City Council Agenda and Packet 2010 04 06

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and future maintenance or replacement of the Utility Line without the express written consent of Grantor. 2. Purpose. The Utility Line will provide electric service to Exempla Hospital, relieve overloaded electric feeders, provide increased reliability in the area and reduce outage times. 3. Application. Without limiting the foregoing, the terms of this Easement shall apply to the initial construction and to all future improvement or replacement operations. Grantee shall install, operate, maintain, repair and replace the Utility Line without disturbing the surface of Grantor's Property. 4. Ecological, Hydrological and Geological Considerations. The work of installing and maintaining the Utility Line shall be done with all reasonable care as to not affect the surface of Grantor's Property. Grantee agrees that the Utility Line shall be buried at a sufficient depth at the time of construction so as not to interfere with or inhibit Grantor's use of Grantor's Property, including but not limited to ecological restoration or agriculture uses. The Utility Line shall be bored deep enough to avoid any potential impact to the flow of water in Coal Creek and, if necessary, Grantee will consult with a geomorphologist and /or a hydrologist to ensure the geology and hydrology of Coal Creek is not affected in any way. The Utility Line shall be bored deep enough as to not impact any wildlife including, but not limited to, the existing prairie dog colony, and the work of installing, maintaining or replacing the Utility Line shall be done with all reasonable care so as to not affect the riparian zone ecosystem along Coal Creek, as determined by Grantor. Grantee must meet all applicable Boulder County Land Use, City of Louisville and City of Lafayette requirements (i.e. including without limitation, obtaining all necessary approvals and permits) for the construction of the Utility Line. Grantee shall be responsible for all construction costs and any repairs necessary for its construction, maintenance or use of the Easement Property. 5. Notice of Improvements and Maintenance Grantee shall not improve or conduct anything but routine maintenance or emergency repairs within the Easement Property without having first provided written notice and plans two weeks prior to the initiation of improvements and having received written approval from the Director, Parks and Open Space Department, 5201 St. Vrain Road, Longmont, Colorado 80503, from the City Manager for the City of Louisville, and Director of Parks, Open Space & Golf for the City of Lafayette, which approval is to be granted if, in Grantor's sole discretion, the proposed improvements or maintenance are consistent with the terms of this Easement. If Grantee makes emergency repairs within the Easement Property, Grantee shall provide written notice to Grantor of the location, type and extent of repairs within 48 hours after the repairs are made. 2 55