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HomeMy WebLinkAbout2025-08 A Resolution Approving an Underground Easement Right-of-Way Agreement with Holy Cross EnergyRESOLUTION NO. 8 Series of 2025 A RESOLUTION APPROVING AN UNDERGROUND EASEMENT RIGHT-OF-WAY AGREEMENT 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 4th day of February 2025. Travis Coggin, Mayor ATTEST: Stephanie Kauffman, Town Clerk W/O # 25-25195:52-31.5265:Vail – West Middle Creek 1/10/25 TF Page 1 of 2 Revised 032124 HOLY CROSS ENERGY UNDERGROUND EASEMENT AND RIGHT-OF-WAY KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Town of Vail, a Municipal corporation (hereinafter called "Grantor" whether singular, plural or an entity), for good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant to Holy Cross Energy, a Colorado cooperative association, whose post office address is P. O. Box 2150, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, an easement and the right of ingress and egress (“Easement”) across all lands of Grantor “Land,” situate in the County of Eagle, State of Colorado, described as follows: Lot 4 MIDDLE CREEK SUBDIVISION A RESUBDIVISION OF TRACT A, according to the SECOND AMENDED FINAL PLAT thereof, located in Section 06, Township 05 South, Range 80 West of the 6th P.M., as more fully described at Reception Number 202403759 in the records of the Eagle County Clerk and Recorder’s Office, Eagle, Colorado. The grant of the Easement includes, without limitation, the right to: construct, reconstruct, repair, change, enlarge, re- phase, increase voltage, change design, operate, and maintain an underground electric transmission or distribution line or lines, or both, with the underground vaults, conduits, fixtures, and equipment used or useable in connection therewith, together with associated equipment required above ground. The rights herein granted specifically allow Grantee to install additional underground and surface pad-mounted facilities within the Easement area described herein. The grant of the Easement includes without limitation any communications facilities, fiber optic facilities, wireless transmitters, receivers, phone line carrier equipment and other communication equipment of any kind whether owned by Grantee or others, within the above mentioned Land, upon an Easement area described as follows: An easement on the above described property more particularly described on Exhibit A attached hereto and made a part of hereof by reference. It shall be the Grantor’s responsibility to ensure that above ground facilities including without limitation: splice vaults, switchgear vaults, and transformer vaults installed hereunder on the Land are always accessible by Grantee’s boom trucks and other necessary equipment and personnel. The use of 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 feet of any 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 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 always accessible. 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 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 feet from non-opening sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requirements of this Easement 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. The grant of the Easement includes the right to remove all trees, brush, vegetation, improvements, and obstructions within said Easement area and the right to pile spoils outside said Easement area whether during construction and maintenance or otherwise, when such is reasonably necessary for the implementation and use of the rights herein granted. In areas where vegetation is disturbed using the Easement, the ground surface shall be seeded once using a standard native mix by Grantee. Grantor agrees that landscaping, vegetation, or other improvements added on said Easement area after the date of this Easement will be a violation of this agreement, and Grantee will not be responsible for damage to said additional landscaping, vegetation, or improvements caused by exercise of Grantor’s rights granted by this Easement. Grantor agrees that all facilities installed by Grantee on the easement area shall remain the property of Grantee and shall be removable at the option of Grantee. Grantor covenants that Grantor is the owner of the above-described Land and that the Land is free and clear of encumbrances and liens of whatsoever character, except those held by the following: All those of Record as of the date of this easement. Grantor shall eliminate the encumbrances or liens on the Easement upon demand of Grantee. TO HAVE AND TO HOLD, this Easement and right-of-way, together with all and singular, the actual and implied rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. W/O # 25-25195:52-31.5265:Vail – West Middle Creek 1/10/25 TF Page 2 of 2 Revised 032124 IN WITNESS WHEREOF, Grantor has caused this Easement agreement to be duly executed on this ____ day of , 20 . The individual(s)signing this Holy Cross Energy Underground Right-of-Way Easement hereby represent that the undersigned have full power and authority to sign, execute, and deliver this instrument. Town of Vail, a Municipal corporation By: Mayor STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by as Mayor of the Town of Vail, a Municipal corporation. WITNESS my hand and official seal. My commission expires: Notary Public Address: