Outdoor Warning System EasementMEMORANDUM
November 8, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT:
Outdoor Warning Siren Easement
Fire Chief Dan Brown is recommending City Council approval of an Easement
Agreement with Dubuque County to place the outdoor warning siren site east of the
Julien Care Facility. This site will serve the Bergfeld Recreation Area and will have
approximately a one mile service radius.
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
E. Daniel Brown, Fire Chief
CITY OF DUBUQUE, IOWA
MEMORANDUM
October 28, 2004
TO:
Michael C. Van Milligen, City Manager
FROM:
E. Daniel Brown, Fire Chief Z Dß
SUBJECT:
Outdoor Warning Siren Easement
Attached is a copy for an easement to place the outdoor warning siren site east of the
Julien Care Facility. This site will serve the Bergfeld Recreation Area and will have
approximately a one mile service radius. Dubuque County Board of Supervisors has
approved this easement and Board Chairperson Eric Manternach has signed it. This
easement was prepared by Ron Turner from the City Engineering office.
All the equipment is ready and installation will be done by Alliant Energy
I am requesting that this easement agreement with Dubuque County be presented to
the Mayor and City Council for approval.
RESOLUTION NUMBER-
BE IT RESOLVED that the Dubuque County Board of Supervisors approves and authorizes the
Chairperson to sign the Grant of Easement for Emergency Siren, Pole and Appurtenances with
the City of Dubuque.
Resolution adopted this 27th day of October 27,2004
Eric Manternach, Chairperson
Attest:
Denise M. Dolan, County Auditor
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA)
COUNTY OF DUBUQUE)
On this c:< 7 day of ðVrO~2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared Eric Manternach.
~ to me personally known, OR - proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies}, and that by his/her/their signature(s} on the
instrument the person(s} acted, executed the instrument.
è=i (Notary Seal)
~
~
fi?~4....S~ (sign in ink)
/77«1'-'<..;4""., -Sr?p.....w(printltypename}
Notary Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
- INDIVIDUAL
J CORPORATE OFFICER(S}
(CORP SEAL)
...x AFFIXED
NO SEAL PROCURED
Chairperson
(hIe)
PARTNER(S} - LIMITED - GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S}
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person(s} or Entity(ies}:
Dubuque Countv Board of Supervisors
GRAPHIC SCALE
1~_~0
(IN FEET)
1 INCH ; 160'
SIREN LOCATION
~ EASEMENT EXHIBIT
NORTH
320
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10' DIAMETER LOCATION DETAIL
: SIREN EASEMENT
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EXHIBIT A
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Prepared by: Ronald J. Turner City of Dubuque. 50 W. 13th St.. Dubuque. IA (563) 589-4270)
GRANT OF EASEMENT FOR EMERGENCY SIREN, POLE AND APPURTENANCES
For and in consideration of the sum of one dollar ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged.
Dubuque County/Julien Care Facility
13066 Seippel Road
Dubuque, Iowa 52002
Of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do
hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal
corporation, its agents and contractors, in perpetuity, from the date hereof, a right
of way and easement through, under and across the following described real
estate situated in Dubuque, Iowa, to wit:
Lot 2 of the Southwest Quarter of the Southwest Quarter, Section 30,
T89N, R2E, 5th P.M. in Dubuque County, Iowa
Said easement shall be intended for the construction of an emergency siren, pole
and appurtenances as shown on the attached Exhibit A, together with the right to
enter upon said property at any time for the purpose of construction,
maintenance or repair of said facility to be located within the above described
property.
It is understood and agreed that the grantee herein shall restore the disturbed
area due to the installation or repair of said emergency siren, pole and
appurtenances.
The City of Dubuque shall save, defend and hold harmless Grantor and its
successors in interest from and against any all claims arising out of the City's
negligence in constructing, maintaining and repairing the siren, pole and
appurtenances, provided Grantor shall give prompt written notice of any such
claim to the City Fire Chief.
Grantor shall not erect any structure over or within 5 feet of siren pole without
obtaining the prior written approval of the City Fire Chief.
Grantor shall not change the grade, elevation, contour, or perform any
construction or excavation that will diminish the lateral support of said pole, or
attach any sign or apparatus to the pole without obtaining the prior written
consent of the City Fire Chief.
To have and to hold unto the said City of Dubuque, Iowa, in perpetuity, and the
undersigned do hereby expressly covenant that they are the owners in fee of
said real estate and have good right to execute this agreement, and that the
grantee, its agents or contractors, shall at all times have free access to and
egress from and over said real estate to maintain, remodel or repair said
emergency siren, pole and appurtenances thereon or therein.
Dated at Dubuque, Iowa, this ~ day of () c.... T , 2004
~
Eric Manternach, Chair, Board of Supervisor