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375312 8-764 P-426 10/14/94 10.03A PG 1 OF 3
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER
REC
15.1210
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RESOLUTION NO. -30
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 SHOP, 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:
tit 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 beqalf of the City
of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on thex5day of ~/ ,1994.
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(Name, Title) H 4...o~
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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Kathryn S.
M94.193
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B-764 P-427 10/14/94 10103A PG 2
OF :3
nvLoT ...~ IiL.ECTRlC ASSOCIATION. INC.
UNDERGROUND R1GKT-OFWAY EASEMENT
-e,V Al.L MEN BY THESE PRESENTS, that the undersigned,
CITY OF ASPEN, COLORADO, A MUNICIPAL CORPORATION
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(hereinafter called "Grantor'), for a good and valuable consideration, the receipt whereof is hereby acknowle~ged, does
hereby grant unto HOLY CROSS ELECTRIC ASSOCIATION, INC., a cooperative 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 trantor, situate In the County of Pitkin, State of Colorado, described as
follows:
A tract of land situate In Lots 9, 10, 13, and SW% SW14, Section 12, Township 10 South, Range 85 West ohhe
6th P.M.. known as the Marolt Property, and Lot 5 and NW\4 NW\4, Section 13, Township 10 South, Range 85
West of the 6th P. M.. as more fully described in book 449 at page 582, and book 165 at page 461 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 lIaults, conduit, fixtures and equipment used or
useable In c:onnection therewith, together with associated equipment required abOlle 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 (I 0) 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 attlllched hereto and made II pllrt
hereof by reference. Exhibit B showing as built a ties will be attached ,hereto after c:onstructlon.
EXHIBIT B is recorded at Survey Book' '.i':.>- . Page (,.:.- .
The rights herein granted specifically allow Grantee to ins a a tlonal una erg round ana/or pad.mounted facilities
within the easement described by the attached exhibits. '
_ether with the right to remove any and all trees, brush, lIegetation and obstructions within said easement and the
\ 't to pile spoils outside said easement, as Identified and flagged by Grantee and as approlled by city staff. during
,~ nstruction and maintenance, when such is reasonably necessary for the Implementation and use qf the rights
herelnabolle granted, After the exerc:ise by Grantee of any of its rights hereunder, Grantee shall promptly restore the
surface of the ground to Its former condition, as nearly as is practicable, and shall promptly replace any and all trees,
brush, and vegetation removed or damaged by Grantee.
Grantor agrees that all facilities installed by Grantee on the abolle described lands, shall remain the property of
Grantee, and shall be removable at the option of Grantee. '
Crantee shall notify Grantors in advance of those dates and times Grantee, its employees or agents, shall access the
Easement Premises to undertake any excavations thereon. For planned construction, and as soon as possible following
any access to Easement Premises for emergenc:y purposes.
Grantor COllenants that it is the owner of the above described lands.
The easement granted hereunder shall be perpetual except that It shall automatically terminate shouid Crantee or any
of its succ:essors or assigns violate the terms and conditions contained herein.
""rv OF ASPEN, COLORADO.
\"MUNIC~ALCOR~RA!.!ON ~_-'
By: L i..v ), IP.....-~
Title: 1--\"';'0112-
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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 'o)'!.-r;~ESS WHEREOF, Grantor has caused these presents to be duly executed on this ,/!;;;- day of ' ,
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Approlled as to form
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,- , Attornev or City of Aspen
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bllIlng~\o!I7'lI!l!lry.Llpl
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EXHIBIT A
SEC. 12, T 10 S, R 85 W,
6th P. M.
PITKIN COUNTY,CO.
,CITY OF ASP,EN PROPERTY
BOOK 449 I PAGE 582
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