HomeMy WebLinkAbout2015-08 Holy Cross Utility Easement for Potato PatchRESOLUTION NO.8
Series of 2015
A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO GRANT A
UTILITY/ACCESS EASEMENT TO HOLY CROSS ENERGY;
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 is the owner of certain real property generally described as
Tract A, Block 1, Vail/Potato Patch in Vail, Colorado, (the "Property");
WHEREAS, Holy Cross Energy has existing infrastructure in the proposed
easement to the Vail Substation, the Town grants a utility/access easement to Holy Cross
Energy pursuant to the terms of the Holy Cross Energy Underground Right -Of -Way
Easement (the "Easement") in the form attached hereto as Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The 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 r meeting of the Town
Council of the Town of Vail held this 17th day of March, X15.
Andrew P. D
Town Mayor
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Patty
Town
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acAL
Resolution No. 8, 2015
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, doel hereby
grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. 0. 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, described as follows:
Tract A, Block 1, Vail/Potato Patch, according to the Final Plat thereof, situate in Section 6, Township 5 South,
Range 80 West of the 6th P.M., more particularly described at Reception Nos. 129527 and 702888 in the office
of the Eagle County Clerk and Recorder, 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, within the above mentioned lands, upon an easement 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 described In 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 (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.
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: All those of Record.
TO HAVE AND TO HOLD, said right-of-way and easement, together with ail and singular, the rights and privileges appertaining
thereto, unto Grantee, its successors and assigns, forever.
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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 he/she has full power
and authority to sign, execute, and deliver this instrument.
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
20 , by
municipal corporation.
WITNESS my hand and official seal.
My commission expires:
TOWN OF VAIL, a Colorado municipal corporation
By:
Town Manager
day of ,
as Town Manager of the TOWN OF VAIL, a Colorado
Address:
Notary Public
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EXHIBIT A
An easement being 30 feet in width situate in Tract A, Block 1, Vail/Potato Patch, Town of Vail,
County of Eagle, State of Colorado, being more particularly described as follows:
Beginning at a point on the north right-of-way line of Potato Patch Drive in said Vail/Potato
Patch whence the west quarter corner of Section 6, Township 5 South, Range 80 West of the 6th
Principal Meridian, bears N 63' 10' 18" W 667.33 feet; thence N 55' 26' 10" W 124.91 feet;
thence N 51' 36' 05" W 117.21 feet; thence N 48' 10' 00" W 218.83 feet; thence N 33' 56' 05" W
7.38 feet to the north line of said Tract A; thence N 88' 34' 11" W 39.37 feet along the north
line of said Tract A; thence S 38' 56' 05" E 35.30 feet; thence S 48' 10' 00" E 222.16 feet;
thence S 51' 36' 05" E 119.12 feet; thence S 55' 26' 10" E 120.13 feet to said north right-of-way
line of Potato Patch Drive; thence along said north right-of-way line of Potato Patch Drive from a
tangent bearing N 44' 17' 35" E, northeasterly 30.55 feet along the arc of a 747.30 foot radius
curve to the right, having a central angle of 02' 20' 33" which arc subtends a chord bearing N
45' 27' 52" E 30.55 feet to the point of beginning, containing 0.332 acres more or less.
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