Easement Agreement - I&M Rail Link, LLC
CITY OF DUBUQUE, IOWA
MEMORANDUM
December 15, 1999
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT:
Easement Agreement with I & M Rail Link, LLC
Water Department Manager Bob Green is recommending that the City enter into an
easement agreement with I & M Rail Link, LLC, for the purpose of extending a
water main across their existing easement on Perfection Oil property. This
easement would allow the Army Corp of Engineers to install a new water line into
their facility.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~
MCVM/j
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Bob Green, Water Department Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
December 13, 1999
TO: Michael C. Van Milligen, City Manager
FROM: Bob Green, Water Department Manage~___
SUBJECT: Easement Agreement #50,100,038 - Dubuque, Iowa
Water Main Extension to property line Lock and Dam #11
The City Water Department is currently in the process of
extending a water main off of Kimball Street north across
Perfection Oil property to the south property line of the Lock
and Dam #11. This project will allow the Army Corp of Engineers
to install a new water line into their facility.
To accomplish this project the City Water Department will need
an easement agreement with I & M Rail Link, LLC. This easement
will allow us to cross their existing easement on Perfection Oil
property. This easement is attached (two copies) for your
signature with Council approval.
I am requesting that this item be placed on the next City Council
agenda for approval.
Should you have any questions on this please call me at 4291.
cc: File
EASEMENT AGREEMENT No. 50,j 00,038
I&M RAil LINK, llC, ("IMRl") a Delaware Limited Liability Company hereinafter referred to as
"Grantor", whose mailing address is, PO Box 16630, Missoula, MT 59808-6630, in consideration
of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, in hand paid, the
receipt of which is hereby acknowledged, do hereby grant and convey on the terms and
conditions set forth herein, to, The City of Dubuque of Dubuque. Iowa, hereinafter referred to as
"Grantee", an Easement for maintenence of an underground water main purposes, hereinafter
referred to as the "Easement Premises" located on the land described on the attached Exhibit "A"
and by reference made a part hereof. The Easement is to be .1.5 feet in width, approximately.l..9Q5
square feet, located at survey station N/A , milepost 12..3 , at or near Dubuque, Dubuque CoiJnty,
Iowa, as shown highlighted upon the attached plat marked as Exhibit "A" dated the 14th day of
September, 1999 and Exhibit "B" dated the 29th day of October. 1999, and by this reference
made a part hereof.
RESERVING, however, unto the Grantor, its successors and assigns, the right to construct, place,
operate, maintain, alter, repair, replace, renew, improve and remove communication lines above,
below and on the surface of the Easement Premises, including, without limitation, transmission by
conduit, fiber optics, cable, wire or other means of electricity, voice data, video, digitized
information, or other materials or information, pipelines, utility lines, track and facilities including
the right of ingress and egress in any such manner as does not unreasonably interfere with
Grantee's use of the Easement Premises for said purpose and further reserving unto Grantor, its
successors and assigns, all right and privilege of ingress and egress to said Easement Premises
as Grantor, its successors and assigns may require to investigate and remediate environmental
contamination and hazards, and further reserving the right and privilege to use said land for any
and all purposes not inconsistent with the use thereof for said purposes; and
TOGETHER with the right to use and keep the Easement Premises free and clear of obstructions
or structures, except railroad facilities, including fences and other railroad improvements; and the
right and obligation to clear and remove all brush and vegetation from the Easement Premises.
THIS GRANT IS SUBJECT TO THE FOllOWING CONDITIONS:
1. Grantee shall bear the costs of removal, relocation or reconstruction of any improvements,
fences, signage, ditches, headgates, culverts, or other facilities, the removal, relocation or
reconstruction of which is made at Grantee's request and made necessary by reason of
Grantee's use of the Easement Premises. Grantee shall bear only the reasonable costs
associated with the removal, relocation or reconstruction made at Grantee's request or by
reason of their use of the Easement Premises.
2. Any and all cuts and fills, excavations, approach roads, or drainage in conjunction
therewith, necessary in the construction, maintenance, or any future alteration of the
Easement Premises shall be made and maintained in such manner, form and extent as
will provide adequate drainage away from the adjoining lands and premises of Grantor. No
obstruction of the existing natural drainage shall be made which causes drainage on to the
property of Grantor.
3. Grantor reserves the right to use its property in any manner which is consistent with the
rights granted to Grantee hereunder. The Easement Premises are subject to any other
permits, leases, licenses or other grants which Grantor has made or may make affecting
any aT its property. Gramor, ILS successors ana assigns, reserves me ngnt to grant to any
other person or entity the permission to construct, maintain, use, operate, relocate,
reconstruct and renew such facilities as Grantor may, from time to time, determine to allow
within the real property, so long as any such transfer does not unreasonably interfere with
n:\geni&m\easgenpb.doc
1
the rights of Grantee granted hereunder. Grantee shall, at its own cost and expense, make
adjustment with any other lessee or licensee of Grantor for any improvements that may be
required to be relocated, reconstructed, or destroyed by reason of the construction or
maintenance of the Easement Premises.
4. Grantee shall not use or dispose of any toxic or hazardous substances or materials on or
near the Grantor's property, and Grantee shall obey all federal, state, and local laws and
regulations, including, but not limited to, those related in any way to toxic or hazardous
materials. Grantee assumes all responsibility for any environmental damage created by
any activity of Grantee and Grantee hereby indemnifies and agrees to hold Grantor
harmless from any liability, claim, costs or damages related to any environmental liability
arising out of Grantee's activities under this Agreement. This indemnification applies to all
causes of action of any kind whatsoever, including those under Comprehensive
Environmental Response, Compensation, and Liability Act, (CERCLA), or Resource
Conservation and Recovery Act, (RCRA), or any other applicable federal, state or local
law or ordinance.
5. If at any time the use of the Easement Premises for the purposes herein should be
abandoned or discontinued by the Grantee its heirs, successors, members or assigns, the
said easement over the herein described Easement Premises shall thereupon cease.
Grantee shall surrender or cause to be surrendered to the Grantor or its heirs, successors,
members or assigns, the peaceable possession of said described Easement Premises,
and title to the said Easement Premises shall remain in the Grantor or its successors or
assigns, free and clear of all rights and claims of the Grantee and of the public for use and
occupancy of the said Easement Premises.
6. ASSUMPTION OF LIABILITIES:
a. It is understood by Grantee that the Easement Premises are in dangerous
proximity to railroad tracks and that persons and property on the Easement
Premises will be in danger of injury, death or destruction incident to the operation
of the Grantor's or any other railroad company, including without limitation, the risk
of derailment, fire, or inadequate clearance (including sight clearance or vision
obstruction problems at grade crossings on or adjacent to the Easement
Premises), and Grantee accepts this Agreement subject to such dangers.
b. By accepting this Agreement, Grantee hereby assumes all risk and agrees to
indemnify and hold Grantor harmless from and against any liability, claim, cost, or
damage on account of personal injury to or death of any persons whomsoever, or
damage to or destruction of property to whomsoever belonging, including but not
limited to property of the Grantor arising from or growing out of acts or omissions,
negligent or otherwise, of Grantee, its successors, assigns, licensees, invitees, or
whomsoever is using the Easement Premises in accordance with permission
granted hereunder. Nothing in this indemnity provision shall be construed to
require Grantee to indemnify Grantor against any claims for which indemnity is
precluded by law.
C. Grantee shall not create or permit any condition on the Easement Premises that
could present a threat to human health or to the environment. To the extent of
Grantee's contribution, Grantee shall indemnify and hold harmless Grantor from
__1""'\" _,.:':' -.. ._1._:........... -~_..__ _"r" _l-.I;,............;,.................... ,. ....l-. .~_,...........,-.,....... :.-. ~__., _.......,;.............................__...............
1 ,..........""'~;..;,...........
_II} '-'............., ~.......lll., ......................; ''''0'1 _......,,~......I..'-'.h,) ....1.1. ."";"~t-'......._.. ~_ _II) _.III'Il.......'i".................. ............11\.....1........
.')
caused by, contributed to, or aggravated by Grantee's presence on and use of the
Easement Premises or Grantee's violation of any laws, ordinances, regulations or
requirements pertaining to solid or other wastes, weeds, chemicals, oil and gas,
toxic, corrosive, or hazardous materials, air, water (surface or groundwater) or
n:\geni&m\easgenpb.doc 2
noise pollution, and the storage, handling, use or disposal of any such material. To
the extent of Grantee's contribution to any release or violation as noted in this
paragraph, Grantee shall bear the expense of all practices or work, preventative or
remedial, which may be required because of the Grantee's use of the Easement
Premises. Grantee shall also give Grantor timely notice of all measures undertaken
by or on behalf of Grantee to investigate, remediate, respond to or otherwise cure
such release or violation caused by Grantee. If Grantor receives notice from
Grantee or otherwise of a release or violation of environmental laws which
occurred or is occurring as a result of Grantee's use of the Easement Premises
Grantor may require Grantee to, at Grantee's sole expense, take timely measures
to investigate, remediate, respond to, or otherwise cure such release or violation
as caused by Grantee. Nothing in this indemnity provision shall be construed to
require Grantee to indemnify Grantor against any claims for which indemnity is
precluded by law.
7. The Easement Premises hereby granted are non-exclusive, and Grantor reserves the right
to use the property in any manner which is consistent with the rights granted hereunder.
8. Grantee will pay any taxes, charges, or assessments that may be levied or assessed
against them as a result of any facilities erected for the benefit of Grantee under this
Agreement.
9. INSURANCE:
a. Grantee agrees to obtain, to keep in force and effect, and to pay premiums on
worker's compensation insurance for those of its employees who are concerned
in any way with Grantee's performance under this Agreement.
b. Grantee will furnish Railroad with Certificates of Insurance for public liability and
worker's compensation coverage in advance of any activity on railroad property.
All of the above insurance policies and certificates, except for worker's
compensation, must name the Grantor as an additional insured.
c. Whenever construction, demolition and/or any other repair operations occur
within fifty (50) feet of any railroad track, a separate railroad protective policy,
written in the name of the Grantor is required with minimum limits of $2,000,000
per occurrence and $6,000,000 aggregate*. The policy must be submitted to the
Grantor and approved in advance of any activity on the Grantor's property.
d. Any Party performing any work related to this Agreement shall have a copy of
the Agreement at the designated job site.
10. Grantor makes no warranties as to its title, nor does Grantor undertake to defend the
peaceable possession, use or enjoyment of the property by Grantee.
11. It is agreed that the provisions of this Agreement are for the equal protection of any other
railroad company including National Railroad Passenger Corporation (AMTRAK) which
may be granted the joint use of the property upon which any facilities are located
hereunder.
~"l
......
......... ~...... .....f"'.. -........ '"""..... . -- .... - --
~.:....... ~...... -_......-...... -, ,~... -:......,.... -:..-......................~.......;.. r:",......--:......-~
_ ......;.......~ r,..... ..I.-.....
-
purpose of construction or maintenance of tracks or roadways.
13. All notices hereunder to be given by Grantor to Grantee may be given by letter from
Grantor or its agent or attorney and forwarded by Certified Mail, Return Receipt
n:\geni&m\easgenpb.doc 3
~------ ---
Requested, postage prepaid, addressed to Grantee at Grantee's mailing address above
stated or at such address as Grantee may later give Grantor in writing. All notices
hereunder to be given by Grantee to Grantor may be given by letter from Grantee or
Grantee's agent or attorney and forwarded by Certified Mail, Return Receipt Requested,
postage prepaid, addressed to IMRL's Property Management Division, PO Box 16630,
Missoula, Montana, 59808-6630.
14. Each party bearing signature to this document represents that he or she has authority to
bind his/her respective entity.
15. Any violation of any term or condition to this Agreement herein listed would-entitle the
Grantor the right to terminate the Agreement after providing Grantee a 30-day notice and
30 days to cure the default.
Subject to the foregoing provisions, this Agreement and all of the covenants and promises herein
shall inure to the benefit of and be binding upon the parties hereto, and their respective
successors and assigns.
n :\geni&m\easgenpb.doc
4
The parties hereto have executed this Agreement on the date set forth above.
I&M RAIL LINK, LLC.
By:
Title:
STATE OF )
:ss
Coun~of )
This instrument was acknowledged before me on the day of
, 199 J by
I&M Rail link, LLC
(SEAL)
Notary Public for the State of
Residing at
My commission expires:
By: ~lJ ~;JL
GRANTEE
STATE OF
Iowa
)
:ss
)
Coun~ of
Dubuque
This instrument was acknowledged before me on the 3rd day of January
,-m 2000 J by Mi chae 1 C. Van Mi 11 i \;len. City Manaqer. Citv of
Dubuque, IA
(SEAL)
n :\geni&m\easgenpb.doc
5
S1)I
'AS 03l103H:l
)Ill.
:AS NMYHO
.ot~.1
31't':)S
1'8l:'J.:)()
3J.VO
ll8tt1I!lll 81
100Z9 VNa '3nOnBf1O
.1.33HJ.S.I.SO:)()1 zln
S~33NIDN3 DNLL1nSNO~
S31 V1~OSSV W DNIS3na
1.0
~
~
"-
a
I-
0-
<"t
\~
I~
I-
u.1
~
0-
N
'Ui
~
\
,
,
, I
@ ,'" \ ~
\ I- I- I \' \
{SUJ \ I \
\ >~ ,,; ~ \
,~; 11 Ii \ ~~ \ IO~z
I- -' ," ~! \
10 \' b~, '
-' 'i \,;~ \ "~~ .
'~i \ I~ \~,! 3 ~
~ l!;tm ~l2cn
11"\ \ lJW" i~~
\\ \ ,
1." I \
I ',\ \ \ \
'\ \ \ \
\ "
11 , I
\ '->-\-'\ \ \
~. 11 \ \
\"' \
Il~\ \
'I \ \ \
"\ \ , .
\1. 1 l
d" \ \
1 \' '
\ \ \ \
~"\ \\
~r\ \ \ ~ ". \
II i0a ",:",'
\ \ \ \ \~ ~- \
In ,1\"\ ',\
bill I I
-L-il \ '
h ,\ i \ "
~~ ,I+-\ \
I I 1\ \ \ \
3 ~ \ \
\ ~t-~" ~ \
d'l , ,
~~ I I \ \ ~ \
1 \ ' au \
\ I, I" \ \1 \
~''Il'j'
=--+-::: ~ ~~ '.:\
l \1", t
- \ \ \' ,
...J \ J, ~ I
W
-J
1..1..\
o
0::
0..
~
Z
<(
-J
0..
Z
<(
2
0::
w
J-
~
~
~
~
~~~
~~~
(:l
;,
0<(
~~
~-'
ct.-=<
u.1u..
,,-0
~~
<iu..
-=<0
''in
~4.
;OW
o
g
~
g
~
"J
I-
<3
tp
'\p
I.
\\
, 5.
'~ ' c.-< <~
, \ \.. .::l \ '"ill
,o"~\~'O~~ ~~~
\\,
~
100l:S V1'3I1llOIIIlO
311N3/,V NlOON1_
Z13lDI NHO/'
--
h
I~
~!
I
I
r--
,
i
I
I
~9'OOlI +
,,,
i r- -!LSZ'OO'11
i I --l
--1 I \:S661~
\ I I 1+
i, I I
fi- --I on61
~ ----i- . I ~.. '18
l I +
\
\ I:],
1+
!'"
I gn6j
I I
I QS,.6'!P
, +
0>~6\
."'6
i
I
I
I I
-------;----r-
i r
I i
~--r
1-
, I
r~-l
!--.J
, i
!
~~
I
..,
..,
~
'"
'"
~
~
~
~
==
~
~
1\
i
i
r
g
@I
: i I S~,6
-~-" ~L! __
~ ~r 9tt61::.
ffi~ 1 I iN
-i)<:I~-i-+----~--
'iiii -1 II i,- Ii I I::::'.
I : ~l5 N
i! I I
I-f-I~r- 00T6
i I'
<--
I
I
I w
----1-_ ::::!_
. ...
o
'"
0.
o
I-I -ir~ I
[]. i~ll____J:::"
I-LL, -J--~-I--ll!~Ll___I____'~
I 1 I 1" I 3. Z6.
!-1--~~-Li ! I I j"g~I~1
OZ'\:6,
+
OZ'\:6
~
h
~~~!
00 \:6
.+:
----
____1__ -r' --- .
I ,
OS'Z6
81.
'AS 03>1:)3H:J
.,l
AS NM\f~C1
:3l't:JS
666~ '02: '180 !
31\'c'"
@)
~
c=J
~ 0
~ Z
W
C>
0 W
-I
~
@5 ~
~ ~
~ ~
~ d
@
~ @
~
@ CJ
c!J
~ @5V
(!!fl) [!@
@ @
@O
@1
@
@5
~
lllHW tele!:xv~
...... lilt) =HcI
lGOnVMOl'relnllnCl
tnlI1S .lsroo, EIZl
SH33NI9N3 9NIllnSNO::>
S31Vr:JOSS\t' Y 9NIS3nr,
~ w ~
fi ~ B! ~
<~I.oJa..4:>
!:r: 5lX~ IX
~~I~~~
U1l....xa..:J>
z::r::z:ClX>
D:lL...xa..~>
~
~
"'''' '"
~~ ~
.J-.Jzw
~~i~
~::!~~&' w
Z~a..<= ~
:iw~F~ ~=~ -'
~~:~~:~ ~
~~~~~~~ ~
cr>::>~x::::)w <:
a...C1~a..w'UU w
~..I :
I :::> I
'"I'
J:....
0...
I: I
w
Z '"
5g~~~
~~fiJ~~
I'd~~
ZU~~ffi
~~IiJU
~w[]OO
()~~wffj
5rrit;~E
~o~O='
t1gj~ ~~ .
~~E~~ffi
~~g~~~
::J :)(,) mOo..
~~~::j~~
~~~~~i
u..x~!::ffi~
~~g;li~lC
oo:z:~~U)
~~QU~~
uz!<gzz
9~(ljz<o
~o ~~uf8ffi~
~ ~wQwUO
...:~~i=~~
1!!j!B~
0a:'I)
~ijlti;:$:il
5~ui~
~~ ~~g:g
~<IDC;;-
u51S~
'"
Z
J
t>>t1J!;g181 :t-ld
lOOlf "'NO 'inonana
~VH1CY.lNJ1!;St1Z
llONOtJ..:)'i;:ftl3d
Z.L3H>f NHOr :H3NMQ
r:~;r:r.
MISSISS1PP1 RIVER
311.:l0tld'l/ NVld Nl\Mtl31VM
133HS t13^O::J
A;;;;Z
~
'"
:J
:>
~
lrl
a
Ii'
Z
~
o
;~
~ill
",0
wo
~z
~~
wo
"'1=
~g
z-'
0'"
~~
0",
"'u.
tii(
~~
~~
.w
NO>
z
o
i=
o
:J
10
'"
... z
"'0 0
;:~ ~
~.~ a..
~ p
n ~
~~
wl,1
~~
~a
Zz
00
3:1=
00
~~
WI>.
~~
"u.
i~
~~
ill:J
.0
~'"
>-
Cl
a:",
Wo
iffi~
~~g
:~~
<Ii
~
Z
o
1=
o
:J
~
Z
o
o
W
o
i:i
'"
W
'"
re
'"
reo
0'"
i:iil
~~
~8
\1
o
oJ.
"
Q~
>w
a:>
~~
wZ
0>0
~g
~'"
iljt;
:>z
wO
",0
<Ii;!;
;!;~
:l:ffi
ffi~
i~
~~
3'!'?
in>
~~
i~
ll:~
w<
n.",
<~
Iri~
fIl
Z
o
I ~g
t-~~
J:~~g
ui~8
:Jue
W
:J
o
:J
0>
:J
"
U.
o
~
[j
ffi
n.
W
z
g~
~Q
f28
"'u:
ZU
OW
>=1);
gel
IO~
.,.,
iSii!
0<
;j0
<~
~'"
VOlUNTEER DRIVE
>-
Z
<5
~~
~n.
12
o
;;
'"
~~
~~
~~
g~
E~
3:Z
~-'
~g
c~
"'0
8~
00
::lg;
~:J
",fiJ
",,,,
0.,
1:;<
g~
z<
on.
0:>
o
"':0
z
o
1=
8~oC 0<(
~~~ ~
~:!;L1. :!o
~t5~l.?~f3
~ti:~~~~
~~~5~i3
ry~~>-oe5
;:::~()~t;o
gg~~;;jg
":NM .q.
'"
o
z
0," '"
Er..> U
o I! If
~i~ i~
C:::...J~ ...Jll
c(~1J.. ::::Eo
S~::C)~(3
~ti:~~t:~
~~@~~(3
...:.e";'...>O~
b~~ffil;;g
-'.....l:>u.i'5...J
~NM ..j
\1
z
2
>-
~
Ii'
,,;
~~
oz_
OW8
6~~!
z3,,;
OOw
~~~g~
lO .:
~~~~ ~
&; w
'" 0
~ ~
cO oi
;;
-10
~:;j
1=<0
z-~
l;l~!!j'~
x-sOC:O
>-~~~
5~s~
...
o
o
N
~
o
c) (!) ~
m~~ ~
~~ffi"ltci
n.'-':;:8zm
a::-jON:5~
iO-J>-XfIl "i'
~Gal;<~
~gqg ~
~Uc..o:: ~
'" :$
~~li
0-'''''0
~<H~
:::tel>>
:e!C;;t5
@i
!t'e
:~
~~<
~~~
~<Ei
~f~
--:!:
~i;
~i;
~~';
~-"
~3:~
:i~~
~~!
~~~
~t;~
Q;~;i
jjs!i
llii~C;;;
;;~
_3n.
w
"
~
M ii
~ :
~ ~
~ lID
e..
t! ~ ;:
~ ~ "" c-,!
~ ~
m ... ~
~ ~ P5
i ~ j
1I.~\\\"",;1~~"1"""",,,1.
#'~'~~~\..." ":~ ''',
,f~.,..J ',<:,
Iffl' ~ ~ ~ '\;\
ow: r;! 1lI -0:
\~_'_', tI - y,./-il
"'"", "'_..I, ,'.Jo.
':'J>O.j,,',,'" "'"'
~"""""n"'"
@,
~
~
~
@
~
~
@
@
d
IS"
I "~
, ~