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Home My WebLink Aboutresolution.council.029-98 ,~ RESOLUTION NO.4- (Series of 1998) . . A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING AN EASEMENT AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND HOLY CROSS ELECTRIC ASSOCIATION, 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 electric utility easement for a new underground power line on the City owned Burlingame Ranch Property between the City of Aspen, Colorado, and Holy Cross Electric Association a copy of which Agreement is annexed hereto and made a part thereof. WHEREAS, the Holy Cross Electric Association will relocate the line if deemed necessary by the City at no cost to the City and will pay for all necessary professional surveys, prepare necessary easement descriptions and plats, and record the same. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: ;.~ Section One That the City Council of the City of Aspen hereby approves that Utility Easement Agreement between the City of Aspen, Colorado, and Holy Cross Electric Association a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said agreement on behalf of the City of Aspen. Dated: ~d9'9 ,1998. t)- . LJ~ John 1- Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy 0 at resolution adopted by the City Council of the City of Aspen, Colorado, at a mee~ngheld' . /.3 , 1998. c.,-( QI' AS - ,,' ~ .........".~ ..' (;. ".' . ,; '. 1, <- ;' '("~S~\~\'\{\" ..... ; '~fS'E\A L ; ~ .' . '. ~ Who#- Kathryn S. K ,City Clerk r' \.. (...l.,......;.:~ . "", v 0&"," ,- ~<'.\.......' , \1\\"" ,"'fifHtt.~~ '.~ "'y.'v,,,,. '."'. " '-(',". .,."" 11111111111111111111I11111111111I11111111I11111 11111111 416848 ~e/14/1998 09:e8A RESOLUTI DAVIS SILVI 1 0' 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CO . -----,...-~._--~---,-,----"._-------~'---_._,._--_._-- RES98-04 HOLY CROSS ELECTRIC ASSOCIATION, INC. 3799 HIGHWAY 82 P,O. DRAWER 2150 ".-.LENWOOD SPRINGS, COLORADO 81602 ,," \ (970) 945.5491 (FAX) 945A081 April 3, 1998 Dear Nick: ~'~;'::/:" ~,':i;:r~;:t~~;. 5('\.".-.',,>. j";','f-, City of Aspen Nick Adel 130 South Galena Street Aspen, Colorado 8161 r:1975 RE: Electrical undergrol.!l'lcf~Easement ". ' ;:',<;"..i><.;: Reference i~r:1.lqe'.{OcY(lur.9uestiOl'\afthe utility meeting on April 2, 1998, regarding the use of ColoradooePilr1:ment q~lT~hs(:lol'fllti()1'\ right-of-ways fQr, power line construction. Holy Cross Electric wl(t'ri ~ powe~,taQlitfe5?11 COOT highway right-af-ways if there is useable private land avair~le'n.i/';;';;;i\i'(;j ., " " ;;'0,:~:,/{;J;rL,Y:4:";;~t~:~!~~~r;;S~2~~~~'\~;s;;- .. ':" - .. . ". . This conStrl1l:t., practitEires'ufts ftom the fact that.powerJacilitiesplaced on COOT right-of- ways must,be' relocated at Holy Cross Electric's expen,se if changes a,re made to the highway. If power lines are located on private easements adjacent to. highways when changes to the highway mak.e'relocation necessai'y, COOT pays therelocatio/T.expense. When useableprivate ~ land is avaiiaole;'Holy Cross Electric feels the possibilit\4oHncilrringfuture relocation costs by using CD()-T rlght-of-waysinstead, would be a poq(bUsineSsdetlsion. .,.. .'" ',,;,.'"?:"':'.": ," ..... ,",,:.:. ."'.:~':;,-i:.:,:;.'~":'::. ',,': . ':-",. ..~.x:~::":~':;.', ..": '".>".:,:' . . Enclosedisth~ e;aserrieriit~atBcifyCross Electric:rre~d'~};!ixecu@by the City()f Aspen f0r undergroUlidi~gtheexrstirrg:oiiei'ltead line from:thg:O,^,,:Creiit(Road intersection with Highway 82 to the Buttermiik SkiArea:lf'the properly executed dQctiment is received pdorto our beginning construction on replacing the line, it wilfbEi p!aced underground. In absence of an underground easement. we will have no alternative to rebuiiding the ov~rhead its current alignment across <;:tty"(:lroperty. . .. .... . . ..<. . ..i'lJi';};' ;,' ".:,,;.:,;:\::':,"" "":"'~!, . ,", ,:,:::,,:\,:;;.,:},;,;,>; Please contact;me~ at 947-5415 when you are ready to,distuss this:nfatter. ' e,".:. '.:::::,,;'<:~~~~l:ffY/:'\I~~lVc Sincerely,",,' HOLY CROSS ELECTRIC ASSOCIATION, INC.';\~f:;~: f ,;:;:;:iji:~: ~ ..v )1;: Bob Ballinger, Right of Way Technician BB:rjm Enclosure f' WjO#98-14588:90-49:Buttermiik Base 500 Feeder Line BaUinge\cityofaspen.uge 11111111111111111111I11111111111I11111111I1111111111111 416848 0!/14/1998 09:!8A RESOLUTI DAVIS)SILVI 2 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CO Ut~~ 1I1Il1I1I11 111111 III 1111Il 111111111 1111111I1 1111 8 0$/14/1998 09,e8A RESOLUTI DAVIS SILVI 3 ~O~_4_R 21.00 D 0.00 N 0.00 PITKIN COUNTY CO ~. HOLY CROSS ELECTRIC ASSOCIATION, INC. UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, THE CITY OF ASPEN, COLORADO, A COLORADO 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 calied "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: Lots 1, 7, 8, 9, 10, 16, 17, 18, 19, 20, and 21, Section 3, Township 10 South, Range 85 West of the 5ixth P.M. as more fully described in reception #400960, 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 fifteen (15) 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 ~ to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for rnplementatlon and use of the rights hereinabove granted. Grantor agrees that landscaping and other surface .ovements 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, shall 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. REOE, Grantor has caused these presen,~ to be duly executed on this c:2'j day of ,19~. STATE OF G?I-O~ ~ )ss. COUNTY OF '1' r\{<:-11.....l. ) The ~golng instrunJe!1t was acknowledged before me this :;2.q+n day of ~h I ~,by I'<M~ M.Af't'1r<o">~lM as .:q~ \!.{Aj,,)~SJe-. ( \. of THE CITY OF A5PEN, COLORADO,A COLORADO MUilJlCIPAL CORPORATlbN. WITNESS my hand and official seal. ' My commission expires: Title: Notary Public Address: o r- --...0 ->() -... -..>- ~CI)~ _ Z -III~ =....0 ->() _a: _az - .. ==....~ -...... _::I'" iiiiS8. _III'" _Ill'" =a:.si ~a: _...z, 1/1 ' iiiii u Q _0>'" _151' -'" =... -o>a --~Q ~......61 -.... -.... ~......('II -1/1 iiiiiisa:: -...... =... -...... -"'0 -.. ==.... ( , " -~--- " "- "- \ \ \ \ NEW UNDERGROUND~\\ POWERllNE CIIY OF ASPEN PROPERlY \ - / ,EXISTING OVERHEAD POWERUNE TO BE REMOVED STAPLETON PROPERlY L3 3 2 10 11 EXHIBIT A SEC. J, nos, R85W, orTHE&lh P,Il, PITKIN COUNTY aurrERldltKElASESOOFEEOER t..ECENO EXISTING PROF'OSEO. -lMJIfID.~" 1O!I(IPCMll ',--IlMt:O\lUGlllllHl OWG. NAME ",\BO'6\ HS88A,dwg MAP NO. I' _'to-.. W/O NO. W 014568 , HOLY CROSS ELECTRIC ASSOCIATION, INC. .01.II:NWOOD S,,"I"INClS, COLO"MO COLORADO 34 EAGLe:. O,.APHICS ot~A"TMENT :;";;",,'