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.
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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
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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
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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, - & -? �
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J/ Title:
STATE OF �C c:G(,�.
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COUNTY OF ,
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All
BOARD OF COUNTY OMMISSIONE S OF PIT COUNTY, COLORADO. cam,
WITNESS my hand and official seal.
My commission expires: 16
NotaryPu ?
Addre
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