CM-04-09-041em -6(4q48 @7-I ���
Request for City Council/City Manager Action eC,'LB"(J -"
0
Please submit this form when placing items on the council agenda or when submitting an item to the City Manager for approval.
Department: Legal Project Manager/Resource:
Contact Person: Steve Sheets Council Meeting Date:
Project Name: East Transmission Line - Crop Damages Funding Source: Utility Capital Project Funds
ContractorNendor Name: Wallin/Bradley Assigned Attorney: Steve Sheets
Amount: $9,927.50
(contract, agreement,amendment,change order, purchase order,etc.)
Is Funding Required? Yes X No ❑ lEL'EIVED
SEPI 4 1004
Council Agenda Item Yes El No Ell
Submission to City Manager - Yes X No ❑
(see required signatures below before submission to the City Manager)
Agenda Wording:
Initial Construction Contract
▪ Construction Contract Amendment #
❑ Change Order
=Change in Quantity
('I Unforeseen Circumstances
❑ Initial Professional Services Agreement
▪ Supplemental Professional Svcs. Agr. #
ElPurchasing/Service Agreement
▪ Purchase Order
Item(s) to be purchased:
Amount
ElOther (Please clearly identify action on lines below
Authorization for the City Manager to make payments for
damages to the Wallin com crop, a 0.358 acre tract (parcel 11)
and a 0.853 acre tract (parcel 13).
$9,927.50
For Submission to Citv Man
Project Mgr. Signature:
Dept. Director Signature:
City Attorney Signature: *
City Manager Signature:
er On
Date:
Date:
Date:
Date:
Approval is required for all items requesting City Manager's approval. 1�
Finance Approval Finance -Date and Signature:
Purchasing -Date and Signature:
9//3/0. , gicu4 /
gladministrationlcmgrcouncil action.xls 7-14-04
DATE:
SUBJECT:
ITEM:
BLUE SHEET FORMAT
September 13, 2004
City Manager - September 17, 2004
Authorization for the City Manager to pay for damages made to
the Wallin corn crop, a 0.358 acre tract (parcel 11) and a 0.853
acre tract (parcel 13) as a result of the East Transmission Line -
Phase II project.
Department: Legal
Staff Person: Steve Sheets
Justification: Pay for damages caused by Phase II of the East
Transmission Line.
Funding:
Cost: $9,927.50
Source of funds: Utility Capital Project Funds
Outside Resources: Sheets & Crossfield, P.C.
Background Information: The cost is calculated by the damaging of
36.1 acres, each acre containing 100 bushels of corn
per acre; the estimated cost of each bushel is $2.75.
36.1 acres X 100 bushels/acre = 3,610 bushels X $2.75 = $9,927.50
Public Comment: N/A
L_) @ c,ne1%_
Blue Sheet Format
Updated 01/20/04
CHECK REQUEST
Wa
n and Bradley
Item ID #
57863
LDt174-1918883
Check Stub Description
(not to exceed 30 characters)
Payment on crop damages caused
by CORR Waterline easement for
E. Transmission Line Phase 2.
Dale Submitted 9/14/2004
Vendor Number
Check Amount S 9,9 27.50
Account Number
Acct Fund - Org
6151 220 43000
wll 2east2_lnd
Additional Explanation if needed:
Per Council Resolution R -04-04-08-10E1.
SPECIAL INSTRUCTIONS: (
d unless otltenvi.se specified) Explain speck)
Amount
9,927.50
9,927.50
andling below
PLEASE RETURN CHEC
Dale Needed (no ASAP's please)
R JUDE SHEETS OFFI
CVCL
clexce151caroMnlorms_xlw- check req
K UP
L. Olsei
Requested By: Steve
Departmental Approval:
Finance approval:
Received by:
Staple justification to check request
Paper clip items to be mailed with check
9/13/2004
COPY
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the (c) d �'�4�
easement;
(b) Grantee shall promptly backfill any trench made by it on the easement and repair any
damage it shall do to Grantor's private roads or lanes on the lands;
(c) Grantee shall indemnify, Grantor andg
Grantor s tenants against any loss and damage
which shall be caused byse
of the rights of ingress and egress or any
of their employment
wrongful or negligent act oromiss on of Grantee's course
ee s agents or employees in the co
(d) Grantor will be allowed up to two (2) future taps into the 36" waterline which is to
be placed within the easement granted herein, provided that each t
a pressure reducing valVe (PRV) to be located on the do_ would reqtream side of each uire
and that neither tap will be allowed to exceed 16" in diameter.In dition, these taps
would be subject to, and Grantor, its heirs, successors or assigns would be
responsible for, the payment of any rates and/or fees which are applicable at the time
any tap is requested.
Grantor also retains, reserves, and shall continue to enjoythe
any and all purposes which do not interfere surface ofsucho f he easement, for
including the right to build and use the with and Prevent the use by Grantee of the
including
roads, surface of the easement for drainage ditches and riv to
driveways, alleys, walks, gardens, lawns,parking p
dedicate all or any part of the surface of the property c ung areas and othero likey uses and/or to
for use as a public street, p per' affe�ed by this easement to any city or county
r as buildingorother et,road oralley;
ch y;; provided Grantor shall not erect or construct on the easement
anybuilding, patio,a wimming pool, sport co
barbeque pit or similar structure, or drill operateor court, construct
shed, reservoir
or,
other obstruction on the easement, or diminish or subs any well, or constncct any
the pipelines, Grantee substantially add to the amount of soil covering
property, nes. shall not be responsible or liable for the removal, repair or damage to any
hue, building, or other use inconsistent with the rights conveyed to Grantee by the
easement. Provided however, before constructing
notice shall be provided to Grantee of the general plans any
improvements, improvement
at least ten (1st days written
easement, and Grantor must first obtain the consent � of
pr approval
Grantee to e f the
on the
and location of any improvements within the pproval from of the construction
easement.
It is understood and agreed that any and all waterline and related
facilities placed upon said property by Grantee shall remain sfGran eq upment and
a
are abandoned, or shall cease to be used, for a period of fie the property of Grantee unless same
five (5) consecutive years.