HomeMy WebLinkAbout20090908 - VIII-A-2MEMO
To: Honorable Mayor and City Council
From: Nick Egger, City Engineer
Date: September 3, 2009
Re: Approve Relocation of Xcel Energy Transmission Line in River Flats and Associated
Easement
Staff is recommending that the Council take action to approve the proposed permanent relocation
of the Xcel Energy transmission line in the River Flats area, and to approve a new easement
through portions of the River Flats that would be necessary for the lines to be relocated.
TRANSMISSION LINE RELOCATION
The relocation of the transmission lines would accommodate the needs of MnDOT for a staging
area adjacent to the Mississippi River, as well as to improve the aesthetics of the view shed for
both park users and those viewing the park and river from the western bluffs above the River
Flats.
The alignment of the relocated lines would be parallel with the existing transmission lines at the
southern end of the River Flats area near Lake Rebecca and the Mississippi River boat launch,
then running north along the tree line that provides a western boundary to the River Flats,
ultimately turning eastward again to meet up with the connection point of the lines near the
riverfront trail pedestrian crossing in the northeast portion of the River Flats. All poles would be
constructed of wood. Please see the attached map for a visual depiction of this alignment.
The Council first discussed this topic in at a Bridge workshop meeting earlier this year. At that
time, it was the general consensus that the permanent relocation of the transmission lines was
preferred, and that strong consideration should be given to installing a steel pole instead of
wooden poles at the reconnection point in the northeast corner of the River Flats area. There
would be no out of pocket expense for the City under this scenario, but the cost of $20,000
would be billed the Bridge project roadway aesthetic budget to cover the expense of the steel
corner pole.
Since that time, Xcel Energy has performed a more detailed planning and estimation of the costs
to relocate the transmission line. The resulting additional cost for providing a steel corner pole is
now listed as $60,000, an increase of $40,000 from the previous estimate. This estimate is still
subject to change further between now and the time at which the Request for Proposals is issued
by MnDOT in late November, and the price at that time will be the amount billed to the aesthetic
budget. This is not a likely scenario, but one worth the Council's consideration.
As stated above, it would also be possible to relocate the transmission line using wooden poles at
the northeast corner location. This type of installation would not incur any expense to the
aesthetic budget; however, it would be necessary to install additional wooden poles and guy
wires to properly anchor the corner pole. It is staff's opinion that the additional poles and guy
wires would present a visual impairment at a prominent trail crossing and inhibit the visual
benefit provided by the relocation of the rest of the transmission lines.
Further planning and cost estimation work has also taken place for the replacement of the eastern
lattice tower with a steel monopole near the downtown substation, showing that the cost of
doing so would be approximately $478,000, which is a reduction of approximately $92,000 from
the original estimate of $574,000.
It is important to note that at this time the costs identified as those which will be billed to the
aesthetic budget, including the latest information on both the transmission line relocation project
and the lattice tower replacement project, leave approximately $44,000 in the aesthetic budget
that are likely to be utilized for other aesthetics related items not yet discovered or recommended
by the Visual Quality Team.
EASEMENT
The attached easement document language and exhibits have been reviewed by City Attorney
Dan Fluegel, Parks & Recreation Director Barry Bernstein, and myself and are consistent with
the City's expectations for such an easement. The easement document does preserve the City's
right to construct streets and utilities through the easement area, provided that they are not in
direct conflict with the transmission line poles. The document also does prohibit certain
activities within the easement boundaries, such as the construction of structures. However, this
type of use either is not intended for the River Flats area, or is prohibited by other preexisting
conditions.
Representatives from both MnDOT and Xcel Energy will also be in attendance at Monday
evening's meeting to answer questions on these matters.
STAFF RECOMMENDATIONS
This item is of a critical nature in regard to the Bridge project schedule, as procurement of the
relocated transmission line would occur during the coming winter with the goal of completion
prior to the start of the Bridge project in summer of 2010. It is also apparent that it is feasible to
fund the steel corner pole installation within the constraints of the aesthetic budget. Therefore, it
is staff's recommendation that Council approve the relocation of the transmission line with the
installation of a steel corner pole at the northeast connection point, with the cost to be billed to
the Bridge proj ect roadway aesthetic budget.
Staff is also recommending that the Council approve the attached easement over a portion of the
City's property in the River Flats for the permanent relocation of the Xcel Energy transmission
ine.
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ELECTRIC EASEMENT
The undersigned, hereinafter called "Grantor", in consideration of the sum of One Dollar ($1.00)
and other good and valuable consideration to Grantor in hand paid by Northern States Power Company, a
Minnesota Corporation, d/b/a Xcel Energy, hereinafter called "NSP", does hereby grant unto NSP, its
successors and assigns, the perpetual right, privilege and easement to construct, operate, maintain, use,
rebuild, or remove electric lines with all towers, structures, poles, foundations, crossarms, cables, wires,
guys, supports, counterpoises, fixtures, and devices appurtenant to said lines through, over, under and across
the following described lands situated in the County of Dakota, State of Minnesota, to-wit:
A tract of land (hereinafter called "Premises") situated in Section 21, Township 115 N, Range 17 W, Stn
Principal Meridian, Dakota County, Minnesota, more specifically described as follows:
Beginning at meander corner on the south line of said Section 21, said corner being
1,885.78 feet easterly of the South quarter corner, which is 25.27 feet westerly of a witness
corner monument, thence westerly along south line of said Section 21, on an assumed
bearing of N 89 degrees 02 minutes W, 240.00 feet; thence North 40 degrees 55 minutes
West, 1,180.84 feet; thence North 73 degrees 24 minutes West,1,082.47feet; thence North
31 degrees 02 minutes West, 1,887.08 feet; thence North 58 degrees 55 minutes East 1,120
feet more or less, to shore line of Mississippi River; thence southeasterly along said shore
line, 4,200 feet, more or less, to the south line of said Section 21, thence westerly along
said south line, on an assumed bearing of North 89 degrees 02 minutes West, 85 feet, more
or less to the point of beginning.
Less and Except that portion described as follows:
Commencing at meander corner on the south line of said Section 21, said corner being
1,885.78 feet easterly of the South quarter corner, which is 25.27 feet westerly of a
witness corner monument, thence westerly along south line of said Section 21, on an
assumed bearing of N 89 degrees 02 minutes 00 seconds W, 240.00 feet; thence North 40
degrees 55 minutes 00 seconds West,1,180.84feet; thence North 73 degrees 24 minutes
00 seconds West, 637.28 feet to the point of beginning; thence continuing along last
NSP File: 17-115-21(R~ Grantor: City of Hastings, a Minnesota Municipal Corporation
Parcel No.
Line No. 5523
Page 1 of 4
described line, 445.19 feet; thence North 31 degrees 02 minutes 00 seconds West,
1,887.08 feet; thence North 58 degrees 55 minutes East 300 feet; thence South 31
degrees 02 minutes 00 seconds East, 2,216.27 feet to the point of beginning.
Except for the right of access and temporary construction area, said easement shall be limited to a 75.00-
foot wide easement (hereinafter called "Easement Area") over, under, and across that part of the herein
before described "Premises", which lies 37.50 feet on each side of the following described centerline:
Commencing at the South quarter corner of said Section 21; thence South 89 degrees 40
minutes 35 seconds East 1707.62 feet along the south line of said Section 21 to the point
of beginning of the centerline to be described; thence North 48 degrees 03 minutes 41
seconds West 185.42 feet; thence North 41 degrees 53 minutes 01 seconds West
600.85 feet; thence North 41 degrees 43 minutes 46 seconds West
354.65 feet; thence North 74 degrees 49 minutes 36 seconds West
306.04 feet; thence North 73 degrees 58 minutes 26 seconds West
282.24 feet; thence North 74 degrees OS minutes 11 seconds West
301.29 feet and said centerline there terminating.
The sidelines of said easement are to be prolonged or shortened to terminate at the south line of said
Section 21.
Together with a 75.00-foot wide easement (hereinafter called "Easement Area") over, under, and across
that part of the herein before described "Premises", which lies 37.50 feet on each side of the following
described centerline:
Commencing at the south quarter corner of said Section 21; thence
South 88 degrees 49 minutes 31 seconds West 1044.93 feet along the
South line of said Section 21; thence North 01 degrees 10 minutes 29
seconds West 2777.13 feet to the point of beginning of the centerline to
be described; thence North 55 degrees 35 minutes25 seconds East
805.29 feet; thence North 31 degrees 07 minutes 40 seconds West
100.00 feet and said centerline there terminating.
Containing 2.870 acres, more or less.
The rights granted herein may be exercised at any time subsequent to the execution of this
document.
The grant of easement herein contained shall also include the right to enter upon the Premises, to
survey for and locate said lines and shall also include the right to trim or remove from said Easement Area
any structures, trees (including tall or leaning trees located within the Premises adjacent to the Easement
Area, which may endanger said lines by reason of falling thereon) or objects, except fences, which in the
opinion of NSP will interfere with said lines. Grantor agrees not to erect any buildings, structures or other
objects, permanent or temporary, except fences, upon the Easement Area. Grantor further agrees not to plant
any trees within the Easement Area without the prior express written approval from NSP, nor to not perform
any act which will interfere with or endanger said lines.
The grant of easement herein contained shall also include the right of NSP to have reasonable
access to said Easement Area across the Premises. The grant of easement herein contained shall also include
Page 2 of 4
11FNPCPG0071Home1KHLB031RelocationslLine 0747 HastingslStaging ArealEasementslCitylCity_of_Hastings_Easement.DOC
the right of reasonable temporary use by NSP of Premises adjacent to said Easement Area during
construction, repair or replacement of said transmission lines, for additional construction area.
Said electric lines and supporting structures from time to time may be reconstructed or relocated on
said Easement Area with changed dimensions and to operate at different voltages.
The grant herein contained shall also include the right of NSP to permit the attachment of wires of
others to the structures supporting said lines.
Grantor reserves the right to dedicate and have or permit to be improved, maintained, and used
for the purposes of streets, curbs and gutters, sewers, water and underground utilities (hereinafter called
"improvements"), the portion of said Easement Area not occupied by the structures supporting Northern
States Power Company's electric system, provided that said improvements do not in the opinion of NSP
impair the structural or electrical integrity of or ability to maintain said electric system or materially alter
the existing ground elevations; and provided further that all such improvements shall not result in a
ground or other clearance of less than the minimum requirements specified by the National Electrical
Safety Code. Grantor, its agents or assigns must submit plans of improvements or other installations
within the Easement Area for review, compliance and written approval by NSP prior to installation of the
improvements.
Grantor also reserves the right to cultivate, use and occupy said Easement Area, in a manner that is
not inconsistent with NSP's rights granted herein.
NSP shall pay for all damages to landscaping, roads and driveways, fences, livestock, crops, fields
and other property caused by the construction or maintenance of said lines. Claims on account of such
damages may be referred to NSP's nearest office.
Grantor covenants with NSP, its successors and assigns, that Grantor is the owner of the above
described premises and has the right to sell and convey an easement in the manner and form herein.
Grantor agrees to execute and deliver to NSP, at NSP's cost without additional compensation, any
additional documents needed to correct the legal description of the Easement Area described herein, so that
it describes the Easement Area within the Premises that was originally intended to be granted herein and
which at a minimum provides conductor clearance meeting the requirements of the National Electrical
Safety Code.
It is mutually understood and agreed that this instrument covers all the agreements and stipulations
between the parties and that no representation or statements, verbal or written, have been made modifying,
adding to or changing the terms hereof.
Page 3 of 4
11FNPCPG0071Home1KHLB031RelocationslLine 0747 HastingslStaging ArealEasementslCitylCity_of_Hastings_Easement.DOC
IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of
the day of , 2009.
CITY OF HASTINGS
A Minnesota Municipal Corporation
1014th St E Hastings, MN
55033-1955
Signature:
Name: Paul Hicks
Its: Mayor
Signature:
Name: Melanie Mesko Lee
Its: City Clerk
STATE OF MINNESOTA
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of
2009, by Paul Hicks and Melanie Mesko Lee of the City of Hastings, 1014th St EHastings, MN 55033-
1955 on behalf of the City of Hastings, a Minnesota Municipal Corporation.
Notary Public
This Instrument was drafted by: BK
Northern States Power Company d/b/a Xcel Energy
414 Nicollet Mall, MP-8
Minneapolis, MN 55401
Page 4 of 4
11FNPCPG0071Home1KHLB031RelocationslLine 0747 HastingslStaging ArealEasementslCitylCity_of_Hastings_Easement.DOC
NORTHERN STATES POWER
`~ MINNESOTA
EXHIBIT A SHEET 1 OF 3 SHEETS
Certificate of Survey
Location: City of Hastings, Dakota County, Minnesota
Grantor: City of Hastings
See sheet 3 of 3 for descriptions.
100.00 ~ ^ I APPROX EDGE OF RIVER
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EASEMENT CL ~~
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SE~TI4N 21 ~ EASEMENT CL
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~,~: ~.._..,..,~~$°4~:~~"..W........,.: .:... •r_rrr.r.....[.wrr.wS89~4D~35~~......~».._...~..._..
~ HEREBY CERTIFY THAT THIS SURVEY, PLAN, 4R REPORT
SOUTH LINE of SECTION 21 WAS PREPARED BY ME oR UNDER MY DIRECT SUPERVI.SIGN
AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER
THE LA S S ATE of MINNESOTA.
LINE; 553 PETER D. GITZEN LIC. NG. 4490
SEC. ~~, T.1 ~5N., R.~l'V11., 5TH PM.
Co: DAKOTA ~ (~}
DATE
NORTHERN STATES POWER
`~ MINNESOTA
EXHIBIT A SHEET 2 OF 3 SHEETS
Certificate of Survey
Location: City of Hastings,
Grantor: City of Hastings
"Premises":
Dakota County, Minnesota
A tract of land situated in Section 21, Township 115 N, Range 17 W, 5th
Principal Meridian, Dakota County, Minnesota, more specifically described as
follows:
Beginning at meander corner on the south line of said Section 21, said
corner beang 1,885.78 feet easterly of one quarter corner, which is 25.27
feet wester)y- of a witness corner monumenf, thence westerly along
south line of said Section 21 on an assumed bearing of N 89 degr~e~es
02 minutes W, 240.00 feet; t~e~ce North '40 degrees 55 minutes V1/est,
1,180.84 feet; thence North 73 degrees 24 minutes West, 1,082.47 feet;
thence North 31 degrees 02 minufes West, 1,887.08 feet• thence North
58 degrees 55 minutes East 1,120 feet more or less, to shore line of
Mississippi River• thence southeaster)y along said shore line, 4,200 feet,
more or less, to tie south line of said Section 21, thence westerly along
said south line, on an assumed bearing of North 89 degrees 02 minutes
West, 85 feet, more or less to the poinf of beginning.
Beginning at meander corner on the south line of said Section 21, said
corner being 1,885.78 feet easterly of one quarter corner, which is 25.27
feet wester)y of a witness corner monumenf, thence westerly along
south line of said Section 21 on an assumed bearing of N 89 degr~e~es
02 minutes W, 240.00 feet; thence North 40 degrees 55 minutes Vl/est,
1,180.84 feet; thence North 73 de rees 24 minutes West, 637.28 feet to
the point of beginning ;thence con~inuing along last described line,
445.19 feet; thence North 31 degrees 02 minutes West, 1,887.08 feet;
thence North 58 degrees 55 minutes East 300 feet; thence South 31
degrees 02 minutes 00 seconds East, 2,216.27 feet to the point of
beginning.
LINE: 5523
SEC. 21, T.115N., R.17W., 5TH PM.
CO: DAKOTA
NORTHERN STATES POWER
//, MINNESOTA
t~
EXHIBIT A SHEET 3 OF 3 SHEETS
Certificate of Survey
Location: City of Hastings,
Grantor: City of Hastings
"Easement Area":
Dakota County, Minnesota
A 75.00 foot wide easement over, under, and across that part of the herein
before described "Premises", which lies 37.50 feet on each side of the
following described centerline:
Commencing at the south quarter corner of said Section 21; thence
South 89 degrees 40 minutes 35 seconds East 7 707.62 feet along the
south line of said Section 21 to the point of beginning of the centerline to
be described• thence North 48 degrees 03 minutes 41 seconds West
185.42 feet; thence North 41 degrees 53 minutes 01 seconds West
600.85 feet; thence North 41 degrees 43 minutes 46 seconds West
354.65 feet; thence North 74 degrees 49 minutes 36 seconds West
306.04 feet; thence North 73 degrees 58 minutes 26 seconds West
282.24 feet; thence North 74 degrees 05 minutes 11 seconds West
301.29 feet and said centerline there terminating.
The sidelines of said easement are to be prolonged or shortened to terminate
at the south Iine of said Section 21.
Together with a 75.00 foot wide easement over, under and across that part of
the herein before described "Premises", which lies 37.0 feet on each side of
the following described centerline:
Commencing at the south quarter corner of said Section 21; thence
South 88 degrees 49 minutes 31 seconds West 1044.93 feet along the
south line of said Section 21; thence North 01 degrees 10 minutes 29
seconds West 2777.'13 feet to the point of beginnm of the centerline to
be described; thence North 55 degrees 35 minutes ~5, seconds East
805.29 feet; thence North 31 degrees 07 minutes 40 seconds West
100.00 feet and said centerline there terminating.
Containing 2.870 acres, more or less.
LINE: 5523
SEC. 21, T.115N., R.17W., 5TH PM.
CO: DAKOTA