HomeMy WebLinkAbout2014-23 Timber Ridge EasementRESOLUTION NO. 23
Series of 2014
A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO GRANT AN
EASEMENT TO NEWPATH NETWORKS FOR THE CONSTRUCTION AND
OPERATION OF UTILITY FACILITIES; 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, Timber Ridge Subdivision located at 1281 North Frontage Road in Vail,
Colorado, (the "Property"); and
WHEREAS, the Town wishes grant a utility easement to NewPath Networks
across the Property in the form attached hereto as Exhibit A (the "Easement").
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 to
execute the Easement on behalf of the Town in substantially the same form as attached
hereto as EMU 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 meeting of the Town
Council of the Town of Vail held this 2"d day of September, 2014.
.C�OF V
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udwig Kurz
ayor Pro Tem
Resolution No. 13, Series 2014
UTILITY EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT
2014, by the
municipality (the "Town"), and
(the "Agreement") is dated this _
Town of Vail, Colorado, a Colorado
("Grantee").
_day of
home rule
WHEREAS, Grantee desires to acquire an easement for the purpose of the construction
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 ten dollars ($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 to this Easement Agreement hereby 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 operation of utility facilities. Grantee shall
have the right of ingress and egress, consistent with this Agreement, upon the Easement
Property for the construction, reconstruction, operation, maintenance and/or removal of the
utility facilities.
Section 2. Construction and Maintenance of Utility Facilities. Grantee shall be solely
responsible for constructing and maintaining the utility facilities.
Section 3. Relocation. Within sixty (60) days of receipt of written notice from the
Town, Grantee shall relocate the utilities 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 construction of structure(s) over the
Easement Property.
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. 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 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.
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 McKenney, Town Clerk
By:
STATE OF COLORADO )
) ss.
COUNTY OF )
TOWN OF VAIL, COLORADO
Stan Zemler, Town Manager
GRANTEE
The foregoing instrument was subscribed, sworn to, and acknowledged before me this
day of , 2014, by
My commission expires:
(S EAL)
Notary Public