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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. . r /I'� ' �' .� ,lI ' �� �:�' .- -•. _I: . - Resolution No. 28, 2012 Andrew P. al Town Mayor oF �q/�� �� ..............: o: v : �. . . . . . .� . . . ►� � . . '!� •��'••.....•�'QP � .". 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 , 20 w/O#12-21687:52-91,93:Vail-Ford Park 3 Phase Revamp:9/14/12 12-216870ppenheimer JV Page 1 of 2 � 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. 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