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<br />EASEMENT AGREEMENT <br />(For Underground Utility Distribution Line) <br /> <br />THIS EASEMENT AGREEMENT ('"Agreement") is made this day of <br />2002, between THE CITY OF LOUISVILLE, a Colorado home rule municipal <br />corporation ("Grantor" or "City"), and PUBLIC SERVICE COMPANY OF COLORADO. a <br />Colorado Corporation whose address is 550 Fifteenth Street, Denver, CO 80201 ("Grantee"): <br /> <br />WITNES SETH: <br /> <br />That the Grantor, for and in consideration of the sum ofTen Dollars paid to the Grantor by <br />the Grantee, and other good and valuable consideration, the receipt and sufficiency of which is <br />hereby acknowledged, does hereby remise, release, sell, convey and quit claim unto the Grantee. its <br />successors and assigns, forever, the following: <br /> <br />A non-exclusive easement ten (10) feet in width for the installation, operation. <br />maintenance, repair and replacement of one (1) underground electric utility <br />distribution line and underground appurtenant facilities (the "Underground <br />Facilities"), with the right of ingress and egress for such purposes. Such easement <br />shall be located on that property described on Exhibit A, attached hereto and <br />incorporated herein by this reference (hereinafter the "Easement Area"). <br /> <br />SUBJECT TO the following terms and conditions: <br /> <br />1. The Underground Facilities installed pursuant to this Easement Agreement shall be <br />installed in accordance with the plans and specifications approved by the City Director of Public <br />Works prior to the commencement of the installation of such Facilities. The Director of Public <br />Works may require modifications to such plans and specifications prior to approval thereof. Any <br />proposed changes to the approved plans and specifications shall be submitted to the Grantor for <br />review and approval in writing prior to making such change. No facilities other than the <br />Underground Facilities set forth on the City-approved plans and specifications are permitted within <br />the Easement Area. Any utility line installed as part of the Underground Facilities shall be buried <br />to a depth of not less than forty-two inches (42") which depth shall be maintained at all times. <br />Except for approved manhole(s), which may be at grade in location(s) approved by the Director of <br />Public Works, and the marker posts required pursuant to section 2, below, all facilities installed <br />pursuant to the easement granted herein shall be located entirely underground. <br /> <br />2. Grantee shall install and maintain permanent marker posts at either end of the <br />Easement Area, which markers shall include phone numbers to call for line locates and 24-hour <br />emergency repallr. <br /> <br />3. Upon completion of the installation of the Underground Facilities, Grantee shall <br />provide the Grantor with an as-built plan view of the utility line. The plan view shall show the <br />utility line location with a reference distance to an existing section monument. The plan view shall <br />