Heartland Pl disposal - AlliantRESOLUTION NO. 106-03
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST UNDER,
OVER, AND ACROSS A PORTION OF LOT 1 HEARTLAND PLACE AND LOT
1-2-1 BRYNES SUBDIVISION, DUBUQUE, IOWA, BY THE ISSUANCE OF
EASEMENTS TO ALLIANT ENERGY (INTERSTATE POWER & LIGHT
COMPANY)
Whereas, the Alliant Energy (Interstate Power & Light Company) requests
to install underground and overhead electrical telecommunications lines at two
locations: Lot 1 Heartland Place (lot located between 16~ Street and Kerper
Court behind the old Smithfield property); and Lot 1-2-1 Byrnes Subdivision
(which is the lot upon which Usha Park is located); and
Whereas, the requested easements have been submitted and approved
by the Engineering Division and the Leisure Services Department; and
Whereas, the City Council finds that the disposition of the City's interest
under, over, and across a portion of Lot 1 Heartland Place (lot located between
16th Street and Kerper Court behind the old Smithfield property) and Lot 1-2-1
Byrnes Subdivision (which is the lot upon which Usha Park is located) is in the
best interest of the City and that the request for the two easements should be
approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest
under, over, and across a portion of Lot 1 Heartland Place (lot located between
16t~ Street and Kerper Court behind the old Smithfield property) and Lot 1-2-1
Byrnes Subdivision (which is the lot upon which Usha Park is located) by the
issuance of easements to Alliant Energy (interstate Power & Light Company) for
electrical telecommunication lines in the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby directed to cause a
Notice of Intent of dispose of such interest in said property to be published in the
manner as described by law.
Passed, approved and adopted this 7th
F. Schneider, CMC, City Clerk
Prepared by: City of Dubuque, 50 W. 13th, Dubuque, IA 52001 (563) 589-4270
GRANT OF 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, 50
W. 13th, Dubuque, Iowa do(es) hereby warrant and convey unto Interstate Power &
Light Company, an Iowa Corporation, its successors and assigns, an easement with
the right, privilege and authority to construct, reconstruct, maintain, operate, repair,
patrol and remove an overhead/underground electrical and telecommunications line
or lines, consisting of wires, transformers, switches, poles, towers, crossarms,
insulator, guy wires, anchors, and other necessary fixtures and equipment, (including
associated surface mounted equipment) and construction for transmitting electricity
and telecommunications over and across the following described lands located in the
County of Dubuque, and the State of Iowa:
Lot 1 Heartland Place
Ten feet (10') in width on the easterly border of the described lots (the Easement
Area) as shown on the attached plat, for the purpose of constructing said electrical
and telecommunications system and maintaining an electrical and telecommunications
system, in the City of Dubuque, Iowa, therein.
Interstate Power & Light Company shall not erect any structure over or within the
Easement Area without obtaining the prior written approval of the City Engineer.
Interstate Power & Light Company shall not change the grade, elevation, or contour
of any part of the Easement Area without obtaining the prior written consent of the City
Engineer.
Interstate Power & Light Company hereby assumes any and all liability for damages
to persons or property, which may result from the existence, location, installation,
construction, design, maintenance, or repair of said electrical and telecommunication
lines and appurtenances.
Interstate Power & Light Company shall pay on behalf of the City of Dubuque, all
sums which the City shall become obligated to pay by reason of any liability imposed
upon the City of Dubuque for direct damages, other than consequential damages, to
the extent resulting from the location, installation, construction, reconstruction or
maintenance of said electrical and telecommunications lines and appurtenances
sustained by any person or persons, caused by accident or otherwise and shall
defend at its own expense said City against any claim arising out of the existence,
location, installation, construction, design, maintenance, or repair of said electrical and
telecommunication lines and appurtenances and pay reasonable attorney fees
incurred by the City therefore.
Interstate Power & Light Company agrees that it will not construct or place any
buildings, structures, plants, or other obstructions on the property described above
which would result in a violation of the minimum clearance requirements of the
National Electric Safety Code or would interfere with the operation and maintenance of
the said lot.
The City of Dubuque also grants to Interstate Power & Light Company the right and
privilege to trim, cut down or control the growth of trees or other vegetation on said
described land and such other trees and vegetation adjacent thereto as in the
judgment of Interstate Power & Light Company may interfere with the construction,
reconstruction, maintenance, operation, repair, use of, or which in falling might touch
the said line or lines, or associated equipment.
Interstate Power & Light Company, its contractor or agent, may enter said premises
for the purpose of making surveys and preliminary estimates immediately upon the
execution of this easement.
The City of Dubuque also grants to Interstate Power & Light Companythe right of
ingress and egress to said line or lines, over/under lands now owned by the City of
Dubuque, for the purpose of construction, reconstructing, maintaining, operating,
patrolling, repairing and removing said line or lines, or associated equipment and
Interstate Power & Light Company agrees to pay to the City of Dubuque or its
tenants all damages done to the lands and shall restore the disturbed area.
Interstate Power & Light Company acknowledges that the Drainage Basin Master
Plan (Fall 2001) adopted by the Dubuque City Council in December of 2001
recommends the construction of an open waterway from the 16th Street detention
basin to the intersection of Garfield and Pine. The alignment of the proposed 150-foot
wide, open channel corridor has yet to be determined. An alignment study will
determine the impacted properties and identify conflicts with existing utilities.
Interstate Power & Light Company reserves the right to relocate said electrical and
telecommunications system within easement area at Interstate Power & Light
Company expense.
Whenever the City of Dubuque shall pave or repave any street or shall change the
grade line of any street or public place or shall construct or reconstruction any conduit,
water main service or water connection, sewer or other municipal public works or
utility. Interstate Power & Light Company, when so ordered by the City of Dubuque,
will relocate its service lines and other property in the streets or other public places at
its own expense so as to conform to the established grade or line of such street or
public place and so as not to interfere with the conduits, sewers and other mains so
constructed or reconstructed. The City of Dubuque may require Interstate Power &
Light Company to relocate it poles, service lines and appurtenances within the
Easement Area at Interstate Power & Light Company expense.
The City of Dubuque, Iowa, does hereby expressly warrant and represent that it is the
owner in fee of said real estate and has obtained all appropriate approvals and
consents necessary to execute this agreement.
Executed at Dubuque, Iowa this
City of Dubuque, Iowa
By:
Title: Terrence M. Duggan, Mayor
By:
Title: Jeanne F. Schneider, Clerk
.day of ,2003.
Interstate Power & Light Company
Title: V.P- 0.~,¢¢,¢~ c).=~-~.~-~c¢~5
STATE OF IOWA )
)SS:
DUBUQUE )
On this day of ,2003, before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared Terrence M. Duggan
and Jeanne F. Schneider to me personally known, and who, being by me duly sworn,
did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque,
Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and that the instrument was signed and sealed on behalf of the
corporation, by authority of its City Council, as contained in Resolution No.
adopted by the City Council on the day of ,2003, and that
Terrence M. Duggan and Jeanne F. Schneider acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
Notary Public in and for said State
STATE OF IOWA )
)SS:
DUBUQUE )
On this ~'~' day of t'~oceJ~ ,2003, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared
\]~-,~ d'--~_~o.,-.~: &,.. , to me personally known, who being by me duly sworn did say
that the person is the U.~P.O.~¢ O.~e. reJ.'~n~ of Interstate Power & Light Company,
an Iowa Corporation executing the foregoing instrument, that the instrument was
signed on behalf of the corporation as , an Iowa Corporation, by
authority of the corporation's Board of Directors, and that d~cct G,~_lr~o. rJ,. &," as
that officer acknowledged execution of the instrument to be the voluntary act and deed
of the corporation by it and by the officer voluntarily executed.
Notary Public in and for said~tate
'
' L16,
FINAL PLAT
KERPER INDUSTRIAL PARK
IN THE CITY'OF DUBUQUE, IOWA
Prepared by: City of Dubuque, 50 W. 13th, Dubuque, IA 52001 (563) 589-4270
GRANT OF 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, 50
W. 13th, Dubuque, Iowa do(es) hereby warrant and convey unto Interstate Power &
Light Company, an Iowa Corporation, its successors and assigns, an easement with
the right, privilege and authority to construct, reconstruct, maintain, operate, repair,
patrol and remove an underground electrical and telecommunications line or lines,
consisting of wires, transformers, switches, insulator, guy wires, anchors, and other
necessary fixtures and equipment, (including associated surface mounted equipment)
and construction for transmitting electricity, communications and all Corporate
purposes together with the authority to grant to any other party the right to use, jointly,
with the Interstate Power & Light Company, pursuant to the provision hereof, upon,
under, over and across the following described lands located in the County of
Dubuque, and the State of Iowa:
Lot 1-2-1 Byrnes Sub
Ten feet (10') in width on the easterly border of the described lots (the Easement
Area) as shown on the attached plat, for the purpose of constructing and maintaining
an electrical and telecommunications system, in the City of Dubuque, Iowa, therein.
Interstate Power & Light Company shall not erect any structure over or within the
Easement Area without obtaining the prior written approval of the City Engineer.
Interstate Power & Light Company shall not change the grade, elevation, or contour
of any part of the Easement Area without obtaining the pdor written consent of the City
Engineer.
Interstate Power & Light Company hereby assumes any and all liability for damages
to persons or property, which may result from the existence, location, installation,
construction, design, maintenance, or repair of said electrical and telecommunication
lines and appurtenances.
Interstate Power & Light Company shall pay on behalf of the City of Dubuque, all
sums which the City shall become obligated to pay by reason of any liability imposed
upon the City of Dubuque for direct damages, other than consequential damages, to
the extent resulting from the location, installation, construction, reconstruction or
maintenance of said electrical and telecommunications lines and appurtenances
sustained by any person or persons, and shall defend at its own expense said City
against any claim arising out of the installation, construction, design, maintenance, or
repair of said electrical and telecommunication lines and pay reasonable attorney fees
incurred by the City therefore.
Interstate Power & Light Company agrees that it will not construct or place any
buildings, structures, plants, or other obstructions on the property described above
which would result in a violation of the minimum clearance requirements of the
National Electric Safety Code or would interfere with the operation and maintenance of
the said lot.
The City of Dubuque also grants to Interstate Power & Light Company the right
and privilege to trim, cut down or control the growth of trees or other vegetation on
said described land and such other trees and vegetation adjacent thereto as in the
judgment of Interstate Power & Light Company may interfere with the construction,
reconstruction, maintenance, operation, repair, use of, or which in falling might touch
the said line or lines, or associated equipment.
Interstate Power & Light Company, its contractor or agent, may enter said premises
for the purpose of making surveys and preliminary estimates immediately upon the
execution of this easement.
The City of Dubuque also grants to Interstate Power & Light Company the right of
ingress and egress to said line or lines, over/under lands now owned by the City of
Dubuque, for the purpose of construction, reconstructing, maintaining, operating,
patrolling, repairing and removing said line or lines, or associated equipment and
Interstate Power & Light Company agrees to pay to the City of Dubuque or its
tenants all damages done to the lands and shall restore the disturbed area.
Whenever the City of Dubuque shall pave or repave any street or shall change the
grade line of any street or public place or shall construct or reconstruction any conduit,
water main service or water connection, sewer or other municipal public works or
utility. Interstate Power & Light Company, when so ordered by the City of Dubuque
will relocate its service lines and other property in the streets or other public places at
its own expense so as to conform to the established grade or line of such street or
public place and so as not to interfere with the conduits, sewers and other mains so
constructed or reconstructed. The City of Dubuque may require Interstate Power &
Light Company to relocate it poles, service lines and appurtenances within the
Easement Area at Interstate Power & Light Company expense.
The City of Dubuque, Iowa, does hereby expressly warrant and represent that it is
owner in fee of said real estate and has obtained all appropriate approvals and
consent necessary to execute this agreement.
Executed at Dubuque, Iowa this
day of ,2003.
City of Dubuque, Iowa
By:
Title: Terrence M. Duggan, Mayor
Interstate Power & Light Company
Title: ~1 .'~.
By:
Title: Jeanne F. Schneider, Clerk
STATE OF IOWA )
)SS:
DUBUQUE
On this day of ., 2003, before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared Terrence M. Duggan
and Jeanne F. Schneider to me personally known, and who, being by me duly sworn,
did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque,
Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and that the instrument was signed and sealed on behalf of the
corporation, by authority of its City Council, as contained in Resolution No.
adopted by the City Council on the day of ,2003, and that
Terrence M. Duggan and Jeanne F. Schneider acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
Notary Public in and for said State
STATE OF IOWA )
)SS:
DUBUQUE )
On this ~14. day of ~,~o.r'0_.A ,2003, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared
~./~_r~ ~¢_~J~3~r-J., 3¢- , to me personally known, who being by me duly sworn did say
that the person is the V, ~o. p~ ,.~4~,-.~,'~upf Interstate Power & Light Company,
an Iowa Corporation executing the foregoing instrument, that the instrument was
signed on behalf of the corporation as , an Iowa Corporation, by
authority of the corporation's Board of Directors, and that I_/#~ ~,~,J3k~r-I[-: Ar- as
that officer acknowledged execution of the instrument to be the voluntary act and deed
of the corporation by it and by the officer voluntarily executed.
Notary Public in and for said St~t"e