HomeMy WebLinkAbout2014-13 Holy Cross Easement Timber RidgeRESOLUTION NO. 13
Series of 2014
A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO GRANT AN
UNDERGROUND RIGHT -OF -WAY EASEMENT TO HOLY CROSS ENERGY
TO FACILITATE THE REDEVELOPMENT OF THE TIMBER RIDGE
VILLAGE APARTMENTS; 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
Lots 1 & 2, Timber Ridge Subdivision located at 1281 and 1265 North Frontage Road in
Vail, Colorado, (the "Property ");
WHEREAS, the Town wishes to facilitate the redevelopment of the Timber Ridge
Village Apartments (the "Apartments ") consistent with the approved development plan,
WHEREAS, to accomplish the redevelopment of the Apartments the Town
desires to grant an underground right -of -way 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 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.
Resolution No. 13, Series 2014
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 15th day of April, 2 a4.
Resolution No. 13, Series 2014
Andrew P. Daly
Town Mayor
S
HOLY CROSS ENERGY
UNDERGROUND RIGHT -OF -WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
TOWN OF VAIL, COLORADO, 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. 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:
Lots 1 & 2, Timber Ridge Subdivision, according to the Final Plat thereof, situated in Section 12, Township 5 South, Range 81 West
of the 6th P.M., more particularly described at Reception No. 201402611 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.
Grantor understands that, upon the recording of an acceptable amended plat containing public utility easements intended to
replace this instrument on the above described lands, and upon the sole determination of the Grantee, Grantee shall quit claim
this instrument.
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 0 0) 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 all 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, COLORADO,
a Colorado municipal corporation
By:
Mayor
_ day of
as Mayor of the TOWN OF VAIL, COLORADO, a Colorado
Address:
Notary Public
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