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HomeMy WebLinkAboutbocc.ord.049.2001 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO GRANTING AN UNDERGROUND RIGHT OF WAY EASEMENT TO HOLY CROSS ENERGY,AND APPROVING A TRENCH, CONDUIT AND VAULT AGREEMENT WITH HOLY CROSS ENERGY, FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND PROVIDING ELECTRIC POWER FOR THE ASPEN/PITHIN COUNTY AIRPORT CARWASH Ordinance No. dYq -2001 Recitals 1. Pitkin County is the owner of real property described as a tract of land situate in Section 3, Township 10 South, Range 85 West of the 6th P.M. as more fully described in Book 195 at Page 517; Book 202 at page 270; Book 323 at page 639; Book 335 at page 369; Book 335 at page 380; and, Book 335 at page 383 in the real property records of the Pitkin County, Colorado (the"Property"). 2. In order to grant Holy Cross Energy the right of ingress and egress across the Property to construct, reconstruct, repair, change, enlarge, re-phase, operate and maintain an underground electric transmission or distribution line, or both, together with associated equipment required underground and above ground, for the Aspen/Pitkin County Airport Carwash project, Holy Cross Energy shall require an underground right- of-way easement ten (10) feet in width, through the Property, the centerline being an underground power line constructed to provide power to the Aspen/Pitkin County Carwash. 3. The easement is shown on Exhibit A to the Holy Cross Energy Underground Right-of-Way Easement agreement. 4. Additional responsibilities of Pitkin County as "Grantor" and rights of Holy Cross Energy as "Grantee", are fully described in the Holy Cross Energy Underground Right-of-Way Easement agreement. 5. The installation of the above-described underground electric service will require trench and other excavations both within and outside of the above described real property. 6. Pitkin County, as the owner of the Property, is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup needed to construct the required underground electric facilities. 7. Pitkin County and Holy Cross Energy shall enter into a Trench, Conduit, and Vault Agreement, agreeing to the rights, responsibilities and obligations as fully described in the agreement. II I II IIIIII II I I III II III IIII II III 0/0464509/ 2 12:26F SILVIA DAVIS PITKIN COUNTY CO R 6.00 D 0.00 Ordinance No. - 2001 Page 2 Underground Right-of-Way Easement, and the Trench, Conduit, and Vault Agreement, granting Holy Cross Energy an underground right-of-way easement, and agreeing to provide all excavation, conduit and vault installation, to construct, maintain and provide underground electric service to the Aspen/Pitkin County Airport Carwash. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 14`h DAY OF NOVEMBER 2001. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON 17Tn DAY OF NOVEMBER, 2001. APPROVED UP RN SECOND READING AND PUBLIC HEARING ON THE DAY OF 001. PUBLISHED ATER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE DAY OF 2001. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER ADOPTION. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: t C Je to J nes Michael C. Irel.nd D ty Clerk Chair Date: _[L -05-0/ APPROVED AS TO FORM: Jo 1n M. Ely Hilary F e cher Smith County Attorney County Manager Date: 464509 C:\home\janea\ords\holycrosscarwashord.dos IIIIIII IIIII IIIIII IIII IIIIII IIIIII(IIII III IIII IIII IIII 0Page: 2 of 4 3//01/2002 12:26F SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 IIIIII IIIII IIIIII IIII IIIIII IIIIII CO III IIII)IIII IIII 6 460 D 09012:26F SILVIA DAVIS PITKIN CO 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. 0. Drawer 2150, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across lands of Grantors, situate in the County of Pitkin, State of Colorado, described as follows: A tract of land situate in Section 3, Township 10 South, Range 85 West of the 6th P.M., more fully described by book 195 at page 517; book 202 at page 270; book 323 at page 639; book 335 at page 369; book 335 at page 380; and, book 335 at page 383. All such book and page references being those particular documents recorded and on file in the records of 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. It shall be the Grantor's responsibility to insure that splice vaults, switchgear vaults and transformer vaults installed hereunder on said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at all times. The use of such access by Grantee shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non-opening sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections will be made at the sole cost and expense of Grantor. 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. In areas where vegetation is disturbed by the above described use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized and that Grantee will not be responsible for damage to said additional landscaping or-surface improvements caused by exercise of its rights granted by this easement. 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. IN WI NESS WHEREOF, Grantor has caused these presents to be duly executed on this day of a a a 206_. COUNTY OF PITKIN, STATE OF COLORADO • „✓�, (W r11ie0}Chairman, oard of County Commissioners r STATE OF ss. ✓ COUNTY C j c{ The foregoing instrument s a owled 7before me this dpy of 20 i; b JCLf: 1 — / r�� as (Vice) Chairman of th�o Bounty - J Y o afd Commissioners, County of Pitkin, ate o Colo 0. WITNESS my hand and official seal. { ' My commission expires: J�•�� 1/ _��/ Z Notary Public '' t Address: �-3C7 Y' // taAA l.D W/O#-98-16246:78-65:Aspen Airport Car Wash:10-16-01 Veda\Franke\pRklnco.let Revised 4-16- 1 riCLY CROSS ENERGY P. O. ORA%IFk L15C �LENaOOO SPRINGS* CO 81602 IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII IIIIIIII IIIIIIIII IIII Page: 4 of 0 64509 12:26F SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 n D � � O z c� z Az I N F ti n — m r m m r � O Z n m w� D O on P� on cn n z m w m z C _ Z n u NFri Om x Z n p n PO c y (n c0 N D F- o c m C w,oA N6 59'S1"W r a 342'-4 Z2co 00 �MN co z SZ u N m C/) � m m � n n m W W O A'. O Z n N O m cn n z N m LO cn O co A stllll 11111 IN 1111111ITKI1�III YI IIIIII1111111111111CO R Page:464510 02 0at 09F � �� DAVIS PITKIN �COUNTY� ������ ��������0�640 of©212:26F 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. 0. Drawer 2150, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across lands of Grantors, situate in the County of Pitkin, State of Colorado, described as follows: A tract of land situate in Section 3, Township 10 South, Range 85 West of the 6th P.M., more fully described by book 195 at page S17; book 202 at page 270; book 323 at page 639; book 335 at page 369; book 335 at page 380; and, book 335 at page 383. All such book and page references being those particular documents recorded and on file in the records of 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. It shall be the Grantor's responsibility to insure that splice vaults, switchgear vaults and transformer vaults installed hereunder on said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at all times. The use of such access by Grantee shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four(4) feet from non-opening sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections will be made at the sole cost and expense of Grantor. 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. In areas where vegetation is disturbed by the above described use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized and that Grantee will not be responsible for damage to said additional landscaping or-surface improvements caused by exercise of its rights granted by this easement. 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 field by the following: TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges 4 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 r . 20.' / I COUNTY OF PITKIN, STATE OF COLORADO I ' lCE (�•Chtirman, oard of*County Commissioners STATE OF ; �V ;w SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20 by i,://( I .- i i 4-{__ as (Vice) Chairman of theToafd of.jQounty Commissioners, County of Pitkin, ate of Color do. u, WITNESS my hand and official seal. .� My commission expires: Notary Public 't Address: , ire W/0#-98-16246:78-65:Aspen Airport Car Wash:10-16-01 Veda\Franke\PkkincoAe Revised 4 16 01 IIIIIIII DAVIS IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 460 f 12:26F 0.00 0 0,00 n D z D D z —� cl() C/) S _ O z n c J V I � O_ N � ,p D N m Z - -{ -� m `n O qr- � Z � n m WN n0 ca D m a n Z r_ Cm m w N � m Z C (l Cl X Om Z � c D n � Oc Z G 7j \ Z C r p —I m �v C co N6 59'51"W � 342'-4 Zg �MN co M co z NwY' gz NN �I Lc� o? rn G � � c C/) cn m m C/) w w O A 0 O Z O to c. O m ul �u O IIIIII IIIII IIIIII IIII IIIIII COUNTY III IIIII IIII IIII 0 Page:464510 1 09F N L SILVIR DAVIS PiTKI O to A TRENCH,CONDUIT,AND VAULT AGREEMENT This agreem nt is made and entered into this 4� U day of / 114 "1_„ = . between COUNTY OF PITKIN, STATE OF COLORADO, whose mailing address Is 530 East Main, Aspen, Colorado 81611. hereinafter called "Owner and Holy Cross Energy, a Colorado corporation whose mailing address Is P. O. Drawer 2150. Glenwood Springs, Colorado 81602, a Colorado Corporation, hereafter called "Holy Cross". WHEREAS, Holy Cross has been requested by the Owner to provide underground electric service within an easement traversing certain real property described as follows: A tract of land situate in Section 3, Township 10 South, Range 85 West of the 6th P.M., more fully described by book 195 at page 517; book 202 at page 270; book 323 at page 639; book 335 at page 369; book 335 at page 380; and, book 335 at page 383. All such book and page references being those particular documents recorded and on file In the records of the Pitkin County Courthouse, Aspen, Colorado; and WHEREAS, said electric service will provide power to a project known as: Aspen Airport Car Wash. WHEREAS, Installation of such underground electric service will require trench and other excavations both within and outside of the above described real property; and WHEREAS, the Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup needed to construct the required underground electric facilities. NOW THEREFORE, the Owner and Holy Cross agree as follows: 1. The Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for installation of underground electric service to said project. Such excavation shall be located as shown on the construction drawing and performed as specified by Holy Cross. a. All excavation, both within and outside the above described real property, shall be within dedicated or conveyed and recorded utility easements. The top of all power facilities, excluding vaults, will be installed 48" below final grade. b. Holy Cross will supply the necessary conduit and vaults for Installation by the Owner upon completion of contractual arrangements. Owner assumes responsibility for all material lost or damaged after such material has been Issued to and signed for by Owner. Alternatively, Owner may provide Its' own conduit and vaults meeting Holy Cross specifications for use on said project. After installation by the Owner, Holy Cross shall continue as the owner of the conduit, vaults and related structures and facilities. c. In the event that conduits or any other installation provided by Owner for said project are found to be unusable or Improperly constructed, Irrespective of whether such discovery is made during or after installation, Owner will be responsible for correcting said problems at Its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all additional costs resulting from said conduits or other Installation being unusable or improperly constructed. 2. Despite the fact that Holy Cross reserves the right to specify acceptable excavation for work performed hereunder, the Owner shall perform work hereunder as an Independent contractor, including, but not limited to, the hiring and firing of Its own employees, providing Its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees connected with Its work on the project. 3. The Owner shall obtain all necessary digging permits and utility locations prior to excavation for work performed hereunder. The Owner shall repair all damage caused during excavation promptly and at Its expense. No excavation will be undertaken within five (5) feet of existing underground power lines except under the on site supervision of a qualified Holy Cross employee. 4. The Owner shall Indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss, liability, claims, expense, suits, causes of action, or judgments for damages to property or injury or death to persons that may arise out of work performed hereunder. The Owner shall promptly defend Holy Cross whenever legal proceedings of any kind are brought against it arising out of work performed hereunder. In the event Owner shall fail to promptly defend Holy Cross, It shall be liable to Holy Cross, and shall reimburse It, for all costs, expenses and attorney fees Incurred In defending any such legal proceeding. The Owner agrees to satisfy, pay, and discharge any and all judgments and fines rendered against Holy Cross arising out of any such proceedings. The above Indemnification clause shall not apply to state and local governments or local service districts. In lieu thereof, whenever the Owner is a government or district it shall procure and maintain in effect at least 51,000,000 of public liability Insurance covering the acts, damages and expenses described In the above Indemnification clause. Upon Holy Cross' request, such an Owner shall furnish a Certificate of Insurance verifying the existence of such Insurance coverage. 5. The Owner shall repair any excavation settlement and damage to asphalt paving or other surface improvements caused by such settlement resulting from work performed hereunder, both within and outside the above described real property, for a period of two(2)years from the date backfill and cleanup are completed. 6. In the event the Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by Owner, Holy Cross may give written notice by registered or certified mail demanding Owner to complete the work and obligations undertaken by Owner herein, and if such is not completed within 30 days after receipt by Owner, Holy Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of completion shall be chargeable to and collectible from the Owner. in the event that Iltlgatlon is necessary to collect such obligation, Holy Cross shall be entitled to Its reasonable attorney fees and costs of suit. 7. As set forth in paragraph la above, Owner covenants that the trench, and all facilities within the trench Installed hereunder shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below finished grade. It shall be the obligation of the Owner to properly locate and construct the facilities within the easement. After completion of construction, if It should later be discovered that such facilities have not been properly located within dedicated or conveyed and recorded utility easements, It shall be the obligation of the Owner to provide new easements for the actual location of the facilities, or to relocate the facilities within the easement, all of which shall be at the sole cost and expense of the Owner. 8. It shall be the Owner's responsibility to insure that splice vaults, swltchgear vaults and transformer vaults Installed hereunder on said real property are accessible by Holy Cross boom trucks and other necessary equipment and personnel at all times. The use of such access by Holy Cross shall not require removal or alteration of any Improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, swltchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered(excluding snow)and accessible at all times. Improvements, landscaping or any other objects W/0098-16246:78-65``:Asp``e ffn Airport llCar Wash:10-16-01 Vede\F.nke\owl .Iet Page 1 of 2 Revised 4n 3/01 466060 IIIIIIIIIIIII�IIIIIIIIIIITKIN II�IIIIIIIIIIIIIIIIIIIIflY CO aIIlIlo.0Page: I of 2 04/02/2002 f 0 ®11:481 POLY CROSS ENERGY GLENMOOD SPRINGSe CO 82602 placed In the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of Improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non-opening sides and backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Holy Cross. Said corrections will be made at the sole cost and expense of Owner. 9. The Owner covenants that it Is the owner of the above described real property and that said real property Is free and clear of encumbrances and liens of any character,except those held by the following: The promises, agreements and representations made by the Owner herein shall be covenants that run with the land and shall be binding upon the successors In Interest, and assigns, of the real property herelnabove described. Holy Cross Energy, a Colorado corporation COU�NTTtYnTF PITKIN,/STATE/O/F� COLORADO By: r By: 1 RI and Brinkley, fish"Chairman, Bland of C ty Commissioners Gen ral Manager- Regulated Services r� �%ti•ce;,h VA STATE OF odl, 1A / SE t SS.. • _ COUNTY OF The r o In ent w nowledged before me this / day of 200'11� by as ) Chairman o th Board of County Com Issioners, o ty of Pitkin, a of Colorado. WITNESS my hand and official seal. UmANNOM�ainn expires: �Q-L10-3d67 a r Nota ub ittE�p* Add ss: J� STATE `+r COUNTY The foregoing Instrument was acknowledged before me this day of 20bt, by Rlcliar64jP.,Brinkley, General Manager-Regulated Services of Holy Cross Energ , a Colorado corporation. WITNESS my hand and official seal. g WlWp�a6 My commission expires: - 175 OTs Notary WbIIc 10 = +ddress: ����. $1boj =.9 UBL I C s ga01010 1% W/0098.16246:78-6S:Aspen Airport Car Wash:10-16.01 veds\rrenke\P"w.lrt Page 2 of 2 Trench,Conduit and Vault Agreement Molt cross Energy 66060 IIIVIIIIpIIII1I�IIIIIfIIIIIIIIIIIIIIIIIIIII�IIII�illl00 0it:481