Black Hills Energy/BRD Three, LLC_Grant of Easement at W&RRC_Hearing Copyrighted
July 17, 2017
City of Dubuque Public Hearings # 5.
ITEM TITLE: Black Hills Energy Grant of Easement
SUMMARY: Proof of publication on notice of public hearing to consider
approval of a Grant of Easement to Black Hills Energy to
facilitate connection of the gas system being constructed
by BIRD Three, LLC at the Water& Resource Recovery
Center to Black Hills Energy's Dubuque Gas Distribution
System and the City Manager recommending approval.
RESOLUTION Disposing of an interest in City of Dubuque
real estate pursuant to an Easement Granted by the City of
Dubuque to Black Hills/Iowa Gas Utility Company, LLC dba
Black Hills Energy to facilitate connection of the gas system
being constructed by BIRD Three, LLC at the Water
Resource & Recovery Center to Black Hills Energy's
Dubuque Gas Distribution System
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Black Hills Energy Grant of Easement-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Disposing Interest Resolutions
Grant of Easement Supporting Documentation
Proof of Publication Supporting Documentation
THE COF Dubuque
DtUB
E All-America
City
Masterpiece on the Mississippi 1 1 1 1"
2009•2012•2013•2019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Grant of Easement to Black Hills Energy to Facilitate Connection of the
Gas System Being Constructed by BIRD Three, LLC at the Water &
Resource Recovery Center to Black Hills Energy's Dubuque Gas
Distribution System
DATE: July 10, 2017
The City of Dubuque has entered into a Lease and a Gas System Development and
Operating Agreement with BIRD Three, LLC for the construction and operation of a Gas
System at the Dubuque Water & Resource Recovery Center.
BIRD Three, LLC and Black Hills Energy have entered into a Facilities Interconnection
and Operating Agreement to connect the Gas System to Black Hills Energy's Dubuque
Gas Distribution System.
Senior Counsel Barry Lindahl recommends City Council approval of a resolution
disposing of an interest in City of Dubuque real estate pursuant to the Grant of
Easement by the City to Black Hills Energy.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Barry Lindahl, Senior Counsel
HE CITY OF
DUB
E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
SENIOR COUNSEL
To: Michael C. Van Milligen
City Manager
DATE: July 10, 2017
RE: Grant of Easement to Black Hills Energy to Facilitate Connection of the Gas
System Being Constructed by BRD Three, LLC at the Water & Resource
Recovery Center to Black Hills Energy's Dubuque Gas Distribution System
The City of Dubuque has entered into a Lease and a Gas System Development and
Operating Agreement with BRD Three, LLC for the construction and operation of a Gas
System at the Dubuque Water & Resource Recovery Center.
BRD Three, LLC and Black Hills/Iowa Gas Utility Company, LLC dba Black Hills Energy
have entered into a Facilities Interconnection and Operating Agreement to connect the
Gas System to Black Hills Energy's Dubuque Gas Distribution System.
Black Hills Energy has requested that the City of Dubuque grant to Black Hills Energy an
easement to facilitate connection of the Gas System to Black Hills Energy's Dubuque Gas
Distribution System. Grant of the necessary easements for the Gas System Project is
required by the Lease and Gas System Development and Operating Agreement with BRD
Three, LLC.
The City and Black Hills Energy have agreed upon the terms of the Grant of Easement
which is attached.
The easement is six(6.0) feet wide and an area 65.7 feet by 35.08 feet wide all as shown
on Exhibit A attached to the Easement. The Easement is for the purpose of surveying,
constructing, operating, patrolling, inspecting, maintaining, altering, repairing, rebuilding
and removing a private natural gas main pipeline, town border station and associated
appurtenances in accordance with applicable City Standards and plans reviewed by the
City Engineer.
The Grant of Easement is set for public hearing forthe July 17, 2017 City Council meeting.
I recommend that the attached resolution disposing of an interest in City of Dubuque real
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)583-4113/FAX (563)583-1040/EMAIL balesq@cityofdubuque.org
estate pursuant to the attached Grant of Easement by the City to Black Hills/Iowa Gas
Utility Company, LLC d/b/a Black Hills Energy be submitted to the City Council.
BAL:tIs
Attachment
cc: Crenna M. Brumwell, City Attorney
William O'Brien, Water & Resource Recovery Center Manager
Steve Brown, Project Manager
F:\Users\tsteckle\Lindahl\Black Hills Energy Grant of Easement(wRRC)\MVM_Resolution Disposing ByGrantOfEasement_071017.docx
2
Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330, Dubuque IA 52001 563 583-4113
Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330, Dubuque IA 52001 563 583-4113
RESOLUTION NO. 265-17
DISPOSING OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE
PURSUANT TO AN EASEMENT GRANTED BY THE CITY OF DUBUQUE TO
BLACK HILLS/IOWA GAS UTILITY COMPANY, LLC DBA BLACK HILLS
ENERGY TO FACILITATE CONNECTION OF THE GAS SYSTEM BEING
CONSTRUCTED BY BRD THREE, LLC AT THE WATER RESOURCE AND
RECOVERY CENTER TO BLACK HILLS ENERGY'S DUBUQUE GAS
DISTRIBUTION SYSTEM
Whereas, the City of Dubuque has entered into a Lease and a Gas System
Development and Operating Agreement with BRD Three, LLC for the construction
and operation of a Gas System at the Dubuque Water & Resource Recovery
Center as described therein; and
Whereas, BRD Three, LLC and Black HiIIs/Iowa Gas Utility Company, LLC
d/b/a Black Hills Energy have entered into a Facilities Interconnection and
Operating Agreement to connect the Gas System to Black Hills Energy's Dubuque
Gas Distribution System; and
Whereas, Black Hills Energy has requested that the City of Dubuque grant
to Black Hills Energy an easement to facilitate connection of the Gas System to
Black Hills Energy's Dubuque Gas Distribution System; and
Whereas, Black Hills Energy and the City have tentatively agreed to the
terms of an Easement for the easement area shown on Exhibit A attached thereto,
which is located on the following described real property:
Part of Lot 1 of Lot 1 of the NE Fract. 1/4 of the NW 1/4 of Sec. 6,
T88N, R3E.
; and
071017ba1
WHEREAS, on July 17, 2017, the City Council pursuant to notice published as
required by law held a public hearing on its intent to dispose of the foregoing interest BY
Grant of Easement and overruled all objections thereto; and
WHEREAS, the City Council finds that it is in the best interest of the City to approve
the Grant of Easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Mayor is hereby authorized and directed to execute the attached
Grant of Easement to Black Hills Energy.
Section 2. The City Manager and the City Attorney are authorized to take such
further action as is necessary to finalize the Grant of Easement.
Passed, approved and adopted this 17th day of July„ 017.
Roy b. Bu, Mayor
Attest:
Kevirri S. Firnstalil, City Clerk
F:\Users\tsteckle\Lindahl\Black Hills Energy Grant of Easement (WRRC)\Resolution Disposing of Interest_071017.docx
2
111210111111111110101114
1111111 IIII 1111
Doc ID: 008676460019 Type: GEN
Kind: EASEMENT
FeeoAmt: $97,00 Page 1tof3196:54 PM
Dubuque County Iowa
John Murphy Recorder
Fiie2017-00008999
Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 (563) 583-4113
Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001
GRANT OF EASEMENT FOR PRIVATE UTILITY
For and in consideration of the sum of one and 00/100 Dollar ($1.00), the receipt
whereof is hereby acknowledged.
Whereas, the City of Dubuque has entered into a Lease and a Gas System
Development and Operating Agreement with BRD Three, LLC for the construction
and operation of a Gas System at the Dubuque Water & Resource Recovery
Center as described therein; and
Whereas, BRD Three, LLC and Black Hills/Iowa Gas Utility Company, LLC
dba Black Hills Energy has entered into a Facilities Interconnection and Operating
Agreement to connect the Gas System to Black Hill Energy's Dubuque Gas
Distribution System; and
Whereas, Black Hills Energy has requested that the City of Dubuque grant
to Black Hills Energy an easement to facilitate connection of the Gas System to
Black Hill Energy's Dubuque Gas Distribution System.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
The City of Dubuque, a Municipal Corporation of Dubuque County, Iowa
(Grantor), 50 West 13th Street, Dubuque, IA 52001-4864 of Dubuque County, State
of Iowa, does hereby grant, sell and convey to Black Hills/Iowa Gas Utility
Company, LLC d/b/a Black Hills Energy (Grantee) its agents, contractors and
assigns, in perpetuity from the date hereof, a permanent easement through, under
and across the following described real estate situated in Dubuque, Iowa:
Dubuque Water & Resource Recovery Center, in the City of
Dubuque, Dubuque County, Iowa
062917baI
047. 00
Said easement being six (6.0) feet wide and an area 65.7 feet by 35.08 feet wide
all as shown on the attached Exhibit A, for the purpose of surveying, constructing,
operating, patrolling, inspecting, maintaining, altering, repairing, rebuilding and
removing a private natural gas main pipeline, town border station and associated
appurtenances (the Private Utility), in accordance with applicable City Standards
and plans reviewed by the City Engineer,
Grantor shall pay all platting fees and recording.
It is understood and agreed by Grantee that Grantee shall backfill and compact
any disturbed ground to City Standards, returning the disturbed area as near as
possible to the condition and grade it was prior to construction of the Private Utility.
Grantee shall assume any and all liability for damages to persons or property which
may result from Grantee's negligence or the negligence of Grantee's
subcontractors for the installation, construction, design, maintenance, or repair of
the Private Utility.
Grantee shall indemnify, hold harmless, and defend, at its own expense, on behalf
of said City, any claim against the City and pay on behalf of the City all sums which
the City shall become obligated to pay be reason of the liability imposed upon the
City of Dubuque for damages or injury of any kind, unless such damage or injury
is caused by the sole negligence of Grantor, resulting from Grantee's negligence
or the negligence of Grantee's subcontractors for the installation, existence,
construction, or maintenance or repair of the Private Utility and to pay reasonable
attorney fees therefore. The indemnification provided for in this easement is not
intended in any way to affect or diminish any liability of subcontractors of Grantee
under any agreements between Grantor and its subcontractors.
Grantee is given the right to trim, cut and clear away or otherwise control any trees,
limbs, brush and vegetation on or adjacent to the Private Utility whenever, in its
judgment, such will interfere with or endanger the construction, safety, operation
or maintenance of the pipeline.
This easement does not constitute any approval of the design, erection, location,
construction, repair or maintenance of the Private Utility and Grantee agrees not
to assert such claim or defense against the City of Dubuque in event of claim
asserted for death, personal injuries and/or property damage against Grantee
arising out of or in any way connected with the location, installation, construction,
design, maintenance, or repair of the Private Utility.
Grantor reserves unto itself the perpetual right for the purpose of erecting,
installing, constructing, reconstructing, maintaining, owning, operating and repair
of storm and sanitary sewers, watermain, pavement, street lights, gas, telephone,
television, fiber optics cable, and electrical lines above or below the Private Utility
Page 2 of 13
so long as such utilities do not, in the sole judgment of Grantee, interfere with the
existence or safe operation of the Private Utility.
Grantee must register with Iowa One -Call. Upon request, Grantee shall submit
documentation to the City Engineer of Iowa One -Call registration membership.
Grantee shall at all times while the easement is in effect provide insurance as
required by the attached Insurance Schedule.
To have and to hold unto Grantee, forever, and the undersigned do hereby
expressly covenant that Grantor is the owner in fee of said real estate and has
good right to execute this Grant of Easement, and that Grantee, its agents or
contractors, shall at all times have free access to and egress from and over said
real estate to maintain, remodel or repair the Private Utility thereon or therein as
set forth herein.
Attest:
Dated at Dubuque, Iowa, this
Kevin VFirnstafil, CMC, `City Clerk
day of
City of Dub
STATE OF IOWA, DUBUQJE COUNTY, ss:
, 2017.
Roy D. Buol, Mayor
On this c,.:J day of , 2017, before me, the undersigned, a Notary
Public in and for said Coty,Sd State, personally appeared Roy D. Buol and
Kevin S. Firnstahl to me p rsonally known, who, being by my duly sworn, did say
that they are the Mayor and City Clerk respectively, of the City of Dubuque, Iowa;
that said instrument was signed on behalf of said City of Dubuque by authority of
Resolution No. No -17 and that the said Roy D. Buol and Kevin S. Firnstahl as
such officers, acknowledge the execution of said instrument to be the voluntary act
and deed of said municipal corporation, by it and by them voluntarily executed.
(No G 1-
Commission Nu r 77241
McCARRON
ow: My Comm. Exp. 5�-2O ,
dig&a ®k
Notary Public ir('nd for State of Iowa
F:\PROJECTS\Water Pollution Control Plant Replacement\Green Technology\Biogas\Black Hills Town Station\Black Hills Town Station.doc
Page 3 of 13
BLACK HILLS ENERGY
By:
'Nick Pribyl
Manager, Eastern Iowa Operations
STATE OF IOWA
ss:
DUBUQUE COUNTY
On this 01 -1 day of , 2017, before me, a Notary Public in and for the
State of Iowa, in and for said county, personally appeared Nick Pribyl, to me
personally known, who being by me duly sworn did say that he is the Manager,
Eastern Iowa Operations of Black Hills Energy and that said instrument was signed
on behalf of said company and that he acknowledged the execution of this
instrument to b . - d deed of said company.
CATHYLL'-I
Commission Number 739654
My Commission Expires
psi .10 151
Notary Public, State of Iowa
Page 4 of 13
EXHIBIT A
Page 5 of 13
Reserved for Recorder
Prepared By: Nale Kieffer 50 West 13th St. Dubuque.IA 52001 Ph:563-589-4210
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Page 6 of 13
INSURANCE SCHEDULE
Page 7 of 13
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE B
1. Black HiIls/lowa Gas Utility Company, LLC d/b/a Brack Hills Energy (Contractor) shall furnish a
signed certificate of insurance to the department responsible for the contract for the coverage
required in Exhibit 1 prior to commencing work and at the end of the project if the term of work is
longer than 60 days. Contactors presenting annual certificates shall present a certificate at the
end of each project with the final belling Each certificate shall be prepared on the most current
ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the
Finance Director. The certificate must clearly indicate the project number. project name, or project
description for which it is being provided: Project ,Location at Water Resource and Recovery
Center for construction of private natural gas main pipeline.
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current Allot Best's Rating Guide.
3. Each Certificate required shall be furnished to the Department Manager of the Water Resource
and Recovery Center of the Crty of Dubuque.
4. Failure to provide the coverages descnbed in this Insurance Schedule shall not be deemed a
waiver of these requirements by the City of Dubuque
S. Contractor shall require all subcontractors and sub -subcontractors to obtain and maintain during
the perfomiance of work insurance for the coverages described in this Insurance Schedule and
shall obtain certificates of insurance from all such subcontractors and sub -subcontractors.
Contractor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to
obtain and maintain such coverage. The City may request a copy of such certificates from the
Contractor_
6. All required endorsements to various policies shall be attached to the certificate of insurance.
7. Whenever an ISO form is referenced the current edition must be provided.
B. Contractor shall be required to carry the minimum coverageilimit, or greater if required by law or
other legal agreement in Exhibit 1 - insurance Schedule 5.
Page 8 of 13
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE B (continued)
Contractor insurance
Contractor will use its corporate insurance program, which might include a level of self-
insurance, or self-insured retention, in fulfillment of the liability obligations arising from
any operations. Any and all deductibles or self-insured retentions associated shall be
assumed by, for the account of, and at the sole risk of Black Hills Corporation and its
subsidianes.
UMBRELLA!EXCESS LIABILITY 510,000,000
The City of Dubuque, its elected and appointed officials, all its employees and
volunteers, all its board members, employees, volunteers are included as Additional
Insured (except for WorkersCompensation), where required by written contract, subject
to policy terms, conditions and exclusions Waiver of Subrogation applies on all policies
including Workers' Compensation, where required by written contract, subject to policy
terms, conditions and exclusions. Excess Liability policy includes general liability, auto
liability, and employers hability coverages and is primary and non-contributory when
required by written contract, Excess Liability policy does not exclude bodily injury to a
co -employee and does not exclude work completed within 50' of a railroad right of way,
Preservation of governmental immunity endorsement induded.
Subcontractor Insurance
EXHIBIT I
Al COMMERCIAL GENERAL LIABILITY
General Aggregate Limit
Products -Completed Operations Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence
Fire Damage Limit (any one occurrence)
Medical Payments
$2000000
$2.000,000
$1,000,000
$1 000,000
$50,000
55,000
1) Coverage shall be written on an occurrence, not claims made, form, The general
liability coverage shall be written in accord with ISO form C00001 or business
owners form BP0002 All deviations from the standard tS0 commercial general
liability form CG 0001 or business owners form BP 0002 shall be clearty
identified.
2) Include ISO endorsement form CG 25 04 'Designated Locabon(s) General
Aggregate Limit° or CG 25 03 'Designated Construction Project(s) General
Aggregate Limit° as appropriate.
3I Include endorsement indicating that coverage re printery and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement (Sample
attached).
5) Include an endorsement that deletes any fellow employee exclusion.
Page 9 of 13
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors.
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE B (continued)
Include additional insured endorsement for
The City of Dubuque, including al3 its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10
(Ongoing operations).
7) The additional insured endorsement shall include completed operations under
ISO form CG 2037 during the project term and for a period of two years alter the
completion of the project.
Policy shall include Waiver of Right to Recover from Others endorsement.
5) AUTOMOBILE LIABILITY
Combined Single Limit $1.000 000
C) WORKERSCOMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering afl employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A
Coverage B
Statutory—State of Iowa
Employers Liability
Each Accident
Each Employee -Disease
Policy Limit -Disease
$100,000
$100,000
$500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage 6 limits shall be greater if required by the umbrella/excess insurer.
Nonelection of Workers' Compensation or Employers' Liabdrty Coverage under lowa
Code sec 87.22
yes _A. form attached
DI UMBRELLA(EXCESS LIABILITY $10,000,000
Umbrella liability coverage must be at least following form with the underlying policies, if any,
included herein.
Page 10 of 13
City of Dubuque Insurance Requirements for General. Artisan or Trade Contractors.
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE B (continued)
E) ENVIRONMENTAL IMPAIRMENT LIABILITY OR POLLUTION LIABILITY
Coverage required yes no
Pollution liability coverage shall be required 4 project involves any pollution exposure for
hazardous or contaminated materials including, but not limited to the removal of lead,
asbestos, or PCB's. Pollution product and complete operations coverage shatl also be
covered.
Each Occurrence
Policy Aggregate
S2000000
$4.000000
1 Policy to include premises and transportation coverage
"k) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, alt its boards, commissions anWor authorities and
their board members, employees and volunteers. Use ISO form CG 20 10_
(Ongoing operations) as stated in A(el above.
3) mciude Preservation of Governmental Immunities Endorsement.
4 Provide evidence of coverage for 5 years after completion of project.
F) RAILROAD PROTECTIVE LIABILITY
Coverage required: yes
Any contract for construction or demolition work on or within fifty feet (50') from the edge
of the tracks of a raiiroad or effecting any railroad bridge or trestle, tracks, roadbeds,
tunnel_ underpass, or crossing for which an easement or license or ndernnificabon of the
railroad is required, shall require evidence of the following additional coverages.
Railroad Protective Liability:
5 each occurrence (per limits required by Railroad)
policy aggregate (per limits required by Railroad)
OR
An endorsement to the Commercial General Liability policy equal to ISO CG 2417
(Contractual Liabitity-Raiinoads). A copy of this endorsement shall be attached to the
certificate of insurance.
Page 11 of 13
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub
Subcontractors
ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LIMITED
14.111Kbri it No. TBD Effective Date of Ei idor$ement TBD
Attached to and forming part of POLICY No. Renewal of Policy
NAMPL) INStik-e0 14lack Corporation
Itt ondei stood and agreed that this P01 ICY is Ileteoy amended as ndc&eJ All other Itons and conditions of
POLIc't° iernioluncharigett
IOWA GOVERNMENTAL IMMUNITY ENDORSEMENT
Ibis POLICY 6/lull 'tot apply and the C.:OMPANY st,all not he Marie to make any payment Ira INDEMNITY wilb
respect ret arty CLAIM(S) made against INSUWer) toe babitity or suds fur damages barred by the dextrine at
governmental tort Immunity, now or hereafter existing at common law or Oy statute in the state of Iowa. including
Iowa Code Ann, Secson 8704. or elsewhere
t,rgriature e1Aetlionzed Representative
Page 12 of 13
City of Dubuque Insurance Requirements for General. Artisan or Trade Contractors, Subcontractors or Sub
Subcontractors
46,AEC3IS
ASSOCIATED ELECTRIC 8. GAS INSURANCE SERVICES LIMITED
Er nnriercent No_21
Attar. nitC to ono 10(7hriso VIII ol P(A.PCY N(.7, XL fo 211795P
fr‘iAMEL INU tl,facts hiltlIcomp/apon
st is understood acid ,kgre Cwt eiiF POLICY a horwy amended as tredtne AI other tames aero concitAms
thss Ek,)t •61-,Y serruncnangen
Eftrtive /late, es, Endorsement Ji.Ay Ai*
ADDITIONAL INSUREDS - BLANKET BASIS
(CERTIFICATE HO(DERS)
Any pis/is-on 01 ,..srganaduon to whim a Cotkate of InsulanGe hiss 1-,,kkm with rsospect 10 this Pa..1CY
inciutiod as els act/It:kid INca'URED ,.indoi the PGJCY, tivt irxitx if ditd te tie oxtail the NAMED INSURED has
anreed viritng pn:st to an 3CCURRENCE in prceke insurance l sects Derscr csr organUatinn The coverage
affixdssi the a0d,tio-ial INSURED is satiric,: to Ole terms, HAdosicns aria ,•:.iottirtitions cit this POEICY. includrig
Lirrg.$ Lni1. aric kiflim ii,iiittx1 ir:,(3 reQUitt4 1 thti PrItY *t01) acIft'eflotil with Cte NAMED
INURU
Noiwithstarng the forevcsing. the teltiming stii rot to ao Acichoisai ifystiREDurour this poticy
oi9arizatori auT0il tif the NAMED INSURED aftei itso Incarptial o' tsc PC/LtCY
PERIOD.
MI In/We $;.id", C,InAr person or organizattor has assailer Pe liankRy 01arrp. Other INSURED uheet
tilt
htiomi trLott utticr oissonIY ctfpliZiekri11 unoaucxlkt a JOIN r .yENTuRE, in., NARao iNsuREo
....414ch the NAMED INSURED t5r4MgcX:iratOr 1nana8409pr.
Skysature rtt AuMrginG Representative
IL4EN:1.11,'21T14 PANtyP
Page 13 of 13
Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330, Dubuque IA 52001 563 583-4113
Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330, Dubuque IA 52001 563 583-4113
RESOLUTION NO. 265-17
DISPOSING OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE
PURSUANT TO AN EASEMENT GRANTED BY THE CITY OF DUBUQUE TO
BLACK HILLS/IOWA GAS UTILITY COMPANY, LLC DBA BLACK HILLS
ENERGY TO FACILITATE CONNECTION OF THE GAS SYSTEM BEING
CONSTRUCTED BY BRD THREE, LLC AT THE WATER RESOURCE AND
RECOVERY CENTER TO BLACK HILLS ENERGY'S DUBUQUE GAS
DISTRIBUTION SYSTEM
Whereas, the City of Dubuque has entered into a Lease and a Gas System
Development and Operating Agreement with BRD Three, LLC for the construction
and operation of a Gas System at the Dubuque Water & Resource Recovery
Center as described therein; and
Whereas, BRD Three, LLC and Black Hills/Iowa Gas Utility Company, LLC
d/b/a Black Hills Energy have entered into a Facilities Interconnection and
Operating Agreement to connect the Gas System to Black Hills Energy's Dubuque
Gas Distribution System; and
Whereas, Black Hills Energy has requested that the City of Dubuque grant
to Black Hills Energy an easement to facilitate connection of the Gas System to
Black Hills Energy's Dubuque Gas Distribution System; and
Whereas, Black Hills Energy and the City have tentatively agreed to the
terms of an Easement for the easement area shown on Exhibit A attached thereto,
which is located on the following described real property:
Part of Lot 1 of Lot 1 of the NE Fract. 1/4 of the NW 1/4 of Sec. 6,
T88N, R3E.
; and
071017ba1
WHEREAS, on July 17, 2017, the City Council pursuant to notice published as
required by law held a public hearing on its intent to dispose of the foregoing interest BY
Grant of Easement and overruled all objections thereto; and
WHEREAS, the City Council finds that it is in the best interest of the City to approve
the Grant of Easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Mayor is hereby authorized and directed to execute the attached
Grant of Easement to Black Hills Energy.
Section 2. The City Manager and the City Attorney are authorized to take such
further action as is necessary to finalize the Grant of Easement.
Passed, approved and adopted this 17th day of July, 4017.
Roy b. Buc, Mayor
Attest:
Keviri S. Firnstahl, City Clerk
F:\Users\tsteckle\Lindahl\Black Hills Energy Grant of Easement (WRRC)\Resolution Disposing of Interest_071017.docx
2
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, 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. 265-17 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 18th day of July, 2017.
Kevin S. Firnstahf CMC, City Clerk
-STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: July 7, 2017, and for which the charge is $28739.
Subscribed to before m� allotary Public in and for Dubuque County, Iowa,
this // K7, day o
'# 20 /7 .
otary Public in and for Dubue County, Iowa.
`;.40; MARY K WE$TEWMEYER
Commission Number 154885
My Commission Exp, f+db.1, 2020
CITY OF,P0000E, IOWA
OFFICIAL NOTICE 1
NOTICE OF A PUBLIC
HEARING OF THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE
INTENT ' TO DISPOSE OF
AN INTEREST IN CITY OF
DUBUQUE REAL ESTATE
PURSUANT TO AN EASEMENT
GRANTED BY THE CITY OF
DUBUQUE TO BLACK HILLS/
IOWA GAS UTILITY COMPANY,
LLC DBABLACK HILLS ENERGY
TO FACILITATE CONNECTION
OF THE GAS SYSTEM BEING
CONSTRUCTED BY BRD
THREE, LLC AT THE WATER
RESOURCE AND RECOVERY
CENTER TO BLACK HILL
ENERGY'S DUBUQUE GAS
DISTRIBUTION SYSTEM
PUBLIC NOTICE is hereby
given that the City Council of the
City of Dubuque, Iowa, will hold a
public hearing on the 17.' day of
July, 2017, at 6:00 p.m. In the City
Council Chambers at the Historic
Federal Building, 350 W. 6th St.,
Dubuque, Iowa, at which meeting
the City Council proposes to take
action on the intent to dispose of
an interest in City of Dubuque real
estate by Easement as shown on
the attached Exhibit A.
The City of Dubuque has
entered into a Lease and a
Gas System Development and
Operating Agreement with BRD
Three, LLC for the construction
and operation of a Gas System at
the Dubuque Water & Resource
Recovery Center.
The City of Dubuque will
grant the Easement to Black
Hills Energy for the purpose
of surveying, constructing,
operating, patrolling, inspecting,
maintaining, altering, repairing,
rebuilding and removing a private
natural gas main pipeline and
associated appurtenances In
accordance with applicable City
Standards and plans reviewed
by the City Engineer to facilitate
connection of the Gas System to
Black Hill Energy's Dubuque Gas
Distribution System.
At the meeting, the City
Council will receive oral and
written objections from any
resident or property owner of said
City to the above action. After all
objections have been received
and considered, the City Council
may at this meeting or at any
adjournment thereof, approve the
Grant of Easement to Black Hills
Energy.
Dated this 7th day of July, 2017.
Kevin S. Firnstahl
City Clerk of Dubuque, Iowa
7/7
Duhuyue ' ICITY OF DUBUQUE
ENGINEERING DEPARTMENT
'ue''qui uinAsaoo`eeiv" '
'HIEN1,,,a�R.,va,N
NORTH
0 25 50 100'
SCALE 1"=100' FF -ET
NOUS.
1=7:2,7.1.1===
YA"4SIAJE09Y: ALL OFEMENTS.5o W. RD N N. OUR, orb,
PAISPUTTSSNa,ECT-2017 Er..iEMENis C6 RtcoaO AND N. Or Rac06¢
MTE SFxurrvsr.asw-xoo
• FOUND IRON ROD/PIPE AS SHOWN
O SET 5l8" RESAR WITH YELLOW
PLASTIC CAP 418129
R,O,W. RIGHT OF WAY
(100.00') RECORDED DIMENSION
LINE BREAK
ADJACENT PROPERTY LINE
- RIGHT OF WAY LINE (EXISTING)
• FOUND MAG NAILIMASONRY NAIL
CITY OF DUBUQUE
EASEMENT EXHIBIT
COUNTY o09191.1 9ARCEL N0 N/A JOB N0 N/2
PR0JECTawmrwtts 00000 v SECTION. 6 100 n_ 6JRANCE 3E
ROW -FE EWA FXI$r, ROA, N/A PERM. EASELI'T 000 0000r
050E9 01,Y 07 01/01/01/1
EXHIBIT A
LINE (TYP4
CHORD DIST.-27.26'
ARC L=2726'
Nn0-520.00'
JULIEN DUBUQUE DRIVE (66' R.O.W.)
S86' 09' 1/4"E
70'
PROPERTY
LINa(YYP.)
1071 OF ;,
INLAN0
001055ES
5' WIDE PERMANENT PLACE NO;
GAS UTILRY EASEMENT PER INsi-
CENTERED OVER ~----4--4""0"7"
�
EXISTING 2" LINE
L603 00
INLAND MOLASSES PLACE ND.0
PER 1050.080104000749
01600TER
NO.0
-201' S7' 90"E
6011'
? `1
S88' 00' 10'19
010E91E0610.
1000' 7
003' 29' 951E
iaa.oz'
01OESTER
NO.0
07076
OORNen
1107' 06' 07"
65 7
PART OF 1001
OF LOT 1 OF
NE ENACT. 1/4
OF THE NW 13
008' .
08' 261E OF 0005, TERM,0
-5.69' ? 1130
PERMANENT
GAS UTILITY EASEMENT -M
N¢ro
1.5.9URVEY Istccareuiu the
NW W SECT ,11,7 RAI"
OF TA5,10 G.IM1.0u5uqu¢
uunrY,locva
aa
RESOLUTION NO. 247-17 Hills Energy have entered into a Facilities
INTENT TO DISPOSE OF AN INTEREST
IN CITY OF DUBUQUE REAL ESTATE
PURSUANT TO AN EASEMENT GRANTED
BY THE CITY OF DUBUQUE TO BLACK
HILLS/IOWA GAS UTILITY COMPANY,
LLC DBA BLACK HILLS ENERGY TO
FACILITATE CONNECTION OF THE GAS
SYSTEM BEING CONSTRUCTED BY BRD
THREE, LLC AT THE WATER RESOURCE
AND RECOVERY CENTER TO BLACK HILL
ENERGY'S DUBUQUE GAS DISTRIBUTION
SYSTEM AND FIXING THE DATE FOR A
PUBLIC HEARING AND PROVIDING FOR
THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque has entered
into a Lease and a Gas Systern Development
and Operating Agreement with BRD Three,
LLC for the construction and operation
of a Gas System at the Dubuque Water &
Resource Recovery Center as described
therein; and
Whereas, BRD Three, LLC and Black Hills/
Iowa Gas Utility Company, LLC dba Black
p
Interconnection and Operating Agreement
to connect the Gas Systern to Black Hill
Energy's Dubuque Gas Distribution System;
and
Whereas, Black Hills Energy has
requested that the City of Dubuque grant to
Black Hills Energy an easement to facilitate
connection of the Gas Systern to Black Hill
Energy's Dubuque Gas Distribution System;
and
Whereas, Black Hills Energy and the City
have tentatively agreed to the terms of an
Easement for the easement ama shown on
Exhibit A attached thereto, which Is located
on the following described real property:
Part of Lot 1 of Lot 1 of the NE Erect.
of the NW 1/4 of Sec. 6, TS8N, R3E.
;and
Whereas, the City Council has tentatively
determined that it would be In the best
Interests of the City to apps ova the Easement;
and
0907 010
1111E 17171
50205
51 0CESSINe
110.
Whereas, the Iowa Code requires that the
City Clerk publish a notice of the proposal
and of the time and place of the meeting
at which the City Council proposes to take
action thereon and at which meeting the
City Council shall receive oral and/or written
objections from any resident or property
owner of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.
The City of Dubuque intends to dispose
of Its interest in the foregoing -described
property by Easement to Black Hills Energy.
Section 2.
The City Clerk Is hereby authorized and
directed to cause this Resolution and a
notice to be published as prescribed by Iowa
Code Section 364.7 of a public hearing on
the City's Intent to dispose of the folegoing-
descnbed property, to be held on the 17'" day
of July, 2017, at 6.00 p.m. in the City Council
Chambers at the Historic Federal Building,
350 W.6"/Street, Dubuque, Iowa.
Section 3.
The City Clerk 1s hereby directed to cause
at least one publication to be made of a notice
of said meeting, in a newspaper, printed
wholly In the English language, published
at least once weekly, and having general
circulation in said City, said publication to be
not less than four days nor more than twenty
days before the date of said meeting on the
disposal of the City's Interest in the property.
Section 4.
That the notice of the proposed action 1
shall be in substantially the form attached
hereto.
Passed, approved and adopted this 5'
day of July, 2017,
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
...V. 1.0 I
STATE OF IOWA
CERTIFICATE of the CITY CLERK
)
) SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, 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 Clerk I have in my
possession or have access to the records of the proceedings of said City. I hereby
certify that the hereto -attached Certification of Publication 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 18th day of July, 2017.
Key '` S. Firnitahl, CMC; City Clerk
i
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation,publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: July 7, 2017, and for which the charge is $287.79.
w�
Subscribed to before m Notary Public in and for Dubuque County, Iowa,
this day o , 2017
90tar'y Public in and for Dub ue County, Iowa.
a � � MARY K WESTERMVY R
Commission Number 154885
My Commission Exp,F®b,1,2020
Y
!. , .: - -
-pini
I1W 10:,
iia: .;.i. at - ....'. " ,_,.. .- .,i. :L: • ..•'i -. j� T/1 lUFhl I {i(1J 'y9tf Sfi 61) ,)d,.. 'Oh (!0 _:
EXFI�B�1 1 {i !lt r ,
i CITY OF n1�UgpUQUE;I VJI !� y�(. y� �T Iz 1 h I, u,„I 11
1 .!' lYh,�p '•$�F4%',; a. .YY✓✓ q .1 '1 t - S t ')'lYr I t'i 1 11: n
OF,FI' L,NOTICE Iy y' t ` '
-! IA 1 Et�'f'�e'IN Ily-Ca DR',h27' i47" r , ' 1 �L,''
,ixUro�sa�Y,€-'.rsvPr€r-9vl . ttY�e t e
YFCY�Yly6Yh§sop3ea }:
NOTICE 'OF A PUBL C Y.' n op i'+ €H f}s6ad270 rwc-' €sea) * E c.C,LL -
�. Ofi .THE' CITY .. •,• .x, se# pa.11 vile .V — ';& `_
,HEARING i v '-`" " s i .,..z. x �. ,:'� a I r.!,.' .
i. I'fCg fit"org is Wa. .
. �HoRtty=r4$1 f?3, 5 E
COUNCIL ,OF.;THE CITY OF.; ' cor7t`c€ tn�r t{aa� a dg, a;
of HdfSGY".II sT 27'
DUBUQUE, IOWA; ON ;THEE}.:` l 1 ` aria" u dgn r�*�(*ls Mt t r ' f0d.l �L9° t, a
INTENT-TO I..DISPOSE +OF ,; ?,(} �'' lm.; <<-W99-i`: dl(LIEN DU�WO IE`DRIV
AN INTEREST IN CITY OF r!R 0
t C)UBUQUE',t REAL ESTATE' S
H .e '4?$ ,
PURSOANT TO AN;EASEMENT + - : ^^ 1, I'll
GRANTED, BY"THE CITY OF i
'DUBUQUE`TO:BLACKs':HILLS/ 111111"1111111111111111�-, t ,.Ii" � ` `� EJ(I�T'> tl tlYp},:
0 25,.G•5b tF?ft- t26
'IOW4 GAS UTILITY COMPANY, ' GAtE 1A FEET t�Nff 1 St} 5387 E,,.
LLCDBABL'ACKHILLSENERGY truf3 " c.,; tom} `s R5'
`
Sr, i ROP'CtTY t }I!,� b2 »
' ATE `CONNEC11,- ' , "i tFi ' frig apt€"t d ciitaPaB t gPE :
b ,TO, FACILIT , - ,., ;,a rt. - ...,A�...h ,._.,.. .. ._.E ,:.. ).. ... LINE'tYY1'j t :;
„ -t?(:Y15 ?'i(IiUm,F.t@�Y6n l@$,9tj .GllY ti 1 .€ .... :-:. :,..
( OF.THE GAS.,SYSTEM BEING ays ». >sT€cay:ortgRW 4� :arw.taTtfsr uuQUdlle tnSvn• " ?
=CONSTRUCTED BY, -BRD11� 4:7"11 Flw,W. t6t rt N t aictrltni arta bra a i
AT`THE`?WATER arsor #r LQTt AF
THREE, LLC :. INL d.' G11C3E$I
s ND RECOVE�iY 1 U, Ny,tit 4�bb/F,IPEA�,SI OWN'` 7 >E
(. RESOURCE A i ,. ,
S TfOlViEMOAR:VVj . YELl1OW. - i41ae6 a .�
,,:CENTER TO;; BLACK; HILL,,- ;.O , 5.. p. Ct:N4: 5; '»Ey
PLA rTIt1 tA�"` I , ;rwl 0 � t4(ANS �:.
t�,,! SOJ'S7s3.,..
ENERGY S! :DUBUQUE GAS :, S F11�91 &9:11 : ,
DISTRIBUTION SYSTEIVI. j ,#O,t .RfGt jT CiFiAYL'I
A1.
$UTIL ln' AI$JT #aotu-0aast4i '!
1 `( '` 11.154 ,OE JFtIC�ktIS I?:IIE 51 N Et�TERE[3'.t�VER`
; 1 ~„ --
11�
l PUBLIC .NOTICE is.,hereby'.; / LINE I3I�Elat, "EX L S' 98t! b2 =Vt
r?fCfii5iER X60
�' a t:tl tlti' ,
( �, '�
;.
iye ;that the Glty Council of the.:, „ ,.,
9, ,.q.,.. . V t
-'A JA_ ENT-PROPER LINT* zoo - s ,i
e ue'Iowa will holder : [� G" TY „ T°A Ui c .,
tCit of Dubu , ,. s. ��
'(. . m - --NIGHT QF WAY LINE tSTltvfdj 1 1N il Pd[ i $t; d N' 2 0<. ,•, '1
ublic=hearin"<bn%the 17.xtla of '
JUIy,2017 at6:00 p m inrthe City „i t" j
s, f
t s t e
1 I. fl R
.,_
a bers'.atth'e`Hlstoric .41 .t FOU' CN' 111f 1tS(3NFtYNAIL � 1,. IE
Council Ch fn, ii hI�}NIA A. t Nn:z'
I FI el
ederal Building 350 W%6th St1.1. „t 1. l f
;Dubuque,Iowa;at'which'meeungr. 1N/tS7Et §
.- „ n R+ "
+ tFie'Cit Council.proposes to'take eUttNR f, „"
lactlon o the intent to dispose of:.: �4
an inPerest in Crty of Dubuque€tea 1. ,r
t `b:Easement:as shown q p� "' "
! ester a YI, n 4 � .�T. MJF L�}T QP.
thelattachedExhlbi (i a, f 111' i ;N1:1 , 4 ]t.
' fA P' ., rtJlA j:• ,k6 -N!A b4 #tlE'Nw2t{
t di�U1tT 3tR#J ARr; a,NU Cts ,
t+.. O E .13TBp1'
-' it'•'of °-- ue has,' F ECY# .citi7iLZi,.EN GY>... 'SEtlTItl •Q, TY(r+ �8}J.. ANE ... ,.: X48:,t3 26;L,,.
The C y. qI „r i£IaJ ,,,r t't -- - ..,9 „ :.. . N4� .4,6, A7 1 CrS.Et4 R
° entered. into -a-L'ease'` and a" RQKr PEEN,-; • eftWl Rd p�Ntlt_ 1fkR ;' EQ,� r 8��§ii��. I.,}, 657Q
_, stem: ' IO -est r and LEA t<_= E$C� If•�Tfi}7N: °,err'ne.W.ww> € Inzr drwiaRt,a,a�aa'Nkut as ',e�t+xsnc�,l. ., , - ' y ,, �: -
Gas j;SY P01, A ,V �.. '. .
' eht it BRD U#4 1t;'dt7Y'15)tld€b41dIjr+.
Y. Operating Agreem w. h I,.M, 1ANEI�ti - S
-1; 'Three; LLC=.fo'r.'the l construction i - .iCA,$I�.' I 1 SE ENT ' ; '
., r :_.,„ "-- '�irtdavlaaikY�es�,+s@7�deY&cGsae�wenawi �! f - F,>. ,z�Ptto€' > �Pta,,;`.,,.
° 'and!o eration'of a Gas System at<..: v., , aK4a�n eras„ a' a �}
I ,t,,I� , ,,,:,. .. ,:;.r ;, ' ka>uuwsaMa��l �,e tx ., ' ; , l i 6f+:011E t� 'I;,
the;Dubuque Water & Resource, m�� * tFm� ko r• pp
Recovery,Cen�er ,,- �, , A ,
1 -:) Y 1 tl` !Y" 1 ':J %g+.1,pt_1(�l.UliA'r itY ` !,7 e
Y 'Iill
r �!' !t tl'.L t , 1. � ,.4?@>;prlRta.7 ft .,s y �,li
.,,;; :: of'•Dubu"ue wilU ;::: ,( {nuQUQu9Y ie)� ,.r
The City., qt, i €, Q:Tt€ a}i Vq0711 B'! u bidlD $2 t :4�E
grant_ the Easement fo Blank , , g84RTY IpWiY i, l 3 a Q8•.
' 'for`.the 'ur ose` ' PIt(}tfTY c>
: Hll�s:`Ener9Y l P P �myta l0.,,+ascr mac " LiNE } t , l
PTI, :surveying , construotin9 �€i► ` Y u(; �+ tl
€ .. atollin ins ect , ,.r,, ;. f@eat,r�e4arta +xY�xr�nlv_' , _
operating;•p. r 9, ..p. ,In9ri,, ,
_ ..::
sat the.Historic.Federal Bulldin :f
,. maintaining, ,altering, repairing; ,,.,:RESOLUTIONN0.247-17 Hills-Energy;have„entered into a,Facildies . ,.; Cha berg 0,1 gt.4
m,
' ebulldin :and Pemovin -a rivate, , t:}, !;; ?` a enit; W ereas the Iowa Cotle`re`uires'that the i 3501N.6�Street;Dubuque,Iowa; '•
i r„ 9 , 9„ P Intercohnection,and,Operating+,Afire m h, q
a
,', i 'ellrie `an a `ro osal=:'i
natu�al as man ,p p d_ "
9 r., :._.� ,• INTENT TO DISPOSE.OF,AN,INTEREST:, to connect the,,Gas,System to Black Hill City.Clerk:publish a notice.of th p ,p
'; •associated a urtenances in s Distr'bution S stem 3- and-of'the time>antl lace of'the'meeting Section 3:
,,,,;pP- IN CITY' OE,DUBUQUE' REAL ESTATE Enelgy,'s Dubuque Ga. _ I Y P
,, ordance,withr:a llcablelCit - ..s.,.,: ,, ,
acc.. PP r Y EA EMENTtGRANTED 1- and " at Which the City Councll�proposes;to take, The City Clerk;is hereby,directed to cause;
PURSUANT TO,;AN „$, `
Standards!,and plans reviewed BLpCK'. action.thereon and at which meeting,,,the .,;,a,It
least o,he publication to be'made of a!notice:
„:_;. ,...;; . ,.,, BY'THE CITY QF DUBUQUE TO , ;:' .';n,'' : :,.
eer to:facilitate - ' ' r• 'C d o,wr'tten• of said:meetin -.In a-n_ews a er:= rinted
+ by-the City,Engm IOWA. GAS <UTILIT - 'COMRANY+•- Whereas,: Black, ,Hills. Energy. hgs,,;,•Ctty,,Q9_cll shallxecelve oral a_ / r„ l - x 9,,... < P P a;-_p
„ ,,", ;: ,, „.,:. ,; HILLS/„
Y u ' ' j E `lish,Ia'lln ua ek "t.,."Ned;
o nectwn.of the=Gas S stem to,: „ +",.
,•.A n �,,s.. Y, LLC .DBA :BLACK. HILLS .ENERGY TO fe uested,that th"e City of Dubuque',drant to objections from any resident or,property. ;;wholly iii the ng, d p
I .. .. ;:..,,.,. .. . q -..: :. 1, ., , ,., :,...
BlackHill;Ener s,Dubu ue Gas; "` =' tto•' cilltate owner of said CIt to such'. ro oedd act on y and ,lawn `' ene aI
9Y• ," 9. • FACILITATE;CONNECTION OF THE GAS,: Black:HIIIs,Energy an Basemen „,fa y g p 4 !_;,+at least''ohce we_ekl g g
O ,•,,. ,, r ,.,• ,.;, o, e
Distribution System. . ,,,,, D+BY BRD- connection•of the Gas S stem"to.Black HILI circulation inisaid Clty said publication t b f
SYSTEM BEING„CONSTRUCTS ..• I „ -„ X,, +., 5,,.::a„,.,
ily NOW.THEREFORE B., ,, than four days normo':than-mT.e ty,
- ? ,
_".,
THREE LLC IAT;- E WATERT RESOURCE Energys Dubuque Gas Distribution S stele E IT RESOLVED not less'
• ', At” the: meetin ; the City alt , BY THE CITY COUNCIL,AF THE CITY OF days before;the date ofrsaid ,,p ing,.on the: I 11
,. ,.,;, :, -- •;g ;AND RECOVERX CENTER TO BLACK yHILL .and
c ve-oral-:and ;'s r” ,:: I tlis oral of ttie Cit'}s interest In the'.10 erty'.
Counal will;re el ., . DUBUQUE,IOWA Y ( P.,.P ,
,,;,,,(, t ,q;,� , .,. ENERGY'S DUBUQUE GAS DISTRIBUTION
written ;•ob:coons,.: from .anY ck-Hills'Ener 'and the Cit ` , P .- ' ` t' `r' 1.
,
,. ..r,,. 1„_, .,, ,., SYSTEM'AND FIXING THE PATE FORA ` Whereas:Bla „, gy y
r resident or property ''” fYiel a"`re d.to.the'terms of an % Section is Secoon4;+
P PUBLIC HEARI_,NG AND;i?ROVIDING.FOR ,' have testa 1.. y_.-9 a ,,, 1.
'' Cd to the above actioni;After all- a ea'e ; t z' `shown- i .:•, The Cit of,Dubu ue`;'lntends•to.dis ose i That-the notice of the;proposed'actlon','
+ .. :Y_ •. THE,PUBLICATION OF NOTICE THEREOF.:. Easement for th_,. ,Y , q .,, ,P .
,'" ave:been received` T -<' _: t h" t=.' the•_:fore o n =described` shall be':in'substantial, ;.the form aitached. .
ob1ectlons,h,, Eztiibit'Aattached,thereto which is,located, of its.,interes, in g i g,. y ,i 1
and considered,ahe:City Cou_ncl,I:, " ' ""' `deseribetl real, ro err : t ro ert -b' Easement to Black•Hi115 Energy. hereto:;
Whereas,ahe City of Dubuque has entered" �11on the following, p p y P i.,p Y Y r. i
,may`a,it.,this meeting or at"any;, into a Lease and:a Gas S`stem DeGelo merit' ' ''
s
System P` ' ' + ~' assetl€'a' owed 'rid.ado ed'thi's_5!h
adjoummentthereof;approve the t' A 7eement,withI BRD Three Part:of Lot i`of-Lot,1 of the NE'Fract. /a ,; Section 2.' P - „ ,, per,;, Pt
and'Opera in9 9. �, , `,
Grant'.of Easement to Black';Hills io , t�l
' LLC for the 'constructiom-and %operation:: of,the NW/a of Sec.6,T88N,R3E. The",City Q,erk is hereby author etl and`` dgy ofJ,uly 2017
' Energy of a'Gas System at.the:bubuque'Water'& directed: to cause this "Rei _;u i, and a' I
' . 11,r' Resource Recove Center as`described ;and notice to be published as prescribed by Iowa Roy D -k,Buol;Mayor;
Dafed;this7th'dayofJuly 2017. ry
•..
1.
therein;and 'Whereas11
,the'City Council has tentatively Code"'Section'364 7 of a public hearing on :. 1. ,'
' `determinetl that it wo11uld:,be In he best ' 'the`City's infest to di1.spose;of the•forefjoing Attest Kevih S,Firnstahl City;Clerk
,i•..,. Kevin S.Flrnstahl`' a estsof:the Cit to a rove the,Easement; des%cribed _roperty to be_Jeld on the;17•.day.
Whereas,BRD Three,LLC and Blacl{Hills/ int r 1. Y PP, P .
;City Clerk of Dubuque;Iowa ower Gas Utility Company, LLC dba Black:'. and,..'= of July,2017,at 6 00 p m ) the City Council,
tt 7/7ll
• - - -add673Y03-01
,,
I
, 1 i
p' P. ' yy
Kevin Firnstahl
From:Tracey Stecklein
Sent:Monday, July 24, 2017 3:08 PM
To:Pribyl, Nick
Cc:Barry Lindahl; Kevin Firnstahl
Subject:RE: BHE Easement
Attachments:Black Hills Town Station - Dubuque IA_GrantOfEasement-WRRC_Recorded072017.pdf
Categories:Agenda
Good afternoon Nick: Attached for your file is a copy of the recorded Grant of Easement. The City of Dubuque City Clerk
will be retaining the original Grant of Easement unless you would prefer to have the original for your file.
Thank you for your assistance regarding this matter.
Tracey Stecklein
City Attorney's Office
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
Phone: 563.583.4113
Fax: 563.583.1040
From: Pribyl, Nick \[mailto:Nick.Pribyl@blackhillscorp.com\]
Sent: Thursday, June 29, 2017 5:35 PM
To: Tracey Stecklein <Tsteckle@cityofdubuque.org>
Subject: RE: BHE Easement
I will have someone drop this off to you.
From: Tracey Stecklein \[mailto:Tsteckle@cityofdubuque.org\]
Sent: Thursday, June 29, 2017 4:53 PM
To: Pribyl, Nick <Nick.Pribyl@blackhillscorp.com>
Subject: RE: BHE Easement
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Nick, will you be mailing the original to us? I am hoping to have it in time for the 7/5 City Council meeting.
Thank you.
Tracey Stecklein
City Attorney's Office
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
Phone: 563.583.4113
Fax: 563.583.1040
1
From: Pribyl, Nick \[mailto:Nick.Pribyl@blackhillscorp.com\]
Sent: Thursday, June 29, 2017 4:36 PM
To: Barry Lindahl <balesq@cityofdubuque.org>; Dave Lyons <DaveL@greaterdubuque.org>; Ernst, Mark
<Mark.Ernst@blackhillscorp.com>
Cc: Steve Brown <Sbrown@cityofdubuque.org>; Mike Van Milligen <ctymgr@cityofdubuque.org>; Tracey Stecklein
<Tsteckle@cityofdubuque.org>; Pribyl, Nick <Nick.Pribyl@blackhillscorp.com>; Reising, Scott
<Scott.Reising@blackhillscorp.com>; Ashton, Wes <Wes.Ashton@blackhillscorp.com>; Hughes, David
<David.Hughes@blackhillscorp.com>; Law, Douglas <Douglas.Law@blackhillscorp.com>; Hiatt, Cassie
<Cassie.Hiatt@blackhillscorp.com>
Subject: RE: BHE Easement
Good Afternoon,
Attached is the easement agreement signed by BHE. I appreciate everyone’s effort in reaching this point.
th
Have a safe and enjoyable 4 of July Holiday!
Thanks,
Nick Pribyl
Black Hills Energy
Manager, Eastern Iowa Operations
1015 Cedar Cross Rd Dubuque, IA
|
O: 563.585.4035 C: 563.845.1294 F: 563.585.0850
||
From: Barry Lindahl \[mailto:balesq@cityofdubuque.org\]
Sent: Thursday, June 29, 2017 12:33 PM
To: Dave Lyons <DaveL@greaterdubuque.org>; Pribyl, Nick <Nick.Pribyl@blackhillscorp.com>; Ernst, Mark
<Mark.Ernst@blackhillscorp.com>
Cc: Steve Brown <Sbrown@cityofdubuque.org>; Mike Van Milligen <ctymgr@cityofdubuque.org>; Tracey Stecklein
<Tsteckle@cityofdubuque.org>
Subject: RE: BHE Easement
*** This email is from an EXTERNAL sender ***
DO NOT
Use caution before responding. open attachments or click links from unknown senders or unexpected email. If
this email appears to be sent from a BHE employee or department, verify its authenticity before acting or responding.
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Attached for your signature is the Black Hills Grant of Easement.
I would appreciate it if you would please email me a signed copy and mail the original to me as well.
Thank you.
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Barry A. Lindahl, Esq.
Senior Counsel
City of Dubuque, Iowa
300 Main Street
Suite 330
Dubuque, Iowa 52001
563.583.4113
balesq@cityofdubuque.org
From: Dave Lyons
Sent: Thursday, June 29, 2017 11:50 AM
To: Pribyl; Nick <Nick.Pribyl@blackhillscorp.com>; mark.ernst@blackhillscorp.com
Cc: Barry Lindahl <balesq@cityofdubuque.org>; Tracey Stecklein <Tsteckle@cityofdubuque.org>
Subject: BHE Easement
Nick and Mark: Counsel tells me we have an approved Easement for BHE at the WRRC !! The City Manager is on board
with getting this on the next available City Council agenda for formal Council approval (required by Code since it deals
with real estate rights). However, he will sign it right away and if BHE signs and provides a letter that says BHE intends
to be fully bound by the Easement while Council approval is pending, you can have access and start any work you
need. (The subcontractor would also need to provide their insurance certificate).
By copy on this email I am asked City Counsel to send you the final Easement for signature.
Time to move forward
Dave
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