City Council Agenda and Packet 2010 04 06

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UTILITY EASEMENT This Utility Easement ( "Easement ") is granted this day of , 2010, by the County of Boulder, a body corporate and politic, whose legal address is P.O. Box 471, Boulder, Colorado 80306 ( "County "), the City of Louisville, a Colorado home rule municipal corporation ( "Louisville "), and the City of Lafayette, a Colorado home rule city ( "Lafayette ") (together collectively referred to as "Grantor ") to Public Service Company of Colorado, a Colorado corporation, whose address is 1123 West 3r Avenue, Denver, Colorado 80223 ( "Grantee "). RECITALS Whereas, Grantor owns the property known as the Adler -Fngru Open Space property, legally described on Exhibit A, attached hereto and incorporated herein by this reference ( "Grantor's Property"); and Whereas, Grantor desires to grant to Grantee the right to install, operate, maintain, repair and replace one underground electric feeder line along the location as depicted and legally described on Exhibit B, attached hereto and incorporated herein by this reference; and Whereas, Grantee acknowledges this Easement is subject to all prior recorded encumbrances; and Whereas, County has complied with the notice requirements for the disposition of open space purchased with sales and use tax revenues dedicated to the acquisition and preservation of open space lands. GRANT OF EASEMENT NOW THEREFORE, in consideration of the above recitals and the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, but subject to the terms and conditions more fully set forth below, Grantor hereby conveys to Grantee, its successors and assigns, the non - exclusive perpetual easement described below: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee a non - exclusive perpetual easement extending south from the southern boundary of Outlot A of Centaur Village, plat file # P4, F -2, #43, recorded in the records of the Boulder County Clerk and Recorder's Office, across Grantor's Property, terminating at the southern boundary of Grantor's Property and the Right -of -Way of Empire Drive, which easement shall be 10 feet wide and 605.09 feet long as depicted and legally described on Exhibit B (the "Easement Property"), for the right to install, operate, maintain, repair and replace one underground electric feeder line ( "Utility Line "). The Utility Line will be bored underground at a minimum depth of four feet, and there will be no surface disturbance to Grantor's Property anytime during the construction, installation, 1 54