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 � �
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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, , �,.
� �� ��►
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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 -
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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