Tunnel Easement Agree DB & TMEMORANDUM
October 1, 2003
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Tunnel Easement Agreement - Dubuque Bank & Trust
The City has received a request from Sys-Tech Inc., the representative for Dubuque
Bank & Trust, to install a tunnel to connect the existing Dubuque Bank & Trust Main
Bank with the "Old Walsh Building" located at 1398 Central. The tunnel will provide
access for personnel, supplies and transport of secure documents between the two
buildings. This project must also receive approval from the Iowa Department of
Transportation (IDOT) since Central Avenue is also US52 and there is concurrent
jurisdiction over this highway between the City and IDOT.
Public Works Director Mike Koch recommends City Council approval of a Tunnel
Easement Agreement with Dubuque Bank & Trust Company for construction in the
public right-of-way of Central Avenue, and recommends that a public hearing be
scheduled for October 20, 2003.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic 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
October 1,2003
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, City Engineer )~/~/~
Tunnel Easement Agreement - Dubuque Bank & Trust
INTRODUCTION
The purpose of this memorandum is to respond to a request from Dubuque Bank
& Trust for a tunnel easement agreement to construct a tunnel within the public
right-of-way of Central Avenue.
DISCUSSION
The City has received a request from Sys-Tech Inc., the representative for
Dubuque Bank & Trust (DBT), to install a tunnel to connect the existing DBT
Main Bank with the "Old Walsh Building" located at 1398 Central. According to
the request, the tunnel will provide access for personnel, supplies and transport
secure documents between the two buildings. The project must also receive
approval from the Iowa Department of Transportation (IDOT) since Central
Avenue is also US52 and there is concurrent jurisdiction over this highway
between the City and IDOT.
The tunnel construction plans have reviewed and approved by Building Services
and the Planning Services Department. All documents have been submitted to
the City including an executed Tunnel Easement Agreement, Certificate of
Insurance and an approved drawing. The Tunnel Easement Agreement agrees
to indemnify and hold harmless the City of Dubuque, its agents, officers and
employees from and against all claims for injury or damages to persons or
property arising out of or caused by the use of such property.
The Corporation Counsel and the Engineering Division have both approved
these documents.
Construction of the tunnel will require that parking on both sides of Central
Avenue be removed and that traffic will be restricted to one lane during the
majority of the construction period.
RECOMMENDATION
I recommend approval of the request to build a tunnel by Dubuque Bank & Trust
and recommend approval of the attached Tunnel Easement Agreement for
construction in the public right-of-way of Central Avenue. I recommend this
matter to be set for public hearing on October 20, 2003.
ACTION TO BE TAKEN
The City Council is requested to approve the tunnel easement through adoption
of the enclosed resolution.
Prepared by Jane Smith, Engineering Assistant
cc: Building Services
Planning Services
Iowa Department of Transportation
RESOLUTION NO. 375-03
RESOLUTION OF INTENT TO DISPOSE OF A PORTION OF THE CITY'S
INTEREST UNDER A PORTION OF CENTRAL AVENUE BETWEEN '~3TM AND 14TM
STREETS IN THE CITY OF DUBUQUE
Whereas, Dubuque Bank & Trust desires to construct a tunnel between its two
building locations on the east and west side of Central Avenue between 13~h and t4th
Streets; and
Whereas, construction plans have been submitted to the City and have been
approved by the Building Services Department and the Planning Service Department;
and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that this
underground portion of Central Avenue is not required for public use, and the request
for a Tunnel Easement Agreement for construction of said tunnel 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, Iowa, intends to issue a Grant of
Easement for the construction of a tunnel under Central Avenue, between 13th and 14th
Streets; and
Section 2. That the conveyance of the Easement to Dubuque Bank & Trust be
contingent upon the payment of one dollar ($1.00), plus platting, publication, and filing
fees.
Section 3. That the conveyance of said easement also be contingent upon
Dubuque Bank & Trust's receipt of a construction permit from the Iowa Department of
Transportation.
Section 4. That the City of Dubuque reserves unto itself the perpetual right for
the purpose of erecting, installing, constructing, reconstructing, maintaining, owning,
operating and repairing sewer, drainage, gas, telephone, t.v. cable, and electric lines
above or below said tunnel as such utilities would not interfere with the existence of the
tunnel.
Section 5. That the City Clerk be and is hereby directed to cause a Notice of
intent to dispose of a portion of the City's interest in said real estate by a Tunnel
Easement Agreement for the construction of a tunnel, to be published in the manner as
described by law.
Passed, approved and adopted this 6th day of October, 2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE, iOWA PHONE: (563) 55~>4389
"EXHIBIT A"
EASEMENT PI_AT OF TUNNEL THRU CENTRAL AVENUE, BETWEEN
CITY LOTS 449,444C AND 444, LOCATED IN THE SE1/4, SECTION 24, T89N, R2E
OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA.
/ 14TH ST. (LORAS BLVD.)
I Nl/5 ~ rn
CITY LOT 449 .o m
N1/2 NM1/5 i
CITY LOT 449 o~ ~J 0 0
~ 2572 sq. ft. ~
~ 20.00' CITY LOT 449 m
0' 20' 40' 80' ~ / / ~, ~ l"- r- "n
~ ~
ri'i ,. 6144 sq. ft.
BC BUILDING CORNER ] CiTY LOT 449 14.76'
Dubuque Bank and Trust
Heartland Operations building project.
Terry Duggan, Mayor and
Dubuque City council Members
City of Dubuque
50 West I3~ Street
Dubuque, Ia. 52001
Sys-tech/Jack Henry Inc.
Owner Representatives
4/16/2003
Dear Mr. Duggan and Council Members,
Dubuque Bank and Trust is hereby requesting approval for the authorization of construction
on a public right-of-way. The construction will be an underground walkway connecting the
DBT Main Bank with the "Old Walsh Building" 1398 Central Ave.
~ssa~eway will provide access for personnel, supplies and secure documents to be
between the two buildings. We are presently working with BDC Structural .
~{~g, Buesing Civil Engineering, City of Dubuque engineering, Portzen eenstmcUon
~;~ey Associates, AIA to develop the design and coordinate the project with all
happy to answer any questmns that you or members of the council m~ght have.
to contact me at 913.645.50t5 or Nelson Klavitter, DB&T at 563.589,2158
Owner's Representative
Sys-Tech Inc. a Jack Henry & Associates Co.
2301 W. 81~ Street
Shawnee, Kansas 66227
913.422.3232
Prepared By: Brian J. Kane, 2100 Asbury Road, Suite 2, Dubuque, IA 52001 (563) 582-7980
TUNNEL EASEMENT AGREEMENT
This Tunnel Easement Agreement ("Agreement") is made and entered into this .~/> day of
September, 2003, by and between THE CITY OF DUBUQUE, IOWA, an Iowa municipal
corporation ("Grantor") and DUBUQUE BANK & TRUST COMPANY, an Iowa banking
corporation, of Dubuque, Iowa ("Grantee").
RECITALS
A. Grantor is the owner of, among other things, Central Avenue as depicted on Exhibit "A"
attached hereto and by this reference made a part hereof ("Parcel A"); and,
B. Grantee is the owner of, among other things, the following-described real estate, referred
to herein as "Parcel B":
All of City Lot 449; all of City Lot 444; all of City Lot 444C, in the Southeast 1/4 of
Section 24, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque,
Iowa, according to the recorded plats thereof, subject to easements and restrictions
of record,
C. Grantee desires to obtain an exclusive easement under Parcel A for the purpose of the
construction and maintenance of a tunnel to be used as an underground passageway by and between
the real estate parcels owned by Grantee which are together referred to herein as Parcel B, all as
depicted on Exhibit "A", and Grantor is amenable to granting such easement on the terms and
conditions provided for herein, which the parties desire to reduce to writing (the "Easement").
THEREFORE, for good and valuable and consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties agree upon the following mutual terms and conditions:
1. Grant of Easement and Acceptance. Grantor h~reby grants the Easement to Grantee and
Grantee hereby accepts the Easement from Grantor, all on the terms and conditions set forth herein.
2. Temporary Easement. Grantee and its contractors and agents and other agents shall have
a temporary construction easement 60 feet in width, centered on the easterly - westerly center line
of the Easement, during the period of construction of the contemplated underground
passageway/tunnel, which temporary easement shall include on and above Parcel A for such
construction purposes as contemplated herein.
Page 1 of 3
3. Grantor Approval of Plans and Specifications; Backfilline. The contemplated
underground passageway/tunnel shall be constructed by Grantee at its cost, in conformity ~vith plans
and specifications previously approved by Grantor. Such prior approval by Grantor of the plans and
specifications is and has been limited to a determination that such plans and specifications comply
with the City of Dubuque Building Code but does not constitute an approval of the design, structure
or otherwise, of the contemplated underground passageway/tuunel.
4. Grantors Retained Rights. After completion of construction of the contemplated
underground passageway/tmmel, the Grantee shall have the fight and obligation, at Grantee's
expense, to repave the surface above the Easement for use as a motor vehicle roadway according to
existing City street specifications. Further, Grantor reserves the perpetual right at Grantor's expense
to erect, install, construct, reconstruct, maintain, own, operate and repair sanitary sewers, storm
sewers, gas, telephone, television cable and electrical lines above and below Grantee's underground
passageway/tunnel in such a manner and location that such utilities will not interfere with Grantee's
construction, use, maintenance and repair of Grantee's underground passageway/tunnel.
5. Grantee Indemnification of Grantor. Grantee shall assume 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 underground passageway; without limiting the
foregoing statement, Grantee shall assume and pay on behalf of Grantor all sums which Grantor shall
become obligated to pay by reason of liability imposed upon Grantor for damages of any kind,
whether for injury to person or property, resulting from the location, installation, existence,
construction, maintenance or repair of such underground passageway, sustained by any person,
persons or other claimant, caused by accident or otherwise, and Grantee further shall defend Grantor
and hold Grantor harmless from all expense arising from or relating to any such claim, including,
without limitation, attorneys fees and other costs or expenses of investigation or defense.
6. Grantee Maintenance. Grantee shall maintain its underground passageway at its expense,
and, subject to Paragraph 4 hereof, Grantor shall have no responsibility for water leakage from the
surface of Central Avenue into the underground passageway.
7. Easement Binding on Successors. The permanent easement hereby granted by Grantor
and accepted by Grantee shall nm with the land, for the benefit of Parcel B owned by Grantee, and
for the benefit of Grantee, its licensees, successors, and assigns (including contractors) forever.
8. Costs. Grantee shall pay all necessary costs incident to platting of the easement,
publication of notices, and filing fees.
9. Insurance. Grantee shall provide insurance as set forth on the attached Insurance
Schedule attached hereto as Exhibit "B" and by this reference made a part hereof.
I0. State Law. This Agreement and the Easement shall be governed by and continued in
accordance with the laws of the State of Iowa.
Executed at Dubuque, Iowa, this ] ffday of ~ ,2003.
Page 2 of 3
CITY OF DUBUQUE, IOWA, GRANTOR I~tB,~__QUE BAN~ & TRUST COMPANY,
Te~ance M. Duggan, Mayor ~hn K. Scbmi~t Its President &]CEo
By:~--. Schneider, Clerk -NelsonN~L~t{e~~ By Its Vice President/Cashier
STATE OF IOWA )
) SSI
COUNTY OF DUBUQUE )
On this _ day of October ,2003, before me, the undersigned, a Notary Public in and for
the State of Iowa, personally appeared Terrace 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. passed (the
Resolution adopted) by the City Council on the day of ,2003 and that Terrance
M. Duggan and Jeanne F. Schneider acknowledged the execution of the instram~nt to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
Notary Pubhc in and for the
State of Iowa
On this 1st day of October , 2003, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared John K. $chmidt and
Nelson P. Klavitte~r to me personally known, who being by me duly sworn, did say that they are
the President & CEO and Vice President respectively, of the corporation executing the
within and foregoing instrument; that said instrument was signed on behalf of the corporation by
authority of its Board of Directors; and that John K. Schm-ldt and Nelson P. Klavitter
as officers acknowledged the execution of the foregoing instnnnent to be the voluntary act and deed
of the corporation, by it and by them voluntarily executed.~ .
Notary Public in and for the pla,,- M. Guns
State of Iowa
G:\WPDOCS~DONNAB~Docs~DB&T City of Dubuque Tunnel Agreement.wpd ] m,,¢~ [ DIANN M. GUNS
E.-II~, ,- [ COMMISSION NO. 148617
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'~l~~' I MY COMMISSION EXPIRES
Page 3 of 3 , -vo~, I ¢- ~7~Y- 07~9o ~,
PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE. IOWA PHONE: (563) 5564389
"EXHIBIT A"
EASEMENT PLAT OF TUNNEL THRU CENTRAL AVENUE, BETWEEN
CITY LOTS 449,444C AND 444, LOCATED IN THE SE1/4, SECTION 24, T89N, R2E
OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA.
14TH ST. (LORAS BLVD.) _
N B7°43'59" E 100.13' (100.13') I _ ~7777777777777Z
5143 sq. ff.
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N1/2 NM1/5 ~ --~ c~ a
CITY LOT 449 c~ O O
2572 sq. ff. ~ 7J c3
0' 20' 40' 80'
r-' ~ CITY LOT 449 12.14' ~. /
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