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):
'