The URL can be used to link to this page

Home My WebLink Aboutordinance.council.027-87 ORDINANCE NO. ~ (Series o£ 1987) AN ORDINANCE APPROVING AN UNDERGROUND RIGHT-OF-WAY EASEMENT AGREEMENT BETWEEN CANYON CABLE TV AND THE CITY OF ASPEN, COLO- RADO, PROVIDING FOR THE CONSTRUCTION, REPAIR, MAINTENANCE AND OPERATION OF AN UNDERGROUND TRANSMISSION CABLE OR DISTRIBUTION LINE, OR BOTH, TO BE LOCATED ON THE CITY OWNED "THOMAS PROPERTY", SETTING FORTH THE TERMS AND CONDITIONS FOR THE GRANTING OF SUCH UNDERGROUND EASEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY TO GRANT THE EASEMENT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council an Underground Right-of-Way Easement Agreement between Canyon Cable TV and the City of Aspen providing for the construction, repair, maintenance and operation of an underground transmission cable, or distribution line, or both, to be located on the city-owned "Thomas Property", a copy of which agreement is annexed hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City .of Aspen, Colorado, does hereby approve that Underground Right-of-Way Easement Agreement, a copy of which is annexed hereto and incorporated herein, between Canyon Cable TV and the City of Aspen, Colorado, provid- ing for the construction, repair, maintenance and operation of an underground transmission cable, or distribution line, or both, and does hereby authorize the Mayor to execute said agreement and such other documents approved by the City Attorney as may be necessary to accomplish said easement on behalf of the City of Aspen. Section 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinance. Section 4 A public h~aring on the ordinance shall be held on the /~ day of _~_~-~__, ~987, in City Council Chambers, Aspen City Hall, Aspen~Col~ado INTRODUCED, READ AND ORDERED published as provided by law of the City Council of the City of Aspen on the c~ day of , 1987. William L. Stirl~g, Mayor ATTEST: Kathryn S~och, City Clerk F~ALLY adopted, passed and approved this /~.~/~J day of William L. Stirling, Mayor Kathryn~.' Koch, City Clerk cctv.2 CANYON CABLE TV UNDERGROUND RIGHT-OF-WAY EASEMENT AGREEMENT THIS AGREEMENT,made this /~ day of ~-~ 1987, by and between the City of Aspen, a municipal c~pora~ion (hereinafter referred to as the "City") and Canyon Cable TV (hereinafter referred to as the "Grantee"). WITNES SETH WHEREAS, City is the owner of certain real estate commonly known as the Thomas Property (hereinafter referred to as the "Property", as depicted in Exhibit "A", as annexed hereto and incorporated herein,; and WHEREAS, Grantee is desirous of obtaining a general under- ground right-of-way easement across the Property for the purpose of burying underground cable; and WHEREAS, the City is desirous of granting an underground right-of-way easement across the Property upon the terms and conditions contained herein. NOW THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1) EASEMENT. The City grants to Grantee a underground right- of-way easement fifteen (15) feet in width, being seven and one half (7 1/2) on each side of the centerline of the buried transmission line, for the purpose of burying television and radio cable and related appurtenances, over the Property describ- ed as the Thomas Property in Exhibit "A", as attached hereto and incorporated herein. 2) INSTALLATION. Grantee may construct, reconstruct, repair, change, enlarge, re-phase, operate and maintain an underground right-of-way easement within the Property. 3. VEGETATION. Grantee may remove any and all trees, brush, vegetation and obstructions within the Property when such is reasonably necessary for the implementation and use of the rights hereinabove granted. 4. REPAIR. Grantee shall promptly restore the surface of the Property as nearly as possible to its former condition, as nearly as practicable, and shall promptly replace any and all trees, brush, and vegetation removed or damaged by Grantee. 5. TITLE. City covenants that it is the owner of the Property and that the lands are free and clear of encumbrances and liens which would adversely impact Grantee. 6. FIXTURES. City covenants that all facilities installed by Grantee on the Property shall remain the property of Grantee, and shall be removable at the option of Grantee. 7. RELOCATION. Grantee covenants and fully indemnifies the City of Aspen, including successor owners of the subject property hereto, against any and all costs incurred in the relocation of Grantee's facilities in the event such facilities hinder or preclude improvements or development of subject property. 8. INDEMNITY AND INSURANCE. Grantee shall hold City harmless and indemnify it against any and all claims, liability, loss, expense, damage, suits or causes of action, including all legal fees, for damages arising after the commencement of the term hereof, including any orders, decrees or judgments which may be entered therein for damages or alleged damages resulting from any injury to person or property or from loss of life sustained in or about the above described premises. Grantee shall obtain a general liability insurance policy covering all construction or maintenance on the Property, naming the City as the loss payee, and shall deliver to the City a copy of the policy within ten days of its issuance. Further, any cancellation of the aforement- ioned policy shall be conditioned upon ten (10) days prior written notice to the City. 8. NOTICES. All notices, demands and communications required hereunder shall be served or given to the respective party at its respective address as set forth below or as otherwise designated in the manner set forth herein. Any notice, demand or communicat- ion shall be given by personal service, or by certified mail, return receipt requested, with first class postage pre-paid thereon, and unless sooner, received three (3) days after the date of certification. The addresses of the parties hereto are as follows: City of Aspen City Clerk's Office 130 South Galena Street Aspen, Colorado 81611 Canyon Cable TV 201 Aspen Airport Business Center Aspen, Colorado 81611 8. ASSIGNMENT. This Agreement shall not be assignable in whole or in part, without the written consent of the other party, which consent shall not unreasonably withheld. 9. ATTORNEY'S FEES. Should any party hereunder be required to resort to legal or equitable process for the enforcement of any of the provisions of this Agreement, the prevailing party shall be entitled to collect from the other party all of its reasonable attorney's fees, expenses and costs. Jurisdiction for any legal proceeding shall be the District Court, Pitkin County, Colorado. 10. PRIOR AGREEMENTS. No provisions in the Agreement shall be deemed in any way to alter provisions of the operating permit granted to the Canyon Cable TV by Ordinance 64, Series of 1983. TO HAVE AND TO HOLD, the underground easement and right-of- way, together with all and singular, the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, City has~au~ed these presents to be duly executed on this /~-- day of//~~. , 1987 ATTEST: CITY OF ASPEN, COLORADO Kathryn K~h, ~ity Clerk Bill Stlr~l'ling, May~9~ STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknawledged before me this day o~ ~.~ , 1987, by as /~c~~ and as ~y~_~~2~or City of Aspen, C~lorado. ~ ~ Witness my hand and official seal My commission expires: Notary Public COR. SEC IZ ,TIOS,R85W ~¢. ASPEN GOLF COURSE ~ \ ~_-~ ~~ S41°Z4'E84 ~ EXISTING POLE LOT 2 THE CITY THOMAS PROPERTY SCALE: I": I00' DESCRIPTION A UTILITY EASEMENT SITUATED IN THE NWl/4SWI/4 OF SECTION 12,T10S, R85W OF THE 6TH PM, CITYOF ASPEN,COLORADO. ~/~ EASEMENT IS I~: FEET WIDE LYING 7 '/9- FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING ATA POINT WHENCE THE ~.1/4 CORNER OF SAID SECTION 2 BEARS N22°5:5:58"W 287.18 FT.;THENCE SZSe35'W 76.451~T.~THENCE S45°O4'E :55-:50 FT.~ THENCE S56e59 E 132.05,FT.i THENCE S?8elT'E 10:5.50 ~T.I THENCE S$5°,~8E 14.05 .F,T. ~ THENCE S49e 12 E 80.00 FT. ;THENCE S41~4 E 84.00 FT. TO AN EXISTING POLE THE POINT OF TERMINUS. ALPINE SURVEYS,INC. 414No MILL ST. ASPEN,COLORADO