Fiscal Note
The easement fees totaling $64,300.00 shall be deposited in ESTM-78231-561000.
Title
Authorizing the grant of two permanent limited easements to American Transmission Company for an electric transmission line in a portion of the City's Stormwater Utility Parcel 533, located along Fourier Drive and Mineral Point Road.
Body
American Transmission Company ("ATC") is constructing a 345 kilovolt overhead electric transmission line from Rockdale Substation in the Town of Christiana to the new Cardinal Substation in the Town of Middleton (the "Project").
The route of the Project passes through portions of the City of Madison's Stormwater Utility Parcel 533 which is located along both Fourier Drive and Mineral Point Road, on the City's West side. ATC is requesting a grant of two permanent limited easements (collectively the "Easements") from the City in order to construct the Project through the City's Stormwater Parcels located along Fourier Drive and Mineral Point Road.
The permanent limited easement located along Mineral Point Road varies from about 30 to 40 feet in width. The permanent limited easement along Fourier Drive is about 50 feet in width. Both Easements run parallel with the Beltline Highway frontages. A general location map depicting the Easements is attached and marked as Exhibit A.
Compensation to be paid to the City for the granting of the Easements is $64,300.00. The compensation is based on an appraisal which determined both the fair market value of the City's parcel, and the loss and damages due to the Easements. Conditions specific to the Easements are listed below.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Madison hereby authorizes the grant to the American Transmission Company LLC ("ATC") of two permanent limited easements (collectively the "Easements") for the installation and maintenance of a 345 kilovolt overhead transmission line and related facilities (collectively the "Facilities"), across lands located within the City's Stormwater Parcel 533, adjacent to Fourier Drive and Mineral Point Road, as more particularly described below on Exhibit B.
BE IT FURTHER RESOLVED that the compensation payable to the City of Madison by ATC in exchange for the grant of the Easements shall be Sixty Four Thousand and Three Hundred and 00/100 Dollars ($64,300.00).
BE IT STILL FURTHER RESOLVED that the Easements shall be granted subject to the following conditions:
a. ATC identifies that the principal parts of the Facilities that it intends to install in the Easements do not include any monopole structures. The overhead wires will have a minimum clearance above existing ground cover of about 25 feet.
b. ATC shall remove and dispose of all undesirable trees and vegetation within the areas delineated in the plans, and shall restore these areas upon completion of construction. Restoration shall include regrading, where directed by the City, and placement of topsoil, seed and mulch.
c. No herbicidal chemicals shall be used for weed and brush control without express written consent of the City Engineer.
d. ATC shall be liable to and hereby agrees to indemnify, defend and hold harmless the City, and its officers, officials, agents, and employees against all loss or expense (including liability costs and attorney's fees) by reason of any claim or suit, or of liability imposed by law upon the City or its officers, officials, agents, and employees for damages because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons or on account of damages to property, including loss of use thereof, arising from, in connection with, caused by or resulting from the ATC's acts or omissions in the performance of this easement, whether caused by or contributed to by the negligence of the City, its officers, officials, agents, or employees.
e. ATC shall obtain all necessary permits from City Engineering and the Wisconsin Department of Natural Resources and shall install and maintain all erosion control measures required under such permits; if applicable.
f. At such time that ATC, or its successors, discontinue the use of the Facilities, ATC, or its successor, shall remove the Facilities at its expense, if the City requests removal, and the Easements shall be terminated.
BE IT STILL FURTHER RESOLVED that the Mayor and the City Clerk are authorized to sign the Easement documents and any other necessary documents related to this Project.