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HomeMy WebLinkAboutordinance.council.044-89 ORDINANCE NO. , -'~: ....... "~ (Series of 1989) ~ ,:: AN O~DINANCE APP~OVIN$ THREE (~) UNDEaSaO~D aIGHT-{~I:I~AY EASE- MENT AGREEMENTS BETWEEN HO~Y C~OSS E~ECTRIC ASSOCIATION~ INC. A_N'D THE CITY OF ASPEN~ COLL)RADO~ P~OVIDIN$ FOR THE CONSTROCT~ON~ ~EPAI~ MAINTENANCE AND OPEI:~Z~TION OF UNDERGROUND E~ECT~IC TRANS- MISSION O~ D~ST~IBUTION ~INES~ O~ BOTH~ ONE OF WHICH ~I~ BE ~OCATED ON THE C~TY-OI4q~IED "G~O~Y HO~E PA~" AND T~O OF ~HICH ~I~ BE ~OCATED ON THE CITY-OWNED "KOCH ~UMBE~ SUBDIVISION EXEMPT~ON"~ SETTIN$ FORTH THE TEI~IS AND CONDITIONS FO~ THE SRANTIN$ OF S~CH UNDER$~OUND EASE~ENTS~ AND AOTHO~IZ~N$ TNE Fa%YO~ TO EXECUTE SA~D A$~EE~ENTS AND A~ OTHE~ DOCUMENTS NECESSARY TO $1~NT SAID EASE- MENTS ON BEHALF OF THE CITY OF ASPEN WHEREAS, there have been submitted to the City Council three Underground Right-of-Way Easement Agreements between Holy Cross Electric Association, Inc. and the City of Aspen providing for the construction, repair, maintenance and operation of under- ground electric transmission or distribution lines, or both, one of which will be located on the City-owned "Glory Hole Park", a copy of which agreement is attached hereto and made a part hereof as Exhibit A", and two of which will be located on the City-owned "Koch Lumber Subdivision Exemption", a copy of which agreements are attached hereto and made a part hereof as Exhibits "B" and IICII . 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 does hereby approve the attached Underground Right-of-Way Easement Agree- ments, copies of which are attached hereto and incorporated herein as Exhibits "A", "B" and "C", between Holy Cross Electric Association, Inc. and the City of Aspen providing for the con- struction, repair, maintenance, and operation of underground electric transmission or distribution lines, or both, and does hereby authorize the Mayor to execute said agreements and such other documents approved by the City Attorney as may be necessary to grant said easements 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 ordinances. Section 4 A public hearing on the ordinance shall be held on the ~/9~-y ~~ , 1989, in the City Council day of Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the /~-~ day of  , 1989. J '~~ ~ Pro Tom M~Qh~a~Q~as~a~,(~ y A: MTTEST: -'.. % · K&_thryn.i~// KOch, City Clerk FINALLY adopted, passed and approved this . day of _~~ ,1989. [a}sS~:~ Ko'ch, City Clerk .~~..~.- HOLY CROSS ELECTRIC ASSOCIATION, INC. UNDERGROUND RIGHT-OF-WAY EASEMENT (GLORY HOLE PARK) 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 tract of land situated in Section 18, Township 10 South, Range 84 West of the 6th P.M., as more fully described in Book 215, Page 2 in the Pitkin County Courthouse, Aspen, Colorado. And, to construct, reconstruct, repair, change, enlarge, rephase, operate and maintain an underground electric transmis- sion or distribution line, or both, with the underground vaults, conduit, fixtures and equipment required above ground, within the above-mentioned lands, upon an easement described as follows: SEE EXHIBIT A, ATTACHED 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 undergrounding of its equipment and appurtenances in the aforesaid easement, and upon reasonable request of the Grantor thereafter, Grantee agrees to submit to the City Engineer "as built" drawings and plans and to vacate and abandon any claim to those rights-of-way and easements currently used for overhead transmissions on the above-referenced property as soon as said overhead facilities are no longer needed to provide electric service, and remove same at Grantee's expense. EXHIBIT A 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. By acceptance of this easement and installation of utility or electrical appurtenances pursuant hereto, Grantee agrees that it will pay all reasonable expenses incurred by the City in defend- ing itself with respect to all damages and penalties mentioned hereinabove, such expenses to include all out-of-pocket expenses including attorney's fees. In addition, Grantee agrees that it will maintain throughout its use of the easements herein, lia- bility 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 sub- stantially 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." 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 reasonable and economically practicable alternative but to require the reloca- tion of Grantee's electrical equipment and facilities, Grantee agrees, at its own expense, 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 reason- able and economically practicable alternative, Grantee agrees that its equipment, facilities and appurtenances shall be relo- cated with the consent of Grantee, which consent shall not be unreasonably withheld, upon payment of all costs of such reloca- tion. 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: Grantee, its successors and assigns, further agree that in the event Grantor acquires, by condemnation or purchase, Gran- - 2 tee's electrical services and facilities serviced by the afore- mentioned easement, that all rights granted herein to Grantee, its successors and assigns, shall revert to City for no con- sideration. 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 /~/~day of ~ , 1989. CITY OF ASPEN, COLORADO A Municipal Corporation ~illiam L. Stirl~ng, May6r Ka h~.~k~ff koch, city Clerk - STATE 07 COLORADO ) SS. County of Pitkin ) ~2 The forego~g instrument was acknowledged before me this / day of ~/~L~ , 1989, by William L. Stirling, as M-~o~, and Kathryn~S. Koch, as City Clerk, of the City of Aspen, Colorado. Address 3 HOLY CROSS ELECTRIC ASSOCIATION, INC. UNDERGROUND RIGHT-OF-WAY EASEMENT (KOCH LUMBER SUBDIVISION EXCEPTION) 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 of land situated in Section 12, Township 10 South, Range 84 West of the 6th P.M., as more fully described in Book 500, Pages 386 and 906, of the Pitkin County Courthouse, Aspen, Colorado. And, to construct, reconstruct, repair, change, enlarge, rephase, operate and maintain an underground electric transmis- sion or distribution line, or both, with the underground vaults, conduit, fixtures and equipment required above ground, within the - above-mentioned lands, upon an easement described as follows: SEE EXHIBIT A, ATTACHED 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 undergrounding of its equipment and appurtenances in the aforesaid easement, and upon reasonable request of the Grantor thereafter, Grantee agrees to submit to the City Engineer "as built" drawings and plans and to vacate and abandon any claim to those rights-of-way and easements currently used for overhead transmissions on the above-referenced property as soon as said overhead facilities are no longer needed to provide electric service, and remove same at Grantee's expense. EXHIBIT B 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. By acceptance of this easement and installation of utility or electrical appurtenances pursuant hereto, Grantee agrees that it will pay all reasonable expenses incurred by the City in defend- ing itself with respect to all damages and penalties mentioned hereinabove, such expenses to include all out-of-pocket expenses including attorney's fees. In addition, Grantee agrees that it will maintain throughout its use of the easements herein, lia- bility 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 sub- stantially 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." 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 reasonable and economically practicable alternative but to require the reloca- tion of Grantee's electrical equipment and facilities, Grantee agrees, at its own expense, 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 reason- able and economically practicable alternative, Grantee agrees that its equipment, facilities and appurtenances shall be relo- cated with the consent of Grantee, which consent shall not be unreasonably withheld, upon payment of all costs of such reloca- tion. 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: Grantee, its successors and assigns, further agree that in the event Grantor acquires, by condemnation or purchase, Gran- 2 tee's electrical services and facilities serviced by the afore- mentioned easement, that all rights granted herein to Grantee, its successors and assigns, shall revert to City for no con- sideration. 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 ~e presents to be duly executed on this /~/ day of~ , 1989. CITY OF ASPEN, COLORADO A Municipal Corporation ,,,,,~ ~ ~r 4 $,~ "% B ..,"' t> ' o~%.. William L. stirring, Mayo~ STATE OF COLORADO ) ) ss. County of Pitkin ) The foreg~ng instrument was acknowledged before me this ~/ day of ~ , 1989, by William L. Stirling, as M--~o~, and Kathry~ S. Koch, as City Clerk, of the City of Aspen, Colorado. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: I~00mmi~m~~ N~a~ Addre~ HOLY CROSS ELECTRIC ASSOCIATION, INC. UNDERGROUND RIGHT-OF-WAY EASEMENT (KOCH LUMBER SUBDIVISION EXCEPTION) 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 of land situated in Section 12, Township 10 South, Range 84 West of the 6th P.M., as more fully described in Book 500, Pages 386 and 906, of the Pitkin County Courthouse, Aspen, Colorado. And, to construct, reconstruct, repair, change, enlarge, rephase, operate and maintain an underground electric transmis- sion or distribution line, or both, with the underground vaults, conduit, fixtures and equipment required above ground, within the above-mentioned lands, upon an easement described as follows: SEE EXHIBIT A, ATTACHED 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 undergrounding of its equipment and appurtenances in the aforesaid easement, and upon reasonable request of the Grantor thereafter, Grantee agrees to submit to the City Engineer "as built" drawings and plans and to vacate and abandon any claim to those rights-of-way and easements currently used for overhead transmissions on the above-referenced property as soon as said overhead facilities are no longer needed to provide electric service, and remove same at Grantee's expense. EXHIBIT C 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. By acceptance of this easement and installation of utility or electrical appurtenances pursuant hereto, Grantee agrees that it will pay all reasonable expenses incurred by the City in defend- ing itself with respect to all damages and penalties mentioned hereinabove, such expenses to include all out-of-pocket expenses including attorney's fees. In addition, Grantee agrees that it will maintain throughout its use of the easements herein, lia- bility 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 sub- stantially 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." 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 reasonable and economically practicable alternative but to require the reloca- tion of Grantee's electrical equipment and facilities, Grantee agrees, at its own expense, 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 reason- able and economically practicable alternative, Grantee agrees that its equipment, facilities and appurtenances shall be relo- cated with the consent of Grantee, which consent shall not be unreasonably withheld, upon payment of all costs of such reloca- tion. 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: Grantee, its successors and assigns, further agree that in the event Grantor acquires, by condemnation or purchase, Gran- tee's electrical services and facilities serviced by the afore- mentioned easement, that all rights granted herein to Grantee, its successors and assigns, shall revert to City for no con- sideration. 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 c~used these presents to be duly executed on this /4 day of~ , 1989. CITY OF ASPEN, COLORADO A Municipal Corporation William L. Stirling, Mayer STATE OF COLORADO ) ) ss. County of Pitkin ) The foregg~ng instrument was acknowledged before me this ~/ day of ~ , 1989, by William L. Stirling, as Mayor, and Kathr~ S. Koch, as City Clerk, of the City of Aspen, Colorado. -' WITNESS MY HAND AND OFFICIAL SEAL. · My commission expires: ~~~~ ::,." : ,,,,,,,:~ ,, Pub' ic - Address 3 EXHIBIT A KOCH LUMBER SUBDIVISION EXCEPTION ELECTRIC EASEMENT COOPER AVENUE S75° 09' II"E 270.00' LOT 2 LOT I 0 20 40 80 lO0 SCALE I" = 40' DESCRIPTION AN ELECTRIC EASEMENT SITUATED IN LOT I, KOCH LUMBER SUBDIVISION EXCEPTION, CITY OF ASPEN~ COLORADO AND BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT I; (~) THENCE N 14°50'49"E 20.66FT. ALONG THE EASTERLY ~', BOUNDARY OF SAID LOT I TO THE BEGINNING POINT OF EASEMENT DESCRIPTION; THENCE NI4°50'49"E 14.?7FT. ALONG THE EASTERLY BOUNDARY; THENCE N75°og'II"W 14.27FT.; THENCE S 14°50'49"W 14. Z7 FT.; THENCE S75°09'11"E 14.27FT. TOTHE ENDING POINTOF EASEMENT DESCRIPTION; SAID EASEMENT CONTAINS 20:~.63 SQ. FT. MOREOR LESS PREPARED IN PART BY: HOLY CROSS ELECTRIC ASSN.,INC, W/O 89-115:58 (90-12) CITY OF ASPEN' 2ND SOURCE KOCH LUMBER SUBDIVISION EXCEPTION ELECTRIC EASEMENT EXHIBIT A COOPER AVENUE S ?5° 09' I1" [ ??O'00 LOT 2 LOT 1 0 ~0 40 100 SCALE: I"= 40' DESCRIPTION AN ELECTR C EASEMENT SITUATED IN LOT I. KOCH LUM~ER SUBDIVISION EXCEPTION,CITY OF ASPEN tCOLORADO AND BEING MORE FULLY DESCRIBED AS FOLLOW~: BEGINNING AT THE SOU~EASTERLY CORNER ~ SAIO LOT I, ~ ~THENCE N 42~7'42"W 16.96 FT. ALONG THE SOUTHERLY ~-~ BOUNDARY LIN~ ~F ~AID LOT I; T.~.c~. ~4~s0,4~,'~ ~.So [~'+0 ~.~ ~aS;~R:~ ~ENCE S75 ~ ~ [ ~4.Z7 LINE ~ ~ID L~I NCE Sl4*50 49 W 20-66 ~ ALONG SAID E~TERLY )~ LINE TO THE ~INT OF BEGINNING C~TAINING 2Z9 SQUARE FEET MORE ~ LESS. PREPARED BY: ALPINE SURVEYS, INC. BOX 17"50 ASPEN,CO. 81617. GLORY HOLE PARK /- '~,_~ / CLARENDON 0 I0 20 40 60 SCALE: I"= 201 DESCRIPTION AN EASEMENT SITUATED IN THE NWl/4 OF SEC. T.I.O S.~ R. 84 W. OF THE 6TH RM. CITY OF ASPEN~¢O. AND BEING MORE FULLY DESCRIBED A:; FOLLOWS: BEGINNING ATA POINT ON THE NORTHERLY R.O.W. LINE OF UTE AVE. WH~ICE CORNER No.I ASPEN TOWNSITE BEARS S28°28'$1 E 850.90 ~. , , THENCE ALONG SAID R,O.W. LINE N37°47 34 W I1'00 THENCE DEPARTING SAID R.O.W. LINE N52~I?.'?-6"E 6.0 THENCE S37°47'$4"E I1-0,0'; THENCE S5Z~'12' ?-61'W 6'0 3"0 THE POINTOF BEGINNING. PREPAREr~ BY; ALPINE ,~'JRVEYS ~ INC. P.O. BOX i750 ASPEN,COLORADO 81612 ~05.925.2688 88-71-2