Approval of Easement Agreement for Water Main Ext., Fiber for Tamarack Park_Wm. Tracy Copyrighted
November 5, 2018
City of Dubuque Consent Items # 16.
ITEM TITLE: Approval of Easement Agreement for Water Main and
Fiber Optics for the Tamarack Water Main Extension
Project
SUMMARY: City Manager recommending approval of an Easement
Agreement for Water Main and Fiber Optics Utility across
William C. and Kay J. Tracy and William D. Tracy, Trustee
of the William D. Tracy Revocable Trust property as part of
the Tamarack Park Water Main Extension Project 2018.
RESOLUTION Approving the Acquisition of Easements
upon real estate owned by William C. and Kay J. Tracy and
William D. Tracy, Trustee of the William D. Tracy
Revocable Trust dated December 15, 2016, in Dubuque
County, lowa
SUGGESTED DISPOSITION:
ATTACHMENTS:
Description Type
Approval of EasementAgreementfor Water Main and City Manager Memo
Fiber Optics Utility-Tracy - NNM Memo
Staff Memo Staff Memo
Resolution Resolutions
EasementAgreement Supporting Documentation
THE CITY OF Dubuque
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7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Approval of an Easement Agreement for Water Main and Fiber Optics
Utility over William C. and Kay J. Tracy and William D. Tracy, Trustee of
the William C. Tracy Revocable Trust dated December 15, 2016 Property
Tamarack Park Water Main Extension Project 2018
DATE: October 30, 2018
City Engineer Gus Psihoyos recommends City Council approval of an Easement
Agreement for Water Main and Fiber Optics Utility across William C. and Kay J. Tracy
and William D. Tracy, Trustee of the William D. Tracy Revocable Trust as part of the
Tamarack Park Water Main Extension Project 2018. The project is located along
Highway 151/61 south toward the Dubuque Airport.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�� �� ���
Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF Dubuque
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TO: Michael C. Van Milligen, City Manage�
�,_
FROM: Gus Psihoyos, City Engineer _ ���
DATE: October 29, 2018
RE: Approval af an Easement Agreemerit for Water Main and Fiber Optics Utility over
William C. and Kay J. Tracy and William D. Tracy, Trustee of the William D.
Tracy Revocable Trust dated December 15, 2016 Property
Tamarack Park Water Main Extension Project 2018
INTRODUCTION
The purpose of this memorandum is to seek approval of an Easement Agreement for Water
Main and Fiber Optics Utility across William C. and Kay J. Tracy and William D. Tracy, Trustee
of the William D. Tracy Revocable Trust dated December 15, 2016 property being part of Lot 2
of 2 in the Southeast Quarter of Section 14, T88N, R2E, of the 5t" PM, Dubuque County, lowa
as part of the Tamarack Park Water Main Extension Project 2018. The project is located along
Highway 151/61 south toward the Dubuque Airport. This project will extend a 16-inch diameter
water main, from the recently constructed Dubuque Regional Airport water main, across
Highway 61 to Tamarack Park, and eventually tie into the future water main along the SW
Arterial.
BACKGROUND
In 2016, the City installed water and sanitary sewer lines to the Dubuque Regional Airport.
The 2016 project plans included the installation of water main to Tamarack Park. However,
rock was encountered at the proposed crossing and the water line was not constructed due to
insufficient funding to complete the boring operations through rock.
DISCUSSION
The proposed project supports the pre-annexation agreement the City has in place with the
Tamarack Park subdivision owner, Jon D. Luckstead, dated 17t" October 2016. Per the
agreement, the City is to install a 16-inch diameter water main across Highway 151/61 within
two-years of the signed agreement. In addition, the owner presentPd � writt�n req�aest to th�
City in March 2017 for the City to implement a standard water distribution system in the
frontage road of Tamarack. The project was presented for funding during the FY2019 budget
process held in 2017, reflecting the increased expense associated with boring through rock.
Funding was approved and the project was designed to meet the target date in the fall of 2018.
The project has experienced a slight delay due to changes in the lowa Department of
Transportation (IADOT) right of way location along highway 151/61, which determines where
the water main is permitted. The delay has resulted in a change to the original completion
date as the plans had to be modified to show a revised water main installation location meeting
current IADOT's requirements. These issues have since been resolved, but will require an
additional easement be obtained to complete the project. The easement acquisition procedure
will parallel the City Council initiate, bid, and award schedule to reduce further delays. The
project however will not be awarded until all easements have been secured. A meeting will be
scheduled with the owner of Tamarack Park to coordinate these activities and discuss the
revised schedule.
The easement also provides for the extension of fiber optic utilities in the future.
RECOMMENDATION
I recommend approving the Easement Agreement for Water Main and Fiber Optics Utility
through, over and across part of Lot 2 of 2 in the Southeast Quarter of Section 14, T88N, R2E,
of the 5th PM, Dubuque County, lowa, as shown on the attached Easement Agreement
document to facilitate the construction of the Tamarack Park Water Main Extension Project
2018.
ACTION TO BE TAKEN
I respectfully request approval of the Easement Agreement for Water Main and Fiber Optics
Utility from William C. and Kay J. Tracy and William D. Tracy, Trustee of the William D. Tracy
Revocable Trust dated December 15, 2016, through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
cc: Denise Ihrig, Water Department Manager
Brant Schueller, Water Distribution Supervisor
2
Prepared by: R. Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Kevin S. Firnstahl, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 324-18
APPROVING THE ACQUISITION OF EASEMENTS UPON REAL ESTATE OWNED BY
WILLIAM C. AND KAY J. TRACY AND WILLIAM D. TRACY, TRUSTEE OF THE WILLIAM
D. TRACY REVOCABLE TRUST DATED DECEMBER 15, 2016, IN DUBUQUE COUNTY,
IOWA
Whereas,, William C. and Kay J. Tracy and William D. Tracy, Trustee of the William D.
Tracy Revocable Trust dated December 15, 2016, are the owners of the real property (the
Property) legally described as follows:
Lot 2 Of Lot 2 In the Southeast Quarter (Se %) Of Section 14, Township 88
North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa
and;
Whereas, the City Manager has tentatively agreed to purchase certain easements on
the Property (the Easements) for the Tamarack Park Water Main Extension Project 2018 from
William C. and Kay J. Tracy and William D. Tracy, Trustee of the William D. Tracy Revocable
Trust dated December 15, 2016 subject to the approval of an Easement Agreement between
City and William C. and Kay J. Tracy and William D. Tracy, Trustee of the William D. Tracy
Revocable Trust dated December 15, 2016 by the City Council, such Easements being shown
on the attached Easement Agreement; and
Whereas,. the City Council has determined that it would be in the best interests of the
Cityto approve the purchase of the Easements from William C. and Kay J. Tracy. and William
D. Tracy, Trustee of the William D. Tracy Revocable Trust dated December 15, 2016.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby approves the Easement Agreement attached hereto.
Section 2. The Mayor is hereby authorized to execute the Easement Agreement on
behalf of the City of Dubuque.
Passed, approved and adopted this 5th day of November
Attest:
Kevin FirnstahlrCMC, City Clerk
Roy D. uol, Mayor
11111131311111111111111111111111111111111111111111111111111111111111
Doc ID: 010204070010 Type: GEN
Kind: EASEMENT
Recorded:
$62.00/2018 Page 1tof3101'27 PM
Dubuque County Iowa
John Murphy Recorder
File20i3--00013300
Prepared by: Maureen Quann, 300 Main Street, Suite 330, Dubuque, Iowa 52001 (563) 589-4381
th
Retum to: Nate Kieffer, 50 West 13 Street, Dubuque, Iowa 52001 (563) 589-4278
EASEMENT AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
WILLIAM C. AND KAY J. TRACY AND WILLIAM D. TRACY, TRUSTEE OF THE
WILLIAM D. TRACY REVOCABLE TRUST DATED DECEMBER 15, 2016
This Easement Agreement ("Agreement") is made and entered into this /6 day
of 6 C -roe R , 2018 by and between the City of Dubuque, Iowa ("City") and
William D. Tracy, Trustee of the William D. Tracy Revocable Trust Dated December 15,
2016, and William C. and Kay J. Tracy, the owners of certain property situated in
Dubuque County, Iowa.
WHEREAS, William C. and Kay J. Tracy and the William D. Tracy Revocable
Trust Dated December 15, 2016 (collectively the "Property Owner") are the owners of
real property legally described as follows:
LOT 2 OF LOT 2 IN THE SOUTHEAST QUARTER (SE Y4) OF SECTION
14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL
MERIDIAN, DUBUQUE COUNTY, IOWA.
("Real Estate"); and
WHEREAS, the City wishes to extend a water main utility, to, through, and
beyond the Real Estate; and
WHEREAS, the City wishes to obtain permanent utility easements for the
extension of the water main utility, ; and
WHEREAS, the City wishes to obtain temporary construction easements for the
extension of the water main utility,; and
WHEREAS, the City wishes to compensate the Property Owner in consideration
for the grant of such permanent and temporary easements; and
)0 oc-
WHEREAS, the City Council, after due and careful consideration, has concluded
that the extension of the water main utility, to, through, and beyond the Real Estate and
that obtaining permanent and temporary easements to extend such utilities by the City
on the terms and conditions hereinafter set forth would further the growth of the City,
would provide for the harmonious development of the City, and would serve the best
interests of the City.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
SECTION 1. PROPERTY OWNER APPROVAL. This Agreement is subject to
final approval and execution by the Property Owner by not later than October 1, 2018.
If the Property Owner does not approve, execute, and deliver this Agreement to the
City's City Manager by such date, the City in its sole discretion may determine whether
to proceed with this Agreement. If the City determines not to proceed, then this
Agreement shall be null and void.
SECTION 2. CITY COUNCIL APPROVAL. This Agreement is subject to final
approval by the City Council by not later than October 22, 2018. If this Agreement is not
approved by such date, it shall be null and void.
SECTION 3. ADMINISTRATIVE COSTS. City agrees to pay the administrative
costs associated with this Agreement, including the filing and recording costs.
SECTION 4. EASEMENTS.
4.1 Property Owner will grant to City one (1) permanent utility easements for the
water main utility, ("Permanent Easement"). The Permanent Easement is described
and set forth in the attached Exhibit A.
4.2 Property Owner will grant to City and its agents access to the Real Estate for the
establishment of the temporary construction accesses prior to receiving compensation.
The one (1) temporary construction easement ("Temporary Easement") is described
and set forth in the attached Exhibit B.
4.3 City will pay Property Owner the appraised property value for compensation for
the Permanent Easement and Temporary Easement granted to City.
4.4 Compensation, as negotiated, (based on fee value of $16,000/ac, with 8% of
fee rate per year for temporary easement):
Permanent Easement
Temporary Easement
$2,080.00 (based on $16,000/ac for 0.13 ac)
$115.20 (based on $1,280 ac/yr for 0.30 ac for 1 yr).
Total Compensation $2,195.20
SECTION 5. FENCE. City will replace the fencing that is disturbed during the
course of construction. Existing openings in the fence will be reinstated in the replaced
fencing so that the location of the opening remains the same. The Iowa Department of
Transportation specifications will be met when replacing the disturbed fencing.
SECTION 6. GROWTH AND BRUSH. City will remove all growth and brush
completely from easement areas.
SECTION 7. CROP DAMAGE. City will reimburse Property Owner for any crops
damaged during construction based on the following formula: (Disturbed area x Bushels
per acre) x Dollars per bushel = Reimbursement to Property Owner. Harvest yield and
dollars per bushel must be provided by the Property Owner at the end of the affected
growing season.
SECTION 8. CONTROLLING AGREEMENT AND WRITTEN MODIFICATION.
The parties agree that all understandings and agreements, if any, previously made
between the parties hereto are merged in this Agreement, which alone fully and
completely expresses their understanding with respect to the subject of this Agreement.
This Agreement may not be changed or terminated orally, but only by an instrument in
writing executed by the parties hereto.
SECTION 9. BINDING AGREEMENT. This Agreement shall be binding upon and
inure to the benefit of the parties hereto, their heirs, successors, and assignees and
shall be recorded with the Real Estate and will apply to any subsequent plats and/or
subdivisions of the Real Estate.
SECTION 10. EFFECT OF INVALID PROVISION. If any provision of the
Agreement is held invalid, such invalidity shall not affect any of the other provisions
contained herein.
SECTION 11. DEFAULT.
11.1 Failure by Property Owner to substantially observe or perform any material
covenant, condition, obligation, or agreement on its part to be observed or performed
under this Agreement constitutes an event of default ("Event").
11.2 Whenever an Event occurs and is continuing, City may take any one or more
of the following actions after giving written notice by City to Property Owner of the
Event, but only if the Event has not been cured within sixty (60) days following such
notice, or if the Event cannot be cured within sixty (60) days and Property Owner does
not provide assurances to City that the Event will be cured as soon as reasonably
possible thereafter:
A. City may suspend any part of or all of its performance under this Agreement
until it receives assurances from Property Owner, deemed adequate by City, that
Property Owner will cure its default and continue its performance under this
Agreement;
B. City may cancel and rescind this Agreement;
C. Property Owner will reimburse City for all amounts expended by City in
connection with the Agreement, and City may take any action, including any legal
action it deems necessary, to recover such amounts from Property Owner; or
D. City may take action, including legal, equitable, or administrative action, which
may appear necessary or desirable to collect any payments due under this
Agreement or to enforce performance and observance of any obligation,
agreement, or covenant under this Agreement.
SECTION 12. NOTICES. Any notice to be delivered pursuant to the terms of the
Agreement shall be delivered or mailed by certified mail, return receipt requested, to the
respective parties at the following addresses:
If to City:
If to Property Owner:
City of Dubuque, Iowa
City Clerk Kevin Firnstahl
50 West 13'" Street
Dubuque, IA 52001
William D. Tracy
12504 Diamond ridge Ct
Clive, IA 50325-3202
William C. and Kay J. Tracy
31467 Bellevue Dr
Bellevue, IA 52031
SECTION 13. GOVERNING LAW. This Agreement is governed by the laws of the
state of Iowa. Appropriate venue for any action arising from or related to this
Agreement is the District Court of Dubuque County, Iowa.
CITY OF DUBUQUE, IOWA
By. tj
Roy D. uol, Mayor
'Dayt n
City of Dubuqe, Iowa
PROPERTY OWNER(S)
By: X 6116/-1-1-1°'''
,,�ww
William D. Tracy, a/k/a William
Trustee of the William D. Tracy
the William D. Tracy Revocable Trust
dated December 15, 2016
By:
William C. Tracy
Kay J. Tracy
Kevin S. Firnstahl, City Clerk
On thisi day of4, 2018, before me, a Notary Public in and for said
state, personally appeared Roy D. Buol and Kevin S. Firnstahl known to me to be the
person(s) named in and who executed the foregoing instrument, and acknowledge that
they executed the same as their voluntary act and deed.
4,07
/OW*
KEVIN S. FIRNSTAHL
COMMISSION NO.745295
MY COMMISSION EXPIRES
Notary Public in the State of Iowa
My
Commission expires
On this Iksfp day of Oc.)rorne,r- , 2018, before me, a Notary Public in and for said
state, personally appeared William D. Tracy, Trustee of the William D. Tracy Revocable
Trust dated December 15, 2016, known to me to be the person(s) named in and who
executed the foregoing instrument, and acknowledge that they executed the same as
their voluntary act and deed.
MICHAEL TRACY
Commission N LiTrer 755837
iy Comrrc. EXP, !.L^.►1-34.?9,
Notary Public in the State of Iowa
My
Commission expires
On this R. day of oc..40 ar , 2018, before me, a Notary Public in and for said
state, personally appeared William C. Tracy known to me to be the person(s) named in
and who executed the foregoing instrument, and acknowledge that they executed the
same as their voluntary act and deed.
MIC-HAEL TRACY
coR;nhSslon Nwrter 755837
My Comm. Ecp. !1- fl •*QQ Q
Notary Public in the State of Iowa
My
Commission expires
On this ike day of co .¢, , 2018, before me, Notary Public in and for said
state, personally appeared Kay J. Tracy known to me to be the person(s) named in and
who executed the foregoing instrument, and acknowledge that they executed the same
as their voluntary act and deed.
MICHAEL TRACY
Gorrniss!on Nuerter 75x837
My Comm. Ezp, 16.1'1-loac!.
Notary Public in the State of Iowa
My Commission expires
EXHIBIT A
EXHIBIT B
09112018
PREPARED BY: Dan Hingtgen, LS, 14052
VIIKS & CO. 1701 Route 35 North East Dubuque, IL 61025 TeL
47-8833
EXHIBIT A
for
A PERMANENT UTILITY EASEMENT FOR WATER MAIN AND FIBER OPTICS LOCATED
IN LOT 2 OF LOT 2, EXCEPTING THEREFROM LOT A OF LOT 2 OF LOT 2, IN THE
SOUTHEAST QUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2
EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA
4
ks)
S 52'01'14 E
286.20'
N 52°01'14" W
273.49'
ENTIRE CURVE
R 815,00'
L = 428.08'
Tan = 219,10'
A = 30°05'41"
N 60°36'10* E
423.18'
70.0'
20.0'
STA. 494+67.1 (240'
"t
PROPERTY OWNER:
William D. Tracy Revocable
Trust (75%) and William Craig
& Kay J. Tracy (25%)
SURVEY REQUESTED BY:
City of Dubuque
FIELD SURVEY CONDUCTED ON:
08/28/18
SCALE 1";---• 150'
0 25 75' 150'
LEGEND
A. SECTION CORNER
X SET MAO NAIL IN
HMA PAVEMENT
0 FOUND MAG NAIL
in FOUND 5/8" REBAR
s'‘"^" with CAP NO. 12631
o FOUND 5/8" RESAR
with CAP NO. 8505
15.0' FIELD MEASUREMENT
oao PREVIOUSLY RECORDED
----- HIGHWAY 61/151 ROW
SW ARTERIAL ROW
PROPOSED WATER MAIN
FENCE UNE
[722::::1 PERMANENT UTILITY EASEMENT
N-RIU TEMPORARY UTILITY EASEMENT
(7) SOUTHERLY CORNER OF LOT 2-2,
EXCEPTING THEREFROM LOT A-2-2
R 815.00'
L = 61A4'
Tan = 30.73'
4°1909"
14 73°29'26" E
61.42'
EASEMENT DESCRIPTION
A PERMANENT UTILITY EASEMENT, 20.08 FEET IN WIDTH, FOR WATER MAIN AND FIBER OPTICS,
LOCATED IN LOT 2 OF LOT 2, EXCEPTING THEREFROM LOT A OF LOT 2 OF LOT 2, IN THE
SOUTHEAST QUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH
PRINCIPAL MERIDIAN, DUBUQUE COUNTY, 10111/A, BEING 10.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
Commencing at the Southerly Corner of said Lot 2 of Lot 2; thence 61.44 feet Northeasterly
along a 815.0 foot radius curve concave Northwesterly, having a 61.42 foot chord bearing
N 73'29'26" E, along the .Southeasterly Line of said Lot 2-2 to the Point of Beginning; thence
N 5201'14" W 273.49 feet to the Southeasterly Right-of-way Line of Highway 61 and there
terminating. Said tract contains 5,868 square feet or 013 acres.
PERMANENT EASEMENT
5,868 Square Feet
0.13 Acres
--SW
--NE 1/4 --
1
14
SE '1/4
• Survey Location
1-88N R2E
Easement
NOTE:
Bois vf Bearing la NAD -83, Iowa State
Plane Coordinate System, North Zone 1401,
TOOT Project No, SIPN-32-1(10)--2c—.31.
gull
GR.
:: . ..
- .
: DANIEL J.
: HINGTGEN :
14052 :
-..
I hereby certify that this land surveying document was
prepared and the related survey work was performed
by me or under my direct personal supervision and
that am a duly licensed Land Surveyor under the laws
of the State4. Iowa.
/OWA
101
1110
((Or
License num, -r:
My registration renewal date is December 31, 2018
Pages or sheets covered by this seal: / 4"VS)
Dan Hingtgen,
zcie e
Surveyor Date
EASEMENT EXHIBIT
Drown by DH Project No.: 8640.00
Drawing Dote: 9/26/18
Drawing Nome: K: V3E4200-080 at to
Tamarack \CAD ‘13oundery Survey.
9
engineers + planners + land surveyors
SHEET 1 of 1
PREPARED BY: Dan Hingtgen, L,S. 14052
KS & co. 1701 Route 35 North East Dubuque, IL 61025 Tel. (815) 747-8833
EXHIBIT B
for
A TEMPORARY CONSTRUCTION EASEMENT FOR WATER MAIN AND FIBER OPTICS
LOCATED IN LOT 2 OF LOT 2, EXCEPTING THEREFROM LOT A OF LOT 2 OF LOT 2,
IN THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 88 NORTH,
RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA
ENTIRE CURVE
52°0114" E R81500
286.20 L = 428.08'
Tan = 219.10"
N 52°01'14" W = 30°05'41"
27349' N 60°3610" E
423.18'
.0'
STA. 4 7 17.1 (140'
TA. 494+67.1 /240*
PROPERTY OWNER:
William D. Tracy Revocable
Trust (75%) and William Craig
Sc Kay J. Tracy (25%)
SURVEY REQUESTED BY:
City of Dubuque
FIELD SURVEY CONDUCTED ON:
08/28/18
SCALE 1" = 150'
0 25 75' 150'
X
LEGEND
SECTION CORNER
SET MAG NAIL IN
HMA PAVEMENT
FOUND MAG NAIL
FOUND 5/8" REBAR
with CAP NO. 12631
n FOUND 5/8- REBAR
with CAP NO. 8505
15.0'
05.07
FIELD MEASUREMENT
PREVIOUSLY RECORDED
HIGHWAY 61/151 ROW
SW ARTERIAL ROW
PROPOSED WATER MAIN
FENCE UNE
PERMANENT UTILITY EASEMENT
ils,„,A1 TEMPORARY UTILITY EASEMENT
A SOUTHERLY CORNER OF LOT 2-2,
EXCEPTING THEREFROM LOT A-2-2
R 815.00'
L 85.16'
Tan = 42.62'
= 5°5912"
S72'3924" W
85A2
EASEMENT DESCRIPTION
A TEMPORARY CONSTRUCTION EASEMENT FOR WATER MAIN AND FIBER OPTICS LOCATED IN LOT
2 OF LOT 2, EXCEPTING THEREFROM LOT A OF LOT 2 OF LOT 2, IN THE SOUTHEAST QUARTER (SE
1/4) OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN,
DUBUQUE COUNTY, IOWA, AS SHOWN ON THIS EXHIBIT.
TEMPORARV EASEMENT
2.935 Square Feet
0.30 Acres
—NW 1/4— —NE 1/4
Easem
SE 1/4
Survey Location
788N R2E
NOTE:
Basle of Bearing a NAD -83. Iowa State
Pione Coordinate System. North Zone 1401,
!DOT Project No. STPN-32-1(10)--2c--31.
nt
o
, s .._‘-..IGR dc
..
..... 6. •..•.„
4..... ....
DANIEL J. :
: HINGTGEN : j--)
14052
'1/4,„ IOWA
Ilvt Its
I hereby certify that this land surveying document was
prepared and the related survey work was performed
by me or under my direct personat supervision and
that I am a duly licensed Land Surveyor under the laws
of the State o
4 A
'14'01'4*
Dan Hingtgen, Surveyor
License number 14.9_,,q_2 _
My registration renewal date is December 31, 2018
Pages or sheets covered by this seal: (rtV‘Z)
EASEMENT EXHIBIT
Drown by 1W Project Na.; 8640.00
Drawing Date: 9/26/18
rowing Name: X: \8640, 00-080 to
Tamarack C'AD‘BouncTory Survey: dwg
SHEET 1 of 1
Prepared by: R. Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Kevin S. Firnstahl, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 324-18
APPROVING THE ACQUISITION OF EASEMENTS UPON REAL ESTATE OWNED BY
WILLIAM C. AND KAY J. TRACY AND WILLIAM D. TRACY, TRUSTEE OF THE WILLIAM
D. TRACY REVOCABLE TRUST DATED DECEMBER 15, 2016, IN DUBUQUE COUNTY,
IOWA
Whereas,, William C. and Kay J. Tracy and William D. Tracy, Trustee of the William D.
Tracy Revocable Trust dated December 15, 2016, are the owners of the real property (the
Property) legally described as follows:
Lot 2 Of Lot 2 In the Southeast Quarter (Se %) Of Section 14, Township 88
North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa
and;
Whereas, the City Manager has tentatively agreed to purchase certain easements on
the Property (the Easements) for the Tamarack Park Water Main Extension Project 2018 from
William C. and Kay J. Tracy and William D. Tracy, Trustee of the William D. Tracy Revocable
Trust dated December 15, 2016 subject to the approval of an Easement Agreement between
City and William C. and Kay J. Tracy and William D. Tracy, Trustee of the William D. Tracy
Revocable Trust dated December 15, 2016 by the City Council, such Easements being shown
on the attached Easement Agreement; and
Whereas,. the City Council has determined that it would be in the best interests of the
Cityto approve the purchase of the Easements from William C. and Kay J. Tracy. and William
D. Tracy, Trustee of the William D. Tracy Revocable Trust dated December 15, 2016.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby approves the Easement Agreement attached hereto.
Section 2. The Mayor is hereby authorized to execute the Easement Agreement on
behalf of the City of Dubuque.
Passed, approved and adopted this 5th day of November
Attest:
Kevin FirnstahlrCMC, City Clerk
Roy D. uol, Mayor
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) 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. 324-18 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 6th day of November, 2018.
Kev' S Firnstahl, CMC, City Clerk