ITC Midwest Easement Agreement - 2849 White Street Copyright 2014
City of Dubuque Consent Items # 7.
ITEM TITLE: ITC Midwest Easement Agreement - 2849 White Street
SUMMARY: City Manager recommending approval of an easement agreement with ITC
Midwest for electric transmission line maintenance work at 2849 White
Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ ITC Midwest Easement Agreement-2849 White Street-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ ITC Letter Supporting Documentation
❑ Easement Agreement 2849 White St Supporting Documentation
❑ Acquisition Plat Sidewalk Easement Exhibit A Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: ITC Midwest Easement Agreement — 2849 White Street
DATE: August 10, 2015
City Engineer Gus Psihoyos recommends City Council approval of an easement
agreement with ITC Midwest for electric transmission line maintenance work at 2849
White Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
buque
THE CITY
E OF Du
DUtBi i
Masterpiece on the Mississippi 2007.2012.2013
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: ITC Midwest Easement Agreement— 2849 White Street
DATE: August 10, 2015
INTRODUCTION
In 2011 the City of Dubuque received notification of ITC Midwest electric transmission
line maintenance work on city property. See attached notification. Work on these lines
included raising the lines and some pole replacements.
DISCUSSION
On July 8, 2014 Mr. Bruce Bielema, Field Supervisor with ITC Midwest contact City
Engineering regarding the pole locations needing change out. Thirteen locations were
identified and reviewed by ITC and city staff.
For three of the locations, an easement was required from abutting property owners for
the public sidewalk to pass by the new ITC pole and meet the Americans With
Disabilities Act for pedestrian passage clearance of four foot (4').
In working with the Legal Department and ITC, an easement agreement was developed
to allow the public sidewalk to be constructed into private property, typically a distance
of one to two and one-half feet (2-1/2'). The liability and maintenance of this esement
area remains with the abutting owner, just as the rest of the public sidewalk is the
responsibility and liability of the abutting owner according to City Code Title 10-1-2.
ITC has negotiated with the third and final property owner and is requesting the city's
approval and signature for the agreed easement for the property at 2849 White Street.
Please see attached agreement and Exhibit. After the city has executed the document,
ITC will execute and record, sending a copy to the city for our records.
ACTION TO BE TAKEN
Please review the attached request, easement agreement and exhibit for the public
sidewalk constructed on private property. Your approval and consent of the City
Council is requested.
cc: Crenna Brumwell, Asst. City Attorney
Maureen Quann, Asst. City Attorney
Jane Smith, EAII
F\,JANE sMii-idw ilily Projects&communication i_icensOITC
2
ITC MIDWEST
123 Fifth Street SE
Cedar Rapids, IA 52401
phone: 319.297.6700
www,itctransco.com
December 2, 2011
City of Dubuque
50W 13" Street
Dubuque, IA 52001
RE: Upcoming Electric Transmission Line Maintenance Work — Salem — Center Grove,
Dubuque County, IA
Dear Neighbor:
ITC Midwest (ITCM), a subsidiary of ITC Holdings Corp., purchased the electric
transmission line& in your area from Alliant Energy 'in 2007. ITCM operates and
maintains the line located on your property,pursuant to an easement formerly owned by
Alliant Energy, which easement was partially assigned to ITCM by Alliant Energy.
We are writing to give you advance notice that ITCM will soon begin maintenance work
on the electric transmission line located on your property. The planned work involves
raising the transmission lines in the area. ITCM expects this work to begin around
February 2012 and expects to complete this project by the end of April 2012.
After the maintenance work is complete, ITCM will restore your land, as nearly as
possible, to the condition existing before the start of this project. ITCM will also
compensate you for any damage that occurs in the course of its work. If damages
occur, please contact Jeanne Archie, Sr. Property Management Specialist at 319-297-
6764 or larchie(v�itctransco.com.
This notice is also intended to inform owners of the properties on which the
transmission lines are located to exercise caution and avoid getting near or making
contact with the overhead transmission lines when working near or under them. At all
times it is recommended that people avoid operating or using equipment (such as poles,
ladders, cranes, dump trucks, etc.) near or under the lines.
we're your energy superhighway
If you have any questions please give me a call.
Sincerely,
4inn,
Jeanne L. Archie
Sr. Property Management Specialist
ITC Midwest
1235 1h Street, SE
Cedar Rapids, Iowa 52401
319-297-6764
0archie(@itctransco.com
Return to:
Prepared By:
Mallory King —JCG Land Services — 1715 South G Avenue, Nevada, Iowa 50201 (515) 382-1698
Tarah Andrews — JCG Land Services —1715 South G Avenue, Nevada, Iowa 50201 (515) 382-1698
EASEMENT AGREEMENT
PUBLIC SIDEWALK
THIS EASEMENT AGREEMENT ("Agreement"), entered into by the City of Dubuque,
(hereinafter called "City"), Jeffrey Alan Jackson, a single person, 2849 White St., Dubuque, IA 52001,
(hereinafter called "Abutting Property Owners"), and ITC Midwest LLC, a Michigan limited liability
company, 27175 Energy Way, Novi, MI 48377, its successor and assigns, ("ITCM") (collectively, City,
Abutting Property Owners and ITCM may be referred to herein as the "Parties", individually as a
"Party");
WITNESSETH:
WHEREAS, the City desires to maintain adequate clearance between vehicular traffic and pedestrians
to enhance pedestrian safety; and,
WHEREAS, the width of the street right-of-way at the location herein described is not sufficient to
accommodate both street paving and sidewalks and still maintain adequate clearance between
vehicular traffic and pedestrians; and,
WHEREAS, ITCM is replacing its existing electric transmission line facilities ("Facilities") currently
located in the public sidewalk right-of-way, and said Facilities will remain in the public sidewalk right-of-
way; and,
WHEREAS, the City does not need additional right-of-way for vehicular purposes, but does for
pedestrians only, the Abutting Property Owners grant permission for a public sidewalk to exist over the
land described as follows:
AS SHOWN ON THE ATTACHED PLAT MADE A PART HEREOF
NOW, THEREFORE, in consideration of the mutual promises herein stated, the parties agree as
follows:
Abutting Property Owners grant to the City permission to allow ITC to relocate and re -construct the
existing concrete sidewalk onto the above described property. The City agrees that said sidewalk shall
not be more than 4' wide. Said sidewalk shall be surfaced with 4" concrete, except it shall be 6"
concrete through owner's driveway access to the street.
ITC will bear all costs associated with the easement acquisition and/or pole relocation and sidewalk re-
construction during the project.
III.
It is understood and agreed the consideration for this Agreement includes full compensation by ITC for
all damages caused by the exercise of this Agreement, including compensation for the area
encumbered by the newly constructed sidewalk, but said damages shall not include severance or
consequential damages to Abutting Property Owners property.
IV.
Abutting Property Owners agree to maintain said sidewalk and make the necessary improvements to
keep the sidewalk in good and safe condition in perpetuity according to City Code of Ordinances Title
10-1-2.
V.
Abutting Property Owners hereby grant permission and authority to the City to use the said land for a
public sidewalk.
VI.
The easement hereby granted shall be perpetual from the date of this Agreement.
VII.
This Agreement shall not be binding until it has been approved and accepted by the City Council of
Dubuque, Iowa, by Resolution. Said approval and acceptance shall be noted on this Agreement.
ELECLNES.DOC/REVISED 04/17/15
Signed this c day of
CITY OF D UQUE, IOWA
By: 4,10,
Attest
B
ELECLNES.DOC/REVISED 04/17/15
,20/
ABUTTING PROPERTY OWNERS
Jeffrey Alan Jackson, a single person
By:
By:
ALL PURPOSE ACKNOWLEDGMENT
STATE OF L pL 4—
COUNTY OF h
I4-.
On this day of
the undersigned, a Nota
personally appeared
ss:
, AD. 20) j before me,
c in and for said State,
Jeffrev Alan Jackson, a single person
to me personally known
or provided to me on the basis of
satisfactory evidence
to be the persons(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
NOTARY SEAL
in Ink)
(Print/type name)
Notary Public in and for the State of
ELECLNES.DOC/REVISED 04/17/15
CAPACITY CLAIMED BY SIGNER
X INDIVIDUAL
CORPORATE
Title(s) of Corporate Officers(s):
N/A
Corporate Seal is affixed
No Corporate Seal procured
PARTNER(s)
Limited Partnership
General Partnership
ATTORNEY-IN-FACT
EXECUTOR(s),
ADMINISTRATOR(s),
or TRUSTEE(s):
GUARDIAN(s)
or CONSERVATOR(s)
OTHER
SIGNER IS REPRESENTING:
List name(s) of persons(s) or entity(ies):
Self
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER
STATE OF Iowa
COUNTY OF Dubuque
) ss:
On this 18th day of AUG. , AD. 2015before me,
the undersigned, a Notary Public in and for said State,
personally appeared
Roy D. Buol, Mayor
Kevin
S. Firnstahl, City Clerk
X to me personally known
or provided to me on the basis of
satisfactory evidence
to be the persons(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
NOTARY SEAL
it
(Sign in Ink)
/d 4
(Print/type name)
Notary Public in and for the State of Iowa
PAMELA J. McCARRON
Commission Number 772419
My Comm. Exp,Y.22_-..52_410
ELECLNES.DOC/REVISED 04/17/15
INDIVIDUAL
CORPORATE
Title(s) of Corporate Officers(s):
X N/A
Corporate Seal is affixed
No Corporate Seal procured
PARTNER(s)
Limited Partnership
General Partnership
ATTORNEY-IN-FACT
EXECUTOR(s),
ADMINISTRATOR(s),
or TRUSTEE(s):
GUARDIAN(s)
or CONSERVATOR(s)
OTHER
SIGNER IS REPRESENTING:
List name(s) of persons(s) or entity(ies):
Signed this
day of , 20 .
ITC MIDWEST LLC, a Michigan limited liability company
By: ITC Holdings Corp., a Michigan corporation, its sole
member
By:
Christine Mason Soneral,
Its Vice President and General Counsel
ALL PURPOSE ACKNOWLEDGMENT
STATE OF Michigan
COUNTY OF Oakland
) ss:
On this day of , AD. 20_ before me,
the undersigned, a Notary Public in and for said State,
personally appeared
Christine Mason Soneral
X to me personally known
or provided to me on the basis of
satisfactory evidence
to be the persons(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
NOTARY SEAL
(Sign in Ink)
(Print/type name)
Notary Public in and for the State of Michigan.
ELECLNES.DOC/REVISED 04/17/15
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE
Title(s) of Corporate Officers(s):
Christine Mason Soneral, Vice
President and General Counsel
N/A
Corporate Seal is affixed
No Corporate Seal procured
PARTNER(s)
Limited Partnership
General Partnership
ATTORNEY-IN-FACT
EXECUTOR(s),
ADMINISTRATOR(s),
or TRUSTEE(s):
GUARDIAN(s)
or CONSERVATOR(s)
OTHER
SIGNER IS REPRESENTING:
List name(s) of persons(s) or entity(ies):
ITC Holdings Corp., a Michigan Corporation,
it's sole memeber
ACQUISITION PLAT
SIDEWALK EASEMENT EXHIBIT A
A PART OF LOT 293, DAVIS FARM
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
3/4 \
PIPE \y'ri�
/
3/4"
/ \/ 1013156017 PIPE
T 295 /
DA DVARM
4T 294
ZDANS FARM
1013156018
1013156003 ' S53'26'25" WI
Z 80.00'
/LOT 294
\ 05145 FARM
4c1/2" 1013156004
PIPE
\ 13156005/ (:).P-
0 V
536'34'55"E
60.15'
`S36'34'55"E
9.00'
N36°34'55"W
51.15'
P.O.B.
R.
1013156019 `LOT 23
l 4 \
N
0 30 60
120
•
IN • ■
13156006/
\
<<‘
3/4"
PIPE
OWNER
JEFFREY ALAN JACKSON,
A SINGLE PERSON
AREA
9.00 SQUARE FEET
7
PIPE \
N53'29'08"E
80.00'
3/4"
1013156020 PIPE
LOT 292 /
\ DANS FARM
10131560077
V PIPE/
\ 7 /
C
E LINE
W 80' E90'
LOT 293
R.O.W. LINE
SCALE IN FEET
SIGNATURE
DATE: 12/10/14
LEO P. 80NIFAZI LICENSE N0. 13480
536'34'55"E
9.00'
EDGE OF
SIDEWALK
P.O.B.
N5326'25"E_,' : \• ��553'26'25"W
\_N36'34'S5"W
1.00'
9.00' 1.00'
SIDEWALK EASEMENT DETAIL
1"=5'
LEGAL DESCRIPTION
The Westerly 1.00 foot of the Easterly 11.00 feet of the Northwesterly 9.00 feet of Lot 293, Davis Farm
A Part of Dubuque, in the City of Dubuque, Dubuque County, Iowa, described as follows:
Commencing at a point on the Southeasterly line of said Lot 293 that is 10.00 feet Southwest of the
East Corner thereof, said point now forming the Southwest right of way line of White Street in the City
of Dubuque;
thence North 36' 34' 55" West 51.15 feet along said Southwest right of way line to the point of
beginning;
thence South 53° 26' 25" West 1.00 feet;
thence North 36° 34' 55" West 9.00 feet to the Northwest line of said Lot 293, Davis Farm;
thence North 53' 26' 25" East 1.00 feet to the Southwest right of way line of said White Street;
thence South 36' 34' 55" East 9.00 feet along said Southwest right of way line to the point of
beginning, containing 9.00 square feet.
ACQUISITION PLAT
SIDEWALK EASEMENT EXHIBIT A
A PART OF LOT 293, DAVIS FARM
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
DRAWN: BONIFAZI
APPROVED: BONIFAZI
SCALE: 1"=60'
DATE:
12/10/14
PROJECT NO.: 14145
SCHNOOR-BONIFAZI
ENGINEERING & SURVEYING, LC
431 FIFTH AVENUE SW
CEDAR RAPIDS, IA 52404
(319) 298-8888 (PHONE)
s-b-engineering.com
chnoor
onfazi
Engipezrng 3 Suraeymg
Masterpiece on the Mississippi
Department/Staff Member:
Dubuque
All -Amerce CRY
111 1
2012
"97
City Clerk's Office
City Hall
50 W. 13th Street
Dubuque, IA 52001-4864
(563) 589-4120 office
• (563) 589-0890 fax
ctyclerk@cityofdubuque.org
www.cityofdubuque.org
Date: 6.,�,'
City Clerk's Office
Document Processing Request
The attached document(s) from the 54Cit Council meeting
require(s) the following additional processing:
Signatures/dates from an outside e
a nc
g Y
Signatures/dates from the City Manager and/or City staff
Processed with other documentation from your department
tRecorded at the County by your department:
V
Mailed from your department
This COPY, ORIGINAL is for your records/processing.
Other:
Please return the executed COPY,( ORIGINAL to the City Clerk's Office for
archiving. Copies may be sent via e-mail.
Thank you.
Kevin S. Firnstahl, CMC
City Clerk •