HomeMy WebLinkAboutbocc.con.334.2015 0/6
CONTRACT# __ __
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS ("BOCC")OF PITKIN
COUNTY, COLORADO,APPROVING AN UNDERGROUND RIGHT-OF-WAY
EASEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY AND THE PITKIN COUNTY CAPITAL LEASING CORPORATION LLC,
TOGETHER REFERRED TO AS ("GRANTOR")AND THE CITY OF ASPEN, COLORADO
("GRANTEE")
ORDINANCE NO. ,2015
Recitals:
1. Grantor is the record owner of that real property("Property") situated in Pitkin County,
Colorado known as the Second Amended Plat of Lot 1, Pitkin County Center
Subdivision.
2. Grantee owns and operates the City of Aspen Municipal electricity distribution system.
3. The parties desire by this Agreement to (a) establish and to grant to Grantee, a perpetual,
non-exclusive easements as described on Exhibit A of the Agreement for an underground
electric transmission and/or distribution line and such other underground utilities as
Grantee has located or may from time to time located with the easement,to be located
along with other exiting utility lines as depicted on Exhibit B of the Agreement, for the
right of ingress and egress across the Property for the purpose of allowing Grantee to
construct, reconstruct,repair, change,enlarge, rephrase, operate, and maintain its
underground utilities with the underground vaults, fixtures and equipment use or useable
tin connection therewith, together with associated equipment required above ground; and
(b)to establish certain restrictions with respect to the easement.
l
4. Section 2.8 of the Home Rule Charter,allows the BOCC the authority to grant easements
in public lands.
5. The BOCC believes it is in the best interest of the citizens of Pitkin County,to enter into
this underground right-of-way easement.
NOW THEREFORE BE IT ORDAINED that the BOCC authorizes the Chair to sign an
easement agreement between the BOCC and the Pitkin County Capital Leasing Corporation and
the City of Aspen in substantially the same form subject to approval by the County Attorney.
RECEPTION#: 626209, 01108/2016 at
02:06:51 PM,
1 OF 12, R $0.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
INTRODUCED AND FIRST READ ON THE l DAY OF ,C/(0/4 , 2015
A S T
FOR SECOND READING AND PUBLIC HEARING ON THE -' -DAY OF
9,11' 2015.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE,/
O CE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE /'-5-'1`" DAY
OFF ( bQY , 2015.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE O I AL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE
DAY OF 0,0h if 2015.
A PED AFTER FINAL READING AND PUBLIC HEARING ON THE �5 DAY OF
cAbQ y 2015.
PUBLISHED BY TITLE AND SJ-IORT SUMI RY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE "Tr' DAY OF I ��'.t,u. -ey 2015.
POSTED BY TITLE AND SHORT SUMMARYQN THE OFFACI L PITKIN COUNTY
WEBSITE(www.pitkincounty.com) ON THE' DAY OF (_ y ,2015.
ATTE • BOARD OF COUNTY COMMISSIONERS
By \ 1 .1.II /41' Li, BY: 5-EiArt,A4 f-- CA
I/
Jeane -ones Steven F. Child, Chair
Deputy County Clerk
Date: to/Z�� zO(j
APPROVED AS TO FORM: MANAGER APPROVAL
AtOOPC Th
John Ely, County Atto - on Peacock, ounty Manager
•
CITY OF ASPEN ELECTRIC DEPARTMENT
UNDERGROUND RIGHT-OF-WAY EASEMENT
•
of VoTVs Underground Right-of-Way Easement Agreement is entered into this � day
W r , 2015, by and between the BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO, a body corporate and politic, and the PITKIN COUNTY
CAPITAL LEASING CORPORATION, a Colorado corporation(together referred to as
"Grantor"), whose mailing address is 530 E. Main Street, Aspen, CO 81611, and THE CITY OF
ASPEN, COLORADO, a Colorado home rule municipality,whose mailing address is 130 S.
Galena Street,Aspen, CO 81611 ("Grantee").
RECITALS
1. Grantee owns and operates the City of Aspen municipal electricity distribution
system.
2. Grantor is the record owner of that real property ("Property") situated in Pitkin
County, Colorado known as:
Second Amended Plat of Lot 1 Pitkin County Center Subdivision,
Situated in Section 7, T.10 S., R.84 W. of the 6th P.M. Pitkin County, Colorado, as more
fully described and recorded in Plat Book(13Page dt?
3. The parties desire by this Agreement to (a) establish and to grant to Grantee, a
perpetual,non-exclusive easement as described on Exhibit"A"attached hereto, for an
underground electric transmission and/or distribution line and such other underground utilities as
Grantee has located or may from time to time locate within the easement,to be located along
with other existing utility lines as depicted on Exhibit"B"attached hereto, for the right of
ingress and egress across the Property for the purpose of allowing Grantee to construct,
reconstruct, repair, change, enlarge,re-phase,operate, and maintain its underground utilities with
the underground vaults, fixtures and equipment used or useable in connection therewith,together
with associated equipment required above ground; and(b)to establish certain restrictions with
respect to the easement.
4. The parties desire by this Agreement to establish and assume certain responsibilities in
connection with the easement.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
set forth herein, and for other good and valuable considerations, the receipt and sufficiency of
which are hereby acknowledged,the Grantor and Grantee agree as follows:
1. Grant and Acceptance of Easement.
a. Grantor hereby grants and conveys to Grantee, its successors and assigns, and Grantee
hereby accepts, a perpetual,non-exclusive easement as described on Exhibit A and the right of
1
P� F_._i
ingress and egress across the Property (the Easement) for the purposes of excavating, installing,
constructing, reconstructing, repairing, changing, enlarging,re-phasing, operating,using and
maintaining underground utilities with the underground vaults, fixtures, equipment and other
facilities used or useable in connection therewith,together with associated equipment required
above ground (collectively the "Activities"),within the multi-purpose, general purpose utility
Easement.
b. The Easement is a common use easement in which other utilities reside and have the
same or similar conditions and restrictions of use within the Easement as Grantee. The utilities
currently associated with this Easement, and the approximate location of such utility lines within
the easement, are identified on Exhibit"B"attached hereto.
2. No Additional Easement.Nothing contained herein shall be construed to grant any
other easement across or under any other real property owned by the County.
3. Grantor's Use of Easement.
a. Grantor's Use Subordinate. The Property is used as county offices and the Grantor's
use of the Easement area shall be subordinate to Grantee's current and future use of the
Easement. Grantor, as the underlying fee estate owner of the Property, shall have the right to
continue to have use of and to occupy the Property and to make such use and improvements on
or to the Property, excluding the Easement area, consistent with its current use or any use that
may be contemplated or conducted by the Grantor in the future.
b. Relocation. Should Grantor improve the Property in furtherance of its current use as
county offices in such a manner as to require the relocation of Grantee's utility lines or
improvements from the Easement area, Grantor shall submit and obtain approval of plans for
such relocation from Grantee,which consent and approval shall not be unreasonably withheld.
Such approval shall be obtained at least sixty(60) days prior to start of construction. Grantor
shall be solely responsible for the cost to relocate the utility line and improvements. Grantee
agrees that any relocation by Grantee shall be vault to vault, in conduit, with no splices.
c. Grantor to provide access. It shall be Grantor's responsibility to ensure that
underground vaults and/or pad-mounted facilities installed in the Easement are accessible by
Grantee's boom trucks and other necessary equipment and personnel without the necessity for
Grantee to remove or alter any improvements, landscaping, or other obstructions. Grantor shall
ensure that the use of such access by Grantee shall not require removal or alteration of any
improvements, landscaping or other obstructions.
d. In addition,without Grantee's prior approval, Grantor shall not alter the ground surface
grade within ten(10) feet of Grantee's vaults or facilities,nor along the power line route between
the vaults. The ground surface grade at above ground and underground vaults and facilities shall
be consistent with City of Aspen electrical standards.
2
e. Improvements, landscaping or any other objects placed in the vicinity of any facilities
shall be located so as not to hinder complete opening of the equipment doors.
f. The ground surface within ten(10)feet of any pad-mounted facility shall be maintained
by Grantor as 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 pad mounted facilities.
g. Grantor hereby agrees to maintain the requirements of this paragraph and to not install
or allow any obstructions or permanent encroachments on the Easement, including but not
limited to fences,buildings, gates, or other structures, or trees,bushes, brush, gardens, storm
water facilities, flagstone, curb and gutter, snowmelt systems or additional pavement, and shall
not obstruct or permit obstruction of access to the Easement. In the event any such obstructions
or encroachments are erected, installed, or permitted to remain upon the Easement premises
notwithstanding this paragraph, Grantor understands and agrees that such obstructions or
encroachments may be removed by Grantee at Grantor's cost, and that Grantee shall have no
responsibility or liability for any damage or destruction thereto.
h. Grantor agrees to eliminate the parking of vehicles or other obstructions within the
Easement for the duration of any work or other Activities within the Easement by Grantee.
4. Grantee's use of Easement.
a. The rights herein granted specifically allow Grantee to service,repair,modify and
relocate existing utilities and install additional underground and/or pad-mounted facilities and
utilities within the Easement.
b. Prior to Grantee's commencement of construction of any new utilities or relocation of
existing utilities within the Easement, Grantee shall obtain the County's approval of Grantee's
construction plans for the Easement. Grantee shall not relocate existing or construct new utilities
and improvements within the Easement without first obtaining the County's approval of
Grantee's proposed construction plans for any construction or relocation, such approval not to be
unreasonably withheld. Should Grantee relocate the utility lines or improvements in furtherance
of any Grantee objective or purpose,the Grantee shall be solely responsible for the cost to
relocate Grantee's utility lines or improvements.
c.Grantee, its employees, contractors, agents and third parties engaged by Grantee and its
licensees, assigns and successors shall have all reasonable right of access to the Easement area.
d. Grantee has the right to remove any and all obstructions and encroachments within
said Easement and access to said easement, at Grantor's expense, and has the right to pile spoils
outside the Easement on the Property during construction and maintenance,when such is
reasonably necessary as determined by Grantee, for the implementation and use of the rights
granted in this Agreement.
3
e. In areas disturbed by Grantee's use of the Easement, Grantee shall grade,re-seed or
re-sod if necessary to restore the surface of the ground to its former condition and contour,
including replacement of asphalt existing as of the date of this agreement, provided that the
Grantee shall not be required to restore or replace any trees,bushes,brush, gardens or other
vegetation on the Easement premises nor any structure thereon.
f. Except in the case of emergency, Grantee agrees that it will inform Grantor by 24
hours in advance,by email to jodi.smith@pitkincounty.com, of its entry to the Easement area to
perform any of the Activities granted herein. Prior to performing any activity within the
Easement for which a permit is required, Grantee must be in receipt of all necessary permits for
the proposed activity.
5. Grantor agrees that all facilities installed by Grantee within the Easement shall remain
the property of Grantee and shall be removable at the option of Grantee.
6. Evidence and Warranty of Title. Grantor shall provide the City with a title
commitment for Grantor's Property prior to Grantee's acceptance of the Easement. Grantor
warrants that Grantor's title to the Easement is free and clear of liens and encumbrances at the
time of Grantor's acceptance of the Easement.
7. Damage to or by other Grantees within Easement. During the performance of any
Activities granted herein, Grantee shall protect the interests of other utility company installations
within the Easement. If damage should occur to the property,utilities, infrastructure, or facilities
of any of the common easement users as a result of the Grantee's actions,the Grantee shall be
responsible for repairing such damage per the reasonable requirements of the specific entity at
Grantee's sole expense. Grantor shall ensure,through similar provisions in Grantor's
agreements with other users of the Easement,that no further utilities are installed within the
Easement which would interfere with Grantee's use of the Easement and that those entities with
existing utilities within the Easement shall protect the interests of Grantee in their use of the
Easement.
8. Liability to Others. To the extent permitted by law, each party shall be responsible for
any and all claims, demands, actions, losses, liabilities, or expenses of whatever sort, including
attorneys fees,that are incurred by any person or entity arising out of or in connection with such
party's use or occupation of the Easement premises, or the use or occupation of the Easement
premises by its agents, employees, contractors, invitees or licensees,provided, however,that
nothing herein shall be construed to abrogate or diminish any protections and limitations
afforded to the parties by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq.
as amended, or other law. In the event the parties, or their respective officers, directors,
members, employees, agents, contractors, representatives,heirs or assigns may be held jointly
and severally liable under any statute, decision, or other law providing for such joint and several
liability for their respective activities on the Easement premises,the obligations of each to
respond in damages shall be apportioned, as between the parties, in proportion to the
contributions of each.
4
9. Choice of Law. This Agreement and every related document shall be governed and
construed in accordance with the laws of the State of Colorado.
10. Binding Effect-Recording. The Easement granted herein shall be binding upon and
inure to the benefit of the parties hereto and their respective successors and assigns forever,
including any record owners of the underlying Property, or any part thereof. The benefits and
burdens hereof shall also run with the title to the underlying Property and all parts thereof
traversed by the Easement. This Agreement shall be recorded by Grantor with the Pitkin County
Clerk and Recorder.
11. Attorneys' Fees. In the event the interpretation or enforcement of this Agreement
should ever become the subject of litigation, arbitration or mediation between Grantee(or its
successors and assigns) and Grantor,the substantially prevailing party shall be awarded its
reasonable costs and attorneys' fees incurred in connection therewith.
12.No Assignment Without Consent. Grantee shall not,without first obtaining the prior
written consent of Grantor, sell,assign,transfer, encumber,hypothecate or sublease any or all of
the rights, interest or obligations under this Agreement. Such consent shall not be reasonably
withheld by Grantor.
13.Notices. Except as otherwise provided herein, all notices or other communication
required or permitted under this Agreement shall be in writing, shall be personally delivered or
sent by United States mail, first class postage prepaid, and such notices shall be deemed given
with received. Notices shall be directed to the following addresses:
To Grantor:
Pitkin County Facilities
Attn: Facilities Superintendent
485 Rio Grande Place
Unit 101
Aspen, Colorado 81611
Telephone No. (970) 920-5396
Fax No. (970) 920-5285
With a copy to:
Pitkin County Attorney
530 East Main Street, Suite 302
Aspen, Colorado 81611
Telephone No. (970) 920-5190
Fax No. (970) 920-5198
To Grantee:
Electric Department Superintendent
219 Puppy Smith Street
Aspen, CO 81611
Telephone No. (970) 920-5146
5
E-mail: ron.christian@cityofaspen.com
With a copy to
City Attorney
130 S. Galena Street
Aspen, CO 81611
Telephone No. (970) 920-5059
Fax No. (970) 920-5119
Notwithstanding the foregoing, in the event Grantor discovers an emergency condition
pertaining to Grantee's electrical or other distribution system located on,over,in or through the
Easement premises, Grantor shall make reasonable attempts to promptly notify the City of such
condition by direct delivery of notice to the City Utilities Department by telephone at(970) 920-
5110. Similarly, Grantee shall make reasonable attempts to promptly notify Grantor of any
emergency condition requiring work within the Easement area by direct delivery of notice to:
Jodi Smith, Facilities Superintendent, by telephone at(970) 618-3717.
14. Performance. The Parties agree to perform any and all acts, without limitation, as
may be reasonably necessary to fully effectuate the intent and purposes of this Agreement.
Whenever any action is required or permitted to be taken by the parties under the terms of this
Agreement, such action may be taken and performed by any authorized officer, director, agent or
other representative of the parties.
15. No Third Party Beneficiaries. It is the intent of the parties hereto that no third party
beneficiary interest is created in this Agreement. The parties hereto are not presently aware of
any actions by them or any of their authorize representatives which would form the basis for
interpretation construing a different intent and expressly disclaim any such acts or actions.
16.No Waiver of Governmental Immunity. Grantee and Grantor, its directors, officials,
officers, agents and employees are relying upon and do not waive or abrogate, or intend to waive
or abrogate by any provision of this Agreement the monetary limitations or any other rights
immunities or protections afforded by the Colorado Governmental Immunity Act, C.R.S. § 24-
10-101, et seq., as it may be amended from time to time.
17. Entire Agreement. This Agreement constitutes the entire and complete agreement of
the parties in regard to the subject matter herein.No promise or undertaking has been made by
any party, and no understanding exists with respect to the transaction herein contemplated except
as expressly set forth herein. All prior and contemporaneous negotiations and understandings
between the parties are embodied and merged into this Agreement.
18. Severability. If any term or provision of this Agreement shall be held to be invalid or
unenforceable, the remaining terms and provisions of this Agreement shall continue to exist and
shall be valid and enforceable to the fullest extent permitted by law.
19. Amendment. This Agreement, including its Exhibits, may only be amended by a
written document executed by the Grantor and Grantee,or their successors and assigns.
6
20. Venue. Venue for any legal action relating to this Agreement shall be in the Pitkin
County District Court, Aspen, Colorado.
21. Appropriation. All financial obligations of the parties under and pursuant to this
Agreement are subject to prior appropriations of monies expressly made by the parties for the
purpose of this Agreement.
22.No Personal Liability.No elected official, director, officer, agent or employee of
Grantee or Grantor shall be charged personally or held contractually liable by or to the other
party under any term or provision of this Agreement or because any breach thereof or because of
its or their execution, approval or attempted execution of this Agreement.
23. Paragraph Headings. The paragraph headings in this Agreement have been inserted
solely for convenience of reference and are not a part of this instrument and shall have no effect
upon construction or interpretation.
24. Waiver.No failure or delay of the parties to exercise any power or right under this
Agreement shall operate as a waiver thereof,nor shall any single or partial exercise of any such
right or power, or any abandonment or discontinuance of steps to enforce such right or power,
preclude any other or further exercise thereof or the exercise of any other right or power.
Nothing contained in this Agreement shall constitute a waiver of any right, power or authority of
the parties hereto, except as expressly provided for herein.
25. Counterparts. This Agreement may be executed in duplicate original counterparts,
each of which shall constitute an original,but all of which shall constitute one and the same
document.
26. Authority to Execute. By signing this Agreement,the parties acknowledge and
represent to one another that all procedures necessary to validly contract and execute this
Agreement have been performed and that the persons signing for each party have been duly
authorized to do so. The parties acknowledge and agree that no representation or inducement
has been made regarding the rights set forth in this Agreement that is not expressly set forth
herein.
IN WITNESS WHEREOF, the parties have executed this Agreement the date and
year first above written.
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
By: c`� r ) /
Chair
7
ATT E ST APPROVED AS TO FORM:
—
BY Ji // . .01 // By:
Jeanett: ones, Deputy (perk John M. El silrney
PITKI COUNTY CAPITAL LEASING CORPOgON
- . A41/
By: , /t1 IA°
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
id
SUBSCRIBED AND SWORN to before me this day of , 2014 by
Orn 4 V-
WITNESS my hand and official seal.
[SEAL] JANE A.ACHEY
NOTARY PUBLIC l;` /�G
STATE OF COLORADO (�( (�
LLD
NOTARY ID#19954008987 I"` NIMISSION EXPIRES AUGUST 04,2019 Niattk
Public
I I —iasi .. emfir--es:
THE CITY OF ASPEN, COLORADO
A Municipal Corporation and
Home Rule City
LBy /// ./.*1.4-'6,
ATTES : APPROVED AS TO FORM:
► 1
B W '1 bit ' By: /4i i; AA:=2-----
Linda Manning, City Cler• 4-ss'-i- ity A orney
Aspen City Attorney
8
EXHIBIT A
EASEMENT DESCRIPTION
An easement being situated on portion of Lot 1, First Amended Plat of Lot 1, Pitkin
County Center Subdivision, City of Aspen, State of Colorado, as shown on the Plat
thereof, recorded in Plat Book 93 at Page 56 of the Pitkin County records, said
parcel being more fully described as follows:
Beginning at the northeast corner of said Lot 1; thence S 14'50'49" W along the
easterly line of said Lot 1, a distance of 188.06 feet to the northerly line of that
alleyway lying Northerly of Lots 11 and 12, Block 19, East Aspen Addition to the
City of Aspen;
thence S 75'09'11" E along said northerly line, a distance of 10.10 feet to the
westerly line of that parcel of land described in Reception No. 472856 of the Pitkin
County records;
thence S 14'50'49" W along said westerly line the a distance of 20.39 feet to the
southerly line of said alleyway;
thence N 75'09'11" W along said southerly line, a distance of 60.19 feet;
thence N 14'50'49" E a distance of 20.39 feet to that common line being the
northerly line of said alleyway and the southerly line of said Lot 1:
thence N 75'09'11" W along said common line, a distance of 162.44 feet to the
easterly right—of—way of North Galena Street;
thence along said right—of—way, 13.68 feet along the arc of a non—tangent curve
to the left, having a radius of 53.69 feet, a central angle of 14'35'40", the chord
of which bears N 04'52'48' E a distance of 13.64 feet;
thence S 75'09'11" E a distance of 65.43 feet;
thence N 14'50'49" E a distance of 6.00 feet;
thence S 75'09'11" E a distance of 94.38 feet;
thence N 14'50'49" E a distance of 49.37 feet;
thence S 75'09'11" E a distance of 23.24 feet;
thence N 14'50'49" E a distance of 34.22 feet;
thence S 75'09'11" E a distance of 11.85 feet;
thence N 14'50'49" E a distance of 57.70 feet;
thence N 05'26'00" W a distance of 24.04 feet to the northerly line of said Lot 1;
thence N 84'34'00" E along said northerly line, a distance of 21.41 feet;
thence S 57'25'00" E along said northerly line, a distance of 8.66 feet to the point
of beginning, said parcel containing 0.244 acres (10627 square feet), more or less.
W
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David A.Cooper ./.;
Colo.Reg.P.L.S.#29030 / '
For,and on /• <�
behalf of SGM // /p �s
)il r,�L I zc i�v
16'4(/.�� 1ob No. ]O�JJ3]905
.SVM oallo da Shl. A
6 110wenSn S,C sols21
City of Aspen �. 57015 Easement Exhibit Description
9709454 sonngµ.5..81601 Aop'•d'.
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`970.945.1004 �.sgmincmm sY� Nc.o.....rw_.. l
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•
EXHIBIT B
Graphic Scale
0 25 50 100
In Feet: 1"=50'
Ri LGr ode
eo'• 6 SJ3I , sub
e 6e I
P�Gta N84'34'00"E
21.41'
S57'25'00'E
Pitkin 8.66'
County
Lot 2,
Amended Rio Jail Building N05'26'00"W_ -
Gronde Sub) Lot 1 24.04'
First Amended Plot of Lot 1 N14'50'49"E
Pitkin Cont Center Subdivision 57.70' _o.
Y 7
575'09'11"E `ys `c.
20.39'UR Esmt 11.85' Ste,
per Mat Book 93,Page 56 N14'50'49"E
,s,
and
and 8aok 310 Page 341 34.22' S14'50'49"W
Delta=14'35'38" N14'50'49”E 188.06“
R=53.69' 575'09'11"E ,6
1=13.68' S75'09'11'E �6.Q0' 23.24'
65.43'
Ch Brg=N04'52'48"E a limn JIG arvx rna;
Cl, Dist=13.64' 575'09'11"E i r + fiber opt,
94.38' N14'S0'49E "Y ha'A
.L17 49.37-1yt - ,r" Multipuraose
`' : =-
10,627
k 6 ,General Utility
Eyr,,„„L Il ! Easement
16 c., a�W 6sq. ft.±
S75'09'11"E
Motes haus ,. 10.10'
`eco Ayes aP� d'9'and .04
9oslnf eke, N14'S0'49"E
20.39' 11 S14'50'49"W
Pitkin N75'09'11"W 20.39'
County 60.19'
Courthouse
Building
Pitkin
County
Courthouse
Plaza
Building
3
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a
Cl Moir
Street
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David A.Cooper
k Colo.Reg.P.L.S.#29030 ��'
For,and on 1 '
behalf of SGM
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Rr SGM 70,VJ7 W5
Iciallo kc,05 Shl. B
o „gwes15zA5„ee,5wrY00 City of Aspen O. 97715/2015 Easement Exhibit Map
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CONTRACT# 33f I')
CITY OF ASPEN ELECTRIC DEPARTMENT
UNDERGROUND RIGHT-OF-WAY EASEMENT
TVs Underground Right-of-Way Easement Agreement is entered into this " day
of 0Db..t r , 2015, by and between the BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO, a body corporate and politic, and the PITKIN COUNTY
CAPITAL LEASING CORPORATION, a Colorado corporation(together referred to as
"Grantor"), whose mailing address is 530 E. Main Street, Aspen, CO 81611, and THE CITY OF
ASPEN, COLORADO, a Colorado home rule municipality, whose mailing address is 130 S.
Galena Street, Aspen, CO 81611 ("Grantee").
RECITALS
1. Grantee owns and operates the City of Aspen municipal electricity distribution
system.
2. Grantor is the record owner of that real property("Property") situated in Pitkin
County, Colorado known as:
Second Amended Plat of Lot 1 Pitkin County Center Subdivision,
Situated in Section 7, T.10 S., R.84 W. of the 6th P.M. Pitkin County, Colorado, as more
fully described and recorded in Plat Book/l3Page3Cip
3. The parties desire by this Agreement to (a) establish and to grant to Grantee, a
perpetual,non-exclusive easement as described on Exhibit"A"attached hereto, for an
underground electric transmission and/or distribution line and such other underground utilities as
Grantee has located or may from time to time locate within the easement,to be located along
with other existing utility lines as depicted on Exhibit"B"attached hereto, for the right of
ingress and egress across the Property for the purpose of allowing Grantee to construct,
reconstruct, repair, change, enlarge,re-phase, operate, and maintain its underground utilities with
the underground vaults, fixtures and equipment used or useable in connection therewith,together
with associated equipment required above ground; and(b)to establish certain restrictions with
respect to the easement.
4. The parties desire by this Agreement to establish and assume certain responsibilities in
connection with the easement.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
set forth herein, and for other good and valuable considerations,the receipt and sufficiency of
which are hereby acknowledged, the Grantor and Grantee agree as follows:
1. Grant and Acceptance of Easement.
a. Grantor hereby grants and conveys to Grantee, its successors and assigns, and Grantee
hereby accepts, a perpetual, non-exclusive easement as described on Exhibit A and the right of
RECEPTION#: 626210, 01/08/2016 at
1 02:09:43 PM,
1 OF 10, R $0.00 Doc Code EASEMENT
Janice K. Vos Caudill, Pitkin County, CO
ingress and egress across the Property (the Easement) for the purposes of excavating, installing,
constructing,reconstructing, repairing, changing, enlarging, re-phasing, operating, using and
maintaining underground utilities with the underground vaults, fixtures, equipment and other
facilities used or useable in connection therewith, together with associated equipment required
above ground(collectively the "Activities"), within the multi-purpose, general purpose utility
Easement.
b. The Easement is a common use easement in which other utilities reside and have the
same or similar conditions and restrictions of use within the Easement as Grantee. The utilities
currently associated with this Easement, and the approximate location of such utility lines within
the easement, are identified on Exhibit"B"attached hereto.
2. No Additional Easement.Nothing contained herein shall be construed to grant any
other easement across or under any other real property owned by the County.
3. Grantor's Use of Easement.
a. Grantor's Use Subordinate. The Property is used as county offices and the Grantor's
use of the Easement area shall be subordinate to Grantee's current and future use of the
Easement. Grantor, as the underlying fee estate owner of the Property, shall have the right to
continue to have use of and to occupy the Property and to make such use and improvements on
or to the Property, excluding the Easement area, consistent with its current use or any use that
may be contemplated or conducted by the Grantor in the future.
b. Relocation. Should Grantor improve the Property in furtherance of its current use as
county offices in such a manner as to require the relocation of Grantee's utility lines or
improvements from the Easement area, Grantor shall submit and obtain approval of plans for
such relocation from Grantee, which consent and approval shall not be unreasonably withheld.
Such approval shall be obtained at least sixty (60) days prior to start of construction. Grantor
shall be solely responsible for the cost to relocate the utility line and improvements. Grantee
agrees that any relocation by Grantee shall be vault to vault, in conduit,with no splices.
c. Grantor to provide access. It shall be Grantor's responsibility to ensure that
underground vaults and/or pad-mounted facilities installed in the Easement are accessible by
Grantee's boom trucks and other necessary equipment and personnel without the necessity for
Grantee to remove or alter any improvements, landscaping, or other obstructions. Grantor shall
ensure that the use of such access by Grantee shall not require removal or alteration of any
improvements, landscaping or other obstructions.
d. In addition, without Grantee's prior approval, Grantor shall not alter the ground surface
grade within ten(10) feet of Grantee's vaults or facilities,nor along the power line route between
the vaults. The ground surface grade at above ground and underground vaults and facilities shall
be consistent with City of Aspen electrical standards.
2
e. Improvements, landscaping or any other objects placed in the vicinity of any facilities
shall be located so as not to hinder complete opening of the equipment doors.
f. The ground surface within ten(10) feet of any pad-mounted facility shall be maintained
by Grantor as 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 pad mounted facilities.
g. Grantor hereby agrees to maintain the requirements of this paragraph and to not install
or allow any obstructions or permanent encroachments on the Easement, including but not
limited to fences,buildings, gates, or other structures, or trees,bushes, brush, gardens, storm
water facilities, flagstone, curb and gutter, snowmelt systems or additional pavement, and shall
not obstruct or permit obstruction of access to the Easement. In the event any such obstructions
or encroachments are erected, installed, or permitted to remain upon the Easement premises
notwithstanding this paragraph, Grantor understands and agrees that such obstructions or
encroachments may be removed by Grantee at Grantor's cost, and that Grantee shall have no
responsibility or liability for any damage or destruction thereto.
h. Grantor agrees to eliminate the parking of vehicles or other obstructions within the
Easement for the duration of any work or other Activities within the Easement by Grantee.
4. Grantee's use of Easement.
a. The rights herein granted specifically allow Grantee to service, repair,modify and
relocate existing utilities and install additional underground and/or pad-mounted facilities and
utilities within the Easement.
b. Prior to Grantee's commencement of construction of any new utilities or relocation of
existing utilities within the Easement, Grantee shall obtain the County's approval of Grantee's
construction plans for the Easement. Grantee shall not relocate existing or construct new utilities
and improvements within the Easement without first obtaining the County's approval of
Grantee's proposed construction plans for any construction or relocation, such approval not to be
unreasonably withheld. Should Grantee relocate the utility lines or improvements in furtherance
of any Grantee objective or purpose,the Grantee shall be solely responsible for the cost to
relocate Grantee's utility lines or improvements.
c. Grantee, its employees, contractors, agents and third parties engaged by Grantee and its
licensees, assigns and successors shall have all reasonable right of access to the Easement area.
d. Grantee has the right to remove any and all obstructions and encroachments within
said Easement and access to said easement, at Grantor's expense, and has the right to pile spoils
outside the Easement on the Property during construction and maintenance, when such is
reasonably necessary as determined by Grantee, for the implementation and use of the rights
granted in this Agreement.
3
e. In areas disturbed by Grantee's use of the Easement, Grantee shall grade, re-seed or
re-sod if necessary to restore the surface of the ground to its former condition and contour,
including replacement of asphalt existing as of the date of this agreement,provided that the
Grantee shall not be required to restore or replace any trees, bushes, brush, gardens or other
vegetation on the Easement premises nor any structure thereon.
f. Except in the case of emergency, Grantee agrees that it will inform Grantor by 24
hours in advance,by email to jodi.smith@pitkincounty.com, of its entry to the Easement area to
perform any of the Activities granted herein. Prior to performing any activity within the
Easement for which a permit is required, Grantee must be in receipt of all necessary permits for
the proposed activity.
5. Grantor agrees that all facilities installed by Grantee within the Easement shall remain
the property of Grantee and shall be removable at the option of Grantee.
6. Evidence and Warranty of Title. Grantor shall provide the City with a title
commitment for Grantor's Property prior to Grantee's acceptance of the Easement. Grantor
warrants that Grantor's title to the Easement is free and clear of liens and encumbrances at the
time of Grantor's acceptance of the Easement.
7. Damage to or by other Grantees within Easement. During the performance of any
Activities granted herein, Grantee shall protect the interests of other utility company installations
within the Easement. If damage should occur to the property, utilities, infrastructure, or facilities
of any of the common easement users as a result of the Grantee's actions, the Grantee shall be
responsible for repairing such damage per the reasonable requirements of the specific entity at
Grantee's sole expense. Grantor shall ensure,through similar provisions in Grantor's
agreements with other users of the Easement, that no further utilities are installed within the
Easement which would interfere with Grantee's use of the Easement and that those entities with
existing utilities within the Easement shall protect the interests of Grantee in their use of the
Easement.
8. Liability to Others. To the extent permitted by law, each party shall be responsible for
any and all claims, demands, actions, losses, liabilities, or expenses of whatever sort, including
attorneys fees,that are incurred by any person or entity arising out of or in connection with such
party's use or occupation of the Easement premises, or the use or occupation of the Easement
premises by its agents, employees, contractors, invitees or licensees,provided,however, that
nothing herein shall be construed to abrogate or diminish any protections and limitations
afforded to the parties by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq.
as amended,or other law. In the event the parties, or their respective officers, directors,
members, employees, agents, contractors, representatives, heirs or assigns may be held jointly
and severally liable under any statute, decision, or other law providing for such joint and several
liability for their respective activities on the Easement premises,the obligations of each to
respond in damages shall be apportioned, as between the parties, in proportion to the
contributions of each.
4
9. Choice of Law. This Agreement and every related document shall be governed and
construed in accordance with the laws of the State of Colorado.
10. Binding Effect-Recording. The Easement granted herein shall be binding upon and
inure to the benefit of the parties hereto and their respective successors and assigns forever,
including any record owners of the underlying Property, or any part thereof. The benefits and
burdens hereof shall also run with the title to the underlying Property and all parts thereof
traversed by the Easement. This Agreement shall be recorded by Grantor with the Pitkin County
Clerk and Recorder.
11. Attorneys' Fees. In the event the interpretation or enforcement of this Agreement
should ever become the subject of litigation, arbitration or mediation between Grantee (or its
successors and assigns) and Grantor, the substantially prevailing party shall be awarded its
reasonable costs and attorneys' fees incurred in connection therewith.
12.No Assignment Without Consent. Grantee shall not, without first obtaining the prior
written consent of Grantor, sell, assign, transfer, encumber, hypothecate or sublease any or all of
the rights, interest or obligations under this Agreement. Such consent shall not be reasonably
withheld by Grantor.
13. Notices. Except as otherwise provided herein, all notices or other communication
required or permitted under this Agreement shall be in writing, shall be personally delivered or
sent by United States mail, first class postage prepaid, and such notices shall be deemed given
with received. Notices shall be directed to the following addresses:
To Grantor:
Pitkin County Facilities
Attn: Facilities Superintendent
485 Rio Grande Place
Unit 101
Aspen, Colorado 81611
Telephone No. (970) 920-5396
Fax No. (970) 920-5285
With a copy to:
Pitkin County Attorney
530 East Main Street, Suite 302
Aspen, Colorado 81611
Telephone No. (970) 920-5190
Fax No. (970) 920-5198
To Grantee:
Electric Department Superintendent
219 Puppy Smith Street
Aspen, CO 81611
Telephone No. (970)920-5146
5
E-mail: ron.christian@cityofaspen.com
With a copy to
City Attorney
130 S. Galena Street
Aspen, CO 81611
Telephone No. (970) 920-5059
Fax No. (970) 920-5119
Notwithstanding the foregoing, in the event Grantor discovers an emergency condition
pertaining to Grantee's electrical or other distribution system located on, over, in or through the
Easement premises, Grantor shall make reasonable attempts to promptly notify the City of such
condition by direct delivery of notice to the City Utilities Department by telephone at(970) 920-
5110. Similarly, Grantee shall make reasonable attempts to promptly notify Grantor of any
emergency condition requiring work within the Easement area by direct delivery of notice to:
Jodi Smith,Facilities Superintendent,by telephone at(970) 618-3717.
14. Performance. The Parties agree to perform any and all acts,without limitation, as
may be reasonably necessary to fully effectuate the intent and purposes of this Agreement.
Whenever any action is required or permitted to be taken by the parties under the terms of this
Agreement, such action may be taken and performed by any authorized officer, director, agent or
other representative of the parties.
15. No Third Party Beneficiaries. It is the intent of the parties hereto that no third party
beneficiary interest is created in this Agreement. The parties hereto are not presently aware of
any actions by them or any of their authorize representatives which would form the basis for
interpretation construing a different intent and expressly disclaim any such acts or actions.
16. No Waiver of Governmental Immunity. Grantee and Grantor, its directors, officials,
officers, agents and employees are relying upon and do not waive or abrogate, or intend to waive
or abrogate by any provision of this Agreement the monetary limitations or any other rights
immunities or protections afforded by the Colorado Governmental Immunity Act, C.R.S. § 24-
10-101, et seq., as it may be amended from time to time.
17. Entire Agreement. This Agreement constitutes the entire and complete agreement of
the parties in regard to the subject matter herein. No promise or undertaking has been made by
any party, and no understanding exists with respect to the transaction herein contemplated except
as expressly set forth herein. All prior and contemporaneous negotiations and understandings
between the parties are embodied and merged into this Agreement.
18. Severability. If any term or provision of this Agreement shall be held to be invalid or
unenforceable,the remaining terms and provisions of this Agreement shall continue to exist and
shall be valid and enforceable to the fullest extent permitted by law.
19. Amendment. This Agreement, including its Exhibits, may only be amended by a
written document executed by the Grantor and Grantee, or their successors and assigns.
6
20. Venue. Venue for any legal action relating to this Agreement shall be in the Pitkin
County District Court,Aspen, Colorado.
21. Appropriation. All financial obligations of the parties under and pursuant to this
Agreement are subject to prior appropriations of monies expressly made by the parties for the
purpose of this Agreement.
22.No Personal Liability. No elected official, director, officer, agent or employee of
Grantee or Grantor shall be charged personally or held contractually liable by or to the other
party under any term or provision of this Agreement or because any breach thereof or because of
its or their execution, approval or attempted execution of this Agreement.
23. Paragraph Headings. The paragraph headings in this Agreement have been inserted
solely for convenience of reference and are not a part of this instrument and shall have no effect
upon construction or interpretation.
24. Waiver. No failure or'delay of the parties to exercise any power or right under this
Agreement shall operate as a waiver thereof,nor shall any single or partial exercise of any such
right or power, or any abandonment or discontinuance of steps to enforce such right or power,
preclude any other or further exercise thereof or the exercise of any other right or power.
Nothing contained in this Agreement shall constitute a waiver of any right, power or authority of
the parties hereto, except as expressly provided for herein.
25. Counterparts. This Agreement may be executed in duplicate original counterparts,
each of which shall constitute an original,but all of which shall constitute one and the same
document.
26. Authority to Execute. By signing this Agreement,the parties acknowledge and
represent to one another that all procedures necessary to validly contract and execute this
Agreement have been performed and that the persons signing for each party have been duly
authorized to do so. The parties acknowledge and agree that no representation or inducement
has been made regarding the rights set forth in this Agreement that is not expressly set forth
herein.
IN WITNESS WHEREOF, the parties have executed this Agreement the date and
year first above written.
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
By: c-��-j.. i,‘ )
Chair
7
ATT'ST (l APPROVED AS TO FORM:
I
By: '/ il,. ; 11.4 By:
Jeanettfones, Deputy y Jerk John M. El ty ttorney
PITKI COUNTY CAPITAL LEASING CORPORATION
By: /�1
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
SUBSCRIBED AND SWORN to before me this'5\1' day of ,
C��^� , 2014 by
'��
WITNESS my hand and official seal.
[SEAL�'r "ANTARYE A.ACHEY /,f
L vNOPUP,LIC ✓
STATE OF COLORADO
NOTARY ID#19954008967
ThMMISSION EXPIRES AUGUST 04,201 y Notary Public
M z- ormnissioni-e ices:
THE CITY OF ASPEN, COLORADO
A Municipal Corporation and
Home Rule City
By /ti
l�
ATTES : APPROVED AS TO FORM:
B bat By: \ak i;
Linda Manning, City Cler r‘`-1 ity A orney
Aspen City Attorney
8
EXHIBIT A
•
EASEMENT DESCRIPTION
An easement being situated on portion of Lot 1, First Amended Plat of Lot 1, Pitkin
County Center Subdivision, City of Aspen, State of Colorado, as shown on the plat
thereof, recorded in Plat Book 93 at Page 56 of the Pitkin County records, said
parcel being more fully described as follows:
Beginning at the northeast corner of said Lot 1; thence S 14'50'49" W along the
easterly line of said Lot 1, a distance of 188.06 feet to the northerly line of that
alleyway lying Northerly of Lots 11 and 12, Block 19, East Aspen Addition to the
City of Aspen;
thence S 75'09'11" E along said northerly line, a distance of 10.10 feet to the
westerly line of that parcel of land described in Reception No. 472856 of the Pitkin
County records;
thence S 14'50'49" W along said westerly line the a distance of 20.39 feet to the
southerly line of said alleyway;
thence N 75'09'11" W along said southerly line, a distance of 60.19 feet;
thence N 14'50'49" E a distance of 20.39 feet to that common line being the
northerly line of said alleyway and the southerly line of said Lot 1:
thence N 75'09'11" W along said common line, a distance of 162.44 feet to the
easterly right—of—way of North Galena Street;
thence along said right—of—way, 13.68 feet along the arc of a non—tangent curve
to the left, having a radius of 53.69 feet, a central angle of 14'35'40", the chord
of which bears N 04'52'48" E a distance of 13.64 feet;
thence S 75'09'11" E a distance of 65.43 feet;
thence N 14'50'49" E a distance of 6.00 feet;
thence S 75'09'11" E a distance of 94.38 feet;
thence N 14'50'49" E a distance of 49.37 feet;
thence S 75'09'11" E a distance of 23.24 feet;
thence N 14'50'49" E a distance of 34.22 feet;
thence S 75'09'11" E a distance of 11.85 feet;
thence N 14'50'49" E a distance of 57.70 feet;
thence N 05'26'00" W a distance of 24.04 feet to the northerly line of said Lot 1;
thence N 84'34'00" E along said northerly line, a distance of 21.41 feet;
thence S 57'25'00" E along said northerly line, a distance of 8.66 feet to the point
of beginning, said parcel containing 0.244 acres (10627 square feet), more or less.
,
David A.Cooper /$
Colo.Reg.P.L.S.#29030 /�
For,and on
behalf of SGM 7//5//�
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Iuo. 2013-33)005
ry SGM lobo Shi. a
p 118wesi5i>nhStrad,Suite 200 City of Aspen ori.. z/w20i5 Easement Exhibit Description
Glenwood Spnngs,CO81601 ^ppo.al. a B
970.945.i004 www.zgmincmm ,.I.: mcr.,....nw....wa l
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EXHIBIT B
Graphic Scale
0 25 50 00
In Feet: 1"= 50'
Cot
RSD cp/anoe
k• R\o Sub
sae
P�FooN84'34'00"E
21.41'
557'25'00"E
Pitkin 8.66'
County
(Lot 2, Jail Building ND5'26'00"W
Amended Rio __--
Grande Sub) Lot 1 24.04'
Amended Plat of Lot 1 N14'50'491/First
itkin Cont Center Subdivision 57.70' o.
Y S75'09'11"E5` .r
2039'Util.Esmt 11.85'
per Plat Book 93,Page 56 N14'50'49"E
and Book 310 Page 341 34.22' 514'50'49"W
Delta=14'35'38" 188.06'
N14'50'49"E S75'09'11"E fi
R=53.69' r6.00'
L=13.68' 575'09'11"E 23.24'
Ch Brg=N04'52'48"E 65.43'
Ch Dist=13.64' 575'09'11"E \'
94.38' N14'50'49"E
w "r nr t 49.37 -- Multi—purpose
Nw 10 j
General Utility
0
1' �,wtro Easement
colNl'9 w46245, ='1 0.244 ac.t
10,627 sq. ft.±
575'09'11"E
indicates,....,s 10.10'
ea we�
•''''4 ldtedehone, N14'50'49"E ,g
900 lines,etc 20.39'
Pitkin S14'50'49"W
County N75'09'11"W� 20.39'
Courthouse 60.19'
Building
Pitkin
County
Courthouse
Plaza
Building
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6 Moi-n StZ. reet
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David A.Cooper
Colo.Reg.P.L.S.#29030 /-
For,and on /�
behalf of SGMfi 7//5//5
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r7° loh No. 2013337.005
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SGM a"."� dx shl. B
p 118 WestSlwhStreet,Suilc200 City of Aspen o=�.' 077tsi,pts Easement Exhibit Map
Glenwood Spnngs,CO 81601 APF,..., B
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