HomeMy WebLinkAboutbocc.ord.028.2020RECEPTION#: 673394, R: $0.00, D: $0.00, 0210912021 at 11:39:19 AM, Pgs 1 of 7, Janice K. Vos Caudill, Pitkin County, CO
Contract No. 259.2020 - BOCC
(Attached)
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, GRANTING AN UNDERGROUND RIGHT OF WAY
EASEMENT TO HOLY CROSS ENERGYAND APPROVING THE VAULT
AGREEMENT FOR THE PURPOSE OF PROVIDING POWER TO THE OPERATIONS
AND MAINTENANCE FACILITY
ORDINANCE NO. 028-2020
RECITALS:
1. Pursuant to 30-35-301 C.R.S., the Board of County Commissioners of Pitkin County,
Colorado ("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.
2. Pursuant to Section 2.8.1 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 Statutes as amended.
3. Pitkin County is the owner of real property situated in Section 08, Township 09 South,
Range 85 West of the 6th 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 expend additional underground electric service within the Solid
Waste Center for the purpose of providing power to the Operations and Maintenance
Facility.
5. The BOCC finds that adoption of this Ordinance is in the best interest of the citizens of
Pitkin County and therefore will become effective immediately upon adoption.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts an Ordinance granting an underground right of way
easement to Holy Cross Energy and approving the vault agreement for the purpose of providing
power to the operations and maintenance facility of the Pitkin County Code as attached hereto as
Exhibits 1 and 2 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.
INTRODUCED AND FIRST READ ON THE 27th DAY OF MAY, 2020 AND SET FOR
SECOND READING AND PUBLIC HEARING ON THE loth DAY OF JUNE 2020.
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NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 28th DAY OF
MAY, 2020.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 28th
DAY OF MAY, 2020.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE loth DAY OF
JUNE 2020.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 18th DAY OF JUNE, 2020.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com ) ON THE 1 lth DAY OF JUNE, 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
B it- -fft
Y J6ln r,S
S-leven F. CIMV.
By:
Jeanette Jones Steven F. Child, Chair
Deputy County Clerk
Date:
Feb-09-2021
APPROVED AS TO FORM: MANAGER APPROVAL
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Ptuitis ft14 t.
John Ely, County Attorney Phylis Mattice for Jon Peacock, County
Manager
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Contract No. 259.2020 - BOCC
HOLY CROSS ENERGY
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
Board of County Commissioners of Pitkin County
(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 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:
parcel of land situate in Section 08, Township 09 South, Range 85 West of the 61h P.M., as more
fully described at Reception Number 346439 in the records of the Pitkin County Clerk and Recorder's
Office, Aspen, Colorado, hereinafter called "Property", which Property is the real property where the
Project is being developed
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 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 hereinabove granted. in areas where vegetation is disturbed by the above described use of the easement, the ground surface
shall be seeded using a standard native mix by Grantee. 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.
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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
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RECEPTION#: 666003, R: $18.00, D: $0.00
DOC CODE: EASEMENT
Pg 1 of 2, 07/1512020 at 02:32:32 PM
Janice K. Vos Caudill, Pitkin County, CO
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The individual signing this Holy Cross Energy Underground Right -of -Way Easement hereby represents that they have full power and
authority to sign, execute, and deliver this instrument.
STATE OF J
) ss.
COUNTY OF
The foregoing instrument was ack4
20do by Cc -
Board of County Commissioners of Pitkin County
•
By:
Title:
6u-k:
owledged before rrpthis day of
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Jc'
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County. ij /
WITNESS my hand and official seal.
My commission expires:
Wi'O#19-23434:78-52:Pitkin County Solid Waste 4115f19 ie- aaaaKe
of Boar•bflCounty Commissioners of Pitkin
UWY
Notary P lic
Add ss: 3 7 C(,{..
,:EANETTE JONES
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 1D IC9C 032S5€
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Refer to Holy Cross Energy for Trench,
Conduit, and Vault Agreement
TRENCH, CONDUIT, AND VAULT AGREEMENT
This agreement is made and entered into this day of , 20
between Board of County Commissioners of Pitkin County C/O Jonah Frank, whose mailing address is 76 Service Center Rd.,
Aspen, CO 8161 1 , hereinafter called "Owner", and Holy Cross Energy, a Colorado corporation whose mailing address is P. O.
Box 2150, Glenwood Springs, Colorado 81602, hereafter called "Holy Cross".
WHEREAS, Holy Cross has been requested by Owner to provide underground electric facilities, hereinafter called "Facilities",
to serve a project known as Pitkin County Solid Waste Phase II, hereinafter called "Project"; and,
WHEREAS, Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup
needed to construct said requested Facilities; and,
WHEREAS, Owner owns real property described as follows: A parcel of land situate in Section 08, Township 09 South,
Range 85 West of the 6" P.M., as more fully described at Reception Number 346439 in the records of the Pitkin County
Clerk and Recorder's Office, Aspen, Colorado, hereinafter called "Property", which Property is the real property where the
Project is being developed; and,
WHEREAS, installation of Facilities to serve the Project may require trenching or other excavation on certain real property
adjacent to the Project described as follows: N/A, hereinafter called "Adjacent Land".
NOW, THEREFORE, Owner and Holy Cross agree as follows:
1. Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for
installation of Facilities to serve the Project. Such excavation shall be located as shown on the construction plans
approved by Holy Cross, and performed in accordance with Holy Cross Vault Installation Specifications, Construction
Specifications and inspector requirements. Any deviation from the approved construction plans will not be made unless
approved by Holy Cross in advance. All Facilities installed hereunder shall be inspected during construction by Holy
Cross and shall meet all Holy Cross requirements prior to acceptance of such Facilities by Holy Cross.
a. Prior to commencement of any work hereunder, Holy Cross shall furnish to Owner its Vault Installation Specifications
and Construction Specifications and such specifications are made a part hereof by reference.
b. All Facilities installed within the Property and Adjacent Land shall be within dedicated or conveyed and recorded
utility easements.
c. The top of all conduits installed hereunder shall be located a minimum of 48" below the final grade of the ground
surface.
d. A twelve -inch (1 2") minimum separation will be maintained between conduits installed for the Facilities and all other
new or existing underground utilities. Wherever possible, this separation will be horizontal. The Facilities conduit
separation from plastic gas lines shall be greater than this minimum wherever practicable.
e. Holy Cross will supply the necessary conduit and vaults for installation by the Owner upon completion of contractual
arrangements. Owner assumes responsibility for all material lost or damaged after such material has been issued
to and signed for by Owner or by an agent of Owner. Alternatively, Owner may provide its own conduit and vaults
meeting Holy Cross specifications for use on the Project and convey such provided material to Holy Cross with an
acceptable Bill of Sale. After installation by the Owner and acceptance by Holy Cross, Holy Cross shall continue as
the owner of the conduit, vaults and related structures and facilities.
f. If conduit and/or vault installation provided by Owner for the Project are found to be unusable or improperly
constructed, irrespective of whether such discovery is made during or after installation, Owner will be responsible
for correcting said problems at its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all
additional costs resulting from conduit and/or vault installation being unusable or improperly constructed.
2. Despite the fact that Holy Cross reserves the right to specify acceptable work performed hereunder, Owner shall perform
work hereunder as an independent contractor, including, but not limited to, the hiring and firing of its own employees,
providing its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees
connected with its work on the Project.
3. Owner shall obtain all necessary digging permits and utility locations prior to excavation for work performed hereunder.
Owner shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken
within five (5) feet of existing underground electric facilities except under the on site supervision of a Holy Cross
employee.
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4. Owner shall indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss, liability,
claims, expense, suits, causes of action, or judgments for damages to property or injury or death to persons that may
arise out of work performed hereunder, or because of a breach of any of the promises, covenants and agreements herein
made by the Owner. Owner shall promptly defend Holy Cross whenever legal proceedings of any kind are brought
against it arising out of work performed hereunder by the Owner and/or work performed at the direction of the Owner.
In the event Owner shall fail to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse it, for
all costs, expenses and attorney fees incurred in defending any such legal proceeding. Owner agrees to satisfy, pay,
and discharge any and all judgments and fines rendered against Holy Cross arising out of any such proceedings. Owner
also agrees to promptly satisfy and pay any monetary settlements of disputes that arise hereunder, provided Owner has
been given the opportunity to join in such settlement agreements. The above indemnification clause shall not apply to
state and local governments or local service districts. In lieu thereof, whenever Owner is a government or district it shall
procure and maintain in effect at least $1 ,000,000 of public liability insurance covering the acts, damages and expenses
described in the above indemnification clause. Upon Holy Cross' request, such an Owner shall furnish a Certificate of
Insurance verifying the existence of such insurance coverage.
5. Owner shall repair, at its expense, any excavation settlement and damage to asphalt paving or other surface
improvements caused by such settlement resulting from work performed hereunder within the Property and Adjacent
Land for a period of two (2) years beginning on the date backfill and cleanup are completed.
6. Owner, at its expense, shall stop the growth of thistles and/or other noxious weeds in all areas disturbed by excavation
performed hereunder for a period of two (2) years beginning on the date backfill and cleanup are completed.
7. In the event Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by Owner,
Holy Cross may give written notice by registered or certified mail demanding Owner to complete the work and obligations
undertaken by Owner herein, and if such is not completed within 30 days after receipt of such notice by Owner, Holy
Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of
completion shall be chargeable to and collectible from Owner.
8. As set forth in paragraph 1 above, Owner covenants that the trench, and all Facilities within the trench installed hereunder
shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below finished
grade. It shall be the obligation of Owner to properly locate and construct the Facilities within the easement. Should it
ever be discovered that such Facilities have not been properly located within dedicated or conveyed and recorded utility
easements, or at the proper depth, it shall be the obligation of Owner to provide new easements for the actual location
of the Facilities, or to relocate the Facilities within the easement, all of which shall be at the sole cost and expense of
Owner.
9. It shall be Owner's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed
hereunder on the Property are accessible by Holy Cross boom trucks and other necessary equipment and personnel at
all times. The use of such access by Holy Cross 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. Owner hereby agrees to maintain the requirements of
this paragraph and further agrees to correct any violations that may occur as soon as notified by Holy Cross. Said
corrections will be made at the sole cost and expense of Owner.
10. AM Holy Cross meter locations must be approved in advance. Notwithstanding such advance approval, it shall be the
Owner's responsibility to maintain acceptable access, as determined solely by Holy Cross, to all Holy Cross meters at all
times. At any time in the future, should access to any Holy Cross meters be determined by Holy Cross to be unacceptable,
then it shall be the Owner's responsibility, at the Owner's sole cost, to correct the access and make it acceptable, as
determined solely by Holy Cross.
11. Owner covenants that it is the owner of the above described Property and that said Property is free and clear of
encumbrances and hens of any character, except those held by the following: AM those of Record.
The promises, agreements and representations made by Owner herein shall be covenants that run with the Property and
shall be binding upon the successors in interest, and assigns, of the Property.
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The individual signing this Trench, Conduit and Vault Agreement hereby represents that they have full power and
authority to sign, execute, and deliver this instrument.
Holy Cross Energy, a Colorado corporation Board of County Commissioners of Pitkin County
By: By:
David Bleakley - Vice President, Engineering
STATE OF
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
Title:
day of 20_
by as of Board of County Commissioners of Pitkin County.
WITNESS my hand and official seal.
My commission expires:
STATE OF
ss.
COUNTY OF
Notary Public
Address:
The foregoing instrument was acknowledged before me this day of , 20,
by David Bleakley - Vice President, Engineering, Holy Cross Energy, a Colorado corporation.
WITNESS my hand and official seal.
My commission expires:
Address:
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Trench, Conduit and Vault Agreement
Holy Cross Energy
Notary Public
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