NICC Pedestrian Walkway Acceptance of EasementTHE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of an Easement for a Pedestrian Walkway Lying Within the
Northeast Iowa Community College Building
DATE: November 25, 2008
Economic Development Director Dave Heiar is recommending acceptance of an
easement for a pedestrian walkway lying within the Northeast Iowa Community College
Building, as part of the skywalk connection to the Iowa Street parking ramp.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David J. Heiar, Economic Development Director
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: Michael Van Milligen, City Manager
FROM: David J. Heiar, Economic Development Director
SUBJECT: Acceptance of an easement for a pedestrian walkway lying within the
Northeast Iowa Community College building
DATE: November 20, 2008
INTRODUCTION
This memorandum presents for City Council adoption of a resolution accepting an
easement for a pedestrian walkway lying within the Northeast Iowa Community College
(NICC) building.
BACKGROUND
The City of Dubuque has constructed an elevated walkway from the Iowa Street Parking
Ramp to the NICC facility. This was done to help facilitate Iowa Workforce
Development to move their Dubuque offices to the second floor of the building. NICC
and the City shared the costs of the walkway.
DISCUSSION
The easement is needed so pedestrians may walk through the building from the Parking
Ramp to Main Street.
RECOMMENDATION/ACTION STEP
I recommend that the City Council approve the attached resolution accepting an
easement for a walkway lying within the Northeast Iowa Community College building.
Attachments
F:\USERS\DHeiar\NICC\Memo for NICC Walkway Easement.doc
Prepared by/Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque, Ia 52001 (563) 583-4113
RESOLUTION NO 419-08
ACCEPTANCE OF THE GRANT OF AN EASEMENT FOR A PEDESTRIAN
WALKWAY LYING WITHIN THE NORTHEAST IOWA COMMUNITY COLLEGE
BUILDING
WHEREAS, the City of Dubuque has constructed an elevated walkway from the
Iowa Street Parking Ramp to the Northeast Iowa Community College facility; and
WHEREAS, the City of Dubuque and Northeast Iowa Community College have
equally shared in the costs of constructing said walkway; and
WHEREAS, the elevated walkway enters into the Northeast Iowa Community
College facility making it necessary for pedestrians to walk through the building; and
WHEREAS, Northeast Iowa Community College has agreed to grant the City of
Dubuque an easement through the building; and
WHEREAS, the City Council finds that the grant of the easement should be
accepted by the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The City of Dubuque hereby accepts the grant of the easement
from the Northeast Iowa Community College attached hereto.
Section 2. The City Clerk is hereby authorized and directed to record this
Resolution and the Easement with the Dubuque County Recorder.
Passed, approved and adopted this 1st day of December, 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
GRANT OF EASEMENT FOR PEDESTRIAN WALKWAY LYING WITHIN THE
NORTHEAST IOWA COMMUNITY COLLEGE BUILDING
For and in consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration, the receipt whereof is hereby acknowledged, Northeast Iowa Community
College with a location at 700 Main Street in the City of Dubuque, Dubuque County,
State of Iowa (Grantor), for itself, its successors and assigns, does hereby grant, sell
and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, from the date
hereof, an easement through, under and across the following described real estate
situated in Dubuque, Iowa, to wit:
Block 12, Dubuque Downtown Plaza in the City of Dubuque, Iowa
as shown on the attached Easement Exhibit dated September 8, 2008 for a pedestrian
walkway.
The easement shall continue for so long as there is a pedestrian walkway connecting
the City of Dubuque Iowa Street Parking Facility and a building located on the above
described property.
Grantor shall at all times maintain the pedestrian walkway within the building in a state
of repair and keep the pedestrian walkway open to the public at all times when any of
the occupants of the second floor of the building are open for business. City shall
maintain the pedestrian walkway outside of the building.
This easement shall run with the land described above and shall be binding upon
Grantor and its successors and assigns unless terminated by abandonment of the
102308ba1
easement by resolution of the City Council of the City of Dubuque or by mutual
agreement of Grantor and the City of Dubuque, Iowa .
7 1
Dated at Peosta, Iowa this i // ~ ~ day of ~1,'C c ~ ~, ~ ~~;" , 2008.
STATE OF IOWA
COUNTY OF WINNESHIEK
NORTHEAST IOWA COMMUNITY COLLEGE
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Ken G. Reimer, President of the Board of
Trustees
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Jan A. Bullerman, Secretary to Board
of Trustees
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On this / ~ rµday of November, 2008, before me a Notary Public in and for said
County, personally appeared Ken G. Reimer and Janet A. Bullerman to me personally
known, who being duly sworn, did say that they are the President and Secretary
respectively of the Board of Trustees of Northeast Iowa Community College, created
and existing under the laws of the State of Iowa, and that the foregoing instrument was
signed and sealed on behalf of said Board, and who acknowledged said instrument to
be the free act and deed of said Board by it voluntary executed.
Notary Public in and for the State of Iowa
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102308ba1
EASEMENT EXHIBIT
PEDESTRIAN WALKWAY EASEMENT LYING WITHIN THE
NORTHEAST IOWA COMMUINTY COLLEGE BUILDING IN BLOCK 12,
DUBUQUE DOWNTOWN PLAZA IN THE CITY OF DUBUQUE, IOWA