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Two Bits, LLC - Grant of Easement for Water Main Utility Relocation_US Hwy 20/Swiss Valley Road Copyrighted April 1 , 2019 City of Dubuque Consent Items # 10. ITEM TITLE: Two Bits, LLC - Grant of Easement for Water Main Utility Relocation SUMMARY: City Manager recommending acceptance of a Grant of Permanent Public Utility Easementfrom Two Bits, LLC for the relocation of City water main that will be impacted by the upcoming lowa Department of Transportation US20/ Swiss Valley Interchange Project. RESOLUTION Accepting Grantof Permanent Public Utility Easements for water main relocation from Two Bits, LLC SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type Acceptance of Grant of Permanent Public Utility City Manager Memo Easement-MVM Memo Staff Memo Staff Memo Resolution with Grant of Easement and Plat Exhibit Resolutions Resolution Resolutions Grantof Easementwith PIatE�ibit Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of a Grant of Permanent Public Utility Easement City Water Main Relocation lowa Department of Transportation — US20/Swiss Valley Interchange Project DATE: March 27, 2019 Assistant City Engineer Bob Schiesl recommends City Council acceptance of a Grant of Permanent Public Utility Easement from Two Bits, LLC for the relocation of City water main that will be impacted by the upcoming lowa Department of Transportation US20 / Swiss Valley Interchange Project. 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 Robert Schiesl, Assistant City Engineer THE CITY OF Dubuque � All-America City UB E � r � Mas terpiece on the Mississippi Zoo,.2012.Zo13 TO: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer FROM: Robert Schiesl, Assistant City Engineer SUBJECT: Acceptance of a Grant of Permanent Public Utility Easement City Water Main Relocation lowa Department of Transportation - US20 / Swiss Valley Interchange Project DATE: March 27, 2019 INTRODUCTION The purpose of this memorandum is to request City Council acceptance of a permanent public utility easement for the relocation of City water main which will be impacted by the upcoming lowa Department of Transportation (lowa DOT) US20 / Swiss Valley Interchange Project. BACKGROUND The lowa DOT is developing a project to reconstruct US Highway 20, beginning at Cottingham Road and ending at Seippel Road, and constructing a new system interchange at the intersection of US Highway 20 and Swiss Valley Road. This project, known as the Swiss Valley Road Interchange Project will tie into the Southwest Arterial Project. The City currently has an existing 8-inch water main that crosses under US Highway 20 which provides water service to the Crestwood subdivision and future service to the Briarwood subdivision, both on the northerly side of US Highway 20. The existing water main crossing is located within the footprint of the future US20 / Swiss Valley Interchange and will be impacted during construction. As a result, the City will need to relocate the water main as part of the project to ensure that water service to customers is not disrupted. In accordance with the provisions of lowa Administrative Code, the City is responsible for the costs to relocate the impacted water main. The water main relocation will be completed by the lowa DOT as part of the US20 / Swiss Valley Interchange project and the City will reimburse the State for the incurred costs. The City is currently working with the lowa DOT on a funding agreement which will outline the reimbursable costs to be paid by the City. DISCUSSION To facilitate the relocation of the existing 8-inch water main, the City had to identify a new location to cross under US Highway 20. The established water main relocation alignment required the purchase of a permanent public utility easement through, over and across part of the Two Bits, LLC property. In addition to the permanent easement, the City also purchased an 80-foot wide temporary construction easement on the Two Bits, LLC property for temporary use and access during construction of the water main relocation. RECOMMENDATION I recommend that the City Council adopt the attached resolution accepting the Grant of Permanent Public Utility Easement through, over and across part of the Two Bits, LLC property legally described as a parcel of land situated in part of Lot 4 of Key City Subdivision, located in Dubuque County, as shown on the Permanent Public Utility Easement exhibit attached hereto. BUDGETIMPACT The cost for the permanent utility easement acquisition is as follows: Cost Permanent Public Utility Easement $ 1 ,600.00 Temporary Construction Easement 12,400.00 Total Easement Cost $ 14,000.00 The funding for the permanent utility easement acquisition is as follows: CIP No. Fund Description Amount 740 2746 Cottingham Road Water Main (FY20) $ 14,000.00 Total Easement Funding $ 14,000.00 ACTION TO BE TAKEN I respectfully request that the City Council adopt the attached resolution accepting the Grant of Permanent Public Utility Easement from Two Bits, LLC (Joseph Bitter). Attach. cc: Jenny Larson, Budget Director Denise Ihrig, Water Department Manager Brant Schueller, Water Distribution Supervisor F:\PROJECTS\US 20 - Swiss Valley Interchange (lowa DOT)\Water Main Relocation\Property Acquisition 2 Prepared by: Robert D. Schiesl City Hall 50 W 13th Street Dubuque Iowa 52001 Phone: 563.589.4270 Return to: Robert D. Schiesl City Hall 50 W 13th Street Dubuque Iowa 52001 Phone: 563.589.4270 RESOLUTION NO. 111-19 ACCEPTING A GRANT OF PERMANENT PUBLIC UTILITY EASEMENTS FOR WATER MAIN RELOCATION FROM TWO BITS, LLC Whereas, the City of Dubuque entered into a Purchase Agreement for the purchase of permanent public utility easements for water main relocation with Two Bits, LLC, described as: A PARCEL OF LAND SITUATED IN PART OF LOT 4 OF KEY CITY SUBDIVISION, COUNTY OF DUBUQUE, STATE OF IOWA As more particularly shown on the attached Grant of Permanent Public Utility Easement; and Whereas, the terms of the Purchase Agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Permanent Public Utility Easements attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this Resolution and the Grant of Permanent Public Utility Easements with the Dubuque County Recorder. Passed, adopted and approved this 1St day of April 2019. Attest: Kevin(. Firnstahl, C`MC, City Clerk ()Noy D. Buol, Mayor Prepared by: Robert D. Schiesl City Hall 50 W 13th Street Dubuque lowa 52001 Phone: 563.589.4270 Return to: Robert D. Schiesl City Hall 50 W 13th Street Dubuque lowa 52001 Phone: 563.589.4270 GRANT OF PERMANENT PUBLIC UTILITY EASEMENT For and in consideration of the sum of SIXTEEN HUNDRED DOLLARS ($1 ,600.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, JOESEPH R. BITTER, of Dubuque County, State of lowa, for himself, his heirs and assigns, does hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA (City), a municipal corporation, its agents and contractors, for the benefit of the City of Dubuque and all other public utilities, from the date hereof, a permanent public utility easement through, under and across the following described real estate situated in Dubuque, lowa, to wit: A PARCEL OF LAND SITUATED IN PART OF LOT 4 OF KEY CITY SUBDIVISION, COUNTY OF DUBUQUE, STATE OF IOWA, as shown on the easement plat attached hereto. Said easement shall be for the purpose of constructing and maintaining public utilities and other appurtenances, along with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. It is understood and agreed that the public utility owner(s) shall restore the disturbed area due to the construction, maintenance or repair of said public utilities and other appurtenances. Grantor shall not erect any structure over or within the easement area without obtaining the prior written approval of the applicable public utility owner(s). Grantor shall not change the grade, elevation, and contour or perform any construction or excavation that will diminish the lateral support or integrity of said improvements without obtaining the prior written consent of the public utility owner(s). To have and to hold unto the said City of Dubuque, lowa, forever, and the undersigned do hereby expressly covenant that he is the owner in fee of said real estate and have 1 good right to execute this agreement, and that the Grantee, its agents or contractors, and all other public utilities shall at all times have free access to and egress from and oversaid real estate to maintain or repairsaid public utilities thereon ortherein. �� �� Dated at Dubu ue lowa this :�, �� da of March 2019. a , v , �. ���`: ,, .���u.,� . � �_.��' Josep , ".. Bitter, Manager Two Bits, LLC. NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: . '��,-� . On this day of March , 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Joseph R. Bitter, to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that the� executed the same as their voluntary act and deed. --.--- ___ .___ ,�� �,� �����J� �1���.�'� � � ��. '� ��n�r�a�s���Nun�ber��8t�9Q ;� . � i�y i �t p�res • � f -���� ,�JP�° ,�� �(t^r��!L - �.e�� i ��,''I ��'� '°� ��/� ?F Y�d i `��3��� Nota Pu��lic�� a.�d For Said ate rY � ,,� i PREPARED BY:Dan Hingtgen, L.S. 14052 �1�VHKS& CO. 1701 Route 35 North East Dubuque, IL 61025 Tel.(815)747-8833 E�H I B IT A PROPERTY OWNER: Two Bits, LLC for SURVEY REQUESTED BY: A PERMANENT UTILITY EASEMENT, FIVE (5) FEET IN WIDTH, FOR WATER MAIN, City of Dubuque LOCATED IN LOT 4 IN KEY CITY SUBDIVISION, DUBUQUE COUfVTY, IOWA FIELD SURVEY CONDUCTED ON: N ot Su rveyed U.S. HIGHWAY 20 Northwest Corner of Lot 4 - S 89°42'34" E 287.05' . � S 89°42'34" E 272.29' � —� . . . 20.00' Existing 15.00' ' Utility Easement -=r—5.0 0' Z Z o p N N 0 0 � � � z z c�n � Qr w o r'J w o -� 6 � _ 0� �, N �p� �, N �O � �' � o �' o . � � IV � N -P � U1 � W � < C � N PERMANENT EASEMENT � W � � 1,524.7 Square Feet " 0.035 Acres more or less Existing 10.00' ' Exisitng 15.00' Utility Easement I Utility Easement , . . , � � o � n � 66.00� N 89 39 39 E 272•27 DRIVE-66.00� Row o � „ , WEST KEY Row N 8 9 3 9 3 9 E 2 7 5.8 7 — . . . . . . . . . . � / . . � 1 I � i � Exisitng 15.00' ( ( Utility Easement ( ( � � � 1 3 � 2 p� 1 O� �O � I L L . � I � � I II � � EASEMENT DESCRIPTION Easement A PERMANENT UTILITY EASEMENT FIVE 5 FEET IN LEGEND ' � � I I WIDTH, FOR WATER MAIN, LOCATED IN LOT 4 IN Nw 1/4——NE �/4 ROW LINE KEY CITY SUBDIVISION, DUBUQUE COUNTY, IOWA, NORTH I I EXISITNG UTILITY AND MORE COMPLETELY DESCRIBED AS FOLLOWS: I �3 I EASEMENT l I PROPOSED UTILITY The East five (5) feet of the West twenty (20) SCALE 1" = 100' � I -- EASEMENT LINE feet of Lot 4 in said Key City Subdivision, and sw i1�4——SE i1�4 excepting therefrom the existing North and South � � PROPERTY LINE existing platted utility easements and 0 25' S0' 100' PERMANENT UTILITY right—of—woy. Said easement contains 1,524.7 Survey Location EASEMENT square feet or 0.035 ocres more or less. T88N R1 E ,`,��,,�,���,��� I hereby certify that this land surveying document was EASEM�NT EXHIBIT � �, prepared and the related survey work wos performed ��`� ENGR' �� ���, by me or under my direct personal supervision and Drawn by.OH Project No.:8786.00 ;� ��".••'���'••,�i '; that I am o duly licensed Land Surveyor under the laws Drawing Date:03/08/19 � Q�•� �.� � of the StOte Of lOWc7. Drdwing Name:K.��8786.00—Hwy 20—Swiss l/alley . � �� . � O • D A N I E L J � G " WM�Easem en t�Key Ci ty Easem en t.dwg � _ � : H I N GTGEN : � ; � ' ;v� 14052 �o; � � � •� � � � Dan Hingtgen, n Surveyor pote . . . . '�� � �'•.....•'� �3 �.` License number: 14052 - �'��, /�WA ����� My registrotion renewol dote is December 31, 2020 engineers+planners+land surveyors ���'�""'����, Pages or sheets covered by this seal: I ���� SHEET 1 of 1 1 Prepared by: Robert D. Schiesl City Hall 50 W 13th Street Dubuque Iowa 52001 Phone: 563.589.4270 Return to: Robert D. Schiesl City Hall 50 W 13th Street Dubuque Iowa 52001 Phone: 563.589.4270 GRANT OF TEMPORARY CONSTRUCTION EASEMENT For and in consideration of the sum of TWELVE THOUSAND FOUR HUNDRED DOLLARS ($12,400.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, JOESEPH R. BITTER, of Dubuque County, State of Iowa, for himself, his heirs and assigns, does hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA (City), a municipal corporation, its agents and contractors, from the date hereof, a temporary easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A PARCEL OF LAND SITUATED IN PART OF LOT 4 OF KEY CITY SUBDIVISION, COUNTY OF DUBUQUE, STATE OF IOWA, as shown on the easement plat attached hereto. Said temporary construction easement shall be for the purpose of constructing and installation water main (the Work) along the westerly property line of the above described real estate, and within an existing public utility easement, in accordance with the easement plat attached hereto. Said easement shall be null and void upon completion and acceptance of the Work by the City Engineer. It is understood and agreed that City shall restore the work area due to the construction. To have and to hold unto said for the duration of the Work, and the undersigned does hereby expressly covenant that he is the owner in fee of said real estate and has good right to execute this Grant of Temporary Construction Easement, and that City, its agents or contractors, shall at all times during construction have free access to and egress from and over said real estate for the purpose of this easement. Dated at Dubuque, Iowa this .Je!:~tTi . Bitter, Manager Two its, LLC. STATE OF IOWA, COUNTY OF DUBUQUE , SS : day of __ ..:....;.M-=a'-'--rc=h-=-----' 2019. NOTARY PUBLIC On this cPJ.1--{t--day of March , 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Joseph R. Bitter, to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. 2 PREPARED BY: Dan Hingtgen, L.S. 14052 WHKS&co. 1701 Route 35 North East Dubuque, IL 61025 Tel. (815) 747-8833 EXHIBIT B for A TEMPORARY CONSTRUCTION EASEMENT, EIGHTY (80) FEET IN WIDTH, FOR WATER MAIN CONSTRUCTION LOCATED IN LOT 4 IN KEY CITY SUBDIVISION, DUBUQUE COUNTY, IOWA Northwest Corner of Lot 4 TEMPORARY CONSTRUCTION EASEMENT EASEMENT DESCRIPTION U.S. HIGHWAY 20 · -S 89°42'34" E 272.29' z I I NW 1/4--NE 1/4 I I PROPERTY OWNER: Two Bits, LLC SURVEY REQUESTED BY: City of Dubuque FIELD SURVEY CONDUCTED ON: Not Surveyed z 0 \..o\ e, 0 0 N 0 "3 ....... :E LEGEND A TEMPORARY CONSTRUCTION EASEMENT, EIGHTY (80) FEET IN WIDTH, FOR WATER MAIN, LOCATED IN LOT 4 IN KEY CITY SUBDIVISION, DUBUQUE COUNTY, IOWA, AND MORE COMPLETELY DESCRIBED AS FOLLOWS: ,___I _____, ,___~I--< I I ---ROW LIN E EXISTING UTILI TY EASEMENT ----PROPERTY LINE I I S W 11/4 --SE 11 /4 SCALE 1" = 100' I I 0 25' 50' 100' """"''-°""' .. .""1 TEMPORARY ~.'>-~ "\ >-.::::! CONSTRUCTION . EASEMENT The East eighty (80) feet of the West one-hundred feet (100') of Lot 4 in said Key City Subdivision, and excepting therefrom the exis ting North and So uth existing platted utility easements and right-of -way. Sa id tract contain s 2 4,358.1 s quare fe et o r 0.559 acres more or l es s. Survey Location ,,,,,,, ..... ,,,,, ,...... t..~GR & ,,,, , .. ~-••••••• /..4,. ,, ,' ~ e• •e v~ ", ~ <( •• •• -:.. ... . .. (\ - : Q . ·~-:. ::L,J: DANI EL J . ~;ci : ; 3: HIN GTGE N ! ~ § : Ll • 14052 • (§ :: ~?··. .:-:o : ,, . . ' , A •. ••..A.. ' ',, "W • • • • • • • "W ,, ... ,,,, /OW/\ ,, .... ,,,,,,,, ... ,,,,,, I hereby certify that this land surveying docum ent was prepared and th e related survey work was performed by me or under my direct personal supervision and that I am a duly licen sed Land Surveyor under the la ws of th e Sta f I Lic ense number: 14052 My registration ren ewal date is De cember 31, 2020 ) Pag es or sheets cover ed by this se al : I /.inJt T88N R1 E EASEMENT EXHIBIT Drown by: DH Project No.: 8786.00 Drawing Date: 03/14/19 Drawing Nome: K: \8 786. 00-Hwy 20-Swiss Volley WM \Eosem ent \K ey City Eosem ent.d wg SHEE T 1 of 1 11111111111 111111111111111E1 11 1E1111111111111111111111111111 Doc ID: 010263670005 Type GEN Kind EASEMENT Recorded: 04/02/2019 at 02:02:57 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Q(Recorder Fi1e2019-00003201% Prepared by: Robert D. Schiesl City Hall 50 W 13th Street Dubuque Iowa 52001 Phone: 563.589.4270 Return to: Robert D. Schiesl City Hall 50 W 13th Street Dubuque Iowa 52001 Phone: 563.589.4270 GRANT OF PERMANENT PUBLIC UTILITY EASEMENT For and in consideration of the sum of SIXTEEN HUNDRED DOLLARS ($1,600.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, JOESEPH R. BITTER, of Dubuque County, State of Iowa, for himself, his heirs and assigns, does hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA (City), a municipal corporation, its agents and contractors, for the benefit of the City of Dubuque and all other public utilities, from the date hereof, a permanent public utility easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A PARCEL OF LAND SITUATED IN PART OF LOT 4 OF KEY CITY SUBDIVISION, COUNTY OF DUBUQUE, STATE OF IOWA, as shown on the easement plat attached hereto. Said easement shall be for the purpose of constructing and maintaining public utilities and other appurtenances, along with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. It is understood and agreed that the public utility owner(s) shall restore the disturbed area due to the construction, maintenance or repair of said public utilities and other appurtenances. Grantor shall not erect any structure over or within the easement area without obtaining the prior written approval of the applicable public utility owner(s). Grantor shall not change the grade, elevation, and contour or perform any construction or excavation that will diminish the lateral support or integrity of said improvements without obtaining the prior written consent of the public utility owner(s). To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that he is the owner in fee of said real estate and have 1 1100) C .t, cuAs i.kca / good right to execute this agreement, and that the Grantee, its agents or contractors, and all other public utilities shall at all times have free access to and egress from and over said real estate to maintain or repair said public utilities thereon or therein. Dated at Dubuque, Iowa this JosepBitter, Manager Two Bits, LLC. STATE OF IOWA, COUNTY OF DUBUQUE, SS: day of March , 2019. NOTARY PUBLIC On this pC ('� day of March , 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Joseph R. Bitter, to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. KERRY JO BRADLEY Commission Number 808090 My pp15�si�rares1112(-2i Notary P • lic d `d For to a Said PREPARED BY: Dan Hingtgen, L.S. 14052 WHKS & co. 1701 Route 35 North East Dubuque, IL 61025 Tel. (815) 747-8833 EXHIBIT A for A PERMANENT UTILITY EASEMENT, FIVE (5) 5 FEET IN WIDTH, FOR WATER MAIN, LOCATED IN LOT 4 IN KEY CITY SUBDIVISION, DUBUQUE COUNTY, IOWA PROPERTY OWNER: Two Bits, LLC CitySURVY REQUESTED BY: of Dubuque FIELD SURVEY CONDUCTED ON: Not Surveyed U.S. HIGHWAY 20 /— Northwest / Corner of Lot 4 / Z N 0) W I. S 89°42'34" E 287.05' — • 20.00' Existing 15.00' J Utility Easement 5.00' Z N co rn ' k_01 4 r..0 T — S 89°42'34" E 272.29' — z to o N `01 5 0 O A " COn * N 00°20'21" W O W N PERMANENT EASEMENT - N ba 1,524.7 Square Feet 0.035 Acres more or lees T ss°°' Exisitng 15.00' Utility Easement Existing 10.00' Utility Easement T N 89°39'39" E T 272.27' �— ss oo' ROW —� EASEMENT I- WEST— N 89°39'39" E 275.87' Exisitng 15.00' Utility Eosement V.013 DESCRIPTION KEY LO( 2 I eEasement DRIVE— Row I • _ r �0C 11 I' 1 LEGEND A PERMANENT UTILITY EASEMENT, FIVE (5) FEET IN WIDTH, FOR WATER MAIN, LOCATED IN LOT 4 IN KEY CITY SUBDIVISION, DUBUQUE COUNTY, IOWA, NORTH —NW I1/4— I —NE I1/4— 1 — — — ROW LINE — — EXISITNO UTILITY AND MORE COMPLETELY DESCRIBED AS FOLLOWS: The East five (5) feet of the West twenty (20) SCALE 1" = 100' feet of Lot 4 in said Key City Subdivision, and I13 I —SW 1/4 --SE 1 I 1/4— EASEMENT PROPOSED — — — — EASEMENT LINE excepting therefrom the existing North and South existing platted utility easements and 0 25' 50' 100' 1 PROPERTY LINE MT= UTILITY right—of—way. Said easement contains 1,524.7 Survey Location LIPPV'V square feet or 0.035 acres more or less. T88N R1E Isurveyuwo surveying ,,,`,,,r,rrrr,,,r,�,, prepared andithe related that this ��s eG os1GR. &' ,., by me or under my direct personal supervision and .V`,. .,�i ; thot I am a dul licensed Land Surveyor under the lows Q • ,n of the State wa. Q•� •DANIEL J. C /�� // V) : HINGTGEN ,.•• 14052 �!� ,l/iVfig EASEMENT EXHIBIT Drawn by.OH Project No.:8786.00 Drawing Date: 03/08/19 Drawing Name:/0' \8788.00 -Hwy 20 -Swiss Vo/ley w lEase enriK y cry Eose e r.dw9 engineers + planners + land surveyors SHEET 1 of 1 •:�� Dan Hingtgen, •nd'rurveyor Date .'•.., .•'" �i s License num •er: 14052 � ''‘ /0 WA, �,0 My registration renewal date is December 31, 2020 ,r""""',,,, Pages or sheets covered by this seal' / (,A% Prepared by: Robert D. Schiesl City Hall 50 W 13th Street Dubuque Iowa 52001 Phone: 563.589.4270 Return to: Robert D. Schiesl City Hall 50 W 13th Street Dubuque Iowa 52001 Phone: 563.589.4270 RESOLUTION NO. 111-19 ACCEPTING A GRANT OF PERMANENT PUBLIC UTILITY EASEMENTS FOR WATER MAIN RELOCATION FROM TWO BITS, LLC Whereas, the City of Dubuque entered into a Purchase Agreement for the purchase of permanent public utility easements for water main relocation with Two Bits, LLC, described as: A PARCEL OF LAND SITUATED IN PART OF LOT 4 OF KEY CITY SUBDIVISION, COUNTY OF DUBUQUE, STATE OF IOWA As more particularly shown on the attached Grant of Permanent Public Utility Easement; and Whereas, the terms of the Purchase Agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Permanent Public Utility Easements attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this Resolution and the Grant of Permanent Public Utility Easements with the Dubuque County Recorder. Passed, adopted and approved this 1st day of April 2019. D oy D. Buol, Mayor Attest: Kevin . Firnstahl, A -.C, City Clerk • 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. do further state that the hereto attached Resolution No. 111-19 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 2nd day of April, 2019. Kevi S. Firnstahl, CMC, City Clerk