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HomeMy WebLinkAbout22 - Holy Cross right of way easementF HOLY CROSS - ._,LECTRIC ASSOCIATION, 4799 HIGHWAY 82 e P. O. DRAWER 250 GLENWOOD SPRINGS, COLORADO 81602 August 3, 1983 Eagle County Criminal Justice Center Attn: Mr. Dave Mott P.O. Box 179 Eagle, Colorado 81631 RE: Criminal Justice Center 30 Line Dear Dave: INC. AREA CODE 303 945 -5491 We have completed a design and cost estimate for providing electric service to the above mentioned project. Our facilities will be installed as shown on the attached sketch. Holy Cross Electric estimates that the cost of construction will be as follows: Estimated cost of new overhead power line construction $ 2,770.00 Estimated refund due to party contracting for existing line from which new power line originates 1,640.00 Total estimated power line cost $ 4,410.00 Holy Cross Electric investment secured by the enclosed guaranteed monthly minimum revenue contract (4,410.00) Prepayment required -0- The above figure is only an estimate. After the job has been completed, the actual cost of construction will be determined. Your monthly minimum revenue contractual amount will be adjusted to reflect Holy Cross Electric's actual investment. Execution of this document constitutes agreement to sign a new monthly minimum revenue contract with the adjusted amount in a timely manner. Our power facilities must be installed on an easement. Please execute and return the enclosed document. The following conditions are hereby noted: 1. Secondary voltage available will be 208Y/120, three - phase. 2. Secondary facilities shall be installed in accordance with National Electrical Code and Holy Cross Electric specifi- cations. All meter locations must be approved. Any service,. over 200 amps or 240 volts must have prior written approval V from Holy Cross Electric. Eagle County Page 2 August 3, 1983 3. It will be your responsibility to install an acceptable secondary riser on the pole and extend underground secondary conductors to points of power usage. Disconnect require- ments and location must be approved by Holy Cross Electric. 4. There is no provision in our estimate for revegetation. It is preferred that revegetation, if required, be provided by parties other than Holy Cross Electric. 5. We attempt to complete all projects in a timely manner. However, highest priority is given to maintaining service to our existing consumers. This fact, along with inevitable construction delays, will not allow us to guarantee a project completion date. 6. All Holy Cross Electric rules and regulations will be followed. 7. The above mentioned cost estimate does not include connect fees or meter deposits, if required. Arrangements for pay- ment of these items and for scheduling the actual meter installation should be made through the local Holy Cross Electric office. 8. The above estimate does not include providing temporary power for construction. If temporary power will be required, please also send your check in the amount of $140.00 to cover transformer up and down labor. The estimate also does not include any connect fees or meter deposits which may be required before providing temporary power. When Holy Cross Electric is in receipt of the signed monthly minimum revenue contract, all necessary executed easements, other permits, if required, and the signed original of this letter agreement (below), the job can be scheduled for construction. Sincerely, HOLY CROSS ELECTRIC ASSOCIATION, INC. The above terms and conditions are agreqA,,to and accepted Buzz Quaco, Staking Engineer BQ:lsz BY: Enclosure cc:Job File TITLE: Chairman, Board of County Commissioners of Eag e ounty, Colo DATE: August 11, 1983 HOLY CROSS ELECTRIC ASSOCIATION, INC. RIGHT -OF -WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, EAGLE COUNTY (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 250, 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 Eagle, State of Colorado, described as follows: A parcel of land located in Tracts 68, 69 and 70, Section 33, Township 4 South, Range 84 West of the 6th P.M., Town of Eagle, Colorado, as recorded in Book 363, Page 212 -217 in the office of the Eagle County Clerk and Recorder, Eagle, Colorado. And, to construct, reconstruct, enlarge, operate, maintain and remove an electric transmission or distribution line or system, within the above mentioned lands, upon an easement described as follows: A twenty -five (25) foot wide easement, being twelve and one - half (12.5) feet on each side of the following described centerline: Commencing at the northwest corner of said property; thence S00 °01'54 "W, 12.5 feet to the true point of beginning; thence N65 020'43 "E, 442.96 feet; thence N60 °53122 "E, 499.91 feet to the end of easement. And, in addition, Grantor hereby grants to Grantee, and to its successors and assigns, the right to clear all trees and brush, by machine work or otherwise, within said easement, and the further right to cut trees, even though outside of said easement, which are tall enough to strike-the wires in falling. Grantor agrees that all poles, wire and other 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: patent reservations of 21" record and a ditch right -of -way recorded in Book 220 at Page 691 of the ** 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 11 day of August , 1983. WITNESS: a2LI_ STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) EAGLE COUN ' BY: i TITLE:Chairman, Board of County ommissioners o:' ag_e County, Colorado The foregoing instrument was acknowledged before me this 11 day of August , 1983 by David E. Mott as airman, Board ot County Commission.for EAGLE COUN WITNESS my hand and official seal My commission expires: Address: (Job #83 - 10165:42- 33:Criminal Justice Ctr:8 -2- * *real property records of Eagle County, Colorado, reserved to the Colorado Department of Highways. A •0 HOLY CROSS ELECTRIC ASSOCIATION, INC. SHARE SUBSCRIPTION AND APPLICATION FOR MEMBERSHIP The undersigned (hereinafter called the "Applicant ") hereby applies for membership in, and agrees to purchase electric energy from, HOLY CROSS ELECTRIC ASSOCIATION, INC. (hereinafter called the "Cooperative "), and hereby subscribes for one (1) share of the capital stock of the Cooperative and agrees to all of the following terms and conditions. 1. If this Application is accepted by the Cooperative, it will constitute the Applicant's membership and one (1) share of capital stock of the Cooperative. 2. The Applicant understands that if electric energy is made available to the Applicant by the Cooperative, said Cooperative is investing in construction of new lines because of reliance upon the terms of this application If electric y is made available to the premises described below on or before OVemeber 1, g� Applicant specifically covenants and agrees, and binds himself, his heirs, devises and personal representatives, in consideration of such construction by the Cooper- ative as follows: A. The Applicant will, for the full period of ten (10) years from the date such energy is made available to said premises, purchase from the Coop- erative all electric energy used on the premises described below and will pay therefore at rates to be determined from time to time in accordance with the Bylaws of the Cooperative, provided that the Cooperative may limit the amount of electric energy to be furnished for industrial uses. B. During all of such full period- described in "A" above., the Applicant will pay a bill of at least $71 0.27 per month, plus tax, regardless of the number of kilowatt hours used, and this shall be an irreducible minimum. Payment of this minimum charge shall entitle the Applicant to the use of the number of kilowatt hours corresponding to the minimum charge in accordance with the applicable rate. 3. The Applicant will cause his premises to be wired in accordance with wiring specifications of the National.Electric�l Code and the State of Colorado. The Applicant's premises are approximately' 0 feet from the nearest distribution line of the Cooperative and are located in: Tracts 68, 69 and 70", Section 33, Township 4 South, Range 84 West of the 6th P.M., Eagle, Colorado 4. The Applicant will comply with and be bound by the provisions of the Certificate of Incorporation and Bylaws of the Cooperative, and such Rules and Regulations as may from time to time be adopted by the Cooperative. 5. The Applicant, by paying a membership fee and becoming a member, assumes no personal liability or responsibility for any debts or liabilities of the Cooperative, and it is expressly understood that under the law, his private property is exempt from execution for any such debts or liabilities. The acceptance of this application by the Cooperative shall constitute an agreement between the Applicant and the Cooperative. WITNESS APPLICANT DATE August 11, 1983 Consumer Account No. Membership No. ADDRESS P.O. Box 850 Eagle, Colorado 81631 For Office Use: Job NameCriminal Justice Ctr Job # 83 -10165 Consumer # 42 -33 Date 8 -2 -83 M r x cn o -a C+ n J. c J• V) J -J cn z cn 03 OD OD Uu 53 E SOO c? 6' C) O v. to o C> OS TIb cp -, NIP. -A -A 7�\ 0 o b(9 z0