HomeMy WebLinkAbout2024-22 A Resolution Approving an Underground Right-of-Way Easement with Holy Cross EnergyRESOLUTION NO. 22
SERIES OF 2024
A RESOLUTION APPROVING AN UNDERGROUND RIGHT-OF-WAY EASEMENT
WITH HOLY CROSS ENERGY
WHEREAS, the Town wishes to grant Holy Cross Energy an underground right-
of-way easement pursuant to the terms set forth in Exhibit A, attached hereto and
incorporated herein by this reference (the "Easement").
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the Easement in substantially the
same form as attached hereto as Exhibit A, and in a form approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 7th day of May 2024.
Travis Coggin, Mayor
ATTEST:
Stephanie Kauffman, Town Clerk
HOLY CROSS ENERGY
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
TOWN OF VAIL, 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 Energy, a Colorado corporation whose post office address is P. O. Box 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 Eagle, State of Colorado, Sections 2, 3 and 8, Township 5 South, Range 80 West
of the 6th P.M., more fully described, referencing the Eagle County Assessor’s Parcel Numbers, as follows:
Parcel Number 2101-081-00-001, at Reception Number 908756;
Parcel Number 2101-022-00-002, G.L.O. Lot 1, Section 2, at Reception Number 642836;
Parcel Number 2101-034-03-002, Tract A, Vail Village Thirteenth Filing, according to the Final Plat thereof, at
Reception Numbers 121932, 259668, and 285802;
Parcel Number 2101-034-01-001, Tract B, Vail Village Thirteenth Filing, according to the Final Plat thereof, at
Reception Numbers 121932 and 259668;
Parcel Number 2101-033-01-015, Tract C, Vail Village Thirteenth Filing, according to the Final Plat thereof, at
Reception Numbers 121932 and 259668;
Parcel Number 2101-092-00-006, at Reception Number 293820;
All Reception Numbers being in the records of the Eagle County Clerk and Recorder’s Office, Eagle, 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, including without limitation any
communications facilities, fiber optic facilities, wireless transmitters, receivers, phone line carrier equipment and other
communication equipment of any kind, within the above mentioned lands, upon an easement described as follows:
An easement twenty (20) feet in width, the centerline for said easement being an underground power line as
constructed, the approximate location of which upon the above-described properties 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 herein.
It shall be the Grantors responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed
hereunder on said real property are accessible by Grantee’s boom trucks and other necessary equipment and personnel at
all times. The use of such access by Grantee shall not require removal or alteration of any improvements, landscaping, or
other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and
transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and
switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be
even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and
accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and
switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten
(10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other
obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non-opening
sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requirements of this
paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections
will be made at the sole cost and expense of Grantor.
Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right
to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the
implementation and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above-described
use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that
landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized
and that Grantee will not be responsible for damage to said additional landscaping or surface improvements caused by
exercise of its rights granted by this easement.
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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 they are 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: All those of Record.
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
, 20 .
The individual signing this Holy Cross Energy Underground Right-of-Way Easement hereby represents that they have full
power and authority to sign, execute, and deliver this instrument.
TOWN OF VAIL, a Colorado municipal corporation
By:
Mayor
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
20 , by as Mayor of TOWN OF VAIL, a Colorado municipal corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
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