HomeMy WebLinkAboutbocc.ord.009.2020Contract No 196.20
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DOC CODE: ORDINANCE
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Janice K. Vos Caudill, Pitkin County, CO
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITIUN
COUNTY, COLORADO GRANTING AN ACCESS EASEMENT TO THE ASPEN
CONSOLIDATED SANITATION DISTRICT AND GRANTING A UTILITY
EASEMENT TO HOLY CROSS ENERGY
kv ORDINANCE NO. GM 2020
RECITALS
a 1. Pursuant to C.R.S. § 30-35-301, the Board of County Comrnissioners of Pitkin
County, Colorado (the `BOCC"), a Home Rule County, is authorized to make and publish
ordinances for carrying into effect or discharging the powers and duties conferred upon such
counties by law and as seems necessary; and
2. Pursuant to Section 2.8.1 of the Pitkin County Home Rule Charter, the Board of
County Commissioners of the County of Pitkin, Colorado is authorized to take official action by
Ordinance for certain matters as set forth in the Home Rule Charter as well as the Colorado Revised
Statues as amended; and
3. Section 2.8.1.1 of the Pitkin County Home Rule Charter provides that official action
by ordinance shall be required for the "granting of easements in public lands, acquisition, vacation,
sale, or purchase of any real property asset, lease in excess of one year of public lands, and
authorization of proceedings in eminent domain;" and
a
4. The proposed Access Easement Agreement (the "Access Easement Agreement")
with the Aspen Consolidated Sanitation District (the "ACSD") is intended to grant an access
easement to ACSD across property owned by Pitkin County, upon the terms and conditions set
forth in the Access Easement Agreement. A copy of the Access Easement Agreement and its
Exhibits are appended hereto as Exhibit 1; and
5. The proposed Utility Easement Agreement (the "Utility Easement Agreement")
with Holy Cross Energy ("HCE") is intended to grant a utility easement to HCE across property
1 owned by Pitkin County, upon the terns and conditions set forth in the Access Easement
Agreement. A copy of the Access Easement Agreement and its Exhibits arc appended hereto as
Exhibit 1; and
6. The BOCC desires to grant the easements and enter into the Access Easement
Agreement and the Utility Easement Agreement for that purpose; and
7. The terms of the Access Easement Agreement and the Utility Easement Agreement
are set forth, and the Chair (or Chair's designee) shall be authorized to execute each in a form
substantially similar to those attached hereto as Exhibit I and Exhibit 2 upon adoption by the
BOCC and with approval to form by the Pitkin County Attorney's Office; and
8. The BOCC finds that adoption of this Ordinance is necessary for the immediate
preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore
declares this Ordinance to be effective immediately upon adoption.
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DOC CODE: ORDINANCE
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Janice K. Vos Caudill, Pitkin County, CO
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NOW THEREFORE, BE IT ORDAINED that the Board of County Commissioners of
the County of Pitkin, Colorado, hereby adopts this Ordinance Granting an Access Easement
Agreement to the ACSD and a Utility Easement Agreement to HCE. The Chair of the Board of
County Commissioners of the County of Pitkin, Colorado, or his or her designee, is further
authorized to execute such documents as necessary to consummate this transaction subject to the
recommendation for approval as to form by the County Attorney.
INTRODUCED AND FIRST READ ON THE 26 DAY OF FEBRUARY 2020AND
SET FOR SECOND READING AND PUBLIC HEARING ON THE �5 DAY OF
MARCH 2020
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE i3 DAY
OF FEBRUARY 2020,
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON
THE OFFICIAL PITKIN COUNTY WEBSITE (www.Ditkincounty.com ) ON THE 13
DAY OF FEBRUARY 2020
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 25 DAY OF
MARCH 2020.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 2 DAY OF APRIL 2020
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE 29 DAY OF OCTOBER 20 20
ATTEST: BOARD OF COUNTY COMMISSIONERS
By itAkt.{f t iew s By: S F. GLu.
Jeanette Jones
Deputy County Clerk
APPROVED AS TO FORM:
By:W'
Richard Y. Neiley Iil
Asst. County Attorney
Steven F. Child, Chair
Date:
MANAGER APPROVAL
By: PL&4Ls I'lta is
Phylis Mattice for Ion Peacock, County Manager
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Rerecorded to Replace and Correct Exhibits Attached to Prior Recording at Rec. # 667176.
This Document is Intended to and Does Hereby Replace the Prior Recording In Its Entirety
ACCESS EASEMENT AGREEMENT
THIS ACCESS EASEMENT AGREEMENT ("Agreement") is made and entered into this
day of 2000 (the "Effective Date") by and between the BOARD OF
COUNTY COMMI ONERS OF PITKIN COUNTY, COLORADO ("Grantor' or "County"), a
body corporate and politic whose address is 530 E. Main St., Suite 302, Aspen Colorado 81611
and the ASPEN CONSOLIDATED SANITATION DISTRICT (the "Grantee" or"ACSD") whose
address is 565 N. Mill St, Aspen, Colorado 81611. Grantor and Grantee are sometimes referred
to collectively herein as the "Parties."
RECITALS
WHEREAS, Grantor is the owner of certain real property located in Pitkin County,
Colorado known as W/J Filing 5, Area D (the "County Property"), which County Property is fully
described and depicted in the Warranty Deed recorded in the real property records in the Pitkin
County Clerk and Recorder's Office at Reception No. 518479; and
WHEREAS, Grantee is the owner of certain real property located in Pitkin County,
Colorado generally known as the ACSD bio-solids disposal site (the "ACSD Property"); which
ACSD Property has a legal description as set forth in Exhibit A attached hereto; and
WHEREAS, Grantor manages the County Property, through the Pitkin County Open Space
and Trails Department, as a portion of the Wilton Jaffee Sr. Park; and
WHEREAS, Grantee has submitted an application with the Pitkin County Community
Development Department to utilize the ACSD Property for the installation and maintenance of a
5 megawatt solar power facility (the "Solar Project"); and
WHEREAS, Grantee finds that it is desirable and necessary to acquire an easement over
and across the County Property to access the ACSD for the purpose, among other things, of
constructing, maintaining, and servicing the Solar Project; and
WHEREAS, Holy Cross Electrical Association, Inc. is a Colorado Cooperative
Association ("HCE"), which provides electric service to customers in Pitkin County, Colorado,
including to Grantor; and
WHEREAS, HCE intends to purchase electricity generated on the ACSD Property for sale
to its members; and
WHEREAS, by separate agreement, HCE intends to utilize portions of the County Property
for the transmission of electricity generated on the ACSD Property; and
WHEREAS, HCE provides its customers with the opportunity to purchase electricity as
part of its PuRE program. The PuRE program allows customers to elect to pay a premium to use
electricity generated from renewable sources. Pitkin County participates in the PuRE program and
is generally desirous of obtaining electricity for its use sourced from renewable resources, such as
wind and solar generating facilities; and
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Exhibit 1
WHEREAS, ACSD and HCE have offered to allocate an additional 582,000 kilowatt hours
of Pitkin County's current electric usage purchased from HCE as part of the PuRE program, with
no premium charge to Pitkin County, until December 31, 2030; and
WHEREAS, ACSD desires to grant, and Pitkin County desires to accept, a conservation
easement on the ACSD Property generally on that portion of the ACSD Property that is on the
steep slopes of the Roaring Fork Gorge; and
WHEREAS, by the execution of this Agreement, Grantor desires to convey to Grantee for
a tenor that begins on the date of this Agreement set forth above and that expires on the date of the
expiration of the term of the Special Review Use approval granted to the Project, and Grantee
desires to accept, a non-exclusive access easement over and across the County Property for the
purposes and on the terms and conditions herein provided.
AGREEMENT
NOW, THEREFORE, as consideration for the allocation of 582,000 kilowatt hours of
electrical usage being allocated to the HCE PuRE program at no premium charge to Pitkin County
as well as for the grant of the conservation easement on the ACSD Property as generally described
above, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, and in further consideration of terms, conditions, covenants and mutual promises
contained herein, the parties hereto agree as follows:
l . Grant of Access Easement. Grantor does hereby grant and convey to Grantee, and
its successors and assigns, and Grantee hereby accepts, a non-exclusive access easement (the
"Access Easement") over, upon, and across, Grantor's Property, as limited below. The Access
Easement shall provide access over, upon, and across Grantor's Property in the location of the
existing roadway that traverses Grantor's Property generally along the eastern boundary of said
property and provides access to the ACSD Property from the roadway generally known as Stevens
Street.
2. Purpose and Term of Access Easement for Construction of Solar Project. The
purpose of the Access Easement is for the ingress and egress of ACSD, its invitees, and guests to
construct and maintain the Solar Project described above, and other similar uses typical of an
access easement and otherwise consistent with this Agreement. The term of this Agreement and
the grant of the above -described Access Easement shall commence on the date first set forth above
and shall expire automatically on the date of the expiration of the term of the Special Review Use
approval granted to the Project, unless further extended through modification by the Parties as set
forth in Paragraph 13 below
3. Grant of Perpetual Access Easement Based on Historic Use. The parties agree and
acknowledge that ACSD has historically utilized the roadway described herein for access to the
ACSD Property for use as a bio-solids disposal site and management of the ACSD Property
incidental to that use. Grantor hereby grants to ACSD a perpetual access easement based on that
historic use (bio-solids disposal and uses incidental thereto), which does not include any other
right, except as set forth in paragraph 2 above for construction of the Solar Project, such as the
installation of utilities or expansion beyond access for bio-solids disposal, for continuing access to
the ACSD Property. The grant of easement described herein in no way shall be interpreted to
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expand this historic use to serve other uses not specifically described herein.
4. Use of Access Easement by Grantor. Grantor shall retain the right to use and enjoy
the Acrlcs Easement, including the right to construct utilities, so long as such use and enjoyment
do not interfere with the Grantee's rights hereunder.
5. Maintenance of the Roadway and Other Improvements. The roadway within the
Access Easement shall not be improved or enlarged for any purpose without written consent of the
Grantor, which consent Grantor may provide at its sole discretion. Grantee may perform such
routine road maintenance, such as grading, from time to time at its sole expense provided that
Grantor provides notice to Grantor in the manner set forth below at least thirty (30) days prior to
commencement of such work. Grantee may plow snow from the roadway and perform other winter
maintenance of the Access Easement without consent of Grantor.
6. Revairs Caused by Negligence. In the event that any damage to Grantor's Property
or the Access Easement, or improvements, landscaping, or utilities located thereon are caused by
the negligence of the Grantee or the Grantee's contractors, agents, licensees, employees, or guests,
then such repair shall be undertaken by Grantee at its sole cost and expense within a reasonable
time after the negligence which caused the need for the repair.
7. No Interference or Obstruction. No Party shall obstruct, impede or interfere in the
reasonable use of the Access Easement Area for the purposes described herein.
8. Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be hand -delivered or sent by registered or certified regular mail, postage pre -paid to the
addresses of the parties as follows. Each party by notice sent under this paragraph may change the
address to which future notices should be sent. Electronic delivery of notices shall also be deemed
sufficient and considered delivered upon receipt of confirmation of delivery on the part of the
sender.
To Grantor Pitkin County:
County Manager
530 East Main St., Suite 302
Aspen, Colorado 81611
Email: jon.oeacockrapitkincounty,com
To Grantee ACSD
Aspen Consolidated Sanitation District
565 N. Mill Street
Aspen, CO 81611
Attention: Bruce Matherly, District Manager
With copies to:
Pitkin County Attomey's Office
530 East Main St., Suite 301
Aspen, Colorado 81611
Email: attornevfr&pitkincounty.com
9. Indemnification and Release. Grantee assumes any risk involved in the use of the
Access and Utilities Easement, and releases and discharges Pitkin County and its successors and
assigns from any liability for loss, damage or injury incurred by Grantee or third parties as a result
of or in connection with Grantee's and her guests' and invitees' use, entry or presence upon the
Access and Utilities Easement, or Grantee's and her guests' and invitees' activities thereon
pursuant to the Access and Utilities Easement. To the extent permitted by law, Grantee shall
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indemnify, defend and hold harmless Pitkin County, and its successors and assigns from and
against any and all claims, actions, causes of action, liability, losses, damages, costs or expenses,
including reasonable attomey's fees, and including, without limitation, any and all mechanics'
and/or materialmen's liens and claims, which may be imposed upon or incurred by Pitkin County,
and which arise from or are related to Grantee's use of the Access and Utilities Easement, or the
operation, construction, maintenance, repair, modification, or any part thereof.
10. Attorney Fees. In the event legal remedies must be pursued to resolve any dispute
or conflict regarding the terrns of this Agreement or the rights and obligations of the parties hereto,
the substantially prevailing party shall be entitled to recover costs incurred in pursuing such
remedies, including expert witness fees and reasonable attomey fees.
11. 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 Immunities Act, C.R.S.
§§ 24-10-101, el seq., as it may be amended from time to time.
12. No Assignment Without Written 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, interests, or obligations under this Agreement.
13. Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties relating to the subject matter hereof. All preceding
representations or agreements relating to the subject matter hereof, whether written or oral, are
hereby merged into this Agreement.
14. Modification. No provision or term of this Agreement may be amended, modified,
revoked, supplemented, waived, or otherwise changed except by a written instrument duly
executed by the parties hereto or the parties' successors and/or assigns.
15. Severability. If any term or provision of this Agreement shall be held to be invalid
or unenforceable by a Court with competent jurisdiction or by operation of statute, 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.
16. Waiver. Any waiver by either party hereto of any breach of any kind or character
whatsoever by the other party, whether such shall be direct or implied, shall not be construed as a
continuing waiver of or consent to any subsequent breach of this Agreement on the part of the
other party.
17. Default. Either party shall have the right to enforce the obligations of performance
of the other party as contained herein through litigation seeking an award of damages or injunctive
relief.
18. Counterparts. This Agreement may be executed in counterparts and, as executed,
shall constitute one agreement, binding on all of the parties hereto notwithstanding that all said
parties are not signatory to the original or same counterpart.
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19. Governing Law and Venue. This Agreement shall be governed and construed in
accordance with the laws of the State of Colorado. Venue for all actions arising under this
Agreement shall be Pitkin County, Colorado.
20. Recordation. Upon execution by the parties, this Agreement shall be recorded in
the real estate records of Pitkin County, Colorado.
21. Authority to Sign. The parties acknowledge and represent to each other 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.
[Signature Page(s) Follow]
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the day and year first above written.
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY
By:
ik-44f Uou4s ev,e , ice Chair 7Jvc.y,aoao
APPRO _ D TO FORM:
By:
Ri ? Neiley III, Assistant County Attorney
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing was acknowledged (sworn) before me this'?1r`-day of Q`t,.,
20?Oby Kelly McNicholas Kury as Vice Chair of the Board of County Commissionds of
Pitkin County.
Witness my hand and official seal
My commission expires: 6 ,3 . a A
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4830-3349-7004.6
RICHARD YOUNG NEILEY III
Noury Public
State of Colorado
Notary10. 20174026361
My Commission Expires 06-23-2021
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the day and year first above written.
ASPEN CONSOLIDATED SANITATION DISTRICT
By: y�tl �ccR►L�L
Je1+4 Fes- k's g-c-tt t . C 44.1rv+A4
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
Subscribed and sworn to before me this E day of SL. L. `i by
�u , K%L K £ as C +e irwL 6,.) of the Aspen Consolidated Sanitation
District.
Witness my hand and official seal.
My commission expires: 1 1- — 3 - 0-3
RICHARD MATHERLY
NOTARY PUBLIC
STATE Of COLORADO
NOTARY ID 19914017848
MY COMMi6IaOR E%PIREE DECEUYER 31,1023
4130.3349-7004.6
7
1.-e4. A-'c 'TEA wrfi ,. - Cer
Notary Public
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ACCESS EASEMENT DESCRIPTION
A Variable Width Easement for the purpose of Access. described by general Centerline of historical use, lying and
situated in the Southwest Quarter of Section 22, Township 9 South, Range 85 West of the Sixth Principal
Meridian, Pitkin County, Colorado, said Access Easement lying within that Parcel of land designated "Area D
Parcel" granted to Board of County Commissioners of Pitkin County, Colorado and described in a Warranty Deed
recorded December 15, 2005 as Reception Number 518479 (said Area D Parcel also shown and dimensioned on
an Exhibit Map appearing on page 5 of the plat THE FINAL PLAT FILING 5, W/J RANCH, A PLANNED
COMMUNITY recorded December 5, 2005 in Plat Book 76 at Page 79 - 84), said Centerline and Access
Easement more particularly described as follows:
Commencing at the Southwest comer of said Section 22 monumented by a found 2-1/2 inch aluminum cap
marked "D.B. & CO. PLS 24275 2002", from whence the West 1/4 corner of said Section 22 monumented by a
3-1/4 inch aluminum cap marked "BANNER INC. 20632", bears North 00° 04' 15" East (grid bearing) as
determined by Global Positioning System observations referenced to the Colorado State Plane Coordinate
System, Central Zone, NAD83, a ground distance of 2665.33 feet, and all bearings herein are relative thereto;
Thence North 00° 04' 15" East 433.96 feet on the West line of said Southwest Quarter to the South line of said
Area D Parcel ; Thence South 88° 52' 47" East 285.43 feet on said South line to a point on the South line 15.00
feet West of the Southeast Comer of said Area D Parcel and the POINT OF BEGINNING of said Centerline and
Access Easement herein described; Thence northerly the following 7 courses and distances:
1) North 01 ° 07' 16" East a distance of 87.04 feet to the beginning of a tangent curve concave westerly; 2)
Thence northerly on said curve an arc length of 96.21 feet. said curve having a radius of 500.00 feet. a chord
bearing of North 04° 23' 28" West. a chord distance of 96.06 feet and an interior angle of 11° 01' 28", to a point of
tangency; 3) Thence North 09° 54' 12" West a distance of 712.04 feet the beginning of a non -tangent curve
concave westerly; 4) Thence northerly on said curve an arc length of 112.08 feet, said curve having a radius of
1124.15 feet, a chord bearing of North 13° 55' 30" West, a chord distance of 112.04 feet and an interior angle of
05° 42' 46"; 5) Thence North 17° 56' 47" West a distance of 80.42 feet to the beginning of a tangent curve
concave easterly; 6) Thence northerly an arc length of 206.67 feet, said curve having a radius of 664.45 feet, a
chord bearing of North 09° 02' 09" West, a chord distance of 205.84 feet and an interior angle of 17° 49' 16", to a
point of tangency; 7) Thence North 00° 07' 31" West 205.84 feet to a POINT OF TERMINUS lying on the
southwesterly line of C-2 Common Area, SECOND AMENDMENT TO THE FULLY DEVELOPED LANDS
SUBDIVISION EXEMPTION PLAT OF FILING I, WU RANCH HOMES, A PLANNED COMMUNITY, a subdivision
of land in said County and State, said southwesterly line also being the southwesterly line of that certain 30 feet
wide Ingress/Egress Easement granted to Aspen Consolidated Sanitation District in an Easement Agreement
recorded September 28, 2001 as Reception Number 459185 and described on Exhibit B of said Easement
Agreement.
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DATE: 9/28/2020
DRAWN BY: WML
CHECKED BY_ NSS
DRAWING: V_ESM_020_1372_AccsPtknCo.dwg
Pitkin County Area D Parcel
ACCESS EASEMENT
OESCRIPTION
(See Sheet 2 for Map)
olsson
1525 Raleigh Street
Suite 400
Denver. CO 80204
TEL 303237 2072
PATH: P 12020,1001.,50PD20. 13/24 O.. ,5„r°°yt5RVY\SI,e°I°1V ESM 020_ 1372Acc°P.nCo(REV11.b"q
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WES! 1/4 CORNER,
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soorm :AVE. C--2 COMMON APEA_..
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POINT OF BEGINNING
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SHEET 2 OF 2
DATE: 9/28/2020
DRAWN BY: WML
CHECKED BY: NSS
DRAWING: V_ESM_020_1372_AccePtknCo.dwg
Pitkin County Area D Parcel
ACCESS EASEMENT - MAP
(See Sheet 1 for Description)
olsson
1525 Raleigh Street
Suite 400
Denver, CO 80204
TEL 303 237.2072
PATH f720201031.t500,4120.1372440-0e4gn43orveykSRMShootsW_ESM_010_1372 AeoPtitnColtEVI ).dwg
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Exhibit 2
HOLY CROSS ENERGY
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW Alt MEN BY THESE PRESENTS, that the undersigned.
P)TKIN COUNTY, Colorado
(hereinafter called 'Grantor), for a good and valuable consideration, the receipt whereof Is hereby acknowledged, does
hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Box 21SO, 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 Pltkln, State of Colorado, described as follows:
A parcel of land situate in Sections 21 & 22, Township 9 South, Range 85 West of the 6• P.M., as more
fully described as AREA D at Reception Number S 18479 In the records of the Pitkin County Clerk and
Recorder's Office, Aspen, Colorado.
And, to construct, reconstruct, repair, change, enlarge, re -phase, operate, and maintain an underground electric
transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in
connection therewith, together with associated equipment required above ground, within the above mentioned lands, upon
an easement described as follows:
An easement ten (10) feet in width, the centerline for said easement being an underground power line as constructed, the
approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part
hereof by reference.
The rights herein granted specifically allow Grantee to Install additional underground and/or pad -mounted facilities within
the easement described herein.
It shall be the Grantor's responsibility to ensure that splice vaults, swirchgear 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 (10) feet of said splice, switchgear and
transformer vaults, nor 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 at said 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 so as not to hinder complete opening of the equipment doors. The ground surface within ten
(10) feet of said transformer and switchgear doors shall be 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 transformers and switchgear. Grantor hereby agrees 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 Grantor.
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 herelnabove granted. In areas where vegetation Is disturbed by the above described
use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that
landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized
and that Grantee will not be responsible for damage to said additional landscaping or surface improvements caused by
exercise of its rights granted by this easement.
Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee,
and shall be removable at the option of Grantee.
Grantor covenants that they are 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: All those of Record.
W/0l19-23309:7S-22,27&53: Bullwinkle Solar 3/27/19 isrtms of Page 1 of 2 Revised 4.5.11
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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 day of
20 . 3u1-02-2020
The individual signing this Holy Cross Energy Underground Right -of -Way Easement hereby represents that he/she has full
power and authority to sign, execute, and deliver this instrument.
STATE OF edtOgt (,t o
) ss.
COUNTY OF U"Ifg/K., )
PITKIN COUNTY, Colorado
sir F. cLd.t
By
Chairman, Pitkin County Board of County Commissioners
The foregoing instrugsept was acknowledged before me this.0114.1
20_� by -r, F LA tld as Chairman, P
County, Colorado.
WITNESS my hand and official seal.
My commission expires:
day of t�v1L{
in County Board offdiunty Commissioners, Pitkin
Notary Pudic% G
Address 63v �� 1)/ 44t.
W/0#19-23309:713-22,27&53: Bullwinkle Solar 3/27/19 194213091(H Page 2 of 2 Revised 4-5-11
x
0
1
m
00 '/1;uno3 ul)l}!d `II!Pne3 son • 1 ao!uer `bl.;o Pl. ad 'VW 60:£0:£0 le OZOZ/0£/01• `0900L9 :#NOI1d3332i
Rerecorded to Replace and Correct Exhibits Attached to Prior Recording at Rec. # 667176.
This Document is Intended to and Does Hereby Replace the Prior Recording In Its Entirety
ACCESS EASEMENT 'AGREEMENT
THIS ACCESS EASEMENT AGREEMENT ("Agreement") is made and entered into this
day of 2000;;: (the "Effective Date") by and between the BOARD OF
COUNTY COMMI _, ONERS OF PITKIN COUNTY, COLORADO ("Grantor" or "County"), a
body corporate and politic whose address is 530 E. Main St.,, Suite 302, Aspen Colorado 81611
and the ASPEN_ CONSOLIDATED. SANITATION DISTRICT (the "Grantee" or "ACSD") whose
address is 565 N. Mi11 St, Aspen, Colorado 81611.Grantor and Grantee are sometimes referred
to collectively herein as the "Parties."
RECITALS
WHEREAS, Grantor is the owner of certain real property located in Pitkin County,
Colorado known as W/J: Filing 5, Area D (the "County: Property"), which County Property is fully
described and depicted' in the Warranty Deed recorded in the real property records in the Pitkin
County Clerk and Recorder's Office at. Reception No. 518479; and
WHEREAS, Grantee is the owner of certain real property located in Pitkin County,
Colorado generally known as the ACSD :bio-solids disposal_ site (the "ACSD Property"); which
ACSD Property has a legal description as set forth in Exhibit A attached hereto; and
WHEREAS, Grantor manages the County Property, through the Pitkin County Open Space
and Trails Department, as a portion of the Wilton Jaffee Sr. Park; and
WHEREAS, Grantee has submitted an application with the Pitkin County Community
Development Department to utilize the ACSD Property for the installation and maintenance of a
5 megawatt solar power. facility (the "Solar Project"); and
WHEREAS, Grantee finds that it is desirable and necessary to acquire an easement over
and across . the County Property to access the. ACSD for the purpose, among other . things, of
:constructing, maintaining, and servicing the Solar Project; and
WHEREAS, Holy Cross Electrical Association, Inc. is a Colorado Cooperative
Association ("HCE"), which provides electric service to customers in Pitkin County, Colorado,
including to Grantor; and
WHEREAS, HCE intends to purchase electricity generated on the ACSD Property for sale
to its members; and
WHEREAS, by separate agreement, HCE intends to utilize portions of the County Property
for the transmission of electricity generated on the ACSD Property; and
.WHEREAS; HCE provides its customers with the opportunity to purchase electricity as
part of its PuRE program. The PURE :program _allows customers to elect to pay a premium to use
electricity generated from renewable sources. Pitkin County participates in the PuRE program and
is generally desirous of obtaining electricity, for its use sourced from renewable resources, such as
wind :and solar .generatingfacilities; and
NIMMUNMMINIM
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R: $0.00, D: $0.00
DOC CODE: EASEMENT
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Janice K. Vos Caudill, Pitkin County, CO
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Exhibit 1
WHEREAS, ACSD and HCE have offered to allocate an additional582,000 kilowatt hours
of Pitkin County's current electric usage purchased from HCE as part of the PuRE program, with
no premium charge to Pitkin County, until December 31, 2030; and
WHEREAS, ACSD desires to grant, and Pitkin County desires to accept, a conservation
easement on the ACSD Property generally on that portion of the ACSD Property that is on the
steep slopes of the Roaring Fork Gorge; and
WHEREAS, by the execution of this Agreement, Grantordesires to convey to Grantee for
a term that begins on the date of this Agreement set forth above and that expires on the date of the
expiration of the term of the Special Review Use approval granted to the Project, and Grantee
desires to accept, a non-exclusive access easement over and across the County Property for the
purposes and on the terms and conditions herein provided.
AGREEMENT
NOW, THEREFORE, as consideration for the allocation of 582,000 kilowatt hours of
electrical usage being allocated to the HCE PuRE program at no premium charge to Pitkin County
as well as for the grant of the conservation easement on the ACSD Property as generally described
above, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, and in further consideration of terms, conditions, covenants and mutual promises
contained herein, the parties hereto agree as follows:
1. Grant of Access Easement. Grantor does hereby grant and convey to Grantee, and
its successors and assigns, and Grantee hereby accepts, a non-exclusive access easement (the
"Access Easement") over, upon,. and across, Grantor's Property, as limited below. The Access
Easement shall provide access over, upon, and: across Grantor's Property in the location of the
existing roadway that traverses Grantor's Property generally along the eastern boundary of said
property and provides access to the ACSD Property from the roadway generally known as Stevens
Street.
2. Purpose and Term of Access Easement for Construction of Solar Project. The
purpose of the Access Easement is for the ingress and egress of ACSD, its invitees, and guests to
construct and maintain the Solar Project described above, and other similar uses typical of an
access easement and otherwise consistent with this Agreement. The term of this Agreement and
the grant of the above -described Access Easement shall commence on the date first set forth above
and shall expire automatically on the date of the expiration of the term of the Special Review Use
approval granted to the Project, unless further extended through modification by the Parties as set
forth in Paragraph 13 below
3. Grant of Perpetual Access. Easement Based on Historic Use. The parties agree and
acknowledge that ACSD has historically utilized the roadway described herein for access to the
ACSD Property for use as a bio-solids disposal site and management of the ACSD Property
incidental to that use. Grantor hereby grants to ACSD a perpetual access easement based on that
historic use (bio-solids disposal and uses incidental thereto), which does not include any other
right, except as set forth in paragraph 2 above for construction of the Solar Project, such as the
installation of utilities or expansion beyond access for bio-solids disposal, for continuing access to
the ACSD Property. The grant of easement described herein in no way shall be interpreted to
2
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expand this historic use to serve other uses not specifically described herein.
4. Use of Access Easement by Grantor. Grantor shall retain the right to use and enjoy
the Access Easement, including the right.to construct utilities, so long as such use andenjoyment
do not interfere with the Grantee's rights hereunder.
5. Maintenance of the Roadway and Other Improvements. The roadway within the
Access Easement shall not be improved or enlarged for any purpose without written consent of the
Grantor, which consent Grantor may provide at. its sole discretion. Grantee may perform such
routine road maintenance, such as grading, from time to time at its sole expense provided that
Grantor provides notice to Grantor in the manner set forth below at least thirty (30) days prior to
commencement of such work. Grantee'may plow snow from the roadway and perform other winter
maintenance of the Access Easement without consent of Grantor.
6. Repairs Caused by Negligence. In the event that any damage to Grantor's Property
or the Access Easement, or improvements, landscaping, or utilities located thereon are caused by
the negligence of the Grantee or the Grantee's contractors, agents, licensees, employees, or guests,
then such repair shall be undertaken by Grantee at its sole cost and expense within a. reasonable
time after the negligence which caused the need for the repair.
7. No .Interference or Obstruction. No Party shall obstruct,impede or interfere in the
reasonable use of the Access Easement Area for the purposes described herein.
8. Notice. Any notice required or permitted under this: Agreement shall be in writing
and shall be hand -delivered or sent by registered or certified regular mail, postage pre -paid to the
addresses of the parties as follows. Each party by notice sent under this paragraph may change the
address to which future notices should be sent. Electronic delivery of notices shall also be deemed
sufficient and considered delivered upon receipt of confirmation of delivery on the part of the
sender.
To Grantor Pitkin County:
County Manager
530 East Main St., Suite 302
Aspen, Colorado 81611
EmaiLlon.peacock@p_i tkincounty.com
To Grantee ACSD
Aspen Consolidated Sanitation District
565 N. Mill Street
Aspen, CO 81611
Attention: Bruce Matherly, District Manager
With copies to:
Pitkin County Attorney's Office
530 East Main St., Suite 301
Aspen, Colorado 81611
Email: attorney ci itkincounts:com
9. Indemnification and Release. Grantee assumes any risk involved in the use of the
Access and Utilities Easement,and releases and discharges Pitkin County and its successors and
assigns from any liability for loss, damage or injury incurred by Grantee or third parties as a result
of or in connection with Grantee's and her guests' and invitees' use, entry or presence upon. the
Access and Utilities Easement, or Grantee's and her guests' and invitees' activities thereon
pursuant to the. Access and Utilities Easement. To the extent permitted by law,.. Grantee shall
3
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indemnify, defend and hold harmless Pitkin County, and its successors and assigns from and
against any arid all claims, actions, causes of action, liability, losses, damages, costs or expenses,
including reasonable attorney's fees,and including, without limitation,.: any and :all: mechanics'
and/or materialmen's liens and claims, which may be imposed upon or incurred by Pitkin County,
and which arise from or are related to Grantee's use of the Access and Utilities Easement, or the
operation, construction, maintenance, repair, modification, or any part thereof.
10. Attorney Fees. In the event legal remedies must be pursued to resolve any dispute
or conflict regarding the terms of this Agreement or the rights and obligations of the parties hereto,
the substantially prevailing party shall be entitled to recover costs incurred in pursuing such
remedies, including expert witness fees and reasonable attorney fees.
11. No Waiver of Governmental Immunity. Grantee and Grantor, its directors,.
officials, officers, agents, and employees are relying upon anddo 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 Immunities Act, C.R.S.
§§ 24-10-101, et seq., as it maybe amended from time to time.
12. No Assignment Without Written Consent. Grantee shall not, withoutfirstobtaining
the prior written consent of Grantor, sell, assign, .transfer, encumber,hypothecate, or sublease any
or all of the rights, interests, or obligations under this Agreement.
13. Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties relating to the subject matter hereof. All preceding
representations or agreements relating to the subject matter hereof, whether written .or oral, are
hereby merged into this Agreement.
14. Modification. No provision or term of this Agreement may be amended, modified,
revoked, supplemented, waived, or otherwise changed except by a written instrument duly
executed by the parties hereto or the parties' successors and/or assigns.
15. Severability. If any term or provision of this Agreement shall be held to be invalid
or unenforceable by a Court with competent jurisdiction or by operation of statute, 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.
16. Waiver. Any waiver by either party hereto of any breach of any kindor character
whatsoever by the other party, whether such shall be direct or implied, shall not be construed as a
continuing waiver of or consent to any subsequent breach of this Agreement on the part of the
other party.
17. Default. Either party shall have the right to enforce the obligations of performance
of the other party as contained herein through litigation seeking an award of damages or injunctive
relief.
18. Counterparts: This Agreement may be executed in counterparts and, as executed,
shall constitute one agreement,_ binding on all of the parties hereto notwithstanding that all said
parties are not signatory to the original or same counterpart.
4
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19. Governing Law arid Venue. This 'Agreement shall be governed and construed in
accordance with the laws of. the State. of Colorado. Venue for all actions arising under this
:Agreement shall be Pitkin County, Colorado.
20. Recordation. Upon execution by the parties, this Agreement shall be recorded in
the real estate records of Pitkin County, Colorado.
21. AuthoritytoSign.. The patties acknowledge and represent to each other that all
proceduresnecessary to validly contractand execute this Agreement have been performed and that
the persons signing: for each party have been duly authorized to do so.
[Signature Page(s) Follow]
4830-3349-7004.6
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IN WITNESS WHEREOF, the parties hereto have hereunto. set "their hands and seals as
of the day and year first above written.
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY
By: Li 4 -)4 . h .
A,c / G ,cNc s. ev,C7, dice Chair 7 J'v t.-y aoao
APPRO D TO FORM:
By:: A®�s: -��r
Rich Neiley III, Assistant County Attorney
STATE OF COLORADO
) ss.
COUNTY OF PITKIN
The foregoing was acknowledged (sworn) before me this ` t'•day.of
20by. Kelly McNicholas Kury.as: Vice Chair of the Board of County Commissions "s of
Pitkin County.
Witness my hand and official seal
My commission expires:.. ,
4830-3349-7004.6
RICHARD YOUNG NEILEY III
Notary Public
State of Colorado
Notary ID 0 20174028881
My Commission Expires"08=23.2021
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the day and year first above written.
ASPEN CONSOLIDATED SANITATION DISTRICT
STATE OF COLORADO
)ss.
COUNTY OF:PITKIN
Subscribed. and sworn to before me this L±. day of .. 1 L .: _ by
C., lc E '6Z. as C tk4k. r t,n:e:. of the Aspen Consolidated Sanitation
District.
Witness my hand and official seal.
My commission expires: , 1.3-- - 3 ( -
RICHARD MATHERLY
NOTARY PUBLIC
STATE OF COLORADO
.NOTARY 1D 19914017548
MY COMMISSION EXPIRES DECEMBER 31. 2023
4830-3349-7004.6
Notary Public
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'ACCESS EASEMENT DESCRIPTION
A Variable Width Easement for the purpose of Access, described by general Centerline of historical use, lying and
situated in the Southwest Quarter of Section 22; Township 9 South, Range 85 West of the Sixth Principal
Meridian, Pitkin County, Colorado, said Access Easement lying within that Parcel of land designated "Area D
Parcel" granted to Board of County Commissioners of Pitkin County, Colorado and described in a Warranty Deed
recorded December 15, 2005 as Reception Number 518479 (said Area D Parcel also shown and dimensioned on
an Exhibit Map appearing on page 5 of the plat THE FINAL PLAT FILING 5, W/J RANCH, A PLANNED
COMMUNITY recorded December 5, 2005 in Plat Book 76 at Page 79 - 84), said Centerline and Access
Easement more particularly described as follows:
Commencing at the Southwest corner of said Section 22 monumented by a found 2-1/2 inch aluminum cap
marked "D.B. & CO. PLS 24275 2002", from whence the West 1/4 corner of said Section 22 monumented by a
3-1/4 inch aluminum cap marked "BANNER INC. 20632", bears North 00° 04' 15" East (grid bearing) as
determined by Global Positioning System observations referenced to the Colorado State Plane Coordinate
System, Central Zone, NAD83, a ground distance of 2665.33 feet, and all bearings herein are relative thereto;
Thence North 00° 04' 15" East 433.96 feet on the West line of said Southwest Quarter to the South line of said
Area D Parcel ; Thence South 88° 52' 47" East 285.43 feet on said South line to a point on the South line 15.00
feet West of the Southeast Corner of said Area D Parcel and the POINT OF BEGINNING of said Centerline and
Access Easement herein described; Thence northerly the following 7 courses and distances:
1) North 01° 07' 16" East a distance of 87.04 feet to the beginning of a tangent curve concave westerly; 2)
Thence northerly on said curve an arc length of 96.21 feet, said curve having a radius of 500.00 feet, a chord
bearing of North 04° 23' 28" West, a chord distance of 96.06 feet and an interior angle of 11° 01' 28", to a point of
tangency; 3) Thence North 09° 54' 12" West a distance of 712.04 feet the beginning of a non -tangent curve
concave westerly; 4) Thence northerly on said curve an arc length of 112.08 feet, said curve having a radius of
1124.15 feet, a chord bearing of North 13° 55' 30" West, a chord distance of 112,04 feet and an interior angle of
05° 42' 46"; 5) Thence North 17° 56' 47" West a distance of 80.42 feet to the beginning of a tangent curve
concave easterly; 6) Thence northerly an arc length of 206.67 feet, said curve having a radius of 664.45 feet, a
chord bearing of North 09° 02' 09" West, a chord distance of 205.84 feet and an interior angle of 17° 49' 16", to a
point of tangency; 7) Thence North 00° 07' 31" West 205.84 feet to a POINT OF TERMINUS lying on the
southwesterly line of C-2 Common Area, SECOND AMENDMENT TO THE FULLY DEVELOPED LANDS
SUBDIVISION EXEMPTION PLAT OF FILING I, W\J RANCH HOMES, A PLANNED COMMUNITY, a subdivision
of land in said County and State, said southwesterly line also being the southwesterly line of that certain 30 feet
wide Ingress/Egress Easement granted to Aspen Consolidated Sanitation District in an Easement Agreement
recorded September 28, 2001 as Reception Number 459185 and described on Exhibit B of said Easement
Agreement.
SHEET 1 OF 2
DATE: 9/28/2020
DRAWN BY: WML
CHECKED BY: NSS
Pitkin County Area D Parcel
ACCESS EASEMENT
DESCRIPTION
(See Sheet 2 for Map)
olsson
1525 Raleigh Street
Suite 400
Deriver, CO 80204
TEL 303.237.2072
DRAWING: V_ESM_020_1372 AccsPtknCo.dwg
PATH: F:\2020\1001-15001020.1372140-Design\Survey\SRVY\Sheets \V_ESM 020_1372 AccsPtknCo(REV1).dwg
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. 2ic\ \
\ <-.9 .
\ \ ,� WEST 1/4 CORNER,
\ \ !y \ SECTION 22 T9S-R85W
\ '), FOUND 3-1/4" ALUMINUM
\ .1:,0 \ CAP (BANNER INC. 20632)
9o"
\
EXISTING
INGRESS/EGRESS ESM T.,
REC. 459185 (EXHIBIT B)
NORTH LINE, "AREA D PARCEL" AND
SOUTH LINE, C-2 COMMON AREA
`----"AREA
PARCEL
OWNER:
PITI<IN COUNTY
REC. 518479
0' 100' 200'
SCALE: 1 "-200'
i
SECOND AMENDMENT
/TO THE FULLY DEVELOPED LANDS
/ SUBDIVISION EXEMPTION PLAT OF
FILING I, W I J RANCH HOMES,
--.� A PLANNED COMMUNITY
POINT OF TERMINUS
NORTHEAST CORNER, "AREA D PARCEL"
N00'07'31"W
\ 204.45'
Oc
� o
R=664.45'
A=01.7-49'16"
L-206.67'
CB=N09'02'09"W
CH=205.84'
N 17'56' 47"W
80.42'
R=1124.15'
A=005'42'46"
L=112.08'
CB=N13'55'30"W
CH=112.04'
1 �
N
z
rn
A
D
0
m
co
LID
II
N01'07'16"E
I 87.04'
—S88'52'47"E .285.43-
R=500.00' \
A=011'01'28"
L=96.21'
CB=N04'23'28"W
CH=96.06'
POINT OF BEGINNING
SE. COR., "AREA D PARCEL" REC. 518479
(ALSO SHOWN ON "EXHIBIT MAP" ON SHEET
5 OF "FILING 5, WA) RANCH" BK. 76, PG. 79)
POINT OF COMMENCING
SOUTHWEST CORNER, SECTION 22
(CORNER COMMON TO SECTIONS
21, 22, 27 AND 28-T9S-R85W)
FOUND 2-1/2" ALUMINUM CAP
(D.B. & CO. PLS 24275 2002)
SHEET 2 OF 2
DATE: 9/28/202b
DRAWN BY: WML
CHECKED BY: NSS
Pitkin County Area D Parcel
ACCESS EASEMENT - MAP
(See Sheet 1 for Description)
olsson
1525 Raleigh Street
Suite 400
Denver, CO 80204
TEL 303.237.2072
DRAWING: V_ESM_020_1372 AccsPtknCo.dwg
PATH: F:1202011001-15001020-1372140-Design\SurveyISRVY1SheetstV ESM_020_1372 AasPtknCo (REV1).dwg
Exhibit 2
HOLY CROSS ENERGY
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
PITKIN COUNTY, Colorado
(hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. 0. Box 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 situate in Sections 21 & 22, Township 9 South, Range 85 West of the 6' P.M., as more
fully described as AREA D at Reception Number 518479 in the records of the Pitkin County Clerk and
Recorder's Office, Aspen, Colorado.
And, to construct, reconstruct, repair, change, enlarge, re -phase, operate, and maintain an underground electric
transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in
connection therewith, together with associated equipment required above ground, within the above mentioned lands, upon
an easement described as follows:
An easement ten (10) feet in width, the centerline for said easement being an underground power line as constructed, the
approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part
hereof by reference.
The rights herein granted specifically allow Grantee to install additional underground and/or pad -mounted facilities within
the easement described herein.
It shall be the Grantor's 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 (10) feet of said splice, switchgear and
transformer vaults, nor along the power tine 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 at said 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 so as not to hinder complete opening of the equipment doors. The ground surface within ten
(10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other
obstructions. Improvements, landscaping and other objects wil! be kept a minimum of four (4) feet from non -opening
sides and backs of said transformers and switchgear. Grantor hereby agrees 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 Grantor.
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. to areas where vegetation is disturbed by the above described
use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that
landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized
and that Grantee will not be responsible for damage to said additional landscaping or surface improvements caused by
exercise of its rights granted by this easement.
Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee,
and shall be removable at the option of Grantee.
Grantor covenants that they are 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: All those of Record.
W/0#19-23309:78-22,27&53: Buliwinkle Solar 3/27/19 19.23309KH Page 1 of 2 Revised 4.5-11
I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIIII IIIII IIIII IIII IIIII IIII
RECEPTION# 670067, R: $0.00, D: $0 00
DOC CODE: EASEMENT
Pg 1 of 3, 10/30/2020 at 04:08:46 PM
Janice K. Vos Caudill, Pitkin County, CO
RECEPTION#: 670067, 10/30/2020 at 04:08:46 PM, Pgs 2 of 3, Janice K. Vos Caudill, Pitkin County, CO
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 day of
20 . Jul-02-2020
The individual signing this Holy Cross Energy Underground Right -of -Way Easement hereby represents that he/she has full
power and authority to sign, execute, and deliver this instrument.
71
F ,f
STATE OF C%1 G!i:(d O 1
ss.
COUNTY OF ) f/.(
PITKIN COUNTY, Colorado
S:iweA F. Clutt
By:
Chairman, Pitkin County Board of County Commissioners
The foregoing instrumerit was acknowledged before me this 47t'4 day of
;�
20 by L�- t F- �i c� as Chairman, Pir�in County Board of unty Commissioners, Pitkin
County, Colorado.
WITNESS my hand and official seal.
My commission expires:
J�����s
STATE OF BOO
NOTARY ID 10904.856
COMMON arm tarea?ifi 2 , 241
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J
Notary Pu r• is
ii
Address: r,,T6�G<
W/O#19-23309:78-22,27&53: Bullwinkle Solar 3/27/19 19-23309KH Page 2 of 2
Revised 4-5-1 1
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