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Home My WebLink Aboutbocc.ord.022.2002 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO CONVEYING A UTILITY EASMENT TO HOLY CROSS ENERGY ACROSS STEIN OPEN SPACE ORDINANCE #01-02 RECITALS 1. In 2000, as part of a lot split approval, the Stein family conveyed a 96.85 acre property to Pitkin County ("Property"). On August 16, 2001, the Board of County Commissioners designated this land as Pitkin County Open Space, on the recommendation of the Open Space and Trails Board, pursuant to H.R.C. section 13.1.3. 2. In 2001, on the mistaken belief that this property still belonged to the Stein family, Holy Cross bulldozed a road beneath an existing powerline without County approval. This action destroyed native vegetation along a swath approximately 30 feet wide and 1200 feet long. 3. Holy Cross Electric Company now desires to partially bury the power line across the property and desires the County convey a utility easement for this purpose. As a condition of this conveyance, Holy Cross has agreed to repair damage done to the property last year. NOW THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Pitkin County, Colorado as follows: 1. The Board approves the grant of a utility easement to Holy Cross in substantially the form attached hereto as Exhibit A, conditioned upon Holy Cross's agreement to restore native topography and vegetation in accordance with the revegetation plan attached as Exhibit B. To this end, said Easement will not be conveyed until Holy Cross posts a financial security consistent with the terms of Section 2.06.02 of the Pitkin County Asset Management Plan (2001). 2. The Chair is authorized to execute a utility easements in substantially the form attached as Exhibit A, following approval of the form of those documents, and of the financial security as described above, by the County Attorney's office and Open Space Director. The Chair is authorized to execute such other documents as may be necessary to finalize this transaction following approval of the form of those documents by the County Attorney's office and Open Space Director. II I II I IIII IIIII(IIIIII III IIIII IIII IIII 310/ 2000 02 3:27PIIIIIIIIIIIIIIIII COUNTY CO R 0.00 0 0.00 HolyX Ordinance#O A 1-oda- Page 2 INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 11TH DAY OF SEPTEMBER 2002. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 14TH DAY OF SEPTEMBER 2002. APPROVED AT SECOND READING AND PUBLIC HEARING ON THE - 25th DAY OF SEPTEMBER, 2002. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 5th DAY OF OCTOBER, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO J anette Jones Patti Kay-Clap er eputy Clerk Chairperson Date: APPROVED AS TO FORM: John Ely Hilary St h C ttorney County anager Dale Will, Direct Open Space and Trails Program IIIIIIIIIIIIIIIIII 3aa2of6IIIIIIIIIIIIIIIIIIIIIIIIIIII 02 03. 27PIIIIIIICo R 0.00 D 0.00 SEP. 5.2002 2:06PN HOLY CROSS ENERGY nn NO.623 R.2 DRAFT 9/5/02 UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, THE 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. O. Drawer 21 so, 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: Conservation Parcel, Stein Lot Split Subdivision, located in Section 35, Township 9 South, Range 85 west of the 6" P.M., as more fully described in plat book SS at page 48 and In Reception #450029 in the Pitkin County Courthouse, Aspen, Colorado. And, to construct, reconstruct, repair, change, enlarge, re-phase, operate, and maintain transmission or distribution line, or both, with the underground vaults, condult an underground electric 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 undergground power line as constructed, the approximate location of which upon the above described property is shown on Exht q attached hereto and made a part hereof by reference. ibi The rights herein granted specifically allow Grantee to install additional underground and/or Pad mounted facilities within the easement described by the attached exhibit. to Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right implementation and use of thetrightnt s heeinab ve granted. In areas ion and where vegetation is disturbed when such Is l by thesabov for the e described umust be se of the easement, the Grantor.the ground surface shall be seeded using a standard native mix by Grantee. The seed mix to be used rovements added on said easement approved the date of executionrantor hereof,will be ees limitedto native grasses and hrubs and other surface found in the natural setting within ten feet eet of he trench ce cerline ice Berry depicted oneExOhib,it Provided G a ee shall be respo however that lnsible for damage to said native Vegetation 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 WHEREOF, Grantor has caused these presents to be duly executed on this 2p day of THE COUNTY OF PITKIN, STATE OF COLORADO By: STATE OF ) Chairman COUNTY OF ) ss. The foregoing instrument was acknowledged before me this 20 , by day of COMMISSIONERS OF THE COUNTY OF PITKIN, STATE OF COLORADO. Chairman of THE BOARD OF COUNTY WITNESS my hand and official seal_ My commission expires: Notary public Address: W/O#-Ol-1 7477:78-56:lndependence Double Circuit:9-5-02 vWa\[owpne\DI'kinco9 Revised 4-16-01 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 173123 PITKIN COUNTY Co IIIIIIIIIIIII 1 0//0 7/2002 03:27P R 0.00 DIII -� SEP. 5.2002 2:07PM HOLY CROSS ENERGY — - NO.623 P.3 6,9*,L Day-o�-• EXHIBIT A INDEPENDENCE DOUBLE CIRCUIT T 9 S , R 85 W, SECTION 35 W/O # 1 7663 CONSERVATION EASEMENT 20' WIDE EXISTING UNDERGROUND OVERHEAD POWERLINE TO BE REMOVED EASEMENT LOT 2 VAULT i t• lw VAULT I . T - 9DG.EMfEOPE PROPSECtD s --- --------------- TRENCH CENTERLINE VAULTS VAULT 2 PROPOSED TRENCH CENTERLINE/473123 i i Page; 4 of 6 IIIIII(IIII IIIIII IIIII(III IIIII(IIIIII III IIIII IIII IIII O 0//07 20.0003:27P / 070 C / Memo To: Dale Will Frorro Michael Craig Date: 11/8/01 Rw- Reclamation of Holy Cross Access Road on Stein Open Space property After visiting the site of this unfortunate road building project I have the following recommendations for revegetation of the disturbed area. • The area of disturbance is approximately 1200 feet by 30 feet. This equates to 0.8 acres of reclamation that will be required. I propose that a bond of.15 cents/sq.foot or$5400.00 be posted to ensure that funds are available to follow up on weed control and further revegetation work over the next couple years. If Holy Cross adequately revegetates the area they will receive this bond after three growing seasons. • Using a track excavator or backhoe carefully pull all cut and fill material back uphill to fill the cut. This must be done carefully so as not to rip up living vegetation buried in and under the filled areas. • Reseed all disturbed areas with the attached seed mix • Follow-up on an annual basis to assure that revegetation is occurring and that weeds are not invading the reclaimed areas. Planting: • Hand broadcasting seed will be required followed by hand raking to incorporate the seed into the soil. • Seeding rate will be 20 Ibs/Acre Pure Live Seed(PLS)of the specified seed mix attached. Mulching: • All sites must be mulched with straw after planting. • Mulch will be weed free • Mulch will be applied at the rate of 1 ton per acre. 1 IIIIIIII DAVIS IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 4 g: 5 e3 6 N COUNTY Co IIIIIIIII 10/07/2002 03:27P R 0.00 D 0.00 O.u,C 019 -az Seed Specifications: Slender Wheatgrass (Agropyron trachycaulum) 20% Western Wheatgrass (Agropyron smithii) 20% Idaho Fescue (Festuca idahoensis) 10% Green Needlegrass (Stipa viridula) o Needle&Thread 10/o (Stipa comata) 10% Bluebunch Wheatgrass (Agropyron spicatum) 15% Indian Ricegrass (Oryzopsis hymenoides) 5% Rabbitbrush (Chrysothamnus nauseosus) 5% Penstemon (Penstemon strictus) 2.5% Mountain Big Sage (Artemisia tridentata vaseyana) 2.5% 100% • Page 2 I IIIIII DAVIS PI IIIIII IIIII IICOUNTY473123 Co R 0.00 D 0.00 -------------- V EXHIBIT A STEIN RANCH DOUBLE CIRCUIT T 10 S, R 85 W, SECTION 2 T 9 S, R 85 W, SECTION 35 W/O #17663 & 17477 N CONSERVATION PARCEL I 20 ' WIDE UNDERGROUND TO 0 POWERLINE EASEMENT VAULT 0 --_ SEC. 35 i.9S__ 1501, VAULT i __ MCCw _ _ SEC. 2 i 10S {Gfg� --- _ PROPOSED -- --- -_ - -- --- TRENCH CENTERLINE VAULT2 PROPOSED TRENCH473124 , CENTERLINE i IIIIII IIIII IIIIII IIIII IIII IIIIIYIIIIIII III IIIII IIII IIIIO Page: 2 of 2 0//07 200 003:27P / / HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, THE 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. O. 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: Conservation Parcel, Stein Lot Split Subdivision, located in Section 35, Township 9 South, Range 85 West of the V P.M., as more fully described in plat book 55 at page 48 and in Reception #450029 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 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 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. The seed mix to be used must be approved by the Grantor. Grantor agrees that landscaping and other surface improvements added on said easement after the date of execution hereof, will be limited to native grasses and shrubs found in the natural setting adjacent the easement such as Service Berry and Gambel Oak, provided however that native shrubs shall not be placed within ten feet of the trench centerlines as depicted on Exhibit A. Grantee shall be responsible for damage to said native vegetation 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 WIT H EOF, Grantor has caused these presentZ;p be duly executed on this _ day of THE COUNTY OF PITKIN, STATE OF COLORADO BY L A ^ L.(ltla'Y.( STATE OF�hrb0 1 Clpairman� COUNTY OF ) ss. 20he foregoing ibytr i$n4,2 t was ack qwledgo fore me`thhs _ airm n of THE BOARDTM COMMISSIONERS OF THE COUNTY OF PITKIN, STATErOF COLORADO. WITNESS my hand and official seal. MY commission expires: Notary Pu 'c Add ss: U . W/O#-01-1 7477:78-56:lndependence Double Circuit:9-13-02 Veda\Cow1ing\pitk1nco4 Revised 4-16-01 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 473124 a e:20of 23:27P R 0.00 0 0.00 7