Acceptance of Grant of Easement of Sidewalk and Public Utilities_DUBKIN Copyrighted
September 3, 2019
City of Dubuque Consent Items # 17.
ITEM TITLE: Acceptance of Grantof Easementof Sidewalkand Public
Utilities from DUBKIN, LLC
SUMMARY: City Manager recommending acceptance of a Grant of
EasementforSidewalkand Public Utilitiesfrom DUBKIN,
LLC across property in the northeast corner of the J FK
Road and Hillcrest Road intersection, as part of the J FK
Road and Hillcrest Road Traffic Signal Project.
RESOLUTION Accepting Grantof EasementforSidewalk
and Public Utilities associated with the JFK Road
and Hillcrest Road Traffic Signal Project, in the City of
Dubuque, lowa
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Acceptance of Grant of Easement for Sidewalk and City Manager Memo
Public Uiilitiesfrom DUBKIN LLC-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Grant of Easement DUBKI N Supporting Documentation
Easement Map Supporting Documentation
Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of a Grant of Easement for Sidewalk and Public Utilities from
DUBKIN LLC as part of the JFK Road and Hillcrest Road Traffic Signal
Project
DATE: August 27, 2019
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Easement for Sidewalk and Public Utilities from DUBKIN LLC across property in the
northeast corner of the JFK Road and Hillcrest Road intersection, as part of the JFK
Road and Hillcrest Road Traffic Signal Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
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
Dubuque
THE CITY OF ��
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TO: Michael C. Van Milligen, City Manage � �—�'--
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FROM: Gus Psihoyos, City Engineer �.,,��._�
SUBJECT: Acceptance of a Grant of Easement for Sidewalk and Pubiic Utilities from DUBKIN LLC
as part of the JFK Road and Hillcrest Road Traffic Signal Project
DATE: August 22, 2019
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Grant of Easement for Sidewalk and Public
Utilities across property in the northeast corner of the JFK Road and Hillcrest Road intersection, in the
City of Dubuque, as part of the JFK Road and Hillcrest Road Traffic Signal Project.
BACKGROUND
The existing traffic signal in the northeast corner of the JFK Road and Hillcrest Road intersection was
recently found to be structurally unsound and the City is working to replace the signal. As part of the
signal replacement the City plans to replace the existing non-compliant ADA ramp at the corner. As the
project design progressed it was found that in order to install ADA compliant sidewalk ramps the traffic
signal pole and foundation would have to be moved onto adjacent private property. The property in the
northeast corner of JFK Road and Hillcrest Road which is occupied by the Fareway grocery store
business is owned by DUBKIN LLC.
DISCUSSION
The proposed traffic signal improvements, including traffic signal poles, sidewalks, cabinets and utility
relocations are partially located on the DUBKIN LLC property. The City acquired a permanent easement
for the purpose of constructing, operating and maintaining the traffic signal pole, sidewalks, cabinets and
utilities across the property. The grant of easement and plat are shown on the attached exhibits.
RECOMMENDATION
I recommend accepting the Grant of Easement for Sidewalk and Public Utilities across the DUBKIN LLC
property as shown on Exhibit A attached to the Grant of Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the dedication of Grant of Easement for Sidewalk and Public Utilities
from DUBKIN LLC through the adoption of the enclosed resolution.
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PROPOSED
EASEMENT AREA
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Doc ID: 010347730005 Type GEN
Kind: EASEMENT
Recorded: 09/05/2019 at 04:21:29 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
Fiie2019-00010543
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR SIDWEWALK AND PUBLIC UTILITIES
For and in consideration of Three Thousand Six Hundred Seventy One and
85/100's Dollars ($3,671.85) and other good and valuable consideration,
DUBKIN LLC, a Delaware Limited Liability Company, ("Grantor") does hereby
grant to the City of Dubuque ("Grantee"), a municipal corporation, its agents and
contractors, from the date hereof, a right of way and easement through, under
and across the following described real estate situated in Dubuque County, Iowa,
to wit:
Part of Lot 1 of Lot 2 in Block 6 of Asbury Springs Subdivision No. 4, in the
City of Dubuque, Iowa as shown on Exhibit A attached hereto and by
reference made a part hereof.
Said easement shall be as shown on the attached Exhibit A for the purpose of
constructing a public sidewalk and 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 Grantee herein shall restore the disturbed
area due to the construction, maintenance or repair of said public utilities and
other appurtenances. Grantee agrees to use commercially reasonable efforts to
minimize disturbance to the businesses operated at the property when exercising
its easement rights.
Grantor shall not erect any structure over or within the easement area without
obtaining the prior written approval of the City Engineer. 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 City Engineer.
-7°°6PG- nQ
To have and to hold unto the said City of Dubuque, Iowa, forever, and the
undersigned do hereby expressly covenant that they are the owners in fee of
said real estate and have good right to execute this agreement, and that the
Grantee, its agents or contractors, 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.
This easement is subject to all matters of record.
Dated at Dubuque, Iowa this day of ��vs-�' , 2019.
By:
Name ANDREW M. SCHREIER ,
Title VICE PRESIDENT
DUBKIN LLC
By its Manager
Kinsan Management Corp.,
A Delaware Corporation
NOTARY PUBLIC
STATE OF FLORIDA,
COUNTY OF PALM BEACH, SS:
On this 00'41/4- day of 1.\,,yw,s1- , A.D., 2019 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared
,A,nJrrs.w) 11.. � � a ��.r , 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.
I..
N(� Pip
IY Orin c - State of Florida
..ommission # FF 949821
a� ;a My Comm. Expires Feb 23, 20200 Bonded through National N+; r
Notary Public In and For Said State
Reserved for Recorder
Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270
Dubuque
Itthitg
All -America City
t
2007
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 13th STREET
DUBUQUE, IA 52001-4864
PHONE (563) 589-4270 FAX (563) 589-4205
Drawn By:
RNK
Approved By:
RNK
I Date: 08-12-2019
PART OF LOT 1 OF LOT 2, BLOCK 6,
ASBURY SRINGS SUBDIVISION NO. 4
CITY OF DUBUQUE, IOWA
C.I.P. Number: I Sheet Number: 1 of 1
1°0 r^
n
FOUND
CHISELED
"X" ON CONC.
L"`SIDEWALK
LOT 2-1-1, BLK. 21
KEY KNOLLS SUB.
INST. NO. 2013-17868
FOUND 5/8"
REBAR W/CAP
"KOELKER 15487"
n
NO2'03'O8'W 418.02')
FACE OF STONE
RETAINING WALL
4709'22"W 33.17'
SI
902113'08•E22.91'
02'03'08'E 11.13'
8
LOT 2-1, BLK. 6
ASBURY SPRINGS SUB.
NO. 4
INST. NO. 9514-79—
Ig
114
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LL, 88702'11'E 19.95'
NOTES:
CITY OF DUBUQUE
EXHIBIT A - SIDEWALK & PUBLIC UTILITY EASEMENT
COUNTY DUBUQUE PARCEL NO 1022301001 JOB NO.
PROJECTJFK & HILLCREST SIGNALSECTION 22 TWP 89N RANGE 2E
ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T 269 SQ. FT.
LEGAL DESCRIPTION LOT 1-2, BLOCK 6, ASBURY SPRINGS SUB, NO. 4, CITY OF DUBUQUE
OWNER DUBKIN LLC
FACE OF STONE
RETAINING WALL
8910'29'E 23.50'
90'29'W 25.01'
019'W 24.92'
I
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF ABOVE DESCRIBED LOT: DUBKIN LLC
3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA
4. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF
RECORD.
PERMANENT SIDEWALK
AND PUBLIC UTILITY EASEMENT
OVER LOT 1-2, BLK. 6, ASBURY
SPRINGS SUB. NO. 4 - 269 SQ. FT.
LOT 2-2, BLK. 6
ASBURY SPRINGS SUB.
NO. 4
INST. NO. 9210-79
FOUND
CHISELED
"X" ON TRAFFIC
SIGNAL POLE BASE
LOT 1-2, BLK. 6
ASBURY SPRINGS SUB.
NO. 4
INST. NO. 9210-79
98910'29*W 383.18'
HILLCREST ROAD (55' R.O.W.)
NOTE:
THIS SURVEY IS LOCATED IN THE
SW 1/4 SECTION 22, T89N, R2E
(DUBUQUE TOWNSHIP)
OF THE 5TH P.M. IN THE
CITY OF DUBUQUE, DUBUQUE
COUNTY IOWA
L-180.57'
R-882.80'
dr -1159'39'
CHORD -N04 43'25'E
180.24'
NORTH
0 20' 40'
SCALE 1" = 40' FEET
80'
98910'29'W 382.98'
FOUND5/8
REBAR
ON W. R.O.W.
LINE PASADENA DR.
Ft
s.
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„ . *0 �(�� ...
0,,,,/,,,e' '••"G
49
o m
•RUSSELL. N. :-4.
• a f. KIEFFER : P
18128
• •
• III
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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 I am a duly licensed Land
Surveyor under the laws of the State of Iowa.
For the City of Dubuque
7/1. Ie:::2) o -If-MI q
Russell N. Kieffer Iowa Lic. No. 18128 Date
My license renewal date is December 31, 2020
Pages or sheets covered by this seal: THIS PAGE ONLY
LOT 1-1, BLK. 6
ASBURY SPRINGS SUB.
NO. 4
INST. NO. 9514-79
Se0.021/"E
HILL C°—
REST ROAD S
(50' R. 0. W.)
LEGEND
0
R.O.W.
(100.00')
FOUND IRON ROD/PIPE
SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128
RIGHT OF WAY
RECORD DIMENSION
LINE BREAK
ADJACENT PROPERTY LINE
RIGHT OF WAY LINE
PROPOSED EASEMENT LINE
L-123.55'
R-325.00'
X2148'53'
CHORD-N89'04'19'E
122.81'
PASADENA DRIVE (50' R.O.W.)
FOUND 5/8"
7REBAR
i
N881449'E 50.001OIN. LINE ONLY)
g1
%trw 41.0
FOUND5/8"
REBAR
Prepared by: Nate Kieffer, City of Dubuque 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street Dubuque IA 52001 (563) 589-4270
RESOLUTION NO. 315-19
ACCEPTING GRANT OF EASEMENT FOR SIDEWALK AND PUBLIC UTILITIES
ASSOCIATED WITH THE JFK ROAD AND HILLCREST ROAD TRAFFIC SIGNAL
PROJECT, IN THE CITY OF DUBUQUE, IOWA
Whereas, DUBKIN LLC, has executed a Grant of Easement for Sidewalk and Public
Utilities across Part of Lot 1 of Lot 2 in Block 6 of Asbury Springs Subdivision No. 4, in
the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for Sidewalk and Public Utilities, across Part of
Lot 1 of 'Lot 2 in Block 6 of Asbury Springs Subdivision No. 4, in the City of Dubuque,
Iowa, from DUBKIN LLC, a copy of which are 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. The City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution with said Grant of Easement for Sidewalk and Public Utilities, in
the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 3rd day of September 2019.
Roy D. Buol, Mayor
Attest:
Kevi S. Firnstahl,CMC, City Clerk
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. 315-19 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 4th day of September, 2019.
Kevir(S. Firnstahl, CMC, City Clerk