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RESOLUTION NO. fL Of
Series of 1994
A RESOLUTION APPROVING AN EASEMENT AGREEMENT BETWEEN HOLY
CROSS ELECTRIC ASSOCIATION, INC. AND THE CITY OF ASPEN, COLORADO
FOR BURIED PRIMARY ELECTRIC SERVICE TO THE CITY PARKS
DEPARTMENT OFFICE, RELATING TO THE AERIAL UTILITIES
UNDERGROUNDING IMPROVEMENT DISTRICT NO.2, AND AUTHORIZING
THE MAYOR OR THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an easement agreement
between Holy Cross Electric Association, inc. and the City of Aspen, a true and accurate
copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that easement
agreement between Holy Cross Electric Association, Inc. and the City of Aspen, a copy
of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor
or the City Manager of the City of Aspen 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 thed'S-day Of~ ./,1994.
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, (Name, Title)
I, Kathryn S. Koch, 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 on the day hereinabove stated.
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HOLY CROSS ELECTRIC ASSOCIATION, INC.
UNDERGROUND RIGHT-OF-WAY EASEMENT
eJW ALL MEN BY THESE PRESENTS, that the undersigned,
CITY OF ASPEN, COLORADO, A MUNICIPAL CORPORATION
(hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby grant unto HOLY CROSS ELECTRIC ASSOCIATION, INC., a cooperative corporation whose post office address is
P.O. Drawer 21 50, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and a~signs, 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 on the Golf Course Property, Section 12, Township 12 South, Range 85 West of the 6th P.M.,
as more fully described in book 256 at page 933 in the Pitkin County Courthouse, 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 twenty (20) feet in width for construction purposes and a permanent 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. Exhibit 'B showing as built facilities will be attached hereto after construction.
EXHIBIT B is recorded at Book , Page .
The rights herein granted specifically allow Grantee to Install additional underground and/or pad-mounted facilities
within the easement described by the attached exhibits.
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, as identified and flagged by Grantee and as approved by city staff, during
~onstruction and maintenance, when such is reasonably necessary for the implementation and use of the rights
l1l_reinabove granted. After the exercise by Grantee of any of its rights hereunder, Grantee shall promptly! restore the
\~ ace of the ground to its former condition, as nearly as is practicable, and shall promptly replace any and all trees,
. rush, and vegetation removed or damaged by Grantee.
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.
Grantee shall notify Grantors in advance of those dates and times Grantee, its employees or agents, shal,l access the
easement premises to undertake any excavations thereon for planned construction, and as sOOn as possible following
any access to easement premises for emergency purposes.
Grantor covenants that it is the owner of the above described lands.
The easement granted hereunder shall be perpetual except that it shall automatically terminate should Grantee or any
of its successors or assigns violate the terms and conditions contained herein.
CITY OF ASPEN, COLORADO,
.'" MUNICIPA CORPORATI~
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Title:
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TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges
appertaining thereto, unto Grantee, its successors and assigns, forever. ,
IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this o;JfJ day of ~,
19 91f .
Approved as to form
By: c~-;;&:(/Jt~ f/;1;i14
Attorney For City of Aspen I
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EXHIBIT A
SEC. 12, T 10 S, R 85 W,
6th P.M.
CITY OF ASPEN PROPERTY
PITKIN COUNTY, COLORADO
BOOK 256, PAGE 933
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