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DB & T Tunnel Easement AgreeMEMORANDUM October 14, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager 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. 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 MEMORANDUM October 13, 2003 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director¢¢~ Tunnel Easement Agreement - Dubuque Bank & Trust 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. 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. 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. I recommend that a public hearing be held to consider approving the request of Dubuque Bank & Trust to build a tunnel under Central Avenue. I further recommend that the Mayor be authorized to execute the Tunnel Easement Agreement for construction in the public right-of-way of Central Avenue, contingent upon the approval of the Iowa Department of Transportation. CC: Building Services Planning Services Iowa Department of Transportation Jane Smith, Engineering Prepared by: Jane Smith, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 406-03 DISPOSING OF AN INTEREST IN REAL PROPERTY BY EASEMENT TO DUBUQUE BANK & TRUST Whereas, the City of Dubuque, Iowa (City) is the owner of the following described real property: All of City Lot 449; all of City Lot 444; all of City Lot 444C, in the Southeast % of Section 24, Township 89 North, Range 2 East of the 51h P.M., in the City of Dubuque, Iowa, according to the recorded plats thereof, subject to easements and restrictions of record Whereas, Dubuque Bank & Trust now desires to obtain an easement through, under, and across a portion of said property for the purpose of constructing, using, maintaining, repairing and reconstructing an enclosed, underground passageway within such easement area, for passage between properties now owned by Dubuque Bank & Trust; and Whereas, on 20th day of October, 2003, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in real property and overruled all objections thereto; 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 Tunnel Easement Agreement attached hereto for the purchase price of one dollar ($1.00), plus platting, publication and filing fees and the Mayor is hereby authorized and directed to sign this resolution and the Tunnel Easement Agreement. Section 2. That the conveyance of said Tunnel Easement Agreement is contingent upon the approval of the Iowa Department of Transportation. Passed, approved and adopted this 20th day of October 2003. Te ance M. Duggan, or A SO anne F. Schneider, CMC, City Clerk 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"). 175 e"W11Ily 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 5" P.M., in the City ofDubuque, 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 hereby 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; Backfilling. The contemplated underground passageway/tunnel shall be constructed by Grantee at its cost, inconformity with 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/tunnel. 4. Grantor's Retained Rights. After completion of construction of the contemplated underground passageway/tunnel, the Grantee shall have the right 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 hidemnification 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 run 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. 10. 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 Sr day of QC, 6 <✓' , 2003. Page 2 of 3 CITY OF DUBUQUE, IOWA, GRANTOR a BANK z TRUST COMPANY, By �' �9 !/ Terrannce M. Dugg , Mayor Job Tt,4 President tk CEO Jeanne F. Schneider, Clerk Nelstdts Vice President/Cashier STATE OF IOWA ) ) ss: COUNTY OF DU13UQUE ) On this;�Z�day of Ok/t/ '2003, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Terrance 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 m esolution No.�G-4&passed (the Resolution adopted) by the City Council on the y day ok(', 2003 and that Terrance M. Duggan and Jeanne F. Schneider acknowledged the execution of the instrumeW ., o be their voluntary act and deed and the voluntary act and deed o e corpor it vol glc�cuted. I .OF'�+h14 Not Public in and for the a U�y State of Iowa STATE OF IOWA ss: grin 9� COUNTY OF DUBUQUE ) �0d). 0 On this Ist day of October 2003, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John K. Schmidt and Nelson P. Klavitte;to me personally known, who being by me duly sworn, did say that they are the President 6 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. Schmidt and Nelson P. Klavitter as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily execute . Notary Public in and for the Diann M. Guns State of Iowa G:\WPDOCS\DONNAB\Docs\DB&T City of Dubuque Tunnel Agreement. wpd DIANN M. GUN! COMMISSION NO. 14881 Page 3 of 3 MY COMMISSION EXPIRES PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, 'A DUBUQUE, IOWA PHONE: (563) 556-4389 "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. SCALE 1" = 40' 0' 2040' 80, LEGEND PROPERTY LINE — — — — — — EASEMENT LINE — CENTERLINE 1ZZZ U1,1ffYU!/!/////!lM1Z BUILDING SO BUILDING OVERHANG BC BUILDING CORNER ( ) RECORD DIMENSION P.O.B. POINT OF BEGINNING CUT')C°(FOUNO) MAG NAIL (FOUND) - 14TH ST. (LORAS BLVD.) N O O N 67°43'59" E 100.13' (100.13') I ' 777/DJllJA777 I 1 N1/5 3.00' {y rn CITY LOT 449 0 m 5143 sq. ft. D m m D0 { O y0 z N1/2 NM1/5 00 CITY LOT 449 �R 0 0 2572 sq. ft. N r Z nw D Z O -I S1/2 NMI/5 m < ` 20,00' CITY LOT 449 m m 2572 sq. ft. N z rn z V m 0 <DO z CITY LOT 449 N 67*30-00" E 12.14� z0 m ~ m u 5144 sq. ft. 32.00' p9g0 N 67°30'00" E 14 ZA i N 22"32'11"W "I,- I AI S 2E s°°q13►-31?00, P.O.B. 1 —7�S 22I 50'I" S 67°30'00"W S2/5 S 67 °30'00" W 9.92' CITY LOT 449 10291 sq. ft. 14.76' 00' O DETAIL O.BP 32.00' - - 32.00' D-SCALE OO 4; NOTES N 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. p CRY OF DUBUQUE. PROPRISURVEYED 3. ]. SURVEYED REQUESTED BY- DUBUQUE BANK B TRUSi, /� Q 13TH ST. I 4. TOTAL AREA OF EASEMENT .886 ACRES 43859E sq. Pt.). - - _ — 5. 'CITY LOTS' ARE ALSO REFERRED TO AS 'OUT LOTS'. 6. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. o — 8. IF THIS PLAT DOES NOT HAVE AN EMBOSSED SEAL AND — SURVEYOR'S SIGNATURE IN PURPLE INK , IT IS A COPY • AND MAY CONTAIN UNAUTHORIZED ALTERATIONS. .1.00, THE CERTIFICATION CONTAINED ON THIS PLAT SHALL NOT APPLY TO ANY COPIES. I HE EBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS HUE SING B ASSOCIATES J�S'")IIIILAND //1/, iq P RED ANDTHE RELATED SURVEY WORK WAS PERFORMED BY ME OR CONSULTING ENGINEERS �O .• •. .CG • °• UND MY DIRECT PE SONAL SUPERVISION AND THAT I AM A DULY S.°° P LIC NS LAN S R UNDER THE LAWS OF THE STATE OF IOWA. 1212 LOCUST STREET DUBUQUE, IOWA 52001 ° JOHN WHITE Z? u Zaat (563) 556-4389 = 5 9016 ? 1 HN L. WHITE C➢ATE) DRAWN BY. JCH CHECKED BY- JL > ICENSE NUMBER 4016 PLOT DATE. 6/9/03 -DWG. NO. 02196-01 SCALE; V = 40' ` M My NSE IS 31, ]?6 I)IIIIIOj IIIIPII� SHEETS COVERED BY THISESEgLDECEMBERSHEETS 2 SHEET 1 [IF 1 J f I•^j' 2922 2003 OCT 29 AM 11: 03 RATHY FLYNN THURLOW COUNTY RECORDER DUBUQUE CO., IOWA FEES Prepared by: Jane Smith, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 , _W/. RESOLUTION NO. 406-03 DISPOSING OF AN INTEREST IN REAL PROPERTY BY EASEMENT TO DUBUQUE BANK & TRUST Whereas, the City of Dubuque, Iowa (City) is the owner of the following described real property: All of City Lot 449; all of City Lot 444; all of City Lot 444C, in the Southeast Y< of Section 24, Township 89 North, Range 2 East of the 51h P.M., in the City of Dubuque, Iowa, according to the recorded plats thereof, subject to easements and restrictions of record Whereas, Dubuque Bank & Trust now desires to obtain an easement through, under, and across a portion of said property for the purpose of constructing, using, maintaining, repairing and reconstructing an enclosed, underground passageway within such easement area, for passage between properties now owned by Dubuque Bank & Trust; and Whereas, on 20th day of October, 2003, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in real property and overruled all objections thereto; 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 Tunnel Easement Agreement attached hereto for the purchase price of one dollar ($1.00), plus platting, publication and filing fees and the Mayor is hereby authorized and directed to sign this resolution and the Tunnel Easement Agreement. Section 2. That the conveyance of said Tunnel Easement Agreement is contingent upon the approval of the Iowa Department of Transportation. Passed, approved and adopted this 20th day of October 2003. Teyrance M. Duggan, # or A si �� anne F. Schneider, CMC, City Clerk � � 2 / 0 % - 5. 2 ©;) Wk§ \ \ ¢� ƒ 2§§ \� & /