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HomeMy WebLinkAboutbocc.ord.030.2001 AN 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 PITKIN COUNTY PUBLIC WORKS DEPARTMENT Ordinance No. J3() -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 electrical service at the Public Works Employee Housing Development and to have service available for the future development of the city animal shelter, Holy Cross Energy must install new underground lines. These lines will be buried on county property as shown on Exhibit A attached hereto. Holy Cross Energy is seeking a right of way easement from Pitkin County in order to install the new underground lines and other such work as more fully described in the attached 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 Energy Underground Right-of-Way Easement, granting to Holy Cross Electric Association 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. INTRODUCED, FI T READ AND SET FOR PUBLIC HEARING ON THE `"DAY OF G[ 2001. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON TH DAY OF ZKc 20 11. APPROVED UPON S COND READING AND PUBLIC HEARING ON THE�_TH DAY O ,2001. PUBLISHED AFTER APTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE ^ TH DAY OF , 2001. I II'III "III "IIII I" I1�"I' III�I I'II'I III "I'I II'I I"I 457163 08/02/2001 04:34P ORDINANC DAVIS SILVI 1 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Ordinance No.�O- 2001 Page 2 ATT BOARD OF COUNTY COMMISSIONERS OF PIT ;OUNTY, COLORADO By: Jea to Jones Michael C. Irelan De ty Clerk Chair Date: APPROVED AS TO FORM: John M Hilary INtcher Smith Co ttorney County Manager Date: I\ords\2001/hce easement pw.doc IIIIII illll Illlll111llillll IIIII IIIIIIIII 1111 IN 457163 08/02/2001 04:34P ORDINANC DAVIS SILVI 2 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO �T �r HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT 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 Energy, a Colorado 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 Grantors, situate in the County of Pitkin, State of Colorado, described as follows: A tract of land situated in Section 34, Township 9 South, Range 85 West of the 6th P.M. as being more particularly described in book 437 at page 368 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. 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 WITNESS WH EOF, Grantor has caused these presents to be duly executed on this 3C dayof , 20� THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: � Title: STATE OF f 7 ) ss. COUNTY OF j •���rrN11N� � , The for instrum t s nowle before me this a , f `Cr% �' b �, _ y ••• BOARD OF COUNTY . OMMISSIONE S OF PIT COUNTY, COLORADO. ' 3 t WITNESS my hand and official seal. My commission expires: /fit �)-� . � .� ( i (`/ ► = 1 i Notary Pubrc ` � �n;•' 1t Irk;- Address: I I'IIII "III "III' II' III"I' II'II 1'I"I III I'III II'I I"I I I"III "III "III' I" III"II III'I I'I"I III "I" NII I" 457162 08/02/2001 04:25P EASEMENT DAVIS SILVI 457163 08/02/2001 04:34P ORDINANC DAVIS SILVII 1 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 3 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO W/O#-00-1 7392: 78-64:Pitco Employee Housing:4-5-01 Veda\Ballinger\Pi[co ern ployeehou sing.eas Revised 9-19-00 w E 0 w z.- L7 w �"0 H nn I (y) H W vLLJ CL v>>z J J Wc � � vwiU�L7 011 u a- ci� W ` a Hip p Li El \ cn z w 0Z)z L7WQ� -J W z U L7 / m: �W l7cy X 0 z 0 � `tea W2 a. �Z ~ Q X[Y 0 H W F J /f cl QZ�GO 76, ti 111111 Hill 11111111111111111111111111111111111111111 IN 457163 08/02/2001 04:34P ORDINANC DAVIS SILVI 4 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ��, Illilll "III "III' II 457162 08/02/2001I IIIIIII IIIII IIIIiI III IIIII IIII IIII 2 of 2 R 0.00 D 0.00 N50.00SPITKINDCOUNTYICOI HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT 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 Energy, a Colorado 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 Grantors, situate in the County of Pitkin, State of Colorado, described as follows: A tract of land situated in Section 34, Township 9 South, Range 85 West of the 611 P.M. as being more particularly described in book 437 at page 368 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. 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 WITNE'SS WH EOF, Grantor has caused these presents to be duly executed on this day of 20 . THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By:�Jq- f<61j, - & -? � /^ /' J/ Title: STATE OF �C c:G(,�. ss. COUNTY OF , 20 191 e for oing ibn'str t s. nowle before me than - f .. .off ,. All BOARD OF COUNTY OMMISSIONE S OF PIT COUNTY, COLORADO. cam, WITNESS my hand and official seal. My commission expires: 16 NotaryPu ? Addre IIIIII Hill 1111111111111111111111111111111111111111111111111111111111 457162 08/02/2001 04:25P EASEMENT DAVIS SILVI 1 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO W/O#-00-17392: 78-64:Pitco Employee Housing:4-5-01 Veda\Ballinger\Pitcoemployeehousing.eas Revised 9-19-00 W 0 z.. L7 w��D Z z►-#\ H 1 (y) fV w v OOti >- � O W n- l3d- � 0zW W00 ,,DM raoa� ` O o w � \ o, H D O �Ozo-� z Cn z W / O O H (wy H U W / w W l7 \ � IWra3 d �N XElZO 1- 0 wz >- / x W�D �- W ' Q H F-U LL. Q W tL p�,�GO Yd yi yy1 Hill 11111111111 IN 1111111111111111457162 08/02/2001 0 :25P EASEMEN AVISI' II'I ILVI I"I 2 of 2 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO �t