Interstate Pwr Trail EasementMEMORANDUM
May 14, 2002
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Easement Agreement for Recreational Trail
Planning Services Manager Laura Carstens is recommending approval of an easement
agreement with Interstate Power and Light Company for the City to construct a
recreational trail on their property. The Julien Dubuque Nature Trail will be built along
the power line easement from Grandview Avenue to Julien Dubuque Drive, as an off-
road segment of the Heritage Trail Riverfront System.
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
Laura Carstens, Planning Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
May 14, 2002
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Easement Agreement for Recreational Trail
This memo transmits an easement agreement with Interstate Power and Light Company
for the City to construct a recreational trail on their property.
The Julien Dubuque Nature Trail will be built along the power line easement from
Grandview Avenue to Julien Dubuque Drive, as an off-road segment of the Heritage
trail Riverfront System (see attached map).
Attorneys for Interstate and the City have prepared the attached easement agreement.
I recommend that the City Council authorize the City Manager to sign the easement
agreement on behalf of the City.
LC/mkr
Attachments
EASEMENT AGREEIvIENT FOR RECREATIONAL TRAIL
This Easement Agreement is entered into this ~'~ dayof dlXl~ ,2002,
by and between the City of Dubuque, Iowa, a municipal corporation (Grantee herein)
and Interstate Power and Light Company (formerly Interstate Power Company), an Iowa
Corporation (Grantor heroin).
~¢HERE~S, the Grantor has an ownership interest in the real properly described in
Exhibit A;
and
YVHEI4~AS, the Grantee proposes to construct, operate and maintain a recreational trail
("Trail") upon a portion of the real property described in Exhibit A ("Property'S, and in
strict compliance with the As-Built Drawings referenced herein;
and
WIiEREAS, the Grantor agrees to grant to Grantee a non-exclusive easement for the
purpose of constructing, operating and maintaining Trail.
NOW THEREFORE, for $1.00 and other valuable consideration duly paid and
acknowledged, and conditioned upon compliance with the covenants contained herein,
the Grantor hereby grants unto the Grantee a non-exclusive easement for the sole purpose
of constructing, operating and maintaining the Trail on the Property.
Grantee shah be solely responsible for the construction, operation, and maintenance of
the Trail. Any construction, operation and maintenance activity shall be performed in a
workmanlike manner, free and clear of defects in materials and workmanship. In no event
shall the Grantee suffer or permit the existence of any lien or other encumbrance to be
filed against ~aid Property, and shall provide the documentation and surety, as required
by Grantor, to ensure that no such lien is filed, and that any lien so filed is immediately
discharged.
Grantee shall be solely responsible for obtaining and maintaining all licenses, permits and
approvals necessary for the Trail, and for the resolution of any community issues related to
the Trail, including, but not limited opposition or other concerns raised by adjoining
landowner's.
Upon completion of construction of the Trail, Grantee shall submit AS-Built drawings
showing the precise location of the Trail, in a form acceptable to Grantor.
Grantor makes no warranties or representations whether express or implied, related to the
usability or safety of the Property, the suitability of the Property for recreational or trail
purposes, or concerning title to the Property.
The Grantee acknowledges that the Trail, is in close prox/mity to high voltage electrical
facilities, and agrees to take such steps as are necessary to protect the public from danger
or the Grantor from damage to its property. The Grantee agrees to assume all risk of loss
associated with the construction, operation and maintenance of the Trail, and to defend,
indemnify and save Grantor harmless from any and all liability, loss, claim, damage or
expense (including reasonable attorneys' and experts' fees and claims of third parties),
that may arise out of the access to the Property, the use or misuse of the Trail, and the
placement of fL~ures or improvements on said Property, whether by Grantee, its agents,
employees, contractors or invitees.
Grantee is a member of thc Iowa Communities Assurance Pool (ICAP). Grantee has
provided a summary of its insurance contract to Grantor and Grantor accepts such
insurance contract as adequate for purposes of this Easement Agreement. Grantee agrees
to maintain its membership in ICAP during the term of this Easement Agreement or to
provide similar insurance coverage in the event it terminates its ICAP membership.
Grantee shall name Grantor as an additional insured under its ICAP coverage.
Grantee further agrees that the Trail and all activities permitted under this Easement
Agreement shall comply in all respects with all local, state and federal safety codes,
standards and regulations ("Laws"), including, but not limited to, the National Electric
Safety Code (NESC).
The Grantee agrees to bear responsibility for all costs or expenses for damage done to the
Properly (including, but not limited to damage done to the personal property of Grantor,
its agents and employees), and indemnify and hold Grantor harmless from claims for
damage done to the adjoining lands of Grantor and third parties, by the Grantee, its
agents, employees, contractors or invitees while constructing, operating or maintaining
said Trail, and including damage done by flooding, sewer backup, ponding, pooling,
subsidence, or erosion from rain-water runoff or snow and ice caused by the construction,
operation or maintenance of the Trail.
The Grantee agrees that Grantor shall have full enjoyment of its real property as described
in Exhibit A, including the right of access to its present and futura utility facilities subject
only to the rights granted to Grantee heroin, and that Grantee shall be solely responsible
for damages to the Trail and related facilities caused by Grantor's business operations.
The Grantor agrees to allow the Grantee at its sole cost and expense to re. grade the
easement area as necessary to construct said recreational trail so long as said construction
does not cause a violation of NESC (National Electric Safety Code) clearance codes
particularly a violation of clearance requirements for ground to aerial lines or conductors.
Grantee shall be responsible for and will perform all weed control, mowing, and other
trimming of trees or brush as necessary in the area on the Property surrounding the Trail.
The Grantee agrees to maintain no less than 25 feet lateral clearance from the improved
Trail and Trail appurtenances to any existing and future utility facilities. No utility
facilities shall be relocated to accommodate Grantees construction, operation or
maintenance of the improved Trail or Trail appurtenances.
The Grantee recognizes that Grantor may elect to utilize the real property included in
Exhibit A at some future date for utility operation or other corporate activities. At such
time as this may occur, following six (6) months advance written notice to the Grantee by
the Grantor, the Grantor may either require the relocation of the Trail, or may terminate
this Easement without liability.
Easement rights granted shall terminate at such t~o?erty !s no longer used by
the City for Trail purposes, at any time if Grantor s operational needs necessitate the use
of the Property, or upon breach of any provision of the Easement Agreement by the
Grantee. Upon termination of the Easement Agreement for any reason, the Grantee shall
remove such improvements as may be reasonably requested by Grantor, and return the
Property to a condition reasonably acceptable to Grantor within 180 days from receipt of
notice. Grantee agrees in advance to execute such documentation as is deemed necessary
to evidence the termination of the easement grant.
This Easement Agreement and fights herein described shall be binding upon the parties
and their successors in interest Gmntec shall not assign its rights herein, in whole or in
part. without the written consent of Grantor.
IN TERSTATE POWER Ai~D LIGHT COMPANY~ (~ O.F D~,{/~. ~
By: ~'-~~. . By: _//~ ~"~ i
'~ · ' ' ~.~ esterman, Deputy City Clerk
EXHIBIT A
Said i easement being more particularly described as all that part of a strip of
land being exactly 20.00 feet in width and 10.00
feet each side of the following described line:
Commencing as a point of reference at the Southwest Corner of Lot One (1) of
Lot Two (2) of Lot One (1) of Mineral Lot Two (2) in the City of Dubuque, Iowa; thence
North 87°09'10`' East, (all beadngs referenced to Gdd North Iowa State Plane
Coordinate System), a distance of 38.33 feet, along the south line of said Lot One (1);
thence North 27002'38" West, a distance of 54.84 feet, to the point of beginning;
thence northwesterly, a distance of 17.57 feet, along a curve concave to the east,
having a central angle of 10°03'55'', a radius of 100.00 feet, and a chord beadng
North 22000'40" West, a distance of 17.54 feet; thence North 16°58'43" West, a
distance of 55.02 feet; thence northw~estedy a distance of 27.14 feet along a curve
concave to the east, having a central angle of 07046'34'', a radius of 200.00 feet, and
a chord beadng North 13005'26'' West, a distance of 27.12 feet; thence
North 09°12'09" West, a distance of 50.26 feet; thence northeestedy a distance of
42.84 feet, along a curve concave to the east having a central angle of 30°40'51'', a
radius of 80.00 feet, and a chord beadng North 06°08'17'' East, a distance of
42.33 feet; thence North 21 °28'42" East, a distance of 14.54 feet; thence northeasterly
a distance of 36.48 feet, along a curve concave to the west, having a central angle of
26°07'26", a radius of 80.00 feet, and a chord beadng North 08024'59'' East, a
distance of 36.16 feet; thence North 04038'44'' West, a distance of 69.22 feet; thence
northwesterly, a distance of 22.14 feet, along a curve concave to the west, having a
central angle of 12°40'57", a radius of 100.00 feet, and a chord bearing
North 10°59'13'' West, a distance of 22.09 feet; thence North 17°19'41" West, a
distance of 32.75 feet; thence northwesterly a distance of 57.59 feet, along a curve
concave to the east, having a central angle of 32°59'54", a radius of 100.00 feet, and
a chord beadng North 00049'44'` West, a distance of 56.80 feet; thence
North 15°40'13'' East, a distance of 52.59 feet; thence northeasterly, a distance of
13.53 feet, along a curve concave to the west, having a central angle of 07°45'05'', a
radius of 100.00 feet, and a chord bearing North 11 °47'40" East, a distance of
13.52 feet; thence North 07°55'08" East, a distance of 107.41 feet; thence
North 06°56'27" East, a distance of 51.02 feet; thence northeasterly, a distance of
14.43 feet, along a curve concave to the east, having a central angle of 27°33'34'', a
radius of 30.00 feet, and a chord beadng North 20°43'14'' East, a distance of
14.29 feet; thence North 34°30'01'' East, a distance of 17.75 feet; thence
northeasfedy,
a distance of 30.81 feet, along a curve concave to the west, having a central angle of
55°10'19", a radius of 32.00 feet, and a chord beedng North 06°54'51'' East, a
distance of 29.64 feet; thence North 20°40'18'' West, a distance of 17.66 feet; thence
northwesterly, a distance of 14.46 feet along a curve concave to the east, having a
central angle of 27036'46'', a radius of 30.00 feet, and a chord bearing
North 06°51'55" West, a distance of 14.32 feet; thence North 06°56'27" East, a
distance of 79.44 feet; thence northwesterly, a distance of 44.00 feet along a curve
concave to the west, having a central angle of 16°48'29'', a radius of 150.00 feet, and
a chord bearing North 01 °27'47" West, a distance of 43.85 feet; thence
North 09052'02" West, a distance of 108.80 feet; thence northwesterly, a distance of
26.92 feet, along a curve concave to the southwest, having a central angle of
25°42'33'', a radius of 60.00 feet, and a chord beadng North 22°43'18'' West, a
distance of 26.70 feet; thence North 35°34'34" West, a distance of 2.86 feet; thence
northwesterly, a distance of 36.21 feet, along a curve concave to the southwest,
having a central angle of 34034'40'', a radius of 60.00 feet, and a chord beadng
North 52051'54'' West, a distance of 35.66 feet; thence North 70°09'15'' West, a
distance of 48.44 feet; thence northwesterly, a distance of 50.95 feet, along a curve
concave to the northeast, having a central angle of 58022'45'', a radius of 50.00 feet,
and a chord bearing North 40057'52'' West, a distance of 48.77 feet; thence
North 11 °46'30" West, a distance of 86.59 feet; thence northeasterly, a distance of
42.76 feet, along a curve concave to the east, having a central angle of 61 ° 15'06", a
radius of 40.00 feet, and a chord bearing North 18051'03'' East, a distance of
40.75 feet; thence North 49°28'36" East, a distance of 7.21 feet; thence northeasterly
a distance of 26.19 feet, along a curve concave to the northwest, having a central
angle of 37030'50'', a radius of 40.00 feet, and a chord bearing North 30°43'12'' East,
a distance of 25.72 feet; thence North 11 °57'47" East, a distance of 137.59 feet;
thence northwesterly, a distance of 105.76 feet, along a curve concave to the west,
having a central angle of 26055'55'', a radius of 225.00 feet, and a chord beadng
North 01 °30'35" West, a distance of 104.79 feet; thence North 14058'33'' West, a
distance of 52.70 feet; thence North 13°04'03" West, a distance of 43.67 feet; thence
northwesterly, a distance of 27.28 feet, along a curve concave to the east, having a
central angle of 15°37'41'', a radius of 100.00 feet, and a chord bearing
North 05°15'13" West, a distance of 27.19 feet; thence North 02033'37'' East, a
distance of 40.71 feat; thence Northwesterly, a distance of 73.68 feet, along a curve
concave to the west, having a central angle of 42 o 13'05", a radius of 100.00 feet, and
a chord beedng North 18°32'55" West, a distance of 72.03 feet; thence
North 39039'27'' West, a distance of 128.71 feet; thence northwesterly, a distance of
42.11 feet, along a curve concave to the northeast, having a central angle of
12°03'49", a radius of 200.00 feet, and a chord beedng North 33037'33'' West, a
distance of
42.03 feet; thence North 27°35'38'' West, a distance of 49.09 feet; thence
northwesterly, a distance of 17.28 feet, along a curve concave to the east, having a
central angle of 19048'05'', a radius of 50.00 feet, and a chord beadng
Nodh 17041'36'' West, a distance of 17.19 feet; thence North 07°47'33" West, a
distance of 45.16 feet; thence northeasterly, a distance of 47.74 feet, along a curve
concave to the east, having a central angle of 54°42'15"; a radius of 50.00 feet, and a
chord beadng North 19°33'34'' East, a distance of 45.95 feet; thence
North 46°54'42" East, a distance of 49.72 feet; thence northwesterly, a distance of
29.80 feet, along a curve concave to the southwest, having a central angle of
142°17'30'', a radius of 12.00 feet, and a chord bearing North 24014'03'' West, a
distance of 22.71 feet; thence South 84°37'13'' West, a distance of 72.97 feet; thence
northwesterly, a distance of 32.61 feet, along a curve concave to the northeast, having
a central angle of 93026'05'', a radius of 20.00 feet, and a chord beadng
North 48039'45'' West, a distance of 29.12 feet; thence North 01 °56'43" West, a
distance of 47.13 feet; thence northeasterly, a distance of 47.22 feet, along a curve
concave to the southeast, having a central angle of 67038'30'', a radius of 40.00 feet,
and a chord beadng North 31 °52'33" East, a distance of 44.53 feet; thence
North 65°41'18'' East, a distance of 70.09 feet; thence northeasterly, a distance of
39.69 feet, along a curve concave to the northwest, having a central angle of
56°51'17'', a radius of 40.00 feet, and a chord bearing North 37°16'10'' East, a
distance of 38.08 feet; thence North 08°50'31" East, a distance of 16.11 feet; thence
northeasterly, a distance of 18.45 feet, along a curve concave to the east, having a
central angle of 13012'49'', a radius of 80.00 feet, and a chord beadng
North 15026'56'' East, a distance of 18.41 feet; thence North 22°03'21" East, a
distance of 49.70 feet; thence Northeasterly, a distance of 24.93 feet, along a curve
concave to the west, having a central angle of 14°17'10'', a radius of 100.00 feet, and
a chord beadng North 14°54'46'' East, a distance of 24.87 feet; thence
North 07°46'10'' East, a distance of 80.07 feet; thence northeasterly, a distance of
17.29 feet, along a curve concave to the west, having a central angle of 09°54'18", a
radius of 100.00 feet, and a chord beadng North 02°49'02" East, a distance of
17.27 feet; thence North 02008'07'' West, a distance of 217.64 feet to the north line of
Lot Number One (1) of the Subdivision of Lot Number Sixteen (16) in Summer Hill
Addition to the City of Dubuque, Iowa.
Containing 58,610 square feet, more or less.
STATE OF IOWA:
cOUNTy OF
Linn
SS:
Onthis ~'r~ dayof ,.Ju.t~/ 2002, before me, the
/
undemigned, a Notary Public in and for the State of Iowa, personally appeared
Eliot G. Protsch' and Daniel L Sie,qfded to me personally
known, who being by me duly swom, did say that they are the President and
Assistant Corporate Secretary of said corporation, executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said corporation; that said
instrument was signed and sealed on behalf of said corporation by authority of its Board
of Directom; and that the said Eliot G. Protsch and Daniel L. Sie,qfded as such
officers acknowledged the execution of said instrument to be the voluntary act and deed
of said corporation, by it and by them voluntarily.executed. ~ ,.
+Notary Public in and for said County and State
EFFECTIVE DATE: 04/13/2002
MEMBER NAME: Dubuque
MEMBER NO:
ENDORSEMENT NO:
3
ADDITIONAL PARTY ENDORSEMENT
This endorsement modifies the Legal Defense and Claim Payment Agreement.
It is agreed that with respect to LEGAL LIABILITY FOR THIRD PARTY CLAIMS in Section
111 - BENEFITS, the person or organization named herein and its employees or volunteers are
included.as members in Section II - WHO RECEIVES BENEFITS, but only while such person
or organization is acting on your behalf or in your interest and only with respect to:
Easement for use of land to construct, operate and maintain a recreational trail
PERSON OR ORGANIZATION:
Interstate Power and Light Company
1000 Main St.
Dubuque, IA 52001
Nothing contained herein shall be construed to broaden the benefits, terms, conditions or limits
beyond that which is provided in this Legal Defense and Claim Payment Agreement and the
Intergovernmental Contract to which th/s endorsement attaches.
April 16,2002 BY:
ii .......
IOWA COMMUNITIES ASSURANCE POOL -
CERTIFICATE OF COVERAGE
This Certificate is issued as a matter of information only and comers no fights upon the Certificate holder. This
Certificate does not amend, extend or alter the benefits afforded by the Legal Defense and Claim Payment
Agreement.
NAME AND ADDRESS OF MEMBER: City of Dubuque
50 West 13th St.
Dubuque, IA 52001-4865
q[~is is to certify that the Benefits listed below have been issued to the Member named above and are in force at
this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to
which this Certificate may be issued or may pertain, the benefit afforded is subject to all of the terms, exclusions
and conditions of the Legal Defense and Claim Payment Agreement, end the Intergovernmental Contract.
Member # Effective Benefits Limits of Coverage
3 07/01/2001 LEGALLIAB1LITYFORTH1RD $5,000,000.00 EACH OCCURRENCE
PARTY CLAIMS
$10~000.00 DEDUCTIBLE
CANCELLATION: Should the above de.sen'bed Benefits be canceled or reduced, the IOWA COMMUNITIES ASSURANCE POOL shall
endeavor to mag Ten {10) days written notice to the below nenmd Certi~cam holder, but failure to mail such notice shall impose no
obligation or liability of any kind upon the Pool.
NAME AND ADDRESS OF
CERTIFICATE HOLDER:
DATE ISSUED: April 13,2002
Regarding: Easement to construct, operate and maintain a recreational ~rail
Interstate POwer and Light Company ~~~'~.'
1000 Main St.
Dubuque, IA 52001
AUTHOR IM6D REPRESENTATIVE:
04/15/2002 CFH
ICAP 0300 (7/98)
IOWA COMMUNITIEs ASSURANCE POOL
5701 GREI~I-DALE ROAD
JOHNSTON, IOWA 50131
Powerline Trail Legal Descriptions
For Land Owned by Alliant Energy
Parcel Number:
Legal Description:
10.36.476.006
West 75' of Lot 2 of 1 of 1 of Mineral Lot 2 and Lot 1
of 2 of 1 of Mineral Lot 2
Parcel Number:
Legal Description:
10.36.476.004
Lot 1 of 2 of 2 of I of 2 of Mineral Lot 14
Parcel Number:
Legal Description:
10.36.476.002
Lot 1 of I of I of 1 of 1 of 2 of Mineral Lot 14
Parcel Number:
Legal Description:
10.36.426.019
Lot 1 of 2 of I of 1 of Lot 2 of Mineral Lot 14
Parcel Number:
Legal Description:
10.36.426.017
Lot 2 of I of 1 of I of Mineral Lot 13
Parcel Number:
Legal Description:
10.36.426.018
Lot 2 of I of I of I of Mineral Lot 13
Parcel Number:
Legal Description:
10.36.426.015
Lot 2 of 1 of 1 of I of 4 of Mineral Lot 20
Parcel Number:
Legal Description:
10.36.426.008
Lot 1 of west ¼ of 1 of 16 Summer Hill Addition and
Lot 1 of west % of 2 of 1 of I of 4 of Mineral Lot 20
Ice Hadaor
Figure 4
Heritage Trail Design Elements