HomeMy WebLinkAboutIowa Department of Transportation-Right-of-Way Agreement-10.05.2009 1
STAFF ACTIONS0/0-0335
RIGHT OF WAY AGREEMENT FOR
CITY STREET RELOCATIONS AND/OR RECONSTRUCTION
County Black Hawk
City Waterloo
Project No. NHSX-63-6(70)--3H-07
Iowa DOT
Agreement No. 2010-1-039
1. This Agreement is between the City of Waterloo,Iowa,hereinafter designated the"CITY",and
the Iowa Department of Transportation, Highway Division, hereinafter designated the "DOT"
and in accordance with Iowa Code sections 28E.12 and 306A.7.
2. The CITY and the DOT previously entered into Agreement 02-07-HPPU-017 for the above
referenced project.
3. The CITY hereby agrees that the DOT shall acquire rights of way for the reconstruction and
realignment of U.S. 63 from Newell Street north to Donald Street in the city of Waterloo.
4. The CITY shall be responsible for obtaining any necessary permits from the DOT, such as the
Right to Occupy and/or Perform Work Within the Right-of-Way, Permit of Access, Utility
Accommodation, Right to Install and Maintain Traffic Control Devices, or other construction
permits required for the project prior to the start of construction.Neither the approval of funding
nor the signing of this agreement shall be construed as approval of any required permit from the
DOT.
5. The CITY shall obtain all project permits and/ or approvals, when necessary, from the Iowa
Depaitinent of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation
Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of
Engineers, or other State or Federal agencies as may be required.
6. Right-of-way is required for this project. The DOT through the Office of Right of Way shall
acquire the necessary right-of-way at no additional cost to the CITY. Right of way shall be
acquired in accordance with 761 Iowa Administrative Code Chapter 111, Real Property
Acquisition and Relocation Assistance.
7. The CITY shall provide, without cost to the DOT, any right-of-way for the project which
involves dedicated streets or alleys,and any other CITY-owned lands,except park land,which
are required for the project. The CITY has apprised itself of the value of these lands, and as a
portion of their participation in the project, voluntarily agrees to make such lands available
without further compensation.
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8. In connection with this project any real estate and rights to real estate necessary for right of way
at the connection of any city street or alley and a primary highway relocation or reconstruction
project,any access road or frontage road right of way if any,and any permanent utility easements
which are or which will be under the jurisdiction of the CITY may be acquired by the DOT,for
and in the name of the CITY. Where acquired by contract the CITY will receive title from the
contract seller and the CITY will accept title thereto. Where acquired by condemnation,a single
joint condemnation proceeding will be instituted by the DOT to acquire real estate or rights in
real estate needed by the CITY for the CITY and to acquire real estate or rights in real estate
needed by the DOT for the DOT.
9. Access rights may be acquired by the DOT along all city street intersections within the project
limits. Access rights, if acquired, will be in the name of the State of Iowa. The acquisition of
access rights will be in accordance with 761 Iowa Administrative Code Chapter 112.11(8)and
the 2005 DOT Access Control regulations. If the CITY feels that it is in the best interest of the
parties involved to modify the access rights in any way,they may petition the appropriate District
Engineer to do so.
10. If the project requires utility relocations, subject to the approval of and without expense to the
DOT, the CITY agrees to perform or cause to be performed all relocations, alterations,
adjustments or removals of existing utility facilities, including but not limited to power,
telephone lines, fiber optics lines,natural gas pipelines,water mains and hydrants, curb boxes,
utility accesses, storm water intakes, sanitary sewers, and related poles, installations and
appurtenances,whether privately or publicly owned,and all parking meters,traffic signals and
other facilities or obstructions which are located within the limits of an established street or alley
and which will interfere with construction of the project and the clear zone.All utility relocations
shall be accomplished in accordance with the DOT's Utility Accommodation Policy,as set forth
in 761 Iowa Administrative Code, Chapter 115.
11. If the CITY has completed a Flood Insurance Study(FIS) for an area which is affected by the
proposed primary highway project and the FIS is modified, amended or revised in an area
affected by the project after the date of this agreement,the CITY shall promptly provide notice of
the modification, amendment or revision to the DOT. If the CITY does not have a detailed F1S
for an area which is affected by the proposed primary highway project and the CITY does adopt
an FIS in an area affected by the project after the date of this agreement,the CITY shall promptly
provide notice of the FIS to the DOT.
12. This Agreement may be executed in two counterparts, each of which so executed shall be
deemed to be an original and both shall constitute but one and the same instrument.
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IN WITNESS WHEREOF, each of the parties hereto has executed Agreement
No. 2010-1-039 as of the date shown opposite its signature below:
CITY OF WATERLOO:
PC23013--
By: Date Dc; - , 2009 .
Title: Mayor lie-Ttm,"Retie_cacDwAx{s-
I, k. ` tePr- , certify that I am the Clerk of the CITY, and that
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'C NA \Q_ C ,who signed said Agreement for and on behalf of the CITY was
duly authorized to execute the same on the J day of Dom- , 200c
Sign d: NW,/ FatteL
City Clerk of Waterloo, Iowa.
IOWA DEPARTMENT OF TRANSPORTATION:
BY �[.G�Cc l�C J Date /,1OZ) . 5 ,200
Vicki Dumdei
District Engineer
District 2
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