HomeMy WebLinkAboutbocc.ord.032.2001 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII 471165
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SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
PITHIN COUNTY, COLORADO GRANTING AN UNDERGROUND RIGHT-OF-
WAY EASEMENT TO HOLY CROSS ENERGY TO CONSTRUCT AND/OR
RELOCATE, OPERATE AND MAINTAIN UNDERGROUND POWER LINES
ASSOCIATED WITH THE AIRPORT EXPANSION PROJECT ON PROPERTY
OWNED BY PITHIN COUNTY
3 Ordinance No. 1-32-2001
Recitals
1. Pitkin County is the owner of real property described as a parcel of land
located in the North `/4 of Section 3, Township 10 South, Range 85 West and Section 34,
Township 9 South, Range 85 West of the 6th P.M. as more fully described in Book 633 at
pages 189 through 200 of the records of the Pitkin County Courthouse, Aspen, Colorado
(the "Property").
2. In order to grant Holy Cross Energy the right of ingress and egress across
the Property to construct and/or relocate, operate and maintain underground electric
transmission or distribution lines, or both, together with associated equipment required
above ground, associated with the Airport Expansion project at the Aspen/Pitkin County
Airport, Holy Cross Energy shall require an underground right-of- way easement through
the Property, the centerline of which is the underground power lines constructed or
relocated in the expansion project.
3. The easement is shown on Exhibit A to the Holy Cross Energy
Underground Right-of-Way Easement agreement.
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 Energy an underground
right-of-way easement for the purpose of constructing and/or relocating, operating and
maintaining underground power lines associated with the Airport Expansion project.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON
THE 14' DAY OF NOVEMBER 2001.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON 17TH DAY OF NOVEMBER 2001.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON
THE ;;!YtVi DAY OFOogembPx, 2001.
IIIIIII IIIII IIIIII IIII IIIIIII III IIIII III 11111
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SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00
PUBLISHED AFTER ADOPTION IN ASPEN TIMES WEEKLY ON THE
r�DAY OF bCCCMber 2001.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER
ADOPTION.
ATTEST: BOARD OF COUNTY
COMMISSIONERS
OF PITKIN COUNTY,
COLORADO
By:` � / — GL
Jean Jones, Michael C. Ir and
Deputy Clerk Chair
Date:
APPROVED AS TO FORM:
John M. Ely Hilary � etcher Smith
County A ney County Manager
Date: } .Z, aL1 ' acna,
G:\ords\HolyCrossExpansionProj.doc
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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 Grantor, situate in the County of Pitkin, State of Colorado, described as follows:
A parcel of land located in the N1/4 of Section 3, Township 10 South, Range 85 West and Section 34, Township 9
South, Range 85 West of the 6th P.M. as more fully described in book 633 at pages 189 through 200 of 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 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 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. 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 Grantor 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.
IN WITNES$�WH REOFG rantor has caused these pre0se�t�to be duly executed on this �J day of
(/(� %tl Coo COUNT COUNT OF PITKIIIN/�,,$TATE�OF COLORADO
By.
!/ Title: e!44�
STATE OF 10A*-a0 OLOR AO.
) ss.
COUNTY OF /T/1f1K )
The foJ of nstr e t was a k wledged before me this 3 Ada of 20 47 2
by (2� a ofthe
BOARD OF COUNTY CO MISSIONER THE COUNTY OF PITKIN, S ATE F COLORADO
WITNESS my hand and official seal.
My commission expires:
Nota ublic
Ad ress: _5 30 Ali
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HOLY CROSS ENERGY p4 j� G'�S
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THE PRESENTS, that the undersigned,
COUNTY OF PIT N, STATE OF COLORADO
(hereinafter called "Granto "), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby grant unto Holy Cro s Energy, a Colorado corporation whose post office address is P. 0. Drawer 2150, Glenwood
Springs, Colorado (hereinaft r called "Grantee") and to its successors and assigns, the right qVingress and egress across
lands of Grantor, situate in th County of Pitkin, State of Colorado, described as follows:
A parcel of land locate in the 1/4 of Section 3, Township 10 South, Range 8, West and Section 34, Township 9
South, Range 85 West o the 6th P.M. as more fully described in book 633 at pages 189 through 200 of the
records of the Pitkin Cou ty Courthouse, Aspen, Colorado.
And, to construct, reconstruct, rep ir, change, enlarge, re-phase, operate, and maintain an underground electric
transmission or distribution line, or oth, with the underground vaults, coKduit, fixtures and equipment used or useable in
connection therewith, together with sociated equipment required above ground, within the above mentioned lands, upon
an easement described as follows:
An easement twenty(20) feet in width, t e centerline for said easement being an underground power line zs constructed,
the approximate location of which upon a above described property is shown on Exhibit A attached hereto and made a
part hereof by reference.
The rights herein granted specifically allow rantee to install additional underground and/or pad-mounted facilities within
the easement described by the attached exhi it.
Together with the right to remove any and all rees„brush, vegetation and obstructions within said easement and the right
'o pile spoils outside said easement during co str�(ction and maintenance, when such is reasonably necessary for the
mplementation and use of the rights hereinab v� granted. Grantor agrees that landscaping and other surface
improvements made on said easement will be 'nimized and that any damage caused to said landscaping and
improvements by Grantee during exercise of ny of its rights granted by this easement shall be repaired by the Grantor at
its expense.
Grantor agrees that all facilities installe by Grante on the above described lands, shall remain the property of Grantee,
and shall be removable at the option Grantee.
Grantor covenants that it is the ow er of the above d cribed lands and that the said lands are free and clear of
encumbrances and liens of what ever character, exc t those held by the following:
TO HAVE AND TO HOLD, sai right-of-way and easemen , together with all and singular, the rights and privileges
appertaining thereto, unto rantee, its successors and a igns, forever.
IN WITNESS EREOF, antor has caused these presents be duly executed on this M--#day of
20
COUNTY OF PITKIN,, STATE OF COLORADO
BYC��I hf -/ i G
Title: �/[ Oe4wd
STATE OF
COUNT OF w ) ss.
The f ego' ins ment w acknow d ed before me this day of 20_Q_Q
by 1411111V s of the
:OUN OF PITKIN, STATE OF COLORADO. ��G
WITNESS my hand and official seal.
My commission expires:
yyNotary Publi
Addr ss: 3-�34 riN
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SILVIA DAVIS
TRENCH, CONDUIT, AND VAULT AGREEMENT
This agreement is made and entered into this l_ day of " 1�i- dd, _ ✓� between COUNTY OF
PITKIN, STATE OF COLORADO, whose mailing address is 0233 Airport Road, Aspen, Colorado 81611, hereinafter called
"Owner", and Holy Cross Energy,'a Colorado corporation whose mailing address is P. O. Drawer 21 SO, Glenwood Springs,
Colorado 81602, a Colorado Corporation, hereafter called "Holy Cross'. INQr`I
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 parcel of land located In the, l/4 of Section 3, Township 10 South,
Range 85 West and Section 34, Township 9 South, Range 85 West of the 6th P.M. as more fully described in book 633 at
pages 189 through 200 of the records of the Pitkin County Courthouse, Aspen, Colorado; and
WHEREAS, installation of such underground electric service will require trench and other excavations both within and
outside of the above described project 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 the above mentioned 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 project 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 the 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 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, 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. 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 $1 ,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
project 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 and collectible from the Owner. In the event that litigation is necessaryto collect such
obligation, Holy Cross shall be entitled to its reasonable attorne fees y and costs of suit.
7. As set forth in paragraph 1 a above Owner covenants that the
trench, and all facilities within the trench shall be
located within dedicated or conveyed and recorded utility easements and at the proper ro depth below p p p e ow 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
lities ha
ve not been pro erl located within
P Y
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. The Owner covenants that it is the owner of the above described property and that said property is free and clear of
encumbrances and liens of any character, except tho ie 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 property hereinabove described.
Holy C oss Energy, a Colorado corporation COUN OF PITKIN�ATE F COLORADO
�r //A
By: By:` �� vll 1%-de C✓
Ri and . Brinkley, 414re}Chair n, Boa(d of County Commissioners
General Manager- Regulated Services
W/0#00-1 701 8:78-64:Aspen Airport Expansion:2-14-200i2 quaco\southwick Revised 1-18-00
46778
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SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.00
STATE OF t ' ' .6: L�
COUNTY OF ss.
The foreg i g i trume s ackno fed before me this day of 2pC��
by �( x — ll , �. !� tiJ a ( Chairman, Board of
County Commissioners, Cou " y of Pitkin, SbAtA of Colorado.
WITNESS � hand and olal��ala ` N Tomi � � Notary Puf
jl
S£,/" " , `} Add(ess:
x o t p -\G
ar
STATE,OF`.t tt-
' ) ss.
COUNTY OFt
. of .. � r
The foregoing instrument was acknowledged before me this Rtk day of 4.ro.'.L 200
by Richard D. Brinkley, General Manager - Regulated Services of Holy Cross Energy, a Colorado corporation.
WITNESS my hand and
officialseal. = aJ\d��tuuTcunNud�
Gp`teO 4My ommssonexpi expires:
s� Notary Pu is
0.0--0.
� o
= c
N A f =Address:
v�,,Ue11 C
11`'0 iORPO�``r
l
10
00-1701 8:78-64:Aspen Airport Expansion:2-14-2002
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SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00
TRENCH, CONDUIT, AND VAULT AGpREEMENT
This agreement is made and entered into this day of between COUNTY OF
PITKIN, STATE OF COLORADO, whose mailing address is 0233 Airport Road, Aspen, Colorado 81611, hereinafter called
"Owner", and Holy Cross Energy, a Colorado corporation whose mailing address is P. 0. Drawer 2150, Glenwood Springs,
Colorado 81602, a Colorado Corporation, hereafter called "Holy Cross". Nor"
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 parcel of land located in the^1/4 of Section 3, Township 10 South,
Range 85 West and Section 34, Township 9 South, Range 85 West of the 6th P.M. as more fully described in book 633 at
pages 189 through 200 of the records of the Pitkin County Courthouse, Aspen, Colorado; and
j WHEREAS, installation of such underground electric service will require trench and other excavations both within and
outside of the above described project 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 the above mentioned 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 project 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 the 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 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, 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
I connected with its work on the project.
3. The Owner shall obtain all necessary digging permits and utility locations prior to excavation. 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 $1,000,000 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
project 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 and collectible from the Owner. In the event that litigation 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 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. The Owner covenants that it is the owner of the above described property and that said 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 property hereinabove described.
Holy C oss Energy, a Colorado corporation COUN79).OF PITKIN, yTATE F COLORADO
By: By: �tC 1G Ri and . Brinkley, k WisOChair n, Boa d of County Commissioners
General Manager- Regulated Services
W/0#00-1 701 8:78-64:Aspen Airport Expansion:2-14-2002 quaco\southwlck Revised 1-18-00
467787
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0
STATE OF
ss.
COUNTY OF C 1N
The fore i g i .c trume s ackno ed before me this day of 200�'
by ({ — L+ L a Chairman, Board of
County Commissioners, touyy of Pitkin, Sotk of Colorado.
WITNESS my hand and official seal. /
My commis X fires:
Tt ��-�(-a
`yt e 4� a f Nota Pub '
a1 .5 Add te'ss:
STATE QF':� 4-2,c{ vlll
ss.
COUNTY OFc '
The foregoing instrument was acknowledged before me this 0- day of &,I.,L 200 ,
by Richard D. Brinkley, General Manager - Regulated Services of Holy Cross EnerciV a Colorado corporation.
WITNESS my hand and official seal. 2.a`AS�Aw ✓p''�.,,
My commission expires: �f 7 05 �N�T40,9~} •
S c Notary Pu is
A Address: 1&060�
%�'az VBL I C f
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SILVIR DRVIS PITKIN COUNTY CO R 0.00 D 0.00
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 Grantor, situate in the County of Pitkin, State of Colorado, described as follows:
A parcel of land located in the 1/4 of Section 3, Township 10 South, Range 85 West and Section 34, Township 9
South, Range 85 West of the 6th P.M. as more fully described in book 633 at pages 189 through 200 of 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 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 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
`o pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the
mplementation 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 Grantor 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.
IN WITNESS�V EREOF, Grantor has caused these presents to be duly executed on this A0 day of
//��N 20Q0_
COUNTY
/OFF/PITKIN, STATE OF COLORADO
Title: �/[ G6•Iu��/ C ( nn,n,ics/prE?S
STATE OF O
��iy
COUNTY OF �0V ss.
Ili ,{�'
The forego' ns ment w Z
ackno ed before me this �day of 20ga
by .t iL. /k as of the
:OUNTY OF PITKIN, STATE OF OLORADO. Ova
WITNESS my hand and official seal.
My commission expires: 611".0 —
Nota Publi _
Address: � � W
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W/0#00-17018:78-64:Aspen Airport Expansion:2-29-2000
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���I�� DAVIS II�PITKIN�I�I�����I III��I III��I�I IIII I��I Page:z88 11:35F
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SILVIA DAVIS PITKIN COUNTY CO R 9.00 D 0.00
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 Grantor, situate in the County of Pitkin, State of Colorado, described as follows:
A parcel of land located in the N1/4 of Section 3, Township 10 South, Range 85 West and Section 34, Township 9
South, Range 85 West of the 6th P.M. as more fully described in book 633 at pages 189 through 200 of 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 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 Exhibit A attached hereto and made a
part hereof by reference.
i
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. 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 Grantor 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.
IN WITNEWMF,,G rantor has caused these prre0sert£to be duly executed on this /� Z' day of
%14 COD�r COUN OF PITKIN, TATE O�RADO
B
SEAL Y. an,..
—•— rf/ Title: vvri
STATE OF OAq-,00 OLORN
ss.
COUNTY OF ITi`(1/2
The fo of ��instr�e t was a k wledged before me this / d of �- 20 O 2r,
by n - �� a of the
BOARD OF COUNTY CO MISSIONER THE COUNTY OF PITKIN, S ATE F COLORADO
WITNESS my hand and official seal.
M commission expires:
Y P
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ublic may/
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