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HomeMy WebLinkAboutC21-471 Yampa Valley Electric TelecommunicationsWHEN RECORDlm, RETURN TO: Yampa Valley Electric Association, Inc. Attn:RO'ii' Department 2211 Elk River Road Steamboat Springs, CO 80487 WO# 35987 PIN 168709100019 TRACT 022 YAMPA VALLEY ELECTRIC ASSOCIATION, INC. TELECOMMUNICATIONS AND ACCESS EASEMENT 1. GRANT. For good and valuable consideration, the receipt whereof is hereby acknowledged, THE COUNTY OF EAGLE, STATE OF COLORADO, whose address is PO BOX 850, EAGLE, CO 81631, hereby grants unto YAMPA VALLEY ELECTRIC ASSOCIATION, INC., a cooperative association of the State of Colorado, (hereinafter called the "Cooperative") whose address is 2211 Elk River Road, Steamboat Springs, Colorado, 80487, and to its successors and assigns ("Grantee") a Telecommunications and Access Easement (this "Easement'') for the purposes described below and which is more particularly described as: An easemeot twenty foot (20') in width, IO feet on either side of the centerline of Grantee's facilities as presently constructed and as described below located in Lot 2, Section 9, Township 2 South, Range 84 West of the 6 111 P.M. on, over, and across Grantor's property as described in the Eagle County Records, State of Colorado at ~eption No. 582939. Said easement generally shown on Exhibit A attached hereto and incorporated herein by reference. Notwithstanding the depiction of the easements granted herein in Exhibit A, utilities as installed to become centerline of said easement. The easements granted herein include such additional area as is necessary to properly guy, angle and dead-end structures located on the Easement. The Easement grant includes the right to construct overhead and/or underground communications systems or a combination thereof for the use and benefit of Grantee and its employees, agents, licensees, invitees, contractors, and lessees. 2. EASEMENT USE. Grantor grants this Easement to Grantee for the erection, construction, reconstruction, replacement, modification, up rating, upgrading, removal, maintenance, and operation of telecommunications lines or system, including poles, monopoles, cross-arms, wires, cables, equipment, fixtures, structures and systems for the transmission or provision of commercial and non- commercial telecommunications services, advanced services and fiber optic services (including without limitation the transmission of voice, video and data signals and the leasing, licensing or other transfer of use of dark fiber strands), upon or under the Easement. This Easement includes the right of ingress and egress across the above property to construct, inspect and make such repairs, changes, alterations, improvements, removal from, substitutions and additions to facilities located within the Easement as Grantee may from time to time deem advisable, including by way of example and not by way of limitation: (a) the right to increase or decrease the number of poles, monopoles, fixtures, guy wires, conduits, wires, cables, transfonners, vaults, sectionalizers, enclosures and pedestals; (b) the right, at Grantee's option, to replace any above ground facilities with underground facilities used for the same or similar purposes and to reconstruct, replace, remove, maintain and upgrade such underground facilities. · 3. NON-EXCLUSIVITY, PERPETUITY. This Easement shall be non-exclusive, perpetual, and shall run with the land. 4. GRANTOR COVENANTS. Grantor further agrees that Grantor shall not within the Easement (a) erect or construct any building or other structure (including but not limited to mobile homes or travel trailers); (b) store flammable or explosive materials; (c) stack any objects or materials; (d) conduct fueling operations; (e) construct, install or operate above ground mechanical irrigation facilities which could make contact with Grantee's wires, poles, or facilities; (f) drill wells or conduct mining operations; (g) alter the grade of the ground surface; (h) undertake or allow any action that might impair the lateral or subjacent support for Grantee's facilities or access roads; nor undertake or allow any action or use that might interfere with Grantee's uses or endanger or damage Grantee's facilities. Upon receipt of written notice from Grantee identifying material or property deemed by Grantee to interfere with the safe operation or maintenance of Grantee's lines or facilities, Grantor shall remove the material or property within 10 days. If there is a failure to so remove the material within 10 days, Grantee may remove the material or property and collect the costs of such removal from Grantor. Grantor agrees to obtain Grantee's prior written consent before granting any subsequent easement encumbering the Easement or access to the Easement. DocuSign Envelope ID: 520412A9-C692-4DAA-9BE1-69CE735DB9EA WHEN RECORDltD, Q'tORN 'l'O; Yampa Valley Electric Association, Inc. Attn:ROff Department 2211 Elk River Road Stealllboat Springs, CO 8 0487 WO# 3598"/ PIN 168709100019 TRACT 022 5. GRANTOR WARRANTS. Grantor warrants that: (a) Grantor is the owner of the land on which the Easement is situated, (b) Grantor has full authority to grant the Easement, (c) the individual or individuals signing this Easement have full authority to sign the Easement on behalf of the Grantor, and ( d) the rights granted herein are subject only to easements of record and mineral rights of record in third parties. 6. GRANTEE MAINTENANCE. Grantee may at any time cut, remove, clear away, trim and control, by chemical means, machinery or otherwise, trees, brush and shrubbery whether on the Easement or adjacent thereto which now or may at any time, in the exclusive opinion of Grantee, interfere with the safe construction, operation and maintenance of the telecommunication lines and facilities, and the equipment and structures used in connection therewith. Grantee may also install and use gates in all of Grantor's fences which now or may in the future cross or be adjacent to the Easement Grantee shall exercise reasonable care and diligence to avoid damage to Grantor's real property, fences, crops, and other personal property located on or adjacent to the Easement. 7. GRANTEE FACILITIES. All structures, poles, wires and other facilities installed on, across, and under the Easement at Grantee's expense shall remain the property of Grantee, removable at the sole discretion of Grantee; provided, however, that any fences, gates, culverts or ditches constructed by Grantee may be conveyed to Grantor on such terms and conditions and at such times as may be mutually agreed upon by Grantor and Grantee. 8. NON-USE, TERMINATION. Non-use or limited use of this Easement shall not prevent Grantee from thereafter making full use of the Easement. 9. MISCELLANEOUS. The provisions of this Easement shall be binding upon and shall inure to the benefit of the licensees. lessees, contractors, agents, heirs, executors, successors and assigns of the Grantor and Grantee. The rights, privileges and obligations granted and created hereunder may be assigned, licensed or othetwise conveyed or transferred, in who le or in part. Grantee shall be entitled to all remedies at law or in equity to enforce the tenns of this Agreement or to recover damages for breach. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable or not run with the ]and, such holding shall not affect the validity or enforceability of the remainder of this Agreement. The headings and captions in this Agreement are used for convenience only and shall not be construed to affect its meaning. GRANTORS signs this Telecommunications and Access Easement on ______ , 202 I. EAGLE COUNTY, BOARD OF CO~IONERS x _____________________ _ Name: ___________________ _ Title: ____________________ _ [ACKNOWLEDGEMENT ON FOLLOWING PAGE] DocuSign Envelope ID: 520412A9-C692-4DAA-9BE1-69CE735DB9EA Matt Scherr Chair, Board of County Commissione 12/7/2021 WBBN RBCOBDED, Rlt'l'URN 'l'O: Yampa Va l ley El ectric Association, I nc . Attn:ROW Department 2211 Elk River Road Steamboat Springs, co 80487 ACKNOWLEDGMENT STATE OF -----------ss: CO UNTY OF The foregoing instrument was ackno wledged before me on WO# 35987 PIN 168709100019 TRACT 0 22 ______________ , 2021, by ___________ _ I TS ________ _ EAGLE COUNTY BOARD OF COMMISSIONERS as Grantor(s). Witness my h and and off i cial seal. My commission expires Notary Public DocuSign Envelope ID: 520412A9-C692-4DAA-9BE1-69CE735DB9EA ~ YAMPA VALLEY EWTRIC AliSOO.I.TIOII ~ ......... 168709100019 ------~,..---... ------· EXHIBIT "A" MAP 20 FT EASEMENT. 10 FT ON EITHER SIDE OF CENTER LINE PIN: 168709100019 Owner: BOARD OF COUNTY COMMISSIONERS N A Legend ··-\ L • • ,1 EagleCounty selection Existing Power Pole o Existing Power Pole -Primary Overhead • • • Primary Underground DocuSign Envelope ID: 520412A9-C692-4DAA-9BE1-69CE735DB9EA