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HomeMy WebLinkAboutbocc.ord.027.2001 71 IIIIIIII III IIIIII IIII IIIIII IIII II IIIIIIII IIII 08g 91//2 01 10:08R DAVIS SILVIR PITKIN COUNTY CO R 0.00 D 0.00 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING AN EASEMENT TO THE ASPEN CONSOLIDATED SANITATION DISTRICT ON PROPERTY OWNED BY PITKIN COUNTY AND LOCATED AT THE PITKIN COUNTY PUBLIC WORKS DEPARTMENT Ordinance No. 190 -2001 Recitals 1. Pitkin County is the owner of real property described as a Tract of land in Section 34, Township 9 South, Range 85 West of the 6th P.M. as more fully described in Book 437 Page 368 in the real property records of the Pitkin County, Colorado. 2. On September 27, 2000, the Board of County Commissioners approved Resolution#190-2000, Granting Major Amendment to a Special Review, Special Review and GMQS Exemption to the Pitkin County Public Works Department. 3. In order to obtain sanitation service at the Public Work Employee Housing Project and to have service available for the future development, Aspen Consolidated Sanitation District ("ACSD"), must install new underground sewer lines. These lines will be buried on county property. ACSD is seeking an easement from Pitkin County in order to install the new underground sewer lines and other such work as more fully described in Exhibit A attached hereto. 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 Aspen Consolidated Sanitation District Easement Agreement, granting to ACSD an underground right of way easement for the purpose of installing new underground sewer lines and other such work, through county property as more fully described in the easement attached hereto as Exhibit A. INTRODUCED, FI T READ AND SET FOR PUBLIC HEARING ON THE DAY OF_, I U .2001. (NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON !'eL TH DAY OF , 2001. APPROVED UPON SECOND AND PUBLIC HEARING ON THE �. TH DAY OF 92001. 457216 IIIIII IIIII IIIIII III(IIIIII IIII(IIIIII III IIIII IIII IIII 0Page: 1 of 3 8/6 2001 10:43A DAVIS SILVIR PITKIN COUNTY CO R 0.00 D 0.00 IIIIII IIIII(IIIII III IIIIIIII IIIII IIIII III IIIII(III(III 457371 Page: 2 of 3 8/9//2 01 10:08A DAVIS SILVIA PITKIN COUNTY CO R 0.00 D 0.00 Ordinance No.Of - 2001 Page 2 PUBLISHED AFTER ADOPTION IN THE 'VEEKE EDITION OF THE ASPEN TIMES ON THE_XjL_TH DAY OF 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ByAt& 6° - Jean tte Jones I Michael C. Ireland Deptt Clerk Chair Date: li 1 - 30 -0 APPROVED AS TO FORM: John M.El Hilary etcher Smith County Attorney County Manager Date: 2- Aords\2001/hce easement pw.doc 0457216 e s/001 10:43A DAVIS SILVIA PITKIN COUNTY CO R 0.00 D 0.00 z�(I­f/6/ f d ASPEN CONSOLIDATED SANITATION DISTRICT EASEMENT AGREEMENT THIS EASEMENT is made this 27 day of June 2001, by and between Board of County Commissioners of Pitkin Count' (hereinafter referred to as "Grantor") and the Aspen Consolidated Sanitation District, a quasi-municipal corporation of the State of Colorado within the County of Pitkin (hereinafter referred to as "District"). WITNESSETH That for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration paid by District to Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey unto the District, its successors and assigns, an exclusive perpetual easement, twenty (20) feet in width, and a right therein to construct, install, remove, replace, add to, maintain, repair, operate, change or alter underground sewer lines, manholes, and appurtenances thereto, as well as for ingress and egress over and across such easement; together with any and all necessary rights-of-way for convenient ingress and egress thereto and therefrom, and the right to occupy and use, from time to time, as much of the adjoining land of the Grantor as may be reasonably be necessary for any of the aforesaid purposes, over, under and across the following described premises, situate in the County of Pitkin, State of Colorado, to-wit: Located on certain parcel of land owned by the Grantor, situated in the Section 34, Co Township 9 South, Range 85 West of the 6 P.M. County of Pitkin, Colorado, described in Book , m 437 described in Page 386 , of the records maintained by the Clerk and Recorder of Pitkin r - 0 m County, and more particularly described as: r ° m m mLo f9 N C W m Grantor warrants that the Grantor has the lawful right to grant such an easement, to Co0. rights-of-way, and sewer mains and that the Grantor, and any successors and assigns, will, at no �m time, permit any building or other permanent improvement to be hereafter constructed over said mw�m easement. Following the completion of the purpose of any entry by the District upon said easement for any of the aforesaid objects, the District shall restore the premises to substantially the same condition existing at the time of entry thereon, except for trees, shrubs, plants, sidewalks, �z driveways, parking areas, or structural encroachments, whether temporary or permanent, thereon located or damaged thereby, including, but not by way of limitation, fences, decks, and landscaping structures. �a IN WITNESS WHEREOF, the parties hereto have set there hands and seals the day and J JATrST ove written. N GRANTOR: By icy k > _0&/�P, a Title l�C(_" V/C� STATE OF COLORADO ) ss: COUNTY OF PITKIN ) The foregoing EASEMENT DEED was subscribed and sworn to before me this �D✓ day of V , 2001, by - as � y�c� CNArt ��and by :TO.M M �? 'T' .)� as yvr�G'muury Cam_ c. a r� �f /fir r3C. , �o Witness my hand and official seal. My comm'ss'on expires �.L—O/—ZED/ L."Z. Oe;� of ublic i IIIIII IIIII IIIIII III IIIIIII IIII IIIIIII III IIIII IIII IIII Page:/001 10:43A DAVIS SILVIA PITKIN COUNTY CO R 0.00 D 0.00