HomeMy WebLinkAbout2015-29 Fire Hydrant Easement with ERWSDRESOLUTION NO. 29
Series of 2015
A RESOLUTION APPROVING A UTILITY EASEMENT BETWEEN THE TOWN
OF VAIL AND EAGLE RIVER WATER AND SANITATION DISTRICT; 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 will grant a utility easement to Eagle River Water and
Sanitation District (ERWSD) to allow for the installation and maintenance of a Fire
Hydrant and Air Vac Vent;
WHEREAS, the utility easement is located within Tract A, along Rockledge
Road;
WHEREAS, the Council's approval of Resolution No. 2 9, Series 2015, is
required to grant the easement to ERWSD;
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO THAT:
Section 1. The Council hereby approves the easement and authorizes
the Town Manager to grant the easement to ERWSD on behalf of the Town 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 VOPTED at a regular meeting of the Town
Council of the Town of Vail held this 15 day of September, 2015.
Resolution No. 29, Series of 2015
9 oF.
SEAL
,ndrew P. D
own Mayor
EXHIBIT A
UTILITY EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (the "Agreement") is dated this day of
, 2015, by and between the Town of Vail, Colorado, a Colorado home
rule municipality (the "Town"), and Eagle River Water and Sanitation District ("Grantee").
WHEREAS, Grantee desires to acquire an easement for the purpose of the installation
and operation of utility facilities upon and beneath the surface of the property described in
Exhibit A, attached hereto and incorporated herein by this reference (the "Easement Property");
and
WHEREAS, the Town is willing to convey an easement to Grantee for the aforesaid
purposes on the terms and conditions set forth below.
NOW, THEREFORE, for and in consideration of the sum of $10 paid by Grantee to the
Town, the covenants of Grantee herein contained, and other good and valuable consideration, the
receipt, adequacy, and sufficiency of which are hereby acknowledged, the parties hereto
covenant and agree as follows:
Section 1. Conveyance of Easement. The Town does hereby grant and convey unto
Grantee, it successors, assigns, lessees, licensees, and agents, an easement upon and beneath the
surface of the Easement Property for the installation and operation of utility facilities consisting a
water line, hydrant, underground conduits, air vac vent, and other appurtenant fixtures and
equipment necessary or useful for distributing water services. Grantee shall have the right of
ingress and egress, consistent with this Agreement, upon the Easement Property for the
construction, reconstruction, operation, maintenance and removal of the utility facilities.
Section 2. Use of Easement Property. Grantee shall be solely responsible for
installation and maintaining the utility facilities. In making any excavation on the Easement
Property, Grantee shall make the same in such manner as will cause the least injury to the surface
of the ground around such excavation, and shall replace the earth so removed by it and restore
the area to as near the same condition as it was prior to such excavation as is practical.
Section 3. Relocation. Within 60 days of receipt of written notice from the Town,
Grantee shall relocate the utility facilities within the Easement Property at Grantee's sole cost
and expense.
Section 4. Retained Rights. The Town shall have all rights to the Easement Property
not expressly granted hereby, including the right to construct structure(s) over the Easement
Property, so long as such structures do not interfere with Grantee's rights under this Agreement.
Section 5. Miscellaneous.
a. All provisions herein contained, including the benefits, burdens and
covenants, are intended to run with the land and shall be binding upon and inure to the
benefit of the respective successors and assigns of the parties hereto.
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1 VWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPWES 29 EXHIBIT A.DOCX
b. Grantee shall insure itself against liability, loss, or damages arising out of
the construction, existence, use, operation or maintenance of the utility facilities.
C. This Agreement constitutes all of the agreements, understandings, and
promises between the parties hereto with respect to the subject matter hereof.
d. The Town and its officers, attorneys and employees are relying on, and do
not waive or intend to waive by any provision of this Agreement, the monetary
limitations or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise
available to the Town and its officers, attorneys or employees.
e. Grantee agrees to indemnify and hold harmless the Town and its officers,
insurers, volunteers, representative, agents, employees, heirs and assigns from and against
all claims, liability, damages, losses, expenses and demands, including attorney fees, on
account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any
other loss of any kind whatsoever, which arise out of or are in any manner connected
with this Agreement or the Easement Property if such injury, loss, or damage is caused in
whole or in part by, the act, omission, error, professional error, mistake, negligence, or
other fault of Grantee, any subcontractor of Grantee, or any officer, employee,
representative, or agent of Grantee, or which arise out of a worker's compensation claim
of any employee of Grantee or of any employee of any subcontractor of Grantee.
f. There are no third -party beneficiaries to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their
respective duly authorized officers as of the date and year first above written.
ATTEST:
Patty McKenny, Town Clerk
TOWN OF VAIL, COLORADO
Stan Zemler, Town Manager
2
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11VWS-STORAGEIDESKTOPS$ TNAGEDDESKTOPIRES 29 EXHIBIT A.DOCX
GRANTEE
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing instrument was subscribed, sworn to, and acknowledged before me this
day of , 2015, by
My commission expires:
(SEAL)
Notary Public
9110115
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