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Utility Easement for Industrial Park Spec Building_Spiegel Family RealtyTHE CITY OF Dubuque DLTB E ~.~~~~~ r Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Utility Easement for Industrial Spec Building DATE: November 6, 2009 Economic Development Director Dave Heiar recommends City Council approval of an easement that would allow Alliant to extend electrical lines and install a transformer to provide electrical service to the Spec Building in the Dubuque Industrial Center West owned by Spiegel Family Realty. Because the City still has an interest in the land, the City needs to approve any easement. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van n MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director THE CTTY OF Dubuque u DUB E ~ E Masterpiece on the Mississippi ,~ 2007 TO: Michael Van Milligen, City Manager FROM: David J. Heiar, Economic Development Director SUBJECT: Utility Easement for Industrial Spec Building DATE: November 12, 2009 BACKGROUND In September, 2008 the City Council authorized the sale of land on contract to Spiegel Family Realty to allow for the construction of a 200,000 sq ft Industrial Spec Building in the DICW. Since that time an industrial concrete building has been constructed on the site. DISCUSSION The developer is now ready to bring electrical power to the building, and Alliant has requested a 10 foot wide utility easement around the building. A transformer would be located on the rear (south side) of the building. Generally, the City sells the property to the developer and the new owner would have authority to approve utility easements. In this case, the City partnered with the developer to provide an available shell building to our inventory of industrial assets. Because the City still has an interest in the land, the City and the developer both need to approve any easement. RECOMMENDATION To have the City Council approve the attached resolution to authorize the Mayor to sign the easement which would allow Alliant to extend electrical lines and install a transformer to provide electrical service to the Spec Building in the DICW. Attachment F:\USERS\Econ Dev\DIC1MUtility Easement -Spec Building\20091104 Utility Easement_Spec Building Council Memo.doc Prepared by: David J. Heiar, ED Director, 50 West 13`" Street, Dubuque IA 52001 563 589-4393 Return to: Jeanne Schneider, City Clerk, 50 West 13`" Street, Dubuque IA 52001 563 589-4121 RESOLUTION NO. 437-09 DISPOSING OF AN INTEREST IN REAL PROPERTY BY EASEMENT TO INTERSTATE POWER AND LIGHT COMPANY WHEREAS, the City of Dubuque, Iowa (City) has an interest in the real property located in the Dubuque Industrial Center West 5t" Addition shown on "Easement Exhibit A" attached hereto (the Property); and WHEREAS, City and Interstate Power and Light Company (Interstate) has requested the City will grant the- Utility Easement (the Easement) attached hereto on the Property to Interstate; and WHEREAS, on September 15, 2008, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in the Property and overruled all objections thereto; and WHEREAS, the City Council has since sold said property on contract to Spiegel Family Realty. 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 approves the disposition of the City's interest in the foregoing-described Property by Easement to Interstate Power and Light Company. Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Easement. Passed, approved and adopted this 16St day of November, 2009. ,'~ Roy ~ Buol, Mayor ~~ est: Jeanne F. Schneider, City Clerk F:\USERS\Econ Dev\DICW\20091029_Res Dispos Prop Easement Interstate.doc UTILITY EASEMENT . For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which Is hereby acknowledged, the City of Dubuque, Iowa ("Grantor"), ADDRESS: 50 West 13th Street, Dubuque, IA 52001 and Spiegel Family Realty Company Iowa, LLC ("Grantor"), ADDRESS: 8650 Enterprise Drive, Peosta, IA 52068 do hereby warrant and convey unto Interstate Power and Light Company, an Iowa Corporation, its successor and assigns, ("Grantee"), a 10-foot wide perpetual easement with the right, privilege and authority to construct, reconstruct, maintain, operate, repair and remove an underground electric line or lines, consisting of wires, transformers, switches. and other necessary fixtures and equipment, (including associated surface mounted equipment) for transmitting electricity pursuant to the provisions hereof, upon,- under, over and across the property of the Grantors as shown on Exhibit A attached hereto. Grantee shall not construct any above-ground line, wire, transformer, switch, or other fixture or equipment of any kind without the prior written consent of Grantors, such consent not to be unreasonable delayed or withheld. Grantors shall not construct or place any buildings, structures, plants, or other obstructions on the easement described above without the prior written consent of Grantee which consent shall not be unreasonably withheld. Grantors shall not, however, be prohibited from installing surface parking lots, sidewalks, recreational trails or other similar paved surfaces on the easement property described above. Notwithstanding the foregoing in no event shall any obstruction or installation interfere with or obstruct Grantees ability to access its line or lines or to perform its activities authorized under this agreement. Grantee shall not trim, cut down or remove any trees or other vegetation on said described land without the prior written consent of Grantors and subject to such reasonable conditions as Grantors may require. Grantee, its contractor or agent, may enter said premises for the purpose of making surveys and preliminary estimates immediately upon the execution of this easement. Grantors also grant to Grantee the right of ingress and egress to said line or lines, over/under lands now owned by the Grantors, for the purpose of constructing, reconstructing, maintaining, operating, repairing and removing said line or lines, or associated equipment upon prior written request to Grantors and upon such reasonable conditions as Grantors may require. Grantee agrees to restore the easement property and any other property of the Grantors utilized by Grantee hereunder, including but not limited to trees or other vegetation, fences, pavement or landscaping of the Grantors or its tenants, to the same condition as it was prior to such constructing, reconstructing, maintaining, operating, removing or repairing said line or lines. Dated this 16th day of November CITY OF DUBUQUE, IOWA av: ~~ Roy D~Buol, Mayor ATTEST: By• Jeanne F. Schneider, City Clerk, CMC STATE OF IOWA COUNTY OF DUBUQUE SS 2009 at Dubuque, Iowa. SPIEGEL FAMILY REALTY COMPANY IOWA, L i C By: A.J. Spiegel On this 16th day of November , 2009, before me a Notary Public in and for said County, personally appeared Roy D. Buol and Jeanne F. Schneider to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the freeynct and deed of said-Ma~cipal Corporation by it voluntarily executed. otary Public in ancf for Dubuque County, Iowa -~~~~_ ~. CO~rfRfiiSS10N Nq.183274 _F t~iY COlNR9/SS1pN F.~f~lRES 'O"'~' 2/14/11 STATE OF IOWA COUNTY OF DUBUQUE SS On this ~ day of /UO~p~r~- , 2009, before me a Notary Public in and for said County, personally appeared A.J. Spiegel to me personally known, who being duly sworn, did say that he is the Sole Member of Spiegel Family Realty Company Iowa, LLC, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument was signed and sealed on behalf of said Company, and who acknowledged said instrument to be the free act and deed of said Company by it voluntary executed. Notary Public in nd for Dubuque County, Iowa n+oM~--s ., K~ NofcNcl s.a1 - iowa Commiaaion N 71 `07 My Commlaaion Expltsia :i'~z~`~' F:IUSERS\Econ Dev\DICw120091102_Utility Easement Interstate Power.doc EXHIBITA Utility Easement across Lot 1-3 and Lot 2-3 NW CORNER LOT of Dubu ue Industrial Center West 5th 2-3 OF DUBUQUE q INDUSTRIAL CENTER Addition in the City of Dubuque, IOWA WEST 5TH ADDITION 10' WIDE UTILITY EASEMENT THIS EXHIBIT ~ _ CI_ \ _ _ I ~ ~ \2219 3p' <100' ROW) C`Hq V \ - ~ OF DUBUQUELOT 1-3 FNE~ \ , ~ INDUSTRIAL CENTER CENTERLINE OF ~ ~E Rpq~ \ _ WEST 5TH ADDITION S ~ 1 10' WIDE ~ ~\ C4p93 8. 4'3p., ~ UTILITY 90• ~~ ~ 6') 3 f Z ~ ~\ _ X21,36 ~ 10' WIDE UTILITY EASEMENT THIS ~ is EXHIBIT ~ ~ ~\ EASEMENT THIS EXHIBIT m / ~~ '~ 1 ~ ~ _\I312.Op.~ ~~ wl ~ 20' ` ` ~ ~1 "I EX~ST~NG B ~ 1 :, ~~ v~~D~NG ~ LET 2-3 ~ I 112'37'12' I I I 157.22'48' WIDEEUTIL T ~ EASEMENT I III l~s~ THIS EXHIBIT LOT 1-3 ~ "' •6) I ~ 20' ~ I ~~ I N F~• 266,0p, r .~ 90• I 10' WIDE UTILITY sr\ \ ~ ~ EASEMENT THIS EXHIBIT ~.~r f ~ \ D(JB ~ 38 20~ 76.42'34' ~ ~ .. UQ ~6~~°J `~ WESTjSDH T RjAL CE34 95 I _ ~~ ~ ADDjTIpNNTER W lo' I 0' 75' 150' ~242,5p') CENTERLINE OF I SCALE IN FEET CN 80.38. 54 ~ 2?6 72) C3q 22) 10' WIDE UTILITY v SCALES i' = 150' EASEMENT THIS I Curve DELTA Radius Arc Chord Chord Bearing EXHIBIT I C1 3'44'57" 3550,00' 232.30' 232.26' S 76'42'02" E \ ~ r\ ~ I Air ~ I PREPARED BY. ~ - ~ ~ CENTERLINE OF UTILITY `~~\ EASEMENT THIS EXHIBIT ~ ~ WEBER SURVEYING, LLC - - - ~ ~ ~ UTILITY EASEMENT LINE Syr ~ 26789 46TH AVE THIS EXHIBIT BERNARD, IA 52032 - - LOT LINE ~6 J\ I PHA C563) 879-4173 FAX. C563> 879-4199 ROW RIGHT OF WAY < ) RECORD DIMENSION ~ DATES 10/14/09 SHEET REV. 1 ^F 1 SCALE. 1'=150' NOTES 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR REAL ESTATE CGNTRACT HUYER~ SPIEGEL FAMILY REALTY COMPANY IOWA, LLC REAL ESTATE CONTRACT SELLERS CITY OF DUBUQUE, IOWA 3. EASEMENT REQUESTED BYE ALLIANT ENERGY 4. THIS PLAT IS SUBJECT TO RIGHT DF WAY AND EASEMENTS OF RECORD AND NOT OF RECORD.