Title/Name/Summary
143rd Street and John Humphrey Drive, Intersection Improvements and Bridge Replacement Project; Acceptance of Utility Joint Use Agreement and Encroachment Agreement
History
During the Right-of-Way (ROW) acquisition process for the 143rd Street and John Humphrey Drive Intersection Improvements and Bridge Replacement Project, the Village learned that a petroleum pipeline easement exists on the north side of 143rd Street. This easement predates the construction of 143rd Street and therefore supersedes the Village’s rights within the existing ROW. As a result, the Village must obtain relief from the current easement owner in order to begin and complete construction of the project.
A brief description of this request is provided below. The attached documents and the contents of this report have been prepared and reviewed by the Village's attorney and are recommended for approval.
As disclosed by a title examination of the site involved in the above referenced project, underlying a portion of the project area is a petroleum pipeline right-of-way and easement granted in 1956 to Texas Eastern Transmission Corporation. This right-of-way is now owned by Enterprise TE Products Pipeline Company, LLC. The pipeline itself is significantly below grade, and the site work should have no impact on the stability of the pipeline. However, for access to the pipeline there are pipe vents which would have to be relocated as a result of the planned southbound Humphrey Drive right turn lane. This right turn lane has been removed from the project in order to avoid the pipe vent relocation. The removal of right-turn lane was accepted by the Village and approved by IDOT. In order for the project to proceed, it was necessary to obtain approval from Enterprise TE Products Pipeline Company to work within the pipeline right-of-way and easement area. Enterprise has required the Village to execute a “Utility Joint Use Agreement” and an “Encroachment Agreement” copies of each are attached. The essential provisions of each Agreement are as follows:
Utility Joint Use Agreement
(a) The project area shown on plans submitted to Enterprise TE Products will be jointly used for both highway and utility purposes.
(b) Nothing in this Agreement will serve to extinguish any right to compensation Enterprise TE Products will have if the pipeline facilities need to be altered, modified or reconstructed.
(c) The Village must notify Enterprise thirty (30) days in advance if the project plans require alteration or modification of the pipeline facilities.
Encroachment Agreement
(a) The Village assumes all risk for damages, injuries or loss to persons or property resulting from the work in the project/encroachment area and all costs for maintenance and improvements made necessary by the work in the project area.
(b) 48-hour notice before any construction activity must be given to Enterprise TE Products and a company representative must be present during construction who will have authority to stop any work if the construction activity could result in damage to the pipeline facility or pose a threat to the environment or public safety.
(c) Signage warning of the existence of the pipeline must be conspicuously displayed at the job site.
(d) Construction activity and equipment will require Enterprise TE Products’ approval.
(e) Any underground utilities must be installed over the pipeline.
(f) The Village must fully indemnify, defend and hold harmless Enterprise TE Products for any claims or damages for bodily injury resulting from the encroachment and construction activities.
Financial Impact
There is no financial impact on the Village. The changes in the project are included in the overall project construction cost.
Recommended Action/Motion
I move to approve the attached Utility Joint Use Agreement and Encroachment Agreement with TE Products Pipeline Company, LLC;
AND
Authorize the Village Manager to execute all related agreements, subject to Village Attorney review.