Interstate_McGraw Hill Parking Lot Grant of EasementTHE CTt'Y OF
DUB ~ E
Masterpiece cm the Mississippi
MEMORANDUM
May 17, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: McGraw-Hill Parking Lot/Interstate Power & Light Company
(Alliant Energy) -Grant of Easement to Interstate Power & Light Company
The City Council at its May 7, 2007 meeting set for public hearing the intended
disposition of City property by granting an easement to Interstate Power & Light
Company in return for Interstate's transfer to the City of a small piece of property along
5th Street where the new public parking lot is being built by McGraw-Hill.
That transmittal to the City Council did not include a resolution and the motion to set the
matter for public hearing did not include adoption of a Resolution of Intent to Dispose of
an Interest in Real Property.
City Attorney Barry Lindahl has drafted a Resolution of Intent to Dispose of an Interest
in Real Property by easement to Interstate Power & Light Company. The disposition to
Interstate Power & Light Company is conditioned upon their transfer to the City of the
small parcel which matter is being dealt with by a separate agenda item. I respectfully
request the Mayor and City Council approve the resolution and that a public hearing be
set for June 4, 2007 on the City providing the underground electrical easement to
Interstate Power & Light Company.
/ i
f ~' ~ °~
Michael C. Van Milligen
MCVM/tls
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Prepared by: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113
Return to: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113
RESOLUTION N0.294-07
(RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY
EASEMENT TO INTERSTATE POWER AND LIGHT COMPANY
WHEREAS, the City of Dubuque, Iowa (City) is the owner of real property in the
Port of Dubuque shown on "Alliant Easement Exhibits A-1, A-2, A-3, A-4, and A-5"
attached hereto (the Property):
and
WHEREAS, City and Interstate Power and Light Company (Interstate) have entered
into an Agreement pursuant to which City will grant the Underground Electric Line
Easement (the Easement) attached hereto on the Property to Interstate; and
WHEREAS, the City Council has tentatively determined that it would be in the best
interest of City to approve the grant of the Easement to Interstate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-
described Property by Easement to Interstate Power and Light Company.
Section 2. The City Clerk is hereby authorized and directed to cause this
Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a
public hearing on the City's intent to dispose of the foregoing-described Property, to be
held on the 4th day of June, 2007, at 6:30 o'clock p.m. at the Carnegie Stout Public
Library auditorium, 11th & Locust, Dubuque, Iowa.
Passed, approved and adopted this 21St day of May, 2007.
~~/_~
Roy D./~uol, Mayor
Attest. vin S. Fir stah ,Assistant City Clerk
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 Light Comoanv - PO Box 351 -Cedar Rapids. IA 52406-9949 (3191786-4823
UNDERGROUND 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, the City of Dubuque, Iowa ("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 or 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 removing 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 lir1es.
UNDERGRD.DOC, REVISED 05/11/07
Dated this 21st of May , 20l C7at Dubuque, Iowa.
Attest:
By:
de F-~c~+Aeider; ity.Glerk
Kevin S. Firnstahl, Asst. City Clerk
STATE OF IOWA )
SS
COUNTY OF DUBUQUE )
On this 2lstday of May , 20~, before me a Notary Public in and
for said- County, personally appeared Roy D. Buol and Kevin S. firnstahl to me
personally known, who being duly sworn, did say that they are the Mayor and City
(Asst)Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and
existing under the laws of the State of Iowa, and that the seal- affixed to the foregoing
instrument is the seal of said Municipal Corporation, and that said instrument was
signed and sealed on behalf of said Municipal Corporation by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the
free-.act and deed of said Municipal Corporation by it voluntarily executed.
CITY OFD QU IOWA
By:
R y D uol, Mayor
p{-~R ~~ •
s~k
_ _ ~ ~'- COMMIgS10 ' WINT
ER
Public in and for Dubuque County, Iowa '°~~ . Mr CC"wM/SSONO ye327~
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.
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