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Interstate Power McGraw Hill EasementTHE CITY OF DUB E Masterpiece cm the Mississippi MEMORANDUM May 30, 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 City providing the underground electrical easement to Interstate Power & Light Company. I concur with the recommendation and respectfully request Mayor and City Council approval. ~~~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Prepared by: Barry A. Lindah! 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113 Retum to: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113 RESOLUTION NO. 326-07 DISPOSING 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 NAlliant 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, on June 4, 2007, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in the Property and overruled all objections thereto; and WHEREAS, the City Council finds that it is in the best interest of the City to approve the disposition of such interest in the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the Gity of Dubuque approves the disposition of the City's interest in the foregoing-described Property by Easement to Interstate Power and Ligh# Company. Section 2. .The Mayor is hereby authorized and directed to sign this Resolution and the Easement. ~ Passed, approved and adopted this 4th day of June, 2007 Roy D. B, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared By: Ted Francois Interstate Power and ~ Company - PO Box 351 -Cedar Rapids. IA 52408-9949 (318) 786-A823 @$tLILI1.IQ; Ted Francos Intersta(e e~t,~~t j ~~,~oanv - PO ~~C 351 - f~edar Rarrkl~s, lA 52~~~9, 13191 ]88~QZ_ 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 Clty 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 vrith 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 lines. UNDERGRD.DOC, REVISED 05/11/07 Dated this 4th of June, 2007 at Dubuque, Iowa City of Dubuque, Iowa By: Roy Buol, Mayor Attest: Jeanne Schneder, City Clerk On this 4th day of Junes, 2007 before me a Notary Public in and for said County, persona appeared Roy D. Buol and Jeanne F. Schneider to me personally known, who being duly sworn,. did say that they are the Mayor and City 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. No ry Public in and for Dubuque County, Iowa ~~e~.,~ ~ KEVIN S. FIRNSTAHL ~ ~ COMMISSION N0.745295 : ~ MY COMMISSION EXPIRES ~ov,* 2/12/f0 THE CITY OF DUB E Masterpiece on the Mississippi MEMORANDUM May 17, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager f ~ ~ ;~ G ~y w7 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. 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 NO. -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. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared By: Ted Francois Interstate Power and Light Company - PO Box 351 -Cedar Rapids, IA 52406-9949 (319) 786-4823 Retum To: Ted Francois Interstate Power and Lioht 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 ah 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 ptarpose 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 lines. UNDERGRD.DOC, REVISED 05111/07 Dated this of , 20l_ at Dubuque, Iowa. CITY OF DUBUQUE IOWA Attest: By: Roy D. Buol, Mayor By: Jeanne F. Schneider, City Clerk STATE OF IOWA COUNTY OF DUBUQUE SS On this day of , 20_, before me a Notary Public in and for said County, personally appeared Roy D. Buol and Jeanne F. Schneider to me personally known, who being duly sworn, did say that they are the Mayor and City 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. Notary Public in and for Dubuque County, Iowa 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 lce 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 ----"---~--.-ir~r _. _ NA tbNAt ~ WAY `~\ rt.ew.m . _- ~._ ~~~ .. /1L(~ps 41118 CANAaA `~. //~s1 F ~ \ 1 NA~QY~~: q,~ 15' NUDE ` m4~~ 4'k\SA~~'+q~ R UNDERGROUNb ELECTRIC ~ ~ AROAo LINE EASEMENT. ~ \ \ \, ALLIANT EASEMENT EXHIBIT A-2 ti~ \ ~~ \\ ,~. ~. •\ ~" ~._ NQRTH 1e'wIDE HORIZ, SCALE: 1" ^ 100' UNbERGROUND ELECTRIC LINE CASEMENT, ~' ~~ /, ~~ / // /~ ~~~, / AA~~Q' ' ~~ /~ , \ _agSFBo • • \ , • \ Ln,D~Y e'~ w\ W \ , \ • \ c~MMB ~O~J w.~ e ~r . k. F • \ ~+a ~QC • ~ ~` \ `,~ asb\ ~ ~~~ , \ `L. . ~ ~~~~~' ~ ~ o ~ ~ 4 [~, ,c~ `~ ~ i F~C 9 OA ` ~'1 ~ / ` ? ~' ~ ~ i $~ "~ ~ r v f / "~ ~~;e~ ~~ ~ ®~~ J /~ ill J O2P^dG / ~ ~ ~~1 ~9 ~ ,~ - - - -~ n. nazi - ~ ~ ._ ~ ~ ~ ' _ ~ ~ EN7RAlApAKRO \ ~C/H `, \ fey ,~~ 4r / ~ ~ ~ to - - ~ ~x"r ~ _ ~0 `\~ a'S ~ \ Q:s ~ 9rJ~- '' CTU`~r~ j /9~' J~r~~ `S 1K~ / n `~'~. i ~~A ~' A~ap4 ~":b~9 \ ~ \ p 7Y q1 `tip r ~ ~ \ r A1! Q'll / ~P~.rtf~ ~`4g~ QY~~~~oF E.. 1 ~. ~ .y~r\\ Mp ' ~ *~~~ '~ T ~ ~f 1§' WIDE_ ~ ~' UNDERGROUND ELECTRIC ~~~, ' LINE EASEMENT, l0T 2 Of 1 FWFxN'IIIK tTN ~OOInOx C.,( / i /~ aw..CCfA ~ / ~ w ~ 1(0011 fTF d d ~j i ~/ DMIQ~ • E~ I ~ i ~/^O / h~ ? I ~~~ "%~ h"4~~ / Iv /~ ~1 '"` usr nft11 stxFt:r _. ~,"V.~..~ ~ ~' ~~ F; I ti~1 ~ F~ ~~. tt ~~ ~~~F~~ I~ a~ ,1'~ off. ~ .4 l UNDERGROUND ELECTRIC \ ~ "NE EASEMENT. ALLIANT EASEMENT ~~ ~'~ EXHIBIT A-3 *~~ ~~ ~\ -' ~ HORIZ. SCALE: 1" ^ 100' ~, \,, ..'.e t .e d~, ~ ~ ~.M '"r„'+w tiny , \ ~INU~S~R~ ~~', SUd~DIVIS~N 1 _-~ s 11 ^~~~" ~„ •.~ ,~ `"~ ~~ 1 , 1 1 , N 11 v ri l~ .~~:16/.i~7~ ~~"~9~~ /// i toT t of t ' / ervFxwux FTx ~omnox ~~ 19.00' -• , ~; / ~ '~~"~ ~ s / ~ -O~ r ~.E~a~~i~~ III RGROUND ELECTRIC iASEMENT. I) ~35Y~ ~~: t ~~ Q r°O~ l;'~~~ ~, ~~l: i l: ~-~': +~: ~, t ~~ t' ~ ~ ~ ~~ r; ~ '~ ~! ~` ,: . `' i ELECTRIC ~ '~i r~a, ~~~ / ~ AA /` ' , O; ~~ .~V~ ~ a.~.aae. Gt fMTI (TORT -~. ~` \\ a "'~ "` ,_ r\,, end/ ~/'/ ~ ,'" w., a F„t rr... SOT ror,o ~N ~~'~l_ S~ /~ "3 ~~ ~, ~^' e ~,~ w~~r ,,\ -,`. ___ r\ 1 _ v0 / 1 4a~ic. IND~S~R~ ~ SU~DIVISI~N ~ 1'-/ ~ '~ °, ~or:ore ~. ~ t tor~~~ ~ ~~ 1 1 ~ ~~ , , c 1 g !a~ a1 1 r ~ 1 1 , 1 `\ _.._.._._ ..~ 1 1 ~ ~, ,,., ~..- _.~ I ~° 5 A- ./ 4 r•~ \/~ I~r~nM^•~ /'ti'p ». /~ ~,,,~ ~' \ ALLIANT EASEMENT ! \ sr9FFT \ "~~,~ a+~. EXHIBIT A-4 , '\ ~ ~\ ` `~\ saTt ' ,~\ ,\, ~de'\ ``\ fee Aee, ; AOAMf C0.7 °`~ . ~ .(p~~} fee ADD. ~u~ir~ ~ e.~utm ` `~F ,~~, toT~ ~ NORTH ~•, AeAMS cD.s ~ \~'~ \ feD ADO. ~ HORIZ. SCALE: 1" = 100' ' \ / \ ~ , -oTO .ham `~\ ,~\ r~+,''i feD ADD. ~ `~\ • e.uM1a~ \z 4 / p ~ \ W' \ ~ - \f ` 'a' ' ` `\ -~~rx - +' R soT: '' /`Jq"( ADAMa co.~f ~~ ,~ ~¢ ~ s a _ AoAMfcD.a ~ feD woe, /~ /~ /rte I _e ~' \'~atti feO ADa sot ~ / ry ,,~y~ A ~ ADAMf CO.R ~, ~ ~ '~ C ~_ ~~\ ,,'~, ~ feD ADD. ,~~, ,/ ,/ °a/ h~h. ~; ICE HARBOR D ~ /' ~' ~ ~ /~/ / ~~~ . _•` n.+s„ p • ~ ,~. - M"°"`ti+^•'~.~~•\ ~. Sbul GH CAR r erg / /.i ,al~,„,=~•,~_-~-~'F-'~-=z ~ ~~ne.';a..,y„e ~W~y ~' .. a sw~'iLHGfA2 ,swaE ~~;~"'q `\••\, 'e+" ~ UTAb/1LMOUNO~lEC1P~C .\. ~ t#'moE L»1e EAaFlAERi, ~ ~\ .~e~. Sw1TG14GEA2 GG ekAfts ~''\ ~:.~ CXttTlsl6 £~~\ ~ St71utTL~N R• :r i ~\•.\,`'..,,~ ••\,• p4''bt~ s ~Te-t •/~~ . w 6 .Y 7t ~1 '\ '\ \, \ '~ ., ' % ~~ ~ ~ ~ UNO!'ROROl1RD Z4ECTf11C "' ~''\ ~`~°~ EXHIBIT A-5 NORTH ~ 1 Y '\~~~\" \~ ~¢ ~ ~-~ ~ ~ ~ U+AeROR6lMp RecYRq ~ ~, ~.,~ . im~nonOyROEleciniC 0~!% % l~f:g~ * ~ '•\ % 1 [XtfT~ r•~. ' E* C\ . LNEEMEMENi. I rlr • ~L, _ ``\ ; ~ S4NCTIO .~. A/df bn^~nell •~. ••\ '~ texts '~ ~ur.s ~'~~ S ; 9 '1 111 3 ~~ ~y '~~ ~„ ' ,'\ ` fi Y°~.~4 /, ~ / / ~~~. ,. ~ ~-°----°~ !. o Rey l~~f, ~' ,mss _ ~±„"`,r P* ~ ~ ~ ~~ ~~~ .ass. ~. ~,J.i •~..~•.~ .\, •C( S. ~,1% ~ C' '~, ~ \,. i UROEROROUND lLlCiRq ~' •'• ' ~. .\'~ •\ I ~ -lN6 WEMENT. - / ~ Af. 'i. 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