HomeMy WebLinkAbout2018-10 Holy Cross Utility Easement for Potato PatchRESOLUTION NO. 10
Series of 2018
A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO GRANT A
UTILITY/ACCESS EASEMENT TO HOLY CROSS ENERGY;
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 Tract
C and a Portion of Lot 8, Vail/Potato Patch, according to the Final Plat thereof, situate in
Section 6, Township 5 South, Range 80 West of the 6th P.M., as more fully described at
Reception Numbers 129527, 137265, 154791,and 285802 in the records of the Eagle
County Clerk and Recorder's Office, Eagle, Colorado in Vail, Colorado, (the "Property");
WHEREAS, the Town desires to relocate Holy Cross Energy existing
infrastructure to the Property to facilitate the construction of Red Sandstone Elementary
School Parking Structure, and
WHEREAS, the Town desires to grant an additional utility/access easement to
Holy Cross Energy within the Property, 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. 10, Series 2018
INTRODUCED, PASSED AND ADOPTED at a regulmeetin_ o rj he Town
Council of the Town of Vail held this 6th day of M. • , 0 ; I i /
/. ,
•ave Chapi IV I
Town Mayor
Resolution No. 10, Series 2018
HOLY CROSS ENERGY
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
TOWN OF VAIL, 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 21 50, 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:
Tract C and a Portion of Lot 8, Vail/Potato Patch, according to the Final Plat thereof, situate in Section 6, Township
5 South, Range 80 West of the 6th P.M., as more fully described at Reception Numbers 129527, 137265, 1 54791 ,
and 285802 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 an easement upon the above
described lands in their entirety.
Grantor understands that, upon the recording of an acceptable 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 vacate 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 (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
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 they are 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.
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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.
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.
TOWN OF VAIL, a Colorado municipal corporation
By:
Mayor
STATE OF
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20 , by
as Mayor of TOWN OF VAIL, a Colorado municipal corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
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