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Alliant Ener Ease 16th & KerperMEMORANDUM April 16, 2003 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Grants of Easement - Alliant Energy (Interstate Power & Light Company), Lot 1 of Heartland Place & Lot 1-2-1 Byrnes Subdivision The City has received a request from AIliant Energy (Interstate Power & Light Company) to install electrical telecommunication lines on City-owned property, known as 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). Public Works Director Mike Koch recommends City Council approval of the two Grants of Easement requested by Alliant Energy (Interstate Power & Light Company). 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 CITY OF DUBUQUE, IOWA MEMORANDUM April 15, 2003 TO:Michael C. Van Milligen, City Manager FROM:Michael A. Koch, Public Works Director SUBJECT:Grants of Easement - Alliant Energy (Interstate Power & Light Company), Lot 1 of Heartland Place & Lot 1-2-1 Byrnes Subdivision INTRODUCTION A request has been received from Alliant Energy (Interstate Power & Light Company) for the installation of underground and overhead electrical telecommunication lines on two City-owned properties: Lot I of Heartland Place (lot located between 16th Street and Kerper Court behind the old Smithfield property), and Lot 1-2-1 Brynes Subdivision (the lot upon which Usha Park is located). BACKGROUND The first request located near 16th Street and Kerper Court would provide loop feed backup for Quebecor by utilizing the requested easement area. This project involves 317 feet of underground line and three new poles with spans of 160 and 170 feet that connects to an existing pole and wire system. Since the alignment of the improved waterway associated with improvements to the capacity of the Bee Branch storm sewer are uncertain, Alliant has agreed to relocate their poles if necessary to accommodate this improvement. The second project is to provide a loop feed backup for East Dubuque Savings Bank and Hempstead High School, along with the completion of a loop feed for the Glenwood Court area. RECOMMENDATION I recommend that the two Grants of Easement requested by Alliant Energy (Interstate Power & Light Company) for the use of City-owned properties, known as Lot 1 Heartland Place and Lot 1-2-1 Brynes Subdivision be approved. MAK:vjd Prepared by Jane Smith, Engineering Assistant MEMORANDUM March 31,2003 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Grants of Easement - Alliant Energy (Interstate Power & Light Company) Lot 1 of Heartland Place & Lot 1-2-I Byrnes Subdivision The City has received a request from Alliant Energy (Interstate Power & Light Company) to install underground electrical telecommunication lines on City-owned property, known as 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. Public Works Director Mike Koch recommends City Council approval of the two Grants of Easement requested by Alliant Energy. 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 CITY OF DUBUQUE, IOWA MEMORANDUM March 31, 2003 TO:Michael C. Van Milligen, City Manager FROM:Michael A. Koch, Public Works Director SUBJECT:Grants of Easement - Alliant Energy (Interstate Power & Light Company): Lot 1 Heartland Place & Lot 1-2-1 Byrnes Subdivision INTRODUCTION The purpose of this memorandum is to request approval of two Grants of Easement for Alliant Energy (Interstate Power & Light Company) for use of City-owned property, known as 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. DISCUSSION The City has received a request from Alliant Energy (Interstate Power & Light Company) to install underground electrical telecommunication lines at two locations. The first request located near 16~h Street and Kerper Court would provide Iccp feed backup for Quebecer by utilizing the requested easement area. This project involves 317 feet of underground line and three new poles with spans of 160 and 170 feet that connects to an existing pole and wire system. Since the alignment of the improved waterway associated with improvements to the capacity of the Bee Branch storm sewer are uncertain, Alliant has agreed to relocate their poles if necessary to accommodate this improvement. The second project is to provide a Ioop feed backup for East Dubuque Savings Bank and Hempstead High School, along with the completion of a Iccp feed for the Glenwood Court area. All documents have been submitted including two executed Grants of Easement, a Certificate of Insurance, and detailed drawings. Review and approval has been received from the Engineering Division, Leisure Services, and Corporation Counsel. RECOMMENDATION I recommend approval by the City Council of the two Grants of Easement requested by AIliant Energy (Interstate Power & Light Company). MAK/vjd Prepared by Jane Smith, Engineering Assistant RESOLUTION NO. DISPOSING OF AN INTEREST IN REAL PROPERTY BY EASEMENTS TO ALLIANT ENERGY (INTERSTATE POWER & LIGHT COMPANY) Whereas, the City of Dubuque, Iowa (City) is the owner of the following described real property: Lot 1 Heartland Place Lot 2-1-1 Byrnes Subdivision Whereas, Alliant Energy (Interstate Power & Light Company) now desires to obtain easements through, under and across a portion of said property for the purpose of constructing, using, maintaining, repairing and reconstructing an electrical telecommunications line(s) within such easement areas; and Whereas, the City Council finds that it is in the best interest of the City to approve the disposition of such real 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, approves the Grants of Easement attached hereto and the Mayor is hereby authorized and directed to sign this resolution and the Grants of Easement. Passed, approved and adopted this day of ,2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ALLIANT ENERGY. March 5, 2003 Interstate Power and Light Co. An Alliant Energy Company Corporate Headquarters Alliant Tower 200 First Street SE P.O. Box 351 Cedar Rapids, IA 52406-0351 Office: 319.398.441 www.alliantenergy.com Jane Smith City of Dubuque Engineering Division City Hall 50 West 13th Street Dubuque, la 52001-4864 Subject: Letter of Request for Installation Dear Ms. Smith, The purpose of the easement request is to provide electric service to Quebecor in the McGraw Hill building on Kerper Bird in the City of Dubuque. Due to the storm drain serving the North end of Dubuque at the 16th Street area, we need 4 spans of Overhead line to cross the drain area before going to Underground electrical line to Kerper Ct. The new circuit is required to serve Quebeoor due to the fact the existing circuit on Kerper Bird is loaded and unable to provide the added toad of the Quebecor expansion. Sincerely, Denise Wheatley Real Estate & Right of Way Representative 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 dght, 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 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. 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: ~J.'~- ~.~-o,.v,u~ t3?-ro.t,~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%~ ,2003, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~]~-.. ~'-~e_~,~.,--~. A,-. , to me personally known, who being by me duly sworn did say that the person is-the ,j.:P.C_u~.~¢ c~.o~'e~3 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 t~-ct G~_~t~-.t. A,.- 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~State FINAL PLAT KERPER INDUSTRIAL PARK THE CITY OF DUBUQUE. IOWA ALLIANT ENERGY March 12, 2003 Alliant Energy Corporation Alliant Tower 200 First Street SE R0. Box 351 Cedar Rapids, IA 52406-0351 Office: 1.800.822.4348 www. alliantenergy, com Jane Smith City of Dubuque Engineering Division City Hall 50 West 13th Street Dubuque, la 52001-4864 Subject: Letter of Request for Installation Dear Ms. Smith, The purpose of the easement request is to provide reliable electric service. By adding the new cable in the park area it will provide a more reliable back up feed for Hempsted High School, as well as the Glenwood subdivision. The reason for the replacement and addition of the cable is, the existing cable is about 30 years old and has a history of failure. Also, the existing cable is now fed from the Aurora St. circuit and has to cross a drainage area, which is subject to washout of our cable and causing outages. Sincerely, Denise Wheatley Real Estate & Right of Way Representative 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 dght, 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 dght 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 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, 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: 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 {heir 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 i~o.r~.~ ,2003, before me, the undersigned, a Notary Public in and for the State of iowa, personally appeared ~/~J-,~ ,~.~l'u3~., .~,,--, to me personally known, who being by me duly sworn did say that the person is the V. P- ~.L~r~.,' .~a~;,~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 I/',*~n ~,~J31~-.L._ ~\~- 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 DONOVANDR NW ARTERIAL NW Af-~TEIq AL RESOLUTION 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 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); 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 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) 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 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) by the issuance of easements to Ailiant 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 day of April (~. 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 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. 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.? 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 I'~o.¢e~ ,2003, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared t)~.~,~ c'-,~_l~t~,~-.t., _~,._ , to me personally known, who being by me duly sworn did say that the person is the u.~.ej.~,,,u¢ c~.;~,,'o,,3 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 t]~¢, ~N~-.t.. ~- 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~State ' , . 3,870 ACRES ( RPER COURT) k k~4/ · . FINAL PLAT o ,o~ KERPER INDUSTRIAL PARK THE CITY '~F 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 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, ali 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, ovedunder 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.';~, C,L~- O.~e~-~'~.~ 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 ,~'~' day of ~,~o~¢0.~ ,2003, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared t_/Arn ~,~-~l'u3~A .~,-- , to me personally known, who being by me duly sworn did say that the person is the V', (3_ p~,.~,~,r~j .t3f~l.~t, 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 !)',~r~ ~,eJ~k~-4.: ,\,- 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~{e