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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY( COLORADO GRANTING AN UNDERGROUND RIGHT OF
WAY EASEMENT TO HOLY CROSS ENERGY
Ordinance No. 433 -2006
Recitals
1.
Pitkin County is the owner of real property (the "Property"~ situated in the E V2
of Section 3, Township 10 South, Range 85 West of the 61 P.M., more fully
described in that particular District Court, Pitkin County, Colorado, Rule and
Order document as recorded by Reception No. 512051 on July 5, 2005, 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.
The Board of County Commissioners ("BOCC") desires to grant an underground
right of way easement across the Property to Holy Cross Energy for the burial
and relocation of existing above-ground powerlines.
3.
The easement alignments are shown on Exhibit A to the Holy Cross Energy
Underground Right of Way Easement, which has been reviewed and approved as
to form by the County Attorney's Office.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Ritkin County, that the Board of County Commissioner does hereby
authorize the Chair to sign on its behalf, the Holy Cross Energy Underground Right of
Way Easement in the form approved by the County Attorney's Office.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 1st DAY
OF NOVEMBER, 2006
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON NOVEMBER 5, 2006
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE
15TH DAY OF NOVEMBER, 2006
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE
19TH DAY OF NOVEMBER, 2006
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION
FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS.
1 1111111111111111111111 ~~~~:~~;~ :1:39
J~NICE K vas CAUDILL PITKIN COUNTY CO R 0.00 0 0.00
BOARD OF COUNTY COMMISSIONERS OF
PITKIN CO NTY, COJ.O 0
Michael C. Ireland
Chair
Je ette Jones
D uty Clerk and ecorder
Date:
//~ /7- 06
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
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Jol:tDM.'E:ly,/~
/County Attorney
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Airport Director
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JANICE K VOS CFlUDILL 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 COUNn, 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 21 50, 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 situated In the E yz of Section 3, Township 10 South, Range 85 West of the 6'" P.M.,
more fully described in that particular District Court, Pitkin County, Colorado, Rule and Order document
as recorded by Reception No. 512051 on July 5,2005, 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 Exhibi~,~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 grqund 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 (l0) 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 shalt 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, shalf 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. -d ,,). _ I -
IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on thi~ day of ~ 200(0
..----.----
ATTEST: ./'
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,John
ATTE
W/O#05-18465:90-49:Sardy Field - South Perimeter Road: 1 0-11-06 Veda\Franke\Ulane
Revised 4.16-01
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JFlNICE K vas CFlUDILL PITKIN COUNTY CO R 0.00
531532
Page: 3 of 5
11/28/2006 01,39
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STATE OF {~ACc/<<l.7(} I
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COUN1Y OF iT/''' /K I
The foregoing instrument was acknowledged before me thisd..t.day of !1:;J,;{/J!l7lth.J-:Jloos, by MICHAEL
IRELAND, as CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, A Colorado Home Rule County.
WITNESS my hand and official seal.
My commission expires:
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Nota Public
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JANICE K vas CAUDILL PITKIN COUNTY CO R /2006 01.39
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. Holy Cross Energy
Glenwood Springs, Colorado
NOTTO SCALE
FAC1l!1Y:"LOCATIONS APPROXIMATE
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AIRPORT
PROPERTY
000
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HIGHWAY 82
NEW
PAD MOUNTED
TRANSFORMER
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NEW UNDERGROUND
POWER LINE
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-------
OVERHEAD POWER LINE
TO BE REMOVED
Section 3 Township 10 South Range 85 Wesl of the 6th P,M.
Job Name: PITKIN COUNTY AIRPORT OVERHEAD RETIREMENT
PITKIN County
W/O #; 19836
EXHIBIT A
se: 1~0t~;t~~~ 001i HI iiflJ Njlfurlf lr lflr
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 situated In the E Jt.. of Section 3, Township] 0 South, Range 85 West ofthe 6'h P.M.,
more fully described in that particular District Court, Pitkin County, Colorado, Rule and Order document
as recorded by Reception No. 512051 on July 5, 2005, 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 Exhibltl...e-a-&-attached hereto and made a
part hereof by reference. A-
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 (l0) 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-o.f -w.av. and easement, together with all and singular, the rightSjJ;id priv.lle. ges
appertaining thereto, unto Grantee, its successors and assigns, forever. .~. .
IN WITNESS WHEREOF, Grantor has c.aused these presents to be duly executed on this~ day of 1.'.ti ~ ZOO(o
.."...---...
ATTEST. ~ BOARD OF COUNlY MMISS~ON;? OF PIT COUNlY,
.- - A Colorad n"j;7t. / I ~~{t,
0, CHAIRMAN
WjO#05-18465:90-49:Sardy Field - South Perimeter Road:l 0-1 ] -06 V!da\Franke\Ulane
Revised 4-16-01
1111111111111111 111111
J~NICE K vas C~UDILL PITKIN COUNTY CO R 0.00
531533
Page: 1 of 3
11/28/2006 02,37
D 0.00
Is,
STATE OF (~CI.j.J(f.lC I
COUNTY OF 1/ r,r.-( / t<. )} ss.
The foregoing instrument was acknowledged before me thi~ day of /1;J g.i! 171~005, by MICHAEL
IRELAND, as CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, A Colorado Home Rule County.
WITNESS my hand and official seal.
My commission expires:
dUJ ~/I /l
fJ.o &X dd77
~hi~
Address:
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W/O#05-18465:90-49:Sardy Field - South Perimeter Road: 1 0-11-06 Veda\Franke\UIBne
Revised 4-16 01
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JRNICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 0 0.00
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. Holy Cross Energy
Glenwood Springs, Colorado
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NEW UNDERGROUND
POWER LINE
-------
OVERHEAD POWER LINE
TO BE REMOVED
AIRPORT
PROPERTY
NOTTO SCALE
FACILID'..J..OCATlONS APPROXIMATE
Section 3 Township 10 South Range 85 West of the 6th P.M.
Job Name: PITKIN COUNTY AIRPORT OVERHEAD RETIREMENT
EXHIBIT A
PITKIN County
WIO #: 19836