HomeMy WebLinkAboutFile Documents.200 S Aspen St.0007.2017 (33).ACBK
1
CITY OF ASPEN
EASEMENT AGREEMENT
This Easement Agreement is entered into this _____ day of _________, 20__, by and
between THE CITY OF ASPEN ("City"), a Colorado municipal corporation and home rule city,
Grantee, and _________________________________________________, whose address is
___________________________
("Grantor").
Recitals
A. The City owns and operates the City of Aspen municipal electric system.
B. The City owns, operates, maintains, repairs and replaces the electric distribution mains
and other infrastructure (excluding individual service lines) required for the provision of electric
service.
C. Grantor owns real property described in Exhibit A, incorporated by this reference.(the
“ Subject Property”).
E. In order to use, operate, maintain, repair and replace its electric facilities and other
infrastructure, the City requires an easement from Grantor over Grantor’s Property.
E. Grantor is willing to grant and convey an easement to the City on the terms and
conditions herein provided;
THEREFORE, IN CONSIDERATION of the promises and agreements set forth below,
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Grant of Easement. Grantor does hereby grant and convey to the City a perpetual
non-exclusive easement and access (the "Easement") for the purposes of excavation, installation,
operation, use, maintenance, repair, and replacement of the City's electric lines, and associated
facilities located within the easement premises. The Easement is described on Exhibit B, which is
attached hereto and incorporated herein by reference. The Easement, and access thereto, are
granted over, upon, across, in and through the Subject Property. This Easement shall run with the
land for the benefit of the City, and shall be binding upon and inure to the benefit of the City, and
its successors and assigns.
2. Use of Easement Premises by City. The City's agents, employees, contractors and
other designated persons may go upon the Easement at all reasonable times to undertake routine
use, operation and maintenance of the City's electric system and associated facilities. In the event
the City plans major repairs or replacement of infrastructure within the Easement premises, it shall
provide Grantor with reasonable advance notice of the work to be undertaken, and the estimated
City of Aspen
Received
4/24/17
Building Department
2
time of completion. Notwithstanding the foregoing, the City may go upon the Easement premises
at any time in the event of any emergency situation or condition, and undertake such repair or
replacement activities as it deems necessary to properly resolve the emergency situation.
After the exercise of any of its rights hereunder, the City shall grade, re-seed or re-sod if
necessary to restore the surface of the ground to its former condition and contour, provided
however, that the City shall not be required to restore or replace any trees, bushes, brush, gardens
or other vegetation on the Easement premises, nor any structures or paving thereon.
3. Use of Easement Premises by Grantor. Grantor shall retain the right to use and
enjoy the Subject Property including the Easement premises so long as such use and enjoyment do
not interfere with the City's rights hereunder, and provided that Grantor shall not install or allow
any obstructions or permanent encroachments on the Easement premises, including but not limited
to fences, buildings, gates, or other structures, or trees, bushes, brush, gardens, or pavement, and
shall not obstruct or permit obstruction of access to the Easement premises. In the event any such
obstructions or encroachments are erected, installed, or permitted to remain upon the Easement
premises notwithstanding this paragraph, Grantor understands and agrees that such obstructions or
encroachments may be removed by the City at Grantor's cost, and that the City shall have no
responsibility or liability for any damage or destruction thereto.
In the event Grantor discovers an emergency condition pertaining to the City's electric
distribution system located on, over, in or through the Easement premises, Grantor shall make
reasonable attempts to promptly notify the City of such condition.
4. Liability to Others. Each party shall be responsible for any and all claims, demands,
actions, losses, liabilities, or expenses of whatever sort, including attorney’s fees, that are incurred
by any person or entity arising out of or in connection with such party's use or occupation of the
Easement premises, or the use or occupation the Easement premises by its agents, employees,
contractors, invitees or licensees, provided, however, that nothing herein shall be construed to
abrogate or diminish any protections and limitations afforded to the City by the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101 et seq. as amended, or other law. In the event
the City and Grantor, or their respective officers, directors, members, employees, agents,
contractors, representatives, heirs or assigns may be held jointly and severally liable under any
statute, decision, or other law providing for such joint and several liability for their respective
activities on the Easement premises, the obligations of each to respond in damages shall be
apportioned, as between the City and Grantor, in proportion to the contributions of each as
measured by the acts and omissions of each which in fact caused such legal injury, damage or
harm and the City and Grantor shall indemnify each other to the extent necessary to assure such
apportionment.
5. Notices. All notices required to be given shall be deemed given upon deposit in the
United States mail, first class postage prepaid, properly addressed to the person or entity to whom
directed at its address shown herein, or at such other address as shall be given by notice pursuant
to this paragraph. Copies of such notices shall also be sent in the same manner to the City Attorney,
City of Aspen, 130 South Galena Street, Aspen, Colorado 81611. Notwithstanding the foregoing,
City of Aspen
Received
4/24/17
Building Department
3
Grantor may notify the City of emergency conditions as provided in paragraph 3 above by direct
delivery of notice to the City Electric Department at 219 Puppy Smith Rd Aspen, Colorado, or by
telephone or telefacsimile communication with the City Electric Department. The City Electric
Department telephone number is (970) 920-5148, and the telefacsimile number is (970) 544-3160.
6. Binding Agreement - Recording. This Agreement is binding upon the parties
hereto, their successors and assigns, and any sale of the Subject Property, or any portion thereof
shall be subject to this Agreement. This Agreement shall be recorded with the Pitkin County Clerk
and Recorder, and shall impose an easement and covenants running with the land upon the Subject
Property. Deeds to subsequent owners of the Subject Property shall provide notice of this
Agreement and the obligations contained herein.
7. Governing Law; Venue; Attorneys' Fees. This Agreement and the rights and
obligations of the parties hereunder shall be governed by and construed in accordance with the
laws of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin
County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict
regarding the terms of this Agreement or the rights and obligations of the parties hereto, the
prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including
expert witness fees and reasonable attorneys' fees.
8. Authorization of Signatures. The parties acknowledge and represent to each other
that all procedures necessary to validly contract and execute this Agreement have been performed
and that the persons signing for each party have been duly authorized to do so.
9. Counterparts. This Agreement may be signed using counterpart signature pages,
with the same force and effect as if all parties signed on the same signature page.
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first
above written.
City of Aspen
Received
4/24/17
Building Department
4
GRANTEE
THE CITY OF ASPEN, COLORADO
A Municipal Corporation and
Home Rule City
By___________________________
Electric Director
STATE OF ___________ )
) ss.
COUNTY OF __________ )
SUBSCRIBED AND SWORN to before me this ___ day of ___________, 20__, by
______________________________________.
WITNESS my hand and official seal.
[SEAL]
___________________________
Notary Public
My commission expires: ______________________________
APPROVED AS TO FORM:
_____________________________
Aspen City Attorney
GRANTOR
_________________________________
_________________________________
Address:_________________________
_________________________________
STATE OF ___________ )
) ss.
COUNTY OF __________ )
SUBSCRIBED AND SWORN to before me this ___ day of ___________, 20__, by
______________________________________.
City of Aspen
Received
4/24/17
Building Department
5
WITNESS my hand and official seal.
[SEAL]
___________________________
Notary Public
My commission expires: ______________________________
\user\cfc\wp\aspen.eas (1197)
City of Aspen
Received
4/24/17
Building Department