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Attachment A - PSCo Distribution Easement - 915 Aspen Pl - City of Boulder

Special City Council Meeting, January 22, 2026 · item 3E: Consideration of a motion to authorize the City Manager to convey a non-exclusive easement over the city-owned property located at intersect… · 4 pages

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S-T-R:

NE ¼ S25-T1N-R71W

County: Boulder County Division-City/Town: Boulder - Boulder Division Agent: Marc Mayorga

Grantor: City of Boulder Address/Intersection: 915 Aspen Place, Boulder, CO 80302 Dist/HP Trans: Distribution Contract Agent/Co: Amanda Hoops, Western States Land Services, LLC

Doc No: Reception No: Surveyor: M. Murphy, PLS# 38085 Survey Company: The Sanitas Group, LLC

LAT & LONG GPS: 40.026196 / -105.285427

PUBLIC SERVICE COMPANY OF COLORADO UTILITY EASEMENT The undersigned Grantor (whether one or more) hereby acknowledges receipt of good and valuable consideration from PUBLIC SERVICE COMPANY OF COLORADO (Company), in consideration of which Grantor(s) hereby grants unto said Company, its successors and assigns, a non-exclusive easement (“Easement”) for utility lines, and all fixtures and devices used or useful in the operation of the same, on, through, over, under, across, and along a course as said lines may be hereafter constructed in a portion of Lot 1, Alpine-Balsam Subdivision, in the NE ¼ of Section 25, Township 1 North, Range 71 West of the 6th Principal Meridian in the following lands located in County of Boulder, State of Colorado, the easement being described as follows (“Easement Area”): SEE “EXHIBIT A” ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. Together with the right (i) to enter upon said premises, to survey, construct, install, operate, repair, remove, replace, reconstruct, alter, relocate, patrol, inspect, improve, enlarge, remove, maintain and use utility lines and all related facilities, other fixtures, devices, and appurtenances used or useful in connection therewith (collectively the “Facilities”), and (ii) to remove objects interfering therewith, including the trimming or felling of trees and bushes, and (iii) to use so much of the adjoining premises of Grantor during surveying, construction, maintenance, repair, removal, or replacement of said Facilities and related fixtures and devices as may be required to permit the operation of standard utility construction or repair machinery. The Grantor reserves the right to use and occupy the Easement Area for any purpose consistent with the rights and privileges above granted and which will not interfere with or endanger any of the said Company's Facilities therein or use thereof. Such reservations by Grantor shall in no event include the right to erect or cause to be erected any temporary or permanent buildings, structures (including without limitation trailers or mobile homes), signs, or wells on, under, or over the Easement Area. No other objects shall be erected, placed, or permitted to remain on, under, or over the Easement Area, which will or may interfere with the Facilities installed on the Easement Area or interfere with the exercise of any of the rights herein granted. No failure by Company to remove or otherwise raise an objection to any objects or improvements located or installed on the Easement Area by Grantor, shall be deemed to constitute consent on the part of Company to such improvements or objects, nor a waiver of Company’s rights regarding removal of any such improvements or objects. Grantor agrees to contact the Call Before You Dig - Utility Notification Center of Colorado (811 or 1-800-922-1987), or any similar one-call utility line locator system which may replace or supplement it, at least four (4) business days (or such longer time if required by applicable law) prior to the commencement of construction, excavation, or digging of the Easement Area to arrange for field locating of Facilities. Grantor shall disclose to Company any pre-existing waste materials (“Pre-Existing Wastes”), that Grantor knows or reasonably suspects to be present in soils, water (surface or groundwater), vapors or air, whether on, in, above, migrating to or from, or under the Easement Area and any other information that would help Company assess the risks of working in the area. Company shall have the right to perform environmental sampling in the Easement Area at its discretion. If Company encounters any Pre-Existing Wastes, Company retains the right to stop work and may choose to exercise that right. Grantor shall retain its obligations to comply with all applicable laws and regulations related to such Pre-Existing Wastes. Grantor shall release Company from any claims or responsibilities related to such Pre-Existing Wastes. D07

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April 2024

The work of installing and maintaining said lines and fixtures shall be done with care; the surface along the easement area and any adjoining premises used by Company shall be restored substantially to its original level and condition following completion of Company activities, taking into account, among other things, the existence of the Facilities and the restrictions stated in this Easement. The provisions of this Easement shall run with, be binding on and burden the Easement Area and shall bind and benefit the heirs, executors, administrators, personal representatives, successors, and assigns of Grantor and Company. Non-use or a limited use of the Easement Area shall not prevent Grantee from thereafter making use of the Easement Area to the full extent herein authorized. Grantor warrants and represents that Grantor is the owner of the Easement and has the right to sell, transfer, convey, confirm and grant this Easement and the rights contained herein. This Easement is binding on Grantor, is not conditioned upon obtaining the consent of any third party. This Easement incorporates all agreements between the parties as to the subject matter of this Easement, and no prior representations or statements, verbal or written, shall modify, supplement or change the terms of this Easement. This Easement consists of the document entitled “Utility Easement”, and Exhibit(s) containing a legal description and a sketch depicting the legal description, if referenced above or attached hereto. No other exhibit, addendum, schedule or other attachment (collectively “Addendum”) is authorized by Company, and no Addendum shall be effective and binding upon Company unless executed by an authorized representative of Company. Signed this

day of

, 2025

GRANTOR: CITY OF BOULDER, A COLORADO HOME RULE CITY BY: (print name) ITS: STATE OF COUNTY OF

) )ss )

The foregoing instrument was acknowledged before me this day of , 2025 by ____________________________ as ________________________ of City of Boulder, a Colorado home rule city.

My commission Expires:

Notary Public

(Seal)

D07

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April 2024

EXHIBIT A

UTILITY EASEMENT

The

Sanitas Group 901 FRONT STREET, SUITE 350 LOUISVILLE, CO 80027 303.481.2710

EXHIBIT A

9TH STR

EET

UTILITY EASEMENT

LOT 1 ALPINE-BALSAM SUBDIVISION

ASPEN PLACE

The

Sanitas Group 901 FRONT STREET, SUITE 350 LOUISVILLE, CO 80027 303.481.2710