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HomeMy WebLinkAboutresolution.council.060-96 /""'. RESOLUTION #60 (Series of 1996) A RESOLUTION APPROVING AN EASEMENT AGREEMENT BETWEEN HOLY CROSS ELECTRIC ASSOCIATION AND THE CITY OF ASPEN, COLORADO, FOR BURIED PRIMARY ELECTRIC CABLE, RELATING TO THE POWER LINE AT THE CITY'S WATER PLANT AND AUTHORIZING 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 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 day of October 1996. the 15th ~ I.?~.. .7< Jo S. 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. X 'IF .4 &' ..... /'"'. R }?; ~ft. ,: ~ .... \iib:t;;..:;;,~ :. \ V1'J~~~i\>.'~' ' .. \ "\:,"~';,~...."" . ",,'~~/''%~:\,~'" ~ .. .~ '" '" <,:" ,"i ,~ ._, w,<'?\>:. ,,\\,' ,,\\\\. \;':' 11111111111I1111111111111I111111111111111I1111111111111 408087 09/04/1997 03:29P RESOLUTI DAVIS SILVI 1 of 6 R 31.00 D 0.00 N 0.00 PITKINCO COLORADO HOLY CROSS ELECTRIC ASSOCIATION, INC. . "'J 1111 ;11\ \ .\\ :;~ I' ,I ), I W\ \ \'1 I': .~ I ,. I (,II 'I\{)( II) "1'[":1.,(;";. ('( )1 {lK.\l)ll;\lhP2 1'I~11l (q'i-,~,I'll IIA\I'),I,..IIIIII ,..----.. September 16, 1996 Mr. Phil Overeynder Aspen Water Department 130 South Galena Aspen, Colorado 81611 RE: Underground Power line Relocation At Water Plant Dear Phil: We have completed a design and cost estimate for the above mentioned relocation. OUr facilities will be installed as shown on the attached sketch. Holy Cross Electric estimates that the cost of construction will be as follows: Total estimated cost of underground construction $7.000.00 Holy Cross Electric investment secured by revenues being received from prior phases of the above mentioned development ( 5 OOO.OOl Contribution in aid of underground construction (nonrecoverable) required before starting work on the project $2.000.00 The above figures are only estimates. After the job has been completed, the actual cost of construction will be determined. Holy Cross Electric's actual investment consisting of equivalent overhead credits will be deducted from this total. Your contribution will be adjusted to reflect the actual contribution required by making a refund or further assessment. Execution of this document constitutes agreement to pay any further assessment in atimely manner. Our power facilities must be installed on an easement. Please execute and return the enclosed document. I" The following conditions are hereby noted: 1. Holy Cross Electric has implemented a policy which requires that project owners provideall excavation, backfill, compaction and cleanup needed for installation of the underground power system extension to serve their new development. The owner must also set all vaults and install all conduits as specified by Holy Cross Electric's design for the project and the enclosed construction specifications. Holy Cross Electric will supply all material which can be picked up by the owner at the appropriate storage yard. The cost of this material is included in the job cost estimate. The attached Trench Agreement must be properly executed and returned prior to the start of excavation. When Holy Cross Electric is in receipt of your check in the amount of $2,000.00, all necessary executed easements, other permits, if required, a completed "Request For Load Information" form, the executed trench agreement, and the signed original of this letter agreement (below), the job can be scheduled for construction. If you have any questions, please contact me. Sincerely, 2Y :55 EL7fl~ION' INC. frey . F nke. ~~ Staking Engineer 111111I1111I1111111111111I11111111111111111111111111111 408087 09/04/1997 03:29P RESOLUTI DAVIS SILVI 2 of 6 R 31.00 D 0.00 N 0.00 PITKINCO COLORADO JAF:rjm Enclosure The above terms and conditions :~e~7~~ted Title: t:7 rf-.c Date oJ .7. 1'1'7", ~. WjO#96-15358:90-7S:Aspen Water Plant Line Relocation r,""k.\o"~r.y"d.I'1 HOLY CROSS ELECTRIC ASSOCIATION, INC. UNDERGROUND RIGHT.OF.WAY EASEMENT r'-. KNOW All MEN BY THESE PRESENTS, that the undersigned, CITY OF ASPEN. COLORADO, A MUNICIPAL CORPORATION (hereinafter calted "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 Grant9r, situate in the County of Pitkin, State of Colorado. described as follows; A parcel of land a portion of which is in Lot 6. Section 13, Township 10 South, Range 84 West of the 6th P.M., as more fully described in book 270 at page 21 5 of 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 ten (l0) 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. The rights herein granted specifically allow Grantee to install additional underground and/or pad-mounted facilities within the easement described by the attached exhibit. 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. Grantor agrees that landscaping and other surface improvements made on said easement will be minimized and that any damage caused to said landscaping and improvements by Grantee during exercise of any of its rights granted by this easement shall be repaired by the Grantor at its expense, Grantor agrees that all facilities installed by Grantee on the above described lands, shaJl remain the property of Grantee, and shall be removable at the option of Grantee. ~ , 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 -1 (- day of ,}.A'L , 19....;4... STATE OF / . Int"7oic CITY OF AS,PEN. COLORADO. A MUNICIPAL CORPORATION / / By: /Iv\ l/I"\ /1 ..-..-' -./ I : Title: {/ i:.' (j )'/(f" . i Address; 'II W/O#96-1 5358:90-75:Aspen Water Plant Line Relocation:9-16-96 r'an..\O'v...ynd.ltt r-.. 11111111111I1111111111111I111111111111111I1111111I11111 408087 09/04/1997 03:29P RESOLUTI DAVIS SILVI 3 of 6 R 31.00 D 0.00 N 0.00 PITKINCO COLORADO ...-/ ,-_._.~~--_...._.---_.._,--_.~-----~._-_.. ". ~ ~. - 0 -"'0 !!!!!!>a: _..let: _"'0 -en..l - 0 =~u -:>0 _a:u _OZ =... -..." -...... _::J'" -..10. -0 -enlSl -1&l1Sl =Ct:. _ISI _a. _CIIZ =<'1 =~.(S) _"'ISI _lSIo !!!!!!!,...& -ClIO -C11 -"'ISI !!!!!!!......S -.... _ISI'" ~"""fl') =C11 .-1SICt: Iii"" "".....ca ;. .C5J~ ...... 0 ~ISI -...... ,.._--~-------) Exhibit A 513, nos, R85W Pitkin County EXISTING OVERHEAD POWER LINE '" _:Z" ( '1- 7---'-/ \ \ \ \ \ \ \ \~ \ ~"' 0>< ~ \ '" '" "'~ ~ \ 6; ~ 1;;", \" " 0" ,,"' fl~ '" \2 " \" \ \ \ \ \ \ \ <OJ "">< C~ e'," >ol~ ~ " " V> J>n ~ ~ ~ ~ ~ ro o x ~ 3' :: ~ " ~ ro w o .---/\. --.-- //-- / / I --- / _1- / - / t "'''''' 0",", :E::.r'::<: ",0 "'''''' ,,"0 e'>ole' ~"'"' "" "' " "'" "0 ,,'" ",on '" "OJ "'e' 0"' "" ">ol "'" ~ " "'-.,. /-------------........ m v>x -om --'. o ~ ~ ~ ~... a. --' ...... ~.~ ~<O <0 " . ~--_// -.-.\ m -<x 0:::;-; ...... c ro ~ ......~ M- --'M"...)' 0-3~ .....,('0<..0 ~ ~ <0 ~ ~ o >:co ro ~ -> 0- ro r--> ~.<o ~ -> ro 0 c " 0- ~ , l L-- c:; ~ -> -< "'~ c ro ~.~ ~~ 0-3 ~.ro ~ ~ <0 ~ .., ro -> -~- L__I -j""Of"r1:I: -;0;-->0 o.oO-l'D--' :::11<1'< :<:~ ~6'n,;, "'"'\:::Il'i0 3... ~ roro ~ -> 0. '~. ~'- " ~ ~ ro ~ " ~ ... ro ,~ -< ~ ro ~ ... ;3 ro ~ ~ ~ ~ n ~. cr. ro ~ TRENCH, CONDUIT, AND VAULT AGREEMENT r'\ This agreement is made and entered into this _ day of , 19 _' between CITY OF ASPEN, COLORADO, A MUNICIPAL CORPORATION. whose mailing address is 130 South Galena, Aspen, Colorado 81611, hereinafter called "Owner", and HolyCross Electric As'soclatlon, Inc., whose mailing address' is P. O. Drawer 21 SO, Glenwood Springs, Colorado 81602, a Colorado Corporation, hereafter called "HolyCross". WHEREAS, Holy Cross has been requested by the Owner to pr,ovide underground electric service within an easement traversing certain real property des.cribed as follows: a parcel of land a portion of which is in Lot 6, Section 13, Township' 1 0 South, Range 84 West of the 6th P.M., as more fully described In book 270 at page 215 of the Pitkin County Courthouse, Aspen, Colorado; and WHEREAS, installation of such underground electric service will require trench and other excavations both within and outside of the above described project property; and WHEREAS, the Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup needed to construct the required underground electric facilities. NOW THEREFORE, the Owner and Holy Cross agree as follows: t"""'"\ , 1. The Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary For installation of underground electric service to the above mentioned project. Such excavation shall be located as shown on the construction drawing and performed as specified by Holy Cross. a, All excavation, both within and outside the above described project property, will be within easements dedicated for utility use. The route of excavation to be provided pursuant to this agreement is shown on Exhibit A, attached hereto and made a part hereof by reference. The top of all power facilities, excluding vaults, will be installed 48" below Final grade. b. 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. c. In the event that conduits or any other installat.ion provided by Owner 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 said conduits or other Installation being unusable or improperly constructed. 2. Despite the Fact that Holy Cross reserves the right to specify acceptable excavation, the 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. The Owner shall obtain all necessary digging permits and utility locations prior to excavation, The Owner shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken within five (5) feet of existing underground power lines except under the on site supervision ofa qualified Holy Cross employee. 4. The 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 workperformed hereunder. The Owner shall promptly deFend Holy Cross whenever legal proceedings of any kind are brought against it arising out of work performed hereunder. In the event Owner shall Fail 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. The Owner agrees to satisfy, pay, and discharge any and all judgments and fines rendered against Holy Cross arising out of any such proceedings. 5. The Owner shall repair any excavation settlement and damage to asphalt paving or other surface improvements caused by such settlement resulting from work performed hereunder, both within and outside the above described project property, For a period of two (2) years from the date backfill and cleanup are completed. 6. In the event the Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by Owner, Holy Cross may give written notice by registered or certified mail demanding Owner to complete the work and obligations undertaken by Owner herein, and if such is not completed within 30 days after receipt 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 and collectible from the Owner. In the event that litigation is necessary to collect such obligation, Holy Cross shall be entitled to its reasonable attorney fees and costs of suit. 7. As set Forth in paragraph 1 a above, Owner covenants that the trench, and all facilities within the trench shall be located within dedicated utility easements and at the proper depth below finished grade. It shall be the obligation of the Owner to properly locate and construct the Facilities within the easement. After completion of construction, if it should later be discovered that such facilities have not been properly located within dedicated utility easements, it shall be the obligation of the Owner to provide new easements Fol' 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 the Owner. 8. The Owner covenants that it is the owner of the above described property and that said property is free and clear of encumbrances and lines of any character. except those held by the Following: The promises, agreements and representations made by the Owner herein shall be covenants that run with the land and shall be binding upon the successors in interest, and assigns, of the property hereinabove described. HOLYCROSS ELECTRIC ASSOCIATION. INC. CITY OF ASPEN, COLORADO. A MUNICIPAL CORPORATION r'\ By: Kent Benham, General Manager BY~~-: .Title: '~( .'-e.~' " t" -, Revised 4-2.96 1 5358:90-75:Aspen Water Plant line Relocation:9-16-96 r'an~'\ov'''ynd,I'1 I11111111111111111111111111111111111111111111111111111I 408087 09/04/1997 03:29P RESOLUTI DAVIS SILVI ! of 6 R 31.00 D 0.00 N 0.00 PITKINCO COLORADO '------ (\ STATE OF Glorculo COUNTY OF Pil'kf,j ) )55. ) The ~begOing ins u e t 19 . by . of CITY OF ASPEN. COLO W:TNE5~ my hand andofficjal yeal. Mv commission expires: 7/;-2-/(}() Ie:.. A.v. STATE OF COUNTY OF ) )55. ) r No ary Public Address: 6..5 d'lV' I; (L i-Jd" f!.() fkk . )ft C<lr>fMi5.l,,)'1 e/l,as: 7/2-2-/00 '.. The foregoing instrument was acknowledged before me this _-'--'- day of 19 _. by KENT BENHAM. GENERAL MANACER of HOLY CROSS ELECTRIC ASSOCIATION. INC. WITNESS my hand and official seal. My commission expires: .,-...... ,\,;l{''''f''''',", 11 ri :1 .11; i-ri~.Io.., ~- t;. -_~ f~l fll .,..1 ! ,\ "\ ., ''.- ~ ,..J....,i;~1;i,-f . . ~. 1'" j' f' ~> f i ,.f f''' ,J ;/~ f ~~.~' 15358:90-75:Aspen Water Plant line Relocation:9.16.96 fnnkt\c\le'tynd,ltl t-'" Notary Public Address: " Revised 4.2.96 1111111111111111111111111111111111111111111111111111111 408087 09/04/1997 03:29P0RE0S00~~~~I~~~I~ot~~~~O 6 of 6 R 31.00 D 0.00.N .