6.3 Partial Release of Right of Way Easement
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
03/19/2012 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
6
NO:
BY:
PUBLIC WORKS
FINAL APPROVAL:
ITEM
NO:3
BY: Daniel R. Stack BY:
Page 1
ITEM:
Authorize the mayor to sign a partial release and modification of right-of-way easement by Westar for
upgraded electrical transmission lines crossing City Flood Control Levee property.
BACKGROUND:
Westar is in the process of upgrading the existing high voltag e distribution line and associated
appurtenances along an existing transmission route. Westar currently holds a blanket easement on
the property which will be reduced to a 50 foot width along the south edge of the parcel, as depicted in
Exhibit A. The acceptance of the attached permanent Westar right-of-way easements are necessary
for this work to occur.
The western portion of the easement (SA-010) is located at the junction of River Trail Addition and
Golden Eagle Estates No. 5 over t he flood control levee. This corresponds to approximate levee
station 104+00, Section II. The eastern portion is located on the parcel east of the Smoky Hill River in
Section 30 as described in the attached document and exhibit. The amount of property to be granted
is 2.03 acres.
Westar plans anticipate installation of new support structures in approximately the same locations as
the existing structures. Those structures will not be constructed in the City’s flood control right-of-way,
but will be within the “critical area” of the levee. Westar is accustomed to working in areas subject to
the Corps of Engineers scrutiny. At the request of City staff, the following language has been
incorporated into the standard Westar form in order to document the City’s responsibility for pre-
approval of construction within the critical area of the le vee consistent with Corps of Engineer’s
review:
“Grantee acknowledges that a flood control project constructed by the United States Army
Corps of Engineers is located on the above described property (the “levee”). Grantor is the
local sponsor responsible for controlling all construction which occurs within the critical area of
the levee pursuant to Army Corps of Engineers guidance for work proposed near or within a
federally constructed flood control project. Grantee shall comply with required construction
and maintenance conditions as specified by the Army Corps of Engineers relative to the levee
on the above described property, including, but not limited to, obtaining written preapproval by
the Grantor/local sponsor of any construction by or at the direction of the Grantee to occur
within the critical area of the levee. Grantor/local sponsor’s preapproval of such construction
shall not be unreasonably withheld and shall be consistent with the Army Corps of Engineers
engineering review.”
Westar has offered to compensate the City in the amount of one thousand dollars ($1,000) for the
2.03 acres. Staff believes this to be a reasonable agreement because it reduces the ultimate
easement area.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
03/19/2012 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
6
NO:
BY:
PUBLIC WORKS
FINAL APPROVAL:
ITEM
NO:3
BY: Daniel R. Stack BY:
Page 2
FISCAL NOTE:
The easement money collected will go to the City General Fund.
COMFORMANCE WITH STRATEGIC PLAN:
Goal #3: The City will provide the highest quality of services, consistent with governing body direction,
available resources, and staff commitment to quality.
RECOMMENDED ACTION:
Staff recommends that the City Commission grant the Westar utility easements.
Enclosures: Area Map
Grant of Right of Way (SA-010)
Exhibit A