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Loras College Sidewalk EasementMEMORANDUM July 30, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Loras College - Acceptance of Easement for Public Sidewalk The existing sidewalk along Loras Boulevard is adjacent to the street curb. Loras College recently constructed an Academic Resource Center between Cox Street and Alta Vista, which has two entrances on the Loras Boulevard side of the new building. Loras College proposes to eliminate the existing sidewalk next to the curb and to reconstruct it closer to the building. This will allow for more green space and enhance the College's landscape plan. Loras College has executed the Easement for Public Sidewalk and signed an Indemnity Agreement for the easement area. Public Works Director Mike Koch recommends acceptance the Easement for Public Sidewalk. 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 TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM July 29, 2002 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Loras College - Acceptance of Easement for Public Sidewalk INTRODUCTION Enclosed is a resolution accepting an Easement for Public Sidewalk on Loras Boulevard. DISCUSSION The existing sidewalk along Loras Boulevard is adjacent to the street curb. Loras College recently constructed an Academic Resoume Center between Cox Street and Alta Vista, which has two entrances on the Loras Boulevard side of the new building. Loras College proposes to eliminate the existing sidewalk next to the curb and to reconstruct it closer to the building. This will allow for more green space and enhance the College's landscape plan. Loras College has executed the Easement for Public Sidewalk and signed an Indemnity Agreement for the easement area. Enclosed is an Easement for Public Sidewalk needed for the relocation of the public sidewalk. Included is the following easement for public sidewalk: .Owner Legal Description Loras College Part of Lot 2 of the Subdivision of Mineral Lot 90 in the City of Dubuque, Iowa RECOMMENDATION The above easement has already been executed by Loras College, and the Easement for Public Sidewalk should be accepted by the City Council. I would recommend adoption of the enclosed resolution accepting the easement. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution accepting the Easement for Public Sidewalk. MAK/vjd Prepared by Ronald J. Turner, P.L.S. cc: Ronald Turner, Engineering Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13m Sb'eet, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 384-02 A RESOLUTION ACCEPTING AN EASEMENT FOR PUBLIC SIDEWALK (PART OF LOT 2 OF THE SUBDIVISION OF MINERAL LOT 90) ON LORAS BOULEVARD TO THE CITY OF DUBUQUE Whereas, Loras College has agreed to convey an easement for public sidewalk over Part of Lot 2 of the Subdivision of Mineral Lot 90 in the City of Dubuque, Iowa, for the purpose of relocating the public sidewalk onto private property owned by Loras College, as shown on the easement exhibit thereof; and Whereas, Loras College has executed an easement to the public over said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Easement for Public Sidewalk from Loras College, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this Attest: Jeanne F. Schneider, CMC, City Clerk 5th day of August ,2002. Terrance M. Duggan, Mayor LOP. AS COLLEGE 1450 Alta Vista · P.O. Box 178 ° Dubuque, IA 52004-0178 · (319) 588-7100 July 10, 2002 City mn 50 W. 13t~ St. Dubuque, IA 52001 Honorable Mayor and City Council; On behalf of Loras College, a request for an "Easement of Public Sidewalk" is being made to allow Lotus College to relocate the sidewalk west of the Alumni Campus Center drive, to a point west of the new Academic Resource Center. The location is identified on "Exhibit A" provided to you by IIW. Loras wishes to do this for two primary reasons: 1). For the safety of the pedestrian traffic on Loras Boulevard. Moving the sidewalk closer to the ARC reduces the possibility of pedestrian accidents with traffic on Loras. The ARC has two exits that collect on this sidewalk and we believe that this is an appropriate safety measure for the benefit of the public using the facility. 2). It is Lores' intention to provide a double row of trees in this area to provide a canopy to the sidewalk. In doing so the south exposure of the ARC will be softened and the aesthetics of Loras Boulevard will be enhanced considerably. We trust that the Council will look favorably on our request and grant approval to allow us to proceed. Loras College Dubuque, Iowa Cc: Steve Schmall LORAS COLLEGE SIDEWALK EASEMENT II F, 400 °~ 0 400 Feet Prepared by: R0nald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589-4270 GRANT OF EASEMENT FOR PUBLIC SIDEWALK For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Loras College 1450 Alta Vista Street Dubuque, IA 52001 of Dubuque County; State of Iowa, for itself, its heirs and assigns, does hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity, from the date hereof, a right-of-way and easement through, under and across the following described real estate situated in Dubuque County, Iowa, to wit: A part of Lot 2 of the Subdivision of Mineral Lot 90 in the City of Dubuque, Dubuque County, Iowa Said easement shall be as shown on the attached Exhibit A, for the purpose of constructing and maintaining a public sidewalk by the Grantor, in accordance with the City of Dubuque Code of Ordinances and Requirements of the City of Dubuque Engineering Department. It is understood and agreed that the Grantor herein shall restore the disturbed area due to the construction. Grantor shall not change the grade, elevation, contour, or perform any construction or excavation that will interfere with the sidewalk so as to diminish the safety of said sidewalk, of any part of the Easement Area, without obtaining the prior written consent of the City Engineer. To have and to hold unto the said City of Dubuque, Iowa, in perpetuity, and the undersigned does hereby expressly covenant that the Grantor is the owner in fee of said real estate and has good right to execute this Grant of Easement. Dated at Dubuque, Iowa this ,,~2JA day of ~ ,2002. ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA COUNTY OF DUBUQUE On this R/?,~~/~ Notary Public to me personally known, OR __ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. k'~.,, ?~(t~-- ~8'r~(print/type name) Notary Public in and for State of Iowa day of ,~w~.,~--' , 2002, before me, the undersigned, a in and for said State, personally appeared (Title) CAPACITY CLAIMED BY SIGNER INDIVIDUAL /~ CORPORATE OFFICER(S) (CORP SEAL) AFFIXED NO SEAL PROCURED PARTNER(S) LIMITED GENERAL ATTORNEY-tN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: Name of Person(s) or Entity(les): L°rasTe \ x ~ ~ ~ 0N FEET) LORAS COLLEGE ACADEMIC RESOURCE CENTER WALK EASEMENT EXHIBIT 'A" INDEMNITY AGREEMENT In consideration for the granting of permission by the City of Dubuque, Iowa, to the undersigned for the use of the following described property: A part of Lot 2 of the Subdivision of Mineral Lot 90 in the City of Dubuque~ Dubuque County, Iowa for the following purpose only: A public sidewalk constructed, owned, and maintained by Loras College. on the following date(s): In perpetuity from the date of construction until the sidewalk is abandoned and relocated by Loras College. The undersigned agrees to indemnify and hold harmless the City of Dubuque, its agents, officers and employees from and against all claims for injury or damages to persons or property arising out of or caused by the use of such property. The undersigned further agrees upon receipt of notice from the City of Dubuque to defend at its own expense the City of Dubuque from any action or proceeding against the City of Dubuque arising out of or caused by the use of such property. A judgment obtained in any such action or proceeding is conclusive in any action by the City against the undersigned when so notified as to the existence of a defect or other cause of the injury or damage, as to the liability of the City to the plaintiff in the first named action, and as to the amount of the damage or injury. The City of Dubuque may maintain an action against the undersigned to recover the amount of the judgment together with ail the expenses incurred by the City in the suit. Dated this --?.$"~-day of ---~ ,2002. FOR LORAS COLLE¢-~ ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA COUNTY OF DUBUQUE undersigned, a Notary Public in and for said ~/to me personally known, OR evidence ., 2002, before me, the State, personally appeared proved to me on the basis of satisfactory to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. (NOTARY SEAL) (sign in ink) Notao, Public in and for State of Iowa CAPACITY CLAIMED BY SIGNER INDIVIDUAL ,;/¥' CORPORATE OFFICER(S) (Title) (CORP SEAL) AFFIXED NO SEAL PROCURED PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: Name of Person(s) or Entity(les): '