McGraw Hill Parking LotTHE CITY QF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
May 7, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: McGraw-Hill Parking Lot
The City needs to acquire a small piece of property in the Port of Dubuque from
Interstate Power & Light Company where they previously had a substation. This
property is along 5th Street where the new public parking lot is being built by McGraw-
Hill.
Interstate Power needs an easement along the railroad tracks from Ice Harbor Drive to
Bell Street for future underground electrical services.
City Attorney Barry Lindahl has drafted a Purchase Agreement where the City will pay
$12 per square foot ($100,044.96) for the Interstate Power property and Interstate
Power will pay the City a like sum for the easement. This agreement includes a license
agreement for a City storm sewer through the property and an access easement, both
to facilitate work prior to closing.
American Grain has aright-of-first-refusal to purchase the Interstate Power property,
and if they exercise that option, Interstate Power will provide that money to the City to
provide funds for the City to negotiate with American Grain for purchase of the site. In
any case, Interstate Power will be protected from any out-of-pocket expense.
Barry Lindahl is recommending that he be authorized to complete negotiations on the
Purchase Agreement and the Underground Electrical Services Agreement that is
attached to the Purchase Agreement, and that the City Manager be authorized to sign
the agreements if they are in substantial compliance with the draft and the review in this
memorandum.
In a separate agreement with McGraw-Hill, City Attorney Barry Lindahl is
recommending approval of an indemnification agreement for McGraw-Hill as they do
work in this area.
concur with the recommendations and respectfully request Mayor and City Council
approval and that a public hearing be set for May 21, 2007 on the City providing the
underground electrical easement to Interstate Power & Light Company.
~ ~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
INDEMNIFICATION AGREEMENT
This Indemnification Agreement ("Agreement") is effective % ~' , 2007, between the City of
Dubuque, Iowa, a municipal .corporation("City"), and The McGraw-Hill Companies, Inc., a New York
corporation ("McGraw-Hill").
1. Recitals. On June 19, 2006, the City and McGraw-Hill entered into a Development Agreement
("Development Agreement") under which McGraw-Hill undertook to construct the Project in the
Project Area, as those terms are defined in the Agreement. Under section 12.1 of the Agreement,
McGraw-Hill also undertook to construct parking lot improvements on land adjacent to the Project
owned by the City. The driveway to the parking lot improvements is owned by Interstate Power and
Light Company ("Interstate"), and subj ect to a right of first refusal in favor of a third party. The City
has obtained a permanent easement from Interstate which, inter alia, will permit construction of the
driveway and associated improvements (the "Easement"). In consideration of McGraw-Hill
proceeding with the construction of the driveway and related improvements, the parties agree as
follows below.
2. Indemnification. The City shall indemnify and save harmless McGraw-Hill, its successors and
assigns, from all suits, actions or claims of any. character brought because of any injuries or damage
received or sustained by any person, persons or property because of any claim that Interstate did not
have the legal authority to grant the Easement, that the City or McGraw-Hill had no right of access
to the Interstate property, or any related types of claims. The. City shall at all times indemnify and
save McGraw-Hill, its successors and assigns, harmless from and against all liability, loss, damages,
costs and expenses, including attorney's fees, which McGraw-Hill may for any cause at any time
sustain or incur by reason of its having proceeded with the construction of the driveway and
associated improvements.
3. Fulfillment of Terms. The' construction of the driveway and related improvements as required by
the Development Agreement shall fulfill McGraw-Hill's obligations regarding the same under the
Development Agreement. Any demolition, reconstruction or relocation of the driveway and related
improvements, other than that caused by the act or omission of McGraw-Hill to construct the same
in accordance with the Development Agreement, shall be at the sole cost of the City.
4. General Terms and Conditions. The General Terms and Conditions of the Development
Agreement are incorporated herein as though fully set forth.
Execution By Facsimile. The parties agree that this Agreement may be transmitted between them
by facsimile machine. The parties intend that the faxed signatures constitute original signatures and
that a faxed Agreement containing the signatures (original or faxed) of all the parties is binding on
the parties.
wp60docs\CorporationsVvlcGraw-Hill Companies, Inc., The\Office Building\Indemnification Agreement 5.3..07
Page 1 of 2
In Witness Whereof, the parties hereto have duly executed this Agreement effective the date first written.
above.
The City of buque, Iowa
By:
R . Buol, Mayor
The McGraw-Hill Companies, Inc.
By:
~`'I~ -FT ~~~
BY/ ~~.~il.~;l,1.~~4
~ Jeanne F. Schneider, City Clerk
Page 2 of 2
Alliant Energy Easement
Tl i !" T1 1 T
100 50 0 100 200 Feet Legend N THE CITY OF
r w E DUB E
i _ _ }Parcel
1 inch equals 200 feet Alliant Energy Easement g Masterpiece on the Mississippi
OFFER AND ACCEPTANCE
TO Interstate Power and Light Company
REAL ESTATE DESCRIPTION. The Buyers offer to buy real estate in Dubuque County, Iowa, described as
follows:
A part of Lot 2 of 21, a part of Lot 2 of 22, a part of Lot 2 of 23, each in Block 26, Dubuque Harbor Improvement
Company Addition, in the City of Dubuque, Iowa, being comprised and made up of all that part of said lots lying
southerly of the southerly line of Fourth Street Extension; and Lot One (1) of Lot 22, Lot 1 of Lot 23, Lot 1 of Lot
24, Lot 2 of Lot 24, Lot 1 of Lot 25, Lot 2 of Lot 25, and Lot 26, each in Block 26 of Dubuque Harbor Improvement
Company's Addition in the City of Dubuque, Iowa, as shown on plat in Book of Plats 27, page 66, Dubuque
County Records, filed July 27, 1960.
with any easements and appurtenant servient estates, but subject to the following: a) any zoning and other
ordinances; b) any covenants of record; c) any easements of record for public utilities, roads and highways; and d)
(consider: liens, mineral rights; other easements; interest of others) ,designated the Real
Estate, provided Buyers, on possession, are permitted to make the following use of the Real Estate:
23. 2. PRICE. The purchase price shall be $ $12.00 per square foot ,payable at DUBUQUE
County, Iowa, as follows: $1.00 EARNEST MONEY PAID HEREWITH TO BE HELD IN TRUST UNTIL
CLOSING, WHICH SHALL BE PRIOR TO POSSESSION, AND THE BALANCE TO BE PAID IN CASH AT
CLOSING. In consideration for the conveyance of the Real Estate, the Buyer will grant an Underground Electric Line
Easement as shown in the attached Exhibit "C. The parties acknowledge that the value of the Underground Electric
Line Easement is equal to the total purchase price for the Real State paid by the Buyer to the Seller of $12.00 per
square foot.
REAL ESTATE TAXES. Sellers shall pay all taxes which are a lien prior to possession and any unpaid real estate
taxes payable in prior years. Buyers shall pay all subsequent real estate taxes. Any proration of real estate taxes on
the Real Estate shall be based upon such taxes for the year currently payable unless the parties state otherwise.
4. SPECIAL ASSESSMENTS.
a. Sellers shall pay all special assessments which are a lien on the Real Estate as of the date of acceptance of this
offer.
b. IF a. IS STRICKEN, then Sellers shall pay all installments of special assessments which are a lien on the Real
Estate and, if not paid, would become delinquent during the calendar year this offer is accepted, and all prior
installments thereof.
c. All other special assessments shall be paid by Buyers.
RISK OF LOSS AND INSURANCE. Risk of loss prior to Seller's delivery of possession of the Real Estate to Buyers
shall be as follows:
a. All risk of loss shall remain with Sellers until possession of the Real Estate shall be delivered to Buyers.
b. IF a. IS STRICKEN, Sellers shall maintain $ 0.00 of fire, windstorm and extended coverage insurance
on the Real Estate until possession is given to Buyers and shall promptly secure endorsements to the
appropriate insurance policies naming Buyers as additional insureds as their interests may appear. Risk of loss
from such insured hazards shall be on Buyers after Sellers have performed additional insureds as their interests
may appear. Risk of loss from such insured hazards shall be on Buyers after Sellers have performed under this
paragraph and notified Buyers of such performance. Buyers, if they desire, may obtain additional insurance to
cover such risk.
The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to
Buyers, provided, however, if 5.a. is stricken and there is loss or destruction of all or any part of the Real Estate
together with such insurance proceeds in lieu of the Real Estate in its present condition and Sellers shall not be
required to repair or replace same.
POSSESSION. If Buyers timely perform all obligations, possession of the Real Estate shall be delivered to Buyers
on , 20 ,with any adjustment of rent, insurance, and interest to be made as of the date of transfer of
possession.
FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such
as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters,
water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and
electrical service cable, outside television towers and antenna, fencing, gates, and landscaping shall be considered a
part of Real Estate and included in the sale except: (consider: rental items.)
9. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other
liens and to acquire outstanding interests, if any, of others.
10. ABSTRACT AND TITLE. Sellers, at their expense, shall promptly obtain an abstract of title to the Real Estate
continued through the date of acceptance of this offer, and deliver it to Buyers for examination. It shall show
merchantable title in Sellers in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar
Association. The abstract shall become the property of the Buyers when the purchase price is paid in full. Sellers
shall pay the costs of any additional abstracting and title work due to act or omission of Sellers, including transfers by
or the death of Sellers or their assignees.
11. DEED. Upon payment of purchase price, Sellers shall convey the Real Estate to Buyers or their assignees, by
Warranty Deed, free and clear of all liens, restrictions and encumbrances except as provided in 1.a.
through 1.d. Any general warranties of title shall extend only to the time of acceptance of this offer, with special
warranties as to acts of Sellers continuing up to time of delivery of the deed.
12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If the Sellers, immediately preceding acceptance of this
offer, hold the title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later
destroyed by operation of law or by acts of the Sellers, then the proceeds of this sale, and any continuing or
recaptured rights of Sellers in the Real Estate, shall belong to Sellers as joint tenants with full rights of survivorship
and not as tenants in common; and Buyers, in the event of the death of either Seller, agree to pay any balance of the
price due Sellers under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent
with paragraph 11.
13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately preceding acceptance of this
offer, executes this contract only for the purpose of relinquishing all rights of dower, homestead and distributive
shares or in compliance with Section 561.13 of the Iowa Code and agrees to execute the deed or real estate contract
for this purpose.
14. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
15. REMEDIES OF THE PARTIES:
a. If Buyers fail to timely perform this contract, Sellers may forfeit it as provided in the Iowa Code, and all payments
made shall be forfeited or, at Seller's option, upon thirty days written notice of intention to accelerate the
payment of the entire balance because of such failure (during which thirty days such failure is not corrected)
Sellers may declare the entire balance immediately due and payable. Thereafter this contract may be
foreclosed in equity and the Court may appoint a receiver.
b. If Sellers fail to timely perform this contract, Buyers have the right to have all payments made returned to them.
c. Buyers and Sellers also are entitled to utilize any and all other remedies or actions at law or equity available to
them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law.
16. STATEMENT AS TO LIENS. If Buyers intend to assume or take subject to a lien on the Real Estate, Sellers shall
furnish Buyers with a written statement from the holder of such lien, showing the correct balance due.
17. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this contract shall be on a form of
the Iowa State Bar Association.
18. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court approval, the fiduciary shall promptly
submit this contract for such approval. If this contract is not so approved it shall be void.
19. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in
interest of the parties.
20. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine,
feminine or neuter gender, according to the context.
21. TIME FOR ACCEPTANCE. If this offer is not accepted by Sellers on or before , 20 it shall
become void and all payments shall be repaid to the Buyers.
22. A. ENVIRONMENTAL CONDITIONS. This Offer to Buy is expressly contingent upon the receipt by Seller on or
before possession, of results satisfactory to it of any investigation, tests, audits, examinations or analysis of the
environmental condition of the property. All costs of performing the environmental assessments and testing with
respect to the above described property shall be borne by Seller. If, for any reason, Seller determines that the
property to be sold is not in satisfactory environmental condition, in its sole and absolute discretion, Seller may
terminate this Offer and Buyer's earnest money shall be returned.
B. Property Condition. Buyer agrees to take possession of the premises and all improvements "AS IS" without
representations or warranties expressed or implied by Seller.
24. Seller will grant a License Agreement for Storm Sewer in the form attached as Exhibit "A". Seller will also grant an
Access Easement to cover the construction of a driveway, grading and seeding of a portion of the property, in the
form attached as Exhibit "B".
25. Buyer acknowledges this Offer and Acceptance is subject to First Right of Refusal as recorded in Instrument No.
8572-80 at the Dubuoue County Recorder's Office . In the event the holder of the First Right of Refusal exercise
its right to purchase the Real Estate, Seller will pay to Buyer the amount of the purchase price paid by the holder
to Seller.
DATED:
Buyer
Buyer
This offer is accepted ,20
Seller
Seller
08Aseller.DOC
REVISED 11!99
r
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f
LICENSE AGREEMENT (STORM SEWER)
THIS LICENSE AGREEMENT (this "License") is made this day of
2007, between Interstate Power and Light Company (hereinafter called
"IPL"), and THE CITY OF DUBUQUE (hereinafter called "Licensee"),
WITNESSETH:
In consideration of the following rights and obligations and the payment of ( )and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
IPL hereby grants Licensee the uninterrupted right to specific and limited use of certain
premises, situated in the County of State of Iowa, more specifically described as follows
(the "Premises"):
as depicted more particularly by the attached plat, marked Exhibit A, hereby incorporated in this
License by this reference.
I . PURPOSE: Licensee's use of the Premises shall be for the sole purpose of installing,
operating, inspecting, repairing, using, managing, maintaining one 60 inch diameter
storm sewer culvert in, under and across the Premises (hereinafter referred to as the
"Facility"), in accordance with the specifications as referenced in Exhibit B. Following
installation, Licensee shall provide IPL with as-built drawings associated with the
Facility.
IPL reserves the right to use, occupy and enjoy its property for such purpose, in such
manner, and at such time as it shall desire, provided such use does not directly interfere
with Licensee's rights under this License. If any such use shall necessitate any change
in the location or burial of the Facility, or any part thereof, such changes as may be
reasonable shall be made by Licensee at IPL's direction, at the expense of Licensee,
promptly following written demand of IPL. IPL shall have the right at any time by giving
ninety (90) days notice in writing to Licensee to require Licensee at its expense, to relocate
or modify the facility so as to conform to any other uses IPL may desire to make of its
property.
2. TERM: Except as provided to the contrary herein, Licensee is permitted to use the
Premises in accordance with the terms of this License, together with the right of ingress
to and egress from the Premises in perpetuity. IPL hereby permits the use of the
Premises without divesting IPL of the rights to use and enjoy the Premises, subject only
to the right of Licensee to use the same for the purposes herein expressed. IPL may
terminate this License at any time, by providing Licensee at least thirty (30) days' prior
notice to that effect, if Licensee is in default of this License and such default of this
License continues for at least thirty (30) days after reasonably detailed notice thereof has
been given to Licensee, which thirty (30) day period of time shall be extended for such
time thereafter as is commercially reasonable to cure such default if the Licensee can
demonstrate to the reasonable satisfaction of IPL that Licensee has commenced to cure
such default within the thirty (30) day period of time and thereafter has made
commercially reasonable efforts to prosecute such cure.
Upon any termination of this License, Licensee shall promptly remove the Facility in a
manner reasonably satisfactory to IPL, and leave the Premises in the same condition in
which they were before the installation of the Facility as nearly as is reasonably
practicable. Upon failure of Licensee to do so, IPL may perform such work and restore
the Premises, and Licensee shall promptly reimburse IPL for the costs incurred by IPL to
complete such work following demand therefor.
INSTALLATION:
A. Absent emergency, Licensee shall provide IPL at least forty-eight (48) hours'
advance notice in advance of entry upon the Premises for purposes of
construction and maintenance. In the event of an emergency, Licensee shall notify
IPL contact person prior to accessing the Premises.
4. NOTICES: All notices, requests, .demands, consents, waivers, and other
communications required or permitted to be given hereunder must be in writing and
delivered personally, or by certified mail, postage prepaid, return receipt requested, or by
nationally-recognized overnight delivery service, and shall be deemed to have been given
as of the date such notice is (a) delivered to the party intended, (b) delivered to the then
current address of the party intended, or (c) rejected at the then current address of the
party intended (provided such notice was sent prepaid). The initial address of the parties
shall be:
-2-
With respect to IPL:
With respect to Licensee:
Upon prior written notice of at least ten (10) business days, either party shall have the
right to change its address to any other address within the United States of America.
5. LICENSE RUNS WITH LAND: Subject to the limitations contained herein, this
License shall apply to License, IPL and to their respective successors and assigns.
Licensee shall be entitled to record a Memorandum of License, in a form substantially
similar to that set forth in Exhibit C to document its interest in the above described
Premises.
6. ABANDONMENT: The failure of Licensee to use the Premises for any Permitted Use
for three hundred sixty-five (365) consecutive days at any one time shall be deemed an
abandonment thereof, except as set forth in this paragraph. An abandonment of the
Premises by Licensee shall, at the option of IPL, operate as an absolute termination of
this License after ten (I O) days' notice by IPL to Licensee to that effect.
7. LAWS AND REGULATIONS; GOVERNING LAW: Licensee shall, without cost to
IPL comply with all local, state and federal laws, rules, regulations and ordinances of all
governmental authorities with jurisdiction concerning Licensee's use of the Premises for
any Permitted Use ("Applicable Legal Requirements"). The parties agree that this
License shall be governed by the laws of the State of Iowa notwithstanding any conflict
of laws or choice of law principles to the contrary.
8. INDEMNITY: Licensee shall indemnify, defend and hold one IPL harmless from and
against any and all claims, demands, losses, damages, cost and expenses (including, but
not limited to, court costs, fines, penalties and reasonable attorneys' fees, but excluding
consequential or indirect damages), judgments, liabilities and causes of action of any
nature whatsoever resulting from or relating to its use or occupancy of the Premises, a
default of this License, or arising in any manner out of the acts or omissions of Licensee
its agents, employees, or contractors in connection with the License or with the use or
occupancy of the Premises, or with respect to the violation of any laws, including without
-3-
limitation, any environmental laws. Licensee shall indemnify and defend IPL for, from
and against any and all mechanics' liens and other liens and encumbrances filed by any
person claiming by, through or under Licensee and against all costs, expenses, losses and
liabilities (including reasonable attorneys' fees) incurred by IPL in connection with any
such lien or encumbrance or any action or proceeding brought thereon.
9. RESTRICTIONS ON LICENSEE: HAZARDOUS SUBSTANCES: Licensee shall
not cause nor permit any Hazardous Substance to be used, stored, generated, or disposed
of on or in the Premises by Licensee, its agents, employees, contractors or invitees in
violation of Applicable Legal Requirements, without first obtaining IPL's written
consent, which may be withheld at IPL's sole and absolute discretion. If Hazardous
Substances are used, stored, generated, or disposed of on or in the Premises by Licensee,
its agents, employees, contractors or invitees in violation of Applicable Legal
Requirements, or if the Premises become contaminated in any manner for which Licensee
is legally liable, Licensee shall indemnify, defend, and hold harmless IPL pursuant to
Paragraph 8 herein. This indemnification also includes, without limitation, any and all
costs incurred because of any investigation of the Premises or any cleanup, removal, or
restoration mandated by a federal, state, or local agency or political subdivision,
specifically including costs incurred pursuant to the Comprehensive Environmental
Response, Compensation, & Liability Act ("CERCLA" or "Superfund"), 42 U.S.C.
§ 9601 et seq. related to a release from the Facility. In addition, if in the course of using
the Premises for any Permitted Use, Licensee causes or permits the presence of any
Hazardous Substance on the Premises in violation of Applicable Legal Requirements and
this results in contamination, Licensee shall promptly, at its sole expense, take any and all
necessary actions to remediate the Premises to satisfy all Applicable Legal Requirements;
provided, however, that Licensee shall first obtain IPL's approval for any such remedial
action.
As used herein, "Hazardous Substance" means any substance which is listed as
"hazardous" or "toxic" or listed in the regulations implementing CERCLA. "Hazardous
Substance" includes any and all material or substances which are defined as "hazardous
waste," "extremely hazardous waste," or a "hazardous substance," pursuant to state,
federal, or local governmental law. "Hazardous Substance" includes, but is not restricted
to, asbestos, polychlorinated biphenyls ("PCBs"), petroleum and petroleum products.
10. INSURANCE: Grantee shall maintain public liability insurance coverage or
equivalent coverage in The Iowa Communities Assurance Pool throughout the term of this
Easement Agreement, so as to protect and indemnify GRANTOR from any and all suits or
claims arising out of Grantee's use of the Premises. Such insurance shall be
comprehensive in nature, including, but not limited to, contractual liability. In addition,
such insurance shall contain limits not less than $1,000,000 combined single-limit person
-4-
injury and property damage. Grantee's failure to meet this insurance requirements shall not
relieve Grantee of its responsibilities under this License. Upon proof of financial
responsibility to the satisfaction of GRANTOR, Grantee may be allowed self-insure the
coverages indicated herein resulting from the acts or omissions of Grantee, Grantee's
agents or employees. Grantee shall provide GRANTOR with certificates of insurance or
letter of self-insurance which shall be on file with GRANTOR and remain in effect for the
duration of the License.
11. PASSAGEWAY AND ASSUMPTION OF RISK: In the event Licensee, its agents,
contractors, employees or customers must enter other property of IPL to gain access to
and/or from the Premises all such persons shall comply with any reasonable limitations or
restrictions imposed by IPL, and Licensee hereby expressly assumes all risks of accident,
injury or loss to such persons and their property having access to the Premises in
connection with Licensee's business, unless caused by the negligence or willful acts of
IPL or its employees, agents or contractors.
IN WITNESS WHEREOF, the parties hereto have executed in duplicate this License on the day
and year first above written.
By:
(Licensee)
By:
Address:
[Acknowledgments Follow on Next Page]
DSMS 1:40048444.04
-5-
DSMS 1:40048444.04
-6-
EXHIBIT B
Specifications
Storm Water Culvert:
Work shall include trench excavation, pipe bedding material placement in the
trench, installation of a 60 IN. concrete reinforced pipe, backfill of the trench,
grading of the excavation and turf establishment.
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CONSTRUCT 84" STORM MANHOLE STA. 11+45.15
' NEENAN CASTING R-1641-A CONSTRUCT 48" STORM MANHOLE
RIM EL. 605.50 NEENAH CASTING R-2501
INL. EL. 595.18 GRATE EL. 605.00
iNY. El. 595.05 INU EL @0023
~ INL. EL. 601.40-4"
STA. 16+79.87
CONSTRUCT 84" STC42M MANHOLE S~A Q10+22.15
.NEENAH CASTING R-3015 CONSTRUCT CATCH BASIN
'GRATE EL 604.30 TYPE 101-C PER qTY DETAILS F
INV. EL 595.80 fdtATE EL. 605.00
' INL EL. 599,80-4' INV. EL 600.95
~ ~ INL EL. 802.12-4"{2}
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3 CONSTRUCT 72" STORM MANHCiE STA. 11+64.65
NEENAH GASTiNC R-3015 CONSTRUCT CATCH BA9N
S GRATE EL BQ4,50 TYPE 101--0 PER CITY DETAILS
,lNV, El. 596.88 GRATE EL 605.10
< E1NL. EL. 599.55-4" d4V. EL 601.10
i~ 91L EL. 602.27-4"{2) 2
,STA, 16+48.15 CB-12
c~ JCONSTRUCT 72" STORM MANHOLE STA. 12+72.65 Z
3NEENAH CASTING R-2501 CONSTRUCT CATCH BASYN
IGRATE EL 60470 TYPE 101-C PER qTY DETAILS
„~ INV. EL. 59732 GRATE £L. BOS.OO
INL. EL 600.00-4' INV. EL BC1.IXI i
. INL EL 602.17-4'{2) L
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1 STA. 15+15,15
CONSTRUCT 60' STORM MANHOLE CONSTRUCT CATCH BASIN
EENAH CASTING R-2501 TYpE 101-C PER qTY DETAILS
?GRATE EL 60480 GRATE EL. 604.40
ANY, EL 597.87 INV. EL B00.90
ifNL EL. 660.04-4" INL EL 601.82-4"{2)
CONTRACTOR TO PROVIDE OPENING CONTRACTOR TO PROVIDE OPENING TG
)Ttl CONNECT ELECTRICAL TRENCH CONNECT ELECTRICAL TRENCH DRNN
bRA1N
3~Z ST~A 15+23.15
STA. 13+95.65 CONSTRUCT CATCH BASIN
CONSTRUCT 60" STORM MANHOLE TYPE 101-G PER qTY DETAILS
NEENAH CASTINfl R-2561 GRATE EL 604.80
GRATE EL 6Q4.90 INV. EL 600.60
ENV, EL. 598.72 INL EL 601.72-4"
INL Et. 800.89-4" CONTRACTOR TO PROVbf OPENING TO
CONNECT ELECTRICAL TRENCH DRAIN
REMOVE
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e McGraw-Hill Campgnias, Inc. pdTltAt; CITY COLOR PATTERN
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46D Kerper Blvd HOR120NTAL AND VERTICAL SURVEY CONTROL IS BASED ON THE DUBUQUE
ubuque, Iowa 52(K)2 AREA CIS. 111E HORIZONTAL DATUM iS THE IOWA STATE PLANE COORDINATE
83-586-14?i1 SYSTEM, NORTH ZONE 1401 (MAD 83) 1991 ADJUSTMENT. THE VERTICAL
DATUM iS THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAND 88). - e-c~
ROP RTY AOORFSS;
01 BELL STREET, DUBUQUE, IOWA 52001
70 CONVERT FROM NORTH AMERICAN VERTICAL DATUM OF 1988 (NAYQ 88} •
TO NATIONAL GEODETIC VERTICAL DATUM OF 1929 {NGVD 29) ADD 0.14 FEET
I.R40-I41~E; TO THE ELEVATION SHOWN BY THIS SURVEY. :~ ' r '
HE PROPERTY SURVEYED 15 IN FLO00 20NE X {"AREA PROTECTED
ROM THE ONE PERCENT ANNUAL CHANCE {tOD-YEAR} FIOCD OF TO CONVERT FROM NORTH AMERICAN VERTICAL QATUM OF 1988 {NANO 88) Y
HE MiS~SSIPPI RIVER BY LEVEE, DiKE OR O1HER STRUCTURE TO IOWA DEPARTMENT OF TRANSPORTATION US HIG9WAY 61J151 VERTICAL
18JECT TO POSSIBLE fAlLURE OR OVERTOPPING WRING LARGER DATUM ADQ 0.32 FEET TO THE ELEVATION SHOWN BY THIS SURVEY --- rr
t000S:`) ACCORDING TO FEMA FLOW INSURANCE RATE MAPS yQg;
OMMUNITY-PANEL NUMBERS 195180 003 8 AND 1951$0 00fi B, CONTRACTOR SHALL CONSTRUCT IMPROVEMENTS PER CITY OF
RIED SEPTEMBER 8, 1989, QUBUQUE STANDARD SPEgFlCA11ONS EXCEPT A5 MOOIF7ED BY T f
ONING CLASSIFlCATItk1 PLANS.
:
UD
THIS "ATE CONTAINS 4.85 ACRES iMPERN0U5 SURFACE AREA.
ORT Of DUBUQUE PLANNED UNIT DEVELOPMENT qTY OF QUBUOUE
RDINANCE 31-02,INSTRUMENT NUMBER 7572-02, FlLEQ APRIL 12, ALL ABANDONED PIPES SHALL BE FlLLED W91H PLOWABLE MCRTAR. ~f'
002 OFFlGE OF THE DUBUQUE CWNTY RECORDER. d91E; ix
UlitlTiES SHOWN BY 7HiS SURVEY ARE
'
ONING RfDUIRfMENTS:
EFER TO CITY OF DUBUQUE ORDINANCE 31-02, PORT OF WBUQUE BASED ON GROUND LEVEL OBSERVATIONS
'~ H-
AND RECORD LOCA110NS. SUBSURFACE
ASTER PLAN ANQ DESIGN STANDARDS, AOOPTEb MARCH 4, 2002.
Uli(11Y lOCA11CN1S V~RE PROHOED BY - ~ _
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RIPTION IOWA ONE CALL UTILITY REQUEST NO. °o
~ ~'k
.
.
01 1 OF 1 OF RIVERWAtJC SIXTH ADDITION IN THE CITY ~' 061311937 PERFORMED ON MAY 16, 2006 l ~-
i ~~-
UBUQUE, DUBUQUE COUNTY, IOWA. AREA SURVEYED, 8.324 ACRES NOTES:
~ ' , ~ ~'
1 ,
1, tIGH11NG ANO LANDSCAPING TO BE
CONSTRUGTEO BY OTHERS
DET
,
AILS NOT ) REMOVE PAVEMEN? AND
FLOW ARROW !- J CURB & GU?1ER
~0~'
F9IISHED SPOT ELEVATION s~~ //
1. CONTRACTOR TO COORDINATE CONSTRUCTION N9TH L REf,ONSTRUGT 50 L.F.
CITY ~
x pUBUQUE PROJECTS BY DURRANT CONC. CURB ~ GUTTER
ENGINEERS
~
FlNI5HE6 TBC ELEVATION ~'
REVERSE GUTTER 3, IRRIGATION IS SHOWN ON FOLLOWING SHEETS,
~~ 0.1RB TO BE CadSTRUCIEQ BY OTHERS.
HOR[Z IOWA ONE CALL
FURNISH .k INSTALL fdd ~ Cl4IEi 1-800-292-8989
~ ~
IRRIGATION SYSTETA -~
- ~~""' EXISTING CONTOURS ARE PER GRIGiNAt SURVEY. f;RIUNNG HAS 1~EN
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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 Lioht Company - PO Box 351 -Cedar Rapids. IA 52406-9949 (319) 786-4823
SPACE ABOVE THIS LINE FOR RECORDER
ACCESS EASEMENT
For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the
receipt of which is hereby acknowledged, Interstate Power and Light Company. an Iowa
Corporation ("GRANTOR"), do(es) hereby warrant and convey unto The City of Dubuque, its
successors and permitted assigns ("Grantee") the right to cross the following described lands (the
"Premises") located in the County of Dubuque and the State of Iowa:
A Part of Lot 2 of Lot 21 AND Part of Lot 2 of Lot 22, AND Part of Lot 1 of Lot 22 AND Lot 1 of Lot 23
AND Lot 2 of Lot 23 each in Block 26, Dubuque Harbor Improvement Company's Addition, in the City of
Dubuque, Dubuque County, Iowa. See attached EXHIBIT A
for the sole purpose of accessing Grantee's parking lot (the "Permitted Use")
Grantee's access rights are subject to the following terms and conditions:
1. PURPOSE: Grantee's use of the Premises shall be for the sole purpose of constructing a
driveway, grading, and seeding the above described property. This easement will allow public
access across the driveway to the parking lot directly East and adjacent to the Premises. Grantee
shall assume all risk of loss and shall be solely responsible for the construction of the driveway, as
well as the maintenance and repair of said driveway. All such activities shall be subject to the
review and approval of the GRANTOR, who retains the right, but not the obligation, to require
modifications to the driveway and to request other improvements that relate to the safety of its
Premises. Grantee shall provide GRANTOR with as-built drawings associated with the
driveway. GRANTOR reserves the right to use, occupy and enjoy the Premises and its property for
such purpose, in such manner, and at such time as it shall desire, provided such use does not
directly interfere with Grantee's rights under this Easement.
2. ABANDONMENT: The failure of Grantee to exercise its Permitted Use rights for three hundred
sixty-five (365) consecutive days at any one time shall be deemed an abandonment thereof,
except as set forth in this paragraph. An abandonment of the Premises by Grantee shall, at the
option of GRANTOR, operate as an absolute termination of this Easement after ten (10) days'
notice by GRANTOR to Grantee to that effect.
3. LAWS AND REGULATIONS; GOVERNING LAW: Grantee shall, without cost to GRANTOR
comply with all local, state and federal laws, rules, regulations and ordinances of all
governmental authorities with jurisdiction concerning Grantee's use of the Premises. The parties
agree that this Easement shall be governed by the laws of the State of Iowa.
4. INDEMNITY: Grantee shall indemnify, defend and hold one GRANTOR harmless from and
against any and all claims, demands, losses, damages, cost and expenses (including, but not
limited to, court costs, fines, penalties and reasonable attorneys' fees, but excluding
consequential or indirect damages), judgments, liabilities and causes of action of any nature
whatsoever resulting from or relating to its use or occupancy of the Premises, a default of this
Easement, or arising in any manner out of the acts or omissions of Grantee its agents,
employees, or contractors in connection with the Easement or with the use or occupancy of the
Premises, or with respect to the violation of any laws, including without limitation, any
environmental laws and claims of third parties. Grantee shall indemnify and defend GRANTOR
for, from and against any and all mechanics' liens and other liens and encumbrances filed by
ACCESSESM.DOC, REVISED 05/05l078aF841a7
any person claiming by, through or under Grantee and against all costs, expenses, losses and
liabilities (including reasonable attorneys' fees) incurred by GRANTOR in connection with any
such lien or encumbrance or any action or proceeding brought thereon.
5. RESTRICTIONS ON GRANTEE: HAZARDOUS SUBSTANCES: Grantee shall not cause nor
permit any Hazardous Substance to be used, stored, generated, or disposed of on or in the
Premises by Grantee, its agents, employees, contractors or invitees. If Hazardous Substances
are used, stored, generated, or disposed of on or in the Premises by Grantee, its agents,
employees, contractors or invitees in violation of Applicable Legal Requirements, or if the
Premises become contaminated in any manner for which Grantee is legally liable, Grantee shall
indemnify, defend, and hold harmless GRANTOR pursuant to Paragraph 3 herein. As used
herein, "Hazardous Substance" means any substance which is listed as "hazardous" or "toxic"
or listed in the regulations implementing CERCLA.
6. INSURANCE: Grantee shall maintain public liability insurance coverage or equivalent coverage
in The Iowa Communities Assurance Pool throughout the term of this Easement Agreement, so
as to protect and indemnify GRANTOR from any and all suits or claims arising out of Grantee's
use of the Premises. Such insurance shall be comprehensive in nature, including, but not
limited to, contractual liability. In addition, such insurance shall contain limits not less than
$1,000,000 combined single-limit person injury and property damage. Grantee's failure to meet
this insurance requirements shall not relieve Grantee of its responsibilities under this License.
Upon proof of financial responsibility to the satisfaction of GRANTOR, Grantee may be allowed
self-insure the coverages indicated herein resulting from the acts or omissions of Grantee,
Grantee's agents or employees. Grantee shall provide GRANTOR with certificates of insurance
or letter of self-insurance which shall be on file with GRANTOR and remain in effect for the
duration of the License.
7. SUCCESSORS AND ASSIGNS: This Easement shall be binding upon the heirs, executors,
administrators, successors and assigns of the Parties hereto. However, the Easement shall not
be assigned or in any manner transferred nor said Premises or any part thereof used or
occupied by any party other than Grantee without the written consent of GRANTOR.
8. APPLICABLE LAW: Grantee shall, without cost to GRANTOR, comply with all applicable laws,
rules, regulations, and ordinances of competent authorities affecting said Premises including,
but not limited to those relating to the environment. The Parties agree that the laws of the State
of Iowa shall govern this Easement, with venue lying in Dubuque County District Court.
9. BREACH: Any breach by Grantee of any covenant to be kept or conditions to be performed
herein set forth, shall be sufficient cause for the immediate termination by GRANTOR of this
Easement.
Signed this day of , 20_
GRANTOR(S): Interstate Power and Light Company
By:
By:
ACCESSESM.DOC, REVISED 05/0510705184197
ALL PURPOSE ACKNOWLEDGMENT
STATE OF 1
COUNTY OF
ss:
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE
Title(s) of Corporate Officers(s):
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/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), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
NOTARY SEAL
(Sign in Ink)
(Print/type name)
Notary Public in and for the State of
N/A
Corporate Seal is affixed
No Corporate Seal procured
PARTNER(s)
Limited Partnership
General Partnership
ATTORNEY-I N-FACT
EXECUTOR(s),
ADMINISTRATOR(s),
or TRUSTEE(s):
GUARDIAN(s)
or CONSERVATOR(s)
OTHER
SIGNER IS REPRESENTING:
List name(s) of persons(s) or entity(ies):
GRANTEE: CITY OF DUBUQUE
By:
By:
ACCESSESM.DOC, REVISED 05/05/078~f84J87
ALL PURPOSE ACKNOWLEDGMENT
STATE OF
COUNTY OF ) ss:
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE
Title(s) of Corporate Officers(s):
On this day of , AD. 20 before me,
the undersigned, a Notary Public in and for said State, personally
appeared
N!A
Corporate Seal is affixed
No Corporate Seal procured
PARTNER(S)
Limited Partnership
General Partnership
to me personally known
or provided to me on the basis of satisfactory
evidence
ATTORNEY-I N-FACT
EXECUTOR(s),
ADMINISTRATOR(s),
or TRUSTEE(s):
GUARDIAN(S)
or CONSERVATOR(s)
OTHER
to be the persons(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), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
NOTARY SEAL
(Sign in Ink)
(Print/type name)
Notary Public in and for the State of
SIGNER IS REPRESENTING:
List name(s) of persons(s) or entity(ies):
ACCESSESM.DOC, REVISED 05/05/0795/84F87
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 Lioht Company - PO Box 351 -Cedar Rapids, IA 52406-9949 (319) 786-4823
UNDERGROUND ELECTRI EASEMENT
For and in consideration oft other valuable consideration, the
receipt of which is hereby acknowledged, the City of Dub que, wa ("Grantor"), ADDRESS: 50 West
13th Street, Dubuque, IA 52001 does hereby warrant and convey unto Interstate Power and Light
Company, an Iowa Corporation, its successor and assigns, ("Grantee"), a 15-foot wide perpetual
easement with the right, privilege and authority to construct, reconstruct, maintain, operate, repair,
patrol and remove an underground electric and telecommunications line or lines, consisting of wires,
transformers, switches and other necessary fixtures and equipment, (including associated surface
mounted 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 as described on the
attachment Exhibit A-1 and as shown on Exhibit A-2, A-3 and A-4 located in the City and County of
Dubuque, and the State of Iowa, together with all the rights and privileges for the full enjoyment or use
thereof for the aforesaid purpose. Notwithstanding the foregoing, the initial electric facility installation
plan illustrated in Exhibit A-5 attached hereto has been approved by Grantor and any material changes
shall be submitted to Grantor for their approval, such approval not to be unreasonably withheld or
delayed. Grantee shall not construct any above-ground line, wire, transformer, switch, or other fixture
or equipment of any kind without the prior written consent of City Engineer, such consent not to be
unreasonable delayed or withheld.
Grantor shall not construct ar place any buildings, structures, plants, or other obstructions on
the property described above without the prior written consent of Grantee which consent shall not be
unreasonably withheld. Grantor shall not, however, be prohibited from installing surface parking lots,
sidewalks, recreational trails or other similar paved surfaces on the property described above.
Notwithstanding the foregoing in no event shall any obstruction or installation interfere with or obstruct
Grantees ability to access its line or lines or to perform its activities authorized under this agreement.
Grantee agrees that upon written notice from Grantor, Grantee shall at Grantor's expense relocate its
lines, wires, transformers, switches and other fixtures and equipment. In the event of any relocation
Grantor shall secure (at its sole cost) all appropriate easement rights and other approvals needed to
accommodate the relocated line or lines, and such line or lines shall be relocated to an area reasonably
acceptable to Grantee.
Grantee shall not trim, cut down or remove any trees or other vegetation on said described land
without the prior written consent of Grantor and subject to such reasonable conditions as Grantor may
require.
Grantee, its contractor or agent, may enter said premises for the purpose of making surveys
and preliminary estimates immediately upon the execution of this easement.
Grantor also grants to Grantee the right of ingress and egress to said line or lines, over/under
lands now owned by the Grantor(s), for the purpose of constructing, reconstructing, maintaining,
operating, patrolling, repairing and rernoving said line or lines, or associated equipment upon prior
written request to Grantor and upon such reasonable conditions as Grantor may require. Grantee
agrees to restore the property, including but not limited to trees or other vegetation, fences, pavement
or landscaping of the Grantor or its tenants, to the same condition as it was prior to such constructing,
reconstructing, patrolling or repairing said line or lines.
Signed this day of .20_07.
GRANTOR(S):
By;
Roy D. Buol, Mayor
UNDERGRD.DOC, REVISED 05!05/0785/94/97
EXHIBIT A-1
1. Along the westerly boundary line of Lot C and Lot 2 of Riverwalk 5th
Addition;
2. Along the northerly and westerly boundary line of Lot 2 of Lot 1 of
Riverwalk Sixth Addition;
3. Parts of Lot 7, Lot 8, the vacated alley and vacated Bodega Street in
Block 29 and Lot V all in Dubuque Harbor Improvement Company
Addition, abutting the easterly right-of-way line of the Canadian National
Illinois Central Railroad;
4. East Fifth Street abutting the easterly right-of-way line of the Canadian
National Illinois Central Railroad;
5. Along the westerly line of Lot B of Lot 11 of Industrial Subdivision No. 2;
6. Along the westerly right of way line of Bodega Street north of Ice Harbor
Drive;
7. Part of Ice Harbor Drive adjacent to the easterly right-of-way line and
spur line of the Canadian National Illinois Central Railroad; and
8. Apart of a thirty (30)-foot wide alley in Block C of Booth's Addition
abutting Lot 3 of Adams Company's Third Addition.
9. Part of Lot 1 and part of Lot A (Third Street) of Ice Harbor Development.
__
_\
s'~r ~~
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LINE EASEMENT. ~ \ • ~` ~
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ALLIANT EASEMENT ~~~~ ~sBS~
EXHIBIT A-2 ~ ~ i ,, ~, ~, ~., ~'~~~`~ 'J~e~~N
rylA \ S`Tt.~oi `•
~ ~~
NORTH 15'WIDE ~~~ 2~ H°~ ~ ~ '\ ,\ ~~
HORIZ. SCALE: 1" =100' UNDERGROUND ELECTRIC ~ IZ~ 'gx,~ 5~5,~~ `, ~ *\
LINE EASEMENT. ~,~ ~ ~ ,~ `~~ `~
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^~ ~~ .i" _ _ ~=s,e.m------- '~.~ OISCENiRAANADIgN~~ /~/ ~•~~~
~ °b "'~ ~ 10' /", , . R= seoar - - =5c , ` ~ ~ ~'zzr ~ RAI~ROAp \N~/S
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31
(V Q (AiV i acOo,U' ~ m WyJ,~. ~ \ Rq/l „ • •
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~~~P ~~~~J~ Zia s ~,s~ .v2, h `~ sa Jyt`" `. ~\
~ ` ~N R~
p ~j 1
X99' / ~ / e~ r
A' 15 WIDE
/ `~~~ UNDERGROUND ELECTRIC
f ~qq LINE EASEMENT.
r~ nU' A\
/p//
/ ~ A'A^
~ry~0~•
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L„f ~. FS ~
LOT 20F 1
RIVERWALN 6TH
ADDmON
25' WIDE
UNDERGROUND ELECTRIC
LINE EASEMENT. ALLIANT EASEMENT
m 6~OCN29 ~,, 3 ~
~~5, ~ , ry ~ ~, ,\ '~~ EXHIBIT A-3
. ;,-
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0 p ,•k GO
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~ • ' ~ NORTH
vim' EAST FIFTH STREET
~"°"'"AR1E1' ~ ~ HORIZ. SCALE: 1" =100'
~ Er, ,
I H -ri1. E N -M-~E 00'~gv0 57RFFiFFA3rF
~!"~0% 0111 _~a 549T 152421 99~ (1A)3} 10J b'ap~E
1 ~• SYIPE \ ~o,N 5` 0 h ~ ~ k2r I+ s •
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g ~~ F~ ~~ ti ^, ~~• F •
I 5p I I ~ CpT7p 0 2 e^ Iry I~[_~L ~ry / p 7t(^ ~ ~, +~8~ •\
a 8 f o / p, p4 , .p •
a RI •~~ $~ ~ 1~ / eA ~sb;
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~ wz r p ~~ N; V 1 N p ~•
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