Shot Tower Draft Preservation Easement
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MEMORANDUM
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June 13, 2005
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TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Draft Preservation Easement for Dubuque Shot Tower
The City of Dubuque has received a $295,000 Save America's Treasures grant from the
National Park Service (NPS) for the Dubuque Shot Tower Project. Federal law requires
that the City agree to assume, after completion of the project, the total cost of continued
maintenance, repair and administration of the Shot Tower in a manner acceptable to the
NPS. This grant requires that the City grant a preservation easement to the State
Historic Preservation Officer or to a non-profit preservation organization acceptable to
the NPS.
Planning Services Manager Laura Carstens recommends City Council approval of a
draft preservation easement, which is required to be submitted to the NPS for review
and comment by June 30, 2005. Any revisions by the NPS must be incorporated into
the easement prior to final release of grant funds and to recording.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mithael C. Van Milligen -
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
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MEMORANDUM
June 10, 2005
RE:
Michael Van Milligen, City Manager
Laura Carstens, Planning Services Manager ~
Draft Preservation Easement for Dubuque Shot Tower
TO:
FROM:
This memo transmits a draft conservation easement agreement for preservation of the
Dubuque Shot Tower for City Council review and approval.
The City of Dubuque has received a $295,000 Save America's Treasures (SAT) grant
from the National Park Service (NPS) for the Dubuque Shot Tower Project. The
purpose of the SAT grant program is to preserve highly significant historic properties for
future generations. Federal law requires that the City agree to assume, after completion
of the project, the total cost of continued maintenance, repair and administration of the
Shot Tower in a manner acceptable to the NPS.
The SAT grant agreement requires that the City grant a preservation easement to the
State Historic Preservation Officer or to a non-profit preservation organization
acceptable to the NPS. The term of the easement must run at least 50 years from the
end date of the grant agreement (November 30, 2006).
The enclosed draft preservation easement was prepared by Iowa Assistant Attorney
General Mike Smith with input from Assistant City Attorney Tim O'Brien and me. The
proposed term of the easement is fifty (50) years. The easement would be granted to
the State Historical Society of Iowa.
The SAT grant agreement requires the City to submit a draft preservation easement to
the NPS for review and comment by June 30, 2005. Any revisions by the NPS must be
incorporated into the easement prior to final release of grant funds and to recording.
I recommend that the City Council review and approve the enclosed draft preservation
easement at their June 20, 2005 meeting, and then authorize Planning Services staff to
send the easement to the NPS for review prior to the June 30,2005 deadline.
Enclosure
cc Tim O'Brien, Assistant City Attorney
Preparer: Michael H. Smith, Assistant Attorney General, PH: 515-281-5263; FAX 515-242-6072
IOWA DEPARTMENT OF JUSTICE, Lucas Building, Room 018, Des Moines, IA 50319
CONSERVATION EASEMENT AGREEMENT
FOR PRESERVATION OF THE DUBUQUE SHOT TOWER
INTRODUCTION. This conservation easement agreement is made between The
City of Dubuque, Iowa, an Iowa municipality ["City"], as GRANTOR of a conservation
easement, and the Historical Division of the Iowa Department of Cultural Affairs
("Historical Division"), as GRANTEE of the conservation easement. This conservation
easement agreement is entered under Iowa Code chapter 457 A for the purpose of
preserving the Dubuque Shot Tower, a building that is important culturally, historically,
and architecturally.
1. The Subiect Property. This agreement creates a conservation easement in real
estate legally described as: Commencing at a point of reference at the northeasterly
corner of Lot C of Riverwalk 5th Addition, in the City of Dubuque, Dubuque County Iowa;
Thence N 550 14' 01" W 73.88 feet along the northerly line of said Lot C to a point of
intersection with the northwesterly right of way line of E. 4th Street, (this is an assumed
bearing for this description only);
Thence N 57 047' 10-" E 185.78' to a point also being 59.46 feet in perpendicular
distance form the centerline of the existing Canadian National Railway at a point 163.4
feet westerly of the west abutment of Tower Drive, said point being the point of
beginning;
Thence N 540 SO' 45" W 28.21 feet;
Thence N 340 19' 55" E 31.66 feet;
Thence S 54 0 38' 55" E 31.52 feet; to a point of curvature;
Thence 46.17 feet along a 15.96 feet radius curve concave westerly (chord S400 19' 40"
W 31.67 feet) to the point of beginning, containing 1280 square feet, more or less, and
subject to easements of record, and not of record. The above-described Subject
Property is the site of the Dubuque Shot Tower, located at the eastern terminus of
Commercial Street in Dubuque, Iowa.
1. Grant of conservation easement. In consideration of the sum of $295,000.00
received in financial assistance from the National Park Service of the United States
Department of the Interior, City hereby grants to the Historical Division a conservation
easement in the Subject Property for the purpose of assuring preservation of the
Dubuque Shot Tower [hereinafter: "the Building"].
3. Easement required for federal arant. This conservation easement is granted
as a condition of the eligibility of City for the financial assistance from the National Park
Service of the United States Department of the Interior appropriated from the Historic
Preservation Fund for the Save America's Treasures Grant Program by Public Law 106-
113.
4. Conditions of easement:
a. Duration. This conservation easement is granted for a period of fifty (50) years
commencing on the date when it is filed with the Dubuque County Recorder.
b. Documentation of condition of the Building at time of grant of this easement. In
order to make more certain the full extent of City's obligations and the restrictions on the
Subject Property, and in order to document the nature and condition of the Building,
including significant interior elements in spatial context, a list of character-defining
materials, features and spaces is incorporated as Exhibit "A" at the end of this
agreement. City has provided to the Historical Division architectural drawings including
floor plans, elevations and a site plan. To complement Exhibit "A", Historical Division
personnel have compiled a photographic record, including photographer's affidavit,
black and white photographs and negatives, color digital prints, photograph logs, and a
keyed location map. City agrees that the nature and condition of the Building on the
date of execution of this easement is accurately documented by the architectural
drawings and photographic record, which shall be maintained for the life of this
easement in the Historical Division's conservation easement file for the Building.
c. Restrictions on activities that would affect historically significant components of
the Building. City agrees that no construction, alteration, or remodeling or any other
activity shall be undertaken or permitted to be undertaken on the Subject Property
which would affect historically significant interior spaces and features identified in
Exhibit "A", exterior construction materials, architectural details, form, fenestration,
height of the Building, or adversely affect its structural soundness without prior written
permission of the Historical Division affirming that such reconstruction, repair,
repainting, refinishing, rehabilitation, preservation, or restoration will meet The Secretary
of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings (hereinafter referred to as the "Standards").
d. Duty to maintain the Building. City agrees at all times to maintain the Building in
a good and sound state of repair and to maintain the Subject Property, including the
Building, according to the Standards so as to prevent deterioration and preserve the
architectural and historical integrity of the Building in ways that protect and enhance
those qualities that make the Building eligible for listing in the National Register of
Historic Places.
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e. Public access. City agrees to provide public access to view the grant-assisted
work or features no less than twelve (12) days a year on an equitably spaced basis. At
the option of City, the relevant portions of the Building may also be open at other times
by appointment, in addition to the scheduled twelve (12) days a year. Nothing in this
agreement will prohibit a reasonably nondiscriminatory admission fee, comparable to
fees charged at similar facilities in the area.
f. Right to inspect. City agrees that the Historical Division, its, employees, agents
and designees shall have the right to inspect the Building at all reasonable times, with
twenty-four hours written notice, in order to ascertain whether the conditions of this
easement agreement are being observed.
g. Anti-discrimination. City agrees to comply with Title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000 (d), the Americans with Disabilities Act (42 U.S.C. 12204), and
with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). These laws prohibit
discrimination on the basis of race, religion, national origin, or disability. In
implementing public access, reasonable accommodation to qualified disabled persons
shall be made in consultation with the Historical Division.
h. Transfer of easement by the Historical Division. The Historical Division may, in its
discretion, transfer all or part of its rights and responsibilities contained in this easement
to a third party that is authorized by Iowa Code chapter 457 A to hold conservation
easements. Before any such transfer, the Historical Division shall obtain from the
National Park Service written authorization that the proposed transfer would not violate
a condition of the grant agreement with the City. Reasonable advance written notice of
any such transfer shall be provided to the City and shall include the reasons for the
proposed transfer.
i. Easement shall run with the land; conditions on conveyance. This conservation
easement shall run with the land and be binding on City, its successors and assigns.
City agrees to insert an appropriate reference to this easement agreement in any deed
or other legal instrument by which it divests itself of either the fee simple title or other
lesser estate in the Building, the Subject Property, or any part thereof. Reasonable
advance written notice of any such divestiture shall be provided to the Historical Division
and shall include the reasons for the proposed divestiture.
j. Casualty Damage or Destruction. In the event that the Building or any part of it
shall be damaged or destroyed by fire, flood, windstorm, earth movement, or other
casualty, City shall notify the Historical Division in writing (within fourteen 14) days of
the damage or destruction, such notification including what, if any, emergency work has
already been completed. No repairs or reconstruction of any type, other than temporary
emergency work to prevent further damage to the Building and to protect public safety,
shall be undertaken by City without the Historical Division's prior written approval
indicating that the proposed work will meet the Standards. The Historical Division shall
give its written approval, if any, of any proposed work within sixty (60) days of receiving
the request from City. If, after reviewing a written report prepared by a qualified
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preservation architect who are acceptable to both parties, they agree that the
restoration/reconstruction of the property is impractical or impossible or agree that the
purpose of this easement would not be served by such restoration/reconstruction, City
may, with the prior written approval of the Historical Division, alter, demolish, remove, or
raze one or more elements of the Building, or the Building itself, and/or construct new
improvements on the Subject Property. The Historical Division shall give its written
approval, if any, within sixty (60) days of receiving City's request for approval. The
parties may also agree to extinguish this easement in whole or in part in accordance
with the laws of the State of Iowa.
k. Enforcement. The Historical Division shall have the right to prevent and correct
violations of the terms of this easement. If the Historical Division, upon inspection of the
property, finds what appears to be a violation, it may exercise its discretion to seek
injunctive relief in a court having jurisdiction. Except when an ongoing or imminent
violation will irreversibly diminish or impair the cultural, historical and architectural
importance of the Building, the Historical Division shall give City written notice of the
violation and allow thirty (30) days to correct the violation before taking any formal
action, including, but not limited to, legal action. If a court, having jurisdiction,
determines that a violation exists or has occurred, the Historical Division may obtain an
injunction to stop the violation, temporarily or permanently. A court may also issue a
mandatory injunction requiring City to restore the Building to a condition that would be
consistent with preservation purposes of the grant from the National Park Service. In
any case where a court finds that a violation has occurred, the court may require City to
reimburse the Historical Division and the Iowa Attorney General for all the State's
expenses incurred in stopping, preventing and correcting the violation, including but not
limited to reasonable attorney's fees. The failure of the Historical Division to discover a
violation or to take immediate action to correct a violation shall not bar it from doing so
at a later time.
I. Amendments. The parties may by mutual written agreement jointly amend this
easement, provided the amendment shall be consistent with preservation purpose of
this easement and shall not reduce its term of duration. Any such amendment shall not
be effective unless it is executed in the same manner as this easement, refers expressly
to this easement, and is filed with the Dubuque County Recorder.
m. Effective date; severability. This conservation easement shall become effective
when City files it in the Office of the Recorder of Dubuque County, Iowa, with a copy of
the recorded instrument provided to the Historical Division for its conservation easement
file. If any part of this conservation easement agreement is held to be illegal by a court,
the validity of the remaining parts shall not be affected, and the rights and obligations of
the parties shall be construed and enforced as if the conservation agreement does not
contain the particular part held to be invalid.
n. Notices. Any notice, demand, request, consent, approval or communication that
either party desires or is required to give to the other shall be in writing and either serve
personally or sent by first class mail, postage prepaid, addressed as follows:
A
To Grantor:
City of Dubuque
50 West 13th Street
Dubuque, IA 52001-4133
Attention: City Manager
Phone: 563.589.4110
To Grantee:
Historical Division
Iowa Department of Cultural Affairs
600 East Locust Street
Des Moines, IA 50319-0290
Attn: Deputy State Historic Preservation Officer
Phone 515.281.3306
Or to such other address as either party from time to time shall designate by written
notice to the other.
o. Recordation. City shall record this instrument in timely fashion in the official
records of Dubuque County, Iowa, and may re-record it at any time as may be
required to preserve its rights in this Easement.
IN WITNESS WHEREOF, City and Historical Division have executed this
Conservation Easement Agreement on the day and year below written.
GRANTOR: The City of Dubuque, an Iowa municipality
By: Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
STAJE OF IOWA; DUBUQUE COUNTY, SS: On this 20th day of June
2005, before me the undersigned, a Notary Public for said State, personally appeared
Terrance M. Duggan and Jeanne F. Schneider, to me personally known, who stated
that they are, respectively, the Mayor and City Clerk of the City of Dubuque, Iowa, that
the foregoing instrument was signed on behalf of said City by authority of its City
Council pursuant to the resolution adopted by majority vote of at its meeting on the
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20th day of June, 2005, and they acknowledged execution of the foregoing
consent to conservation easement agreement as their voluntary act and the voluntary
act of the City of Dubuque, Iowa.
Karen M. Chesterman
Notary Public for the State of Iowa
A\., 4.~ I KAHEi'; M. CHESTERMAN ~.-M-<J-. '-III jJ .I ',,- P; I
: .' ~ COMMISSiON NO.108258 .. ~G(. ~c 1----rLv1rz--J
. _' MY COMMISSION EXPIRES NOTARY PUBLIC FOR THE STATE OF IOWA
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GRANTEE: Iowa Department of Cultural Affairs, Historical Division
By:
Lowell J. Soike, Deputy State Historic Preservation Officer
STATE OF IOWA, POLK COUNTY, ss: On the day of , 2005,
before me, a Notary Public for said State, personally appeared Lowell J. Soike, who
stated that he is the duly appointed and actively serving Deputy State Historic
Preservation Officer in the Historical Division of the Iowa Department of Cultural Affairs
and that he executed the foregoing conservation easement agreement as his voluntary
act and as the voluntary act of the Iowa Department of Cultural Affairs.
NOTARY PUBLIC FOR THE STATE OF IOWA
A
EXHIBIT "A" TO CONSERVATION EASEMENT AGREEMENT
Dubuque Shot Tower, City of Dubuque, Iowa
Save America's Treasures Site Visit for Conservation Easement
Date:
Ralph Christian, Barbara Mitchell, Jack Porter
To remain eligible for listing in the National Register of Historic Places, a property must be able
to convey its significance. The following character-defining materials, spaces, and features have
been identified as those that help convey the significance of the Dubuque Shot Tower.
Significant Materials, Spaces and Features
The Shot Tower consists of a tapered square-cut masonry hollow column form.
The whole structure stands 120 feet five inches (120'5") above the current ground level.
Seven (7) stories (82'11") are of Galena Dolomite stone construction, and the uppermost three
(3) stories (37'6") are built of soft red brick.
There is strong evidence that some of the originally exposed column base is now buried, as is
an estimated 15-20 feet of stone foundation.
The load-bearing masonry walls are progressively reduced from a base width of three (3) feet to
just one (1) foot at the top of the tower.
The base measures 19'2" square, while the cap measures 12'4" square.
The square interior shaft is a consistently square 13'2" x 13'2".
The structure's exterior walls are of a somewhat varied construction.
While each floor level is provided with four identical rectangular window openings, the majority
of which have plain stone lintels.
The three lowermost levels of the stonework utilized stone voussoirs, save for the entrance.
The lintels are set flush while stone sills project beyond the wall plane.
A number of the stone lintels have untrimmed ends, an indication that stone refuse was being
used to reduce construction costs.
The stone wall is comprised of small scale white limestone and is laid in a random ashlar
manner.
Heavier quoin stones strengthen the comers of the stonework.
The brickwork is of varied colors and is laid in alternating running and rowlock brick courses.
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