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Home My WebLink AboutRiverside Park/ATC .. THE ENERGY ACCESS COMPANY Corporate Headquarters' BOX WAUKESHA, WI 53187-0047 262-506-6700' Toli Free: 866-899-3204. Fax: 262-506-6710 www.atcllc.com Ii'f De Pere Office: 1201 Enterprise Drive, Suite C, De Pere, WI 54115-4928, Phone 920-338-6500, Fax 920-338-6508 November 3, 2005 City of Oshkosh Attn: Jackson Kinney 215 Church Avenue Oshkosh, WI 54901 RE: MAINTENANCE BUILDING CONSTRUCTION WITHIN ATe LINE Q-43 RIGHT OF WAY, LOTS 10 & 11 OF BLOCK 18 OF L M. MILLER'S FIRST ADDITION, SECTION 24 T18N R16E, CITY OF OSHKOSH, WINNEBAGO COUNTY Dear Mr. Kinney: American Transmission Company LLC, hereinafter referred to as "Company", hereby gives permission to the City of Oshkosh, hereinafter referred to as "Permittee", to construct a maintenance building (as illustrated on Exhibit 2, labeled "Future Maintenance Building'), within a portion of Company's easement interests near structure 44 in the Southwest ;4 of Section 24, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin. The above referenced easement(s) were assigned to American Transmission Company LLC on January 1, 2001 by an Easement Assignment. The subject easement houses Company's transmission line designated Q-43, a 69,000-volt, single-circuit line, within an aO-foot wide right-of-way. This permission is given subject to the following conditions, agreements and stipulations and only insofar as this Company's interests are concerned in said lands. 1. The permission herein granted extends only to the extent of Company's interests in said easement area and does not relieve Permittee from the responsibility of obtaining permission from property owners, the owners of other interests in said easement area and the owners of other facilities within said easement area for the installation of Permittee's facilities therein. 2. Permittee agrees that all work done in proximity to any electric line facilities shall be per- formed in conformance with the provisions and requirements of all applicable laws, rules and regulations, including without limitation all laws, rules and regulations such as O.S.H.A. Safety and Health Regulations for Construction dealing with safe work practices and the operation of equipment near electrical lines and equipment, and the provisions of the Wisconsin State Electrical Code and any amendments thereto. H:\Projects\Encroachments (90017)\LOP Winnebago-Oshkosh (City of Oshkosh 11-1-05).doc & Permittee further agrees to the following conditions: . A TC requires a clearance distance/undisturbed area of 18 feet between the edge of the proposed building and A TC's transmission line poles. This would allow unrestricted access to the poles so as to not threaten the pole's foundational stability. . Construction equipment (with crane booms, dump boxes, backhoes, trench boxes, etc.) working under the transmission line can reach no higher than thirty one (31) feet above the existing ground level if within fifteen (15) feet horizontal of the wire zone within the easement area. . No street lights, signs, fences, or other obstructions taller than thirty one (31) feet if within fifteen (15) feet horizontal will be permitted. This height limitation also applies to any equipment used in the maintenance of the lights, signs, etc. . Any dumpsters within the easement area can be no higher than thirty one (31) feet if within fifteen (15) feet horizontal of the wire zone when raised for dumping. . No trees or shrubs are allowed within the wire zone of th~.~?~~m~rlt<3r~?~I~~e~c:lnd shrubs with mature heights no greater than twelve (12) feet are permitted outside of the wire zone. . No grade height changes are allowed within the easement area. . No stockpiling or staging of equipment/materials is allowed within the easement area. . No spoils can to be piled or stored within the easement area. . Any changes to the existing site plan will be submitted to A TC for review and approval. Note: Operators should be aware that rubber-tired equipment could build up a slight static charge under the power line. Spark discharge similar to a person touching metal in dry winter conditions may be noticeable when touching equipment parked under the line. Grounding equipment with a chain or grounding strap is recommended. 3. Permittee shall protect, indemnify, save and hold harmless the Company and its affiliated corporations and its officers, agents and employees from any and all claims, demands, actions, and all liability, costs and expenses (including reasonable attorney's fees) in connection therewith, which may be made or brought against or incurred by the Company and its affiliated corporations or its officers, agents or employees as a result of injury or death of any person (including employees of the Company and its affiliated corporations or Permittee) or damage to any property arising out of or in any way connected with the permission herein given, or Permittee's use of the easement area of Company. 4. In the event it is necessary for Company to reconstruct, protect, modify, adjust, replace or relocate its facilities located within said easement area due to the construction, operation, maintenance or existence of permittee's facilities, Permittee agrees to promptly reimburse Company upon presentation of a bill for the costs and expenses incurred by Company as a result thereof. 5. Permittee shall contact "Digger's Hotline" at (800) 242-8511 at least 5 days prior to any work, excavation or construction within Company's easement area in order to determine the location of electric, telephone and gas facilities within Company's said easement area and the applicable clearance requirements for work performed in proximity to such facilities. 6. That there will be no interference by Permittee and/or Permittee's contractors or agents with any overhead or underground electric line facilities of Company located on said premises. Access shall be maintained to Company facilities at all times. H:\Projects\Encroachments (90017)\LOP Winnebago-Oshkosh (City of Oshkosh 11-1-05).doc 0-' 7. This permission is given subject to the paramount rights of Company for the construction, replacement and maintenance of its facilities. If you have any questions concerning this matter, please contact me at your convenience, at 920-338-6533. Sincerely, ~~9~ Ben F. Hock Real Estate and Right of Way Representative Enclosures Cc: Kim Hackelberg, ATC H:\Projects\Encroachments (90017)\LOP Winnebago-Oshkosh (City of Oshkosh 11-1-05).doc f~ Please indicate acceptance of such permission, in accordance with the terms recited, by signing two of the copies of this letter in the space provided and return to my attention at the address listed above. THIS PERMIT DOES NOT TAKE EFFECT UNTIL A COpy SIGNED BY THE COMPANY IS RETURNED TO YOU. Permission under the above terms and conditions is hereby accepted. eity of Oshkosh By: r;;/// ~ Dated: /7-7-/~.:r Print Name:R\oh.ll\r,A A: V-?o\\tt.nj\<. ".LI~ ~NA-5QF --._~ \ /"~'---~">......--. <:.. ~----.",,,\ \ By:~ ted: Ja-8-;;)~ Print Name: ~R'\'t'-e-~ \1( ~ lL~r\) 1 L\~ Permission is hereby granted under the terms and conditions set forth hereinabove. AMERICAN TRANSMISSION COMPANY LLC /- By:fMMtLUtd.~ Teresa M. Kochaver Real Estate & Right of Way Manager ATC Management Inc. Dated: --' Jd. - d.;) -OS APPROVED (. ^ ,--<-) G~ "'.~ ,):/ . R~ CITY ATT .. OSHKOSH, WISCONSIN I ilereby provisions have been made to pay the liability which will accrue under this contract ~~a.~ City Comptroller H:\Projects\Encroachments (90017)\LOP Winnebago-OshkoSh (City of Oshkosh 11-1-05).doc " 1'\ ~I ~ Qi i~ d ~. ~f i:~ ~~ t~ NISNOOSIM 'HSO>iHSO A1NnOO OEl\lS3NNIM lN3lfW:llfd30 ElNINN\f1d HSO>iHSO ,10 A110 lN3L'\1d013A303li >ililfd 301Sli3Alli Z 1181HX3 lN3L'\13S\f3 ~t d ~~~ ~g H~ bU ~~ '"' cO> i~ _.......o"-~;._, -':;,~'---'6""-'-' ...,'r;;:::....::;:::~::::'. ,-I c ~ , ~ ~ ~~ 3~ \l~ e; ~5 i:5:; \:3~ ;~ ~~ ~3 ~2 ~~ d !~ ~~ - ~~ N~o~< ~~. - !;~ g J; ~~; ~+1 2-tlil ....":::..'":::..-:::........ Q~<1/";-"",,, <l -rod" \; ~ ~ ~ ~ 1 ~ ~ ~ ~ ~ \ l~: m~r:i ~~(J o t' !; ;i i