Acceptance of Grant of Easement for Sanitary Sewer Utility across Dubuque Initatives Property behind 1500 Radford RdCity of Dubuque
City Council Meeting
Consent Items # 16.
Copyrighted
February 7, 2022
ITEM TITLE: Acceptance of Grant of Easement for Sanitary Sewer Utility across
Dubuque Initiatives Property behind 1500 Radford Road in Dubuque
SUMMARY: City Manager recommending acceptance of a grant of easement for
sanitary sewer utility from Dubuque Initiatives for a relocated public
sanitary sewer across Part of Lot 1 of Dubuque Industrial Center 14th
Addition, in the City of Dubuque, Dubuque County, Iowa through the
adoption of the enclosed resolution.
RESOLUTION Accepting a Grant of Easement for Sanitary Sewer
Utility through, under and across part of Lot 1 of Dubuque Industrial
Center 14th Addition, in the City of Dubuque, Dubuque County Iowa
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Acceptance of Grant of Easement for Sanitary Sewer
Utility across Dubuque Initiatives Property behind 1500 City Manager Memo
Radford Road-MVM Memo
Staff Memo
Staff Memo
Resolution
Resolutions
Grant of Easement
Supporting Documentation
Area Map
Supporting Documentation
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Grant of Easement for Sanitary Sewer Utility across
Dubuque Initiatives Property behind 1500 Radford Road in Dubuque
DATE: February 1, 2022
City Engineer Gus Psihoyos is recommending acceptance of a grant of easement for
sanitary sewer utility from Dubuque Initiatives for a relocated public sanitary sewer
across Part of Lot 1 of Dubuque Industrial Center 14t" Addition, in the City of Dubuque,
Dubuque County, Iowa through the adoption of the enclosed resolution.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
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Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Acceptance of Grant of Easement for Sanitary Sewer Utility across
Dubuque Initiatives Property behind 1500 Radford Road in Dubuque
DATE: January 25, 2022
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a grant of easement for
sanitary sewer utility from Dubuque Initiatives for a relocated public sanitary sewer
across Part of Lot 1 of Dubuque Industrial Center 14t" Addition, in the City of Dubuque,
Dubuque County, Iowa.
BACKGROUND
In 2020 MAR Holdings (Medical Associates) purchased property from Dubuque
Initiatives in Dubuque Industrial Center at the northwest corner of the Northwest Arterial
and Chavenelle Road. Medical Associates proposed plans to do preliminary grading on
the property to prepare for the development of the land for office/medical buildings and
parking lots. The grading plans showed that a significant volume of soil would need to
be removed from the site. In order to save on material hauling costs, Medical
Associates (MA), Dubuque Initiatives (DI), and Geisler Brothers Company (GBC)
agreed that MA could haul the fill to the DI property behind the GBC property at 1500
Radford Road. GBC and DI have been discussing a possible sale of DI land to GBC for
an easterly expansion of the existing GBC building. The fill from the MA site would
accommodate the proposed eastward building expansion.
DISCUSSION
Because the proposed fill on the DI property would cause the existing public sanitary
sewer on the DI property to be greater than the City's maximum allowable depth, the
City required that the existing public sanitary sewer and associated easement be
relocated outside of the proposed fill area (to the east of the fill area but still on DI
property).
In the fall of 2021, the City of Dubuque, Dubuque Initiatives, Medical Associates, and
Geisler Brothers Company, entered into an agreement for the relocation of the existing
public sanitary sewer. The agreement provides for the engineering design and
relocation of the public sanitary sewer (by GBC), the platting (by GBC) and granting of a
new sanitary sewer easement (by DI) to accommodate the new sewer alignment, the
abandonment of the old sewer (by GBC), and the vacation of the old sewer easement
1
(by City). After construction by GBC this coming spring and appropriate inspection and
testing, the City of Dubuque will own and maintain the relocated public sanitary sewer
utility. The new easement will also provide the City rights to extend a sanitary sewer
main to serve the existing property to the north (currently owned by Horsfield). A copy
of the agreement is attached to this memo for reference.
The attached Grant of Easement shows the new sanitary sewer easement across Part
of Lot 1 of Dubuque Industrial Center 14t" Addition, in the City of Dubuque, Dubuque
County, Iowa. A public hearing to vacate the old sanitary sewer easement will be set in
the near future.
RECOMMENDATION
I recommend accepting the Grant of Easement for Sanitary Sewer Utility through, under
and across Part of Lot 1 of Dubuque Industrial Center 14t" Addition, in the City of
Dubuque, Dubuque County, Iowa, as shown on Exhibit A on the attached Grant of
Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Easement for Sanitary Sewer Utility
from Dubuque Initiatives through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
Prepared by: Nate Kieffer City of Dubuque 50 W. 13" Street Dubuque IA 52001 (563) 589 4270
Return to: Nate Kieffer City of Dubuque 50 W. 13" Street Dubuque IA 52001 (563) 589 4270
RESOLUTION NO. 40-22
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY THROUGH,
UNDER AND ACROSS PART OF LOT 1 OF DUBUQUE INDUSTRIAL CENTER 14TR
ADDITION, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY IOWA
Whereas, per an agreement between the City of Dubuque, Dubuque Initiatives,
MAR Holdings, and Geisler Family Realty Company, the parties wish to set forth terms
for the relocation of a proposed public sanitary sewer utility located in Part of Lot 1 of
Dubuque Industrial Center 14th Addition, in the City of Dubuque, Dubuque County, Iowa;
and
Whereas, Dubuque Initiatives has executed a Grant Easement for Sanitary Sewer
Utility through, over and across Part of Lot 1 of Dubuque Industrial Center 141h Addition,
in the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of,
accepts and consents to the Grant of Easement for Sanitary Sewer Utility through, over
and across Part of Lot 1 of Dubuque Industrial Center 14t' Addition, in the City of
Dubuque, Dubuque County, Iowa from Dubuque Initiatives, a copy of which is 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.
Passed, approved and adopted this 7th day of February, 2022.
Attest: Brad . E vanagh, Mayor
Adrienne N. Breitfelder, City Clerk
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Doc ID: 010913150005 Type: GEN
Kind: EASEMENT
Recorded: 02/15/2022 at 03:23:57 PM
Fee Amt: $27.00 Paqe 1 of 5
Dubuque County Iowa
John Murphy Recorder
File2022-00002290
Prepared by: Nate Kieffer, City of Dubuoue. 50 W. 131-h Street, Dubuoue. 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 SANITARY SEWER UTILITY
For and in consideration of the Ten and 00/100's Dollars ($10.00) and other good
and valuable consideration, the receipt whereof is hereby acknowledged,
DUBUQUE INITIATIVES, an Iowa Corporation, ("Grantor"), of Dubuque County,
State of Iowa, for themselves, their heirs and assigns, does hereby grant, sell
and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal
corporation, its agents and contractors, from the date hereof, rights of ways and
easements through, under and across the following described real estate
situated in Dubuque, Iowa, to wit:
Part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of
Dubuque, Dubuque County, 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 and maintaining a sanitary sewer utility 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 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 sanitary sewer and
appurtenances.
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
V 00
(8� na City Engineering
excavation that will diminish the lateral support or integrity of said improvements
without obtaining the prior written consent of the City Engineer.
Grantor agrees that any future improvements placed within said easement by
Grantor, and their heirs and assigns, excluding turf grass and existing driveways,
may be removed and not replaced by the City of Dubuque in the process of
maintaining, repairing or reconstructing the sanitary sewer main utility. City of
Dubuque will not be responsible for the replacement, repair, or relocation of any
future improvements, besides turf grass and existing driveways, that encroach in
the proposed easement.
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 sanitary sewer
utility thereon or therein.
Dated at Dubuque, Iowa this 14 day of ���, UaC , 20ZX.,;�L
DUBUQUE INITIATIVES
By:
Kevin J. Lynch, r sident
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this 14- day of IAMM , A.D., 2021�before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Kevin
J. Lynch 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 ac and e
otary Public In and For Said State
IAN CHARD HATCH
Notarial Seal - Iowa
Commission Number 827446
My Commission Expires Nov 12, 2023
EXHIBIT A
Index Legend
Location:
LOT 1
DUBUQUE INDUSTRIAL CENTER 14TH ADD.
IN THE CITY OF DUBUQUE
DUBUQUE COUNTY
IOWA
Proprietor:
DUBUQUE-IN-FUTURO INC.
Re uestor:
GEISLER BROTHERS
Surveyor:
JOHN M. TRANMER
Surveyor
ORIGIN DESIGN CO., 137 MAIN STREET
Company.
DUBUQUE, IOWA 52001
PHONE: (563)556-2464
EASEMENT EXHIBIT
A 20 FOOT WIDE SANITARY SEWER EASEMENT LYING
WITHIN LOT 1, DUBUQUE INDUSTRIAL CENTER 14th
LOT 1-3 ADDITION IN THE CITY OF DUBUQUE,
DUBUQUE INDUSTRIAL DUBUQUE COUNTY, IOWA
CENTER 12TH
ADDITION Poe
—1 —
NORTH UNE J
I LOT 1
(j 20 FOOT SANITARY
SEWER EASEMENT
N84'45'46"W Poc
71.83' NORTHEAST CORNER LOT 1 DUBUQUE LEGAL DESCRIPTION
INDUSTRIAL CENTER
` A 20 FOOT WIDE SANITARY SEWER
EASEMENT LYING WITHIN LOT 1 DUBUQUE
\ Z� TMCAp�I110N INDUSTRIAL CENTER 14th ADDTION IN THE
I CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA WHICH CENTERLINE IS MORE
d a+ PARTICULARLY DESCRIBED AS FOLLOWS:
I I I ;'
DATE OF SURVEY: I ` %0
DECEMBER 20, 2021 to
• r
nn �
EX 20' STORM
SEWER EASEMENT
\1.
TOTAL AREA SURVEYED:
13,425 SQUARE FEET N'
1� �A10 I
�q0
LOT 1 '\ SANITARY SEWER
DUBUQUE EASEMENT
INDUSTRIAL 13,425 SO. FT.
EX 20' SANITARY CENTER 14TH \ ,, I
SEWER EASEMENT ADDITION
LOT 2 IS87-30'03"E I
INDUSTRIAL DUBUQUE
106.64' -
CENTER 10TH }
ADDITION ! I
EX 20 SANITARY
SEWER EASEMENT I
I N �
iz b i
EX 20' STORM N t-1 /V6 LOT 1
SEWER EASEMENT C C I h DUBUQUE
�— ZN ,�'�� INDUSTRIAL
/// CENTER FIRST
ADDITION
� I �
LOT 1 1
DUBUQUE
_
R.O.W.
POINT OF TERMINATION
INDUSTRIAL
EN ESR
N08'42'01"
112
I 16.52
ADDITION
f,
- —
LEGEND .
LOT LINE
—
EASEMENT LINE
_—
SANITARY SEWER EASEMENT
EX
EXISTING
POB
POINT OF BEGINNING
POC
POINT OF COMMENCEMENT
RIGHT-OF-WAY
( )
RECORDED AS
FOEUND 5 IRON REBAR W
78'
ORDAS NNTEDCAP N0. 1263
COMMENCING AT THE NORTHEAST CORNER
OF SAID LOT 1;
THENCE NORTH 84 DEGREES 45 MINUTES
46 SECONDS WEST ALONG THE NORTH
LINE SAID LOT 1, 71.83 FEET TO SAID
CENTERLINE AND THE POINT OF
BEGINNING;
THENCE SOUTH 14 DEGREES 16 MINUTES
54 SECONDS EAST ALONG SAID
CENTERLINE, 446.11 FEET;
THENCE SOUTH 15 DEGREES 55 MINUTES
43 SECONDS WEST ALONG SAID
CENTERLINE, 249.16 FEET TO THE POINT
OF TERMINATION AT THE CENTERLINE of
THE EXISTING SANITARY SEWER
EASEMENT.
CONTAINING 13,425 SQUARE FEET, MORE
OR LESS, AND SUBJECT TO EASEMENTS,
RESERVATIONS, RESTRICTIONS AND
RIGHT-OF-WAY RECORD AND NOT OF
RECORD.
THIS SSU•RVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND RIGHTS -OF -WAY
OF RECORD AND NOT OF RECORD.
EASEMENT NOTE
FOR EXISTING EASEMENTS SEE PLAT
OF SURVEY, LOTS 1-3 DUBUQUE
INDUSTRIAL CENTER 12th ADDITION,
DOC. NO. 10616-99.
NORTH
GRAPHIC SCALE
0 100 200
1"=1Do'
DRAWING MAY HAVE BEEN REDUCED
origin
design'
900 556-"91 orl4lnded4n w
CNECKED ,YT PRQI. Na. 20198-01
DATE 12-20-21 SHEET 1 of 1
Prepared by: Nate Kieffer, City of Dubuque, 50 W. IV' Street, Dubuque, IA 52001 (563) 589-4270
Retum to: Nate Kieffer, City of Dubuque, 50 W. 131h Street. Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO.40-22
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY THROUGH,
UNDER AND ACROSS PART OF LOT 1 OF DUBUQUE INDUSTRIAL CENTER 14TH
ADDITION, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY IOWA
Whereas, per an agreement between the City of Dubuque, Dubuque Initiatives,
MAR Holdings, and Geisler Family Realty Company, the parties wish to set forth terms
for the relocation of a proposed public sanitary sewer utility located in Part of Lot 1 of
Dubuque Industrial Center 14th Addition, in the City of Dubuque, Dubuque County, Iowa;
and
Whereas, Dubuque Initiatives has executed a Grant Easement for Sanitary Sewer
Utility through, over and across Part of Lot 1 of Dubuque Industrial Center 14th Addition,
in the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of,
accepts and consents to the Grant of Easement for Sanitary Sewer Utility through, over
and across Part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of
Dubuque, Dubuque County, Iowa from Dubuque Initiatives, a copy of which is 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.
Passed, approved and adopted this 7th day of February, 2022.
f
Brad anagh, Mayor
Attest:
"?� „
Adrienne N. Breitfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, 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. 40-22 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 8t" day of February, 2022.
,Aeooia A
Adrienne N. Breitfelder, City Clerk
THE MY OF
DUB E
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Insert Subtitle 2017*2.0119
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City of Dubuque.Offe of'GIS, City of Dubuque.
DISCLAIMER: This Information was -, -.piled
using the Dubuque Area Geographic Information System
(DAGIS), which includes data created by both the City of
Dubuque and Dubuque County. It is understood that, while
the City of Dubuque and participating agencies utllized the
Itmost current and a«u ate information available, DAGIS and
's su ppuers do not warrant the accuracy or currency of the
Information or data coma died herein. The City and pamclpatlng
agencies shall not be held liable for any direct, Indirect, Incidental,
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this data or the Inability to use this data or out of any breach of
warranty whatsoever.
1 inch = 300 feet
10050 0 100 200 300 400 Feet
N Map Prepared by:
City of Dubuque
W E Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589-4270 S
Fax: (563) 589-4205