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HomeMy WebLinkAbout2015-13 Comcast Utility Easement for Wall Street RESOLUTION NO. 13 Series of 2015 A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO GRANT A UTILITY/ACCESS 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 227 Wall Street, (the"Easement"); and WHEREAS,the Town wishes to grant Comcast 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 the Town Manager to execute the Easement 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 meeting of the Town Council of the Town of Vail held this 2nd day of June,2015. Andrew P. y Town Mayor ATT - " © 1N 00000 . ' :t�11'e�Z enny ,. : 1't To ( SEAL '. `s • •, 40"• ‘,, LORP = Resolution No. 13,Series 2014 1 UTILITY EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the "Agreement") is dated this day of , 2015, 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. 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. tr 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. 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. 1 5/2611 5 c 1lJS STORAGE DF.SKJOPSSITICASSM1)ELDESJKmPWTILIT?EASEMENT—A0526I5.DOCX 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. r` 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. TOWN OF VAIL,COLORADO Stan Zemler,Town Manager ATTEST: Patty McKenny,Town Clerk 2 5/26115 $WS-SIORAGE1DESKTOPSS'rTK EL'dDES TOPUlTILJTYE4SEAUE TAO$26I5.DOCX GRANTEE By: STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to, and acknowledged before me this day of , 2015, by My commission expires: (SEAL) Notary Public fi 3 5/26/15 II VWS-STORAGEIDESKTOPS$ITKASSMELIDESKTOPI UTILITY EASEMENT-A052615.DOCX "wa I I st 1 and Gore Criik , Chad- - " sa;= "�,.., • _!. Fount 4 to \ , t /iR - • v y..� ...-. •' ' S r+ v w *ill ' /. E I .. I * �. • S ... +u I , • t• it .. 2, '' 4 Easement Location ' .. Comcast service to • ', 227 Wall Street ? "4. • • Wed May 132015 01:27:52 PM. • • . EXHIBIT LOT 1, A RESUBDIVISION OF LOT a & PART OF LOT c, BLOCK 5-C VAIL VILLAGE, FIRST FILING TOWN OF VAIL, EAGLE COUNTY, COLORADO LOTSb & c BLOCK 5—C VAIL VILLAGE FIRST FILING • SCALE: 1" = 10' �3 bb`,, W "52.0� 0°30 5g B GINNING LAZIER ARCADE s, ,4 CORNER OF LOT 1 TRUE CONDOMINIUMS BEG NNINIG T OF POINT OF TERMINUS S 46'56'14" W — 13.59' S0, O N LOT 1 A RESUBDIVISION OF LOT a & PART OF LOT c BLOCK 5—C (REC. No 200817444) -ID VAIL VILLAGE, FIRST FILING 227 WALL STREET ! (REC. No. 199794) O M O Z 0" p PARCEL DESCRIPTION: V A STRIP OF LAND SITUATED IN A PART OF LOT 1, A RESUBDIVISION OF 9 30091 al PART OF LOT a, & PART OF LOT c, BLOCK 5—C, VAIL VILLAGE, FIRST ' 5/11/2015 FILING, PER THE PLAT THEREOF RECORDED MAY 29, 1980 UNDER RECEPTION e` No. 199794 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, I� V-- SAID STRIP BEING 5.00 FEET IN WIDTH AND 2.50 FEET ON EITHER SIDE OF ++''!AC LArw_-- THE FOLLOWING DESCRIBED CENTERLINE, THE SIDELINES OF WHICH BEING LENGTHENED OR SHORTENED TO TERMINATE ON THE SUBJECT PARCEL BOUNDARY, SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:Gore Range BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 1; THENCE Surveying,LLC S70'30'59"W 32.04 FEET ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1 TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID NORTHERLY ro Sax,s km,co IOem BOUNDARY S46'56'14"W 13.59 FEET TO A POINT ON THE WESTERLY WO 4794698•fax(9701479-005S BOUNDARY OF SAID LOT 1, BEING THE POINT OF TERMINUS.