Routley Ctr Irrevocable LicenseMEMORANDUM
December 12, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Irrevocable License for Routley Center
Public Works Director Mike Koch is recommending approval of an Irrevocable License
for the Routley Center for an encroachment into the public right-of-way on 13th Street to
install an entrance ramp and steps.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
December 11, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Irrevocable License for Routley Center
INTRODUCTION
The purpose of this memorandum is to request City Council approval of an
Irrevocable License for the Routley Center for an encroachment into the
public right-of-way on 1 3th Street.
DISCUSSION
The City has received a request from Lowell Routley, 1296 Central Avenue,
to install an entrance ramp and steps at the 1 3th Street side of their building
to facilitate access to two entrances.
All documents have been submitted including a request for an "Irrevocable
License", signed Acceptance of Terms, a Certificate of Insurance, and a
detailed drawing. Reviews and approvals have been received from Building
Services and the Engineering Division. This is not in a historical area so
Planning Services review is not required.
RECOMMENDATION
I recommend approval of the encroachment request by the Routley Center
and recommend City Council approval of the attached License,
MAK/vjd
Prepared by Jane Smith, Engineering Assistant
LICENSE AUTHORIZING LOWELL R. ROUTLEY TO
CONSTRUCT ENTRANCE RAMP AND STAIRS
ON PUBLIC RIGHT OF WAY
Section 1. Lowell R, Routley as the owner of the premises,
(Licensee), known as 1296 Central Avenue in Dubuque, Iowa, and legally
described as Lot N 1/5 City Lot 445 be and is hereby granted an Irrevocable
License and authority to construct and maintain an entrance ramp and stairs,
(Encroachment) (see attachment for location) under the terms and conditions
set forth in this License.
Section 2. The permission herein granted is expressly conditioned on
Licensee's agreement to:
Assume any and all liability for damages to persons or property which
may result from the existence, location, installation, construction or
maintenance of said Encroachment; and
Procure and maintain in force during the term of this License a policy
of liability insurance as set forth in the attached Insurance Schedule;
and
Pay on behalf of the City of Dubuque, all sums which the City of
Dubuque shall become obligated to pay by reason of the liability
imposed upon the City of Dubuque for damages of any kind resulting
from the location, installation, existence, construction or maintenance
of said Encroachment sustained by any person or persons, caused by
accident or otherwise to defend at its own expense and on behalf of
said City any claim against the City of Dubuque arising out of the
location, installation, existence, construction or maintenance of
Encroachment and to pay reasonable attorney fees therefor; and
Indemnify, defend and hold the City of Dubuque free and harmless
from any and all claims, loss, liability and expense for death and/or
injuries to third persons or damages to property of third persons, or for
damage to any property of the City of Dubuque which may occur as a
result of or in connection with the location, installation, existence,
construction, maintenance and repair of Encroachment.
Section 3. That said Encroachment shall be maintained in accordance with
all applicable state and federal laws and regulations, and the Ordinances of the City
of Dubuque,
Section 4. Licensee covenants and agrees that the Irrevocable License
herein granted does not constitute an approval of the design, erection, location,
construction, repair or maintenance of said Encroachment and Licensee hereby
covenants and agrees not to assert such claim or defense against the City of
Dubuque in the event of claim asserted for death, personal injuries and/or property
damage against Licensee arising out of or in any way connected with the location,
installation, construction, design, repair and maintenance of the Encroachment.
Section 5. This Irrevocable License shall become effective and the rights
hereunder accrue to Licensee when this License has been approved by the City
Council and the terms and conditions thereof accepted by Licensee by acceptance
endorsed on this License.
Section 6. That the City Clerk be and she is authorized and directed to file
at Licensees' expense a copy of this License in the Office of the Recorder in and
for Dubuque County, Iowa.
Section 7. Iowa One-Call registration may be required by the Code of Iowa.
When applicable, Licensee shall submit documentation to the City Engineer of the
Iowa One-Call membership.
Signed this day of , 2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE
jThe unde~igned, being duly authorized to execute this Acceptance on
behalf of Lowell Routley, and having read and being familiar
with the terms and conditions of the Irrevocable License, hereby, for themselves, its
successors or assigns, as owners of the abutting property, accepts the same and
agree to be bound by the terms and conditions therein contained to be performed by
Lowell Routley
/s/ Lovell Routley Ph.D.
Owner
12/11/01
By:
Title:
The Routley Center For Solution-Focused Counseling, P.C.
Over 30 years of compassionate counseling solutions for real life problems
November 13, 2001
To:
Engineering Office
Dubuque City Hall
13th & Central Ave.
Dubuque, Iowa 52001
Fr: Lowell Routley, Ph.D.
Re: Sidewalk varzanc~tor nancticap entrance ar tzvo Central North Side
Please consider the following plan for improvements to my property. New stairs are
needed at the #16 and #18 entrance doors. I would also like to make them handicap
accessible at the same time. The enclosed plan shows the elevations and the 48 inch
intrusion into the right of way of the city sidewalk. Eight feet of sidewalk will remain past
the ramp and walkway.
A decision on this is requested without extended delay so the necessary construction may
be completed before January.
/~,6well Routley, Ph.D.
Lowell Routlev, Ph.D. LMHC
1296 Central Avenue, Dubuque, IA 52001
Jim Gardner, Ph.D. LMHC
Phone: (563) 588-4476 Fax: (563) 588-3884
CERTIFICATE OF LIABILITY INSURANCE
PAGE 01
12/05/01
Bideaux Smith Weber
1290 Jackson Street, P.O. Box 1566
Dubuque IA 52004-1566
-~b"E~r. Lowell R. RoutleyP~D
1296 Central Avenue
Dubuque, IA 52001
THIS CERTIFICATE I8 ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
~t Ber~ Mutual Insurance Cor~i~%¥ .......
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY RERIO0 INDICATED. NOTWITHSTANDING
ANY REOU}REMENT, TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POliCIES. AGGREGATE LIMITS SHOWN MAY NAVE BEEN REDUCED BY PAiD CLAIMS.
~;~ COMMERCIAL QENERAL UAe L~Y BAI 0218839 5/08/01
.~ ALL OWNED AUTOS
A ~ ~I 02345~ 5/~/01
5/08/02
5/O8/02
UMITS
$
TORY LI~TS____~R ~
Addltional Insured The City of Dubuque, including all its elected and appointed officials, all
its employees and volunteers, all its boards, coa~issions and/or authorities and their
board members, employees, and volunteers.
Endorsed waiving right of recovery against City of Dubuque, Iowa.
City o~ Dubuque
City Mall
50 W 13th Street
Dubuque, IA 52001
ACORD 2~S (7;9~
CANCEL~ aTION
'u'rh~~ACORD~RATION
NOV-28-2001 NON 98:46 AM A~ERIOAN TRUST
F~× 1{0, ~85 589 OSeO
C~ERT]FICATE OF TITLE
?, O!
l.'~s ¢¢rtLfies tha~ I have ¢×amLsed the abswact oft~tte to tM fol~o~g ~sc~d
reda e~ate M Dubuque Co--W, lo~a:
Lot I of the Sundivision of the North 1./5 of Ci~ Out ~ot 445 in the City of
Dubuque, Iowa, aceo~ing to the United States Commissioner's Map and the
~oMed P~ts thereof
~om ~ mot oftit~, ~d ]~t cert~ed by Dabuque Co~y Abs~a~t ~d Titl~ Comply
onApr~20, 19~, at 8:00 mm., ~d t~t s~ ahztr<t ~ws good ~ ~r~hmab]e tMe
m ~ ~ LOWELL R. ROU~EY ~ TE~Y L. ROUTLEY, ~rSBAND ~
- -m .'~' , - Me,gage to the ~MC~ TRUST ~
WIFE, AS JOIN, 2~NANTS, sub~ct to a
SAVINGS B~, d~ed M~eh 29, i~9, to secu~ tM paint of $147,336.00, md
receded on April 5, 1999, ~ l~trmem Numar 5683-1999 of the Mortgage Recur& M
the Office oft~e ~corder of Dubuqne Count, Iow~ wMch is a ~st 1:[~ on ~d re~
asia*e, subj~t only to: No prior liens. Note that m e~lier M~gage to "City of Dab~ue
Housing 8ervlces Dep~mem" recorded Nov~r 13, 1998, ~ I~ent ~18010-199g,
}~q ~ su~r~at~ to InsOlent g5683-I9~ by a ~bordMatlog Agra~nt recorded
Ap~t 5, D99, as I~t~ent ~5694-1999.
I a~ea to M&~' you ~d yo~ ~ucc~sors i~ htmest ~ *he moggage op~ea
h~retO, to the full e~ent of ~7 1o~ a~ibu~ble to a bm~h of my duty to ex, cbc
reasonable c~e ~d ~ in the e~tbn of the title md ~e givhag ofthls op~,ion.
Dated a~: Dubuque, iowa, on May i3, 1999.
lames A. Trarmek. ITG fl7526
Attorney-At- Law
Hughes & Trarmel, P.C.
1154 Iowa Street
Dubuque, iow~a 52001-4818
(319) 557-7360