HomeMy WebLinkAboutC11-181 Electric Power Easement EAGLE COUNTY. CO 20 1 1 1 2227
TEAK J SIMONTON
s
REC: 1.00 DOC : 12:07An 06/28/20 1 1
X111 II 1 11111 Hill I11111111 Hill X111 11181 1111 1111
ELECTRIC POWER EASEMENT
This ELECTRIC POWER EASEMENT (the "Easement ") is granted this Jy day
of 2011 by Eagle County, State of Colorado by and through its Board of County
Co missioners, a body corporate and politic whose legal address is 500 Broadway, P.O.
Box 850, Eagle, CO 81631, as Grantor, and The Town of Gypsum, whose legal address is
0050 Lundgren Boulevard, P.O. Box 130, Gypsum, CO 81637, as Grantee.
RECITALS
WHEREAS, for purposes herein, Grantor is the owner of real property located in
Eagle County, Colorado known as the Eagle County Airport, ( "Airport") according to the
Second Amended Exemption Plat, Eagle County Maintenance Service Center recorded in
the real property records of Eagle County at Reception #200727259, dated October 11,
2007 ( "Grantor's Property"); and
WHEREAS, for purposes herein, Grantee has agreed to accept ownership of a
new electric service ( "Electric Service ") to be installed and constructed by the Town of
Gypsum or such other person or entity as may be authorized by Grantee to service real
property located in Eagle County, Colorado known as the Electric Service for the
streetlights at the intersection of Jules Drive and Cooley Mesa Road and such other
properties as Grantee may determine to serve from the Electric Service; and
WHEREAS, the Electric Service will be installed and constructed through a portion
of Grantor's Property, and the installation, construction, maintenance, and operation of
the Electric Service requires an easement on, under, and across Grantor's Property; and
WHEREAS, the Parties desire to create this Easement across Grantor's Property
for the installation, construction, maintenance, and operation of the Electric Service.
NOW, THEREFORE, in consideration of the mutual public benefits to be derived
thereby, and other good and valuable consideration, the Parties hereby agree:
1. Grant of Easement. Grantor hereby grants and conveys a revocable, non-
exclusive ten -foot (10') wide easement for the purpose of excavating for,
constructing, installing, maintaining, inspecting, repairing, replacing,
operating, changing, altering, and removing an underground Electric
Service, including all necessary facilities, utilities, manholes, and piping,
upon, and across Grantor's Property as more particularly described in
Exhibit A, Revocable Utility Easement Legal Description, and Exhibit B, 10'
Town of Gypsum Jules - Cooley streetlight esmt. 2011 -03 -30 C_1
201112227 1 OF 9
Revocable Utility Easement, attached hereto and incorporated herein by
reference.
TOGETHER with necessary and reasonable access for equipment and
personnel from the airport's Instrument Landing System (ILS) transformer
to the streetlights to be located at the intersection of Jules Drive and
Cooley Mesa Road and otherwise by such easement route as shall
occasion the least practicable damage and inconvenience to Grantor's
Property and as may be necessary to exercise, maintain, and repair the
easement all subject to the terms set forth herein.
2. Electric Service Construction. Grantee, or Grantee's contractor shall
construct the Electric Service no later than December 31, 2012. If
construction of an Electric Service has not commenced by October 1, 2012
then this Easement shall terminate and shall be of no force and effect.
3. Operations, Maintenance, and Repair Cost. Grantee shall operate,
maintain, repair, and replace the Electric Service.
4. Whenever, in the reasonable opinion of Grantor, the Electric Service
interferes with its use of, or operations on the premises, Grantor may
notify Grantee who then shall relocate, lower and reconstruct the Electric
Service to the depth or along the route specified by Grantor at the Grantee
cost.
5. Grantor reserves the right to use and enjoy the easement property to the
fullest possible extent without unreasonable interference with the
exercise by Grantee of the rights granted herein. Grantor reserves the
right to place along, across and over the easement as many roads, streets,
sidewalks, passageways, electric lights and power lines, water lines, sewer
lines, gas lines, telephone poles, telephone lines and other utilities as
grantor may desire. If any utility line is placed parallel to the easement,
these lines shall not be placed directly over any pipeline in the easement.
Town of Gypsum Jules - Cooley streetlight esmt. 2011 -03 -30 C-2
6. The final grade of the surface in areas of the easement property in which
initial construction or reconstruction of the Electric Service will take place
shall be the same as the grade in the easement area before any work
begins. Grantee shall in no circumstances alter the grade of the land
surface, and any temporary alteration necessary for Electric Service
construction shall be promptly restored.
7. The rights herein include the rights to install above - ground structures
appurtenant to the Electric Service, provided that such structures shall be
kept to a minimum reasonably required for the operation and
maintenance of the Electric Service; provided that a disconnect may be
located in the ILS area as approved by the Grantor; and provided further
that above - ground structures within safety areas are frangible breakaway
fixtures and do not exceed a height of more than three inches (3 ") above
the surface grade, or such lesser height as may be required to conform to
Federal Aviation Administration rules and regulations applicable to the
Airport.
8. Any impacted concrete, roto -mill, or asphalt shall be restored to at least a
depth of eight inches (8 ") if using concrete or twelve inches (12 ") if using
asphalt after compaction and rolling, with reinforcement, to an equivalent
strength of 4,000 PSI concrete, on 3/4" aggregate with slump of 3 or 4, air
entrained. If using asphalt, asphalt shall be applied in lifts not to exceed
three inches prior to compaction. If using roto -mill, the 4" maximum lifts
shall be wetted and compacted to 95% Proctor density.
9. Access to the fenced areas of the Airport shall be limited to the times and
routes designated from time -to time by and at the sole discretion of the
Grantor. In all events, persons accessing such areas must comply with the
Airport Security Plan, Federal Aviation Administration security rules and
regulations, and such other Airport Rules and Regulations as may be
applicable to the Airport.
10. Emergency construction, reconstruction, replacement, removal, repair and
maintenance within the fenced areas of the Airport shall require prior
notice to the Airport Manager or his designee and coordination with the
Grantor to minimize the impact on Airport operations. Non - emergency
Town of Gypsum Jules - Cooley streetlight esmt. 2011 -03 -30 C -3
construction, reconstruction, replacement, removal, repair and
maintenance within the fenced areas of the Airport shall require at least
48 hours prior notice to the Airport Manager or his designee, and shall be
limited to off -peak air traffic hours as designated from time to time by and
at the sole discretion of the County.
11. Access to the areas of the easement not within the fenced areas of the
Airport shall be at all reasonable times with a view to minimizing
interference with Airport operations and Airport customers.
12. Grantee agrees that it shall maintain and use the easement granted by this
instrument in such a manner that the operation of it will not hinder or
prevent the proper and reasonable use and enjoyment of the property
through which the easement is granted.
13. Notices. Any notice to be given to any party pursuant to any provision of
this Easement shall be in writing and shall be: (i) hand delivered to such
party, or (ii) sent by telecopy to the telecopy number listed below, or (iii)
sent by federal express or other nationally recognized overnight courier
service to the address set forth below. If hand delivered, notice shall be
deemed received when delivered; if telecopied, notice shall be deemed
received upon confirmation of receipt; and if sent by Federal Express or
other nationally- recognized overnight carrier service, notice shall be
deemed received one business day after having been deposited with such
overnight courier service if designated for next day delivery addressed as
follows:
Grantor:
Eagle County Airport
Physical Address:
219 Eldon Wilson Road
Gypsum, CO 81637
Telecopy No.: (970) 328 -2687
Mailing Address:
Town of Gypsum Jules - Cooley streetlight esmt. 2011 -03 -30 C -4
Eagle County Airport
Post Office Box 850
Eagle, CO 81631
With a copy to: Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telecopy No. (970) 328 -8699
Grantee:
Town Manager
Town of Gypsum
0050 Lundgren Boulevard
P.O. Box 130
Gypsum, CO 81637
Telecopy No.: (970) 524 -7522
14. Binding Effect. This easement and the rights provided herein are not
assignable by Gypsum except to a public entity in the event the Electric
Service is transferred by Gypsum to such public entity. In such event,
Gypsum shall promptly give notice to County of the assignment. Without
limiting the provisions of the preceding sentence hereof, this Electric
Service Easement shall inure to the benefit of and be binding upon the
parties, their heirs, devisees, successors, and assigns, and shall run with
the Grantor's Property.
15. Duly Authorized Signatories. By executing this Easement, the undersigned
each individually represent that he or she is duly authorized to execute
Town of Gypsum Jules - Cooley streetlight esmt. 2011 -03 -30 C-5
•
and deliver this Easement and that the subject Party shall be bound by the
signatory's execution of this Easement.
EXECUTED as of the date first written above.
GRANTOR:
EAGLE COUNTY, COLORADO
By and Through its Board of County
Comm:
Jon Chairman
ATTEST:
ls. 1
Te: Simonton, t erk to the Board t . / *
aP
GRANTEE:
TOWN OF GYPS U u
Steve Carver, Mayor
Town of Gypsum Jules - Cooley streetlight esmt. 2011-03-30 C_6
201112227 6 OF 9
ATTEST:
oF
r r_
A/ Z.
f'Cti -
Danette Schlegel, T• n Clerk 40 F .
•
After recording return to:
Town of Gypsum
P.O. Box 130
Gypsum, CO 81637
Town of Gypsum Jules - Cooley streetlight esmt. 2011 -03 -30 C-7
201112227 7 OF 9
• r
J &K, INC.
EXHIBITA
REVOCABLE UTILITY EASEMENT
LEGAL DESCRIPTION
(SHEET I OF 2)
A 10' Revocable Utility Easement located in Tract 66, Section 4, Township 5 South, Range 85 West of the
Sixth P.M. within Parcel B of the Eagle County Maintenance Service Center as described on the Exemption
Plat thereof, recorded October I I, 2007 at Reception No. 200727259 at the Eagle County Clerk and
Recorders Office, Eagle, Colorado with the bearings described hereon based on a bearing of S89 °59'29 "E
for the 3 — 4 line for Tract 65 of said township and range, both Corner No. 3 and No. 4 being marked on
the ground with a 2 1/2" G.L.O. brass cap on 1" iron pipe, found in place, the centerline for said 10'
Revocable Utility Easement being more particularly described as follows:
Beginning at a point within said Eagle County Maintenance Service Center, Parcel B, from which said
Corner No. 4 of Tract 65, bears N24 °00'22 "E, 1237.45 feet; thence S90 ° 00'00 "W, 151.05 feet to a point
on the East side of an existing 30' Utility Easement recorded at Reception No. 200727259 and the Point of
Terminus, from which said Corner No. 3 of Tract 65 bears N60 °31'41 "W, 2298.42 feet. The sides of said
10' Revocable Utility Easement to be lengthened or shortened to terminate at said East side of 30' Utility
Easement.
John D. McMahan, PLS #37934
J &K, Inc.
INTEGRITY FROM THE GROUND UP"'
P 970 328 6368 F 970 328 1035 POST OFFICE BOX 409 1286 CHAMBERS AVENUE, SUITE 200 EAGLE, COLORADO 81631 KINC.COM
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