HomeMy WebLinkAbout2016-11-21-Resolutions 16-505_Alice's Rd Corridor Phase 4 - Utility Relocation Agr - RevisedTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-505
APPROVING RELOCATION AND REIMBURSEMENT AGREEMENT,REVISED,BY
AND BETWEEN THE CITY OF WAUKEE,IOWA,AND MIDAMERICAN ENERGY
COMPANY [ALICE'S ROAD BETWEEN UNIVERSITY AVENUE AND NE HORIZON
DRIVE,UTILITY RELOCATION]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOS'A
WHEREAS,the City of Waukee,Iowa is a duly organized municipality within Dallas County;
AND,
WHEREAS,as part of the Alice's Road Corridor Project,University Avenue to NE Horizon
Drive,MidAmerican Energy Company will relocate structures and related facilities associated
with an electrical line currently located on private easements along the west side of Alice's
Road;AND,
WHEREAS,on October 17,2016,the Waukee City Council approved a Relocation and
Reimbursement Agreement between the City of Waukee and MidAmerican Energy related to the
utility relocation (Resolution ¹16-462);AND,
WHEREAS,in light of a reduction in the estimated reimbursable amount from $1,400,000 in
the original agreement to $950,000,MidAmerican Energy Company has provided a revised
agreement of which City staff recommends approval;
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
21"day of November,2016,that the Relocation and Reimbursement Agreement,Revised,by
and between the City of Waukee,Iowa,and MidAmerican Energy Company,attached hereto as
Exhibit A and made part of this resolution,is hereby approved.
Attest:
'lliam F.ard,ayor
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYE
X
X
X
X
NAY ABSENT ABSTAIN
X
RELOCATION AND REIMBURSEMENT AGREEMENT (REvtszoi
IT IS AORFFD this ziacday of November,2016,by and between the City of
Waukee,Iowa ("City")and MidAmcrican Energy Company ("MidAmerican")as follows:
Recitals
A WHEREAS,as part of City's planned reconstruction of Alice's Road between University
Avenue and NE Horizon Drive,City desires thai MidAmerican relocate structures and
related facilities of a MidAmerican owned and operated 161,000-volt electric line (known
collectively as 'Electric Facilities"),which is presently located on private easements and
as generally shown on the attached Exhibit A,which Electric Facilities are an integral
pari ol'MidAmerican's electric system providing electric set vice to Waukee,lov a and
elsewhere;
13.WI-IEREAS,MidAmerican is willing to relocate the Electric Facilities as generally
shown on the attached Exhibit A in return for the compensation sct forth in this
Agreement;
C.WIIERFAS,City is willing to secure and coordinate acquisition of new easements with
MidAmcrican for the relocated Electric Facilities;
D.WHFRL'AS,City is willing to reimburse MidAmerican I'or its costs to relocate the
Eleciric Facilities;
THEREFORE,ihe parties agree as fogows:
I.Services.Following execution of this Agreement,the Services to be provided by
MidAmerican shall consist of relocation of the Electric Facilities as generally
shown on the attached Exhibit A and removal of the existing structures and related
facilities.MidAmerican shall commence the Services alter execution of this
Agreement.Construction is expected to be completed by May 31,2017;however,
weather,Electric Facilities easement acquisition,communication facilities
relocation by others,and unanticipated other work as necessary at the site to
achieve the objectives of this Agreement may affect the schedule.City
acknowledges that for MidAmerican to achieve this completion date,City must
execute this agreemcnt by November 11,2016 and provide new easements by
March I,2017.If that date is missed,commensurate extension of the completion
date may be required.
2.Site Conditions.IvlidAmerican assumes that any inf'ormation furnished by City is
accurate and complete and is relying on such information.If MidAmcrican
encounters,at thc site,toxic substances,hazardous substances or hazardous wastes
(as such terms are defined in any Federal,state or local statute,regulation or
ordinance),which require special handling and/or disposal,and are not a part of the
services contracted for,fvlidAmerican shall immediately suspend further work in
the area of the materials and notify City of the condition.City shall immediately
take vvliatever precautions are legally required to eliminate such hazardous
conditions and properly handle and dispose of such substances or wastes so that thc
Services may saf'ely proceed.If site conditions cause an increase in MidAmerican's
cost ol;or the time required for,performance of any part of the Services under a
Scope of Work,an equitable adjustment shall bc made to the compensation paid
Midhmerican and the schedule.If during the course of the Services,MidAmerican
observes the cxistcncc of asbestos or asbestos-containing materials,lvlidAmerican
v'ill immediately suspend further work in the area of the materials and notify City
of'the condition,and City will determine the further course of action.
3.~c»av \.AII p .,q f nu k itllf b d uMdA
actual costs with no additional mark up.The estimated cost.for these Services is
Nine Hundred Fif'ty Thousand mid 00/I 00 Dollars U.S.($950,000.00).
When the Services are complete,IvlidAmerican shall provide City with an invoice
detailing the actual cost ol'the Set vices,which invoice shall be the amount of total
compensation due MidAmerictui.Payment shall be due and payable upon
presentment of strch invoice.
4.Prere uisitc worlt bv Citv.City shall identify and have staked the new location and
boundary of City's right-ottway and identify and have staked the new location of
the Electric Facilities easement.This work shall be done by City on or about March
15.2017.
City shall also allow ingress and egress over City s property lor MidAmerican to
perform these services.
City shall acquire new easements in the I'orm of the attached Exhibit B.
5,Obsolete easements.IvlidAmerican shall release all easements that become
obsolete or unnecessary by the operation of this Agreement.
IN Wl'I NESS WHEREOF,the City ol'Waukee,Iowa and MidAm&:rican Energy Company have
caused this Agreement to be executed by their duly authorized representatives to be effective on
the date and year first above written.
CITY OF YVAUKEE,IOWA
By
Name:I ra .n rd
Tide rtayor
IvIIDAtYIERICAN ENER(QPOMPANY
Name;y ames W.Dou hcrt
Title:
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Prepared by and return to Jason Ramey (515)242-4070
MIDAMERICAN ENERGY ATTN RIGHT-OF-VVAY SERVICES PO BOX 657 DES ivlOINES IA 50606-0657 J
MIDANIERI CAN ENERGY COMPANY
ELECTRIC TRANSMISSION LINE EASEMENT
Folder No.
Work Req.No.
Project No.
State of
County of
Section
Township
Range
North
West of the 5 'P.M
I For and in consideration of the sum of One and no/100 Dollar (51.00),and other valuable
consideration,in hand paid by MIDAMERICAN ENERGY COMPANY,an iowa corporation,receipt of
,vhich is hereby acknowledced,Ihe undersigned ownei(s),its successors and assigns,and the
undersigned tenant(s)and parties of interesl (collectively the "Grantor"),does hereby grant to
MIDAMERICAN ENERGY COMPANY,its successors and assigns ("Grantee"),a perpetual,non-
exclusive easement to construct,reconstruct,operate,maintain,replace or remove electric supply line(s)
for the transmission and disfribution of electric energy and for communication and electrical controls,
including other reasonabiy necessary poles,towers,wires,guys,guy stubs,anchors and other
reasonably necessary equipment incident thereto (collectively "Facilities")upon,over,along,and across
ceriain pioperty described below,together with Ihe right to survey the property and the right of egress
and egress to and from the same and ail the rights and pnviieges incident and necessary to the
enjoyment of Ibis easement ("Easement Area'),including the right to trim,cut down and remove such
trees,brus'n,saplings and bushes as may interfere with the proper construction,maintenance,operation
or removal of said lines,upon,over,along and across the property descnbed below.
DESCRIPTION OF PROPERTY CONTAINING EASEMENT AREA:
DESCRIPTION OF EASEMENT AREA:
INSERT DESCRIPTION OF EXACT LOCATION OF EASEMENT
2 Subjecf to the rights of the Grantee granled herein,Grantor shall have the right to
cultivate,use and occupy the land No brush or other inflammable matenals shall be deposited
or accumulated or burned within the easement area
3.Grantor agrees that it will not construct or place any permanent or temporary buildings,
structures,fences,trees,plants,or other objects on the Easement Area described herein,or
make any changes in ground elevation without written permission from Graiitee indicating that
said construction or ground elevation changes will not result m inadequate or excessive ground
cover,or otherwise interfere with Ihe Grantee's rights to operate and maintain ils Facilities,and
that no act shall be perfornied which wolates the clearance requirements of the National Electrical
Safety Code and/or the rufes of the stale utility regulatory authority where the Facilities are
located.
4,In consideration of such grant,Grantee agrees that it will repair or pay for any damage
which may be caused to tile,crops,fences,or olher property,real or personal,of the Grantor by
the construction,reconstruction.maintenance,operation,replacement or removal of the Facilities
(except for damage to property placed subsequent lo the granting of this easement)that Grantee
delerminos interferes with the operation and inaintenance of the Facilities and associated
equipment.The cutting,recutting,trimming and removal of trees,branches,saplings,brush or
other vegetation on or adjacent to the Easement Area is expected and not considered damage to
the Grantor.
5 Grantor certifies that it is not acting,directly or indirectly,for or on behalf of any person,
group,entity or nation named by any Executive Order or the United States Treasury Department
as a terrorist,'Specially Designated National and Blocked Person"or any other bannecl or
blocked person,entity,nation or transaction pursuant to any law,order,rule or regulation that is
enforced or administered by the Office of Foreign Assets Control;and are not engaged in this
transaction,directly or indirectly on behalf of,any such person,group,entity or nation.Gran!or
hereby agrees to defend,indemnify and hold harmless Grantee from and against any and all
claims,damages,losses,nsks,kabiiities and expenses (including attorney's fees and costs)
arising from or related to any breach of the foregoing certification.
6 Each of the provisions of this easement shall be enforceable independently of any other
provision of this easement and independent of any other claim or cause of action.In the event of
any matter or dispute arising out of or related to this easement,it is agreed between the parties
that the law of the jurisdiction and location where this easement is recorded (including statute of
limitation provisions)will govern the interpretation,validity and effect of this easement without
regard to the place of execution or place of performance thereof,or any conflicts or law
provisions.TO THE FULLEST EXlENT PERMITTED BY LAtN,EACH OF THE PARTIES
HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF
LITIGATION DIRECTLY OR INDIRECTLY ARISING OLIT OF,UNDER OR IN CONNECTION
WITH THIS EASEMENT.EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE
ANY ACTION IN WIIICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN
WHICI)A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED.
7,Grantor hereby reknquishes all nghls of dower,homestead and distributwe sha.e in and
lo the Easement Area and waives all rights of exemption as to any of the Easement Area.
Grantor understands thai homestead property is in many cases prolected from the claims of
creditors and exempt from judicial sale;and that by signing this easement,Grantor voluntanly
gives up any right to this protection for the Easement Area with respect to claims based upon this
easement.
S.Grantor warrants to Grantee that Grantor holds title to the Easement Area in fee simple
and Granlor has good and lawful authority to grant the rights provided in this easomernk
(Acknowledgmenis on following page)
Dated ibis day ot ,20
lblSERT COMPANY NAME IF A CORPORATION
STATE OF
COUNTY OF
)
)ss
)
ACKNOWI FDGMENT
This record was acknowledged before me on
E SFGN,L~T~FI~T~E~E~COMPANY NAME
,20,by ~NAME OF
Public
Signature of Notary
STATE OF
COUNTY OF
)
)ss
)
ACKNOWLEDGMENT
This record was acknowledged before me on
OF PERSON S AND MARITAL STATUS)
,20 ,by (NAME
Public
Signature of Notary
EXHIIP 8
Consent of Party in interest
The undersigned does hereby consent to the terms and conditions of the Electric
Transmission Line easement descnbod herein
By'
Its;
Printed or typed name and title
STATE OF
COUNTY OF
)
)ss
)
This record was ac)mow)edged before me on
~PRHQN Tl LE COMPANY NAME
,20,by (NAIAE OF
Public
Signature of Notary