HomeMy WebLinkAboutbocc.ord.029.2004 EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO GRANTING AN UNDERGROUND RIGHT OF WAY
EASEMENT TO HOLY CROSS ENERGY, AND APPROVING
A REROUTING OF THE EXISTING UNDERGROUND FACILITIES
FOR THE PURPOSE OF CONSTRUCTING A NEW PER/METER ROAD
AROUND THE SOUTH END OF THE RUNWAY
FOR ASPEN/PITKIN COUNTY AIRPORT (FAA PROJECT ALP-27)
Ordinance No.0a~ ~ Series 2004
Recitals
1. Pitkin County is the owner of real property (the "Pruperty") situated in the NE ¼ and in
the NE1/4 of the SE1/4 of Section 3, Township 10 South, Range 85 West of the 6th P.M., more
fully described in that General Warranty Deed recorded in Book 363, at Pages 345 through
348, in the records of Pitkin County Clerk and Recorder's Office, Aspen, Colorado. The
Property comprises a portion of the Aspen-Pitkin County Airport.
2. Construction of Phase II of the Airport's East Side Infrastructure Development (ESID)
project, and possible future projects approved in the Airport's Master Plan, make it advisable to
relocate existing Holy Cross Electric underground utilities outside of the current and potential
construction areas.
3. Holy Cross's existing easement across the Property was granted by the County's
predecessors-in-interest in the Property, and is recorded at Book 661 at Page 111 of the Pitkin
County Clerk and Recorder's records. Holy Cross has agreed to abandon its existing easement
in exchange for the County's agreement to grant new easements in a location unaffected by
Airport improvements.
4. The new easement alignments are shown on Exhibit A to the Holy Cross Energy
Underground Right-of-Way Easements (the "New Easements"), which have been reviewed and
approved as to form by the County Attorney's office.
5. County staff and Holy Cross engaged in extensive negotiations over the language of the
New Easements. Holy Cross initially insisted that the County affirmatively maintain certain
surface conditions in the area of the new easements, but relented after it was pointed out that it
lacked such rights under its existing easement. Due to the length of negotiations over the New
Easement language, it is necessary to provide emergency approval of this ordinance so that
construction at the airport can proceed on schedule.
6. The responsibilities of Pitkin County as Grantor and rights of Holy Cross Energy as
Grantee are described in the New Easements, and in corresponding Trench, Conduit & Vault
Agreements also approved as to form by the County Attorney's Office.
Page: I of 18
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$ILVIA DflVIS PITKIN COUNTY CO R 0.~18 O 8.~8
HOLY CROSS ENERGY
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
COUNTY OF PITKIN, STATE OF COLORADO
(hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Drawer 2150, Glenwood
Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across
lands of Grantor, situate in the County of Pitkin, State of Colorado, described as follows:
A tract of rand situate in the NE % and in the NE % of the SE ~ of Section 3, Township 10 South, Range 85 West
of the 6'~ P.M., more fully described in that particular General Warranty Deed recorded in Book 363, at Pages
345 through 348, in the records of 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:
Easement A, an area being 100 feet by ] 30 feet, (as depicted on Exhibit A) along with and including 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 by the attached exhibit.
A dimensional limitation shall apply to all "associated equipment required above ground" and "pad-mounted facilities" as
such references are contained hereinabove. Such equipment and facilities shall not exceed ten (10) feet in height
provided that Grantee, at any time, may request from Grantor, a variance from such height restriction. Grantor's approval
of such variance request shall not be unreasonably withheld. The construction or installation of only above ground
equipment and facilities will require FAA Form 7460 concurrence.
The use of this easement 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 adhere to the requirements of this paragraph.
Site Access: Except for emergency conditions or situations affecting general public safety, Grantee shall be prohibited
from using the Owl Creek Trail (bike trail) to obtain vehicular access to its electric facilities. Grantee agrees to remedy, at
its sole expense, any damage determined to be caused as a direct result of Grantee's use of Owl Creek Trail while
accessing its electric facilities.
Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the
right to temporarily 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 by Grantee using a mix approved by
Grantor. 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 it is the owner of the above described lands and that the said lands are free and clear of
encumbrances and liens of whatsoever character, except those held by the following:
TO HAVE AND TO HOLD, said right-of-way and easement together w th a and s ngular, the rights ar~cl, privileges
appertaining thereto, unto Grantee, its successors and assigns, forever.
IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this ~z~'day of ~L~,II 2004.
COUNTY OF PITKIN, STATE OF COL(~)RADC~
J-~ ] , ;put~CountyClerk
W/O#04-1846S:90-49:Sardy Field - South Perimeter Road 6-9 04
SlLVIR DAVIS PITKIN COUNTY CO R ~.~0
By: Boar~ of Countv, C~ommissioners
Revised 4-16-01
499983
STATE OF ~l~,~4~ad )
COUNTY OF ~)//'.K/~, )) ss.
The foregoing instrument was acknowledged before me this ~ day of ~-D~. ~V
f~Chairman of the Board of County Commissioners, COUNTY OF PITKIN, STATE OF COLORADO.
WITNESS my hand and official seal.
My comm~
2004, by Dcrthca Ea, r-r. Ls,
W/O#04-18465:90-49:Sardy Field - South Perimeter Road 6-9-04
M:\Word\Easements\WO~1846~\6 9 04 doc
Revised 4-16-01
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StLVT~ orris PZTKZN COUNTY CO R ~.gg O ~.g~l
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Page: 5 o¢ 18
07/21/20~4 04:04P
SILVII:i DAVIS PITKIN COUNTY CO R ~.~ D 0,0~
TRENCH, CONDUIT, AND VA/0LT ~GREEMENT
This agreement is made and entered into this ~E'C~, day of
COUNTYheren f OF PITKIN,,, STATE, OF COLORADO whose mailing address s I(,~0' E.'l~a. . n Street, 3~d Floor, Aspen, C~lorv~'ado 8~ 611,we'ween
a ter called Owner and Holy Cross Energy a ,C,o orado co,,rpor~'ion whose mailing address is P. O. Drawer 2150,
G enwood Springs, Co orado 8] 602, 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 Sardy Field S. Perimeter Road, 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 properW described as follows: A tract of land situate in the NE
of Section 3, Township 10 South, Range 85 West of the 6'~ P.M., more fully described in that particular General Warranty
Deed recorded in Book 363, at Pages 345 through 348, in the records of 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: Owl Creek Road Right-of-Way, 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 shaU 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 (l 2") minimum separation will be maintained between conduits installed for the Facilities and all
other new or existing underground utilities. Wherever possible, this separation wiU 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
qualified Holy Cross employee.
4. Owner shall indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and ali loss,
liability, claims, expense, suits, causes of action, or judgments for damages to property or injury or death to persons
that result from 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 for work performed hereunder. 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 and has the right to disapprove of any such settlement agreement. Owner shall not be
bound by any settlement agreement for which it has not provided prior approval. 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 $] ,000,000 of public liability insurance covering
the acts, damages and expenses described in the above indemnification clause. Upon Holy Cross' request, such a
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, shaU 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 shaU be chargeable to and collectible from Owner.
W/O#04-18465:90-49:Sardy Field - South Perimeter Road 6-g-04
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SILV[R DRV[S PITKIN COUNTY CO R ~.0~ D 0.00
Page ! of 2
Revised 3 26-03
8. As set forth in paragraph I 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. The ability for Holy Cross to access its Facilities 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 adhere to the requirements of this paragraph. Site Access: Except for emergency conditions or situations
affecting general public safety, Grantee shall be prohibited from using the Owl Creek Trail (bike trail) to obtain
vehicular access to its electric facilities. Grantee agrees to remedy, at its sole expense, any damage determined to be
caused as a direct result of Grantee's use of Owl Creek Trail while accessing its electric facilities.
10. Owner covenants that it is the owner of the above described Property and that said Property is free and clear of
encumbrances and liens of any character, except those held by the following:
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.
Holy Cross Energy, a Colorado corporation
'Ricllard I~. Brinkley, \ \ '
Gel ,eral Manager- Regulat~ Serv ces
STATE OF L_O?..,,'~e,,4-~ ¢ )
COUNTY OF _/]"l/-.z~l ¢~- )
COUNTY OF PITKIN, STATE OF COLORADO
By: B~,,~u n~m~
Dorthea arri '
Chairman
County Clerk
The foregoing instrument was acknowledged before me this~O~-day'~ of ~L)L~' 2004, b E~e_r,~=..c~--,.~ '
Chairman, Board of Coun~ Commissioners, COUNTY OF PITKIN, STATE OF COLORADO
My commission
.12 1 005
STATE OF
lhe foregoing instrument was acknowledged before me this
by Richard D. Brinkley, General Manager - Regulated Services of Holy Cross~E~nergy, a Colorado.~orporation.
WITNESS my hated and official seal.
My commission expires:
W/O#04-18465:90-49:Sardy Field - South Perimeter Road 6-9-04
Trench, Conduit and Vault Agreement
Holy Cross Energy
Page 2 of 2 Revised 3-26-03
Page: 7 of' ~8
0712112004 ~4:~4P
SILVZR DRVIS PZTKIN COUNTY CO R ~.~ O
II.
CONSTRUCTION SPECIFICATIONS
TRENCH AND CONDUIT
The developer or contractor wilt contact Holy Cross Energy before conduit and vault installation
begins to schedule a pre construction meeting with tbe project Inspector.
Changes in power facility construction from that shown on the project plans will not be made
Without prior approval from the Inspector.
Holy Cross Energy material shall not be moved front the project to whicb it was assigned to
complete another project without prior approval from the inspector and tile completion of
necessaw paperworl(. Holy Cross Energy material will not be used to install other utilities
Alt roads will be built to subgrade and all drainages will be constructed to grade before any
vaults or conduits are installed.
11.
12.
13.
All trench wilI be excavated deep enough to ensure that the top of installed power facilities wilt
be 48" below final grade. Special care must be taken to insure that the top of conduits will be
48" below the bottom of drainage ditches and all other Iow areas.
?rench will be as straight as possible between vaults and shall have a smooth bottom free of
rocks. Tbetrench bottom will be graded so that the conduit is continuously in contact with the
tlench bottom in the entire span prior to covering. A minimum of 4" of soiIwill be placed over
any rocks left on the trench bottom prior to conduit installation. Any soil placed in the trench
to cover rock~ or smooth out low places will be compacted prior to conduit installation and the
t~encb bottom regraded.
Power facilities to be placed parallel to deeper utilities will have a borizontal separation from
the deeper utility greater than the deptb of such utility below final grade (see attached
drawing). When crossing adeeper utility is unavodable, the crossing will be made as close to
perpendicular as possible.
Power line conduits will be installed with a minimum separation of ] 2" from ali other new or
existing underground utility lines. Wherever possible, this separation will be horizontal The
power lioe separation from plastic gas lines will be greater than tbis minimum wherever
practicable Power line conduits will be located deeper in the trench than fhe facilities of all
other utilities unless the inspector grants a waiver prior to the start of construction.
Backfill and compaction will be performed as required by the governmental entity or other
party having jurisdiction.
Conduit bell e~dswill not be allowed in thevaults. Conduit shall be driven completely into the
bell end"when gluing joints. Holy Cross Energy will supply factory couplers, 90°, 45o, and
221/2~ elbows as needed for job. Non-factory bends and heated bends will not be allowed. No
more than two 90° elbows will be allowed in aconduit run of SO0 feet. The conduit shall run
s~raight between factory bends Allowed bends must be further than S' from a vault. Bends
cannot be cut to make a lesser bend. Bells will not be cutoff conduit sticks to use as couplers.
Holy Cross Energy elbows and pipe will be used only for the power facility installation.
Conduit shall be beddedwitb at least ]2"of rock-free soil or sand prior to backfill. Large rocks
sball not be pushed in directly on top of this 32" bedding Care must be taken to avoid
damage to conduits during backfill and compaction.
Holy Cross Energy must inspect arl conduit installation before the conduit is bedded and again
after its bedded, but prior to backfill.
Individual conduits shall enter each vault at a consistent location. There is lobe no crossing of
conduits in the trenche
14.
15.
16.
Both ends of a conduit run shall be securely plugged at the time of installation with Holy Cross
Energy supplied material Conduit ending outside avault shall be marked with a 4" x 4" post
or other approved method.
Red trench marking tape will be supplied by Holy Cross Energy and shall be installed 18" to 24"
above the conduit during backfill.
At completion of the job, the inspector will dc) a fir;al inspection. If the job does not meet with
Holy Cross Energy's specifications or the approvaI of inspector, service wilt not be provided
urltil specifications are met.
VAULTS
1. Vaults sball be installed as follows:
Splice vmJIts shall be installed with the top of the lid slightly above final grade of the
surrounding area.
Splice vaults located in roads or other sloped areas will be installed so that the concrete
base and lid are at the slope of the surrounding area Vaults placed in roads will not be
located in areas normally traversed by vehicle wheels. The inspector must approve alt
vaults installed at a slope.
Transformer vaults and switchgear vaults will be installed with the bottom of the lid at final
grade. The lidwill be level.
499983
Page: 8 of' [8
eT/21/2ee4 e4 :o4p
n e.ee
D. Where transformer and switchgear vaults are set into hillsides or sloped cuts, the downhill
side of the vault will be graded according to C above. The slope behind the vault will be
laid back sufficiently to prohibit soil or rocks from sloughing into the vault. If the slope
cannot be laid hack far enough, a retaining wall shall be constructed behind the vault at
tile direction of the inspector,
E. Vault lids will be placed on the vaults at the time of installation unless otherwise requested
by Holy Cross Energy.
F. Large vault pieces shall be jointed with a tar type sealant provided by Holy Cross Energy,
with the exception of tile vault lid, at tile direction of the inspector.
Holes knocked in vaults for conduit installation shall be as small as possible and shall be grouted
or foamed closed on the outside of the vault prior to backfill.
Conduit shall enter vaLdtS perpendicular to the vault wall, at least 2" from any adjacent walls and at
least 2" above the vault base. There shall be a minimum separation of 1" between conduits See
vault drawings.
Conduit will extend 4" into tile vautt (measured from the inside wall of the vault) after backfilling Is
complete.
Ground rods in vaults for underground cable installation shall be laid in tile trench with the
conduits. The end of the rod shall extend approximately 6" into the vault through the conduit
knockout. The rod will have a 4S* bend located approximately 3" from the vault end, with the
bend going awa,~ from the conduits. The bent end of the rod must be far enough from the vault
walt to allow crimping the grounding conductor onto tile rod, Tile rod must be at least 2" from the
conduit at its entrance into the vault. See vault drawings.
After the vault has been set, pipes extended in and grouted or foamed, and the ground rod is in
place, vaults shall be swept out removing all dirt or rocks. Creanup shall be completed to the
satisfaction of the inspector prior to cable installation being scheduled.
Vault openings shall be securely covered with weighted boards or like material to protect the
public and wildlife.
Pedestals for other utilities shall not be located closer than 10' to a vault on sides where
ttansformms or switci]gear will have access doors. Pedestals shall not be located closer than 5' to
a vault on sides wbere the pad-mounted equipment will not have access doors.
Revised 211]/02
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07/21/2004 04:04P
SILVIR DRVIS PITKIN COUNTY CO R 0.00 0 0.00
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HOLY CROSS ENERGY
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, A Colorado Home Rule 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. Drawer 21S0, 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 tract of land situate in the E 1~ of Section 3, Township 10 South, Range 85 West of the 6'h P.M.,
more fully described in that particular District Court, Pitkin County, Colorado, RULE AND ORDER
document as recorded by Reception No. 452307 on March 12, 2001, in the records of 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 B 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 by the attached exhibit.
A dimensional limitation shall apply to all "associated equipment required above ground" and "pad-mounted facilities" as
such references are contained hereinabove. Such equipment and facilities shall not exceed ten (10) feet in height
provided that Grantee, at any time, may request from Grantor, a variance from such height restriction. Grantor's approval
of such variance request shall not be unreasonably withheld. The construction or installation of only above ground
equipment and facilities will require FAA Form 7460 concurrence.
The use of this easement 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, 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 adhere to the requirements of this paragraph.
Site Access: Except for emergency conditions or situations affecting general public safety, Grantee shall be prohibited
from using the Owl Creek Trail (bike trail) to obtain vehicular access to its electric facilities. Grantee agrees to remedy, at
its sole expense, any damage determined to be caused as a direct result of Grantee's use of Owl Creek Trail while
accessing its electric facilities.
Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the
right to temporarily 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 by Grantee using a mix approved by
Grantor. 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 it is the owner of the above described lands and that the said lands are free and clear of
encumbrances and liens of whatsoever character, except those held by the following:
TO HAVE AND TO HOLD, said right-of-way and easement together with all and s ngu ar, the rights,a~ivileges
appertaining thereto, unto Grantee, its successors and assigns, forever. ~/~ ( /
IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on thisr~/ d ay ot~ ~l)~,f ,2004.
/!//f
BOARD OF COUNTY COMMISSIONE~/~S/OF PITKIN COUNTY,
A~rEST:
J e'J es, Deputy Co~/~ty Clerk
W/O#04-18465:90-49:Sardy Field - South Perimeter Road 6-9-04
A Colorado Home Rule County
Revised 4-16-0]
Page:
07/2t/2~4 04:~4P
SILVIIq DRV[S pTTKIN COUNTY CO R ~.~0 O
//
COUNTY OF 'r"~:~ )) ss.
The foregoing instrument was acknowledged before me this ~ ay of ~'~/--~/' ,2004, by~erth~a ~i$,
Chairman of the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, A Colorado Home Rule County.
WITNESS my hand and official seal.
My commission expires:
M/Camildm Ex~ 12/0112005
W/O#04-~ 8465:90-49:Sardy Field - South Perimeter Road 6-9-04
Revised 4-16-01
Page: 22
07/21/2004 04:04P
SILVIA DRVTs PITKIN COUNTY CO
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STLVI~ D~VI$ PITKIN COUNTY CO
TRENCH, CONDUIT, AND V,~ULT ~GREEMENT
This agreement is made and entered into this ~,~/ day of ~_ ~'~//.~4/ ,2004, between
THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORA/~O, A/Colorado Home Rule County, whose mailing
address is 530 E. Main Street, 3'd Floor, Aspen, Colorado 81611, her/~nafter called "Owner", and Holy Cross Energy, a
Colorado corporation whose mailing address is P. O. Drawer 2150, Gl'enwood 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 Sardy Field S. Perimeter Road, 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 tract of land situate in the E ~ of Section 3, Township 10
South, Range 85 West of the 6'h P.M., more fully described in that particular District Court, Pitkin County, Colorado, RULE
AND ORDER document as recorded by Reception No. 452307 on March 12, 2001, in the records of 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: Tracts of land situate in Section 3, Township 10 South, Range 85 West of the
6'~ P.M., as more informally known as Parcels "N" and "N-] A" and Owl Creek Road Right-of-Way, collectively 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 (12") 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.
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
qualified Holy Cross employee.
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 result from 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 for work performed hereunder. 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 and has the right to disapprove of any such settlement agreement. Owner shall not be
bound by any settlement agreement for which it has not provided prior approval. 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 a
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.
W/O#O4-18465:90-49:Sardy Field - South Perimeter Road 6-9-04
Page 1 of 2
Page: 14 o+'
~T/21/20~4 04:04P
SILV[R D~qV[S PITKIN COUNTY CO R ~.00 D 0.00
Revised 3-26-03
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 I 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. The ability for Holy Cross to access its Facilities shall not require removal or alteration of any improvements,
landscaping, or other obstructions. The ground surface grade shall not be a)tered 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 adhere to the requirements of this paragraph. Site Access: Except for emergency conditions or situations
affecting general public safety, Grantee shall be prohibited from using the Owl Creek Trail (bike trail) to obtain
vehicular access to its electric facilities. Grantee agrees to remedy, at its sole expense, any damage determined to be
caused as a direct result of Grantee's use of Owl Creek Trail while accessing its electric facilities.
10. Owner covenants that it is the owner of the above described Property and that said Property is free and clear of
encumbrances and liens of any character, except those held by the following:
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.
Holy Cross Energy, a Colorado corporation
trd D~rinkley, \ \' -
Ric eral Manager - Regulatec~Services
Get
THE BOARD OF COUNTY COMMISSIONSERS
OF PITKIN COUNTY, COLORADO
A Colora~q Home Rule~Eounty
t Dorthea Farri~,
Chairman
STATE OF
) ss.
COUNTY OF F/'T'~ / ~t- )
The foregoing instrument was ackm before me this ¢~.~C~day of ~" U/-)"
Jea~te Jones, Deputyfounty Clerk
.~/N~.Chairman, THE BOARD OF COU~F
WITNESS my hand and
My commission expire!
1210112005
COUNTY OF
SS.
ERS OF PITKIN COUNTY, COLORADO, A Colorado Home Rule County.
Address: ~'j~ _~";.,~._,~_,/~f ,~C',/.-. ~/~/
,2004, by ~,~q~"
The foregoing instrument was acknowledged before me this ~/O/-~day of
by Richard D. BrJnkley, General Manager - Regulated Services of Holy Cross Energy, a Colorado corEoration.
My commissio~e~ ~ ~O~ ~ ·
. _ .m.
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II.
CONSTRUC~TIO~N SPE ~CIFICATIONS
TRENCH AND CONDUIT
12.
13.
14.
15.
16.
VAULTS
The developer or contractor wilt contact Holy Cross Energy before conduit and vault installation
begins to schedule a pre-construction meeting with the project Inspector.
Changes in power facility construction from that shown on the project plans will not be made
Without prior approval from the Inspector.
Holy Cross Energy material shall not be moved from the project to which it was assigned to
complete another project without prior approval from tile inspector and the completion of
necessary paperwork. Holy Cross Energy material will not be used to install other utilities
Ail roads will be built to subgrade and all drainages will be constructed to grade before any
vaults or conduits are installed.
All trench will be excavated deep enough to ensure that the top of installed power facilities will
be 48" below final grade. Special care must be taken to insure that the top of conduits will be
48" below the bottom of drainage ditches and all other Iow areas.
Trench wilt be ~s straight as possible between vaults and shall have a smooth bottom free of
rocks. The trench bottom will be graded so that the conduit is continuously in contact with the
trench bottom in the entire span pdor to covering. Aminimum of 4" of soil will be placed over
any rocks left, on the trench bottom prior to conduit installation. Any soil placed in the trench
to cover rocks or smooth out low places will be compacted prior to conduit installation and the
trench bottom regraded.
Power facilities to be placed parallel to deeper utilities will have a horizontal separation from
the deeper utility greater than the depth of such utility below final grade (see attached
drawing). When crossing a deeper utility is unavoidable, the crossing wilt be made as close to
perpendicular as possible.
Power line conduits will be installed with a minimum separation of l 2" from all other new or
existing underground utility lines. Wherever possible, this separation will be horizontal Tile
power line separation from plastic gas lines will be greater than this minimum wherever
practicable. Power line conduits will be located deeper in the trench than the facilities of all
other utilities unless the inspector grants a waiver prior to the start of construction.
Backfill and compaction will be performed as required by the governmental entity or other
party having jurisdiction.
Conduit bell e~dswill not be allowed in the vaults. Conduit shall be driven completely into the
bell end 'when gluing joints. Holy Cross Energy will supply factory couplers, 90°' 45°' and
221/2° elbows as needed for job. Non-factory bends and heated bends will not be allowed. No
more than two 90° elbows will be allowed in a conduit run of S00 feet. The conduit shall run
s~Taight between factory bends. Allowed bends must be further than S' from a vault. Bends
cannot be cut to make a lesser bend. Bells will not be cut off conduit sticks to use as couplers.
Holy Cross Energy elbows and pipe will be used only for the power facility installation.
Conduit shall be bedded with at least ] 2" of rock-free soil or sand prior to backfill. Large rocks
shall not be pushed in directly on top of this 12" bedding. Care must be taken to avoid
damage to conduits during backfill and compaction.
Holy Cross Energy must inspect all conduit installation before the conduit is bedded and again
after its bedded, but prior to backfill.
Individual conduits shall enter each vault at a consistent location. There is to be no crossing of
conduits in the trenche.
Both ends of a conduit run shall be securely ptugged at the time of installation with4,,Holy Cross
Energy supplied material· Conduit ending outside a vault shall be marked with a x 4" post
or other approved method·
Red trench marking tape will be supplied by Holy Cross Energy and shall be installed ] 8" to 24"
above the conduit during backfill·
At completion of the job, the inspector will do a fir;al inspection, if the job does not meet with
Holy Cross Energy's specifications or the approval of inspector, service will not be provided
until specifications are met.
Vaults
A,
shall be installed as follows:
Splice vaults shall be installed with the top of the lid slightly above final grade of the
surrounding area.
Splice vaults located in roads or other sloped areas will be installed so that the concrete
base and lid are at the slope of the surrounding area. Vautts placed in roads will not be
located in areas normally traversed by vehicte wheels. The inspector must approve ail
vaults installed at a slope.
Transformer vaults and switchgear vaL~its will be installed with the bottom of the lid at final
grade. The lid will be level.
STLVtR DRVt$ P~TKTN COUNTY CO
499983
Page: 16 of ]8
07/21/2004 04:04P
D e.ee
Where transformer and switchgear vaults are set into hillsides or sloped cuts, the downhill
side of the vault will be graded according to C above. The slope behind the vault will be
laid back sufficiently to prohibit soil or rocks from sloughing into the vault. If the slope
cannot be laid back far enough, a retaining wall shall be constructed behind the vault at
the direction of the inspector.
Vault lids will be placed on the vaults at the time of installation unless otherwise requested
by Holy Cross Energy
F. Large vault pieces shall be jointed with a tar type sealant provided by Holy Cross Energy,
with the exception of the vault lid, at the direction of the inspector.
Holes knocked in vaults for conduit installation shall be as small as possible and shall be grouted
or foamed closed on the outside of the vault prior to backfill.
Conduit shall enter vaults perpendicular to the vault wa[l, at least 2" from any adjacent walls and at
least 2" above the vault base There shall be a rninimuro separation of ]" between conduits. See
vault drawings.
Conduit will extend 4" into the vault (measured from the inside wall of the vault) after backfilling is
complete.
Ground ~ods in vaults for underground cable installation shall be [aid in the trench with the
conduits. The end of the rod shall extend approximately 6" into the vault through the conduit
knockout. The rpd will have a 45D bend located approximately 3" from the vault end, with the
bend going away from the conduits. The bent end of the rod must be far enough from the vat, It
wall to allow crimping the grounding conductor onto the rod. The rod must be at least 2"from the
conduit at its entrance into the vault. See vault drawings.
After the vault has been set, pipes extended in and grouted or foamed, and the ground rod is in
place, vaults shall be swept out removing all dirt or rocks. Cleanup shall be completed to the
satisfaction of the inspector prior to cable installation being scheduled.
Vault openings shall be securely covered with weighted boards or like materiat to protect the
public and wildlife.
Pedestals for other utilities shall not be Iocated closer than 10' to a vault on sides where
transformers or switchgear will have access doors. Pedestals shall not be located closer than 5' to
a vault on sides wbere the pad-mounted equipment will not have access doors.
Revised 2/13/02
SILVIR DAVIS PITKIN COUNTY CO R ~.00 D ~.0~
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HOLY CROSS ENERGY
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
COUNTY OF PITKIN, STATE OF COLORADO
(hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Drawer 2150, Glenwood
Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across
lands of Grantor, situate in the County of Pitkin, State of Colorado, described as follows:
A tract of land situate in the NE N and in the NE N of the SE ~ of Section 3, Township 10 South, Range 85 West
of the 6'" P.M., more fully described in that particular General Warranty Deed recorded in Book 363, at Pages
345 through 348, in the records of 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:
Easement A, an area being 100 feet by 130 feet, (as depicted on Exhibit A) along with and including 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 by the attached exhibit.
A dimensional limitation shall apply to all "associated equipment required above ground" and "pad-mounted facilities" as
such references are contained hereinabove. Such equipment and facilities shall not exceed ten (10) feet in height
provided that Grantee, at any time, may request from Grantor, a variance from such height restriction. Grantor's approval
of such variance request shall not be unreasonably withheld. The construction or installation of only above ground
equipment and facilities will require FAA Form 7460 concurrence.
The use of this easement 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 adhere to the requirements of this paragraph.
Site Access: Except for emergency conditions or situations affecting general public safety, Grantee shall be prohibited
from using the Owl Creek Trail (bike trail) to obtain vehicular access to its electric facilities. Grantee agrees to remedy, at
its sole expense, any damage determined to be caused as a direct result of Grantee's use of Owl Creek Trail while
accessing its electric facilities.
Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the
right to temporarily 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 by Grantee using a mix approved by
Grantor. 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 it is the owner of the above described lands and that the said lands are free and clear of
encumbrances and liens of whatsoever character, except those held by the following:
TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights apd, 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~,/L
// ~
COUNTY OF PITKIN, STATE OF COLORADO
2004.
J -:te Jones, Deput~/County Clerk
W/O#04-1846S:90-49:Sardy Field - South Perimeter Road 6-9-04
By: Boar~ of Count,/,Commissioners
Dorthea Fa~ris, Chairfnan
Revised 4-16-01
Page; t of a
0T/2~./ag04 ~4:2~P
STATE OF ~.~6 )
COUNTY OF /~/~'~/~, )) ss.
The foregoing instrument was acknowledged before me this ~Ol~day of
/i~,~hairman of the Board of County Commissioners, COUNTY OF PITKIN, STATE OF COLORADO.
WITNESS my hand and official seal.
My comm~
ii/Comnil~ bl~ 12101/2O05
ta~r,' ~',~¥
,2004, by gcrthca F?.rr~,
W/O#04-18465:90-49:Sardy Field - South Perimeter Road 6-9-04
M:\Word\Ease ment s\WO#1 $465\6.9.04.doc
Revised 4-16-01
Page: 2 of' 3
07/21./2004 04:20p
SILVIA D~VIS PITKTN COUNTY CO
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499984
Page: 3 o¢ 3
07/21/2084 04:20P
D
TRENCH, CONDUIT, AND V,a/ULT ~GREEMENT
This agreement is made and entered into this ~O'~:L day of ~L/Z~ . 2004, between
COUNTY DF PITKIN, STATE DF COLORADO, whose mailing address is ~,~0 E. Nlain Street, 3'~ Floor, Aspen, Colorado 81611,
hereinafter called "Owner", and Holy Cross Energy, a Colorado corporation whose mailing address is P. O. Drawer 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 Sardy Field S. Perimeter Road, 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 tract of land situate in the NE '.4 and in the NE '~ of the SE ~
of Section 3, Township 10 South, Range 85 West of the 6'h P.M., more fully described in that particular General Warranty
Deed recorded in Book 363, at Pages 345 through 348, in the records of 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: Owl Creek Road Right-of-Way, 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 (12") 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
qualified Holy Cross employee.
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 result from 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 for work performed hereunder. 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 and has the right to disapprove of any such settlement agreement. Owner shall not be
bound by any settlement agreement for which it has not provided prior approval. 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 a
Owner shall furnish a Certificate of Insurance verifying the existence of such insurance coverage.
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.
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.
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.
W/O#04-18465:90-49:Sardy Field - South Perimeter Road 6-9-04
SlLVIR DRVIS PITKIN COUNTY CO R
Page I of 2 Revised 3-26-03
499985
Page: ] of' 5
07/21/2004 04:24P
D 0.00
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 Facffities within the easement, all of which shall
be at the sole cost and expense of Owner.
9. The ability for Holy Cross to access its Facilities 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, lmprovements, 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 adhere to the requirements of this paragraph. Site Access: Except for emergency conditions or situations
affecting general public safety, Grantee shall be prohibited from using the Owl Creek Trail (bike trail) to obtain
vehicular access to its electric facilities. Grantee agrees to remedy, at its sole expense, any damage determined to be
caused as a direct result of Grantee's use of Owl Creek Trail while accessing its electric facilities.
10. Owner covenants that it is the owner of the above described Property and that said Property is free and clear of
encumbrances and liens of any character, except those held by the following:
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.
Holy Cross Energy, a Colorado corporation
~Ric~lard I~. Brinkley, V \ 'J
Gelral Manager- Regulat~ ServicesI
STATE OF ~
COUNTY OF .~/t',~ / ~..-
) SS.
COUNTY OF PITKIN, STATE OF COLORADO
Dorthea Farr¥
Chairman
~tte Jones, Depu
ounty Clerk
J
The foregoing instrument was acknowledged before me thist-~0~----day-- of
Chairman, Board of County Comrnm~s' 'on~ners, COUNTY OF PITKIN, STATE OF COLORADO
STATE OF ~[~lJliiJllt~
The foregoing instrument was acknowledged before me this /~ day of
by Richard D. Brinkley, General Manager - Regulated Sewices of Holy Cro~nergy~a Colorad~orporation.
WITNESS my hand and official seal. ~~A
My com~n expires: ~ -'~ ~ ~~/
W/O#04-18465:90-49:Sardy Field - South Perimeter Road 6-9-04
Trench, Conduit and Vault Agreement
Holy Cross Energy
Page 2 of 2 Revised 3-26-03
SlLVIR DRVIS PITKIN COUNTY CO R
499985
Page: 2 of' 5
07/21/2004 04:24P
D 0.00
h TRENCH AND CONDUIT
II.
CONSTRUCTION SPECIFICATIONS
The developer or contractor will contact Holy Cross Energy before conduit and vault installation
begins to schedule a pre-construction meeting with the project Inspector.
Changes in power facility construction from that shown on the project plans will not be made
Without prior approval from tile Inspector.
Holy Cross Energy material shall not be moved from the project to which it was assigned to
complete another project without prior approval from the inspector and the completion of
necessary paperwork. Holy Cross Energy material will not be used to install other utilities
All roads will be built to subgrade and all drainages will be constructed to grade before any
vaults or conduits are installed.
12.
13.
All trench will be excavated deep enough to ensure that the top of installed power facilities will
be 48" below final grade. Special care must be taken to insure that tile top of conduits will be
48" below the bottom of drainage ditches and all other Iow areas
Trench will be as straight as possible between vaults and shall have a smooth bottom free of
rocks. The trench bottom will be graded so that the conduit is continuously in contact with the
trench bottom in the entire span prior to covering. A minimum of 4" of soil will be placed over
any rocks left on the trench bottom prior to conduit installation. Any soil placed in the trench
to cover rocks or smooth out Iow places will be compacted prior to conduit installation and the
trench bottom regraded.
Power facilities to be placed parallet to deeper utilities will have a horizontal separation from
the deeper utility greater than the depth of such utility below final grade (see attached
drawing). When crossing adeeper utility is unavoidable, the crossing will be made as close to
perpendicular as possible.
Power line conduits will be installed with a minimum separation of 12" from all other new or
existing underground utility lines. Wherever possible, this separation will be horizontal. The
power line separation from plastic gas lines will be greater than this minimum wherever
practicable. Power line conduits will be located deeper in the trench than tbe facilities of all
otl~er utilities unless the inspector grant~ a waiver prior to the start of construction.
Backfill and compaction will be performed as required by the governmental entity or other
party having jurisdiction.
Conduit bell e~ds will not be allowed in the vaults Conduit shall be driven completely into the
bell end'when gluing joints. Holy Cross Energy will supply factory couplers, 90", 45°, and
221/2° elbows as needed for job. Non-factory bends and heated bends will not be allowed. No
more than two 90° elbows will be allowed in aconduit run of 500 feet. The Conduit shall run
stTaight between factory bends. Allowed bends must be further than 5' from avault. Bends
cannot be cut to make a lesser bend. Bells will not be cutoff conduit sticks to use as couplers.
Holy Cross Energy elbows and pipe will be used only for the power facility installation.
Conduit shall be bedded with at least 12" of rock~free soil or sand prior to backfill. Large rocks
shall not be pushed in directly on top of this 12" bedding. Care must be taken to avoid
damage to conduits during backfill and compaction.
Holy Cross Energy must inspect all conduit installation before the conduit is bedded and again
after its bedded, but prior to backfill.
Individual conduits shall enter each vault at a consistent location. There is to be no crossing of
conduits in the trenche.
14.
IS.
16.
Both ends of a conduit run shall be securely plugged at the time of installation with Holy Cross
Energy supplied material. Conduit ending outside avault shall be marked with a 4" x 4" post
or other approved method.
Red trench marking tape will be supplied by Holy Cross Energy and shall be installed ] 8" to 24"
above the conduit during backfill.
At completion of the job, the inspector will do a fi~iinspection. If the job do~s not meet with
Holy Cross Energy's specifications or the approval of inspector, service will not be provided
until specifications are met.
VAULTS
1. Vaults shall be installed ,as follows:
A. Splice va'ults shall be installed with the top of the lid slightly above final grade of the
surrounding area.
Splice vaults located in roads or other sloped areas will be installed so that the concrete
base and lid are at the slope of the surrounding area. Vaults pJaced in roads will not be
located in areas normally traversed by vehicle wheels. The inspector must approve all
vaults installed at a slope.
Transformer vaults arid switchgear vaults will be installed with the bottom of the lid at final
grade. The lid will be level.
Page: 3 o¢ 5
07/21./2004 04:24P
SILVIR DRVIS PlTKIN COUNTY CO R 0.0o D 0.00
Where transformer and switchgear vaults are set into hillsides or sloped cuts, the downhill
side of the vault will be graded according to C above. The slope behind the vauh will be
laid back sufficiently to prohibit soil or rocks from sloughing into the vault. If the slope
cannot be laid back far enough, a retaining wail shall be constructed behind the vault at
the direction of the inspector.
Vault lids wilI be placed on the vaults at the time of installation unless otherwise requested
by Holy Cross Energy.
F. Large vault pieces shall be jointed with a tar type sealant provided by Holy Cross Energy,
with the exception of the vault lid, at the direction of the inspector.
Holes knocked in vaults for conduit installation shall be as small as possible and shall be grouted
or foamed closed on the outside of the vault prior to backfill.
Conduit shall enter vauhs perpendicular to the vault wall, at least 2" from any adjacent walls and at
least 2" above the vault base. There shall be a minimum separation of l" between conduits. See
vault drawings.
Conduit will extend 4" into the vault (measured from the inside wall of the vault) after backfilling is
complete.
Ground rods in vaults for underground cable installation shall be laid in the trench with the
conduits. The end of the rod shall extend approximately 6" into the vault through the conduit
knockout. The rod will have a 45° bend located approximately 3" from the vault end, with the
bend going away from the conduits. The bent end of the rod must be far enough from the vault
wall to allow crimping the grounding conductor onto the rod. The rod must be at least 2" from the
conduit at its entrance into the vault. See vault drawings.
After the vault has been set, pipes extended in and grouted or foamed, and the ground rod is in
place, vaults shall be swept out removing all dirt or rocks. Cleanup shall be completed to the
satisfaction of the inspector prior to cable installation being scheduled.
Vault openings shall be securely covered with weighted boards or like material to protect the
public and wildlife.
Pedestals for other utilities shall not be located closer than 10' to a vault on sides where
transformers or switchgearwill have access doors. Pedestals shall not be located closer than S' to
a vault on sides where the pad-mounted equipment will not have access doors.
Revised 2/I 3/'02
Page: 4 o¢ 5
87/21/20~4 04:24P
$ILVIA DAVIS PITKIN COUNTY O0 R 8.~ D ~.~
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HOLY CROSS ENERGY
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, A Colorado Home Rule 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. Drawer 2150, Glenwood
Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across
lands of Grantor, situate in the County of Pitkin, State of Colorado, described as follows:
A tract of land situate in the E ½ of Section 3, Township 10 South, Range 85 West of the 6th P.M.,
more fully described in that particular District Court, Pitkin County, Colorado, RULE AND ORDER
document as recorded by Reception No. 452307 on March 12, 2001, in the records of 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 B 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 by the attached exhibit.
A dimensional limitation shall apply to all "associated equipment required above ground" and "pad-mounted facilities" as
such references are contained hereinabove. Such equipment and facilities shall not exceed ten (10) feet in height
provided that Grantee, at any time, may request from Grantor, a variance from such height restriction. Grantor's approval
of such variance request shall not be unreasonably withheld. The construction or installation of only above ground
equipment and facilities will require FAA Form 7460 concurrence.
The use of this easement 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 adhere to the requirements of this paragraph.
Site Access: Except for emergency conditions or situations affecting general public safety, Grantee shall be prohibited
from using the Owl Creek Trail (bike trail) to obtain vehicular access to its electric facilities. Grantee agrees to remedy, at
its sole expense, any damage determined to be caused as a direct result of Grantee's use of Owl Creek Trail while
accessing its electric facilities.
Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the
right to temporarily 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 by Grantee using a mix approved by
Grantor. 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 it is the owner of the above described lands and that the said lands are free and clear of
encumbrances and liens of whatsoever character, except those held by the following:
AND TO HOLD, said right-of-way and easement, together with all and singular, the rights,a"~ivileges
TO
HAVE
appertaining thereto, unto Grantee, its successors and assigns, forever. ,~ ~ / _J/
IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this~/ day o~, 2004.
BOARD OF COUNTY COMMISSlONE~: OF PITKIN COUNTY,
A Colorado Home Rule County
A~TTEST:
Jeanett~.~ones, Deputy Co ty Clerk
W/O#04-1 $465:90-4g:Sardy Field - South ?erimeter Road 6-9-04
Revised 4-16-01
The foregoJng instrument was acknowledged before me this ~ ~
day of -.Z~;/V' , 2004, byq~4~ea E~ri~,
Chairman of the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, A Colorado Home Rule County.
WITNESS my hand and official seal.
My commission expires:
B/Cmmillim ~ 1210112005
W/0#04-18465:90-49:$ardy Field - South Perimeter Road 6-9-04
Revised 4-16-01
SILVIA DAVIS PITKIN OOUNTY CO R 8.08
499986
Page: 2 of' 3
87/21/2884 84:25P
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TRENCH, CONDUIT, AND V.~ULT ~GREEMENT
This agreement is made and entered into this ~/~ day of ~ ~J'~ ,2004, between
THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLOR,6/~O, A/Colorado Home Rule County, whose mailing
address is 530 E. Main Street, 3'a Floor, Aspen, Colorado 81611, herinafter called "Owner", and Holy Cross Energy, a
Colorado corporation whose mailing address is P. O. Drawer 2150, Gfenwood 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 Sardy Field S. Perimeter Road, 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 tract of land situate in the E ½ of Section 3, Township 10
South, Range 85 West of the 6'h P.M., more fully described in that particular District Court, Pitkin County, Colorado, RULE
AND ORDER document as recorded by Reception No. 452307 on March 12, 2001, in the records of 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: Tracts of land situate in Section 3, Township 10 South, Range 85 West of the
6'h P.M., as more informally known as Parcels "N" and "N-lA" and Owl Creek Road Right-of-Way, collectively 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 (12") 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
qualified Holy Cross employee.
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 result from 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 for work performed hereunder. 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 and has the right to disapprove of any such settlement agreement. Owner shall not be
bound by any settlement agreement for which it has not provided prior approval. 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 a
Owner shall furnish a Certificate of Insurance verifying the existence of such insurance coverage.
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.
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.
W/O#04-18465:90-49:Sardy Field - South Perimeter Road 6-9-04
SILVIR DRVIS PITKIN COUNTY CO R g.00
499987
Page: ~ of' 5
07/2~./2004 04:21SP
D 0.00
Page I of 2 Revised 3-26-03
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. The ability for Holy Cross to access its Facilities 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 adhere to the requirements of this paragraph. Site Access: Except for emergency conditions or situations
affecting general public safety, Grantee shall be prohibited from using the Owl Creek Trail (bike trail) to obtain
vehicular access to its electric facilities. Grantee agrees to remedy, at its sole expense, any damage determined to be
caused as a direct result of Grantee's use of Owl Creek Trail while accessing its electric facilities.
] 0. Owner covenants that it is the owner of the above described Property and that said Property is free and clear of
encumbrances and liens of any character, except those held by the following:
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.
Holy Cross Energy, a Colorado corporation
Ric Lrd D~Brinkley, \ \' '
Get eral Manager - Regulatec~Services
STATE OF (/'?0/, ~, 4 ~ ~ )
COUNTY OF P)'~'~ I ~t~ ) )ss.
The foregoing instrument was ackno~9~t~~
i~,t.l#~.Chairman, THE BOARD OF COU~
STATE o, 12,0',,2oo5
THE BOARD OF COUNTY COMMISSIONSERS
OF PITKIN COUNTY, COLORADO
A Colora,~ Home R~Jle~Eounty
By: Dorthea Farn~',
Chairman
~ t~ s,~D~ puty~ou nt~y Clerk
before me this ~dC~ day of
IERS OF PITKIN COUNTY, COLORADO, A Colorado Home Rule County.
Address:
The foregoing instrument was acknowledged before me this ~/~)/'~day of ¢:;::~'~-~/t~-~ ,20 ,
by Richard D. Brinkley, General Manager - Regulated Services of Holy Cross Energy, a Colorado cor~.oration.
~ ,- r ~ Address: ~ ~,
W/O~04-18465:90-~i~- South Perimeter Road 6-9-04 Page 2 of 2 Revised ,-26-0,
Trench, Conduit and Vault Agreement
Ho~y Cross Energy
Page: 2 of 5
II.
CONSTRUCTION SPECIFICATIONS
TRENCH AND CONDUIT
The developer or contractor will contact Holy Cross Energy before conduit and vault installation
begins to schedule a pre-construction meeting with the project Inspector.
Changes in power facility construction from that shown on the project plans will not be made
Without prior approval from the Inspector.
Holy Cross Energy material shall not be moved from the project to which it was assigned to
complete another project without prior approval from the inspector and the completion of
necessary paperwork. Holy Cross Energy material will not be used to install other utilities
All roads will be built to subgrade and all drainages will be constructed to grade before any
vaults or conduits are installed.
11.
12.
13.
All trench will be excavated deep enough to ensure that the top of installed power facilities will
be 48" below final grade. Special care must be taken to insure that the top of conduits will be
48 below the bottom of dramage ditches and all other Pow areas.
Trench will be as straight as possible between vaults and shall have a smooth bottom free of
rocks. The trench bottom will be graded so that the conduit is continuously in contact with the
trench bottom in the entire span prior to covering. A minimum of 4" of soil will be placed over
any rocks left on the trench bottom prior to conduit installation. Any soil placed in the trench
to cover rocks or smooth out Iow places will be compacted prior to conduit installation and the
trench bottom regraded.
Power facilities to be placed parallel to deeper utilities will have a horizontal separation from
the deeper utility greater than the depth of such utility below final grade (see attached
drawing). When crossing adeeper utility is unavoidable, the crossing wilt be made as close to
perpendicular as possible.
Power line conduits will be installed with a minimum separation of 12" from all other new or
existing underground utility tines. Wherever possible, this separation will be horizontal. The
power line separation from plastic gas lines witl be greater than this minimum wherever
practicable. Power line conduits will be located deeper in the trench than the facilities of all
other utilities unless the inspector grant} a waiver prior to the start of construction.
Backfill and compaction will be performed as required by the governmental entity or other
party having jurisdiction.
Conduit bell ~ds will not be altowed in the vaults. Conduit shall be driven completely into the
bell end 'when gluing joints. Holy Cross Energy will supply factory couplers, 90°, 45o, and
221/2° elbows as needed for job. Non-factory bends and heated bends will not be allowed. No
more than two 90° elbows will be allowed in aconduit run of SO0 feet. The conduit shall run
straight between factory bends. Allowed bends must be further than S! from a vault. Bends
cannot be cut to make a lesser bend. Bells will not be cutoff conduit sticks to use as couplers.
Holy Cross Energy elbows and pipe will be used only for the power facility installation.
Conduit shall be bedded with at least 12" of rock-free soil or sand prior to backfill. Large rocks
shall not be pushed in directly on top of this 12" bedding. Care must be taken to avoid
damage to conduits during backfill and compaction.
Holy Cross Energy must inspect all conduit installation before the conduit is bedded and again
after its bedded, but prior to backfill.
Individual conduits shall enter each vault at a consistent location. There is to be no crossing of
conduits in the trenche.
14.
15.
16.
Both ends of a conduit run shall be securely plugged at the time of installation with,Holy Cross
Energy supplied material. Conduit ending outside a vault shall be marked with a4-x 4" post
or other approved method.
Red trench marking tape will be supplied by Holy Cross Energy and shall be instailed lB'~ to 24"
above the conduit during backfill.
At completion of the job, the inspector will doafir;alinspection. If the job does not meet with
Holy Cross Energy's specifications or the approval of inspector, service will not be provided
until specifications are met.
VAULTS
1. Vaults shall be installed as fo ows:
A. Splice va.utts shall be installed with the top of the lid slightly above final grade of the
surrounding area.
Splice vaults located in roads or other sloped areas will be installed so that the concrete
base and lid are at the slope of the surrounding area. Vaults placed in roads will not be
located in areas normally traversed by vehicle wheels. The inspector must approve all
vaults installed at a slope.
C. Transformer vaults and switchgear vau~ts wilt be installed with the bottom of the lid at final
grade. The lid will be level.
SILVIR DRVIS PITKIN COUNTY CO R 0.0e
499987
Page: 3 of' 5
07/21/2004 04:26P
D o.oe
Where transformer and switchgear vaults are set into hillsides or sloped cuts, the downhill
side of the vault will be graded according to C above. The slope behind the vault will be
laid back sufficiently to prohibit soil or rocks from sloughing into the vault. If the slope
cannot be laid back far enough, a retaining wall shall be constructed behind the vault at
the direction of the inspector.
Vault lids will be placed on the vaults at the time of installation unless otherwise requested
by Holy Cross Energy.
Large vault pieces shall be jointed with a tar type sealant provided by Holy Cross Energy,
with the exception of the vault lid, at the direction of the inspector.
Holes knocked in vaults for conduit installation shall be as small as possible and shall be grouted
or foamed closed on the outside of the vault prior to backfill.
Conduit shall enter vaults perpendicular to the vault wall, at least 2" from any adjacent walls and at
least 2" above the vault base. There shall be a minimum separation of ' between conduits See
vault drawings.
Conduit will extend 4" into the vault (measured from the inside wall of the vault) after backfilling is
complete.
Ground rods in vaults for underground cable installation shall be laid in the trench with the
conduits. The end of the rod shall extend approximately 6" into the vault through the conduit
knockout. The rod will have a 45° bend located approximately 3" from the vault end, with the
bend going away from the conduits. The bent end of the rod must be far enough from the vault
wall to allow crimping the grounding conductor onto the rod. The rod must be at least 2" from the
conduit at its entrance into the vault. See vault drawings.
After the vault has been set, pipes extended in and grouted or foamed, and the ground rod is in
place, vaults shall be swept out removing all dirt or rocks. Cleanup shall be completed to the
satisfaction of the inspector prior to cable installation being scheduled.
Vault openings shall be securely covered with weighted boards or like material to protect the
public and wildlife.
Pedestals for other utilities shall not be located closer than ]0' to a vault on sides where
transformers or switchgearwill have access doors. Pedestals shall not be located closer than 5' to
a vault on sides where the pad-mounted equipment will not have access doors.
Revised 2/I 3/02
07/2~./2~104 ~4:21~P
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