HomeMy WebLinkAbout2008-24 an Ordinance Approving a Holy Cross Utility Easement within the Town of Vail Open Space Located between Matterhorn Circle and Upper Matterhorn Circle
ORDINANCE NO. 24
Series of 2008
AN ORDINANCE APPROVING A HOLY CROSS UTILITY EASEMENT WITHIN THE
TOWN OF VAIL OPEN SPACE LOCATED BETWEEN MATTERHORN CIRCLE AND
UPPER MATTERHORN CIRCLE; 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"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and
WHEREAS, the Town Open Space between Matterhorn Circle and upper
Matterhorn Circle, as shown in the attached Exhibit A, currently has electrical overhead
lines even though a utility easement agreement has never been entered into between
the Town and Holy Cross Energy ("Holy Cross"); and
WHEREAS, at the request and cost of a private homeowner, Holy Cross desires
to bury the current overhead electrical lines; and
WHEREAS, the Town desires to dedicate a utility easement for that portion of
Open Space owned by the Town; and
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 Town
Open Space between Matterhorn Circle and upper Matterhorn Circle.
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. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 4. The Council hereby finds, determines and declares that this
Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Ordinance No. 24, Series 2008
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008, and
a public hearing for second reading of this Ordinance set for the 18th day of November,
2008, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
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~ S.~A~ ; ichard Clevelan
• : own Mayor
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ATTES
Yor-elei Don Idson
wn lerk
READ AND APPROVED ON SECOND READING AND ORDERED PPUBLISHE this
18th day of November, 2008.
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Richard Cleve n
Town Mayor
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O~tA.OF. V~
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L ele' Donaldson
Town Clerk '
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0666 :
Ordinance No. 24, Series 2008
HOLY CROSS ENERGY
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
TOWN OF VAIL, COLORADO, A 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 reasonable ingress and egress across lands of
Grantor, situate in the. County of Eagle, State of Colorado, described as foilows:
A parcel of land located in Section 12, Township 5 South, Range 81 West of the 61" P.M., as more fully described in
that deed recorded by Reception No. 195612, in the records of the Eagle County Clerk and Recorder's Office,
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 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 (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 aecessible 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 wili 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 wili be minimized and that Grantee wili 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:
TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertaining
thereto, unto Grantee, its successors and assigns, forever.
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 it has fuil power and
authority to sign, execute, and deliver this instrument.
TOWN OF VAIL, COLORADO, A MUNICIPAL CORPOR
By:
n_ Mayo STATE OF
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COUNTY OF ss. Eax IR.
The f regoing instrument was acknowle ged before me this day of ZO
by (~IeUN~qiy,r _ as Mayor of t OWN OF VAIL, COLORADO, a municipal corporation.
WITNESS my hand and official seal.
My commissig~;~616~l.apJlS Nota
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EXHIBIT A ~
LEGAL DESCRIPTION ~
A 10.0 FOOT WIDE EASEMENT LYING 5.0 FEET ON EITHER SIDE OF THE FOLLOWING ~
DESCRIBED CENTERLINE, LOCATED WITHIN A PART OF NE'/< OF THE SW Y<, SECTION 12,
TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6TH P.M., COUNfY OF EAGLE, STATE OF ~
COLORADO, THE SIDES OF SAID EASEMENT LENGTHEN OR SHORTEN AT THE j
BOUNDARIES, SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: j
COMMENCING AT THE SOUTHWEST CORNER OF PARKSIDE VILLAS - PHASE II, AS
DESCRIBED IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER AT
RECEPT[ON No. 200816850, WHENCE THE SOUTHEAST CORNER OF SAID PARKSIDE VILLAS -
PHASE II BEARS S 84038'26"E A DISTANCE OF 145.56 FEET FORMING THE BASIS OF BEARING
FOR THIS DESCRIPTION.
THENCE ALONG THE SOUTH LINE OF SAID PARKSIDE VILLAS - PHASE II S 84038'26"E A
DISTANCE OF 10.40 FEET TO THE TRUE POINT OF BEGIMNING.
THENCE DEPARTING SAID SOUTH LINE OF PARI{SIDE VILLAS - PHASE II THE FOLLOWING
SIX (6) COURSES:
1) S 05°16'13" E A DISTANCE OF 7.36 FEET;
2) S 00°31'24" W A DISTANCE OF 26.67 FEET;
3) S 09°14'06" W A DISTANCE OF 28.37 FEET;
4) S]3°29'S6" W A DISTANCE OF 24.14 FEET;
5) S 02°43'53" W A DISTANCE OF 16.59 FEET;
6) S 52°3712" W A DISTANCE OF 11.64 FEET TO THE POINT OF TERMINUS.
SAID PARCEL CONTAINING 0.026 ACRES MORE OR LESS.
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BRENT BIGGS PLS#27598
FOR AND ON THE BEHALF OF
PEAK LAND CONSULTANTS, INC.
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PARKSIDE VILLAS
(RECEPTION No. 579314)
CENTER 1 /4 CORNEf2
SECTION 12
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PARKSIDE VILLAS
PHASE II
(RECEPTION No. 200816850)
P.O.C.
T.P.O.B.
m - 584-38'26"E - 145.56'
(BASIS OF qE RING~-'
10.40' I I
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(RECEPTION No. 195612)
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LINE TABLE ? LINE LENGTH BEARING , ,
= E1 7.36 S05'16'13"E SCALE.• 1'=30
E2 26.67 S00'31'24"W
¢ E3 28.37 S09'14'06"W
E4 24.14 S13'29'56"W EXHIBIT A- HOLYCROSS EASEMENT o,
; E5 16.59 S02'43'S3"w UNpL,e,TTED LAND
E6 11.64 S52'37'12"W
6
TOWN OF VAIL