREE1\1ENT
FOR TRANSMISSION FACILITIES
This GRANT OF EASEMENT AND EASEMENT AGREEMENT FOR TRANSMISSION
FACILITIES (this "Agreement") is made, dated and effective as of ______ , 2011 (the
"Effective Date"), between the City of Englewood and the City of Littleton, each to an
undivided one-half interest (Collectively "Grantor"), and BP Wind Energy North America
Inc., a Virginia corporation ("Grantee"). Gran.tor is the sole owner of that certain property
located in Arapahoe County, Colorado, as more particularly described in Exhibit A attached hereto
· and made part hereof (the "Property").
1. Grant of Transmission Easement. For good and valuable consideration, the legal
sufficiency of which is hereby acknowledged by Grantor, Grantor hereby grants to Grantee and its
successors and assigns, an exclusive easement (''Transmission Easement") on, along, over, under
and across a portion of the Property one hundred (100) feet wide (such portion of the Property, the
"Easement Area" as more particularly described in Exhibit B attached hereto and made part
hereof). The Easement Area may be used by Gl·antee for the following purposes and no other: to
erect, construct, reconstruct, replace, remove, maintain and use a single line of poles, with such
wires and cables as from time to time are suspended therefrom for the transmission of electrical
energy (not to exceed 345 kilovolts) and/or for communication purposes that are directly related to
and dedicated solely for Grantee's operations, and all necessary and proper foundations, footings,
guy wires, anchors, crossanns and other appliances, fixtures and facilities for use in connection
with said towers, poles, wires and cables on, along, over, under and/or across the Easement Arna.
The Easement Area may exceed 100 feet in width by up to 50 feet to the extent reasonably
necessary to provide for an airspace overhang of Transmission Facilities (as defined below) loc ated
on the Property to allow for blow-out of transmission wires. Said towers, poles, wires, cables,
foundations, footings, guy wiJ:es , anchors, crossarms, appliances, fixtures, and facilities are herein
collectively called the "Transmission Facilities."
2. Payment. In consideration of the rights granted hereunder, Grantee agrees to pay
Grantor the amounts set forth in the Fee Schedule attached hereto ("Fee Schedule").
3. Construction Activities. During the construction of the Transmission Facilities,
Grantee may use for construction purposes an additional fifty (50) feet of land in total on either or
both sides of the Easement Area. Grantee will use commercially reasonable efforts to minimize
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surface disturbance on the portion of the Property lying outside of the Easement Area during
construction, as more particularly described in Section 14 of this Agreement. Grantee shall notify
Grantor of the commencement and completion of construction on the Easement Area.
4. Access. Grantor also hereby grants to Grantee an access easement (the "Access
Easement") over, across and along the Easement Area by means of roads and lanes thereon if
existing, or otherwise by such route or routes as Grantee may construct from time to time for the
purposes of (a) ingress to and egress from Transmission Facilities (whether located on the
Property or elsewhere) and (b) entering onto the Easement Area at any time to conduct
inspections, tests, geotechnical reviews, soil tests, environmental studies, wildlife and/or habitat
studies, transmission studies, archeological assessments, land surveying, title examinations, site
engineering, and such other activities as Grantee reasonably deems necessary or appropriate for
determining whether the Easement Area is or remains suitable for Grantee's pe1mitted purposes
under this Agreement. Grantee shall consult with Landowner on the location of any such new
roads and lanes prior to their construction. Grantee shall also have the right to maintain and
improve any such roads and lanes; provided, however, that Grantee shall compensate Grantor for
any damage caused thereby as provided in Section 14, below.
5. Tenn and Tennination. Subject to the tenns and conditions of this Agreement, the tem1
of this Agreement shall be perpetual, ~ommencing on the Effective Date, unless and until one of
the following events occurs: (a) the Agreement is tenninated by Grantee by written notice to
Grantor, or (b) "Staii of Construction" (as defined below) has not occuned by the date which is ten
(10) yeai·s after the Effective Date, in which case this Agreement shall automatically terminate. As
used in this Agreement, "Start of Construction" shall be deemed to have occun-ed upon the earlier
of (i) the installation of ai1y Transmission Facilities in the Easement Area or (ii) the installation of
the first transmission pole or vertical structure on the transmission project of which the Easement
Area will be a paii. If construction of the Transmission Facilities on the Easement Area has not
been completed within twelve (12) months after Staii of Construction; or if after the date
commercial quantities of electricity are first transmitted by Transmission Facilities located on the
Easement Area, Grantee ceases to operate Trai1smission Facilities on the Easement Area for a
period of twenty-four (24) consecutive months, then unless due to an event of force majeure,
Grantor may elect to terminate this Agreement by written notice to Grantee.
6. Removal. Upon te1mination of this Agreement, Grantee shall (a) upon written request by
Grai1tor, prepare ai1d place of record in the official real property records of Arapahoe County, an
instrument releasing all of Grantee's right, title and interest in ai1d to the Property under this
Agreement, and (b) as soon as practicable thereafter, remove all above-ground Transmission
Facilities and transmission line poles down to a depth of four feet ( 4') from the Easement Area ai1d
restore the soil surface to a condition reasonably similai· to its original condition. Within sixty (60)
days of completion of construction of Transmission Facilities on the Prope1iy, Grantee shall
provide security ("Removal Bond") to cover the estimated removal costs associated with the
Transmission Facilities then on the Prope1iy pursuant to this section. The Removal Bond shall
be, at Grantee's option, either a removal bond from ai1 individual or entity engaged in the
construction business and reasonably acceptable to the parties, a surety bond from an issuer with
a Best's Rating of not less than A, a corporate guarantee (from a finai1cially responsible entity
that is reasonably acceptable to the parties and whose credit rating is investment grade), a letter
of credit issued by a financial institution reasonably acceptable to the parties, a cash deposit, or
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other security reasonably acceptable to both parties. The amount of the Removal Bond shall be
the estimated cost of removing the Transmission Facilities, net of their estimated salvage value .
In the event the county or other governmental authority requires Grantee to provide security for
removal or decommissioning of the Project, Grantee shall provide a single Removal Bond that
benefits both Grantor and the governmental authority in a manner consistent with the
requirements of the governmental authority, and the governmental authority shall have access to
the Property pursuant to reasonable notice to effect or complete the required removal or
decommissioning. If Grantee fails to remove such Transmission Facilities within twenty -four (24)
months of termination of this Agreement, or such longer period as Grantor may provide by
extension, Grantor may do so, in which case Grantee shall reimburse Grantor for reasonable out-
of-pocket costs ofremoval and restoration incurred by Grantor.
7 . Character of Easements. This Agreement and the Transmission Easement and Acces s
Easement shall run with the Property, whether or not this Agreement and/or the Transmission
Easement and/or Access Easement are referenced or described in any conveyance, ground lease or
other instrun1ent granting rights in, to or under all or any portion of the Property. This Agreement
and the Tra11Smission Easement and Access Easement shall inure to the benefit of, and be binding
upon, Grantor and Grantee and their respective transferees, successors and assigns and all
persons claiming under them. Any sale or other transfer of the Property by Grantor shall be
subject to this A gr eement and the Transmission Easement and Access Easement. The
Transmission Easement and Access Easement are irrevocable, and Grantor has no right to
terminate this Agreement except as provided herein. Grantor further agrees with respect to the
Transmission Easement and Access Easement that, ex cept as provided in Section 5, abo v e, (a) no
act or failure to act on the part of Grantee shall be deemed to constitute an abandonment, surrender
or te111lination thereof except upon recordation by Grantee of a quitclaim deed or other release or
termination instrument specifically ternlinating the Transmission Easement or Access Easement or
conveying the Transmission Easement or Access Easement back to Gran.tor, or as otherwise may
be declared by an order of a court having proper jurisdiction over this Agreement; (b) non-use of
the entirety of the Transmission Easement, Access Easement and/or Easement Area shall not
prevent the future use of the entire scope thereof in the event the same is needed; and ( c) no use of
or improvement to the Easement Area or any lands benefited by the Transmission Easement or
Access Easement (within the scope of rights described in Section 1 and Section 4 of this
Agreement), and no transfer of the Transmission Easement or Access Easement shall, separately or
in the aggregate, constitute an overburdening of the Transmission Easement or Access Easement.
8. Assignment. Grantee may convey or assign this Agreement or its rights with respect to
the Transmission Easement or Access Easement at any time , in whole or in part, to one or more
assignees or subassignees, without the need for Grantor's consent. Grantee shall have the right to
make a partial conveyance or assignment of the Transmission Easement or Access Easement
resulting in two or more persons or entities having interests as tenants-in-common who shall
have the right to jointly use any Transmission Facilities and/or roads on the Property for ingress
to and egress from the Transmission Facilities. The assignor under any assignment hereunder
shall be released from obligations and liabilities accruing after the date such obligations and
liabilities are assun1ed by the assignee, to the extent assumed by the assignee. The assignee under
any assignment of this Agreement shall assume the obligations and liabilities accruing hereunder
from the date and to the ex tent such obligations and liabilities are assigned by the assignor.
Grantee shall pro vide Grantor with the name , address and contact information for any as signee s
P age 3 of 13
or subassignees hereunder for notice purposes, as well as a copy of any recorded document
evidencing such assignment.
9. Compliance with Laws . Grantee shall comply with all laws, regulations and rul es
governing the erection, construction, reconstmction, replacement, removal, maintenance a11d use of
the Transmission Facilities. Gra11tor agrees to cooperate fully a11d promptly with Grantee, so long
as such work is accomplished at no out-of-pocket cost to Grantor, a11d to join in all applications
for pem1its, licenses and governmental approvals or requests for other instruments if necessary
for purposes of the intended use or development of the Easement Area or the Property .
10. J'vfaintenance; Costs. Grantee shall have the right to make all foreseen and unforeseen
and ordinary a11d extraordinary changes and repairs which may be required to the Transmission
Facilities, and shall maintain and keep the Easement Area in good order, repair and condition,
including but not limited to trinnning, cutting and removing trees and U11derbrush anywhere on
the Prope1iy as reasonably necessary if any limbs, branches or other parts are within or overhang
the Easement Area. When Grantee perfomis such maintenance activities, Grantee shall remove
all debris created (such as, but not limited to, tree limbs, underbrush, etc.) a11d dispose of such
debris offsite. All costs and expenses incident to the erection, construction, reconstruction,
replacement, removal, repair, maintenance and use of the Transmission Facilities, including the
trimming and cutting of any trees and widerbrush, shall be borne by Grantee.
11. Grantor's Right to Use the Easement Area. Notwithstanding the reservation of
exclusivity in Section 1 of this Agreement, Grnntor retains the right to use the Property , including
the Easement Area, for all purposes not inconsistent with, and which will not interfere with, the
rights granted to Grantee by this Agreement, including, without limitation, dry land famling on the
Prope1iy . Specifically, but without limiting the generality of the foregoing, (i) Grantor shall not
1mde1ialce or allow any digging , tunneling or other form of construction activity in the Property
which would disturb or damage the Transmission Facilities, unearth, obstruct or interfere with
the operation and use of the Transmission Facilities or endanger the lateral support to the
Easement Area or Transmission Facilities, and (ii) Grantor shall not grant other persons
easement rights in the Property if such easement rights shall in any way interfere with the
easement rights granted Grantee under this Agreement. The pariies agree that dry lar1d farming
practices employed on the Prope1iy as of the Effective Date are consistent with, and shall not
interfere with, Grantee's rights 1mder this Agreement.
12. Indemnity. Graritee shall, at all times, save ar1d hold hamiless and indemnify Grantor, its
officers, partners , agents, contractors ar1d employees, from and against all losses, darnages,
expenses, claims, demar1ds, suits ar1d actions for personal injuries and property darnage outside the
Easement Area, to the extent caused by the negligence or willful misconduct of Grar1tee, its
officers, partners, agents, contractors arid employees.
13. Quiet Eni oyment. Grantor represents ar1d warTar1ts to Grantee that Gran tor has good
title to the Prope1iy and the Easement Area arid warrants title to arid quiet enjoyment of the
Transmission Easement, Access Easement and the Easement Area by Grantee and Grantee arid
Grantee's members, managers , agents, licensees, contractors, subcontractors, lessees, sublessees,
morigagees, successors, and assigns against the lawful claims and demands of all persons
whomsoever. Grantor shall cooperate with Grantee, at Grantee's sole expense, to obtain a non-
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· disturbance agreement or other appropriate agreement from any party that holds a lien, easement,
lease , mortgage, deeds of trust, mineral or oil and gas right, option to purchase or lease, or any
other encumbrance or exception to Grantor 's fee title ownership of the Property, recorded or
unrecorded (collectively, "Liens"). A non-disturbance or other agreement is an agreement
between Grantee and Grantee's successor and assigns and a holder of a Lien which provides that
the holder of the Lien subordinates its rights under the Lien and shall not disturb or interfere with
any of the rights or benefits granted under this Agreement or terminate or ex tinguish this
Agreement. Grantor agrees to satisfy and pay when due all obligations under any Lien affecting
the Property including any taxes and assessments. If Grantor fails to satisfy and pay when due
all obligations under any Lien, Grantee shall be entitled (but not obligated) to make payments in
fulfillment of Grantor 's obligations to the holder of the Lien and may offset the amount of such
payments from amounts due Grantor under this Agreement or seek reimbursement from Grantor,
which amounts Grantor agrees to promptly pay upon written demand.
14. Surface Damage. In the event that Grantor suffers damage to crops, grass, soil, fences,
trees, and other property or improvements on the Property as a result of Grantee's construction,
reconstruction, replacement, removal, maintenance, operation and use of the Transmission
Facilities, Grantee shall pay Grantor fair compensation for any such losses or damage caused by
Grantee , and, if the parties cannot reach agreement as to the amount which would constitute fair
compensation, either party may pursue all remedies av ailable to such party at law. Should a
growing crop be dan1aged or destroyed by Grantee , "fair compensation" for purposes hereof shall
be calculated in acco r dance with the rate of the average production per acre in the general area as
determined by the local NRCS Office , multiplied by the current market price. Should a tree be
damaged or destroyed by Grantee, "fair compensation" for purposes hereof shall be calculated in
consultation with Colorado State University's Agricultural Experiment Station and Cooperative
E:>..'tension Service. Grantee will take reasonable care when removing top soil, to separate said top
soil from the subsoil, and to restore said top soil to the surface to the satisfaction of Grantor, so as
to, as nearly as is commercially practicable, restore the land to its original state after both
construction on the Property and operations on the Easement Area have been completed, and shall
use commercially reasonable efforts to remediate any soil settling identified by Grantor for a
period of three (3) years after completion of construction of Transmission Facilities on the
Property. Other than as expressly set forth herein, Grantee shall not be responsib le to pay Grantor
any losses of income, rent, business opportunities, profits or other losses arising out of Grantor 's
inability to grow crops or otherwise use the Easement Area.
15 . Financing.
15.1 Grantee may collaterally assign, mortgage or otherwise encumber its interest in
this Agreement to a Financing Party (as hereinafter defined) under a Mortgage (as hereinafter
defined). The term "Financing Party" means any institution (including any trustee or agent of
behalf of such institution) providing debt or other financing to Grantee or its successors or assigns .
The term "Mortgage" shall mean any mortgage, deed of trust, deed to secure debt or other security
instrnment by which Grantee's interest under this Agreement is mortgaged, conveyed, assigned or
otherwise transferred to secure a debt or other obligation to a Financing Party. Each Financing
Party who provides notice to Grantor of its Mortgage shall be referred to as "Mortgagee." In the
ev ent any such Mortgage is granted , the Mortgagee thereunder shall, for so long as its Mortgage
remains in effect, be entitled to the protections described in the following pro v isions of thi s
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Section 15, upon delivery to Grantor of written notice of its name and address.
15 .2 So long as any Mortgage remains in effect, this Agreement shall not be
modified, and Grantor shall not accept a surrender of the Property or a termination or release of
this Agreement prior to the expiration of the term hereof, without the prior consent of all
Mortgagees.
15.3 Grantor, upon providing Grantee any notice of (i) default under this Agreement
or (ii) termination of this Agreement, shall at the same time provide a copy of such notice to each
Morigagee. Such M01igagee shall have the same period, after the giving of such notice , for
remedying any default or causing the same to be remedied (but shall have no obligation to remedy
or cause the remedy of any default), as is given Grantee after the giving of such notice to Grantee
to remedy the default specified in any such notice. The Morigagee shall have the absolute right to
do any act or thing required to be performed by Grantee under this Agreement, and any such act
or thing performed by a Mortgagee shall be as effective as if done by Grantee itself. Following
acquisition of Grantee's easement interest hereunder by the Mortgagee or its assignee or
designee as a result of foreclosure of Grantee's easement interest or assignment of Grantee's
easement interest in lieu of foreclosure, or by a purchaser of Grantee's easement interest at a
foreclosure sale, tbis Agreement shall continue in full force ru1d effect and the Mortgagee or
other pariy acquiring title to the easement estate shall, as promptly as reasonably possible,
commence the cure of any defaults hereunder and thereafter diligently process such cure to
comp letion; provided, however, the Mortgagee or other pruiy acquiring title to the .easement
estate shall not be required to cure those defaults which are not reasonably susceptible of being
cmed or perfonned by such pariy ("Non-curable Defaults"). Non-curable Defaults shall be
deemed waived by Gra11tor as to ar1y pariy acquiring title to the easement estate upon completion
of foreclosure proceedings or acquisition of Grantee's interest in this Agreement by such pariy.
Upon the subsequent sale or other transfer by the Mmigagee or other acquiring pariy of the
easement interests acquired pursuant to foreclosure or assignment in lieu of foreclosure , the
Mortgagee or other acquiring pariy shall have no fmiher duties or obligations hereunder arising
after the effective date of such subsequent sale or other transfer. Neither the bankruptcy nor the
insolvency of Grantee shall be grounds for terminating this Agreement.
15 .4 Grantor shall execute such estoppel certificates ( certifying as to such matters
as Grantee may reasonably request, including, without limitation, that no default then exists
under this Agreement to Grantor's knowledge, if such be the case) and/or consents to assignment
and/or non-disturbar1ce agreements as Grantee or any Mortgagee may reasonably request from
time to time.
15.5 Without limiting any other provisions of this Agreement, including Section
19 , in the event Grantor wishes to te1111inate this Agreement as a result of ar1y default by Grantee
liereunder after expiration of any applicable period of notice and cure, Grantor shall give prompt
notice to the Mortgagees, and shall not tenninate this Agreement w1less and until it has complied
with this Section and M01igagees have elected not to respond to Grantor's notice within the
period hereinafter described . Grantor shall, upon written request of th e first priority Mortgagee,
made within foriy ( 40) days after notice to such Mortgagee, enter into a new easement agreement
with such Mortgagee, or its designee, within twenty (20) days after the receipt of such request.
Such new easement agreement shall be effective as of the date of the tem1ination of this
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Agreement by reason of default by Grantee, and shall be for a perpetual term (subject only to any
ternrination rights expressly set forth in this Agreement) and upon the same terms, covenants,
conditions and agreements as contained in this Agreement. Upon the execution of any such new
easement agreement, the Mortgagee shall agree in writing to perfonn or cause to be performed
all of the covenants and agreements set forth in this Agreement to be performed by Grantee to
the extent that Grantee failed to perform the same prior to the execution and delivery of the new
easement agreement.
16 . Notices. All notices, requests and communications (each, a "Notice") under this
Agreement shall be given in writing, by (i) personal delivery ( confirmed by the courier delivery
service), or (ii) first class certified mail, postage prepaid, return receipt requested, to the
individuals and addresses indicated below:
(a) If to Grantor:
City of Englewood/ City of Littleton
c/o Littleton/Englewood Waste Water Treatment Plant
Attn: Operations Manager
2900 South Platte River Drive
Denver, Colorado 80110-1460 Facsimile: ______ _
(b) If to Grantee:
BP Wind Energy North America Inc.
700 Louisiana, 33 rd Floor
Houston, TX 77002
Attention: Land Manager
Facsimile: (713) 354-2120
( c) If to Mortgagee:
At the address indicated in Mortgagee's notice sent to Grantor under
Section 15 .1 hereof.
Except as expressly provided herein, any Notice provided for herein shall become effective
only upon and at the time of first receipt by the paiiy to whom it is given, unless such Notice is
only mailed by certified mail, return receipt requested, in which case it shall be deemed to be
. received five (5) business days after the date that it is mailed. Any paity may, by proper written
notice hereunder to the other pfiliy, change the individual address to which such Notice shall
thereafter be sent.
17. Legal Matters .
(a) This Agreement shall be construed and enforced in accordance with the laws
of the State of Colorado , excluding the choice of law provisions thereof.
(b) The parties agree that any rule of construction to the effect that ambiguities
are to be resolved in favor of either paiiy shall not be employed in the interpretation of this
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Agreement. No waiver by a party of any provision of this Agreement shall be deemed to be a
waiver of any other provision hereof. The use of the neuter gender includes the masculine and
feminine, and the singular nwnber includes the plural , and vice versa, whenever the context so
requires. The te1111s "include", "includes" and "including", as used herein, are without limitation.
Captions · and headings used herein are for convenience of reference only and do not define, limit
or otherwise affect the scope, meaning or intent hereof. The term "hereof' or "herein" means the
entirety of this Agreement w1less otherwise indicated.
18 . Integration; Amendment. This Agreement, when executed, approved and delivered,
together with all exhibits attached hereto, shall constitute the entire agreement between the
parties and there are no other representations or agreements, oral or writien, except as expressly
set forth herein. This Agreement may not be amended or modified except by a written
agreement signed by the parties hereto.
19 . Default; Remedies. If any party should fail to perform any of its obligations under this
Agreement within thirty (30) days after the other party has given such paity written notice of
such failure ( or such longer period if the failure cannot be cured within thirty (30) days but the
defaulting party commences such cure within thiriy (30) days and thereafier diligently prosecutes
such cure to completion), including failme to make any payments due hereunder, then the non-
defaulting party shall have the right, at its option ai1d without further notice, but subject to the
limitations set forth in the last sentence of this section, to exercise, in addition to ai1y remedies
expressly set forth in this Agreement, any and all remedies available in law or in equity, and any
court enforcing the rights ai1d dutie s granted in this Agreement shall have the power (insofar as
that p ower may be granted by contract) to issue restraining orders or injunctions as necessary to
enforce the provisions of this Agreement. Notwithstai1ding the foregoing or ai1y rights at law or
equity, neither this Agreement nor the rights of Grai1tee granted hereunder shall be terminated
under any circumstances.
20. Further Assmai1ces. Each party agrees that it will without :fmther consideration execute
and d el iver such other documents and take such other action as may be reasonably requested by
the other party to consummate more effectively the purposes or subject matter of this Agreement.
The parties aclmowledge ai1d agree that the provisions of this Section and Section 22 shall survive
the execution ai1d recording of this Agreement, and the Grantee may seek specific performance of
said Sections, together with such other legal and equitable remedies as may be provided by law.
21. Inaccuracy of Legal Description or Ownership. In the event of ai1y inaccuracy in the
description of the Property or Easement Area in E xhibit A or Exhibit B, respectively, or in the
description of the paities in whom title to the Property is vested, Grantor ai1d Grantee shall
ainend this Agreement to c6n-ect such inaccuracy in order to accomplish the intent of Grantor
and Grantee.
22. Recording. Grantor and Grantee agree that thi s Agreement (without the Fee Schedule)
shall be recorded in the official real property records of Arapahoe County.
23. Severability. If any tem1s or provisions of this Agreement are deemed to be invalid or
un enforceable, the remainder of this Agreement shall not be affected thereby.
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24. Counterparts . This · Agreement may be executed in multiple counterparts, each of
which shall be deemed to be an original agreement, and all of which shall constitute one
agreement.
[signature pages follow]
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IN" WITNESS WHEREOF, Grantor a11d Grantee have caused this Agreement to be
executed ai1d delivered by their duly authorized representatives as of the Effective Date.
"GRANTOR"
City of Englewood
By:
Na111e: James I<. Woodward, Mayor
Date:
STATE OF Colorado
COUNTY op Arapahoe
)
) ss
)
The fo1:egoing instrument was aclmowledged before me this __ day of _____ , 2011, by
Jame s K. Woodward as Mayor
of the City of Engle-wood, perso nally lmown to me ( or proved to me on the basis of satisfactory
evidence) to b e the person v,1l10se name is s ubscribed to the within instrument and aclmowledged
to me that he executed the same .in his authorized capacity on his own behalf.
Witness my hand a11d official seal.
Notary Public for the State of _______ _
My. cmTu"'Uissi on expires:
Conm1ission No.
[SEAL]
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"GRANTOR"
City oJf JUWetoill
By:
Narne:
Date:
STATE oF Cnlo rado )
) ss
COUNTY OJ/ fdro.-po..ho e, )
· The Jo.re.going instrumeµt was a9l91owled,geq 'befo;reme tµis • 3t:>¾ay of :Sune... 20'11, by
mo.~or as
of the City of Littleton, personally lmow1i to nie (or p.ro.v.ed to u.it3 on the basis of satj:sfoctqry
evidence) to be the person whose 11ame is ,slibscribedto the within instnm1.ent anci ackno:wl$dged
to me tµat lie ex.ecuted the same in his authorized-capacity on his ovvnbehalf.
Witi'less ·my hand c].nd ·offici.al seal.
NotaryPubhc fQrthe ~t~te Qf Colo ca,do
My .corntn ission expireq ,:
Commission No.
"GRANTEE"
BP \Vind Energy North America Inc.
By:
Title:
Date:
STATE OF
) ss
COUNTY OF ______ _,
On ___ , 2011, before me, ______________________ _
Notary Public, personally appeared ______________ , the _____ _
of BP WIND ENERGY NORTH AMERICA INC., personally lmown to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument the person or the entit y upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal.
Notary Public
My Commission Expires: ______ _
Page 12of 13
Exhibit A
THE PROPERTY
The Premises is all of the following tracts or parcels of land, situated in Arapahoe
County, State of Colorado, more paiiicularly described as follows:
sedtion 17, Township 4 Bout;h, '.Range 57 West of the 6th P.M., .EXCEPT tha :West
40 feet and the south 4 0 feet ~hereof as described in Quit Claim Deed recorded
September 8, 1948, in Boo~ 616, Page 128,
County o:t; Ar1;1.pahoe·,
Stat.e of Colo:r:ado. ·
1/i.t'li, 01?' SB.CT'l.mill :!:.Bi. ·~t."B:it'T VJ?. ~T •~-~ E:tilJIT; .
'1'?.if'!El. NO'R.TH om,~mu.iJ? 10!.F ~ECT:n:10:N :t:s , i __ :~~F--'lr ''!"H'E -~-T ,1t,I!) !w.Sl!IT r
'!'.'!DB: I'!O~TH QN"B -~~ 1 EX:ClEf~T 'Mi 1Wfl1'..:ST. ,4(), ~~~-•
~ so~mST ·OOAR'.TEIRJ' mrt.C~:E.1".f 'n:lS ~E\B1: 40 E.1'.S&~ t
.~ ·T,ID!( ~D::E~ffi -ON!al'-'·~'Er O.·P ~nm .. ootrr.11l~ST 1QiJ.AR,TEg ,p.:i;' ,S;JmCT'!:100'
,i1:li'.ll • II
MtL '1'N "J:--C~WNSIJ:Ilt 4J S:DITT'E! ~GE ~-~· ~Ec\S'T 101l: T~B: 1Gw IE"J.tU.ff'CI'.!i.ll MHP,;J[i!M1.; . co/mny OF .~i.~&.i.trurq(fil.: . siJTl'I',B O.lr' ,C."'G(~O"
In the event of inaccuracies in the foregoing legal description, Grantee and Grantor shall
modify this Exhibit "A" to correct the inaccuracies.
Tax Reference
Parcel 1993-00-0-00-024
Parcel 1993-00-0-00-004
Pai·cel 1993-00-0-00-006
S17-T04S-R57W
S18-T04S-R57W-
S18-T04S-R57W-
P age 13 ofl3
(599.49 acres, more/ less)
(308.72 acres, more/ less)
(305.43 acres, more/ less)
Exh ibit B
EASEMENT AREA
A 100 foot wide tract ofland generally described as:
The Nmih 100 feet of the South 130 feet of Sections 17 and 18, Township 4 South,
Range 57 West of the 6th PM; County of Arapahoe, State of Co lorado .
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FEE SCHEDULE
1. Annual Pre-Construction Payments. Within, thirty (30) days after the Effective Date,
and within thirty (30) days after each arrn.iversary of the Effective Date occurring p1ior
to payment being made under Section 2 below and prior to termination of this
Agreement, Grantee shall pay Grantor the sum of One Thousand Dollars ($1,000.00)
per mile of the Property included in the Ea·sement Area, witb.. a minimum payment of
$2,000.00 per year.
2. After Commencement of Construction. After commencei;nent of construction of
Transmission Facilities ·on the Easement Area; .Grantee shall pay Owner the
following:
Owner to Select Payment Optio1~:
One-Time Paymfnt:
(Check Here~ (I~itial HeYe -~ Wi~. thirty (30) days after the .
commencement of consb.11cuon of Transn11ss10n Facilities OJ;J. the Easement Area, as
detem:rined by Grantee, in its sole discretion, G:rantee shall pay Gran.tor the smn of Fifteen
Thousand Dollars ($15,000.0'0) per mile of the actual length of the Transmission Facilities
in the Easement Area, and Grantor shall not be obligated to rdmburse Grantee, and
Grantee shall not offset, any_payments previously made pw.suant to Section 1 above. In the
event Grantee installs transmission poles witl,J.in the Easement Are.a, then together with
such paynJ;(:mt, Grantee $hall · also pay Grarttor Two Thousand Five Hundred Dollars
($2,50.'0 .00) for each transmission pole that Grantee mstalls in the Easement Area.
OR
Annual P.ayments:
(Check Here _J (Initial Here _J Within thirty (30) days after comµience:1:rnmt
of construction of Transmission Facilities on the Easement Area, and thereafter within 30
days of each amriversary of the co1nmence:m~1t of conshuction for the term of this
Agree;ment, but not later than the termination of this Agreement? Grantee shall pay
Gran.tor the sum of One Thousand Five Hundred Dollars ($1,500) per mile of th~ actual
length of the Transmission Facilities in the Easement Area, such amount to be adjusted
for inflation at a rate of 2.5% per year over th,e tenn of this Agreement. If the base of the
transmission line poles are not located on Grantor's Property, but rather a portion of the
Transmission Facilities such as a horizontal cross arm or wire hangs in the airspace above
Grantor's Property ("Airspace Transmission Facilities"), then the payment is Thre~
Hundred Dollars ($300) per mile of the actual · length of the Aitspace Transmissio:p.
Facilities in the Easement Area.
Attachment 1
BP Wind Energy Easement Payment Detail Summary
Based on final Agreement language, the following is an estimation of easement payment options
(in addition to any described pre-constiuction payments):
One-Time Payment:
Within thirty (30) days after the commencement of construction of Transmission Facilities on the
Easement Area, as determined by Grantee, in its sole discretion, Grantee shall pay Grantor the sum
of Fifteen Thousand Dollarn ($15,000.00) per mile of the actual length of the Transmission
Facilities in the Easement Area, and Granter shall not be obligated to reimburse Grantee, and
Gra11tee shall not offset, any payments previously made pursuant to Section 1 above. In the event
Gra11tee installs transmission poles within the Easement Area, then together with such payment,
Grantee shall also pay Grantor Two Thousand Five Hundred Dollars ($2,500.00) for each.
transmission pole that Grantee installs in the Easement Area.
$15,000 x 2 miles= $30,000
$2,500/pole x 14 poles (800 ft spacing)= $35 ,000 + $30,000 = $65,000
$2,500/pole x 9 poles (1,200 ft spacing)= $22,500 + $30 ,000 = $52,500
Annual Payments:
Within thirty (30) days after commencement of construction of Transmission Facilities on the
Easement Area, and thereafter within 3 0 days of each anniversary of the commencement of
construction for the. term of this Agreement, but not later than the termination of this Agreement,
Grantee shall pay Grantor the sum of One Thousand Five Hundred Dollars ($1,500) per mile of
the actual length of the Transmission Facilities in the Easement Area, such amount to be adjusted
for inflation at a rate of 2.5% per year over the tenn of this Agreement. If the base of the
transmission line poles are not located on Grantor's Property, but rather a portion of the
Transmission Facilities such as a horizontal cross arm or wire hangs in the airspace above
Grantor's Property ("Airspace Transmission Facilitiesn), then the payment is Three Hundred
Dollars ($300) per mile of the actual length of the Airspace Transmission Facilities in the
Easement Area.
Year
Annua l
Payment Total
1 $3,000
2 $3,075
3 $3,152
4 $3 ,231
5 $3,311
6 $3,394
7 $3,479
8 $3,566
9 $3,655
1 0 $3,747 $33,610
11 $3,840
12 $3,936
13 $4,035
14 $4,136 ·
15 $4,239 $53,796
16 $4,345
17 $4,454
18 $4,565 $67,159
19 $4,679
20 $4,796 $76,634
21 $4,916
22 $5,039
23 $5,165
24 $5,294
25 $5,426 $102,473
COUNCIL COMMUNICATION
Date: Agenda Item Subject
July 18, 2011 11 a i Ordinance Approving BP Wind Energy
North America Inc. Easement on Byers
Biosolids Farm
INITIATED BY STAFF SOURCE
L/E WWf P Supervisory Committee Stu Fonda, Utilities Director
Jim Tallent, L/E WWfP Treatment Division Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
It is recommended that Council adopt a bill for an ordinance approving the grant of an easement to BP Wind
Energy for transmission facilities on the Byers biosolids farm.
BP is developing renewable energy programs in eastern Colorado, which require construct ion of electric
transmission lin es. The current alignment, crossing the Littleton /Englewood Wastewater Treatment Plant
biosolids farm property in Byers, is the most direct path to the nearest Xcel Energy substation near Deer Trail,
Colorado.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
BP Wind Energy North America Inc. (BP) is proposing to develop a private transmission line through Kit Carson,
Washington and Arapahoe Counties in eastern Colorado. This private transmission line will enable BP to
transport power from their prospective wind farm projects in eastern Colorado, to the Front Range power
market. The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP} Byers biosolids farm property is
within BP's area of interest for transmission line development.
Wind and transmission projects add many benefits to the local communities: payments from the transmission
right-of-way agreements provide an additional revenue stream to participating landowners with minimal impact
to existing farming and ranching operations. Construction of the transmission line will increase demand for local
supplies and services, while creating new jobs. Additionally, the tax revenue contributed to the governmental
agencies due to the construction of the generation and transmission facilities provides lon g-term benefits to the
local communities.
In May 2010, the Cities of Englewood and Littleton received a request for an easement from BP to construct a
private power transmission line (above ground) through the Byers biosolids farm. The easement would be 100
feet wide, for a 2-mile portion that would house approximately ten power transmission structures ..
The BP request package was forwarded to Hill and Robbins for review and recommendation. Copies of the
documents were sent to the Littleton and Englewood City Attorneys for review of municipal issues, while Hill and
Robbins reviewed operationa l and fee issues.
Hill and Robbins reviewed the initial agreement, indicating L/EWWTP's option is to negotiate the best deal
possible and addressed the following questions from the Supervisory Committee:
• Initial payment• BP 's initial offer of payment was $9,000 per mile, post construction. Pre-construction
payment would be $1,000 per mile to hold the easement before construction . These would be one-time
only payments. Final negotiated payment is $1 5,000/rnile plus $2,500/tower constructed.
• Power of condemnation -BP can use condemnation for utility purposes.
• Confinement of easement • The easement will be confined to a certain strip of land at one end of the
property, which must be restored, post construction , to its pre-construction condition acceptable to
Littleton and Englewood.
• Farmer access -The existing dry land farming activities are specifically described in the draft agreement
as a use that is compatible with the easement. The farmers do not think it will be difficult to work
around the structures.
• Devaluation of adjacent property• Factored in as part of the consideration to be paid to the Cities .
• Non-exclusive• The easement should be exclusively for power transmission , not for eventual pipeline or
cable, and that it should include a strong restoration condition requiring BP to restore any land disturbed
by the construction of the power line back to original condition over a three-year period.
• Guarantee of structure removal upon termination of agreement -Verbiage added to provide either a
removal bond or reimbursement for reasonable out-of-pocket costs of removal and restoration incurred by
owner.
• Other restrictions • The voltage has also been restricted, and other communication lines are not allowed
with the proposed agreement.
FINANCIAL IMPACT
Easement payments are offered as applicable annual pre-construction payments of $1 ,000 per mile or minimum
$2,000/year J2.llJ1 either: 1) One-Time Payment or 2) Annual Payment. One-Time Payment option is estimated
to range between $52,500 and $65 ,000, while the Annual Payment option would take between 15-18 years to
realize the same amount.
Following final agreement development, an evaluation of payment options was completed and , although there
may be potential for very long-term revenue benefits, the One-Time Payment option is recommended.
LIST OF ATTACHMENTS
Littleton BP Ordinance
Original Communication with BP
Power Line Alignment
Tower and Wind Farm Information
Proposed Bill for an Ordinance
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
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23
24
25
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27
28
29
30
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32
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42
CITY OF LITTLETON, COLORADO
ORDINANCE NO.~
Series of 2011 Cer-r)ane c_ and Co I e...,.
INTRODUCED BY COUNCILMEMBERS:
AN ORDINANCE OF THE CITY OF LITTLETON,
COLORADO, APPROVING BP ENERGY EASEMENT ON
BYERS BIOSOLID FARM
WHEREAS, BP Wind Energy North America (BP) is proposing to develop a
transmission line across property owned, in part, by the City of Littleton; and
WHEREAS, City Charter, Section 59, requires that all conveyances of an interest in
land by the city shall be signed by the president of the council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF LITTLETON, COLORADO, THAT:
Section 1: The proposed Easement between the City of Littleton and BP Wind
Energy North America, Inc. attached hereto is approved.
Section 2:
transmission easement.
The City Attorney will be authorized to make minor changes to the
Section 3: Severability. If any part, section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the
validity of the remaining sections of this ordinance. The City Council hereby declares that it would
have passed this ordinance, including each part, section, subsection, sentence, clause or phrase
hereof, irrespective of the fact that one or more parts, sections, subsections, sentences, clauses or
phrases may be declared invalid.
Section 4: Repealer. All ordinances or resolutions, or parts thereof, in conflict
with this ordinance are hereby repealed, provided that this repealer shall not repeal the repealer
clauses of such ordinance nor revive any ordinance thereby.
INTRODUCED AS A BJLL at a regularly scheduled meeting of the City Council of
the City of Littleton on the~ day of T U,r\12.... , 2 011, passed on first reading by a vote of ..]_
FOR and jJ_ AGAINST; and ordered published by posting at Littleton Center, Bemis Library, the
Municipal Courthouse and on the City of Littleton Website.
1
Ordinance No.
Series of2011
Page2
2 -:f {,J,:of
PUBLIC HE.ARINU on the Ordinance to take place on the af day of
, 2011, in the Council Chambers, Littleton Center, 2255 West Berry Avenue,
3 Littleton, Colorado, at the hour of7:00 p.m., or as soon thereafter as it maybe heard.
4 PASS ED on second and final reading, following public hearing, by a vote of lo
0 ':'.\ls+ -5 FOR and --AGAIN-ST on the a, ~ day of , I Ltne , , 2011 and ordered
6 published by posting at Littleton Center, Bemis Library, the Municipal Courthouse and on the City
7 of Littleton Website.
8
9 ATTEST:
10 ~~ \ c_lwlc 11 \
12
13
14 APoRol AS TO FORM:
15
16 l ·,-~
17 CITY ATTORNEY
18
19
bp
BP Wind Energy
Idaho. Goshen North wind rann .
Site mobmzation for the 124.5 MW Goshen N orth wi nd farm started on March 16. 2010. Located on an
11.000 acre site approl<im ately 10 miles east of the city of Idaho Falls. the Goshen North wi nd farm will
utifize B3 GE xfe wind turbine g enerators, each with a rated capacity of 1.5 MW. The project will employ
approximately 250 workers during ?f!ak oonstruction and is expected to be in commercial operation by
year end.
A v:iew of the wberettle lay down yard will be located for Goshen North, Idaho.
If you 1,,'<IOIJld 1kt: more .t.'lfonna.."l;)."J ,about 9? VJ! 3 E.'iletgy please ..:ontad.
,;_..,,..anc:!a Abbott Ot!-ect01. ~":E-:mmern anti .Pu!>l1cAffairs at a:bb!Y.t??@bp c:;nvf713} '3...~ 2 100
b p
BP Wind Energy
BP Wind Ener gy
Power f or the U.S., from the U.S.
BP Wind Energ y is one of the leading wi nd developers in the U.S. with a portfo!io that includes the
opportunity to develop almost 100 projects in 25 States. We have over 1 .200 MW in commeretal
operation and more than 1.000 MW in an advanced stage of development.
The Cedar Creek I Wind Farm, Weld County, Colorado ..
BP Wind Energy currently has interests m eight operafing wind farms .
Ca lifornia. The Edom Hills wind farm .
The wi nd proj ect became operational In September 2008 and 1s owned and operated 100% by BP Wind
Energy. Located in the San Gorgonio Pass. California the wind farm was a re-powering proiect of an
existi ng 1 1 MW wind energy facility which saw 139 wi ndmatics replaced with 8 Clipper Li berty 2 .5 MW
turb ines increasing the power to 20 MW. There is an exi sting power purchase agreement with
Southern California Edison
Colorado. The Cedar Creek wi nd farm.
The wi nd farm is !ocated in Weld County. Colorado and is a development venture between BP and
lnfigen . The 300.5 MW wind-power facility uti lizes 274 wi nd turbines and became operational in
December 2007. Power from the Cedar Creek wm d farm 1s sold under a !ong-term contract to the Public
Service Company of Colorado, a subsidiary of Xcel Energy Inc.
b p
BP Wind Energy
Kansas. The Flat R idge I wi nd farm.
Located m Barber County some 60 miles southwest of Wichita. Kansas the project utilizes 40
Cl ipper 2.5 MW wind turbine generators and became commercially operational in February 2009.
W estar Energ y. Inc. owns 50% of phase I of the wind farm and is purchasing from BP 50 MW of the
physical power generated under a long-term power purchase agreement
The Fowler Ri dge I Wmd Farm, Benton County, Indiana.
Indiana. The Fowl e r R1doe I wi nd fann.
Located i n Benton County about 90 m iles n orthwest of Indianapolis, phase I of the Fowler Ridge Wind
Farm became ope rational in Maren 2009. The first phase utilizes 222 wind turbines -182 Vestas V-82
1. 65 MW turbines and 40 Clipper C-96 2 .5 MW b..ublnes -producing 400 MW of clean energy . BP and
Dominion are partners for 301 MW of phase o ne , with BP retaining sole ownership of 99 MW.
Phase II of the Fowler Ridge Wind Farm became operational in December 2009 . Phase II utilizes 133
G E SLE turbines each with a rated capacity of 1 .5 MW producing 200 MW of clean energy. BP and
Sem pra Generation are 50 percent joint venture partners in the wind farm . Power from Phase II has
been sold under four, long-term 50 MW po we r purchase agreements.
South Dakota. T he Titan 1 wind farm.
Located on a 7 500-acre site south of !he town o f Ree Heights, the Titan I W ind Farm is 100% owned by
BP Wind Energy and became operational in December 2009 . Phase I utilizes 10 Clipper wind turbines
each with a rated capacity of 2-5 MW producing 25 MW of clean energy . The power from the Titan I
Wind Farm has been sold under a loJJg-term power ,p urchase agreement.
BP Wind Energy
Texas. The Sherbmo I and Silver Star I wind farms .
The 150 MW Sherbino I wind farm became commercially operational in October 2008. Located some
40 miles east of Fort Stock!on in Pecos County . Texas the project is a joint venture between BP and
NRG Energy. Phase I utilizes 50 Vestas 3 MW wind turbine generators. Power produced from phase I
will be delivered into the Electricity Reliability Council of Texas {ER COT) transm ission system and sold
on the wholesale power market.
The Silver Star I Wind Fann, Erath and Eastland Counties, Texas .
The 60 ~ Silver Star I wind farm located 80 miles southwest of the Dallas/Fort Worth metropolitan
area became operati onal on September 24 . 2008. The project util izes 24 Clipper Windpower 2.5 MW
liberty turbines and is owned and operated 100% by BP Wind Energy .
' '
l(i{!'
P.VEAA GE HEIG\.fT
I
!
I: 50' TYPICAi.
Note:
For illustration only -
Actual structure type and design may vary.
230kV H-FRAME
STRUCTURE VIEW
APP::.OA 63'
1-1,P?ROX. 2'1'-
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1CQ' PRCl?OS ED P.15 H i ....Qr.J/•'AY
NOTTO SCALE
Note:
For illustration only -
230kV H-FRAME
PROFILE VIEW
-----------800-1200FT SPAN-----------
I --------------+--------------
25FT TYPICAL
GROUND CLEARANCE
22 FT MINIMUM CONDUCTOR
GROUND CLEARANCE
Ac, •al structure type and design may vary.
NOTTO SCALE
~~,:;;~ LON ETR EEEN ERGY
~:::/, o. ASSOCIATES, LLC
Timothy A. Butler
Independent Representative for LoaeTree Energy & Assoc., LLC
Contract Agents for BP Wind Energy North America, Inc.
P.O. Box 1686, C11Htlc Rock. Colorado 80104
May 13, 2010
Jim Tallent, Operations Division Manager
Englewood/Littleton Bi/City Water Treatment Plant
2900 South Platte River Drive
Englewood , Colorado 80110-1460
Dear Mr. Tallent:
Attached is BP Wind Energy's (BP) standard information and easement request packet.
Essentially, BP is developing an electric transmission line from Eastern Kit Carson County, Colorado to
Xcel Energy/PSCo's proposed Missile Silo Substation located north of Deer Trail, Colorado. This
transmission line will be used in conjunction with one or more of the renewable energy wind projects
under development in Eastern Colorado .
The transmission corridor will cross the northern portions of Sections 17 and 18, Township 4 South,
Range 57 West of the 6th PM, Arapahoe County, which are titled to the City of Englewood (50%) and
City of Littleton (50%).
Once you have reviewed this material, 1 would like to speak to you or your representative in regard to the
proper procedure for advancing this request.
I may be reached at (303) 507-9600 or tabutlcr(i))vi:mcst.nct.
Sincerely,
Tim Butler, Contract Agent
Cc: Mark Wengierski, BP Wind Energy North America Inc.
Andy Horvat, LoneTree Energy & Assoc. ,
BP Wind Energy
May 13,2010
Jim Tallent, Operations Division Manager
Englewood/T .ittleton Bi/City Water Treatment Plant
2900 South Platte River Drive
Englewood, Colorado 80110-1460
Dear Mr. 'l'allenc;
O
bp
. . .
.
Mark E. Wengidrski
!31' Wind Energy North America Inc.
700 l..ouisiana St., 33'~ Floor
Houston, TX 77002
Phone : 713-354-4812
Fax: 7 I 3-354-2120
Email : rnark .wengierski@bp .com
As you may know, BP is proposing to develop a private transmission line through Kit Carson,
Washington and Arapahoe Counties in eastern Colorado. This private transmission line will
enable BP to transport power from their prospective wind farm projects in eastern Colorado, to
the Front Range power market. Your property is within BP 's area of interest for transmission line
development.
Wind and transmission pr~jects add many benefits to the local communities: payments from the
transmission right of way agreements provide an additional revenue stream to participating
landowners with minimal impact to existing farming and ranching operations. Construction of
the transmission line will increase demand for local supplies and services, while creating new
jobs. Additionally, the tax. revenue contributed to the governmental agencies due to the
construction of the generation and transmission facilities provides long-term benefits to the local
communities .
I have included an infonnational package for your review which includes a brief description of
BP's active projects, including the Cedar Creek I Wind Farm in Weld County, Colorado, a
Transmission Easemrnt Agreement for your review, sample drawings, and other related
documents.
BP would appreciate the opportunity to discuss our transmission development plans with you .
LoneTree Energy has been contracted by BP to assist in its transmission right of way acquisition
efforts. Tim Butler a I.ind agent with LoneTree Energy, will be in contact with you shortly, or
you may contact Tim at vour convenience at (303) 507-9600 or tabutler@viawest.net.
Jf you have any questions or need any more information please do not hesitate to contact me.
Sincerely,
/ :)i~ :<..;.'J.,,, ·1 (
,,·,;,,.:• .
Mark E. Wengierski