TC Res. No. 2012-21 Approving Public Srv Co Easement L1A,L1B Resubd of L1 SWG AdditionTOWN OF AVON
RESOLUTION NO. 12921
Series of 2012
A RESOLUTION APPROVING PUBLIC SERVICE COMPANY OF COLORADO
EASEMENT ON LOTS IA AND 1B, RESUBDIVISION OF LOT 1, SWIFT GULCH
ADDITION, AVON, COLORADO
WHEREAS, the Town of Avon (the "Town ") sought a cost estimate from Xcel Energy
regarding the provision of underground facilities for natural gas service to the relocated Public
Works Modular Office and relocating the service to the Fleet Maintenance Building; and
WHEREAS, Xcel Energy provided the Town with an estimate of $3,752 for the installation and
relocation of the underground facilities; and
WHEREAS, underground facilities must be installed on Town owned land located on Lots IA
and 1B, Resubdivision of Lot 1, Swift Gulch Addition, Avon, Colorado which requires the
granting of a temporary underground easement to Public Service Company of Colorado.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON THAT:
The Town Council of the Town of Avon hereby approves the Underground Right -of -Way
Easement on Lots I and 1B, Resubdivision of Lot 1, Swift Gulch Addition, Avon,
Colorado and authorizes the Mayor to sign the agreement granting an easement to Public
Service Company of Colorado, attached hereto as Exhibit B.
ACCEPTED, APPROVED AND ADOPTED November 13, 2012.
AVON TOWN COUNCIL
By:
By p!JtZ(wk- 1 aq
l�
Catherine Mythen, Deputy Town Cl k �A
0
Memo
To: Honorable Mayor and Town Council
Thru: Patty McKenny, Acting Town Manager
From: Justin Hildreth, P.E., Town Engineer
Date:
Re:
Jim Horsley, Project Engineer
November 13; 2012
Resolution No. 12-21 Series 2012: A Resolution Approving Public Service Company of
Colorado Easement on Lots 1A and 113, Resubdivision of Lot 1, Swift Gulch Addition, Avon,
Colorado
SUMMARY:
This memorandum is submitted to Town Council to present Resolution No. 12 -21 Series 2012 (Exhibit A) an
Easement Agreement (Agreement) between the Town of Avon and Public Service Company of Colorado for
the 1 -70 Regional Transportation Operations Facility (RTOF) Project. The project involves installation of utilities
and infrastructure, relocation of the existing modular office building, and construction of a new bus storage,
wash, and maintenance facility. The Agreement with Public Service Company of Colorado, attached as Exhibit
B, is required to facilitate installation of facilities to provide natural gas service to the bus storage building, the
Fleet Maintenance building, and the relocated Modular Office building.
DISCUSSION:
The attached Agreement allows Public Service Company of Colorado the right of access to the property in
order to construct, repair, operate, and maintain underground and aboveground natural gas appurtenances.
The Agreement provides for a temporary blanket easement for the property to expedite construction. A
survey described easement based on as -built conditions will be prepared and replace this instrument when
construction is completed.
FINANCIAL IMPLICATIONS:
The Town was required to remit $3,752 to Xcel Energy for the labor, equipment, and materials required for
the installation. The $3,752 is within the utilities budget for the RTOF Project.
REQUESTED ACTION: Staff requests that Council approve Resolution No. 12 -21 Series 2012: A Resolution
Approving Public Service Company of Colorado Easement on Lots 1A and 113, Resubdivision of Lot 1, Swift
Gulch Addition, Avon, Colorado.
ATTACHMENTS:
Exhibit A Resolution No. 12-21 Series 2012
Exhibit B Public Service Company of Colorado Easement
Exhibit C Map of Swift Gulch Addition Lots 1A and 113
TOWN MANAGER COMMENTS:
Division: Mtn ROW Agent: N Hibbert Doc. No.:
Easement Location: Eagle Description Author: 194882
County,CO Address: 1123 W 3rd Ave Denver, CO 80213 S12, T5S, R82W, 6th PM.
PUBLIC SERVICE COMPANY OF COLORADO EASEMENT
The undersigned Grantor hereby acknowledges receipt of good and valuable consideration from PUBLIC
SERVICE COMPANY OF COLORADO (Company), 1800 Larimer Street, Denver, Colorado, 80202, in
consideration of which Grantor(s) hereby grants unto said Company, its successors and assigns, a non - exclusive
easement to construct, operate, maintain, repair, and replace utility lines and all fixtures and devices, used or
useful in the operation of said lines, through, over, under, across, and along a course as said lines may be
hereafter constructed in Section 12, Township 5S, Range 82 West of the 6th Principal Meridian in the County of
Eagle, State of Colorado:
Swift Gulch Addition, Lots 1A and 1B
A non - exclusive easement over, under, through and across the above mentioned property for the construction,
operation, maintenance, repair and replacement of gas, electric and communication lines and distribution systems
and appurtenances thereto as may be necessary to provide such services within this development or property
contiguous thereto, excepting however, building envelopes as they are shown on the final recorded plat.
The Grantor, upon completion of the installation, at his sole cost and expense, shall have the option to cause a
survey to be made of the utility lines as constructed. Grantor and Grantee shall, thereafter, agree on a legal
description for the easement, based on the survey, which easement shall extend five feet on each side of and
contiguous to the utility lines as installed. The Grantor shall thereafter execute and deliver to the Grantee a
replacement easement in the same form as this easement conveying to the Grantee an easement over, under,
through and across the surveyed legal description. The Grantee shall not record this easement unless the
Grantor fails to complete the survey, execute and deliver the replacement easement to the Grantee, within sixty
(60) days of the completion of the aforesaid installation.
Together with the right to enter upon said premises, to survey, construct, maintain, operate, repair, replace,
control, and use said utility lines and related fixtures and devices, and to remove objects interfering therewith,
including the trimming of trees and bushes, and together with the right to use so much of the adjoining premises of
Grantor during surveying, construction, maintenance, repair, removal, or replacement of said utility lines and
related fixtures and devices as may be required to permit the operation of standard utility construction or repair
machinery. The Grantor reserves the right to use and occupy the easement for any purpose consistent with the
rights and privileges above granted and which will not interfere with or endanger any of the said Company's
facilities therein or use thereof. Such reservations by the Grantor shall in no event include the right to erect or
cause to be erected any buildings or structures upon the easement granted or to locate any mobile home or trailer
units thereon. In case of the permanent abandonment of the easement, all right, privilege, and interest granted
shall terminate.
The work of installing and maintaining said lines and fixtures shall be done with care; the surface along the
easement shall be restored substantially to its original level and condition.
Signed this 1 �5 day of PN� QX 2012.
(Type or print name below each signature line with official title if corporation, partnership, etc.):
STATE OF COLORADQ, )
COUNTY OF �d 2__ )ss
was
M
before me this
GRANTOR
Town of Avon
X
rm a d title
13�_ day of Aevexp& , 2012
Version: 11/96
Witness my hand and official eal.
My commission expires 5 1 \ \
C / \ NOTARY PUBLIC
LIE.
TA
• O
�9T�AO.VBOLO PO
MY Commission Expires 05/11/2014
Version: 11/96
Memo
To: Honorable Mayor and Town Council
Thru: Patty McKenny, Acting Town Manager
From: Justin Hildreth, P.E., Town Engineer
Date:
Re:
Jim Horsley, Project Engineer
November 13; 2012
Resolution No. 12-21 Series 2012: A Resolution Approving. Public Service Company of
Colorado Easement on Lots 1A and 113, Resubdivision of Lot 1, Swift Gulch Addition, Avon,
Colorado
SUMMARY:
This memorandum is submitted to Town Council to present Resolution No. 12 -21 Series 2012 (Exhibit A) an
Easement Agreement (Agreement) between the Town of Avon and Public Service Company of Colorado for
the 1 -70 Regional Transportation Operations Facility (RTOF) Project. The project involves installation of utilities
and infrastructure, relocation of the existing modular office building, and construction of a new bus storage,
wash, and maintenance facility. The Agreement with Public Service Company of Colorado, attached as Exhibit
B, is required to facilitate installation of facilities to provide natural gas service to the bus storage building, the
Fleet Maintenance building, and the relocated Modular Office building.
DISCUSSION:
The attached Agreement allows Public Service Company of Colorado the right of access to the property in
order to construct, repair, operate, and maintain underground and aboveground natural gas appurtenances.
The Agreement provides for a temporary blanket easement for the property to expedite construction. A
survey described easement based on as -built conditions will be prepared and replace this instrument when
construction is completed.
FINANCIAL IMPLICATIONS:
The Town was required to remit $3,752 to Xcel Energy for the labor, equipment, and materials required for
the installation. The $3,752 is within the utilities budget for the RTOF Project.
REQUESTED ACTION: Staff requests that Council approve Resolution No. 12 -21 Series 2012: A Resolution
Approving Public Service Company of Colorado Easement on Lots 1A and 16, Resubdivision of Lot 1, Swift
Gulch Addition, Avon, Colorado.
ATTACHMENTS:
Exhibit A Resolution No. 12 -21 Series 2012
Exhibit B Public Service Company of Colorado Easement
Exhibit C Map of Swift Gulch Addition Lots 1A and 1B
TOWN MANAGER COMMENTS:
APPENDIX A
TOWN OF AVON
RESOLUTION NO. 12 -11
Series of 2012
A RESOLUTION APPROVING HOLY CROSS ENERGY UNDERGROUND
RIGHT -OF -WAY EASEMENT ON LOTS 1A AND 1B, RESUBDIVISION OF LOT 1,
SWIFT GULCH ADDITION, AVON, COLORADO
WHEREAS, the Town of Avon (the "Town ") sought a cost estimate from Holy Cross Energy
regarding the provision of underground facilities for electric service to the relocated Public
Works Modular Office; and
WHEREAS, Holy Cross Energy provided the Town with an estimate of $37,600 for the
installation of the underground facilities; and
WHEREAS, underground facilities must be installed on Town owned land located on Lots IA
and 1B, Resubdivision of Lot 1, Swift Gulch Addition, Avon, Colorado which requires the
granting of a temporary underground right -of -way easement to Holy Cross Energy.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON THAT:
The Town Council of the Town of Avon hereby approves the Underground Right -of -Way
Easement on Lots I and 1B, Resubdivision of Lot 1, Swift Gulch Addition, Avon,
Colorado and authorizes the Mayor to sign the agreement granting an easement to Holy
Cross Energy, attached hereto as Exhibit B.
ACCEPTED, APPROVED AND ADOPTED August 28, 2012.
AVON TOWN COUNCIL
am
Catherine Mythen, Deputy Town Clerk
Rich Carroll, Mayor
Division: Mtn ROW Agent: N Hibbert Doc. No.:
Easement Location: Eagle Description Author: 194882
County,CO Address: 1123 W 3`d Ave Denver, CO 80213 S12, T5S, R82W, 6th PM.
PUBLIC SERVICE COMPANY OF COLORADO EASEMENT
The undersigned Grantor hereby acknowledges receipt of good and valuable consideration from PUBLIC
SERVICE COMPANY OF COLORADO (Company), 1800 Larimer Street, Denver, Colorado, 80202, in
consideration of which Grantor(s) hereby grants unto said Company, its successors and assigns, a non - exclusive
easement to construct, operate, maintain, repair, and replace utility lines and all fixtures and devices, used or
useful in the operation of said lines, through, over, under, across, and along a course as said lines may be
hereafter constructed in Section 12, Township 5S, Range 82 West of the 6th Principal Meridian in the County of
Eagle, State of Colorado:
Swift Gulch Addition, Lots 1A and 1 B
A non - exclusive easement over, under, through and across the above mentioned property for the construction,
operation, maintenance, repair and replacement of gas, electric and communication lines and distribution systems
and appurtenances thereto as may be necessary to provide such services within this development or property
contiguous thereto, excepting however, building envelopes as they are shown on the final recorded plat.
The Grantor, upon completion of the installation, at his sole cost and expense, shall have the option to cause a
survey to be made of the utility lines as constructed. Grantor and Grantee shall, thereafter, agree on a legal
description for the easement, based on the survey, which easement shall extend five feet on each side of and
contiguous to the utility lines as installed. The Grantor shall thereafter execute and deliver to the Grantee a
replacement easement in the same form as this easement conveying to the Grantee an easement over, under,
through and across the surveyed legal description. The Grantee shall not record this easement unless the
Grantor fails to complete the survey, execute and deliver the replacement easement to the Grantee, within sixty
(60) days of the completion of the aforesaid installation.
Together with the right to enter upon said premises, to survey, construct, maintain, operate, repair, replace,
control, and use said utility lines and related fixtures and devices, and to remove objects interfering therewith,
including the trimming of trees and bushes, and together with the right to use so much of the adjoining premises of
Grantor during surveying, construction, maintenance, repair, removal, or replacement of said utility lines and
related fixtures and devices as may be required to permit the operation of standard utility construction or repair
machinery. The Grantor reserves the right to use and occupy the easement for any purpose consistent with the
rights and privileges above granted and which will not interfere with or endanger any of the said Company's
facilities therein or use thereof. Such reservations by the Grantor shall in no event include the right to erect or
cause to be erected any buildings or structures upon the easement granted or to locate any mobile home or trailer
units thereon. In case of the permanent abandonment of the easement, all right, privilege, and interest granted
shall terminate.
The work of installing and maintaining said lines and fixtures shall be done with care; the surface along the
easement shall be restored substantially to its original level and condition.
Signed this day of 12012.
(Type or print name below each signature line with official title if corporation, partnership, etc.):
STATE OF COLORADO, )
COUNTY OF )ss
The foregoing instrument was acknowledged before me this
by:
GRANTOR
Town of Avon
X
Printed name and title
day of , 2012
Version: 11/96
Witness my hand and official seal.
My commission expires
APPENDIX B
NOTARY PUBLIC
Version: 11/96
IBIT C
LOT 1A SWIFT GULCH ADDITION
SEC 12 TWNSHP 5s RNGE 82w
500 SWIFT GULCH ROAD
AVON
RELOCATED PUBLIC WORKS BUILDING
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INSTALL 2" PE MAIN FROM 2" PE MAIN. EXISTING 2" PE MAIN IN MAIN DRIVEWAY
TO PUBLIC WORKS AREA.
I( GARY HOLMES HAS APPROVED CUSTOMER PROVIDED TRENCH BY FCI
(CONSTRUCTORS.
SITE CONTACT GARY PADILLA 970 - 331 -1979 OR JIM HORSLEY 970 - 7484134
ISD = 12/31/12 CUSTOMER REQUESTED NEED DATE ASAP
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INSTALL 2" PE MAIN FROM 2" PE MAIN. EXISTING 2" PE MAIN IN MAIN DRIVEWAY
TO PUBLIC WORKS AREA.
I( GARY HOLMES HAS APPROVED CUSTOMER PROVIDED TRENCH BY FCI
(CONSTRUCTORS.
SITE CONTACT GARY PADILLA 970 - 331 -1979 OR JIM HORSLEY 970 - 7484134
ISD = 12/31/12 CUSTOMER REQUESTED NEED DATE ASAP