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TC Res. No. 2012-11 Underground Right of Way Easement Lot 1TOWN OF AVON RESOLUTION NO. 12 -11 Series of 2012 A RESOLUTION APPROVING UNDERGROUND RIGHT -OF -WAY EASEMENT AGREEMENT WITH HOLY CROSS ENERGY FOR THE PROVISION OF UNDERGROUND FACILITIES ON LOTS lA AND 1B, RESUBDIVISION OF LOT 1, SWIFT GULCH ADDITION, AVON WHEREAS, the Town of Avon (the "Town ") sought a cost estimate from Holy Cross Energy regarding the provision of underground facilities for power 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, the underground facilities must be installed on Town owned land located on Lots IA and 1B, Resubdivision of Lot 1, Swift Gulch Addition, which requires the granting of an 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, 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 IN Rich Carroll, Mayor Memo To: Honorable Mayor and Town Council Initials Thru: Patty McKenny, Acting Town Manager Legal: Eric Heil, Town Attorney From: Justin Hildreth, P.E., Town Engineer Jim Horsley, Project Engineer Date: August 28, 2012 Re: Resolution No. 12-11 Series 2012: A Resolution Approving Holy Cross Energy Underground Right -Of -Way 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 -11 Series 2012 (Exhibit A) an Underground Right -Of -Way Easement Agreement (Agreement) between the Town of Avon and Holy Cross Energy for the 1 -70 Regional Transportation Operations Facility (RTOF) Project. The overall project involves removal and relocation of the existing modular office building, demolition and construction of a new bus storage, wash, and maintenance facility, and installation of associated utilities and infrastructure. The Agreement with Holy Cross Energy, attached as Exhibit B, is required to facilitate installation of facilities to provide electric service to the relocated Modular Office Building approximately 500' north of the current location. DISCUSSION: The attached Agreement allows Holy Cross Energy the right of access to property to construct, repair, operate, and maintain underground and aboveground electric facilities. The Agreement also specifies clearance requirements between aboveground electric facilities and any improvements including landscaping. 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. The Town Attorney has reviewed and approved the Agreement. FINANCIAL IMPLICATIONS: A separate document, not specifically a part of this Agreement and attached as Exhibit C, is required to initiate the work. This document was executed by Staff and required that the Town remit $37,600 to Holy Cross Energy for the labor, equipment, and materials required for the installation. The $37,600 is within the utilities budget for the 1 -70 RTOF Project. A portion of the charge for this utility installation and the $16,400 previously remitted for the transformer upgrade south of the proposed bus storage, wash, and maintenance facility is eligible for reimbursement by Holy Cross Energy. The Town will be reimbursed at a rate of 20% of annual metered usage for a ten year period up to a maximum of $30,200. REQUESTED ACTION: Staff requests that Council approve Resolution No. 12 -11 Series 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. Holy Cross Energy Underground Right -Of -Way Easement Agreement August 28, 2012 Page 2 of 2 ATTACHMENTS: Exhibit A Resolution No. 12-11 Series 2012 Exhibit B Holy Cross Energy Signed Letter Agreement Exhibit C Holy Cross Energy Underground Right -Of -Way Easement Agreement TOWN MANAGER COMMENTS: MI. = EXHIBIT 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 lA 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 By: Rich Carroll, ayor By: CA� ty Town Clerk EXHIBIT B HOLY CROSS ENERGY UNDERGROUND RIGHT -OF -WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, TOWN OF AVON, a municipal corporation (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. Box 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: Lots 1 A and 1 B, Resubdivision of Lot 1, Swift Gulch Addition, according to the Final Plat thereof, situated in Section 12, Township 5 South, Range 82 West of the 6th P.M., more particularly described in Reception Nos. 663529 and 201023289 in the office of the Eagle County Clerk and Recorder, Eagle, Colorado. 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. Grantor understands that, upon the recording of an acceptable survey described easement intended to replace this instrument upon the above described lands and upon the sole determination of the Grantee, Grantee shall quit claim this instrument. The rights herein granted specifically allow Grantee to install additional underground and /or pad- mounted facilities within the easement described herein. It shall be the Grantor's responsibility to ensure 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: All those of Record. 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 WHEREOF, Grantor has caused these presents to be duly executed on this day of - -- - -- -- 2 0 . W /O #12 -21617:50- 69Avon -Swift Gulch Transit Center Revamp:8 /14112 12 -21617 Horlsey \ The individual signing this Holy Cross Energy Underground Right -of -Way Easement hereby represents that he /she has full power and authority to sign, execute, and deliver this instrument. TOWN OF AVON, a municipal corporation By: STATE OF ) ss. COUNTY OF ) Mayor The foregoing instrument was acknowledged before me this day of _ 20 , by as Mayor of the TOWN OF AVON, a municipal corporation. WITNESS my hand and official seal. My commission expires: Address: Notary Public W /O #1 2 -2161 7:50- 69:Avon -Swift Gulch Transit Center Revamp:8 /1 4/12 12 -21617 Horsley c, S s o $ . Ss0,�0 August 14, 2012 Town of Avon ATTN: Jim Horsley PO Box 975 Avon, CO 81620 RE: Avon - Swift Gulch Transit Center Revamp Dear Jim: EXHIBIT C 3799 HIGHWAY 82 • PO. BOX 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945 -5491 • FAX (970) 945 -4081 Holy Cross Energy has completed a design and cost estimate for providing electric service to the above referenced project, hereinafter the "Project ". Our facilities will be installed as shown on the attached sketch. The owner or developer of the subject Project is hereinafter referred to as the "Owner ". The estimated cost of construction is as follows: Total estimated cost of underground construction Construction deposit consisting of equivalent overhead credits (refundable) $30,200.00 Contribution in aid of construction (nonrecoverable) 23.800.00 Total payment required before starting work on the project $54,000.00 Less prepayment received 16 400.00 Additional payment required $37,600.00 $54,000.00 The above figures are only estimates. After the job has been completed, the actual cost of construction will be determined. The Owner's contribution and deposit will be adjusted to reflect the actual cost by making a refund or further assessment. Execution of this document constitutes the Owner's agreement to pay any further assessment in a timely manner. Adjusted construction deposits are available for refund over a ten year period as specified by Holy Cross Energy's Line Extension Policy. Refunds will be paid to Town of Avon unless otherwise directed in writing. Our power facilities must be installed on an easement. Please execute and return the enclosed document. The following conditions are hereby noted: Lot corners or other locations will be provided by the Owner as needed to ensure that our facilities are installed as shown on the attached sketch. Holy Cross Energy has implemented a policy which requires that the Owner provide all excavation, backfill, compaction and cleanup needed for installation of the underground power system extension to serve the Project. The Owner must also set all vaults and install all conduits as specified by Holy Cross Energy's design for the Project and the enclosed construction specifications. Holy Cross Energy will supply all material which can be picked up by the Owner at the appropriate storage yard. The cost of this material is included in the job cost estimate. The attached Trench Agreement must be properly executed by the Owner and returned prior to the start of excavation. A Tinichsa+ne Energy' Co,,pemrive ?�Itr Y Town of Avon Attn: Jim Horsley August 14, 2012 Page Two 3. No excavation will be undertaken within five (5) feet of existing underground power lines except under the on -site supervision of a Holy Cross Energy employee. 4. The route of our proposed underground power line extension must be at final grade and free of obstructions before power line construction is started. S. All water lines, sewer lines, or other excavations in conflict with our proposed facilities must be completed, backfilled and clearly marked before power line construction can be started. 6. It shall be the Owner's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder for the Project 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 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. 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 Energy. Said corrections will be made at the sole cost and expense of Owner. 7. Secondary voltage available will be 208Y/120, three - phase. 8. Secondary voltage available will be 480Y/277, three - phase. 9. Secondary facilities shall be installed in accordance with National Electrical Code and Holy Cross Energy specifications. All meter locations must be approved. Any service over 200 amps or 240 volts must have prior written approval from Holy Cross Energy. 10. It will be the Owner's responsibility to extend underground secondary entrance conductors from the pad- mounted transformer to points of power usage. 11. All underground services shall be installed in conduit ahead of the meter. All underground services must be in conduit beneath roads, driveways, and other areas of difficult excavation. 12. Low voltage starting will be required on all three -phase motors larger than 25 HP and all single - phase motors larger than 10 HP. 13. Motor protection from phase loss and other voltage problems should be provided. This equipment shall be installed and maintained at the expense of the Owner. 14. It shall be the Owner's responsibility to protect their electric equipment from temporary over voltage or under voltage situations resulting from causes beyond the control of Holy Cross Energy. 15. The above mentioned cost estimate does not include connect fees or meter deposits, if required. Arrangements for payment of these items and for scheduling the actual meter installation should be made through the local Holy Cross Energy office. t Town of Avon Attn: Jim Horsley August 14, 2012 Page Three 16. We attempt to complete all projects in a timely manner. However, highest priority is given to maintaining service to our existing consumers. This fact, along with inevitable construction delays, will not allow us to guarantee a project completion date. 17. All Holy Cross Energy rules and regulations will be followed. When Holy Cross Energy is in receipt of the Owner's check in the amount of $37,600.00, all necessary executed easements, other permits, if required, a completed "Residential Load Information and Meter Location" form or "Commercial Load and Metering Equipment Information" form, the executed trench agreement, and the signed original of this letter agreement (below), the job can be scheduled for construction. Sincerely, HOLY CROSS ENERGY, Jeffrey P. Vroom, Engineering Department ivroom@holycross.com (970) 947 -5425 J PV: vw Enclosure W /O #12 -2161 7:50- 69:Avon -Swift Gulch Transit Center Revamp The above terms and conditions are her by agreed to and accepted By: - -- Title. ,a'� 7 Date: _ d� � 7 — 2.0 / Z W r' r r z � N co i� r, aa�� xcai� 3oo3W a� v W�+Z ww � Zw 0 w¢ CL aCL I Nz Oo i F- Q 00 Z0 I U