Acceptance of Grant of Easement for Storm Sewer Utility across Interstate Power and Light Compnay Property off Julien Dubuque DriveCity of Dubuque
City Council
CONSENT ITEMS # 14.
Copyrighted
February 17, 2025
ITEM TITLE: Acceptance of Grant of Easement for Storm Sewer Utility
across Interstate Power and Light Company Property off
Julien Dubuque Drive in Dubuque
SUMMARY: City Manager recommending City Council acceptance of the
Grant of Easement for storm sewer utility from Interstate
Power and Light Company (Alliant) for a proposed storm
sewer extension project across part of Lot 2 of Lot 1 of Lot 1
of Mineral Lot 13, in the City of Dubuque, Iowa, common
address 80 Julien Dubuque Drive.
RESOLUTION Accepting A Grant Of Easement For Storm
Sewer Utility Through, Under And Across Part Of Lot 2 Of Lot
1 Of Lot 1 Of Mineral Lot 13, In The City Of Dubuque, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. 1 memo accept grant storm ease alliant jul dub dr
3. 2 res accept storm ease alliant jul dub dr
4. 3 alliant jul dub dr storm sewer ease signed
5. 4 alliant jul dub dr storm ease loc map
Page 204 of 797
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Grant of Easement for Storm Sewer Utility across Interstate
Power and Light Company Property off Julien Dubuque Drive in Dubuque
DATE: February 11, 2025
City Engineer Gus Psihoyos is recommending City Council acceptance of the Grant of
Easement for storm sewer utility from Interstate Power and Light Company (Alliant) for a
proposed storm sewer extension project across part of Lot 2 of Lot 1 of Lot 1 of Mineral
Lot 13, in the City of Dubuque, Iowa, common address 80 Julien Dubuque Drive.
The Engineering Department is planning a storm sewer extension project off Julien
Dubuque Drive to address some erosion issues that are occurring on the Interstate
Power and Light Company's South Grandview Substation property. The project will
include an extension of an existing storm sewer that drains the Julien Dubuque Drive
pavement, installation of an energy dissipating outlet structure, and installation of a rip
rap outlet area. The storm sewer extension project will be coordinated with the property
owner.
The City of Dubuque will own and maintain the newly constructed storm sewer
extension and appurtenances over the private property. A grant of easement from the
property owner is being sought to allow for the construction and ongoing maintenance
of the utility extension. The attached Grant of Easement shows the location of the
storm sewer easement across the Interstate Power and Light Company property. The
property owner has executed the grant of easement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
►VA [yT/►TA WA
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, PE/PLS
Page 205 of 797
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Acceptance of Grant of Easement for Storm Sewer Utility across Interstate
Power and Light Company Property off Julien Dubuque Drive in Dubuque
DATE: January 29, 2025
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a grant of easement for storm sewer
utility from Interstate Power and Light Company (Alliant) for a proposed storm sewer extension
project across part of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 13, in the City of Dubuque, Iowa,
common address 80 Julien Dubuque Drive.
DISCUSSION
The Engineering Department is planning a storm sewer extension project off Julien Dubuque
Drive to address some erosion issues that are occurring on the Interstate Power and Light
Company's South Grandview Substation property. The project will include an extension of an
existing storm sewer that drains the Julien Dubuque Drive pavement, installation of an energy
dissipating outlet structure, and installation of a rip rap outlet area. The storm sewer extension
project will be coordinated with the property owner.
The City of Dubuque will own and maintain the newly constructed storm sewer extension and
appurtenances over the private property. A grant of easement from the property owner is being
sought to allow for the construction and ongoing maintenance of the utility extension. The
attached Grant of Easement shows the location of the storm sewer easement across the
Interstate Power and Light Company property. The property owner has executed the grant of
easement.
RECOMMENDATION
I recommend accepting the Grant of Easement for Storm Sewer Utility through, under and
across Part of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 13, in the City of Dubuque, Iowa, as shown
on Exhibit A on the attached Grant of Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Easement for Storm Sewer Utility from
Interstate Power and Light Company through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PE/PLS
Page 206 of 797
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13'h Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer. City of Dubuque, 50 W. 131h Street, Dubuque IA 52001 (563) 589-4270
RESOLUTION NO. 52-25
ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER UTILITY THROUGH,
UNDER AND ACROSS PART OF LOT 2 OF LOT 1 OF LOT 1 OF MINERAL LOT 13,
IN THE CITY OF DUBUQUE, IOWA
Whereas, Interstate Power and Light Company has executed a Grant Easement
for Storm Sewer Utility through, under and across Lot 2 of Lot 1 of Lot 1 of Mineral Lot
13, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of,
accepts and consents to the Grant of Easement for Storm Sewer Utility through, under
and across Part of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 13, in the City of Dubuque, Iowa
from Interstate Power and Light Company, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 171h of February 2024.
Attest:
Adrienne N. Breitfelder, City Clerk
Doc ID: 011323380006 Type: GEN
Kind: EASEMENT
Recorded: 02/19/2025 at 12:49:04 PM
Fee Amt: $32.00 Paqe 1 of 6
Dubuque County Iowa
Karol Kennedy Recorder
File2025-00001615
Prepared by: Nate Kieffer, City of Dubuque. 50 W. 131 Street, Dubuque, Iowa 52001 (563)5894270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13"' Street, Dubuque, Iowa 52001 (563)5894270
GRANT OF STORM SEWER UTILITY EASEMENT
For and in consideration of One and 00/100's Dollars ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
INTERSTATE POWER AND LIGHT COMPANY, ("Grantor"), of Dubuque County,
State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and
convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation,
its agents and contractors, from the date hereof, rights of ways and easements
through, under and across the following described real estate situated in
Dubuque, Iowa, to wit:
Part of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 13, in the City of Dubuque,
Iowa, as shown on Exhibit A attached hereto and by reference made a
part hereof.
Said easement, as shown on the attached Exhibit A, is for the purpose of
constructing and maintaining a storm sewer utility and other appurtenances,
along with the right, privilege and authority to construct, reconstruct, maintain,
operate, repair, patrol and remove said improvements within the area specified or
identified on Exhibit A. Said easement shall also include the right to cut, trim or
remove trees, bushes and roots as may be required incident to rights given
herein.
Grantor retains the right to approve any changes or modifications to the
easement terms or the use of the easement area. Any proposed changes must
be submitted in writing to Grantor for approval, which shall not be unreasonably
withheld.
It is understood and agreed that the Grantee herein shall restore the disturbed
area to like conditions due to the construction, maintenance or repair of said
storm sewer and appurtenances. Grantee shall provide Grantor with a minimum
of seven days' notice prior to accessing the easement area.
Grantor shall not erect any structure over or within the easement area without
obtaining the prior written approval of the City Engineer. Grantor shall not
change the grade, elevation, and contour or perform any construction or
excavation that will diminish the lateral support or integrity of said improvements
without obtaining the prior written consent of the City Engineer.
Grantee agrees to indemnify, defend, and hold harmless Grantor and its affiliates
and its and their officers, agents, and employees from and against any and all
claims, damages, losses, liabilities, and expenses, including reasonable
attorney's fees, arising out of or in connection with Grantee's use of the
easement area, including but not limited to claims for personal injury, property
damage, and environmental liabilities, except to the extent caused by Grantor's
negligence or willful misconduct.
To have and to hold unto the said City of Dubuque, Iowa, forever, and the
undersigned do hereby expressly covenant that they are the owners in fee of
said real estate and have good right to execute this agreement, and that the
Grantee, its agents or contractors, shall at all times have free access to and
egress from and over said real estate to maintain or repair said storm sewer
utility thereon or therein.
Grantor shall have the right to access the easement area at any reasonable time
for the purpose of inspection and maintenance. Grantor shall provide Grantee
with reasonable notice prior to accessing the easement area.
Dated at Dubuque, Iowa this -C. day of-"0 2025IJ
-
INTERSTATE POWER AND LIGHT
COMPANY
By. r
Heather Dee, Manager
REROW/Joint
Facilities/Permitting
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this u L day of ' 'l ' , A.D., 2025 before me, the undersigned,
a t15ary Public in and said County, in said State, personally appeared
N
a� 2 - Do.�J to me known to be the identical person(s)
named in and who executed the within and foregoing instrument, to which this is
attached, and acknowledged that they executed the same as their voluntary act
and deed.
"'"` -LMARY J i OnTGOMERY Nota Pb c In an For ai State
Notarial Seal - IOWA
A Commission No, 784124
My Commission Expires May 16, 2
Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270
CITY OF DUBUQUE
EXHIBIT A - PERMANENT STORM SEWER UTILITY EASEMENT
COUNTY DUBUQUE PARCEL NO. 1036426017 JOB NO.
PROJECT SECTION 36 TWP 89N RANGE 2E
ROW -FEE NSA EXIST. ROAD N/A PERM. EASEM'T SEE BELOW
LEGAL DESCRIPTION LOT 2 OF LOT 1 OF LOT 1 OF MINERAL LOT 13
OWNER INTERSTATE POWER COMPANY
OFN�OltJM1N\
Vol 35
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NORTHWEST 5.90' (5.88') /
CORNER OF LOT 1
NORTH
OF LOT 1 OF LOT 1
FOUND 1" I.D. IRON
PIPE
FOUND 0' 20' 40' 80,
' CONCRETE
MONUMENT SCALE 1" = 40' FEET
WITH DISK
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I SEWER UTILITY EASEMENT
\ 1,875 SQ. FT., 0.043 AC
/
CENTERLINE
PROP�I 25 WIDEED
1 EASEMENT
FOUND
CONCRETE F
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WITH DESK OF OQt 0
LEGEND 00
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® PROPOSED PERMANENT STORM
SEWER EASEMENT AREA
FOUND MONUMENT AS NOTED
R.O.W. RIGHT OF WAY
(100.00') RECORD DIMENSION
PROPERTY
LINE / R.O.W. LINE
CENTERLINE
EASEMENTLINEOPOSED CITY OF DUBUQUE
NOTES: ENGINEERING DEPARTMENT
CITY HALL. 50 WEST 131n STREET
DUBUQUE, IA 52001 864
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF
2. PROPRIETOR OF ABOVE DESCRIBED LOT: INTERSTATE POWER COMPANY PHONE (563) 589-4270 FAX (563) 58s- 05
3. SURVEY REQUESTED BY: CITY OF DUBUQUE Drain BY LB I Applwed 8y. RNK Dale: 1-2.25
4, TOTAL AREA OF PERIMETER SURVEYED IS 1.875 SQUARE FEET (0.043 ACRES)
5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD
6. DATE OF SURVEY 12-30-2024 LOT 2 OF LOT 1 OF LOT 1 OF MINERAL LOT 13,
IN THE CITY OF DUBUQUE, IOWA
c:\pR0)ECTS\Slorm and Sanitary\Lasemen[sUuhen Duouque Drive Stan - ABianl omperlyVul 7bq Jr Storm Evnldwg
Prepared by: Nate Kieffer City of Dubuque 50 W. 13" Street Dubuque IA 52001 (563) 589-4270
Retum to: Nate Kieffer. City of Dubuque. 50 W. 13" Street, Dubuque IA 52001 (563) 5894270
RESOLUTION NO. 52-25
ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER UTILITY THROUGH,
UNDER AND ACROSS PART OF LOT 2 OF LOT 1 OF LOT 1 OF MINERAL LOT 13,
IN THE CITY OF DUBUQUE, IOWA
Whereas, Interstate Power and Light Company has executed a Grant Easement
for Storm Sewer Utility through, under and across Lot 2 of Lot 1 of Lot 1 of Mineral Lot
13, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of,
accepts and consents to the Grant of Easement for Storm Sewer Utility through, under
and across Part of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 13, in the City of Dubuque, Iowa
from Interstate Power and Light Company, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 17th of February 2024.
Attest:
t
Adrienne N. Breitfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed,
qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
City Clerk, I have in my possession or have access to the records of the proceedings of the
City Council. I do further state that the hereto attached Resolution No. 52-25 is a true and
correct copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 19t' day of February 2025.
Adrienne N. Breitfe der, City Clerk
Dubuque
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DISCLAIMER: This information was compiled using various data
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while the City utilizes the most current and accurate information 1 inch equals 100 feet
available, the City does not warrant the accuracy or currency of the , /�' Engineering Division
information or data contained therein. By use of this information, I I V V E 50 West 13th Street
the user agrees the City is not responsible for the misuse or Dubuque, Iowa 52001
misinterpretation of any information displayed in this map and that 0 50 100
the user will not hold the City liable for any loss, damage, or Phone: (563) 589-4270
inconvenience caused as a result of reliance on the information. Feet S Fax: (563) 589-4205
Page 212 of 797