HomeMy WebLinkAboutNorthern Natural Gas Company - Encroachment Agreement - 3/1/2021 i
s
Drafted by/Return to:
Jason N. Godwin
Northern Natural Gas Company
1120 Centre Pointe Drive, Ste. 400
Mendota Heights,MN 55120
651-456-1711
(20-742)
IAB52601-12
EATS 81601
ENCROACHMENT AGREEMENT
This instrument made and entered into this I` day of Mdsrcl'►, 2021, by and between
NORTHERN NATURAL GAS COMPANY,a Delaware corporation,(hereinafter referred to as
"Northern"), with principal offices at 1 I I 1 South 103rd Street, Omaha, Nebraska 68124-1000,
and WATERLOO BOARD OF PARK COMMISSIONERS, apolitical subdivision of The City
of Waterloo,a municipal corporation under the laws of the State of Iowa(hereinafter referred to
as"Owner"whether one or more).
r
WITNESSETH THAT:
WHEREAS,Northern is the holder of an easement granted by Albert H.Knipp and Gladys
K. Knipp, husband and wife, et al., on the 191h day of September, 1958, and covering the
following described premises in Black Hawk County, Iowa:
All that part of Northeast Quarter lying Northeast of Road in section
Eighteen, Township Eighty-eight North, Range Twelve West. (all th. Pt.
of NEI/4 lying NE of Rd. in 18-88-12)
which easement was filed for record the 24th day of September, 1958, in Book 114 of Misc.
Records at Page 153, as instrument number 12541 in the Office of the Recorder of Deeds for
Black Hawk County,Iowa(hereinafter referred to as"Easement"); and
WHEREAS, pursuant to the authority contained in said Easement, Northern has
constructed and currently operates and maintains a 8-inch pipeline (IAB52601), along with the
right to install additional facilities from time to time (hereinafter referred to as "Pipeline
Facilities"),across and through the above described premises;and
WHEREAS, Owner is the present owner of the following described real property, with
Pipeline Facilities situated upon the following described land in the City of Waterloo, Black
Hawk County,Iowa(hereinafter referred to as the"Owned Premises"):
Lot 27 in Triangle Terrace, Black Hawk County, Iowa (now in the City of
Waterloo, Iowa), subject to restrictions and easements of record, excepting
therefrom the following two tracts: (a) Commencing at the Northeast corner
of Lot 26 in said Triangle Terrace: thence West along the North line of said
Lot 26 a distance of 181.5 feet;thence North along a line parallel with the East
line of said Lot 27 a distance of 120 feet;thence East along a line parallel with
the North line of said Lot 26 a distance of 181.5 feet to the East line of said
Lot 27; thence South to the point of beginning; (b)Commencing at a point on
the East lune of said Lot 27 that is 240 feet North of the Northeast coiner of
said Lot 26; thence West along a lune parallel with the North line of said Lot
26 a distance of 181.5 feet;thence North along a line parallel with the East line
of said Lot 27 a distance of 120 feet;thence East along a line parallel with the
North line of said Lot 26 a distance of 181.5 feet to the East line of said Lot
27;thence South 120 feet to the point of beginning.
WHEREAS,Owner plans to construct a 10-foot wide concrete walking and bicycling trail,
along with associated grading work,(hereinafter referred to as"Encroachment")upon and within
4a portion of the confines of Northern's Easement as depicted on Exhibit"A", with this written
consent; and
WHEREAS, Owner has been advised by Northern that Northern is a natural gas
transmission company and that Northern operates a high pressure underground natural gas
pipeline through the Owned Premises; and
WHEREAS, Owner has requested permission from Northern to maintain, use, and enjoy
the Encroachment upon a portion of Northern's Easement and in close proximity to Northern's
Pipeline Facilities; and
WHEREAS,Northern is willing to grant such permission upon the terms and conditions
set forth as follows.
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions
hereinafter set forth,the parties hereto agree as follows:
1. Northern hereby grants permission to Owner to maintain, operate and use upon the
Owned Premises and in close proximity to Northern's Pipeline Facilities,the said Encroachment,
subject to the following conditions:
i
A. That Owner assumes all risks for damages, injuries, or loss to either property or
persons,which may be incurred by Owner or its respective agents, invitees, or licensees present
on or in the vicinity of the Easement and in any way associated with said Encroachment.
B. That the permission granted herein is limited exclusively to the proposed
Encroachment within Northern's Easement. Owner shall not alter the grade or permit such
alteration anywhere on the land upon.which Northern has reserved its easement rights, without
the prior express written consent of Northern.
C. That Owner shall at all times conduct all its activities on said Easement in such a
manner as not to interfere with or impede the operation of Northern's Pipeline Facilities and
activities in any manner whatsoever.
D. That Owner shall not plant any trees or shrubs within the confines of Northern's
Easement without the prior express written consent of Northern.
E. That Owner agrees that the Encroaching Facilities shall be constructed according
to the requirements and restrictions set forth on Exhibit`B"attached hereto.
i
2. To the extent permitted by applicable law, Owner agrees to indemnify, protect, and
hold Northern, its parent, affiliates, subsidiaries, and their directors, officers, employees,
representatives, and agents harmless from and against any and all actions or causes of action,
claims,demands,liabilities,loss,damage,injury,suit,proceeding,judgment,cost,or expense of
whatever kind or nature, including but not limited to reasonable attorneys' fees, arising from or
as a result of any incident, act, action, cause of action, negligence, transaction or omission of
Owner in connection with, or incidental to the construction, operation, maintenance, or use of
the said Encroachment within,upon or in the vicinity of the Easement Area, except where such
loss, cost, liability, or expense was proximately caused by the negligence of Northern or its
employees.
3. Owner agrees that protection of Northern's Pipeline Facilities will be maintained at all
times.
4. Should Northern need to remove any of Owner's said Encroachment within its
Easement in order to construct, maintain, operate, repair,remove, or resize Northern's existing
or additional Pipeline Facilities, Owner or its respective heirs, successors, and assigns shall pay
the cost of removing and replacing or reinstalling said Encroachment. In addition,all repair and
maintenance work performed by Northern on its existing or additional Pipeline Facilities located
on the Owned Premises shall be performed in a reasonable workmanlike manner and Northern
shall restore the surface and grade of the Owned Premises where the work is performed,but shall
not be liable for loss, damage,or replacement to Owner's said Encroachment or any associated
equipment and facilities that exist within the Easement,and in this regard,Owner hereby releases
Northern, its employees, agents, officers, and directors from any and all liability for any such
loss or damage. Except in cases of emergency, Northern shall notify Owner in writing of any
planned activity that would affect the Encroachment, at least 5 days in advance of the
commencement of such activity.
5. The Parties hereto understand that this Agreement in no way constitutes a waiver by
Northern of its rights to enjoy its Easement unencumbered by the construction of said
Encroachment within Northern's Easement.
6. It is expressly agreed to by and between the parties hereto that if Owner is in violation
of any terms or conditions set forth in this Agreement,Northern,at its option,may terminate this
Agreement upon ten(10)days' notice to Owner,provided that Northern has first notified Owner
in writing of any violation and more than thirty(3 0)days,or such additional period as the parties
have mutually agreed,have elapsed without such violation being substantially remedied. In the
event of such termination, Owner shall immediately remove any and all of said Encroachment
which may be situated on the Easement, or if Owner fails to remove any and all of said
Encroachment within a reasonable time,Northern may, at its option,remove said Encroachment
at the expense of Owner and without any liability whatsoever. It is further agreed that the failure
by Northern to exercise such option as to any such violation shall not constitute a waiver of
Northern's future right to exercise such option as to the same or any future violation.
7. The provisions of the Easement, and all rights, powers, privileges, and duties,
obligations, and liabilities created thereby, remain in fall force and effect and are not affected
hereby except to the extent and in the manner set forth above.
8. To the extent permitted by applicable law,Owner agrees to indemnify,defend and hold
Northern, its parent and affiliated companies, and the directors, officers and employees of any
such corporate entities harmless from and against any liability, damage, claims, loss, cause of
action, suit, proceeding, judgment, cost (including the cost or expense of environmental
response, removal or remediation activities), fees or expense, including reasonable attorney's
fees arising from: (1) non-compliance by Owner or its agents with any laws, regulations and
orders applicable to the ownership or the operation and maintenance of the said Encroachment
on the Owned Premises described herein, and (2) any incidents, acts, releases, negligence,
transactions or omissions of or by Owner or its agents, or conditions on or affecting the
Easement, that would (i) contribute to or constitute a violation of any local, state or federal
environmental rule, regulation, law or judicial order, (ii) result, in whole or in part, in any
requirement to clean up or otherwise remedy or remediate a condition,(iii)give rise to any lien,
liability,injunction,order,restriction,claim,expense,damage,fine or penalty, or(iv) adversely
affect human health or the environment at or near the Easement.
9. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE
PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN
RESPECT OF LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF,
UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH PARTY FURTHER
WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL
HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL
CANNOT BE OR HAS NOT BEEN WAIVED, AND AGREES ANY SUCH ACTIONS
MAY NOT IN ANY EVENT BE CONSOLIDATED TOGETHER
This instrument and the covenants and agreements herein contained shall extend to and be
binding upon the heirs, executors, administrators, successors, and assigns of the parties and the
benefits of this Agreement shall run with the land.
[Remainder of page intentionally left blank. Signature and Acknowledgment pages follow.]
COUNTERPART SIGNATURE PAGE
COMPANY:
NORTHERN NATURAL GAS COMPANY
By:
Name: Bryan P. Kruger
Title: Attomey-in-Fact
ACKNOWLEDGMENT
THE STATE OF NEBRASKA §
COUNTY OF DOUGLAS §
This instrument was acknowledged before me this the day of ,
20 ,by Bryan P.Kruger, the tlttorney-in-Fact of Northern Natural Gas Company,a Delaware
corporation, as the act and deed of said corporation, and for the purposes herein described.
Notary Public, State of Nebraska
My Commission expires:
COUNTERPART SIGNATURE PAGE
OWNER:
CITY OF WATERLOO
By: I Ali lisy�
Name: Quentin M. Hart
Title: Mayor,City of Waterloo j
ACKNOWLEDGMENT
THE STATE OF IOWA §
COUNTY OF BLACK HAWK § +
This instrument was acknowledged before me this the 9 day of
2021,by Quentin M. Hart, the Mayor of The City of Waterloo,a municipal corporation under the
laws of the State of Iowa.
NANCY HIGBY Notary ublic tate of---)
—Cow A
COMMISSION NO.788229 My Commission expires: a 3i
` • MY co MISSION EXPIRES
OWP
i
E
:
Exhibit B
i
Ntl„'� i
orthern
Natural Gas
nor IWAm . tw "utMV caa...�
To: Waterloo Parks
From: NNG Engineering
Subject: Bike Path/Trail - Shaulis Rd., Waterloo, Iowa
EATS#81601 Date: 2/1/2021
Northern Natural Gas (NNG) has been made aware of plans to cross over Northern Natural Gas
pipeline on the 8.625-inch IAB52601 branch line at Mile Post(MP) 3.67 in Section 18 Township
88N Range 12W of Black Hawk County, IA. The proposed project area is currently a class 2
population area. The construction plans consist of sidewalk surface improvements.
Pipeline History
The IAB52601 Branch Line is an 8.625" outside diameter steel pipeline. The pipeline was
installed in 1960.
Engineering Recommendations
NNG Engineering approves of the proposed construction plans pending any concerns from field
operations.The following encroachment guidelines must also be followed:
• No vehicles weighing more than 20,000 lbs. per half axle are allowed to cross the NNG
gas line.
• If the ground is disturbed above the line, new grading must be added in order to keep the
initial depth of cover for the pipeline before any other vehicles cross.
• There will be no less than 36"of cover on the pipeline, including at roadway ditches, as a
result of this project
Encroachment Guidelines
NNG requires the construction teams meet the following encroachment conditions to ensure
pipeline integrity and safety during and after construction.
• Representation: An NNG representative shall be present at all times when excavation
work is being performed within 25 feet around the pipeline. The contractor shall provide
Northern Natural Gas an 811 utility one call ticket with 48 hour notice prior to excavating
in the area.
• Excavation: Mechanical excavation is allowed up to 24 inches from the NNG pipeline.
Hand excavation or hydrovac excavation is required when excavating 24 inches or closer
to NNG's pipeline.
Exhibit B
• Permanent Structures:Any enclosed structure or building permanent in nature regardless
of purpose may not be installed inside the NNG easement and should be installed a
minimum of 35 feet from NNG facilities.
• Foreign Utilities: All foreign utilities (water, gas, sanitary, sewer, oil, communication,
etc.) must cross NNG's pipelines at or near a right angle with a required minimum of 12
inches of separation.It is preferred that foreign utilities cross under NNG's pipeline where
reasonable. Foreign utilities running parallel to NNG facilities must be placed a
recommended minimum offset of 30 feet from NNG facilities.
• Appurtenances: All above grade appurtenances shall not interfere with ground patrols or
leak surveys. All light poles, manholes, signs, trees, shrubs, etc. must be placed a
recommended offset distance of 30 feet from NNG facilities.
• Fence Posts: New residential, commercial and industrial fences may not cross pipelines.
Fences running parallel to NNG facilities have a minimum recommended offset of 30 feet.
• Road Crossings: All road crossings must cross the NNG pipeline at or near a right angle
and maintain a minimum of four feet of cover over the pipeline within the roadway and
road ditches. Roads running parallel to NNG's facilities must be outside the easement and
offset a recommended distance of 25 feet from NNG facilities.
• Grade Modifications:Earthwork and other grade modification must maintain a minimum
of 48 inches of cover over NNG's pipeline after construction in all locations, Grading
modifications shall not impound water above NNG facilities.
• Heavy Vehicle Crossings: As a guideline,all vehicular crossings over roads on the NNG
pipeline have the following load restrictions (per half-axel)without additional protection:
o >36"Cover—20,000 lbs.
NNG engineering requests vehicle specifications for all construction equipment exceeding
80,000 lbs. gross vehicle weight or exceeding the specified load restrictions that will be
anticipated to cross NNG facilities. NNG engineering shall recommend appropriate
crossing protection methods, if required. Potential crossing protection methods include:
use of timber/steel plate matting, temporary bridge structures or pipeline reinforcement.
• Staging/Storage: Staging and storage of material related to the construction shall be
minimized within NNG's easement to allow NNG access to its facilities. NNG
engineering does not approve permanent storage of any materials, equipment, or vehicles
within NNG's easement.
• Damages: Any damages or modifications to NNG's facilities shall be repaired or modified
at the expense of the encroaching party. An estimate can be provided by NNG for any
modifications or repairs as required.
NNG requires that the aforementioned encroachment conditions are met to ensure pipeline
integrity and safety during and after construction. NNG engineering will continue to review
any revised construction plans and new proposals as they are developed.
JEXHIBIT A Page 1 of 2
M ::
i�' 7 F-
SEv
...........
21
N
A-1
MR,
A�v
Giff PRI F[Lif
Ioq+2I)its 4-
-317.R7
837,6-q—
-A
All
it LIM---
I 3r.01-
39.34 q
40,
Pitu
IOp
13
13212
I,q,_%Z
wm..
D I
Ic
0
MIA—
NA L
28'.16 ......
-4
MAO- ......
C)
--T
V
-4
T
1.112- tt
8M D z
...........
329.37
?z
30111
831.50
32.17
EwBRaP72d2
[ ( �
66 .
) ~ �
. �
§ '
(
� » ■
-
- ` 2 RIE
�
{ � :
� A �
& L ,
}
� f{{
! ;
!
` ® < ooe \ \
mnnrlr;
M?MMo
=j §|