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