Alliant Easement Port of Dubuque
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MEMORANDUM
August 31 , 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Alliant Easement in Port of Dubuque
In 1948 the City gave Interstate Power Company and its successors a revised
permanent transmission line easement in the Port of Dubuque. The total width of the
easement was 125 feet.
Economic Development Director David Heiar is recommending City Council approval to
grant Alliant a 100 foot wide easement in the Port of Dubuque, instead of the current
125 foot wide easement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David J. Heiar, Economic Development Director
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MEMORANDUM
August 31,2005
TO: Michael Van Milligen, City Manager
FROM: David J. Heiar, Economic Development Director
SUBJECT: Alliant Easement in Port of Dubuque
INTRODUCTION/BACKGROUND
In 1948 the City gave Interstate Power Company and its successors a revised
permanent transmission line easement in the Port of Dubuque. The total width of the
easement was 125 feet.
The City has requested revisions to this easement which would reduce the size of the
easement area to 100 feet and provide for some potential utilization within the
easement. After several months of negotiations, Alliant has agreed to language
proposed by the City.
Legal Counsel, Barry Lindahl has recommended that the best approach is to have
Alliant release the current easement and then provide them with a new easement. The
Iowa Code requires the City to hold a public hearing prior to disposing of any interest in
real property. Providing an easement is considered "disposing of an interest in this
land", even though in this scenario, it reduces the scope of the present easement,
BUDGET IMPACT
The proposed easement will provide more developable space in the Port of Dubuque.
There is no cost associated with this easement.
ACTION STEP
I request that you recommend to the Council to approve the granting of a 100 foot wide
easement which will replace the current easement to Alliant as shown on the
attachment.
F:\USERS\Dheiar\Dubuque Harbor - Electric Line Easement\Alliant Easement in Port of Dubuque memo to MVM.doc
Preoared By: Interstate Power and Uaht Company - 200 First Street. SE - Cedar Rapids. IA 52406 (319) 786-4823
ELECTRIC LINE EASEMENT
For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the
receipt of which is hereby acknowledged, City of Dubuque ("Grantor"), ADDRESS 50 West 13th
Street. Dubuque. Iowa 52001 do(es) hereby warrant and convey unto Interstate Power and Light
Company, an Iowa Corporation, its successor and assigns, ("Grantee"), a perpetual easement with the
right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove an
electric and telecommunications line or lines, consisting of poles, towers, crossarms, insulators, wires,
guy wires, anchors and other necessary fixtures, equipment and construction for transmitting electricity,
communications and all Corporate purposes together with the power to extend to any other party the
right to use, jointly with the Grantee, pursuant to the provisions hereof, upon, under, over and across
the lands located in the County of Dubuque and the State of Iowa as shown on the attachment Exhibit
A. Together with all the rights and privileges for the full enjoyment or use thereof for the aforesaid
purpose.
Grantor agrees that it will not construct or place any buildings, structures, trees, 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, as shown on Exhibit B. It is understood
that any building built in compliance to the National Electric Safety Code at the time of construction will
be grandfathered in if a future violation of the Code occurs because of a Code being updated.
The Grantor also grants to the Grantee the right of ingress and egress to said line or lines,
over/under lands now owned by the Grantor, for the purpose of constructing, reconstructing,
maintaining, operating, patrolling, repairing and removing said line or lines, and the Grantee agrees to
pay to the Grantor(s) or its tenants all damages done to the lands (except the cutting and trimming of
trees or other vegetation), or buildings, of the Grantor(s) or its tenants, by the Grantee or its employees
while constructing, reconstructing, patrolling or repairing said line or lines.
Signed this
day of
,20~
GRANTOR(S)
By:
By:
ALL PURPOSE ACKNOWLEDGMENT
STATE OF
COUNTY OF
) ss:
On this day of . AD. 20 , before me,
the undersigned, a Notary Public in. and for said State, personally
appeared
to me personally known
or
provided to me on the basis of satisfactory
evidence
to be the persons(s) whose name(s) isIare subscribed to the within
instrument and acknowledged to me that he/shelthey executed the
same in hisJherltheir authorized capacity(ies), and that by
hislherltheir signature(s) on the instrument the person(s) , or the
entity upon behalf of which the person(s) acted, executed the
instrument.
NOTARY SEAL
(Sign in Ink)
(Printltype name)
Notary Public in and for the State of
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE
TItle(s) of Corporate Officers(s}:
N/A
Corporate Seal is affixed
No Corporate Seal procured
PARTNER(s)
Umited Partnership
General Partnership
ATTORNEY-IN-FACT
EXECUTOR(s),
ADMINISTRATOR(s),
or TRUSTEE(s):
GUARDIAN(s)
or CONSERVATOR(s)
OTHER
SIGNER IS REPRESENTING:
Ust name(s) of persons(s) or entity(ies):
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CL-EARANCE SKETCH
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MEMORANDUM
August 4, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Alliant Easement in Port of Dubuque
Economic Development Director David Heiar is recommending that a public hearing be
set for September 6, 2005, to consider granting an easement to Alliant Energy in the
Port of Dubuque.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~ (t:~AL
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David J. Heiar, Economic Development Director
1B5/
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MEMORANDUM
August 3, 2005
TO: Michael Van Milligen, City Manager
FROM: David J. Heiar. Economic Development Directo~
SUBJECT: Alliant Easement in Port of Dubuque
INTRODUCTION/BACKGROUND
In 1948 the City gave Interstate Power Company and its successors a revised
permanent transmission line easement in the Port of Dubuque. The total width of the
easement was 125 feet.
The City has requested revisions to this easement which would reduce the size of the
easement area to 100 feet and provide for some potential utilization within the
easement. After several months of negotiations, Alliant has agreed to language
proposed by the City.
Legal Counsel, Barry Lindahl has recommended that the best approach is to have
Alliant release the current easement and then provide them with a new easement. The
Iowa Code requires the City to hold a public hearing prior to disposing of any interest in
real property. Providing an easement is considered "disposing of an interest in this
land", even though in this scenario, it reduces the scope of the present easement,
BUDGET IMPACT
The proposed easement will provide more developable space in the Port of Dubuque.
There is no cost associated with this easement.
ACTION STEP
I request that you recommend to the Council to set a public hearing for September 6,
2005 to consider the granting of a 100 foot wide easement which will replace the current
easement to Alliant as shown on the attachment.
F:\USERS\Dheiar\Dubuque Harbor - Electric Line Easement\Alliant Easement in Port of Dubuque memo to MVM.doc
I --
Prepared Bv: Interstate Power and Liaht Company - 200 First Street. SE - Cedar Rapids. IA 52406 (319) 786-4823
ELECTRIC LINE EASEMENT
For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the
receipt of which is hereby acknowledged, City of DubuQue ("Grantor"), ADDRESS 50 West 13th
Street. DubuQue. Iowa 52001 do(es) hereby warrant and convey unto Interstate Power and Light
Company, an Iowa Corporation, its successor and assigns, ("Grantee"), a perpetual easement with the
right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove an
electric and telecommunications line or lines, consisting of poles, towers, crossarms, insulators, wires,
guy wires, anchors and other necessary fixtures, equipment and construction for transmitting electricity,
communications and all Corporate purposes together with the power to extend to any other party the
right to use, jointly with the Grantee, pursuant to the provisions hereof, upon, under, over and across
the lands located in the County of DubUQue and the State of Iowa as shown on the attachment Exhibit
A. Together with all the rights and privileges for the full enjoyment or use thereof for the aforesaid
purpose.
Grantor agrees that it wilt not construct or place any buildings, structures, trees, 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, as shown on Exhibit B. It is understood
that any building built in compliance to the National Electric Safety Code at the time of construction will
be grandfathered in if a future violation of the Code occurs because of a Code being updated.
The Grantor also grants to the Grantee the right of ingress and egress to said line or lines,
over/under lands now owned by the Grantor, for the purpose of constructing, reconstructing,
maintaining, operating, patrolling, repairing and removing said line or lines, and the Grantee agrees to
pay to the Grantor(s) or its tenants all damages done to the lands (except the cutting and trimming of
trees or other vegetation), or buildings, of the Grantor(s) or its tenants, by the Grantee or its employees
while constructing, reconstructing, patrolling or repairing said line or lines.
Signed this
day of
,20 .
GRANTOR(S)
By:
By:
ALL PURPOSE ACKNOWLEDGMENT
STATE OF
COUNTY OF
) ss:
On this day of . AD. 20 . before me,
the undersigned. a Notary Public in - and for said State, personally
appeared
to me personally known
or
provided to me on the basis of satisfactory
evidence
to be the persons(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/shelthey executed the
same in his/herltheir authorized capacity(ies), and that by
hislherltheir signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
NOTARY SEAL
(Sign in Ink)
(Printltype name)
Notary Public in and for the State of
-r-
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE
Title(s) of Corporate Officers(s):
N/A
Corporate Seal is affixed
No Corporate Seal procured
PARTNER(s)
Limited Partnership
General Partnership
ATTORNEY-IN-FACT
EXECUTOR(s),
ADMINISTRA TOR(s),
or TRUSTEE(s):
GUARDIAN(s)
or CONSERVATOR(s)
OTHER
SIGNER IS REPRESENTING:
List name(s) of persons(s) or entity(ies):
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RESOLUTION NO. 385-05
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY EASEMENT TO
INTERSTATE POWER AND LIGHT COMPANY
WHEREAS, the City of Dubuque, Iowa (City) owns certain real property described
in the Electric Line Easement attached hereto known as the Port of Dubuque (the
Property); and
WHEREAS, Interstate Power and Light Company (Interstate) now has a
Transmission Line Easement on the Property; and
WHEREAS, City and Interstate now desire to substitute a new easement for the
Transmission Line Easement; and
WHEREAS, the City Council believes it is in the best interests of the City of
Dubuque to approve the Electric Line Easement.
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, intends to dispose of the
City's interest in the foregoing-described real property pursuant to the Electric Line
Easement attached hereto.
Section 2. The City Clerk is hereby authorized and directed to cause this
Resolution and a Notice to be published as prescribed by Iowa Code Section 364.7 of a
public hearing on the City's intent to dispose of the foregoing-described real property, to
be held on the 6th day of September, 2005, at 6:30 o'clock p.m. at the public library
auditorium, 11th & Locust, Dubuque, Iowa.
Passed, approved and adopted this 15th day of August, 2005.
~ttest: Jeanne F. Schneider, City Clerk
-I
1 --
Prepared Bv: Interstate Power and Liaht Company - 200 First Street. SE - Cedar Rapids. IA 52406 (319) 786-4823
ELECTRIC LINE EASEMENT
For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the
receipt of which is hereby acknowledged, City of DubuQue ("Grantor"), ADDRESS 50 West 13th
Street. DubuQue. Iowa 52001 do(es) hereby warrant and convey unto Interstate Power and Light
Company, an Iowa Corporation, its successor and assigns, ("Grantee"), a perpetual easement with the
right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove an
electric and telecommunications line or lines, consisting of poles, towers, crossarms, insulators, wires,
guy wires, anchors and other necessary fixtures, equipment and construction for transmitting electricity,
communications and all Corporate purposes together with the power to extend to any other party the
right to use, jointly with the Grantee, pursuant to the provisions hereof, upon, under, over and across
the lands located in the County of DubuQue and the State of Iowa as shown on the attachment Exhibit
A. Together with all the rights and privileges for the full enjoyment or use thereof for the aforesaid
purpose.
Grantor agrees that it will not construct or place any buildings, structures, trees, 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, as shown on Exhibit B. It is understood
that any building built in compliance to the National Electric Safety Code at the time of construction will
be grandfathered in if a future violation of the Code occurs because of a Code being updated.
The Grantor also grants to the Grantee the right of ingress and egress to said line or lines,
over/under lands now owned by the Grantor, for the purpose of constructing, reconstructing,
maintaining, operating, patrolling, repairing and removing said line or lines, and the Grantee agrees to
pay to the Grantor(s) or its tenants all damages done to the lands (except the cutting and trimming of
trees or other vegetation), or buildings, of the Grantor(s) or its tenants, by the Grantee or its employees
while constructing, reconstructing, patrolling or repairing said line or lines.
Signed this
day of
, 20---,-
GRANTOR(S)
By:
By:
--- I ,n
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
STATE OF CORPORATE
Title(s) of Corporate Officers(s):
COUNTY OF
) ss:
N/A
Corporate Seal is affixed
No Corporate Seal procured
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the undersigned, a Notary Public in and for said State, personally
appeared
PARTNER(s)
Limited Partnership
General Partnership
ATTORNEY-IN-FACT
EXECUTOR(s),
ADMINISTRA TO R(s) ,
or TRUSTEE(s):
GUARDIAN(s)
or CONSERVATOR(s)
OTHER
to me personally known
or
provided to me on the basis of satisfactory
evidence
to ~ the persons(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/shelthey executed the
same in hislher/their authorized capacity(ies), and that by
hislherltheir signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
SIGNER IS REPRESENTING:
List name(s) of persons(s) or entity(ies):
NOTARY SEAL
(Sign in Ink)
(Printltype name)
Notary Public in and for the State of
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