HomeMy WebLinkAboutbocc.con.359.2017 - BOCC APPROVED BY CONTRACT
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`� 4/- -Melted) HOLY CR055 ENERGY •
UNDERGROUND RIGHT-OF-WAY EASEMENT
•
KNOW AU.MEN BY THESE PRESENTS,that the undersigned,
Board of County Commissioners of Pitkin County
(hereinafter called'Grantors'),for a good and valuable consideration,the receipt whereof Is hereby acknowledged,do
hereby grant unto Holy Cross Energy,a Colorado corporation whose post office address is P.O.Box 2150,Glenwood
Springs,Colorado thereinafter called°Grantee, and to its successors and assigns;the right of Ingress and egress across
lands of Grantors,situate in the County of Pitkin,Stale of Colorado,described as follows:
•
A parcel of and sltUate in Section 08,Township 09 South,Range 85 West of the 6th P.M.,as more
'
fully described in the particular Quit Claim Deed recorded by Reception Number 346439 In the
records of the Pitkin County Clerk and Recorders Office,Aspen,Colorado.
And,to construct,reconstrdct,repair,change,enlarge,re-phase,operate,and maintain an underground electric i
transmission or distribution line,or both,with the underground vaults,conduit,fixtures and equipment used or useable im
connection therewith,together with associated equipment required above ground,within the above mentioned lands, upon
an easement described as follows: .
An easement ten(10)feet In width,the centerline for said easement being an underground power line as constructed,the
approximate!Dation of which upon the above described property Is shown an 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 herein.
It shall be the Grantors responsibility to ensure that splice vaults,switchgear vaults and transformer vaults installed
hereunder on said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at-
all times. The use of such access by Grantee shall not require removal or alteration of any Improvements,landscaping,or
other obstructions. The ground surface grade shall not be altered within ten(I 0)feet of said splice,switchgear and
transformer vaults,ow-along the power line route between the vaults The ground surface grade at said transformer and
switchgear vaults shall be six(6)Inches below the top of the pad. The ground surface grade ateald splice vaults shall be
even with the top of the pad. The manhole opening of said splice vaults shall be uncovered(excluding snow)and
accessible at all times. Improvements,landscaping or any other objects placed In the vicinity of said transformers and
switchgear shall be located,5o as not to hinder complete opening of the equipment doors. The ground surface within ten '
(10)feet of said transformer and switchgear doors shall he flat,level and free of Improvements,landscaping,and other
obstructions. Improvement,landscaping and other objects will be kept a minimum of four(4),feet from non opening
sides and backs of said trarjs ormers and switchgear. Grantors hereby agree to maintain the requirements of this '
paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections -
will be made at the sole cost and expense of Grantors.
Together ilespwith the e right itod remove any and all trees,tion brush,vegetation and obstructionswhn ch aso said easement and the rl-
implementation
mpie entatio and saiditherigntshere construcrintand n maintenance, such Is reasonablyistubednecessary for the ed
use ofthetea and use of the rights hereinabove eeded u.usingIar sta lard ative by Granee. r rte above dthoiRedt
easement,usescapesurafe im surface tsallde on sa eas Gent after the demix byGrantee.
hereof
agreethat
land taorother n surface prnsemefos addede said easement after the dateinof executionfaceiprovemen be used by
and that GranteeItssI not toresponsibleg ordamagetorightsby easement I
Grantors agree 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. • '
Grantors covenant that thesaare the owners 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: All those-of Record
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.
•
W/0#17-22g32:78-52:PRk)n County
Is landfillOverheadTap 5/11/17 17.22832 AC Page
ee 1 oft Revised 12/18/15 •
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RECEPTION#:
642630,R:523.00,D:60.00 ,
1
DOC CODE:EASEMENT
Pg 1 of 3,10/Z612017 at 03:45:15 PM
Janice K.Vos Caudill,Pitkin County,CO
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RECEPTION#642530,1 012 612 01 7 at 03.45'15 PM,Pgs 2 of 3,Janice K Vos Caudill,Pitkin County,CO
. lit
IN VW-Mug L"PGREOF,6��[���pprshave°tried these preEosis to be duly executed on this /V day of
(/GM,OI✓ 20 /7 . ,
The Individual signing this Holy Cross Energy Underground Right-of-Way Easement hereby represents that he/she has tint -
power and authority to sign,execute,and deliver this Instrument
The Board of aunty Commissioners •f Pitkin County
•
/ r
y
Title: v I
STATE OF.
ss.
COUNTY OF that
1 .
TheAregoing instr ent was acknawie before me this •.• •f _12- 20 gen
by O
creta t (y1>KiY as 1A.4le Mt ay.. of a Bo. • of Commission-rs .f Pitkin County. •
WITNESS myhand olid official seal. n' '
My commission expires: _ / v, . [M�"
1 N•.).ry Publiq�
_ • f ee--
JEANN TME JONES Address: �� 1 i,l„klL;. Q7Gl /!.,/: CD
AARRYY PUBLIC ! y1 Of
STATE OF COLORADO
NOTARY ID 78809002365 -
If21S1Y�LlYESP8EB5�27bE4$?•2+1 "
W/0#17-22832:78-52:Pltkin County Landfill Overhead Tap 5/1 I/I7 7.12332ee Page 2 of 2 Revised 12/18/15
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CONTRACT4
311- aor
#'1 3Go- non
361 - 1-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN I 4444 S{Rk)
COUNTY,COLORADO, GRANTING AN UNDEDRGROUND RIGHT OF WAY
EASEMENT TO HOLY CROSS ENERGY AND APPROVING THE EXTENSION OF
ADDITIONAL ELECTRICAL FACILITIES TO THE PITKIN COUNTY SOLID
WASTE CENTER FOR THE PURPOSE OF LEACHATE TREATMENT
ORDINANCE NO. 07 -2017
RECITALS:
1. Pursuant to 30-35-301 C.R.S.,the Boaid of County Commissioners of Pitkin County,
Colorado(the"BOCC"),a home rule county,is authorized to make and publish
ordinances for currying into effect or discharging the powers and duties conferred upon
such counties by law and as seems necessary.
2. Pursuant to Section 2.8 I of the Home Rule Charter("HRC"),the BOCC is authorized to
take official action by Ordinance for certain matters where action is prescribed pursuant
to the Colorado Revised Statues as amended.
3. Pitkin County is the owner of real property situated in Section 08,Township 09 South,
Range 85 West of the 6'h P.M.as more fully described in that particular Quit Claim Deed
recorded at Reception No. 346439 in the records of the Pitkin County Clerk and
Recorder's Office,Aspen, Colorado.
4. The County desires to extend additional underground electric service to the Solid Waste
Center in order to effectively operate the required leachate water treatment system, which
requires the attached easements and agreements to be effectuated.
5. The BOCC finds that adoption of this ordinance is in the best interest of the citizens of
Pitkin County.
NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts an ordinance and authorizes the Chair or the Chair's
designee to sign the Ordinance and upon the satisfaction of the County Attorney as to form,
execute any other associated documents necessary to complete this matter.
IIIIII11111 IIIIIIUIIIIIIIIII11111lIIIIIIIIIIIIIIIII1111111111111IIIIIII
RECEPTION#:644345, R: $0.00, D: $0 00
DOC CODE: ORDINANCE
Pg 1 of 10,01/10/2018 at 04:26:04 PM
Janice K.Vos Caudill, Prtkrn County,CO
INTRODUCED AND FIRST READ ON THE /54' DAY OF44,6,14 .2017 AND
SET FOR SECOND READING AND PUBLIC HEARING ON THES DAY OF
_ t y./..6uJ?e/ 2017.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
R SOLUTION PUBLISHED IN DIE ASPEN TIMES WEEKLY ON THE_/°/°I- DAY OF
b+/,2017.
NOTICE OF PUBLIC HEARING AND THE FULL TEX F OF THE RESOLUTION POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE(wwwy pitkincounty.comn)ON THE
/Y DAY OF_,lj, lfe bur 2017. ,,/,�
ADOPTED AFTER�_ FINAL READING AND PUBLIC HEARING ON THE t(1 " DAY
OF 2(41114%4.4r i 2017.
PUBLISHED BY TITLE AND SHORT SUMMAR AFTER ADOPTION,IN THE ASPEN
TIMES WEEKLY ON THE_ 7n_. DAY OF jj my .2017.
POSTED BY TITLE AND SHORT SUMMARY ON,THE OFFIC L P TKIN COUNTY
WEBSITE(www pitkincounty.com) ON THE _DAY OF . fl
ATTEST: BOARD OF COUNTY COMMISSIONERS
��f,� 1 I _ a /
BY I__�)0011.-fiU I 1�p. By %. lit f_
Jean (te Jones ti George New .n,Cha
Depidy County Clerk �//a,t -
Date: / _
APPROVED AS TO FORM: MANAGER APPROVAL
,C ^ '
C/ /JL=
John F , aunty Attorney Jon Peacock,County Manage!