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HomeMy WebLinkAboutbocc.ord.011.2000 {IIIII IIIII (IIIII IIIII 111111 III IIIIIII III IIIII (III ilii 443235 05/11/2000 02:46P ORDINANC OAVIS SILVI 1 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING A RIGHT OF WAY EASEMENT TO HOLY CROSS ENERGY ON PROPERTY OWNED BY PITKIN COUNTY AND LOCATED AT THE PITKIN COUNTY LANDFILL Ordinance No. /f -2Zfi0 Recitals 1. Pitkin County is the owner of real property at the Pitkin County Landfill, more fully described as a parcel of land situated in Section 8, Township 9 South, Range 85West of the 6' P.M., as more fully described in Book 219 at page 205 and Book 220 at page 460 in the real property records of Pitkin County. 2. The Landfill must have electrical service to its water well, which is used for fire protection, dust control, and in the compost operation, and to the contractor's office trailer. Such service must not interfere with landfilling activities. 3. In order to obtain electrical service at the water well and contractor's,Holy Cross Energy must demolish an existing overhead service and install a new power line. The line will be located on county property. Holy Cross Energy is seeking a right of way easement from Pitkin County in order to install the new line. 4. The proposed Right-of-Way Easement is attached as Exhibit A. NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado that the Board of County Commissioners does hereby authorize the Chair to sign on its behalf, the Holy Cross Energy Right-of-Way Easement, granting to Holy Cross Energy an right of way easement for the purpose of installing new G I unnd lines through county property as described on the right-of-way easement attached as Exhibit A. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 23`" DAY OF FEBRUARY, 2000. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON 19T" DAY OF FEBRUARY, 2000. APPROVED UPON SECOND READING AND PU13LIC HEARING ON THE STH DAY OF MARCH, 2000. Ordinance No//z:-,v00 Page 2 PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 18T" DAY OF MARCH, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO i Je ette Jones, Shellie Roy Harper D uty Clerk Chair Date: APPROVED AS TO FORM: John M. Ely Suz a Konc an County Attorne Coun Manager Date: 323 Sa 11/2 i 11Ll III IIIIIII 111111111111 Jill 443236 06/ill2000 0246P ORDINANC DAVIS SILYI 2 of 4 0 0.00 D 0.00 N 0.00 PITKIN COUNTY CO HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, PITKIN COUNTY, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO (hereinafter called "Grantorl, for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. 0. 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 parcel of land situated in Section 8, Township 9 South, Range 85 West of the 6th P.M., as more fully described In book 219 at page 205 and book 220 at page 460 of the Pitkin County Courthouse, Aspen, Colorado. And, to construct, reconstruct, enlarge, operate, maintain and remove an electric transmission or distribution line or system, within the above mentioned lands, upon an easement described as follows: An easement twenty(20) feet in width, the centerline for said easement being a 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. It is agreed that down guys with anchors can be installed outside of the twenty(20) foot easement. The rights herein granted specifically allow Grantee to Install additional poles, down guys with anchors, overhead conductors and/or related facilities within the easement described by the attached exhibit. Additional down guys with anchors may also be installed outside the twenty(20) foot easement. And, in addition, Grantor hereby grants to Grantee, and to Its successors and assigns, the right to clear all trees and brush, by machine work or otherwise, within said easement, and the further right to cut trees, even though outside of said easement, which are tall enough to strike the wires in falling. Grantor agrees that all poles, wire and other 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 and privileges appertaining thereto, unto Grantee, Its successors and assigns, forever. IN WITNESSiNHEREOOF,Grantor has caused these presents to be duly executed on this 1��Cj day of PITKIN COUNTY,A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO Title: ' 1 4. Oo c STATE OF ss. I4O41NTY OF C The f goi instru t was a owled gd before me this by as PITKIN COUNTY,A BODY CORPORATE AND POLITIC OF THE STATE OF COLD DO. �y E oys WITNESS my hand and official seal. y/. 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