Easement - Prescott School Traffic Signalization
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MEMORANDUM
March 24, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Easement
City Engineer Gus Psihoyos recommends the City Council accept an easement from
the Dubuque Community School District for traffic control devices for new signals at 11th
and 1 ih Streets at Prescott School.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/llJ[ [~ j/(L
Micha~1 C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
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MEMORANDUM
March 24, 2006
TO:
Michael C. Van Milligen, City Ma~arJ
Gus Psi hoyos, City Engineer --<)~
SUBJECT: Acceptance of Easement
FROM:
INTRODUCTION
Enclosed is a resolution accepting an easement for traffic control devices for new
signals at 11th and 12th Streets at Prescott School.
DISCUSSION
The construction of the new Prescott School and associated vacating of 1 zth
Street from Central Avenue to White Street required some reconstruction of
traffic signals and pedestrian crossing lights. In order to keep the sidewalk areas
clear of obstructions, such as traffic controllers, easements were obtained from
the Dubuque Community School District at two locations.
The attached easement provides easements at the northeast corner of 11th and
Central and at the southwest corner of 1zth and White.
RECOMMENDATION
The above easement has already been purchased by the City, and the Grant of
Easement should be accepted by the City Council. I would recommend adoption
of the enclosed resolution accepting the easement.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution accepting the
easement from the Dubuque Community School District.
Prepared by Ron Turner, PLS
cc: Ron Turner, PLS
David Ness, PE
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 115-06
A RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR TRAFFIC
CONTROL DEVICES TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an Easement Agreement with
the Dubuque Community School District pursuant to which the Dubuque
Community School District agreed to grant an easement for traffic control
devices, wiring and appurtenances on part of City Lot 446, City Lot 479, and Lot
A of City Lot 445 in the City of Dubuque, Iowa, as shown on the exhibit attached
thereto; and
Whereas, the Dubuque Community School District has executed said
Grant of 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, hereby
approves of, accepts and consents to the Grant of Easement from the Dubuque
Community School District, copies of which are attached hereto, as required by
Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection
herewith.
Passed, approved and adopted this 3rd of April, 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 131h Street, Dubuque, IA 52001 (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13m Street, Dubuque, IA 52001 (563) 589~4270
GRANT OF EASEMENT FOR TRAFFIC CONTROL DEVICES, WIRING &
APPURTENANCES ON PART OF CITY LOT 446, CITY LOT 479, AND LOT A OF
CITY LOT 445 IN THE CITY OF DUBUQUE
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged, the Dubuque
Community School District in the Counties of Dubuque and Jackson, State of Iowa, also
known as the DUBUQUE COMMUNITY SCHOOL DISTRICT (the "School District"),
2300 Chaney Road, Dubuque, Iowa 52001 does hereby grant, sell, and convey to the
CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors
referred to herein as the "Grantee", in perpetuity, from the day hereof, a right-of-way
and easement through, under and across the following described Real Estate situated
in the City of Dubuque, Iowa, (hereafter referred to as the "Easement" or "Easement
Area") to wit:
PART OF CITY LOT 446, CITY LOT 479, AND LOT A OF CITY LOT 445 IN THE
CITY OF DUBUQUE, IOWA
The Easement shall be as shown and described on the attached Exhibit A for the
purpose of constructing and maintaining traffic control devices, wiring, and
appurtenances, said traffic control devices, wiring, and appurtenances to be constructed
in accordance with the Plans and Specifications on file in the office of the City Engineer.
It is understood and agreed that Grantee, City of Dubuque, will repair or replace
damage to the curb and gutter and repair or replace paving, sidewalk, and landscaping
over and above the easement in connection with the maintenance, replacement or
repair of traffic control devices, wiring, and appurtenances. The Grantee shall repair
and replace any other areas and improvements disturbed or damaged by the City of
Dubuque during the process of making repairs or replacements or maintaining the traffic
control devices, wiring, and appurtenances. Any other Grantee who enters upon the
easement area to maintain, repair, or replace other utilities shall restore the damaged or
disturbed area during the process of maintenance, repair and replacement of such
utility.
The School District shall not erect any structure over the traffic control devices, wiring,
and appurtenances without obtaining the prior written consent of the City Engineer
which would impair any rights under this Grant of Easement.
The School District shall not change the grade, elevation, or contour of any construction
or excavation that will diminish the lateral support of said traffic control devices, wiring,
and appurtenances without obtaining the prior written consent of the City Engineer.
To have and to hold unto said Grantee, the City of Dubuque, Iowa, forever and the
School District does hereby expressly covenant that it is the owner in fee of the Real
Estate and that it has the right to execute this Agreement and that the Grantee, their
agents or contractors shall at all times have free access to an egress from and over said
Easement Area to maintain, remodel or repair said traffic control devices, wiring and
appurtenances located in the easement area.
/3th.
Dated at Dubuque, Iowa this _
day of 1Y)rv-LN
,2006.
Dubuque Community School District in the
Counties of Dubuque and Jackson, State of
Iowa also known as the Dubuque Community
S'~~'~~
glas. rstmann, President
1 '
By: 1"1u . j ~I..-L('~
Joni"S. Lucas, Secretary
STATE OF IOWA )
)ss:
COUNTY OF DUBUQUE )
This instrument was acknowledged before me on the I L/ ~ day of f\)CA.rCh ,
2006, by Douglas J. Horstmann and Joni S. Lucas as President and Secretary
respectively of the Dubuque Community School District on behalf of said School District
the instrument was executed.
~~-~~
JOAN M. SIGWARTH
Commission Numosr 737J70
My C'm~. E,p OCT 27, 2008
EXHIBIT A
EASEMENT FOR TRAFFIC CONTROLS, WIRING & APPURTENANCES ON PARTS OF
CITY LOTS 446, 479, AND LOT A OF CITY LOT 445 ALL IN THE CITY OF DUBUQUE, DUBUQUE CO. IA
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GRAPHIC SCALE
50 25 0 25 50
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DRAWING MAY HAVE BEEN REDUCED
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(100.06')
(N 75'39'37" E)
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LOT A OF CITY LOT 445
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TRAFFIC CONTROLS,
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11TH STREET (64' R.O.W.)
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