HomeMy WebLinkAboutC02-212 Holy Cross�r
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HOLY CROSS ENERGY
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
EAGLE COUNTY, COLORADO
(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. Drawer 2150, 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:
A parcel of land known as Berry Creek Ranch Filing 5, Edwards, Colorado 81632 in Sections 3 and 4, Township 5
South, Range 82 West of the 6" P.M. as recorded under reception *713859 in the office of the Eagle County,
Colorado Clerk and Recorder.
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 the above mentioned lands, upon
an easement described as follows:
An easement ten (10) feet in width, the centerline for said easement being an underground power line as constructed, the
approximate location of which upon the above described property is shown on Exhibits A & B attached hereto and made a
part hereof by reference.
The rights herein granted specifically allow Grantee to install additional underground and/or pad -mounted facilities within
the easement described by the attached exhibit.
It shall be the Grantor's responsibility to insure 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 it is 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:
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 WHEM Gr�0 or has caused these prresem: to be duly executed on this aG�day ofLq
ss.
COUNTY OF
The foregoing instrument as acknowledc
20_, by
County Board of County Cbmmissioners.
WITNESS my hand and official seal
My commission expires:
W/O#-02-17903:50-90:Berry Creek-51" Filing
EAGLE COLIN OLD O
By:
Title:
Eagle County Board of County Commissioners
C. CZ_
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Veda\Smith\Eagle-Cty
Revised 4-16-01
Eagle
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*-EXISTING UNDERGROUND UNDERGROUND VAULT
i■EXISTING UNDERGROUND PRIMARY TRANSF02MER
-'-}}�-•-■EXISTING UNDERGROUND PRIMARY ELECTRIC RUN
N
■EXISTING OVERHEAD 3-PHASE ELECTRIC LINE
❑ ■PROPOSED UNDERGROUND VAULT
.. _.=PROPOSED UNDERGROUND PRIMARY ELECTRIC RUN
O■PROPOSED OVERHEAD PRIMARY ELECTRIC POLE
O-PROPOSED UNDERGROUND VAULT
BERRY CREEK MIDDLE SCHOOL
NOT TO SCALE
FACILITY LOCATIONS ARE APPROXIMATE
EXHIBIT 'B'
I-70
..
TRENCH, CONDUIT, AND VAULT AGREEMENT
This agreement is made and entered into this 13 day of , a00 Z , between EAGLE
COUNTY, COLORADO, whose mailing address is P.O. Box 850, Eagle Colorado 81631-0850, hereinafter called "Owner",
and Holy Cross Energy, a Colorado corporation whose mailing address is P. 0. Drawer 2150, Glenwood Springs, Colorado
81602, hereafter called "Holy Cross".
WHEREAS, Holy Cross has been requested by the Owner to provide underground electric service within an easement
traversing certain real property described as follows: A parcel of land known as Berry Creek Ranch Filing 5, Edwards,
Colorado 81632 in Sections 3 and 4, Township 5 South, Range 82 West of the 61' P.M. as recorded under reception
#713859 in the office of the Eagle County, Colorado Clerk and Recorder; and
WHEREAS, said electric service will provide power to a project known as: Berry Creek 511 Filing -Pole Relocation.
WHEREAS, installation of such underground electric service will require trench and other excavations both within and
outside of the above described real property; and
WHEREAS, the Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup
needed to construct the required underground electric facilities.
NOW THEREFORE, the Owner and Holy Cross agree as follows:
1. The Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for
installation of underground electric service to said project. Such excavation shall be located as shown on the
construction drawing and performed as specified by Holy Cross.
a. All excavation, both within and outside the above described real property, shall be within dedicated or conveyed
and recorded utility easements.
b. The top of all conduits installed hereunder shall be located 48" below the final grade of the ground surface.
c. The final ground surface grade shall be 6" below the pad of transformer and switchgear vaults and level with the
top of splice vaults.
d. A twelve inch (12") minimum separation will be maintained between conduits installed for the power system and all
other new or existing underground utilities. Wherever possible, this separation will be horizontal. The power line
conduit separation from plastic gas lines shall be greater than this minimum wherever practicable.
e. Holy Cross will supply the necessary conduit and vaults for installation by the Owner upon completion of
contractual arrangements. Owner assumes responsibility for all material lost or damaged after such material has
been issued to and signed for by Owner. Alternatively, Owner may provide its' own conduit and vaults meeting
Holy Cross specifications for use on said project. After installation by the Owner, Holy Cross shall continue as the
owner of the conduit, vaults and related structures and facilities.
f. In the event that conduits or any other installation provided by Owner for said project are found to be unusable or
improperly constructed, irrespective of whether such discovery is made during or after installation, Owner will be
responsible for correcting said problems at its expense as specified by Holy Cross and Owner shall reimburse Holy
Cross for all additional costs resulting from said conduits or other installation being unusable or improperly
constructed.
2. Despite the fact that Holy Cross reserves the right to specify acceptable excavation for work performed hereunder, the
Owner shall perform work hereunder as an independent contractor, including, but not limited to, the hiring and firing
of its own employees, providing its own tools and equipment, payment of all wages, taxes, insurance, employee
withholdings, and fees connected with its work on the project.
3. The Owner shall obtain all necessary digging permits and utility locations prior to excavation for work performed
hereunder. The Owner shall repair all damage caused during excavation promptly and at its expense. No excavation
will be undertaken within five (5) feet of existing underground power lines except under the on site supervision of a
qualified Holy Cross employee.
4. The Owner shall indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss,
liability, claims, expense, suits, causes of action, or judgments for damages to property or injury or death to persons
that may arise out of work performed hereunder. The Owner shall promptly defend Holy Cross whenever legal
proceedings of any kind are brought against it arising out of work performed hereunder. In the event Owner shall fail
to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse it, for all costs, expenses and
attorney fees incurred in defending any such legal proceeding. The Owner agrees to satisfy, pay, and discharge any
and all judgments and fines rendered against Holy Cross arising out of any such proceedings. The above
indemnification clause shall not apply to state and local governments or local service districts. In lieu thereof,
whenever the Owner is a government or district it shall procure and maintain in effect at least $1,000,000 of public
liability insurance covering the acts, damages and expenses described in the above indemnification clause. Upon Holy
Cross' request, such an Owner shall furnish a Certificate of Insurance verifying the existence of such insurance
coverage.
5. The Owner shall repair any excavation settlement and damage to asphalt paving or other surface improvements
caused by such settlement resulting from work performed hereunder, both within and outside the above described real
property, for a period of two (2) years beginning on the date backfill and cleanup are completed.
6. The owner shall stop the growth of thistles and/or other noxious weeds in all areas disturbed by excavation performed
hereunder for a period of two (2) years beginning on the date backfill and cleanup are completed.
7. In the event the Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by
Oivner, Holy Cross may give written notice by registered or certified mail demanding Owner to complete the work and
obligations undertaken by Owner herein, and if such is not completed within 30 days after receipt by Owner, Holy
Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of
completion shall be chargeable to and collectible from the Owner. In the event that litigation is necessary to collect
such obligation, Holy Cross shall be entitled to its reasonable attorney fees and costs of suit.
8. As set forth in paragraph 1 a above, Owner covenants that the trench, and all facilities within the trench installed
hereunder shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below
finished grade. it shall be the obligation of the Owner to properly locate and construct the facilities within the
easement. After completion of construction, if it should later be discovered that such facilities have not been properly
located within dedicated or conveyed and recorded utility easements, or at the proper depth, it shall be the obligation
of the Owner to provide new easements for the actual location of the facilities, or to relocate the facilities within the
easement, all of which shall be at the sole cost and expense of the Owner.
W/O#-02-1 790 3:50-90: Berry Creek-51' Filing Veda\Smith\Eagle-cty Page 1 of 2 Revised 1-02-02
9. It shall be the Owner's responsibility to insure that splice vaults, switchgear vaults and transformer vaults installed
hereunder on said real property are accessible by Holy Cross boom trucks and other necessary equipment and
personnel at all times. The use of such access by Holy Cross 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 tree 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. Owner
hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may
occur as soon as notified by Holy Cross. Said corrections will be made at the sole cost and expense of Owner.
10. The Owner covenants that it is the owner of the above described real property and that said real property is free and
clear of encumbrances and liens of any character, except those held by the following:
The promises, agreements and representations made by the Owner herein shall be covenants that run with the land
and shall be binding upon the successors in interest, and assigns, of the real property herelnabove described.
Holy Cross Energy, �a Colorado corporation EAGLE COLIN , OLORA
By: O.JId 1J By: ----
Ric and . Brinkley,
Gen ral Manager- Regulated Ser ices Title:(/1Q's��
Eagle County Board of County Commissioners
STATE OF
ss.
COUNTY OF
The fqq{{��ggoln Instrume w acknowledgAed before me this of �uxrL 2(,
by /� hQ OD 6Q /9.vC,x a �j2J Eagle County
Board of Commissioners. off .e C.
i
WITNESS m hand and official seal.
y y it 4r
My commission expires: * �11S1.J
01,
rotoaao Neu 6
Address:&L,k— 6t w/,I(
STATE OF
COUNTY OF
) ss.
The foregoing instrument was acknowledged before me this 13tAday of dt�� 20QA,
by Richard D. Brinkley, General Manager - Regulated Services of Holy Cross Energy, Colorado corporation.
WITNESS my hand and official seal.
My commission expires: E3 -q - o 5
W/O#-02-17903:50.90:Berry Creek-Th Filing
Trench, Conduit and Vault Agreement
Holy Cross Energy
Notary Putfic
Address:
Veda\Smith\Eagle-Cry
Page 2 of 2
