Grant of Permanent Easement and Agreements - Windsor Park / Goodwill Bus SheltersCERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 340-15 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 11th day of March, 2016.
Kevi Firnsta
, City Clerk
Copyright 2014
City of Dubuque Consent Items # 18.
ITEM TITLE: Grant of Permanent Easement and Agreements - Bus Shelters
SUMMARY: City Manager recommending Council approval of Easement Agreements
and acceptance of Grants of Permanent Easement for bus shelters at
Windsor Park Retirement Apartments, 801 Davis Street, and Goodwill
Industries, 2121 Holliday Drive.
RESOLUTION Approval of an agreement and accepting a Grant of
Permanent Easement for a bus shelter located at Goodwill Industries,
2121 Holliday Drive in Dubuque, Iowa
RESOLUTION Approval of an agreement and accepting a Grant of
Permanent Easement for a bus shelter located at Windsor Park
Retirement Apartments, 801 Davis Street in Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Easement Agreements for Bus Shelters-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Windsor Apts Easement Agreement Supporting Documentation
❑ Goodwill Easement Agreement Supporting Documentation
❑ Resolution Goodwill Resolutions
❑ Resolution—Windsor Apts Resolutions
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Approval of Easement Agreements and Acceptance of Permanent
Easements from Windsor Park Retirement Apartments and Goodwill
Industries of Northeast Iowa
DATE: September 30, 2015
Transit Manager Candace Eudaley-Loebach recommends City Council approval of
Easement Agreements and acceptance of Grants of Permanent Easement for bus
shelters at Windsor Park Retirement Apartments, 801 Davis Street, and Goodwill
Industries, 2121 Holliday Drive.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen or
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Candace Eudaley-Loebach, Transit Manager
Maurice Jones, Economic Development Director
THE CITY OF Dubuque
All-America City
DUB3 &kE 1 r
lie
Masterpiece piece on the Mississippi 2007.2012.2013
TO: Michael C. Van Milligen, City Manager
FROM: Candace Eudaley-Loebach, Transit Manager
SUBJECT: Approval of Easement Agreements and Acceptance of Permanent Easements from
Windsor Park Retirement Apartments and Goodwill Industries of Northeast Iowa
DATE: September 29, 2015
INTRODUCTION
The purpose of this memorandum is to seek approval of agreements and acceptance of permanent
easements for bus shelters located at: Windsor Park Retirement Apartments, 801 Davis Street and
Goodwill Industries, 2121 Holliday Drive.
DISCUSSION
Bus shelters previously located at the Iowa Street transfer will be moved to Windsor Park Retirement
Apartments, 801 Davis Street and Goodwill Industries, 2121 Holliday Drive. The City would like to
formalize the easements to facilitate the construction and on-going maintenance of the bus shelters.
The property owners have executed the Easement Agreement documents attached to this memo.
RECOMMENDATION
I recommend approval of the Easement Agreements and acceptance of the Grants of Easement for bus
shelter locations as follows: Windsor Park Retirement Apartments, 801 Davis Street and Goodwill
Industries, 2121 Holliday Drive.
ACTION TO BE TAKEN
I respectfully request approval of the Easement Agreements and acceptance of the Grants of
Easement for bus shelters from Windsor Park Retirement Apartments and Goodwill Industries via the
attached resolutions.
cc: Maurice Jones, Economic Development Director
Jodi Johnson, Transit Operations Supervisor
Prepared by Candace Eudalev-Loebock, City of Dubuque, 50 W. 13th St, Dubuque, IA 52001, 563-589-4196
Return to Kevin Firnstahl, City of Dubuque, 50 W. 13th St., Dubuque, IA 52001, 563-589-4121
RESOLUTION NO. 340-15
APPROVAL OF AN AGREEMENT AND ACCEPTING . A GRANT OF PERMANENT
EASEMENT FOR A BUS SHELTER LOCATED AT GOODWILL INDUSTRIES, 2121
HOLLIDAY DRIVE, IN DUBUQUE, IOWA
Whereas, Goodwill Industries of Northeast Iowa Inc., the property owner of Lot 2-2 of
Holliday Addition No. 2 (Goodwill Industries), has executed an Easement Agreement and
granted a Permanent Easement dated August 26, 2015, for a bus shelter over said lot.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Easement Agreement and Grant of Permanent Easement for a bus
shelter located on a part of Lot 2-2 of Holliday Addition No. 2 (Goodwill Industries, 2121
Holliday Drive), in the City of Dubuque, Dubuque County, Iowa, a copy of which is attached
hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in connection herewith.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County
Recorder and Dubuque County Auditor.
Passed, approved and adopted this 5th day of October, 2015.
Attest:
Kevin Firnstahl, C ` City Clerk
a
/Roy D. Buol, Mayor
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Doc ID: 008399730007 Type: GEN
Kind: EASEMENT
Recorded: 03/11/2016 at 03:44:52 PM
Fee Amt: $37.00 Page 1 of 7
Dubuque County Iowa
John Murphy Recorder
F11e2016-00002617
AGREEMENT OF GRANT OF PERMANENT EASEMENT
Recorder's Cover Sheet
Preparer Information:
Candace Eudaley-Loebach, Transit Manager, 50. W. 13th St., Dubuque, IA 52001,
563) 589-4196
Return Document To:
Kevin Firnstahl, City of Dubuque, City Clerk, 50 West 13th Street, Dubuque, IA 52001
Legal Description:
Lot 2-2 of Holliday Addition No. 2, Dubuque, Iowa (Goodwill Industries)
Agreement and accepting a Grant of Permanent Easement for bus shelters located at
Goodwill Industries, 2121 Holliday Drive, Dubuque, Iowa
Grantors: Grantees:
Wiindlsrr _ it en fps. The City of Dubuque, Iowa
Goodwill indsutries
Attachments:
Certified Resolution No. 340-15
Original Easement Agreement and Exhibit A
EASEMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA
AND
GOODWILL INDUSTRIES
2O t2
THIS EASEMENT AGREEMENT "Agreement"), dated for references purposes the
day of 3 m. fwd. , by and between Goodwill Industries of Northeast Iowa,
Inc. ("Goodwill Industries"), of 2121 Holiday Dr., Dubuque, IA 52002 and the City of
Dubuque, Iowa ("City"), an Iowa municipal corporation, 50 West 13th Street, Dubuque,
Iowa 52001.
WINESSETH:
WHEREAS, Goodwill Industries is the owner of record on the property as shown on
Exhibit A ("Property"); and
WHEREAS, City operates a bus system which would like to use a portion of the
Property to install a shelter at/in front of 2121 Holiday Drive; and
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:
1. Easement.
Goodwill Industries grants to City and City's employees, agents and contractors a
nonexclusive easement and right-of-way upon, over, across and through the portion of
the Property shown on Exhibit A ("Easement Area"), to be used solely for the installation
and operation of a bus shelter at/in front of 2121 Holiday Drive.
2. Use of Easement Area.
City's use of the Easement Area will not, in Goodwill Industries sole opinion, negatively
impact Goodwill Industries use of the Property, including the Easement Area.
3. Insurance and Indemnification.
City is a member of the Iowa Communities Assurance Pool ("ICAP") and City's
coverage with ICAP includes contractual indemnification. City agrees to provide such
contractual indemnification coverage during the term of this Agreement.
City shall deliver to Goodwill Industries a certificate of coverage evidencing that City has
obtained the coverage required under this Agreement. City shall deliver to Goodwill
Industries a replacement certificate or a renewal certificate at least thirty (30) days
before the coverage required under this Agreement is to expire.
City shall indemnify and defend Goodwill Industries against any and all loss, cost,
damage, claim, liability and expense of any kind (including attorneys' fees, costs of
investigation, experts' fees, court costs and settlement costs) incurred by Goodwill
Industries relating to any damage or injury occurring at, on or about the Property as a
result of the negligence of City, its officers, agents or employees.
4. Term and Termination.
This Agreement shall be an annual agreement with automatic renewal and may be
terminated by either party with sixty days written notice to the other party. The parties
agree to cooperate with the filing of an instrument in the office of the County Recorder
confirming the termination of this Agreement if this Agreement is filed of record.
5. Amendment.
Except as otherwise provided in this Agreement, neither this Agreement, nor any
provision, covenant, condition nor restriction may be extended, modified or otherwise
amended without the express written consent of both Goodwill Industries and City.
6. Failure to Enforce is No Waiver.
The failure of Goodwill Industries or City to enforce any requirement, restriction or
easement here contained shall in no event be deemed to be a waiver of the right to do
so thereafter or in other cases, or the right to enforce any other restriction. Nothing here
contained shall be deemed to be a gift or dedication of any portion of the Property to or
for the general public or for any public purposes whatsoever, it being the intention that
this Agreement shall be strictly limited to and for the purposes here expressed.
Goodwill Industries and City shall take such reasonable measures as may be proposed
by either party, including periodically restricting access to a portion of the Easement
Area (not to exceed 24 consecutive hours) to prevent the creation of any dedication or
right of use in favor of the public.
7. Binding Effect.
This Agreement and the terms and conditions here contained shall be binding upon the
successors and assigns of Goodwill Industries and City.
IN WITNESS WHEREOF, Goodwill Industries and City have executed this Agreement
the day and year first above written.
Date: Z°1‘s
epogo
ip
On this r'' day of /116-F'Ck. , before me,
the undersipgd,No Pu,Iic in and for the State of Iowa, personally appeared
�yv! y , to me rsonally known, who, being by
C'
me duly sworn, did say that he is the e-eS4eKT" d ° of the
Goodwill Industries respectively and who acknowledged the execution hereof to be his
voluntary act and deed and the voluntary act and deed Goodwill Industries.
SHARON J. SAMEC
COMMISSION NO. 773585
My CO NlIA51?11 VPIRES
NotaPublic, State of Iowa
CITY OF D UQUE, IOWA, an Iowa municipal corporation
By:y
By:
Date:61/444
Date: e
iv
On this day of ! l l0 , 2016, fore me,
the undersigned, a Notary Public in and for the State of Iowa, personally appeared Roy
D. Buol and Kevin Firnstahl, 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 was signed and
sealed on behalf of the corporation, by authority of its City Council, and Roy D. Buol and
Kevin Firnstahl acknowledged the execution of the instrument to be their voluntary act
and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
PAMELA J. McCARRON
Commission Nu ber 772419
My Comm. Exp.
r_D
O.XYLP�iA
ary Public, State of Iowa
Prepared by Candace Eudaley-Loebock, City of Dubuque, 50 W. 13th St., Dubuque, IA 52001, 563-589-4196
Return to Kevin Firnstahl, City of Dubuque, 50 W. 13th St., Dubuque, IA 52001, 563-589-4121
RESOLUTION NO. 341-15
APPROVAL OF AN AGREEMENT AND ACCEPTING A GRANT OF PERMANENT
EASEMENT FOR A BUS SHELTER LOCATED AT WINDSOR PARK RETIREMENT
APARTMENTS, 801 DAVIS STREET, IN DUBUQUE, IOWA
Whereas, Callahan Construction Inc., the property owner of Lot 6 of Stone Hill
Community Subdivision No. 1 (Windsor Park Retirement Apartments), has executed an
Easement Agreement and granted a Permanent Easement dated August 8, 2015, for a bus
shelter over said lot.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Easement Agreement and Grant of Permanent Easement for a bus
shelter located on a part of Lot 6 of Stone Hill Community Subdivision No. 1 (Windsor Park
Retirement Apartments, 801 Davis Street), in the City of Dubuque, Dubuque County, Iowa,
a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in connection herewith.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County
Recorder and Dubuque County Auditor.
Passed, approved and adopted this 5th day of October, 2015.
„ fi
19oy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, CM City Clerk
1111113211111111311111311111111
1111111111111
Doc ID: 008329270007 Type: GEN
'Kind: EASEMENT
Recorded: 10/12/2015 at 01:35:21 PM
Fee Amt: $37.00 Page 1 of 7
Dubuque County Iowa
John Murphy Recorder
Fi1e2015-00013147
AGREEMENT OF GRANT OF PERMANENT EASEMENT
Recorder's Cover Sheet
Preparer Information:
Candace Eudaley-Loebach, Transit Manager, 50. W. 13th St., Dubuque, IA 52001,
(563) 589-4196
Return Document To:
Kevin Firnstahl, City of Dubuque, City Clerk, 50 West 13th Street, Dubuque, IA 52001
Legal Description:
Part of Lot 6 of Stone Hill Community Subdivision No. 1
Agreement and accepting a Grant of Permanent Easement for bus shelters located at
Windsor Park Retirement Apts, 801 Davis St., Dubuque, Iowa
Grantors: Grantees:
Windsor Park Retirement Apts. The City of Dubuque, Iowa
Attachments:
Certified Resolution No. 341-15
Original Easement Agreement
��� ® CLL.( au( kt--
EASEMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA
AND
WINDSOR PARK RETIREMENT APARTMENTS
THIS EASEMENT R EMENT ("Agreement"), dated for references purposes the
day of 0. , 2015, by and between Windsor Park Retirement
Apartments (Windsor), of 801 Davis Street, Dubuque , IA 52002 and the City of
Dubuque, Iowa (City), an Iowa municipal corporation, 50 West 13th Street, Dubuque,
Iowa 52001.
WINESSETH:
WHEREAS, Windsor is the owner of record on the property as shown on Exhibit A
("Property"); and
WHEREAS, City operates a bus system which would like to use a portion of the
Property to install a shelter at/in front of 801 Davis Street.
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:
1. Easement.
Windsor grants to City and City's employees, agents and contractors a nonexclusive
easement and right-of-way upon, over, across and through the portion of the Property
shown on Exhibit A ("Easement Area"), to be used solely for the installation and
operation of a bus shelter at/in front of 801 Davis Street.
2. Use of Easement Area.
City's use of the Easement Area will not, in Windsor's sole opinion, negatively impact
Windsor's use of the Property, including the Easement Area.
3. Insurance and Indemnification.
City is a member of the Iowa Communities Assurance Pool (ICAP) and City's coverage
with ICAP includes contractual indemnification. City agrees to provide such contractual
indemnification coverage during the term of this Agreement.
City shall deliver to Windsor a certificate of coverage evidencing that City has obtained
the coverage required under this Agreement. City shall deliver to Windsor a
replacement certificate or a renewal certificate at least thirty (30) days before the
coverage required under this Agreement is to expire.
City shall indemnify and defend Windsor against any and all loss, cost, damage, claim,
liability and expense of any kind (including attorneys' fees, costs of investigation,
experts' fees, court costs and settlement costs) incurred by Windsor relating to any
damage or injury occurring at, on or about the Property as a result of the negligence of
City, its officers, agents or employees.
4. Term and Termination.
This Agreement shall be an annual agreement with automatic renewal and may be
terminated by either party with sixty (60) days written notice to the other party.
5. Amendment.
Except as otherwise provided in this Agreement, neither this Agreement, nor any
provision, covenant, condition nor restriction may be extended, modified or otherwise
amended without the express written consent of both Windsor and City.
6. Failure to Enforce is No Waiver.
The failure of Windsor or City to enforce any requirement, restriction or easement here
contained shall in no event be deemed to be a waiver of the right to do so thereafter or
in other cases, or the right to enforce any other restriction. Nothing here contained shall
be deemed to be a gift or dedication of any portion of the Property to or for the general
public or for any public purposes whatsoever, it being the intention that this Agreement
shall be strictly limited to and for the purposes here expressed. Windsor and City shall
take such reasonable measures as may be proposed by either party, including
periodically restricting access to a portion of the Easement Area (not to exceed 24
consecutive hours) to prevent the creation of any dedication or right of use in favor of
the public.
7. Binding Effect.
This Agreement and the terms and conditions here contained shall be binding upon the
successors and assigns of Windsor and City.
IN WITNESS WHEREOF, Windsor and City have executed this Agreement the day and
year first above written.
Windsor Park Retirement Apartments
By:
Date:
On this 02/ day of /41,(q , 2015, before me,
the undersigned, a Notary Public in and fdr the State of Iowa, personally appeared
jrdia-f
me duly sworn, did say that he is the
Windsor Park Retirement Apartments
execution hereof to be his voluntary act
Windsor Park Retirement Apartments.
KATIE JO DAVIDSHOFER
Commission Number 77750/
My COMM. EXp. My -4
, to me personally known, who, being by
tton-eir of the
respectively and who acknowledged the
and deed and the voluntary act and deed
nath4
_1 lam ido---
Notary Publigf Sta e of Iowa
CITY OF DUBUQUE, IOWA, an Iowa municipal corporation
By:
Attest:
Date:
Date: 71;,
On this gif) day of ,) , 2015, before me,
the undersigned, a Notary Public in and for the State of Iowa, personally appeared Roy
D. Buol and Kevin Firnstahl, 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 was signed and
sealed on behalf of the corporation, by authority of its City Council, and Roy D. Buol and
Kevin Firnstahl acknowledged the execution of the instrument to be their voluntary act
and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
PAMELA J. McCARRON
Commission Number 772419
My Comm Exp. -
otary Public, State of Iowa
LEGAL DESCRIPTION OF PROPERTY
LOT 6 STONE HILL COMMUNITY SUB. NO. 1 IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
— --wrcRaaaos , w,
OUsIOUE AREA GE06RnpNIC It1FC4KATIOC SYSTDt
LOT LINE (TYP.)X 12' APPROX. 186'
7'BUS SHELTER
EASEMENT
SE CORNER
LOT 6 STONE
HILL COMM. SUB. NO. 1
DISCLAIMER: This Information was compiled
sing the Dubuque Area Geographic InfcrmatlG.-, S stem
OASIS), which Incudes data created by both the pity of
Dubuque and Dubuque C unty.aerst�d that, while
Me City of Dubuque end participating agencies util zed the
[est current and accurate intnrmatibn available, n CIS and
's suppliers do not' warrant the accuracy or curre cy of the
oformation or data contained herein. The City an participating
-hall not be hole liable For any direct, indi ect, Incidental,
auenbal, punitive, o al damages, wh rher foreseeable or
nfseeres eab'.e. arising out special
authorized or unauthorized use of
.I_ data or the Inability to use this data or out of any breach of
Map Prepared by
City of Dubuqu
Engineering Divisio
50 West 13th Stree
Dubuque, Iowa 5200
Phone: (563) 589-427
Prepared by Candace Eudaley-Loebock, City of Dubuque, 50 W. 13th St., Dubuque, IA 52001, 563-589-4196
Return to Kevin Firnstahl, City of Dubuque, 50 W. 13th St., Dubuque, IA 52001, 563-589-4121
RESOLUTION NO. 341-15
APPROVAL OF AN AGREEMENT AND ACCEPTING A GRANT OF PERMANENT
EASEMENT FOR A BUS SHELTER LOCATED AT WINDSOR PARK RETIREMENT
APARTMENTS, 801 DAVIS STREET, IN DUBUQUE, IOWA
Whereas, Callahan Construction Inc., the property owner of Lot 6 of Stone Hill
Community Subdivision No. 1 (Windsor Park Retirement Apartments), has executed an
Easement Agreement and granted a Permanent Easement dated August 8, 2015, for a bus
shelter over said lot.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Easement Agreement and Grant of Permanent Easement for a bus
shelter located on a part of Lot 6 of Stone Hill Community Subdivision No. 1 (Windsor Park
Retirement Apartments, 801 Davis Street), in the City of Dubuque, Dubuque County, Iowa,
a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in connection herewith.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County
Recorder and Dubuque County Auditor.
Passed, approved and adopted this 5th day of October, 2015.
Attest:
Kevin. Firnstahl, CM ,City Clerk
0-iy D. Buol, Mayor
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 341-15 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 9th day of October, 2015.
Kevin$. Firnstahl, C , City Clerk