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Home My WebLink Aboutresolution.council.053-93 ~-_. - .r~359879 08/11/93 1.0,43 r-'<ec $25.00 BK 720 F'G 903 Silvia Davis Pitkin en Clerk Doc $~OO "I". iq j'.j " 'i\1!I RESOLUTION NO. li'3 (Series' of19~ A RESOLUTION APPROVING AN UNDERGROUND RIGHT-OF-WAY EASEMENT AGREEMENT BETWEEN HOLY CROSS ELECTRIC ASSOCIATION, INC. AND THE CITY OF ASPEN, COLORADO, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an underground right-of-way 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 underground right-of-way easement agreement between Holy Cross and the city of Aspen, a copy of which is annexed hereto and ".' ~'".! incorporated herein, and does hereby authorize the Mayor 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 the ~ day Of/' A ;_ ~ <7; (5~ John . Bennett, Mayor 199j. I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that r.e. fil,Pluti. o.n adopted by the citYAu.?cil of the City of Aspen, <'J~..\L.~~~~~~at a meeting held ~.. ~ ~. ~.....; ,..,,..3 . l [SBA~\ '.I.@., ~ . .'\.:;;!;':.~~::..'i,;}~t~:,~~4.'f/;'f""..~'.i. ,: , ". ,:;}:,>,\j{-r((~~i/ ..~)[' "", f:.(l~t~::.~~~ \ ., ", LOll 'HIl""'" ./ ..::- f., "'"". HOLY CROSS ELECTRIC ASSOCIATION, INC. UNDERGROUND RIGHT-OF-WAY EASEMENT 3-'. &"Al- IJ... ~y ~I,,~ ~(.." .5') :/-i:35987'9 08/11/(":13 1. 0: 43 Rec $25 Q 00 BK 720 PG 904 Silvia Davis, Pitkin Cnty Clerk, Doc ..00 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 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 6th P.M. Aspen, as Colorado. of land situated in Section 12, Said parcel being described as recorded in book 10 at page 33 Township 10 South, Range 85 West Chapman Condominium Subdivision, in the Pitkin County Courthouse, of the City of Aspen, And, to construct, reconstruct, repair, change, enlarge, rephase, operate and maintain an underground electric transmission or distribution line, or both, with ... the underground vaults, conduit, fixtures and equipment required above ground, . ithin the above mentioned lands, upon an easement described as follows: '1, SEE EXHIBIT A Together with the right to remove any and all trees, brush, vegetation and obstructions within said strip of land 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. Upon completion of the under grounding of its equipment and appurtenances in the Ii foresaid easement, and upon reasonable request of the Grantor thereafter, Grantee ''<il! grees to submit to the City Engineer "as built" drawings and plans. Grantee ba'linge\cemetery.uge #359S"?9 OS/l1.19~3 1.0:43 Rec $25.00 BI< 72().PG 905 Silvia Davis, Pitkin Cnty Clerk, Doc $.UU further agrees to remove existing overhead power facilities crossing the above ~:::::n::: :::::::Ya:; ::::ma:os:::e:::::e::e:::~~~~ies are no longer needed and to 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 Company 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 cancelled 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.1I 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 ~.and economically practicable alternative but to require the relocation ~ ~. 2 reasonable of Grantee's ballinge\cemetery.uge #~~98~n r8/11/ . . "-~' (, -' . 93 lu: 43 Rec $25.. 00 SK 720 PG 906 Silvia Davis, Pitkin Cnty Cle~k, Doc $.00 electrical equipment and facilities, Grantee agrees, at its own expense, to relocate .i." aid facilities to permit the City '~, system and utilities as aforesaid. to install, relocate and move such streets, water In the event that there is a reasonable and economically practicable alternative, Grantee agrees that its equipment, facilities and appurtenances shall be relocated with the consent of Grantee, which consent shall not be unreasonably withheld, upon payment of all costs of such relocation and receipt of an acceptable replacement easement. 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. IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this 24' day of V~ 1993 _ ~'l " " CITY OF ASPEN, COLORADO A MUNICIPAL CORPORATION By: ~ 5. 1'5~' 1'--'( A. '\Dl~ Title: ATTEST: ~ ~~ ~ Jd -e~ Title: ~ CLE~.1<~ ./ STATE OF COLORADO) COUNTY OF PITKIN) )ss_ " / this as as :)r;,tt day; I of .~ The foreg 19~, by ent~ acknoW\edged before me ~.it. /0#93-l256l:90-l2:Cemetery Lane UG:bb7-8-93 ~ ,Jal11nge\cemetery.uge Q ',," ,,'I J' ;\\1 ,eJiJ JI ~~ ~ ". ~ ". v? :r \ 1 fJ n . : J c;' : .. - .."...",,' 3 ...~. ''<.. 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