HomeMy WebLinkAboutbocc.ord.050.19981111111 11111 IIIIII 1111111111111111111111111111111111111
424512 11/16/1998 11:29A ORDINANC DAVIS SILVI
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO GRANTING AN UNDERGROUND RIGHT
OF WAY EASEMENT TO HOLY CROSS ELECTRIC ASSOCIATION INC. ON
PROPERTY OWNED BY PITKIN COUNTY AND LOCATED BETWEEN THE
ASPEN/PITKIN COUNTY AIRPORT AND SHALE BLUFFS
Ordinance No. 98- S 0
Recitals
1. Pitkin County is the owner of real property described as a Tract of land in
Sections 27, 28 and 34 Township 9 South, Range 85 West of the 6th P.M. as more fully
described in Exhibit A attached hereto.
2. In order to get additional circuits for Snowmass Village service and in
order to remove and bury overhead power lines at the request of Pitkin County due to the
road re -location at the Aspen/Pitkin County Airport, Holy Cross Electric needed an
underground right of way easement through county owned property.
3. For reasons beyond the control of all the parties involved, the proposed
right of way easement was never executed, even though Holy Cross Electric did add the
additional circuits and buried the overhead lines.
4. The Underground Right -of -Way Easement is attached as Exhibit B and the
as -built survey is included in the easement.
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 Electric Association Inc. Underground
Right -of -Way Easement, granting to Holy Cross Electric Association an underground
right of way easement for the purpose of installing additional circuits to Snowmass
Village and for the removal and burial of overhead lines through county property as
described on the right-of-way easement attached as Exhibit B.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON
THE 14 DAY OF OCTOBER, 1998.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND
EDITION OF THE ASPEN TIMES ON 17TH DAY OF OCTOBER ,1998.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON
THE 28TH DAY OF OCTOBER, 1998.
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Ordinance No. 98- 50
Page 2
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 7TH DAY OF NOVEMBER, 1998.
ATTEST:
Jea to Jones,
De ty Clerk
APPROVED AS TO FORM:
Deborah Quinn
BOARD OF COUNTY
COMMISSIONERS
OF PITKIN COUNTY,
COLORADO
By: zr t.- cep.. 2, 44
Dorothea Farris
Chair
Date: //-/
S e Kon han
Assistant County Attorney Co Man , er
Date: /7/OF
I\ords\holyrow2.ord
HOLY CROSS ELECTRIC ASSOCIATION, INC.
UNDERGROUND RIGHT-OF-WAY EASEMENT CONTRACT # 9A- /39
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
(hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby grant unto HOLY CROSS ELECTRIC ASSOCIATION, INC., a cooperative corporation whose post office address is
P.O. Drawer 2150, 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:
Tracts of land in Sections 27, 28, and 34, Township 9 South, Range 85 West of the 6th P.M., as more fully
described in book 580 at pages 983, 989, and 994, 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 c useable
in connection therewith, together with associated equipment required above ground, within the above mentioned lands,
upon an easement described as follows:
An easement twenty (20) 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 Exhibits A and
B attached hereto and made a part hereof by reference. Said easement is also shown on a map recorded in
book 42 of the Pitkin County Book of Survey Plats at pages 7, 42 and 43, with the reception number of 403316,
in the Pitkin County Courthouse, Aspen, Colorado.
The rights herein granted specifically allow Grantee to install additional underground and/or pad -mounted facilities
within the easement described by the attached exhibits.
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 and that any damage caused to said landscaping and
improvements by Grantee during exercise of any of its rights granted by this easement shall be repaired by the Grants,,
at its expense.
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:
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.
4.
IN WIT S WHEREOF, Gyantor has caused these presents to be duly executed on this ,ti
STATE OF
) ss.
COUNTY OF
-1Q
day of
THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN UNTY, COLORADO
By:
Title: ( cam; i
The fore oing instrum was a cck owledg re me this /ifiz,
Gd. _
19 , by as g ,,A��
THE BOARD OF COUN COMMISSIONERS OF PITKIN COUNTY, COLORAO.
WITNESS my hand and official seal.
My commission expires: /6"0.6 i,/'/�-,
-loaf Apilam(
•
Notary Pu
Ad:Iress:
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424511 11/18/1988 11:28A EASEMENT IIIDAVISSIII VI
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I IIIIII IIIII IIIIII III IIIIIII IIII IIIIIII III IIIII IIII II 424512 11/16/1998 11:29A ORDINANC DAVIS SILVI
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A STRIP OF LAND 20 FEET WIDE SITUATED IN SECTIONS 27, 28, AND 34, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF
THE 6TH P.M., BEING A PORTION OF THE PITKIN COUNTY AIRPORT RANCH AND COLORADO DEPARTMENT OF
HIGHWAYS RIGHT OF WAY FOR STATE HIGHWAY NO. 82. SAID EASEMENT EXTENDS 10 FEET ON EITHER SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE: ..
COMMENCING AT A POINT ON THE EASTERLY LINE OF GOVERNMENT LOT 10 OF SAID SECTION 28 WHENCE THE
SOUTHEAST CORNER OF SECTION 28 (1913 G.LO. STANDARD BRASS CAP) BEARS S24°59'04"E A DISTANCE OF
3260.85 FEET;
THENCE 516°53'48"E, A DISTANCE OF 115.26 FEET;
THENCE 516°16'50"E, A DISTANCEOF 185.57 FEET;
THENCE 524°28'26"E, A DISTANCE OF 158.36 FEET;
THENCE 539°42'41 "E, A DISTANCE OF 60.33 FEET;
THENCE 582°07'30"E, A DISTANCE OF 146.05 FEET;
THENCE N88°36'27"E, A DISTANCE OF 289.73 FEET;
THENCE N84°30'49"E, A DISTANCE OF 91.73 FEET;
THENCE S77°00'29"E, A DISTANCE OF 56.85 FEET;
THENCE 555°08'06"E, A DISTANCE OF 70.83 FEET;
THENCE 549°25'40"E, A DISTANCE OF 590.37 FEET:
THENCE S35°18'43"E, A DISTANCE OF 147.14 FEET:
THENCE 533°04'48"E, A DISTANCE OF 264.84 FEET;
THENCE 549°03'42"E, A DISTANCE OF 281.09 FEET;
THENCE 540°16'16"E, A DISTANCE OF 193.72 FEET;
THENCE 530°3 5'48"E, A DISTANCE OF 160.90 FEET;
THENCE 543°29'38"E, A DISTANCE OF 168.07 FEET;
THENCE 548°55'27"E, A DISTANCE OF 181.47 FEET;
THENCE 552°27'10"E, A DISTANCE OF 116.87 FEET;
THENCE S52°39'S0"E, A DISTANCE OF 265.72 FEET;
THENCE 549°29'44"E, A DISTANCE OF 402.35 FEET;
THENCE 538°02'24"E, A DISTANCE OF 82.36 FEET;
THENCE S15°24'29"E, A DISTANCE OF 129.63 FEET;
THENCE 512°50'58"E, A DISTANCE OF 71.38 FEET;
THENCE S44°47'24"E, A DISTANCE OF 96.29 FEET;
THENCE N89°36'15"E, A DISTANCE OF 89.59 FEET;
THENCE 524°18'35"E, A DISTANCE OF 190.87 FEET;
THENCE 538°04'10"E, A DISTANCE OF 105.39 FEET:
THENCE S26°02'20"E, A DISTANCE OF 199.23 FEET;
THENCE S15°55'47"E, A DISTANCE OF 81.83 FEET;
THENCE 524°49'39"E,'A DISTANCE OF 249.57 FEET;
THENCE 528°23'07"E, A DISTANCE OF 171.75 FEET;
THENCE 527°55'04"E, A DISTANCE OF 441.86 FEET;
THENCE 527°15'36"E, A DISTANCE OF 636.56 FEET;
THENCE 521°26'25"E, A DISTANCE OF 117.92 FEET;
THENCE 540°47'01 "E, A DISTANCE OF 50.92 FEET;
THENCE 545°58'25"W, A DISTANCE OF 27.30 FEET;
THENCE 536°17'46"W, A DISTANCE OF 207.77 FEET;
THENCE 528°33'20"W, A DISTANCE OF 100.29 FEET;
THENCE 568°32'33"W, A DISTANCE OF 27.10 FEET TO THE POINT OF ENDING.
BASIS OF BEARINGS: SE CORNER OF SECTION 28 (1913 G.LO. BRASS CAP) TO WITNESS CORNER TO THE EAST 1/4
CORNER OF SECTION 28 (1913 G.LO. BRASS CAP) N01 °1 T18"W 2,748.39 FEET.
111111111111111111111111111111111111111111111111111111
424511 11/16/1998 11:28A EASEMENT DAVIS SILVI
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W/O#97.15114:78 and 83:Brush Creek Cable Replacement 1 2-8-97
sarM°rwaaw.
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EXHIBIT B
A STRIP OF LAND 20 FEET WIDE SITUATED IN SECTIONS 27, 28, AND 34, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF
THE 6TH P.M., BEING A PORTION OF THE PITKIN COUNTY AIRPORT RANCH AND COLORADO DEPARTMENT OF
HIGHWAYS RIGHT OF WAY FOR STATE HIGHWAY NO. 82. SAID EASEMENT EXTENDS 10 FEET ON EITHER SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT A POINT ON THE EASTERLY LINE OF GOVERNMENT LOT 10 OF SAID SECTION 28 WHENCE THE
SOUTHEAST CORNER OF SECTION 28 (1913 G.L.O. STANDARD BRASS CAP) BEARS S24°59'04"E A DISTANCE OF
3260.85 FEET;
THENCE S16°53'48"E, A DISTANCE OF 115.26 FEET;
THENCE S16°16'S0"E, A DISTANCE OF 185.57 FEET;
THENCE S24°28'26"E, A DISTANCE OF 158.36 FEET;
THENCE S39°42'41 "E, A DISTANCE OF 60.33 FEET;
THENCE S82°07'30"E, A DISTANCE OF 146.05 FEET;
THENCE N88°36'27"E, A DISTANCE OF 289.73 FEET;
THENCE N84°30'49"E, A DISTANCE OF 91.73 FEET;
THENCE S77°00'29"E, A DISTANCE OF 56.85 FEET;
THENCE S55°08'06"E, A DISTANCE OF 70.83 FEET;
THENCE S49°25'40"E, A DISTANCE OF 590.37 FEET;
THENCE S35°18'43"E, A DISTANCE OF 147.14 FEET;
THENCE S33°04'48"E, A DISTANCE OF 264.8.+ FEET;
THENCE S49°03'42"E, A DISTANCE OF 281.09 FEET;
THENCE S40°16'16"E, A DISTANCE OF 193.72 FEET;
THENCE S30°35'48"E, A DISTANCE OF 160.90 FEET;
THENCE S43°29'38"E, A DISTANCE OF 168.07 FEET;
THENCE S48°55'27"E; A DISTANCE OF 181.47 FEET;
THENCE 552°27'10"E, A DISTANCE OF 116.87 FEET;
THENCE 552°39'50"E, A DISTANCE OF 265.72 FEET;
THENCE 549°29'44"E, A DISTANCE OF 402.35 FEET;
THENCE S38°02'24"E, A DISTANCE OF 82.36 FEET;
THENCE S15°24'29"E, A DISTANCE OF 129.63 FEET;
THENCE S12°50'58"E, A DISTANCE OF 71.38 FEET;
THENCE S44°47'24"E, A DISTANCE OF 96.29 FEET;
THENCE N89°36'15"E, A DISTANCE OF 89.59 FEET;
THENCE S24°18'35"E, A DISTANCE OF 190.87 FEET;
THENCE S38°04'10"E, A DISTANCE OF 105.39 FEET;
THENCE S26°02'20"E, A DISTANCE OF 199.23 FEET;
THENCE S15°55'47"E, A DISTANCE OF 81.83 FEET;
THENCE S24°49'39"E, A DISTANCE OF 249.57 FEET;
THENCE S28°23'07"E, A DISTANCE OF 171,75 FEET;
THENCE 527°55'04"E, A DISTANCE OF 441.86 FEET;
THENCE S27°1 5'36"E, A DISTANCE OF 636.56 FEET;
THENCE S21 °26'25"E, A DISTANCE OF 117.92 FEET;
THENCE S40°47'01 "E, A DISTANCE OF 50.92 FEET;
THENCE S45°58'25"W, A DISTANCE OF 27.30 FEET;
THEN,2E S36°17'46"W, A DISTANCE OF 207.77 FEET;
THENCE 528°33'20"W, A DISTANCE OF 100.29 FEET;
THENCE S68°32'33"W, A DISTANCE OF 27.10 FEET TO THE POINT OF ENDING.
BASIS OF BEARINGS: SE CORNER OF SECTION 28 (1913 G.L.O. BRASS CAP) TO WITNESS CORNER TO THE EAST 1/4
CORNER OF SECTION 28 (1913 G.L.O. BRASS CAP) N01°17'18"W 2,748.39 FEET.
1111111 11111 111111 III IIIIIII III 11111111 III IIIII 11111111
424511 11/16/1998 11:28A EASEMENT DAVIS SILVI
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W/0#97-15114:78 and 83:Brush Creek Cable Replacement:12-8-97
bafnpe\pftklnctuge
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FARM
EQUIPMENT
CONTROL TOWER
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EXHIBIT A.
Sty 27$ k 34194, RIK OF 1E Q hi P.M.
PITKIN COUNTY
BRUSH CREEK CABLE REPIACEMENt
;SEND OF THIS EASEMENT
�
PROPERTY LINE BETWEEN
PITKIN COUNTY AIRPORT
AND COZY POINT LPA
ROW THIS SECTION TO BE
PARALLEL WITH THE EXISTING
NATURAL GAS LINE
ROW THIS SECTION TO BE PARALLEL
WITH THE HWY. 82 ROW
vp
ROW THIS SECTION TO BE FIELD
LOCATED BY PITKIN COUNTY STAFF
AND .HOLY CROSS ELECTRIC STAFF
BEGINNING OF THIS EASEMENT
EXISTING UNDERGROUND
POWER LINE
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IIII IIIII "�"� III IIj 2 I ORDINANC DAVIS SILVI
42 912 11l16/1998 11.29A 0 PITKIN COUNTY CO
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4245IIIIII 15/10IIII1:28A EASEi1iEN1 DAVIS SILVI
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q of S R 0.00 D 0.00 N 0.00 PITKIN COIMiTY C0
LEGEND
we am mar Nom PROPOSED UNDERGROUND POWER LINE
HOLY CROSS ELECTRIC
ASSOCIATION, INC.
GLENWOOD SPRINGS, COLORADO
COLORADO 34 EACH E
M,ST
SNOWMAN.
AP 0
78&83