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Home My WebLink Aboutbocc.ord.036.1998AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING AN UNDERGROUND RIGHT OF WAY EASEMENT TO HOLY CROSS ENERGY ON PROPERTY OWNED BY PITKIN COUNTY AND LOCATED AT THE ASPEN/PITKIN COUNTY AIRPORT Ordinance No. 98-36 Recitals 1. Pitkin County is the owner of real property at the Aspen/Pitkin County Airport, more fully described as a Tract of land in the NE Section 3, Township 10 South, Range 85 West of the 6th P.M. as more fully described in Book 195 Page 517, Book 202 Page 270, Book 323 Page 639, Book 335 Page 369 and Book 335 Page 380 in the real property record of Pitkin County. 2. The Rental Car Companies are in the process of building an Airport Carwash and Refueling Center at the airport. 3. In order to obtain electrical service at the new proposed carwash and refueling center, Holy Cross Energy must install new underground lines. These lines will be buried on county property. Holy Cross Energy is seeking a right of way easement from Pitkin County in order to install the new underground lines. 4. The proposed Underground Right -of -Way Easement is attached as Exhibit A. 5. Holy Cross Energy will provide the county with an as built survey after completion of the project. NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado that the Board of County Commissioners does hereby authorize the Chair to sign on its behalf, the Holy Cross Energy Underground Right -of -Way Easement, granting to Holy Cross Energy an underground right of way easement for the purpose of installing new underground lines through county property as described on the right-of-way easement attached as Exhibit A, for the new airport carwash and refueling facility. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 2ND DAY OF SEPTEMBER, 1998. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON 29th DAY OF AUGUST, 1998. 1111111 IIIII IIIIII 111111 1111 1111 IIIII1 III UM II IIII 422251 09/22/1998 02:31P ORDINANC DAVIS SIL 1 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Ordinance No. 98- Page 2 APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 9th DAY OF SEPTEMBER, 1998. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 19TH DAY OF SEPTEMBER, 1998. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO g Jones; ,(yi/Pee .� 1 R -.t/Farris frt/,'p i yrietepi Deputy Clerk Chair, 4ci" Date: /S (9 5 ! APPROVED AS TO FORM: ,County Attorn Date: 2, //5'? 1\ords\holyrow.ord `-&kk\xh 111111111111111111011111111111111111111111111111111111 422251 09/22/1998 02:31P ORDINANC DAVIS SILVI 2 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO an 11 ,/ 7ui 5-/1rna 454 County Manager CONTRACT # 7? //j. HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, COUNTY OF PITKIN, STATE OF COLORADO (hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Drawer 21 50, Glenwood Springs, Colorado (hereinafter called "Grantee') and to its successors and assigns, the right of ingress and egress across lands of Grantor, situate in the County of Pitkin, State of Colorado, described as follows: A Tract of land in NE Section 3, Township 10 South, Range 85 West of the 6th P.M. as more fully described in book 195 at page 51 7, book 202 at page 270, book 323 at page 639, book 335 at page 369 and book 335 at page 380 in the Pitkin County Courthouse, Aspen, Colorado. And, to construct, reconstruct, repair, change, enlarge, re -phase, operate, and maintain an underground electric transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in connection therewith, together with associated equipment required above ground, within the above mentioned lands, upon an easement described as follows: An easement ten (10) feet in width, the centerline for said easement being an underground power line as constructed, the approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part hereof by reference. The rights herein granted specifically allow Grantee to install additional underground and/or pad -mounted facilities within the easement described by the attached exhibit. Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the implementation and use of the rights hereinabove granted. Grantor agrees that landscaping and other surface improvements made on said easement will be minimized. Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantor covenants that it is the owner of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: of record TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this /day of i/`ste'rebee 19 �.• COUNTY OF PITKIN, SST TEOF OLORADO Title: -fin./ (4; � STATE OF (� ., •n ) ss. COUNTY OF I \I ) / The,fq+pgoing inFt un�ent was acknowled ed before me this ) eay of tt �r 19 "�cl by (4\t 11r' ,.t,•I ._::yi i( as : '.. I ' of the COUNTY OF PITKIN, STATE OF COLORADO. WITNESS my hand and official seal. My commission expires: '1 ,, -if. �/►�j,��V®��1 1 i /' v �1 \,t ry Public R 400 W/0#98-16246:78-65:Aspen Airport Car Wash:9-1-98 I 111111 11111 B111111111 1111 IIIII 111111 III 11111 IIII I"I 422251 09/22/1998 02 31P ORDINANC DAVIS SILVI 3 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Address: r 1 APPROVE) by ORDINANCE franke\pitkinco.let Revised 7-24-98 ONV1SI wnn0dn GNV -Ind D P1 > D 09 N D 2C z 0 ON!>iLldd D send _ ,, N]dSV 01 Z8 )\MH 711 IIIIII MIII pllll IIIIII IIII IIIII IIIIII III IIII IIII IIII n ➢ -0 7 C zOJ 00 0 < Fr(D X b9 422251 09/22/1998 02:31P ORDINANC DAVIS SILVI 4 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO N