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HomeMy WebLinkAbout2008-24 OF pU�1'ICATION Number pR00 OF COSS. ST p' E � the same Daily LNT-Y OF EAGL That eneral CO of the Vail Daly • has a g State of Colorado, andaid County of ualified representaof Eagle tedly in exed legal that I am a �l in the County and uninterrup of the ann ent as sl ublication d advertisem swear ublished ed coatinuou the first p Po e, do solemnly or in part and P ublish rior to once an I, Steve p , whole er has been P seeks neXt p nested legal n er printed, in said newspap u has published the req er Colorado newspap that fifty-two consecutive therein, ore than said newspap erating and circulation eriod of more and that Eagle for a p only for Of oP or advertise ber of notice diun'' of every num requested al advertising me and entire issue in accepted leg lar said notice was wily is an in the regu e of said The V aRule provision. was published and that the first publication ° in the issue advertisement Home insertions; of said notice was al notice or 1 consecutive That the annexed leg eriod of 08 and that the last publication erfortheP said daily newspap er dated 11{8{20 of November, 200 of said newspap hand this 18th day K- issue here unto set m the 11{g12008. newspapeT dated whereof has' T.,. ,, fitness _..,.orlEd�tor 18th Eagle, State of Colorado this lic in and for the County of to before me, a notary pub ASCiyC/ sworn Subscribed and �. �pSARY � day of N°vember, 2008 r, nl�.(%01 N��CQQ'� Schultz O T4 Q1 panlela loan notary Public 1 • ion expires: November 1, 201 MY Com'mss THE VAIL DAILY 970.949.0555 vaildaily.com Saturday, November 8, 2008 C27 ORDINANCE NO. 24 Series of 2008 AN ORDINANCE APPROVING A HOLY CROSS UTILITY EASEMENT WITHIN THE TOWN OF VAIL OPEN SPACE LOCATED BETWEEN MATTERHORN CIRCLE AND UPPER MATTERHORN CIRCLE; AND SETTING FORTH DETAILS IN REGARD THERE- TO. WHEREAS, the Town of Val (Me'Town'), m the County of Eagle and State of Colorado is A home rule municipal c,rpomh,n duly organized and exmimg under the laws of the State of Colorado and the Town Charter (the "Charter'); and WHEREAS, the members of the Town Council of the Town (the"Council") have been duly elected antl qualified; and WHEREAS, the Town Opal Space between Matterhorn Circle and upper Mallsomm, Circle. as shown in Me attached Exhibit A, cur- rentlyhas electrical overhead Imes even though a unity easement agreement has never been entered into between the Town and Holy Cross Energy ("Holy Cross"); and WHEREAS, At Me request and coat m a private homeowner, Holy Cmas desires to bury the current overhead electrical lines; and WHEREAS, the Town desires to dedicate A utility easement for Mat portion of Open Space owrdd,by the Town; and WHEREAS, the Cou 1 consitlers it In the interest of Me pudic health, safety and W Mam to enter into a utility easement agreement with Holy Goss for Me Town Open Space between Madearom Circle and upper Mat[erhom Circle. 4 NOW, THEREFORE, BE R ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT aggylgg 1 The Council hereby approv and authontes the Town o enter into Me utility easement wM Holy Chose, m substandally, the same form attached hereto as Exhibit A for Illustrative purposes and kept on file in Me office of the Town Clerk. Seedgn 2. If any pad, section, subsection, sentence, clause or phrase m this ordinance is for any reason held to be Invalid, such decision shal not afled the vaficity of the remaming pmim of this ordinance; and the Town Council hereby CecMres it would have passed this odmmce, and aech ch part, seon, subseclion, sentence, clause M phrase thereof, regardMas of the fact Mat any one or more pants, secdoce, subsections, sentences, clauses or phrases be declared invalid. Sggji2 ¢ The Council hereby find,,determinesend declares that this Odinanceis necessary and properfNthe health, safety and welfare O the Town of Val and Me inhabitantsthereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this4M day of November, 200B, and a public hearing for second reading d this Ordinance set for the 18th day of November, 200B, at E00 P.M. in Me Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland Town Mayor ATTEST. Lorelei Donaldson Town DIeM HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Ma uncle reigned, TOWN OF VAIL, COLORADO, A MUNICIPAL CORPORATION (hereinafter calved "Grantor), for a good antl valuable consideration, the recent whereof rs hereby acknowl,dgeq does hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P.O Box 2150, Glenwood Springs, Colorado M--after called 'Gran se") and to its a—essore and assigns. Me right of reasonable ingress and egress across lands d Grantor, smite m the County of Eagle. Slate of Colorado, tlescnbed as follows: A parcel of land loceted m Secton 12, Township 5 South, Range 81 West m the Mh P.M., as more fully described in that deed recorded by Reception No. 195612. in the records of the Eagle County Clerk and Recorders Office, Eagle, Colorado. And, W construct. reconslrud, repair, change, enlarge, mHMase, operate, and maintain en underground elednc transmission or tlisth- bution line, or both, with the underground vauf, c,ndun, lodures and equipment Meat or useable in connection th—with,togeder with associated aquipmem required above ground, within Me above memoned lands, upon an easement described as follows: An eesent d commeng underground power lines with above ground pad-moudad equipment as constructed, the location of said easement upon Me above described property is shown on Exhibit A attached herd, and made a part hereof by reference. The rights herein granted specilhoWly allow Gramee to install additional underground andor pad-mountetl facildres within theeasement described herein. It shall be the Grantors responabdiry m ensure that splice vaults, swiWhW r vaults and transformer Wake installed hereunder on said real property are accessible by Grantee's boom trucks antl other necessary equipment and personnel at all limes. The use of such access by Gramme shall not require removal or aheratdn many impnowarx,ms, landscaping, or dharobdludions. ThegroundsuMme grace shall not be altered within ten (10) fed m said sphce, swikhgear and transformer vaults, nor along thapowar late rouse between the veuks. The ground surface grade at said transformer and switchgear vaults shall be so: (6) inches below the top OF the pad. The grountl surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of saitl spike vaults shall be ared (excluding snow) and accessble at all times. Improvements, landscaping or any other objects placed in the vicinity of said trsdisrormers antl!,iWhWa, shall be lcet d s, as not W hi,d,,,,mpi,t opening,) Me equipment d,,,. The ground surface within ten (10) feet d said mss transfmer and switchgear doshall be flat, level andree of improvements. landscaping, and other ,bstme- tons. Improvements, landscaping and mire, objects will be kept a minimum of four (4) feet from non cpening sides and backs cited Iransromrers and swrtchgear. Grantor hereby agrees tomainlain the requirements of this paragraph and tunher agrees to coned an/ vidatiore winch may occur as soon as notified byGrantee. Sold con Tions will be made as the sole cost and expense of Gmnmr, Together wlh the right to remove any and all trees, brush, vagetahon and obstructions wnhm sad easement antl the right to pilespmk , sad. said easemem during constmdbn and maintenance, wren such is reasonably P-mearyfor the implementation and use dlhe nghk heminal,we granted In areas where vegetation is disturbed by the above descdb,d ,seal the easement, tar grouts sudaca shall be startled using a standard native mix by Grantee Creditor agrees that landscapng or carer surface mprovements added on sad easement aher the data of axecusion hereof will be hunimzxml and Met Grantee will not be xmixons ble for damage to sad ad. , rhmal land —ping or sudace Improvements caused by exercise of its rights granted by th s easement Grantor agrees that all lac 1 gas nstalled by Grantee on the above described lends, mai l all main Me property ofna Games, antl shall be removable at the ,piton of Grantee Gran ror covenants that it i,th, owner,l the above describetl lands and that the sad lands are free and clear,f encumbrances and ens of whensoever character, except those held by the following: TO HAVE AND TO HOLD, said right-cf-way and easement, together with all and singular, the rights and privileges appenainingthereto, unit Creoles, its successors and margre, loraver IN WITNESS WHEREOF, Grantor has common these presents to be duty executed on this day of , 20. The individual signing this Holy Cross Energy Underground Rightol-Way Easement hereby represents that it has full power antl-Irm, dy M sign, execute, and doliver Mls instrument. TOWN OF VAIL, COLORADO, A MUNICIPAL CORPORATION y: MayorSTATE OF )) eaCOUNTY OF) e foregoing instrument was acknowledged before me this day of , 20 . by as Mayor of the TOWN OF VAIL, COLORADO, a municipal cooNathm. WITNESS my herd and official seal. My cor""cn expires: Notary PAblk EXHIBIT A LEGAL DESCRIPTION A 10.0 FOOT WIDE EASEMENT LYING 5.0 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, LOCATED WITHIN A PART OF NE % THE SW '/, SECTION 12, TOWNSHIP 5 SOUTH, RANGE SI WEST OF THE 0 P.M., COUNTY OF EAGLE, STATE OF COLORADO, THE SIDES OF-SAM EASEMENT LENGTHEN OR SHORTEN AT THE. BOUNDARIES, SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: DOMMENCMG ATTU SOUTHWEST CORNEROF PARKSDE VILLAS -PHASE 11, AS DESCMEED FH THE OFFICE OF 7'HE EAGLE COUNTY CLERK AND RECORDER AT RECEPTION No. 200816850. WHENCE THE SOUTHEAST CORNER OF SAID PARKSIDE VILLAS - PHASE II BEARS S M"]826'E A DISTANCE OF 145.56 FEET FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE ALONG THE SOUTH LINE OF SAID PARRSIDE VILLAS -PHASE H S 84"3826•F, A DISTANCEOF10,40METTOTHE TRUE POI T FBEGINNBJG. THENCE DEPARTING SAID SOUTH LINE OF PARKSIDE VILLAS -PRASE II THE FOLLOWING SIX (6) COURSES: N S05-16'13" E A DISTANCE OF 7.36 FEET; 2) S0m31'24" W A DISTANCE OF 2667 FEET; 3) S 09°I4'06• W A DISTANCE OF 29 37 FEET; 4) S 13"29'S6• W A DISTANCE OF 7A.14 MET, 5) S 02 b31" W A DISTANCE OF 16.59 PEEP, 6) S52-37-12" W A DISTANCE OF I L6d FEET TO THE PODITOFTEBMMUS. SAID PARCEL CONTAINING 0.026 ACRES MORE OR LESS. W BRENT RIGGS PLSh27598 FOR AND ON THE BEHALF OF PEAK LAND CONSULTANTS, INC. P:\1600-1699\1633\doc\Exddbit-Holycross P.asemem.doc 1 I I I VII x I7{ nxw.n din v,Kma-. 1 , ,. Published in the Vail Daily November 8, 2" I acknowledge the accuracy of the 11 X-08 publication of Ordinance No. 24, Series of 2008. :A'A i" c' ' I - Matt Mire, n Attorney /,. 2, Z�'-Z/ T m Kassmel, Town Engineer THE VAIL DAILY 970-949.0555 vaildaily.com ORDINANCE NO.24 TOWN OF VAIL, COLORADO, A MUNICIPAL CORPORATION Series of 2008 y: MayorSTATE OF)) ss.000NTY OF) AN ORDINANCE APPROVING A HOLY CROSS UTILITY EASEMENT WITHIN THE TOWN OF VAIL OPEN SPACE LOCATED a foregoing instrument was xknowledged before me this day of. 20. BETWEEN MATTERHORN CIRCLE AND UPPER MATTERHORN CIRCLE; AND SETTING FORTH DETAILS IN REGARD THERE. TO. by as Mayor of the TOWN OF VAIL, COLORADO, a municipal corporation. WHEREAS, the Town of Vail (the "Town"). in the County of Eagle and State of Colorado is a home rule municipal corporation duly WITNESS my hand and official seal. organized and existing under the laws of the State of Colorado and the Town Charter (the "Charted; and My commission expires: WHEREAS, the members of the Town Council of the Town (the "Council) have been duly elected and qualified; and Notary Public WHEREAS, the Town Open Space between Matterhorn Circle and upper Matterhorn Circle, as shown in the attached Exhibit A, i really has electrical overhead lines even though a utility easement agreement has never been entered into between the Town and Holy Cross Energy ("Holy Cross'), and WHEREAS, at the request and cost of aprwala homeowner, Hoy Cross desuss to bury the current overhead electrical lines; and WHEREAS, the Town desires to dedicate A codify easement for that portion of Open Space owned by the Town; and WHEREAS, the Council considers it in the interest of the public health, safety and welfare to enter into a utility easement agreement with Hoy Cross for the Town Open Space between Matterhorn Circle and upper Matterhorn Circle. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO. THAT: SAgllgB..3,. The Council hereby approves and authorizes the Town to enter into the utility easement with Hoy Cross, in substantially the same form attached homfo as Exhibit A for illustrative purposes and kept on file in the office of the Town Clark. SRalliqu . If any pan, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance: and the Town Council hereby declares it would have passed this ordinance. and each part, section. subsection. sentence. clause or phrase thereof regardless of the fact that any one or more parts. sections, subsections, sentences, clauses or phrases be declared invalid. SSgIIM The Council hereby finds determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008. and a pubic hearing for second reading of this Ordinance set for the 181h day of November, 2008, at 6 00 P.M. in the Council Chambers of the Vail Municipal Buildng, Vail, Colorado. Richard Cleveland Town Mayor ATTEST: Lorelei Donaldson Town Clerk HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS. that the undorsigned. I OWN OF VAIL, COLORADO, A MUNICIPAL CORPORATION (herainafter called "Grantor), for a good and valuable conaderation, 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 Sponge, Colorado (hereinafter called "Grantee") and to its successors and assignsthe night of reasonable ingress and egress across lands of Grantor, situate in the County of Eagle, State of Colorado. described as lohows: A parcel of land located in Section 12, Township 5 South, Range 81 West of the 61h P.M.. as more fully described in that dead recorded by Reception No. 195612. 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 dlstrn bution line. or both. with the underground vaults, conduit, fixtures and equipment used or useable in connection therewith.together with associated equipment required above ground. within the above mentioned lands, upon an easament described as follows, An easement containing underground power lines with above ground pad -mounted equipment as constructed, the location of said easement upon the above described property 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 -vaunted facilities within thee asemenl described herein. It shall be the Grantor's responsibility to ensure that splice vaults. switchgear vaults and transformer vaults installed hereunder on said real property are accessible by Grantee's beam 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 sudac e grade shall not be site red within ten (10) feet of said splice, switchgear and transformer vaults, nor along Ihepower 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 lop of the pad. The munhole opening of said splice vaults shall be uncovered (excluding snow) and accessible of all tim— Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located se 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 andlree of irprovements, landscaping, and other obstruc- hans. 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 tomaintam the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified byGranlee. Sad corrections will be made at the sole cost and expense of Grantor, Togatherwdh the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right to pilespods outside said easement during construction and maintenance. when such is reasonably necessary for the implementation and use of the rights heminabove granted. In area 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 saitl easement after the date of execution hereof will be minimized and that Grantee will not be responsible for damage to said ad- ditional landscaping or surface improvements caused by exercise of as rights granted by this easement. 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 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: TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular. the rights and privileges appertainingthom o, unto Grantee, its successes and assigns, forever. IN WITNESS WHEREOF, Grantor has caused mesa presents to be duly executed on this day of , 20 . The individual signing this Hoy Cross Energy Underground Right -of -Way Easement hereby represents that it has full power and author• ity to sign, execute, and deliver this instrument. EXHIBIT A Saturday, November 8, 2008 C27 A 10.0 FOOT WIDE EASEMENT LYING SD FEET ON EITHER SIDF-OF THE FOLLOWING DESCRIBED CENTERLINE, LOCATED WITHIN APART OFNE H OF THE SW A SECTION t2, TOWNSHIP 5 SOUTH, RANGE A WEST OF THE am P.M., COUNTY OF EAGLE, STATE OF COLORADO, THE SIDES OF SAID EASEMENT LENGTHEN OR SHORTEN AT THE BOUNDARIES, SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARKSIDE VILLAS -PHASE 11. AS DESCRIBED IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER AT RECEPTION No. 2111711116950, WHENCE THE SOUTHEAST CORNER OF SAID PARKSIDE VILLAS - PHASE II BEARS S 84"3926"E A DISTANCE OF 145.56 FEET FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE ALONG THE SOUTH LINE OF SAID PARKSIDF. VILLAS -PHASE ITS M 31I A DISTANCE OF 10.40 FEET TO THE TRUE POINT OF BEGINNING. THENCE DEPARTING SAID SOUTH LINE OF PARKSIDE VILLAS -PHASE 11 THE FOI.IJOWING SIX (6) COURSES: 1) S05.16'13- E A DISTANCE OF 7.36 FEET; 2) S Di 124' W A DISTANCE OF 26.67 FEET; 3) S OW 14V6" W A DISTANCE OF 21L37 FEET; 4) S 13.29156- W A DISTANCE OF 24.14 FEET, 5) S 02"43'S3- W A DISTANCE OF 16.59 FEET; 6) S52"3T12-WADISi'ANCE OF 11.64 FEET TO THE POINT OF TERMINUS SA ID PARCEL CONTAINING 0.026 ACRES MORE OR LESS. 2 69 ' fAPAC LANDS BRENT BIGGS p18x2'/598 FOR AND ON THE BEHALF OF PEAK LAND CONSULTANTS. INC PAT 600.16MI6331rdoc\Exhibit-Holycross Eaaelaentdoc I„ 1 Ic:' I PROOF OF UBLICATION STATE OF COLORADO I SS. Ty OF EAGLE COUNTY That the same Daily and has a general qualified representative ° hState tof Colorado, In said County of 1 swear that I am a A of Eagle,tedly do solemnly art and published in the County and uninterrup I, Steve pope, ted in whole or in P has been published continuously ublication of the annexed legal newspaper prin Prior to the first p lied the requested legal notice and advertisemen a od of more than fifty-two consecutive w published next circulation therein; that said newspaper ews apex has p Eagle for a per jurisdictions operating under Colorado's notice or advertisement and that said n requested. medium, only for j The Vail Daily is an accepted legal advertising ry number of Home Rule provision. m the regular and entire issue o eve ice or advertisement was published ublication of said notice was i al not and that the first p That the annexed leg period of 1 consecutive insertions; e ublication of said notice was in the issue of said said daily newspaper for the P said newspaper dated 11I2212008 and that the last p the issue of s 2008 hand this 1st day of December, newspaper dated 11I2212008. In witness whereof has here unto se Manager/Editor publ' e el worn to before me, a notary public in and for the County of Eagle, State of Colorado this 1st day Subscribed and s of ember, 2008. IS �p7ARY �N Pamela Joan Schultz O Notary public ��� PUBLfj Q ' Tres: November 1, 2011 t`p� CD�pQ"�tip My Commission eXP s C24 Saturday, November 22, 2008 ORDINANCE NO.24 Series of 2008 AN ORDINANCE APPROVING A HOLY CROSS UTILITY EASEMENT WITHIN THE TOWN OF VAIL OPEN SPACE LOCATED BE- TWEEN MATTERHORN CIRCLE AND UPPER MATTERHORN CIRCLE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS. the Town of Vag (the Town ), M b, County d Eagle antl State d Colorado a, home rvk mu apel a u,matlon duty argenkad end exieling.item the kw¢ of the Slate a1 CIA— end be Town Chutar (th. Thadef ): end WHEREAS, be omit.. of be Town Council of the Town (In.' ..ncin hue been duty .laded and opo, fiatl; ad WHEREAS, the Town Open Spec. bMvaan Ma bm. Cana and upper Matarhom Choi.,. shown k the..had Exhba A, Hoontly ha¢ alMrkd overhead lines —I though a uNily aeaemenl agree an[ as 1.., been....d a. b.-.h the Town and y Cnn Ehm, rH,N Cm:)', ad WHEREAS, et the requeat ud coat of a prNata homeowner, Hoy C,o. tleeirea to bury the curtant warhead electrical line.; antl WHEREAS, the Town d,m,, la dedicate a Wily ..cement III Mu potion of Open Sp., ow.M by the Town; and WHEREAS. the Cou.il c.sian d In the Iateroat d be p.blk heMh, May end wafer, to soar Into a ufifity aaa nhant agroamenl with Hoty Cr., for ba Taw. Open Spa, batwaen Matterhorn CirW ad upper Mma than C1ok. NOW, THEREFORE, BE R ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO. THAT: Sabot 1. Th.Cou.l hereby apravee and author¢.th. Town to ante, Itda the uIfty aaeamam wib Hay Cn inaubafan- IWN bat .— form atl.chea hereto. Exh bll A for iW.bativ. P.T.. and kept on file In the office of Me Town CAnk, S.tion 2. If any Pan, a otion, aubaodon, .entente, ckuea or phase d tMa oNlna.e k for any reason held to De Invatitl, such tlecwon Oall not shad th. vaktlity of the remaining po moist of this ordinance: and the Town Council hereby d.Ieres it would hua p.aad thi, ordi moc antl am pad, ¢action, a to,a h,uh,,antenw, cIta, a or phrue thereof, roperdess of the fat that any one w mars pana,..fim.. euba.bonn, aemencee, cI.a. or p1Y... I. decimal Invalid. Sadkn A. The Council hereby fin., determine. and d.krsa that thi. Ordinance i¢ nece.ery end proper for b. heath, ¢defy ad weare d be Town d Vail ad the Inhabha t, thereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ah day d N.:—,, 20dS. and. Pubic nearing lor.acond reatling d this ONi.a.c. aauw th, 1ab day of NwwMa,, 2008, at 6:00 P.M. In ba Comol Chanters of the Veil Munkpal Building, Val, Colorado. Richard Ckveknd Town Mayor ATTEST. L-1al Donaldacn Town Ckrk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED bie 1ab day of Nwe, ina , 2000 Rkh.ma Cleveknd Town Mayor Meet: LorNN Donalom. Town Cl.k NGLY CROS! UNDERGROUND RIGHT KNOW ALL MEN BY THESE PRESENTS, that the undanignad, TOWN OF VAIL. COLORADO. A MUNICIPAL CORPORATION Iheroinaner catled "G,eMor�, fa a good and vduabb consiaaratipn. the recept watered i. nenby ecknowkdgad, does hereby gran) unto Hoy Cron, Energy, a C.Iwaa coPwelion wnaae poet alike eareac is P. O. Box 2160, Gknwnotl sprkga Colamdo (h..,..er called Ivam.1 antl to a ¢.ce.aro and —go., be nght of reuanabb InWaba and agree awes and, of Ginn,. 1-11 in the County of Eaek, State It Cdona, deacrbal as Iotlowe: A parch of bond laid 1n SMion 12, Towahp 6 Sam, Range n Weat of its 6th P.M., a¢ n.re NRY da.riba l p In. as r.wdnd by R.Win. No. 196612. in be ,wore d the Eagle Count, Clerk utl R.wdee. Office, E'g nado And In I Cooo.boct r.onstr.t repair, change, aN.ge, reyhue, operate, and maintain an end.wpund.1.lric tnnsmiasion or ,I.—ti a gat., or both, with the underground veulb, candua, W,,,¢ and aquimtho .,ad ar uaeade k connection th.,ewlh, together with a. ouumt equpment r.uired ebwe g,wnd, within the above manllonad lane, upon an eae.ment tlescrbad. ollowa M th a nn- conlaining undamrwnd power lines ova above ground pas -mounted equpment ae coaloota. the location d .id augment upon the above dmacrbad proputy a shown on Exhbh A..hal hereto and made a Pen herod by refer..,. Tate rights heregrantee epadicall, .How Grentea to inauad l dilonal uod,agnmal endrw p.dnounted facileke within the maM da.inDad herein. It.hall be the Goan— reeponeibilily to ensure that splice vaults, switchgear veuke and Iran donror veuhs insnllad hareun., on .N hrN pno,e Grantee ahel ndbeGrentee'I bat or t114 an of th na ,amy eq.,pbwnt and peman al at dl times. Th..e d . by quire remw y imprwamene, lenacepnng, w dh.,obarudio.. The ground ­d­ grade ah.l not be alma) within ten (1 h) fee, of aeitl aplka, a ntmge. and 1ra.forma.... 1h, nor along the pow., b.a rwta haw the veins. Tha ground audece grade at aeitl tnnafonn., end —hp., W. and be en, (6) inches Ibe lop of lhs and. Th. ground dada, grade at aid splice v.ha shard be ,an with the top d Iha pad. The manhals opening of sek splice v ft, shall be unaw.ed (excludin l:now) and ..o .N. at el time..1--a n nua, his, a ping .1 my other object¢ pkced In be vkim, al add banalannare and ewahgeer ¢hell be locetatl eo ce rid to hlntler complete opening of the equpment adore. Tate gnund ad., within ten (10) heat of said Innefwme, end aatuch"a, loon ahal be date level aht tree d "not 'a lm-.ing, ad unna obatndioa. brOrwamenN, kntlscaping and Imam obl,w. win be kept a m of lour (al lael from non -opening eke. and b.Me of eeid Inumu man and awhchgau. Grantor hereby agree, to anwolain ba roqukamenn d thk paragraph end f Whe, ag,see to c al any —I.ne ankh may s., as soon. Italia! by Grantee. Bad can.hon. win be Ina. el ba at, cwt end exp d Gnntol. Together with the right to remove any ad d trees, bruah, vegetation ad of atm�Don, within said eaea nt n and be right to pa apaila aul.id, "de.emant during cone,rudion end main......, when each ie raaacnably n.oasary for th.'mplemenbtion and use of the rights h,nunabwe gnnl.d. In are. where vegetation i, dun,rbad by the shwa da.rba l use of the .... nant, the mound aunm, shall be a aea wing a atandad native mot by Gr.tae. Gnnwr egraa lbat bndauning o, other suet, impnvemerna added on said e.emant alter ba aU It ax.mion hereof win be minlmiesd and bat Gr.ne wK rim b. reeponeible for damage to said adddional Mnaceping or sonata imwwenwnta caused by a im of a, note quantal by this Gnntoar etmreea fatal all IaciMiea Ineleled by Grenree on Ina shwa d.cnDed lane, anal remain Iha propeM d Grantee, and.hal b. nmweble at Ina I. of Gnnee. Goonto, cw...ns that e is the owner of the abwa de.crbed lad, ad that the elk lentle ere haa and cW,, of e.umbre.ee antl lima d whataamver chancre,, ...pl th.e held by th. blowing: TO HAVE AND TO HOLD, eeid rid -way end eanumt together with all and amgukr, the righN and priokae appmumog thmat., unto Grwdaa, a...a.— antl ..sign.. louver. IN WITNEBB WHEREOF, Gnntar h. caused In.. pn,ante to be duty e...tod on this ay of The induid nd signing th, Hoy Cream Energy Unarground RigMd-Way E... nant hereby rapraeanta that it no, lull power utl eWhomy to agate ex.M., andd.Werb4 i.m,ae t. TOWN OF VAIL, COLORADO. A MUNICIPAL CORPORATION By: Mayor STATE OF ) COUNTY OF The forgoing iwrrvmenl wu.knowletlg,d batwa me Iha ay of 20 • by u Mayor of the TOWN OF VAIL, COLORADO, a no nklpal anp.atkn. WITNESS "had antl dlkisl eel. fuly.onontentionexplroa: Notary PuWk Add...: W/O/)8Q0550:514e:Pmoode Vilu LB Fla, Mwe:5-2P8 a 05W TCV JV Ravlmad o-i" THE VAIL DAILY 970.949.05SS vaildaily.com l Legals KMB]r A -U:11. Iww52IP I KIN .t 10.1j i•UUI W I I R:I.ASF-.biWT T.YINCr 5.0 MIT M L'I77LAl'W' 0 1!II' RN.fA)WNC NSCRIBBD(MNi1RtLINZ.LOC:A Ii:I)Wnf-W A PART GENE'..4 OF I'Hu SR KK. U, '1lIw%PM 11111 M)LATT• RANO-F. 6: WE57 Of 1'NE 6 ' FIA,. (.)( 41'Y C H FAl.T.T, STATE OF COI.ORAW), TNN SIDES OI' SAII) I;A.NAIT.NTT.PNOT W4 OR SHC'RUN Al ]:-1L Br•MINI)ANI IN, SA ID (XNTFRI.IXE 8EIN6 AIOILL FAIC.1( I.I.AItI.Y 11RSCkiBPT1 .AS FO_LOWS: (.WL\tl:\RaM4\'I'TT?SOlfFIwTST CORNkit OF Yn RK$11W v 11 J AS I'I IAgF. TI, AS DIV;Cs 3ED LV 1 M, On K'1• III- rl I:: HAP. l.O t•I.Uhry C7.FAK AND RLCURDJt Al .,c 5 yH(IA w.' wo I6Fch. RARKCE THB 3U'LIT111i1D f (:OKf.: A OF AAR) PARK5I1DE VILLAS — T':EA.SEI]BEARS i6Fa74W1, ADISI'ANC'."IF1I5.56 FYET POMIN6 LILL I I A 414t 4• NNA K INC- I1LiK "11 N INi..v wpTKN:. 'INEYCP. AIAi4D THEi'UU'1LLLVIsor nA DI•.ANLSIOT.V-I.1.A5—PF'_asE UYlii'1tl".r1•. A Ul6'1:A.V(1 U.•'ILAO rl:):T TV) TIMIRUE FW61 OL :iil VY MI. hIL.YCLUI;p.AK IIAC(ATr)SOIr.RLl\t OM PAKL411M; Y'H.LM1i NTASRIr THEFULLOW1Nti RTX (61 COLRW-1. I) SOPI&IIr I:A INNrAA('I:(N::(i NRF.T: 21 NllP:1'1" W A TASTA`a OF_6.6T ELr": 3) 5Wr IA'06' W A J061 A%K:FOP 2A3?FF.F.T: kl KLo'N'..46 W.ADISTAVCEOf24.:41'1'1'I'; 5f 50`ai3'33- w A DIH I'ANCF• OF im" FELT: ri) f-.W37'I2'W A DL41:11.CE W' I I ALIII:' IO T11F.]'QTIMI' OF TF.AH:NLE• .TTe; 1k SAID PARCEL CONC1L41NO Ik08A ACRP•R MORF. OR LESS. '',}a'i Lg'.- �`•_`gf�1�L4 Ia'JnR�ry U DRLYt D1UC41.1 MIR AVD LN The SMILE Of FLAK PARKEDE VL-AS i I _ti4y PARKS J= VI. AS � ;d:d 1•IF11 uu..Ar:dt i^"1 I _ Yry( a I I a"E F 16'7•T J r C :.. rl M I M U'-L wt ICS �bT R%IDDr[ A — HOLYOIt(FCI FARFMT tD T:NPfArm LWD RNl 1DAR DT run. PuWiahed in the Vail Daiy November 22.2008.