Falcon Estates Information

Information Regarding Easements In Falcon Estates

Definitions

There have been some questions, concerns, and issues regarding Easements within Falcon Estates (FE) over the past few months. Within FE the most common easement are the utility easements usually behind the houses, and road way easements in front of the houses. Below are some definitions and explanations of Easements.

By definition an easement is
1. An interest in real property that conveys use, but not ownership, of a portion of an owner's property.
2. An area which is reserved, conveyed or dedicated for a specialized or limited purpose without the transfer of fee title.
3. This may include, but is not limited to utility, drainage, access, trail, planting, solar access easements, or open space easements.
4. Private parties or public utilities may acquire access or right-of-way easements.
5. Governments dedicate conservation, open space, and preservation easements.
An easement is granted only to the party specified. For example, an easement for CSU right-or-way, doesn't allow anyone in the neighbor hood to use the easement as an alleyway. It is still private property, but CSU has access to provide electric service. - CSU only and only for the specified reason.

Types of Easements

(from the Colorado Springs Utilities Line Extension & Services Standards - 2004, from the web site)
Colorado Springs Utilities (CSU) (www.csu.org) generally uses five types of easements.
1. Road right-of-way contains the roadway, curb, gutters, sidewalks, and open areas up to the property line. Most of the electric distributuion lines and transformers are installed in the roadway right-of-way. (applies to FE)
2. Platte/Dedicated is an easement that is provided to CSU by virtueof dedication statement of every subdivision platted after 1968. A five-foot side lot and seven-foot rear lot easement is the typical platted easement. Power lines are installed along the rear or down the side lot line. (applies to FE)
3. A Customer-Granted easement is an easement granted to CSU by the customer -- usuually on commercial installations. In the event CSU has to cross a property other than that of the customer requesting service to extend facilities, the requesting customer may be required to obtain all easements needed.
4. Restrictive Easements/Utility Rights-of-Way contain high voltage transmission lines and substations.
5. Service Drop Easements - Application for electric service or receipt of service grants to CSU an easement on private property for electric lines, wires, conduits, meters, poles, and other CSU equipment necessary to render service to the customer. In order to comply with the requirement's of the National Electric Safety Code, the customer shall not make grade changes or build permanent or portable structures (buildings, sheds, decks, swimming pools, patios, patio covers, antennas, etc) under, over, or within 5 feet measured horizontally on both sides of low voltage overhead or undeground service drops (under 600 volts) without prior written approval of CSU except that in the case of a swimming pool, the horizontal clearance must be 10 feet.

General Restrictions of Easements/Rights-of-Way

(from the Colorado Springs Utilities Line Extension & Services Standards - 2004, from the web site)

The General Restrictions of Easement/Rights-of-Way include:
1. To comply with the requirements of the National Electrical Safety Code, it is necessary that easements and rights-of-way grades not be changed by excavation or filling by more than 6 inches without prior written approval from CSU for all utility lines involved. Full cost of any alteration or relocation of utility lines will be borne by the customer requesting the change.
2. It is permissible to install fences and landscaping in easements, except where such fences will stop access to utility lines or conflict with utility equipment. Other permanent structures and buildings are not acceptable. In the event a fence or landscaping must be removed, it is CSU's policy to replace existing facilities to meet or exceed the original installation.
3. Landscaping of easements is permissible. However it is necessary for utility crews to have adequate access to vaults and padmount equipment. A minimum 36 inch wide path and clear opening is required in fence gates to replace equipment in residential rear-lot installations. Access clearances for CSU vaults and padmount equipment are shown in Appendix D, Drawings 26-A and 26-B. No trees, shrubs, fences, large landscape rock, or other obstructions will be permitted in access area. Call Utility Notification Center of Colorado at least 2 business days prior to digging. For additional information you may request a booklet "Guidelines for Landscaping Around Underground Electrical Facilities" from Field Engineering.