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Acceptance of Grants of Easements for Sidewalk/Public Utilities at JFK/Hillcrest Roads for Dupaco Copyrighted September 3, 2019 City of Dubuque Consent Items # 18. ITEM TITLE: Acceptance of Grants of Easements for Sidewalk and Public Utilities from Dupaco at JFK Road and Hillcrest Road. SUMMARY: City Manager recommending acceptance of a Grant of Easement for Sidewalk and Public Utilities across property in the southeast corner of the J FK Road and Hillcrest Road intersection from Dupaco Community Credit Union, as part of the JFK Road and Hillcrest Road Traffic Signal Project. RESOLUTION Accepting a Grant of Easement for sidewalk and public utilities associated with the JKF 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 from Dupaco City Manager Memo Community Credit Union-MVM Memo Staff Memo Staff Memo Resolution Resolutions Grant of Easement Dupaco Supporting Documentation Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 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 Dupaco Community Credit Union as part of the JFK Road and Hillcrest Road Traffic Signal Project DATE: August 28, 2019 City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of Easement for Sidewalk and Public Utilities across property in the southeast corner of the JFK Road and Hillcrest Road intersection from Dupaco Community Credit Union, 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 Dubuqu� THE CITY OF �� ' �. ..,.�,..; �iF�sr�es��► �L,T� �� ,sia, , �,. � �� ��► � � Mc�ste� iece on tl2e Mississi i Zoo7.�o��.zo�� �' �p za��*�o�� TO: Michael C. Van Milligen, City Manag FROM: Gus Psihoyos, City Engineer �- .� - . SUBJECT: Acceptance of a Grant of Easement for Sidewalk and Public Utilities from Dupaco Community Credit Union as part of the JFK Road and Hillcrest Road Traffic Signal Project DATE: August 27, 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 southeast 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 southeast 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 southeast corner of JFK Road and Hilicrest Roaa inciudes an existing banking facility and is owned by Dupaco Community Credit Union. DISCUSSION The proposed traffic signal improvements, including traffic signal poles, sidewalks, cabinets and utility relocations are partially located on the Dupaco Community Credit Union property. The City is acquiring a permanent and temporary construction 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 Dupaco Community Credit Union 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 Dupaco Community Credit Union through the adoption of the enclosed resolution. •;��_ _.-,... -__ ;: � oubuque CITY OF DUBUQUE CITY � F DUBU UE �� �, ENGINEERI 'G DEPARTMENT � , �- � � , : CITY HALL 5'� WEST 13th STREET EXHIBIT B � TEMPORARY CONSTRUCTION EASEMENT ���. �� . �-��� �� �.-� ��� t - All-America Cit y oueuczu ;: ia 5200'I-4864 I ��� � � � k P H O N E (5 6 3)5 8 9-4 2� O F A X (5 6 3)5 8 9-4 2 0 5 i s�:. ': � ' �i ' DrawnBy: RNK Approvetls y: RNK �ate: 08-27-2019 �� --� . :, �.�"` ; . i , �[_�k'-� 1 P A R T O F L O Ti; O F L O T 1, B L O C K 6, C O U N T Y___._ DUBUn�,,'E_�___P A R C E L N O.__.. ���23�J2�U� �_J O B N O.___ a.r �': �� �q � � � ASBURY SRW' S SUBDIVISION NO.4 PROJECTJFK& HILLCI;EST SIGPdA�SECTION 22 TWP 89N__RANGE 2E � '" ,� - ------- ' �' ` 2007 a � CITY OF UBUQUE, �ow,4 ROW-FEE N/A �_._EXIST. ROAD__t�/A� PERM. EASEM'T �29 SQ: FT �� ,,, �,.C.I,P.Number. Sheet Number: 'I of 'I , , '��� ' LEGAL DESCRIPTION ��T �-1. e�aci<s, ASBURY SPRINGS SiJB. NO. 4, CITY OF DUBUQCfE � � �,,� < �, I f;' ___�. . -��- � � OWNER DUP�GO CO�UIMUNITY CREDIT UNlON " ` ,_ � ' ; �: ;; _° ( : ' , � � � ' ; �_ ,� � I ` : r LOT 1-2, BLK. 6 �� ` � �.. � LOT 2-2, BLK. 6 ASBURY SPRINGS SUB. `+� � ��., ����`- >_. I I, ASBURY SPRINGS SUB. N0. 4 ' ��^ �, �.,, , -ti _. _--,�-�i--�. .,y �,: N 0. 4 ., ��,� I N ST 9 21 7 9 ? z�.... • ��::� , _�' �, ,'. .. I ,. , � �kNST. 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ALLMEASUREMENTSAREWFEETANDDECIMALSTHEREOF. �O�D �' (SO� /-� �' � '� �� � � .. i � `�.,, �' � 2. PROPRIETOR OF ABOVE DESCRIBED LOT:DUPACO COMMUNITY CREDIT UNION R ` / ` - .y � � '+�W'-P` � _ ' � �.,* � 3. SURVEY REQUESTED 8Y:CITY OF DUBUQUE,50 W.13TH ST.DUBUQUE,IOWA "•W, 1 k `�� -.-� -, -� �� 4. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD�AND NOT OF � "�-� � �� � �� Q RECORD. `�"'a•. ,-.. �. . .. �� � _ � % � _ � �'" � ; a � � i; � - �- �'�� y , s� k '�,,` �.. �°�', w , <, . ��t N::� � s 111111111 11111 I NII' !YY 111 V 11111111 Doc ID: 010347740005 Type: GEN Kind: EASEMENT Recorded: 09/05/2019 at 04:21:49 PM Fee Amt: $27.00 Pape 1 of 5 Dubuque County Iowa John Murphy Recorder File2019-00010544 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 the Two Thousand Eight Hundred Twenty Eight and 28/100's Dollars ($2,828.28) and other good and valuable consideration, DUPACO COMMUNITY CREDIT UNION, an Iowa Corporation, ("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 1 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. Together with the right to enter upon said property and occupy the temporary easement area as shown on the attached Exhibit B during the period of construction until the project is accepted by City Council. 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 ay. Ci+ ern; neer 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. 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. Dated at Dubuque, Iowa this day of /,l G`i,s , 2019. By: DUPACO COMMUNITY CREDIT UNI NOTARY PUBLIC STATE OF IOWA, F. Hearn, President COUNTY OF DUBUQUE, SS: On this day of 4L/9u.c' , A.D., 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Joseph F. Hearn, 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. DEBRA DIGMANN COMMISSION NUMBER 167808 * MYCOMMI SION EXPIRES J 2 ON 9' Notary Public In ! nd For Said State Reserved for Recorder Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 Dubuque kraal All -America City 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 I Approved By: RNK I Dale: 08-27-2019 PART OF LOT 1 OF LOT 1, BLOCK 6, ASBURY SRINGS SUBDIVISION NO. 4 CITY OF DUBUQUE, IOWA C.I.P. Number: Sheet Number: 1 of 1 FOUND 5/8" REBAR W/CAP "KOELKER 15487" 4....]; FOUND 2 CHISELED "X" ON CONC. " — SIDEWALK LOT 2-1-1, BLK. 21 KEY KNOLLS SUB. INST. NO. 2013-17868 NOTES: S8910'29*W 24.92' S02'03'08'E 11.13' L=23.72' R=862.60' 1=1'34'33`" CHORD-N00'29'08"W 23.72' H V N0203'08'W 418.02') CITY OF DUBUQUE EXHIBIT A - SIDEWALK & PUBLIC UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. 1022302001 JOB NO PROJECTJFK & HILLCREST S/GNALSECTION 22 TWP 89N RANGE 2E ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T 129 SQ. FT. LEGAL DESCRIPTION LOT 1-1, BLOCK 6. ASBURY SPRINGS SUB. NO. 4, CITY OF DUBUQUE OWNER DUPACO COMMUNITY CREDIT UNION LOT 2-2, BLK. 6 ASBURY SPRINGS SUB. NO.4 INST. NO. 9210-79 10'29'W 25.01' FOUND CHISELED "X" ON TRAFFIC SIGNAL POLE BASE LOT 2-1, BLK. 6 ASBURY SPRINGS SUB. NO. 4 1 INST. NO. 9514-79 0) 0 >- 0 0 z I1. S80'02.11'E 19.95• — Ig 1.4 PERMANENT SIDEWALK AND PUBLIC UTILITY EASEMENT OVER LOT 1-1, BLK. 6, ASBURY SPRINGS SUB. NO. 4 - 129 SQ. FT. 8910'29"E 20.07' "-1t62'4T32"E 12.76' 87'56'52'E 3.34' L-180.57' R-88280' 611'59'39' CHORD-N044315'E 180.24' FACE OF STONE RETAINING WALL 16'01'261 18.79' FACE OF STONE RETAINING WALL LOT 1-1, BLK. 6 ASBURY SPRINGS SUB. NO. 4 INST. NO. 9514-79 NORTH 0 20' 40' SCALE 1" = 40' FEET 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF ABOVE DESCRIBED LOT: DUPACO COMMUNITY CREDIT UNION 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. 80' LOT 1-2, BLK. 6 ASBURY SPRINGS SUB. NO. 4 INST. NO. 9210-79 58990'29'W 383.18' HILLCREST ROAD (55' R.O.W.) 58910'29*W 38298' FOUND5/8"— -1"— REBAR ON W. R.O.W. LINE PASADENA DR. Pg 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 S80'02111" 80'or1��er HILL C — — RES T ROAD S. (50' R.O.W.) LEGEND O 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=12.3.55' R-325.00' 1.214853' —�� — CHORD-N89'04'19'E 122.81' PASADENA DRIVE (50' R.O FOUND5/8" 7REBAR N881449'E 50.00'(DNA. UNE ONLY) FOUND 5/8" REBAR •„'''-_ 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 la duly licensed Land a 0441-'” �1� Surveyor under the laws of the State of Iowa. CO T•. +' For the City of Dubuque � ,x RUSSEL L N. Q CC: KIEFFER :x 18128 • / 08-27-Z0/9 Russell N. Kieffer Iowa My license renewal date is December Lic. No. 18128 Date 31, 2020 I®vtt"' w•���i�Nis Pages or sheets covered by this seal THIS PAGE ONLY 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 S80'02111" 80'or1��er HILL C — — RES T ROAD S. (50' R.O.W.) LEGEND O 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=12.3.55' R-325.00' 1.214853' —�� — CHORD-N89'04'19'E 122.81' PASADENA DRIVE (50' R.O FOUND5/8" 7REBAR N881449'E 50.00'(DNA. UNE ONLY) FOUND 5/8" 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. 316-19 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, DUPACO COMMUNITY CREDIT UNION, has executed a Grant of Easement for Sidewalk and Public Utilities across Part of Lot 1 of Lot 1 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 1 in Block 6 of Asbury Springs Subdivision No. 4, in the City of Dubuque, Iowa, from DUPACO COMMUNITY CREDIT UNION, 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. That 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 201 /9/ Attest: Ke ,'n S. Firnstahl, CMC, City Clerk x_<:y4,24,./A Roy D. Buol, 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. 316-19 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. 411Plirjr77#,..e.417 n S. Firnstahl, CMC, City Clerk