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HomeMy WebLinkAboutresolution.council.035-21 RESOLUTION #035 (Series of 2021) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING TWO EASEMENTS AND A TRENCH AND VAULT AGREEMENT FOR UTITLITES AT COZY POINT RANCH AUTHORIZING TORRE, MAYOR, TO EXECUTE SAID EASEMENTS AND AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council two easements and a trench and vault agreement, a true and accurate copy of which is attached hereto as Exhibit "A", Exhibit `B" and Exhibit "C"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves two easements and a trench and vault agreement for utilities at Cozy Point Ranch, a copy of the easements and agreement is annexed hereto and incorporated herein, and does hereby authorize the Mayor to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 131" day of April 2021. Zff9e=-- Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, April 13th, 2021. 5' �o /V icc kh0b;n Nicole Henning, City Clerk .� RECEPTION#:676273, R: $48.00, D:$0.00 DOC CODE: EASEMENT HOLY CROSS ENERGY P9 1 of 8,05/06/2021 at 11:54:63 AM RIGHT-OF-WAY EASEMENT Janice K.Vos Caudill, Pitkin County,CO KNOW ALL MEN BY THESE PRESENTS, that the undersigned, City of Aspen (hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. 0. Box 2150, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across lands of Grantor, situate in the County of Pitkin, State of Colorado, described as follows: A parcel of land situate in Sections 16 and 21,Township 9 South, Range 85 West of the 6`h P.M., as more fully described at Reception Number 375046 in the records of the Pitkin County Clerk and Recorder's Office,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 thirty(30)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. The rights herein granted specifically allow Grantee to (1) install down guys with anchors as needed on any pole located on the above described easement, and (2) install additional poles, down guys with anchors, overhead conductors and/or related facilities within the above described easement at any time in the future. 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 the surface of the ground will not be changed nor will any other alteration be made within the boundaries of the easement which would violate National Electrical Safety Code requirements for minimum clearance from the power line conductors. 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 they are the owner of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: All those of Record. TO HAVE AND TO HOLD, said right-of-way and easement,together with all and singular,the rights and privileges appertaining thereto, unto Grantee, its successors and assigns,forever. IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this day of , 20 W/0#21-24099:78-53:Cozy Point Ranch Padmount Farm Collaborative 3/17/21 21-24099LC Page 1 of 2 Revised 4/5/11 0 The individual signing this Holy Cross Energy Right-of-Way Easement hereby represents that they have full power and authority to sign, execute, and deliver this instrument. City of Aspen Mayor STATE OF ss. COUNTY OF Pr 44 n ) 4� The foregoing instrument was acknowledged before me this K� 3 day of a rt , 20 Z , by `Trrt as Mayor of City of Aspen. WITNESS my hand and official seal. My commission expires: No ry Pubtie Shannon L.Buckner / gi'fo (1 NOTARY PUBLIC Address: I o S. C7 - aP2= STATE OF COLORADO NOTARY ID 20214001033 MY COMMISSION EXPIRES JANUARY8,2M W/0#21-24099:78-53:Cozy Point Ranch Padmount Farm Collaborative 3/17/21 21-24099LC Page 2 of 2 Revised 4/5/11 IN Rr3 a , PARCEL# 264321200851 R014797 >r 1 C�ov moor © r � , W' APPROXIMATE CENTERLINE S ` OVERHEAD 'IL I LINE EXTENSION VIG4 GSEIJENT its � � 1 1 1 1 X � 1 d W E Section 21 Township 9 South Range 85 West of the 6th P.M. Pitkin County Job Name: COZY POINT RANCH PADMOUNT FARM COLLABORATIVE W/O #: 24099 Holy Cross Energy NOT TO SCALE Date EXHIBIT A Glenwood Springs,Colorado FAAIL YLOI CATIONS 3/17/21 HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, City of Aspen (hereinafter called "Grantor"), for a good and valuable consideration,the receipt whereof is hereby acknowledged, does hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P.O. Box 2150, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns,the right of ingress and egress across lands of Grantor, situate in the County of Pitkin, State of Colorado, described as follows: A parcel of land situate in Sections 16 and 21,Township 9 South, Range 85 West of the 6th P.M., as more fully described at Reception Number 375046 in the records of the Pitkin County Clerk and Recorder's Office, Aspen, Colorado. And, to construct, reconstruct, repair, change, enlarge, re-phase, operate, and maintain an underground electric transmission or distribution line, or both,with the underground vaults, conduit, fixtures and equipment used or useable in connection therewith, together with associated equipment required above ground,within the above mentioned lands, upon an easement described as follows: An easement ten (10)feet in width, the centerline for said easement being an underground power line as constructed,the approximate location of which upon the above described property is shown on Exhibit 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 herein. It shall be the Grantor's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at all times. The use of such access by Grantee shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10)feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10)feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four(4)feet from non-opening sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections will be made at the sole cost and expense of Grantor. Together with the right to remove any and all trees, brush,vegetation and obstructions within said easement and the right to pile spoils outside said easement during construction and maintenance,when such is reasonably necessary for the implementation and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described use of the easement,the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized and that Grantee will not be responsible for damage to said additional landscaping or surface improvements caused by exercise of its rights granted by this easement. Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantor covenants that they are the owner of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character,except those held by the following: All those of Record. OW/0#21-24099:78-53:Cozy Point Ranch Padmount Farm Collaborative 3/17/21 21-24099LC Page 1 of 2 Revised 4/5/11 TO HAVE AND TO HOLD, said right-of-way and easement,together with all and singular,the rights and privileges • appertaining thereto, unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this day of , 20 The individual signing this Holy Cross Energy Underground Right-of-Way Easement hereby represents that they have full power and authority to sign, execute,and deliver this instrument. City of Aspen By: ?37zy—.-1 (0� jQ o Mayor STATE OF CO l ) �L )COUNTY OF ss.`T1-( h The foregoing instrument was acknowledged before me this it- day of AN-7 I , 20V , by vCrC- as Mayor of City of Aspen. WITNESS my hand and official seal. My commission expires: Notar Ic Address: Shannon L.Buckner 9(41C( NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20214001033 MY COMMISSION EXPIRES JANUARY 8,2025 W/0#21-24099:78-53:Cozy Point Ranch Padmount Farm Collaborative 3/17/21 21-24099LC Page 2 of 2 Revised 4/5/11 PARCEL# 264321200851 R014797 All O r 1 J r f ��• r i Al 1 4 It 1 1 1 , APPROXIMATE CENTERLINE r UNDERGROUND POWER LINE r ' W ` j j 111111111 � L 7{It111t111111111 111111111 � , A).+ APPROXIMATE C3 CENTERLINE - � r UNDERGROUND POWER LINE N w E S Section 21 Township 9 South Range 85 West of the 6th P.M. Pitkin County Job Name: COZY POINT RANCH PADMOUNT FARM COLLABORATIVE W/O #: 24099 Holy Cross Energy NOT TO SCALE Date EXHIBIT B Glenwood Springs, Colorado FACILITY LOCATIONS APPROXIMATE 3/17/21 TRENCH,CONDUIT,AND VAULT AGREEMENT This agreement is made and entered into this�day of .—n p-% L, . 20 ?� between City of Aspen,whose mailing address Is 130 S. Galena St.,Aspen,CO 81611,hereinafter called"Owner",and Holy Cross Energy,a Colorado corporation whose mailing address is P.O.Box 2150,Glenwood Springs,Colorado 81602,hereafter called"Holy Cross". WHEREAS,Holy Cross has been requested by Owner to provide underground electric facilities,hereinafter called"Facilities", to serve a project known as Cozy Point Ranch Padmount Farm Collaborative,hereinafter called"Project";and, WHEREAS, Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup needed to construct said requested Facilities;and, WHEREAS,Owner owns real property described as follows: A parcel of land situate in Sections 16 and 21,Township 9 South, Range 85 West of the 6"P.M.,as more fully described at Reception Number 375046 in the records of the Pltkin County Clerk and Recorder's Office,Aspen,Colorado,hereinafter called"Property",which Property is the real property where the Project is being developed;and, WHEREAS, Installation of Facilities to serve the Project may require trenching or other excavation on certain real property adjacent to the Project described as follows: N/A, hereinafter called"Adjacent Land". NOW,THEREFORE,Owner and Holy Cross agree as follows: 1. Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for Installation of Facilities to serve the Project. Such excavation shall be located as shown on the construction plans approved by Holy Cross, and performed In accordance with Holy Cross Vault Installation Specificatlons, 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 (S) feet of existing underground electric facilities except under the on site supervision of a Holy Cross employee. W/0#21-24099:78-53:Cozy Point Ranch Padmount Farm Collaborative 3/17/21 21-2099u: Page 1 of 3 Revised 4/5/11 • 4. Owner shall indemnify,save,and hold harmless Holy Cross,its employees and agents,against any and all loss, liability, claims,expense, suits,causes of action,or Judgments for damages to property or injury or death to persons that may arise out of work performed hereunder,or because of a breach of any of the promises,covenants and agreements herein made by the Owner. Owner shall promptly defend Holy Cross whenever legal proceedings of any kind are brought against it arising out of work performed hereunder by the Owner and/or work performed at the direction of the Owner. In the event Owner shall fall to promptly defend Holy Cross, it shall be liable to Holy Cross,and shall reimburse It,for all costs,expenses and attorney fees incurred In defending any such legal proceeding. Owner agrees to satisfy, pay, and discharge any and all judgments and fines rendered against Holy Cross arising out of any such proceedings. Owner also agrees to promptly satisfy and pay any monetary settlements of disputes that arise hereunder,provided Owner has been given the opportunity to join in such settlement agreements. The above indemnification clause shall not apply to state and local governments or local service districts. In lieu thereof,whenever Owner Is a government or district it shall procure and maintain in effect at least$1,000,000 of public liability Insurance covering the acts,damages and expenses _ described in the above indemnification clause. Upon Holy Cross' request,such an Owner shall furnish a Certificate of Insurance verifying the existence of such insurance coverage. S. Owner shall repair, at its expense, any excavation settlement and damage to asphalt paving or other surface improvements caused by such settlement resulting from work performed hereunder within the Property and Adjacent Land for a period of two(2)years beginning on the date backfill and cleanup are completed. 6. Owner,at its expense,shall stop the growth of thistles and/or other noxious weeds in all areas disturbed by excavation performed hereunder for a period of two(2)years beginning on the date backfill and cleanup are completed. 7. In the event Owner shall not promptly complete all of the obligations herelnabove agreed to be performed by Owner, Holy Cross may give written notice by registered or certified mall 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 ail Facilities within the trench installed hereunder shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below finished grade. It shall be the obligation of Owner to properly locate and construct the Facilities within the easement. Should it ever be discovered that such Facilities have not been properly located within dedicated or conveyed and recorded utility easements,or at the proper depth,it shall be the obligation of Owner to provide new easements for the actual location of the Facilities, or to relocate the Facilities within the easement,all of which shall be at the sole cost and expense of • Owner. 9. It shall be Owner's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on the Property are accessible by Holy Cross boom trucks and other necessary equipment and personnel at all times. The use of such access by Holy Cross shall not require removal or alteration of any Improvements,landscaping, or other obstructions. The ground surface grade shall not be altered within ten(10)feet of said splice,switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered(excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not.to hinder complete opening of the equipment doors. The ground surface within ten 00)feet of said transformer and switchgear doors shall be flat,level and free of improvements,landscaping, and other obstructions. Improvements,landscaping and other objects will be kept a minimum of four(4)feet from non- opening sides and-backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations that may occur as soon as notified by Holy Cross. Said corrections will be made at the sole cost and expense of Owner. --- .10. All Holy Cross meter locations must be approved in advance. Notwithstanding such advance approval, It shall be the Owner's responsibility to maintain acceptable access,as determined solely by Holy Cross,to all Holy Cross meters at all times. At any time in the future,should access to any Holy Cross meters be determined by Holy Cross to be unacceptable, then it shall be the Owner's responsibility, at the Owner's sole cost, to correct the access and make it acceptable, as determined solely by Holy Cross. 11. Owner covenants that it is the owner of the above described Property and that said Property is free and clear of encumbrances and liens of any character,except those held by the following: All those of Record. The promises,agreements and representations made by Owner herein shall be covenants that run with the Property and shall be binding upon the successors in Interest,and assigns,of the Property. W/0#21-24099:78-53:Coxy Point Ranch Padmount Farm Collaborative 3/17/21 21.24099LC Page 2 of 3 Revised 4/5/11 • • The Individual signing this Trench,Conduit and Vault Agreement hereby represents that he/she has full power and authority to sign,execute,and deliver this instrument. Holy Cross Energy,a Colorado corporation City of Aspen By: By: Davi Bleakley-Vice President,Engin Mayor STATE OF C14 vo ' COUNTY OF &"dtay �jThe foregoin instrument was acknowledged before me this of �j �/ 20—r/ by —f71A2� O as Mayor of City of Aspen. WITNESS my hand and official seal. My commission expires: /Q�la 3 7 Notary Public �r E ~ Address: 3 ALE ELIZABETH HENNIN Notary PublicState of Coloradootary ID N40151012960 mmission Ex irett03-3t•2023 STATE OF L-OCP p 0 ) COUNTY OF Q QiFltZ,Q ) )ss. The foregoing Instrument was acknowledged before me this day of APO(- , 20_?�t by David Bleakley-Vice President,Engineering Holy Cross Energy,a Colorado corporation. WITNESS my hand and official seal. /' y My commission expires: Notary Public RUSSELL T WIND Address: 7yF4 jg'V1CW 1�Q qWS CO &60,/ E Noury Pubno 81eta of M.11do Notary 10 0 20154000200 MY Commission Expires 03f0512023 W/0#21-24099:78-53:Cozy Point Ranch Padmount Farm Collaborative 3/17/21 2t440991C Page 3 of 3 Revised 4/5/11 Trench,Conduit and Vault Agreement Holy Cross Energy • IIK�M�twRx'IV'4.A'GWrrrlln�.YAc'�i�a t'..-*�.+�:.' ... ,. St '`r = ) � J ,f akc f .. �n`'N MBA.^�Zlkt�+TitM�S.4rp�lntAA>:.i='°'k. +... tb. �. •