24-25213 Underground Easement and Right-of-WayW/O # 24-25213:50-63:Avon Nottingham Trail Xfmr Move 7/1/24 KH Page 1 of 2 Revised 032124
HOLY CROSS ENERGY
UNDERGROUND DESCRIPTION EASEMENT AND RIGHT-OF-WAY
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
TOWN OF AVON, a Colorado municipal corporation
(hereinafter called "Grantor" whether singular, plural or an entity), for good and valuable consideration, the receipt whereof
is hereby acknowledged, does hereby grant to Holy Cross Energy, a Colorado cooperative association, whose post office
address is P. O. Box 2150, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, an
easement and the right of ingress and egress (“Easement”) across all lands of Grantor “Land,” situate in the County of
Eagle, State of Colorado, described as follows:
Tract G, Block 2 situate in Section 11, Township 5 South, Range 82 West of the 6th P.M., as more fully
described by the Correction Plat at Reception Number 202409899 in the records of the Eagle County Clerk and
Recorder’s Office, Eagle, Colorado, attached as EXHIBIT A.
The grant of the Easement includes, without limitation, the right to: construct, reconstruct, repair, change, enlarge, re-
phase, increase voltage, change design, operate, and maintain an underground electric transmission or distribution line or
lines, or both, with the underground vaults, conduits, fixtures, and equipment used or useable in connection therewith,
together with associated equipment required above ground. The rights herein granted specifically allow Grantee to install
additional underground and surface pad-mounted facilities within the Easement area described herein. The grant of the
Easement includes without limitation any communications facilities, fiber optic facilities, wireless transmitters, receivers,
phone line carrier equipment and other communication equipment of any kind whether owned by Grantee or others, within
the above mentioned Land, upon an Easement as described in the attached EXHIBIT B.
An Easement area ten (10) feet in width, the centerline for said Easement area being one or more underground power lines
as constructed, the approximate location of which upon the above described Land is shown on Exhibit A attached hereto
and made a part hereof by reference.
It shall be the Grantor’s responsibility to ensure that above ground facilities including without limitation: splice vaults,
switchgear vaults, and transformer vaults installed hereunder on the Land are always accessible by Grantee’s boom trucks
and other necessary equipment and personnel. The use of 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 feet of any
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 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 always accessible. 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 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 feet
from non-opening sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the
requirements of this Easement 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.
The grant of the Easement includes the right to remove all trees, brush, vegetation, improvements, and obstructions within
said Easement area and the right to pile spoils outside said Easement area whether during construction and maintenance
or otherwise, when such is reasonably necessary for the implementation and use of the rights herein granted. In areas
where vegetation is disturbed using the Easement, the ground surface shall be seeded once using a standard native mix by
Grantee. Grantor agrees that landscaping, vegetation, or other improvements added on said Easement area after the date
of this Easement will be a violation of this agreement, and Grantee will not be responsible for damage to said additional
landscaping, vegetation, or improvements caused by exercise of Grantor’s rights granted by this Easement.
Grantor agrees that all facilities installed by Grantee on the easement area shall remain the property of Grantee and shall
be removable at the option of Grantee.
Grantor covenants that Grantor is the owner of the above-described Land and that the Land is free and clear of
encumbrances and liens of whatsoever character, except those held by the following: All those of Record as of the date of
this easement. Grantor shall eliminate the encumbrances or liens on the Easement upon demand of Grantee.
TO HAVE AND TO HOLD, this Easement and right-of-way, together with all and singular, the actual and implied rights and
privileges appertaining thereto, unto Grantee, its successors and assigns, forever.
Exhibit A
CorrecƟon Plat
As Recorded at RecepƟon Number 202409899
in the records of the Eagle County Clerk and
Recorder’s Office, Eagle, Colorado
Exhibit B
Easement Description