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HomeMy WebLinkAboutordinance.council.003-56ORDINANCE NO. 3 (Series of 1956) AN ORDINANCE GRANTING TO HOLY CROSS ELECTRIC ASSOCIATION, INC., ITS SUCCESSORS AND ASSIGNS, CERTAIN RIGHTS OF WAY IN THE CITY OF ASPEN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN: SECTION 1' That.there is hereby mra~n~nto HOLY CROSS ELECTRIC ASSOCIATION, IN¢. a way to oca e, const ct, maintain and operate an electric transmission line through and across those portions of the Townsite and City of Aspen, Pitkin County, State of Colorado, described as follows: First Right of Way Ail the existing rights of way for the electric transmission line as now constructed and in use, to-wit: Beginning at the intersection of said existing power line with Line 7-8 of said Aspen Townsite and approximately situated in the alley of Block 32, said Aspen Townsite; thence Southeasterly across the remaining portion of said Block 32, across South 4th Street, across the Southerly half of Block 39, Aspen Townsite, across South 3rd Street, across a portion of West Hyman Avenue, across Block 47, said Aspen Townsite, and across a portion of South 2nd Street and intersecting Line 7-8 of said Aspen Townsite at the terminus of South 2nd Street. Beginning at the intersection of said existing power line with Line 7-8 of said Aspen Townsite and approximately located on the Northerly side of Dean Avenue immediately Southerly of Block 84, said Aspen Townsite; thence Southeasterly along the Northerly side of Dean Avenue, across South Mill Street, along the Southerly Line of Block 91, across South Galena Street, along the Southerly line of the approximate Westerly two-thirds of Block 97, said Aspen Townsite; thence Southeasterly across a portion of said Dean Avenue and across South Hunter Street to the Northwest corner of the Southerly half of Block 102, said Aspen Townsite; thence Southeasterly across the Southerly half of Block 102 to a point of intersection of the Southerly line of the Southerly half of Block 102 with the Southwesterly line of Ute Avenue; thence along the Southwesterly line of Ute Avenue, South- easterly to the intersection with Line 1-2, said Aspen townsite. Beginning at the intersection of the Southwesterly line of Ute Avenue with the Easterly line of West End Street pro- duced Southerly; thence Northerly across Ute Avenue, across Block 121, Ute Addition to the Town of Aspen, across Waters Avenue, along the Westerly line of Block 119, Aspen Townsite, across Durant Avenue, along the Westerly line of Block 118, Aspen Townsite, across East Cooper Avenue, along the Westerly line of Block 117, Aspen Townsite, along the Westerly line of Block 35, East Aspen Addition, across E'~st Hyman Street, along the westerly lime of Block 32~ East Aspen Addition, across East Hopkins Avenue, and continuing on said line projected, to the Northerly bank of the Roaring Fork River. Second Right of Way A right of way to construct, maintain, and operate an electric transmission line described as follows, to-wit: Beginning at the intersection of the Easterly Bank of the Roaring Fork River with the Northerly line, pro- duced Easterly of the alley through Block 34 of the East Aspen Addition; thence Westerly along the Northerly line of the alley through Block 34, across Cleveland Street, along the Northerly line of the alley through Block 35, East Aspen Additbn, and projected Westerly along said line to intersection with the existing transmission line here- inabove described. SECTION 2; The width of said right of way hereby granted shall n~exceed the area necessary for the uses and purposes of said right of way as herein defined; provided, however, poles, lines, guy-wires and other construction features shall not be located in such a manner as to obstruct the free movement of persons or vehicles except as may be required for reasonable and necessary construction, maintenance and repair. SECTION 3: The right of way hereby granted shall be subject to all police regulations and restrictions of the Ordinances of the City of Aspen now in force or which may hereafter be adopted. SECTION 4: The said right of way herein provided shall, in all parts, terminate, in the event the Holy Cross Electric Associa- tion, Inc., its successors or assignees, shall cease to use said right of way for the uses and purposes herein defined, and in the event only a part of said right of way shall cease to be used for said uses and purposes, then this right of way shall terminate to the extent it is not used. SECTION 5: The Mayor of Aspen is hereby authorized and directed to sign, execute and deliver in the name of the City of Aspen such document or documents as may be required by law to carry out the intent and purpose of this Ordinance. SECTION 6: That since the qualified electors of said City have approved the acquisition of a municipal electric light and power system, it is essential that this Ordinance be made effective as soon as possible. It is therefore declared that this Ordinance is necessary for the immediate preservation of the public peace, health and safety, and it shall take effect and be in force five days after its final publication. this ~ntroduced, Passed on First Reading and ordered Published, /~-~ day of March, 1956. MAYOR 1956 o Finally Adopted and Approved this ~day of April, MAYOR ATTEST