HomeMy WebLinkAbout2012-28 Holy Cross Utility Easement for Ford ParkRESOLUTION NO. 28
Series of 2012
A RESOLUTION APPROVING A HOLY CROSS UTILITY EASEMENT WITHIN
FORD PARK; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State
of Colorado is a home rule municipal corporation duly organized and existing under
the laws of the State of Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council")
have been duly elected and qualified;
WHEREAS, the Town owns property described as a parcel of land situated in
Section 8, Township 5 South, Range 80 West of the 6th P.M., more particularly
described at Reception No. 128019 in the Office of the Eagle County Clerk and
Recorder, Eagle Colorado as shown in the attached Exhibit A;
WHEREAS, the Town desires to dedicate a utility easement to Holy Cross
Energy ("Holy Cross") for that portion of town property;
WHEREAS, the Council considers it in the interest of the public health, safety
and welfare to enter into a utility easement agreement with Holy Cross for the Ford
Park parcel shown in Exhibit A.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The Council hereby approves and authorizes the Town to enter
into the utility easement with Holy Cross, in substantially the same form attached
hereto as Exhibit A for illustrative purposes and kept on file in the office of the Town
Clerk.
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 16th day of October, 2012.
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Resolution No. 28, 2012
Andrew P. al
Town Mayor
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HOLY CROSS ENERGY
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
TOWN OF VlAL, 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 Counry of Eagle, State of Colorado, described as follows:
A parcel of land situated in Section 8, Township 5 South, Range 80 West of the 6"' P.M., more particularly described
at Reception No. 128019 in the office of the Eagle Counry Clerk and Recorder, Eagle, Colorado.
And, to construct, reconstruct, repair, change, enlarge, re-phase, operate, and maintain an underground electric transmission or
distribution Iine, or bath, 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 easement described as
follows:
An easement ten (10) feet in width, the centerline for said easement being an underground power line as constructed, the
approximate location of which 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-mounted facilities within the
easement 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 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 (103 feet of said splice, switchgear and transformer vaults, nor atong the
power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches
bela�v 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 shali be uncovered (exciuding snow) and accessible at all times. Improvements, landscapinq or any
other objects placed in the vicinity of said transformers and switchgear shali 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 wili be kept a
minimum of four (4y 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 ail trees, brush, vegetation and obstructions wlthin 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 executfon 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.
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 whatscever character, except those held by the foilowing: All those of Record.
TO HAVE AND TO HOLD, said right-of-way and easement, together with alt and singular, the rights and privileges appertaining
thereto, unto Grantee, its successon and assigns, forever.
IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this day of
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The individual signing this Holy Cross Energy Underground Right-of-Way Easement hereby represents that he/she has full power
and authoriry to sign, execute, and deliver this instrument.
TOWN OF VAIL, a Colorado municipal corporation
By:
Title:
STATE OF )
) ss.
COUNTY OF l
The foregoing instrument was acknowledged before me this day of
20 , by as of the TOWN OF
VAIL, a Colorado municipal corporation.
WITNE55 my hand and official seal.
My commission expires:
Address:
Notary Pubiic
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