HomeMy WebLinkAbout2016-39 Comcast Utility Easement for Gore Valley TrailRESOLUTION NO. 39
Series of 2016
A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO GRANT A
UTILITY EASEMENT TO COMCAST OF COLORADO VI, LLC;
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, Comcast of Colorado VI, LLC ("Comcast") is requesting an
easement from the Town to install service to several areas along the Gore Valley Trail
and
WHEREAS, there are currently no recorded easements that will allow this to
occur.
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 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 ADOPTED at a regular mee ing of the Town
Council of the Town of Vail held this 20th day of Dec- r, 0
.t'
ave Ch • sin V I
Town Mayor
Resolution No. 39, Series 2016
UTILITY EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (the "Agreement") is dated this day of
, 2016, by and between the Town of Vail, Colorado, a Colorado home
rule municipality (the "Town"), and Comcast of Colorado VI, LLC ("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
of wires, underground conduits, cables, pedestals, vaults, above -ground enclosures, markers,
concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing
broadband services and other like communications. 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. Grantee shall not alter the structure of existing
bridges in any way without the express written permission of the Town. This shall include
attaching additional conduits, service lines, hangers or other appurtenances. The Town may
require that Grantee obtain an engineering review of any proposed alterations. In addition,
Grantee shall obtain Town permission prior to performing any work on the Easement Property
which might impact use of the Gore Valley Trail and shall obtain all relevant right of way
permits first. 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.
///11/16
Comcast Easement
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.
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. Grantee shall abide by
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
2
TOWN OF VAIL, COLORADO
Stan Zemler, Town Manager
11/11/16
Comcast Easement
By:
STATE OF COLORADO
COUNTY OF
) ss.
‘P
GRANTEE
Michael. Spaulding,,
Vice President of Engineering
Cable Management
The foregoing day of insft ument was subscribed, sw rn to' ,
and acknowledge betore me this
ay vs�nd , 2016, by %L /
My commission expires:
(SEAL)
TERESA MALLOY
Notary Public
State of Colorado
3
Notary Public
II/II/I6
Comcast Easement
EXHIBIT A
PARCEL DESCRIPTION:
A STRIP OF LAND SITUATED IN A PART OF TRACT B, VAIL/LIONSHEAD FIRST
FILING, PER THE PLAT THEREOF RECORDED MAY 10, 1970 UNDER RECEPTION
No. 113260, AND IN A PART OF TRACTS A AND B, VAIL/LIONSHEAD SECOND
FILING, PER THE PLAT THEREOF RECORDED OCTOBER 15, 1971 UNDER
RECEPTION No. 117680, AND IN A PART OF LOT 5, A RESUBDIVISION OF
LOT 1, BLOCK 1, VAIL/LIONSHEAD SECOND FILING, PER THE PLAT THEREOF
RECORDED JANUARY 17, 1975 UNDER RECEPTION No. 134354, ALL RECORD
DOCUMENT REFERENCES ARE TO THOSE REAL ESTATE RECORDS OF THE
OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID STRIP BEING
TEN FEET IN WIDTH AND LYING FIVE FEET ON EITHER SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID TRACT B; THENCE
ALONG THE NORTHERLY BOUNDARY OF SAID TRACT...B N71'34'36"W 25.00
FEET; THENCE S63'25'24"W 49.53 FEET TO THE TRUE POINT OF BEGINNING;
THENCE DEPARTING SAID NORTHERLY BOUNDARY S23'41'40"E 17.69 FEET;
THENCE N66'18'20"E 27.06 FEET; THENCE 58.58' ALONG THE ARC OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 60.00 FEET, AN INTERIOR ANGLE
OF 55'56'08" AND A CHORD WHICH BEARS S85'43'36"E 56.28 FEET; THENCE
26.64 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 121.00 FEET, AN INTERIOR ANGLE OF 12'36'58" AND A CHORD WHICH
BEARS S64'04'01"E 26.59 FEET; THENCE S70'22'30"E 74.41 FEET; THENCE
38.18 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS
OF 162.00 FEET, AN INTERIOR ANGLE OF 13'30'11" AND A CHORD WHICH
BEARS S63'37'25"E 38.09 FEET; THENCE S56'52'19"E 44.09 FEET; THENCE
43.43 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 161.00 FEET, AN INTERIOR ANGLE OF 15'27'21" AND A CHORD WHICH
BEARS S64'35'59"E 43.30 FEET; THENCE 42.29 FEET ALONG THE ARC OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, AN INTERIOR
ANGLE OF 12'06'57" AND A CHORD WHICH BEARS 566'16'11"E 42.21 FEET;
THENCE S60'12'43"E 2.94 FEET; THENCE S56'38'29"E 29.57 FEET; THENCE
55.72 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 40.00 FEET, AN INTERIOR ANGLE OF 79'48'33" AND A CHORD WHICH
BEARS N83'27'15"E 51.32 FEET; THENCE N43'32'S8"E 64.73 FEET; THENCE
24.83 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS
OF 51.00 FEET, AN INTERIOR ANGLE OF 27'53'56" AND A CHORD WHICH
BEARS N57'29'56"E 24.59 FEET; THENCE S18'33'06"E 12.44 FEET TO THE
POINT OF TERMINUS, SAID POINT BEING ON THE EASTERLY LINE OF SAID
TRACT A FROM WHENCE THE NORTHEASTERLY CORNER OF SAID TRACT A
BEARS N45'03'56"E 6.90 FEET.
Gore Range
Surveying, uc
P.0 Box c5
A•00. CO 81,120
(9271471-8698 • fax 19701 4744755
SHEET 1 OF 2
EXHIBIT A
80
SCALE: 1" = 80'
Ti?. LOT 10
sF%VILLAGE
0�/z �c SECOND FILING
160
Feet
N 45'03'56" E 6.90'
8=27'53'56"
R=51.00'
L=24.83'
ChB=N57'29'56"E
ChL=24.59'
LOT 5
RESUB. LOT 1, BLOCK 1
VAIL/LIONSHEAD
SECOND FILING
LOT 6
RESUB. LOT 1, BLOCK 1
VAIL/LIONSHEAD
SECOND FILING
(LODGE AT LIONSHEAD
PHASE III)
TRACT J, BLOCK 1
VAIL HEAD POINT OF BEGINNING
FIRSTST FILING NORTHEASTERLY CORNER TRACT B
S 56'38'29" E - 29.57'-
S 60'12'43" E - 2.94'
8=12'06'57"
R=200.00'
L=42.29'
ChB=S66'16'11"E
ChL=42.21'
S 70'22'30" E - 74.41'
=12'36'58"
R=121.00'
L=26.64'
ChB=S64'04'01 "E
ChL=26.59'
PORTION SITUATED IN
LOT 6 NOT INCLUDED I
EASEMENT PARCEL
LOT 7, BLOCK 1
VAIL/LIONSHEAD
FIRST FILING
(LODGE AT
LIONSHEAD)
Gore Range
/ FSurveying, u.c
LOT A,
A RESUBDIVISION OF
LOT 9
VAIL VILLAGE
SECOND FILING
POINT OF
TERMINUS
S 18'33'06" E -
N 43'32'5
12.44'
E - 64.73'
8= 79'48'33"
R=40.00'
L-55.72'
ChB=N83'27'15"E
ChL=51.32'
t:=15'27'21"
R=161.00'
L=43.43'
ChB=S64'35'59"E
ChL=43.30'
S 56'52'19" E - 44.09'
A=13'30'11"
R=162.00'
L=38.18'
ChB=563'37'25"E
ChL=38.09'
= 55'56'08"
R=60.00'
L=58.58'
ChB=S85'43'36"E
ChL=56.28'
N 71'34'36" W - 25.00'
S 63'25'24" W - 49.53'
TRUE POINT OF
BEGINNING
P.0 Bar 15
• " Min, coaleo
1975
1 479.808 •tax (4T0I :74-0055
T
N 66'18'20" E - 27.06'
S 23'41'40" - 17.69'
TRACT B
VAIL/LIONSHEAD
SECOND FILING
SHEET 2 OF 2
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