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Home My WebLink Aboutresolution.council.077-95 tif.._....'.. I';; \1.\ A..It.... Iii \y <;- . 1*'.' '\',..... " \Z" " RESOLUTION #77 (Series of 1995) A RESOLUTION APPROVING AN OVERHEAD RlGHT-OF-WAY EASEMENT BETWEEN HOLY CROSS ELECTRlC ASSOCIATION, AND THE CITY OF ASPEN, COLORADO, FOR RELOCATION TWO POLES AND AERlAL WIRES AND AUTHORlZING 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 overhead right-of-way easement agreement between Holy Cross Electric Association 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 Association and the City of Aspen, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager 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 _ day of November 1995. ~~ {>~v.A JohrfS. Bennett, Mayor 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. a '~~'- "e' if,.. V\",.. - --~ HOLY CROSS ELECTRIC ASSOCIATION, INC. OVERHEAD RIGHT-Of-WAY EASEMENT KNOW 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 SO, 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 on the Golf Course Property; Section 12, Township 10 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, rephase, operate and maintain an overhead electric transmission or distribution line, or both, within the above mentioned lands, upon an easement described as follows: An easement thirty (30) feet in width, the centerline for said easement being an overhead 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. Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement when such is reasonably necessary for the implementation and use of the rights hereinabove granted. After the exercise 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 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, shall access the Easement Premises to undertake any excavation thereon, for planned construction, and as soon as pOSSible following any access to Easement Premises for emergency .a lIt.. purposes requiring excavation. frank<e\marooncr.ohe a '. -- .;ir iN r.', \< _ _n Grantee shall indemnify and save harmless the Grantor, its officers, employees and agents against any and all claims for damages to property or injuries to or death of any person or persons, from any and all claims, costs, demands, suits, actions or proceedings of any kind or nature resulting from or arising out of Grantee's installation and operations in connection with its use of this easement, including operations of subcontractors and acts or omissions of employees or agents of Grantee wherein the transactions or events causing the damage, injury, or death involve no fault of Grantor. If there is no judgment against the Grantor as a result of an action for damages to property or injury or death to persons that may arise out of the use of the easement for construction, installation, maintenance, presence, operation, service, repair or removal of the Grantee's utility facilities, the Grantee shall reimburse all costs, expenses, and attorney's fees incurred by the Grantor in defending the action, except that the Grantee shall not be liable for such costs, expenses, and attorney's fees in the event the Grantee shall also have no liability arising out of such incident or transaction which resulted in the bringing of the action for damages against the Grantor. In addition, Grantee agrees that it will maintain throughout its use of the easements herein, liability insurance insuring the Grantor and Grantee with regard to all damages mentioned hereinabove, in the minimum amount of not less than the limits of liability set forth in Section 24- 10-114, Colorado Revised Statutes, as it may be amended from time to time. All such insurance policies contain an endorsement substantially in the following form: "It is hereby understood and agreed that this insurance policy may not be canceled by the surety nor the intention not to renew be stated by the surety until thirty (30) days after receipt by City, by registered mail or a written notice of such intention to cancel or not to renew." In the event due to the necessary relocation of any of the City of Aspen's streets, water system and appurtenances, or other utilities owned or operated by the City of Aspen within the easement granted herein for which there is no alternative but to require the relocation of Grantee's electrical equipment and facilities, Grantee agrees to relocate said facilities to permit the City to install, relocate and move such streets, water system and utilities as aforesaid. In the event that there is a reasonable and economically practicable alternative, Grantee agrees that its equipment, facilities ((It and appurtenances shall be relocated with the consent of Grantee, which consent shall not be franke\maroonc~ohe unreasonably withheld, upon payment of all costs of such relocation and receipt of an acceptable ~_.. ,\~ . II;~., " replacement easement. Grantor believes that it may be the owner of the above described lands and grants this easement if it is the actual owner. 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 WITNESS WHEREOf, Grantor has caused these presents to be duly executed on this dayof b~ ,199Y. . ~ CITY Of ASPEN, COLORADO A MUNICIPAL CORPORATION By: ~,,1-. rj~- Title: MA"yof2- i.ei' ATTEST.: v; '\ Title: Approved as to form By: ~/~ Iz4/~ orney for City of Aspen STATE Of COLORADO) )ss. COUNTY Of PITKIN ) The foregoing instrument was acknowledged before me this S'+rJ day of Du..a.mbu- , 19 cfS- ,by, /Drm t5erJlJeH- : ~:;;'!J&iL '"' ~"t" ~~ ..'..It..... W/O#9S-14741 :90-38:Maroon Creek Pedestrian Bridge:11-13-9S /)'1r1 L /) (lIlA" L. I~ "1 j~'J1P/I" UG L- O--t:VL-DetlOL !i( franke\marooncr.ohe A,....o . . '\ Notar, Publlc . My commission expires: /A/?J7/Y; f.,') . CltlM1ti ,j; eJ;{//v// Address' e - .~. -- EXHIBIT A GOLF COURSE PROPERTY CITY OF ASPEN S 11, T 10 S, R 85 W of the 6th P.M ASPEN ,COLORADO EXISTING HOLY CROSS ELECTRIC OVERHEAD POWER LINE TO BE REMOVED ;!" o\~r:, ",c . f.1-"'~t. c.a....~....'i."I>~ ." N" COURT' .~~---, ~ "(STAURANT ~s,,~ O[c/'; '1 NS6D~6'IJ"W. 2 "S:;'29"E,S6BS' "lTo '~110l> =: "~ - - 1iQ.,,2.... - \ S:;7QOS'23" "-l( K .)<- ,( " I ~I' eIlIIlSING! 11~20 qS'JO"E. 13B.3? S F.BoS9'078t -- -~~~': ,.".......... , , N , , , GOLF COURSE NEW HOLY CROSS ELECTRIC OVERHEAD POWER LINE -------- , , , , ", , I I I I '" , , ---1__- - - A 6L 39' , , , , , , E1 " hRAILFENCE "Al'lIONG 1 r,;;;'cP~m)' j;\ . BflC~$TOP I'LAT FlEL.D rOOTaALL BASEBALL SOCCER EiC. RRAILFENCE d h ( -~ ~ u g ~ 1 .1 \ ~ \ HIGHWAY m~ ,:;;,,;;.;;;,~;.;;;, -t... ~ m:; " MAROON CREEK BRIDGE .~ ," , ~~~3,\f~~~"l:cl#~~"Y.~~:": IL H60051'W - COLORADO [ . . '0 ". "