Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Grant of Easement for Public Utilities over M&D Real Estate 1, LLC
City of Dubuque City Council Meeting Consent Items # 029. Copyrighted June 20, 2022 ITEM TITLE: Grant of Easement for Public Utilities over M&D Real Estate 1, LLC SUMMARY: City Manager recommending approval of the acceptance of the Grant of Easement for Public Utilities from M & D Real Estate 1, LLC as part of the Stoneman Road Reconstruction Project. RESOLUTION Accepting a Grant of Easement for Public Utilities Through, Over and Across Part of Lot 1-1-2-1-2-2-2-2-2 of the Ne 1 /4 of the NE 1/4 of Section 28, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Grant of Easement for Public Utilities over M&D Real Estate 1, LLC-MVM Memo Staff Memo Resolution Easement Type City Manager Memo Staff Memo Resolutions Supporting Documentation THE C Dubuque DUj!BQTE WAWca 914 Masterpiece on the Mississippi YP pp aoo�•o 13 z0i7*20*�oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of a Grant of Easement for Public Utilities over M & D Real Estate 1, LLC property in Dubuque, Iowa as part of the Stoneman Road Reconstruction Project DATE: June 14, 2022 City Engineer Gus Psihoyos is recommending City Council adopt a resolution approving the acceptance of the Grant of Easement for Public Utilities from M & D Real Estate 1, LLC as part of the Stoneman Road Reconstruction Project. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF D UB E Masterpiece on the Mississippi TO: FROM: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer DATE: June 9, 2022 Dubuque All•MerieaCity 2007,2012.2013 2017*2019 RE: Acceptance of a Grant of Easement for Public Utilities over M & D Real Estate 1, LLC property in Dubuque, Iowa as part of the Stoneman Road Reconstruction Project INTRODUCTION The purpose of this memorandum is to seek approval and acceptance of a Grant of Easement for Public Utilities across M & D Real Estate 1, LLC property being part of Lot 1-1-2-1-2-2-2-2-2 of the NE 1/4 of the NE 1/4 of Section 28, Township 89 North, Range 2 East of the 5` P.M., in the City of Dubuque, Iowa, as part of the Stoneman Road Reconstruction Project. BACKGROUND Stoneman Road was originally constructed in 1974. The pavement is in very poor condition and the stormwater drainage has been an issue for years. Stoneman Road currently serves Hills and Dales Child Development, the Kennedy Mall, a dentist office complex, Tandem Tire, and the future Green State Credit Union facility. DISCUSSION The Stoneman Road Reconstruction Project includes the reconstruction of pavement, installation of a sidewalk on the north side of the street, reconstruction of storm sewer, reconstruction of some watermain and installation of new streetlights. The project will also include electrical conduit to accommodate the streetlights. The existing street right of way width along Stoneman Road is relatively narrow will not accommodate future utility expansions in the area. A 10' wide permanent easement off of the north side of the existing road right of way will provide an area for current and future utility extensions. RECOMMENDATION I recommend accepting the Grant of Easement for Public Utilities from M & D Real Estate 1, LLC across part of Lot 1-1-2-1-2-2-2-2-2 of the NE 1/4 of the NE 1/4 of Section 28, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa, as shown on the attached Grant of Easement document to facilitate the construction of the Stoneman Road Reconstruction Project. ACTION TO BE TAKEN I respectfully request acceptance of the Grant of Easement for Public Utilities from M & D Real Estate 1, LLC through the adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS cc: Chris Lester, Water Department Manager Brant Schueller, Water Distribution Supervisor Jesse Bernhardt, GIS Specialist Prepared bv: Nate Kieffer City of Dubuque 50 W. 131" Street Dubuque IA 52001 (563) 589-4270 Return to: Adrienne N. Breitfelder, City Clerk City of Dubuque 50 W. 13'" Street Dubuque IA 52001 (563) 589-4121 RESOLUTION NO. 230-22 ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES THROUGH, OVER AND ACROSS PART OF LOT 1-1-2-1-2-2-2-2-2 OF THE NE 1/4 OF THE NE 114 OF SECTION 28, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5T" P.M., IN THE CITY OF DUBUQUE, IOWA Whereas, M & D Real Estate 1, LLC has executed a Grant of Easement for Public Utilities through, over and across part of Lot 1-1-2-1-2-2-2-2-2 of the NE 1/4 of the NE 1/4 of Section 28, Township 89 North, Range 2 East of the 51h P.M., in the City of Dubuque, 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 Public Utilities through, over and across part of Lot 1-1-2-1-2-2-2-2-2 of the NE 1/4 of the NE 1/4 of Section 28, Township 89 North, Range 2 East of the 51h P.M., in the City of Dubuque, Iowa as shown on the Grant of Easement for Public Utilities, from M & D Real Estate 1, LLC, 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. Section 3. The City Clerk is hereby authorized to and directed to record this resolution and Grant of Easement for Public Utilities with the Dubuque County Recorder. Passed, approved, and adopted this 201h day of June, 2022. Brad,WeAervanagh, Mayor Attess/t: --x gt- Adrienne N. Breitfelder, City Clerk Doc ID: 010976750005 Type: GEN Kind: EASEMENT Recorded: 06/22/2022 at 08:47:17 AM Fee Amt: $27.00 Pape 1 of 5 Dubuque County Iowa John Murphy Recorder File2O22-0000 / 803 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13<" Street, Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13w Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF EASEMENT FOR PUBLIC UTILITIES For and in consideration of the sum of Two Thousand Six Hundred Forty and _ 00/100's j and other good and valuable consideration, M & D REAL ESTATE 1, LLC, 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: A part of Lot 1-1-2-1-2-2-2-2-2 of the NE 1 /4 of the NE 1 /4 of Section 28, Township 89 North, Range 2 East of the 5th P.M., 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 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 A 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. 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 277 0o (�) �i F�S IAJAr* 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 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 IV day of 1-10011 , 202-9- Z , R,v M & D REAL ESTAT, LC By: Mark B. Griffi a er " NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: Z ' R N IC - On this 14 TAf day of 4 ,PWj L , A.D., 2029-befor me, the undersigned, a Notary Public in and for said County, in said State, personally appeared MA21G 3 : G 41 f FI A) , 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. era cs RUSSELL N. KIEFFER z° Commission Number 778626 My Commission Expires May 24, 2025 Notary Public In and For Said State 1 1 Y tti 1 r ¢ � i I Z%NIS 3� L. .�.. x J }4 EASEMENT (750 SF) NOW 53' 08"W 5.00' �" * 8Z& 41:E 15=L .�11. ... .r td"SMf70 '— m4rrl5'a0r 0 ; T�' BE 01 I y a 5 G Its YM—(a w)—(e w)—�--(e )-(D YP)-(D YP)-<8 w) (D YP)-(D w) (D w) (Y YP) (Y YP) —.—um © a '"Ell"I'll M IE: DESIGN RROEESSIONAI: pgO,E<T NO: EXHIBITA3435 STONEMANROAD NS21-0056 DATE ISSUEDzi 03-02-2022 A�10M NSULTANTSRROIECT NAME CURRENT REV. SHEET NUMBER' WWW-AXIOM-CON.COM I (3191519-6220 STONEMAN ROAD 1 OF 1 mar Pm es)gn av) -survey eets x } its x) its. wg Prepared by Nate Kieffer City of Dubuque 50 W. 131h Street Dubuque IA 52001 (5631589-4270 Return to: Adrienne N. Breitfelder, City Clerk City of Dubuque 50 W. 131h Street, Dubuque, IA 52001 (563) 589-4121 RESOLUTION NO. 230-22 ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES THROUGH, OVER AND ACROSS PART OF LOT 1-1-2-1-2-2-2-2-2 OF THE NE 1/4 OF THE NE 1/4 OF SECTION 28, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE STH P.M., IN THE CITY OF DUBUQUE, IOWA Whereas, M & D Real Estate 1, LLC has executed a Grant of Easement for Public Utilities through, over and across part of Lot 1-1-2-1-2-2-2-2-2 of the NE 1/4 of the NE 1/4 of Section 28, Township 89 North, Range 2 East of the 51 P.M„ in the City of Dubuque, 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 Public Utilities through, over and across part of Lot 1-1-2-1-2-2-2-2-2 of the NE 1/4 of the NE 114 of Section 28, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa as shown on the Grant of Easement for Public Utilities, from M & D Real Estate 1, LLC, 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. Section 3. The City Clerk is hereby authorized to and directed to record this resolution and Grant of Easement for Public Utilities with the Dubuque County Recorder. Passed, approved, and adopted this 201h day of June, 2022. Brad avanagh, Mayor Attest: �J 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. 230-22 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 21 st day of June, 2022. Adrienne N. Breitfelder, City Clerk