Grant of Easement for Public Utilities from O'Rourke Farms, LLC Copyrig hted
October 19, 2020
City of Dubuque Consent Items # 25.
City Council Meeting
ITEM TITLE: Grant of Easement for Public Utilities from O'Rourke Farms, LLC
SUM MARY: City Manager recommending acceptance of a Grant of Permanent
Public Utility Easement on and across O'Rourke Farms, L.L.C. property
on Olde Davenport Road for the purpose of constructing water main and
sanitary sewer to provide service to the new I owa Department of
Transportation (lowa DOT) Maintenance Facility.
RESOLUTION Accepting Grant of Permanent Public Utility Easement
on and across O'Rourke Farms, LLC Property on Olde Davenport Road
in Dubuque County, lowa
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
O'Rourke-Farms-Old Davenport Road Sewer City Manager Memo
Extension-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Utiliry Easement Supporting Documentation
Utility Easement 2 (Aerial) Supporting Documentation
Dubuque
THE CITY OF �
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Maste iece on tj2e Mississi i zoo�•zoiz•zois
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Grant of Permanent Public Utility Easement O'Rourke
Farms, L.L.C. - Old Davenport Road Water & Sewer Extension
DATE: October 15, 2020
Assistant City Engineer Bob Schiesl recommends City Council acceptance of a Grant of
Permanent Public Utility Easement on and across O'Rourke Farms, L.L.C. property on
Olde Davenport Road for the purpose of constructing water main and sanitary sewer to
provide service to the new lowa Department of Transportation (lowa DOT) Maintenance
Facility.
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
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Robert Schiesl, Assistant City Engineer
Dubuque
THE CITY OF �
D R All•pmerisa City
U i/ iJ '�I���m,tL�nM.li_val
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Maste 12C2 OYI t�1e MZSBISSI 1 zao�-zoiz-zoi3
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TO: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
FROM: Robert Schiesl, Assistant City Engineer
SUBJECT: Acceptance of Grant of Permanent Public Utility Easement
O'Rourke Farms, L.L.C. - Olde Davenport Road Water & Sewer Extension
DATE: October 15, 2020
INTRODUCTION
The purpose of this memorandum is to seek City Council acceptance of a Grant of
Permanent Public Utility Easement on and across O'Rourke Farms, L.L.C. property on
Olde Davenport Road for the purpose of constructing water main and sanitary sewer to
provide service to the new lowa Department of Transportation (lowa DOT) Maintenance
Facility.
BACKGROUND
The lowa DOT is currently constructing a new Maintenance Garage Facility at the corner
of the Southwest Arterial US61-151 interchange and Olde Davenport Road. During the
plan development for the new garage, the lowa DOT requested and collaborated with the
City for the extension of public water and sanitary sewer to serve the new facility.
DISCUSSION
As part of the new Maintenance Garage Facility, the lowa DOT is paying for the
construction and extension of new water main and sanitary sewer along Olde Davenport.
Upon completion of the utility extensions, the water main and sanitary sewer will become
the property of the City as public utilities. Due to the limited right-of-way along Olde
Davenport, the lowa DOT requested the City's assistance to obtain a Permanent Public
Utility Easement on and across O'Rourke Farms, L.L.C. property on Olde Davenport
Road. The City worked with the O'Rourke's and secured a Permanent Public Utility
Easement.
RECOMMENDATION
I recommend accepting the Grant of Permanent Public Utility Easement on and across
O'Rourke Farms, L.L.C. property on Olde Davenport Road as described on the attached
resolution and as shown on the exhibit attached to the Grant of Permanent Public Utility
Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the dedication of Grant of Permanent Public Utility
Easement on and across O'Rourke Farms, L.L.C. through the adoption of the enclosed
resolution.
Prepared by: Robert Schiesl, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Robert Schiesl, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 325-20
ACCEPTING GRANT OF PERMANENT PUBLIC UTILITY EASEMENT ON AND
ACROSS O'ROURKE FARMS, L.L.C. PROPERTY ON OLDS DAVENPORT ROAD, IN
DUBUQUE COUNTY, IOWA
Whereas, O'Rourke Farms, L.L.C., has executed a Grant of Permanent Public Utility
Easement on or across:
PART OF LOT 1 OF O'ROURKE FARMS ADDITION AND PART OF THE LOT 2
OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH P.M., ALL IN SECTION 13, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH P.M., in Dubuque County, State of Iowa.
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 Permanent Public Utility Easement, across the properties
as listed above, in Dubuque County, State of Iowa from the property owner listed above,
copies 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 Permanent Public Utility Easement, in the offices
of the City Assessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 19th day of October 2020.
,.ter
Attest:
Keyrn S. Firnstahl, CM it Clerk
lerk
n A
Roy D. Buol, Mayor
Doc ID: 010599470007 Type: GEN
Kind: EASEMENT
Recorded: 10/21/2020 at 03:29:11 PM
Fee Amt: $37.00 Paqe 1 of 7
Dubuque County Iowa
John Murphy Recorder
File2020-00016365
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 PERMANENT PUBLIC UTILITY EASEMENT
For and in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other good
and valuable consideration, the receipt whereof is hereby acknowledged, O'ROURKE
FARMS, L.L.C. ("Grantor"), an Iowa Limited Liability Company, for itself, its successors
and assigns, does hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA,
("Grantee"), a municipal corporation, its agents and contractors, and assigns, from the
date hereof, rights of ways and easements through, under and across the following
described real estate situated in Dubuque County, Iowa, to wit:
PART OF LOT 1 OF O'ROURKE FARMS ADDITION AND PART OF THE LOT 2
OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH P.M., ALL IN SECTION 13, TOWNSHIP
88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE
OF IOWA, as shown on Exhibit A attached hereto and by reference made a part
hereof.
Said permanent public utility easement shall be as shown on the attached Exhibit A 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.
Together with the right to enter upon said property during the period of construction until
the project is accepted by the 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 utility appurtenances. It is understood
and agreed that the Grantee herein shall compensate Grantor for any disturbance or loss
of crop ground due to the construction, maintenance, or repair of said utility
appurtenances.
N
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 utility 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
does hereby expressly covenant that Grantor is the owner in fee of said real estate and
has good right to execute this Grant of Permanent Public Utility Easement, and that the
Grantee, its agents or contractors, and assigns, shall at all times have free access to and
egress from and over said real estate to maintain or repair said utilities thereon or therein.
Dated at Dubuque, Iowa this �j�_ day of September 2020.
O'ROURKE FARMS, L.L.C.
NOTARY PUBLIC
STATE OF NEVADA,
COUNTY OF CLARK, SS:
On this 0'-I`� day of September , A.D., 2020 before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Paul O'Rourke,
to me known to be the identical person(s) named in and who executed the within and
foregoing instrument and acknowledged that he executed the same as his voluntary act
and deed on behalf of O'Rourke Farms, LLC.
SARA I FAGNANT
Notory Public, State of Nevado �iw Z°�.- `�✓
No. 08-7591-1 Notary Public In and Fo Said State
My Appt• Exp. July 15, 2024
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PERMANENT UTILITY PERMANENT UTILITY EASEMENT N
EASEMENT FOR NE1/4 NW1l4 c`�.�
WATER MAIN,SANITARY SEC.13-88N-2E IN THE NAME OF THE CITY OF DUBUQUE, IOWA �
SEWERAND FIBER BEING PART OF LOT 1 OF O'ROURKE FARMS m
OPTIC CABLE �.i
FILE NUMBER 2075-00004147 ', ADDITION AND PART OF LOT 2 OF THE EAST a
6 � 1/2 OF THE SOUTHWEST 1/4 OF SECTION 13, �
, � NW COR.OF THE TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE a
5 �' � � SE1/4 NW1/4 O
� , � SEC.13-88N-2E 5TH P.M., ALL IN THE SECTION 13, TOWNSHIP o
LOT B OF LOT 1 OF THE SW1/4 NW1/4 ���� 4 �` 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., �
AND OF LOT 3 OF THE SW1/4 NW1/4 AND �
THE SE1/4 NW1/4 ALL IN SEC.13-88N-2E �' , 3 � SE1/4 NW1/4 COUNTY OF DUBUQUE, STATE OF IOWA ~
FILE NUMBER 2015-00006176 � , I ` SEC.13-88N-2E 3
•%/� �
OWNER: O'ROURKE FARMS LLC N
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PERMANENT UTILITY ,;� � I �33�° LOT 1 1800 WESTERN AVENUE W
EASEMENT FOR �� ; � ,� LAS VEGAS, NEVADA 89102 �
WATER MAIN,SANITARY ,. � I ��' � m
SEWER AND FIBER ,;' � ,�� a OLDE DAVENPORT ROAD �
OPTIC CABLE ;' � ,�� O� ` 66.00'RIGHT-OF-WAY BEARING-DISTANCE TABIE �
FILE NUMBER 2015-00004147 .� � / g�
��' ` ,'( PERMANENT PERMANENTUTILITYEASEMENT �
^\'`y^ ,'�� � ,�%/'�EAS MENTY � UTILITY EASEMENT A TO 1 N 01' 42; 15;; W 56.13' o
7 1 TO 2 N 37° 42 50 W 1034.36' g
y� �,' LOT 3 `\ �! I FILE NUMBER Q
�P � ' SW1/4 NW1l4 r% 1997-00013386 2 TO 3 N 36° 53' S6" W 1127.90' U
`t` ,'� SEC.13-88N-2E Y� � �'
�,�G ��� ,� � `$ 3 TO 4 N 53° 06' 04" E 17.00' N
J`.�' ,'� ;i ' ` � 4 TO 5 N 35° 44' 49" W 280.87' v�i
�,PERMANENT 16.5' ��
�. ,� �� 5 TO 6 N 42° 54' 22" E 17.63' g
,, UTILITY EASEMENT , , U
�� FILE NUMBER ;� 2 ` 6 TO 7 5 36° 53' S6" E 1207.41' �
�� 2015-00006177 �� � _ _ _ _ _ _ _ — _ - 7 TO 8 S 53° 06' 04" W 10.00' Q
.;' ,
�� - - - - - - - - - - - -�T - - ,� LOT2 8 TO 9 5 36° 53' S6" E 2Q4.22'
�' ,'�� � E1/2 SW1/4 NE COR.E1/2 9 TO 10 5 37° 42' S0" E 158.65' W
/ �
I ` SEC.13-88N-2E S3-88N 2EC 10 TO 11 5 37° 42' S0" E 101.40' LL
'' � �cJ � �0 11 TO 12 S 37' 42' S0" E 732.81' �
�
�' �—PERMANENT UTILITY �� � LOT 2 PQ' ` S BIDSVOISION 12 TO 1 S Ol° 42' 15" E 51.�2' U
EASEMENT FOR �C �
WATER MAIN,SANITARY���/ I ��(i �Q ` OF FOLEY'S �
SEWER AND FIBER ' � �'� GROVE m
FOILEINUMBER I ��JPOO `` LOT 4 0
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2015-00004147 ,,- � � P.O.B. OF � 0 200 400 600 800 a
��� � PERMANEN UTILITY w
,��� EASEMENT � a
,;� ' LOT2 SCALE IN FEET
� I �(��`P� I hereby certify that this Land Surveying
� , LOT 1 EHLERS
�, PLACE
,, .�P� document was prepared by me or under
i,
� ��GS ������ my direct personal supervision and
�, '(� �( � LOT 11 & ,o"°O"�AND ""�� that I am a duly Licensed Land Surveyor
,, LOT 3 SOJ �,�� 2-1-2-2-1-1-2 ,;.'S�,o,,•••••• s�*'''•,, un ert aws e ateoflowa.
�' PERMANENT UTILITY EASEMENT CONTAINIPlG 79,170 SQUARE FEEf OR 1.82 ACRES. 1�,��:� WELSH'S '�'MiCHAE R°.no�€ � (,��` I� 1' U O
`i% ,� SUBDIVISION _ FAGLE _ MICHAEL R.FAGLE Date
PERMANENT UTILITY EASEMENT IN LOT 1 OF O'ROURKE FARMS ADDITION CONTAINS 78,302 SQUARE ,��%1',y'� , i: asos :
FEET OR 1.80 ACRES. O�Cp'�'L "-,,,,�'••.......••'�,,,.-�`;
License number 8505
&� �ow� , My license renewal date is December 31, 2020
�COM --....,,,,,,,,,,,,,�.,,.,.,,,,..,.,",�
� PERMANENT UTILITY EASEMENT IN LOT 2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 13, Pages or sheets covered by this seal:
TOWNSHIP 88 NORTH,RANGE 2 EAST OF THE 5�"P.M.CONTAINS 868 SQUARE FEET OR 0.02 ACRE. SHEETS 7 AND 2 OF 2
EXHIBIT A SHEET1 OF2
PERMANENT UTILITY EASEMENT
IN THE NAME OF THE CITY OF DUBUQUE, IOWA
BEING PART OF LOT 1 OF O'ROURKE FARMS ADDITION AND PART OF
LOT 2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 13,
TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., ALL IN THE SECTION 13,
TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA
OWNER: O'ROURKE FARMS LLC
1800 WESTERN AVENUE
LAS VEGAS, NEVADA 89102
DESCRIPTION: PERMANENT UTILITY EASEMENT
A PARCEL OF LANQ SITUATED IN PART OF LOT 10F 0'ROURKE FARMS ADDITION AND PART OF LOT 2 OF
THE EAST 1J2 OF THE SOUTHWEST 1/4 OF SECTION 13,TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5r"
P.M.,ALL IN SECTION 13,TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE ST" P.M., COUNTY OF DUBUQUE,
STATE OF IOWA, DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1 WHICH IS AT THE POINT OF
INTERSECTION OF THE CENTERLINE OF OLDE DAVENPORT ROAD AND THE EAST LINE OF THE EAST 1/2
OF THE SOUTHWEST 1/4 OF SAID SECTION 13;THENCE NORTH 01° (DEGREES)42' (MINUTES) 15"
(SECONDS) WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION} ON THE EAST LINE OF
SAID LOT 1 ALSO BEING THE EAST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 13, A
DISTANCE OF 56.13 FEET TO THE PRESENT NORTHEASTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT
ROAD BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH
37'42'S0" WEST ON THE PRESENT NORTHEASTERLY RIGHT-OF-WAY LINE OF OLQE DAVENPORT ROAD,
1034.36 FEET;THENCE NORTH 36°53'S6" WEST ON THE PRESENT NORTHEASTERLY RIGHT-OF-WAY LINE
OF OLDE DAVENPORT ROAD, 1127.90 FEET;THENCE NORTH 53°06'04" EAST ON THE PRESENT
NORTHEASTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT ROAD, 17.00 FEET; THENCE NORTH
35°44'49" WEST ON THE PRESENT NORTHEASTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT ROAD,
280.87 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61/151;THENCE
� NORTH 42°54'22" EAST ON THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY
61/151,A DISTANCE OF 17.63 FEET; THENCE SOUTH 36°53'56" EAST, 1207.41 FEET; THENCE SOUTH
53°06'04" WEST, 10.00 FEET;THENCE SOUTH 36°53'S6" EAST; 204.22 FEET;THENCE SOUTH 37°42'S0"
EAST, 158.65 FEET TO THE NORTHERLY LINE OF LOT 2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF
SAID SECTION 13; THENCE CONTINUING SOUTH 37°42'SO" EAST, 101.40 FEET TO THE SOUTHWESTERLY
LINE OF LOT 2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 13; THENCE CONTINUING
SOUTH 37°42'S0" EAST, 732.81 FEET TO THE EAST LINE OF SAID LOT 1 ALSO BEING THE EAST LINE OF
THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 13;THENCE SOUTH 01°42'15" EAST ON THE
EAST LINE OF SAID LOT 1 ALSO BEING THE EAST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID
SECTION 13, A DISTANCE OF 51.02 FEET TO THE POINT OF BEGINNING.
PERMANENT UTILITY EASEMENT CONTAINING 79,170 SQUARE FEET OR 1.82 ACRES.
PERMANENT UTILITY EASEMENT IN LOT 10F 0'ROURKE FARMS ADDITION CONTAINS 78,302 SQUARE
FEET�R 1.80 ACRES.
PERMANENT UTILITY EASEMENT IN LOT 2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 13,
TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5T" P.M. CONTAINS 868 SQUARE FEET OR 0.02 ACRE.
EXHIBIT A SHEET20F2
Special Achievement in GIS THEC77Y�F
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Prepared by: Robert Schiesl City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Robert Schiesl, City of Dubuque, 50 W. 13'h Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 325-20
ACCEPTING GRANT OF PERMANENT PUBLIC UTILITY EASEMENT ON AND
ACROSS O'ROURKE FARMS, L.L.C. PROPERTY ON OLDS DAVENPORT ROAD, IN
DUBUQUE COUNTY, IOWA
Whereas, O'Rourke Farms, L.L.C., has executed a Grant of Permanent Public Utility
Easement on or across:
PART OF LOT 1 OF O'ROURKE FARMS ADDITION AND PART OF THE LOT 2
OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH P.M., ALL IN SECTION 13, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH P.M., in Dubuque County, State of Iowa.
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 Permanent Public Utility Easement, across the properties
as listed above, in Dubuque County, State of Iowa from the property owner listed above,
copies 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 Permanent Public Utility Easement, in the offices
of the City Assessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 19th day of October 2020.
Roy D. Buol, Mayor
Attest:
Keyth S. Firnstahl, CMC; °"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. I
do further state that the hereto attached Resolution No. 325-20 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 20t" day of October, 2020.
Kevi! S'. Firnstahl, C, i y Clerk