TLC Properties Acceptance of Grant of Easements (Lamar Advertising)THE CTTY OF Dubuque
DUB E ~~
t
Masterpiece an the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: TLC Properties, Inc. (d/b/a Lamar Advertising)
Acceptance of Grant of Easement for Sidewalk, Underground Electric,
Fiber Optic Cable, Traffic Signals & Other Appurtenances
DATE: February 10, 2009
In order to reconstruct the traffic signals at the intersection of 16th and Elm Streets, the
City acquired an easement area from TLC Properties, Inc. (d/b/a Lamar Advertising) for
sidewalk, underground electric, fiber optic cable, traffic signals, etc. City Engineer Gus
Psihoyos recommends City Council acceptance of the Grant of Easement from TLC
Properties, Inc.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Ci
Mi hael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF Dubuque
DT T~ ~ AIFAmerricaCBy
~J ~ I
Masterpiece on the Mississippi
,~
2007
TO: Michael C. Van Milligen, City Manage
FROM: Gus Psihoyos, City Engineer
DATE: February 9, 2009
SUBJECT: TLC Properties, Inc. (dba Lamar Advertising)
Acceptance of Grant of Easement for Sidewalk, Underground Electric,
Fiber Optic Cable, Traffic Signals & Other Appurtenances
INTRODUCTION
The purpose of this memorandum is to present a resolution accepting the Grant of
Easement for Sidewalk, Underground Electric, Fiber Optic Cable, Traffic Signals and
Other Appurtenances at the northeast corner of the intersection at 16th and Elm Streets.
DISCUSSION
In order to reconstruct the traffic signals at the intersection of 16th and Elm Streets, the
City acquired an easement area from TLC Properties, Inc. (dba Lamar Advertising) for
sidewalk, underground electric, fiber optic cable, traffic signals, etc.
RECOMMENDATION
I recommend that the City accept the Grant of Easement for Sidewalk, Underground
Electric, Fiber Optic Cable, Traffic Signals and Other Appurtenances from TLC
Properties, Inc. (dba Lamar Advertising).
ACTION TO BE TAKEN
I respectfully request that the City Council adopt the attached resolution accepting the
Grant of Easement for Sidewalk, Underground Electric, Fiber Optic Cable, Traffic
Signals and Other Appurtenances from TLC Properties, Inc. (dba Lamar Advertising).
Prepared by Ronald J. Turner, PLS
RESOLUTION NO. 55-09
A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR
SIDEWALK, UNDERGROUND ELECTRIC, FIBER OPTIC CABLE, TRAFFIC
SIGNALS AND OTHER APPURTENANCES THROUGH, UNDER AND ACROSS
PART OF LOT 181 IN EAST DUBUQUE, AN ADDITION TO THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, TLC Properties, Inc. (dba Lamar Advertising) has executed an
Easement for Sidewalk, Underground Electric, Fiber Optic Cable, Traffic Signals &
Other Appurtenances through, under, and across part of Lot 181 in East Dubuque, an
Addition to the City of Dubuque, Dubuque County, Iowa.
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 Grant of Easement for Sidewalk, Underground Electric,
Fiber Optic Cable, Traffic Signals & Other Appurtenances through, under, and across
part of Lot 181 in East Dubuque, an Addition to the City of Dubuque, Dubuque County,
Iowa from TLC Properties, Inc. (dba Lamar Advertising) a copy of which is attached
hereto.
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 adotped this 16th day of February, 2009.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
(Page 1 of 3)
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gecorded; 11%14/2008~atTi2e84~54 PM
Fee Amt: $17.00 page 3 of 3
KathyuFlynnnThurlowr Recorder
F11e2008-00016015
Preoared bv: Ronald J. Turner Citv of Dubuque 50 W 13~' Street Dubuque Iowa 52001 (563)589-4270
Retum to: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR SIDEWALK, UNDERGROUND ELECTRIC, FIBER OPTIC
CABLE, TRAFFIC SIGNALS ~ OTHER APPURTENANCES
For and in consideration of the sum of One and 00!100 Dollar ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
TLC Properties, Inc,
d/b/a Lamar Advertising
1690 Elm Street
Dubuque,lA 52001
of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell
and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and
contractors, from the date hereof, aright-of-way and easement through, under and across the
following described real estate situated in Dubuque, Iowa, to wit:
A part of Lot 181 in East Dubuque, an Addition to the City of Dubuque, Dubuque County,
Iowa, as shown on Exhibit A attached hereto and by reference made a part hereof.
Said easement shall be as shown on the attached Exhibit A for the purpose of constructing and
maintaining sidewalk, underground electric, fiber optic cable, traffic signals and other
appurtenances in accordance with the Plans and Specifications approved by the office of the City
Engineer, along with the right, privilege and authority to construct, reconstruct, maintain, operate,
repair, patrol and remove said improvements.
It is understood and agreed that the Grantee herein shall restore the disturbed area due to the
construction, maintenance or repair of said sidewalk, underground electric, fiber optic cable,
traffic signals and other appurtenances. Grantor shall not erect any structure over or within the
easement area without obtaining the prior written approval of the City Engineer.
Grantor shall not change the grade, elevation, and contour or perform any construction or
excavation that will diminish the lateral support or integrity of said improvements without obtaining
the prior written consent of the City Engineer. Grantor shall be responsible for snow removal of
the sidewalk area.
To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby
expressly covenant that they are the owners in fee of said real estate and have good right to
execute this agreement, and that the Grantee, its agents or contractors, shall at all times have
free access to and egress from and over said real estate to maintain or repair said storm sewer
thereon or therein.
Ci~ 2t~g~ nee ice' '~ rl~
File#:200800016015
(Page 2 of 3)
~~ ~ `~
D tern c~ at ~U$ l.~iC~ ~A' C31A this ~~,~ day of
~IDYQMAf/~ , 2008.
TLC P p i s,
A Lo si o ti
By:
am Schumacher
resident
STATE OF )
COUNTY OF j~, ~~ ~,`
On this .32.~~day of /i~7W~~.yac2008, before me, the undersigned, a Notary Public
in and for said State, personally appeared James Schumacher
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(ies), and that by his/her/their
signature(s) on the instrument the person(s) acted, ~~ ~~ec//u~~ted the instrument.
(Notary Seal) G;~,rt~~ ign in ink)
/v~'TjFt.G~iU L• ~ (print/type name)
Notary Public in and far State of Iowa ,,~,~ ,
:_ k::. ~wiia~ .,.
w~
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CAPACITY CLAIMED BY SIGNER +",.• ~~;.. .9
INDIVIDUAL t ~F4,,~} ~. ;,
X CORPORATE OFFICERS} Vice President (Title) .,,~ ~~' l,~ ; +~ ~ _
(CORP SEAL) ~" ,~,~~> +;,. ~-~ 3 ,~~ •. w;
_ AFFIXED `•.4,.':~~'~~" =.} ~.'~~ ,
LC NO SEAL PROCURED ~ '~ ~ ~ ~~. ~ " "' ~' ~ .:
_ PARTNER(S) _ LIMITED X GENERAL ' a,.. ;: ,
ATTORNEY-IN-FACT
_ TRUSTEE(S)
_ GUARDIAN/CONSERVATOR
_ OTHER
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies):
TLC PROPERTIES. INC.
d/b/a Lamar Advertising
File#:200800016015
(Page 3 of 3)
~b~~oF Exhibit A {Lamar Advertising) ~
LUB E Grant of Easement for Sidewalk, Underground Electric, (~'~~r
Maslerpiecr on the Misatsstppi Fiber Optic Cable, Traffic Signals & Other Appurtenances ~,
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File#:200800016015