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HomeMy WebLinkAboutRa App-HOLY CROSS ENERGY Electric EasementHOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, HIGH MESA PARTNERS, LLC (hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, do 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 GARFIELD, State of Colorado, described as follows: SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF 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 ( 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 Exhibit A 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 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 covenant that 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 WHEREOF, Grantor has caused these presents to be duly executed on this day of , 20 . The individual signing this Holy Cross Energy Underground Right-of-Way Easement hereby represent that he or she has full power and authority to sign, execute, and deliver this instrument. By: STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by: High Mesa Partners, LLC Robert Graham, Manager WITNESS my hand and official seal. My commission expires: Notary Public Address: W/O#04- Revised 9-14-04 EXHIBIT “A” UTILITY, INFRASTRUCTURE, AND MAINTENANCE EASEMENT A PARCEL OF LAND BEING PREVIOUSLY DESCRIBED IN A QUITCLAIM DEED RECORDED AT THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE AS RECEPTION NO. 759300, FOR THE PURPOSE OF A BLANKET EASEMENT TO INCLUDE UTILITIES, INFRASTRUCTURE, AND MAINTENANCE SITUATE IN THE S1/2 OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 96 WEST, AND THE NW1/4SW1/4 OF SECTION 19, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER SOUTH 1/16 CORNER OF SAID SECTION 24, A 3 1/4" BLM ALUMINUM CAP IN PLACE; THENCE N88°39'44"E 1882.31 FEET TO A POINT ON THE SOUTHERLY LINE OF THE N1/2SE1/4 OF SAID SECTION 24, THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY LINE N00°03'02"W 960.40 FEET; THENCE N89°15'10"E 1664.00 FEET; THENCE S00°03'02"E 970.32 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID NW1/4SW1/4 OF SECTION 19; THENCE N89°36'59"W ALONG SAID SOUTHERLY LINE 901.03 FEET TO THE SOUTH 1/16 CORNER OF SECTION 24 AND SECTION 19, A 3 1/4" BLM ALUMINUM CAP IN PLACE; THENCE S88°39'44"W 763.06 FEET ALONG THE SOUTHERLY LINE OF SAID NE1/4SE1/4 OF SECTION 24 TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 36.637 ACRES, MORE OR LESS.