Chicago RR Agree. Ice Harb RdMEMORANDUM
June 22, 2002
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Subordination Agreement with Chicago Central & Pacific Railroad
Company for Ice Harbor Access Road
Public Works Director Mike Koch recommends City Council approval of the proposed
Subordination Agreement between the City of Dubuque and the Chicago Central &
Pacific Railroad Company dated May 31, 2002, which will allow for the construction of a
24-foot wide roadway and an 8-foot wide sidewalk along the westerly side of the Ice
Harbor.
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
June 24, 2002
TO: Michael C. Van Milligen, City Manager
FROM: Michael A. Koch, Public Works Director
SUBJECT: Subordination Agreement with Chicago Central & Pacific
Railroad Company for Ice Harbor Access Road
INTRODUCTION
Enclosed is a proposed agreement between the City of Dubuque and the
Chicago Central & Pacific Railroad Company for the construction of a 24-foot
wide roadway and an 8-foot wide sidewalk along the westerly side of the Ice
Harbor.
DISCUSSION
This roadway will be partially located on City property and partially on property
owned by the City and leased to the Chicago Central & Pacific Railroad
Company.
Because of the width of the proposed roadway, it is required that fill be placed
adjacent to the railroad slope and extended partially into the ponding area of the
Ice Harbor. The fill adjacent to the Ice Harbor will be held vertically in place by
the installation of circular load cells rather than a traditional straight vertical wall.
This type of retaining wall will limit the excavation into the adjacent railroad
embankment.
As part of the roadway construction, a 42-inch high safety fence will be installed
along the adjacent sidewalk on top of the vertical wall at the edge of the Ice
Harbor. A safety wall will also separate the roadway from the railroad tracks.
The location of this wall would be 10.0 feet from the centerline of the nearest
railroad track.
The Subordination Agreement with the Chicago Central & Pacific Railroad
Company provides approval for the City to install the roadway on a portion of the
property currently under easement to the railroad company. The agreement
provides for the City to perform all the work without any expense to the railroad
company and provides for the City to hold the railroad company harmless from
any damages or charges resulting from the construction project.
The agreement requires the City's contractor to obtain the services of the railroad
for flagmen or watchmen as may be necessary during the construction period.
The cost of providing this service will be charged against the City's contractor. In
addition, the railroad is requiring the contractor to provide public liability and
property damage liability insurance in a combined single limit of $2 million per
occurrence, with an aggregate limit of $6 million for the duration of the project.
If the public use of the roadway is abandoned or discontinued, the rights granted
under the subordination agreement automatically cease and full rights of the
easement area automatically revert back to the Chicago Central & Pacific
Railroad Company. In exchange for the subordination agreement, the railroad is
requiring a payment from the City in the amount of $2,500.
RECOMMENDATION
I recommend that the City Council approve the proposed subordination
agreement between the City of Dubuque and the Chicago Central & Pacific
Railroad Company dated May 31, 2002.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution authorizing the
Mayor to execute the two copies of the subordination agreement.
MAK/vjd
cc: Cindy Steinhauser, Assistant City Manager
Pauline Joyce, Administrative Services Manager
Jim Kolf, Durrant
RESOLUTION NO. 330-02
RESOLUTION APPROVING SUBORDINATION AGREEMENT
BETWEEN THE CITY OF DUBUQUE AND CHICAGO CENTRAL &
PACIFIC RAILROAD COMPANY FOR THE PURPOSE OF
CONSTRUCTIO~PERATI~N~NTENANCE OF A
ROADWAY ALONG THE WESTERLY SIDE OF THE ICE HARBOR
Whereas, the City and the Chicago Central & Pacific Railroad Company
propose to enter into a subordination agreement for the construction of a
roadway on a portion of property that is under the control of the railroad
company; and
Whereas, the Chicago Central & P~icific Railroad Company has proposed
a Subordination Agreement dated May 31,' 2002 outlining the terms and
conditions under which the approval for the City to construct the roadway is being
granted.
NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the Subordination Agreement between the City of
Dubuque and the Chicago Central & Pacific Railroad Company dated May 31,
2002, be and is hereby approved.
Section 2. That the Mayor be authorized and directed to execute two
copies of the agreement.
Section 3. That a certified copy .of the resolution be submitted to the
Chicago Central & Pacific Railroad Company by the City Clerk of the City of
Dubuque.
Passed, adopted and approVed this 1st day of July, 2002. _--.__--'-,~002.
/s/ Terrance M. Duggan, Mayor
/s/ Jeanne F. Schneider, CMC, City Clerk
Tom Zeinz
June'7, 2002
W 18373'
Mr. Michael A. Koch
Pubric Works D~rector
Efigineering Division
Ci~ of Dubuque
6.0 W~t 13~ ~tm~t
Dubuque, IA 5200I~4864
Subject:
Si~bord~na~on Agreement
Ice Ffarpor Access Road'
V~cinity. CCP Milepost ~-1~3
Dubuque. rowa
Dear Mr. Koch:
Reference is made to previous correspondence conceming the Ciys desire to improve
the "emergency access roadwa? along the west side of the Ice Harbor, so as to provide
for two-way vehicular traffic and a pedestrian walkway,, a~acent to and encroaching upon
the Chicago Central & Pacific Railroad's track easement area in Dubuque, Iowa.
Enclosed, are duplicate originals of an agreement, pre-signed by the Railroad
Company, subordinating our easement dghts back to the City for this said purpose.
If satisfacto~, prease arrange for formal acceptance and signature on the Ciys behalf
in accordance with the attached Important Notice', then return the copy marked
"CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY - ORIGINAL" to the
undersigned.
If we may be of any further assistance in these regards, please let us know.
Sincerely,
CC:
Mr. Greg Bastian
Mr. John Dunakey
Chicago Centrat & Pacific
Raiiroad Company
Ice Harbor Access Road
Dubuque, iowa
Dubuque County
A 15691
SUBORDINATION
OF
ORDINANCE RIGHTS
THIS INDENTURE WITNESSETH that the CHICAGO CENTRAL & PACIFIC RAILROAD
COMPANY, a Delaware corporation, hereinafter referred to as "Grantor", for and in
consideration of the sum of TWO THOUSAND FIVE HUNDRED AND NO/100THS DOLLARS
($2,500.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby subordinate, so far as it lawfully may, unto the THE CITY OF
DUBUQUE, hereinafter referred to as "City", I:or the purpose of construction, operation, and
maintenance of a roadway and appurtenances, hereinafter referred to as "Structure", it's
interests in and to a certain tract of property in the vicinity of Grentor's Dubuque Distdct Mile
Post W-183 in Dubuque, Dubuque County, Iowa, as shown on the pdnt attached hereto and
made a part hereof and more particularly described as follows:
A part of the CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY's
Dubuque District right-of-way in the Northeast 1/4 of Section 25, Township 89
North, Range 2 East of the Fifth Principal Meddian in the City of Dubuque in
Dubuque County in the State of Iowa, being a part of one or more tracts of fight-
of-way originally granted to Grantor's predecessor(s) pursuant to one or more
ordinances enacted by said City, more particularly described as follows:
Commencing at the Southwesterly comer of Lot 2 of Ice Harbor Development;
thence N 07° 17' 33" E, 180.08 feet along the Westerly line of said Lot 2 to the
Northwesterly comer of aforementioned Lot 2 (this is an assumed beadng for
this description only); thence N 82° 42' 27" W. 26.30 feet to a point of
intersection with the Eastedy right-of-way line of the Chicago Central & Pacific
Railroad, said point being the Point of Beginning; thence N 05° 45' 20" E. 50.91
feet along said right-of-way; thence N 01° 05' 55~ E, 84.00 feet continuing along
said right-of-way; thence S 06° 59' 31" W, 447.97 feet to a point on a curve;
thence Southerly 158.96 feet along the arc of a 1,335.25 foot radius curve,
concave Southeasterly, the chord of which bears s 04° 39' 02" W, 158.86 feet;
thence Southerly 43.50 feet along the arc of a 756.59 foot radius curve,
concave Northeasterly, the chord of which bears S 01° 53' 09" E 43.49 feet;
thence Southerly 175.92 feet along the arc of a 747.85 foot radius curve,
concave Northeasterly, the chord of which bears South 10° 52' 37" E, 175.51
CHICAGO CENrI'RAL & PACIFIC RAILROAD COMPANY -ORIGINAL
feet: thence, S 19° 49' 09" E. 50.03 feet to a point on a curve: thence Southerly
39.78 feet along the arc of a curve, concave Northeasterly, the chord of which
bears S 26° 09' 09" East 39.76 feet to a point of intersection with the
Eastedy right-of-way line of said Chicago Central & Pacific Railroad: thence
N 23° 16' 10" W, 45.40 feet along said right-of-way to a point on a curve:
[hence continuing Northerly along said right-of-way 315.79 feet along the arc
of a 719.49 foot radius curve, concave Northeastady, the chord of which
bears N 08° 14' 16" W, 313.26 feet; [hence continuing along said right-of-way
NO6° 18'03'E, 75.70 feet; thence continuing along said right-of-way
N 15° 20' 03" E, 71.21 feet: thence continuing along said right-of-way
N 05° 45' 20" E, 72.65 feet to the Point of Beginning, containing 8456 square
feet (0.148 acres) more or less.
The grant aforesaid is made solely upon the conditions and limitations hereinafter
cor{tained, and the City, by its acceptance of the said grant, accepts such conditions and
limitations and agrees to the fuE strict and prompt observance and performance thereof.
1. The rights subordinated in this indenture are limited to the uses and purposes
hereinbefore expressed and for no other purpose whatever.
2. The Grantor reserves to itself, its grantees (other than the grantee named in this
indenture), licensees, lessees, successors and assigns, the dght not only to continue to keep
and use or operate all tracks and other facilities or structures now upon or beneath the surface
of, or above, the said described premises, but also the right to install and use or operate
additional tracks, facilities and structures upon and beneath the surface of, or above, the said
described premises, including, but not limited [o, underground pipes and conduits, upon and
beneath the surface of the said premises, and overhead wires, cables, and poles or other
structures for the suppor~ of such facilities and structures which may now or hereafter be on
the said premises, provided that said installations can be made without interference with the
use of the said premises as provided in this indenture, impair the roadway or interfere with the
free and safe flow of traffic thereon.
3. The City shall, without charge or assessment therefore against the Grantor or the
Grantor's property, and in accordance with plans which have been approved by Grantor's
Division Engineer or his duly authorized representative, perform all work and furnish any
matedal necessary for the construction, maintenance or reconstruction of the Structure. and
make or cause to be made any changes or alterations in the location or construction of the
Grantor's facilities that may be made necessary by this grant or by the Iocation, construction,
use or operation of the Structure. The City shall also assume and pay all expense incurred by
the Grantor incident to. or as a result of, the exem~se of this grant. The City shall also erect
and maintain at its sole dsk and expense, for as long as said roadway shall exist, a safety
bander between the proposed roadway and the Grantor's remaining tracks, said safety bander
to be of a design approved by Grantor's Division Engineer or his duly authorized
representative and shall be offset not less than 10-feet from the centadine of Grantors nearest
remaining track.
3
4. Neither the Grantor, nor its proper'Dz', shall be sfJbjected to any charge, assessment
or expense, adsing from. growing out of, or in any way attributable to, the construction.
maintenance, use or operation of the Structure, whether within or without the confines of
Grantor's property, nor for any crossing protection thereat, nor for any highway improvement
thereon if this easement is for roadway purposes. If the Grantor or its property is legally
subjected to any such charge, assessment or expense, the City shall pay Grantor. as
additional compensation for the dghts granted in this indenture, an amount of money equal to
any such charge, assessment or expense paid by Grantor.
5. The Grantor does not warrant title to the said described premises in which the
foregoing dghts are granted and does not undertake to defend the City in the peaceable
enjoyment thereof, but the subordination aforesaid shall be subject to the continuing lien of all
lawful outstanding existing liens and supedor dghts, if any, in and to said premises.
6. If any work to be performed by or for the City is let by contract, the City shall require
each contractor before coming upon the Grantor's tracks or waylands, to obtain from the
Granto~'s authorized represec~tafive permission for occupancy and use of the premises and to
ascertain and comply with the Grantor's requirements for clearances, operation, and its
general safety regulations. The Grantor may furnish each contractor, at such contractor's sole
cost and expense, protective services and devices, including, but not limited to, switchtenders
flagmen, or watchmen as the Grantor may deem desirable for the safety anc~ continuity of
railroad traffic dudng the work. Each contractor shall be required by the City to reimburse the
Grantor promptly upon receipt of bill(s) for such protective services and devices furnished to
the contractor.
The City shall withhold final payment to its contractor or contractors until the Grantor has
notified the City that all such bills have been settled. The City shall reimburse the Grantor
upon receipt of bill(s) for any work performed for the City by the Grantor.
Cost and expense for work performed by Grantor, as referred to in this indenture, shall
consist of the actual cost of labor and materials plus Grantor's standard additives in effect at
the time the work is performed.
7. For any work let by contract, the City shall require each of its contractors to fumish
evidence of Workmen's Compensation coverage and to maintain at all times dudng any work:
lA) Contractors' Public Liability and Property Damage Liability Insurance, including automobile
coverage, with a combined single limit of $2,000,000 per occurrence with an aggregate limit of
$6,000,000 for the term of the policy; lB) if subcontractors are involved, Contractors'
Protective Public Liability and Property Damage Liability Insurance with the limits prescribed in
lA) above; and lC) Railroad Protective Public Liability and Property Damage Liability
Insurance with the limits prescribed in lA) above. The Railroad Protective policy shall name
the Chicago Central & Pacific Railroad Company as the insured, shall be in a form acceptable
to the Grantor and said insurance shall be primary as it relates to the this contract. The City
shall require each contractor to fumish to the Grantor the odginal Railroad Protective policy
and certificates evidencing the other insurance coverage required in this Section The
Railroad Protective policy and all other insurance certificates shall be subject to the Grantor's
approval before any work may be started on the Grantor's property by any contractor.
4
8. If the public use of the premises described in this indenture for the purposes
expressed in it shall be abandoned or discontinued, the said dghts subordinated herein shall
thereupon cease and determine and the City shall surrender or cause to be surrendered to the
Grantor, or Grantor's successors or assigns, the peaceable possession of the said deschbed
premises, and title to the said premises shall remain as before said subordination was made.
Any and all dghts Grantor previously enjoyed respecting said premises herein involved are
reserved to Grantor, and its successors or ess[gns, subject to the right, permission and
authority expressly granted in this indenture. Upon termination of this indenture for any
reason, the City shall restore the Grantor's premises to a like condition as at present, insofar
as such restoration may in the opinion of Grantor's duly authorized representative Be
practicable.
9. Subject to the provisions of the foregoing Section 8. this indenture and the
conditions contained in it shall run with the land and be binding upon the respective grantees.
licensees, lessees, successors and assigns of the parties.
IN WITNESS WHEREOF, the Grantor has caused this indenture to be signed and its
corporate seal affixed by its proper duly authorized officers as of
the'~'~ ~' day of '",~-.-~-~.~ ,2002.
ATTEST:
Titi~: ~-ntl,.~a 3,.. ~j~rgma.mn
_~s~stant
(SE t.)
CHICAGO CENTRAL & PACIFIC
RAILROAD COMPANY
ACCEPTED:
CITY OFDUBUQUE
By
Title:
STATE OF ILLINOIS
SS
COLrNT~ OF COOK
said County and State, hereby certify that P. MASS,fALL, Vice
President of the aforesaid CHICAGO 2ENTRAL & PACIFIC RAILROAD
COMPANY. who is personally known no me, and knowI: mo be such Vice
President of said corporation, and the same person whose name is
subscribed in the above instrument as such Vice President appeared
before me this day in person in said State and County, and being
by me duly sworn, did say that he was on the date of the execution
of the said znsnrumenn Vice President of the said corporation, and
that the seal affixed To said instrument is the corporate seal of
said corporation, and that the said instrument was signed and
sealed in behalf of said corporation by authority of its Board of
Directors, and he acknowledged that he, being informed of the
conEenns of the instrument as such Vice President signed, sealed
and delivered the said instrument by signing the name of the
corporaElon by himself as Vice President as his own free ~nd
voluntary acm as Vice President and as the free and voluntary act
and deed of the said corporation for the uses and purposes therein
sen forth. I further certify that the seal of said corporation as
affixed no said instrument was attested and proven before me
corporation.
Given %under my hand and seal of offic~ln Chicago, Cook
County, Illinois. this day of ~ .
2oo~-
~ OFFICIALSEA['~'~.~"~-~,~
~ MARIETTA D SULLIVAN ~
~ SOT~w PUSU¢, ~ 0~ ~ ~ Notary
My Commission Expires
PLAT OF EASEMENT
F(glR R~ABWAY
RIGHT OF WAY THROUGH ~E
NE 1/~ OF SECTION 25, TDgN, R2E
CITY 0F DUBUQUE,
DUBUQUE COUNTY, IOWA
I
~RCULAR CUR~ DAT~ , M,L. SPIRAL OUR~DATA
POINT R.R. STA. J OFFSET LEFT
A M.L STA. 3465+27.59I 41.67'
B M.L .STA. 3465+77.25 40.00'
C M.L STA. 34644.93,74 30.9B'
D M.L STA. 3469+41.01 59.5g'
E M.L STA...34714-04.85 40,84'
F M.L BTA. 5471+50.81 41.04'
B M.L STA. 3473+3G.95 42.7B'
H M.L S?A. 3473+89.73 45.04'
I M.L STA. 5474+50,54 45.57'
J M.L. STA. '~475+83.60 45.00'
K M.L STA. 5470+4-8.30 45,00'
L M.L STA, 3469+70.30
M M.L $TA. 3469+00.00 55.00'
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