Alliant - Interstate Power Easement Port of Dbq
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MEMORANDUM
May 9, 2006
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 Dave Heiar recommends granting of a 100 foot wide
easement to Interstate Power Company (Alliant) in the Port of Dubuque.
Alliant currently has a 125 foot wide easement, and this will reduce the size of the
easement to 100 feet and provide for some potential utilization within the easement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
f7t1 [L~(ltt/'-
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Heiar, Economic Development Director
_._~
THE CITY OF (" . ,-
I-.-~-~. -
JUBUQUE
~<Ik-~
MEMORANDUM
May 8, 2006
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 (Alliant) and its successors a revised
permanent transmission line easement in the Port of Dubuque. The total width of the
easement was 125 feet. There were also two previous easements over these areas that
were never rescinded.
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 three easements that have been recorded for this corridor
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.
The City Council did start this process in September of 2005, however, just before the
scheduled public hearing; Alliant requested a change in the easement language. We
now have mutually acceptable language and an easement which has been signed by
Alliant. On May 1, 2006 the City Council set the new public hearing for May 15, 2006 at
6:30 p.m.
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
Following the Public Hearing, I respectfully recommend that the Council approve a
resolution to grant a 100 foot wide easement as shown on the attachment, which will
replace the existing Alliant easements in this area.
F:\uSERSIOHaial\Dubuque Harbor - Electric Una EasemantlAllianl Easement in Port of Dubuque mama 10 MVM 2.doc
RESOLUTION NO. 206-06
AUTHORIZATION 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
Transmission Line Easements on the Property; and
WHEREAS, City and Interstate now desire to substitute a new easement for the
previously approved Transmission Line Easements; and
WHEREAS, the City Council believes it is in the best interests of the City of
Dubuque to approve a revised 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, authorized the
Mayor and City Clerk to sign the Electric Line Easement attached hereto, providing an
interest in Real property to Interstate Power and Light Company.
Passed, approved and adopted this 15th day of May,2006.
Roy D. Buol, Mayor
Attest:
Karen M. Chesterman, Deputy City Clerk
F:\USERS\OHeiar\Dubuque Harbor. Electric Line Easement\Resolution authorizing disposition of property for easement.doc
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MEMORANDUM
April 24, 2006
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 Dave Heiar recommends that a public hearing be set
for May 15, 2006, to consider the granting of a 100 foot wide easement to Interstate
Power Company (Alliant) in the Port of Dubuque.
Alliant currently has a 125 foot wide easement, and this will reduce the size of the
easement to 100 feet and provide for some potential utilization within the easement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MJ~ft~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Heiar, Economic Development Director
rHE CITY Or
:!..,_~!'t_,.
MEMORANDUM
~~~
April 24, 2006
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 (Alliant) and its successors a revised
permanent transmission line easement in the Port of Dubuque. The total width of the
easement was 125 feet. There were also two previous easements over these areas that
were never rescinded.
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 three easements that have been recorded for this corridor
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.
The City Council did start this process in September of 2005, however, just before the
scheduled public hearing; Alliant requested a change in the easement language. We
now have mutually acceptable language and an easement which has been signed by
Alliant.
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 recommend that the Council approve a resolution to set a public hearing for May 15,
2006 to consider the granting of a 100 foot wide easement as shown on the attachment,
which will replace the existing easements to Alliant.
F:\USERS\DHeiar\Dubuque Harbor - Electric Line Easement\Alliant Easement in Port of Dubuque memo to MVM.doc
RESOLUTION NO. 175-06
FIXING THE DATE FOR A MEETING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA ON THE EXECUTION OF AN EASEMENT RELATING THERETO
WITH INTERSTATE POWER AND LIGHT COMPANY, AN IOWA CORPORATION,
AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF.
Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa,
enter into a revised electric easement with the Interstate Power and Light Company for
the Port of Dubuque; and
Whereas, before said lease may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of
the meeting at which the City Council proposes to take action thereon and at which
meeting the City Council shall receive oral and/or written objections from any resident or
property owner of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council meet in the Auditorium of the Carnegie-Stout Public
Library in Dubuque, Iowa, at 6:30 p.m. on the 15th day of May 2006, for the purpose of
taking action on the execution of an electric easement with the Interstate Power and
Light Company, to carry out activities described in the Port of Dubuque.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City,
said publication to be not less than four days nor more than twenty days before the date
of said meeting on the issuance of said obligations.
Passed, approved and adopted this 1st day of May 2006.
J;.
~
.~~
eanne F. Schneider
City Clerk
F:\USERS\DHeiaMlliant Easement\Public Hearing resolution.doc
~ ~ ALlIANT
M,JI ENERGY
Interstate Power and Light Co.
An AlIiant Energy Company
April 21, 2006
Corporate Headquarters
Aman! Tower
200 First Street SE
P.O. Box351
Cedar Rapids, IA 52406~0351
Mr. David J. Heiar
Economic Development Director
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001-1733
Office: 1.800.822.4348
www.alliantenergy.com
RE: Ice Harbor Easements and Partial Releases
Dear Mr. Heiar,
Please find the executed Electric Line Easement and three Partial Release of Easements
attached to this letter. It is our intention to have the City of Dubuque sign the Electric
Line Easement which would then be recorded at the Dubuque County Courthouse along
with the three partial releases. By recording these documents together it will illustrate
how this electric line easement will replace the portion of the old easements that cover
this same area.
If you need further assistance please contact me at 319-786-4823. I appreciate your
efforts in making this happen.
ed W. rancois
Team Leader Real Estate and Right of Way- West
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Prepared By: Ted Francois Interstate Power and Light Company - PO Box 351 - Cedar Rapids, IA 52406-9949 (319) 786-4823
Return To: Ted Francois Interstate Power and Licht ComDanv PO Box 351 - Cedar Raoids IA 52406-9949 (319) 786-4823
SPACE ABOVE THIS LINE FOR RECORDER
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, Citv of Dubuaue ("Grantor(s)"),
ADDRESS 50 West 13th Street Dubuaue. Iowa 52001 doles) 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 following described lands located in the County of
Dubuaue and the State of Iowa as described on the attachment Exhibit A-1 and as shown
on Exhibit A-2. Together with all the rights and privileges for the full enjoyment or use thereof for the
aforesaid purpose.
Grantor(s) 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 amendment.
The Grantor also grants to the Grantee the right of ingress and egress to said line or lines,
over/under the above described properties 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 and 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:
Roy D. Buol, Mayor
By:
Jeanne F. Schneider, City Clerk
ELECLNES.OOC/REVISEO 04/11/06
State of Iowa )
) ss:
County of Dubuque )
On this day of " before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Roy D. Buol and Jeanne F. Schneider, to me
personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Dubuque, Iowa; a municipal corporation; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on
behalf of the corporation, by authority of its City Council, as passed by Resolution of the
City Council on the day of " and Roy D. Buol and Jeanne F.
Schneider acknowledged the execution of the instrument to be their voluntary act and deed.
Notary Public in and for said State
ELECLNES.OOC/REVISEO 04/11/06
Exhibit A-1
Lots 3, 5, and 6 all in Ice Harbor Development;
East Third Street;
Bell Street;
Public alley north of E. 3rd Street and west of Bell Street;
Lot 2 of Adams Company's Second Addition;
East Fifth Street;
Lots 1, 2, B, C and D of Riverwalk 5th Addition;
Lot 1 of Riverwalk 6th Addition;
all in the City of Dubuque, Dubuque County, Iowa.
Said easement being 50 feet on each side of the following described centerline and as shown on
Exhibit A-2, attached hereto;
Commencing at a point of reference at the southwesterly corner of Lot 6 of Ice Harbor Development;
Thence S 59" 04' 55" E (Recorded S 59" 02' 10" W) 249.81 feet along the southerly line of said Lot 6 to
a point of intersection with the centerline of an existing 161 KV overhead electric line said point being
the paint of beginning (this is an assumed bearing for the description only based upon Dubuque Area
Geographic Information System);
Thence N 00" 20' 58" E 174.86 feet along said centerline to an existing power pole near the northwest
corner of the Casino Bell Building;
Thence N 31" 05' 47" E 975.01 feet continuing along said centerline to an existing power pole at the
southwest corner of E. 5th Street and Bell Street;
Thence N 36" 23' 04" E 740.33 feet continuing along said centerline to the center of an existing steel
tower structure on Lot D of Riverwalk 5th Addition;
Thence N 8" 58' 25" W 244.32 feet, continuing along said centerline to a point of intersection with the
northerly line of Lot 1 of Riverwalk 6th Addition also being the southerly right of way line of the Canadian
National/Illinois Central Railroad, said point being the terminus of the centerline of the easement.
I Ronald J, Turner, licensed Land Surveyor in the State of Iowa, do hereby certify that the above
centerline description was written by me or under my direct personal supervision.
Ronald J. Turner
IA License No. 9651
License renewal date: Dec. 31, 2006
Date
ELECLNES.DOC/REVISED 04/11/06
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Prepared By: Ted Francois, Interstate Power and Light Company - PO Box 351 - Cedar Rapids, IA 52406-9949 (319) 786-4823
Return To: Ted Francois Interstate Power and Licht Comoanv PO Box 351 - Cedar Raoids IA 52406-9949 (319) 786-4823
SPACE ABOVE THIS LINE FOR RECORDER
PARTIAL RELEASE OF EASEMENT
Interstate Power and Light Company, an Iowa corporation, (f/k1a Interstate Power
Company) does hereby release the Electric Line Easement ("Easement") as recorded
with the Dubuque County Recorder on the 21 st day of December, 1948 in Book
129, Page 534 as to the real estate described in Exhibit A-1 and shown on Exhibit A-2,
attached hereto.
Except to the extent specificallv released in this Partial Release, the remalnlnQ real
estate which is included in the Easement shall not be released from the Easement. and
the Easement shall remain in full force and effect as to real estate not specificallv
released.
Signed this
Qo~
day of
Apr,'/
I
,20 D0
INTERSTATE POWER AND LIGHT COMPANY
BY:~~~~.\~
Vem Gebhart, Vice President - Field Operations
g:\'vVp\Dubuque Partial Release- Ice Harbor 1 040606bal.doc
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA )
COUNTY OF DUBUQUE )
On this Jo~ day of Af") ,200~, before me, the undersigned, a
Notary Public in and for said State, personally appeared Vern Gebhart. Vice
President - Field Ooerations to me personally known 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.
L!Le ofp1L::'
../ 1 . ..4ign in ink)
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(Notary Seal)
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COIllllSSION NlMBER,_
MY COIolMIS8ION ElCPIIlE8
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~i-~ W. ~c~"J (prinVlypename)
Notary Public in and for State of Iowa
g:\wp\Dubuque Partial Release- Ice Harbor 1 040606bal.doc
Exhibit A-1
Lots 3, 5, and 6 all in Ice Harbor Development;
East Third Street;
Bell Street;
Public alley north of E. 3'd Street and west of Bell Street;
Lot 2 of Adams Company's Second Addition;
East Fifth Street;
Lots 1, 2, B, C and D of Riverwalk 5th Addition;
Lot 1 of Riverwalk 6th Addition;
all in the City of Dubuque, Dubuque County, Iowa.
g:\wp\Oubuque Partial Release- Ice Harbor 1 040606bal.doc
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Prepared By: Ted Francois. Interstate Power and Light Company - PO Box 351 - Cedar Rapids. IA 52406-9949 (319) 786-4823
Return To: Ted Francois Interstate Power and Licht Comoanv PO Box 351 - Cedar Raoids IA 52406-9949 (319) 786-4823
SPACE ABOVE THIS LINE FOR RECORDER
PARTIAL RELEASE OF EASEMENT
Interstate Power and Light Company, an Iowa corporation, (f/k/a Interstate Power
Company) does hereby release the Electric Line Easement ("Easement") as recorded
with the Dubuque County Recorder on the 6th day of Seotember, 1978 in
Instrument number 8511-78 as to the real estate described in Exhibit A-1 and shown
on Exhibit A-2. attached hereto.
Exceot to the extent soecifically released in this Partial Release. the remalnlnQ real
estate which is included in the Easement shall not be released from the Easement. and
the Easement shall remain in full force and effect as to real estate not soecifically
released.
Signed this
dot:)
day of
Apr,1
I
, 20 0 G,
INTERSTATE POWER AND LIGHT COMPANY
BY:~' -~~ ~
Vern Gebhart, Vice President - Field Operations
Atte
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g:\wp\Dubuque Partial Release- Ice Harbor 3 040606bal.doc
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA )
COUNTY OF DUBUQUE )
On this ::fOt~ day of -.At" ( ,200..k, before me, the undersigned, a
Notary Public in and for said State, personally appeared Vern Gebhart. Vice
President - Field Ooerations to me personally known, 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. l pI /] ;} fl () .
(Notary Seal) ~&). ~nlnk)
~are lJ. r;(;'v[~d (print/type name)
Notary Public in and for State 'Of Iowa
THIIOOOflE W. I'lWICOIlI
COUfUSBION NUMBER 11S214
MY ElCPlAE8
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g:\wp\Dubuque Partial Release- Ice Harbor 3 040606bal.doc
Exhibit A-1
Lots 3, 5, and 6 all in Ice Harbor Development;
East Third Street;
Bell Street;
Public alley north of E. 3'd Street and west of Bell Street;
Lot 2 of Adams Company's Second Addition;
East Fifth Street;
Lots 1, 2, B, C and D of Riverwalk 5th Addition;
Lot 1 of Riverwalk 6th Addition;
all in the City of Dubuque, Dubuque County, Iowa.
g:\wp\Dubuque Partial Release- Ice Harbor 3 040606bal.doc
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Prepared By: Ted Francois. Interstate Power and Light Company - PO Box 351 - Cedar Rapids, IA 52406-9949 (319) 786-4823
Return To: Ted Francois Interstate Power and Licht ComDanv - PO Box 351 - Cedar RaDids IA 52406-9949 (319) 786-4823
SPACE ABOVE THIS LINE FOR RECORDER
PARTIAL RELEASE OF EASEMENT
Interstate Power and Light Company, an Iowa corporation, (f1k1a Interstate Power
Company) does hereby release the Electric Line Easement ("Easement") as recorded
with the Dubuaue County Recorder on the 15th day of December, 1978 in
Instrument number 11843-78 as to the real estate described in Exhibit A-1 and shown
on A-2. attached hereto.
Except to the extent specificallv released in this Partial Release. the remainina real
estate which is included in the Easement shall not be released from the Easement. and
the Easement shall remain in full force and effect as to real estate not specificallv
released.
Signed this
;~o~
day of
Apf,-I
I
,20 DC,
INTERSTATE POWER AND LIGHT COMPANY
By: \1. ~A~~_ ~
Vern Gebhart, Vice President - Field Operations
A<<em ) .. .. I
,,~":(.l Ijl '
g:\wp\Dubuque Partial Release- Ice Harbor 2 040606bal.doc
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA )
COUNTY OF DUBUQUE )
On this ~Dih. day of Atv-; ( ,200~, before me, the undersigned, a
Notary Public in and for said State, personally appeared Vern Gebhart. Vice
President - Field Ooerations to me personally known, 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 i ment the person(s) acted, executed the
instrument.
(Notary Seal)
(sign in ink)
Ji;Z.~l"e..IJ. ~1lJ1Cv;} (print/type name)
Notary Public in and for State of Iowa
i' '.
: J
. .
ow
THEOIIOfII! W. I'lWICOII
COMI.S8ION NUMBER'_
MY COMMISSION ElCPIAE8
I J
g;\wp\Dubuque Partial Release- Ice Harbor 3 040606bal.doc
Exhibit A-1
Lots 3, 5, and 6 all in Ice Harbor Development;
East Third Street;
Bell Street;
Public alley north of E. 3'd Street and west of Bell Street;
Lot 2 of Adams Company's Second Addition;
East Fifth Street;
Lots 1, 2, B, C and D of Riverwalk 5th Addition;
Lot 1 of Riverwalk 6th Addition;
all in the City of Dubuque, Dubuque County, Iowa.
g:lwplDubuque Partial Release- Ice Harbor 2 040606bal.doc
Prepared By: Ted Francois. Interstate Power and Light Company - PO Box 351 - Cedar Rapids. IA 52406-9949 (319) 786-4823
Return To: Ted Francois Interstate Power and Licht ComDanv - PO Box 351 - Cedar Raoids IA 52406-9949 (319) 786-4823
SPACE ABOVE THIS LINE FOR RECORDER
PARTIAL RELEASE OF EASEMENT
Interstate Power and Light Company, an Iowa corporation, (f/k1a Interstate Power
Company) does hereby release the Electric Line Easement ("Easement") as recorded
with the Dubuaue County Recorder on the 15th day of December, 1978 in
Instrument number 11843-78 as to the real estate described in Exhibit A-1 and shown
on A-2. attached hereto.
Exceot to the extent soecificallv released in this Partial Release. the remalnlna real
estate which is included in the Easement shall not be released from the Easement. and
the Easement shall remain in full force and effect as to real estate not soecificallv
released.
Signed this
:Jo+J
day of
A/,'-J~ (
,20 O~
INTERSTATE POWER AND LIGHT COMPANY
By: \1. ~~~r ~
Vern Gebhart, Vice President - Field Operations
Attest
g:\wp\Dubuque Partial Release- Ice Harbor 2 040606bal.doc
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA )
COUNTY OF DUBUQUE )
On this ~Dih. day of Atr; ( , 200.k, before me, the undersigned, a
Notary Public in and for said State, personally appeared Vem Gebhart. Vice
President - Field ODerations to me personally known, 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 i ment the person(s) acted, executed the
instrument.
(Notary Seal)
(sign in ink)
~.Ro,. e-lJc ~ tl.f1U.l U (prinUlype name)
Notary Public in and for State of Iowa
i..
o .
. .
. .
ow
THeOOClIle W. I'llANCOl8
COMMISSION NUMBER 175284
MY COMMISSION EXPIRES
.\ d ;}<.'i;';;,
g:\wp\Dubuque Partial Release- Ice Harbor 3 040606bal.doc
Exhibit A-1
Lots 3, 5, and 6 all in Ice Harbor Development;
East Third Street;
Bell Street;
Public alley north of E. 3rd Street and west of Bell Street;
Lot 2 of Adams Company's Second Addition;
East Fifth Street;
Lots 1, 2, B, C and D of Riverwalk 5th Addition;
Lot 1 of Riverwalk 6th Addition;
all in the City of Dubuque, Dubuque County, Iowa.
g:\wp\Oubuque Partial Release- Ice Harbor 2 040606bal.doc
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MEMORANDUM
April 24, 2006
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 Dave Heiar recommends that a public hearing be set
for May 15, 2006, to consider the granting of a 100 foot wide easement to Interstate
Power Company (Alliant) in the Port of Dubuque.
Alliant currently has a 125 foot wide easement, and this will reduce the size of the
easement to 100 feet and provide for some potential utilization within the easement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MJ k (l~~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Heiar, Economic Development Director
THECITYOF (._--~
[)CTBlJ6tJ E:
~</k.~
MEMORANDUM
April 24, 2006
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 (Alliant) and its successors a revised
permanent transmission line easement in the Port of Dubuque. The total width of the
easement was 125 feet. There were also two previous easements over these areas that
were never rescinded.
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 three easements that have been recorded for this corridor
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.
The City Council did start this process in September of 2005, however, just before the
scheduled public hearing; Alliant requested a change in the easement language. We
now have mutually acceptable language and an easement which has been signed by
Alliant.
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 recommend that the Council approve a resolution to set a public hearing for May 15,
2006 to consider the granting of a 100 foot wide easement as shown on the attachment,
which will replace the existing easements to Alliant.
F:\USERS\OHeianOubuque Harbor - Electric Line Easement\Alliant Easement in Port of Dubuque memo to MVM.doc
~ 'I AlLlANT
~ ENERGY
Interstate Power and Light Co.
An Alliant Energy Company
April 21, 2006
Corporate Headquarters
Alliant Tower
200 First Street SE
P.O. Box 351
Cedar Rapids, IA 52406-0351
Mr. David J. Heiar
Economic Development Director
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001-1733
Office: 1.800.811.4348
www.alliantenergy.com
RE: Ice Harbor Easements and Partial Releases
Dear Mr. Heiar,
Please find the executed Electric Line Easement and three Partial Release of Easements
attached to this letter. It is our intention to have the City of Dubuque sign the Electric
Line Easement which would then be recorded at the Dubuque County Courthouse along
with the three partial releases. By recording these documents together it will illustrate
how this electric line easement will replace the portion of the old easements that cover
this same area.
If you need further assistance please contact me at 319-786-4823. I appreciate your
efforts in making this happen.