Fiscal Note
The easement fee totaling $161,600 will be deposited into Golf Enterprise Account EG01-78321-654100.
Title
Authorizing the grant of a permanent limited easement to American Transmission Company for an electric transmission line across a portion of the Odana Hills Golf Course, located at 4635 Odana 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 by a portion of the City of Madison's Odana Hills Golf Course (the "Course") which is located at 4635 Odana Road, on the City's West side. ATC is requesting a grant of a permanent limited easement (the "Easement") from the City in order to construct the Project through a portion of the Park.
The Easement is approximately 22 feet wide and 2,500 feet in length as it runs along the southern boundary of the Course, adjacent to the West Beltline Highway right-of-way. The easement area contains a total of 1.284 acres or 55,928 square feet. A general location map depicting the Easement is attached and marked as Exhibit A.
Compensation to be paid to the City for the granting of the Easement is $161,600.00. 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 Easement. Conditions specific to the Easement 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 a permanent limited easement (the "Easement") 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 Odana Hills Golf Course, located at 4635 Odana Road, as more particularly described below on Exhibit A.
BE IT FURTHER RESOLVED that the compensation payable to the City of Madison by ATC in exchange for the grant of the Easement shall be One Hundred Sixty One Thousand Six Hundred and 00/100 Dollars ($161,600.00).
BE IT FURTHER RESOLVED that the Council determines that the Easement does not interfere with the public park and recreational uses of the easement area.
BE IT STILL FURTHER RESOLVED that the Easement shall be granted subject to the following conditions:
a. ATC shall agree that the principal parts of the Facilities that it intends to install in the Easement 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/or 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 Easement shall be terminated.
BE IT STILL FURTHER RESOLVED that the Mayor and the City Clerk are authorized to sign the Easement document and any other necessary documents related to this Project.